-----1 I The Great
The Great ALASA N -
ALASKAN daily
_^_< ~ PUBLISHED DAILY EXCEPT SUNDAY * LARGEST ALASKAN CIRCULATION
ADVERTISEMENTS BRING RESULTS _
SEWARD. THE GATEWAY TO ALASKA, MONDAY, NOVEMBER 1, 1915.-------—
\ ail Ni» .——————————^- - - —-—--—
DECISION OE COURT FMPHATIC FOR THE BAEEAINES
r.PFAT RATTLE BEGINS IN MEXICO NEAR U. S. BORDER
DEFENSE WOULD WIN EVEN IE
BURDEN OE PROOF WERE THEIRS
In the case of The Alaska Northern Railway Com
pany vs. John E. Ballaine, trank Ballaine and othois,
Judtre Brown this morning handed down a decision in
favor of the defendants, and declared:
“I have carefully considered the question as to the
burden of proof, and feel satisfied that even though the
burden of proof were shitted to the defendants to.explain
their actions, that they have fully and satisfactorily done
so by a clear preponderance of the testimony.”
The Court draws attention to the fact that the Rail
way Co. did not bring suit for ten years until the choice
of Seward as the terminal of the government railroad
caused the townsite to acquire a speculative value. Doubt
was also expressed as to the right of a railroad to acquire
and hold land in Alaska other than necessary for con
struction and operation. A case was quoted showing
that a railroad company has no such right.
Plaintiff Failed
“It may he said at the outset, however,” says the
court "that the plaintiff has wholly failed to substantiate
the allegations of its complaint to the effect that John E.
Ballaine or Frank L. Ballaine ever diverted any funds at
anv time or in anv sum whatever from the Alaska Central
Railway Co., or the Tanana Construction Co., or ever had
the funds of either company under their control. The
undisputed testimony in the cases showed that they paid
all expenses.”
Excerpts from Decision
The following are excerpts from the decision handed
down by the Court:
“At this time some of the trustees were ready to give
up attempting to finance the company. Mr. Heinze had
withdrawn, saying it was impossible to raise the money.
John E. Ballaine seemed to be the only one with optimism
enough to continue his efforts.”
“The undisputed testimony shows that the defend
ant. John E. Ballaine, desired the railroad to take up this
townsite, then claimed by Mary Lowell, as part of the
railway property. This the Board of Trustees declined to
do.”
“John E. Ballaine then asked if any of the Board of
Trustees cared to iro in with him or to become intoiestcd
in the location and patenting of said land for a townsite,
and no one of said Board of Trustees desiring so to do
the said John E. Ballaine then announced that he would
take it up himself, individually, and there was no objec
tion made on the part of any of said Board of Trustees.
“Of the original trustees of said Alaska Central Rail
wav Co., Dickenson, Caine and McGraw are deceased.
There is testimony showing that at different times the}
each received some ten lots from John E. Ballaine in said
Seward townsite. Counsel for the plaintiff laid great
stress unon this as evidence for fraud, arguing that then
action was improprely influenced thereby. The undis
puted testimony, however, of those present at said meet
ing, who are still living, shows that this was not the case.
“James A. Haight completely and satisfactorily ac
counts for the deeding to him of some few lots on account
of services rendered.”
In speaking of the prospectus got out saying that the
Alaska Central Railroad intended to take up a townsite
at Seward the court said:
“There is no evidence of any wilfull misrepresenta
tion and it is not to be presumed that the men whose
names appear on this prospectus were guilty of any in
tentional fraud or imposition.”
“This statement in the prospectus, together with
the Keelar voucher showing the payment of this $4,000 to
Mrs: Lowell, no doubt was largely responsible in causing
those who brought this action to believe that they could
make out a case against the Ballaines.
“It is not claimed that Frost or any of his associates
were ever deceived into believing that said townsite be
longed to the railway co., and no presumption to that ef
fect can be indulged.”
“The testimony shows that the Ballaines deeded tc
the Alaska Central R. R. Co. all necessary right of waj
through the townsite for railway purposes, also a tract
of about seven acres for depot grounds and a number oi
lots for office and other building purposes. These deeds
were accepted by the Alaska Central Railway Company.’
“Before the plaintiff could succeed in an action oJ
this kind it must sustain the allegations of its complaint
❖ PRESIDENT MARRIED *
❖ END OF DECEMBER •>
WASHINGTON, Nov. 1.—An of
ficial statement was made from the
white house today that the presi
| dent’s marriage will take place at the
close of December. Only members
of the family will be present with
i the possible exception of Dr. Grayson
and Colonel House. It is believed
the honeymoon will be passed at
i Christian, Miss.
.
HEAVY EARTHQUAKES
RECORDED IN STATES
WASHINGTON, Nov. 1.—A heavy
earthquake shock was recorded at 3
a. m. by the Georgetown seismo
graph. The quake is believed to have
j occurred four thousand miles away.
i SAN FRANCISCO, Nov. 1.—Twoj
i earthquake shocks were felt here
early this morning.
SEATTLE, Nov. 1.—An earth
quake shock lasting an hour but ap
parently at a great distance away
was recorded this morning by the
University seismograph.
GABY DESLYS* DOG HAS
DIAMOND EARINGS
NEW YORK, Nov. I.—Gaby Deslys
appeared on the streets today and
with her was her dog wearing dia
mond earing^. She is the woman
with whom the former king of Portu
gal had an “affaire.”
BRYAN SOON TO
REACH EUROPE
—
EXPECTED IN NORWAY MIDDLE
OF NOV. TO STRIVE
FOR PEACE.
»
PARIS, Nov. 1.—William Jennings
Bryan, formerly secretary of state
for the United States, will arrive in
Norway about the middle of Novem
ber, according to advices reaching
Paris from that country yesterday.
He is expected to come here and also
to visit the other capitals of the bel
ligerent nations with the intention of
trying to establish ground on which
proposals for peace might be founded.
The advices from Norway indicate,
however, that his chief aim will be
to secure the co-operation of the rul
ers of neutral nations before taking
any definite steps.
TO PLACE PROHIBITION
ON CALIFORNIA BALLOT
OAKLAND, Nov. 1.—Initiative
proceedings are going on today for
the placing of Prohibition on the bal
lots in the election next November.
* BLANCHE WALSH *
* PASSES AWAY ❖
* - ♦
CLEVELAND, Nov. 1.—Blanche
Walsh, the famous actress, died latt
night here as the result of a relapse
following an operation which was
performed two weks ago when she
collapsed during a ^ performance at
Youngstown. The operation was be
lieved to have been successful and
she gave signs that full recovery
might be expected until a duy or
two ago. She was forty-two years
old.
hv a clear and convincing proof. This it has wholly failed
V
to do." , , „
“I have considered this case, however, very carefully,
and I am satisfied that there is nothing in the conduct of
John E. Ballaine, or Frank Ballaine in this case that
savors in any manner of unfairness, deception 01 taking
advantage of the Alaska Central Railway Company or
the Tanana Construction Company, or acquiring proper
ty adverse to the interest of or prejudicial to said rail
wav company. There is not a particle of proof Jhat John
E. or Frank L. Ballaine were charged with the duty of
locating or acquiring townsites or other lands for said
I railway company, and presumably its chief engineer, or
locating engineers, were employed to perform such
duties.”
•'The said railway company, through the only officers
through whom it could act, refused to take said townsite,
although John E. Ballaine desired and requested them to
to do so.”
The court then went on to show reasons why the
railroad company would be wise in refusing to have a
townsite and he continued by saying that there was noth
ing to show that the failure to keep minutes of the meet
ing of trustees in July, 1903, was intended to hide any
thing. “This is one of those cases” said the court “where
the personal interests and bias of those claiming with the
plaintiff draw such conclusions from the facts as will tend
to bolster up and confirm their case and their suspicions.
‘All seems infected, that the infected spy;
As all looks yellow to the Jaundiced eye.’
“To the impartial and unprejudiced mind, fully in
formed to all the facts and circumstances surrounding
the ces, there can be but one conclusion—that the plaintiff
has signally failed to sustain the allegations of its com
plaint.”
The last paragraph but one of the court’s finding is
that which is quoted at the beginning of this article. The
final paragraph is as follows:
“There are some side issues which were introduced
; in case, which it is unecessary to discuss, as it would not
: tend to make clear but rather complicate and confuse the
i: main issue. The salient and essential features have been
’ j above set forth, and I can reach no other conclusion than
1 that the plaintiff take nothing by this action, and the
‘ plaintiff’s case be dismissed, as well as the complaint in
;! intervention.”
VILLA ANNOUNCES HE CAN
LICK U. S. IE NECESSARY
•> WEEK’S EXPORTS <’
/, EIGHTY MILLION ♦
♦ - ♦
NEW YORK, Nov. 1.—The exports
for last week amounted to eighty
million dollars, which is a record.
FIGHT McCOMBS
WASHINGTON, Nov. 1.—A bitter
fight is expected to be made against
the retention of McCombs in the Re
publican organization. The leaders
of the party are now here in large
•umbers.
A. B. TONIGHT
The Arctic Brotherhood will hold a
meeting this evening.
KILLED HUSBAND
OF HISJjAUGHTER
FOUR ARE DEAD BECAUSE
FATHER DISAPPROVED OF
A MARRIAGE.
WINBORO, Texas, Nov. 1.—Dis
approving of his daughter's marriage
to J. F. Sheets, Perry Morris, a farm
er, went to the Sheets home last
night, killed his son-in-law and two
others and then committed suicide.
The other two killed were C. J.
Maddox and his wife and the cause
of their murder is not quite clear
except that it is stated they were
friends of Sheets. Morris also tried
to kill the son of Sheets by a former
marriage but he succeeded only in
wounding him severely.
FIRST MAIL FOR
IDITAROD LEAVES
The first mail for Iditarod, by the
winter mail service, left this morning
with H. E. Revell in charge. The
mail was taken as far as Mile 34 on
the gasoline car and from there it
will be taken by dog team to Knik.
Mr. Revell making the first trip to
Knik. At that place Joe Richards
will take the mail aa far as Hopper
river, where L. D. Ellcxson relays it
again as far as the Kuskoquim river
and T. W. Boyd will then take it to
the city of Iditarod. The colonel ex
pects that the present trip wil take
about 20 days to complete.
The second mail for the Iditarod
leaves next Monday with Martin Lan
ning in charge. The first mail for
Sunrise and Hope leaves a week from
today and the first mail for Anchor
age, by the winter mail service,
leaves two weeks from today.
EVANS PASSENGERS
SEATTLE, Nov. 1.—The Admiral
Evans left this morning with the fol
lowing passengers for Seward: B.
M. Stone and wife, Miss Ryan,
Charles Herron, T. Marse, M. Elln»,
Mr. Schrafford, D. Linsay, J. Red
fern and wife, Wm. Merchants, Mrs.
R. Weir. For Knik Anchorage: Mrs.
Nagley, Wm. McIntyre, W. Mustard,
Alf Greenberg, Ncls Lexon, James
Houda, M. Morton, Emil Hedberg,
and Judge Munley.
FARRAGUT ARRIVES
The Admiral Farragut arrived
this morning at 11:15 from her west
ward run. Those arriving on her
were: William Maitland, B. F. Wat
son, A. D. Harris, John »Wilkinson,
I Robert Ewart and E. J. Warner.
DOUGLAS, Ariz., Nov. 1.—Villa
has announced his intention to take
Agua Prieta “Americans or no
Americans.”
“Wc are now in sight of the town,”
he declares, “and we shall attack it
even though we might have to fight
the whole American army. Hut I am
no longer careful of the opinion of
the United States when I remomber
the manner in which that country
treats me. I have protected foreigr -
crs to the best of my ability but
hereafter I don’t give a damn whit;
happens to them. I can whip Car
ranza and if necessary I can whip th^
United States.”
Funston Moves
SAN ANTONIO, Nov. I.—G moral
BULQARS NOW
BOMBARD NISH
SERBIAN CAPITAL ATTACKED
I
BY GUNS OF INVAD
ING ARMY.
BERLIN, Nov. L—The Bulgarians
have now opened a bombardment of j
the outer fortifications of the city of |
Nish, the Serbian capital. In the past
couple of days the Bulgarians ad- j
vanced steadily and the Serbians fell
back towards the city fighting as
they retreated. The Teutons are ad
vancing in the meantime from the
north and there is a hope that the
Serbs will be taken between the two !
hostile forces. Official announce
ments from this government and also j
from Nish show that our forces have
captured Stranzenica and Milanivic j
and are therefore making quick pro
gress toward the Serbian arsenal.
SEIZE U. S. SHIP
WASHINGTON, Nov. 1—A British
prize crew has seized the American
steamer Llama off the coast of Scot
land and no reasons are given. The
state department is now about to
make enquiries.
MORE WOMEN ARRESTED
LONDON, Nov. 1.—Twenty four
women have been arrested in Bel
gium by the Germans on the charge
of plotting to dynamite the railroads.
Nothing of a definite nature has oc
curred on any of the fronts, except in
Serbia, for two days.
EDITOR ARRESTED ON
VERY SERIOUS CHARGE
OLYMPIA, Nov. 1.—E. E Seeley,
editor of the Oakville Washington,
World has been arrested and is being
held without bail on the charge of
an assault on a Tacoma girl.
EPISCOPAL DANCE
MAKES MONEY
The dance given last Saturday
evening by the ladies of the St.
Peter’s Guild was a grand success.
About $120 was realized from the
affair and it is estimated that about
100 couples were in attendance at the
dance. The ladies of the Guild wish
to thank every person who contribut
ed towards the success of the dance.
HARVEST OCT. 31
C. E. Burr, the local farmer, har
vested a crop of turnips and carrots
on the last day of October.
Mrs. Glen Names and Alex Dick
son were arrivals last Saturday from
I Hope, coining here on business.
Funston and his staff loft yesterday
for Douglas after having pre iously
announced that he would not go un
less the situation looked serious, so
the conclusion must b<* that matters
look threatening becau. e of the dang
er that the Mexicans will invade
United States territory.
DOUGLAS, Nov. L—The Carranza
and Villa armies cla.^hed a mile from
Agua Prieta at noon today. The
main body of the Villaistas is being
hurled against the town and it is
now only three miles from the Car
ranza trenches and advancing rapid
ly. In the meantime refugees are
streaming over the border. Villa is
reported to have fifteen to eighteen
thousand men hut it is also reported
that he is short of food.
P. A. N. CO.
BUYS STEAMERS
TWO MORE BIG FREIGHTERS TO
BE PLACED ON AL
ASKA RUN.
SEATTLE, Oct. 31.—The Admiral
Line purchased for three hundred
thousand dollars the steamships
Ogdens burg and Rutland at Ogdens
burg, New York, for the Southwest
ern Alaska run and will rechristen
them Admiral Sebree and Admiral
Clark respectively. They will carry
thirty-three hundred tons cargo each
and when leaded fully will make ten
and a half knots an hour. The ves
sels will leave the cast in January on
thei rtrip around to this port.
The Alaska Steamship Company
has also rcchristened their new ships,
the Bennington and Burlington, with
the names of “Juneau and “Valdez”
respectively. The Aluska Steamship
Company wil buy another ship in
Spring and call it the Ketchikan.
Another Account
SEATTLE, Nov. 1.—The Pacific
Alaska Navigation company has pur
chased the freighters Rutland and
Ogdensburg for five hundred thou
sand and will place them on the Al
aska run. They are the same type
as the Bennington and Burlington
which were purchased by the Alaska
Steamship Company. They arc ex
clusively freighters of the most mod
ern type with double bottoms and the
latest freight handling gear. They
are sister ships and were built in
1906. Their length is two hundred
and froty-two feet with a forty-three
foot beam and twenty-six feet draft.
Their capacity is thirty-five hundred
tons each and they will be placed on
the Alaska run early in Spring under
the names of the Admiral Clark and
Admiral Sebree.
BROWN BEAR ATTACKS
MEN NEAR MILE THREE
Messrs McReynoIds and Daxon, of
Porcupine village, went rabbit hunt
ing yesterday afternoon in the vicin
ity of Resurrection river with a 22
and 25 calibre rifle. When Mr. Mc
ReynoIds, after shooting a rabbit,
was about to pick up his game Sir
Bruin, the brown bear, awaited his
arrival eagerly. Mr. McReynoIds
climbed the nearest tree and com
menced hollering, when Mr. Daxon
arrived to his rescue. Their united
voices so awed the beast that he took
a hasty departure. The gentlemen
i say the bear was an immense one,
weighing at least 1,000 pounds.