SHELDON’S ADTOS
Four days from Chitina
to Fairbanks
Take the Automobile Line at Ohitina for all
points on the Winter Trail.
Fare to Fairbanks $100
Steam Heated Centrally Located.
HOTEL NORTHERN
V. G. VANCE, Prop.
OSTRANDER BLDG. CORDOVA, ALASKA
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THE HOTEL
CHITINA
ENLARGED AND COMPLETELY RENOVATED
SPACIOUS LOBBY —- STEAM HEATED
CAFE AND BAR
The Comfort Home of the Interior
T. W. CLONINGER .A. A , ,
Proprietor v^hitina, Alsaka
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Have You Contributed?
; No, this isn’t an appeal for funds. It’s a sug
gestion to put in your “Jimmy Pipe” and smoke.
i
COME ACROSS! i
Do a little publicity work for your business and
Cordova. Carve your name in the Hall of Fame.
Tbe Cordova Daily Times wants your advertising.
t GET IN THE WAGON AND RIDE
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FIRST BANK OF CORDOVA
CAPITAL 8TOCK $25,000
4% on Time Deposits
Our Stockholders Are
t
S. BLUM GEORGE C. HAZELET
M. BROCK FRED GLASBRENNER
| A. E. LATHROP DELIA LYONS
JAFET LINDEBERG
DESPOSITORY FOR TERRITORIAL FUNDS.
. .. .. i
IkSRJI
HflBRMBnnSi
fl I III111 U I fl VA ff Ul |l 11 i || ■ fl fl 11 Ib 'fUfl
FULL ———BOTTLED IN BOND -
QUART Has Had no Peers for Fifty Years
^ . SOLD BY ALL DEALERS
-£V
I
Decision by Judge Brown Affecting Foreign Corporations and What Is g
Requested of Them by the Law
The recent election of Judge Brown,
In which he decided that foreign cor
porations must file their articles of
incorporation and have a local rep
resentative in the territory, before
they can sue in the courts of Alaska, is
attracting considerable Intere'.f, and
is herewith published in full:
Case of W. J. Van tfehuyver Com
pany vs. S. O. Breedman, of McCar
thy.
The plaintiff, a corporation organ
ized under the laws of the state of
Oregon, brings this action to collect
some six hundred dollars from the de
fendant, for goods, wares, merchan
dise sold defendant by one of plain
tiffs traveling salesmen in Alaska.
It is admitted that the defendant re
ceived these goods and has not paid
for them, but he sets up the defense
that the plaintiff corporation Is not
authorized to malntai this action
for the reason that It has not com
plied with the laws of Alaska (passed
by the Congress of the United States)
requiring foreign corporations doing
business in Alaska, to file with the
secretary of the district an authenti
cated copy of their articles of incor
poration, appointment of agent upon
whom service of process may be made,
and also annual statements or reports
setting forth the amount of Its capi
tal stock, amount of its assets and li
abilities, etc. (Chapter 23. Title 12,
Civil Code of Alaska.)
Plaintiff alleges in its amended com
plaint that it “is not, and during all
the times herein mentioned, was not
doing business in the territory of
Alaska, so as to bring It within the
provisions of Chapter 23 of the Civil
Code of Alaska, etc.
The plaintiff does not claim that it
has fully complied with said Chapter
23, but contends that It is only en
gaged in an interstate business in Al
aska, not having a place of business
therein, but selling goods through
traveling saelsmen or agents only.
Upon tiiis question there are great
numbers of conflicting cases from the
courts of all the states, and from the
Supreme Court of the United States.
The general settled doctrine may be
said to be that laws similar to those
in said Chapter 23 are held to be un
constitutional, as being a burden on
interstate commerce or regulating
such commerce, when applied to cor
porations carrying on business in
states other than its home state, only
through or by traveling salesmen or
solicitors.
Without undertaking to review the
conflicting authorities as to what con
stitutes “doing business” in such state
a very recent decision by the Supreme
Court of the United States seems to
be decisive on this question. In the
case of tlie International Harvester
Company of America vs. Common
wealth of Kentucky. 234 U. S. Sh
preme Court Reports, page 679, an
almost identical uiuto .
ed as in the case at bar. The Har
vester Company issued the following
Instructions to its agents (which It
taken by the court as being a fait
statement of the facts):
“The company's transactions with
the people of Kentucky must be on
a strictly interstate commerce basis,
Travelers negotiating sales must nol
hereafter have any Headquarters 01
place of business in that state but
may reside there.
“Their authority must be limitei
to taking orders, and nil orders mus
be taken subject to tne approval o
the general agent outside of th<
state, and all goods must be shippet
from outside of the state, after the
orders have been approved. Trav
elers do not have authority to mak<
a contract of any kind in the State o
Kentucky. They merely take orders
to be submitted to the general agent
If any one in the State or Kentuckj
owes the company a debt, they maj
receive the money, or a check of t
draft for the same, but they do Hoi
have any authority to make any ul
lowances or compromise any dlsputec
claims. When a matter cannot be
settled by the payment of the amouni
due, the matter must be submitted tc
the general or collection agent, as the
case may be, for adjustment, and he
can give the order as to what allow
ance or what compromise may be
accepted. All contracts of sale mus
be made f. o. b. from some point out
side of Kentucky, and the goods b<
I
come the property of the purchaser
when they are delivered to the car
rier outside of the state. Notes for
the purchase price may be taken and
they may be made payable at any
bank In Kentucky. All contracts of
every and any kind made with the
people of Kentucky must be made
outside cf that state, and they will
be contracts governed by the laws of
the various states in which we have
general agencies handling Interstate
business with the people of Kentucky.
For example, contracts make by the
general agent at Parkersburg, W. Va.,
will be West Virginia contracts.”
The court, through Mr. Justice Day,
says:
‘‘Taking this ns the method of
carrying on the affairs of the Harves
ter Company in Kentucky, does it
show a doing of business within that
state to the extent which will author
ize the service of process upon Its
agents thus engaged?
“Upon this question the case is a
close one, but upon the whole we
agree with the conclusion reached by
the Court of Appeals, that the Har
vester Company was engaged In car
rying on business in Kentucky. We
place no stress upon the fact that the
Harvester Company had previously
been engaged in doing business in
Kentucky and had withdrawn from
that state for reasons of Its own. Its
motives cannot tffect the legal ques
tions here involved. In order to
j hold It responsible under the process
of the state court it must appear that
it was carrying on business within the
state at the time of the attempted ser
vice. As we have said, we think it
was. Here was a continuous course
of business in the solicitation of or
ders which were sent to another state
and in which response to which the
machines of the Harvester Company
were delivered within the state of
Kentucky. This was a course of
business, not a single transaction.
The agents not only solicited such
orders In Kentucky, but might there
receive payments in money, checks or
drafts. They might take notes of
customers, which notes were made
payable and doubtless were collect
ed at any bank In Kentucky. This
course of conduct of authorized agents
within the state in our Judgment con
stituted a doing of business there in
such wise that the Harvester com
pany might be fairly said to have
been there, doing business and amen
able to the process of the courts oi
that state."
The facts in the case at bar ar<
practically identical with that In th<
case Just quoted. The plaintiff, Var
Schuyver & Company, had travelin*
salesmen selling goods in Alaska
Many sales were made to defendant
The salesmen made collections it
some Instances, and the company, at
in the Harvester case, claimed tha
a contract of sale was not consum
u^piuvai iix run mu u
Oregon..
It is true that this case arose ovei
a question of the amenability of thi
Harvester Company to process serve!
upon it or its agents in the State o
Kentucky, but 0*1 the question o!
whethor or not it was "doing busl
ness” within the State of Kentucky
• the case seems to me controlling. 1
may be said that the Harvester Com
pany was "doing business’ within th.
I State of Kentucky in the sense on];
t that it was rendered amenable ti
r service of process out of the courts o
t Kentucky, but it was not “doing busl
ness” within the meaning of the cot
n poration laws requiring foreign cot
., porations to file its articles of lncot
i poration, reports, appointment o
’ agent, etc., before it was authorize!
to do business, or to bring suit upoi
. its contracts in said state. But i
It waB “doing business” for one put
pose, it was doing business for al
. purposes that are lawful, and wlthli
the meaning of all laws that were va
. Id and constitutional.
The only reason why laws slmlla
. to those in Chapter 23 of the Civl
Code of Alaska have been held ur
, constitutional when applied to foi
, eign corporations doing business i
another state only by traveling salei
men or solicitors is that such appl
cation of Bald laws Imposed a burde
on interstate commerce or attempte
to regulate interstate coonmerc
const
-g
tution of the United 8tat< expressly v
reBerved In the Congress of the United in
states.
Counsel for the plaintiff has sug- ijij
gested that Congress, In legislating AV
for Alaska, acts only as the local or
state legislature might for Its state, gfj
but the fact remains that Congress
has the power under the Constitution
to legislate on this subject and having ij£
Exclusive jurisdiction over the terri
tories, as Alaska, it has legislated,
and such legislation cannot be held
unconstitutional. On the whole, the
effect of such legislation Is benefic
ial, and corporations seeking the ben
efits of trade and commerce within
this Territory are put to no great
hardship in complying with the laws
above mentioned.
The complaint will have to be dis
missed. Findings and judgment may
be prepared accordingly.
PLACER STRIKE IN
THE NOME DISTRICT
Ten cent placer has been found on1
Dbme Creek near Council, in the
Nome district. A stampede of hun
dreds of miners has followed the re
recelpt of the news at Nome. The
ground, however, had been staked for
many miles before the news was al-l
| lowed to become public, but the oros-i
pectors will locate on all creeks in
that section hoping that some of the
pay may be found on adjoining
creeks.
The men who made the strike have
been working for several years in an
effort to locate the paystreak, as they
always felt certain tho pay was in
the ground. The paystreak is wide
id estimates Indicate that a big camp
lias been struck.
CHURCH SERVICES
PRESBYTERIAN
The subject of the morning sermon
will be “Neither Hot Nor Cold.” The
evening sermon will have for its sub
ject "John Knox” and is the second
of the series on “Men Who Have Died
far Men.”
Preaching services 11 a.m. and 8
p.m.
Sabbath School 12 m.
. -:o:
SANITARY CONDITIONS
BAD AT SHIP CREEK
A Christensen, chief of the field di
. vision of the Alaska land office, and
Frank Warner, government surveyor,
were passengers on the Watson yes
terday for Ship Creek, where Mr.
! Christensen has been instructed to
take charge of the government town
site.
uuiuiui j v uiiu 11 tuiin tuc vci) UUU
at Ship Creek, I am informed,” said
, Mr. Christensen. “The townsite is
, on a flat piece of ground without natur
I al drainage or supply of running wat
, er. People have rushed in there to
settle, with no precautions as to health
measures, and the sanitary condi
tions are good cause for alarm.”
. —-:o:
PIONEER IN OREGON
, WANTS ALASKA PENSION
r
( Governor Strong has received an
r application from a man In Oregon for
a pension under the new regulation
passed by the last legislature.
The man states that he was a pio
neer of Valdez, having lived there
j from 1897 to 1911, when he was o
I bilged to go south for medical treat
, ment. On uccount of his age, which
r 1*6 gives as 77, he states that he was
unable to earn enough money to re
I turn and lias been stranded ever
( since.
Governor Strong stated that in his
opinion anyone who was not an actual
r resident of the territory could not ex
I pect relief under this law.
E. F. MEDLEY
i Attorney and Councellor at Law
Room 1
Adam* Block CORDOVA, ALASKA.
n..-.— -
d J. F. R. APPLEBY
a. CIVIL ENGINEER
I- Phono 4. CORDOVA, ALASKA
AN OFFER FOR SIXTY DAYS ONLY.
575 Town Lots in Cordova.
_ ; I
Ranging in price from $50 up to $3000, and 600
Town lots in Chitina from $50 to $1000. Any |j
or all of them on easy terms.
Nowr is the time to buy.
For particulars—Call on or write to
GEO. C. HAZELET,
Cordova, Alaska. Trustee and Agent.
i »»■»♦*« 111 n11
I ► •
I I *
The Leading Hotel of Alaska :
WINDSOR :
HOTEL
ii _ CORDOVA, ALASKA !
. . 4
♦ ♦♦» « « I !
FOR GENERAL TEAMING, BAGGAGE
TRANSFERRED, AUTO SERVICE
COAL AND WOOD
Call On
ALASKA TRANSFER CO. I
UNEXCELLED WAREHOUSE FACILITIES
For Storing and Insuring Baggage,
Mdse, and Household Goods
Office—EM PR ESS BUILDING, CORDOVA—Phone 85 §
Northern Meat Market f
WHOLESALE AMD RETAIL DEALERS IN
Fresh Beef, Pork, Veal and
Provisions
- «
Particular Attention and Prompt Service Given to orders from
MINING CAMPS, ROADHOUSES AND
INTERIOR POINTS
BRANCH MARKET AT CHITINA ig
SMITH k G LAS BRENNER, Props.
THE NORTHERN LIFE INSURANCE COMPANY has
again to report a successful year, with marked gains
in every direction.
The assets were increased One hundred and Thirty five
Thousand Dollars! the resrve for the protection of Policy
holders, One Hundred and Sixteen Thousand Dollars.
Accident and Sickness Claims of $28,478.00 were paid,
and Death Claims of $33,463.00.
No death Claim has ever been disputed.
All claims are paid immedltely on receipt of proofs.
Total paid to policyholders in 1914 was $116,209.26.
The Company's yeurly income was increased to $415.
505.00.
After paying dividends of eight per cent, to stockholders
and dividends of $32,661.24 to policyholders
I he net surplus of the Company was increased more
than seventeen per cent, over the preceedlng year.
TRUE you need Life Insurance for the beaefit of the
wife and children, but you want Insurance for mtfre
than that alone.
Suppose you should get sick, by accident you had
your hand mangled or your limbs crushed, or any of the
thousand and one mishaps which are liable to take place
—where does an old fashioned Life Iuauranc; policy a\ail
The Insurance for you and for everbody is the kind
that fully insures by combining all of these features.
in 1 is the answer
Life, Accident and Health Insurance In one policy for
one premium.
Write or phone now for full information.
... Northern Life
Occupation: Home Office, Seattle
Fill in coupon and maij to
A. E. RANSOM
Div. Supt. for Alaska
. i A. J. Adams, Local Represen
___ tative, Cordova, Alaska.
- -—-—--J
| “I Choice Tobaccos, Gears and ----!J
Smokers Sundries-Wholesale
and Retail Cigar Store
The
Horseshoe
POPULAR RECREATION PLACE
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Billiards and Pool j:
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Headquarters for the Petersen,
Wellington, Calabash and
_ Garrick Pipes • ^
INSURANCE !
FIRE, MARINE, LIFE and ACCIDENT |
Insure your property against fire in reli- t
liable Insurance Companies t
We represent the NIAGARA, LONDON, I
PHCENTX, HARTFORD, NORTHERN, GLOBE ♦
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We also represent the Maryland Casualty X
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Blwtej I
NORTHWESTERN REALTY 4 TRUST COMPANY j