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Vol. II.
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Weekly: Rampart, Alaska, Saturday, July 28, 1906.
No. 4
Court Appeals
On Discovery
Judge Wickersham Erred in In
structing Jury on Discovery and
New Trial is Ordered
From Tanana Teller
Keen interest has been displayed on
all sides by the report of the opinion
handed down by the appellate court in
the case of. Caseaden v Bartolis, which
was originally tried in the district court
/ for this division at the last session. It
was a stubbornly contested case and
when the court rendered a verdict
against Cascaden, his attorney, Judge
Pratt, appealed from the decision to
the appellate court, which tribunal has
ordered a new trial on the grounds that
Judge Wickersham’s instructions to the
jury were erroneous, and that the law
as to discovery is satisfied when it is
shown that a “locator has found miner
al in such quantities and under such
\ conditions that an ordinary prudent
l man, not necessarily a miner, would be j
\ justified in expending his time and labor1
\ in the development of the property.”
' Judge Wickersham instructed the
jury in the case that “thirteen cents |
worth of gold in a pan was not neces
sarily a discovery” and that it devolv
ed upon the plaintiff to show that the
ground in controversy was more valua
ble for mining than townsite purposes.
JUpon these instructions the jury brot
in a verdict against the plaintiff. Upon
appeal to the U. S. circuit court of ap
peals at San Francisco the exceptions
of plaintiff to the court’s instructions
were ^sustained and a new trial ordered-.
The ground in controversy is that on
which Cleary City now stands. Casca
| den staked- it as mineral and Bartolis
>{ claims-it under the'townsite laws. j
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Baker-Eureka Road
Nearly Completed
The wagon road from Manley’s to
Eureka is nearly completed; barely two
miles remain to be shaped up and load
teams can deliver freight from the Ta
nana river to discovery Eureka. Twen
ty men are employed by Mr. Manley in
this work.
Ben Baker, manager of the trading
post, is - credited with the statement
that Manley put on an automobile ser
vice so that mail can be delivered- on
Eureka within two hours of its arrival
at Manley’s.
The. new concern will install an assay
office and will buv all dust offered feu
cash at actual value as shown by the
assay. This will be greatly appreciat
ed by the miners and will greatly stim
ulate business for the new town.
Miners’ Candidates
Gaining at Nome
George W. Ledger, president
of the Rampart Miners’ Associa
tion is in receipt of the following
telegram from the Fairbanks
campaign committee for Waskey
and Cale:
Fairbanks, July 24.
Geo. W. Ledger, Rampart.
Miners’ ticket Waskey and
Cale gaining steadily. Received
wire from Nome: “All interests
here lining up with miners, solid
for Cale and Waskey. Frank H.
Waskey.”
McClure and Tozier,
Campaign Committee.
Jules Marion, N. C. mail agent, ar
rived from Tanana on the Lavell Young
and goes on upriver next Wednesday.
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Manley and Kroehle Purchase
Entire Holdings of Gill on Glen
And Stevens on Gold Run
Frank Manley, the Fairbanks mining
magnate, has made another investment
in Rampart mining properties. This
time he purchases the entire holdings
of M. S. Gill on Glen Gulch. Otto
Kroehle, formerly of Rampart, is in
terested with Manley in the deal. The
purchase price is $50,000. The follow
ing claims are included in the transfer:
Discovery, 1, 2, 3 and 4a, the Towle,
Shirley, Alice and V. 0. Green bench
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claims.
In addition to the above the same
parties have bought out Frank Stevens
and Jimmy Lawrence on Gold Run and
Gold Run Swale. The consideration in
this deal is $8,000.
Mr. Gill is nowin Fairbanks with Mr.
Manley settling up the Glen transfer.
Otto Kroehle is now in camp with Law
rence and Stevens, and the Gold Run
deal is closed and the money paid.
Both Stevens and Gill will spend the
winter in the States. Stevens will re
turn next spring, but it is stated that
Gill will remain outside permanently.
District Court at Fairbanks
According to posted notices the spec
ial session of the District court will be
gin at Fairbanks next Monday with
Judge Wickersham on the bench. It is
not announced yet whether a grand
jury will be 'called or not. Prisoners
have been lying in jail for nearly a year
awaiting trial.
A special term of court will be open
ed at Valdez by Judge Gunnison Aug. 6.
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