Bisbee daily review., 1920-12-19
NE W CALIFORNIA LAND LAW NOW
 IN EFFECT
Anti-Jap Initiative Measure Passed Last Election Is
 Already in Operation


 California's new and more drastic anti-alien land law, an iniative act ap- proved at the general election last month, became effective Thursday.
 It withdraws the three-year agricul- tural land leasing privilege from aliens ineligible to citizenship and seeks to close loopholes in the ocigi- nal law of 1913 through which, it is said, Japanese were continuing to gain control of California farm land
 Specifically it provides that no alien ineligible to citizenship nor any organ ization controlled by sucn aliens may act as guardian of minor who, be- cause of birth in this country, may legally acquire agricultural land.
 The controversy over the measure brought forth opposing interpretations of the treaty between the United States and Japan. The act provides that any alien ineligible to citizenship may acquire. use, transmit and in- herit real property only as prescribed by treaty-and not otherwise. Oppon- ents of the law contended that the pro- vision of the treaty with Japan per mitting Japanese in this country to own or hire and occupy lands for res idential and commercial purposes" must be interpreted to include agri-' cultural lands.
 "The treaty is intended" said the formal argument against the bill on the ballot, "to give the Japanese privi- to ,r1Io at and. therefore, protects their rights to lease land for production"
 This view was directly contrary to that of the supporters of the measure. V. s. McClathy in the formal argu ment for the new act, wrote;
 Treaty Rights Guarded
 Treaty rights are fully safeguard ed and citizenship of native born in not affected. All Japanese legitimate ly here may remain indefinitely in any occupation selected by them, and will be protected in all property rights acquired As agricultural laborers in California they could earn much more than in any occupation in their own land. The birth rate will insure in crease rather than decrease of the Japanese in this state.' The argument further pointed out that in this measure California was seeking only to give to her citizens the same protection afforded by law in Japan to the citizens of that country. Among the new sections added to the 1913 act by the new law are these:
 Thereafter all aliens, other than those specified in section one hereof (those eligible to citizenship, may be- come members of or acquire shares or stock in any company, association or corporation that is or may be author ized to acquire, possess, enjoy or con- vey agricultural land. in the manner and to the extent and for the purpose prescribed by any treaty now exist ing between the government or the United States and the nation or coun- try of which such alien is citizen or subject, and not otherwise.
 Heavy Penalties
 Thereafter no alien mentioned in section two thereof Ineligible to citi- zenship) and no company, association, or company mentioned in section three hereof (controlled by ineligible aliens) may be appointed guardian of that pOTllOu Ol IHc eSIdIc Ol d AhihOi which consists of property which such alien or such company, association or corporation is inhibited from acquir- ing, possessing or transferring by req son of the provisions of this act. The public administrator of the proper county or any other competent per son or corporation. may be appointed guardian of the estate of minor citl- zen whose parents are ineligible tc appointment under the provisions of this act''
 Such administrators as may be ap- pointed under the provisions just quoted will be required, according to the new law, to make detailed reports on the estate they are administering to the secretary of state.
 Violation of the provisions of the law referring to guardianship is made "a misdemeanor and shall be punished by fine not exceeding 5000 or by Q imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment"
 Conspiracy to effect transfer of real property in violation of the pro. visions of the law is made punishable by imprisonment in the county jail or state penitentiary not exceeding two years, or by fine not exceeding S5O00 or both.
 The act does not affect pending ac- tions or proceedings.