The Alaska prospector. [volume] (Valdez, Alaska) 1902-1908, 1902-10-09
Afognak Reserve.

Afognak Islands, and mining men
generally, that 10 locate and dcvcl-
op mining claims ON Afognak is
land is unlawful and trespass. This
opinion is shared by no less high
authority than X. A. Friedrich, U.
:. Attorney of Dist. No. in Alas
ka, who called attention of L. :.
Commissioner, Phillip Gallagher,
OF Kodiak, that persons are unlaw-
fully locating and developing min
ing claims ON Afognak island For
further information. Commissioner
Gallagher addressed Philander c.
Knox. L. :. Attorney General, and
received the following reply.
Washington, ID. c., Jvly .. 1902.
Phillip Gallagher, Esq.,
L. :. Commissioner.
Kodiak, Alaska.
Sir:-iour letter oil May 10Th lasi
was duly received. You presented
therein iniorma ion to- the effcc,
that miners are locating and devcl-
oping claims, and that the natives
are cutting wool on Aiognak -
land. which YOU state was OH or
ahoa, Dee. Ith. 1892, made II fish
reserve" and you ask to he advised
whether the said island is a forest
reserve. and whether, ii So, the par
ties engaged in the operations re-
fcrrcd TO are not trespassars.
On receipt OF your letter referred
the same To the Secretary OF Inter
ior with the request that he furnish
me with the information necessary
to enable me to reply to your in
quiries. and received from him, on
the 18th ultimo, Il copy OF the Pres
idcnt's Proclamation OF December
9th, 1892, establishing the Afognak
Forest and Fish Culture Reserve, Il
copy of Circular of April 4, 1900,
cmbodying rules and regulations
governing forest reserves, and Il
copy OF the compilation of laws,
etc. relating to forest reserves, is
sued November &, 1900; also Il copy
OF letter from the Commissioner
OF the General Land Office, dated
June 18th last, relative to the sub
ject matter under consideration.
All OF these enclosures are trans
mitted to you herewith for your in
formation.
In his letter of the 18th ultimo
YOU will note the Commissioner
says: while it does not appear
that the mining operations upon
the island, mentioned by Mr.. Gal
lagher, are inconsistent with the
existing provisions relating to min
eral lands within forest reserves,
it seems, however, that the cutting
OF wood, for sale, by the natives, is
trespass-it being improbable that
such cutting is confined to timber
located upon land actually owned
by the parties selling the wood"
In the meantime the Department
received from L. 5. Attorney Fried
rich, at Juneau, copy of ii letter
addressed to you by him on May
29th last, in which he gave his
opinion as 20 the status OF persons
cutting timber and locating mines
on Afognak island. This was re-
ferred TO the Interior Department
for consideration in connection
with your letter of May 10Th, and
] am HOW in receipt, through the
Secretary of the Interior. of letter
(cnclosed herewith) dated the 25th
ultimo, from the Commissioner of
the t,enerai Land Office, in which,
among other things, he says:
"Under the rules and regulations
as contained in the ciroul and
compilation of laws, the hold
ing OF the u. S. Attorney, as given
in his letter to Mr.. Gallagher on
May 18th, 1902, that neither pros
pectors, nor any other class OF per-
sons, can lawfully locate, work or
improve mineral lands on this is
land, or acquire any rights or legal
interest thereon, neither can they
obtain patent for mining claims
which they may nrpfpnu tn locate