Vedin v. United States, 257 Fed. 550 (C. C. A. 9th Cir.). IN THE DISTRICT COURT FOR THE TERRITORY OF ALASKA, FOURTH JUDICIAL DIVISION United States of America, Plaintiff, G. A. Vedin, Defendant. Count I G. A. Vedin is accused by the Grand Jury for the Fourth Judicial Division, Territory of Alaska, convened at Fairbanks, for the regular March, 1918, Term of the District Court by Count I, of this indictment, of the crime of perjury, committed as follows, to wit: That during the year one thousand nine hundred and sixteen, and especially during the whole of the month of December, 1916, said defendant, G. A. Vedin, claimed to be the owner of an undivided interest in and to that certain placer mining claim in the Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, known as the Iowa Association, situated at the mouth of VOL. III-32 497 Poker Creek, a tributary of the Chatanika River, which said claim of ownership was supported by a notice of location which had been by him theretofore recorded in the office of the Recorder for the said Fairbanks Precinct. That on the 2d day of January, 1917, the said defendant, G. A. Vedin, unlawfully, feloniously and knowingly, made a false affidavit in writing in words and figures às follows, to wit: AFFIDAVIT OF ANNUAL LABOR. 66 G. A. Vedin, being first duly sworn, deposes and says: That at the instance of affiant one of the owners of the following described placer mining claim known as the Iowa Association situated on mouth of Poker Creek, and Chatanika River, a tributary of Tolovana River in the Fairbanks Mining and Recording Precinct, Alaska, the annual assessment work for the year 1916 was performed between the 1st day of January, 1916, and the 25th day of December, 1916, and that the value of the said work or improvements is $100.00/100 upon the said claim. The work or improvements consisting of, and placed with reference to the boundaries of the said claim as follows, to wit: Drill holes and other improvements about 100 feet from the Northern Boundary; and about 700 feet from the Western Boundary, on said claim. And that such work or improvements by the owner aforesaid. The above-described work was performed by affiant et al. G. A. VEDIN. Subscribed and sworn to before me this 2 day of January, 1917. (Seal) ALBERT R. HEILIG. A Notary Public in and for the Territory of Alaska. Com. exp. June 18, 1917." And on said day subscribed to the same and swore that the same and all of the allegations thereof were true as he verily believed, before Albert R. Heilig, who was then and there a duly qualified and acting notary public for the Territory of Alaska, and then and there duly authorized by law to administer such oath. That the making of an affidavit of annual assessment work in order to hold a placer mining claim was on said 2d day of January, 1917, and ever since has been required under and by virtue of Chapter 10, Session Laws of Alaska for 1915, which said act provides that upon a failure to make and record an affidavit that the annual assessment work has been done as required by said act, within 90 days after the close of the calendar year in which such work was done or the improvements made, that such claim shall be deemed abandoned and the claim subject to relocation. That thereafter, to wit, on the 29th day of January, 1917, the said defendant filed the said affidavit for record in the office of the recorder for the Fairbanks Precinct, aforesaid. That in truth and in fact, no assessment work for the year 1916 was performed upon said above-described mining claim as set forth in said affidavit or as required by law, all of which the defendant G. A. Vedin, knew at the time of making said affidavit as aforesaid; contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America. Count II G. A. Vedin is accused by the Grand Jury for the Fourth Judicial Division, Territory of Alaska, convened at Fairbanks, for the regular March, 1918, Term of the District Court by Count II, of this indictment, of the crime of perjury, committed as follows, to wit: That during the year one thousand nine hundred and sixteen, and especially during the whole of the month of December, 1916, said defendant, G. A. Vedin, claimed to be the owner of an undivided interest in and to that certain placer mining claim in the Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, known as the Heckla Association, situated on Poker Creek, a tributary of Chatanika River, which said claim of ownership was supported by a notice of location which had been by him theretofore recorded in the office of the Recorder for the said Fairbanks Precinct. That on the 2d day of January, 1917, the said defendant, G. A. Vedin, unlawfully, feloniously and knowingly, made a false affidavit in writing in words and figures as follows, to wit: "AFFIDAVIT OF ANNUAL LABOR. 49089. Territory of Alaska, Precinct, ss. G. A. Vedin, being first duly sworn, deposes and says: That at the instance of affiant one of the owners of the following described placer mining claim known as Heckla Association situated on Poker Creek, a tributary of Chatanika River in the Fairbanks Mining and Recording Precinct, Alaska, the annual assessment work for the year 1916 was performed between the 1st day of January, 1916, and the 25th day of December, 1916, and that the value of the said work or improvements is $100.00/100 upon the said claim. The work or improvements consisting of, and placed with reference to the boundaries of the said claim as follows, to wit: about 300 feet from the Northern Boundary and about 200 from the Eastern Boundary, consisting of drill holes and other improvements on aforesaid claim. And that such work or improvements by the owner aforesaid. The above described work was performed by G. A. Vedin and others. G. A. VEDIN. Subscribed and sworn to before me this 2 day of January, 1917. (Seal) ALBERT R. HEILIG, A Notary Public in and for the Territory of Alaska, Com. exp. June 18, 1917." And on said day subscribed to the same and swore that the same and all of the allegations thereof were true as he verily believed before Albert R. Heilig, who was then and there a duly qualified and acting notary public for the Territory of Alaska, and then and there duly authorized by law to administer such oath. That the making of an affidavit of annual assessment work in order to hold a placer mining claim was on said 2d day of January, 1917, and ever since has been required under and by virtue of Chapter 10, Session Laws of Alaska for 1915, which said act provides that upon a failure to make and record an affidavit that the annual assessment work has been done as required by said act, within 90 days after the close of the calendar year, in which such work was done or the improvements made, that such claim shall be deemed abandoned and the claim subject to relocation. That on the 2d day of January, 1917, the said defendant filed the said affidavit for record in the office of the recorder for the Fairbanks Precinct aforesaid. That in truth and in fact no assessment work for the year 1916 was performed upon said above-described mining claim as set forth in said affidavit or as required by law, all of which the defendant, G. A. Vedin, knew at the time of making said affidavit as aforesaid; contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America. Count III G. A. Vedin is accused by the Grand Jury for the Fourth Judicial Division, Territory of Alaska, convened at Fairbanks, for the regular March, 1918, Term of the District Court by Count III, of this indictment, of the crime of perjury, committed as follows, to wit: That during the year one thousand nine hundred and sixteen, and especially during the whole of the month of December, 1916, said defendant, G. A. Vedin, claimed to be the owner of an undivided interest in and to that certain placer mining claim in the Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, known as the Dakota Association, situated on Poker Creek, a tributary of Chatanika River, which said claim of ownership was supported by a notice of location which had been by him theretofore recorded in the office of the recorder for the said Fairbanks Precinct. That on the 2d day of January, 1917, the said defendant, G. A. Vedin, unlawfully, feloniously and knowingly made a false affidavit in writing in words and figures as follows, to wit: "AFFIDAVIT OF ANNUAL LABOR. G. A. Vedin, being first duly sworn, deposes and says: That at the instance of affiant one of the owners of the following de |