The Alaska citizen., 1911-11-06

of Alaska TO amend any of the laws
III antioEed and extended in section
No. 4. the very oct itself would be
null and void.
Fer the purpose OF argument |
will grant that you are right in
your contention and that Section No.
contains provisions that can not
be changed by the Alaska legisla.
ture and that you only meant to ex-
tend such laws to the territory OF
Alaska in that section.
Then | will ask you this question:
Are there any other laws in force at
the present time in the District OF
Alaska that il extended to the Ter
ritory of Alaska in the enabling act
could be altered, amended or te.
pealed by the legislature of Alaska
without the consent OF congress. In
other words. has congress granted
in the enabling act the authority to
the legislature of Alaska to alter,
amend CT repeal any laws now In
force and extended to the territory
of Alaska. under the same au-
thority that congress granted to
the thirteen different territories cit
ed by you as authorities for your
bill? II there are, under what sec
ton do you Extend them? In other
words. if you do not extend all
the laws in force in the District Of
Alaska under section A. or some
other section in your bill, what do
you do with them? Is there any
any Of the laws in force now? And
what will become of all the laws
in force in the District Of Alaska
and not included in Section in
your bill in the event It becomes the
law?
These are the questions that the
people want to know. Leaving 1t for
you to answer them, let us examine
Section I in another light Now,
bearing in mind that territories have
home Iule only on good behavior, |
will ask you another question: What
laws in force now in the District OF
Alaska does that Section No.
designate as being alterable. amend
able or repealable by the Alaska
legislature. by and with the consent
vi hCiV olS 'hiCC Niooo
es in that section. The first con
tains the extension Of the constitu-
ton of the United States and all
the laws thereof; as to that we
must positively say NO" The sec
ond clause refers to the executive
and judicial departments. TO which
we must sd No" for the reason
that the language OF that clause
puts the executive and judicial de-
partments exclusively within the
contr,l of congress.
The third clause. namely All the
laws of the United States establish
ing civil government in Alaska
and extending the laws OF the Unit
ed States thereto" What laws. for
instance. do you include in that
clause? Now | ask you as lawyer
and a Judge is it not fact that
these laws that congress passed
March II. 1884, entitled an act pro
viding civil government for the
district Ct Alaska. and especially sec
ton No. : of that act provided that
the general laws of the state of Or
egon now in force are hereby de-
clared to be the law of said dis
trict? or the two subsequent acts OF
congress, enc approved March 3,
1899. the other June g. 1900, embrac-
ing a criminal code, a political code.
a civil code and now compiled and
known as "Carters Annotated Code
Is it not fact that you do extend
all the laws in force now in the
District of Alaska by your bill 10
the territory of Alaska including the
Alaska code as well, to be in full
force and effect until altered, amend
ed or repealed. How?-by or with the
consent of congress? And that in
event your bill passes, the legisla-
ture of Alaska can not have any au-
thority to amend one section OF the
Alaska Codes until 1t receives the
consent of congress? And that the
Alaska legislature only have the
authority to petition congress, which
rights we lleady possess?
In view of the foregoing
observations and questions.
don't you think that the pow
er of the legislature as TO existing
laws in Alaska is at least suscept.
able of some doubt. and that it
would be but the part OF wisdom to
remove the doubt and make certain
that our legislature would have the
same legislative authority as the
other territories enjoyed, namely to
have the authority granted 10 amend
the Alaska Codes.
Reserving the right TO pass other
remarks on Sec. No. 10 in your
bill, lremain respectfully.
MARTIN HARRAIS.
Breeding over being broke never
n olnad n rehuild a hank roll,