The daily morning Alaskan. (Skagway, Alaska) 1899-1904, 1900-06-12

closed the fact that thew hive been made
with a good cause, as W. conceive the
meaning and intent of the law to belt was
and is the duty OF the clerk to give to each
person to whom a Ii cense is granted,
document which shows that proper and
favorable action has been taken by the
court upon his application and that such
person had conformed to the law, and was
duly authorized and licensed to carry on
and prosecute the business therein desig
mated.
That such a document, when signed
and sealed with the seal OF this court.
would constitute the license contemplated
by law, and for which the Jerk can and
does charge and receive for his exclusive
use, fee of S..
Instead of performing the tstIes as clear
" designated by law, we find that it is
his universal practice to demand in every
instance fee of five doll rs, and then
simply give the applicant receipt for the
money he has paid.
While hundreds of licenses have been
applied for, ACCOMPANIED by the amount
for such licenses together with the clerks
fee of S. in each instance, We have been
unable to ascertain where asngIe license
has ever been issued bv the clerk in this
district; on the contrary only receipts for
the money have been i,sueo9
That of licanSeas uJt4O nv tha Drn-
visions OF the act are required to have their
licenses framed and hung in a conspicuous
place, have been compelled to violate the
law b Noncompliance with tnis require
ment of the statutes solely for the reason
that the clerk has wiltully persisted in the
failure to perform plain dutv, Bv reason
of this, those people have been made liable
to arrest and prosecution through no fault
of their own
The tendency of this state of affairs has
been to bring the entire license system,
more or less into rdicule Ind contempt.
AS an Illustration or the pernieious ana I'M
lawful practices of the clerk in the manner
of the conduct of his office in connection
with the license law, we desire to cite
your honor to one of the many cases to
which we have ha our attention called.
A firm at Unalaska made application In
good faith for a license TO conduct a retail
| liquor store. They accompanied their ap-
\ plication with the amount of the license
together with the clerks fee of S., They
received receipt with note as follows:
"Gentlemen Enclosed please find re-
! celpt for license, So that you need no other
documents (asde from internal revenue
! taxi now in order to carry OH your bust
ness for one wear from February I, 1000"
These persons, believing they had CONS
piled with the law and were properly pro-
tected and had immunity from arrest, were
| prosecuting their business when the Off
Gals there, finding them doing Ia business
without a license properly framed anc
posted, arrested the proprIetors, closed
their place of business and compelled
them to give bond for their appearance
in this court.
| The grand jury are unanimous IN the
opinion that the conduct, or rather the
misconduct, of the clerk in this connection
Is highly censurable, and we earnestl,
recommend to the court that such measure:
be adopted as will compel Clerk Elliot t.
perform his duty in this behalf, in a
proper and lawful manner.
And we further recommend that In all
cases where the license is dated back t
the first dav of July, when is reality bust
ness was not commenced until later date
the money for that intervening period b'
refunded to the party from whom it ha'
been extended so that it will cover ful
year,
And we also recommend to the cour
that steps be taken to provide the town o
Skagwav with a court house and Jail suit
able to the requirements and demands fol
such buildings.
In conclusion we wish to thank TIL
court, the district attorney and the mar
shall and his deputies for their able ant
efficient advice and assistance to thl
jurv. A. L. Cheney Foreman.