to the government. In some of the countries
of South America the state exercises eminent domain even over the
surface deposits; and in others even sub-surface minerals remain in
private ownership, where specifically granted, or where the transfer of
property took place prior to certain dates.

Where the government has acquired mineral ownership of lands previously
alienated, the resources are open for development either by the owners
of the surface or by others, on a rental, lease, specific tax, labor, or
concession basis. The government holds the title, exacts tribute, and
more or less directs and controls the operation. Exceptionally, as in
Ontario, British Columbia, Quebec, and Newfoundland, the government
grants patents, that is, it disposes of its rights to purchasers.

ON THE PUBLIC DOMAIN

Where the development of mineral resources began before the lands had
passed from governmental ownership, special mining laws were enacted.
Looked at broadly, these laws may be regarded as based on two partly
conflicting considerations.

(1) The assumption that mineral resources, which are wasting assets,
accumulated through long geologic periods, are peculiarly public
property,--not to be allowed to go into private ownership, but to be
treated as a heritage for the people as a whole and to be transferred to
posterity in the best possible condition. Some of the early minerals to
be developed were used either for money or for war purposes, leading
naturally to the acceptance of the idea that these belonged to the
government or to the sovereign.

(2) The assumption that the discovery and development of mineral
resources requires a free field for individual initiative, and that the
fewest possible obstacles are to be put in the way of private ownership.
Governments have not as a rule been greatly interested nor particularly
successful in exploration. Therefore, in framing laws of ownership,
concessions have been made to encourage private initiative in
exploration and development. In the case of the United States this idea
was coupled with the broad doctrine that the government held public
lands only in the interest of the people, and that its people were
entitled to secure these lands for private ownership with the least
possible restriction.

A survey of the mining laws affecting the public domain or
non-alienated lands of different parts of the world, as well as the
history of changes in the mining laws, indicates a wid