The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-21
JAPANESE GROUND SHIFTED.

| The real trouble with Japan - t""
| IL does not seem 10 know where IT IS
at in the matter of the proposed Cali-
fornia legislation which would forbid
the holding OF real estate by ahens'
especially those who are incapable OF
naturalization. The proposed Can
fornia law forbids unnaturalized aliens
10 own land in that state. and gives
them a years time in which to dispose
Of their present holdings, after which
the land would he forfeited 10 the state
if there is nothing done by way OF
transferring the title. In so cnacting.
California would merely be following
the example Of the Federal Government
of the United States and of the I'm
perial Government Of Japan. There
fore. a protest by Japan is altogether
inconsistent.
Other states than California have
passed similar laws, and Japan has
made no uproar about them. and 1t rs
clearly the right of any State 10 make
enactments of this sort without any
foreign country having the least night
TO protest against the enactment; and
since Japan has never promulgated its
law allowing the ownership OF real
estate in Japan by foreigners, and since
that law, even If it were promulgated,
has so many and such important e1'
ceptions that 1t would be practically
valueless to aliens in japan. the posi-
ton of Japan is utterly indefensible on
the main question.
II appears, indeed. that Japan is be
ginning to sense this Inconsistency, for
it is said to be preparing to make
case before the Supreme Court of the
United States not on the land question,
but on the naturalization question. Ac.
cording TO the acts OF Congress of lsO2
and 1924, only Hfree white persons
are capable Of naturalization. By the
act OF 1870 the benefits of the law
were extended TO "alieus of African
nativity and persons OF African dc
scent. The case that Japan viii
make before our highest judicial I'm.
bunal is in opposition to the Federal
law which forbids Japanese from being
naturalized, the claim being that Japa-
nesc are not Mongoliaus and that there
fore, they can fairly be included under
the term "frec white persons. Prima
facie, this might be considered Joke;
but that is really the only ground upon
which Japan can bring any suit in the
courts Of the United States that would
have any bearing whatever upon this
California legislation. If the Supreme
Court Of the United States should hold
that the Japanese are not Mongolians,
these being expressly excluded, there
might be possibility for that great
court TO hold that japanese are eligi-
BILE TO naturalization in the United
States, as ''free white persons. - Still,
that hope is extremely remote, for the
term "Mongolian in the law would
probably not be confined merely to
residents of Mongolia, bat to all Of the
or yellow races. including
The Chinese, japanese, and Koreans, as
we'll as the Malayans, The term would
be construed Just as the term "Cau
casian' is construed, not as residents
Of Caucasia, but as members of the
race commonly called Caucasian
But whatever Japan may think about
the California legislation, the keynote
Of any contest that 1t may make
against that legislation must be on the
race question, and the eligibility OF
Japanese to naturalization. This OF
course, is an abandonment OF the whole
aliens as such. and ceases to be a con.
tention between Japan and California.
and becomes a contest between Japan
and the United States, 30 that as early
as this in the game, japan has com
pletely shifted its ground, because its
former contention was absolutely un.
tenablc. 1t must be confessed, also.
that its present declared intention
seems so unlikely of success that it can
be only described as legal forlorn
hope.
The advice of Secretary Bryan to
Governor johnson of California in this
Hhahbci 10 hSItlI ny Way VI COunoel
and not admouition, much less by way
Of asserting any claim of the United
States 10 interfere, for it is expressly
stated that there is no objection to the
measure on this subject that is now
pending in the California Senate. And,
since the whole action proposed by this
land legislation in California is based
upon the naturalization laws of the
United States as expressly construed
by the Supreme Court. it would be abb
surd for the Federal Government to
any official or actual med.
ding with the States rights and privi-
leges in this matter.