The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1913-05-01
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ANTLALIEN LAWS IN CALIFORNIA

the force in the California situation, and 1t sig
nifcant that Democratic president and secretary
Of state have been prompt in urging California to
consider the rights of the nation as of paramount:
Importance
Meantime California does not seem to be unun1
viii 'ho'd wrer." Dr. David Starr Jordan has
considered such legislation in all its phases. and
as given out The following summarized opinion,
which take from the Los Angeles Times:
What shall We say of the propositions made
in each recurrent Califo mia legislature to
strict land ownership by aliens in the state?
These four propositions seem 20 be true
81. Such statutes unconstitutional. IL di-
rected against aliens of any particular nation
atty
70. They are invalid, If in contrayenticn of
any existing treaty This and the preceding be-
ing matters to be finally determined in the Fed
eral courts.
"3. They are not valid If attacking the pres
ent legal rights of ownership. ta
"a. They would If directed against all alien
ownership, have sweeping effects, not yet esti-
mated
AS to the first point Under our Constitu-
ton state such cannot make any treaty or
agreement with foreign notion or with a group of
its people considered collectively members OF
such nation. 1t can therefore not single OUT as
objects of special legislation the citizens of any
foreign nation who may be residents within the
state This condition is not changed. If sucn
aliens be named indirectly as aliens not eligible
to citizenship. Such subterfuge does not change
the intent or the effect of the statute.
IF this principle is correct, no state legis
lation, antiJapanese can be valid
"As to the second point A statute would be
invalid If violating the provisions of any inter
ms of thn Irpitn
in The United States are, in a sense wards
the nation, acquiring their rights of travel and
residence primarily through international trea.
ties
mo statute of the state u.s. however invali1
until 1t has been SO declared by federal courts
The remedy for any person aggrieved is there
fore to be found, not in diplomacy in jour
nalism but in appeal to the courts
1T has not been finally decided that Jap
anese is not eligible to citizenship, nor that he
is Monaghan by race or by origin s..
AS to the third point: We have the deci
sion of The Hague Tribunal in 1905, in the no
ted House Tax case in Japan. The British
Isles, Germany and France VS.. Japan. In this
case 1t decided that a nation could not al
ter the conditions under which aliens have OBJ
tanned title to land, except with the consent Of
such owners If Japan cannot change conces
sons sales made under former conditions to
foreigners resident in what then were her
treaty ports" without their consent, then Cali.
fornia cannot force aliens having legal titles to
property to sell such property within any given
tme-nor can she in any legal way take away
such property from them. An antialien law ap.
parently cannot be made retroactive, or change
conditions once legalized.
"As to the fourth point: The bulk Of alien
ownership in California is British As to the
theory involved, there is no doubt something to
be said on either side but how the state would
finally come out with a sudden reversal policy
no one knows.
ANY state statute applying exclusively to
aliens of any special nationality however dis.
guised in phraseology, mus. apparently be un.
constitutional. Such statute would rest on
the impossible doctrine that federal state may
form alliances have differences with Tor.
eign ma ion, without involving the United States
This is, in another form, the old theory OF N
Iihcation'- hat state may assume to tse
powers reserved to the federal government"
II DR.. Jordans figuring is right, therefore it
would seem that Japan is overhasty In appealing
to diplomacy and talking war. Any legislation that
Ia clearly unconstitutional will be quickly nullihed
by the American courts and Japan, or any other
nation that is Disseminated against in unconstitu,
tional fashion, will be restored its rights with
out delay. Provo Post
j. 4. i.
Cities grow when they have officials that work
for all citizens alike officials that expect criti-
cism well commentator and who big
enough to take both. Cities suffer when officials
get the swell head" under commentator and car
ry crouch under criticism.
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Now that the city commissioners have found
pure water, all good citizens will unite with them
in devisng ways and to bring it to the city,
j. i i
That $4,000 item would not have been bad
had it been tucked away TO assist in he water
either.
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New York heiress is about TO marry a man
who is not her ideal Probably she has seen a
few OF her ideals shattered.