The San Francisco call., 1907-06-12
MARVEL AT LEvITY
Japanese of City Regard international
Situation as Serious

a
Notwithstanding the Washington dis
patches announcing the coming of Am
bassador Aoki to San Francisco, men,
bers Of the japanese colony declared
last night that they had authoritative
information from Tokyo that he had
been instructed to remain at Wash
ington.
The Japanese regard these instruc-
lions to Aoki as evidence of the delf-
cacy OF the situation between Japan
and the United States and declare that
the embassy at Washington will have
its hands full for some time to come
The disposition of Americans to
make light OF the negotiations now
pending between Washington and
Tokyo is matter of surprise to them
They point out that the tension of the
situation is recognized at London and
other European capitals, and are un-
able to understand why the entire
matter should be treated with such
levity here.
United States District Attorney Dew
lin received no information from Wash
ington yesterday relative to- the de-
yeloprnents in the Inquiry into the
japanese restaurant disturbances here
Devlin's report of the testimony taken
by him should have reached Attorney
General Bonaparte yesterday morning.
State sovereignty, in its literal sense,
Is virtually unknown in Japan, and the
mass of the Japanese people hero is
unable to understand why the federal
government does not take hold of the
restaurant disturbances, pay the suf-
ferers indemnity for the damage done
to their businesses and feelings and
apologize to Tokyo. That California.
has the paramount authority In the
matter and regards il as one falling
under the broad domain of police Juris-
diction Is not appreciated by the Japa-
nese.
The consensus OF legal opinion holds
that If the Japanese restaurant keepers
want redress they will have to seek 1t
through the state courts. San Francisco
can be sued for damages, and should
the damages be proved and the city
fail 70 make restitution, the Japanese
could then appeal to congress. 1t is
only through this process that the
United States can be called upon TO
extend relief to injured aliens under
circumstances similar to the Japanese
restaurant disturbances
In the case OF more serious rioting,
where the state Is unable to protect
alien residents, the president might de-
clare q state of rebellion to exiss and
send regular troops to suppress the
disturbance.
In the case or an outbreak or an
anti i-Chinese mob IN Denver in 1880 1T
was held that the power of direct In
tervention on the part of the federal
government in such circumstances was
limited The federal government, 1t
was held, could not interfere with the
execution of municipal laws.
In the case of the Rock Springs
(Wyoming} riot of 1885, in which 2S
Chinese were killed and Is wounded. a
similar question arose. The mob pur-
sued the unresisting Chinese and
burned their village, INJECTING damages
amounting to $4,000. The civil au-
thorities did not attempt to suppress
the rioting, and the inquest upon the
bodies of the victims was denounced
by the Chinese minister at Washington
as a trayesty.
When the Mafia murdered the chief
of police of New Orleans and italians
were lynched by mob, the federal
government was. unable to interfere
and the Italian minister was recalled
from washington and remained away
for several years.. When the matter
was taken to the courts II was found
that. the statutes of Louisiana pre-
vented the municipality of New Orleans
from being liable for indemnity. Con-
gress was accordingly obliged to vote
an indemnity to the relatives of the
slain Italians.