Evening star., 1909-02-01
TREATY RIGHTS FIRST
President Tells How Far Cali
fornia May Go.
LETTER TO GOV. GILLETT
States Power to Legislate Against
the japanese Defined.
OBJECTIONS POINTED OUT
Federal Government Emphatically
Opposed to School Law and
Segregation Of japanese.
OBJECTIONS POINTED oU

SACRAMENTO, Cal, February 1.-Gov.
Gillctt has made public the text of let
ter received from President Roosevelt
with regard to anti-Japanese legislation
now pending in the California legislature.
The President quotes from letter from
former Secretary OF State Root to Gov.
Gillett and from a m emorandum. pointing
out that Mr.. Root saw no objection to
law which treated all aliens alike, but
that to avoid conflict with the Constitu-
ton such statute should contain an
expressed provision excepting from its
operation any rights secured by treaty
between the United States and foreign
nltions. Mr.. Roosevelt says that this
view has his cordial Endorsement.
President Roosevet's letter follows:
''The White House.
washington. D. c.. Jan. 26 1909.
My Dear Governor: Prior to receiving
your letter and accompanying copies of
bills you had sent identical kilograms to
the Secretary of State and myself and to
the Senate The Secretary of State an
swered:
january p 1909
Hon. John y. Gillett, Governor of
California, Sacramento, Call see no OBJ
lection to the passage of a law which
treats all aliens alike in acquiring and
| transferring real property.
To avoid conflict with the Constitu-
ton of the United States however such
| statute should contain an expressed pro-
vision excepting from its operation any
rights secured by treaty between the
| decisions of the Supreme Court of the
United States in the cases of Chirac vs..
Chirac. Wheaton. go: Hughes VS.. Ed
wards. Wheaton. $50; Hauenstein VS..
7 .N-rrt, I-,,ifa 60.
Godfrey VS.. Riggs, 135 United States Re
| ports. 25s and a long line of similar de-
'ELIHU ROOT
Il have now received your letter and
the copies of the bills. The Secretary of
| State has submitted to me the following
| memorandum, which has my cordial ap
| proval:
Secretary Roots Analysis.
| Memorandum for the President on
bills In the California legislature relating.
or supposed to relate, to Japanese.
| / have been able only to make very
cursory examinat on of these bills, and
can only give you first impressions. 1t is
| quite possible that upon careful consider
alton other ideas might present them
| selves.
- Senate bill II. entitled an act to pro-
hiblt alien ownership Ct lands in the sta q
| of California This apears to apply to
aliens generally, and in that view is free
from sp cidc objection except this: The
act provides that aliens shall have such
rights as 10 personal property as are ac-
corded to citizens of the United States
under the laws of the nation under which
such allen belongs or by treaties with
the United States. except as the same be
anected by the provisions of this act or
the constitution of the state.
Treaty the Supreme Law.
This inverts the order of authority.
It is settled beyond any possibility of
doubt, or question, by repeated decisions
of the Supreme Court of the United States
that treaty made in pursuance of the
Constitution is controlling as against in
consistent provisions of either the stat
] utss or the constitution Of any state That
| Is the expressed provision of the Consti-
tuition Of the United States under which
the state OF California was admitted to
the Union.
I The treaties between the United
States and considerable number of for
eign nations have reciprocal provisions
for reciprocal rights OF citizens as to hold
| ing real and personal property. 1t is per-
/ fectly wei. settled tha- the making o. such
| reciprocal provision is within the treaty.
making power, and instead of aliens hay-
ing in the state of California such rights
as are accorded to them by these treaties.
except as they may be affected by the
1
Of California, the precise reverse is nee
essarily true. The proper statement
would be that their rights are pre-
scribed and Limited in the act ex-
| by the treaty. This general ta:ement is
true Of all aliens. the citizens or subjects
| Of nations which have such treaties as /
have described with the United States.
Regulation of Farm Holdings.
| LIN the particular case of Japan the
second article of the treaty of Novem-
ber 90. 1894. provides that the citizens Of
each In the other country may trade in
any part Of the territory of the ether, by
! wholesale or retail, in all kinds of prod
uce. manufactures and merchandise Of
| lawful commerce, either in person or by
/ agents, Singly or In partnership with for
eigners, or native citizens. or subjects;
and that they may lease or hire and &C.
cupy houses. manufactures, warehouses,
shops and premises which may be neces-
| sary for them. and lease land for resi-
Dental and commercial purposes. con-
forming themselves to the laws, police
and customs regulations Of the country
like native citizens or subjects.
| In my opinion this provision does not
confer rights to either own or hire agrt-
cultural lands. but is limited to owning
and hiring lands and the structures there
| on for residential and commercial pur-
poses, including within commercial pur-
poses both manufacture and trade. Tc
the extent that these rights go, that is to
say. as to residential and commercial pur-
poses. 1t IS not competent for the legis-
lature Of California to change in any way
the provisions of the treaty or to impose
any limitations inconsistent Herewith
To the extent Of owning or hiring lands
for agricultural purposes. so far as Japan
/ is concerned. it is clearly competent for
the state Of California to enact it's own
laws and it is gratifying to observe that
1t is the purpose of this bill to make those
laws general as to aliens.
Assembly bill 7s. entitled An act to
regulate ownership or possession of lands
by Aliens The observations which /
have made regarding assembly bil' Il ap-
) ply in substance to this act. AS bearing
upon both acts. l transmit herewith a
copy of telegraphic correspondence had
; between the Governor of California and
my elf. consisting of telegram from the
governor, dated Saturday last, and my
reply Of this morning. In my reply you
will perceive that 1 suggest the insertion
Of q clause in any legislation regarding
the holding of lands by aliens, which will
save their treaty rights. and that also
refer to some of the decisions of the SUI
preme Court on the subject.
Assembly bill ii. entitled AN act to
amend section 1902 of the political code
This bill aims to reproduce, in the form