The Ketchikan miner., 1907-05-11
IMPORTANT CASE DECIDED.

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 Judge Wickersham handed down his decision In the Berner's Bay cases. last Saturday afternoon. These cases have been hanging fire in the district court for years, and that they have finally reached stage where, if any of the parties feel aggrieved, they can seek remedy in a higher court, must be relief to all concern ed. The cases involved property and money rights estimated at more than million dollars, the issue and tangled webs of which are thus stated hy the Record Miner.
 The main issue involved WAS the right of priority between the mortgage bonds and the receivers 's certificates. and incidentally the priority between the three issues ot receivers certificates. Added to these was the general management ol the affairs ot the company by the receivers during the past ten years 10 pass upon. The decision WAS care fully prepared document, covering twenty tpyewritten pages of matter
 The court held the mortgage bonds to be the first lien. followed by the threo sets of receivers certificates in the erler in which they were issued.
 The objections to the account of Fred D. Nowell aS receiver were all overruled and denied and his report approved. The objections to the re- ceiver's certificates were also over ruled.
 The report ot the present receiver, I. C. Mcbride, was approved, except as ts the salary of himself and attor- ney, both of which was fixed hy the court at s25o per month and both to be paid as costs of litigation.
 The petition of J. II. Cobb for an allowance of SD. GOO for services to the former receiver was denied on the ground that he acted as attorney for the receiver under written con- tact for sl5o0 per annum.
 The petition of Shackleford X Lyons and John ]. Boyce for an allow ance of s5.ooO for services rendered the present receiver in the Johnson suit was denied, the court stating that they could file their lien on the l judgment in that suit
 l The present receiver was instructed to pay over the money in his hands to Shackletord X Lyons to pay for assess ment work this year, the money hay ing been paid to the receiver by the International Trust Co. for that pur- pose.
 The present receiver and his en- ployers will be discharged and his bond exonerated
 The petition Of the special master heretofore appointed to sell the prop erty. for salary and expenses incurr- ed was. allowed the amounts to be taxed as costs in the suit.
 The bonds which are declared to be a prior lien amount to s5o0, eco ant interest. The mortgaged propert, will be ordered sold by the marshal t pay the same. but the accounts ant salary of the present receiver. Mcbride. his attorney Barnhill. arc the costs in the case are to be pait first. After the costs of the case. and the mortagage bonds are paid of the receivers certificates are to be taken up and after ali certificates are paid of the general indebtedness. incurred subsequent 10 the last cer. tidcates will be paid from any fund, left. General claims for salaries ano expenses Of r. D. Nowell as receiver not covered by certificates. are to b paid out of any funds left after cer. tifcates are paid and the same applie. 10 claim of T. s. Nowell, Willis E. N owell. Malopy & Cobb and other ] general creditors.
 1 Should the International Trust Go bid on the property at the sale. the bonds and interest will be accepted in payment.