The Nome nugget., 1903-12-09

rightful owner, young Rant, who was the recorder in 1S9s failed to record the Americans claims, saying that he had no record books at hand, but that they would be recorded later. He would take the recordatiOn fees and give the applicant receipt for the money. In great many instances, as it afterwards developed, the claims were never placed on record.
 As is well known, in British Colum- bia miners certificate is necessary to prospect and mine for gold, for which fee of @ is charged. The Alien Ex- clusion Act" abrogated all of these licenses then in force, held by aliens, and refused to allow license holders to locate, buy or record any instrument in recording offices. In the spring of 1899 a new recorder in the person of Graham was sent in. The American would pre- sent his receipt for money paid for re- cording his claims and ask for his re- cording papers. "Your claims are not on record, and as you are not British subject you cannot record them now" was all the satisfaction the American got. Under these circumstances the jumpers had the field to themselves.
 The Americans were greatly incensed at the outrageous treatment accorded them by the British Columbia govern ment in depriving them of the benefit of their licenses and dispossessing them of their claims, and arrangements for a suit in damages were begun.
 The licenses issued by the govern ment read about as follows:
 FREE MINERS CERTIFICATE.
 Upon the payment of five dollars, re- ceipt whereof is hereby acknowledged, John Doe, citizen of the United States, is entitled to all the rights and privileges of a free miner for one year from the date hereof.
 RICHARD ROE,
 Gold Commissioner.
 This license, which is nothing more nor less than a contract entered into between the British Columbia govern ment and the individual miner, was nullitied without cause or reason, and prevented the alien from exercising any right under it. Demands for the return of the money paid for the license met with fiat refusals.
 Tho case was presented to Col. James Hamilton Lewis, of Seattle, at that time congressman from the state of Washington and lawyer of recognized ability, who gave it as his opinion that damages could be recovered. About five hundred Americans put in their claims, the total aggregating sl5, ,OOO,- 900. Col. Lewis immediately went to work on the matter to interest the , United States government in protect ing the American miners rights. The first fight was before the board of claims of the state department. The British embassy was represented by ex-Secretary of the Treasury John G. Carlisle, assisted by two other eminent counsel. Col. Lewis had as assistants two of the best lawyers on interna- tional law in the United States. The question was as to whether the United States could take up the case in behalf of the miners, or whether the miners must individually sue the British Co., lumbia government. Col. Lewis and his associates contended that it was clearly case for the United States to take up. while the British embassy as strongly urged that it was matter for private suit. The board of claims de- cided in favor of Col. Lewis. The lat ter then began to prepare the neces' sary papers in the case, and has since been actively at work on it.
 In recent issue of Seattle paper Col. Lewis, who had just returned from Washington, is quoted as saying among other things: "The actual dam ages suffered by the American miner, in the Atlin country will now unques tionably be paid for"