The Birmingham age-herald., 1913-05-19


Washington, May 1S.-Tension over the
Japanese situation continues TO excite
anxious attention in official and dipiom-
attic quarters but there were no spe-
chc developments today at the White
House. the State department or the Jap
anese embassy. Niua of the thirty days
Governor johnson has. under The Califor-
MIA constitution TO sign the alien land
bill have now elapsed and the impression
is beginning to gain ground here that the
governor will avail himself of the full
measure of time, even though he has de-
clared his purpose to approve tile Webb
bill. Secretary Bryan has not commune
Gated with the governor since the receipt
of his telegraphic message setting out his
reasons for uphoding the action of the
legislature out is simply waiting for the
final act of signature before making re-
ply TO the Japanese note protesting
against the legislation.
Whether the japanese embassy will
continue to await the expiration of the
run thirty day period of grace before
making fresh representations on this sub
lect to the State department, depends
entirely upon thu ja6isn ent or th9 fere.gn
Office in Toxic, for from this point for
ward, all of the proceedings in the nego-
tiations Will be ''ad referendum"
No Technical Reason
1t has been suggested that although
there may be some preliminary exchanges
before the event the Japanese govern
ment can find no technical reason for
demanding relief before the commission
of some action, under the terms of the
Webb law, to the Grtriment of a Japan
ese subject In tha; case a further de-
lay is expected, as the act win not 20
into operation for, a period of 80 days att
er 1t receives the approval of the gov
ernor. 1t is generalty accepted that one
of the primary points of protest by Japan
is that the California law Is in contra-
Vention of the treaty of 1911, but exactly
wherein has not thus far been discussed.
Governor Johnson's last communication
to the federal aut horities analyzed the
treaty and the law Ia the end of show
ing that the latest enactment is in no
way contravention of the treaty. The
first and most fundamental issue, there
fore, appears to be over this question OF
whether the law Is, c. is not contrary to
the treaty.
While the Japanese viewpoint has not
been made known from any official source
it Is believed here that they consider the
first clause of the new law as the one
contravening the spirit, if not the Letter
of the treaty, This first clause allows
aliens eligible to citizenship" to hold
lands. AS the japanese are not, unde.'
the present naturalization laws. eligible
to citizenship, this clause specifically de-
bars them from land ownership
Aside from the issue on the technical
construction of the trea,y, it is believed
that the japanese ate chiefly concerned
in the general effect of the legislation
in placing them in the position of an
inferior race.
1t was pointed out here today that it is
against this they nave been contending.
One of their first steps was to termi-
nate the old extra-territorial sys-
tenn by which the United States and utn-
err foreign countries carried on courts
in Japan in order To TRY American citi-
zens on the theory that Japanese laws
were not sufficiently modern to secure
Justice for foreigners The extra-terri-
torial treaties were brought to an end
through the efforts Of Minister kurino at
Washington and this served as a start
in Terminating them with Great Britain,
J.
garded as "A distinct recognition that
Japanese law had advanced to mod
ern stage where there was no further
need for foreign co.rts and terminal
ing a system which Japan regarded as
placing on her reflection of racial ir-
feriority The present attitude in desir-
ing equality in the matter of land owner
ship is regarded in official circles as
somewhat similar 10 this previous move
n,ent of Japan to terminate what they
consider a badge of inferiorty on their
race.
Meetings Brief
Some of the diplomatic observers ex-
prc&s surprise that larger advantage has
not been taken of those informal amen
tiles which frequently have a powerful
influence in supplementing formal cx-
change. Thus far ths meetings have been
rather brief and confined strictly to bpsi-
ness in hand. This mas afforded little
or no opportunity for informal exchanges
OF courtesies, and expressions OF mutual
good will 1t has frequently occurred
in the past during delicate diplomatic ne
gotiations notably OF the time of the
Rritish-American fisheries controversy
that the informal and social side of the
exchanges contributed as much or more
than the formal exchanges toward brirs-
ing about a satisfactory solution.
In diplomatic quarters the rank of Wis
count Chinda an ambassador gives hin.
an exceptional status. AS such he Is th.
renresentative of his sovereign and the
usage gives to an ambassador the priv
ileee of carrying on his. business with
the head of the natior, instead Of through
Idepartmental channe- The ambassador
apparently has not sought to be technical
as 10 the privileges of his rank and mos.
o fhis dealings have feen with the Sra.e