The Ketchikan miner., 1908-01-04
QUESTIONABLE CASE BEFORE
 COURT.

probably be concluded at the term of court now heing held at Juneau has heen in progress in the East, before United States court commissioners. the last one in the ease of NJ. R. Johnson. arrested on q charge of having con spired with otl CTS to detraud the United States government. h this last mentioned hearing. which result ed in the vindieation of the defend ant Johnson, the facts as summ | up by the commissioner are stated to have been as follows:
 Early in the summer of l905 Mr. Johnson, who was then manager for the \. Booth Packing company at Bayfield,. accepted ! position as mama ger. and in chai ge of the business ei the West Coast Commercial company with headquarters at Blind Point. Alaska. Later in the summer the company bought and sent 10 Alaska the America ship "Agenor. under the command Of Captain killman. Simon F. Kildall was in charge of tie fishing operations at the boat under the direction Of Mir Johnson. The "Agenor" anchored at the fish ing grounds at Saginaw bay and there received as its sole and only cargo, dog-salmon which were cleaned, dry saited and stored in bulk in the ships hold
 While fishing operations were in progress :. F. kildall and Captain Killman were placed under arrest by the United States Marshal acting un- der ,he directions of the United States District attorney.
 They were transported to ketchikan where they were given an immediate hearing before the United States cum missioner CD the charge of doing bas- mess in Alaska without license. Upon producing satisfactory evidence of compliance with the law in every respect they were discharged. the officials protesting regret that the ar rest was made.
 The company having previously made arrangements U have the "Agenor" lowed to sea on October l2Jh to start her on her journey to Japan. $. F. kildall and Captain Kill- man proceeded as suou as possible to Juneau 10 obtain clearance papers. Arriving at Juneau October 9. Capt. hillman was refused clearance by the collector. This refusal. the collector explained was made in compliance with request made by the district attorney. not 10 clear the sbip until tax ct ten cents Ter barrel was paid on the dr!->alted Gog-salmou packed in bulk in inc ships hold. According ly 5. F. KiIdail sent telegram stat ing the fact to Mr Joseph hiidali. the president ot the company al Minue- apolis.
 Pursuant 10 this telegram Joseph Kildall wired sufficient money to lay the alleged tax. and then placed the matter before his attorneys. 3ho could find 10 authority for s1cn fax.
 On October l2.h. l93j. his attorney. ex-Gogerpor Lind. n fred the secretary of the treasury, stating the facts.
 The secretary wired that the Re fusal of clearance for the American ship Agenor not authorized by law"
 On the following day Capt. Killman was called 10 the customs house and advised that ;he ship would be cleared without layn5en. of the alleged taH and mi;hou, further delay. he being informed by tne collector of customs that order 10 that effect had been re- ceiyed from Washington.
 On the eveuirg Z o; the same day :. F. Kildap aas agai3 arrested at the instance oi tue Gaited States District Attorney for ro--aarmeut of the tax mentioned. aad MS obiigeI 10 give bail for his appearance n=iore the United States Commissioner on Oct. l4th. 1905, $, which time he was dis charged.
 Owing to the delays caused by these arrests and by the refusal to clear The ship. the Ageaor was delayed in her voyage for a;. u t4o weeks @hen she was finally loved to sea. Captain kili- man sailing ai;h her fur YUsghana Japan.
 :. P. KilGall ther returned to Blind Point, Wrauyell Narrows. Ala>ka. where NJ. r. Johnson. the manager of the company vas stationed. At tbi, place the company had and still has fully equipped pat king plant with l warehouses. wharf. fshir g-trap.. seines. etc. which were worth at tha' | time al ies- :2o.o0o.
 Joseph K dqll also arrived ou tb. ! 29th of Get Der from Seattle witt money to pay of the employees. Thls being done and all operations for the rear having been completed. Joseph K lldall and ;. r. kiIdall returned to Seattle on the steamer Humboldt tbat 'ame day leaving the manager. M. E. Johnson. at Blind Point to look after he interests of the company.
 MT. Johnson remained at Blind