The Nome nugget., 1900-01-01

generally understood that the land of flee has so construed the law. But upon inquiry there I was again met with polite put emphatic denial, and a wish that the men who made such statements had acquainted themselves with the facts before making such pos | itive assertions.
 Beach Roadway Cuts No Figure.
 This question came up in connec- tion with the Logan case above men, tioned, and the secretary said: The effect of this provision (providing for the 60-foot roadway has not been suf- ficiently considered by this department to justify any expression of opinion at this time.' At the same time I was in- formed that the department would not construe that provision until case should be brought before it on a con- tested application for a patent for land covered by the roadway. Such case cannot be brought to the depart ment within a year, so that the de- cision will be of no use to those desir- ing to work the coming summer. i And, furthermore, the official with whom I talked, and several other prominent officials, have assured me | that by no possible contortiOn could the act providing for the roadway be construed to affect in any way claims taken up under the placer mining | laws.
 "A further effort in behalf of the beach miners was made in the Lacey | bill before the house. This measure was, however. so poorly drawn that it did not effect the purpose intended for it, as it expressly exempted lands To- cated prior to it's passage, in accord ance with the act prescribing the road way. The ameINment in the senate by Senator Berry to the Carter bill was aimeu at the same condition of af- fairs But after careful discussion it was voted down in the senate upon the ground that the 60-foOt roadway was already taken up by prospectors, most of whom were as poor and in as great need as any others who search for gold. It was pointed out that these men had gone there on an uncertainty, many of them after years of prospect ing in Alaska, and located their claims in good faith, and that they ought not to be put out of their rights for the benefit of those who came afterwards, when the field had been found to be rich.
 There are in the senate number of old Western miners who believe that the prospector who goes first and locates the claim, should in every case be protected as against those who come afterwards. They have little sympa- thy for those who did not locate claims and practically say to them, Go as these other meE did and find rich ground and locate it. What we want is to open the country and to develop it's resources, and the man who goes first is the men we protect And there is little chance of moving them from that position When it is suggested that many of the Nome claims were H. legally taken, they say that is ques- ton for the courts; the remedy is there and not with us
 And it therefore seems improbable that any legislation will be passed this session which will in any way relieve the situation so as to permit mining on the beaches by those not owning ''''"''' Tn. ,...a Code.
 'The section of the bill which will be most interesting to readers of The Nugget is secfSssSe26- -referrine to min ing claims, mbi locations, etc., in Alaska. This ]asSs incorporated into the code by Sen 1ator Carter in lieu of the Lacey bill iR the house and other measures whicht deal solely with the mining questionH It was one of the first sections considered by the senate. and after considerable debate was fin ally amended so; that it reads as fol- lows
 States relating tb mining claims, min- eral locations land rights incident thereto are hereby extended to the dis trict of Alaska ;<provided that, subject only to such general limitations as may be necessary to exempt navigation from artificial Instructions. all land | and shoal watefsbelow mean high tide on the shores, bays and inlets of Der ing sea within the jurisdiction of the United States shall be subject to ex- ploration for gold and other precious metals by citizens of the United States. or persons whOt have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organized mining dis tricts may have heretofore made or may hereafter make governing the temporary possession thereof for ex- ploration and mining purposes until otherwise provided by law; provided further, that the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and all permits hereto fore granted authorizing any person or persons, corporation or company to ex- cavate or mine under any of said wa ters are hereby revoked and declared null and void: and the reservation of