The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-15
CITY OFFICIAL PAPER.
AMusnMEnrs ToDAv.
THIRD AVENUE rHEATER-" I1uman
Hearts"
snAsrLn. FRIDAY, DEcrmsHn 10


CAPH NOME FOR POOR MEN.
The decision OF Commissioner Her
mann, OF the general land ONCE. as to
the Cape Nome beach II Of considerable
interest. The point passed upon Is too
important to Justify decided express
sion OF opinion. but these Is no reason
apparently why any one intending to
80 there should be deferred by any evil
effect the decision may have.
Numsrous applications are pending
before the interior department for per-
mission to locate upon the beach Of
Bering sea, on the coast Of Alaska, in
the vicinity of Cape Nome. individuals
and incorporated mining companies are
seeking to obtain concessions from the
government by which they may acquire
exclusive mining rights and privileges
pertaining to such tide lands. the object
being to take up claims and work them
by machinery for gold.
Tho commissioner decides that tide
lands in the district of Alaska are not
puhaic lands subject to disposal to In
dividuals under any of the existing laws
Of the United States. and that the de-
Dartment has no statutory authority to
make concessions to individuals Of any
mining rights upon such tide lands.
The commissioner cites In support OF
his position the case Of Shively W..
Bowlby. which was taken up from Ore
gon to the United States supreme court.
In that case it was held that the United
States. upon acquiring = territory.
whether by cession from one OF the
states. or by treaty with foreign coun-
try. or by discovery and settlement.
takes the title and the dominion Of
lands below high water mark Of tide
waters for the benefit OF the whole peo-
pie In trust for future states to be Gre
ated out of the territory, and it
will be further held that congress
has not undertaken, by general laws,
to dispose Of lands below high
water mark Of tide waters in terri
tory. but unless in case of some inter-
national duty or public exigency has
left the administration and disposition
Of the sovereign rights In such waters
and lands to the control Of the states
respectively when admitted into the
Union.
1t Is certain that the United States
government would not part with title
to such lands, and the decision referred
to only contained the law that has pre-
vailed from the earliest time. 1t is quite
another question whether the right to
take out gold may not be on a par with
the right to take fish out of the waters,
the jurisdiction over which is the same
as over tide land.
Assuming that to be the case, any,
body may wash gold out of the sand
between high water and low water, al
though there Is no authority by which
an exclusive right could be given to any
person. No doubt congress could, with
out trenching upon the statutory or
common law. extend temporary priv
ileges to persons or corporations for
the use Of such lands. provided that no
conveyance Of title were made. Those
seeking concessions do not want title
to the beach; they desire only to make
use of it for time. 1t is much the
same as II they were accorded lease.
because In principle 1t does not matter
whether the benefit derived from occu-
patton Of the land comes through the
washing VI sand for the gold 1t con-
tains. or for taking out clams. or de-
irving a revenue from a wharf con-
structed on the lands.
1t would be undoubtedly to the ad-
vantage of Cape Nome IL some such
privilege were granted under proper re-
striction. because there is a vast amount
Of gold in the sand which cannot be