Naglee

By the Court,

The legislature, at its last session, passed an act, requiring foreigners, in order to entitle them to the privilege of mining in this state, to procure a license for that purpose, and prohibiting all foreigners, who had not such license, from working the mines.

It will be unnecessary to examine the questions in relation to the authority of the attorney general to institute the suit, and whether this form of proceeding is an appropriate method to test the constitutionality of the statute; inasmuch as we have to come the conclusion, that the judgment of the superior court should be affirmed, irrespective of the correctness of the respondent’s positions upon these points.

The points on the part of the appellant, which will be considered, are, that the act of the legislature is in conflict; first, with the constitution of the United States ; secondly, with treaties of the United States with foreign nations; thirdly, with the treaty of Querétaro in particular; and fourthly, with the bill of rights and the constitution of California.

First. Does the act in question violate the constitution of the United States % The appellant contends that it is an usurpation of the…