"During the fiscal year 1923 there shall be covered into the appropriation established from time to time under the Act entitled 'An act to authorize the President of the United States to locate, construct, and operate railroads in the Territory of Alaska, and for other purposes,' approved March 12, 1914, as amended, the proceeds of the sale of material utilized for temporary work and structures in connection with the operations under said Act, as well as the sales of all other condemned property which has been purchased or constructed under the provisions thereof; also any moneys refunded in connection with the construction and operations under said Act, and a report hereunder shall be made to Congress at the beginning of its next session: Provided, That the aggregate amount credited to such appropriation under the authority contained in this paragraph shall not exceed $200,000."

§ 3602b. (Act June 30, 1921, c. 33, § 1.) Roads and trails; contributions for construction, etc.

The Secretary of War is hereby authorized to receive from the Territory of Alaska, or other source, such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of construction, repair, and maintenance of roads, bridges, ferries, trails, and related works in the Territory of Alaska, and to cause such funds to be deposited to the credit of the Treasurer of the United States, and to expend the same in accordance with the purpose for which they were contributed. (42 Stat. 90.)*`

From the Army appropriation act for the year 1922, cited above.

§ 3610. (Act Jan. 27, 1905, c. 277, § 8.) Insane persons; commitment to asylum or sanitarium. Jurisdiction of commissioner.-The jurisdiction of a commissioner appointed under the laws of Alaska in matters of probate and guardianship is strictly limited, and compliance with all the requirements of the statute is essential

to the validity of his acts. Tuppela v. Chichagoff Mining Co. (C. C. A. Alaska) 267 F. 753 certiorari denied Chichagoff Mining Co. v. Tuppela, 41 S. Ct. 61, 254 U. S. 648, 65 L. Ed. 456.

§ 3611a. (Act May 24, 1922, c. 199.) mitted to hospitals.

Insane persons; persons ad

Patients who are not indigent may be admitted to the hospitals for care and treatment on the payment of such reasonable charges therefor as the Secretary of the Interior shall prescribe. (42 Stat. 584.)

From the Interior Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

§ 3612a. (Act Aug. 1, 1914, c. 223, § 1.)

Wharf at Sitka; repairs.

This section is repeated in the Treasury Department appropriation act for the year 1923, Act Feb. 17, 1922, c. 55, 42 Stat. 385, except that part which provides for the disposition of the wharf.

Notes of Decisions

Authority to dispose of land.-Under this section, the Secretary of the Treasury is authorized to dispose of the land above high-water mark under

lying the Government wharf and warehouse at Sitka, Alaska. 31 Op. Atty. Gen. 544.

§ 3613a. (Act May 24, 1922, c. 199.) Reindeer; sale of males. The Commissioner of Education is authorized to sell such of the male reindeer belonging to the Government as he may deem advisable and to use the proceeds in the purchase of female reindeer belonging to missions and in the distribution of reindeer to natives in those portions of Alaska in which reindeer have not yet been placed and which are adapted to the reindeer industry. (42 Stat. 584.)

From the Interior Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

§ 3621a. (Act May 31, 1920, c. 217.) Powers of bird reservation wardens.

Hereafter the wardens and other officers heretofore or hereafter appointed by the Secretary of Agriculture for the protection of bird reservations in Alaska under control of the department of Agriculture, or for the protection of fur-bearing animals in Alaska, shall have and exercise like authority and powers in the performance of their respective duties as are conferred upon game wardens by the Alaska game law of May 11, 1908 (Thirty-fifth Statutes at Large, page 102), and by existing law upon officers and agents of the Department of Commerce employed in the salmon fisheries and furseal and sea-otter services in Alaska. (41 Stat. 717.)

This section is a provision of the agricultural appropriation act for the fiscal year 1921, cited above.

§ 3628. (Act June 26, 1906, c. 3547, § 1.) License taxes on business of canning fish or manufacturing fish products in Alaska. Construction and application of section.-Act Cong. June 6, 1900, § 29, and this act, imposing taxes on fish oil works and fertilizer works "fish laws" within section 3530, pro-, are not viding that the power of the Alaska Legislature to alter and repeal laws shall not extend to fish laws of the United States applicable to Alaska. Alaska Fish Salting & By-Products Co. v. Smith, 41 S. Ct. 219, 255 U. S. 44, 65 L. Ed. 489.

Act Cong. June 6, 1900, § 29, and this act, imposing taxes on fish oil works and fertilizer works, in Alaska, do not Acts Alaska, May 1, 1913 (Laws 1913, import a license to such works, and c. 52), April 29, 1915 (Laws 1915, c. 76), and May 3, 1917 (Laws 1917, c. 74), levying license taxes on facturers of fish oil and fertilizer, claimed to be prohibitory, are not in conflict therewith. Id.

manu

§ 3643b. (Act Feb. 14, 1917, c. 53, § 1.) Manufacture or sale of in

toxicating liquor prohibited.

Not repealed. This act, known as the "Alaska Bone Dry Law," held not repealed by National Prohibition Act Oct. 28, 1919, and the penalties for its violation prescribed in the local act, although heavier than those imposed for

the same offense by the national law. held valid and enforceable. Abbate v. U. S. (C. C. A. Alaska) 270 F. 735.

This act was, not impliedly repealed by Const. Amend. 18. Koppitz v. U. S. (C. C. A. Alaska) 272 F. 96.

§ 3643h. (Act Feb. 14, 1917, c. 53, § 13.) hicle in violation of law.

Use of building or ve

V.

See Northern Commercial Co. Brenneman (C. C. A. Alaska) 259 F. 514.

§ 3643hh. (Act Feb. 14, 1917, c. 53, § 14.) Importation of liquors except as provided by law.

See Northern Commercial Co. Brenneman (C. C. A. Alaska) 259 F. 514.

V.

§ 3643m. (Act Feb. 14, 1917, c. 53, § 23.) Property in alcoholic liq

uors; searches and seizures. Interstate shipment of liquor subject to seizure.-Under this act, liquors in possession of a common carrier in Alaska on or after that date, although in course of shipment in interstate commerce, are subject to seizure and

forfeiture. Northern Commercial Co.
v. Brenneman (C. C. A. Alaska) 259
F. 514.

Cited without definite application,
U. S. v. Sischo (D. C. Wash.) 262 F.
1001.

§ 3643p. (Act Feb. 14, 1917, c. 53, § 29.) Importing liquors in violation of law.

V.

See Northern Commercial Co. Brenneman (C. C. A. Alaska) 259 F. 514.

(1206)

CHAPTER THREE B-HAWAII

GENERAL PROVISIONS

§ 3644. (Act April 30, 1900, c. 339, § 1.) Definitions of terms, etc.

Cited without definite application,
Iponmatsu Ukichi v. U. S. (C. C. A.
Hawaii) 281 F. 525.

APPLICATION OF THE LAWS OF THE UNITED STATES

§ 3648. (Act April 30, 1910, c. 258, § 1.)

1900, c. 339, § 5, as amended, Act May 27, Constitution and laws of United States in effect in Territory; certain provisions not to be applicable. Laws applicable.-Under this section, Act Feb. 9, 1909, as amended by Act Jan. 17, 1914 (Comp. St. §§

8800

8801f). applies to that territory. Iponmatsu Ukichi v. U. S. (C. C. A. Hawaii) 281 F. 525.

THE LEGISLATURE

COMPENSATION OF MEMBERS

§ 3668. (Act April 30, 1900, c. 339, § 26, as amended, Act May 27, 1910, c. 258, § 2, and Act July 9, 1921, c. 42, § 301.) Compensation.

The members of the legislature shall receive for their services, in addition to mileage at the rate of 20 cents a mile each way, the sum of $1,000 for each regular session, payable in three equal installments on and after the first, thirtieth, and fiftieth days of the session, and the sum of $500 for each special session: Provided, That they shall receive no compensation for any extra session held under

the provisions of section 54 of this Act. (31 Stat. 146. 36 Stat. 444. 42 Stat. 115.)

This section was again amended by Act July 9, 1921, c. 42, Title 3, § 301, cited above, to read as set forth above. This amendment consists in increasing the amount of mileage and compensation.

For the other sections of said act July 9, 1921, c. 42, see post, note to § 37374.

THE SENATE

QUALIFICATIONS OF SENATORS

§ 3676. (Act April 30, 1900, c. 339, § 34, as amended, Act Sept. 15,

In order to be eligible to election as a senator a person shall— Be a citizen of the United States;

Have attained the age of thirty years;

Have resided in the Hawaiian Islands not less than three years. and be qualified to vote for senators in the district from which he or she is elected. (31 Stat. 147. 42 Stat. 844.)

This section was amended by Act Sept. 15, 1922, c. 315, cited above, by deleting the word "male" therein.

THE HOUSE OF REPRESENTATIVES

QUALIFICATIONS OF REPRESENTATIVES

§ 3682. (Act April 30, 1900, c. 339, § 40, as amended, Act Sept. 15, 1922, c. 315.) Qualifications.

In order to be eligible to be a member of the house of representatives the person shall, at the time of election

Have attained the age of twenty-five years;

Be a citizen of the United States;

Have resided in the Hawaiian Islands not less than three years. and shall be qualified to vote for representatives in the district from which he or she is elected. (31 Stat. 148. 42 Stat. 844.)

This section was amended by Act Sept. 15, 1922, c. 315, cited above, by deleting the word "male" therefrom.

LEGISLATION

APPROPRIATIONS

§ 3696a. (Act May 24, 1922, c. 199.) Mileage, etc., of members of Legislature for attendance on extra session.

The members of the Legislature of the Territory of Hawaii shall not draw their compensation of $200 or any mileage for an extra session, held in compliance with section 54 of an Act to provide a government for the Territory of Hawaii, approved April 30, 1900. (42 Stat. 594.)

From the Interior Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

LEGISLATIVE POWER

§ 3697. (Act April 30, 1900, c. 339, § 55, as amended, Act May 27, 1910, c. 258, § 4, and Act July 9, 1921, c. 42, § 302.) Scope of legislative power.

The legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States locally applicable. The legislature; at its first regular session after the census enumeration shall be ascertained, and from time to time thereafter, shall reapportion the membership in the senate and house of representatives among the senatorial and representative districts on the basis of the population in each of said districts who are citizens of the Territory; but the