FILING FEES TO
ROAD COMMISSIONERS ANI
LEGISLATORS MIGHT BE ABLE
TO AVOID PAYMENT.
REFUSALS ARE NOT EXPECTED
Opinion in Regard to Important Provi
sion of Territorial Primary Law Is
Given by Attorney General Georg<
B. Grigsby.
Considerable speculation is beinj
indulged in by prospective candidates
territorial and federal officials, anc
lawyers as to the effectiveness o
some of the provisions of chapter 48
session laws of 1017, which provide:
for the holding of primary election:
in the territory of Alaska.
The law as passed by the Alask;
legislature provides that all candi
dates for member of the legislatun
and all candidates for road commis
sioners shall file with the clerk of th<
court of the division in which they re
side their declaration of candidacy to
gether with a fee equal to 1 per cen
of the annual salary received for sucl
office, not to exceed $40, which mone;
shall be paid to the territorial treas
urer. This money by the terms o
the act, was intended to finance tin
holding of primaries.
Question on Two Offices.
The question now arises as to th<
salary of a member of the legislatun
and also the road commissioner. Thi
legislator is paid $16 per day for tin
time the legislature is in session. Thi:
may mean a sixty-day session or i
may mean more or less. Thus the sal
ary provided is strictly a per dien
compensation. The road commission
er is paid 5 per cent of all moneys ex
pended, but his compensation in an;
event cannot exceed $2,500 per annum
Now under the federal law there i
a regular tiling fee of ten cents fo
every paper filed in the office of thi
clerk of the district court in any di
vision of Alaska. A declaration o
candidacy tendered with the ten cents
filing fee cannot be refused by a dis
trict clerk, and any declaration filet
must appear on the ballot.
An opinion on the provisions of thi
law has been issued by Territoria
Attorney General George IT Grigsby
bearing on this subject in which h
advises clerks of the court that the;
may not refuse to tile declarations no
accompanied by the fee as provided b;
the territorial session laws.
Text of Opinion.
The opinion of Mr. Grigsby, accord
ng to mail advices received here, i
is follows:
‘•The secretary of the territory ha
•eferred to me a letter to him fror
he clerk of the district court at Ju
leau in which the clerk makes an in
juiry as to the proper charge fo
leclaration of candidacy for nomina
ion to the offices of territoria! repre
entative, territorial senator an
oad commissioner under the primar
aw. (Chapter 4S, Session Law
917).
“Section 13 of the above act pro
ides that each candidate shall pay fo
ling his declaration of candidacy
ae of 1 per cent of the annual sal
ry of such office, not to exceed $4(
“The members of the territorial leg
dature do not receive an annual sal
ry, their compensation being- fixed b
?ction 4 of the Organic Act as fol
'ws:
“ ‘Each member of the legisla
ture shall be paid by the United
States the sum of $15 per day for
each day’s attendance while the
legislature is in session.’
Per Diem Compensation.
“This is in no sense an annual sal
■y but strictly a per diem. The limi
attendance possibly in two year
regular sessions is sixty day:
lere is nothing to prevent the go\
nor convening the legislature in es
aordinary session more than once
nsequently it is impossible as
rict matter of law to fix the fe
argeable to candidates for the le£
ature. The act of the legislature i
is regard is defective.
“I would advise court clerks, hov
aver, as a matter of expediency, to
promulgate a schedule fixing the
charge for members of the legislature
3ii the basis of $450 per annum, the
amount paid each member being usu
ally $900 for two years. Should a
I candidate, however, refuse to pay tliip
I fee and insist on having his declara
I ion on candidacy filed I do not believe
ourt clerks would be justified in re
i fusing to cause same to be filed.
Refusals Not Likely.
“Probably there will be no dispo
ition on the part of any candidates
• ;o decline to pay the fee.
“As to the office of road commis
sioner: The compensation of the road
' commissioner is fixed at 5 per cent of
ihe amount of territorial money ex
pended by such commissioner, not to
exceed $2,500 per annum. In this case
> also there is no strict legal basis for
' omputing the fee to be charged a
* candidate for road commissioner. His
■ j ‘ompensation might be the maximum,
’; $2,500 per year, or it might be noth
’ ing, all depending upon the amount of
5 money appropriated and expended. As
the probability is, however, that the
1 road commissioners will earn the max
imum amount, that is $2,500 per year,
would advise that court clerks fix the
fee of candidacy for this office at 1
J| icr cent of $2,500, or $25; but, as in
the case of a member of the legisla
ure, would not advise the court
' clerks to refuse to file such a declara
1 tion should the candidate refuse to pay
the fee.”
i
■! PETER SEYALOYICH. FORMER
i MINER, RECEIVED MILITARY
MEDAL IN HOSPITAL.
7 I For brave conduct in action in the
• famous Ypres sector in Belgium, a
5 former miner m Juneau, who was a
member of a Canadian regiment, was
} decorated with the military medal and
will be given a war cross. His name
[ is Peter Sevalovieh, and he is now a
latient in the Canadian hospital in
' | .ondon. A letter from him to Ids
^ mother, Milo Marko Sevalovieh, of
iuneau, ir printed in a recent issue < f
; he Juneau Empire. ; *nl reads as FJ
1 i lows:
“Well, first I pray to God these
few lines reach you and find you in
?ood health. I am here and still alive,
although wounded, in the Canadian
lospital at London. Was on the line
or several months, then ordered to
Belgium—‘Ypres.’ Three days after
>ur arrival in Belgium we made ad
vances and drove the Germans back
1 half a mile.
: “Captured 440 Germans, sixteen
cannons and a large number of ma
i chine guns and an abundance of muni
lions. The morning after making the
advance, I was in the first line of first
stations, and with others volunteered
j to take twelve No. 2 bombs to place
, them under the enemy’s wire line.
g Another Man trom Juneau.
“We had another man from Juneau
- with us. He was Milo.sh Vukelich.
r We did our work and had success, too.
i Then we started to our company.
- When about fifteen yards from our
'. ir.es we saw in a shell hole one Ger
- j nan officer and three privates. They
- ■ raised their hands and hoisted a white
r | Jag. We searched them and took
hem with us to our commander. He
ook our names and numbers, then
lent us back to our position.
“Before we reached our position a
Jerman shell fell irt front of us. One
liece passed through the palm of my
land and another hit me on my left
;ide and lodged there. My partner’s
- ight arm was broken. Then the hos
t oital ambulance came and picked us
s up. Then we were hurried to London.
>• “The second day after arrival in
- London I was operated on. They took
- rnt a large piece of shell from my
; ;ide. It was about the size of a lima
a bean.
e Saw Thousands of Stars.
“During the operation I saw thou
n lands of stars. I feel much better
'acli day. The last four days our
- nigadier from the fourth division
has been here and brought us a letter
from our colonel, also gave us our
‘bars' for our bravery. He gave us a
cross No. 2. Asked us if we were in
war before. Then my partner told
him I was in the Balkan war, and
that we were from Juneau, Alaska.
He gave me $5 in cash and a military
medal. Then he told us we would re
ceive war crosses when we left the
hospital.
“Thank God, our army is doing fine
the last few months, and we expect to
get our share of Germans soon. Write
me often and I will try and keep you
posted. We sure do enjoy heai’ing
from friends and relatives.”
GEORGE LIST AND PARTY RE
PORT FALL OF THREE FEET
OF NEW SNOW IN INTERIOR.
—
TRIP REQUIRES THREE WEEKS.
Alaskan Engineering Commission at
Nenana Has Repaired Locomotive
ami Roundhouse Damaged Recently
B> Fire There.
The trail between the canyon on the
south side of Broad Pass and Indian
river is in bad shape, and traveling is
a matter attended with considerable
hardship, according to George List, a
member of a party of ten persons who
arrived in Anchorage yesterday from
Nenana. The trail, while* well marked
with tripods, is covered with about
three feet of new snow. The party
had to break trail the entire distance
between the canyon and Indian river.
Three weeks were consumed in mak
ing the trip from Nenana to Anchor
age.
One of the locomotive engines de
stroeyd in the recent Nenana tire
when the round house of the Alaskan
Engineering commission was destroy
ed, has been repaired by employes of
the Alaskan Engineering commission
and is again in service, according tc
Mr. List, 'fhe work of rebuilding the
burned round house is now in prog
ress and is going rapidly forward.
The members of the party have
made no definite plans for the remain
der erf the winter but will likely stay
in Anchorage until spring. Others
in the party beside Mr. List are F.
Crown, Marc Fountain, H. A. Apple.
W. R. Goldsmith, George Merril, T,
Fitzpatrick. M. L. Stevenson, Arthui
Johnson ar.d Carl Radsis.
Arthur Johnson and M. L. Steven
son own a ranch near Nenana and
during the past winter boarded more
than 100 dogs.
The members of the party are stay
ing at the Crist house.
Not many more residents of the in
terior are expected to come to the
coast this season.
NYBERG PAYS $500
FINE AND $111 COSTS
DEFENDANT ALLOWED TO SET
TLE HIS BUSINESS BEFORE
GOING TO JAIL.
Six hundred and eleven dollars an<
forty-five sents was paid into the cof
fers of the court of United State.'
Commissioner Leopold David yester
day by L. O. Nyberg, who Wednesday
afternoon was found guilty by a jurj
of having whisky in his possession ir
violation of the bone dry law and wh(
yesterday morning was sentenced bj
Judge Leopold David to serve thirtj
days in the Anchorage jail and to paj
a fine of 500 and costs. The costs ir
the case amounted to $111.45.
Nyberg has been allowed a week’s
libertv in which to settle his business
| affairs before beginning the servlh^
j of his jail sentence.
He was working on a tie and piling
contract for the Alaskan Engineer
ing commission and had practical]}
completed it when he was arrested or
I the whisky charge. He left on this
morning’s train for Camp 83, when
his contract camp is located, and ex
pects to return to Anchorage Monday
GREAT MASS OF INFORMATION
IS SUBMITTED FOR AND
AGAINST SUSPENSION.
LABORERS AGAINST CHANGE.
flUning and Lumber Corporal ions De
clare That Suspension of Act Is
Made Necessary by Scarcity of
Workingmen.
Special Cable to The Times.
JUNEAU, Alaska, Feb. 8.—The
hearing on the proposal to suspend the
territorial eight-hour law, insofar as
it affects the mining and lumber in
dustries, has been in progress four
days before Governor J. F. A. Strong.
While the governor cannot suspend
the law, except at the direction of the
national council of defense or of the
secretary of the interior, he has been
delegated to investigate the merit of
the proposal for partial suspension of
the enactment, and his recommenda
tion in the matter is expected to guide
the action of the council of defense
and of the secretary of the interior.
Both Sides to Be Heard.
The hearing before the governoi
will be continued until proponents and
opponents of suspension have had the
opportunity to present their cases ir.
| full.
A great mass of information is be
ing submitted by both sides. Mining
and lumber corporations favor sus
pension while laboring men oppose it
Laboveis to a man in this section
are against any modification at all in
the law. The corporations seek the
right to work men over eight hours
with extra pay.
Laboring men claim th£ wage scale
under such an arrangement would be
reduced so overtime pay would
' amount to the same as the present
wages.
T< rritorial Representative J. Murray
| and Territorial Senator Hubbard, ap
peared on behalf of the last legisla
ture and fought against any modifica
tion or change in the law. They clain
that if it is modified, however, there
should be an arbitrary rule fixing the
present wage scale in every section ar
basis of pay for eight hours work.
Representative Murrav and Senate:
!
Hubbard made strong speeches ant:
cited statistics to sustain their pleas
against modification.
They say it looks like no changes
will be recommended by the governor
The corporations declare the whoh
thing hinges on actual supply of labor.
If shortage of labor is proved they
say the governor should recommend
modifications. Labor representatives
declare there is no evidence of short
| age and state there is plenty of laboi
in Anchorage, Valdez, Juneau, Ket
chikan, Wrangell and all other Alaska
towns.
jCORDOVA MEN SEEK
PUBLIC OFFICES
H. A. SLATER WANTS TO BE LEG
SLATOR AND J. L. GALEN
ROAD COMMISSIONER.
Special Cable to The Times.
CORDOVA, Alaska, Feb. 11.—Hen
ry A. Slater, a restaurant proprietor
in Cordova, has announced his candi
dacy as a republican for member o'
the legislator from the third division,
and James L. Galen, owner of the
Alaskan Transfer company, of Cor
dova, has announced his candidacy foi
road commissioner for the third
division.
James Wilson, of Valdez, present
road commissioner, has already filed
as a candidate for re-election.
GOT THROUGH.
; Among other startling statements
in her composition on “A Railway
■ Journey” the folowing was made by a
i little girl:
> “You must get a ticket, which is a
: piece of paper, and you give it to a
• man, who cuts a hole in it and lets you
• pass through,”
TWO MEMBERS OF JURY WANT
ED TO MAKE OFFICIAL REC
OMMENDATION OF MERCY.
DELIBERATED COUPLE HOURS
Sentence Was Passed This Morniny
by Judge Leopold David on Tie Con
tractor Convicted of Having Liquoi
in His Possession.
A fine of .$500 and thirty days ir
the Anchorage jail is the sentence
that was imposed this morning bj
United States Commissioner Leopok
David on L. 0. Nyberg, the railroae
contractor, who late yesterday after
noon was found guilty by a jury 01
having whisky in his possession ir
violation of the bone dry law.
The jury after having deliberatec
for a period of two hours brought ir
a verdict of guilty at 5 o’clock, am
sentence was pronounced at 10 o’clocl
this morning.
It is reported that the jury at al
limes \yas in favor of conviction bu'
that two members insisted for a whih
that the verdict of guilty be accom
panied by a recommendation of mercy
They were finally persuaded, it i:
said, to return an unconditional con
viction of guilty by the argument tha
any sort of recommendation might in
validate the verdict.
No formal application has yet beer
made to appeal the case by Attorney
J. L. Waller who acted as Nyberg’
attorney.
Nyberg was arrested in his cabin oi
East Fourth avenue Friday night b;
Deputy Marshal Clarence W. Moss
man and Harry Kavanaugh after th<
officers had found a keg half fillet
with whisky and several bottles con
taining wTiisky in the cellar of th<
cabin.
t
Nyberg at his trial testified that th<
whisky had been bought and stored it
the cabin by Walter A. Lord, a jewel
er, who last fall left here for tin
states.
The prisoner said that he was awar<
the liquor had been put into the base
ment and that he had intended to des
troy it, but that he had forgotten al
about it.
PROMINENT MEN
ADDRESS MINERS
MINERAL INDUSTRY OF NORTH
WEST REPRESENTED AT CON
VENTION IN SPOKANE.
SPOKANE, Wash., Feb. 11.—Mei
prominent in mining circles of th<
northwestern states and provinces wil
speak at the Northwest mining con
mention, which convened here toda;
and which will continue until nex
Saturday, according to the progran
announced by officers of the North
west Mining Men’s association, unde
whose auspices the convention is helc
Mineral exhibits from this sectioi
of the United States, and from Britisl
Columbia are a prominent feature o
the convention.
William Sloan, minister of mine
for British Columbia; Charles Heb
berd, federal food administrator fo
the state of Washington; Francis A
Thompson, dean of the school of mine
at the University of Idaho; L. O. How
ard, dean of the school of mines a
Washington State College at Pullman
Dr. E. O. Holland, president of Wash
ington state college; H. C. Meyers
president of Spokane University; A
M. Meldrum, chancellor of Spokam
University and Henry Landes, Wash,
ington state geologist, will be anion;
the speakers.
The annual banquet of the minin;
men will be held next Thursday even
ing and a smoker, with an address b;
Governor Moses Alexander, of Idaho
will be held Friday evening.
MORE POWER TO HER.
Some school teachers work for littl
or nothing. But Iva Price teache
English in the Terre Haute, Ind., higl
school.
I
ANIMALS BELONGING TO JACK
BOLTON AND ELLIOTT SMITH
MAY GO TO ITALY.
OWNERS OFFER SERVICES.
Government Authorities, It Is Said.
Have Issued a Call for 2,500 Ca
nines to Use in Hauling Mountain
Artillery.
Military service in the Alpine re
gions of northern Italy, where Alas
ka dogs can be used to advantage in
hauling mountain artillery, is the am
I bition of Elliott Smith and Jack Bol
| ton, commercial travelers, who are in
Anchorage on their way to interior
i camps and to Nome. They have vol
unteered their services, with their
pack of twenty dogs—thirteen mala
i mutes and seven Siberian wolves—to
■ the United States government, and
:; expect to receive notice of the ac
ceptance of their offer next spring.
The American military authorities,
it is said, plan to collect in the United
■ States for service in Italy 2,500 dogs,
| and Mr. Smith and Mr. Bolton have
.! submitted their application through
; Brigadier General W. P. Richardson,
-j formerly president of the Alaska road
: j commission, who is now helping to
- organize and train recruits for for
1 eign service.
i1 The two commercial travelers will
leave here Wednesday for Ophir and
Tolstoi and Iditarod; then they will
go to the Yukon river and down to
i Anvik, Holy Cross, Russian Mission.
■ Marshall and St. Michael, and thence
- to Nome.
■ Returning from Nome, they will
1 stop at Ruby, Tanana, Tolovana, Ne
- nana, Fairbanks and Chitina. They
expect to ue back in Anchorage by
May 15, and then will go to the
1 states.
CONVICTS TO USE
KNITTING MACHINES
j PRISON AND ASYLUM INM ATES
i IN ARIZONA WILL MAKE GAR
MENTS FOR TROOPS.
_
j PHOENIX, Ariz., Feb. —Gover
i nor G. W. P. Hunt is going in for war
: knitting on a wholesale plan. He
} | proposes buying knitting machines
| for the inmates of the state peniten
.! tiary, the insane asylum and the oth
| er state institutions and have them
knit socks, helmets and sweaters for
the soldiers and sailors.
1 His plan is to have the machines
; bought by public subscription and to
' have the yarn furnished by the Red
Cross and other simlar organiza
tions, the state furnishing the labor
1 and instruction. Governor Hunt pro
' poses to have the first knitting done
for the sailors of the battleship Ari
1 zona.
HEATLESS MONDAYS
ADMINISTRATION HOPES TO DO
i AWAY WITH FUELLESS DAYS
ENTIRELY NEXT WEEK.
WASHINGTON, Feb. 11.—Heat
t less Mondays were ordered suspended
; today by the federal fuel administra
tion in all states south of Virginia on
. account of the warmer weather and
. improved traffic conditions.
Fuel administration officials said
they hope to suspend heatless Mor.
* days in all other states after next
Monday.
NUGENT SUCCEEDS BRADY
i BOISE, Idaho.—John F. Nugent,
. democrat, has been appointed as sen
ator by the governor to succeed Brady
who passed away recently.
i OH!
3 Some fellows are out of luck. But
i what we started to say was that For
tunate Mann lives in New York city.