Alaska State Library – Historical Collections Diary of James Wickersham MS 107 BOX 6 DIARY 39 October 1, 1928 through May 15, 1930 Diary 39, 1928- [Front cover] opponent to join him in helping the canners to get a 1930 Private Diary bill through Congress giving them a lease on trap of sites, and that the younger of those two politicians James Wickersham received $6,000.00 for the job. What the elder and Octo 1, 1928 to May 15, 1930 more valuable man received was not stated, but his fee is reported at $15,000.00, which sounds Primary Election for Delegate to reasonable enough. What is this but the sale of Congress in 1930 political influence? For certainly what else was the price paid? It [inside front cover] was certainly not for services as lawyers. The [political pamphlet] canners had all the jurists they needed both in Problems Alaska, in Seattle and in Washington. To Be Considered. Recently one of my opponent’s clackers A accosted a friend of mine on the wharf at Ketchikan SPEECH and whispered to him that Rustgard had stopped BY the Legislature from imposing a tax of fifty dollars JOHN RUSTGARD on non-resident fishermen. Said my friend: “Don’t Addressed by Him to Natives and Whites you know that is a falsehood circulated for Alike. campaign purposes.” Published and Circulated by the “Yes,” answered the clacker, “but I did not know Rustgard Campaign Committee. YOU knew it.” After discussing the various planks in his The fact is that it is due to my work as Attorney platform and calling attention to what he hoped to General that the Legislature has the power to levy accomplish, Mr. Rustgard continued as follows: such a tax. When the tax of five dollars per head Ever since I was first mentioned as possible was levied on non-resident fishermen the law was candidate for Delegate to Congress my opponent’s attacked as illegal. I fought the case through all chief lieutenant, Mr. Wm. Paul, has been busy the courts clear to the Supreme Court of the United explaining to the Natives that I am the candidate of States and won. The tax was held legal. In 1925, the cannery interests. when a bill was introduced into the Legislature to This is only the burglar’s old trick of trying to make the tax fifty dollars, the Court of Appeals in escape by running and shouting “stop thief.” San Francisco had just decided a case in such a As Delegate to Congress I hope to be of use manner that it became almost certain that that both to the canners and all others in Alaska. tribunal would hold the fifty dollar tax illegal unless Meanwhile, before I go farther, let me say this: meanwhile a stronger decision could be secured While I was United States Attorney I persistently from the Supreme Court in a case then on appeal prosecuted canneries for violation of fishing in that court. I then advised holding the pending regulations. Since I became Attorney General I tax bill till the power of the Legislature was settled have handled for the public thirty-eight different by the highest authority in the case on appeal. At cases in court against salmon canners and never that time he did not care whether the law was lost one. knocked out or not. All he wanted was to show he What is the record my accuser and his could put it over and redeem his election promises. candidate? We have it from the speech delivered I can say that I did soon thereafter secure a very by Wm. Paul at Ketchikan immediately before the strong decision from the Supreme Court which I 1928 election, that he was invited by my astute think will render the present tax of $250 on non- resident trollers valid. Without that decision by the connection with this project. The sum thus to be Supreme Court I feel certain that not even a fifty collected is estimated at from fifteen to twenty dollar tax would have been sustained by the Court thousand dollars. of Appeals, and we might not have got the chance I think I can show you why this contract is not to have such decision reviewed by the Supreme likely to be made public. Court. In that event the authority of the Legislature There is a statute of the United States which would have been lost forever, unless Congress provides as follows: should come to our rescue, which is doubtful. “Whoever, being elected or appointed a Senator, There is another feature of this campaign which I Member of, or Delegate to Congress, or a Resident want to discuss with you. Commissioner, shall, after his election or At the convention held by the Alaska Native appointment, and either before or after he has Brotherhood at Haines last November, that qualified, and during his continuance in office, organization entered into a written contract with practice in the Court of Claims, shall be fined not Judge Wickersham and Wm. Paul. I have more than $10,000 and imprisoned not more than endeavored to get a copy of that contract but have two years; and shall, moreover, thereafter be failed. Several Indian friends of mine who are incapable of holding any office of honor, trust, or members of the Brotherhood and who were profit under the Government of the United States. delegates to the convention have also endeavored This statute speaks for itself and you need no to get the copies but have failed, though they were lawyer to tell you what it means. A few years ago entitled to copies. The Grand Officers keep the two different Senators had to go to the penitentiary matter a profound secret, and I dare the gentleman for violating this law. interested to let the contract be made public. If you Natives want a man for attorney in your But several friends of mine who attended the cases against the Government you can’t at the convention have told me in substance what the same time have him as Delegate You will at least contract provides. It is typewritten and contains have to choose. My hunch is, that when you several pages. Natives contribute money to the violation of this In effect it provides that Judge Wickersham shall statute which I have just read you are getting your prepare and pass through Congress a bill legs pulled. You get no more for your money than authorizing the Haida and Thlinget tribes of the canners did for theirs. So much for that. Southeastern Alaska (none others, keep that in There is now pending before Congress a bill mind) to bring suits against the United States in the introduced on the 8th of January by Mr. Sutherland Court of Claims to recover damages for the which undertakes to carry out a part of the Haines appropriation by the Government of all the lands contract with the Brotherhood. It is designed to and minerals and all the fishing and hunting give the two tribes in question the right to sue the grounds of Southeastern Alaska and which my Government in the Court of Claims. But why opponent claims belong to the Indians and of which should not the other dozen or more tribes in Alaska he claims they have been robbed by the be given the same right? Why is it that our Government; that Wickersham and Paul are to act Delegate undertakes to look out only for the as attorneys for those two tribes in prosecuting interests of those natives who have in advance those claims before the Court of Claims, and are to agreed to divide their spoils with Paul and receive a percentage of the money thereby Wickersham/ recovered, and that the Brotherhood is to collect Answer that if you can. the sum of ten dollars from each of its members for Is it for the purpose of compelling the other tribes the purpose of defraying the expenses in to rush into the arms of certain lawyers before they Alaska State Library – Historical Collections Diary of James Wickersham MS 107 BOX 6 DIARY 39 October 1, 1928 through May 15, 1930 can get recognition by their representative in permission to ship saw logs from the National Congress? Is the Delegate’s office to be used as a forests to Japan to be there sawed into lumber by collection bureau for political mercenaries? cheap foreign labor. The Forestry Bureau takes Of course not. the position that all the timber in Alaska must be No one who knows Mr. Sutherland will believe worked up into lumber or pulp in Alaska by Alaska that he intended to lend his aid to any dishonest labor. In this stand I thoroughly agree, and so I say act. Whatever else he may be he is absolutely on in my platform. the square. He evidently did not take the trouble to On this subject Canada has the right system. In read the bill. He has got into such a state of mind that country, in order to encourage home that he does not read a document unless you industries, it is required that all timber be worked smear it with fish oil. up into merchandise, whether lumber or pulp, One thing I can assure you of, -if elected I shall before it leaves the country. To encourage paper endeavor to represent all the people at all the times manufacturing they have an export duty to pulp; to irrespective of whether they have agreed to pay encourage smelting and refining of metals they tribute to any particular lawyer or not.