Fred M. Vinson

“ In the first place, for most minors California has the customary rule that where a parent pays for a conveyance to his child there is a presumption that a gift is intended; there is no presumption of a resulting trust, no presumption that the minor takes the land for the benefit of his parent. ”

“ The California law points in one direction for minor citizens like Fred Oyama, whose parents cannot be naturalized, and in another for all other children-for minor citizens whose parents are either citizens or eligible aliens, and even for minors who are themselves aliens though eligible for naturalization. ”

“ The State argues that racial descent is not the basis for whatever discrimination has taken place. The argument is that the same statutory presumption of fraud would apply alike to any person taking agricultural land paid for byK ajiro Oyama, whether the recipient was Fred Oyama or a stranger of entirely different ancestry. We do not know how realistic it is to suppose that Kajiro Oyama would attempt gifts of land to others than his close relatives. ”

“ When these two rights clash, the rights of a citizen may not be subordinated merely because of his father's country of origin.
Since the view we take of petitioners' first contention requires reversal of the decision below, we do not reach their other contentions: that the Alien Land Law denies ineligible aliens the equal protection of the laws, and that failure to apply any limitations period to escheat actions under that law takes property without due process of law. ”

“ Petitioners challenge the constitutionality of California's Alien Land Law [1] as it has been applied in this case to effect an escheat of two small parcels of agricultural land. [2] One of the petitioners is Fred Oyama, a minor American citizen in whose name title was taken. The other is his father and guardian, Kajiro Oyama, a Japanese citizen not eligible for naturalization, [3] who paid the purchase price. ”

“ Petitioners argue that until 1943 there was some doubt as to whether reports were required. See note 23, infra.
10 § 9 (a) of the Alien Land Law.
11 The judge stated that in the absence of a strong reason people just do not take title to real estate in the name of their seven-year old children-thereby putting it beyond the power of the parents to deal with it directly, to deed it away, to borrow money on it and to make free disposition of it. ”