The Birmingham age-herald., 1913-04-30
NEW ALIEN BILL is
DRAWN UP BY THE
CALIFORNIA SOLONS
Continued from Page one)


~--~-------------->~--
struction of the treaty, no land can be
owned or leased by japanese for agri-
cultural purposes, except that which is
already owned, or for any other purposes
except those set forth in the agreement
between the nations.
Explaining the workings of the sub
stitute bill, Mr.. Webb said:
Our theory Is that at the time the
treaty was framed Japan asked for all
the rights as to ownership of land in
California that that nation desired for
her subjects, and that the treaty ar tt
now stands, represents all that Japan
asked, and all that the United States
was willing to grant.
"This act does not draw the line upon
aliens who are ineligible to citizenship.
Those words are not used IL gives not
only to Japan but to every nation whose
subjects are ineligible to citizenship un-
der the laws OF the United States, the
full rights to ownership of land In Cali
fornia that the treaties between the Uni
ted States and such nations give
It is generally believed here that the
new act would accomplish the ends said
to be desired by the people of the state.
namely, prevention of the further ac-
QUESTION by Japanese subjects of farming
lands and ranches.
Text OF Bill
The text of the Webb bill, with the
exception of an additional clause, relating
to the protection of present holdings,
which is to be added, is as follows:
Section /. All aliens eligible to cit
izenship under the laws of the United
States may acquire, possesse, enjoy,
transmit and inherit real property or
any interest herein in this state in
the same manner and to the same eX--
tent as citizens of the United States,
except as otherwise provided by the
laws of this state.
Sec. 2. All aliens other than those
mentioned in section l of this act may
acquire, possess enjoy or transfer real
property or any interest therein In this
state in the manner and to the eX-
tent and for the purpose prescribed by
any treaty now existing between the
government of the United States and
the nation or country of which such
alien is citizen or subject and not
otherwise.
Sec g. Any company, association or
corporation organized under the laws
of this or any other state or nation,
OF which a majority of the members
are aliens, other than those specified
in section 1 of this act. or In which
majority of the issued capital stock
is owned by such aliens, may acquire,
possess, enjoy and convey real property
or any interest therein in this state
in the manner and to the extent and
FOR the purpose prescribed by any
treaty now existing between the gov
ernment of the United States and the
nation or country of which such mem
hers or stockholders are citizens or
subjects and not otherwise.
Sec. 4. Whenever it appears toe the
court in any probate proceeding that
by reason of the provisions of this
act any heir or devisees cannot take
real property in this state which, for
said provisions, such heir or devisee
would take as such. the court, instead
OF ordering a distribution of such real
property to such heir or devisee shall
order a sale of said real property to
be made in. the manner provided by
law for probate sales of real property
and the proceeds of such sale shall
lie distributed to such heir or deYigee
in lieu of such real property.
Real Prosperity
Sec. 3. Any real property hereafter
acquired in fee in violation of the
provisions of this act by any lien men,
toned in section of this act, or by
any company, association or corpora
ton mentioned in section of this act,
shall escheat to and become and re-
main the real property of the state of
California. The attorney general shall
institute proceedings to have the es-
cheat of such real property adjudged
and enforced in the manner provided
by section 474 of the political code and
title s, part 3, of the code of civil pro-
cedure. Upon the entry of such final
proceedings the title to such real prop
perty shall pass to the state of Call
fornia. The provisions of this section
and of sections 2 and 8 of this act
shall not apply to any real property
hel eafter acquired in the enforcement
or in satisfaction of any lien now ex
listing upon or interest in such prop
orty SO long as such real property so
acquired shall remain the property of
the alien company, association or cor
poration acquiring the same in such
manner.
Sec. s. Any reasehold or other in
terest in real property less than the fee
hereafter acquired in violation of the
provisions of this act by any alien
mentioned in section of this act or
hy any company, association or cor
poration mentioned in section Of this
act. shall escheat to the state of Cali
fornia- The attorney general shall in
stitute proceedings to have such es-
cheat adjudged and enforced as pro-
vided in section of this act. In such
proceedings the court shall determine
and adjudge the value Of such lease
hold or other interest In such real
property ana enter judgment Iof the
state for the amount thereof together
with costs. Thereupon the court shall
order a sale of the real property COW
cred by such leasehold or other in
terest in. the manner provided by sec
ton 1871 of the code of civil proce-
dure. Out of the proceeds arising from
such sale the amount of the judgment
rendered for the state shall be paid
into the state treasury and the balance
he
by the court in accord with the in
terest of the parties therein.
Sec Z. Nothing in this act shall be
construed as limitation upon the
power of the state to enact laws with
respect to the acquisition, holding or
disposal by aliens of real property in
this state.
Sec s. All acts and parts of acts in
consistent or in conflict with the pro-
visions of this act are hereby re-