Our Constitution
(An Editorial!)
Alaska’s proposed State Constitution has been
written and duly signed by 54 convention delegates.
It was written at a convention that was one of
the most remarkable gatherings of state ever held in
Alaska.
Men and women from all parts of the Territory,
who represent virtually every shade of political creed
arid vastly different backgrounds, gathered for 75 days
to thresh out deep and serious problems concerning
this Constitution.
In the heat of the most bitter controversy that
flared, political considerations remained buried. Fur
thermore, the delegates remained to the end, welded
together by a realization of the importance of their
task.
It was obvious that regional or group consider
ations were not part of their deliberations. They
worked together for the good of ALL of the Territory.
The document they have completed has been
hailed by learned political science authorities as a
model constitution. If ratified, it will stand the test
of time and changing conditions.
The Alaska Constitutional convention did some
thing else that is “model” in our opinion. The con
vention proved that Alaskans of every political creed
from every corner of the Territory can gather together,
work for the common good, exhibit statesmanship
on the highest plane, and produce results that will
equal or exceed in wisdom and organization the best
such a gathering in any state of the union could do.
Wc congratulate the men and women who wrote
this constitution. They worked endless hours, per
formed exhaustive research and weighed facts care
fully before each decision. They worked together
for the good of the Territory. *
They can look with pride on the task they have
accomplished, because the document itself . . . and
the manner in which they wrote it . . . put the finest
possible reflection on ALL the people of Alaska.
Convention President William A. Egan and his
fellow delegates can return to their respective homes
throughout the vast area of our great future state of
Alaska secure in the knowledge that they, individual
ly and collectively, have completed an American docu
ment in the finest American tradition.
Document Termed
'One of Finest'
(Continued from page 1)
retain him in office or eliminate
him. Thereafter, each superior
court justice goes on the ballot
every sixth year, and each su
preme court judge every tenth
year. The judges do not run on
any ticket; their names are simp
ly submitted to the people for
approval or rejection.
Three Consultants
The three consultants present
when the constitution was signed
agreed that the apportionment
provided for in the constitution
will give Alaska the first truly
representative legislature in its
history.
Alaska is apportioned into 24
election districts from which 40
members of the house arc select
ed entirely on a basis of popu
lation. The 24 districts are
merged into 12 senate districts
from which one senator each is
elected. Then the 12 senate dis
tricts are merged into four larg
er districts roughly correspond
ing to present divisions, with two
senators at large being elected
from each of the four districts.
Local Government
Local government in. Alaska is
invested by the constitution only
in cities and boroughs. Actually,
a borough is a streamlined form
of the old county. There are in
corporated boroughs which pro
vide their own local government,
or unincorporated b o r o u g h s
where citizens assume limited
local responsibility while the
Mate provides whatever assist
ance is needed. The constitution
leaves to the future legislature
the task of establishing bound
aries for the boroughs.
The constitution endeavors to
eliminate duplication of services,
and friction, which frequently
arises between county govern
ment and city government in the
V .n.
The governing body of a bor
ough will be an assembly which
shall include one or more mem
bers of the city council from
whatever municipality that may
lie within the borough's bound
aries. Thus the governing of the
borough will be done jointly by ;
the city and county or bor
ough as it is called in Alaska, j
The expression borough as used j
in the constitution is strictly a j
name, and is not linked in any j
manner with the type of bor
oughs that exist in New York
or Pennsylvania.
Resources Section
In the matter of resources, the
convention drew up what the con
sultants term "excellent provis
ions for fullest possible develop
ment while at the same time pro
tecting the state’s resources.*'
The state retains residual
rights to all lands and resources,
and wherever possible all use of
Alaska resources must be on a
sustained yield basis. Permits arc
granted to make use of resources,
but no title is granted to any
thing in the public domain. Sep
arate permits may be issued to
exploit various resources on the
Convention Was...
(Continued from page 1)
| the whirl of ideas and well
! equipped with the ability to use
| words.
Though not followers of the
art of persuasive debate, Doug
: las Gray, Douglas hotel owner,
and Ed Davis, Anchorage lawyer,
wielded considerable force when
j an issue involved a principle.
Full Attention
j Both commanded full attention
! during their respective bouts at
j orat ion.
The serious-faced understate
i merits of John Hellenthal served
is counter balance for the oc
j ealthhal overstatements of Sea
! born B u e kale w. Both men are
Anchorage lawyers. Hellenthal
! ‘advances'’ while he talks em
phasizing high points by taking
a forward step.
Much To Sav
Many of the convention’s
young men —ages from 30 to 40
i -.had a great deal to say on all
major issues. Barrie White, An
S chorage news dist ributor, claimed
| high respect for his method of
taking each issue as a separate
! entity, examining it from all
j angles and resolving It inde-!
pendentty of all other decisions.
Another dedicated young dele- ;
gate was Victor Fischer, city i
planner from Anchorage, whose
low measured voice is no cover
up for strong feelings.
Humor was seldom lacking in
the Speeches of Steve McCutch
eon, Anchorage photographer,
and George McLaughlin, An
chorage lawyer. Often high
tempered and flinty, the two
men held firmly to their views
without forgetting the conven
tion's unwritten motto affirming
the blessedness of compromise.
Quiet Men
will* quiet mien, ana even i
temper, delegates the type of!
James Hurley, Palmer agricul
turist. and W. O. Smith, Ketchi
kan fisherman, inserted many j
views pointing up the needs of
Alaska’s smaller areas. But they j
always kept an eye on the si mi- j
Jar needs of the state-to-be as j
a whole.
The personality exercising a j
constant influence on each dele
gate has been that of Win. Egan,
admired by all delegates as the
best of all possible choices for
president of the convention. In
a spirit of fun and fairness, he
controlled without bossing and
never allowed reasoning to be
replaced by scoffing,
same land. The constitution states
explicitly that the state does not
intend to interfere with any In
dian claims or any federal pro
perty.
The preamble to the constitu
tion reads, “We, the people of
Alaska, grateful to*God and those
who founded our nation and pi
oneered this great land, in order
to secure and transmit to suc
ceeding generations our heritage
of political, civil and religious
liberty within the Union of
States, do ordain and establish
this constitution for the State of j
/Alaska.’’ ‘
GOVERNOR B. FRANK HEINTZLEMAN
Governor Heintzleman Has
High Praise for Delegates
(Editor’s Note: The following
Is the full text of a speech de
livered by Governor B, Frank
Heintzlcman at the signing
ceremony of Alaska constitu
tion.)
The act of affixing your sig
nature to a proposed Constitution
for the State of Alaska means to
you delegates the closing of a
period of extremely hard work
in which your time, energies and
talents were devoted in full mea
sure to achieving something
which you sincerely and earnest
ly hope will be of lasting value
to all Alaskans, present and fu
ture.
Offers Study
The object you have brought
into being offers a study of a
fascinating social process. Fifty
five individuals of varied back
grounds, temperaments and ideas,
and representing different reg
ions and vocational groups with
diversified interests, were brought
together to consider the most
complicated of social and polit- j
ical problems and blend them in
to a harmonious entity. By some
wonderful alchemy which defies
definition, this has been accomp
lished.
This marks a great stride to
ward ultimate self-government
and self-determination.
Produce Framework
The paper you have drafted will
serve to demonstrate to Ameri
cans everywhere the character
of political and social thinking to
be found in Alaskans. We are
confident that any comparison
that may be made with the peo
ple of the several states will
show that the plane (If our think
ing is as high as that of any other
unit of the Nation.
Long herips
This ceremony here today Is
not so much an ending as it Is
a beginning—a beginning of a
long series of related activities
which will be projected into the
distant future of Alaska and of
our Nation.
When you have affixed your
signatures to tilts document, you
will be standing in a similar po
sition to that of the members of
the Philadelphia Convention on
September 17, 1787, the day they
presented the American people
with a document entitled “The
Constitution of the United States
as Agreed upon by the Conven
tion.’’ Like you today, they could
look hack upon a period of ar
duous labor during which they
devised a means of reconciling the
conflict of sectional and other
special interests and built a
working frame for a vital democ
racy.
Living Document
But we remember that, at this
point, the product of the Conven
tion was still merely a document,
not yet a living Constitution.
They faced, as do we, the hurdle
of gaining ratification of this doc
ument by the people.
The Constitution of the State
of Alaska which you have agreed
upon, when presented for popu
lar endorsement, will not, I am
sure, have to pass through a per
iod of such bitter controversy as
did the Constitution of the Unit
ed States before it was finally
ratified.
Framers of Document
±5iit as trainers of the docu
ment, each of you v ill be ex
pected, and are conscience-bound,
to follow the lead of our fore
fathers and carry to the general
public of the area you represent
ed at the Convention, your inter
pretation of the underlying fun
damental principles and the def
inite terms of this document
which you have proposed as the
governmental foundation of the
State of Alaska.
The task now calls for further
public service. 1 can give you
little in the way of advice as to
how it should be done, but I can
at least refer you to the record
of the comparable period in the
establishment of our Constitution
of the United States, and in par
ticular to that series of essays
dealing with the Constitution
contained in “The Federalist.”
Alaska Version
Some of you will be called up
on to reenact, In some degree,
the role of Alexander Hamilton,
John Jay and James Madison in
producing an Alaskan version of
'The Federalist.”
History will serve to point out
many of the situations which this
Constitution can be expected to
face during the next three
months, but I wish to comment
on one which will probably recur
in many guises. In championing
the Constitution of the United
States during the adoption con
troversy, the proponents were
repeatedly called upon to an
swer many variations of the
charge that it was imperfect.
Limited Vantage
T h e s e who brought these
charges were generally viewing
the Constitution from the limited
vantage place of special interest
or sectional prejudices, or look
ing upon its parts as though they
were separate and unrelated. Un
doubtedly, the Constitution which
you have framed is already being
examined for imperfections.
The charges of Imperfections
can, of course, arise from special
interests, regional points of view
and the frequent propensity of
people to consider one feature of
a proposition without reference
to how it influences or is in
fluenced by other features of the
proposition.
Cite* Words
Perhaps you can draw strength
and comfort from the words of
Alexander Hamilton in “The Fed
eralist No. 85,’* the final essay in
the series in which he gives an
answer to all criticisms of this
nature:
*T never expect to see a per
fect work from imperfect man.
The result of the deliberations
of all collective bodies must
necessarily be a compound, as
well of the errors and prejud
ices, as of the good sense and
wisdom, of the individuals of
whom they are composed. The
compacts which are to embrace
thirteen distinct States in a
common bond of amity and
union, must as necessarily be a
compromise of as many dissim
ilar interests and inclinations.
How can perfection spring from
such materials?”
Speaking for myself, I believe,
from the reports of this Conven
tion as given currently by the
newspapers as the sessions pro
gressed, that this Constitution
for the State of Alaska is in its
entirety a good work, that it will
provide a foundation for a State
of Alaska of which we can be
proud, and which may cause some
existing States to reexamine their
basic charters with a view to ad
opting some of the Alaska fea
tures.
Not Perfect
If I find myself trying to pick !
flaws, I reread these words of
Hamilton: "No advocate of the
measure can be found, who will
not declare as his sentiment, that
the system, though it may not be
perfect in every part, is. upon
the whole, a good one; is the best
that the present views and cir
cumstances of the country will
permit; and is such a one as
promises every species of secur
ity which a reasonable people
can desire.”
The delegates to this Conven
tion are entitled to the commen
dation of all Alaskans, present
and future. They have given care
ful and reflective study to rel
evant material obtained from
States and other Governmental
units that appeared to offer some
thing of value which they might
use; they have shown a fine will
ingness to hear and consider the
views of Alaskans of all shades
of opinion, and to work for ac
ceptable compromises on impend
ing deadlocks; and, in general and
above all, they have worked hard
and conscientiously to produce
something that will promote the
social and economic welfare of
Alaska.
Go Down in History
I do not doubt that the names
of you delegates and your ac
complishments here will be fea
tured in histories of Alaska for
a long, long period of time, J
Constitution s Framers Pass
Resolutions Thanking School
Gratitude of Those Who Framed Alaska
Constitution Expressed in Series of
Resolutions Passed When Work Ended
|
Delegates to Alaska’s Constitutional Convention were
; guests of the University of Alaska throughout the 75 days
of their convention. And they have indicated that they were
deeply impressed with the hospitality and consideration
they received on the campus.
The convention was convened in the University gym
nasium which was decorated and furbished especially for
this event. The signing ceremony
was also carried out in this gym
nasium.
The actual framing of the con
stitution was done in a building
which was known as Constitution
Hall. This was the University’s
beautiful new Student Union
building which is a badly needed
facility on the campus, but which
DR, ERNEST PATTY
students generously gave up so
that the delegates could he ac
commodated in modern quarters.
The legislature chose the Uni
versity of Alaska campus as the
site for the convention after
President Dr. Ernest N. Patty
had issued an invitation to the
legislators.
Passed Resolutions
After the constitution was
framed, delegates passed a num
ber of resolutions which showed
how deeply they appreciated the
hospitality and assistance of the
University staff and students.
Their first resolution was di
rected to the officials of the Uni
versity, It reads as follows:
Thank Officials
“Whereas, the Board of Re
gents of the University of Alaska,
the President, and other offic
ials of the University have pro
vided this convention with un
paralleled facilities in making
available the student union build
ing for the entire period of the
convention;
“Whereas, these facilities have
greatly aided the work of the
convention not only because of
the comfort and convenience
which they have afforded but al
so because of the tranquil yet
serious atmosphere which they
have provided;
“Whereas, a spirit of welcome
and cooperation has t been ex
pressed not only in words but in
action by every university of
ficial;
“Whereas, the University’s hos
pitality has been at great cost to
the University in the loss of the
use of its own building, in the
interruption of its own program,
in the increased load on its ad
ministrative staff;
“Whereas, the University has
shown its recognition of the work
of this convention by designating
the student union building “Con
stitution Hall,”
“Now, therefore he it resolved
that the convention hereby ex
presses its heartfelt appreciation
to the Board of Regents of the
University of Alaska, its Presi
dent and its entire administra
tive staff.”
atudents Remembered
The delegates also expressed
their thanks to the students of
the university in the following
resolution:
“Whereas, the students of the
University of Alaska have been
WHERE CONVENTION WAS HELD—This Is the University of
Alaska campus where the Constitutional Convention was held.
This aerial photograph was taken a year ago, and doesn’t show
the newly completed Student Union building which was Con
vention hall. The campus is located five miles north of Fair
banks on a hill overlooking the beautiful Tanana Valley.
i) —-— ——-——— -
deprived of the use of their
Student Union building for sev
eral months and inconvenienced
by the extra burden on all uni
versity facilities;
"Whereas, in spite of these in
conveniences the students have
at all times shown ,a spirit of
gracious hospitality;
"Be it therefore resolved, by
the delegates in convention as
sembled:
1. That the convention acknowl
edge its great appreciation to the
students of the University of Al
aska and wish them the fullest
measure of success as they pre
pare for future service in this
great state.
2. That the convention express
the hope that students of the
University now and hereafter will
ever be aware of the happy hours
spent by the Delegates together
in devoted work at Constitution
Hall and of the precious memor
ies the delegates carry with them
of their days at the University.”
l hank Professor
A member of the university
staff who gave much assistance
to the convention was Dr, Don
ald It. Moberg, professor of His
tory and Political Science. The
delegates expressed their thanks
to him in the following words:
"Whereas, Dr. Donald It, Mo
berg, Professor of History and
Political Science at the Univer
| sity of Alaska, has been active in
promoting constitutional studies
throughout Alaska, and
“Whereas, Dr. Moberg assisted
in the drafting and urged the in
troduction of the original House
Bill providing for the calling of
the Alaska Constitutional Con
vention, and
“Whereas, Dr. Moberg giive
freely of his time and advice to
various committees and delegates
of this convention in the draft
ing of committee proposals,
therefore
“Be it resolved by the Dele
gates in Convention assembled:
That the Convention acknowl
edge with deep appreciation the
generous assistance which Dr.
Donald R. Moberg, of the Uni
versity of Alaska, has given the
Alaska Constitutional Convention
| and the people of Alaska.”
Convention delegates unanim
ously passed a resolution during
one of their final, exhaustive
work sessions late last week
commending the city of Fair
banks for the hospitality shown
them during their 75 day stay
! here.
Introduced by Pair
Introduced by delegates Dora
M. Sweeney and Leonard King,
it read:
“Whereas, Fairbanks and the
Tanana Valley is known through
out the Tcrrifory as the Golden
Heart of Alaska, and
“Whereas, by the unfailing
courtesy and hospitality shown
by the people of Fairbanks, and
the Tanana Valley to the out of
town delegates to the Constitu
tional Convention dearly indi
cates that the term “Golden
Heart, of Alaska" is well de
served, and
“Whereas, their kindness, hos
pitality and graciousness have
greatly contributed to the suc
cess of the deliberation of this
convention, and
Appreciate Kindness
“Whereas, these delegates will
ever remember the kindness and
hospitality of the people of the
“Golden Heart of Alaska"
“Now, therefore, the delegates
to this Convention, from other
parts of Alaska, hereby tender to
the people of Fairbanks and the
Tanana Valley our heartfelt
thanks to those who have made
our stay in the “Golden Heart of
Alaska" so enjoyable, and,
“Be it further resolved that a
copy of this resolution be spread
' upon the journal of the proceed
ings of the Convention."
DELEGATE E. L. BARTLETT
Delegate E. L. Bartlett Sends
His Message to Convention
It was just the other day that Senator Bob Ellis of
Ketchikan and I were having luncheon in the Capitol when
Representative John W. McCormack, the Democratic major
ity leader, came in. After we had chatted lor a while Mr.
McCormack, always a staunch friend of Alaska statehood,
said to Senator Ellis, “I’m glad
you people are writing a consti
tution now.”
That is expressive of the at
titude of friends of Alaska state
hood in the national capital. They
do not know any more than do
we to what extent the writing of
that constitution and its approval
later by the voters will speed
statehood. They do know it is a
necessary step and they approve
our having taken it.
If a wish could be translated
into actuality, and a dream could
be provided with substance, then
I should be in Fairbanks Sunday
in response to President Egan’s
kind Invitation to witness the
signing by the 55 delegates of
Alaska’s constitution. It will be
an historic occasion.
In a very real sense this con
stitutional convention proves we
have come of age. The devoted
men and women who have served
as delegates by their work have
demonstrated the political ma
turity of Alaskans.
Difficult Task
I cannot think of any area
where, because of distances and
because of diversity of interests,
the writing of a constitution could
have been more difficult. Even
in the face of the formidable ob
stacles that confronted them, our
duly elected delegates have
sought to achieve those objec
tives best for all Alaska and not
for any special part of Alaska or
any special group of Alaskans.
Last Constitution
Certainly the statehood cause
cannot but be aided by the con
stitution, republican in—fm
democratic in principle, alert to
the requirements of the present
! and the needs of the future. As
it may well be the last constitu
tion written for a new state of
the American Union, let us hope
too that it may be judged the
very best to come from the mind
and hand of man.
TELEVISED COMMITTEE—1l*‘len Fischer emphasizes a point
before a television camera during televised committee meetings
early in the convention. Facing the camera are: Steve Mc
Cutcheon, Helen Fischer, Dora Sweeney and Elder Lee.
GALLERY FILLED—One of many classes of school children,
observing the activities of the convention, fill the v'tors’ gal
lery as they intently watch the proceedings.