Obligations of the Legislature of Alaska
By WILL A. STEEL, Territorial Senator.
Congress intended that the Ter
ritory of Alaska, thru its Legtola •
tive Assembly of eight Senators and
sixteen members of the House,
should have almost complete juris
diction over the strictly Territorial
affairs of the Territory.
But the Legislature, gradually and
almost continuously, has delegated
its duties to a “power behind the
throne," until today there Is but
little left for the Legislature to do
other than to make the annual ap
propriations of about one million
dollars.
If any new duties are provided
I' seems easy to secure a majority
of both bodies to agree that present
Federal officials are the proper per
sons to perform those duties. Tn
fact, with the general disinclination
to provide local officials, Federalists
appear to be the only ones available
to attend to the new business.
Million Dollars Per Year Expanded
While It Is true that funds are
prvided by Legislative enactment,
and more than one-half secured from
the fisheries interest's operating
thruout the Territory, the money is
almost entirely expended under the
jurisdiction of Federal officials or
the men who owe their appointment
from the higher authorities at
Washington, D. C.
The one notable exception Is the
office of Attorney General which Is
elective and a selection made every
four years. For salary, clerk hire,
traveling expenses, books for law
library, etc., he is allowed slightly
over $11,000 per year. But the
Legislature provides that he can
not bring certain legal actions with
out the consent of the Governor and
the Secretary.
The balance of over one mil
lion dollara expended yearly, with
exception of certain “bonuses,”
which may be largely Illegal, is vty
tually handed over to Federalists
and their selections for disposal.
And the newspapers that seek to
control public opinion merely talk
about “county” government, but fail
and neglect to call attention to the
bartering of Territorial interests to
tbe men only responsible to Wash
ington, D. C.
This system started during Demo
cratic domination, altho declared
iUegal by a Democratic Attorney
General, George Grigsby, and de
nounced just as he was leaving of
fice by a Democratic Governor,
Thomas Riggs. It has been con
tinued thru Republican administra
tion and particularly fostered by
Governor Scott C. Bone, while more
than mildly fostered by the pres
ent Governor George A. Parks. But
the system has been denounced and
declared illegal by the present At
torney General. John Rustgard.
The direct payment to Federal
officials for performing Territorial
duties has been known to be illegal
practically ever since the method in
Alaska was started. The additional
method of these officials having
direct jurisdiction over nearly the
entire one million dollars expended
yearly from the Territorial treasury,
has at least been questionable.
Judge Wickersham Gives Notice
During the session of the 192 7
Legislature Judge James Wicker
sham gave public notice that unless
the Legislature ceased its illegality
he would bring action in the Federal
court to declare certain appropria
tions void. A3 Delegate to Congress
when the “constitution” of Alaska
was adopted, the Judge above all
others knew the powers that Con
giess intended to convey to the
Territory. And he was not con
tent to longer see these privileges
ruthlessly brushed aside. And par
ticularly as the proponents were
wildly crying for more “home rule.”
So, after adjournment, the Judge
brought his action in the District
court of the First division. His
right to do this as a citizen was
questioned. Other obstacles were
thrown in the way of an early ad
judication of the question. But fin
ally the court did decide that the
Federal Secretary could not legally
accept compensation from the Ter
ritory for duties performed while
acting as a Federal official. Other
questions were not decided by the
court and finally on Judge Wicker
sham’s motion the suit was dismiss
ed pendente lite, and another suit
was brought. But the questions
involved have not yet been decided
bv the court.
Recently while in Washington
Governor Parks, thru the office of
the Interior Department, induced
Chairman Curry of the House Com
mittee on Territories, to introduce
a bill in Congress which would re
peal existing law and make legal
previous Irregularities. It would
allow the "executive officers" of the
Territory to be paid from the Terri
torial fund. Delegate Sutherland on
the floor of the House vigorously
protested against what would have
been a repeal of the organic act.
Illegality Admitted In Congress
Even Chairman Curry admitted
that the present law is adamenC
when he stated that, "The court, in
my opinion, can not do anything
but decide that the Legislature has
exceeded its authority, and that the
money cannot be paid and the Fed
eral executive officers perform these
Territorial duties, unless this bill is
passed."
Delegate Sutherland was willing
that the bill should be amended to
provide for payment of duties per
formed. providing that the organic
act should not be repealed. This
brought from Albert Johnson, of
Washington state, the inquiry, “If
it is wrong from a local self-govern
ment standpoint to do that, why
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