Anti-Alien Land Laws.
The significance of the land issue in itself being slight, as shown by the foregoing study, a casual discussion will suffice on the issue of the anti-alien land laws. The land law of 1913, which was enacted in spite of strong opposition among certain groups of the people of California and on the part of the Federal Government, provided, in summary:
(1) An alien not eligible to citizenship cannot acquire, possess, or transfer real property, unless such is prescribed by the existing treaty between the United States and the country of which he is a subject. This provision takes advantage of the fact that in the Treaty of Commerce and Navigation concluded in 1911 between America and Japan, no specific mention is made concerning the ownership of farm land. The Treaty provides:
Article I. The subjects or citizens of each of the high contracting parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or may be granted to native subjects or citizens, on their submitting themselves to the conditions imposed upon the native subjects and citizens.[40]
(2) An alien not eligible to citizenship cannot lease land for agricultural purposes for a term exceeding three years.
(3) Any company or corporation of which a majority of the members are aliens who are ineligible to citizenship, or of which a majority of the issued capital stock is owned by such aliens, shall not own agricultural lands or lease for more than three years.
(4) Any real property acquired in fee in violation of the provisions of this act shall escheat to, and become the property of, the State of California.[41]
This ingenious law was rendered ineffective because the Japanese kept on buying and leasing land in the names of those of their children who are citizens of this country. Moreover, they resorted to the formation of corporations in which a majority of the stock was owned by American citizens.
The outcome of the situation was the adoption in November of last year of a new land law more carefully framed. The new law naturally aims to correct the defects which led to the evasion of the former law. It is in substance as follows:
(1) All aliens not eligible to citizenship and whose home government has no treaty with the United States providing such right cannot own or lease land;