those two states the national government owned no lands. The primary ownership was in the states, and not in the general government. Therefore, the states were at liberty to determine for themselves the policy to be pursued with reference to their own property.

This early California doctrine was subsequently repudiated.1

§ 22. Limit of state control after patent. It may not be out of place to here remark that the government of the United States does not concern itself with mining lands or the mining industry after it parts with the title. This title vests in the patentee absolutely, to the extent of the property granted. No royalties are reserved; nor is any governmental supervision (except, perhaps, in the isolated. case of hydraulic mines in California) attempted. Upon the issuance of the deed of the government, the mineral land becomes private property, subject to the same rules as other property in the state with reference to the transfer, devolution by descent, and all other incidents of private ownership prescribed by the laws of the state. The federal law remains, of course, a muniment of title; but beyond that it possesses no potential force. Its purpose has been accomplished, and, like a private vendor, the government loses all dominion over the thing granted. The state may not increase, diminish, nor impair the rights conveyed by a federal patent, but may, of course, and frequently does, exercise its police power and regulate the manner of working the mines, in the same manner that it might regulate any other industry. Briefly stated, property in mines, once vested absolutely in the individual, becomes subject to the same rules of law as other real property within the state.

1 Moore v. Smaw, 17 Cal. 199, 217; Doran v. C. P. R. R., 24 Cal. 245.

TITLE II.

HISTORICAL REVIEW OF THE FEDERAL POLICY AND LEGISLATION CONCERNING

MINERAL LANDS.

CHAPTER

I. INTRODUCTORY— PERIODS OF NATIONAL HISTORY.

II. FIRST PERIOD: FROM THE FOUNDATION OF THE GOVERNMENT TO THE DISCOVERY OF GOLD IN CALIFORNIA.

III. SECOND PERIOD: FROM THE DISCOVERY OF GOLD IN CALIFORNIA UNTIL THE PASSAGE OF THE LODE LAW OF 1866.

IV. THIRD PERIOD: FROM THE PASSAGE OF THE LODE LAW OF 1866 TO THE ENACTMENT OF THE GENERAL LAW OF MAY 10, 1872.

V. FOURTH PERIOD: FROM THE ENACTMENT OF THE LAW OF 1872 TO THE PRESENT TIME.

VI. THE FEDERAL SYSTEM.

CHAPTER I.

INTRODUCTORY..

25. Introductory - Periods of national history.

25. Introductory -Periods of national history.Positive law is the result of social evolution. Its development keeps pace with the intellectual and industrial progress of a nation. The history of a nation's laws is the history of the economic forces of which they are but the resultants, or, as aptly stated by a distinguished writer, "Each nation has evolved its existing economy as the "outcome of its history, character, environment, institu"tions, and general progress."

A brief historical review of the growth of our nation, its policy and legislation on the subject of mineral lands, and the discovery and development of its mineral resources, will materially aid us in arriving at a proper interpretation. of the existing system of laws governing the acquisition and enjoyment of property rights and privileges on the public mineral domain of the United States.

This branch of national history logically divides itself into four distinct periods, marked either by the occurrence of important events or emphasized by a distinctive change of national policy. These periods may be defined as

follows:

First-From the foundation of the government to the discovery of gold in California.

Second-From the discovery of gold in California until the passage of the lode law of 1866.

Third From the passage of that law to the enactment of the general law of May 10, 1872.

Fourth-From that event to the present time.

Ꭰ