CHAP

ASL-KF50.U58v.23p24

[page]24 FORTY-EIGHTH CONGRESS. SESS. 1. CHS. 52, 53. 1884

CHAP. 53.—An act providing a civil government for Alaska.

May 17, 1884.

Alaska.

Civil and judi-

cial district of.

15 Stat., 240.

Seat of govern-

ment.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That the territory ceded to the

United States by Russia by the treaty of March thirtieth, eighteen hun-

dred and sixty-seven and known as Alaska, shall constitute a civil and

judicial district, the government of which shall be organized and admin-

istered as hereinafter provided. The temporary seat of government of

said district is hereby established at Sitka.

Governor; au-

thority, duties.

sec. 2. That there shall be appointed for the said district a governor,

who shall reside therein during his term of office and be charged with the

interests of the United States Government that may arise within said

district. To the end aforesaid he shall have authority to see that the

laws enacted for said district are, enforced, and to require the faithful dis-

charge of their duties by the officials appointed to administer the same.

He may also grant reprieves for offenses committed against the laws of

the district or of the United States until the decision of the Presid-

ent thereon shall be made known. He shall be ex officio commander-

in-chief of the militia of said district, and shall have power to call out

the same when necessary to the due execution of the laws and to pre-

serve the peace, and to cause all able-bodied citizens of the United States

in said district to enroll and serve as such when the public exigency

demands; and he shall perform generally in and over said district such

acts as pertain to the office of governor of a territory, so far as the same

may be made or become applicable thereto. He shall make an annual

report, on the first day of October in each year, to the President of the

United States, of his official acts and doings, and of the condition of

said district, with reference to its resources, industries, population,

and the administration of the civil government thereof. And the Presi-

dent of the United States shall have power to review and to confirm or

annul any reprieves granted or other acts done by him.

District court.

Jurisdiction of.

District judge.

Term of court;

special sessions.

sec. 3. That there shall be, and hereby is, established a district court

for said district, with the civil and criminal jurisdiction of district courts

of the United States, and the civil and criminal jurisdiction of district

courts of the United States exercising the jurisdiction of circuit courts,

and such other jurisdiction, not inconsistent with this act, as may be

established by law; and a district judge shall be appointed for said dis-

trict, who shall during his term of office reside therein and hold at least

two terms of said court therein in each year, one at Sitka, beginning on

the first Monday in May, and the other at Wrangel, beginning on the

first Monday in November. He is also authorized and directed to hold

such special sessions as may be necessary for the dispatch of the busi-

ness of said court, at such times and places In said district as he may

deem expedient, and may adjourn such special session to any other time

previous to a regular session. He shall have authority to employ inter-

preters, and to make allowances for the necessary expenses of his court.

Interpreters; ex-

penses of court.

Clerk; duties.

District attor-

ney.

Marshal.

sec. 4. That a clerk shall be appointed for said court, who shall be

ex officio secretary and treasurer of said district, a district attorney,

and a marshal, all of whom shall during their terms of office reside

therein. The clerk shall record and preserve copies of all the laws, pro-

ceedings, and official acts applicable to said district. He shall also re-

ceive all moneys collected from fines, forfeitures, or in any other manner

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FORTY-EIGHTH CONGRESS. sess. I. ch. 53. 1884. [page]25

Proviso.

except from violations of the custom laws, and shall apply the same

to the incidental expenses of the said district court and the allowances

thereof, as directed by the judge of said court, and shall account for the

same in detail, and for any balances on account thereof, quarterly, to

and under the direction of the Secretary of the Treasury. He shall be

ex officio recorder of deeds and mortgages and certificates of location

of mining claims and other contracts relating to real estate and register

,of wills for said district, and shall establish secure offices in the towns

of Sitka and Wrangel, in said district, for the safekeeping of all his of-

ficial records, and of records concerning the reformation and establish-

ment of the present status of titles to lands, as hereinafter directed: Pro -

vided, That the district court hereby created may direct, if it shall deem

it expedient, the establishment of separate offices at the settlements of

Wrangel, Oonalashka, and Juneau City, respectively, for the recording

of such instruments as may pertain to the several natural divisions of

said district most convenient to said settlements, the limits of which

shall, in the event of such direction, be defined by said court; and said

offices shall be in charge of the commissioners respectively as herein-

after provided.

Commissioners,

authority and du-

ties of.

Governor to re-

port to Congress

operations of Alas-

ka Seal and Fur

Company.

sec. 5. That there shall be appointed by the President four commis-

sioners in and for the said district who shall have the jurisdiction and

powers of commissioners of the United States circuit courts in any part

of said district, but who shall reside, one at Sitka, one at Wrangel, one

at Oonalashka, and one at Juneau City. Such commissioners shall ex-

ercise all the duties and powers, civil and criminal, now conferred on

Justices of the peace under the general laws of the State of Oregon, so

far as the same may be applicable in said district, and may not be in

conflict with this act or the laws of the United States. They shall also

have jurisdiction, subject to the supervision of the district judge, in all

testamentary and probate matters, and for this purpose their courts

shall be opened at stated terms and be courts of record, and be provided

with a seal for the authentication of their official acts. They shall also

have power to grant writs of habeas corpus for the purpose of inquir-

ing into the cause of restraint of liberty, which writs shall be made

returnable before the said district judge for said district; and like pro-

ceedings shall be had thereon as if the same had been granted by said

judge under the general laws of the United States in such cases. Said

commissioners shall also have the powers of notaries public, and shall

keep a record of all deeds and other instruments of writing acknowl-

edged before them and relating to the title to or transfer of property

within said district, which record shall be subject to public inspection.

Said commissioners shall also keep a record of all fines and forfeitures

received by them, and shall pay over the same quarterly to the clerk of

said district court. The governor appointed under the provisions of

this act shall, from time to time, inquire into the operations of the

Alaska Seal and Fur Company, and shall annually report to Congress

the result of such inquiries and any and all violations by said company

of the agreement existing between the United States and said company.

Marshal; au-

thority.

Deputy Mar-

shals.

Residence of

deputy marshals.

sec, 6. That the marshal for said district shall have the general au-

thority and powers of the United States marshals of the States and Ter-

ritories. He shall be the executive officer of said court, and charged

with the execution of all process of said court and with the transporta-

tion and custody of prisoners, and he shall be ex officio keeper of the

jail or penitentiary of said district He shall appoint four deputies,

who shall reside severally at the towns of Sitka, Wrangel, Oonalashka,

and Juneau City, and they shall respectively be ex officio constables

and executive officers of the commissioners courts herein provided, and

shall have the powers and discharge the duties of United States deputy

marshals, and those of constables under the laws of the State of Oregon

now in force.

General laws of

Oregon made ap-

plicable.

sec. 7. That the general laws of the State of Oregon now in force are

hereby declared to be the law in said district, so far as the same may be

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[page] 26 FORTY-EIGHTH CONGRESS. sess. I. ch. 53. 1884.

Imprisonment in

criminal cases.

Civil cases, how

determined.

Appeals.

Writs of error.

Jurisdiction of

circuit courts in

Oregon.

Final judgment,

etc.

applicable and not in conflict with the provisions of this act or the laws

of the United States; and the sentence of imprisonment in any criminal

case shall be carried out by confinement in the jail or penitentiary here-

inafter provided for. But the said district court shall have exclusive

jurisdiction in all cases in equity or those involving a question of title

to land, or mining rights, or the constitutionality of a law, and in all

criminal offenses which are capital. In all civil cases, at common law,

any issue of fact shall be determined by a jury, at the instance of either.

party; and an appeal shall lie in any case, civil or criminal, from the

judgement of said commissioners to the said district court where the

amount involved in any civil case is two hundred dollars or more, and

in any criminal case where a fine of more than one hundred dollars or

imprisonment is imposed, upon the filing of a sufficient appeal bond by

the party appealing, to be approved by the court or commissioner.

Writs of error in criminal cases shall issue to the said district court from

the United States circuit court for the district of Oregon in the cases

provided in chapter one hundred and seventy-six of the laws of eighteen

hundred and seventy-nine; and the jurisdiction thereby conferred upon

circuit courts is hereby given to the circuit court of Oregon. And the

final judgments or decrees of said circuit and district court may be re-

viewed by the Supreme Court of the United States as in other cases.

Land district.

U. S. land office

at Sitka.

Receiver.

U. S. mining

laws made appli-

cable.

Proviso.

Lands owned by

Indians.

Proviso.

Mines and min-

ing claims.

Proviso.

Missionary sta-

tions.

General land

laws of U. S. not

applicable.

sec. 8. That the said district of Alaska is hereby created a land dis-

trict, and a United States land-office for said district is hereby located

at Sitka. The commissioner provided for by this act to reside at Sitka

shall be ex officio register of said land-office, and the clerk provided for

by this act shall be ex officio receiver of public moneys and the marshal

provided for by this act shall be ex officio surveyor-general of said dis-

trict and the laws of the United States relating to mining claims, and

the rights incident thereto, shall, from and after the passage of this act,

be in full force and effect in said district, under the administration

thereof herein provided for, subject to such regulations as may be made

by the Secretary of the Interior, approved by the President: Provided,

That the Indians or other persons in said district shall not be disturbed

in the possession of any lands actually in their use or occupation or now

claimed by them but the terms under which such persons may acquire

title to such lauds is reserved for future legislation by Congress: And

provided further, That parties who have located mines or mineral privi-

leges therein under the laws of the United States applicable to the pub-

lic domain, or who have occupied and improved or exercised acts of

ownership over such claims, shall not be disturbed therein, but shall be

allowed to perfect their title to such claims by payment as aforesaid:

And provided also, That the land not exceeding six hundred and forty

acres at any station now occupied as missionary stations among the In-

dian tribes in said section, with the improvements thereon erected by or

for such societies, shall be continued in the occupancy of the several

religious societies to which said missionary stations respectively belong

until action by Congress. But nothing contained in this act shall be

construed to put in force in said district the general land laws of the

United States.

Appointment of

governor, etc., to

be made by the

President.

Term of office.

Fees.

Salaries.

sec. 9. That the governor, attorney, judge, marshal, clerk, and com-

missioners provided for in this act shall be appointed by the President

of the United States, by and with the advice and consent of the Semite,

and shall hold their respective offices for the term of four years, and un-

til their successors are appointed and qualified. They shall severally

receive the fees of office established by law for the several offices the

duties of which have been hereby conferred upon them, as the same are

determined and allowed in respect, of similar offices under the laws of

the United States, which fees shall be reported to the Attorney-General

and paid into the Treasury of the, United States. They shall receive

respectively the following annual salaries. The governor, the sum of

three thousand dollars; the attorney, the sum of two thousand live hun-

dred dollars; the marshal, the sum of two thousand live hundred dollars,

[page break]

FORTY-EIGHTH CONGEESS. sess. I. Ch. 53. 1884. [page]27

Traveling ex-

penses.

Fees of commis-

sioners, etc.

Oath of office.

Legislative as-

sembly and Dele-

gate to Congress

prohibited,

Bund of commis-

sioners, etc.

the judge, the sum of three thousand dollars; and the clerk, the sum of

two thousand five hundred dollars, payable to them quarterly from the

Treasury of the United States. The District Judge, Marshal, and Dis-

trict Attorney shall be paid their actual, necessary expenses when trav-

eling in the discharge of their official duties. A detailed account shall

be rendered of such expenses under oath and as to the marshal and

district attorney such account shall be approved by the judge, and as to

his expenses by the Attorney General. The commissioners shall receive

the usual fees of United States commissioners and of justices of the

peace for Oregon, and such fees for recording instruments as are al-

lowed by the laws of Oregon for similar services, and in addition a sal-

ary of one thousand dollars each. The deputy marshals, in addition to

the usual fees of constables in Oregon, shall receive each a salary of

seven hundred and fifty dollars, which salaries shall also be payable

quarterly out of the Treasury of the United States. Each of said offi-

cials shall, before entering on the duties of his office, take and subscribe

an oath that he will faithfully execute the same, which said oath may

be taken before the Judge of said district or any United States district

or circuit judge. That all officers appointed for said district, before en-

tering upon the duties of their offices, shall take the oaths required by

law and the laws of the United States, not locally inapplicable to said.

district and not inconsistent with the provisions of this act are hereby

extended thereto; but there shall be no legislative assembly in said dis-

trict, nor shall any Delegate be sent to Congress therefrom. And the

said clerk shall execute a bond, with sufficient sureties; in the penalty

of ten thousand dollars, for the faithful performance of his duties, and

file the same with the Secretary of the Treasury before entering on the

duties of his office; and the commissioners shall each execute a bond,

with sufficient sureties, in the penalty of three thousand dollars, for

the faithful performance of their duties, and file the same with the clerk

before entering on the duties of their office.

Public build-

ings.

Jail in Sitka, re-

pairs.

sec. 10. That any of the public buildings in said district not required

for the customs service or military purposes shall be used for court-rooms

and offices of the civil government; and the Secretary of the Treasury

is hereby directed to instruct and authorize the custodian of said build-

ings forthwith to make such repairs to the jail in the town of Sitka, in

said district, as will render it suitable for a jail and penitentiary for the

purposes of the civil government hereby provided, and to surrender to

the marshal the custody of said jail and the other public buildings, or

such parts of said buildings as may be selected for court-rooms, offices,

and officials.

Laws applicable,

etc., printing of.

sec. 11. That the Attorney-General is directed forthwith to compile

and. cause to be printed, in the English language, in pamphlet form, so

much of the general laws of the United States as is applicable to the

duties of the governor, attorney, judge, clerk, marshals, and commis-

sioners appointed for said district, and shall furnish for the use of the

officers of said Territory so many copies as may be needed of the laws

of Oregon applicable to said district.

Commissioners

to examine and re-

port on the condi-

tion of Indians,

lands, etc.

Appropriation

for expenses of

commission.

sec. 12. That the Secretary of the Interior shall select two of the offi-

cers to be appointed under this act, who, together with the governor,

shall constitute a commission to examine into and report upon the con-

dition of the Indians residing in said Territory, what lauds, if any, should

be reserved for their use, what provision shall be made for their educa-

tion what rights by occupation of settlers should be recognized, and all

other facts that may be necessary to enable Congress to determine what

limitations or conditions should be imposed when the laud laws of the

United States shall be extended to said district; and to defray the ex-

penses of said commission the sum of two thousand dollars is hereby

appropriated out of any moneys in the Treasury not otherwise appro-

printed.

Education of

children.

sec. 13 That the Secretary of the Interior shall make needful and

proper provision for the education of the children of school age in the

[page break]

28 FORTY-EIGHTH CONGRESS. sess. I. chs. 53, 55. 1884.

Appropriation.

Territory of Alaska, without reference to race, until such time as per-

manent provision shall be made for the same, and the sum of twenty-

five thousand dollars, or so much thereof as may be necessary is hereby

appropriated for this purpose.

R. S., p. 343.

Intoxicating liq-

uors, except for

medicinal pur-

poses, etc., pro-

habited.

R. S., p. 343.

President to

make necessary

regulations, etc.

sec 14. That the provisions of chapter three, title twenty-three, of

the Revised Statutes of the United States, relating to the unorganized

Territory of Alaska, shall remain in full force, except as herein spec-

ially otherwise provided; and the importation manufacture and sale of

intoxicating liquors in said district except for medicinal mechanical and

scientific purposes is hereby prohibited under the penalties which are

provided in section nineteen hundred and fifty-five of the Revised Stat-

utes For the wrongful importation of distilled spirits. And the Presi-

dent of the United States shall make such regulations as are necessary

to carry out the provisions of this section.

Approved, May 17, 1884.