New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-12
reached tonight predicted fiat failure
for the Presidents appeal.
Referendum Spells Delay.

reached tonight predicted fiat failure
for the Presidents appeal
Referendum Spells Delay.
The fact that the arbitration conven-
ton between the United States ana
Japan, under which Japan would seek
10 carry the acknowledgements dis
pute to The Hague for an interpreta-
ton of the treaty of 1911. expires by
Limitation on August "a is one OF the
impelling reasons for Ambassador
Chinda's desire to avoid the delay
which would result from invoking the
referendum. a course which necessarily
would prolong the controversy beyond
the. life of the arbitration convention.
1t is no violation Of confidence to say
that Ambassador Chinda places much
hope in an ultimate solution OF the
problem by The Hague, az he believes
the whole dispute revolves about the
construction of the treaty OF l9ll,
which guarantees to the Japanese peo-
pie certain rights and privileges IN the
United States which would be denied
in California il the Webb-Bloodgood
bill became a law. Therefore, he IS
anxious that diplomatic negotiations
shall terminate between himself ann
the Secretary of State before the arpi-
tration convention expires.
On the other hand, the President and
Secretary Bryan are placing great de-
pendence upon blocking the objection
able legislation through the referen-
dun, as powerful influences will be
brought to bear upon the citizens OF
California to delay any anti-Japanese
legislation until 1t is possible TO nego-
tiate a new treaty or settle the Jap
anese question by diplomacy.
Provision in 1908 Treaty.
The arbitration convention negoh-
ated by Secretary Root and Amoas-
sador Takahira in 1905 provides, Ar
ticle J.:
Differences which may arise of a legal
nature or relating TO the Interpretation oi
treaties existing between the two con,
tracing parties, and which II may not
have been possible TO settle by diplomacy
shall be referred 20 the permanent Goui
of Arbitration established at me Aaeue
by the convention OF July ~. lSS; pro.
yided' nevertheless, that they do not
AFFECT the vital interests, the indepenu-
ence or the honor Of the two contractiitE
states ard do not concern the interests oA
third parties.
The view taken by Ambassador
Chinda is that the California-Japanese
question is one clearly requiring an
Interpretation OF the treaty OF lSll'
because of the evident difference hf
opinion existing between the national
government and the state of Califor-
MIA as to the exact meaning OF GER
tain provisions and the defiance or me
California Legislature as a result OF
those differences. Whether there are
any differences Of opinion between
Ambassador Chinda and Secretary
Bryan as to the construction OF the
treaty in question has not yet been
fully disclosed. but 1t may be as
sumed that here are.
In any event, Il is apparent that
sooner or later the Department OF
State must take the stand either that
the Webb jloodgood bin violates the
treaty with japan or that the meas
ure is technically witt in the provisions
of the treaty.
If 1t is held b. the State Department
that the proposed law violates the
treaty 1t will be up to the national
government to prevent it's enforce
ment.
If the statute is held not TO violate
the treaty 1t will be necessary to prove
to Japan's satisfaction that there Is
no such violation.
Should tina. prove impossible an en-
phatic appeal for arbitration OF the
dispute It The Hague will follow.
Must Reckon with Populaee.
Ambassador Chinda has not looked
favorably on the suggestion Of President
Wilson and Secretary Bryan that the
California referendum law shall be in
voked az one of the means Of preventing
the measure from becoming law. he
argues that the referendum plan would OF
necessity cause delay, which would not
only serve further TO inflame his people,
but would also prolong the dispute be-
yond August "a. and thus make impos-
s,ble an appeal for arbitration. unless. OF
course, the treaty were renewed. which
might prove difficult under the circum-
stances.
The japanese Ambassador is also po'
litely but firmly averse TO litigation
which would extend beyond the life OF the
arbitration convention. His idea Is thai
the American courts are not peculiarly ex-
pedtious, and expedition is imperative II
view of the fact that there remain less
than four months in which to appeal &c
The Hague, under the existing convention
A study of the California referendum
law has disclosed the fact to the Jap
anese Ambassador that the voters OF tne
state could not force vote on the Weoo-
Bioodgood bill before the general cleo
,iop in the fall OF 1914, although pro-