sively to the duties of their respective offices, and leaves of absence to enable such officers to visit Washington will not be approved by the Secretary, except in cases of emergency, the reasons for which must be satisfactory to the department."

Much irritation had formerly arisen between the Delegate and the governor of Alaska, who was then in Washington, where he had spent his previous winters, interfering with legislation which the Delegate was endeavoring to secure for the Territory. The governor was sent home, and it was promised that no more interference of that kind would be allowed.

Now, however, the order of the President is violated in a highly more harmful degree by another territorial officer from Alaska, but one connected with the War Department. Maj. W. P. Richardson is the chairman of the Alaska road commission, especially assigned from the regular army for that work. He has spent his winters for some years in Washington, without occasioning remark, gently lobbying for his special work in Alaska, but this winter he has arrogated to himself the duty of controlling general legislation for Alaska in a way which I decidedly resent.

Herewith I hand you a letter-press copy (letter-press pages 985-997) of a bill for the creation of the "Alaska railway commission," which Major Richardson gave me some ten days ago. He knew that I favored some form of government aid to railroads in Alaska. I did not examine it for some days, but when I did I was astonished to find in it a scheme to perpetuate Major Richardson and his Alaska road commission. But my surprise was even greater when I found a clause in section 20 (letter-press page 996), providing:

66 * * ** 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 (purchase) 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,

*

In view of the fact that there might be as many contracts let as the commission might approve, and that the valuable Cunningham and other groups of coal lands might be abandoned as illegal and immediately taken under this bill by the Guggenheim and other roads, it seemed to me to open the door to despoiling the Government and enriching the Guggenheims and their allies. Major Richardson desired me to introduce this bill, and gave it to me for that purpose, informing me that he was permitted to remain in Washington by the President for such purpose.

I would not have protested against even this extraordinary effort of Major Richardson but for his subsequent actions in collaborating in and lobbying for the Beveridge bill for the creation of a military legislature in Alaska. This proposed legislation is so outrageous in its un-American principles and so opposed to the best interests of the people of Alaska and to their expressed wishes that my sense of duty to them will no longer permit me to remain silent. I hand you herewith a copy of the bill (S. 5436) introduced by Senator Beveridge on January 18 instant. Prior to its introduction Major Richardson informed me that he was being consulted in its preparation, and that his action in that respect was approved by the President. I was not consulted in its preparation, though Major Richardson was, and this latter fact is apparent in its contents. The bill provides for the appointment of a legislative commission of nine, with unlimited powers of legislation over the lives, liberties, and property of the people of Alaska. It provides for the appointment of an attorneygeneral, a commissioner of the interior, a commissioner of education and health, and a commissioner of mines, who, together with the governor and four other persons, all to be appointed by the President, shall constitute the legislative council of Alaska. The proviso in section 16 of the bill provides:

"That one or more of the offices created by this act may be filled by officers of the United States Army. The official salary of any officer on the active list of the United States Army so serving shall be deducted from the amount of salary or compensation, provided by this act: Provided further, That in the event of any officer of the Army being so appointed as commissioner of the interior he shall constitute one member and be chairman of the board of road commissioners."

If these two bills should become the law it would probably permit the three officers of the United States Army now constituting the Alaska road commission to become members of the legislative council of Alaska; it would result in Major Richardson becoming the commissioner of the interior, a member of the

legislative council, a member of the Alaska railway commission, and continue him indefinitely as the chairman of the Alaska road commission. It would put practically all the power into his hands; he would become the dominant governing force and the dispenser of " franchises, privileges, and concessions". of the public resources of Alaska authorized in section 10 of the Beveridge bill. As major in the United States Army, Major Richardson receives no more than $4,000 per annum; under section 16 of the bill, as commissioner of the interior, he would receive $7,500, an increase of $3,500, together with his "actual traveling and subsistence expenses."

Aside from his personal interests under these two bills Major Richardson would be in a position to aid the Guggenheim and other big interests in Alaska. Guided by his action in standing sponsor for the Alaska railway commission bill, with its outrageous concessions in the matter of acquiring the coal lands of Alaska, I am not prepared to admit that he would not do so. No one knows better than Major Richardson that the American miners, business men, newspapers, and people of Alaska generally are indignantly opposed to placing the control of the vast resources of Alaska into the hands of an appointive military commission. Yet, in violation of the President's order of last March, he is found here lobbying for this form of government in opposition to the Delegate in Congress from Alaska, who represents the whole people of Alaska, excepting only one or two big interests which hope thus to control the great undeveloped resources of the Territory, as well as its government, through that channel.

The Beveridge bill was introduced on the 18th instant. I first knew of it on the 19th, and learned that it was then being considered in the Committee on Territories of the Senate. I immediately went there and requested, and was accorded, a hearing on the 19th and 20th. I there objected to Major Richardson's connection with the matter, and criticised him, as I had a right to do. I will forward you a copy of my statement before the committee as soon as it is printed.

On coming out of the committee room to-day I was met by Major Richardson in the corridor of the Capitol near the room. In an angry tone he threatened me for what I had said before the committee of the Senate about his connection with these bills, and said that only his position as a major in the army and my position as a Delegate in Congress protected me. I shall perform my duty as Delegate from Alaska without fear of assault from Major Richardson, but I most earnestly protest against being threatened in the Capitol by an officer in the army for daring to perform such duty. It is bad enough to have him lobbying around the corridors in an effort to impose himself as a part of a inilitary legislature upon a helpless and law-abiding American community in time of peace-to increase his own salary and to evade his duty in the armywithout having him threatening the representative of those people for performing his congressional duties, and I protest against his violence and insolence.

I respectfully request that the order of the President of March last be enforced against Major Richardson; that he be ordered to return to Alaska to devote his time to his duties as chairman of the Alaska Road Commission, or that he be ordered to return to his military duties in the United States Army. And I protest against his being permitted to remain in Washington as a lobbyist in favor of legislation which the Delegate in Congress from Alaska is opposing as inimical to the interests of the people of that Territory. Respectfully,

JAMES WICKERSHAM.
Delegate from Alaska.

Mr. WICKERSHAM. Mr. Chairman, as I said to you yesterday, the people of the Territory of Alaska have made very clear what they want in the way of civil government. The Democratic party, at the last election, the Republican party, in its two subdivisions, and the Labor party, each put out its platform, and each of those parties declared in favor of a home rule territorial form of government. It is understood there and it is understood everywhere throughout Alaska what that means-it means an elective legislature.

Senator CLARKE, of Arkansas. Most of those folks had home rule. before they went there; and they have gone out there where there is no home rule.

Mr. WICKERSHAM. Yes; and they went out to develop that country. Senator CLARKE, of Arkansas. They are howling for home rule as soon as they go out there.

Mr. WICKERSHAM. Just as you would do, if you went there, being an American. They are doing just as you would, and just as any other American would, going out to a country of that kind. Those people have been living out there for forty years. There they have schools, children are born there, growing up there, building up a great American community. Of course they are for home rule, and each of these parties declared for it absolutely.

That does not mean that we want a governor, because we have a governor. It does not mean that we want a system of courts such as they have in all the other Territories, because we have that. We have courts in the Territory, and we have a complete executive department.

Senator CLARKE, of Arkansas. They are satisfied?

Mr. WICKERSHAM. No, sir: dissatisfied.

Senator CLARKE, of Arkansas. You have a governor and now there is nothing wanting but a legislature.

Mr. WICKERSHAM. We want that; nothing wanting but that. Senator CLARKE, of Arkansas. Is your argument directed against the insufficiency or oppressive character of the laws?

Mr. WICKERSHAM. We are not complaining of the insufficiency or the oppressive character of the laws, except the one proposed that is before you, and that we are complaining about; and I think when you have read it carefully you will agree with me.

Senator CLARKE, of Arkansas. I have not read it, but

Mr. WICKERSHAM. I am sure you have not read it.

Senator CLARKE, of Arkansas. I know something about Alaska.. However, I do not know anything about this bill.

Mr. WICKERSHAM. When you do know about this bill you are going to be opposed to it.

Senator CLARKE, of Arkansas. It may be so.

Mr. WICKERSHAM. As I said, all our people have declared in favor of an elective legislature. We want a territorial legislature, a small one of 24 members, with its powers so limited that it can do no injury, limited in the way of taxation, limited absolutely in the way of powers which they may use either for or against the people; with a governor appointed by the President, who may veto every bill they may propose; with the provision that every law which is thus passed and approved by the governor, or passed over his veto, shall come before Congress and may be disapproved. That is what we want. We want even less than any other Territory ever had, but we want the ordinary law which has been extended to every Territory prior to this date.

As I said, the people held a Delegate election in August of 1908. They declared for these things and I was elected upon that platform, and I am going to stand here and insist upon the proposition earnestly and honestly to this committee; and I am going to show that what this bill proposes is in violation of the will of the whole people of the Territory of Alaska and, in my judgment, is open to so many objections that it ought not to pass. This committee ought not to report it favorably, and I hope it will not.

Senator OWEN. What are the reasons alleged in favor of an appointive legislature?

The CHAIRMAN. I may suggest that the Judge appeared before the committee on yesterday afternoon for an hour and a half. There were some interruptions and the committee gave him until 11 o'clock this morning so that he might present, in addition to what he said yesterday, in his own way, his argument against this bill.

Senator NELSON. I do not want to interrupt you, but I suggest that the best way would be to confine your argument as much as possible to the difference between the two legislative plans, one an appointive and the other an elective body.

Mr. WICKERSHAM. The Senator has suggested the wild and woolly character of our country out there. I simply want to read one telegram which was sent to the President to show how many newspapers we have.

The CHAIRMAN. You alluded to that yesterday.

Mr. WICKERSHAM. I did.

The CHAIRMAN. We have it in mind, so that you need not put it in again unless you desire.

Senator NELSON. Allow me to make a suggestion. It is that if the Judge desires to incorporate with this statement what he read yesterday, he should be permitted to do so.

The CHAIRMAN. Certainly.

Senator NELSON. As a part of his statement.

Mr. WICKERSHAM. Do you mean that I shall state it now?
Senator PILES. No; put it in the record.

Senator NELSON. Put it in with your remarks when printed.
Mr. WICKERSHAM. Very well. I will read just one.

Senator DILLINGHAM. It is simply to save time; that is all.

Mr. WICKERSHAM. This is a telegram which was sent to the President on the 25th of September, the day before he reached Seattle: FAIRBANKS, ALASKA, September 25, 1909.

WILLIAM H. TAFT,

President of the United States, Seattle, Wash.:

A united press and people of Alaska, in aid of constructive legislation for the creation of a government by the people in this Territory, and in aid of the development of its natural resources, respectfully request you to recommend in your next message to Congress and give your support to the creation of an elective Alaskan legislature in substantial conformity with Delegate Wickersham's bill introduced at the recent special session of Congress.

This is signed by 16 newspapers named here, and by the mayors of all the incorporated towns in the Territory, and by the president of the Sitka Chamber of Commerce and the president of the Seward Chamber of Commerce. It is signed by 16 out of the 19 newspapers in our Territory.

Senator CLARKE of Arkansas. Have you had any census taken there since last census?

Mr. WICKERSHAM. Yes. In violation of the statute, they took a census in December.

The CHAIRMAN. I do not want to interrupt, and I shall not. I shall have something to say about the taking of that census after the judge gets through. I do not want to take your time. The time is yours, Judge, to use in any way you please.

Mr. WICKERSHAM. As I said, I introduced a bill at the last special session of Congress which gives a territorial legislature of 24 persons, 8 in the senate, 2 to be elected from each of the four judicial divi

sions in the Territory, which fairly divide the population, and 4 members of the lower house from each of those divisions. That bill is here and the members of the committee can examine it. It has been carefully drawn, and I think it commends itself to some members of the committee very fully, certainly at least that portion of it which limits the power of the legislature, for the bill now before the committee is lacking in that respect. There are absolutely no limitations in it.

I want to read from the bill before you briefly, and call attention to the objections I have to it. It is a bill introduced by Senator Beveridge, and is said to have been drawn by the President, or at least to represent the President's wishes.

The CHAIRMAN. It does represent his wishes.

Mr. WICKERSHAM. I am astounded to learn that the President shall approve of some portions of this bill. It is a bill "to create a legislative council in the district of Alaska, to confer legislative powers thereon, and for other purposes.' I notice that the first section of it provides

That there shall be appointed by the President, by and with the advice and consent of the Senate, for the period of four years, unless sooner removed by the President, a governor, an attorney-general, a commissioner of the interior, a commissioner of education and health, and a commissioner of mines, who shall reside in Alaska during their official incumbency and have the powers and duties hereinafter provided for them, respectively, and who, together with four other persons, to be also appointed by the President for a like term of four years, by and with the advice and consent of the Senate, shall constitute a legislative council, at least four members of which shall be, when appointed, residents of the district of Alaska, one in each of the four judicial divisions into which the district is now divided, and in addition to the legislative duties hereinafter imposed upon them as a body shall exercise such powers and perform such duties as are hereinafter provided for them, respectively, and who shall have power to employ all necessary deputies and assistants for the proper discharge of their duties as such officials and as such legislative council.

Then it provides that the governor shall be the presiding officer of this body, and that there shall be a vice-governor, and that the official title of the chief executive shall be the "governor of Alaska; that he shall grant reprieves, etc., and see that the laws are executed. The third section provides

That the attorney-general shall have all the powers and discharge all the duties provided by law for an attorney of a Territory of the United States, in so far as the same are not locally inapplicable, and he shall perform such other duties as may be prescribed by law, and make such reports to the governor as he may require.

I do not know what that means, and I do not think anybody else does, because there is no law which provides for an attorney of a Territory of the United States, that I know of, passed by Congress-that is, general, at least and I know of no rule that would govern the attorney-general and no general law which would be met by that suggestion. I do not know what that means, except that it appoints an attorney-general for the Territory of Alaska.

Senator PILES. The legislature would define his duties.

Mr. WICKERSHAM. That is not what it says. It says he "shall have all the powers and discharge all the duties provided by law for an attorney of a Territory of the United States."

Senator FRAZIER. The Territories of the United States have no attorney-general. There never was one in the United States.