'Sf/OJE'S
New Winter Styles
Are Here.
OUR very much wanted /
L styles in Dorothy Dodds ||
came in on the last boat: I
A Gunmetal Blucher, medium heel, $4.50
A Kid shoe in wide widths, very
comfortable. . Price - $4.50 ,
A Gunmetal with cloth top, fancy'
lacings- - Very nifty. Price $5.00
A Gunmetal button made on same
lines as above. Price - $5.00
Growing Girls Shoes.
Two numbers in shoes specially adapted
for growing girls. Priced $3.50 & $3.00.
Valdez Mercantile Go., Inc.
GITV TAXES WERE
PROMPTLY PI 1*
Treasurer's Report Shows That More
Than 75 l*er Cent of Taxes
Have Been Received.
Business of a routine nature only
came before the Valdez city council
at its regular session last night, when
All the members of the council with !
the exception of Ed Wood were pres- ,
ent.
The town treasurer’s statement
showed that the treasury was bulging
with money received in payment of
taxes during the last few days prior j
to their becoming delinquent. The !
report shows that more than 75 per:
cent of the taxes have already been :
paid in by property holders who ■
wished to avoid the penalty of ten
per cent. Approximately $8,000 was'
received by the treasurer during Sat-!
arday and Monday, in cash,and war-|
rants issued by the present council. .
The treasurer was instructed to-issue |
a call for all outstanding warrants of ,
the present council, about $2,000.
The total tax roll provided about
$16,000 revenue for the city for the
year, $1,000 of which was offset by
the recent decisions in the tax cases.
About $12,000 has been received by
the treasurer, leaving approximately
$3,000 taxes unpaid. The warrants
called for are embraced between the j
Nos. 4988 and 5273 of the present,
council’s issue.
The question of taking appeals in
the tax cases was informally discuss- j
ed and will be definitely disposed of
at the next meeting of the council. It
is stated that a number of the tax
eases will be carried to the higher
court.
City Attorney O. P. Hubbard re
quested payment of certain bills con
tracted in connection with the case
against the Valdez Dock company,
and which was decided against the
city. Councilman Finical objected to
paying any bills in connection with
the litigation until they had been
presented in proper form. Council
man Heckey sustained the objection
and the matter went over to the next
regular meeting.
No news has been received up to
a late hour this afternoon as to the
movements of the steamer Admiral
Farragut now to the westward. The
steamer went to Kodiak and as she
carried big shipments of freight for
several westward points it is believ
ed she will not return until some
time tomorrow.
BUILDING WHARF
11 FIDALGQ BAY
Alaska Mines Corporation Wharf
Will Permit of Large Steamers
Docking for leading Ore.
The Alaska Mines Corporation, of
which E. D. Reiter is manager, de
veloping copper properties on an ex
tensixe scale at Fidalgo hay, sent a
big shipment of freight to the mine
this morning on the Shamrock.
The company is building a wharf
and ore bunkers at Fidalgo which will
permit of large steamers landing at
any time and discharging or taking
on cargo. The approach to the dock
will be three hundred and seventy
six feet long with a T one hundred
by forty feet.
Native hemlock piles are being
used in the construction of the wharf
and the management has under con
sideration the concreting of the piles,
which would make them indestructi
ble from insects. A new scheme, pat
ented by a Juneau man, has been de
vised whereby piling can be encased
in concrete at a cost considerably
less than the expense of renewing
the piles, and the system will be in
vestigated by Mr. Reiter on his next
trip to the States.
The construction work on the
wharf is under the charge of Lars
Holland, who made a reputation for
himself as a road and bridge builder
while with the Alaska Road commis
sion.
The launch Elvira made the trip to
the-Cliff mine .today.
j ___
FRYE-BRUHN CO.
Whole*ale?and Retail Dealer* in' *
Beef, Mutton, Pork, Veal, Poultry
and Produce.
Sole Agents (or MAYFLOWER BUTTER and EGGS. Phone 29
Imported and Domestic
Wines, Liquers and Cigars
Phone 69
NEW WRINKLE
IN DOCK CASE
Defense Raises Point that Prosecu
tion Cannot Appeal from Ad
verse Judgment.
Attorneys for the Valdez Dock
Company have raised the objection
that no appeal or writ of error will
lie from the judgment of Judge
Brown in the district court dismiss
ing the complaint against the dock
company for violation of the dock or
dinance of the Town of Valdez. They
urge that the judgment of dismissal
has the same effect in law as a ver
dict of acquittal by jury.
The federal constitution provides
that no person may be placed twice
in jeopardy for the same offense. For
that reason the state cannot have a
new trial or an appeal after a ver
dict of acquittal. In this instance
the defendant’s attorneys affirm that
the dismissal of the complain by
Judge Brown after a trial was an
acquittal and was a final determina
tion of the case. They produced
numerous authorities in support of
the contention. On that ground they
made formal objection to allowance
of a writ of error by Judge Brown to
take the case to the circuit court of
appeals, although they agreed with
the suggestion of Judge Brown that
the question of jurisdiction can be!
raised in any case at any stage of |
the proceedings, and that it was not :
necessary to object at this time in or-!
der to save the point. Judge Brown;
stated, however, that he was inclin-!
ed to believe that the objection was
well taken, but he nevertheless sign-:
od the writ of error in order to let;
the appellate court pass upon it if the j
case goes up.
Among the federal and state au-,
thorities cited by counsel for the j
Dock Company are the following:
In United States vs. Sanges, 144 j
U. S. 310, defendants demurred to
an indictment against them and the
demurrer was sustained and the in
dictment quashed in the United
States circuit court for the Northern
district of Georgia. The United
States appealed to the supreme court,
which dismissed the appeal for want
of jurisdiction. In delivering the
opinion of the court Justice Gray
said:
“It is settled by an overwhelm
ing weight of American authority
that the State has no right to sue
out a writ of error upon a judg
ment in favor of the defendant in
a criminal case, except under and
in accordance with expressed stat
utes, whether that judgment was
rendered upon a verdict of acquit
tal or upon the determination by
the court of a question of law.”
Further in the opinjon Justice
Gray cited the following from the
supreme court of Tennessee in dis
missing an appeal by the state after
an acquittal:
“A writ of error, or appeal in
the nature of a writ of error, will
not lie for the State in such a case.
It is a rule of common law that no
one shall be brought twice in
jeopardy for one and the same of
fense. Were it not for this salu
tary rule one obnoxious to the gov
ernment might be harassed and
run down by repeated attempts to
carry on a prosecution against
him. Because of this rule it is
that a new trial cannot be granted
in a criminal case where the de
fendant is acquitted. A writ of
error will lie for the defendant,
but not against him. This is a rule
of such vital importance to the se
curity of the citizen that it can
not be impaired except by express
words.”
It Is claimed by the defendant’s
counsel that the Oregon case of City
of Portland vs. Erickson, 62 Pacific
Reporter, 753, is an absolute paral
lel to the Valdez Dock case. In the
Erickson case defendant was acquit
ted in the municipal court of^ the
City of Portland of violation of a city
ordinance. The city obtained a writ
of review from the circuit court of
Multnomah county, which set aside
the verdict of acquittal and ordered
a new trial. Erickson appealed to
the supreme court, which reversed
the circuit court and dismissed the
case. In the syllabus the court held.
"Where a violator of such ordi
nance was acquitted by the muni
cipal court such acquittal could
not be reviewed by the circuit
court by writ of review, since the
violation of an ondtnance which
the court may punish by ijftprison
mept aside from pecuniary penalty
or forfeiture, in - proceedings crim
inal in nature, though civil in form,
is an offense for which a person
cannot be put twice In Jeopardy."
The court also said “neither a writ
of review npp appeal will lie in crim
inal- cases, except on behalf of the de
Just Received
A large assortment hand painted
china suitable for Xmas.
Also Fresh Rose Bmds from Cali
fornia.
New leather goods suitable for
presents; fancy pillow tops in
felt and leather.
All kinds of smoker’s articles.
Universal Electric percolators,
Eastman Kodaks and supplies.
Japanese baskets one-fourth off.
Christmas candies—see our as
sortment.
Valdez Drug Co.
fendant, unless such right of review
is expressly conferred by statute.”
Counsel for defendant assert with
apparent confidence that if the Dock
case goes to the circuit court of ap
peals on writ of error sued out by
the city it will be dismissed there on
the question of jurisdiction and the
merits of the case will not be dis
cussed.
The Dock case has already cost the
town considerable money in court ex
penses and attorney fees, and if it
goes up on appeal the bill will be
vastly larger.
I
Weather Report.
Valdez, Dec. 7. 1916.
Barometric pressure .29.800
Temperature 7 p. m. .22
Maximum temperature 22
Minimum temperature .16
Mean temperature .18.6
Precipitation (snow) .06
Cloudy, wind northeast. 4 miles;
snowed all night and from 7 a. m.
until 7 p. m.
Interior \\ eutlier.
Valdez, Alaska, Dec. 8. 1915.
Fairbanks, —13; 9 inches snow;
cloudy, calm,
Salcha, —20; 14 inches snow;
cloudy, calm, trail good.
Richardson, —24; 12 inches snow;
clear, calm, trail good.
McCarthy, —20: 18 inches of
snow; clear, calm, trail fair.
Donnelly, —22; 19 inches snow;
clear, calm, trail heavy.
McCallum, —25; 48 Inches snow;
cloudy, calm, trail drifted.
Paxson, zero, 30 inches of snow;
cloudy, calm, trail fair.
Hogan, —1; 20 Inches of snow;
clear, calm, trail fair.
Gulkana. —7; 16 inches of snow;
cloudy, calm, trail good.
Copper Center, —5; 17 inches of
snow; cloudy, calm, trail good.
Tonsina, —10; 32 inches of snow;
cloudy, calm, trail good.
Teikhell, 2 above; 22 inches snow;
cloudy, calm, trail good.
Beaver Dam, —1; 15 inches of
snow; cloudy, calm, trail heavy.
Summit, 10 above, 60 inches of
snow; cloudy, calm, trail drifted.
Wortman’s, 10 above, 15 inches of
snow; cloudy, calm, trail heavy.
Arcade Cafe
OPEN UNTIL • P. M.
We Serre Corona Coffee
Strictly Freeh Egg*.
Jack Caflin _Pwrktw
TIDE TABLES FOR VALDEZ.
Predictions for high and low water
aie taken from the official tide tables
prepared by the U. S. Coast and Geo
detic Survey. The time given for
high and low water is Valdez time,
and the figures Immediately follow
ing the time, indicate the height of
the tide at Valdez. To find the depth
of water, add the tabular height to
the soundings given on the chart,
unless a minus (—) sign is used be
fore the height,tin which case sub
tract it.
Wednesday, December 8.
High—1:36 am., 7.5; 12:52 pm.,
11.3.
Low—6:37 am., 2.4; 7:45 pm. —2.3
Thursday. December 9.
High—2:25 am* 7.6; 1:43 pm., 10.8
Low—7:23 am., 2.5; 8:42 pm., —1.8
Friday, December 10.
High—3:15 am., 7.6; 2:37 pm., 9.9.
IjOW—8:25 am., 2.7; 9:32 pm. —1.1
Saturday, December 11.
High—4:08 am., 7.6; 3:34 pm., 8.9.
Low—9:29 am. 2.8; 10:22 pm. —0.2
Sunday, December 12.
High—6:03 am., 7.7; 4:37 pm., 7.8.
IjOW—10:42 am, 2.9; 11:13 pm, 0.7
Monday, December IS.
High—6:08 am., 7.9; 5:36 pm., 6.8,
Low, 12.07 am., 2.8.
Tuesday, December 14..
High—6:64 am., 7.1; 7:18 pm, 6.2
Low—0.06 aip., 1.8; 1,38 pm., 2.3
Wednesday, December 15
High—7:45 am., 8.4; 8:41*pm, 6.0
Low—-1:02 am, 2.3; 2:48 pm, 1.6.
Thursday, December 16.
High—8:32 am, 8.6; 9:60 pm, 6.1
Low—1:68 am, 3.9; 8:39 pm. 0.9
Friday, December 17.
High—9:16 ami 8.8; 10:47 pm, 6.3
Low—2:62 am. 3.3; 4:26 pm, 0.3
Protect Yourself
Against Theft and Fire
By Placing Your Valuables In a
*
Safe Place.
We have Safety Deposit Boxes to
rent as low as five dollars a year
The First Bank of Valdez
Resources $240,000.
THE PINZON
Cigars Tobacco Fruit Candy
Billiards Pool Card Rooms
El Sidello I m ^ I Optimo
Carabana f If -< £\ pr '■n I Monopole
Juan de Fuca ^1 ^ ^1 X ^ | Van Dyck
- (
Have You Smoked a Garcia vjte?
Our Specialty-Haas & Sons Candy
CHM1DTS BAKERY
FOR GOOD THINGS TO EAT
Doughnuts what am—Cakes and Cookies.
Wiegels High Grade Candies.
Delicatessen and Lunch Goods---Bread 3 for 25c. Call 156
H SWIFT DELIVERY 444<41.44♦ !■ H4-FH44
Valdez Dock Co. phohe wo. i
JOBBER IN
COAL, HAY
GRAIN and
LUMBER
Office, foot of Wall street
Alaska Water, Light and Tele. Co.
' Saturday, December 18.
High—9:66 am, 9.6.
Low—3:40 am, 3.6; 6:06 pm, —0.2
Sunday, December 19.
High—12:43 am, 6.6; 10:43 pm, 9.2
Low—4:26 am, 3.6; 6:42 pm, —0.6
Monday, December 20.
High—0:13 am. 6.7; 11:09 pm, 9.4
Low—6:01 am, 8.6; 6:16 pm, —0.7
Tuesday, December 91.
High—12:49 am. 6.9; 11:44 pm, 9.6
Low—6:87 am, 8.4; 6:49 pm, —0.8
Wednesday, December 92.
High—l:2i{ am, 6.9; 12:20 pm, 9.6
Low—6:11 am, 8.4; 7:20 pm, —.8
Thursday, December 98.
High—1:66 *m. 7.0; 12:84 pm, 9.4
Low—6:47 am, 8.8; 7:61 pm, —0.7
Friday, December 84.
High—2:28 am. 7.0: 1:20, pm, 0.2
Low—7:26 am, 3.3; 8:2* pm, —0.6
DONALDSON SCHEDULE
Lvs. Fort Llscum Lva. Valdes
8:16 a.m. 0:46 a.m.
1:16 p.m. 4:00 p.m.
TUESDAYS
8:16 a.m. 0:46 a.m.
1:16 p.m. 8:00 p.m.
4:30 p.m. 6:00 p.m.
SATURDAYS
1:16 p.m. 4:00 p.m.
7:00 p.m 10:80 p.m.
There will be no trip ot the lamneh
on the aeoond ana fourty Fridays at
eaeh month, these dan being need to
clean boilers.