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THE WARRIOR RETURNS
On another column the Hon.
James Wickersham announces
his candidacy for the office of
Delegate from Alaska to Con
gress. The Judge needs no in
troduction to Alaskans nor is it
necessary to extol his qualifica
tions and abilty to represent the
people of Alaska. His record in
the infamous mining scandals
of Nome shows a service to the
Territory and its courts that
is a credit to any man; a record
which cleaned out a viper’s nest
which operated under the er
mine robes of justice. Alone he
defeated, when a delegate to
Congress, the infamous “Alexan
der Bill” which would have giv
en to the packing combine and
trap operators, title to navigable
waters, making void all the prin
ciole set forth in that document
of liberty—the Magna Charta.
This defeat of the Alexander
bill was in the face of a favor
able report by the House Com
mittee on Mrchant Marine and
Fisheries. Without a vote and
alone he amended the bill to its
death on the floors of Congress.
His most recent service to the
Territory was an injunction to
stop illegal payment of Territor
ial funds to federal officials
under salary from the Govern
ment.
Through his many years of
residence in Alaska, he has con
sistently given his best effort
unselfishly and unstintedly for
the good of the Territory. The
calibre of his enemies—or lack
of calibre—marks his position on
questions as relates to the “com
mon class” of citizens.
The Alaskan at this time offers
tlie Judge congratulations as his
election is a foregone conclusion.
DELEGATE SUTHERLAND
-x
Hon. Dan A. Sutherland, Dele
gate to Congress from Alaska,
has announced that he will not
file for re-election to the same
office. He will have served the
people of Alaska ten years in the
national legislature beside his
service in the Territorial legis
lature.
Dan served his constituency
as he believed right regardless of
what powers were raised in op
position. Any mistakes he might
have made were not of the heart.
His fight for the unorganized,
general run of Alaska citizenry,
his fight against the Packing
Combine and the Bureau of
Fisheries, is an epic of which
any man may well be proud.
In 1921 was presented the
Fisheries Committee of the
House a bill which would allow
governing of the Alaska fisher
ies with a Fisheries Commission
to be composed of one Indian
fisherman, one white fisherman,
one Packer, the Commissioner of
Fisheries and one other to be
chosen by these men. Opposi
tion to the Indian on the com
mission was raised and it was to
be used as political ammunition
Mr. William Paul, who was at
Washington at the time said:
‘*You can leave the Indian off
that commission as it will be
used to your hurt. It will not
hurt our feelings and it will not
make any difference politically.”
Dan replied: “No, they have a
right to representation on that
commission.” The bill was de
feated in committee.
In his campaigns for election,
he had the opposition of the en
tire press of the Territory save
The ALASKAN and ALASKA
FISHERMAN; he had the Demo
Republican Federal Brigade cen
ter its full force against him,
yet in spite of that opposition
he was overwhelmingly elected.
Showing that in every respect he
enjoyed the fullest confidence of
the masses. Which can be en
joyed by no man who caters to
and favors the money powers.
Stepping aside at this time
Dan will carry with him the sin
cere admiration and respect of
every one cognizant of the po
litical affairs of the Territory
and the rapacious greed of the
Packing Combine with its sycho
phantic United States Bureau of
Fisheries.
_
ACTION IN ADMIRALTY
From Congressional Record, of
October 21, 1929:
Mr. Shortridge. * * * If I un
derstand the contention of the
Senator from Oregon it is that if
the individual or the owner of
! ihe vessel is accused of importing
or smuggling these noxious
[deadly drugs he should be pro
ceeded against by the Govern
ment and that the individual or
the shipowner shall have an op
portunity to prove if he can that
he is not guilty. It that be the
position of the Senator it would
seem to me to be sound. In oth- i
er words, if anyone is accused of |
this crime he should have an op- j
portunity to plead to that charge !
I than be condemned without a
j hearing and then be relegated to
a department here in Washing- j
ton to establish if he can, his in- j
n.ocence of the charge.
I Mr. Steiwer. I will yield in
;ust a moment. I want to make
a brief statement in response to
the Senator from California.
I thank the Senator from Cal
ifornia for his observations. In
addition to that, under the law
as we amended it at some
time when the matter was before
the Senate for consideration we
established the right of customs
officials to bring a proceeding
in rem against the ship. The de
fendant naturally has no elec
tion as to where that shall be
done. That election is made by
the United States Government..
When that action in rem is
brought against a ship under the
law as we were arranging it,
there was no jurisdiction in the
court to consider any plea of any
kind at all in behalf of the inno
cence of the accused owner or
master. The jurisdiction was
simply lacking. We provided
that if opium were found on a
ship, the penalty should attach.
The only thing the United States
Government would be obliged to
prove in that case would be that
cpium had been found on board
ship and that it had not been
listed in the manifest. If that
i
were true, the case would then
be closed and judgment would
be entered against the owner
and the master, and it would not
make any difference how jealous
he had been of his honor and
how zealous he had been of the
Government’s interest or what'
degree of diligence he might
have exercised, he would not
then have the opportunity and
the court could not permit him
to set that up as a defence eith
er in whole or in part
The only purpose of the pro
posal I am now bringing to the
I Senate is to enable the owner
or the master when he is accus
ed to present to the court proof
of the claim to his innocence
| and that he did not know and
rould not bv the exercise of his
’•easonable diligence have known
af the nresence of opium on
^oard the ship.
This is a right, as has hereto
fore been explained, which ex
ists even in greater degree in
those cases where the Govern
ment elects to let the matter be
settled as a tax penalty between
th Secretary of the Treasury and
the owner or master. It exists
there in greater degree, and it
seems to me no harm can come
in the enforcement of the law if
we allow the lesser degree of
jurisdiction to the United States
court to do that which the Se
cretary of the Treasury might do
in those cases which are brought
into court.
I might say that, as the Senat
or well knows, for centuries it
has been the policy and prac -
tice in our courts that when jur
isdiction attaches for one pur
pose, it inures for all purposes.
We have followed that rule in our
courts of equity and it has al
ways been regarded as a just and
proper way of procedure. It saves
expense to litigants and it sim
plifies the business of the courts
and gets away from unending,
interminable discussion and liti
gation. We merely propose here
to permit the court which takes
jurisdiction for one purpose to
determine the whole thing open
ly. to determine the whole thing
under process of law. I can no':
see how any Senator seriously
can argue that that relaxes the
enforcement of the laws against
the importation of narcotics.
APPLIES IN ALASKA
The argument by the Senator?
may Well be applied to the pre
sent official and legalized black
mail indulged in by the United
States Bureau of Fisheries and
the District Attorney’s Office
wherein they compel innocerk
fishermen to plead ‘guilty’ to a
charge of illegal fishing by
threatening to put on them a
fine of $400 and costs.
The charge of illegal fishing is
much lesser a crime than opium
smuggling. But basicly the prin
ciples of action are fundament
ally the same. Every man should
have his day in court to be ad
judged by a jury of his peers. It
is only proper that after a fish
ing crew has been found guilty,
action should be taken against
the boat. But it is basically
wrong to start action against
the boat without ascertaining
[the guilt or innocence of the
fishermen.
The Senator from California
| declares the individual must
have his day in court and then
if adjudged guilty action takes
against the boat. Which is all
that Alaskans have declared in
the past and ask for, for the fu
ture.
—
AFTER A RECORD
-x
The reason that the Bureau or
j official What-is-its and the dis
trict attorney’s office complains
against the boats rather than
against the men is because they
are desirous of making a record.
It matters not whether or not
tlie men are guilty or whether
they are being injured—GET
THE RECORD. Jobs of buric rats
and other vermin are more im
portant than the well-being of
residents of Alaska.
TROUBLES
“Say, I want you to do me a
favor. That blankety-blank Mr.
Blank has just pulled a dirty
deal on me and I want you to
give him a roast in your editori
al columns.”
Ever so often editors of every
newspaper hear requests equiva
lent to the above. Whether it be
your friends, or your enemies
they will beseech you “expose”
some “dirty crook” who has de
frauded them or theirs.
But few of them ever stop to
consider the position of the edit
or. In the first place, every edit
or is in a somewhat precarious
position. Instead of hiding his
thoughts, or confining them to
his close friends, he puts them in
black and white where the whole
And no matter whose opinion
iie expressed (if he should suc
cumb to such an entreaty) he is
sure to get the whole blame. Tne
“i'rieftd” finds it easy to make
subtle suggestions, and he sac,
l ack while the editor catches a
goodly portion of that thing call
ed hell.
Even without suggestions of
this nature, the editor has his
hands full.
If we write an editorial favor- j
ing the county distribution of j
auto licenses, we win the ire of
ihe state road commission, it ^
ve oppose it we make many en- j
omies.
If we favor, editorially, period
ical vaccination against smah
pox, we lose the readers who are
opposed to compulsory vaccina
tion.
If we point out that vivasec- j
tion is the only means of scienti
fic medical progress we are at
tacked by the S. C. P. A.
If we favor birth control, we
arc attacked by the fundament- i
i
alists who say that God intend
ed that every family should have
world may read them,
as many children as nature will '
provide. If we oppose birth con
trol, we are attacked by those
! favoring it.
If we advocate prohibition, we
lo.fe the bootlegger’s subscription.
If we advocate liquor, we lose the
teetotalers’.
If we advocate the Kellogg
r eace met, we're liable to lose
our Shure-Aim revolver adver
! tising If we denounce it,, the
| society for the prevention of,
1 -wars is on our backs,
i i
| Even if we write an editorial!
| against death, the national im- ,
dertakers association is likely to '
blackball us. I
And, finally, the weather is <
not a safe subject for editorials.',
: If we commend the fine spring ■
| weather we had last Friday and 1 -
Saturday, we’ll lose the support •
j from merchants who have over
bought on winter goods. j
J Theoretically, of course, an
! e litor is a robot who shoots at j
; I he mark. He applies the axe'
and lets the chips fall as they j
! may. But, practically—well, try j
it, once yourself.—Spencer, West!
Virginia, Times-Democrat.
SITTING IN HIS OWN CASE
-x
New York Times
. Senator Vandenberg of Michi
gan, one of the clearest heads of
the Senate has introduced a bill
providing for the substitution of
judges in “indirect contempts”
of court personal in their na
ture. He proposes to amend the
Judicial Code so that a defend
ant in any proceeding on alleged
contempt “arising from an at
tack upon the character or con
duct of the judge,” not made in
open court, may hie with the
court a demand for the retire
ment of the sitting judge from
the proceeding. The .thing u
tcmatically produces that retire
ment and a imw judge is desig
nated. The demand must be
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