Title: "Land Law to Affect All Aliens," Seattle Times, 1/29/1909, (ddr-densho-56-140)
Densho ID: ddr-densho-56-140

LAND LAW TO AFFECT ALL ALIENS

Assemblyman A.M. Drew Proposes That No Foreigners Be Allowed to Own Real Estate in California.

JAPANESE CANNOT ALLEGE DISCRIMINATION

Suggested Legislation Said to Be in Conformity With Expressed Views of National Authorities.

SACRAMENTO, Friday, Jan. 29.--Assemblyman A.M. Drew, of Fresno, Cal., introduced in the Legislature today a substitute for the alien land bill that President Roosevelt objected to on the ground that it discriminated against Japanese in denying aliens the right to own land.

The substitute does not contain the features deemed unwise by the national authorities and is in accord with suggestions made by Gov. J.N. Gillett in his recent special message to the Legislature.

It is modeled after the Oklahoma law, which denies all aliens, the right to own lands. The original Drew measure was alleged to be discriminatory because it provided that aliens who did not become citizens of the United States should not own real estate. As Japanese are denied the right of citizenship, they would be placed at a disadvantage with other aliens who might take out citizenship papers in order to hold their property.

Extension of Time

Assemblyman Drew introduced his new bill just before adjournment this afternoon.

Drew moved that it be referred to a select committee of one, but Assemblyman Johnson moved to amend the motion by referring it to the judiciary committee. Drew then asked that the clerk send the bill back to him.

This the speaker would not permit Drew, then explained that he feared he would not be able to keep his promise to President Roosevelt [illegible] and many members of the Assembly that he would call up his bill next Wednesday to amend it to conform to the administration's wishes by eliminating the clause preventing only Japanese from owning land.

Earlier in the day Drew had promised Speaker Stanton that he would withhold the new bill until tomorrow, pending the arrival of President Roosevelt's letter on the subject. He then decided to get the amendment into the hands of the printer at once.

The judiciary committee will report on the new bill Tuesday.

The important section of the amendment as proposed are as follows:

Strike out all after the enacting clause and insert:

"Section 1--No alien shall acquire title to or own land in the state of California except as hereinafter provided, but he shall have and enjoy in the state of California such rights as to personal property as are or shall be accorded a citizen of the United States under the laws of the nation to which such alien belongs or by the treaties of such nation with the United States, except as may be affected by the provisions of this act.

"Section 2--This act shall not apply to lands now owned in this state by aliens so long as they are held by the present owners.

May Hold for Five Years

"Section 3--All aliens who may hereafter acquire real property in California by device, descent or purchase may hold the same for five years from the date of so acquiring such title. If any alien at the time of acquiring title to lands situation in this state be under the age of 21 years he may hold title to the same for five years after the time he becomes 21 years of age.

"Section 4--Any aliens who shall hereafter hold lands in the state of California in contravention of the provisions of this act may nevertheless convey the fee simple title thereof at any time before the institution of escheat proceedings as hereinafter provided; provided, however, that, if any such conveyance shall be made by such alien either to an alien or to a citizen of the United States in trust and for the purpose and intention of evading the provisions of this act such conveyance shall be null and void and such lands so conveyed shall be forfeited and escheated to the state of California absolutely for the benefit and use of the public school fund."