The Topeka state journal., 1899-12-05


his particular engagement Of entry.
Questions of doubt and difficulty have
also arisen with reference to the col
lection of tonnage tax on vessels com
ing from Hawaiian ports; with refer
ence to the status of Chinese in the is
lands, their entrance and exit there
from; as to patents and copyrights; as
to the register of vessels under the
navigation laws; as to the necessity of
holding elections in accordance with
the provisions of the Hawaiian statutes
for the choice of various officers and as
to several other matters of detail
touching the interests both of the ISL
andS and of the federal government.
By the resolution of annexation the
president was directed to appoint five
commissioners to recommend to con-
gress such legislation concerning the
islands as they should deem necessary
or proper. The commissioners were du-
ly appointed and after a careful in
VeStigatiOn and study of system of
laws and government prevailing in the
islands and conditions existing there,
they prepared a bill to provide a gov
ernment under the title of the terri
tory of Hawaii" The report of the
commission, with the bill which they
prepared, was transmitted by me to
congress on December 6. 1898, but the
bill still awaits final action.
NEEDED LEGISLATION.
The people of these islands are enti-
tied to the benefits and privileges of
our legislation, but in the absence of
any act of congress providing for fed
eral courts in the islands, and for a
error and other judicial proceedings
necessary for the enforcement of civil
rights may be prosecuted, they are
pOWerleSS to secure their enforcement
by the Judgment of the courts of the
United States. It is manifoldIy i'm
portant therefore, that an act shall be
passed as speedily as possible erecting
these islands into a judicial district,
providing for the appointment of
judge and other proper officers and
methods of procedure in appellate pro-
ceedings and that the government of
this newly acquired territory under the
federal constitution shall be fully de-
fined and provided for.
a necessity for immediate legislative
Substantially the only law providing a
civil government for this territory is the
provisions and is fitted only for the ad-
mln1StratiOn of affairs in a country
sparsely inhabited by civilized people and
unimportant in trade and production as
was Alaska at the time this act was pass
sratloh during the past Few years, cOnse-
quent upon the discovery of gold, has
more ample facilities for local self gov
ernment and more numerous cOnveniences
Elements have grown up in various places,
constituting IN point OF population and
tants, yet there is no provision of law
under which a municipality can be or
q.
In some localities the inhabitants have
met together and voluntarily formed a
IA IInMuIIclpsil UNI oIeallzatlon Tor the purpose of
a municipal cons titutiOn under which paid
llSLilCeS cIeallng ana regulating a police
force, a fire department, department of
OF tne insane and INDECENT poor and sick
and for public schools, have been passed.
These proceedings and ordinances passed
by such municipalities are without statu-
tory authority and have sanctiOnary ex-
cept as they are maintained by the pOpu-
Idt seltIIuShl OF lile country Ihere Is
an entire absence of authority to provide
cohlroI ana admlnlStrauon, the popula-
uOn consisting of the usual per centage
always flock to new fields of enterprise
or discovery, and under circumstances,
winch require more than ordinary provis-
ion for the maintenance of peace, good
ALASKA ONE DISTRICT.
The whole vast area of Alaska COM
prtses but one judicial district. with one
judge, one marshal, and one district at
has more than doubled within the past
year and IS many times greater both in
1884. The duties of the judge require him
to travel thousands of miles to discharge
ms Judlcla1 duties at the various places
designated for that purpose. The terri
tory should be divided into at least two
ulsIrlctS ana an addltlOnal judge, district
attorney, marshal and other appropriate
officers be provided.
There is practically no ORGANIZED form
OF government in the territory There is
no authority except in congress to pass
and the difficulty of conveying to the
congress an adequate conception and Un-
people in the different commTntties rs is
easily understood 1 see no reason why
a more complete form of territorial or
ganizatiOn should not be provided Fol-
lowing the precedent established in the
year 1SO9 when temporary government
was provided for the recently acquired
territory, then known under the name Of
LOUISIANA, it seems to me that it would
be advantageous to confer greater execu-
tive power upon the governor and to es-
tablIsh as was done in the case of the
territory of Louisiana, legislative coun-
which shall extend to all the rightfuI sub
jects of local legislation such ordinances
not to take effect until reported to and
approved by. the congress, if in session
by the president In this manner system
OF laws providing for the Incorporation
ing certain population, giving them the
power to establish and maintain a sVs-
TEN of education to be locally supported
and ordinances providing for police. san
itary, and other such purposes should be
speedily provided. I believe a provision
OF thls kind would be satisfactory to the
people OF the territory. It is proba BILE
that the area is too vast and the D0DIIIa1
ton too scattered and transitOry to make
it wise at the present time to provide Tor
d1uOns calling for local self government
viii undoubtedly very soon exist and viii
pc IaclHtated by the measures which I
have recommended.
MAKE PORTO RICO A TERRITORY.
L recommend that legislation to the
same end be had with reference to the
government of Porto Rico. The time
is ripe for the adoption of a temporary
form of government for this island:
and many suggestions made with ref
erence 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 it, as thoroughly
modern and scientific, so far as it re-
lates to business of internal business,
trade, production and social and pri-
vate right in general. The cities of the
island are governed under charters
which probably require very little or
no change. So that with relations to
matters of local concern and private
right, it is not probable that much if
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