New-York tribune., 1913-06-28
STATES RIGHTS HINDER .
j. S. ANSWER TO JAPAN
Department of State Finds 1t
Difficult to Draft a Salts
factory RejOinder.
FINE LEGAL POINTS RAISED
Administration Trying to Avoid
Offence and Not Convey the
Idea That States Can
Override Treaties.
TFrom Tho Trfbune Bureau.I


Washington, June 27.-Much difficulty is
beinS experienced By the Department Of
State in drafting a satisfactory response
TO Japans rejoinder in the California
Japanese negotiations. and further delay
is In prospect somewhat TO the annoy
ance OF the Foreign Office at Toxic. 1t
was expected that the note would b.
reldy for submission to Ambassador
Chinda this afternoon or tomorrow. but
the President and the Secretary Of State
have not reached an agreement as 10 its
text
The principal difficulty is that President
Wilson and Secretary Bryan are unable
to reconcile the legal arguments OF John
Bassett Moore. counsellor OF the State
Department. with their own ideas about
states rights and their contention that
tn. treaty of 1911 is not violated by the
California alien land ownership act. They
aye compelled 10 present the delicate ar
gLmort that California has the right 10
enact any legislation desired and in the
same breath assert that the Webb Blood
EoOd biz ls not in contraventiOn Of the
commercial treaty
Mr. MOores brief meeting the legal
technicallties raised by the Japanese re-
Joinder did not entirely harmonize with
the administration views OF the state 5
rights theory, IL Is understood. and this
caused somewhat extensive revision OF
the note on the advice Of members OF the
Cabinet. Mr. Moore mas held several con-
ferences with Secretary Bryan, and to-
day Mr. Bryan again took a tentative re-
ply 20 President Wilson. conferrinS with
him before the Cabinet meeting, with the
expectation that II would be submitted 70
the Cabinet The President vas not yet
satisfied with the text and II went back 70
M. Department Of state for still further
revision.
Trouble Is found in trying 10 inject the
states rights principle into the response
IN a way that Will neither prove Onen-
sive nor leave the impression with for
eign nations that treaties of the United
states are futile because Of the ever
present right OF state legislature In et-
feet To nulnfy any or all Of their pro-
visions
Another reason for the delay is the fact
that Japan has raised several fine legal
points. urging that the commercial treaty
has been violated not only in spirit. but
In fact Japan insists that the japanese
should not he compelled to seek redress
I'm the courts I'm view Of the rights as
sured 10 them b. the treaty. and there Is
a clearly defined issue on this point, as
Secretary Bryan believes that judicial ac-
ton could best adjust certain grievances
because ~ the right ~ California 10 pass
such laws as may be deemed necessary
20 protect her citizens.
The exclusion OF a band Of Corean fruit
pickers from the vicinity ~ Hemet, Cal,
is regarded as disturbing incident IN
the California Japanese negotiations. and
Secretary Bryan has directed that thor
ough investigation be made. II is eN-
pected that Ambassador Ch!nda viii make
representations on the subject as soon
as ne receives a report from the japanese
Consul AT San Francisco. and then the
state Department will probably com
municate with Governor Johnson and urge
that ne protect aliens and see that they
receive all the rights granted by tho
treaty and permitted by the state statutes