The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-02-02
Law FOR ALASKA.
The New Judge Tells Where
to Find II.
ms ADDRESS TO rhE BAR.
Judge Duxhes Annouacss That the Ore
gea CeAe win samee For
Hts District.

Gen Code VIII sumce For
His District.
The Alaska Fsvs Press, published at Ju-
neau. Alaska. in its issue Of January IL.
resolved here per steamer yesterday. pub
iishss vary Interesting address by Judge
John 6. Bugbes 10 the bar at the Juneau
session OF the United States district court
II 10 ~ follows:
6eati<mea If the Bar cf Asoska. Before pro
ceeding - the regular business at the court de-
s1rs Jour attention 60 . confederation Of tho
laws apcertaining 70 Alaska - affecting o. gov
erninE the Jurisdiction. plsAdings. practice and
proceedings OF the court
The act providing : civil government for
AlaskA" approved Nay II. 1854. generally called
the "organtc Act takes the place Of coux1i-
tutiou - the fundamental law Of the local gov
eminent, and. . sach. is Obligatory upon and
binds the territorial or district authorities
Whatever crnditie2 inconsisteneies or de-
nciencies may appear therein or therefrom -
10 other maften. IL ssems 10 mo that - to the
Jurisdiction Of the districs court the dn:ies and
power Of its Judge. and the proceedings and
practice in the application Of the law. It's pro-
visions are suihciently ample and reasonably
clear.
II constitutes the territory ceded to the United
States By Russia and known - Alaaka, . judi
cial district, and establishes . district court
therein with the civil and criminal jurisdiction
OF district courts Of the United States, and the
civil and criminal jurisdiction Of district courts
Of the United States exercising the jurisdiction
Of circuit courts. and such other jurisdiction not
Inconsistent with this Get g may Be established
By law"
The civil and criminal jurisdiction OF the
~ thA Yfs,fe Il
and Is only that conferred by the constitution Of
the Quilted States and acts OF congress. II IL too
well defined and known to admit Of question or
need explanation in this connection or q the
present time tn admiralty and maritime jurisr
dicfion IL exclusive. and no state court Is per-
mitted 70 exercise or affect IL.
The civil and criminal Jurisdiction Of district
courts of the United States exercising the juris-
diction OF circuit courts Is that granted by con-
grcss by special 10 certain district courts OF
the United States, and Il the jurisdiction of al
cases except appeal and writs Of error which are
cogni1ahle by . circuit court OF the United
States. and the district court IL to proceed
therein in the same manner ~ u circuit court.
The Jurisdiction Of circuit courts il also well de-
fined by statute, and need not for present puf-
poses be referred to-
Except by the terms Of the organic oct itself
NO other jurisdiction has been established by
law or especially granted 10 this court, but by
that act Il 10 provided "thet the general laws of
the state Of oregon now in force that 10. the
general laws In force on May IL. 1884, are hereby
declared TO be the law In said district % far -
the same may be applicable. and not In con6ict
with the provisions Of this act the laws Of the
United States"
Al the time Of the passage OF the act the dis
trict had never been made . territory Of the
United States Il has neither legislature nor To-
cal laws, and from the time Of the cesston IL
people have been practically without the means
Of enforcing their rights or redraning their
wrongs, although violation Of the lawn extended
% the territory, and the makers thereof might
have been prosecuted q any distsict court Of
the United atafes In California OF Oregon, q In
The district court OF Washington.
The organic oct did not In terma create q ter
ritory Of Alaska. II constituted II, however. .
civil as well ~ judicial district Throughout
the act ii Is spoken OF Is district except In sec
tons IL, II and H. whore il 10 called territory.
and in section IA. where 1t Is Designated the
a'unorganized territory OF Alaska" Chapter 3.
title g. revised statutes United States Is entitled
Provisions relating 20 the unorgAnixed territory
OF Alaska" Alaska ID designated throughout
~ territory. s, In the act Of congress making
II collection district co. s. Rev ST. 2s,si0l. 50 In
the sct relating 70 commerce and navigation, 20
in the various appropriation acts. and acts re-
lating 20 education and to coast surveys- The
provisions OF the organic act were IN many re-
spects similar TO those at the time common TO
ell territories. 1t provided for governor who
should perform generally In aud over said dis
trict such acts ~ pertain 70 the ONCE OF COVER
nor OF territory 10 far IS the same may be
made or become applicable thereto; IL provided
for district court with . Federal jurisdiction
similar to that Of territorial courts. for judge
with like duties and power - judges of such
courts: for . clerk who should be ex-oficio sec
Rotary treasurer and recorder OF the district. for
district attorney OF the United States Is in the
territories. and for marshal. who should be ex-
offcio surveyor general and who should have
the general authority and power OF the United
States marshais OF territories II gave
20 the district about all the machinery
OF territorial government except
representation in congress. aud the
power 10 make laws Having given them .
court TO conx,rue and administer the laws. and
all its proper officers TO execute them IL did not
leave them - they had been before without the
means Of enforcing their rights, redressng their
wrongs aud Furnishing crimes not cognixahle by
federal courts. bat % far as was practicable APP
piled TO the district the laws then in force in .
neighboring state, thus rounding cnt and CON-
plesipr 30 far ~ least. ~ the judicial depart
ment Is concerned q territorial government for
the district Of Alaska such rs exists today II ia
other respects II was an Hn0rgauized territory. IL
was on footing with the other territories so
far - It's code Of laws and judiciary were cen
cerued.
III my opinion the general laws Of Oregon,
existing when tho organic act was passed. 70
far ~ they may be applicable, and not in con-
a;et With the other provisions Of that oct or the
constitution Of the United states, are ~ much
the laws of this district as If they had been
specially enacted by q legislative bo0y with
powers 20 enact laws for the district. or in other
words. By territorial Legislators. had Alaska
been made territory, ana that such general
laws Of Oregon. together with the laws Of the
United states not locally insppllcAble TO the
district, and ncs inconsistent with the psovi-
sions OF the organic ACT form the code by which
Alaska i governed.
OF Oregon are or are not applicable In special
instances: whether they conflict with the or.
gAuse act o. the constitutions OF laws OF the
Unise4 states. and whssaer. in special instances.
tie laws OF the United States are or are not 10
easly inzppiseable, or are OF are not Inconsistent
with the provisions Of the organic act Is oae 10
be determines By the subject masfer and de-
csstea by the court when occasion arises. bat ]
have no doub2 In uy uii1d On the general
prozNs.fsoa fha. this eoEsgr has In 2dcifio2 10
the jurisdiction specially se-ted In II ~ con
rress a. district and circuit court Of the United
states Jurisdiction Of civil and criminal causes
arising under such general laws, and cosntzsfsie
hy the sfsf rrfss courts OF Or gon exfsssag or
that existed under them, ia al respects the
sane A territorial csurfs established By the
United states have Jurisdiction over s9ch
exuses arising under terri soriai Isws. This al
dillon 10 rs Federal jurisdiction although NOT
sr<eyslIy vested In The eousf In terms. ss neces.
sersly snpsse.. for congress wcuid never have
serislsfed 50 IDLY ss 70 gsTe 10 system OF iAws