THE IDITAROD PIONEER
Published E*ery Saturday Morning at Iditarod, Alaska
Vol. 8 CHARLES A. DERRY, Editor No. 18
ARBUCKLE & DERRY, Publishers
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CONSCRIPTION IN THE UNITED STATES
The passage by congress of the "selective conscription”
measure (whatever that may be) advocated by President Wilson
recalls to mind that thrice before in the nation’s history has this
means of raising troops been resorted to. The first application of
the draft was in the war of the revolution, the second time was
during the war of 1812, and again during the civil war was con
scription enforced.
Conscription has ever been deprecated in this country, perhaps
because of the fact, that it has been the method used by foreign
tyrants in perpetuating themselves in power; so that one ciui
readily understand why, as Champ Clark said in the house the
other day, the words "conscript" and “convict" have become
synonymous in some minds. But there is no reason why this
should be so in a republic such as ours. “Eternal vigilance is the
price of liberty,” and when the government finds that its exist
ence is menaced by a lack of volunteers for military service, or
even a probable lack of such volunteers, it would seem that the
natural recourse should be to conscription. To those who look
upon military service as a duty which every citizen owes to his
country there should be nothing inconsistent in the establishment
by law of rules by which that duty may be demanded. It surely
cannot be said that such an obligation to the government in
which one has a full share is at all inconsistent with liberty and
freedom in its highest sense. In fact, to some minds there is
something repugnant in the thought that our government and
institutions must be maintained, as they have been in the past,
by voluntary military' service—so that the man of military' inclina
tion or keen sense of patriotic duty is allowed to bear the burden
of military service, with its attendant sacrifices, for others. Nor
does it tend to lessen this repugnance to realize that these others,
equally interested and benefited, show an inclination to shirk mili
tary duty.
France and Switzerland, two old world republics, have taken
universal military service as a matter of course, and as a duty
which every citizen owes to his country'. It is believed that in
time, unless the outcome of the present world war should teach
mankind a more humane and more enlightened method of settling
their quarrels than resort to the sword, military duty in the
United States will be made universal, and our citizenry will come
to regard that duty in the same light that they now regard jury
duty, for which “conscription” is and alway's has been resorted to.
EXPATRIATION
In view of the fact that hundreds (perhaps thousands) of
American citizens have expatriated themselves by participating in
the great war in the service of foreign nations, it is likely that
congress will be called upon in the near future to pass remedial
legislation covering this question. In previous wars Americans
have participated under the banner of foreign nations, and on
their return to the United States their status as citizens seldom
has been questioned. But questions which have arisen in recent
years have complicated the subject somewhat. On March 2, 1907,
an act was passed specifically dealing with the subject. The
emergency arose probably out of the practice indulged in by for
eigners, especially those from Southeastern Europe, of residing in
the United States for a sufficient length of time to acquire citi
zenship, and then returning to their native lands and attempting
to evade military service on the strength of their United States
citizenship. The act provides that—
“Any American citizen shall be deemed to have expatri
ated himself when he has been naturalized in any foreign
state in conformity with its laws, or when he has taken an
oath of allegiance to any foreign state. When any naturalized
citizen shall have resided for two years in the foreign state
from which he came, or for five years in any other foreign
state, it shall be presumed that he has ceased to be an
American citizen, and the place of his general abode shall be
deemed his place of residence during said years: Provided,
however, That such presumption may be overcome on the
presentation, of satisfactory evidence to a diplomatic or con
sular officer of the United States under such rules and regu
lations as the department of state may prescribe: And pro
vided further, That no American citizen shall be allowed to
expatriate himself when this country is at war.”
Under the authority quoted above the state department has
provided that American citizens (naturalized) residing abroad
must report at stated intervals to the American consulates in order
to maintain their citizenship.
In an opinion recently handed down by Judge Ray of the
federal district court of Northern New York, in the case of Ex
Parte Griffin, this law is held to be valid, and the court says:
“This language is definite, certain and unequivocal. Con
cede that a sovereign cannot discharge a subject from his
allegiance and arbitrarily deprive him of his citizenship
against his consent, except as a punishment for crime, and
that congress cannot abridge or enlarge the rights of citizens,
or restrict the effect of birth in the United States, 'subject to
its jurisdiction; still the right of a citizen to expatriate him
self exists. It is a natural and inherent, right, recognized and
declared by congress (and, since 1870, recognized by Eng
land), and the sovereign power, through congress, may de
clare that the doing of certain acts, inconsistent with citizen
ship in the United States, shall constitute expatriation—loss
of or renunciation of citizenship. Congress having declared
that naturalization in a foreign country, or the taking of the
oath of allegiance to a foreign government, is expatriation,
that the one doing the act shall ‘be deemed to have expatri
ated himself,’ it follows that such act, if voluntarily done,
constitutes loss and abandonment and voluntary renunciation
of citizenship in the United States. If not so, the statute is
meaningless and worthless, and congress is powerless to de
clare what acts constitute expatriation. Every citizen is pre
sumed to know the law, and to understand the effect of his
voluntary acts. When he voluntarily does the acts which the
law says operate as expatriation, we have the necessary assent.
The provisions of the act of 1907, now under consideration,
have justification in necessity and public policy. Mere enlist
ment and service in the army of a foreign government is not
declared to work expatriation, but the ‘taking of an oath of
allegiance to any foreign state’ is. It is evident that it would
lead to controversies and national entanglements for the
United States to attempt to protect as citizens those who
enlist in the English army, take an oath of allegiance and
then desert. If it be the natural and inherent right of a citi
zen to expatriate himself or herself, it would seem that
the government should have the right to declare that the do
ing of acts by the citizen which are inconsistent with the dis
charge of his duties as such citizen to his government, accom
panied by a departure from its jurisdiction, constitute expa
triation-abandonment and renunciation of citizenship.”
The decision takes the ground that the law was enacted to
settle the question, “Does taking an oath of allegiance to a foreign
power constitute expatriation?” and quotes approvingly a com
munication of Secretary of State Walter Q. Gresham, as follows:
“The oath is inconsistent with his allegiance to the United
States. By taking it he obligates himself to support the gov
ernment of his adoption, even to the extent of fighting its
battles in the event of war between it and the government of
his origin. He could not bear allegiance to both governments
at the same time.”
---w
We have been inclined to regard the Mexicans as lacking in en
terprise, but are compelled to revise that estimate. An El Paso
dispatch says that a curious development of the rioting in Juarez
over enforced bathing in order to get health certificates was that
of a Mexican who took five baths, received a certificate for each
bath, and sold the certificates to other Mexicans. When one real
izes the antipathy of the Mexican to water it must be conceded
that this particular Mexican is entitled to the palm for real hero
ism as well as enterprise. ^
The Colonel, now that we are at war, appears to have ceased
his bellicose utterances, and to be taking a patriotically practical
view of the situation. His suggestion that the use of grain in
the manufacture of liquor be prohibited at this time contains the
essence of true statesmanship. With the millions of men at pres
ent withdrawn from productive labor, every pound of cereals
should be put to some useful purpose.
Those two hundred congressmen who desire to free Ireland
i should have directed their message to the factions in Ireland itself.
I It was a most uncalled-for proceeding, anyway. Suppose the
I members of the British parliament should take up the disaffection
in the Philippines, and ask us to free the little brown brothers!
The Alaska legislature evidently has sent felicitations to the
embryo Russian republic. It was a graceful act. Alaska, as a
former Russian province, may well “point with pride.” and specu
late as to what conditions would have been here under the contin
ued rule of the Romanoffs.
--
“Alaska is figuring on supplying the cities of the Pacific coast
with coal for five or six dollars a ton,” says the Juneau Dispatch.
Such things can sometimes be done on paper.
-«
Actual censorship of telegraphic and cable messages went into
effect May day. It is well to bear this in mind; and also the feet
that we are endeavoring to raise an army.
-*
If it's moral effect they’re looking for in the landing of Ameri
can troops in France at this time, why not try out Teddy and his
division ?
—-♦—-—
Chicago’s mayor seems to have gone out of his way to offer an
affront to the British and French commissioners to this country.
---«
DEMOCRATS GUNNING FOR STRONG
(Cordova Times)
All is not serene in the camp of the territorial Democrats, in
which the federal offices appear to be the bone of contention.
National Committeeman Thomas Jefferson Donohoe is back at
Washington with his little “who’s who” book, which he is ex
hibiting to the appointive powers in the hope of being able to
name those whom he considers entitled to the plums that are soon
to be shaken from the patronage tree.
In this connection it is interesting to note that the fir.-t gun
fired against the reappointment of Governor Strong was stationed
in the trenches at Valdez, and the Prospector furnished the am
munition. Its broadside charges that Strong has been flirting with
the Republicans end Wickershamites in the filling of the several
appointive positions that fell to his lot. That paper also charges
that the gallant major is not now, nor never has been, a Demo
crat, as was demonstrated in his refusal to “count in Sulzer as
ihe next rielegate to congress.
Evidently taking its cue from our neighboring town, the Cor
dova Democratic Club met last night and adopted resolutions pro
testing against the reappointment of Strong as governor, because
he failed to reward faithful Democrats.
It is intimated that Judge Jennings of Juneau is likely to have
the indorsement of the Democratic machine for governor. The
other aspirants for this office are Judge Bunnell of Fairbanks;
John W. Troy of Juneau and E. W. Griffin of Chena. W. II.
Whittlesey of' Seward, who was mentioned as a candidate, is in
reality seeking to succeed District Attorney Spence, whom the
Democrats are anxious to replace, but are likely to favor A. J.
Dimond of Valdez for the place if he will accept it. There is little
or no opposition to Judge Brown continuing on the bench for un
other four years, but whether Marshal Brennahan will be able to
hold on depends entirely upon how far Vice President Marshall is
willing to go for him in the face of the fact that there are other
Democrats who have strong local backing for this office.
APPARENTLY CONSERVATIVE
(Seward Gateway)
The Iditarod Pioneer is panning a Seward paper for printing
inaccuracies and “bull” about the gold camp at Tolstoi, said inac
curacies being quotations from alleged miners and claim-holders
who arrived over the trail from that section of Alaska during the
winter.
It is refreshing that the editor of The Pioneer has the courage
of his convictions, and does not propose to have people misled
into stampeding into the Interior.
Wonder what he will say to “peddlers” who put across these
inaccuracies when they get back this spring? If all that they said
about the wonderful future of Tolstoi had been published he
would probably ask the commissioner there to lock 'em up as
they arrived, because the matter published was that given out by
the apparently conservative chaps. __
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N. C. Co. Sole Agents for Alaska
RIOTS WHICH ATTENDED
ADOPTION OF CONSCRIPTION
DURING WAR OF REBELLION
On March 3, 1863, congress passed the
“conscription bill.” Volunteering had
filled the Union armies during the first two
years of the war, the quotas being appor
tioned by congressional districts. Then the
numbers grew scant. All able-bodied citi
zens between the ages of 18 and 43 were
summoned to the national defense; quotas
under future calls not filled by volunteers
after a certain period were to be made good
by lot from enrollment; conscripts could
furnish substitutes or buy exemptions for
$300. The law' proved to be chiefly valu
able in goading the districts into filling the
quotas by volunteers. The commutations
were nearly a third of the whole, the ex
emptions nearly a half, and the number
held and their substitutes together were
but a sixth to a fifth. Many of the sub
stitutes turned deserters or “bounty-jump
ers.” It has been estimated that of more
than 3,000,000 men enrolled, less than
100,000 men were obtained by the drafts.
By the draft of 18G3 but 35,882 men were
secured, and of this number no less than
26,002 were substitutes. Of the 292,441
men drafted, 52,288 paid their $300 to
escape duty, and the government was thus
enabled to utilize these sums, amounting to
$15,686,400, to obtain others.
The conscription measure met with a
storm of denunciation on the part of Demo
crats, who claimed that the quotas had
been gerrymandered to throw an enormous
disproportion on the Democratic districts.
This was acknowledged, but was stated to
be the work of subordinates, and was cor
rected by the war department. The rank
and file execrated it as a class measure,
shifting the burden from the rich, to whom
$300 was a trifle, to the poor, who could
pay only with their blood, and were least
able to leave their families.
The drafts were resisted by violence in
several cities, the principal disturbance tak
ing place in New York. The drafting be
gan on Saturday, July 11, at each provost
marshal’s or assistant’s office, which in the
Ninth district, a Democratic stronghold, was
81 Third avenue and Forty-sixth street.
The method was to place the enrolled names
in a wheel, the first names coming out up
to the required quota being the conscripts.
A large crowd assembled, but made no
disturbance; and the names drawn were
published in the Sunday papers. Many of
the poorer classes, incited and organized
by political leaders, met secretly and
formed associations to resist; and on Mon
day morning parties went around to the
shops compelling workmen to leave their
tasks and join the procession. The draw
ing was resumed at 10 a. m. In a few
minutes several paving stones were hurled
through the windows into the midst of
the crowd, smashing the furniture; and in
another moment the mob broke in the door,
wrecked everything inside but the wheel,
beat one of the deputies into insensibility,
and set fire to the building, thoueh it was
inhabited above. The whole block was
soon in flames, and when the firemen ar
rived tiie hydrants were denied them till
the conflagration was past help. The militia
were nearly all in Pennsylvania, where Get
tysburg had lately been fought, and the
few garrison regulars and marines were un
der different commands; so that the fed
eral General Wool, the state General San
ford and Mayor Opdvke held separate au
thority, with no deciding power.
The mob increased, arid began wreaking
vengeance upon political opponents and
their property, burning and pillaging; and
thieves and toughs, seeing their opportunity,
flocked out and joined. Fifty marines, sent
to disperse the Forty-sixth street mob, fired
blank cartridges, and were instantly routed
and chased far along the streets by the riot
ers, many of them women end children.
This changed the mob's attitude from de
fense to aggression. Then their wrath was
turned on the negroes as the cause of the
“black Republican war.” These were
beaten and stoned to death, and hanged to
lamp-posts. Hotels and restaurants having
colored servants were invaded in search of
them, and the movables were smashed and
stolen. In the afternoon the Colored Half
Orphan Asylum, with 700 to 800 children
and nurses, was broken into, gutted and
set on fire, the inmates being driven into
the streets, while the women of the mob
carried off the furniture. The armory, on
Second avenue, was broken open with stones
and sledge-hammers to secure arms, the
police who bravely defended it being driven
out, and it was fired.
All business and trade was suspended. In
the lower part of the city the office of the
Tribune, the chief Republican newspaper,
edited by Horace Greeley, was attacked and
was about to be set on fire when the police
drove out the rioters. The entire block on
Broadway which held the draft office was
burned, with the provost-marshal’s and the
postmaster’s private residences, a station
house, a hotel whose proprietor refused to
furnish liquor to the mob. and other dwell
ings. Other houses were burned in the
upper part of the city. All that day and
night the city was protected only by the
police, many of whom lost their lives. At
midnight a heavy rain dispersed the riot
ers for the time.
Tuesday was far worse, though the forces
of order had begun to gather. The mobs,
too, had swollen so that an army was
needed. When bands were dispersed by
the military they gathered elsewhere and
continued murder and depredation. Twenty
negroes probably had been murdered Mon
day; far more perished Tuesday, and whole
negro neighborhoods were burned out.
Lieutenant Wood, with 150 regulars from
Fort Lafayette, fired ball cartridge into a
mob, killed a dozen and broke it up. Colonel
O’Brien, who had dispersed a mob, sprained
his ankle and stepped into a drug store.
Ordered out by the terrified proprietor, the
mob murdered him and dragged his body
up and down the street, mutilating and
trampling on it.
Governor Seymour issued a proclama
tion ordering the rioters to disperse, but it
was so insufficient that he was forced to
issue another putting the city under martial
law.
Meantime the secretary of war had or
dered home the militia regiments from
Pennsylvania, and they began to arrive on
Wednesday. The draft was announced as
temporarily suspended; and the mob was
so thoroughly beaten and cowed on Wednes
day afternoon that cavalry regiments pa
raded the city at night without meeting
any resistance. Isolated gangs paraded
about even on Thursday, but they were
mere criminals, and soon slunk away.
The property-holders had formed an as
sociation, and the danger was mainly at an
end by Thursday morning.
The losses of these four days were never
known. The number of mortalities during
the week was 450 above the average; 90
deaths from gunshot wounds were reported,
and it was said that many rioters were se
cretly buried by their friends. Something
like $1,500,000 was paid on claims for
property damage amounting to more than
$2,500,000.
The draft was resumed on August 19
and ended on the 28th.
senator dan Sutherland
MAKES POOR SHOWING
IN ATTACK ON COURTS
Senator Dan Sutherland of Ruby, repre
senting the fourth division in the terri
torial legislature at Juneau, has been mak
ing some sensational assertions recently in
regard to court decisions. On March 20
he dispatched the following telegram to Dan
Driscoll, at Fairbanks, and it was repro
duced in the newspapers there:
“Jennings today ordered board to tile an
swer Thursday showing why certificate
should not go to Sulzer. Protest will be filed
tomorrow. Contest will go to house of rep
resentatives, Washington. It is the rawest
job ever pulled off by the machine at Ju
neau, and will ruin them.”
The telegram was, of course, in reference
to the decision of Judge Jennings in the dis
puted election case, in which Sulzer was
declared to be entitled to the certificate of
election as congressional delegate from
Alaska. Attorneys have expressed the opin
ion that the telegram approaches contempt
of court.
Another Outburst
In the territorial senate on March 24 Sen
ator Sutherland anounced that he would ask
unanimous consent on the following Mon
duy, as a matter of personal privilege, to
present documents to the senate which, he
said, were conclusive proof that the Fair
banks federal officials were railroading men
to the penitentiary. He declared his action
■to be necessary in order to reply to an edi
torial in the Juneau Empire in which it
was said that Sutherland “knows his state
ments in that regard are unthinkable and
untrue.'1
According to announcement. Senator
Sutherland addressed the senate on March
26 in an effort to justify himself for the
statement that Den Callahan and others
had been railroaded to the penitentiary by
the officials of the Fourth division because
they would not affiliate with the Democratic
party. According to the News-Miner's cor
respondent, it was a tame exhibition. Spec
tators who went to the senate chamber to
listen were much disappointed. The ac
count proceeds:
“I will reiterate the remarks that I made,
stating that men from the Fourth division
were railroaded to the penitentiary,” he said.
"The whole proceeding was as raw a piece
of work as was ever pulled. It was a stench
in the nostrils of the people of that section.
I base my assertions upon a cartoon which
appeared in the Alaska Citizen on April 3,
1016."
The senator then read everything which j
had ever been printed editorially about the
matter from all the Fairbanks papers and
from the Nome Nugget. He said that he
had never stated that Callahan got into
trouble because he was not a Democrat, but
declared that what he had said was that 1
the Caliehan trouble was caused by a dis- :
agreement between Erwin and Callahan as |
to patronage.
He charged that the court should have!
instructed a verdict, not a’lowing the cases
to go to the jury. He practically charged
that the whole prosecution was a frame-up
between United States Attorney R. F. Roth, j
Marshal L. T. Erwin and Chief Deputy Mar- |
she! J. H. Mdler.
Then, turning to himself, he reviewed his !
personal history from boyhood; stated that i
on account of the large vote accorded him I
in the Fourth, with the district attorney, j
the marshal’s office and all the newspapers i
against him. he had the confidence of his |
neighbors, who would no; believe him a liar.
His appeal was considered like that of a
big boy, about to cry. He talked for over
an hour on purely political and personal
matters. His final charge was that the
Democratic machine of Alaska and the i
Fourth division is standing in the way of |
justice.
What Started It I
The editorial in the Juneau Empire, which ,
was the excuse for the performance of Sen
ator Sutherland, was as follows:
“We arc inclined to believe that Senator ;
Sutherland’s charge last night that men |
were ‘railroaded’ to the penitentiary in the j
Fourth division was the result of anger and j
a natural partisanship that causes him to j
make extravagant and undignified accusa- j
tions in heated partisan campaigns. That
it is unthinkably untrue he knows, and we |
do not believe that he w'ould make the i
charge in a moment of calm.”
In the same issue of the paper appeared j
another paragraph touching the political
situation, which was as follows:
“If the ‘Democratic machine’ in the !
Fourth division is what Senator Sutherland j
says of it, it is a strange thing that Demo
crats carried the division for Sulzer, elected
Speaker Hess and re-elected Representative
Burns, chairman of the Democratic terri
torial central committee.”
NOTICE OF FORFEITURE
To W. F. Taylor and F. X. Colombe. their
heirs and assigns:
You and each of you are hereby notified
that the undersigned has expended In labor
and Improvements the sum of one hundred
dollars (*100.00) for each of the years
1913. 1914, 1015 and 1916, upon placer
mining claim known as and called No. 2
Potosie gulch, a tributary of (lane creek;
and the further sum of one hundred dol
lars (t 100.00) for each of the years 1915
and 1910 upon each or the following named
nlaeer mining claims, to wit: French Hill
lieneh. fraction between French Hill Bench
and No. 4 above discovery, Midnight Frac
tion. and a fraction between No. 3 above
discovery and No. 1 Potosie gulch, all upon
(lane creek, a tributary of Innoko river,
tnnoko mining district, Alaska.
You arc further notified that If at the
expiration of ninety (90) days after the
date of the last publication of this notice
you fail or refuse to rontrlbute your pro
portion of such expenditure, your Interest
in rarh of said claims will become the
property of ihe undersigned, your co
owner. under Seetton 2324 of the Revised
Statutes of the I"nlted States, and amend
ments thereto.
C. E. 01.SON. Co-owner.
Hate or first publication. May 0, 1917.
Date of last publication, Aug. 4, 1917.
Professional
Michigan, 1881 Alaska. 1(10
Kentucky, 11(1
George Woodruff Albrecht
COUNSELOR AND LAWYER
IDITAROD, ALASKA
Tlie Pioneer Attorney of IdlSkrod
E. M. STANTON
Attorney at Law
Office: Corner Wiliow »nd Second Stk.
Iditarod Pioneer Building
CM AS. E. TAYLOR
Attorney at Law
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