Jl Magazine for your Reading Table
CONTRIBUTING
EDITOR rAtxfc
Uncle Sam and the
Japanese Landlord
By the Hon. George C Perkins
United States) Senator from California
THE alien land legislation of California, barring
'foreigners who Can not become citizens, which
includes Japanese, from the ownership of land
and only allowing three year leases involves three
questions: the rights of -California, the rights of
Japanese in this country and the obligations of the
Federal government to Japanese resident here under the American
Japanese treaty.
The control of land that has passed out of the possession of the
Federal government has always been under state sovereignty. In
whom the ownership shall rest, in what manner it shall be acquired
and how it shall be held has always been regulated by state laws.
Arizona, Washington and Federal territories prohibit the acquisition
of lands by aliens who can not become citizens. For these reasons,
California holds the state is within her sovereign rights in passing
her alien land laws. -
The reasons for the citizens of California demanding the Legisla
tion they did was not in my opinion based upon any assumption of
Senator George C Perkins
tion should see in this an assumption of inferiority,
for in my opinion none was intended. No such
charge was made when Congress placed the same
provision in the Burnett Immigration bill.
The State's Power to Legislate
"THE Japanese are furthermore naturally perplexed
by the division of power in this country between
the. Federal and State governments. They assumed
that the friendly terms of the treaty estopped any
division of this government from passing any legis
lation considered obnoxious. In addition, the Jap
anese point to a law recently framed permitting for
eigners to own land in Japan, but not yet promulgated by Imperial
decree. It is also contended that the Japanese own a very small per
centage, something under one per cent, of California land. For these
reasons, the Japanese insist the legislation is discriminatory and im
plies inferiority.pnv-their part. I think both the Federal government
and CalifornlaSripuld correct this mistaken impression and show that
it is merely jhe sta'te's objections to mixing races greatly differing in
physical, characteristics and customs. ,
TheVgederal government is of course bound to do everything pos
sible toynaintain treaty rights of foreigners. California, however, has
shown hercdesire to observe treaty obligations by twice deferring pro
posed legislation at the wish of the" Federal government. I think in the
A. 1 1 1 1 1 1 . 1
inferiority on the part of the Japanese, .but arose from problem's; born present case she has also religiouslye.observed national obligations
of the mixing of more or less unassimilable races. The"Jtipahese -The treaty .in my opinion does not provide for the ownership of land
are a bright, industrious and highly intelligent race and their adapta- Jbryjapanese. One clause grants rights to Japanese in this country
f IIF...I a! f il. 1 tt r Atr- ' 1J A A:?'' .T T (1 r" F . ... -i
lion oi western civilization was one ui xnc rcmaritauic events oi xne utiuiucu Americans in japan.
nineteenth century.
Race Purity the Real Issue
pALIFORNIA believes,
however, that their pres
ence in large numbers and
their permanent rooting in the
soil through the 'acquisition
of farming lands will result in
the division of her population
along race lines. Unification
of different races is only pos
sible by inter-marriage: Cali-
fnminnR rrcrarA tnis ns imhns-
- -------- 1 i
the Japanese themselves view
these unions with disfavor.
How far the mixture of the
races has gone is shown by the
fact that in one of the grades
of the public schools at Florin
which Secretary of State
Bryan visited there were
twenty Japanese pupils in one
classroom and only nineteen
American children. In Sacra
mento County, outside the city
of Sacramento, the number of
births recorded for 1912 were
274, of which 107, or 30 per
cent, were Japanese.
The Japanese contend that
the treaty gives them the right
to own land, but their objec
tions to the alien land legisla
tion is mainly based upon
charges of discrimination.
This arises from differentiat
ing between those who can be
come citizens and those who
can not, as provided in the nat
uralization laws of this coun
try, the lower courts so far
having decided against Jap
anese in this respect. It is un
fortunate that a friendly na-
Personally
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OP
So -far, foreigners cannot own an inch
of ground in Japan. It is en
tirely a treaty of reciprocity
and as Japan forbids the own
ership of land to foreigners it
seems fair to me to prohibit
ownership here when done
without offence. I think, there
fore, California was entirely
right in passing the law she
did. Our treaty, as a matter of
fact, provides only for the leas
ing of land and guarantees
only reciprocal privileges un
der the statutory laws of the
respective countries.
"The SguarcDeal for the Jap
TTHEREare C course na-
tional obligations regard
less of treaties and Arte of these
is to treat fairly the citizens of
foreign countries residing
here.
v In California, the Japanese
Vijaye the privileges of all the
public schools, the protection
of our courts, the recreation
of our parks and amusement
places, and under the new
bill can lease land for three
years. The ownership of land
does not seem necessary to
the happiness and prosperity
of the Japanese. War be
tween the United States and
Japan is almost inconceivable.
When it is understood the
present legislation does not
imply inferiority, but was
merely passed for the preser
vation of race integrity, which
Japan herself fosters by all the
means in her power, I think
all objections will be with
drawn. There is nothing to
arbitrate.
CONTENTS COFTIUGUTED, 1013. DT THE ADBOTT 4 BIIIOCS COIITANT