Arizona republican., 1913-05-13
Davis of Maricopa Intro duces Resolution in Sen ate Directed to President, Secretary of State, and Senate of U. $.
w ANTS NEW TREATY
 WITH JAPANESE
House Bill 34, Offending Measure Approved by Senate While Jap Re quest Is Refused. Late ness of Session Reason.

The local Japanese controversy as- sumed an entirely new situation yes terday when Senator H. A Davis of Maricopa, introduced in the senate d joint memorial to the president, secre- tary of state and senate of the United States asking that the present treaty between Japan and the United States. owing to the present differences that have arisen, be abrogated.
 As was expected in official circles the Japanese request for a public hear ing upon the provisions of House Bill 34 especially that clause relating to the alien ownership of land, was de- nied. On the double ground that the consideratio of the bill was nearly , completed in the committee of the whole when the application was made. and for the further reason that the session is getting so close to the end that it is not advisable to prolong it. There was, however several amend ments made to the bill while under discussion. It was decided to cut out that portion of the bill that reads ineligible to citizenship and placs therein the provision that nothing in the bill shall be construed as con flicting with any portion of the trea- ies entered into between the United States and other nations. This was done not because of the Japanese pro- test, but because of the existing provisions of the treaty of Guadalupe Hidalgo between the United States and Mexico wherein it was provided that the citizens of Mexico owning land in the United States at the time of the treaty should be secure in their pos sessions and that these citizens of Mexico so guaranteed might sell to still other citizens of Mexico.
 The amendment suggested by Sen ator Cunniff also provided that no alien can own land except mining land which it is admitted can only be oc- cupied during the life of a mine. Other land can be occupied by one who has declared his intention to become d citizen. It was pointed out during the discussion that many states have an anti-alien land bill. many of which have been in effect for many years The laws of the states do notediscrim mate against the Japanese, it is the laws of the United States relative to who may become citizens that discrim-
  the senators. however, thought the bill was not half drastic enough.
 After the bill had been approved and sent towards it's final passage with the regular course check against it. the senate agreed to instruct the chairman of the code committee, Senator J. F. Hechtman, to notify the Japanese as- sociation that their request for hear ing was denied and to state the req x sons above.
 The two sections of the constitutior1ss of the United States and the treaty. with the Japanese that are relied Upon as the basis for the Japanese argument were attached to the resolution They are as follows:
 Sec. 2. Art. 6. Constitukions of U. s.
 "This Constitution. and the laws of the United States which Shall be made in pursuance thereof; and all treaties made. or which sflafi be made, under the authority of the United States. shall be the suprerne law of the land: and the judges in every state shall be bound thereby, any thing in the con stitution or laws ofany state to the contrary notwithstanding
 In 1911 the Unitkd States made a treaty with Japan which contains (Ar- ticle D the following clause:
 "The. citizens ofxxubiects of each of the high contractihe parties shall have liberty to enter. Havel and reside in the territories of Che other: to carry on trade. wholesale<ahd retail: to own or lease and occ34S houses, manufac tories, warehousesnd shops; to em- ploy agents of tNE choice, to lease land for residentiIs7Hnd commercial purposes. and geriaelIy to do anything incident to or necessary for trade upon the same terms as native citizens or subjects. submitting themselves to the laws and regulations there estab lished."
 The Resolution
 To the President of the United States.
 and the Secretary of State, and ~the
 Senate of the United States:
 Your MemorialiSts, the First LegiS- lature of the State of Arizona, Re spectfully represent:
 That by the existing treaty between the United States and the Empire of Japan. certain provisions are made for the ownership of buildings and the leasing of lands by subjects of the
 Continued on Page Five)