Bowden

The United States appeals from a judgment dismissing its complaint as not stating a cause of action for the ouster from office of the mayor, common councilmen, the school board and a member of the Utilities Board of the city of Anchorage, Territory of Alaska.

The complaint alleges that at a general municipal election held in that city on April 1, 1947, there were 1738 ballots cast for the candidates for these offices, that 653 persons cast their votes at the election without being registered under that city’s Ordinance No. 51 providing for a registration of voters during a period commencing 60 days prior to an ensuing election and ending on the last Saturday prior thereto, and further providing that:

The District Court’s opinion states that this provision of Ordinance 51 is “unconstitutional” without stating the provision of the constitution it considered violated. It also states that an earlier city Ordinance 17 still controlled in determining the right of a citizen to vote. That ordinance permitted the voting of a person challenged at the election, if he sign the "following affidavit: “I --do solemnly swear (or affirm) that I am qualified and entitled to vote at this Municipal…