52E ’ FEDERAL REPORTER. ’
In some states statute provisions have been made conferring on
bail the power of arresting the principal, even after forfeitures, and
surrendering him to the court before final judgment on a scirc facias.
As the judgment in this case was joint, the execution must follow
" ` the judgment, and cannot be issued against a dead man’s estate until
his personal representative has had a day in court. I therefore direct
` a scirefccics to be issued to the personal representative of the deceased
principal, returnable to next term. When such scire facics has been
duly served or returned, I will hear evidence and consider the question
of remitting or modifying the forfeiture in accordance with the provis·
ions of section 1020 of the Revised Statutes. ·
V _ Uurrnn Srmms v. Srnrnmus.
(Oircuit Uourt, 1). Oregon. May 15, 1882.) `
1. Srmrrs mn WINE—INTRODUCTION or- mrro Anasxs. i  
By the act of March 3, 1873, (17 St. 530,) the introduction, of spirituous liquors
and wine into Alaska is absolutely prohibited, subject to the power of the war
department to permit such introduction for the use of the army therein ; and,
scmble, that section 2 of the A.laska· act of June 27, 1868, (15 St. 240; section
, 1954, Rev. St.,) which gave the president " power to restrict and regulate or to
prohibit the importation and use of * it * distilled spirits " into Alaska, is
still so far in force, notwithstanding the passage of said act of March 3, 1873,
as to authorize him to permit the introduction of A said spirits, but not wine,' as
a regulation of the subject., . ' . .
» 2,. Arrnmrr ro Inrnonucn Srznrruous Liquors mro Anssxs. V V "
V By section 20 of theact of June 30, 1s34, (4`St. 729,) extended over Alaska by
  the act of March 3, 1873, supra, it `was mnde a crime to attempt to introduce
spirituous liquors or wine` into Alaska. Held, that a person resident in Alaska
. who ordered 100 gallons of whisky to be shipped to· him at,Alaska, by a whole-
sale dealer in- San Francisco who had the whisky-on hand and for sale, with
intentto introduce the same into Alaska, was not guilty of suchattempt, be-
· cause he haddone no act to accomplish his illegal intent of which the law will
take cognizauce; the offer to purchase the liquor, and even the purchase itself,
being acts preparatory and indifferent in their character., V ¤ » . V
3. SAM};. _ I p _ _ ( ,
Semble, that a criminal attempt to introduce liquor into Alaska cannot be
r committed unless the act done in pursuance of the illegal intent isperforined
_ after the liquor is brought sonear somepoint or place of " the main-land,
islands, or waters " of the district as to render it convenient tointroduce-it
from there, or to make it manifest that such was the present purpose of the
parties concerned. ’ Y ‘ ’ e "
t Information. V I   ·