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NECESSARY TO AMKND THK PRORATE CODE.
Ever since the first Territorial Legislature convened the question
eg amendments to the probate code and also to the inheritance laws have
been up lor discussion at every session, and it is not only probable but
eertaln »*«» the subject will again bo forced upon the next legislature.
It to inly too obvious that oar probate code is defective in various ways
and at the present time gives entirely insufficient protection for the heira
or legatees and has afforded and is affording unreasonable and unnec
essary opportunities for unoonscientious people to loot the estates ol
deceased persons.
Our inheritance laws are the name as those of England some twr
hundred years ago and are probably the most antiquated of any inherit
ance laws under the American or Anglo-Saxon jurisdiction.
When a person dies intestate in Alaska the widow receives noth
tag except a life interest in one-third of the real property of which th*
|hiaBltasdf »was the owner a^the time of his death. All the rest of tht
property' goes to the children, and only in event there are no children doe«
the widow inherit. On the other haDd if the wife passes away leavint
property the hiisb&nd inherits a life interest in all the real property o;
Which she was owner at the time of her death. The remainder goes tr
the children, and only-in event there are no children does the husbanl
Inherit the rest of the property. At the same time either spouse ha.
full authority to take away from the remaining spouse by a will every
thing except the life estates of dower and courtesy, and Lf the deceaeer
Spouse leaves no real estate the surviving spouse gets nothing.
This system is not consonant with modern ideas of the interest 01
husband and wife in the property acquired by the labors of the two during
the time of their married life. Washington and California and manj
other western states have adopted the system of treating the property
so acquired as community property in which each has an absolute right
to one-half interest, and whlteh cannot be taken away by the will of th*
other spouse no matter in whose name such property may stand. Cali
f tor ala has gone so far as to take away from each spouse the right tc
•ednvey hto or her half of the community property by will except to the
other spouse or to the children, and in event there fc no will the spouse
inherits all of the community property. In Washington, on the other
hand, each spouse has the right to convey by will hfs or her half of the
community property at pleasure.
It appears that estate of dower and of courtesy have been Inherited
from England and have been in Vogue in moBt of the states of the Union,
but of late years have undergone many changes.
The Idea of treating community property as belonging to the
two spouses, share and share alike, has been transmitted from Continental
Europe and reached us through France and Louisiana from whence it has
spread over the western states. It will probably be put up to the next
Legislature to choose which system is most expressive of modern ideas
and to determine which one should be made applicable to this Territory.
The question la one of importance that should be discussed and carefully
donddered in order that a just and fair law on the subject be enacted.
—Juneau Capital.
AGRICULTURAL ABM.
The suggestion is made by Dr. W. N. Evans, chief of. the division
of in*alar experiment stations of the Department of Agriculture that
“one of the greet needs of Alaska fs the extension of the experimental
stations work in teaching the best methods for cropping.”
Observers of the farmers’ problem will hardly agree with the doc
tor as regards the extension, of demonstration er experimental stations:
those wo have are doing excellent work, and reaching the farmer. ' What
la actually needed, If the Government la desirous of helping Alaskan agri
culture, is some system whereby cheaper livestock and Implements may
be 'placed iu the reach of the farmer. The chief deterrent to agriculture
la this lack of pressing essentials. For instance, freight rates on farming
machinery to Alaska brings the price >to something like 50 per cent higher
than outside, and ovda higher for livestock. A farmer may have a nice
0*op of hag and green feed, bat in rne absence of a hay-baler cannot
market dt unless he finds an individual customer. The absence of a seeder
for grain* and mowing machine for hay also stands in the way of success.
If the Agricultural Department la desirous of populating the farm lands
of Alaaka with experienced farmers, let it work out a plan for cheap trans
portntfbn of agricultural machinery and make the experimental farms the
distributing point tor livestock on terms equal to the purse of the pioneer
farmer.—Anchorage Times.
FIXI. TKIMUTOHI.il, FORM OK (M)VBIl\MKNL
| The political genius of our people demands that the government
I be close to them as possible. All powers, consistent with good and
! efficient goven.inent. should be exercised by the several communities
I rather than by the central authority. A iarge measure of our liberty
I depends upon the proper carrying out of this principle. For it is obvious
that as the power of the government is mor* and more centralized the
jlndivfd^.fcl Mi'S less voice in it and less control over it. And this rule,
tradition and principle of government explains the demand for a full
territorial form of government in Alaska.
What is a fnll territorial form of government? In answering this
it may be well to observe that the congress has never worked out a con
crete byste»m universally applicable to all of the territories. The plan
has been to gtfve to the people of each territory such powers, such govern -
I mental functions, as the Fongrees thought they ought to have. One has
I hut to compare the organic acts of the several territories to realize the
truth of this.
It is, of course, elementary, that each territory has only such
j powers as have been granted it by its organic acts. The organic act for
| Alalska is largely concerned with limitations and restrictions upon th«*
; Territorial Legislature and the. people of Alaska. Among the greatest of
| the powers withheld from us is the. right to elect our public officers and
j eerva/its. In most of the other territories the people have elected
practically all of their officers. Instead of having communities governed
and administered by appointive officers such as United States deputy
marshal*. Commissioners, and Assistant United States Attorneys, all of
whoan aj’e appointed and not elected, such communities were handled by
sheriffs, constables, recorders, coroners, prosecuting attorneys, Justices of
the peace, and, in some instances, judges of the courts of general juris
diction, all elected by the people of the Territory.
But in order that Alaska may function in this manner it will prob
ably be necessary to divide the Territory into counties and establish a
county government. Once that is established and the powers of the
people enlarged, the rest would follow as a natural sequence. There
■would then be a local organization close to the people, and directly re
sponsible to the people, extending to every section of Alaska, which -would
|in {thei %v»st vital and important matters, concerning the daily life of
the. people, govern Alaska. There would then be a system or organiza
tion for the levying of local taxes, and the collection of taxes, both local
and Territorial. And. 1n passing, it is obvious that the imposition of a
direct property tax in the Territory cannot be long delayed. There
| would be then an organization for the construction of roads, the control
j and maintenance of schools outside of the incorporated towns and the
j relief of the indigent. And it would not be necessary, every time a new
1 law Is passed, to provide for a separate set of officers to carry out the law.
as Is the case at present.—Cordova Times.
TO CREATE VAST AlxASKA FISH Hit IKS RKSKRVK
Henry O'Malley. IT. S. Commissioner of Fisheries, who has been
in Seattle and Portland recently, has talked of a plan of the Department
of Commerce to create a vast Alaska fisheries reserve to the westward.
He believes that if the intention is carried out. and it is already meeting
with general favor upon the part of the salmon packers, that the conser
vation of fish in Alaska will he materially aided.
Commissioner O'Malley states that the plan contemplated would
make Bering Sea, Cook’s Inlet and the waters of Kodiak and Afognak
Islands a Federal fishing preserve. Packers would be. allowed to operate
in this district, but only on a permit from the government. The catch
i each season would be limited. The n-strictions would enable the fish of
i this district to propagate and multiply.
Secretary of Commerce Hoover has indicated that the government
will make the move referred to and later it is expected to secure a Presi
dential proclamation that will create the reservation. On the subject
Mr. O’Malley nays:
“My purpose is to notify the firms operating in this district that
if they increase their present operations, that they will be curtailed later.
Pur Federal fishing laws as apply to Alaska were enacted in 1!W)6 and by
this time are inadequate. Wo are allowed to prohibit fishing within 500
yards of the mouth of any stream. We already have one reservation in
Alaska waters, the Alaska Peninsula, but we intend to take hold of the
additional territory before it 1s too late. We will allow fishing In the
reservation but will have the right to regulat it to serve the best interests
of the industry.”—Juneau Capital.
THE USE OF FIGURES.
Commenting on the circumstance tbat the trade between Alaska
and the States averages $100,000,000 a year, the Seattle Times Rays
that but for the attitude of the Government toward the Territory It would
be from five to ten times that amount. This Is another instance of the
reckless use of figures. It is true; no doubt, that if it had not been for
the ipolicy of conservation, which locked tight many of the resources of
Alaska when the withdrawals of the natural resources were made and
the program of restriction was pat Into fall operation, there would have
been far greater development in the Territory. It is certainly true that
that policy delayed railroad construction to the Interior many years.
But $500,000,000 and $1,000,000,000 are very large suras. The latter
ftgure is larger than the value of the trade between the United States
and Canada with her three millions of square miles and eight millions
of people.
Further than that, agricultural development in Alaska in the
past has operated to decrease the traffic between Alaska and the States
because it has reduced the importations of foodstufTs. We could have
a great deal more agricultural development in the Territory and still*
the reduction of Importations would continue.
The amount of trade between Alaska and the States that was
sacrificed through the restrictive laws, regulations and executive acts is
wholly speculative. It would have depended almost solely upon whai
would have followed oil and coal and wood pulp and paper development.
It must be admitted that an increase of 25 to 100 per cent would have
meant a big lot to the Territory and that to have acquired such an increase
would have required a very energetic and speedy development.
Better results would be attained for Alaska if people would be
more conservative In the nse of figures. It would be better not to cause
people to become discouraged with reasonable progress.—Juneau Empire.
WORDS OF WISE MEN.
To govern well, one should first learn to obey.
Life outweighs all things If love Ilea within ft.
If yon run after two harea yon will catch neither. ’ '"’i
NOTH V. TO ('KKIHTOKS.
i In the United States Commissioner's
Court for the Precinct of Cape
Some, Territory of Alaska
IN PROBATE
Tii the matter of the Estate of
FRANK MICHAEL KIESELE.
HEREBY GIVEN
,igned ha-s been ap
pointed Executor of the estate of
FRANK MICHAEL KIESELE. de
ceased. by the above entitled court
All person* having claims against
said estate are hereby notified to
present the same, duly verified as
required by law. to the traders brood
Executor, at Nome. Alaska, with
in six months from the date of this
Dated this 10th day of Feb. 1923.
G. R. JACKSON.
Executor.
Publish Feb. 10, 17. 24. Mar. 3. 10
NOTICE OF APPLICATION FOR
PATENT:
M. A. No. 057«. M. S. No. 1324.
I
UNITED STATES LAND OFFICE.
NOME. ALASKA.
January 24. 1923.
NOTICE IS HEREBY GIVEN: i
that ANDREW ANDERSON, whose
postoffloe address is Nome. Alaska,
through L. S. Kerr, whose post office ,
address is also Nome. Alaska, his
duly authorized agent and attorney
in fact, hae made application before ;
the United States Land Office at !
Nome. Alaska, for a United States
patent for placeT mining claim
known and described as No. 1
BENCH ON CENTER CREEK.
PLACER, said Center Creek being
a tributary of Snake River, and
said claim being situate, on the left
limit of said Center Creek, about
one mile northwest of the Town of
Nome, in the Cape Nome Mining
and Recording District. Territory of
Alaska. Second Division, and desig
nated bv the U. S- Surveyor General
of the Territory of Alaska, as Min
eral Survey No. 1324; the exterior
boundaries of said claim, according
to the plat and field rotes of said
survey now on file in said Land
Office, with Magnetic Variation of
IS deg. 00 min. E. to 18 deg. 15
min. K.. being as follows:
Beginning at Cor. No. 1. identical
with Cor. No. 4 Sur. No. 739.
l,oyal Fraction placer, a tir post
4 ins. sq. 4 ft. long. 2 ft. in
ground, scribed 1 13 24 No. 1 Bh
and 4 739 L. whence IT. S. L. M.
No. 1-C bears S. 31 deg. 4 0 min.
E. 1878.70 ft.. V. S. Wireless
Tower at Nome bears S. 0 2 deg.
0 4 min. E. and Anvil Rock bears
N. 23 deg 13 min. E: thence N
58 deg. 30 inin. W. (Var. 18
(leg. 00 min. R.) along line 4-3
Survey No. 739. Loyal Fraction
placer. 005.10 ft. to cor. No. 2.
identical with Cor. No. 3. Sur. No.
Creek placer, a fir post 4 ins. sq.
2 ft. above ground scribed 3 739. ,
1 1133 No. 1 and 2 13 24 No. 1 ■
Bh: thence N. 34 deg. 24 min. K.
line 1-4. Sur No. 1133. aforesaid. |
980.30 ft. to Cor. No. 3, identical j
with Cor. No. 4. Sur. 1133 afore- |
said, a fir post 4 ins. sq. 2 fr. '
above ground, scribed 4 1133 No. j
1 and 3 1324 No. 1 Tib: thence X.
43 deg. 22 min. E. (Var. 18 deg. j
07 min. E.t 188.00 ft. to Cor. No. j
4. identical with Cor. No. 1 Sur.
No. 494, Cohn Fraction placer. ,
Y. Z. placer, a fir post 4 ins. sq. 1
2 ft. above ground, scribed 4 494 |
X. Y. Z. 1 C and 4 1 32 4 No. 1
Bh; thence S. 49 deg. 15 min. K ;
(Var. 18 deg. 15 min. E. 1 along
identical with Cor. No. 5. Sur.
No. 494 X. Y. X a fir post 4 in«.
sq. 2 ft. above ground, scribed 5
494 X. Y. Z. and 5 1324 No. 1
Bh; thenoe S. 36 deg. 59 min. W.
(Var. 18 deg. 14 min. E.l along
Hue 5-6 Sur. 494. X. Y. Z. placer
945.60 ft. to Cor. No. 6, identical
with Cor. No. G. Sur. No. 49 4 X.
Y. Z. placer, a fir post scribed 6
494 X. Y. Z. and 6 1324 No. 1
Bh; thence S. 36 deg. 26 min.
W. (Var. 18 deg. 12 min. E.)
121.60 ft. to Cor. No. 1 and place
of beginning; containing an area ;
of 16.055 acres. The original
notice of location of said claim Is
recorded in Vol. 19 at Page 17 I
of the records of said Cape Nome
Mining and Recording District.
The adjoining claims are: On
tlhe North. Sur. No. 494. X. Y. Z.
Placer; on the East Sur. No. 494,
X. Y. Z. Placer, and Shot Gold
Fraction placer, unsurveyed; on
the South. Sur. No. 7 39 Loyal
Fraction placer; on the West,
9ur. No. 1133, No. 1 Center Creek
placer, and No. 2 Center Creek
placer, unsurveyed.
U. S. L. M. No. 1-C. to which
this claim is tied, is a fir post 6
ins. sq. 5 ft. high, in earth mound,
scribed U. S. L. M. No. 1-C, and
is situated on tbe west side of
Snake River, adjoining the town
site of Nome, in Latitude 64 deg.
31 min. N. Longitude 165 deg.
23 min. W.
JOHN SUNDBACK.
Register.
Publish February 3. 10. 17. 24.
March 3. 10. 17, 24. 31. 1923.
CATARRH
BLADDER
Gawd Your Health
_ Be Sura To Uac
SANYKlTg*
Th« Handy Prophylactic
PREVENTIVE
OIL BLANKS FOR SALE AT
NUGGET OFFICE
NOTICK OF SALK
Ii the Probate Court in and for th**
Precinct of Cape Nome, Second
Dlvfcrion. Territory of Alaska.
In the matter of th*- Estate of
LOUIS L. KBMTER, deceased.
Notice is hereby given that, io
pursuance to an order mad*- by the
above entitled court, on the 16th
day of February. 1923. the under
signed administrator of the above
estate, will sell at public auction, to
the highest bidder, for cash, subject
tc the confirmation of said court, on
Saturday, the 24-th day of March.
1923. at the hour of twelve o’clock,
noon, at the office of the U. S. Com
missioner, for the above Precinct
and Territory, at Nome. Alaska, all
the right, title and interest of the
said Louis Ft. Keinter at the time
of bis death, in and to those cer
tain inirwng claims in the said Pre
cinct and Territory, particularly de
scribed as follows:
An undivided one-sixth interest
in placer mining claims Nos. 1
and 2. Lou Fraction. Nos. 3 and
4. below the mouth of BufT Creek,
on Arctic Creek.
AU the right, title and interest
of said estate In No. 3 Rocker
All the right, title and interest
of said estate in Viola Croup pla
cer claim, on the right limit of
Snake River.
Terms and conditions of sale:
Pash. In lawful money of the
United States. Twenty (20«Jfc)
per cent to the undersigned on
the day of Bale, and the balance
upon confirmation of sale by the
above court and delivery of a
conveyance.
Dated this 17th day of Febru
W. H. WEBB.
Administrator.
Publish Feb. 17. 24. March 3. 10.
NOTICE OF .APPLICATION
FOR PATENT:
M. S. No. |»8fl. M. .A. No. 0581
IN THE UNITES STATES LAND
OFFICE. AT NOME. ALASKA:
NOTICE IS HEREBY GIVEN, that
*h - PIONEER MINING AND DITCH
COMPANY, a corporation organized
and existing under and bv virtue of
the Laws of the State of Nevada,
whose postoffice address is *502 Un
derwood Building. California, by E.
J. Gorman, its duly authorized agent,
whose postoffice address is Nome.
Alaska, and THORULF LEHMANN,
whose postoffice address is Nome.
Alaska, have made Application be
fore the United States Land Office
at Nome. Alaska, for a United States
Patent for the MYSTERY BENCH
PLACER MINING CLAIM, on the
left limit of Anvil Creek, about 3.75
miles north of Nome, 'it t1’• Cape
Nome Recording Precinct. Territory
of Alaska, Second Division, and des
ignated by the United States Sur
veyor General of said Territory as
ior boundaries of said claim are ac
cording to the plat and field notes
Land Office. follow*:
tical*vith Location and Cor. No.
1137 48a; whence T'. S. L. M. No
2 hears X. 4!> dec. 28 min 20
sec. E. 2040.70 ft; thenee S. 41
deg. 39 min. E 600 f*. to Cor. No.
with Tor.' No. 2 “No. 7 Bench.”
and Cor. No. 4. “Constantine”
fir post 4 ins. sq. ? ft. above
ground in earth mo-md scribed
2M 1320 3B7 4C 43a: thence S
8 dec. 16 min. W. 1060.30 ft. to
Cor. No. 3. identical with the
Location. With Cor. No. 3 Con
stantine Placer and Cor. No. 8
Kid’s Association Placer, a fir
post 4 ins. sq. 2 ft. above ground
in stone mound scribed 3 M 1130
3C 485 8K 505: thence N. 87
deg. 32 min. W. 528.40 ft. to Cor.
No. 4. identical with location and
with Cor. No. 7 Kid’s Association
Placer. Survev No. 505. a fir post
4 ins. eq. 2 ft. above around in
earth mound scribed 4M 1330 7K
505; thence N. 10 deg. 46 min. E.
1511.00 ft. to place of beginnlne.
Magnetic Var. 18 deg. 30 min. to
18 deg. 50 min. E. Containing
an area 14.701 acres.
The adjoining claims are: On
the north, Bench No. 7 Sur. No.
4 85; on the east. Constantine
Placer, Sur. No. 485; on the
south. Kid’s Association Placer.
Sur. No. 505. and on the west.
Vlkin.gR Association Placer. Sur.
No. 505. all owned by the Pioneer
Min'ng and P;teh Company, one
of the claimants herein.
U. S. L. M. No. 2. to which this
claim Is tied is a limestone .boul
der about 3 ft. dla. 6 Ins. above
ground marked USLM No. 2. and
cross (40 for trne point, with
etone mound alongside, is situate
on limestone outcrop at foot of
hlnfT about 1200 ft. east of Anvil
Creek about 4 miles north of
Nome In Lat. 64 deg. S3 min. SO
sec. N« Long. 105 deg. 24 m!n.
JOHN SUNDRAOK.
Publish March 10, 17,
April 7. 14. 21. 28. May 5. 1222