The Julesburg grit-advocate., 1909-02-05
PRESIDENT SAYS CALIFORNIA
LAWS MUST REspEcr
TREATY paovisioMa
QUOTES ROOFS LETTER
GOVERNOR oiLLErT OF cAIiFoR.
MA RECEIVES eaEsioEMr's
LETTER.

Sacramento Cal.-Governor Gillett
has made public. tonight the text of
letter received from President Roose.
welt with regard to anti-Japanese leg
islatton now pending In the California
Legislature. President Roosevelt
quotes from letter from former Sec
retary OF State Root to Governor Gil.
lett and from 4 memorandum. pointing
out that Mr.. Root saw no objection
to law which treated all aliens alike,
but that to avoid conflict with the con.
stitution such statute should contain
An expressed provision excepting from
its operations any rights secured by
treaty between the United States and
foreign nations. Mr.. Roosevelt says
that this view has his cordial indorse.
ment.
The following is Il copy Of President
Roosevelt's letter to Governor GilIett,
regarding the anti-Japanese legislation
now pending In the Legislature:
THE White House, Washington, d. c.,
Jan. 26.
MY Dear Governor-Prior to receiv-
Ing your letter and accompanying cop
les Of bills you had sent identical tele-
grams to the secretary Of state and N.Y.
self and to the Senate. the secretary of
state answered as follows:
Jan. :5. 1909.
Hon. ]. N. Gillett. Governor Of
California. Sacramento. Call see no
objection to the passage of q law which
treats all aliens alike in acquiring and
transferring real property. To avoid
conflict with the constitution of the
United States, however. such statute
should contain an expressed provision
excepting from its operation any rights
secured by treaty between the United
States and foreign nations. See decis-
ions of the Supreme Court of the
United States. in the cases of Chirac
vs. Chirac, 2 Wheaton 25S: Hughes
vs.. Edwards. 3 Wheaton ls9: Hauen-
stein VS.. Lynham. 100 United States re-
ports 4s3; Goeffrey VS.. Riggs. 1888
United States reports. 25S, and long
line of similar decisions by the Su-
preme Court.
tsigned "'ELIHU ROOT
Il have now received your letter and
the copies of the bills. The secretary
of state has submitted to me the fol-
lowing memorandum which has my cor
dial approval:
Memorandum for the President on
bills In the California Legislature re-
lating, or supposed to relate, to Japan
ese:
81 have been able only to make
very cursory examination of these bills
and can only give you first Impressions
1t is quite possible that upon careful
examination other ideas might present
themselves. Senate bill Il. entitled an
act to prohibit alien ownership of lands
In the state OF California. This appears
to apply to aliens generally and In that
view is free from specific objection, ex-
cept this: The act provides that aliens
shall have rights as to personal prop |
erty >as accorded to citizens Of the |
United States under the laws of the
nation to which such alien belongs. or
by treaties with the United States ex-
cept as the same be affected by the pro-
visions Of this act or the constitution |
of the state. This inverts the order of |
authority. 1t is settled beyond any
possibility of doubt or question by re-
Eeated decisions Of the Supreme Court |
OF the United States that a treaty made |
In pursuance Of the constitution is con-
trolling as against inconsistent provis-
ions of either the statutes or the consti- |
tuition of any state.
That is the expressed provision of |
the constitution of the United States |
under which the state of California was
admitted to the Union'"
For the reason set forth in MI,
Roots memorandum the federal gov
ernment would most emphatically OBJ |
Ject to the passage of the proposed |
school legislation. and would also OBJ |
ject to the legislation such as the |
newspapers describe as having been
proposed to force the Japanese to live |
in separate residential quarters.
Il most earnestly trust that for the
reasons set forth in Mr.. Roots memo
randum and for the reasons set forth in
my previous kilograms and letter, none
of the Objectionable proposed legisla-
tion will be enacted into law
with high appreciation of your
courtesy, believe, me, sincerely yours,
''THEORDORE ROOSEVELT"