Japan and the California ProblemIyenaga, T. (Toyokichi)
History
Japan and the California Problem
Iyenaga, T. (Toyokichi)
Japan -- Emigration and immigration; Japanese -- California
(3) Foreigners may form joint stock companies and hold land for the
purposes indicated by their charters. They are juridical persons, formed
under the commercial code of Japan, and are regarded just as truly
Japanese legal persons as though composed solely of Japanese. It will thus
be seen that in practice foreigners can take possession of land in Japan
about as effectually as in fee simple.
On April 13, 1910, the Japanese Diet passed a land law which embodied,
among others, the following provisions:
Article I. Foreigners domiciled or resident in Japan and foreign
juridical persons registered therein shall enjoy the right of
ownership in land, provided always that in the countries to which they
belong such right is extended to Japanese subjects, and Japanese
juridical persons....
Article II. Foreigners and foreign juridical persons shall not be
capable of enjoying the right of ownership in land in the following
districts: First, Hokkaido; second, Formosa; third, Karafuto; fourth,
districts necessary for national defense.
Article III. In case a foreigner or a foreign juridical person owning
land ceases to be capable of enjoying the right of ownership in land,
the ownership of such land shall accrue to the fiscus [the Imperial
Treasury], unless he disposes of it within a period of one year.
Article IV. The date for putting the present law into force shall be
determined by Imperial ordinance.
This law was severely criticized by both liberals and foreigners on
account of its too conservative provisions, and as a consequence it was
not promulgated by the Emperor for the time being. In the legislative
session of 1919, the Government introduced to the Diet a revised bill
embodying more liberal principles and omitting all features in the law of
1910 considered objectionable by foreigners. Unfortunately the Lower House
was suddenly dissolved by the deadlock encountered on the issue of
universal suffrage before the proposed law was voted on. The Japanese
Government, it is reported, has drafted a new law with the intention of
introducing it to the session of the Diet now sitting (January, 1921), the
notable feature of which is the inclusion of Korea and other territories
among the available lands for ownership by foreigners.
Effect of the Initiative Bill.
Public-domain text, read in full here on John Shaqi.
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