Sutherland Wins Decisive Victory Over
Curry Bill
On March 5th last the Hou3e of
Representatives of the Congress of
the United States defeated the Cui
ry Bill by the overwhelming vote of
130 to 12.
The Curry Bill, in effect, was a
bill to repeal Section 11 of the Or
ganic Act and any other Act lk
Congress which forbids the payment
of Territorial funds to Federal of
ficials and to legalize such payments
as may be made “heretofore oi
hereafter."
It was introduced by Mr. Curry,
of California, to counteract the re
sults of a suit brought by Judge
James Wickersham of Juneau and
other citizens of the Territory to
restrain the Treasurer of the Terri
tory from paying certain Territorial
monies to Federal Official's, which
practice has been many times de
clared illegal by various Attorneys
General of the Territory.
Certain interesting excerpts from
the debate in Congress follow:
Mr. Curry: * * * * There is some
opposition from Alaska, particular
ly an organization of Indians and
half-breeds organized by politicians
and some opposition by job seek
ers who want places. Nearly every
Chamber of Commerce has approved
the bill, the governor has approved
it and asked me to get it passed,
if possible. Nearly every city gov
ernment of Alaska has approved it
and some have opposed it. ****
Mr. Curry: The Attorney General
(of Alaska) is a fine man. T know
him. He is interested with cortain
politicians in Alaska in trying to
force Congress and the legislature
to enact different legislation than
they want. **** Alaska has been
in hard straits recently.*** Ther**
are only three big mines in Alaska
paying dividends. Two of them are
dredging mines. Two are owned
by British capitol. The State of
California furnishes more gold than
Alaska. Colorado furnishes moie
gold than Alaska. The great in
dustry in Alaska is fishing, and yet
there is a greater amount of fi3h
taken off the banks of Newfound
land than in Alaska. There is a
greater amount of fish taken from
Japan than in Alaska, and a greater
amount of fish taken from the Brit
ish Isles, and the Mediterranean
than in Alaska.
Fur is another industry up there,
and not so much either on account
of the legislation. In Louisiana
last year there was more value cf
fur produced than in the Territory
of Alaska. We want to develop
.Alrska if we can. I would like to
see certain changes in the law. I
would like to see Alaska developed
but I do not want the Government
tied up for two years in a matter
of local politics by men looking for
jobs.
Mr. Curry: **** Alaska is not. fi
nancially in shape to do what she
ought to do so far as the creation
of Territorial officers is concerned
When the Territory of Alaska shall
create these officers—and I think
that ought to be done—they will
pay them and stop the cooperation
between the Federal Government and
Territorial Government. But the
Territorial Legislature has refused
to do it. It did so at the last ses
sion and the one before it. Theie
will not he another session of the
Legislature until next year. I hope
at that time they will change this
system. But in the meantime if
the courts should hold that the Ter
ritory of Alaska has exceeded its
authority in enacting these laws, It
would tie up the government of
Alaska for two years.
Mr. Hoch. Instead of repealing
the statute you provide that the
courts shall not construe what the
law says.”
Mr. La Gaurdia then asked that
the Delegate from Alaska be given
an opportunity to speak against the
bill.
Mr. Sutherland thereupon spoke
rather at length, giving the history
of such legislation in regard to the
older Territories and quoting as fol
lows from the Attorney General of
the Territory:
"It was out of an abundance
of historic experience, guided
by common sense, that Con
gress wrote into the Organic
Act of Alaska what is known
as Section 11. These provi
sions should be enforced not
only in letter but in spirit. The
purposes of Section 11 are per
fectly plain. The main object
was to keep the Federal and
Territorial duties separate and
apart and have them discharged
by separate and distinct offi
cers. The last clause provides
that no one " ‘holding a com
mission or appointment under
the United States shall be a
member of the legislature or
hold any office under the gov
ernment of said Territory.’ ”
This is neither more nor less than
an order upon the Territory to or
ganize its own government and pro
vide its own officers to execute Its
laws, and it is a denunciation of
the present system of bestowing Ter
ritorial functions upon Federal of
ficials.”
Mr. Sutherland continued: “Now,
gentlemen of the House, in closing
I want to say that this Organic Act
is our Constitution in Alaska. It
bears the same relation to the Terri
torial Legislature of Alaska that the
Constitution of the United States