New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-13
Should Personal Exchanges Fail
Toxic Will Take Aggressive
Attitude Against Anti
Alien Land Law.
NO FORMAL PROTEST YET
Treaty of 1911 May Be At
tackled as Infringing on Con-
stitutional Rights of State
Irritation in Island
Empire Growing.

Empire Growing
Washington. April 19.-President
Wilson has had one conference so far
with viscount Chinda, and probably
will have others in the near future, in
view Of the Japanese Amba ssador's
latest instructions regarding the Cali
fornia legislation TO forbid aliens hold
ing land 1t may be stated on the
highest authority that at no stage OF
the personal exchanges that have been
in progress has there been anything in
the nature of protest" from the Jap
anese government with regard to the
anti-al measure.
The latest instructions TO the AM
bassador from Toxic look only to the
continuance by the embassy of the
course t has pursued from the begin
ming. of relying upon moral suasioh
and a dignified presentation OF the I'M
fortunate impression produced in Japan
nv this unexpected recudescence OF
anti-Japanese feeling on the Pacific
Coast.
So far as can be gathered, the ad-
mjnistration has listened with sympa-
thetic interest to these personal repre-
sensations. and while without legal au-
thority at this moment TO interfere
with legislation in California, II mas
NOT hesitated to bring personal inhu-
ence 70 bear TO bring about the modl-
fcation of such features OF the pro-
posed legislation as threaten TO ieao 10
unjust discrimination against Japanese
Not to Stop There.
While this is the present aspect VI
the exchanges that have been gong on
between the two governments In an uh-
official manner in the background Is
tho nractical certainty that if this sort
If moral suasion fails in its purpose
and legislation which the japanese
Government. regards as purely violative
of Japanese rights is enacted at Sacra-
mcnto. the negotiations will take a
more formal course.
This would involve an analysis of the
exact meaning of Article l of the
Treaty of 1911, under which the Jap
anese have owned and leased land and
houses in California. radical differ-
ence on this point might be expected
To lead to a formal protest from japan
which. in turn. if not regarded, I'M
doubtedly would result in the denuncia-
zion of the whole treaty of trade and
commerce.
\ chance remark dropped from high
quarters makes it evident that the
treaty is perhaps in danger from attack
in another direction. 1t is known that
some consideration already has been
given 10 suggestion emanating from
the Pacific Coast that treaty. Ike
any statute, is subject TO the test Of
constitutionality by the Supreme Court.
Consequently, If the existing treaty
of 1911, comforting the right of free
hold and lease upon japanese in Amer
lea, is in conflict with a law already
enacted by the State Of California or
hereafter enacted. in pursuance of the
legitimate exercise of a states power,
then, instead of being the supreme law
of the land the treaty itself must give
way to a state law, so far as Califor-
MIA is concerned. on the theory that the
treaty makers have infringed the con-
stitutional rights of the state
May Amend Naturalization Law.
Questions like this and that touching
the right of the Japanese to naturaliza-
ton in America under existing law are
reserved for consideration, however. in
case the efforts now being made to effect
satisfactory legislation in California
should fail AS a last resort and to re-
move the humiliation from which, from
their present legal status. the Japanese
now suffer, ii is possible that an appeal
may be made to the national government
TO amend the naturalization law, which,
if successful. would completely remove
the basis Of the Japanese plan, even
though Japanese subjects were still
precluded from owning lands in Cali
fornia.
Secretary Bryan of the State Depart
ment was non commttal to-day when
told Of news dispatches which set forth
that the Japanese government had in