Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-05-06
State Department Takes Fusl
Step of Formally Apprising
Foreign Embassy of Action
of California Legislature
GOVERNMENT IS PLACED
IN PECULIAR POSITION
Il Statute Is Tested as TO Con-
stitutionaIIiy at Hague, Unit
ed States Is Honor Bound
to Defend IT,

ny Morning Journal special leased Wirel
Washngtun May s The Japanese
embassy was supplied hy the state de
partmcnt toda, with q COPY of tho
alien land owning hlll passed hv the
california legislature aud the ambas
sador viii employ he time hetwern
now and Secretary Bwans return a.
Washington la preparing formal
protest against the measure Appar-
entity the embassy has no hope that
anv word President Wilson may send
after Secretary Bryan returns viii In
fluenco Governor johnson 60 With
hold his signature from the uet, 20 the
only object of the protest will be a.
aopunint the American people with
the Japanese contention and. if posal-
bile. to Influence the executive branch
~ the government 10 endeavor To- nul-
lily the action of the California loRls'
hture
The embass, Will make known the
ground of lts protest In a diplomatic
note to Secretary BRYAN. Il is well
understood that to settle the question
mo- matter what may he the point a.
objection viii require the action of
tho United States courts and much
consideration must he given 20 thf
procedure to bee followed Ia Arranging
for judicial test of the California
law II viii be for Secretary Bryan
to determine whether the United
States government itself shall become
party 10 q suit of this character tn
tcrnatienal lawyers hint TINT tho adj
miulstrutlon IS in an exceedingly deli
cate position for the reason that, white
apparently Il champion Of the Japan
ese cause through the see rotary Of
state. before the california lcgsla-
turc. probably from this point on II
must defend the california law against
1apan ia the diplomatic struggle
about to begin
II the department should adopt the
California contention that the land
law does not violate the existing
treaty with Japan. then It might feel
bound 10 refuse 10 submit the issue
to arbitration by The Hague tribunal
Furthermore. 1t is eontended that the
United Stntcs government probably
would be unable to enforce the decree
of the tribunal in case 1t should be
adverse to California II the American
courts found that the state acted with
in It's rights in ennetng the law. NJ
case has yet been found whore the
supreme court has passed upon the
relative force of treaty which In
vados the reserved constitutional pow
ers of sovereign state and of con
flletlne Inv Of such state. So the
state department has nothing 20 guide
II IN that direction and probably must
establish precedent In disposing ef
this issue.
II developed today that as a result
0f The crnterlne OF attention upon the
California situation. number Of the
diplomatic representatives in Wash
lngton have been informally discuss
ing aud comforting over alleged vlo
lations of treaties by many states Of
the union Violations are said to have
occurred particularly Ia connection
with tha case involving the disposition
Of property u aliens who have died
interstate n this country and IN which
local state courts have taken iurisdie-
ton In deflance OF treaties
Altogether there are Indications Of
a feeling Of unrest that may lead 70
demands upon the national govern
ment which could not be complied
with without general rearrangensrnt
Of the functions OF the untiona aud
state uoVprnmentg sn fur nn thyV con.
sorn lieus.