The commoner. (Lincoln, Neb.) 1901-1923, May 16, 1913, Page 2, Image 2

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matter where he not only has a constitutional
duty to perform, but where ho may bo assumed
to be able to judge of the effect of the legisla
tion upon our relations with other countries.
Ho pointed out the things which seem to him
unwise In the bill that has passed the senate.
Tho first words to which he calls attention are
"eligible to citizenship," which are as clearly dis
criminating as tho words "Ineligible to
citibenship," against which ho so earnestly
advises In tho second paragraph the prop
erty rights of thoso therein described are
defined as they are defined in the treaty. Ho
fears that this will raise a question of construc
t Hon and involvo tho subject In a lawsuit that
may be both Irritating and protracted. J 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 pass
might reduce to a minimum the unfavorable In
fluence it exerts, if that influence Is unfavorable.
If, for Instance, any bill that you pass dealing
with tho subject, is limited in its operations to
two yearsor even four years, but two. years
would give opportunity for the next legislature
to act upon tho subject it would afford an
opportunity for diplomatic effort with the hope
that the situation could be so Improved as to
make a re-enactment of the law unnecessary.
Assuming that the people of California will be
satisfied to reuch the end which they desire by
methods which will c.tuso the least friction be
tween this and other nations, this suggestion
is mado for the consideration of those who have
yet to act upon tho subject. (The suggestion
was afterward approved by the president.)
If tho legislature is willing to avoid the use
i Mle words "Glieihle to citizenship" or "in
eligible to citizenship" I am authorized to sug
gest that tho lino might be drawn at another
point, namely, between thoso whose right to
own land is defined by treaty and those whose
Hght to own land is not defined by treaty, tho
former to bo allowed to own according to the
terms of the treaty and the latter to be allowed
n'od J" ,Ule snjne terms that citizens of the
United States hold land. But the president
?nn8r0ti, TV0 keo?efor you at all times the
fact that he would prefer, if consistent with
your views of the state's interests, to have a
action deferred for a time sufficient to permit
him to employ diplomatic means.
In conclusion, let me recall his preferences as
they havo been stated to you before:
FirstThe postponement or action at this
mo. reminding you again that under your con
stitution the legislature can be convened at any
or the caso may require. a
Second- If action is deemed necessarv h
TVtfot ZL r'n, " '"" SH32i ly
ine suite of Illinois, where no distinction is
to te which" ?",? nnd a 'lberal Urn" rttowea
uuring winch an alien can hold land.
ThirdIf it is deemed necessary to still fur
tier restrict the holding of property, he refers
such a law as tho District of Columbia Sow -to
38. ns andn?oStnS f "tate la "conflnS
SiJSs: T&g SSSoST declaml their
fourth Whatever tho form of tho hw w
earnestly advises against words intended to
IMS ISIBB0" " toVi"
rr:arvt lzza sr
cboSuWyanUd noT SSSS
?ittonrrri,o,nn,nna '"ty ,22S
infHoH,?ro fSrtunato in this state in having the
initiative and referendum. The Initiati i!
you on to do that which you believe yoirVeS
want done while the referondin empower?
thoso for whom you speak to put their v52
upon your acts if you fail to reflect their wished
It may bo assumed, therefore, that if you ?2i
it your duty to enact any legislation nn ?
subject at this time, your people wiii0ni?ls
manifest their approval by acJZsqenle or heir
disapproval by submitting your action L Sr
judgment of tho voters byaSS onWorSi!
I leave you with renewed assurances of th
president's friendly concern in tho subTec? Uth
Which you are dealing and of my apXoiaUoS
The Commoner.
of the kind reception which you have accorded
mo as his spokesman.
Senator Gates replied as follows:
"If I may be permitted to speak tho senti
ments of this legislature at this moment, I beg
to convey to the secretary of stato of our nation
and through him to the chief executive whom
we delight to honor and obey in every respect
and to every degreo which we believe consonant
with our duty to our stato and with the work
entrusted to us upon this coast, I would say that
this legislature appreciates to its fullest degree
the honor that has been done to this stato by
the interest sh'own in the visit of the secretary
of state to join with us in ah endeavor to write
such legislation as shall bo for the protection
of our state, of our people, of our relations with
sister nations of tho earth.
"Wo realize that the visit of the secretary
of state upon a mission of this character, tra
versing the continent from coast to coast to co
operate with us to the end that we are seeking,
marks an era in American politics, marks that
degree of advance which we believe will be for
the benefit of the nation at large and the con
duct of public affairs hereafter in that it brings
the national government into closer touch with
that of the individual states and marks a further
advance in making of the states each a closer
integral part with the great family of states
of which this nation is composed.
.i"I,be!g furtner to express, upon the part of
this legislature, our profound appreciation and
gratitude for tho interest which has been taken
by the national government in tho problem that
confronts tho legislature of California, and to
assure the secretary of state and the president
of the United States that even though we may
differ in the phraseology and terms which we
may feel necessary to employ in legislation of
t ie kind which is responsible for tho visit of
the secretary of state, that we do it with the
profoundest respect for the opinions of the sec
retary of state and for those of the president,
and -if wo feel impelled to depart in the slight
est degree from the advice of the president, we
still do it with the highest respect for the wishes
of tho chief executivo of our nation.
Speaking finally, I wish to say, and I know
that I now express the sentiments of the legis
lature here, that it is the purpose and desire
upon tho part of this legislature, insofar as it'
finds or can find it consonant with "tho duty it
has to perform for the people of this state to
comply with tho wishes of the chief executive
and that we thank the president and h secret
tary of state for the assistance which they have
sTmav ? eXPreBS th0 hope " tSS
visit may be tho forerunner of further activi-
BlStephon ofati? government in assisting the
sisteihood of states composing file republic in
tdaofiec.f'their dUti6S - o
I beTrvT? behalf 0f.this gislature,
i i ? rryan' t0 express the thanks of tho
legislature to the president of the United States
for his interest and assistance, and o you o
S?niC0Urte?y and kindness with which yoS have
discharged your ambassadorship to the WiH
ture of the state of California' S a
w3he CuTtin resolution was as follow
Whereas, there are now pending in this S"
laturo certain bills, definim: the riht J S
Whereas, the president of the Unito du
has earnestly advised this legislature that ?2
passage of any bill discriminatmc ln9t !
particular nation or nations Ti6 ? aBy
' Whereas, it is deemed fit and nronnr w a
respect and consideration be given to tho ?
vice of the president of the Unit la q? ad"
that he be permitted to endeSo & accom'nh
the end and purpose desired by "the b kw f
tions, and bo it therefore naticn or na-
alien eligible to be?o o XTStWn'iSS
States raayactiuiro, posseBs, enjoy trnmV i
inherit real property )n tSs stato S aud
sssr sss tTtTat4r0r S
acquire, - posses, enjoy and transit
property In this gtate in the mannranrfn?
extent and for the purposes prescrlhSV lhe
treaty now exiting between ttSTuniSdJP
and the nation or country of which 1 oh e3
friA? sub3ect and -' S
president of the United States and thh Jh?
ture will not at this session pass th0 bilf J"
vised against, and be it further
Resolved by tho people of the state of Call
fornia represented in senato and VLmw
jointly that tho president of tho UnlteTsuS
be and is hereby requested to endeavor to 2!
such treaty or other agreement from any na
tion protesting against the passage of tho b t
under consideration as wilj effectually accom
plish the end and purpose herein mentioned, and
bo it further ' uu
Resolved, that if at any time during the pen.
dency of diplomatic effort the governor of Ca
fornia becomes convinced that the success of
such effort is improbable, he is hereby requested
to call an extraordinary session of the legisla
ture for the purpose of enacting such a land
law as the people demand; be it further
Resolved, that the secretary of the senate be
and he is hereby directed to forward a ro jy of
these resolutions to the president of the United
The California anti-alien bill as it passed the
legislature, is as follows:
Section 1. All aliens eligible to citizenship
under the laws of the Uriitdd States may acquire,
possess, enjoy, transmit and inherit real prop
erty, or any interest therein, in this state, in
the same manner and to the same extent as citi
zens of the United States, except as otherwise
provided by the laws of this state.
Section. 2. All aliens other than those men
tioned in section 1 of this act may acquire, pos
sess, enjoy and transfer Teal property, or any
interest therein, in this state, in the manner
and to the extent and for the purposes pre
scribed by any treaty now existing between the
government of the United States and the nation
or country of which such alien is a citizen or
subject, and not otherwise. .
Section 3. Any company, association or cor
poration organized under tho laws of this or
any other state or nation, of which a majority
of tho members are aliens other than thoso
specified in section 1 of this act, or in which
a majority of the issued capital stock is owned
by such aliens, may acquire, possess, enjoy and
convey real property, or any interest therein,
in this state, in the manner and to the extent
and for the purposes prescribed by any treaty
nT !xisting between tho government of the
united States and the nation or country of which
such members or stockholders are citizens or
subjects, and not otherwise.
Section 4. Whenever it appears to the court
in any probate proceeding that by reason of the
"provisions of this act any heir or devisee can
not take real property in this state which, but
tor said provisions, said heir or devisee would
r fnaS SUCh' th court instead of ordering a
distribution of such real property to be made
in the manner provided by law for probate sales
1 if 1 pronerty, and the proceeds of sucli sale
snail be distributed to such heir or devisee in
lieu of such real property.
Section 5. Any real property hereafter ac
quired in fee in violation of the provisions of
fh S aCJ y any allen mentioned in section 2 of
tnis act, or by any company, association or cor
poiation mentioned in section 3 of this act,
snail escheat to and become and remain the
property of the state of California. The attor
ney general shall institute proceedings to have
escheat of such real property adjudged and
entorced in the manner provided by section
1? nf he PolitIcal Code and title 8 part 3, of
Sefl , ! of Civil Procedure. Upon the entry
tn i JudSment in such proceedings, the title
n ,real PrPerty shall pass to the state of
California. The provisions of this section and
or sections 2 and 3 of this act shall not apply
to any real property hereafter acquired in tho
enforcement or In satisfaction of any lien now
existing upon, or interest in such property, so
Jong as such real property so acquired shall re
main the property of the alien, company, as
sociation or corporation acquiring the same in
such manner.
Section 6. Any leasehold or other interest
m real property less than the fee, hereafter
acquired in violation of the provisions of this
act by any alien mentioned in section 2 of this
.. l..vIBmu&