The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-13
COURTS AND ALASKA Whisky
question or FEDERAL POWER TO
thy LIQUOR SHIPPERS.
NF. Lewis Claims That Asthortty 81
Cosrt Expired with End OF the
Terrft0Yy-Contends That Press-
Aenf Cannot Enforce Regulations.

lanes Hamilton Lewis in Judge Ham
ford's court yesterday raised the .oFca
point that no court exists IL Washington
with power to try persons for shipping
whisky into Alaska
He aiso raised the point that the press-
den. OF the United States has no FisaL 10
require the trial by any court % the prose
cutior hy any means whatsoever OF per-
sons shipping whisky into AiasSa-
The points were made by him ~ the
hearing BY Judge Hanford or the case or
the bark Emmett Felifz. winch mas Desn
llbeled and the bark sought TO be COINS
Gated and the captain punished for taking
q cargo Of whisky from Por, Townsend 10
Wrangel. Alaska.
Bofl, points dy In the face OF congress
siosai regulation and Lewis doesn't mind
that. In fact. his contention In court wss
that. while congress by an act passed IN
12s had directed that the president conTFo!
the Alaska whisky traffic by executive or
ders. such an attempt 10 vess such power
IN the president is unconstitutional.
Judge Hanford recognized the novelty or
Mr.. Lewis argument and took the matter
under adviscment until 10 O'Clock this
morning.
The Emmett FeliZ case came UP for
hearing In the Federal court yesterday
forenoon Attorneys Preston. Carr and
Gilman were associated with Congress
man Lewis in the defense. District Attor-
ney Gay conducted the prosecution for the
government Ar. Lewis made his inter-
esiing points al the outset Of the hearing.
His first contention was with reference
TO presidential authority.
The second contention ~ the politician
attorney was that congress has no right 10
prescribe punishment for the shipping of
whisky or any commerce from any one
point In the state To another point in the
same state though bound TO another state
or territory. and that therefore certainly
the president could not have such power by
. regulation.
The third contention involved the jurs-
diction OF the local Federal court. The ar
gument was that as the district court of
the territory was the court to which the
act OF congress gave jurisdiction TO try
such cases. such court had died when the
state was formed. and, az no power had
been vested In the new United States court
for the new state to try these cases. there
was now no court TO take jurisdiction of
the acts until congress should enact Law
covering the deficiency.
United States Attorney Gay and his as
slstant. Col. Claypool, replied to Lewis
contending that they did not think the
cases referred to BY Lewis to establish his
points were sufficient 10 establish those
points. Col. Ciaypooi, however stated that
the points were new and requested time
TO review them before making his answer
The jurisdiction OF the court had never
before been questioned The court accor-
dinghy adjourned until afternoon.
In the afternoon session Col. Claypooi re-
eurnad his argument. He conrended that
inasmuch as the alleged Illegal act Was
completes the moment the whisky was land
I'd on shipboard at this point for Alaska
the court had full jurisdiction under the
section OF the law cited.
Judge Hanford accepted the point OF iur-
isiiction as being new. and stated that the
question as to the power of the president
TO make regulations raised in the Eaton
case, which was referred TO by Lewis. Of
Tered many legal puzzles. He therefore
would take the authorities and the case un.
der Amusement and renSer ruling this
morning at 10 O'Clock
The decision IL awaited with interest by
both lawyers and business men; by the
business men especially, inasmueh as the
upholding OF Lewis point would leave no
court In which the shipping OF whisky Ia
Alaska could be tried until congress sirar
have passed an act especially applicable To
the situation.