The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1913-05-14
DIPLOMATIC STRUGGLE ABOUT TO
COMMENCE
MAY GO TO TIE courts
Japanese Embassy Handed Copy of
CaIifornia's Alien Bill-Ambassa-
dor Will Prepare Formal Protest
Other Alleged Violation Of Trea-
ties Being Discussed.

The Japanese embassy was sup
piled by the State department Mon
day with a copy of the alien land
owning bill passed by the California
Legislature and the ambassador will
employ the time between now and
Secretary Bryan's return to Washing
ton in preparing a formal protest
against measure. Apparently the
embassy has no hope that any word
President Wilson may send after Sec
retary Bryan returns will influence
Governor Johnson to withhold his
signature from the Act, so the only
object Of the protest will be to ac-
quaint the American people with the
japanese contention, and, if possible,
to influence the executive branch of
the Government to endeavor to nulli-
fy the action of the California Legis-
lature.
The embassy will make known the
ground of it's protest in a diplomatic
note to Secretary Bryan. 1t is well
understood that to settle the question
no matter what may be the point Of
objection, will require the action of
the United States Courts and much
consideration must be given to the
procedure to be followed in arrang-
ing for a judicial test of the Cali
fornia law. 1t will be for Secretary
Bryan to determine whether the Uni
ted States Government itself shall be-
come a party to a suit Of this kind,
in the capacity Of an interviewer. In
ternational lawyers hint that the Ad-
ministration is in an exceedingly del
icste position for the reason that,
while apparently a champion Of the
Japanese through the Secretary OF
State before the California Legisla-
ture, probably from this point on it
must defend the California law
against Japan in the diplomatic
struggle about to begin.
If the department should adopt the
California contention that the land
law does not violate the existing
treaty with Japan, then it might feel
bound to refuse to submit the issue
to arbitration by The Hague Tribu-
nal. Furthermore, it is contended
that the United States Government
probably would be unable to enforce
the decree of the Tribunal in case it
should be adverse to California, if
the American Courts found that the
State acted within it's rights in enact
ing the law. No case has yet been
found where the Supreme Court has
passed upon the relative force Of a
treaty which invades the reserved
constitutional powers Of sovereign
State and Of conflicting law Of such
State. So the State department has
nothing to guide it in tat direction
and probably must establish prece-
dent in disposing Of this issue.
It developed Monday that, as a re-
suit Of the centering Of attention up
on the California situation, number
of the diplomatic representatives in
Washington have been informally
discussing the comforting over alieg-
ed violations Of treaties by many
States Of the Union. Violations are
said to have occurred particularly in
connection with cases involving the
disposition Of the property Of aliens
who have died intestate in this coun-
try and in which local State Courts
have taken jurisdiction in defiance OF
treaties.
Altogether there are indications o.
a feeling Of unrest that may lead to
demands upon the National Govern
ment- which could not be- complied
with without a general rearrange-
ment Of the functions of the State
overnments, so far as they concern
aliens