Constitutional Convention Minutes Day 1
CONSTITUTIONAL CONVENTION MINUTES OF THE DAILY PROCEEDINGS
ALASKA CONSTITUTIONAL CONVENTION
University of Alaska
Published by the
Alaska Legislative Council
Box 2199 Juneau, Alaska
ALASKA CONSTITUTIONAL CONVENTION
University of Alaska
TABLE OF CONTENTS
Preface and Certification
Page list of Delegates and Officers
Proceedings: November 8 -- December 12, 1955......... 1
Proceedings: December 13, 1955 -- January 9, 1956.... 774
Proceedings: January 10 - 16, 1956................... 1599
Proceedings: January 17 - 25, 1956................... 2358
Proceedings: January 26 -- February 6, 1956.......... 3168
I Enabling Legislation: Chapter 46, Session Laws of Alaska, 1955.
II Address: the Honorable E. L. Bartlett, Delegate to Congress (November 8, 1955)
III Address: the Honorable Ernest Gruening, former Governor of Alaska - 1939-1953 (November 9, 1955)
IV Address: the Honorable George H. Lehleitner, a private citizen of New Orleans, Louisiana (January 23, 1956)
V Committee Proposals and Commentary
VI Constitution of the State of Alaska
This is an official transcript of the daily proceedings of the Alaska Constitutional Convention held at College, Alaska, November 19, 1955 through February 6, 1956. The resulting Alaska State Constitution was ratified by the people of Alaska on April 24, 1956, and the constitution became operative effective January 3, 1959, the day on which the President of the United States issued the proclamation declaring Alaska to be a state of the Union.
The original transcript of the convention of 1955-56 was not completed in the months following the adjournment of the convention. The daily proceedings were recorded on tape and much of the material was transcribed as the convention progressed. However, the two copies of the transcript as far as it was completed (an original and carbon copy filed with the Secretary of Alaska and subsequently becoming the responsibility of the Secretary of State upon the attainment of statehood) were found to contain apparent errors in spelling and reference in addition to being incomplete.
The coming of statehood engendered considerable public and private interest in the minutes of the convention mainly to determine intent regarding articles and sections of the new constitution which are being implemented by the Legislature. Subsequent legal disputes involving the location of the capital and borough legislation also aroused interest in the contents of the minutes of the daily proceedings. With the cooperation of the Secretary of State, Hugh J. Wade, and the Executive Secretary of the Convention, Thomas B. Stewart, the staff of the Legislative Council proceeded to organize the materials on the constitutional convention which were available in order that some public access could be had to the action and thinking of the convention and the delegates. Certain areas of current interest were explored as questions arose, but the incompleteness of the record proved to be a continuing drawback. In 1962 the Legislative Council authorized the staff to proceed, with the assistance of a modest appropriation, to commence work on a complete transcript of the daily proceedings of the convention.
The Council was fortunate in having the services of persons familiar with the voices of the delegates and having a general awareness of the work of the convention and the materials used by the delegates and convention committees. The original partial transcript was checked against the tapes and corrections were made. The tapes which had not been transcribed were also audited and transcribed. Considerable cross-checking was done to correct spoken or written references to committee and delegate proposal numbers, the spoken Latin of attorneys, quotations from obscure sources, idiomatic usage, and so on. An attempt was also made to bring some uniformity to the format of the transcript. The editorial and auditing task was particularly tedious and consumed the most time since it was left mainly in the hands of one person eminently suited to the task. The typing and proofreading chores were shared by regular and temporary staff whenever this important but necessarily side project could be worked on along with regular duties. The duplicating task involving over 4,000 pages was also of necessity done in a catch-as-catch-can basis.
The legislative Council wishes to emphasize that this is an OFFICIAL transcript as certified by the President and Secretary of the Convention. It was the intention of the Council directing the initiation of the task that the transcript developed be a working tool for the user and the Council had practicing attorneys, legislators, judges and research persons in mind. As with an Act of the Legislature where the enrolled bill is the official version until a codification is adopted as law, the transcript remains evidence of the work of the convention and the official tapes the final work on what transpired. It was the intention of the Council to provide a basic service by offering an official rendition of the transcript of daily proceedings of the convention for distribution to the delegates of the convention, the research facilities of the court and public libraries of the state, and to have sufficient copies on hand for the use of delegates at future constitutional conventions. The transcript is public property and it was the feeling of the Council that the transcript may be used by any group or firm wishing to publish it on a commercial basis at a future date.
The Council has in its legislative reference library files all the convention materials which could be found. Those which are not found in the proceedings and appendices are open to anyone doing research. In time, with use of the transcript, a general index can be developed which will go further than the general reference to where the major subjects were discussed provided in Appendix V.
From the experience gained in handling the convention materials it can be recommended that those making administrative provision for the next constitutional convention make provision for the expeditious handling of the convention records. It is suggested that the verbatim proceedings be transcribed from recording tapes within 48 hours after the adjournment of each daily session and typed in final form for bulk duplication. It is also recommended that committee reports include detailed reasons for each recommendation. All documents and transcripts should be duplicated by the multilith or similar process and permanent sets for delegates, the state archives, and public libraries should be bound and distributed as soon after the convention as possible.
In addition to the Secretary of State, Mr. Wade and Mr. Stewart, now Administrative Director of Courts, both of whom are mentioned above, the undersigned is indebted to Mrs. Nadine Williams, who edited the bulk of the transcript of the proceedings, Mrs. Katherine D. Nordale, a delegate to the convention, for her collating of convention materials and advising on a multitude of problems, Mrs. Irene E. Cashen for both typing and editorial work; and Violet Dapcevich, Marjory Hutzer and Henrietta Power of the regular Council staff who almost made a part-time career of typing, checking, organizing and proofreading the final transcript.
JOHN C. DOYLE
ALASKA CONSTITUTIONAL CONVENTION
University of Alaska
We, the president and secretary of the Alaska Constitutional Convention of 1955-1956, do certify that the minutes of the daily proceedings of the convention, as prepared by the Alaska Legislative Council, are a faithful and correct transcript of the official magnetic-tape records of all the plenary sessions of the convention, as authorized and directed to be recorded by action of the convention and which tapes are now permanently held in the custody of the Secretary of the State of Alaska. We further certify that the committee reports and commentaries attached to these minutes are faithful and correct copies of these materials as originally reported to the assembled convention by its several committees. The records as described in this certificate are the official records of the convention whose delegates agreed upon the Constitution of the State of Alaska at the University of Alaska on the fifth day of February, 1956.
WILLIAM A. EGAN
President of the Convention
THOMAS B. STEWART
Secretary of the Convention
Signed and the Seal of the
State of Alaska affixed this
(seal) 14th day of May, 1965.
HUGH J. WADE
Secretary of State
ALASKA CONSTITUTIONAL CONVENTION
University of Alaska
DELEGATES AND OFFICERS
WILLIAM A. EGAN -- President
FRANK PERATROVICH -- First Vice President
RALPH J. RIVERS -- Second Vice President
MILDRED R. HERMANN - Temporary President
THOMAS B. STEWART -- Secretary
KATHERINE T. ALEXANDER -- Chief Clerk
Alaska Place of Date of
Delegate Home Resident Birth Birth Since
Armstrong, R. Rolland Juneau 1940 Pennsylvania 1910
Awes, Dorothy J. Anchorage 1945 Minnesota 1918
Barr, Frank Fairbanks 1932 Illinois 1903
Boswell, John C. Fairbanks 1926 Oregon 1905
Buckalew, Seaborn J. Anchorage 1950 Texas 1920
Coghill, John B. Nenana 1925 Alaska 1925
Collins, E. B. Fairbanks 1904 Indiana 1873
Cooper, George D. Fairbanks 1949 Colorado 1923
Cross, John M. Kotzebue 1934 Kansas 1895
Davis, Edward V. Anchorage 1939 Idaho 1910
Doogan, James P. Fairbanks 1914 Alaska 1914
Egan, William A. Valdez 1914 Alaska 1914
Emberg, Truman C. Dillingham 1935 Minnesota 1909
Fischer, Mrs. E.A. (Helen) Anchorage 1905 Washington 1905
Alaska Place of Date of
Delegate Home Resident Birth Birth Since
Fischer, Victor Anchorage 1950 Germany 1924
Gray, Douglas Douglas 1912 Montana 1908
Harris, Thomas C. Valdez 1950 Oklahoma 1926
Hellenthal, John S. Anchorage 1915 Alaska 1915
Hermann, Mildred R. Juneau 1919 Indiana 1891
Hilscher, Herb Anchorage 1906 Washington 1902
Hinckel, Jack Kodiak 1922 Massachusetts 1901
Hurley, James Palmer 1933 California 1915
Johnson, Maurice T. Fairbanks 1937 Minnesota 1901
Kilcher, Yule F. Homer 1936 Switzerland 1913
King, Leonard H. Haines 1920 Michigan 1901
Knight, William W. Sitka 1919 England 1889
Laws, W. W. Nome 1935 Washington 1884
Lee, Eldor R. Petersburg 1920 Alaska 1920
Londborg, Maynard D. Unalakleet 1946 Nebraska 1921
McCutcheon, Steve Anchorage 1911 Alaska 1911
McLaughlin, George W. Anchorage 1949 New York 1914
McNealy, Robert J. Fairbanks 1940 Nebraska 1907
McNees, John A. Nome 1942 Idaho 1917
Marston, M. R. Anchorage 1941 Washington 1900
Metcalf, Irwin L. Seward 1927 Washington 1908
Nerland, Leslie Fairbanks 1930 Yukon Territory 1902
Nolan, James Wrangell 1920 Massachusetts 1901
Alaska Place of Date of
Delegate Home Resident Birth Birth
Nordale, Katherine D. Juneau 1925 Washington 1902
Peratrovich, Frank Klawock 1895 Alaska 1895
Poulsen, Chris Anchorage 1933 Denmark 1904
Reader, Peter L. Nome 1934 North Dakota 1913
Riley, Burke Haines 1938 Montana 1914
Rivers, Ralph J. Fairbanks 1906 Washington 1903
Rivers, Victor C. Anchorage 1906 Washington 1905
Robertson, R. E. Juneau 1906 Iowa 1885
Rosswog, John H. Cordova 1905 Washington 1904
Smith, W. O. Ketchikan 1932 New Mexico 1907
Stewart, B. D. Sitka 1910 Montana 1878
Sundborg, George Juneau 1938 California 1913
Sweeney, Dora M. Juneau 1907 Minnesota 1907
Taylor, Warren A. Fairbanks 1909 Washington 1891
VanderLeest, H. R. Juneau 1908 Michigan 1882
Walsh, M. J. Nome 1905 Ireland 1882
White, Barrie M. Anchorage 1947 New York 1923
Wien, Ada B. Fairbanks 1907 Alaska 1907
ALASKA CONSTITUTIONAL CONVENTION
Proceedings: November 8 -- December 12, 1955
ALASKA LEGISLATIVE COUNCIL
Box 2199 -- Juneau, Alaska
ALASKA CONSTITUTIONAL CONVENTION
November 8, 1955
Presentation of the Colors
GOVERNOR B. FRANK HEINTZLEMAN: The hour appointed by the Alaska Territorial Legislature having arrived for the convening of the Alaska Constitutional Convention, I do accordingly, as Governor of this Territory, call the Convention to order. It is appropriate that those to whom so much has been entrusted by our voters call upon God for the guidance at the outset of their task. It is my privilege at this time to present the Reverend Roy Ahmoagak of Wainwright, Alaska, who will offer an invocatory prayer.
THE REVEREND ROY AHMOAGAK: Let us unite in prayer. Almighty and Everlasting God, who by Thy providence didst lead our forefathers to this good land wherein they found liberty and freedom to worship Thee, we beseech Thee ever to guide our nation in the way of Thy truth and peace so that we may never fail in the blessing which Thou has promised to that people whose God is the Lord. Grant, we beseech Thee, unto our Governor, and to those men who sit with him in authority, Thy gracious presence and blessing. Enlighten them with wisdom from above and especially in establishing our Constitution. May we ever seek to comply with Thy requirements, and what does the Lord require of you but "to do justice, and to love kindness, and to walk humbly with Thy God." Deliver us, our Father from error, pride and prejudice, and so order all these doings here that Thy kingdom may be advanced. Hear this our prayer, 0 God, and may what is accomplished in these meetings be in accordance with Thy Holy will. For we ask these things in the name of our Lord and Saviour Jesus Christ.
MCNEALY: I move, "RESOLVED that the reading of the certificate of election of the respective delegates be dispensed with and that the certificate of the Secretary of Alaska as to their election be accepted in lieu thereof.
FURTHER RESOLVED, that each delegate who has answered the roll call and whose name appears on the certificate of the Secretary of Alaska take and subscribe an oath or affirmation of office to be administered by the Honorable Vernon D. Forbes, Judge of the United States District Court of Alaska, Fourth Division, and that each delegate so sworn shall be deemed to have been duly seated." I ask unanimous consent.
GOVERNOR HEINTZLEMAN: I thank you. Without objection it is so ordered. Pursuant to the authority invested to me as Governor of the Territory, I would now like to appoint Mr. John B. Hall, Clerk of the Court, Fourth Division, to act as the temporary secretary until the delegates are sworn in and.the officers can be elected for the Convention. It has just been said that we will dispense with the reading of the certificates that come out of the office of the Secretary of Alaska showing the Convention returns. Now we would like to have a roll call of the delegates to see which of those are present.
(Temporary Secretary Hall called the roll.)
HALL: Mr. Chairman, the roll has been called. There are fifty-three delegates present and two absent -- Frank Barr and Frank Peratrovich being absent.
GOVERNOR HEINTZLEMAN: Thank you, Mr. Hall. I declare a quorum of the elected delegates present. Will the delegates now stand and be sworn in by the Honorable Vernon D. Forbes, United States District Judge for the Fourth Division of Alaska. (Delegates stood.)
JUDGE VERNON D. FORBES: You and each of you do solemnly swear or affirm that you are not a member of the Communist party or any subversive parties or affiliated with such parties, that you do not believe in, are not a member of nor do you support any organization that believes in or teaches the overthrow of the United States Government by force or by any illegal or unconstitutional method, that you will defend and support the Constitution of the United States and perform all the duties of the office or position on which you are about to enter and therein do equal right and justice to all men, so help you God?
DELEGATES: I do.
GOVERNOR HEINTZLEMAN: Will each of the delegates now kindly sign the form of oath of office which you will find on your desk and give them to the temporary Secretary. Has each of the delegates signed his oath of office? If so, I think it would be appropriate at this time for the Governor of the Territory to make a few remarks to the delegates. After this short address we will have some addresses of welcome from people in this section of Alaska.
Address by Governor Heintzleman (This was a prepared address.) (applause)
GOVERNOR HEINTZLEMAN: We are now to have the privilege of listening to addresses of welcome from a number of men here on the stage and I would like to call first on the President of our University, Dr. Ernest N. Patty. Dr. Patty. (applause)
DR. PATTY: Governor Heintzleman, honored guests, honored Delegates, ladies and gentlemen. We all say that this is a historic occasion, but we are probably too close to the drama to really appreciate how historic it is. Your University welcomes you here, and while you are on the campus I hope our friendship will shine through and that our staff is successful in anticipating your needs. We are proud to have you here, and we are confident that when your final clause is written that your work will stand as one of the finest state constitutions ever shaped. Thank you. (applause)
GOVERNOR HEINTZLEMAN: Thank you very much, Dr. Patty. I would like to call on a young man who will speak on behalf of the associated students of the University of Alaska, Mr. Kenneth Carson, president of the Student Body.
KENNETH CARSON: Governor Heintzleman, Delegates and guests. Later today the distinguished delegates before us will be given a gift by my fellow students -- a college year book. It is hoped that with this glimpse into student and faculty life, the delegates may view both the progress and potential of our growing University. You can see the progress all about you. As you walk through the hall of new buildings you can see the potential, I think and when you talk to our faculty or our students who come from all parts of the world. On this campus you will find professors from India, Austria, Russia and Japan. You will find students from France, South America, Canada and from almost every State in the Union. This University is preparing these young men and women for work and study in Alaska and in other countries where they will be our representatives to the world. Alaska is rapidly taking its rightful place as a leader among northern states and countries. Every day while the world grows smaller and more crowded Alaska is becoming ever more important. It is an international crossroads for northern commerce and science. Therefore, we all should realize that now is the proper time for Alaska to become a state and for us to govern ourselves. Today we are students but tomorrow we hope to be citizens of the State of Alaska and with this thought in mind we sincerely welcome you, you who will build a solid foundation upon which a state government must stand. (applause)
GOVERNOR HEINTZLEMAN: Thank you, Mr. Carson. Now we have the privilege of listening to the Mayor of the city of Fairbanks, the Honorable Douglas G. Preston. (applause)
MAYOR PRESTON: Governor Heintzleman, Delegate Bartlett, distinguished Delegates, ladies and gentlemen. I consider it at this time a special privilege to be Mayor of Fairbanks. Many of you I know, all of you I hope to know. I could not help thinking back seeing this distinguished gathering here, to 1923 when the Alaska Agricultural College and School of Mines graduated one student. It has come a long way since then. It is not my purpose at this time to make a speech, but I have the privilege of conveying to you a warm welcome from the people of Fairbanks. Our hopes, our hearts and our prayers are with you in your important undertaking. (applause)
GOVERNOR HEINTZLEMAN: Thank you, Mayor Preston. Ladies and gentlemen of the Convention, under the procedure established by Section 13, Chapter 46, SLA 1955, the Governor of Alaska is to preside over the Constitutional Convention until temporary officers are elected. The time has now arrived for the election of temporary officers, and I now call for nominations for the office of Secretary Pro Tem of the Convention.
V. RIVERS: At this time it gives me great pleasure to place in nomination the name of a fellow delegate, one who has long been a stout advocate of statehood, one who has worked earnestly, not only for the efforts of all the people of Alaska, as a Territory but also worked towards the goal for final statehood. One whose name has stood out in the efforts in government and social life, civic life, it gives me pleasure to place in nomination, for Chairman Pro Tem, the name of Delegate Mildred Hermann.
GOVERNOR HEINTZLEMAN: Are there any other nominations?
ROSSWOG: Governor Heintzleman and fellow delegates I would like to place in nomination the name of a man from my Division who is known all over Alaska. He has served faithfully in the Legislature of the Territory, and I am sure that all of you who know him, know of his sincerity, his impartiality and his honesty. I would like to place the name of Senator William Egan of Valdez for the temporary chairmanship of this Convention.
GOVERNOR HEINTZLEMAN: Are we voting on temporary chairmanship or secretary?
ROSSWOG: We understood that we were placing in nomination names for temporary chairman.
GOVERNOR HEINTZLEMAN: Let's all be clear on what office and who we are nominating for.
HELLENTHAL: It was suggested by members of the Statehood Committee that the temporary president be chosen by a vote of at least twenty-six delegates by a call of the roll, each delegate rising in his place as his name is called and stating his choice, and I so move.
GOVERNOR HEINTZLEMAN: All right. Will you call the roll?
R. RIVERS: I have not heard any motion to close the nominations. I move the nominations be closed and ask unanimous consent
GOVERNOR HEINTZLEMAN: Are we talking about the secretary?
R. RIVERS: I'm talking about the temporary president.
SWEENEY: Mr. Chairman, will you clarify the nomination made by Delegate Rosswog in which he named Mr. Egan. I would like to hear to what position Mr. Rosswog has nominated Mr. Egan, that I might be clear.
ROSSWOG: I nominated him as temporary chairman.
GOVERNOR HEINTZLEMAN: The suggestion was that we call the roll? I would like to vote on the motion to close the nominations.
UNIDENTIFIED DELEGATE: Mr. Governor, before you call the roll on this balloting I would like to hear from the records the position that we are actually balloting upon. I understood that you said one thing, some members seem to feel you said something else. The secretary will have your original statement.
GOVERNOR HEINTZLEMAN: I thought I asked for nominations for secretary pro tem. That right or did I not?
UNIDENTIFIED DELEGATE: Mr. Governor, I did hear you and you did call for nominations for temporary secretary but I am sure the delegates who spoke immediately thereafter assumed that they were not for temporary chairman. I ask unanimous consent that we proceed on that basis and let the record be corrected to show that the nominations which have been made have been for the position of temporary chairman.
GOVERNOR HEINTZLEMAN: That will be all right with me. I thought I had said secretary. Now who is in nomination? Mrs. Hermann, Mr. Egan. Just those two? You've got that Mr. Hall? Will you call the roll?
(At this time Mr. John Hall called the roll with the following result:
HERMANN: 30 Armstrong, Awes, Boswell, Coghill, Collins, Cooper, Cross, Gray, Hilscher, Johnson, King, Lee, Londborg, McCutcheon, McLaughlin, McNealy, McNees, Marston, Nerland, Nolan, Reader, Riley, Rivers, Robertson, Stewart, Smith, Sundborg, Taylor, White, Wien.
EGAN: 22 Buckalew, Davis, Doogan, Egan, Emberg, Helen Fischer, Victor Fischer, Harris, Hellenthal, Hinckel, Hurley, Kilcher, Knight, Laws, Metcalf, Nordale, Poulsen, Ralph Rivers, Rosswog, Sweeney, VanderLeest, Walsh.
Absent: 2 Barr, Peratrovich.
Not voting: 1 Hermann.)
MR. HALL: Mr. President, I find that Mildred Hermann received 30 votes, William Egan, 22, two delegates absent and one not voting, sir.
GOVERNOR HEINTZLEMAN: Thank you.
EGAN: Mr. Chairman, I would like to move and ask unanimous consent that the record show that a unanimous ballot was given for Mrs. Hermann.
GOVERNOR HEINTZLEMAN: If there is no objection, it will be so ordered. The time has come now, of course, to appoint a temporary secretary pro tem. I wonder if there would be any objection to our asking Mr. Hall to serve in that capacity to save time. Any objection to that Mr. Hall?
R. RIVERS: The temporary secretary might have to come back tomorrow.
GOVERNOR HEINTZLEMAN: We might find out from Mr. Hall if he wants to go along with us.
MR. HALL: I am pretty sure with Judge Forbes right here that he has no alternative but to say that it is okay with him. (applause and laughter)
KNIGHT: Mr. Governor, I move and ask unanimous consent that Mr. Hall continue to act as Secretary.
GOVERNOR HEINTZLEMAN: You have heard the motion that Mr. Hall continue to act as Secretary. If there is no objection it is so ordered.
Mrs. Hermann has by the vote of this Convention been elected as temporary president. I will now appoint Mr. E. B. Collins, R. Rolland Armstrong and W. W. Laws to escort the temporary president to the Chair. (applause) (Mrs. Hermann was then escorted to the Chair.) Mrs. Hermann, I wish to congratulate you upon your election to the office of temporary president of the Convention. It gives me great pleasure to hand you this gavel and to turn over to you further conduct of the proceedings.
MRS. HERMANN: I suppose I should make a little "bang" to express the symbol of my authority and my appreciation of the honor, as well as my wonder if it is a concession to a minority group. At this time we have to hear from the Delegate of Alaska on the subject "Meeting the Challenge." Mr. Bartlett. (applause)
DELEGATE BARTLETT: Mrs. Hermann, Governor Heintzleman, President Patty, Chairman Attwood, distinguished guests, citizens of the great state to be...
(Delegate Bartlett delivered a prepared address.) (applause)
MRS. HERMANN: Thank you, Mr. Bartlett, for your very fine address. We will now hear the honorable Ernest Gruening, former governor of Alaska. (Applause and standing ovation)
ERNEST GRUENING: Madam Chairman, Governor Heintzleman, Delegate Bartlett, Delegates to the Constitutional Convention and friends, as I appear to be scheduled for a somewhat lengthy address in tomorrow's session, I am sensitive to the fact that there is a prohibition in our Constitution against exposing people to double jeopardy. I think, therefore, my remarks should be brief and informal. Many people will say, and it's obvious -- that this is an extremely important occasion. To me perhaps its greatest importance arises from the fact that it is the first occasion which is wholly of, for and, most important, by the people of Alaska. If there has been one important ingredient missing in our eighty-eight years as a district, as a territory, it is that little proposition "by." Many things have been done for us; even more things have been done to us, but very little have we been permitted to do by us. There are a number of inspired actions that accompanied the creation of this Convention. Perhaps the most was selecting the University of Alaska as a site for holding it. A University is really the keeper of the soul of a modern society and if this Convention does not have and will not have a high inspirational quality it will not succeed. But it has that inspirational quality, and it will succeed. I recall that that thought is voiced in the anthem of my own Alma Mater, our oldest university, and as the graduates leave to go into the world they sing that anthem, "Fair Harvard", and one of its verses says, "Thou were our mother, the nurse of our souls, we were moulded to manhood by thee; and freighted with treasures, with love and with hopes, thou did launch us on destiny's sea." I think the University will play a part in launching Alaska on destiny's sea as a state. When we consider what we are doing here this basic exercise in self-determination, we must always bear in mind that America, the land we love, is not just a geographic area. We are rather aware of that in Alaska. We sometimes question whether we are part of America. It is not a collection of physical features; it is not our great natural resources. It is the common adherence to a basic idea -- perhaps the greatest idea that was ever profounded on earth since the promulgation of the golden rule and democracy is nothing but an extension of the golden rule to the great society. True, democracy cannot depart far from the golden rule. It's its essence. Alaska has a great, great, destiny. We are here situated by geography and by history in our farthest north and our farthest west in a unique position to achieve that destiny. We were formerly part of a country which today under changed government represents the antithesis of everything that we believe in and of everything we hold dear. We have a geographic juxtaposition to that area. We can see it from our mainland with the naked eye. What a challenge then to create in these far northern latitudes a shining and eternal example of what we want to call the American way of life, to make Alaska not merely a bulwark defense for the whole hemisphere, for the free world, but a spiritual citadel of the American idea. It can only be done by the application to Alaska of basic American principles, the most basic of which is government by consent of the government. So you have here a thrilling opportunity, and I know you will live up to it. May God bless this undertaking; may it prosper and may we move forward to become an integral part of the great American dream. I thank you. (applause)
MRS. HERMANN: It gives me particular pleasure to introduce the next speaker, since it has been my privilege for the past six years to work with him very closely on a Territorial agency that has had a great deal to do with taking the initial steps toward having this Convention get off to a good start. It gives me great pleasure at this time to introduce Mr. Robert B. Atwood, Chairman of the Alaska Statehood Committee. (applause)
MR. ATWOOD: Madam Chairman, Governor Heintzleman, distinguished guests and ladies and gentlemen of the Convention. You are about to write a document that will be much more than a framework for the state government of Alaska. The document you write will be, can and should be a compelling new argument for statehood itself. The first use your product will be put to will be in the nature of salesmanship. It must be presented to the people of Alaska, sort of as a list of specifications as a thing they have already decided they want to buy. They will scrutinize it as they would a warranty deed if they were purchasing a piece of property or a guarantee if it's a manufactured item. If they like it they will buy it. But remember, they don't have to buy it. They are not obligated that way. This is a custom job you have on your hands. It's to be built and it must please the customer. The second use for this document will also be of a nature of salesmanship. It will be presented to the highest federal officials of the land, including the members of Congress in connection with legislation to admit Alaska as a state. And again it will be scrutinized as a list of specifications or a warranty deed or a guarantee. This document, once it is backed with ratification of the people, must be real and indisputable proof that Alaskans are ready, able and willing to undertake all the responsibilities of self government. In looking toward the day when the duly elected representatives of the people of Alaska would gather to write a constitution, the legislature had foresight. In 1949, when they were creating the Alaska Statehood Committee, the members of that Legislature anticipated that there would be a need for certain information and materials to be available to the delegates, so that they would have a good chance for success. They gave the assignment to gather this information and materials to the Alaska Statehood Committee and as Chairman I am pleased to report to you that the Committee has done well. The material is included principally in three volumes which will or have been presented to you. We hope the discussions in these volumes will be helpful as guides as you contemplate the technical problems, the fundamental principles that are involved in writing a basic document for state government. Throughout the years of effort and study that have gone into this statehood movement, it became current quite awhile ago that the best advice would be none too good. We found that the record of experiences of the forty-eight states is replete with failures as well as successes. Much of the greatness of the United States lies in the principles exemplified in the rights of states but also much of the confusion, many of the dismaying features of government in the states and within the states stem from the failure of the people to write a flexible document that will withstand the changes of time. Now, as the previous speakers have mentioned and as Alaskans have mentioned frequently and as many of you have mentioned, it is well known that Alaskans want all of the successes and all of the basic principles that have made this nation great, written into their constitution, perpetuated there and enlarged and expanded, and we all know they want none of the failures that have lead to clumsy, inefficient, costly and complicated government. They don't want duplications and unwise restrictions and all the other abhorrent developments that come from an inflexible constitution. Now the question before the Statehood Committee was how can we render the best service to Alaska and the delegates in gathering this information? We sought advice in many places. We came to the conclusion that it was necessary to have a careful study of the experiences of the forty-eight states, the failures as well as the successes. We found that many governmental units are making such studies, states, counties and cities looking toward the revision of their constitutions, their charters, their laws, their administrative procedures, and we have also found that these units quite commonly employ professional organizations to do the research work and gather their material. In studying that we found that one of these organizations was outstanding. It was outstanding in its record of achievement; it was outstanding in its experience throughout the nation and in other countries and it is outstanding in reputation. This was the Public Administration Service with headquarters in Chicago, a non-profit organization that works in close association with the Council of State Governments and the Governor's Conference. In 1955 the Legislature appropriated funds so that we could enter into a contract with Public Administration Service and these three volumes that I have mentioned are the result of their studies. They are presented to you not to tell you what to write into a constitution but to bring you a summary of these experiences of the forty-eight states and discussions of the principles that are found sound so that you may decide which ones you want to adapt to the Constitution of Alaska. Now in addition to these studies by Public Administration Service, we have taken certain other steps. We have gathered information on the rules that have been used at other constitutional conventions and information on the organization that they have. We have gathered a portfolio on the Hawaiian Constitutional Convention, our sister territory, the most recent convention that has been held. We also have in it some rather intimate details of some of the weaknesses as well as the strong points of their systems. Now these things we thought you would like to have available in case you want to draw upon them in establishing your own rules, setting up your own organization, your system for operating, your committees and such. Now I have been using the pronoun plural "we" quite frequently, and I might point out that Mark Twain said there are two categories of people who can use the plural pronoun "we." One is the editorial writer and the other is a man with a tape worm. (laughter) I would like to add a third category and that is a chairman trying to report in behalf of a committee. Now, we have interviewed the nation's prominent authorities in the field of political science and have arranged to have them available for consultation here with you at the University of Alaska if you so desire and if you choose to invite them. We have other preparatory measures and files and documents. We are especially proud in all this work of the work of our executive officer -- Thomas B. Stewart who has performed his work so enthusiastically and so successfully. He has exceeded the fondest expectations of the Committee members. We have also arranged to have a Public Administration Service staff member here for consultation as you may wish, and other members who have been engaged in the Alaska study can be brought here if you so desire. Incidentally, we had a little difficulty with that. Dr. Joseph Molkup, whom many of you have met, suffered a broken leg in Juneau just before he was leaving for Fairbanks and couldn't come. We had John Corcoran, another key man in the Public Administration Service organization here to carry on and last week he was taken seriously ill and is now in the hospital. But Public Administration Service never lets us down. The headquarters in Chicago called upon Dr. Emile Sady, a member of their staff who was in Washington D. C., to be here and he is here with us and will remain at your service throughout the Convention barring broken legs and other things. Our last item in arranging was to have Alaska's greatest leader in the statehood movement come here to address you tomorrow with a keynote address. He will have a message that we hope will be heard around the world. We know it will be an enduring document in the statehood movement. We trust it will be inspiring and informative for you. Now, ladies and gentlemen, this ceremony is nearing a close. You have been duly convened. The roll has been called. The quorum is present. You have had warm receptions from the hosts. This is the kick-off. The ball is in the air, and it is about to fall in your hands, and you are the ones who are going to have to run with it. We all wish you Godspeed as you follow a course that certainly is no primrose path. Every good Alaskan stands at your service ready to come up with any help they can and they want you to have to write a document that will survive the.three most rigid tests imaginable. First, the test of the people who sent you here who must approve it by vote and ratification. Second, the approval. of Congress who must accept it as a sound basic document upon which to build a state government and third, that everlasting test that comes when the document is placed into operation as the highest law of the land. Then we will see how the work of this Convention stands through the changes that we all want to come and try to bring faster in Alaska. Thank you. (applause)
MRS. HERMANN: Thank you, Mr. Atwood. Dean Hosley, do you have an announcement of any sort you want to make with regard to the luncheon?
DEAN HOSLEY: The only announcement is that luncheon will be available to anyone who wants to get it at the new cafeteria in the Student Union Building. We have not known until at least last night whether we would have it ready for you but I understand from Dr. Patty that it will be available. Thank you. (applause)
MRS. HERMANN: Mr. Davis?
DAVIS: Madam President, I offer the following resolution: "RESOLVED, that the temporary president appoint a temporary Committee on Rules of nine delegates, who shall promptly prepare and report to the Convention its recommendations for temporary rules for the Convention, including special rules for the. election of permanent officers of the Convention."
TAYLOR: I second the motion.
MRS. HERMANN: It has been moved and seconded that the president appoint a Committee on Rules as provided by Mr. Davis's resolution. Is there discussion on the matter?
R. RIVERS: I ask unanimous consent.
MRS. HERMANN: Now we ask unanimous consent that the Committee be appointed. Without objection that will be done. Is it your idea, Mr. Davis, that we appoint this Committee right now or at a later time?
DAVIS: Madam Chairman, I would leave that up to the pleasure of the Chair.
HILSCHER: Madam President, I would like to offer a resolution that has some bearing on this particular question. "RESOLVED, that the Convention hereby express its appreciation of the facilities made available by the University of Alaska." Now if the Convention would like to hold this over until whether we see if Dr. Patty is finished with his luncheon facilities over there. (laughter) I think for the time being we just might state to the University that the Convention hereby expresses its appreciation of the facilities made available by the University.
MRS. HERMANN: I really am a little startled at this request to appoint a Committee on Rules coming out of thin air. I'm even startled that I'm up here in front of you entertaining any requests and having that one come is a little bit surprising. I would like to appoint the Committee, but I would like to have a little more time to consider just who will be available for the committee and who will probably be best for the committee. If that is agreeable to the Convention that will be the position taken. Immediately following the luncheon there will be available for distribution to all delegates a handbook for delegates and study materials in the Convention Message Center on the top floor of the Student Union Building. The handbook, which Mr. Atwood mentioned in his talk, covers the procedure of operations in getting organized and getting started on your work and every member of the Convention should have it in his possession. I am to remind the delegates to return for pictures but it doesn't say when and perhaps it means immediately after that luncheon. Did you have some time? To remain then for pictures.
STEWART: Immediately after the recessional.
MRS. HERMANN: Yes, after the recessional. I would rather eat than recede. (laughter)
JOHNSON: Madam President, I have been requested to submit the following resolution: "RESOLVED, that in order to facilitate the recording of these proceedings, no Delegate speak unless he or she is recognized by name by the Chairman, and no Delegate speak unless he or she does so from a microphone." I move the adoption of the resolution.
MRS. HERMANN: You mean at this temporary meeting, not at the regular session? The motion has been made that the resolution be adopted. Is there a second?
KILCHER: I object. Madam Chairman, I would like to have the technical necessity of this resolution explained in more detail.
MRS. HERMANN: There has been no second to the resolution as yet, Mr. Kilcher. Without a second the resolution is not considered. I am a little bit uncertain how I am going to get the show on the road for the rest of the way. Do we have the benediction before we have a motion to adjourn or do we have a motion to adjourn before we have the benediction? In that respect I would like to have -- we still have some more music of course but I want to get organized so we do this right. We have next the selection, "The Alaska Flag Song". We have Miss Lorraine Donoghue at the James E. Barrack Memorial Carillon. Now what do I do?
UNIDENTIFIED DELEGATE: She'll hear you over the microphone. She's listening over there.
MRS. HERMANN: We will now have the rendition of "The Alaska Flag Song". Miss Lorraine Donoghue at the James E. Barrack Memorial Carillon.
DR. PATTY: There has been a slight accident with the carillon, so we'll have to skip that this morning. I'm very sorry because we've used it before and it's very very effective and just as they started to play the carillon something happened, so we'll have to skip that. You'll have plenty of chance, particularly the delegates, to hear the carillon playing.
RILEY: Madam Chairman, I ask unanimous consent that following the benediction we stand at recess until 3 o'clock in order to give the Chair an opportunity to decide upon a temporary Rules Committee and to appoint that Committee at that time.
MRS. HERMANN: Unanimous consent is asked that following benediction, we adjourn until 3 o'clock this afternoon in order to give the chairman opportunity to appoint the Rules Committee in accordance with Mr. Davis' Resolution. Is there objection?
R. RIVERS: I object for the time being. Many of us would not be coming back for anything at 3 o'clock except to hear the announcement of that Committee. As I understand it we would then adjourn until tomorrow morning. Many of us would rather go to town instead of waiting here until 3 o'clock to hear you announce that Committee. I suppose it would take until about two though to have our luncheon and get acquainted so I would amend that to 2 o'clock instead of 3 o'clock.
RILEY: That suits me.
MRS. HERMANN: The request has been amended to make the hour 2 instead of 3. Without objection that will be the order, and the Convention will stand adjourned until 2 o'clock following the benediction. We will now have the benediction.
FATHER GEORGE BOILEAU, S.J.: Let us pray, May the wisdom of God guide you during these coming days. May the humility, the justice and the charity of Christ give you courage and patience to fulfil your work at hand. May the work of your hands and your mind and your hearts prove to be a salvation for each individual an honor to our statehood and a glory to God. May then the blessing of Almighty God descend upon you and remain now and forever. Amen.
MRS. HERMANN: The Assembly will stand at recess until 2 o'clock.
RECESS (12:05 p.m.)
MRS. HERMANN: The meeting will please come to order (2 p.m.). The first business to be taken up at this time is the announcement of the Committee on Rules which has been selected by the Chair during the noon hour. The members of that Committee will be Chairman, Mr. Riley, Mr. George Sundborg, Mr. Walsh, Mr. McNees, Mr. McCutcheon, Mr. Davis, Mr. Nerland, Mr. Ralph Rivers, and Miss Dorothy Awes. Now is there any business other than this to come before the meeting at this time?
R. RIVERS: May those be read slowly so that we can write them down?
(Mrs. Hermann repeated the names of the Committee on Rules.)
MRS. HERMANN: Is there any further business to come before the meeting? If not, I am asked to announce that we must make arrangements for your transportation out here tomorrow. The bus service which was provided today was provided by the Alaska Statehood Committee in conformity with its duties to get the show on the road and getting everybody here on time. Now, further responsibility for bus transportation is the function of the Convention itself, and in the event that you want to have the bus ready to bring you out here again tomorrow, we should have some action on the part of the Convention body.
V. RIVERS: I will move and ask unanimous consent that we contact the bus service for similar service tomorrow until we get our permanent Rules Committee in an agreement with them. I ask unanimous consent.
MRS. HERMANN: Unanimous consent has been asked that the Convention make arrangements for the charter of the bus tomorrow under the same conditions that it was chartered today by the Statehood Committee.
TAYLOR: Mrs. Chairman, I believe at the Executive Committee of the Statehood Committee recently, a representative of the bus company was there, that is, he was representing the bus company. In connection with his duties, I think he was being employed by Mr. Stewart and he said that arrangements had been made for bus service every day from the Nordale Hotel to the Convention.
MRS. HERMANN: I think you're right Mr. Taylor, about us discussing it. The question that arises is. is it the Convention's responsibility or the Statehood Committee's responsibility from now on to pay for it.
TAYLOR: Well, that's not my statement. I mean Mr. Preston, who appeared there remember, he said that the bus service would be available.
MRS. HERMANN: The service will be available at the same hour at the same place tomorrow morning, but we do want it authorized by the Convention instead of leaving it in the hands of the Statehood Committee and Mr. Rivers has asked unanimous consent that that authorization by the Committee be given. Is there any objection?
TAYLOR: Mine were remarks and not an objection.
R. RIVERS: No objection but I want a clarification. Will they be operating with the delegates putting fifty cents in the slot or will we all get aboard and show them our identifications and riding at the expense of the Convention.
MRS. HERMANN: That is something the Convention itself must decide and that is why I'm bringing it up at this moment. The Statehood Committee has provided the initial bus transportation and now it's up to the Convention to get itself out here some way and that's what we want to know. Do you want it paid as Convention expense or do you want to pay it individually?
V. RIVERS: Mrs. Chairman, I made my motion or asked unanimous consent in that manner because this body is such that we have not yet elected permanent officers but it show in the minutes that this body authorized the duplication of that bus action and then when we are organized we should then discuss it.
MRS. HERMANN: If there is no objection to the unanimous consent as asked by Mr. Rivers, that will be the order and everybody be at the Nordale at 9 o'clock in the morning that wants transportation by bus to come out here, well at whatever time we agree to adjourn to. Now one more announcement that I have to make is that one delegate in picking up his supplies over at the other building only took one volume of the studies that have been made by the P.A.S. Committee and the other two volumes are still awaiting his pleasure. We aren't going to let anybody off with just trying to get along with just one volume after this voluminous work that we've done to give you all what you need. Did you have a statement Dixie?
MR. HALL: I understand that Governor Gruening will address this Convention tomorrow if you choose at 10 o'clock.
MRS. HERMANN: Governor Gruening will address the Convention tomorrow at 10 o'clock if that meets the pleasure of this body. Mr. Sundborg?
SUNDBORG: Madam Chairman, I move and ask unanimous consent that the Constitutional Convention invite former Governor Gruening to address this body at 10 o'clock, Wednesday morning. UNIDENTIFIED DELEGATE: I second the motion.
MRS. HERMANN: Unanimous consent has been asked. Do I hear any objection? Without objection, that will be the order and former Governor Gruening will make the keynote address to the delegates of the Convention tomorrow at 10 o'clock. Incidentally, we will not be in this building tomorrow but in the other building where you had your luncheon today. So don't anybody come back over here expecting to find a setup for a meeting.
RILEY: Madam Chairman, there will be a meeting of the Rules Committee in the Student Union Building. I might suggest that the members go to the floor above that which houses the cafeteria where there is committee room space. That will be immediately after this meeting.
MRS. HERMANN: Members newly appointed on the Committee on Rules please take note of the announcement of the Chairman. The bus will be available here where we arrived this morning at 2:45 p.m. today to take you back to town, provided you adjourn before that time.
TAYLOR: Madam Chairman, I move that we adjourn until 10 o'clock Wednesday morning.
R. RIVERS: I second the motion.
MRS. HERMANN: It has been moved and seconded that the Convention adjourn until tomorrow morning at 10:00 o'clock. Do I hear any discussion? You can't debate a motion to adjourn. All in favor signify by saying "aye". We will stand adjourned until tomorrow morning at 10:00 o'clock. (2:30 p.m.)