I
CHRISTMAS!
HAT most welcome day of all the year—Christ
mas—is drawing very near. Probably you have
thought of sending a gift, a message of love,
to the dear ones in the States. Never before
have we been in a better position to supply
your wants at this season of the year. It would be useless for
us, in this limited space, to try to describe—yes, even men
tion—the numerous pretty and useful goods we have that
would make appropriate Xmas Gifts, both for ladies and gen
tlemen. Y'ou may be in doubt as to what you should give a
certain relative or friend. If so, we will relieve vou of the
strain. We are fairly bubbling over with suggestions. Come
in and look over our assortments. We want you to see the
the really nice goods we are offering at reasonable prices for
the holiday trade. Remember the best choosing will be first,
and the first will be none too early. Less than a month and
then—Christmas.
A. L. LEVY & CO.
Good Goods.
■
Chest Protectors
Will keep the body warm and
prevent pneumonia, coughs,
colds and all lung troubles
P. O. DRUG STORE. .
P. E. KERN,
GOLD and SILVERSMITH.
See Our Large Line Of
NUGGET JEWELRY'
Watches, Diamonds,
Ax Cut Glass, Silverware,
Fine Watch Repairing
City Market
NEXT TO merchant’s CAKE.
Wholesale and Retail Dealers in
Beef, Mutton, Pork andPoultry
Our Prices are RIGHT. Give us a call.
Christmas
is the time to remember your
friend* by some
Appropriate
Presents.
The bright anticipations of approach
ing Christmas, with her exchange of'
“Oh, Thank You, Dearest, how ex
quisitivelv beautiful”—Well, we have
Vj> ^ junt the right thing at the right price.
Great care has been used to select for this occasion. Come amPsee.
W. C. STILL,
Optician, anrl Erp« rt W,»telnii:iVrr, 1 Se tter.
for the ('hitlyim company'* work in Alaska,
including j|. II. Kltcli and E A. bole* Fitch
«•* head pM"ker, and bate* for hi* knowledge of
the location of tlie Nicolai group, which lie had
located with McCarthy and MeNecr. He em
ployed *4*veral other men at Seattle, and left
that port earlv in April, HMO. with an ontfi»,
provision*, aud U horse*. all purchased and
furnished by the * hittyua Exploration com
»“h which he Landed at Valdez on the
171 h day of April, luno. It is admitted bv hotli
sides tiiat lii* <l*‘*!lii*tiou wa* the Nh-ol \\
group of copper miue*. upon which he w a* to
do l>oth ass***>meiit aud development work.
Sweeney, Kaia Smith anil War.icr, four meio
Ikt* of tiie MeCjellau prospecting party all
but Warner having Joined in the tall of lVe*.
\.. along iTinec William Sound until
Pc ember, when they returned to Valdez.
They remained here uutii March J, P.tuO, when
the> started for the Chiityua country pulling
baud >Icd*. They were not then informed of
the arrangement by which Met lellan was com
iugin with tlie ('hittyua company's outfit, nor
of any sale of their irovision* or horsed, the
latter lading left behind, however, for the u*e
of the outside iueml.e s when they should ur
ii\e. Sweeney. Kaiu, Smith and Warner
stop|icd at the Amy cache at I'larmigan drop,
winch the Met lellan p.~o*pccting party had a -
quin*! the fall before when W. S. Amv be-aim*
a member of the party, and t >ok *upplic* Irma
it for their trip in o lie interior. Tin y pulled
their sled* and supplies across jlie mountain*
ami l iver* to the vicinity of the Cbittyna rive
and camped 1* side the McCarthy cabin, from
wiiicli point they pro-nccicd aTouud tlie Ku*
kalaua river nil'll Hie bitter part of June.
Mc< b llnn with thechittyim company's par
ty left Valdez for the Nicolai mines on April Jo,
following tiie *ainc route which Sweeney. Kaiti,
Sinitli and Warner had taken nearly seven
weeks previously. McClellan took the hor*es
belonging to the McClellan prospecting party
and |u*cd the m in packing for the Cbittyna
company. Hindered by heavy loads Hiid
horse* and relarded by the snow, the Cbittyna
party under Met lellan «ii«l not reach the Amv
cache at the Ptarmigan drop until May JO.
This place wa* their headquarter* until June
I. Thev arrived at the Totisiua crossing on the
»th, aud the Copper liver crossing at the mouth
• f the Toiisiua on the !'»th of June, at which
place they wee met by Smith and Sweeney,
coming « ul looking for the expected spring ar
rival erf the remainder of the McClellan i ns
pecting party with the horses, supplies and the
mail.
s-weeuey remained iwo nignts and a day with
the party at llie < upper river and then went
on up the Ton-ina to the eros-ing, where he
met Hay Millard and Dickey, with whom he
made a summer’s cruise for the McClellan pro
tecting garty to go to the Tatiana. Smith re
turned to his camp at McCarthy's cabin, where
ho had left W arner and Kain Two of the Chit
tyna company's employee-, Keruan and Willi
ams, returned to the McCarthy cabin with
Smith, who. at the request of McClellan, point
ed out some of the mines near there belonging
to tiie Chittyna company, and directed them
where to do nsse-sme it work thereon.
By the latter part of June McClellan ha.I
moved the Chittyna outfit to the McCarthy
cabin, where and when he employed D. S. Kaiii
another memlter of the McClellan prospect iug
party, to take charge of the actual development
work «>u the Nieciai mine for the Chittyna Ex
ploration company. The Chittyua party under
McClellan, reached the Nicolai mine- at mid
night ou July 6. 1900, and immediately there
after began a-se-sment and development work
thereon. They eoutiuued at the Nicolai mines
from that time until September 1, engaged in
doiug the as*e-»ment and developm.iut work;
they made no locations of other mines or water
rights of any kind. On July 23, li<00, Geo. M.
Ferine. with Clinton L. Walker and his brother
Archie Walker, accompanied by Sum Eastman,
as cook, arrived at the Nicolai mines to in-pert
the same ou behalf of the Chittyna Explora
tion eompauy. While there McClellan inform
ed Ferine that Warner and Smith hud discov
ered the Bonauza mines, showed him a sample
of the ore. sent f »r Warner to come to the Nico
lai camp, from which ne conducted McClellan.
Ferine and the Walker* lo the Bonanza loca
tions; McClellan Informed Ferine that they
wen* not taken up for the Chittyna company
but in the individual names of the locator*.
Ferine and the Walker* remained there an
hour and returned to Valdez immediately after,
and thence to San Francisco. The Bonanza
group. 1* situated ift or 20 miles bv traveled
route from the Nikolai group and camp.
The Bonanza group of copper mines, in con
troversy in this action, was discovered, mark
ed and located, and every physical act nece
*ary to a full, valid, and legal miuiug location
thereof was made and doue. by John H. Smith
and Clarence L. Warner, without the physical
aid of any other person whatever, at the date*
hcreinbelow stated, to wit:
outintied on Second I age.]
BOIUIIU (ASF
DECIDED BY JUDGE WICKER
SHAM.
AlaskaCopper(o.Viiis
Narrative Of The Case And The
Decision in Full As
Rendered.
The decision in the Bonanza ease
was rendered by Judge Wiekershau
las Saturday. Owing to the im
|M>rtaneeof this pass* we jsihlish llw
j decision- in full below;
Tlri* is a *ult in equity, tj«r liVI cm Ending
with a prayer (or a decree adjudging (1*' that
the locator* oi that certain group ef copper
mine* particularly de*« rii»cd tiircJu. aud com
m mly known as the Hotsanza gr -up. were at
i the time thpv located said mines, acting a*
agents. * *r\ autv and ctvpl >yec# of the plaintiff.
('-) that plaintiff i- tuc owner of -aid unties, (.'{)
tnat the defendant* hold the JcgaJ title and
|Ht<.*c*'don with prior noth « of plaintiff’* equi
ties and a* tru*tee.* r the fdajnUff. aud fl)
that deietidaiit • !>• r -juir. d to convey such
(moion and title to tlw* plaintiff
T..e au*\rerlng defendant*, except Millard,
deny adl tu • /acts upon which tlic plaintiff
predicate* it" prayer for relief. and the defend
: ants comprising tne Met lellan (tarty, claim to
own the entire proprrly in the Bonanza group,
subject only to the rights of the Ma"ka t opp-r
f to whom iiowt of tiwtm iiave mad optional
contracts oi a.»»e. 1'ejndaiit Millard claims to
la* the ow ner of an undivjd -1 onclusJf of B F.
Met‘Jellau's iuterc"t lutlu* Bonanza mine* by
j virtu- of a pr specting cun tract between them.
" bib* there i* a wide divergence lM*n»e**o the
•evidence of plaiutiff aid devudauls »n sou *
important detail* in this ca*c. upon the general
narrative there i" little or nou •. The court
find* the following statement to f»e either ad
mltted by tiie evidence on laitli "fries, or so lit
tle in dispute, that i? is accepted by the court
a* the underlying hasi* of truth in the ease*.
AUMJTTE!) FACTS IN NAIINATIVE
FORM.
. In 1H9H a parlv of seven <*r eight men was or
! ganixed at I'riu •e;«»u, Minn . to prospect for
; minerals in Alaska. Tlicir leader, at c. whom
ihe party, with it-changing membership, has
sitiee la-e.i called, wu* the tir-' u tnie i defend
i ant in this ca*e. it. F. Mc' lclJan. 1'iicy pros.
i |*e led in KtHaloiijt the tribuiaru- of the * op.
, per river, aud ret urn • l home iu the tall witu*
out locating any o» tin* property in eou'r,iver*y
| iu tlii* action, iu the *pr:ug 0/ l*-.« the party
wa* reorganized under toe same leader; some
of t :ie lo/mer mem tiers dropp ng t*ui aud new
one* taking their place*, wm-n they entered
I upon another s.ia-oii’s work along 'me -ame
j river. Tue Me ’Jellau party dunug the *ea*t*n
: is-- • cons'* e*l of but live pr«»-peci«*r , viz.; 1L
| F. McClellan. t. A. Oate*. H. T. tiates, H. If.
i Fitch and claieti e 1.. Warin r. Abo.it the lai
.er part of August, is•.#•>, fc. A. Hate*, faille- Mv
! Carliiy aud \r»lnir 11. II« Nccr discovered aud
ba-a ed the Nicolai group of ci?p|ier mine* on
the right limit oi the Ni.ina. a bran *li ot the
Chittyu.i fork «*i the Copper river, and about
1H0 miles cu-t of Valdez. Ala .ka. In making
tiiese loeatioti* tiates acted for the Met lelluu
pro-pec ting party, and McCarthy and McNeer
I tor other parties then prospecting in that
I neigh borho* *1; each of the live members of
the Met iellab party acquired an et|tial itudivi I
ed interest in ilia! part ot the Nicolai mines
secured by Cate’s location*, by rea*ou oi his
membership tu the said prospeetiug partner
ship.
After the prospeetiug sea*on «>1 lg'.U was
ended, and ahout Octolier 1, la'M, the McClellau
jmrty me. in aldez, settled their affair- for tne
past -eason. enlarged their party by uddiug
thereto lb S Kain, John I.. Sweeuey, J. ii.
Smith J. K. Hamlin aud \V. S. Amy Captain
W. K. AlaT'croinhie seem* to have been a mem
ber at this time, an l po-.*ih]y be ame siidi
i*eioie the sea-ou oi lailj# began. At iiie Valdez
meeting, t»r meetings, it wu* agreed that some
of the mcinl»er* of the party snouhl go to the
state- for the winter, while other* were lo stay
and prospect on 1'rin e William Sound during
tiie wiuter. aud return to the neighborhood oi
the NicoJai group to prospect early iu the
spring. All lilo*e inteie-led in the Nicolai
eoppt-r local ions, e\< rpt Warner, left Valdez in
October for the state-; they were M--« leljau. F.
A. tiates, Ii. T. Oat*-* and It. II. Fitch. The
steamer whieheurried them out towed u small
er b.*at loaded with supplies aud with Kain.
Sweeucy, W arner and Smith aboard, irom Val
»!.»/ to a poiut on 1'riure W illiam Souud where
they were dropped aud where they prospected
until some time iu Itoceiuher.
Negociuitous haul beeti begun iu the /all of
Ift'.rj by which it was sought to cousoiiikate tiie
interests of tin* separate iiariio interested in
the Nicolai group 11. F. Met Jellau rcpre-cuted
the MeCiellau pro«ue tiug party, 1». 1 . Millard
represented the Cl»ip|a*;va Fails party. II. ti.
A His an Aikan as eouipuuy, an-’ tieo. M pu
rine a imirtli interest. Alter M'-Clcliuti bad
returned to his home at Prim-clou. Minn., he
went to Sun Fruueiaco to meet the.-e interests
iu the matter of the propped eousolidatiou.
It was thell finally agreed ne'weeii these tocou
vey all their separate interests iu the Nicolai
group aud other ueighbo. iug property to tin*
t hittyua Exploration cotupauv, a California
corjtoration, aud accept stock iu the receiving
company for them. At a regular uicetiitg of the
stockholders of the Chittyua Co. at Sau Frau
eiseo on Jnuuary 9,1900, a resolution was adopt
ed authorizing the purchase of both the Mil
lard aud Met bdlan party iutcreMs, ami at a
directors’ meeting of that corporation, held «>n
March Si, HUM, a deed from McClellan and wife
couveyiug mo.-tof the McClellan party interests
was presented ami accepted, aud one’ hundred
aud fifty shares of tiie capital stock of the com
pany were issued iu exchange, the stock beiug
issued, by otderof Met lellau, in uie following
uatue aud amounts:
To 11. II. Fitch 2o shares
“ C. L. Warner. •«*."»
•• II. T. Hates 12
“ E. A. tiates 12** “
•* Grace t». Met lei leu 47 “
“ K. F. Met lellau 3 •*
“ It. f. I»uun .121- **
“ S. t;. Iverson.12*J “
The Hate* brotiiers had I*een grubstaked by
JUiuu and Iverson, which explain' their divi
sion of stock with them. No explanation is of
fered why McClellan had oti shares assigued to
him, but us no dissatisfaction has ariscu with
iris prospecting part uer» about this division,
it may !*• considered as a private arraugeuicnt
in the interest of that party, aud immaterial
iu litis ca*e.
While in San Francisco oil these negotiations
Met lellau was aked by Ferine aud .Millard to
undertake the superinteudrncy of theChiltvaa
eompauy’s affairs iu Alaska for but before
he consented to do so he desired to eou>ult
with some of his former prospect iug partuer>
iu I’rinoetou. Miuu. Cpou his returu to his
home at I’rincelou, he obtained the consent of
I E. A. Hate*. aud II. H. Fitch, and employed
litem iu a-sist him, aud (hen bv letter of Jan.
I 9. liltW, notified (ie*». M. l'ertue of his ae.'eptance
of the position. 1’erlue reported that he had
made an arraMgemettt with McClellan to the
i directors of the i hittyua Exploration cotupauv,
' and at their next meet iug on March si. lhUU,
I’erine’s report was ratified by that body. From
i tiie testimony of Millard and Ferine it appears
that tiie details of the arrangement with Mc
i Cleliuu were proposed iu a eouversatioa or e»*n
j versatioii' when they three were alone aud no
j otte else was present. The controversy in this
irase ari-e- itlunH entirely over what that
agreement was.
McClellan employed uine men at Frineeton
Off for the Tatiana.
Huuday last Cit|f. (icigcr, Itoty.
Huuirt, Muckier. Biglow. Bui ton
aiul Mouivson left lie re in four par
ties with uix«ut JO (logs bound di
rect for Fuirlmuks. They will lnvr
when they reach there sutlicicnt
supplies to tide them over until
navigation opens. Others from
j here will soon follow, and it i“ pro
bable that many leaving the states
for Fairhank* will take tJiis route,
it Iwhug tin- earliest,.('heaviest, near
est and most direct way.
Bremner baie.
Pete Monahan and J. Van Jdcr
stein this week sold to ('has. fteek
er all their interests in tlic Urem
ner placer country consisting of
♦ ijt eduiius and a hydraulic outfit
The latter is in town and will -lie
freighted to the mines at an .early
date.
Mnunhun and Van Idcrstcjn are
jointly interested in tSi** new dig
gings on tine Hhutshitna, to which
they will devote all their time, and
therefore could not attend to the
Bremner ]>ropcrty.
The Court.
Judgment was.rendered Wednes
day in iavor of tlu-ilefcmlant jn the
two remaining suits between the
Chittyua Kx. Co. and Alaska Cup
per Company.
The ease of \V. U. Abercrombie
vs. Alaska Copper Co., was dis
missed.
The ease of A. L. Levy A <Vv vs
|Chittitu Development Co. went l»v
default in favor of plaintiff.
The elerk of the court will turn
over to the city tins week ♦•JUKI of
license inoiiev.
An absolute divorce was this
week grautcd to Kitu Wolfenden.
her former husband. Andrew Wolf
endeii making no defense.
An application for divorce was
this week entered by Annie Koons.
The ease w ill come up at next term
of court. An injunction was issued
against her husband, \\\ B. Koons,
restraining him from in any way
entering U|*on her property or otb
erwise interfering, pending t lie suit
for divorce,
_
The Mask Ball.
Tlie masquerade hall held Tues
day evening, was a very successful
affair. A large cruwd was in at
tendance ami some very elaborate
and original costumes were de
signed toi tin* occasion. 1’iiees
were given to Mrs. Place foi last
dressed lady; Miss Boar, second
best dressed lady; Mr. Place, liest
dressed gentleman; and Mrs. .Scott,
best sustained character. After
unmasking, the dance continued
till two o’clock. Another masquer
ade is announced for Feb. 22d.
The Discovery.
More wreckage has been found
along the coast of the ill fated Dis
covery, and there is now no doubt
of her lieing lost. The only pas
senger from here was Captain Sea
burg, better known as the American
tailor.
The Arctic Brotherhood held a
rousing meeting on Monday night
and F. V'. Harlan, Kohert Ferguson
Fred (Jlaashrinner, C. E. Bunnell
and Anton Karleson were initiated
into the hardships of the order,
they are now congratulating them
selves that it is all over. After tla
meeting three pieces of music were
put in operation and the festivities
began. Tea, coffee, milk and other
intoxicants were served up by a
leading attorney in celebration of
tla* decision rendered in favor of
the Alaska copper company. Be
fore morning one would have im
agined tliat tlie whole push lead
| been admitted to the bar.
Grover Cleveland, in a letter
written Nov. 27, positively' refuses
to be a candidate for the presidency.
There will l>e a social dance at
MeKinlev ball next Tuesdav night.
ire h wi
CUSHMAN WILL INTRODUCE
DELEGATE BILL
I —
r. 1. Helm b Arrested
Canal Treaty Signed. Canadian
Fortifications. Cable
Extension.
~ 1 ' --
Helm Arrested.
Nn» Y«sk, itVc. v— F. ('. Helm,
a Valdez promoter, was arrested
, and arraigned to-day on lit* arrival,
! i>n a charge of grand larceny. The
complainant is Senator John l.auglv
lin. of Buffalo. He claims to have
paid Helm JCHM) for stock in a
worthless Valdez proposition.
WfU Get Delegate.
M'akjiinuton, Nov. 2'.*.—J’residoivt
Roosevelt, in his forthcoming mes
: sage, will recommend tjtat Alaska
i lie given representation in congress..
He lu»s had a talk with Repre
sentative (’u-dinuui. recently froiu
VahU*, a«Kl Avijl iavor the delegate
hill whieh passed the house lasj
i year.
The Wagon Road.
Washi.wbin, Nov. 2'J.— Kepre
!scntative Cu-hiuun will introduce
I a delegate Bill again this session,
j and also a hill providing tor iflotv
i <N 10appropriation fu-Alaskan tkli
luituiieric* and a wagon road
through flu; Copper river valley.
May Change Came Laws.
\\ AsiiixoTox, Nov. 2<f.—Secret II IT
Wilson favors hotter enforcement
j of the Alaska game law. The act
may be amended somewhat.
Cable Bxtension.
Wasiiinuxox, Nov. gif.—Boot re
ouintuejiiLs extension of cable from
•Juneau to Jtietclukan, in view of
| iiotinuary decisions, and the evi
; dent intention of Britain to fortify
Wales and lVarsc islands. Cable
[extension to he followed by fortifi
I cation of Sitka and Knouaghunu.t
i to fully oover Portland canal, lie
also urges immediate extension of
cable to Valdez.
_
Treaty Signed.
Paxama, Dec. 2—The Junta has
®iuiud cauai treaty without cliunge.
People enthusiastic.
—
F or tifi calioaa.
Vass oi vek. Dee. 2—Lord Dun
t Iona hi,coin nut inker of the Canadian
military, arrived to-day cn route
to the Portland canal, with the in
dention of inspecting Wales and
atnl Pearse islands, preparatory to
work on fortifications.
Bartlett Acquitted.
Seattle, Dec. 3.—Mike Bartlett
was to-day acquitted of the charge
of wife murder. The jury was out
fifty minutes, after a loug triaL
Numerous prominent Alaskans and
Klondiker’s testified.
New District.
A commissioner is to be ap|M>int
ed by Judge Wickcrsliam for tiie
new interior district at Copper
Center. It takes in all the Shu
shitna and all of tin? C ipp.-r river
valley country above the Chittyna,
exclusive of tiie Nizina.
Russia and Japan.
Pajus Dec. i—Kussia and Japan
have readied an amicable settle
ment. Russia recognises Japan’s
influence. tWia and Japan ap
prove Russian-Chineee treaty.
The Santa Ana arrived yester
day evening with 321) tons of freight
and nineteen jmssengers. She will
'leave to-morrow morninc on th*
return trip.