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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (April 29, 1900)
'fH-V f tf?th ,W(V -5J?F .THE SUNDAY- OBEQONIAN, PORTLAND. APRIL' 29, 1900. 11 NOT OPEN TO ALL Facts as to Mining on Cape Nome Beach. RESERVED ROADWAY 1$ TAKEN Claim Extend Below the Tundra and Only a. Small Strip Is Free When the Tide I Oat. "William H. Lewis, a well-known attor ney of Seattle, Wash., has written a letter regarding the status of the Capj Kome legislation at "Washington. Mr. Lewis was formerly located in Washington as secretary of Justice Har lan, of the United States Supreme Court In that capacity he was attached to the Behiing Sea Tribunal of Arbitration, which met at Paris in the years 1SJ2 and 1S3J Eince that date he ban been located at Se attle, and has interested himself quite largely In Alaska matters. He was th author of a comprehensive review of tho 'Alaskan boundary dispute, which was pub lished In the Review of Reviews last .Summer, and has recently been making a study of Cape Nome affairs. He writes as follows: The Alaska mining man who has relied on assurances that he would be allowed the privilege of free mining on the Cap iue t)i.ii during the coming Summer seems doomed to sore disappointment, and this is not entirely because he has been willfully misled, but also because of a failure to recognize the difference In mean ing between certain common expross'ons. The impression that the term "beach" meant the fame as "tldclands" or "land below the line of ordinary high tide" has been responsible for much of the confu sion. Another cause of the widespread misunderstanding has been the positive statements of men who thought they un derstood the whole subject, but who were relying upon a superficial knowledge of tho facts, and no knowledge of the law. It has taken set oral weeks of careful investigation for me to assure myself what Is the situation with regard to Cape Kome beaches, and while the result is not al together satisfactory there is some satir. faction In knowing what are fancies and what aro facts. For Instance. In the Logan case, the In terior Department decided. January 3, 1300: "It is perfectly clear that the mining locations in question, so far as It Is at tempted by them to embrace lands below the line of ordinary high tide, are without authority of law and therefore void, and the Land Department Is without authority to grant any concessions whatever with referenco to the desired occupancy or working of said tldelands for mining pur poses or otherwise." Now this decision Is a reasonable one, and was accepted everywhere as strict ly In accordance with law. It was re ceived with Joy by the men who wished to take gold from the Nome beaches th coming Summer with rockers, as they did last year. The entire diggings were worked then by the miners under their own regulations, and honesty and fair play prevailed. The general understand ing of this declflon was that It made It Impossible to secure title to any portion of the beach at Cape Nome. In that event It must be held to be open ground for all miners to work, as last jear. Act ing upon this supposition, active steps were taken and a representative sent to Washington to secure legislation that would permit the miners to reru ate min ing upon the beach. Accompanjing the report of the decision were reports that the Land Office had de cided that the line of ordinary high t.de would be constructed by the Department In All cases as being the upper lino of the beach; that Is to say, at the line of tun flra or vegetation. I was told by several well-informed men that this decision had been made, and went to the Land Office to get confirmation of the report. But there I was told point blank that no such decision had been made: that. In fact, such a decision never could be made by the Department: that the line of ordinary high tide could not be fixed or changed by the Land Office or any other Dtpartment In Washington; that the Lord hlmselr had fixed the line, of ordinary high tide, and the question was not where the Land Of fice might construe It to be, but where It actually Is. That could be determined only by tho courts In each Individual case. Following, up my problem, I went to members of Congress, and from them learned that It was brought out In the Cape Nome hearing by their committee on Alaska matters, that there Is only about two feet difference, between high tide and low tide at Cape Nome. And it w-us me general consensus of opinion that 4Ka "Una nt mtl... l-t - ... .. .. the Cape Nome beach is about fmlf nr- tn. 4.c ui u.uuttirj iuKii iiae on me thirds of the way down the beach from tundra. Now if, as we know It to be. this Is the case, and If the actual, average line of ordinary high tide Is in or below the middle of the beach, and If, as is re ported, placer mining claims have been Jitaked along the entire length of the beach down to the line of high tide, where Is the poor man to come In who owns no claim, but wants to take gold from the beach with his old-time rocker? He can take out gold below the line of high tide, when the tide .Is out; or he can perhaps secure a "lay" from the moro'',foriunifte' 'possessor of a placer claim above theMlnVof high tide. There Is no other choice left him If he wishes to mine for himself, unless he can find some new rich ground or some new con struction, or new legislation can be In voked for his protection. With this In view, something of an ef fort has been made to get the Land Of fice to extend the terms of the act of May 14, 1S38, providing for a roadway of 60 feet along the Alaska Coast In front of agricultural and manufacturing lands, 00 that It might cover any claims locates n the Nome beach under the placer min ing laws. And It Is generally understood that the Land Office has eo construed the law. But upon Inquiry there I was gain met with a polite but emphatic denial, and a wish that the men who made such statements had acquainted themselves with the facts before making such positive assertions. This question came up In connection with the Logan case, above mentioned, nntf the Secre tary said: "The effect of this provision (providing for the 60-foot roadway), has not been sufficiently considered by this Department to Justify any expression of opinion at this time." At the same time I was Informed that the Department would not construe that provision until a case should be brought before It on a contested application for a patent for land covered by the roadway. Such a case cannot be brought to the Department within a year so that the decision win be of no use to those desiring to work the coming Summer. And, furthermore, the official with whom I talked, and several other prominent officials, have assured me that by no possible contortion could the act providing for the roadway be construed to affect In any way claims taken up under the placer mining laws. A further effort In behalf of the beach miners was made In the Lacey bill before the House. The measure was, however, o poorly drawn that It did not effect tnt purpose Intended, as It expressly exempted lands located prior to Its passage In ac cordance with the act precrlblng the roadway. The- amendment In the Sen ate by Senator Barry to the Carter bill, was aimed at the same condition of af fairs. But after careful discussion It wai voted down In the Senate upon the ground that the 60-foot roadway was already taken up oy prospectors, most of whom were as poor and In an great need ai any others who search for gold. It v pointed out that these men had gone t there on an uncertainty, many of them after yours of prospecting Jn Alaska, and located their claims In good faith, and that they ought not to be put out of their rights tor the benefit of those who came afterwards when the field had been found to be rich. There are In the Sen cte a number of old Western mines, wno believe that the prospector who goes first and locates the claims should In every case be protected as against thoe who come afterwards. They have llttlt sympathy fcr those who did not locate claims and practically say to them. "Go as these other men did and And rich rround ord. locatj It. What we want li to open the country and to develop Its resources, and the man who goes first Is the man we protect" And there Is little cance of moving them from that posi tion. When It Is suggested that many of the Nome claims were Illegally taken they say that "Is a question for the courts; the remedy is there and nor with us." And it therefore seems Improbable that any legislation will be passed this ses sion which will In any way relievo the situation, so as to permit mining on the beaches by those not owning claims. The Alaska cade Is before the Senate, and will go also before the House, and In both places It Is, of course, subject to amendment. But the disposition of the members of both houses Is such that there Is a general Impression that the measure that finally passes will not materially dif fer from the Carter amendment to the code which was adopted yesterday, and Is as follows: Provided, further. That, subject only to such general limitations as may be necessary to exempt nat Ig-allon from artificial obstructions, all land and aboal water blow mean high lids on the shores, bars and Inlets of Bearing Sea, within the jurisdiction of the United States, shall, be -subject to exploration for told and other precious metals by citizens of the United States, or penonri who have legally declared their Intentions to become such, under such reasonable, rules and regulations a the miners; In organised mining districts may hare .here tofora made or may, hereafter raalce governing the temporary poeseaslon thereof for explora tion and mining purposes until otherwise pro vided by law: .provided, further. That the rules and regulations established by the miners shall not be In conflict with the mining laws of the United States; and all permits hereto fore granted, authorizing any person or per sons, corporation or company to excavate or mln)' under any of said waters are hereby revoked and declared null and void. And the reservation of a roadway CO feet wide, under the 10th section of the act of May H. ISM. entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other pur poses," shall not apply to mineral lands or town sites. By this provision It will be observed tho miners are allowed the right to take gold from land and shoal water below high ilde. under rules and regulations to be made by themselves In organlxcd mining districts. It also settles the disputed question as to the GO-foot rqadway, giv ing it to tho clalmowners who have lo cated It. It will bo seen that this provision en larges the power of the miners meeting, giving t it Jurisdiction over all mining below high-tide land, whether on land while the tide is out or In deep water "oy dredges. It does, however, take from the miners' meeting all Jurisdiction over the title to claims above the line of actual high tide. And In the meantime the question is whether any Alaska legislation can be se cured before the rush to Cape Nome. The Senate bill is being debated from day to day, but nt thW writing Senator Carter, who Is In charge of It, has been unable to get a time set for a vote upon It, After passing the Senate. It must bo con sidered by the House, and then a -confer ence had with the Senate upon the points of difference. It seems probable, therefore, that at the time the miners reach Nome, at a time when there Is the greatest need for wise laws and careful administration, the people at Cape Nome, will find them selves entirely In the dark as to what the law Is to be. and also without any court to whom they can appeal for the enforce ment of existing laws. Governor Brady, Senator Carter and 3 number of members and Senators from Wertern States are doing their best to hasten the .passage of the bill, but It Is doubtful If they can do so before the rush to Capo Nome seta In. POSSIBILITIES OF WORDS. Infinitude of Alternatives Suscepti ble of Eiianl Demonstration. PORTLAND. April 23. (To the Editor.). The febrile "Intemperance a Vice" log omachy hai convalesced Into a case of stubborn dilemma or paradox. This Is at least tho diagnosis of a cursory exami nation. One good man's assertion has encountered that of another good man. and the disputants are buttressed against each other like tne British and Boers at Wepcner. It Is unfortunate no conclu sion can bo reached. In order that the boggle-eyed Intemperate could be con vinced that they are criminals. Thanks to all hands, tho clouds- of In dcflnltenesa which first obfuscated the dispute have at length been cleared away. Such a strong light has been focused upon the controversy that the hitherto collglnous point at Issue has been revealed to both astigmatic Imbibers and nephnl lrta. Spectators have been able, with sat isfaction, to follow the cryptic disputa tion through all the labyrinthine by-ways until they. too. have beheld the real horns' of the Minotaur. All the seed thoughts written In this controversy on Intemper ance cluster about these often unrealized alternatives: Intemperance Is a vice. In temperance Is a crime. If has been demonstrated that by means of poor things like words, we can argue our opinions Into any form wc like. We can prove that the moon is made of green cheese, and then we can prove that It Isn't Wo can show that the sun's heat Is waning, and then by meteoric reasoning wo can Toe led to believe that It Is get ting hotter. We can prove that the earth revolves from cast to west, and from west to east. We can prove that the earth turns over In the night, and next morn ing nullify tho argument by looking at the pumpkin still on the stump. Wc can prove that wc actually walk on our feet, and contrariwise that we ambulate on our heads. Wo can demonstrate that what we see Is the only reality, and on the other hand that what we see Is sim ply a vain show. Wo can prove that tho choir in the middle of a dark room Is really a chair, and then we can foment our shins with a lotion of Berkeleyon phil osophy and say If It were not for mind wo could wade even through a stone wall and never feel It. We can prove that the most wonderful thing In America Is the fall of water over Niagara: or we can prove that It would be the most wonder ful thing In the world If the water of Niagara did not foil over tho cataract. We can prove that Diogenes with his lantern was a fool, and at the next breath that ho was tho wisest of men. We can prove that Socrates was a cheap curb stone orator, or we can prove that ho was the greatest man that.has ever lived. We can provo that benevolent assimila tion Is good for the barbarian, and we can provo that the process Is pretty hard on the barbarian. We can prove that the God of the Jews waa an anthropomor phic god. because he was a Jealous god. because he delighted In revenge, because he tortured the body of Jehoiachln sev eral days, because he destroyed the Jews for the reason that when they were hun gry In the wilderness they had the tem erity to want something to eat, and be cause he contrived to get even innumerable-times with those who had incurred his displeasure. Furthermore, we can In dicate with some show of success that the God of the Jews was not anthropomor phic and was not endowed with Infinite mercy and love, else he could not have turned Hagar out In the wilderness, could not In his Infinite omniscience have cre ated man in order that he might drive him from Eden, torture and drown him; could not have ordered tho people ot Jericho and Al to be ruthleeely murdered: and could not have sent his only Son to earth to be the prey of his chosen people, whom he has cursed ever since, i Thus wo could catalogue ad Infinitum I The Confidence Reposed in Br R. V. Pierce by Suffering Women. WHEN a -woman first feels backache, nervousness, weariness, bearing-down pains, or other, symptoms of derangement, displacement, or female trouble, she naturally turns to seek medical help. But as she takes the first step she shudders and shrinks back. "THERE'S A LION IN THE WAY" I and that Hon in the way is the dreaded familiarity of the questions, the indelicate examinations, the offensive local treatments generally inseparable from the "doctoring" of a local practitioner. THERE'S A BETTER WAY FOR WOMAN to sit down in her own private room and write a private letter to Dr. R. V. Pierce, of Buffalo, IT. Y., setting forth her symptoms telling her troubles. That letter will be read by Dr. Pierce in privacy as strict as that in which it was written. Its contents will be treated as a sacred confidence. The reply- (S-vc-vVvi "Quit -"It is with pleasure that I write to you to let you know the great benefit I have received from your medicines, and by following your advice regarding self-treatment at home," writes Mrs. Selma Erickson, of 496 Rice Street, St. Paul, Minn. "You kindly advised mc to take Dr. Pierce's Favorite Prescription and '.Golden Medical Discovery.' and Pleasant Pellets." When I first wrote you I had been to three different doctors, and two of them said I would never get better without going to the hospital for an operation. I just sat down and cried, and said, ' If I arc to die, I will die at home with my two dear little ones. I had a miscarriage, in May last and was weak all summer. Was not able to do anything. If I would get up and walk to the kitchen and back I would have to lie in bed for a day, or sometimes two days. Iast August I picked up one of Dr. Pierce's pamphlets and read of his wonderful work. I wrote to him for information and received an answer within five days from the day 1 wrote, advising me to try his medicines. Now I have used six bottles of his ' Favorite Prescription and six of the Golden Medical Discovery,' and the result is just wonderful. I did not tell'ther doctors what I was taking. I have not been to any. physician since the day I recived the $25,000 GIVEN AWAY By Or. R. V. Pierce last year In making good his great gift offer of a copy of Tho People's Common Sense Medical Adviser, FREE to every one who would pay expense of mailing ONLY This groat work is of especial value to women. It contains 1008 large pages and more than 700 Illustrations. It treats of the great truths of hygiene, physiology, and medicine In plain English. Send 31 one-cent stamps for the book bound In durable doth, or 21 cents for' tho book In paper covers. Address.- DR. R. V. PIERCE, Buffalo, H. Y. mYJzi m .$ms& rz zz fjaggrv lyf. .. V f :: .. y XVJdfcgg-g&w. V- - -y Tri all the truths and absurdities of this world, and prove each at our pleasure. Wo can prove that Intemperance Is sim ply a vice or Is merely a crime. Just as our humor suits us. In the incandescent light of our Imagination we can manage to see a truth that seems true, but Is really refracted. In tho Intolerance of our opinions we can send to Coventry those who aro deaf to our homilies. It Is asserted by one sido that Intem peranco is even more than a vicc-Ji crime. The nephallsts have a good argument, but It is not direct enough. It intemper ance is a vice It Is wrong, since obviously no vice Is right. If It is wrong. It Is bad. since no wrong can be good. If It Is bad it Is pernicious, as everybody will ad mit. If pernicious. It Is evil; It evil. Im moral; If immoral, sinful; If sinful, abom inable; If abominable, nefarious; If ne farious, diabolic; if diabolic, atrocious; It atrocious, heinous, and flagrant. If the vice Is heinous, the one who is intem perate is certainly vitiated and depraved. If he Is depraved he violates laws hu man or divine, os we Interpret them hu-i man or divine. He could not be depraved unless he violated divine or human laws. Crime Is alwavs committed when law li broken. Q. E. D., lnlemperanco Is a crime. It conclnuous logic exists In this world, here we have it. Let no man hereafter declaim intemperance merely a vice, because if it Is not a crime, I can prove It a virtue. This objective use of words Is a charm ing avocation. Just try It yourself when vou have spare time, Mr. Editor. Dy means of this Iogomachls method, I de clare you can demonstrate any proposi tion you like. However, It should be re membered that words ehoud net repre sent Ideas; otherwise much- ot the pleas ure of worsting opposition will be lost. As a farewell Injunction, I would Impress that the synonym method is tho only effective ono to establish In logic what otherwise would be dubbed sophism, and would dub the sophist sciolist. MAX.. An Enemy Spenkcth EvlL. Salem Independent. Mr. Tongue's fr.ends at McMlnnvMe were very much afraid that there would appear something In the TCi-Mutlons of th STRICTLY afi Doctors and convention criticising fhe Porto. Rlcan tar. Iff bill and those who voted for It, one of whom was Mr. Tongue of Oregon. So fearful were they lest the ghost of the tariff should walk that they .appointed only the Hllltboro oracle's closest friends I on tho resolutions committee. How sen. 1 sitlve some people can be when they are , defending and shielding a traitor to the people's Interests. Mr. Tongue owes his nomination to the Federal office push, and not to any service he has done the state. He has done nothing nut stand In with th f trusts since hl9 election to congress. CHINESE MANUFACTURERS. Their Competition Xot JLlkelr to Prove aa Bad ma Feared. Consul-Gcneral Goodnow writes from Shanghai. January 27. 1900, In regard to j statements that he- has seen In United . nttude of Oriental competition In the cot ton manufacturing trade. The articles re fer to a cotton mill at Hankau, in which It is alleged only Chinese labor Is em ployed nt wages averaging Jl 75 per month. The mill has 34,000 spindles and TOO looms and makes good yarn. Other mills, it Js said, are located In Shanghai. The real facts about cotton manufactures In China, says Mr. Goodnow, are these: The mill in Hankau has discontinued weaving cloth, as It could not meet tho competition of forclgni piece goods. The . i looms are being taken out and are being replaced by spindles. In Shanghai there are 7S0 looms running. It Is claimed that these aro now (but only very recently) making a coarsehectlng at a profit. j Tho cost ot nstklng this sheeting is fully ns much as the manufacture of the same grad of cloth costs In America. In stead of wages averaging Jl 73 per month, tho cheapest coolie laborer receives $6 Mexican (3 gold) per month: carders 4 ana spinners receive to ou juexican (112 to $15 gold) per month; engineers and weavers recelvo O to $00 Mexican (JIB to S30 cold) nor month. Wages have risen very fast in .tho treaty ports, with the. building of mills and the 'establishment PRIVATE will be written in private and mailed in a private envelope, perfectly plain and bearing upon it no advertising or printing. There is absolutely no. charge for this consultation by letter. BLOOOOO . WOMEN have, been confidentially treated by mmmmmmm 'Dr. Pierce, and his -staff of skilled specialists, in the'plthirty odd-years, and ninety-eight out of every hundred who have been so treated have -- been" perfectly and permanently cured. ' There is hope for you. however sick you are ; there is help for you, however chronic 'your disease, when you write to Br. Pierce. YOU WRITE TO A DOCTOR when youwriteto Dr. Pierce a doctor of more than thirty years' experience, at the head of one of the most important medical institutions in the land. The advice of Dr. Pierce is not to be classed with that offered by those who are . not . qualified physicians, and . cannot give the advice of a physician, although they -seek, by cunning advertising to convey the idea that they can- Bear in mind, that the advice of the unqualified icoman is just as -useless and just as dangerous as that of the unqualified .man. There is no alcohol in "Favorite Prescription," neither does it contain opium,., cocaine, or any other narcotic. It-is strictly a temperance medicine Gained Right first letter from Dr. Pierce, and I feel as good as I ever did. Before I had the miscarriage, I was so nervous I had to have some one by my side all the time, even in day time, and I could hardly eat anything. I took treatment from a doctor twice a week, and everytime I would go there I felt so sick, but since I quit all the doctors, and began taking your medicines, I gained right along. I gained forty pounds within the last four months. I weighed 125 when I began taking your medicines (in August) and now I am up to my usual weight, 165. I cannot thank you enough for your wonderful medicines, and I wish you every success in the treatment of other cases, as you have had in mine. When I think about how I suffered last summer, it seems now like a dream. My aged father was by me all summer, and at times used to get out of patience and say, ' Daughter, what makes you so peevish? What will you be when you are my age ? His speaking so would only make me feel worse. I did not know I was a misery to every one around me, but can realiie it now. I will cheer fully recommend your remedies to all my afflicted friends, for to-day I am as well and feel as good as ever." of tho foreign businesses, and are main tained at the higher level. The labor, however. Is less effective than the American labor. The American weav. crs accomplish- two to three times, and American spinners at least four times, the results attained by corresponding Chi nese workmen In the samo time. Two ot the mills In Shanghai are .now run entirely by Chinese, two have a for eign supervising engineer, and Ave havo foreigners for the managers and heads ot departments and supervisory places. TRe yarn manufactured at this point and at Hankau goes to the Province of Szechuan, and is there made Into cloth on handlooms in the villages and houses of the consumers. Only the coarse grades of cotton yarn are made, and the higher price ot raw Chinese cotton, as the de mand has Increased, together wKh the competition of Indian and Japanese yarn, has caused these mills to run at a loss to tho present time. Tho cotton cloths dominating the mar ket In Northern China and now challeng ing trade In Central China are from , America. We can control this market, adds Mr Goodnow, so long as we have an equal entrance Into all China, especially as., freight lines from our country ore multi plied; and when the Nicaragua Canal U built, no other than American cotton goods ru&d apply In China. I A Teat of Faith. Washington Correspondent of tho Chicago Record. Mr. Blaine used to tell about a deep- ' water Baptist preacher who was chaplain I ot the Maine 'Legislature when he was a member of that body. The situation at Augusta was somewhat difficult, and tho old parson watched It with an anxious eye. Finally ho could restrain himself no lorgcr", and In opening prayer In the As sembly one morning he exposed to the Lord the political Iniquities and the mor al weaknesses of the members of that body as he saw them. He closed his petition with these words: "Oh, Lord, have compassion have com passion upon them! Teach these, thy serv ants wisdom! Teach them understanding! Teach' them to .follow the paths of duty J ff Along WW " and righteousness and leave the. result ot the next election in thine omnipotent hands!" A Deserved Xomlnntlon. Hood Illver Glacier. Malcolm A. Moody was unanimously re nominated for CongTes?. Hon. E. I. Smlth made the nominating speech In the District Convention. Mr. Moody's vote for the Porto Rlcan tariff doesn't seem to have hurt him with his constituents. Re publicans can quarrel over leading issues that affect the policy of our Government until one mlgnt think the party would b2 rent In pieces, but when the ndmmntihi; conventions come round and the campaign Is on they can come up smiling, hold a love feast and vote the stral;ht ticket Then they will tell how Democrnts still vote for General Jackson. However, In this case, Mr. Moody has been faithful to hi strust and well deserved a renomlna tlon. A Flea of the Opposition. The Dalles Tlmes-Mountalneer. Republican papers of Oregon are endeav oring to make the money question the paramount issue in tho campaign, and arc sounding warnings against the danger ot the Nation going to the silver basis if a few Democratic Constables. County Clerks or members of the Legislature are elected. Don't the poor things know the gold standard has been fastened firmly upon us by the currency bill that passed Con gress las month and that It will require at least six years to effect a change In the United States Senate that would re peal the law? And have they ever stopped to consider that precinct and county of ficers, and even state Legislators, do not pass financial bills for the Nation? 66 HOURS TO ST. PAUL AND MINNEAPOLIS" Via the Great Northern Rnilwny. Train leaves Portlind dally at 6.M P. M. Connects at St. Paul Union Depot for Chi. cago, St. Louis and all points east and south. For tickets, rates, etc. call at City Ticket Offlco, 122 Third street. 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