Shelp

This appeal is taken from a judgment of the district court of Alaska upon the conviction of the plaintiffs in error (hereafter designated as “defendants”) of the crime of unlawfully selling intoxicating liquor. There are several assignments of error urged by counsel as being sufficient to justify a reversal of the judgment.

1. It is claimed by the defendants that the indictment is fatally defective because it does not negative the exceptions contained in the statute. The language of the indictment, in so far as it relates to this objection, is that the defendants “did unlawfully and willfully sell to Alas *517 ka Indians * * * an intoxicating liquor called 'whisky/ * * * without having first complied with the law concerning the sale of intoxicating liquors in the district of Alaska.”

Section 14 of “An act providing a civil government for Alaska,” under the provisions of which the defendants were indicted and convicted, reads as follows: “That the provisions of chapter three, title twenty-three, of the Revised Statutes of the United States, relating to the unorganized territory of Alaska, shall remain in full force, except as herein specially otherwise provided; and the…