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Show ANTI-ALIEN LAWS IN CALIFORNIA Tho old question of suite's rights has come to tho forco In tho California situation, and it is significant sig-nificant that n Democratic president nnd secretary of stnto hnvo been prompt In urging, Cnlitornia to consider tho rights of tho nation lis of pummouni Importance. Meantime, California does not seem to bo uniite 'irons In tho belief that nntl-.lapanese legNut on lll""ho'd wi'et. Dr. l)ald Starr Jordan in' i torsldrrrd Miuh 'etl'ilr.tlou In all its phases, nnd Ins given out i ho following summar.zed opinion, which wo tnko fiom the Los Angeles Times: "What shall wc say of the propositions made tn each recurrent Callfo'nla leglMnturo to restrict re-strict land ownership by nllens In tho stato? "Theio four propositions Bcem to bo truo: "1 . Such stntutes nro unconstitutional, if directed di-rected ngnlust nllens of any particular nationality. nation-ality. "2. They aro Invalid, if in contravention of nny existing treaty. This nnd tho preceding bo-Ing bo-Ing mntters to bo finally determined in tho-Fca-crul courts. ",'!. They nro not valid If attacking tho present pres-ent legal rights of ownership. "I. They would, If directed against nil -alien ownership, hnvo sweeping effects, not j'ct est!- . mated. . "As to tho first point: Under our Constltu-. Constltu-. tlon n state ns such cannot make nny treaty or agreement with foreign notion or with a group 'of Its people considered collectively ns members ot such nation. It can therefore not single out ns objects of special legislation tho citizens of nny foreign nation who may bo resldonjB within tho state. This condition Is not changed- If eucn nllens be named indirectly ns 'aliens not eligible t to citizenship.' Such subterfuge does not chnu'gfc tho Intent or tho effect of the statute. "If this principle Is correct, no state (egls-latlon, (egls-latlon, nntl-.lapanese, enn be valid . "As to tho second point: A statute would bo Invnlld if violating tho provisions of any International Inter-national treaty of tho United Stutes. Tho aliens. In tho United States nro, In n sense, 'wards ( tho nation,' ncqulring their rights of travel nnd rosldonco primarily through International treaties. trea-ties. "No Btatuto of tho stato Is, however, Invnllt until It has been so declared by federal courts. The romedy for hny person aggrieved Is therefore there-fore to bo found, not In diplomacy nor In jour-nnllsm, jour-nnllsm, but In appeal to tho courts. "It hn8 not been finally decided that a Japanese Jap-anese Is not ollglblo to citizenship, nor that ho Is n 'Mongolian' by rnco or by origin. "As to tho third point: Wo hnvo tho deel slon of The Haguo Tribunal in 1903, in tho noted no-ted Houso Tax case In Japan. 'Tho Hrltlsh Isles, Germany and Franco vs. Japan.' In this caso It wns decided that a nation could not alter al-ter tho conditions under which nllens havo'"ob talned tltlo to land, except with tho consent 6f such owners. If Japan cannot change concessions conces-sions or snles made under former conditions to foreigners resident In whnt then were her "treaty ports," without their consent, then California Cali-fornia ennnot forco nllens having legal titles to property to soil such property within nny given time nor can sho In nny legal wny tako away such property from them. An.nntl-nllen law apparently ap-parently cannot bo raado retroactive, or change conditions onco legalized. "As to tho fourth point: Tho .bulk of hllen ownership In California Is British. As to the theory Involved, there is no doubt something to be stild on either side; but how the state would finally come out with a sudded reversal policy, no ono knows. ' "Any stato stntuto applying exclusively to a'lens of any special nationality however, disguised dis-guised In phraseology, musi apparently be un constitutional. Such a stntuto would rest on the Impossible doctrlno that a fedoral stato may form nll.nnces or have differences with a lor olgn na Ion, without Involving tho United States This Is, In another form, tho old theory of "n llflcntlon" hat a state may assume to Itso f powers reserved to the federal government, If Dr. Jordan's figuring Is right, therefore It would seom that Japan is ovor-hastv In appealing to diplomacy anil talking wnr. Any legislation thnt Is clearly unconstitutional will bo quickly nullified by tho Amr.iicui) courts, nnd Jnpan, or nny otner nntlon thnt Is discriminated against in unconstitutional unconstitu-tional fashion, will bo restored to Its rights with-out with-out delay. Provo Post, |
