after stating the case, delivered the opinion of the court.
Thе Coosaw Mining Company undoubtedly acquired by the act of 1870, and upon the conditions therein prescribed, the right, for the full term of twenty-one years, to dig, mine and remove phosphate rocks and phosphatic deposits in the navigable waters of South Carolina. But the right thus acquired was not made an exсlusive one. The State was at liberty, so far as that act was concerned, to grant similar rights to other associations, corporations or persons. This is not disputed.,
Did the appellant, by its acceptance of the act of 1876, ac *561 quire an exclusive yigM with respect to that part of Coosaw River then occupied for the purposes of its business ? If this question be answеred in the affirmative^-as, in view of the express language.of the act, it must-be — the State is, nevertheless, entitled to a decree, upon the issue as to the impaironent of the obligation of the alleged contract, unless it be held that that act gave an exclusive right to the Coosaw Mining Company, in perpetuity, conditioned only upon its meeting the terms prescribed by the third section, namely, that it would make true and faithful returns of the number of tons of phosphate rock and phosphatic deposits dug, mined, removed, shipped or otherwise sent to market, and pay the royalty as provided for in the first section of that act. It cannot be denied that the third section, if it be construed literally and without reference to other sections or to the act of 1870, will bear this interpretation. But the act of 1876, if interpreted, as it ought to be, in connection with that of 1870, will, to say the least, bear equally another construction, namely,that the right granted by the original act for the term of twenty-one years, was made, by the act of 1876, exclusive, only during the remainder of that term, as to the part of Coo-saw River occupied by the appellant’s works, “ so long as and no longer than ” it made the returns -and paid the royalty prescribed by the latter act. Under the latter сonstruction, the right of the appellant, by the 'acts of 1870 and 1876, to dig, mine and remove phosphate rocks and phosphatic deposits in the navigable waters of the State, ceased altogether after the expiration of twenty-one years from March 1, 1870. If the act of 1876 materially altered that of 1870, in respect to: the times and manner of making returns, or the royalty to be paid, the Coosaw Mining Company received in consideration therefor what it did not previously have, that is, an exclusive right, for a limited period, in the particular part of Coosaw River -which it occupied when the aсt of 1876 was passed.
If the act of 1876 is fairly susceptible of either of the constructions we have indicated, as we think it is, the interpretation must be adopted which is most favorable to the State.
*562
The doctrine is firmly established that only that which is. granted in clear and explicit terras passes by a grant of property, franchises or privileges in which the government or the public has an interest.
Rice
v.
Railroad
Co.,
The wisdom of the rule adverted to is well illustrated by the present' case. Neither the title nor the preamble of the act of ' 1876 suggests the purpose on the part of the Coosaw Mining Company, or of any other association or corporation, to obtain, or the intention of the legislature to grant, a new right to dig, mine and remove phosphate rocks and phosphatic dеposits, much less a grant of such a right in perpetuity. The title discloses only a purpose to settle definitely the time for making returns of rocks and deposits, so dug, mined and removed, to establish the royalty to. be paid, and to fix the terms on which the act might be accepted by the parties named in it.' If the pаrties, so named, had in mind to acquire a grant for an indefinite period, their purpose was concealed under the general words in the title, “ and also to fix the terms on which this act may be accepted by the parties named therein.” Turning to the preamble, which has been said to be a key to open the understanding of a statute, we find that the occasion of the passage of the act of 1876 was a dispute between the Coosaw Mining Company and the comptroller general of the
*563
State, not as to the right of that company to dig, mine and remove phosphaté rock and phosphatic deposits, but only as to the times and manner in which it should-make its returns, and pay the prescribed royalty ; and that “ for remedy thereof” the act was passed. Neither the title nor the preamble indicates a purpose to enlarge the right given by the act of 1870 for twenty-one years to one for an indefinite period. While express provisions in the body of an act cannot be controlled or restrained by the title or preamble, the latter.may be referred to when ascertaining the meaning of a statute which is susceptible of different constructions. In
United States
v. Fisher,
It results that the contention of the State must be sustained, whether we apply the rule requiring public grants to be favorably construed for the government, or whether, independently of that rule, we give effect to' the intention of the legislature as disclosed by the words of the statute.
It is contended by the appellant that this case is not one of which a court оf the United States, sitting in equity, could take cognizance. In meeting this question, the counsel for the State have placed some reliance upon the provisions in the act of 1890 authorizing the Board of Phosphate Commissioners, In the name and on behalf of the State, “ to take such measures or prоceedings, as they may be advised are proper, to enjoin and terminate” any molestation, interference or obstruction of the peaceable possession and occupation for mining purposes of the navigable streams of the State, either by the Board, or by any one licensed or authorized by it, and to take such action, for and in behalf of the State, as they deem proper for the protection of its interests. This statute .is not important here except as showing the authority of that board to bring suits, in the name of or for the State, to protect its interests. The suit may havе been cognizable in the state court, sitting in equity. But if it was not one of which the Circuit Court of the United States, sitting in equity, could properly take cognizance,
(Payne
v. Hook,
The grounds of equity jurisdiction in such cases as the one before us are, substantially, those upon which courts of equity interfere in cases of waste, public nuisance and purpresture.
The case of
United States
v.
Gear,
In
City of Georgetown
v.
Alexandria Canal Company,
In Attorney General v. Richards, 2 Anstr. 603, an infoimation in equity in the name of the Attorney General, to restrain the erection of wharves.and docks in a certain harbor, and to abate those erected, was sustained, the court observing that “ where the King claims and proves a right to the soil, where a purpresture and nuisance have been committed, he may have a decree to abate it.” In Attorney General v. Forbes, 2 My. & Cr. 123, 133, it was said by. the Lord Chancellor that “in informations and proceedings for the purpose of preventing public nuisances, the ordinary course is for the Attorney Genеral to take it on himself to sue as representing the public.” In reply to the suggestion that an application to the High. Court of Chancery to prevent a nuisance to a public road was never heard of before, he said: “ Many cases might have been produced in which the court has interfered to prevent nuisances to public rivers and to public harbors; and the Court of Exchequer, as well as this court, acting as a court of equity, has a well established jurisdiction, upon a proceeding by way of information, to prevent nuisances to public harbors and public roads; and, in short, generally to prevent public nuisances.” So in Gibson v. Smith, 2 Atk. 182, in which an injunction was sought to restrain a defendant from opening mines upon an estate held by him under a deed containing reservations against waste, and the opening of mines, and in''which, it was objected that the matter was not for the determination of a court' of equity, Lord Chаncellor Hard *566 wicke said: “ The plaintiff may certainly come into this court to restrain the defendant from opening the mines, etc., even if he has only threatened tó do it; nor is it necessary the plaintiff should have waited till the waste is actually committed, where the intention appears, and the defendant, even by his answer, insists on his right to do it.”
An instructive case upon this subject is
Attorney General
v.
Jamaica Pond
Aqueduct,
These principles are applicable to the present сase. The remedy at law for the protection of the State in respect to the phosphate rocks and phosphatic deposits in the beds .of' its navigable waters is not so efficacious or complete as a perpetual injunction against interference with its rights by digging, mining and removing such rоcks and deposits without its consent. The Coosaw Mining Company, unless restrained, will not only appropriate to its use property held in trust for the public, but will prevent the proper administration of that trust, for an indefinite period, by obstructing others, acting under lawful authority, from enjoying rights in respect .to that proрerty derived from the State. These conflicting claims cannot be so effectively or conclusively settled' by proceedings at law, as by a comprehensive .decree covering all the matters in controversy. Proceedings at law.or by indictmer can only reach past or present wrоngs' done by the appellant, and will not adequately protect the public interests in the future. What the public are entitled to have is security for all. time against illegal interference with the control by the State of. the digging, mining and ■ removing of phosphate rock and phosphatic deposits in the bed of Coosaw Kiver. Such security was properly given by the decree below.
Decree affirmed.
