IUJNESS DIRECTORY
-o-—
A quick reference list of pro
gressive business firms which
advertise in the Herald and
what they handle.
Assaying—
John Hovland
Automobiles—
Hyder Machine Shop
Automobile Supplies—
Hyder Machine Shop
Hyder Mercantile Co.
Banks—
Bank of Hyder
Barber Shop—
Malamute Barber Shop
Bakery Goods—
Quick Lunch.
Ideal Cafe.
Hyder Grocery.
BlacksmithSng—
Hyder Machine Shop.
Clothing—
Hyder Mercantile Co.
Chinaware Crockery—
Hyder Mercantile Co.
Curios—
Hyder Drug Co.
Card Rooms—
Malamute Cigar Store.
Northern Pool Hall.
Drugs—
Hyder Drug Co.
Dairies—
Hyder Dairy
Electrical Supplies—
Hyder Mercantile Co.
Explosives—
Salmon River Dock. Co.
Fuel—
Hyder Fuel Company
Salmon River Dock Co.
General Supplies—
Hyder Mercantile Co.
Groceries—
Hyder Grocery.
Hyder Mercantile Co.
Green Goods—
Hyder Grocery.
Hyder Mercantile Co.
Gas Engines—
Hyder Machine Shop.
Hotels—
Golden Gate Hotel.
Alaska Hotel
Hardware—
Hyder Mercantile Co.
Jewelry—
Nugget Shop.
Hyder Drug Co.
Laundry—
Portland Canal Electric
Machine Shop—
Hyder Machine Shop.
Meat Markets—
P. Burns & Co.
Notary Public—
Ernest Blue.
Plumbing, Steamfitting—
Hyder Machine Shop.
Printing—
Hyder Herald.
Pool Rooms—
Northern Pool Hall
Professional—
Ernest Blue, Attorney.
Photo Supplies—
Hyder Drug Co.
Restaurants—
Ideal Cafe
Quick Lunch
_ f!.
* • Ci U 1 sli
Smokers Supplies—
Malamute Cigar Store.
Northern Pool Hall
Hyder Drug Co.
Hyder Mercantile Co.
Golden Gate Hotel
Stationery—
Hyder Drug Co.
Steamship Agencies—
Salmon River Dock Co.
Steamship Lines—
Northland Ti'ansptn. Co.
Toilet Preparations—
Hyder Drug Co.
Tranfer Companies—
Sam Potts .
Crawford Transfer Co.
Hyder Fuel Co.
T ypewriters—
Hyder Drug Co.
NOTICE OF FORFEITURE.
To Jerome J. Day.
You are hereby lotii'icj th.u
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
2nd day of July, 1926, in the
office of the Recorder for
Hyder Mining District, Terri
tory of Alaska; said group
consisting of claims known as
Ibex No. 1, Ibex No. 2, Ibex
No. 3, 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 1 of mining
locations ih said District, at
pages 267, 275, 276, and 277 in
the office of said Recorder at
Hyder, Alaska; said expendi
tures 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 1
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
penditure as a co-owner, your
interest in said claims will be
come the property of the sub
scribers hereto, your co-own
ers, 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,
11, 18, 25, Nov. 1, 8, 15, 22,
29, Dec. 6, 13, 20, 1926.
Let us figure on your job
printing.—Hyder Job Shop.
For Sale and For Rent Signs
at the Herald Office.
THE ALASKA MINING LAW
Being extracts from “Alaska Mining Law." by Hon. Henry
Roden, of Juneau. Reprinted by courtesy of the Author.
Fourteenth Installment.
WATER RIGHTS
Section 1:339 of the Revised
^.atutes of the United States
provides that:
‘Whenever by priority of pos
session rights to the use of
water for mining, agriculture,
j manufacturing or other pur
poses, have vested and accru
j ed, and the same are recog
■ nized and acknowledged by
: the local customs, laws ' and
' decisions of courts, the possess
i ors and owners of si^ch vest
ed rights shall be maintained
and protected in the same.”
This is generally known as
I the “Water Law” of the
United States.
In 1917, the Territorial Legis
lature passed an act in an ef
fort to somewhat provide for
the appropriation of rights to
the use of water flowing
through mining claims. The
act is as follows:
“Section 1. That the locator
of any 'mining claim in the
Territory of Alaska who shall
include within the boundaries
of such claim both banks of;
any river, creek or stream,
shall be entitled as against
ail subsequent locators of the
waters of such stream, to the
use of all of the waters of;
said stream for mining pur
poses or as much thereof as
are necessary for his use in
mining said claim.
‘Provided: That any person
locating the waters of said;
stream at any point above said ;
mining claim and subsequent j
to the date of his location, may :
divert all or any part of the I
EOAT SCHEDULES
C. N. R.: Prince Rupert ai
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.
SSXBf
THE HERA
JOB PRINTING
DEPARTMENT
BUSINESS STATIONERY
CARDS, LETTER HEADS, BILL HEAD^,
STATEMENTS, ENVELOPES, INVOICES,
SHIPPING TAGS, SPECIAL BLANKS,
TICKETS, ETC.
SOCIAL STATIONERY
INVITATIONS, ANNOUNCEMENTS, PRO
GRAMS, CARDS, M EMUS, ETC.
POSTERS, HAND BILLS
CIRCULARS, PAMPHLETS, FOLDERS,
PLACARDS, ETC.
SATISFACTION GUARANTEED
ESTIMATES CHEERFULLY FURNISHED
| waters of said stream, but
whenever the locator of the
.lining claim shall make de
| mand therefor, such subse
quent locator must turn back
into the natural channel as
much of the waters of the
waters of the stream as may
be necssary for the use of the
claim owner in mining his
| raid claim.”
The Legislature unwittingly
j enacted a provision which, ii
it were possible of being car
| ried out to its logical conse
; qucnees would set aside the
| Federal enactment and would
nullify many an important
! judicial decision rendered in
cares where the right to the
use of certain waters was in
volved. The Territorial pro
vision would make applicable
to the Territory, what our
courts have heretofore said,
never has applied, and in the
nature of things cannot apply
to our conditions nor to the
conditions existing in any of
the Western States and Terri
tories. The Territorial act at
least partially inaugurates
what is ordinarily termed the
“doctrine of riparian rights”
under which the owner of the
soil has the natural right to
the use of the water which
flows over his land, without
diminution or alteration. He
ba3 no property right in the
water. He may use it as it
flows over his land and as an
incident to such use he can
not unreasonably detain or
pollute it and he must return
it to its natural channel ao
it leaves his land. This doctrine
is in conflict with the spirit of
the Federal Water Law and
our courts have repeatedly
held it is not suitable to con
ditions as they exist in Alaska.
Under the Territorial water
law, any locator of a mining
In the Commissioner’s Court;
Territory of Alaska. Division
Number One; Hyder Precinct.
In Probate.
In the matter of the Estate of
John Ferguson, Deceased.
Number 2G Probate
Notice of hearing on Petition
| for Appointment of Adminis
; trator.
NOTICE IS HEREBY GIVEN
I that T. H. Evans, of Hyder,
j Alaska, has filed in the above
: entitled court, a petition pray
| ing for his appointment as ad
ministrator of the aforesaid
! estate, and that at the hour of
j 2 o’clock in the afternoon of
i Wednesday, December 29th.
1926, at the United States
i Commissioner s ^office, at* My
| der, Alaska, will be held the
j hearing on said petition, when
and where all persons may
| have the opportunity to be
heard in connection therewith.
Dated at Hyder, Alaska, this
26th day of November, 1926.
Chas. F. Sandford
United States Commissioner
and ex-officio Judge of Pro
bate.
Pubish Nov. 29, Dec. 6, 13. 20,
1926.
See our splendid new line of
Art Calendars before ordering
your supply of Christmas cal-1
endars. Also a fine line of ad
vertising blotters. Prices as low
at outside. The Herald Job
Shop.
claim, whose location takes ir.
"both banks of any river,
creek or stream,” is entitled tc
all the water flowing in th
3tream or so much thereof a
he may need for “mining pur
poses.” The locator of such *
claim may claim and cnjo„
the use of such water at any
time and even after subst
quent locators have diverted
the water and used it else
where whenever the first lo
cator “shall make demand
therefor.”
To say the least, the Terri
torial water law is unsatis
factory and will be the source
of future litigation. Up to the
present, as far as we are in
formed, its ' provisions have
not been questioned in any
court in the Territory. We
have been unable to find any
similar provisions in any of the
mining States or Territories
and therefore have no precetf
nts to fall back upon. To us it
seems that the law is in violat
ion of the spirit of Section
2339, of the Revised Statutes
of the United States, unreas- i
onable and unjust and wholly
inapplicable to conditions as
they exist in the Territory. In
passing, it may be said that it
is at least doubtful whether I
or not the Territorial Lcgis j
lature has power to enact any '
lav/ covering the right to use !
of water upon the main public !
j domain. The courts of the Ter
i ritory and also the United
j States Circuit Courts of Ap
oenls for our circuit, have a
i number of times decided upor
■ questions involving the right to
the use and appropriation of
water used or intended to be
used for mining purposes and
i since these decisions are well
| founded in reason and justice
| and take into consideration
I conditions as they are found
in mining countries, it would
seem that little, if any legis
lative enactment, is required
to further encumber the sub
ject. We shall hereafter in
this chapter deal with the law
concerning water rights as
dealt with by the Federal and
State courts, including the
courts of the Territory of Alas
ka, and in the light of these
decisions attempt to explain
the Territorial provisions, if
such is possible.
The general principle upon
which contests between two
mining locators are decided is
In She Comirshsioner’s Court;
Territory of Alaska; Division
Number One; Hyder Precinct.
In Probate.
In the matter of the Estate of
Sam Wall, Deceased
Number 25 Probate
Notice of hearing on Petition
for Appointment of Adminis
trator.
NOTICE IS HEREBY GIVEN
that E. M. Reynolds, of Hyder,
Aiasic'a, has fiieti in ihfe'abov/
entitled court, a petition pray
ing for his appointment as ad
ministrator of the aforesaid
estate, and that at the hour of
2 o’clock in the afternoon of 1
Wednesday December 29ih, i
1926, at the United States j
Commissioner’s office, at Hy-!
der, Alaska, will be held the
hearing on said petition, when j
and where all persons rnay
have the opportunity to be
heard in connection therewith.
Dated at Hyder, Alaska, this
26th, day of November, 1026.
Chas. F. Sandford
United States Commissioner
and ex-officio Judge of Pro
bate.
Publish Nov. 29, Dec 6, 13
20, 1926
“first in time first in light.
He who first makes a valid
lining location is the lawful
>wner thereof. The same rule
~lie3 to the appropriation of
or Ho who fir t nut-, the
water to a useful and benefia
al use is prior in right and
will prevail in a contest.
It is undoubtededly true that
he who locates a mining claim
non the public domain and
! hsre finds unappropriated
! waters belonging to' the gov
| eminent of the United States
! ba3 a right to use this water
or the purpose of working
1 his mining claim, the same as
; he has a right to use the tim
| her standing upon his location
for the development of his *
i claim. It has been said that the
location of a mining claim,
necessarily includes an appro
bation of the w&ters which
naturally run through the
laim. This statement is, how
ever, incorrect. It goe3 with
out saying that if water has,
>een appropriated prior to the
’oration of a mining claim,
ueh water, for all practical
purposes has become the pri
vate property of the appr.pri
ntor and remains his property
is long as he puts it to a bene
‘icia! use. The question with
which we are to deni, how
:ver, at the present concerns
he acquistion of the right to
~e unappropriated water
'"wing tlvough or over a min
ng location The belief is gen
-”*i- as we have he etofore
fated, that the location of a
mining claim by and of j ~ T
nbo constitutes an appr^priat
’'on of the water flrw’ng 1hru
it. This imore^sion is err mo
ous. Under the law as ex
oounded by our courts and
the courts in all the Mining
Hates and Territories as well
as the Supreme Court o* the
United States, the wate,m of v.
natural stream are con iderrd
as entirely separate and dis
tinct from the land.s through
which they flow, an i the
rights to the use of such wat
ers only comes th,,ou'Th an
express appropriation thereof,
and what is ordinarily meant
by “constructive appropriat
ion,” which means an appro
Continued on Page 4.
In the Commissioner’* f*ovrt{
Territory of Alaska; DVi 'on
Number One. Hvder 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 GTVEN
that Charles F. Sandford U. is.
Commissioner has rendered
and filed in the above entitled
court and presents for final
settlement his final account of
lii ’ administration. And that
Monday December 20th. 1D26
£-o'clock in the 'atternoor.
of said day at the office of the
above entitled prebate court at
Hyder, Alaska, has been fixed
and appointed as the time and
place for the settlement of
said final account. At whicn
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. 1920.
Chas. F. Sandford
United States Commbsione:
and Ex-officion Judge of Pro
bate.
Date of First Publication
Dec. 6, 1926.
Date of Last Publication
Dec. 13, 1926.