flIGHT OF CITY
TO FIX RATES
UPHELD TODAY
Judge Reed Hands Down De
cision in Light Case—
Appeal to Be Taken.
(Contlnuoo irora raKt> Ont l
he goes into much detail and quotes
from a number of decisions of sim
ilar cases, Judge Reed sums up his
final decision as follows:
“It is urg'ed that the common
oounail is not an impartial body.
However, no question Is raised by
the plaintiff as to the reasonableness
of the rates fixed by the common
council nor as to the efforts of the
common council to establish fair an I
reasonable rates The many deci
sions of the Supreme Court of the ]
Ignited States on this point have |
recognized and decided that the gov
-eming body of the oily may be au
thorized to exercise the rate-making
function.
“In this case, by act of the Legis
lature of the Territory of Alaska, the
common council of the city of Juneau
■was authorized to exercise the rate
making function. Prior to that act'
and up to tike year 11112 the authority i
■was vested solely in Congress. From :
the year 1912 to the year 1919 the
authority was vested solely in the
Territory—hence, in the year 1919
the authority was delegated by the
Territory to the common councils
of the Incorporated towns of the Ter
ritotry, the authority vested in the'
Territory bocame vested in the muni
cipalities; and when the municipality
of Juneau on September 19, 1922,
exercised the power so vested in it
by the rates to be Charged for elec
trtcal service, such action was well
founded, and such rates are enforc
abie."
The city of Juneau was represent
ed by Attorneys Hellenthal and Hel
lenthal.
Company Will Appeal
Steps will be taken at once to ap
peal from the decision of the local
court, according to Attorney H. L
(Faulkner, for the company. It is not
expected that the present schedule of
rates will be affectod until the case
is finally determined, the present ar
rangement being continued under
bond by the company by which its
own rates are charged with the pro
vision that refunds will be made
should the city's right to fix the
rates established in the disputed or
dinance be upheld,
The rates which Judge Reed de
clared to be “enforceable” are:
Summer schedule, for lights: Five
cents for the first 100 kilowatts and
4 cents in excess of that amount;
cooking service, 2 cents per kilowatt
hour; hot water heater. $2 per kilo
watt month; electric heater, $2 per
kilowatt month hased on a minimum
connected load of 1 1-8 kilowatts.
(Winter schedule: For lights 0
cents for the first 100 kilowatts and
5 cents in excess of (hat amount:
cooking service, 2 3-4 cents per kilo
watt hour; hot water heater service.
|2.50 per kilowatt month; electric
heater service, 2 3-4 cents per kilo
watt hour.
The motor rates named in the
ordinance are constant throughout
the year, 3 cents per kilowatt hour
for 23 horsepower motors and under,
and 2 cents in excess of that rating.
Street light rates are 75 cenis per
month for 60-watt lamps, $1 tor 100
Watt and $2 for 200-watt lamps
A minimum monthly charge was
fixed at 75 cents
CABARET DANCE IS
ON TONIGHT; GREAT
TIME IS PROMISED
The final touches to the cabaret
scene were put on today by the lire
boys and the members of the Moth
ers' Club for the cabaret entertain
ment to be put on tonight at A It.
Hall for the benefit of the City Play
ground and Recreation Park.
It i* almost a foregone conclusion
that daibareting'' Is going to be en
joyed tonight by practically all of
Juneau, not only for the novelty of
the occasion, but a.so for the good
purpose that the stunt is being put
over for.
There will be features of enter
talntneut provided but these are be
ing kept in the dark and will be
sprung as surprises.
Tables have been arranged around
the hall at which refreshments wil
be served by ladies-in-waiting
iTbe Coliseum Orchestra will fur
ntsh tlie music lor the Cabaret dance
tonight, and the usual dance given
by the orchestra in Elks’ Hall
has been cancelled.
•Jt looks like it is going to be a ibip
night tonight.
Miners Deny Trying
To Create Monopoly
WASH INC TON', April 14. Th»
United Mine Workers of Americ
have placed before the Federal Coa
Committee a denial that the orgauit
ation is seeking to establish a mono'.:
oly in coal mine labor. The state
ment declares the only object is ti
secure for miners a just rate o
wages.
XOUGAROK PROSPECTOR DIES.
Prank O'Connor, well known pros
pector and miner in the Kougaro
di&trict. died at Nome in Februar
after a long illness Up was we]
kuorwu In the North,
ASSERT COOPER HEWITT’S DAUGHTER WAS
ADOPTED.
Wi
^ '-'M
a
Above are shown the lat? P ter Cooper Hewitt, millionaire in
ventor. of Now York, anti his widow, now .Baroness d'Erlang r, of
I’iris, with their tltugh '-r, Ann (’)oprr Hewitt. Members of the
family assert the child was ado; ted by the millionaire and his wife, |
and as such declare she is not entitled to the $30,000 yearly allow- j
nee left her by her father. Baroness d’Erlanger bitterly denies the .j
charges of Mr. Hewitt’s sisters, asserting Mr Hewitt was the father
of the child and that she was not adopted.
£><5tro tveff
d'Err\cvtx£e-C,
Am> Cooper
T”
AYER PRESENTS
SUBSTITUTE FOR
HUNT MEMORIAL
_ I
Seeks Replace Resolution
Authorizing Rustgard
Attack Fish Reserves.
A resolution declaring fish "resor |
• rations recently made by the Bu-1
| re a u of Fisheries to be unlawful and
void as having been made without :
bpower and authority," was introduced
jin the Senate thlis morning by Sena-|
(tor Ayer to substitute for the Hunt,
i Resolution ion the same subject, em
powering the Attorney General to |
! test the validity of the reservation j
j orders. Both resolutions were con
1 tinned on the daily file for further
j consideration.
The Ayer substitute follows:
"Be it resolved by the Legislature
of the Territory of Alaska, That
' while the General Government holds
jit he 'tiftle to the navigable waters
J within the Territory, it holds that
title, not'for its own use and benefit,
j bu't ’in trust, for the use and benefit
| of the people of Alaska, who have
I therein the common right of fishery
and of navigation. Any interference
'with this right by any department
of the Government whatsoever, is an
interference with a right that belongs
to the people of the Territory. While
the Government* lias the right of
[regulation, this right can be exer
| cised only with a vie’jf of making the
peoples' right more valuable, and its
exercise is a legislative function
which belongs to Congress or the
Territorial Legislature acting under
authority from Congress. Any at
'tempt at regulation by the Bureau
|af Fisheries or other executive de
partment is a usurpation of the
power of Congress and of this L.ogis 1
latnre, and any attempt on the par; j
of any one whatsoever, to exclude i.be!
people of this Territory from the!
waters thereof, o as to prevent the j
exercise of 'the common right of tith-j
ery is an unlawful Interference wirhj
the 'peoples' rights
"We therefore declare tlie reserva
tions recently made by the Bureau I
of Fisheries as unlawful and void |
as having been made without power!
and without authority.
"Be it therefore, further res tired, j
that the Attorney General of the Ter (
ritory of Alaska, be, and he hereby i
is, authorized and directed to take j
such steps as he thinks proper t > I
test the validity of the various Fish j
Preserves recently created in the1
Territory of Alaska by the Bureau!
of Fisheries to protect and defend I
any private citizen or corporation of !
the United States any charge of the j
violation of any rules or regulations i
promulgated by the Secretary of j
Commerce or the Bureau of Fisheries
attempting to deny to any person or
corporation the common right of fish
eries, and, to that end, to defray
the necessary expenses connected]
with his or its defense, including the
engaging of attorneys to assist the
Attorney General in the premises
whenever he shall deem the same
necessary.
"For the purposes above mentioned,
the Attorney General shall have au
thority to incur the necessary ex.
ponses, not to exceed in aggregifca
the sum of ten thousand ($10,000.00)
dollars."
WEDDING IN K0YUKUK.
Word has been received at Fair
banks of the marriage in the Koyu
kuk of Miss Vanda Coffey, formerly
a teacher In the Fairbanks High
School and at the time of iter mar
riage teacher of the public school
at Coldfoot, to Jesse C. Allen, a
mining operator in the Koyukuk
country. They will remain in the
Koyukuk where Mr. Allen has in
terests on Kmma Creek.
HOUSE PENSION
BILL APPROVED
IN THE SENATE
Shepard Bill Passes Second
Reading — Controller
Bill Is Continued.
uuamenuco, except in t» > piact-a
to clear up the meaning of the pro
vtieiona. the Shepard bill Increasing
old age allowances to aged residents
t»f the Territory passed its second
reading 'in the Senate today. Before
it was taken up., however, way for
action had been cleared for it by
the withdrawal by Senator Aldrich
of 'a similar measure introduced by
him and the MU for a home at Skag
way for pioneer women, of which he
was also the author.
An effort was defeated to amend
the provision of the Shepard bill by
which payment of pensions to per
sons after they remove from the Ter
ritory and establish permanent resi
dence elsewhere. The amendment
was offered 'by 'Senator Snodgrass
and a division showed. Hunt, Aldrich i
and Snodgrass supporting it, with j
Ayer, Brown, Chamberlin and Dunn i
opposing. Virtually all members ex
pressed the belief that this section ■
nf the measure might be too broad j
but agreed that the plan shoul 1 b
?'iven a two^ear trial and if it |
proved unsatisfactory the bill could j
be amended by the 1925 Legislature, j
Bills Are Continued
The Senate measure making party
nominees for Delegate to Congress
ex-officio national committeemen for
their respective parties, which was
slated for discussion today, was con
tinued on the daily file at the re-!
quest of Senator Chamberlin, who i
said he was waiting to hear from
his constituency on the subject.
Senator Aldrich's Territorial Board !
of Control bill and the substitute of-i
fered for it 'by the Committee on J
Rules, Elections and Election Laws,
was continued until Monday at the
request of Senator Aldrich. It has
been on the calendar since early this
week, action in the meantime being
confined to a reading in Committee
of the Whole of the substitute. The
original bill has net yet been read
in full.
House Biill No. 18, advancing the!
time for filling of candidacies for
primary elections, passed the Senate
by a vote of fi to 2. House Bill No
22. amended by the Senate to require
monthly paydays by tanneries to per
sons in their employ, was continued
on the daily file for further dis
cussion.
New Bill Introduced
Under the provisions of Senate j
Bill No 100, introduced this morning
by Senator Chamberlin, it is proposed j
too raise the salary of Commissioner
of Education from $4,000 to $5,0001
per year. The bill also defines in
detail the necessary qualifications for
persons before they shall he eligible!
for appointment as follows: “The
person cho3en as Commissioner of
Education shall be a graduate of a
standard college or university and
shall have had not less than four
years of experience as a school super
intendent cr supervisor in an ac
credited city school system or in a
state school system at the time he
is appointed to the position."
Suggests Moving Bureau
Removal of the headquarters of
Supt. W. T. Lopp, Alaska Superin
tendent for tho Federal Bureau of
Education, from 'Seattle to Juneau,
is recommended in Senate Joint Me
morial No. 10, which was introduced
today by Senator Hunt. The rea
sons advanced are: that the present
[location in Seattle is so far from the
! scene of the Bureau's work that it
| Works a. hardship upon the Indians
! and Eslkimos over whom it has super
] vision; that the distance separating
1 headquarters from Its field of wore
IL=
COMING!!
1 EXTRA! EXTRA! EXTRA! EXTRA! 1
People of Juneau—everybody—get this—quick!
Next Thursday and Friday Nights—Coliseum Theatre
BIG COMIC OPERA
“The Garden of
The Shah”
Biggest Musical event ever given in Juneau.
Catchiest of music—Choruses—Solos—Duets—Dances.
BIGGEST TREAT EVER GIVEN TO THE AMUSEMENT FANS OF JUNEAU
SPECIAL COSTUMES-SPECIAL SCENERY - SPECIAL EFFECTS
Big Cast of Principals—Big Cast of Chorus Singers.
Given under the auspices of the American Legion.
Reserved seats on sale Monday at Butler-Mauro Drug Store.
tM.
creates obstacles to efficient and eco
nomical operation; that lack of regu
lar and frequent means of transpor
tation to reach outlying Native set
tlements causes neglect and suffer
ing; that delays on account of the
distance involved retards settlements
of complications when they arise in
Indian schools; that it prevents
close cooperation between Federal
officials and Territorial officers,
which should be maintained to keep
down conflicts between Territorial
schools and those maintained by the
Bureau of Education.
BENEFIT DANCE NETS
GOOD SUM; MRS. TURNER
EXPRESSES HER THANKS
The benefit dance given at the A.
B. Hall for Airs. Turner netted the
sum of $213.85.
Mrs. Turner wants to thank all
who participated lin the affair. She
says: "I am glad, extremely so, of
the assistance given me. In Febru
ary. 1922, I was taken seriously ill.
On January. thi3 year. I fell and
broke my arm. I was just getting
hotter when the recent fire in my
lodging house came, the worse blow
of all. I lost eight rooms on the
top floor and rooms on the second j
floor were badly damaged by water. !
But I am going to stay right here in !
Juneau, the best place, and among
the finest people on earth- My best
thanks is extended to everyone who
made a success of the dance, to Mr.
Goldstein. Mr. Dyer. Mr. Reck. Roy
Nolan and the members cf the or
chestra. and all others -who assist?!
ne in any manner.”
3IG DUMP WAITS FOR SLUICING.
Big dumps wait the spring water
it Happy, according to R. T. Cos
gra’ve, mine owner, who recently
arrived at Fairbanks. He says the
winter work at Happy was very
satisfactory.
FOUNTAIN PENS
WATERMAN
PARKER
DUNN
KEYSTONE
EVERSHARP
For all around use we
recommend Parker’s
Duofold.
BRITT’S PHARMACY
The Rexall Store
PHONE 29
JUNEAU HIGH
DEBATES D, H.
FIRST ROUND
Drawing for Sides in Coming
Debate Is Held—Ket
chikan Draws “Bye.’
According to a provision in the
rules governing the events Of the
Southeftstern Alaska Inter-School
Meet the drawings for sides and op
ponents for tho first round debates
are made 10 days iprior to the first
debate.
Yesterday afternoon Supt. J. E.
IJanz. chairman, Board of Control,
called a special meeting at which
were present Superintendent Lanz,
Supt. Gordon C. Mitchell and Mr. L.
D. Henderson. Commissioner of Edu
cation. Both sides and opponents
were cho.-ien by lot with the result
that Juneau High 'School will debate
Douglas High School in the first
round. Juneau will uphold the nega
tive side of tho question. "Resolved,
That the United States Should Sub
sidize its Merchant Marine Handling
Foreign Trade,” and Douglas has the
affirmative. Ketchikan High School
is the only other high school repre
sented for debate and tills school
drew the “bye."
The plan adopted Was that the los
ers of the first round will debate
the team drawing the "bye,” both
teams to dra/w for sides which they
are to debate. The winner of the
second round will then debate the'
winner of the first round in the final
debate, both teams again drawing for'
yldes of the question. It is planned
that all debates wlill be held in Elks’
Hall with the possible exception of
the final donate.
From aU reports received by
THE CABARET
IS THE BIG
ATTRACTION
A. B. Hall
Tonight
Space donated by
BUTLER-MAURO DRUG
COMPANY
96 Front St. Juueau, Alaska
Superintendent Danz all schools <4r4
working hard with theLr teams and
very keen competition is expected . in
all of the debates from the first
round to tihe final.
Alleged Slayer of Man
In Seattle Is Caught
SEATTLE, April 14— A man giv
ing his name as Frank Marsh was
arrested last night at El Paso, Tex
as, believed to be the man sought
for slayting George Marsh, taxicab
driver, on a lonely road between Se
attle and Tacoma on April 3. The
arrested man was driving a Cadillac
car similar to the one driven by
Marsh at the time of the murder anl
which disappeared.
The El Paso officials have identi
fied the car positively as the. one
Marsh was driving when slain. The
poisoner will be held pending com
pletion of arrangements to bring him
to Seattle for trial.
WINDHAM BAY OPEN;
FROZEN ALL WINTER
WINDHAM, April 10.—(Special
Correspondence.)—Windham Bay is
open once more after being frozen
five months and eight days.
The government trail which was
started last fall will prove a great
aid to the people here when It is
completed.
Old papers tor aaie n The Empire.
AllllllllllllllllliMiHlllllllllllllllllllllt.
iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiii
WE HAVE ON DISPLAY
A FINE ASSORTMENT OF
_ ’ ',/r ■
IMPORTED
Also received a new ship
ment of art goods, beads,
pendants and ear drops.
BINOCULARS
The Nugget Shop
R. SIMPSON, Manager.
I
Don’t Save
Your Sole
SHAKE A WICKED HOOF AT THE
CABARET DANCE TONIGHT
BENEFIT JUNEAU'S PLAYGROUND
Space donated by
Goldstein’s Emporium
JUNEAU’S STYLE CENTER
; \
* < ■
i • j.
" .''ll■ •; dj- f- ■ <• 1