Territory of Alaska v. Alaska Juneau Gold Mining Co.

I dissent. The majority’s construction of the act and amendment seems a technical straining to strike down a beneficent legislative enactment instead of a performance of our obligation to find it valid if it may be so found by the use of both formal logic and a liberal interpretation of facts judicially noticeable. It is my impression that the majority’s reasoning was outmoded a quarter of a century ago even in the states which had developed to the highest degree their overrefinement of technicality.

*566Briefly summarized, it is my opinion that, considered in the light of our obligation, the act…