Richard A. Woodring v. United States

Someone is guilty of “holding up” the Airport Road Branch of the Alaska National Bank of Fairbanks on the afternoon of January 12, 1959, and escaping with about fourteen thousand dollars in cash. Woodring, under one indictment has been found guilty of several offenses in connection with that occurrence. The direct evidence was weak of Wood-ring’s guilt, but there was probably enough circumstantial evidence to support the jury verdict. However, we do not reach that question because of our view of the threshold jurisdictional question.

The executive proclamation 1 pursuant to the Enabling Act 2 of July 7, 1968, establishing Alaska as the 49th State of the Union, was issued and effective January 3, 1959, nine days before the robbery.

By Section 18 3 of the Enabling Act, the old federal territorial court and its four *309 divisions were continued for a period of three years subject to earlier termination on conditions. Deeming the conditions met, the President on February 20,1960, by proclamation, 4 terminated the federal territorial court, a year, one month and 17 days after statehood.

The trouble here starts with Woodring being indicted- in the territorial district court, fourth…

I respectfully dissent.

When Alaska became the 49th State of the Union on January 3, 1959, there were no state courts ready to perform judicial functions. Furthermore, on that date Alaska ceased to be a territory of the United States, and the new United States District Court for the State of Alaska was likewise not ready to perform its functions. Strictly speaking, the former United States District Court for the Territory of Alaska could no longer exist without there being a territory. See Benner v. Potter, 9 How. 235 , 50 U.S. 235 , 13 L.Ed. 119 (1850); Parker v. McCarrey, 268 F.2d 907 (9th Cir. 1960). Nevertheless, Congress foresaw the existence of an interim period between the time when Alaska became a state and the time when its courts and the new federal district court could operate. In order to alleviate the difficulties inherent in a situation where there would be no courts Congress created a special court to perform judicial functions during the interim period. Hereinafter this special court will be called the "interim court”.

The interim court was created by section 18 of the Alaska Statehood Act, 72 Stat. 339 (1958):

From a reading of section 18 it is readily apparent…

304 F.2d 308 Richard A. WOODRING, Appellant, v. UNITED STATES of America, Appellee. No. 17094. United States Court of Appeals Ninth Circuit. June 7, 1962. Rehearing Denied July 24, 1962. Eugene R. Belland and Eugene V. Miller, Fairbanks, Alaska, and Thomas G. Hanlon, Tulsa, Okl., for appellant. Warren C. Colver, U. S. Atty., James R. Clouse, Jr., and Howard Haskins, Jr., Asst. U. S. Attys., Anchorage, Alaska, for appellee. Before CHAMBERS, HAMLIN and KOELSCH, Circuit Judges. CHAMBERS, Circuit Judge. 1 Someone is guilty of "holding up" the Airport Road Branch of the Alaska National Bank of Fairbanks on the afternoon of January 12, 1959, and escaping with about fourteen thousand dollars in cash. Woodring, under one indictment has been found guilty of several offenses in connection with that occurrence. The direct evidence was weak of Woodring's guilt, but there was probably enough circumstantial evidence to support the jury verdict. However, we do not reach that question because of our view of the threshold jurisdictional question. 2 The executive proclamation 1 pursuant to the Enabling Act 2 of July 7, 1958, establishing Alaska as the 49th State of the Union, was issued and…