National Republican., 1880-03-17
A Question of Law,

THE NATIONAL REPUBLICAN has given
considerable latitude TO tho discussion on
Alaska, which has boon conducted in tho form
of communications IN these columns because
it is desirable If form OF government is to
be created for that Territory, Congress should
have the fullest information possible to be
obtained concerning the people and country
for which 1t Is proposed TO lcgisate yet it
should be noted that whom this paper intro.
duced tho subject ono week ago 1t simply
called attention to certain extraordinary
features of Senator Butler's bill for II Terrific
rial government in Alaska, mentioning the
character of the country and its inhabitants
only incidentally. Neither Collector Ball nor
Alaska" have discussed those features of the
bill which are certainly of an exceedingly
peculiar character. This Is not question of
climate nor of population, but of Law, and law
proposed of character differing in many
respects from any at present known in this
country. Senator Buffers bill provides among
other things that the secretary OF the Territory
shall bo or o6fcio treasurer, and
shall receive nll moneys collected from taxes,
licenses fines or In any other way and disburse the
same in the necessary expenses OF the Territorial
government, under direction OF the Legislative
Council.
At the same time, section S Of the bill pro.
vidcs that the salaries of all the Federal oil
cials shall be paid quarterly at the Treasury
of tho United States.
If IL bo proper to mako the Territorial Secre.
tary, who Is also clerk to tho Legislative Coun.
cil Treasurer and II tho salaries of the officials
are to be paid quarterly at the Treasury OF
the United States" all moneys collected by tho
treasurer should DO paid into tho Treasury OF
the United States.
SEC. o. That the Governor Chier-JustIce, Sur.
ycyor-GCneral and Marshal provided for In this
act shall together with tho Collector of Customs
for the District of Alaska constitute for the first
year Of the operation of the government hereby es
tablshed, Legislative Council. And
their authority rs Legislative Council under this
act shall continue until otherwise provided.
Section IL, which authorizes the election OF
a delegate in Congress, provides that
The first election for such delegate shall DO upon
such day as the Governor may appoint and there
amer at such times aud places us shall be fixed by
said council.
Those clauses Of Sections 0 and II seem in
tended to make the Legislative Council per.
petual, and certainly it could not be abolished
or superseded by any act of legislature, nor
Is any other form OF government provided for.
Under Section IL, too, tho election of a dele
gate in Congress might never take place, or it
might take place every day "nt such times
and places as shall be dxod by said council"
Such power MS this is nowhere to bc found
as yet IN the United States or Territories, and
it never ought to bo conferred on any Gov.
ernor or Legislative Council.
The Legislative Council, which may consist
of tho Governor, the attorney of the Terri
tory and the deputy collector, Mt Sitka, shall,
in addition to other matters appoint five
magistrates, "and any other necessary officials
not herein otherwise provided for"
Is not this au extraordinary bill for the gov.
ernment Of a portion Of the United States?