United States v. Wigger, 235 U.S. 276 (1914)

United States v. Wigger


No. 349


Argued October 23, 1914
Decided November 30, 1914
235 U.S. 276

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF ALASKA FOURTH DIVISION

Syllabus

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passed by Congress establishing executive and judicial departments in Alaska should continue until amended or repealed by Congress, related to laws establishing such departments and not merely regulating procedure, and the form of indictment was open to amendment by the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.