Valdez daily prospector. (Valdez, Alaska) 1905-1918, 1917-12-24
SULzER WRITES
ON ASSESSMENTS
Encloses Secretary's Opinion of Re-
Gently Enacted Bil-Says 1t APP
plies Equally to Alaska
Washington, d. c..

December IL, 1917
Editor Prospector: Following the
passage by Congress of the Senate
resolution providing for the suspeh-
sion Of assessment work on all min
ing claims during the years 1917 and
1918. was surprised to find that GER
tain persons we're attempting to dis
credit the operation Of this law. so
far as Alaska was concerned. The for
mer Delegate to Congress raised the
point that the federal law could not
supersede the territorial law, and
some attorneys IN Alaska attempted
to show that the Waskey Act. pass
ed in 1907. established requirements
for Alaska which were not suspended
Ivy the resolution which passed the
last Congress unanimously.
Upon my return to Washington at
the opening of the present session of
Congress. conferred with the Sec
rotary of the Interior on the subject,
submitting some of the newspaper
comments which had been made on
the law.
Today I received the following let
ter from the Department of the Inter-
Tor. signed by First Assistant Secre-
tary. Alexander T. Vogelsang:
Hon. Charles A. Sulzer. House of
Representatives.
My Dear Mr.. Sulzer:
You have recently requested my
opinion on the question as to whether
Joint Resolution No. IL, of the 65th
Congress, approved October s, 1917,
entitled "Joint Resolution to suspend
the requirements of annual assess
ment work on mining claims during
the years nineteen hundred and sew
enteen and nineteen hundred and
eighteen" applies to the Territory of
Alaska.
In that connection you submit two
newspaper clippings from which 1t ap-
pears that there Is q difference of Op-
inion as to whether said resolution is
rendered imperative as to certain AL
aska mining claims by Section 3 of
the Act of April 81, 1915, Of the Al
aska legislature.
This Alaska Act Is based upon and
follows with some application the
provisions of Section of the Act Of
August 1. 1912 (37 Stat. 242). which
reads:
"That no association placer mining
claim shall hereafter be located in AL
aska In excess Of forty acres. and on
every placer-mining claim hereafter
located in Alaska, and until q patent
has been issued therefor. not less than
one hundred dollars worth Of labor
shall be performed or improvements
made during each year, including thu
year Of location, for each and every
twenty acres or excess fraction there
Of"
The mining laws of the United
States, which were extended to Alas
ka, first, by the act Of May II. 1884,
(23 Stat, 24), and again by Section
Is of the Act Of June 6, 1900 Isl
Stat, 321), included said Section
1894, of the Revised Statutes, refer
red to In the joint resolution. These
laws were, a. to lands in Alaska,
amended by the Act Of March 2. 1907,
(35 Stat. 1243), and said act Of Aug
ust 1. 1919.
BY the Act Of December /, 1913
(38 Stat. 1851, entitled. IAN Act to
amend section twenty three hundred
and twenty four Of the Revised Sta
tutes of the United States relating to
mining claims" Is was declared:
That the provision Of Section tNen-
ty-three hundred and twenty-four of
the Revised States Of the United
States, which requires that on each
claim located after the tenth day Of
May, eighteen hundred and seventy
two, and until patent has been issued
therefor, not less than one hundred
dollars worth of labor shall be per-
formed or improvements made dur
ing each year. be suspended for the
year nineteen hundred and thirteen
as to mining claims situated on Sew
ard Peninsula, in the District or Terri
tory Of Alaska west Of longitude one
hundred and fifty-eight, west and
north Of latitude sixty-four. 80 that no
mining claim which has been regu-
larly located and recorded as reQuir-
ed by the local laws and mining reg
ulations within snch area 20 describ-
ed shall be subject to forfeiture for
non-performance Of the annual assess
ment for the year nineteen hundred
and thirteen.
The latter act was clearly q legis-
Iative recognition. II not indeed .
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