Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-29
THE OWNERSHIP OF REALTY
Attorney Renick's View of Law Prohibiting
= Aliens to Acquire 1t.
Asked to Assist in
Having the Act Amended by
Congress--ReasOnsA Assigned.


| Attorney Edward l. Renck today submit
| ted to the District Commissioners a COM
municaton in which he directs attention to
4 the act of Congress which declares IL to be
unlawful for aliens. except under specified
conditions, to acquire real estate in the
| territories of the United States and the
| District of Columbia. Mr.. Renick takes
| exceptions to the provisions of the law, and
says:
The act of Congress approved March 3,
1887, declaring it unlawful for aliens to
quire Subject to certain exceptions men
toned in the acO any real estate in the ter
ritorles of the United States and In this
| District is so completely out of harmony
with the rules that govern civilized COM
munities at this time, SO at variance with
the liberal legislative provision under which
the people of this District conducted real
estate transactions from 1I91 to 1887, and
so injurious to our growth in wealth and
population, that l feel confident you will
gladly do what lies in your power to have it
amended.
Il have the honor to submit herewith
memorandum which l have prepared, CIV
ing the laws and decisions relative to the
ownership of lands by aliens at common
law, in modern times in England and n
these states, and in the District of Column
bia This memorandum shows, among
other things, that Congress in legislating
for this District has. without any apparent
reason, taken 1t from the list of those
communities most liberal to aliens. and
placed it among those that are most hostile
to them. Prior to this act the District of
Columbia was perhaps the only political
society in which from It's origin aliens and
citizens We're placed upon the same footing
as respects property rights. 1t is no" the
only one in which in modern times restric-
tons have been reimposed upon Foreigners
in this respect. In other words, while there
has been in the past thirty years very
general movement on the part of other ma
tfons and states to get abreast of this Dis
tcfct in this respect, suddenly, In 1887, Con-
gress threw it back to the narrow and
llliberal position occupied by our ancestors
in the middle ages.
The Memorandum.
The memorandum to which I have the
honor to invite your attention makes 1t
clear that the act of 1887 contains the fol-
lowing serious objections:
90 1t affects alien residents, as well as
those who are non-residents. 1t has been
amended by act of March g 1897 as regards
land in the territories, not to apply to
aliens who are bona fide residents There
is no way of estimating how many aliens
are now residing in Washington who are
thus prevented from buying and selling Dis
trict land, but 1t is safe to say that there
are enough to warrant the extension to
them of the wise exception of the act of
1897.
"(2) 1t applies to all acquisitions of land,
however small, in this District. though by
act of 1897 1t has no application to city,
town or village lots in the territories. When
we remember that the chief purpose of the
act of 1887 was to prevent the ownership
by ahen individuals and foreign corpora
lions of large tracts of land in the terrific
ries, it becomes plain that the acquisition
by an alien individual of small parcels of
land an Washington was not within the
mischief to be corrected.
allows al Ion lsit ion NV j,oha
itance, but 1t is supposed that this means
to preserve only such rights of this kind as
aliens previously enjoyed under the Mary
land act Of 1871, AS that act was con-
strued to mean that aliens could inherit
realty purchased by alien In this Dis
trict-{ although he subsequently became
citizep of the United States but that they
could{ not inherit such lands as he pur-
chased after naturalization {Spratt VS..
Spratt, Pet, 34S, and Pet, 1888, we have
the distressing result that such of our resi-
dents as have children who have become by
marriage citizens of other countries cannot
transmit TO them any real estate which
they may have acquired in this District
and held as citizens. A more liberal con-
struction of the law Of 1897 applicable to
the territories would certainly be made by
the courts. 1t is known that Washington
mans of large wealth have reason to be ap-
prehe9Sive on account of the act of 1887
which prohibits their children who have
now acquired by marriage a foreign citizen
ship from either inheriting their District
Property Forfeited.
20 1t actually forfeits all property ac-
quired in contravention of its terms; where
as the act of 1897 dealing with the same
subject in the territories, contains the just
DroYisions-First that aliens who have thus
unlawfully acquired realty may dispose of
it at any time before the institution of
escheat proceedings. Second, that even
when forfeited and sold the net proceeds
shall go to the alien If application is made
therefor in one year.
"Inasmuch under our law there is an
absolute forfeiture it has happened that no
actual execution of the statute has been
attempted. First, the Attorney General has
not brought escheat proceedings in any
case, and it is difficult to see how under
the statute he is likely to institute such a
suit on his own motion. Second, Congress
has, by invariable custom, relieved against
the forfeitures of the act in all cases when
requested so to do by passing private acts
of exemption.
This solemn statute. then, may be liken-
ed to a barking dog, deterriug many from
entering into this field of investment but
doing no injury to those who really brave |
its teeth.
Under It, too, much time is consumed by
the committee on the District of Columbia
in examining into the merits of the numer-
Gus applications for relief, which might be
more usefully employed In the weightier |
matters of this community.
II trust your honorable board may agree |
with me that the attention of Congress |
should be invited to this matter with the !
view of re-enacting the Maryland statute |
of 1871, if not more liberal one or at any |
rate of securing to this District the add |
vantages of the act of 1S97-now confined
in its beneficial operations only to the ter
ritories.''