The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-07-01
The Chinese Question.
NUNSER TWO.

In our last issue We closed our article O,
the ''Chinesc Question with the inquiry
whether existing laws furnish, or can b
made TO furnish, to the people Of Montan
Nh adequate remedy for present and futur
evils, growing out Of the excessive immi
grafton Of Chinese. We propose briefly Il
answer this inquiry.
We have nv hesitation in saying that ou
people have the matter in their control, ant
That the remedy can easily and hwfully b'
applied. As the object Of these articles ],
merely to arouse public attention to the sub
,Jcct, and not 10 discuss it 1t large. We shal
ccn,cnt ourselves with simple statement
of the points involved. and the citation OF
. few sas.utes and quotations from promi'
ECnt law writer's.
But o very small number of quartz. OF
placer mines will, for obvious reasons, ever
bc prc.cmptcd under the United State.
.nining law. Tho expense and delays In
securing u government title will always b
suiIicien. inducemcnt 70 tho great body oi
our miners to remain content with the ''Fos.
sessory RIghts" which occupation under the
local mining custom secures. Hence any
remedy which proposes 10 be adequate and
cffcctual must he directed against such
rights being acquired or held by Cinnamon.
Possessory Righs to public lands in Nia
Territory arc real estate.
The Common Law of England, both by
the general principles of American law and
also by special adoption, Is the law Of this
Territory, except when locally inappiicablc.
BY this Common Law q ossessory Right''
to land ~ against all claimants Il reas e.
ssate. The Uaitcd States government by
lcgslizing the occupation Of the mineral
lands for mining purposes, has Withdrawn
from the miner the character of . trcspasssr,
and conferred upon him valid title, upon
condition that he continues to occupy his
claim under the local customs Independ.
ont of apatent from the government the
miner now has; by virtue of occupation
alone. title in fec to lis mining claim, on
condition of continued occupancy under
the local customs. Upon compliance with
this condition he can hold his claim against
tho government itself during his life, and
upon Ills death, transmit It to his heirs
The title which he holds comes within the
common law definition of ''rcal estate. {"
In addition to this, our Territorial laws pro.
vide that: Tho term real estate, a. used
''in this act. shall be construed rs co.cxtcn.
''sive with lands, tcnemcnts and hcrcdita.
'Incnts and possessory titles to public lands
"in Mis Territory."-[Banuack Statutes,
p iS3, sec. a.
Rem! essate cannot Be held BY an alien.
BY the Common LAW (Which to-day Is the
law Of tho Territory an alien could not hold
real estate. lie might purchase, but could
not hold it, Is against the S;atc.-
The reason of this was that an alien innu.
cncc would otherwise 10 built up in the
country, hostile 10 the government which
shielded The alien with the protection of its
laws: hence the prohibition to hold any
landed properly.
THE case of an alien born is also pecul.
'isr. For he rnny purchase my thing (viz,
''any kind of real property, but after pur.
''clase he can hold nothing except lease
''for years of a house for convenience of
merchandise. in case he be an alien friend.
"All other purchases (whcn found by OH in.
quest Of office) being Immediately forfeit.
led 10 the Crown."-[2 Black. Com. p 203.
Though an alien may purchase land, or
"take Il by devise, yet lie is exposed 10 the
danger of being Invested Of the fee, and Of
shaving his lands forfeited to the State up.
ION an inquest of Office found."-ls Kenfs
Cam. p o..
From this it will be seen that m alien
mny take by purchase or otherwise, title
10 real estate. hut that his title is subject to
forfeiture on. ''inquest of office found"
that is, upon the institution by the State of
direct proceeding against him for the pur.
pose of securing it, forfeiture on account
Of lie alienagc. ."a ''"
The Territory may enforce ~ Common
lao rule prohibiting a!sens to hold rea! estate
The only Limitation upon the Legislative
powcrs OF tho Territory contained in the.
Organic Act Is that The Territorial laws
shall he consistent with tho Constitution
land laws Of tho United States" Within
tho boundaries of this limitation, the Teri.
tory hos Unlimited powers Of legislation, in
the first instancc. although subject to the
power Of Congress TO repeal or snsul its
statutes. The Constitution 10 silent upon
this subject, and Territorial legislation en-.
forcing the. Commop Law rule upon the
subject Of aiiepass would NOT be in conflict
with any Of tho laws Of CongrcsA There
secma 70 be . general impression that the
'Civil Rights Bill" and tho recent lav 10
enforce the 18th amendment confer upon
aliens the seine civil and political rights in
the States and Territories where they may
reside, = arc possssaed BY The white citizens
Of the same. This 10 . mistake The oaly
portion of tho .Ciyil Rights Biu" having
any nnnarcnt nonnacfi0n with fhia suhieck