BUSINESS DIRECTORY
-o
A quick reference iist of pro
gressive business firms which
advertise in the Herald and
what they handle.
Assaying—
John Hovland
Automobiles—
Hyder Machine Shop
Automobile Supplier—
Hyder Machine Shop
Hyder Mercantile Co.
Banka—
Bank of Hyder
Barber Shop—
Malamute Barber Shop
Bakery Goods—
Quick Lunch.
Ideal Cafe.
Hyder Grocery.
Blacksraithdng—
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 Bl’-e.
Plumbing, Stearafittmc—
Hyder Machine Shop.
Printing—
Hyder Herald.
Pool Rooms—
Northern Pool Hall
Professional—
Ernest Blue. Attorney.
Photo Supplies—
Hyder Drug Co.
Restaurants—
Tdeal Cafe
Quirk Lunch
Silver Grill
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 Transptn. Cq.
Toilet Preparations—
Hyder Drug Co.
Tranfer Companies—
Sam Potts
Crawford Transfer Co.
Hyder Fuel Co.
Typewriters—
Hyder Drug Co.
NOTICE OF FORFEITURE.
To Jerome J. Day:
You are hereby lotificd 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
2nd day of July, 1926, in the j
office of the Recorder foi j
Hyder Mining District, Terri-;
tory of Alaska; said group
consisting of claims known as j
Ibex No. 1, Ibex No. 2, Ibex j
No. 3, Ibex No. 4, Ibex No. 5 i
and Ibex No. 6, and situate;
on Texas Creek in said Hyder j
Mining District, Territory of'
Alaska, the location certifi
cates of which are found on
record in Book 1 of mining
locations in said District, at
pages 267, 275, 276, and 277 in
the office of said Recorder at
Hyder, Alaska; said expendi- j
tures having been made in or-1
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
j 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
i 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
uoden, of Juneau. Reprinted by courtesy of the Author.
Fifteenth Installment.
Water Rights (continued)
It is entirely clear that under
the decisions of the United
States Circuit Court of Ap- j
,)eals for our Circuit, a locator j
of a mining claim in Alaska ac
quires by virtue of his locat
ion no rights to the use of the
waters of a stream flowing
thru o rever his claim. Such a
locator has the right to appro
priate as much of the waters of
the stream as is needed for the
working of the claim, provid
ed no prior appropriation of
the same water has been
made. Nobody acquires the
right to the use of the water
until an actual appropriation
thereof has been made. Such
in appropriation as we have
seen, is not made until there
has been an actual application
of the water claimed to some
beneficial purpose or useful
industry. All rights claimed
orior to such actual use, at
whatever step, amount simply
to a claim for appropriation,
and to constitute a valid ap
priation of water, three ele
ments must exist: First, an in
tent to apply the water to
some beneficial use; Second, a
diversion from the natural
channel by means of a ditch,
flume or other structure, and;
Third, a use of it for some
beneficial purpose.
As will be seen from the fore
going, the mere posting of a
notice claiming a certain num
, ber of inches of water does
not constitute an appropriat
ion. It is only one of the steps
in making a valid appropriat
BOAT SCHEDULES
C. N. R.: Prince Rupert ar
rives, leaves Thursday morn
ing.
Motorship Norco from Se
I attle. twice monthly.
Steamship Border Queen
every twenty days from*Se
; attle.
Ketchikan Mail boat Taku II
i arrives Wednesday morning;
i leaves Wednesday evening.
THE HERALD
JOB PRINTING
DEP AR T MEN T
BUSINESS STATIONERY
CARDS, LETTER HEADS, BILL HEADS,
STATEMENTS, ENV T OPES, INVOICES,
SHIPPING TAGS, -P^riAL BLANKS,
TICKETS, ETC.
SOCIAL STATIONERY
INVITATIONS, ANNOUNCEMENTS, PRO
GRAMS, CARDS, ETC.
POSTERS, HAND BILLS
CIRCULARS, PAMPHLETS, FOLDERS,
PLACARDS, ETC.
SATISFACTION GUARANTEED
ESTIMATES CHEERFULLY FURNISHED
i
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
its 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 j
for the working of his claim, he
.•hould 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 j
r hould post a notice of locat-,
ion and appropriation at the j
point in the stream where he j
intends to divert it from its1
natural channel. The notice1
should state the amount of
water desired by him, the lo
cation of the point of diver
sion, the place or places where \
it is intended to be used and j
the purpose for which it is to '
be used. A copy of this notice i
hould be i*ecorded in the of-1
fice 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
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 26 Probate
Notice of hearing on Petition
for Appointment of Adminis
trator.
NOTICE IS HEREBY GIVEN
that T. H. Evans, of Hyder,
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
2 o’clock in the afternoon of
Wednesday, December 29th,
1926, at the United States
Commissioner’s office, at Hy
der, Alaska, will be held the
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
endars. Also a fine line of ad
vertising blotters. Prices as low
as outside. The Herald Job
Shop.
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 i
connection with the project
Financial ability enters quite
largely into tfye stiuation, 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, J
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 i. !
actually put to its 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 a
subsequent appropriator; 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-1
quired in the use of such wat
ers by lower claimants subse
quent in point of time to hi?
original appropriation but pri
or in time to his change of di
version or place of use, then
such changes cannot be made.
Tt must be clear that if a min
er diverts the waters of a
stream and uses them in the
working of his mining claim as
called for in the notice of lo
cation and appropriation, and
then permits the waters to
flow back into their natural
channel, the purpose and ob-;
ject of his appropriation has j
been accomplished and the j
used and released waters be-1
come public property again I
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 j
to such an extent as to pre-;
vent the second appropriator j
from using them in his work.
He cannot, by a change of
the place of use, where such
new rights have accrued, take j
the water entirely or partially \
to a different place after a!
In the Commissioner's Court; j
Territory of Alacka; Division
Number One; Hyder Precinct.
In Probate.
In the matter of the Estate of j
Sam Wall, Deceased
Number 25 Probate
Notice of hearing on Petition i
for Appointment of Adminis
trator.
NOTICE IS HEREBY GIVEN
that E. M. Reynolds, of Hyder,
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
2 o’clock in the afternoon of
Wednesday December 29th,
1926, at the United States
Commissioner’s office, at Hy
der, Alaska, will be held the
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*
Publish Nov. 29> Dec 6, 13,
20, 1926
second comer has commjnced
<e ihcm ar.d ihore y de
eat the rights of the second
pprop. iator. Neither can the
r it appropriator increase the
.umo o. water taken up and
ised by him in the first place
if ter another appropriation
ras been made, taking the bal
nce remaining.
There- are many situations
hat may arise between rival
laimants to water and we can
not here enter into a discussion
of them. That is beyond the
cope of thi3 little volume and
we must refer such rival
claimants to their respective
attorneys.
Continued Next Week
The first snowfall of the seas
on occurred at Dawson Octob
er 7. It had fallen earlier in the
hills, but on that day it crept
down into the valleys and
town.
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
cently with 11,000 barrels of
oil. The vessel took 283
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
r.uska and Fairbanks. The re
mainder of the seed planted
on ground near the govern
ment hospital at Anchorage.
The crops have been harvested
from the three locations and
have been shipped to a sugar
refinery in Washington to be
analyzed for sugar contents
ad suitability for sugar manu
facture.
In the Commissioner’s 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, TJ. S.
Commissioner has rendered
and filed in the above entitled
court and presents for final
settlement his final account of
his adminstration. And that
Monday December 20tht 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 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, 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.