Imperial Valley press., 1923-12-27
Crop Contracts
. Not Permissible
Says Official
Continued from page ~

] l'll III lHlS WY L Htb We mlSHt bC
able to work ourselves into posi-
! tion whereby we could do without
the automobile, but if they were
/ all taken from us today, it would
work an extreme hardship upon us,
and that the situation respecting
the farming of agricultural lands
! by aliens in Imperial coAntv was
very similar to that; we might be
able to work ourselves into posi-
tion whereby we could get along
without them, but if they were all
driven from the farms at this time,
thousands of acres of land in our
county would, very likely, lie idle,
and while | was of the opinion that
/ 4 cropping contract, or any lease
was not permissible under the law.
vet l believe that n contract of EN-
plovment by land owner with an
alien ineligible to citizenship could
be so drawn as to come within the
law whether the ineligible alien was
paid so much per month or so much
per acre for farming the land, or
whether in addition to his monthly
salary, and as 4 part of his salary,
he was given a sum equal to GER
tain percentage of the net profits
derived from the crop grown by
him. or whether in addition to his
monthly salary and as part of his
salary he was given bonus; pro
| Vided, in such contract the land
owner maintained absolute control
over the land and crop.
Quotes From Letter
~ explained to the attorney
| general that if land owner had
land he desired to have farmed by
aliens ineligible TO citizenship, that
the land owner could better afford
in many cases TO pay such alien 9
bonus in addition and as 4 part of
his salary, or Il sum equal to GER
tain per cent of the net profits de-
rived from the crop, because by 50
doing he could expect, and it is
| reasonable to assume, that the alien
would do better work, raise bet
ter crop and take better care of the
land. In this, the attorney general
disagreed with me and in the letter
! hereinafter referred to, he said
." Each of these contracts, if eX-
ecuted, will give to the ineligible
alien Il degree of proprietary con
troll over agricultural lands and will
make of him sharer i'll the pro-
duet of such lands. Such ineligi-
bic alien will of necessity be plac.
ed in the physical possession of the
lands and become the occupant
thereof or settler thereon. These
contracts entered INTO and the
rights giveu thereby exercised, the
substantial results flowing there
from in their effect upon public
welfare will not be greatly differ
ent than would result from owner
ship or occupancy under lease.
"'In the case of Webb VS.. o.
Brien, determined by the Supreme
Court of the United States, Novem-
Der 10, 1928, in speaking of a con
tract in some provisions unlike the
contracts which YOU submit, but in
practical effect and operation
quite similar, it was said:
80 Assuming that the proposed
arrangement does not amount to a
license or to Il transfer of an in
! terast il rca! property, and that Il
Includes the elements of Il con
tract of employment Gin the matter
of Okahara, supra,) we are of the
opinion that it is more than Il con-
tract of employment; and that, if
executed, it will give to Inouye
(the ineligible alien) Il right to use
and to have or share in the benefit
of the land for agricultural pur-
poses.
'"The contracts which you pre-
sent accomplish all of this and |
quote from the closing paragraph
of the opinion as follows: @
May Cause Some Loss
''The privilege to make and car
ry out the proposed cropping con.
tract, or to have the right to the
possession, enjoyment and benefit OF
land for agricultural purposes as
contemplated and provided for there
in, IS not given to japanese sub
iects by the treaty. The act de-
nies the privilege because not given
by the treaty. No constitutional
right Of the alien is infringed.'
'"'A copy of this opinion for yoln
! information was heretofore by this
Office mailed yOu.
'''I am not without knowledge OF
;hc inconvenience and possible los:
that a compliance with this law may
cause some owners of agriculture
land, but oh servance of the law can
not be excused for these or any 9th
er reasons.
''This legislation was enacted by
the people of tins state and the legis
lature in pursuance of the police
power, and often in the proper ex
ercise Of that power rights Of indi
viduals are restricted that publ,
welfare may be subserved. The leg
islation has finally been approved
and compliance Herewith must b'
required
To Convene Soon
"In view of the attorney gener
al s attItude in this matter, | an
not ih position to advise differentl,
from what he has already said. How
ever, the attorney general stated
that it was his idea to call the dis
trict attorneys of California to
gethcr in San Francisco at n date
not later than the second Saturda,
in January for the purpose of dis
cussing this matter and in arrivin,
at some uniform method in handling