Serial 01654, Sur. 1109
In the United States Land Office, Ju
neau, Alaska, May 24* 1917.
NOTICE OF APPLICATION FOR
PATENT
NOTICE IS HEREBY GIVEN that
Andrew Grosvold, as assignee of De
borah A. Luthy. being entitled to the
benefits of Section 230(5 of the Revised
Statutes of the United States and the
amendments thereto, has applied to
make entry of the lands embraced in
United States Non-mineral survey No.
1109 situate on Sand Spit at Sand
Point, Humboldt Harbor. Popot Island,
Shumigan Group, District ot Alaska,
more particularly described as tol
lows: ,
Beg. cor No. 1 at ordinary lugn
tide bo!tch Popof Straits, cor. not set,
wit. cor. bears North 1.35 chs. dist.;
from which wit. cor. Sand Point Post
Office bears N. 35 dog. 31 min. r. ;
thence from true cor. No. I North
19.37 chs. to cor. No. 2, cor. not set,
wit. cor. bears South 0.87 chs.; trom
which wit. cor. U. S. L. M. Sur. 114o
bears S. 78 deg. 01 min. W. 13.03 chs.;
Astronomical Station bears S. ii> dog.
29 min. \Y. 13.01 chs.; thence trom
true cor. No. 2 meandering beach at
ordinary high tide. Humboldt Harbor
ami Popof Straits 11 > S. 85 deg. 08
min. W. 5.19 chs. t2) S. M deg. ...
min. W. 6.04 chs. (3) S. h deg.
min. W. 1.70 chs. (4) S. 59 deg. L>
min. W. 1.08 chs. (5) S. 31 deg. 48 nun.
W. 1.02 chs. (0) S. 1 deg. 12 min.
0.92 chs. (7) S. 31 deg. 11 nun. L. b.iO
chs. (S) S. 3G deg. 01 min. L. 4.0fc chs.
(9) S. 45 deg. 27 nun. L._o.„:_ chs. (.0)
S. 54 deg. 45 min. E. 7.55 chs. to cor.
No. 1, place of beginning. Area 1 j.8
acres. Variation at all corners 19 deg.
10 min. East. Lat. 55 deg. IS min.
44 sec. N. Long. 150 deg. 31 min. 00
sec. W. .... * i
As additional to original homestead
entry of Deborah A. Luthy, widow ot
Godfrey Luthy, No. 5199 and 59.3 en
tered at Boonville, Mo., which said
scrip is filed in Juneau Serial 01054.
Any and all persons claiming ad
versely any portion of the above de
scribed tract of land are required to
file with the Register and Receiver
of the United States Land Office at
Juneau, Alaska, their adverse claim
thereto, under oath, during the period
of publication, or within thirty days
thereafter, or they will be barred by
the provisions of the Statute.
ANDREW GROSVOLD,
By NEWARK L. BURTON.
Attorney in Fact.
First publication June 2.>. 1911.
Last publication Sept. 5. 1917.
IT IS HEREBY ORDERED THAT
the foregoing Notice be published tor
the statutory period in The Gateway,
a newspaper of general circulation
printed at Seward, Alaska, the neat
est newspaper to said above described
claim or survey. .
C. B. WALKER. Register.
No. 02762.
In the United States Land Oijice at
Juneau, Alaska, June 21, 1917.
NOTICE OF APPLICATION FOR
PATENT.
NOTICE IS HEREBY GIVEN.
That under and in pursuance of the
Act of Congress of May 14. IS!>\ as
amended by the Act of Congress of
March 3, 190 . granting additi
land to soldiers and sailors who served
in the army and navy of the United
States during the Civil War, the un
dersigned, Kennecott Coppei ( oipoi -
ation, a corporation, the post ot Vice ad
dress and place of business ot which
said corporation is at the l own ot
Latouche, upon Latouche Island, in
the Territory of Alaska, has made ap
plication for a patent to a trac t ot tand
situated upon the westerly shore »d
Latouche Island, in the Territory oi
Alaska, containing 13.35 acres entered
in the United States Land Office at
Juneau. Alaska, under the serial num
ber 02762, and surveyed and platted
as United States Survey No. 712. The
said Kennecott Copper Corporation
has entered upon the said tract ot land
as the assignee of Henry J. Lnge ,
who served in the army of the United
States during the Civil War, from Oc
tober 2, 1861, to October 10. 18T»4. m
Company “I,” 86th Regiment of New
York Volunteers, and who received an
honorable discharge from said ser
vice.
The said tract of land lies upon the
easterly shore of Latouche l us^age
upon said Latouche Island, letritoi\
of Alaska, at Latitude 60 degrees 03
minutes north, Longtitude 14. degrees
54 minutes 50 seconds west, and is
adjacent to the Town of Latouche,
Alaska; a more particular description
of which said tract is as follows:
Beginning at Corner No. 1, meander
corner, upon the easterly shore of La
touche Passage at the point where said
shore line is intersected by the north
erly end line of Shore Lode mining
claim, known as United States Sur
vey No. 584, patented; thence south
60 degrees 34 minutes east, 2.34
chains to Corner No. *2, being iden
tical with the northeasterly corner of
said Shore Lode mining claim, United
States Survey No. 584; thence south
27 degrees 51 minutes west, following
the easterly boundary or line of said
Shore Lode mining claim, patented,
3.13^ chains to Corner No. 3; thence
south 61 degrees 57 minutes east along
the northerly boundary or line of the
Julia Lode mining claim, United States
Survey No. 584, patented, 5.42 chains
to Corner No. 4, from which said Cor
ner No. 4 United States location mon
lment No. 1 bears south 78 degrees
15 minutes west, 23.60 chains distant;
hence north 27 degrees 57 minutes
?ast along the westerly boundary or
ine of Gravina Lode mining claim,
Jnited States Survey No. 782, 20.32
hains to Comer No. 5; thence noi th
1 degrees 27 minutes west, 2.18
Wains, following the southerly end
ne of Beach Lode mining claim,
Ini ted States Survey No. 782, to Cor
er No. 6; thence due west 3.28 chains
» Comer No. 7, Meander Corner, upon
to easterly shore of Latouche 1’as
'g®» thence following the meanders
• said shore line as follows:
First course, south 77 degrees 4.>
inutes west, 1.50 chains; second
•urse, south 71 degrees 45 minutes
•at, 1.10 chains; third course, south
; degrees 15 minutes west, 0.80
chains; fourth course, south 23 de
grees 15 minutes west, 0.70 chains;
fifth course, south 0 degrees 30 min
utes east, 0.00 chains; sixth course,
south 2S degrees 30 minutes west, 1.30
chains; seventh course, south 7 degrees
15 minutes west, 0.00 chains; eighth
course, south 30 degrees 06 minutes
west, 0.70 chains; ninth course, south
35 degrees 00 minutes west, 5.10
chains; tenth course, south 36 degrees
45 minutes west, 2.40 chains; eleventh
course, south 20 degrees 15 minutes
west, 1.66 chains, to the point of be
ginning. Magnetic variation 20 de
grees 40 minutes east.
The foregoing description by metes
and hounds is according to the official
plat and field notes on file in the olfice
of the Register of the Land Olfice at
Juneau, Alaska, a copy of which said
official plat is posted upon the land
with this notice of application tor pat
ent.
Hate of posting this notice on the
land, June 14, 1917.
C. 11. WALKER,
Register.
First Pub. Aug. 8, 1917.
1 art Pub. Oct 18,1917.
Serial 01 SO l. Survey 730.
In the United States Land Office, Ju
neau, Alaska, May 24, 1017.
NOTICE OF APPLICATION FOR
PATENT
NOTICE is hereby given that John
H. Olson and Ned Olson, partners un
der the name of Olson Brothers, as
assignee of Ezra Bartholomew, being
entitled to the benlits of Section 2306
of the Revised Statutes of the l nited
Suites and the amendments thereto,
has applied to make entry of the lands
embraced in United States Non-min
eral Survey No. 720, situate on right
bank of King Salmon Creek about
21 miles above its confluence with
kvichak Bay. Alaska, more particu
larly described as follows, to-wit:
Beginning Bf. C. cor. No. 1 on beach
King Salmon Creek at average high
title, cor. not set, wit. cor. rock in
ground marked W. C. Cor. No. 1, S.
730, bears West 2.05 chs. dist.; saltery
building bears N. 14 deg. 10 min. E.
I. 77 chs.; S. W. Cor. wharf bears N.
47 deg. OS min. E. 1.46 chs.; thence
West 4.24 chs, to cor. No. 2 rock set
in ground marked S. 730 cor. No. 2;
thence North 7.75 chs. to cor. No. 3
an iron pipe set in ground marked
S. 730 Cor. No. 3 from whence U. S.
L. M. 730 bears S. 70 deg. 33 min. E.
3.00 chs.; Johnson’s Hill bears S. 5
deg. 26 min. W.; thence East 0.08 chs.
to cor. No. 4 an iron pipe set in ground
narked S. 730 cor. No. 4; thence
South 2.15 chs. to M. C. Cor. No. 5,
cor. not set, wit. cor. a rock in ground
marked S. 730 Cor. 5 VV. C. bears
North 1.00 chs.; thence meandering
beach King Salmon Creek at ordinary
high tide (1) S. 25 deg. 26 min. W.
1.61 chs.; (2) S. 48 deg. 50 min. W.
3>3 chs.; (3) S. 37 deg. 42 min. W.
2.06 chs. to M. G. Cor. No. 1. place of
beginning. Area 5.76 acres. Variation
at all corners 23 deg. oo nun. hast.
Long. 157 deg. 40 min. W. Lat. 58
deg. 52 min. 18 sec. North.
As additional to original homestead
entry of Exra Bartholomew, No..
entered at Iowa. Scrip tiled in Juneau
Ser. 01802 to which reference is here
by made.
Any and all persons claiming ad
versely any portion of the above de
scribed tract of land are required to
tile with the Register and Receiver of
the United States hand Ollice at Ju
neau, Alaska, their adverse claim
thereto, under oath, during the period
of publication or within thirty days
thereafter, or they will be barred by
the provisions of the Statute.
C. 1>. WALKER,
Register.
First Publication August 1, 1917. _
Last Publication October 11, 1917.^
Serial 01687, Sur. 230.
In the United States Land Office, Ju
neau, Alaska, iVluy 21, 1J11.
NOTICE OF APPLICATION FOR
PATENT
NOTICE is hereby given that An
drew Grosvold, as assignee of Deborah
A. Luthy, being entitled to the bene
i fits of Section 2300 of the Kevised
Statutes of the United States and the
amendments thereto, has applied to
make entry of the lands embraced in
United States Non-mineral survey No.
230 situate on Northerly shore of
Chernabura Island, Shumigan Island
Group, District of Alaska, more par
ticularly described as follows, to-wit:
l>eg. cor. No. 1 at ordinary high tide,
Pacific Ocean cor. not set, wit. cor. I
bears South 1.58 chs. from which wit.
cor. U. S. L. M. Sur. 230 bears S. 87
deg. 5S min. W. 19.41 chs.; thence from
true cor. No. 1 South 3.14 chs. to Cor.
No. 2; thence East 5.70 chs. to Cor.
No. 3; thence North 0.50 chs. to cor.
No. 4, cor. not set, wit. cor. bears
South 1.24 chs.; thence from true cor.
No. 4 meandering beach Pacific Ocean
at ordinary high tide (1) S. 51 deg.
43 min. W. 2.02 chs.; (2) S. 00 deg.
48 min. W. 1.84 chs. (3) S. 36 deg. 04
min. W. 1.25 chs. (4) N. 63 deg. 22
min. W. 0.55 chs. (5) S. 70 deg. 26
min. W. 1.35 chs. to cor. No. 1, place
of beginning. Area 2.59 acres._ Var
iation at all corners 19 deg. 15 min.
East. Latitude 54 deg. 49 min. 52 sec.
N. Longitude 159 deg. 31 min. 00
sec. W.
As additional to original homestead
entry of Deborah A. Luthy, widow of
Godfrey Luthy, No. 5199 and 5973 en
tered at Boonville, Mo., which said
scrip is filed in Juneau Serial 01654.
Any and all persons claiming ad
versely any portion of the above de
scribed tract of land are required to
file with the Register and Receiver of
the United States Land Office at Ju
neau, Alaska, their adverse claim
thereto, under oath, during the period
of publication, or within thirty days
thereafter, or they will be barred by
the provisions of the Statute.
ANDREW GROSVOLD,
By NEWARK L. BURTON,
Attorney in Fact.
First publication Aug. 4, 1917.
Last publication Oct. 15, 1917.
IT IS HEREBY ORDERED that
the foregoing Notice be published for
the statutory period in The Gateway,
a newspaper of general circulation,
printed at Seward, Alaska, the nearest
newspaper to said above described
claim or survey.
C. B. WALKER, Register.
Serial 03562, Survey 1147
In the United States Land Office, Ju
neau, Alaska, May 7, 1017.
NOTICE OF APPLICATION FOR
PATENT
NOTICE is hereby given that PA
CIFIC AMERICAN FISHERIES, a
corporation, as assignee of John
Letcher and Moses E. Lowell, being
entitled to the benefits of Section 2306
of the Revised Statutes of the United
Siates and the amendments thereto,
lias applied to make entry of the
lands embraced in United States Non
miacral survey No. 1147 situate just
inside Entrance Point, Port Moller,
Lering Sea, Alaska, more particularly
described as follows, to-wit:
Leg. cor. No. 1 berth Port Moller
at ordinary high tide, cor. not set,,
wit. cor. bears North 5.62 chs. dist.;
thence North 15.83 chs. to cor. No. 2|
from whence Point Divide bears S.
Jog. 24 min. VV. USLMS 1147 bears
N. 5b deg. 55 min. E. 4.15 chs. dist.;
thence East 8.27 chs. to cor. No. 3;
thence meandering beach at ordinary
high tide Port Moller, (1) S. 16 deg.
53 min. E. 1.52 chs.; (2) S. 41 deg.
58 min. E. 3.09 chs. (3) S. 38 deg.
55 min. E. 4. 34 chs. (4) S. 52 deg.
01 min. VV. 6.35 chs. (5) b. 41 deg. 5<
min VV. 1.54 chs. (6) b. 25 deg. 38
niin. VV. 1.95 chs. (7) S. 49 deg. 04
min. W. 3.1 • (8) N. 82 deg. 38
min. VV. 3.91 chi*, to cor. No. 1, place
of beginning. Area 15.18 acres. Var
iation all corners 19 deg. 40 min. E.
Lat. 55 deg. 59 min. 19 sec. N. Long.
160 deg. 34 min. VV.
As additional to original homestead
entries oi* John Betcher and Moses E.
Lowell, No. 3733 and No. 3542, en
tered at Redwood Falls, Minn., and
Junction City, Kan., respectively.
Any and all persons claiming ad
versely any portion ot the above de
scribed tract of land are required to
file with the Register and Receiver oi'
tne United States Land Oil ice at Ju
neau, Alaska, their adverse claim
thereto, under oath, during the period
ot publication, or within thirty days
thereafter, or they will be barred by
the provisions of the Statute,
p U IF1C AMI \N FISHERIES,
By NEWARK L. BURTON,
Its Attorney in Fact.
First publication M;u’ 15, 11)17.
Last publication October L3, ldlT.
IT lb HEREBY ORDERED that the
foregoing notice be published for the
statutory period in tRe Seward (.late
way, a newspaper of general circula
tion printed at Seward, Alaska, the
nearest newspaper to said above de
scribed claim or survey.
C. B. WALKER, Register. |
Serial 01080, Sur. 184
In the United States Land Office, Ju
neau, Alaska, .Hay 24, 1911•
NOTICE OF APPLICATION FOR
PATENT
NOTICE is hereby given that An
drew Grosvold, as assignee of Deborah
A. Luthy, being entitled to the bene
fits of Section 230G of the Revised
Statutes of the United States and the
amendments thereto, has applied to
make entry of the lands embraced in
United States Non-mineral survey No.
1M situate on Northerly shore of Dird
Island, Shumigan Island Group, Dis
trict of Alaska, more particularly de
scribed as follows, to-witi
Leg. Cor. No. 1 on beach at ordi
nary high tide Pacific Ocean, cor. not
set, wit. cor. bears South 1.59 chs.,
from which wit. cor. top of Twin Rocks
bears North 22 deg. 05 min. VV.; U.
L. M. Sur. 184 bears N. deg. IT
nnn VV. 3.G1 chs.; thence from true cor.
No. 1 South 9.17 chs. to cor. No. 2,
thence West 12.91 chs. to cor. No. 3;
thence North 14.44 chs. to cor. No. 4,
cor. not set, wit. cor. bears South
1.G2 chs.; thence from true cor. No.
4 meandering beach Pacific Ocean at
ordinary high tide (1) S. 51 deg. 3b
min. E. G.72 chs. to cor. No. 1 place
of beginning. Area 14.4G acres. Var
iation at all corners 20 deg. 00 min.
. last. Latitude 54 deg. 49 min. 5G sec.
a. Longitude 159 deg. 44 min. 00 sec.
VV.
..... • •• ii i i
As additional to original homestead
entry of Deborah A. Luthy, widow ol
Godfrey Luthy, No. 5100 and 5073 en
tered at Boonville, 51o„ which said
scrip is filed in Juneau Serial 01054.
Any and all persons claiming ad
versely any portion of the above de
scribed tract of land are required to
file with the Register and Receiver
of the United States Land Office at
Juneau, Alaska, their adverse claim
thereto under oath, during the period
of publication, or withing thirty days
thereafter, or they will be barred by
the provisions of the Statute.
ANDREW GROSVOLD,
By NEWARK L. BURTON,
Attorney in Fact.
First publication June 25, 1017.
' Last publication Sept. 5, 1017.
I IT IS HEREBY ORDERED that the
foregoing Notice be published for the
stautory period in the Gateway, a
newspaper of general circulation,
printed at Seward, Alaska, the near
est newspaper to said above described
claim or survey.
C. B. WALKER. Register.
Serial No. 01601
| Additional Entry Under Section 2306
of the Revised Statutes of the Unit
ed States.
—
APPLICATION
United States Land Office, Juneau,
Alaska, April 1, 1917.
ALASKA PACKERS ASSOCIA
TION, assignee of David Jenkins, be
ing entitled to the benefits of Section
2306 of the Revised Statutes of the
United States granting additional
lands to soldiers and sailors who serv
ed in the Rebellion, does hereby apply
to enter United States Survey No.
102S, situate on the left bank of Nak
nek River, between United States
Surveys Nos. 69 and 527, about fifty
seven (57) chains southwest of latter
survey, Bristol Bay, Bering Sea, Dis
trict of Alaska, and more particularly
described as follows, to-wit:
Commencing at M. C. Corner No. 1
on the left bank of Naknek River,
whence Witness Corner bears South
1.03 chains; thence South 12.37 chains
to Corner No. 2, whence southeast
corner of cannery building on Survey
544 bears North 75 deg. 23 min. West,
and mast at Wireless Station adjoin
ing Survey 69 bears South 68 deg 08
min. West 83.88 chains, and 3-ir.ch
iron pipe marked “U. S. L. M.” bears
South 49 deg. 00 min. West 18.45
chains; thence East 12.17 chains to
Corner No. 3, whence southeast cor
ner of Cannery building bears North
76 deg. 45 mm. West, and Witness
Corner to Corner No. 1, Survey 527,
bears North 29 deg. 57 min. East 57.02
chains, and United States Location
Monument, Survey 1028, bears North
31 deg. 35 min. East 24.70 chains;
thence North 14.22 chains to M. C.
Corner No. 4, whence Witness Corner
bears South .98 chains, from whence
southeast corner of Cannery building
bears North 82 deg. 44 min. West;
thence meandering along the shore
line to Naknek River;
(1) North 60 deg. 31 min. West 1.61
chains; (2) North 44 deg. 58 min. East
1.98 chains; (3) North 10 deg. 09 min.
West 0.83 chains; (4) North 61 deg.
36 min. West 0.66 chains; (5) South
63 deg. 06 min. West 3.53 chains; (6)
South 73 deg. 38 min. West 1.77
chains; (7) South 33 deg. 09 min.
West 2.40 chains; (8) South 49 deg.
41 min. West 0.78 chains; (9) North
75 deg. 40 min. West 2.27 chains; (10)
South 72 deg. 12 min. West 1.53
chains; (11) South 57 deg. 21 min.
West 1.22 chains to M. C. Corner No.
1 and the place of beginning.
Area 17.87 acres. Variation 21 deg. •
33 min. East; as additional to the
original homestead entry of David
Jenkins, No. 677, at Sioux City, Iowa,
dated November 4, 1867, containing
120 acres.
Notice is hereby given that any and
all persons claiming any portion ol
the above described land are required
to file a protest during the period of
publication or thirty (lays thereafter,
in accordance with law, with the Reg
ister and Received of the United
States Land Office at Juneau, Alaska.
ALASKA PACKERS ASSOCIATION,
i»y Harry F. Fortmann, President.
Address: San Francisco, California.
Notice of the above application will
be published in the “Seward Gate
way,” printed at Seward, Alaska,
which 1 hereby designate as the news
paper published nearest the land ap
plied for in said application.
C. B. WALKER,
Register, United States Land Office,
Juneau, Alaska.
First publication May 15, 1917.
Last publication Sept. 10, 1917.
No. 02763.
In the United States Land Office at
Juneau, Alaska, June 21, 1917.
NOTICE OF APPLICATION FOR
PATENT.
NOTICE IS HEREBY GIVEN,
That under and in pursuance of the
Act of Congress of May 14, 1898, as
amended by the Act of Congress of
March 3, 1903, granting additional
land to soldiers and sailors who sensed
in the army and navy of the United
States during the Civil War, the un
dersigned, Kennecott Copper Corpor
ation, a corporation, the post ollice ad
dress and place of business of which
said corporation is at the Town of
Latouche, upon Latouche Island, in
the Territory of Alaska, has made ap
plication for a patent to a tract of land
situated upon the westerly side of
Latouche Island, in the Territory of
Alaska, containing 20.73 acres entered
in the United States Land Ottice at
Juneau, Alaska, under the serial num
ber 02763, and surveyed and platted
as United States Survey No. 713. The
said Kennecott Copper Corporation
has entered upon the said tract of land
as the assignee of Henry J. Engel 1,
who served in the army of the United
States during the Civil War, from Oc
tober 2, 1861, to October 10, 1864, in
Company “I,” 86th Regiment of New
York Volunteers, and who received an
honorable discharge from said ser
vice.
_ . • . . m % « « • % • A
The said tract of land lies adjacent
to the Town of Latouche, which said
town lies upon the western side of
Latouche Island, in the Territory of
Alaska, and upon the easterly shore of
Latouche Passage, at Latitude 00 de
grees 03 minutes north, Longtitude
147 degrees 54 minutes 50 seconds
west, and the said tract is bounded'
upon the most northerly end by the
Gravina lode mining claim, United
States Survey No. 782, and by the
White Wing lode mining claim, United ,
States Survey No. 782; upon the west-,
erly side by the Julia lode mining j
iclaim, United States Survey No. 584,,
and by the Creek lode mining claim,
United States Survey No. 584; upon
the southwesterly end by the Eagle
lode mining claim, United States Sur
vey No. 584, and upon the southeast
erly side by the Chinega lode mining
claim, United States Survey No. 584.
A more particular description of said,
tract is as follows:
Beginning at Corner No. 1, from
which Corner No. 1 United States Lo
cation Monument No. 1 bears south 87
degrees 20 minutes west, 25.55 chains
distant, and from which Corner No.
1 Corner No. 4 of United States Non
Mineral Survey No. 712, concurrently
entered by the Kennecott Copper Cor
poration, as assignee of the aforesaid
Henry J. Engell, bears north 34 de
grees 29 minutes west, 4.22 chains dis
tant; thence south 27 degrees 57 min
utes west, 22.82 chains following the
southeasterly side line of Julia lode
mining claim, United States Survey
No. 584, and the northerly part of the
southeasterly side line of Creek lode
mining claim, United States Survey
No. 584, to Corner No. 2; thence south
62 degrees 03 minutes east, following
the northerly end line or boundary of
Eagle lode mining claim, United
States Survey No. 584, 9.09 chains to
Corner No. 3, the said point" being
| identical with the most northwesterly
corner of Big Bonanza lode mining
claim, United States Survey No. 584,
and the most southwesterly corner of
Chinega lode mining claim, United
States Survey No. 584; thence north
27 degrees 57 minutes east, 22.81^
chains to Corner No. 4, the said Cor
ner No. 4 being identical with the most
northwesterly corner of said Chinega
; lode mining claim, United States Sur
vey No. 5&1; thence north 62 degrees
03 minutes west, following the most
southerly end lines of White Wing
lode mining claim, United States Sur
vey No. 782, and Gravina lode min
ling claim, United States Survey No.
782, a distance of 9.09 chains to the
place of beginning. Magnetic vari
CONSTITUTIONALITY OF SENDING U. Sj
NATIONAL ARMY TO FRANCE ATTACKED
WASHINGTON, August lf>, (By
Mail).—Before the selective service
army or any of the state militia are
sent abroad, the United States su
preme court is to be asked to pass on
the constitutionality of sending them
over-seas.
If the court holds such action would
be unconstitutional, the draft army
would be held at home and foreign
operations would have to be carried
on by the regulars and by men who
volunteered for such service.
The constitutional test will be
made by cases to be brought in vari
ous federal districts. Writs will be
sued out in the nature of habeas cor
pus writs to prevent moving the mi
litia toward foreign destinations*. Ap
peal from these cases will be taken
by whichever party loses, and all will
be brought together in a hearing be
fore the United States supreme court,
which will be expedited in every way
possible.
Hannis Taylor hus been engaged to
handle the question of constitutional
ity for those who believe the consti
tution is in danger of being violated.
The government has set its best law
yers to work to prepare the govern
nunt’s defense.
Taylor was American ambassador
to Spain under the Cleveland admin
istration and is the author of a stand
ard work on the English constitution.
His practice is entirely before the su
preme court, and he has a reputation
as an authority on constitutional law.
“Understand me,” says Taylor, “I
am not opposed to this war, nor am
I in service of any pacifist or similar
organization. I believe there is a ter
ribly important question as to the
preservation of the constitution at
stake, and there are others who be
lieve as I do; and they are determined
ation, 26 degrees 30 minutes east.
The foregoing description by metes
and bounds is according to the official
plat and field notes on file in the office
of the Register of the Land Office at
Juneau, Alaska, a copy of which said
official plat is posted upon the land
with this notice of application for pat
ent.
Date of posting this notice on the
land, June 14, 1917.
C. B. WALKER,
Register.
First Pub. Aug. 8, 1917.
Last Pub. Oct. 18, 1917.
APPLICATION TO PURCHASE j
Land Under Act Relating to Trade
and Manufacturing Sites.
Serial 01585
Department of the Interior, United
States Land Ollice, Juneau, Alaska,
August 16, 1017.
Notice is hereby given that the Ka
diak Fisheries Company, by its agent
Jacob Kreilsheimer, whose postoltice
address is 412-10 Lowman Building,
(Seattle, Washington, has filed in this
ollice its application under the provi
sions of the Act of May 4th, 1808, and
Section 10 thereof, to make Trade and
Manufacturing Site Entry, No. 01585
of the following described tract, to
wit, U. S. Survey 1080, situate at St.
Paul Harbor near Kodiak in Lat. 57
deg. 47 min. N., Long. 152 deg. 25 min.
45 sec. W., more particularly described
to-wit:
“Beginning at Cor. No. 1, M. C., on
line of ordinary high tide, St. Paul
Harbor, and whence astronomical sta
tion bears N. GG deg. 13 min. 47 sec.
E. 55.40 chains, and Cor. No. 4, Sur.
550, bears N. 74 deg. 15 min. 7 sec.
E., 47.82 chains, and W. C. bears N.
25 deg. 20 min. W. 2.37 chains; thence
meandering (1) S. G1 deg. 41 min. W.
3.G0 chains (2) S. 70 deg. 5 min. W.
4.50 chains (3) S. 78 deg. 14 min. W.
2.57 chains to Cor. No. 2, M. C.,
whence W. C. bears N. 25 deg. 20 min.
W. 80 links, thence on said course 2.6G
chains to Cor. No. 3, thence N. 64 deg.
31 min. E. 1057 chains to Cor. No. 4,
thence S. 25 deg. 20 min. E. 3.53 chains
to Cor. No. 1, the place of beginning,
containing an area of 3.G1 acres, Mag.
Var. 24 deg. 45 min. E. Said tract is
situate on the north side of St. Paul
Harbor about 40 chains Northwest of
the village of Kadiak."
Upon said property the Kadiak
Fisheries Company now has and for
some time since has maintained its
canneries, saw mill, cook house, bunk
houses, wharf and other buildings, ap
purtenant thereto.
NOTICE is hereby further given
that any and all persons, corporations
or associations haying or asserting an
adverse interest in or claim to the
tract of land so applied for or any part
thereof, may and they are hereby re
quired to file their protest to said ap
plication in the Land Office at Juneau,
Alaska, that being the office where
such application is pending, setting
forth under oath: The nature and ex
tent of their said claim within the
period of publication, which period has
been set by the Register and Receiver
of said Land Office for 60 days, or
within thirty (30) days after the ex
piration of said time as by law pro
vided.
KADIAK FISHERIES COMPANY,
By Chas. Z. Frey,
Its Vice. Pres.
Address:—
Kodiak, Alaska.
Notice of the above application will
be published in the “Seward Gate
way,” printed at Seward, Alaska,
which I hereby designate as the news
paper published nearest the land ap
' plied for in. said application.
C. B. WALKER,
Register, United States Land Office,
Juneau, Alaska,
First Pub. Aug. 24,1917,
Last Pub. Oct. 24, 1917.
this case shall be argued properly and
decided properly before these boys are
sent abroad."
Taylor has set for his opinion in a
pamphlet entitled: "Loyalty to the
constitution the only true stand of pa
triotism." The introductory paragraph
of this pamphlet sums up the matter
as follows:
"Neither the national militia (the
draft army) nor the state militia can
be sent abroad. The constitution does
not permit it. War does not suspend
the constitution. The federal courts,
with the supreme court of the United
States at their head, will certainly
check any unlawful attempt to force
any branch of militia, protected by the
constitutional exemption, to leave
American soil.
"The executive order of July 10,
made in defense of Section 8, Article
1, is palpably unconstitutional and is
void. No loyal American has a right
to assume that courageous and in
corruptible federal judiciary will fail
to do its duty when its aid is invoked."
In support of his opinion, Taylor
quotes the opinion of Attorney Gen
eral Wickersham, who on February
17, 1912, advised President Taft that
the constitution would not permit of
sending the militia abroad.
"The constitution distinctly enum
erates the three exclusive purposes
for which the militia may be called
into service of the United States/'
W’ickersham wrote. "These purposes
are: first, to execute the laws of the
Union; second, to suppress insurrec
tion; and third, to repel invasion.
"These three occasions, represent
ing necessities of a strictly domestic
character, plainly indicate that the
service of the militia may be only
upon the soil of the United States or
its territories."
Taylor also quotes several state
ments made by President Wilson in
public addresses, declaring that the
constitution does not permit the Pres
ident to send the national militia out
of the United States. One of these
occurred in New York, in January,
1916, when President Wilson said:
“I believe it the duty of congress
to do very much more for the national
guard than it has ever done hereto
fore. I believe that the great army
of our national defense should be built
up and encouraged to the utmost; but
you know, gentlemen, that under the
constitution of the United States, the
national guard is under the direction
of more than two score states, that it
is not permitted to the national gov
ernment directly to have a voice in its
development and organization, and
that only upon occasion of immediate
invasion has the President of the
United States the right to ask those
men to leave those respective states."
Taylor contends the draft army is
in reality merely the organized na
tional militia. The law providing for
the draft is merely an extension and
amendment of the national defense act
of June 3, 1916, which is a law delin
ing the composition of the militia and
dividing them into three classes—na
tional guards, naval militia and un
organized militia. The draft deals
with the un-organized militia.
Taylor says an effort was made by
inserting in the act of May 18, 1917,
“certain cabalistic words which would
authorize the President by an execu
tive order to convert the national mi
litia called forth by congress into a
part of the regular army of the Unite
ed States, and thus deprive them of
their constitutional exemption."
Taylor contends the congressional
order of July 10 attempting to con
vert militia into regulars is void. He
1 says:
l “The short and conclusive answer
to all such pitiful and seditious non
sense is two-fold: In the first place
the cabalistic and scarcely grammati
cal terms of the act, when properly
construed, do not clearly indicate that
the congress really intended to con
fer upon the President a power which
the constitution forbids it to exercise
itself; in the second place if such is
the purpose of that part of the act, it
is grossly unconstitutional, because, in
the words of Attorney General Wick
ersham, ‘congress cannot by its own
enactment enlarge the power con
ferred upon it by the constitution,’
and if this provision were construed to
authorize congress to use the organ
ized militia for any other than the
three purposes specified, it would be
unconstitutional."
Old papers, seventy^five for 10c, at
The Gateway.
-o
Oyster cocktails at The Breach,
CHARLES CRAWFORD
GENERAL BLACKSMITH
Horseshoeing- Wheelwrighting
SEWARD. ALASKA