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An obligation incurred for services rendered by a railroad hospital constitutes a debt due the United States, action for the collection of which is not barred by the statute of limitations of the Territory.

57-12

Declarants holding first citizenship papers are not excluded from fishing in Alaskan waters under the act of June 25, 1938 (52 Stat. 1174, 48 U.S.C.A. 243), amending section 1 of the act of June 14, 1906 (34 Stat. 263). 57-290

Since the Governor and the Secretary of the Territory of Alaska are appointed by the President, by and with the advice and consent of the Senate, and since their salaries are paid from the Federal Treasury, they must be regarded as employed in "administrative" positions "by the United States" and hence subject to the prohibition in section 2 of the Hatch Act (53 Stat. 1147, as amended) against the use of "official authority for the purpose of interfering with, or affecting, the election or the nomination of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner from any Territory or insular possession." 58-407

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The Governor and the Secretary of the Territory of Alaska, while employed in the executive branch, are not to be regarded as employed in the executive branch of the Federal Government, within the meaning of section 9(a) of the Hatch Act (53 Stat. 1147, as amended) forbidding officers and employees thereof to "official authority or influence for the purpose of interfering with an election or affecting the result thereof," or to take "any active part in political management or in political campaigns," since (1) the context of the entire section reflects an intention to exclude policy-making positions, and (2) reference to subsequent enactments indicates a legislative recognition that Territorial officers theretofore had been unaffected by the act. 58-407

In the absence of specific statutory authority, a proposed arrangement whereby the Alaska Road Commission would sell groceries and supplies from its warehouse

stocks to its employees for their personal use is forbidden. 59-363

The Secretary of the Interior is authorized by the Indian Delegation Act to delegate to the Commissioner of Indian Affairs the Secretary's power concerning the approval under section 2103, Revised Statutes, of contracts between unorganized Indian tribes and attorneys. 60-142

The provisions of 5 U.S.C. 56, prescribing limitations with respect to the payment of salary to a "recess appointee" are inapplicable to a situation in which the incumbent of the position of the Governor of Alaska "holds over" until his successor is appointed and qualified. 60-157

When an Alaska homestead entry is allowed prior to Aug. 10, 1949 (Public Land Order 601, 14 F.R. 5048) in justifiable ignorance of the fact that it is bisected by a highway right-of-way reservation, the entryman, when he submits final proof, should not be required to select one of the two portions of land into which the tract is divided, and relinquish the other, but should be issued a patent to the entire tract, exclusive only of the land covered by the highway reservation. 60-447

II. ALASKA RAILROAD

Neither the provision in the Alaska Railroad Act of Mar. 12, 1914, authorizing the withdrawal of lands along the line of the road for town site purposes nor the Executive order under which the withdrawal for the Anchorage town site was made contained any specific reference to airports or aviation fields, and where lands withdrawn pursuant to the Executive order were patented to the city of Anchorage for airport purposes such conveyance was based upon the implied authority derived from the term "for other public purposes" contained in the order of withdrawal. 54-58

Authority for the construction and operation of hospitals by the Alaska Railroad was contained in the act of Mar. 14, 1912 (38 Stat. 305). An Alaska Railroad hospital is a United States institution. An obligation incurred for services rendered by a railroad hospital constitutes a debt due the United States, action for the

collection of which is not barred by the statute of limitations of the Territory of Alaska. 57-12

III. ALASKA ROAD COMMISSION

The act of June 30, 1932 (47 Stat. 446), which transferred to the Secretary of the Interior all of the authority theretofore conferred upon the Board of Road Commissioners in Alaska and the Secretary of War relating to the construction and maintenance of roads and trails in that Territory, carried with the transfer authority to anticipate the appropriations for the supervision of that activity to the extent and under the conditions stated in the act of Feb. 12, 1925 (43 Stat. 930).

54-125

The act of June 30, 1932 (47 Stat. 446), contains no express provision under which transfer of any of the funds appropriated for the Alaska Road Commission may be made to the appropriation for national park roads within a national park.

54-211

From the terms of the act of Feb. 17 1933 (47 Stat. 820), making appropriation for the Alaska Road Commission for the fiscal year 1934, it is clear that no portion of the funds thereby made available may be used for maintenance work on a road within a national park in Alaska, since such funds are required to be expended under the provisions of the act of June 30, 1932 (47 Stat. 446), the terms of which are not intended to apply to roads within national parks, nor to relate to the use of appropriations specifically made for the construction and maintenance of roads within national parks.

54-211

The projects of the Alaska Road Commission and the roads and trails in national parks are included in the general classes enumerated as "public works" in the act of Mar. 20, 1933 (48 Stat. 8), continuing in force section 317 of the Economy Act, approved June 30, 1932 (47 Stat. 382, 411), which section provided, with certain qualifications, that "not to exceed 12 per centum of any appropriation for an executive department *** may be transferred, with the approval of the Director of the Budget, to any other appropriation

* under the same department, to be used for public works." Such legislation

would seem to supply authorization for transfer to the appropriation for roads and trails in national parks some portion of the sum appropriated for the Department of the Interior for the fiscal year 1934. 54-211

IV. COAL LEASES AND PERMITS

In the absence of a showing of a need for coking and blacksmithing coal as would justify the expenditures incident to the opening and equipping of a new mine in Alaska, it was proper to reject an application for a coal lease. 60-293

The issuance of leases on the unreserved coal lands and coal deposits in Alaska is within the discretion of the Secretary of the Interior. 60-293

A coal prospecting permit may be issued on unclaimed land within the limits of the Nenana coal field, Alaska, if such land is undeveloped from the standpoint of coal production and if prospecting or exploratory work on the land is necessary to determine the existence or workability of coal deposits on the land. 60-515

Congress has not placed all land within the limits of the Nenana coal field, Alaska, outside the scope of the provisions of law relating to the issuance of coal prospecting permits on Alaskan land.

60-515

The determination by a bureau official, under a delegation of authority from the Secretary, that prospecting or exploratory work is necessary to determine the workability of coal deposits on an unclaimed, undeveloped area of public land involves an exercise of judgment, and an interested party who wishes the head of the Department to reverse such a determination must take timely action to bring the matter to the attention of the head of the Department. 60-516

Where a party protested against favorable action being taken by the Bureau of Land Management on an application from another person for a coal prospecting permit on an area of unclaimed, undeveloped land, and the protest was dismissed and the prospecting permit was issued because it was believed within the Bureau that prospecting work was necessary to determine the workability of coal deposits on the land, and no appeal from such actions was taken by the protestant to the head

of the Department within the time allowed him for that purpose, the discretionary Bureau actions became final. 60-516

Where the holder of a coal prospecting permit, as the result of prospecting work done on the land covered by the permit, has demonstrated that the land contains coal in commercial quantities and has submitted an application for a preferenceright coal lease on the land, the longestablished policy of the Department permits the applicant to begin the commercial mining of coal from the land without awaiting the actual issuance of a lease to him. 60-516

Where the holder of a valid coal prospecting permit has complied with its terms and has demonstrated through his prospecting work that the land contains coal in commercial quantities, he is entitled as a matter of law to a lease on the land covered by the permit. 60-516

V. FISH TRAPS

Pursuant to the authority in section 1 of the act of June 6, 1924 (43 Stat. 464), as amended by the act of June 18, 1926 (44 Stat. 752), the Secretary may issue regulations to limit the number of trap sites that may be occupied by any individual, corporation, concern or combination, and may limit the amount of fish that may be taken, by means of traps, by any individual, corporation, concern or combination. Such regulations are within the authority granted to regulate the extent of fishing and do not contravene the prohibition in the statute against the grant of an exclusive or several right in the maritime public domain. Similar regulations limiting the catch of the individual are commonly found and have been considered by the courts as a proper exercise of the conservation power. However, a regulation to allocate trap sites to individuals would be in conflict with the provision of the statute prohibiting the granting of any exclusive or several right of fishing and is therefore unauthorized.

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Instructions of Jan. 30, 1928, fur farming in Alaska. (Cir. No. 1108, 52 L.D. 27, amended.) 52-262

Married women are not excluded from the benefits of the Alaska fur farming act of July 3, 1926 (44 Stat. 821), but where both husband and wife seek leases under the act satisfactory proof should be required that each is acting solely on his or her separate account and not under any agreement or understanding with the other for joint operation. 52-569

Instructions of Mar. 19, 1929, fur farming in Alaska, Cir. No. 1108 (52 L.D. 27, 262) amended. (Cir. No. 1183.) 52-570 Instructions of June 1, 1932, fur farming in Alaska; rentals. Cir. Nos. 491 and 1108 (52 L.D. 27, 29), amended. 1271.)

(Cir. No. 53-674 Regulations of Sept. 2, 1933, governing fur farming in Alaska (Cir. No. 1312, superseding Cir. No. 1271 (June 1, 1932, 53 I.D. 674), and amending Cirs. Nos. 491 (50 L.D. 27) and 1108 (52 L.D. 27, 29)). 54-286

Section 10 of the act of May 14, 1898 (30 Stat. 413), authorized the purchase of a tract in Alaska for fox farming, and was not repealed either expressly or by implication by the act of July 3, 1926 (44 Stat. 821), making provision for the leasing of lands in Alaska for fox farming. 56-215

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VII. GOVERNOR

Since the Governor and the Secretary of the Territory of Alaska are appointed by the President, by and with the advice and consent of the Senate, and since their salaries are paid from the Federal Treasury, they must be regarded as employed "administrative" positions "by the United States" and hence subject to the prohibition in section 2 of the Hatch Act (53 Stat. 1147 as amended) against the use of "official authority for the purpose of interfering with, or affecting, the election or the nomination of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner from any Territory or insular possession."

58-407

The Governor and the Secretary of the Territory of Alaska, while employed in the

executive branch, are not to be regarded as employed in the executive branch of the Federal Government, within the meaning of section 9(a) of the Hatch Act (53 Stat. 1147, as amended), forbidding officers and employees thereof to use "official authority or influence for the purpose of interfering with an election or affecting the result thereof," or to take "any active part in political management or in political campaigns," since (1) the context of the entire section reflects an intention to exclude policymaking positions, and (2) reference to subsequent enactments indicates a legislative recognition that Territorial officers theretofore had been unaffected by the 58-407

act.

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Because of the express statutory provision that the Governor of Alaska "shall hold office for the term of four years and until his successor is appointed and qualified," the position of Governor of Alaska does not become vacant, nor does the authority of the incumbent to perform the duties of the position terminate, upon the expiration of the 4-year term for which the incumbent was appointed and confirmed. The authority of the incumbent to perform the duties and to receive the emoluments of the office continues until a successor has been appointed and qualified.

60-157

VIII. GRAZING Regulations of Jan. 7, 1928, leasing of lands in Alaska for grazing livestock. (Cir. No. 1138.) 52-245

Regulations of Dec. 2, 1929, leasing of lands in Alaska for grazing livestock. Paragraphs 4 and 5, Cir. No. 1138 (Jan. 7, 1928, 52 L.D. 245), amended. (Cir. No. 1203.) 52-729

IX. HEADQUARTERS SITES Instructions of Apr. 23, 1927, purchase of 5-acre tracts for homestead or head

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Instructions of Feb. 19, 1929, publication of proof notices in Alaska homestead cases. Paragraph 25, Cir. No. 491, Feb. 24, 1928 (unpublished) amended. (Cir. No. 1181.) 52-565

A settlement upon unsurveyed lands in the Territory of Alaska with a view to entry and purchase under the homestead laws creates no rights that will defeat a subsequent reservation in aid of the construction and operation of railroads in that Territory as authorized by the act of Mar. 12, 1914 (38 Stat. 305). 52-566

Section 3 of the act of July 8, 1916 (39 Stat. 352) as amended by the act of June 28, 1918 (40 Stat. 632), which amended the homestead law in its application to the Territory of Alaska, excepts from homestead settlement and entry such other lands as have been, or may be, reserved or withdrawn from settlement or entry. 52-566

Section 10 of the act of May 14, 1898 (30 Stat. 409) and the amendatory act of Mar. 3, 1927 (44 Stat. 1364), have no application to the allotment of homesteads to Indian or Eskimo occupants of public lands in the Territory of Alaska. 52-597

The act of May 17, 1906 (34 Stat. 197) does not prescribe that the settlement or occupancy of an Indian applicant thereunder must be continuous or that residence must be maintained on the land to the exclusion of a home elsewhere, nor does it require him to specify the character of his improvements or the purpose for which he desires the land allotted to him. 52-597

The act of May 17, 1906 (34 Stat. 197) is a special act relating to Alaskan natives and is separate and distinct from the act of May 14, 1898 (30 Stat. 409) which extended the homestead laws to the district of Alaska. 52-597

The status of an applicant under the act of May 17, 1906 (34 Stat. 197) relating

to the allotment of homesteads to the "natives" of Alaska is analogous to that of the Indians of the United States with respect to allotments under section 4 of the act of Feb. 8, 1887 (24 Stat. 388). 52-597

The Secretary of the Interior has the discretionary authority to allow an allotment under the act of May 17, 1906 (34 Stat. 197) to an Alaskan native for any area of nonmineral land not exceeding 160 acres as may be sufficient for the needs of such native. 53-194

Regulations of Nov. 23, 1934, under Act of May 26, 1934 (48 Stat. 809), governing sale of tracts not exceeding five acres occupied as homesteads or headquarters. (Cir. No. 1342.) 55-117 Instructions of Mar. 9, 1935, governing disposal and leasing of lands in Alaska. (Cir. No. 1349.)

55-227

Section 2 of the act of July 8, 1916 (39 Stat. 352), amending the homestead law in its application to Alaska and for other purposes, providing for a free survey, is applicable only to homestead entries and to settlements made with a view to such entries on land properly subject to homestead entry. 56-239 Section 2258, Revised Statutes, inhibiting homestead entry upon lands "actually settled and occupied for the purpose of trade or business," was repealed by the act of Mar. 3, 1891 (26 Stat. 1097, U.S.C., Title 43, sec. 161), and no similar inhibition appears in the present homestead law. Section 2290, Revised Statutes, however, requires an affidavit by an applicant for homestead entry that it is "honestly and in good faith made for the purpose of actual settlement and cultivation." The homestead law, therefore, does not contemplate that the right of entry shall be exercised by one who makes settlement primarily and chiefly for trade and business and not for agricultural purposes. 56-239 Two years from the date of the issuance of the register's receipt upon the final entry of any tract of land under the homestead laws, the entryman is entitled to receive a patent without regard to whether a final certificate has been issued. The running of the 2-year period may be tolled, however, if within that time the entryman has received notice of a protest and appeared to seek its dismissal, even though

the trial of the protest is not commenced within the 2-year period. 59-458

When an Alaska homestead entry is allowed prior to Aug. 10, 1949 (Public Land Order 601, 14 F.R. 5048) in justifiable ignorance of the fact that it is bisected by a highway right-of-way reservation, the entryman, when he submits final proof, should not be required to select one of the two portions of land into which the tract is divided, and relinquish the other, but should be issued a patent to the entire tract, exclusive only of the land covered by the highway reservation. 60-447

XII. INDIAN AND NATIVE AFFAIRS

Section 10 of the act of May 14, 1898 (30 Stat. 409) and the amendatory act of Mar. 3, 1927 (44 Stat. 1364) have no application to the allotment of homesteads to Indian or Eskimo occupants of public lands in the Territory of Alaska. 52-597

The act of May 7, 1906 (34 Stat. 197) is a special act relating to Alaskan natives and is separate and distinct from the act of May 14, 1898 (30 Stat. 409) which extended the homestead laws to the district of Alaska. 52-597

The act of May 17, 1906 (34 Stat. 197) does not prescribe that the settlement or occupancy of an Indian applicant thereunder must be continuous or that residence must be maintained on the land to the exclusion of a home elsewhere, nor does it require him to specify the character of his improvements or the purpose for which he desires the land allotted to him. 52-597

The status of an applicant under the act of May 17, 1906 (34 Stat. 197) relating to the allotment of homesteads to the "natives" of Alaska is analogous to that of the Indians of the United States with respect to allotments under section 4 of the act of Feb. 8, 1887 (24 Stat. 388). 52-597

Except as specified in contracts with apprentices, the sale of male reindeer owned by the natives of Alaska is without restriction, but female reindeer may be disposed of only upon the written approval of the general supervisor of the Alaska Reindeer Service. 53-71

The Governor of Alaska, as ex-officio commissioner of that Territory, has the power to regulate relative to the sale of

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