Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-04-30
California Disregards AdUice
of Washington Government

3. Corporations composed OF aliens
other than those who are eligible to
citizenship may acquire and hold land
only according to the terms OF the
existing treaties
4. Present holdings OF aliens, re-
g"rdless OF their rights TO citizenship.
are protected
.. The state specifically reserves
its sovereign rights to enact any and
all laws relating to the acquisition or
holding OF real property 10y aliens.
Attorney General Webb worked on
the theory that there could be no OBJ
lection to writing into the California
statute the specific limitations Of the
japanese treaty of 1911. Under the
terms Of this treaty. japanese sub
iccts are permitted 10 own houses
and lands for residential purposes,
factories, manufactures and shops,
according Ia MIR. Webb. Another
clause permits Japanese subjects 10
lease land FOR residential and COM
mercial purposes"
These are the only stlpulations
made, and It is the belief Of the at
torney general that the rights OF Jap
anese subjects 10 land ownership In
The United States stop at this point.
Under the construction OF the treaty,
no land can lie owned or leased by a
Japanese for agricultural purposes,
except that which is already owned,
or for any other purposes except
those set forth In the agreement be-
tween the nations.
Explaining the wording OF the sub
stitute bill. Mr., Webb said.
"Our theory is that. at the time the
treaty was framed. Japan asked for
all the rights as TO ownership of land
In California that the nation desired
FOR her subjects. and that the treaty
as IL now stands represents all that
Japan asked and al that the United
states was willing 10 grant.
This act does not draw the line
upon aliens who are ineligible to citl-
zcnship Those words are not used.
II gives not only to Japan, but 10 ev-
cry nation whose subjects are ineligi-
BILE to citizenship under the laws Of
the United States the full rights TO
ownership Of land in California that
the treaties between the United states
and such nations give
Il is generally believed here that
the new act would accomplish the
ends said to be desired by the people
Of the state namely, prevention OF the
further acquisition by Japanese sub
iects Of farming lands and ranches.
The full text Of the webb bill with
the exception OF an additional clause
renting to the protection Of present
holdings, which Is still to be added, Is
as follows:
Section !. All aliens eligible to cit
izenshlp under the laws Of the United
States may acquire. possess. enjoy
transmit and inherit real property, or
amy interest therein. in this state in
the same manner and to the same ex-
tent as citizens of the United states
except as otherwise provided by the
laws of this state
Section 2 Aliens other than those
mentioned in Section J.. of this act.
may acquire, possess, enjoy OF trans
Ter real property or any interest there
in, in this state in the manner and to
the extent and for the purposes pre-
scribed by any treaty now existing
between the government of the Unit
ed states and the nation or country
of which such alien is a citizen or
subject. aud not otherwise.
Section .. Any company, assoeia-
ton or corporation organized under
me laws Of this or any other state or
nation Of which majority Of the
members are aliens other than those
specified in Section / of this act. or
IN which majority of the issued cap
tal stock is owned by such aliens
may acquire. possess. enjoy ana con
Ney real property or any Interest
therein In this state. in the manner.
and TO the extent and for the pur-
poses prescribed by any treaty now
existing between the government Of
the United states and the nation or
country Of which such members or
stockholders are citizens OF subjects.
aud not otherwise.
section f.-Whcncver it appears to
the court in any probate proceeding
that by reason Of this act any heir or
deViscc cannot take real property in
this state, which. but for said provls-
ions, such heir or devisee would take
as such. the court, instead OF ordering
a distribution of such real property
TO such heir or devisee. shall order
sale Of said property to be made In
the manner provided by law for pro-
Date sales Of real property and the
proceeds Of such sale shall be dis
tribntcd to such heir or lcvisee in lieu
OF such real property.
Section .. Any real property here
after acquired IN fee and violation Of
the provisions Of this act hy any alien
In section Of this act. or
bN any company. association or cor
poratien mentioned in Section Of
this act shall escheat to and become
and remain the real property Of the
state Of California. The attorney gen
eral shall institute proceedings to
have the escheat Of such real prop
erty adjudged and enforced in the
provided in Section 4 Of the
political code and title eight part
three Of the code Of civil procedure
tpon the entry Of final Judgment IN .
such proceedings. the title to such
real property shall pass TO the state
Of California. The provisions Of this
section and of Sections and 2 Of this
net shall not apply to any real prop
erty hereafter acquired in the en-
or in satisfaction Of any 4