The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-09
PROBLEM OF ALIEN RIGHTS.
Can Foreinners Legally Constitute
Miners Associntion or Act ms
Powers of Attorney, Though suf-
fered to Retain Property Claimed
Before Declaring Intention 10 He
come Citizens-The Alaska Laws.

in their entirety, with the regulations IN
der them provided by the interior depart
rnent, apply to Alaska. These are COM
piled in brochure form, and may be pur-
chased at any we-stocked book store
and often at newspaper stands.
As Alaska IL a district merely, and en-
toys no internal law-making powers, the
federal mineral or mining laws are in no
sense interpreted or extended by any au-
thority other than the local or district
organization OF miners and the federal
courts.
The only seriously disturbing questions
Of mineral rights which have arisen In
Alaska are associated with the history or
Cape Nome, and relate to the gulch, the
tundra and the beach locations all placer.
Here allen ownership the right to mine
tide lands and the assumption by aliens
20 enact local legislation constitute COM
pick problem that may lead to much vex-
Ing legislation.
One Phase of the Problem.
In all essentials the local miners asso-
citation is fortified under the federal law
as a mining district legislature, with Inn
tied powers. The purpose OF this con.
ferred authority is 60 enable the group OF
dscDverers in district TO do each other
and those who come after justice In the
matter OF the size OF claims and In the set
Element Of boundary disputes. This au-
thority IL nredlcated on the suffrage of
those who are granted It. That is to say,
It would be absurd TO contend that con-
RreaH gave such authority to any NUMBER
Of foreigners who might discover gold
fields IN the territory Of the United States.
il was an authority Of local government
with implied executive power, conceded TO
citizens Hence the strlkingly placid and
peaceable experiences Of gulch mining dis
triets. 40 far AZ titles wsre concerned,
throughout the pioneering developments
From this concession OF authority. Civ
ing every latitude 10 the principle OF fair
play, came the early policy of small dtvi-
sons of ground in rich fields or gulches
No minimum area was prescribed for
the land legislation OF the miners. but
those provisions OF the law intended to
encourage large placer operations IN
ground that would not pay individual eff
fort fixed the maximum acreage OF claims
at twenty acres. In furtherance OF this
latter design the law provides that part
nershlp of men may exercise the twenty
acre location privilege to the extent of
taking up 100 acres and doing assessment
work for all on a single claim. While
maximum claims located I'm this manner
on the richest imaginable ground are e-
gal typical or genuine American miners
outside Of Alaska have never taken adj
vantage OF the right. preferrtng rather to
give others who came after show TO
iecompensc themselves for their enter
prise and the hardships they suffered
American Miners Are Generous.
In Alaska, the miners of the Yukon
basin particularly. have been justified by
the shortncss of the mining season the
difficulties Of summer prospecting. the re-
moteness of food supplies and the neces-
sity OF mining during the frozen period
when they could be prospecting TO the
best advantage In taking up the largest
claims allowed by the federal law SO II
became the custom OF the district assocta-
tion TO readopt tho twenty-acre provision.
with the exception Of a few creeks and
gulches, until the Cape Nome beach dig
ginGs were discovered
While the federal statutes prescribe
that the claimant of mining property shall
he a citizen Of the United States, the
question OF alien ownership has never
been raised In the courts and American
placer miners have shown no disposition
70 deny aliens who have endured their
dangers ana deprivations a share in the
PROFITS or gnlch work
Americans rather invite aliens to be-
come citizens and toin In the benefits ac-
cruing from the development OF the couu-
try. iAndley. the authority on mining
law. SAYS II suttices for an alien discoverer
or locator To declare his Intention nf citi-
Eenship and proceed with the process Of
allegiance. At an events the allen claim
ant has enjoyed Ike privileges OF location
With the American citizen
As Ibis risht Is one not provided for by
law and f. enjoyed as a generous teler-
aneo, can Il imply further rights of citi-
EspEhipf Is he qualified as an alien. in
other words. and before having declared
hiF Intention ~ citizenship 20 serve an
other alien under power ot attorney and
he becomes the legislator as \ member OF
a district miners association
1obhitng the Rich Clutches
These are the grave questions that viii
Affect The ttucs to tho guloh mines ~
Cspp Nome. iuasmuch rs alien reindeer
herdeJs and missionaries not only took up
a great acreage 20 valuable guich prop
eyty under powers ~ attorney. and rs
vote controlled thc deliberations ~ tho
nfst miners association that adopted the
maximum limitations ~ claims hut they
went further ana organized pRrtur-shlps
~ take ADVANTAGE IF 'hr federal statutes