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JORDAN V. TASHIRO, 278 U. S. 123 (1928)

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U.S. Supreme Court

Jordan v. Tashiro, 278 U.S. 123 (1928)

Jordan v. Tashiro

No. 13

Argued April 13, 1928

Reargued October 9, 1928

Decided November 19, 1928

278 U.S. 123

Syllabus

1. Where, by the terms of a state law, aliens were entitled to file articles of incorporation for certain purposes if so privileged by a treaty of the United States, and not otherwise, and the highest court of the state granted them a writ of mandamus against state officers upon the ground that such privilege, specially set up and claimed, was secured by the treaty, a review of the case at the instance of the officers is within the jurisdiction of this Court under Jud.Code, § 237(b). P. 278 U. S. 126.

2. Obligations of treaties should be liberally construed to effect the apparent intention of the parties to secure equality and reciprocity between them. Where a treaty admits of two constructions, one restricting the rights that may be claimed under it and the other enlarging them, the more liberal construction is to be preferred. P. 278 U. S. 127.

3. The treaty of commerce and navigation between the United States and Japan authorizes citizens of Japan to carry on trade within the United States and

"to lease land for residential and commercial purposes, and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects, submitting themselves to the laws and regulations there established.

Page 278 U. S. 124

Held that this includes the operation of a hospital as a business undertaking, the leasing of land for that purpose, and the exercise of these privileges through a corporate agency. Pp. 278 U. S. 126, 278 U. S. 129."

201 Cal. 236 affirmed.

Certiorari, 277 U.S. 580, to a judgment of the Supreme Court of California which granted a writ of mandamus against the present petitioners, the Secretary of State and Deputy Secretary of State, of California, commanding them to file articles of incorporation tendered by the respondents, who were Japanese aliens.





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