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? bh’ oad 111/23. mos Page 7. GENERAL JAPANESE SITUATION. wpon which Congress made such oclasaifiostion is substantial and reagon- able. Generally speaking, the natives of European countries are eligi- ble, Japanese, Chinese and Malays are not, Ho Disorimination. Appellaxt's contention that the State's acts: @isoriminate arbitrarily against Nakatsuka and cther ineligible atiens oO a oe or or race who have not declared their intention in good faith to he- come citizens are prohibited from owning agricultural lands, Two eleasses of aliens inevitably result from the naturalization laws - thor why may and those who may not become citizens. The rule established bs Congress on this subject in and of itself furnishes a reasoneble basis for classification in a State law withholding from aliens the privilege of land ownership as defined in this act. | We agree with the eourt below, that it is obvious that one wh< is not a citizen end cannot become one lacks an interest in and the power to effectually work for the welfare of tha State, and so laski the Sate may rightfully deny him fhe right to own and lease real es- tate within its boundaries. If one incapable of sitiszenship may leas or own real estate, it in within the realm of possibility that every foot of land within the State might pass to the ownership or posseasi¢: ef non-oltisens. . In that pert of the opinion holding that the slien land laws, | of Washington and California did not conflict with the treaty between: the United Btates and Japan Justice Butler said: To prevail on this point applicants mugt show conflict be- | T1169