The Elbert County tribune., 1909-02-04
STATE IS BOUND
BY U. S. TREATY
PRECEDENT SAYS CALIFORNIA
LAWS MUST RESPECT
TREATY PROVISIONS.
QUOTES ROOTS LETTER
GOVERNOR oILLETT OF cALIFoR.
MA RECEIVES PRESIDENTS
LETTER.

Sacramento, Cal-Governor Gillett
has made public tonight the text of a
letter received from President Roose-
welt with regard to anti-Japanese Leg
islation now pending in the California
Legislature. President Roosevelt
quotes from letter from former Sec
retary Of State Root to Governor Gil
lett and from a 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 statnte 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 copy of President
Roosevelss letter to Governor Gillett,
regarding the anti-Japanese legislation
now pending in the Legislatures:
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 my
self and to the Senate. tse secretary of
state answered as follows:
Jan. %. 1909
"sHon. J. N. Gillett, Governor OF
California, Sacramento, Call 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 it's 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 259; Hughes
VS.. Edwards, Wheaton 4S9; Hauen-
stein VS.. Lynham, 100 United States re-
ports 4S3; Godfrey VS.. Riggs, 1873
United States reports, 25s, and long
line Of similar decisions by the SUI
preme Court.
(Signed) "'ELIHU ROOT
II 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:
"T have been able only to make a
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 II, 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 OF question by re-
peated decisions of the Supreme Court
of the United States that 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 Mf.
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.
81 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-
ton will be enacted into law.
with high appreciation of your
courtesy, believe, me. sincerely yours
..THEORDORE ROOSEVELT"