Lott

(after stating the facts as above).

The questiori which this case presents is whether an Indian, who attempts to purchase liquor from another or solicits another to sell him liquor, solicits or incites the other to commit the offense prohibited by section 142 of the Alaska Criminal Code, so as to be liable to indictment and punishment therefor. That statute does not differ in its essential features from the ordinary state statutes prohibit *112 ing the sale of intoxicating liquors, except in the fact that it provides for punishment in the penitentiary for a term not to exceed two years, and therefore, under section 335 of the new Criminal Code ( 18 U.S.C.A. § 541 ), the offense is made a felony. It is uniformly held that statutes prohibiting the sale of intoxicating liquors are directed against the act of selling only, and that the offense is committed only by the vendor or some one who aids him in selling, and that the purchaser and those who aid him in the purchase are not guilty of aiding or abetting in the commission of the offense.

In Wakeman v. Chambers, 69 Iowa, 169 , 28 N.W. 498 , 58 Am.Rep. 218 , the court said: “The sale of intoxicating liquor is lawful at common law,…