June 13 is a significant date in Yukon history.
That was when the Yukon Act came into effect 125 years ago, in 1898. Last week, the legislature sat in Dawson in recognition of the anniversary.
The courtroom in the Old Territorial Administration Building in Dawson, once again became the seat of government, where it had convened for more than half a century. Most people are not aware that Whitehorse did not become the capital city in the Yukon until 1953.
The Yukon, which had been unknown territory to Europeans just a few years before, became a media event almost overnight, when gold was discovered in great richness. The word “Klondike,” (or “Klondyke” to some) became a catch phrase thrust upon the front pages of newspapers around the world.
Overnight, everybody knew about the Klondike, even though they might have no inkling of where it was, or how to get there. Tens of thousands of newcomers descended upon the region within a period of a few months, and things would never be the same. The government responded, though back in those times, a quick response could take weeks or even months.
To understand the context, we have to reach back into the past to 1825, when two empire-building nations, Russia and Great Britain, had designs on the northwest portion of North America. Both were on a collision course. The Hudson Bay Company was extending its trading network westward through the Northwest Territories, while the Russians were expanding eastward from coastal Alaska.
In 1825, the two nations established a dividing line between their respective colonial interests, by delineating a boundary line along the 141st meridian. It began at the Arctic Ocean, extending southward to the St. Elias Mountains, and then along an undefined line down the Alaska panhandle. I hasten to mention that neither of them had explored the region of the meridian line before they agreed upon it, nor did they involve the local inhabitants, who had lived here for thousands of years.
In 1867, the Russians sold their interest in Alaska to the United States of America. Again, there was insufficient interest in this hinterland to establish a firm boundary line, until the discovery of gold in the Klondike.
Canada responded to immediate needs, however. Gold was discovered in the Fortymile district in 1886. William Ogilvie, a surveyor for the Canadian government, came into the Yukon valley the following year, and determined the point where the 141st meridian crossed the Yukon River. He returned a few years later, after the Fortymile mining district became more developed, and extended the survey line south of the Yukon River. In this way, it was possible to determine which gold-bearing creeks were subject to Canadian mining regulations.
In 1895, Insp. Charles Constantine of the North West Mounted Police arrived at Fortymile with a detachment of 20 officers and men to establish authority over the Fortymile district. Constantine became, in effect, the first governor of the region, and was already firmly established when gold was discovered in the Klondike.
Over the next two years, the influx of gold seekers exploded. Suddenly, there was heightened interest in this previously unknown region. With incredible wealth being generated from the gravels of Klondike streams, everybody wanted in on the action.
A jurisdictional dispute arose that raised major concerns. This region was still formally part of the Northwest Territories, which was overseen by the lieutenant-governor in Regina. He dispatched an official to Dawson City to collect licensing fees from saloon and hotels.
The federal government had different ideas, and sent officials of their own to deal with the administration of the new goldfields. The lieutenant-governor at the time held the executive powers of a CEO over the district, so the federal government could not assign that title to their version of CEO; instead, they called him “commissioner” and appointed James Morrow Walsh to that position.
To assert its supremacy over the region, the federal government drafted legislation that would create a new region called the Yukon Territory, as a separate jurisdiction, over which federal authority prevailed. The legislation was crafted after a similar act that had been designed to create the Northwest Territories. In this new piece of legislation, the feds stuck with the title of commissioner for its senior official.
The new act came into effect on June 13, 1898, and Ogilvie was appointed commissioner in this newly formed district. With his responsibilities, Ogilvie also became the mayor, fire chief and Dawson City engineer. In other words, he was a very busy man.
Also created was a territorial council, in which, all but two of the members were appointed by Ottawa. This eventually changed to a council with five elected and five appointed members. The commissioner held the balance of power on any tie votes, so effectively, Ottawa maintained control from afar. This posed many challenges.
To illustrate this point, consider that at this time, there was no internet, no satellite communication, no television or e-mail. There was no telegraph either, so any communication had to be transported by surface mail. The first reference to the new act that I found in the local newspaper was an article in the Klondike Nugget dated Aug. 13 — two months after it was passed by parliament. Communication between the capital and this most remote part of the nation was slow, as was decision-making by politicians far removed from the action.
The responsibility for regulating the mining in the newly formed territory remained a federal responsibility, which caused the Klondike Nugget to editorialize that the commissioner and the council of Ottawa appointees still had control of local affairs in the territory. Further, the editorial lamented that the mining laws and regulations would still come from Ottawa.
“Can the commissioner and council be depended upon to advise their government for our good if it required the saying of something that the government did not want to hear?” asked the Klondike Nugget.
“We are inclined to think not,” it concluded.
Nevertheless, government moved forward. In the years that followed the territorial government faced many challenges. A fully representative council was installed in 1909. Then at the end of the First World War in 1918, the position of commissioner was abolished. The council faced the same threat, but remained, although in a much-reduced size.
The Yukon twice faced the threat of annexation by British Columbia, but retained its independent status. It wasn’t for another 60 years that final decision-making was placed in the hands of the elected members and cabinet.
The government that we have today is a far cry from that of the gold rush. The most revolutionary change to governing the territory came at the conclusion of land claims with the signing of the Umbrella Final Agreement in 1993. Yet the long journey to what we have today began with the passage of the Yukon Act 125 years ago.
Michael Gates is Yukon’s first Story Laureate. His latest book, “Hollywood in the Klondike,” is now available in Yukon stores. You can contact him at msgates@northwestel.net
