The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-02-01
PRESIDENT CAREFULLY Ex.
PLAINS IDEAS ON ANTl-JAp-
ANEsE LEGISLATION.
SENDS GOVERNOR LETTER
Roosevelt Takes Up All Phases Of Sub
jeet in Detail and Quotes From Men,
orandum and Correspondenee-Ur0
That Native Sons Consider Othsr
Portions Of the Country.

Sacramento, Jan. Ex-Governor Gil
lett made public tonight the text Of q
letter received from President Rooee-
welt with regard to anti-Japanese leg
islation now pending in the California
legislature. President Roosevelt quotes
from letter from former Secretary
OF state Root to Governor Gillett and
from memorandum. pointing out that
Mr., Root saw no objection to a law
which treated all aliens alike, but that
to avoid conflict with the constitution
such statute should contain an ex-
pressed provision excepting from it's
operations any right secured by treaty
between the United States and foreign
nations. Mr., Roosevelt says this view
has his cordial Endorsement
Roosevelt's Letter.
The following is a copy of President
Roosevelt's letter to Governor Gillett,
received today, regarding the anti
Japanese legislation now pending In
the California Legislature:
The white House, Washington, d.
c.. January 26.-My Dear Governor:
Prior to receiving your letter and aC-
companying copies of bills you had
sent Identical kilograms to the secre-
tary of state and myself, and to this,
the secretary of state answered as fol-
lows:
What Root Said.
January %, 1903 Hon. j. N Gil
lett, Governor of California, Sacra-
mento, Cal: | can see no objection to
the passage of a law which treats all
aliens alike in acquiring and transfer
ring real property. To avoid conflict
with the constitution of the United
States, however, such statute should
contain an expressed provision except
ing from its operation any rights Sc
cured by treaty between the United
states and foreign nations. See deci-
sions of the supreme court of the
United States in the cases of Chirac
versus Chirac, Wheaton 259; Hughes
versus Edwards, Wheaton 489:
Hauenstein versus Lynhani, 100 United
states reports i83; Gec1frey versus
Riggs, 133 United States reports 258.
and a long list of similar decisions by
the supreme court.
tSgned) ELIHU ROOT
II nave 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
hearty approval:
Memorandum for the president on
bills in the California legislature re-
lating, or supposed to relate, to Japa-
nese:
81 have been able only to make a
very cursory examination of these
bills, and can only give you first i'm.
pressons. 1t is quite possible that ON
closer examination other sentiments
may present themselves.
As to Property.
The treaties between the United
States and a considerable number OF
foreign nations have provisions for
reciprocal rights of aliens as to hold
ing real and personal property. 1t is
perfectly well settled that the making
of such reciprocal provisions is within
the treaty-making power, and instead
of aliens having in the state of Cali
fornia such rights as are accorded to
them by these treaties except as they
may be affected by the provisions Of
the act or of the constitution of Cali
fornia, the precise reverse is neces-
sarily true. The proper statement
would be that their rights are pre-
scribed 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 SUBJ
jects of nations which have such
treaties as 1 have described with the
United States.
Permitted to Trade.
In the particular case of Japan,
the second article of the treaty of No
vember %, 1894, provides that the citi-
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