Fairbanks North Star Borough News


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.


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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.

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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.

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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.