The Seward gateway., 1915-10-27

The attorneys for the respective parties in the townsite case rested this morning, and Judge Brown de- clared a recess until 2 p. m., when the argument of counsel will be heard.
 The case opened this morning by the introduction of a typographical map compiled in 1902, showing a complete survey of the head of Resurrection Bay from Point Lowell on the West to Fourth of July creek on the East. This map was produced by Mr. Edes, chairman of the railroad commission, at the request of Judge Brown.
 Mir. West named attorney l.. l.. James, Jr., as attorney of record for the plaintiff, within the jurisdiction of the Court, on whom process could be served.
 Judge COnrOy, U. S. Commissioner and Recorder, was called by the de- fendants, and testified from the records that a deed was given by Frank l.. Ballaine to the Alaska Gen. tral Railroad Company on the 9th day of May, 1905 to two right of ways through the townsite, each right of way being twenty feet wide. A second deed on record was from Frank L. Ballaine and wife to the Alaska Central Railway Co. for seven and seven-tenths acres of land in Block 1, being the water front south of Railroad avenue. A covenant warranty was included in this deed, and read by Judge Conroy. A third deed from Frank L. Ballaine and wife to the Alaska Central Ky. Co. was testified to by Conroy, and shows that Ballaine deeded lots 16, IT, IS, 19, and 20 on which the office building is situated, to the A. c. Ky. Go. A covenant of warranty accompanied this deed. Conroy next testified to a lease of record from F. L. Ballaine to the A c. Ky. dated May 6, 1905 for a right of way twenty feet wide, with provision that the same must be used by May, 1915, through U. s. Government Survey 726 South, being part of the Ballaine townsite. MT. Ray then referred Judge Conroy to a mortgage of record from A. C. By to the Central Trust Company, of Illinois dated March 1st, 1903, and read into the record the extent of said mortgage; which included, amongst numerous other assets, the right Of way and railroad property. Another mortgage was testified to by Judge Conroy, from the A. c. By. to the Washington Trust and Guaranty Co., as security for the second bond is- sue. No doubt, this testimony was given to show that the A. c. Ky acknowledged title in Ballaine at the time to the townsite.
 W. H. Whittlesey, assistant district attorney, was called by the defense He testified that he came to Seward as station man for the A. c. Ry 1T July, 1902, and related in a very m teresting manner the early history of the surveys and locations, and the stalking of placer claims and com mercial sites all around the bay. He produced the first tape that started the A. c. Ky. Stated that townsit' was claimed by the Lowells, and were treated as such. The locations o1 placer claims was for the purpose O. protection, together with the termina tract, for the railroad. Mir. Whittle sey took lease and option from Mrs Lowell for ten years, which he sen to Dickenson. All placer and othe locations were assigned to Mir. Dick ensen. Terms of option and leas were $50 per year, and purchas price, S2,000, reserving to Mrs. Lowel ten acres. In October, 1902 Nh Whittlesey severed his connection with the A. c. Ky, and went to Val deg for the Valdez and Yukon Rail
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