Jourden

The statutes of Alaska (section 468 of Carter’s Code of Criminal Procedure Alaska), as amended by the act of Congress of February 6, 1909 (35 Stats. 602), provide for two classes of licenses to sellers of liquor in Alaska: A barroom license, for which the licensee pays $1,000, and a wholesale license, for which he pays $2,000, per annum. The plaintiff in error brought an action against the defendant in error in the court below, alleging that the latter obtained on'November 1, 1910, a barroom liquor license from *771 the District Court for the District of Alaska for the term of one year from that date, but that, without obtaining the wholesale license, he so conducted his business as not only to sell liquors at retail, but at wholesale, and that thereby he became liable for the payment of $2,000, the statutory license fee for selling liquors at wholesale. The court below sustained a demurrer to the complaint, and entered a judgment against the plaintiff in error.

The single question presented on the appeal is whether in Alaska a civil action may be brought to recover the license fee in a case where the defendant has thus violated the law. Those statutes make no provision, either…