In Re Nose

SEAWELL, J.

Petitioner a native and subject of Japan and admittedly ineligible to citizenship in the United States of America, is restrained of his liberty by the constable of Los Angeles township, county of Los Angeles, on a warrant issued upon a complaint charging him with a criminal violation of the initiative Alien Land Law adopted by the

[93]

electors of this state November 2, 1920 (Stats. 1921, p. lxxxiii.) He claims that his detention is illegal.

Specifically the complaint charges that petitioner unlawfully entered into a conspiracy with one Bischof to execute a contract the purpose of which was to give to petitioner the right to possess, use, cultivate, occupy, and have the beneficial use of a body of agricultural lands containing about eight acres situate in the county of Los Angeles, this state, of which Bischof is lessee and Manuella E. Letton is the owner. The contract upon which the charge of conspiracy is based does not differ in material respects from the contract in the case of

Jones et al.

v.

Webb et al., ante,

p. 88 [231 Pac. 560]. It specifically limits the days and hours of labor and fixes a monthly wage of a hundred dollars, and

ex industria

provides that “as an incentive to the said employee (ineligible alien) to be industrious and efficient, and as an additional wage, ’ ’ Bischof is to pay the alien a sum equal to fifty per cent of the net profits of the crops to be grown and harvested on the premises by the alien. The contract closes with the following paragraph: “It is further provided that in the event the employee (alien) is discharged for cause, or shall abandon this contract, the employer shall be relieved from all liability for said additional wage.” The last paragraph is merely one providing for a breach of contract, and in no way changes the true character of the instrument. The contract is one which, if valid, would confer upon the alien the use and benefits arising from the control, occupancy, and enjoyment of real property, which is denied to an ineligible alien by the Alien Land Law of the state.