New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-07
sl,urene Court Decision Affords
Secretary a Precedent for
EnjOining State of
California.
ALIEN LAND LAW IN ISSUE
High Tribunal Held Federal
Government Responsible
for Violation of Inter-
national Obliga-
tiOns.
From Tho Tribune Bureau.

Washington. April G.-Wil William
Jennings Bryan, in the capacity of Sec
retary Of state. be compelled TO prose
ute the Progressive State Of California
for violation of federal treaty?
The possibility Of this contingcncy
looms large in the light OF the reported
determination Of Governor Hiram
Johnson and his Progressive followers
70 Join with the Democrats in the Cali
fornia Legislature to pass an alien land
act which seems clearly 20 violate the
general treaty with Japan, ratified on
February -. 1911.
When. on a former occasion. Califor-
MA threatened 10 enact a similar stat
ute affecting the admission of japanese
10 her public schools. President Roose-
welt. believing he would be without
legal redress. summoned the legislative
leaders Of the Golden Gate State to
Washington and through his personal
influence dissuaded them from such a
course
That Secretary Bryan can pursue the
sane course with equal success is en-
phaticall, Genied by the members OF
The California delegation in Washing
ton. THAT he may. however find legal
precedent for action 10 enjoin the State
Of California seems at least 10 he suG-
gested by The decision Cf the Supreme
Court OF the United States in the case
Of the United States vs.. Arizona 0SSO,
10 L. s. 479 in which the'court held:
First-That by the Constitution Of the
United States all intercourse between II
state and foreign nations u prevented.
ard exclusive authority for that purpose
given 10 the United states.
SecOnd-That the national government
is thus made responsible 10 foreign ma
tons for all violations by the United
State for THEIR International oblea-
tlons." and that for this reason Congress
was expressly authorized ITO define and
punish offences against the law Of
nations" CArticle l, Section :. c. l")
ThirG-That the law Of nations requires
every national government 10 use due
diligence" 10 prevent the commission
within its dominions of wrong 10 an
other nation or its people.
The proposed legislation. which un-
doubtcdly is aimed at the japanese.
prohibits the owning of land by any
alien. This. the japanese Ambassador
insists. would be in direct violation #
the treaty. Article l OF which reads.
The citizens or subjects OF each OF the
high contracting parties shall have lib
erty TO enter. travel and reside in the te~-
litores OF the other. TO carry on trade.
Wholesale and retail: 10 own or lease and
occupy houses. manufactures. warehouses
and shops: 10 employ agents OF thell
choice. TO lease land for residential and
commercial purposes. and generally 10 90
anything incident TO or necessary Tor
trade upon the same terms as nauV'
citizens OF subjects, submitting them-
selves 10 the laws ana reeulauohS tnf1IG
established. They shall not be compelled
under any prCtcXt whatever To pay any
charges or taxes other or higher than
those that are or may be paid by native
citizens or subjects
Cahfornians who contend that the
proposed statute would not violate the
treaty apparently have overlooked the
fact that the treaty of 1911 added 10
the treaty Of 1884 the right Of Japan
ESQ TO own or lease and occupy houses,
manufactures. warehouses and shops,
ETC.
Tho present situation is the occasion
OF grave anxiety TO those Caihornians
who have at heart the success Of the
Panama Pacific Exposition. The Cl-
actment Of the proposed statute would
undoubtedly result in Japan's rescihd-
ing her action making a very generous
APPROPRIATION for her exhibit at san
Francisco.
This step. in conjunction with thc
fact that the California treasury Has
been completely depleted under the
mogrcssiye administration, 80 mat
California herself will be unable 10
prepare and house an exhibit seriously
menaces the success Of the expositio'l'