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Untitled Document
| Name: |
Walter "Bo" Smith |
| City: |
Ketchikan |
| District: |
1 |
| Occupation: |
Fisherman |
| Born: |
April 10, 1907 - Bethel, New Mexico |
| Death: |
September 12, 1987 - Auburn, Washington |
| Alaska Resident: |
1932 - ? |
| Convention Posts: |
- Chair, Committee on Resources
- Member, Committee on Direct Legislation, Amendment and Revision
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Quote from the Constitutional Convention:
"The Tenth Amendment to the United States Constitution reads, "The
powers not delegated to the United States by the Constitution nor prohibited
by it to the States, are reserved to the States respectively, or to the people."
This means that Congress has only those powers expressly delegated to it by
the Constitution. This Constitution is the supreme law of the land. This Constitution
would certainly govern or supersede any provisions written into the act admitting
Alaska into the union or any matter written into the constitution of the State
of Alaska. Therefore, what we are consenting to in this section under discussion
is the reservation of rights and powers which Congress has under the Federal
Constitution. It is not a blanket grant; it is only those rights which Congress
has.
As to our consent to the terms and condition of the grants of lands or other
property, this consent is necessary for these grants are in the nature of a
contract and can only be charged at any future time by and with the consent
of the state and the United States. Under Article IV, Section 3 of the United
States Constitution, Congress is empowered to dispose of and make all needful
rules and regulations respecting the Territory or other property belonging to
the United States. Under this authority Congress can make any disposal it might
see fit to make of any lands owned by the federal government in Alaska.
In this connection, I hope that no one here is under the delusion that Alaska
will assume ownership of 103,000,000 acres of land on its admission into the
union. Alaska will not assume ownership of even one acre of land other than
that owned now by the Territory and the land on which the Federal Building and
jail in Juneau are now situated. What Alaska will receive is the right to select,
within 25 years, 103,500,000 acres of land and if the land provisions in the
latest enabling bills are carried forward, the land so selected will become
the property of the state only after the state has made its selection and the
land has been surveyed and patent issued. After patent is issued to the state
the lands are then, of course, beyond the reach of Congress, they are the property
of the state. Until patent is issued, however, all the lands within the state
boundaries, I should say with the exception of submerged and tidal lands, will
still be the property of the United States and will still be subject to any
reservations that the federal government might want to impose. Actually, I don't
feel that we are in any manner or in any form signing a blank check by saying
we consent to the reservations of powers because I think that Congress already
has those powers and that those powers are limited by the provisions of the
United States Constitution."
-Delegate W.O. "Bo" Smith, Day 64 of the Constitutional Convention,
discussing the process by which the new State of Alaska would assume title to
a portion of the federal land in the territory.
| Education: |
High School |
| Public Offices and Organizations: |
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| Further Information: |
Smith's Letter to the Editor of the Ketchikan Daily News in support
of his candidacy for the Alaska Constitutional Convention
Ketchikan Daily News, 9/9/1959
Letters to The Editor
TO THE EDITOR:
As I will not have the time or opportunity to make any attempt to campaign
in the accepted sense before the election of delegates to the constitutional
convention, I can only take this method of letting the people of Ketchikan
know my views concerning this convention.
First, some candidates are using their candidacy to air their views concerning
all the ills which beset Alaska, and are bringing in many controversial
issues which are not connected in any way with the drafting of a constitution.
Such practice, if carried over into the convention itself could only result
in nullifying to a great extent the advantages of holding a convention'
at this time. The one purpose of this convention is to draft a workable
constitution for the state of Alaska.
Our desire to produce a super constitution can lead to several complications.
The greatest danger is that this desire can lead the convention to include
subjects which could best be covered by legislation.
Then too we must remember at all times that the constitution drafted by
the convention must be approved by the people of Alaska. Since congress
will see eye to eye on what is best for Alaska, some sort of compromise
between the two will have to be worked out.
Some people may ask "why try to please congress?" The answer
here is obvious. Any loophole in the constitution which might give the
enemies of statehood in congress or at home in Alaska grounds for criticism
could result in further delay in the attainment of statehood.
MUST BE CAREFUL
For these reasons I am convinced that we must stick rather closely to
fundamentals. There may be occasions we can profit by the experience of
others, and there are problems unique to Alaska where the experience of
others cannot be used as a guide.
Just as one example where We can profit from the experience of others,
many of you will recall that the people of the state of Washington passed
an initiative measure a few years ago setting up a pension plan without
apparent thought as to where the money was coming from to pay for this
plan. This very nearly resulted in bankruptcy for the state of Washington.
I am assuming that the constitution will contain a provision for initiative
and referendum. If so, a condition like that which occurred in the state
ft Washington could be prevented by inserting a provision that any initiative
measure calling for the expenditure of funds must be accompanied by a
plan for raising the necessary funds and that the measure and the plan
for raising the necessary funds be voted on at the same time.
The increasing pressure upon our fisheries through the increase in gear
plus the ever increasing efficiency and mobility of gear is posing a severe
strain on the ancient right to fish, which some courts have described
as almost of an equal grade with the right of navigation.
To protect this right without unduly hampering the regulatory agency in
its effort to preserve our salmon runs is going to call for clear thinking
plus a knowledge of the history of our fisheries.
Over the basic contents of the constitution there can be a clear cut division
of authority 'between the executive, legislative and judicial branches
of government, for it is such basic principles that have made it possible
for our form of government to endure.
Sincerely,
W. O (BO) SMITH
Candidate for election as a delegate from the Ketchikan district.
(Letter courtesy Ketchikan Museums)
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