New-York tribune., 1910-12-21
rFrom The Tribune Bureau. ]

washington, December 20.
MINNESOTA DIFFICULTIES con-
flict between the liquor interests and the
temperance advocates over the sale Oh
liquor in the greater part OF Minnesota, on
which the President held a hearing yester-
day and will hold another tomorrow, is the
occasion of grave concern to all of Mr..
Tafts friends, who feel very strongly that
the Minnesota delegation in Congress Is
seeking to shirk its responsibilities ana 10
induce the President to make decision
which is fraught with danger. The Presl-
dent, as is his wont, has refused to CONSIDER
the possibility of political injury to him
self, and is considering the subject purely
on its merits, but, in the estimation OF
other members of the administration, even
these are being presented to him in a more
or less distorted fashion by those members
Of the Minnesota delegation who are anx-
ious to retain the good will of both the
liquor interests and the advocates or pro-
hibition. The conflict grows out of the dis
covery by the Commissioner Of Indian al
fairs of certain long forgotten laws which,
if enforced woulc prevent the sale or
manufacture of all spirituous liquor in
about seven-eighths OF the State of Mime
sofa. These laws are actually stipulations
made in treaties with the Indians. whereby
it was provided that the laws of the
United States forbidding the sale and
manufacture of liquor ''in Indian country
should remain in force after the land de-
scribed in these treaties was ceded to the
United States. An effort on the part of an
inspector for the Commissioner of Indian
Affairs led to charges of unjust discrim-
ination, which, In some instances, were
~,
ter to a focus.
EXECUTIVE POWER LIMITED.-There
are various treaties involved. and they vary
in their provisions Some of them provide
that the prohibition of the sale or manu-
facture Of liquor may be suspended by the
President or by Congress; others that such
suspension may be made by Congress alone
and one. which affects a very limited area,
that suspension may be made by the Presi-
dent alone. Over one-ha1f the area affect
ed the President has no jurisdiction, and
there is a knotty legal problem involved
with regard to two-thirds of that area
over which the President is supposed to
have authority. This problem grows out Of
a law of 1863, by which Congress declared
the terms of the treaty of cession cam
celled as the result Of an Indian outbreak
and massacre The whole area involved,
therefore, amounts to about seven-eighths
of the State of Minnesota. Congress can
by statute settle the controversy as to
y-nine-thirtieths of the area involved,
whereas decision of the President cannot
affect more than half, and may affect not
more than one-sixth, of the total area.
Under these circumstances the simple way
of settling the controversy would be, of
course, for Congress to act, but Congress
does not want to act, because action in ac-
cordance with the views Of the Anti-Saloon
League and other temperance organizations
would ALLEVIATE the support of the liquor
men, would seriously embarrass certain
cities which have incurred Indebtedness
with the expectation that the revenue from
liquor licenses would pay the interest and