The Alaska citizen., 1916-11-20
0F DRY PLEB|SC|TE IS
 VERY UNCERTAIN


 Numerous questions have come up in regard to the getting of the dry law into operation According to the opinion of number of local lawyers, the territorial legislature will have to memorialize congress to pass an act forbidding the manu- facture and sale of liquor in the Ter ritory of Alaska. However, some of them state that there is considerable indefiniteness in the question, owing to the wording of the statute under which the plebiscite was taken and the interpretation of the enabling act
 The statute of the territorial legis- lature under which the vote was taken last fall is found on pages seven and eight of the Session Laws of 1915. The first sections of the act are description of the manner of preparing the ballots and for the counting of them. Section four of the act reads Tn the event that the certificate of the canvassing board shall show that a majority of the electors voting on this question have declared against the sale, manu- facture, barter or exchange of intoxi- eating liquors in the Territory of Alaska, as herein provided, no whole sale or retail license shall be issued for the sale, manufacture, barter or exchange of intoxicating liquors in the Territory of Alaska after the first day of January. 1918"
 Clearly, if a judge of the district court feels, when the time comes to pass upon liquor license. that this statute is binding upon him, then no further action, either by the ter ritorial legislature or congress, is necessary. In other words, the ter ritory will become automatically dry on the first of January. 1918. be- cause there will be no licenses grant ed by the court,
 The effect of the statute given above however, hinges on a section of the enabling act. The act creat- ing a legislature for the Territory of Alaska, after creating the legisla- ture, goes on to define the powers of that body Section 416 of the Compiled Laws of the Territory of Alaska reads: "The legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and the laws of the United States, but '." There Is list of sub jects under this list of exemptions. of which the following is one: nor shall spirituous or intoxicating li- quors be manufactured or sold, ex- cept under such regulations and re- strictions as Congress shall provide" The wording of this provision seems to indicate that congress has kept to itself the power of legislating on the liquor question. However, it is not certain that congress only means the right to pass on liquor licenses. and not on the question of the entire restriction of the trade. Here it is question of interpretation of the meaning of the act, and can not be definitely settled until some judge passes upon it in granting or refus- ing to grant license that comes under the act of the legislature. How ever, it is on this section of the Laws of 1913 that the lawyers base their opinion that the final power of passing on the question rests with congress-
 However. as the territorial legis- lature will very likely memorialize congress to pass an act in accord ance with the plebiscite. the matter will probably be definitely settled before there are any licenses asked for that come under the law of 1915. The plebiscite had no power to enact law, for there is no power of mi tiative and referendum in the terri tory. It merely gave an expression of the will of the majority.