The Wrangell sentinel., 1946-08-23

V spects large areas or long reaches of shoreline. In extending the homestead laws, all tidelands were reserved in trust for the future state. So it can be seen that Con gress has carried out a pattern os l dominion over the lands and wat CTS of Alaska applicable to citizens lgenerally and adverse to any coll cept of tribal aboriginal rights.
 "The oorollary is that Congress has dealt with Alaska Indians as individuals instead of tribes, which diffeE's from the treatmenC of Indians in the States. Secretary Ickes himself said in his aforo- mentioned decision, only now SC years after the enactment of the Act of 1884 is the Department of the Interior attempting to ascsr- tain what their claims were
 Accordingly, ana in line with the preponderance of legal opinicn, aboriginal claims in Alaska are in fact already extinguished, but ac- ton by Congress declaratory of such eXtinguishment would clear the air, and could simultaneously provide suitable compensation to the Natives of Alaska. One method lof compensating them is suggested in my opinion of August IT, 1945, and, since said opinion treats ful- | ly of aboriginal claims, same is attached hereto, submitted here with and marked Attorney Gener aIs Exhibit A. Since uncertainty as to land rights is a great deter "ent to investment and settlement. it can be seen that previous poll icies still hamper Alaska develop ment.
 Until sach time as Congress takes action, there are two things that the Secretary caA do about aboriginal claims. 1. Vacate the 2- boYe mentioned decision of his predecessor; or, 2. Order coopera- tion with some interested indus try to submit the matter to the Court. This would involve issu- ance of a specific order to put the former Secretary's decision into eff feet in some particular respect, with written threat of enforce ment, followed by the Govern ment's entering into an agreed statement of facts with waiver of contention that the Secretary of Interior is an indispensable party. Then, if your solicitors office would stay in line, the Department of Justice would be willing to stIp ulate as above indicated and a clear-cut test case quickly brought about However, if refractory Gle ments in the solicitors office fearing loss of the case, could per suade the Department of Justice to obstruct matters, all technical i objections would be raised and your cooperative effort would pro- bably be thwarted. Such cross purposes haze been known to man. ifest themselves in large depart ments.
 Until the matter is cleared up, old memos might continue to pre- vail, resulting in stoppage of pat ents in areas described in the for. mer Secretarys aboriginal rights decision, and it could take up to ten years to resolve a mandamus action against the Commissioner oi the General Land Office.
 q have time to merely mention one other point which is that re- cent urgence of the Commissioner of Indian Affairs to create a reser. vation at Klukwan with i'm mediacy, for fear that there w'll be many requests of non-natives tc develop tourist facilities demon strates another cross-purpose. The clamor is for more tourist facil- ties up here, yet that is the sort of thing we have been running l. to. Alaskans are following the lead of Congress in dealing with Alaska natives as individuals anl seek to integrate them into the white mans economy and culture as we develop the Territory, rather
 than follow social theory of see' reeation mon reservations