The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-24
SECRETARY ROOTS REPLY
H. Explains the Grant Of the Alas
kan Mining Concessions.
An Answer to the senate Resolution
oF Enquiry-NO Exclusive Rights
Givcn-Pcrmits Issued to- DredGe
in Government Waters Near Cape
Nome - Governor BradH's Letter

The Secretary Of Wars answer to the
Senate resolution. presented by Mr.. Turner
OF Washington. asking whether any con
ccssions or grants to excavate the gold
bearing bed OF the sea at OF 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 eNea-
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 thar he was
dissatisfied with the Secretary 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 cXcav3te
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 ths Secretary Of War by
section lG Of the act Of Congress approved
March Wh y,rnvfIa=-
shall not be lawful to excavate or fiji, or
IN any manner to alter or modify the
course, location, condition. or capacity Of
any port. rOadstead haven, harbor. canal,
lake, harbor of refuge, or enclosure within
the limits of any breakwater, or Of the
channel Of any nayigable 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 y of the same statute makes it
a criminal offence to excayate 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, 500.
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 tn
protection OF navigation, il 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 nura-
ber Of similar permits applicable 10 The
same territory; they are not grants or con
cessions, and they confer no rights what
ever except immunity from prosecution un-
der the statute above quoted secured in
accordance with the terms Of the statute.
and by reason Of a compliance with the
provisions thereof.
"As there seems TO be no legal reason
why all citizens Of the United States should
not have the same opportunity to prospect
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 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-
eratious do not in fact interfere With nayi-
cation All applications made under this
statute have, accordingly so far as it has
been possible 10 dispose Of them, received
favorable action. No application Of this
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 we're in the hands Of the
Judge Advocate General for the prepaTa-
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 Il his duty in
the exercise Of the discretion vested in him
I by law to grant permits in all OF these
cases. and upon all other similar npplica-
tions by citizens OF the United States. pro-
yided that the work proposed does not in
juriously affect navigation.
4 annex hereto a 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 in the preparation OF the papers
in the other cases. Very respectfully.
"ELIHU ROOT.
Secretary Of War"
Applicants for Permits.
Il is shown By one of the appended pa
pers that authority to excayate in the sea
near Cape Nome was granted to George
Max Esterly and Benjamin W Stanley. An
application Of r. 5 Wood was awaiting
the Secretary's signature at the time the
resolution was received. Nineteen other
applications have been received and are
under consideration by the proper officers
OF the War Department The names OF
the nineteen are Harvey T. Harding. Gus
tayus r. Brown Hank Summers. l.. 3. C..
List. Edmond G. Glduer VIM NJ Reece
Herman D. Reeve, John j. Chambers.
Frederick s Keyes. T. ". Cope. Pere c.
Waumo s V. Matchett H. J. Dawson.
". j. Nilr0y. II. o. Green J. Eugene .Jor-
dan. w. c. Mentzger, II. II. Tedford and
f. r. Haddock.
The form used in granting Esterly and
Stanley authority to eXcavate was subse-
quently changed and hereafter authority
will be granted in accordance with the
conditions Of the new form. The first
form sets forth the section OF the River
and HaTbor act Of March g. 1899, governing
the granting Of permission for individuals
or companies 10 excayaJe in the navigable
waters of the United States. notes that
application has been made for such per
mission a blank space being, used TO de-
scribe the area within which the applicant
desires TO eXcavate off Cape Nome, says
that this work has been recommended by
the Chief of Engineers. and after granting
the necessary authority in express terms
concludes with the following condition.