The Alaska daily empire., 1915-11-17
ACT IS
 VOID, IT IS HELD
Ccon,inued from Page lJ

(Continued from pngo lJ to gIye up supervision and control over the Indians with reference to Che trafiic oi liquor with them and Congress has olwaya maintained O sort of guardianship over them in this particular
 Fourth: Crime aimed at was the Indian getting Che liquor getting it the harm was done and Congress cared not by what method it was ob- talnod
 With the foregoing as premise we shall see what tho law says:
 lt Is @ well established doctrine that the territories of the United States are entirely subject to the leg islotivo authority Of Congress and not organized under the constitution nor subject to ils complex distribution of the power of government aa the Or gauic Law. but are the creation ox- clusively of the legislative depart ment and subject to it8 supervision and control Under this full and com prehensive authority, Congress has unQuestionably the power to exclude intoxicating liquors from any and all les territories. or limit tho sale un- der such regulations as it may pre- scribe, it may legislate in accordance with the special needs of each local ity. e. g. (Alasl,a) vary its regula- tions to meet the conditions and cir cumstances of the people. e. 8, Cthe lndian)
 SS Cyc. 19S. Idelman ct al vs Unit ed States S6 Fed. 456 (Alaska)
 Tn the United States vs. Miller l05 Fed 944 ,Nevada) gives Q pretty clear idea as to the intent Of Congress with reference to the liquor traffic with Indians and as to how much of O sue pervision and control they intend to exercise over them and it will be not ed that the act of Nevada under which the defendant was Indicted. are simi- lar In terms to our net under the Compiled Laws That act sets out that:
 Any person who shall sell.
 give away. or dispose of any malt
 spiriuous or vlnous liquor to an Indian. a ward of the government under the charge Of any Indian sue
 perintendent or agent. shall be
 punished etc."
 Quoting from Che opinion The
 policy of the Act Is the protec-
 ton of those Indians who are. by treaty or otherwise under the pu-
 pilage of the government, from
 the debasing influence of the use of spirits and it Ks not easy to
 perceive why that policy should not require their preservation from this. to them destructive
 poison. when they are outside of
 a reservation as well as within
 il. The evil effects are the same in both cases.
 It Is a matter Of common know
 ledge that the Indians living in
 their tribal relations are as gen-
 eral rule @ harmless and inoffen-
 slve peopled. friendly disposed to-
 wards the government and Deac.
 able in their relations with the
 citizens in the state But when
 they procure intoxicating liquors
 of any kind they drink to excess
 their ordinary nature and dispo-
 sltion Is at once perverted. and
 their inclination IS to assault and
 injure everyone. without regard
 to race or color. who comes with.
 In thelr path lt would therefore
 be an evasion of the law to say
 @ person could sell or give l.quoT
 Co an Indian because he is not
 ward of the government. it would
 result in creating and encourag-
 ing all the evils that are Intended
 Co be prevented by the policy of
 the Act
 lt can be readily seen from the dii- ferent acts of Congress and the stat ute of the United States that Con- cress had In mind that the crime con. sisted In the Indian getting the liquor no matter by what means he got 1t. as that would make no difference. The suggestion that the giving or dis- posing Of it was simply Q friendly net with no intention of violating the law is no excuse as the intent Is wholly immalerial It Is Che Indian getting the liquor that constitutes the crime.
 Having In mind what constitutes the crime. its effects. Congress has never relaxed It's vigilance. power and control over the Indian anywhere in the United States. While it is ad- mItted that the Indians of Alaska are not wards of the government in the common acceptation of the term, they are. however wards of the govern ment insofar as to the supervision and their control with reference to the liquor traffic
 The United States Express Com pany vs. Friedman 191 Fed. 673 gives complete history of the liquor leg islation with reference to the power of Congress over the liquor traffic with Indians and ] will briefly in the language of the decision set out some of the most important points
 The National power over the sub iect of the suppression of the liquor