The Daily Alaska empire Newspaper, October 18, 1930, Page 3

NDAY 7:30 NOTE By request Last Times Tonight “LOVE PARADE” 5 ucpg, HOT MAMAS! B® —Soon— HONEY COLISEUM .l0—[ for PARIS THE DAILY ALASKA EMPIRE; SATURDAY, OCT. 18, 1930. MONDAY 9:30 NOTE By request Last Times Tonight “LOVE PARADE” Soon— o DESTINED IMPORANT ALASKA. HONEY All Talking, Laughing, Movietone with . VICTOR McLAGLEN Don’t Forget carrying on bis cock- eyed adventures with FIFl DORSAY and EL BRENDEL ‘Written and directed by to Leave BIRDIE ASH Donations at Box Office RAOUL WALSH, who made *“The Cock Eyed World” INDIAN CLAIMS "MADE BASIS OF == - SUIT BY JONES : !ing was ordered by the Secretary iof Interior. | | Basis of Claim e was_reviewed interes informatively by As: Dixon at the time he decision in Ma, The cas ingly and Secretary final r as the Interior Depart- makes clear that it will not consider o P | ; of ownership based upon the Suit Against Power Com-|common use by the aboriginal Help a Little Donations for BIRDIE ASH Leave at Box Office [streams for hunting and fishing; {that he succeeded to the title after |the death of his uncle, former ; and that he and two other his wife’s nephew and niece, are the sole surviving members of the clan. He further testified that his claim ar after the original hear-|is based on the claim of his uncle| !to the land on each side of the jsome 25 miles long, and that he now claims all the land surround- |{ing the inlet. its invigorating climate and the enhancing mystery of its slumbering past are all convine- ing reasons why it will be the luring place for 4 A IN A VERY SHORT TIME A $100,000 COLD STORAGE' PLANT WILL BE CONSTRUCT- ED IN SITKA. WITH THE SPLENDID CITI- ZENS AND BUSINESS PEOPLE OF THE THRIVING, BEAUTIFUL CITY, SITKA IS TO BE ONE OF THE TOWNS Its IN SOUTHEASTERN MINING, FISHING, FOX FARM- ING AND LUMBERING. SITKA’S BOAST OF HARBOR THAT IS THE BEST KING SAL- MON PRODUCER NOW KNOWN TO FISH- ERMEN AND THE HERRING FURNISHES, BY FAR, THE GREATEST SUPPLY OF BAIT TO THE HALIBUT FLEET. waters and green woods, its health giving air, THE DIME AND DOLLAR BUILDING and LOAN ASSOCIATION OF PORTLAND,, OREGON MOST placid the tired business man, the vacationists and tourists for play and rest. success. With the present shortage of housing and its immediate prospect of increase in population THE DIME AND DOLLAR BUILDING ASSOCIATION hope to be of service to the home builders of SITKA. SAVE WHERE YOUR MONEY GROWS FAST 6 Per Cent Compounded Semi-Annually imenl‘s position is concerned, it inlet from its head to its mouth, | Interest guaranteed for the full term of con- | tract or on fully paid CERTIFICATES:. Under State Supervision H. H. D. A. J. Raymond Wheeler Ford Hunter A. J. NELSON Supervisor Southeast Alaska J. Eberhart Wm. S. Sutton A. Moody C. Mackay 0. Elstad . B. Palmer Juneau ...Petersburg ‘Wrangell Ketchikan Ketchikan Resources Over $3,000,000 Announcement will be made at a later date who will be the REPRESENTATIVE in Sitka. The undersigned herein expresses a déep appreciation to the business people and the entire populace of SITKA for the splendid spirit of co-operation and helpfulness in mak- ing the opening of THE DIME AND DOLLAR BUILDING AND LOAN ASSOCIATION a SOUTHEAST ALASKA REPRESENTATIVES Tauh i | tribes of lands and waters of Alaska | Ts Absinths O S. ved b | s Absen 'wner ! lnlsSlOF\ Negatl % | for hunting and Izshmg. : The only signs of occupancy on i Interior Department | George Johnson, claiming o be|the disputed 480-acre tract is a hereditary chief of the Raven clan,|cabin and anchorage at the head in the original hearing at Ketchi-lof the inlet. Other than the cabin, |kan in 1928 asserted his ownershiD gpout which a small area had ap- iac o Ssa —— : g | 11 the land on the Carroll In-|pay = . for J. Lindley Green, Register of (10 %\ n/8 PHC % BC Sl the {f;‘flf:"I,f'gDhef:er:rfr};ednoc“;;p’;av’z;remy Dixon who held it was a [the Territory might acquire title fhe Land Office, of Anchorage.|p ,.ng gng fishin Uments. The cabin, itselt, is about [PTOREr functlon for the Interiorfo or r‘:fl:szh‘;‘l M A | Pri ime, Jones 1 | “, Rpos to tnat time, donss NAd Doere 1anids and 17 feet by 12 feet, of rough lum- [Department to ‘determine from ber, dfied ‘the Zellerbachs he claimed |y, 0 gnq et lovidence submitted at a hearing| “By the provisions of the Act of fihid g e o ot: and 414"+ whether an inhabitant of Al- (May 17, 1884, the Indians or oth-| HouMS SUBJEGT | B panirsd e aska, or his assignee, is entitled to [er persons in Alaska were not w; land as far baek fo be the owner of 480 acres o E |1t has neither fireplace nor win- (et B e bt 1 (Continuea rom Page One) light the folks at home by the|be given by Miss A. B. Coleman, deft betterment of the family’s The beneficial yelation of the gaf- !gatheflng place of evenings. Talk on G Here's something else. Bésides the address on indoor ‘comfort and adornment, there will be a talk on ] |as it was convenient to get game jand on Falls Creek, the outlet of Door: fhod: parnases ‘Swan Lake, which emptics into Car-| "y "oiq the pasis for this claim zoll Inlet. C. H. Flory, as DISWI| oo tne fact that he is now the Forester, filed a formal protest| .. ..c paven tribe which in times against Jones’ claim gnd the b - had used the lands and ! past ~PALACE~ STARTING TONIGHT TALKING TALKING REPORTER COMEDY GLENN TYRON and MERNA KENNEDY “SKINNER STEPS OUT” With Lloyd Whitlock, Burr McIntosh, E. J. Rateliffe THE DRESS SUIT FIT LIKE WATER : FITS A FISH —and fits of laughter are in store for you: when you see how Skinner pulled a million dollar bluff on thirty-five a week. A LAUGH SHOW FOR THE WHOLE FAMILY * 10—25—50—Loges 75 cents |the possession of land claimed by [ dows. 2 |him or his assignee not by title Johnson admitted he resided at Ketchikan, 40 miles away, and had |lived there since he was a young iman, some 40 or more years; that {he had not lived in the cabin at ‘the anchorage for 25 years; that in 11904 he had, in fact, filed notice of {location on another tract of land at |Gagh Creek, another Carroll Inlet Itributary, by which he claimed fishing privileges; that he had es- | tablished a residence at Gagh Creek, but had mnot resided there ‘}m 20 years. Sold His “Rights” In 1904 Johnson conveyed to one i Bell, by quit claim deed, his claim to ownership of the 480-acre tract covered by Jones’ suit. In 1915, |Jones entered the scene, acquiring | Bell's alleged rights. | Jones now contends that he is the rightful owner and that ‘the Department of Interior, custodian jof the public domain, has no right |to determine ownership, first by reason of the provisions of the ‘treaty of cession from Russia to the | United % States, and, second, by jthe provisions of the Act of Con- |gress of May 17, 1884. From the treaty he cited the following to substzvtiate his con- | tention: | “The inhabitants of the ceded Territory * * *, they, with the ex- ception of the uncivilized native tribes shall be * * * maintained apd protected in the free enjoyment of their liberty, property and re- ligion.” Congress, he asserted, in recog- nition of that provision as to the property of the inhabitants in 1884 by legislation provided: “That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupancy or now claimed by them, but the terms under which such persons may acquire title to such lands is re- served for future legislation by ‘Congress. Department Has Jurisdiction Jones’ contention of lack of juris- |thereto but by reason of use and occupation or claim of right of possession,” adding: “If not used and occupied or possession is not |rightfully claimed, then the land |is a part of the public domain and |subject to the laws enacted for the control, use and disposition there- of.” That the treaty did provide for | protection of Alaska’s inhabitants |in certain rights was conceded, and it was further said it was necessary that the United States government |to maintain this provision. The | Secretary, however, pointed out: “The term ‘their property” reaso ably construed, must have been in- tended to mean such property as |that to which they had title or in |which they held some estate, and not to include those vast areas {which they, in common with other inhabitants, used for hunting and fishing purposes.” | Construction by Congress This view was held by Congress in its enactment of 1884, and other laws extended to Alaska, Asst. Sec- retary Dixon declared, citing mining and homestead enactments in par- iticular by which oitizens of the United States and inhabitanis of T -GUARANTEED . HOT WATER " BOTTLES and FOUNTAIN SYRINGES $1.25 to $2.50 All Colors 118 Seward St. Phone 25 '|GET' SHOP. lands actually in their use or occu- pation or then claimed by them. It is certain that it was not in- tended by such proviso to recognize claims by Indians or other persons | |in Alaska to vast areas of va.canti lands, the only use or occupancy or claiming of which was by virtue of their common use for hunting or fishing purposes. What was re- served to them by the proviso was such tracts of land as were then used or cccupied by them for resi- dence and agricultural purposes, for commercial purposes, for fishing rights and the like. Was Not Owned “It is held that Johnson or his ancestors did not by virtue of the; treaty or by reason of the provision of the Act of May 17, 1884, become entitled to the exclusive possession of the tract claimed by him. “As the land involved is includ- ed in the tract claimed by John-!| son, and it is being held that he‘\ did not by the treaty or by the| Act of May 17, 1884, acquire the ownership or the right to exclusiye possession of the tract, it follows that the grantor of the defendant took nothing by the conveyance of Johnson to him, and for the same réason the conveyance by John- son’s grantee to the defendant (Jones) was ineffective to vest in the defendant the right to exclusive possession.” —_———— Beautiful Christmas Cards from new and’ old Sydney Laurence re-| productions—25 for $6.75. Hand, colored—15 cents each extra. Ohristmas Cards from your own print of landscape, baby, etc.—25 Tor 9475 I copy must pe enlarged Or ré= duced — tlere is a slight extra charge. ‘Your own handwriting reproduc- ed at a siight extra charge. Super- for workmanship. Your time it short. See THE NUG- —adv. —_———————— | The Portrait Studio of Winter and Pond will be open next week.: |contends that he should enter the TOBETTERMENT Improvement in Homes and, Benefits of Gardening to Be Explained | How to Improve the living room| of the home? That's the question. Opinions differ. The ban against | dogs and cats should be lfted, ac- | cording to little children. The piano on which the elder daughter | practices her music lessons ought to be moved into the wood shed, says her grown-up brother. She house by the kitchen door and go noiselessly up the back stairs.to bed on the night every week she wants to hold hands with her boy friend. Mother ought not to be so antago- nistic to the odor of tobaceo smoke in curtains and portieres. Dad de- clares. She insists that his habit (of sprawling himself in an arm chair with his feet hoisted uj the upholstered seat of one of best straight-backs, as he reads the néwspapers and puffs his pipe with never a word to anybody extept to ask for a match occasionally, is a disgrace to a respectable family, and that he should be put outside on the door mat. Fifty Other Ways But these are not the only ways to improve the living room. There dre 50 others, all less controversial 4nd more meritorious in character. They will be explained by Mrs. Lydia Fohn-Hansen, Assistant Di- rector of Home Economics in the Extension Course of the Aldska College of Agriculture and Bchool of Mines, at a meeting Monday evening in the auditorium of the elementary public school bullding. In this world there is nothing perfect. No matter how well ap- pointed a living room may be, nevertheless it is subject to im- provement. Fohn-Hansen 1is qualified anxious to tell every |of gloom and discontent. outdoor diversion. Gardening will be the theme of a discourse. To persons who have never made a garden, the present may not seem to be a propitious time to con- sider such activity. They need en- lightenment. Successful spring eulti- vation necessitates fall plans, not the least essential of which is the acquirement of new seed catalogues for later study. ‘These publica- tions, filled with illustrations of all varieties of flowers and vegetables in colors that challenge the spec- trum glories of the rainbow, can turn into joy and happiness a win- ter that otherwise might be a period The discourse on gardening will at the basement of the lan Ohurch or Phone I o h - COFFEE SHOP BUCKLEY & TUSCHER FORMAL OPEN MONDAY NG Opposite Coliseum Tile;atr,g Watch for our announcements. adv housewife how to surprise and de- | kS diction was overruled by Asst. Sec- | yyypyypmpu IR {