Melville Fuller

“ It has therefore been repeatedly held that mining claims are property, in the fullest sense of the word, and may be sold, transferred, mortgaged, and inherited without infringing the title of the United States, and that when a location is perfected it has the effect of a grant by the United States of the right of present and exclusive possession. ”

“ We do not think that the transfer of a mining claim by a qualified locator to an alien is to be treated as, ipso facto, an abandonment, or that the analogy of such a case to the casting of descent upon an alien can be maintained. ”

“ The supreme court of Montana recognized the settled rule that an alien may take and hold land by purchase until office found, and that, if the alien become a citizen before his alienage has been adjudged, the act of naturalization takes effect by relation, but held that 'possessory rights to mining claims on the public domain of the United States,' although 'endowed with the qualities of real estate to a high degree,' did not come within that rule. ”