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103-491: The law was first introduced by James Wickersham in 1916, shortly after the First Organic Act. However, due to a lack of interest from Alaskans, the bill was never introduced. Efforts ramped up in 1943, with Bartlett's rendition of the act being introduced first in 1947 and 1950, with the backing of President Harry Truman . However, due to opposition from powerful southern U.S. Congressmen, it took until 1958 to pass

206-482: A Senate filibuster . James Wickersham James Wickersham (August 24, 1857 – October 24, 1939) was a district judge for Alaska , appointed by U.S. President William McKinley to the Third Judicial District in 1900. He resigned his post in 1908 and was subsequently elected as Alaska's delegate to Congress , serving until 1917 and then being re-elected in 1930. He was instrumental in

309-518: A dilemma can't begin a mindset) of federal dependence because he saw that as a better alternative than having private interests and "Robber-Barons" ruling over Alaska's resources. The Democratic nominee was a Fairbanks lawyer and one-time mayor , Thomas A. Marquam. "As the rally got underway, Judge Wickersham warmed to his subject and the walls of the Liberty Theatre virtually shook to the thunder of his denunciations. Most of his vituperation

412-507: A district, and local governments often had little control over local affairs. Several issues arose that made it more difficult for Alaska to push toward self-government. One of these was the formation of the "Alaska Syndicate" in 1906 by the two industry barons J. P. Morgan and Simon Guggenheim . Their influence spread, and they came to control the Kennecott copper mine, steamship and railroad companies, and salmon packing. The influence of

515-469: A filibuster to delay consideration. In the 1954 State of the Union address, Eisenhower referred to statehood for Hawaii (then a Republican-leaning territory) but not Alaska (then a Democratic-leaning territory). By March, frustrated by Eisenhower's refusal to support statehood for Alaska, a Senate coalition led by Democrats tied the fates of Alaska and Hawaii statehood together as one package. The procedural move

618-553: A flood of more people coming to Alaska, which they didn't want. There was enough of a majority, though, that did want statehood so as to be able to pass a referendum for statehood in Alaska in 1946 by a 3:2 vote. With the help of the referendum, Bartlett was able to introduce a bill to Congress. The bill, however, was immediately shot down by a coalition of Democrats and Republicans. Republicans feared that Alaska would be unable to raise enough taxes due to its small population and end up as

721-481: A gateway to the Arctic. Through Barnette and Wickersham's efforts, Fairbanks became incorporated. Though they worked well together for the betterment of Alaska, and particularly the interior, they did not always have the best personal relationship. When presiding over one of Barnette's many gold claim cases, he concluded that if the case went in his favor, Wickersham could benefit from the decision himself after his term

824-521: A result, the Jones Act fleet is used only where shippers have no choice: for moving large quantities of cargo over the ocean between noncontiguous parts of the United States. It is not used for moving cargo along coastal routes in the contiguous United States. In other words, the coastwise trade (called short-sea shipping by Europeans) is virtually nonexistent in the United States, while most of

927-520: A speech to Congress, at that time the longest speech on record. His effort was not wasted and "the bill passed the Senate on January 24 by a vote of 46 to 16." Wickersham would go on to serve several more terms as Alaska's delegate to Congress, his last term running from 1931-1933. In 1916, he initially lost his seat to Charles August Sulzer but successfully contested the election in the House arguing that

1030-413: A study of the effect of the Jones Act on Puerto Rico that noted "[f]reight rates are set based on a host of supply and demand factors in the market, some of which are affected directly or indirectly by Jones Act requirements." The report further concludes, however, that "because so many other factors besides the Jones Act affect rates, it is difficult to isolate the exact extent to which freight rates between

1133-624: A very influential impact. The convention was highly praised and very emotional. The Constitution for Alaska was written up and Alaskans voted and passed the Alaska Constitution in 1956 with overwhelming approval. The Constitution was named "one of the best, if not the best, state constitutions ever written" by the National Municipal League . Another step forward for the cause was taken by the Alaskan adoption of

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1236-434: A very serious offense at the time. After being given the run around, Chief Charley reached Wickersham and consulted the highest court in the land. Wickersham appointed a deputy to retrieve the stolen animal and waited with the chief for his return, chatting about everyday problems. This incident helped frame Wickersham's reputation as a "man of action." (reference needed) As the most powerful personage of Federal oversight for

1339-446: A vessel or an aircraft registered in another country. Originally a shipping term, cabotage now also covers aviation, railways, and road transport. Cabotage is "trade or navigation in coastal waters, or the exclusive right of a country to operate the air traffic within its territory". In the context of "cabotage rights", cabotage refers to the right of a company from one country to trade in another country. In aviation terms, for example, it

1442-592: A welfare state while Southern Democrats feared more pro-civil rights congressmen. In retaliation, Gruening established the "Alaska Statehood Committee" in 1949. He encouraged journalists, newspaper editors, politicians, and members of national and labor organizations to help use their positions and power to make the issue of Alaskan statehood more known. He gathered a group of 100 prominent figures, including Eleanor Roosevelt , actor James Cagney , writers Pearl S. Buck and John Gunther , historian Arthur M. Schlesinger, Jr , and theologian Reinhold Niebuhr , who all stood for

1545-434: Is entitled to a jury trial , a right which is not afforded in maritime law absent a statute authorizing it. Seamen have three years from the time the accident occurred to file a lawsuit. Under the Jones Act, maritime law has a statute of limitations of three years, meaning that seamen have three years from the time the injury occurred to file a lawsuit. If an injured seaman does not file a case within that three-year period,

1648-624: Is found at 46 U.S.C.   § 30104 , which provides: Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.... The law allows U.S. seamen to bring actions against ship owners based on claims of unseaworthiness or negligence, rights not afforded by common international maritime law . The United States Supreme Court , in

1751-512: Is named in his honor. Wickersham was born near Patoka, Illinois in August 1857. Many years later, in 1883, he and his wife Deborah moved to Tacoma , Washington Territory , where he became a judge. While in Tacoma he helped lead a mob which forced the city's Chinese population out of town, and was later arrested as one of the "Tacoma Twenty-Seven," though he was never convicted. He was a member of

1854-432: Is no possible chance of further ascent from this side of Denali at this season--or any other season for that matter." Even more defeating for the party was the wreck of their raft in a glacial stream on the descent that destroyed their food supply and equipment. Hungry, tired, and terrorized by mosquitoes, the group "happily ended the first attempt of white men...to scale the mighty walls of Denali." The attempted climb of

1957-504: Is the right to operate within the domestic borders of another country. Most countries enact cabotage laws for reasons of economic protectionism or national security; 80% of the UN's member states with coastlines have cabotage law. The cabotage provisions relating to the Jones Act restrict the carriage of goods or passengers between United States ports to U.S.-built and flagged vessels. It has been codified as portions of 46 U.S.C. Generally,

2060-780: The 111th United States Congress , then by Utah Senator Mike Lee , without passing to become law. In 2019, and again in 2021, Representative Ed Case (Hawaii) introduced three reform Acts: H.R. Bill 298, the Noncontiguous Shipping Competition Act; H.R.299, the Noncontiguous Shipping Reasonable Rate Act; and H.R.300, the Noncontiguous Shipping Relief Act, to Congress. H.R. Bill 8996, the Jones Act Repeal Act,

2163-543: The 156th meridian west . Most Alaskans opposed his proposal. In interest of the growing fervor and enthusiasm towards the cause, a Constitutional Convention was held at the University of Alaska, Fairbanks in 1955. During this convention, Gruening gave a very powerful speech which compared Alaska's situation to the American struggle for independence. The famous speech was entitled "Let Us End American Colonialism" and had

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2266-588: The Bering Strait during the Cold War . However, many barriers still stood between Alaska and statehood. Many Alaskans, like the Lomen brothers of Nome and Austin E. "Cap" Lathrop , who benefited largely from Alaska's small tax base, did not want themselves or their businesses to be hurt financially by the increase in taxes that would result from statehood. Other Alaskans feared that statehood would result in

2369-641: The Cato Institute , Niskanen Center , Mercatus Center and Heritage Institute. Requests for waivers of the Act and its provisions are reviewed by the Department of Homeland Security on a case-by-case basis, and can only be granted based on interest of national defense. Historically, waivers have only been granted in cases of national emergencies or upon the request of the Secretary of Defense. In

2472-619: The Lexington Institute , the Jones Act is also vital to national security and plays a role in safeguarding America's borders. The Lexington Institute stated in a June 2016 study that the Jones Act plays a role in strengthening U.S. border security and helping to prevent international terrorism. Critics claim the Jones Act is protectionist , and point to a 2002 report by the United States International Trade Commission that estimated

2575-528: The United States Maritime Commission , and required a United States Merchant Marine that: The Act restricted the number of aliens allowed to work on passenger ships, requiring that, by 1938, 90 percent of the crew members were U.S. citizens. Although about 4,000 Filipinos worked as merchant mariners on U.S. ships, most of these seamen were discharged in 1937 as a result of the law. The Act also established federal subsidies for

2678-562: The "Tennessee Plan" which allowed them to elect their delegates to Congress without having to wait for an official act from Congress. Alaskans therefore elected to Congress Senators Ernest Gruening and William A. Egan and Representative to the House Ralph J. Rivers . Gruening, Egan, and Rivers attended Congress and were politely received, though they were not officially seated or recognized in any way. The Alaskan delegation did not give up, however, and worked hard with Bartlett to pressure

2781-531: The 130 million Americans who live near a coastline must put up with road and rail networks jammed with domestic cargo which almost anywhere else in the world would have been routed to short-sea shipping. Legislative efforts to repeal the Jones Act have been repeatedly introduced in Congress since 2010 when the Open America's Waters Act was championed by Senator John McCain , who co-sponsored S. 3525 before

2884-402: The 1896–1910 gold rush eras (mainly in the cities of Klondike , Nome , and Fairbanks ), hundreds of thousands of people traveled to Alaska in search for gold. Several industries flourished as a result, such as fishing, trapping, mining, and mineral production. Alaska's resources were depleted to the extent that it came to be considered a "colonial economy". However, Alaska was still considered

2987-589: The 1920s, though this vision was not realized until the decade after World War II . In 1884, the Department of Alaska was organized into the District of Alaska, when Congress passed the Organic Act allowing Alaska to become a judicial district as well as a civil one, with judges, clerks, marshalls, and limited government officials appointed by the federal government to run the territory. Furthermore, during

3090-561: The Alaska Syndicate and Wickersham to clash was over Wickersham's first attempt to create a territorial legislature in 1909. According to Wickersham's first bill as delegate, "it provided for a legislature of twenty-four members – eight in the Senate and sixteen in the House." However, President Taft believed that Alaska was not ready for territorial government and status. For the Alaska Syndicate, this brought relief. Those interested in Alaska's resources had opposed Wickersham due to

3193-540: The Alaska Syndicate. Continuing on the forward momentum of the Second Organic Act, Wickersham sought, "…congressional authorization for a federal railroad in Alaska.". While this again would bring more government control to Alaska, it did mean that the Guggenheim hold on transportation would be severely weakened. In order to see this bill passed in the Senate, Wickersham stood for over five hours delivering

Alaska Statehood Act - Misplaced Pages Continue

3296-513: The Alaskan cause. Another bill was introduced to Congress in 1949 and passed in the House by a 186 to 146 vote in 1950. However, the bill was then shot down in the Senate, again for fear of adding more Democrats to the 81st Congress (1949–1951), as the Democrats already had 54 seats to 42 Republican seats. On February 27, 1952, the Senate by a one-vote margin (45-44) killed the statehood bill for another year, with Southern Democrats having threatened

3399-462: The American coast. There are no active Jones Act-compliant wind turbine installation vessels and only one under construction, increasing costs and construction times for offshore wind projects that must use compliant barges to transfer parts to installation ships. A shortage of such vessels was a cause of the cancellation of the Ocean Wind projects. Supporters of the Jones Act maintain that

3502-522: The Congress into action. Eventually, with the help of Bartlett's influence, the Speaker of the House, Sam Rayburn , who until 1957 had been an ardent opponent of the Alaskan statehood cause, changed his mind and when Congress reconvened in January 1958, President Eisenhower fully endorsed the bill for the first time. Senator Lyndon B. Johnson promised his commitment to the bill but others still stood in

3605-533: The District of Alaska in 1908, beginning his term in 1909. In his first two terms as delegate, Wickersham focused on two aspects: territorial status for Alaska and trust-busting the Alaska Syndicate. The issue of home-rule in Alaska fell under the popular idea that Alaska had been neglected by the United States federal government since its purchase from Russia in 1867 and was denied any form of self-government. The first semblance of self-government came through

3708-457: The First Organic Act in 1884. This act stated (missing words) "…a governor, judge, attorney, clerk of court, marshal, four deputy marshals, and four commissioners, who were to function as justices of the peace." Mainly as a reaction to the huge population increase during the Klondike gold rush, these government offices were not voted in by Alaskans, but appointed by the president and confirmed by

3811-740: The Jones Act (also known as the Merchant Marine Act of 1920 ) and the White Act of 1924 both of which made the fishing problem worse for Alaskans rather than better. Alaskans were angered by these two acts and felt they were discriminatory. Matters were made worse by regional conflicts which drew attention away from the issue of statehood. In the 1930s, Alaska was plagued by the Great Depression . During this time, President Franklin D. Roosevelt did two significant things for Alaska. First, he allowed for 1,000 selected farmers hurt by

3914-836: The Jones Act date to the early days of the United States. In the First Congress, on September 1, 1789, Congress enacted Chapter XI, "An Act for Registering and Clearing Vessels, Regulating the Coasting Trade, and for other purposes", which limited domestic trades to American ships meeting certain requirements. Such laws served the same purpose as—and were loosely based on—England's Navigation Acts , which were repealed in 1849. The laws requiring that vessels transporting cargo domestically be U.S.-built, owned, and crewed, were temporarily suspended during World War I . The Jones Act of 1920 reinstated those ideas into law, and expanded restrictions regarding vessels used for cabotage in

4017-468: The Jones Act is that as of 2023, it has already failed in its stated purpose of protecting the American merchant marine: "The Jones Act fleet has dropped from around 250 ships in the 1980s to just 91 today. No use protecting something that's already dead." The Jones Act lacks any mechanism to force shippers to always use Jones Act ships over all other modes of transport irrespective of price or to force other modes to not compete against Jones Act ships. As

4120-525: The Jones Act prohibits any foreign-built, foreign-owned or foreign-flagged vessel from engaging in coastwise trade within the United States. A number of other statutes affect coastwise trade and should be consulted along with the Jones Act. These include the Passenger Vessel Services Act , 46 U.S.C.   § 289 , which restricts coastwise transportation of passengers, and 46 U.S.C.   § 12112 , which restricts

4223-410: The Jones Act to cover towing vessels. In 1988, Congress specified that waterborne transport of valueless material, such as dredge spoil or municipal solid waste, requires the use of a Jones Act-qualified vessel. The revision of the law in 2006 included recodification in the U.S. Code. Cabotage is the transport of goods or passengers between two points in the same country, alongside coastal waters, by

Alaska Statehood Act - Misplaced Pages Continue

4326-576: The Merchant Marine Act in early June 1920, formerly 46 U.S.C.   § 688 and codified on October 6, 2006 as 46 U.S.C.   § 30104 . The act formalized the rights of seamen . From the very beginning of American civilization, courts have protected seamen whom the courts have described as 'unprotected and in need of counsel; because they are thoughtless and require indulgence; because they are credulous and complying; and are easily overreached. They are emphatically

4429-546: The President. In 1916, Wickersham, who was now a delegate to Congress, proposed the first bill for Alaska's statehood. The bill, however, failed, partly due to lack of interest among Alaskans in gaining statehood. Discrimination against the Alaskan Territory made it difficult for Congress to get much done. Discussion of revising the Second Organic Act took up much time but came to no avail. Instead, Congress passed

4532-523: The Senate, each for a four-year term. This act also moved Alaska from simply a purchased piece of property ruled by the U.S. military to the status of District. However, the Organic Act of 1884 was only a start to government in Alaska and it still left the control of Alaska's resources to the federal government and largely, outside private interests. The Alaska Syndicate , a conglomeration of privately owned businesses headed by Guggenheim interests, represented outside rule of Alaska's resources. Their main focus

4635-639: The Southern Democrats' suppression of the pro-Republican African-American vote, then-Republican Hawaii's prospects for statehood were tied to Alaska's, which many thought would be more Democratic. Hawaii statehood was expected to result in the addition of two pro-civil-rights senators from a state which would be the first to have a majority non-white population. This would endanger the Southern minority segregationist Democratic Senate by providing two more pro-civil rights votes to invoke cloture and halt

4738-616: The Syndicate in Washington D.C. opposed any further movement towards Alaskan home rule. James Wickersham , however, grew increasingly concerned over the exploitation of Alaska for personal and corporate interests and took it upon himself to fight for Alaskan self-rule. He used the Ballinger–Pinchot affair in order to help achieve this. As a result of the affair, Alaska was on the national headlines, and President William Howard Taft

4841-649: The Tacoma Academy of Science and was President of that organization in 1893. He presented a paper to the Academy on Feb. 6, 1893, entitled, "Is it Mount Tacoma, or Rainier?" During the presentation the following prominent Indians representing the Puyallup, Nesqually and Klickitat tribes were seated on the platform: George Leschi, son of Quiemuth, a leader in the Indian war of 1855; Jack Simmons; John Hiaton, one of

4944-413: The United States and Puerto Rico are affected by the Jones Act." The report also addresses what would happen "under a full exemption from the Act, the rules and requirements that would apply to all carriers would need to be determined." The report continues that "[w]hile proponents of this change expect increased competition and greater availability of vessels to suit shippers' needs, it is also possible that

5047-529: The United States and that fly the U.S. flag, are owned by U.S. citizens, and are crewed by U.S. citizens and U.S. permanent residents. The act was introduced by Senator Wesley Jones . The law also defines certain seaman 's rights. The Merchant Marine Act of 1920 has been revised a number of times; the most recent revision in 2006 included recodification in the U.S. Code. Many economists and other experts have argued for its repeal, while military and U.S. Department of Commerce officials have spoken in favor of

5150-442: The United States each year, and "the overwhelming majority of seafarers entering U.S. ports are aliens." The study also showed that 80% of those seafarer aliens are working on passenger ships that are covered by the Passenger Vessel Services Act of 1886 rather than the Jones Act. The GAO said that while there are no known examples of foreign seafarer involvement in terrorist attacks and no definitive evidence of extremists infiltrating

5253-600: The United States on seafarer visas, "the Department of Homeland Security (DHS) considers the illegal entry of an alien through a U.S. seaport by exploitation of maritime industry practices to be a key concern." Because of the lack of Jones Act-compliant liquefied natural gas tankers, the Northeast of the U.S. imported liquefied natural gas from Russia in order to avoid shortages in 2018. The Jones Act has been used by opponents of offshore wind farms to prevent foreign vessels from constructing and maintaining wind farms near

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5356-571: The United States. The Merchant Marine Act of 1920 was introduced by Senator Wesley Jones , Chairman of the Senate Commerce Committee . He stated that the act was, "an earnest effort to lay the foundation of a policy that will build up and maintain an adequate American merchant marine in competition with the shipping of the world." The intention of Congress was to develop a merchant marine for reasons of national defense and of growth of foreign and domestic commerce, as stated in

5459-488: The act describe it as protectionist , harming the overall economy for the sake of benefiting narrow interests. A 2014 report by The Heritage Foundation argues that the Jones Act is an ineffective way to promote U.S. shipbuilding, claiming it drives up shipping costs, increases energy costs, stifles competition, and hampers innovation in the U.S. shipping industry. A 2019 Congressional Research Service report stated that U.S. shipbuilding has declined in competitiveness since

5562-465: The act, stating "During my life-time, 10 states have been admitted to the Union and each time opponents raised the arguments of fear and distrust that we have heard in this debate." Representative W. Smith would rebut "All of those 10 states together were granted less than one-third the land that Alaska is granted and none got mineral rights or the option to choose which land to claim." Debate lasted for hours within both chambers, though eventually, though,

5665-536: The boat to traverse the Kantishna River. By June 4, the excursion party had staked gold claims on Chitsia Creek, and, thanks to a map with description filed at Rampart, this led to larger prospecting for the Kantishna Mining. The trip took a turn for the worse when the party came to an impassable mountain face. On June 20, Wickersham wrote in his diary, "...and [we] have reluctantly concluded there

5768-410: The case of Chandris, Inc., v. Latsis , 515 U.S. 347, 115 S.Ct. 2172 (1995), has set a benchmark for determining the status of any employee as a "Jones Act" seaman. Workers who spend less than 30 percent of their time in the service of a vessel on navigable waters are presumed not to be seaman under the Jones Act. The Court ruled that any worker who spends more than 30 percent of his time in

5871-405: The case took so long that he only served for 4 days before the term ended. Before Wickersham could be seated, Sulzer died and his seat was filled by George Barnes Grigsby in a special election that was subsequently voided. (This doesn't make sense. Earlier it says that Sulzer died before being certified as the winner, so that would mean that Wickersham didn't need to contest the vote) This makes him

5974-652: The cause for Alaskan statehood. Alaska's desire for statehood was much aided by the amount of attention it received during World War II. After Japan initiated the Aleutian Islands Campaign in June 1942, the territory became an important strategic military base and a key to the Pacific during the war, with a resulting population increase due to the number of American servicemen sent there. It remained critically important in deterring Soviet aggression through

6077-621: The cause. Citizens sent Christmas cards reading "Make [Alaskans'] future bright/Ask your Senator for statehood/And start the New Year right." Women made bouquets of Alaska's flower, the Forget-Me-Not and sent them to members of Congress. Movements such as "Operation Statehood" also put increasing pressure on Congress. "Lack of public interest" could no longer be used as a feasible excuse to prevent statehood. In 1954 territorial governor B. Frank Heintzleman proposed that Alaska be divided at

6180-519: The construction and operation of merchant ships . Two years after the Act was passed, the U.S. Merchant Marine Cadet Corps, the forerunner to the United States Merchant Marine Academy , was established. U.S. Representative Schyler O. Bland of Virginia was known as the "father of the Merchant Marine Act of 1936." The Merchant Marine Act of 1920 has been further revised a number of times. In 1940, Congress expanded

6283-664: The contiguous U.S. without picking up any additional cargo intended for delivery to another U.S. location. In June 2012, the Federal Reserve Bank of New York indicated that the Jones Act may hinder economic development in Puerto Rico , although a Government Accountability Office report found the effect of repealing or loosening is uncertain, with possible tradeoffs. In March 2013, the Government Accountability Office (GAO) released

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6386-520: The depositing of underwater surveillance equipment. Additionally, the requirement that ships in the domestic fleet be crewed by U.S. citizens or permanent residents reduces the likelihood foreign ships and mariners will illegally gain access to America's inland waterways and associated infrastructure. A 2011 study by the Government Accountability Office (GAO) found there are approximately 5 million maritime crew entries into

6489-558: The depression to move to Alaska and colonize the Matanuska-Susitna Valley , being given a second chance at agricultural success. Second (and sometimes considered to be more importantly), Roosevelt appointed Ernest Gruening as governor of Alaska in 1939. Edward Lewis "Bob" Bartlett , who was one of Alaska's territorial delegates to Congress from 1944 to 1958 when he became a U.S. senator representing Alaska, would become one of Groening's most important allies in supporting

6592-545: The executive branch's attack, using his powerful executive office as Solicitor of the Department of the Interior, along with Interior Secretary Fred Seaton , to lobby for Alaska's statehood, placing reporters in any and all news hearings to pressure President Eisenhower & Congressmen to switch in favor of the law. Stevens also authored parts of the Act (namely Section 10). Roger Ernst, Seaton's former Assistant Secretary for Public Land Management, said of Stevens: "He did all

6695-523: The express provisions of this Act, the United States Shipping Board shall, in the disposition of vessels and shipping property as hereinafter provided, in the making of rules and regulations, and in the administration of the shipping laws keep always in view this purpose and object as the primary end to be attained. The U.S. Congress adopted the Merchant Marine Act in early June 1920 as 46 U.S.C.   § 688 , and it

6798-498: The fear of taxation of their copper holdings if Alaska progressed to territorial status, or even worse, statehood.(Needs citation) Only two years later in Wickersham's second term as delegate, the home-rule bill passed as the Second Organic Act in 1912 establishing Alaska officially as a United States territory with a legislature. While Congress still maintained heavy control over the territory, it allowed Wickersham to move against

6901-407: The greater portion of its commerce and serve as a naval or military auxiliary in time of war or national emergency, ultimately to be owned and operated privately by citizens of the United States; and it is hereby declared to be the policy of the United States to do whatever may be necessary to develop and encourage the maintenance of such a merchant marine, and, in so far as may not be inconsistent with

7004-460: The industrial base working, the Jones Act ensures that the Navy and Marine Corps can spin up shipbuilding without relying on other nations. The defense think tank CSBA, in a 2020 study on the maritime industry, warned that without the Jones Act, the shipbuilding industry would face dire impacts, up to and including the inability of the government to purchase any auxiliary ships domestically. Critics of

7107-510: The introduction of federal oversight Wickersham was one of three federally appointed judges. ( The other two were Arthur H. Noyes in Nome and the previously established Melville C. Brown in Juneau. This post made him one of the three most powerful people in Alaska, with no one within 3,000 miles to overrule his decisions or stand in his way. (editorializing) Wickersham was tasked with "cleaning up"

7210-433: The lack of U.S. tonnage. The Jones Act was passed in order to prevent the U.S. from having insufficient maritime capacity in future wars. The Jones Act includes dredging and salvage operations. Because the Jones Act creates a domestic dredging and salvage industry in the United States, it prevents the United States from depending on foreign companies to dredge naval facilities, which could create opportunities for sabotage or

7313-585: The law on protectionist grounds. Opponents of this legislation argue it reduces domestic trade via waterways (relative to other forms of trade) and increases consumer prices. The Jones Act is not to be confused with: the Death on the High Seas Act (another U.S. maritime law that does not apply to coastal and in-land navigable waters), or the Passenger Vessel Services Act of 1886 (which regulates passenger vessels, including cruise ships). Laws similar to

7416-414: The law's passage. The Organization for Economic Cooperation and Development ( OECD ) estimated in 2019 that repealing the Jones Act would boost shipbuilding output by more than $ 500 million (~$ 588 million in 2023). One of the primary impetuses for the law was the situation that occurred during World War I when the belligerent countries withdrew their merchant fleets from commercial service to aid in

7519-622: The law, with the convincing of Bob Bartlett. Gruening worked on rallying support from Alaskans, launching the Alaska Constitutional Convention in 1956, which elected Bill Egan and Gruening as Shadow U.S. Senators , and Ralph Rivers as the Shadow U.S. Representative, working towards pressuring the U.S. Congress for Alaska's statehood. Atwood similarly rallied support by using his job as a trusted news source to rally Alaskans for statehood. Stevens worked on masterminding

7622-672: The legal system after the Nome Gold Conspiracy which involved prominent Republican National Committee member Alexander McKenzie , and Judge Noyes. His start into Alaskan official law involved litigation of that reflected the Alaskan frontier spirit. "Chief Charley, head of the Charley River band of the Tena Indians, was the first litigant to appeal to the new court officials for justice." According to court records, someone from upriver had stolen his dog, considered

7725-538: The legislation is of strategic economic and wartime interest to the United States. The act, they say, protects the nation's sealift capability and its ability to produce commercial ships. In addition, the act is seen as a vital factor in helping maintain a viable workforce of trained merchant mariners for commerce and national emergencies. Supporters also argue that allowing foreign-flagged ships to engage in commerce in domestic American sea lanes would undermine U.S. wage, tax, safety, and environmental standards. According to

7828-547: The mountain via Peters Glacier and the North Face is today called the "Harvard Route," having first been climbed successfully in 1963 by a team of seven mountaineers from Harvard University. The north face is generally called "Wickersham’s Wall". Wickersham Dome , 3,207 feet, between Fairbanks and Livengood was named after the former judge and congressman. In 1960, Mount Wickersham in the Chugach Mountains

7931-464: The official declaration. Three propositions had to be passed by Alaskans in order for statehood to happen: All three propositions were approved by Alaskans in a special election held on August 26, 1958. Voter turnout was high. On the first question, "Shall Alaska immediately be admitted into the Union as a state?", the result was 40,452 in favor, and 8,010 against. In the late 1950s civil rights bills were being introduced in Congress. To overcome

8034-447: The only person to win a House seat via contest more than once. Wickersham's service as Delegate began major political themes in Alaska's history that still hold today. Alaska exists on the paradoxical theory of demanding state rule over its resources and yet still incredibly dependent on the federal government largely through, presently, the investment of the Department of Defense. (Editorializing) Wickersham's dilemma began this mindset (

8137-700: The passage of the Organic Act of 1912, which granting Alaska territorial status. He also introduced the Alaska Railroad Bill, legislation to establish McKinley Park , and the first Alaska Statehood Bill in 1916. He was among those responsible for the creation of the Alaska Agricultural College and School of Mines, which later became the University of Alaska . A residence hall on the University of Alaska Fairbanks campus

8240-636: The patriarchs of the reservation, 80 years of age, and a signer of the treaty of 1854; Mrs. John Hiaton and John Powers". The presentation has been reproduced by a digital file created at the Library of Congress. When Wickersham set off for Alaska he was allegedly dodging a government posting in Japan, and he told anyone who asked that he preferred the Eagle post, saying he "yearned for the Yukon, not Yokohama". With

8343-423: The preamble to the Merchant Marine Act of 1920 as originally enacted: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is necessary for the national defense and for the proper growth of its foreign and domestic commerce that the United States shall have a merchant marine of the best equipped and most suitable types of vessels sufficient to carry

8446-720: The reliability and other beneficial aspects of the current service could be affected." The report concludes that "GAO's report confirmed that previous estimates of the so-called 'cost' of the Jones Act are not verifiable and cannot be proven." Because the Jones Act requires all transport between U.S. ports be carried on U.S.-built ships, proponents of the Jones Act claim that it supports the domestic U.S. shipbuilding industry. Shipyards that build Jones Act vessels are needed to build smaller but important government vessels like auxiliary ships, cutters, and research vessels. Jones Act requirements creates additional work for these shipyards in between government orders. Proponents state that by keeping

8549-461: The resistance was able to be bypassed, and the House passed the statehood bill by a 210–166 vote. The Senate, which had had its own version of the bill as well as the House's version, finally managed to pass the House's bill through the fervent urging of Bartlett by a 64–20 vote. On January 3, 1959, after much struggle and through the efforts of many, Alaska finally became the 49th state of the United States of America after President Eisenhower signing of

8652-562: The savings for the U.S. economy that would result from the repeal or amendment of the Jones Act. Critics contend that the Act results in higher costs for moving cargo between U.S. ports, particularly for Americans living in Hawaii, Alaska, Guam, and Puerto Rico. A 2019 study by the OECD estimated that the economic gains to the U.S. economy from the repeal of Jones Act would range from an added $ 19 billion up to $ 64 billion. Another criticism of

8755-456: The seaman's claim may be dismissed as time-barred. The Jones Act prevents foreign-flagged ships from carrying cargo between the contiguous U.S. and certain noncontiguous parts of the U.S., such as Puerto Rico , Hawaii , Alaska , and Guam . Foreign ships inbound with goods cannot stop at any of these four locations, offload goods, load contiguous-bound goods, and continue to U.S. contiguous ports, although ships can offload cargo and proceed to

8858-411: The service of a vessel on navigable waters qualifies as a seaman under the act. Only maritime workers who qualify as a seaman can file a suit for damages under the Jones Act. An action under the Jones Act may be brought either in a U.S. federal court or in a state court . The right to bring an action in state court is preserved by the "savings to suitors" clause, 28 U.S.C. § 1333. The seaman-plaintiff

8961-403: The state. Senator Stuart Symington of Missouri spoke that making Alaska a state "would strengthen our national defense", and Senator Wayne Morse stated that "the bill's effect on foreign relations 'would be tremendous,' for it would show the world that we 'support self-government and actually believe in freedom put into practice.'". Representative Barratt O'Hara attacked the opposition's fear of

9064-473: The trip: George Jeffrey, Mort Stevens, Charlie Web and John McLeod. To finance the venture, the men published the first Tanana region newspaper, "The Fairbanks Miner, Vol. 1, No.1, May, 1903", consisting of eight typewritten pages. On the second day on the steamer, Wickersham's party discovered a boat drifting through the river ice flow. The team dubbed Wickersham the Admiral of the newly named Mudlark and used

9167-499: The use of foreign vessels to commercially catch or transport fish in U.S. waters. These provisions also require at least three-fourths (75 percent) of the crew members to be U.S. citizens or permanent residents. Moreover, the steel of foreign repair work on the hull and superstructure of a U.S.-flagged vessel is limited to ten percent by weight. This restriction largely prevents Jones Act ship-owners from refurbishing their ships at overseas shipyards. The U.S. Congress adopted

9270-414: The vast majority of the interior of Alaska, Wickersham was an important man to have on your side. (remove, editorializing) His relationship with the development of Fairbanks helped shape not only the future of the Interior's steadily expanding city, but also the entire state. Wickersham's working relationship with Captain E.T. Barnette led to the initially small settlement developing into a city that became

9373-518: The votes of several precincts were wrongly excluded and he then served the last two months of that term. In 1918, he again lost to Sulzer - by 33 votes - who subsequently died before being certified as the winner. Wickersham chose not to run in the June 1919 special to fill the seat, but after it was over, he contested the 1918 election on the grounds of numerous election irregularities such as ballots that should have been counted and unqualified voters. He again won his contest, this time by 37 votes, although

9476-541: The war effort. This left the US with insufficient vessels to conduct normal trade impacting the economy. Later when the U.S. joined the war there were insufficient vessels to transport war supplies, materials, and ultimately soldiers to Europe resulting in the creation of the United States Shipping Board . The U.S. engaged in a massive ship building effort including building concrete ships to make up for

9579-428: The wards of admiralty.' The Jones Act allows injured sailors to make claims and obtain damages from their employers for the negligence of the ship owner, including many acts of the captain or fellow members of the crew. It operates simply by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors. Its operative provision

9682-461: The way, such as Representative Howard W. Smith of Virginia, Chairman of the powerful Rules Committee, and Thomas Pelly of Washington State who wanted the Alaskan waters to be open to use by Washingtonians. Senator Prescott Bush of Connecticut stated that Alaska's population was too small, the territory was non-contiguous, economic conditions were unstable and statehood would increase taxes sharply, which would thus disrupt economic development within

9785-527: The work on statehood; he wrote 90 percent of all the speeches. Statehood was his main project." From 1867 to 1884, Alaska was considered to be a military district of the United States under the control of the federal government , known as the Department of Alaska . From 1884 to 1912, it was organized as the District of Alaska , and from 1912 to 1959, it was organized into the incorporated Territory of Alaska . Alaskans had sought statehood since as early as

9888-483: Was "…the development of copper holdings. It was for this purpose that it acquired and operated transportation lines." Thus, the Alaska Syndicate not only ruled the copper fields, but also the steamship lines that moved the copper back to the United States. When Wickersham became the Delegate for Alaska, he vowed to relinquish the Alaska Syndicate's hold on copper and transportation. One of the first issues that caused

9991-498: Was backed by some Southern Democrats, concerned about the addition of new votes in the civil rights for blacks movement, in the hope of defeating both measures. Six members of the Senate Interior and Insular Affairs Committee, including Senator Butler, went to Alaska in order to hold public hearings and see for themselves what the public sentiment was in Alaska. In response to the visit, Alaskans would not let Americans forget

10094-479: Was couched in such eloquent language that the audience didn't know exactly what Marquam was being called — but by the tone they figured it was something pretty bad...It was years later that I found out that Judge Wickersham merely was calling Marquam a loud-talking Irishman ." Wickersham led the first recorded attempted climb of Denali , departing from Fairbanks May 16, 1903, on the *Tanana Chief* steamer with two mules, Mark and Hannah. Four companions who joined him on

10197-474: Was forced to send a message to Congress on February 2, 1912, insisting that they listen to Wickersham. In August 1912 Congress passed the Second Organic Act, which established the Territory of Alaska with a capital at Juneau and an elected legislature. The federal government still retained much of the control over laws regarding fishing, gaming, and natural resources and the governor was also still appointed by

10300-470: Was introduced by U.S. Representative Justin Amash (Michigan) on December 17, 2020, during the 116th United States Congress . Open America's Waters Act to repeal restrictions on coastwise trade was again submitted, as S. Bill 1646 by Senator Lee on May 13 2021, during the 117th United States Congress . Amid calls for repeal, advocacy for reform, rather than repeal, of the Act also emerged, notably by

10403-602: Was named after him. Merchant Marine Act of 1920 The Merchant Marine Act of 1920 is a United States federal statute that provides for the promotion and maintenance of the American merchant marine . Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports. Section 27 of the Merchant Marine Act is known as the Jones Act and deals with cabotage ( coastwise trade ). It requires that all goods transported by water between U.S. ports be carried on ships that have been constructed in

10506-474: Was over. "It was an outright bribe" quoted one historian. Personal opinions and ever changing allegiances aside, as far as the future of Fairbanks went, Barnette could always count on Wickersham to have his back as what Barnette wanted usually was what was best for Fairbanks. ( remove, editorializing) After Wickersham concluded his service as judge, he moved on to represent Alaska's interests in Washington. Wickersham successfully ran for congressional delegate for

10609-423: Was signed into law on June 5, 1920 by President Woodrow Wilson . The Merchant Marine Act of 1936 was a major update to the law. Its purpose is "to further the development and maintenance of an adequate and well-balanced American merchant marine, to promote the commerce of the United States, to aid in the national defense, to repeal certain former legislation, and for other purposes." Specifically, it established

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