Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-05

proper officers and methods of procedure
in appellate proceedings, and that the
government of this newly acquired terri
tory under the federal constitution shall
be fully defined and provided for.
THE ALASKAN QEsTION.
A necessity for immediate legislative
action exists in the territory of Alaska.
Substantially the only law provld-
ing a civil government for this Ter
ritory is the act of May L. 1881.
This is meagre in it's provisions
and is fitted only for the admins
tration of affairs in a country sparsely
inhabited by civilized people and unlm-
portant in trade and production as was
Alaska at the time this act was passed.
The increase in population by lmmlgra-
ton during the past few years conse-
quent upon the discovery OF gold mas pro-
duced such a condition as calls for more
annie facilities for local self government
and more numerous conveniences OF civil
and judicial administration. settlements
lave grown up in various places. constl-
tuting in point of population and business
cities of thousands of inhabitants. yer
there is no provision of law under when
a municipality can be organized or main
tanned.
In some localities the inhabitants have
met together and voluntarily formed a
municipal organization for the purpose OF
local government, adopting the form OF 4
municipal constitution under when para
officials ave been appointed and ordln-
ances creating and regulating a ponce
force. a fire department. a department Oh
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 ordinances passed
by municipalities are without Statu-
tory authority and have no sanction. eH-
cept as they are maintained by the popu-
lar sentiment of the community. There
is an entire absence of authority to pro-
vide the ordinary instrument of local po-
lice control and administration, the popu-
lation consisting of the usual percent
age of lawless Adventures of the class
that always t'ocks to new fields of enter
prise or discovery, and under clrcum-
stances which require more than ordinary
provisions for the maintenance of peace,
good order and lawful conduct.
The whole vase area of Alaska COM
prises but one judicial district, with one
judge, one marshal and one district at
torney. yet the civil and criminal business
has more than doubled within the past
year.. and is many times greater both in
volume and Importance than it was in
1884. The duties of the judge require him
to travel thousands of miles to discharge
his judicial duties at the various places
oCSlSl " l1lol IA Eoot. aS NJ
ritory should be divided into at least two
districts, and an additional judge, district
attorney. marshal and other appropriate
officers provided.
There is practically 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
n the difficulty of conveying to the con-
gress an adequate conception and under
standing of the various needs of the
people in the different communities is
easily understood. I see no reason why a
more complete form of territorial Organi-
zation should not be provided. Following
the precedent established in the year 1895,
when a temporary government was pro-
vided for the recent acquired territory,
then known under the name of Louisiana,
it seems to me that it woul be advan-
tageous to confer greater executive pow
err upon the governor and to establish, as
was dom in the case of the territory of
Louisiana, a legislative council having
power to adopt ordinances which shall
extend to all the rightful subjects of local
legislation such ordinances not to take
effect until reported to and approved by
the congress-, if in session, and if that
body is not in session, hen by the preSi-
dent. In this manner a system of laws
providing for the Incorporation and gov
eminent of towns and cities having a GER
tain population, giving them the power to
establish and maintain a system of edu-
cation to belocally supported and ordi-
nances providing for police, sanitary and
other such purposes should be approved.
a provision of this kind would be salts
factory to he people of a territory. 1t
is probable that the area is too vast and
the population too scattered and transit
tory to make it wise at the present time
to provide for an elective legislative
body, but ~theconditions calling for local
self government will undoubtedly very
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measures which have recommended.
PORTO RICAN LEGISLATION.
I recommend that legislation to the
same end be had with reference to Porto
Rico. The time is ripe for the adoption
of a temporary form of government for
this island, and many suggestions made
with reference to Alaska are applicable
also to Porto Rico.
The system of civil jurisprudence
now adopted by the people Of this island
is described by competent lawyers who
are familiar with il. as thoroughly mod
ern and scientifis SO far as it relates to
matters of internal business, trade, pro-
duction and social and private right in
general. The cities of the island are gov
erned under charters which probably re-
quire very little or no change. So that
with relation to matters of local concern
and private rights, it is not probable that
much. If any legislation is desirable, but
with reference to public administration
and the relations of the islands to the
federal government there are many mat
tiers which are of pressing urgency. The
same necessity exists for legislation on
the part Of congress to establish federal
courts and federal Jurisdiction in the is
land as had been previously pointed out
by me with reference to Hawaii. Be
sides the administration of justice there
are subjects of public lands, the con-
troll and improvement of rivers and
harbors. the control of the waters or
streams not n~aVigable, which under the
Spanish law. belonged to the crown OF