811.5294/411a: Telegram
The Secretary of State to the Chargé in Japan (Caffery)
251. On November 12 the Supreme Court of the United States handed down decisions in two cases, Terrace et al vs Thompson,8 and Porterfleld et al vs Webb,9 holding that the laws of Washington and California restricting rights of ownership and lease for agricultural purposes of land within those two states are constitutional and not in conflict with the treaty of 1911 with Japan.10
The Washington act, among other things, prohibits the ownership of land by aliens who have not declared, in good faith, their [Page 459] intention of becoming citizens of the United States. The California statute permits to aliens not eligible to citizenship only such rights in land as are prescribed by treaty.
The Court held that the rule established by Congress on the subject of citizenship furnishes a reasonable basis for classification in a state law withholding from aliens the privilege of land ownership as defined in the act, and that it is clearly within the power of the state to include non-declarant eligible aliens and ineligible aliens in the prohibited classes.
Copies of these decisions will be sent you by mail.
- 263 U. S. 197.↩
- 263 U. S. 225.↩
- For text of treaty, see Foreign Relations, 1911, p. 315.↩