Sometimes I have an idea (like a few weeks ago) to figure something out, put together a research plan, execute it, and still come up seriously short. That’s exactly what happened the last couple of weeks as I tried to dig into the Alien Land Law and how it worked in Olympia.
One piece of our particular brand of Pacific Northwest racism that I left out of my post a few weeks back was, of course, the Alien Land Law. It existed for nearly our entire history, lasting until 1966, and undergirded much of how we treated racial minorities in the Pacific Northwest.
Long Background on Alien Land Laws
The Alien Land Law in Washington State, rooted in the state 1889 constitution and subsequent legislation, prohibited land ownership by residents ineligible for citizenship. Though seemingly race-neutral in its language, its primary aim was to disenfranchise non-white immigrants, particularly Chinese and Japanese individuals.
Initially, territorial law encouraged non-citizen land ownership to attract white settlers and foreign investment. However, economic anxieties among white laborers and farmers, combined with a rising tide of anti-Chinese sentiment, soon led to laws restricting land ownership for those deemed “ineligible to citizenship,” effectively targeting Asian immigrants who were barred from naturalization under federal law. Later iterations of the law focused even more directly on Japanese immigrants, further restricting their ability to lease or even hold land through their American-born children.
The question I had was: if the laws in Washington forbade Chinese and Japanese families from owning land, how did they operate businesses in Olympia during this era? The Olympia Historical Society points out that dozens of businesses across Olympia were operated by Asian families, though apparently not controlling the land underneath the businesses.
One method involved leveraging their U.S.-born children, which leads us into a reflection on today’s debates about the 14th Amendment and birthright citizenship.
Washington State’s Alien Land Laws initially targeted non-citizen land ownership, focusing primarily on Chinese and later Japanese immigrants. While the original laws didn’t explicitly address land ownership by the U.S.-born children of these immigrants—who were birthright citizens under the 14th Amendment, a loophole soon emerged. Families began purchasing land in their children’s names, allowing parents barred from owning property to indirectly control it through their citizen offspring.
In response, the legislature passed additional laws, notably in 1923, specifically stating that land held in the name of a child of an ineligible alien would be considered held in trust for the parent, effectively closing the loophole. In 1925, the Washington State Supreme Court case State v. Hirabayashi reinforced this interpretation, ruling against the transfer of land-holding stock to second-generation Japanese American children when their parents retained control, deeming it an evasion of the Alien Land Law.
This situation created a direct conflict with the 14th Amendment’s Citizenship Clause. While the 14th Amendment unequivocally granted citizenship to those born within the United States, the Alien Land Laws limited the practical benefits of that citizenship, especially the right to own and control property. It highlighted the tension between the constitutional guarantee of birthright citizenship and state-level efforts to maintain racial discrimination.
This history dovetails with contemporary legal battles surrounding birthright citizenship, particularly efforts by the Trump administration to reinterpret the 14th Amendment’s Citizenship Clause. Just as past lawmakers sought to create exceptions to citizenship rights based on parental status, current arguments attempt to carve out similar exceptions, revealing a recurring tension between constitutional principles and efforts to impose discriminatory limitations.
So Where Does That Leave Us in Olympia?
Who did own the land underneath those businesses?
What I was trying to find out was who the non-Asian families were who supported Asian-owned businesses by leasing or renting land to them. The real research (narrowing it down through property records on microfilm) will take some time. I’ll get to that eventually. For now, I’m content just sketching out the context.
Leasing or renting to Asian families did not escape the notice or ire of Olympia’s more racist white residents. From an Olympia Tribune editorial in the 1890s, we see a call for the expulsion of Chinese residents by legal means, especially by encouraging property owners to refuse to rent to them. The editorial reflects widespread fears among white laborers about job competition and portrays the Chinese community as an unwanted and growing threat. It even calls for the creation of a citizens’ association to coordinate exclusion efforts, promoting the motto: “Olympia for Olympians.”
From a separate, sympathetic article about the populist “People’s Party,” also from the 1890s: “We believe that those who patronize the Chinese are enemies of their white brethren, and we favor strict exclusion and entire letting alone of all Chinese and their sympathizers.”
When I poked around the same newspaper archives looking for records of who owned the land underneath Asian-owned businesses, I came up short. I can only assume that while business relationships were practical and necessary, they were considered perilous enough that few people talked about them openly.
The land owned by Sam Fun Locke’s family at the corner of Columbia and 5th is a good example of this land record puzzle. Locke was one of Olympia’s most successful Chinese businessmen, often called “The Mayor of Chinatown.” After his death, the property was passed along to his descendants. I can pick up the property transfers starting in the 1940s but can’t trace anything definitive before that.
I can, however, track the locations of his businesses through phone directory records, which makes it possible to compare them with land ownership records. That way, I could eventually find out when exactly Locke’s family came into possession of the land, and whether the same family owned it while Locke operated his business there.
So, there’s still more work to do. But this week, at least, I was able to lay out the policy and legal landscape before diving deeper.
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