Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-01
President in Letter to Governor
of California Makes Known
Administration Attitude on
Pending Legislation.
OPPOSES SEGREGATION
OF JAPANESE IN SCHOOLS
Attention Called to Supreme
Court Decisions Holding
Treaty Above Statute Law
Inconsistent Herewith.

my Morning journal Special Leased wirsI
| Sacramento, cal. Jan 3l.--Gover-
nor Gillett made public tonight the
text Of a letter received today FROM
anti-Japanese legislation now pending
In the California legislature Presi-
| Diet Roosevelt quotes from iette
from former Secretary OF State Root
70 Governor Gillctt and from mem
prandum pointing out that Mr. Root
saw no objection to law Will +
treated all aliens alike. but thnt -
iavold conflict with the constitution
such statute should contain an ex
pressed provision excepting from ITS
operations any rights secured iy
treaty between the United states nnd
foreign nations Mr. Roosevelt says
that this view has his cordial indcfse-
ment Following Is the full tex, 81
the letter:
'rhe White House. Washington, r.
c. Jan. go
MY Dear Governor: prlor 70 ses
|eolvlng your letter and ancomrauNnr
copies OF bills you had sent Identical
telegrams to the secretary of afate
ana myself and to the senate. the sec.
'fetnrv nf sfate answered aa follows:
January 2b, faSs
" Hon ] N Gillett. Governor OF
California, Sacramento. Cal.
- see no objection to the passage
Of the law which treats all aliens
plike In acquiring and transferring
real property, TO avoid conflict with
the constitution of the United statta
however such statute should ecntatn
an expressed provision excepting from
its operation any rights secured by
treaty between the United States and
foreign nations. See decisions of the
supreme court OF the United States IN
the cases Of Chirac vs Chirar N
Wheaton 2bs Hughes vs Edwards 3
Wheaton 4S9; Hauenstein VS.. Lyn-
ham. 100 United states reports 4s3;
Godfrey VS.. Riggs, 1873 United states
reports 25s, and long line Of aimilar
decisions by the supreme court
(Signed "'ELIHU ROOT
II have now received your letter
and the copies of the bills. Tho sec
retary OF state has submitted n M
my cordial approval.
Nfllti dIhuiH ibf lHt lH3t'HttftNfNt
on bills in the California legisla arr
or supposed to relate e
Japan:
"'I have been able only to mFke .
very cursory examination of these
bills and can only give you first i'm
pressions Senate bill II, entitled as
an act to prohibit alien ownership ~
lands In the state OF California Thla
appears to apply to aliens generally
and In that view is free FROM srcelfic
objection. except this: The act prnvid"
that aliens shall have rights as to per-
sonal property as accorded to clti-
zens OF the United States under the
laws OF the nation to which such alien
belongs. or by treaties with fhe f'ni-
rod states excepf ms tn samc % af-
footed hv the provisions ef This apt
~ the constitution 90 thc Tiate ~ is
rcttled heyond any doubt ur question
~ repeated decisions ~ tn supreme
court of the United states mat
roatv made in pursuance ~ tho con-
stitution is controlling. as against i'-
consistent provisions OF either ~
statutes or the constitution of any
state That is the expressing p-ovis-
on.
The treaties between the United
States and a considerable numhe~ ~
foreign nations have reeinrocal rro
visions for reciprocal rights of Cit
.ens. nc TO holding real and personal
property. II is perfectly well settled
hat the making of such reciprocal
provisions is within the t-eatv max
ng power. and tho rights % s'icns
ire prescribed and limited IN ~ act
rs they are conferred and decla-el ~
he treaty. This general statement is
rue Of all aliens. the citizens or sub
ects of nations which have such
reaties as have described with the
United States
" In the particular case OF Japan.
he second article Of the treaty 90
November %. 1904. provides that the
'itizens of each in the other country
nay trade IN any part Of the terri
orics OF the other. by wholesale or
'c'ail In an kinds of produce manu-
actures and merchandise OF lawful
commerce singly or in partnership
With foreigners or native citizens. Or
Iuhiects: and they may there awn Ar
hire and occupy houses. manufac-
ories. warehouses shops and pr"m-
sea which may be necessary for them
ind lease land for residential and
purposes conforming
themselves to the laws. police ana Gus