The Alaska daily empire., 1922-07-13
F|NNECAN WINS IN DEPARTMENT
 LAND DECISION
Lee Protest Against Issuance Cold Bay Oil Land Per
 init Is Dismissed.

A decision. affecting two oil leas- ing and prospecting permits situated on or near what is known as the Pearl Dome, in the Cold Bay oil field, recently made by the Commis- sioner of the General Land Office, dismisses the protest of w. F. Lee against the permit issued to the Al aska Oil Company, or the J. J. Finnegan interests. The decision recognizes the right of the latter to the ground claimed by it and dis puted by Lee but orders the correc- tion of the boundaries of the Alaska Oil Company permit. the J. J. Finne- gan permit and other permits. to make the lands embraced therein to conform with the cardinal direction before making application for final leases.
 In Favorable Region
 The decision affects what is re- garded as the most favorable section of the Cold Bay field, geologists who visited the field last year regarding u dS d NtI IihtlS hlIllluS HOllO- lN is understood here that 1t is on this section that the Standard Oil Com pany. if it enters the field, will do its first drilling IS recent reports from the states said that the claim was included in those to be covered by contracts offered the company by the Westward Development Company
 The first permit to the ground was issued to Alaska by the Department of the Interior on September A. 1920, and was for 2,560 acres. On July 16, 1921. a permit was granted to w. E. Lee which MT. Lee claimed in cluded a portion of the land em- lbraced in the permit held by him, Both permits were granted upon con dition that the permittees adjust all conflicts before July 2l, 1922. On April %, this year. MT. Lee filed a Formal protest against the Alaska Oil Company permit in so far as it was shown to be in conflict with his, said conflict being evidenced by a survey procured by the Alaska Oil Company. This conflict involved ap- Froximately 600 acres of land which under the ruling of the Land Office is awarded to the Alaska Oil Com pany
 Method of Stalking
 The issue raised and on which the Department was forced to rule in arriving at it's decision was whether the claims were located with refer ence to true north or to magnetic north MT, Lee claimed the former to be the case in an affidavit offered by J. H. Lee, while an affidavit by j. J. Finnegan set up that the loca tions were made by J. H. Lee by use of pocket compass and that no al aowance was made for magnetic va riations. The Alaska OH Company w E.. Lee, J. J. Finnegan and Jane McNaly claims used a common in itial corner stake on which the To cations were made.
 The description given in the loca tion notices of the four claims, states that the initial monument lies 1 IA miles south by west of Mt. Lee The survey made by the government in the field in the summer of 1920 shows that the location post would lie north by west of the Mt Lee according to the true direction, but if no allowances were made for va Tiatton the compass course from Mt Lee to the location post would bt south by west as shown in the loca ton notices and the commissioner held that if the compass course was depended upon in the instance of tho tie to Mt. Lee, it was logical tC believe that the same system wa: used in running the other courses.
 In summing up tho case the Com missioner said: Tn view of the foregoing situation, as shown upon the semi-official map. which is re lief upon by this office. and in the light of the uncontroverted explana ton of the location of the lands witt reference to the magnetic north, anc aoDlying the long esta blished prin ciple that where the description O lands IS ambiguous or capable O two interpretations reference vii he had to monuments located upoI the ground in determining the loca tion. it is held that the protes failed show that conflict. in fact exists between permits am