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The Commoner.
MAY 1G, 1913
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act, or by any company, association" or corpora
tion mentioned in section 3 of this act, shall
escheat to tho state o California. The attorney
general shall institute proceedings to have such
escheat adjudged and enforced as provided in
section 5 o this act. In such proceedings tho
court shall determine and adjudgo tho valuo of
Buch leasehold, or other interest in such real
property, and enter judgment for tho state for
the amount thereof, together with costs. There
uppn the court shall order a" sale of tho real
property covered by such leasehold, or other
interest, in tho manner provided by section 1271
of the code of civil procedure. Out of tho pro
ceeds arising from such sale, the amount of
tho judgment rendered for tho state shall bo
paid into tho state treasury and tho balance
shall bo deposited with and distributed by tho
court in accordance with tho interest of tho
parties therein.
Section 7. Nothing in this act shall bo con
strued as a limitation upon tho power of tho
state to enact laws with respect to the acquisi
tion, holding or disposal by aliens of real
property in this state.
Section 8. All acts and parts of acts incon
sistent, or in conflict with tho provisions of this
act aro hereby repealed.
An amendment was adopted permitting three
year leases.
- A
INTERESTING QUESTIONS
Following is a special dispatch to tho Chi
cago Record-Herald: Sacramento, Cal., May 7.
Interesting questions are being raised hero as
to what the courts of California might do with
tho anti-alien bill if it should becomo an opera
tive law. Senator Leroy A. Wright says tho
Webb bill affects all alien non-residents, who
through stock holdings in corporations own Cali
fornia land, for, ho says, no person who remains
a non-resident is eligible to citizenship.
The first, section of article 1 of the state con
stitution reads: "All men aro by nature freo
and independent and have inalienable rights,
among which aro those of enjoying and defend
ing life and liberty, acquiring, possessing and
protecting property, and pursuing and obtaining
safety and happiness."
It is held by eminent attorneys in this state
that tho words "all men" must include tho
Japanese.
Discussing ownership of land by non-resident
aliens of any nation in the light of tho
"ineligible to citizenship" feature of tho Webb
bill, Senator Wright said:
"I maintain, and I believe tho courts of Cali
fornia would bear me out, that no alien ia
eligible to citizenship in this state unless he
lives in this state. If that bo true, it follows
that the interests of the hundreds of German,
English, French and others who havo invested
their capital in California and have not becomo
residents, are jeopardized by tho Webb bill."
Following is an Associated Press dispatch:
Washington, May 9. Negotiations between
America and Japan regarding tho California
land legislation were formally initiated today
when Secretary Bryan had two meetings with
tho Japanese ambassador at the state depart
ment. While there had been a' number of ex
changes between the two officials since the in
ception of the California legislation, until today
they had been informal and based upon the de
sire of the Japanese government to avert an
open issue.
Today in anticipation of the consummation of
the legislation the Japanese government handed
in its informal protest which was considered
by the government and the cabinet as suffi
ciently weighty to call for deliberate treatment.
So it was arranged that Viscount Chinda again
should meet Secretary Bryan at the state de
partment at 9:30 o'clock tomorrow, by which
time the secretary may be in a position to givo
an answer to "the communication.
The nature of tho Japanese objections can
only be surmised, as by mutual agreement tho
parties to the conference refrained from dis
cussing it That It is basefd on tho general
charge that tho California law awaiting Gover
nor Johnson's signature would discriminate
against Japanese subjects, is believed to be cer
tain. It is not known whether a violation of tho
treaty is alleged or a broad charge made that
the principles of International la'w havo been
disregarded. However, the entire correspon
dence so far held on this subject, soon will bo
given to tho public, in tho United States as well
as in Japan.
A FINAL APPEAL TO GOVERNOR JOHNSON
Following are Associated Press dispatches:
Washington, May 10. The federal govern
ment's final effort to delay alion land owning
legislation in California waB mado tonight when
Secretary Bryan in tho namo of tho preBldont
tolegraphed Governor Johnson notifying him
that tho Japanese ambassador had earnestly
protested against tho bill passed by tho Cali
fornia assembly and urged that tho governor
postpone action by withholding his signature
Secretary Bryan's telegram, which was
framed after a conforenco with tho president,
was dispatched tonight and mado public at tho
White House a few minutes later. It was as
follows:
"Tho president directs mo to express his
appreciation of your courtesy in dolaying action
on tho land bill now beforo you until its pro
visions could bo communicated to tho JapanOBo
government. His excellency, Baron Chinda, on
behalf of his government, has presonted an
earnest protest against tho measure. As you
havo beforo you but two alternatives, viz.: to
approve or to veto, it will avail nothing to recall
to your attention the amendment suggested to
tho legislature, and as tho president has already
laid before you his views upon the subject, it Is
unnecessary to reiterate them.
"Ho passes over questions affecting treaty
rights for two reasons, first, because tho bill
passed by tho legislature is avowedly Intended
to conform to treaty obligations, and, socond,
because any conflict complained of would bo a
mattor for tho courts. But tho president feels
justified in expressing again his deslro that
action on tho subject bo deferred for this ses
sion and ho expresses the desire tho moro freely
because tho legislature can bo reconvened at
any time If tho welfare of tho stato requires it.
Ho is fully allvo to tho importance of removing
any root of discord, which may create antagon
ism between American citizens and tho subjects
of oriental nations residing hero, but ho is im
pelled by a senso of duty to express tho hopo
that you will seo fit to allow tlmo for diplomatic
efforts. Tho nations affected by tho proposed
law are friendly nations nations that havo
shown themselves willing to co-operate in tho
establishment of harmonious relations between
their pcoplo and ours.
"If a postponement commends Itself to your
judgment, tho president will bo pleased to co
operate in a systematic effort to discover and
correct any evils that may exist in connection
with land ownership by aliens."
Tho decision of tho administration to urgo
Governor Johnson to uso his power of veto to
postpone any land legislation was reached after
a series of conferences betweon tho president,
Secretary Bryan and John Bassott Mooro, coun
sellor of tho stato department, and frequent
calls at the department by Ambassador Chinda.
It was realized that any further attempt to
havo tho bill enacted by tho California legisla
ture amended would be fruitless, since Secre
tary Bryan's trip to Sacramento was unavailing
and the legislature is to adjourn next Tuesday.
Until Governor Johnson's reply is received
the government will make no reply to tho pro
test of Japan further than to acquaint the am
bassador with the fact that every possible effort
has been made to havo tho action in California
delayed pending a settlement of tho problems
involved by diplomacy.
Whether or not the governor complies with
the administration's request there probably will
be important diplomatic negotiations between
the United States and Japan Immediately. If
tho land bill is vetoed tho president and Mr.
Bryan will havo to undertake to carry out their
promise to accomplish through diplomatic ne
gotiations. There has been no intimation of what may bo
expected In tho event tho governor gives tho
bill his signature. However, a test in tho courts
is regaTded as a certainty If tho law becomes
effective, and In splto of tho silence at tho
Whito House and stato department there still
is talk outside of the possibility of employing
tho referendum as a means of delaying tho
effectiveness of tho proposed law for at least
two years.
NO CENSUS
Sacramento, Cal., May 11. It has been
agreed by tho majority leaders In tho legislature
that a bill introduced by Senator A. Camlnettl
providing for a new census of the Japanese
population of the stato and tho collection of
certain other statistics concerning residont
aliens of that nationality shall bo refused pas
sage. Administration leaders hold that the in
formation sought by Senator Camlnettl through
his census bill Is not pertinent now. His resolu
tion providing for tho appointment of a com
mission of five to present tho California case
before tho prosldont and congress Is likewise
doomed to defeat.
Theodore A. Boll, democratic loador and can
didate for governor two years ago who bollovos
tho Webb bill is useless on account of tho
clauso permitting leases, said tonight:
"If tho govornor signs tho alien land bill, a
referendum petition will bo in circulation nil
over tho stato within a few hours. Thoy aro al
ready printed and ready for distribution and it
will be only a matter of a short tlmo beforo the
necessary 20,000 signatures aro obtained."
THE PEACE MOVEMENT
Following Is an Associated Prosa dispatch:
Now York, Mny 9. William Jennings Bryan,
speaking at a dlnnor given tonight In honor of
tho foreign members of tho International con
forenco that Is arranging tho colebratlon of 100
years of peaco among tho English-speaking
peoples, declared that tho "now peaco plan
offorod by President Wilson to all nations Is the
latest and longeBt stop toward peaco."
"It contemplates tlmo for Investigation and
deliberation," he said, "and this makes the pos
sibility of war romoto."
Mr. Bryan's subject was "Progress Toward
Peaco."
Ho said that tho part of tho United States In
the cause of necessity must bo largo, "becnuso,
more than any othor nation, It had a population
which is attached by blood to nearly all othor
nations."
Peaco for all tlmo botweon the United States
and Groat Britain was the keynoto of othor
addresses of tho evening dollvorod by Lord
Woardalo, chairman of tho English delegation;
Sir Edmund Walker of Canada, Sir George
Houstous of Australia, and Judge George Gray
of Delaware.
Tonight's function marked tho last of many
that havo engaged tho delegates hero for a week.
Tomorrow they start for Boston.
Unstinted applause greeted all remarks that
emphasized the cordial relations botweon tho
two nations and tho causo of universal peaco
Is general.
Tho enthusiastic singing of "America" and
"God Save tho King" was one of tho features
of tho evening.
Joseph II. Chonto, former ambassador to
Groat Britain, acted as tonstrnnstor. At his loft
sat tho new British ambassador, Sir Arthur Cecil
Sprlng-RIco, and on his right M. da Gama, tho
Brazilian ambassador, dean of tho diplomatic
corps at Washington.
Mr. Bryan was Introduced after tho banquet
ers had drunk a toast to tho king of England and
tho president of tho United States. Tho secre
tary of stato said In part:
"We havo three great forces at work through
out the world, forces that work constantly and
Irresistibly and everyone of these forces makes
for peaco, I place them beforo you a growing
intelligence and Increasing understanding of the
doctrlno of brotherhood and a growing power
of the people to control their destines through
tho control of their government.
"This nation must bo willing to extend Ita
hand to all those who corao from any direction
in tho interest of peace. No nation shall out
strip us In Its advocacy of peaco.
"No othor nation Is better situated, or better
prepared to set an example in tho interest of
peaco than this and I am glad on this occasion
to make reference to tho act of our president
that embodies this thought in language.
"Two weeks ago yesterday at his direction
I summoned tho representatives of thirty-six na
tions represented at Washington that I might
fpr him simultaneously present through them
to their governments a proposition in which the
president expresses not only his willingness but
his desire to enter Into agreement with every
other nation, great or small that so far as our
nation and that contracting nation is concerned,
thoro will bo no war, no declaration, no com
mencement of hostilities until tho question im
dispute has been investigated by an Interna
tional tribunal and its report mado known.
"Now I believe that this proposition is a long:
step in tho direction of peace. It does not mean
to take tho placo of arbitration treaties make
all you can, submit to arbitration every question
which you can agree to submit, but when yon'
aro through you will find, at least wo have found
thus far, that there aro certain questions that
aro expected and that are so Important that they
themselves become the causo of war. It Is the
purpose of this plan to close the gap and to leave
no question to become a causo of war. It is the
belief of the president that when the treaties
have been mado between this nation and all
othor nations severally by which there will b
