Miners & Merchants Bank
IDITAROD, ALASKA
Capital, S50,000.00
General Banking Business Transacted Gold Dust Bought and Assayed
Drafts Issued on Any Part of the World
SEATTLE CORRESPONDENT. SCANDINAVIAN AMERICAN EANK
OFFICERS:
CHARLES ROSS. President
JOHN HOLMES, Vice President
R. C. BUTTON, Cashier
ACCOUNTS FOR
BEARTHOF BIRDS
A. 11. Twitcheil, who owns the herd of
reindeer which is now roaming the hills at
the head of Happy creek, was a visitor in
the city on Wednesday last. He brought
125 of the animals here this season, and
expects to dispose of them before his return
to his home at Bethel, on the Kuskokwiin.
He states that he has had a great deal of
trouble with stray dogs that attack his herd.
Mr Twitcheil, who is a volunteer ob
server for the bureau id biological survey
of the department of the interior, and has
made mi exhaustive study of the bird life
of Interior Alaska, has a theory in regard
to the disappearance of ptarmigan and
grouse in this section which he claims is
borne out by his observations. He says that
lie has noticed this year practically no young
birds of these species, and has found the
nests of numerous wild birds which had
been deserted by the parent birds after
the nests the eggs had been ruined by the
wet and cold.
Mr. Twitcheil says that the cold, damp
weather during the mating seasons of the
past two years is responsible for the dis
appearance of these valuable birds, anil that
practically no young have been hatched.
The result has been that the foxes, and
other animals that prey on the numberless
young birds in ordinary years, as well as the
hawks and other birds of prey, have been
forced to prey on the old birds, with the
result that they are fast disappearing.
As a consequence of the scarcity <»f birds,
Mr. Twitcheil predicts a falling off in the
fur supply, as the fur-bearing animals which
rely on the ptarmigan and grouse for food
are also disappearing. Following up the
suggestion to its logical conclusion, he says
that this means a great loss in a business
way, as the Indians and also the white men
who subsist by trapping, will have less
money to spend. Altogether he figures it
out that the scarcity of ptarmigan and
grouse in Interior Alaska will eventually re
sult in an enormous money loss to the in
habitants.
Mr. Twitcheil talks most entertainingly of
PIONEER CREEK AGENCIES
FLAT CITY. Mrs. C. C. Chittick
DISCOVERY OTTER - Harry Donnelley
Pioneer Machine Shop
ED J. UHL, Prop.
GENERAL REPAIR WORK
AD Kinds of Metal W'elded
BEST LIQUORS AND CIGARS
Three-Times-Mcve Bar
(Formerly the Stanley House)
JOHN BAGOY, PROP.
GOOD ROOMS CLEAN BEDS
_FLAT CITY__
(he habits of the wild birds and animals of
this section, and has given the benefit of
his studies to the government bureau which
he represents. He has spent more than
fifteen years in the North.
An interesting fact brought out by Mr.
Twitched is that authough Alaska has the
most destructive hawk known, the Ameri
can goshawk, and also the most destructive
of owls, it is contrary to the law to ship
these birds of prey outside the territory.
Specimens of these birils can only be sent
out by the government itself, they being
classed, aparentlv by oversight, with the
game birds of Alaska.
MESSAGE TO ALASKA WOMEN
Mrs Evangeline C. Harper of Seattle, di
rector of the General Federation of Women’s
Clubs, writes The Pioneer inclosing "a little
message which Mrs. Percy Pcnnypacker
(president of that organization I desires her
to get before the women of Alaska.” With
commendable judgment she does this
1 through the press. The message is as fol
| lows:
Austin, Texas, Aug. 10. 1915.
To the Women of Alaska: My recent
I vis:: to the magic land of the North has
I made me extremely eager to see more wom
en’s clubs organized in Alaska; these clubs
should then organize into a territorial fed
oration, and in May. 1916, come into the
General Federation of Women’s Clubs.
Students of present-day affairs are united
in the opinion that no force has done more
for the social uplift, for the betterment of
home conditions, and for the improvement
of the child, than the women’s club move
mint.
It is by no means difficult to gather in a
community a group of women who will
gladly read or study together to prepare
themselves for some line of civic action.
There already exist in Alaska enough clubs
t > form a territorial organization.
Mrs. Irrank White, chairman of our mem
bership committee, \ alley City. N. D. ; Mrs
Mary 1. Wood, manager of the bureau of
information, Portsmouth, N. H., and Mrs.
William P. Harper, director of the general
federation, C51 Kinnear place, Seattle, will
gladly answer any questions as to the best
steps toward organizing and of coming into
the federation.
All of the forty-nine states in our organ
ization stand anxious to give Alaska a
heart v welcome.
Mils. PERCY V PENNYPACKER,
President General Federation of Women’s
Clubs.
ROOSEVELT HAS “BUM LAMP”
WASHINGTON, Sept. 24. -Former Presi
dent Roosevelt is afflicted with a cataract
of the left eye. and must undergo an op
eration.
SECRETARY GARRISON
ASKS HUGE SUM FOR DEFENSE
WASHINGTON, Sept. 18.—Secretary of j
War Garrison announces that in l.is annual
report to congress he will ask an appropria
tion of $200,000,000 to strengthen the na
tion's military defenses.
Splendid ripe tomatoes.
Crowley A Porter.
WATCH REPAIRING
ENGRAVING
TAYLOR, Flat.
_..._- * _i*ti*£/*0*^*ft*
jjiVlERCH ANTS' CAFEl
HERBERT E. RILEY, PROP. I
I The Best of Everything the Market Affords—Our Sunday Dinners g
Are Famous g
TABLES FOR LADIES TELEPHONE |
'KXXXXXKtarn
GRAND BAR NOTHING BUT THE BEST
^ rVf'" The Place to Meet
FLAT CITY _Your Friends_
NICELY FURNISHED ROOMS BY DAY OR WEEK
Warm, Clean Well Ventilated
OPEN DAY AND NIGHT
Ttir pnnp y Massage and
9 I "L UKlUO I Bath Pariors
MEDICATED, MINERAL VAPOR, STE.'M, Blm &B*
TUB. SALT AND FRESH WATER OSLl>iB9
Caribou St., Bet. Black ..nd WillowSts., on Waterfront
Fisstm Mi Faradls Kassagg Trgit««rts by Etpert Attendants
| angfctoa b> ■ **«««» b-v *****
Shipping Antimony Ore
Jack Leach has made a shipment of be
I tween twenty and twenty live tons of anti
mony ore from his property on Eva creek,
in the Fairbanks district. This is the first
shipment made from the Leach property,
but the operator expects to make at least
one more before the end of the season.
O
Cannery Men Summoned
On complaints made by Deputy Game
Warden Ericsson, some of the cannerymen
to the westward have been summoned for
trial at Valdez on September 14, says the
Seward Gateway of August 25. Commis
sioner Bail of the fisheries department has
just passed through Seward and served a
subpoena on Mr. Ericsson a couple of days
ago at Roosevelt. Other witnesses also have
been summoned.
O
Work on Iditarod Trail
The Seward Gateway of September 1 says
that Anton Eide will leave on the Mariposa
for Knik to wind up the work on the Wil
low creek road and take the gang from that
place to Kern creek, where work will be
commenced on the Iditarod mail trail. Four
teen or fifteen men will be employed. Mr.
Eide will also arrange for some work made
necessary bv forest tires between Susitna and
Knik. lie will return by way of Sunrise.
o—
Demand Eighi-Hocr Day ca Read
A resolution demanding the enforcement
of the eight-hour work day and the employ
ment of American citizens on all government
work was passed by the Seattle Central La
bor council ou August 25. The council
claims that violations of the eight-hour
work tlav have been committed in the pre
paratory work being done by the Alaska
engineering commission, and that foreigners
have been given preference on government
work.
-O
Oil Lake Near Point Barrcv/
A Nome dispatch of August 31 states that
a man named Van Valin who arrived there
on the steamer Bear from Wainwright re
ports having found a lake of light-colored
oil with density, between Wainwright and
Point Barrow. He secured photographs of
the scene, showing a large lake and a heavy
How of oil in channels two feet deep in some
places. The news has caused great excite
ment in Nome. Wainwright is on the Arc
tic ocean southwest of Point Barrow, and
the lake is in a section little known to pros
pectors.
—V—
Brooks Is a Busy Town
Blit few {daces in Interior Alaska are
busier now than Brooks, the new town in
the Tolovana, according to Magnus Meising
scth of Chatanika. who returned to his
home recently and told the Fairbanks Times
that there were more business men than
prospectors in that immediate vicinity, and
more {XHiple with store outfits ami other
establishments are arriving every day. There
are four restaurants, one barber shop, one
saloon (without whisky'. two general stores,
one pool room and other new places are
expected to start up within a short time.
Up to the time Mr. Meisingscth left on the
return trip there was little of importance
transpiring, but there was much activity
and everybody was convinced that the camp
would turn out well.
—O—
Accused of Wasting Salmon
Acting Secretary Sweet of the department
of commerce has asked the co-operation of
the department of justice in an investigation
of charges that the fish {'ackers of Alaska
are wasting the food fish supnly. according
to a Washington dispatch. Material gath
ered by inspectors of the bureau of fisheries
showing wasteful methods of catching and
packing salmon has been turned over to the
department of justice, and a special grand
jury in the federal court of Alaska will con
sider the matter. The bureau agents de
clare that nets and traps used by the salmon
packers cause great waste and that delays in
{tacking result in further depletion of the
simply. Reports from salmon fisheries off
the Pacific coast states and Alaska show a
tremendous shortage in this year’s take of
fish, and an increase in the price of the
canned product is generally predicted.
-V—
“Useless Importations”
Says the Douglas Island News: Among
the questionable uses of soldiers sent to
Alaska is to allow them to go out to the
hills in droves to slaughter the innocent
deer. And even this would not be so bad if
they confined themselves to the killing of
the surplus males. But when you meet them
marching down the trails loaded with little
spotted fawns you can’t help wishing they
were made to work for a living. The law
allows each soldier to kill three deer. The
prospector, living on liis meager fare, is al
lowed no more. The government feeds the
soldier, and from ail we can learn, they are
fed well Having lots of idle time, they
roam th^ hills, armed with government
rifles, killing everything that crosses their
path. How noble the soldier looks as he re
turns from a baby-killing jaunt. The l nited
States soldier is the most useless thing which
the government sends to Alaska.
—O
Fairbanks Agricultural Fair
If there is one person in Fairbanks or the
Tansna valley who doubts the possibility of
making the Interior an agricultural country,
he or she should visit the annual agricul
tural fair at the Rink theater, which opened
yesterday morning and which will close this
evening, says the Fairbanks Times of Pent.
7. According to one expert gardener, who
has devoted many years of study to Alaska
agriculture, the exhibits are about TO per
cent better than last season. The bushels of
potatoes, gTain. turnips, carrots, parsnips,
cabbage and other agricultural products are j
indeed a credit to the fanners and gardeners i
of Interior Alaska, and would he looked j
upon with favor in any part of the world. j
While other countries may raise a greater j
variety of products, the fair demonstrates |
that no country can raise better crops than
Interior Alaska.
—O—
Gusfgenheims at Fairbanks
According to a rumor which is being cir
culated in Fairbanks, the Guggenheims have
a representative in the Fairbanks district at
the present time, who is investigating the
Tolovana district for them. On Mike Hess
creek and its tributaries, it is said, there
are expected to be some hydraulic and
dr»drfng propositions which may interest!
them, and an investigation of these will be
marie by their representative during the win j
ter months. The Guggcnheims will have
their dredge working at Uuhy next summer,
and a man who is in a position to know, but
who does not wish his identity disclosed,
says that he knows that the capitalists would
like to get a foothold in the new camp if
opporunity presents itself. Within a short
time it is expected that more authentic in
formation and details will be learned as to
the identity of the Guggenheim represent a
tive and as to his plans.
—O
Exports Break All Records
The value of Alaska products, including
gold and silver, shipped to the United States
and Canada for the seven months ending
July 31, 1915, broke all previous records, ac
cording to figures recently issued by the Ju
neau customs service. The highest values
for products shipped from Alaska for the
same j>criod in former years was in 1912,
when products to the value of $10,233,599
were exported from the territory. This
year’s record exceeded this mark by $4,437,
9S0, making a grand total for this year of
$14,671,579. The production of copper ore
for the seven months was valued at $5,758,
113. Other products exported and their
value are as follows: Canned salmon.
$1,203,183; all other fish, $705,258; furs,
$292,729; marble. 850.279; gypsum, $46,
000; oils from fish, 831,382; other products,
$27,711; gold and silver, $6,496,925. Total.
$14,671,579. The values of the exports for
the three years preceding, for a seven
months' period, were as follows: 1912. $10,
233,599; 1913, $9,883,081; 1914, $7,743,565.
—O—
Loss of Steamship Edith
The iron freight steamship Edith, owned
by the Alaska Steamship Company, sank
forty-six miles east of Cape St. Elias, about
one hundred miles from Cordova, at 10
oclock on the night of August 30. When
she sank in about 400 feet of water she
carried 2.500 tons of copper concentrates,
valued at $100,000, to the bottom of the
sea. No lives were lost. The Edith was at
one time operated by the Dodwell com
pany. and camp under American register
during the Spanish-American war, when, in
company with the Victoria, Olympia and
Tacoma, she was used as an army transport
by the United States government. Later
she formed one of the Heel of the North
western Steamship Company, and came into
the possession of the Alaska Steamship Com
pany on January 1, 1968. For the past five
months the Edith has been in the ore
carrying trade between LaTouche and Ta
coma. Her captain, C. W. MacMullsn, for
merly was in command of the steamship
Dora.
The following write-up, inspired by the
appearance of a bull moose among the aston
ished miners of Hat creek last week, was
received too late for publication in the last
issue of The Pioneer;
file i p-tirade mining claim, at Hu* head
of J-'iat i rei-k, opera icd by David Mrand
Uerg, iia» Had many distingui.-ln d visiiois
during ns bu>y career. ijcieniillc men, driv
ing into ibi piAVcis of Die earth, i liiicavor
iiig to solv<* the mystery of gold; nuii ng
men of Hole, anil Die v isiting puum .11 gen
era!—all have paid llieir homage to that
hu»y scene and marveled at tlie conquering
of nature, iini it remained lor a more
humble visitor to receive ihe undivided at
tention of Hie operators, miner.-, and ail
those who were for lunate enough lo - «•
the unusual sight. timing ariiviiy erased
for the time being, shovel.- and picks un-e
laid aside, and the merry song of the sauce
box dwindled h- a whisper while :tn ui’-t
rni.-sioii was declareii. The entire ecu vol
untarily ajipoiuted lliemselvi-.- a reception
r..mini nee of one to pay their irqcTis to
the iiioiv than welcome stranger.
A1 break of day ia>i Thursday morning
the night cook a( band Stramlberg's mess
house on the I p tirade, looking down the
rivek. observed through the semi-darkness
what he believed to be a horse struggling in
the quicksands at He- extreme lower end of
tie* big sand flat which i- piling up Troin the
immense amount «.r tailings sent down rrom
the I'p-Cirade. Only recently the two horses
of Mr. Kilgore were mired in this same
place, anti had it not been for the aid or tie*
miners who came to bis assistance, one of
them might have perished. The night rook
watched the struggling animal through the
<h,w hours of coming daylight, and when
Harry, the day chef, came on shirt. hi< at
tention was called to it. Harry, observing
that the animal had horns, and having no
recollection i f seeing a horse with horns,
promptly pronounced it a reindeer and went
about his work. Tor foe it known, .lust about
ihi- time Harry is a pretty busy little man.
turning out ham and eggs, and also has a
standing order for several hundred hot
rakes, which received his undivided at ten.
t 1* Ml.
Finally the animal succeeded in extricat
mg itseif from the treacherous sands and
proceeded up the long slope of tailings to
ward where the men were working. Here
tr was that the sham ear and keen eye of
Fred Labelle came into play. Fred hails
from Isrhkanabn. Mich., and has hunted
moose from the day he discarded rompers
and was able to shoulder a rifle until the
present time. He has trailed them through
the tangled wild- of the rorest-* of l-,-hka
naba to the de-olnt<\ wind-swept wa-tes of
the lower Knskokwim, and can tell when a
moose is dose almost by instinct. In-tin
lively Fred looked up and. sweeping -\l
trained and practiced eve arms'! the laH'nffs
pile, as in the hunting days of old. there
-ore enough, almost unbelievable, was a
ruH-grown moose, weighing perhaps 900 or
l.ouo pounds, leisurely making his way
across the tailings, entirely oblivious to his
civilized surroundings.
Fred knows a moose when he sees one.
and quickly gave the alarm. Work ceased
instantly with one accord, while the hardv
sons of' toil came out from the cut to the
bank, wlvre a better view could be ob
tained. His majesty showed no signs of
excitement nr stag'* fright visible to his ad
miring audience, but seem*
spellbound while he calmly proceeded
across the tailings to Mean A: Sevier’s cabin,
evidently intending to pay his respects to
them. Arriving there, he attempted to mak
his presence known bv rubbing himself
against the corner or the cabin, but Torn
Penn’s dogs strenuously objected to their
master’s cabin being used as a humble rub
bing post, and in their canine wav. half
through fear and half bluff, attempted to
drive the intruder off with yelps and growls,
and forthwith began to make things inter
esting. The moose amused himseir with
the dogs for a Tew minutes, and cavorted in
lively fashion, much to the amusement of
the onlookers on the Up-Grade, endeavoring
to prevent the dogs Trom extracting sundry
souvenirs from his rear. Finally he suc
ceeded in driving the dogs off. and then,
like a true delegate, plavtng no favorites,
he rambled over to the Marietta to pay his
respects to Henry Riley and the boys at the
mess house. His coining was noted, how
ever, and heralded in advance. Henry Riley
was enjoying peaceful slumber and pleasant
dreams, ere he hits the trail for the Out
side. and was rudely aroused by loud and
excited pounding at his door. Reing ap
prised of the presence of so distinguished
a guest. Mr. Riley hastily discarded his pa
jamas made a rather hasty toilet, grabbed
his trusty rifle and quickly proceeded to the
front, readv to slay friend or foe. Lo and
behold 1 only a stone*- throw distant from
his cabin stood the noble animal, proud,
erect and fearless, his splendid head up
lifted. proudlv displaying a spread of ant
lers that might well grace the home or any
sportsman. Like a sentinel he stood, calmly
surveying the world about him, well know
$ S3
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J D@g Lard5 §Oc Bb. ^
■*y^ U
j B©g Bacon,, IOcand 15c lb. J
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j Ball Band Rubber Boots and Pars j j N. C. Co. Sole Agents for Alaska J
ing. perhaps, that he was master of the
situation, anil then, like a flash it dawned {
<.n Henry that he had neglected to load his
rifle.
Tiring, no doubt, of being inquisitively i
stared .it. .Mr. .'loose slowly ambled bark to
tin* upper end or David Strand berg’s big
sand Hat. where the tailings and sand are .
being corraied by the master band oT Frank 1
Anderson. Frank, by the way, has been ac
cused of laying out an iimum.-e race .
roin>c, where future l.vrbys will be run.
Not until the advent of Sir iloyai Moose on
tin* premises for a try-out lias Hie minor
seemed to have any roundatb n in fact, but
the doubting ones now realize that then*
rcailv is -_>inc truth in the assertion. .Mr.
.Moose entered the big arena, salislbe! him
M'if as to the course, and then proceeded
to go some. He evidently was feeling line. ,
and perhaps thought of “the days of real
sport.” At any rale, he set up a record
mat will stami Tor some time to come. .
Stretching forth his long, lithe limbs, In* '
began iu show signs of speed at tin* second
stride. When he reached the center of the
n.urse space was being annihilated at an
alarming rate, and c?v he reached the tlnish
bi* was going I die a locomotive with the
throttle thrown wide open. Mnishmg the
di-tancr it) record time. Pert Kennedy, i
who is some authority on speed, i>fl’c:*»*d n> :
wager Ins winnings on the recent horse race j
that the new entry could beat McachanFs '
now famous blue horse a city block, and •
without any preliminary training. Mis j
stride, which was measured afterward from .
step to step, was eleven feet, and the root- j
prints were as large as a young eh phant s. j
This being only an exhibition try-out. how- j
over, the moose slowed down on reaching i
tin* tundra and then slowly trotted up the •
draw on the right limit, quieting down !
to a walk until he reached the top of tin* j
big divide at the head of Slate creek. Here j
for a brief moment be paused a- if to take i
a Iasi farewell look, the outlines of his j
niagmllcem physique silhouetted against •,
tin* char morning sky. a picture that will |
long be remembered, and then he disap- j
to iced over the brow of the hill toward j
IMsenvery.
ati in* sportsmen were getting ready for the ,
chase. Hjaliner Johnson, with rille in hand !
and his two thoroughbred staghouiuls at j
hi- side, set off in hot pursuit directly on i
hi* trail, while Owen Cray. a seasoned j
hunter and hero or many a hard-fought
rha-'\ Marled < n mound Hie mountain. an
ticipating that he might perhaps circle
around. Artec several hours of tracking
both hunters returned, their efforts to se
cure a shot having proved unavailing. IHs
n.very was notified that there was moose
meat on foot, coming their way. bn! a
sleepy voice responded, “There is no one
up here.”
Put at Hat P was quite different. The
Hranch, which is famous as a central news
distributing agency, and is always the llrsi
to b arn of any important or unusual events,
he it fr*m the local coniines of our little
community or the warring centers of
F.nrope, immediately got busy. So when
genial Jack lvtcrson, who i- a noted game
hunter, and who happened to be on duty at
the time, learned of the presence of a
moose in the vicinity, he donned hi* hunt
ing togs anil with his never-failing rille
- aunt-red up otter creek, promising to give
Mr. Moose a most royal reception should
in* chance to come his way. Hut il is quite
probable that owing to the rather cool re
ception at the head of Flat meek and the
unappreciative ctfort* to make thing* inter
esting and enliven his visit, he decided to
transfer bis presence to more appreciative
rmninuni' >« •
The miners. <>n being reproached for not
securing fresh moose meal when delivered
hi their very doorstep, so to speak, re
sponded that li would he unsportsmanlike
and eliminate the thrill of f!u- chase were
they to have done so. and 11 would be too
tame an affair. Perhaps, also, with that
same gcuerosiiy and kindliness or spirit for
whi'di the boys on the I p-iHade have been
noted tins summer they believed in giving
the animal a fair chance for ils life. Nat
urally. there i< some difference or opinion
as to this, and some believe that H was a
pure ea-e of “buck ague. ’ This i^ a rare
disease in the North, but is quite common
itt the Maine woods and other notable mil
lionaire hunting localities. It usually only
affects the aristocratic dwellers of the
larger cities, who. when on their hunting
trips, and their guide places them face to
face with their quarry, become so spell
bound and fascinated that they are unable
to pull the trigger or slipot. Put seldom
indeed has it been known to affect sea
soned sourdoughs. Grant Murdock, who
held a reserved seat, suggested that it was
tit and proper that the animal should go
unmolested and have the rreedotn or the
creek, for it pad undoubtedly shown itself
to lie a most obliging moose, and perhaps
; bad been given the local Moose password,
and, such being the case, was certainly
entitled to loyally and protection. His royal
highness was uncommunicative, however,
as to win and whence be came, and many
theories have been advanced bv local zoolo
gists and wild game authorities. Within
the recollection of tin* ohle.-t inhabitant
ibis is the first moose to have honored ttvs
section with a visit, over on Moore creek,
only forty miles away, mouse frequently are
met with, and while there is a divide or
two to cross, if is not unreasonable to sup
pose that a stray moose might wander over
this way.
This is their mating or running season,
and a bull moose often will travel 100 |
miles or more in search of his mate. At
this season bull moose an* utterly devoid
[or Tear, and a human being or habitation
has little or no terrors for him.
Another theory advanced is that the
moose had scented the reindeer which have
I been pastured on the slopes of lied moun
tain. at the head iff Fait creek, during the
past few weeks, and as moose have a very
keen scent, their presence could be de
tected a long way off; and it is quite prob
able that he might have decided to investi
gate more closely. A wood chopper who
chanced to come over the bill the following
afternoon reported that he hail noticed
moose tracks almost everywhere on the di
vide. which would go to show that the
moose had been up there for some time
during the previous day and night, and
later wandered down the draw. In attempt
ing to cross the lower end of the big dam
he had become mired in the moving sands,
and perhaps had been struggling there for
several hours. An inspection made after
ward of the scene showed plainly where
the moose had got out of the mire, but
there was no sign of where he entered, the
action or the water and sand having oblit
erated all signs in the meantime.
The moose was first seen at 5:30 in the j
morning by the night cook, and it was a I
few minutes after 7 when he finally j
passed over the hill. How long it had been
| on tin* sand flat before this is merely con- j
! jecture.
If you are in need of anything in our j
line, sec us. Two stores—Flat and Iditarod. j
Boas the Clothier.
ratm ■ if* s rtipm
- I
i
The decision of Judge Bunnell in the case
of VV. F. Dully et ai. vs. David Mrandberg >'
was received from Fairbanks in the last j
until, and as it deals with a question which
is of more than usual importance to mining j
interests hereabouts, a portion of the rulings ,
is given here.
The suit was brought to restrain trespass j
upon a mining claim of tiie plain till, and ;
to recover damages for wood cut by the de- j
femiant thereon. The case hinged upon the j
question as to whether the planum had ]
proved a valid mining claim. Judge Bun- (
neli says:
‘The evidence is that Cleary creek is in j
a placer mining belt; that several creeks in
this section have produced gold in paying
quantities. A ‘paying mine, or one pro- j
(iticing gold in paying quantities, is to be i
construed with reference to whether it will
pay the cost of operation, profits being in
the nature of exce.-s. By new methods of
operation, claims once abandoned have be- J
come [laying mines. It is safe to say that ;
the vast majority of placer mining claims j
in this territory do not show gold in paying j
quantities in every .-haft or in every open j
cut. The ‘paystreuk’ is difficult to locate, j
and such may not exist, but it is more j
liable to be discovered by the claimant |
prospecting his claim and doing the annual |
the value of the claim by virtue of the dis
covery testified to have been made, than by
the defendant, who seeks to cut the timber
thereon and denies the existence of mineral
therein.. According to the evidence, in the
opinion of the court, such discoveries of
gold have been made as are sufficient to
justify the court in holding that prior to
June 1, 1914, a valid discovery of gold had
been made within the boundaries of the
Broken Suowshoe Association placer mining |
claim.
“The evidence cn the question of the al
leged trespass is very conclusive There is
some doubt as to the amount of wood cut
and hauled away. The defendant’s only ex- i
cuse for the trespass is that he considered I
the land more valuable for timber than for 1
‘mining, and that plaintiffs were not hoiding
the claim in good faith as a placer mining
claim. The defendant was not permitted
to show that the land was more valuable
for timber than for mineral. It is a well
established rule that the determination of
the character of the land prior to final entry
and issuance of patent is entirely for the
land department. * *
“The timber on the Broken Snowshoe
Association claim is available for use by
the plaintiffs for certain specific purposes
prior to patent. They have a right to keep
and preserve it standing upon their mining
claim until such time as they require it in
carrying on mining operations on said claim.
They have no right to cut and sell the
timber. It appears to the court that there j
is only one safe rule by which the damage
to a mining claim, as such, by reason of a
timber trespass, can be ascertained, and that
is by showing the value of the claim before
the trespass compared with its value after
the trespass. No stumpage value has been
shown except the price of 25 cents per cord
charged by the government. This cannot
be considered as a measure of the damage.
It is simply the price per cord collected by
the government for certain timber sales.
The damage to the claimants may be less,
or many times more. It was incumbent
upon the plaintiffs to show by reasonably
accurate computation the actual damages
sustained by them as owners of the placer
mining claim. This they have not done.
“The defendant will be restrained from
further trespass, in accordance with the
prayer of the complaint, and nominal dam
ages will be allowed plaintiffs in the sum
'of one dollar.”
—
Marvel Creek Mining Case
Judge Bunnell has also handed down his j
decision in the case of Claude Baker, trus- j
tec, vs. the Marvel Creek Mining A Develop- i
mont Company. This was a suit to fore
close a mortgage dated August 8, 1914. It
purports to secure an indebtedness of
$3,061.20. bearing interest at 10 per cent
per annum, according to the terms of a
promissory note executed by the defendant
corporation to the plaintiff, as trustee for
the respective parties named in the com
plaint. The case was on trial at the Idita
rod term of court, and by permission of
the court briefs supplementing the argu
ments presented by counsel were filed.
The defendant contended that the plaintiff
was not entitled to a decree of foreclosure
Judge Bunnell’s opinion is in part as fol
lows :
“It appears that on the 8th day of August,
1914, the directors of the Marvel Creek Min
ing & Development Company were W. W.
Acheson, Fred Labelle, David Strandberg,
John E. Holmgren and Guy Rivers; that on
the 7th day of August, 1914, a meeting of
the board of directors was held, at which
meeting there were present Directors Ache
son, Rivers and Strandberg; that said meet
ing adjourned to meet at Iditarod the fol
lowing day; that no notice of said special
meeting or adjourned meeting was given to
Labelle and Holmgren; that at said ad
journed meeting there were present Directors
Acheson, Rivers and Strandberg; that the
company was in financial difficulties and
immediate action by the board of directors
was necessary. Thereupon the thre*1 direc
tors, being a majority of the board of <n
'rectors, by unanimous vote authorized the
president and secretary of the company to
do and perform such acts as in their opinion
would best protect the creditors and stock
holders of the corporation After ratifying
the sale of certain property and receiving
payment of $1,000, it was ordered that this
same $1,000 be paid to the plaintiff herein
to apply on the claims of laborer- assigned
to plaintiff as trustee. It was further or
dered that the note and mortgage admitted
in evidence be executed and delivered. Then
is no evidence tending to show fraud or col
lusion. The defendant corporation, nnw un
der other officers, seeks to have this court
declare the execution and delivery of the
mortgage on the 8th of August. 1914. void.
* * »
“The evidence shows that Acheson. the
president of the company, recently returning
from the property of the company on the
Aniak, in the Kuskokwim precinct, reports
that it is impossible to continue operation.-,
and that General Manager Labelie is in
structed to stop all work pending develop
mcnts. Labelie is also one of the directors
of the company, and Holmgren is absent.
In the opinion of the court it was n-'t only
impracticable to give notice to Labelie and
Holmgren, but an emergency existed and
there was more than a reasonable necessity
for the action taken. From the evidence
there is every reason to believe that Di
rctors Acheson, Rivers and Slrandberg
acted in good faith in an honest endeavor
to protect the creditors and stockholders of
“The rights of laborers, part of whom had
filed a lien and the remainder of whom did
not do so because their claims were secured
by a mortgage, will always be protected if it
is within the power of the court so to do.
* * *
“It does not appear that the officers of
the corporation usurped their authority as
such officers. The evidence shows that their
acts come under the head of good business
judgment for the benefit of the corporation,
•».nd the court will not invalidate th»* con
tract.”
Wibories vs. Byers
Judge Bunnell has rendered also his de
cision in the case of Martin Wibories vs.
Earl Byers, a case of some importance as
dealing with the question of attorneys’ fees
The court holds that no commissioner's
court or district court in Alaska can tax at
torneys’ fees as costs in any civil case, ex
cept where specially provided by law or
agreement of the parties.
In a suit brought in the commissioner’s
court by Wibones against Byers, the jury
found for the defendant, and the commis
sioner, in taxing the costs, awarded a $50
attorney’s fee to Byers. In his decision
Judge Bunnell says:
“It certainly was not the intention of
congress to invest the United States com
missioners. as ex officio justices of the
peace, with power of allowing an attor
ney's fee by way of indemnity to be taxed
as costs, except in those cases where the
statute itself makes special provision.”
EASY TO MAKE FORTUNE
SAYS PEGGY MULROONEY
A San Francisco newspaper of August 23
ocntains the following:
“I sigh for new work to conquer " Alex
ander of Macedonia.
And so does Miss Margaret (“Peggy":
Mulrooney, famous woman banker of
Alaska, who is at the Hotel St. Francis.
With unlimited joy of living and a sub
stantial bank account, she is here to see the
exposition.
When she was 19 years old. Miss Mul
rooney returned from her boarding school
in Paris. Said she to her sister, the present
Countess Carboneau: “I have seen Europe,
and it was good. What shall we do now '"
Well, let’s make cur fortunes," was the
ready answer.
At that time several energetic gentlemen
were making fortunes rapidly in the frozen
North. Their prowess and adaptability in
discovering “paystreaks" amazed the world
So the sisters Mulrooney joined the general
rush, with the elder sister as president, while
Miss Peggy became cashier and secretary.
The bank was at Dome Creek, the center
of many gold-bearing creeks. The miners
brought their “pokes” of gold dust to the
bank, where Miss Peggy weighed the pre
cious metal and took charge of it. Hand
some commissions were paid and the insti
tution flourished exceedingly. During the
Arctic winter of Alaska, when mining was
at a standstill, the sisters loaned out money
like any other bank at regular Alaska bank
ing interest.
“It sure was easy money,” says beautiful
Peggy Mulrooney, and she smiles at the rec
ollection. Then, when she and her sister
bad made their “pile,” they disposed of their
bank and bought an apple ranch at North
Yakima, state of Washington.
Miss Mulrooney still has the restlessness
which drove her to Alaska as a girl of 19.
Totiay she is still on the right side of 30.
“I intend to go to South Africa some day,*
she says.
The Boas Clothing Store at Flat. Prices
reasonable.
Nice, delicious easabas just received.
Crowley & Porter.
Assessment Work Blanks at Fiooee/