The Seward gateway., 1915-10-21
TELLS OF SALE
 SEWARD LOTS
PLAINTIFF SIDE OF TOWNSHIP
 CASE BEING HEARD TODAY.

ed thlS morning DelOfe Ine hOl' rreu NJ. Brown, Judge.
 Mir. Haight, counsel for defend ants moved to strike out all the tes> timony of Mir. Roland given yester- day in explanation of the long delay in bringing action against the Bal- laines. Motion denied by the Court, and exception taken by counsel.
 Counsel for the defendants moved that the complaints of Shedd and Thompson, intervenors, be stricken out, on the ground that Judge Green, counsel for said intewenors, stated yesterday in open court that the com plainants in intervention had no more interest in the case. Mir. T. c. West was substituted as attorney for the complainants in intervention yester- day on motion of Judge Green. The motion of counsel for the defendants was denied. Mir. Haight noting an exception.
 Mir. Haight then moved that the complaints in intervention be cOnsOli- dated. Motion denied by the Court, and exception taken by the defend ants.
 Judge Brown stated to the attor- neys that his rulings in this case were not to be final at this time, but that he would allow the attorneys to again bring their objections to the attention of the Court at a later period of the trial, when the Court would be more conversant with the facts, and final ruling be made.
 Counsel for the defnese moved to strike out a certain portion of the complaint on the ground that the in- terest of the plaintiff was antagon- istic to that of the intervenors in the action, that the intervenors were creditors of the Alaska Central Rail road, whereas plaintiff was bondhold- CTS of the Alaska Northern Railroad. Mir. Haight stated that the two in- terests were adversary, and incorpor- ated in his motion that MT. West, as counsel for plaintiff, be denied the right to represent the intervenors.
 These motions disposed of the Court continued with the hearing of the case. Mir. West introduced in evidence the Articles of Incorporation of the Alaska Central Railroad, of the Tanana Construction Company, and of the Panama Railway Construc- tion Company, all certified to by the Secretary of State of Washington.
 Counsel for plaintiff read the depo- sition of Mark P. Branchfeld, from which it appears that Mir. Branchfeld was chief clerk and book-keeper of the railroad in 1908. He was also agent for the sale of lots, and says he sold about twenty-five or thirty lots for the railroad. Sold lots to Hawkins, Brown, Woods and Daggett and many others. His authorization to sell lots was given by John E. Bal laine. A committee composed of Col. Swanitz, Dowdle and J. E. Ballaine fixed the price of the lots. Branch field claims about $1,0OO is still due him as commissions for the sales he made. He stated that John E. Bal laine promised him lot, which he never received.
 The deposition of L. D. Voak was next read by Mir. West. According to the testimony of MT. Voak, he was engaged in the business of the sale of the stock of the Alaska Central Railroad in 1902 and 8 for which he received a commission of 25 per cent. He states that John E. BaIlaine fixed the price of stock and further led him to believe that the Alaska Gen. tral Railroad owned the townsite at Seward, and that John E. Ballaine gave him circulars to assist in the sale of the stock.
 The deposition of Charles B. Shedd was next read, from which it appears