Evening star., 1900-03-24
DREDGING IN GOLD SANDS
Secretary Root Sends Statement to the
Senate.
No Concessions Granted by the Secre-
tary of War-Permits Have Been Is
sued-NO Application Denied.

Secretary Root has transmitted to the
Senate his reply to the resolution Of March
81 requesting information on the War De-
partments practice of granting permits for
gold dredging off the Alaskan coast. He
says:
mo concessions or grants to excavate
the gold-bearing bed Of the sea at or in the
vicinity Of Cape Nome. In Alaska. or in
other Alaskan waters, have been made by
the Secretary of War or any other official
Of the War Department. Numerous appli-
cations have been received by the War De-
partment for permits to excavate in the
bed of the ocean in the vicinity of Cape
Nome. in Alaska, in the exercise Of the au-
thority conferred upon the chief Of engi-
neers and the Secretary Of War by section
10 of the act of Congress. approved March
B. 1899, which provides: 1t shall not
be lawful to excavate or fill or in any man.
ner to alter or modify the course. location.
stead, haven, harbor. canal, lake, harbor
OF refuge or inclosure within the limits Of
any breakwater, or of the channel OF any
navigable water of the United States, un-
less the work has been recommended by the
chief Of engineers and authorized by the
Secretary of War prior to beginning the
same
Section 12 Of the same statute makes it
a criminal offense to eXcavate without the
required authority. however lawful the
work may otherwise be, and provides that
punished by a fine not exceeding $500, nor
less than $500, or by Imprisonment not ex-
ceeding one year, or by both such punish
ments In the discretion OF the court AS
this statute was designed solely for the
protection Of navigation, it has been the
practice Of the, War Department to grant
TO s og to Is ae aueb fas
to injuriously affect navigation and is 9TH
erwise lawful PERMITS thus granted are
not exclusive; atheySsdo not preclude any
nhnr 0f Dor IN fho
same territory they are not grants or con-
cessions. and they confer no rights what
ever except immunity from prosecution un-
accordance with, hefterms of the statute.
and by reason OF compliance with the
provisions THEREOF. A.
LAS there seefas to be no legal reason why
all citizens of the United States should not
have the same opportunity to prospect for
gold and acquire mining rights under the
mining laws up9n land under water as they
have upon landa not under water the de-
partment determined, as a general policy
In the exercise of the discretion vested in
the chief Of engineers and Secretary of
War by this statute, to relieve all citizens
applying from the obstacle tnterposed by
this statute as long as their proposed op-
erattons do not in fact interfere with navi-
cation.
No Application Denied.
IAN applications made under this statute
have accordingly, SO far as 1t has been pos
sible to dispose OF them. received favorable
action. No application Of this description
has been denied. Upon two permits have
been granted. Upon third papers had
been prepared and were awaiting the Secre-
tary OF Wars signature at the time Of the
passage Of your resolution. Three others
were approved by the chief of engineers
and were in the hands of the Judge advocate
papers Eleven others are still in the once
OF the chief Of engineers in process Of ex-
animation upon the question whether they
interfere with navigation. -Four more Just