The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-05-06
SUPREME TRIBUNAL
TEST is PLANNED
Litigation Likely to Include
Japanese Stand That They
Are Not Mongolians and
Therefore Eligible to Citi-
zenship-New Interpreta-
ton of Treaty Also Ex-
pected-Wasf1ington Anx-
ious to Have Matter Adj
Indicated Soon as Possible

Especial Dispatch TO The CALI
WASHINGTON, May 5.-The Japanese
situation will be brought sauarely to
the attention of congress tomorrow.
when Representativ Britton of Illinois
will offer resolution directing the
house judiciary committee to report a
resolution calling upon the attorney
general to institute proceedings TO
bring the California alien act into the
federal court for annulment as soon az
1t becomes law by the governors
signature. This move Is taken with
the view to having its validity event
ualfs, passed upon BY the United States
supreme court.
Members OF congress and govern
ment officials have believed for some
time that the California act and tbs
status OF the japanese under it would
have to be thrashe3 out In the supreme
court.
There is great interest here In the
Japanese situation as IT develops from
the passage By the California legisla-
ture of the act which prohibits the
ownership OF land in that state by
aliens Ineligible to citizenship The
act was aimed at the Japanese upon the
theory that they are of the Mongoiian
race, and therefore Ineligible to become
American citizens under the constitu-
ton and laws of this country.
TEST CITIZENsHIP RIGHT
The understanding is that the Japs
nese authorities contend they are not
Mongolians and are therefore eligible
to American citizenship. 1t is supposed
finally settled until it is passed upon by
the supreme court.
Another question upon which hnaf
settlement of the treaty may depend is
the proper Interpretation OF the exist
ing treaty between the United States
and Japan Some authorities hold
that the California act would violate
the spirit IL not the letter of the
treaty. This view Is understood to have
considerable support among the Japa-
nese.
In this connection the question arises
act would violate the treaty, the treaty.
which is the law of the land. or the
state law would actually prevail. APP
parently the constitution leaves to
states the regulation Of local matters
such as land ownership, but, on the
treaty is held to bind this government.
EARLY SETTLEMENT WANTED
During the consideration OF the anti
Japanese legislation In California and
the negotiations between the Wilson
administration and the California au-
thorities concerning the matter it has
been broadly intimated that IN the
event the act were passed the federal
government would seek to have the
dispute adjudicated as soon as possible
by the highest tribunal in the land. It
has been the belief that President vii
SOu favored tHe government tdkllS
hand in the matter with view to get
ting the controversy before the supreme
court at the earliest date possible
Secretary Bryan in California stated
that enactment OF the alien land own
ership bill would inevitably lead to
long and troublesome litigation. lie
was speaking for the president, who
also has given an idea OF his views or
litigation being probable in his COM
munications to Governor Johnson.
One suggestion has been that Japa-
nese might institute suit to establish
his rights and that the department of
justice intervene In that proceeding.
Secretary Bryan Is due here Thursday.
and action on the matter, so far as the
administration is concerned. will be
postponed until after he has had an op-
portunity to discuss the situation fully
with the president
The written resolution viii bring the