Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-08-21
STEVENS DECISION.
Important Decision Regarding Beach
Mining Made by Commissioners
Stevens at Cape Nome. 35ss
Holds that the Sixty Foot Strip Along
the Beach is Subject to Loca-
ton by Claim.

s1l ,l ton by Claim.
Decision Affects the Rights of Miners
to Rock the Sand at Will Along n
the Beach.
Seattle, Aug. 21.Cape Nome gold
beach has been officially declared to-
be no longer a poor mans heritage
A decision just rendered by United
States Commissioner Stevens holds.
that the sixty-foot roadway along the.
shore of Bering sea does not exist, and
that if it ever did exist it was done
away with by section '26 of the new
Alaska code, adopted by congress last
June. rs {S ss 3. X E5
Under the commissioners decision,
the beach is subject to location, and
the filings of large corporations and
few individuals made last fall, and
which have always been contended to
be illegal, are now established as valid.
Arrests have been numerous, accord
ing to reports reaching here by the
steamer Centennial yesterday.
A test case was made by Frank Sic
ger, who refused to move his rocker or
quit work, when ordered to vacate a.
location made on the beach by George
w. Beardsley and S. r. Calden, and
known as the Ophir beach claim "A
criminal complaint was sworn out by
Alexander Mckenzie, general manager
of the Alaska Gold Mining Company,
who had purchased the 6Ox132O- foot
location from Beardsley and Calden.
The warrant was issued under section
% of the Alaska criminal code, charg-
ing trespass on a mining claim with
intent to commit felony. s
This case was taken before Commits
sioner Stevens, who has rendered a
decision that no sixty-foot roadway
exists in Alaska, and that the original
location was legally made Seiger has
been bound over for appearance at the
next term of court, q n ..ss
Feeling among the miners is run
ming high over the loss of the beach,
and every legal effort, it is said, will
be made to reverse the decision.
"a mass meeting of miners was called
at Nome August 2 at which resolu-
tions We're adopted to form a protec-
tive organization and assert and claim
the rights of American citizens to mine
the beach without interference by any
man me- Or corp poration. IS sss
At the meeting Fl. I. ("Deep Creek'O
Jones, former chairman of the demo-
cratic state central committee, took an
active part. The purpose of the min
ers' association is, first, to contest the
right Of operation Of the criminal law
in the premises, and, failing in this, to
prosecute an effort to have section 26
OF. the Alaska code, under which Com
missioner Stevens rendered his deci-.
sion, repealed. # U ;.;.35 s5
The court, after reviewing the facts
~ - ~ = ~ 41ie coill pialnt' ana q
portion Of the evid dence as relating to-
priority Of location, says: s# 5.s
The defendant in his statement to-
the court, admits tnat he has been en-
s = - -. nil.iins "a Wiln = rocker oll 1ne
soni : .iai1n' pue coneenos tna1
~ epel aeions ia " oeell collnllea g q g
=. = ui, ,ana nniils aions ene snofe
{. lns !. ,eue sea, .cs'hilllslcing g mean
isl pi'ie' anu slA.y ieet II '9'is Wldsn' eA-
!. .snuing .,,'l'l aions 'ne shore me across
~ ns'1e e1aii, y nical sserip me ae'-
nuaus coneeilus' = noe suo1ect5t ps to 'o-
: - s. s iliins caslllll' pus = 2 part
Z. J.. .iie IF ,lWas. ine queseion
& & ~ ueiealuane Z sun. q, 81 innocence