v;xr ';'Kmwflgvna T"iflpa
The Commoner.
7
MAT 9, 1913
- -- -v .lf .
The Alien Land Bill in California
Tho alien land ownership bill previously
passed by tho California state senate was
passed by the California assembly on tho even
ing of May 3d. .
Mr. Bryan was present at an open. joint meet
ing of the senate and assembly just before his
departure for Washington. Tile Associated
Press makes the following report of this
session:
Secretary Bryan, in his address, voiced the
president's opinion that the words "eligible to
citizenship" substituted in the California attor
ney general's redraft of the alien land measure
for the words "ineligible to citizenship" are
equally discriminatory and thereforo equally
objectionable to Japan.
If a law must passfthe urged that it be limited
in its operation to two years in order that moan
while diplomacy might so improve the interna
tional situation that re-enactment by tho next
legislature would be unnecessary.
This suggestion, which had not reached the
president, he said, was made for the considera
tion of those who have yet to act upon the sub
ject." "As I am departing this afternoon for Wash
ington, I deem it proper that I should say a
final word to you. My coming at the president's
request on the mission that brought mo, was
unusual and yet in the president's opinion not
only right in principle, but wise in policy. It
was in keeping with his own course in appearing
in person to deliver a message to congress. -I
need not recount the experiences through which,
we have passed. The legislature, insofar as it
has acted has found it inconsistent with its
view of its responsibilities to follow the presi
dent's advice in the wording of the law which
it regards as its duty to enact. While I shall
not attempt to form a judgment as to the action
of the assembly on this subject, I have so fully
presented the president's views that I do not
deem a longer stay necessary. On tho contrary
IJteel that I can be more useful at Washington
When the president has before him the bill as
it reaches the governor if it shall finally pass
the assembly.
"I can not, however, take my departure with
out giving expression to appreciation of the
spirit in which as a representative of the presi
dent, I have been received and of the courtesies,
that have been shown me at all times. The'
amity that has characterized our Intercourse is
in keeplng.I think, with the course that should
be pursued by those who, acting under a sense
of responsibility about matters in which they
are jointly concerned, are unable to agree upon
the means to be employed for reaching the en,d'
in view.
"The president has impressed on me at all
times that 1 should emphasize the fact that his
only purpose is to confer with the legislature
as to the national and international phases of
the question under consideration, and that he
confers as a not unsympathetic friend who de
sires to aid to the extent of his ability in a mat
ter where ho has not only a constitutional duty
to perform, but where he may be assumed to
be able to judge of the effect of legislation upon
our relations with other countries.
"He has pointed out the things which seem to
him unwise in the- bill that has passed the
senate. The first words to which he calls atten
tion are 'eligible to citizenship,' which are as
clearly discriminating as the words 'ineligible
to citizenship,' against which he so earnestly
advises. In the second paragraph the property
rights of those therein described are defined as
they are defined in the treaty. He fears that
this will raise a question of construction and
involve the subject in a lawsuit that may be
both Irritating and protracted.
"I have submitted to him the suggestion
but owing to his absence from Washington just
at this time have been unable as yet to secure
an answer that a time limit upon any. bill
which you might pass might reduce to a mini
mum the unfavorable influence it exerts, if that
influence is unfavorable. If, for instance, any
bill that you pass dealing with the subject is
limited in its operations to two years, or even
four years, but two years would give oppor
tunity for tho next legislature to act on the
subject it would afford an opportunity for
diplomatic effort with the hope that the situa
tion could be so improved so as to make a' re
enactment of the law unnecessary. Assuming
that the people of California will bo satisfied
to reach the end they deslro by methods which
will cause the least friction betweon this and
other nations, this suggestion is made for tho
consideration of those who have to act on the
subject
"If the legislature Is willing to avoid the uso
of the words 'eligible to citizenship' or 'inoligiblo
to citizenship I am authorized to suggest that
the line might bo drawn to another point be
tween those whose right to own land is defined
by treaty, the former to bo allowod to own
according to tho terms of the treaty and tho
latter to bo allowed to hold on tho same terms
that citizens of the United States hold land.
"But the president desires me to keep before
you at all times the fact that he would prefer,
if consistent with your, views of tho states' in
terests to have all action deferred for a time
sufficient to permit him to employ diplomatic
means."
In summing up Secretary Bryan rehoarsed
the objections and the suggestions of tho presi
dent already made public and concluded:
"Having performed tho duty imposed upon
me by tho chief executive of tho nation, my
work Is done. You have listened patiently and
now the responsibility rests upon you to do what
you deem necessary, recognizing as you doubt
less do, that you act not only as tho represen
tatives of the state dealing with lands lying
within the state, but as tho representatives of
a state occupying a position among her sister
states and sharing with them an interest in and
responsibility for international relations.
"You are fortunate in this state in having
the initiative and referendum. The Initiative
spurs you on to do that which you beliove your
people want done, while the referendum emr
powers those for whom you speak to put their
veto upon your acts If you fall to reflect their
wishes. It may be assumed, therefore, that
If you feel it your duty to enact any legislation
on this subject at this time your people will
either manifest their approval by acquiescence
or their disapproval by submitting your action
to the judgment of the voters by means of
tho referendum.
"I leave you with renewed assurances of tho
president's concern in tho subject with which
you are dealing and my appreciation of the kind
reception you have accorded me as his spokes
man." What observations the secretary has to make
on his visit will be contained in his report to
the president, he had nothing to say of it hero.
SENTIMENT IN JAPAN
Following is an Associated Press cablegram:
Tokio, May 4. The Japanese press today ox
pressed a general appreciation of the efforts of
President Wilson in behalf of a land bill In
California that would be unobjectionable to the
Japanese.
Leaders of public opinion In Japan are advis
ing that an attitude of calmness bo maintained
in the present situation. Such men as Baron
Shibusawa and Chairman Natano of the Toklo
chamber of commerce, publicly assert their con
fidence that the American government and
people alike are opposed to discriminatory meas
ures of legislation. They declared that every
effort now must be made to discover and eradi
cate the root of antagonism to the Japanese In
California that amicable relations may be restored.
AN INTERESTING SITUATION
Following are Associated Press dispatches:
Washington, May 5. The Japanese embassy
was supplied by the state department today with
a copy oi the alien land-owning bill passed by
the California legislature, and the ambassador
will employ the time between now and Secre
tary Bryan's return to Washington In prepar
ing a formal protest against the measure. Ap
parently the embassy has no hope that any word
President Wilson may send after Secretary
Bryan returns will Influence Governor Johnson
to withhold his signature from tho act, so that
the only object of the protest will be to acquaint
the American people with the Japanese conten
tion and if possible to influenco tho executive
branch of tho government to endeavor to nullify
the action of tho California legislature. Tho
embassy will make known the ground of its
protest in a diplomatic note to Secretary Bryan.
It Is well understood that to settle the question,
no matter what may be tho point of objection,
will roquiro tho action of tho Unltod State
courts, and much consideration must bo given
to tho procoduro to bo followed in arranging for
a judicial tost of tho California law.
It will bo for Secretary Bryan to dotormlna
whether tho Unitod States government itself
shall bocomo a party to a suit of this character.
International lawyors hint that tho administra
tion Is in an exceedingly del lento position, for
tho roason that, while apparently a champion
of the Japanese causo through tho seccrotary of
stato before tho California legislature, probably
from this point on It must defend tho California
law against tho Japaneso diplomatic strugglo
about to begin. If tho department should adopt
tho California contention that tho land law doos
not violato tho existing treaty with Japan then it
might feel bound to refuso to submit .tho issuo
to arbitration by Tho Haguo tribunal.
Furthermore It Is contended that tho United
States government probably would bo unable to
enforce the decreo of the tribunal in ense It
should be adverse to California If the Ainorlcau
courts found that the stato acted within Its
rights in enacting tho law. No caso has yet
been found whore tho supromo court has pnssed
upon the relative forco of a treaty which in
vades the reserved constitutional powers of &
sovereign stato and of a conflicting law of such
a state. So tho state department has nothing
to guide it in that diroction and probably must
establish a precedent in disposing of this issuo.
It developed today that as a result of tho cen
tering of attention upon tho California situa
tion a number of diplomatic representatives in
, Washington have been Informally discussing
and conferring over alleged violations of trea
ties by many states of the union. Violations aro
said to have occurred particularly In connection
with cases Involving the disposition of property
of aliens who have died intestate In thin country
and In which local state courts have taken juris
diction in defiance of treaties. Altogether thero
aro Indications of a feeling of unrest that may
lead to demands upon tho national government
which could not be complied with without a
general rearrangement of the functions of both
tho federal and stato government.
President Wilson recoived today by telegraph
a copy of tho alien land bill passed by tho Cali
fornia legislature, now awaiting Governor John
son's signature. He let It bo known that tho
federal administration would tako no further
stop until Mr. Bryan returns Thursday with first
hand information. Mr. Wilson told his callers
that he had not received the formal protest of
Japan and intimated that after May 13, tho last
day for Governor Johnson to sign tho bill, somo
expressions might be expected as to whether it
would be In contravention to tho treaty with
Japan.
In the absence of instructions to the contrary,
Ambassador Chinda will not present Japan's for
mal protest until after Secretary Bryan returns.
In the meantime the embassy will have oppor
tunity to acqaint the Toklo foreign office of the
exact terms of tho bill and conditions in Cali
fornia and in Washington.
Meantime the government's legal experts ara
studying the Webb bill in an effort to locate
what may bo points of attack. Many official
here believe the lawyers of the California legis
lature have succeeded in framing a bill that
may successfully resist attack on tho ground
that It violates any provision of the treaty of
1911 between the United States and Japan.
In that caso Japan would need to rely upon
tho general provisions of international law to
secure relief from the threatened discrimination
it alleges. In somo apprehension that an effort
might bo made to connect the present case with
tho recent placing of orders for threo dread
naughta, tho Japaneso officials today declared
theso vessels were appropriated for by the last
diet before tho land legislation began in Cali
fornia and that placing orders at this time was
simply In execution of plans to cover a period
of years in naval development.
MORE DRASTIC TITAN EVER
Phoenix, Ariz., May 5. To take the place of
tho unenforced measures enacted a year ago, tho
lower house of the stato legislature passed an
anti-alien ownership bill today that is far more
drastic than the California legislation on tho
same subject. The act prohibits any alien who
has not declared intention to become a citizen
from acquiring title to real property. Oppon
ents of the bill, who wanted to exempt foreign
ers who were eligible to citizenship, but did not
caTe to foreswear allegiance to their native
land, were able to muster but six opposing votes.
The bill was sent to the senate, where present
prospects point to early passage.
s