The Detroit times., 1913-05-03
Vice-Prestdent Points
To Laqv's Possibilities

President Marshall. speaking to q
United Press correspondent as q
plain citizen today, opened up q
bran dnew angle TO the California
Japanese emproglio The vice-presi-
dent made it plain that he was speak
Ing solely as Lawyer Marshall"
not as the second in command Of the
nation.
| A"joker" in the United States
| naturalization laws which may de-
feat any and all anti-alien land
Ownership laws in California or Anv
other state may pass. was the dis
covery explained by Lawyer Mar
shall"
That Japanese. Chinese, Hindus
and members of other Asiatic races
may possibly become citizens Of the
United States. and entitled to the
privilege Of land ownership, the
right to vote and every other priv
ilege OF thenative born American ex-
cept the right to become president.
was his plain inference Of possibili-
ties.
MY recollection Is that there
isn't any law that authorizes an ap-
a
district Judge" said the vice-presi-
dent. speaking in his capacity as an
attorney-"to the United States su-
preme court on the question OF nat
uralization and that the courts OF
the west have held that Japanese
are not entitled to become citizens
by naturalization.
1T might be worth while to con-
sider," Marshall continued, cooking
his eyes through his great tortoise
shell goggles. whether. IL land
law Is passed in California appli-
cable to Japanese aliens exclusively
II such legislation might not open
|up a way OF appeal on the subject
OF naturalization to the United
States supreme court, and whether.
II such appeal were taken, the SUI
preme court might not hold that Jap
anese are entitled to become natural
lied and thus thwart the very pur-
pose OF such an tnti-alien land bill"
Waiting for this lefal observation
to sink in" Lawyer Marshall light
ed long thin cheroot, the size of
a lead pencil. which he says his
present tobacco hobby. He pulled
|reflectively, and added:
California might do we'll to think
that over.
1.-THE lower courts" Attorney
Marshall continued, "have held that
all Asiatics are not entitled to natur-
alization But that construction of
the law has never been approved by
the supreme court You know. II
might be overturned. There has
never been an appeal.
"Wait now,-Ill be sure that"
Marshall continued. He grasped his
desk telephone and called up the
clerk OF the supreme court. He who
answered scurried to collect data
and this was found to sustain Attor-
ney Marshall.
THUS" he said, broadly speak
ing. each state has the right to de-
termine for itself whether II will or
not permit aliens or any class OF
aliens to own real estate In fee
simple within the state.
Blu the states have delegated to
the general government the power
to make treaties, and II any treaty
should guarantee TO foreign power
the right to hold estate in fee
simple, that treaty would control.
at least insofar as the right to OBJ
tain damages Is concerned, II a state
should wipe out by legislation the
provisions Of the treaty"
How about repeating such a
treaty. the United Press correspon-
dent asked.
Now your't getting me into deep
water" was the answer. the mantle
Of the vice-presidency instantly re-
placing the attorneys brief
| I'm giving my views as a law
yer, Marshall concluded when
you begin to mention repeals Of
treaties, I've got to stop talking both
as lawyer and otherwise"