District Court, D. Alaska November 21, 1908 (Town of Nome v. Rice)

MOORE, District Judge.

The first question raised by these issues is: Was the defendant still a member of the common council at the commencement of this action? The answer to that question depends on whether the tender by defendant of his resignation to the common council of the town without action thereon by the council operated to sever his connection with the council and to create a vacancy in