SIXTY-SECOND CONGRESS

ASL-KF50.U58v.37

512 SIXTY-SECOND CONGRESS. sess. II. chs. 385-387. l912.

August 24,1912.

[H. R. 38.]

[Public, No. 334.]

CHAP. 387.—An Act To create a legislative assembly in the Territory of Alaska,

to confer legislative power thereon, and for other purposes.

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

United States of America in Congress assembled,

Alaska.

Territorial organi-

zation for.

Vol. 15, p. 534.

alaska territory organized.—That the territory ceded to the

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

hundred and sixty-seven, and known as Alaska, shall be and con-

stitute the Territory of Alaska under the laws of the United States,

the government of which shall be organized and administered as

provided by said laws.

Capital at Juneau.

SEC. 2. CAPITAL AT JUNEAU.—That the capital of the Territory

of Alaska shall be at the city of Juneau, Alaska, and the seat of gov-

ernment shall be maintained there.

Constitution and

laws extended.

Provisos.

Restriction on alter-

Ing, etc., specified

laws in force.

Vol. 33, p. 616.

sec. 3. CONSTITUTION AND LAWS OF UNITED STATES EXTENDED.—

That the Constitution of the United States, and all the laws thereof

which are not locally inapplicable, shall have the same force and

effect within the said Territory as elsewhere in the United States;

that all the laws of the United States heretofore passed establishing

the executive and judicial departments in Alaska shall continue m

full force and effect; until amended or repealed by Act of Congress,

that except as herein provided all laws now in force in Alaska shall

continue in full force and effect until altered, amended, or repealed

by Congress or by the legislature: Provided, That the authority

1 herein granted to the legislature to alter, amend, modify, and repeal

laws in force in Alaska shall not extend to the customs, internal-

revenue, postal, or other general laws of the United States or to the

game, fish, and fur-seal laws and laws relating to fur-bearing animals

of the United States applicable to Alaska, or to the laws of the

United States providing for taxes on business and trade, or to the

Act entitled "An Act to provide for the construction and mainte-

nance of roads, the establishment and maintenance of schools, and the

care and support of insane persons in the District of Alaska, and for

other purposes," approved January twenty-seventh, nineteen hun-

[page break]

SIXTY-SECOND CONGRESS. sess. 11. ch. 387. 1912. 513

Taxation.

District court offi-

cials.

dred and five, and the several Acts amendatory thereof: Provided

further, That this provision shall not operate to prevent the legis-

lature from imposing other and additional taxes or licenses. And

the legislature shall pass no law depriving the judges and officers of

the district court of Alaska of any authority, jurisdiction, or func-

tion exercised by like judges or officers of district courts of the United

States.

Legislature.

Senate.

Membership.

Term.

Provisos .

Division in two

classes.

House of represent-

atives.

Membership.

Term.

Vacancies.

Pay and mileage.

SEC. 4. the legislature.—That the legislative power and au-

thority of said Territory shall be vested in a legislature, which shall

consist of a senate and a house of representatives. The senate

shall consist of eight members, two from each of the four judicial

divisions into which Alaska is now divided by Act of Congress, each

of whom shall have at the time of his election the qualifications of an

elector in Alaska, and shall have been a resident and an inhabitant

in the division from which he is elected for at least two years prior

to the date of his election. The term of office of each member of the

senate shall be four years: Provided, That immediately after they

shall be assembled in consequence of the first election they shall, by

lot or drawing, be divided in each division into two classes; the seats

of the members of the first class shall be vacated at the end of two

years and the seats of the members of the second class shall be va-

cated at the end of four years, so that one member of the senate

shall, after the first election, be elected biennially at the regular

election from each division. The house of representatives shall

consist of sixteen members, four from each of the four judicial divi-

sions into which Alaska is now divided by Act of Congress. The

term of office of each representative shall be for two years and each

representative shall possess the same qualifications as are prescribed

for members of the senate and the persons receiving the highest

number of legal votes in each judicial division cast in said election

for senator or representative shall be deemed and declared elected

to such office: Provided, That in the event of a tie vote the candi-

dates thus affected shall settle the question by lot. In case of a

vacancy in either branch of the legislature the governor shall order

an election to fill such vacancy, giving due and proper notice thereof .

That each member of the legislature shall be paid by the United

States the sum of fifteen dollars per day for each day's attendance

while the legislature is in session, and mileage, in addition, at the

rate of fifteen cents per mile for each mile from his home to the cap-

ital and return by the nearest traveled route.

Elections biennially.

Qualifications, etc.

Vol. 34, p. 169.

Canvassing returns.

Penalties.

Vol. 34, p. 174.

[page break]

SEC. 5. election OF MEMBERS OF THE LEGISLATURE.—That the

first election for members of the Legislature of Alaska shall be held

on the Tuesday next after the first Monday in November, nineteen

hundred and twelve, and all subsequent elections for the election of

such members shall be held on the Tuesday next after the first Mon-

day in November biennially thereafter; that the qualifications of

electors, the regulations governing the creation of voting precincts,

the appointment and qualifications of election officers, the super-

vision of elections, the giving of notices thereof, the forms of ballots,

the register of votes, the challenging of voters, and the returns and

the canvass of the returns of the result of all such elections for mem-

bers of the legislature shall be the same as those prescribed in the

Act of Congress entitled "An Act providing for the election of a

Delegate the House of Representatives from the Territory of

Alaska," approved May seventh, nineteen hundred and six, and all

the provisions of said Act which are applicable are extended to said

elections for members of the legislature, and shall govern the same,

and the canvassing board created by said Act shall canvass the re-

turns of such elections and issue certificates of election to each mem-

ber elected to the said legislature; and all the penal provisions con-

tained in section fifteen of the said Act shall apply to elections for

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514 SIXTY-SECOND CONGRESS. sess. II. ch. 387. l912.

members of the legislature as fully as they now apply to elections for

Delegate from Alaska to the House of Representatives.

Sessions of legisla-

ture every two years.

Limitation.

Extraordinary ses-

ions.

SEC. 6. convening and sessions of legislature.—That the Leg-

islature of Alaska shall convene at the capitol at the city of Juneau

Alaska, on the first Monday in March m the year nineteen hundred

and thirteen, and on the first Monday in March every two years

thereafter; but the said legislature shall not continue in session

longer than sixty days in any two years unless again convened in

extraordinary session by a proclamation of the governor, which shall

set forth the object thereof and give at least thirty days' written

notice to each member of said legislature, and in such case shall not

continue m session longer than fifteen days. The governor of Alaska

is hereby authorized to convene the legislature in extraordinary ses-

sion for a period not exceeding fifteen days when requested to do so

by the President of the United States, or when any public danger or

necessity may require it.

Organization.

Presiding officers.

Subordinate officers.

R.S., sec.1861, p.329.

Proviso. Restriction.

SEC. 7. organization of the legislature.—That when the leg-

islature shall convene under the law, the senate and house of repre[sen]-

tatives shall each organize by the election of one of their number as

presiding officer, who shall be designated m the case of the senate as

"president of the senate" and in the case of the house of representa-

tives as "speaker of the house of representatives," and by the elec-

tion by each body of the subordinate officers provided for in section

eighteen hundred and sixty-one of the United States Revised Statute

of eighteen hundred and seventy-eight, and each of said subordinate

officers shall receive the compensation provided in that section:

Provided, That no person shall be employed for whom salary, wages,

or compensation is not provided in the appropriation made by

Congress.

Form, etc., of laws.

SEC. 8. enacting clause—subject of act.—That the enacting

clause of all laws passed by the legislature shall be "Be it enacted by

the Legislature of the Territory of Alaska." No law shall embrace

more than one subject, which shall be expressed in its title.

Limitations of legis-

lative power.

Taxation.

Special privileges,

etc.

Specified local, etc.,

laws.

General incorpora-

tion law permitted.

Extent of.

Limited to the Terri-

tory.

Divorce restrictions.

[page break]

SEC. 9. legislative power—limitations.—The legislative power

of the Territory shall extend to all rightful subjects of legislation not

inconsistent with the Constitution and laws of the United States,

but no law shall be passed interfering with the primary disposal of

the soil; no tax shall be imposed upon the property of the United

States; nor shall the lands or other property of nonresidents be

taxed higher than the lands or other property of residents; nor shall

the legislature grant to any corporation, association, or individual

any special or exclusive privilege, immunity, or franchise without

the affirmative approval of Confess; nor shall the legislature pass

local or special laws m any of the cases enumerated in the Act of

July thirtieth, eighteen hundred and eighty-six; nor shall it grant

private charters or special privileges, but it may, by general act, per-

mit persons to associate themselves together as bodies corporate for

manufacturing, mining, agricultural, and other industrial pursuits,

and for the conduct of business of insurance, savings banks, banks of

discount and deposit (but not of issue), loans, trust, and guaranty

associations, for the establishment and conduct of cemeteries, and

for the construction and operat[i]on of railroads, wagon roads, vessels,

and irrigating ditches, and the colonization and improvement of

lands in connection therewith, or for colleges, seminaries, churches,

libraries, or any other benevolent, charitable, or scientific association,

but the authority embraced in this section shall only permit the or-

ganization of corporations or associations whose chief business shall

be in the Territory of Alaska; no divorce shall be granted by the

legislature, nor shall any divorce be granted by the courts of the

Territory, unless the applicant therefor shall have resided in the

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SIXTY-SECOND CONGRESS. sess. II. ch. 387. 1912. 515

Lottery, gambling,

liquors, etc.

Support of sectarian

schools.

Subscriptions to cor-

porations.

Bonded indebted-

ness.

Indebtedness for

running expenses al-

lowed.

Provisos .

Payment.

Limit on taxes.

Tax on railroads re-

served to Congress.

Inconsistent acts,

etc., void.

Women suffrage per-

mitted.

Territory for two years next preceding the application, which resi-

dence and all causes for divorce shall be determined by the court

upon evidence adduced in open court; nor shall any lottery or the

sale of lottery tickets be allowed; nor shall the legislature or any

municipality interfere with or attempt in anywise to limit the Acts of

Congress to prevent and punish gambling, and all gambling imple-

ments shall be seized by the United States marshal or any of his

deputies, or any constable or police officer, and destroyed; nor shall

spirituous or intoxicating liquors be manufactured or sold, except

under such regulations and restrictions as Congress shall provide;

nor shall any public money be appropriated by the Territory or any

municipal corporation therein for the support or benefit of any sec-

tarian, denominational, or private school, or any school not under

the exclusive control of the Government; nor shall the Government

of the Territory of Alaska or any political or municipal corporation

or subdivision of the Territory make any subscription to the capital

stock of any incorporated company, or in any manner lend its credit

for the use thereof; nor shall the Territory, or any municipal corpo-

ration therein, have power or authority to create or assume any

bonded indebtedness whatever; nor to borrow money in the name of

the Territory or of any municipal division thereof; nor to pledge the

faith of the people of the same for any loan whatever, either directly

or indirectly; nor to create, nor to assume, any indebtedness, except

for the actual running expenses thereof; and no such indebtedness

for actual running expenses shall be created or assumed in excess of

the actual income of the Territory or municipality for that year, in-

eluding as a part of such income appropriations then made by Con-

gress, and taxes levied and payable and applicable to the payment of

such indebtedness and cash and other money credits on hand and

applicable and not already pledged for prior indebtedness: Provided,

That all authorized indebtedness shall be paid in the order of its

creation; all taxes shall be uniform upon the same class of subjects

and shall be levied and collected under general laws, and the assess-

ments shall be according to the actual value thereof. No tax shall

be levied for Territorial purposes in excess of one per centum upon

the assessed valuation of property therein in any one year; nor shall

any incorporated town or municipality levy any tax, for any purpose,

in excess of two per centum of the assessed valuation of property

within the town m any one year: Provided, That the Congress re-

serves the exclusive power for five years from the date of the approval

of this Act to fix and impose any tax or taxes upon railways or rail-

way property in Alaska, and no acts or laws passed by the Legisla-

ture of Alaska providing for a county form of government therein

shall have any force or effect until it shall be submitted to and ap-

proved by the affirmative action of Congress; and all laws passed,

or attempted to be passed, by such legislature in said Territory in-

consistent with the provisions of this section shall be null and void:

Provided further, That nothing herein contained shall be held to

abridge the right of the legislature to modify the qualifications of

electors by extending the elective franchise to women.

Legislative rules.

SEC. 10. rules, quorum, and majority.—That the senate and

house of representatives shall each choose its own officers, determine

the rules of its own proceedings not inconsistent with this Act, and

keep a journal of its proceedings; that the ayes and noes of the

members of either house on any question shall, at the request of one-

fifth of the members present, be entered upon the journal; that a

majority of the members to which, each house is entitled shall con-

stitute a quorum of such house for the conduct of business, of which

quorum a majority vote shall suffice; that a smaller number than a

quorum may adjourn, from day to day and compel the attendance of

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516 SIXTY-SECOND CONGRESS. sess. II. ch. 387. 1912.

absent members, in such manner and under such penalties as each

house may provide; that for the purpose of ascertaining whether

there is a quorum present the presiding officer shall count and report

the actual number of members present.

Legislators.

Restriction on hold-

ing office.

Federal officials in-

eligible.

SEC. 11. LEGISLATOR SHALL NOT HOLD OTHER OFFICE.—That no

member of the legislature shall hold or be appointed to any office

which has been created, or the salary or emoluments of which have

been increased, while he was a member, during the term for which he

was elected and for one year after the expiration of such term; and

no person holding a commission or appointment under the United

States shall be a member of the legislature or shall hold any office

under the government of said Territory.

Exemptions.

Proviso

Period of.

SEC. 12. EXEMPTIONS OF LEGISLATORS.—That no member of the

legislature shall be held to answer before any other tribunal for any

words uttered in the exercise of his legislative functions. That the

members of the legislature shall, in alt cases except treason, felony,

or breach of the peace, be privileged from arrest during their attend-

ance upon the sessions of the respective houses, and in going to and

returning from the same: Provided, That such privilege as to going and

returning shall not cover a period of more than ten days each way,

except in the second division, when it shall extend to twenty days

each way, and the fourth division to fifteen days each way.

Passage of laws.

Enrollment.

SEC. 13. PASSAGE OF LAWS.—That a bill in order to become a law

shall have three separate readings in each house, the final passage of

which in each house shall be by a majority vote of all the members

to which such house is entitled, taken by ayes and noes, and entered

upon its journal. That every bill, when passed by the house in which

it originated or in which amendments thereto shall have originated,

shall immediately be enrolled and certified by the presiding officer and

the clerk and sent to the other house for consideration.

Bills to be signed by

governor.

Veto power.

Passage over veto by

two-thirds vote.

Laws in effect with-

out signature.

SEC. 14. THE VETO POWER—That, except as herein provided, all

bills passed by the legislature shall, in order to be valid, be signed by

the governor. That every bill which shall have passed the legislature

shall be certified by the presiding officers and clerks of both houses,

and shall thereupon be presented to the governor. If he approves it,

he shall sign it and it shall become a law at the expiration of ninety

days thereafter, unless sooner given effect by a two-thirds vote of said

legislature. If the governor does not approve such bill, he may return

it, with his objections, to the legislature. He may veto any specific

item or items in any bill which appropriates money for specific pur-

poses, but shall veto other bills, if at all, only as a whole. That upon

the receipt of a veto message from the governor each house of the

legislature shall enter the same at large upon its journal and proceed

to reconsider such bill, or part of a bill, and again vote upon it by ayes

and noes, which shall be entered upon its Journal. If, after such

reconsideration, such bill or part of a bill shall be approved by a two-

thirds vote of all the members to which each house is entitled, it shall

'thereby become a law. That if the governor neither signs nor vetoes

a bill within three days (Sundays excepted) after it is delivered to

him, it shall become a law without his signature, unless the legislature

adjourns sine die prior to the expiration of such three days. If any

bill shall not be returned by the governor within three days (Sundays

excepted) after it shall have been presented to him, the same shall be

a law in like manner as if he had signed it, unless the legislature, by its

adjournment, prevents the return of the bill, in which case it shall not

be a law.

Annual appropria-

tion by Congress for

legislative expenses.

SEC. 15. PAYMENT OF LEGISLATIVE EXPENSES.—That there shall be

annually appropriated by Congress a sum sufficient to pay the salaries

of members and authorized employees of the Legislature of Alaska

the printing of the laws, and other incidental expenses thereof,

[page break]

SIXTY-SECOND CONGRESS. sess. II. ch. 387. 1912. 517

said sums shall be disbursed by the governor of Alaska, under sole

instructions from the Secretary of the Treasury, and he shall account

quarterly to the Secretary for the manner in which the said funds shall

have been expended; and no expenditure, to be paid out of money

appropriated by Congress, shall be made by the governor or by the

legislature for objects not authorized by the Acts of Congress making

the appropriations, nor beyond the sums thus appropriated for such

objects.

Transmission of ses-

sion laws.

SEC. 16. LAWS TRANSMITTED TO PRESIDENT AND PRINTED.—

That the governor of Alaska shall, within ninety days after the close

of each session of the Legislature of the Territory of Alaska, transmit

a correct copy of all the laws and resolutions passed by the said

legislature, certified to by the secretary of the Territory, with the

seal of the Territory attached; one copy to the President of the

United States, and one to the Secretary of State of the United States;

and the legislature shall make provisions for printing the session

laws and resolutions within ninety days after the close of each ses-

sion and for their distribution to public officials and sale to the people

of the Territory.

Delegates.

Time changed for

election of.

Vol. 34, p.170.

amended.

Provisos .

Legislature may

provide for filling va-

cancies.

Conduct of elections.

SEC. 17. ELECTION OF DELEGATES.—That after the year nine-

teen hundred and twelve the election for Delegate from the Territory

of Alaska, provided by An Act providing for the election of a. Dele-

gate to the House of Representatives from the Territory of Alaska,"

approved May seventh, nineteen hundred and six, shall be held on

the Tuesday next after the first Monday in November in the year

nineteen hundred and fourteen, and every second year thereafter on

the said Tuesday next after the first Monday in November, and all of

the provisions of the aforesaid Act shall continue to be in full force

and effect and shall apply to the said election in every respect as is

now provided for the election to be held in the month of August

therein: Provided, That the time for holding an election in said Ter-

ritory for Delegate in Alaska to the House of Representatives to fill

a vacancy, whether such vacancy is caused by failure to elect at the

time prescribed by law, or by the death, resignation, or incapacity of

a person elected, may be prescribed by an act passed by the Legisla-

ture of the Territory of Alaska: Provided further, That when such

election is held it shall be governed in every respect by the laws

passed by Congress governing such election.

Railroad commis-

sion created.

Composition of.

Scope of investiga-

tions to be made by.

Reports and recom-

mendations for de-

veloping resources.

Proviso.

Appropriation for

expenses.

SEC. 18. CREATING RAILROAD COMMISSION.—That an officer of the

Engineer Corps of the United States Army, a geologist in charge of

Alaska surveys, an officer in the Engineer Corps of the United States

Navy, and a civil engineer who has had practical experience in rail-

road construction and has not been connected with any railroad enter-

prise in said Territory be appointed by the President as a commission

hereby authorized and instructed to conduct an examination into the

transportation question in the Territory of Alaska; to examine rail-

road routes from the seaboard to the coal fields and to the interior

and navigable waterways; to secure surveys and other information

with respect to railroads, including cost of construction and operation

to obtain information in respect to the coal fields and their proximity

to railroad routes; and to make report of the facts to Congress on or

before the first day of December, nineteen hundred and twelve, or as

soon thereafter as may be practicable, together with their conclusions

and recommendations in respect to the best and most available routes

for railroads in Alaska which will develop the country and the

resources thereof for the use of the people of the United States:

Provided further, That the sum of twenty-five thousand dollars, or so

much thereof as may be necessary, is hereby appropriated, out of any

money in the Treasury not otherwise appropriated to defray the

expenses of said commission.

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518 SIXTY SECOND CONGRESS. sess. II. chs. 387, 388. 1912.

Law relating to

Alaska.

Compilation to be

made of all.

Appropriation.

SEC. 19. That the Committee on Territories of the Senate and the

Committee on Territories of the House of Representatives are hereby

authorized, empowered, and directed to jointly codify, compile, pub-

lish, and annotate all the laws of the United States applicable to the

Territory of Alaska, and said committees are jointly authorized to

employ such assistance as may be necessary for that purpose; and the

sum of five thousand dollars, or so much thereof as may be necessary

is hereby appropriated, out of any money in the Treasury not other-

wise appropriated, to cover the expenses of said work, which shall be

paid upon vouchers properly signed and approved by the chairmen

of said committees.

Territorial laws to

be submitted to

Congress.

Void if disapproved.

SEC. 20. LAWS SHALL BE SUBMITTED TO CONGRESS.—That all laws

passed by the Legislature of the Territory of Alaska shall be sub-

mitted to the Congress by the President of the United States, and, if

disapproved by Congress, they shall be null and of no effect.

Approved, August 24, 1912.

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