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In The News
Fairbanks Daily Times
Fairbanks, Alaska
Thursday, October 25, 1906
Volume I, Number 156
WICKERSHAM IS AGAIN REVERSED
Judge's Idea of Discovery Is Not Agreed to By the Appellate Court of the Ninth
District -- Lang Has Standing in Court.
One of the most important bits of news that has come to the city in many a long
day was the wire from San Francisco to Gen. Carr announcing thaat the circuit
court of appeals for the ninth district had ordered a new trial in the case of
Lang et al vs. Robertson et cal, concerning possession of property on Cripple
creek from 10 to 19. It comes as a reversal of the decision of Judge Wickersham,
who at the trial in September, 1905, dismissed the case on motion of defendants
after plaintiffs had presented their evidence.
The news of the reversal of the district court spread like wild fire, for one of
the questions involved in the case was that of a surface discovery. However, a
point hotly contested by the plaintiffs at the time of the suit was, that they
were in actual possession at the time Robinson and his associates staked an
association claim over Lang's ground and entering thereon, began work.
It is on this question of possession that the circuit court orders a new trial
for it says, "there is sufficient proof of possession,: to warrant the case in
being fully heard.
In April, 1905, Lang and his associates began prospecting on Cripple creek and
finding enough colors to encourage them to develop the ground staked and claimed
a discovery. They continued to work, however, and stayed with the ground, and,
it is said, had a hole to some depth, when Robinson and his associates in May
staked over Lang's ground. Not only this, but they put on a boiler and began
actual operations.
Lang warned them off but no heed was paid to this and he then went into court to
oust them from the possession of the ground on which they were working, which
was within his lines. When the case went into court plaintiffs presented a
strong line of evidence covering possession and discovery, but it was the very
fact that plaintiff was actually engaged in prospecting when defendants entered
upon the ground that caused them to be sure of victory. Upon conclusion of the
plaintiff's evidence, John McGinn, counsel for defendants, without putting in a
bit of evidence, asked that the case be dismissed because no discovery had been
made by Lang.
Judge Wickersham granted the motion to dismiss and threw the case out of court.
Gen. Carr, counsel for plaintiff, appealed from this decision and took the case
to the circuit court of appeals, with the result noted.
The case is of immense importance to the district, for it is conclusive that a
man in claiming discovery on surface prospects and then continuing to develop
his ground cannot be dispossessed by others who may have the capital or
equipment to be more prompt in securing the fruits of the prospector.
~~~~~~~~~~~~~~~
FILED FOR RECORD.
October 24, 1906.
Deed.
October 5, 1906.--F. M. Dunham to Della Belle. $600. The southerly 46 feet, 7
inches of lot 8, block "O," on Fourth avenue, with building thereon.
Mortgage.
October 20, 1906.--J. D. McKay and Henry Burge to Dome City bank. $3,315. All
interest in lay dated Aug. 11, 1906, by John L. Sale and James Gunchion, to said
Sale and Burge in and upon the upper 400 feet of No. 6 above, Dome creek, with
machinery, etc., due 7 months.
Lease.
October 3, 1906.--T. A. McAvoy, H. W. Knight to Joseph Gates, J. H. Chiles, L.
G. Hoor and Victor Sebille. The upper 500 feet of creek claim No. 9 below on
Dome creek, until October 1, 1909; 75 per cent.
Contract of Sale.
October 24, 1906.--J. E. Johnson to J. E. Gabbart. To sell 3-32 interest in
Goldbug for Andraka association claim, left limit Ester creek opposite and
adjoining left limit of No. 9 below, extending down stream 4,084.6 feet, for
$3,000, payable July 1, 1907.
~~~~~~~~~~~~~~~
BUNCH'S BID THE LOWEST
Has Lowest Offer For Carriage of Mails Between Delta and Richardson.
BIDS WIRED TO WASHINGTON.
Tanana Mines Railway Will Get Contract for Mail to Cleary Creek -- Bids Vary for
Contract -- Bunch's Bid is Qualified.
If the second-assistant postmaster-general will go according to the words of the
bids submitted E. S. Bunch will be the mail carrier between Delta and
Richardson. Mr. Bunch's bid was the lowest for the round trip,, although Eugene
LaRose and J. H. King wired in bids for less money. They simply said, per trip,
which might mean, if they want too have it read that way, the round trip, and if
there were no bidders near them, per trip. As Mr. Bunch qualified his bid as per
the contract he will no doubt get the award.
The Tanana Mines railway was considerable below the other bidders in the
carriage of the mails to the creeks. There can be no question over the bids
submitted for the Cleary creek route.
The bids have been wired to Washington, where technicalities count and it is
quite certain that Mr. Bunch will, on this account get the Richardson mail
contract.
Following are the bids on the weekly service of 50 pounds from Washburne to
Richardson beginning Nov. 1, and ending March 31:
John W. Mcloskey, $60 per trip; J. H. King, $15 per trip; Sanfordd L. Godfrey,
$120 per month; Wm. Albright, $100 per month; Eugene La Rose, $19 per trip;
Stephen McGovern, $99 per month' Joseph Henry, $124 per month; F. A. Hadley, $75
per trip; James Glover, $650 for season; E. S. Bunch, $19.28 per trip.
Bids on the Fairbanks-Cleary route:
F. A. Hadley, $40 per round trip; C. A. Deruchin, $40 per round trip; E. S.
Bunch, $39.42 per round trip; James Wiest, $30 per round trip; J. C. Lemoine,
$25 per round trip; F. L. Kehoe, $25 per round trip; M. D. Hovey, $22.50 per
round trip; Henry T. Bogard, $17.50 per round trip; Tanana Mines railway, $15
per round trip.
Semi-weekly, 200 pounds limit, each way, from Nov. 1, 1906 to March 31, 1907.
~~~~~~~~~~~~~~~
WILL MUSH IN OVER THE ICE
Tom Lloyd and His Partners Will Have to Take Their Outfit to Kantishna Over the
Trail -- Have Something Good There.
Tom Lloyd and J. W. Taylor, who were to go to the Kantishna on the Florence S.
and started just in time to have the steamer go into winterr quarters are not
discouraged over their inability to get there and will when the winter trail
permits make the big mush to "King Solomons Mines," by the foot route.
Both are interested in the high grade, but peculiar ore they found in the
Kantishna last year. Evidently they have heard good news from the several
smelters and assay offices to which samples were sent, for they are now anxious
to get back and do more work.
It is to be regretted that the big outfit they will have to take in could not
have been taken up for them by the water route.
~~~~~~~~~~~~~~~
STEAMBOAT MAN TURNS TO MINING
Capt. John Murray Will Spend the Winter on Tenderfoot -- Had Very Successful
Season as Skipper of the White Seal.
Capt. John Murray, who was skipper of the White Seal made such a splendid record
in navigating the upper Tanana during the past summer, has turned miner, and
will during the winter try to find the channel which carries pay instead of deep
water on Tenderfoot.
He will walk to Richardson, and the chances are that he will swear every foot of
the way, for skippers don't like land travel nohow, [sic] especially when they
have to walk.
Before the season was entirely at an end, or just when the White Seal was going
into winter quarters, Mr. Sproule, managing owner of the vessel, gave Capt.
Murray a purse of gold, and a watch as a token of the appreciation he was held
in by the owners for his services.
HERB WILSON, OF CLEARLY, IS OUT OF HOSPITAL
Herb Wilson, of 10 below Cleary, who has been in the hospital for some time is
out and around the city. He had a severe seige of it, and constant attention and
medical skill were required for some time before he began to mend.
~~~~~~~~~~~~~~~
The Statue of Gen. Lawton.
Daniel C. French and Andrew O'Connor's bronze statue of Gen. Henry W. Lawton has
been finished in France and will soon be shipped to Indianapolis, where it will
be set up on a pedestal of Indiana limestone. It is undoubtedly a beautiful
thing in itself, but its photographs do not in the least suggest Lawton to those
who have seen him pacing up and down before a camp fire at night, wakeful as an
owl, perpendicular and lofty though angular, majestic yet rustic, and in every
line, movement and suggestion an American of the West.
This lack of resemblance in pose and bearing is unfortunate, for it is more
important that the statue of so special and salient a man, and so remarkable a
fighter, as Lawton was, should carry the cut and aspect of the man's form of
life than that the facial resemblance should be accurate or the whole effect
flattering.
The French-O'Connor figure is that of a younger man than Lawton was at his last
fight, and of a more cosmopolitan personage. We say cosmopolitan, for the figure
might be that of a man of any race. But if one were required to pick out the
race of this man without knowing it, "an Englishman," would be the instant
answer.
More's the pity! Lawton was a soldier-Hoosier. He did not look quite like any
other man in the world, nor act like any other man. He had terrible
possibilities in him, as all his friends knew, but these possibilities were
restrained when his country had need of him. They sometimes always seem to be
cropping out a little at the angles of his body. There is no suggestion of them
in the smooth, ham helmeted figure of the statue.
~~~~~~~~~~~~~~~
PREPARING TO MAKE TRANSFER
Prisoners Now in Jail Will Soon Be Moved to New Home at Court House.
NEW JAIL BEING FIXED UP.
Fires are Started for Purpose of Drying Out Wood -- Kitchen Utensils are
Installed -- New Home is a Dandy.
Within a few days the prisoners now in the federal jail will be transferred to
their new home. All the iron work has been completed and the cells made fit for
the reception of the men who board with Uncle Sam.
Men are now it were drying out the interior and cleaning up the place. The
kitchen utensils are being installed so that when the prisoners are moved there
will be no annoying delay in the feeding or convenience of the men.
Following are the prisoners to be moved and the sentence they still have
disserve:
Vuko Perovich, murder, case on appeal to Supreme Court of the United States.
Frank Smith, aiding and abetting in the escape of Thomas Thornton, three months,
has but short time to serve.
William Turner, robbery, convicted, case on appeal.
William Watson, embezzlement, nine months, has eight months to serve.
John Cooper, larceny, 11 months, has but six months to serve.
Sam Tansy, held on charge of assault with intent to kill.
Malcolm MacLeod, forgery, held to answer, another charge of obtaining money
under false pretenses hangs over his head.
Raphael Capriata, assault, eight months and eight days.
Antone Micale (Garibaldi), assault, 38 days, time will soon be out.
~~~~~~~~~~~~~~~
Successful Operation.
Robert P. Small, who has been confined to the hospital with an abcess of the
right hand, has passed through a successful operation and will be himself again
very shortly.
~~~~~~~~~~~~~~~
WILL BUILD ANNEX TO THE COLUMBIA
Harriet Davis Having Purchased Partner's Interest Will Build Two Story Annex,
Doubling the Capacity of the Hotel.
Now that the case between Harriet Davis and Alexander Coutts over a division of
rights in the Columbia House has been settled and the former comes into full
possession of the place, she has begun the construction of an Annex which will
more than double the size of the house. Miss Davis has purchased the interest of
Mr. Coutts.
Yesterday workmen were busy excavating for the foundation of the building which
will be constructed at the rear of the hotel. It will be 28 x 40 feet in size
and two stories. This will give the Columbia an additional 20 rooms. Several of
the other hotels are considering improvements and extensions but the Columbia
taking advantage of the mild weather will be erected within a few weeks.
~~~~~~~~~~~~~~~
TAKES NO CHANCES OF SEA SICKNESS
Capt. George Green Sails This Morning on Foot for Valdez -- Will Only Take a
Parka With Him -- Will Return in Spring.
Capt. Langley having sent back word about getting seasick on the way over the
winter trail while riding a buckboard, Capt. George Green who was pilot on the
White Seal this summer has concluded that he will not take a chance and there
for he will walk out.
George is a pioneer in the country having come in over the White Pass trail,
when it resembled a "thousand miles of hell." He is no new hand at the mushing
game and figures that he can make it out in 15 days. All he is taking with him
is a parka depending entirely on the road houses for accommodations, change of
clothing and foot gear.
He was recipient of a nice little present for his work on the White Seal by the
owners. He will return in the spring to resume his old position. During the
winter he will live in Seattle.
~~~~~~~~~~~~~~~
MRS. THOMAS WOODSON NOW CONVALESCENT
Mrs. Thomas Woodson, who has been confined to the hospital for some time
suffering with fever is now at her home. While not a well woman yet, Mrs.
Woodson has made wonderful strides in recovering from a very severe illness.
~~~~~~~~~~~~~~~
RECEPTION FOR JOHN LONGACRE
Cleary Creek Correspondent Says Boys Will Give Him Welcome.
EVERYONE ON CREEK BUSY.
Nearly Every Claim is Being Prepared for Winter Work -- Many Men Shifting
Boilers, Hauling Wood and Sinking Holes.
CLEARY CREEK, Oct. 22.--And still "Doc" Madding sluices. Guess that will great
on the years of the late workers on dome and Ester but "Doc" will be there at
the finish. They might tie him but they will never beat him, unless -- here's
the sticking point -- something happens to cut the water supply entirely off.
We are awaiting the arrival of Mr. and Mrs. John Longacre. When they land in the
old town they will receive a welcome which will be as sincere as it is hearty.
Both are popular and little Johnny Longacre will find he has more friends than
he ever suspected. Then again, there is something awaiting for John. Tell about
it in the next letter, or the one following their arrival.
Aikers and Cornwall of four above have purchased the machinery of Berry &
Hamilton on three above and will move it immediately to their own ground. The
entire outfit of fittings goes with the purchase. Aikers and Cornwall have their
ground blocked out and just as soon as the boiler and waste are set up will
again be taking out a Winters dump.
Murphy, of wildcat Creek, is on Cleary looking after business interests. Billy
Carter of eight below on dome is here on matters of business.
From end to end of the Creek there is a little boom on, the result of all
preparations for winter work. Boilers are being set, voice rigged, ground
cleaned off for dumping, would halt and sod, sluice boxes being placed on the
floor of the dumps and in fact all the work necessary for getting out a dump can
be seen on every claim from far up at the head to several claims down the
Chatanika.
Cleary at the present moment looks good. It will look better when the entire
Creek is being work later on. L. G.
~~~~~~~~~~~~~~~
GOOD PAY STRUCK ON UPPER VAULT
With the Exception of 4 and 5, Which Are Tied Up in Litigation the Upper End of
the Creek is Being Vigorously Developed.
T. T. Barbour, of two above on vault Creek, is in the city. He reports that pay
has been struck from 6 to 9 above. He is putting on a prospecting plant on 2
large enough to get to bedrock in a hurry. Mock was passed through for the first
50 feet after which gravel was struck.
Mr. Barbour reports considerable activity on the upper end of the Creek, with
exception of four and five which are in litigation. Good pay has been found from
1 to 4 above.
~~~~~~~~~~~~~~~
BIG MAIL REPORTED TO HAVE PASSED RAMPART
Mail is beginning to move on the Tanana River route. 300 pounds of mail left
given Monday for this city. It will come up with dog teams as far as Hot Springs
when it will either be forwarded by horses or dog teams to Fairbanks.
Campbell will leave in a small boat today with the downriver mail. He will use
the boat to Hot Springs when the mail will be transferred to the teams.
A report came up from Chena last evening that the big mail which has been so
long on the river between Eagle and Gibbon had passed Rampart yesterday in three
small boats. The Times was unable to verify the report last evening, but it is
said the news was received from an un-authentic source.
If such news proves to be true the N. C. Co. will at once begin moving the big
mail toward this city using every kind of conveyance to do so. This, Mr.
Richmond has promised already, so that if the mail has really arrived at Gibbon
there need be no worry but what he will get here as fast as men and animals can
travel.
~~~~~~~~~~~~~~~
QUESTION OF DISCOVERY
Tenderfoot Property Comes Up in the District Court for Hearing.
OVERGAARD VS. SHOPSHIRE.
Former Claims He Made a Discovery Latter Says He Found No Evidence of It When He
and Others Began Working the Ground.
After a jury had been impaneled and was ready to be sworn in, the lawyers in the
case of Overgaard against Shopshire yesterday withdrew their request for the
jury and asked that the case be tried by the judge.
The suit involves 17 below on Tenderfoot and the question concerns possession,
discovery, staking and the usual points which arise in such disputes over the
title to ground.
Jack Shopshire and his partners are now working the claim, but Overgaard is
trying to oust them, setting up the claim that he made a valid discovery, some
of the witnesses yesterday declaring that they could make money working on a bar
that was on the Creek.
Shopshire and his partners say that it would be impossible to make a discovery
for they are now down 171 feet and are still in muck. They declare they went on
the ground when there was no evidence of work having been done and have been in
possession and working ever since, and have spent many thousands of dollars so
far without being able to make a discovery.
~~~~~~~~~~~~~~~
TWO MEN WHO LANDED IN A GOOD HOLE ON ESTER
Capt. Bradford and Charles Winters, who are operating on 6a Ester are in the
city on business. They made good toward the close of the season and were taking
out dollars by the thousands every shift. Had the warm weather kept up they
would've had a gold dust train of their own running in the Creek.
~~~~~~~~~~~~~~~
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