The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-02
SEATTLE, WEDNESDAY, MAY 2.
Aliens and Mineral Claims.


The utterly impracticable ideas which
some members of congress have In deal
ing with subjects with which they are
not familiar appear In the debates In
the senate on the Alaskan code bill.
The debate was confined for the most
part to the Carter amendment. dealing
with locations made by aliens in the
Cape Nome district, which. owing to
determined opposition. was finally with.
drawn. The statutes exclude aliens
from making mineral entries. save
IN particularly enumerated excep-
tions, none OF which applies TO
the locations made at Cape Nome.
While aliens are forbidden to locate. the
decisions are to the effect that no one
can question the right by which an
alien Is In possession Of mineral claim
save the government itself. As a con-
sequence, unless the attorney general
can be persuaded to act. the direct In
hibition OF the law against alien hold
ing Of mineral land Is absolutely dead
letter. The Garter amendment proposed
nothing save q means by which the ex-
listing prohibition Of the law may be
made practically effective; In that 1t
permit an individual to attack the
aliens right to enter claim, instead
OF leaving II for the government alone
TO make such an attack
Without going into the question OF
the policy OF excluding aliens from own
ership OF mineral claims. It is appar-
ent that the existing law absolutely for
bids such ownership. and that every en-
try Of such land by an alien Is In d.
rect violation of the statutes. The
American miners ask simply for law
which will make the existing law ef-
fective. Messrs Teller, Stewart, TIL
man. Jones OF Arkansas and others of
the political ana personal friends OF
MIR. Lane. who is the principal holder OF
the claims located by aliens. are fight-
Ing the proposition TO make this law
effective by giving an effective remedy,
and insist on the continuance of the
existing conditions under which the
prohibition OF the statute is a dead let.
ter.
In this hsht. actuated largely by per-
sonai and political reasons. they have
had some support from senators who
know nothing about mining law or min
ing customs. and who apparently have
but the hasiest possible idea OF the
questions involved. or OF the circum-
stances under which mining Is conduct
ed, Hence We have the spectacle Of
MIR. Ross. of Vermont. making an elah.
crate legal argument to the effect that
the proper way TO raise the question
Of citizenship is for the parties In In
terest to appeal 20 the attorney general
Of the United States to raise the cues
ton on behalf Of the government II
the controversy were over piece Of
farming land or a stone quarry In Yer
mont, this method might be proper. Ap-
piled 10 placer mining claim In Alaska
1t is ridicuiousiy absurd Pending the
protraeted litigation involved In the
suggested course, with It's contemplated
appeal TO and ultimate determination by
the supreme court Of the United States,
the people In possession under the alien
location would work the ground re-
move all Of the gold. and the value Of
the ground by the time the question was
determined would not be a 1.-THE of the
assessable costs in the case.
What Is needed for the gold fields Of
Alaska Is some prompt. speedy, ade-
quate and final determination OF pos
sessory rights to placer claims. No one
cares a cotton hat for absolute title to
the property. and the cases will be few
and far between when patent is asked