The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-18

lease. in parcels of not more than one
thousand acres, at public auction. Such
sales are discretionary with the Gov /
ernment, and the purchaser is not re-
quired by the Land ct or by Section
% of the Territorial Act to make any
declaration of citizenship. Any alien, |
being the highest bidder, might have |
the right to purchase, il not debarred |
by Chapter 263 of the Statutes of the |
Second Session of the Fifty-Fourth /
Congress, approved March 2, 1897, en-
titled AN Act to better define and /
regulate the rights of aliens to hold /
real estate in the Territories" anne d /
ing an act of Congress passed ten
years earlier.
RIGHTS OF ALIENS.
Said Chapter declares:
That no alien or person who is not a
citizen of the United States, or who
has not declared his intention to bee me
i citizen Of the United states In tie
manner provided by law, shall acquire
title TO or own any land in any OF the
Territories OF the United States, Sceot
as hereinafter provided: Provided, that
the prohibition of this section snau not
apply to cases in which the right u
mold or dispose of land in the United
states is secured by existing treaties
TO citizens or subjects of foreign coIn-
.ries, which rights. so far as they may
exist by force of any such treaty, shall
continue to exist as long as s4ch
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
len who shall become a 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, shall 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 moi
| 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 or
mining claim in any of the Territories
/ of the United States. or from ac-
curing 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 the
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-
I game treaty Of 1-6S between the Tn ted
States and China, which has since been
/ abrogated, although me most liberal
treaty that china has ever had with
the United States provides that moth
/ ing herein contained shall be held 20
/ confer naturalization upon thu
[ subjects of China in the United States"
/ II contains no clause emitting Chine e
/ subjects to acquire land in TIE United
/ States.
! No JAPANESE LANDHOLDERS.
/ III. loot ara ,,,cg+ ifbara1 .rao.,- 10
tween the United States and Jap IN.
\ signed on the 22d day of November
I 1894. contains no provision enab ing
Japanese to become naturaliZed citizens
| Of the United States. In my opinion,
| IL contains nothing which entities sub
jects of the japanese Empire to ac-
quire land in the United states. The
third paragraph of Article 1. 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, and
the disposal of property of any sort
/ and in any manner whatsoever which
I they may lawfully acquire. the sub
jects or citizens of each contracting
party shall enjoy in the territories OF
the other the same privileges liberties
I and rights, and shall be subject to no
higher imposts or charges in those re-
fSBeclS tDitn OF ClllZ@IlSi
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 In
any part of the territCTi of the other,
by wholesale or retail in all kinds OF
produce, manufactures and merchan-
disc of lawful commerce, either in per-
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 20 the laws, police and customs
regulations Of the country like native
subjects or citizens"
MAY LEASE BUT NOT OWN.
II appears to me that the Language
T Of these two paragraphs securing tbs
/, RICH. of Japanese to do business in tbs
2 United States, to acquire, use and dis
! pose CT personal property. and to least
y real estate for business and Residential
I purposes. together with the omission L
p provide for acquiring title to real es
T tate. except as aforesaid. plainly mega
= tives an intention on the part of eithe
; contracting power to confer such privi
4 leges upon the citizens or subjects o
g the other.
y The Act of Congress of March 2, 1881
Z hererbefore quoted ,aoes not extend I
Il aliens who become bona fide resident
= of the United States. The genera
IT policy of the United States in regard t
n the disposition Of public lands has a.
n ways been America for Americans.
Is That is, for those who are citizens b
y birth or by naturalization, or who hav
II declared their intentions to be natural
Il lied.
)f Although the laws of the Unite
d States do not, in my opinion, ahsC
Ia lutely prohibit the sale, under the pre-
J. visions of Section IL of the Land Act
d 1895 of public lands to aliens bein
n bona fide residents Of the Unite
at States. who are not citizens of II
n, United States and who are incapab
in of becoming citizens, I. nevertheless
~ think there is strong ground for II
In presumption that persons are not Dor
or fde residents, who are barred by Il
I'd laws Of the United States from Il
privilege Of citizenship, whose histor
traditions ant sentiments as a rule a
foreign TO American principles of FIR
Ell government, and who have come he
OF under contract for limited terms.