Contents of a Constitution— Issue
Is Often Not What But How Much
The following article is the second in a series of constitutional
studies prepared under the auspices of the Alaska Statehood Commit
tee. The articles are designed to offer to the people of Alaska discus
sions of some of the issues which will face the delegates to the Alaska
Constitutional Convention meeting at the University of Alaska Nov. 8.
Many a state constitution is a
most remarkable hodgepodge of
matters ranging from the basic to
the ridiculous. Most state consti
tutions, like Topsy, “just growed.”
Additions were made without
thought to the overall results of
such additions. A listing of the
topics generally covered serves to
illustrate the wide variety of mat
ters deemed so basic and funda
mental that they were incorpor
ated into constitutions. In each of
the categories listed there is,
moreover, wide variation in con
tent among the states.
(1) Bill of Rights. All state con
stitutions contain bills of rights.
These constitutional guarantees of
individual freedom have some
times, in recent years, been ex
panded to include some economic
rights.
(2) Separation of Powers. Many
state constitutions contain explicit
provisions declaring that the pow
ers of government are divided
among the legislative, executive,
and judicial branches; other states
have no explicit provision, but all
adhere to the principle in practice.
(3) Legislative Organization and
Procedure. Every state makes pro
vision for a legislature. In some
constitutions the organization is
set out in great detail; in a few,
the legislative body is created in
general terms. One state, Nebras
ka, provides for a unicameral or
one-house legislature. Many states
prescribe legislative procedure in
considerable detail.
(4) Executive Officers and Pow
ers. All states have provisions for
the election of a chief executive
but others elect in addition a great
number of other state administra
tive officals. Some constitutions
provide for various boards and |
commissions.
(5) Judicial Organization, Juris
diction, and Procedure. All states ;
provide for a top court, usually j
called a supreme court. The ma-1
jority of states specify, constitu
tionally, lower court machinery
as well.
(6) Suffrage and Elections.
(7) Military Powers and Militia.
(8) State Finance and Taxation.
Most of these provisions deal with
debt limitation and prohibition of
certain types of taxes. Not infre
quently a homestead exemption
provision is found in a state con
stitution.
(9) Local Government. Most
state constitutions contain provi
sions, usually in extremely min
ute detail, on the subject of local
government. A fact which has
served to increase tensions be
tween settled and less-settled
areas and which has hampered
the development of rural and ur
ban communities alike. Possibly
one of the most difficult problems
the Alaska Constitutional Con
vention will have to face is the
one of local government powers
and organization.
(10) Public Education. Usually
there is a general declaration of
right of children to free public
education, but many states have
written specific tax support pro
visions into their constitutions.
Some have gone so far as to speci
fy the number and types of state
educational institutions. Such de
tailed provisions have sometimes
retarded the progress of public
education and caused unnecessary
friction.
(11) Public Highways. The usual
state constitutional provision calls
for the establishment of particu
lar administrative machinery and
in some instances earmarks spec
ial tax funds for highway uses.
(12) Miscellaneous Provisions on
corporations, banks, public utili
ties, railroads, monopolies, trusts,
etc. These provisions are ordinar
ily regulatory in nature. Boards
and commissions are often consti
tutionally created to administer
the regulatory sections.
(13) Amendment and Revision.
All constitutions make some pro
vision for amendment. They range
from the extremely difficult to
the extremely simple.
Coverage of Topics in
The Alaska Constitution
Which of these topics, or others,
should be covered in the Alaska
Constitution? This is a question to
which the"" citizen must address
himself with some care. In many
cases it is not an issue of whether
or not the topic should be includ
ed but, rather, the detail of the
treatment it receives which is
important.
For example, a genefal provi
sion granting power to the legis
lature to regulate trusts and mo
nopolies may be a fit matter for a
constitution, but a provision that
grants the power and then speci
fies in great detail the administra
tive and mechanical features for
carrying out the regulatory pur
pose would not ordinarily be a
proper item for a constitution.
WESTERN UNION CLERK
OUTWITS YOUNG GUNMAN
TERRE HAUTE, Ind., UP) — A
young gunman walked into West
ern Union’s do\vntown office last
night and said:
“This is a holdup. Give me the
cash box.”
Night clerk Mrs. Grace E. Cline
glanced toward a window and
said:
“A police car just pulled up.”
The gunman departed.
There was no police car outside
but the gunman didn’t come back.
IN THE PROBATE COURT FOR THE
CAPE NOME PRECINCT, SECOND
DIVISION, TERRITORY OF ALASKA
No. 1050
Nolice To Creditors.
IN THE MATTER OF THE ESTATE OF
W. E. H. CREMER, also known as
“Rube” Cremer, deceased.
NOTICE IS HEREBY GIVEN that the
Miners and Merchants Bank of Alaska,
Nome, Alaska, an Alaskan banking cor
poration, has been duly appointed the
Administrator With Will Annexed of
the above-named deceased.
All persons having claims against the
said estate should present them with
proper vouchers attached, to the said
Administrator within six (6) months of
the date of this notice.
Dated this 19th day of August, 1955.
MINERS AND MERCHANTS
BANK OF ALASKA
By G. R. Jackson, President
James A. von der Heydt,
Attorney at Law,
Attorney for Administrator
Publish 'Aug. 22, 29. Sept. 7, 12, 1955
- —————————————^
PUBLIC NOTICE
by
Territorial Board of Public Accountancy
Notice is hereby given of forthcoming examination as follows:
For certification of "Certified Public Accountant"
November 2. 3. 4* 1955.
Anyone wishing to take the above examination
should make application to A. van Seventer,
Secretary of the Board*. P.O. Box 859# Anchor
age# Alaska* on or before September 22, 1955.
Should Have Fired
MacArthur 3 Years
Sooner—T ruman
CHICAGO, Ub—Former Presi
dent Truman says he wishes he
had fired Gen. Douglas MacAr
thur two years sooner.
That, he said, is the only “re
pentence” he has had for remov
ing MacArthur as supreme com
mander in Korea on April 11,
1951.
The 71-year-old Truman, who
recently cancelled two California
speeches, reportedly because of
his health, made the statement in
a question-and-answer period fol
lowing an address before the Ex
ecutives Club of Chicago Friday.
Truman fired MacArthur on
grounds he was “unable to give
wholehearted support” to the pol
icies of the United Nations and the
Truman Administration in the
conduct of the Korean War.
A questioner asked why United
Nations forces in Korea did not
drive to the Yalu River “as Mac
Arthur said they could” instead of
halting at the 38th Parallel.
“MacArthur never was ordered
to stop at the 38th Parallel,” Tru
man retorted. “There were a mil
lion and a half Chinese between
him and the Yalu River and he
couldn’t get through them.”
U.N. forces had reached the
Yalu earlier in the war, only to be
forced back when China entered
the conflict.
A MacArthur aide in New York
said there would be no immediate
comment from the general on
Truman’s remarks.
Truman reiterated he wouldn’t
accept the 1956 Democratic nom
ination under any circumstances.
He said Stevenson telephoned
him from New York and that “I
told him if he announced for Pres
ident I would be for him.”
Truman described Gov. Allan
Shivers of Texas, who bolted the
1952 Democratic convention as
“not a Democrat—he’s a Shivers
crat.”
Know Your Constitutional
Convention Delegates
Note: On Sept. 13 Alaskans
will go to the polls to elect 55
non-partisan delegates to frame
an Alaska stale constitution,
seven from the Territory-at
large. * * *
Ralph J. Rivers, 308 Fifth Ave.,
Fairbanks, is a candidate to the
state constitution convention from
the Territory-at-large from which
seven delegates are to be chosen
from 23 who are running.
A local attorney from a pioneer
family, Rivers has long been ac
tive in territorial affairs. He took
his elementary schooling in Alas
ka, high schooling in Seattle, and
was graduated from the Univer
sity of Washington with a degree
in law in 1929. As a youth he
placer-mined in Alaska.
He was admitted to the Wash
ington State bar in 1930 and prac
ticed law in Seattle until July
1931. He was married there and
came back to Fairbanks to open
his law office there in 1931. In
1933 he was appointed U.S. dis
trict attorney, a position he held
for 10 years. In 1945 he was elect
ed attorney general of Alaska and
served until 1949, after which he
again returned to Fairbanks and
local law practice.
Rivers was chairman of the Em
ployment Security Commission
from 1950 to 1953; mayor of Fair
banks, 1953-54; president of the
League of Alaskan Cities, 1954;
member of the Territorial Senate,
1955; delegate to Washington,
D.C., on “Operation Statehood
1954” and has been active in
many civic projects.
His son Julian is serving with
RALPH RIVERS
the U.S. Army and his daughter
Joyce is a college student. Both
were born in Fairbanks.
As a lawyer and attorney gen
eral he has become well-versed in
the limitations of Alaska’s Organ
ic Act and is conversant with con
stitutional needs. He regards the
drafting of a state constitution as
a serious and grave matter that is
more than just an honor in repre
senting the people of Alaska.
“If elected, I am prepared to
give all my time, efforts and the
best of my knowledge to helping
draft the best possible constitu
tion for the future state of Alas
ka,” he said.
(Paid Advertisement)
--——^
Modern Laundry & Dry Cleaners
FIRST AVE. & LANES WAY PHONE MAIN 113
EIGHT-HOUR SERVICE
«- -J