The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-01

FGllett made public last night the
Etext of a letter received todsJHfrom
President Roosevelt with regard to
pantl-Japanese Legislation now pend
Eing IN the California legislature.
letter from former Secretary OF
State Root to Governor Gillett and
from a memorandum, pointing out
that Mr.. Root saw no objection to
a law whrl.h treated all aliens alike,
but that to avoid conflict with the
constitution such statute should con-
tain an expressed provision except
ing from its operations any rights
secured by treaty between the Unit
ed States and foreign nations Mr..
Roosevelt says that this view has his
cordial endorsement.
Tho following is copy of the
presidents letter:
"The White House.
'Washington, Jan. 26, 1909
MY Dear Governor; -Pr.cr to re-
ceiving your letter and accompany
ing copies of bills you had sent ident-
ical kilograms to the secretary of
state and myself and to the senate.
The secretary of state answered:
Z" Jan. %, 1909
sHon. J. N. Gillett, governor Of
California Sacramento, Call see
no objection to the passage of a law
which treats all aliens alike dn ac-
quiring and transferring real proper
20 1,p 10
laticn of the United States, how
ever, such a statute should contain
an expressed provision excepting
from its operation any rights secured
by treaty between the United States
in the cases Of Chirac VS.. Ch'rac, ?
Wehaton 259; Hughes VS.. Edwards
9. Whea.on 4S9; Hauenstein VS.. Lyn-
ham, 0, United States reports 4S3;
Geoffrey VS.. Riggs, 1888, United States
reports 25S, and a long line of SIM
clar decisions by supreme court.
ELIHU ROOT.
81 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 fer the president
on bills in the California leg gslature
relating or supposed to relate to the
japanese:
" I have been able only to make a
very cursory examination OF these
bills and can only give you first Inn
prcssions. II Is quIde possible that
upon careful consideration, other
ideas might present themselves. See
senate bill n, entitled "An act to
TrchlMt afen ownership OF lands in
the state of California. This aD-
pears to apply to aliens generally
and IN that view Is free from spec'fc
objection, except this: The act pro-
vides that aliens shal nave rights as
20 personal property as accorded to
citizens Of the United States under
the laws Of the nation under which
such alien belongs, or by treaties
With. the United States except as the
saline be affected by the provisions
OF this act or~the constitution OF the
state 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 a
treaty made in pursuance OF the con-
stituicn is controlling, as against
Inconsistent provisions of either the
statutes cr the constitution of any
state. That Is the expressed prCv.-
sicn Of the constitution OF the Unit
ed States under which the state OF
California was admitted to the union
The treaties between the United
States and a considerable number of
foreign nations have reciprocal pro-
visions for reciproa al rights OF Cit
liens as to holding read ana personal
property, 1t is perfectly well set
tied that the making or such recip-
rocal provision Is within the treaty
making powers and instead of aliens
having in the state of California such
rights as are accorded 10 them by
these treaties except az they may
be affected by the provisions Of the
ait or the constitution of California,
the precise reverse Is necessarily
true. The proper statement would
be that their rights are prescribed
and limited in the act, except as they
are conferred and declaredrtby the
treaty. This general. statement us
true Of AN aliens, the citizens or
subjects Of nations which have such
treaties as have described with
the United States
- In this particular case of Japan
the second article of the treaty of
Nov. 20, 1894, provides that the citi-
zens OF each In the other country
may trade in any part OF the terri
tory of the other, by wholesale or
retail, in all kinds OF produce, man
factures and merchandise of lawful
ccatmen,e, either in person or by
agents, singly or in partnership, with
foreigners or native citizens or sub
jects, and they may there own or hire
and occupy houses. manufactures.
farm houses and premises, which
lease land for residential and CON-
mercial purposes, conforming them