The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-03
How Japan Treats Allen --aborers.

the text Of treaties and know how IL
should be construed constitutes one of
the reasons why the Mikado's veteran
advisers, who shape the foreign policy
OF Japan, have shown no inclination to
o~ountenance the agitation excited by a
few discontinued politicians and their
newspaper organs against OH law pro-
hibiting the migration Of Japanese labor
ers from the Philippine Islands TO the
continental territory of the United
States. Such men as the Marquis ITo
are well aware that by the Toxic Gov
ernment's Interpretation of the existing
commercial treaty between the two VI
tries Japan is estopped from obiecting
to the exercise of authority involved in
the American law just named.
What does the existing treaty say
touching the power Of control over alien
laborers conceded to each siGnatory?
A clause in Article III. distinctly speci-
fies that the rights conceded by each
party to the citizens or subjects of
the laws, ordinances and regulations
with regard to trade, or to the immiEra-
ton OF laborers, or to the regulations
adopted for police purposes and public
security which were then in force or
might thereafter be enacted in either
OF the two countries. How did Japan
interpret this clause? Her view of the
rights accruing to her under it was set
forth, as is pointed out in a Toxic letter
to the Nev York Herald, in Imperial Ordi-
nance 352, which is now the law of the land
and which provides that all foreigners
are authorized to reside. remove, carry on
trade and do other acts outside the for
eign settlements and mixed residential
districts, with the exception in the case
Of laborers that these cannot reside or
carry on their business outside the
foreign settlements or mixed residential
districts except under the special per-
mission Of the administrative authori-
ties. As alien labOrers were already
authorized to work in the foreign settle
ments and mixed residential districts.
10 is evident that this construction of
the treaty was tantamount 10 the asser-
ton of power to exclude them from all
the rest of Japan, and to the delegation
OF the exercise of the power thus asserted
to local administrative officials.
The Japanese Minister for Home
Affairs, who was designated by I'm
perial Ordinance 25? as the supervisor
of the application thereof, proceeded 10
issue regulations declaring the proper
administrative authorities for determin-
ing all questions arising under the proviso
above named affecting alien laborers {
be the heads of procedures, who CORE
spond TO the Governors of States in our
Union. Another regulation issued by
the same Minister provided that even
when permission might formerly have
been given to alien laborers "a reside in
the interior it could be cancelled by a
local governor whenever he should deem
il needful TO do so for the public welfare.
The practical result Of these regulations
is that there are scarcely any foreign
laborers in Japan outside of the foreign
settlements, with the exception Of a few
expert mechanics employed by native
manufacturers. The truth Of course ia
that owing TO the great and growing
pressure of Japan's population on the
means of subsistence pressure that
really drove the country 10 acquire a
foothold on the Asiatic mainland the
supply of native labor so exceeds the
demand that there is no room for foreign
workmen. This politico-economic bar
rier has proved rs in~surmountable to the
Chinese as to other alien laborers.
Now, how has the United States inter-
preted the same treaty? Our Govern
ment obviously was at liberty to put
the same construction on the clause of
Article II. to which we have referred as
was applied to it by the Mikado's Minis
ters. As a matter Of fact, however, u
Federal Government has never delegated
TO the Governor Of a State such power
of excluding alien laborers as the Japa-
nese law has granted TO the project or
head of a provincial administration.
Our central Federal authority, acting in
it's own name and not in that Of a State
official. has simply exercised the right
of forbidding the migration Of foreigners
from our island possessions to our main
land territories. There is no doubt that
In OF our treaty rights we
might have gone much further and have
excluded from any Of our States even
those Japanese laborers who for years
have been allowed to reside there. For,
as has been explained above, n Of
the regulations declaratory Of the mean
ing OF the commercial treaty with the
United States which were issued by tho
japanese Ministry for Home Affairs
expressly authorizes a project or local
governor to cancel at his option the
permission TO reside in the interior which
previously may have been given to alien
laborers.
With the precedent. therefore, Of ia
pans official Interpretation Of the treaty
beforeus, what reasonable objection could
be raised ever TO tho exclusion from
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