The Washington herald., 1920-11-08
JAPAN TORELY
ON CALIFORNIA
LAND TEST
Will Not Make Diplomatic
Issue Before Validity
Has Been Settled.
TREATY IS CONCERNED
Supreme Court Case In
.volving Negro Segregation
May Have Bearing.
BY ROBERT BARRY,

Japan will not make a diplomatic
issue Of the California landowner
ship law until the test of consti-
tutional validity has been applied
In the civil courts of the United
States. Although some eminent le-
gal authorities In Tokyo have ad-
vised the Japanese government that
the statute would be constitutional,
that view is not shared in respon-
sible quarters in this ctintry. The
law is to be -tesssfsznder the pro-
visions not only OF the Fourteenth
mendment to the Federal Constitu-
tion, but under the working OF the
AmericansJapanese treaty. with
which the Californians sought to
conform in framing the statute.
1t was indicated yesterday that
the test suit would be filed by an
American citizen seeking to dispose
of real estate to a Japanese, and
great reliance is to be placed in
the decision of the Supreme Court
OF the United States in the case
involving validity of the negro seq
enacted In Lou
isville, Baltimore and st. Louis. The
Supreme Court held the Louisville
ordinance inyalid.
Conflict With California.
1t is contended that the provisions
of the treaty between the United
States and Japan appear to initiate
against the validity of the Califor-
mia law. That point. 1t was stated.
would be determined by application
Of the tests of civil law in the United
States and not through diplomatic
correspondence. The whole course of
the discussion now proceeding in
official circles in Washington, indi-
Gates that the hope of the jingoes in
both America and Japan for a seri-
Gus diplomatic issue between the
two nations stands slight chance of
success. although conversations, pro-
ceeding in a spirit of friendliness be-
tween the two governments. may
follow the disposition of the case
by the Supreme Court.
The guarantees in the treaty for
full privileges. liberties and
'Fieifts"sin both the United. States and
and effects of any kind" will be held
MIA, the right to acquire and own
land. That view takes its inspira-
tion from legal definitions of 'ef-
fects" on the ground that effects"
may embrace every kind of property,
real as well as personal.
Right of ChaIIengers.
As to the right of the challengers
of the California law to employ
principles of civil law to the inter
probation OF treaties. in such a case
as is contemplated, it is held to be
we'll established that such right
does exist.
With respect to the constitutional
phase of the case, numerous opin-
ions and expressions by the Su-
preme Court have been collected to
strengthen the Japanese argument,
but the chief reliance, 1t Is thought
at present, would be the view of
the court in the Louisville race seq
regation case buchanan VS.. War
ley, where Buchanan. a real estate
dealer. tested the ordinance in order
to force payment for real estate for
which Marley refused to pay on
the ground that the ordinance de-
MED him the right to reside on the
property. That case, 1t is urged
deals almost directly with the issue
to be raised in the California land
ownership suit-the police power of
the State.
Opinions obtained by high Jap
anese authorities in the United
States, official and unofficial, repose
much faith in the decisions of the
Supreme Court against abridgment
of the basic right of American citi-
zens to dispose of their property
or of the right of all persons, re-
gardless of their citizenship status.
to the protection of the federal
government against class legisla-
tion.
Copyright, 1920, by Public Ledger co.,