; Kodiak Mirror
Published every Saturday at Kodiak. Alaska
Yearly Subscription Rate $5.00
Entered in the Postoffice at Kodiak, Alaska as Second
Class matter under act of Congress of March 3, 1878
THE ISLAND PUBLISHING COMPANY
Sig J. Digree, Editor and Publisher
Betha Digree, Executive Secretary
MEMBER OF ASSOCIATED PRESS
The Associated Press is exclusively entitled to the use or republica
tion of all news dispatches credited to it or not otherwise credited in
this paper and also the local news published herein.
^iews of cdmcHcM's List 'frontier
Judicial System Adequate
The judicial system as set forth
in the new constitution for the
proposed State of Alaska has come
in for a barrage of criticism as
presented elsewhere in this issue
of the Mirror.
The expressed opinion is that
;he people should make the deci
sion by vote as to qualifications
and fitness of a candidate for
judge. *i
We-lhost certainly concur in the
'remise that all elective officials
should be subjected to selection
by the voters, and that we should
oe governed by those selected by
the will of the majority. Democ
racy is at its best under those con
ditions. In the American tradition
his has proved itself. Fraught
with evils as this may be, selection
by the majority vote is better than
any other system devised by any
other country.
However, selection of a candi
date for a highly specialized of
ice such as a judgeship, should
not necessarily be left to popular
vote. The average voter cannot
oossibly be completely informed as
to a Judgeship aspirants beck
ground and qualifications. The Ju
dicial council as set up by the Con
stftution, composed as it is of
three attorneys, selected by the
Uar Association, three non-attor
neys, appointed by the Governor
with the consent of the legislature,
and the chief justice, would cer
tainly be better able to review the
candidates qualifications.
Three years later, following his
appointment, the voters can then
elect or reject him, on his record.
After that a superior court judge
must submit his name every six
years and a supreme court judge
every ten years.
A judge may be impeached or
removed for demonstrated inca
pacity to perform his duties.
These seem like adequate pro
visions to select and keep in of
fice a high type of judge. Certain
ly a Governor as an elective offi
cer is going to carefully select
before he appoints someone to the
bench. Poor appointees or those
chosen for purely political reasons
would reflect on his administra
tion. Members of the Council from
the Bar Association would be very
wary of naming an appointee from
one of their own profession for
the same reasons. After three
years, the voter is in a position to
weigh his merits, keep him in
office or reject him.
A criticism, if there is one,
would be that the apointee of the
Governor is not subject to the
approval of the legislative body.
We are not able to comment on
that except that we think it should
have been written into the Consti
tution.
The court system, as outlined by
the Constitution, applies principles
laid down by the American Bar
Association and other professional
and civic groups on the basis of
experience with the federal courts
and those of the forty-eight states.
We feel it is adequate, and
should be ratified along with the
rest of the Constitution when it
comes up for vote by the elector
ate April 24.
LETTER TO THE EDITOR
Fairbanks, Alaska
„ March 20, 1956
To the Editor:
The constitution of a state,
when adopted, becomes the funda
mental law of the state. By its pro
visions every citizen is held and
firmly bound; hence the necessity
of a study and a thorough under
standing of the provisions of the
proposed constitution for Alaska.
Section 2 of Article 1 provides as
follows: “All political power is in
herent in the people. All govern
ment originates with the people,
is founded upon their will only,
and is instituted soley for the
good of the people as a whole.” If
this section was not entierly nulli
fied by subsequent provisions con
tained in the proposed constitu
tion, I would be heartily in favor
of its adoption.
Under the proposed constitution,
the right of election is limited to
a Governor. Secretary of State and
Members of the Legislature. All
other public officials, including
Judges are to be appointed by the
Governor. This right of election is
not only forfeited but the right
of qualified lawyers to run for a
judgeship js denied.
Under the proposed constitution
counties will be called boroughs.
It has been suggested that consid
ering the outhority and powers
vested in the Chief Executive, and
if there is anything in a name,
Dictator should have been used in
stead i of Governor and Assistant
Dictator instead of Secretary of
State.
It has been suggested that pub
lic meetings he beld in every Pre
cinct of Alaska, as well as in the
larger towns, by the different or
ganizations, of both men and wo
men, for the purpose of studying
and discussing the provisions of
the proposed constitution. Speci
fic attention should be given to ar
ticle IV Article XI,entitled “Ini
tiative, Referendum, and Recall”
and Article XIII, entitled “Amend
ment and Revision,” beacuse it is
almost certain that some day the
people of Alaska will decide that
they are qualified to elect their
own public officials, and that it
will be found almost impossible to
amend the proposed constitution or
to initiate a law for that purpose.
In some of the states where the
citizens have the right to amend
their constitution through an inia
tive petiton the Judicary has been
taken out of politics. Eevery quali
fied lawyer should be able to run
in the primaries for a judgeship,
the two receiving the most votes
to become the peoples' candidate
in the general election. The one re
ceiving the highest ftumber of
votes becomes the Judge for all
of the people and IS directly re
sponsible td them for a fair, ita
partial and Just administraiton of
the law. He is not then under ob
ligation to any political party or
to the man who appoints him.
I hope that every citizen of the
Territory of Alaska, before voting
on ratification of the proposed con
stitution, will carefully study its
provisions and make up his own
mind whether or not he is willing
to forfeit his right to elect his
own public officials. "Know the
truth and the trutlk'shall make you
free.”
Respectfully yours,
(s) Julien A. Hurley
P. 0. Box 1043
Fairbanks, Alaska
STUDY TO BE MADE
Washington (AP) — Two con
tracts were awarded the Fisheries
Research Institute of the Univer
sity of Washington for two special
Alaskan Fishery research projects.
Spokesmen for the Interior De
partment; said: that one contract
calling for an expenditure of
$35,000 provides one yes*: study of
the effect which pulpwood logging
will have on salmon fishing and
salmon streams.
A field station will be establish
ed near Ketchikan where detailed
observation of the biological and
physical changes resulting from
logging will be made.
The other one year study, cost
ing $20,000 will deal with the ef
fect on Alaska sea lions, hair seal,
salmon and halibut fisheries.
Mrs. John Verner, a registered nurse, takes the temperatures of five of her six children during
a checkup at San Pedro, Calif., in preparation for a mass tonsillectomy. Their father, a hotel chef,
keeps them in line. From left: Jean Marie, 9; Freda Lucille, 7; Jackie Charlene, 5; John, Jr., 4, and
Thomas Michael, 2. The sixth child, Judy Ann, 18 months, will have to wait. (AP Wirephoto)