Young ladies fall and winter coats
just received on this boat. Urbach’s.
AHCIIDE BARBER SHOP
BEAUTY PARLOR
Ladies’ Beauty Booth
Two Chairs Tub Baths
Shower Baths
In Arcade Building
Phone Adams 121
JESS LANDER, Proprietor
I
> 'I J
NOTICE
Dr. James Sender, Eyesight Spe
cialist, from Seattle, will be at the
Van Gilder Hotel from Aug. 15 to
20. Everyone is urged to take ad
vantage of this opportunity to b6
properly fitted by a specialist.
Phone for appointment at once.
—
Seattle ice Cream at Schallerer'a
\
LEGAL NOTICE
! DEPARTMENT OF THE INTERIOR, i
UNITED STATES LAND OFFICE,;
ANCHORAGE, ALASKA.
SERIAL NO. 06180
July 9, 1927. |
i NOTICE IS HEREBY GIVEN, That
the NEW ENGLAND FISH COMPA
1 NY. a corporation organized under the
!Laws of the State of Mainland author
j ized to do business in the Territory of
j Alaska, has filed application, Serial
I 06180, for patent under the provisions i
of Sec. 2306, R. S., for a tract of land i
i situated at Kodiak, Alaska, in Latitude ;
i 57 deg. 47 min. 22 sec. and Longitude
1150 deg. 24 min. 47 sec., containing
.an area of 5.16 acres, and included
within U. S. Survey No. 1534 and more
particularly described as follows, to
wit: j
Commencing at Cor. No. 1 M. C.
on the line of ordinary high tide
of St. Paul Harbor, whence U. S.
C. & G. S. Sta. bears N. 69 deg. 13
min. 15 sec. E. 41.22 chs.; running
thence along the line of said high
| tide of St. Paul Harbor (1) S. 60
deg. 51 min. W. 4.52 chs.; (2) S.
56 deg. 27 min. W. 4.51 chs.; (3)
S. 49 deg. 04 min. W. 2.40 chs.;
! (4) S. 61 deg. 28 min. W. 3.00 chs.
to Cor. No. 2 M. C. on the line of
ordinary high tide of St. Paul
Harbor; thence N. 25 deg. 29 min.
W. 4.55 chs. to Cor. No. 3; thence
N. 64 deg. 31 min. E. 14.32 chs.
to Cor. No. 4; thence S. 25 deg. 29
min. E. 2.83 chs. to Cor. No. 1
the place of beginning, containing
an area of 5.16 acres; magnetic
variation 24 deg. 20 min. E.
J. LINDLEY GREEN,
Register U. S. Land Office.
First publication July 11, 1927.
Last publication Sept. 19, 1927.
! Seward
1 Dairy| i
OVERLAND GRILL
* \
Next to the Overland Hotel
Gabriel Santos
Proprietor and Chef
Open Day and Night
Private Boxes
1W0 matter what class, quality
^ or quantity of Lumber you
may need, we carry it in our
yard. Estimates will Jbe furn
ished without charge or obliga
tion.
inumirnnuHt*
Agent for
PORT BLAKELEY MILL CO.
Seward, Alaska
CAL M. BROSIUS
THE
PICTURE
TELLS
OUR
STORY
n n
ilU 1 EL AflUHUrtAliL
Anchorage, Alaska. F. I. REED, Prop.
MORE ON DECISION
<Continued from Page Three)
IK)rations/ The city counsel must giva
notice of a public hearing which may
be continued from day to day. Public
service corporations or individuals af
fected shall have a right to be present
at the hearing, to be represented by
counsel, to introduce evidence and
compel the attendance of witnesses,
and thereafter the council shall pro
ceed to regulate and fix rates by ordin
' T,ce. There is no provision requiring
Mip council to adduct testimony.
Notwl+h'stsnd’ne that the allegations
in onest’on were struck from the com
plaint the annellant was permitted on
the trial to furnish evidence ns to the
matters set forth therein. He testi
fied that he was present at the public
hearings, that he tried to convince
those who attended that the proposed
rates were prohibitive and that he
gave as reason for his conclusion the
history of his business in regard to
the meters that were then installed
and had been installed for a number
of years. It may be accepted, there
fore, that on the trial he showed that
at the hearings he testified fully as to
his plant, his investment and his in
come and the grounds on wi^jch he
claimed that the proposed rates would
be confiscatory. We cannot agree that
the facts so pleaded and shown in
evidence furnished ground for im
peaching the ordinance. The appel
lant relies upon Nor. Pacific v. Dept.
Public Works, 268 U. S. 39, where it
was held that an administrative or
der fixia# railroad rates upon a bind
ing "without evidence, or made upon
evidence that clearly does not support
it, is an arbitrary act against which
courts will afford relief. But here it
cannot be said that the finding "was
made without evidence and it may be
assumed that the proofs advanced by
the appellant were scrutinized and
that he was cross examined by the
Common Council at the hearings
which extended over three dr four
days. The Common Council and the
Mayor were not bound to accept his
statements at their face value nor to
agree upon the valuations which he
placed upon his property, or to con
clude from his testimony that the
rates prescribed in the ordinance were
insufficient to afford him a fair return.
His business was not complicated nor
was his plant extensive. He served a
community of from 500 to 800 inhabi
tants, a community in which the mem
bers of the council were his neigh
bors and must have had as full knowl
edge of the extent and value of his
holdings and investments as could
have been furnished by expert testi
mony. Doubtless all of them knew, as
the court thereafter fpund, that a con
siderable portion of the appellant’s in
vestment for which he was claiming
return was for property devoted to his
individual use and the housing and
support of himself and family and had
no relation to the public service. The
case is not unlike that of Brooklyn
Union Gas Co. v. Prendergast, 7 Fed.
(2d) 62S, 669. where the court said:
“While the defendants called no ex
pert witnesses they did cross examine
the plaintiffs’ experts, and the court
has a right to consider the testimony
given in the light of the cross exam
ination and accord to it such weight
as it deems proper.’’ It is to be added
that there is a strong presumption in
favor of the rates which were found.
Darnell v. Edwards, 244 U. S. 564.
Upon the evidence the court below
found that the rates fixed by the ordi
nance were not confiscatory. That
finding is, upon settled principles, bind
ing upon this court unless it is clear
ly shown to be based upon obvious er
ror of law or upon a serious mistake
or misconception of fact. We'find/in
the record here no such ground for
disturbing the finding. There "was
evidence tending to show that the pub
lic service by the appellant had been
inadequate and unsatisfactory and
that the rates charged "were excessive.
It was shown -that in the year 1923 the
town voted a bond issue for a munici
Continued on Page Seven)
NOTICE OF MEETING OF BOARD
OF EQUALIZATION
j NOTICE IS HEREBY GIVEN, That
I the Board of Equalization for the City
of Seward, Alaska, will meet on the
i 9th day of August, 1927 at the hour
; of 2 o’clock P. M. and continue ir
1 session until 4 o’clock P. M. of said
day in the Council Chambers , of the
Municipal Council for the City of Sew
ard, Alaska, and said Board of Equal
ization shall continue in session each
day thereafter between the hours oi
2 o’clock P. M. and 4 o’clock P. M.
until and including Saturday, August
15th, 1927.
j That all persons objecting to the as
sessed valuation of any property, or
: the assessment of the same for the
! year 1927, shall reduce such objec
j tions to writing and file the same with
!the Board on or before the hour of 4
o’clock P. M. August 15th, 1927, and
all persons failing to file their writ
l ten objections shall be deemed to have
consented to said assessment for the
year 1927, and the action of the Board
of Equalization, and shall be forever
barred from thereafter making such
objections.
Dated at Seward, Alaska, August
4th, 1927.
J. P. HANNON,
Municipal Clerk for City of Seward
Alaska.
Miss Cecil Leslie, of the Candy Cot
tage, left for Anchorage on to-day’s j
train to visit friends for a week. 1 j
Miss Wilma Harrison left on the'
train this morning for a short visit j
with Anchorage friends.
_ ■
Mel Holben, proprietor of th^ Sew
ard Grill, was a passenger on the
train to-day bound for Anchorage.
H. V. Hoben, Jack Baiiy and Alec
Bolam, accompanied the Seattle Nile
Temple Shriners to Fairbanks.
Mrs. Wayne Blue entertained the
ladies of''the Seattle Shrine party at
her cozy bungalow at Woodrow yes
' terday afternoon.
Jack Chamberlain, old-timer and
dean of traveling men, accompanied
by his wife, left on the train to-day,
northbound.
i
!
THE BEST PLACE FOR
CLEANING—PRESSING
ANO ALTERATIONS
At
C. Henning’s
TAILOR SHOP
Ask for the film In the yell w box.
Eastman's Films. Schallerer’s Alaska
Jhop.
At Your Service
SEWARD HOTEL TAXI
Jack Dineen-Oscar Dahl
Phone Madison 117
THE PANHANDLE I
I
Soft Drinks and Candies k\
Cigars and Tobaccos
CARD TABLES
J. A. Eamon
Proprietor
Phone -s- Madison 54 *
Door to Liberty Theatre ■
* •
VAN GILDER HOTEL
HOT AND COLD WATER IN EVERY ROOM
! STEAM HEAT
I J. S. BADGER
i i
W. J. Erskine Co.
KODIAK, ALASKA
GENERAL MERCHANDISE
Fresh Meats and Vegetables
SUPPLYING FISHING BOATS
A SPECIALTY
Seward Machine Shop
Electric and Acetylene Welding, Plumbing,
Heating, Sheet Metal Work
Ford Sales and Service
Agents for Fairbanks Morse Station
ary and Marine Engines
FIRESTONE TIRES AND TUBES
CHAS. LECHNER, Proprietor
-------»*
Tasty Neats
AT
Tasty Prices
Sink your teeth into one of our lus
cious steaks. You will want to repeat
the experience.
/
Frye Bruhn & Company
S. W. DUNKEL, Mgr.
“WE DELIVER” PHONE MAIN 94