The Hawaiian gazette., 1900-07-20
RIGHTS OF ALIENS.
said Chapter decIare5 /:

manner provided by law. shall acquire
title to or own any land in any of the
Territories OF the Uni,ed states, tCept
as hereinafter provided: Provided. that
the prohibition of this seton shau not
apply to cases in which the right to
hold or dispose of land in the United
States is secured by existing treaties
to citizens or subjects of foreign com
tries, which rights, SO far as they may
exist by force of any such treaty, shall
continue to exist as long as Sch
treaties are in force, and no long r.
That this Act shall not apply To
any alien who shall become a bona fide
resIuent 'of the United States. and ANY
alien who shall become bona fide resi-
dent of the United States or shall have
declared his intention to become a
citizen of the United States In the
manner provided by law, snail have the
right to acquire and hold land in either
of the Territories of the United States
upon the same terms as citizens of the
United States. This Act shall not
be construed to prevent any persons
not citizens of the United States, from
acquiring or holding lots or parce OF
land in any Incorporated or plated
city, town or village, or in any mine o.
mining claim in any of the Territories
of the United States. or from ac-
quiring lands or any interest therein by
inheritance or in the ordinary cou Sc
of justice in the collection of debts, or
from lending money and securing tne
same upon real estate or any interest
therein"
/ have not been able to discover any
thing which excerpts subjects of the
Chinese Empire from the operation of
the foregoing statutes The Burlin
game treaty of IS betw zen the I'm led
States and China, which has since b1eA
abrogated, although me most liberia
treaty that china has ever had with
the United States provides that moth
ing herein contained shan be held to
confer naturalization upon the
subjects of China in the United States"
1t contains no clause emitting Chine e
subjects to acquire land IN tie Unitel
States.
NJ JAPANESE LANDHOLDERS.
The last ana most liberal treaty be-
tween the United States and Jap IN,
signed on the 22d day of November,
1894, contains no provision enab ing
Japanese to become naturaliZed citizens
of the United States. Ia my opiniJn,
it contains nothing which entities sub
jects of the Japanese Empire to ac-
quire land in the United states. The
third paragraph of Article l. of the
treaty provides that I'm whatever re-
lates to rights of residence and travel;
to the possession of goods and effects
of any kind; to the succession to per
sonal estate, by will or otherwise, a I'd
the disposal of property of any sort
and in any manner whatsoever which
they may lawfully acquire, the sub
iects or citizens of each contracting
party shall enjoy in the territories of
the other the same privileges liberties
and rights and shall be subject to no
higher imposts or charges in those re-
spects than native subjects or citiz ms,
or subjects or citizens of the most ia
vored nation"
Paragraph of Article of the treaty
provides that:
THE subjects or citizens of each of
the contracting parties may trade i'll
any part of the territoris of the other,
by wholesale or retail, in all kinds OF
produce, manufactures and merchan-
disc of lawful commerce, either in per
son or by agents, singly or in partner
ship with foreigners or native subjects
or citizens; and they may there own
or hire and occupy houses, manufac-
tories, warehouses, shops, and premises
which may be necessary for them, and
lease land for residential and com
mercial purposes, conforming the n
selves to the laws, police and customs
regulations of the country like native
subjects or citizens"
MAY LEASE BUT NOT OWN.
1t appears to me that the language
of these two paragraphs securing the
righ. of Japanese to do business in the
United States to acquire, use and dis
pose of personal property, and to lease
real estate for business and residential
purposes, together with the omission to
provide for acquiring title to real es
tate. except as aforesaid, plainly mega
tives an intention on the part of eth I
contracting power to confer such privi-
leges upon the citizens or subjects oil
the other
The Act of Congress of March g. 1897
hereinbefore quoted 4oes not extend to
aliens who become bona fide residents
of the United States. The genera
policy of the United States in regard TO
the disposition of public lands has a
ways been America for Americans.
That is, for those who are citizens b,
birth or by naturalization, or who h i've
declared their intentions to be natural
lied.
Although the laws of the United
States do not, in my opinion, abso
lutely prohibit the sale, under the pro
visions of Section II of the Land Act of
1895 of public lands to aliens, being
bona fde residents OF the United
States, who are not citizens OF the
United States and who are lncapablr
OF becoming citizens, I, nevertheless
think there is strong ground for thr
presumption that persons are not bona
fide residents, who are d barred by the
laws of the United States from the
privilege of citizenship, whose history
traditions anu sentiments az a rule are
foreign to American principles OF fire.
government, and who have come here
under contract for limited terms.
think the Commissioner OF Public
Lands will be justified In acting upon
this presumption in all sales at auction
under Section II of the Land Act of
1895. unless it is overcome by satisfac-
tory evidence. f..
SUMMING UP.
My conclusions are:
First.-That the systems OF Home
Lease created by the Land Act NJ 1897
are made imperative by the Territorial
nd ihat e.aIa..... laa..... Of a.zri-