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The
Alaska Citizen
Vol. II
Fairbanks, Alaska Monday,
May 8, 1911
Legal Notices
NOTICE OF FORFEITURE
To J. Crosby,
S. Russell, P. Litender, G. Codega, L. Stikek,
Chas Johnson, N.C. Lambo, their heirs, personal
representatives and assigns, and all persons
claiming by, through or under them.
You and each of you are hereby notified that
during the year 1910 we expended $100 in labor
and improvements upon placer mining claim known
as the Black Hill association on Fish Creek,
in the Fairbanks Recording Precinct, Territory
of Alaska, and the amount was expended and
such labor and improvements made for the purpose
of holding said claim under the provisions
of Section 2324, Revised Statutes of the United
States, and constituted the annual assessment
work upon said claim for the year, 1910, and
in within ninety days after the last publication
of this notice you or either of you fail to
pay the undersigned as co-owners your proportion
of the expenditures legally required to hold
said premises as aforesaid for the year 1910
together with the costs of this advertisement,
your interest in said claim will become the
property of the undersigned under said Section
2324, Revised Statutes of the United States.
N. LARSON
GEORGE WARMBOLD
First publication May 8, 1910.
Last publication July 31, 1910.

NOTICE
OF FORFEITURE
To H. Stroup, Chas. Lab, R. Dunn, Frank
Berry, Clarence Berry, F. Boarman, J. Meyers, Theodore Witte, their
heirs, personal representatives and assigns, and persons claiming by,
through or under them.
You and each of you are hereby notified that during the year 1910
we expended $900 in labor and improvements upon placer mining claims
known as Narrow Channel, Atlantic, Colorado, Pacific, Box Canyon, Oregon,
Artic, Missouri, Amalgamated fraction, located on Goldstream Creek,
in the Fairbanks Recording Precinct Territory of Alaska, and the amount
was so expended and such labor and improvements made for the purpose
of holding said claims under the provisions of Section 2324 Revised
Statutes of the United States, and constituted the annual assessment
work for the year 1910, and if within ninety days after the last publication
of this notice you or either of you fail to pay the undersigned as
co-owners your proportion of the expenditure legally required to hold
said premises as aforesaid for the year 1910, together with the costs
of this advertisement, your interest in said claims will become the
property of the undersigned under said Section 2324 Revised Statutes
of the United States.
GEORGE WARMBOLD,
D.L. THOMAS.
First publication May 8, 1910
Last publication July 31, 1910

NOTICE OF MARSALL'S SALE.
United States of America, Fourth Division,
District of Alaska. ss:
Public notice is hereby given that by virtue
of and pursuant to a writ of Special Execution dated April 23 1911,
issued out of the District Court of the United States for the Fourth
Division of the District of Alaska in compliance with a judgment, order
and decree made and entered by said court on the 29th day of April,
1911, in favor of Charles Swanson and against the Rampart Hydraulic
Mining Company, and in compliance with a judgment, order and decree
made and entered by said court on the same day in favor of Adolph Ott
and against said Rampart Hydraulic Mining Company, and assigned to
the said Charles Swanson, I will, on the 31st day of May, 1911, at
one o'clock p.m., offer for sale at public venue to the highest and
best bidder for cash at the front door of the U.S. court house in the
town of Fairbanks, Alaska, the following real estate and improvements
thereon and appurtenances there unto belonging, as one entire property,
to wit:
That certain entire mining property consisting of the following mining
locations and hydraulic mining plant now upon said mining property
and being a part of the freehold and a constituent part of said entire
mining claim, embracing placer mining locations known as numbers seventeen,
eighteen, nineteen, twenty and twenty-one above discovery on Hunter
creek, a tributary of Big Mincok Creek and placer mining claim number
three on Dawson Creek, a tributary of said Hunter Creek, all situate
in the Rampart Recording District, Alaska, together with the appurtenances
and improvements thereon and part thereof consisting of the hydraulic
plant thereon and all its parts and appurtenances consisting of 3700
feet of steel hydraulic pipe 7 inches in diameter, two giants, seven
nozzles, and the dams, ditches and flumes situate upon said property
and used in connection therewith consisting of 3,000 feet of ditch
and 3,000 feet of flume conveying water from Hunter Creek from the
point of diversion of mining claim No. 28 above discovery on said Hunter
creek to said mining property and 800 feet of flume conveying water
from Dawson Creek from the point of diversion of claim No. 4 on said
Dawson creek to said Hunter creek ditch, and also the water rights
and the use of the water flowing in said Hunter creek and Dawson creek.
Dated at Fairbanks, Alaska, April 29, 1911.
H. K. Loe,
U.S. Marshal Fourth Division, Alaska
M.O. Carlson,
Deputy
A.R. Heilig, Plaintiff's Attorney.
Date of first publication May 1, 1911.
Date of last publication May 22, 1911.

NOTICE OF MARSHAL'S SALE
UNITED STATES OF AMERICA, 4TH DIVISION, DISTRICT OF ALASKA, -SS.
Public notice is hereby given, that by virtue of a writ of Fieri Facias
(or execution), dated April 22, A.D. 1911, issued out of the District
Court, of the United States for the Fourth Division, District of Alaska,
on a judgment rendered in said Court, on the 19th day of April, A.D.
1911, in favor of Dominion Commercial Company, and against John Olson,
I have, on this 24th day of April, A.D. 1911, levied upon the following
described real estate, situated in the Fairbanks Recording District,
District of Alaska, to wit.
All the right, title and interest of the said John Olson in and to
those two contain creek placer mining claims known, located and recorded
as Numbers 2 and 3 above discovery on Pedro Creek, and that I will,
accordingly, offer said real estate for sale, at public venue to the
highest and best bidder, for cash, on the 31st day of May, A.D. 1911,
at 1 o'clock p.m. at the front entrance of the U. S. Court House in
the town of Fairbanks, Alaska.
Dated April 25th A.D. 1911
HK. LOVE,
U.S. Marshal
4th Division, District of Alaska.
By M.O. CARLSON, Deputy
A.R. HEILIG,
Plaintiff's Attorney.
First publication May 1, 1911.
Last publication May 22, 1911.
NOTICE OF FORFEITURE
To E.R. Babcock and G. Codigo, their
heirs, personal representatives and assigns; and all persons claiming
by, through or under them:
You and each of you are hereby notified that during the year 1910
we expended one hundred dollars in labor and improvements upon Placer
Mining Claim known as lower No. 9 below discovery, Fish Creek, tributary
to Little Chena river, in the Fairbanks Recording precinct, Territory
of Alaska; and the amount was so expended and such labor and improvements
made for the purpose of holding said claim under the provisions of
Section 2324 Revised Statutes of the United States, and constituted
the annual assessment work upon said claim for the year 1910. And if
within ninety days after the last publication of this notice, you fail
or refuse to pay the undersigned, as co-owners, your proportion of
the expenditures legally required to hold said premises as aforesaid,
together with the costs of this advertisement, your interests in said
claim will become the property of the undersigned under section 2324,
Revised Statutes of the United States.
CHARLES A. JOHNSON,
PETE JOHNSON
First publication May 1, 1911.
Last publication, July 31, 1911.
NOTICE OF FORFEITURE
To E.F. Leaf, his heirs, personal representatives,
and assigns; and all persons claiming by, through or under him.
You are hereby notified that during the year 1910 we expended one
hundred dollars in labor and improvements upon Placer Mining Claim
known as Blanch association claim, No. 20 below discovery, right
little, Goldstream Creek, in the Fairbanks Recording Precinct, Territory
of Alaska; and the amount was so expended and such labor and improvements
made for the purpose of holding said claim under the provisions of
section 2324, Revised Statutes of the United States, and constituted
the annual assessment work upon said claim for the year 1910. And
if within ninety days after the last publication of this notice,
you fail or refuse to pay the undersigned, as co-owner, your proportion
of the expenditures legally required to hold said premises as aforesaid,
together with the costs of this advertisement, your interest in said
claim will become the property of the undersigned under said Section
2324. Revised Statutes of the United States.
PETER VACHON,
J.S. STERLIN.
First publication March 13, 1911.
Last Publication June 12, 1911.
NOTICE OF APPLICATION
FOR UNITED STATES PATENT
Survey No. 360, Serial No. 0224.
February 20, 1911
United States Land Office,
Fairbanks, Alaska.
Notice is hereby given that, in pursuance to Act of Congress, approved
May 10, 1872, John L. McGinn, August Peterson, David Petree, and Thomas
Lloyd, whose post office address is Fairbanks, Alaska, and W.R. Taylor
and Jos. Quigley, whose post office address is Glacier, Kantishna precinct,
Alaska, have made application for a patent for three thousand linear
feet on the Silver King lode or vein bearing gold and silver with surface
ground six hundred feet in width, which said claim is situated on the
right limit of Eureka Creek, in the Kantishna Mining District, District
of Alaska, and consists of two adjoining and contiguous lode locations,
to-wit: The Silver King lode claim being fifteen hundred feet in a
northeasterly direction from the Discovery shaft thereon with surface
ground three hundred feet on each side thereof, and the Merry Widow
lode claim, being fifteen hundred feet in a southwesterly direction
from the Discovery shaft thereon with surface ground three hundred
feet on each side thereof; said location being described by the official
plat and by the field notes in the office of the Register o the Register
of the Fairbanks Land District, District of Alaska, as follows, viz.
SILVER KIN LODE
Beginning at corner No. 1, whence U.S.M. No 360 bears south 36 degrees
54 ' west, 581 feet; thence south 73 degrees 10'west, variation 28
degrees east, 1500 feet to corner No. 2; thence north 16 degrees 50'
west, 600 feet to corner No. 3; thence north 73 degrees 10' east, 1500
feet to corner No.. 4; thence south 16 degrees 50' east, 600 feet to
corner No. 1, the place of beginning contains 20.661.acres.
Merry Widow Lode.
Beginning at corner No. 1, identical with corner No. 2 of the Silver
King lode,; thence U.S.M.M. 360 bears south 88 degrees 22' east, 1,086.7
feet; thence south 73 degrees 10' west, variation 28 degrees east,
1,500 feet to corner No. 3; thence north 73 degrees 10' east, 1,500
feet to corner No. 4; thence south 16 degrees 50' east, 600 feet to
corner No. 1, the place of beginning, containing 20.661 acres.
Total area of the two claims, 41.322 acres.
There are no adjoining and conflicting claims.
Any and all persons claiming adversely said mining ground or premises
or any portion thereof, so described, surveyed, platted and applied
for, are notified that unless their adverse claims are duly filed according
to law within the time prescribed by law, with the register of the
United States Land Office at Fairbanks, Alaska, they will be barred
by virtue of the provisions of said statute.
C.C. PAGE, Register.
I hereby direct that the foregoing notice be published once a week
for nine consecutive weeks in The Alaska Citizen, a weekly newspaper
of established character and general circulation published at Fairbanks,
Alaska, by me designated as the newspaper published nearest the land.
C.C. PAGE,
Register of the United
States Land Office.
M-6-13-20-27 A-3-10-

JUPITER MARS Lode
Beginning at Corner No. --- (obliterated by ink stain) Corner No.
4 Silver King lode, S --- No. 360 bear S. 33 degrees 49' East, 807.3
feet, U.S.L.M. No. 360 bears S. 9 degrees 5' East 1732.1 feet; thence
N. 3 degrees 00' W. variation 38degrees East, 600 feet to Corner No.
2; thence North 66 degrees 40' East, 1500 feet to Cor. No. (three)
3; thence south 32 degrees 00' East 600 feet to Cor. No. 4; thence
S. 55 degrees 40' W. 1500 feet to Corn. No. 1 the place of beginning.
CHLORIDE LODE.
Beginning at Cor. No. 1 identical with Cor. No. 4 Jupiter Mars Lode;
whence U.S. L. M. No. 360 bears S. 25 degrees 36' W. 2555.4 ft.; thence
N. 32 degrees 00' E. 600 feet to Cor. No. 2; thence N. 68degrees 04'
E. 1482.8 ft. to Cor. No. 3; thence S. 32 degrees 00' E 600 feet to
Cor. No. 4; thence S. 68 degrees 04' W. 1482.8 ft. to Cor. No. 1, the
place of beginning.
WATERLOO LODE
Beginning at Cor. No. 1 identical with Cor. No. 1 Chloride Lode, whence
U. S. L. M. No 360 bears S. 40 degrees 56' W. 3783.5 ft.; thence N.
32 degrees 00' W. Var. 28 degrees E. 600 ft. to Cor. No. 2; thence
N. 83 degrees 39' E.1500 ft. to Cor. No. 3; thence S. 32 degrees 00'
E. 600 ft. to Cor. No. 4; thence S. -- 39' W. 1500 ft. to Cor. No.
1 the place of beginning --- no adjoining and con-----.
Any and all persons claiming adversely said mining ground or premises
or any portion thereof, so described, surveyed, platted and applied
for, are notified that unless their adverse claims are duly filed according
to law within the time prescribed by law, with the register of the
United States Land Office at Fairbanks, Alaska, they will be barred
by virtue of the provisions of said statute.
C.C. PAGE, Register.
I hereby direct that the foregoing notice be published once a week
for nine consecutive weeks in The Alaska Citizen, a weekly newspaper
of established character and general circulation published at Fairbanks,
Alaska, by me designated as the newspaper published nearest the land.
C.C. PAGE,
Register of the United
States Land Office.
M-6-13-20-27 A-3-10-17-24 M-1-8

NOTICE OF APPLICATION FOR UNITED STATES PATENT.
Survey No. 362 -- Serial No. 0226.
February 20, 1911.
United States land Office,
Fairbanks, Alaska.
Notice is hereby given that, in pursuance to the Act of Congress,
approved May 10, 1872, John L. McGinn, August Peterson, David Petree
and Thomas Lloyd, whose post office address is Fairbanks, Alaska, W.R.
Taylor and Joseph Quigley, whose post office address is Glacier, Alaska,
have made application or a patent for 1,500 linear feet on the Chlorine
lode, bearing gold and silver, the same being 1.110 feet in a southwesterly
direction from Discovery, and 390 feet from Discovery shaft in a northeasterly
direction, with surface ground 300 feet in width on each side thereof;
said claim being situated in the Kantishna Mining District, District
of Alaska, at the head of left fork of 22 Pup, and described by the
official plat and by the field notes in the office of the Register
of the Fairbanks Land District, District of Alaska, as follows, viz.:
Beginning at Cor. No. 1, whence U.S.M.M. 360 bears S. 53 degrees 35'
W., 5677 ft. Cor. No. 4 Waterloo Lode, Survey No. 361 bears S. 59 degrees
56' W. 690.4 Ft.; thence N. 16 degrees 59' W. Var. 28 degrees E. 600
ft. to Corner No. 2; thence N. 72 degrees 44' E. 1500 ft. to Cor. No.
3; thence S. 16 degrees 59' E. 600 ft. to Cor. No. 4; thence S. 72
degrees 55' W. 1500 ft. to Cor. No. 1, the place of beginning.
There are no adjoining and conflicting claims.
Any and all persons claiming adversely said mining ground for premises,
or any portion thereof so described, surveyed, platted and applied
for, are notified that unless their adverse claims are duly filed according
to law within the time prescribed by law, with the Register of the
United States Land Office at Fairbanks, Alaska, they will be barred
by virtue of the provisions of said statute.
C.C. PAGE, Register.
I hereby direct that the foregoing notice be published once a week
for nine consecutive weeks in The Alaska Citizen, a weekly newspaper
of established character and general circulation, published at Fairbanks,
Alaska, by me designated as the newspaper published nearest the land.
C.C. Page
Register of the United States Land Office
M-6-18-20-27 A-3-10-17-24 M-1-8
DOINGS IN DISTRICT COURT
On Monday Judge Oerfield signed an order which will regulate the cleanups
on the ground involved in the case of August Hanot vs. Mary E. Pedro
et al. The interlocutory degree handed down in this case last October
held that the plaintiff is the owner o a one-half interest in the property
owned by the co-partnership of August Hanot and Feli Pedro, compromising
a one-half interest in 2 below ilmore, a Three-quarter interest in
discovery Goldstream, 5 above Fox, 3 above lower discovery Fish Creek,
3 below Kokomo creek, one-half interest in discovery Bear creek, one-half
of 5 above Fairbanks creek, discovered Pedro creek, 500 feet of the
lower end of No. 7 Pedro, the upper half of 1 below Pedro and the lower
1,000 feet o discovery Gilmore. Mining operations are being carried
on on several of the properties and the court therefore orders that
a 24-hour notice be given by either party to the other of any cleanup.
Either party is also to be given ample time to inspect the workings
and test the ground by panning. Either party is also required to make
an accurate weekly statement of the cost of operation and the output,
and each is ordered to deposit with the clerk of the court 25 per cent
of the gross output to be held pending settlement of the action.
***
A motion for a new trial in the case of the
United States vs. Al Prescott was denied
on Monday. This was the case in which Prescott
was charged with intimidating a witness.
On Wednesday Prescott was sentenced for this offense to
pay a fine of $500 and he was also fined
$25 on the charge of assault and battery
o which he had also been convicted. Prescott can either
pay the fine or work out his sentence in
the federal jail at the rate of $2 per
day.
***
On Monday Judge Overfield sentenced Dominick
McIntyre to two years in the penitentiary.
McIntyre was convicted of assault with a dangerous weapon. After
the jury had indicted him on
the count of cutting with intent to kill.
The court took into consideration in imposing a light sentence, the
fact that McIntyre was a pioneer
and had hitherto borne an excellent record.
***
The ejectment suit of Nels Rasmussen
vs. Joe Sanders et al. was called
on Monday, the following jury being
selected
to try the case: Chas. Swanson, J.J
Filbin, A. McDougall, A. *II Cook,
R. Alm, F. Schumacher, Henry Johnson, W.J.
Henslee, P.J. Wenn, Carlo Jackett,
E.J. Burger and P.J. O'Connor.
The
suit involves ground in the Circle
district and the defendant's objection
to the introduction o the commissioner's record for the
Circle
precinct was sustained by the court
and the plaintiff's motion to dismiss
was then granted.
The
suit was one in ejectment and for damages
and was brought against Sanders and
J.J. McDonald by Nels Rasmussen,
as guardian for Andrew Lane and
involves Nos. 8, 9 and 10 on Mastodon
fork
of Eagle creek. The plaintiff claimed
that he had been wrongfully and
forcibly ejected from the premises
on January 1, 1909.
***
On Tuesday the case of Joe Eglar
vs. Ben S. Baker, Harry Winde,
Peter Jepsen, Sylvester Howell,
Jennie Cleveland, O.J. Anderson, John Renza and R.C.
Koebsch was called. Cleveland and
Howell were the only two appearing
for the defense. The case involved
the question of whether a man
has the
right, after using water and
abandoning it, and after the abandoned
water has been appropriated by
another, to recapture it and carry
it off so as to deprive the second
man of its use. The water in this
case was taken from Easy Money,
Dome and Quartz creeks, in the
Hot Springs district, and used by Howell
and Sylvester in their operations
on Quartz creek, being afterward
allowed to flow back into Quartz
and into the ditch of Joe Eglar, who
is mining on Sullivan. When later
Howard and Sylvester began mining
operations on the left limit of
Sullivan creek they picked up the water on Quartz
and carried it on down to their
new workings, depriving Eglar of
its use. The introduction of the
testimony in the case was finished
on Friday and the arguments were conclude
on Saturday. It is an equity case. In rendering his decision in favor of the defendants on Saturday evening
Judge Overfield held that they were the original appropriator of the
water and that the construction of their ditches had been pursued with
due diligence; that the allowing of the water to run down Quartz creek
and subsequently into the intake of the plaintiff's ditch did not constitute
an abandonment of it and that the n notices filed by the defendants'
predecessors, when they staked the water right on Quartz creek, gave
notice to Eglar and his predecessors that they might subsequently change
the place of the use of the water as they stated that the water was
for use on Homestake bar "or at any other point where said water
may be required."
***
An action involving an interest
in the Niggerhead association
on lower Dome, entitled Max
Manger vs. Matt Schroeder,
was commenced on Tuesday. The plaintiff,
Manger, claimed that on May
22, 1906 he bought a one-eighth
interest in the Niggerhead
from the defendant for the
sum of $2,000, paying at
that time the sum of $200. Another $500 was to be paid
in twenty days and the balance
of $1,300 on August 15. The
plaintiff asserts that
after he had made the second
payment of $500 he discovered
that the defendant owned
only a one-sixteenth interest in the claim, and that he therefore
wished to pay for the one-sixteenth
interest at the rate agreed
upon for the one-eighth,
or $300 more, making a total of $1,000. This
was refused and the defendant
contends that by not
paying the balance of $1,300
the earlier payments were
forfeited. After the testimony in the
case had been given the court
directed a verdict for the
plaintiff, who is found to
be the owner of a one-sixteenth interest in the
Niggerhead, and has been
the owner since May 22, 1906. The
verdict also gives the plaintiff
the sum of $1,578.75, rents and royalties accruing
to the one-sixteenth interest
during the year 1910.
***
The case of the United States
vs. Franklin Moses was
dismissed on Wednesday for lack
of evidence. Moses was charged with
embezzlement, the indictment specifically charging
that he had
made a false claim against the government.
***
The trial of David Olson, who is under
indictment for the murder of David
Nagle, has been set for May 15, this being the next of the
criminal cases to be taken up by Judge
Overfield.
***
An order was on Friday entered by Judge
Overfield in the matter of the claim
of E.H. Osborne Vaudin against the Washington-Alaska bank.
The showing was made that in May, 1910,
Vaudin's mother gave him 300 pounds of sterling to be invested
for his three children, and that he
deposited
$916.50 of this amount in the Washington-Alaska
bank to the E.H. Osborne Vaudin trust account,
checking against it until a balance
of $54 remained. The bank holds that that note of Vaudin
and Adolph Jestland, a part of which
has been paid. The court orders that the receivers
treat the
balance of $542 in the trust fund as
an ordinary deposit and apply a sufficient amount thereof
to take up and satisfy the note, also
that the remainder be classified with the other depositors'
claims and that Vaudin be paid thereon
the dividends already passed and others
that will hereafter be
declared.
***
Judge Overfield on Friday continued
the case of Charles L. Thompson et al. vs. Walter
King et al until May 8, when the order
to show cause will be argued. The case
involves a claim for the interest in one of the let limit Goldstream
benches. The court on Friday modified
the
restrained order in so far as t allow
the defendant to sluice, but directed that one-third
of the gross output is to be deposited
in the registry of the court. The plaintiffs are to be notified
of the cleanups so as to have a representative
present if they wish to.
***
On Monday, on motion of District
Attorney Crossly, the charge against Peter Johnson,
who was indicted for
giving liquor
to an Indian, was dismissed,
there not being sufficient evidence to convict.
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