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Constitutional Convention Supplement Jes,Sen' S Weekly Fairbanks, Alaska November 4, 1955

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Constitutional Convention Supplement Jes,Sen' S Weekly Fairbanks, Alaska November 4, 1955 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 <!I"s and m;;.y b:i,·,,e t-h" <>!>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. <Continued on Page 3) organization. Under this principle and none of these are the same we have not only the national Con-. as those of Michigan or Indiana. stitution but each of the states· Even within the same state, ur­ which comprise that Union also ban and rutal counties are likely h a v e established constitutions to differ radically as to function which grant powers to state gov­ and organization, and within some ernments and limit those govern­ &tates the scope of authority as- ments. These state constitutions ) signed to the various counties dif­ perform a vital role in American fers greatly. society, for the national govern­ ment has only those powers grant­ Counties came into existence in ed to it by the rnrtional constitu­ New England primarily as judicial tion. To the states is left a vast t;ubdivisions _of the state, and to amount of governmental authori­ a considerable degree they have ty; state constitutions establish the remained little'1 more than this. legal boundaries within which that Lqcal government in towns or town­ authority must be exercised. s.hips preceded the creation of the What, then, are the require· state and had already assumed ments of a state .constitution to­ most local functions before the day? What features distinguish county came into being. the "good" constitution from - In the early mral southern eco· those less satisfactory? What sort nomy, the county assumed great of organic law will the -people of importance as a local govern­ Alaska want to, wl'ite? ment unit with legal, commer· The Constitutidn a Document ol cial, and political activity center· CONVENTION SITE-Aiaska's historic Constitutional Convention will convene November· 8 in the Stu­ deni Union Building on the University of Alaska campus at College.
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