19 Wash. 85 | Wash. | 1898
The opinion of the court was delivered by
Tbis action was brought by tbe state on tbe relation of tbe attorney general to declare void certain conveyances of realty made by defendants Harriette ÍT. MacDonald and D. W. MacDonald to tbe Hudson Land Company, a corporation, upon tbe ground that said corporation is an alien under § 33, art. 2, of tbe constitution of tbe state of Washington. It is conceded that at tbe time tbe property was conveyed a majority of tbe stock of tbe
“ The ownership of lands by aliens, other than those who in good faith have declared their intention to become citizens of the United States, is prohibited in this state, except where acquired by inheritance, under mortgage or in good faith in the ordinary course of justice in the collection of debts; and all conveyances of lands hereafter made to any alien directly, or in trust for such alien, shall be void; provided, that the provisions of this section shall not apply to lands containing valuable deposits of minerals, metals, iron, coal or fire-clay, and the necessary land for mills and machinery to be used in the development thereof and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien for the purposes of this prohibition.”
It seems to us that this language is not susceptible of construction. A plain policy was plainly enunciated by
“ Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien for the purposes of this prohibition.”
We' can not understand what meaning could be attached to this last provision of the act, if a corporation, the majority of the capital stock of which is owned by aliens, is allowed to become the owner of lands. It is contended by the appellant that, because a majority of the stock of this corporation was owned by citizens at the time the land was transferred to the corporation, it would work an injury and a hardship upon the corporation and upon the owners of stock thereof to hold this transfer void, and that, had it been the intention of the constitutional convention to make such an application of the law as this, language more explicit could, and surely would, have been used. We do not think that language more explicit could have been used. Presumably the members of the constitutional convention regarded this question as of great importance, and the article doubtless was passed after careful consideration and revision; and the whole article shows that it was the intention of the law that the ownership of lands bv aliens should be prohibited, and that it should be prohibited despite of subterfuges which might be resorted to by aliens for the purpose of becoming such owners; and we have already seen the wisdom of the makers of the constitution in clothing this, article in language which is so plain that it is not susceptible of
The case will be reversed with instructions to the lower court to overrule the demurrer to the complaint.
Scott, C. J., and Beavis, J., concur.
Akdebs, J. dissents.