Story of the Session of the California Legislature of 1909 Part 21

[87a] A bill providing funds for such a census was introduced and became a law.

[87] The paragraph in Governor Gillett's message which deals with the Alien Land bill, read as follows:

"If you believe the general policy of this State and its future development demands that all aliens, that is, citizens of other countries, should be discouraged in making investments here, and that no alien should be permitted to become the owner in fee simple of any lands within this State - agricultural, grazing or mineral, or of any city property for the purposes of trade, commerce or manufacturing - then enact a law forbidding the same, but see to it that it affects the subjects of all nations alike, and that under its provisions the citizens of j.a.pan shall have equal privileges with those of England and other favored nations; otherwise you might create a situation which may prove to be embarra.s.sing to the Federal Government. Mr. Drew's bill might be so amended, but in its present form it clearly, as no doubt was intended, discriminates against the citizens of China and j.a.pan. Whether any bill should pa.s.s at this time which will discourage foreign capital from seeking investments in our State is a most serious question and one not lightly to be considered. But that is a question I leave for you to solve."

[88] The Governor's letter was in full as follows:

Hon. A. M. Drew: Your little note was received.

"I am inclined to think that the best possible law that can be pa.s.sed on the question of alien owners.h.i.+p of land would be the law adopted by Oklahoma. You will find it in the session laws of the State of Oklahoma, 1907 and 1908. The book is on file in the State Library. The Act is on page 481.

"I would strike out of the first line the words 'who is not a citizen of the United States,' because that is useless. No alien is a citizen of the United States, and cannot be.

"Then I notice the second line of Section 3, instead of having 'devise,'

the word is 'device.' I suppose this must be a typographical error.

"To this bill might be added the last section of your bill, extending the time in which leases can be given - so many years on agricultural property and so many years on city property. I think one year is rather short; inasmuch as this would apply to all aliens alike, I would be reasonable as to the length of time for which leases should be granted.

"I am also of the opinion that President Roosevelt and Secretary Root would agree that this bill would be all right - in fact, I have telegrams from them which would indicate such to be the fact. Of course, the question whether or not it would be policy to pa.s.s an alien law in this State is something that the Legislature would have to consider, but if such a law is to pa.s.s, as I say, I am inclined to believe that one like the Oklahoma law would probably be the best."

[89] a.s.semblyman Drew's reply to the Governor's letter suggesting that the Oklahoma law be subst.i.tuted for the original bill, was as follows:

"Your esteemed favor of the 26th inst., is before me, and I can a.s.sure you that I appreciate the spirit in which you have considered the Alien Land bill, presented by myself in the a.s.sembly. I am strictly in accord with the changes you suggest. The words 'who is not a citizen of the United States' are surplusage and could easily have been left out, but they are found in both the Illinois and Oklahoma laws. I am glad the President takes the view of the matter that he does, and you may rest a.s.sured that I will work in harmony with yourself. However, I deem it advisable that some law should be enacted at this session of the Legislature. I think it will be wisdom on our part to take this step, and surely our neighbor, j.a.pan, cannot complain so long as the bill is applicable to all aliens alike. I will submit to you a draft of the amended bill as soon as I can get it in shape."

[90] Johnson addressed himself directly to President Roosevelt and Governor Gillett. The following paragraphs are taken at random from his speech:

"I expect some member of the a.s.sembly to introduce a bill here, the first section of which shall read: 'Before any legislation is enacted it shall bear the approval of James N. Gillett and President Roosevelt and if it is denied, the bill shall be withdrawn.' "

"Some of you think legislation is like patent medicine. It must bear on the bill, the label: 'None genuine without the note, This is a good bill, James N. Gillett.' "

"What right have we, mere a.s.semblymen, to have an opinion on any matter?

Why should we, who were sent here by the people for the sake of convenience and formality, have any independence in our thought? What right have we to do anything but listen in awe and reverence to the words of wisdom that drop from the tongues of Governor James N. Gillett and Theodore Roosevelt?

"Of course we must surrender our individual opinion, and bow to the superior intellects of the 'Imperial Power,' which Mr. Beardslee loves so well. Since we must vote, as a matter of course, what right have we to vote otherwise than as the distinguished Governor and President say in their infinite certainty?"

Johnson complained bitterly of the interference of the President with the State and of the Governor with the Legislature.

"I have," said Johnson, "all respect for the intellect of James N.

Gillett, Governor of California, and for his superior, President Roosevelt. But I am sent into this Chamber by my const.i.tuents and not by Governor James N. Gillett. I have been returned here again and again, and not because I bowed to the authority of James N. Gillett. I am here for the good of my people, the people who supported me, and who expect me to support them. I know more about the j.a.panese than Governor Gillett and President Roosevelt put together. I am not responsible to either of them."

"I am responsible to the mothers and fathers of Sacramento County who have their little daughters sitting side by side in the school rooms with matured j.a.ps, with their base minds, their lascivious thoughts, multiplied by their race and strengthened by their mode of life."

"I am here to protect the children of these parents. To do all that I can to keep any Asiatic man from mingling in the same school with the daughters of our people. You know the results of such a condition; you know how far it will go, and I have seen j.a.panese 25 years old sitting in the seats next to the pure maids of California. I shuddered then and I shudder now, the same as any other parent will shudder to think of such a condition."

[91] The purpose of the Munic.i.p.al Segregation bill, as set forth in its t.i.tle, was "to confer power upon munic.i.p.alities to protect the health, morals and peace of their inhabitants by restricting undesirable, improper and unhealthy persons and persons whose practices are dangerous to public morals and health and peace to certain prescribed limits, and prescribing a punishment for a violation of this Act."

The bill in full was as follows:

"Section 1. Whenever in the opinion of the governing body of any munic.i.p.ality the presence of undesirable, improper and unhealthy persons, or the presence of persons whose practices are dangerous to public morals and health and peace is deemed to exist in the said munic.i.p.ality and to be dangerous to the public morals and health and peace of said munic.i.p.ality and its inhabitants, the said governing body is hereby empowered to so declare by ordinance and is hereby empowered and authorized to prescribe by ordinance the district and limits within which said persons shall reside in said munic.i.p.ality, and thereafter it shall be unlawful for any person of the cla.s.s so declared to reside in any other portion of said munic.i.p.ality than within the said district and limits so fixed.

"See. 2. A violation of the provisions of this Act shall be deemed a misdemeanor and shall be punished as such."

[92] "Never before have I heard of a time," said a.s.semblyman Cronin, "when a Governor has sent such a message to a Legislature. I am responsible to my const.i.tuents for my actions on this floor and I resent such interference. I hold the Governor's action to be indiscreet. He has no more right to send such a message to this House than have we to dictate to the Supreme Court a policy on any action pending before it, on the ground that the best interests of the State depend upon their regarding our Instructions.

"Can we dictate to the Governor the course that is to be pursued in an executive matter? Let us stand by our guns."

"If the men change their votes on account of this fanciful talk from the President and the Governor," said Johnson of Sacramento, "I shall certainly be pained and surprised. They do not know the conditions as I know them. We have a right to protect our State, and it will not interfere with any international relations, and they know it. Their specious argument will not change my vote one bit. I know what The People want - what I want. I know influence has been brought to bear. It will be further brought to bear. Now I trust this vote will not suffer by you men changing your minds for such groundless reasons."

"Since yesterday," said a.s.semblyman Gibbons, "I have changed my views. I thought there were three departments in this Government, but I find I was mistaken. I recognize the error of my youthful belief. I know now that the Legislative and the Executive are one, or, rather, that the Executive is the Legislative."

[93] The question has been asked - was Johnson sincere in his advocacy of the Anti-j.a.panese measures? The writer does not presume to answer; the workings of Grove L. Johnson's mind and conscience are, for the writer at least, too intricate for a.n.a.lysis. But Grove L. Johnson voted for anti-racetrack gambling bills for years, spoke for them and fought for them as keenly as he did for the Anti-j.a.panese bills, always on the losing side. But when an anti-racetrack gambling bill was before the a.s.sembly with some prospect of pa.s.sage, Grove L. Johnson was found the leader of those opposed to its pa.s.sage. In the case in point, to Grove L. Johnson, and not President Roosevelt or Governor Gillett, or even Phil Stanton, is due the credit for postponement of consideration of a.s.sembly Bill 14, a postponement which meant its defeat.

[94] The Transue resolution will be found in full In the appendix.

[95] Speaker Stanton very modestly took much credit for the defeat of the bill. The following telegram was on its way to Was.h.i.+ngton almost before the vote had been announced:

"Sacramento, February 10.-Theodore Roosevelt, White House Was.h.i.+ngton, D.

C. - The a.s.sembly just reconsidered and refused pa.s.sage of the j.a.panese School bill. My congratulations.

P. A. STANTON."

The reply was as follows:

"Was.h.i.+ngton, February 10.-Hon. P. A. Stanton, Speaker of the a.s.sembly, Sacramento, Cal. - Accept my heartiest thanks and congratulations for the great service you have rendered on behalf of The People of the United States. I thank the people of California and their representatives in the Legislature.

THEODORE ROOSEVELT."

A further telegram was sent to Governor Gillett:

"Was.h.i.+ngton, February 10. - To Governor J. N. Gillett, Sacramento Cal. - Accept my heartiest congratulations. All good Americans appreciate what you have done. Pray extend my congratulations individually to all who have aided you. I feel that the way in which California has done what was right for the Nation makes it more than ever obligatory on the Nation in every way to safeguard the interests of California. All that I personally can do toward this end, whether in public or private life, shall most certainly be done.

THEODORE ROOSEVELT."

[96] The vote on Senate Bill 492 was as follows:

For the bill - Anthony, Black, Burnett, Caminetti, Campbell, Cartwright, Finn, Hartman, Holohan, Reily, Sanford, and Welch - 12.

Against the bill - Bates, Bell, Bills, Birdsall, Boynton, Curtin, Cutten, Hurd, Leavitt, Lewis, Martinelli, McCartney, Miller, Price, Rush, Savage, Strobridge, Thompson, Walker, Weed, Willis, and Wright - 22.

Absentees - Estudillo, Hare, Kennedy, Roseberry, Stetson, and Wolfe - 6.

[97] Senate Joint Resolution No. 6, which, as finally adopted, was a committee subst.i.tute for Senate Joint Resolution Nos. 6, 7, 11 and 17.

It follows:

Whereas, The progress, happiness, and prosperity of the people of a nation depend upon a h.o.m.ogeneous population;

Whereas, The influx from overpopulated nations of Asia of people who are unsuited for American citizens.h.i.+p or for a.s.similation with the Caucasian race, has resulted and will result in lowering the American standard of life and the dignity and wage-earning capacity of American labor;

Whereas, The exclusion of Chinese laborers under the existing exclusion laws of the United States has tended to preserve the economic and social welfare of the people;