The act of the Legislature of Alaska of April 26, 1913, so
amending § 43 of Title II of the Alaska Code of Criminal Procedure
enacted by Congress March 3, 1899, that several charges against any
person for similar offenses can properly be joined in one
indictment, was within the power delegated by Congress to the
legislature of Alaska by the Act of August 24, 1912.
The clause in § 3 of the Act of August 24, 1912, providing that
all laws theretofore passed by Congress establishing executive and
judicial departments in Alaska should continue until amended or
repealed by Congress, related to laws establishing such departments
and not merely regulating procedure, and the form of indictment was
open to amendment by the territorial legislature.
The facts, which involve the validity and construction of an act
of the Territorial Legislature of Alaska amending § 43 of Title II
of the Alaska Code of Civil Procedure so as to permit one
indictment for several offenses of the same class, are stated in
the opinion.
MR. JUSTICE PITNEY delivered the opinion of the Court.
The grand jury returned an indictment against defendant in error
containing three counts, charging him with as many different
violations of the criminal laws in force
Page 235 U. S. 277
in Alaska. He demurred upon the ground (among others) that more
than one crime was charged. The demurrer was sustained by the
district court upon this ground, and the case comes here under the
Criminal Appeals Act of March 2, 1907, 34 Stat. 1246, c. 2564. The
other grounds of the demurrer need not be further noticed.
By § 43 of title II. of the Act of Congress approved March 3,
1899 (Alaska Code of Criminal Procedure, 30 Stat. 1253, 1290, c.
429; Comp.Laws of Alaska § 2152), it was declared that
"the indictment must charge but one crime, and in one form only,
except that, where the crime may be committed by use of different
means, the indictment may allege the means in the alternative."
And by § 90 of the same Code (30 Stat. 1294, c. 429; Comp.Laws
of Alaska, § 2199), the defendant was entitled to demur where more
than one crime was charged. But by an Act of the Legislature of
Alaska approved April 26, 1913 (Sess.Laws, p. 65), it was enacted
that § 43 of Title II of the act just mentioned should be amended
to read (like § 1024, Rev.Stat.) as follows:
"When there are several charges against any person for the same
act or transaction, or for two or more acts or transactions
connected together, or for two or more acts or transactions of the
same class of crimes or offenses, which may be properly joined,
instead of having several indictments, the whole may be joined in
one indictment in separate counts, and if two or more indictments
are found in such cases, the court may order them to be
consolidated."
The sole question presented for decision is whether this act of
the territorial legislature was efficacious to amend the act of
Congress. In
Summers v. United States, 231 U. S.
92,
231 U. S. 105,
the validity of the territorial act was assumed, but no question
had been raised about it.
Local powers of legislation were first conferred upon Alaska by
Act of Congress of August 24, 1912, 37
Page 235 U. S. 278
Stat. 512, c. 387, of which the most pertinent clauses are set
forth in the margin. [
Footnote
1] The scope of the authority of the
Page 235 U. S. 279
territorial legislature, so far as the present question is
concerned, depends especially upon the true intent and meaning of
the clause contained in § 3,
"that all the laws of the United States heretofore passed,
establishing the executive and judicial departments in Alaska,
shall continue in full force and effect until amended or repealed
by act of Congress."
In order to determine what laws were by this language preserved
from interference at the hands of the local legislature, a brief
review is necessary.
The territory in question having been ceded to the United States
by the Emperor of Russia by treaty of March 30, 1867 (15 Stat.
539), Congress, in the following year extended to it certain of the
laws of the United States at the same time enacting that, until
otherwise provided, violations of the act should be prosecuted in
any district court of the United States in California or Oregon or
in the district courts of Washington (Act of July 27, 1868, 15
Stat. 240, 241, c. 273, § 7). By Act of May 17, 1884, entitled, "An
Act Providing a Civil Government for Alaska" (23 Stat. 24, c. 53),
the territory was declared to constitute a civil and judicial
district; the appointment of a governor with executive authority
was provided for, and by the third section it was enacted:
"There shall be, and hereby is, established a district court for
said district, with the civil and criminal jurisdiction of district
courts of the United States, and the civil and criminal
jurisdiction of district courts of the United States exercising the
jurisdiction of circuit courts, and such other jurisdiction, not
inconsistent with this act, as may be established by law."
Provision was made for the appointment of a district judge and
four commissioners, whose
Page 235 U. S. 280
jurisdiction and powers were prescribed, and for appellate
review.
But the Act of March 3, 1899, already mentioned (30 Stat. 1253,
c. 429), Congress provided an elaborate Criminal Code and Code of
Criminal Procedure, of which Title I contains 219 sections,
defining crimes and offenses and providing for their punishment,
and Title II contains 481 sections, dealing for the most part with
proceedings for the punishment and prevention of the crimes defined
in Title I. By Act of June 6, 1900, entitled, "An Act Making
Further Provision for a Civil government for Alaska, and for Other
Purposes" (31 Stat. 321, c. 786), further provision was made, under
Title I, for the establishment of the executive and judicial
departments in the territory. [
Footnote 2] Title II contains 1,048 sections, constituting
a Code of Civil Procedure (31 Stat. 333-494, c. 786; Comp.Laws of
Alaska, §§ 378-638). Title III contains 368 sections, and is called
the Civil Code (31 Stat. 494-552, c. 786; Comp.Laws of Alaska, §§
277-362). In the Code of Civil Procedure, a chapter (31 Stat. 442,
c. 786, §§ 698
et seq.) is devoted to the courts of
justice, and contains sections prescribing their jurisdiction,
powers, and authority. By an Act approved March 3, 1909 (35 Stat.
839, c. 209, § 2), the Act of 1900 was amended with respect to the
jurisdiction of the district court.
As already remarked, legislative power was first conferred upon
the territory by the Act of August 24, 1912 (37 Stat. 512, c. 387).
From the provision of this act
Page 235 U. S. 281
"[t]hat all the laws of the United States heretofore passed,
establishing the executive and judicial departments in Alaska,
shall continue in full force and effect until amended or repealed
by act of Congress,"
the district court, after a review of the other legislation to
which attention has been called, drew the conclusion that the laws
concerning procedure in actions prosecuted in the name of the
United States and by its officers are an essential and integral
part of the laws establishing the executive and judicial
departments, and that therefore these can be amended or repealed
only by act of Congress.
With this view we are unable to concur. It seems to us that, by
the language employed, Congress intended to draw a clear
distinction between those laws by which the executive and judicial
departments had been established in the territory and those minor
regulations that had to do with practice and procedure. Those
enactments by which Congress had provided for the appointment of
executive and judicial officers for the territory, and had marked
out the powers, authority, and jurisdiction of each, and provided
safeguards for their maintenance, are properly within the category
of laws "establishing" those departments. These laws, and not those
merely regulating the procedure, were by the Act of 1912 continued
in force until amended or repealed by act of Congress. The section
respecting the form of indictments was open to amendment by the
territorial legislature, and the Act of April 26, 1913, passed for
that purpose, is therefore valid.
Judgment reversed, and the cause remanded for further
proceedings in accordance with this opinion.
MR. JUSTICE McREYNOLDS took no part in the consideration or
decision of this case.
[
Footnote 1]
"An Act to Create a Legislative Assembly in the Territory of
Alaska, to Confer Legislative Powers Thereon, and for Other
Purposes."
"
* * * *"
"SEC. 3. CONSTITUTION AND LAWS OF UNITED STATES EXTENDED. --
That the Constitution of the United States, and all the laws
thereof which are not locally inapplicable, shall have the same
force and effect within the said territory as elsewhere in the
United States; that all the laws of the United States heretofore
passed establishing the executive and judicial departments in
Alaska shall continue in full force and effect until amended or
repealed by act of Congress; that, except as herein provided, all
laws now in force in Alaska shall continue in full force and effect
until altered, amended, or repealed by Congress or by the
legislature:
Provided, That the authority herein granted
to the legislature to alter, amend, modify, and repeal laws in
force in Alaska shall not extend to the customs, internal revenue,
postal, or other general laws of the United States, or to the game,
fish, and fur seal laws and laws relating to fur-bearing animals of
the United States applicable to Alaska, or to the laws of the
United States providing for taxes on business and trade, or to the
act entitled, 'An Act to Provide for the Construction and
Maintenance of Roads, the Establishment and Maintenance of Schools,
and the Care and Support of Insane Persons in the District of
Alaska, and for Other Purposes,' approved January twenty-seventh,
nineteen hundred and five, and the several acts amendatory thereof:
Provided further, That this provision shall not operate to
prevent the legislature from imposing other and additional taxes or
licenses. And the legislature shall pass no law depriving the
judges and officers of the District Court of Alaska of any
authority, jurisdiction, or function exercised by like judges or
officers of district courts of the United States."
"SEC. 4. THE LEGISLATURE. -- That the legislative power and
authority of said territory shall be vested in a legislature, which
shall consist of a senate and a house of representatives."
"
* * * *"
"SEC. 9. LEGISLATIVE POWER LIMITATIONS.-- The legislative power
of the territory shall extend to all rightful subjects of
legislation not inconsistent with the Constitution and laws of the
United States, but no law shall be passed interfering with the
primary disposal of the soil [here follow numerous express
limitations none of which has reference to the present
subject]."
"
* * * *"
"SEC. 20. LAWS SHALL BE SUBMITTED TO CONGRESS. -- That all laws
passed by the Legislature of the Territory of Alaska shall be
submitted to the Congress by the President of the United States,
and, if disapproved by Congress, they shall be null and of no
effect."
[
Footnote 2]
"An Act Making Further Provision for a Civil government for
Alaska, and for Other Purposes."
"
* * * *"
"SEC. 4. There is hereby established a district court for the
district, which shall be a court of general jurisdiction in civil,
criminal, equity, and admiralty cases, and three district judges
shall be appointed for the district, who shall, during their terms
of office, reside in the divisions of the district to which they
may be respectively assigned by the President. . . ."