land law may be practically set aside, but if there is sufficient demand for a discriminatory law, there is no constitutional way, unless it is through treaties, to prevent the adoption of measures which would discriminate against aliens of races specifically named. This is not a highly centralized government. A worse situation than that which obtains can be easily imagined. The greatest factors in solving problems are time and mutual understanding. Misunderstanding easily arises. Governments should avoid drifting into policies which create problems.

be made for the naturalization of Japanese, met with loud protest from the Pacific Coast.

APPENDIX A

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 B

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.

Sec. 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.

Sec. 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