Yute Air Alaska, Inc. v. McAlpine

698 P.2d 1173, 1985 Alas. LEXIS 254
CourtAlaska Supreme Court
DecidedApril 19, 1985
DocketS-548
StatusPublished
Cited by34 cases

This text of 698 P.2d 1173 (Yute Air Alaska, Inc. v. McAlpine) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yute Air Alaska, Inc. v. McAlpine, 698 P.2d 1173, 1985 Alas. LEXIS 254 (Ala. 1985).

Opinions

[1175]*1175OPINION

PER CURIAM.

I.

We set out in full the Memorandum Decision of the superior court which explains the questions presented and, in our view, properly resolves them:

“MEMORANDUM DECISION

“I. Introduction.

“The defendants (McAlpine) have decided to place an initiative proposition on the November 1984 general election ballot which will repeal statutes regulating motor and air carriers in Alaska, open the carrier business to any and all financially responsible persons, prohibit municipalities from regulating these activities, and require the governor to seek repeal of the federal statute (the Jones Act) which requires the use of United States vessels for shipping goods between United States ports. The initiative proposition is entitled, “Reducing Government Regulation of Transportation.” The initiative is a project of the Alaska Libertarian Party for 1984. Stipulation No. 1.

“The plaintiffs (Yute Air),1 all of which are regulatees under the state laws to be repealed and apparently not ready for free enterprise in 1984, seek to prevent the proposition from being on the ballot, either permanently on grounds of invalidity or at least until the first statewide election following the next convening and adjourning of a session of the Alaska Legislature. The raise the following issues:

“1. The initiative violates the single-subject rule.
“2. The constitution implicitly requires that the signatures in support of the initiative be verified before the legislature both convenes and adjourns in order for it to be submitted to the voters.

“II. The Single-Subject Rule.2

“Yute Air’s argument here divides into two parts. The first is the traditional one: The initiative acts both on the deregulation of Alaska’s intra-state air and motor carriers and on the federally regulated, interstate sea carriers, that is, on two subjects. After the decision in State v. First Nat’l Bank of Anchorage, 660 P.2d 406 (Alaska 1982), it is difficult to sustain that argument. Suffice to say, that even if the court went too far in that case and were inclined — although there is no sign of if — to step back from that decision, the initiative here does not embrace two, unrelated subjects. Indeed, the economic effects of these two sources of regulation over transportation of freight in and to Alaska may well be perceived by deregulators as one of this state’s most serious problems. The two sources of regulation are, from that viewpoint, inextricably related, certainly far more integrated and related than boat harbors and flood control projects or than trooper facilities and new and improved prisons.

“Nor should it matter that the repeal of the federal law and the repeal of the state laws do not interact or interrelate legally with another. To the miner at Minto who wants to bring his supplies from Seattle, the interaction and interrelation is more than just self-evident — it is glaringly so. While one could address the existing laws in two or three bills, it is rational to address all of them together.

“The second part of Yute Air’s single-subject argument is more interesting. It argues that the provisions of the initiative which require the governor to seek the repeal of the Jones Act3 are not law but rather a plebicite directing administrative activities, and therefore, not a proper subject for an initiative under the Alaska Constitution which limits the use of the initiative to the enactment of laws. Alaska Const., art. XI, § 1. It cites Seattle Building Construction Trades Council v. City of Seattle, [94 Wash.2d 740], 620 P.2d 82 (Wash.1980), as an example of the case law in support of its point.

“Seattle Building is one of a line of cases, all or almost all of which limit the use of municipal initiatives, in which the [1176]*1176courts attempt to draw a line between laws and administrative acts. The cases usually involve municipalities because, unlike state governments in which the three great powers are separated, local governing bodies are generally vested with an admixture of both legislative and administrative powers. City councils, county commissioners, and borough assemblies not only enact laws but they also administer them to a very great extent and they also sit as boards of review, exercising quasi-judicial powers at times and making fundamental executive policy at other times. Where the city or county voters seek to exercise these latter kinds of powers through the initiative, so the theory goes, they exceed the law making power vested in them under initiative provisions.

“A close reading of the cases finds many of them to be analytically defective. Laws frequently reverse prior administrative decisions and set new policies for administrators to follow. There is nothing legally wrong with that. Indeed, it is precisely policy which law is intended to set, and the executive is bound under the constitution to carry out that policy. Alaska Const., art. Ill, § 16.

“Nothing in the constitution of this state limits the legislature’s power to enact laws establishing as this state’s, policy a change in existing federal law. Indeed, the Alaska Territorial Legislature, a creature of very limited power under federal law and control, by law established an Alaska Statehood Committee to do just that, that is, to make Alaska a state rather than a territory. Chapter 108, SLA 1949. And it is (was?) common knowledge that one of the most vexing drawbacks of territorial status perceived by statehood promoters was the very Jones Act which the legislation here would have the governor seek to repeal. It would certainly come as a surprise to the framers of the Alaska Constitution that they had somehow prohibited direct legislation on that subject.

“Analytically, laws may be enacted on any subject under the sun: They can command the tides to stand still for King Ca-' nute or the mountain to come to Mohammed. That they may or may not be effective is of no moment. It will hardly do to say that a law may not be enacted because it is silly — not at least at this late date. Only if one can point to some prohibition expressed or implied in the state or federal constitutions can it be said that some proposed law would violate the constitution and may not, therefore, be the subject of an initiative. Yute Air argues only that the provisions of the initiative relating to the Jones Act are not ‘law.’ That argument is simply not correct. Those provisions establish a public policy and they make it the chief executive’s duty to carry that policy out. They are a solemn expression of legislative will, and that is what law is all about. Black’s Law Dictionary 1074 (3rd ed. 1933). It is presumed that the chief magistrate will carry out that law, and this court will not entertain any argument to the contrary.

“Yute Air also argues, however, that the state’s law making power does not include the law maker’s directing the executive (or the judiciary) with respect to the relationship between the State of Alaska and the United States.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Howard Jarvis Taxpayers Assn. v. Padilla
363 P.3d 628 (California Supreme Court, 2016)
Croft v. Parnell
236 P.3d 369 (Alaska Supreme Court, 2010)
Planned Parenthood of Alaska v. Campbell
232 P.3d 725 (Alaska Supreme Court, 2010)
Swetzof v. Philemonoff
203 P.3d 471 (Alaska Supreme Court, 2009)
State v. Trust the People
113 P.3d 613 (Alaska Supreme Court, 2005)
Kodiak Island Borough v. Mahoney
71 P.3d 896 (Alaska Supreme Court, 2003)
Evans Ex Rel. Kutch v. State
56 P.3d 1046 (Alaska Supreme Court, 2002)
Ragsdale v. State
23 P.3d 653 (Court of Appeals of Alaska, 2001)
In Re Initiative Petition No. 364
1996 OK 129 (Supreme Court of Oklahoma, 1996)
Faipeas v. Municipality of Anchorage
860 P.2d 1214 (Alaska Supreme Court, 1993)
Campbell v. White
1993 OK 89 (Supreme Court of Oklahoma, 1993)
McAlpine v. University of Alaska
762 P.2d 81 (Alaska Supreme Court, 1988)
CONS. POLITICAL ACTION COM. v. Anchorage
745 P.2d 936 (Alaska Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
698 P.2d 1173, 1985 Alas. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yute-air-alaska-inc-v-mcalpine-alaska-1985.