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3 Alaska L.J. 1 (1965)

handle is hein.barjournals/alaskalj0003 and id is 1 raw text is: AW NA Vol. 3 January, 1965 No. I IN THIS ISSUE U.S. Supreme Court Comment: Creditor's State Favored over Debtor's on Intangibles (Note on Decision in Texas v. New Jersey)-p. 1. U.S. District Court Opinions United States v. Alaska (Anchor- age Term) - Title to Sub- merged Lands of Yakutat Bay -2 Opinions: Op. of Je. 24, 1964-p. 2; Op. of Aug. 19, 196--p. 3. United States v. Kiewit & Sons (Fairbanks Term)-Miller Act, Recoverability of Workmen's Compensation Premiums, p. 5. Alaska Supreme Court Opinions No. 220-Liggett v. Knapp (Dis- missal of Action; Legislator- Attorney Privilege), p. 6. No. 221-Moody v. State (Parole Jurisdiction as between Alaska and U.S.), p. 7. No. 222-Sugg v. Morris (Recov- erability of Share of Com- mingled Funds Paid for Real Property by Party Living in Meritriclous Relationship), p. 9. No. 224-Odom v. Pacific North- ern Airlines (Recoverability for Unchecked Baggage or Items Carried on Person), p. 10. No. 225--Bentley v. State (Indi- gent Defendant; Right to Change Counsel on Appeal), p. 13. No. 228-Samber v. Berg, Inc. (Dismissal of Action; Legisla- tor-Attorney Privilege), p. 16. U.S. Supreme Court Comment: CREDITOR'S STATE IS FAVORED OVER DEBTORS ON INTANGIBLE ASSETS Unclaimed wealth has always been latched onto by the sovereign power in all societies (presumably under its con- stitutional mission to tidy up loose ends and because messi- ness offends any respectable government's sense of order), but only once in a while have the sums at stake been im- portant enough, presently on in contemplation, for competing soy- volve by themselves or in accumu- ereignties to fight about it. lation, substantial amounts. One such situation was dealt with Briefly, the High Tribunal held by the U.S. Supreme Court in its that, with intangibles, the state of recent decision in the case of Texas the last known address of the cred- v. New Jersey. itor (not the state of the debtor- Pennsylvania and Florida were paying corporation) gets its hands Involved here, too, and the case on the assets. began first off in the Supreme In two other situations which can Court under the High Tribunal's arise less frequently, the Court original jurisdiction, laid down in held that intangible assets should the Constitution, as to controver- escheat to the state of the debtor sies between states. High policy corporation's domicile (that is, and even high money (in the par- where it is incorporated, not, nec- ticular case) was not at stake here, essarily, where its principal of- but important precedent was. fices are) if: (1) there is no record The Court had to formulate a at all of any address for a cred- rule governing the disposition of itor; and (2) the state of the last intangible assets between claiming known address of a creditor is one states when the owner (that is, with which in fact does not have an intangibles, the creditor, to whom escheat law (these are rare com- a debt or obligation is owing) can- monwealths and will get rarer as not be found. Oddly, there has been time goes by and the need for no federal rule for this type of sit- tax revenues rises). uation, and it is not, of course, Subject to Claim possible for a single state to im- The escheat right of the debtor's pose its own ideas on such dispo- domiciliary state in both these lat- sition on Its sister states. ter cases is subject to the cred- Disappeared Holders itor's state making a later claim If the $26,461 which the Sun Oil if it can uncover proof that the Company owed a multitude of un- creditor's last known address was known or disappeared dividend within its borders or if it adopts holders and other claimants in this an escheat law which would apply case seems like petty cash, note to the particular situation. that what the Supreme Court de- The Supreme Court's decision cided here is controlling in cases was 8-1, and was delivered in an currently brewing around the land opinion by Mr. Justice Black. Mr. in which other corporations owe Justice Stewart was the lone dis- like small creditors some $15 bil- senter. He thought that assets in lion dollars, and in cases which the first and most important of the will arise in the future and can in- (Continued on Page 2) -I- LA CIa II 7f, Consecut i nsertion Open Three Six Twelve . Billing d half page for full ALASKA JOURNAL Published Monthly at P. 0. Box 1481 Juneau, Alaska ssified and Display dverfising Rates CLASSIFIED per word insertion DISPLAY l e Rate per column * Inch per Insertion ... ............ $2.00 ........................ - ... - 1.80 .......... .......... ......... 1.7 0 ............................ 1.50 Iscounted ten percent for size and twenty per cent page advertisements. Law Suit Burgeons Over Grave of Mother Of Father of Country RICHMOND, Va. (ACCN) - As the nation prepared for the an- niversary of the birthday of the Father of his Country, the U.S. Dis- trict Court in this city was consid- ering the prospect of trying a law suit to determine title to the grave of Washington's mother. The site, in Fredericksburg, Va., is claimed by two memorial associations, one of whom accuses the other of sur- reptitiously locking it out of the premises. The lav mond, Va Washingtc The grou the Mary Associatic rowed th two-acre rary cust( took possq suit was filed in Rich- L., by the National Mary in Memorial Association. ps claims that last July Washington Monument i of Fredericksburg bor- e key to a lodge on the grave site from a tempo- )dian, switched locks, and ession of the plot.

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