The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-24
SECRETARY ROOTS REPLY
He Explains the Grant Of the Alas
kan Mining Concessions.

An Answer to the Senate Resolution
of Enauiry--NO Exclusive Rights
GiycD-Pcrmits Issued to DredEe
in Government Waters Near Cape
Nome Governor Brady's Letter.
The Secretary of Wars answer to the
Senate resolution. presented by Mr.. Turner
of Washington, asking whether any con-
cessions or grants to excayate the gold
bearing bed of the sea at or near Cape
Nome. Alaska. or in the Alaskan waters.
had been made to any individual. cor
poration or association by the Secretary
Of War or any other official Of the War
Department. and directing him, If so, to
inform the Senate by what form OF au-
thority the concessions were made. was
transmitted to the Senate yesterday. In
addition to a statement of the facts in the
matter the Secretary sent copies of the
forms used in permitting persons to exea-
yate in the sea near Cape Nome. the names
of the persons to whom such authority was
given. and a letter TO Mr.. Root from Cover
nor Brady OF Alaska, denying that he was
dissatisfied with the Secretary's action.
In his statement in answer to the reso-
luton the Secretary, after reciting the
text OF the resolution, says:
No concessions or grants to excdvate
the gold bearing bed of the sea at or in
the vicinity of Cape Nome, in Alaska, or
in other Alaskan waters have been made
by the Secretary OF War. or any other
official of the War Department. Numerous
applications have been received by the
War Department for permits TO excayate
in the bed of the ocean in the vicinity of
Cape Nome. in Alaska, in the exercise of
the authority conferred upon the Chief of
Engineers and the Secretary OF War by
section 1G of the act of Congress approved
March 8 1899, which provides: 1t
shall not be lawful to excavate or fill, or
in any manner to alter or modify the
course, location, condition. or capacity of,
any port, roadstead, haven, harber. canal.
lake, harbor of refuge or enclosure within
the limits of any breakwater, or Of the
chaLnel OF any navigable water of the
United States, unless the work has been
recommended by the Chief of Engineers,
and authorized by the Secretary OF War
prior to beginning the same
A Criminal Offence.
section u of the same statute makes it
a criminal offence to excavate without the
required authority. however lawful the
work may otherwise be and provides that
the offender. on conviction thereof, shall
be punished by fine not exceeding 81 800.
nor less than $500, or by Imprisonment not
exceeding one year or by both such pun
ishments in the discretion of the court
AS this statute was designed solely for the
protection Of navigation. 1t has been the
practice Of the War Department 10 grant
to persons desiring to excayate for any
purpose, when the work is not such as to
iniuriously affect navigation and is other
wise lawful. Permits thus granted are not
exclusive; they do not preclude any num-
ber of similar permits applicable TO the
same erritory; they are not grants or con
cessicns, and they confer 10 rights what
ever except immunity from prosecution uD-
der the statute above quoted secured in
accordance with the terms Of the statute.
and by reason of a compliance with the
provisions thereof.
| LAS there seems TO be no legal reason
why all citizens Of the United States should
not have the same opportunity to prospect
for geld and acquire mining rights under
the mining laws upon land under water as
| they have upon lands not under water. the
Department determined as a general policy
in the exercise OF the discretion vested in
| the Chief of Engineers and Secretary of
War by this statute TO relieve all citizens
applying from the obstacle interposed by
this statute as long as their proposed op
| erations do not in fact interfere With nayi-
! cation All applications made under this
statute have, accordingly. SO far as it has
/ been possible TO dispose of them, received
| favorable action. No application OF this
I description has been denied. Upon two.
! permits have been granted. Upon a third
papers had been prepared and were await
| ing the Secretary Of Wars signature at
| the time OF the passage of your resolution.
| Three Others were approved by the Chief
OF Engineers and were in the hands Of the
| Judge Advocate General for the prepaIa-
| tion OF the necessary papers. Eleven others
are still in the office of the Chief of Engi-
! neeTs in process OF examination upon the
| question whether they interfere with nav
| igatiOn. Four more Just received are in
| the Office OF the Secretary of War, and will
| today be sent to the Chief of Engineers
Unless otherwise directed by Congress, the
| Secretary of War will deem Ii his duty in
the exercise OF the discretion vested In him
! by law TO grant permits in all of these
cases. and upon all other similar appIica-
| tions by citizens OF the United States pro-
| yided that the work proposed does not in
| juriously affect navigation.
| Il annex hereto 4 copy of the form of
| permit prepared by the Judge Advocate
| General and used in the first two cases
and also an amended form which has been
prepared by the Judge Advocate General
for the Secretary OF Wars signature in the
| third case mentioned, and which is being
followed III the preparation of the papers
| in the other cases. Very respectfully.
f'ELIHU ROOT,