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BUREAU OF THE AMERICAN REPUBLICS,

WASHINGTON, U, S. A.
JOSEPH F". STvlITH, Director.

ALASKA.

HANDBOOK No. 84. AUGUST, 1897.

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BUREAU OF THE AMERICAN REPUBLICS,

WASHINGTON, U. S. A.
JOSEPH P. SMITH, Director.

ALASKA. '

HANDBOOK No. 84. AUGUST, 1897

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NOTE.

The following compilation was prepared as part of the chapter
on the United States for the Commercial Directory of the Ameri-
So can Republics to be issued by the Bureau of the American
•* Republics during the current year. It is printed separately in
oc this form in response to the quickened interest in Alaska result-
» ing from the recent discoveries of gold in the Klondike region
2: and the great demand for fresh and reliable information concern-
^ ing that Territory.

^hj^^^C^ Uoi-^^t-*-*-^^^^

'Director of the Bureau of the American Republics.
Washington, D. C, August lo, iSgy.

CONTENTS.

Page.

I. Location, area, and population 7-1 1

II. Indian tribes of Alaska 12-14

III. Geography and topography 15-24

IV. Climate 25-29

V. Towns and trading posts 30-34

VI. Forests of Alaska — Varieties of timber 35-37

VII. Agricultural resources 3S-42

VIII. The fur-seal and other fisheries 43-74

IX. Mineral resources — The Klondike gold region 75-124

X. Commerce — Transportation facilities — Proposed railroad 125-12S

XI. Territorial government 129-130

Index 131-133

Map of Alaska Frontispiece

ALAS KA.

Location, Area, and Population.

The Territory of Alaska, lying in the extreme northwestern
corner of the North American Continent, on the Bering Sea and
North Pacific, comprises an area of about 577,390 statute square
miles, with a seacoast of 26,000 miles, or nearly two and one-half
times the seacoast of the balance of the United States. The
Territory was acquired by purchase by the United States from
Russia, and the boundaries, as laid down in the treaty of cession
of March 30, 1867, are: Commencing from the southernmost
point of the island called Prince of Wales Island, which point
lies in the parallel of 54 degrees 40 minutes north latitude, and
between the 131st and the 133d degree of west longitude
(meridian of Greenwich), the said line shall ascend to the north
along the channel called Portland Channel as far as the point of
the continent where it strikes the 56th degree of north latitude;
from this last-mentioned point, the line of demarcation shall fol-
low the summit of the mountains situated parallel to the coast
as far as the point of intersection of the 141st degree of west
longitude (of the same meridian) ; and finally, from the said point
of intersection, the said meridian line of the 141st degree, in its
prolongation as far as the Frozen Ocean.

8 ALASKA.

IV, With reference to the Hne of demarcation laid down in the
preceding article, it is understood —

1st. That the island called Prince of Wales Island shall
belong wholly to Russia (now, by this cession, to the United
States).

2d. That whenever the summit of the mountains which extend
in a direction parallel to the coast from the 56th degree of north
latitude to the point of intersection of the 141st degree of west
longitude shall prove to be at the distance of more than ten
marine leagues from the ocean, the limit between the British
possessions and the line of coast which is to belong to Russia as
above mentioned (that is to say, the limit to the possessions ceded
by this convention) shall be formed by a line parallel to the
winding of the coast, and which shall never exceed the distance
of ten marine leagues therefrom.

The western limits, within which the territories and dominion
conveyed are contained, passes through a point in Bering Straits
on the parallel of 65 degrees 30 minutes north latitude, at its
intersection by the meridian which passes midway between the
islands of Krusenstern, or Ignalook, and the island of Ratmanoff,
or Noonarbook, and proceeds due north, without limitation, into
the same Frozen Ocean. The same western limit, beginning at
the same initial point, proceeds thence in a course nearly south-
west through Bering's Straits and Bering's Sea, so as to pass mid-
way between the northwest point of the Island of St. Lawrence
and the southeast point of Cape Choukotski, to the meridian of
172 west longitude; thence, from the intersection of that merid-
ian, in a southwesterly direction, so as to pass midway between
the island of Attou and the Copper Island of the Kormandorski
couplet or group in the North Pacific Ocean, to the meridian ot
193 degrees west longitude, so as to include in the territory con-
veyed the whole of the Aleutian islands east of that meridian.

The treaty ceding to the United States the territory of Russian

ALASKA.

America, as it was then called, was concluded March 30, 1867.
The sum of $7,000,000 was originally agreed upon; but when it
was understood that there was a fur company and also an ice
company enjoying monopolies under the existing government, it
was thought best that these should be extinguished; and the
United States added $200,000 to the purchase money, in consid-
eration of which the Russian Government formally declared the
cession of the territory to be free of all incumbrances.

Although there is no record of official correspondence on the
matter, the eastern boundary line appears to have been the subject
of informal consultation between the United States and Great
Britain soon after the territory was annexed. In his annual mes-
sage to Congress, December 2, 1872, President Grant recom-
mended the appointment of a joint commission to determine the
line; but no action upon the matter was taken by Congress. On
May 17, 1886, President Cleveland transmitted to Congress
copies of correspondence on the question between Secretary
Bayard and Minister Phelps, and recommended the appropriation
of $100,000 for making a preliminary survey of the frontier terri-
tory. During the winter of 1887-88, informal conferences were
held in Washington between Prof W. H. Dall, of the United
States Geological Survey, and Dr. George M. Dawson, both
authorities on the Territory of Alaska, but the conferences led to
no result. On August 20, 1895, Lord Gough inquired of Secre-
tary Olney if a joint surveyor could not be appointed to act with
Mr. William Ogilvie, who was then about to survey the intersec-
tion of the one hundred and forty-first meridian and the Yukon
River. The Acting Secretary of State asked if the proposed
survey could not be delayed until Congress had had an opportunity
to consider the question. This suggestion was transmitted to the
Canadian government, which answered that the season was so fiir
advanced that it would not be possible to communicate with Mr.
Ogilvie before the next summer, when a considerable portion of

lO ALASKA.

the one hundred and forty-first meridian would already be marked
on the ground. An extract from a letter by Secretary Olney,
dated March 1 1, 1896, was as follows:

"So far as the recent and existing surveys on either side have
progressed, they exhibit a close coincidence of results. At one
point, as I am informed, the difference between Mr. Ogilvie's loca-
tion and that made by the United States Coast and Geodetic Sur-
vey is only about 6 feet 7 inches. In another point the difference
is in the neighborhood of 500 or 600 feet, and at other points even
closer coincidence than this latter is expected when the compari-
son of calculations shall have been worked out."

Mr. Olney proposed that the two Governments should agree
upon certain points of the one hundred and forty-first meridian
at the intersection of the principal streams, locating the same at
points midway between the determinations of the Coast and Geo-
detic Survey and of Mr. Ogilvie, and providing for the junction
of the points so located by convenient joint surveys, as occasion
should require, until the entire line should be established. This
would supply a permanent line which for international purposes
would be coincident with the one hundred and forty-fifth meridian,
stipulated under existing treaties, and would require no further
immediate arrangement than the dispatch of a joint surveying
party to set up monuments at the points defined, with perhaps the
survey of a traverse line connecting the monuments on the Yukon
and Forty Mile Creek, and farther south if necessary.

The Canadian government agreed to this proposition, and the
convention is now pending before the Senate of the United
States.

POPULATION.

No definite idea of the population was obtained until the cen-
sus of 1890. In 1868, in a report by Maj. Gen. H. W. Halleck,
the number given was 82,400. In the same year Rev. Vincent

ALASKA. 1 1

Collyer, in his report to the Commissioner of Indian Affairs,
added i 1,900 Thlinket Indians to the number given by General
Halleck, making 94,300, while Ivan Petroff, Special Agent for the
Tenth Census (1880), states the population as 33,426. The cen-
sus of 1890, which is the first detailed statement, fixes the number
at 32,052, which is made up of 4,298 white, 23,531 Indians,
2,288 Mongolians, and 1,935 mixed blood.

II.

Indian Tribes of Alaska.

For some years after the cession of Alaska to the United States,
there was trouble among the Indian tribes, and a man-of-war
was stationed in Sitka Harbor. There has been no recent dis-
turbance. The natives of Alaska, according to Mr. Petroff, are
divided into four principal families: The Eskimo or Innuit, the
Aleut (Oonagan), the Thlinket, and the Athabaskan (or Tinneh).
There are numerous subdivisions. The Eskimos occupy almost
the whole coast line of Alaska west of the one hundred and forty-
fifth meridian. The Aleuts inhabit parts of Aliaska Peninsula,
the Shumagin Islands, and the Aleutian chain. The Athabaskans
include a large number of tribes generally classed as "North
American Indians," extending from the mouth of the Mackenzie
River in the north to the borders of Mexico in the south. The
northern tribes extend west nearly to Bering Sea, touching the
coast only in the northern part of Cook Inlet. At every other
point they are separated from the ocean by a belt of Eskimo.
The Thlinket inhabit the coast and islands from the intersection
of the one hundred and forty-first meridian to the southern bound-
ary of Alaska. Detailed descriptions of the tribes are given in
PetrofF's Population, Industries, and Resources of Alaska; by
Dall, in "Alaska and its Resources," and by Lieutenant Schwatka
(Military Reconnoissance in Alaska).

The report of Governor Knapp for 1892 says: The Athabas-
cans and Eskimos have come less under the influences of contact
with white people than the other tribes, and therefore retain more

ALASKA. 1 ">j

of their original customs and peculiarities. They occupy the in-
terior and the coast of the Arctic Ocean and Bering Sea. The
Eskimos are a comparatively gentle and inoffensive people, living
mostly upon fish, walrus, u^hale, and other game to be found near
the shores and in the water, though they also make long excursions
into the interior, hunting reindeer, moose, and other large animals.
The interior Indians (Athabascans) live mostly by hunting and
fishing in the rivers. A few mission stations along the coast and
on the Yukon River have had a little influence upon a very small
number of the people. The mining camps on the upper Yukon
have also come in contact with the natives to some extent in the
way of trade, but they have not in any large degree acted as civ-
ilizing agencies. It is said the natives of the upper Yukon region
have been very little demoralized by the use of intoxicating liquor,
perhaps on account of the difficulty of packing it across the divide.
Mr. Chapman, of Anvik, writes that "liquor has not troubled the
natives speaking the group of dialects found around Anvik; but
almost everywhere else in the Yukon country it has made more or
less trouble." The dialects referred to arise from the interrelations
of Eskimos and Athabascans at the point of contact. The Eskimos
and interior Indians find it necessary to exercise the utmost of their
energies and of their ingenuity to secure a bare subsistence, and
their ideas have not risen much above the level of animal existence.
Physically, they are strong and comparatively healthy; mentally,
they lack vigor; morally, they substitute expediency for right.
They are comparatively honest, because it is the best policy to be
so. They see no moral quality in abstaining from the use of
intoxicating liquors, tobacco, or other hurtful things, or in restraints
in the relations of the sexes.

Except as their ideas are modified by relations and intercourse
with white people, they have no religion, unless certain indefinite
superstitions having no connection with any idea of a supreme
spiritual being can be called religion.

ALASKA.

The Aleuts have become thoroughly Russianized. They talk
Russian, belong to the Russian Orthodox Church, shade off into
Russian blood, features, and complexion, and affect Russian ideas.
They are rapidly fading away. Their physical condition is far
from being satisfactory, and their moral condition is worse. They
are an easy-going, gentle, and kindly disposed people, somewhat
lacking in force of character. They secure a comfortable living
with their sea-otter hunting and fishing, and have little forethought
as to the future.

The Thlingkets, Tsimpseans, and Hydas live in southeastern
Alaska and are very similar in character and habits, though their
languages are different. Their contact with white people has very
much modified them in many respects, and many of them now
converse freely in the English language, while a few^ of them read
and write.

III.

Geography and Topography.

Alaska may be conveniently divided, says Special Agent Ivan
Petroff, in his report on the Population, Industries, and Resources
of Alaska, 1884, into six geographical sections:

1, The southeastern, containing 29,980 square miles, and com-
prising the coast from Mount St. Elias in the north, to Portland
Canal, in latitude 54° 40' in the south, together with the islands of
the Alexander Archipelago between Cross Sound and Cape Fox.
This region differs from the bulk of Alaska, resembling British
Columbia and the adjoining islands. It is densely wooded and
exceedingly mountainous in its formation, the coast is deeply
indented with bays and fiords, and for two-thirds of its length is
sheltered by the islands of the archipelago. Coal has been dis-
covered on many of the islands and on the mainland, but no
practical use has thus far been made of the discoveries. Discov-
eries of gold-bearing quartz were made on Baranof Island, but
the ledges are not worked. Gold was also discovered on the
peninsula between Taku and Chilkat inlets and on Douglas
Island. The natives are chiefly engaged in the fur trade and
fisheries. There are numerous glaciers, and the mountains range
from 2,000 feet in height to 18,100 (Mount St. Elias). The chief
river is the Stikine (see "River system").

2. The Kadiak division, containing 14,610 square miles, com-
prises the south coast of the Aliaska Peninsula down to Zakharof
Bay, with the adjacent islands, the Kadiak group. Cook Inlet, the
Kenai Peninsula, and Prince William Sound. This country is

l6 ALASKA,

also very mountainous. Steep ridges and peaks rise to the height
ot sometimes 12,000 teet, intersected by glaciers. Coal has been
tound on the peninsula opposite Kadiak Island, and coal and gold
on Cook Inlet. The principal rivers are the Shushitna and the
Copper.

3. The Aleutian division contains 14,610 square miles, and
comprises the western part of the Aliaska Peninsula and the chain
of islands from the Shumagin group in the east to Attu in the
west, including the Pribilof Islands. The islands appear to be a
continuation of the main Alaskan range of mountain groups.
There are many volcanic peaks, and slight shocks of earthquake
are common. The entire division is treeless, dwarfed specimens
of creeping willow being the nearest approach to timber found.
Grass grows in abundance.

4. The Kuskokwim division contains 1 14,975 square miles, and
is bounded on the north by the Yukon division and on the east
by the mountain range between the Kuskokwim and Tanana rivers.
The head waters ot this river have not been explored, but the
ground on the shores is low and marshy. The interior of Alaska
is less elevated, and contains extensive plains. The country is
poor in natural products, although salmon abounds in the river.

5. The Yukon division contains 176,715 square miles, and
comprises the valley of the Yukon River, as far as it lies within
our boundaries, with its tributaries. The division is bounded by
the Arctic division on the north, the one hundred and forty-fifth
meridian on the east, and Bering Sea on the west. The southern
boundary lies along a line indicating the water shed between the
Yukon and the Kuskokwim, Sushitna, and Copper rivers. This
section, as well as the Kuskokwim division, are more fully described
under the heading "River system."

6. The Arctic division covers 125,245 square miles, and com-
prises that portion of the continent between the one hundred and
forty-fifth meridian on the east and Bering Strait on the west, the

ALASKA.

Yukon district on the south and the Arctic Ocean on the north.
This division, situated ahiiost entirely above the Arctic Circle, is
known only from observations made on the seacoast. The vast
interior, consisting probably of frozen moors and low ranges of
hills, intersected here and there by shallow streams, remains almost
entirely unknown. The Meade, Ikpikpung, and Colville rivers
empty into the Arctic Ocean, and the Selawik (flowing through
Selawik Lake), the Noatak, and the Kowak empty into Kotze-
bue Sound. The natives report the existence of settlements on
all these rivers except the Colville, whose head waters no white
man has ever visited. The coast settlements between Cape
Prince of Wales and Point Barrow are visited annually by many
schooners and ships engaged in whaling, hunting, and trading, and
the inhabitants are better accustomed to white men than the
natives of any other regions of Alaska. They carry on an exten-
sive traffic with the natives of the Arctic coasts of Alaska and
Asia. Kotzebue Sound is by far the best harbor in this section
of the Arctic Ocean.

RIVER SYSTEM.

One of the characteristics of Alaska is the network of rivers
that covers its surface, and that serves as the most available means
of transportation. In the Sitkan district, says Mr. Petroff, land
travel is simply impracticable. Nobody goes on a road; savages
and whites all travel by water. In the more northern regions "the
country, outside of the mountains, is a great expanse of bog,
lakes, large and small, with thousands of channels between them."
By ascending Lynn Channel, the head waters of the Yukon can be
reached by the Chilkoot, the Chilkat, or the White passes; the
Copper and Tanana rivers, the Copper and Sushitna, the Tanana
and White, the Sushitna and Kuskokwim are connected by trails.
There is a trail of 6 miles between branches of the Yukon and Kus-
kokwim.^ In the Alaska peninsula, there is a route from Bristol

1 According to the map in Nansen's " Farthest North."
No. 86 2

l8 ALASKA.

Bay to Shelikof Strait, via \\ alker Lake and the Naknek River.
Speaking of this region, Mr. Dall (Alaska and its Resources,
1870, p. 273) says: "The country between and at the bases of
the high mountains, which form the prolongation of the Alaskan
range in the peninsula, is very low and marshy. In many places,
large lakes are found, emptying into the sea by rivers on either
side, and it is said that in some places a passage can be made in
canoes from one shore to the other, hardly lifting the canoe out of
water during the journey."

The Yukon can be reached from Norton Sound via the Una-
laklik and Autokakat rivers (or via the Kaltag), the usual route
of travelers from St. Michaels. The Yukon also connects, via
the Koyukuk, with Kotzebue Sound. The statement is made by
natives that there are routes of travel between the northern tribu-
taries of the Yukon or the Noatak and the rivers that empty
direct into the Arctic Ocean.

Beginning on the south, the Stikine is the first river of large
size, although it lies within Alaskan territory, only 30 miles in an
air line from its mouth. It empties into Dry Strait, near Wran-
gell Island. The river has become well known on account of the
gold diggings on its banks, all of which are in British territory.
It is over 250 miles in length, and is navigable only by boats,
except during the spring freshets. The North Fork (about 40
miles long) rises on the east side of the Bald Mountains, near the
headwaters of the Yukon. A small stream called the Taku flows
into Glacier Arm of St. Stephens Strait. The Chilkat, a much
larger river, enters the northern extremity of Lynn Channel. 1 he
general direction of this river is from the north. The Indians
ascend it against a rapid current in twenty days, when they make
a portage by several lakes to the Lewis River, a tributary of the
Yukon.

The mouth of the Copper River lies in latitude 60° 17' and
longitude 145° 20'. The delta is 30 miles long by 4 or 5 wide,

ALASKA, IQ

and the principal mouth is at the northwest. This river, with its
tributary the Chittyna, was explored in 1885 by Lieutenant Allen
(Reconnoissance in Alaska, Senate Ex. Doc. 125, Forty-ninth
Congress, second session). He followed the Copper River for
some 389 miles, and says that it drains, approximately, 25,000
square miles. By way of the Slana River and Lake Suslota, the
Tanana, a tributary of the Yukon, can be reached. Lieutenant
Allen says (pp. 69-7 1 ) :

To find two rivers of the magnitude of the Tanana and Copper heading so
near each other as almost to have intersecting tributaries, and to be so entirely
different in their characteristics, 1 consider one of the most interesting discov-
eries of the expedition. . . . The pass over the Alaskan range, Lake Suslota,
is probably the best locality that will permit communication between the Yukon
Basin and the Copper River country, and would doubtless be used should the
minerals of the latter region prove of sufficient importance. The possibility
of the ascent of the Copper with provisions can hardly be entertained, unless
it be made with sleds during the winter.

The Sushitna River empties into Cook Inlet. This river is
said to connect both with the Tanana and the Kuskokwim by
trails. \\ est of Augustin Island is a small stream by which,
through the mountain gorges, portage is made to Lake Iliamna.
This lake, says Mr, Dall, is supposed to be rather shallow, and is
known to be over 80 miles long and about 24 broad— fully half"
as large as Lake Ontario. At Fort Alexandra is the mouth of
the Nushagak, said to be 150 miles in length, and to connect by
means of lakes and rivers with the Kuskokwim. This is the
second largest river in Alaska, In his report on the Territory,
Mr. Petroff says:

The length of the main artery of this division is not known, the head waters
of the Kuskokwim having thus far been untouched by the explorer or trader. '
We have the statements of natives to the effect that the upper Kuskokwim River
flows sluggishly through a vast plateau or valley, the current acquiring its impe-
tus only a short distance above the village of Napaimute. From this point
down to the trading station of Kalmakovsky and to the southern end of the
portage route between this river and the Yukon, the banks are high and gravelly

20 ALASKA.

and chains of mountains seem to run parallel with its course on either side.
This section of the Kuskokwim Valley is but thinly populated, though appar-
ently the natural advantages are far greater than on the corresponding section
of the Yukon. The soil is of better quality and is sufficiently drained to permit
of a more luxuriant growth of forest trees, shrubs, and herbs.

Such indications of minerals as have been found here are the most promising
of those in any portion of western Alaska, consisting of well-defined veins of
cinnabar, antimony, and silver-bearing quartz.

Game and fur-bearing animals do not abound in this section of the river val-
ley, as it is an old hunting ground, and has been drained by constant traffic for
more than half a century. The principal business of the traders at Kalma-
kovsky is derived from the almost unknown head waters of the river, where the
beaver, marten, and fox are still plentiful.

The people of the lower Kuskokwim, adds Mr. PetrofF, live from
the abundant supply of salmon. Over 4,000 people lay in the
winter supply for themselves and for their dogs during a few
months of summer. The fish is dried in a wasteful manner, and
with better methods four times the number could be provided for.
This section of the country teems with population. The estuary
of the river is capacious, and the tides have a surprising velocity
and an enormous rise and fall.

THE YUKON REGION.

The following descriptions are also taken from Mr. Petroffs
report :

The people of the United States will not be quick to realize that the volume
of water in an x'\laskan river is greater than that discharged by the mighty Mis-
sissippi; but it is entirely within the bounds of honest statement to say that
the Yukon River, the vast deltoid mouth of which opens into Norton Sound of
Bering Sea, discharges every hour one-third more water than the "Father of
Waters." There is room for some very important measurements in this con-
nection, which I hope will soon be made. Entering the mouth, or rather any
one of the mouths, of this large river, we are impressed first by the exceeding
shallowness of the sea 50 miles out from it, varying in depth from 2 to 3 fathoms ;
and, second, by the mournful, desolate appearance of the country itself, which
is scarcely above the level of the tide, and which is covered with a monotonous

ALASKA. 2 1

cloak of scrubby willows and rank grasses. The banks, wherever they are
lifted above the reddish current, are continually undermined and washed away
by the flood, and so sudden and precipitate are these landslides at times that
traders and natives have barely escaped with their lives. For loo miles up,
through an intricate labyrinth of tides, blind and misleading channels, sloughs,
and swamps, we pass through the same drearv, desolate region, until the higher
ground is first reached at Kusilvak, and until the bluffs at Andreievsky and at
Chatinakh give evidence of the fact that all the land in Alaska is not under
water. It is watered, however, here, there, and everywhere, and impresses one
with the idea of a vast inland sea, which impression holds good even as far up
the river as 700 or 800 miles, where there are many points, even far in the
interior, at which this river spans a breadth of 20 miles from shore to shore.
As we advance toward its source we are not surprised, when we view the character
of the country through which it rolls, at the vast quantity of water in its chan-
nel. It would seem as though the land itself, drained by the river on either
side within Alaska, were a sponge, into which all rain and moisture fi-om the
heavens and melting snow are absorbed, never finding their release by evapora-
tion, but conserved to drain, by myriads and myriads of rivulets, the great
watery highway of the Yukon. I noticed a striking evidence of the peculiar
nonconductive properties of the tundra mosses, or swale, last summer in pass-
ing through many of the thousand and one lakes and lakelets peculiar to that
region, where the ice had bound up the moss and overhanging water growth at
the edges of the lakes. In the breaking up and thawing out of summer that ice
failed to melt, and the renewed growth of the season of vegetation, reaching
out in turn from this icy border, will again prevent thawing, and so on until
shallow pools and flats are changed into fixed masses of ice hidden from view.

The Yukon is formed by the junction of the Lewis and Pelly
rivers. Mr. Wilson, in his "Guide to the Yukon Gold Fields,"
published at Seattle, 1895, gives the length of the Yukon as 2,044
miles, and says that it is navigable the entire distance for tlat-
bottom boats with a capacity of from 400 to 500 tons.

The White River, a portion of whose waters flows through
Alaskan territory, empties into the Yukon on British territory.
Forty Mile Creek, Birch and Beaver creeks join the river between
Fort Yukon and Dawson, a British town. The following descrip-
tion of the topography of the Yukon River below Fort Yukon
(966 miles from mouth) is quoted by Mr. Petroff from the

22 ALASKA.

account of Capt. C. W. Raymond, United States Army (see
Alaska, its Population, Industries, and Resources, pp. 89-90):

Fort Yukon is situated in latitude 66° 33' 47" and longitude 145° 17' 47", at
a point where the Yukon receives the waters of the Rat or Porcupine River, a
large tributary emptying on the right bank and flowing from its headwaters in
a general direction a little south ot west. From Fort Yukon to the mouth of
the Chetaut River, a distance of about 200 miles, the river has a general direc-
tion about west-southwest, the country on both sides of the stream being low
and level, usually consisting of sand or gravel. The average width of that
portion of the river is about three-quarters of a mile, but in some places, meas-
ured across its numerous islands, it widens out to 5 or 6 miles. The current
through all its passages is extremely rapid, and in many places the deepest chan-
nel does not carry more than 3 feet of water. Vegetation on the banks and
islands is principally small willow and poplar, with occasional groves of spruce
and birch.

From the mouth of the Chetaut River, however, the Yukon rapidly changes
its character; the islands disappear, the banks rise into hills, and the stream
gradually narrows into one channel, deep and rapid, until it finally rushes with
great velocity through the Rampart range of hills. The bluffs composing this
range rise abruptly from the water's edge, and are composed principally of a
hard, greenish rock, though slate is occasionally observed, and at the principal
rapids a ledge of granite crosses the river. Most of the hills are covered with
groves of spruce and birch, but the trees are all small, and in many places they
lie for some distance scattered in every direction, showing the small depth to
which their roots descend in the frozen ground and the great force of the pre-
vailing winds. From the Chetaut River to the Rampart rapids, a distance of
some 60 miles, the Yukon flows in a direction nearly northwest, and averages
about two-thirds of a mile in width, which decreases at the rapids to about 150
yards. The tributaries emptying into this section are also chiefly from the
north and small in volume. The first native village met after descending from
Fort Yukon is situated just below the rapids. From here to Nulato, a distance
of some 240 miles, the river has a general direction about west by south.
There are, however, many bends, although they are less sudden and numerous
than in other portions of the river. After leaving the Rampart range the river
widens again and diminishes in velocity. The right bank is generally hilly and
abrupt, and on the left, though the shore is generally low or flat, the hills and
bluffs occasionally approach the water's edge. The average width of the chan-
nel is about three-quarters of a mile, but occasionally groups of low islands
cause a widening of the river. About 50 miles below the Nuklukaiet station, a

ALASKA.

range of mountains appears on the right bank. This is a succession of well-
defined peaks and ridges, describing a beautiful curve of many miles, with its
concavity toward the river and its flanks resting upon the water's edge. All
this bank is well timbered with spruce, poplar, and birch.

The principal northern tributaries of the river are the Koyakuk,
the Porcupine, the Melozikat, and the Tozikakat. The Koyakuk
was ascended by Lieutenant Allen for 532 miles from its mouth.
He says that at that point, although there had been several large
tributaries, the volume of water in the river had not apparently
diminished. He estimates that the Koyakuk drains 55,000
square miles.

The Tanana empties into the Yukon on the south "about 30
miles below the Ramparts and near the great trading ground
called Nuklukaiet, where the Indians are accustomed to congregate
in the spring and meet the white traders." From the place where
Lieutenant Allen reached the Tanana on his trip from the Cop-
per River to the junction of the Tanana with the Yukon was 546
miles. The river, says Lieutenant Allen, drains 45,000 square
miles. Owing to its violent rapids, it is dangerous to navigation.
Continuing the description of the Yukon, Mr. Petroff says:

From Nulato, situated some i;o miles south of the mission, to Andreafski
the distance is about 350 miles, and the river has the following approximate
directions: From Nulato to Anvik, south-southwest; from Anvik to the upper
entrance of Shageluk Slough, south-southeast; from the upper entrance of the
slough to the great bend, southwest ; from the great bend to Andreafski, west by
south. It is difficult to convey an idea of this portion of the river, as its numer-
ous windings, its hundreds of islands, its bars and shoals, ever changing and
shifting, baffle the traveler in his search for a navigable channel. Generally
speaking, the right bank is high, exhibiting many bluffs of sand and rock much
eroded by the ice torrents of the spring. The ice sometimes undermines the
high banks to a distance of 20 or 30 feet, and the trees standing on the project-
ing tops of the banks are loosened by the action of frost and water and pre-
cipitated into the stream beneath, and thus the river goes on widening and
shoaling, and floating immense quantities of driftwood down to the sea. Some-
times the right bank rises into high hills, but the left bank is generally low and
level; here and there, however, a few isolated hills are seen standing back a

24 ALASKA.

mile or two from the water, and for nearly the whole distance a range of distant
mountains parallel to the left shore is visible. In these mountains, lie the upper
branches of the great river Kuskokwim.

Sandstone and slate continue throughout this portion of the Yukon Val-
ley. . . . There are few tributaries of importance in this section of the river,
but there are many small streams. The Takaiak joins the river some 50 miles
below Nulato, and the Anvik about 110 miles lower down. The latter has
steep banks and swift waters. About 130 miles below Nulato the Yukon sepa-
rates into two branches, the main stream pursuing a southerly course, and the
lesser branch, running at first a little south of east, makes finally a great bend to
the south and west and enters the main river again about 60 miles below the
point of separation. This lesser branch is called Chageluk Slough, and into it,
a few miles from its entrance, empties the Chageluk or Innoko River. A little
below Andreievsky the Yukon bends abruptly to the north and runs about north-
west to the sea. The three principal outlets of the great river are the Aphoon
or upper, the Kwikpak or middle, and the Kusilvak or lower mouth. The
Aphoon outlet is about 40 miles in length and has an average width of perhaps
one-third of a mile.

During the brief summer, adds Mr. PetrotF, tlie whole popula-
tion flocks to the river, attracted by the myriads of salmon. The
banks are lined with summer villages and camps of fishermen,
who build their basket traps far out into the eddies and bends of
the stream and lay up their store of dried fish, or "yukala," for the
long arctic winter. The traveler on the river during this busy
season would form an entirely erroneous idea of the density of the
population. The surrounding country is drained. Were he to
make a brief excursion into the almost impenetrable forests and
over the hills and mountains, he would quickly perceive that
along the river alone exist the conditions necessary to sustain life
throughout the year. The small rivulets of the interior and the
vast swampy plains covered with snow for seven or eight months
of the year are only visited by the trapper and hunter when the
skins of the marten, mink, and muskrat are in their prime.
Where the mountains are higher, along the upper courses of the
Yukon and the Tanana, game is more abundant and the inhabitants
are less dependent upon the river and its fish.

IV.

Climate.

Mr. Dall (Alaska and Its Resources, p. 285) says that the mild
climate of the southern portion of Alaska is due to the Japanese
current, which splits on the eastern end of the Aleutian chain, the
smaller portion passing north to Bering Strait and preventing the
flow of ice southward, and the other portion sweeping south of the
islands, bringing a warm, moist atmosphere, which is responsible
for the remarkable rainfall. " To fully appreciate," says Mr. Pet-
roff, "how much moisture in the form of fog and rain settles upon
the land, one can not do better than to take a walk through one of
the narrow valleys to the summit of a lofty peak. He will step
upon what appeared from a distance to be a firm greensward, and
will sink to his waist in a shaking, tremulous bog."

A report prepared by Chief Willis L. Moore, of the United
States Weather Bureau, on the climate of Alaska, is as follows:

The general conception of Alaskan climate is largely due to those who go
down to the sea in ships, and this is not strange when we consider the vast
extent of shore line — over 26,000 miles — possessed by that Territory. The
climates of the coast and the interior are unlike in many respects, and the dif-
ferences are intensified in this, as perhaps in few other countries, by exceptional
phvsical conditions. The natural contrast between land and sea is here tre-
mendously increased by the current of warm water that impinges on the coast
of British Columbia, one branch flowing northward toward Sitka and thence
westward to the Kadiak and Shumagin Islands.

The fringe of islands that separates the mainland from the Pacific Ocean
from Dixon Sound northward, and also a strip of the mainland for possibly
20 miles back from the sea, following the sweep of the coast, as it curves to
the northwestward, to the western extremity of Alaska, form a distinct climate

26 ALASKA,

division, which mav be termed temperate Alaska. The temperature rarelv falls
to zero; winter does not set in until December i, and by the last of May the
snow has disappeared except on the mountains. The mean winter temperature
of Sitka is 32.5 degrees, but little less than that of Washington, D. C. While
Sitka is fully exposed to the sea influence, places farther inland, but not over
the coast range of mountains, as Killisnoo and Juneau, have also mild tempera-
tures throughout the winter months. The temperature changes from month to
month in temperate Alaska are small, not exceeding 25 degrees from midwinter
to midsummer. The average temperature of July, the warmest month of sum-
mer, rarely reaches 55 degrees, and the highest temperature of a single day
seldom reaches 75 degrees.

The rainfall of temperate Alaska is notorious the world over, not only as
regards the quantity that falls, but also as to the manner of its falling, viz, in long
and incessant rains and drizzles. Cloud and fog naturally abound, there being
on an average but sixty-six clear days in the year.

Alaska is a land of striking contrasts, both in climate as well as topography.
When the sun shines the atmosphere is remarkably clear ; the scenic effects are
magnificent; all nature seems to be in holiday attire. But the scene may change
very quickly; the sky becomes overcast; the winds increase in force; rain
begins to fall; the evergreens sigh ominously, and utter desolation and loneli-
ness prevail.

North of the Aleutian Islands the coast climate becomes more rigorous in
winter, but in summer the difference is much less marked. Thus, at St. Michaels,
a short distance north of the mouth of the Yukon, the mean summer tempera-
ture is 50 degrees, but 4 degrees cooler than Sitka. The mean summer tem-
perature of Point Barrow, the most northerly point in the United States, is
36.8 degrees, but four-tenths of a degree less than the temperature of the air
flowing across the summit of Pikes Peak, Colo.

The rainfall of the coast region north of the Yukon Delta is small, diminishing
to less than ten inches within the arctic circle.

The climate of the interior, including in that designation practically all of the
country except a narrow fringe of coastal margin and the territory before
referred to as temperate Alaska, is one of extreme rigor in winter, with a brief,
but relatively hot, summer, especially when the sky is free from clouds.

In the Klondike region in midwinter, the sun rises from 9.30 to 10 a. m., and
sets from 2 to 3 p. m., the total length of daylight being about four hours.
Remembering that the sun rises but a few degrees above the horizon, and that
it is wholly obscured on a great many days, the character of the winter months
may easily be imagined.

We are indebted to the United States Coast and Geodetic Survey for a series
of six months' observations on the Yukon, not far from the site of the present

ALASKA. 27

gold discoveries. The observations were made with standard instruments, and
are wholly reliable. The mean temperature of the months October, 1889, to
April, 1890, both inclusive, are as follows: October, 33 degrees; November, 8
degrees; December, 11 degrees below zero; January, 17 degrees below zero;
February, 15 degrees below zero; March, 6 degrees above zero; April, 20
degrees above. The daily mean temperature fell and remained below the freez-
ing point (32) from November 4, 1889, to April 21, 1890, thus giving 168 days
as the length of the closed season of 1889-90, assuming the outdoor operations
are controlled by temperature only.

The lowest temperatures registered during the winter were: 32 degrees below
zero in November, 47 below in December, 59 below in January, 55 below in
February, 45 below in March, 26 below in April.

The greatest continuous cold occurred in February, 1890, when the dailv
mean for five consecutive days was 47 degrees below zero. The weather mod-
erated slightly about the 1st of March, but the temperature still remained below
the freezing point. Generally cloudy weather prevailed, there being but three
consecutive days in any month with clear weather during the whole winter.
Snow fell on about one-third of the days in winter, and a less number in the
early spring and late tall months.

Greater cold than that here noted has been experienced in the United States
for a very short time, but never has it continued so very cold for so long a time.
In the interior of Alaska, the winter sets in as early as September, when snow-
storms may be expected in the mountains and passes. Headway during one of
these storms is impossible, and the traveler who is overtaken by one of them is
indeed fortunate if he escapes with his life. Snowstorms of great severity may
occur in any month from September to May, inclusive.

The changes of temperature from winter to summer are rapid, owing to the
great increase in the length of the day. In May the sun rises at about 3 a. m.
and sets about 9 p. m. In June it rises about 1.30 in the morning and sets at
10.30, giving about twenty hours of daylight, and diffuse twilight the remainder
of the time.

The mean summer temperature of the interior doubtless ranges between 60
and 70 degrees, according to elevation, being highest in the middle and lower
Yukon valleys.

Speaking of the temperature of St, Michael's and vicinity,
Mr. Petroff quotes from Mr. E. W. Nelson's report (1880) to
the Chief Signal Officer:

During the past four years, the first mush-ice has begun to form in the bavs
from the 15th to the 18th of October, and the bays have been frozen over so

28 ALASKA.

as to bear a man from the 25th to the 28th ot" October, with the exception of
the vear 1878, when a strong wind took the ice out, and it did not freeze again
until the 10th of November. Up to the 15th of October, vessels could enter
here without danger of meeting ice. In the spring, much more uncertainty
exists, as to a great extent the date of open water depends upon what the
prevailing winds may be. Long-continued north winds, following a severe
winter, as in 1880, may keep the ice barrier in until the 20th of June, and it
has even remained until nearly the 1st ot July; but these late dates are excep-
tional. As a rule, the ice will be thoroughly broken up and a strong vessel
mav enter Norton Sound through the ice by the 10th of June. Between the
20th of June and the 1st of July may be called safe dates for any vessel except
in an unusual season, as during a large part of June fine weather prevails.

As in most other places under high latitudes, there is no long gradation from
season to season, but instead we have two well-marked periods — a long winter
of about seven months, extending from October until well into May, and five
months of summer. The winter is by far the best, as there are long periods of
beautifully clear days, which are welcomed in spite of the usually accompanying
intense cold. The summer is rendered very disagreeable by a large number of
cold, misty rains, and the low overhanging stratum, which appears to shut
down all about like a leaden covering.

As a natural result of these climatic conditions, the warm
weather brings swarms of mosquitoes. Mr. Petroif says (speaking
especially of the Kuskokwim region, although the same complaint
is made by travelers in other sections):

. There is a feature in this country which, though insignificant on paper, is to the
traveler the most terrible and poignant infliction he can be called upon to bear in a
new land. I refer to the clouds of bloodthirsty mosquitoes, accompanied by a
vindictive ally in the shape of a small poisonous black fly, under the stress of
whose persecution the strongest man with the firmest will must either feel
depressed or succumb to low fever. They hold their carnival of human tor-
ment from the first growing of spring vegetation in May until it is withered by
frosts late in September. Breeding here as they do in the vast network of slough
and swamp, they are able to rally around and to infest the wake and the prog-
ress of the explorer beyond all adequate description, and language is simply
unable to portray the misery and annoyance accompanying their presence. It
v/ill naturally be asked. How do the natives bear this ? They, too, are annoyed
and suffer, but it should be borne in mind that their bodies are annointed with
rancid oil ; and certain ammoniacal vapors, peculiar to their garments from

ALASKA. 29

constant wear, have a repellant power which even the mosquitoes, bloodthirsty
and cruel as they are, are hardly equal to meet. When traveling, the natives
are, however, glad enough to seize upon any piece of mosquito net, no matter
how small, and usually they have to wrap cloths or skins about their heads and
wear mittens in midsummer. The traveler who exposes his bare eyes or face
here loses his natural appearance ; his eyelids swell up and close, and his face
becomes one mass of lumps and fiery pimples. Mosquitoes torture the Indian
dogs to df^ath, especially if one of these animals, by mange or otherwise, loses
an inconsiderable portion of its thick hairy covering, and even drive the bear
and the deer into the water.

Towns and Trading Posts.

The capital of the Territory is Sitka, located in 57° N., 135°
17' W., on a low strip of land on the west of Baranof Island.
Mount Edgecumbe, an extinct volcano of 8,000 feet, opposite the
town, is the landmark of the port. There is an industrial school,
and the population was 1,190 in 1890. Salmon fishing and cur-
ing is the chief industry. Steamers ply once a month between
Sitka and Portland, Oreg. The harbor is small but commodious.
Mean temperature (forty-three years), January, 31.4°; August, 5'5.9°.
Annual rainfall (thirty years), 84.06 inches. Senator Charles
Sumner of Massachusetts called attention to the fact that the
winter of Sitka is milder than that of many European capitals —
Berlin, Copenhagen, Berne, Stuttgart, Vienna, or Turin. Mr.
Dall (p. 255) says that the shortest distance from San Francisco
Harbor to Sitka is 1,296 miles. By the inner passage, between
the archipelago and the coast of British Columbia and Alaska, the
distance is 1,647 miles; large sailing vessels have to go outside.
Juneau (population 1,253, census of 1890) is located near the
Lynn Channel, by which there are trails to the Yukon. Mr.
Wilson (Guide to the Yukon Gold F'ieUls) says that the year 1895
witnessed a great improvement in the town, and Juneau is to-day
a progressive city with fine buildings, wharves, electric lights,
waterworks, hotels, etc.

Wrangell, on the northern part of the island of the same name,
is about 10 miles from the mouth of the Stikine, and is the point
of departure for traders and miners penetrating into the interior by
30

ALASKA. 31

way of that river. The regular mail steamer trom Portland touches
here both on the outward and return trips. There are 316 inhabi-
tants.

Douglas City, on Douglas Island, near Juneau, has a popula-
tion of 402. This is the location of the Treadwell gold mine,
with, it is said, the largest quartz mill in the world. Yakutat
(population 308) is on Yakutat Bay. Nuchek is situated on
Hinchinbrook Island, 432 miles by sea from Sitka, and 50 miles
from the mouth of the Copper River. It was formerly an impor-
tant trading post, but much of the commerce has been transferred.

In regard to the Kenai peninsula, Mr. Petrolf says:

Two of the trading stations are located at English Bay and Seldovia. Three
more stations, consisting each of two rival stores, are located at Kenai (Redoute
St. Nicholas), on the river Kinik, and the village of Toyonok, or West Foreland.

The central point of all this region is Kenai, once the site of the earliest
permanent settlement on the inlet, the remnants of which can still be seen. A
Russian missionary is located here, and a new church is nearly completed. At
the time of the transfer of the Territory, Kenai was still a fortified place, with a
high stockade and octagonal bastions at the salient points. Both stockade and
bastions, with their primitive armament of i^-pound falconets, have disappeared
since then, but a number of new buildings have sprung up, and a thrifty colony
of Creoles has taken to the cultivation of potatoes and turnips on a larger scale
than had ever been attempted before. Perhaps lo or 12 acres are planted here
now, and several of the families keep cattle. Some of the choicest salmon of
the Territory is salted here and is barreled and shipped to San Francisco.
The hunting grounds in the immediate vicinity do not yield their former abun-
dance of valuable furs, but the presence of the missionary establishment causes
a concentration of natives from all parts of the inlet at least once a year and
brings considerable trade to this old station. It was on the river Kaknu, or
Kenai, that the Russian mining engineer Doroshin reported the existence of sur-
face gold in paying quantities. After laboring with a numerous party in the
mountains for two seasons, at great expense to the Russian-American Company,
he returned with a few ounces of the precious metal, but he could present no
inducement to the corporation to proceed any further in this enterprise. Since
that time American prospectors have passed years in this region following up
the Russian's tracks, but not one of them has thus far found gold enough to
warrant him to work the find. In former years Kenai was also the site ot a

32 ALASKA.

large brickyard, the only establishment of the kind in the colony, from which all
stations and settlements were supplied with the material for the old-fashioned
Russian ovens or heaters.

About 30 miles down the coast from Kenai, there is another settlement deserv-
ing at least a passing notice. A number of "colonial citizens," or superan-
nuated employees of the old Russian company, were ordered to settle some fifty
or sixty years ago at Ninilchik, and their descendants live there still. Each
family has quite a large garden patch of turnips and potatoes, yielding enough to
allow the owners to dispose of a large surplus to traders and fishermen. They
have quite a herd of cattle, and the women actually make butter; but they are
not sufficiently advanced in farming lore to construct or use a churn, and the
butter is made in a very laborious manner by shaking the cream in bottles.
They also raise pigs and keep poultry, but on account of the hogs running on
the seashore, digging clams and feeding upon kelp, and the chickens scratching
among fish bones and other offal, both their poultry and their pork are fishy to
such an extent as to be made unpalatable.

In the vicinity of Anchor Point, on Kuchekmak Gulf, and on Graham's or
English Harbor, extensive coal veins appear along the bluffs and come to the
surface. The Russian-American Company, jointly with a San Francisco firm,
worked here for years to develop the mines and obtain a product good enough
for the use of steamers and engines, but after sinking a large capital the enter-
prise was abandoned before the transfer of the Territory took place. A few
remnants of the extensive buildings erected in connection with these mining
operations still remain on the north shore of English Bay.

St. Paul, on the northern part of Kadiak Island, does a large
fur trade. There are a number of salmon canneries on the is-
land, employing in 1890, according to Longman's Gazetteer (p.
764), 1,100 hands, Karluk (population, 1,123) is said to have
the largest cannery in the world. Kadiak (495), Alitak (420),
and Afognak (409) are other villages on the island.

On the Aleutian Islands, there are many settlements. The one
on Ounga Island has a population of about 200, according to Mr.
Petroff. Belkowsky, on the southern end of the Aliaska Penin-
sula, has 300 inhabitants. Near Protassof (100 inhabitants) there
are warm sulphur springs and ponds. Iliuliuk, on Unalaska
Island, is a point of considerable commercial importance, having
a church, custom-house, trading establishments, wharves, etc. Ni-

ALASKA.

kolsky, on the south of Unimak Island, has 127 inhabitants; it
was formerly much larger. Nazan, on Atkha Island, has a popu-
lation of 230, described by Mr. Petroff as thrifty and prosperous.
St. Paul, on the Pribilof Islands, had in 1882 a population o^'
298. The Amukhta (172° longitude) and the Unimak (160°
longitude) are the two safe passes between the islands.

St. Michaels, on Norton Sound, is one of the most important
localities on the coast. It is a trading post, says Mr. Petroff, where
rival firms have established their depots for the Yukon River and
Arctic trade. The station keepers come down from the interior
to the coast at the end of June or 1st of July, and each receives
his allotment of goods to take back with him in sailboats and
bidars during the few months when navigation on the river is not
impeded by ice. The vessels supplying this depot can seldom
approach the post before the end of June, on account of large
bodies of drifting ice that beset the waters of Norton Sound and
the straits between St. Lawrence Island and the Yukon delta.
St. Michaels is the usual landing place for the Yukon Valley.
Travelers follow a trail across the country, and reach Yukon some
392 miles from its mouth. Lieutenant Allen says that the distance
from St. Michaels to the mouth of the Unalaklik River is 55
miles by coast. He ascended the river 14 miles to a village called
Ulukuk, and followed the trail some 32 miles to the Autokakat
River. A descent of this stream for 3 miles brought him to
the Yukon.

Port Clarence, on the bay of the same name, is the place where
whalers wait for their tenders before proceeding through the straits.
The harbor is excellent. There is a reindeer farm here, and the
population numbers 485. Point Hope (population 301), Cape
Lisburne, Icy Cape, and Point Barrow are the most important
points on the northern coast.

Nulato and Nuklakayet are trading posts on the Yukon River,
the former being 467 miles from the sea, according to Lieutenant
ifo. 86 3

ALASKA.

Allen, and Nuklakayet 201 miles farther. Fort Yukon (about
300 miles distant from Nuklakayet) was formerly a trading post.
Lieutenant Schwatka says it was abandoned about 1880 as not
rem-unerative, and Fort Reliance and Belle Isle were established.
Both of these have since been abandoned. At Fort Yukon, the
river is said to be 7 miles wide.

Circle City, between Fort Yukon and Belle Isle, had a popu-
lation in 1896 of 1,150. (Report on Introduction of Domestic
Reindeer into Alaska, by Sheldon Jackson, D. D., Senate Doc.
No. 49, Fifty-fourth Congress, second session.) Missions have
been established and hospitals proposed. There are some 40
white women in the district.

VI.

Forests of Alaska — Varieties of Timber.

Speaking of the resources of Alaska, Mr. Petroffsays:

The timber of Alaska extends over a much larger area than a great many
surmise. It clothes the steep hills and mountain sides, and chokes up the
valleys of the Alexander archipelago and the contiguous mainland; it stretches,
less dense but still abundant, along that inhospitable reach of territory which
extends from the head of Cross Sound to the Kenai Peninsula, where, reaching
down to the westward and southwestward as far as the eastern half of Kadiak
Island, and thence across Shelikof Strait, it is found on the mainland and on
the peninsula bordering on the same latitude ; but it is confined to the interior
opposite Kadiak, not coming down to the coast as far eastward as Cape Douglas.
Here, however, it impinges on the coast or Cook Inlet, reaching down to the
shores and extending around to the Kenai Peninsula. From the interior of
the peninsula, above referred to, the timber line over the whole ot the interior
of the great area of Alaska will be found to follow the coast line, at varying
distances of from loo to 150 miles from the seaboard, until that section of
Alaska north of the Yukon mouth is reached, where a portion of the coast
of Norton Sound is directly bordered by timber as far north as Cape Denbigh.
From this point to the eastward and northeastward, a line may be drawn just
above the Yukon and its immediate tributaries as the northern limit of timber
of any considerable extent.

The trees, adds Mr. PetrofF, are mostly evergreen, the spruce
family preponderating to an overwhelming extent. Boards ot the
spruce are not adapted for nice finishing work in building, or in
cabinet ware, or, indeed, in anything that requires a finish; for
under the influence of slight degrees of heat, it sweats, exuding
minute globules of gum or resin, sticky and difficult to remove.
The white birch is found throughout the region that supports the
spruce — scattered or in small bodies — chiefly along the water
courses. The alder and willow are found on all the low lands,
reaching far beyond the northern and western limit of the spruce.

^6 ALASKA.

A poplar, resembling our cottonwood, attaining great size under
favorable circumstances, is also found in nearly all the timbered
sections of Alaska south of the Arctic Circle. To the westward
of the one hundred and forty-first meridian, no timber grows at an
altitude higher than 1,000 feet above the sea level. A slightly
curved line, beginning at the intersection of the coast hills of the
east shore of Norton Sound with the Unalaklik River, pass-
ing across the Yukon and Kuskokwim rivers, the mouth of the
Nushagak, across the Alaska Peninsula, and impinging upon the
North Pacific in the vicinity of Orlova Bay, on Kadiak Island,
vvill serve as the western limit of spruce forest in Alaska.

With reference to quality, continues Mr. Petroff, the trees may
be divided as follows:

1. Yellow Cedar [Ciipressus nutkanensis). — This is one of the most valua-
ble woods on the Pacific Coast, combining a fine, close texture, with great
hardness, durability, and a peculiar but pleasant odor. The Russians named it
"dushnik" (scented wood) on account of the last-named quality. In the
immediate vicinity of Sitka, on Baranof and adjoining islands, this tree was
nearly exterminated by the Russians, but on the Kehk Archipelago (Koo
Island), and on Prince of Wales Island and a few others of the Alexander
Archipelago, near the British Columbian frontier, considerable bodies of it can
still be found, and beyond the line, in the Nass and Skeena River valleys, it is
also abundant.

2. Sitka spruce [Abies sitkensis). — This is the universal forest tree of Alaska,
and is found of gigantic size on the islands of the Alexander Archipelago and on
the shores of Prince William Sound. Its medium growth it appears to attain
in the valleys of the Yukon and the Kuskokwim, while on the east side of Cook
Inlet and on the more northern uplands, it is quite stunted and dwarfed. The
Sitka spruce is most closely connected with the various requirements of all
Alaskan natives in their domestic economy, as its timber is used in the construc-
tion of nearly every dwelling throughout the country, and even those tribes which
inhabit barren coasts far removed from the limits of coniferous trees are sup-
plied with it through means of freshets and ocean currents. The sappy outer
portion of the wood furnishes splinters and torches that light up during the long
months of winter the dark dwellings of interior tribes of Tinneh stock, who
know not the oil lamp of their Innuit neighbors. The same material is also
used for sledge runners on loose but crisp-frozen snow, over which iron or steel
would drag with difficulty, as over deep, coarse sand. The Thlinket and the

ALASKA.

Hyda fashion their buoyant and graceful canoes, both large and small, from
spruce logs, and split from them also the huge planks used in the construction of
their houses. The lumber manufactured from the Sitka spruce is much less
durable than the yellow cedar, very knotty, and consequently not adapted for
shipbuilding.

3. Hemlock {^Abies mertensiana). — Though this tree generally exceeds the
spruce in size, it is of rare occurrence, much less valuable as timber, but well
adapted for fuel.

Balsam fir [Abies canadensis). — This tree is found only in small, scattered
bodies, and is of little value as timber, but the natives use its bark for tanning
and for other purposes.

5. Scrub pine (Pinus contorta). — The scrub pine is found throughout the
interior of Alaska in small, scattered bodies up to the highest latitudes, but it is
of no value as timber.

Thus it will be seen that the forests of Alaska are altogether coniferous, as the
small bodies of birch and the alder and willow thickets on the lower Yukon and
Kuskokwim rivers can scarcely be considered to come under this head. Aside
from the yellow cedar, which is rare, the timber wealth of Alaska consists of the
Sitka spruce, which is not only abundant and large (trees of from 3 to 4 feet in
diameter being quite common in southeastern Alaska and Prince William Sound),
but also generally accessible.

To give even an approximate estimate of the area of timbered lands in Alaska
is at present impossible, in view of our incomplete knowledge of the extent of
mountain ranges, which, though falling within the timber limits, must be deducted
from the superficial area of forest covering.

A few small sawmills of exceedingly limited capacity have been erected at
various points in southeastern Alaska, to supply the local demand of trading
posts and mining camps, but finished building lumber is still largely imported even
into this heavily timbered region. In all western Alaska, but one small sawmill
is known to exist, which is on Wood Island, St. Paul Harbor, Kadiak. This
mill was first set up to supply sawdust for packing ice, but since the collapse oi
that industry, its operations have been spasmodic and not worth mentioning.
Lumber from Puget Sound and British Columbian mills is shipped to nearlv
all ports in western Alaska for the use of whites and halt-breeds, while the
natives in their more remote settlements obtain planks and boards by the very
laborious process of splitting logs with iron or ivory wedges. On the treeless
isles of the Shumagin and Aleutian groups, as well as in the southern settlements
of the Alaska peninsula, even firewood is imported from more favored sections
of the Territory and commands high prices.

The driftwood washed upon the shores of Bering Sea and the Arctic is of
very little value as building material and can not be worked into lumber.

VII.

Agricultural Resources.

In regard to the agricultural resources of Alaska, Mr. Petroflf
says that it has been settled by patient experiments that cereal
crops can not be grown. Nor can the fruit trees and small fruits
of the United States be cultivated with success, unless it be the
strawberry and the cranberry. He continues:

Taking up the subject of the vegetable garden, it is found that there are
localities in Alaska where for the last eighty years, or even more, up to the
present date good potatoes have been raised, though I should say, perhaps, that
the raising of these tubers is not a certain success year after year, except at one
or two points within the Alexander Archipelago, namely, at the mouth of the
Stakhin River, at Fort Wrangel, and on Prince of Wales Island. The potato
grounds of Alaska, however, can with due care and diligence be made to furnish
in the Alexander Archipelago, in Cook Inlet, at Kadiak Island and islets con-
tiguous, and at Bristol Bay a positive source of food supply to the inhabitants.
It is not generally known that on Afognak Island there are nearly lOO acres of
land, dug up in patches here and there, which are planted by the inhabitants and
from which they gather an annual harvest of potatoes and turnips; but there
are no fields spread out, squared up, and plowed anywhere in Alaska. The
little openings in the forest or the cleared sides of a gently sloping declivity in
sheltered situations are taken up by the people, who turn out with rude spades,
of their own manufacture principally, for the purpose of subjugating and over-
turning the sod. Many of the gardens, noticeably those at the Kadiak village,
are close by the settlement, while others are at some distance.

The potato crop at Kadiak in 1880 was a total failure, and this happens at
intervals of from four to six years. The winter preceding the planting in 1880
was an unusually cold and protracted one, and the season, short at the best,
was cut off by unwonted early frosts during September and the latter part of
August. The usual growing season, however, opens early in June, from the 1st
38

ALASKA.

to the loth, and the potatoes are planted in May, coming up and growing
freely until October, when they are harvested. This growth of potatoes, fairly
established and well derined, presents the only firm and tangible evidence of
agricultural capacity within the limits of Alaska. The turnip grows and flour-
ishes wherever the potato succeeds.

Mr. Petroff says, in conclusion, that although Alaska will not
support any considerable number of people as agriculturists, it is
apparent that the existence of those who live in the Territory can
be improved by better attention to the development of the
resources latent in the soil in certain localities. The people are
disinclined to labor in this direction, preferring the profits of hunt-
ing. It will be found that points located by the Russians eighty
years ago as most suitable for gardening are the best to-day.

Captain Beardslee, United States Navy, speaking of the agricul-
tural conditions in the vicinity of Sitka, says (Reports on Affairs
in Alaska, Senate Ex. Doc. No. 71, Forty-seventh Congress, first
session, p. 125) :

Whether it be due to the change of climate through the clearing away of
many acres of forest or to improved methods I can not say, but for several
years past excellent vegetables, such as potatoes, cabbages, etc., have been
raised yearly in the neighborhood of Sitka and Wrangel. Near Sitka there
are a large number of plots under cultivation. I have seen, two seasons in
succession, lettuce of several varieties, cabbages a yard across before they began
to head, and 8 to 10 inches in diameter headed; cauliflower weighing from lo
to 15 pounds, early rose and peachblow potatoes ranging from 3 to 30 ounces
each, and each hill yielding over half a bucket full; turnips of very large size,
and cress, radishes, etc., in profusion; green pease of excellent quality, and beds
bordered by gooseberries and currant bushes, producing loads of fruit. My
lettuce bed kept me supplied from June to September.

As to the character of the country in the Yuk jn region, ]\Ir. Dall
(Alaska and its Resources, p. 433) says that it '-^aries from rolling
and somewhat rocky hills to broad and marshy plains, extending
for miles on either side of the river. The underlying rocks in
great part are Azoic, being conglomerate, syenite- and quartzite.
The south shore of Norton Sound and portions of the Kadiak

40 ALASKA.

Peninsula are basalt and lava. There is on the northeast shore of
Norton Sound an abundance of sandstone and clay beds containing
lignite. Sandstone is also abundant on the Yukon, alternating w ith
the Azoic rocks. The superincumbent soil differs in different
places. In some localities, it is clayey, and in such situations is quite
frequently covered with sphagnum, which always impoverishes the
soil immediately beneath it. In others, it is light and sandy, and
over a large extent of country it is the richest alluvial, composed of
very fine sand, mud, and vegetable matter, brought down by the
river and forming deposits of indefinite depth. * * * y^g
soil is usually frozen at a depth of 3 or 4 feet in ordinary situa-
tions. In colder ones, it remains icy to within 18 inches of the
surface. This layer of frozen soil is 6 or 8 feet thick. Below that
depth, the soil is destitute of ice, except in very unusual situations.
Lieutenant Allen (Report on Expedition to Alaska, 1885)
says:

I believe that lettuce, radishes, turnips, beans, peas, potatoes, carrots, and
possibly buckwheat and barley, can be raised in favored localities on the middle
and upper Yukon and Tanana. The climatic conditions of the coast do not
prevail here; there is not as much humidity. . . . The summers, though short,
are very hot. The sun is almost continually above the horizon, and the ther-
mometer has been known to read 112° and 115° F. Although the soil usually
remains frozen the year round at a depth of 1 or 2 feet below the surface,
this would not necessarily interfere with agricultural pursuits. By cultivation
and proper drainage, the distance of the ice bed below the surface would be
considerably increased.

CATTLE.

With reference to cattle and other live stock, Mr. Petroff says:

There have been repeated attempts to raise stock cattje, sheep, and hogs m
large herds within the borders of Alaska. The subject is one in which the
Russians first naturally took a deep interest, for they were fond of good living
and were as desirous as any people could be to have the best of beef or mutton
and the sweetest pork on their tables. They brought over hardy selections
from the Siberian stock, placing the cattle at almost every point of importance
for trial. The result, after years of patient and persistent attention, was that

ALASKA.

the herds on Kadiak Island throve the best and becaine of real serv^ice in assist-
ing to maintain the settlement. Here there is a very fine ranging ground for
pasture, and in the summer there is the greatest abundance of nutritious grasses,
but when the storms of October, freighted with snow, accompanied by cold and
piercing gales, arrive and hold their own until the following May, the sleek, fat
herd of September becomes very much worn and emaciated. It has given its
owner an undue amount of trouble to shelter and feed. Hay, however, suitable
for cattle, or at least to keep cattle alive, can be cut in almost any quantities
desired for that purpose, but the stress of weather alone, even with abundance
of this feed, depresses as it were and enfeebles the vitality of the stock, so that
the herds on Kadiak Island have never increased to anvthing approximating a
stock grower's drove, rarely exceeding 15 or 20 head at the most. Notable
examples of small flocks of sheep which have been brought uj) since the trans-
fer and turned out at Unalaska, Unga, and elsewhere have done well. The
mutton of the Alaskan sheep when it is rolling in its own fat, as it were, is
pronounced by epicures to be very fine ; but the severe winters, which are not
so cold as protracted — when the weather is so violent that the animals have to
huddle for weeks in some dark, low shelter, cause a sweating or heating of their
wool, which is detached and falls off — -greatly enfeebling and emaciating them
by spring. The practice of the traders at some places now is to bring beef cattle
up in the spring from San Francisco, turn them out into the grazing grounds on
the Aleutian Islands, Kadiak, and even to the north, where they speedily round
out and flesh up into the very finest beeves by the middle or end of October,
when they are slaughtered.

Horses, according to Mr. Petroff, have been kept on Wood
Island, Kadiak Harbor, for years. A field of 12 acres of oats is
regularly sown for their use. The oats grow and frequently head,
but never ripen ; the planters cut the green crop for haying pur-
poses. Mules and horses have no economic value, there being
little service for them on land.

REINDEER.

Dr. Jackson (Report on Introduction of Domestic Reindeer
into Alaska, 1896), says that the vast territory of central and arc-
tic Alaska, unfitted for agriculture or cattle raising, is abundantly
supplied with long, fibrous white moss, the natural food of the
reindeer. Taking the statistics of Norway and Sweden as a guide.

42 ALASKA.

arctic and subarctic Alaska can support 9,000,000 reindeer, fur-
nishing a supply ot food, clothing, and means of transportation to
a population of a quarter of a million. Providence has adapted
the reindeer, continues Dr. Jackson, to the peculiar conditions of
arctic life, and it furnishes the possibilities of large and increasing
commercial industries. The flesh is considered a great delicacy,
whether fresh or cured. The untanned skin makes the best cloth-
ing for the climate of Alaska, and when tanned is the best leather
for the bookbinder, upholsterer, and glove maker. The hair is in
great demand, by reason of its wonderful buoyancy, in the con-
struction of life-saving apparatus. The horns and hoofs make the
best glue known to commerce. With Alaska stocked with this
valuable animal, enterprises would be developed amounting to
millions of dollars annually.

Reindeer will also be found very useful in transportation. Dogs
have been used for this purpose, but they are slow and must be
burdened with the food for their own maintenance. Provisions and
freight brought from the south and landed in Alaska are with
great difficulty transported to the mining regions. During the
winter of 1895-96, Dr. Jackson says, mongrel Indian dogs cost
$100 to $200 each for transportation purposes, and the freight
charges ranged from 1 5 to 20 cents per pound. Trained reindeer
make in a day two or three times the distance covered by a dog
team, and at the end of the journey, can be turned loose to gather
their support from the moss always accessible to them. One
drawback to their introduction appears to be a disease which
attacks the hoof, due to the damp soil. There are now five herds
in Alaska, one at Cape Prince of Wales, one at Cape Nome, two
at Golovin Bay, and the central Government herd at the Teller
reindeer station. Port Clarence, including 1,175 head.

VIII.

The Fur Seal and Other Fisheries.

Mr. James C. Carter, in his oral argument on behalf of the
United States, before the Tribunal of Arbitration, at Paris, 1893,
gives the following concise sketch of the fur-seal controversy:
" During most of the eighteenth century, as all are aware, the
efforts and ambitions of various European powers were directed
toward the taking possession, the settlement, and the coloniza-
tion of the temperate and tropical parts, of the American Con-
tinent. In those efforts, Russia seems to have taken a compara-
tively small part, if any part at all. Her enterprise and ambi-
tion were attracted to these northern seas, seas which border upon
the coasts which in part she already possessed, the Siberian coast
of Bering Sea. From that, coast explorations were made by
enterprising navigators belonging to that nation, until the whole
of Bering Sea was discovered, and the coasts on all its sides
explored. The Aleutian Islands, forming its southern boundary,
were discovered and explored, and a part of what is called the
Northwest Coast of the American Continent, south of the Alaskan
Peninsula and reaching south as far as the fifty-fourth or fiftieth
degree of north latitude, was also explored by Russian naviga-
tors, and establishments were formed upon it in certain places.
The great object of Russia in these enterprises and explorations
was to reap for herself the sole profit and the sole benefit which
could be derived from these remote and icebound regions; namely,
that of the fur-bearing animals which inhabited them and which
were gathered by the native inhabitants. To obtain for herself

44 ALASKA.

the benefit of those animals and of the trade with the natives
wh^ were engaged in gathering them that constituted the main
object of the original enterprises prosecuted by Russian naviga-
tors. They had at a very early period discovered what we call
the Commander Islands on the western side of the Bering Sea,
which were then, as they are now, one of the principal resorts
and breeding places of the fur seals. They were carrying on a
very large, or a considerable, industry in connection with those
animals upon those islands.

Prior to the year 1787, one of their navigators, Captain Pribilof,
had observed very numerous bodies of fur seals making their way
northward through the passes of the Aleutian chain. Whither
they were going he knew not, but, from his knowledge of the habits
of the seals in the region of the Commander Islands, he could not
but suppose that there was, somewhere north of the Aleutian chain
in the Bering Sea, another great breeding place and resort for these
animals. He therefore expended much labor in endeavoring to
discover these resorts, and in the year 1786, I think, on one of his
voyages, he suddenly found himself in the presence of that tre-
mendous roar — a roar almost like that of Niagara, it is said —
which proceeds from the countless multitudes of animals upon the
islands. He knew then that the object for which he was seeking
had been obtained; and waiting until the fog had lifted, he dis-
covered before him the islands to which his name was afterwards
given. That was in 1786. Immediately following that discov-
ery many Russians, sometimes individually and sometimes asso-
ciated in companies, resorted to those islands, which were uninhab-
ited, and made large captures of seals from them. The mode
of taking them was by an indiscriminate slaughter of males and
females; and of course, it was not long before the disastrous
effects of that method became apparent. They were greatly
reduced in numbers, and at one or more times, seemed to be upon
the point almost of commercial extermination. By degrees.

ALASKA.

those engaged in this pursuit learned what the laws of nature
were in respect to the preservation of such a race of animals.

They learned that they were highly polygamous in their nature,
and that a certain draft could be taken from the superfluous
males without sensibly depreciating the enormous numbers of
the herd. Learning those facts, they gradually established an
industry upon the islands, removed a considerable number of the
population of one or more of the Aleutian Islands, and kept them
permanently there for the purpose of guarding the seals upon the
islands and taking, at the time suitable for that purpose, such a
number of superfluous males as the knowledge they had acquired
taught them could be safely taken.

Finally, the system which they established grew step by step
more regular and precise; and sometime — 1 think I may say in
the neighborhood of 1845 — ^^^7 ^-^^ adopted a regular system

vhich absolutely forbade the slaughter of females and confined
the taking to young males under certain ages and to a certain
annual number. Under that reasonable system, conforming to
natural laws, the existence ot the herd was perpetuated and its
numbers even largely increased; so that at the time when it
passed into the possession of the United States, I think I may
say it was true that the numbers ot the herd were then equal
to, if not greater, than ever had been known since the islands
were first discovered. A similar system had been pursued by
the Russians with similar etfect upon the Commander Islands,
possessions of their own on the western side of the Bering Sea.

The advantage of these results, so beneficial to Russia, so bene-
ficial to mankind, may be more easily perceived by comparing
them with the results which have flowed from the discovery of
other homes of the fur seal in other seas. It is well known that
south of the equator and near the southern extremity of the South
American continent, there were other islands, Masafuera, Juan
Fernandez, Falkland Islands, and other places w^here there were

46 ALASKA.

seals in almost equal multitudes. They were on uninhabited
islands. They were in places where no protection could be
extended against the capture of them. They were in places where
no system of regulations limiting drafts which might be made
upon them could be established, and the consequence was that in
a few short years, they were practically exterminated from every
one of such haunts and have remained ever since practically, in a
commercial point of view, exterminated, except in some few places
over which the authority of some power has been exercised, and
where regulations have been adopted more or less resembling
those adopted upon the Pribilof Islands, and by which means the
race has to a certain extent, although comparatively small, been
preserved.

That was the condition of things when these islands passed into
the possession of the United States under the treaty, between
that Government and Russia, of 1867. At first, upon the acqui-
sition by the United States Government, its authority was not
immediately established and, consequently, this herd of seals
was exposed to the indiscriminate ravages of individuals who
might be tempted thither by their hope of gaining a profit; and
the result was that in the first year, something like 240,000 seals
were taken, and although some discrimination was attempted and
an effort was made to confine the taking, as far as possible, to males
only, yet those efforts were not in every respect successful. That
great draft thus irregularly and indiscriminately made upon them
had undoubtedly a very unfavorable effect; but <the following
year, the United States succeeded in establishing its authority and
at once readopted the system which had been up to that time pur-
sued by Russia and which had been followed by such advantageous
results.

In addition to that, and for the purpose of further insuring the
preservation of the herd, the United States Government resorted
to national legislation. Laws were passed, the first of them as

ALASKA.

early as the year 1870, designed to protect the seal and other fur-
bearing animals in Bering Sea and the other possessions recently
acquired from Russia. At a later period, this statute, with others
that had been subsequently passed, was revised, I think in the
year 1873, when a general revision of the statutes of the United
States was made. They were revised and made more stringent.
It was made a criminal offense to kill any female seal; and the
taking of any seals at all, except in pursuance of the authority of
the United States and under such regulations as it might adopt,
was made a criminal offense. Any vessel engaged in the taking
of female seals in the waters of Alaska, according to the phrase
used in the statute, was made liable to seizure and confiscation;
and in this way, it was hoped and expected that the fur seals would
be preserved in the future as completely as they had been in the
past, and that this herd would continue to be still as productive as
before, and if possible, made more productive. That system thus
initiated by the United States in the year 1870 produced the
same result as had followed the regulations established by Russia.
The United States Government was enabled, even, to take a larger
draft than Russia had prior to that time, made upon the herd.
Russia had limited herself at an early period to the taking of
somewhere between 30,000 and 40,000 seals annually, not solely,
perhaps, for the reason that no more could be safely taken from
the herd, but also for the reason, as I gather from the evidence,
that at that time, the demand for seals was not so great as to justify
the putting of a larger number of skins upon the market.

At a later period of the occupation by Russia, her drafts were
increased. At the time when the occupation was transferred to
the United States, I think they amounted to somewhere between
50,000 and 70,000 annually. The United States, as I say, took
100,000 from the beginning, and continued to make those annual
drafts of 100,000 down to the year 1890. That is a period of
something like nineteen years. The taking of this number of

^8 ALASKA,

100,000 did not, at first, appear to lead to any diminution in the
numbers ot the herd; and it was only in the year 1890, or a few
years prior to that time, that a diminution in the numbers of the
herd was first observed. This diminution was at that time attrib-
uted to causes of which I shall presently say something.

Such was the industry established by the United States. It
was a very beneficial industry — beneficial, in the first instance, to
herself. She had adopted the practice of leasing these islands
upon long terms — twenty years — to a private corporation; and
those leases contained an obligation to pay a large annual sum in
the shape of a revenue tax and a gross sum of some $60,000 as
rent. In addition to that, the lessees were required by the terms
of the lease to pay to the United States Government a certain
sum upon every seal captured by them, which, of course, resulted
in the enjoyment by the United States of a still larger revenue.
It was beneficial to the lessees, for it is to be supposed, and such
is the fact, that they were enabled to make a profit notwith-
standing the large sums they WTre compelled to pay to the
United States Government upon the seal skins secured by them.
But while it was profitable to the United States and profitable to
the lessees, I may say — and this is what at all times I wish to
impress upon this Tribunal — it was still more important and
beneficial to the world at large. The fur seal is one of the boun-
ties of Providence, bestowed, as all the bounties of Providence
are, upon mankind in general, not for the benefit of this partic-
ular nation or that particular nation, but for the benefit of all;
and all the benefit, of course, which mankind can get from that
blessing is to secure the annual taking, use, and enjoyment of
the increase of the animal. That is all they can obtain from it.
If they seek to obtain more, it is an abuse of the blessing, involv-
ing destruction — necessary destruction — and they soon deprive
themselves of the benefit altogether.

This, therefore, was the benefit to mankind which was made pos-

ALASKA. 4c)

sible, and which was enjoyed by mankind by this particular mode
of dealing with the fur seals which had been established and carried
on upon the Pribilof Islands. Mankind received the benefit of
the entire annual increase, and at the same time, the stock was per-
petually preserved and kept from any sort of peril; and in that
benefit the citizens of the United States enjoyed, of course, no
advantage over the rest of the world. The whole product of the
herd was contributed at once to commerce, and throuijh the
instrumentality of commerce was carried all over the world to
those who desired the sealskins, and those who desired sealskins,
wherever they might be on the face of the globe, and whatever
nation they might inhabit, got them upon the same terms upon
which the citizens of the United States enjoyed them. This con-
tribution of the annual product to the purposes of commerce, to
be dealt with as commerce deals with one of its subjects, of course
amounted substantially to a putting it up at auction, and it was
awarded to the highest bidder, wherever he might dwell.

The effect of this was, also, as we shall have occasion to see in
the course of this discussion, to build up and maintain an impor-
tant industry in Great Britain. It was there that the sealskins
were manufactured and prepared for sale in the market, and thou-
sands of people were engaged in that industry, many more, indeed,
than were engaged in the industry of gathering the seals upon the
Pribilof Islands. That particular benefit was secured to Great
Britain in consequence of this industry.

In the few years preceding 1890, the Government of the United
States was made aware of a peril to the industry which had thus
been established and which it was in the enjoyment of, a peril to
the preservation of this race of seals, a peril not proceeding from
what may be called natural causes, such as the killing by whales
and other animals which prey upon the seals in the water, but a
peril proceeding from the hand of man. It was found that the
practice of pelagic sealing, which had for many years, and indeed
ifo. 86 i

ALASKA.

from the earliest knowledge of these regions, been carried on to a
very limited extent by the Indians who inhabited the coasts for
the purpose of obtaining food for themselves and skins for their
clothing, and which had made a limited draft upon the herds in
that way — it was found that this practice was beginning to be
extended so as to be carried on by whites, and in large vessels
capable of proceeding long distances from the shore, of encounter-
ing the roughest weather, and of carrying boats and boatmen and
hunters, armed with every appliance for taking and slaughtering
the seals upon their passage through the seas. That practice
began, I think, in the year 1876, but at first, its extent was small.
The vessels were fitted out mostly from a port in British Colum-
bia, and confined their enterprise to the North Pacific Ocean, not
entering Bering Sea at all; and their drafts upon the seals even in
the North Pacific Ocean were at first extremely small, only a
few thousands each year. But the business was found to be a
profitable one, and, of course, as its profit was perceived, more and
more were tempted to engage in it, and a larger and larger invest-
ment of capital was made in it. More and more vessels prose-
cuted the fishery in the North Pacific Ocean, and in 1883, ^o^the
first time, a vessel ventured to enter Bering Sea.

The learned arbitrators will perceive that up to this time, during
the whole of the Russian and the whole of the American occupa-
tion of these islands, there had been no such thing as pelagic
sealing, except in the insignificant way already mentioned by the
Indians. Those two nations had enjoyed the full benefit of this
property, the full benefit of these herds of seals, in as complete a
degree as if they had been recognized as the sole proprietors of
them, and as if a title in them, not only while they were ashore
and upon the breeding islands, but while they were absent upon
their migrations, had been recognized in them during that whole
period, or as if there had been some regulation among the nations
absolutely prohibiting all pelagic sealing. Up to the period

ALASKA.

when pelagic sealing began to be extended, those advantages were
exclusively enjoyed by Russia and the United States; and at
first, as I have said, this pelagic sealing did not extend into Bering
Sea, but was carried on in the North Pacific Ocean, and south
and east of the Aleutian chain.

Why Bering Sea was thus carefully abstained from it may per-
haps be difficult at the present time altogether to say. It may be
for the reason that it was farther off, more difficult to reach. It
may be for the reason that the pelagic sealers did not at first sup-
pose that they had a right to enter Bering Sea and take the seals
there, for it was well known that during the whole of the Russian
occupation Russia did assert for herself an exclusive right to all
the products of that region of the globe; and it was also, of
course, well known to all Governments, and to these pelagic
sealers, that the United States had, when they acceded to the
sovereignty over these islands, asserted a similar right, and made
the practice of pelagic sealing, in Bering Sea at least — perhaps
farther, but in Bering Sea at least — a criminal offense under their
law. But from whatever cause, it was not until the year 1883
that any pelagic sealers ventured into Bering Sea. During that
year, a single vessel did enter there, took a large catch, was very
successful, and was not called to any account; and this successful
experiment was, of course, followed during the succeeding years
by many repetitions of the same enterprise.

The extent to which pelagic sealing was thus carried on in
Bering Sea, its probable consequences upon the herds which made
their homes upon the Pribilof Islands, was not at first appreciated
either by the United States or by the lessees of the islands. There
was no means by which they could easily find out how many ves-
sels made such excursions, and they did not at first seem to sup-
pose that their interests were particularly threatened by it. Con-
sequently, for the first two or three years, no notice seems to have
been taken of these enterprises by the Government of the United

J2 ALASKA.

States, although it had laws made against them. But in 1886,
this practice of" taking seals at sea became so largely extended that
it excited apprehensions for the safety of the herd, and it was per-
haps thought at that time that there was already observable in the
condition of the herd some damaging, destructive consequence of
that pursuit of" them by sea.

The attention of the United States having been called to the
practice, that Government determined to prevent it, and the first
method to which it resorted was an enforcement of the laws upon
her statute book which prohibited the practice, and subjected all
vessels engaged in it to seizure and confiscation. Instructions
were accordingly given to the cruisers of the United States to sup-
press the practice and to enforce those laws. The result was that
in the year 1886, three British vessels and some American vessels
were taken while engaged in the pursuit illegally under the laws
of the United States. They were carried in and condemned."
[See Fur Seal Arbitration Proceedings, Vol. XII, pp. 6-11.]

These seizures, after much diplomatic correspondence, led to
the final adoption of a treaty between the United States and
Great Britain, which was signed at Washington, February 29,
1892, the text of which is as follows:

The United States of America and Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, being desirous to provide for an amica-
ble settlement of the questions which have arisen between their respective
governments concerning the jurisdictional rights of the United States in the
waters of Bering Sea, and concerning also the preservation of the fur seal in,
or habitually resorting to, the said sea, and the rights of the citizens and sub-
jects of either country as regards the taking of fur seal in, or habitually resort-
ing to, the said waters, have resolved to submit to arbitration the questions
involved, and to the end of concluding a convention for that purpose have
appointed as their respective plenipotentiaries :

The President of the United States of America, James G. Blaine, Secretary
of State of the United States ; and

Her Majesty the Queen of the United Kingdom of Great Britain and Ire-

ALASKA.

5:3

land. Sir Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty's envoy
extraordinary and minister plenipotentiary to the United States ;

Who, after hav^ing communicated to each other their respective full powers,
which were found to be in due and proper form, have agreed to and concluded
the following articles :

Article I. .

The questions which have arisen between the Government of the United
States and the Government of Her Britannic Majesty concerning the juris-
dictional rights of the United States in the waters of Bering Sea, and con-
cerning also the preservation of the fur seal in, or habitually resorting to, the
said sea, and the rights of the citizens and subjects of either countrv as regards
the taking of fur seal in, or habitually resorting to, the said waters, shall be
submitted to a tribunal of arbitration, to be composed of seven arbitrators,
who shall be appointed in the following manner, that is to say : Two shall be
named by the President of the United States; two shall be named by Her Brit-
annic Majesty; His Excellency the President of the French Republic shall be
jointlv requested by the High Contracting Parties to name one; His Majesty
the Ring of Italy shall be so requested to name one; and His Majesty the King
of Sweden and Norway shall be so requested to name one. The seven arbi-
trators to be so named shall be jurists ot distinguished reputation in their
respective countries; and the selecting powers shall be requested to choose, if
possible, jurists who are acquainted with the English language.

In case of the death, absence, or incapacity to serve of any or either of the
said arbitrators, or in the event of any or either of the said arbitrators omitting
or declining or ceasing to act as such, the President of the United States, or Her
Britannic Majesty, or His Excellency the President of the French Republic, or
His Majesty the King of Italy, or His Majesty the King of Sweden and Nor-
wav, as the case may be, shall name, or shall be requested to name forthwith
another person to act as arbitrator in the place and stead of the arbitrator
originally named by such head of a State.

And in the event of the refusal or omission for two months after receipt of
the joint request from the High Contracting Parties of His Excellency the Pres-
ident of the French Republic, or His Majesty the-King of Italy, or His Majesty
the King of Sweden and Norwav, to name an arbitrator, either to fill the orig-
inal appointment or to fill a vacancy as above provided, then in such case the
appointment shall be made or the vacancy shall be filled in such manner as the
High Contracting Parties shall agree.

54 ALASKA.

Article II.

The arbitrators shall meet at Paris within twenty days after the delivery of
the counter cases mentioned in Article IV, and shall proceed impartially and
carefully to examine and decide the questions that have been or shall be laid
before them as herein provided on the part of the Governments of the United
States and Her Britannic Majesty respectively. All questions considered by the
tribunal, including the final decision, shall be determined by a majority of all
the arbitrators.

Each of the High Contracting Parties shall also name one person to attend
the tribunal as its agent to represent it generally in all matters connected with
the arbitration.

Article III.

The printed case of each of the two parties, accompanied by the documents,
the official correspondence, and other evidence on which each relies, shall be
delivered in duplicate to each of the arbitrators and to the agent oi the other
party as soon as mav be after the appointment of the members of the tribunal,
but within a period not exceeding four months from the date of the exchange
of the ratifications of this treaty.

Article IV.

Within three months after the delivery on both sides of the printed case,
either partv mav, in like manner deliver in duplicate to each of the said arbi-
trators, and to the agent of the other party, a counter case, and additional
documents, correspondence, and evidence, in reply to the case, documents,
correspondence, and evidence so presented by the other party.

If, however, in consequence of the distance of the place from which the evi-
dence to be presented is to be procured, either party shall, within thirty days
after the receipt by its agent of the case of the other party, give notice to the
other party that it requires additional time for the delivery of such counter
case, documents, correspondence and evidence, such additional time so indicated,
but not exceeding sixty days beyond the three months in this article provided,
shall be allowed.

If in the case submitted to the arbitrators either party shall have specified or
alluded to any report or document in its own exclusive possession, without
annexing a copy, such party shall be bound, if the other party thinks proper to
apply for it, to furnish that party with a copy thereof; and either party may
call upon the other, through the arbitrators, to produce the originals or certified
copies of any papers adduced as evidence, giving in each instance notice thereof

ALASKA. 55

within thirty davs after delivery of the case; and the original or copy so
requested shall be delivered as soon as may he and within a period not exceed-
ing forty days after receipt of notice.

Article V.

It shall be the duty of the agent of each party, within one month after the
expiration of the time limited for the delivery of the counter case on both sides,
to deliver in duplicate to each of the said arbitrators and to the agent of the
other party a printed argument showing the points and referring to the evidence
upon which his Government relies, and either party may also support the same
before the arbitrators bv oral argument of counsel ; and the arbitrators may, if
they desire further elucidation with regard to any point, require a written or
printed statement or argument, or oral argument by counsel, upon it; but in
such case the other partv shall be entitled to reply either orallv or in writing, as
the case may be.

Article VI.

In deciding the matters submitted to the arbitrators, it is agreed that the fol-
lowing five points shall be submitted to them, in order that their award shall
embrace a distinct decision upon each of said five points, to wit:

1. What exclusive jurisdiction in the sea now known as the Bering Sea, and
what exclusive rights in the seal fisheries therein, did Russia assert and exercise
prior and up to the time of the cession of Alaska to the United States.?

2. How far were these claims of jurisdiction as to the seal fisheries recognized
and conceded by Great Britain.?

3. Was the body of water now known as the Bering Sea included in the
phrase "Pacific Ocean," as used in the treaty of 1825 between Great Britain
and Russia; and what rights, if any, in the Bering Sea were held and exclu-
sively exercised by Russia after said treaty ?

4. Did not all the rights of Russia as to jurisdiction, and as to the seal fish-
eries in Bering Sea east of the water boundary, in the treaty between the
United States and Russia of the 30th March, 1867, pass unimpaired to the
United States under that treaty.?

5. Has the United States any right, and if so, what right of protection or
property in the fur seals frequenting the islands of the United States in Bering
Sea when such seals are found outside the ordinary 3-mile limit.

Article VII.

If the determination of the foregoing questions as to the exclusive jurisdiction
of the United States shall leave the subject in such position that the concurrence
of Great Britain is necessary to the establishment of regulations for the proper

56 ALASKA.

protection and preservation of the fur seal in, or liabitually resorting to, the
Bering Sea, the arbitrators shall then determine what concurrent regulations
outside the jurisdictional limits of the -espective Governments are necessary,
and over what waters such regulations should extend, and to aid them in that
determination the report of a joint commission to be appointed by the respec-
tive Governments shall be laid before them, with such other evidence as either
Government may submit.

The High Contracting Paties furthermore agree to cooperate in securing the
adhesion of other powers to such regulations.

Article VIII.

The High Contracting Parties having found themselves unable to agree upon
a reference which shall include the question of the liability of each for the
injuries alleged to have been sustained by the other, or by its citizens, in con-
nection with the claims presented and urged by it; and, being solicitous that
this subordinate question should not interrupt or longer delay the submission
and determination of the main questions, do agree that either may submit to
the arbitrators any question of fact involved in said claim and ask for a finding
thereon, the question of the liability of either Government upon the facts
found to be the subject of f\irther negotiation.

Article IX.

The High Contracting Parties having agreed to appoint two commissioners
on the part of each Government to make the joint investigation and report con-
templated in the preceding Article VII, and to include the terms of the said
agreement in the present convention, to the end that the joint and several
reports and recommendations of said commissioners may be in due form sub-
mitted to the arbitrators should the contingency therefor arise, the said
agreement is accordingly herein included as follows:

Each Government shall appoint two commissioners to investigate conjointly
with the commissioners of the other Government all the facts having relation to
seal life in Bering Sea, and the measures necessary for its proper protection and
preservation.

The four commissioners shall, so far as they mav be able to agree, make a joint
report to each of the two Governments, and they shall also report, either jointly
or severally, to each Government on any points upon which they may be unable
to agree.

These reports shall not be made public until they shall be submitted to the
arbitrators, or it shall appear that the contingency of their being used by the
arbitrators can not arise.

ALASKA.

Article X.

Each Government shall pay the expenses of its members of the joint com-
mission in the investigation referred to in the preceding article.

Article XI.

The decision of the tribunal shall, if possible, be made within three months
from the close of the argument on both sides.

It shall be made in writing and dated, and shall be signed by the arbitrators
who mav assent to it.

The decision shall be in duplicate, one copy whereof shall be delivered to the
agent of the United States for his Government, and the other copy shall be
delivered to the agent of Great Britain for his Government.

Article XII.

Each Government shall pay its own agent and provide for the proper remu-
neration of the counsel employed by it and of the arbitrators appointed by it,
and for the expense of preparing and submitting its case to the tribunal. All
other expenses connected with the Arbitration shall be defrayed by the two
Governments in equal moieties.

Article XIII.

The arbitrators shall keep an accurate record of their proceedings and may
appoint and employ the necessary officers to assist them.

Article XIV.

The High Contracting Parties engage to consider the result of the proceed-
ings of the tribunal of arbitration as a full, perfect, and final settlement ot all
the questions referred to the arbitrators.

Article XV.

The present treaty shall be duly ratified by the President of the United States
of America, by and with the advice and consent of the Senate thereof, and by
Her Britannic Majesty; and the ratification shall be exchanged either at Wash-
ington or at London within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective plenipotentiaries, have signed this treaty
and have hereunto affixed our seals.

Done in duplicate at Washington the 29th day of February, 1892.

James G. Blaine. [seal.]

Julian Pauncefote. [seal.]

58 ALASKA.

The arbitrators under this treaty, Hon. John M. Harlan and
Hon. John T. Morgan, representing the United States; Baron
Alphonse de Courcel, arbitrator named by France; the Right
Hon. Lord Hannen and Sir John Thompson, representing Great
Britain; Marquis E. Visconti Venosta, arbitrator named by Italy,
and Mr. Gregers Gram, arbitrator named by vSweden and Norway,
met at Paris on February 23, 1893, ^"^ were in session until
August 15, 1893. ^^^ following award was the result of their
labors :

AWARD OF THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER THE TREATY CON-
CLUDED AT WASHINGTON, THE 29TH OF FEBRUARY, l8g2, BETWEEN THE UNITED
STATES OF AMERICA AND HER MAJESTY THE yUEEN OF THE UNITED KINGDOM OF
GREAT BRITAIN AND IRELAND.

Whereas by a treaty between the United States of America and Great Brit-
ain, signed at Washington, P'ebruary 29, 1892, the ratifications ot which by the
Governments of the two countries were exchanged at London on May the 7th,
1892, it was, amongst other things, agreed and concluded that the questions
which had arisen between the Government of the United States of America and
the Government of Her Britannic Majesty concerning the jurisdictional rights
of the United States in the waters of Bering's Sea, and concerning also the
preservation of the fur-seal in or habitually resorting to the said sea, and the
rights of the citizens and subjects of either country as regards the taking of fur-
seals in or habitually resorting to the said waters, should be submitted to a tri-
bunal of arbitration to be composed of seven arbitrators, who should be appointed
in the following manner, that is to say: two should be named by the President
of the United States; two should be named by Her Britannic Majesty; His
Excellency the President of the French Republic should be jointly requested by
the High Contracting Parties to name one ; His Majesty the King of Italy
should be so requested to name one; His Majesty the King of Sweden and
Norway should be so requested to name one; the seven arbritrators to be so
named should be jurists of distinguished reputation in their respective countries,
and the selecting powers should be requested to choose, if possible, jurists who
are acquainted with the English language ;

And whereas it was further agreed by Article H of the said treaty that the
arbitrators should meet at Paris within twenty days after the delivery of the
cuunter cases mentioned in Article IV, and should proceed impartially and care-
f'liiy to examine and decide the questions which had been or should be laid before

ALASKA. 5:9

them as in the said treaty provided on the part of the Governments of the United
States and ot Her Britannic Majesty respectively, and that all questions con-
sidered bv the tribunal, including the final decision, should be determined by a
majority of all the arbitrators;

And whereas by Article VI ot the said treaty, it was further provided as fol-
lows : " In deciding the matters submitted to the said arbitrators, it is agreed
that the following five points shall be submitted to them in order that their
award shall embrace a distinct decision upon each ot said five points, to wit:

" 1. What exclusive jurisdiction in the sea now known as the Bering's Sea,
and what exclusive rights in the seal fisheries therein, did Russia assert and exer-
cise prior and up to the time of the cession of Alaska to the United States ?

" 2. How far were these claims ot jurisdiction as to the seal fisheries recog-
nized and conceded by Great Britain ?

" 3. Was the body of water now known as the Bering's Sea included in the
phrase Pacific Ocean, as used in the treaty of 1825 between Great Britain and
Russia; and what rights, if any, in the Bering's Sea were held and exclusively
exercised by Russia after said treaty ?

"4. Did not all the rights of Russia as to jurisdiction and as to the seal fish-
eries in Bering's Sea east of the water boundary, in the treaty between the United
States and Russia of the 30th of March, 1867, pass unimpaired to the United
States under that treaty?

" 5. Has the United States any right, and it so, what right, of protection or
property in the fur-seals frequenting the islands of the United States in Bering
Sea when such seals are found outside the ordinary three-mile limit?"

And whereas by Article VII of the said treaty it was further agreed, as follows

"If the determination of the foregoing questions as to the exclusive jurisdic-
tion of the United States shall leave the subject in such position that the con-
currence of Great Britain is necessary to the establishment of regulations for
the proper protection and preservation of the fur seal in, or habitually resorting
to, the Bering Sea, the arbitrators shall then determine what concurrent regula-
tions, outside the jurisdictional limits of the respective Governments, are neces-
sary, and over what waters such regulations should extend ;

" The High Contracting Parties furthermore agree to cooperate in securing
the adhesion of other powers to such regulations;"

And whereas, by Article VIII of the said treaty, after reciting that the High
Contracting parties had found themselves unable to agree upon a reference which
should include the question of the liability of each tor the injuries alleged to have
been sustained by the other, or by its citizens, in connection with the claims
presented and urged by it, and that " they were solicitous that this subordinate

6o ALASKA.

question should not interrupt or longer delay the submission and determination
of the main questions", the High Contracting Parties agreed that "either of
them might submit to the arbitrators any question of fact involved in said claims
and ask for a finding thereon, the question of the liability of either Government
upon the facts found, to be the subject of further negociation ; "

And whereas, the President of the United States of America named the
Honourable John M. Harlan, justice of the Supreme Court of the United
States, and the Honourable John T. Morgan, Senator of the United States, to
be two of the said arbitrators, and Her Britannic Majesty nam. ' the Right
Honourable Lord Hannen and the Honourable Sir John Thompson, Minister
of Justice and Attorney General for Canada, to be two of the said arbitrators,
and His Excellency the President of the French Republic named the Baron de
Courcel, Senator, Ambassador of France, to be one of the said arbitrators, and
His Majesty the King of Italy named the Marquis Emilio Visconti Venosta,
former Minister of Foreign Affairs and Senator of the Kingdom of Italy,
to be one of the said arbitrators, and His Majesty the King of Sweden and
Norway named Mr. Gregers Gram, Minister of State, to be one of the said
arbitrators;

And whereas we, the said arbitrators, so named and appointed, having taker
upon ourselves the burden of the said arbitration, and having duly met ai
Paris, proceeded impartially and carefully to examine and decide all the ques-
tions submitted to us, the said arbitrators, under the said treaty, or laid before
us as provided in the said treaty on the part of the Governments of Her Bri-
tannic Majesty and the United States, respectively;

Now we, the said arbitrators, having impartially and carefully examined the
said questions, do in like manner by this our award decide and determine the
said questions in manner following; that is to say, we decide and determine as
to' the five points mentioned in Article VI as to which our award is to embrace
a distinct decision upon each of them :

As to the first of the said five points, we, the said Baron de Courcel, Mr.
Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta,
and Mr. Gregers Gram, being a majority of the said arbitrators, do decide and
determine as follows:

By the ukase of 1821, Russia claimed jurisdiction in the sea now known as
the Bering's Sea, to the extent of 100 Italian miles from the coasts and islands
belonging to her, but in the course of the negociations which led to the conclu-
sion of the treaties of 1824 with the United States and of 1825 with Great
Britain, Russia admitted that her jurisdiction in the said sea should be restricted
to the reach of cannon shot from shore, and it appears that, from that time up

ALASKA. 61

to the time of cession of Alaska co the United States, Russia never asserted
in fact or exercised any exclusive jurisdiction in Bering's Sea or any exclusive
rights in the seal fisheries therein beyond the ordinary limit of territorial waters.

As to the second of the said five points, we, the said Baron de Courcel, Mr.
Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta,
and Mr. Gregers Gram, being a majority of the said arbitrators, do decide and
determine that Great Britain did not recognize or concede any claim, upon the
part of Russia, to exclusive jurisdiction as to the seal fisheries in Bering Sea,
outside of ordinary territorial waters.

As to the third ot the said five points, as to so much thereof as requires us
to decide whether the body of water now known as the Bering Sea was included
in the phrase "Pacific Ocean" as used in the treaty of 1825 between Great
Britain and Russia, we, the said arbitrators, do unanimously decide and deter-
mine that the body of water now known as the Bering Sea was included in the
phrase " Pacific Ocean " as used in the said treaty.

And as to so much ot the said third point as requires us to decide what
rights, if any, in the Bering Sea were held and exclusively exercised by Russia
after the said treaty of 1825, we, the said Baron de Courcel, Mr. Justice Har-
lan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta, and Mr.
Gregers Gram, being a majority of the said arbitrators, do decide and deter-
mine that no exclusive rights of jurisdiction in Bering Sea, and no exclusive
rights as to the seal fisheries therein, were held or exercised by Russia outside
of ordinary territorial waters after the treaty of 1825.

As to the fourth of the said five points, we, the said arbitrators, do unani-
mously decide and determine that all the rights of Russia as to jurisdiction and
as to the seal fisheries in Bering Sea, east of the water boundary, in the treaty
between the United States and Russia of the 30th March, 1867, did pass unim-
paired to the United States under the said treaty.

As to the fifth of the said five points, we, the said Baron dc Courcel, Lord
Hannen, Sir John Thompson, Marquis Visconti Venosta, and NL Gregers
Gram being a majority of the said arbitrators, do decide and determine that
the United States has not any right of protection or property in the fur seals
frequenting the islands of the United States in Bering Sea, when such seals are
found outside the ordinary three-mile limit.

And whereas the aforesaid determination of the foregoing questions as to the
exclusive jurisdiction of the United States mentioned in Article VI leaves the
subject in such a position that the concurrence of Great Britain is necessary to
the establishment of regulations for the proper protection and preservation of
the fur seal in or habitually resorting to the Bering Sea, the tribunal having

62 ALASKA.

decided by a majority as to eacli article of the following regulations, we, the
said Baron De Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr.
Gregers Gram, assenting to the whole of the nine articles of the following
regulations, and being a majority of the said arbitrators, do decide and deter-
mine in the mode provided by the treaty, that the following concurrent regulations
outside the jurisciictional limits of the respective Governments are necessary and
that thev should extend over the waters hereinafter mentioned, that is to say:

Article I.

The Governments of the United States and of Great Britain shall forbid
their citizens and subjects, respectively, to kill, capture, or pursue at any time
and in any manner whatever, the animals commonly called tur seals, within a
zone of sixty miles around the Pribilof Islands, inclusive of the territorial waters.

The miles mentioned in the preceding paragraph are geographical miles, ot
sixty to a degree of latitude.

Article 2.

The two Governments shall forbid their citizens and subjects, respectively, to
kill, capture, or pursue, in any manner whatever, during the season extending
each year from the 1st of May to the 31st of July, both inclusive, the fur seals
on the high sea, in the part of the Pacific Ocean, inclusive of the Bering Sea,
which is situated to the north of the thirty-fifth degree of north latitude and
eastward of the one hundred and eightieth degree ot longitude from Greenwich
till it strikes the water boundary described in article 1 of the treaty of 1867
between the United States and Russia, and following that line up to Bering Straits.

Article 3.

During the period of time and in the waters in which the fur-seal fishing is
allowed, only sailing vessels shall be permitted to carry on or take part in tur-
seal fishing operations. They will, however, be at liberty to avail themselves
of the use of such canoes or undecked boats, propelled by paddles, oars, or sails,
as are in common use as fishing boats.

Article 4.

Each sailing vessel authorised to fish for tur seals must be provided with a
special license issued for that purpose by its Government and shall be required
to carry a distinguishing flag to be prescribed by its Government.

ALASKA. 63

Article 5.

The masters of the vessels engaged in tur-seal fishing shall enter accurately
in their official log book the date and place of each fur-seal fishing operation,
and also the number and sex of the seals captured upon each day. These
entries shall be communicated by each of the two Governments to the other at
the end of each fishing season.

Article 6.

The use of nets, fire arms, and explosives shall be forbidden in the fur-seal
fishing. This restriction shall not apply to shotguns when such fishing takes
place outside of Bering Sea, during the season when it may be lawfullv carried on.

Article 7.

The two Governments shall take measures to control the fitness of the men
authorized to engage in fur-seal fishing; these men shall have been proved fit to
handle with sufficient skill the weapons by means of which this fishing may be
carried on.

Article 8.

The regulations contained in the preceding articles shall not apply to Indians
dwelling on the coasts of the territory of the United States or of Great Britain
and carrying on fur-seal fishing in canoes or undecked boats not transported by
or used in connection with other vessels and propelled wholly by paddles, oars,
or sails and manned by not more than five persons each in the way hitherto
practised by the Indians, provided such Indians are not in the employment of
other persons, and provided that, when so hunting in canoes or undecked boats,
they shall not hunt fur seals outside of territorial waters under contract for the
delivery of the-skins to any person.

This exemption shall not be construed to affect the municipal law of either
county, nor shall it extend to the waters of Bering Sea or the waters of the
Aleutian Passes.

Nothing herein contained is intended to interfere with the emplovment of
Indians as hunters or otherwise in connection with fur-sealing vessels as
heretofore.

Article 9.

The concurrent regulations hereby determined with a view to the protection
and preservation of the fur seals shall remain in force until they have been, in
whole or in part, abolished or modified bv common agreement between the
Governments of the United States and of Great Britain.

64 ALASKA.

The said concurrent regulations shall be submitted every five years to a new
examination, so as to enable both interested Governments to consider whether,
in the light of past experience, there is occasion for any modification thereof

And whereas the Government of Her Britannic Majesty did submit to the
Tribunal of Arbitration by Article VIII of the said treaty certain questions of
fact involved in the claims referred to in the said Article VIII, and did also
submit to us, the said tribunal, a statement of the said facts, as follows, that
is to say:

" Findings of fact proposed by the Agent of Great Britain and agreed to as
proved by the Agent for the United States, and submitted to the Tribunal of
Arbitration for its consideration.

" 1. That the several searches and seizures, whether of ships or goods, and
the several arrests of masters and crews, respectively mentioned in the Schedule
to the British Case, pages 1 to 60, inclusive, were made by the authority of the
United States Government. The questions as to the value of the said vessels
or their contents, or either of them, and the question as to whether the vessels
mentioned in the Schedule to the British Case, or any of them, were wholly or
in part the actual property of citizens of the United States, have been with-
drawn from and have not been considered by the tribunal, it being understood
that it is open to the United States to raise these questions, or any of them, if
they think fit, in any future negotiations as to the liability of the United States
Government to pay the amounts mentioned in the Schedule to the British Case;

"2. That the seizures aforesaid, with the exception of the "Pathfinder"
seized at Neah Bay, were made in Bering Sea at the distances from shore men-
tioned in the Schedule annexed hereto marked C;

" 3. That the said several searches and seizures of vessels were made by
public armed vessels of the United States, the commanders of which had, at
the several times when they were made, from the Executive Department of the
Government of the United States, instructions, a copy of one of which is
annexed hereto, marked A, and that the others were, in all substantial respects,
the same; that in all the instances in which proceedings were had in the district
courts of the United States resulting in condemnation, such proceedings were
begun by the filing of libels, a copy of one of which is annexed hereto, marked
B, and that the libels in the other proceedings were in all substantial respects
the same; that the alleged acts or offences for which said several searches and
seizures were made were in each case done or committed in Bering, Sea at the
distances from shore aforesaid; and that in each case in which sentence of con-
demnation was passed, except in those cases when the vessels were released after

ALASKA. 65

condemnation, the seizure was adopted by the Government of the United
States, and in those cases in which the vessels were released the seizure was
made by the authoritv ot the United States ; that the said Hnes and imprison-
ments were for alleged breaches of the municipal laws of the United States,
which alleged breaches were wholly committed in Bering Sea at the distances
from the shore aforesaid ;

"4. Tliat the several orders mentioned in the Schedule annexed hereto and
marked C, warning vessels to leave or not to enter Bering Sea, were made by
public armed vessels of the United States the commanders of which had, at the
several times when they were given, like instructions as mentioned in finding 3,
and that the vessels so warned were engaged in sealing or prosecuting voyages
for that purpose, and that such action was adopted by the Government of the
United States ;

" 5. That the district courts ot the United States in which anv proceedings
were had or taken for the purpose of condemning any vessel seized as mentioned
in the Schedule to the Case of Great Britain, pages 1 to 60, inclusive, had all
the jurisdiction and powers ot courts of admiralty, including the prize jurisdic-
tion, but that in each case the sentence pronounced by the court was based
upon the grounds set forth in the libel.

"Annex A.

"Treasury Department, Office of the Secretary,

" IJ'^uhington, April 2/, 18S6.

"Sir: Referring to Department letter ot this date, directing you to proceed
with the revenue steamer Bear, under your command, to the seal islands, etc.,
you are hereby clothed with full power to entorce the law contained in the pro-
visions of section 1956 of the United States Revised Statutes, and directed to
seize all vessels and arrest and deliver to the proper authorities any or all per-
sons whom vou may detect violating the law referred to, after due notice shall
have been given.

"You will also seize any liquors or firearms attempted to be introduced into
the country without proper permit, under the provisions of section 19155 of the
Revised Statutes, and the proclamation of the President dated 4th February, 1870.

" Respectfully, yours,

" Signed : C. S. Fairchild,

"Acting SdcrL'tcirY.
" Captain M. A. Healy,

Commanding revenue steamer Bear, San Francisco, Calijorma.
Xo. 86 5

66 ALASKA.

" xAnnex B.

" ///. the. district court of tlu; United States for the District of Alaska.

"August special term, 1886.

" To the Honourable Lafayette Dawson,

Judge of said District Court:

" The libel of information of M. D. Ball, attorney for the United States for the
District of Alaska, who prosecutes on behalf of said United States, and being
present here in court in his proper person, in the name and on behalf of the said
United States, against the schooner Thornton, her tackle, apparel, boats, cargo,
and furniture, and against all persons intervening for their interest therein, in a
cause of forfeiture, alleges and informs as follows :

"That Charles A. Abbev, an officer in the Revenue-Marine Service of the
United States, and on special duty in the waters of the district of Alaska, here-
tofore, to wit, on the 1st day of August, 1886, within the limits of Alaska Ter-
ritory, and in the waters thereof, and within the civil and judicial district of
Alaska, to wit, within the waters of that portion of Bering Sea belonging to the
said district, on waters navigable from the sea by vessels of 10 or more tons bur-
den, seized the ship or vessel commonly called a schooner, the Thornton, her
tackle, apparel, boats, cargo, and furniture, being the property of some person
or persons to the said attorney unknown, as forfeited to the United States, for
the following causes:

"That the said vessel or schooner was found engaged in killing fur seal within
the limits of Alaska Territory, and in the waters thereof, in violation of section
1956 of the Revised Statutes of the United States.

"x'\nd the said attorney saith that all and singular the premises are and were
true, and within the admiralty and maritime jurisdiction of this court, and that
by reason thereof, and by force of the statutes of the United States in such cases
made and provided, the aforementioned and described schooner or vessel, being a
vessel of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture
became and are forfeited to the use of the said United States, and that said
schooner is now within the district aforesaid.

" Wherefore the said attorney prays the usual process and monition of this
honourable court issue in this behalf, and that all persons interested in the before-
mentioned and described schooner or vessel may be cited in general and special
to answer the premises, and all due proceedings being had, that the said schooner
or vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause
aforesaid, and others appearing, be condemned by the definite sentence and

ALASKA.

decree of this honourable court, as forfeited to the use of the said United States,
according to the form of the statute of the said United States in such cases
made and provided.

"Signed: M. D. Ball,
" United States District Attorney for the District of Alaska.

Annex C.

"The following table shows the names ot the British sealing vessels seized or
warned by United States revenue cruizers 1886-1890, and the approximate
distance from land when seized. The distances assigned in the cases of the
Carolena, Thornton, and Onward are on the authority of U. S. Naval Com-
mander Abbey (see Fiftieth Congress, second session, Senate Executive Docu-
ment No. 106, pp. 20, 30, 40). The distances assigned in the cases of the
Anna Beck, W. P. Sayzuard, Dolphin, and Grace are on the authority of Cap-
tain Shepard, U. S. R. M. (Blue Book, United States, No. 2, 1890, pp. 80-82;
see Appendix, Vol. III)."

Name of vessel.

Carolena .
Thornton .
Onward . .
Favourite.

Anna Beck . . . .
W. P. Sayward.

Dolphin

Grace

Alfred Adams. .

Ada

Triumph

Black Diamond

Lily

Ariel

Kate ... .
Minnie . . .
Pathfinder

Date of seizure.

Aug. I, 1886

Aug. 2, 1886
. ..do

Julv 2, 1887
"tul'v 9,1887
"julV 12, 1887

July 17, 1887
Aug. 10, 1887
Aug. 25, 1887
Aug. 4, 1887

luanita July 31, 1889

"Pathfinder July 29, 1889

Triumph July 11, 1889

...do

Aug. 6, 1889
July 30, 1889

Aug. 13, 1889
July 15, 1889
iVIar. 27, 1890

Approximate distance from land
when seized.

75 miles ,

70 miles ,

IT5 miles ,

Warned by Corwin in about

same position as Onward.

66 miles

59 miles

40 miles

96 miles

62 miles

15 miles

Warned by Rush not to enter

Bering Sea.

66 miles

50 miles

Ordered out of Bering Sea by

Rush. (?) As to position when

warned.

35 miles

66 miles

Ordered out of Bering Sea bv

Rush.

65 miles

Seized in Neah Bava

United States

ve.ssel making

seizure.

Corwin.
Corwin.
Corwin.

Rush.
Rush.
Rush.
Rush.
Rush.
Bear.

Rush.
Rush.

Rush.
Corwin.

a Neah Bay is in the State of Washington, and the Pathfindey was seized there on charges
made against her iu the Bering Sea in the previous year. She was released two days later.

68 ALASKA.

And whereas the Government of Her Britannic Majesty did ask the said
arbitrators to find the said facts as set forth in the said statement, and whereas
the agent and counsel tor the United States Government thereupon in our
presence informed us that the said statement of facts was sustained by the
evidence, and that they had agreed with the agent and counsel for Her Britannic
Majesty that we, the arbitrators, if we should think fit so to do, might find the
said statement of facts to be true.

Now, we, the said arbitrators, do unanimously find the facts as set forth in
the said statement to be true.

And whereas each and everv question which has been considered by the tri-
bunal has been determined by a majority of all the arbitrators;

Now, we. Baron de Courcel, Lord Hannen, Mr. Justice Harlan, Sir John
Thompson, Senator Morgan, the Marquis Visconti Venosta, and Mr. Gregers
Gram, the respective minorities not withdrawing their votes, do declare this to
be the final decision and award in writing of this tribunal in accordance with
the treaty.

Made in duplicate at Paris and signed by us the fifteenth dav of August, in
the year 1893.

And we do certify this English version thereof to be true and accurate.

Alph. de Courcel.
John M. Harlan.
John T. Morgan.
Hannen.

Jno. S. D. Thompson.
Visconti Venosta.
G. Gram.

Since 1893, efforts have been made by the United States tor
the further prevention of pelagic sealing and the protection of the
fur-seal fisheries. With this end in view, Hon. John W. Foster
was sent as agent to England to secure the adoption of a modus
Vivendi prohibiting all sealing until a final disposition of the ques-
tion can be had and a treaty can be entered into establishing
further regulations for the government of the fisheries. At this
writing, no otficial data of the results of this mission can be had,
the agent not having as yet submitted his report.

As a further result of the arbitration of 1893, '^ convention was
concluded between the United States and Great Britain February

ALASKA.

8, 1896, for the settlement of the claims of British subjects, grow-
ing out of the seizures of British vessels in Bering Sea from 1886
to 1892, which provided for the appointment of two commission-
ers, and it necessary, an umpire. This commission was to sit at
\ ictoria, British Columbia, and San Francisco, Cal. Sessions
have been held in both places, but as yet, the results of their
labors have not been made public.

SALMON, COD, HERRING, ETC.

In his report for the hscal year 1891, Governor Knapp, of
Alaska, says:

Among the resources of Alaska are the products of the sea. The native
population have alvvavs obtained much of their food supply from the waters,
and in a less degree their clothing and manv of the conveniences of life. Their
winter supply of food is still largely made up of dried fish, seaweed, and fish
eggs, while fresh fish are eaten at all seasons of the year, not only by the natives,
but by all classes of people, and the abundance of this product insures the most
thriftless with a ready means of subsistence.

Salmon fishing is by far the largest and most important industry. Thirty-
seven canneries and seven or more salting establishments are reported as in
operation in 1890. The aggregate pack of the canneries was 688,332 cases of
4 dozen i-pound cans, falling a little short of the pack of 1889. The amount
of salted salmon was about 7,300 barrels, a little more than the year previous.
These salmon fisheries represent a capital of about ^4,250,000, and they give
employment to about 2,000 white laborers, 2,500 Chinamen, and 1,000 natives,
and require in their business, for transportation and their work, about 100 steam
vessels and 500 fishing boats. The white and Chinese laborers do not usually
remain in the Territory after the season is over. Below is given a comparative
statement of the canned product since 1883, viz:

Year.

Total pack.

Year.

Total pack.

1883 .

Cases.
36, 000
45. 000
74, 800
120, 700
190, 000

18SS

Cases.

439. 293
702, 993
688, 332

1884

18S9

1885

i8qo

1886 .

Total

1887

2. 297, iiS

ALASKA.

Allowing the average value of salmon during these years to have been $4.50
per case, we have a total valuation of $10,337,03 1 for this one export since the
industry took this form in Alaska. Add to this sum the value of the salted
salmon exported, and the amount used in the Territory, if that were possible,
and the grand total would surprise those who have not given the subject a study.

The report for 1895' of Mr. Joseph Murray, special agent to
inspect the fisheries in Alaska, says that during the year, nearly
7,000,000 cases, of 48 pounds to the case, were packed, and the
total value of the salmon canned was over $2,000,000.

The species of salmon found in Alaska in quantities sufficient
to constitute an economic resource are the red, the king, the silver,
the humpback, the dog, the steelhead, and the Dolly Varden varie-
ties. By an act of Congress, approved March 2, 1889, the erection
of dams, barricades, or other obstructions in Alaska streams to pre-
vent the ascent of salmon was prohibited, under penalty of not less
than $250 per day. A letter from Secretary Carlisle, dated Feb-
ruary 19, 1896, called the attention of Congress to the fact that
the law tailed to meet the exigencies of the situation. On June
9, 1896, the following act was approved:

Be H enacted by the Senate and House of Representatives oj the United
States of America in Congress assembled, That the Act approved March
second, eighteen hundred and eighty-nine, and entitled "An Act to provide for
the protection of the salmon fisheries of Alaska," is hereby amended and reen-
acted as follows :

"That the erection of dams, barricades, fish wheels, fences, or any such fixed
or stationary obstructions in any part of the rivers or streams of Alaska, or to
fish for or catch salmon or salmon trout in any manner or by any means with
the purpose or result of preventing or impeding the ascent of salmon to their
spawning ground, is declared to be unlawful, and the Secretary ©f the Treasury
is hereby authorized and directed to remove such obstructions and to establish
and enforce such regulations and surveillance as may be necessary to insure
that this prohibition and all other provisions of law relating to the salmon
fisheries of Alaska are strictly complied with.

"Sec. 2. That it shall be unlawful to fish, catch, or kill any salmon of any
variety, except with rod or spear, above the tide waters of any of the creeks
or rivers of less than five hundred feet width in the Territory of Alaska, except
only for purposes of propagation, or to lay or set any drift net, set net, trap,

ALASKA.

pound net, or seine for any purpose across the tide waters of any river or stream
for a distance of more than one-third of the width of such river, stream, or
channel, or lay or set any seine or net within one hundred yards of any other
net or seine which is being laid or set in said stream or channel, or to take, kill,
or fish for salmon in any manner or by any means in any of the waters of the
Territory of Alaska, either in the streams or tide waters, except Cook Inlet,
Prince William Sound, Bering Sea, and the waters tributary thereto, from mid-
night on Friday ot each week until six o'clock antemeridian ot the Sunday fol-
lowing; or to fish tor or catch or kill in any manner or by any appliances,
except by rod or spear, any salmon in any stream of less than one hundred
yards in width in the said Territory of Alaska between the hours ot six o'clock
in the evening and six o'clock in the morning of the following dav of each and
every day of the week.

"Sec. 3. That the Secretary of the Treasury may, at his discretion, set aside
any streams as spawning grounds, in which no fishing will be permitted; and
when, in his judgment, the results of fishing operations on any stream indicate
that the number of salmon taken is larger than the capacity of the stream to
produce, he is authorized to establish weekly close seasons, to limit the dura-
tion of the fishing season, or to prohibit fishing entirely for one year or more,
so as to permit salmon to increase : Provided, however. That such power shall
be exercised only after all persons interested shall have been given a hearing, of
which hearing due notice must be given by publication: And provided Jurther,
That it shall have been ascertained that the persons engaged in catching salmon
do not maintain fish hatcheries of sufficient magnitude to keep such streams
fully stocked.

"Sec. 4. That to enforce the provisions of law herein, and such regulations
as the Secretary of the Treasury may establish in pursuance thereof, he is
authorized and directed to appoint one inspector of fisheries, at a salary of one
thousand eight hundred dollars per annum, and two assistant inspectors, at
a salary of one thousand six hundred dollars each per annum, and he will
annually submit to Congress estimates to cover the salaries and actual traveling
expenses of the officers hereby authorized and for such other expenditures as
may be necessary to carry out the provisions of the law herein.

"Sec. 5. That any person violating the provisions of this Act or the regula-
tions established in pursuance thereof shall, upon conviction thereof, be pun-
ished by a fine not exceeding one thousand dollars or imprisonment at hard
labor for a term of ninety days, or both such fine and imprisonment, at the dis-
cretion of the court; and, further, in case of the violation of any of the provi-
sions of section one of this Act and conviction thereof a further fine of two
hundred and fifty dollars per diem will be imposed tor each day that the obstruc-
tion or obstructions therein are maintained."

ALASKA.

The report of the commission created by this law was made in
November, 1896. They found that many of the smaller streams
which formerly produced red salmon had been reduced to such a
condition as to render their use unprofitable. Under the new hiw,
the inspection would be more thorough, and probably more effect-
ive. The report said that the pack for 1896 exceeded that for
1895, amounting to 96^,450 cases and 9,314 barrels. The num-
ber of persons employed was estimated at 5,600, and about
$130,000 had been paid in wages by the packing companies.
There are two hatcheries, one at Karluk, where 5, 500,000 eggs
have been secured, and the other at Etholine Island, with a prod-
uct of over 2,000,000 eggs.

WHALES.

"The whaling business," says Mr. Lyman E. Knapp, Governor
of x^laska, in his report for 1892, " in which forty-eight vessels are
engaged, resulted in a catch for 1891 of 12,228 barrels of oil,
186,250 pounds of bone, and 1,000 pounds of ivory. The total
value was $1,218,293. Below is a comparative statement of the
amount of oil, bone, and ivory taken during the last eighteen years :

1891.
1890.
18S9.
1S88.
18S7.
18S6.
1885.
1884.
1883.
1882.
1881.

Bart-eh.
12,228
14, 890
12,834
15.774
31.714
37. 260
24. S44

20, 373
12,300

21, 100
21, SOO

1880 ! 23, 200

1879.
1878.
1877.
IS76.
1875.
1874.

Total. 18 vears

17, 400
g, 000

13, 900
2, 800

16, 300

10, 000

318,917

Pounds.

186,250
231, 232
231,981

303. 587
564, 802

304. 530
451.038
295, 700
160, 200
316, 600
354. 500
339, 000
127, 000

73. 300

139, 600

8,800

157,000

86, 000

4.931,950

Ivorj'.

Pounds.
I, 000
4,150
I, 506

1. 55<^
875

2, 850

6, 5'"'4
5.421

23, 100
17, Soo
15.400
15.300
32, 900
30, 000
74, 000

7, 000
25, 400

7, 000

272, 4ro

ALASKA. 73

CODFISH.

The next important fishing industry in Alaska is the codfish
business, carried on by two San Francisco firms at the Shumagin
Ishmds, and in the Bering Sea. The catch of 1890 amounted to
a total of 1,138,000 fish, of the value of $569,000. Since the
beginning ot the codfishing business in this Territory in 1865,
the total number of fish taken is 25,723,300, of the value of
$12,861,650. The first four years, the business did not come near
to its present proportions.

A hasty survey has given an idea of the extent of the banks,
but there is much yet to be done to properly define their limits
and determine their character. Portlock Bank, extending north-
easterly from Kadiak, has an immense area; Shumagin Bank,
south ot the .Shumagin group ot islands, has an area of about
4,400 square miles; Albatross Bank, off the southeastern side of
Kadiak, has an area of 2,900 square miles; Slime Bank, north
of Unimak Island, in Bering Sea, covers an area ot 1,445 square
miles, embracing depths trom 20 to 50 fathoms; Baird Bank
stretches along the north coast ot Alaska Peninsula 230 miles,
with an average width ot 40 miles, covering an area of 9,200
square miles. The depths range trom 15 to 50 fathoms, with a
bottom ot fine gray sand.

HERRING.

The business of the Alaska Oil and Guano Company, at Kil-
lisnoo, Carl .Spuhn, president and manager, gives employment to
45 white men, 50 Indians, and a tew Chinamen. Their principal
business is fishing and the manufacture ot oil antl fish tertiUzer,
though they also have a trading post. Their capital stock is
$75,000. They have a fishing fleet of 3 steamers, 4 scows, and
2 small boats. The product ot their fictory in 1891 was larger
than in 1 890, being 300,000 gallons ot oil instead ot 157,000
reported the previous year. They also put up 700 barrels of salt
salmon and manufactured 800 tons of guano. The value of the
product was not less than $1 14,000. The oil is worth about 30
cents per gallon and the guano about $30 per ton.

74 ALASKA.

The fish used for the manufacture of oil is the herring, which is
very abundant, very rich in oil, and finely flavored. It is much
used as a food-fish and also as bait in taking halibut and other
large fish. It is caught by the natives for their own use with a
stick, toward the end oi which are inserted several sharpened
spikes. They dip the stick in the water, catch one or more herring,
and with one motion land the fish in the canoe, and thrust the
stick in the water again. In this way, they take immense quanti-
ties in a short time. These fish appear in the still waters of bays
and inlets by the million, at different places, and at different seasons
of the year, from August to February.

OTHER FISH.

Halibut aboimds throughout central, southern, and western
Alaska, and can be taken at any time during the year. They vary
in siy.e from 15 to 250 pounds each; those weighing from 50 to

75 pounds being preferred. It is not uncommon, says Governor
Knapp, of Alaska, for Sitka Indians to visit .Silver Bay or the
vicinity of Mount Edgecombe and return the following day with
nearly a ton of these fish. Whitefish, losh, and graylings are found
in large quantities in the Yukon, and afford more food for the natives
than the salmon. Black bass are abundant in southeastern
Alaska, and trout and pike inhabit almost all the rivers.

The following tables, showing the extent of the fisheries of the
Territory, are taken from the report of the United States Com-
missioner of Fish and l^isheries, tor 1893:

Vessels and outfit.

Boats

Apparatus :

Seines

Gill nets

Pound nets. . .

Lines

Guns

Shore property . . .
Cash capital

Total

Value.

$494. 400

63.575

27, 025

28, 750

13, 200

4.050

503

720, 650

1, 257,500

2, 609, 650

Mineral Resources — The Klondike Gold Region.

Gold, silver, copper, lead, and iron are found in Alaska. Mr.
Wilson says (Guide to the Yukon Gold Fields) that ever since
the Territory was discovered, the Indians have shown much native
copper, and mountains of the ore are said to exist in the Copper
River region. This section is so little known, however, that
much time must elapse before it will become accessible. Large
beds of iron and coal are known to exist in many parts of" Alaska,
especially in the Yukon.

Prof. J. Edward Spurr, of the United States Geological Sur-
vey, says that all gold in Alaska is alloyed with a small amount
of silver; and pure native silver is frequently found. The pro-
duction of silver in 1896 was valued at $45,798. There was a
good yield of platinum in the Yukon district.

Governor Knapp of Alaska, in his report for 1892, says that
mining districts had been organized in the vicinity of Sitka, on
Douglas Island, on Cook Inlet (where $120,000 worth of gold was
produced in 1896), on Portage Bay, on Kadiak Island, and in the
Yukon Valley. The Treadwell Mining Company, on Douglas
Island, has a very large quartz mill with 240 stamps. The vein
is 400 feet in width, carrying free gold and auriferous pyrites, and
outcrops on a steep hillside. The ore is of such very low grade
that were it not for the peculiarly advantageous situation of the
mine, which reduces cost to a minimum, it could hardly be worked
at a profit. The report of Governor Sheakley for 1894 says that

76 ALASKA.

during the year 240,000 tons of ore were treated, yielding $768,000,
or $3.20 per ton. The quantity of ore, he adds, appears to be
inexhaustible. The cost of mining and milling was $1.35 per
ton; net profit $444,000. A Mexican mine on the adjoining
claim runs 60 stamps with about the same results.

In a report made by Professor Spurr to the Lhiited States
Geological Survey, 1897, the statement is made that the first dis-
coveries in the Yukon district were made in 1'885, on Stewart
River, Cassiar Bar, and Lewis River. In the following year, gold
was found on Forty Mile Creek, and its tributaries, Glacier Creek,
Davis Creek, Poker Creek, etc., were prospected with good re-
sults for several years. Miller Creek (on British territory) was
opened for mining in 1892. Birch Creek, with its various
branches, was discovered in 1893, ^^^^ Circle City was founded.
In 1890, the Director of the United States Mint estimated the pro-
duction of the Yukon placers as $50,000; in 1891, this amount
doubled; in 1893, the product of the Alaskan creeks was given as
$198,000; in 1894 it reached $409,000; and in 1895, $709,000
was the amount estimated for the Yukon district, and $69,689 tor
outside creeks. In this year, P^agle Creek, a tributary of Birch
Creek, was discovered. The condition of the Forty Mile district in
the summer of 1896 was not as encouraging as formerly, owing
to the six weeks' drought, which prevented the water from running
the sluices, and caused enforced idleness. The Birch Creek region,
on the other hand, was flourishing. At this time, discoveries were
made on the Klondike River (about 20 miles from POrty Mile
Creek). Placers on Hunker Creek, Indian Creek, and Bonanza
Creek, the principal branch of the Klondike, gave good returns.
On Bonanza Creek, $1,000 was taken out in August and Septem-
ber, 1896, and 400 claims were located up to January, 1897.
Gulches and creeks showing good prospects are spread over 700
square miles. The mining population in the Yukon region was
estimated, in 1896, at about 1,700; and the gold production for

ALASKA. yy

that year, including United States and British territory, is esti-
mated at $1,400,000.
Professor Spurr says:

The Yukon districts lie in a hroad belt, of gold-producing rocks, having a
considerable width and extending in a general east and west direction for sev-
eral hundred miles. Throughout this belt, occur quartz veins which carry gold,
but so far as yet found out, the ore is of low grade, and a large proportion of
the veins have been so broken by movements in the rocks that they can not be
followed. For this reason, the mines in the bed rock can not be worked, except
on a large scale with improved machinery, and even such operations are impos-
sible until the general conditions of the country in reference to transportation
and supplies are improved.-

Through the gold-bearing rocks, the streams have cut deep gullies and can-
yons, and in their beds the gold which was contained in the rocks which have
been worn away is concentrated, so that from a large amount of very low-grade
rock there may be formed in places a gravel sufficiently rich in gold to repay
washing. All the mining which is done in this country, therefore, consists in
j the washing out of these gravels.

In each gulch, prospectors are at liberty to stake out claims not already taken,
the size of the claims being determined by vote of all the miners in each gulch,
according to the richness of the gravel. The usual length of a claim is about
500 feet along the stream and the total width of the gulch bed, which is ordi-
narily narrow. When a prospector has thus staked out his claim, it is recorded
by one of the miners, who is elected by his fellows in each gulch for that pur-
pose, and this secures him sufficient title. The miners' laws are practically the
entire government in these districts, for the remoteness prevents any systematic
communication being carried on with the United States. All questions and
disputes are settled by miners' meetings, and the question in dispute is put to
popular vote.

In prospecting, the elementary method of panning is used to discover the
presence of gold in gravel, but after a claim is staked and systematic work
begun, long sluice boxes are built of boards, the miners being obliged to fell the
trees themselves and saw out the lumber with whipsaws, a very laborious kind
of work. The depth of gravel in the bottom of the gulches varies from a foot
up to 20 or 30 feet, and when it is deeper than the latter figure, it can not be
worked.

' IThe upper part of the gravel is barren, and the pav dirt lies directlv upon

/ the rock beneath, and is generally very thin. To get at this pav dirt all the

upper gravel must be shoveled oft", and this preliminary work often requires an

78 ALASKA,

entire season, even in a very small claim. When the gravel is deeper than a
certain amount, say 10 feet, the task of removing it becomes formidable. In
this case, the pay dirt can sometimes be got at in the winter season, when the
gravel is frozen hard, by sinking shafts through the gravel and drifting along
the pay dirt.

The wages paid, says Professor vSpiirr, are from $10 to $12 a
day; in winter, $5 to $8 for a six-hour day. The cost of Hving
is very high, owing to the difficulty of transporting provisions,
etc., and the great distances to be covered.

Prospecting in this country, says Mr. Wilson (Guide to Yukon
Gold Fields), is very difficult owing to the character of the surface,
the general formation being soft, the hills having been worn
smooth by glacial action, which left a layer of drift over the whole
country to a depth of from ^ to 1 5 feet. This is frozen the whole
year, with the exception ot a tew inches on the surface. The
method of prospecting is usually carried on by sinking a number
of holes to bed rock across the bed ot the creek, or cross cutting
it by a tunnel and testing the dirt every few feet by panning,
thus locating the pay streak. After a creek has been prospected,
the glacial drift must be removed. The trees and roots are taken
away and a stream of water turned on, which, with the help of the
sun, in time bares the pay streak. The course ot the water is
then turned along the hillside, a dam built and sluice boxes
erected. These are made with corrugated bottoms, which catch
and retain the gold. They are given a grade regulated by the
coarseness ot the gold; it the gold is fine, the grade is slight; it
coarse, a greater pitch can be given, which is preferable, as more
dirt can be handled. The lack of water in these gulches proves
a great hindrance in many cases. The seasons are dry, and only
the glacial drip of the hills can be depended upon.

A method lately adopted by which mining can be done in
v/inter has proved profitable, besides doing away with the long
period of idleness. This is called burning, and is done by drifting.

ALASKA.

melting away the frost by fire and taking out only the pay dirt,
leaving the glacial drift and surface intact. The pay dirt thus
removed is easily washed in the spring when water is plenty.

ROUTES TO THE KLONDIKE.

The Klondike region can be reached by St. Michaels and a
voyage up the Yukon, which is perhaps the most comfortable but
longest route. The current of the river is so swift that the trip up
is necessarily slow. Boats from San Francisco, touching at
Seattle, Victoria, and Unalaska, connect at St. Michaels Island with
the river steamers. In the Guide to the Yukon Gold Fields,
Mr. Wilson gives the following rates for the river boats, which he
says accommodate about loo passengers.

From Forty Mile Post to St. Michaels, first class, $50; second
class, $30. The through trip to San Francisco costs, he says,
from $150 to $175. After leaving the steamer, says the same
authority, packs are carried by Indians and dogs in summer, and
in winter are conveyed by sleds. The cost of freighting in sum-
mer is $30 per 100 pounds for a distance of 60 miles; in winter,
$10 to $13 per 100 pounds. The dogs haul large loads and can
cover long distances.

A more direct but more fatiguing route is from Lynn Channel
to the Lewis River by way of several lakes. There is the Chil-
kat Pass (long and less used than formerly), the White, and the
Chilkoot. The terminus of the White Pass is some 85 miles
north of Juneau, and ocean steamers can run up to the landing at
all times. The pass lies through a box canyon, and is compara-
tively easy. Mr. Wilson considers this the best pass, and says the
trail would not exceed 32 miles in length, and would strike W^indv
arm of Tagish Lake, or Taku arm, coming in farther up the lake.
This part of the lake is accessible to Lake Bennett, and the pass
could be used as a mail route any month of the year. The

8o ALASKA.

Chilkoot Puss is the one most used by miners. Steamers ply from
Juneau to Uyea, a distance of loo miles and the head of steam-
ship navigation. The charge is $10 tor one man and outfit. Mr.
Wilson's description of the route is summarized as follows:

/it Dvea, the actual journey begins. If the trip is made by sleighs, the parties
usually do their own work; but if the snow and ice have left the canyon, the
outfit will have to be packed to Lake Lindeman. Indian packers charge $14
per 100 pounds; the distance is about 24 miles. Canoes can be used for about
6 miles up the Dvea River; then the trail, steep and precipitous, leads up the
canvon to the summit, 15 miles distant and 3,500 feet above tidewater. From
the summit, there is a sheer descent of 500 feet to the bed of Crater Lake.
The water has cut a small canvon down the mountain side which should be fol-
lowed to Lake Lindeman (24 miles from Dyea Inlet). Here a ratt should be
made with a deck of small poles a foot above the body, which prevents the
waves from wetting the outfit. The latter should be protected by water-tight
sacks, either of oilskin or canvas. A short portage of three-fourths of a mile
(the fall being about 20 feet) leads to Lake Bennett. The stream connecting
the two lakes is crooked and rockv, making it unsafe for a boat. Lake Linde-
man is about 6 miles along, and opens up from May 15 to June 10. After
reaching Lake Bennett, the journey may be continued by ratt, or by ascending a
small river which enters the head of the lake from the west, a distance of one mile;
good boDt timber may be found. The only timber used in the construction of
boats is spruce or Norway pine. Lake Bennett is some 26 miles long; Caribou
Crossing leads to Tagish Lake. Navigation on these two lakes is sometimes
interrupted bv the high winds. A wide, sluggish river leads to Lake Marsh, 20
miles long. The river from here to the canyon has about a 3-mile current.
Just above the canyon, quantities of salmon are found. The canyon proper is
five-eighths of a mile in length, but the distance to portage is about a mile, and
that run by the boats is three-fourths of a mile. The average width of the
canyon is loo feet, and the water is very deep. There is little danger in passing
the canyon, if the steersman does not lose his head. The water in the center is
4 feet higher than at the walls, and if the boat is kept under control it will remain
on this crest, and so avoid striking the walls. The boat should be strong, and
the cargo well protected from the water. It takes two minutes and twenty sec-
onds to pass through the canyon. Two miles below, White Horse Rapids arc
reached. It is practically impossible to pass these, and portage must be resorted
to. This part of the river can never be made navigable for steamers. A tram-
way could be easilv built here, and operated by the power from the falls.

About 15 miles from the rapids, the Tahkeena River joins the Lewis. This

ALASKA. 81

is the inland waterway used in connection with the Chilkat Pass, which is long
(125 miles) and less used by miners or Indians. The Tahkeena is easily navi-
gable. A steamer could ascend it perhaps 70 miles. Lake Labarge is 12
miles below the Tahkeena. This lake is 3 1 miles long and is often very rough.
After leaving it, the current of the river increases to 5 or 6 miles an hour. The
course is very crooked and the bed is filled with bowlders, which might make it
dangerous for river steamers, especially on the down trip. The Hootalinqua,
Big Salmon, and Little Salmon rivers enter the Lewis within the next hundred
miles, the first two showing signs of gold. Fifty-three miles below the Little
Salmon is the Five Fingers Rapid, which can be run with a good boat with com-
parative ease. The channel to the right should be followed. Rink Rapids are
6 miles below Five Fingers, and the east shore should be followed closely. Old
Fort Selkirk is 55 miles from Five Fingers, and just below the confluence of the
Pelly and Lewis rivers. Here the Yukon begins, and soon broadens to a mile
in width. Ninety-six miles below, the White River enters from the west.
This is a large stream, extremely muddy. It probably flows over volcanic
deposits. Eighty miles farther on is the mouth of Sixty Mile Creek, where
there is a trading post and sawmill, and where a number of miners annually
winter. Thirty miles below, Indian Creek enters the Yukon, and 20 miles
from Indian Creek is the mouth of the Klondike. Some 20 miles beyond is the
mouth of Forty Mile Creek. There is a trading post at its outlet, and Dawson
is near the mouth of the Klondike River. Circle City is 140 miles from Forty
Mile Post, and Dawson is 676 miles from Juneau.

The act of Congress approved July 4, 1866, relating to min-
eral lands and mining in the United States, says:

All valuable mineral deposits in lands belonging to the United States, both
surveyed and unsurveyed, are hereby- declared to be free and open to explora-
tion and purchase, and lands in which these are found to occupation and
purchase, by citizens of the United States and by those who have declared an
intention to become such, under the rules prescribed by law and according to
local customs or rules of miners in the several mining districts, so far as the
same are applicable and not inconsistent with the laws of the United States.

The act of Congress approved May 17, 1884, providing for
civil government for Alaska, has this language as to mines and
mining privileges:

The laws of the United States relating to mining claims and rights incidental
thereto shall, on and after the passage of this act, be in full force and effect in
^o. 86 6

82 ALASKA.

said district of Alaska, subject to such regulations as may be made by the Sec-
retary of the Interior and approved by the President. * * * Parties who
have located mines or mining privileges therein, under the United States law
applicable to the public domain, or have occupied or improved or exercised acts
of ownership over such claims, shall not be disturbed therein, but shall be
allowed to perfect title by payment so provided for.

Commissioner Hermann says that the patenting of mineral
lands in Alaska has been going on since 1884.

UNITED STATES MINING LAWS.

As the mining laws of the United States apply to Alaska, they
are printed here in full :

united states mining laws and regulations thereunder.*

Department of the Interior,

General Land Office,

December 10, i8gi.
Gentlemen: Your attention is invited to the Revised Statutes of the United
States and the amendments thereto in regard to

MINING LAWS AND MINING RESOURCES.
Title xxxu, Chapter 6.

Section 2318. In all cases lands valuable for minerals shall be reserved from
sale, except as otherwise expressly directed by law.

Sec. 2319. All valuable mineral deposits in lands belonging to the United
States, both surveyed and unsurveyed, are hereby declared to be free and open
to exploration and purchase, and the lands in which they are found to occupa-
tion and purchase, by citizens of the United States and those who have declared
their intention to become such, under regulations prescribed by law, and accord-
ing to the local customs or rules of miners in the several mining districts, so far
as the same are applicable and not inconsistent with the laws of the United
States.

Sec. 2320. Mining-claims upon veins or lodes of quartz or other rock in place
bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, here-

* Department of the Interior, General Land Office, Washington, May i6, 1893. —
This circular is reissued for the information and benefit of those concerned. — S. W.
Lamoreux, Commissioner.

ALASKA.

tofore located, shall be governed as to length along the vein or lode by the cus-
toms, regulations, and laws in force at the date of their location. A mining-
claim located after the tenth day of May, eighteen hundred and seventy-two,
whether located by one or more persons, may equal, but shall not exceed, one
thousand five hundred feet in length along the vein or lode; but no location of
a mining-claim shall be made until the discovery of the vein or lode within the
limits of the claim located. No claim shall extend more than three hundred feet
on each side of the middle of the vein at the surface, nor shall any claim be
limited by any mining regulation to less than twenty-five feet on each side of the
middle of the vein at the surface, except where adverse rights existing on the
tenth dav of May, eighteen hundred and seventy-two, render such limitation
necessarv. The end-lines of each claim shall be parallel to each other.

Sec. 2321. Proof of citizenship, under this chapter, may consist, in the case
of an individual, of his own affidavit thereof; in the case of an association of
persons unincorporated, of the affidavit of their authorized agent, made on his
own knowledge, or upon information and belief; and in the case of a corpora-
tion organized under the laws of the United States, or of any State or Terri-
tory thereof, by the filing of a certified copy of their charter or certificate ot
incorporation.

Sec. 2322. The locators of all mining locations heretofore made or which
shall hereafter be made, on any mineral vein, lode, or ledge, situated on the pub-
lic domain, their heirs and assigns, where no adverse claim exists on the tenth
day of May, eighteen hundred and seventy-two, so long as they comply with
the laws of the United States, and with State, Territorial, and local regulations
not in conflict with the laws of the United States governing their possessory title,
shall have the exclusive right of possession and enjoyment of all the surface
included within the lines of their locations, and of all veins, lodes, and ledges
throughout their entire depth, the top or apex of which lies inside of such surface-
•lines extended downward vertically, although such veins, lodes, or ledges may
so far depart from a perpendicular in their course downward as to extend out-
side the vertical side-lines of such surface locations. But their right of posses-
sion to such outside parts of such veins or ledges shall be confined to such
portions thereof as lie between vertical planes drawn downward as above
described, through the end-lines of their locations, so continued in their own
direction that such planes will intersect such exterior parts of such veins or
ledges. And nothing in this section shall authorize the locator or possessor ot
a vein or lode which extends in its downward course beyond the vertical lines
of his claim to enter upon the surface of a claim owned or possessed by another.

Sec. 2323. Where a tunnel is run for the development of a vein or lode, or
for the discovery of mines, the owners of such tunnel shall have the right of

84 ALASKA.

possession of all veins or lodes within three thousand feet from the face of such
tunnel on the line thereof, not previously known to exist, discovered in such
tunnel, to the same extent as if discovered from the surface; and locations on
the line of such tunnel of veins or lodes not appearing on the surface, made by
other parties after the commencement of the tunnel, and while the same is being
prosecuted with reasonable diligence, shall be invalid; but failure to prosecute
the work on the tunnel for six months shall be considered as an abandonment
of the right to all undiscovered veins on the line of such tunnel.

Sec. 2324. The miners of each mining-district may make regulations not in
conflict with the laws of the United States, or with the laws of the State or
Territory in which the district is situated, governing the location, manner of
recording, amount of work necessary to hold possession of a mining-claim, sub-
ject to the following requirements : The location must be distinctly marked on
the ground so that its boundaries can be readily traced. All records of mining-
claims hereafter made shall contain the name or names of the locators, the date
of the location, and such a description of the claim or claims located by refer-
ence to some natural object or permanent monument as will identify the claim.
On each claim located after the tenth day of May, eighteen hundred and sev-
enty-two, and until a patent has been issued therefor, not less than one hundred
dollars' worth of labor shall be performed or improvements made during each
year. On all claims located prior to the tenth day of May, eighteen hundred
and seventy-two, ten dollars' worth of labor shall be performed or improve-
ments made by the tenth day of June, eighteen hundred and seventy-four, and
each year thereafter, for each one hundred feet in length along the vein until a
patent has been issued therefor ; but where such claims are held in common,
such expenditure may be made upon any one claim ; and upon a failure to com-
ply with these conditions, the claim or mine upon which such failure occurred
shall be open to relocation in the same manner as if no location of the same
had ever been made, provided that the original locators, their heirs, assigns, or
legal representatives, have not resumed work upon the claim after failure and
before such location. Upon the failure of any one of several co-owners to con-
tribute his proportion of the expenditures required hereby, the co-owners who
have performed the labor or made the improvements may, at the expiration of
the year, give such delinquent co-owner personal notice in writing or notice by
publication in the newspaper published nearest the claim, for at least once a
week for ninety days, and if at the expiration of ninety days after such notice
in writing or by publication such delinquent should fail or refuse to contribute
his proportion of the expenditure required by this section, his interest in the
claim shall become the property of his co-owners who have made the required
expenditures.

ALASKA. 85

Sec. 2325. A patent for any land claimed and located for valuable deposits
may be obtained in the following manner: Any person, association, or cor-
poration authorized to locate a claim under this chapter, having claimed and
located a piece of land for such purposes, who has, or have, complied with the
terms of this chapter, may file in the proper land-office an application for a
patent, under oath, showing such compliance, together with a plat and field-
notes of the claim or claims in common, made by or under the direction of the
United States Surveyor-General, showing accurately the boundaries of the claim
or claims, which shall be distinctly marked by monuments on the ground, and
shall post a copy of such plat, together with a notice of such application for a
patent, in a conspicuous place on the land embraced in such plat previous to the
filing of the application for a patent, and shall file an affidavit of at least two
persons that such notice has been duly posted, and shall file a copy of the notice
in such land-office, and shall thereupon be entitled to a patent for the land, in
the manner following: The register of the land-office, upon the filing of such
application, plat, field-notes, notices, and affidavits, shall publish a notice that
such application has been made, for the period of sixty days, in a newspaper to
be by him designated as published. nearest to such claim; and he shall also post
such notice in his office for the same period. The claimant at the time of filing
this application, or at any time thereafter, within the sixty days of publication,
shall file with the register a certificate of the United States Surveyor-General that
five hundred dollars' worth of labor has been expended or improvements made
upon the claim by himself or grantors; that the plat is correct, with such further
description by such reference to natural objects or permanent monuments as shall
identify the claim, and furnish an accurate description, to be incorporated in
the patent. At the expiration of the sixty days of publication, the claimant shall
file his affidavit, showing that the plat and notice have been posted in a con-
spicuous place on the claim during such period of publication. If no adverse
claim shall have been filed with the register and the receiver of the proper land-
office at the expiration of the sixty days of publication, it shall be assumed that
the applicant is entitled to a patent, upon the payment to the proper officer of
five dollars per acre, and that no adverse claim exists ; and thereafter no objec-
tion from third parties to the issuance of a patent shall be heard, except it be
shown that the applicant has failed to comply with the terms of this chapter.

Sec. 2326. Where an adverse claim is filed during the period of publication,
it shall be upon oath of the person or persons making the same, and shall show
the nature, boundaries, and extent of such adverse claim, and all proceedings,
except the publication of notice and making and filing of the affidavit thereof,
shall be stayed until the controversy shall have been settled or decided by a
court of competent jurisdiction, or the adverse claim waived. It shall be the

86 ALASKA.

duty of" the adverse claimant, within thirty days after filing his claim, to com-
mence proceedings in a court of competent jurisdiction, to determine the ques-
tion of the right of possession, and prosecute the same with reasonable diligence
to final judgment; and a failure so to do shall be a waiver of his adverse claim.
After such judgment shall have been rendered, the party entitled to the posses-
sion of the claim, or any portion thereof, may, without giving further notice,
file a certified copy of the judgment-roll with the register of the land-office,
together with the certificate of the surveyor-general that the requisite amount
of labor has been expended or improvements made thereon, and the description
required in other cases, and shall pay to the receiver five dollars per acre for
his claim, together with the proper fees, whereupon the whole proceedings and
the judgment-roll shall be certified by the register to the Commissioner of the
General Land Office, and a patent shall issue thereon for the claim, or such
portion thereof as the applicant shall appear, from the decision of the court, to
rightly possess. If it appears from the decision of the court that several parties
are entitled to separate and different portions of the claim, each party may pay
for his portion of the claim with the proper fees, and file the certificate and
description by the surveyor-general, whereupon the register shall certify the pro-
ceedings and judgment-roll to the Commissioner of the General Land Office, as
in the preceding case, and patents shall issue to the several parties according to
their respective rights. Nothing herein contained shall be construed to prevent
the alienation of a title conveyed by a patent for a mining-claim to any person
whatever.

Sec. 2327. The description of vein or lode claims, upon surveyed lands, shall
designate the location of the claim with reference to the lines of the public
surveys, but need not conform therewith; but where a patent shall be issued for
claims upon unsurveyed lands, the surveyor-general, in extending the surveys,
shall adjust the same to the boundaries of such patented claim, according to the
plat or description thereof, but so as in no case to interfere with or change the
location of any such patented claim.

Sec. 2328. Applications for patents for mining-claims under former laws now
pending may be prosecuted to a final decision in the General Land Office; but
in such cases where adverse rights are not affected thereby, patents may issue in
pursuance of the provisions of this chapter; and all patents for mining-claims
upon veins or lodes heretofore issued shall convey all the rights and privileges
conferred by this chapter where no adverse rights existed on the tenth day of
May, eighteen hundred and seventy-two.

Sec. 2329. Claims usually called "placers," including all forms of deposit,
excepting veins of quartz, or other rock in place, shall be subject to entry and

ALASKA. 87

patent, under like circumstances and conditions, and upon similar proceedings,
as are provided for vein or lode claims ; but where the lands have been pre-
viously surveyed by the United States, the entry in its exterior limits shall
conform to the legal subdivisions of the public lands.

Sec. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre
tracts; and two or more persons, or associations of persons, having contiguous
claims of any size, although such claims may be less than ten acres each, may
make joint entry thereof; but no location of a placer-claim, made after the
ninth day of July, eighteen hundred and seventy, shall exceed one hundred and
sixty acres for any one person or association of persons, which location shall
conform to the United States surveys; and nothing in this section contained
shall defeat or impair any bona fide pre-emption or homestead claim upon agri-
cultural lands, or authorize the sale of the improvements of ariy' bona fide settler
to any purchaser.

Sec. 2331. Where placer-claims are upon surveyed lands, and conform to
legal subdivisions, no further survey or plat shall be required, and all placer-
mining claims located after the tenth day of May, eighteen hundred and seventy-
two, shall conform as near as practicable with the United States svstem of
public-land surveys, and the rectangular subdivisions of such surveys, and no
such location shall include more than twenty acres for each individual claimant;
but where placer-claims can not be conformed to legal subdivisions, survev and
plat shall be made as on unsurveyed lands; and where by the segregation of
mineral lands in any legal subdivision a quantity of agricultural land less than
forty acres remains, such fractional portion of agricultural land may be entered
by any partv qualified by law, for homestead or pre-emption purposes.

Sec. 2332. Where such person or association, they and their grantors, have
held and worked their claims for a period equal to the time prescribed by the
statute of limitations for mining-claims of the State or Territory where the same
may be situated, evidence ot such possession and working ot the claims for such
period shall be sufficient to establish a right to a patent thereto under this chapter,
in the absence ot any adverse claim; but nothing in this chapter shall be deemed
to impair any lien which may have attached in any way whatever to anv mining-
claim or property thereto attached prior to the issuance of a patent.

Sec. 2333. Where the same person, association, or corporation is in possession
of a placer-claim, and also a vein or lode included within the boundaries thereof,
application shall be made for a patent for the placer-claim, with the statement
that it includes such vein or lode, and in such case a patent shall issue for the
placer-claim, subject to the provisions of this chapter, including such vein or
lode, upon the payment of five dollars per acre for such vein or lode claim, and

ALASKA.

twenty-five feet of surface on each side thereof. The remainder of the placer-
claim, or any placer-claim not embracing any vein or lode-claim, shall be paid
for at the rate ot two dollars and fifty cents per acre, together with all costs of
proceedings; and where a vein or lode, such as is described in section twenty-
three hundred and twenty, is known to exist within the boundaries of a placer-
claim, an application for a patent for such placer-claim which does not include
an application for the vein or lode claim shall be construed as a conclusive
declaration that the claimant of the placer-claim has no right of possession of
the vein or lode claim; but where the existence of a vein or lode in a placer-
claim is not known, a patent for the placer-claim shall convey all valuable mineral
and other deposits within the boundaries thereof

Sec. 2334. The surveyor-general of the United States may appoint in each
land-district containing mineral lands as many competent surveyors as shall
apply for appointment to survey mining-claims. The expenses of the survey
of vein or lode claims, and the survey and subdivision of placer-claims into
smaller quantities than one hundred and sixty acres, together with the cost of
publications of notices, shall be paid by the applicants, and they shall be at
liberty to obtain the same at the most reasonable rates, and they shall also be
at liberty to employ any United States deputy surveyor to make the survey.
The Commissioner of the General Land Office shall also have power to estab-
lish the maximum charges tor surveys and publication of notices under this
chapter; and, in case of excessive charges for publication, he may designate any
newspaper published in a land-district where mines are situated for the publication
of mining-notices in such district, and fix the rates to be charged by such paper;
and, to the end that the Commissioner may be fully informed on the subject,
each applicant shall file with the register a sworn statement of all charges and
fees paid by such applicant for publication and surveys, together with all fees
and money paid the register and the receiver of the land-office, which statement
shall be transmitted, with the other papers in the case, to the Commissioner of
the General Land Office,.

Sec. 2335. All affidavits required to be made under this chapter may be veri-
fied before any officer authorized to administer oaths within the land-district
where the claims may be situated, and all testimony and proofs may be taken
before any such officer, and, when duly certified by the officer taking the same,
shall have the same force and effect as if taken before the register and receiver
of the land-office. In cases of contest as to the mineral or agricultural charac-
ter of land, the testimony and proofs may be taken as herein provided on per-
sonal notice of at least ten days to the opposing party; or if such party cannot
be found, then by publication of at least once a week for thirty days in a news-
paper, to be designated by the register of the land-office as published nearest to

ALASKA. 89

the location of such land ; and the register shall require proof that such notice
lias been given.

Sec. 2336. Where two or more veins intersect or cross each other, priority
of title shall govern, and such prior location shall be entitled to all ore or min-
eral contained within the space oi intersection ; but the subsequent location
shall have the right of wav through the space of intersection for the purposes of
the convenient working of the mine. And where two or more veins unite, the
oldest or prior location shall take the vein below the point of union, including
all the space of intersection.

Sec. 2337. Where non-mineral land not contiguous to the vein or lode is
used or occupied by the proprietor of such vein or lode for mining or milling pur-
poses, such non-adjacent surface-ground may be embraced and included in an
application for a patent for such vein or lode, and the same may be patented there-
with, subject to the same preliminary requirements as to survey and notice as are
applicable to veins or lodes ; but no location hereafter made of such non-adjacent
land shall exceed five acres, and payment for the same must be made at the same
rate as fixed by this chapter for the superficies of the lode. The owner of a
quartz-mill or reduction works, not owning a mine in connection therewith, may
also receive a patent for his mill-site, as provided in this section.

Sec. 2338. As a condition of sale, in the absence of necessary legislation by
Congress, the local legislature of any State or Territory may provide rules for
working mines, involving easements, drainage, and other necessary means to
their complete development; and those conditions shall be fully expressed in
the patent.

Sec. 2339. Whenever, by priority of possession, rights to the use of water
for mining, agricultural, manufacturing, or other purposes, have vested and
accrued, and the same are recognized and acknowledged by the local customs,
laws, and the decisions of courts, the possessors and owners of such vested rights
shall be maintained and protected in the same; and the right of way for the
construction of ditches and canals for the purposes herein specified is acknowl-
edged and confirmed; but whenever any person, in the construction of any ditch
or canal, injures or damages the possession of any settler on the public domain,
the party committing such injury or damage shall be liable to the party injured
for such injury or damage.

Sec. 2340. All patents granted, or pre-emption or homesteads allowed, shall
be subject to any vested and accrued water-rights, or rights to ditches and reser-
voirs used in connection with such water-rights, as may have been acquired
under or recognized by the preceding section.

Sec. 2341. Wherever, upon the lands heretofore designated as mineral lands,
which have been excluded from survey and sale, there have been homesteads

go ALASKA.

made by citizens of the United States, or persons who have declared their
intention to become citizens, which homesteads have been made, improved, and
used for agricultural purposes, and upon which there have been no valuable
mines of gold, silver, cinnabar, or copper discovered, and which are properlv
agricultural lands, the settlers or owners of such homesteads shall have a right
of pre-emption thereto, and shall be entitled to purchase the same at the price
of one dollar and twenty-five cents per acre, and in quantity not to exceed one
hundred and sixty acres; or they may avail themselves of the provisions of
chapter five of this title, relating to "Homesteads."

Sec. 2342. Upon the survey of the lands described in the preceding section,
the Secretary ot the Interior may designate and set apart such portions of the
same as are clearly agricultural lands, which lands shall thereafter be subject to
pre-emption and sale as other public lands, and be subject to all the laws and
regulations applicable to the same.

Sec. 2343. The President is authorized to establish additional land-districts,
and to appoint the necessary officers under existing laws, wherever he may deem
the same necessary for the public convenience in executing the provisions or
this chapter.

Sec. 2344. Nothing contained in this chapter shall be construed to impair, in
any way, rights or interests in mining property acquired under existing laws ;
nor to affect the provisions of the act entitled "An act granting to A. Sutro the
right of way and other privileges to aid in the construction of a draining and
exploring tunnel to the Comstock lode, in the State of Nevada," approved July
twenty-five, eighteen hundred and sixty-six.

Sec. 2345. The provisions of the preceding sections of this chapter shall not
apply to the mineral lands situated in the States of Michigan, Wisconsin, and
Minnesota, which are declared tree and open to exploration and purchase,
according to legal subdivisions, in like manner as before the tenth dav of May,
eighteen hundred and seventy-two. And any bona fide entries of such lands
within the States named since the tenth of May, eighteen hundred and seventy-
two, may be patented without reference to any of the foregoing provisions of
this chapter. Such lands shall be offered for public sale in the same manner, at
the same minimum price, and under the same rights of pre-emption as other
public lands.

Sec. 2346. No act passed at the first session of the thirty-eighth Congress,
granting lands to States or corporations to aid in the construction of roads or
for other purposes, or to extend the time of grants made prior to the thirtieth
day of January, eighteen hundred and sixty-five, shall be so construed as to
embrace mineral lands, which in all cases are reserved exclusively to the United
States, unless otherwise specially provided in the act or acts making the grant.

ALASKA. gi

REPEAL PROVISIONS.

ITLE LXXIV.

Sec. 5595. The foregoing seventy-three titles embrace the statutes of the
United States general and permanent in their nature, in force on the 1st day of
December, one thousand eight hundred and seventy-three, as revised and con-
solidated by commissioners appointed under an act of Congress, and the same
shall be designated and cited as The Revised Statutes ot the United States.

Sec. 5596. All acts of Congress passed prior to said first dav of December,
o le thousand eight hundred and seventy-three, any portion of which is embraced
in any section of said revision, are hereby repealed, and the section applicable
thereto shall be in force in lieu thereof; all parts of such acts not contained in
such revision, having been repealed or superseded by subsequent acts, or not
being general and permanent in their nature : Proinded, That the incorporation
into such revision of any general and permanent provision, taken from an act
making appropriations, or from an act containing other provisions of a private,
local or temporary character, shall not repeal, or in any way affect anv appro-
priation, or any provision of a private, local, or temporary character, contained
in anv of said acts, but the same shall remain in force; and all acts of Congress
passed prior to said last-named day no part of which are embraced in said revis-
ion, shall not be affected or changed by its enactment.

Sec. 5597. The repeal of the several acts embraced in said revision, shall not
affect any act done, or any right accruing or accrued, or any suit or proceeding
had or commenced in any civil cause before the said repeal, but all rights and
liabilities under said acts shall continue, and may be enforced in the same man-
ner, as if said repeal had not been made; nor shall said repeal, in any manner
affect the right to any office, or change the term or tenure thereof.

Sec. 5598. All offenses committed, and all penalties or forfeitures incurred
under any statute embraced in said revision prior to said repeal, may be prose-
cuted and punished in the same manner and with the same effect, as if said repeal
had not been made.

Sec. 5599. All acts of limitation, whether applicable to civil causes and pro-
ceedings, or to the prosecution of offenses, or for the recovery of penalties or
forfeitures, embraced in said revision and covered by said repeal, shall not be
affected thereby, but all suits, proceedings or prosecutions, whether civil or crim-
inal, for causes arising, or acts done or committed prior to said repeal, may be
commenced and prosecuted within the same time as if said repeal had not been
made.

Sec. 5600. The arrangement and classification of the several sections of the

92 ALASKA.

revision have been made for the purpose of a more convenient and orderly
arrangement of the same, and therefore no inference or presumption of a legis-
lative construction is to be drawn by reason of the Title, under which any par-
ticular section is placed.

Sec. 5601. The enactment of the said revision is not to affect or repeal any
act of Congress passed since the first day of December, one thousand eight hun-
dred and seventy-three, and all acts passed since that date are to have full effect
as if passed after the enactment of this revision, and so far as such acts vary
from, or conflict with any provision contained in said revision, they are to have
effect as subsequent statutes, and as repealing any portion of the revision incon-
sistent therewith.

Approved, June 22, 1874.

AN ACT to amend the act entitled "An act to promote the c'evelopment of the mining resources
of the United States," passed May tenth, eighteen hundred and seventy-two.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the provisions of the fifth section of
the act entitled "An act to promote the development of the mining resources of
the United States," passed May tenth, eighteen hundred and seventy-two,
which requires expenditures of labor and improvements on claims located prior
to the passage of said act, are hereby so amended that the time for the first
annual expenditure on claims located prior to the passage of said act shall be
extended to the first day of January, eighteen hundred and seventy-five.

Approved, June 6, 1874 (18 Stat., 61).

AN ACT to amend section two thousand three hundred and twenty-four of the Revised Statutes,
relating to the development of the mining resources of the United States.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That section two thousand three hundred
and twenty-four of the Revised Statutes be, and the same is hereby amended so
that where a person or company has or may run a tunnel for the purpose of
developing a lode or lodes, owned by said person or company, the money so
expended in said tunnel shall be taken and considered as expended on said lode
or lodes, whether located prior to or since the passage of said act, and such
person or company shall not be required to perform work on the surface of said
lode or lodes in order to hold the same as required by said act.

Approved February 11, 1875 (18 Stat., 315).

ALASKA. 93

AN ACT to exclude the States of Missouri and Kansas from the provisions of the act of Congress
entitled "An act to promote the development of the mining resources of the United States,"
approved May tenth, eighteen hundred and seventy-two.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That within the States of Missouri and
Kansas deposits of coal, iron, lead, or other mineral be, and they are hereby,
excluded from the operation of the act entitled "An act to promote the develop-
ment of the mining resources of the United States," approved May tenth, eight-
een hundred and seventy-two, and all lands in said States shall be subject to
disposal as agricultural lands.

Approved May 5, 1876 (19 Stat., 52).

AN ACT authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove tim-
ber on the public domain for mining and domestic purposes.

Be it enacted bv the Senate and House of Representatives of the United States
of America in Congress assembled. That all citizens of the United States and
other persons, bona fide residents of the State of Colorado or Nevada, or either
of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho,
or Montana, and all other mineral districts of the United States, shall be and
are hereby, authorized and permitted to fell and remove, for building, agricul-
tural, mining, or other domestic purposes, any timber or other trees growing or
being on the public lands, said lands being mineral, and not subject to entry
under existing laws of the United States, except for mineral entry, in either of
said States, Territories, or districts of which such citizens or persons may be at
the time bona fide residents, subject to such rules and regulations as the Secre-
tary of the Interior may prescribe for the protection of the timber and of the
undergrowth growing upon such lands, and for other purposes : Provided, The
provisions of this act shall not extend to railroad corporations.

Sec. 2. That it shall be the duty of the register and the receiver of any local
land-office in whose district any mineral land may be situated to ascertain from
time to time whether any timber is being cut or used upon any such lands,
except for the purposes authorized by this act, within their respective land dis-
tricts; and, if so, they shall immediately notify the Commissioner of the General
Land Office of that fact; and all necessary expenses incurred in making such
proper examinations shall be paid and allowed such register and receiver in
making up their next quarterly accounts.

Sec. 3. Any person or persons who shall violate the provisions of this act, or
any rules and regulations in pursuance thereof made by the Secretary of the

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Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall
be fined in any sum not exceeding five hundred dollars, and to which mav be
added imprisonment for any term not exceeding six months.
Approved June 3, 1878 (20 Stat., 88).

AN ACT to amend sections twenty-three hundred and twenty-four and twenty-three hundred and
twenty-five of the Revised Statutes of the United States concerning mineral lands.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled. That section twenty-three hundred and
twenty-five of the Revised Statutes of the United States be amended bv adding
thereto the following words : ^^ Provided, That where the claimant for a patent
is not a resident of or within the land-district wherein the vein, lode, ledge, or
deposit sought to be patented is located, the application for patent and the
affidavits required to be made in this section by the claimant for such patent
may be made by his, her, or its authorized agent, where said agent is conversant
with the facts sought to be established by such affidavits : And provided. That
this section shall apply to all applications now pending for patents to mineral
lands."

Sec. 2. That section twenty-three hundred and twenty-four of the Revised
Statutes of the United States be amended by adding the following words :
^* Provided, That the period within which the work required to be done annu-
ally on all unpatented mineral claims shall commence on the first day of January
succeeding the date of location of such claim, and this section shall apply to all
claims located since the tenth day of May, anno Domini eignteen hundred and
seventv-two."

Approved January 22, 1880 (21 Stat., 61).

AN ACT to amend section twentj'-three hundred and twenty-six of the Revised Statutes relating
to suits at law affecting the title to mining-claims.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That if, in any action brought pur-
suant to section twenty-three hundred and twenty-six of the Revised Statutes,
title to the ground in controversy shall not be established by either party, the
jury shall so find, and judgment shall be entered according to the verdict. In
such case costs shall not be allowed to either party, and the claimant shall not
proceed in the land-office or be entitled to a patent for the ground in contro-
versy until he shall have perfected his title.

Approved March 3, 1881 (21 Stat., 505).

ALASKA. 95

AN ACT to amend section twenty-three hundred and twenty-six of the Revised Statutes, in
regard to mineral lauds, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled: That the adverse claim required by
section twenty-three hundred and twenty-six of the Revised Statutes may be
verified by the oath of any duly authorized agent or attorney-in-fact of the
adverse claimant cognizant of the facts stated; and the adverse claimant, if
residing or at the time being beyond the limits of the district wherein the claim
is situated, may make oath to the adverse claim before the clerk of any court of
record of the United States or the State or Territory where the adverse claim-
ant may then be, or before any notary public of such State or Territory.

Sec. 2. That applicants for mineral patents, if residing beyond the limits of
the district wherein the claim is situated, may make any oath or affidavit required
for proof of citizenship before the clerk of any court of record, or before any
notary public of any State or Territory.

Approved April 26, 1882. (22 Stat., 49.)

AN ACT to exclude the public lands in Alabama from the operation of the laws relating to mineral

lands.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled. That within the State of Alabama all public
lands, whether mineral or otherwise, shall be subject to disposal only as agricultural
lands: Provided, however. That all lands which have heretofore been reported
to the General Land Office as containing coal and iron shall first be offered at
public sale: And provided further. That any bona fide entry under the provi-
sions of the homestead law of lands within said State heretofore made may be
patented without reference to an act approved May tenth, eighteen hundred and
seventy-two, entitled, "An act to promote the development of the mining
resources of the United States," in cases where the persons making application
for such patents have in all other respects complied with the homestead law
relating thereto.

Approved, March 3, 1883. (22 Stat., 487.)

AN ACT providing a civil government for Alaska.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress Assembled, *******

Sec 8. That the said district of Alaska is hereby created a land district, and
a United States land office for said district is hereby located at Sitka. The

96 ALASKA.

commissioner provided for by this act to reside at Sitka shall be ex officio register
of said land office, and the clerk provided for by this act shall be ex officio receiver
of public moneys and the marshal provided for by this act shall be ex officio
surveyor-general of said district and the laws of the United States relating to
mining claims, and the rights incident thereto, shall, from and after the passage
of this act, be in full force and effect in said district, under the administration
thereof herein provided for, subject to such regulations as may be made by the
Secretary of the Interior, approved by the President: Provided, That the
Indians or other persons in said district shall not be disturbed in the possession
of any lands actually in their use or occupation or now claimed by them, but the
terms under which such persons may acquire title to such lands is reserved for
future legislation by Congress: And provided further , That parties who have
located mines or mineral privileges therein under the laws of the United States
applicable to the public domain, or who have occupied and improved or exer-
cised acts of ownership over such claims, shall not be disturbed therein, but shall
be allowed to perfect their title to such claims by payment as aforesaid: And
provided also, That the land not exceeding six hundred and forty acres at any
station now occupied as missionary stations among the Indian tribes in said
section, with the improvements thereon erected by or for such societies, shall be
continued in the occupancy of the several religious societies to which said mis-
sionary stations respectively belong until action by Congress. But nothing
contained in this act shall be construed to put in force in said district the general
land laws of the United States.

* * ■ * * 4: * *

Approved May 17, 1884. (23 Stat., 24.)

AN ACT making appropriations for sundrj' ci\nl expenses of the Government for the fiscal year
ending June thirtieth, eighteen hundred and ninety-one, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, *****

No person who shall, after the passage of this act, enter upon any of the
public lands with a view to occupation, entry, or settlement under any of the land
laws shall be permitted to acquire title to more than three hundred and twenty
acres in the aggregate, under all of said laws, but this limitation shall not operate
to curtail the right of any person who has heretofore made entry or settlement
on the public lands, or whose occupation, entry, or settlement is validated by
this act: Provided, That in all patents for lands hereafter taken up under any
of the land laws of the United States or on entries or claims validated by this

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act, west of the one hundredth meridian it shall be expressed that there is
reserv'ed from the lands in said patent described a right of wav thereon for
ditches or canals constructed by the authority of the United States. * * *
Approved August 30, 1890. (26 Stat., 371.)

AN ACT to repeal timber-culture laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, * =h * * * *

Sec. 16. That townsite entries may be made by incorporated towns and cities
on the mineral lands of the United States, but no title shall be acquired by such
towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any
valid mining claim or possession held under existing law. When mineral veins
are possessed within the limits of an incorporated town or city, and such pos-
session is recognized by local authority or by the laws of the United States, the
title to town lots shall be subject to such recognized possession and the necessary
use thereof and when entry has been made or patent issued for such townsites
to such incorporated town or city, the possessor of such mineral vein may enter
and receive patent for such mineral vein, and the surface ground appertaining
thereto: Provided, That no entry shall be made by such mineral-vein claimant
for surface ground where the owner or occupier of the surface ground shall have
had possession of the same before the inception of the title of the mineral-vein
applicant.

Sec. I 7. That reservoir sites located or selected and to be located and selected
under the provisions of "An act making appropriations for sundrv civil expenses
of the Government for the fiscal year ending June thirtieth, eighteen hundred
and eighty-nine, and for other purposes," and amendments thereto, shall be
restricted to and shall contain only so much land as is actually necessary for the
construction and maintenance of reservoirs, excluding so far as practicable lands
occupied by actual settlers at the date of the location of said reservoirs, and that
the provisions of "An act making appropriations for sundry civil expenses of
the Government for the fiscal year ending June thirtieth, eighteen hundred and
ninety-one, and for other purposes," which reads as follows, viz: "No person
who shall after the passage of this act enter upon any of the public lands with a
view to occupation, entry, or settlement under any of the land laws shall be per-
mitted to acquire title to more than three hundred and twenty acres in the
aggregate under all said laws," shall be construed to include in the maximum
amount of lands the title to which is permitted to be acquired by one person
i^-Q. 80 7

98 ALASKA.

only agricultural lands and not include lands entered or sought to be entered
under mineral land laws.

^ :(: ^ :)< 4: H^ 4:

Approved, March t,, 1891. (26 Stat., 1095.)

MINERAL LANDS OPEN TO EXPLORATION, OCCUPATION, AND PURCHASE.

1. It will he perceived that by the foregoing provisions ot law the mineral
lands in the public domain, surveyed or unsurveyed, are open to exploration,
occupation, and purchase by all citizens of the United States and all those who
have declared their intentions to become such.

STATUS OK LODE-CLAIMS LOCATED PRIOR TO MAV 1 O, 1872.

2. Bv an examination ot the several sections ot the Revised Statutes it will
be seen that the status of lode-claims locax^ed previous to the loth May, 1872,
is not changed with regard to their extent along the lode or width of surface.

3. Mining rights acquired under such previous locations are, however, enlarged
by such Revised Statutes in the following respect, viz : The locators of all such
previouslv taken veins or lodes, their heirs and assigns, so long as they comply
with the laws of Congress and with State, Territorial, or local regulations
not in conflict therewith, governing mining claims, are invested with the exclu-
sive possessory right of all the surface included within the lines of their loca-
tions, and of all veins, lodes, or ledges throughout their entire depth, the top
or apex of which lies inside of such surface lines extended downward vertically,
although such veins, lodes, or ledges mav so far depart from a perpendicular in
their course downward as to extend outside the vertical side-lines of such loca-
tions at the surface, it being expressly provided, however, that the right ot pos-
session to such outside parts of said veins or ledges shall be confined to such
portions thereof as lie between vertical planes drawn downward, as aforesaid,
through the end lines of their locations so continued in their own direction that
such planes will intersect such exterior parts of such veins, lodes, or ledges; no
right being granted, however, to the claimant of such outside portion of a vein
or ledge to enter upon the surface location of another claimant.

4. It is to be distinctly understood, however, that the law limits the possess-
ory right to veins, lodes, or ledges, other than the one named in the original
location, to such as were not adversely claimed on May 10, i8j2, and that
where such other vein or ledge was so adversely claimed at that date, the right
of the partv so adverselv claiming is in no wav impaired by the provisions ot
the Revised Statutes.

5. In order to hold the possessory title to a mining claim located prior to
May 10, 1872, and for which a patent has not been issued^ the law requires that

ALASKA. 99

ten dollars shall be expended annually in labor or improvements on each claim
of one hundred J^eet on the course of the vein or lode until a patent shall have
been issued therefor; but where a number of such claims are held in common
upon the same vein or lode, the aggregate expenditure that would be necessary
to hold all the claims, at the rate oi ten dollars per hundred feet, may be made
upon any one claim; a failure to comply with this requirement in any one year
subjecting the claim upon which such failure occurred to relocation by other
parties, the same as if no previous location thereof had ever been made, unless
the claimants under the original location shall have resumed work thereon after
such failure and before such relocation. The first annual expenditure upon
claims oi this class should have been performed subsequent to May lo, 1872,
and prior to January 1, 1875. From and after January 1, 1875, the required
amount must be expended annually until patent issues. By decision of the
honorable Secretary of the Interior, dated March 4, 1879, such annual expendi-
tures are not required subsequent to entry, the date of issuing the patent certifi-
cate being the date contemplated by statute.

6. Upon the failure of any one of several co-owners of a vein, lode, or ledge,
which has not been entered, to contribute his proportion of the expenditures
necessary to hold the claim or claims so held in ownership in common, the co-
owners, who have performed the labor or made the improvements as required
by said Revised Statutes, may, at the expiration of the year, give such delin-
quent co-owner personal notice in writing, or notice by publication in the news-
paper published nearest the claim for at least once a week for ninety days; and
if upon the expiration of ninety days after such notice in writing, or upon the
expiration of one hundred and eighty days after the first newspaper publication
of notice, the delinquent co-owner shall have failed to contribute his proportion
to meet such expenditures or improvements, his interest in the claim by law
passes to his co-owners who have made the expenditures or improvements as
aforesaid. Where a claimant alleges ownership of a forfeited interest under the
foregoing provision, the sworn statement of the publisher as to the facts of pub-
lication, giving dates and a printed copy of the notice published, should be fur-
nished, and the claimant must swear that the delinquent co-owner failed to
contribute his proper proportion within the period fixed by the statute.

PATENTS FOR VEINS OR LODES HERETOFORE ISSUED.

7. Rights under patents for veins or lodes heretofore granted under previous
legislation of Congress are enlarged by the Revised Statutes so as to invest the
patentee, his heirs or assigns, with title to all veins, lodes, or ledges throughout
their entire depth, the top or apex of which lies within the end and side bound-
ary lines of his claim on the surface, as patented, extended downward vertically^

lOO ALASKA.

although such veins, lodes, or ledges may so far depart from a perpendicular in
their course downward as to extend outside the vertical side-lines of the claim
at the surface. The right of possession to such outside parts of such veins or
ledges to be confined to such portions thereof as lie between vertical planes
drawn downward through the end lines of the claims at the surface, so con-
tinued in their own direction that such planes will intersect such exterior parts
of such veins or ledges; it being expressly provided, however, that all veins,
lodes, or ledges, the top or apex of which lies inside such surface locations,
other than the one named in the patent, which were adversely claimed on the
lOth May, 18^2, are excluded from such conveyance by patent.

8. Applications for patents for mining-claims pending at the date of the act
of May 10, 1872, may be prosecuted to final decision in the General Land
Office, and where no adverse rights are affected thereby, patents will be issued
in pursuance of the provisions of the Revised Statutes.

MANNER OF LOCATING CLAIMS ON VEINS OR LODES AFTER MAY 1 0, 1872.

9. From and after the loth May, 1872, any person who is a citizen of the
United States, or who has declared his intention to become a citizen, may locate,
record, and hold a mining claim of fifteen hundred linear feet along the course
of any mineral vein or lode subject to location; or an association of persons,
severally qualified as above, may make joint location of such claim oi ffteen
hundred feet, but in no event can a location of a vein or lode made subsequent
to May 10, 1872, exceed fifteen hundred feet along the course thereof, whatever
may be the number of persons composing the association.

10. With regard to the extent of surface-ground adjoining a vein or lode, and
claimed for the convenient working thereof, the Revised Statutes provide that
the lateral extent of locations of veins or lodes made after May 10, 1872, shall
in no case exceed three hundred feet on each side of the middle of the vein at
the surface, and that no such surface rights shall be limited by any mining regu-
lations to less than twenty-five feet on each side of the middle of the vein at
the surface, except where adverse rights existing on the 10th May, 1872, may
render such limitation necessary ; the end-lines of such claims to be in all cases
parallel to each other. Said lateral measurements cannot extend beyond three
hundred feet on either side of the middle of the vein at the surface, or such
distance as is allowed by local laws. For example: 400 feet cannot be taken on
one side and 200 feet on the other. If, however, 300 feet on each side are
allowed, and by reason of prior claims but 100 feet can be taken on one side, the
locator will not be restricted to less than 300 feet on the other side; and when
the locator does not determine by exploration zvhere the middle of the vein at
the surface is, his discovery shaft must be assumed to mark such point.

ALASKA. 101

11. Bv the foregoing it will be perceived that no lode-claim located after the
loth May, 1872, can exceed a parallelogram fifteen hundred feet in length by
six hundred feet in width, but whether surface-ground of that width can be taken,
depends upon the local regulations or State or Territorial laws in force in the
several mining districts; and that no such local regulations or State or Territo-
rial laws shall limit a vein or lode claim to less than fifteen hundred feet along
the course thereof, whether the location is made by one or more persons, nor
can surface rights be limited to less than fifty feet in width, unless adverse claims
existing on the 10th day of May, 1872, render such lateral limitation necessary.

12. It is provided by the Revised Statutes that the miners of each district
may make rules and regulations not in conflict with the laws of the United
States, or ot the State or Territory in which such districts are respectively sit-
uated, governing the location, manner of recording, and amount of work neces-
sary to hold possession of a claim. They likewise require that the location
shall be so distinctly marked on the ground that its boundaries may be readily
traced. This is a very important matter, and locators cannot exercise too much
care in defining their locations at the outset, inasmuch as the law requires that
all records of mining locations made subsequent to May 10, 1872, shall contain
the name or names of the locators, the date of the location, and such a descrip-
tion of the claim or claims located, by reference to some natural object or
permanent monument, as will identify the claim.

13. The statutes provide that no lode-claim shall be recorded until after the
discovery of a vein or lode within the limits of the claim located, the object of
which provision is evidently to prevent the appropriation of presumed mineral
ground for speculative purposes to the exclusion of bona fide prospectors, before
sufficient work has been done to determine whether a vein or lode really exists.

14. The claimant should, therefore, prior to locating his claim, unless the
vein'can be traced upon the surface, sink a shaft, or run a tunnel or drift, to a
sufficient depth therein to discover and develop a mineral-bearing vein, lode, or
crevice; should determine, if possible, the general course of such vein in either
direction from the point of discovery, by which direction he will be governed in
marking the boundaries of his claim on the surface. His location notice should
give the course and distance as nearly as practicable from the discovery-shaft on
the claim, to some permanent, well-known points or objects, such, for instance,
as stone monuments, blazed trees, the confluence of streams, point of intersec-
tion of well-known gulches, ravines, or roads, prominent buttes, hills, etc.,
which may be in the immediate vicinity, and which will serve to perpetuate and
fix the locus of the claim and render it susceptible of identification from the
description thereof given in the record of locations in the district, and should
be duly recorded.

102 ALASKA.

15. In addition to the foregoing data, the claimant should state the names of
adjoining claims, or, if none adjoin, the relative positions of the nearest claims;
should drive a post or erect a monument of stones at each corner of his surface-
ground, and at the point of discovery or discovery shaft should fix a post, stake,
or board, upon which should be designated the name of the lode, the name or
names of the locators, the number of feet claimed, and in which direction from
the point of discovery ; it being essential that the location notice filed for record,
in addition to the foregoing description should state whether the entire claim
of fifteen hundred feet is taken on one side of the point of discovery, or whether
it is partly upon one and partly upon the other side thereof, and in the latter
case, how many feet are claimed upon each side of such discovery-point.

16. Within a reasonable time, say twenty days after the location shall have
been marked on the ground, or such time as is allowed by the local laws, notice
thereof, accurately describing the claim in manner aforesaid, should be filed for
record with the proper recorder of the district, who will thereupon issue the
usual certificate of location.

17. In order to hold the possessory right to a location made since May 10,
1872, not less than one hundred dollars' worth of labor must be performed, or
improvements made thereon annually until entry shall have been made. Under
the provisions of the act of Congress approved January 22, 1880, the first
annual expenditure becomes due and must be performed during the calendar
year succeeding that in which the location was made. Expenditure made or
labor performed prior to the first day of January succeeding the date of loca-
tion will not be considered as a part of, or applied upon the first annual expend-
iture required by law. Failure to make the expenditure or perform the labor
required will subject the claim to relocation by any other party having the
necessary qualifications, unless the original locator, his heirs, assigns, or legal
representatives have resumed work thereon after such failure and before such
relocation.

18. The expenditures required upon mining-claims mav be made from the
surface or in running a tunnel for the development of such claims, the act of
February 1 1, 1875, providmg that where a person or company has, or may, run
a tunnel for the purpose of developing a lode or lodes owned by said person or
company, the money so expended in said tunnel shall be taken and considered
as expended on said lode or lodes, and such person or company shall not be
required to perform work on the surface of said lode or lodes in order to hold
the same. o

19. The importance of attending to these details in the matter of location,
labor, and expenditure will be the more readily perceived when it is understood
that a failure to give the subject proper attention may invalidate the claim.

ALASKA.

TUNNEL RIGHTS.

io3

20. Section 2323 provides that where a tunnel is run for the development of
a vein or lode, or for the discovery of mines, the owners of such tunnels shall
have the right of possession of all veins or lodes within three thousand feet from
the face of such tunnel on the line thereof, not oreviously known to exist, dis-
covered in such tunnel, to the same extent as if discovered from the surface;
and locations on the line of such tunnel or veins or lodes not appearing on the
surface, made by other parties after the commencement of the tunnel, and while
the same is being prosecuted with reasonable diligence, shall be invalid; but
failure to prosecute the work on the tunnel for six months shall be considered
as an abandonment ot the right to all undiscovered veins or lodes on the line of
said tunnel.

The effect of this is simply to give the proprietors of a mining tunnel run in
good faith the possessory right to fifteen hundred feet of any blind lodes cut, dis-
covered, or intersected by such tunnel, which were not previously known to
exist, within three thousand feet from the face or point of commencement of
such tunnel, and to prohibit other parties, after the commencement of the tun-
nel, from prospecting for and making locations of lodes on the line thereof and
within said distance of three thousand feet, unless such lodes appear upon the
surface or were previously known to exist.

22. The term "face," as used in said section, is construed and held to mean
the first working-face formed in the tunnel, and to signify the point at which the
tunnel actually enters cover; it being from this point that the three thousand
feet are to be counted, upon which prospecting is prohibited as aforesaid.

23. To avail themselves of the benefits of this provision 0/ law, the proprie-
tors of a mining tunnel will be required, at the time they enter cover as afore-
said, to give proper notice of their tunnel location by erecting a substantial
post, board, or monument at the face or point of commencement thereof, upon
which should be posted a good and sufficient notice, giving the names of the
parties or company claiming the tunnel-right; the actual or proposed course or
direction of the tunnel; the height and width thereof, and the course and dis-
tance from such face or point of commencement to some permanent well-known
objects in the vicinity by which to fix and determine the locus in manner here-
tofore set forth applicable to locations of veins or lodes, and at the time of
posting such notice they shall, in order that miners or prospectors may be
enabled to determine whether or not they are within the lines of the tunnel,
establish the boundary lines thereof, by stakes or monuments placed along such
lines at proper intervals, to the terminus of the three thousand feet from the
face or point of commencement of the tunnel, and the lines so marked will

104 ALASKA.

define and govern as to the specific boundaries within which prospecting tor
lodes not previously known to exist is prohibited while work on the tunnel is
being prosecuted with reasonable diligence.

24. At the time of posting notice and marking out the lines of the tunnel as
aforesaid, a full and correct copy of such notice of location defining the tunnel
claim must be filed tor record with the mining recorder of the district, to which
notice must be attached the sworn statement or declaration of the owners, claim-
ants, or projectors of such tunnel, setting forth the facts in the case; stating the
amount expended by themselves and their predecessors in interest in prosecuting
work thereon; the extent of the work performed, and that it is bona Jide their
intention to prosecute work on the tunnel so located and described with reason-
able diligence for the development of a vein or lode, or for the discovery of
mines, or both, as the case may be. This notice of location must be duly
recorded, and, with the said sworn statement attached, kept on the recorder's
files for future reference.

25. By a compliance with the foregoing much needless difiiculty will be
avoided, and the way for the adjustment of legal rights acquired in virtue of
said section 2323 will be made much more easy and certain.

26. This office will take particular care that no improper advantage is taken
of this provision of law by parties making or professing to make tunnel locations,
ostensibly for the purposes named in the statute, but really for the purpose of
monopolizing the lands lying in front of their tunnels to the detriment of the
mining interests and to the exclusion of bona fide prospectors or miners, but
will hold such tunnel claimants to a strict compliance with the terms of the
statutes; and a reasonable diligence on their part in prosecuting the work is
one of the essential conditions of their implied contract. Negligence or want
of due diligence will be construed as working a forfeiture of their right to all
undiscovered veins on the line of such tunnel.

MANNER OF PROCEEDING TO OBTAIN GOVERNMENT TITLE TO VEIN OR LODE CLAIMS.

27. By section 2325 authority is given for granting titles for mines by patent
from the Government to any person, association, or corporation having the
necessary qualifications as to citizenship and holding the right of possession to a
claim in compliance with law.

28. The claimant is required in the first place to have a correct survey of
his claim made under authority of the surveyor-general of the State or Terri-
tory in which the claim lies; such survey to show with accuracy the exterior
surface boundaries of the claim, which boundaries are required to be distinctly
marked by monuments on the ground. Four plats and one copy of the original
field notes, in each case, will be prepared by the surveyor-general; one plat and

ALASKA. 105

the original field notes to be retained in the office of the surveyor-general, one
copy of the plat to be given the claimant tor posting upon the claim, one plat
and a copy of the field notes to be given the claimant for filing with the proper
register, to be finally transmitted by that officer, with other papers in the case,
to this office, and one plat to be sent by the surveyor-general to the register of
the proper land district to be retained on his files for future reference. As there
is no resident surveyor-general for the State of Arkansas, applications for the
survey of mineral claims in said State should be made to the Commissioner of
this office, who, under the law, is ex officio the U. S. surveyor-general.

29. The claimant is then required to post a copy of the plat of such survey
in a conspicuous place upon the claim, together with notice of his intention to
apply for a patent therefor, which notice will give the date of posting, the name
of the claimant, the name of the claim, mine, or lode; the mining district and
county; whether the location is of record, and, if so, where the record may be
found ; the number of feet claimed along the vein and the presumed direction
thereof; the number of feet claimed on the lode in each direction from the point
of discovery, or other well-defined place on the claim ; the name or names of
adjoining claimants on the same or other lodes ; or, if none adjoin, the names
of the nearest claims, d'c.

30. After posting the said plat and notice upon the premises, the claimant
will file with the proper register and receiver a copy of such plat and the field
notes of survey of the claim, accompanied by the affidavit of at least two cred-
ible witnesses, that such plat and notice are posted conspicuously upon the claim,
giving the date and place of such posting; a copy of the notice so posted to be
attached to, and form a part of, said affidavit.

31. Accompanying the field notes so filed must be the sworn statement of the
claimant that he has the possessory right to the premises therein described, in
virtue of a compliance by himself (and by his grantors, if he claims by purchase)
with the mining rules, regulations, and customs of the mining-district, State, or
Territory in which the claim lies, and with the mining laws of Congress; such
sworn statement to narrate briefly, but as clearly as possible, the facts consti-
tuting such compliance, the origin of his possession, and the basis of his claim
to a patent.

32. This affidavit should be supported by appropriate evidence from the
mining recorder's office as to his possessory right, as follows, viz: Where he
claims to be the locator, or a locator in company with others who have since
conveyed their interest in the location to him, a full, true, and correct copy of
such location should be furnished, as the same appears upon the mining records ;
such copy to be attested by the seal of the recorder, or if he has no seal, then
he should make oath to the same being correct, as shown by his records. Where

lo6 ALASKA.

the applicant claims only as a purchaser tor valuable consideration, a copy ot
the location record must be filed under seal or upon oath as aforesaid, with an
abstract of title from the proper recorder, under seal or oath as aforesaid, brought
down as near as practicable to date of filing the application, tracing the right of
possession by a continuous chain of conveyances from the original locators to
the applicant, also certifying that no conveyances affecting the title to the claim
in question appear of record in his office other than those set forth in the accom-
panying abstract.

33. In the event of the mining records in any case having been destroyed by
fire or otherwise lost, affidavit of the fact should be made, and secondary evi-
dence of possessory title will be received, which may consist of the affidavit of
the claimant, supported by those of any other parties cognizant of the facts rela-
tive to his location, occupancy, possession, improvements, &c. ; and in such case
of lost records, any deeds, certificates of location or purchase, or other evidence
which mav be in the claimant's possession and tend to establish his claim, should
be filed.

34. Upon the receipt of these papers the register will, at the expense of the
claimant (who must furnish the agreement of the publisher to hold applicant for
patent alone responsible for charges of publication), publish a notice of such
application for the period of sixty days in a newspaper published nearest to the
claim, and will post a copy of such notice in his office for the same period.
When the notice is published in a zveekly newspaper ten consecutive insertions
are necessary ; when in a daily newspaper the notice must appear in each issue
for sixty-one consecutive issues, the first day of issue being excluded in estimating
the period of sixty days.

35. The notices so published and posted must be as full and complete as pos-
sible, and embrace all the data given in the notice posted upon the claim.

36. Too much care can not be exercised in the preparation of these notices,
inasmuch as upon their accuracy and completeness will depend, in a great
measure, the regularity and validity of the whole proceeding.

37. In the publication of final-proof notices the register has no discretion
under the law to designate any other than the newspaper "nearest the land"
for such purpose when such paper is a newspaper of general circulation. But
he will in all cases designate the newspaper of general circulation that is pub-
lished nearest the land, geographically measured. When two or more papers
are published in the same town, nearest the land, he may select the one which,
in his honest and impartial judgment as a public officer, will best subserve the
purpose of the law and the general interests of the public.

38. Newspaper charges must not exceed the rates established by this office for
the publication of legal notices.

ALASKA. 107

39. The claimant, either at the time of filing these papers with the register
or at any time during the sixty days' publication, is required to file a certificate
of the surveyor-general that not less than five hundred dollars' worth of labor
has been expended or improvements made upon the claim by the applicant or
his grantors; that the plat filed by the claimant is correct; that the field-notes
of the survey, as filed, furnish such an accurate description of the claim as will,
if incorporated into a patent, serve to fully identify the premises, and that such
reference is made therein to natural objects or permanent monuments as will
perpetuate and fix the locus thereof.

40. It will be the more convenient way to have this certificate indorsed by
the surveyor-general, both upon the plat and field-notes ot survey filed by the
claimant as aforesaid.

41. After the sixty days' period of newspaper publication has expired the
claimant will furnish from the office of publication a sworn statement that the
notice was published for the statutory period, giving the first and last day of
such publication, and his own affidavit showing that the plat and notice afore-
said remained conspicuously posted upon the claim sought to be patented dur-
ing said sixty days' publication, giving the dates.

42. Upon the filing of this affidavit the register will, if no adverse claim was
filed in his office during the period of publication, permit the claimant to pay
for the land according to the area given in the plat and field notes ot survey
aforesaid, at the rate of five dollars for each acre and five dollars for each frac-
tional part of an acre, the receiver issuing the usual duplicate receipt therefor.
The claimant will also make a sworn statement of all charges and tees paid by
him for publication and surveys, together with all fees and money paid the
register and receiver of the land office; after which the whole matter will be
forwarded to the Commissioner of the General Land Office and a patent issued
thereon if found regular.

43. In sending up the papers in the case the register must not omit certifying
to the fact that the notice was posted in his office for the full period ot sixty
days, such certificate to state distinctly when such posting was done and how
long continued.

44. The consecutive series of numbers of mineral entries must be continued,
whether the same are of lode or placer claims or mill sites.

45. The surveyors-general should designate all surveyed mineral claims by a
progressive series of numbers, beginning with survey No. 37, irrespective as to
whether they are situated on surveyed or unsurveyed lands, the claim to be so
designated at date of issuing the order therefor, in addition to the local designa-
tion of the claim; it being required in all cases that the plat and field-notes of
the survey of a claim must, in addition to the reference to permanent objects in

lo8 ALASKA.

the neighborhood, describe the locus of the claim, with reference to the lines of
public surveys, by a line connecting a corner of the claim with the nearest public
corner of the United States suryeys, unless such claim be on unsuryeyed lands
at a distance of more than two miles from such public corner, in which latter case
it should be connected with a United States mineral monument. Such connect-
ing line must not be more than two miles in length and should be measured on
the ground direct between the points, or calculated from actually surveyed
traverse lines if the nature of the country should not permit direct measure-
ment. If a regularly established survey corner is within two miles of a claim
situated on unsurveyed lands, the connection should be made with such corner
in preference to a connection with a United States mineral monument. The
connecting line must be surveyed by the deputy mineral surveyor at the time of
his making the particular survey, and be made a part thereof.

46. Upon the approval of the survey of a mining claim made upon surveyed
lands, the surveyor-general will prepare and transmit to the local land office and
to this office a diagram tracing showing the portions of legal 40-acre subdivis-
ions made fractional by reason of the mineral survey, designating each of such
portions by the proper lot number, beginning with No. T in each section and
giving the area of each lot.

47. The survey and plat of mineral claims, required by section 2325, Revised
Statutes of the United States, to be filed in the proper land office, with appli-
cation for patent, must be made subsequent to the recording of the location of
the mine; and when the original location is made by survey of a United States
deputy surveyor such location survey can not be substituted for that required
by the statute, as above indicated.

48. The surveyor-general should derive his information upon which to base
his certificate as to the value of labor expended or improvements made from his
deputy who makes the actual survey and examination upon the premises, and
such deputy should specify with particularity and full detail the character and
extent of such improvements.

49. The following particulars should be observed in the survey of every
mining claim :

(1) The exterior boundaries of the claim should be represented on the plat
of survey and in the field notes.

(2) The intersection of the lines of the survey with the lines of conflicting
prior surveys should be noted in the field-notes and represented upon the
plat.

(3) Conflicts with unsurveyed claims, where the applicant for survey does not
claim the area in conflict, should be shown by actual survey.

(4) The total area of the claim embraced by the exterior boundaries should

ALASKA. 109

be Stated, and also the area in conflict with each intersecting survey, substantially

as follows :

Acres.

Total area of claim 10. 50

Area in conflict with survey No. 302 i. 56

Area in conflict with survey No. 948 2. 33

Area in conflict with Mountain Maid lode mining claim, unsurveyed i. 48

It does not follow that because mining surveys are required to exhibit all
conflicts with prior surveys the areas of conflict are to be excluded. The field-
notes and plat are made a part of the application for patent, and care should
be taken that the description does not inadvertently exclude portions intended
to be retained. It is better that the application for patent should state the
portions to be excluded in express terms. A survey executed as in the example
given will enable the applicant for patent to exclude such conflicts as may seem
desirable. For instance, the conflict with survey No. 302 and with the Moun-
tain Maid lode claim might be excluded and that with survey No. 948 included.

50. The rights granted to locators under section 2322, Revised Statutes, are
restricted to such locations on veins, lodes, or ledges as may be "situated on
the public domain.'^ In applications for lode claims where the survey conflicts
with a prior valid lode claim or entry and the ground in conflict is excluded,
the applicant not only has no right to the excluded ground, but he has no right
to that portion of any vein or lode the top or apex of which lies within such
excluded ground, unless his location was prior to May 10, 1872. His right to
the lode claimed terminates where the lode, in its onward course or strike,
intersects the exterior boundary of such excluded ground and passes within it.

51. The end line of his survey should not, therefore, be established beyond
such intersection, unless it should be necessary so to do for the purpose of includ-
ing ground held and claimed under a location which was made upon public land
and valid at the time it was made. To include such ground (which may possi-
bly embrace other lodes) the end line of the survey may be established within
the conflicting survey, but the line must be so run as not to extend any farther
into the conflicting survey than may be necessary to make such end line parallel
to the other end line and at the same time embrace the ground so held and
claimed. The useless practice in such cases of extending both the side lines of
a survey into the conflicting survey and establishing an end line wholly within it,
beyond a point necessary under the rule just stated, will be discontinued.

PLACER CLAIMS.

52. The proceedings to obtain patents for claims usually called placers,
including all forms of deposit, excepting veins of quartz or other rock in place,
are similar to the proceedings prescribed for obtaining patents for vein or lode

1 lO ALASKA.

claims; but where said placer claim shall be upon surveyed lands, and conforms
to legal subdivisions, no further survey or plat will be required, and all placer
mining claims located after May lo, 1872, shall conform as nearly as practicable
with the United States system of public-land surveys and the rectangular subdi-
visions of such surveys, and no such location shall include more than twentv
acres for each individual claimant ; but where placer claims can not be conformed
to legal subdivisions, survey and plat shall be made as on unsurveyed lands.
But where such claims are located previous to the public surveys, and do not
conform to legal subdivisions, survey, plat, and entry thereof may be made
according to the boundaries thereof, provided the location is in all respects legal.

53. The proceedings for obtaining patents for veins or lodes having already
been fully given, it will not be necessary to repeat them here, it being thought
that careful attention thereto by applicants and the local officers will enable them
to act understandingly in the matter and make such slight inodifications in the
notice, or otherwise, as may be necessary in view of the different nature of the
two classes of claims, placer claims being fixed, however, at two dollars and
fifty cents per acre, or fractional part of an acre.

54. By section 2330, authority is given for the subdivision of forty-acre legal
subdivisions into ten-aci'e lots, which is intended for the greater convenience of
miners in segregating their claims both from one another and from intervening
agricultural lands.

55. It is held, therefore, that under a proper construction of the law these
ten-acre lots in mining districts should be considered and dealt with, to all
intents and purposes, as legal subdivisions, and that an applicant having a legal
claim which conforms to one or more of these ten-acre lots, either adjoining or
cornering, may make entry thereof, after the usual proceedings, without further
survey or plat.

56. In cases of this kind, however, the notice given of the application must
be very specific and accurate in description, and as the forty-acre tracts may be
subdivided into ten-acre lots, either in the form of squares often by ten chains,
or if parallelograms five by twenty chains, so long as the lines are parallel and
at right angles with the lines of the public surveys, it will be necessary that the
notice and application state specifically what ten-acre lots are sought to be pat-
ented, in addition to the other data required in the notice.

57. Where the ten-acre subdivision is in the form of a square it may be
described, for instance, as the " SE. % of the SW. % of NW. %" or, if in the
form of a parallelogram as aforesaid, it may be described as the " W. % of the
W. % of the SW. % of the NW. % (or the N. % of the S. % of the NE. % of
the SE. X) of section , township range ," as the case may

ALASKA. 1 1 1

be; but, in addition to this description ot the land, the notice must give all
the other data that is required in a mineral application, by which parties may
be put on inquiry as to the premises sought to be patented. The proofs sub-
mitted with applications for claims of this kind must show clearly the character
and the extent ot the improvements upon the premises.

Inasmuch as the surveyor-general has no duty to perform in connection with
the entry of a placer claim of legal subdivisions, the proof of improvements
must show their value to be not less than five hundred dollars and that they
were made by the applicant for patent or his grantors. The annual expendi-
ture to the amount of $100, required by section 2324, Revised Statutes, must
be made upon placer claims as well as lode claims.

58. Applicants for patent to a placer claim, who are also in possession of a
known vein or lode included therein, must state in their application that the
placer includes such vein or lode. The published and posted notices must also
include such statement. If veins or lodes lying within a placer location are
owned bv other parties, the fact should be distinctly stated in the application
for patent, and in all the notices. But in all cases whether the lode is claimed
or excluded, it must be surveyed and marked upon the plat; the field notes and
plat giving the area of the lode claim or claims and the area of the placer sepa-
rately. It should be remembered that an application which omits to include an
application for a known vein or lode therein, must be construed as a conclusive
declaration that the applicant has no right of possession to the vein or lode.
Where there is no known lode or vein, the fact must appear bv the affidavit of
two or more witnesses.

59. By section 2330, it is declared that no location of a placer claim, made
after July 9, 1870, shall exceed one hundred and sixty acres for any one person
or association of persons, which location shall conform to the United States
surveys.

60. Section 2331 provides that all placer-mining claims located after May 10,
1872, shall conform as nearly as practicable with the United States systems of
public surveys and the subdivisions of such surveys, and no such locations shall
include more than twenty acres for each individual claimant.

61. The foregoing provisions of law are construed to mean that after the 9th
day of July, 1870, no location of a placer claim can be made to exceed one
hundred and sixty acres, whatever may be the number of locators associated
together, or whatever the local regulations of the district may allow ; and that
from and after May 10, 1872, no location made by an individual can exceed
twenty acres, and no location made by an association of individuals can exceed
one hundred and sixty acres, which location of one hundred and sixty acres can

112 ALASKA.

not be made by a less number than eight homi jide locators ; and no local laws
or mining regulations can restrict a placer location to less than twenty acres,
although the locator is not compelled to take so much.

62. The regulations hereinbefore given as to the manner of marking locations
on the ground, and placing the same on record, must be observed in the case ot
placer locations so far as the same are applicable, the law requiring, however,
that where placer claims are upon surveyed public lands the locations must
hereafter be made to conform to legal subdivisions thereof as near as practicable.

63. The first care in recognizing an application for patent upon a placer claim
must be exercised in determining the exact classification of the lands. To this
end the clearest evidence of which the case is capable should be presented.

(1) If the claim be all placer ground, that fact must be stated in the applica-
tion and corroborated by accompanying proofs; if of mixed placers and lodes, it
should be so set out, with a description of all known lodes situated within the
boundaries of the claim. A specific declaration, such as is required by section
2333, Revised Statutes, must be furnished as to each lode intended to be claimed.
All other known lodes are, by the silence of the applicant, excluded by law from
all claim by him, of whatsoever nature, possessory or otherwise.

(2) Section 2395, Revised Statutes (subdivision 7), requires the surveyor to
"note in his field books the true situation of all mines, salt licks, salt springs,
and mill seats which come to his knowledge;" also "all water-courses over
which the lines he runs may pass." It further requires him to "note the qual-
ity of the lands." These descriptive notes are required by subdivion 8 to be
incorporated in the plat by the surveyor-general.

(3) If these duties have been performed, the public surveys will furnish a
reasonable guide to the district officers and to claimants in prosecuting their
applications. But experience has shown that great neglect has resulted from
inattention to the law in this respect, and the regular plats are of very little
value in the matter. It will, therefore, be required in the future that deputy
surveyors shall, at the expense of the parties, make full examination of all placer
claims surveyed by them, and duly note the facts as specified in the law, stating
the quality and composition of the soil, the kind and amount of timber and
other vegetation, the locus and size of streams, and such other matters as may
appear upon the surface of the claim. This examination should include the
character and extent of all surface and underground workings, whether placer or
lode, for mining purposes.

(4) In addition to these data, which the law requires to be shown in all cases,
the deputv should report with reference to the proximity of centers of trade or
residence; also of well-known systems of lode deposit or of individual lodes.

ALASKA.

J 13

He should also report as to the use or adaptability of the claim for placer min-
ing; whether water has been brought upon it in sufficient quantity to mine the
same, or whether it can be procured for that purpose; and, finally, what works
or expenditures have been made by the claimant or his grantors for the develop-
ment of the claim, and their situation and location with respect to the same as
applied for.

(5) This examination should be reported by the deputy under oath to the
surveyor-general, and duly corroborated ; and a copy of the same should be
furnished with the application for patent to the claim, constituting a part
thereof, and included in the oath ot the applicant.

(6) Applications awaiting entry, whether published or not, must be made to
conform to these regulations, with respect to examination as to the character
of the land. Entries already made will be suspended for such additional proofs
as may be deemed necessary in each case.

MILL-SITES.

64. Section 2337 provides that "where nonmineral land not contiguous to
the vein or lode is used or occupied by the proprietor of such vein or lode for
mining or milling purposes, such nonadjacent surface ground may be embraced
and included in an application for a patent for such vein or lode, and the same
may be patented therewith, subject to the same preliminary requirements as to
survey and notice as are applicable to veins or lodes; but no location hereafter
made ot such nonadjacent land shall exceed five acres, and payment for the
same must be made at the same rate as fixed by this chapter for the superficies
of the lode. The owner of a quartz-mill or reduction-works, not owning a
mine in connection therewith, may also receive a patent for his mill-site, as pro-
vided in this section."

65. To avail themselves of this provision of law, parties holding the possessory
right to a vein or lode, and to a piece of nonmineral land not contiguous thereto,
for mining or milling purposes, not exceeding the quantity allowed for such pur-
pose by section 2337, United States Revised Statutes, or prior laws, under
which the land was appropriated, the proprietors of such vein or lode may file
in the proper land-office their application for a patent, under oath, in manner
already set forth herein, which application, together with the plat and field-notes,
may include, embrace, and describe, in addition to the vein or lode, such non-
contiguous mill-site, and after due proceedings as to notice, etc., a patent will
be issued conveying the same as one claim.

66. In making the survey in a case of this kind, the lode claim should be
described in the plat and field-notes as " Sur. No. 37, A," and the mill-site as

Xo. bO 8

114 ALASKA.

"Sur. No. 37, B," or whatever may be its appropriate numerical designation;
the course and distance from a corner of the mill-site to a corner of the lode
claim to be invariably given in such plat and field-notes, and a copy of the plat
and notice of application for patent must be conspicuously posted upon the mill-
site as well as upon the vein or lode for the statutory period of sixty days. In
making the entry no separate receipt or certificate need be issued tor the mill-
site, but the whole area of both lode and mill-site will be embraced in one entry,
the price being five dollars for each acre and fractional part of an acre embraced
by such lode and mill-site claim.

67. In case the owner of a quartz mill or reduction-works is not the owner
or claimant of a vein or lode, the law permits him to make application therefor
in the same manner prescribed herein for mining claims, and after due notice and
proceedings, in the absence of a valid adverse filing, to enter and receive a patent
for his mill-site at said price per acre.

68. In every case there must be satisfactory proof that the land claimed as
a mill-site is not mineral in character, which proof may, where the matter is
unquestioned, consist of the sworn statement of two or more persons capable
from acquaintance with the land to testify understandingly.

POSSESSORY RIGHT.

69. With regard to the proofs necessary to establish the possessory rights to
a mining claim, section 2332 provides that "where such person or association,
they and their grantors, have held and worked their claims for a period equal to
the time prescribed by the statute of limitations for mining claims of the State
or Territory where the same may be situated, evidence of such possession and
working of the claims for such period shall be sufficient to establish a right to a
patent thereto under this chapter, in the absence of any adverse claim."

70. This provision of law will greatly lessen the burden of proof, more
especially in the case of old claims located many years since, the records of
which, in many cases, have been destroyed by fire, or lost in other ways during
the lapse of time, but concerning the possessory right to which all controversy
or litigation has long been settled.

71. When an applicant desires to make his proof of possessory right in accord-
ance with this provision of law, he will not be required to produce evidence of
location, copies of conveyances, or abstracts of title, as in other cases, but will
be required to furnish a duly certified copy of the statute of limitation of mining
claims for the State or Territory, together with his sworn statement giving a
clear and succinct narration of the facts as to the origin of his title, and likewise
as to the continuation of his possession of the mining ground covered by his
application ; the area thereof; the nature and extent of the mining that has been

ALASKA. 1 15

done thereon ; whether there has been any opposition to his possession, or liti-
gation with regard to his claim, and, if so, when the same ceased; whether such
cessation was caused by compromise or by judicial decree, and any additional
facts within the claimant's knowledge having a direct bearing upon his posses-
sion and bona fides which he may desire to submit in support ot his claim.

72. There should likewise be filed a certificate, under seal of the court having
jurisdiction of mining cases within the judicial district embracing the claim, that
no suit or action of any character whatever involving the right of possession to
any portion of the claim applied for is pending, and that there has been no liti-
gation before said court affecting the title to said claim or any part thereof for a
period equal to the time fixed by the statute of limitations for mining-claims
in the State or Territory as aforesaid, other than that which has been finally
decided in favor of the claimant.

73. The claimant should support his narrative of facts relative to his posses-
sion, occupancy, and improvements by corroborative testimony of any disinter-
ested person or persons of credibility who may be cognizant of the facts in the
case and are capable of testifying understandingly in the premises.

74. As a condition for the making of application for patent according to
section 2325, there must be a preliminary showing of work or expenditure upon
each location, either by showing the full amount sufficient to the maintenance of
possession under section 2324 for the pending year; or, if there has been failure,
it should be shown that work has been resumed so as to prevent relocation by
adverse parties after abandonment.

The "pending year" means the calendar year in which application is made,
and has no reference to a showing of work at date of the final entry.

75. This preliminary showing mav, where the matter is unquestioned, consist
of the affidavit of two or more witnesses familiar with the facts.

PROOF OK CITIZENSHIP OF MINING CLAIMANTS.

76. The proof necessary to establish the citizenship of applicants for mining
patents must be made in the following manner : In case of an incorporated com-
pany, a certified copy of their charter or certificate of incorporation must be
filed. In case of an association of persons unincorporated, the affidavit of their
duly authorized agent, made upon his own knowledge or upon information and
belief, setting forth the residence of each person forming such association, must
be submitted. This affidavit must be accompanied by a power of attornev from
the parties forming such association, authorizing the person who makes the
affidavit of citizenship to act for them in the matter of their application for
patent.

77. In case of an individual or an association of individuals who do not

I 16 ALASKA.

appear bv their diilv authorized agent, you will require the affidavit of each
applicant, showing whether he is a native or naturalized citizen, when and
where born, and his residence.

78. In case an applicant has declared his intention to become a citizen or has
been naturalized, his affidavit must show the date, place, and the court before
which he declared his intention, or from which his certificate of citizenship
issued, and present residence.

79. The affidavit of the claimant as to his citizenship may be taken before
the register or receiver, or any other officer authorized to administer oaths
within the land district; or, if the claimant is residing beyond the limits of the
district, the affidavit may be taken before the clerk o^ any court of record or
before any notarv public of any State or Territory.

80. If citizenship is established by the testimony of disinterested persons,
such testimony may be taken at any place before any person authorized to
administer oaths, and whose official character is duly verified.

ADVERSE CLAIMS.

81. Section 2326, and the act of April 26, 1882, provide for adverse claims,
fix the time within which they shall be filed to have legal effisct, and prescribe
the manner of their adjustment, etc.

82. An adverse mining claim must be filed with the register and receiver 01
the Land Office where the application for patent was filed, or with the register
and receiver of the district in which the land is situated at the time of filing the
adverse claim. It must be on the oath of the adverse claimant, or it may be
verified by the oath of anv duly authorized agent or attorney-in-fact of the
adverse claimant, cognizant of the facts stated.

83. Where an agent or attorney-in-fact verifies the adverse claim, he must
distinctly swear that he is such agent or attorney, and accompany his affidavit
by proof thereof.

84. The agent or attorney-in-fact must make the affidavit in verification of
the adverse claim within the land district where the claim is situated.

85. The adverse notice must fully set forth the nature and extent of the
interference or conflict; whether the adverse 'party claims as a purchaser for
valuable consideration or as a locator; if the former, a certified copy of the
original location, the original conveyance, a duly certified copy thereof, or an
abstract of title from the office of the proper recorder should be furnished, or if
the transaction was a merely verbal one he will narrate the circumstances
attending the purchase, the date thereof, and the amount paid, which facts
should be supported by the affidavit of one or more witnesses, if any were

ALASKA. 1 17

present at the time, and it he claims as a locator he must file a duly certified
copy of the location from the office of the proper recorder.

86. In order that the "boundaries'' and "extent" of the claim may be
shown, it will be incumbent upon the adverse claimant to file a plat showing his
entire claim, its relative situation or position with the one against which he
claims, and the extent of the conflict. This plat must be made from an actual
survev by a United States deputy surveyor, who will officiallv certifv thereon to
its correctness; and in addition there must be attached to such plat of survey a
certificate or sworn statement by the surveyor as to the approximate value of
the labor performed or improvements made upon the claim by the adverse party
or his predecessors in interest, and the plat must indicate the position of anv
shafts, tunnels, or other improvements, if any such exist, upon the claim of the
party opposing the application, and by which party said improvements were
made : Provided, however. That, if the application for patent describes the claim
by legal subdivisions, the adverse claimant, if also claiming by legal subdivisions,
mav describe his adverse claim in the same manner without further survey or plat.

87. Upon the foregoing being filed within the sixtv days as aforesaid, the
register, or in his absence the receiver, will give notice in writing to both parties
to the contest that such adverse claim has been filed, informing them that the
party who filed the adverse claim will be required within thirty days from the
date of such filing to commence proceedings in a court of competent jurisdiction
to determine the question of right of possession, and to prosecute the same with
reasonable diligence to final judgment, and that, should such adverse claimant
fail to do so, his adverse claim will be considered waived, and the application
for patent be allowed to proceed upon its merits.

88. When an adverse claim is filed as aforesaid, the register or receiver will
indorse upon the same the precise date of filing, and preserve a record of the
date of notifications issued thereon ; and thereafter all procedings on the appli-
cation for patent will be suspended, with the exception of the completion of the
publication and posting of notices and plat, and the filing of the necessarv proof
thereof, until the controversy shall have been adjudicated in court, or the adverse
claim waived or withdrawn.

89. Where an adverse claim has been filed and suit thereon commenced within
the statutory period, and final judgment determining the right of possession
rendered in favor of the applicant, it will not be sufficient for him to file with
the register a certificate of the clerk of the court, setting forth the facts as to
such judgment, but he must, before he is allowed to make entry, file a certified
copy of the judgment, together with the other evidence required bv section
2326, Revised Statutes.

1 l8 ALASKA.

90. Where such suit has been dismissed, a certificate of the clerk of the court
to that effect, or a certified copy of the order of dismissal, will be sufficient.

91. In no case will a relinquishment of the ground in controversy, or other
proof, filed with the register or receiver, be accepted in lieu of the evidence
required.

92. Where an adverse claim has been filed, but no suit commenced against
the applicant for patent within the statutory period, a certificate to that effect
by the clerk of the State court having jurisdiction in the case, and also by tiie
clerk of the circuit court of the United States for the district in which the claim
is situated, will be required.

93. A party who is not an applicant for patent under section 2325, Revised
Statutes, or the assignee of such applicant, is not entitled to make entry under
said section, and in no case will the name of such party be inserted in the cer-
tificate of entry. This regulation has no reference to proceedings under section
2326.

94. Any party applying to make entry as trustee must disclose fully the nature
of the trust and the name of the cestui que trust; and such trustee, as well as
the beneficiaries, must furnish satisfactory proof of citizenship ; and the names
of beneficiaries, as well as that of the trustee, must be inserted in the final cer-
tificate of entry.

95. No entry will be allowed until the register has satisfied himselt, by a care-
ful examination, that proper proofs have been filed upon all the points indicated
in official regulations in force, and that they show a sufficient bona //de compli-
ance with the laws and such regulations.

96. The administration of the mining laws as prescribed by these regulations
will be, so tar as applicable, adopted for, and extended to Alaska.

(1) The ex-ojficw register, receiver, and surveyor-general, while acting as
such, and their clerks and deputy surveyors, will be deemed subject to the laws
and regulations governing the official conduct and responsibilities of similar
officers and persons under general statutes of the United States.

(2) The Commissioner of the General Land Office will exercise the same gen-
eral supervision over the execution of the laws as are or mav be exercised by
him in other mineral districts.

APPOINTMENT OF DEPUTY SURVEYORS OF MINING CLAIMS CHARGES FOR SURVEYS

AND PUBLICATIONS FEES OF REGISTERS AND RECEIVERS, ETC.

97. Section 2334 provides for the appointment of surveyors of mineral
claims, authorizes the Commissioners of the General Land Office to establish
the rates to be charged for surveys and for newspaper publications.

ALASKA. 119

Under this autherity of law the following rates have been established as the
maximum charges for newspaper publications in mining cases:

(i) Where a daily newspaper is designated, the charge shall not exceed seven
dollars for each ten lines of space occupied, and where a weekly newspaper is
designated as the medium of publication five dollars for the same space will be
allowed. Such charge shall be accepted as full payment for publication in each
issue of the newspaper for the entire period required by law.

It is expected that these notices shall not be so abbreviated as to curtail the
description essential to a perfect notice, and the said rates established upon the
understanding that they are to be in the usual body-type used for advertisements.

(2) For the publication of citations in contests or hearings involving the
character of lands, the charges shall not exceed eight dollars for five publications
in weekly newspapers, or ten dollars for publications in daily newspapers for
thirty days.

98. The surveyors-general of the several districts will, in pursuance of said
law, appoint in each land district as many competent deputies for the survey of
mining claims as may seek such appointment ; it being distinctly understood that
all expenses of these notices and surveys are to be borne by the mining claim-
ants and not by the United States; the system of making deposits for mineral
surveys, as required by previous instructions, being hereby revoked as regards
field zvork; the claimant having the option of employing any deputy surveyor
within such district to do his work in the field.

99. With regard to the platting of the claim and other office work in the
surveyor-general's office, that officer will make an estimate of the cost thereof,
which amount the claimant will deposit with any assistant United States treas-
urer or designated depository in favor of the United States Treasurer, to be
passed to the credit of the fund created by "individual depositors for surveys
of the public lands," and file with the surveyor-general duplicate certificates of
such deposit in the usual manner.

100. The surveyors-general will endeavor to appoint mineral deputy survey-
ors, so that one or more may be located in each mining district for the greater
convenience of miners.

101. The usual oaths will be required of these deputies and their assistants
as to the correctness of each survey executed by them.

The duty of the deputy mineral surveyor ceases when he has executed the
survey and returned the field notes and preliminary plat thereof with his report
to the surveyor-general. He will not be allowed to prepare for the mining
claimant the papers in support of an application for patent, or otherwise perform
the duties of an attorney before the land office in connection with a mining claim.

120 ALASKA.

The surveyors-general and local land oiiicers are expected to report any
infringement of this regulation to this office.

102. The law requires that each applicant shall file with the register and
receiver a sworn statement of all charges and fees paid by him for publication of
notice and for survey, together with all fees and money paid the register and
receiver, which sworn statement is required to be transmitted to this office for
the information of the Commissioner.

103. Should it appear that excessive or exorbitant charges have been made
by any surveyor or any publisher, prompt action will be taken with the view of
correcting the abuse.

104. The fees payable to the register and receiver for filing and acting upon
applications for mineral-land patents are five dollars to each officer, to be paid
by the applicant for patent at the time of filing, and the like sum of five dollars
is payable to each officer bv an adverse claimant at the time of filing his adverse
claim. (Sec. 2238, R. S., paragraph 9.)

105. All fees or charges under this law may be paid in United States cur-
rency.

106. The register and receiver will, at the close of each month, forward to
this office an abstract of mining applications filed, and a register of receipts,
accompanied with an abstract of mineral lands sold, and an abstract ot adverse
claims filed.

107. The fees and purchase money received by registers and receivers must
be placed to the credit of the United States in the receiver's monthly and quar-
terly account, charging up in the disbursing account the sums to which the reg-
ister and receiver may be respectively entitled as fees and commissions, with
limitations in regard to the legal maximum.

PROCEEDINGS BEFORE THE REGISTER AND RECEIVER AND SUB VEYORS-GENERAL IN
CONTESTS AND HEARINGS TO ESTABLISH THE CHARACTER OF LANDS.

108. The "Rules of Practice in cases before the United States district land
offices, the General Land Office, and the Department of the Interior," approved
August 13, 1885, will, as far as applicable, govern in all cases and proceedings
arising in contests, and hearings to determine the mineral or nonmineral character
of lands.

109. The only tracts of public land that will be withheld from entry as agri-
cultural land on account of its mineral character, will be such as are returned
by the surveyor-general as mineral; and even the presumption which is sup-
ported by such return may be overcome by testimony taken at a regular hearing.

1 10. Hearings to determine the character of land, as practically distinguished,
are of two kinds :

ALASKA. 121

(i) Where lands which are sought to be entered and patented as agricultural
are alleged by affidavit to be mineral, or when sought as mineral their nonmineral
character is alleged.

The proceedings relative to this class are in the nature of a contest between
two or more known parties.

(2) When lands are returned as mineral by the surveyor-general.

When such lands are sought to be entered as agricultural, notice must be given
by publication for thirty days, with posting in the local office for the same period.

111. At the hearings under either of the aforesaid classes, the claimants and
witnesses will be thoroughly examined with regard to the character of the land;
whether the same has been thoroughly prospected; whether or not there exists
within the tract or tracts claimed any lode or vein of quartz or other rock in
place, bearing gold, silver, cinnabar, lead, tin, or copper, or other valuable
deposit which has ever been claimed, located, recorded, or worked; whether
such work is entirely abandoned, or whether occasionally resumed; if such lode
does exist, by whom claimed, under what designation, and in which subdivision
of the land it lies; whether any placer mine or mines exist upon the land; if
so, what is the character thereof — whether of the shallow-surface description,
or ot the deep cement, blue lead or gravel deposits; to what exent mining is
carried on when water can be obtained, and what the facilities are for obtaining
water for mining purposes; upon what particular ten-acre subdivisions mining
has been done, and at what time the land was abandoned for mining purposes,
if abandoned at all.

112. The testimony should also show the agricultural capacities of the land,
what kind of crops are raised thereon, and the value thereof; the number of
acres actually cultivated for crops of cereals or vegetables, and within which
particular ten-acre subdivision such crops are raised ; also which of these subdi-
visions embrace the improvements, giving in detail the extent and value of the
improvements, such as house, barn, vineyard, orchard, fencing, etc., and mining
improvements.

113. The testimony should be as full and complete as possible; and in addi-
tion to the leading points indicated above, where an attempt is made to prove
the mineral character of lands which have been entered under the agricultural
laws, it should show at what date, if at all, valuable deposits of mineral were
first known to exist on the lands,

114. When the case comes before this office, such decision will be made as
the law and the facts mav justify; and in cases where a survey is necessary to
set apart the mineral from the agricultural land, the necessary instructions will
be given to enable the proper party at his ozvn expense, to have the work done,
at his option, either by United States deputy, county, or other local survcyer;

122 ALASKA.

the survey in such case, where the claims to be segregated are vein or lode claims,
must be executed in such manner as will conform to the requirements in section
2320, U. S. Revised Statutes, as to length and width and parallel end lines.

1 15. Such survey when executed must be properly sworn to by the surveyor,
either before a notary public, officer of a court of record, or before the register
or receiver, the deponent's character and credibility to be properly certified to
by the officer administering the oath.

1 16. Upon the filing of the plat and field notes of such survey, duly sworn to
as aforesaid, you will transmit the same to the surveyor-general for his verifica-
tion and approval; who, if he finds the work correctly performed, will properly
mark out the same upon the original township plat in his office, and furnish
authenticated copies of such plat and description both to the proper local land
office and to this office, to be affixed to the duplicate and triplicate township
plats respectively.

1 17. With the copy of plat and description furnished the local office and this
office, must be a diagram tracing, verified by the surveyor-general, showing the
claim or claims segregated, and designating the separate fractional agricultural
tracts in each 40-acre legal subdivision by the proper lot number, beginning with
No. 1 in each section, and giving the area in each lot, the same as provided in
paragraph 45, in the survey of mining claims on surveyed lands.

1 18. The fact that a certain tract of land is decided upon testimony to be min-
eral in character is by no means equivalent to an award of the land to a miner.
A miner is compelled by law to give sixty days' publication of notice, and post-
ing of diagrams and notices, as a preliminary step ; and then, before he can
enter the land, he must show that the land yields mineral; that he is entitled to
the possessory right thereto in virtue of compliance with local customs or rules
of miners, or by virtue of the statute of limitations ; that he or his grantors
have expended, in actual labor and improvements, an amount of not less than
five hundred dollars thereon, and that the claim is one in regard to which there
is no controversy or opposing claim. After all these proofs are met, he is
entitled to have a survey made at his own cost where a survey is required, after
which he can enter and pay for the land embraced by his claim.

1 19. Blank forms for proofs in mineral cases are not furnished by the General
Land Office.

Thomas H. Carter,

Commissioner.

Approved December 10th, 1891.

John W. Noble,

Seci'etary.

ALASKA. 123

A. Department of the Interior,

General Land Office,
Washington, D. C, October 12, i8q2.
Registers and Receivers, United States Land Offices :

Gentlemen: Attached is a copy oi the act of" Congress of August 4, 1892,
entitled "An act to authorize the entry of lands chiefly valuable for building-
stone under the placer mining laws."

The first section of said act extends the mineral land laws already existing so
as to bring land chiefly valuable for building-stone within the provisions of said
law to the extent of authorizing a placer entry of such land. The proviso to
said first section excludes lands reserved for the benefit of the public schools or
donated to any State from entry under the act.

In cases that may arise hereafter in reference to any lands subject to entrv
under the mining laws, you will be governed by said act in admitting such
entries. The proper instructions for your guidance in so doing may be found
in official circular of December 10, 1891, entitled "United States Mining Laws
and Regulations Thereunder," to which you are referred, and your special
attention is called to the law and instructions therein relating to placer claims.

It is not the understanding of this office that the first section of said act of
August 4, 1892, withdraws land chiefly valuable for building-stone from entry
under any existing law applicable thereto.

The second section of said act of August 4, 1892, makes the timber and stone
act of June 3, 1878 (20 Stat., 89), applicable to all the public-land States. You
will observe the same in acting upon applications for entries in your respective
districts. For instructions you are referred to the general circular of February
6, 1892, pages 35 to 38 inclusive.

In allowing placer entries for stone chiefly valuable for building purposes,
under the first section of the act of August 4, 1892, you will make a reference
to said act on the entry papers returned.
Very respectfully,

W. M. Stone,
Acti ng Com ni i ssio n er.

Approved October 12, 1892:

Geo. Chandler,

Acting Secretary.

124 ALASKA.

AN ACT to authorize the entr\' of lands chiefly valualilc for building stone under the placer

mining laws.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That any person authorized to enter lands
under the mining laws of the United States may enter lands that are chiefly
valuable for building stone under the provisions of the law in relation to placer
mineral claims: Provided, That lands reserved for the benefit of- the public
schools or donated to any State shall not be subject to entry under this act.

Sec. 2. That an act entitled "An act for the sale of timber lands in the States
of California, Oregon, Nevada, and Washington Territory," approved June
third, eighteen hundred and seventy-eight, be, and the same is hereby, amended
by striking out the words " States of California, Oregon, Nevada, and Wash-
ington Territory " where the same occur in the second and third lines of said act,
and insert in lieu thereof the words, " public-land States," the purpose of this
act being to make said act of June third, eighteen hundred and seventy-eight,
applicable to all the public-land States.

Sec. 3. That nothing in this act shall be construed to repeal section twenty-
four of the act entitled "An act to repeal timber-culture laws, and for other
purposes," approved March third, eighteen hundred and ninety-one.

Approved, August 4, 1892.

A. Department of the Interior,

General Land Office,
Washington, D. C, October 24, i8g2.
Registers and Receivers, United States Land Offices :

Gentlemen : In addition to instructions contained in general circular of Feb-
ruary 6, 1892, pages 35 to 38, inclusive, and pages 147 and 148, in relation to
the timber and stone act of June 3, 1878, extended by the act of August 4, 1892,
referred to in circular A of October 12, 1892, you are advised as follows:

1. That entries made under section one of said act are required to be kept
and reported in consecutive and numerical order in your mineral land series.

2. That entries made under section two of said act are required to be kept
and reported in consecutive numerical order in your regular agricultural cash
series.

Necessary additional blank forms for entries under said act are as follows:
Form Nos. 4-357; 4-363J 4-370i 4-37'; 4-537; 4-65^^-
Very respectfully,

W. M. Stone,

Acting Commissioner.

Commerce Transportation Facilities — Proposed

Railroad.

It is difficult to obtain statistics in regard to the trade of Alaska,
since the transportation of imports and exports is accompHshed less
by the regular lines than through special conveyances. The large
companies engaged in business in the Territory usually employ
their own ships. There were some 87 trading houses reported in
Alaska in 1891, located in not less than 60 towns and villages,
and scattered from Point Barrow to the southern extremity, and
from Loring to Attu. The number of stores for the sale of general
merchandise in southeastern Alaska in 1892 was 47. The imports
consist of merchandise, machinery, powder, clothing, provisions,
tools, furniture, etc. The exports are made up of fish, furs,
whalebone, ivory, oils, gold and silver bullion and ores. The
total imports in 1892, according to the report of Governor Knapp,
of Alaska, amounted to the value of $2,164,238. The exports
are classified as follows:

Exports.

Furs, curios, etc., from 13 stations, southeast Alaska $351, 000

1,220,000 codfish (7,500 tons) 375, 000

789,294 cases of salmon 3, 157, 176

9,000 barrels of salted salmon 8r, 000

186,250 pounds whalebone i, 210, 625

1,000 pounds ivory 5, 000

12,228 barrels whale oil 103, 668

Product of the Killisnoo manufactory, oil and guano 114, 000

125

1 26 ALASKA.

Gold bullion, Alaska Treadwell Gold Mining Compan}- $707, 017

Gold and silver ore and bullion by other companies 400, 000

13,500 seal skins taken under the lease; 52,087 seal skins taken by sealing

fleet ; 10,000 seal skins taken by natives and others 755, 5S7

Furs shipped b}' Alaska Commercial Company 348, 991

Furs shipped by other parties, western Alaska go, 000

Other products not enumerated 60, 000

Total 7, 759, 064

Balance of exports above imports, $5,594,886.

Among the furs may be mentioned those of the sea otter, the
seal, the beaver, the silver and blue fox, the mink, and the marten.

Mr. PetrofF ( Alaska, Its Population, Industries, and Resources,
1884) says:

In the regions inhabited by the sea-otter hunters and on the Pribilof Islands,
a barrel ot flour per annum is consumed for each man, woman, and child more
than the average in civilized communities. Traders report that the demand for
flour and hard bread increases annually, even among the tribes of the interior.
The demand for tea, also, is steadily gaining, and the consumption of sugar is
universal wherever it can be carried by the traders, but is especially large in
those sections of Alaska (especially in the southeast) where the Creoles and
natives understand the manufacture of alcohol from sugar and molasses. Includ-
ing the southeastern division, which is supplied chiefly from Portland, Oreg.,
and British Columbia, the annual shipment of flour may be estimated at not less
than 10,000 barrels, or a barrel for every three individuals of its population.
If to this are added 5,000 or 6,000 cases of hard bread, 1,200 chests of tea,
and 2,500 barrels of sugar, it is seen that the trade with Alaska in these staples
alone is assuming considerable proportions. The shipments of tobacco aggre-
gated from 15,000 to 20,000 pounds. Of the value of the dry goods it is
impossible to make an estimate, but it is safe to assume that it does not equal
that of groceries or provisions.

MAIL AND TRANSPORTATION FACILITIES.

Governor Knapp, in his report for 1892, says: "The mail con-
tract with the Pacific Coast Steamship Company requires stoppage
for receipt and delivery of mail by their regular passenger and
freight steamers, two each month, at seven ports, viz: Kichkan, in
Tongass Narrows, Loring, Wrangel, Douglas, Juneau, Killisnoo,

ALASKA. 1 27

and Sitka. For this service, they are paid the sum of $18,000
per year. When other trips are made and other phices are visited
by the steamers of the company, mails are also carried and deliv-
ered on those trips and at those other places. By this more uncer-
tain service, several mails have been delivered at Metlakahtla, Mary
Island, Chilkat, and Hoonah, and the mail has been carried v^^eekly
instead of semi-monthly to the first-named places during the months
of June, July, and August. Another mail contract insures monthly
mails served from Wrangel to Klawak and Howkan (or Jackson,
which is the post-office name). A small steamer or steam launch
plies between Wrangel and Howkan. Between Sitka and Una-
laska, a distance of about 1,3^0 miles, a small steamer has made
seven regular monthly trips, stopping at six places, from April to
October.''

In Special Consular Reports, Highways of Commerce, 1895,
page 29, it is stated that the tare from San Francisco to Wrangel,
by the Pacific Coast Steamship Company, is $50; to Juneau or
Sitka, $70. There is also steamship service from vSt. Michael's,
via Unalaska to Seattle and San Francisco.

The report of the Second Assistant Postmaster-General of the
United States for 1896 says that a post-office was authorized at
Circle City March 19, 1896. The carrier for the first trip started
from Juneau June 11 and reached Circle City July 14, carrying
1,474 letters. He returned by way of St. Michael, reaching
Seattle August 19. On the second trip, the carrier left Juneau
July 8, reaching Circle City August 6. Another trip was to be
made in September, and four between November and May, 1897.

PROPOSED RAILROAD.

In 1886, in reply to an inquiry on the part of the United States
Senate, the Director of the United vStates Geological Survey,
Mr. J. W. Powell, presented a report on the feasibility of con-
structing a railroad between the United States, Asiatic Russia,

1 28 ALASKA.

and Japan. Mr. Powell said that troni all available information,
the proposed line appeared to present no greater obstacles than
those already overcome in transcontinental railroad building. It
was suggested that the line start from some point on the Northern
Pacific Railroad in Montana, and run, via the head waters of the
Peace River, to the head waters of the Yukon; and thence to
some point on the shore of Bering Sea, the total distance covered
being about 2,765 miles. A branch line of 375 miles from the
head waters of the Peace River might run to the mouth of the
Stikine River, so as to facilitate communication with Sitka.

Territorial Government.

In 1884, a district government was created by Congress tor
Alaska, with a governor and a district court, which sits alternately
at Sitka and Wrangel. The laws are those of Oregon. ' There
is a land office at Sitka. Commissioner Hermann, ot the United
States General Land Office, on July 31, 1897, stated that the
mineral-land laws of the United States, the town-site laws (pro-
viding tor the incorporation ot town sites and acquirement ot title
thereto from the Government to the trustee ), and the law providing
for trade and manufactures, giving each qualified person 160 acres
of land in a square and compact form, are applicable in /\laska.
The coal-land regulations and the public-land laws do not extend
to Alaska, as the Territory is expressly excluded by the laws
themselves from their operation.

The following is a list ot United States officers in Alaska, fur-
nished by the Department of the Interior, August 7, 1897:

John G. Brady, governor, Sitka.

Albert D. Elliot, clerk of the court, and ex officio secretary of
Alaska, Sitka.

William L. Distin, surveyor-general, Sitka.

John W. Dudley, register of the land office, Sitka.

Ruswell Shelly, receiver of public moneys, Sitka.

Caldwell W. Tuttle, commissioner at Sitka.

Kenneth M. Jackson, commissioner at Wrangel.

Lycurgus R. Woodward, commissioner at Unalaska.

John Y. Ostrander, commissioner at Juneau City.

:So. 80 9 129

130

ALASKA.

Philip Gallaher, commissioner at Kadiak.

John E. Crane, commissioner at Circle City.

L. B. Shepard, commissioner at St. Michaels.

John U. Smith, commissioner at Dyea.

Charles H. I sham, commissioner at Unga.

The following is a list of the judicial officers of the United
States in Alaska, furnished by the Department of Justice, August
7' ^897:

Charles S. Johnson, district judge, Sitka.

Burton E. Bennett, United States attorney, Sitka.

Alfred J. Daly, assistant United States attorney, Sitka.

James M. Shoup, United States marshal, Sitka.

INDEX.

Page.

Agricultural conditions 39

resources 38

Aleutian division 16

Aleutian Islands 32

climate 26

Aleut Indians 14

Arctic division 16

Area 7

Athabascan Indians 12

Balsam fir 37

Black bass 74

Boundaries of Alaska 7

Boundar}' dispute with Great Brit-
ain g

British vessels seized in Bering

Sea 56, 67, 69

Canadian boundary treaty 10

Cattle 40

Chilkat Pass 81

Chilkoot Pass 80

Circle City 34

Civil officers of Alaska 129

Claims for British vessels seized . . 69

Climate of Alaska 25

Codfish 73

Copper 75

Copper River i8

Corporations owning mining claims 87

Cost of transportation 127

Dogs 42

Douglas Cit}', location, etc 31

Eskimos 12

Exports, value of, 1892 125

Fisheries, value of, 1893 74

Forests of Alaska 35

Fort Yukon 22

Furs 126

Fur-seal arbitration:

Arbitrators 58

Award 58

Findings of fact 64

Place of meeting 54

Points considered 55

Regulations 62

Treaty 52

Fur-seal fisheries:

Controvers)' 43

Negotiations since 1893 68

Fur-seal islands, leasing of 48

Fur seals; number taken by United

States 47

General merchandise stores 125

Geographical situation 7

Geography and topography 15

Gold 15, 75,76, 77

Halibut 74

Hemlock 37

Herring 73

Horses 41

Hyda Indians 14

Indian tribes 12

Intoxicating liquors 13, 65

Iron 75

Judicial officers of Alaska 130

luneau, location, etc 30

Kadiak division 15

Kenai peninsula 31

Klondike region :

Claims located 76

Climate ... 26

Description of route to 80

Expenses of trip to 79

Gold discover)'. 76

Routes to 79

131

'3^

INDEX.

Kuskokwim division

Land district, to create

Laws applicable to Alaska

Lead

Lode claims, status prior to 1872

Mail and transportation facilities

contracts

Page.
16

95
129

126

127

Maps of Alaska frontispiece

113

75
83

Mill sites, law relating to

Mineral lands and mining :

Act of 1866

Act of 1874

Act of 1878

Act of 1884

Mineral lands open to exploration,

etc

resources

Miners — proof of citizenship

Mining claims:

Adverse claims ... 85, 94, 95, 116, 117

Affidavits required 88

Appointment of deputy surve}'-

ors 118

Blank forms 122

Building-stone claims 123, 124

Charges for survey, etc 119

Extent of 83, 96, 117

Fees of receivers

How patented

Legal subdivisions

Location of

Non-resident claims

120

Placer claims 86, 87, 109

Possessory rights 114

Proof of citizenship 115

Priorit}' of possession 89

Proceedings before receivers. . 120

Regulations 83

Right of possession 83

Survej' of 88

Tunnel rights 83, 92, 103

Vein or lode claims 85,

86, 8g, 99 100, 104

Mining in winter 78

laws 82

repeal provisions .... gi

Mission stations

Mosquitoes

Nulato

Pelagic sealing

Point Barrow, climate

Poplar

Population of Alaska

Port Clarance

Potato crop

Pribilof Islands, discovery of

Prince of Wales Island

Purchase price

Railroad proposed

Rainfall

Reindeer

Religion

River system

Salmon fisheries

Act for protection of

Canned product, 1883-1890 . . .

Sawmills

Scrub pine

Seal life in Bering Sea, commis-
sioners to investigate

Silver

Sitka:

Location, etc

Spruce

Southeastern division

Spruce

St. Michaels:

Climate

Location

St. Paul, location, etc

Stikine River

Sushitna River

Tanana River

Teller reindeer station

Territorial government

Thlinket Indians

Timber, varieties of

Towns and trading posts

Trading houses

Treadwell Mining Company

Tsimpsean Indians

Vegetables

Page.
13

28
23

49
26

36
10

33
38
44

9
127
26
41
13
17
20, 69
70
69
37
37

30
36
15

27
33
32

19
23
42

129
14
35
30

125
75
14
38

INDEX.

133

Wages paid

Western limits

Whales, result of catch 1874-1891 .

White birch

White Pass

White River

Wrangel, location

Yellow cedar

Yukon district :

Climate

78
8
72
35
79
21
30
36

Page.
Yukon district — Continued".

Description 16, 3g

Gold discoveries 76, 77

Gold production, 1890-1896... 76

Mining population 76

Prospecting 78

Rainfall 26

Routes to 79, 80

Yukon River 18, 20

Yukutat, location 31

THE .

Commercial Directory

. — 9^^^ American Republics

This Bureau will soon publish a comprehensive
and reliable Commercial Directory of the American
Republics. The volume will be the most complete
and accurate ever issued in any of the countries that
will be represented in it, namely, Argentine Republic,
Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador,
Guatemala, Haiti, Honduras, Mexico, Nicaragua, Para-
guay, Peru, Salvador, Santo Domingo, United States
(including Alaska and Hawaii), Uruguay, Venezuela,
and the West Indies. The expense of such a publica-
tion is so great that a charge of five dollars will be made
for a copy of the Directory, which will comprise two
splendid octavo volumes of more than 800 pages each.
The Directory will contain upwards of 60,000 names,
and include the addresses and lines of business of
nearly all the commercial concerns of Latin America.
The first volume will be ready for distribution on or
about October ist, the magnitude and increasing
interest in the work requiring its publication in two
volumes, and the second on or before December i, 1897.
Manuficturers, bankers, shippers, merchants, and edu-
cators, lecturers, editors, and other professional men,
for whom the work must possess peculiar interest, and
all others desiring to subscribe for the Commercial
Directory, will be furnished with the proper blanks by
addressing the

Director of the Bureau of American Republics,

. WASHIIvtflTON, D. C.

UNIVERSITY OF CALIFORNIA, LOS ANGELES

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