registered upon its books as such. It is not likely that such registry would show the political status of the stockholder. They may be all citizens in the original instance. And as the stock passes from hand to hand by indorsement, the corporation itself will not be able to trace it. Nor is it necessary that it should. Its acts are controlled entirely by the registered stock. Those in whose names the stock is recorded on the books of the corporation are the only stockholders recognized by the law. So far as the practical operation of the law in this respect is concerned, it is a dead letter. Of course, aliens and corporations would, in any event, hold until "office found." We are not aware of a single instance where the government has intervened and sought to enforce the forfeitures provided for by the act. With the admission of the remaining organized territories into the union, which will undoubtedly occur in the near future, the alien act of congress will become obsolete. TITLE IV. STATE LEGISLATION AND LOCAL DISTRICT REGULATIONS SUPPLEMENTING THE CONGRESSIONAL MINING LAWS. CHAPTER I. STATE LEGISLATION SUPPLEMENTAL TO THE CONGRESSIONAL MINING LAWS. II. LOCAL DISTRICT REGULATIONS. U CHAPTER I. STATE LEGISLATION SUPPLEMENTAL TO THE CONGRESSIONAL MINING LAWS. 248. Introductory. 249. Limits within which state may legislate. 250. Scope of existing state and territorial legislation - Subjects concerning which states and territories may unquestionably legislate. 251. Subjects upon which states have enacted laws the validity of which is open to question. 252. Drainage, easements, and rights of way for mining purposes. 253. Provisions of state constitu tions on the subject of emi- 2254. Mining as a "public use." 255. Rights of way for pipe-lines for the conveyance of oil and natural gas. 2256. Lateral and other railroads for transportation of mine products. 257. Physical and industrial conditions as affecting the rule of "public utility." 258. The rule in Nevada. 259. The rule in Arizona. 260. The rule in Georgia. 261. The rule in Pennsylvania. 262. The rule in West Virginia. ? 263. The rule in California. 2264. Conclusions. ? 248. Introductory. As preliminary to the analysis and general exposition of the law regulating the manner in which mining rights on the public mineral lands may be held, enjoyed, and perpetuated, it is appropriate that we define with reasonable certainty the limit and extent of legislative power conceded to the several states and territories by the express or implied sanction of the general government. We have heretofore shown that the federal system of mining law is composed of three elements: (1) The legislation of congress; (2) The legislation of the various states and territories. supplementing congressional legislation, and in harmony therewith; (3) Local rules and customs, or regulations established in different localities, not in conflict with federal legislation or that of the state or territory wherein they are operative.1 We have traced the evolution of this system through the different periods of our national history, from the embryotic stage, which had its genesis in the local rules and customs of the mining camps of the west, to the development of higher forms of law. While in this progressive development the primitive forms have not altogether disappeared, they have been relegated from the position of controlling importance to that of mere subordinate and subsidiary functions. It is entirely unnecessary to here retrace the steps by which the present results were obtained. In the early chapters of this treatise, we have endeavored to present such an historical review as will suf fice for all practical purposes and enable the student to acquaint himself with the process of crystallization which has given us as a resultant the existing unique system. We are immediately concerned with the present practical operation of this system, and need not here stop by the wayside to indulge in historical reminiscence. We are now to consider the general nature and scope of state and territorial legislation supplemental to the congressional mining laws, a minor subsidiary element in the system, but in its particular sphere important. 249. Limits within which state may legislate.When it is recognized that the government simply occupies. the status of a landed proprietor, holding the paramount title to its public domain, with the sole right of disposal upon such terms and conditions and subject to such limitations as it may from time to time prescribe, and that 3 See, ante, 81. 1 See, ante, 2 81. 2 See, ante, title II., chs. i-vi., ?? 28-81. |