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WARWICK v. STATE EX REL. CHANCE

No. 2712.

548 P.2d 384 (1976)

Andrew S. WARWICK, Commissioner of the Department of Administration of the State of Alaska, Appellant, v. STATE ex rel. Genie CHANCE, Alaska State Senator and Chairman of the Legislative Council of the Alaska State Legislature, Appellee.

Supreme Court of Alaska.

March 25, 1976.

Attorney(s) appearing for the Case

William T. Council, Asst. Atty. Gen., and Avrum M. Gross, Atty. Gen., Juneau, for appellant.

Gail Roy Fraties, Gregg, Fraties, Petersen, Page & Baxter, Juneau, for appellee.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, ERWIN and BURKE, Justices.

OPINION

BOOCHEVER, Chief Justice.

Art. II, sec. 5 of the Alaska Constitution provides in part:

During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while be was a member.

By this appeal we are required to construe that provision as applied to a member...

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