Japan and the California ProblemIyenaga, T. (Toyokichi)
History
Japan and the California Problem
Iyenaga, T. (Toyokichi)
Japan -- Emigration and immigration; Japanese -- California
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;
(2) All such aliens cannot become members or acquire shares of stock in
any company, association, or corporation owning agricultural land;
(3) These aliens cannot become guardians of that portion of the estate of
a minor which consists of property which they are inhibited by this law
from possession or transfer;
(4) Any real property hereafter acquired in fee in violation of the
provisions of this act by aliens shall escheat to and become the property
of the State of California.
The difference between the old and the new laws is that in the new law
evasion is made entirely impossible by prohibiting the Japanese from
buying or selling land in the names of their children or through the
medium of corporations. A novel feature of the new law is that it forbids
the three-year lease which was allowed by the old law.
Public-domain text, read in full here on John Shaqi.
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