The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-24
PERMITS TO DIG FOR GOLD.
AUTHORITY UNDER WHICH SECRE-
TARY ROOT GAVE THEM.

They Are Not Concessions or Grants,
But simply Permission to Dredge
Along the Coast where the Work
Does Not Interior With AnX Nnvi-
gable Waters-There Is a Penalty
for Dredging in Alaskan Waters
without Such IA Permit.
Washington, March 23.-Secretary Root
to-day transmitted to the Senate his re-
ply to the resolutions of March p, re-
questing information on the war depart
ments practice of granting permits Yor
gold dredging off the Alaskan coast.
He says:
NO concessions or grants to excavate
the gold bearing bed of the sea at or In
che vicinity of Cape Nome, in Alaska
or in other Alaskan waters, have been
made by the secretary of war or Sny 9th
er official of the war department. Numer-
Gus applications have been received by
the war department for permits to exca-
vate in the bed of the ocean in the vicin-
ity of Cape Nome in Alaska. in the exer-
else of the authority conferred by Section
10 of the act of Congress approved March
3, 1899.
Section u, of the same statute, makes
it criminal offense 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 exceed
ing $500 nor less than $500, or by impris-
onment not exceeding one year or by both
such punishments in the discretion of the
court. Permits thus granted are not ex-
elusive; they do not preclude any num-
her of similar permits applicable to the
same territory; they are not grants or
concessions, and they confer no rights
whatever except immunity from prosecu-
ton under the statute above quoted secur-
ed in accordance with the terms of the
statute, and by reason of compliance
with the provisions thereof.
AS there seems to be no legaI reason
why all citizens of the United States
should not have the opportunity to pros
peet for gold 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 discre-
ton vested liz the chief of engineers and
Secretary of War by this statute to re-
lieve all citizens applying from the obsta-
Gle interposed by this statute as long as
their proposed operations do not, in fact,
interfere with navigation.
"All applications made underthis stattife
have accordingly, so far as it has been
possible to dispose of them, received fav-
orable action. No application of this de-
scription has been denied. Upon two per-
mits they have been granted Upon a
third, papers have been pre- pared and were
awaiting the Secretary of Wars signature
at the time of the passage of your resolu-
lions. Three others were approved by the
chief of the engineers and were in the
hands of the Judge Advocate General for
the preparation of the necessary papers.
Eleven Others are still in the office of the
chief OF engineers in process of examina-
ton upon the question whether they in
terfere with navigation. -Four more, just
received, are in the Office of the Secretary
of War and will to-day be sent to the
chief of engineers.
"Unless otherwise directed by Congress,
the Secretary of War will deem 1t his
duty, in the exercise of the discre ton vest
ed In him by law, to grant permits in all
of these cases, and upon all other similar
applications by citizens of the United
States, providing that the work proposed
does not injuriously affect navigation