The Alaska citizen., 1911-11-06
Enabling Acts are Discussed

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The debate between Mr. Roth
and Judge WiCkersham is still
subjec, OF animated discussion
about town. opinion As Ia The fine
LEGAL point involved is still rife,
those who went there convinced OF
he II tn contention are st.ll OF the
same opinion. while these who iol,
lowed Judge Wickersham' course
OF easoning are more confirmed
than ever OF the soundness of his
position.
The question debated was this.
II the bill is passed as it now
stands that the legislature to re
created by this bill would no, have
authority 10 alter. amend or repeal
the code OF Alaska or of any single
section thereof until il first gets the
consent OF congress so to do
The Citizen has undertaken to
print the citations bearing on the
question involved, and they are
here reproduced from the volumes
marked FOR that purpose.
Tha, there can be no mistake and
no chance for the reader To get be
!uddied, the sections bearing on
the subjec, in question will be re-
produced from the Alaska bill along
with the others and the reader will
thereby be able 10 form his own
opinion as to who won the debate.
From Wicker-ham Point Of View
Alaska WAS ceded to the United
States by Russia on June 20. 1867.
were extended to the District, and
also Jurisdiction OF the courts OF
California, Oregon and Washing
ton. May u, 1884 An act providing
for civil government for Alaska
was passed, also extending the laws
of OREGON. In 1899 the criminal
code WAS extended. June e. 1900,
Carter's codes were enacted. They
consist OF political cCde. estab-
fishing executive and judicial
branches OF the civil government;
also a criminal code OF laws. and
criminal code OF procedure: civil
code OF laws and 2 civil code of
procedure.
These codes were ~ large meas
ure adopted from the laws OF Ore
son, supplemented by the acts OF
congress which is performing the
function OF legislating for Alaska,
because OF the fact that i'll extend
INK the civil government there had
been no provision for legislature.
Judge Wickersham claims il will
lie readily seen by compar-
ison with the enabling acts OF the
other territories. that If the legls-
lature OF Alaska were given the
bower 10 amend or repeal the laws
establishing civil government that
il would have geater powers than
have ever been given TO any terri
tory. Mr.. Roth's contention was
Just 10 the contrary. He insisted
that the legislature should have the
power 10 alter, amend. modify or
repeal the laws establishing this
civil governmenJ-th power to de-
s,roy the executive and judicial de-
pattments The first part of sec
ton four CT the bill con
tends Wickersham, extends the
protection OF the laws and the con
s,itution OF the United States over
Alaska Just as has been done with
all the territories of continental
America. In addition 1t provides
that the laws establishing civil
government; the executive and jul
dicial departments already in eX-
istence, and which will be co-ordin-
ale branches OF the legislature to
he created, in that civil govern
ment; shall continue in force until
amended, altered or repealed by or
with the consent Of congress.
As matter OF fact section four
of the bill, says Wickersham, on which
Mr.. Roth based his contention has
nothing whatever TO do with the
legislature OF Alaska. 1t has no
part In creating the legislature, nor
in extending the powers to it, nor
yet In placing limitations upon it.
Section five CT this bin creates
the legislature, and section ten
gives 1t It's power. and places all
the limitations upon it. The act
creating a legislative body with
powers TO make laws within certain
Limitations. also extends Of neces-
sity the same power to alter, amend
modify or repeal laws within the
same limitations In other words,
the contention OF Judge Wickersham
THAT II (Which 1t does mott sec
ton four of his bill had specifically
stated that both the civil and Grim
tnal code (the laws extended from
OREGON and supplemented by acts
Of cong,ess) could not be altered
amended. modified or repealed ex-