Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-20
ALIENS AND REAL ESTATE
Restrictions of the Act of 1887 Affecting the
District of Columbia.
No Reason for Their Continuance
Congress- to BE Asked to
Modify the Bill.
To the Editor of The Evening Star:

| local demand for the act of Congress of
March 3, 1887, prohibiting the acquisition
| by aliens of real estate in this District, and
| there is no sentiment. local or general. sus-
tanning the rigor of that law. The accom-
plished secretary to the President Of the
| United States Mr.. John Addison Porter,
wrote . few years ago "A valuable paper,
published in the Johns Hopkins University
Studies. in which he informs us of the diff
fCulty encountered by the commissioners in
making sac of lots at the national capital
when it was first laid off. Foreigners" he
says. seemed to have more confidence than
natives in the success of the experiment.
Engraved plans of the city had been well
distributed abroad. Congress passed law
allowing aliens to hold land in the city: and
for time lots brought absurdly high prices
in London"
The law to which Mr. Porter refers was
the Maryland act of 1871, chapter 49, re-
lating 10 The Territory of Columbia and
the City of Washington" 1t provided that
any foreigner might by deed or will there
after made take and hold lands within that
part of the territory Of Columbia situated
in the state of Maryland, in the same man
ner as if he We're a citizen of the state, and
that the same lands might be conveyed by
him and tranSmitte ted to and be inherited
by his heirs and relations.
The old common law rule, which this stat
uate materially modifies, was that aliens
II was liable 10 forfeiture to the king as a
result of a judicial proceeding brought for
that purpose. 1t resulted from this general
rule of exclusion that aliens could not in
herit or take lands by act of the law. Alien
friends were always permitted to acquire
and hold personal property in England, but
the objection to their ownership of land
was based upon reasons of state policy,
supposed to be sound. that ii would lead to
a divided allegiance. 1t really rested upon
an lliberality and jealousy characteristic of
infant peoples. This rigor has long since
passed away. both in England and in the
ma iority of these states. As early as 1919
aliens were permitted by statute of Great
Britain to acquire, hold and transmit real
estate in Canada as fully and effeCtually as
natural born subjects. and in 1870 the com
mon law excluding aliens from the inherit
anCe and possessions of lands in England
was relaxed to the extent of placing all
foreigners upon the same footing as natural
born British subjects
1t must be said to our credit that when
ever property has been acquired by an
alien in this District in contraventiOn of
the act of 1881. Congress has. upon request,
passed a special relief act eXempting it
from all the forfeItures incurred. The
question naturally arises. why continue in
force statute which is never executed,
ana the only effect of which is to deter
prudent business men, who within its
terms. nom investing in Washington real
estate2
This act of 1887 applied to the territories
as well To this District but by act of
March - 1891 it was amended as regards
the former. Under this last act aliens are
allowed all the privileges of citizens as re-
spects lands in the territories. if they have
become bona fide residents of the United
States and whether residents or not, they
are permitted to acquire and hold lots of
lands in Incorporated plated cities.
towns or villages of any of the terri
tories. Moreover. under no circumstances,
says the act of 1897. shall aliens absolutely
los h4Ir inv. -frr,afy haXv how
acquired lands in the territories in contra
VentiOn Of the act. they may nevertheless
convey their title at any time before the
Institution of escheat proceedings if they
do so in good faith. and even when their
lands are condemned and sold under such
proceedings, the law directs that the pro-
ceedS shall remain for one year subject to
the order of the alien owner or his heirs or
legal representatives. Strange to say, this
act concludes by declaring that the one
to which 1t is an amendment shall remain
in force and unchanged so far as it refers
to or affects real estate in the District of
Columbia. In other words, Congress has
imposed restrictions upon the very people
who have not the slightest jealousy of
foreign ownership of their land who are
utterly free from demag ogy, and who for
a hundred years have been second to no
people in the world in welcoming aliens to
join with them in real estate investments
at this capital. 1t is doubtful whether
there is a state in the Union whose legis-
as is ours. The last edition of the Ameri-
can and English Encyclopedias of Law
says:
The common law doctrine as to the
property rights of aliens has been greatly
modified by statute. In most or all of the
United States statutes have been enacted
by which these rights are determined, and
i'll many instances resident aliens are
placed on the same footing as ratural-born
citizens, as to the right to acquire hold
and transmit property. both real and per
sOnal. In some states the same liberal
policy has been pursued toward non-resi-
dent aliens.
VIII not The Star, whose devotion to
our best public interests is gladly ac-
knOwleGScd by all, invite a fun and earn
est consideration of this question. and en-
deayor, if public sentiment should favor
fication of the act of 1887? The under
siOncrS of the District formal request
of this kind. supported by brief contain
ing the laws and authorities relating to
the alien ownership of real estate 1t
would seem to b. the clear duty of our
board of trade. real estate agents, and
in fact, III" whole business public. to petit
ton them for removal of those restric-
tons which now III all probability prevent
the investment Of large amounts of for
eign capital in Washington property, and
which undoubtedly cause great annoyance
and anxiety 10 those aliens who have al
ready become owners Of real estate in this
District. as well to our own citizens
whose next Of kin happen to be subjects
OF foreign government.
q I. RENICK.