SEWARD GATEWAY
PUBLISHED WEEKLY BY
GATEWAY PUBLISHING CO.
■ntered a* Second Class matter August Clth.
th« poatofflce at Seward. Alaska, un
der the Ac* of Congress of March S, 1ST?
SUBSCRIPTION RAT t S
On* Year (In Advance) - $3.00
Six Months ... $130
Eastern office 3)3 Alworth Building. Duluth.
Minnesota. Chas B. Aske. authorized agent.
SATURDAY. JUNE 22. 1!M>7
QUESTION OF WATER RIGHT
Judge Wiekershan* has made a de
cision in the United States court at
Juneau upholding broadly the right ol
appropriation of water on public land
for a beneficial purpose, which right is
superior to that of any subsequent rip
arian owner.
The text of the decision has not
reached Seward, the only statement ol
whu purports to he the facts which has
been received here being the accounts
published in the Seattle papers, which
may not be strietly accurate. If these
statements are correct Judge Wicker
sham's decision unquestionably ex
press-'-, the law. notwtthstanding some
Noiie awyers in Seattle critic.s- it
adva . sely. They assert that the rule
laid down by the decision would Injure
some worthy mine owners on Seward
pen;: snla. It i> easy to guess that
the* • notions are clients of the pro
testing lawyers.
The ease decided is that of Thorn
dyk- versus the Alaska-Perseveranee
Mining Company. The corporation
several years ago located a water
right on Lurvev creek. A little later
Thorndyke located ground on Lurvev
creek and claimed u share in the water
as a rioarian owner. He enjoined the
the e-rovnation from diverting the
flow and the suit has been pending
>evi 1 years. T'he corporation claims
that ? ne entire flow of the stream will
be re- aired to run a oOO-stamp mill it
in:e is to erect and claims the water
by priority of location and appropria
te n. The decision was in i*< favor.
A ;*arian owner is a proprietor o(
laud bordering upon, or partly or
who y .no.miing a stream. At com
mon aw and iu tin* older states of
this country following the common
law. mere prior appropriation or use
of the flow of a watercourse conferred
no exclusive right to its continued use
as a a.ns* other riparian owners, and
ther>* was no warrant of law tor the
appropriation and diversion of water
by one not a riparian owner.
The doerine of right of appropriation
of the flow of a watercourse for a
beneficial Use arose in the western
states because 01 pecuiar conditions
there. In the arid regions water for
irrigation can be obtained and a per
niun* a* supply assured in no otherway.
Wat r for mining operations a A » must
be secured by permanent appropriation
of a regular flow. From tlies.- neces
sities arose the custom which has been
reinforced by statutory law both in the
Unit *d Elates and Canada, establishing
the ;igiit of prior appropriation of
water either ot' a watercourse or a
natural r s-:woir. such as a lake or
pond. Later appropriations may law
fully take the residue of a flow and no
mor*.
In Atchison Ts. Peterson. 2o Wall.
(I*, s. .VJO, Justice Field gives the
reason of the later rule in contraven-l
♦ion of tin- common law as follows:
‘The government, by its silent uc
quiescence, assenteu to the general
occupation of tiie public lands for miti-;
ing. and. to encourage their free and
unlimited use for that purpose, reserv-j
ed such lands as were mineral from
sale and the acquisition by settlement.
And lie who first connects his own
labor with property thus situated anti
open to general exploration does, in
natural justice, acquire a better right;
to its use and enjoyment than others,
who have not given such labor. So t he
miners un the public lauds throughout ,
the Pacific states and territories, by J
their customs, usages and regulations,
even where recognized the inherent:
justice of this principle; and the prin-!
ciple itself was at an early period recog
nized by legislation, and enforced by
the courts in those states and terri
tories.'’
While a subsequent riparian owner
might in some cases in good faith wish
to claim the tlow of the watercourse
bordering his land, the assertion by
law of the superiority of riparian rights
would enable mere speculators in the
labor of others to locate riparian lands
for the sole purpose of holding up a
vast raining interest which was al
ready using the water.
Roosevelt and Harriman and Tom
Lawsou must be sawing a lot of timber
these days, else why this failure of
each and all of them to deliver a mes
sage to the world for several days?
The fake story that the Japanese
ambassador wa9 to be recalled indicates
that the silly season has arrived with
the heat on the Atlantic seaboard.
Edith McGorray married a Schwab
and refused a wedding present of
$2,000,000, which is a remarkable
thing begorra.
REFORMING FOR GLORY
If further cumulative evidence were
needed to prove that Francis J. Heney
is a blatant demagogue who enacts
the role of professional prosecutor for
glorv and employs the methods of u
shyster to win, it is furnished by hi?
dictation of the election of James
Gallagher as mayor of San Francisco.
Gallagher is one of the eighteen con
fessed bribe-taking supervisors of the
city and county of San Francisco whe
are now acting as stool-pigeons of tlu
“reform” district attorney. Kach ont
of them has been granted immunity
j for his aid to Heney in scalping raei
i who had nerve enough to light.
A few months ago when the Ruel
gang designated this same Gallaghei
as acting mayor while Schmitz was in
Kurope a howl of indignation went u|
from the Heney cabal. As agent e
Ruef he was unlit ted for mayor. As
the tool of Heney he is satisfactory.
Heney runs all his prosecutions like
ar. actor on the Iwards. He is work
ing for glory and in order to brinj’
down men who have once amounted t<
something he makes deals with any
cheap grafter who will get on his knees
and thus pay tribute to Heney’s diseas
ed vanity and egotism. He did this in
Oregon. He is doing it in San Fran
cisco.
Shakespeare was thinking of such
fellows a> Heney when he wrote:
"Man. proud man. drest in a 1 itt It
brie? authority plays such fantastic
tricks before high heaven as make tin
angels weep.”
Seattle restaurant- now give only
two -inkers instead of three and the
cotlee cups have shrunk in si/.e. The
Times goe- further and asserts that
they out pies in live pieces instead of
four, but that is plainly a mistake a
no Seattle restaurant since the Spirit
wa- horn ever cut a pie in less than
live pieces. It must be that the arc
of the sectors have been reduced from
degrees to tk).
It there is anything remarkable
a!* ut the Montana decision that mur
■ dot i- a bailable offense the court must
have decided that it is bailable in all
ea- because it is bailable every
where except when the proof is evident
or the presumption is great.
The Portland dispatch telling of the
dry Sunday there adds that there wa
ne disorder. It may be worthy of
comment that Portland men restrained
themselves from rioting when they
wore cut off from refreshments.
Just as Great Britain offers to iron
' out the wrinkled front of grim-visaged
war comes the Japanese minister of
-late and say- there aint no fuss worth
mentioning between Japan and the
United States.
Wilson Mtzuer continues to break in
o print and if somebody* would kick a
bale of hay out of him the story would
; be worth publishing.
Perhaps the czar did not notice that
he was starting something on the anni
versary of Bunker Hill.
It is probable that in this French
w.ne grower-' rioting -ome of the
growers are also drinkers.
The dope story newspaper brigade
-eem-to be represented in Boise.
RIAL ESTATE AND
MINING RECORDS
Deeds
‘ L. Ballaine et ux to A. C. Gould
at.d F. J. Conner — lot 30, block 14,
Seward.
F. L. Ballaine et ux to John W. Allen
— lot 10, block 10, Seward.
F. L. Ballaine et ux to A. F. Ras
mussen — lot 4, block 9, Seward.
F. L. Ballaine et ux to Henry Tho
day — lot 25, block 13, Seward.
Quartz Locations.
A. C. Gould and Mark Moramito —
on Sunny bay.
C. E. Stevenson — Falls creek.
J. \V. Stevenson — Falls creek.
A. Lowell, F. Laubner and Anton
Eide —three claims on Sunny bay.
W. G. Wharf —four claims near Sel
dovia.
Mill and Trading Site
W. G. Wharf — 2 1-2 acres near Sel
dovir.
WEEKLY WEATHER RECORD
Weathet record for the week ending
June 22:
Temperature.
Max. Min.
Sunday 57 47 Cloudy
Monday 55 48 Rain
Tuesday 49 46 Rain
Wednesday 54 46 Rain
Thursday 56 44 Part cloudy
Friday 54 44 Rain
Saturday 53 46 Rain
SEWARD STEAMERS
Portland; sailed for Seldovia and
Kodiak 21st.
Santa Clara; sailed from Seattle 17th.
Bertha; sails from Seattle 25th.
Saratoga; sailed for Seattle 18th.
Elsie; due in Seward from sound
o.orts 22nd.
Dora; sailed for Unalaska 19th.
TAFT MAY NOT
STAY IN FIGHT
Physically III and Never Had Any
Heart in Contest for
Presidency.
By CabU to Tbs Dolly Gateway.
Washington, D. C., June 19—It is
statod that the possibility is growing
that Secretary Taft may withdraw
from the presidential race. He is
physically ill and his heart never was
in the light. Hi* aspirations were al
ways for a judicial career and it only
the urging of his friends that m ule
him consent to stand as a candidate
for the republican nomination in 190?.
CZAR DISSOLVES
RUSSIAN DAUMA
(Continued from page 1.)
ing to seize the battleships and bom
bard the coast cities. The plot was
discovered before the movement was
ready for action.
Avoids Open Revolt
St. Petersburg, June 18-Open revolt
lias probable been averted. Reports
from all parts of Russia state the
peasantry is quiet.
Mutiny Causes Bloody Battle
Kiev, Russia, June 19—The Twenty
first battalion mutinied this morning
and killed its commander. Five loyal
companies were summoned and after a
tight in which many men were killed
the mutineers were arrested.
STATE RESTS IN
HAYWOOD TRIAL
(Continued from page 1)
to go to Caldwell to sit in place of
Judge Bryan in the Orchard case, the
latter being disqualified.
Steve Adams will he placed on the
witness stand tomorrow by the pros
ecution in the 11 aa wood trial. So far
the prosecution has not established
any connection between Haywood and
Orchard,
Pettlbone Denies Story
Boise, June 18—George A. Petti
bone, one of the three federation men
accused of complicity in the murder of
Steunenberg, denies the story sent out
that ho was once a Pinkerton detect
ive and went into the federation for
the purpose of turning against the
other two men.
Orchard is on the witness stand
again today.
Say Orchard Was in Juneau
Seattle, June IP It is reported from
Juneau that llarry Orchard was there
three years ago and that he tried to
kill Joseph McDonald, then superin
tendent of the Treadwell mine, but
detectives became suspicious of his
actions and ordered him out of the
country. It is said that Orchard fol
lowed Bradley there to kill the latter.
The average age of the jury that is
trying Haywood at Boise is <77 years.
As most of them are accustomed to
out-of-door life fears are felt that some
one of them may fall ill and cause a
mistrial through inability to finish the
hearing.
Capt. G. K. Armstrong, who will
superintend the construction of the
Sunrise trail, was a sergeant of the
Bough Bidet s in Cuba, and afterward
got the leaf on his shoulder in the
Philippines.
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_
L. V. RAY
ATTORNEY-AT-LAW
Over Bunk of Seward
E. E. RITCHIE
ATTORNEY - AT - LAW
Ray Building, -:- Seward, Alaska
|H. S. FARRIS
LAWYER
NOTARY PUBLIC
Ray Building, - - Seward, Alaska
J. A. BAUGHMAN
PHYSICIAN
and SURGEON
City ofllce: Owl Dru« Store.
Home office: At Railroad Hospital
GUNTHER’S
FAMOUS
CANDIES
I Fresh shipments direct from
the Factory every' '
month of
I FANCY CANDIES
Bon Bons
Italian Creams
Swiss Milk Chocolates
Glace Fruits
175c. and SI,00 per Pound
Q Not how cheap, but ho-.v jfootl is g
our aim. Every b >x iniaran
a tued fresh, or money refunded,
i
If you desire, write or ship to
MCMILLAN f LiR & WOOL CO.
41 Langley St., Victoria, B. C.
G. W. PALMER
GENERAL MERCHANDISE
Prospectors Outfits High
est Prices Paid for Furs—
Knik P. O. Alaska
REMODELED
THE RAINIER-GRAND HOTEL
SEATTLE
Popular Prices —New Management
Central Location-European Plan
Greatest Cafe and Bar Service in the City
Wilson & White Co.. Prop. Chas Perry. Mgr'
MMW————————■ j
I Meets every second and fourth Sat- I
urday evening In Fire Hall.
I J. L. HEED, F. E. YOUNGS,
^^Arctl^tecor dei\^^^^Arctlc^Mef^^
H. E. ELLSWORTH
SEWAHD. ALASKA.
ASSAY OFFICE
Reports on mines. Ore Analysis
Gold. 81.50
Gold and Silver. 2.00
Copper. )
Lead. I-®®
Gold, Silver and Lead. 3.50
Gold. Silver and Copper. 3.50
Gold. Silver. Copper and Lead. 4.50
Gold and Silver Umpire. 5.00
Iron.....
Sulphur. Aluminum, Tin. Platinum.
Quicksilver. Zinc, Nickel. Cobalt.
Chromium, etc.•••• 6.00
Mill tests..815 to 830
Ore analysis...810 and up |
Gold reflned. melted, assayed and bought
Jf you want a free sample copy of the
most progressive and up-to-date min
ing journal published send your name
t» Mining Topics, 64 Fulton street,
New York. Its news is authentic and
unbiased and the paper is devoted to
the specific and general interests of
mining in every field.^
*.. \
PACIFIC COAST TRADING CO.
rL“x^ OUTFITTERS
For the next Thirty Days ail Suits and Pants will
be sold at cost.
We carry the Celebrated Barington Hall Steel Cut
Coffee. Also the Gold Nugget brand which we
have handled for six years. It is always the same.
Prospectors, ask your friends where to Outfit, and
you will always find the right place.
PACIFIC COAST TRADING CO.
T. D. CORLEW. MANAGER.
Iknik trading company
0. C. HERNING, Manager.
1 ™PROSPECTORS’ OUTFITS A SPECIALTY™*
\ A new stock will arrive May— t
first river boat connections. \
- Alaska
f IU14 UtMMMHK MMHUBMUXtTX MMMBIHnMn JMnunaMBMUHaMOBnMMMni
BOOTH & CO.
-WS
HOPE AND CIRDWOOD
BSVCall on the old reliable firm of Booth & Co. for anything in the
Liquor and Cigar line. Mi Eleccion Cigars, Old Line and Hunter Kye,
Nelson Co. Bourbon. Olympia Beer. Everything first-class. Best
of attention, run on the live and let live plan.
Glrdwood, Alaska. C. R. BOOTH, Manager.
---
Northern Saloon
E. L. WHITTEMORE, PROPRIETOR.
.
WINES, LIQUORS AND CIGARS
FOURTH AVENUE, SEWARD, ALASKA.
- ■>
i, D. C. BROWNELL I k
the ONLY EXCLUSIVE
Hardware Store j[
THE ALASKA TRANSFER
CHRISTIENSEN & LAUBNER. Proprietors
Pianos and Safes Moved sp.*,.
Give us your orders for Coal & Wood
General Forwarders PHONE MAIN Seward. Alaska I
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Type Writer Supplies Magazines Books Papers
Cigars Tobaccos Pipes Candy Fruits
Fourth Avenue Seward, Alaska