The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-04-17
Head of Election Commits
sion Says japanese Acquir-
ing Property Would
Not Be Affected :
CONSTITUTIONAL
PROVISION IN WAY
Article Guaranteeing Rights
to "All Men, Would Have
to Be Amended

Backed by the constitution of Cali
fornia. Thomas " Gator, president of
the San Francisco election. commission
and constitutional lawyer of recog-
nized standing. yesterday. asserted
that the Dills pending in the legssla-
ture are invalid as against Japanese
who acquire property. Mr. Gator says
that the state might accomplish the
purpose sought. but only after the con-
stitution has ben amended
Mr.. Gator said:
I have been surprised that there
should be SO much anxiety at Washing
ton or elsewhere over the proposed
alien land bill pending at Sacramento.
the essential element of which is to
provide that if aliens acquire land
they shall forfeit the same by way Of
escheat to the state of California un-
less within one year thereafter, or
some fixed time thereafter, the owner
makes lawful declaration of inten-
ton to become citizen of the United
States.
AS a native japanese can not pos
sloly make such lawful declaration,
by reason of the fact that the natural
ization laws of the United States do
not permit 1t. it is expeced that all
Japanese who so acquire land will au-
tomatically. and OF necessity, forfeit
such lawful declaration of intention.
ARTICLE OVERLOOKED
It seems to me that the authors
Of this legislation have entirely over
looked article I Of the declaration of
rights, which is a part of the consti-
tuition of California. and which reads
as follows, under the heading of In
aiienable Rights of Man
"Secfion All men are by ma
fnre free and independent, and
have certain inaIienabIe rights.
among which are those of enjoying
and defending life and liberty; ac-
quiring, possessing and protecting
property; and pursuing and obtain
Ing safety and happiness.
If this clause were not in the con-
stitution the powers of the sovereign
state over acquisition and possession
of property would be different, but this
provision is constitutional guarantee
to all mem
ALIENS INCLUDED
Japanese are men, all aliens are
WI
California to acquire. possess and pro-
teet property. This includes real es-
tate, and as they are permitted to ac-
quire the property, even by this pro-
posed law, they can not be forbidden
to possess the same, at least during
their lifetime. Without discussing the
powers of the state over the property
of which man dies seized. it is suf-
ficient to say that where a man is given
the right to acquire and possess prop
erty, 1T can not be taken from him dur
Ing his lifetime. by any method other
than forfeiture for crime, or the fail
ure to perform some act commanded by
the state, which 1t Is possible for the
owner legally to perform.
.'Tbe federal government having
specifically made 1T Impossible for
the Japanese to make a lawful dec
Iaration of intention to become cit
liens, 1t is beyond the power of the
state of CALIFORNIA;. under It's pres
ent constitution, to declare that
property lawfully acquired, shall be
forfeited or escheat by the omis-
sion of the owner to perform an act
which has been so made legally I'm
possible for him to perform. There
are methods doubtless by which
the Legislature, or the state. after
certain amendments to it's consti
tuition might accomplish the pur-
pose sought by these bills, but the
bills as at present proposed are In
valid againsf the Japanese who
acquire property."
GOVERNOR WITHH0LDS VIEW
The substance of Mr.. Gators con-
tention was conveyed to Governor
Johnson in Sacramento last night. but
the governor would not express an
opinion until he had had an opportunity
to look carefully into the point raised.
IATILSON STANDS BY