Felix Frankfurter

“ Alaska Laws 1959, c. 50, § 32 (3) . While in light of these facts the question is exceedingly nice, we do not think that the assurance of a timely appeal to a court not yet functioning was sufficiently definite when the appeals were here filed to constitute a bar to our jurisdiction under § 1257 (2) .
The interim court sustained the validity of the Alaska statute banning fishing with traps, Alaska Laws 1959, c. 17, as amended by Alaska Laws 1959, c. 95, against the claim of overriding federal law under the Supremacy Clause, Const. art. 6, cl. 2. ”

“ The claim was based on an asserted conflict between the statute and regulations of the Secretary of the Interior, 24 Fed.Reg. 2053-71, prohibiting trap fishing in Alaskan waters generally, but excepting the appellants, thereby granting them in effect a license to fish with traps. ”

“ The State Constitution, which took effect 'immediately upon the admission of Alaska into the Union as a state' (Art. XV, § 25) on January 3, 1959, provided for a Supreme Court, to 'be the highest court of the State, with final appellate jurisdiction,' a superior court, and such other courts as the legislature may provide. Art. ”