Rooney

The parties will be designated as in the court below.

It is assigned as error that in the impanelment of the jury in the court below a challenge for cause interposed by plaintiffs to Juror John Derby was denied. The objection to the juror was that he was not an inhabitant of the district of Alaska, as required by section 170, c. 16, of the “Act making further provision for a civil government for Alaska and for other purposes,” approved June 6, 1900 ( 31 Stat. 321 , 358, c. 786), and section 11, c. 4, of the “Act to define and punish criminals in the district of Alaska and to provide a Code of Criminal Procedure for said district,” approved March 3, 1899 ( 30 Stat. 1253 , *887 1286, c. 429). Derby testified that he was an inhabitant of the district of Alaska; that he had resided in Alaska for the past five years; that his business was that of a purser on boats running on the Yukon river. He was employed at an annual salary, but the boats were only engaged in the business for six or seven months during the summer. During the remainder of the year the business was shut down on account of the ice. He was in Alaska during the winter of 190S and 1906. • He voted in Alaska during that…