NO RULE ON
TAX VALIDITY,
H.L. FAULKNER
Alaska's property tax law as
passed by the 1949 legislature, has
still not been determined as valid,
according to the opinion of H, L.
Faulkner, Juneau attorney.
Yesterday copies of the decision of
the U, S. Court of Appeals in the
Alaska property tax case were re
ceived in Juneau by Faulkner, one
of the attorneys for Luther Hess
and Alaska Juneau Gold Mining Co.,
who brought suit in Fairbanks to
enjoin the tax commissioner from
collecting the property tax. Judge
Pratt, of the Fourth Division, held
the law to b-' invalid and an appeal
was taken to the Court of Appeals
in San Francisco.
On May 11 an Associated Press
dispatch stated that the appellate
court had reversed Judge Pratt and
held the law to be valid.
"However, while Judge Pratt’s de
cision was rgversatj, the appellate
court did not hold the property
tax law to be-valid," Faulkner said.
’’It declined to pass on its validity
and did not even discuss it. The
reversal is on the sole ground of
procedure.” He said the court held
that instead of bringing suit to
enjoin the collection of the tax, the
taxpayers should have paid the tax
under protest and then brought
suit for refunds with Interest.
Faulkner cited the opinion, which
said;
“If appeuees were to pay under
protest -to the tax commissioner the
taxes assessed on property outside
the municipalities and school dis
tricts and then bring an action at
law against the tax commissioner
to secure a refund, we think the de
termination of the court, would settle
the matter completely.”
The court also said:
“We think that the weight of au
thority is that interest is recover
able on tax refunds In absence of
express authority therefor."
Faulkner added that since the
Court of Appeals did not even dis
cuss the matter of the validity of
the tax law, the only adjudication
to be had oh that question to date
is the opinion of Judge Pratt which
held the law to be invalid.
He said that the opinion of the
Cburt. of Appeals on the procedure
to he followed would seem to be to
require one of two courses to be
taken, and either have a taxpayer
pay the tax under protest and sue
to recover it back with Interest: or,
for taxpayers to continue to decline
to pay the tax and allow the tax
commissioner to bring suits against
the various taxpayers for its col
.’eetlon.
Faulkner concluded that it would
be determined, after consultation
With his clients, which of these
courses would be followed.
TERR. NAT. GUARD
INSTRUCTORS HOLD
CONFERENCE JUNEAU
The Alaska National Guard In
structor Detachment is holding a
three-day conference in Juneau
this/weekend and the early part of
next week.
Men from this unit will arrive on
a special Air Force aircraft Friday
May 18. from their stations in Nome.
Bethel, Anchorage and Fairbanks.
These men have been selected for
their assignments on the basis of
their military experience and abil
ity. All are volunteers and veterans
Qf World War II. These members
of the Regular Army act as ad
visors and instructors for the Na
tional Guard throughout the Terri
tory.
The program for the men while in
Juneau include marching in the
Armed Forces Qay parade on Sat
urday and numerous conferences
Monday and Tuesday to discuss |
plans for next year's operation, j
Among the subjects to be highlight- j
ed are plans for training Eskimo
units and the use of training ma
terial especially designed for the j
Arctic areas.
Also a "must” on the agenda |
are tours of the recreational facil- j
ities here in Juneau. "Most of these i
men have been stationed out on the
tundra. This will be a change for j
them and will give a chance to see I
trees again,” a local National Guard
officer said. Hosts for the group
will be Col. J. D Alexander and his
nooubaiuio.
Arriving from Bethel are Capt. F.
C. Wilson, Warrant Officer L. L
Busby, and Sergeants T. D. Man
ross, D. F. Shantz and C. H. Duck
worth; from Nome are 1st Lt. D L.
Hendershot and Sergeants A. L.
Cortez and Ous Hinson, and Corp
C. L. Dane; from Anchorage are
Capt. T. H. Owen,,Warrant Officer
W. E. White, and Sgt. J. M. Spen
cer; from Fairbanks are Sgts. L. B
Sessions and G. A. Wika.
FROM NOME
James Walsh, Nome Pan Amer
ican traffic manager, arrived here
yesterday on PNA to attend the
PAA sales conference. He is at thej
Baranof Hotel,
f
And the Driver Walked Away !
wmbw ..
Although this new ccnvertable plowed through a thick wall, over- ,
turned in Its 30-foot drop to a Philadelphia railroad right-of-way,
Bernes L. Ilagens, 29, of Farmsville, N. C„ was able to crawl from
the WTeckage. Ilagens told police he lost control of the car as it
crossed the overpass. The car was owned by Hagens' girl friends and
had only been driven a few miles, iff) Wircphoto.
BIG TAKE OF
SALMON GOES
TO MILITARY
Requirements Announced
Probably Be at Least
360,000 Cases
SEATTLE. May 17 —l/PI— Military
requirements will take about 360,000
cases of the 1951 salmon pack from
Alaska and Puget Sound, the De
fense Fisheries Administration here
has been advised.
The total will include red and
cohoe salmbn, according to MaJ. R
L. Hoff of the Army Quartermas
ters Depot, Oakland, Calif.
Th 2 estimate was presented dur
ing a joint meeting of Defense Fish
eries Administration and Office of
Price Stabilization officials.
Industry spokesmen said they be
lieve the military quota can be sup
plied without resort to a “set aside"
program such as was in effect in
World War II. Officials feel the i
volume can be procured on a volun
tary basis, through negotiated con
tracts and otherwise.
Joint Sessions Held
The joint sessions Tuesday were
conducted by Maurice Rattray, DFA
deputy administrator, and W. C.
Eardley, OPA Fisheries adviser. DFA
representatives included Leroy S.
Christie and Dr. Richard A, Kahn
from Washington, D. C. Robert W
Walsh and V. H. Hougen represent
ed the Department of Agriculture.
Industry advisers said there ap
pear to be sufficient supplies on
hand with which to conduct the
1951 salmon fishery, but pointed out
that temporary seasonal draft defer
ments for some fishermen may be '
needed to provide adequate skilled
manpower to complete the season.
Salmon Prices )
Concerning prices, spokesmen said
canned salmon should not be a
specific OPS regulation < ie, CRP-22
Manufacturers’ Order) due to wide
range of prices for the various sal
mon varieties.
Eardley said efforts will be made
to remove canned salmon from the
order, but that it would remain un
der general price controls. OPS
probably will issue a ' tailored'' reg
ulation for canned salmon to price
the various grades progressively as
they become available to the market,
he added.
8G CONSTRUCTION S
SEASON UNDERWAY
FOR JUNEAU NOW
—
The Juneau Chamber of Com- j
merce has made a limited reversal
of its previous policy of discourag- j
ing workers without jobs, coming
to Alaska, Herb Rowland, president
of the Chamber said today.
“In the face of an active con
struction season and a shortage of
both skilled and unskilled labor,
the Chamber will encourage work
men to come here," Rowland said.
“However, anyone coming to Ju
neau should only expect seasonal;
employment and should have suf
ficient funds until located."
The Chamber receives on the
average of 150 to 200 inquiries
monthly from people seeking work
in Juneau, Fred Eastaugh, secre
tary stated. If any member of the
Chamber indicates that he is seek
ing help of a certain type, these
inquiries that might fit his need
are passed along to him. A num
ber of employers have located de
sirable help in this manner.
Irresponsible advertising for
workmen has previously caused
Alaskan towns to be jammed with
men without funds or jobs which
worked a hardship on all, there
fore the Juneau Chamber was
cautious in relaxation of policy.
Many local workmen have gone
on construction projects in the In
terior and with a coming local de
mand for both skilled and unskilled
labor, there is a need for men. A
number of jobs are under way here
new and more likely before long.
Valle-Sommers Construction Co.
already has about 20 men on the
initial work for the new grade
school at 12th St. and Glacier High
way.
Robert Merrill, superintendent of
the Carson Construction Co., is here
supervising the razing of the AB
and City Halls to clear the site
lor the new office building. The
company will employ as much local
labor as is available but will be
forced to import crews when the
local supply is used up.
Grading has been started for the
new Foss. Malcolm and Olsen Ar
chitects Building on Third Street.
Work is expected to begin very
soon on the J. B. Burford Building
across from the Federal Building.
Bids will be advertised within
tlic next few days on the fire sta
tion section of the new city build
ing.
Work is proceeding on the new
Memorial Library by Triplette and
Dalziel.
The new Sturm Locker building
will be completed shortly.
The Mendenhall Apartments will
BUY IT! TRY IT!
YOU'LL ALWAYS MAKE THIS
CHOICE KENTUCKY BOURBON
Your rirst
KENTUCKY STRAIGHT BOURBON WHISKEY
86 PM* • NATIONAL DISTILLERS PRODUCTS CORPORATION • NEW YORK, N. 1
be ready for occupancy In June or
July.
Other construction work that Is
reflected in Juneau business is the
Keil and Peterman 3.2 miles of
road construction between the air
port and Auk Bay, Skagway flood
control project, road and dock work
near Haines, operation of Yakutat
and Excursion Inlet canneries and
installation of a loran station near
Yakutat. i
The Juneau Territorial Employ
ment office reports calls for skilled
and unskilled workers for a four
or five months season, mostly on;
construction, carpenters, nurses, j
teachers, stenographers, clrrk-typ-1
ists, civil engineers and professional1
people.
The Employment Security Com- [
mission supplies all state employ-!
ment agencies with information I
on the Alaska labor situation and;
anyone interested in obtaining sea-|
sonal work should contact his lo-:
cal employment agency or local
union, ESC officials said.
OLD PUBUCHEALTH
CENTER BUILDING IS
MOVED, YACHT CLUB
- I
Moving of the first section of:
'he old Public Health Center build
ing on Main street to the Small
Boat Harbor for use of the Juneau
Yacht Club started Wednesday.
The building, cut in three sec
tions to facilitate moving, will be
assembled and renovated for the
club's headquarters after it is put
on the present approach to the
harbor. The job of moving will be
completed in about two weeks. The
delay in moving the second and
third sections is because the equip
ment used in moving the structure
must be used in relocating the
Sturm Lockers.
Renovation will be completed
some time this summer. Acquiring
the building is a result of several
years search by the Juneau Yacht
Club for a club house. A new ap- ]
proach to the Small Boat Harbor!
will be built this summer.
SIX ARRIVE ON
ELLIS AIRLINES
Six passengers arrived on Ellis
Airlines Wednesday flight with four
traveling on interport.
Arriving from Ketchikan: James
G. Brown. Steve Ferris, Mrs. Pick
ering.
From Petersburg: Les Florence,
j Mr. Sheldon, Earl Ohmer. I
'%! CARRIED ON
ALASKA COASTAL
WEDNESDAY TRIPS
v
Passengers traveling on Alaska
Coastal Airlines Tuesday flights
totaled 82 with 4 on interport, 47
departing and 31 arriving.
Departing for Youngs Bay: Har
ry Johnson, John Monagle; for Ex
cursion Inlet: Fred Alfonse, Afrvid
Jacobsen, S. Harris; for Pelican:
Kirk Jones; for Baranof: R. E. Is
to, J. E. Mundine.
For Ketchikan: Floyd R. Han
ky, J. C. Richards, E. D. Thomp
son. M. B. Logan, Lynn Fauk, Rob
ert Munn, Parker Tohler, Pedreo
Budinich, Walter Walsh; for Hoo
:iuh: Jerry Sampson, Harold Han
sen, Mrs. Don Underwood, Pete
Vincent, Mrs. Pete Vincent, Rob
ert Duncan.
For Sitka: Robert IJean, R. Mere
dith, Jack Farr, Mrs. Farr, Mr. and
Mrs. Art Franklin, W. M. Glas
hrock, E. G. Peterson, Nadia Aga,
lyric Franks, Alice C. Connolly,
Ernest Binder, Dave M. Belcher;
for Haines: Ken Hagar, Ed Grim
. tad, C. McCoy, Fred Mahle.v, J.
C. Hebard, Prank Holder; for
Skagway: M. H. Olson, Ed Cow
ling, Mr. and Mrs. W. T. Battrick.
Arriving from Haines: Elmer
Edward, Chester Johnson, Mr. and i
Mrs. John Jenkins, Van Scheuman,1
Everett D. Knell; from Skagway:
Martin Passineau, Fred Enearl, E.
Knell, Mr. and Mrs. William
Cailson, Knute and Phillip Felipe,
Chai ies McCcy.
From Sitka: J. S. Fly, E. Peter
son, Charles Wagner, Pat Barkley,
Fowler Martin, H.Oster. Miss Paw
lick: from Hood Bay: Mrs. Eugene
Stout: fiom Angoon: Robert Dun
■m: from Fick Cove: Richard Col-;
by.
From Goose Cove: A. N. Gay; j
from Kocnah: Mr. and Mrs. Nick'
Marvin, Paul Dybdahl; from Peli-1
car.: Mrs. Gus Wahto; from Hawk
Inlet: Harry Johnson, John Mon
agle.
VESSEL REFLOATED
The Coast Guard 83-footer aided
in refloating a 32-foot troller yes
terday afternoon, according to in
formation from C. G. headquarters
here. The fishing vessel had gone'!
agroum in the west side of Port-]
land Island Sunday afternoon. Its'
iisted owner is Frank Thomas of i
Juneau. It appeared undamaged
and proceeded to Hoonah under its
own power.
—EMPIRE WANT ADS PAT— j
I
Seasoning Salts
Delicious flavor quick!
Onion, Garlic, Celery,
Savor Salt Seasoning
,
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Free Engraving on All Watches
• I
-0 -:
All Standard Make Watches
in stock for your personal 1
inspection. See what you
buy before you buy it.
--o
GEO. LANGAKER
* *
SCUDDER LEAVES ON
INVESTIGATION OF
TAKING "ATKA" FISH
Henry C. Scudder, credit officer
in the native resources division,
Alaska Native Service, leaves Mon
day for the island of Atka to de
termine the interest of the island
inhabitants in the harvesting of a
run of mackerel particular to that
area.
In the vicinity of the island is
the only place where this type of
mackerel known as “Atka” fish
spawns in notable quantities.
Spawning season for them is dur
ing the months of June and July
and is the only time they occux
there. The fish spawn on kelp
fronds in tidal passes. The macker
el have a regular migration pattern,
according to Scudder.
This type of mackerel is different
from the eastern mackerel in that
it is not as streamlined. The “Atka"
fish lend themselves to salting and
aie fine eating, said Scudder.
Atka is one of the principal is
lands ol the Andreanof group in
the middle Aleutians.
If time permits on the teturn
trip, Scudder will visit the villages
of Ugashik, Egegik, Kvichak, Dil
iingham, and the Togiak and Kus
kokwim River mouth areas—all in
the Bristol Bay area—to study the
effects of the new fishing regula
tions as they pertain to native
fishermen. The new regulations for
the first time permit power in the
drift net boats. To be considered
also Is the establishment of new
set net areas within the Bristol
Bay drift net area.
The salmon run in this area
differs from other areas in that
the salmon are predominately red.
The migration is of a short dura
tion but very intense running its
course in the month from approx
imately June 35 to July 25.
Scudder expects to teturn for
the opening of the regular seining
season August 5 in southeast Al
■ aska. %
CDA ENTERTAINED
BY MRS. ASTCNE
Mrs. Angelo Astone entertained
the C.D.A. sewing club at the 20th
Century apartments with the fol
lowing attending:
Mesdames toward Poole, Glenn
Leach, Mary Daugherty, Isabell
Cashen, George Simpkins, Joseph
A. Thibodeau, Albert Rassmussen,
George Maier, Lisle Hebert, George
Haen and Miss Florence Berger.
The afternoon was spent sewing
articles for the hamper, now on
display at the Sears, Roebuck of
fice. Refreshments were served.
Harvey J. C. Aster, Jr. of Seattle
is a guest at the Baranof Hotel.
bPW BUFFET FISH DINNER
Take your dinner date to the
Business and Professional Women’s
Club Buifet Fish Dinner between
1 5:30 and 7:30 p.m. Friday, at the
Scottish Rite Temple. Never so
much for $2.00. 811-2t
RACKETEER 1
CONVICTED
FOR LYING
I new YORK. May 17 —UP—Nu
I bers Racketeer Louis Weber wa
convicted last night of lying to the
. U. S. Senate Crime Probe commit
! tee about lys relations with James
J. Moran, pal of former Mayor Wil
liam O'Dwytr.
Weber, 51-year-old native of Puer
to Rico, will be sentenced on the
perjury conviction in Federal cour.
tomorrow.
He can get up to five years in
prison and a $2,COO fnr — the
maximum imposed on ' 1 ,r..n on
the same charge.
The two perjury trials were the
first prosecutions growing out of
the Senate committee’s sensational
televised hearings here.
The cases hinged on the number
of times Weber visited Moran at
his office when Moran war first
deputy fire commissioner front 1945
to 1950.
PLANT SALE
Juneau Garden Club. American
Legion Dugout, Saturday May 19th
at 10 a.m. 811-3t
i , _ i
| —EMPIRE WANT ADS PAY—
Lowest Everyday Prices — Lowest everyday Prices—Lowest Everyday Prices |
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THE SHARP BUYER BUYS AT BERT'S . .
With full Confidence! Prices are Lowest! Qua
Highesl!
FRESHEST REFRIGERATED PRODFTFV
ASPARAGUS
Washington—All Green
Pound 25c_
Those Wonderful
Navel Oranges
10 Ihs. $1.49
New Potatoes
White—Shafters
5 lbs. 39c
GREEK ONIONS-RADISKE!) iresh by ai, 2 bn. 25c
JEWEAEJ9S FEWEST MEATS
FRESH
PORK
SPARE RIBS
n>- .»«*•
BONELESS
CORNED BEEF
Our Own Cure
lb. 7Qc
FRICASSEE
CHICKENS
'Ready for the Pot
lb. 63c
WHILE THEY LAST
PICNIC HAM lb. 63c
FRESH — SLICED
SIDE PQRKPoundB9c
SIX VARIETIES Pound Cello Package
FRESH COOKIES 43c
Whole Wheat and White
FIG BARS l‘/« lb. 37c
SCHILLINGS COFFEE . . 2 lb-can $1.75
CRISCO
3 lb. can 1.19
LESLIE SALT
Plain or Iodine
Carton 12c
MINCE MEAT
HEINZ
2 pound can 57c
BIRDSEYE — FROZEN
ORANGE JUICE 3 95c
Quart
MIRACLE WHIP 77c
MANDARIN
ORANGES
Pacific Pearl
Can 18c
APPLE SAUCE
OREGON — FANCY
11 oz. tins
2 for 25c
APPLES
FANCY — SLICED
A Can Makes a Pie
No. 2 can 25c
BUTTER, (loverleaf, Fancy . . . lb. 78c
THE BETTER DETERGENT
TREND • 2 large pkgs. 4j|c
Giant Package
HPBOBA SOAP 79c
FRESH
PITTED lb.
DATES 35c
AYLMER'S
CANADIAN
JAMS
Famous for Flavor
4 lb. Strawberry
$1.5»
Delivery! FreeS Of! Course!
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