"The Mining Acts throw open the public domain to citizens only, and to those who have declared their intention to become citizens.

"It would seem from their language that an alien could not locate a claim, and if he could not locate his holding by deed and perhaps by devise or descent, might be questioned.

"But the matter in its practical importance is controlled by the rule laid down in opinions of the Federal Supreme Court 4 that the question of ownership by an alien is a matter between himself and the government, and that as long as the government does not make inquisition to deprive him of his title, or become a party to proceedings to perfect the title, his title, even when he claims under his own location is good against all the world."5

1 U. S. Rev. Stat., Sec. 2319.

2 McKinley vs. Wheeler (1889), 130 U. S., 635. See, also, U. S. vs. Trinidad Coal, etc., Co.

(1890), 137 U. S, 168.

3 Thompson vs. Spray (1887), 72

Cal., 531. 4 152 U. S., 505; McKinley Co. vs.

Alaska Co., 183 U. S., 563.