THE KUSKO TIMES
A. X. Grant, PubMrr, Sola
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Entered as second-class matter Aa
«uat 20th, 1923, at the peetoftce at
Tokotna, Alaska, under the Act el
March 3, 1370.
Takotna. Alaska, Dec. 31,;19C7
Meaning of the
Controller Bill
#By Dan A. Hut her land, l)r)«c«t« to
Congress.)
(Continued from Last Issue.)
A review of the -Acts of CorgTc*?.
[pertaining to the Territories, or ol
tthe Acts, Regulations and Memorials
<of the Territorial Legislatures, will
:surely convince one .that the issue
inow before the people of Alaska re
garding the participation of Federal
'officials in affairs that are strictly ter
ritorial is a very old one indeed, and
tone is also convinced that Alaska is
.now passing through the same con
troversy that other Territories have
jpassed through. The historic record,
.however, shows this difference be
ttareen Alaska and the other Terri
tories; The legislators of former
ttories seemed to direct their efforts
^steward restricting and curtailing the
power o fFederal officials and to
strengthening their own self-govern
ment- In Alaska there are legis
lators who persist in maintaining the
power of these officials in controlling
>our local affairs. In fact, since thet
.first legislative session there has
Ibeen nomovement made to strengthen
•our Territorial administration but has
ibeen thwarted by our legislators.
The history of the struggle to sep
arate the State or Territorial units
from the control of representatives of
the central government is written in
the many of the Acts of Congress for
.the Territories.
Section 11 of the Alaska Organic
Act, which provides that "no person
holding a commission or appointment
under the United States shall be a
member of the Legislature, or shall
hold any office under the Government
.of said Territory”, was written into
the Organic Acts of the old Terri
tories to prevent usurpation of paw
ers by Federal officials and not for i
the purpose of limiting legislative <
powers. Congress ddi not conceives it <
to be possible that . a self-governing 1
unit of the United States.. .would be I
disposed to have., its. administrative
officials selected for it by the central j
government. But Congress id know i
someth :g of .the unlimited desires for
more powers which all bureaucrats .
possess, and that their Federal pow- ,
ers would be exercised to. gain Terri- ,
tonal power. ,
It ..was. for-the purpose of keeping ,
Federal officials out of Territorial af- j
lairs.and ..to prevent legislators from .
appropriating public .funds for their ,
j own benefit that James A. Garfield, a •
I member of -Congress from .Ohio, on
1 January 8. 1823, placed in our stat- ■
utes. the following provision: “That ,
no Jaw of any. Territorial Legislature 1
shall be made or enforced by which ,
any officer of a Territory .or the offi
cers or members of any Territorial
Legislature shall be paid any com
pensation other than .tha.t provided by
the law of the United States.” .Sure
t ly that language is clear enough to be
j understood' by anyone,, and yet the
: letter and spirit of that law has been ,
constantly violated by our local legis
lators. This disregard, .or, perhaps,
contempt for the.. lawv vidf—Coagrcss
that placed inhibitions .t»n fecal legis
lative authority, inhibitions that arc
certainly for the public . good, has
fastened itself upon our legislators to
I such an extent that this contempt has
become a challenege to those who
| would follow the spirit.of the Organic
! Act, and it is my opinion that the
1 challenge has been accepted, and it
now remaincs for us to see what view
the people of thie Territory. take of
the question.
The pernicious effect of what j»ras
recently called “establishing a liason
with Washington” by. allowing offi
cials of the. United States to unix..in
State and Territorial .affairs -was
clearly understood by American
statesmen of the past.
1 cannot convey to .the people of
Alaska ..any more convincing appeal
for the restoration of our. administra
tion of Territorial government to the
same status of other Territories—the
exact status in. which .Congress .in
tended it should he when the .Home
Rule Act was passed—than, by here
quoting an executive ..order, of. Presi
dent Grant, given on .January .17th,
1873, and after reading.it I .am sure
they will agree with resident Grant
that the interlocking , administration
we have built up in Alaska since 1913
“is not in harmony , with the genius
of the (American) government”:
“Whereas it..bas been brought to
the notice of the Presideent of the
United States,.that . .many persons
holding civil office .by . appointment
from .him, or otherwise.. under the
Constitution and laws of the United
States,'while holding w»ch Federal po
sitions, accept offices , .under the . au
thority of the States and Territories
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Takotna Pod Hail
F^esh Fruits
Tobaccos
Apples
Candies ;Soft Drinks
Cigars Cigarets
Oranges
tv u r
tchler Cold Storage Barge
Pork Beef Veal Mutton
Boiled Hams PicklecTTongues
Sausage in variety Head Cheese
• j
d which they reside, or of municipal
orporations under the charters and
irdinanies . of such corporations,
hereby assuming the duties of the
itate, Territorial or municipal office
it the same time they are charged
vith the duties of the civil office held
mder Federal authority; and
“Whereas it is believed that, with
ew exceptions, the holding of two
;uch offices by the same person is in
■ompatible with a due and faithful
lischarge of the duties of either
iffice; that it frequently gives rise to
Croat inconvenience and often results
n detriment to the public service;
ind moreover is not in harmony with
he genius of the Government.
“In view of the premises, therefore,
.he President has deemed it proper,
bus, and hereby, to give public no- '
ice that from and after the 4th day j
f March, A. D. 1873 (except as here- :
n specified), persons holding any i
federal Civile Service office by ap
tointment under the Constitution and
aws of the United States, will be ex
acted, while holding such office, not
o accept or hold any office. unnde#
■State or Territorial government, or
mderi.the charier "x>r - ordinances of j
iny Manici pal Corporation; and furtI
her, that the acceptance or-continued |
loiding of any such State, Territorial i
>r Municipal office, whether elective;
>r by appointment, by- any person!
molding civil office as aforesaid under j
he Government of the United States,
>ther than Judicial .Offices under the
Constitution, of the United States, will
>o dee meed a vacation of the -Federal
)ffice held by such person, .and will be
aken to be, and will be treated as a
•e^ignation by such Federal Officer of
»is commission, or appointment, in the
service.<oL>the United States.
■ “The offices; of Justice of thfc' Peace,
>f Notaries Public and of Goiamis
;ioner to take the. acknowledgment of
leeds/of bail;-or'to administer;.oaths,
hall noot be deemeedi within' the pur
riew of this . order .and are excepted
tom its operation and may be held 1
Federal Officers.
“The appointment of Deputy Mar
ihals of the United States may be
Ohferrede -upon Sheriff's, or Deputy
n a i y*v a. n—^ 1.1
he emoluments at whose1 office do not
xceed six hundred dollars per annum,
ire also excepted from the operation
if this .order, and may accept and
lold appointment under State, Terri
orial.or Municipal authority, provid
'd) the.-same be found not to interfere
vith the discharge of their duties as
Postmaster, Heads of Departments
tnd other officers of the Government
vha have the appointment of subordi
late officers, are requireed to take no
ice of this order, and to see to the
nforcementx of itW provisions and
erms, within the sphere of their re
pective Departments or offices, and
is relates to the several persons bo ki
ng appointment under them respeet
vply.. Py order of the President.
k " “Hamilton Fish,
“Secretary of State.”
“Washington,. January 17, 1873.” j
President Grants order stood ;as the j
ittitude of all executives on this sub- i
ect until the great War emergency
irose, and •'then .President Wilson
nodSfted. it for the occasion only by
issuing Ctbe. following order on April
4th, 1917:
“The .provisions .of the . Executive
Irdcr .ofi,-January. 17, 1873,','prohibit
ng- Foderal employes from holding
iffice under any' State, Territorial, or
llanicipal .Government, are hereby
carved permit the appointment of
iueh employees ri in and under the
[Yeasury Deepartment, with the ap
irova| •,’ofst!beii;Seeretary of, thp Treas
iry, on any State, county, or mu
licipal councilvcrr committee , of de
fense for purpose*, -of mobilising .and
conserving .Jho j ^resoucepse,., of the
lountry.
•“This order: is issued on the recom
nendation .of the Secretary of the
rreasury.
nVoodrow Wilson.
“The White Houpe,
“14, April, 19} 7.
“(No.^5p«”
I
By this we see that only at times
of crises and for ...purposes of public
defense has1 that lawyer any portion
of it been waived bjr Chief Execu-j
tives. If Presidents’ of the United
States have in the past upheld and
respected this law -and the policy that (
recognizes a Territory as an inde
pendent unitv of our Government to
be conducted by its inhabitants, free
from all encumbrances of .Home Office
Agents, why should the legislators of
Alaska persist hi disregarding, and
ignoring that policy and in nullify
ing the intent of Congress .when it
gave us autonomy. It would appear
that the difficulty encountered in ob
taining the powers we now. -have
should have appreciated . their:, value
and should have aroused- lour most
jealous regard for their maintenance.:
i' I
Du Rand’s
Cafe and
-Hotel
i
£
• Flat Git?
An you a Kuako Tumi aaMerikar'
Why nit?
Vivian’s
Place ;
Vivian Howard, Prop. *
“t
Soft Drinks
Candies i
t' *<
Cigars i
Cigarettes |1
Tobaccos
« /
/ A Gentlemen’s
^ Resort
Ikcy Hayes -’ Mgr.
Max Simel : EX'
STATION: FAIEVIGW, INNOKO RIVER.
/‘Miners’, Prospectors’ and
^Trappers’ Supplies
FREIGHTING
General ^Transportation
* <
How*. About Wood Hauling?
Joe Ferns
Takotna
The Kusko
$1 Per Month