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Senator CORDON. If they wanted statehood they would not wait very much after the thing was enacted. I will amend my motion and make it 5 years from the enactment of the act.
The CHAIRMAN. May we have a show of hands on the motion by Senator Cordon? Those in favor! Any opposed ? It is so voted. The motion is carried.
I think we are ready for a vote on the motion made by Senator Jackson. I think he is a member of the subcommittee. Ordinarily, I would like to have the chairman make the motion.
Senator ANDERSON. It is not in shape where you can make the motion?
Senator CORDON. What is the motion ?
Senator JACKSON. My motion was to the effect I will restate it. I move that we now report the pending bill to the Senate, as amended
Senator ANDERSON. Incorporating the modifications made this morning.
Senator JACKSON. Incorporating the modifications and the principles agreed upon at this meeting.
Senator MALONE. Mr. Chairman, I concur in the motion made by the distinguished Senator from Washington to report this bill, that the tentative agreements that we have had here be prepared by the subcommittee and be considered a part of the bill, but that is the end of it. In other words, if we go into a lot of hocus pocus that we do not really agree with it and all that sort of thing, it will be used as arguments on the Senate floor against statehood, and we do not want anything in the record that will indicate that. Any amendment that is too late to be incorporated in the bill can then be offered on the floor as an amendment.
Senator JACKSON. Mr. Chairman, I move that the pending bill, together with the amendments agreed upon at the meeting here this morning, be reported favorably to the Senate.
Senator MALONE. I second the motion.
Senator CORDON. Mr. Chairman, as far as I am concerned, it cannot be reported today. You cannot do that.
Senator ANDERSON. I understand that. You will get to it.
The CLERK. Mr. Dworshak ?
The CHAIRMAN. The vote is 14 ayes and 1 nay. The bill will be reported.
Senator Jackson. We will proceed to try to draft the amendments to the Anderson bill that we have agreed upon.
Senator SMATHERS. Mr. Chairman, before we recess, I think it is clear that I have been opposed to Alaskan statehood. I cast this vote for reporting the bill, but all the time I reserved my right to oppose it on the floor. I do think that it ought to be out of committee and be considered at the same time that the Hawaii statehood bill is to be considered.
The CHAIRMAN. I think the same thing could be said for those whose proxy I voted this morning, as well as my own position.
Senator ĎANIEL. I would like to say the same thing for the Senator from Texas.
Senator MALONE. That goes for the Senator from Nevada.
Senator CORDON. As long as we need extrajudicial statements on the record, let me say I voted for the reporting of the bill and I shall support it on the floor of the Senate.
The CHAIRMAN. The committee will stand in recess until the call of the chairman.
(Whereupon, at 12 noon, the committee recessed, subject to the call of the Chair.)
WEDNESDAY, FEBRUARY 24, 1954
UNITED STATES SENATE,
Washington, D. C. The committee met, pursuant to call, at 10 a. m., in the committee room 224, Senate Office Building, Washington, D. C., Senator Hugh Butler, chairman, presiding.
Present: Senator Hugh Butler (chairman), Nebraska ; George W. Malone, Nevada; Arthur V. Watkins, Utah; Henry C. Dworshak, Idaho; James E. Murray, Montana; Clinton P. Anderson, New Mexico; George A. Smathers, Florida; Earle C. Clements, Kentucky; and Price Daniel, Texas.
Present also: Kirkley S. Coulter, chief clerk and staff director; N. D. McSherry, assistant chief clerk; and Stewart French, professional staff member.
Present also: Elmer F. Bennett, legislative counsel and assistant solicitor, and Herbert J. Slaughter, Chief, Reference Division, Office of Legislative Counsel, Department of the Interior.
The CHAIRMAN. The committee will come to order. More than enough Senators are present to constitute a quorum. We have before us committee print No. 4, which is the Alaska statehood bill which the subcommittee is recommending to the full committee for favorable report to the Senate.
I will have to confess that Senators Cordon and Anderson have done practically all the work, together with the assistance of Mr. Coulter and Mr. French of the committee staff, since the committee voted several days ago to report an Alaska bill.
The purpose this morning of the meeting is to see if the language which the subcommittee has worked out is agreeable to all concerned. I will direct that the text of committee print No. 4 appear in the record at this point.
(Committee print No. 4 is as follows:)
[Committee Print No. 4, February 24, 1954]
Proposed Form of Bill as Worked Out by the Subcommittee in Accordance with
the Instructions of the Full Committee of February 4, 1954 (For use as a worksheet by the Senate Committee on Interior and Insular Affairs)
A BILL To provide for the admission of Alaska into the Union Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the citizens of the United States who are bona fide residents of that part of the United States now constituting the Territory of Alaska are hereby authorized to form for themselves a continuation and State government, with the name "State of Alaska", which State, when so formed, shall be admitted into the Union, all as hereinafter provided.
The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska.
SEC. 2. All citizens of the United States who are qualified to vote for representatives of the Territorial Legislature of Alaska are hereby authorized to vote for and choose delegates, having the same qualifications, to form a constitutional convention in said Territory. The convention shall consist of twenty-seven delegates apportioned among the several judicial divisions of Alaska as follows: First judicial division, six delegates ; second judicial division, three delegates; third judicial division, ten delegates ; fourth judicial division, five delegates; and three delegates to be chosen at large from the entire Territory.
The Governor of Alaska shall, within thirty days after the approval of this Act, issue a proclamation ordering an election of such delegates to be held at a time designated in the proclamation within eight months after the approval of this Act. The proclamation shall be issued at least two months prior to the date of election of such delegates. The election shall be conducted without reference to the political affiliations of the candidates. The ballots used at such election shall be nonpartisan and shall not contain any reference to or designation of the political party or affiliation of any candidate. A separate ballot shall be prepared for each judicial division. Each such ballot shall contain (1) the names of the candidates running for the office of delegate from such division and (2) the names of the candidates running for the office of delegate at large to the convention.
The six candidates in the first judicial division who receive the greatest number of votes shall be the delegates for such division; the three candidates in the second judicial division who receive the greatest number of votes shall be the delegates for such division; the ten candidates in the third judicial division who receive the greatest number of votes shall be the delegates for such division; the five candidates in the fourth judicial division who receive the greatest number of votes shall be the delegates for such division; and the three candidates who receive the greatest number of votes at large from the entire Territory shall be delegates at large.
In case of a tie vote at the election, the candidates so tied shall draw lots under the supervision of the clerk of the District Court for the Territory of Alaska to determine which of them shall be elected.
In case of a vacancy in any office of delegate the candidate not theretofore certified who receives the next highest number of votes in the judicial division in which the vacancy occurs or the next highest number of votes in the Territory at large, as the case may be, shall become the delegate from such judicial division or from the Territory at large, as the case may be.
Except as otherwise specifically provided herein, the election for such delegates shall be conducted, the returns made, the results ascertained, and the certificates of persons elected to such convention issued in the same manner as is prescribed by the laws of Alaska regulating elections therein of members of the Territorial Legislature of Alaska.
SEC. 3. The delegates to the convention so elected shall meet at the capital of said Territory on the first Tuesday following the thirtieth day after their election, unless that date should occur during a session of the Territorial Legislature, in which event the constitutional convention shall convene on the first Tuesday following adjournment of the legislative session. The session shall not exceed seventy-five days, and after organization the delegates thereto shall des clare on behalf of the people of the proposed State that they adopt the Constitution of the United States, whereupon the said convention shall form a constitution and State government for the proposed State.
The constitution shall be republican in form, shall make no distinction in civil or political rights on account of race or color, shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence, and shall provide that no person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of the State of Alaska or of the United States shall be qualified to hold any public office of trust or profit under the State constitution. Said convention shall provide in said constitution :
First. That no law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for the redress of grievances.
Second. That said State and its people do agree and declare (1) that they forever disclaim all right and title in or to any real or personal property belong. ing to the United States and not granted or confirmed to the State or its political