Senator DILLINGHAM. You say that bill was furnished to you by whom? Mr. WICKERSHAM. By Major Richardson personally, and he is here lobbying for it. I want to say further to the committee that as soon as an opportunity offers I intend to make a formal protest to the Secretary of War against Major Richardson remaining here as a lobbyist for these special interests in Alaska, and I will furnish him with a copy of it, so that there may be no question about what I say or do in the matter. I resent it, and the people resent it. There is a proviso here. I quote: Provided further, That any corporation having a contract to construct a line of railway under the provisions of this act to or through any coal field may select and lease from the Government, at the rate of ten dollars per acre, five thousand acres of any coal lands in said fields that are not already legally held by bona fide locators, the product thereof to be used in operating its railway and for sale to the public. That is the end of the proviso. The CHAIRMAN. That is not in the bill before the committee. Mr. WICKERSHAM. No, sir; not in the bill before the committee, but in a bill drawn by Major Richardson. The CHAIRMAN. It does not seem to be anything, however, that this committee has anything to do with. Senator FRAZIER. Is there any provision for paying the Government for the coal? Mr. WICKERSHAM. Ten dollars per acre; that is all. It was the purpose originally to construct four Senator PILES. Do you mean to say for a lease annually of $10 per acre? Mr. WICKERSHAM. I do not know what it means; but what it says, exactly, is— That any corporation having a contract to construct a line of railway under the provisions of this act, to or through any coal field, may select and lease from the Government, at the rate of ten dollars per acre, five thousand acres of any coal lands in said fields that are not already legally held by bona fide locators. The CHAIRMAN. Is that bill now pending before any committee of Congress? Senator NELSON. No; but, Mr. Chairman, it is a bill a copy of which Major Richardson presented to the judge, and the major is urging its passage. Mr. WICKERSHAM. He brought it to me. Senator NELSON. The judge reads it for the purpose of showing that Major Richardson is lobbying here. Mr. WICKERSHAM. And to show that he brought this bill to me for the purpose of its introduction, and he is lobbying for it. I say he has no right to do it as an army officer, and I object to his being a beneficiary in the bill before the committee; and for that reason I object to the provisions of the bill. Senator Dick. If he is here at the request of the President he would have a right to be here. Mr. WICKERSHAM. The President has no right to maintain a lobbyist here. The CHAIRMAN. With whom has he lobbied? Mr. WICKERSHAM. He admitted to me that he had had a great deal to do with the preparation of this bill. The CHAIRMAN. With whom has he lobbied? Mr. WICKERSHAM. With me, and with many other people. I shall have more to say about that a little later. I put it in right here because it comes in aptly. Senate bill 5436 also provides for a commissioner of education and health, who shall superintend public instruction throughout Alaska, including public schools for the education of Eskimos and Indians. It provides that there shall be a commissioner of mines, who shall perform such duties in connection with mines and mining as may be prescribed by law. I want to say to the committee in respect to the four or five men provided for here with great salaries that will give them $7,500 a year, and subsistence and expense accounts, there is absolutely nothing for them to do in the Territory of Alaska, unless you manufacture something for them to do. There is no necessity for them there, and there is not anything for them to do. In the seventh section it is provided— That the other four members of the legislative council, appointed as hereinbefore provided, shall attend all meetings of the legislative council and participate in all business of every character that may be transacted by it, and that each shall receive as compensation, to be paid out of the United States Treasury, twenty-five dollars per day for each day's attendance while the legislative council is in session, and mileage in addition at the rate of fifteen cents a mile from his home to the capital and return by the nearest traveled route. Here is a bill which provides a territorial legislature for Alaska without any limitation as to the number of days it may sit in any year. There is no limitation. The legislature may sit three hundred and sixty-five and one-fourth days every year and get $25 a day for every man in it. There is absolutely no limitation upon the amount they shall expend themselves. The CHAIRMAN. The committee has limited it. Mr. WICKERSHAM. There is nothing in the bill about it. The CHAIRMAN. It was limited at the former session. Mr. WICKERSHAM. There is no limitation in the bill anywhere. My bill provides a limitation. It provides that the legislature shall be elected by the people, and shall not sit longer than sixty days in any year. Senator NELSON. As an independent proposition, what about $25 a day as compensation? Mr. WICKERSHAM. My bill provides for $15. I thought that was sufficient. I do not object to $25. Senator NELSON. What do you propose to provide for mileage? Senator NELSON. So you agree with this bill on mileage, but there is a disagreement as to the per diem compensation. You put it at $15. Senator DICK. There is another point involved in that particular matter, if I may ask a question, which is, I think, pertinent. It was said that the high allowance was due to the high cost of living. Is the cost of living so much higher in Alaska? Mr. WICKERSHAM. At Juneau, where the legislature will sit, the cost of living is practically the same as it is in Seattle, or in Washington. I think the cost of living in Juneau is less than in Seattle. Senator PILES. I should think so. Mr. WICKERSHAM. I think so. But I do not object, if the bill is to pass, to paying a good salary and all that. I think it is economy to pay good salaries. The eighth section provides: That the Constitution and, except as otherwise provided, all the laws of the United States enacted hereafter Enacted hereafter including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within Alaska as elsewhere in the United States. Section 1891 of the United States Revised Statutes of 1878 already extends the Constitution and all the laws of the United States which are not locally inapplicable to all the Territories, and the Supreme Court of the United States, in one of the cases that we had up here yesterday, refers to that very section as extending to Alaska the laws of the United States. So it seems to me that this is a limitation upon that law, and is not good for that reason. It ought to be left out. Senator FRAZIER. There is a question as to whether it is a Territory or not. Mr. WICKERSHAM. Yes, sir; we discussed that yesterday. Senator FRAZIER. With reference to the application of the statute to which you refer, there is a serious question as to whether it is a Territory. Mr. WICKERSHAM. There is a question. Some gentlemen do not agree that it is a Territory, while others do. In my judgment, after looking at the matter carefully, I think it is a Territory beyond any question. Section 8 proceeds: That except as herein provided all laws now in force in Alaska shall continue in full force and effect until altered, amended, or repealed by act of Congress or by the legislative authority herein conferred on the legislative council. That is, it gives the legislative council authority to alter, amend, modify, and repeal laws in force in Alaska; but it provides that that shall not extend to the customs, internal revenue, postal, or other general laws of the United States. Senator NELSON. They may be repealed by act of Congress. Mr. WICKERSHAM. Yes; but there is just this negative clause, that it shall not extend to the customs, etc. That probably would save that point, Senator. Section 8 further provides: And the legislative council shall pass no law depriving the judges and officers of the district court of Alaska of any authority or function exercised by like judges or officers of district courts of the United States. The judges in Alaska are not judges of the district court of the United States. They are territorial judges. The Supreme Court has passed on that squarely in a case coming up from Alaska and has stated very clearly the character of the courts in Alaska. That clause is absolutely misleading, and it ought to come out. I do not object to it, however, if it is thought best to leave it in. I shall in a moment call your attention to section 10; but first, section 9 provides That the legislative authority herein provided shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the Mr. WICKERSHAM. He admitted to me that he had had a great deal to do with the preparation of this bill. The CHAIRMAN. With whom has he lobbied? Mr. WICKERSHAM. With me, and with many other people. I shall have more to say about that a little later. I put it in right here because it comes in aptly. Senate bill 5436 also provides for a commissioner of education and health, who shall superintend public instruction throughout Alaska, including public schools for the education of Eskimos and Indians. It provides that there shall be a commissioner of mines, who shall perform such duties in connection with mines and mining as may be prescribed by law. I want to say to the committee in respect to the four or five men provided for here with great salaries that will give them $7,500 a year, and subsistence and expense accounts, there is absolutely nothing for them to do in the Territory of Alaska, unless you manufacture something for them to do. There is no necessity for them there, and there is not anything for them to do. In the seventh section it is provided That the other four members of the legislative council, appointed as hereinbefore provided, shall attend all meetings of the legislative council and participate in all business of every character that may be transacted by it, and that each shall receive as compensation, to be paid out of the United States Treasury, twenty-five dollars per day for each day's attendance while the legislative council is in session, and mileage in addition at the rate of fifteen cents a mile from his home to the capital and return by the nearest traveled route. Here is a bill which provides a territorial legislature for Alaska without any limitation as to the number of days it may sit in any year. There is no limitation. The legislature may sit three hundred and sixty-five and one-fourth days every year and get $25 a day for every man in it. There is absolutely no limitation upon the amount they shall expend themselves. The CHAIRMAN. The committee has limited it. Mr. WICKERSHAM. There is nothing in the bill about it. The CHAIRMAN. It was limited at the former session. Mr. WICKERSHAM. There is no limitation in the bill anywhere. My bill provides a limitation. It provides that the legislature shall be elected by the people, and shall not sit longer than sixty days in any year. Senator NELSON. As an independent proposition, what about $25 day as compensation? Mr. WICKERSHAM. My bill provides for $15. I thought the sufficient. I do not object to $25. Senator NELSON. What do you propose to provide for Senator NELSON. So you agree with this bill on mi Mr. WICKERSHAM. At Juneau, where the le cost of living is practically the same as it is i ington. I think the cost of living in Juneau i Senator PILES. I S Mr. WICKERSH... pass, to paying a goo pay good salaries The eighth sect That the Consti United States enacte. Te Ti Enacted here for including laws carrying plicable, shall have DH United States. Section 1591 of the extends the Cou |