Japan and the California Problem

APPENDIX A

APPENDIX B

EXTRACTS FROM THE TREATY OF COMMERCE AND NAVIGATION AND PROTOCOL BETWEEN JAPAN AND THE UNITED STATES OF AMERICA, OF FEBRUARY 21, 1911.

His Majesty, the Emperor of Japan, and the President of the United States of America, being desirous to strengthen the relations of amity and good understanding which happily exist between the two nations, and believing that the fixation in a manner clear and positive of the rules which are hereafter to govern the commercial intercourse between their respective countries will contribute to this most desirable result, have resolved to conclude a treaty of commerce and navigation.

Article I.—The subjects or citizens of each of the high contracting parties shall have liberty to enter, travel, and reside in the territories of the other, to carry on trade, wholesale and retail, to own or lease and occupy houses, manufactories, warehouses, and shops, to employ agents of their choice, to lease land for residential and commercial purposes, and generally to do anything incident to or necessary for trade, upon the same terms as native subjects or citizens, submitting themselves to the laws and regulations there established.

They shall not be compelled, under any pretext whatever, to pay any charges or taxes other or higher than those that are or may be paid by native subjects or citizens.

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.

Article IV.—There shall be between the territories of the two high contracting parties reciprocal freedom of commerce and navigation. The subjects or citizens of each of the contracting parties, equally with the subjects or citizens of the most favored nation shall have liberty freely to come with their ships and cargoes to all places, ports, and rivers in the territories of the other which are or may be opened to foreign commerce, subject always to the laws of the country to which they thus come.

Article V.—Neither contracting party shall impose any other or higher duties or charges on the exportation of any article to the territories of the other than are or may be payable on the exportation of the like article to any other foreign country.

Nor shall any prohibition be imposed by either country on the importation or exportation of any article from or to the territories of the other which shall not equally extend to the like article imported from or exported to any other country.

Article XIV.—Except as otherwise expressly provided in this treaty, the high contracting parties agree that in all that concerns commerce and navigation, any privilege, favor, or immunity which either contracting party has actually granted or may hereafter grant, to the subjects or citizens of any other State shall be extended to the subjects or citizens of the other contracting party ... on the same or equivalent conditions....

Declaration

In proceeding this day to the signature of the treaty of commerce and navigation ... the undersigned has the honor to declare that the Imperial Japanese Government are fully prepared to maintain with equal effectiveness the limitation and control which they have for the past three years exercised in regulation of the immigration of laborers to the United States.

(Signed) Y. Uchida.

February 21, 1911.

APPENDIX C

CALIFORNIA’S ALIEN LAND LAW

(Approved May 19, 1913)

The people of the State of California do enact as follows:

Section 1.—All aliens eligible to citizenship under the laws of the United States may acquire, possess, enjoy, transmit, and inherit real property, or any interest therein, in this State, in the same manner and to the same extent as citizens of the United States, except as otherwise provided by the laws of this State.

Section 2.—All aliens other than those mentioned in section one of this act 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 purposes 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, and may in addition thereto lease lands in this State for agricultural purposes for a term not exceeding three years.

Section 3.—Any company, association, or corporation organized under the laws of this or any other State or nation, of which a majority of the members are aliens other than those specified in section one of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy, and convey real property, or any interest therein in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise, and may in addition thereto lease lands in this State for agricultural purposes for a term not exceeding three years.

Section 4.—Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee cannot take real property in this State which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a distribution of such real property to such heir or devisee, shall order a sale of said real property to be made in the manner provided by law for probate sales of real property, and the proceeds of such sale shall be distributed to such heirs or devisee in lieu of such real property.

Section 5.—Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to, and become and remain the property of the State of California. The attorney general shall institute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section 474 of the Political Code and title eight, part three of the Code of Civil Procedure. Upon the entry of final judgment in such proceedings, the title to such real property shall pass to the State of California. The provisions of this section and of sections two and three of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property, so long as such real property so acquired shall remain the property of the alien, company, association or corporation acquiring the same in such manner.

Section 6.—Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to the State of California. The attorney general shall institute proceedings to have such escheat adjudged and enforced as provided in section five of this act. In such proceedings the court shall determine and adjudge the value of such leasehold, or other interest in such real property, and enter judgment for the State for the amount thereof together with costs. Thereupon the court shall order a sale of the real property covered by such leasehold, or other interest, in the manner provided by section 1271 of the Code of Civil Procedure. Out of the proceeds arising from such sale, the amount of the judgment rendered for the State shall be paid into the State Treasury and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein.

Section 7.—Nothing in this act shall be construed as a limitation upon the power of the State to enact laws with respect to the acquisition, holding or disposal by aliens of real property in this State.

Section 8.—All acts and parts of acts inconsistent or in conflict with the provisions of this act, are hereby repealed.

APPENDIX D

ALIEN LAND LAW

(Adopted November 2, 1920)

PROPERTY RIGHTS AND DISABILITIES OF ALIENS IN CALIFORNIA

The people of the State of California do enact as follows:

Section 1.—All aliens eligible to citizenship under the laws of the United States may acquire, possess, enjoy, transmit, and inherit real property, or any interest therein, in this State, in the same manner and to the same extent as citizens of the United States, except as otherwise provided by the laws of this State.

Section 2.—All aliens other than those mentioned in section one of this act 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.

Section 3.—Any company, association or corporation organized under the laws of this or any other State or nation, of which a majority of the members are aliens other than those specified in section one of this act, or in which a majority of the issued capital stock is owned by such aliens, may acquire, possess, enjoy, and convey real property, or any interest therein, in this State, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the Government of the United States and the nation or country of which such members or stockholders are citizens or subjects, and not otherwise. Hereafter all aliens other than those specified in section one hereof may become members of or acquire shares of stock in any company, association or corporation that is or may be authorized to acquire, possess, enjoy or convey agricultural land, in the manner and to the extent and for the purposes 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.

Section 4.—Hereafter no alien mentioned in section two hereof and no company, association or corporation mentioned in section three hereof, may be appointed guardian of that portion of the estate of a minor which consists of property which such alien or such company, association or corporation is inhibited from acquiring, possessing, enjoying or transferring by reason of the provisions of this act. The public administrator of the proper county, or any other competent person or corporation, may be appointed guardian of the estate of a minor citizen whose parents are ineligible to appointment under the provisions of this section.

On such notice to the guardian as the court may require, the superior court may remove the guardian of such an estate whenever it appears to the satisfaction of the court:

(a) That the guardian has failed to file the report required by the provisions of section five hereof; or

(b) That the property of the ward has not been or is not being administered with due regard to the primary interest of the ward; or

(c) That facts exist which would make the guardian ineligible to appointment in the first instance; or

(d) That facts establishing any other legal ground for removal exist.

Section 5.—(a) The term “trustee” as used in this section means any person, company, association or corporation that as guardian, trustee, attorney-in-fact or agent, or in any other capacity has the title, custody or control of property, or some interest therein, belonging to an alien mentioned in section two hereof, or to the minor child of such an alien, if the property is of such a character that such alien is inhibited from acquiring, possessing, enjoying or transferring it.

(b) Annually on or before the thirty-first day of January every such trustee must file in the office of the Secretary of State of California and in the office of the county clerk of each county in which any of the property is situated, a verified written report showing:

(1) The property, real or personal, held by him for or on behalf of such an alien or minor;

(2) A statement showing the date when each item of such property came into his possession or control;

(3) An itemized account of all expenditures, investments, rents, issues, and profits in respect to the administration and control of such property with particular reference to holdings of corporate stock and leases, cropping contracts, and other agreements in respect to land and the handling or sale of products thereof.

(c) Any person, company, association or corporation that violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

(d) The provisions of this section are cumulative and are not intended to change the jurisdiction or the rules of practice of courts of justice.

Section 6.—Whenever it appears to the court in any probate proceeding that by reason of the provisions of this act any heir or devisee cannot take real property in this State or membership or shares of stock in a company, association or corporation which, but for said provisions, said heir or devisee would take as such, the court, instead of ordering a distribution of such property to such heir or devisee, shall order a sale of said property to be made in the manner provided by law for probate sales of property and the proceeds of such sale shall be distributed to such heir or devisee in lieu of such property.

Section 7.—Any real property hereafter acquired in fee in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to, and become and remain the property of the State of California. The attorney general or district attorney of the proper county shall institute proceedings to have the escheat of such real property adjudged and enforced in the manner provided by section four hundred seventy-four of the Political Code and title eight, part three of the Code of Civil Procedure. Upon the entry of final judgment in such proceedings, the title to such real property shall pass to the State of California. The provisions of this section and of sections two and three of this act shall not apply to any real property hereafter acquired in the enforcement or in satisfaction of any lien now existing upon, or interest in such property, so long as such real property so acquired shall remain the property of the alien, company, association or corporation acquiring the same in such manner. No alien, company, association or corporation mentioned in section two or section three hereof shall hold for a longer period than two years the possession of any agricultural land acquired in the enforcement of or in satisfaction of a mortgage or other lien hereafter made or acquired in good faith to secure a debt.

Section 8.—Any leasehold or other interest in real property less than the fee, hereafter acquired in violation of the provisions of this act by any alien mentioned in section two of this act, or by any company, association or corporation mentioned in section three of this act, shall escheat to the State of California. The attorney general or district attorney of the proper county shall institute proceedings to have such escheat adjudged and enforced as provided in section seven of this act. In such proceedings the court shall determine and adjudge the value of such leasehold or other interest in such real property, and enter judgment for the State for the amount thereof together with costs. Thereupon the court shall order a sale of the real property covered by such leasehold, or other interest, in the manner provided by section twelve hundred seventy-one of the Code of Civil Procedure. Out of the proceeds arising from such sale, the amount of the judgment rendered for the State shall be paid into the state treasury and the balance shall be deposited with and distributed by the court in accordance with the interest of the parties therein. Any share of stock or the interest of any member in a company, association or corporation hereafter acquired in violation of the provisions of section three of this act shall escheat to the State of California. Such escheat shall be adjudged and enforced in the same manner as provided in this section for the escheat of a leasehold or other interest in real property less than the fee.

Section 9.—Every transfer of real property, or of an interest therein, though colorable in form, shall be void as to the state and the interest thereby conveyed or sought to be conveyed shall escheat to the State if the property interest involved is of such a character that an alien mentioned in section two hereof is inhibited from acquiring, possessing, enjoying or transferring it, and if the conveyance is made with intent to prevent, evade or avoid escheat as provided for herein.

A prima facie presumption that the conveyance is made with such intent shall arise upon proof of any of the following groups of facts:

(a) The taking of the property in the name of a person other than the persons mentioned in section two hereof if the consideration is paid or agreed or understood to be paid by an alien mentioned in section two hereof;

(b) The taking of the property in the name of a company, association or corporation, if the membership or shares of stock therein held by aliens mentioned in section two hereof, together with the memberships or shares of stock held by others but paid for or agreed or understood to be paid for by such aliens, would amount to a majority of the membership or the issued capital stock of such company, association or corporation;

(c) The execution of a mortgage in favor of an alien mentioned in section two hereof if said mortgagee is given possession, control or management of the property.

The enumeration in this section of certain presumptions shall not be so construed as to preclude other presumptions or inferences that reasonably may be made as to the existence of intent to prevent, evade or avoid escheat as provided for herein.

Section 10.—If two or more persons conspire to effect a transfer of real property, or of an interest therein, in violation of the provisions hereof, they are punishable by imprisonment in the county jail or State penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both.

Section 11.—Nothing in this act shall be construed as a limitation upon the power of the State to enact laws with respect to the acquisition, holding or disposal by aliens of real property in this State.

Section 12.—All acts and parts of acts inconsistent or in conflict with the provisions hereof are hereby repealed; provided, that—

(a) This act shall not affect pending actions or proceedings, but the same may be prosecuted and defended with the same effect as if this act had not been adopted;

(b) No cause of action arising under any law of this State shall be affected by reason of the adoption of this act whether an action or proceeding has been instituted thereon at the time of the taking effect of this act or not and actions may be brought upon such causes in the same manner, under the same terms and conditions, and with the same effect as if this act had not been adopted.

(c) This act in so far as it does not add to, take from or alter an existing law, shall be construed as a continuation thereof.

Section 13.—The legislature may amend this act in furtherance of its purpose and to facilitate its operation.

Section 14.—If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The people hereby declare that they would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

APPENDIX E

Crops Raised by Japanese and their Acreage.

Reported by the Japanese Agricultural Association of California, 1919.

APPENDIX F

Japanese Immigration to the United States.

The above is taken from the Annual Report of the Commissioner General of Immigration.

APPENDIX G

Japanese Admitted into Continental United States: Arrivals and Departures.

APPENDIX H

Immigrants and Non-immigrants.

Taken from Kawakami, Japan Review, vol. iv., p. 76.

APPENDIX I

Distribution of Japanese and Chinese Population in the United States.

DISTRIBUTION OF JAPANESE POPULATION.

DISTRIBUTION OF CHINESE POPULATION.

Taken from Gulick, American Democracy and Asiatic Citizenship, pp. 152, 177.

APPENDIX J

Distribution of Japanese in United States.

(According to Consular Division as Reported by Foreign Department, Japan.)

APPENDIX K

AN ABSTRACT OF EXPATRIATION LAW OF JAPAN

Article XVIII.—When a Japanese, by becoming the wife of a foreigner, has acquired the husband’s nationality, then such Japanese loses her Japanese nationality.

Article XX.—A person who voluntarily acquires a foreign nationality loses Japanese nationality. In case a Japanese subject, who has acquired foreign nationality by reason of his or her birth in a foreign country has domiciled in that country, he or she may be expatriated with the permission of the Minister of State for Home Affairs. The application for the permission referred to in the preceding paragraph shall be made by the legal representative in case the person to be expatriated is younger than fifteen years of age. If the person in question is a minor above fifteen years of age, or a person adjudged incompetent, the application can be made with the consent of his or her legal representative or guardian. A stepfather, a stepmother, a legal mother, or a guardian may not make the application or give the consent prescribed in the preceding paragraph without the consent of the family council. A person who has been expatriated loses Japanese nationality.

Article XXIV.—Notwithstanding the provisions of the preceding six articles a male of full seventeen years or upwards does not lose Japanese nationality, unless he has completed active service in the army or navy, or he is under no obligation to enter into it. A person who actually occupies an official post—civil or military—does not lose Japanese nationality notwithstanding the provisions of the foregoing seven articles.

Article XXVI.—A person who has lost Japanese nationality in accordance with Article XX may recover Japanese nationality provided that he or she possesses a domicile in Japan, but this does not apply when the person mentioned in Article XVI has lost Japanese nationality. In case the person who has lost Japanese nationality in accordance with the provision of Article XX is younger than fifteen years of age, the application for the permission prescribed in the preceding paragraph shall be made by the father who is the member of the family to which such person belonged at the time of his expatriation; should the father be unable to do so, the application shall be made by the mother; if the mother is unable to do so, by the grandfather; and if the grandfather is unable to do so, then by the grandmother.

APPENDIX L

A MINUTE OF HEARING AT SEATTLE, WASHINGTON, BEFORE THE HOUSE SUB-COMMITTEE ON IMMIGRATION AND NATURALIZATION

DIRECT EXAMINATION