18 Nev. 251 | Nev. | 1884
By the Court,
This is an application for a writ of mandamus to compel respondent, as surveyor-general and ex-officio land register of the state of Nevada, to receive the application of relator to purchase certain vacant non-mineral lands belonging to the state of Nevada. The only question to be determined is whether a citizen and subject of the Chinese empire, who is a resident of this state, is entitled, under the laws of the United States, or of this state, to locate or purchase any of the public lands belonging to the state of Nevada. The constitution of this state provides that “foreigners who are or may hereafter become, bona fide residents of this state,
It is admitted by the pleadings that relator is a resident of this state, and that he has complied with the laws of this state, and is entitled to the relief he asks, unless the fact that he cannot become a citizen of the United States deprives him of that right. We are of opinion that the constitutional provision above quoted is conclusive in favor of his right to apply for the lands described in his petition. There are no provisions in the constitution of the United States or in the existing treaties between the United States and China which deprive him of that right. No act authorized by the constitution cau be said to be against the public policy of the state.
Let the writ issue as prayed for by relator.