The San Francisco call., 1899-09-01
JAPAN WILL
INQUIRE INTO
THE OTA CASE
An Unfriendly Feelin 6
Is Alleged.
WHY Mr.. GAGE WAS lENlENI I
WHY Mr.. GAGE WAS LENlENT

There is likely TO be diplomatic tilt
between the United States and japan
over the Ota incident, and the relations
between the two countries may become
strained in consequence.
General W. H. L. Barnes and 1mmigra-
ton Commissioner North are at the bot
tom of 1t, and General Barnes has trans
ferred the preliminary sklrmish from the
United States District Court to the United
States Court of Appeals. If he does not
succeed in obtaining justice for his client
in that court he will go before the 'Su-
preme Court of the United States and
make of the habeas corpus case OF ,.
Ota celebrated one in the law books.
In the meantime the Japanese Govern
ment will not wait for the sluggish prog
ress of the legal river through the
choked-up channels Of the courts, but
will lay the matter before the admins
tration.
Ota is a Japanese merchant doing busi-
ness in this city for the past eight years
and paying taxes on several thousands
of dollars worth of property. He went
to Japan last March and purchased $1,000
worth of new stock, and on his return
was denied admittance to this country
by United States immigration Comfnls-
sioner North on the ground that Ota was
an alien immigrant and that he was al
fiicted with a contagious disease.
The contention was raised on habeas
corpus by General Barnes that he was
not an immigrant and for that reason
agreed with General Barnes in that re-
spect, but held that he had no Jurisdic.
ton to review or set aside the aStion S |, oI u
appealed also to the Secretary of the
Treasury, and a letter from National I'm
migration Commissioner Powderly TO
Commissioner North, sustaining his ac-
ton, was approved and signed by the
Secretary of the Treasury. Yesterday on
a second application for writ of habeas
corpus Judge de Haven reiterated his
opinion that North had erred and that
Ota was the victim of great legal. in
justice, but that the court had no power
to interfere.
General Barnes remarked that it was
a strange condition of affairs when res
ident taxpayer could be outraged in such
matter and the courts could not in
Mr. North is in Washington and could
not be interviewed as to his opinion OF
Judge de Haven's opinion. but it is be
lieved that his action was, inspired by
the reported unfriendly action of japan
in selling arms and other munitions of
war TO the: Filipino rebels. During the
existence of the war with Spain II was
observed that the Secretary OF the Treas
ury was lenient toward Japanese Immi-
grants, and in several cases ordered them
landed after Mr.. North had denied them
admission, the evidence having convinced
him that they We're contract laborers.
When Mr.. North pursued an investiga-
suavity of the Secretary of the Treasury
toward Japanese immigrants in particu-
lar he received a quiet tip from one who
knew to the effect that it was the policy
of the administration to be very sweet
with Japan during the war with Spain,
for Japan was in a position TO do the
United States great damage by covertly
if not openly. assisting the Spaniards in
the Philippines.
With the close of the war with Spain
| came the reaction, and Mr.. North found
that his official acts were once more be-
7 The action of Commissioner North in
! excluding Ota has been generally con-
demned in legal circles. and for that rea-
son the aCquiescence Of the Secretary OF
the Treasury is regarded as significant
Of the new state of feeling entertained
against Japan by the ADMINISTRATION
| 1t is understood that the Japanese Min
! lister at Washington will send a report
! of the case to the Emperor. and there is
! likely to be some sharp diplomatic CORE
| spondence regarding the alleged unfriend-
| " attitude of the United States.