SHAFFER'S 49-Phonc-13
SANITARY
MEAT €0.
Keal eI J‘s Bes! — ai Lower Prices
EitEE DELIVERY
Prices Good Thursday, Friday aid Saiurday
H ft i
WEATHER
Rhode Island Red
ROASTIWG
I® U L LJE T S
Burns Canadian Fresh All-Meat
Weiners
Choice Western Steer
Round or Sirloin
Guaranteed Tender - Delicious
Choice Steer
Easiern Grade A
Pork Roast
lb. 7*
Fresh
FRYERS
New York Dressed
lb. 65c
DIVORCE, LEGAL
ACTIONS OCCUPY
COURT SATURDAY
In District Court Saturday morn
ing Judge George W. Polta gran
j ted a divorce to Vera E. Smith
from Charles Smith.
In another action a judgment
was granted the Alaska Federal
(Savings and Loan Co., against Phil
lip G. and Gladys Strand. Judg
ment was for the unpaid balance on
a house loan, plus attorney fees and
interest.
The Alaska Distributors was
; granted a wholesale malt license
for Juneau.
Most of Saturday morning in
.court was devoted to arguments on
questions of law in the matter of
six canneries in the Ketchikan
area vs the Fishermen’s and Allied
Workers Division of the ILWU
■ Local 3-30.
The canneries involved are the
|New England Fish Company, Fid
j algo Island Canning Co., Nakat
Si Packing Co., Ketchikan Packing Co.,
! Ward’s Cove Packing Co., and Lib
by, McNeil and Libby. The canner
ies had asked a temporary injunc
tion to suspend picketing of the
;l canneries by the Union a month
ago over a question of fish prices.
The court took Saturday's argu
Iments under consideration and it
i is expected its decision will deter
jmihe the outcome of the case.
' J. Irtr. Leivers, clerk of the court,
Laid that Judge Falta. who is in
I Anchorage conducting court in the
1 Third Division, will return to Ju
jueau for a three-day stay August
I IB to conduct a pre-trial confer-;
t tnce in the case of the Nakat
'■j Packing Co. vs the United States.!
The Nakat company is suing the
‘ government for damages in a fire
j which destroyed its Waterfall Can
nery last year. The plaintiff char
] ges the fire started from sparks
4 from a generator which the Army
■ was operating on the premises. R.
;E. Robertson is attorney- for the
plaintiff. Following the conference
; Judge Folta will return to Anchor
iage.
;
FLOOD-RAVAGED
AREAS ARE HIT
WITH MORE RAIN
KANSAS CITY, July 11 —UPI —
, Continuing rains swept Missouri and
Kansas today, heaping additional
i misery on flood-ravaged areas.
I Kansas was hardest hit by the
i fresh rains.
National Guard units were order
j ed to flood duty. Volunteers pa
i troled dikes already weakened by
weeks of heavy rains.
| Floods during June inundated
| thousands of acres of rich farm
j land and made hundreds homeless.
| New rains now are threatening some
| areas with even greater disaster.
Manhattan, Kas., where homes
and business buildings suffered
I heavy damage from the flooded
I Smoky Hill and Big Blue rivers 10
| days ago, was under water again.
: Observers feared it would be worse
j this time.
Water filled the street in front
| of City hall, poured into a fire sta
,---—
NATIONAL COMMANDER
OF LEGION PRESENTS
EAGLE SCOUT BADGES
As a prelude to his principal
address In Juneau before a large
■ group of American Legion and
Auxiliary members Sunday evening,
Erie Cocke, Jr., Legion National
Commander awarded Eagle Scout
badges to three members of Ex
plorer Troop 713 of Juneau,
Himself an Eagle Scout and first
man of the scouting movement in
Anieiica to become national com
mander. he told of essential skills
learned through the scouting pro
gram as having given him the j
“pattern for survival in circum- I
stances of a narrow margin be
tween life and death."
The three local youths awarded
the badges were Eddie Dull, Art
McKinnon and Wayne Powers. Mr.
and Mrs. Edward Dull, A. P. Mc
Kinnon and Mr. and Mr. and Mrs.
Jerry Powers, their parents were j
presented to the assemblage and re- I
ceived miniature Eagle Scout bad- ;
ges.
The Scouts and their parents |
.stood before the mirrors of the ]
Gold Room, while Legionnaire i
Charles Burdick, commissioner of
the Alaska Council, Boy Scouts of
America, told of the broad extent j
of the Americanism program of I
the American Legion in the nation's I
scouting program, and of the great j
impetus to scottting given in recent
years throughout Alaska.
He commended the new Eagle
Scouts for their achievement, ad
herence to Scout Laws, and then
introduced the advisor to Explorer
Troop 713, Chester Zenger, who is
also Chef de Gare of Voiture Lo
cale, Society of Forty and Eight
which organization sponsors the
Explorer Troop. With Zenger, Scout
Master Charles Buttrey was given
commendation for service of the
youth of this community. Alaska’s
scout executive, Maurice Powers,
was congratulated for the success of
his efforts in training the young
people in the Territory in the ideals
of the scouting program and good
citizenship.
This was the first time in the
history of scouting in America,
Commissioner Burdick explained,
that three Eagle Scouts received
their badges at one time at the
hands of the National Commander
of the Legion which sponsors Cub
Packs, Explorer Units and Scout j
Troops. j
MISS CONOVER MARRIES
J. I>. PETERS, ANCHORAGE'
Word has been received of the
marriage of Miss Pearl Conover
on June 15 to J. D. Peteff in An
chorage. Mrs. Peters was formerly
with the Department of Commerce
in Juneau and for the past two
two years has resided in ' Anchor
age. While here, she was a member |
of the Business and Professional
Women’s Club.
HILL EGAN HERE
William Egan, Valdez business- j
man and speaker of the House dur-!
ing the last legislature, is stopping
at the Baranof hotel.
tion and was within six inches of
police headquarters.
- Rain measuring 4:80 inches fell
last night at Emporia, Kas.
FOR THE
r UNION PACIFIC
Air-conditioned trains, rest-easy coach seats,
comfortable Pullman accommodations, the
finest in dining car meals, homey lounge cars
—all combine to assure you the rest of your lift
when you travel Union Pacific.
NEXT TRIP AND EVERY TRIP GO VNION PACIFIC
1Rt4t <*4 you 7R(de
Three fine trains daily to and from the East
. Stoc<XmtiMVt "CITY OP PORTLAND'!
"PORTLAND ROSI"
"IDAHOAN"
low FARES
CONVENIENT SCHEDULES
Let us kelp plan your trip
CITY TICKET OFFICE
1300 4th Are. at UniT«rsity, ELliott 6933, Seattle,Wnj
fOK DIFINDA1LI TRANSPORTATION—4c Specific ■.. Mty UNION PACIFIC
Nonresident fishermen, engaged
in commercial fishing in Alaska,
I , an be taxed $5 each, the same as
| resident fishermen.
This was the conclusion reached
by the Ninth Circuit Court of Ap
peals in a two-to-one decision
handed down June 25 in the case of
Oscar Anderson and the Alaska
! Fishermen’s Union against Terri
toiial Tax Commissioner M. P.
Mullaney.
Anderson and the union conten
ded that because of its discrimin
atory features, the $50 nonresident
license tax imposed by the 1949
Legislature is in violation of the
Organic Act, the Civil Rights Act,
and sections of the Constitution re
lating to protection and privileges
of citizens and interstate com
merce.
Circuit Judges William E. Orr of
Las Vegas, Nevada, and Walter L.
Pope of Missoula. Montana, suppor
ted the views of Anderson and the
union in part. Chief Judge William
Denman of San Francisco dissen
ted.
Interstate C'omfnerce is unconsti
tutionally burdened by the Alaska
tax statute, according to the deci
sion.
"Whatever the motive which
prompted the Alaska Legislature in
imposing the discriminatory tax
upon the nonresident fishermen,”
said Judges Orr and Pope, “the
necessary effect of the discrimina
tion was to discourage, hamper and
burden the interstate movement of
fishermen:
In their decision the two Circuit
Judges quoted Justice Stone of the
Supreme Court: “This Court has
many times pointed out that move
ments of persons across state boun
daries are a part of interstate
commerce, subject to the regulation
and entitled to the protection of the
national government under the
commerce clause.”
Justice Frankfurter of the Sup
reme Court is also quoted in this
decision: “In two recent cases we
applied the principle that the
Commerce Clause was not merely
an authorization to Congress to en
act laws for the protection and
encouragement of commefce among
the States, but by its own force
created an area of trade free from
interference by the States. In short,
the Commerce Clause even without
implementing legislation by Con
gress is a limitation upon the
power of the States.”
To which Judges Orr and Pope
add: "We cannot conceive that in
granting legislative power to the
Territorial Legislature it was in
tended that the power should ex
ceed that possessed by the legisla
ture of a State in dealing with
commerce.”
In his dissent, however, Judge
Denman asserts that the Territorial
Legislature has more pow’er over
taxation than does a State Legis
lature and in fact has the same
power of taxation as Congress it
self. He cites Supreme Court de
cisions in support of this view.
In Judge Denman’s opinion, then,
the Alaska Territorial Legislature
has certain powers of taxation that
it will lose when it becomes a State
legislature. ,
Perhaps opening the door for a
slightly higher levy on nonresident
fishermen in the future, Judges Orr
and Pope quote from another de
cision: "The State is hot without
power to charge nonresidents a
differential which would merely
compensate the State for any added
enforcement burden they may im
pose or for any conservation ex
penditures from taxes which only
residents pay.”
They assert, however, that no
■showing ha-s been made that it
costs Alaska $45 more to collect
the license tax from a nonresident
than from a resident fisherman.
VV hat happens next is a matter
that has been causing some specu
lation among the fishermen and
around the fishing industry. The
Territory can appeal to the U. S.
Supreme Court for a final decision
on this particular tax question.
If the Territory does not appeal,
and perhaps even if it does, it will
presumably refund to the nonresi
dent fishermen $45 on each $50 li
cense fee collected in 1949, 1950 and
1951.
This will amount to a tidy
amount of money.
The report of the Department of
Taxation shows that 2,828 nonresi
dent licenses were issued in 1949
and 4,990 in 1950, a total of 7,818.
This year's crop should bring the
present total to somewhere between
11,000 and 12,000, which would mean
refunds approximating a half mil
lion dollars.
Hard hit. too, will be the Sick
Fishermen's Benefit Fund, created
hy the 1951 Legislature and receiv
ing 30 percent of fishermen’s li
cense tax revenues. Using 1950 fig
ures, the income of the Benefit
Fund will be decreased by $67,365
this year by reason of the Circuit
Court decision.
T1 e piesent case does not deal j
with another aspect of the fisher
men's license tax. Halibut fisher
men who fish in international
waters but sell their catches in Al
aska, so far as the present decision
is concerned, will be in the same
class as other nonresident fisher
men and will be required to pay a
$5 license fee.
The Circuit Court decision, how
ever, makes one comment that may
have an effect on future halibut
landings in Alaska.
Judges Orr and Pope note that.
"The statute appears to limit issu
ance of licenses to one who is a
citizen of the United States or who
‘possesses a valid declaration of
intention’ to become -such.” They
add that "this aspect of the law is
not involved here.”
This aspect of the law, although
not involved in the case of Ander
son and the union, might particu
larly apply to fishermen aboard
Canadian halibut vessels, many of
whom have by-passed Alaska ports
because of the high license tax.
These fishermen are certainly not
citizens of the United States and
presumably have not filed declara
tions of intention to become citi
zens. Their fish would be welcomed
by Alaska cold storage firms and
their trade by Alaska merchants.
24 TAKE PETERSON
LAKE HIKE SATURDAY
Twenty-four members of the
Ship, Shank and Shutter Club en
joyed a hike to Peterson Lake Sat
urday, Dr. I. J. Montgomery, dir
ector of the Alaska Merit System,
said today.
The party hiked the forest trails
to the lake, returned by way of
the St. Teresa shrine and to "Mont
gomery's Ward," Montgomery’s
cabin on Lena Cove road, for re
freshments.
Next Saturday the hike will be
to Montana Creek and Herbert
River. Sunday a boat trip is plan
ned to South Snettisham into the
Sweetheart Flats. The group will
leave on the vessel Donjac from
the small boat harbor at 7 a.m.
—EMPIRE WANT ADS PAY- -
'South Pacific'
Will Show at
Kodiak Base
U. S. NAVAL STATION, KOD
IAK, ALASKA, July 11. 1951 — The
first rights ever granted to a mili
tary group to produce the famous
Broadway musical comedy, "South
Pacific,” have been received by Navy
Chief C. J. Pobojeski of Head
quarters, 17th Naval District, Kod
iak.
In addition to granting rights tc
produce the show, its writers, Rogers
and Hammerstein, have sent their
Chicago company stage managei,
Ross P. Bowman, to Kodiak as
technical advisor. He will work with
the military company until they are
ready to open the show in August.
ALWAYS
lhe finest array of colorful curtains and
drapes in a full range of sizes and fabrics.
THE CURTAIN SHOP
- MEZANNINE FLOOR
juneau-young hardware co., inc.
Alaska’s Finest Hardware and Furniture Store
J IT N E A II
Reds Change
Attitude in
Peace Talks
(Continued from Page One)
fair, but you never can tel! about
these things.”
Communist radios in Pyongyang .
and Peiping said North Korean and
Communist negotiators have laid (
down a three-point demand lor a 1
cease-fire agreement:
1. Establish a 121 mile buffer j
zone at the 38th Parallel.
2. Re-establish the status quo as 1
of June 25. 1950, when the Korean
war started, with the 38th Parallel
dividing North and South Korea.
3. Withdraw all ‘ foreign troop-.'
from Korea and start talks immed
iately for exchange of prisoners.
KOREAN CASUALTIES
WASHINGTON, July 11 — im —
Announced U. S. battle casualties in
Korea reached 78,728 today, an in
crease of 616 since last week.
The Defense Department’s weekly
summary based on notifications to
families through last Friday re
ported :
Last Week Tota
Killed in action 11,564 11,721
Wounded .54,302 54,750
Missing 12,244 12,248
Total 78,110
Battle Deaths . .13.000
13,176
Perry Arrested
On Assault
Charge; in Jail
Robert V. Perry, 27, is in Federal
jail after being arrested on a
Charge of assault with a dangerous
weapon. He was arrainged in U. S.
Commissioner’s Court Monday af
ternoon and bond was set at $1,500.
The complaint was signed by As
sistant Chief of Police Frank Cav
anaugh. *
According to police records Pe/ry
is an employee on a government
boat. He is alleged to have pulled
a knife on bartender Martin West
wong in Sweeney’s Bar Sunday
night about 9:20. Ward Johnson, in
thebar at the time, ran to call Ju
neau police when he saw and
hailed Highway Patrolman Emmett
Bothello.
Bothello grabbed Perry and star
ted for the back door of the bar
when Perry whirled and knocked
Bothello down with improvised
“knuckles.” Perry had three silver
dollars between the fingers of his
clenched fist and backed by a cig
arette lighter in his palm.
ROBERT RUSSELL
KILLED IN KOREA
Word has been received by Mrs.
George F. Crisman of the death of
her cousin, Sgt. Robert McFadden
Russell, killed in action with the
U. S. Marines in Korea on May 24.
Robert was the son of Mr. and Mrs
Howard R. Russell of Morton, Wash,
and was a descendant of Obediah
Benton McFadden, a Supreme Court
justice of Washington Territory.
Sergeant Russell and his twin
brother, David, enlisted in the
Marine Corps on their 18th birth
day in October, 1942. David separ
ated from the service in 1945 bn
Robert stayed on. Upon returning
from San Francisco last August,
after bidding his brother goodbye or
his departure for Korea, David wa:
fatally injured in an automobile ac
cident. Robert will be buried beside
his brother in the Alpha, Wash.,
cemetery.
13 COME FROM
WEST; 36 OUT
Forty-nine passengers were car
ried by Pacific Northern Airlines
yesterday with 13 arrivals and 36
depaitures. '
From Anchorage: Frank Ahern,
Mr. and Mrs. Joseph Schapiro, A.
Mann, George Vaara, E. McCarthy.
From Cordova: H. Hilscher, Mr.
and Mrs. Walch, U. Nelson, C. W.
Swanson.
From Yakutat: M. Jones, Mrs.
Benson.
To Anchorage: J. Featberstone,
T. Mossberg, A. Baade, Mrs. E.
Kouelauich and two children, F.
W. Baxter, A. K. McLean, Kenneth
Kadow, T. L. Robbins, Harry John
son, Bill Graves, John Monagle, G.
Russell, Mr. and Mrs. Schultz and
Gail, Mary Becker, Mrs. O. Smith,
Lt. H. Weber, Frank Martin, Lee
Bettinger, Mr. and Mrs. B. A. Copp.
To Cordova :S. H. Lorain, Jacob
and Sharon Tisling, Mrs. B. Os
borne. Jack Brown, Steven and Ken
Crouch. Marie Holst, J. Barseth.
To Yakutat: Mr. and Mrs. Hen
ry Charles, Annie Harry.
IF
in town or
in the "Slicks"
CALL
Glacier Cab
666
OUTBOARD BOAT
OWNERS MAY GET
RECORDS AT C. 3
Authorization has been granted to
the Coast Guard to dispose of cer
tain records and other related cor
re pondence dealing with the award
ing cf numbers to outboard motor
boats 16 feet or less in length dur
ing the period between 1938 and
1847. inclusive, Coast Guard head
quarters announced today. In the
latter year the CG discontinued is
ujng certificates of award of num
bers to outboard motorboats 16 feet
md under in length.
Tl'.e records relating to the certi
fication of these boats generally con
us! ed of applications for numbering,
certificates of award, builder’s
statements and papers proving own
ership. These records are to be des
troyed in September 1951, unless
claimed by interested parties. All
persons who desire to reclaim these
documents submitted for their out
board motor boats from 1938 to 1947
may do so by forwarding a/written
request to the Coast Guard District
Commander who originally issued
.he certificate of award of number.
LUTHERAN LADIES AID
SEWING CIRCLE MEETS
Thesewiiig circle o£ the Lutheran
Ladies Aid Society will meet July
12 at 8 p.in. in the home of Mrs.
Ragnar Kronquist, 333 West Ninth
Street.
The evening will be spent in
sewing for thebazaar to be held on
October 20. Articles will be avail
able for those who w'ish to stare
preparing them for this event.
BILL WINN MOVES
William Winn, real estate, in
vestments and securities broker,
has moved his office from the Gas
tineau Hotel to Room 14 in the
Shattuck Building. He is local rep •
resentative of the Grande Co. of
Beattie.
William L. Baker of the Ketchi
kan Chronicle is registered at the
Baranof Hotel.
THE ALASKA LINE
SEATTLE
AND
Passenger Service
SOUTH
S.S. DENALI
Fri. July 13
Petersburg
Ketchikan
Seattle
N O R T II
S.S. ALASKA
Sat. July 14
Seward
Valdez
Cordova
Sitka
BOUND
S.S. ALEUTIAN
Sat. July 14
Wrangell
Ketchikan
Seattle
BOUND
S.S. BARANOF
Tues. July 17
Seward
Valdez
Freighter Service
From Seattle
July 14
SQUARE KNOT
Vletlakatla, Ketchikan, Petersburg,
Juneau, Excursion Inlet, Pelican,
Sitka, Hood Bay, Tyee, Hydaburg.
- o ■ '■ ■ *
For Information
Phones 2 and 4
Juneau /
H. E. GREEN, Agent
_ _A
ALASKA
STEAMSHIP COMPANY
For
“PICTURE-PERFECT”
Lips Use a
Lipstick Brush
Priced
60c and up
Your Beauty Advisor
TOBI PATTON
JUNEAU
DRUG CO.
Box 1151 — Phone 33