Jones v. Webb

[89]

SEAWELL, J.

Appeal from a judgment entered in favor of respondents after demurrer sustained without leave to amend.

Appellant F. S. Jones is a citizen of the United States of America, a resident of and an owner of a parcel of land consisting of ten acres, situate in the county of Los Angeles, this state. Appellant Takeo Makimoto is a native of Japan and ineligible to citizenship in the United States of America. They have prepared a contract for the production of berries, vegetables, and other farm crops, which they desire to and would execute but are deterred from doing so by fear of prosecutions threatened to be instituted against them by the attorney-general of the state and the district attorney of the county of Los Angeles under and by the authority of the forfeiture and escheat provisions of the initiative Alien Land Law of the state (Stats. 1921, p. lxxxiii; Henning’s General Laws 1920, p. 59) and the amendment thereto (Stats. 1923, p. 1020), should they do so. The same kind of injunctive relief is sought here as was prayed for in

Porterfield

v.

Webb et al., ante,

p. 71 [231 Pac. 554].

By the language of the proposed contract it is denominated a contract of employment and the land owner is designated “employer” and the ineligible alien is designated ‘1 employee. ’ ’ The ineligible alien undertakes, under the direction of the land owner, to plant, cultivate, harvest, and pack all crops to be grown upon the lands and do all work necessary to be done in the production of crops in a farmerlike manner. He is to furnish all machinery, horses, tools, and equipment required in the production of and the packing of said crops. The land owner agrees to pay the ineligible alien, as compensation for his services of husbandry, the sum of twenty-five dollars per month on the last day of each and every month. In addition thereto, quoting the language of the contract, said employer promises “to give, as a bonus, an additional sum to malee the total compensation equal to sixty-six and two-thirds per cent of the net profit realized by the employer (land owner) from the operation of said property after deducting all costs and expenses paid by the employer (land owner) in the planting, cultivation, harvesting and marketing of said crops, said net profit to be determined at the end of each year of the continuance of