268 U.S. 258 (1925), 182, Cockrill v. People
|Docket Nº:||No. 182|
|Citation:||268 U.S. 258, 45 S.Ct. 490, 69 L.Ed. 944|
|Party Name:||Cockrill v. People|
|Case Date:||May 11, 1925|
|Court:||United States Supreme Court|
Argued March 6, 1925
ERROR TO CALIFORNIA DISTRICT COURT OF APPEAL,
THIRD APPELLATE DISTRICT
By the California Alien Land Law, under which acquisition, use, or control of agricultural land is forbidden to aliens not eligible to citizenship under the laws of the United States and interests which such persons cannot take are to escheat to the state when conveyed with intent to avoid that result, it is provided that a prima facie presumption that conveyance is made with that intent shall arise upon proof of the taking of the property in the name of a person not inhibited if the consideration is paid, or
agreed or understood to be paid, by an alien of the disqualified classes. In a prosecution for conspiracy to violate the statute, where the conveyance as taken by an American citizen and the consideration paid by an ineligible Japanese, but with intent, as it was claimed, that the interest should be held for his children, who were American citizens by birth, held that the statutory presumption of intent is consistent with the due process and equal protection clauses of the Fourteenth Amendment and with the provision of the treaty with Japan guaranteeing lo the subjects of the parties to it protection of persons and property and enjoyment in that respect of the rights and privileges granted native citizens. Pp. 261-262.
62 Cal.App. 22 affirmed.
Error to a judgment of the California district court of appeal affirming a sentence for conspiracy to violate the Alien Land Law of that state. The Supreme Court of California had refused a petition for review.
BUTLER, J., lead opinion
MR. JUSTICE BUTLER delivered the opinion of the Court.
Plaintiffs in error were convicted in the superior court of Sonoma county, California, of conspiracy to effect a transfer of real property in violation of the Alien Land Law of that state. Judgment was affirmed by the district court of appeal. People v. Cockrill, 62 Cal.App. 22. A petition to have the case heard and determined in the Supreme Court of California was denied. The case is here on writ of error. § 237, Judicial Code.
Under the Alien Land Law, Japanese subjects who are not eligible to citizenship under the laws of the United
To continue readingFREE SIGN UP