REPORT OF THE GOVERNOR OF ALASKA. EXECUTIVE OFFICE, Sitka, Alaska, October 15, 1900. SIR: I have the honor to transmit herewith my annual report on affairs in Alaska for 1900. LAWS FOR ALASKA. This district is now blessed with a body of good laws. The "Act to define and punish crimes in the district of Alaska and to provide a code of criminal procedure for said district," approved March 3, 1899, has been in operation since July 1, 1899. A large criminal docket has been disposed of under the provisions of this code, and all know that the courts can administer justice legally. Objection has been made to the provisions in section 460 requiring business men and traders to take out licenses. Some are disposed to question the law, as they assert that it is unconstitutional, while most who pay it would like to have provisions made for spending it all within the district and not send it to the general fund at Washington. This has been partially brought about by a provision in section 203, chapter 21, on the incorporation of the towns in the "Act making further provision for a civil government for Alaska and for other purposes," approved June 6, 1900. Fifty per cent of the whole sum collected within each corporation is to be used for school purposes under the direction of the council. This act makes provisions for two additional courts. The district is to be divided into three divisions. In Division No. 1, the judge resides at Juneau; in Division No. 2, at St. Michael; in Division No. 3, at Eagle City. Section 13 of title 1 provides that "The judges of the district, or a majority of them, shall, as soon as practicable after their appointment, meet, and by appropriate order, to be thereafter entered in each division of the court, divide the district into three recording divisions, designate the division of the court to supervise each and also define the boundaries thereof by reference to natural objects and permanent landmarks or monuments in such manner that the boundaries of each recording division can be readily determined and become generally known from such description, which order shall be given publicity in such manner by posting, publication, or otherwise as the judges or any division of the court may direct." On account of the urgent necessity for the judges who were assigned to divisions 2 and 3 to get 5 to their locations at the earliest moment and put their courts in operation, there was no meeting of the judges to carry out what is provided in this section. There may possibly be some confusion until the judges can meet and make the division. The official register of the district, as accurately as it is possible to make out now-for the judges are appointing commissioners right along-is as follows: Governor.-J. G. Brady. United States judges.-Melville C. Brown, Division No. 1, Juneau; Arthur H. Noyes, Division No. 2, St. Michael; James Wickersham, Division No. 3, Eagle City. United States attorneys.-Robert A. Friedrich, Division No. 1, Juneau; Joseph K. Wood, Division No. 2, St Michael; A. M. Post, Division No. 3, Eagle City. Clerks.-W. J. Hill, Division No. 1; George V. Borchsenius, Division No. 2; A. R. Heilig, Division No. 3. United States marshals.-James M. Shoup, Division No. 1; Cornelius L. Vawter, Division No. 2; G. G. Perry, Division No. 3. Commissioners.-Edward de Groff, Sitka; Hiram H. Folsom, Juneau; F. P. Tustin, Wrangell; L. R. Woodward, Unalaska; Phillip Gallaher, Kadiak; C. A. Shelbrede, Skagway; W. J. Jones, Circle City; Charles H. Isham, Unga; Lenox B. Shepherd, St. Michael; Sol. Ripinsky, Haines; J. P. Smith, Ketchikan; L. R. Gillette, Douglas. Deputy marshals.-Division No. 1. W. H. McNair, Sitka; J. W. Snook, Sitka; W. S. Staley, Juneau; William D. Grant, Wrangell; John McElheny, Douglas Island; Edward C. Hasey, Kadiak; Lewis L. Boweers, Unga; James C. Blaine, Unalaska; Josias M. Tanner, Skagway. United States land officers.-Surveyor-general, W. L. Distin, Sitka; register, John W. Dudley, Sitka; receiver, A. J. Apperson, Sitka; clerks, Clinton Gurnee, Sitka; G. W. Stowell, Sitka. United States deputy mineral surveyors.-William G. Atwood, Rampart City; George M. Ashford, Nome; Nathan E. Beckwith; George E. Baldwin, Valdez; Arthur G. Blake, Nome; H. Tilly Browne, Nome; Will S. Bliss, Nome; J. F. Bleakley, Nome; Warren V. Clark, jr.; E. J. Chamberlain, Eagle City; W. S. Chapman, Nome; H. Smith Clyde, Nome; Charles E. Davidson, Nome; James M. Davidson, Nome; John C. Des Granger, Council City; Langdon C. Easton; Henry H. Edgerton, jr., Nome; David Fox, jr., Nome; Francis B. Flood, Neme; George W. Garside, Juneau; Charles W. Garside, Nome; Thomas H. George, Nome; Henry D. Green, Valdez; Albro Gardner; Lloyd G. Hill, Juneau; Paul Heinze, Nome; Hermann Heinze, Nome; Ward M. Jones; Albert Lascy, Nome; Sidney J. Marquid; Clarance A. Miller, Nome; James L. McPherson; A. E. Nickerson, Dawson, N. W. T.; Gelo. F. Parker, Skagway; George S. Pershin, Nome; Homer C. Parker, Council City; Addison M. Powell, Valdez; Paul Ricker; James E. Sneveley, Eagle City; Amasa Sprig, jr., Nome; Vivian P. Strange; Norman R. Smith, Nome; Francis Tagliabue, Nome; Charles E. Wick, Douglas City; Nathan B. Whitfield, Ketchikan; Robert F. Whitham, Valdez; Stanley J. Willis, Valdez; F. H. Whitworth, Ketchikan. Deputy surveyors.-William G. Atwood, Rampart City; George M. Ashwood, Nome; George E. Baldwin, Valdez; Arthur G. Blake, Nome; James E. Caustin, Wrangell; E. J. Chamberlain, Eagle City; C. E. Davidson, Juneau; Thomas H. George, Juneau; George W. Garside, Juneau; Clinton Gurnee, jr., Sitka; Charles W. Garside, Nome; Paul Heinze, Nome; Herman Heinze, Nome; Frank H. Lacy; Albert Lascy, Nome; Gelo F. Parker, Skagway; Francis Tagliabue, Nome; Alfred Williams, Skagway; Nathan B. Whitfield, Ketchikan; F. H. Whitworth. Department of agriculture.-Special agent, C. C. Georgeson; superintendent, Fred E. Rader, Sitka. Bureau of education.-Agent, Sheldon Jackson; assistant agent, William Hamilton; superintendent of schools, W. A. Kelly. Internal revenue.-Deputy collector, H. E. Batin, Skagway. Customs officers.-Collector, J. W. Ivey; special deputy, W. D. McNair, Sitka; deputy collectors, F. E. Bronson, Sitka; John M. Tenny, Juneau; J. H. Causten, Wrangell; John R. Beegle, Ketchikan; Claud B. Cannon, Kadiak; Frederick Sargent, Karluk; J. F. Sinnott, Unga; William Gauntlet, Unalaska: E. T. Hatch, St. Michael; Charles Smith, Circle City; G. A. Waggoner, White Pass; John Goodell, Orca; C. L. Andrews, Skagway; S. T. Penberthy, Homer; H. E. McCarty, Forty Mile; L. P. Wright, Nome. While this act was on its passage through the House of Representatives there was a determined effort to reduce the number of judges to two. This would have been a great injustice to the people on the Upper Yukon, who have been waiting for years for a court wherein claims of great value, which are in dispute, might be determined and settled. Judge Wickersham set dates for holding terms at Rampart, Circle, and Eagle. He has a great mining district within his division and his court will find abundance of work throughout the year. Never was a man sent to fill a more trying position than Judge Arthur H. Noyes is now filling at Cape Nome. Everybody and everything is pellmell. There are several claimants for each town lot, beach claim, and creek claim-25,000 people waiting for the court to open its doors. In what part of the world outside of the United States could so many people assemble together, and under such feeble restraint, be found, and at the same time so well behaved? Men went there to seek fortunes by mining, by trade, and by gambling. All were living at a high pressure of excitement, yet there was but a small number of cases of violence. There was a good list of undesirable characters from all quarters of the globe, but the number of those who love order was far larger than those who rejoice in uproar and anarchy. It speaks well for the home training, and is certainly a fine illustration of our institutions. The officers of Division No. 2 will have enough to keep them constantly employed for a long period. The business transacted within the first three weeks is thus reported by Mr. George V. Borchsenius, the clerk: The following is a statement of suits filed in the office of the clerk of the United States district court, district of Alaska, second division, and of the moneys received by me as clerk of said court, to and including August 11, 1900, excluding, however, certain moneys deposited with me as such clerk as security for costs or in lieu of a bond, in certain actions pending in said court: Received from George B. Swinehart, United States commissioner. Total 60 17 $1,823.60 160.00 45, 410.00 1,400.00 135.00 100.00 55.00 10.00 15.00 250.00 100.00 50.00 6, 581.00 55.00 844.90 56, 989.50 If it be asked, "Does the recent legislation give adequate protection to life and property in all parts of the district?" the answer would be: No; it does not. The two additional courts and the codes are a great blessing, and all who can enjoy them are thankful. But the whole southern coast, from Unalaska to Yakutat, is without protection, and within this area the population is very considerable and the property interests in fisheries and mines and other industries will amount to millions of dollars. Unalaska is 750 miles from St. Michael, and during a large part of the year no communication can be had between the two places. The same place is 1,300 miles from Juneau, and it requires the present mail steamer about ten days to make the run. Unalaska is and must remain a strategic point in our possessions on the Pacific. For several weeks in the early summer there was a large number of ocean-going vessels at anchor here and from 8,000 to 12,000 people, yet there was not an officer there who could issue a warrant. Two hundred and fifty miles toward the east is the Shumagin group of islands, where there are several settlements. On Unga Island is located the Apollo Consolidated mine, which has been employing from 150 to 300 men. One hundred and twenty-five miles from Unga is Chignik Bay, on the Alaska Peninsula, where there are canneries which employ hundreds of people. One hundred and seventy-five miles to the eastward is Karluk, upon Kodiak Island, and within a few miles Uyak Bay, where are large canneries employing many people. There are many settlements upon Kodiak Island. North and east of this island is Cook Inlet, where there are a number of settlements. Men are engaged in placer mining, coal mining, salteries, and canneries. Here it is well to quote a letter recently received at the governor's office: Governor BRADY, Sitka. COOK INLET COAL FIELDS COMPANY, SIR: I have the honor to inform you that we are making considerable progress in the construction work of our railroad from the spit to the mines, and have our locomotive running as far as the track has been laid, 3 miles, awaiting the balance of the rails. We are at present employing some 120 people outside of the natives and have made marked development at the mines and in the general construction work. The great trouble we have to contend with is drunkenness. Liquor is sold by certain parties on the spit to our men, and done openly and defying the law, for they have no license, and we are powerless. Outside of these few people, who defy all, no others but our employees live here. I would like you to inform me what can be done in the matter to prevent this illicit sale of liquor (I am informed to the natives as well). The parties possess no license and occupy one of our buildings, and we can not get them out except by brute force. With our community we have no deputy marshal or commissioner, and every time I have been to Juneau to obtain relief of the courts the judge has been away. They tell you here to your face that there is no law in Alaska. Is there any way we can proceed to secure the conviction of those who defy the law so openly and jeopardize the peace and lives of the community? One of our men was thrown from a wagon under the effects of liquor and had his leg broken recently, and the lives of our men and property and live stock are risked because this defiance of the law is permitted. We had one of our men appointed last winter to act as deputy marshal, but unfortunately he became addicted to drink as bad as the rest, thus uniting forces, so to speak, or joining hands with the parties in this illicit sale of liquor. As a result he no longer remains in our employ. Your courteous acknowledgment and advice in this matter to bring these offenders to justice and preserve the good name of temperance for Alaska will be appreciated. Yours, truly, ALFRED RAY, President. East of the Kenai Peninsula is Prince William Sound, which bids fair to open up copper mines of great richness upon its shores and to possess the best entry port to the heart of Alaska. Valdez is already a place of much importance. There is a large cannery at Orca and another at Odiak near by. All these people and their property along this immense stretch of coast are left thus without protection. Again, many of these people were here before the territory was ceded by Russia, and article 3 of our treaty with Russia is as follows: The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should pre fer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country. We have not and are not complying with these solemn obligations. The court in southeast Alaska will be kept busy in adjudicating matters which are constantly presented in this section, and there will be no time for an itinerary along the coast to Unalaska. It requires another court, with headquarters at Valdez or Kodiak, but to make this court efficient and independent it should be furnished with a steam vessel, thoroughly seaworthy and kept in constant readiness. To some this may seem impracticable and too expensive; but Alaska has not been a financial burden to the United States, and the stores of wealth which she has in reserve for those who come here to toil will justify a broad and liberal treatment at the hands of Congress. The weakest part in the "act making further provision for a civil government for Alaska" is the matter of commissioners and deputy marshals. The former are appointed and set aside at the will of the judge. They have an extended jurisdiction, are ex officio justices of the peace, recorders, probate judges, notaries public, have power to grant writs of habeas corpus, and have jurisdiction in civil actions to $1,000. Their courts, therefore, come into intimate contact with the great majority of the people. They should be men of more than ordinary force and intelligence and should be versed in the law. The only compensation for a commissioner or a deputy marshal is from fees, as is provided in section 11. An accurate detailed account of all fees received and disbursements made by the commissioners and deputy marshals shall be filed quarterly with the clerk for the proper division of the district court and approved by the judge thereof, if found to be in accordance with law; and all net fees received in excess of the sum of $3,000 per annum by any commissioner or deputy marshal shall be annually paid to the clerk of the proper division of the court and by him paid into the Treasury of the United States, such payment to be accompanied by a verified detailed statement of such deputy or commissioner. This is so uncertain that men will not, in many places, accept an appointment. They can make more money by working either as a mechanic or a day laborer in the mines. A few places, where there will be much recording, as at Nome and Juneau, may pay the full amount of $3,000 in fees or more. There was not a man in the neighborbood of Unalaska who was willing to apply for the commissionership. He could not be assured that he could earn in fees the cost of his rent and stationery. And yet, as stated above, this is a most important point at which to have an able man who can perform the duties of the office well. Section 30 of the act provides that In case the law requires or authorizes any services to be performed or any act to be done by any official or person within the district of Alaska, and provides no compensation therefor, the Attorney-General may prescribe and promulgate a schedule of such fees, mileage, or other compensation as shall be by him deemed proper for each division of the court, and such schedule shall have the force and effect of law; and the Attorney-General may from time to time amend such schedule and promulgate the same as amended, and the schedule as amended and promulgated shall also have the force and effect of law. The Attorney-General did, on August 1, 1900, prescribe and promulgate a schedule of fees and instruction to United States marshals, attorneys, clerks, commissioners, and notaries public. The commissioner is to keep all sorts of books and all sorts of accounts, and what |