Starklof

This is an appeal from an order made in a habeas corpus proceeding remanding the petitioner to custody for imprisonment in the federal jail at Ketchikan, Alaska, to serve a sentence of 150 days imposed by J. A. Peters, United States Commissioner and ex officio justice of the peace in and for Craig Precinct, First Division, Territory of Alaska. The' sole question involved is the jurisdiction of the justice of the peace.

The petitioner was charged in a complaint filed before the justice with the possession of 57 unsealed beaver skins in violation of the Alaska game law ( 43 Stat. 739 , 46 Stat. *814 1111 , 48 U.S.C.A. § 192 et seq.). To this count of the complaint appellant pleaded guilty and was sentenced to be confined for 150 days. On the other count he was adjudged guilty and sentenced to pay a fine of $300 to the United States. This count was not involved upon the habeas corpus proceeding and for that reason will be ignored in a discussion of the case.

The petitioner contends that although a United States Commissioner acting as ex officio justice of the peace has jurisdiction of misdemeanors, that this jurisdiction does not extend to misdemeanors defined by an act of…