66 66 66 "hold, and dispose of mining claims and mining property, real or personal, tunnel rights, millsites, quartz"mills and reduction works, used or necessary or proper "for the reduction of ores, and water rights used for mining or milling purposes, and any other lands or property necessary for the working of mines or the "reduction of the products thereof; provided, that "Chinese, or persons of Mongolian descent not born. "in the United States, are not permitted to acquire "title to land or any real property under the provisions "of this title."1 But aliens are prohibited from acquiring other kinds of real property.2 Montana.-Aliens and denizens have the same right as citizens to acquire, purchase, possess, enjoy, convey and transmit, and inherit mines and mining property, and milling, reduction, concentrating, and other works, and real property necessary for or connected with the business of mining and treating ores and minerals.3 Resident aliens may take generally by succession the same as citizens, but a non-resident foreigner only if he appears and claims the succession within five years after the death of his decedent." Nebraska.-No distinction is made between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property. But non-resident aliens and corporations not incorporated under the laws of the state are prohibited from acquiring title to or taking or holding any lands or real estate by descent, devise, purchase, or otherwise. This provision is inoperative as against citizens of France, by reason of a treaty." Exception is made in favor of a widow and heirs of aliens who acquired lands prior to the adoption of the constitution. These may hold by devise or descent for a period of ten years; but within that period they must be sold to a bona fide purchaser, or suffer escheat.1 Nevada.-Any non-resident alien, person or corporation, except subjects of the Chinese empire, may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the state of Nevada, as fully, freely, and upon the same terms and conditions as any resident, citizen, person, or domestic corporation.2 North Dakota.-Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state. And aliens may take by succession as well as citizens.* Oregon." No Chinaman, not a resident of the state "at the adoption of this constitution, shall ever hold any "real estate or mining claim, or work any mining claim "therein."5 White resident foreigners shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native-born citizens." Aliens may acquire and hold lands or interest therein, by purchase, devise, or descent, the same as if they were native-born citizens. Foreign corporations not prohibited by the constitution from carrying on business in the state may acquire, hold, use, and dispose of all real estate necessary or convenient to carry into effect the objects of its organization, and also any interest in real 1 Comp. Stats. Neb. 1893, ch. lxxiii, § 70. • Cutting's Comp. Laws of Nevada, § 2725. * Rev. Code 1899, § 3277, p. 834. •Id., p. 890. • Const., art. xv, § 8. See United States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. Rep. 456. 6 Const., art. i, § 31. estate, by mortgage or otherwise, as security for moneys due or loans made by such corporation.1 An alien woman is entitled to dower in the property of the estate of her deceased husband.2 An alien may take title to an unpatented mining claim by descent in this state. South Dakota.-The constitution of this state provides that "No distinction shall ever be made by law between "resident aliens and citizens in reference to the posses"sion, enjoyment, or descent of property.' Legislation as to non-resident aliens is permissive, but there is no statute on the subject. Hence non-resident aliens occupy the status of citizens or resident aliens, with reference to the acquisition and enjoyment of property. Utah.-There is nothing in its recently adopted constitution or its laws discriminating between citizens and aliens on the question of property rights. Aliens may take in all cases by succession as well as citizens." Washington.-It is provided by the laws of this state that "The ownership of lands by aliens other than those "who in good faith have declared their intention to "become citizens of the United States is prohibited in "this state, except where acquired by inheritance, under mortgage, or in good faith in the ordinary course of justice in the collection of debts; and all conveyances "of land hereafter made to any alien, directly or in "trust for such alien, shall be void; provided, that the 66 66 'Hill's Annot. Stats. 1892, § 2988. Lohman v. Helmer, 104 Fed. 178. Rev. Stats. 1898, § 2847. 66 "provisions of this section shall not apply to lands containing valuable deposits of minerals, metals, iron, 66 coal, or fire-clay, and the necessary land for mills and "machinery to be used in the development thereof and "the manufacture of the products therefrom. Every corporation the majority of the capital stock of which " is owned by aliens shall be considered an alien for the purposes of this prohibition." 1 66 66 Wyoming.-There is no distinction between resident aliens and citizens with reference to property rights.2 ARTICLE IV. GENERAL PROPERTY RIGHTS OF ALIENS IN THE TERRITORIES. 242. Power of congress over the 243. The alien acts of March 3, territories. 1887, and March 2, 1897, and the territorial limit of their operation. 242. Power of congress over the territories. - The power of congress over the territories of the United States is general and plenary, arising from and incidental to the right to acquire the territory itself, and from the power given by the constitution to make all needful rules and regulations respecting the territory or other property belonging to the United States.3 66 As was said by Chief Justice Marshall, 66 Perhaps the power of governing a territory belong"ing to the United States, which has not by becoming a state acquired the means of self-government, may "result necessarily from the facts that it is not within "the jurisdiction of any particular state, and is within 1 Const., art ii, § 33; State v. Morrison, 18 Wash. 664, 52 Pac. 228; State v. Hudson Land Co., 19 Wash. 85, 52 Pac. 574. See, also, Ballinger's Annot. Codes and Stats. 1897, § 4548. • Const., art. i, § 29. Justice Bradley, in Mormon Church v. United States, 136 U. S. 1, 42, 10 Sup. Ct. Rep. 792. "the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of "the right to acquire territory. Whichever may be the source whence the power is derived, the possession of it is unquestioned."1 66 And by Chief Justice Waite, Congress may not only abrogate laws of the territo"rial legislatures, but it may itself legislate directly "for the local government. It may make a void act of "the territorial legislature valid, and a valid act void. "In other words, it has full and complete legislative "authority over the people of the territories and all the "departments of the territorial governments. It may "do for the territories what the people under the consti"tution of the United States may do for the states."2 These propositions are elementary and self-evident.3 8 243. The alien acts of March 3, 1887, and of March 2, 1897, and the territorial limit of their operation.Congress having this unquestioned power to establish rules of property in the territories, on March 3, 1887, passed an act entitled "An act to restrict the ownership "of real estate in the territories to American citi"zens," the first two sections of which are as follows: "SEC. 1. That it shall be unlawful for any person or persons not citizens of the United States, or who have "not lawfully declared their intention to become such "citizens, or for any corporation not created by or "under the laws of the United States or of some state "or territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired, or any "interest therein, in any of the territiories of the United "States, or in the District of Columbia, except such as may be acquired by inheritance or in good faith in the 66 66 1 American Ins. Co. v. Canter, 1 Peters, 511, 542. * National Bank v. County of Yankton, 101 U. S. 129, 133. 3 Mormon Church v. United States, 136 U. S. 1, 43, 10 Sup. Ct. Rep. 792. 24 Stats. at Large, p. 476. |