m
THE RECENT DECISION
Rampart, Alaska, May 11, 1905.
Editor Forum: In your issue of
May 6, I note the instruction of Com
missioner J. Lindley Green to th2 jury
in* the criminal case of the United
States vs S. R. Hudson, which plainly
shows the condition of the imaginative
brain of that “natural born"—lawyer.
I challenge the “learned jurist" to
show legal authorities bearing him out
in such instruction.
While a jury is bound to receive as
law what is laid down as such by the
court, it is taken for granted that the
court will not wilfully and maliciously
misinterpret or misrepresent the law.
This is not the first time Commissioner
J. Lindley Green has created a false
impression by giving some wild in
struction, claiming it to be the law and
Supreme court decision; and, as in the
above case, unable to produce authority.
While a judge is not held criminally
liable for such action, it being consid
ered a judicial error, it certainly shows
his incompetency. But so much of like
rot has been shown up pertaing to both
Green and Wickersham, that they are
becoming jealous of each others notor
iety and are trying to outshine each
other. It is a common occurance for
the appelate court to reverse Wicker
sham, and Green’s instruction in the
Hudson case is subject to the same
treatment as Judge Cook’s received in
the Stoll case in California.
I wrote a personal letter to Judge
Wickersham last summer asking him if
. his decision making John Minook, an
Indian half breed, a citizen of the Uni
ted States, gave John Minook the legal
right to receive whiskey. Wickt rsham
failed to say that it did. His local rep
resentative, Commissioner J. Lindley
Green, now answers the question in the
affirmative, and goes still further by
holding that an Indian woman becomes
an American citizen upon marrying a
citizen; can separate from her husband
live and associate thereafter with Ind
ians, and still be legally entitled to re
ceive whiskey.
The act defining the present penal
: and criminal laws of the United States
and the proceedure thereunder relating
to the District of Alaska, was approved
by congress in 1899, and all laws in
conflict thereto were repealed at that
time. Congress has not since that date
DEEP SINKING ON
McDonald bar
Welsh & Coslaw and Allen & Calham
have two shafts well underway to bed
rock on McDonald b*.r. Last Monday
these shafts were in gravel and were
40 and 65 feet respectively. It is now
expected that that before bedrock is
reached it may be necessary to sink
over 100 feet.
Some years ago a number of shafts
sunk on Idaho bar reached over 120
feet before bedrock was struck. Last
year Frank & Graham sunk on Califor
bar, which lies between Idaho bar and
McDonald bar. After sinking through
muck and gravel to over 100 feet they
quit before bedrock was reached.
repealed nor amended that section of
the act relating to the giving or selling
liquor to Indian or half breed. Ihe
criminal code for Alaska as it now reads
speaks for itself, and should not be
veiled with imaginary laws existing
only in the brain of Commissioner J.
Lindley Green.
I claim that neither Wickersham nor
Green have the legal power to amend
or appeal the criminal laws of Alaska,
which were created by congress, nor
have they the legal right to give such
instructions to a jury as would annul
any section thereof. By considering
the peculiar circumstances brought
about through existing relations as
husband and wife, the courts might
overlook a violation of the law by eith
er one as towards the other, but cer
tainty cannot(grant to others the privi
lege of criminal intimacy or action in
connection with either such husband or
wife. No doubt this learned commis
sioner realizes that his judicial career
is speedily drawing to a close, and is
now courting the sympathy and favor
of the Indians—no doubt the latter will
receive as “big medicine man.” X. X.
\_ ' • . .
ocation nlanks rorum I iffice
and Complete
nt of the Finest - -
n—J‘ *>f Imported and Do
mestic WINES
...LIQUORS and CIGARS
RAMPART
TANANA
JOE ANICICH
Proprietor
WHWWWWWWWWWtW*
FRANK BROWN_
FREIGHTING
And PACKING
• O' *
TEAMING & JOBBING
...Dry & Green Wood Sold...
% IMMEDIATE FREIGHT DE
| LIVERIES TO ANY CREEK.
Walter Sundborg
Freighting
Goods DELIVERED Anywhere
DRY WOOD FOR SALE
Leave orders ai MINERS STC-PE
%
C. H. GIBBONS. M. D.
PHYSICIAN and SURGEON"
Office Hour*: 1 to 3 p. m. and when not otherwise engaced
Office and Residence, Second Avenue
James B. Wingate
NOTARY PUBLIC
Forum Office Rampart
GEORGE A. SALISBURY
Attorney at Law
Rampart Alaska
Masonic Association of Rampart
Meets on tie last Saturday evening of each
month. AH Masons invited to attend.
J. H. Hudgin, M. D. Pres. J. B. Wingate, Sec.