AN INTERPRETATION OF
THE DECISION ON
ASSESSMENT WORK
In the May 26th issue of the Nug
get we printed an article containing
the Interior Department’s views on
Assessment Work Requirements.
The Department’s viewpoint is out
lined by First Asst. Secy. E. C.
Finney.
As the opinions therein expressed
conflict with opinions of men vers
«d in mining law. a resultant con
fusion has arisen in the minds of
many Alaskans.
We are in receipt of a communi
cation from “A Miner” who is lost
in the legal maze created by the
various laws and rulings. His ar
ticle is simply worded and to the
point ana clearly voices an opinion
widely entertained.
This space is open to any one who
cares to submit an answer to the
letter. The subject is one of vital
interest to Nomeites and we hope
that someone will carry on the dis
cussion herein begun. The com
munication is herewith published:
EDITOR OF NUGGET:
I am in trouble and as my trouble
in common to that of many miners
similarly situated. I bring it to you
for ventillation and airing. I think
I own a placer mining claim. T
went through the steps of locating,
recording and making actual dis
covery. but since reading in the
Nugget of May 26th, the article en
titled ‘INTERIOR DEPT GIVES
VIEWS ON ASSESSMENT WORK
REQUIREMENTS." it seems that
I have no rights at all in the ground.
To explain my trouble.
On August 24, 1921 Congress
passed a law changing the year for
annual expenditure on mining
claims to 4he effect that the year
ends at 12 noon on July 1st instead
of 12 midnight of December 21st
as under the old law. The exact
wording covering the point under
consideration of this letter being:
“Provided, that the period within
which the work required to be done
annually on all unpatented mineral
claims located since May 10th, 1872,
including such claims in the Terri
tory of Alaska, shall commence at
12 o’clock meridian on the first day
of July succeeding the date of lo
cation of such claim.” This may be
simplified down to; The period
within which the work required to
ba done, shall commence at noon on
the first day of July following date
of locating."
To the ordinary mind the mean
ing seems clear and plain. It
seems to be that the year or period
for perform tag annual assessment
work on a mineral claim, shall com
mence on the first day of July follow
ing the date of location. Then
when it is considered that for many,
many years back, the general min
ing laws of the Uunited States was
in keeping with the above meaning,
except that the period or year com
menced on the first day of January
following the date of location, one
becomes quite sat^fied that such
meaning or interpretation is the
correct one. The miner and claim
owner had satisfied himself that he
understood the new Act sufficiently
to enable him to hold a claim. The
opinion published in the issue of the
26th knocked out both the miner
and his claim.
The opinion was rendered by Asst.
Secretary of the Interior Finney,
and is to the effect that the words
employed by Congress are not to be
given a literal meaning—that Con*
gross, though saying one thing, real
ly meant a quite different thing. He
bases his opinion on a difference or
distinction between special and gen
eral laws, the result being that the
general or ordinary, every day com
mon-sense Interpretation of a few
simple English words is set aside to
make room for a prior law to func
tion. In 1912 an Act was passed
Teqniring the performance of assess
ment work on a placer claim -in Al
aska. the year of locating. The Act
of 1921. as seen above, provided
that the period or year commenced
oa July first succeeding date of lo
cation. A conflict was discovered
and to harmonise the two Acts, the
opinion punched a large hole in the
Act of 1921. into which might be
placed the provision of the Act of
1912.* The ordinary mind would
have said the Act of 1912 was su
pesreded hy the law of 1921.
The question of Interest now is
"How may a miner hold a claim?”
Mast he g# back to 1911. then to
1907. then away back to 1880 as
dees the opinion, and from all these
arts distill a solution that will dis
solve the plain ordinary meaning of
a few English words; or may he
rely on the law of 1921 as it is
The miner wants to know when
he must do his assessment work.
Must he do it within the period
(year) commencing on July first
succeeding the date of location as
the law of 1921 plainly reads, or is
he compelled to cut out those words,
saying "they do not belong there
nohow,” and do the work within the
year of locating? Help is wanted
to enable following the law.
‘MIffER.
FARM JOURNAL SAYS:
Sleep with your mouth shut; keep
your mouth shut also when angry.
There are several kinds of health
insurance. One of them is a pair
of good overshoes for every mem
ber of the family.
The language of flowers is tender
and beautiful, but it contains no
satisfactory expression for the man
who stubs bis toe.
Uncle I^evi Zink says that some
men are honest as the day is long,
but they enjoy themselves best in
We hear that 2,500 live Polish
geese recently arrived in London.
• and expressed much satisfaction at
the sights of the metropolis.
The most dangerous man in socie
ty is not the man who robs his
neighbor, but the one who stands
back and says. “It’s nothing to me
what other filks do.”
NEW FISH L\W8 RECEIVED
BY ASSOCIATION
The N. W. F. F. & G. Association
is in receipt of 100 copies of the
j Laws and Regulations for the Pro
jection of Fisheries of Alaska and
| will distribute them to those who
Section 4 on page 2 is the most
! important one covered by the regu
lations and is herewith reprinted:
| That it shall be unlawful to lay
i or set any drift net, seine, set -net,
| pound net. trap, or any other fish
ing appliance for any purpose ex
cept for purposes of fish culture,
across or above the tide waters of
I any creek, stream, river, estuary, or
lagoon, for a distance greater than
one-third the width of such creek,
stream, river, estuary, or lagoon,
or within one hundred yards out
side of the mouth of any red salmon
1 stream where the same is less
than five hundred feet in width. It
shat! be unlawful to lay or set any
seine or net of any kind within one
j hundred yards of any other seine,
i net or other fishing appliance with
j in six hundred yards laterally or
j within one hundred yards endwise
; of any other trap or fixed fishing
j appliance.
I The Secretary of the Nome Asso
ciation will be glad to supply copiea
of this circular to any one applying.
Let the Nome Nugget do your
letter writing, by having ns malt
the Weekly Nugget to your friends
on the Outside.
ALARM SIGNALS
LOCATION
. . . Standard Oil Company
.Cold Storage plant. East
. . . Alaska Lighterage Co.
.Opposite Recorders Office
.Cor. Steadman, 2nd aves.
. . .Cor. B st. and 1st ave.
. Catholic Church
. Polet's Residence
. Piro Station
. Opposite Webb’s Market
ar. 3rd ave. and Lane Way
J Beflla.Fire Ont
g Bella..Shut Down
7 Balia.. .Tarn on Water
FIDE
12*X
13
14
15
21
24
25
31
32
41
42
r *
| THOl GHTS OF T1IK AGES
i i
Better buy than borrow.
Fear is a bad counsellor.
Beware of little expenses.
AM things move in cycles.
If you are in doubt, delay.
AM happiness is in the mind.
Be not hasty to outbid another.
A stout heart crushes ill luck.
Take good counsel and keep it.
Conscience cannot be compelled.
Dispatch Is the 90ul of business.
Work ill done must be twice done
A willing mind makes a light
Be slow to promise, quick to per
He that gives ti
puts out to usury.
grateful man
Don't lose a dollar’s worth of
time looking tor a lost penny.
Haked potatoes and salt are a
feast when love sits at the table.
Men err not so much in prompt
action as in hasty judgment.
He that listens for what people
say of him shall never have peace.
OIL BLANKS FOR SALE AT
NUGGET OFFICE
NOTICE OF APPLICATION
FOR PATENT:
IN THE UNITES STATES HAND
OFFICE. AT NOME. ALASKA:
May a». 1»3!I.
NOTICE IS HEREBY C.IVEN. that
♦.ho PIONEER MINING AND DITCH
COMPANY, a corporation organized
and existing under and by virtue of
the Laws of the State of Nevada,
whose postoffice address is 602 Un
derwood Building. San Francis
co.. California, has. through, E.
J. Gorman. Its duly authorized agent,
whose postoffice address is Nome.
Alaska., made application before the
United States Land Office at Nome.
Alaska, for a United States Patent
for “ROCK CREEK BENCH NO. 4
ABOVE” Placer Mining Claim about
ten miles north of Nome, in the
Cape Nome Recording Precinct. Ter
ritory of Alaska, and designated by
the United States Surveyor General
of the Territory of Alaska, as Min
enal Survey No. 721; the exterior
boundaries of said claim, according
to the plait and field notes otf 4aid
survey now on file in said Land
Office,' wilth a magnetic vaitfation of
20 deg. 06 min. E., being as follows:
“ROCK CREEK BENCH NO. 4
ABOVE” PLACER.
Beginning at Cor. No. 1 iden
tical with the S. E. Cor. of nota
tion; with Cor. No. 2 of "No. 3
Above” and Cor. N,o. 2 of “No. 4
Above on Rock Creek, from
Which U. S. L. M. No. 15 bears
S. 35 deg. 43 min. E. 697.2 feet
distance; thence N. 71 deg. 36
min. W. Var. 20 deg. 06 miin. E
660.80 feet to Cor. No. 2. identi
cal with the S. W. Cor. of loca
tion, a BchiHt boulder 24x10x3
ins. set 12 ins in ground with
mound of earth chiselled 2
—721: thence North 36 degrees
35 minutes E. 1627.20 feet
to Cor. No. 3. identical with the
N. W. Cor. of location, a »chifc*t
boulder 24x10x3 ins. sat 12 ins.
in ground with mound of earth,
chiselled 2—3—721; thence S.
42 deg. 51 min. E. 562.30 feet to
Cor. No. 4. identical wMih the N.
B. Cor. of location and Cor. No. 3
of No. 4 Above on Rock Creek;
thence S. 33 dag. 20 min. W
1320 feet along line 3—2 of No.
- No. 4 Above on Rock Creek, pre
viously \patenfed in this survey to
Cor. No. 1. the place of beginn
ing. containing 19.998 acres.
The adjoining claims ars: On
the southerly side. No. 4 Above
on Rock Creak, previously pat
ented in this survey; the other
adjoining Claim's are unknown
and unsurveyed.
U. S. L. M. No. 15. to which
thte claim Is tied has been de
scribed previously in the NoWice
of Application for Patent for the
dlatms previously patented under
thte survey No. 721.
JOHN SUNDBACK,
Register.
Publish May 26. June 2. 9, 16, 23,
30. July 7, 14, 21. 1923.
juard Your Health
Be Sara To Um
The Heady Prophylactic
PREVENTIVE
AFFORDS UTMOST
‘f’fWIfiWWWIfiWifWSfiSWifiS
$ MWS GLADYS (XM.LIKR US
* 1*11 blic Stoaografiher. !fS
y? M. * M. Bank *
ssssfyssysssssyssifs
NOTICE OF APPLIfwtion
FOR PATENT.
M. S. No. 1326. M. A. Xo. OSMil
UNITED STATES LAND OFFICE.
NOME. ALASKA.
Maj 24th, I92JL
NOTICE IS HEREBY GIVEN, that
the NORTHERN MINING & TRAD
ING COMPANY, a corporation duly
organized and existing under and by
virtue of the laws of the Territory
now the State of Arizona, through
its duly authorized agent and attor
ney in fact. Lawrence Kerr, whose
post office address is Nome, Alaska,
has made application before the
United States Land Office at Nome,
Alaska, ror a United States Patent
for placer mining claims known and
described as NO. 2 ABOVE SPECI
MEN GULCH and NO. 3 ABOVE
SPECIMEN GULCH, said claims
being situate on the left bank of
Anvil Creek, about 1000 feet up
stream from the mouth of Specimen
Gulch, and about 5.75 miles North
erly from the Town of Nome, in the ,
Cape Nome Mining and Recording
Precinct. Second Division. Territory
of Alaska, and designated by the
United States Surveyor Gene.ral of
said territory as Mineral Survey No.
1326; the exterior boundaries of
said claims, the same being contigu
ous and adjoining placer claims, ac
cording to the plat and field notes
of said survey now on file in said
j Land Office, with Magnetic Variation
from 18 deg. 45 min. E. to 19 deg
30 min. E.. being as follows:
NO. 2 ABOVE SPFXXMFN
Beginning at Corner No. 1,
identical with location corner
and with Cor. No. 3. Survey No.
1223. No. 8 above or Eva I..
placer, a fir post 4 ins. sq. 2 ft.
above around in earth mound,
marked 3 1223. 1B2 5B3 1326.
N 24 deg. 12 mill. E. 2016.00
ft: thence S. 60 deg. 53 min. E.
with location, a fir post 4 ins. sq.
3 ft. long. set 18 ins. i-n around,
marked 2B2 4B3 13 26; thence
S. 41 do*. 15 min. W. 686.50 ft.
to Cor. No. 3. identical with
location, a fir post 4 ins. sq. 3 ft.
long. 18 ins. in ground scribed
3B2 1 326: thence N. 70 dee. 56
min. W. 556.30 ft. to Cor. No. 4.
identical with location, a fir post
4 ins. sq. 4 ft. long. 2 ft. in
ground. scribed 4 B 2 1326;
thence. N. 67 deg. 49 min. W.
752.50 ft. to Cor. No. 5 (not set!
on line 2-3 Sur. No. 428. No. 7
Above on Anvil Creek placer;
thence N. 4 3 deg. 01 min. E.
478.50 ft. to Cor. No. 6. «not
set! identical with location and
with Cor. No. 3 Sur. No. 428 and
Cor. No. 4. Sur. No. 414. New
York Bench No. 8. Cor. No. 3.
Sur. 414. a fir post 4 ins. sq. 2
ft. above ground, in earth mound,
marked 3 414 bears S. 53 deg. 20
min. E. 660 ft: thence N. 39 dog.
54 min. E. 195 ft. to Cor. No. 1.
the place of beginning: contain
ing an area of 19.211 acres.
XO. 3 ABOVE SPECIMEN GULCH:
Beginning at Cor. No. 1. iden
tical with location and with Cor.
No. 3. Sur. No. 750. Bench Claim
No. 4 Above Specimen Gulch pla
cer, on line 2-3 Sur. No. 1223.
No. 8 above or Eva L. placer (not
set) witness corner bears S. 71
dog. 23 min. E. 100 ft. marked
WC 3 750 IBS 1326, whence U.
S. L. M. No. 5 hears N. 16 deg.
39 min. E. 1381.40 ft: thence
S. 71 deg. 23 min. E. from true
corner 1078.00 ft to Cor. No. 2,
identical with location and with
Cor. No. 4 Sur. No. 750. a flr
post 6x4 ins. in earth mound,
marked 4 750 2B3 1326; thence
S. 63 deg. 11 min. E. along line
4-5 Sur. No. 750. 177.30 ft. to
Cor. No. 3. identical with loca
tion and with Cor. No. 5. Sur.
No. 750. a flr post 4 ins. sq. 2
ft. above ground, scribed 5 750
and 3B3 1326: thence S. 35 deg.
33 min. W. 663.50 ft. to Cor. No.
4. identical with location and
with Cor. No. 2 of No. 2 above
Specimen Gulch placer, this sur
vey. previously described: thence
N. 69 deg. 53 min. W. 1304.00 ft.
to Cor. No. 5. identical with lo
cation and with Cor. No. 1 No. 2
above Specimen, previously de
scribed and Cor. No. 3. Sur. No.
1223. previously described .thence
N. 39 dee. 54 min. E. 671.60 ft.
to Cor. No. 1 and place of begin
ning: containing an area of
18.961 acres. The total area
claimed under this survey Is No.
2 above Specimen Gulch placer.
19.211 acres and No 3 above
Specimen Gulch placer. 18.961 ;
acres, making a total of 38.172 i
acres. Notice of location of No. :
2 above Specimen Gulch is re
eorded in Vol. 4 Page 80. and
notice of location of No. 3 above
Specimen Gulch is recorded in
Vol. 5 Page 27 of the records of
said Cape Nome Mining and Re
cording Precinct, aforesaid.
The adjoining claims are: On
the North Sur. No. 705. No. 4
above Specimen Gulch; on the
South No. 1 above Specimen: on
the East Sur. No. 428. No. 7
above on Anvil Creek and Sur.
No>. 1223, No. 8 above or Eva L.
U. S. L. M. No. 5 is a spruce
post 6 ins. dia. 5 ft. above ground
in stone mound, 6 ft. base, mark
ed U. S. L. M. No. 5. and is sit
uated on the right bank of An
vil Creek about 250 feet there
from, about 6 miles Northerly
from the town of Nome, In Lati
tude 64 deg. 35 min. N., Longi
tude 166 deg. 23.0 min. W.
JOHN SUNDBACK.
Publish May 26, June 2, 9, 16,
21, 20. July 7, 14. 21* 1222.
S. S. BUFORD
Sails from Seattle
June 3rd
Fares~$ 115.00, $85.00, $50.00
All rooms upper deck, two berths.
Accomodations will be treat to
Alaskans. Large promenade and
social hall, new furnishings and
equipment. Service very best.
Three sailings this Season
Walker Ross, agents, Seattle.
R. A. Carroll, Agent, Nome.
S. S. VICTORIA
Sails from Seattle June 5th,
July 5th and August 3rd.
FREIGHT STEAMER LATOUCHE
Sails June 15
We have eliminated from our freight
tariff the handling charge of 50cts per
ton at Pier 2 Seattle, the company will
consolidate all items from various ship
pers to one consignee per steamer and
give benefit of car load rates when total
amounts to car load minimum or more.
Alaska S.S.Company
JAMES P- DALY, Agent, Nome
NUGGET
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