Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-09-28
THE NOME CLAIMS.
True History Of the Controversy Over
the Gold Claims at Cape
Nome.
Located in Hundreds by Alien Lap.
landers, and Afterward Bought
by Lane.
Subsequent Location by American
Citizens-Who Has the Right
of Ownership.

.
of Ownership.
Portland Oregonian: The press an
nouncement that Judge Morrow, of the
Federal bench, has reversed Judge
Noyes Of the Alaska court, that Re
ceiver Mckenzie has been removed
from the position of the courts bonded
trustee for certain rich mines at Cape
Nome, and the court enjoined, as it
were, from taking further. action in the
matter, has created widespread inter-
est in judicial circles and among the
friends of the litigants.
The appointment OF a receiver, as
lawyers we'll understand, is an inter-
locutory proceeding pending the settle
ment of the question of title or right
of possession, and just how Judge
Noyes could be reversed" or the re-
ceiver be discharged on what must have
been an ex parte hearing or upon any
kind of a hearing, before the trial of
the real cause, does not seem to be
quite clear to the average judicial
mind. 1t is probably true that Judge
Morrow issued a writ Of c%ertiorari.
thus bringing the record up for review,
and that a stay has been granted UNI
til the case "a be heard. This would
suspend operations on the property for
the present season at least. Meantime
the claimants on both sides will prob
ably proceed through the surveyor gen.
eral of Alaska, the local land office at
st. Michaels and the general land office
at Washington to ascertain to whom
patent shall issue.
The history of this controversy, as
related in speeches that were made in
IL United States senate last winter
during the consideration of the Alaska
civil code bill. is of unusual interest.
1t appears from the Congressional Rec
ord that gold was first discovered near
Cape Nome in the fall of 1897 by a man
named Blake, who was accompanied
by a Swede, a deserter from a whaling
vessel. Blake was short of provisions,
and exacting close secrecy on the part
OF the SWede as to the discovery, the
two men started for st. Michaels for
supplies. It was Blake's intention to
return with a few friends, organize q
mining district in the regular way and
commence taking out gold. On the
way to st. Michaels their boat was up
set and they lost the few provisions
that they had. About this time the
swede feigned sickness and requested
Blake to proceed alone to St. Michaels.
AS o o as Blage had taken his depart
ure in quest Of supplies, the Swede
made his way to a mission on Goloyin
Bay. There he disclosed the secret
OF the discovery to some fellow coun-
trymen, who set out at once for Nome.
Enroute they were overtaken by a
large party of %Laplanders in charge of
the government reindeer herd. The
Laps, we'll equipped with government
tents, provisions, etc., Joined the
Swedes in their expedition. Arriving
at Nome a mining district was organ
lied, with a Swedish missionary by the
name of Kettleson as recorder. The
district was declared to be 25 miles
square. The size of the claims was
fixed at 1860 feet up and down gulches.
and an order was entered recognizing
the validity of powers of attorney in
making locations. Claims were then
staked by the hundred, both in the
names of the alien Laps who were
. present, aai in the names of many
Laps and others who had never seen
Alaska. 1t o o occurred to the ex-
petition that only three or four of the
number present had ever taken the
first necessary step to become citizens
OF this country, and citizenship being
a p%erquisite to the location of a min
ing claim, the aliens were sent to St.
Michaels to declare their intention be-
fore a United States commissioner.
The law requires that such declaration
must be before a court of record, but
Commissioner Sheppard, becoming in
terested with the aliens, assumed to
issue a form of citizenship which at
torneys for the aliens held to be valid.
Blake and his friends learning Of the
treachery of the Swede, proceeded to
the diggings and restaked the property.
Being citizens of the United States
they were competent to make the loca-
tions. Early in the spring of 1898,
Charles D. Lane, the San Francisco
millionaire, came upon the scene and