Patterson

This is an appeal from a judgment releasing from custody the petitioner in a proceeding upon the writ of habeas corpus. The case is here on the following statement taken from appellants’ opening brief which adequately states the facts and explains the controversy. A phase of this case was here before, Patterson v. Jones, 9 Cir., 141 F.2d 319 , 10 Alaska 376 . We adhere to our conclusions expressed in our former opinion which need not be restated in this opinion.

*400 “October 17, 1942, appellee filed a petition for a writ of habeas corpus in the District Court of the United States for the Territory of Alaska, Third Division, alleging that he was illegally restrained from his liberty under a judgment sentencing him to imprisonment for six months, entered against him on October 15, 1942, in the United States Commissioner’s Court of the Precinct of Anchorage, Alaska, Third Division; that the judgment was based upon his conviction for the crime of maintaining a gambling place contrary to Section 3, Chapter 56, of the Session Laws of Alaska, 1919; 1 and that that statute is void as having been passed by the legislature of the Territory of Alaska in violation of Section 9 of the 1912…