The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-06

Green and Gaynor, and Benson. Were
these isolated and special cases, 1
should not call your attention to them;
but the difficulties encountered as re-
CARDS these men who have been indict-
ed for criminal practices are not ex-
ceptional; they are precisely similar in
kind to what occurs again and again
in the case of criminals who have suff1-
cient means to enable them to take
advantage of system of procedure
which has grown UP in the federal
courts and which amounts in effect to
king the law easy of enforceme nt
against the man who has no money,
and difficult of enforcement, even to
the point of sometimes securing i'm
munity, as regards the man who has
money. In criminal cases the writ of
the United States should run through
out it's borders. The wheels of justice
should not be clogged, as they have
toned. where it has proved absolutely
impossible to bring the accused to the
place appointed by the constitution
for his trial. Of recent years there
has been grave and increasing COM
plant of the difficulty of bringing to
justice those criminals whose crimi-
nality, instead of being against one
person in the republic, is against all
persons in the republic, because it is
against the republic itself. Under any
circumstance and from the very nature
of the case it is often exceedingly diff
cult to secure proper punishment or
doing against the government By the
time the offender can be brought into
court the popular wrath against him
has generally subsidized; and there is
in most instances very slight danger
indeed of any prejudice existing in the
minds of the jury against him. At
present the interests of the innocent
man are amply Safeguarded; but the
interests of the government, that is,
the interests of honest administration,
that is the interests of the people, are
not recognized as they should be. No
subject better warrants the attention
better warrants the attention of the
bench and the bar throughout the
United States.
Alaska, like all our territorial &C
QUESTIONS, has proved reSourceful be-
yond the expectations of those who
made the purchase. 1t has become
the home of many hardy, industrious,
and thrifty American citizens. Towns
of a permanent character have been
built. The extent of its wealth in
minerals, timber, fisheries, and agri-
culture. while great, is probably not
comprehended yet in any just meas
ure by our people. We do know, how
ever, from a very small beginning its
products have grown until they are a
steady and material contribution to
the wealth of the nation. Owing to
the immensely of Alaska and its loca-
ton in the far north, it is a difficult
matter to provide many things eS-
Sential to its growth and to the hap
piness and comfort of it's people by
private enterprise alone. 1t should.
therefore, receive reasonable aid from
the government. The government has
already done excellent work for
Alaska in laying cables and building
telegraph lines. This work has been
done in the most economical and eff
ficient way by the signal corps of the
army.
In some respects it has outgrown
its present laws, while in others those
laws have been found to be inadequate.
In order to obtain information upon
of the department of justice, in whose
judgment l have confidence, to visit
Alaska during the past summer for the
purpose of ascertaining how. govern
ment is administered there and what
legislation is actually needed at pres
emit A statement Of the conditions
found to exist, together. with some
recommendations and the reasons
therefor, in which strongly concur,
Will be found in the annual report of
the attorney general. In some in
stances feel that the legislation sug-
geSted is so fmperatively needed that
am moved briefly to emphasize the
attorney generals proposals.
Under the code of Alaska as it now
stands many purely administrative
powers and duties, including by far
district judges or upon the clerks of
the district court acting under the di-
rection Of the judges, while the gov
ernor, upon whom these powers and
duties should logically fall, has moth
ing specific to do except to make an
nual reports, issue Thanksgiving day
proclamations, and appoint Indian
policemen and notaries public he
lieve it essential to good government
in Alaska, and therefore recommend
that the congress divest the district
judges and the clerks of their court of
the administrative or executive func-
tons that they now exercise and cast
them upon the governor. This would
not be an innovation; it would simply
conform the government of Alaska
to fundamental principles, making the
governorship real instead of a
merely nominal office, and leaving the
judges free to give their entire atten-
ton to their judicial duties and at the
same time removing them from a
great deal of the strife that now en-
harnesses the judicial office in Alaska
1 also recommend that the salaries of
the district judges and district attor-
neyS in Alaska be increased so as to
make them equal to those received by
corresponding officers in the United
States after deducting the difference in
the cost of living; that the district at
torneys should be prohibited from en-
gaging in private practice; that United
States commissioners be appointed by
the governor of the territory instead of
Dy the ulStr1cl Judges, and that fixed
salary be provided for them to take the
place of the discredited fee SYSTEM"
which should be abolished in all offices;
that mounted constabulary be created
to police the territory outside the linn
it's of incorporated towns-a vast sec
ton now wholly without police protec-
ton; and that some provision be made
to at least lessen the oppressive delays
and costs that now attend the proSecu--
ton of appeals from the district court
of Alaska There should be a division
of the existing judicial districts, and an
increase in the number of judges.
Alaska should have a delegate in the
congress. Where possible, the congress
should aid in the construction of need