New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-28
Coast LIMOGES Have Such
Specific Assurance from
Roosevelt and David
Starr Jordan.
BOTH U. S. AND STATE LAW
Forbidden Even by California
Constitution, Says Expert
-Redrafted Measure
Aims Squarely at
Japanese.
tBy Telegraph to The Tribune. !


tBy Telegraph to The Tribune
San Francisco. April 27.-When Sec
retary of State Bryan arrives at Sac
ramento tomorrow morning he will
find the state administration and the
legislative majority aligned behind an
anti-alien land bill redrafted in terms
to which the japanese have objected.
The Birdsall bill, prepared originally
by men directly associated with the
Governors Office, has been redrafted
twice. Shortly after its introduction
Governor Hiram w Johnson an
nounced, unofficially, that the Birdsall
bill was the measure that would re-
ceive the administration support. II
denied the right to own real property
to aliens who had not formally de-
clared their intention to become citi-
zens of the United States. There was
no direct sI-.> at the japanese in its
phraseology, and the Governor was in
formed that the language was inoffen-
sive TO the japanese.
Second Time Redrafted.
Subsequently the bill was redraft-
ed TO conform generally to the terms
Of the District of Columbia law. Now,
just as the Secretary of State is about
to enter California, the bill has been
changed by representatives of the adj
ministration to deny the right to own
or lease lands to aliens ineligible to
citizenship"
Theodore Roosevelt has advised Gov.
ernor johnson that in his opinion all
the pending anti allen land bills are
unconstitutional in that they are in
conflict with the terms Of existing
treaties. The ex-President has also
advised the Governor that in his opin.
ion all the anti alien land laws OF the
several states will fall within the same
category, if subjected to the Supreme
Court test.
David Starr Jordan, president Of
Stanford University, and the most ar.
dent of pro-Japanese CaIifornians, 10
insistent that all the pending bills are
unconstitutional for substantially the
same reasons which Colonel Roosevelt
gave Governor johnson.
Thomas Gator. president Of the San
Francisco Election Commission. and rec.
oqnized as one Of the states foremost
constitutional lawyers, declares in
formally expressed opinion that re-
qardless Of federal Constitution or fed
eraI legislation all the pending bills fall
within tho plain innbitions Of the Cali
fornia constitution. He bases his con-
tenton on the declaration OF rights IN
the California organization law, which
specifically guarantees to "all men, the
right Of property.
No one representing the state admin
istration has seen fit TO refute Gators
except in the most general
terms.
POlittCdl SupteTIu9e.
To many close students of Califor-
MAS politics the attitude of the legis-
lative majority indicates a disposition
TO extract all the political capital pos
sible out of the enactment Of law
which will not stand the test OF the
California courts, and at the same time
to avoid responsibility for failure to
provide such legislation.
The effect on the public mind or
Bryans coming is perhaps best lnoi-
Gated bv the rush of eligible aliens TO
the naturalization commissioners, VINO
renort an extraordinary increase or dec
larations within the last three days.
MANY declarations have been imme-
diately followed by filings for public
lands.
The public believes that the Legis-
,ature will probably enact what IL
oenorally regarded as the administra-
tion anti-alien land ownership bill.
Some of the Democratic leaders III the
Senate are beginning 10 regret the COM
ing Of BRYAN. and Senators recognized
as administration spokesmen, notably
Senator Thompson, declare fatty that
tho redrafted Birdsall bill will go
According 10 Senator Thompson. the
hill as redrafted will state plainly that
aliens ineligible TO citizenship VIII not
he permitted to own land in California
or to lease il except for a short time.
To Preserve Arabic Land.
.J see no reason" said Senator
Thompson. why the British or other
ruroneans eligible to citizenship should
NOT hold certain land IL they wish 10
become citizens. There is also no rea-
son. in my mind, why oil. timber and
mining land should not be exempted
from the provisions Of the bill, as the
Japanese do not want that kind Oh
land at all. They want agricultural
land and that is what we intend 10
prohibit their holding.
"By leaving out the land that is capa-
BILE of development for natural re-
sources and Is sought by syndicates OF
European capital We would assure the
further development OF this state by
outside money. Every one will agree
that such money is needed for this pur-
pose"
Significantly enough, administration
announce that Mr.. Bryan
will be compelled to present better ar