The Alaska daily empire., 1913-08-02

The difference between the system of government in Alaska and that else where in the United States now and in the past was presented to the jury in the Macdonald case in a strikingly clear and impressive manner by Jas. NJ. Shoup. one of the attorneys for the defense Mir Shoup showed that. so far as the criminal law is con- cerned, at least, the people of Alaska are yet a long way from selfgovern- ment
 Mir Shoup lived for many years in the Territory of Idaho, was a member of the Idaho convention that formed it's State Constitution, and later of it's first State Senate, where he helped to launch the Ship of State. Afterward, he lived for more than ten years in Alaska. and is familiar with the op- eration of the law in this Territory.
 That portion of Mir. ShOups address to the jury that had reference to Alas ka's system of government follows:
 The criminal procedure which Congres has provided for Alaska puts the defendant i'll a capital case at greater disadvantage in this Territory than persons so accused have ever been placed in before during the ex- istence of this government in any State or organized Territory. If person is charged with a capital crime in a State or organized terri tory, other than the Territory of Alas ka, and should hapepn to be in for eign country, he cannot be extradited unless the Governor of the State or Territory where the alleged homicide was committed requests the Secre- tary of State at Washington to demand his return from such foreign country at the expense of the demanding State or Territory And it is a just proceed ure, for the reason that the Governor is not under the control of the AttOT ney General of the United States and will be apt to act fairly and impartial ly between the accused and the pros ecutor and not ask for extradition un- less there is a local demand for it in furtherance of right and justice.
 But in Alaska the Governor is not consulted at all, charges of such of lenses being treated the same as if committed in a fort, arsenal, Indian reservation, or upon the high seas; which are offenses everywhere against the United States and not against State or Territory. In all incorporat ed Territories except Alaska prOsecu- tiOns for crime, made felonies by the Territorial Legislature or by Congress legislation for the Territory direct, are left entirely to the community, the same principles being applied applied as if the Territory were State; the United States Attorney and United States marshal having nothing to do with the prosecution of cases unless they are strictly Federal in their na- ture The Department of Justice at Washington had nothing to do with Territorial causes in other Territories. The only Federal official who had any thing to do with a case not Federal was the trial judge, sitting as a Terri tOrial judge trying such cases and governed by the Territorial laws.
 What is the system here? Con- gress has given Alaska criminal code and a code of criminal procedure COngres has made the crimes. Con- gres has prescribed the procedure The criminal code is similar to most of the State codes and applies to Alas ka alone Although crimes are called Offenses against the United States here, they are not what are generally known as Federal Offenses or Offenses against the United States. If the de fendant in this action, Joseph MacDon- aid. had been charged with the same Offense in any other Territory, as I have said, the Department of Justice at Washington could have had nothing to do with commencing an action against him or prosecuting him. But what is the system here. The Attor- ney General of the United States has the power to use all the force of his high office to find and bring witnesses from any place on earth to Alaska, to use their evidence to destroy this de fendant-evidence collected by human blood hounds whose only office when unleached is to run down the quarry.
 'The recall of judges by the direct vote of the people is a question which has been discussed throughout the country during the last few years, and one that has been condemned by many American statesmen and jurists on the ground that the uncertainty of the tenure of office will degrade the ju- dietary and impair the usefulness of judges. We have the most drastic ju- dietary recall system in the world. One man sitting in his office at the Capi- tai City of the Nation, can recall every Judge, United States Attorney and United States Marshal in Alaska. It is recall system which keeps the axe