New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-19
JAPAN WON'T LISTEN TO |
NEW TREATY SUGGESTION
Administration Near End OF
Diplomatic ReSourCeS-Legal
Arguments Without Avail. !
CHINDA SEES PRESIDENT
Mikado's Government Satisfied
to Contest the Issue on Ex-
listing Basis-"Tokio
Not Impatient"
rFrom The Tribune Bureau. ]

From The Tribune Bureau
Washington, Sept. 1s.-Interest in the
Japanese-Caifornia situation was awak-
ened and the Secretary OF States dila-
tory methods were emphasized by con-
ference between the President and the
japanese Ambassador. Baron Chinda. at
the White House this afternoon. although
administration officials assert that the
Foreign Office at Toxic is not impatient
over the delay of Secretary Bryan in
carrying forward the negotiations. and
the ambassador politely informed the
Chief Executive that the japanese are
patient people"
Japan still insists that the Webb-BIood-
good act violates the commercial treaty.
OF 1911 and is unconstitutional, while
President Wilson and Secretary Bryant
argue to the contrary. This is the situa-
ton which has prevailed for severaL
months without the slightest indication OF
either side wavering.
II developed to-day that the admins
tration is anxious 10 wipe the slate cleani
| and negotiate new commercial treaty.
which will make positive the points now
! involved in the controversy, but this pro-
posal is unwelcome to the Foreign Office
| This suggestion is taken 10 mean, how
ever. that the administration has about
exhausted its diplomatic resources andl
has submitted sll its legal arguments
without avail. !.
Present Basis Satisfies Japan.
Those officials who realize the delicacy
| inseparable from the negotiations pre-
liminary to treaty with Japan and who
recall the difficulties and anxiety attend
ing the negotiations Of the existing COM
mercial treaty by the last adminstrs-
ton express considerable surprise that
any suggestion for a termination OF that
convention should come from the United
States. In view of subsequent events and
the possibilities of technical advantages
in the present treaty, taken in connec-
ton with the California situation and its
alleged discrimination, Japan is satisfied
70 contest the issue on the existing basis.
The proposition TO terminate the pres
ent negotiations is not contained specia-
cally in any Of the notes presented to the
Japanese Ambassador by Secretary
Bryan. but there have been informal
hints that such a course should be taken
10 preserve the friendly relations between
the two nations. There is reason TO be-
lieve that certain marked divergences be-
tween Secretary Bryans position, as ex-
1
of the administration. as conveyed in Mr..
| Bryan's written communications. have led
the japanese Ambassador to seek further
| light and pSssbly even some categorical
expressions from the head OF the admin
istration. who, II is hoped. will prove less
subtle in his differentiation between MS
spoken and written words
Situation Has Two Phases.
II is recognized by the well informed
that there are two distinct and separate
phases of the situation, one diplomatic
and the other judicial The diplomatic
angle is that Japan contends that the
commercial treaty is violated by the anti
alien land ownership legislation. and the
judicial turn is given by the claim that
the law is unconstitutional The Foreign
Office az Toxic. however. is primarily III
! terested in the diplomatic issue and woulu
not be content even with court decision
indicating Japans contention. as II -
stubbornly urged that the anti-alien land 1
/ act implies discrimination which is IN
vidious.
Action in the courts will be taken by
japanese as individuals as soon as It Is
| POSSIBLE 70 base a suit on concrete case. |
| The courts are unable 70 decide moot 4
question" as to the constitutionallty or
an act. but when a japanese owning lana
dies and the State OF California attempts
70 enforce the provisions Of the WEBB /
Bloodgood law a test suit VIII be instI- !
tutad Whether the national government
will offer the services Of a Department OF
Justice representative is doubtful. as such /
action would be manifestly inconsistent 4
with the states rights ideas OF President
Wilson and Secretary Bryan and contrary
20 their contention that the law is con- !
stitutional
The situation now is that Japan VIII De I
| satisfied only with an acknowledgment
! by the United States government that the
/ California law violates the treaty OF 1911
! and is unconstitutional. This is Japans
stand. and it has been made perfectly
clear 70 officials Of the administration.
| President Wilson expresses the hope
that "a middle ground" may be found on
which TO adjust the controversy, but
the Japanese are incapable OF conjectur-
| ing where this middle ground can be
found.
After his, conference with President
Wilson Ambassador Chinda said there
were no developments. He said he did
not know when the American reply would
be made to the last japanese note. lie
added that he had desired for some time
to talk over the question with President
Wilson. but various things had prevented
The ambassador declined TO discuss the
details OF his conference.