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LIEN LAW MAY I
BE EXTENDED TO ?RATIONS! BUla an.- ponding in the Senate and House that are designed to extend j the miners' Ucu law to dredge opera-1 tiori:j and hydraulic mining. The need tor the new law was disclosed by a decision oC Judge ltandolph Tuck er. Jr.. of Nome, who hold in a suit at law at Nome, in which laborers1 on a dredge attempted to make a lien! for wages take precedence over an at tachment, that the llou law applies only to mining operations whore there is a dump, and, therefore, is not appli cable to dredgers and hydraulic mines. The bill in the Senate was intro duced by Senator O. P. Gaustad, of the Fourth division, in the Sonato. and in the House by Representative \V. W. Getchell. of Nome. The Nome case came up in a cause , where two suits wore brought against one of the dredging companies at Nome -the Silversen-Johnsen Min ing and Dredging company? and at tachments wefis issued against the: amalgam and gold dust that the com pany had extracted. The United, States marshal seized the gold dust and amaiga; 1 under the attachment. Laborers for the dredging company brought suit against the dredging com-1 prsay for wages due, under tho Alaska miners' Hen act. and usked for an In junction against the marshal, pending; the litigation, to prevent the disposal of the gold dust and amalgam that 1 had seized under the attachment. Tho court's decision was on the ap plication for the injunction, and he ruled that the miners' lien law does; not apply in dredger or hydraulic mining. Tho substance ot juuge i uc&ei i? opinion follows: "Briefly stated, tho controversy lies between the statutory laborers' or mir.-. rs' Ilea claimed under Sec. 16-1, and the attachments heretofore men tioned. Because of the rather brief! oral argument of counsel and their failure to cite any authorities upon ? the question presented for its decis ion. the court must assume that this statute has not heretofore been tho subject of Judicial Investigation or decision, and it is therefore left to tho court to decide the point raised! upon the general rules applicable for the interpretation of statutes. It ap pears from the complaint, upon which the injunction proceeding is basedv and by which the defendants were temporarily enjoined from the sale of the gold dust., etc.. by the marshal m pursuant of the attachments, that the plaintiffs were employed on or; about the defendant's mining dredge, in the several and respective capaci ties o engineers. cooks, laborers and dredge-master. It is contended by; th?- plaintiffs or the parties applying for the Injunction that the lien given by See. 161. and which is thereby de-. c.vred a preferred lien over the at-, tac: ments. covers and includes all and < every kind of mineral bearing sands, gru el, earth or fock. without respect; In a dump or mass. and alT gold and sold dust or other minerals thoreln, and all gold and gold dust extracted therefrom; the defendants, on tho other hand, contend that tho Hen at taches only to tho mineral bearing sands, gravel, earth or rock that may have been plied up in a dump or mass, and tho gold or other minerals contained thoreln or extracted there from. Section 164 reads ns follows: "Sec. 164. Every minor or laborer who shall labor in or up on any mine or raining ground for another In the Territory of Alas ka. In digglug. thawing, convoy ing, hoisting, piling, cleaning up. or In any other kind of work In producing any wlnteral bearing sands, gravels, earth, or rock, gold or gold dust or other miner als, or shall aid or assist thero In by his labor as cook, onglneor fireman or In cutting and deliver ing wood used in said work, or In any work In any like capacity in producing the dump, shall, whore his labor is directly aidod in such production, have a Hon upon the dump or mass of miner al bearing snndc, gravels, earth or rocks, and all gold and gold dust cr other minerals thoroln, and all gold and gold dust ex tracted therefrom, for tho full amount of wages for all the time which he was so omployed as laborer iu producing said dump, within one year next precedlug his ceasing to labor thoreon; and to the extent of tho Ihbor of tho said miner or other laborer actu ally employed or expended thore on, within one year next prior to ceasing to labor thereon, and -aid Hen sbttH bo prior to and preferr ed o'.er any deed, mortgage, bill of sale, attachment, conveyance, or other clnlm: whether the same was made or given prior to such labor or not: provided that this preference shall not apply to any such deed, mortgage, bill of sale, attachment, conveyance, or other claim given in good faith and for value prior to the approval of this act. Judge Tucker, in bis opinion said: "While the contention of the plain tiffs is plausible, and founded on what the lawmakers might have done und should have done. If they Intended to deal Justly and llborally or uniformly with the miners and laborers. I do not think that statute is susceptible o fsueh construction. The language of tlie statute, by which we will be gov erned. in seeking the legislative in tent. will not support the contention that the lawmakers Intended to give a lien on all the mineral bearing sands travels, earth or rocks, that may have bt-en loosened up from mother earth r the original ground by or through the different p-ocesses of mining, j such as hydraulic or dredge mining, ?irrespective and independently of the fact that the mineral bearing ands. gravels, earth or rocks have: been piled up or collected in a dump' or muss?for. such is the inevitable '??suit of the plaintiff's contention. Had the lawmakers so intended, they might easily have used some such gen eral and inclusive language as the following: "Every miner or other la borer who shall labor in or upon any mine or mining ground (in, any ca pacity whatever) in producing any mineral bearing sands, gravels, earth or rocks, etc.. to be extracted from the CTOund shall, where his Tabors di rectly aided in such production, have a lien on all such mineral bearing sands, gravels, cnith or roclcs what soever. and on all goll and gold dust or othor minerals therein or which may bo extracted thtrofrom'; or the lawmakers might slmuly have given a ilen upon the undisturbed mining ground ltsolf, or upon the gold and gold dust extracted therefrom. But the lawmakers used no such lan guage. On the contrary, after desig nating tho persons?tho minors and laborers of every description, In whose favor the lien was to attach, they declared In specific and oxcluslvo terms that such persons 'shall have a Hen upon the dump or mass of min eral bearing sands, gravels, earth or rocks, and all gold and 'gold dust, or other minerals thorein, and all gold and gold dust extracted therefrom." "This language clearly designates tho subject-matter of Hen: by tho very terms of tho statute, tho dump or moss Is particularly referred to and there can bo no doubt that the lawmakers Intended to confine '.he Hon to tho minora! bearing sands, gravels, earth or rocker and othor minerals collect The word "dump" Is u term well and definitely known In mining phras eology and operations. moaning the dirt, gravels, rocks nnd sands, pre sumably containing gold, which has been tAken from the mine and plied up or colloctod in a ho&p on tho sur faco of tho groundfneo of tho ground, to be subsequently sluiced Rnd clean ed up and the mineral or gold dust extracted therefrom: such I think, Is tho ordinary and natural meaning of the term "dump." LEGISLATIVE BALL A PRETTY PARTY To the lilt o? supurb music over two hundred couplos dancod as the guosts of the Elks, at tho ball given in the lodge auditorium last evening, In honor of the members and em ployees of the Alaska Legislature. Delegations from Thane, Treadwell, and Douglas attended and returned home at 1 o'clock on a special ferry. The ballroom was gaily decorated j for the event. Streamers of red ; were festooned from tho celling, be ing caught in the center, and the same idea prevailed on the walls. The or chestra was seated on tho stage, be | hind an attractive lattice design, al so in red. A feature of the ball was its informality, although many now gowns mode their first appearance and added charm to the occasion. _At 11 o'clock the Elks' ritualistic toast to "tho absent brothers" was uttered with the singing of Auld Lang Syne. The committee in charge of the i arrangements consisted of James II. I King. H. J. Turnor and A. A. Gabbs. i BUSY MEETING OF COMMERCIAL CLUB ?-C"?? The Juneau Commercial Club held a meeting last night in the city hall, and although it was larger in point of business transacted than in num bers present, it was quite a success- ' ful session. Tho question of taking first steps In securing one of tho experimental mining stations for Juneau and Alas ka, as provided in an enactment of tho last Congress, came up first After somo discussion, a commit tee. consisting of Z. R. Cheny, S. Hirsch. and Ike Soworby, was ap- . pointed by President F. J. Fisher, of the club, to draft a memorial; the memorial to be presented to the Ter ritorial Legislature now in session, with a view to having the Legislature present it to Congress. \ communication from Ropresen- ? tatlve W. T. Burns in regard to his H. B. No. 39 was heard. House Bill No. 39. relating to the establishment of "a bureau of immigration, statis tics and industry for the Territory of Alaska and providing for the main tenance and conduct thereof," was read and endorsed by the meeting. The question of getting out a book let advertising the resources, and so forth, of Juneau and surrounding country, was disposed of by the ap pointment of H. T. Tripp, Tom Rado nich and H. J. Fisher to act as a com mittee, in conjunction with Lafe Spray, who was selected to do the lit- . erary part of the work in getting out a suitable pamphlet It was pointed out that numerous inquiries were coming in to the sec retary of the club. Ike Sowerby, dally and that the most convenient and economical way to enlighten strang ers was to compile accurate statistics and Information which could be re lied upon and not be a matter of hercsay. The unsavory odor arising from the waterfront at low tide, was the sub ject of considerable discussion. The matter of using the tailing from the Alaska Juneau mill to fill up the wa ter front was finally placed in the hands of F. Wolland aud John Reck,, j a committee, to enlist the efforts of the city in that direction. DANCE SATURDAY NIGHT. Turner's regular dance will be given j in the RINK HALL Saturday night, March 27th?62 Rentlemcn and 74 la dies attended the dance last Saturday night. Brace up boys, the ladies have a little the best of it. (25-2t.) R. L. TURNER, Manager. Mr. and Mrs. W. M. Putnam, who have boen in the city for tho past week, loft on the Humboldt for their home in Oakland. They expect to return north to tho Kachemnk Bay country in a month or so where they havo some mining intorcsts. Many People In This Town never really enjoyed a meul until wo advised them to" take a before and after each meal. Sold only Wm. Brltt, Juneau. Elmer E- Smith, Douglas. Concrete Chimney Blocks! DomMo-L/xrk- Fire-Proof- Clinker- C>nrrele Oimner. (NOTCINDER OR COKE.' ot__ 12xM In. F'ue^xSin. 5U** lixll in. " fx* la. Concrete Products Mfg. Co. Next to Cole's Express. I Second Hand Furniture that looks like new | j X at second hand prices. : : : : 1 | WE BUY SELL OR EXCHANGE I | GENERAL REPAIR WORK | | ALASKA FURNITURE COMPANY I Z Second 5 Seward Sts. J. H. CANS Telephone 152 Z EStr-r-^r^rrrvr:.. : rj One Thousand Barrels of High Patent Flour ] Li Carloads best brands of Milfc?Prices R:jjbt~Lovr expenses make [:j |j phone 211. opp.city oock Scandinavian Grocery jj FINE POULTRY "ESTST Full lias fresh and cured meats?COTmunmt InapKt?d. Try oar WUd Rom La? I Frye-Bruhn Market 1 " ? ? ?? Groceries and Men's Goods ? Alasfca-Gastineau Mining Co. TBANE, * * t t ALASKA I -H -Mil ?I-I-H-H-r-K-H"!-;";-! I-i-t-I-I-rl-I-r-I-I-I- I-i i Boy the BEST Lamps at the RIGHT Price ;? We are now able to sell "Mazda" Lamps at the following prices: r 40 WATT LAMPS 25c ;; t 60 WATT LAMPS 40c . ;; 100 WATT LAMPS 65c ;; j | | Alaska Electric Light and Power Co. || wi i i i; 111111 i-H ; 111111111111: it 11111111' i : i; i j BUELL'S DEATH A KEEK SHOCK News of the (tenth yesterday In Seattle of L. E. .Buell, veteran trav eling salesman, caused a profound shock when It appeared in Tho Em pire last evening. Only n"*aveok ago M. Buoll was apparently In tho host of health, returning Junenultcs who saw him In Seattle declare, Ho un derwent an operation in h Seattle hospital, but death came after ho had failed to rally from tho Bhock of tho anesthetic, according to tho advices received horo. Mr. Buell was In hla sixty-first year, and had boon troubled with valvular heart trouble for sovoral years. Several months ago he ap plied to tho Equltablo Life Insurance Company for life-insurance. He was mado the subject of a medical exam ination and tho report was forwarded to the head offlco. The risk was ro Joctcd by the ?ompany and it Is said Mr. - Buell had brooded considerably over the incident. For over a decado L. E. Buoll rep resented tho Armour Company in Al aska and was one of tho most unl voraally liked commercial salesmen in tho North. His acquaintance ex tended to California, where he lived for sovoral yoars. He loft Juneau six weeks ago. to meet cannerymon in Seattle, for advance orders, as has boon his custom for several years. Mr. Bucll's death is tho sixth In the ranks of the Alaska commercial travelers, In the past year. In rapid succession, after the death of Harry Malone, came tho passing of William F. Gilmour, Goorgo Butzcr, William Ferguson, and Davhl A. Epstoyn. Tho funeral of the latter was huld in tho city of Portland this week. Although they have no regular or ganization in Alaska, the commercial, salesmen of tho North nro snld to be; bound together by ties stronger than those of fraternallsm and there wore j evidences of the deep shock they had suffered when they learned of Mr. Buell's death last evening. The "dean of tho bunch" as he was called was a favorite among them. He was j kind and considerate of his associat es and his closest friendB among tho commercial men have wired to sur round his casket with flowers, as a, mark of the affection they held for him. Mr. Buell was a member of the Ma sonic lodge, and belonged to the Liv ingston, Montana, lodge of Elks. INDIANS FOUND GUILTY Jim Morrison and Willie Johns. Sit ka Native boys who met up with lurk- J lug John Barleycorn while on their : way to the steamer the other night,; were given 20 days in the city bastilcl by the municipal magistrate, but with i the provision that they shall be al-j lowed to depart on the Georgia Tuesday if they so dosire; 0. A. Tuck- j or, their counsel, advising the court j that the boys had jobs at a cannery i awaiting them: '! Wo Continue to Buy and Sell tf FURNITURE at the Old Stand of the Universal Repair Shop 321 FRANKLIN STREET. PHONE 121 THE NOBBIEST LINE OF SUITINGS 1 have ever purchased for spring and summer wear have just ar rived. Come in and look them over. F. WOLLAND, Tailor. PIANO TUNER GEORGE ANDERSON ? Tho only , expert piano tuner in Alaska, Fac tory representative for high grade pianos.?Phone 143. Address P.O. Box 991, Juneau William Pallistcr, M. D., Specialist in the treatment of diseases and deformities of the eye and ear, none and throat Offices, fourth Floor, Goldstein Bulldlnc Office Thonc ICO. Retidcnee Phone 151. JUNEAU STEAMSHIP CO. United State* Mall STEAMER GEORGIA Juneau-Sitka Route leaves Juneau lor Douglas, Fun ter. Hoonob, Gypsum. Tenakeo, KUIiimoo, Chatham and Sitka every Wednesday at 12:01 a. m. Juneau-Skagway Route Leaves Juneau for Douglas, Eagle River, Sontinel Eight Station. El drld Rock Light Station, Comet, Haines, Skagway every Sunday at 12:01 a. m. Returning, leaves f? Sag way the following day at 12:02 a m. WILLIS E. NOWELL, MANAGER p? = ;> Phone S88 Strictly First Class Juneau Construction Co. ?Contractors "tStoro and ofRce fix- 5 ] ? ^"luren. Mission furni ture. Wood turning, Band wwinjr. JUNEAU. ALASKA 1 111 i i Zv G. K. GILBERT PLUMBING and SHEET METAL WORKS 121 Front SL Phone SM '? f ARCTIC BROTHERHOOD ? ?> Junneau Camp. No. 31. meeta ?> >:? every Tuesday night at eight ? o'clock. Rt Moose Hall. 4 !? <? ? ?> + ?}? ? + + ?> 4? ?? + 4 ? 4 Erb Has Rocovcred W^th his health fully rocovoretl. Bonnie Erb, former Rugby stur at Stanford, has returned to Tread well. While working as shift boss lu the big mine across tho channol three months ago he risked his life to res cuo a workman who had been ovor como by tho fumes of dynamlto, and had a narrow cscapo himself Sutton'c Wonderful Spring George Sutton purchased a farm near I-Iartford, Mich., recently, and the farm had a spring on it, but Mr. Sutton was more interested In the land than the spring. It was a long time before tho billiard champion dis covered that tho water of the Bpring possessed rare mineral properties. His attention was first called to this fact because tho Btock on the farm refused to drink the water. This led to an investigation and then an analysis. Tho result proved that tho wntors of tho spring were rich In minerals and wonderful In health producing powers. Before becoming a billiard player George Sutton had won many honors on the pool table. For a number of years he held various titles at the pocket billiard game, and it was his boliof in his versatility us an expert with the cuo that Induced him to try billiards. His success was al most Immediate, and ho Boon after ward succoeded in holding tho titles In both the 18.1 and 18:2 styles, in tho game. On account of ill health he was. com pelled to abandon billiards and for two years his physical condition was alarming to his friends. He attributes his recovery to a long rest and the use'of the waters of the spring on his Michigan farm. In fact, he says that it is tho drinking of tho water which now keeps him in condition as a bil liard player. Mr. Sutton was the first to give the water a thorough test. Of course he did this after being assured by his physicians that tho water could not possibly have any effects upon the system, Now Mr. Sutton never drinks anything olse but water from his won derful spring. To this he attributes his remarkable state of health. Don't Bet On It Don't bet n sou on the Johnson Willard contest, whether It be staged in Jaurez, Havana, Juneau or Halifax. That is considered a good tip by all the dopesters and all the followers of the game in the roped arena. It doesnM matter whether the match is pulled off April 3 1315 or Dec. 25, 1920, it will present too much of a problem for even the best of dope store to solve. Concerning the fight. Hugh S. Fill lortou, who is as well acquainted with the fight game and with fight ers and promoters as woll. as any other man that ever wielded a pen on the subject of sport, says: "Tho conditions surrounding the match arc, to say the least, suspic ious, the recent betting among those alleged to be close to the principals and the promoters is more so, and tho entire atmostpherc 1b bad. There are rumors and gossip among tho sporting rratornity that hint at a big job being pulled off. I have heard it stated in several ways, but whether or not the match Is on tho level, it Is the best one of recent years to avoid in a betting sense. "Jack Johnson is not now, has not been in tho -last two years and never will be again in condition to fight i good heavyweight. Ho has never fought "on the level" in a long time. His match with Jim Johnson in Paris was a cross between a joke and a scandal, and his match with Frank Moran was as bad. '"Jack Johnson went into the ring against Moran in wreched condition, bloaty, rather than fat, and showing the effects of the evil life he has led for yoars. There is no evidence that he has slowed down in the pace he has been keeping. Thoso who saw him in London recently say he was still going ns rapidly as his burse would permit. "Then he took a long sea voyage to South America, and those aboard the ship report that they did not see him training and that be was living as high as possible on ship board. The same report comes from the vessel that brought him back from South America. Jack is "Broke" "It is reported in Chicago among negroes and others who have been close to the big cotton-field coon, that JncK Is broko nnd needs tho money. On that basis reports have gone out that he has agreed to 'flop' to Wil lard. "In justico, (or rather, in reason! I must say I do not believe Johnson would lay down to anyone. He is an ignorant, conceited, spoiled negro. His vanity is beyond belief. If anyone could persuade him ho would not lose hiB standing, ho would be willing enough to lay down. "I doubt whether money, even would tempt him to throw away his title. "Nothing would bo gained by ar ranging for Wiliard to lay down. Nine tenths of the fight fans bolieve that Johnson, if ho is even in halfway con dition, can whip Wiliard. "Krom the sporting standpoint the fight is a joko. Johnson, in tho con dition he was when ho fought Jeffries could be&t four Willaids in an even- ] "Some one has kidded Wiliard into taking himself seriously. Ho is a very bad, very awkward and strong fighter. Ho is old?from a ring stand point. His footwork Is a jest, and tho only redeeming feature is that ho Is willing and a hard worker. He can hit almost as hnrd as Eddie Mc Goorty can, and has about one-half i the skill in delivering blows. "In plain English, it Johnson Is in (It physical condition to punch a boy 18 minutes he can whip Willard, who only has one chance to avoid being massacred beforo the negro gets so weary that ho cannot hold up his arms or move his logs. "The other contingency is that the whole thing is a frameup. One is not justified in trusting Jack Cur rey, the man who 13 managing the affair and also the man who pulled off the Infamous GotchHackenschmidt wrestling match in Chicago. "The day after the fight (if it ever takes place) the entire country will be saying these snme things. Why not say them now instead of 'bunk ing' the public into thinking a great battle for the heavyweight champion ship is to be fought." VERDICT FOR PLAINTIFF In tho case of Sposo Sovovlch vs. Chris. Radmllovicb, a suit brought to rocovcr wages for labor performed by Sorovicli on the ranch of C. Radmilo vlch, the jury yesterday afternoon brought in a verdict for the plaintiff In the sum of $205. Millwce & Faulk ner acted for the plaintiff, Winn & Gore for the defehdant, and by con sent of both parties to the action, nine jurors sat In the case and rendered a verdict. KETCHIKAN TERM IN MAY ?-J-?? Judge Robert W. Jennings yester day fixed the date of tho beginning of the Ketchikan term of court for May 3, 1915, forty days notice being required by law. JUNEAU ARCHITECT PLANS RESIDENCE FOR DOUGLAS M. S. Sutton, architect, has complet ed plans for a modern residence for Paul Bloedhorn, of Douglas. Mr. Sut ton has drafts of other work which will hn nnnnnnrcfl later. TRY THEM? Goldstein's Emporium ha3 the agency for those famous Ogle eggs. Every one dated and guaranteed.? (3-19-tf.) HALL and PAYNE A BARGAIN At J0T00.0O 27 1-2 acres ranch, 2M bearing fruit trees, farm buildings, well, tro<xl roll, near DesMolne* and 1C miles by hlthwsy or boule vnrde from Seattle, 638 New York Bid. Seattle, >Y??h. R.D. PICKETT U. S. Mineral Survoyor U. S. Deputy Survoyor JUNEAU ? ? ALASKA i Juneau Transfer Go. | ; phone 48 ;i; j j " WE ALWAYS HAVE | GOOD COAL Moving Carefully Done STORAGE t: B?iJiJstfe To and From All Bodi t: 37 FRONT STREET ?. i |bbwb??? A. EIKLAND i ArtPENTER and CABINET MAKER ^JFIrst class work at reasonable rates ? General repairing ? special furniture.. Estimates Free. ? * ? 'Phone 254 -H-H-H I 1 I I I I 111 1 1 I I 1.1 I I 1 M :: A ID Transfer :: ;; A. Benson & Express | Stand at WUIn' Grocery Stor. * j Phones or 3-8-6 ORDERS PROMPTLY EXECUTED ? ? H-i-H I I I I I I I I I J I I II I I 1 1 1 I 1 illllilMI C IHHHIIHIIHMIHIMII I We've Got It I ? Everything in the line of Wines, Liquors, Cigars ; ? ^ JUNEAU LIQUOR CO.,Inc. j! ! 'The Family Liquor Store"-Phone 94-Free Delivery !! Hi) iM-HJ 8 9II H 161C H 11IH IIIII 0 H 1'fr ? When ordering BEER insist on RAINIER PALE ?H II f I-H-M4 V M1 I li** iMiiMnimnii f jjii I The Grotto I |jj W. La VELLE & BROPHY "J Distributors of Hijjb Class, Double yl! Stamp Whiskey, Wines and Cordials Olympia and Rainier Beer :> !!;; 95 FRONT STREET TELEPHONE NO. 210 W'. Beer 10c a Glass Louvre Bar Free Moving Picture Shows Every Afternoon and Evening WILLIAM SCRI8NER. Mngr. ? i [-Heidelberg liquor C0.-11 1 INCORPORATED = J ? ? | V Largest Stock Best Brands or I < ' Imported and Domestic Liquors o and Wines for Family Use. 9 Free Concert Every Evening 7 fill 12 < > > Free Delivery. Mail Orders a Specialty. Telephone 386 1! Iintco Rearonable Third and HarrU Strcef. J tinea TheBERGMANN Newly built and newly fu rnlshcd, modern In all respects, steam heated, electric lighted, hot and cold water In every room; bath on every floor, Including a shower bath. Sanitary conditions perfect Dining room In connection. ? PHONE 112 167 FRONT ST. <> I' THE FAIRBANKS ?: | Rooms now and modern, heat, lights and hot and cold running water * J In every room.?Freo Baths. o % RATES REASONABLE. MRS. H. H. WARREN, Prop. % COMFORTABLE WINTER QUARTERS AT THE OCCIDENTAL HOTEL Prepare for cold weather by getting a steam heated room. Best possible rates for permanent room er during the winter months.