The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-28
ALASKAN MINING GRANTS.
Recent Permits TO Gold Seekers Dis
cussed i'm the senate.

Recent Permits to Gold Seekers Dis
cussed in the senate.
At the close of the routine morning
business yesterday the Senate proceeded
to the consideration of the bill making
further provisions for a civil government
| for Alaska. The amendment proposed by
Mr.. HansbrCugh. to prohibit the issuing
of mining permits 10 aliens. which was
pending at the hour of adjournment on
the day before, was temporarily laid aside,
and Mr.. Carter, in charge of the bill Of
fered the following amendment:
Provided, That subject only to such gen
eral limitations as may be necessary to
exempt navigation from artificial obstruc-
tons all land and shoal water below mean
high tide on the shores bays, and inlets
of Behring 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 who have legally declared their
intentions to become such under such rea-
sonable rules and regulations as the min
ers in organized mining districts may
have heretofore made or may hereafter
make governing the temporary posses
sion thereof for exploration and mining
purposes until otherwise provided by law,
and all permits heretofore granted au-
thorizing any person or persons, corpora
tion or company to excavate or mine un-
der any of said waters are hereby revoked
and declared null and void
VI
Mr.. Carter, in explanation OF the amend
ment, said that he had, in a personal in
terview, inquired of the Secretary of War
why he had not issued general order au-
thorizing all persons TO excavate the sands
instead of giving special permits, and had
been informed that under existing law
permits were restricted to cases where
they were recommended by the Chief W
Engineers. Mr.. Carter said that while It
was known that excavations made in Alas
kan waters would be made FOR gold these
permits were precisely the same as would
be granted to a person desiring to eXca-
vate sand oil the shores of New Jersey
He maintained that the permits granted
by the Secretary Of War are simply pro
lection of the miner against law of the
United States. without which he would be
unable legally to mine
In reply to a question by Mr.. Cockrell
Mr.. Carter said that the remedy for this
evil was embodied in the amendment he
had offered. Mr. Wolcott then made some
remarks in further explanation of the
matter. He said that when the pros
pectors for gold reached Cape Nome they
found on the statute books a law never
intended to apply to the case of eXcavating
sand for gold. because in the whole his
tory of the world gold has never before
been taken from the sand in the bed Of the
ocean.
The law, he said, was 4 form of pro-
hibition to prevent any excavation or
dredging of the shores without the au-
thority of the Secretary of War, and he
had simply issued permits granting the
required authority. There had been no
favOritism shown, and no desire to ex-
clude anybody.
Mr.. Jones of Arkansas read the statute
and argued that under no proper construc-
tion did it apply to the ordinary shore
line not embraced within the term har-
bors. ports, roadsteads, or navigable
waters. He maintained that the part of
the beach at Cape Nome included within
the space-50O feet from the mean high
water marks not described by any OF
these terms, and is. therefore. not affected
by the Law: In sharp attack upon the
Secretary of War, Mr. Jones said that it
was evident to him that the permits had
been granted in order to put a construc-
tion upon the law such as no court of
justice would give it.
1T is an indefensible outrage" he de-
clared. 1T is simply a means adopted
by the Secretary to drive honest miners
out of their rights and to give exclusive
privilege to a few people he may deem
responsible. / think this was deliberate
scheme of a few persons to monopolize
that rich Cape Nome sand
Mr. Wolcott said that he agreed with
some of the statements made by Mr.. Jones
and he argued that in so far as possible
the mining privileges in Alaska should be
left free to all. He gave ii as his opinion
that in so far as possible the existing law.
relative to placer mining and to the size
of claim that one person or a corporation
may hold should be made applicable to the
territory. After some further remarks he
proposed an amendment to Mr.. Carter's
amendment providing that mining laws in
Alaska shall conform az nearly as may be
| to laws now existing in the Western
| States until definite regulations shall be
| prescribed by the Secretary OF the Inte-
| rior
| Mr.. Carter stated his objections TO Mr.
Wolcott's proposition and argued in support
of the original amendment. which would.
| he said. leave the question temporarily in
the hands OF the miners themselves. no
could arrange it much better than it could
| be arranged by a department clerk in
| Washington.
Mr. Pettus agreed with Mr. Carter as TO
| the rule of miners being fair and Just.
Miners. he said, governed themselves by a
| vote OF the mining camp. and they would
| govern themselves in spite OF any enact
| ment Of Congress. He favored Mr.. Car
| ter's amendment.
| The matter was still under discussion at
o'clock. when the morning hour closed
| The conference report on the Pension
| Appropriation bill was presented and
| agreed to.