The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-02-01
PRESIDEN I
v RI I { s
AGAIN
To Governor Gillett Regard
ing Anti Japanese Legis=
Iation Now Pending

Sacramento, Cal. Jan. 31.-The fo!
lowing Is a copy OF President Roose
velt's letter to Governor Gillett, ro
ceived today. regarding the antI-Japan
ese legislation now pending in the
legislature:
"The White House, Washington, d
c., Jan. &c. 1909.
| my Dear Governor: Prior to re
ceiving your letter and accompanying
copies Of bills, you had sent identical
kilograms to the secretary of state
and myself, and to this, the secretary
OF state answered as follows:
"'Jan, 20. 1909.
"HHon, ]. N. Gnlett, Governor OF
California, Sacramento. Cal.
q" L see no objection to the passage
| of 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 decision of
| the supreme court OF the United
States In the case of Chirac VS.. Chi
rae, Wheaton 259; Hughes VS.. Ed.
wards, 9 Wheaton 4S9; Hauenstcin
VS.. Lynham, 100 United States Re
United States Records 25S. and long
line of similar decisions by the su,
preme court. (Signed)
'ELIHU ROOT
Il have now received your letter
and the copies of the bills. The Sec
.retary of state has submitted to me
the following memorandum which has
my cordial approval:
Memorandum for the President on
bills in the California legislature. re-
lnting or supposed to relate, to ia
panese.
" have been able only to make a
very cursory examination of these
bills, and can only give you first Inn
pressions. II is quite possible that
upon more careful consideration other
ideas might present themselves. Sen
ate bill H. entitled an act TO prohibit
allen ownership of lands in the state
OF California This appears to apply
to aliens generally, and In that view
is free from specific objection, except
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
except as the same be affected by the
provisions of this act or the constltu-
ton Of the state. This inverts the or
der Of authority. 1t is settled beyond
any possibility or doubt or question
by repeated decisions of the supreme
court OF the United States that
treaty made in pursuance of the con-
stitution is controlling as against con-
sistent provisions of either the statu.
tes OF the constitution OF any state
That is expressed provisions of the
constitution OF the United States. un-
der which the state OF California was
admitted to the Union. The treaties
between the United States and a con-
siderable number of foreign nations
have reciprocal provisions for recip-
rocal rights Of citizens as to holding
real and personal property. 1t is per-
fectly we'll settled that the making OF
such reciprocal provisions is within
the treaty making power. and instead
Of aliens having in the state of Califor-
MIA such rights as are accorded them
by these treaties except as they may
be affected by the provisions OF the
act OF the constitution of California.
the precise reverse is neces.
sarily true. Their rights are
prescribed and limited in the
and declared by the treaty. This gen
eral statement is true of all aliens,
the citizens or subjects of nations
which have such treaties as ] have
described with the United States.
In the particular case OF Japanese
the second article Of the treaty of Nov
%, 1894, provides that the citizens of
each in the other country may trade
in any part of the territories
OF the other by the whole.
sale OF retail In all kinds OF
produce. manufactures. and merchan-
disc or lawful commerce., either III
person or by agents, singly or in part
rership and they may lease or hire
and occupy houses. manufactures,
warehouses, shops and promises which
may be necessary for them and lease
land for residential and commercial
conforming themselves TO
the laws. police and customs OF the
country like native citizens OF sub
jeots.
In my opinion this opinion does
not confer rights to either buy or hire
agricultural lands. but Is limited to
owning and hiring lands and the struc-
lures thereon for residential and COM
mercial purposes. including CONNER
cial manufactures and trade,
To regulate the extent that
these rights go. that is to
say as to residential and commercial |
purposes, 1t is not competent for the |
legislature of California to change in |
anyway the provisions OF the treaty |
or TO impose any limitations inconsis. |
tent Herewith. To the extent of own |
Ing or hiring land for agricultural |
so far as japan is con-
cerned 1t Is clearly competent Tor
the state OF California to enact It's
own laws, and 1t is gratifying to oh.
serve that 1t is the purpose OF this
bill to make those laws general as TO
aliens.
Assembly bill rs, entitled AN act
to regulate ownership or possession of
lands by aliens The observations
which l have made regarding assembly
bill II apply In substance to this act