The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-02-01
Governor GiIIett Receives Letter
From President on Anti
Japanese Measure
Note From Root InClOSed, Deal
ing With COnstitutiOnaIity
OF Clauses
Chief Executive Urges SOlOns to
Pass No Legislation Aimed
at MpDOnese
Secretary Says Objectionable
Laws Would Result in More
Harm Than Good

harm lndn uOO0
~ ACRAMENTO. Jan. 31.-The follow
ing is a copy of President Roose-
~ velt's letter to Governor Ginett
received today regarding the anti
Japanese legislation now pending in
the 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 secretary OF
state and myself. and this the secretary
of state answered as follows:
January 25. 1908.
Hon. J. N Gillett. Governor OF
California. Sacramento. Call see
no objection to the passage of a
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 ex-
CCPAAA6 AAOAh 4to OPCAaNAJA any
rights secured by treaty between
the United States and foreign
nations
Refers to Decisions
See decisions of the supreme
court of the United States in the
cases OF Chirac VS.. Chirac.
Wheaton 25s; Hughes VS.. Edwards.
9 Wheaton 4ss; Haueqstein vs. Lyn-
ham. 100 United States Reports 49,
Godfrey VS.. Riggs, 1873 United
States Reports 25S. and a long line
of similar decisions by the supreme
court ELIHU ROOT.
Il have now received your letter
and the copies Of the bills. The
secretary of state has submitted
to me the following memorandum.
which has my cordial approval:
Memorandum for the president on
bills In the California legisla-
ture relating, or supposed to re-
late, to Japanese:
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 consideration
other ideas might present them
selves
Senate bill H. 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, except 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 except as the same be laf-
fected by the provisions of this act
or the constitution OF the state.
This inverts the order of author
ity. 1t is settled beyond any pos
sibility 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 inconsistent provisions
of either the statutes or the consti-
tuition Of any state.
Reciprocal Treaties
That is the expressed proviGon
of the constitution OF the United
States under which the state OF
California was admitted to the
union. The treaties between the
United States and a considerable
number of foreign nations have
reciprocal provisions for reciprocal
rights of citizens as to holding
real and personal property.
1t is perfectly well settled that
the making of such reciprocal pro-
visions is within the treaty making
power. and instead of aliens hav-
ing 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 of the constitution OF
California, the precise reverse Is
necessarily true. The proper state
ment 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 nations which have such trea-