The Alaska daily empire., 1920-10-26
CALIFORNIA FIGHT
LOST, jAPS ADMIT
CONTINUED from Page Oue)

ents assert, will conform strictly 20
the letter of the treaty between
japan and the United States, in
which the Japanese residents were
granted certain privileges. The OPP
ponents of the new law declare that
the issue raises the question OF all
Interpretation Of phraseology in the
treaty, wherein it is provided that
the Japanese residents in the United
States may own or hire and occupy
houses, manufactures, warehouses
shops and premises and lease lands
for residential and commercial pur-
poses"
1t is pointed out by the persons OPP
posed to amending the present law
that the leasing of land for CONNER
cial purposes" contemplated the leaa-
ing of land for agricultural purposes.
The voters of the state have had
the legal verbage of the matter ciari-
fled by arguments for and against 1t,
respectively, by V. S. McClatchy, pub
Usher of the Sacramento, Cal, Bee,
and by John p Irish. an extensive
land owner os Stockton, Cal.
In behalf of the measure, Mr.. Nc
CATCHY says in part:
Through the measure, California
seeks, as is her inherent right, to
reserve her lands for Americans pre-
cisely as Japan reserves her lands
for the Japanese. Its primary pur-
pose is to prevent Orientals who
cannot become American citizens
from controlling our rich agricultural
lands. xxx
Law Defied, Claim
Our present treaty of commerce
with Japan deliberately omits. from
the privileges granted the Japanese
in this country, either ownership OF
lease of agriculture lands. Japan has
always prohibited ownership or lease
or use of agricultural lands in Japan
by Americans or other foreigners.
"Orientals and more particularly
Japanese, having commenced to Sc
cure control of agricultural lands In
California, there was enacted in 1913
the Alien Land Law, which prohibits
ownership-or lease beyond three
years-of agricultural lands by aliens
ineligible to citizenship.
"In defiance of that law, through
various subterfuges, including use OF
dummy corporations and ownership
entails, largely Japanese, are fast Sc
curing control of the richest agricul
tural lands in the state, through lease
or ownership, the proportion already
controlled in some counties, being
from so to rs per cent.
THE initiative measure simply
closes the loophole in the 1913 law
which permits violation and evasion
thereof. In addition it forbids. even
short leases"
Arguments Against
In his arguments against the meas
ure, Mr.. Irish discusses the CONNER
cial treaty with Japan and declares
that 'in its economic definition. com
merce consists of production, trans.
mutation and exchange; production
is the ranking element. because with
out il there can be no commerce.
TIL treaty is intended then" the
opposition argument. continues. "To
give the Japanese privilege to enter
upon complete commerce. and there
fore protect their rights to lease
lands for production. Any other in
teruretation twists the plain language
of the treaty into vain repetition.
Considered in the light of the
Fourteenth Amendment to tho Con
gtitution of the United States, which
seys, No state shall deny to any per
son within its Jurisdiction the equal
protection of the laws we find that
the initiative is in conflict with our
constitution since it proposes dis
cr;minatOry classification of aliens con-
ferring upon one class tho protection
of the law which is denied to another
class.
Discrimination Alleged
This discrimination applies also