Barrack

This is an appeal by the town of Fairbanks, Alaska, from a decree of the District Court for Alaska, setting aside an order of the United States commissioner and ex officio recorder for Fairbanks precinct, for annexation of certain territory contiguous to the town of Fairbanks, and dismissing the petitioner of the town for annexation. It appearing that the value of the subject-matter exceeds $500, the motion to dismiss the appeal is denied.

In its petition filed with the United States commissioner, after averring jurisdictional matters, the town set up that the territory sought to be annexed had been receiving such benefits as the school system, fire protection, and tele *122 phone service without bearing any portion of the cost, and that the interests of all concerned would be served tjy the proposed annexation. Appellees and others, residents of Garden Island and the owners of substantial property interests thereon, filed a notice of protest to the annexation, specifying objections to the jurisdiction of the commissioner and to the validity of chapter 47 of the laws of Alaska of 1921. The commissioner overruled the objections to his jurisdiction, and found that the necessary…