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In The News
The Daily Alaskan.
Skagway, Alaska.
Friday Morning, March 31, 1899.
Vol. II, No. 158.
Page 1.
BRACKETT SUSTAINED BROOKS PAYS FIDDLER.
He is Fined Five Hundred Dollars and Costs.
MAHONEY FINE $250.
Brackett Wagon Road Sustained and Packers Must Pay Toll at Gates - Smashing
Gates Expensive.
Smashing toll gates with great hurrah and deliberately violating a United States
court injunction in the face of repeated kindly warning has been found to be
rather an expensive amusement by J. H. Brooks and John Mahoney who have been
found guilty of both offenses, the first being fined $500 and costs and the
second $250 and the costs of prosecution. Judge Johnson, before whom the cases
were heard, rendered a very complete decision which is given in full herewith
and which will be read with interest for in it will be found a hint of what he
would do to them the next time they came before him on the same charge. In his
remarks Judge Johnson in his decision also ruled that Mr. Brackett was entitled
to the 100-foot right-of-way, that title being vested in his having filed the
map of the survey and the charter of the Secretary of the Interior. These
defendants, the judge said, had no right to trespass upon that 100-foot
right-of-way, it being the property of George A. Brackett, he having complied
with the law by filing his maps and making improvements, the easements to follow
within the time specified.
Nearly everyone in Skagway is conversant with the history, trials and
tribulations off the wagon road and trail constructed between this city and the
summit of White Pass. For a time the road flourished like an enthusiastic potato
vine. It was used for a long time by the packers and teamsters and was
acknowledged by them to be a great boon. As time passed and the railroad
lengthened, the price of freighting cropped gradually down until the packers
decided that, unless they could use the Brackett trail and road without paying
toll they would be compelled by existing circumstances to retire from business.
The road and trail management was adverse to surrendering all its rights, but
insisted on collecting toll on all animals and freight passing over the line of
travel. Then it was that force was called into requisition and a toll gate or
two was smashed to smithereens, leaving the road open to all travelers. The
strong arm of the law was invoked and on February 20 United States District
Judge C. S. Johnson issued an order restraining J. H. Brooks, John Maloney, Bert
W. Johnson and J. W. Troy from passing their animals and freight over the road
without paying the toll demanded by the management. The order of the court was
disobeyed and on March 8 an application to the court was made by Brackett's
attorneys to have the defendants show cause why they should not be punished for
contempt of court. The application was granted. On March 21 the complainant with
his attorneys went before the court at Sitka, and the defendants failed to
appear. The case was transferred to Juneau where bench warrants were issued for
the defendants. Deputy Marshal Tanner came after them and accompanied them to
Juneau last Sunday, but when the trial came on Mr. Troy, not being a partner in
the Packers' Association was, to use a legal phrase, purged from the charge of
contempt and discharged. J. H. Brooks was sentenced to pay a fine of $500 and
the costs, in all about $700, while John Mahoney was assessed $250 and
trimmings. The decision of the court was as follows:
In the District Court of the United States for the District of Alaska.
United States of America }
Ex Rel }
George A. Blackett, }
Plaintiff. } Report
vs. } and
J. H. Brooks, John W. Troy} decision
John Mahoney and B. J. }
Farley, Defendants }
This is an action against the above named defendants for an alleged contempt in
violating and disobeying an Order of Injunction issued out of the above entitled
court on the 20th day of February, 1899, in the cause of George A. Brackett,
complainant, against J. H. Brooks, John W. Troy, John Mahoney and Barton W.
Johnson, ordering and commanding the said Brooks and others to refrain from
tearing down or destroying any of the property connected with the Brackett Wagon
Road from Skagway, Alaska, to the summit of White Pass and the International
Boundary Line, or from going thereon without paying the toll or rates as
specified in the permit of the Secretary of the Interior to the said George A.
Brackett, and the above named J. H. Brooks, John W. Troy and John Mahoney were
in court.
~~~~~
John R. Wine and Church & Day for the Government.
C. W. Turner and Price & Stevens for Defendants.
Hon. C. S. Johnson, Judge.
~~~~~
This action partakes of the nature of a criminal one, and while it does not
devolve upon the prosecution to prove the defendants guilt beyond a reasonable
doubt, yet, the authorities are all one way in holding that the evidence should
be clear and convincing, or the defendants should be purged of the alleged
contempt.
Troy, if guilty at all of a violation of the injunction order, is guilty because
___ is a partner of Brooks. The testimony _____ the existence of a
partner-______ conflicting as a between themselves, is nevertheless not
satisfactory, and I am not convinced that a partnership between Troy and Brooks
over did or does now exist. There is no contention that Troy personally violated
the order; and in the face of the conclusion that I have reached that he is not
a partner in the business, he must be purged of the alleged contempt; and the
clerk will so enter the order.
As far as Brooks is concerned, whether he is a partner or not, it must be
conceded that he is the head of the concern. It is not contended that he
personally violated the order, but it is proved that his servants did violate it
by going repeatedly over the road and declining to pay any toll therefore.
Brooks testified that he instructed his employees not to go on the road. I
cannot believe that he gave these instructions in good faith. He is one of the
oldest packers between Skagway and White Pass, and is entirely familiar with the
route. The testimony shows, and even he admits, that the pack trains that he
sent out daily would be compelled to travel over the trail on which Mr. Brackett
expended money.
I am of the opinion that no matter what Brooks may have said to his employees
about not going upon the road, he knew that each train would be compelled to
trespass when he sent them out, and that his violation of the order is willful.
It is therefore the judgment of the Court that he has been and is convicted of
willful contempt of court in violation of the injunctional order, and it is the
further judgment of the Court that he be sentenced, and it is the further
judgment of the Court that he be sentenced, and he is hereby sentenced, to pay a
fine of five hundred dollars and all the costs of the prosecution, and that he
stand committed to the common jail at Sitka in this district, until his fine and
costs are fully paid,, or until he is discharged by due process of law.
That Mahoney personally violated the order in question, by trespassing upon the
road and conducting pack trains over and along it without paying any toll
therefore if not denied, even by Mahoney himself. I am not satisfied, however,
that he is a partner of Brooks, and shall hold him responsible for his
individual trespass only; and he is adjudged to be guilty of a contempt of this
Court, and to pay a fine of two hundred and fifty dollars and the cots of
prosecution in his case.
I want to say to you, Mr. Brooks, that this order of the Court is still in
force, and that it is your duty to see that none of your employees violate it;
and should you fail to use every precaution required by law to prevent your
employees from violating this order, and unless you wholly abstain in person
from violating it, the penalty I have just imposed will not be taken as a
criterion of the punishment which I will be called upon to inflict. No one knew
better than you did that Mr. Brackett was in quiet and peaceable possession of
the road in question, and that he had been authorized by the Secretary of the
Interior to collect tolls from all persons passing over it; and I want to say
generally that it is a reflection upon the good citizenship of the people of the
territory, it is a reflection upon the officers whose duty it is to administer
the laws of the District, when men can and do attempt by violence to right a
real or imaginary wrong without an appeal to the courts. I say it is not only a
reflection, but it is harmful to the interests of every citizen of the territory
and every businessman and property holder, for the reason that it deters good
citizens from settling with us and building up homes, it deters capital - the
one thing greatly needed to develop this country - from being invested here.
Something has been said in the argument of this case about a raid having been
perpetrated upon the Secretary of the Interior; but certainly nothing has
appeared in the proofs to show me that any advantage was taken or attempted to
be taken of the Secretary when the application was made for a franchise to
construct this road. The Secretary has found certain facts, which are enumerated
in his letter to Mr. Brackett authorizing the collection of tolls. The evidence
upon which the Secretary found these facts is not before me and is wholly
unknown to me, and I must conclude that they were sufficient to satisfy the
Secretary, and it is not the province of the Court to determine any such
questions.
If a wrong has been done these packers or any citizen of the distrust, by reason
of misrepresentations made by Mr. Brackett or any one case to the Secretary of
the Interior, any such aggrieved person has his remedy by which these wrongs may
be righted; but no matter how grievous these wrongs might be, no person is
justified in attempting to right them by demolishing and destroying the property
along that road or travel the same without paying the compensation demanded, so
long as the authority conferred by the Secretary of the Interior, to collect
tolls, remains in force.
Juneau, Alaska, March 27th, 1899.
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BEAT THE RECORD.
Murray Brothers Out of Atlin in Nineteen and [a] Half Hours.
Archie J. and William L. Murray, two of the best known mine owners of the Atlin
region reached this city last evening on foot in the record breaking time of
nineteen hours and twenty-two minutes actual traveling time, both gentlemen
carrying packs weighting from fifteen to eighteen pounds. Although feeling
somewhat tired yesterday they showed no evidence of having suffered from the
severe trip of 104 miles.
They report the trail to be in splendid condition considering the lateness of
the season, but would advise intending travelers to start as soon as possible,
for without doubt a few warm days would make a great difference in the trail.
~~~~~~~~~~~~~~~
Page 4.
TELEGRAPH LINE TO DAWSON.
J. B. Charleton Here With Men to Complete the Line.
J. B. Charleton of Ottawa, arrived yesterday morning with a party of men who
will at once begin the preliminary work necessary to the construction of a
telegraph line from this city to Dawson. Mr. Charleton and party are guests at
the Brannick for the present but expect to get to work in a day or two. The main
line will be direct from here to Dawson but Bennett will be a suitable station
from which wires will be run to Atlin or other parts o the country which may
become of sufficient importance to justify the outlay. Wire for the line has
already been ordered and will be landed here within the next ten days. It is
proposed to have the system completed by fall of the present year.
~~~~~~~~~~~~~~~
EXCURSION TO DYEA.
Given the Arctic Brotherhood by Captain Johnson.
Captain Johnson of the Clipper line has arranged to give the members of the
Arctic Brotherhood an excursion to Dyea and return today on the steamer
Resolute.
The steamer will leave the Clipper line wharf between 11 and 12 o'clock this
morning and Captain Johnson is anxious that all the members of the frigid
brotherhood should attend.
Refreshments, soft and otherwise, will be serviced in the necropolis of Lynn
canal.
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J. K. Smith left for Haines Mission yesterday afternoon. Mr. Smith is managing
the construction of a wharf at Haines Mission and reports considerable progress.
Mr. Ed. Craig, formerly of Skagway, has secured a position with Weitzman & Co.
of Haines Mission.
Work on the building on the corner of State and Fifth streets was stopped by the
sale of the property. Mr. Meyer the butcher was the purchaser and intends to
build.
Richard Fleming, chief of the Skagway fire department, who has been in Juneau
for the past few days returned this morning. He says Juneau is dead and he is
glad to get back.
Marshal Tanner while doing some lifting yesterday injured his back and although
the injury is not serious it compelled him to walk with a cane.
Judge H. A. Day returned on the Walcott this morning from a trip to Juneau where
he appeared before Judge Johnson in the celebrated Brackett wagon road case. He
looks pleased since his return.
J. M. Hopkins, of Haines, is in town. He is at the Pacific.
Mrs. Walter Church and her son Laddie came in on the afternoon train yesterday.
That which people took for a runaway on State street yesterday, was simply A. L.
Remick breaking a wild horse.
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Mr. Tjomsaass requests that persons coming to his yard for lumber should do so
in the day time when he is there. He has placed "Sport" on guard and will not be
responsible for damage to clothing to those calling after dark.
Among the distinguished arrivals in the city yesterday were Judge and Mrs. C. S.
Johnson, District Clerk and Mrs. A. D. Elliott, and Marshal J. M. Shoup all of
Sitka. The party is stopping at the Fifth Avenue and will remain here until the
arrival of the Cottage City.
Geo. A. Brackett returned on the Wolcott this morning from a business trip to
Juneau and Sitka.
Judge Johnson will convene the district McCourt this morning at 10 o'clock in
the courtroom in the city hall. Several small cases will come up for hearing
during the Judge's stay in this city.
F. A. Fowler and wife are among the recent arrivals here from Seattle. Mr.
Fowler was employed here last year by J. E. Moore in the Seattle stove store,
since which time he has annexed Mrs. Fowler. He will probably engage in business
here.
Judge Johnson kindly extended the time for the payment of their respective fines
of J. H. Brooks and John Mahoney, extended notice of which appears elsewhere,
until the arrival of the Cottage City, which steamer is due to arrive April 5.
Tom Lannan and another man who declined to give his name were arrested by
Marshal Tanner on Holly street between 8 and 9 o'clock last evening for
fighting. The trouble started in the Gem and was continued out on the street.
Until the appearance of the officer it was a fast and furious bout. Both men
were locked up.
Elmer Kane, a young man who has occupied a responsible position with the
railroad company at the Summit for the past three months, is now of the
Burkhard, having come down to inhale some metropolitan ozone.
Dr. Pare, a prominent Canadian physician from Ottawa, who for the past few weeks
has been at Tagish, arrived in the city yesterday on his way back to Ottawa.
After several days tussle with illness the result of overwork, Harry Reinhard,
the deliver clerk in the post office was able to be at his post for a short time
yesterday.
J. Sexemth of Teslin Lake arrived yesterday and is registered at the Mondamin.
F. H. Vining, the popular stove and hardware dealer, is expected on the Topeka
due today. He has been at Tacoma and other South cities on a hurried business
trip.
Attorney R. W.. Jennings is in Juneau on a business mission.
Dr. Laycock Barker, owing to continued ill health, has given up his practice and
let yesterday on the Danube for Victoria. He has turned over all his patients
and practice to Dr. M. F. Hall.
Frank R. Reis died at the Red Cross hospital yesterday of a hemorrhage. He had
been sick with pneumonia for seventeen days and was apparently getting better
when taken with a hemorrhage. His father came here a short time ago on learning
of the boy's sickness and was with him when he died. The remains will be taken
to the old home in California.
Since Sam Chucovich became proprietor of the Moore Cafe its popularity is
increased and the well known skill of Mr. Chucovich as a scientific chef is full
guarantee that everything will always be first-class at the Moore Cafe.
Herbert Baker is returned yesterday from the Porcupine mining district where he
has been for the last few weeks. Mr. Baker reports considerable activity in that
district.
Kern the popular jewelry of Skagway is improving considerably the property he
recently purchased on State street. When finished Mr. Kern will have a very fine
place of business.
Mrs. William Dent, who has been ill for the last week is now able to be up, and
a few more bright sunny days will complete her recovery.
"Long Shorty" Bigelow of Haines Mission, an old timer in Alaska, is in Skagway
for a few days stay.
Ernest Myers of Dawson City is at the Brannick.
F. H. Hedricks will leave for Atlin next week.
H. Lloyd of Heney, came ______ the train yesterday and is staying at the
Mondamin.
Miss Stella Bloch Kindergarten. Ninth and Main Street.
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