v0767-611

'/

hi the United States Circuit Court of Appeals for

the Ninth Circuit.

No. 2171.

JAME8 T. BARRON,

Appellant,

vs.

CLAIRE J. ALEXANDER,

Appellee.

BRIEF OF APPELLEE.

Upon Appeal from the District Court for the

District of Alaska, Division No. One.

STATEMENT OF FACTS.

The undisputed facts, as shown by the evidence in

this case, are substantially as follows :

That James T. Barron, the appellant, claimed to

be the owner and in possession of a tract of land,

consisting of 5.27 acres, located on the south shore

of Admiralty Island, in the Territory of Alaska,

known as Survey No. 804-B; that said land has a

frontage on Chatham Straits, an arm of the Pacific

Ocean, of approximately 800 feet. That in the

spring of 1911, appellee commenced the construction

of a fish-trap in the waters of Chatham Straits, op-

posite and in front of said tract of land, and com-

pleted the same prior to the trial of this suit; that

said fish-trap, as located and driven by appellee, was

entirely below the line of extreme low tide and in

the navigable water of Chatham Straits. That said

tract of land was a barren waste covered by forest

and boulders and was wholly unimproved, with the

---

archive.org Volume Name: govuscourtsca9briefs0767

Volume: http://archive.org/stream/govuscourtsca9briefs0767

Document Link: http://archive.org/stream/govuscourtsca9briefs0767#page/n610/mode/1up

Top Keywords (auto-generated):

trap, fish, water, land, upland, tide, alaska, wharf, navigable, right, straits, waters, chatham, build, access

Top Key Phrases (auto-generated):

fish trap, chatham straits, navigable water, tide lands, low tide, navigable waters, deep water, alaska packers, trap site, lead pile, tide land, packers association, bare rock, fish trap., extreme low

Document Status: UGLY