The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-04-22
ILAND TITLES WILL
Be DENIED TO
JAP ANESE
California Will Enact Pr0hibi-
tory Statute
AID MINlSTRATl0N IS WORRIED
Legislature at Sacramento Disposed
to Disregard Wishes of the
President.
ADMINISTRATION IS WORRIED

Washington, April 22.-News of the
determination of the legislative lead
ers in Sacramento, Cal, to frame and
pass an alien land-owning bill directly
discriminating against the japanese,
unofficially conveyed yesterday to the
White House and state department
was received with grave concern and
disappointment Such a development
had not been expected in view of the
first favorable comments in California
on the presidents suggestion that re-
gard be had for the preservation OF the
friendly relations between this coun-
try and the oriental nations. Without
exact knowledge of the form the dis
elimination will take in the new bill,
officials at Washington assume 1t will
resemble the so-called Assembly meas
ure, which proposed to bar from laid
holding persons ineligible to citizen
ship, which covers only the Chinese
and japanese.
The administration Is not yet at the
end of its resources, and will continue
it's efforts to ameliorate the harsh
features of the projected legislation un
til the measure is beyond reach of
amendment In that direction. While
the president has in his message to
Gov. Johnson, transmitted through Sec
rotary Bryan. recognized the right of
the people of California to legislate &C.
cording tc their judgment on subject
OF land tenure, he is also under the
obligation of guarding against en-
croachment by state legislation upon
that part of the field of international
relations reserved by the constitution
to the national government. Therefore
in the event that the California legis-
lation takes the form of direct discrim
nation against the Japanese, in viola
ton of what the administration itself
regards as their treaty rights. the ma
tional government itself might enter
the lists against the state of Califor-
MIA before the judiciary tribunals of
the land.
1t does not follow that the United
States government would take the mi
tiative in the judicial proceedings in
tended to test the legality of the
states action. In the ordinary course
the initial step would be taken by
Japanese individuals or corporations in
California whose lands are sought to
be escheated. But it is fully expected
that the department of justice would
come forward as an interviewer throw
ing the weight of the United States
government into the scale in defense
of the treaty rights of the Japanese.
II the state courts should uphold such
statute, the case would be appealed
to the United States circuit court and
almost certainly by one party of the
other. taken to the United States SUI
preme court which tribunal has never
yet passed upon the claim of the Jap
anese to the right of naturalization in
the United States.
An important development in the
question is the announced purpose of
the opponents of anti-Japanese legis-
lation to challenge the correctness of
the figures and the statements rela.
tive to the extent of the so-called Jap
anese invasion of California, telegraph
ed to Washington from Sacramento,
by the legislative leaders in answer to
Representative Raker's request. For
some time past quiet seach has been
made OF the United States immigra-
ton bureau and of the California tax
offices and other places where data
might be found bearing upon the pre-
else number of Japanese landowners
in California, and the extent of their
holdings and these figures soon will be
laid before the state department.