Alaska Notes
GMhered From Ttfrilutii]
| Exchangee.
That .one wolf will eat two deer
every .-•week—providing , it can set
them—is the statement made by the
United States Biological Survey.
And, according to H. H., Gubser
predatory animal-hunter /or the .-Ter
ritory, deer- have' ne rhahee - when a
wolf starts, out aft^r one for a meal.
Th6 only protect iop for .the .deer is to
takfe to the. water where he can. fight
off <th* wqlf.
Mr. Gubser os n®w. investigating
the* situation on the islands of souths
eastern Alaska, where he says wolves
are. not so numerous as is generally
supposed, lHit there are enough to
make great inroads .on game. They
“behchcomb” at times, picking up fish
and other food, hut the.ir main diet
is deer meat.
Thar Ffank Hoffman i»- likely to
succeed Harvey Sullivan as United
States marshal far the Third division
is the rumor now current in coastal
cities.
Those said to be in a position to
kndw declare .Mr/. Hoffman was not a
candidate while Harvey Sullivan, in
cumbent. desired .the .position, but
now he is left free to seek the post.
His. chances of obtaining it. are de
’W" 'll11” I l1 ». I
Dark
interior'
Pen-Bred
Wire Ol-teffr
Clough Sc
Brink
Takotna, Alaska
a i
dared to haw unproved since Deputy
Marshal Harry Stater of Anchorage
has abandoned hopes of being ap
pointed.
Mr. Hoffman is now living in An*
chorage. For many years he was
deputy at Matanjiska where he owned
a ranch.
Clark M. 6 atber>-superintendent of
the western district of the Office of
Indian -Affairs, with headquarters at
Akiak, has -bound oVer to the
grand jury on a charge of grand lar
ceny.
The government contends that
when an agent-' of the administrator
of the Peter Williams estate present
ed a note for collection Mr. Garber
tbok it and refused to return it and
that it was obtained only after a
search uraraant had been sworn out
and his house searched. It is said he
borrowed money from Williams, a
well-to-do Indian who was drowned
about a month ago.*:
f
FLAT ANDMDErAROD
FLAT.—Jack McDonald left 'yes
! terday with dog team for Ophir and
Takotn*..
Pilot Harry Blunt of tfie Pacific'In !
temational left Flat with four pas
sengers—Joe Linke-, Paul Drain, Os
car Keturi and Scotty ifundas—all
! bound for the Outside,'. *.
I Nob jGhtbler and Bernard iVy start -
! ed for Takotna by'.the ski route,
j The'Moose Hall was.-the scenee at
i i a re well dance last Saturday night,
given to the crews of both dredges
who are all leaving soon for their
homes on the Outside.
Lats lndegacd apert.the week-end.
in Iditarod.
Lou Miller, with his big dog team,
took BilT Bunts to hi* trap line, also
tgking out a load of grub.
Mike Demieotief,. after purchasing'
Henry Crook’s tive dogs and sled, left”
for Holy Ctoa.-, vith his sister as
passenger.
Pilot AI Monsen of the Pacific In
ternational arrived Friday from, re
maining here all night.
Pilot Bob Ellis arrived here Friday
from Anchorage.
Bernard Ivey was a Wednesday ar
rival here from Flat, continuing to
McGrath on Friday.
Short Commons.
Old Lady (at the zoo)—Is that a
man-eating lion?
ed-up Keeper—Yes, lady, but we’re
short of men this week, so all he gets
is beef.—Tid-Bits.
NUGGET ROADHOUSE.
< AND BAKERY
"■—g——1■" i. —————————— ll» i ■■ mm, i >.
Rest of Meals and Beds.,
Everyone Welcome
Good Dog Barns..
Mrs. John Kieck : Prop;.
i i
H
\ :<
,
■ t
i
otna General Store
TAKOTNA, ALASKA
We shall continue to handle a Com
plete Stock of Merchandise. .
"PROMPT SERVICE” Is Our Motto .
• *
DECISION*9 PJUDGE CLEGG
tN. THE JOE OATES CASE
(Continued from Page 8.)‘
placed in the jury box by the commis
sioner in the presence of. the parties
dr their, attorneys _,and the cards or
pieces of. paper upon which the
names of the jurors are written
shall be thoroughly mixed so as to
insure a fair apd impartial draw
ing.
' “Section 8. The jury box contain
ing the names of the prospective
jurors’ for ajiy drawin gof any jury
or jurors in apy of the courts of the
Territory of Alaska, and the cards or
pieces of paper upon which the names
of such prospective jurors have been
written, may be examined by the par
ties plaintiff or .defendant or by any
attorney authorized to practice law
in the . courts of the Territory of
Alaska withinj.such limitations and
tinder such conditions as the court or
judge or commissioner, as the case
may be, may reasonably prescribe;
and in the case of commissioners’,
courts a party to an action about to
Jjie tried or in the courts of trial shall
have the same right. In all cases be
fore a jury. or, jurors shall be drawn
from the box, the box shall me well
shaken by the officer making the
drawing so,aa to thoroughly mix the
cards or pieces of paper therein upon
which the names of the prospective
jurors are written and thus insure a
fair and impartial drawing.”
This act of. the Territorial Legisla-j
uuxc tuiiwuiid uueuuuxis as kaj
the formation of juries. Section 6
com m'uiee.i. with*: they significant and
sweeping langoage:
“In the trial, .of all cases held by
United States commissioners as ex
qfficio justice sof the peace.”
In addition to the use of this all
inclusive phrase,, the Legislature, by
Sectipn 1 Oof the same act, for the
apparent,purpose of compelling obedi- j
Mice fee*, its will on this subject, en
acted therdrastic prohibition that:
“No case, either civil or criminal,
shalLJbe-tried in any of the courts of j
the Territory of Alaska, except in
accordance,with the provisions of this
act. . . ...
Section 1 Oin its entirety reads as
follows: •
“Section 10. No case, either civil
or criminal, shall be tried in any of |
the courts of the Territory of Alaska,;
except in accordance with the provi
sions of this act, an dany violation of
the provisions- of this act is hereby
declared to be reversible error. Pro
vided^, however, that in any civil or
criminal case, by consent and agree
ment .of the parties given in person
and h(y and through their attorneys,
and made in writing and signed and
filed., in. the case, a jury shall be
drawn or selected in any manner upon
which-the parties may so agree, and
such jury, so drawn and selected un
r»
n
der appropriate order of the court
made in conformity with this agree
ment, shall be deemed a legal Jury,
and such drawing or selection shall
not be deemed in violation of this
act. . . .. .
V. hat. is the meaning of the lan
guage, “No case i . . shall be tried
. . . . except in accordance with
the provisions of this act”? Dd4s'it
not mean that the provisions of the
act must be substantially complied
with or no trial shall take place?
And if the trial has commenced
and issued been joined upon the de
fendant's pi. a of not guilty, and a
demand made for a jury trial, either
the jury shall be drawn in the man
or prescribed by the act, or the trial
ohall then and there terminate and
be at an end.
Statng it in another way, no jury
■.hall be drawn, no evidence heard, no
verdict rendered, either of acquittal
or conviction, and no judgment shall
be rendered, if a conviction had, and
no commitment issued. - .
In other words, unless the jury is
secured by virtual and substantial
conformity with the provisions of
this statute, the jurisdiction of he
commissioner and ex-officio justice of
the peace to try the particular case
is lost. Jurisdiction is generally de
fined as the “power and authority to
try and determine’, and if the power
“to try” is taken away and withdrawn
so also is the power “to determine,”
where the provisions of the statute
are violated and not substantially
complied' with.
Hence, in view of the evidence sub
mitted and of the existing statute
law of this Territory, I hold that in
the instant case, the provisions of the
statute having all been violated by
the justice court in securing the trial
jury by which the defendant was
tried and convicted, the trial court
surrendered and lost all jurisdiction
to exercise judicial functions and
that, after the demand for a jury
trial, all subsequent proceedings
down to judgment and sentence were
coram non judice, and, therefore, void.
Writ sustained and petitioner or
dered discharged forthwith from cus
tody.
Dated at airbanks, Alaska, this 1st
day of December, 1931.
' In the Probate Court for Otter Pj*
oinct, Fourth Division of Alaska.
In the matter of the Estate of Mayma
Wroten, deceased.
No. 69.
Notice of Hearing of Final Account. .
Notice is hereby given that the ad
ministrator of the above estate has
died his final report in the Probata
Court above named and that said re
port will be heard before th\e said >
Probate Court for Otter Precinct, at
Plat, Alaska, on Monday, the. 30th.
uay of November, 19&I, at SLiVehtek
P-imj of said day, at which time and
place all persons interested mayvapt
pear and show cause, if .any,, they
have, why said report r shriuldl-hofehe -
Approved-and confirmed. ;’
THOS. M.\XJ ARJEAKDv,
Adminiatostofr ,r
First publication' Aiig^gt,^!9irlHP.
ROSICRIiClAN v- M V3'HnUBK»~dJK'
sincere seekers for theiv'gneat’itrattii»
and power known toutheh«neiente.
write for the free bcMnVML%hkw^
Egypt;” mailed with<mt<Jt>biii£atriM»
' to occult students. Librarian llA.
A more Temple, San Jofee.-vOdltf/1
When In,t
Fairbanks .n
For Real Home-Grown •.
CHICKEN DINNERS >
Try The
18-Mile
Roadhouse
Hi one In Advance for Special ;
Parties. -
NICE BALLROOM •'
Where AH May Dance toil'liefe '
Delight, by lUdio MAMc.<
A Short Drive Tlwongh''Dd<a>
lightful Forest Scenery.»
Mr. and Mrs. Geo..
Mutchler
Proprietors' •
A
A
1
i
*<•
Soon Time to Plan Your • j;
Christmas Dinner,
HERE ARE A FEW SUGGESTIONS^
Stuffed Olives Ripe Olives PicklfedOriions
Fanning’s Bread and Blitter Pitkfiid.'t
Heinz Catsup Heinz Chile SauceHeinz; India Relish v
t
Tabasco Sauce H. P.. Sauce. * Capers.
Boiled Cider All hinds of Sdft Drthks' fofr Punch1
Schrafft’s Delicious Nationally Advertised Candy ,
Fruit Cake (in 11-2 and 3 lb. tins,. Pumpkin
Fancy Moist Mince Meat. Tomato Paste
Mushrooms (in, cans and driedj Green Peppers \
Imported Rygcrisp, all the way from Sweden, (
Pttuentos Edam Cheese
HormeEk'load. Swift’s Savortite Chicken, |
Fall line of Flavoring Extracts, including Food Colorings- v
Shelled Pecans and Walnuts
Northern Commercial
Company
McGrath. Alaska