1945 [S.B. 274]

An Act

To regulate further the rights, powers and disabilities of aliens to own property in this state; establishing certain presumptions in respect thereto; providing penalties and injunctive relief for violation; providing a saving clause; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

Section 1. Whenever leases, cropping agreements, or any other agreements to acquire, possess, enjoy, use, cultivate, occupy and transfer real property for farming or agricultural purposes, or to transfer in whole or in part the beneficial use of said lands, are made in the name of the wife or child of any alien not eligible to citizenship under the laws of the United States or made in the name of any other person, and when any such alien not eligible to such citizenship is then or thereafter allowed to remain or go upon the land, farm and cultivate same and enjoy directly or indirectly the beneficial use of such agricultural lands or obtains or has a beneficial interest in or use of the proceeds received from the sale of the agricultural crops produced on said lands, then any person signing or entering into any such agreement with knowledge that any such alien shall be allowed or permitted to farm and cultivate such land and enjoy directly or indirectly the beneficial use of such agricultural lands or have a beneficial interest in or use of the proceeds received from the sale of the agricultural crops produced on said lands, or any person who allows or permits any such alien to farm the sale of the agricultural crops produced on said lands, or any person who allows or permits any such alien to farm and cultivate such lands and enjoys directly or indirectly the beneficial use of such agricultural lands or obtain or have a beneficial interest in or use of the proceeds received from the sale of the agricultural crops produced on said lands, shall be guilty of violation of the terms and provisions of this act and, upon conviction thereof, shall be punished by imprisonment in the county jail or state penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment, and the district attorney of the proper county shall have the power to institute injunction proceedings in the name of the state of Oregon against any and all such persons for the purpose of enjoining and restraining them from carrying on farming operations on any agricultural lands in the state of Oregon, under the terms and provisions of any such agreements, contracts or leases, as hereinbefore provided.

Section 2. In any action or proceeding civil or criminal by the state of Oregon, or the people thereof, when the complaint, indictment or information alleges the alienage and ineligibility to United States citizenship of any defendant, proof by the state, or the people thereof, of the acquisition, possession, enjoyment, use, cultivation, occupation or transferring of real property or any interest therein, or the having in whole or in part the beneficial use thereof by such defendant, or of any such facts, and, in addition, proof that such defendant is a member of a race ineligible to citizenship under the naturalization laws of the United States, shall create a prima facie presumption of the ineligibility to citizenship of such defendant, and the burden of proving citizenship as a defense to any such action or proceedings shall thereupon devolve upon such defendant.

Section 3. In any suit or action, civil or criminal brought pursuant to the provisions of the laws of the state relating to the rights, powers and disabilities of aliens with respect to property, proof that the defendant is not a registered voter in the county in which the land involved in any such suit or action is located shall establish a prima facie presumption that such person is ineligible to citizenship.

Section 4. An alien ineligible to own any interest in land in the state of Oregon who shall till, farm or work upon said land, or occupy the same in any capacity whatsoever, shall be presumed to be the owner of a leasehold or some interest in said land.

Section 5. If any section, sentence, clause or word of this act shall be held to be unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this act, it being the intent of this legislative assembly to enact the remainder of this act, notwithstanding such part so declared unconstitutional should or may be so declared.

Section 6. It hereby is adjudged and declared that existing conditions are such that this act is necessary for the immediate preservation of the public peace, health and safety; and an emergency hereby is declared to exist, and this act shall take effect and be in full force effect from and after its passage.

Approved by the governor March 26, 1945.

Filed in the office of the secretary of state March 27, 1945.