THE KUSKO TIMES
Av X. i&rin^ rPublbiler, Sole
Owner and Editor.
FnNinhori Ererv Sntarday |
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Entered aa second.«lass matter; Au
gruet Mth, 1028, at the postoffice at
TokotiU, Alaska*. under, the Act of
March 8, 1828.
Takotna, Alaska,. .January , 1„ 1927..
RIGHT OF SEARCH. IN ALASKA .„
HOMES CURBED BY COURT?
Alaskan homeswro-entitled tothe
same immunities -and limitations- of
search- under the National Prohibi
tion. A'ct aa ara the hemes of residents
of other -portions of the United States,
regardle js-of -.thb provisions for search
of the Alaska bone dry law. This is
the principle law)-down by the Circuit
Cdurt. 01 A ppeafe for the first time ire
a deiision rendered’. November 15, last.:
Under the.-Alaska bone dry law, the
homes of residents of Alaska are sub
ject to search where their-is reason
to believe intoxicating .liquor i sheld
therein.. Under the provisions of the
Nations! Prohibition Act .there must
be some. 'eridence'>of sale<in private;
dwellings before the right of search
is available ta enforcement officers.
Thd Appellate Court’s decision, noted
above-,,.sets aside- the tocafcstatute and;
decares that the-homes-of Alaskans,
are on the same-fboting as the homes
of other Americans in other portions
of the country.4.
Text of Opiriibti*.
The - opinion:i was rendered in the1
case of the. United Stdtto vs. Oie<
Berkeneas; upon appeal.hy the Gov
ernment- from, the Federal District
Coilrt at» PhirbatnkSi ,'ff was handed j
down by- DTKstrict Judge James,, of
Los Artgeles, sitting qn the Circuit
Court bench with, Judges Gilbert and
Rudkin.
The opinion said': ^
“The*-appeal^ taken-by the United
States, presents the question aa to
whether a search warrant may be
issuedk.under the ^provisions of- ' the
Bone Dfy Act, affecting: only Alaska-'
territory., where - the* place, to be
searched is used as.adwelling, - with--]
out a showing- tfrstraade under oath '
that intoxicating liquor is being sold
therein. The National Prohibition
Act (Sec. 25, Title 11) requires such
evidence, to be presented before a
search warrant shall issue.
‘Te action was one authorized to
be brought under the Alaska Bone
Dry Act, which declares any place to
be a nuisance where alcoholic liquors
are ‘manufactured, stored, sold, or
vended, given away or vended con-,
trary to law.’ Secs. 19, 20 „ 39, Statr
91)3.) The district judge sustained a
preliminary decision of appellee to
exclude evidence as to liquor found in
a cabin occupied by appellee ou the
ground that such evidence was illegal
ly secured. Ruling followed sustained
the objections as the. offer made hy
tiie district attorney to show that the
liquor seized as evidence was taken
under a search warrant issued upon
the sworn, statements of witnesses.
The affidavits were sufficient in their
statement, of facts to justify . the
terms of the Alaska Prohibition Act
and te justify the issuance of a.
search warrant. (Sec. 17, Act above
cited.) That the National Prohibition
Act did not not work a repeal on the
prohibition law. made specially for
Alaska,..has been decided in several,
cases in this circuit.
“Abbats vs. United States, 260 Fed..
735; Simpson vs. United States, 290
Fed. 763; Peterson vs. United States
29.7. Fed. 1000. In. the Peterson case
the conclusion of the court was thus,
summed up (p. 1001):
“‘The two laws,..National Prohibi
tion Act and Alaska Dry taw, are in
force in Alaska, with the qualification
that if there are inconsistencies in
any of their provisions the National
Prohibition Act must prevail.’
Government Not Sustained... .
"The inconsistency wmcn wul nul
lify the law applicable to the local
Territory must be one concerned with
the main purpose of the National..
Act. so that its effects upon a right
conferred or restriction declared will
be to diminish or to relax either. In
toxicating liquor, by permit.; may be
possessed under the terras of either
act for certain purposes. Under .nei
ther act may intoxicating liquor be
otherwise possessed. So it will not
do to adopt the argument, of counsel
for the Government, that the search
warrant provisions of the National
Prohibition Act have to do with con
ditions different-and inapplicable to
the enforcement of the Alaska Dry
Law. The purpose, as we here con
ceive it to be, by Congress when it
adopted the National Prohibition .Act
and provided particularly what the
conditions to a search of a private
dwelling should be, was to occupy
that ground fully, and to the exclu
sion of iawa of such, local effect as
that here considered. . So acting, is
impressed a., limitation on the right
to search a private dwelling which is
available to residents of Alaska
equally with those in other portions
of the Unted States.
“The decree of dismissal is af
firmed."
CHICAGO TO HAVE. BARE FISH
FOUND IN ALASKAN WATERS
CHICAGO.—The possibility,. of
transporting Alaskan biacktish to
Chicago by freezing them into solid
blocks, and then bringing therovhack
to life by thawing the ice, is.being
investigated by...Walter H. Chute, as
sociate director of the 000,000
Shedd Aquarium to be erected in
Grant Park.
Preliminary investigation has de
termined that the Alaskan blackfish.
principal food of the natives living
between the Yukon delta and the Jtus
kokwim river, has tremendous,.vitality
and is as lively as ever when, thawed
out after weeks in their icy„prisons.
Cases-h^ve been reported where
frozen fish have come back to life
after being swallowed by., native dogs.
In these instances the fish were thaw
ed out. by the animal heat,, of the.
stomachs, their movements causing
the dogs to vomit them up alive..
This species is probably the,.most
abundant of all fishes .which occur in
the fresh and brackish, waters of, the
.northern part .of Alaska. It is found
in all. small streams of the Lav
grounds, in theuroorasses and sicgl
num-covered areas which are :,i:cu
with water and which at times .sin
to contain water . sufficient only to
moisten, the skin. ..
In the low grounds, or tundra, are
thousands of small ponds of very
slight depth, connected .with each
other, by small streams of.. variable
width. These narrow outlets of the
pond» are at certain seasons so full of
fish that they completely block them
un. .
The .natives capture them, by the
use of small traps. The fish are placed
in grass baskets, .where they quickly
freeze, and then are. put out of reach
of the dogs. When brought into the
house, after week3 on. the stages, J^ie
nsb thaw out and wiggle around, ap
parently unharmed. .
While their numbers, are so vast, as,
to .enable whole settlements to sub
sist, this species, yrhich is the sole
representative of a -family and orden
of the otherhe remained a life-long
collection„in general.. .The body is
rather long, the pectorals are about
half, as long as the head, the eye is
rather, small, the mouth is moderately,
large, the lower jaw projects like that
of an aged trout, and. the tail, is
rounded, with many slender rays. In.
colon it is mottled..ibrownish-black.
The fish -fsesembles our pike or small
pickereL .
OLD BELIEF EXPLODED.
One of the commonest, and likewise
one of the most unreasonable weather
superstitions, is the belief that if the
horns.of the new crescent moon tip
downward, it is a “wet” moon, por
tending rain.
The position of the lunar crescent,
explains the United States Weather
Bureau, depends upon the angle that,
the moon's path makes with the ho
rizon, and on any given date it is al
ways the, same in places having the
same latitude. If this weather sign
were trustworthy, the same kind of
weather, either dry or rainy, would
prevail at any given date .throughout
a belt of latitude extending entirely
around the globe. Of course, there is
ho such uniformity of weather, in re
lation to latitude. In the., temperate
zones, where the weather travels
from west to east, the greatest con
trasts of wet and dry weather condi
tons are likely to be found along par
allels of latitude rather than merid
ians of longitude.
Near the equator the position of
the young moon never makes ar. angle
of more than 30 degreeswth. the ho
rizon, and it is generally in an even
more , nearly horizontal -position, as
■
m
| that is a part of the world notorious
for regions of heavy rainfall, the
moon is, according to the proverb, al
ways a “dry" one. The Anal absurdity
iu the case of the crescent moon as
seen from the north and south poles,
where t is always what the proverb
describes as “wet”, for at those places
ciie line joining the tips of the cres
cent always makes an angle of less 1
than 26 degrees in the, vertical;, yet,
■ the polar regions are characterized by
; s<> Mtle precipitation in. the. form of,
rain and snow that they rank among i
j the. arid regions of tha.glpba.—Ex.
! Alaskans who feel that they ., are
; missing something by remaining in ’
! the territory should set their minds I
1 at rest by taking^ trip to the States. I
! That is the advico-ofl an oldtimer of
i Southeastern Alaska who has just re
j turned. from an extensive tour which
; took him to the other side of the con
! tinent.. He traveled by auto and
; studied conditions along the way, and
• Takotna
Cigar Store
Tobaccos
Cigars
Soft Drinks
1
t
! Ered Duboi
Proprietor
he has returned to his home in.th*
North convinced that Alaska offers, as ,
much in. the way of opportunities and
happiness as any section of the United
States visited by him. He says
for the benefit of those Alaskans who.
are wiling to take his word for it;,
doubters are advsed to try it for
themselves, and he expresses the coiw
viction that they will return to Alas- -
ka after a short stay Outside, ready /
to put their shoulders to the wheel in a
.a concerted effort to speed Alaska's
progress and development.—Ex.
The Bishop of London says that re- -
ligion and science go hand in hand. .
They do, but every now and then one :
of them lets go and hands the other a .
nasty wallop.—Cleveland Plain Dealer ?
Max Simeli
The Pioneer Trader
Furs Bought and
Sold
Miners’, Prospectors’
and Trappers’ i
Supplies 1
| Steamer Service On the Inoka
; River.
i
j Ask th* People <>f (>phir about us.
STATION
| Fairview. Innoko River
i
i
FREIGHTING
General Transportation
How About Wood Hauling?
Joe Ferris - - Takotna