Golden Alaska: A Complete Account to Date of the Yukon Valley

by Ernest Ingersoll

The act approved May 17, 1884, providing a 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 said district of Alaska, subject to such regulations as may be made by the Secretary of the Interior and approved by the President," and "parties who have located mines or mining privileges therein, under the United States laws 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."

There is still more general authority. Without the special authority, the act of July 4, 1866, 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 exploration 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 patenting of mineral lands in Alaska is not a new thing, for that work has been going on, as the cases have come in from time to time, since 1884.

One of the difficulties that local capitalists find in their negotiations for purchase of mining properties on the Yukon is the lack of authenticated records of owners of claims. Different practices prevail on the two sides of the line and cause more or less confusion. The practice has been at most of the new camps to call a miners' meeting at which one of the parties was elected recorder, and he proceeded to enter the bearings of stakes and natural marks to define claims. Sometimes the recorder would give a receipt for a fee allowed by common consent for recording, and also keep a copy for future reference, but in a majority of cases even this formality was dispensed with, and the only record kept was the rough minutes made at the time.

On the Canadian side a different state of affairs exists. The Dominion Government has sent a commissioner who is empowered to report officially all claims, and while no certificate is issued to the owners thereof, properties are thoroughly defined and their metes and bounds established. The commissioner in the Klondike district, whose name is Constantine, also exercises semi-judicial functions, and settles disputes to the best of his ability, appeal lying to the Ottawa Government.

As to courts and the execution of civil and criminal law generally, none were existent in the upper Yukon Valley on the American side of the line during 1897. The nearest United States judge was at Sitka. At Circle City and other centers of population the people had organized into a sort of town-meeting for the few public matters required; and a sort of vigilance committee took the place of constituted authority and police. As a matter of fact, however, the people were quiet and law-abiding and little need for the machinery of law is likely to arise before courts, etc., are set up. A movement toward sending a garrison of United States troops thither was vetoed by the War Department.

Canada, however, awoke to the realization that her interests were in jeopardy, and took early steps to profit by the wealth which had been discovered within her borders and the international business that resulted. The natural feeling among the Canadians was, and is, that the property belongs to the Canadian public, and that no good reason exists why the mineral and other wealth should be exhausted at once, mainly by outsiders, as has largely happened in the case of Canada's forests. A prohibitory policy was urged by some, but this seemed neither wise nor practicable; and the Dominion Government set at work to save as large a share as it could. As there are gold fields on the Alaska side of the line, and the approaches lie through United States territory, a spirit of reciprocal accommodation was necessary. One difficulty has been averted last spring by President Cleveland's veto of the Immigration bill, one provision of which would have prevented Canadian laborers drawing wages in this country, and probably would have provoked a retaliatory act.