The Alaska daily empire., 1921-01-18
APPEAL NOTICE
 GIVEN BY KENT
 FROM REJECTION
Alaska Development Syndl- cate Appeals to Payne
 From Land Office Ruling.

j Notice of appeal to Secretary johr
 Barton Payne. of the Interior De partment from a rejection by Com missioner Clay Tallman of three ap
 plications for oil leasing and pros
 pecting permits has been received | by Register Frank A. Boyle. of the 1 U. & Land Office. from Otis B Kent. Attorney for the Aleska Devel opment Company. The three claims were located in the Yakataga district by Big Mike" Sullivan, w. II. Chase and E. J. Davis and applications for permits were filed ol August 20, last year.
 Mir. Boyle passed the application 70 the Commissioner of the General Land Office at Washington, D. C., who on November 1, formally reject ed them on the ground of "cOnti2u- ity of claims" in violation of regula- tions issued by Secretary Payne prohibiting issuance of more than one permit for claims located in the same geologic structure.
 Several specific points are ad- vanced by MT Kent, in his notice of appeal to Secretary Payne. In com mon with others who have recently appealed from rejections based on the same regulation. he claims that the contiguity of claims prohibitory provision cannot in justice to either the Territory or to those who are seeking to develop possible oil fields therein be made applicable in Al aska for the reason that it is i'm possible to determine positively that any two claims are situated on the same geologic structure when in fact there has been no prospecting or exploration sufficient to determine whether or not an oil field in the true commercial sense is in existence That, it is contended, can only be proven by actual exploration.
 Mir. Rents notice of appeal states his grounds as follows:
 q. The applications antedate all other claims with which they may be found to conflict.
 "2. That said applications when submitted to the Register of the General Land Office at Juneau con formed exactly to the rules then ia and that the rights ef the claimants hereunder should not b. by the retroactive appii- cation of amended regulations there after made effective
 ~3. That the regulations insofar as they limit the number of permits which may be granted on single geologic structure. are inapplCabie to a nonprodueing area such as that within which these claims are fined.
 A. That considerations of public policy not only justify but require the application of more liberal rules in cases of permits such as those herein involved than like c0nsidera, tions would make necessary in the case of an oueratng lease.
 "5 That the Yakataga district is so inaccessible that the cost of de velopment will be prohibitive unless an area in excess of that prescribed by the regulations as applied in th:a case is made available for prospect ing operations.
 "G. That the appellant has ex- rended more than $15,000 in preiim mary surveys and other work o1 the tract for which permits ar2 claimed and is prepared to expeni such further sum as may be neces sary to establish the character Of the field therein embraced"
 Mr. Kent declares that those com posing the Alaska Development Syn dicate are American citizens and are actuated by an earnest desire to de- yelop the Territory of Alaska and is in no sense prompted by a spirit of stock speculation and iugglery.
 This is believed to be the firsi appeal to be taken up with the Secretary of the Interior although two others have been taken from the ruling of Register Boyle to the Com missioner of the General Land Office. The claims in the present case, to some extent. according to Mr Boyle. arc in conflict with those of the Alaska Consolidated Oil Fields bat this conflict did not figure in the rc- jection of Commissioner Tallman. 
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