The Montgomery advertiser., 1904-12-07


 ly similar in kind to what occurs again ano axain in the cases of criminais wno nase sufficient means to enable them to take ao- vantage of a system of procedure wnicn ns grown up in the Federal courts ana "h'en amounts in effect to making the isw of enforcement against the man wno has no money and difficult of enforeemen.' even to the point of sometimes securing I'm
 munity as regards the man who has money.
 In criminal cases the writ or the oniteo States should run throughout fts porders'
 The wheels of justice should not be clossea.
 as they have been clossed In the eases
 above mentioned. where 1t has proved abso-
 Iutely impossible to bring the accused to the place appointed by the Constitution for his trial Of recent years there has been grave and incrSasing complaint of the difficulty of bringing to justice those criminals whose criminality. instead of being against one person in the Republic. is against all per- sons in the Republic. because 1t is against the Republic Itself. Under any circumstance and from the very nature of the case it is often exceedingly difficult to secure proper punishment of those who have been guilty of wrcngdong against the Government. By the time the offender can be brought into court the popular wrath against him has generally subsded: and there is in most fn- | stances 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; ; hut the interests of the Government. that l 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 of the bench and the bar throughout the United States. Alaska.
 Alaska. like all our Territorial acquisi- tions has proved resourceful beyond the ex-
 pectations of those who made the purchase. It has become the home of many hardy, in-
 dustrious. and thrifty American citizens
 Towns of permanent character have been
 built. The extent of its wealth in mfner- als. timber. fisheries. and agriculture. while
 great. Is probably not comprehended yet in any just measure by our people. We do
 know. however. that from a very small be-
 ginning it's products have grown until they are steady and material contribution to
 the wealth of the Nation. Owing to the inn
 mensity of Alaska and its location in the
 far north. 1t is a difficult matter to pro- vide many things essential to its growth
 and to the happiness and comfort of It's peo-
 pie by private enterprise alone It 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
 wcrk has been done in the most economical
 and efficient way by the Signal Corps of the Army
 In some respects it has outgrown its pres ent laws. while in others those laws have
 been found to be inadequate. In order to obtain information upon which could rely caused an official of the Department of Justice. in whose judgment l have confi- dence. to visit Alaska during the past sum- mer for the purpose of ascertGining how government is administered there and what legislation is actually needed at pres ent. A statement of the conditions found Itr wt1f tn.a ,.-Eth Aa- tons and the reasons therefor, in which 1 | strongly concur, will be found in the annual report of the Attorney General. In some | instances I feel that the legislation sug- | gested is so imperatively needed that l am
 moved briefly to emphasize the Attorney. Generals proposals.
 Under the Code of Alaska as 1t now stands | many purely administrative powers and du- | ties, including by far the most important. devolve upon the district judges or upon the clerks of the district court acting under the
 direction of the judges. while the governor. | upon whom these powers and duties should | logically fall. has nothing specific to do ex- | cept to make annual reports. issue Thanks tgiving Day proclamations, and appoint In- dian policemen and notaries public l be- lieve It essential to good government in Alaska. and therefore recommend. that the Congress divest the district judges and clerks of their courts of the administrative VT cAeCuLNc tuHCIiOHS- tnAt they now eAeT- I else and cast them upon the governor. This
 would not be an Innovations; 1t would simply | conform the government of Alaska fo funda- l. 1 mental principles. making the goVernorship l a real instead of a merely nominal office,
 and leaving the judges free to give their
 entire time to their judicial duties and at | the same time removing them from a great
 deal of the strife that now embarrasses the | judicial office in Alaska.
 1 I also recommend that the salaries of the district judges and district attorneys in
 Alaska be increased so to make then, equal to those received by corresponding Of ficers in the United States after deducting 1 the difference in the cost of living; that the
 district attorneys should be prohibited from
 engaging in private practice: that United States commissioners be appointed by the 1 governor of the Territory instead of by 1 the district judges. and that a fixed salary ! be provided for them to take the place of l the dscredited fee system" which should l be abolished in all offices; that a mounted | constabulary be created to police the terri | tory outside the limits of incorporated towns Ia vast section now wholly without police protection; and that some provision be made | to at least lessen the oppressive delays and
 costs that now attend the prosecution of
 appeals from the district court of Alaska l There should be a division of the existing
 judicial districts, and an increase in the 1 number of judges
 Alaska should have a Delegate in the Congress Where possible the Congress 1 should aid in the construction of needeI wagon roads. Additional lighthouse,
 should be provided. In my Judgment. 1t i. | especially important to aid in such manner
 as seems Just and feasible in the construc-
 tion of a trunk line of railway to connect | the Guls- fl Alaska with the Yukon River l through American territory This would be
 most beneficial to the development of the | resources of the Territory. and to the com fort anda welfare of its people
 Salmon hatcheries should be established | in many different streams as to secure the preservation of this valuable food fish Salmon fisheries and canneries should be prohibited certain of the rivers where | the mass of those Indians dwell who live almost exclusively on fish.
 l The Alaskan natives are kindly, inteIli-
 gent. anxious to learn. and willing to work Those who have come under the influence l of civilization, even for a limited period
 have proved their capability of becominr
 self supporting self-respecting citizens, and | ask only for the just enforcement of law and intelligent instruction and supervision | Others, living in more remote regions prim- tive. simple hunters and fisher folk, who know only the life of the woods and the
 waters. are daily being confronted with 1 twentieth h-ce century civilization with all oi 1 it's complexities. Their country Is beins l overrun by strangers. the game slaughtered I and driven away and hitherto unknown and | fatal diseases brought to them, all of which combine to produce a state of abtect poverty | and want-which must result In their extinc- | ticn. Action in their interest is demanded
 by every consideration of justice and hu' manity
 The needs of the people are:
 The abolition of the present fee system whereby the native is degraded imposed