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United States Department of State / Papers relating to the foreign relations of the United States, 1920

Japan,   pp. 1-48 PDF (16.5 MB)

Page 2

Both of these objects are known to be directed against the Japa-
nese; but in both cases the measure is so framed as to avoid any
specific discrimination on the grounds of race or nationality, by
making use of the distinction established by fundamental Federal
law between those who are and those who are not eligible to Ameri-
can citizenship, and of the literal wording of our Treaty of 1911 with
Japan, which does not mention the right of holding land for other
than residential and commercial purposes.
The measure proposes to exclude Japanese from even the present
right to hold land under three year leases, by providing (Section
2) that aliens not eligible to citizenship " 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 purpose 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." In its note to the Japanese Ambassador
of July 16, 1913,4 the Department stated unequivocally that the
Treaty of 1911 " does not grant the right to lease agricultural lands
at all."
Sections three and four of the proposed measure are aimed against
the practice of appointing, as guardians or trustees for American
born minor children, natural or legal persons who are Japanese or
which are constituted with a majority interest in favor of Japanese.
The other provisions of the measure involve merely matters of
detail in carrying out these two provisions.
The Goverrwi' of California (Stephens) to ihe Secretary of State
SACRAMENTO, Jurne 19, 1920.
[Received June 30.]
SnI: I have the honor to transmit herewith the official report
prepared and filed with me by the State Board of Control of Cali-
fornia on the subject of Oriental immigration, population and land
The subject is one of such transcendent importance to the people
of California, and is so potential with future difficulties between
the United States of America and the Oriental Countries, that I
4Foreign Relations, 1913, p. 641.
California and the Oriental, by State Board of Control of California
(California State Printing Office, Sacramento, 1920); enclosure not printed.

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