The Birmingham age-herald., 1909-02-01
President RoOseVeIps Letter to Governor Gillette on Japan-
 ese Is Made Public
ROOSEVELT QUOTES THE
 OPINION OF ELIHU ROOT
Root Gives Extracts From the Laws on Aliens, In Which It Is Shown That All Aliens Should Be
 Treated Equally.

Sacramento, Cal, January Ex-Governor Gillett made public tonight the text of a letter received today from President Roosevelt with regard to anti-Japaness Legislation now pending in the legisla- ture. President Roosevelt quotes from a letter of former Secretary of State Root to Governor Gillett and from a memoran- dunn pointing out that MT. Root saw no objection to a law which treated all aliens alike, but that to avoid conflict with the constitution such a statute should contain an expressed provision excepting from it's operation any rights secured by treaty between the United States and other nations. MT. Roosevelt says that this view has his cordial indorsement
 Roosevelt's Letter.
 The following is copy of President Roosevelt's letter to Governor Gillett: White House. Washington, January 26
 My Dear Governor:-Prior to receiving your letter and accompanying copies of bills you had sent identical telegrams to the Secretary of State and myself and to the Senate The Secretary of State an- swered as folows:
 !" Washington, January 25, 1909 l" Hon. J. N. Gillett, Governor of Cali fornia, Sacramento. Cal.
 t' T see no objection to the passage of law which treats all aliens alike in aeoniring and transferripgs propertv- To avoid sc11.ilt with ane constitution of the United States, however. such act should contain an expressed provision ex- cepting from it's operation any rights se- f,., hot Fo fafo and foreign nations. See decisions of the supreme court of the United States in the cases of Chirac vs. Chirac. Wheaton 259; Hughes vs Edwards, g Wheaton 4s9; Hauenstein vs. Lynham 100 United States Reports 4sS Godfrey vs. Riggs, 1Ss United States Reports 25s, and a long line of similar decisions by the supreme court.
 ELIHU ROOT
 q have now received your letter and the copy of bills. The Secretary of State has submitted to me the following memo, which has my cordial approval:
 Japanese Bill.
 ' Memorandum for the President on bills in the California legislature relating to Japanese:
 .' I have been able only to make a very cursory examination of these bills and can only give you first impressions. It is quite possible that upon careful con sderation other ideas might present themselves. See Senate bill 71, 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 ob- jection except this: The act provides that aliens shall have rights as to personal property as accorded to citizens of the United States under the laws of the na- tiolS under which such alien belongs, or by treaties with the United States ex- cept as the same may 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 poss.s4lity of doubt or question by repeated decisions of the supreme court of the United States that treaty made in pursuance of the constitution is controlling, as against in- consistent provisions of either the stat utes or the constitution of any state. That is the expressed provision of the consti- tuition of the United States under which the state of California was admitted to the unon The treaties between the United States and a considerable num- Der of foreign nations have reciprocal provisions for rights of citizens as to holding real and personal property. It is perfectly well settled that the making of such reciprocal provision is within the treaty making power and instead of aliens having in the state of California such rights as are accorded to them by these treaties except as they may be affected by the provisions of the act or the con stitution of California, the precise re- verse is necessarily true. The proper statement would be that their rights as prescribed and limited in the act, except as they are conferred and declared by the treaty. This general statement is true of all aliens, the citizens or subjects of nations which have such treaties as l have described with the United States.
 Privilege of Trading.
 ' Tn the particular ease of Japan the second article of the treaty of November 22 1894, provides that the citizens of each in the other country may trade in any part of the territory the other, by wholesale or retail, in all kinds of produce, manufactures and merchandise of lawful commerce, either in person or by agents, singly or in partnership, with foreigners or native citizens or subjects, and that they may there own or hire, and occupy houses, manufactories, ware houses, shops and premises which may he necessary for them and lease land for residential and commercial purposes, con- forming themselves to the laws, police ana customs regulations of the country, like native citizens or subjects.
 Tn my opinion this provision does not confer rights to either own, hire agricultural lands, but is limited to own inr and hiring lands and the structure thereon for residential and commercial nu,noses including within commercial nurnoses both manufacture and trade. To inc extent that these rights go. that is fo say as to residential and commercial uurposes 1t is not competent for the leg islature of California to change in any way the provisions of the treaty, or to