The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-08-16

OF the law. as established by tho rev
code, will be invoked. Arrests have been
numerous, according to reports reaching
here by the steamer Centennial yesterday.
A test case was made by Frank SleEer
who refused TO move his rocker or quit
work. when ordered TO vaca;e a location
made on the beach by George w. Boards
ley and s. r. Caiden. and known as the
ophir beach claim. A criminal complaint
was sworn TO by Alexander Mckenzie.
general manager OF the Alaska Gold
Mining Company, who had purchased the
eoxi, so foot location from Beardsley and
Calden. The warrant was issued under
section IS OF the Alaska criminal CODE
charging trespass on a mining claim with
intent to commit felony.
This case was taken before Commits
sioner stevens who has rendered deci-
In Alaska. and that the original location
was legally made. Sieger has baen bound
over for appearance at the next term Of
court
Feeling Rams High.
Feeling among the miners is running
high over the loss OF the beach. and every
legal EFFORT. II Is said. will be made to
reverse the decision.
mass-mceting of miners was called at
Nome August 2 at which resolutions were
adopted 10 form a protective organization
and assert and claim the rights OF Amer
lean citizens to mine the beach without
interference by any man or corporation.
Al the meeting II I, t'Deep creek'D
Jones. former chairman OF the Democratic
state central committee. took an active
part. The purpose Of the miners assooia-
ton il. first. 20 contest the right Of opera
ton Of the criminal law In the preni-
srs. and. falling in this 20 prosecute an
eHort 10 have section ~ OF the Alaska
code under which Commissioner Stevens
rendered his decision, repealed.
The court. after reviewing the facts as
set forth IN the complaint and portion
q the evidence as relating TO priority Of
The defendant In his statement 20 the
court. admits that he has been engaged
In mining with a rocker on the complain
ants claim. hut contends that his opera
tons have been confined 70 a strip % land
running along the shore line Of the sea
commencing al mean high tide. and sixty
fee; In width. extending Along the shore
lire scrGxs the entire claim. which rtrlp.
the defendant contends. Is no; subtle, 80
location ss 4 mining claim, but ~ part
% the public highway. The question ~
fors. resolves ITSELF into the question
whsthcr or not there IL roadway extend
ing along the beach ~ Boring sea, and
over the claim In question. sixty fee. IN
wi3th above the line known as hlgh-,ide
ilno. AEa which In law - not subject 70
loraren as q pArt % a mining claim
the United States declares that All val
uaNic mineral deposits In lauds belonging
20 the United States. both surveyed asa
unsurFe3ets. &re hereby declared 70 he
free ana open % expioration and bur-
chase ard the act OK May Il. 1884 provtA-
INK civil code for Alaska. declared that
'the Laws % the United States relating 10
mining claims. and the rights lnr.fNn,
thereto. shall from and after the passage
81 this act BE- 10 fun force and effect in
said district being the district OF Alas
La
>nbject to Mineral Location.
From this 6; would seem 70 follow that
he ~
States IN this district have since the PAS
sage vt the lazt-named act been subject 10
mineral location except those to which
Title may have been acquired under other