Territory of Montana v. Lee
Montana Supreme Court
Appeal from Second Distriet, Deer Lodge County. The judgment in this action was rendered by Knowles, J. A Territorial government is one of limited powers. Tbe people are only authorized to act by virtue of tbe Organic Act. Hep-hum v. Mllzey, 2 Cr. 445 ; Hew Orleans v. Winter, 1 "Wheat. 91. The “ Alien Law” is not upon a rightful subject of legislation.
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Appeal from Second Distriet, Deer Lodge County. The judgment in this action was rendered by Knowles, J. A Territorial government is one of limited powers. Tbe people are only authorized to act by virtue of tbe Organic Act. Hep-hum v. Mllzey, 2 Cr. 445 ; Hew Orleans v. Winter, 1 "Wheat. 91. The “ Alien Law” is not upon a rightful subject of legislation. It interferes with tbe primary disposal of tbe soil. 1 Kent’s Com. 431; Organic Act; Williams v. Bank, 7 Wend. 539; 2 Story on Oonst. 192; Scott v. Sctndford, 19 How. 395; Webster’s Speech on Foot Besolution, January, 1830. Tbe Territory cannot…
1Opinion of the CourtWade, C. J.
This is an action brought under and by virtue of an act of the Territorial legislature, entitled “ An act to provide for the forfeiture to the Territory of placer mines held by aliens,” Cod. Sts. 593. The act substantially provides that no alien shall *127be allowed to acquire any title, interest, or possessory or other right to any placer mine or claim, or to the profits or proceeds thereof in this Territory, and that whenever it shall be made to appear to any district attorney that any alien is in possession, occupation, use or enjoyment of any placer mine or claim, within the district of such…
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