New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-01
From The Tribune Bureau

Washington. April 3o.-While not hope
less of favorable outcome of the anti
japanese situation in California, the
White House is much depressed over the
developments of the last forty-eight
hours, particularly the apparent indiher-
ence of the California Democratic and
Progressive leaders to the appeal of the
President and the Secretary Of State.
The President is perplesed by Secre-
tary Bryan's report OF apparent failure to
sway the Legislature from enacting dis
criminatory legislation against the Jap
anese. He has asked for transcript OF
the stenographic notes of Mr.. Bryan S
conferences with the state leaders. and a
voluminous report was put on the wires
for his information. The President has
been studying the reports carefully to-
night. but no official comment is forth
coming.
The Acting Secretary Of State. John
Bassett Moore. who is an eminent au-
thority on international law, has given
President Wilson a complete substantial
ton of the Presidents view that a treaty
is paramount to statute. or even a state
NOlSNilubiOlis Uul 10 AtSo III may
that the pending legislation in the Cali
fornia Legislature involves clear viola
ton OF the existing treaty with Japan.
Mr.. Moore has also suggested the ad-
visibility of exercising the utmost eau
ton about any promise to negotiate new
treaty with Japan. and with the approval
of the President is informing himself re-
Sarding the difficulties encountered in the
negotiating of the existing treaty.
While still hoping for a favorable out
come. President Wilson is sorely disap-
pointed over Mr. Bryan's apparent ina
bility to induce the Californians 10 defer
all legislation pending investigation by a
commissioner proposal which was de-
signed to postpone any possible friction
at least for two years. He is thoroughly
alive TO the delicacy Of the situation and
TO the consequent inexpediency of saying
anything for publication. and has ell
Joined silence on the part of Ill his sub
ordinates.
Decides to Name Guthrie.
Urged by commercial interests and
Americans in Toxic 10 make an early ap-
pointment of an ambassador to Japan
and believing that in the present crisis
there should be in the Japanese capital a
representative of this government with
ambassadorial powers, the President has
decided to name George w. Guthrie. for
mer Mayor of Pittsburgh, for the post.
The usual inquiries as to the acceptahility
OF Mr.. Guthrie 10 the japanese govern
ment have been made. and a reply Is
being anxiously awaited. The nomination
will be flushed as soon as word is re-
ceived from Toxic.
Professor Moore, in his capacity as
counsellor of the Department Of State.
although he is now Acting Secretary of
state, has furnished President Wilson
with a number of legal opinions and has
given him large number Of citations Of
presidents gcrmane TO the situation pre-
vailing in California. The leading opinion
Of the United States Supreme Court,
which he believes clinches his argument
that treaty stipulatons supersede all
state enactments. is found In Ilauensteir
agt I.ynham. 100 L. $, 4S3-4SS. uphoiding
the constitutionality Of the stipulations OF
the treaty between the United states and
Switzerland of 1856 This opinion. which