Seward daily gateway., 1926-10-30
MORE 0N D|M0ND'
(Continued from Pare One)

of the United States, had uniformly upheld these presidential reservations
 and had said that the proclamations
 making such reservations had the
 force and effect of law. There was
 every reason to believe that the Su- preme Court, if it should pass upon It he question, would say the same thing about the fish reserves.
 I have always been opposed to the
 entire system of reserves as applied to Alaska. I was specifically against
 created by President Harding. But I
 had every reason to believe that from
 a legal standpoint they were valid. have discussed the question with
 many able lawyers, and I have never heard one say that in his opinion the
 reserves so created were invalid.
 When we arrived at Juneau in 1923
 to attend the session of the Legisla-
 ture (and that was the first session of which was member) the matter of the fish reserves was first cOnSid- cred. A memorial was introduced in the House, House Joint Memorial No. 1, denouncing the fish reserves, and asking that they be abolished. This memorial did not offer to Congress any other plan for preserving the SUD- ply of fish, and when the memorial reached the Senate, Senator Cham berlain drafted and introduced sub stitute resolution, adopting practical ly everything included in the origin al House resolution, and urging the strongest possible way that the whole control of the fisheries be put in the hands of the Alaska legislature. This substitute memorial was voted down by Mr. Sutherland's friends in the Senate, and thereupon both Senator Chamberlain and myself voted for the original House Memorial which had been drafted by MT. Sutherland. We thus put ourselves unequivocally on record against the fish reserves, and in the language MT. Sutherland him. self chose.
 But that was not sufficient. Short ly thereafter a resolution was intro duced in the Senate by Senator Hunt, of the First division. It was known as Senate Joint Resolution Mo- 2. Sen ator Hunt said that it was introduced at the request of MT. Sutherland. This resolution directed the Attorney Gen. eral (Mr. John Rustgard). ito take such steps as he thinks proper to test the validity of the various Fish Re- serves recently created in Alaska by Presidential Proclanrations." While I had no hope that. the courts would hold the reserves invalid, 1 was per fectly willing to have the matter test ed in the courts, and so started on numerous occasions. But the resolu- tion did not stop there. It further directed the Attorney General: ito protect and defend any private citizen or corporation of the United States against any charge of the violation of any rules or regulations promulgated by the Secretary of Commerce or the Bureau of Fisheries attempting to deny to any person or corporation any riaht which in the opinion of the Attor- ney General is vouchsafed to such, person or corporation by the Constitu- tion or the laws of the United States, and, to that end, to defray the neces-' sary expenses connected with his or it's defense, including the engaging of attorneys to assist the Attorney Gen erai in the premises whenever he shall deem the same necessary"
 This meant, and could only mean, that we declared null and void the proclamation of the President, and the rules and regulations hereunder, (having the force and effect of law), creating and regulating the fish re- serves. It was plain rebellion. It would in all liklihoOd have led to bloodshed. For on the one side we should have had all of the Federal officials and the power of the United States gov ernment enforcing the rules and reg ulations concerning the fish reserves; and on the other side we should have had all of the Territorial officials ad- vising all people to disregard these laws and regulations. was not ready then, and am not ready now, to re- bel against the United States.
 I urged and implored MT. Suther- lands friends in the Senate to con- fine the resolution to the testing of the validity of the fish reserves In the courts, and said that l would then be glad to vote for it. But they would not do it. They amended the resolu- ton, but as amended it meant the same thing it did at the beginning, for as finally written it directed the Attorney General ito take such steps as he deems proper to test the validity of the various fish preserves created in the Territory of Alaska by presiden- dial proclamations; and to take such other steps as he may deem necessary to defend and render secure the com evidently believes that we are not fit to rule ourselves, and that we should be ruled from Washington. If he is right, the Alaska Legislature should he ahOliShed