H . IT
STATUS OF „
DEFINED AND ELUCIDATED
Mr. Carl J. Lumen has contributed
to the current issue or the Eskimo
pubusneu by the beureau ul euuco ■
tiun in the in teres is ur Lsiumos of
nurthern Aiusita, aa instructive ariir.t
ou "The r oi.ucui Status ul the Al
uskuu Eskimo” which is herewith re
printed
Much argument has been raised
since the letcnt election, tala ivu/
eiuuer ilh, rjru, us to Hie political
status of tue Eskmio, uuu ins i.gm lo
vote, occasioitcu by me tael tiiat the
contest tor political honors ul saw.
election was close aau that the tote
coUtu.Ut.-u a number or builots cast by
Eskimos
Inasmuch as the Second J utile >
Division or Alaska contains a greater
Eskimo than unite population, *.iiu
right of the Lskmio lo vote becomes
a very important question, apace will
not pennit any elaborate argument
it this question, but simply a reier
auee ,o the various steps taken by tue
i'tui-ii I Oove.uiueut in regard mere 10.
buuer me treaty or Session, " the
United ista.es agieeu tAlt.Cle A) that
"tue Uncivilised tribes be suojeci lo
such laws ana regulations us the
United mates may truin time 10 lime
uuopt in regaid to aboriginal tribes
of mat country.” (Alusau.)
In 1884 Congress provided a civil
government tor Alaska 123 Suit. 24)
s.nce winch time tins Territory has
been an organised territory of tig;
United States, und by virtue of sec
tion 1891 of the lteviscd Statutes,
which provides that: "the Constitu
tion and all laws of the binned
States which are not locally inappl-’.■
cable, shall have the sume force und ef
fect within aillheorgumzed territories,
and in every territory hereafter or
ganized as elsewhere within the
bnued Suites," the general laws
passed by Congress in relation lo th<
iauiun tribes of me bnued states
were extended to Alaska, and the
uncivilized ir.bcs here ure entitled to
the same rights, privileges and im
munities uuucr such laws us are the
abong.nul tubes within the United
States.
In 1887, Congress passed a law ("In
dian Severalty Bill,” Act Feb. 8, 1SS7,
24 Slat. 388)under which "Indians" or
"half breeds" who have taken up their
residence seperate and apart from any
tribe of Indians, and have adopted the
h(tbitg of civilized life, become thereby
citizens of the United States. As t'o
the applicability of this law to Alaska,
the Circuit Court of Appeal for the 9th
Circuit, in the case of Nagle vs The
United StuU3 (191 Fed. 141) says:
"The act 1b so specific and far reach
ing in its scope that it must be held
to ^>e general in its purpose and in
tendment, und to apply to every In
dian within the territorial limits of the
United Slates.”
The meaning of the word “Indian"
is defined under Sec. 2022 of the com
piled laws of Alaska which reads as
, follows:
"That the term "Indian" in this Act
shall be construed to include the a
borlginal races Inhabiting Alaskr
when annexed to the United States,
and their decendants of the whole or
half blood, who have not became citl
zens of the United States.”
Since the passage of the Act oi
March 3, 1871, (16 Stat, 544.) it has
been the policy of Congress not to
treat further with the Indians as
tribes, and to govern th,.m by law and
i.ot by treaty, and this policy affords
i inple reason why general laws should
. pply to individual Indians in Alaska
as well as elsewhere.
The Fourteenth Amendment to the
i onsutution uesignates as citizens of
me United males, and of the State
herein they reside, all persons born
i r naturalized in the United Slates,
nd subject to the jurisdiction thereof
The reason that the Indian of tho
United States did not come under 11/
our teen th Amendment has been
iven by the Court in the case of Elk
vs, Wilkins (112 U. S. 94, 5 Sup. Ct.
1) in which it says:
“The Indian tribes, being within the
jrritorial limits of the Lulled States,
were not, strictly speaking, foreign
fates, but they were alien nations,
distinct political communities, with
whom the United States might and
habitually did deal, as they thought
. t, either through treaties made by
iie President and Senate, or through
act of Congress in the ordinary
forms of legislation The members
of those several tribes owed iinmed
ate allegiance to their tribes, and
were not part of the people of the
United States."
The Eskimos of A®ska are divided
into a considerable number of geo
graphic divisions, based chiefly on
locality and dialectic differences. Po
litically they differ from the Indian of
i he United States proper, in that ihey
>re not organized Into tribes and
, we allegiance to no power other ‘hati
t, at of the Federal Government.
The "Organic Act” creating a lego*
lative assembly in the Territory of A '•
i ska, und conferring legislative puw«r
thereon, extended the Constitution anti
laws of the United States to Alaska,
1 at limited the power of the legislu
ore in the matter of amending. <i|'i i -
mg. modifying or repealing the "grn
' rnl laws of the United States."
The second territorial leg;sluturo
(1915) realizing the value of citizen
ship to the descendants of the abor t,
In'il tribes of Alaska, enacted a law
(Chap. 24 Session Law’s of Alasku, j
i.do), under the provisions of which
native Indians born within the limits
o£ the territory of Alaska may have
the fact of their citizenship definitely
established by complying with the
turns of said Act. Congress could
pass such a law without question,
but the right of the Territorial Legis
lature to pass laws directing the is
suance of certificates of citizenship
to Indians, or "whites," is very doubt
ful.
In the naturalization of John Mi
nook (2 Alaska 200) the Court held
that ttie petitioner was a citizen at
the time of making his application,
and because the Court could add noth- !
ing to his status as a citizen, denied
Ids application.
Any person who is over the age of
21, a citizen of the United States
and an actual bona fide resident c/
Alaska and who has been such resi
dent during the entire year immedi
ately preceding the election, has the
qualifications of a voter. Such y
person, desiring to exercise his right
of franchise, if challenged, can qualify |
under oath, after which such vote I
must be accepted by the election
judges. Should such affidavit be
false, he could be prosecuted for per
jury thereunder. (Sec. 401 Comp.
Laws of Alaska.)
The Alaskan Eskimos have no triba1
relations; are subject to the Juris
diction of the United States and, in
the opinion of the writer, are citizens
of the United States, with * all the
lights and privileges accruing there
under, and therefore have the right
of suffrage.
CAitL J. LOMEN.
CHRISTMAS GREETINGS.
A,’ .In tne season suggests the pleas
ure o'- extending to our patrons and
friends hearty good wlshe3 for a Mer
ry Christmas and a merry and pros
permia New Year.
NOME TAILORING CO.
Next Door Segerstrom & Hagen’s.
O' bKUTUCKED.
Xo the public -
We nave Just finished stock taking,
and nnd mat >e are deavlly overstocked
so are niuMng enormous reductions In
Hardware- os. mucn as et per cent In
certain lines. Not wit nsiandlng Immense
advances outside, especially In Hard
ware and Meia.1 Goods, we are Hill sell
ing on ins basis of goods purchased th«
pas' two or three years.
We will sell tor cash only at lhes<
prices, and tor a limits, time, until we
bring our stock down to the require
menta or the camp.
IT you nave an order to be tilled. let_
us figure on It; we can save you money
We have proved It to otners, we can
prove II to you. *
DA HI.1 Mil AND PJTAN COMPANY
CATARRH of4
tho :
BLADDER;
end all <
Discharges In!
4E-JOLRS
Each capaule bear* Ihc i
came /^\ »
Beware of (MIOYj '
counterfoil. V V <
fWi t'T *’l (1mprint*. <
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f /WV^WWSWVWWVvV /AV’
I ELITE
HOTEL & BATHS
Reopened unded new manage- <
ment. ]>
Rooms by day, week or month. ]
Rates Reasonable. \
Steam, Show®r and Plain Baths.
BROOKS & ANDERSON, Pnp.
Phone Black 171.
COMPARATIVE
TEMPERATURES
Following are the lowest recorded
emperatures for this year and las*
n the days designated. The mlnus
ign before a number means belov
sere.
U. S. Weather Bureau.
1915. 191*i
Uec. 1. —11 —to
Dec. 2. —12 — 80
Dec. 3. —14 —32
Dec. 4. —It —12
Uec. 5. —16 —Su
Uec. 6. —14 —28
Dec. 7. —14 —26
Dec. 8. —16 21
Doc. 9. —18 - 4
Dec. 10. —11 2
Dec. 11. —13 6
Dec. 12. —16 ?2
Dec. 13. — 5 26
Dec. 14. —2 12
Dec. 15 .... ........ —5 6
Dec,. 16 . —6 —:i
Dec. 17. —6 —1
ec. 18.—9 —16
Dec. 19. —7 -70
Dec. 20. —6 • —16
Dec. 21. - -15 22
Dec. 22. —16 — 20
Dec. 23. —24 —22
Dec. 24. —8 —14
Dec. 25. —16 — 8
Dec. 26 . —14 • 6
Dec. 27. —1 —9
Dec. 28 . —1 22
WE «JAN UO IT.
For first .-rasa work er.d prompt deliv
ery phone Main 151 and the People's*
Laundry will send and get your laundr.v
V J WILLIAMSON. Prop
LUTFISK
At the Board of Trade Caf®.
f FOR HATS ;
! ANU DRESSES;
I •
] t
Dress Goods, Stamped good*,
f fancy goods, Maderia work, •
, Crochet and Embroidery
] Threads a* .
MRS. J. WANOER
t Second a\e., opposite Courthouss.
I -- 'L ■ a ■. : - ■
We still have
Fresh Killed Pork and Veal
ij For Saturday
INDEPENDENT MEAT MARKET
W. H. WEBB
DO IT TODAY
There is Only
5 DAYS
left to the meeting: of Jan. 2nd.
When at this meeting: the special terms now offer
ed under special dispensation cease.
Should you have failed to enlist under the protective wings j
of tha Eagle the organization has lost your co-operation and you will
undoubtly reflect with regret the lost opportunity to be away from
its influence, its saving features, the interesting and instructive meet
ings and you will miss the pleasant evenings spent in the best club
rooms in Alaska
NOME AERIE, NO. 75 F. 0. E.
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r
f' <
I a happy new yeah j
I TO ALL \
1 8
8 CHEAP JOHN’S Sloe: f
l TEL. MAIN 48 ORE PRICE TO ALL !
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OOOOOOOOOOOOOOOOOOOOOOOGOOOO OOCOOGOO ODG jGD r)
1 THE ROSE CANDY STORE 8 ARCTIC BAKERY |
§ Wish to thank their many friends for their patron
2 end future and wish every one a happy and prosp< roue
O
Q Remember we give one chance on n lii.iut; ul
0 o
O every twenty five cent purchase or paid on conn
O
8 Drawing Jan. ist, At 2 o’clock
§ at the Candy Store. 1
o
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VAVWVW^AVAV/A'WAiVV'
| MILO’S GAFIi j
| OPtN DAY AND
NIGHT
]► Next door to PACIFIC COLD <J
> STORAQF. MARKKT <[
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i Chas. W. Reed I
{
! Machinist & Blacksmith j
;; =—— - j
11 •
Gasoline Engines, hoists
11 •
Boilers, Pipe and Pipe
Fittings
- f
|
No. 5 Front St. j
• _ .... i. , .. . 4.
| NOME
I COFFEE HOUSE j
AND BAKERY :
Recommend its clem and \ nole- *
some bread and pastry of afll
kinds ♦
*
We cater to family trade.
Orders for entertainments *
promptly filled.
| The
j Angeles i
I A. 0. OLIVliR l
PROP.
*
Phone Main 33
VVyWWW'M'A V A vW>/Vv\ )
f Water j
. • usual winter rates
\ 18 buckets.$1.00 J
[ | per barrel.50cts +
:: For prompt service t
Phone White 90 |
ii Wm. Pangman|
++-S -M-+ HW+tHWH+Ht+t' •
t
I BOARD of TRADE :
1 Restaurant
t THE HOME OF THE BIG %
? BAKED POTATO.
J Every day from 5 to 8 p. m. *
+ We make a specialty of New 4
4- England Boiled Dinners Friday
I and Sunday. jj
T MODI NI & MILO, Pi
When Ordering
Insist on
■(Rainier
©ale Seer
/
ADVERTISE IN THE NUGGET
AND GET RESULTS