The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-14
JAPAN RAISES GREAT ISSUE.

The note 10 the California Lcgisla-
turc from the japanese Consul-Gcncrai
AT san Francisco. protesting against an
friendly state Legislation against Jap
ancsc, will, if backed by the Imperial
Government of Japan, raise the whole
question of our treaty obligations, IN
n form not TO be cvaded Heretofore
We have slipped over the rough places,
where local disturbances have ovcrrld
den our treaty requirements by various
excuses and by the payment of indem-
nifty. In the ease of the lynchiug OF
Government paid damages that wcro
satisfactory tp Italy, In The case OF
the Rock Springs (Wyoming) riots, the
Federal Government came to the res
cue, also. and paid indemnity tp China.
But il is not easy 10 sec how indem-
nifty, even if offered. can meet the case
as presented by the japanese.
The truth is that here is case where
Congress has failed in its evident duty
of enacting the necessary laws TO carry
out our treaty stipulations. IT is true
that California has overridden the
treaty obligations entered into by our
Government with China, and perhaps
she may have done so to some extent
with Japan, but not so fagrantIy 1t
is true. also. that the Constitution Of
the United States makes treaties en-
tered into with foreign powers the SUI
premc law of the land, equal with the
provisions of the Constitution itself.
But the difficulty has been, and is yet.
practically to apply this provision IN
The face of local hostile sentiment, such
AS exists in California against Cinnamon
and japanese.
IT is not a sufficient reply To Japan
or 10 China. nor was il 10 ITALY, TO say
that the United States has no means of
enforcing its treaty obligations in the
different States; it is no reply to say,
as perhaps will be said now in behalf
Of California. that the State does not
have any foreign relations, and is un-
able TO respond to the demands of ia,
pan. Eandying the point back and
forth as between the Nation and the
State is certainly no satisfactory an
swer 10 Il treaty demand, whether from
Japan Or from any other power We
should have Congressional legislation
definitely providing for the supremacy
of our treaty obligations and the
enforcement of such laws in that regard
as arc enacted, in definite ways, fixed.
And if Japan insists in this case, ii will
teach us the necessary lesson, that we
cannot afford TO place our National OBJ
legations on so frail basis as the lo-
cal sentiment in any given state.
President Roosevelt held out vain and
misleading hopes to Japan when he in
tervcned in the japanese complaint
against the schools of San Francisco for
barring japanese from attendance
therein, when he undertook to settle the
case by Presidential decree. The trou-
bic was that President Roosevelt un-
dcrlooll TO substitute executive action
for law There is no law governing
the case There is no law stating how
the treaty with Japan, with China, or
with any other power shall bc specit-
cally enforced. But the duty of pro-
vding some means for such enforce
mcnt is so evident that ii is a wonder
1t has been neglected so long. Now,
however, we are face TO face with the
proposition, and Japan has brought us
To hat point. 1t is clear case either
hat we should enforce our treaties or
refrain from making them. Otherwise,
We stand accused in the company Of ma
tions of bad faith and Of an imbecility
that it is impossible TO explain. Clearly,
we have come 10 tho point when we
must either repudiate our treaties,
which is unthinkable, or provide def.
mite. specific. and lawful means for en-
forcing them.