Demmert

Demmert v. Smith

Good Law
5 Alaska Fed. 829·82 F.2d 950·1936 U.S. App. LEXIS 3158
United States Court of Appeals for the Ninth CircuitApril 6, 1936No. 7781California1,405 words

Opinion

Lead Opinion

Wilbur, J.

As a taxpayer of the Territory of Alaska, the appellant brought this suit for the purpose of enjoining defendant, Walstein G.' Smith, Territorial Treasurer of the Ter: ritory of Alaska, from disposing of certain public moneys under and in pursuance of certain appropriations of the Legislature of the territory in a special appropriation bill, for the care of dependent children and their mothers, and other incidental expenses of $90,000; of $185,000 for certain aged residents as provided by law; of $20,000 for the relief of destitution; and $45,000 for the relief of the needy and indigent (chapter 119, Session Laws of Alaska 1933, p. 241). These appropriations were to be expended in accordance with chapter 65, § 26, Session Laws of Alaska 1929, as amended by chapter 89, Session Laws of Alaska 1933. The law making these appropriations' is attacked upon the ground that it is not within the legislative power of the Legislature of Alaska, and is in violation of' the laws of the United States, particularly 8 U.S.C.A. §§■ 41, 42, U.S.R.S. §§ 1977, 1978, concerning the rights ofcitizens of the territory to the full benefit and equal protection “of all laws and proceedings for the security…

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