Evening star., 1923-11-12
Justices Declare California
and Washington Justified
in Restrictions.
BUTLER SAYS RULING
ALLOWED UNDER PACT
japanese Prevented From Owning,
Renting or Contracting
for Farms.

The alient land laws of California
and Washington, prohibiting aliens
Ineligible to citizenship from owning
or leasing land, were declared valid
and constitutional today by the Su-
preme Court.
Justice Butler delivered the opin-
ion, which held that the question was
one entitled to be considered under
the equity power of the Supreme
merits.
Justices McReynolds and Brandeis
took the position that the cases re-
garding the leasing OF land to Japa-
nese should have been dismissed on
the ground that no justicia BILE Dues
tiOn was presented. Justice Suther-
land took no part in either of the two
cases covered by the decision.
Justice Butler asserted 1T was
clearly within the power of state
to prohibit aliens who had not de-
clared their purpose to become citf-
from owning land. He held the act
was not repugnant to the agreement
with Japan.
Covers Two Cases.
Two cases in which the court de-
livered its opinion were brought. one
by W. L. Porterfield and Y. Mizuno
against state officials of California.
and the other by Frank Terrace. his
wife and n. Nakatsuka against state
officials of Washington. The decision
did not cover two other pending
cases involving the right of aliens
to own stock in 1and-owning cor
poration and the contract rights of
aliens in crops produced on leased
land.
Laws Challenged.
The alien land law cases come from
California and Washington, challeng-
ing the validity of laws which would
prohibit aliens who are not eligible
to citizenship from leasing or owning
real estate. from owning stock In
landholding corporations and from
working land under a cropping con-
tract.
The cases were brought by w. L.
Forterffeld and Y. Mizuno, by Ray
mond l.. Frick and n. Satow and by
]. ]. O'Brien and others against the
attorney general and other officers of
California, and by Frank Terrace and
his wife and n. Nakatsuka against
the attorney general of Washington.
None of these presented the question
of the ownership of land by aliens.
The Porterfield and the Terrace
cases involved attempts of aliens to
lease land, the F'rick case the right
of aliens to own stock in land-own-
ing corporations and the O'Brien case
The states won in all cases in the
lower federal courts except that
brought by OBrien.
Laws Up to States.
While Chinese exclusion and Hindu
restriction laws had been enacted by
Congress, it was up to the states
themselves, the states contended. to
anese colonization for agricultural
and other purposes.
The constitutionality of the alien
land laws, which would forfeit to the
by aliens not eligible to citizenship as
well as that owned or controlled by
aliens who had not declared their in
tention to become citizens. was at
tackled on the ground that it deprived
rights without due process of Law.
and by limiting their right of sale
or lease deprived them of the use of
their property in violation of the fed
eral Constitution. .,t Hn 1t wa was I,l.S furtheS
the japanese of equal protection
by the federal Constitu-
tion and took away their right to
pursue a~lawful occupation. Such
UdSSu TIE
of color, race or nationality. were, in
the opinion of those who aSsailed the
alien land laws, violation Of rights
guaranteed in the treaty between the
United States and Japan.
Objection by Japanese.
Had the states merely provided that
only citizens of the United States
could own land within their borders
the law would not have been objec-
tionable, it was urged in behalf of
the Japanese but they did seriously
object to the iscrimination which
they claimed had been aimed against
them when the law which excluded
them from owning or leasing land
permitted certain other aliens to en-
joy those privileges.
Those bringing the appeals. with
out wanting to "belittle the men of
other races or nationalitfes," declared
that certain nationals which they
named who can own or lease land in
and Washington, are not as
desirable as "the Industrious, enter
prising and Intelligent Japanese
who have converted burning deserts"
into Smiling oases,' and regions in
tested with malaria" into "marvelS of
fertility" The Objectionable legisla-
ton was aimed. it was asserted, to
benefit aliens coming from forty ma
tions, while antagoniStic to the inter-
ests of those coming from ten.