SUPREME COURT
PUTS NO LIMIT
ON LEGISLATURE
ALASKA LEGISLATURE HAS WIDE
POWER OF REGULATION
T*iRU TAXATION.
COPIES OF DECISION RECEIVED
Under Decision Given By U. S. Su
preme Court, Legislature Car
ries Wide Latitude.
The power of the Alaska Legis
lature to regulate canning otf sal
mon through taxation has a wide
latitude under the decision given
iby the U. S. Supreme Count recent
ly in which it upheld the validity
of the Alaska graduated pack tax
on canned salmon. *Even if the Leg
islature had in mind regulation of
the industry rather than the raising
of revenue tor carry on the Terri
torial government when it passed
the graduated pack tax law, It
might do so lawfully, the Court
held.
The decision, copies of which
have been received by the Juneau
Empire, was delivered by Justice
Holmes. Ft is in part as follows:
"The petitioner (The Pacific Amer
ican Fisheries) offers various rea
sons to show that this tax is not
what it purports to be but is an
attempt to regulate fisheries, which,
the petitioner believes, Congress has
not given the Territory power to
regulate. The answer alleges that
it was known that the revenue from
these taxes would exceed the ap
propriation and needs of the Ter
ritory, and from this and other
things the conclusion is drawn that
the taxes were levied "with the in
tent of driving the defendant out of
its businss. But the preiriise could
not be known, it only could be pro
phesied. If known the conclusion
as to legislative intenfwould not
follow; and if the intent were en
tertained. is the only sense in
which it rationally could be imput
ed, that is, to discourage canning
the larger amounts, the Legislature
Cal M. Brosius
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JL
\
lawfully might act with that in
tent. Fisheries were not the direct
ohjeict of attack, but canneries. It
would require a strong case in any
event to invalidate a tax on things
that the Legislature had .porwer to
regulate because of its collateral
reaction on something else. But
here even as to fisheries the Leg
islature is given power to tax. Any
tax is a discouragement and there
fore a regulation so far as it goes,
and the most plausible reconciliation
of this power with the restrictions
upon amending or modifying the
laiws in force it that the only pur
pose of the restrictions was to pre
vent the Territory from doing away
with all protection, in a short
sighted rush for fish. At least we
must take it to be clear that the
unlimited power expressly given
may be exercised with consideration
of collateral’ advantages and dis
advantages. Alaska Fish Salting and
By-Products Co. vs. Smith, 255 U. S.
44, 48. It could not be exrecised
intelligently otherwise. The extent
of the power is a question of speci
fic interpretation not of general
principle; and therefore we leave the
many familiar cass that wre,re cited •
on one side.
“It is not* unworthy of notice
that in Par. 9 of the Act oi Aug
ust 24, 1912, an earlier statute of
July 30, 1886, c. 818, Par. 1, 24,
Staf. 170, is taken up, in which
the power of the Territorial Legisla
ture to pass laws for the protection
of game, and fish is recognized, and
also that the latest revision of the
fish law by Congress was 'passed
after the present tax law hud been
enacted and had been upheld .by the
District Court; that it provided that
nothing therein contained should
curtail the powers of the Territorial
Legislature of Alaska, and that it
showed no sign of dissatisfaction
with the way in which those pow
ers had bene used. Act of June
6, 1924, c. 272, Par. 8; 43 Stat.
464, 467.
‘Tt is much pressed that the tax
discriminates against large canner
ies in favor of small ones—this es
pecially as contravening the Fifth
Amndment and denying due process
of law*. Cla.'Sifica'tion of taxes by the
amount of he corpus taxed has been
sustained in various connections
heretofore. . By way of specific an
swer it is pointed out by the At
torney General of Alaska that the
size of the run of salmon cannot
be foreseen: that a cannery, must
be prepared to its full capacity;
that there always will. be an ir
reducible minimum of expense to be
borne whatever the size of the
pack; that therefore a small pack
map mean a loss and a larger one a
profit, and that on these considera
tions the law justly may attempt
to proportion the tax to the prob
aible gains. The inequalities of the
tax are based upon intelligible
grounds of policy and cannot be
said to deny the petitioner it con
stitutional rights.”
PORT O’ MISSING MEN
The following letters were received
in the last mail from The Salvation
Army, Winnipeg, inquiring the where
abouts of Henrik Matheson and Nico
lai Fredericksen:
Re. Henrik Matheson
We have been requested to assist in
a search which is being made for the
whereabouts of the above named. The
description and particulars are as fol
lows :
“Birthplace, Nekland, Kwaenangen,
Norway; age about 62 years; trade, a
tailor. Last heard from 25 years ago.”
Re. Nicholai Fredriksen
We have been requested to assist
in a search which is being made for
the whereabouts of the above named.
The description and particulars sup
plied are as follows:
“Birthplace, Skiptvedt, paa Borgen,
Norway; age, 54 years; height, little;
trade, gold digger. Last heard from
in 1917. Last known address, ‘Clon
dyke, Alaska , (probably meaning
Klondike, Yukon Territory, Canada).
It may be that he has gone to Calif
ornia to seek work ih the gold mines
there.”—Dawson News.
Subscribe for the Daily Gateway.
Smokers' sets and fine merschaum
pipes with genuine amber stems—
$8 and up—Alaska Shop. tf.
There aremore than 4,000 iwomen
letter carriers in the British postal
service.
CAPT. HANS BIERD
FORMER ALASKA
SKIPPER RETIES
WENT TO RESCUE OF 762 FISHER.
MEN AND CANNERY HANDS
MAROONED BRISTOL BAY
A (former Alaskan skipper who nb
more paces the /bridge and who has
no tbeen seen in the North for many
years, Us Captain Hans Bierd, well
known to many citizens in this dis
trict. The Seattle P.J. has the fol
lowing to say:
* * *
A MOST picturesque career in sea
m'anship has ibben that enjoyed by
Capt. Hans Bierd, a master mariner
for many years, but who now is at
tempting to engage in mercantile pur
suits, yet who, at the call, would un
doubtedly return to the high seas.
Intermingled with his seafaring
Captain Bierd has attempted fox
(farming and still dajbbles in cabinet
making. Testifying to his skill in
the latter pursuit are several pdeces
of furniture adorning his home in Se
attle which he constructed out of su
perfluous woodwork of the famous
steamship, now known as the tug:
Roosevelt, of which craft he was
commander for a number of years
in the service of the United States
Bureau of Fisheries. It was while
in command of (this vessel, Admiral
Peary’s famous Arctic ship, in 1918,
that Capt. Bierd went to the rescue
of 762 Alaska fishermen and cannery
hands marooned in Bristol Bay dur
ing the celebrated unanticipated!
ifreezeup at the start of the fishing
season that year.
Captain Bierd first came to the
Pacific as commander of the steam
ship Saga, which he brought around
the Horn to Vancouver, B. C., in
1898, and he promptly joined the gold
rush to Alaska.
From 1919 to last Jone Captain
Bierd was with W. R. Grace and Co.,
and retired rwhen that firm sold his
vessel.
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Shop. tf
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: ju.
CAL M. BROSIUS
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ANCHORAGE, ALASKA
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Piping and Fittings for
Power Plant Construction
5000 feet 2 1-2'double extra strong steel pipe, in random
lengths, 12 to 30 feet each; each length fitted with
square machined, four-bolt flanges. One end of run
grooved, opposite end and outlet tongued with steel
machined bolts, hexigon heads and nuts.
3000 feet 1 1-2 double extra strong steel pipe in lengths
12 to 30 feet each; each length fitted with square ma
chined four bolt flanges. One end of run groved, op
posite end and outlet tongued, with steel machined
bolts, hexagon heads and nuts.
500 assorted 1 1-2 and 2 1-2 steel four bolt flanges, elbows,
tees, crosses, return bends, divided return bends, re
ducing companion flanges, flange unions, globe and
angl* -valves, etc.
The pip—g and fittings are in first class condition, ready
for immediate delivery F. O. B. mail steamer Starr,
at Portlock, Port Chatham, Alaska.
Our price will be based up Walworth Manufacturing Com
pany’s factory catalog price F. O. B. Boston, Mass.,
thereby allowing the purchaser the cost of the freight
from the Aatlantic Coast to Alaska.
Will sell all or part of above piping and fittings and fur
nish list of quantity of different sizes on hand, upon
request.
Alaska Consolidated Fisheries, Inc.
PORTLOCK, ALASKA