904 spy 1 ALASKA Its Resources, Present Condition and Needed Legislation BEING A SYNOPSIS OF AN ADDRESS DELIVERED BY Hon. James Wickersham, U. S. District Judge of Alaska, Before the Respective Chambers OF Commerce of Seattle, on No- vember 5, 1902, AND Tacoma November 11, 1902 1902: ALLJ3N & LAMBORN FEINTING CO., TACOMA, WASH. ALASKA Its Resources, Present Condition and Needed Legislation BEING A SYNOPSIS OF AN ADDRESS DELIVERED BY Hon. James Wickersham, U. S. District Judge of Alaska, Before the Respective Chambers OF Commerce of Seattle, on No- vember 5, 1902, AND Tacoma November 11, 1902 * * 1903: ALLEN & LAMBORN PRINTING CO., TACOMA, WASH. .VV6 PREFACE [Editorial in The Seattle Post-Intelligencer, Friday, Nov. 7, 1902.] JUDGE WICKERSHAM ON ALASKA. The needs and the possibilities of Alaska have never been more inter- estingly stated than in the address made by Judge Wickersham before the Seattle Chamber of Commerce. The speaker knows conditions in Alaska. Its needs are open to him not only through his residence there, but also as they are disclosed in the conditions of cases that come before him as a federal judge. What he recommends can be considered as the impartial opinion of a highly intelligent and sympathetic man, formed on the spot from sufficient evidence, and free from the possibility of personal or party bias. These are the prime needs of Alaska as formulated in Judge Wicker- sham's address : 1. A public survey, so that land laws can be put in operation. 2. A delegate in Congress, either elected or appointed. 3. A weather bureau, because the question of climate in Alaska is always agitated and never understood outside of the district. 4. An extension of the homestead laws, permitting a settler to take up 320 or 640 acres of land. 5. The establishment of flsh hatcheries, to preserve and replenish one of the great resources of the country. 6. An all-Amerlcan route from Copper River into the interior. 7. Coast surveys and lighthouses along the entire coast, and especially about the Aleutian Islands. There can be no doubt that the carrying out by Congress of this rea- sonable and comprehensive plan would be of enormous benefit to Alaska as to the whole country. Not less interesting is the statement by Judge Wick- ersham that this territory is so vast and so rich that one day its political status must be recognized and its importance expressed by a division along lines fixed by the natural conformation of the country and the grouping of its interests Here is his idea : This fact must always be borne in mind, that some day four territories must be carved out of Alaska. You must consider that there are four great interests there, and not think only of the present territory. 1. In the time to come there will be the territory of Sitka, with a capitol at Juneau. 2. The territory of Alaska, with a capitol at Valdes. 3. The territory of Seward, whose capitol will be Nome. 4. And the territory of the Tanana, the vast interior, with a capitol at Eagle City or Rampart. This is a great vision, but a true one. The possibilities of Alaska today, with reference to the nation of which it is a part, are as those of the West were to the remainder of the country fifty years ago. It is an idea which all the people should grasp, which cannot be placed before them too frequently or emphatically, and which must become familiar to the statesmanship that would direct our destinies. a 3 o Qi m -a ^ Ml 3 3 o 25,600 24,800 30,000 30,000 37,200 48,500 49,000 38,000 41,350 51,750 131,100 195,400 154.000 199,068 64,117 78,305 129,000 105,309 103,340 205,500 321,400 601,150 435,455 953,932 585,042 1,540,697 P3 2 S a 3 "o O 9,847 67,387 113,601 57,394 61,300 175,675 255,061 243,000 138,945 106,865 163,004 201,990 135,600 414,400 409,464 314,813 236,997 637,120 560,371 564,877 588,794 1,021,319 486,500 711,600 527,281 1,206,473 36,000 54,000 74,850 120,700 190,200 420,372 709,347 683,382 799,294 480,000 699,002 678,500 637,000 874.596 989^448 960,365 1,098,833 1,534,745 2,032,858 o Eh 4,000 18,000 28,000 100,000 150,000 200,000 250,000 250,000 352,500 378,000 493,747 573,687 640,101 598,394 679,500 956,375 1,045,661 1,106,400 971,924 886,495 909,047 997,890 1,142,722 1,714,981 1,633,419 1,576,737 1,348,797 1,787,131 1,884,211 2,034,877 2,300,462 3,121,117 2,484,000 3,138,040 2,994,485 5,048,773 4. Minerals.— From the opening of the Seattle assay office on July 15, 1898, to October 31, 1902, the gold deposits from Alaska amounted to $12,412,413. The fall cleanup will bring this amount up to $15,000,000, which sum, however, is not the total output of (6) Alaska, for large amounts were shipped to government mints and other assay offices. Careful authorities state that two-thirds as much was thus deposited, and the total output of Alaska is estimated o have been $25,000,000 for the last four years, an average of $6,250,- 000 per annum. The mines at Nome and Dawson were located on "bonanzes" or "pockets" of exceptional richness. At Ophir Creek, near Nome, and other points in that vicinity, at Rampart, Koyukuk, Circle, Eagle, Valdes, and in the Tanana country, are vast areas of lower grade placer ground. These deposits will produce for many years, and when worked with water under pressure will, as they do now, yield rich returns to the miner. The legitimate mining industry in Alaska is only in its infancy. Little attention has been given to quartz mining, though valuable lodes have been located near Nome and in other parts of Alaska. Copper deposits of great promise are located near Valdes, while extensive coal measures crop out along the Arctic shore, on the Alaskan Peninsula and along the Yukon River in the great interior. It costs about five cents to produce a dollar of gold with a water pressure; by the earlier method of handling the dirt with a shovel it cost twenty-five cents. At least seventy-five per cent, of the en- tire output of Alaskan gold is profit to the miner — $20,000,000 in profit in four years. The salmon and fur seal fisheries yield high profits and it is a conservative statement to assert that Alaska pays an annual profit to American labor equal to the total price paid to Russia— $7,200,000. One hundred per cent, per annum on the in- vestment, with unlimited possibilities in the future — and yet the name Alaska was not mentioned in the President's last message. When will Porto Rico and the Philippines pay even ten per cent, on the investment? Alaska is American and of more value than all we obtained in the Spanish war — yet costly representative governments are thrust upon the un-American populations of Porto Rico and the Philippines, while Alaska asks in vain for a single delegate on the floor of Congress! 5. Area.— Congress cannot properly appreciate the legislative needs of Alaska without carefully considering her climate and im- mense area. Some portions of the territory are as foreign to other parts in business interests as New York. The Juneau-Skagway re- gion is closely allied in business with Puget Sound, whence all its lines of transportation end, but has no connection in trade or travel with Nome or the interior. The map of Alaska is generally printed on the lower left-hand corner of the sheet containing that of the United States. As it is (7) only an unorganized territory and of minor importance it i3 always printed on a much smaller scale and we are accustomed by this dim- inutive eye-view to imagine it to be much less in proportion to the United States than it really is. As a matter of fact, it contains nearly 600,000 square miles, to be exact, 599,446. Texas, the largest state in the Union, contains only 266,011 square miles; Alaska is two and one-fourth times as large. Alaska is eleven times as large as New York, which has an area of 53,719 square miles, and 488 times as large as Rhode Island, with its two senators and two rep- resentatives in the House. The thirteen original colonies contained only 399,947 square miles; Alaska, with its 600,000 square miles, is almost as large as the United States east of the Mississippi River. The Statss of California, Oregon, Washington, Idaho and Nevada have a combined area of 520,142 square miles; Alaska is as large as all five with an overplus of area nearly equal to all the territory we obtained from Spain by the treaty of Paris. Mount McKinley, the highest peak in North America, rears its snow-capped dome 20,364 feet above the wide flat Valley of the Yukon. This great river discharges a third more water than the Mississippi, and is navigable for twenty-five hundred miles from Bering Sea. 6. Future State Boundaries. — Population enters a new region along the line of least resistance. In conformity with this natural law the Sitkan district, popularly known as Southeastern Alaska, was settled over the inland route from Puget Sound. All lines of trans- portation to this region are local, and reach it under shelter of the island chain which extends from De Fuca's to Icy Straits. Mountain ranges have ever been national boundaries. The boundary between this part of Alaska and the British possessions was intended to be established along and does fairly coincide with the summit of the Coast range. Near Mount St. Elias the rigors of the climate have created glacial fields which extend from the mountain summits to the sea, and effectually sets a barrier between populations there. The Eskimo nation, extending along the sea-shore for 10,000 miles, was barred at this boundary. Below it the Thlinket tribes extended that form of semi-civilization to Puget Sound. The boundaries of the Sitkan district are thus fixed by Nature ; its population, railroads, mines, fisheries and timber interests are separate from any other portion of Alaska and clearly mark this region out for a separate territory. This district has a permanent poulation of 20,000 people, and should at once be given a territorial form of government with Juneau as the capital. The Copper River and Cook 's Inlet country, with the Aleutian Islands and the Bristol Bay region, mark another natural territorial division. The Seward Peninsula, with Nome as the center, the Kotze- (8) bue Sound region stretching away to the Colville Kiver, thence south- ward to the summit of Mount McKinley, and embracing the lower Yukon country, should be united in a third. The Yukon interior, the Tanana, Koyukuk and Porcupine Valleys, and all the great basin north of the Coast Eange, constitute a fourth compact area whose interests center at Rampart or Eagle. [ In view, then, of the great area of Alaska, its different climates, natural subdivisions, and lo- calized interests, it seems fair to assume that in the near future it must be divided into at least four territories, viz: (1) the territory of Sitka with its capital at Juneau, (2) the territory of Alaska with its capital at Valdes, (3) the territory of Seward with its capital at Nome, and (4) the territory of Tanana with its capital at either Rampart of Eagle. \ PRESENT CONDITION 1. First Period Without Civil Government.— Fiom the time of its purchase from Russia to 1884, Alaska was without any form of civil government. Immediately after the purchase the customs laws were extended to the district, and the United States District Courts of California, Oregon and Washington were given jurisdiction to enforce the customs and seal fishery laws. The collector of cus- toms and his deputies and special agents of the treasury department were empowered to arrest offenders against these laws, but neither local civil courts, nor peace officers were provided. For seventeen years a revenue cutter officer was the civil government of Alaska. 2. Organic Act of 1884.— On May 17, 1884, the President approved "An Act providing a civil government for Alaska," 23 Stat. L. 47, Chap. 78. This Act constituted Alaska a civil and ju- dicial district and fixed the seat of government at Sitka. It provided for the appointment of a governor, established a District Court of general jurisdiction, a Commissioners Court of minor jurisdiction, extended the laws of Oregon to Alaska, provided a judge, clerk, marshal and district attorney. Section 8 of the Act extended the mining laws to Alaska, but carefully provided that "nothing con- tained in this Act shall be construed to put in force in said district the general land laws of the United States." Section 8 of the Act created Alaska a land district, provided a register and receiver and located their offices at Sitka. After the date of this Act so much of a civil government as it provided was maintained; a District Court was organized and the civil and criminal codes of Oregon enforced as the laws of the land. 3. TovFNSiTE Laws Extended.- On March 3, 1891, the Presi- dent approved "An Act to repeal timber culture laws, and for other (9) purposes," the eleventh section of which extended the townsite act to Alaska, while the next section provided that not to exceed one hun- dred and sixty acres might be purchased by an occupant for the purpose of trade or manufactures. 4. Homestead Act of 1898.— On May 14, 1898, an Act was ap- proved by the President which is entitled "An Act extending the homestead laws and providing for right-of-way for railroads in the District of Alaska, and for other purposes. ' ' 30, Stat. L. 409, Chap. 299. This Act was and is a fraud upon the people of Alaska; it was not intended to and did not extend the homestead laws of the United States to Alaska ; it was only a clever scheme to enable specu- lators to fasten upon the choicest locations with scrip, and to secure grants of railroad rights-of-way. The homeseeker is not provided for and his interests were badly crippled by this law. The Act con- tains fourteen sections, but only the first one relates to homesteads and is as follows : Sec. 1. ' ' That the homstead land laws of the United States and the rights incident thereto, including the right to enter surveyed or unsurveyed lands under provisions of law relating to the acquisition of title through soldier 's additional homestead rights, are hereby extended to the District of Alaska, subject to such regulations as may be made by the Secretary of the Interior; and no indemnity, deficiency or lieu lands pertaining to any land grant whatsoever originating outside of said District of Alaska shall be located within or taken from lands in said district. Provided, That no entry shall be allowed extending more than eighty rods along the shore of any navigable water and along such shore a space of at least eighty rods shall be reserved from entry between all such claims, and that nothing herein contained shall be so construed as to author- ize entries to be made or title to be acquired to the shore of any navigable waters within said district: And it is further provided, That no homestead shall exceed eighty acres in extent. ' ' This is the whole of the Alaskan homestead law! Examine it for a moment and note how it aids the homeseeker. It sounds fair to enact ' ' That the homestead land laws of the United States and the rights incident thereto, * * * are hereby extended to the District of Alaska," but no such results followed or were intended to follow from that language. A homestead entry under the land laws of the United States is only allowed upon surveyed lands, and there are no surveyed lands in Alaska. It follows that this fair appearing and positive enactment is utterly without effect. Then why was it passed? For the purpose of enabling speculators to acquire title to the choicest parts by location with Soldiers Addi- tional Hd. scrip. Read it carefully : ' ' That the homestead land laws of the United States and the rights incident thereto, including the right to enter surveyed or unsurveyed lands under provisions of (10) law relating to the acquisition of title through soldiers additional homestead rights, are hereby extended to Alaska." Notice that the right to acquire land titles on unsurveyed lands is not ex- tended to the settler as it is to the speculator with his additional homestead scrip, and this and this alone was the purpose of the act. The Act should have been entitled, "An Act to enable unsurveyed land in Alaska to be located with Soldiers Additional Homestead Scrip." And yet, the act provides ' ' That the homestead land laws of the United States * * * are hereby extended to Alaska," and the homeseeker can make a homestead entry if the surveys are ever extended over any portion of the district, but with these distinct limitations: 1. No homestead entry shall extend more than a quarter of a mile along navigable water. 2. A vacant quarter of a mile is reserved between all entries along navigable water. 3. No title can be acquired to the shore of any navigable waters within the District, and 4. No homestead shall exceed eighty acres in extent. These limitations are unknown to the general homestead law of the United States, and are special defects beyond those already contained in the general homestead law of the United States if extended to Alaska. This Act is a fraud and an outrage perpetrated in the name of the homestead law upon the settler in Alaska, merely to enable the scrip land speculator and the railroad promoter to acquire the best of the public domain before the homeseeker is perm.itted to enter his home Congress cannot repeal section 1 of the Act of May 14, 1898, soon enough. In its place Congress ought to pass an Alaska Donation Land Law, giving to every married settler 640 acres of land, one-half to the husband and the other half to the wife, and to every unmarried settler thre hundred and twenty acres. This law should be a re- enactment of the Oregon Donation Land Law, which was entitled "An Act to create the oflace of Surveyor General of the public lands of Oregon, and to provide for the survey and to make dona- tions to settlers of the said public lands." 9 Stat. L., 496; 10 Stat. L., 158 and 305. The advantages of the Donation Land Law are many, but among them are, 1st, It enables the settler to locate permanently on unsurveyed land. A settler under the homestead laws of the United States cannot enter unsurveyed lands; he may maintain the possession of unsurveyed land by occupancy, but when the surveys are entended over his lands he can only enter his home- stead according to the rectangular system of the surveys, and must abandon so much as is necessary to bring his farm into the survey. His lines are never permanent or fixed prior to survey— he cannot enter or make proof or obtain title. Under the donation law, however, the settler stakes his claim after the manner of a mining (11) claim, and when the surveys are extended, his claim is left just as he staked it. His lines are permanent and fixed from the time he sets his corners and he can make proof and acquire title at any time, either before or after survey. 2d. The Oregon Donation Act was the basis of the earliest and most valuable titles in Oregon and Washington and has since its enactment in 1850, been construed by the courts of highest resort, and is therefore certain, generally understood, adequate and liberal. 5. Coal Land Law, 1900.— On June 6, 1900, the coal land law was extended to Alaska. Section 2347 of the United States Ee- vised Statutes provides, however, that coal lands shall only be entered "by legal subdivision." This limits coal land entries to surveyed lands, and as there are no surveyed lands in Alaska, the coal land law, as well as the homestead law, is wholly inoperative there. In the meantime coal mines in Alaska are held by force, and neither title nor the beginning of one can be obtained by the miners. Congress ought to amend the coal land law, so far as Alaska is concerned, so that unsurveyed lands may be entered after the manner of placer mines, but the area should be as now, at least one hundred sixty acres. 6. The Penal Code of 1899.— It is a relief to turn from these cruelly insufficient land laws to the penal and civil codes. The penal code was enacted March 3, 1899, (23 Stat. L., 24,S. 7.) and is practically a re-enactment of that of Oregon, which had already been in force in Alaska since 1884. It contains a complete penal code and code of criminal procedure. The code of Oregon from which it was copied was in turn copied from the old New York and California codes; a long line of precedents from the decisions of these three states renders the task of construing its term both easy and satisfactory. Alaska 's penal code and code of criminal pro- cedure are sufficient and adequate; they fit her judicial system and are equal to the same codes in California, Oregon and Washington. 7. The Civil Code of 1900.— On June 6, 1900, Congress passed and the President approved ' ' An Act making further pro- vision for a civil government for Alaska, and for other purposes." This Act is complete and embraced a civil code and a code of civil procedure. Together with the penal code, it gave to Alaska the very latest and best code of laws, fully in line with the spirit of the West. It, too, was copied from Oregon, and the long line of precedents construing its provisions in that and other code states, are equally valuable to the court and bar. These two codes furnish a complete system for the prevention and punishment of crime, and the enforcement of civil rights and the redress of (12) civil injuries. No state in the Union has a better penal and civU code system than Alaska and no amendments are necessary to either.) The penal code provides a complete system of criminal law, and a code of procedure. It provides for the trial of misdemeanors before a justice of the peace; the grand jury, trial jury and trial in the District Court, with an appeal to the Circuit Court of Appeals, 9th Circuit, or to the Supreme Court of the United States in capital cases. The civil code of 1900, provides for three District Courts in Alaska, and for terms in each district, and fixes at least one term per annum in each Judicial District. Courts are required to be held at Juneau, Skagway, Valdes, Unalaska, Eagle, Kampart, Coldfoot, and Nome. Under the code of 1900, commissioners are appointed by the district judge; they have the powers and jurisdiction of justices of the peace, coroner, recorder and probate judge, while an appeal lies from their Courts to the District Court, whence an appeal lies to the Circuit Court of Appeals, 9th Circuit. The civil code provides for a municipal organization in towns, and a district organization for schools, and provides a sufficient law for raising a revenue for each. While some of these features are crude, they might easily be made worse by amendments, and are really sufficient considering the youth of the territory. WHAT LEGISLATION ALASKA DOES NOT NEED We can often more definitely state our needs by first clearly pointing out what we do not need. That Alaska requires and ought to have the best form of Territorial Government is plain to the thought- ful student. There are some features of ler wants, however, that rise to the mark of necessities while others are supplied in part by existing laws. It is better to direct the attention of Congress to those actual necessities without which her interests must suffer than to spend time and argument in attempting to obtain unnecessary forms, even though usually given to territories. A Territorial form of government, under the American system, is established by the passage of an organic act by Congress pro- viding for the election of a legislative assembly and a delegate in Congress by the people of the Territory, and the appointment of the executive and judiciary by the President. 1. Executive; Governor.— There are three fundamental re- quisites in all forms of American government, state or territorial, viz: the executive, legislative and judicial bodies. By the Organic Act of Alaska of 1884 Congress provided the executive or governor, and clearly defined his powers and duties in the usual language. (13) The section also provides that "He shall perform generally in and over said districts such acts as pertain to the office of governor of a territory so far as the same may be made or become applicable thereto." Alaska does not, therefore, imperatively require a new law re-establishing the executive department; she has what Terri- tories usually have in that respect. 2. Legislative Assembly.— No provision was made in the Organic Act of 1884 or any subsequent Act of Congress for the election of a legislative assembly in Alaska. Instead of providing for this usual Territorial method of enacting laws, Congress adopted as the law of Alaska, the general laws then in force in the State of Oregon. (Sec. 7. Organic Act, 1884.) Without the necessity of electing a legislature, and by this simple organic device, the Territory became possessed of the general laws which the wisdom of many years had perfected in Oregon. Later, in 1899 and in 1900, Congress passed the penal and civil codes of Alaska, a body of local laws drawn from and identical w4th those of California, Oregon and Washington. This adoption of the code system for a Territory is unique in the history of the organization of American Territories Alaska is the first Territory to enjoy such a code prior to the election of the Territorial legislature Her codes are ample, and give her a local law equal to the foremost States of the Pacific Coast, and fully anticipate her legislative wants in these respects. The purpose of a Territorial legislature is to pass laws for the government of the people and the protection of their personal and property rights. Other Territories have begun existence without such laws, and no other means of providing them has ever before been provided In Alaska, however, this need is fully supplied and a legislative assembly is not absolutely necessary, for a time at least. As soon as Congress can be brought to see that the Sitkan or other natural Territorial subdivision or district is ready for and able to support a Territorial form of government it ought to be granted. At present, however, with her extensive area, unsettled communities and widely diversified groups of conflicting interests it is better for the whole of Alaska to depend upon the superior legislative assembly. Congress, to enact or amend her laws. 3. A Delegate in Congress.— It follows that if the Territory is compelled to depend upon the Congress of the United States, and not a local legislature, to enact or amend her laws, Alaska ought to have a representative in Congress. This is Alaska's most important need and ought not to be neglected by Congress. Wheth- er the Delegate shall be elected or appointed is, of course, not so important, though an appointive Delegate will never be satisfactory to a highly intelligent body of voters like those in Alaska, even if (14) it is so to a Porta Kiean constituency, where more than eighty- three per cent, are unable to read. If the Delegate is to be appointed, it has been suggested that the Governor be declared Delegate, ex-officio, by reason of his organic duty to see that the laws are faithfully executed • It is my judgment that Alaska ought to be provided with a Delegate in Congress at once, and that he ought to be elected by a vote of the people. 4. The Judiciary. — In all other Territories heretofore organ- ized the organic act has provided for three district judges and for the division of the Territory into three districts over each of which one of these judges shall preside. A Supreme Court was also pro- vided for to consist of the three districts judges sitting together to review appeals from the District Courts. By the organic laws of Alaska the Territory is divided into three districts over each of which a judge presides, but no Supreme Court is provided for similar to those in other Territories, All appeals from the District Courts in Alaska lie to the Circuit Corut of Appeals, 9th Circuit, or in capital and some other cases to the Supreme Court of the United States. A Supreme Court after the Territorial type is not needed in Alaska. It would be impossible for the three district judges of Alaska to meet, hold a term of the Territorial Supreme Court and return home the same year! If the Court were to be held at Juneau, for instance, an attorney and the judge from Nome would be required to go to Puget Sound and thence return to Juneau; after the session of the Court they would go to Puget Sound again and thence return back to Nome. Such a system would retard the administration of justice, impose additional burdens on litigants, lawyers and the judges. If a Territory is created out of South- eastern Alaska, or other natural subdivision, such a system would then be reasonable and proper; but never will be either while the present extensive limits of Alaska are to be included in one dis trict. Alaska has a better Supreme Court now than it can ever possibly have under any form of Territorial Government. The Circuit Court of Appeals of the 9th Circuit is and always will be composed of judges of the highest professional rank, who are and will be so far removed from local influence and surroundings that their review of the decisions of the District Courts cannot be equalled by any Territorial Supreme Court. The present method of reveiwing the decisions of the District Courts in Alaska is a distinct benefit to the administration of justice, and ought not to be departed from — certainly not as long as Alaska remains one Territory. Appeals from Alaska, though, ought to be heard before that term of the Circuit Court of Appeals sitting in Seattle. \ (15) THE LEGISLATIVE NEEDS OF ALASKA ARE 1. A Delegate in Congress. 2. A law extending the Oregon Donation Land Law of 1850-53 to Alaska. 3. A survey of her Public Lands. 4. Aid to all-American roads from Valdes, Kenia Peninsula and Cooks Inlet to the Yukon interior. 5. Fish Hatcheries and the fair enforcement of the fishery laws. 6. Coast surveys and Lighthouses. 7. Weather Bureau Offices, and, 8. The organization of four Territories as fast as the respective natural subdivisions contain the requisite permanent populations, viz: 1. The Territory of Sitka, with its capitol at Juneau; 2. The Territory of Alaska, with its capitol at Valdes; 3. The Territory of Seward, with its capitol at Nome, and 4. The Territory of Tanana, with its capitol at Eampart or Eagle City. LIBRARY OF CONGRESS 017 188 572 3(