The Nome nugget., 1900-01-01
Seattle Attorneys Investi-
 gatiOns in Washington.
SOME IMPORTANT FEATURES
Of the Alaska Code - departmental Decisions Misunde rstOOd IA Re- view offs ections Bearing on the situation at Nome - Jurisdiction of Miners Meetings.

During his recent visit to the na- tional capital, William H. Lewis. a well-known lawyer of Seattle, made legislation (past and present. and de- partment rulings relating to beach mining and other conditions at Nome the object of special study. He ob- tained thorough understanding of the situation, and expresses the opin- ion that the poor man who goes to Nome this summer with the idea that the beach sands will be open to all will be somewhat disappointed. The rul- ings of the interior department with reference to beach claims have been considerably misunderstood, and mis- leading statements have been given out by parties who were relying upon "a superficial knowledge of the facts and no knowledge of the law"
 Mir. Lewis furnishes The Nugget the following information regarding the subject:
 Alaska Miners Are Misled.
 "The Alaska mining man who has relied on assurances that he would be allowed the privilege of free mining on the Cape Nome beach during the coming summer seems doomed to sore disappointment. This is not entirely because he has been willfully misled, but also because of a failure to recOg- nize the difference in meaning between certain common expressions. The i'm pression that the term beach meant the same as tide lands or lands be- low the line of ordinary high tide,' has been responsible for much of the con- fusion. Another cause of the wide spread misunderstanding has been the positive statement of men who thought they understood the whole subject, but who were relying upon a superficial knowledge of the facts and no knowl- edge of the law.
 Tt has taken several weeks of care full investigation for me to assure my self what is the situation with regard to Cape Nome beaches, and while the result is not altogether satisfactory, there is some satisfaction in knowing what are fancies and what are facts.
 For instance, in the Logan case, the interior department decided, January 3, 1900: It is perfectly clear that the mining locations in question. so far as it is attempted by them to embrace lands below the line of ordinary high tide, are without authority of law and therefore void, and the land depart ment is without authority to grant any concessions whatever with reference to the desired occupancy or working of said tide lands for mining purposes or otherTise.'
 "Now, this decision is a reasonable one, and was accepted everywhere as strictly in accordance with law. It was received with joy by the men who wished to take gold from the Nome beaches this summer with rockers, as they did last year. The entire dig gings were worked then by the miners under their own regulations, and hOn- esty and fair play prevailed. The gen. eral understanding of this decision was that it made it impossible to se- cure title to any portion of the beach at Cape Nome. In that event it must be held to be open ground for all min CTS to work as last year. Acting upon this supposition, active steps were talk en and representative sent to Wash ington to secure legislation that would permit the miners to regulate mining upon the beach.
 Accompanying the report of the de cision were reports that the land office had decided that the line of ordinary high tide would be construed by the department in all cases as being the upper line of the beach; that is to say at the line of tundra or vegetation. was told by several well-informed men that this decision had been made, and went to the land office to get confirma tion of the report. But there I was told point blank that no such decision had been made; that in fact such a de cision never could be made by the de partment; that the line of ordinary high tide could not be fixed or changed by the land office or any other depart ment in Washington; that the Lord himself had fixed the line of ordinary high tide, and the question was not where the land office might construe il to be, but where it actually was. That could be determined only by the courts in each individual case.
 Where High Tide Line Is.
 Following up my problem, went to members of Congress and from them learned that it was brought out in the Cape Nome hearing by their commit tee on Alaska matters that there is only about two feet difference between high tide and low tide at Cape Nome And it was the general consensus of opinion that the Tine of ordinary high tide on the Cape Nome beach is about half or twO-thirds of the way down the beach from tundra.
 Nov if. as we know it to be, this is the case. and if the actual average line of ordinary high tide is in or below the middle of the beach, and if, as is reported, placer mining claims have been staked along the entire length oi the beach down to the line of high tide where is the poor man to come in who y-t- A~~& k< kr1~ ~~.yJ