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Editorial
June 4, 1929
Seward Daily Gateway
Seward, Seward County, Alaska
What is this article about?
Editorial by Attorney Bob Hurley criticizes the Alaska Legislature for enacting an invalid law on appointing the Territorial auditor, violating the Organic Act's procedures. Highlights ongoing incompetence leading to legal chaos and expense, urging better education on the Act.
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HAYWIRE
LEGISLATION
Again the Alaska Legislature is "all wet", according
to Attorney Bob Hurley, who was employed as clerk
of the senate during the session just adjourned. With
three lawyer members of the two houses another ultra
vires law has been added to the 18 now known to be on
the statute books.
The law relates to the choosing of a Territorial
auditor, according to Mr. Hurley, who claims that the
legislature had no right to choose the incumbent of the
office for the initial biennium, but that the power lay
with the Governor to name the incumbent subject to
confirmation by the senate.
The entire question of creation of the office of aud-
itor appears to have been fuzzed because the legisla-
ture failed to adhere to the Organic Act providing for
procedure in such matters. As pointed out by Mr. Hur-
ley, there is no question as to the authority of the leg-
islature to create such an office. It lies more in the mode
of procedure.
It would be unfair to accuse the legislature of hav-
ing put over a trick on the friends of more extended
Territorial control, for neither the present or the pre-
vious legislature displayed qualities presaging such as-
tuteness. The previous session embroiled the Territory
in the Wickersham injunction proceedings by the per-
formance of acts for which it did not possess authority.
Now we may look for another muddle creating uncer-
tainty, chaos and possibly increased Territorial expense.
It would appear logical to have copies of the Or-
ganic Act struck off, and distributed among prospective
aspirants for legislative honors.
LEGISLATION
Again the Alaska Legislature is "all wet", according
to Attorney Bob Hurley, who was employed as clerk
of the senate during the session just adjourned. With
three lawyer members of the two houses another ultra
vires law has been added to the 18 now known to be on
the statute books.
The law relates to the choosing of a Territorial
auditor, according to Mr. Hurley, who claims that the
legislature had no right to choose the incumbent of the
office for the initial biennium, but that the power lay
with the Governor to name the incumbent subject to
confirmation by the senate.
The entire question of creation of the office of aud-
itor appears to have been fuzzed because the legisla-
ture failed to adhere to the Organic Act providing for
procedure in such matters. As pointed out by Mr. Hur-
ley, there is no question as to the authority of the leg-
islature to create such an office. It lies more in the mode
of procedure.
It would be unfair to accuse the legislature of hav-
ing put over a trick on the friends of more extended
Territorial control, for neither the present or the pre-
vious legislature displayed qualities presaging such as-
tuteness. The previous session embroiled the Territory
in the Wickersham injunction proceedings by the per-
formance of acts for which it did not possess authority.
Now we may look for another muddle creating uncer-
tainty, chaos and possibly increased Territorial expense.
It would appear logical to have copies of the Or-
ganic Act struck off, and distributed among prospective
aspirants for legislative honors.
What sub-type of article is it?
Constitutional
Legal Reform
What keywords are associated?
Alaska Legislature
Ultra Vires Law
Territorial Auditor
Organic Act
Legislative Procedure
What entities or persons were involved?
Alaska Legislature
Attorney Bob Hurley
Governor
Wickersham
Editorial Details
Primary Topic
Criticism Of Alaska Legislature's Ultra Vires Law On Territorial Auditor Appointment
Stance / Tone
Critical Of Legislative Incompetence
Key Figures
Alaska Legislature
Attorney Bob Hurley
Governor
Wickersham
Key Arguments
Legislature Passed Ultra Vires Law Adding To 18 Invalid Statutes
Legislature Lacked Authority To Choose Territorial Auditor For Initial Biennium; Power Belongs To Governor With Senate Confirmation
Failure To Adhere To Organic Act Procedure In Creating The Office
Previous Legislature Caused Issues Like Wickersham Injunction Through Unauthorized Acts
Suggests Distributing Copies Of Organic Act To Prospective Legislators