OVERLAND
HOTEL
On the Main Street
MEL A. HORNER
Manager
SEWARD ALASKA
THE spirit of service which exists in the
operation of The Alaska Railroad, has
made our patrons our friends, and the safe
guarding and transportation of their ship
ments to stations on our line, to their entire
satisfaction is our ambition.
During the month of May the season of
river navigation will augment our rail serv
ice, and freight and passenger ‘travel will
receive the benefit of our experience.
Trains will connect with all sailings on
the Tanana and Yukon Rivers.
Timetables, descriptive literature, etc.,
will be gladly furnished on request.
DEPARTMENT OF THE INTERIOR
The Alaska Railroad
(Mt. McKinley Park Route)
Anchorage
Capt. 0. A. Johansen.
NEXT SAILING STR. STARR OUT OF SEWARD
FOR THE WESTWARD AUGUST 8
Chas. H. Jansen, Agent
PHONE MADISON 139 SEWARD, ALASKA
WHEN YOU THINK ALASKA
THINK
ALASKA STEAMSHIP CO
Sails From Seattle Every Saturday at 9 o’clock
VESSEL
Lv Seattle
Northbound
Lv. Seward
Southbound
...Aug. 6. ..Aug. 14
Aug. 13_ Aug. 21
..Aug. 20_Aug. 28
Aug. 27—.Sept. 4
Aleutian -
Yukon ---
Alaska ..
Aleutian -
Yukon . Sept. 3—...Sept. 10
Alaskan _ Sept. 10—....Sept. 17
Aleutian . Sept. 17-Sept. 24
Yukon _-_Sept. 24_-Oct. 1
5 P.M.
5 P.M.
5 P.M.
5 P.M.
S
]\^dnight
Midnight
Midnight
Midnight
Making all ports of call as business warrants.
POR RATES AND INFORMATION APPLY
Tel. Main 125
J. H. FLICKINGER, Agent. Res. Madison 149
Sails from
Seattle
Evans _July 27
Earragut Aug. 10
Evans —Aug. 17
Arrive* South from
Seward Seward
Aug. 3 Aug. 8.—9 a.m.
Aug. 17 Aug. 22-9 a.m.
Aug. 24 Aug. 29-9 a.mr
♦Admiral Earragut only calls at Valdez.
WAYNE BLUB, Agent
feiepbone Main 81 Residence Madison 40
Pacific Coastwise (Service
^ADMIRAL LINE
lH.F.ALEXANDER. PRESIDENT!
DECISION OF U. S. I
COURT OF APPEALS1
LOCAL LIGHT CASE!
I
I The decision of the United States
!Court of Appeals, for the Ninth Cir
I cuit, in the local light case between
" S. M. Graff, and the Town of Sew
i ard, in which the court affirmed the
I degree, is published herewith *in its I
J entirety.
• IN THE UNITED STATES CIRCUIT
J COURT OF APPEALS, FOR THE
* NINTH CIRCUIT.
! SAMUEL M. GRAFF, Appellant,
• > vs.
| (THE TOWN OF SEWARD, ALASKA,
i a Municipal Corporation, L. V. RAY, ,
J as Mayor of saidr Town, J. S. BADG
i ER, C. E. ORLANDER, H. E. ELLS- i
» WORTH, J. H. FLICKINGER, P. C.
! McMULLEN and J. S. HOFMAN, as j
Members of the Common Council of
j said Town, A. E. RUCKER, as Town j
i Attorney of said Town, H. B. SEL- :
| BY and John HELM, Substitutes for
» C. E. ORLANDER and J. H. FLICK
* IUGER, Apellees.
I UPON APPEAL FROM THE UNITED
■ STATES DISTRICT COURT FOR
■ ! THE TERRITORY OF v ALASKA,
a | THIRD DIVISION,
a | _
■ : Before GILBERT, RUDKIN and DIE
TRICH, Circuit Judges.
GILBERT, Circuit Judge:
The appellant is the owner and op- j
> erator of an electric light and power,
| iplant and engaged in furnishing light j
« and power to the town of Seward, !
J Alaska, and its inhabitants. In 1923 I
■ the Legislature of Alaska conferred:
J upon municipalities the power to reg- j
i ulate rates and charges for such serv- j
j ice and provided for a public hearing !
J preliminary to the fixing of rates. On |
• February 18, 1924, the Town of Sew-;
" ard enacted Ordinance No. 78 requir- j
. ing the establishment of meters and ;
1 ; prescribing rates for electric light and j
J powder, to go into effect September 2,
• ! 1924. The appellant brought suit to
{ restrain the enforcement of the ordi
» nance on the ground that the rates
J fixed thereby were confiscatory. Upon
i the pleadings and proof the court
J made findings of fact and found that
1 the plaintiff had failed to prove by a
* fair preponderance of evidence^ that
2 the rates fixed by the ordinance were
i i confiscatory, and found that the rates j
J j prescribed were reasonable and that j
1 they allowed the appellant a fair and
• reasonable return upon the invest-j
2 ment made in property used and useful J
« in the public utility which he owned
\ and operated. Thereupon injunction
- was denied and the complaint was
“ dismissed.
Error is assigned to the ruling of
J the trial court in striking certain par
1 agraphs from the amended complaint
■ and from the second amended com
2 plaint. As to the amended complaint,
« no error is assignable on the appeal,
2 for the cause was tried and submitted
i on the second amended complaint in
J | which the appellant failed to repeat
1 ! certain paragraphs which were struck
2 from his prior complaint. The sub
2 stance of the paragraph struck from
* the second amended complaint was
J that on February 4, 1924. at the hear
1 ing before the Common 'Council and
J Mayor, appellees offered no testimony
2 but the appellant alone testified and
1 introduced all the testimony and evi
2 dence which was presented and there
i by showed that the rates prescribed
J in Ordinance 78 did not permit a fair
1 return on the capital invested or on
2 the value of the property. The laws
2 of Alaska of 1923 provide a procedure
* for regulating rates by municipal cor
2 (Continued on Page Six)
A dollar saved is a dollar earned,
J and so the shoe repair shop is a serv
■ ice station on the road to wealth.
SEWARD LEATHER WORKS.
Our capons are equal to turkeys;
try one and be convinced. Frye
;Bruhn Meat Market.
i
I
LEGAL ITICt
I NOTICE OF SUBMITTING FINAL
PROOF
i Anchorage, Alaska, July 29th, 1927.
J Notice is hereby given that Peter
i Anderson, entryman, together with his
1 witnesses, Paul C. McMullen and Har
* ry B. Melvin, all of Seward, Alaska,
» has submitted final proof on his Home
J stead Entry, Serial No. 05620 Lot No.
i 3, NW 1-4 NE 1-4 section One (1)
| Township One (1) South Range One
i (1) West, Seward Meridian, That
1 said final proof is now in the files of
| the U. S. Land Office at Anchorage,
■ Alaska, and if no protest is filed in
[ the said U. S. Land Office within the
i period of publication or within thirty
* days thereafter, said final prof will be
i accepted and final certificate will is
J sue.
j J. LINDLEY GREEN,
i Register,
i Date of first publication August 1, 1927.
' Date of last publication September 10,
1027.
\
Our Refrigerators
Contain Best Quality
1WO NEED to say, “Don’t send me
^ tough steaks,” or “I don’t want
all fat and gristle.” We deliver one
hundred cents worth of fine, tender
Meat at all times.
Carstens Packing Co.
CLIFF RUSCHER, Mgr. PHONE MAIN 130
JOHN C. WHITE
& CO.
Hight Grade Line of
Cigars, Tobaccos &
Candies
FINEST BILLIARD HALL IN ALASKA
From The Harvest Fields To You
T^HE choicest and freshest fruits,
wholesome flour, best butter and
ranch eggs all go into our breads,
pies and pastry. Everything fresh
every day.
TAKE ALONG A LUNCH ON THAT OUTING
DAIRY LUNCHES OPEN TO MIDNIGHT
Seward Bakery
Phone Madison 82
SEWARD WATER j
SUPPLY j
SEWARD, ALASKA
“Good Water a Necessity in Every Home”
John Nelson, Mgr. Wayne Blue, Agent
Office, Arcade Building. Phone Main 17
ECONOMY VALUE IN
RELIANCE CANNED FRUITS
It Will Pay You to Investigate
P.C.McMullen
Telephone Main 34