The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-06

whom providence has brought within our
jurisdiction feel that it is their liberty and
not our power, their welfare and not our
gain, we are seeking to enhance.
Our flag has never waved over any COM
munity but in blessing. l believe the Fill
pinos will soon recognize the fact that 1t
has not lost its gift of benedietion in this
worldwide journey to their shores.
Some embarrassment in administration
has occurred by reason of the peculiar
statutes which the Hawaiian islands at
present occupy under the joint resolution
of annexation approved July I. 1898. While
by that resolution tie republic of Hawaii
as an Independent nation was extinguished,
its sovereignty destroyed and its property
and possessions voted in the United States,
yet a complete establishment for its gov
ernmenb under our system was not ef-
fected. While the municipal laws of the
Islands not enacted for the fulhllment of
treaties and not inconsistent with the
joint resolution or contrary to the constitu-
tiol of the United States CT any Of its
treaties remain in force, yet these laws re-
late only to the social and internal affairs
Of the islands and don't touosl many sub
jects of Importance which are of a broader
national character. For example the Ha-
waiian republic was Invested of all title to
the public lands in the islands and is not
only unable TO dispose of lands TO settlers
desiring to take up homestead sites, but is
cases where lands have been entered upon
lease or other conditions which carry with
them the right to the purchaser, or settler
to have a full title granted to him upon
compliance with the conditions prescribed
by law or by his particular agreement of
entry.
The Hawaiian Ports
Questions of doubt and difficulty have also
arose with reference to the collection of
tOnOagp COMING
Hawaiian ports; with reference to the
statutes of Chinese in the islands; their
entrance and exit therefrom, as to patents~
and copyrights, as to the register of vessels
under the navigation laws as to the neces-
sity for holding elections in accordance
with the provisions of the Hawaiian
statutes for the choice of various offices
and as to several other matters of detail
touching the interests both of the island
and the government By the resolution of
annexation the president was directed to
appoint five commissioners to recommend
to congress such legislation concerning the
islands as they should deem necessary or
proper. The commissioners were duly APP
pointed and after a careful investigation
and study of the system of laws and gov
eminent prevailing in the islands and OF
the conditions existing there they prepared
bill to provide a government under the
title of the territory of Hawaii" The re-
port of the commission, with the bill which
they prepared, was transmitted to congress
on December g. 1853, but the bill still awaits
final action.
The people of these islands are entitled
to the benefits and privileges of our con-
stitution, but in the absence of any act OF
congress providing for federal courts IN
the islands and for a procedure by whlch
appeals writs of error and other judicial
proceedings necessary for the enforcement
of civil rights may be prosecuted they are
powerless to secure their enforcement py
the Judgment of the courts of the United
states.
Ii is manifestly important, therefore, that
an act shall be passed speedily as pos
sible. erecting these islands into Jud!clal
district providing for the appointment OF
Judge and other proper officers anu methods
of procedure in appellate proceedings anu
that the government of this newly ac-
qured territory under the federal eonstltu-
ton shall be fully defined and provided Tor.
A necessity for immediate relief exists el
the territory of Alaska. Substantially me
only law providing civil government dor
This territory is the act OF May H. 1911.
This is meagre in its provisions ana Is Mt
ted only for the administration of Affairs
in a country sparsely inhabited by a civil
lied people and unimportant in trade ana
population as was Alaska at the time thls
act was PISSED. The increase in p0pnia-
tion by inmisra ton during the past lew
years, consequent upon Inc tA'SVfNiS ~
gold has produced such a condition as
calls for more ample facilities for local self
government and more numerous convent
ences of civil and judicial administration
Settlements have grown up in various
places constituting in point Of population
and business cities of thousands OF innap-
itants; yet there is no provision of law
under which a municipality can be organ
lied or maintained. In some localities the
inhabitants nave met together and Volun-
tarily formed a municipality organization
for the purpose of local government, adopt
ing the form of a municipal cons titution
and charter under Which paid officials
have been appointed and ordinances ere
ating and regulating a police force, a fire
department a department of health and
making provision for the care of the in
sane and INDECENT poor and sick and for
public schools, have been passed
These proceedings and the ordinances
passed by such municipalities are without
statutory authority and have no sanction
except as they are maintained by the pop
ular sentiment of the community.
Absence of Authority
There is an entire absence of authority
tc provide the ordinary instruments of To-
cal police control and administrato the
population consisting of the usual percent
age of lawless Adventures of The class
That always flock to new fields of enter
which require more than ordinary pro-
vision for the maintenance of peace, good
order and lawful conduct.
The whole vast area of Alaska comprises
but one judicial district, with one Judge,
one marshal and one district attorney; yet
the civil and criminal business has more
than doubled witialn the past year, and is
many times greater both in volume and
Importance than it was in 1854 The duties
of the Judge require him to travel thous-
ands of miles TO discharge his judicial
duties at the various places designated for
that purpose.
The territory should be divided into at
least two districts and an additional Judge,
district attorney, marshal and other ap-
pointive officers be provided. There is prac-
ticaIy no organized form of government in
the territory. There is no authority except
in congress to pass any law, no matter how
local or trivial and the difficulty of convey
ing to the congress an adequate conception
and understanding of the various needs of
the people in tho different communities is
easily understood. | see no reason why a
more complete form of territorial organiza-
ton should not be provided
EOlInwinV tbe nrppadant acta blioIad IN a.