The Daily Alaska empire., 1939-02-02
CAN ALASKA PROHIBIT SALE OF
 LIQUOR TO NATIVES?

Reported out of committee of the Territorial Senate with a recommendation that it pass is bill to prohibit the sale of intoxicating liquor to the Indian Eskimo and Aleut residents of Alaska.
 Federal laws already prohibit the sale of intoxi- cants to Indians who Federal wards, that is, Indians.
 The question being asked inside and outside the Legislature is whether the Territory legally im- pose such a prohibition on large class of citizens Is this class legislation?"
 The answer, competent legal authorities say is no
 There are number of court rulings available on the subject. Among them the following
 And such statutes prohibiting sale of intoxicat- ing liquor have been held to apply to Indians who are citizens of the United States and of the State 31 C. J. 535 Gn27
 In a case in which the Indian Simeon Hallowell was claimed to be citizen of the United States, the U S. Supreme Court said It is result of the recent cases decided in this Court that the mere fact that citizenship has been conferred Indians does not necessarily end the right duty of the United States to pass laws in their interest a dependent people" Hallowen vs United States 22l U. s. BIT, 55 L. Ed 750 at 753
 Again the Court said Thus, prohibition like that before us, if covering entire State when there only few Indian wards in a single county, undoubtedly would be condemned as arbitrary. And
 
 become imperative when in regular the h. dans affected completely emancpated from Fed eral guardianship and control A different view in either case would involve unjustifable encroach- ment upon power obviously residing in the State. On the other hand, it must also be conceded that in determining what is reasonably essential to the protection of the Indians Congress is invested with wide discretion and it's action unless purely arbi- trary must be accepted and given full effect by the Courts" Perrin United States 232 U s. 478. 5s L. Ed. 691
 "The Legislature might vadly prohibit the sale of intoxicating liquors those classes of persons who peculiarly liable to be injured demoralized by their use such minors. habitual drunkards, and persons already under the influence of liquor" 8 c. J. 514 fn.28
 The Washington State Supreme Court said "A person born of an Indian mother and white father who is citizen of the United States, taking his civil status from his father nevertheless Indian Of mixed blood, within such statute" State vs. Ncos 112 Pac. (Wash) 269.
 In another case the same Court said: "A State statute prohibiting the sale of intoxicating liquor to Indians is valid exercise of the police power within the States power to prohibit the sale of liquor to classes of persons peculiarly liable to be injured mor ally physically by use Indians being within such classes" State vs Mamlock 109 Pac (Wash) AT.
 
 consttutonaty of the proposed measure. Introduced by Senator c H. LaBoyteaux of the Fourth Division it provides penalties of from $00 to $500 50 25C days for the first offense and $250 to 5000 four months to year for subsequent convictions. The person punished, of course would be the who sells, barters gives the liquor to a Native The proposed act is directed against the Natives them selves.
 Alaskans seem to be agreed that some measure such this is necessary. Governor Troy dealt witf the problem in his message to the Legsa ture. His sta tement was in part follows:
 '"One of the most yexatious problems with which faced is the matter of sale of liquor Indians There is demand all the Territory and iron the Interior that an effort be made to reduce the quantity of liquor consumed by Indians Experience has taught that too much liquor is bad thns for anyone and especially bad influence upor Indians It exctes primitive natures fills our court with Natives who without liquor would not be crim inals. It is not my desire to foster paternalisn in attitude toward the Indians to discriminate il any way against them but necessity is demanding certain paternalism far the liquor question i concerned"
 This attitude is echoed throughout the Territor! and apparently is held by Legislators The presen session should workable act to correct the evi written into our statutes