Currier v. Mihalcik

Citations

• 5 Alaska 251

Syllabus

<p>Territories &wkey;>20—Legislative Limitations—Process—Statutes —Summons.</p> <p>Congress provided in the act of June 6, 1900 (31 Stat. 339, c. 786, § 45), that summons in civil actions in Alaska “shall be served by the marshal or any deputy or by a person specially appointed by him or by the court or judge thereof.” The Legislature of Alaska (Session Laws 1913, p. 29), amended that section by providing that summons might also be served “by any person over the age of twenty-one years who is competent to be a witness in the action.” In the organic act (Aug. 24, 1912, c. 387, 37 Stat. 512), creating the Legislature, its powers were limited by Congress by a proviso in section 3 (U. S. Comp. St. 1916, §. 3530): “And the Legislature shall pass no law depriving the judges and officers of the district court of Alaska of any authority4 jurisdiction, or function exercised by like judges or officers of district courts of the United States.” Held, the amendatory act of 1913, so passed by the Legislature of Alaska, is not in conflict with the organic act, and is valid.</p> <p>(See Ivory, Adm’r, ,v. Nome Consol. Dredging Co., page -, post, where the court in the Second division holds contrary.)</p> <p><@^See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>