The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-02
Not Under the Law But by vir-
tue Of Bold Assumption.
AMERICAN MINERS SUFFER-
How Aliens Locate and Dispose of
Mineral Lands In the United
states, in Defiance of the stat
utes-May Retain Possession. and
Work Mining Property Until They
Apply for Patent--Action Needed.


to the location OF mining claims within
United States territory by aliens, and par
ticulariy in Alaska, brings the existing
and unsatisfactory condition Of the min
ing laws relating to this matter into un-
usual prominence, in view OF conditions
now obtaining In Alaska.
The United States statutes plainly state
that the mining lands belonging to the
United States, both surveyed and unsur-
veyed. are subject to location by citizens
OF the United States, or those who have
declared their intention to become cfti-
gems II is clearly evident that the inten-
tion OF the laws IL that only citizens, or
those who have declared their intentions
TO become such. shall locate mineral
claims. and to dispose Of them is not. UNI
der existing laws. a simple matter In
stances where aliens locate or purchase
from citizen locators and transfer the min
eral lands Of the United States are Of fire.
quent occurrence.
Opinion From Legal Authority.
There has been much litigation arising
from the transfer of mining claims by citi-
zen locators to aliens. and by the latter
to others, but the courts do not appear TO
have determined the status Of an alien at
all satisfactorily. and there has been
diversity Of opinion. Concerning this.
Lindley on Mines. says:
"Out OF the chorus of discordant sounds
II 10 difficult to evolve harmony. We
think, however, that, considering the I'M
DERIVING principles which should govern
the construction and administration Of the
law, the weight Of authority. as well as
motives Of public policy. we are justified
in deducing the following conclusions on
the subject Of slienage as affecting titles
TO unpatentcd mining claims on the pub
Ito domain:
"Ffrst--An alien may locate or purchase
a mining claim. and. until inquest of Of
fice.' may hold and dispose Of the same In
like manner an o citizen.
Notwithstanding to obtain patents
are In the nature OF inquest OF office and
In such proceedings citizenship Is a neces-
ssry and material fact to be alleged and
proved.
''Third-In all other classes Of action be-
tween individuals with which the govern
ment has no concern. citizenship is not
fact in issue; It need be neither alleged nor
proved
Naturalization OF an alien at
any time subsequent. to either location or
purchase il retroactive and enables him
to proceed to patent by reason of his
alicnage being removed
To Get standing In Court.
"These conclusions are not altogether
paiatable. but we consider that they are
forced upon us by tho logic of the law
There is only one limitation upon these
conclusions which may he plausibly assert
ed. and that Is this qualified locator
may relocate claim In the possession of
an alien who has not declared his lnten-
tion to become a citizen. IL such reloca-
tlon may be made without force or vio-
lence and prior to the naturalization OF
the alien. a. the alien might be deemed
mere occupant without color of title
The reiocator Is then In position to con-
.us - IA.x -l.-l.s
have the status OF an adverse claimant
without which he would have no standing
In court We are loath to believe
that location by an allen Is. under all
circumstances. such segregation of the
tract from body OF the public domain as
win inhbit relocation by qualified
locator who enters peaceably and In good
faith for the purpose
From the above II will be seen that tho
matter is In very unsatisfactory condition
The alien may not attempt TO patent hts
claim. as that Is not required by law, but
he may work II and derive a large pecuni-
AIRY benent from u, while dcpriving a eiti-
zen OF that privilege for under most cir
cumstanocs u Is difficult TO conceive n
'peacefuf' relocation OF a rich mine being
worked by another,
ConHrcsstonat Action Needed.
Tho government only can intervene and
'irfer@tcr INV aAffN ny inquest OF office.
which means that an official Investigation
as to the citizenship ot the locator may bo
Instituted by the government ami this Ia
most eases would not be done promptly,
Under the laws governing agricultural
filings, citizen may file an adverse claim
and thus at once institute contest which
invariably results In tho dlsposseSsion OF
the alien. The matter should either re-
ceivc immediate congressional action or
officers should be appointed by the gov
efnmen, for the several mining districts
particularly those OF Alaska, 10 protect
the mineral lands OF that section from
wholesale location by aliens, as IN now be-
ins done.
In reviewing the matter. the Mining and
Scientific Press maintains that Il IL an.
other instance Of the pressins need Tor a
federal department. OF mines and mininr.
when all subjects relating 10 tho vast and
rapid, growing Industry which is the re.,l
basis OF the nations prosperity may re-
ceive the same prompt attention and ia g.
teiiisent consideration that is given other
Of hn