New-York tribune., 1911-02-22
President Sends Convention to
Senate with Restrictions on
immigration Eliminated.
A SURPRISE TO CONGRESS
Supersedes Present Treaty OF
Trade and Commensurate
Department Considers La
Dor Question Closed.
fFrom The Tribune Eureau.l

|
with Japan to replace that which will
presumably be denounced by that coun-
| try next July, although under It's terms
| 1t will run one year after such Genun-
citation. The new convention Is the one
| described in these dispatches 10 The
| Tribune Of December 90. and. as was
| intimated at that time, IL omits the pro-
vision in the existing treaty which re-
serves to each country tho right to enact
any laws which may be deemed wise
| restricting the immigration Of laborers
| from the other country.
The contention OF the Department Of
State Is that the immigration OF Japan
| ese labor has ceased to be question by
virtue Of the course Of Japan in impos-
ing such restrictions on the emigration
Of her own laborers to the United States
as 10 obviate the necessity OF legislation
| looking to that end by this country. As
| an additional safeguard, however. the
new treaty contains a provision en-
powering either signatory thereto to de-
nounce it on six months notice. which
notice may be given AT any time
In other respects the treaty follows
| the general lines Of the existing conven-
| tion, and includes the customary pro-
visions regarding commerce, navigation.
consular representation. etc.
| 1t is the earnest desire of the Depart
ment Of State that this convention shall
be ratified at this session. and It Is pos
sible that on further examination ths
opposition aroused by what appears to
be concession to Japan will be dis
| sipated.
| The convention did not reach the
| Senate until late this afternoon, and was
not read in the short executive session
which followed, but was referred imme-
| diately to the Committee on Foreign
Relations. Because OF the short time
| remaining before the expiration of this
| session, and also because OF the reluct-
ance of Senator'S. especially those from
| the Pacific Coast, to yield In the slightest
degree any provision which they regard
as a safeguard against the immigration
o. Japanese labor, prospects for i'm
mediate ratification are not encouraging.
Replaces Treaty Of 1894.
This new treaty is one of trade and
commerce" intended TO replace tho
treaty of 1894, negotiated by Secretary
Gresham, and Baron Kurino. then
Japanese Minister TO the United States.
That treaty is a most comprehensive
document comprising twenty articles.
dealing with trade, commerce and navi-
CATION, rights Of dwelling, import and
export duties, tonnage dues, port regu-
lations, desertlons. shipping rights, con-
sular functions, and other subjects. IT
has already become antiquated. mainly
because Of the rapid advance of the
Japanese in ways Of civilization.
1t was drawn simultaneously with a
number of other japanese treaties Of
similar scope negotiated with all the
great powers. But unlike the others this
particular treaty was not promptly rati-
fed and did not go into effect until about
a wear after the others were in force.
.Japan has already negotiated treaties
10 replace those of the 90s with nearly
all the other powers except the United
| states. If this government were to in
| sist upon it's rights the existing treaty
could be continued in force until July
| II. 1912.
This little incident-the difference Of a
year in the expiration of the old treaties
lis proving embarrassing to the Japan
csc in developing fiscal policy. AS all
the new treaties contained the favored
nation clause the japanese government
would be obliged to concede to other ma
tions than the United States all or the
privileges which America now enjoys
under the treaty OF 1891. The practical
result would be to delay for full year.
- America refused to enter upon new
treaty. relation at once, the readjustment
of tariff rates and other forms or taxa
,ion vital 10 the sound financing of the
Japanese Empire.
! Hence the japanese government mas
been using every effort TO induce the
state Department TO follow the example
of the great European nations and con-
sent to Immediate revision OF the treaty.
The department has delayed doing SO,
principally for the reason that 1t de-
sired to await the conclusion OF all the
treaties which Japan is making with the
other powers in order TO make certain OF
securing for America any advantages ex-
tended to other peoples.
Difference Between Ts.o Treaties
The radical difference between this
new treaty and the one now In force,
and the one which may prove obnoxious
~ the Western Senator'S. is understood
10 be the omission OF any reference to
the immigration question.
In Article ii of the treaty Of 1894 fol-
lowing provisions declaring the right OF
the citizens OF the two countries to fun
liberty of travel and residence and trade
IN both countries, is this qualification:
II Is. however. understood that the
stipulations contained I'm this ard the
! preceding article do not I'm any way
affect tho laws. ordinances and regula-
tions with regard TO trade. the immigra-
:ion Of laborers. police and public Sc
curitv which are in force or which may
hereafter be enacted in either Of the two
countries
Under this clause the two governments
have enjoyed the undeniable right to leg
islate regarding immic alton. either by
restriction or H. total exclusion of coolie
labor. Unquestionably the United States
government could do this without any
treaty. stimulation on the suhiect iust /, a.