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The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, January 30, 1913, Image 1

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THE ALASKA DAILY EMPIRE
VOL. 1, NO. 74. JUNEAU, ALASKA, THURSDAY, JANUARY 30, 1913. , PRICE TEN CENTS
BONDSMEN MAY PAY A LARGE SUM
I
Two Conflicting Indian
Titles On the Waterfront
Title to the site of a million dollar
mill rests on the planting of a little
round turnip seed. This phase of a
very important law suit was brought
out in the hearing before Judge Over
field last night on the petition for a
temporary restraining order in the
case of H. ('. Strong vs. Alaska-Ju
neau Cold .Mining Company. The case
arises over conflicting Indian titles,
or claims to the land in question. It
has b? .-n the accepted belief that an
Indian title is about the best ever,
but, if the abstract is imprinted only
on a failing memory, or tied with rib
bons of family tradition, there is
roou. for doubt.
The land involved in this suit is
just below the Shattuck mill, and in
close proximity to the mill site de
velopments of the Alaska-Juneau
.Mining Co. The defendants are now j
in actual physical possession and are;
driving piles in the tideland part of
the property in dispute.
H. ('. Strong." the plaintiff in the
case, claims title through purchase
from Frank Booth, the son of Jenny
Booth, daughter of Amatina. an In
dian. whom it is alleged settled upon
the land in ISM.
Defendants claim title through pur
chase from Ye-Toe-t'olic. better known
as Auk Bay Jim. whom it is alleged
settled upon the land in f$Sl.
It is admitted by both sides that
Ye-Toe-Colic and Amatina were broth
ers and it is also admitted by both
sides that they occupied the land to- j
gether. living in cabins closely ad
joining Other than this their stories
are absolutely contradictory. Plain
tiffs allege and attempted to prove
that Amatina settled upon the land
first: that he marked the metes and
bounds of his domain; that he rolled
stones away, building a boat way for
his eano s: that he built a break
water to protect them from storms:
that he built the cabin he lived in
and other buildings; that the brother
was allowed to come and live in a
cai in adjoining, that before he died
he sent for his grandson. Frank
Booth, at school in Salem, Oregon, to
come and take care of him and that
when he died the property was left
to Booth. the direct heir.
Plaintiff's evidence consisted of rec
ori!.* showing Amatina's title was re
spected in the making of contracts
and direct testimony from W. J. Har
ris. Sam Kohn. Frank Booth. Grover
Winn and Allan Shattuck. Harris and
Kohn testified to the early settlement
of Amatina; Booth gave family his
tory from his earliest memories and
asserted that defendants had had"- ne
gotiations to buy from him before
ie sold to Strong. Grover Winn gave
a statement about the question of pro-!
hating the case and told of nego
tiations between Booth and the de
fendants. Grover Winn was Booth's
attorney. Allan Shattuck said that he
represented H. C. Strong, and had
made the purchase for the latter who
wanted to build a dock for his steam
ship company.
Defendants allege and attempted to
prove that Ye-TOe-Collc, was the orig
inal settler on the ground in 1881;
that he built the cabins and cleared
the boat ways; chopped down the
trees and built the breakwaters; that
he set out stakes and monuments to
mark the boundaries of his domain;
that he allowed his brother, Amatina.
to build a cabin adjoining and live on
the land. John G. Held was the first
witness for the defense. A1 Wilson
was the next, after Wilson came Mrs.
Young (Indian) who testified through
interpretor (Mrs. Ole Orsen) that as
a little girl she played down the beach
on the land in question and that Ye
Toe-Colic lived there. Anna Kla
hash also' gave positive testimony
along this line. Then the defense's
mar witness, Ye-Toe-Colic himself,
(ook the stand and told with many
simulations how he had settled on
die land, cleared the stumps and
rolled the stones away; built the
breakwater for his canoes and the cab
ins to live in. It took him four years
to clear the land, then the Hydah girl,
who lived with him, planted turnips
in the soil. His brother. Amatina, af
terward came to live on the land. He
only let him live there.
At the close of Te-Toe-Colic's testi
mony court adjourned and the case
was continued until tonight.
TAYLOR CASE GOES
TO THE JURY
The defease placed Floyd Winter on
the stand yesterday afternoon in the
Irene Taylor case and offered photo
graphs taken by Winter, showing the
condition of defendant's body as a
result of the beating she had been
subjected to at the time of the trag-;
edy. .Mr. Winters said that owing to;
the nervousness of the subject the'
color effects were lost in making the
photographs. Dr. L. P. Dawes, who
had been a witness for the govern
ment. was recalled to testify for the
defense. Dr. Dawes finished his di
rect testimony for the defense this
morning. W. G. Thomas was recalled j
for further cross examination by the'
defense. Marshal Faulkner then testi
fied for the defense and the defense
rested.
The prosecution called Knute An-'
derson. Lillian Wayne. Jailer Vreatt,
and Marshal Faulkner in rebuttal, and
then rested.
Assistant District Attorney Nve be
gan his opening address at 11 o'clock.
Defenat's attorney. Z. R. Cheney,
spoke for about twenty minutes be
fore noon and about as long after |
court convened at 2 p. m.
Assistant District Attorney Nye be
gan his closing argument at 2:20 and
was still talking at three o'clock. It
is expected that the jury will have
the case by 4:30.
APPLES?For sale. $1.00 a box by
A. Olsen. Hoff cottage, east of water
tanks. 2t.
A NEW CORPORATION
Articles of incorporation have been
filed in the office of Secretary Distin
of th" Heidelberg Liquor Co.. the in
corporators being Harry Goldenhar.
J. B. Peyser and Robert Kemp. The
company will open business in the
Miller building on Front street, which
:s to be completely remodeled.
Judge J. R. Winn, who has been in
Seattle for the past three weeks will
return on an early steamer.
NO CONTEST
TOR THE SEAT
Judge R. A. Guunison today an
nounced that there would be no con
tebt ov. r the seat in the Legislature
which the returns show as belonging
to L. V. Ray. The published state
ment that there was to be a contest
on the part of George E. Baldwin is
a mistake.
Judge Gunnison said that he was
preparing a letter on the subject and
a- soon as it was completed that it
would be forwarded to the canvassing
hoard.
Governor Clark says that the can
vassing board would take no cogniz
ance of election contests. The board
will canvass the returns and issue cer
tificates of election according to the
official returns. All matters of con
testing will be settled by the legisla
tive body itself.
FUNERAL OF LATE
DANIEL KENNEDY
The funeral of the late Daniel Ken
nedy occurred this afternon at two
o'clock; services being held at the
I'atholic church. Reverend Father
Brown performed the solemn cere
mony of the church. There was a
very large attendance.
The *87 Pioneers who were in town
attended in a body. Sam Kohn was
marshal and J. P. Morgan flag bearer;
the bell ringers were Tom Symonds
and Fred Lewis. The pall bearers
were: Wm. J. Harris, Thomas Ashby,
H. SakalofT. Jack Dalton, Alex Atkin
son. and E. J. Margerie. Intermeni
was in Evergreen cemetery.
Secure your tickets now for th(
J. H. S. BAND CONCERT at Burford's
Post Office Store, and R. P. Nelson's
They are going fast. t.f
The Dally Empire delivered in Ju
neau. Douglas and Treadwell for $1.0C
| a month.
(He Waived
Extradition
News has been received here to the
effect that Joseph McDonald, recent
ly indicted by the grand jury on a
charge of murder, on Dec. 23, last,
i wrote to Attorney-General Wlcker
; sham, Ambassador Henry L. Wilson,
at Mexico City, and the Mexican am
bassador at Washington, stating that
he would waive extradition. He also
said that he would appear here at any
time that the government was ready
for trial, and that if the government
feared he would not come they could
send an ollicer for him. This the
Washington authorities decided to do.
| and Special Agent J. P. Warren was
sent to Guanajuto. Mex? to bring Mc
Donald to Juneau, as told in a Seattle
dispatch to The Empire on Tuesday,
last.
MORE TROUBLE
EOR L. R. GLAVIS
SACRAMENTO, Calif., Jan. 30.?P.
C. Dezendorf, special agent of the In
terior Department, has wired Secre
tary of the Interior Walter L. Fisher
advising him to hold up all lieu land ,
claims In California, which are now
in question, and especially those filed
by Louis R. Glavis, former secretary
of the California Conservation Board,
on behalf of the West Lumber Com
pany, and other big concerns.
JUNEAU HIGH SCHOOL
BAND CONCERT
Tomorrow night the Juneau High
School band will give their benefit
performance at the Orpheum theatre.
Every night for the past couple of
week the boys have been training dil
igently for this event and an enter
taining program has been arranged.
Manager Spickett says that a sur
prise has been planned in the way of
vaudeville: besides these two fea
tures there will be choice reels of
pictures during the resting periods.
BUFFALO BILL
The Orpheum will put on Buffalo
Bill tonight. They are said to be a
very high class production.
COMMERCIAL CAFE'S NEW
DINING ROOM TO OPEN
The Commercial Cafe will have the
new dining room in use tomorrow
morning and the new lunch counter
will be installed in the dining room
now in use.
.Manager Warren wishes to dispel
the idea that the Comercial is a high
priced place to get meals at. The av
erage price of meals Is 35 cents.
|
HOUSE MUST PASS ON
GRANDFATHER LAW
OKLAHOMA CITY. Okla., Jan. 30?
The House at Washington at its extra
session next spring will have to pass
upon the Grandfather law of Oklaho
ma. This law. the authorship of which
is accredited to Senator Gore, denies
the right of suffrage to those who can
not read, write and interpret any sec
tion of the State Constitution. Many
negroes are disfranchised by it.
The matter will come before the
House incidental to a contest by John
J. Davis, of Chandler for the seat of
Representative Bird S. McGuire, of
the First Congression District. If the
House upholds this law Davis, who
was the Democratic opponent of Mc
Guire in November, will be seated, it
is assumed. On the returns McGuire's
majority over Davis was 579.
The contestant's petition, a copy
of which has been filed with Gov.
Cruce, charges that McGuire, State
Chairman James A. Harris and United
States Attorney Boardman. of the
Western District conspired to permit
disqualified negroes to vote by inti
midating election officials and prevent
t ing their enforcing the provisions of
i the Grandfather law by sending out
, letters bearing the signature of Board
? man. advising election officials that
: enforcement of the law would subject
them to prosecution under the Federal
Constitution.
NOTICE TO SUBSCRIBERS.
Any subscribers to The Daily Em
pire not receiving papers regularh
? either by carrier or mail, will confei
i a favor by promptly notifying The
Empire office.
Wilson Says he Will hold
No More Conferences
TRENTON, N. J., Jan. 30.?Presi
dent-elect Wilson announced today
that he would hold no more confer
ences until after his inauguration. Gov
ernor Wilson has consistently re
fused (o give any information as to
the personnel of his cabinet but it1
is known that he lias practically made,
his selections.
Governor Wilson also stated In mak
ing the announcement that he would
hold no more conferences, that his
time would be fully occupied in pre
paring his inaugural address, and in
making preparations for the special
session of Congress.
Cost of Mining Coal
By the U. S. Government
WASHINGTON, Jan. 3.? Evideuce
brought out before* the House Com
mittee on Naval affairs, shows that
it has already cost the government
a ton to mine 850 tons of coal in
the Bering river district. The coal
was taken out of the Cuningham
claims on Trout creek.
The committee has further learned
that five years ago 1. P. McDonald,
who then was developing a coal claim
on Bering lake, offered to supply the
government with 2,000 tons of coal
delivered, at six dollars a ton.
ATTEMPT TO CONFIRM NOMINATIONS
WASHINGTON, Jan. 30.?The dead
lock in the* Senate over the confirma
tion of the nominations of President
Taft is still on. ^
Vesterday afternoon the He publican i
members failed in an attempt to force j
-
another executive session for the pur
pose of confirming the appointments.
The vote was a tie, Senators Bristow,
of Kansas, LaFollettef of Wisconsin,
and Poindexter, of Washington, voting
with the Democrats.
SICKLES SCORED BY I
ATTORNEY GENERAL
ALBANY, N. Y., Jan. 30.?Attorney I
General John I). Carmody, replying to i i
M rs. Longstreet's proposal to raise i
coney to pay off the defalcation of
General Daniel E. Sickles, says that <
the fame of General Sickles should11
not be made a cloak to hide the theft <
of the funds of the Gettysburg monu
ment commission.
MOONEY RELEASED <
LEAVENWORTH; Kas.. Jan. 30. ? I
Fred J. Mooney, of Duluth, Minn., an- '
otlier of the convicted dynamiters, has
been released on bail.
DO NOT WANT
ARMY ELUNKEYISM ;
(
WASHINGTON, Jan. 30. ? Despite i
iho personal appeal of President Taft i
to have Congress detail a colonel of
the army on his personal staff, the i
House repudiated such a request. !
chairman Hay, In charge of the Mili
tary Appropriation bill, read in the i
House from a letter from President
Taft asking such a detail.
"Presidents Lincoln, Grant and
Cleveland had no such details," said 1
Representative Prince of Ilinois, a i
member of the Military Comittec "I
do not see the necessity for such a
detail and I make a point of order
against the amendment. Such a law,
in my opinion, smacks of flunkeylsin
in the army and 1 am opposed to it."
The amendment went out on the
point of order.
LAWYER HATT IS
SENT TO PRISON
ALBANY, Jan. 30.?Samuel S. Hatt,
a lawyer and prominent church work
er who was charged with converting
to his own use about $104,000 of trust
funds, was sentenced today to serve
>?ot more than thirteen years and nine
months nor less than nine years and
nine months. He pleaded guilty to
two of five Indictments alleging grand
larceny and forgery.
KILLED IN OPIUM RIOT
SHANGHAI, Jan. 30.?Two persons
were killed and many wounded in an
: opium riot here yesterday. Officials
:f the Shengtu and neighboring dis
tricts were patrolling with a military
escort to enforce the order prohibit
'ng cultivation when they were set up
? on by a mob of a thousand. Both
? sides fired several volleys.
? Phone your subscription to The
Daily Empire. Phone 3-7-4.
REBELS AIIACK
CITY OE JAUREZ
EL PASO, Jan. 30.?Northern Mex*
co is again ablaze with revolution,
md the city of Juarez for the luBt two
years alternately occupied by fed
?rals and government troops, is
igain invested by fifteen hundred reb
?ls, under the command of Generals
Balazar and Hojas.
The government has a large garri
son in Juarez, but the defenses of the
;lty are not strong.
DEMOCRATS TO HAVE
MAJORITY OE TWO
WASHINGTON. Jan. 30. ? Should
:he Illinois legislature elect one Dem
ocratic Senator as now seems likely,
the Senate after Mar. 3, will composed
of forty-nine Democrats and forty
seven Republicans. The majority is
3light, but it is sufficient to give the
Democrats control of that body, with
a. vote in reserve in the case of a tie,
by Vice President Marshall.
CHICAGO HOTEL BURNS
AND FOUR PERISH
CHICAGO, Jan. 30. ? Afire which
broke out in the Marco hotel in this
city destroyed the building and four
persons lost their lives.
MAN THREATENED TO
BLOW UP THE TOWN
KANSAS CITY, Mo., Jan. 30. ?
John Tallberg, a Dane, is in jail here,
charged with dynamiting a railroad
camp. He also threatened to destroy
Kansas City unless he was given
$100,000.
SEATTLE MAN
IS MURDERED
SEATTLE, Jan. 30.?The body of E.
A. Klinger, a local merchant was found
today floating in the bay. Tt is be
lieved that he was robbed and then
murdered and his body disposed of
in Elliott bay.
BEACH APPEARS
TO STAND TRIAL
AIKEN, S. C., Jan. 30.?Accompan
ied by his wife, whom he is charged
with having assaulted here a year age
during a family altercation, Freder
ick O. Beach, a New York million
aire, arrived in this city last night
to stand trial.
Beach has a winter residence ir
this town.
SEAL SHIPT OYSTERS?Fresh w
the local agency?CHAS. GOLDSTEIh
Pribilof Islands Lessees
Violated fur Seal Law
WASHINGTON, Jan. 30.?That the
North American Commercial Com
pany, the lessees of the Pribilof isl.
lands, for many years violated the
law hy killing female yearling seals,
is the charge made against that com
pany in a report just made by the
House committee which has been in
vestigating the fur seal question on
the islands.
The committee urges that the sure
ties of the North American Commer
(rial Company, the estates of tlm late
1). 0. Mills and the late Senator Ste
phen B. Elkins, be proceeded against,
as bondsmen of the company. These
men during their lifetime, subscribed
$500,000 as sureties for the faithful
performance of their contract with
the United States, by which the com
pany has netted millions of dollars.
The report of the committee also
recommends the maintenance of the
closed season on the Pribllof islands
for a period of five years.
PRES. TAPT OPPOSES THE JONES BILL
WASHINGTON, Jan. 30.?President
Tuft in a speech at a banquet given
here last night, by the Ohio Society,
attacked the Jones bill which pro
poses autonomy for the Philippine isl
ands in eight years.
The President pointed to the prog
ress that has been made since the
Philippines became a possession of
the United States, and lie predicted
that should the Filipinio people be
Riven their independence their mater
ia! progress would be destroyed.
THE ILLINOIS DEADLOCK IS BROKEN
SPRINGFIELD, Ills.. Jan. 30.?The
deadlock in the lower house of the
State Legislature has been broken by
the election of William McKinley, Re
publican, of Chicago, as Speaker.
A combination was effected between
the Republicans and Democrats, the
Progressives voting alone. The Re
publicans, it is expected, will elect
the long-term Senator to succeed
United States Senator Shelby M. Cul
loin, whose term expires .March 3, and
the Democrats will get the short-term
Senator, who will succeed to the seat
formerly occupied by William Dori
an r. James Hamilton Lewis, of Chi
cago. will undoubtedly be the Demo
cratic choice.
SHANGHAIED AN I
ARTILLERY MAN
GALVESTON, Tex., Jan. 30.?First
Sergeant Edward Meyers, of the Coast
Artillery, disappeared two months
ago, leaving no trace behind, and it
was believed he had either suicided
by drowning or had been murdered.
A letter received at Fort Crockett,
however, shows that Meyers is still :
alive. He says that he was shang
haied on the Galveston waterfront and
placed on board a vessel and taken j
to Vera Cruz, Mex., where he escaped '
from the ship.
FACTORY GIRLS
RETURN TO WORK
NEW YORK, Jan. 30. -There was a
break in the ranks of the striking gar
ment workers yesterday afternoon,
when 27,000 kimona and wrapper fac
tory girls returned to work. The em
ployers made a number of concessions
including an increase of wages.
PRESIDENT MAKES
MORE NOMINATIONS
I
WASHINGTON, Jan. 30. ? Presi
dent Taft today sent to the Senate
the nominations of I). L. Keyte, to be
Surveyor General of Oregon, and
Frederic S. S. Stratton to be Collector
of Customs at San Francisco. The
latter is a reappointment.
BACK BAY BOSTONESE TO
REDUCE COST OF LIVING
BOSTON, Jan. 30.?A determined
fight against the high cost of living
is being waged by a number of prom
inent residents of Back Bay, who will
soon open a co-operative store, where
food, coal, wood and other necessi
ties of life will be sold.
The decision to enlarge from thirty
to 150 families coines as the result
of the success of the Charles River
Co-operative Store, which is in charge
of Mrs. Joseph Linden Smith, wife of
the artist of that name, of Mount
Vernon street; Henry Copley Green,
of Chestnut street and Matthew Hale,
of Charles River Square.
The co-operative movement among
these Back Bay people grew out of a
i small, beginning launched in the front
? parlor of Mrs. R. A. Cram, where
? boxes of chickens were originally re
, ceived, opened and weighed out for
fashionable neighbors In front of the
i fireplace.
WANTED?To rent furnished house
t in good locality. Address X.Y.Z. Em
I pire office.
LEWIS DENOUNCES
GOVERNMENT POLICY
ci I WACO. Jan. 30. -Colonel James
Hamilton l-owis in an address deliv
ered here last night asserted that the
government's policy of regulating bus
iness had created an army of 46,000
spies.
"It has meant," he said, "the stran
gulation of many noblemen and many
worthy things."
FARM ANIMALS
VALUE $5,500,000,000
WASHINGTON, Jan. 30. ? The
marked value of farm animals in the
United States is shown by a bulle
tin by the Department of Agriculture,
the value of all farm animals on Jan.
1 of this year being estimated at five
and a half million dollars.
UNITED STATES
SENATORS ELECTED
DOVER, Del., Jan. 23. ? Willard
Salisbury, Democrat, has leen elect
d Senator to succeed Senator Harry
A. Richardson, Republican, whose
term expires March 3.
Saulsbury was elected by a major
ity of two votes in the State Senate.
LITTLE ROCK. Ark., Jan. 30.?Jo
seph T. Robinson has been elected
United States Senator to succeed the
late JefT Davis, for the long term be
ginning March 4.
TWO MILLIONS TOR
LINCOLN MEMORIAL
WASHINGTON, Jan. 30. ? The
House today adopted a joint resolu
tion recommending an appropriation
? ?{ two million dollars for a memorial
to Abraham Lincoln, to be erected in
Potomac park in this city.
PRICES OF CROPS
LOWER THIS YEAR
WASHINGTON, Jan. 30.? Uncle
Sam, through the Department of Agri
culture, today produced figures to
show that so far as the average of
prices received by producers for their
staple crops are concerned, the cost
of living has decreased instead of in
creased.
According to a report issued by the
department, the prices of crops on
lan. 1 averaged about 17.2 per cent
lower than on like date of 1912, 6.5
per cent lower than In 1911, 17.3 per
. cent lower than 1910, 5.9 per cent low
? er than 1909 and 7.7 per cent lower
than 1908 on that date.

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