usiness, or to
make a loan of money, in any State other than that in which the citizen
resides was a privilege of national citizenship which was abridged by a
State income tax law excluding from taxable income interest received on
money loaned within the State.[32] Whether or not this overruled
precedent is again to be revived and the privileges and immunities
clause again placed in readiness for further expansion cannot yet be
determined with assurance; but in Oyama _v._ California,[33] decided in
1948, the Court, in a single sentence, affirmed the contention of a
native-born youth that California's Alien Land Law, applied so as to
work a forfeiture of property purchased in his name with funds advanced
by his parent, a Japanese alien ineligible to citizenship and precluded
from owning land by the terms thereof, deprived him "of his privileges
as an American citizen." In none of the previous enumerations has the
right to acquire and retain property been set forth as one of the
privileges of American citizenship protected against State abridgment;
nor is any connection readily discernible between this right and the
"relationship between the citizen and the national government." However,
the right asserted by Oyama was supported by a "federal statute enacted
before the Fourteenth Amendment" which provided that "all citizens of
the United States shall have the same right, in every State and
Territory, as is enjoyed by white citizens thereof to * * * purchase,
* * * and hold * * * real * * * property."[34]

PRIVILEGES HELD NOT WITHIN THE PROTECTION OF THE CLAUSE

In the following cases State action was upheld against the challenge
that it abridged the immunities or privileges of citizens of the United
States:

(1) Statute limiting hours of labor in mines.[35]

(2) Statute taxing the business of hiring persons to labor outside the
State.[36]

(3) Statute requiring employment of only licensed mine managers and
examiners, and imposing liability on the mine owner for failure to
furnish a reasonably safe place for workmen.[37]

(4) Statute restricting employment under public works of the State to
citizens of the United States, with a preference to citizens of the
State.[38]

(5) Statute making railroads liable to employees for injuries caused by
negligence of fellow servants, and abolishing the defense of
contributory negligence.[39]

(6) Statute prohibiting a stipulation against liability for negligence
in delivery