DECISION IN DELEGATESH1P FIGHT
SHOULD HAVE BENEFICIAL SEQUEL
Invalidating of Election Law Calls for Extension
of Powers of Territorial Legislature—Status
of Soldiers and Natives as to Citizenship
t IK Fharles A. Derry >
Now that tin* national house of rep
resentat i ves has finally disposed of
the WicUersham-Sul/.er election eon
test by seating James Wickersham as
delegate from Alaska, it may not he
amis- at this time for Alaskans to
conshb r tin* effect of this decision
upon future legislation and policies of
the territory.
It may be said at the outset that
tin action of the house will he ac
cepted by all good citizens as the
final word in this now locally famous
case. We may not follow tin* reason
ing by which the decision was arrived
at, but it must be acknowledged that
the case has been settled by consti
tutional methods, and there will he
no hue and cry of "thief" ami "robber"
no blackening of the characters of
the men responsible for the determin
ing of the contest, which at least is
one thing to be thankful for. In the
absence of knowledge as to what the
report of the committee was on the
main questions in dispute, it would
be idle. also, to take issue with the
bindings of either the committee or
the house.
Leaving out the question of parti
sanship. the detftdon is of great mo
merit because of the questions that
have been disposed of in this eon
test and there are of interest at this
time particularly because their dis
cussion may he of benefit to the mem
bers of the incoming territorial legis
lature in defining the status of that
body to some extent as a law-making
institution.
Three main questions were at issue
in this contest, as follows.
First The validity of the terri
torial election law. which provided for
what is known as the "Australian bal
lot "
v 11 n' i in'- i III /Munnil llil
tiv* to exercise tin* franchise; and
#,T:rd The question of whether
soldiers in the service* of the United
State government, located at points
distant from the places of their en
listment, can acquire a local residence
and a vote.
Apparently the effect of the deci
sion of the house of representatives
i 'V; * Mi • territorial election law is
nullified; that Alaska natives are en
d 1 ■ ed with tin* franchise; and that
United States soldiers can not vote,
or at least that they can not acquire
a legal residence at army posts for
purpose.- of participating in local elec
tions.
Territorial Election Law
Prior to tin- passage by the terri
torial 11‘gislarure of tin* Australian hul
lo! law it was possible for a voter, un
d»T certain circumstances, to make
known his preference at tin* polls in
am.M.it an., in.iinn i that would make
his intention clear to the election of
ficials. Wickersham contended that
fin U'i-ka legislatin'!* was not author*
i/.!*d to legislate on flu* subject of tin*
eh*! turn lor delegate, because that
mutter was covered by the act of con
gnss creating tin* office of delegate
for Alaska.
In i»- enabling act the territory is
prohibited from legislating on a mi in
i'* r of subjects, including the liquor
question, tin* primary disposal of tin*
oil and the fisheries. It will he sin
< • rely regretted that these restric
tions have, been added to. and that
among the many acts of the terri
torial legislature that have been in
validated is to be placed one of the
most vital acts of that body, the one
whose aim is to safeguard the purity
of elections.
Delegate Wickersham often has ar
gued that the agitation in favor of a
“lull territorial form of government"
was uncalled for. hecuuse Alaska has
practically the same powers as were
extended* by congress to other terri
torial governments. Yet apparently it
has been necessary for him to contra
dict his own reasoning by invoking an
act which further restricts these lim
ited powers.
It is needless to say that one ef
fect of the outcome of the delegate
shit) contest will be to arouse renewed
interest in the matter of increasing
territorial powers.
Right of Natives to Vote
It was shown that in the l!*lf» elec
tion numbers of illiterate natives
were allowed to vote at several points
in the territory Sul/.er made the
'charge that these were schooled by
Wickersham’s followers so that they
| would he able to cast a vote for Wick
orsham. As a counterargument
Wirkersham pointed out that in
Southeastern Alaska natives voted for
Sul/.er. The latter attempted to show
land doubtless did show) that these
native's were educated and east their
j votes intelligently.
The matter of the right of Alaska
i natives to exercise the franchise has
) been a disputed question for many
, years. It is a great pity that a court .
ruling never lias been made on this
subject.
If is contended, and with what
seems to he good reason, that the
treaty with Russia, by which the
United States secured title to the t* r
ritory embraced in what is now
Alaska, expressly provided that the
natives, together with the Russian
subjects then in the territory, and
their descendants, should become citi
zens of the United States with the
transfer of the territory. By virtue
of this treaty provision natives have
been allowed to vote in several pre
cincts for many years without seri
ous dispute.
lucre nas ueen an aueni|it also to
give the Alaska natives (lie same
status as Indians enjoy in the States;
that is. that they became citizens of
tile l nited States upon Severing their
tribal relations and living eviilized
lives.
The Alaska legislature has attempt
ed to settle tile question tint the pro
scribed procedure seems to have
been "more honored in the breach
titan in the observance.” An act was
passed providinig that natives desir
ing (o exercise the privilege of citi
zenship might appear before the dis
trict judge and after passing a pre
scribed examination as to their quali
fications, and satisfying the court that
they were not livinig under tribal
i laws, they might lie declared citl
| zens.
It is to lie hoped that the outcome
of this election contest will determine
officially the status of the native as j
to citizenship.
The Soldier Vote
Judge Wickersham contended that
soldiers al Fort (illilmn votel illegally
in the llllii election, and asked that
the vote of that precinct should be
thrown out. It was shown that all
of the soldiers who voted did so with
full knowledge of the law, and that,
being challenged, they each swore
that they had acquired a legal resi
ilenee in Alaska.
The right of soldiers to vote at the
points at which their organization hap
pens to be stationed lias long been a
j moot question. Court decisions can
lie cited sustaining both sides of the
dispute. Sulzor contended that a sol
j <licr could acquire the right to vote
in a given locality under the same
! circumstances as could any other citi
| zen. by residing the requisite length
! of time in the territory and precinct,
j Surely a soldier should lie given the
same rights in this respect as any
I other employe of the government
say a United States district judge, for
instance.
A strict application of Judge Wick
i-rsham's view of file law on this sub
I jeet would deprive the signal corps
j men of the right to vote, and some of
these .. operating the telegraphic
facilities of the North, have been in
the territory for years, and it is as
much their home as it is that of other
citizens.
What Will Be the Outcome?
Delegate Wickersham will occupy
his seat in the house at least until
March -I next, lie owes it to his
constituents to devote the period be
tween now and that date to an at
tempt to remove some of the dis
abilities under which the territory is
at present laboring. Besides being j _
forbidden to exercise control over its j •:
own elections, which this contest ap i;
parently has established, the terri
tory is at the present time conducting i :■
a tight to establish the validity of its :•
revenue law, which has been attacked ; •:
by the great fishing interests on the
ground that it is without authority to •:
tax them. Should lb y he successful1:!
in the supreme court it would mean
the loss of hundreds of thousands of :
dollars in revenue to the territory.
There is a serious question as to S
the validity of the territorial mining :
laws, it being contended that congres- '
sionai acts (the Waskey acr jq par
ticulnrl take precedence ov.-i ihc lo
cal laws Judge Wlckersham hlmsidf X
brought Up Ibis question during tile
last campaign.
The territorial legislatun which x
meets in March next, will have plenty
of work cut out for it. hut its first
act should he to endeavor to impress x
upon congress the necessity fur real'!:;
borne rule for this ntuch-ncgh t ted ter !•;:
ritory. 11 must he evident to all our x
people by this time that th" "home 1 x
rule" act foisted upon Alaska was ! x
somewhat in the nature of a gold '
brick KVw of th<- measure passed I ij:
1>> the legislature eretited under its i
provisions which have been brought x
into question have stood tile test of j'::
the courts, and instead of "ruling" the :::
territory, the people's representatives V
have so far succeeded mainly in chit
tering up the statute hooks with laws :j:
which either have been invalidated or
fail of their purpose because no tit Si
tendon is paid to them. i-i
If the Wiekershum Stilzer . lection
contest has taught nothing elm. it jji
surely wili strengthen the impi ession £
that there is necessity for a I- gisla :::
lure whose acts shall bear tit* .tamp x
of authority,
♦
Jot) printing at Daily Times office
NOTICE OF APPLICATION FOR j
LETTERS OF ADMINIS
TRATION
In the I nited Stales ('ommisBioner's X
Court lor Cordova Precinct, Terri- x
tory of Alaska (in Probate).
In the matter of the Estate of Nick iv
Aboff. deceased.
Notice is hereby given that if. E. x
Holden lias filed in the commission
er's court of Cordova precinct. Alaska,
a petition praying that letters if ad
ministration tie issued to him upon g:
tile estate of Nick Aboff. deceased,
and that Wednesday, the 16th day of j:j:
January, 1919, at 10 o’clock a. in. of
said day, at the court room of said
commissioner’s court, in tlie city of iji:
Cordova, territory aforesaid, hat been1'*
set for hearing srid petition. '
and where any person Interested may
appear and show cause why the
prayer of said petition should not be
granted.
Witness the Hon.
(Seal) A. .1. ADAMS,
Judge of th(> said Commissioner’s
Court, and the seat of said Court
hereto affixed, this 30th day of
December, 1919
NOTICE OF APPLICATION FOR
LETTERS OF ADMINIS
TRATION
In tile United State;'. Commissioner's
Court of the Territory of Alaska,
for Cordova Precinct tin Probate).
In the matter of the Estate of Will
iam Herroid, deceased
Notice ir; hereby given that K. CL
Robinson has filed in the commission
er's court of Cordova precinct, Masks,
a petition praying that letters of ad
ministration be issued to him upon
the estate of William Herroid, do-1
censed, and that Wednesday, the tilth
day of January, 1919, at 111 o'clock
a. m. of said day, at the court room
of said commissioner’s court in the
city of Cordova, territorj aforesaid,
has been set for hearing said petition,
when and where any person interested
may appear and show cause why the!
prayer of said petition should not be;
granted.
Witness the lion.
(Seal) A. J. ADAMS.
Judge of the said Commissioner's
Court, and the seal of said court
hereunto affixed, this 30th day of
December, 1918.
.
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