Jordan v. Tashiro

The Case: U.S. Supreme Court decision concerning privileges in treaties

Date: Decided on November 19, 1928

Significance: One of a series of rulings relating to the tension between U.S. treaties with Japan and California’s alien land laws, the Tashiro decision gave a broad and liberal interpretation of the privileges guaranteed by treaties, emphasizing the common meanings of the words in a 1911 commerce treaty.

The U.S.-Japanese Treaty of Commerce and Navigation of 1911 authorized citizens of Japan to participate in commerce, which included everything "incident to or necessary for trade upon the same terms as native citizens.” The treaty put significant limits on the extent to which California was able to enforce the discriminatory Alien Land Law, passed in 1913. In interpreting the treaty, the Supreme Court had ruled that the treaty protected the right to operate a pawnbroker business but that it did not extend to manufacturing or agricultural production.

K. Tashiro and other citizens of Japan residing in California petitioned the state government for the incorporation of a Japanese hospital in Los Angeles. State officials refused to consider the petition on the grounds that treaty rights did not extend to the operation of a business corporation. Tashiro and his associates challenged the refusal in state court. When the court agreed with Tashiro’s position, the secretary of state of California petitioned the Supreme Court for a writ of certiorari, which was granted.

The Supreme Court unanimously upheld the ruling of the lower court. Writing the opinion of the Court, Justice Harlan F. Stone followed the precedent of liberally construing the privileges enumerated in treaties, and he concluded that the ordinary meanings of the words in the 1911 treaty necessarily included three relevant privileges: (1) conducting a business in corporate form, (2) providing medical services for a fee, and (3) leasing an appropriate amount of land needed for the purpose of a commercial business.

Thomas Tandy Lewis

Further Reading

Hyung-chan, Kim, ed. Asian Americans and the Supreme Court: A Documentary History. Westport, Conn.: Greenwood Press, 1992.

LeMay, Michael, and Elliott Robert Barkan, eds. U.S. Immigration and Naturalization Laws and Issues: A Documentary History. Westport, Conn.: Greenwood Press, 1999.

See also: Alien land laws; California; History of immigration after 1891; Japanese immigrants; Supreme Court, U.S.

Add comments

Carol Gates0 answers 20 July 2017 02:28

Hey guys, Effective powerful love spell to get your ex lover back now.
I'm so excited of getting my husband back after he left me and our 3 kids for another woman.
After 2 years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. i felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Prophet Efe can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a (Love spell) for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before,All thanks to Prophet Efe. he is so powerful and i decided to share my story on the internet that Prophet Efe real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email him at: ,
you can also call him or add him on Whats-app: +2347081602438 , ,
Carol Gates , 34 years, Texas, USA

A–Z index