BOCK VS. WOODS
OUT OF COURT.
Commissioner Dismisses the Ac
tion on the Ground that He
Lacks Jurisdiction.
The case of John Book (by his agent
Julius Kahmstorf) against (ieorge W.
Woods to recover possession of lot t> in
block (> above, in Rampart, ami dam
ages to the amount of $95 for withhold
ing said possession, was terminated by
being thrown out of court by the com
missioner last Saturday.
In taking this action the court said:
t’pon an examination of the complaint the
court is confronted w ith this question: Has
this court jurisdiction of the subject matter
of this action? The fact that a justice’s court
is not u court of record ora court of general
jurisdiction and has no power except such ns
is expressly given it by the code is so well
settled that it admits of no discussion.
I find that the only powers given a justice
«<f the peace in Alaska to try and determine
the rights of parties to possession of real
estate in Alaska is chapter 90, part 4. of the
Code of Civil Procedure, found on pages 350,
£51, 352 and 353 of Carter’s Alaska Code.
Sec. 1015 reads: “No person shall enter upon
any land, tenement or other real proierty
hut in cases where entry is given by luw: and
in such cases the entry shall not he made
with force, but only in a peaceable manner.”
Sec. 1016 reads: “When a forcible entry
‘hall he made upon any premises or when
entry shall be made in a peaceable manner
and the possession shall he lielil by force, the
person entitled to the premises may main
tain an action to recover the possession
thereof before the commissioner of the pre
cinct in which such real property is situ
ated.”
Sec. 101" reads: “In such action it shall he
sufficient to state in the complaint a descrip
tion of the premises with convenient cer
tainty. that the defendant is in possession
i hereof, that he entered upon the same w ith
force, or unlawfully holds the same with
force, as the case may he. and that the
plaintiff is entitled to the possession there
of.”
See. U»1 reads: in an> union xo recover
the possession of real property, as provided
by chapter 32 of the Code of Civil Procedure,
notice to quit, w hen necessary, may he given
ivs prescribed in this chapter, and nothing in
this chapter shall l»e construed so as to pre
vtnt such action Iseing maintained for the
recovery of the possession of real property,
although the entry of the defendant he
forcible or his holding unlawful or with
force.”
Sec. 1025 provides that under certain con
ditions tenants holding over shall he guilty
of forcible detainer.
Sec. 1030 prov ides that under certain condi
tions three years quit possession of the
premises immediately preceding the com
mencement of the action may he pleaded in
After thus- citing the law. the court
emphasize*! the fact that in no ease
i>* a jusdiceV court empowered to try or
apneas* damage?*, and said: “It can l«e
readily seen from the complaint that the
allegations* for damage?* are intermin
gled with anil in the .-nine paragraph
with the allegations* U»r restitution.
While the complaint fails* to U* suffi
cient to state a cause of action for p**«
-t**ion and damages*, over which the
district court has jurisdiction, yet it
d**e?> show an attempt t«» state such a
case ; while it wholly fads to stat* a
cause •*< action of forcible detainer, over
wfiich this court would have jurisdic
tion, ami I am therefore constrained to
di*niH« the action Hll- action it*
dl«lul«-»ed Without prejudice
H. \IU*ii wa* attorney <**r tin
plaintiff ami • rge A ^iilbbiirjf h*r the
defendant It »» rod known whether or
ut»| the ra.*e wilt he carried to flu* dis
trict e«*>rt
TARDY NOME MAIL
LAIDT TO N. C.
Nome Paper Places Unjust Blame
On Yukon River Service—Delay
Was Caused Elsewhere.
Below is printed an article from the
Nome Nugget of Fel). 10 in criticism of
the mail service between the outside and
Nome. No one at all familiar with the
situation will doubt that Nome has suf
fered inconvenience, just as have all
points along the lower Yukon. But the
Nome pajier is clearly in error in saying
“the delay is due solely to the Northern
Commercial Company.” Outside mail
for the lower Yukon and Nome is car
ried from Valdez by way of Fairbanks
and Chena to Tanana on the Yukon
under two separate contracts neither of
which is held by the Northern Cummer- :
cial Company. From Tanana to Una
laklik the Northern Commercial Com
pany's contract is effective. The delays I
complained of have been caused between
Valdez and Tanana—and the question of
blame may be treated as an open one I
between providence and the contractors.
It is pretty certain the latter have been
confronted by hard conditions: for
nearly a month of very severe weather
in January there was no attempt to
make the runs; and on one or two occa
sions twelve hundred pounds or more of
mail has arrived at Tanana at a time.
It is said the Northern Commercial
Company has exceeded the requirements
of its contract in forwarding these big
bunches of mail.
So far as we have been able to learn
there has been no room for complaint on
account of the service on the American
Yukon, up or down, this winter. Re
gardless of weather the carriers have
always been on time. Once they made
the trip down without outside mail : but
that was on account of stoppage for the
cold in Canadian territory, where tiie
White Bass people have the contract.
The Nugget's article follows:
“K. II. Iliimlter arrival irom l nalak
lik yesterday n<»ou with |»otinds of
second-clasH mail ami 21) of tirnt
class, tht* hitter lieing local.
“The second-class mail brought in,
Mr. Humber says, is tin- last of the mail
which war* congested at Tanana.
*‘M L. V. Smith, who will arrive from
I’nalaklik next week, will have only II*
|M»un<U <>f mail, probably all loeal, ami
K. II tiritfis, who will arrive the follow
ing week. w ill have hut a Mnall mail.
The mail follow in#, w hieh w ill U- brought
in by Mr HtiinU-r, will l*e the full limit
—|»»tmt|>*.
“This mean- that no more outside
first-da— mail will reaeli Nome until
March 1, a la I probably no second class.
The dclav l- illle solely to the Northern
Commercial Co»»i|«t»i»v, the roatractor
t»ii the Yukon Iwrtween I hi w-on and
I nalaktik This coio|miiy has seldom
or ever given Nati-farthat in the tram**
|wrttflH>n o| mail- Th« »ame c«’mplaint*
th.it were ma«h- hut vear ami the year
U f» re in fact ever since tkr o*iit)iinv
° S. E. HEETEK. HARRY BURRU8S. “
HEETER & BURRUSS,
FREIGHTERS and PACKERS
°
u Freighting and Packing to and from all ('reeks.
Good Equipments and Service Unexcelled
JULSUUULSUULHJLSIJU
F
lias liml the contract—are being made
now. And they will probably continue
to be made, for the Northern Commer
cial Company seems to have “pull”
enough to do about as it pleases, in tbe
matter of carrying mails, with tbe post
office department.
“Last winter the Yukon hewspapeis
stated plainly that the Northern Com
mercial Company's mail carriers daw
dled along the route from native village
to native village, spending as much time
as they pleased, anywhere they pleased.
The carriers, for the most part, are half
breeds. Last fall the company announced
that they would employ white men only
as carriers, but it is said they have not
done so. And similar conditions prevail
as those which have caused so much
dissatisfaction heretofore.
“The only good mail service of the en
tire system seems to be between Nome
and Cnalaklik, where the contractors
have always employed first-class men,
who are faithful in every way.”
LABORERS’ HARD LOT
ON ALASKA CENTRAL
Condition Borders on Peonage--No
Chance to Accumulate Money
and No Chance to Leave.
Kerent arrivals from the roast relate
that a condition not far removed from
peonage exists among the laborers on
the Alaska Central railroad now being
built this way from Seward.
Advertisements of “Men Wanted” are
kept running in ncwspu|>ers and trans
|>ortntinn is advanced to Seward. Ar
rived on the ground, the men are put to
work at $U.7.'> per day and are charged
$l>..'at) per week for board. This looks
innocent enough, and apparently shows
a margin of $10 a week to the profit side
of the navvy’s account. Hut an inform
ant says the actual results are far differ
ent, amt that when a man once gets to
work for tlie company, with a $lX) debt
for passage hanging over him, he finds
it ini|H>**iblo to square himself and get
enough to the gtssl to pay passage away
again, laist time, necessary articles o(
clothing ami numerous other items of
expense so readily forthcoming for the
laborer's disadvantage leaves him no
alternative but to keep at work with no
immediate proe|w?et of Uttering his
com lit ion.
James Ikslson, formerly well known
in |{aiu|<art as Windy Jim. is in the
company's office at Seward, ami it is his
duty when iaU.rcrs arrive to assign
them to |s,sitioiis on the Work*. One
who is well informed on .Sward affairs
says the men alt like tt indy ami attach
n>> hlamr to him h>r the Uni pickle they
are in
RECEPTION
...SALOON...
S. E. HEETER, ROB SCHABER,
Proprietor Manager
Wines, Liquors and
GOOD Cigars..,.
....Billiard and Pool Rooms
Barber Chair in the House.
St Louis
me
and Seattle
Ranier Beers
j
OLD VALLEY WHISKY
The Only Stock.
MIXED DRINKS
(>ur Specialty
A. B. NOTICE.
RfKiilnr meetings of the Arctic Brother
hood 1.1xltrc arc held at their hull on the
second and fourth Tuesdays of each month at
* o'clocU |>. in.
W.M. SIPARY. G. A. KKTTKRER.
Arctic Recorder. Arctic Chief
Back From the Outside
Louis Shequin if* greettn# hi?* Katn
|»art ao|uaintanee?*, after a winter ?|**nt
in tin* States. Mr. Sheqttin tmne«l up
on Little MiiKHtk lant Kriilay, hut «li« 1
tint reaeh town till vet* tenlay morning.
Me l«M*k- well, ami report* Mr*. Sheqttin
ami the Labie** enjoying ««nm| health at
tireeii Itay, Wi*.
The trip wan* nnule from Yaltlei to
KairUifik'* in thirteen *luy*. Mr. She
quin report* the trail gnml, hut my*
r*H»«lhoii^e a* roiniii«ahiti«tii'* are ;•**«.r ami
pricen hiuh
William Huniette, who w»nt «mt over
tile < low n-river route la* t full, not in a
h-w ikfejm •#«* over the truil from YaM«-/,
r Harnett* *;»\* Viiltli- »* u %ery t»ri«k
ptae*. tml h** I* It |oiie*oi»t«' mat there
•n*l eo»H'lii*lr«l not to wait f*«r flu* break
up Iw-f**re «taivtii»|f )«*» k Imtue.