The Daily Alaska empire., 1934-08-06
MISSTATING FACTS.

few days ago the Board of Liquor Control, at the suggestion of the Juneau City Councils legal representative adopted regulation specifically authorizing City Councils to pass regulations trolling the liquor business within their borders providing such regulations did conflict with those promulgated by the Board Ths action moved the Chronicle of Ketchikan, early and persistent critic Of the Board to remark that "henceforth municipal governments will be allowed latitude in setting up regulatory programs governing the sale and distribution of liquor within the muni- cpaly"
 Any grammar school pupil of average intelligence who has read the regulation in question will readily recognize that for misstatement of fact. It has been the contention of the Board at all times that the municipalities from the first empowered to pass police regulations controlling the sale and distr- button of liquor within municipal bounaries While MT Faulkner legal adviser to the local City Council has expressed a doubt whether the Council without specific authority could enact any ordinance cover ing this subject, such a theory was never enter tained at Ketchikan. The City Council there was prompt to enact one. Its authority to do so was never questioned by the Board has it been challenged in a court of competent jurisdiction. The Board in adopting the regulation asked for by MT. Faulkner, did so to clear away any possible doubt, but it specifically limited the power of the Council to regulations which do not conflict with
 
 the whole Territory
 The local City Council desired to empower it's Municipal Court to handle cases involving infrac- tons of the regulations of the Board. It properly felt that inasmuch the cost of policing is de- frayed by the municipality any fines imposed upon violations should go into the city cash box rather than the Federal treasury as would happen should prosecution be had in the United States Commis- sioners Court It was advised the Municipal Court without authority in the premises unless it was specifically bestowed by ordinances; it was further advised that doubt existed to the Councils power to enact an ordinance on the subject in the absence of specific direction from the Board of Liquor Control in which is reposed by statute the sole authority to regulatesthe liquor traffic And while the Board believed and still dogs, that the general power of the Council was sufficient to cover the situation acceded the local request municipalities to act, which Ketchkan and several other communities had already done.
 
 Naturally the Board is in no position to enforce any of it's regulations There Territorial police force of any kind. The law which created the Board does not carry any provision for enforcement nor any funds to be used in organizing an enforce ment body of officers Municipalities, which receive 50 per cent the revenues accruing from the traffic within their borders have peace officers regularly employed and who and ought to enforce the regulations The cases arising from arrests made by them can and ought to be tried Tn Municipal Courts That is the essence of home rule It cannot he expected that the Chronicle would understand or appreciate that side, since It has consistently