Los Angeles herald., 1909-10-03

persons of undisputed intellectual strength who have
investigated the above proposition in both Japan and
the United States hesitated to declare that
ITO question the validity of such a marriage by
requiring second marriage according to our law and
custom is wholly without warrant in equity or law,
impeaches the integrity of the Japanese government
and is little short of an insult to a friendly nation
that the Christian marriage VOWS not binding
upon the conscences of the nonC Christian Japanese,
and it is little short of farce to require them"
AS to the Legal Side
A generally accepted principle of international law
is the dctum that marriage contract legazed by
the laws of the country where the ceremony is per-
formed should be similarly treated by all other
tries when to so regard such contract is not detr
mental to public policy
Controverting the opinion quoted, an abundance of
legal opinion has been offered in support of the claim
that marriage according to American custom of par
ties to these picture marriages" is demanded not
only for its moral value but for other reasons
Even though the Japanese marriage laws may not re-
qure the physical presence of the contracting parties
at the place where such contract 1t made effective,
vet seems reasonable to suppose when the japanese
government enacted its marriage laws that the physi
cal presence of both interested parties within the
jurisdiction of Japan, when the ceremony COM
pleted was contemplated and not that one of such
parties should be permanent resident of California,
subject to all its laws the other being domieiled
as to render obedience to japanese law obligatory.
1t is pointed out that the marriage laws of all great
governments other than Japan provide for the bodily
presence of both contracting parties when marriage
is celebrated, hence the contention that TO allow the
consummation of picture marriages" without en-
forcement marriage sanctioned by our own law and
custom is positively detrimental to public policy to
which our people have steadfasty adhered since the
founding of the government
The Japanese male who obtains his wife through
the ''pcture marriage" system in nearly every in
stance has been permanent resident OF the United
States for term of years, has been amenable to all
our laws and a recipient of many benefits accru1ng
therefrom He intends to continue residence in the
United States after marriage and does 1t not therefore
seem perfectly proper and altogether reasonable to
insist that when the marriage compact is erected
the ceremony should by all means conform to the
laws of the State wherein the marriage takes place?
research fails to develop that the subjects Of any
government earth other than that of Japan expect
our government to recognize binding any marriage
NOT consummated while both participants are phys-
cav present either in the country of adoption or IN
some other country. 1t cannot be gainsad when
any subject of a foreign government, exclusive OF
the Japanese, who has had residence in the United
States wishes to take in marriage woman then re-
siding abroad and to continue residence here there
after that such subject either proceeds to his native
land celebrates his marriage agreement under the
laws of his own government an alternative sends
for his prospective spouse and Immediately upon
arrival accepts her in marriage in accordance with
the laws of our own country To insist that Japan
csc principals in picture marriages do likewise con-
vevs absolutely intention or desire on the part OF
our government to show dscourtesy to the friendly
government of Japan
Polygamy Obnoxious.
AS matter of fact there other countries whose
marriage laws go unrecognzed by our government
reference being had to those governments whlcn
stamD with approval obnoxious polygamous mar
riages Not only are polygamous marriages contract
ed under the laws of other countries taboo by Uncle
sam but the statute explicitly states that polyga-
msts or persons who admit their belef in the prac
tice, of poygamy" shall be denied admission to the
limited States The latter government believes that
nolvgamous marriages are detrimental to public pol
icy and regardless of what other countries may
favor such contracts they will not be recognized here
but at the same time government In the enforce
ment of its laws does not intend the slightest DIS
courtesy to any friendly nation whose laws or benets
make polygamous marriages possible.
In addition to the reasons cited why parties to the
picture marriages should be required to conform to
our own marriage custom there remains the decided
necessity for such action WILL under the mandates
of our own laws definitely determine who is to be re-
sponsble for the moral safekeeping of the young
Japanese girls brought into the United States by the
system herein outlined. In all probability the census
about to be taken will show the japanese population
of the United States to be in the neighborhood Of
10000 the males representing about seventyhVe per
cent of the total number
The Japanese Consul General at San Francisco has
said that he and the japanese government desired in
the interests of morality to have many of the
Japanese in this country married as possible. viii it
conserve our own public policy to have any portion of
the Japanese males in the United States import
their wives under the picture marriage" pan ignor
ing all reference the marriage laws of this country?
Our people general have little knowledge Of
the cunning displayed in the matter of supplying
victims for the many houses of infamy to be found
in thckly settled districts in every city of any size
on the Pacific slope. One authority the subject
of Oriental immigration INDUCES in the following
"The Oriental In this country has family life.