The Detroit times., 1909-02-01
ALTITUDE OF ]. S.
TOWARDS JAPs
IS DEFINED
TREATY RIGHTS OF ALIENS
MUST BE OBSERVED AND DIS
cRlMAToRY LAWS SHOULD NOT
BE ENACTED.

SACRAMENTO. Cal. Feb. l.-Go'
Gillette has made public letter h'
received from President Roosevelt
yesterday regarding the proposed
legislation. The memo
'andum. which was prepared by See
-etary Root, and approved by INT
president, sets forth the attitude OF TIL
administration OH the proposed legis
alton. Ii Is OF far-reaching import
snce owing to the threatening situa
ion as q result OF the crusade b.
against the Japanese.
The presidents letter follows:
My Dear Governor: The secre-
rotary OF state has submitted TO
Inc the following memorandum,
which has my cordial approval:
II have been able only 10 make
very cursory examination or
these bills and can only give you
first impressions. It's quite pos
sible that on careful considera-
ton other ideas might present
themselves.
Senate bill II. entitled an act
TO prohibit alien ownership OF
lands in the state OF California,
appears TO apply to aliens gener-
ally and in that view IL free from
specific objection, except that 1t
provides that aliens shall have
such rights as TO personal prop
erty as are accorded 10 citizens or
the United States under the laws
or the nation under which such
alien belongs or by treaties with
the United States except AZ the
same be affected by the provisions
OF this act or the constitution OF
the state
This inverts the order OF au-
thority. 1t Is settled beyond any
doubt that treaty is controlling.
as against inconsistent provisions
OF either the statutes or the consti-
ton OF any state. That is the
expressed provision OF the consti-
tuition or the United States under
which the state OF California was
admitted 10 the Union. The trea
ties between the United States and
considerable number OF foreign
nations have reciprocal provisions
for reciprocal rights OF citizens as
10 holding real and personal prop
erty.
Within Treaty Power.
1T Is perfectly we'll settled that
the making OF such reciprocal pro
vision Is within the treaty making
power, and instead OF aliens hay-
ing in the state OF California such
rights as are accorded 10 them by
these treaties except as they may
be affected by the provisions OF
the act or the constitution OF Cali
fornia, the proper statement would
be that their rights are prescribed
and limited in the act except as
they are conferred and declared
by the treaty. This general state
ment is true OF all aliens. the citi-
zens or subjects OF nations which
have such treaties as | have de-
scribed with the United States.
In the particular case OF Japan.
the treaty provides that the citi-
zens OF each in the other country
may trade In any part OF the ter
ritory OF the other and that they
may there own or hire and occupy
houses, manufactures ware
houses, shops and premises which
may be necessary for them. and
lease land for residential and COM
mercial purposes. conforming
themselves to the laws, police and
customs regulations OF the country
like native citizens or subjects"
In my opinion this provision
does not confer rights TO either
own or hire agricultural lands.
To the extent that these rights
20 II Is not competent for the
legislature OF California to change
in any way the provisions of the
treaty or 10 impose any limita-
lions inconsistent Herewith.
Assembly bill 7s. entitled IAN
act TO regulate ownership or pos
session OF lands by aliens" ! sug-
gest the insertion Of clause In
any legislation regarding the
holding Of lands by aliens which
will save their treaty rights. and
also refer 10 some OF The de-
cisions Of the supreme court on
the subject.
Third Bill Attacked.
Assembly bill IA. entitled An
act 10 amend section 1862 Of the
political code" This bill aims TO
reproduce in the form which
created so much natural resent
ment on the part OF Japan two
years ago the specific discrimina-
ton against Japanese In the
schools II was by securing the
abandonment OF this discrimina-
ton on the part OF the San Fran
cisco school board that the ma
tional government was enabled TO
bring about the informal agree
ment or arrangement with Japan
under which the two countries are
now tremendously and successful
ly preventing the coming OF Japa-
nese laborers to this country.
The essential feature OF this ar.
rangement Is the adoption by
japan OF a series OF strict and
effective regulations determined
upon. after full discussion with
the government OF the United
States. preventing the issue of
passports for the United States TO
Japanese laborers. AZ the same
time the president. In The exer-
else OF power especially conferred