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MEMBER ASSOCIATED PRESS.
VOLUME 20. NUMBER 272
SEWARD, ALASKA, MONDAY, OCTOBER 5, 1925
PRICE TEN CENTS
ORDER SIGNED IN
LIGHT CASE BY
JUDGE RITCHIE
CASE WILL BE APPEALED TO
CIRCUIT COURT BY DEFEN
DANT LIGHT COMPANY
New Rate Now In Effect
Judugment Gives Consumers Refund
from September 2, 192-1—Rate
Now12.5, 10 and 8 Cents
K
The case of the town of Seward vs.
the Seward Light & Power Company,
S. M. Graff, manager, came to an end
Saturday evening when Judge E. E.
Ritchie, following a hearing for the
purpose of allowing additional testi
mony to be entered on the records,
signed the judgment in favor of the
Town of Seward.
The tfase has excited unusual inter
est in Alaska for the reason that it is
the first to be tried under the new
Act of the Territorial legislature, giv
ing municipalities the power to set
the rates charged for public service
rendered by companies which use
their streets and alleys for their poles
A \ and wires. The Juneau case was brot
under a different statute of two years
previous.
Judge Ritchie refused to allow the
witness fees of the experts employed
by the Town, and as the case involved
many different angles felt that each
side should pay its own costs, except
ing court costs allowed the City.
Judge Ritchie is writing an opinion
' in the case and it is stated that Mr.
Graff was found to have an excessive
valuation on his property, that his up
keep and overhead was excessive, and
that a plant half the size of the pres
ent one would generate sufficient elec
tricity for the city. The Judge during
the trial permitted both sides to intro
duce any facts which the parties thot
might throw any light on the case.
Mr. Dimond took exceptions to ad
verse decrees and asked time to get
the record in shape for a Bill of Ex
ceptions, which was given.
On July 17, 1924, S. M. Graff brot a
suit to enjoin the City of Seward from
enforcing rates of 12.5, 10 and 8 cents
per kilowatt established by the City
Council after a public hearing; Mr.
Graff contending the city was too
small to be placed upon a meter basis,
and that the rates were too low to
permit him to make depreciation on
the plant and a reasonable return on
the value of the property.
On August 20 Judge Ritchie granted
a temporary injunction enjoining the
officials of the city from enforcing the
meter rates established by the Coun
cil, but did permit Mr. Graff to charge
t a 15-cent flat rate.
' Several arguments were had at Val
dez and Cordova relative to the vari
ous legal questions raised by the
pleadings, and on October 4, at Cordo
va, Judge Ritchie ordered Mr. Graff
to supply current to the street lights
of the Town, not measured by meter.
May 25, 26, 27, 28 and 29, 1925, the
Court commenced to take testimony;
adjourned so as to hold court at Ah
J cliorage and came back to Seward on
June 15, on that date and until June
24, testimony was submitted, when at
2 o’clock in the afternoon of June 24,
Judge Ritchie announced his decision
in favor of the Town upon all points
and against Graff. However, as the
consumption of juice during the sum
mer months had not been tested out
under the meter system, the injunc
tion was continued until Sept. 30, 1925,
although Mr. Graff was given permis
sion to put in record the evidence of
intervening months.
On Sept. 30, at Valdez, Judge Ritchie
continued the case to Seward for
fuurther hearing on October 3. At
* Seward, on October 3, additional tes
timony was submitted and the case
finally closed; at 5:35 p. m. the Court
signed its judgment in favor of the
City and against Mr. Graff.
The rates prescribed by Ordinance
No. 78 are in full force and effect,
and as the court declared such rates
to be not confiscatory, necessarily the
ordinance is in effect from September
2, 1924, as provided by; its terms, thus
making a refund due from Mr. Graff
for all current paid for at the rate of
15c; the section of the decree or judg
ment is as follows:
“That the Town of Seward, Alas
ka, a municipal corporation, do have
and recover of and from Samuel M.
Graff, all moneys received by said
Graff from said municipal corpora
tion, in payment of electricity con
sumed by it by meter in excess of
the rates prescribed for such serv
ice by Ordinance No. 78 of said
Town, during and covering the pe
riod from October 1, 1924, to Sept
ember 30, 1925,” thus permitting the
City to recover such overcharge.”
The third section or paragraph of
i the judgment gives to all inhabitants
of Seward who have paid the 15 cent
meter rate, the right to recover from
| Mr. Graff, and virtually is a judgment
against him for such excessive pay
ments. It is estimated that this
refund to the Town and citizens will
be about $3,000.
In case an appeal is taken it is esti
mated by attorneys that the costs of
appeal will be around $5000.
BANK CALL ISSUED
WASHINGTON, D. C., Oct. 5 (£>)—
The Treasury Department issued a
call for the financial statements of all
banks of the nation on September 28.
SUTHERLAND USES
PLANE INTERIOR
j FAIRBANKS, Oct. 5 (/P)—Dan Suth
ierlaiul, delegate to congress, left in an
'airplane today for the Livengood dis
j district. He plans to campaign the
interior districts by airplane.
DOGS OF FILMLAND
TO BE GUESTS AT
WOLFHOUND’S PARTY
I LOS ANGELES, Oct. 2.—Famous
1 dogs of filmland will be honored
! guests at a birthday party to cele
brate the second anniversary of Ilak,
giant Arctic wolf hound, at 1:30 and
7:30 o’clock Monday in the fore
court of Grauman’s Egyptian thea- j
| ter.
Rin-Tin-Tin, Peter tue Grear, Cam-1
eo and other famous screen canines, I
togetheh with the pure bred pets of
the celebrities of filmland, have been
invited to attend the party.
From responses to Lae invitations
all breeds of dogdom, from tiny hair
less Chihuahuas to huge Great Danes,
vieing in stature with their great
host, will attend the ceiebration.
C00LIDGE WILL
SPEAK AT OMAHA
! WASHINGTON, D. C., Oct. 5 (#>)—
President Coolidge and wife left on
a special train today to attend the
American Legion convention at Oma
ha, where he will speak Tuesday.
THREE OFFICERS
50 MEN DROWNED
HELSINGFORS, Oct. 5 (£>)—'Three
officers and fifty men were drowned
today when the Finnish torpedo boat,
SD-2 sank in a storm during naval
maneuvers. Three vessels took ref
uge off the Swedish and Finnish coast.
The Admiral Watson of the Paci
fic Steamship Company is expected
to arrive in Seward from Seattle
sometime on Thursday, according to
tho local office.
STAFF CHANGES
ANNOUNCED BY
PACIFIC S. S. CO.
E. G. McMICKEN GOES EAST FOR
THE WINTER—MANY PRO
MOTIONS ARE MADE
SEATTLE, Oct. 5 (JP)—Prior to his
departure! for New York to assume di
rect charge of the operation of the
express liner H. F. Alexander between
that city and Miami, Fla., E. G. Mc
Micken, passenger traffic manager for
the Pacific Steamaship Company an
nounced a number of promotions in
the passenger traffic staff of that
service.
Hugh B. Brittan, hitherto assistant
general passenger agent with head
quarters at San Francisco, is named
general passenger agent, and R. B.
Schutten, hitherto district passenger
agent at Los Angeles as assistant gen
eral passenger agent, while Iver J.
James, chief clerk to the passenger
traffic manager at the Seattle head
quarters is now promoted to be assis
tant to the passenger traffic mana
ger and will have charge of McMick
en’s Seattle office while fiis chief is
on the East coast.
While McMicken is on the Atlantic
Coast Hugh Brittan is to divide his
time between Seattle and San Fran
cisco with the local offices as head
quarters and Schutten is to remove
from Los Angeles to San Francisco
through dividing the time between
those two terminals of the Pacific
Steamship Company’s service.
FOOTBALL SCORES
SATURDAY GAMES
University of Washington 59 and
U. S. S. Oklahoma 0.
University Washington 56, West
Seattle A. C. 0.
Princeton 20, Amherst 0.
Washington State 9, University of
Montana 0.
Notre Dame 69, Lombard 0.
University So. Carolina SO, Pomona
College 0.
Multnomah Athletic Club 0, Univer
sity of Oregon 0.
Stanford U. 20, Santa Clara 3.
California 54, Nevada 0.
Nebraska Defeats Illinois
Nebraska defeated Illinois Saturday
by a score of 15-0, completely stopping
the Red Grange. Washington plays
Nebraska the 17th at Lincoln.
American Copper Market
Menaced By So. America
WASHINGTON, D. C., Oct. 5. (£>)—
The American copper industry is men
aced by South American and African
competition, Senator Cameron of Ari
zona, said today in a statement to the
press. He declared that a tariff of
at least six cents a pound is necessary
to protect the domestic industry
against the low productions costs of
the nations named.
ALABAMA MAN~
MAKES PROTEST
WASHINGTON, D. C., Oct. 5 (/?)—
Protesting that the proposals to abol
ish the Shipping Board, which he feels
would destroy the regional marine
representation operating the govern
ment merchant marine, Frederick I.
Thompson of Mobile, Alabama, the
commissioner representing the Gulf
States, resigned today, President
Coolidge accepting, effective Novem
ber 1.
CAPT. HENRY LYON TAKEN
FROM YACHT BY OFFICIALS
SAN FRANCISCO, Oct. 5 (£>)—'The
Examiner in an article today identified
Capt. Henry W. Lyon, who was taken
yesterday from the yacht, Lady Lou,
by prohibition officers after an excit
ing chase, as a former student of the
Naval academy at Annapolis and a
son of Admiral Lyon, retired. Lyon
was running liquor from Monterey to
San Francisco for a party in this city.
AMERICAN FEDERATION OF
LABOR HOLDS CONVENTION
ATLANTIC CITY, N. J., Oct. 5 (/P)—
The American Federation of Labor
opened its forty-fifth annual conven
tion with William Green presiding.
TAPS SOUNDED
FOR CREW S51 AT
SUBMARINE BASE
NEW LONDON, Conn., Submarine
Base, Oct. 5 (JP)—Taps were sounded
throughout the submarine base today,
a touching farewell by the Navy to
the dead on the submarine S-51, ram
med last week off this port by the
steamer City of Rome. More than
600 officers and men stood with bowed
heads with many friends of the dead
during the services. At sea Naval
men were toiling to recover the bod
ies of their dead comrades.
Diving Postponed Again
NEW LONDON, Oct. 5 rough
sea postponed the diving for the bod
ies on the S-51 this morning1.
I
EASTER DATE IS
FIXED BY CHURCH
2D SUNDAY APRIL
NEW MONTH CALLED SOL BE
PLACED ON CALENDAR—
BE THIRTEEN MONTHS
VANCOUVER, Wash., Oct. 5 (/P)—
Moses B. Cotsworth, Vancouver direc
tor of the International Fixed Calen
dar League, announced Saturday that
the League of Nations Committee on
Calendar Reform had fixed Easter’s
date permanently as the second Sun
day in April, all Christian church au
thorities having approved this plan.
The Committe is considering nam
ing the last day of each year “Inter
national Year Day,” dividing the fifty
two weeks in 13 months, the new
month, called “Sol” to be made up of
the last two weeks of June and the
first two weeks of July. Each month
will consist of four weeks and will
start on Monday, ending on Sunday.
Christmas *^vould come on the same
day of the week as well as would the
Fourth of July.
Mitchell Contradicted
By Lieut. B. J. Connell
WASHINGTON, D. C., Oct. 5 (/P)—
Lieut. Byron J. Connell, pilot of the
PN-9 No. 1 who testified before the
board today contradicted Col. Mitch
ell’s charge that “amateur bungling
by amateur flyers was responsible for
the seaplane’s failure to reach Hon
olulu.”
O. K. BARBERSHOP SOLD
Harry Kawabe last Saturday sold
the O. K. Barbershop to Jess Lan
der and George Swanson, who took
over the property today. Harry Bow
ers, who has been in charge of the
shop will leave on one of the next
boats for Oregon where he will go
into the stock raising business. The
new proprietors are well known and
popular barbers and will do a good
business.
JUDGE RITCHIE
OPENS SEWARD
TERM OF COURT
JUROR EXAMINED THIS MORNING
AND CRIMINAL CALENDAR
ANNOUNCED BY CLERK
Court Will Last a Month
Many Cases to Be Heard—McCain and
Waller Represent the United
States in Prosecutions
The Seward term of District Court
for the Third Division convened this
morning at 10 o’clock in the Federal
court room, Judge Ritchie presiding.
Jurors were examined as to their
qualifications after which they were
excused until 2 o’clock this afternoon.
The case of the United States of
America vs. Henry Emard was set for
trial tomorrow at 10 a. m. Attorney
L. V. Ray is representing Mr. Emard
while Harry G. McCain and J. L. Wal
ler, assistant district attorneys, are
representing the government. District
Attorney Sherman Duggan was not
present at the opening of couurt, hav
ing gone to Valdez on official busi
ness.
The case of the United States of
America vs. the Northwestern Fisher
ies Company is the second case on the
calendar. The fish company is repre
sented by Donohoe & Dimond.
The case of the Bank of Alaska vs.
Matt Raich, et al., w'as set down for
trial October 22. ^
Due to the number of additional
cases which will be heard here it is
expected the local term of court will
take up the entire month.
AIRPLANES MAKE
LONG FLIGHT
DETROIT, Oct. 5 (/P)—Fifteen out
of 17 airplanes competing for a com
mercial reliability tour from Detroit,
Mich., to Omaha, Nebraska, and re
turn, finished here yesterday. The
machines started on the flight Tues
day. One was wrecked in Missouri
and the other was forced down near
here.
VODKA FLOWS AS
RECRUITS SIGNED
MOSCOW, Oct. 5 (/P)—Russia be
came completely wet yesterday in
stead of October 1, when the Red Army
was recruiting.
U. S. S. CUTTER
HAIDA IN SEATTLE
SEATTLE, Oct. 5 (/P)—1The U. S.
coast guard cutter Haida arrived here
yesterday after eight months spent in
Northern waters on patrol duty. She
brought Charlotte Smith, a native
girl, who will go to school here. She
saw a metropolitan city, street cars
and autos for the first time.
The Haida transported sixty child
ren from Unalaska to Seward where
they were placed in the Jesse Lee
Home, nearly depopulating Unalaska
of its children.
John Renner, former resident of
Anchorage and Seward, who has been
in the employe of the Alaska Rail
road for some years past, left Sat
urday night for Cordova and Juneau.
The Seward Athletic Club will
meet at its first regular business
meeting tomorrow evening at the
High School buildiDg.