A. B. Phillips, Executive Director Employment Security Commission of Alaska v. Fidalgo Island Packing Co., Clara Wilson, Intervenor

This is an extremely confusing case in which appeal is taken from the judgment of the District Court of the District of Alaska, holding an administrative order null and void for lack of jurisdiction on the part of the Territorial employee who purported to promulgate it. The court issued an injunction against enforcement. 120 F.Supp. 777 .

Fidalgo Island Packing Co., an employer of labor in the fishing industry of Alaska, and the Intervenor, one Clara Wilson, who claimed to be an employee in that industry, obtained a permanent injunction against the enforcement of the purported Amended Regulation No. 10. This regulation attempted to specify seasonable periods during which benefits would be payable to eligible beneficiaries for unemployment occurring within the benefit year, out of the Employment Security Fund established by the Territorial Legislature. This Amended Regulation was supposedly issued by and under the authority of the Employers Security Commission which was no longer in existence at the date of the issuance thereof.

The trial court found that the Packing Company and the Intervenor were entitled to represent the employers and em ployees in the industry and that the…