The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-10-17
An Interesting Decision.

The right to purchase mineral lands
from the United States is regulated by
specific statutory provisions, prescrib-
ing the qualification and course nee
essary for initiating and maintaining
Il possessory title, and for perfecting
this right of possession into an abso'
lutte title. The benefits conferred by
these provisions are limited to citizens
of the United States, and those who
have declared their intention to be-
come such.
There is no restriction upon the
transfer of this right of possession or
possessorv title from one person to
another, before any application is
made to the United States to purchase
the land, if they possess the qnalifica-
tons requisite to enable them to initl-,
ate such possessOry title by discovery
of mineral and location of a claim.
But such conveyance of the possessory
title cannot be made the vehicle for
conducting the benefits of the laws
to the use of an ALLEN company or
corporation
The possessory title may be trans
ferred by the individual, or the COM
pany, owner to a trustee for the pur-
pose of having him take the necessary
steps for securing from the United
States an absolute title, in trust for
such individual or company; but the
fact that such trustee is Il citizen of
the United States will not enable him
to secure title from the United States
for mineral lands for the purpose of
conveying the same to an alien, indi-
vidual or corporation. 1t must be
shown affirmatively that the real par
ties, who will become entitled to the
beneficial interest have the requisite
qualifications as to citizenship. In
case the real party in interest is an
individual it must appear by his own
testimony that he is citizen of the
United States, before entry of lands
under the mining laws can be made
by another for his benefit. If an as
is entitled to the beneficial interest,
the citizenship of each individual con-
shutting the association must be
shown; but in that case it may be
made to appear by the affidavit of
their agent or trustee for purchasing
the land from the United States, pro-
vided such affidavit is based upon the
personal knowledge of the agent or
trustee as to the facts which invest
each member of the association with
citizenship. If an incorporated com
pany is entitled to the beneficial inter
est it must be shown by its articles of
incorporation that it was organized
under the laws of the United States
or of some state or territory of the
United States. An association incor-
porated in England for the purpose of
acquiring and working gold bearing
gravel in the United States, acquired
no right, under the mining laws of
the United States to purchase mineral
lands by filing with the Secretary of
State of the State in which it proposed
to operate, certificate of its incOrpor-
alton 1t is a we'll settled principle
that by the law of comfy among ma
tions-a corporation created by one
sovereignty is permitted to make con-
tracts in another, and to sue in its
counts. In this sense the yarions
states of the Union are separate SOW
ereignties and foreign t" each other,
and it is upon the principle of the
same law of comfy prevailing among
these several sovereignties of the Union,
that corporation OF one state, not
forbidden by the laws under which it
was created, may exercise within any
other state the powers conferred by it's
charter, unless prohibited by the leg
islation or public pol cy of the latter
state. .
But this right of exercising those
powers within the jurisdiction of
foreign sovereignty does not extend
them. not clothe the corporation with
qualities which it does not possess I'M
der the laws that created it. All it's
characteristics and powers are derived
from the laws of its origin. A corpor-
alton created under the laws of Eng
land does not possess the qualities of
citizenship within the United States.
1t Is not only foreign, but like an indi-
vlduai subject Of England, is an alien.
Under the naturalization laws an
alen OF twenty-one years of age and
upwards, who has enlisted Or may en-
list in the United States army and has
been or may be honorably discharged.
may become citizen of the United
States without previous declaration
OF intention SO to do; but it is held
that such service does not entitle him
to exercise the right of purchasing
mineral lands under the United States
Mining Laws
Reported for the JOURNAL by w. w.
Wiltshire, Late Examiner of Land and
Mining claims and Contests in the Gen
eral Land Office at Washington, ID. C.
Attorney at Law, Seattle, 210 Butler
Block.