Sulzer v. Smith
District Court, D. Alaska
The complaint in this suit alleges in substance: (1) That the Tongass Forest Reserve is, and was at all times in the complaint mentioned, situated wholly within the First division of Alaska.
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The complaint in this suit alleges in substance: (1) That the Tongass Forest Reserve is, and was at all times in the complaint mentioned, situated wholly within the First division of Alaska. That at the time of filing the complaint there had accumulated from the sale of government timber situated in such reserve a certain sum, 25 per centum of which was $52,968.17. (2) That by the act of Congress approved May 23, 1908, it was provided: “That hereafter twenty-five per centum of all money received from each forest reserve during any fiscal year, including the year ending June 30, 1908, shall be…
1Opinion of the Court
JENNINGS, District Judge.
To this complaint a demurrer has been interposed on the following grounds:(1) Plaintiffs have no capacity to maintain this suit.(2) The complaint does not state facts sufficient to constitute a cause of suit.
In support of the demurrer it is urged that there are no counties in Alaska, or rather that all Alaska must be taken as a county, and therefore that the disposal of the fund was entirely in the discretion of the Legislature. In support of the complaint it is urged that, although there are no subdivisions in Alaska by the name of counties, yet the judicial…
2Cases cited13 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Cooper v. RobertsSupreme Court of the United States · 1856
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- State v. LordOregon Supreme Court · 1896
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
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