the appointment of a joint high commission to investigate whole matter." However, no comments have been made at Foreign Office to me on the question. CAFFERY 811.5294/411a supp. The Secretary of State to the Chargé in Japan (Caffery) No. 53 WASHINGTON, December 12, 1923. SIR: Referring to the Department's telegrams Nos. 251 of November 17 and 255 of November 23, 1923, in regard to the recent decisions of the Supreme Court upholding the constitutionality and validity under the treaty with Japan of the Alien Land Laws of California. and Washington, the Department encloses a copy of each of the following decisions: 18 Terrace et al. v. Thompson; Porterfield et al. v. Webb et al.; Webb et al. v. O'Brien et al.; Frick et al. v. Webb. In connection with these decisions of the Supreme Court of the United States it is interesting to note that the Supreme Court of the State of California has ruled that the provisions of the Alien Land Law relating to guardianship matters are unconstitutional. These provisions were not considered or passed upon by the Supreme Court of the United States in rendering the above mentioned decisions. The following statement is quoted from the opinion delivered by the Supreme Court of the State of California in the case of In re Estate and Guardianship of Yano,1o decided by that Court on May 1, 1922: "Our law provides that the father or mother of a minor child less than fourteen years of age, if competent, is entitled to be appointed guardian of such child in preference to any other person. (Code Civ. Proc., sec. 1751.) This law is general in terms. It is not confined to citizens in its application, but purports to confer the right upon all residents regardless of citizenship. The initiatory act of 1920 (Stats. 1921 lxxxiii, sec. 4), by its terms, forbids the appointment of any alien not eligible to citizenship as guardian of a minor with respect to property of the minor of a character which such alien cannot acquire for himself, that is to say, with respect to agricultural land belonging to such minor. Its effect is that a citizen of Japan who is the parent of a native-born child cannot be appointed guardian of the property of the child where that property consists entirely of agricultural land. This restriction is not put upon a citizen of any country whose citizens are eligible to citizenship here, nor upon any other class of residents of this state who are not citizens thereof. It is clearly a discrimination against citizens of Japan residing in this state. 20 "The object sought to be attained by these statutory provisions, that is, to discourage the coming of Japanese into this state, may be a proper one, and may be even desirable for the promotion of the welfare and progress of the state. The court can only consider its validity under the limitations of the Constitution. A similar object prompted the adoption of the anti-Chinese provisions of the Constitution of 1879, which, so far as they were effectual, were declared invalid by the federal courts. This entire question is international in character and is a matter properly to be disposed of by the Federal Government. Appeal for its adjustment should be made to Congress, rather than to attempt to accomplish it by discriminatory legislative measures of the state. "Our conclusion is that the provisions of the initiative act of 1920 forbidding the appointment of an alien resident, ineligible to citizenship, as guardian of the farming land of his native-born child, and authorizing the removal of such parent, if previously appointed as such guardian, are invalid." I am [etc.] For the Secretary of State: AMERICAN ASSISTANCE TO THE JAPANESE FOLLOWING THE EARTHQUAKE OF SEPTEMBER 1, 1923 894.48B/52a: Telegram President Coolidge to the Emperor of Japan WASHINGTON, September 1, 1923. At the moment when the news of the great disaster which has befallen the people of Japan is being received I am moved to offer you in my own name and in that of the American people the most heartfelt sympathy and to express to your Majesty my sincere desire to be of any possible assistance in alleviating the terrible suffering to your people. CALVIN COOLIDGE 894.48B/4a: Telegram The Acting Secretary of State to the Ambassador in Japan (Woods) WASHINGTON, September 2, 1923-noon.21 105. Please convey to the Minister of Foreign Affairs an expression of the heart-felt sympathy of this Government in the appalling 20 The omission which follows is indicated on the original instruction. "Repeated Sept. 5, 9:45 a.m. catastrophe which has befallen the Japanese people and assure him that this country is anxious to do whatever lies in its power to alleviate the grief and suffering in Japan. Please also convey to the Minister an expression of my personal and profound sympathy. PHILLIPS 894.48B/3: Telegram The Ambassador in Japan (Woods) to the Secretary of State 22 IWAKI [undated]. [Received September 4, 1923—3:21 a.m.] All Americans believed safe. All Embassy buildings totally destroyed but no one in Embassy injured. Food situation very acute. Send rations at once from Philippines. WOODS Press Release Issued by the Department of State, September 3, 1923 The President has issued the following appeal: "To the People of the United States: An overwhelming disaster has overtaken the people of the friendly nation of Japan. While its extent has not as yet been officially reported, enough is known to justify the statement that the cities of Tokyo and Yokohama, and surrounding towns and villages, have been largely if not completely destroyed by earthquake, fire and flood, with a resultant appalling loss of life and destitution and distress, requiring measures of urgent relief. Such assistance as is within the means of the Executive Department of the Government will be rendered; but realizing the great suffering which now needs relief and will need relief for days to come, I am prompted to appeal urgently to the American people, whose sympathies have always been so comprehensive to contribute in aiding the unfortunate and in giving relief to the people of Japan. In order that the utmost coordination and effectiveness in the administration of the relief funds be obtained I recommend that all contributions, clearly designated, be sent to the chairman of the American National Red Cross at Washington or to any of the local Red Cross chapters for transmission to Japan.” This message was the first report to the Department by the Ambassador in Japan after the earthquake. It was sent Sept. 2 by radio from a Japanese warship. 894.48B/8a: Telegram The Acting Secretary of State to the Ambassador in Japan (Woods) 28 WASHINGTON, September 3, 1923—4 p.m. 106. The Department is greatly concerned on account of the disaster which has overwhelmed Tokyo and the adjacent parts of Japan and is most apprehensive as to the safety of the Embassy staff, consular officials, and American citizens in the affected areas. The Navy Department has already despatched vessels of the Asiatic fleet to render all possible assistance, and the American Red Cross is taking active steps to the same end, an appeal for public funds having been issued today by the President. The Department is instructing Consul-General at Large Johnson, with assistants, to proceed to Yokohama for the purpose of assisting in Consular administration and in aid to American citizens. Consul Ballantine is also being sent to Yokohama. As yet no reports have been received from any American officials in Japan and newspaper reports are fragmentary, which fact intensifies the fears of the Department as to the extent of the disaster and the safety of its officials. The Department hopes that they personally have escaped injury and anxiously awaits reports. Suggestions will be appreciated concerning any measures which the Department may take or initiate for the alleviation of distress, whether relating to the welfare of American citizens or to the general situation. The fullest information concerning the welfare of individual Americans is desired in order that the Department may be able to answer the numerous inquiries received. Information is also desired as to the most feasible methods for the transmission of funds under present conditions. 894.48B/10: Telegram PHILLIPS The Ambassador in Japan (Woods) to the Secretary of State IWAKI, September 4, 1923. Communications have just been opened up with Yokohama. The situation there is exceedingly serious and some Americans are reported to have lost their lives. The casualties in Tokio are estimated at 10,000. I believe all Americans in Tokio are safe. The food situation is acute. Send supply from Philippines at once as already requested. The fire-proof vault of the Embassy was not fire-proof and all Embassy records are burned. WOODS "The same telegram was sent to the consuls at Kobe and Nagasaki. 894.48B/39: Telegram The Ambassador in Japan (Woods) to the Secretary of State TOKYO, September 4, 1923. [Received September 8-12:45 a.m.] This disaster without precedent in history, one-half million dead, several million destitute and homeless, there is utter lack every necessity. President of the United States should issue an appeal at once to the American people relief along lines mentioned in my previous telegrams. WOODS 894.48B/22 : Telegram The Consul at Kobe (Dickover) to the Secretary of State KOBE, September 5, 1923. Replying to Department's telegram 3d.24 Yokohama completely destroyed by earthquake and fire, no business houses nor homes remaining standing. Consulate general collapsed and burned killing Kirjassoff and wife, Vice Consul Jenks, Kuribara,24 and Russian clerk. Kirjassoff's two children, Vice Consuls Sturgeon, Nason, and Wardell and Miss Martin safe. Naval Hospital destroyed, Commander Webb badly injured, pharmacist Zembsch and wife killed, and two enlisted men reported killed. Owing to complete destruction of city, lack of food and water, and danger from hunger-driven and uncontrolled Japanese, all foreign residents are proceeding to Kobe. Four refugee vessels have arrived already. Miss Martin with Kirjassoff children has arrived, and Nason, Sturgeon, and Wardell expected today. Ambassador Woods and entire staff of Embassy Tokyo reported safe and well. Approximately half Tokyo destroyed by fire, and some foreign residents proceeding to Kobe. Kobe residents have raised funds and are working day and night to assist refugees but funds insufficient for lengthy period and aid desired. Tokyo and Yokohama banks not functioning and funds should be sent to me through International Banking Corporation. Suggest send $50,000 for relief destitute foreigners. No estimate can be made of aid required by Japanese in Yokohama and Tokyo as communications still out but shall communicate with Tokyo as soon as possible regarding most necessary requirements. Shipping Board steamships being used for relief of foreigners, and I have offered two vessels to Japanese authorities. President Jefferson will leave today with about 300 destitute Americans and aliens who will need assistance "See footnote 23, p. 467. 24 Kuribara was injured, not killed. |