The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-08
The aania nalu Eae aednday oniug September g. 1897.

suggestion contained in his note Of June
2S. You will at the same time urgently
impress upon him the Importance OF an
immediate response.
81 am, sir, etc, etc.
(Signed)
COUNT OKUMA SHI SHfGNOBC.
Minister for Foreign Affairs"
The following abstracts from the in
structions referred TO by Count Okuma
in the foregoing letter explain why the
Japanese government wishes to restrict
the scope OF the arbitration.
Abiding 10 Mr.. Cooper's subject to the
use Of the words arbitrary and ''ca-
PRECIOUS in characterizing the refusal
OF the Hawaiian government to allow the
japanese immigrants 10 land, Count
Okuma says:
Mr.. Cooper, 1 observe, takes excep-
ton TO the words employed by me IN
criticizing the action Of the Hawaiian
authorities. He will, am sure, under
stand that I have no intention OF max
ing use Of a single expression that could
not be fully sustained. l should be sin
cerely grateful, in the interest or the
neighborly sentiments which have SO
long united the two countries, If l could
find any reason to moderate the views
which / have felt bound to formulate.
But fortunately there Is nothing either
in the notes under acknowledgement or
in the more recently developed facts OF
the case tending TO place the acts COM
plained Of in a more favorable light. In
nv instruction Of the 18th Of June, ex-
pressed the firm conviction that the acts
Of expulsion were in violation OF treaty
stipula atoms; were without warrant or
due process of law. and in regard 10 the
remedial rights Of the expelled immi-
grants, and also that those Immigrants
had been restrained in their liberty.
That instruction has not yet been an
swered, and unless il can be shown thaI
the conviction thus advanced was er-
roneous, / shall not be able to admit
that any word having a less precise
meaning than arbitrary would accu-
rately describe the nature OF the pro-
ceedngs complained Of.
The unaccountable delay in the as
signment of the reasons for denying res
idential rights, more especially in respect
OF the passengers on the steamship Shin
Shin Maru and Sakura Maru, and the
present attempt 10 substitute other rea-
sons for those originally advanced is the
uncertainty when or by whom the several
| inquiries or investigations leading up to
the act of expulsion were actually con-
Quoted; the doubt when or by whom the
| qualificati tons of the immigrants were
| finally determined; the fact that distinc-
| rions were made between individual i'm
migrants who, in contemplation OF the
| treaty and the laws of Hawaii, stood alb
! solutely upon an equal footing, and final
| ly the circumstances that the new policy
| of wholesale exclusion was suddenly in
augurated without any notice whatever
! 10 Japan and in direct and absolute con
/ tradiction of the pre-existing practice
| all unite to give the proceedings char
acter 10 which the application Of the
term "capricious" does not, l am wei
/ persuaded exceed the bounds of fail
and Just comment and condemnation"
The Hawaiian government, Count Oku
ma goes on to say. has persisted in shift.
| ing the issue concerning the reasons as
signed for refusing to allow the immi
grants 10 land. On this account it should
not now occasion any surprise, he be-
! lieves, if the japanese government de
clines TO discuss the question whether The
possession by each free immigrant Of So
was bona fide or not.
1.-The imperial government" he OBJ
serves, maintains that in the presen
| case possession was prinna facie evidence
| OF ownership. The Hawaiian government
has frankly and unequivocally admitted
that each OF the rejected free immigrant.
was actually in possession of $50 and has
moreover, declared that under the Hawa
iian law possession is synonymous witt
| Ownership Consequently the imperia
government deny that il was a. any time
incumbent on the immigrants 70 prove
that the possession in question was bona
| fide."