result.

(235 U. S. 276)

UNITED STATES, Plff. in Err.,

v.

JOHN WIGGER, alias Moose John.

TERRITORIES (§ 20°)-LEGISLATIVE POWERS - AMENDING CONGRESSIONAL LEGISLA

TION - CRIMINAL PROCEDURE "ESTABLISHING EXECUTIVE AND JUDICIAL DEPARTMENTS."

Congressional legislation regulating criminal procedure in Alaska, such as the provisions of the act of March 3, 1899 (30 Stat. at I. 1253, chap. 429), tit. II. § 43, that an indictment must charge but one crime and in one form only, is not a law "establishing the executive and judicial departments in Alaska," within the meaning of the act of August 24, 1912 (37 Stat. at L. 512, chap. 387), § 3 [Comp. St. 1913, § 3530], and is therefore not put beyond the amendatory power of the territorial legislature by the declaration of that section that all such laws shall continue in full force and effect until amended or repealed by act of Congress.

[Ed. Note.-For other cases, seo Territories, Cent. Dig. 117: Dec. Dig. 20."]

[No. 349.]

Argued October 23, 1914. Decided November 30, 1914.

N ERROR to the District Court of the United States for the District of Alaska, Fourth Division, to review a judgment sustaining a demurrer to an indictment upon the ground that more than one crime was charged therein. Reversed and remanded for further proceedings.

The facts are stated in the opinion. Assistant Attorney General Warren for plaintiff in error.

No appearance for defendant in error. 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 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. at L 1246, chap. 2504.) 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

† Comp. St. 1913, § 1704.

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. at L. 1294, chap. 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. U. S. Comp. Stat. 1901, p. 720) 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, 105, 58 L. ed. 137, 141, 34 Sup. Ct. Rep. 38, 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 Stat. at L. 512, chap. 387), of which the most pertinent clauses are set forth in the margin.1 The scope of the authority of the 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."

1 An Act to Create a Legislative Assem

bly 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

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. at L. 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. at L. 240, 241, chap. 273, § 7).* By act of May 17, 1884, entitled, "An Act Providing a Civil Government for Alaska" (23 Stat. at L. 24, chap. 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 3d 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 States heretofore passed establishing the executive and judicial 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 furbearing 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 [33 Stat. at L. 616, chap. 2771, 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.

may be established by law." Provision was made for the appointment of a district judge and four commissioners, whose jurisdiction and powers were prescribed, and for appellate review.

But the act of March 3, 1899, already mentioned (30 Stat. at L. 1253, chap. 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. at L. 321, chap. 786), further provision was made, under title I., for the establishment of the executive and judicial departments in the territory.2 Title II. contains 1,048 sections, constituting a Code of Civil Procedure (31 Stat. at L. 333494, chap. 786; Comp. Laws of Alaska, §§ 378-638). Title III. contains 368 sections, and is called the Civil Code (31 Stat. at L. 494-552, chap. 786; Comp. Laws of Alaska, §§ 277-362). In the Code of Civil Procedure, a chapter (31 Stat. at L. 442, chap. 786, §§ 698 et seq.) is devoted to the islative 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.

Pursuant to the authority conferred by it, the Secretary of Agriculture made certain rules and regulations, effective May 1, 1908, among which was the following:

"An official establishment may ship from the said establishment to any other official establishment any meat or meat food product which has been inspected and passed under these regulations without marking the same 'Inspected and passed,' if such shipment be placed in a railroad car which is sealed by an employee of the Bureau of Animal Industry, and provided that not less than 25 per cent of the contents of each tory, or the District of Columbia for transportation or sale as articles of interstate or foreign commerce; and the carcasses and parts thereof of all such animals found to be sound, healthful, wholesome, and fit for human food shall be marked, stamped, tagged, or labeled as "Inspected and passed;" and said inspectors shall label, mark, stamp, or tag as "Inspected and condemned," all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof.

That for the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared for interstate or foreign commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as "Inspected and passed" all such products found to be sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat or meat products unsound, unhealthful, unwholesome, or unfit for human food; and said inspectors shall label, mark, stamp, or tag as "Inspected and condemned" all such products found unsound, unhealthful, and unwholesome, or which contain dyes, chemicals preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as herein before provided, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy such condemned meat food products.

car consists of meat or meat food products not marked 'Inspected and passed.'" (Reg. 25, § 12, T1).

The indictment charged, in substance, that defendants knowingly and wrongfully altered, defaced, broke, and destroyed a certain government seal, then being upon a certain railroad freight car containing meat and meat products then under government supervision for inspection and offered for transportation in interstate commerce, the seal having been affixed to the car in accordance with the rules and regulations of the Secretary of

That when any meat or meat food product prepared for interstate or foreign commerce which has been inspected as hereinbefore provided, and marked "Inspected and passed" shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been "inspected and passed" under the provisions of this act; and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

That on and after October first, nineteen hundred and six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one state or territory or the District of Columbia to any other state or territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as "Inspected and passed," in accordance with the terms of this act and with the rules and regulations prescribed by the Secretary of Agriculture.