In Re Y. Akado

The petitioner is in custody upon a warrant of arrest issued upon an indictment charging him with a violation of section 10 of the act adopted by initiative at the November election of 1920, forbidding the acquisition of agricultural lands in this state by any alien who is not eligible to become a citizen of the United States. Claiming that section 10 of the act is invalid and that the indictment states no public offense, he seeks release by a writ of habeas corpus.

Section 1 of the act provides that all aliens eligible to citizenship under the laws of the United States may acquire real property in the same manner as citizens of the United States.

Section 2 provides that all aliens other than those mentioned in section 1 may acquire, possess, enjoy, and transfer real property “in the manner and to the extent and for the purpose 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. ’ ’

This, in effect, declares that no alien who is not eligible to citizenship under the laws of the United States may acquire real property, except as provided by the treaty existing…

Concurring.—I concur, but adhere to the views I expressed in Estate of Yano, ante, p. 645, as to the constitutionality of the provision of the alien land law relating to guardianship.