n> ffD 242 3 L4 00 r- vD C\J o GIFT F Mr. H.L. Leupp The Public Land Policy Of the United States in ALASKA AN ADDRESS BEFORE THE Northwest Mining Convention SPOKANE February 16th, 1912 BY MAURICE D. jLEEHEY 812 Alaska Building ^^ Seattle L The Public Land Policy Of the United States in ALASKA t By MAURICE D. LEEHEY The American people, or those who interest themselves in Alaska enough to read about it, are pretty well satisfied that there is something radically wrong in the laws for that territory, and in the government policy, or lack of policy, toward the Treasure . Land which constitutes our last frontier. Alaska .progressed rapidly during the ten years which fol- lowed the rush to Cook Inlet in 1896. With the discovery of gold in the Yukon came the prosperity of Circle City and Rampart. Then the world- famed Klondyke rush, the first Nome boom, and the development of the Fairbanks region. Through all this growth and prosperity we heard much talk of an All- American route to the Yukon, and saw some action to that end. Work was initiated upon at least five routes over which it was planned to build railroads from the southern coast to the Interior. But during that same period there was also discovered deposits of splendid coal, seemingly the one commodity needed to assure the permanence of Alaska's prosperity and the speed of her development. This discovery which prom- ised so much good for Alaska, has so far borne but evil, for while the year 1906 proved the banner year of Alaskan gold production, that same year also witnessed the withdrawal of all coal lands in Alaska from entry, and the suspension of railroad building to the Interior. Instead of inaugu- rating a period of splendid progress, the discovery of coal brought stagnation and retrogression. No doubt the population of Alaska increased rapidly from 1896 to 1906, but it much diminished during the following four years, as the census of 1910 showed an increase in population of only 764 people over the census of 1900. This was not sufficient to cover the increase bv the birth rate over deaths. So the census of 1910 shows that Alaska actually lost population, so far as immigration is concerned, during the preceding ten years. Prof. Tarr says in a recent issue of the North American Re- view: "The towns of Alaska, with hardly an exception, have lost popula- tion, and vacant houses and stores exist by the score. People are closing up business and leaving there in general despondency, especially in the coastal portions, which have been looking forward to the impetus that should result from the building of railroads and the development of the coal fields." This loss of population is remarkable when we consider the results of that brief period of development.! Alaska poured more than two hundred million dollars worth of minerals into this country. The gold output rep- resents $196.000,000, while $8,000.000 have been realized from Alaska cop- per since 1901. Even if we disregard the millions obtained in fish and furs, the production of which does not necessarily indicate material development of the territory, surely the mineral production is such as to justify many times the present white population of approximately 35,000 people. 3 The reason is found in the treatment of Alaska by the government of the United States, and no one has yet had the timerity to justify that treatment. Those who criticise the laws passed by Congress for the de- velopment of Alaska contend that other laws should have been passed, and each party to the controversy blames the other for the condition in Alaska. The people who went to Alaska, and undertook the development of her resources, have been the least considered in all this discussion. Only recently were they given a delegate in Congress without vote. They are denied local self-government" many form, and while we may be antago nized by the statement that every charge made by the Colonists against King George in the Declaration of Independence can be truthfully made by the people of Alaska against the government of the United States, yet when we closely analyze that statement, we must admit it indeed difficult to deny./ It is also true that the people of Alaska may urge many causes of complaint not mentioned in the illustratrious Declaration penned by Thomas Jefferson. Certainly we have no record in the history of the Colonies of where the British Government ever deliberately and openly violated its contracts in the manner in which the government of the United States has arrogantly violated the contracts which arose with people of Alaska claiming under the Public Land Laws. Of course, some reason exists for this. The men charged with the administration of public affairs are not necessarily to be charged with dishonesty or bad faith. A wild popular clamor has arisen, and while from our point of view we cannot admit this as an excuse for ignoring the law, yet means have been found and lines of argument have been produced to justify the position taken in each particular case. _But the Alaskans arj Americans. Practically all of them came directly from the States, and every state m pur union is represented in Alaska by some of her most enter- prising sons and bravest daughters, jf Consequently, the Alaska people are patriotic, and they have exercised for years a patient, philosophical patrio- tism, because they have confidence in the honesty of the American people, and know that when the American people are fully and correctly informed justice will be done. The administration has for several years recommended legislation with reference to Alaska without visible results. In the meantime laws appli cable to Alaska have been suspended by the withdrawal of public lands from entry. Naturally, Alaskans are disposed to criticise the administra- tion quite as much for its failure to proceed under existing laws as to blame Congress for the failure to enact new legislation. It is popularly under- stood that the. coal question^ is the most important problem in Alaska. This is not entirely true. The great problem is that of transportation, and the coal question is chiefly important for its bearing upon transportation. Alaska requires railroads to the Interior, and it is manifest that these railroads will not be built until the Alaska coal is placed upon the market. Coal was mined in Alaska by the Russians long years ago, probably soon after the settlement of Sitka and Kodiak, the oldest towns on the Pacific Coast of America, whence supplies were shipped to California and along the Pacific Coast before San Francisco, San Diego, or Seattle were founded. These Russian coal mines though never became of commercial importance, and our American people paid no attention to Alaska coal until after the discovery of gold in the Interior. The general coal land laws of the United States were extended to Alaska by the Act of June 6th, 1900. Prior to that time attempts were made to locate coal lands in Alaska, but there was no law permitting the same, and even the general coal land act of 1873 has been inoperative be- cause it applies only to surveyed land, and the public surveys have not been extended to Alaska. The act though encouraged several men, in the utmost of good faith, to attempt locations, and much work was done on the ground to explore and better reveal the deposits of coal as shown by surface croppings. The simple men who did such work were innocent M1G0463 enough to believe that the law meant something, and that by complying with it as best they could, their rights would sometime be recognized. After another delay of four years Congress passed the act of 1904 which provides for coal land locations by private surveys. Such legisla- tion was urged upon Congress by the President's message. Congress acted, and on April 28th, 1904, the President approved the law now in force permitting individual entries of 160 acres of coal land to be designated by private surveys at the expense of the applicant. About 1000 coal claims were located under this Act. Some 300 of these have been surveyed at the sole expense of the claimants, who have also paid into the United States Treasury nearly $400,000.00, but so far not a single patent has been issued. It has been charged that most of these claims are invalid. We presume that only the officials of the General Land Office have sufficient knowledge to speak of all entries, but we do know of certain claims which are entirely valid, made in strict compliance with the law, and which should have been patented years ago. We know of men who went into both the Katalla and Matanuska regions and spent their time and money in the utmost good faith, strictly complying with the law in its every detail. Indeed, some of these men have actually lived upon their claims during all these weary years of waiting. Such applications there are which have been pending for four years and more, and yet no action has been taken, no charges filed, and in some cases not even the slightest sug- gestion of an irregularity has been made, although during all of these years a score of field agents have been at work, interviewing claimants and other persons who might have some knowledge, and employing every means of a skilled detective force to ascertain possible fraud or irregularities. Has this long delay been caused by a gigantic conspiracy to unlawfully acquire and monopolize the Alaska coal fields? Or, was it caused by another conspiracy, which has for its object the nullification of the laws solemnly passed by Congress, and the substitution of a leasing system in the Alaska coal fields, without any regard to the rights of those people who proceeded in good faith according to law? Thirty-one months after the President signed the Act of April 28th, 1904, that same President issued an executive order withdrawing all these coal lands from entry. The executive order nullified the act of Congress. The order was so sweeping as to even suspend action upon claims already filed, and the Kegister and Eeceiver were thus compelled to refuse to file notices of locations made even prior to the withdrawal. Some months later the order was modified so as to permit action upon existing entries. It was admitted that patents should issue to valid claims located between April 28th, 1904, and November 12th, 1906, but so far all that has been done is to file charges against some of the claimants, which charges have resulted in an order for the cancellation of one group. But we repeat there are many applications which remain pending after all these years without any action, not even charges filed or suggested. Why this long delay? Surely the illegal acts of one should not entirely prevent action upon the claims of another against whom no charges have been made. Bather was not this delay caused and is it not continued, in furtherance of another conspiracy to force a leasing system upon the Alaska coal fields? This situation is the more aggravating because most of these particu- lar claimants have agreed to accept patents under the limitations of the Act of May 28th, 1908. This act applies only to claims located prior to November 12th, 1906, the date of the President's withdrawal. This later act permits the consolidation of such claims in groups of not to exceed 2560 acres, and was intended to cure defects which might have Resulted from the location of a group of claims in common, or with intention to combine after obtaining patents. It is manifest that a coal mine cannot be operated upon 160 acres. Consequently, many of these claims were located in groups by men represented perhaps by the same agent, and to some extent acting jointly, each individual however locating one claim and holding it independently, but having in mind possibly that some plan of joint action might be adopted after the issuance of patents. Congress intended to validate any irregularities in such locations, but imposed severe conditions, as will be noted by Section 3 of the Act of 1908 which reads as follows: "^ " That if any of the lands or deposits purchased under the provisions of this act shall be owned, leased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever so that they form part of, or in any way effect any com- bination, or are in anywise controlled by any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, or of any holding of such lands by any individual, partnership, association, corporation, mortgage, stock ownership, or control, in excess of two thousand five hundred and sixty acres in the district of Alaska, the title thereto shall be forfeited to the United States by proceedings instituted by the Attorney General of ^the United States in the courts for that purpose. ' ' This is certainly the most stringent anti-monopoly clause possible to frame in the English language. But nearly four years more have passed since this drastic legislation, and still no action has been taken. Is such Departmental inaction but the reflection of public sentiment? Perhaps it is. Perhaps it but expresses a conviction of the American people that the public land system which gave the great west the most splendid develop- ment in the history of the world, cannot now be extended to Alaska; that the enactment by Congress to do so was a mistake, for which the honest coal claimants in Alaska must suffer, and those who took their little all of health and goods into Alaska, in full confidence that the laws of the United States would be enforced, must suffer loss because they had too much faith in the integrity of our government. Be that as it may, it is unquestionably a fact that had the same policy been pursued in the early settlement of the middle west that is now being pursued toward Alaska, the buffalo would still be King of the Plains, Chicago would still be a frontier town, Kansas City would be a mere trading post at the edge of the Great American- Desert, and the now splendid cities of Denver, Spokane and Minneapolis would not even be names upon the map. This policy has manifested itself in the most arrogant assumption of power against which we have no protection, because there is apparently no legal remedy. Consider the withdrawals made by President Roosevelt without authority of law. The want of such authority was tactily ad- mitted by the executive in its request that Congress pass a law conferring such authority. The withdrawal simply amounted to a notice that the Land Department would not execute the law; that its officers would not perform the duties which they took solemn oath to perform, nor uphold the law which they solemnly swore they would execute. Congress then passed the Act of June 25th, 1910, authorizing the President in hi dis- cretion to "temporarily withdraw from settlement, location, sale or entry any of the public lands * * * and reserve the same for water power sites, irrigation, classification of lands or other public purposes to be specified in the orders of withdrawal." Pursuant to that law, the President has withdrawn all coal lands in Alaska, al!" lands in Alaska containing petro- leum, oil or gas, all lands in the vicinity of hot springs, all lands around the shores of Resurrection Bay, and has made other withdrawals too num- erous to mention. Note that the law only permits the withdrawal of a specific area for a specific purpose, which purpose must be stated in the order of withdrawal. Instead of withdrawing any specific area of coal land, the order withdraws all coal lands in Alaska. In other words, the Executive order absolutely nullifies the Act of 1900, extending the general coal land laws to Alaska, and also nullifies the Act of 1904. permitting coal loca- tions upon unsurveyed lands in Alaska, both of which Acts of Congress ap- ply only to Alaska, and are entirely annulled by such withdrawals. Clearly the withdrawal is illegal. In the first place, because it applies to all coal lands, while the Act contemplated the withdrawal of only specific areas. Instead of doing so the order of the Executive attempts to nullify and hold for naught at least two Acts of Congress, formally enacted by both houses with the approval of the President. Then, too, the Act speci- fies the purposes for which the withdrawal may be made, and requires that such purposes be stated in the order of withdrawal. What is stated? Is there any pretense that such withdrawal was made for ' ' water power sites, "'* irrigation" or "any public purpose?" If so, such purpose is not stated in the order of withdrawal, as the law requires. It cannot be con- tended that all the coal lands must be withdrawn for the purpose of classification, because the fields most seriously affected are already classi- fied as coal lands. But lo and behold! what does the order of withdrawal state? We are advised that such withdrawal of ALL the coal lands in Alaska is made in "aid of legislation." The Act of June 25th, 1910, does not contain these words; does not specify any such grounds for with- drawal. It is the opinion of the lawyers who have studied the subject that even the existing order withdrawing ALL coal lands in Alaska from entry is illegal. But how may we attack the legality of the order! The Land Department simply refuses to take action upon any entries. They simply refuse to execute the law, and there seems to be no method by which any appeal may be made to the courts for a judicial review of the ques- tion. Congress refused to make the provision recommended by Secretary Ballinger that an appeal might be taken to the courts from the decisions of the Interior Department even upon questions of law. Alaskans are in full sympathy with the desire of the people of the United States that the great coal fields of Alaska shall not pass into the hands of a._private monopoly, to be exploited solely for private gain. We believe though the dangerof such monopoly in Alaska has been greatly exaggerated. In fact, we who know conditions in Alaska, are convinced that such monopoly cannot arise under existing laws, if properly inforced. We are also interested in the men who discovered these coal fields and re- vealed their wealth to the nation, and in those men who spent their time and money to develop and prove the value of these fields. We understand the Act of 1904 to be an offer by the government, which when accepted by the bona fide locator constitutes a contract between him and the government. We still believe that the American people, who are fair ana honest when correctly informed, will insist that the contract be kept. We deplore the delay which has operated so much to our disadvantage, caused financial loss to so many honest men and women who invested perhaps all they had in money, labor, health and enterprise, and gave several of the best years of their lives, relying on this contract with the United States. We refer not only to the honest coal claimants, but still more especially to the far more numerous band of hardy, enterprising people who went to Alaska, and have no direct interest in the coal fields, but engaged in various other lines of business, relying on the opening of these coal deposits and upon the building of railroads and smelters, to which the use of this coal is an absolute essential. It is in this way that the great loss to Alaska and Alaskans has really been suffered. Our appeal is for justice, not merely to the honest coal claimants, but also, and more especially, to that vast body of Alaskan pioneers who invested their all of time and money, labor and sacrifice, enterprise and energy, in trust- ing that the law of 1904 would be fairly executed. Those pioneers are indeed the same honest, rugged, sturdy men and women who conquered the West, who opened the coal fields and iron mines of Pennsylvania and Ohio, who converted the prairies of the Mississippi Valley into a blooming garden, who have conquered the plains and tunneled th