davidaulloa/AmericanStories huggingface dataset:
Hyder weekly herald., 1926-12-13
THE ALASKA MINING LAW
Being extracts from Alaska Mining Law" by Hon. Henry Roden of Juneau Reprinted by courtesy of the Author
 Fifteenth InstaIIrnent.

ion and, if such notice is prop erly posted and the other steps are taken with diligence and in due time, the appropri- ation will date back to the initial step, and the rights of the first claimant, who is hon. estly and diligently proceed ing with the construction of a ditch or other means for car rying of the water to be used for some beneficial purpose, will be protected against the intrusion of another. But if such steps are not promptly taken the second claimant may acquire rights superior to the first. Each case stands on it's own facts, and the question of diligence under a particular set of facts and circumstances is a point to be decided by the court or jury.
 If a miner desires to secure a reasonable supply of water for the working of his claim, he should as early as possible commence to perfect an appro priation of such amount by actually diverting it from the natural channel of the stream and b y actually using it in the development of his claim. He should post a notice of locat- ion and appropriation at the point in the stream where he intends to divert it from it's natural channel. The notice should state the amount of water desired by him, the lo- cation of the point of diver
 ;ion, the place or places where lit is intended to be used and the purpose for which it is to be used. A copy of this notice should be recorded in the of flee of the recorder in whose mining district the water which is to diverted is found and actual work on the con- struction of the means by which the diversion is to be effected should be commenced as soon as possible and at all
Hyder weekly herald., 1926-12-13

In the Commissioners Court; Territory of Alaska; Division Number One. Hyder Precinct.
 IN PROBATE.
 In the matter of the Estate of James Halloran, Deceased.
 Number 2 Probate
 Notice of Hearing on finaI
 Account
 NOTICE IS HEREBY GIVEN that Charles F. Sandford, U. $. Commissioner has rendered and filed in the above entitled court and presents for final settlement his final account of his administration. And that Monday December goth, 1926 at 2 o'clock in the afternoon of said day at the office of the above entitled probate court at Hyder, Alaska, has been fixed and appointed as the time and place for the settlement of said final account. At which time and place all persons in- terested in said estate may ap- pear and file their objections in writing if any they have to said account.
 Dated at Hyder, Alaska, this 4th day of December, 1926.
 Chas. F. Sandford United States Commissioner and Ex-officion Judge of Pro- bate.
 Date of First Publication Dec. 6, 1926.
 Date of Last Publication Dec. 13, 1926.
Hyder weekly herald., 1926-12-13
NOTICE OF FORFEITURE.
To Jerome J. Day

You are hereby notified that the undersigned have expend- ed the sum of Six Hundred Dollars in labor and improve ments on the Ibex Group of lode mining claims, as will ap- pear from Affidavit of Annual Labor filed for record on the End day of July, 1926, in the office of the Recorder fol Hyder Mining District, Terri tory of Alaska; said group consisting of claims known as Ibex No. 1, Ibex No. 2, Ibex No. 8, Ibex No. 4, Ibex No. 5 and Ibex No. 6, and situate on Texas Creek in said Hyder Mining District, Territory of Alaska, the location certifi- cates of which are found on record in Book l of mining locations in said District, at J pages 267, 275, 276, and PIT in the office of said Recorder at Hyder, Alaska; said expendi- lures having been made in or ! der to hold said mining claims under the provisions of Section 2324, U. s. Revised Statutes and other laws of the Unite l States and Territory of Alas ka concerning annual labor upon mining claims and being the amount required to hold said mining claims for the year ending June 30, 1926.
 And you are hereby notified that if within ninety days from the completion of the publication of this notice you fail or refuse to contribute your proportion of such ex- penditurs as co-owner, your interest in said claims will be- , come the property of the sub- scribers hereto, your co-own- CTS. under the provisions of said Section 2324.
 Dated this 18th day of Sep- tember. 1926.
 Jessie K. Jamieson Frank Reichenback Patrick Daly
 Joe. Grashio.
 Publish Sept. 20, 27, Oct. 4, II, IS, 25, Nov. 1, 8, IS, 22, 29, Dec. 6, 13. 20, 1926.
Hyder weekly herald., 1926-12-13

events within a reasonable time. The law does not say what constitutes a reasonable time, but this depends on con ditions as they really exist is connection with the project Financial ability enters quite largely into the situation, and the fact that a prospector or miner may not be financially able to construct his ditch will not be taken as an excuse as against one who is goin
 ahead with his construction, especially where due diligence is not apparent, or where spec- ulative motives in the appro- priation of water may be ap- parent. Work must be contin. 'ued diligently until the ob- ject of the diversion has been accomplished, and the water ig actually put to it's intended useful purpose. The appropri- ator may change the point of intake at any time provided such change does not interfere with the rights acquired by subsequent appropriation; and likewise the place of use may be changed provided such change does not prejudice the rights of subsequent locators and users; but if a change of the point of diversion or change of place of use is such as to interfere with rights ac- quired in the use of such wat CTS by lower claimants subse- quent in point of time to hie original appropriation but pri or in time to his change of di- version or place of use, then such changes cannot be made.
 It must be clear that if a min- CT diverts the waters of 8 stream and uses them in the working of his mining claim as called for in the notice of To- cation and appropriation, and then permits the waters to flow back into their natural channel, the purpose and ob- iect of his appropriation has been accomplished and the used and released waters be- come public property again and may be picked up by an other and used by him as he may desire. Where such has been done, the first appropri- ator has not the right to change the use of his water to such an extent as to pre- vent the second appropriator from using them in his work. He cannot, by a change of 
 the place of use, where such new rights have accrued, take the water entirely or partially to a different place after 6
Hyder weekly herald., 1926-12-13

See our splendid new line of Art Calendars before ordering your supply of Christmas call endars. Also fine line of ad- vertising blotters. Prices as low as outside. The Herald Job Shop.
Hyder weekly herald., 1926-12-13
BOAT SCHEDULES

c. N. R.: Prince Rupert ar- rives, leaves Thursday morn ing.
 Motorship Norco from Se- attle. twice monthly.
 Steamship Border Queen every twenty days from& Se- attle.
 Ketchikan Mail boat Taku II arrives Wednesday morning leaves Wednesday evening.
Hyder weekly herald., 1926-12-13

The first snowfall of the seas- on occurred at Dawson Octob- CT z. It had fallen earlier in the hills, but on that day it crept down into the valleys and town.
Hyder weekly herald., 1926-12-13
BUSINESS DIRECTORY

A quick reference list of [ gressive business firms wh advertise in the Herald what they handle. Assaying-
 John Hovland Automobiles-- Hyder Machine Shop Automobile Supplies- Hyder Machine Shop Hyder Mercantile Go. Banks
 Bank of Hyder Barber Shop Malamute Barber Shop Bakery Goods-- Quick Lunch. Ideal Cafe.
 Hyder Grocery. BlacksHnithing- Hyder Machine Shop. Clothing
 Hyder Mercantile Go. Chinaware Cyockery- Hyder Mercantile Go. Curios-
 Hyder Drug Go. Card Rooms Malamute Cigar Store. Northern Pool Hall. Drugs
 Hyder Drug Go. Dairies-
 Hyder Dairy Electrical Supplies Hyder Mercantile Go. Explosives Salmon River Dock. Go. Fuel
 Hyder Fuel Company Salmon River Dock Go. General Supplies- Hyder Mercantile Go. Groceries
 Hyder Grocery. Hyder Mercantile Go. Green Goods- . Hyder Grocery. Hyder Mercantile Go. Gas Engines Hyder Machine Shop. Hotels-
 Golden Gate Hotel. Alaska Hotel Hardware
 Hyder Mercantile Go. Jewelry-
 Nugget Shop.
 HVder Dru0 Go. Laundry
 Portland Canal Electric Machine Shop Hyder Machine Shop. Meat Markets-
 P. Burns & Go. Notary Public Ernest Bl.:e. Plumbing, SteamfittinC-- Hyder Machine Shop. Printing
 Hyder Herald. Pool Rooms
 Northern Pool Hall Professional
 Ernest Blue, Attorney. Photo. Supplies
 Hyder Drug Go. Restaurants-
 Ideal Cafe
 Quick Lunch
 Silver Grill Smokers Supplies- Malamute Cigar Store. Northern Pool Hall Hyder Drug Co.
 Hyder Mercantile Co. Golden Gate Hotel
Hyder weekly herald., 1926-12-13

A nice ripe red strawberry, not canned either,in October, all ready to pick, was found recently by Mrs. John Feusi, growing on a vine in her yard in Douglas, and so far as known takes the prize as the latest crop of such fruit, at least in Alaska.
 The Norwegian whalers Celi- na, Diomede, Anadyr, Behring and Elcano, with the motor ship Kommandoren, tender for the fleet, left Dutch Harbor re- gently with 11,000 barrels of oil. The vessels took 285 whales during the season off Kamchatka coast.
 To determine the possibilities of growing sugar beets in Alaska for commercial use, the Alaska railroad purchased seed last spring, part of which was given to the government experiment stations at Mata- nuska and Fairbanks. The re- mainder of the seed planted on ground near the govern mert hospital at Anchorage. The crops have been harvested from the three locations and have been shipped to a sugar refinery in Washington to be analysed for sugar contents ad suitability for sugar manu- facture.
Hyder weekly herald., 1926-12-13

For Sale and For Rent Signs at the Herald Office.
Evening star., 1926-05-16

the crown policies. Gradually they
became conscious of these extraordi-
nary conditions. Their list of griev-
ances against their monarch, at first
not considered sufficient to justify
separation from the mother country
to which there was a strong ira
ditional attachment, had grown to
such proportions as to incite a strong
sentiment for independence.
Aside from the attempts at coercion
that had led to the first bloodshed
at Lexington over a year previous,
incidents were continually occurring
that further estranged the once loyal
colonies. The decision to use HesSian
troops in America was deeply re-
sented, and led many to renounce all
loyalty to King George. A plot to
assassinate Gen. Washington and
burn the city of New York, in which
two of the officers on the Colonial
commanders staff were arrested, was
discovered, and said to have been
financed by the English government.
This affair helped strengthen the
party which demanded separation
from king who would back such a
scheme. A widely circulated pamphlet
entitled Common Sense" published
by Thomas Paine. strongly recon-
mended, separation from Great Britain,
and proved very influential in bring
ing matters to crisis.
The desire for independence first
Evening star., 1926-05-16

had now reached deplorable condi-
ton Suit had been brought against
the trustees personally on the bond
for accumulated interest. and Il crisis
seemed imminent. The bishops re-
uuested and authorized Chaplain G.
{. McCabe to raise the money. He
was then engrossed with his arduous
duties as secretary of the Church Ex-
tension Society. but without in the
least diminishing his labors in that
Office, he inaugurated an effort to eX-
tfnguish the debt. He proposed to
Rev. r. y. Baer, DID. then pastor
of the church. that if the congrega-
ton would raise $4,000 lin addition
to the $4,000 secured by DR.. Eewma n
on his lecture tour he and Bishop
Simpson would assume the balance of
the debt
THE proposition was acceded to and
DR.. Baer. assisted by Bishop Andrews.
then resident bishop. secured the re-
quired amount, while Chaplain Me
Cabe. by popular subscriptions in
volving an immense amount of per
sonal labor, secured the sum of
$50. 0.294.27, making in all the sum of
50.294.27, with which the bonded
debt, with it's accrued interest. and
the floating debt were liquidated. and
on the 9th day of January. 1884,
Emancipation day was celebrated.
This closed the long and dishearten-
ing chapter of the burdensome and
crushing debt which had rested upon
the church for 15 years. There were
days and years when the possibility V
of relief seemed hopeless. But in all
Evening star., 1926-05-16

inStrumentalities being the national
committee, of which Mrs. Grant, wife
Of Gen. Grant, was chairman. This
committee sent out an appeal in the
shape of an autograph letter by Mrs.
Grant and secured upward of $4,000.
"Washington Methodism had far
exceeded the utmost limits of eXpecta-
ton in its contributions for the erec-
ton of the church. 1t was never the
intention that this bonded debt should
fall upon the congregation worship
ing here. The enterprise was in its
inception professedly a connectional
enterprise for Methodism at large.
Accordingly, memorial was presented
to the General Conference Of 1872, re.
citing the dedication Of the church. its
successful operation for three years,
and the existence of the bonded debt,
provisions for the payment Of which,
it was claimed, should be made by the
General Conference. This was a
unique memorial, signed by the Presi-
dent of the United States and the
Chief Justice of the United States, In
connection with the other trustees of
the church. The General Conference
of May, 1872, adopted a report which
states: The action Of previous con-
ferences is fully recognized-the Met
ropolitan Church is a correctional en-
terprise. 1t has been erected under
the highest sanction of the church
and for the people of the whole
country
AT a meeting of the bishops fol-
lowing the conference the trustees of
the church were advised to communi-
cate the facts to the general COM
mittee on church extension, which
recommended the board Of church ex-
tension to indorse the bonds OF the
church for S35.000 with deed OF
Evening star., 1926-05-16

ford the best likelihood of being quick
ly conquered. To win the entire col
ony it was only thought necessary 10
capture the town of Charleston. But
the patriots Of the province. knowing
an attack was imminent, rushed to
the defense of their capital city. Upon
an island which cOmnan andS the mOuth
Of the harbor was built IA fortitication
out of earthworks and palmetto trees
that later became known as Fort
Moultrie. in honor of the colonel by
that name no so gallantly defend
ed it.
THE British fleet approached from
the front. at the same time dis
patching large land force. under
Gems. clinton and CORVALLIS. to a
! point from which il was believed the
! American fort could be attacked from
the rear. However. the intervening
water proved unfordable. and the Eng
liSh troops were useless in the battle
that enSued.
The engagement began about II
o'clock in the morning of June 2s.
when the British boats opened
homhariment. The coloniSts respond
ed with telling effect, at the same
time sustaining but few casualties
from the enemv's guns. After while
the artillery of the fort became silent,
and the British. surmisinG correcti!
that the soldiers had run out of am
munition. considered themselves VIC
torious. But means of communlca-
ton was established between the fort
and the mainland by which the pa.
/ triots brought up new suppleS OF
shot and shell and the cannonadinG
began again with renewed fury. 1t
continued until : O'Clock in the eve
ming, when the English. realizing the
furility of their attack. retired.
It was during this battle that Sergt.
Iasper wrote his name in large let
ters among the heroes Of the ReVolu-
ton by reScuing the American flag
which had been cut from its pole by
a cannon ball: attaching the coiorS t.
rammer, jumping to the breast
works while the hombardment was al
its height and replanting the stand
ard
For some time the colonies had been
practicing an Inconsistency that ap-
pears almost ludcrouS in retrospect
They were dispensing justice in the
name of the King of England. praying
in their churches for the we'll being
of that sovereign. and ut the same
time belying their words with actions
Evening star., 1926-05-16

lines and occupied it unknown to the
colonial forces. When the fighting
began several detachments of the pa
|triots found themselves attacked stimuli
taneously from front and rear. and
could consequently do little but mo-
mentarily delay the enemy. Under
such conditions the British had little
difficulty in capturing the American
positions.
The colonial losses of the day in
killed, wounded and taken prisoners
amounted to more than 5000, while
the English lost less than 400. Among
the American casualties were Gems.
sullivan and Sterling, the former
being captured and the latter killed
during the fighting.
The defeat left the Army in a
critical position on Long Island. 1t
was faced with a vastly superior force
in front and in danger of having its
retreat cut off any moment by the
British fleet moving up the East
River. At a council of war on Au-
gust 90 it was decided to evacuate the
position. The decision was carried out
with orderliness and precision, heavy
fog preventing the enemy from know
ing anything of the operation, and a
favorable breeze making it possible for
ships to take the soldiers quickly and
quietly to New York City. 1t Is said
that Washington remained on Long
Island until all of his 5000 men were
aboard the transports.
Evening star., 1926-05-16

s1oO and there were a number of con-
tributions of that sum.
Among the prominent gentlemen
| present were Gen. Grant. Chief Justice
| Chase and Judge Davis of the United
States Supreme Court; Hon. n. G..
| Taylor. Commissioner of Indian
Affairs. Speaker ColfaX, Senators Har-
Ian, Cragin, Trumbull. Cole, Doolittle.
| Howe. Hendricks, Patterson of New
Hampshire, Wilson and Sprague;
Judge Fisher of the District Supreme
Court, Judge PASCAL of Texas. Hon.
D. \. Cooley. Representatives Baum,
Cobb. Van Aernam. Clarke of Kansas.
Benton, Gift, Edwards. Mullins,
Dawes. Judd. Moorehead, Ferry. Eek.
lay. Humphrey, Churchill, Hubbard of
West Virginia. Mckee. Window.
Shanks. Whittemore. Halsey, Shella-
barSer. Koontz. Chilcot, Washburn of
Indiana, Mccormick. Loughridge, Pile.
Moore. Corley, Newcome, Burleigh.
Butler of Tennessee, Ross. Cullom,
Highly, Fields and many others.
I'm the afternoon Rev. W. Morley
Punshon delivered a discourse from
the fourth and fifth verses of the sec
ond chapter of the First Epistle Gen
eral of Peter, ITO whom coming as unto
q living stone. disallowed. indeed, of
a collection was taken up and about
$500 additional was raised. At night
Rev. DIR. Eddy of Chicago announced
as his text the fourth verse of the
second chapter of Paul's Epistle to
the Corinthians. And my speech and
my preaching was not with enticing
words of mems wisdom. hut in dem
onstration of the spirit and of
power Three thousand dollars was
obtained, making nearly $4,000 col
lected throughout the day"
In an account of the church pre-
pared by Andrew s. Duvall and read
by him at the celebration of the
twenty-fifth anniversary of the
church. held November +, 1894, I find
! that on the day of the dedication the
Sunday school was organized. with
David A. Burr as superintende.v and
Miss Cornelia A. Pursell, being then.
as now, principal of the primary de-
partment, George w. Gray it's treas
urer and Mr. Cornelius Burlew, then,
as now. chorister of the school,
x **
THE RAMBLER assumes that a
L good many readers will be infe
ested In the debt problem of this
church, and he will quote Andrew B.
Duvall, thus: "Dr. Newman's first
pastorate continued for three years,
the limit of service then allowed by
the discipline. He filled the full meas.
ure of anticipation. and the pulpit of
Metropolitan Church became known
throughout the land, at once eXer-
cising a mighty influence for right
eousness and making Methodism con-
spicuous When the church was
dedicated there remained a debt of
$75 900, the structure having cost in
the neighborhood of 5000, 900. Twenty
five thousand of this indebtedness was
a floating debt and $4,000 was repre-
sented by bonds secured upon the
church property. The floating in
debtedness was liquidated during DR..
Newman's first pastorate, one Of the
Evening star., 1926-05-16

trust on the property as security,
provided the trustees of the church
would guarantee the punctual pay
ment of interest on the bonds and
that all other Indebtedness OF the
church be removed. The board of
church extension. however declined
to indorse the bonds of the church,
because they were advised they had
no legal authority under their char
ter to indorse any bonds. This was
n grave disappointment at the time
and seriously imperiled the effort to
provide for the debt. The compensa-
ton came, however, six years after
ward, when Chaplain McCabe. the sec
retary of the same boarc. performed
his herculean task. Before their
declination had been communicated,
and with the hope that relief would
rhuS be afforded. Rev. Otis II. Tiffany
d. D., who was then pastor of the
church. assisted by the Rev. DIR. Ives
of Auburn. \. V, obtained a very
large subscription in the church, and
on the lst of January, 1874. the
$50 900 deed of trust was released and
a new deed of trust to secure $4,000
in bonds was executed, and at the
same time the trustees entered into
a personal obligation to pay the in
terest on these bonds.
In 1876 the matter of the debt was
again laid before the General Confer
ence, and the bishops were author
lied to appoint an agent for the
church. In November, 1876. they APP
pointed DIR. Newman. who was then
pastor of the church. DR.. Newman
in the midst of his pastOrate made
an appeal to the church at large and
went out on a lecture tour. and by
this means secured $4,000. The Gen
eral Conference was again appealed to,
and in 1880 it requested the bishops
to adopt measures to secure the pay
ment of the debt. Financial affairs