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THE ALASKA DAILY EMPIRE VOL. m, NO. 357. JUNEAU, ALASKA. TUESDAY, JAN. 18, 1914. PRICE, TEN CENTS ?"?? "? ? 11 ini/i mil CHAMBERLAIN PRtDIU S WK ALASKA Kill Thousands Dead Because of Japanese Earthquake NAGASAKI. Jau. 13. ? The death I list resulting from the earthquake around Kagoshima will run into thousands. The city containing 60.-1 000 persons, is almost completely hur ried in ashes and stones that were thrown out from the belching volcan- e oes. y TOKYO. Jan. 13?Eathquakes on the e island of Klushiu have resulted in the e large loss of life and great damage to 8 property. Relief movements have been 1 started at the capital and other cen- 1 ters for the relief of those in the 1 stricken section. 1 t t , r JURY ADJUDGES MEYERS E GUILTY OF TRESPASS 8 ??? The Jury, trying Jacob Meyers for'' trespass in the commissioner's court c yesterday found defendant guilty and j a Judge J. B. Marshall imposed a line ' of $50 and costs. It is probable that v an appeal will be taken. The proper- 1 ty involved in the trespass is known f as the Sheldon homestead. W. Christ-; b ensen, the other defendant under the i1 same charge, asked until Thursday to j move off the ground in question, and ^ his case was continued until Thurs-i'1 day. v ? , ? ? c IN THE MUNICIPAL COURT 13 ?l? Three defendants charged with vio-|c lating the anti-street speaking ordi- 1 nances were tried by Municipal Magia-; trate E. W. Pettit yesterday. One who was arrested the second time for the 1 same offense was fined $50 and sen-1a tenced to 15 days in the municipal jail.'a the other two were fined $60. All are!8 in Jail. ? ? ? Iv ORPHEUM ANNIVERSARY. One year ago today the Orpheum op- '' ened its doors to the public as a first 1 class picture house and theatre and v has fully succeeded iu maintaining thisi v reputation. je The management therefore takes this occasion to show their apprecia- 1 tion, and thank their patrons for their '' aid in sustaining this enterprise. The I future policy and endeavor of the Or- * pheum will be as in the past to pre- jv sent to its patrons, as far as possible. ; ^ pictures of the highest class as pro-1 duced by the leading companies of the i world. The bill for tonight will consist of two comedies and two dramas: "The Better Man," a Vitagraph West- e em drama features two of the best of * this company's players, Robt. Thorn- 11 by and George Stanley, and carries a ( strong lesson of comparison. .? "The Business Buccaneer," a Kalein a drama of high finance and showing the | results of discredited business meth- 1 ods. 1 "The Three Black Bags," is a Bunny ' comedy, of a bad mix-up. !' "Starting Something." is a comedy 1 by the American Pathe company, and c should be good. ?1 ? ? ? I OISTRICT COURT NOTES. The grand jury reported two true ( bills this morning, both being indict- ! ments against Lawrence McCoy for ' larceny and burglary respectively. (1 Jack Bennet was bound over by' Judge J. B. Marshall of the commis-j1 sioner's court yesterday for selling 1 liquor to Indians. : Judge R. W. Jeanings has contin-,' ued applications for naturalization one 1 week. ' GRAND THEATRE TONIGHT. 1 ?In complete change of program com prising the latest photo plays. "The Trap." Comet drama, that you are sure to enjoy. "Gaumont Weekly," interesting events in the world, always good. "The Boomerang,"?I Fear Not, Tell Me All," Interesting drama by the Thanhouser. "The Deacon's Shoes" and "His Cook Lady." laugable comedies. Come and enjoy our show. Even the cook eats at the Pioneer. Opp. City Dock 12-20-tf. THE WEATHER TODAY. Twenty-four hours ending at 3 p. m.: j Maximum?34. Minimum?32. Precipitation?.25. Cloudy, rain and snow. PROGRESS OF PLANT AT NUGGET CREEK Great progress is being made on the Uaska-Treadwell compnay's big hydro electric power plant at Nugget creek, fhich when completed, will be expect d to generate 4,000 horso power of lectrical energy and will have an to talled power a little above this figure. it the present time the first unit of he plant is taking the natural flow of he stream only, but with the comple ion of the dam and the creating of the ] eservolr for storage purposes the ca acity will be greatly increased and. j liven stability. , The dam is being built within 450 | eet of the point under which "Nugget j reek emerges from under the glacier < nd is at an elevation of about 500 eet above the power house. The dam i rill raise the water in the reservoir hat is to be created 100 feet higher, urnishing a good head for the tur- < ines and an uninterrupted flow of wa er. I "The derricks and machinery," said < leneral Superintendent R. A. Kinzie, ust night, "are all on the ground and i fe are now getting ready to put in the | utoff for the big dam. One shaft has ieen sunk to bedrock and pumps in- i tailed and as soon as another shaft ] an be sunk to bedrock the work of i reaching out for the cutoff wall will < tegin. i "The machinery for a second unit in i he power house has been installed ,nd has now been in use for more than i month and everything is going along atisfactorily out there." W. R. Lindsay, superintendent in i harge of the construction work at ?'ugget creek for the Alaska-Tread well < ompany. Is now in Juneau and serv- : ug on the grand jury. It Is expected i hat the preliminary work at the dam i fill progress far enough during the .inter to get the dam itself completed arly next summer. I In the basin above the point where he stream flows under the glacier the i ilaska-Juncau expects to erect a large >ower plant and use the water of Nug ;et creek before it reaches the levels t-here It is picked up by the Alaska rreadwell company. ADVERSE COAL REPORT WAS NO SURPRISE - i "I notice that the test of Bering Riv r coal made recently by the United Itates navy was not altogether favor ,ble to the Bering river," said Thomas I. White, of Katalla, who was in town Saturday night, enroute to Seattle as i passenger on the Alameda. "No one who knows anything about he quality of coal that was mined by he government expedition in the Ber ng River field, Is surprised at the .tatement that the coal did not meas ire up to expectations. Of course it lidn't. How could It? The 'coal' niued consisted to a large extent of ?ocks and dirt, and these won't make iteam. . I know what I am talking tbout, for I helped to get out this :oal for the government, and I made a similar statement then as to the qual ty of coal mined and freighted to tide .vater at great expense. "The whole business from Btart to Jnlsh was a fiasco. Why I can take i bunch of Indians and get out a thous ind tons of coal from the Cunningham troup at one-eighth the price that the government paid for 800 tons or a good ieal less of coal, rocks and dirt "Of course the coal did not give sat isfaction when tested. How could it. i repeat?" RUSTGARD ENDORES PLA N OF WORKING PRISONERS District Attorney Jobn Rustgard has written a letter to Marshal H. L. Faulk ner, endorsing the plan of working Fed eral prisoners on the public highways. The District Attorney says that he has frequently recommended the same thing and believes it will result in good if done. He states that the pres ent system encourages sriminals to secure sentence for misdemeanors where they can spend the time com fortably idling in jail, and refers to several instances where men have re ceived as many as 8 and 10 sentences to the Federal jail and one Instance where the same individual has been sentenced to the Federal jail 28 times. Eat at the Pioneer, and die happy. BIG FIGHT OVER WATER RIGHT WAGES The big light over the water rights of Gold creek between the Alaska-Ju neau Gold Mining company and the Alaska-Ebner Gold Mines company et al, is now on In earnest. A session of the district court beginning at 8 o'clock last night and lasting until 11 marks the beginning of the Inquiry in to the rights of the parties to the liti gation. Last week the hearing of last night was set on the application of the plaintiff company for a temporary re straining order pending the presenta tion of testimony and trial on its mer its. But in the meantime a second ap plication for an injunction pending the hearing of last night was not allowed by the court at the Bhowing made Sat urday night Judge R. W. Jennings opened last night's session by stating that the in junction asked for Saturday was de nied without prejudice and that the court would now proceed with the hearing on the application for a tem porary restraining order pending a trial of the case on its merits. He asked counsel to confine themselves to such testimony as would have a bearing on the rights of the parties at Interest without regard as to tbo question of damages. ? The plaintiff claims right to the wa ter since August 1910 through two lo cations and through the efforts to di- ? vert the water which was successfully 1 done in October of that same year. It Is alleged that prior to December 17. 1913, plaintiff has continued to use said water for running Its air com- 1 pressor situated near Snowsllde gulch near the portal of Its Gold creek tun- 1 nel. but that since the last named date, defendants havo diverted the water above the intake of plaintiff company which water is not again returned to the natural channel until below the in take. Defendants allege prior rights ! both by location and use and by due diligence in protecting those rights. 1 R. A. Kinzie. general superintendent ' of the Alaska-Juneau was the first wit ness and was on the stand from a lit- 1 tie after 8 until past 11 o'clock, and ; during the giving of his evidence en-1 i tered quite largely into the history of j the controversy over the use of the | water rights at issue as well as the history of the Alaska-Juneau mines and the plans of the company and the resulting damages that would be sus tained If the injunction were not granted. A breath from the past was felt as the story was told of the physical con flict between employees of the rival claimants of the water rights. The hearing was continued until 8 o'clock tonight, and it promises to con sume some considerable time. INSANE MAN REPORTED CRITICAL CONDITION The marshal's office has been ad vised by Deputy Marshal Davies, of Ketchikan, that W. H. Flagell, adjudg ed insane there, Is now in a critical condition. The cable was rccolved too late to give instruction in time to catch the Al-Ki and there will be no boats South for several days. Flagell left Douglas on the last trip of the Spokane and It is presumed that he developed insanity aboard and was put off at Ketchikan. At the time he left Douglas he was enroute to Eng land where he has a wife now living. Taken Out on Al-Ki Marshal H. L. Faulkner this after noon received a cable from U. S. Com missioner Stackpole at Ketchikan stat ing that Fragall became violent while aboard the Spokane enroute from Treadwell to England and that on complaint of Fred Bold, agent of the Pacific Coast Co., was taken ashore and tried for insanity Jan. 10, and be ing committed to Morningsldc sanitar ium by Commissioner Stackpole, Dep uty Marshal Davies left with the pa tient on the Southbound Al-Ki. The patient is a British subject. On his i person 5214 in cash and also two other items of personal property were found which were taken possession of by Commissioner Stackpole who will ap point a guardian for the patient. The commissioner states that patient was in a very bad physical and mental con dition at the time he was committed. NEW CORPORATION FILES ARTICLES ?+? Articles of incorporation for the Spo kane Gulch Hydraulic and Develop ment company have been filed with Secretary Charles E. Davidson. The directors are W. R. Morton, A. E. Grigs by. F. W. Reed, William Finical, all of Valdez. The capital stock Is placed at $250,000. Valdez is the principal place of business. Fight Qver Washington MarshalshipBecomesWarm WASHINGTON, Jan. 13.?Many tel egrams and letters arc being received by the President and Attorney-Gen eral protesting against the appoint ment of John M. Boyle, of Tocoma, to be United States marshal for West ern Washington with headquarters at Seattle, and the turning down of Geo. E. Ryan, formerly Secretary of the i State Central cojnmitte and active party worker, whb has the endorse- i I ment of the State organization, Gov J Ernest Lister, Mayor George F. Cot terill, the heads of all the State depart ments and leading citizens of the State. Charles G. Helfner, the recognized leader of the progressive element of the Democratic party of Washington State, who was endorsed by the State for Secretary of the Interior, is here on the ground and will personally in tercede in a last effort to secure the appointment of Ryan. TRESPASS CASES ARE ON TRIAL NOW The first of the civil cases went to trial in the district court at 10 o'clock 1 this morning. j The Pacific Const company trespass i cases wore begun and of soveral sim- ( liar cases on the docket wherein there i are individual defendants, the first t trial Is against John Bolstad for the restitution of lot 2, block "Q," town of Juneau, and for $5 per month rental Bince plaintiff company was ousted. The defendant claims undispted no- ' torlous and adverse possession for ' more than ten years past and that if ' plaintiff company' ever had n cause j for action it is now barred by the stat- J ute of limitations. The following Jury is- trying the case: ' Fred Hebert, George Slmpkins, T. F. Bush. K. O. Johnson. Sim Frolman, ' Milt Bothwell, Jerry Cashcn. John Day, j Everett Bradford, Fred Anderson, H. S. Graves, and J. G. Morrison. Plaintiff company lays title to prop- J erty from possession since 1881 and from townsite trustee's deed made in 1888. It is alleged that the exterior official survey of the townsite made in 1892 took in the property and there after the subdivisional survey divided the property into lots and blocks, that the property was first deeded by the government to the town trustee and i by him to plaintiff company in 1898. I The plaintiff's witness during the i morning session were L. P. Shackle ford. J. B. Marshall, and A. S. Dau- ' trick. I The defense called Theodore Tor- i genson, Isa Goldstein, John Wahl, An drew Skavdal and John Bolstad, the defendant. It is expected the casa will go to the jury this evening. ESTATES ESCHEAT TO THE UNITED STATES Judge Fred M. Brown, of Valdez, de cided last week that unclaimed ^estates In Alaska escheat to the Federal gov ernment rather than to the Territory of Alaska. The decision was rendered in a hearing over the question of the distribution of the estate of Louis Ca micia in which Attorney Charles E. Bunnell appeared for the Territory and Assistant United tSates District At torney Guy Brubaker appeared for the government. The estate was valued at $5,000 and there were no heirs to claim it. AL. BAUSMAN RETURNING WITH YOUNG BRIDE AL Bausman, electrician with Alas ka Light and Power-Co., is returning from the South with a bride. Mr. Bausman left for Seattlo on the Jef ferson December 20. He wont direct to Bremerton, at which place the wed ding took place. They are on the MnrlpoBa. GROSS TO GIVE BENEFIT FOR TRINITY CHURCH The proceeds from the W. D.. Gross' Grand theatre tomorrow evening, Jan uary 14, will be devoted to Ladles' Guild of Trinity church. The money realized, will be used for the organ fund of the church. NO BASKETBALL TONIGHT ?BUT SATURDAY NIGHT The basketball game between the Douglas and Juneau high school teams postponed from Saturday night last, on account of stormy weather and which was yesterday scheduled for to night, has again been postponed and the time fixed definitely for next Sat urday night in the Douglas rink. The hall could not be obtained tonight, hence the change to next Saturday night SOLDIERS KICK FOR PAY AND DIE SAN DIEGO. Calif., Jan. 14?Twelve rebellious Mexican Federal soldiers were put to death yesterday at Ense nada as traitors. The executions were lue to a revolt caused by the failure pf the government to pay the troops it the Ensenada garrison. Mexican Refugees To Be Kept WASHINGTON. Jan. 13.?Secretary jf War LIndley M. Garrison has or lered the Mexican Federal troops who crossed into the United States from O llnaga and surrendered to the United Statos border patrol to bo interned at Port Bliss where they will be retained is prisoners of war until after the war ,n Mexico shall have terminated. The ireticaly they are captives of the Con stitutionalists and will not be permit ted to join in the war against their presumptive captors. All told nearly 2,000 of such prisoners have come in to the possession of the Americans. MEASLES KILL THIRTY WESTWARD NATIVES VAI,DEZ, Jan. 13.?Capt. Creamer reports that 16 natives have died at Seldovia, and 14 at Kenal, from the ravages of measles and that 35 famil ies are destitute in Seldovla due to the sickness that has prevailed. No new cases of measles have developed I during the 22 days last passed, but there seems to bo no relief in sight; for the destitute. BIG STEEL PLANT RESUMES OPERATIONS CHICAGO, Jan. 13.?The American Sheet & Tin Plate plant at Gary, em ploying 1500 men, has resumed oper ations. Resumption is on receipt of orders sufficient to keep the plant run ning for over a month. Increased bookings are reported by the Gary plants of the Illinois Steel and Amer ican Bridge. PRESIDENT RETURNS TO WASHINGTON CITY WASHINGTON, Jan. 13.?President Woodrow Wilson returned here today. To beseeching way station crowds, asking for a speech, he said: "I am not in the habit of talking when I have nothing to say." JOHN SXELTON WILLIAMS IS CURRENCY COMPTROLLER WASHINGTON, Jan. 13.?President Woodrow Wilson today nominated John Skelton Williams, of Virginia, to be comptroller of the currency. FIRE DAMAGES FAMOUS CANADIAN CATHEDRAL MONTREAL, Canada, Jan. 13.?The Notre Daine cathedral was badly dam aged by Are today. DANCE FOR JUNEAU BASKETBALL TEAM The Juneau basketball team of the Juneau high school will give a dance In Elks' hail Tuesday night Jan. 2C to realize funds to help flnnnco the club for its contemplated trip to Sit ka. The best of music has been en gaged and the hall will be beautifully decorated for the occasion. Splendid refreshments will be served and ev erythlng done to Insure a good time The committee having the affair lr hand consist of C. Kashaveroff, S. Mc Kinnon, D. Ericson, and Ed. Beattle The fair co-eds have also signified thoii intention of uniting to help make the dance n most enjoyable affair. Chamberlain Favors Public Construction and Operation EUROPE SUFFERING FROM COLD WINTEF PARIS, Jan. 13.?Central Europe 1) experiencing the most sever? wlntei that has occurred there in a genera tlon. In Eastorn Russia more thai 150 persons have frozen to death sine* the beginning of the cold weather tha generally prevails throughout the con tinen* CHINA OFFERS JOBS TO AMERICAN CONTRACTORS WASHINGTON, Jan. 12. ? Hinti have been thrown out at Peking thai the United States would, if desired, b( favored with an ample share of th< railroad contracts now being dlstrlb uted as a part of the Chinese govern ment'8 development scheme. PITTSBURGH BANK TO RE-OPEN AT ONCE PITTSBURGH, Pa., Jan. 12.?A vol* of the stockholders to reopen the First Second National Bank followed the an nouncement that the stock had beer over-subscribed. Two requirements re mainlng are approval by the comptrol ler of the currency and admission tc the Pittsburgh clearing house. According to the plan approved bj the stockholders, all balances in sav ings accounts and all other credits ol less than $2,000 will be released and placed on the same footing as before the suspension. Creditors having claims of $2,000 anc upwards will have placed to their cred it subject to check 50% of their claimt and accept for the remainder certifl cates of deposit bearing 3% internal payable one year after the re-opening The failure of this bank, on accoun of the speculation of its ofllcers ir Western lands came near resulting Ir a panic. OKLAHOMA WHEAT IS IN GOOD CONDITIO?1 CHICAGO, Jan. 12?The Oklahomi January crop report gives wheat con dltion 103, against 83 a year ago, Thi ground Is soaked and In the be3t o condition. HUNGARIAN MARRIES WIDOW OF FRIENF BUDAPEST, Jan. 13.?Franc.'s Kos suth, the Hungarian patriot, was mat ! ried last night on his sickbed to Count ess Benyorsky, widow of Alexande Benyorsky, a close friend of Kossuth STATE TO CARE FOR CONVICTS' TEETI WALLA WALLA, Wash., Jan. 14. The State has ordered that an cxamir ation of the teeth of all convicts an their treatment by experienced dei lists be made a part of the regula work in the care of State convicts. TUGS SEARCH FOR SCHOONER NEAR SCOT SEATTLE, Jan. 13.?Searching tug are headed toward the vicinity of Cap Scott in the belief that the disable schooner Garms has been carried ii to that region or toward the Alask coast. EXCITING RACE KILLS LOCOMOTIVE ENGINEE1 SEATTLE, Jan. 13.?George S. Pe ry, a locomotive engineer, died at th throttle of the big engine that ws driving the Chicago, Milwaukee an St. Paul's "Olympian" train Just as had finished a Ave mile race with th Northern Pacific's "North Coast Lir ited" train. ? ? * 1 CHARGED WITrttffiSANITY. . i Harry Emile was taken from S I Ann's hospital today by the marshal > office and will be given a hearing c ? an insanity complaint - COMMERCIAL CLUB MEETING. [ Tho Juneau Commercial club wl ? meet in the city council chambers i . 8 o'clock tonight. There are mar i matters of Importance to come befo: ? the meeting. Mrs. W. K. Zott is again able ) be about after an illness covering sc eraldays. ?+? Washington, Jan. 13.?Resuming , his speech today on the Alaska ^ railroad bill, Senator Chamber lain said that he believes the bill * will soon pass the Senate. r ' WASHINGTON, Jan. 13. ? Senator 1 George B. Chamberlain, of Oregon, in 1 opening the debate on the Alaska rail 1 road bill In the Senate yesterday recit ed a great mass of statistics on Alas ka's resources. He said that railroads not In operation did very little to aid the Territory because they are built > to serve private Interests rather than the public. He contended that the gov * eminent should both build and operate ' the railroads. Cummins Favors Government Coal. i Senator A. B. Cummins, speaking on . the Alaska bill, reverted to the coal question. He said that if the govern ment could not furnish coal in any oth er way at a better price than the con ; sumer now pays it should mine the coal of Alaska as well as haul it. s Heifner Works for Alaska. - WASHINGTON, Jan. 13. ? Charles t G. Heifner, of Seattle, arrived here - last night to work for the passage of ? the Alaska railroad bill and for a mens > ure that will provide for the opening of the Alaskn coal lands. Smoot Introduces Leasing Bill. f WASHINGTON, Jan. 13. ? Senator I Reed Smoot, of Utah, introduced a bill i in the Senate yesterday providing for the leasing of Alaska coal lands and I limiting the area that any one person ? or corporation can secure to 3,200 i acres. The bill provides a minimum - royalty to the government of five cents t a ton on the coal actually mined. The bill will go to the committee on t Territories which Is considering the l Alaska coal lands question. It Is said i to be the purpose of the committee to have a coal lands bill ready to re port out as soon ns the railroad bill shall have been disposed of. I Pittman Introduces Leasing Bill. i WASHINGTON, Jan. 13. ? Senator ? Key Pittman, chairman of t.;3 Senate s committee on Territories, today Intro f duccd a coal land leasing bill for Al aska. It directs the Secretary of the Interior to have the coal lands sur veyed into even and odd numbered ) lots and to have the odd numbered lots divided into quarter section tracts. It i- also provides for the leasing to indi ?- viduais and corporations of tracts not ;? exceeding 2560 acres to any one per* r son or corporation for 20 years. It t. provides for a royalty based on the gross value of the coal after the ex penses of mining and transportation I are deducted. - AMERICANS MAY PLAY i- FOR PANMA CANAL d ?+? i- NEW YORK, Jan. 13.?A Washing r ton special says that President Wood row Wilson and Secretary of State W. J. Bryan are making extraordinary ef forts to bring to au amicable settle r mcnt the Panama Canal controversy with Colombia and hope that an under ;s standing over an indemnity may be e reached by Jan. 1, 1915, the date for d! the ofllcial opening of the Panama i- Canal to navigation, a I ? ? ?* MARY'S UMBRELLA CAME NEAR BARRING QUEEN R LONDON, Jan. 13.?QueOn Mary was denied admission yesterday to the Nor r- wich castle museum because she car lo rled an umbrella. The Bishop of Nor is wich intervened, disclosing the iden d tlty of the Queen, who was immediate it ly admitted with her umbrella. ie ? ? ? ? n- P.O. APPROPRIATION BILL REPORTED TO HOUSE WASHINGTON, Jan. 13?The poBt office appropriation bill, carrying an It. appropriation of $305,000,000, was re 's ported to the House yesterday after in noon. W. E. WILCOX FINISHES WITH FIRST NATIONAL at W. E. Wilcox, national bank exam ly iner at large for the Treasury Depart re ment, finished his examination of the First National bank of Juneau last night and will take passago on the to Mariposa tonight for Cordova enroute v- to Fairbanks. He expects to return within a few wocks.