The Washington times., 1913-05-03

Vice President Marshall, speaking a
a plain citizen. today opened up a brand
new angle TO the California-Japaness
imbroglio. He made it plain that hi
vas speaking solely as Lawyer Mar.
shalr'-not as the second in command
of the nation.
A clause in the United States natu.
ralization laws which may defeat any
and all anti-alien land ownership laws
California or any other State may pass
was the discovery explained by Lawyer
Marshall
That japanese, Chinese, Hindus, and
members Of other Asiatic races may pos:
sibly become citizens of the United
States and entitled to the privilege OF
land ownership, the right TO vote and
every other privilege of the native born
American except the right to become
President, was the plain inference by
Lawyer Marshall.
My recollection is that there isn't
any law now that authorizes an appeal
from the decision of Federal District
judge" said the Vice President-speak-
ing in his capacity as an attorney-"to
the United States Supreme Court on the
question of naturalization ana that the
courts OF the West have held that JAP
anese are not entitled to become citizens
by naturalization.
1T might be worth while to consider.
Mr.. Marshall continued. cooking his
eyes through mis- great tortoise-shell
goggles, whether, IL a land law is
passed in California applicable to Jap
apese aliens exclusively, IL such legisla-
tion might not open up a way Of appeal
on the subject Of naturalization TO the
United States Supreme Court, and
whether, il such appeal were taken. the
Supreme Court might not hold that Jap
anese are entitled TO become naturalized
and thus thwsrt the very purpose Of
such an anti-alien land BILL
"Calff0rniz might dn well tn think
that over"
The lower courts Attorney Mar
shall continued, have held that all
Asiatics are not entitled to naturaliza-
tion- But that construction of the law
has never been approved by the Su-
preme Court. You know, IL might be
overturned. j think there has never
been an appeal to the court to decide
hat feature Of the law, which is gen.
efally accepted throughout the West.
Wait, now-rll be sure of that Mr..
Marshall continued. He grasped his
desk telephone and called up the clerk
Of the Supreme Court. He who an
swered scurried to collect data. and this
was found to sustain Attorney Mar
shall.
each State has the right TO determine
for itself whether II will or will not per-
nit aliens or any class of aliens 10 own
real estate in fee-simple within the
State. But the States have delegated
10 the General Government the power 10
make treaties, and IL any treaty should
guarantee 10 A foreign power the ~Igh;
10 hold real estate In fee-simp!- that
treaty would control. at least In So far
the right 10 obtain damages is con-
cerned II State should wipe out by
legislation the provisions of the treaty"
How about repeating such a treaty.
was asked
I'm giving my views as lawyer"
Mr. Marshall concluded. When you
begin 10 mention repeals Of treaties
I've got to stop talking. not only as a
lawyer, but otherwise"
II was stated at the executive Offices
tccay that Secretary OF State Bryan
probably would reach this city next
Ihursday- He will bring with him all
OF the facts concerning the California
Japanese situation for President VII
Ron's benefit. The President will con-
fer with him Immediately. and will then
make public the Administrations atu-
tude on the problem.
II lis expected that the japanese am
bassador will file his formal protest
against the new law enacted in Califor-
nia Immediately after Governor john
son signs the bill. This formal protest
Will be the basis for whatever future
action President Wilson deems II ad-
vtsable to take.