THE SEWARD POLARIS
Peninsula-Chain News
Dedicated to the Building
of the “Kenai Empire”
Independent
United Press Service
Published Semi-weekly
by .
H. W. and N. M. Hunt
Strwartl, Alaska
Subscription Kate $8.00 per year
The Editorial in the Anchorage
Times for March 8th is out of
step with the rights of the voting
public and throws atension on
the act of voting in Alaska.
In 1048, in Seward, an ordinance
was passed * No. 151 > which made
it obligatory for voters to regis
ter 30 days before any election
was held. That ordinance has not
be n recindcd unless by ord. .180.
The City of Anchorage had a
similar ordinance, but, as in Sew
ard. it was much more easy to
use a "Blank A" as they were
called in Oregon up to the time
some years ago when they were
abolished.
'Blank A s" allowed a man who
was far distant from his polling
place to swear that he was a res
dent bul It also had to be sup
. ported by three taxpayers who
knew him.
Not even this substantiation
was used in Anchorage nor was
it used in Sewartf that we ever
-v
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1048.)
heard of.
Seward’s position is similar to
Anchorage’s in respect to voting
for the past year, with the excep
tion that Anchorage knows by
actual count (653) the number of
sworn-in votes. These ballot box
es here could be canvassed and
the votes counted.
Should such a maneuver be de
cided upon it would1 affect every
man in civic office who went into
office last year and this would al
so include the entire Utility
Board.
If the Times chooses to over
supposedly established custom
look an Ordinance in favor of a
and makes various excuses for
men who held office under that
plan, is there any reason to be
lieve that Seward should do the
same?
By the letter of the law it is
right that a man should register
before he voted by a matter of
30 days. This was in an ordi
nance in effect before the elec
tions were held in either Seward
or Anchorage. In the interests of
Good Government, instead of
forcing a right-minded group of
citizens to go to court at great
expense, the Times should have
made the point Editorially and
brought out the fact that these
men held their offices wrongly.
Even these men should have seen
that.
Anyone nugnt asK wny me r,cn
tor of the Polaris dioVi’t do the
same thing.
Our only answer is that we did
n't think of it. which comes of a
disease we all have called “Too
much confidence in Public Offi
cials".
•
T ran script
(On Friday, March 5, 1948. the
following further proceedings
were had:
COURT: Two weeks ago in cause
No.A—4826, James H. Woodruff
vs. the City of Seward, decision
was given as to the merits of the
case and reasons were stated for
the d -cision. At the end of the
i . j
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THE YELLOW CAB THAT IS PARKED j
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V hen you go by steamer, you can relax in the luxuri
ous comfort of staterooms, lounges and decks . . . eit
back and enjoy the scenery as you sail.
•
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The Alaska Line Is famed for the Rx<- -H e of its
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Your berth, too! I
Gs*i:ngs Are Frequr-M
,SS ALEUTIAN MAR. 25
y^Yall t Valdez. Cordova. Jun iu, Wrat mil, Ketchikan
cnrout to Seattle.
SS BANANOF MAR. 1943
Calls Juneau, Petersburg, Ketchikan, cnrout Seattle
Calls at Petersburg to and from Seattle*.
SS DENALI Southbound Dae in Seward March 15th.
Calls Scldovia, Kodiak, re tuni ng to Seward South
bound March l v Calls V aln'ez, Cordova, Yakutat,
Juneau, Wrangell, Ketchi kan, and S:attle.
y BliBSKB STIHB1SHIP COmPHna J
oral statement th n made inquiry
was propounded by counsel for
the plaintiff as to the disposition
of the Court in connection with
costs. According to the written
transcript which has been prepar
ed by the court reporter, I said:
“I think the City is entitled to
costs and attorney’s fees, even
though all the relief asked for
has not been granted. The costs
may be taxed as a matter of course
and the Court will later fix
attorney's fees.
That was directly contrary to
what I intended to say, because
since the plaintiff recovers a part
of his d mand, under normal cir
cumstances the plaintiff would be
entitled to costs and I know I
then had in mind that the plain
tiff should have costs and attor
| ney’s fees.
Subsequent reflection has shown
that some of the witnesses sub
poenaed. testified in support of one
feature of the case as to which the
* (defendant City prevailed and not
'the plaintiff, and it may be that
1 some witnesses on that feature
the defendant brought to court
of the case in which the City pre
! vailed. This is a case of equitable
'cognizance and we all know the
barrier between actions in law and
suits in equity no longer exists
under our code.
i
1 will hear from counsel before
| pronouncing further judgment if
they care to bo- heard.
MR. NESBETT: I think we went
into it fairly thoroughly in your
chambers yesterday. Your Honor.
COURT: Counsel discussed it
fairly thoroughly in chambers
yesterday, and unless they now
wish to be heard 1 shall proceed
to judgment on this feature
of the case.
The defendant may recover
costs, and by costs I includedis
bursements such as witnesses fees,
for all witnesses brought to the
trial who testified on that feature
of the case which involved* the
validity as a whole of the ordin
ance having beenchallenged by
the plaintiff because it was said
that the rules governing the pro
cedure of the Seward common
council were not obeyed. The
plaintiff may not recover costs,
of course, on that feature of the
case because his suit in that
respect failed.
As to the other feature of the
case involving a challenge to the
validity of the issuance of general
obligation bonds for revenue
bonds, th re the plaintiff may
have ertsts as to witness fees and
the n'efendant must pay such
costs. The plaintiff may also re
cover his disbursements for fees
, or costs paid to the clerk and
for sevvice of summons.
As to attorney's fees. I believe
under the circumstances th-> min
ium attorney’s fees is all that is
r.FG.'i. .-wrEFTrvF.sfr.vT
IN THE PROBATE COURT FOR
SEWARD PRECINCT
THIRD DIVISION ALASKA
In the Matter of the Estate'
of V
ABRAHAM NOOVUK'
Deceased'
"Probate No. 490
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN:
T<> th c*ve(Titovs - :> ’ all pet
i-ivipg elamts nnninst the Estate
<■' APR ATI ANT NOOVUK. ri-ceas
t d. to ft! ' their c’ain's rroperlv
ifit d, witl nths after
ihli it ion of 11 NO
TICE. in the oUTo of Pie Pro
ha t < fudge • j -arc. Precinct
: S d \1 sk ' or 't< xhibit
the same, with the necessary
t-o"tohers. to the underpinned Ad
nvnbtn’tor at the office of Mr.
R. E. Baumgartner, attorney for
h ' undersign d. which office has
been s d cted ns the place for
transacting all matters in connec
tion with said Estate.
Dated' at Seward, Alaska this
251 h day of February 1948
CHAS. ADKINS
Administrator
' Sat.. Fob. 28-Mar. 6, 13. 20,-’48
4
justified for the plaintiff cbeause
at least a large part of the case
involved a feature as to which
the plaintiff did not prevail, and,
therefore, the attorney’s fee in
this case to be taxed in favor of;
the plaintiff and against the de- \
fenr/ant is fixed at the sum of
$200.00.
m - ■ --——
SEWARD ARRIVALS ON
SS DENALI
■X
Mrs. M. Barrett, Mrs. L. E. Bol
ton, Bolton infant, It. P .Ecklund,
Frank W. Fay, Mrs. Fay, Lyle
Hays, Mrs. It. Hildebrnad, F. E.
Heinley, Richard Hera*, Mrs. Re
nta Huffman, Mrs J. M. Laisure,
Mn'i. Longwill, Homer Massey,
Kirs. Massey, Gus Nordgren, Vic
tor Onstad, F. Pendola, Red Pep.
per, Tom Pericich, R. W. Rapsch,
Bert C. Roe, Mrs. Ronnie Rosa,
C. A. Roust, Mrs. Roust, Tom
mie Roust, Earl Sawyer, Mrs.
Joseph Sells, Morrie Singer, R.
[Spiry. Leon Urbach, Mrs. Urbach,
E. Venuto. Mrs. Merle Young, J.
A. Ziench.
R. Allen. N. Ark, W. Bell, L.
Burns, .1 .Carey, O. Chappell, R.
Coutner, R. Disney, G. Fairbanks,
R. Filter, E. Gidloff, C. Jacobson,
F. Jones, Jas. Kidon, Don Kinnes.
C. Koser. J Kozina, G. Mahoney.
J. McLean, J. Nadon. C. Nelson,
H. O’Sullivan, W. Sertich, C. Pi
Ion. M Pointer, J. A. Putzell. J.
Raika. M. Ranns, C. E. Rayay,
L Rogers, A. Rosner, V. F. Schult,
Wm R. Taylor.
Ketchikan to S .ward
Earl Stevens. Mrs. Stevents.
Juneau to Seward
Margaret Fish. Virgil Heath,
Mrs. Heath, Richarn* Heath. Linda
Heath. Louis Kann, James Mc
Andrews, A .J. Petraborg, John
Putnam, Carl Snelling, Peter R.
Strong. Miss Yucola Younger.
f* ---
A few years ago, movie houses
had no trouble packing them in.
Today, it seems to be a different
story. As an adtfed special attrac
tion to lure customers, one first
run theatre in the downtown sec
tion offered free corn beef sand
wiches. Never beard of that even
iitt the depression days.
MR. AND MRS. WM. BAKER
HAVE SON
5*
Ex- Mayor and Mrs. Wm. “Bill"
Baker are the parents of a •
lb. boy born March 1st. Their
home is near Grant’s Pass, Ore
gon.
#
SEWARD REGISTERED
NURSES TO MEET
The Seward Registered Nurses'
Associatio will meet Tuesday,
March 16, at the home of Mrs. F.
C. Howard for their regular Mar.
meeting.
ip
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SEWARD
Cabinet & Boat
Shop
IXK ATEI) OX RAILROAD AYE.
(formerly in Old l*.SO. Rldpr.)
MAIN 7
Now is the time to have the
Cabinet work you have promised
your self, put in. Call us.
row jolt PFINTINC, TIIF. l»oj. vos
,
r 3
rrank » .
Candidate for
TERRITORIAL HIGHWAY ENGINEER
Frank \. Mtcalf of Junaau who is seeking the Demo
.. . if nominal ion of Territorial Highway Engineer has
I>ffn a resident, of the Territory continuously since 1913.
H<‘ hole > a Master's Degree in Civil Engineering and
i i. anse No. 1 of the Territory registered engineers.
Upon coming to Alaska he worked for the Bradley
inter -is until ti e First World War when ho was com
missioned in the 201h Engineers In the summer of 1919
Mr. Metcalf wont into business for himself following
Gcir'isi En. in -oring and making min ral and* non*
mineral patent survrvs. Ho served four times as City
Fe nr or ef Juneau. At the outbreak of World War II
was. apooiute-l D;rector of Civilian Defense and Sec
retary Local Draft Board. In 1942 Mr. Metcalf joined
the engineerin : staff of Siems-Drake and had charge of
the dredging of Sitka's harbor. In 194.1 he went to Adak
as Chief of Party. In tlie fall of 1947 lie was appointee?
to fill out the term of the late Leonard Smith as Terri
torial Highway Engineer, the office he now seeks. Few
men in the Territory are better equipped by education,
experience and professional ability to handle the work *
of Territorial Highway Engineer and Superintendent of
Public Works. PD ADV.