Iditarod pioneer., 1914-10-03

 0VER CATTLE {

James NJ Clark arrived in the city on Thursday last with drove of twenty-sevcn 1 cattle from Ophir, whither he went some ! two months ago with the purpose of taking | charge Of them They are the remnants of :! herd of forty with which A. L. Wigle and William Waechter left Skagway early this spring for the purpose of finding market fer them in Interior Alaska.
 The expedition met with misfortune from the outset. it Skagway a dispute tooI, place between the principals as to the mode If transporting them. Wig'e has been ad- Viscd that the best way to get the cattle into Iditarod was by way of Seward and over the trail to this place and consider able delay was caused while Mr. Waechter convinced him that such a plan was not 1 feasible, The cattle were then brought to 1 the Yukon and down that stream to Ruby, whore Mr Wigci was taken i'll and taken to Fort Gibbon by his wife who had ac- companed the expedition and where he | died. Mrs Wicle accompanied the remains ] Outside. Before leaving for tke Outside , Mrs. Wiele appointed James N. Clark to take charge of the cattle in her behalf, and l for that purpose Clark proceeded from Ruby to Iditarod and thence over the trail to | Ophir, where he intercepted the cattle and i ccok ckarge of them as special administrator of the estate of Wigel under appointment from Commissioner Vinal of Orhir
 Yesterday in Commissioner Albrecht's court William Waechter fled petition to be appointed administrator of the estate of 4, l.. Wigia, and praying that a restraining order be issued to prevent Clark from dis posing of the cattle. The petition is as fol- lows:
 That cn or about the 4th day cf May 1 1914, the above named A. L. Wigle, now deceased, entered into a contract with one i " II. Boyd end your petitioner whereby they became mutually engaged in selling and ! ,jiap0siug If forty head of cattle in Alaska
 "Ihat in accordance with said contract, the said A. L. Wigla accompanied peti
 tioner, together with the shipment of cat -le, as far as Ruby, Alaska, at which place the said Wigle took sick and decided to re- turn home to Portland Ore. That he there upon started from Ruby, but upon reaching Fort Gibbon, Alaska, the said Wigle died.
 That thereafter, and acting in pursuance of said contract, your petitioner caused the said cattle to be driven toward Ophir cn route to Iditarod but that before arriving at Ophir enc James Fl. Clark. p,Tportng 10 be acting for and on behalf of said 1 WieIa and Boyd, and without any good and legiimata reason therefor, forcibiy took said cattle away from your petitioner, and rack- Iessly drove said cattle to Ophir, without any regard 10 their then present or future condition CT future market value and forc- bIy exercised control and possession of said cattle, and disposed of several of said castla at 'phr, Alaska, and now retains twenty seven head of said cattle together with two horses, ia his possession within Otter pre- cinct, and within the jurisdiction of thl: court.
 That your petitioner has been engaged in the business Of raising and sl Hing cattle for urward of forty-e; ,ht years, and + eX- per!tlccd ii such matters, and therefore al Iagcs that by reason of such action cn the part of said Clark the said caUt,a have Ge- oreci~lcG in value and require >pcc!I a-ssn- ton to render them fit for market, but Jha, through the treatment of said Clark they are constantly depreciating in vs.Ge.
 That there is no ether or fur her c-.a:a within this precinct belonging to said A. L. #iglo deceased, and that no relatives of saii deceased are residents of this rrecnct.
 That your petitioner has a special prop erty interest in said cattla, to wit, 40 per cent of the net profits from the sale of said cattle and that your petitioner is a fiji and proper person to have charge and cen 1 trcl of said cattle, both for the preservation of lis own interests therein as well as for tie best interests of said estate of A. L. l Wigio deceased, and the other party to the contract
 That the reasonable value of said cattle | and outfit in which sajd estate is Interested and now within this precinct is S7000 and 1 that the value of the interest of said estate therein approximately one half thereof, to wit, S3500 That the said property re Guires immediate skiIIful attention to pre- serve the same for reasonaba market value. l "Whereforc your petitioner prays that he l be appointed administrator of the said estate of 4. L. Wigle, deceased consisting of said cattle and outfit, within this precinct, and that the said Clark be restrained from further disposing of said property until the | further order of this court
 Commissioner Albrecht has issued the re { stra;ning order prayed fer and cited ]. M. Clark to appear before him at 10 o'clock this morning to show cause why the peti- ticn of William Waechter should not be granted.
 Charles E. Taylor is attorney for the peti tiOner.