Idaho.-An act of the legislature of this state provides as follows:

"That any person, whether citizen or alien (except as hereinafter provided), natural or artificial, may take, 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 reduc"tion 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 act."1

The rule as to other classes of real estate is different.?

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."

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. 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.3

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,

Idaho Stats., 1890-91, p. 118.

2 Id. 108.

3 Const., art. iii., ? 25.

*Const., art. i., 25.

Comp. Stats. Neb. 1893, ch. lxxiii. § 70.

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.'

North Dakota.-Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state.2

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."3

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 neces- . sary or convenient to carry into effect the objects of its organization, and also any interest in real estate, by mortgage or otherwise, as security for moneys due or loans made by such corporation.1

South Dakota.-The constitution of this state provides that:

"No distinction shall ever be made by law between resi"dent aliens and citizens in reference to the possession, 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.

Washington. It is provided by the laws of this state

that—

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Any alien, except such as by the laws of the United "States are incapable of becoming citizens of the United "States, may acquire and hold lands, or any right thereto

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or interest therein, by purchase, devise, or descent, and "he may convey, mortgage, and devise the same, and if he "die intestate, the same shall descend to his heirs; and in "all cases such lands shall be held, conveyed, mortaged, "or devised, or shall descend in like manner and with like "effect as if such alien were a citizen of this state or of the "United States." 1

Wyoming. There is no distinction between aliens and citizens, with reference to property rights."

Utah. While Utah was still a territory, it was subject to the alien act of congress. There is nothing in its recently adopted constitution or its laws discriminating between citizens and aliens on the question of property rights. The territorial statute regulating the right of aliens to take by succession, requiring them to claim their inheritance within. five years, is still in force, by virtue of its constitution."

3

ARTICLE IV. GENERAL PROPERTY RIGHTS OF ALIENS IN THE TERRITORIES.

242. Power of congress over the 244. General scope of the alien territories. act-Opinion of Attorney-General Garland.

243. The alien act of March 3, 1887,

and the territorial limit of

its operation.

2242. 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."

1 Hill's Stats. and Codes 1891, vol. i., ? 2955.

2 Const., art. i., ? 29.

3 Laws 1884, p. 77, ? 20.

Art. xxiv., 2.

5 Justice Bradley, in Mormon Church v. United States, 136 U. S. 1, 42.

As was said by Chief Justice Marshall,

Perhaps the power of governing a territory belonging "to the United States, which has not by becoming a state "acquired the means of self-government, may result neces"sarily from the facts that it is not within the jurisdiction "of any particular state, and is within the power and juris"diction 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."'

And by Chief Justice Waite,—

Congress may not only abrogate laws of the territorial "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 peo"ple under the constitution of the United States may do "for the states."

These propositions are elementary and self-evident."

243. The alien act of March 3, 1887, and the territorial limit of its 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 Ameri"can citizens," "4 the first two sections of which are as follows:

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"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 territories of the United States, or in the District of 1 American Ins. Co. v. Canter, 1 Peters, 511, 542. "National Bank v. Co. of Yankton, 101 U. S. 129, 133. 3 Mormon Church v. United States, 136 U. S. 1, 43. 424 Stats. at Large, 476.

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"Columbia, except such as may be acquired by inheritance "or in good faith in the ordinary course of justice in the "collection of debts heretofore created; provided, that the prohibition of this section shall not apply to cases in "which the right to hold or dispose of lands in the United "States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to "exist so long as such treaties are in force, and no longer.

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"SEC. 2. That no corporation or association more than "twenty per centum of the stock of which is or may be "owned by any person or persons, corporation or corpora"tions, association or associations, not citizens of the United "States, shall hereafter acquire, or hold or own any real estate hereafter acquired in any of the territories of the "United States or of the District of Columbia."

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By section four the attorney-general. is directed to enforce the forfeitures provided for by the act, by bill in equity or other proper process.

Whatever legislation theretofore existed in any of the territories upon the subject of alienage, it became inoperative and ineffectual, and thenceforward had no potential existence. Since the passage of this act, all of the then organized territories except New Mexico and Arizona have been admitted into the union. Unquestionably, the alien act is in force in these territories, and will so remain until it is repealed or they are admitted to statehood. Does the act apply to Alaska?

The act prohibits persons not citizens or who have not lawfully declared their intention to become such, and corporations not created by or under the laws of some state. or territory of the United States, from hereafter acquiring, holding, or owning real estate so hereafter acquired, or any interest therein, in any of the territories of the United States or in the District of Columbia.

Was Alaska a territory at the time this act was passed, within the meaning of the law? Popularly, it has never been so considered. By the act of July 27, 1868,' it was created a customs district, and called the District of Alaska.

115 Stats. at Large, 240.