Constitutional Convention Supplement Jes,sen' s Weekly Fairbanks, Alaska November 4, 1955 .. Historic Meeting Starts Nov. 8 at College ****** ****** ****** ****** ****** Problems ·Facing 55 Delegates ·Reviewed Alaska Statehood · The Ex~utive Department, Committee Offers EStablishing ACORstitution; Analysis Of Issues The series of a.rtiCles preparelll 'by ·AKey To State Success the Alaska Statehood Committee Alaska's Big Op or unity and presented in these p a g e s By SPESSARD L. HOLLAND through the courtesy of your local By ALFRED E. DRISCOLL newspaper are designed to assist United States Senator From Florida; the people of Alaska in understand Formerly Governor of New Jersey; Governor of Florida, 1941-1945. ing the issues that will come before Member, Bar of the Supreme Court the Alaska Constitutional Conv~ tf, the United States The Alaska Constitutional Con tion which convenes at the Univer vention, assembling on Nov. 8 to sity of Alaska on November 8. Alaska stands on the threshold of draft a Constitution for the State a great and significant event. A Does Alaska of Alaska, will make provision for When the Alaska Statehood Com mittee was created by the Territor Constitutional Convention, to write organization of the three branches Significance Of -what will very probably be the of government-'executive, legisla ial Legislature in 1949, it was auth Need County orized a.rid directed to "have ready, last constitution for a new mem tive and judicial. These three ber of the American Union, will branches are of equal importance in preparation for the Constitution Constitutiona I al Convention, fully detailed infor cgnvene at College on November Government? and eac his indispensable in erect 8 mation a.nd analyses for use by the of this year. Its purpose is to iag a proper governmental struc Language write fundamental law for this part WENDELL G. SCHAEFFER ture for the new state. Oonvention in preparing the re Public Administration Service quired draft of a constitution for of America which is of such sup In the drafting of constitutions By ERNEST R. BARTLEY reme importance to our nation's !Jaska has no county govern- Alaska, to the end that the people Professor of Political Science ment strueture. Although the ter- most states have had more diffi destiny, nqw ti la.nd of potenth!i _ cu!ty iu · defining the truw !>IJO'.'t·l'l?ity f.'f ~iPg , l:nin:~·sity uf J?!prida; ties. 1 n ~Utl Legislat\lre is em'p<>w~ed upon a.n entirely .1;ound and t~~ll Director of Research, Florida J by Congress to deal generally with functions of the executive branch 'l'he spirit and inventiveness Alas than they have had with the legis oughly prepared document." · Constitutional Revision the subject of local government, Commission ka citizens have demonstrated for lative and judicial. Such difficulty The Statehood Committe has ar 88 years combined with the knowl it is specifically prohibited from ranged for your elected Delegates Constitutional purposes are ex creating a county structure without has had its origin in fallure to ad edge of over a century and half of here to certain fundamental con at the Constitutional Convention to pressed in the American tradition affirmative action by Congress. through· the medium of the written American governmental tradition cepts clearly inherent in tlie fed have a series .of technical manuals; When the delegates the Con word. The words, phrases, sentenc and practice should result in an or to eral Constitution-c_oncepts that are each dealing with a constitutional ganic law of the highest order for \ stitutional Convention meet in Col topic and specially prepared . to es, and paragraphs which are used basic to maintenance :if rPsponsi th~ prospective new state. lege, one of. the most important bility in a governmental system treat Ala.Ska.'s circumstances. - must be so c-0mposed that the re sult is a cohesive and comprehen This eonstitution will first be issues they will be called upon built upon the separation-of-powers Each of the articles presented on submitted to the v&ters of Alaska to consider is the creation of a principle. these pages is devoted to a specific sible whole, an expres~ion so far as human capabilities will permit of for approval. If they ratify it, structure of local government in Framers of the federal Consti· constitutional topic or issue. These the Constitution will then be pre Alaska. Consequently, the question articles do not pretend to offer sol the meaning and intent of the con tution wisely realized that when stitution framers. sented to the Congress of the of dividing the new state into creating three co·equal branches utions or to suggest constitutional United States which will be re· counties is certain to arise. It is language. They are furnished by the The first and sures~ evidenc.e of of government their objective faulty and ineffective constitu quested to accept it, thus admit· appropriate therefore to consider was· to create just three and no Statehood Committee in· an effort ting Alaska to· full partnership what a traditional Americ"an county to gain wider popular understanding tional drafting is found in the in more. Then they built into the correct use of 'language-violation in the Union. is, what are the functions normally structure adequate checks which of the work that your Delegates are The Constitution . and Modem entrusted to county officials, and of accepted rules of grammar, i.n each branch should exttcise in performing. When the Delegates a·ccurate punctu:\tic..n, verboseness, State Government. In the broad what has been the experience with providing necessary restraint up- have completed their work, you will sense, a constitution sets out the eounty government over the years. and, most important, failure to use on the others. • have an opportnuity to vote upon words in their ex:.ct legal context general rules under which the ac What is County Government! Framers of state constitutions the result-a proposed constitution Dean Roscoe Pound often tells tivities of government are conduct Many Alaskans have lived in have· sometimes departed from for the State of Alaska. a story of one flf his C\'.perience.s ed and limited. The document is an The Territorial Legislature's en~ other years in one or another of these concepts b1 subdividing the as a young attorney. H~ had been agreement by the people on the the United States and have some executive branch into a number of actinent calling the convention re appointed by the county commis· broad principles under which they familiarity with county govern· semi-independent units, each with quires tha.t its work be completed Sioners in his area as a mem· order their individual conduct to Dient structure. If they comp1lre _constitutional status, and each a.nd. In not more tha.n 90 days after her of a ~oard cl!arged .vith the make possible enjoyment of the Jiotes however, they are almost with its own independently elected the constitution is written, the peo responsibility of committing per benefits of an organized society. certain to discover that there is head. In the circumstances thus ple of Alaska will be called upon to sons to mental institutions. The Thus in 1789 the American people little uniformity in their expe created, . the state governor has accept or reject it. This must be done state legislation which had ere· established the ·constitution of tlie rience. The county in Washington sometimes found himself some within 120 days after the conven ated the board gave it the title United Stai:es, a document which is or Oregon bears little resem· thing less than a chief executive tifrn's adjournment. Thus within of "Board of Insane Commis today the oldest written constitu- --fdance to the county in Massa· and he has thus been precluded seve~ months from now Alaska may sioners." The legislative Ian· tion · in the world. . , chusetts, is different still from from fully carrying eut his consti- ha.ve a. constitution ready for. sub guage stated that it should be The American Union is a federal that ef South Carolina or Florida, (Continued on Page 5) mission to the U. S. Congress. The Legislative Department 1 Establishing The Judiciary---Guardian • · I , Constitution Voice Of Alaska s People1 ... ~~:,":.~'! i;;::::~ !:.fun- Of Rights Of Citizens damentals. The Constitution of the One of the tasks of the Constitu- and Delaware) to 67 (Minnesota). United States has survived these by strikingly similar conclusions as t• tional Convention which convenes In the larger lower houses the num many years because, for the most Thomas B. Stewart the proper necessary elements of ber varies from 35 (Delaware) to Executive Officer a sound judiciary. And so is p-Os at College on November 8 will be part, the men who met at Phila ii 400 (New Hampshire). The uni delphia 166 years ago made no ef Alaska Statehood Committee sible to suggest such elements for to provide for a Legislature-one cameral legislature of Nebraska has fort to write into the document One of the greatest challenges, the consideration of the Alaska Con of the three coequal branches of 43 members. minutiae better left to the discre and simultaneously, one of the rar stitutional Convention with a con American government. The major tion of the legislative and execu fidence enhanced by a great weight In general it is believed that most est opportunities, will face the dele function of the Legislature is the state legislatures are tQo large, par tive branches of the government. of respected, supporting authority. formulation of policy and the ex ticularly the lower house. However, Having reached a fairly general gates of the Alaska Consfitutional As to the organization of a court pressi0n of that policy through the it is also urged by many experts agreement on fundamentals, and Convention in the problem of de system, it is generally agreed that pa~age of laws. In addition to its that the lower house should con- having resisted rather well the signittg a judiciary for the future of there is need for at least three bas- major funcrton of law making, the tain at least 40 members in order temptation to write detail into the Alaska. The challenge is great be ic levels of courts. At the highest Legislature generally exercises document, they produced an or that committees may function prop cause in the judiciary rests the level is a court of ultimate appeal, bro.ad deliberative and investigative erly. The actual determinant in most ganic law capable of being flexi in which parties to cases may obtailt ·functions. As stated by Woodrow ultimate protection of the funda states has been the system of ap bly interpreted to meet the de a final review of the determinatiom~ Wilson, the legislature "is meant to portionment of seats rather than a mands of a growing society. mental rights of persons tradition of lower courts. The issues before be · the eyes and the voice, and to decision as to the most effective The fundamentals of the Alaska ally guaranteed by our American the Alaska delegates on the crea embody the wisdom and will of its size from the standpoint of effici Constitution can be divided into federal and state constitutions; only a tion of such a court, often called. . c.onstituents." ent procedures. two categories: (1) the- funda well-designed judiciary can effici the Supreme Court of a state, wiU Under the American t:qeory of Elections. The Legislative Article mentals of principle, and (2) the ently and fairly perform this guard include questions on what should popular sovereignty, the Legisla will contain provisions for the elec fundamentals of organization. ianship function. The opportunity be its composition and on what - ture is viewed as the people acting tion of Legislators, their term and Under the fundamentals of is rare because Alaska, not having should be its jurisdiction. in their respective capacity. Also, all their constituencies. The size and principle can be listed such con as a Territory its own judicial sys At the next level there is need for powers of government not granted nature of the Legislature will de cepts as the belief in popular tem, is free to choose from the best a court of general jurisdiction in in the Constitution to the other pend, in part, upon the constitution so,·ereignty-the idea that all modern concepts of a judiciary which criminal and civil cases are branches nor denied to the Legisla al provisions relating to selection of governmental power comes from without being hampered by that originally brought for consideration ture may be exercised by the legi members. Unlike the United States the people and must be exercised resistance to change which so often and trial. While the authority of' slative body. Thus residual govern Congress. both houses of state legis in conformity with their de· c!1aracterizes long-established sys such a court would properly extend. mental power may be exercised by latures in most states are appor sil:es as expressed through dem tems. over the entire state, it could be· the Legislature. tioned on the basis of population. ocratic processes. The Alaska The people of Alaska have grown set up in divisions to function in Constitution should be based, too, Restrictions on the powers of Other bases of apportioning seats accustomed to a federal judiciary the various populated areas of the· on the concept of limited govern· state legislatures arise from several in both houses are area, governmen provided by presidentially appoint state. sources. The United States Consti- ment, so fundamental to demo ed judges· and a system of district The remaining question concernsc tal units, or combinations of popula cratic thought; that governmen tution places certain limitations up tion, area, and units. Thus states commissioners. With statehood, some the provision of localized.- jp~ on state legislative bodies. Likewise, tal officials should be held ' to of these services must be replaced services to consider misdemeanors, have not folla.,.ed the Congression strict account for their actions; the Legislative Article of the state al system of area basis of apportion by a •state judicial system., This_ is civil case~;. involving relativi::b.' ~ constitution places further and spe the belief that certain civil rights a crucial changeover. Not only-must sµms; · traffic violations, and like· ment of the upper house &.nd a pop are protected from interference cific limits on the ability of the ulation ba,sis for the lower house. the new ·state judiciary administer cases. The Con"\lentUm delegates;. · , Legislature to act in certain fields. on the , part of gover.nmental au- justice promptly and impartially, must determine whether:these-c:ases.:. · With regard to- the problems of ,thotity. A Bill of Rights is a Other limits arise by implication but it will have the added task of which daily affect the lives of apportionment of seats it has been traditional Ao:erican constitu· a from both the national and state interpreting the new constitution. great many more people than do the· urged that the two houses should tional expl"ession of this idea~ • constitutions. These interpretations can have an more serious cases, should be con-: . have basically different representa · There ~i.n be ~greement on the One of the tasks of the Constitu tive bases or they serve no useful important effect on the future of sidered in terms of a lower level of' tional Convention at College will be American concept of the separation the state. courts established_especially- fO{ this; check on each other. Thus the of powers; the division of govern to write a Legislative Article. Many theory of "equal representation" The issue of what principles and purpose, or whether the CQUrt of· mental authority among legisla general. original jurisdiction may be· of the states have adopted restric must be abandoned in at least one concepts might be embodied in the tive provisions in their legislative ture, executive, and judiciary to expanded to handle this case load. house of a bicameral legisla'ture. the end that all governmental pow· .constitution in a. judiciary -article artides. In addition, all pfovisions But whatever courts may be cr~ In most state's the members of the er never be concentrated in the can well be considered .in terms of of other Articles of the constitution three basic topics: (1) the organiza ated, whether on varying levels -&r create implied restrictions, because upper house serve a longer teri:n hands of one branch of govern with varying special functions, mod- than in the lower house. In 28 of ment. The principle of checks and tion of the court system; (2) the the Legislature must operate within pe~sonnel of the system, including ern authorities have agreed that all . the ge.neral, as well as specific, the states Senators serve for terms balances will be incorporated into courts should be a part of and with of four years and House Members the Alaska organic law, in . order. qualification, selection, tenure, and ·: frairie\York of the Constitution.. related matters; and (3) .administra in an integrated or unified system serve terms of two years. In 16 that each branch may check the Unlike the United States Constitu tion of the ·system created. which would exercise all of the ju states all members serve two-year other. tion with its broad statements -0f In recent times there has devel dicial powers and authority of the terms and in 4 states all members Having established the funda powers and restrictions, many state oped a _surprisin!?'tinanimity of opin state. serve four years. governmental organization. The constitutions are filled with detailed ion among- both practitioners and The constitution should also pro mentals of principle, the Alaska restrictions which have seriously In those states which provide theorists as to the remedies for de vide a basis for selection of the Constitution should establish, in hampered attempts to adjust to four-year terms for Senators it is fects in existing state systems. Prac judges. at least for those who will generally intended that provision broad outline, the fundamentals of serve on the highest court of the changing circumstances. One of the document should create the three ticing attorneys, judges, legal theo problems facing the delegates to for the longer terms will provide a rists, and laymen, have come to state. Probably the principal issue stability and continuity ()f member branches of government - legisla to be resolved is whether judges of· the Alaska Constitutional Conven ture, executive, and judiciary tion will be to decide what is the ship in the upper body. Frequent the highest court should be elected election of all members of the low- and confer on them their various trust of legislative bodies - and a or appointed. Each method has its• proper role of the Legislature for powers. There will, naturally, be tendency to assume that economic the State of Alaska. er house is intended to give ex advantages and disadvantages. pression to changes in public sen considerable argument by the citi and social problems require consti There is considerable interest in The· Legislative -Article of the zens and the delegates to Conven tutional solution (an assumption timent each two years. the so-called Missouri pla~· Whicli. Constitution will contain provisions tion as to the exact form of each of amply dispro.ve tions, procedures, and general pow islative Article of the Constitution should exercise. But it is interest If tae. delegateS' · _are Wise and made by a panel selected partly by ers of this important branch of rep will establish the times and length ing to note that the framers: of the profit by the accumulated expert.... the Governor and partly by the PX-· resentative government. Yet the spe of legislative sessions. Many state national Constitntion made little ence o.f other states, they will 're isting court system or laymen. The cific provisions may not be as sig constitutions, adopted in the Nine effort, even in the area of organi sist the temptatiozt to cli..tter the judge selected by the Governor nificant as the general attitude teeth Century, have placed unreal zation, to set out the detailed or constitution with legislative enact serves one year, and then his name toward the Legislature reflected by istic limits upon legislative sessions. ganization of each branch. This ment. The incorporation of unnec "goes on the ballot, without oppo the comj:ilete document. As government has become m.ore wise decision to lay out organiza essary detail may seriously ham complex, the need for longer and sition. with the voters saying "yes" In attempting to write the Legis tion in broad and fundamental ter per Alaska's growth. Attainment of more frequent sessions has become or "no" to the question of whet.her lature Arti.:le the delegates will be minology has proved itself to be a government designed to cope suc apparent. To overcome such limita or not he shall continue in office for ·confronted with a confusing mass of one of the great strengths of the cessfully with the tremendous tions state legislatures have been a regular term. The delegates to the information regarding state legis national Constitution. changes that may be wrought in forced to resort to subterfuges that Alaska Constitutional Convention latures. The experiences of the The Constitution a :Brief Docu-· an era of the greatest and most do no credit to a representative may well give careful- consideratioa. 'states display wide variations and m~nt. Agreement by the citizens· of rapid transformation in all record body. Alaska that their Constitution shall ed history is likely to be defeated to this among other possible ar difference with regard to the legis A majority of state constitutions rangements. lative body. Thus it will be diffi contain only fundamentals will re by adherence to specific practices provide for a biennial session lim Judicial administration is the third cult to look to the experience of the sult in a document notable for grev which were adopted legislatively in i~ed to a specified number of cal area which in addition to judicial states with any hope of discerning ity. The national Constitution con a by-gone age. endar or legislative days. Also, state organization and personnel will con any "best" form for the Legislative tains scarcely 8,000 words in con Summary. If the Constitution of constitutions usually provide a trast to the "book-length" docu front the framers of our constitu Artide. As examples of these dif Alaska sets out ,fundamentals, it method for calling a special session. ments of California (72,000 words) tion. Inadequate provisions for ju ferences, the following might be will be brief and capable of broad In recent years the legi:§fatures in dicial administration, in many noted: and Louisiana (65,000 words). The interpretation. It will, in short, be µiore and more states have been av.erage worcl,age for state constitu a documtmt designed to grow with states, has resulted in a huge back Structure. Structure of the Legis- called into special session to handle tions today is around 15,000. the State of Alaska, to aid the log of -cases and unreasonable delay lature is concerned with the ques- business for which there was insuf The longer the constitution, the State to grow and to achieve the in adjudication of cases brought be tion of whether there shall be one ficient time in the regular session. more in need of amendment it greatness of which its area is only fore the courts. Provision for cen house or two. All' Amedcan Legis- However, this problem can be re seems to be. The California Con the least important manifestation. tralized administrative responsibil latures, except the unicameral sys- solved if there is provision for the stitution was amended 343 times ity, with opportunities to assign terns of Nebraska and Guam, are Governor to call special sessions, in the 66·year period from 1886 " . . . conventions were elected in judges according to litigation needs, composed of two chambers, usually and also a method by which the to 1946, with many .more amend the several States for establishing plus administrative aids such as called the Senate and House of Rep- Legislature may convene itself by ments adopted since 1949 ! The the constitutions under which they court administrative' officers and resentatives. Nebraska has had ex- special session by request of a con Louisiana Constitution has been are now governed . . . as the plan judicial councils have speeded ana perience with a single-body legisla- stitutionally established percentage amended scoces of times. to be framed and proposed was to made more efective the administra ture since 1937. Although Nebraska's of the members, The mass of detail written into be submitted to the people them tion of justice in many states. experience indicates that a single SuMMARY the average state constitution has, selves, the disappropriation of this Alaska wants and needs, when it legislative body overcomes mariy of The delegates to the Alaska Con·- of course, -resulted in the extreme supreme authority would destroy it attains statehood, an honorable and the defects of the two-chamber body stitutional Convention will be able length. But underlying the demand forever; its approbation blot out an efficient court system to fill the - without losing any of the tradition- to profit from the mistakes of states for detail has been a popular dis- tecedent errors and irregularities." void that will exist with the with al "checks and balances" no other in establishing their representative Madison, The Federalist. drawal of U. S. Commissioners ana .state has adopted the system. body. State constitutions contain provision~ regarding the Legisla the limited jurisdiction of U. S. Size. The size of state legislatures many unrealistic restrictions which ture will establish both the frame " . . . every government onght to judges when Alaska becomes a is quite varied. In the states having have prevented their legislatures work and the role of the Legislature contain in it.lielf' the means of its state. Alaska can profit from the ex a bicameral legislature the number from adapting to new or changing as the representative branch of own preservation." Madison, The perience of other states in estab ~f Senators varies from 17 (Nevada circumstances. The Constitutional stl!-te government. Federalist. lishing a sound judiciary. llJeve11ilH9' 4, 1955 CONS'l'ITUTIONAL CONVENTION SUPPLEMENT Page Three Convenfi,on Must Provide - Si~n-ificance What Should Be Included • • Of Language I A S . ( . . "' men ments ev1s1on (Continued From P~ge If n . ' tale ' onst1tut1on ~ For d I R "the duty of the said Insane - • By tile ALASKA STATEHOOD caution should be exercised in pre- Board" t<> perform certain fnoc- COMMITTEE scribing publication requ!f'ements tiens. The language in this in· By THE ALASKA STATEHOOD provisions declarina that the PoW A good state constitution will if they are to be written o.t all stance probably did not express COMMITl'EE ers of government are divided .contain provisions for its future Ratification of Amendments. A the intent of the legislature and among the legislative executive-, amendment to o b t a in specific popular vote is almost universally serves as one of many possible In the first of this series of ar- and judicial br .stitutional convention delegates is normally the requirement for great importance of language and fundamentals, with the result tnat vision for a legislature. In some ·will be how well they draft the pro- ratification, there are variations style. The convention met at Phila the document is brief and conr.IBe. conslilutions lhe organization is .set ~isions for amendment and revi- upon which this is based; 'Such as, delphia in May of 1787 and by Sep We shall now consider two ques- out in great detail; in a few the .sion. majorities of those voting at the tember of that. year a draft of the tions: (1) what matters are t:US· legislative body is created in gen If the process is made too diffi- election or of those voting on the Constitution had been completed. tomarlly covered in the average eral terms. One state Nebraska, -cult, tkey may create a constitu- amendment. The framers were wise enough, state co.i;is~tutiott today, ancl C2) provides for a unicameral or one, -tional straitjacket; if the proce<>s Stricter ratification requirements however, not to let matters rest whether it. lS _proper that the _Alas- house legislature. Many states is .too easy, they will have open- can, of course, be found; such is, at that point. kan Constitution should provide a prescribe legislative procedure· in .ed the floodgates to the writing of a three-fifths election majority i>r On the 8th of September a Com coverage of all, or part, of these? considerable detail. - .statutory minutiae into fundament- a straight majority wher~ a pre- mittee on Style and Arrangements Contents 9£ State Constitutions (4) Executive Officers and Pow• al law. scribed minimum perce'1tage of was appointed consisting of Gouv- Today. Many a state eonstitu:.ion ers. All states hav~ provisions for Satisfactory guideposts for voters in' an election must have eneur Morris, James Madison, is a most remarkable hodgepodge the election of a cbief executive reaching a decision on this point expressed their preference on the Alexander Hamilton, Doctor Wil of matters ranging from the basic but others elect in addition a great are not available. Similar or even amendment. · liarn Johnson, and Rufus King. It to the ridiculous. Most state consti- number of other state administra identical procedures, adopted in About half of the states require was this committee, and more par tuti~n.s, like Topsy. "just gro~ed." ti,., ·officials . Some constitutions ·different states, have proved in amendme1'ts to be submitted at a ticularly the literary and articulate Additions _ were made without provide for various boards and retrospect too difficult in the general / election. The other. states Gouveneur Morris, which had the thought !o. the ov_er'.'ll rf>~ults of commissions. -ene, and too easy in the other. variously specify a special elec- responsibility of eliminating er such additions. A listing of be Lop- (S ) J d" "al • ti Ji · 'Tbe seundest approach to design- tion often with time limits within rors, inconsistencies, and excess ics gerterally covered serves to il· . . u icr 0 rgamza on, urIS· ing the processes of amendment which the election must be held, verbiage and of giving final polish lustrate the wide variety of matters dicti~n, and Procedure. All states and revision requires considera- defer to legislative discretion, or to the language. deemed so basic and fundamental provide for a top court, usually tion of the nature of the whole are slient on the matter. The responsibilities placed on that they were ineorporated mto ~~e~ a supreme cou;-t. The ':11a censtitution produced by the con- Revision of State Constitutions: the Committee on Style were constitutions. In each of the cate-- J?nty of tates specify ~onstitu ventioo. When amendments to the constitu- h~avy ones. -They extended far gories listed there is, moreover, tii r.ally, lower court machinery as If the c<>nstitution is long, detail- tion are recognized to be piece- beyond the questions of mere wide variation in content among well. ~d •.and on many subjects specific meal and inadequate, it becomes literary technique and good us the states, (6) Suffrage and Eledioos. in nature-amendment and revi- necessary to overhaul the entire age. The people of the 13 states (l} Bills of Rights. All slate con- ( 7} Military PCJwers and Militia. -Sioll should be made relatively docurr.ent thro11gh revision. A few woulSeparation of Powers. Many stitution. state constitutions contain explicit (9) Loc3;1 _Governme~t. Mo~ ~eflecting differences in detail to draft its constitution. that is, ture interpretation by the contts, state constitutions contam provi- iand content, existing state constitu- by a convention provided for the legislature,. executive, and peo· sions, usually in extremely minute llions vary widely in length-rang- purpose of revision. ple? tution. The latently expl?sive re- detail, on the subject of local gov ing from Vermont's constitution Authorization and Assembling flf The Committee on Style and Ar- sults of poor draftsmanship on the ernment, a fact which has served -<:<>ntaining less than 6,000 words to the Convention. Where a constitn- rangements of the national Consti futui;e economic development of to increase tension between set. California' s 72,000 word constitu- tion is silent on the constitutionai tutin. ait-er en.ibodies ,these pri~ciples. Yet thP. deliberation and care·ihat these should be to keep such possibilities not ordinarily be a proper item -for us approval, hence considerable where const~tutions contain many Alaskan ideals deserve. to a minimum. a constitution. ; Pare Four COMPLETE TEXT OF ALASKA CONSTITUTIONAL CONVENTION ACT ... CHAPTER 46 portioned among the election dis· titians thertofore signed by them, san in every respect. A separate~;;;;:;;;;:;;;;:;;;;:;;;;:;;;;:;;;;:;;;;:;;;;:;;;;:~;;;;:;;;;:;;;;:;; Session Laws of Alaska 1955 tricts as follows: does not nominate a greater number ballot shall be prepared for each AN ACT Election District No. 1-0ne Dele- of candidates than the number of local election district, and each !l'o provide for the holding er a gate. degelates to be elected in the elec such ballot shall contain (a) the · coostitutional convention to pre· Election District No. 2-0ne Dele· tion district for which the nomina names of the candidates running Convention pare a consUtution for the State of gate. tions are made. Every voter signing for the office of delegate from that Alaska; to submit the constitution Election District No. 3-0ne Dele- a nominating petition shall add to di.Strict, (b) the names of the candi Delegates to the people for adoption or re- gate. . his signature his place of residence, dates .running for the office of dele Jection; to prepare for the admis· Election District No. 4-0ne Dele· post office address, and street num gate from the judicial division elec Armstrong, R. Rolland-Juneau. sion of Alaska as a State; to make gate. ber, if any. No voter shall sign ape- tion district in which the local Awes, Dorothy J.-Anchorage. · an appropriation; add setting an Election District No. 5-0ne Dele· tion or petitions for a greater num election district is situate, and (c) Barr, Frank-Fairbanks. · etfective date. gate. ber of candiates than. are to be the names of the candidates running ~it Enacted by the Legislature of Election District No. 6--Seven elected in the election district in for the office of delegate from the Boswell, John C.-Fairbanks. ·• .fbe Territory of Alaska: Delegates. which he resides, except that any district which comprises the Terri· Buckalew, Seaborn J.-Anchorage. .-.<'Seetion 1. A constiutional conven- Election District No. 7-0ne Dele· petitioner may sign not more than tory at Large. Coghill, John B.-Nenana. tlbll;:' comprised of delegates elected gate. seven petitions of candidates for Section 12. The candidate or can .Collins, E. B.-Fairbanks. "th1e legal voters of the Territory Election District No. 8-0ne Dele· election as delegates from the dis ;,,y didates receiving the greatest num Cooper, George D.-Fairbanks. 1~ Alaska, shall assemble at the gate. trict composed of the Territory of ber of votes in the election district , Cross, John M.-Kotzebue. ~versity of Alaska, College, Alas- Election District No. 9-Four Alaska at large, in addition to the for which nominated shall be . ,,~ •. ~m the Bth day of November, Delegates. petition or petitions of candidates deemed elected for that district, and Davis, Edward V.-Anchorage. 1955, at ten o'clock a.m. or as soon Election District No. lO-One from the petitioner's local and ju the Govenor Of Alaska shall issue Doogan, James P.-Fairbanks. · ~ereafter as a quorum shall be Delegate. dicial election districts. It is the in to them certificates Of election in .Egan, William A.-Valdez. .. ,,.Pl!;Sent. tor the purpose of p;repar- Election District No. 11-0 n e tent of the this Act that qaulified the manner otherwise prescribed Emb~rg, Truman C.-Dillingham. . , . ~ ~& ¥1d agreeing upon a constitu- Delegate. petitioners may sign not more nom by law for persons elected to the Fischer, Mrs. E. A. CHelen)-An· **on for the proposed State of Alas- Election District No. f2-0 n e inating petitions than there are Legislature of Alaska . chorage, d&legates authorized from the local ... ka. The ·convention· shall meet for Delegate. Section 13. The Governor of Alaska Fischer, Victor-Ancl;lorage. and judicial election districts in .: ·; zwt ,more than seventy-five days but Election District ?fy. 13-0 n e shall ·open the converition and pre Gray, Douglas-Douglas. which the petitioner resides, and in may. at its discretion, recess for a Delegate. side until temporary officers are Harris, Thomas C.-Valdez. addition may sign not more than period of not to exceed fifteen days Election District No. 14-0 n e selected. The convention shall be Hellenthal, John S.-.-Anchorage. seven nominating petitions for can for the purpose of holding public Delegate. the judge of the qualifications of Hermann, Mildred R.-Juneau. didates from the Territory at Large. be;µ-ings in Alaska on proposed pro- Election District No. 15-0 n e its members, thclr election, or ap Hilscher, Herb-Anchorage. visions of the constitution. Delegate. Section 8. Each nominating peti pointment. It shall have tl}e power Hinckel, Jack~Kodiak. Section 2. Delegates to the conven- Election District No. 16-0 n e tion shall, before it may be filed l>y vute of a majority of the dele Hurley, JameS-Palmer. • tion shall possess the qualifications Delegate. with the clerk of the court, contain gates to which the body is entitled Johnson, Maurice T.-FairbankS. of legal voters of Alaska and shall Election District No.17-0ne Dele· an acceptance of . Such. nomination to ch<;><>se a presiqent and secretary Kilcher, Yule F.-Homer. have been resident of Alaska for gate. in writing, signed and verified by and all other appropriate officers to King.Leonard H.-.-Haines. not less than three years immediate- Election District No. 18--Twelve and oath or affirmation of the can prescribe the4' functions, powers Knight, William W.--Sitka. Jy preceding the first day of the Delegates. didate therein nominated, l,IPOn -or and duties, and to make rules and Laws, W. W.-Nome. convention. The holding of the of- Election District No. 19-0ne Dele~ annexed' to such petition. Such ac reg\liations for the conduct of its Lee; Eldor R.-Petersburg. fice of delegate or any other office gate. ceptance shall certify that ~e can bµsiness.. .FQllowing its organization Landborg, Maynard D.-Unala- of the convention shall not consti· Election District No. 20-0ne Dele- didate shall have been a :resident ot the convention shall declare on be kleet. tute a disqualification for selection gate. the election district for which he is half _of .the people of the proposed McCutcheon'. Steve-Anchorage. for or the holding of any other of- Election District No. 21-Eight nominated for at least one year and State that they adopt the Constitu McLaughlin, George W.-Anchor• age. f-ice, and the holding of any other Delegates. that he is a qualified voter in the tion of the United States; thereafter, office, except an appointive office Election District No. ~even election di.Stdcit for which he is the convention shall proceed to pre McNealy, Robert J.-Fairbanks. Under the Federal Government, shall Delegates. nominated. Such aceptance shall also pare· a constitution, · which shall be McNees, John A.-Nome. n_ot constitute a disqualification for Section 5. A special election for M. certify that the nominee consents to republican in fonn and shall con Marston, R.-Anchorage. election to or the holding of office as the election of delegates shall be enter as a candidate at the ensuing tain the provisions expressly re Metcalf, Irwin L.--Seward. a delegate or any other office of the held throughout Alaska on Septem special election for the election of quired by any Act of Congress of Nerland, Leslie-Fairbanks. convention. ber 13, 1955. The Governor of Alaska .Nolan, James-Wrangell delegates to a constitutional con the United States providing for the Section 3. There are hereby creat- shall prepare and furnish all bal· Nord;ile, Katherine D.-Juneau. vention, and that if elected he agrees admission of Alaska as State, and .:;;;Ed the following election districts lots, certificates ,and forms neces a Peratrovich, Frank-Klawock. to take office and serve as a delegate a State government for the proposed trom which delegates to the con- sary for the holding of tµe election, Poulsen, Chris-Anchorage. from the election district in which Sta_tes, and for this purpose the con veiition shall be elected. These elec- which shall in general be conduct Reader, Peter L. :Nome. he is nominated. vention shall have power to make tion districts shall be comprised of ed, including the making-of returns, Section 9. If any delegate from Riley, Burke-Haines. o.rdinances and to take all measures Rivers, Ralph J. Fairbanks. the ·several . recording districts of the canvassing of ballots, and the any election district shall die,' re· necessary .Or proper in preparation Alaska which shall be known as ascertaining of results substantially sign, or otherwise become disquali Rivers, Victor C.-Anchorage. for the admission of Alaska as a Robertson, R. E.-Juneau. "'local election districts", the judi- in the manner fixed by the laws fied from serving, or if a vacancy State of the Union. - cial divisions of Alaska, and the governing the election of legislators occurs for any reason whatsoever, Rosswog, John H.-Cordova. 'l'erritory of Alaska at Large: in general elections in Alaska, in- the vacancy shall be filled by the Section 14. After a constitution Stewart, B. D.-Sitka. Election District No. 1-Ketchf- eluding rotation of names on the candidate not theretofore certified and State government have been Smith, W. 0.-Ketchikan. framed, the convention shall pro kan and Hyder Recording Districts. ballot. The Governor may employ as elected who received the next Sundborg, George-Juneau. vide by ordinance for submission of Election District No. 2-Wrangell such technical and other personnel highest number of votes amongst Sweeney, Dora M.-Juneau. and Petersburg Recording Districts. as may be necessary to assist him in the candidates in the election dis the constitution, and such ordinances Taylor, Warren A.-Fairbanks. as may properly be submitted, to Election District No. 3-Sitka Re· the preparation for and conduct of trict in which the vac;m~y occurred. Walsh, M. J .-Nome. the people of the proposed State for tording District. the election provided for herein. If a vacancy should again occur in White, Barrie M.-Anchorage. Election District No. 4-Juneau The Governor may make such reas- such district, it shall be filled in ratification or rejection at an elec Wien, Ada 'B.-Fairbanks. Recording District. onable rules and regulations regard- like manner from amongst the re tion to be held at a date to be fixed VanderLeest, H. R.-Juneau. Election District No. 5-Haines ing the conduct of the election, the maining candidates. Any election by the convention not less than forty nor later than one hundred twenty and Skagway Recording Districts. counting of ballots, the preparation, contest which results in a tie shall elected hereunder shall assume their days from the date of adjournment Election District No. 6-First Ju- transmission and canvassing of re- be resolved by the drawing of lots offices, and the .State government of the convention, at which election dicial Division. turns, and other matters relating to between the competing candidates. shall become in effect, at the time the persons entitled to vote for dele Election District No. 7-Cape the election, as may appear neces and the loser of the drawing shall be and in the manner that the Con Nome and Wade Hampton Record- Sary and are consistent with the considered second only to the win gates under this Act shall be entitled gress may provide in enabling the to vote on the ratification or rejec -> Ing Districts. purposes of the special election pro- ner and shall hold s~ch standing admission of Alaska as a State. tion of the constitution and the ordi ' Election District No. 8--Fairhaven vided for herein. amongst the balance of the winning Secti~>n 17. Until the admission of nances submitted, unqer such rules and N.oatak-Kobuk Recording dis- Section 6. Candidates for the of- candidates. Alaska as a State, all of the officers and regulations as the convention . ~ric~. fice of delegate shall be nominated Section 10. All nominatiilg peti of the Territory shall continue to may prescribe. The returns of this ·-. Eleetion District No. 9--Second by petition filed in person or by tions and their acceptances: shall discharge the duties of their re election shaU be made the Gov . l.Tmficial Division, mail with the clerk of the court of when filed be and remain open for to spective offices in and for the Terri• ernor of Alaska and shall 'be can · 'Eiection District No. 10-Cordova the judicial division in which the . public inspection . during ~ regular tory of Alaska, and the laws of ,the vassed substantially in the. manner _,0 , 1a11d ' McCarthy Re.cording Districts. candidate is a resident on or before business houri, at the office ,where Tetritory.·.Shall also remain fD force n..ow provided by ~w for the can · 'Election District No. 11-Valdez May 10, 1955. Each petition. shall be .filed until May 20, 1~ thereafter and effect. they 'shall be transmitted the v~ of votes cast Jn · Territorial · ~ BRd \ ~j:]jtina Re.cording Districts. accomparilea by a' fee of teil dollars, to el,eeti9iis. . Section Iii. The convention shall , . ~f:\Ctj.on District No. 12-Seward except that the fee for candidates Governor of Alaska 191' determina have P'ower to -incur such expense11 . ,-; ~ , ~ttier Recording Districts. for election from the Territory at tion of the candidates nominated..an9 Section 15. The ·convention sh.all as may be necessary, including but _:,.,,t ~tion District No. 13-Kerial, large shall be forty dollars. Each for permanent filing in the office provide by ordinance that after the not limited to ~es for employ ·,r ~~~~ :and Seldovia Recording Dis- nominating petition shall be signed of the Secretary of Alaska. Deter ~nstij:ution and ordinances submit ment of such clerical. technf'cal, .ancl ', .~~s. by legally qualified voters of Alas mination of the validity of. peti±ioDS ted shall have been ratified by the i>rofesSional personnel as-it may re ,,, .;i .. 1:E~ij.on District No. 14-Kodiak ka residing within the election dis- shall be made initially by the Gov~ IWOple of the Territory by a ma quire, in order to exercise the pow 1~p.4.,~eutian Islands Recording Dis- trict in and for which the delegates ernor of Alaska, and recourse. by jority of tlte leg~ votes cast there ers conferred· and to perf13rm .the trictsi nominated are to be elected equal candidates believing themselves ag Qn, 1'1.e Governor shall forthwith duties imposed by- .this Act. Election District No. 15-Anchor- in number to at least five per cent grieved may be had by appeal from submit a certified copy of the same Sectien 19. The delegates shan age Recording District. of the number of votes cast in the the determination of the Governor through the President of the United receive a per diem of twenty dol• Election District No. 16--Palmer, election district in the General to the canvassing board, the deci States to the Congress for approval lars for each day in attendance at, Wasilla and Talkeetna Recording Election 1954, provided thalno nom sion of which shall 'be final Ob or disapproval, together with a including time spent going to and Districts. inating petition need contain more jections to petitions may be raised statement of the votes cast thereon. returning from, the convention; and Election District No. 17-Illiamna, than two hundred signatures nor by any qualified voter of the· elec~ Section 16. The convention shall they shall be reimbursed for their Kvichak and Bristol Bay Recording may it contain less than fifty sig- tion district from which the candi provide by ordinance that in case actual travel costs incurred in at Districts. natures, in any election district. date is nominated, and such ob of the ratif~cation of the constitu tending upon their duties as dele Election District No. 18--Third Section 7. Each nominating petl· jecti0n must be stated in writing to tion by the pe(iple and of Its approv gates. . In addition they shall receive ~udicial Division. tion shall contain the name of not the Governor of Alaska on or be al by the Congress, or by the Presi for their services the sum of fif Election District No. 19-Bethel, more than one candidate and shall fore May 25, 1955. Not later than dent, as may be .,Provided in the teen dollars per day as compensa• Kuskokwim, Mt. McKinley, Innoko, set forth the name, place of resi May 31, 1955, the Governor shall Enabling Act, there shall be. a pro tion for each day's attendance while Nulato, Nenana, Hot Springs, Ram- ~ence and post office address of make his determination as to the cess _of election, at such time and in the convention is in session. part and Fort Gibbon Recording the ·candidate thereby nominated, candidates nominated from 4iach such manner as the convention may Section 20; There is hereby ap Districts. tliat the nomination 1s for the office election district and shall tiiere prescribe, in which the qualified propriated· the sum of $300,000,_ err Election District No. 20-Fairbanks ·of delegate to the constitutional upon certify the names designated voters of Alaska shall choose offi sd much thereof as may be neces Recording District. convention to be convened on No- for placement on the ballot for each cers for a full State government, in sary, for defraying the expenses of Election District No. 21-Fourth vember 8, 1955, that the petitioners such district. cluding a governor, members of the the elections provided for herein lludicµll Division. are legally qualified to vote for such Section 11. The election ot dele legislature, such othe:c. officers as and. the expenses of the convention. Election· District No. 2~Terri- candidates and pledge themselves gates. shall be conducted .3nfhout the constitution shall pn!l!Ciibe, and including compensation of the dele ltory of Alaska at Large. to support and vote for the person any reterence to the polltciaL party .the authorized.number of. Represen gates, and tor_ all other. purposes of Section 4. : The convention shall named in such petition, and that this affiliations o! the candidiltes, and tatives. and Senators in the Congress this Act. The-disbursements for all tonsist Qt tifty-fiv~ delegates ap- petition, together 'with all other pe- the ballots used shall-be nonpar.ti- of the -United States. ' The persons CContinueli on Page- 7) ... - . · - C9NS'l'fl'UTlON AL CONVENTION SUPPLEMEN'J,' Pa.re .Pt_I. Local Government Issue The Executive What Altout Referendum, (Continued from page U tutional mandate to see that the laws of the state are faithfully Among Unsolved Problems executed and efficiently adminis .Initiative And Recall? te~ed. LOCAL GOVERNMENT omy simple have proved peculia.rly By the ALASKA STATEHOOD advisory referendum. . ... ' The unfortunate consequences of i~ whic~ -~· BY THE ALASKA STATEHOOD subject to abuse and manipulation COMMITIEE people express an opm1on which' , · such a situation have been many COMMITTEE in tl!e modern era of bigly com~ for the guidance of the governm ' . mercial power. Particularly has and varied, but, in general, they After the convention delegates but not binding. The structure of local govern this been true when responsibility have tended. to make state govern have drafted the Constitution of Initiative _ The initiative~·· . ment lies entirely within the prov for the great variety of local gov Alaska it will be submitted to the ince of each state in the American ment unnecessarily costly, fre voters for their approval or rejec- form of popular participation • ernment activities has been diffus tion. The procedure, called a allows the people to propos.e federal system. Consequently, with ed among a host of independently quently ineffective, and sometimes spft referendum, is one of the ways in cific laws or constitutional ame;ig. the achievement of statehood, Alas elected officials who could be call ·unresponsive, . both to the desires ka is faced with the necessity of of the electorate and to the enact whlch citizens participate in the ments. The procedure starts whep. ed to account only by the elector · di . the requi.red number of peoPie ~ determining what form or forms of ate at periodic intervals. ments of the legislature. governmental process m ad lion petitions in favor of a pr8po' sal local government should be estab Unity in the executive .branch to voting for specific offldals. some states the propo ~l · · . It ir The absence of suitable stan lished within its boundaries. One of the subjects ·wn1cb may be goes directly to the ln a matter that undoubtedly will dards for the establishment of lo is, therefore, far less common in bail~t. i considered by the Constitutional er states the proposal goes,. 'to · claim much attention from the cal government units has creat state government than might be ed a great variety of problems expected in view of the time· Conventoin is whether, or in what legislature, and if the ie~sl at delegates to the Constitutional Con form, to provide for future use of does not act within a vention at College, for the basic in almost all states. Principal dif tested model Pl"Ovided by the certa#1p ~ the referendum ana its cousin pro- od the proposal is subnfilt~~ to structure of local government is ficulties have arisen in the vicinity federal Constitution. In only three a of large population centers where states, New Jersey, New York, cedures, the initiative and the re- vote. ess~ntially a constitutional matter. scores and hundreds of small com and Virginia, is the governor re· call. · Recall - The rec a I 1 'd.ift There is little uniformity in pres munities have incorpora:ted ~ se sponsible for the selection of al· The ideas of rP.presentative ent .state practice with respect to cure governmental services, but most all his department. heads. government on which most of the fromin that the itinitiative applies andto .refE·indl°V:idu- er~f· . foe.al government .. Seemingly the where too often no local jurisdic original state constitutions were rather than laws. Petitions c onlY constants in the picture are the Traditionally, early state consti are tion has authority to address its tutions provided for the independent based assumed that the oppor· culated calling for the remoV: county and mwlicipal structures. efforts to· meeting common. needs tunity to elect officials· from from office of a certain offici previdin.g two basic levels of local election of such executive <>fficers and problems of the entire area. time to time was the main check ff the required number of si~· jurisdiction. -Powers vested in such as the secretary of state, the treas The result has been inter-jurisdie that the people would exercise oD tures is obtained, the voters ~ 1mit& wmy widely 11:mong the states trrer, the attorney general, 'find the tional conflict, iieedless duplication the governm~ Between elee· a chance to vote the man out of and sometimes within a state as state auditor. Subsequently, when of. of services and lacilities, competi more . state executive departments tions the pe0ple could discuss is· lice·, or "recall" him, at a specill. the result of mwricipal Classifica- tion for tax resources, and utter sues among themselves and with eleetfon. ~on. · · were created, the election process confusion. for the citizen. and the was frequently extended· to selec"" office-holders, bot there was no Imp0i'tance o': Procedure-Sta~ Some state constitutions grant taxpayer. tion of such officers as commis provision foe direct participation. have discovered tilat the succ~ virtually complete control over Provision of municipal home sioners of highways, education, and However, a generation or two or failure of constitutional PrO°ii• local government to the legisla ,.rule by constitutional or legis· agriculture. ago there began to be agitation sions for initiative, ref.eren~, bue, -whereas others give local lative enactment has in ·many for more frequent opportunities for and recall depends largely upon tli& llDits constituti&nal status and In addition, many states creat regions greatly strengthened lo ed. various boaros in charge of ma the people to express themselves di definitions and procedural req:P; vest nt UlelDe broad .legislative cal government by vesting • co.n rectly on policies and politictans. ment.s that are ad<>pted. The de · and administrative authority. jor government fun,ctions aild fill siderable authority in locally ed the positions on sucb boards 'In response to the'Se pressures, the can be drawn so tightly that tfl'e Rhode Island has no cotinties, but ~ected legislative 00.Ues te re· by the electi.on process. The posi referendum, the Wtiative, and opportunities for popular inlel'veXI-" does have townships. All other solve their own problems. It Jras tion of the governor in any state the recall-sometimes together and tion and participation ai;e mote-. states have counties, and in every permitted citizens of a commtin char-acterized by such a subdivi sometimes separately-found their theoretical thaµ real; or they c .. instance but one, county and mu ity to · d,at.emiine the form of sion of the executive authority has way int.o about half of the state be drawn so loosely that aim e nicipal jurisdictions overlap. In local governme-.t and the powers come to be described as "weak," a constitutions and became a rath anyone with a special axe to griQ Virginia, cities above a certain it shall havE, subject, of COUl'S~ term that m.ost aPtiy applies. er common feature of the political can get a proposition on the !->all governor" concept became ap. advocated as "direct democracy," that have done so have thereby to concern themselves with great one require that constitutional parent with the increasing scope or "democratic safety - valves." aYoided the overlap of local gov masses of local bills at each There are hundreds of ways in amendments be submitted to ref. ernmental authority. and ~omplexity of state govern· ses$ion, or to enact or amend mu which devices o~ this type can be erendum. states, large cities have mental activity. Effective budget On the other hand, it is usual In.a :few nicipal charters whenever some ing and the maintenance of budg. used, and any attempt to discuss been permitted to consolidate with change' in local structure is called to exclude certain subjects, such etary control were found to be at them in detail quickly becomes in coterminous counties to avoid ob for. However, municipal home rule volved in technicalities. It is only as tax and appropriation laws, · vious problems of duplication and is a possible solution to only one best difficult and in some cases for fear. that irresponsible ele- · almost impossible. possible in a brief summary to i.R jurisdictional conflict, but the prac of the ·problems of focal govern dicate their general nature and ments will unduly harass duly , tice is not general and is often pre ment in many states, for it often 0 f t e n executive departments constituted authority and cause were prone to advance and carry some of the problems connected cluded by state constitutional pro leaves untouched tire many func with their use. governmental breakdowns by vision. tions and powers assigned to other out conflicting policies, and gover pushing through incompatible or Many states have such ad local jurisdictions such as coun nors found themselves powerless to Referendum - A referendum is frivolous laws. ditonal governmental units as ties and townships and the variety produce coordination and cohesion simply a procedure in which the Should all officials, inclu~ townships, boroughs, and a great of independently elected officials in the face of the "independence" people vote, either to approve or those of local government, be sutr reject, a proposed measure. A ref variety of special purpose dis· who often function at such govern and autonomy of major department ject to recall? Of the 12 state;s erendum may be held on almost tricts, e.g. public utility districts, mental levels. heads. which provide for recall of staf~ sanitation districts, school dis Alaska is a vast and diverse Difficulties have · been increas anything-a new constitution, a officials, four exclude judges. Soiti:e tricts, fire districts, irrigation dis· region whose pattern of settlement ed when federal grants-in-aid have constitutional amendment, a stat ex.elude the governor. Some stat.ls. ute, or a local ordinance or bond tricts, and many others. There little resembles that which occurr provided particular department establish different procedural ~ issue. are well ovel' 165,000 local govern· ed in many parts of the United heads with funds not derived from quirements for different classes ol mental units of one type or anoth· States. Outmoded and ineffective state appropriations. Supplied with There are different ways of officials. er in the United States. local governmental arrangements such funds, a few department launching a referendum. Some Another key point is the num. The general problem of local that have proved themselves to be heads were ·able t.o build for them state constitutions require that her of petition signatures req~. government is one of the most con stumbling blocks to efficient self selves substantial patronage "em certain kinds of measures be su~ ed to get a proposition on tfut . troversial issues facing the states government in other states may pires" that assured reelection for mitted to a referendum; other con ballot. Some states set an arhf.. today. In almost all states tile sit well be avoided here. term after term and' which the gov stitutions provide that the legisla trary number; others require a· uation is confused, and few citizens Mistakes once made in local ernor and the legislature could ture, if it wishes, can submit laws certain percentage of the voter!. eomprehend the complex conglom government organization have not touch. to the people for final ·approval. Some states have requicemen& · eration of governmental structure proved most difficult to eradi· Such situations still prevail in In some states, if enough people that petitioners must b'e geq that has grown up over the years cate, and im:ptovenient efforts many states. Supported by consti petition for a referendum on a law graphically distributed arouna ~ugh a process of expedientac throughout the United States have totioDa'I s t a t u s, independently which the legislature has passed the state and not all from ·the cretion designed to meet specific met bitter resistence from vest elected department heads have the law is held up until an elec same one or two counties. ' needs. Without relation to basic ed hiterests, aad frOin offiCials been able to assure continoaace tion, at which it may be approved A third critical poinf l!:f - ~ structures or policies. whose positions have loSt v.irtUaJ.. of their autonomous position, or rejected. A variation that has ceSed l{y - ority over local government, it has have sprang a.p in many states ~ . degree of coordination. more often than not been made ap- initiative be enacted wiil:t I s1fup1T become customary ~ seek special reflecle little more than die ef. Tradi,tion, too. has played an im pointive. In the mDre reeent state more yes's than no's? ()Il ifshoUM acts and even constitutional amend fort to get around governmental pel'tant role, and voter& have oonstitutions, an increasing num- it require a majority of tbos~ vof- ments to provide solutions to all forms that have outlived their ~D rel.uctant to give ap tile ber of the 6 lder state executive ing at the election? This :Uiak~ s a sorts of local problems. Constitu usefulbess hut which have prov dubious privilege of selecting departments have been brought un- lot of difference bec.ause'1°voters tions and statute books have be ed politically impossible to many rather than a few state of· der the control of the governor and tend tu pass over harif'.1;0'lmider come cluttered with all sorts of change or abolish. ficials. subjected t.o his power of appoint- stand propositions on the tail of the special local provisions through Alaska is presented with a most The manifest disadvantages of ment and removal. · ballot. ' which run few threads of consis fortunate opportwrity to make a In New Jersey, whose COD· General Results - Forty• year,s tency or general policy. the "weak governor" concept hav~ 1947 clean start in the local govern in recent years produced a trend stitution-the last state constitu· ago, the initiative, referendam, anli In the process, local citizens ment field. It has had no counties, in the direction of the "strong gov tion to be completely redrafted- recall were hailed as great an(t frequently have little voice, for it has had no townships, its cities has become semewhat of a promising reforms. Since then. all often decisions made at are essentially compact and hom() ernor" type of state organization, too an arrangement that permits the model of what is believed to be there has been· considerable disap- the state capital have had their geneous units, and 111~eh of the governor to appoint principal state pointment that "direct democra basis in the ''horsetrading" ac· vast region has yet been organ~ the best contemporary practice, cy" has not had a great effect Qn not officials and to remove them if they tivities of interested legislators ized for local government purP<>ses all departments tte subject to the general character of state PQl or in the pressures applied by cannot work cooperatively in his the governor's direction and con· itics. Because of examples of irie by reason of federal government administration. special interest groups whose control. • trol arid the heads of none of sponsible laws that have been en voices in the affected community With statehood, Alas~a . will as The heads of recently created de them are elective. Similar ar· acted in some places, the gen would have been far weaker than sume many responsibilities that partments, · such as those in the rangements were made in the eral trend in recent years has been in the distant halls of the state it has not heretofore had. It will fields of health, welfare, labor, con proposed constitution ef Hawaii. to throw more procedural hedge~ legislature. have to organize its local govern. servation, and development, h-ave This trend may be considered around the use of such devices. On the other hand, advocates of mental affairs not only to meet a re.turn to the concepts and con· Some people have even advocaf,. rigid state control of local govern the needs of settled communities, keeping the pattern of: 1-0cal gov siderea judgmen~ of _th-e fra;nen et ed that they 'be completely aban ment have often found their case but of areas yet to be settled and ernment simple, provifilng adequate the federal Constitut10n, which doc- doned, except possilily for referen supported for them by evidences developed.. _The opportunities are opportunity for local communities ument over the Ye8?f has -amply da on constitutional amendments. of mismanagement and corruption great.; Experieilce in the United to manage their own affairs effi:. demonstrated the wisdom of pro- However: it is clear that in certaih in local governmental affairs, Some States points to maiiy problems and cienUy and effectively, and· achiev viding !ifilty in the executive places a~d at certain - times tli functioJts com:menly assigned to lo pit£ails and.earlier States could not ing. a sound and. realistic dfstriQu. branch. have served very ~ purpo~ , cai .officiais in an earlier day when possible roresee. tion of funetions between the state ·The territorial government of and Alaska may WlSh to maJte p0pulation was small and the econ- Basically, the problem is one of and the local governmental units. (Continued on Page 7) some provision for their use. fbl.ge Six CONSTITUTIQNAL CONVENTION SUPPLEMENT ·EIPERT QUESTIONS ALASKA NEED FOR CO·UNTY GOVE:RNMENf (Continued Froin Page 1) was broader, but the recent ten- the pr.otection of property in un- independent officials made al tained by a state highway depart the rural South, but iii urban dency has been to restrict it. ineorP'Orated areas. Many coun- most impossible the determina- ment, ~nd city streets are the re areas the larger cities have taken 2. Recording of legal docu- ties devote mest of their fire pro· tion of programs and policies, to sponsibility of municipalities. over many of the local govern ments, such as titles, mortgages, tection efforts to prevention and say nothing of program and '()Olicy In Puerto Rico all property as ment functions. mineral claims, ·births, deaths, contrel of forest fires in those execution. The absence of gener- sessment is performed at the com and marriages. The function is regions where protection of tiJn- al legislative authority at the The county bas nevertheless monwealth level, as are also the sometimes entrusted to a coun- lier _is a proldem. county level provided a further police and ecl'lcation functions. In remained a most important politi ty recorder, often elected, but 9. Conduct of elections. In most limitation on governmentat effec cal division of the Southern states many states assessment is a town frequently it is the respensibility states, the counties have responsi- tiveness, and state legislation fix ship and municipal function. City iD spite of the growth of large ol the ceunty clerk. The clerk is bility for providing election ma- ing the duties and responsibiliti- cities, and often it has proved frus and state police have in many . usually aD elected official who chinery foi: both local and state es of the various county-level of states rendered the police functions traiingly effective in blocking need serves as clerk .ef the court, re· elections, for registering. voters, ficials often proved outmoded, ill· ed changes in local government of the county sheriff almost till. cerder, and clerk or secretary of and for canvassing the votes. adapted to increasingly urban Special districts in one locality or strUcture designed to accommodate the county beard. 10. Operation of schools. The situations, and almost jmpossible ltetter the political development of another perform most of the so 3. Assessment of property for operation of S1>bools in unincorpo- to change. It was 110 accident c ailed county functions, including ml:clor industrial, commercial, and real and personal property taxes rated areas ill a very common that over thirty-five years ago residential centers. police, fire protection, health, and Normally, the county assessor is an county level function. Counties an able student of the· 8ubject a host of utility activities. In most Western states, counties elected officia:i. In some states the often operate schools in cities as labelled the county as "the Dark are larger and less homogeneous There is one basic function that actual assessment work is per- well as in rural areas, however. Continent of American Politics." the county provides, however, p tp, area, economy, and popula formed by an elected township as- Usually the county school system Efforts to reform and modern ·µpn distribution. They often include that cannot be overlooked. 'It sessor, city assessors, or other is organized quite independently of ize county government, to make it makes possible organized local nµmber of municipal jurisdic e elected jurisdictional officials. other units of county government. an effective instrument for expres- government throughout the entfre .•foJl.s, but the county seat assumes ln such cases the county assessor It will have its own school board. sion of local governmental needs territory of a state. In a few a.,.:P.re.eminent importance as the usually compiles the total assess- usually elected, and an elected or and the desires of the citizens, ·of legal activities and as states there are unorganized cetiUt ments and refers them to a county appo1pted county superintendent of have achieved very limited suc counties, but even these units 'place where deeds, titles, mort th.e treasurer for tax billing and collec- schools. cess. In urban areas the problem are attached to some adjoining gages, and vital statistics are re tion purposes. Utility assessments In some states the school sys- has been particularly acute, and corded. Usually the county seat is county for gevernmental serv· are commonly ·made by a state tem at the county level set their soxqe forty years ago a number ices. tile location of a county hospit.aJ, agency, either a public utilities own tax rates and have a high of states permitted the merger of .&ind it is frequently the center It is important to-Alaska that the commission or a state board of degree of fiscal independence. In city and county fun.ctions in a sing entire territory of the state be or lfom which educational and wel equalization. other states they are rigidly con- le governmental unit. The device ganized for local government pur ~a;re activities emanate. 4. Maintenance of law and or- trolled in f"mancial · matters by had only limited applicability, and poses. There are certain basic 'Sounties in general are more der. The police function is com- the regular county boards. with the growth of metropolitan functions that all residents; both in aiP1>repriately designated as geo monly assigned to an elected It should be noted, however, that regio!J.s the same old problem of dividual and corporate, should be graphical subdivisions of ~he sheriff whose authority extends school operation is by no means overlapping jurisdictions exists all expected to support, for all share . state and of 'state government to all unincorporated areas and universally a county level function. over again, but in a more acute in their benefits. These functions than as units of true local self- to incorporated areas for certain City school systems prevail in al- form. include the provision of schools, the . g.@~ernment. While a board of types of offenses with. which most all states, and many states A few states have permitted development of roads and airports, colinty commissioners (or simi many small town police forces permit the organization and incor- some form of county home rule the recording of legal documents, larly designated body) is almost are ill-prepared to cope. The poration of independent school dis- and have consolidated most county and the mainteitance of law •and uaiversally provided, its legisla sheriff is usually assisted. by dep- tricts which may or may not bear level fuµ.ctions under a single coun order. tive authority is customarily uties or -marshals. any relation to city or county ty executive responsibile to a coun- Provision of such servires may ~inited rigidly by state law, and In many .urban areas the county boundaries or territory. 'ty board of elected supervisors. In be undertaken by the state, by a .its authority over governmental sheriff has come to ·be "little .m.ore In recent years, many additional a very few states there have been local government, or they may : be activities at the county level us than an honorofic official owing-to functions have been entrusted to successful efforts to reduce the ex jointly performed, but they shoµld uaily extends to but a portion of the faet that· other jurisdictfons county boards in urban and semi- cessive n u m b e r ~of counties be universally supported. If any the county functions. with professional police forces have urban areas-functions that are through consolidation. One state, of these functiGns are to be under the board may be elected at assumed virtually all police func- normally those of municipal gov- Virginia, has developed a system take:q by local government units, large, elected from districts, or tions. ernments. This development bas whereby cities above a certain universal tax support of them, is -"1ade up of township and city of~ In Qther cases, boards of county occurred in suburban areas pri- population may separate from the unlikely unless all state territery ficials who constitute the board in commissioners have been enabled marily, and stems from the de- county ·and thus avoid the diffi is within the taxing authority , of an ex-officio capacity. In one state to create a professional county po- mands for services by residents- culty of overlapping jurisdictions. some local government body. · 'U.1e.y are simply the memb~rs of lice force apart from the .sheriff's who ave resisted incorporation or Far more significant than all In considering the prospect ,of *he county delegation to the state office, leaving the sheriff few du- annexation to municipal units. the efforts to revamp the county organizing local gov~rnment for legis!ature. Almost without excep ties other than .ihe serving of legal The new county functions often structure have been the devices Alaska, the question of cost in· tion there are a number of inde- processes for ·. the county court. provided include the maintenance used to by-pass both county and variably arises. It is necessary . p~npently elected county officials Throughout most of rural.America, of parks and recreation facilities, municipality as . governmental to keep in mind the fact that tlte . wll.o. i>erform their functions ai however, the county sheriff is :.Montana further. The additional cost is im wjlc>se authority derives from the administration of public health pro- stitutes the usual pattern. It is has over 1500 local governmental necessary if the local government ,.state constitution or from state grams designed to control or pre- not possible to say truthfully that units, Idaho over 900, North Da general legislative body can just as legislative enactment rather than vent epidemics ·and to combat par- county government has functioned kota nearly 4000, and Minnesota well manage the functions entrust ~om the people of the community ticular diseases, such as tubercu- either well or poorly. The results over 9000. ed to the special district and ,its they serve. Exceptions to this de losis, venereal disease, and heart have varied with time and place. The question of whether Alaska jurisdiction extends over the nec i!Cription exist, but they are few. disease. In an early day when society was should have counties is in itself essary area. .It is traditional in most states 7. Welfare activities. Most coun- predominately rural and agricul- rather meaningless. The county The real problems for the Alaska that certain specific functions be ties have assumed welfare func- tural, when communication was as such, is merely a device Constitutional Convention to re assigned to county level offiqals. tions during the past forty or fifty poor, and when government was through which a few services solve are these: Some may be assigned to the board years. Generally, the welfare ac- conceived as primarily an adjudi- have traditionally been perform 1. Which functions are best per Qf county commissioners, but most tivities are under the jurisdiction catory and policing function, the ed in most states. Examination formed by the future state and •re vested in specific officials of the county · board and include county served reasonably well as will show that almost every one which by local units of govern Ylhose duties and responsibilities such functions as provision of relief a local political unit. of the so-called county functions ment. are provided in state law or the to the indigent and unemployed, • With the development of cities is actually performed by some 2. What form of local govern !ltate constitution. The following placement of needy children in fos- and towns, each requiring politi- other governmental unit in one ment can be created which will are among the principal functions ter homes, and operation of . or- cal organization for the provision state or another. have the advantages ot the broad .,so ,assigned: phanages and old people's homes; of , local services, with improve- In New Jersey the judicial func- tenitorial jurisdiction of the . l. ·Administration of local justice. It should be noted that many ments in communication, and with tion is performed by a unified county while avoiding the evils ,A C4unty judge is commonly pro county and municipal courts have the increasing demand for govern· state court, and variations on this that have dogged the foetsteps .of ~ded, either by gubernatorial ap- become involved in welfar.e pro- mental services of a positive and practice are de;veloping or advocat the traditional American county? pointment or by election by the grams by ·reason of .assuming re- developmental nature, county gov- ed in a number of other states. In 3, What form of local govern 'YOters of the county. Jurisdiction sponsibility for court wards and ernmental structure has proved to most states education is partially ment can be cteated which will .¢ the county court is usually c0n administrati-On of reciprocal :r,up... be ineffective, unwieldly, and un- in the hands.of city or independent possess adequate legislative au .:(ined to matters of probate, lesser port laws. responsive to many local needs. school districts. In Virginia and thority, administrative unity, ap.d ,_ei,vil actions, and minor criminal 8. Fire protection. -Many ooun- The lac& of UDity and cohesive- North Carolina all roads and high- corporate .power to perform ~f· .~fl'!Jnses . In times past, jqrisdiction ties :o:Perate a fire·depa"-enhor .ness characterizing a ·group Of . ways are ; constructed and main- (Continued on. page 8.) .. Noiem'ber ~ · 195_5 Page Sevea ABill Of Rights For The Executive Legislative Apportionment (Continued froin Page 5) Alaska is now so organized that The Alaska Constituti,on a number 0£ executive department heads are elected by the people. Is Important Consideration In view of the appointive nature By The Alaska Statehood erty, without due process of law· By the ALASKA STATEHOOD tate while still recoaruzmg the of the governorship in the Terri Committee nor deny any per~n within its COMl\llTTEE need for more l'epres~ntatioo The Alaska Constitutional Con ju.risdiction the equal protection tory of Alaska, in. the filling of One of the most important re- from the most populous area • vention is convening al a Lime in of the laws. (Amendment XIV) which office b • a .federal appointee sponsibilites of the Constitutional Another possible system j- p history when the lines of conflict The rights of citizens of lhe the people of Alaska have no voice, Convention which will meet at Col· port..ional represe.ntation in which 1ege will be to determine the basic seats are not assigned to specified between the free and slave worlds United Stales to vote ball not it has been and is .fi ting and prop structure of the legislature and J districts at all but simply divided be denied or abridged by the er that they have substantial choice - belween those who believe in the United States or any state on plan for apportioning the legishl- between parties according to the essential worth of the indJviclual account of race, color, or pre· in the selection of other admin tive eats. According to political results of each election. ·'PR" has and lhose who seek to establish vious condition or servitude. is 1..ra tive officers. even U1ough the scienti ts, many of the ills to which _ne"er actually been used for a the mo t complete tyranny o er (Amendment XV) arrangeme.nt tends to weaken the state government is -ubject can bP ,tate legislature. although -~me man's body and spirit-are sharply traced back lo legislatures which city rouncils are elected an "tfiat The right of citiz.ens of the 1 drawn. administrative authority of the fed are constructed so that they do not bas.ls. ' United States to vote hall not erally appointed go,·ernor and Freedom has always and in be denied by the United tate adequatel: represent the actual Oistrictin" - Unle AlaskJ !Ides every circumstance been a ·'hard or by any ·State on arcount 0£ made it more difficult to fix res di tribulioQ of population and poLi· I for "PR," it will be neces-ary, ; bought thing," and men who have sex. (Amendment XIX) pon ibility for the determination tical views of the state. . I divide the tale into smaller v.a~ts , oblaine original .constitutienal document mirul: given ample authority and means smaller legislature -unless there vide take.off points for discussion. and in amendments subsequent to 1- the issue or what matter to call ~e administration to ac· are pecial local or hi torical rea- Reap.J><>rtionmenl - No matter count legislathie conf\rmation of the first ten. Thus the national shall. be considered as fnndamen· ons for having them large. how fa'i,rly it is done, any appor- major executive appointee roigb1 Constitution pnmdes, in part: taJ enouah to be mcorporated Basis of Apportionment - What tionment soonei-. ~r later gets out. into the Ccnstitution as rights· be required, lhnitation of the right principle hould be fol10¥1ed in ap- of date_ a condltion . change and • Congress shall make no law of gubernatorial succession might rt!'Speeting an establishment of and portioning the seats in the legis- population grows at dilier~nt ra~ be provided, judicial independence 1ature? There ase everal ba e in different parts of the state. The religion, • or prohlbit:i:ng- the free. 2-a realization that right can· and power should be assured exercise thereof; or abridging not exist without corresponding !hat can be used, uch as popula· constitution ~us~ provid~ S_?me the e and other constitutional pro tion number of voters area or method of periodically redi·tribut- the freedom o.f speech, or or the appreciation on the pal' of the vi ions w o o 1 d afford adequate press; or the rlgbt of the people citizens as to their obligations. party tren"th. Acluilly, most ing legislative strength. . cbeck and balance . tales u e a combillation of sys- 1 In states wbere the b-a5..1c appor - - peaceably to assemble, and to C-Onstituliona\ Rights. Many But e ·en with su.ch saieguard . petition the government for a tem and usually follow somewhat ~onment is accor~? t~ popula right-, surh a the right of speech. executive authority and responsj redress o! grievances. (Amend· are guaranleed against govern.men· dillerent ystems for each house. lion, tJ;ie u ual provisron is for re bllities will remain united as the_ The mosr common way i to sel p~tionment every ten year~ ,, fol ment I) tal int~fo.rence bY the_ Jlation,.U The right of the people to be Constitution. The proposed state should be, so- that lhe credit or l' di trirt that are approximately lowing ~le results of the u.-s. c~'n secure in their persons, houses, government of Alaska could not, blame for good or bad administra equal in population with each di-· ~us. This. can be done. by rncreas papers; and effects, against un infringe ireedom of speech, even tion may be always readily e tab Lrict electing one leg.Uaior. Somt? 1~g. the SlZe of the legislature a~d reasonable searches and seizures, if there were no guarantee of free li hed. .l:Jle vary thl ph111 sligbUy by gJ:vmg the new seat . to the d!5- shall not be violated, and no speech in the Alaska Con tilution. 1'he great challenge which will ba ing the district on an eq 11 al tncts where popul.al1on ha~ m warrants shall issue, but upon The reason for this lies in the confront the people of the new number of voter instead oI equal creased, or by holdmg the SJZe of PoPttlat.ion. A few states use an the legislature the same and re probable cause: supported by !act that the Supreme C-Ourt of the late of Alaska will be to build oath or affirmation, and pa1·ti nited Slate" ha held that the a great state. a · oundly but as area ba e for the upper hou e ancl drawing the. di~trict boundar!es .S() cularly describing the place to Fourleenlh Amendment the na· ·speeaily as _possible. The most un el£oct a senate of one or two mem- that the distric will agaJ.D be to ber from each town. county, or equal in population. be searched, ~nd the persons or lionul Constitution incorporates a wise thina they could do, in pre district, regardles of population. One o~ ~e toug~est ?rotblem~ things to be seized. (Amendment against the slates many of the paring to meet the challenge of 0 IV) provi ions of the first ten amend· talehood, would be to handicap It i quite common to combine ~! con.stitution·m~g ISth de- men!s. executh•e leadership by withhold lhe area aud ]>Opulation ap· v_1se a . system t.o mslbY'e at re- No person shall be held to proaches. Under such a setup apportio~ent ~ctually take~ answer -for a capital, or other Even if the _Alaska CanstitutiQD ing from their governor the pow· . . _ ' place and m a fa.tr manner. The wise infamous crime, llllless on were to contain guarantees of a ers that are neces ary to his . uc dastncts are drawn•- and one . oc mos t common con st..ituti o...~at P""• .... presentment or indictment of a fair trial in criminal cases, the cessful iulfilbnent .of the high re two permanent sea .... are assign· . . · that th legislature it grand jury.. . nor shall any pec spon ibilities which he will as- ed t.o eacb: however, additional VISIO'! lS • e • Alaskan coarts would still be bound seats· are distributed among the s_etr ts re pons1ble fo~ reappor- son be subject for the same of to accord such trials, lor such has di.stricts according to their pop· t1onment, but experience has fense· to be twice put in jeopardy been the inte.rpretation or the na uJation. Such plan has the shown that legislatures are usual· of life or limb; nor shall he be tional Constitution. 8 should be included, the individual merit of guaranteeing some rep· ~Y reluctant ro lace up to the- compelled in any criminal case These opinions oJ' th United cimen should ask himself whetb· to be a witness against himself, States Supreme Court on the er they might not better he left Tesenl.ation t-0 all part · of the · :io.:~apportionmen t may mean t!,i'at nor be deprived of life, liberty, scope of the Fourteenth Amend· to legislative discretion and wbe· _ome of the members will Ie>se or property, without due process ment fillve not obvial,e.d, how· ther th ir .inclusion as ~ constitu· way in which th democratic their seats, and it alway m~?-9 of law; nor shall private prop ever, the necessity for a Bill of tional right might not sen•e to proces can Iu.nction well. that _new repres~ntatives _froni.i 1 fn~ erty be taken for public use Rights in the Alaska Constitution. clutter the constitution unneces· Sn.n..mary. The /\la ka Conslitu- growmg areas will come m ano, Ci! withnut just c o m pen s a ti o n. The Constitutional Convention sarily and complicate its effec· tion will contain a Bill of Right . lute lhe lrenath of those alreacfy (Amendment V) meeting at College on Nov. &. will tive implementation by the inter· Some of these right..s, possibly lhe in power. Some state legisl11~.. ,- ~..9 In all criminal prosecutions, most certainly want to reaf· ested branchei. of government. maj rity of them. wiJI be tho e have delayed or simply refuse, ;fl'il' the accused shall enjoy the right firm the traditional rights which There is always the danger that traditionallr associated with the many vears to do lheir co11~1 l'tu to a speedy and public Lrial, by Americans hav enjoyed. writing economic rights Into the American cheme o! government. tion~l duty in this respect, and;.\lie an impartial jury of the slate ... The Convention might even wi h Con titution ma)' cause future diI Some may seek t:o mcludc olber courts have declined Lo inlerve ~ and to be informed of the nature to str.engthen some presumed t.ra ficuJty because of changing econo matters. not so lraditionaJ, In th A a result. in man)- sla te~ 'tP,- and cause of U1e accusation; to dilional rigbls, such as for instan mic cfrcumstance impossible to Alaskan tatement of constitution- ral areas retain legislalive sfre,)l dpa be confronted wilh tbe witne ·ses ce would as ure fair treatment of foresee at present. al righ1 . The cilizer should a k far out of proportion to their· pqp-. against him; to have compulsory individuals subject to legislative Con titutional Obligations. En himself which of the e newer ele- ulation while rapidJy.arowing Cities process far obtaining wilne ses investigation, or of witnes es at umeration of civil rights in a con· ment be is prepared 10 aceept a- ar.e badly under-represented. in his favor, and to have the its hearing . Prohibitions against smuuon does not t.hert.:llY guaran being of enou"h of a fu ndamental 1 In o.rder to prevent such tand· assistance of counsel for his de interference by state and munici tee " free society. Preservation of character to inrorporate intO' his offs. some tates have added COil· fense. (Amendment Vl) pal authorities with speech, press, fundamental freedoms demands a Consti!nlion. titntional pi-ovisions intended to Excessive baH shall not be re· and religion and guarantees of fair citizenry alert and i·e ponsible to force t»e legislatu-re t.o act, or quired, nor excessive fines im and impartial judicial procedure the demands of public order. have t2!Ien apportionment Qul l pased, nor cruel and unusual are imporlant. And repetilion, if Complete Text the control or the 1egislature at A " Bill of Obligation , " although to.,.ether. The most common al· punishments inflicted. (Amend· not always necessary in a legal al times proposed, bas not yet ment VIII) sense, will do no damage to the found its way into a slate consti (ContlnuPd from Page 4.\ ternative to .reapportionment by Neither slavery nor involun traditional conceptions of what a tution, yet uch obligations are al costs attributable to I.be eleciions the legislature is a special board tary servitude, except as punish con titulion ought to contain. wa-; present: the obligation to or de1egates to the conveo ion, not for this purpose composed of the ment for crime whereof the party There is a second category 0£ obey laws made by democratic to exceed $60,000. shall be made governor and other elected offi shall have been duly convicted, so-called rights which is far more con titutional processes; the obli· upon vouchers certified. by the cials of ~e executive bran~h. Go f AJ sk All th. a · Congressional Representation - shall exist within the United controversial. They deal with eco· gatlon to vote, and to inform one v.erncir o a a. 0 er_ is- The Convention also may wish to States. or any place subject to nomic and ocial pro)ltem~. Con self of the issues involved in bursemen:ts of moneys appropriated I di cuss how dislricts are to I 00 their jurisdiction. (Amendment siderable argument may be gen election contests· the obligation to hereunder_ s_hall be made u~on vou- drawn for the election of Ala-ska's XIII) erated on the issue of what mat· be aware constanl.ly o.f the con chers certili~d by the pre~dent of members in the U.S. House of Re[> ...No state shall make or en ters, aside from lhe traditional duct of public busines1'; lhe obliga the convention. re entatives. There will. o.f course force any law which shall abridge ones, are important enough in this tion to pay taxes. Section 21. This Act shall be in be no need for such districts. a~ the privileges or immunities of day and age to be incorporated in These and many others are effect -OD and after Jts passage and Iona as Alaska ha only one Re[> a constitution as rights. citizens of the United States; nat properly a part of co11stitu· a~proval, or upon its becoming law resenlative, but the problem will nor shall any state deprive any In seeking answers t.o the que . tion. Yet the realiza1ion that the without such apprbval. be sure to arise at some time in person of life, liberty, or prop- tion of whether such matters obligations do exist is I.he om . Approved ·March 19, 1955 the future as the population grows. CONS'ITI'UTIONAL CONVENTION SUPPLEMENT November 4, 1955 $tale Finance Is Among County Govt.? Suffrage And Election (Continued from Page 6) ficiently all local services while By the Alaska Statehood Similarly, · presence in the state avoiding the necessity of cre Committee on account of such duty is often Problems Of Convention ating a host of duplicating and overlapping governmental units. The right to vote for those who stated to have no bearing on resi STATE FINANCE a serious problem in this respect be- In nearly all states the need to are to be entrusted with the duties ,dence for -voting purposes. Shorter ~elegates to the Constitutional cause of the very great potential for simplify local government struc and responsibilities of government residence requirements are gener ~vention in College will be called development-a development whose ture has been clearly recognized. is inherent in any "free" country ally provided, usually by statute Over the past 15 years the num upon to make provision in the new outlines and consequences can only as the means of validating_ the rather than by constitutional pr~ tm-damental law for the financial be predicted in the most general ber of local units has been gradual principle of "government by con- vision, for _purposes of determin s of the proposed state. Two way. The need to maintain flexibil ly decreasing as various jurisdic elements are involved. '!'he ity in state finance seems clear. Dif tions have successfully been con sent of the governed." The appli- ing voting privileges within politi i~ that. of the tax. ing authority ficulty may well arise because of solidated. It is commonly recogniz cation of that basic tenet of the cal subdivisions of the state or e state. The secop.d concerns the vast amount of public land that ed that the older, traditional units within voting precincts. -cQUnties, townships, and munici American idea is restricted, as - wana~ ment of t.he state's spending will probably accrue to the state long as Alaska re.m. ains a terri- All states today require that per- palitieg..:....cover too small an area ~~vi!i es , throug._h suitable provls- upon achievement of statehood. As sons must be citizens of the United ~ !1;11" budgeting, accounting, ex- has alr~ady been the case in many and are too restricted in their au tory, to the right to vote only for States in order to vote in state elec ~ndi,tui:e control, and the audit o! western states, dedication of the thority to efficiently administer the a delegate to COngr~ss, to terri- tions. While this has not always 'o t:s. proceeds of land sales to particular many functions assigned them in torial and municipal officials, or been the case, few today would an age of rapid transit and easy ~~ activities will be advocated by for such other officials. as may be confer the privilege of voting upon communication. . aliens who have not completed the ~~:J.l?:consti±utions va1·y from hav- many groups. Indeed, provisions of '!.'.he trend is significant and created by territorial or local au- steps necessary to become full llQ specific provision whatsoever congressional ~nabling legislation, points to a need for a local ·struc thority. The Constitutional Conven participants in the American na t'a..:.Cation to inclusion of highly influenced by interest groups with ture that avoids duplication of au iled articles establishing the in the federal bureaucracy, may tion conven4J.g at College on Nov- tion and thus assume the duties ·iw thority and_ jurisdictional overlap ember 8 will have to establish the and responsibilities that citizenship I i1riOUli; forms of taxation author- tend to force dedication of land de ping. The vast distances and large ¥~· . the purposes foi: which the velopment profits. This could seri unpopulated areas of Alaska do not suffrage requirements for the fu- involves. , ture state Although literacy or education· .v~ues shall be used, and various ously hamper the exercise of neces contradict this point, they reinforce ds o! exemptions and tax limi- sary state discretion in the use and al requirements , are still pre· it. - Modern state constitutions pro ~ons. Some constitutions prohibit development of resources, a prob- scribed as a c9ndition for voting The traditional p a t t e r n of vide the basic suffrage require in 18 ~cular types of taxation, such as lem in Texas and New Mexico states and have been ia· American local government was ments-conditions that must be ii:lcome tax, or establish home- where oil and other· minerals were eluded in the proposed llaw.aiiaa e created to serve a population that met for the individual t.o qualify . ad exemptions with respect to discovered on dedicated land. constitution, the difficulty of ad moved on hOi"Seback or in horse as a voter.- The federal Consti ministering such requirements ·.e property tax. It is common for Financial Management drawn carriages; and which had tution leaves to the states authori has largely nullified them except , , :te constitutions to specify that Years ago modern methods of none of the advantages of mod· ty to make the basic determina in a few southern states which 1,);Stems of taxation shall be uniform budgeting for government expendi ern communication. tions, such as those of resi employ snch requirements as a f!( .the class or ~bjects within the tures were unknown. Even the fed- In spite of Alaska's vast and dence, age, and citizenship. It re means of discouraging colored 1&:.m,11.s of the levymg authority. Not eral gove!rnment had no effective sparsely populated territory, it is stricts J;he state only by prohibit people and certain of the poorer 'Wfl;DY years ago it was common' to budget system and each' agency nevert!ieless true that· it takes less ing the establishment of qualifica whites from voting. ~ce limitations on the state debt prepared its own requests and went time to' get from Fairbanks to An tions based on sex, race, religion, Similarly, the use of payment on the state's borrowing author- to c o n gr e s s with them chorage or from Juneau to Ketchi of tF or other arbitrary standard. the poll tax as a prerequisite for ity. Trends in recent years have to secure appropriati!JnS. There were kan than it does to drive from one In ti,nes past, various states voting has gradually been abandon ~~~ to reduce the amount of detail no efforts by the executive branch side of Los Angeles_ to another. have restricted voting to those ed until it is in effect today in fith respect to the taxing power and to develop a total annual program True, it costs, more, but operation owning property, to those able of a government, whether state or only four southern states. Property \0 leave greater discretion to the in which the needs of one activity to pass literacy tests, or to those ownership qualifications have long fi?te legislatures. were balanced with those of an local, does not require dailt' com- who have paid head or poll taxes. mutation. ' . since been abandoned in all states. .•. ~t has long been common for var- other and the total spending pro Some of these restrictions are A few permit only property own 'fus functional units· of state gov- gram related to potential income_ still in use in a few states, but as almost every State will, ers to vote in certain types of ~ent and the people they serve Such matters were left to the legis gradually they have been broken on one side or another, be a frontier, bonding elections. io insist that specific revenues be lature. Without adequate staff and down by a general trend toward and will thus find, in regard to its Tn 36 states, the privilege of vot dellicated to support of the activi- with very meager information, legis a free and unrestricted exercise of #es _ in which they are interested. lators could only hope that their safety, an inducement to make some ing- is forfeited by those convicted the voting privilege by all those of major crimes or felonies. In Dedication may be _ accomplished provisions for revenue would be sacrifices for the sake of the gen who meet the age and residence eral protection; so the States which most cases, the forfeiture is per ~:tJler by constitutional provision sufficient to meet the expenditures requirements and who are oot manent unless the privilege is re er legislative enactment; but since they authorized. In the absence of lie at the greatest distance from the otherwise disqualified by reason heart of the Union, and which, of stored by specific executive or leg ¥gislation is subject to change by any better system, the fact that the of confinement in mental or islative action. Similarly, some 37 ta-ch succeeding legislative body, rate of expenditure for particular course, may partake least of the or penal institutions. dinary circulation of its benefits, states deny the vote to those who '(he general tendency is to secure functions was tied to the revenues In all but one state, the mini will be at the same time immedi are mentally incompetent, although dedication by efforts to earmark produced by particular tax source.i mum age for voting is 21. Georgia ately contiguous to foreign nations, the test of mental incompetence is ~rticula.r revenues in the consti- proved an impottant safeguard permits those who have attained and will consequently stand, on par in many cases unspecified and in 1Ution. Groups that have pressed against incurring deficits in many the age of 18 to vote. No one is ticular occasions, in greatest need others made dependent upon ad wost vigorously and successfully states. likely to suggest that the voting of its strength and resources. It ministrative or judicial determina ~r revenue dedication are school Shortly after the turn of the cen age be raised, but many people tion. teachers and their educational asso- tury, major improvements were in may be inconvenient for Georgia, feel that a minimum of 21 years or the States forming our western Many state constitutions speci ~'!tiOns and road agencies and their troduced in government financial is too higb.. or northeastern borders, to send Jy in some detail the manner !;ncipal supporters among com- management practices. In the fed During World War II, attention of holding elections, the dates ercial transportation organizations. eral government, creation of the their representatives to the seat of became focused on the fact that government; but they would find when elections are to be held, ore recently. welfare groups ana Bureau of the Budget in 1921 made young people subject to the draft and whether or not there should itecipients of public assistance have possible a rudimentary form of ex- it more so to struggle alone against and called upon to deferid their be a system of registration where 1n a number of states joined the penditure planning in the executive an invading enemy, or even .to sup cotultry on the field of battle were port alone the who.le expense of by voters may be qualified and [i.!iks of those advocating revenue branch prior to submission o:I' re nevertheless unable to exercise the entered on the voting lists prior •Ge_Qication. quests to congress. Si.milar develop those precautions which may be voting privilege by reason of the dictated by the neighborhood of to the election date. The only ."- .! has been the history of state ments occurred in a number of legal assumption that they were truly fundamental provision is ~erience that virtually every lim- state governments. Even today, continual . danger. If they should not sufficiently mature. derive less benefit, therefore, from that of a constitutional gual"lUl· lta,tion on legislative discretion with however, long after executive bud Measures to lower the voting tee of the secret ballot. the Union in some respects than the age were introduced in many n spect to use of the taxing power getihg practices have b~come highly The manner of holding elections, ntually has. come back to haunt developed and generally accepted, less distant States, they will derive state legislatures, but only Geor . greater benefit from it in other re the fixing of dates, the system of constitution's framers. In prac- many states have little more than gia reduced its legal voting age spects, and thus _the proper equilib as a consequence of the senti registration, and the general or application prohibitions against the barest rudiments of a satisfac ganization for election administra fn'eE type of taxation almost inevit- tory budgeting system. Frequently rium will be maintained through ment for change. However, in its tion may just as well be provided 1\'tllY results in a heavier burden be- the chief obstacle to effective bud out." Madison, The Federalist. proposed ~nstitution, Hawaii has set the -minimum v<>th1.g age at by statute, and increasingly an ef F~ l;J9rne by other tax sources with geting is the existence qf vark>us fort has been made by the drafters ' esultant distortion in tax burden degrees of financial au t on om y "Energy irtthe Executive is a lead 20. The age ol 21 is the historic ing character in the definition of and traditional age of adulthood, of modern constitutions to avoid ~ ljome segment of the popula- stemming from reliance upon dedi specifying detailed election pro good government" ... "The ingredi having its origin far ~ack in the Dedication, too, has serious cated revenues, often Slipplemented visions. ,,,..,. backs. One gover,wnental ac- by federal grants-in-aid for the pro ents which_constitute energy in the EngliSh common law. _ ' However, the constitution should >f· l!la:Y receive i;iore funds than gram conducted. Executive are, first, unity; secondly, A reduction in the legal voting age would not affect the basic prescribe in a transitory article, an, ~spent effectively even with Accepted practice, embodied in an duration; thirdly, an adequate pro vision for its support; fourthly, com common and statutory law W!th the dates of primary election, and e_.}flllSt elaborate programs while increasing number of state con other necessary provisions which ~!¥ . ~eeded services suffer from stitutions, calls for the governor to petent powers." Madison, The Fed- respect to the many other rights eralist. · and obligations that attainment of will enable the voters of the State ck ~~ adequate financial support. prepare ahd submit to the legisla- of Alaska to cast their ballots in !- ~ - ~t .basic legislative function ture at the beginning of each fiscal. ____....:______adulthood involves, even though it would cast some doubt over the the first election of state officers o Q_etide upon the nature and ex- period a complete plan of proposed itself that the executive has com assumptions and logic that support after the statehood bill becomes nt of state programs, and a legisla- expenditures, together with a de- plied with' the law and legislative law. The convention may wish to e is precluded from doing so ad- tailed statement of anticipated re- intent in the expenditure of appro present practices. The majority of states require continue, until ·its first state legis ~fQilate1y if, because of a host of ceipts. The governor is thus made priated funds. To this end, many that in order to vote, a person lature confirms or alters the pro ""earmarked taxes, it cannot allocate responsible for the development of legislatures have created the posi must have been a resident of the visions, the schedule and procedure ~penditures on the basis of need. an activity program which includes tion of legislative post-auditor and state foi:, at least one year. Some in effect under territorial status, S ti;angely, dedication has sometimes the means of financing each under- vested in it authority to audit all states demand a two-year resi but the transitory article should ~ulted in the inadequate support taking. At the same time, the legi- governmental accOUI).ts and to re dence, whereas several others re be prepared for the enactment of ot the very activity for the benefit slature is provided with a firm basis port findings to the legislature. A quire but six months. Residence the statehood legislation at a date af -which a particular tax is ear- for evaluating program content and number of states have made the po requireme!ltS .have as their objec too late to make the existing pro ~arked, for legislators and admini- considering executive requests. sition a constitutional one dependent tives the prevention of transient cedures effective. Straters come to regard the amount It has bet1ome general practice on the legislature with respect to voting on the one hand, and on the To illustrate: The statehood bill ?! . revenue produced by the tax for the executive branch to maintain both appointment and removal. other the assurance that those who might be signed by the President source as a ceiling on expenditures a unified system of financial ac- The delegates to the Alaska Con vote have some familiarity with in May or June of a national for the program. If the source is in- counts and a means for ascertaining stitutional Convention at College the issues and ca:adidates about election 31ear. Under existing ter lq.equate, or if the amount of in- the legality and propriety of ex- may or may not want to incorpor which they decid~ when casting ritorial law the primary election com(! fluctuates greatly from year penditures before they are made. It ate many of the ideas arid concepts their ballot. for territorial officials will have o yea+. the effect on program can i~ neither general practice nor de- here discussed in the document they It is generally provided that been held the preceding April. If ~ very grejit. sirable to set forth any such sys- draft. It is important, however, that residence status shall not be af the Convention desires to elect at lt is not possible to foresee the tern in a constiution for changing they give ~full consideration to the fiacted by absence for academic the national election the following ~ancial ne~ds of any parti,cular circumstances are bound to make financial arr~ngements under which study, absence in the armed forc November its state officers-Gov o.vernmsm~ activity in the years necessary system modifications from the new st~te will operate, with re es, or removal from the state ernor, Senator, Representative, and i::ome, and to tie any program to time to time. Far- more important is spect to bQth revenue structure and by reason of service ha or on others created by the Constitution F; IJ>articular revenue source is to -the provision for some means where- systems ot .financial -planning and behalf of ·the national or state -its transitory article will have ~~ite futur17- difficulty. Alaska faces by the legislative branch can assure control. .,· '" - , · governments. to establish the procedure.