should not enjoy greater privileges in Alaska than were enjoyed by American citizens.1 The land department has held this act to be inoperative, because no rights, except to lease from the government, are accorded to citizens of the United States in British Columbia or the Northwest territory, and as our system does not contemplate leases by the government, to accord to citizens of Canada the right to lease mining claims would be to accord them rights which are not given to our citizens. For all practical purposes, the rule that a location by an alien is voidable at the instance of the United States government is in force everywhere within the United States.2 As to Oklahoma, it became an organized territory by act of congress, passed subsequent to the enactment of the alien law of 1887.3 It might well be doubted if the law of 1887 became operative upon the formal creation of the territory, ex propria vigore. The language of the first section might be construed to include only such territories as were then organized. The legislature of Oklahoma has legislated only upon the right of aliens to take by succession. In New Mexico there does not seem to have been any legislation prior to the passage of the alien act of congress above referred to. In Arizona, at the time that act was passed, a territorial law was in existence which provided that any alien might acquire by purchase or operation of law, and possess, hold, own, and dispose of any mines or minerals within the territory.* The passage of the alien act of 1887, however, super 30 Stats. at Large, p. 409. See, ante, §§ 231, 234. May 2, 1890, 26 Stats. at Large, p. 81. seded this; and in the revision of the laws of Arizona the former territorial act was omitted. In these two last-named territories the congressional act was, of course, in full force until the act of 1897 was passed. As heretofore noted, the latter act superseded the act of 1887, and contained no prohibition against aliens acquiring patented mines or mining claims in the territories.1 128 L. D. 178. TITLE IV. STATE LEGISLATION AND LOCAL DISTRICT REGULATIONS SUPPLEMENTING THE CONGRESSIONAL MINING LAWS. CHAPTER I. STATE LEGISLATION SUPPLEMENTAL TO THE CON GRESSIONAL MINING LAWS. II. LOCAL DISTRICT REGULATIONS. |