New-York tribune., 1908-12-09
ARE ANGRY AT ENTENTE
TO ATTACK
ADMINISTRATIONS.
Senators Insist japanese Under
standing Is Treaty-Real Treaty
Expected.
[From The Tribune Bureau. J

From The Tribune Bureau
Washington. Dec. S.-DemocratiC Senators are
preparing for a violent attack on the admins
tration, based the allegation that the diplo-
matte notes exchanged between the Secretary of
State and the Japanese Ambassador are in the
nature of treaty, and should, therefore, have
been submitted to the Senate for its approval
Senator Bacon is particularly worked up over
the situation" and while he is decidedly mys-
terous over his plans it is certain that he will
attempt TO embarrass the administration, and
it is probable that in this worthy purpose he
will have the assistance of the Democratic
leader Senator Culberson. Senator Rayner is
also understood to be preparing a pyrotechnc
speech the subject.
The Republican Senators are disposed TO treat
the Democratic discovery of a constitutional
violation with levty. They point out, The
Tribune has already done editorially that there
is ample precedent for such exchange of notes,
and that they in way binding on either
government, although they of material dip
iomatic Importance, both as committing Japan
to policy long advocated by this country and
as tending TO alIay unreasonable suspicion
Of Japan which has been cherished in some
quarters While the so-called administrative
entity Of China" note which Secretary Hay ad-
dressed to the powers on July 3. 1900 is
tirely analogous case. there are other precedents
recorded much earlier in the history of the
country.
For instance when the Clayton Bulwer treaty
had been ratified in 1850 the British Anlbassa-
dor decided that inasnuch as her majesty's
possessions in Honduras had not been explicitly
excepted from its provisions, there must be an
exchange Of diplomatic notes declaring il to be
the understanding Of both governments that such
exception was intended" and the exchange took
place before the final exchange of ratifcations.
There are abundant instances Of such exchanges,
-I,, .cti
nation of the Republicans, do nothing more
than raise a dust. the effect Of which viii be
merely to expose their own ignorance.
Mr. BacoIs position is likened by some Sen
ators that which he assumed a year ago with
regard to the army and navy pay bill The Sen
ator from Georgia reached the highest pitch Of
indignation over what he termed executive usur-
patton when he discovered that the President
had authority to adjust the pay table OF the
commissioned officers and men Of the navy, and
it was only after it had been painstakingly
pointed out and proven to him that this had been
the law since the administration Of Presi-
dent Madison that he was convinced that it
not "a Roosevelt innovation"
The investigation of the subject of precedents
for the Japanese notes led TO the discovery that
still further negotiations are in progress be
tween the Secretary of State and the japanese
Amba ssadOr. negotiations which viii culminate
in q treaty to be submitted to the Senate for its
ratification. This treaty, it is expected will
place the immigration of Japanese and Amer
lean Iaboring men into the respective countries
such limitations as deemed desirable by
both governments, Japan, which is quite as
much opposed to the emigration OF her subjects
as parts Of this country to receiving them
will welcome q final determination of the ques-
ton by means of a treaty. if such be
framed as to avoid injuring the pride Of the
japanese people and the cordiai relations exist
ing between the two nations. This is deemed
most opportune time for the perfection of such
q convention. Senators who enjoy the conf
dence of the administration convinced that
Secretary Root will succeed in negotiating
treaty which. will be cheerfuIly ratified by the
Senate.