, without consideration of the
circumstances of individual cases, constitutes a denial of equal
protection of the law when consent is withheld from certain persons
solely on the basis of nationality.[1110] But a city council may reserve
to itself the power to make exceptions from a ban on the operation of a
dairy within the city,[1111] or from building line restrictions.[1112]
Written permission of the mayor or president of the city council may be
required before any person shall move a building on a street.[1113] The
Mayor may be empowered to determine whether an applicant has a good
character and reputation and is a suitable person to receive a license
for the sale of cigarettes.[1114] In a recent case[1115] the Court held
that the unfettered discretion of officer river pilots to select their
apprentices, which was almost invariably exercised in favor of their
relatives and friends, was not a denial of equal protection to persons
not selected despite the fact that such apprenticeship was requisite for
appointment as a pilot.

Alien Laws

The Fourteenth Amendment prohibits purely arbitrary discrimination
against aliens.[1116] Where alien race and allegiance bear a reasonable
relation to a legitimate object of legislation, it may be made the basis
of classification. Thus, legislation has been upheld under which aliens
were forbidden to conduct pool rooms[1117] or to take game or possess
shotguns.[1118] A discrimination between citizens and aliens in the
matter of employment on public works is not unconstitutional.[1119] A
State cannot, however, deny to aliens the right to earn a living in
ordinary occupations. Consequently, a statute requiring that employers
of more than five workers employ not less than eighty percent qualified
electors or natural born citizens denies equal protection of the
law.[1120] Likewise a State law forbidding the issuance of commercial
fishing licenses to aliens ineligible for citizenship has been held
void.[1121] State laws forbidding aliens to own real estate, have been
upheld in the past.[1122] A less sympathetic attitude toward such
legislation was indicated in Oyama _v._ California, in 1948.[1123] There
the State of California sought to escheat land owned by an American-born
son of a Japanese father under a provision of its Alien Land Law which
made payment by an alien of the consideration for a transfer of land to
a third person _prima facie_ evidence of intent to evade the statute.
T