New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-19
Secretary Argued That Any
Award at The Hague Was In
effective Unless Confirmed
by u. S. Courts.
ISSUE AT CRITICAL STAGE
Difference of Opinion Only Ac-
centuated-Tokio Also In
formed That Government
Cannot Force a State to
Abide by a Treaty.
lFron III, Tribune Bureau 7

'ctdTN bI yam ltpiN ~ IH' Jap"i''S'
-ejoinder.
The first is. in effect. that an arbi
ration treaty with the United states IS
rope Of straw. The second is that,
because Of the state rights" principle.
10 treaty between the United states
and a foreign power has any binding
Effect II a sovereign state sees TT TO
violate its provisions.
From these fundamental propositions
Mr.. Bryan argues that arbitration Of
the differences between the United
States and Japan as to the construc-
ton Of the existing treaty would be
futile because an arbitral award favor
able To the contentious of Japan would
be wholly without force or effect un-
less Japan could secure a judicial de-
.ision from the courts of the United
States supporting it. Further the Sec
retary holds that If the contention Of
Japan that California has violated the
existing treaty be tenable the only
practical solution Of the difficulty is the
negotiation Of new treaty which will
relieve the United States Of response
tiity for the acts Of any Of its SOW
ereign states.
Only Invites Contention.
Instead Of bringing near an amicable
settlement Of the Japanese-California
difficulties, as was intimated yesterday
by a high official Of the administration
the reply Of the Secretary Of state has
served no purpose other than to accen-
tuate the far-reaching difference OF
opinion between this government and
japan, and merely paves the way Tor
an emphatic protest from the japanese
Foreign once against the stand taken
by the administration.
II would, Of course, he rash TO dt-
tempt TO predict the outcome OF the
negotiations, but it is at least certain
that unless they take a markedly dit-
ferent course than they have done 1t
will be the purpose Of japanese 10
make evident 20 the civilized world
that. as construed by the present ad-
ministrauon. no treaty with the United
States has binding force whenever any
one Of the forty eight states may choose
TO violate IT, and, secondly, that arOi-
tration treaties with this country are
vain and inconsequential documents
valuable solely for sentimental reasons
and utterly undep, adable whenever in
yoked in the face Of a genuine differ
ence Of opinion regarding the pro-
visions Of a treaty duly approved py
the Senate and ratified by the President
Of the United States.
The California japanese negotiations
have reached a most critical stage az i
result Of this governments attitude on
the question Of whether the commercial
treaty Of 1911 has been violated and
the insstonce that Japan's only redress
must come from the courts Of the
United states.
The Secretary Of state points out 20
Japan that arbitration at The Hague.
convention which expires on August y
next, would necessarily involve judicial
action, as the arbitral award would
not. be binding on California, and that
even should the award be favOra bic TO
Japan the federal government could
not force California to annul the la"
because Of the state rights" principle.
Difference Radical.
From the outset Of the negotiations
Japan has looked forward 10 arbitra-
ton as the most likely and effective
means Of solving the problem, as there
mas existed clearly defined issue as 20
whether or not the Webb BloodgOod
inti-alien land ownership bill violated
he existing treaty. Now the Foreign
Jfiice at Toxic is informed that an ar
)itral award would have no effect On
he situation. There can be no ques-
ion but that this representation will
seriously complicate the situation, as
Japan has insisted all along that she
should not be compelled 10 take ju-
iicial action 10 insure rights she be-
ieves TO be guaranteed to her and her
itizens by treaty.
The state rights" views Of President
Wilson and Secretary Bryan are, Of
curse, responsible for the extraordi-
nary attitude taken toward arbitra-
ion-views maintained despite the fact
nat Mr. Bryan has negotiated renew
lis Of arbitration conventions with
several nations. which renewals are
COW held up by the Senate.
In presenting the argument to Japan
mat Judicial action would ultimately
he necessary 10 enforce tnc terms of an
award by The Hague-althoUgh not the
remotest suggestion is made that the
national government would attempt to
dispute Cslifornias right 10 enact leg
.slation-the purpose was 10 emphasize
ne eHpediency. in the administrations
opinion, Of resorting 10 the courts now.
instead OF prolonging the controversy
by asking that the issue be submitted
to arbitration.
without attempting to meet the con-
Continued on third page, seventh column.