The contest in the Assembly narrowed down to three measures, Assembly
Bill 78, introduced by Drew of Fresno, known as the "Alien Land Bill";
Assembly Bill 14, known as the "Anti-Japanese School Bill," and Assembly
Bill 32, known as the "Municipal Segregation Bill," both introduced by
Johnson of Sacramento. The final defeat of these bills settled the
Japanese question so far as the legislative session of 1909 was
concerned.
Drew's Alien Land bill was by far the most important of the three. It was in effect a copy of the alien land law at present in force in the State of Illinois, and generally known as the "Illinois Law." Under its provisions an alien acquiring title to lands situate in this State, was given five years in which to become a citizen of the United States; failing to become a citizen, he was required to dispose of his holdings to a citizen; failing so to do, the necessary machinery was provided for the District Attorney of the county in which the land was situated to dispose of it, and turn the proceeds of the sale over to the alien owner. Ample protection was provided for alien minors who might possess or might become possessed of California real property. Furthermore, under the provisions of the law, the leasing of land to aliens for a longer period than one year was prohibited.
Though the word, "Japanese," did not appear, the bill's introduction was a shot which if not heard round the world, at least reached Washington on the East and Tokio on the West. Finally, on January 25, Governor Gillett made the Alien bills pending before the Legislature subject of a special message to Senate and Assembly, in which he urged the Legislature to do nothing that would disrupt the pleasant relations existing between America and Japan, and recommended that an appropriation be made to enable the Labor Commissioner to take a census showing the number of Japanese now in the State, with such other information regarding them as could be used in making a proper report to the President and Congress[87a].
Governor Gillett in the paragraph of his message[87] which dealt with the Alien Land bill, stated that the measure might be amended so that its passage would not embarrass the Federal Government. Mr. Drew promptly sent the Governor a note, inquiring "how amended." The Governor replied[88], stating that, in his judgment the best possible law that could be passed on the question of alien ownership of land would be the law which had been adopted by Oklahoma. Furthermore, the Governor expressed the opinion that such a law would be satisfactory to President Roosevelt and Secretary Root.
Mr. Drew was quick to act on the suggestion. He not only yielded to the Governor's wishes[89], but in the teeth of the severest opposition from the San Francisco delegation, forced delay of the passage of his bill until the Oklahoma law could be substituted for that taken from the Illinois Statutes.
The substitute measure provided that "no alien shall acquire title or own land in the State of California," but the provisions of the act further provided that the law "shall not apply to lands now owned in this State by aliens so long as they are held by their present owners."
The substitute measure was introduced on February 1st; it came up for passage on February 3rd. In the two days which elapsed between the introduction and final action on the bill, the high State authorities decided to oppose it. Speaker Phil Stanton employed his influence against it; one by one its supports who could "be reached" were "pulled down." Drew found himself at the final with slight following. The bill was defeated by the decisive vote of 28 to 48. Mott gave notice of motion to reconsider, but the next day reconsideration was denied.
The day following the defeat of the Alien Land bill, February 4th, the "Anti-Japanese School Bill" and the "Municipal Segregation Bill" came up for final action. There was also Assembly Bill 15, classed as an anti-Japanese measure, which came up on the same day. It, as in the case of the two others, had been introduced by Johnson of Sacramento, by far the ablest parliamentarian in the Legislature. Drew had used facts and figures when arguing for his alien land bills; Johnson seasoned his statistics with a sarcasm[90] as peppery as one of Mr. Roosevelt's ingenuous opinions on "nature fakers." But while Mr. Johnson entertained with his wit and his invective, he failed to overcome the tremendous influence, State and Federal, that had been brought to bear against his bills. Assembly Bill 15, denying aliens the right to serve as directors on California corporations, was defeated by a vote of 15 for to 53 against. Assembly Bill 32, the "Municipal Segregation Bill,"[91] was defeated by the close vote of 39 for to 35 against, 41 votes being required for its passage.
And then the Assembly took another tack, and by a vote of 45 to 29, passed Assembly Bill 14, the Anti-Japanese School bill. Leeds changed his vote from no to aye to give notice that he would the next legislative day move to reconsider the vote by which the bill had been passed. The Assembly then adjourned. The day had been eventful. A more eventful was to follow.
The passage of Assembly Bill 14, after the defeat of the other so-called anti-Japanese measures, brought a characteristic telegram from President Roosevelt to Governor Gillett. "This (Assembly Bill 14) is the most offensive bill of them all," telegraphed the President, "and in my judgment is clearly unconstitutional, and we should at once have to test it in the courts. Can it not be stopped in the Legislature or by veto?"