Town of Fairbanks, Alaska v. United States Smelting, Refining & Mining Co., Inc.

This is an appeal by the town of Fairbanks, Alaska, from a judgment dismissing its petition for the annexation of an area of contiguous lands.

The statute, § 16-1-22, Alaska Compiled Laws Annotated 1949, provides that when the council of a city desires to annex contiguous territory, it shall file in the court “a petition signed by a majority of the owners of substantial property interests in land or possessory rights in land” within the limits of the territory proposed to be annexed. The number of owners of such property is required to be stated in the petition or on an attached plat. There is a further provision, added to the original annexation statute by way of amendment in 1947, reading: “Those owners of land within the limits of the territory sought to be annexed who have filed a statement of their ownership in the United States General Land Office for the District in which the land is situate, in compliance with Chapter 49 of the Session Laws of Alaska, 1945, shall be presumed to be the owners of substantial property interests in land or pos-sessory rights in land, tidelands or improvements upon land or tidelands within the limits of the territory proposed and sought to be…

(dissenting).

The court’s opinion, in determining the legislative intent in providing for the enlargement of incorporated areas, fails to consider the absence of police protection in outlying Alaska homes confirmed in our judicial knowledge by the Alaska judiciary attending our circuit conference. It further ignores the fact that the annexation statute also has the purpose of bringing the adjoining areas under the Town’s taxation.

More particularly, the court’s opinion fails to consider the earlier annexation proceeding by the Town of Fairbanks prior to the 1947 amendment, admitted by appel-lees so to have been litigated. That litigation makes it clear that the legislative purpose in creating the presumption is that "Those owners of land” who have registered "slwll he presumed to be the owners of substantial property interests” who arc entitled to vote in the annexation election. The opinion ignores the use of the article “the” in the phrase “the owners” as referring to the owners in the earlier portion of the Act to which the amendment was added. It would construe the amendment as if it had omitted the article “the” and is to be deemed to read “shall be presumed to be same of…

186 F.2d 126 13 Alaska 75 TOWN OF FAIRBANKS, ALASKA, v. UNITED STATES SMELTING, REFINING & MINING CO., Inc., et al. No. 12348. United States Court of Appeals Ninth Circuit. Nov. 27, 1950. Collins & Clasby, Chas. J. Clasby, all of Fairbanks, Alaska, for appellant. Southall R. Pfund, San Francisco, Cal. (Pillsbury, Madison & Sutro, Allan R. Moltzen, all of San Francisco, Cal., of counsel), for appellee U.S. Smelting, Refining & Mining Co. Julien A. Hurley, Fairbanks, Alaska, for appellee Slater. Before DENMAN, HEALY, and BONE, Circuit Judges. HEALY, Circuit Judge. 1 This is an appeal by the town of Fairbanks, Alaska, from a judgment dismissing its petition for the annexation of an area of contiguous lands. 2 The statute, Sec. 16-1-22, Alaska Compiled Laws Annotated 1949, provides that when the council of a city desires to annex contiguous territory, it shall file in the court 'a petition signed by a majority of the owners of substantial property interests in land or possessory rights in land' within the limits of the territory proposed to be annexed. The number of owners of such property is required to be stated in the petition or on an attached plat. There is a…