APPENDIX IX THE CALIFORNIA ANTI-ALIEN LAND LAW An act relating to the rights, powers and disabilities of aliens and of certain companies, associations and corporations with respect to property in this state, providing for escheats in certain cases, prescribing the procedure therein, and repealing all acts or parts of acts inconsistent or in conflict herewith. [Approved May 19, 1913.] The people of the State of California do enact as follows: SEC. 1. All aliens eligible to citizenship under the laws of the United States may acquire, possess, enjoy, transmit, and inherit real property, or any interest therein, in this state, in the same manner and to the same extent as citizens of the United States, except as otherwise provided by the laws of this state. SEC. 2. All aliens other than those mentioned in Section 1 of this act may acquire, possess, enjoy, and transfer real property, or any interest therein, in this state, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the government of the United States and the nation or country of which such alien is a citizen or subject, and not otherwise, and may in addition thereto lease lands in this state for agricultural purposes for a term not exceeding three years. SEC. 3. Any company, association or corporation organized under the laws of this or any other state or nation, of which a majority of the members are aliens other than those specified in section one of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy, and convey real property, or any interest therein, in this state, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the government of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise, and may in addition thereto lease lands in this state for agricultural purposes for a term not exceeding three years. SEC. 4. Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee can not take real property in this state which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a distribution of such real property to such heir or devisee, shall order a sale of said real property to be made in the manner provided by law for probate sales of real property, and the proceeds of such sale shall be distributed to such heir or devisee in lieu of such real property. SEC. 5. Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to, and become and remain the property of the state of California. The attorney-general shall institute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section 474 of the Political Code and title eight, part three of the Code of Civil Procedure. Upon the entry of final judgment in such proceedings, the title to such real property shall pass to the state of California. The provisions of this section and of Sections 2 and 3 of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property so long as such real property so acquired shall remain the property of the alien, company, association or corporation acquiring the same in such manner. SEC. 6. Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to the state of California. The attorney-general shall institute proceedings to have such escheat adjudged and enforced as provided in Section 5 of this act. In such proceedings the court shall determine and adjudge the value of such leasehold, or other interest in such real property, and enter judgment for the state for the amount therof together with costs. Thereupon the court shall order a sale of the real property covered by such leasehold, or other interest in the manner provided by section 1271 of the Code of Civil Procedure. Out of the proceeds arising from such sale, the amount of the judgment rendered for the state shall be paid into the state treasury, and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein. SEC. 7. Nothing in this act shall be construed as a limitation upon the power of the state to enact laws with respect to the acquisition, holding or disposal by aliens of real property in this state. SEC. 8. All acts and parts of acts inconsistent, or in conflict with the provisions of this act, are hereby repealed. APPENDIX X RÉSUMÉ OF THE DIPLOMATIC CONFERENCES TO THE CALIFORNIA ANTI-ALIEN Anti-Japanese bills were introduced into the California State Legislature every year for a period of more than ten years. Owing however, to wise counsel and cooperation on the part of the governments and people of both the United States and Japan, nothing serious occurred until 1913. In that year among thirty such bills, the one dealing with questions of landownership and leasing was passed. On account of the frequency of such bills the government and people of Japan had become deeply wounded. When accordingly the Webb bill was proposed and seemed likely to pass, the Japanese government interposed its objections. After the bill became law, it entered its diplomatic protests and sought a rectification of the situation. The record of that procedure merits study by those who desire the maintenance of international friendship based on good neighborliness. The important features of the Act are as follows: 1. Aliens who are eligible to citizenship under the laws of the United States may, equally with citizens, acquire, possess, enjoy, transmit, devise, and inherit real property and any interest therein. 2. Aliens, who are not eligible to citizenship may acquire, possess, and transfer real property and any interest therein, to the extent prescribed by existing treaties between the United States and the country of which such aliens are citizens or subjects, and not otherwise. Corporations, a majority of whose members are aliens ineligible to citizenship, or a majority of whose stock is owned by such aliens, are treated the same as ineligible aliens. 3. Any real property and any interest therein, acquired in violation of the Act, to escheat to the state. 4. Aliens and alien legal persons belonging to the class mentioned in Section 2 are permitted to lease land for agricultural purposes for a term not exceeding three years. The law, it will be noted, takes adroit advantage of the fact that Japanese are not now regarded by our courts as eligible for citizenship, to deprive them of certain economic advantages which are granted to aliens of other nations. It is this invidiously discriminatory phase of the law which forms the main issue between the Japanese and the United States. The Japanese government claims that it is "unjust, unfair, and in conflict with the treaty." On March 5, 1913, Viscount Chinda conveyed to President Wilson the message of his government to the effect that the proposed bills pending in the California State Legislature, if passed, would have serious effect on the friendship of the two countries. President Wilson promised to do all that he possibly could. On March 13, Secretary Bryan gave the ambassador the same assurances. On April 12, Ambassador Chinda conferred again with Secretary Bryan and on April 15 with President Wilson. "The ambassador stated that the number of the Japanese and their activities in California were greatly exaggerated by the public, and he declared that the acreage of the land owned by them was too small to justify any apprehension or uneasiness on the part of the people of California, and in these circumstances, the Imperial Government could not, he said, understand why the lawful rights of Japanese must be curtailed or abridged by such unjust and extraordinary enactments, and he added that such discrimination was likely to bring deplorable consequences to the relations of friendship as well as to the commercial intercourse between Japan and the United States, and that for the sake of the honor and dignity of the country, if for no other reason, the Imperial Government could not remain indifferent to such unfair treatment of their people. The ambassador then asked the President and the Secretary of State that greater efforts be made by the federal government to prevent the passage of the measure in question." Both the Secretary and the President assured the ambassador that the representations made by him would be given most sympathetic consideration, and the best efforts of the United States government be made with a view to bring about an amicable settlement of the question and they asked him to bring this attitude on their part to the notice of his government, so that it might be thoroughly understood by them. On April 18, Secretary Bryan telegraphed the governor of California urging that no attempt should be made (having in view the good relations with a friendly Oriental power) to use the formula of eligibility to citizenship for the purpose of drawing a distinction between aliens in the matter of the enjoyment of rights. Three additional telegrams were sent the governor on April 22, May 1, and May 11. Meanwhile, Viscount Chinda had several interviews with the Secretary of State and endeavored to cause the contention of the Imperial Government to be fully appreciated by the United States government. He repeatedly explained that the bill then pending was evidently aimed at the exclusion of Japanese people and was, consequently, in disregard of the letter and spirit of the treaty, and he urged that no matter what the wording of the Act might be, any law, which would in effect be discriminatory and therefore offensive to Japanese, ought not, in good neighborhood, to be enacted. When it became evident at Washington that the California state legislature was not likely to heed the advice of the federal government, with the consent of Governor Johnson and the legislature, Secretary Bryan went to California for purposes of direct personal consultation, reaching Sacramento April 28. His visit, however, was without effect. The bill was immediately passed. On May 10, Ambassador Chinda lodged the first formal note of protest. That protest has been summarized as follows: "The note pointed out, with particular emphasis, that the Act in question was not only essentially unfair and discriminatory, but was inconsistent with the treaty provisions and was also opposed to the spirit and fundamental principles of amity and good understanding, upon which the conventional relations of the two countries depended. Then again, it was specifically argued that the enactment in question was unjust and contrary to the treaty provisions, not only in depriving Japanese of the right to transmit to their legal heirs their already lawfully acquired landed property, but in several other respects. In conclusion the hope was expressed that, in view of the sympathetic and accommodating disposition, with which the American administration had always befriended the Japanese government, the present difficulties would be set at rest in a manner worthy of the historic relations of cordial friendship between the two neighboring nations." The following day, Secretary Bryan telegraphed Governor Johnson asking him to delay his signature in order to give time for diplomatic efforts to solve the matters at issue. |