The Alaska daily empire., 1915-11-17
ASSEMBLY, ACT VOID,
 IT IS HELD

-t-
 William A. Holzheimert as amicus curiae. thls morning filed with Judge Robert w. Jennings. United States District Judge. his written brief ln support Of his position that the Legis- iature Of Alaska had no power to re- duce the oflense of selling, bartering or giving intoxicating liquor to Indians from a felony Go @ misdemeanor Mir. Hoizheimer holds that the limitation in che organic act which specifies that "spirltuous nor intoxicating l- ouors can be sold except under such regulations and restrictions os Con- eress shall provide" absolutely settles tho case as far as selling llquor to Indians is concerned. and prohibits the Territorial Legislature from the exercise of any authority in the mat fer of the sale or liquors to anybody. However. Che organic act does not prohibit the Legislature from regulat- ine Che disposal or liquor by gift ex- ceDt as Is contained thei general limitation which provides that the Territorial Legislature cannot enact laws inconsistent with the Constitu- tion and the laws of the United States" The United States having provided through Congressional en- actmeut that the bartering and giving Of intoxicating liquors to Indians is' a felony. the preteuded Territorial enactment is inconsistent herewith. and therefore invalid. He holds. fur' ther. that Congress has never reiin- ouished les control over the Indians, and that a hundred years of prece- ! dents establish its concern is to pre- vent che Indians from getting liquor ! md not how they set it
 The opinion In fun follows.
 To the Honorable Robert w. Jen- nlngs
 Judge Of the District Court for the District O, Alaska. at Juneau.
 Pursuant Go your request ]. amicus curiae. herewith submit the following for your consideration.
 Query
 Has Che Legislature of the Terri : tory Of Alaska. under the organic net or otherwise. the power or authority . to pass any law or laws affecting the liquor traffic with Indians provid- : Ing penalties therefor
 The organic net. in the Political Code. Sec. 416 thereof. at pg. 2I0 Of the Compiled Laws of Alaska pro | vides as follows.
 "The Legislative power oi the
 Territory shall extend to all rightful subjects of legislation not
 inconsistent with the Consttu-
 tion and the laws of the United
 States srsse nor shall spirituous nor intoxicating liquors be manu-
 factured or sold except under such
 regulations and restrictions as
 Congress shall provide '
 What has Congress provided govern ! ing lhe sale Of liquor especially with : Indians2 The Criminal Code. Sec ! 2o22 thereof at pg. GIT of the Com : piled Laws of Aiaska provides as fol- ! lows.
 @That if any person shall. with
 out Che authority Of the United
 States. or some authorized oiii-
 cer thereof sell. barter or give to any Indian or halfbreed who lives
 and associates with Indians. any spirituous. malt or vinous liquor
 or intoxicating extracts, such per son shall be fined not less than one hundred nor more than five
 hundred dollars or be imprisoned
 in the pcu,tentiary for @ term not
 to exceed two years"
 Similar in terms-29 Stat. 5o6 co. Sl. An Act to prohibit the sale Of. Intoxicating drinks providing for pen allies therefor. and tLe other purpos- es. approved January 90. 1897 says;
 Any person who shall sell,
 give away. dispose or barter any
 malt. spirituous or vino-s liquor
 to any Indian including mixed
 bioods. over whom the govern
 ment. through the departments
 exercising guardianship shall be
 punished etc."
 Before you can enter upon fair and intelligent discussion Of this sub feet. we mrst first understand what were the powers of Congress relative to the sale Of iiquor- to Indians and what vc5 intended whom they pro hibited the Indian from getting in- toxicating liquors in other words. what was the crirne eimcd at
 First. Congress has plenary pow CTS.
 Second. The absolute suppression Of the liquor traffic with Indians and thoir prorervatidR
 Third Having pienary powers they never intended under an authorities
 CConf.nued on page D. PRINCESS SOPHIA TOOK