JUDGE WICKERSHAM
DEFINES TITLE.
All Interesting: Decision From Kagle.
The following is the opinion of
Judge Wiekershara rendered in his
decision in the case of Sawyer vs.
Van Hook at Kagle the last of Oc
tober. The decision is important,
iti that it has direct bearing upon
the right of possession of property
in a platted townsite on unsurveyed
lands in Alaska:
It is there provided “that until
otherwise ordered by congress lands
in Alaska may be entered for town
site purposes, for the several use
and benefit of the occupants of such
townsites, by such trustee or trus
tees as may be named by the Secre
tary of the Interior for that pur
pose, such entries to be^ made un
der the provisions of section 2387
oftheR.S. as near as may be.”
This section provides that “When
ever any portion of the public
lands have been or may be settled
upon or occupied as a townsite,
it shall be lawful to enter the land
so settled and occupied in trust for
the several use and b.n :-fit :o the
occupants thereof, according to
their respective interests.”
These statutory provisions show
that it was the intention of con
gress to dispose of lots in towrnsites
in Alaska only t > those who would
possess and use them. Title there
to can be obtained only through
settlement or occupancy. ‘‘Settled
upon” means taking possession of;
it includes such an improvement of
the lot by the erection of buildings
or fences, or by actual residence
thereon, or by such other acts of
possession and improvement as
clearly and unmistakably show that
it is bona fide the intention of the
settler to take an d hold possession
of the lot, and that his possession
: and improvement shall be perma
nent and for himself. “Occupied”
! also means to take or to hold in
i
possession, and one who uses a lot
and occupies it in good faith with
buildings or other improvements
or property which shows his inten
tion to possess and claim it under
the townsite law, although he may
■ not reside upon it, can acquire title
thereto.
| The imorovements of the settler
*
upon a town lot are in themselves
equivalent to an announcement of
his intentions, and a notice filed in
*
the recorder’s office adds nothing
to his rights. In case more than
one person shall claim the same lot,
the person having the prior claim
; by settlement or occupancy is auth
orized to acquire title. Settlement
i or occupancy are generally made
; up of a series of acts, sometimes ex
tending over a considerable length
of time; but whoever enters upon
j such property and takes the first
! act of occupancy in good faith, with
the intention of following it up and
claiming the benefit of the law, is
thereby recognized as a settler or
! occupant.—Forum, Jan. io.
Items Around Town.
The naphtha launch “Goo Goo
! Eyes,’’H. Madden captain, with
four crew, passed through on the
way to Nome Monday last. The
! launch has had a checkered career,
though a new boat. She was
brought iu by Fr oik Simons to
Dawson and was banged on every
|
rock between Whitehorse and Daw
son. Simons sold her at the latter
| place. The present owner is hav
S ing a lot of trouble with her; the
engines are always out of order
and the trip from Ft. Yukon here
was made with a pair of oars as
| .
propelling power.
I
; O’BRIEN WILL HANG.
i >
August 3-5 Set as the I>ay.—Big Fire at
New Westminster.—More Bound
ary Mix-up.
Dawson, June 28.—O’Brien,
convicted of the atrocious murders
near Minto, was sentenced by"
Judge Dugas to be hanged Aug. 23.
1 New Westminster, B. C., June
8.—Pacific Coast lumber mills have
been burned. Fire started in dry
kiln. Loss $30,000.
I
: New York, June 7.—Advices
from the Orient received here say
that Japan is privately preparing
for war with Russia.
i
i Vancouver, June 7.—Trouble is
brewing on Mount Baker. Ameri
can surveyors locate boundary line
3000 feet south of original line.
\ This forces into Canada rich mines.
Golden Chariot and Golden Star,
notable mines, were jumped today.
Owned by Seattle and Minneapolis
parties. It is believed the Cana
dian government will protect Amer
icans.
Str. J. C. Barr brought word
that on June 28 last it was impossi
ble to get within forty miles of St.
Michael on account of ice; also that
at that date the Yukon was blocked
for fifteen miles by ice.
FULL UNH OK
Gents’ Furnishing Goods.
Footwear, Clothing. Dry Goods.
General Merchandise.