Seward daily gateway. [volume], June 21, 1929, Page TWO, Image 2

About Seward daily gateway. [volume] (Seward, Alaska) 1923-1933

Image provided by: Alaska State Library Historical Collections

                
(Continued from Pajre Onei
Van Kirk was a United States em- !
ployec, and the court decided that j
his relationship to the United I
States—“did in effect constitute an !
employee of the United States1
within the sense in which that j
term is here used.” The court then j
considered the question as to j
whether “an employee of the Unit- j
ed States is qualified to serve as A
JUROR IN THE DISTRICT OF CO
LUMBIA”, (the italics mine.) By j
the italicized position of this quota
tion the court plainly limited the
extent of the application of the
doctrine in that decision. It appears
lrom the decision that the defend
ant rehed on Section 217 of District
of Columbia, the pertinent parts of
iwhich are as follows:
I “All executive and judicial offi
cers, salaried officers of the United
!States and of the District of Colum
bia* **shall be exempt from jury
duty and their names shall not be
nlaced in the jury lists.”
There is no provision in any of j
ithe laws of the Territory of Alaska
| forbidding placing upon the jury
j lists the names of persons who are
cxemnt from service nor, as to jur
ors generally, exempting from ser
vice all employees of the United
States.
The only provisions of the code of I
Alaska exempting from liability to
act as a grand juror are contained
m Section 2121, the provisions of
which do not extend so far as to
include all employees of the United
States. The second subdivision of
that section exempts any civil ofti- :
cer of the United States whose dut- S'
iets are at the time INCONSIST-j'
ENT WITH HIS ATTENDANCE as
a juror. The seventh subdivision
if that section exempts an acting I'
ncn-commissioi ed officer, musi- ;
cian or private of a military or- j i
gamzation duly enrolled in the ser- j 1
vice of the United States or of said £
District. It does not appear tnac j i
At Schallerer’s Alaska Shop j •
hear the Brunswick and Columbia
records Avalon Town, Glad Rag
Doll and Wedding of the Painted 5
Doll. |l(
Walter G. Culver is included in
either of these exempt classes.
So far as I am aware it has
always been held by the courts
of Alaska that the provisions of
Section 2121 were for the bene
fit of the person summoned to
jserve as a grand juror, and that
! if he did not claim exemption j
| he was not disqualified from ser- !
vice.
In the Griffith case the court'
j devoted much of its time to J
j showing that the provisions of \
I Section 217 supra were applic-1
able alike to grand and petit!
jurors, and concluded that they j
were so applicable.
In the Code of Alaska the pro
visions governing the selection of
grand and petit jurors are kept
distinctly separate. There is no!
such general provision relating to j
jurors as in said Section 217. It
is true that there is a provision i
as to trial jurors which makes j
the existance of the relation of )(
employer and employee between,
a trial juror and a party to the ;
case on trial the ground for a
challenge for implied bias. That
provision is clearly limited to
trial jurors and in my opinion j
has no application to a grand |
juror. Furthermore, a defendent i1
must interpose a challenge on
that ground or the juror may
serve on the trial. Implied bias
is not absolute disqualification.
I am not unmindful of the
MAG AZINS NEWSPAPER
SUBSCRIPTIONS TAXEN. Sclial- j
ferer’s Alaska Shop.
j fact that in the Griffith case the I
! court discussed and applied the j
| common law of Maryland. I am'
' inclined to think that the part |
I of their opinion was mere dic
j turn. Certainly that discussion was j
| limited to the common law of j
! Maryland.
Since I must hold that there
! is no statute in Alaska under;
i the provisions of which Walter j
; G. Culver is disqualified from
| acting as a grand juror, I will
; consider whether the general pro
visions of the law forbid his
acting in that capacity. The
most that can be urged by rea
son of his employment against i
his serving as a grand juror j
is that the party defendent might j
challenge him for implied bias if j
he were chosen as a trial juror. ,
Actual bias on the part of a grand
juror against a person being in
vestigated by the grand jury has
repeatedly been held nor to dis- ;
qualify the grand juror.
Fresh local killed veal at CARS
rEN’S MEAT MARKET.
EASTMAN KODaRs AND PHO
rOGRAPHIC SIPPEIES. Schaller
r-r’s Alaska Shop
12 Ruling Case Law, page 1022.
In Corpus Juris I find the
following:
“The general rule has been
laid down that interest in a
particular prosecution, other
than a direct pecuniary interest,
will not disqualify a grand jur
or or be a ground for objec
tion to an indictment in the
finding of which he partici
pates. Accordingly, in the ab
sence of statuary provisions
(Continued on Page Seven)
SEATTLE BRICK \y.£ CREAM
ALL NEW FLAVORS—PINTS AND
QUARTS. CANUtf COTTAGE
THE
TRAINS ARRIVE—Sunday 3:40
p. m ; Wednesday and Satur
7:00 p. m. Friday 9:45 p. m.
TRAINS EF WE—Sundae 3:00
a. m. Monday and Tl’ursday
7:30 a. m. Saturday 10:00 a. m.
HAND PAINTED ALASKA PIC
TURES AT SYLVIA’S.
I
Have you heard the new
“Okeh” records at Sylvia’s?
They are wonderful.
item notice
I\T THE UNITED STATES LAND OFFICE
FOR THE JUNEAU LAND DISTRICT
AT ANCHORAGE, ALASKA
In the matter of the Application of CAR
LISLE PACKING COMPANY, a corpora
tion, for a Patent under Sections 230fi and
2307 Revised Statutes to a tract of land as
a soldiers’ additional homestead embraced
in U. S. Official Survey No. 1537.
SERIAL NO. 07000. NOTICE OF APPLICA
TION FOR PATENT.
NOTICE IS HEREBY GIVEN That the
CARLISLE PACKING COPANY, a cor
poration organized under the laws of the
State of Washington, has filed application
Serial No. 07000 for a patent under and
by virtue of sections numbers 2306 and
2307 Revised Statutes of the United States,
as assigne? of William N. Tarhox, for a
tract of land embraced in U. S. Official
Survey N), 1537, situate on the west bank j
of the Kvichak River, Territory of Alaska,
approximately 6, 1-4 miles above the mouth j
o* the Alagnak River, latitude 59 deg. 06 1
min. 50 sec N., and longitude 156 deg. 41
min. 30 sec. W., and particularly described !
as follows, to-wit:
"Beginning at corner No. 1, whence i
U. S L. M. R. G. M. tears S. 32 deg. !
50 min. 11 sec. W., 37.05 chains distant, i
and corner No. 4 of U. S. Survey No. •
914 bears W. 6.57 chains distant; thence !
E. 4.54 chains to corner No. 2. M C.
thence by meanders along the Kvichak
River as follows:
(1) N. 40 deg. 52 min. E., 3.86 chains
(2) N. 43 deg. 21 min. E., 3.20 chains
(3) N. 45 deg. 11 min. E., 7.10 chains
(4) N. 27 deg. 33 min. E., 0.40 chains
to corner No. 3 M. C.; thence W. 14.49
chains to corner No. 4; thence S. 10.60
chains to corner No. 1, the place of j
beginning, containing an area of 10 I
acres,”
Any and all persons claiming adversely 1
any of the above described land should file
their adverse claims with the Register of
the United States Land Office at Anchor- ,
age. Alaska, within the period of publics- j
tion or thirty days thereafter, or they i
will be barred by the provisions of the
statute.
J. Lindley Green, Register
First Publication May 20, 1929. Last
Publication August 10, 1929.
COMMERCE
CIGAR
STORE
TOBACCO, CANDY, SOFT
DRINKS, CARDS, POOL
Across the street from the
Arcade Building
John Anderson, Prop.
Phone Adams 54
Motorship
Discoverer
For Hire or Charter
Next scheduled trip to the
Cook Inlet ports of Portlock
oeldovia, and to Iliamna
Bay will leave June 30.
Captain Heinle Berger
Seward, Alaska
i
W
NOTICE j
FURRIER *
FURS CLEANED, RE
LINED AND REMODELED i j
Expert workmanship
Formerly of C. C. Gunthers J ;
New York
Louis Schulman, Ketchikan i j
Mrs. W. L. Corliss
Apt. I Arcade Apts. | i
\
Per§onafi Service
When Traveling
O matter where you are going “outside”,
IN we will be pleased to assist you in arrang
ing details of your trip. Let us help you with
schedules, quote you the lowest fares and make
your reservations.
We’ll be pleased to meet you at the dock in
Seattle if you will notify us what boat you’re
coming on.
Northern Pacific Railway
_a._t *L -
Route of the “North Coast Limited
KARL K. KATZ, Alaska Representative
200 L. C. Smith Bldg., Seattle
r
I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
NOTICE
DR JAMES SENDER I
Located At The Van Gilder Hotel Two More I
Days
Saturday is positively the last day
MANY SATISFIED PATIENTS IN §
SEWARD—NAMES ON REQUEST
Everyone is urged to take advantage of this =
opportunity to be properly ftted by a specialist 1
A complete assortment of the latest style of |
frames from New York—PHONE or CALL 1
for appointment. =
I7ACOMA, WASH.!
Remaining 1929 Sales Dates
JULY 17
AUG. 21 SEPT. 18 OCT. J
NOV. 20 DEC. 21
\
!
I
The Safeguarded Mi!f(
Carnation Milk is abso
lutely uniform in quality,
always pure, and whole
some. Doubly rich in
cream. Conveniently
packaged. Always ob
tainable. Keeps perfect
ly. Gives better results.
Saves cream and butter
in cooking. Alaska's fa
vorite milk for thirty
years.
Write for Cook Book
CARNATION MILK
PRODUCTS CO.
1060 Stuart Bldg., Seattle
<P> 1929.
C.M.P.C©
“from Contented Cows**
iULii
3E
Cal M. Brosius
SEWARD, ALASKA
Construction Lumber
Builders’ Supplies
Boat Lumber
Mill Work
RADIO SUPPLIES - SOCKETS - BUSSBAR
JACKS—CONDENSERS—SWITCHES, ETC.
TUBES AND BATTERIES
Flooring
Ceiling
Rustic
Bevel siding
Fir Finish
Mouldings
Doors
Windows
Cement
Lime
Plaster
Lath
Plaster Board
Chimney brick
Fire brick
Fire clay
Plate and Window glass Beaver Board
C. M. B.
Seward
menu
Alaska
=jFlBI