Evening star., 1899-12-05

should deem necessary or proper These
commissioners We're duly appointed and af-
ter a careful investigation and study of the
system OF laws and government prevailing
in the islands, and of the conditions exist
ing there, they prepared a bill to provide a
government under the title of The Terri
tory of Hawaii" The report of the Com
mission, with the bill which they prepared.
was transmitted by me to Congress on De
cember &, 1898. but the bill still awaits final
action.
The people of these Islands are entitled
to the benefits and privileges Of our Con
sututlon, but in the absence of any act of
Congress providing for Federal courts in
the Islands, and for a procedure by which
Appeals: writs Of error. and other judicial
proceedings necessary for the enforcement
or civil rights may be prosecuted. they
are pVwerless to secure their enforcement,
| by the Judgment OF the courts of the United
States; 1t is man!festly important. there
lore, that an act shall be passed as speed
ly as possible erecting these islands into
judicial district. providing for the ap-
pointment OF a judge ard other proper Of
hcers and methods of procedure in appel
late proceedings, and that the government
of this newly acquired territory under the
Federal Constitution shall be fully defined
and provided for
RELIEF FOR ALASKA.
A necessity for immediate legislative re-
lief exists in the Territory of Alaska. Sub
stantially the only law providing a civil
government fer this Territory is the act of
May II, 1854 This is meager in its provis-
ions, and is fitted only for the administra-
ton of affairs in a country sparsely iuhab-
tied by civilized people and unimportant
i'll trade and production. as was Alaska at
the time this act was passed. The increase
In population by immigration during the
covery of gold, has produced such condi-
ton calls for more ample facilities for
LEGAL self-government and more numerous
conveniences of civil and judicial admins
tration. Settlements have grown up in va
rlous places, constituting in point of popu-
lation and business cities of thousands of
inhabitants. yet there is no provision of law
under which a municipality can be organ
lied maintained.
In some localities the inhabitants have
met together and voluntarily formed mu-
nicipal organization for the purpose OF local
government adopting the form Of mu-
nicipal constitution and charter, under
which said officials have been appointed;
and ordinances creating and regulating
police force. fire department. depart
ment of health and making provision for
the care of the insane and INDECENT poor
and sick and for public schools have been
passed. These proceedings and the oTdi-
nanceS passed by such municipalities are
without statutory authority and have no
sanction except as they are maintained by
the popular sentiment of the community.
There is entire absence of authority 10
provide the ordinary instruments of local
police control and adminiStra ton, the pop
ul1tiOn consisting Of the usual percentage
of lawlesS adVenturers Of the class that al
ways flock to new fields of enterprise or
discovery, and under circumstances which
require mora than ordinary provision for
the maintenance pf good order
lawful conduct.
The whole vast area of Alaska comprises
but one judicial district, with one Judge,
one marshal. and one diStric; attorney Vet
the civil and criminal business has more
than doubled within the past year and is
many times greater both in volume and i'm
portance than 1t was i'll 1854. The duties of
the judge require him to travel thOuSau udS
of miles to discharge his judicial duties at
the various places designated for that pur-
pose. The territory should be divided INTO
AT least two districts. and an additional
Judge district attorney. marshal and other
appropriate officers be provided.
There Is practically no organized form of
government in the Territory. There il no
authority except in Congress, to pass any
law. no matter how local or trivial and the
dithculty Of conveying to the Congress an
adequate conception and understanding or
the various needs Of the people i'm the diff
ferent communities Is easily understood 1
see no reason why more complete form
of Territorial organization should not be
provided. Following the precedent cStab-
liShed in the year 1903, when TEMPORARY
government was provided for the recently
acquired territory. then known under the
name OF louisiana, It seems to me that II
would be advantageous TO confer greater
executive power upon the governor and to
establish as was done in the case Of the
Territory of Louisiana, Legislative coun-
ell having power TO adopt ordinances which
shall extend to all the rightfuI subjects OF
local Legislation such ordinances not to
take effect until reported to and approved
by the Congress if in session. and II that
body is not in session then by the Pres
dent In this manner a system Of laws
providing for the Incorporation and govern
ment of towns and cities having a certain
population. giving them the power to es-
tablish and maintain system of educa-
ton to be locally supported, and ordinances
providing for police, sanitary, and other
such purposes. could be speedily provided.
| believe a provision of this kind would be
satisfactory to the people of the Territory.
It Is probable that the area is too vast and
the population too scattered and transitory
to make it wise at the present time TO pro-
vide for an elective legislative body, but
the conditions calling for local self-govern-
ment will undoubtedly very soon exist, and
will be facilitated by the measures which l
have recommended.
LEGISLATION FOR PORTO RICO.
I recommend that legislation to the same
end be had with reference to the govern
ment of Porto Rico The time is ripe for
the adoption of a temporary form of gov
ernment for this island; and many sugges-
tions made with reference to Alaska are
applicahle also TO Porto Rico
The system Of civil Jurisprudence now
adopted by the people of this island is de-
scribed by competent lawyers who are ia
miliar with 1t, as thoroughly modern and
scientific, so far 1t relates to matters Of
internal business, trade, production, and
social and private right in general The
cities of the island are governed under
charters which probably require very little
or no change. SO that with relation TO
matters of local concern and private right,
it is not probable that much, if any, legis-