Los Angeles herald., 1909-02-01
GILLETT GETS
EXPLANATION
OF PRESIDENT
PROMISED LETTER ARRIVES
FROM WHITE HOUSE
ROOTS MEMORANDA DIssEcT
ANTI-JAPAFEsE BILLS
Secretary Of State Prescrbes Leqis-
Iation Possible Without Conflict
with Treaties-court De-
cisions Cited
[By Associated Press.1

%ACTNAMENIO, Jan. 3l.-The fol-
IN lowing is copy of President
Roosevelt's letter to Governor
Gillett, received today, regarding the
anti-Japanese legislation now pending
in the legislatures:
The White House, Washington, d.
c., Jan. 29
My Dear Governor: Prior to re-
celVing your letter. and the accom-
panying copies of bills, you had sent
Identical kilograms to the secretary of
state and myself, and to this the sec
retary of state answered as follows:
Jan. 25, 1909.
Hon. j. n. Gillett, governor of Cali
fornla, Sacramento: see no objection
to the passage of a law which treats
al aliens alike in acquiring and trans
ferring real property. To avoid conflict
with the constitution of the United
States, 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 decisions of the supreme
court of the United States in the cases
of Chirac VS.. Chirac, Wheaton, 259
Hughes VS.. Edwards, 8 Wheaton, 489
Hauenstein VS.. Lynham, 100 United
States reports, 483; Godfrey VS.. Riggs,
1873 United States reports, 25S, and a
long line of similar decisions by the
supreme court. ELIHU ROOT
Secretary's Memorandum
''I 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
coro4al approval:
Memorandum for the president on
bills in the California legislature re-
lating, or supposed to relate, to Jap
anese:
I have been able only to make q
very cursory examination of these bills
and can only give you first Impressions.
1t is quite possible that upon careful
consideration other ideas might present
themselves.
F." Senate bill II, entitled AN Act to
Prohibit Alien Ownership OF Lands in
the State of California This appears
70 apply to aliens generally, and in
that view is free from specific objec-
! ton except this: The act provides that
aliens shall have rights as to personal
property as accorded to citizens of the
United States under the law of the ma
| ton to which such alien belongs, or by
treaties with the United States except
as the same be affected by the pro-
visions of this act or the constitution
of the state.
p" This inverts the order of author
ity. 1t is settled beyond any possibility
of doubt or question by repeated deci-
siOns of the supreme court of the
United States that a treaty made
Ill pursuance of the constitution is
controlling as against inconsistent pro
visions of either the statutes or the
constitution of any stae.
Is Expressed Provision
" That is the expressed provision OF
the constitution of the United States
under which the state of California was
fn 10 mi
." The treaties between the United
States and considerable number of
foreign nations have reciprocal prOvi-
sionS for reciprocal rights of citizens as
to holding real and personal propehrty
" 1T is perfectly well settled that the
making of such reciprocal provisions
is within the treatymaking power, and
instead of aliens having in the state
OF California such rights as are ac-
corded to them by these treaties, except
as they may be affected by the pro-
visions Of the act or of the constitution
of California, the precise reverse is
necessarily true.
g" 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 statement is true of all
aliens, the citizens or subjects of ma
tiOns which have such treaties as
have described with the United States.
Treaty with Japan
"'In the particular case Of Japan,
the second article Of the treaty Of No
vember p. 1894, provided that the Citi-
zens Of each in the other country may
trade in any part of the territories Of
the other, by wholesale or retail, in
all kinds of produce manufactures and
merchandise of lawful commerce,
either in person or by agents, singly
native citizens or subjects; and they
may there own or hire and occupy
houses, manufactures, warehouses,
shops and premises which may be
necessary for them. and lease land
for residential and commercial pur-
poses, 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, but is limited to
owning and hiring lands and the
structures thereon for residential and
commercial purposes, including within
commercial purposes both manufac-
ture and trade.
81 To the extent that these rights go,
that is to say, as to residential and
commercial purposes, it is not COM
petent for the legislature of CaIifor-
MIA to change in any way the pro-
visions of the treaty or to impose any
limitation inconsistent Herewith.
Can Enact Its Own Laws
ITO the extent of owning or renting
land for agricultural purposes, so far
as Japan is concerned, it is clearly
competent for the state of California.
to enact it's own laws and it is graft
flying to observe that it is the purpose.
of this bill to make those laws general
as to aliens
" Assembly bill 7S entitled can act
to regulate ownership or possession
tContinued Page Twol