Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-12-09
of the population, being still outside of ma

of the population being still outside of ma
tional citizenship
Either Alaska is still "appurtenant,' or
else though Incorporated territorially, its
status is anomalous In that it's native peo-
pie, being denied Incorporation, are on, pre-
cisely the same footing as the inhabitants
OF appurtenant territory, and the territory
itself lacks the customary pledge of admiS-
sion in due season into the Union a
state or states. The native AlaSkanS are
thus either the people of appurtenant ter
ritory or they constitute defective class,
an unassimilated political element, within
the United States.
Term of Occupancy.
How long is the term of occupancy of the
appurtenant condition? 1t lasts until ter
minated by Incorporation of the territory
into the United States by act Of Congress.
Justice Gray lays stress on the temporary
and transitory character of this occupancy.
THE system of duties" he says, tempo
rarily established by that act during the
transition period, was within the authority
Of Congress under the Constitution" But
termination of this status is a legislative
act and, as in transferring from the terri
torial condition to statehood, the judiciary
cannot usurp legislative discretion. AS JUS
tice White says: "Conceding that the con-
ception upon which the Constitution pro-
should be acquired unless the territory may
reasonably be expected to be worthy of
statehood the determination of when such
blessing is to be bestowed is wholly po-
utical question, and the aid Of the judiciary
cannot be invoked to usurp political dis
erection in order to save the Constitution
from imaginary or even real dangers" It is,
therefore, within the discretion of Congress
when to transfer the incorporated territory
to the status Of statehood, when to incorpo-
rate territory previously appurtenant, and
when by annexation to bring lands, whether
apparently fitted or untitled for ultimate
statehood into the status of appurtenant
territory. Thus New Mexico has been re-
tanned for half a century in the transition
state of the organized territory and still
occupies that status. Apparently, Alaska
was retained by Congress in the appurte-
nant condition for at least thirty-three
years, If it is not still in that status. The
appurtenant condition, like that Of the or
ganized territory, in which taxation with
out representation prevails, is un-American
and Congress may be expected to end it as
soon as the national and territorial welfare
demand or will permit. But when all is
said the termination Of this occupancy is
within the discretion of Congress in view
Of all the conditions and may be long de-
layed, and Chief Justice Fuller's descrip-
ton of this term of occupancy as '.indef1-
nite'' may be accepted as accurate.
Ex-secretary Boutwell,. in the North
American RevisW for August, notes the
indications of Supreme Court opinion in re-
spect to the temporary and transitory ma
ture Of the occupancy Of the appurtenant
stage, and suggests 3that the new acquisi-
lions must soona hes aut of the unincorpor-
ia L. -
demand of the anti,imperialists Will have
been satisfied, though only through a pro-
cess Of delay xi The issue was, however,
that of the existencebef this very power to
delay no wnen the
vital contention OF the anti-imperialists
and the decisiveness Of the defeat Is not
modified by theHaosthess Of the period dur
determine to eSXcis1 the contested power
II Congress wishes;-,tn promotion Of the
public welfare. AZ pfoiong this process Of
delay" it has only to refrain from the
legislative act; wnsse aS,e Its nature, which
of congressional intention to transfer terri
tory from the appurtenant to the incorpo-
rated stage.
suggestions Of the temporary and transitory
nature Of appurtenancy, robs his remarks
of much Of their comfort to hasty incorpo-
rationists by Indirectly indicating that SO
far as the PnHipplheS arc concerned this
status should be preserved for at least ten
years. He notes as an objection to the
view that the Constitution requires our
customs regulations to apply to this terri
tory that, II such were the case, we should
be unable to carry out the provision Of
the treaty Of Paris admitting Spanish ships
and merchandise to- Philippine ports for ten
years on the same terms as ships and mer-
chandise Of the, United States. If this rea-
son suffices to put the Philippines in the
appurtenant stage, It sufices, OF course to
keep them there for the ten years during