The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-16
|lRI ms JURISDICTION.
-. .axvOHD MAY 1HY ALAS
"A e1sskr sMUooLEns.
- WI Start for Alaslka WITH
LlqaeR FSe0 the
s-.A Const . Crime Here
Lewis dstensiea Il wre.s.

sudre HanfA has decided that any one
1890. NH; piping whisky TO Alaska -
-ssssrr airline. and that ~ may b
1890 q II state. az well as III Alaska
!. ros n<1ssAry 10 actually land the
.trsh arA tucr In Alaska IN order 10
Ss,iluts afefseDse against the laws OF
eouutry.frhe decision was made Tues
3. - - az the United States versus
- uu1hy, which was argued several
..a fG2he UniEes States district court,
-. r4slJamss Hamilton Lewis raised
-ssAcv bsel points that no court exists
80 .fsf with power 20 try persons for
g5s~ s.sn~ visky 10 Alaska also. that the
"A a-rf I The United States has no right
l. y v1n,rty, the trial by any court or the
= .sss,sIA BIZ any n1sans OF sucn persons.
~ Htforl holas that part OF the crime
sAs.sk ncuo~ into Alaska = committed
sss,tfw 1t from the United States. and
~ offense may be punished either
~ - xas argued and submitted upon
.3rer 10 an Indictment charging the
SrTnf with exporting last January
-. port Townsend 70 Alaska certain
s.nes and wines. In his opinion rem
k~1gestsrliay Judge Hanford says:
<ouhIs demurrer the defendant disputes
2Se1kldicsion of this court % try nsm Tor
- alleged In the Indictment, and on
3p}ut his attorney argues that section
r. N s. r. s., and the act of congress
ding q civil government for Alaska
n n. g.. second edition. 40. specify
saiy courts In which violations OK the
and regulations prob biting the intro
81 af distilled splritA and Intoxicating
- INFO Alaska committed within the
nf said territory shall be prosecuted.
/ th.s IS net one OF the courts so dezig-
In the view l have taken OF this
II In unnecessary 10 express an ooin-
mon the question as IN whether an Of
- committed wholly within the limits
IL ia may be prosecuted IN this court.
IA that as the indictment lays the
= of the case Ia this district and spsci-
ssts committed by the defendant with
AZ district. said acts are 70 he consd-
q material and essential to be proved
f,aftfy conviction under the tndict~
4 Nj. And the case is csEnsxabie In this
IA for the reason that the indictment
exsrs the defendant OF a crtIno committed
hin the territorial limits OF the courts
addiction.
~ next objection to the indictment
AT the exporting OF liquor to Alaska
the Importation OF it into Alaska IL
made criminal or punishable by any
frse and that the acts OF conarrss
vrrlbing penalties for the introduction
fauor into Alaska, contrary to regu-
asr.s prescrihed by the Vresident, are
institutional and void for the reason
i L the making OF the regulations srec!-
= acts which may be punishable AZ
- Il the exercising OF legislative pow
uAich cannot b. delegated To the exc
lsr. and In support OF HIS contention
attorney COR the defendant has cited
ease OF the United States Va. Eaton,
= G. g. e77. This objection may be an
md In two ways: In the first place, u
icnT been an established political and
\ 81 principle. that the constitution does
u impose restrictions ap to the style OF
kefument which congress may provide
the territories. Uaited States rs. Mel
{. - Fed Rep 202. ErId.eman vs. II. >
ttd. Rep. 45s And In the second place.
ri expressly provided I'm the fourteenth
sion OF the act providing IL civil gov
h1enf for Alaska that the Importation.
Rnufacfure and sale OF intoxicating
Enrs In SAIL district except for medicin-
Mr. prohibited under the penalties
Skh are provided il sectien nineteen
RnArsd and fifty-five of the Revised Stat
u spr the wrongful Importation OF dis
II apiritM. So that we have n statute
deh prohibits the Importation OF liquors.
Alaska, and ptescrioes the penalties
ybiAtion of this prohiptory law ir-
intent OF any regulations 10 be pre-
Yd5et by the president: and the indict-
- charges that the acts OF the de-
m were contrary 10 the statute in
X II Qse made and provided, as We'll az
Steety 90 regulations OF the president.
81 d further eontenied that the acts
~ Defendant In exporting and shipping
{tIaacr from Port Townsend 10 Alaska.
- are the only particular acts which
Ehe reading of the Indictment appear
yfave been committed within this state.
{e1ot criminal. and therefore the inaict-
~ does not charge a crime committed
Il6in the jurisdiction OF this court: or
1fn4 mere expectation of liquor Ia Alas
\ constitutes g sofaplete crime, then the
BASEMENT is bad for dupiicity. as It ae-
sN the defendant of the offease OF ex-
Easting liquor Ia Alaska ana the aid.-
baAi ofysnse OF importing liquor into
h<ka, all in one count. IL IL true that
sim 1855 Revised Statutes does not OF
eR prohibit the expectation az liquors.
8 ser 70 restrid and regulate. ar 10
SSshibit such 'erortatios % the same
fln any other tyrt or place In the United
9se~ when destined 10 any port or place
II that tesrltay,' and so far ss ] am
Ih%ised the PRECEDENT did not prior to
ze 81 issN, attempt IN make any regfifa-
IA prshlhi,insthe expectation ~ liquors
ysa any plae In The United States 20
AKA and infny opinion &c must te con-
eed that the Indictment does not t.lega
= esmrnisslsa OF acts wholly within this
lisa which q themselves constitute an cf-
siset State at the date which this in
yvment specifies as the time Of the com
es4on II ne offenss. But Ii Is ny cpin-
n that tp indictment charges but enc
6sHse afa that all OF the acts alleged
Esto expsting 10 Alaska and iuspo. ting
nc Alassc, arr essential Ia be proved as
eEsinuins aets constituting an sgaasa
Ranrned IN the district uf Washington
a. constructed In Alaska. The grava~
~ tie ofenso is IN the introduction Of
~ .ei Epsrfs into Alaska because ths
Irrose OF tie aw ia Ia prohibit the syt-
.staeslen c Intoxicating liquors into that
eeescs. hsi the procuring and Shipping OK
y hquorsaith the unlawful intent - In
A3ice az same infn Alaska Is f.art az
- srecisatia1 ~ fAe transa effn. con-
Gnting ne crime charged. Ofenses corr
LMrs continuing acts committed IN
ADMINISTRATIONS are eogrii Ia bic in
esAsv tsssiietiou within which an overt
~ ha' been committed G1a~ton's
Snlns Law, eth Ed Sec, 80, This rule
IfTar eoal1 hot ne applied In cases ~
~ irtorce within the Jurisdiction Of tire
er' oefore which the often isr Is ar
sxzi, bat ! hoid ts 90 te = sust rola
applied in this case, because the
L. Il made criminal 10y an act az
~ ess which - part 81 the sanrarse
XMas the land. and binding upon al cit
~ aha 3nha aitants ar AL the states. as
IS nnen Inhabitants. @otaurncrs and
seiers In Alaska I hold that every ace
ltrss,s wao attempts TO carry on the
- traffic in Alaska whether commit.
Nthsh the United States ~ IN A,as-
Il ~nseh & link ln connected enaan
NJ. constituting ii completed efyense
Zoe lsw prohibiting sae intYctug tlo:l
kx@ttcktS8U3E LIQUORS into Alaska - "a