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Brief for Valentine


Three different litigants filed suit against Bernard Moore and his backers in October 1897. Emery Valentine, known as "Valentine et al.",  represented one of the three groups. Born in Dowagiac, Michigan in 1858, Valentine was a Juneau merchant who owned several endeavors, not the least of which was a jewelry store and a general store. He came to Juneau in May 1886. He served on the Juneau city council for seven terms, and was its mayor for six of those terms. A staunch Republican, he served as a representative on the committee for statehood from 1912 through 1914. He organized Juneau's city water and fire departments, and the wharf companies for both Juneau and Skagway.  The brief for his lawsuit was filed on October 21, 1897 in response to the claim by Bernard Moore to 160 acres at Skagway. 






In the Matter of the application and notice of Bernard Moore for a U. S. patent to a certain piece of land entry made under the Act of Congress approved March 3rd, 1891, relating to survey and entry of lands in Alaska, which said land is located and situate in the District of Alaska and more particularly described hereinafter.

To the REGISTER and RECEIVER of the U. S. Land Office, and the above named Claimant:

    Whereas Bernard Moore, the applicant, did on September 16th, 1897, file in the U. S. Land Office at Sitka, Alaska, a certain plat of a survey of a certain piece or parcel of land together with his application for a U. S. Patent for said land and known as survey No. 13 and containing 160 acres of land situated in the said District of Alaska, and that the said Bernard Moore did at the same time and place give no­tice of final proof and entry and that he would apply for a U. S. Patent at the U. S. Land Office at Sitka, Alaska, on the 4th day of November, 1897, at 2 o'clock, and which said notice which was signed by one John W. Dudley who purported to act as Register of the said U. S. Land office at Sitka, and all persons claiming adversely were required to file a protest or adverse claim on or before the said 4th day of November, 1897, which said notice of final proof and entry is hereto attached and referred to and made a part of this adverse claim and which said land for which a patent is asked is particularly described by metes and bounds in said notice and which said land is the same as is in controversy and referred to in these protests and adverse claims.

And whereas the said notice of final proof and entry has been pub­lished in the Alaska Mining Record, a weekly newspaper published and printed at Juneau, District of Alaska, and said notice is in forms, words, facts and figures as the notice hereto attached.

    NOW THEREFORE, I, E. Valentine, a citizen of the United States over the age of twenty-one years residing in and my Postoffice [sic] address being Juneau, Alaska, and W. J. Rose & Company, a co-partnership con­sisting of W. J. Rose, Robert M. Adams and Joseph Owens, and W. F. Saportas, J. G. Coslett, Jacob Bloom, H. J. Poster, George C. Coe and Thomas M. Stevens, J. M. Tanner and Charles Sperry and the Skaguay Wharf and Improvement Company, consisting of E. Valentine, J. P. Jorgensen and E. O. Sylvester, all residents end citizens of the United States by their attorney in fact, E. Valentine, do on this 21st day of October, 1897, enter this their protest and adverse claim against the issuing of a patent to the said Bernard Moore for his pretended claim upon the so-called trading post set forth in his said plats and field notes aforesaid and notice of final proof ant entry for the following reasons, to-wit:

    1st. That said adverse claimants have been informed and believe that said Bernard Moore was not at the time of entering upon said land and is not now a citizen of the United States.

    2nd. Because the said Bernard Moore at the time of entering upon said land and having the same surveyed and at the time of filing the plats and field notes in the office of the said U. S. Register of Land at Sitka, Alaska, nor never has used the said land for trading and commercial purposes, nor has the said Bernard Moore or anyone in his behalf used the said land or any portion thereof as a trading post or for any purpose whatsoever as contemplated under the Act of Congress approved March 3rd, 1891, relating to survey and entry of lands in Alaska for trading, commercial or any other purpose therein mentioned.

    3rd. Because said Bernard Moore has not entered the land in good faith but has mortgaged and disposed of a portion, if not all, of said land to Billinghurst and Escolme both of whom are foreigners and not citi­zens of the United States and who represent the Northwest Trading & Transportation Company, a corporation organized and existing under the laws of England or the Dominion of Canada.

    4th. Because Bernard Moore has never for himself put any improvements upon said land or any portion thereof prior to the time of filing his field notes and surveys and the publication of the notice hereto attached except a log cabin which the said Moore used as a residence. That the other improvements put upon said land have been made by said Billinghurst and Escolme for the uses and purposes of the said foreign corporation.



District of Alaska.

On this 31st day of October, 1897, before me the subscriber [sic],a Notary Public in and for the District of Alaska, personally appeared the above named E. Valentine, who being first duly sworn says: That he is one of the adverse claimants named in the foregoing protest and adverse claim above subscribed by him and that he is the attorney in fact for the other adverse claimants mentioned therein. That he has read the same and knows the contents thereof; that the same is true in substance and in fact; and that the said adverse claims and claim are made in good faith and to protect his and the other adverse claimants for whom he is acting as attorney in fact, and each of their, better and prior title.   


                             Emery Valentine

Subscribed and sworn to before me this 21 day of October, 1897


                             Jno R. Winn

                             Notary Public, Alaska


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