Monday, Nov. 19, 1923

Land Laws

The first important case decided by the Supreme Court since its return from its Summer recess, on Oct. 1, was its decision on the Washington and California anti-alien land laws. The Pacific Coast states have made a succession of efforts to exclude Orientals, especially Japanese, from citizenship and from the possession of farm land.

During its last term, the Supreme Court upheld the laws denying Japanese citizenship. The present decision covers the laws of Washington and California which prohibit land-owning by aliens ineligible for citizenship or by aliens who have not declared their intention of becoming citizens.

These laws were attacked chiefly on the grounds that they violated the 14th Amendment to the Constitution (i. e., abridged, "the privileges and immunities of citizens " and deprived persons of "life, liberty or property.") and that they conflicted with the American-Japanese Treaty.

The Court held that the laws conflicted with neither the treaty nor the Amendment, adding:

" We agreed with the court below that:

" It is obvious that one who is not a citizen, and cannot become one, lacks an interest in and the power to effectually work for the welfare of the State, and, so lacking, the State may rightfully deny him the right to own and lease real estate within its boundaries. If one incapable of citizenship may lease or own real estate it is within the realm of possibility that every foot of land within the State might pass to the ownership or possession of non-citizens."