New-York tribune., 1913-08-29
Insists in Fourth Note That
California Controversy BE
Settled by Diplomacy.
BRYAN TAKES FIRM STAND
Rejects Contention That Treaty
Rights Have Been Violated
by Coast State Passing
Anti. Alien Law.

Washington. Aug 28.-Japan is un"il'lns
N leave the fate Of the negotiations over
tho california anti-alien land ownership
law 70 q judicial decision and in the
! fourth noted submitted TO the Secretary oi
State, by Ambassador Chinda on luesud'
| Il IL made clear that the Foreign Oilice
at Toxic insists on diplomatic soiutioi'
| of the problem
While the Japanese government mas
suggested from the outset OF the negou"
tions that the national government ldAe
iudiciaI steps to prevent the enforcement
! of the Webb Bloodgood act. yet tne sus
gestion has not been regarded pE japan
as means of settling the conToNers!'
the contention in the latest note oe'ls
that the United States should attempt 10
m.et the argument that the comineE0'd'
treaty OF 1911 has been violated
! Secretary Bryan has politely but nriH'
lv stated that the Administration VIII not
! take the initiative in filing suit TO test
,be validity or constitutlonality OF the
antI-alien land law and has even ih'l,
mated that the Department OF Justice WI"
lend no assistance. In the event 'hd' INV
Japanese in California tegin action IN the
courts as individuals II is agreed tn"'
the Japanese government has no redress
/ I'm the courts and for this reason 'n'
| foreign office insists that diplomac! anu
tho courts should he divorced In the III
terrational consideration OF the contro'
/ versy.
! The principal reason assignee oE oe''e
tary Bryan for the Administrator '
! fusaI 10 take action TO test the Id" 70
! that I'm the opinion OF the President aho
himself the commercial treaty has ho'
been contravened and that otherwise III,
act IS constitutional. Representations VI
the japanese government including c'd
t,ons Of decisions in similar cases ana
opinions OF authorities on international
law. have failed TO sway President VII
son and Secretary Bryan, and in the notes
! submitted to Amba ssador Chlnda theS
argued that the legislation was "avowed'
Is within the treaty rights OF Japan.
Tho foreign office at Toxic does not nave
confidence in the American courts ana j
not satisfied with the suggestion OF sec
rotary Bryan that the injured japanese
I'm California have ample judicial redress
II is the opinion OF the Foreign once
as conveyed TO Secretary Bryan by Am
bassador Chirda. that there should ne
definite understanding regarding the value
! OF A treaty and the extent TO "hich the
United States government can guarantee
rights 70 another nation.
This suggestion is developed dehcateiy
nut the meaning is clear. japan is unable
TO see the consistency Of the state
! Rights" doctrine. as laid down by See
retary Bryan and is also not little
milt,d by the fact that the United states
Z orr;ite mas not approved the agreement
! extending the arbitration convention
/ when expired this month
/ Negotiations Tor new arbitration con
yentiOn viii probably result from the tall-
| ure OF the Senate 10 approve the agree
/ ment now pending. as the foreign once be-
/ lieves that because the convention ITSELF
lis dead "A simple agreement ot renewal
, will not suftice Secretary Bry an has mol
yet taken mp with President Nilsson the
! latest japanese note and the question oil
negotiating a new arbitration convention.