Sulzer v. Smith

Citations

• 5 Alaska 338

Syllabus

<p>‘ 1. Woods and Forests <&wkey;8—Territories—Distribution or Funds.</p> <p>There is no county organization in Alaska, but Congress has divided the territory into four judicial divisions, which were later recognized as legislative districts. The Tongass Forest Reservation lies wholly within division No. 1. By the act of Congress approved May 23, 1908,i it was provided: “That hereafter twenty-five per centum of all money received from each forest reserve during any fiscal year, including the year ending June 30, 1908, shall be paid at the end thereof by the Secretary of the Treasury to the state or territory in which such reserve is situated, to be expended as the state or territorial Legislature may prescribe for the benefit of .the public schools and public roads of the county or counties in which the forest reserve is situated.” The Secretary of the Treasury paid to the treasurer of Alaska $52,968 under this act, and the Legislature passed an act dividing it equally to the four divisions of Alaska for the uses prescribed by the act of Congress. Plaintiffs are members of the Legislature residing in the First division, and brought this suit to restrain the treasurer from diverting any of the fund to the benefit of roads or schools in any division other than the First, On demurrer, held, that plaintiffs have no capacity to maintain this suit; that the complaint does not state facts sufficient to constitute a cause of action.</p> <p>2. Woods and Forests <&wkey;8—Distribution of Funds—Injunction —Parties—United States.</p> <p>Where Congress makes provision for the use of a fund raised from the sale of timber from forest reserves in Alaska, and authorizes that it be expended as the Legislature may prescribe for the benefit of the public schools and public roads of the vicinity where the fund was raised, if the Legislature does not so apply it, no one can complain but the donor; i. e., the United States. The trust expressed is personal to the United States, and can only