WATER RIGHTS
In the district court Tuesday after
noon Judge Brown signed a decree in
the case of Frank Kernan vs. John E.
Andrus, et al. The decision is a most
important one to the mining industry
of the territory, and is the first one
rendered in this division embracing
the question of water rights as ap
plied to mining. In fact, but two
other decisions in which points in
volved in the action are in part In
cluded, have been rendered in the
territory.
The action was directed almost en
tirely to the question of rights ac
cruing to the prior locator of water
rights, where the water is put to use
by the locator, as against the rights
of claim owners lying between the
points of diversion by the locator and
the point where such water was em
ployed in mining.
In this case, the plaintiff Kernan,
diverted the water of White creek,
carried it by flume and pipe lins
across claims 1, 2, 3 and 4 on White
creek, belonging to defendant, and
employed it in mining on Chititu
creek. Some months after Kernan
had made his water right location,
installed his flume and pipe line, the
defendant, through his agents, went
upon his (the defendant’s) claims on
White gulch, and cut plaintiff's ditch,
permitting the water to escape. This
occurred several times, when plain
tiff appealed to the court for a tem
porary injunction restraining the de
fendant from interfering with his
ditch and pipe line during the min
ing season of 1917. The court, sit
ting at Anchorage, last June granted
the temporary injunction, and last
month the matter came into court on
the question of making the tempor
ary restraining order a permanent
one. There were a number of intri
cate law problems involved, and the
case was hotly contested by both
sides. Messrs. Donohoe & Dimond,
of Valdez, appeared for the plain
tiff, and Messrs. M. D. Leehey, of Se
attle and L. V. Ray of Seward, ap
peared for the defendant. The trial
of the case occupied several days,
a number of witnesses being examin
ed for both sides. Following the
trial, it was stipulated by counsel to
submit the case to the court on
briefs, both sides making short argu
ments. Elaborate briefs were submit,
ted, and in the decision handed down
by the court a signal victory for the
plaintiff.
According to the decision the plain
tiff is adjudged the true "and lawful
owner and entitled to the use and en
joyment of the water flowing in
White gulch to the extent of 2600 min
er's Inches (the amount claimed in
his location) of said water divert
ed and taken back from the creek
flowing in White gulch upon plain
tiff’s placer claim No, 6 White gulch,
as the same was appropriated, divert
ed and used by the plaintiff in his
mining operations during the season
of 1916 and 1917, and his free use of
the same is quieted against all claims
of the defendant or ally person claim
ing under him, and held they are
perpetually enjoined from setting up
any claim to said waters or any part
thereof. .
By the terms of the decision the
plaintiff is also adjudged the true and
lawful owner of an easement for his
ditch, flume and P*Pe line over and
across the 'placer claims of the de
fendant. Nos. 1, 2. 3 and 4, White
Gulch, for the purpose of conducting
and conveying the water to his plac
er claim no. 11 on Chititu and Mo.
1 Rex and adjoining bench claims,
»nd the defendants and his agents
and any person claiming through or
under them, are forever stopped from
claiming any right thereto or any part
thereof. The defendant, his agents,
employes or servants are further pcr
peutally enjoined from it anywise in
terfering with the same ditch, flume
and pipe line.
It is adjudged, however, that the
defendant has the right to recover
from the plaintiff, such damages as
he may have sustained by reason of
the use and occupancy of the ground
occupied by and necessary for the
maintenance of plaintiff's ditch, flume
and pipe line across said placer
claims Nos. 1, 2, 3 and 4. White gulch.
The judgment also gives to the
plaintiff the right to recover from
the defendant his costs and disburse
ments in this action.
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SAN FRANCISCO SWIMMERS
OPPOSE BATH-TUB TANKS
SAN FRANCISCO, Dec. 6.—‘Bath
tub” tanks for swimming meets are
not in favor here. Recently there
was some agitation in the east to bar
tanks that are over 50 feet long, but
as most of the San Francisco pools
run to a much greater length the lo
cal representatives of the Amateur
Athletic union are holding out against
all circumscriptions. These represen
tatives contend that if sprint dis
tancces are required the water men
and women can swim the width rath
1 er than the length of the tank.
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Drop into Dougherty’s and look
over the new goods.
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New goods for Dougherty’s on the
Alameda.
-O
Novelty Kimonas at Dougherty’s.
j Women’s I
j FALL FASHIONS f
1 THE NEW COAT STYLES ARE READY j
i :^===^=======^===^^ t
LATEST MODELS. NEWEST STYLES |
|j Come in and See the BEAUTIFUL NEW
COATS, The very latest fashions from the
IS: world’s fashion center. |;
All the new fabrics. All the new shade# j|
j| and colors. |
| There is a coat here to suit every possible
|! need. We have never shown a more com- |
fe plete assortment. . »
* If you don’t see it in the window we have *
it inside. j|
| Will Clayson |
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LOCH DOINGS
AND PERSONAL
MENTION
Geo. A. Harmon returned today
from a business trip to Valdez.
United States Marshal F. P. Brenne
man Is among Cordova visitors today.
Attorney T. J. Donohoe, of Valde/.,
Democratic national committeeman,
for Alaska. Is In town on a business
trip.
The Cordova orchestra will give a
boat dance at Hegg's hall tonight, to
which everybody is invite J and assur
ed a good time.
The steamer Victoria returned from
the westward at 9 o’clock this morn-,
ing and will be in port until late to
night loading ore. She sails direct
from Cordova to Seattle via the out
side passage.
Norman Worth and Jack Hudson,
members of the Anchorage-Turnigan
Arm ball teams, greeted local friends
today. Worth is returning to Seattle
and Hudson will resume his studies
at the University of California.
! 1
—
According to a letter received by a
well known Seward business man on
the Evans, there is an “underground
rumor" that Charles CoBgrove. of Ket
chikan. is a very promising comprom
ise democratic candidate for the gov
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ernonihlD.'’—Seward Gateway.
District Attorney W. H. Munlcy,
came over from Valdez today and will
remain here for some time famlllariz
ing himself with condition* in this
section. He also" intends making a
trip to towns along the Copper River
valley.
Frank Millard, who was express
agent in Valdez for the past several
years, and who is at present connect
ed with the Road Commission, will
leave for Chitina with his family in
the near future to take up his work
with the commission at that place—
Valdez Prospector
Tom Finigan, of Seward, is in town
today on his way to Seattle, where
he will report to Capt. Jones, of the
aviation corps. Tom is one of the
best ball players to the westward and
after several seasons of scrapping on
the ball field wants to do a little
fighting for Uncle Sam.
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INDIAN WRITES SCENARIO
ALSO WANTS BE ACTOR
(By Associated Press)
PULLMAN. Wash., Dec. ••.—Will
iam E. Dietz, (“Lonestar") the In
dian coach of the Washington State
college football talent is to trade the
pigskin for the buckskin. Dietz is
interested in the moving picture
game, and openly announces that he
is to try for an engagement with one
of the big Los Angeles companies.
He has just completed a scenario
that he says will put the American
Indian before the public in a n ;w and
striking fashion. Dietz would also
like to do a “trun” in vaudeville.
PORTLAND MANAGER DENIES
WILL TAKE SALT LAKE CLUB
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(By Associated Press)
SAN FRANCISCO Dec. 6.—Walter
| McCredie, manager o'f the Portland
club in the Pacific coast league has
positively •‘spiked” a number of re
ports that he is to lead the Salt Lake
outfit next season.
“There is positively nothing dotng i
along that line," McCredie said here
recently. “I will not know what m,v
next job will be until after the first
of the year.”
I hree women, formerly of the
Skagway restricted district, have
rented a building in that city for the
purpose of opening a restaurant.
They claim to be sincere In their de
sire to lead clean lives, and the city
council is taking a census of the peo
ple to see if they wish to patronize:
the place.
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Complete new Christmas stock at
Dougherty’s.
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New silk umbrellas and parasols
for Christmas gifts at Dougherty s.
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K IMPRESS 1
XmJ TONIGHT 800 sharp
_
NORMA TALMADGE with Seena Owen and Tilly
Marshal in a 5 Act Triangle Drama
“ Martha’s Vindication ”
One of Miss Talmadge’s Greatest Successes.
JOE JACKSON supported by an all star cast in the two
Reel Keystone Comedy
“Gypsy Joe”
At the piano Mrs. Nina Nichols t '
ADMISSION 30 c, CHILDRE N 10c
COMING NEXT BOAT
j
Smashing the Hindenburg Line99
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MACKINAW WEATHER
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.. Stock of
Loats All Wool
Shirts Lines
THE VERY BEST IN THE MARKET
* “
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