The Birmingham age-herald., 1911-02-24
FAIL ID RATIFY
 JAPANESE TREATY Senator Hale Is Reported
 Converted FEARS GROUNDLESS Disapproyal of Pacific Coast States Was Unfounded and Outlook
 For Treaty Is Much
 More Favorable

Washington, February 23.-The Senate although in executive session for two hours, late today again failed to ratify
 the treaty with Japan, sent to that body on Tuesday by the President. But Il appears to be in somewhat improved posture. Senator Hale, who was its most bitter critic yesterday, is said to have exhibited no opposition to it at the ses- sion today. Several far western senators however, asked for time to study the matter and especially to ascertain the sentiments of their constituents after
 they had had time to understand the nature of the treaty.
 Secretary of State Knox had a long conference with Senator Hale, and it is
 said succeeded in convincing the Maine senator that his objections to the treaty on the tariff side were not well founded The immigration question Is said to have been the question most discussed In the executive session this afternoon. That the practical effect of the treaty In that respect is not what people of the Pa cifc coast have evidently summed 1t up to be and that their fears are ground less, was the essence of a telegram sent today by President Taft to Governor Johnson of California.
 The President assured Governor John son that the treaty and the accompany ing documents are exactly as they were explained to the governor by himself and the Secretary of State and that there is no danger of any relaxation of the recent restriction upon the immigration of Japanese laborers. He asks the gov ernor to explain the truth of the mat ter to the California legislature.
 While the treaty is pending in the Senate neither the state department mo-. senators feel free to discuss it, the the ory being that 1t Is in a highly confi- dential attitude. Senators were more than ordinarily reticent tonight about what happened in the executive session. The state department also withheld offi- cial comment upon the situation, but, nevertheless, the position of the depart ment especially relative to the tariff side of the question was stated with suffi- cient authority
 Attention was drawn today to the fact that this nations present tariff arrange ment with Japan in the treaty of 1894 consists of the usual favored nation" provisions which give the United States the benefit of the unilaterial tariff con- ventions made by Japan with Great Britain, France, Germany and Austria Hungary. This country has no such con- ventional tariff with Japan and conse- quently upon the articles which are not covered by the conventional tariffs of these other countries Japans statuatory tariff is applied to imports from the United States. As a result of this ar- engagement a considerable number of the principal imports from America, such as machinery, flour. and tobacco, which are not covered by the conventional tar- ifs of other countries have been sub- ject during the last F years to a fiuctuat- ing and gradually increasing statutory tariff rate.
 It was explained that Japan's chief aim In the present revision of her treaties is to secure full tariff autonomy, unre- strcted by any unilaterial conventional rates all of which will be terminated together with the termination of the treaties of the other powers July F next It is stated to be Japan's intention that thereafter her tariff rates shall be de- cided as regards all countries alike. by her own national legislation except in certain special cases in which that na- tion may arrange special new conventions on the subject
 It is declared on behalf of the state department that the new treaty be- tween the United States and Japan has been based on the recognition of this right of Japan to regulate her own tariff rates and it is not probable that Japan will care to make a special tariff arrangement with this country even if
 it were possible for the United States to enter into such arrangement-for the reason that nearly 80 per cent of the imports from Japan are already upon our free list.
 It is the United States that benefits by the treaty. it would appear. From this point of view this was said today
 Any reason for special agreement of any kind would thereafter naturally lie on the side of the United States, and that reason would be in order to insure an opportunity to the United States of obtaining as favorable rates in prac- tice as might be granted to any other country, because even with the most favored nation clause, difference must be recognized between tariff rates which are the same as those with other countries, and those which are actually equivalent
 The position of the state department | is thus described:
 By reserving the right to enter upon the negotiations of a special tariff ar rangement the United States practically | let it be known that we may not al ways be satisfied with merely technical | favored nation treatment, but that we might reasonably expect more equita- ! Dle incidence or lle ililpOlI tdA opoii our own commodities. It is question whether either such actually unfavor- able treatment of our imports in point | of tariff rates would constitute discrim- ination within the meaning of our
 tariff law and therefore make 1t pos
 sible for the President to apply our | maximum tariff.
 Sacramento, February 23.-Further assurance that the interests of Cal ifornia are not jeopardized by the new
 Japanese treaty were received by the l legislature today in a telegram from | United States Senator George c. Per kins The text is as follows;
 'The proposed Japanese treaty con tains practically the same provisions as the present one, the difference pe- ling in our favor-that 1t may be can lcelled upon six months notice. The Secretary of State informs us that the
 Japanese ambassador gives every as isurance that there will be no immigra
 tion of laborers into the United states
 as they cannot leave without Japanese
 passports, lacking which under oul
 laws they may be deported.'