Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-06
Embassy Hopes to Make Clear
That California Act Is
Violation of Treaty.
STATE Department IN
EMBARRASSING POSITION
May Now Be Called Upon to Defend
Legislation It Sought
to Avert.

With view to presenting Japans con-
tention that the California alien land
holders act is a violation Of her treaty
rights. in such form that it may consti-
tute the basis of action in the courts, the
Japanese embassy will proceed with de-
liberation to prepare its brief.
The embassy will devote every moment
of the time available before the return
of Secretary of State Bryan to Washing
ton to the preparation of a formal pro-
test. The State Department has provided
the embassy with copy of the Califor-
mia act as finally passed by the state leg
isla ture.
That Gov. Johnson can be induced by
President Wilson TO withhold his sig
nature from the act is apparently be-
yond the expectation of the Japanese
embassy.
The Japanese consider they have
basis for the charge that the treaty
has been violated by this legislation
The embassy is not now prepared to
indicate at what point. leaving that to
be prepared for Secretary Bryans Pc
rusal.
Action of Courts Necessary.
1t is well understood that TO solve this
doubt. no matter what may be the point
Of objection, will require the action of
the United States courts. Much cOnsid-
GRAFTON must be given to the procedure
to be followed in arranging for a judi
cial test of the California law.
It will be for Secretary Bryan to de-
termine whether the United States gov
eminent itself shall become a party to a
suit of this character. In the capacity OF
an interviewer. International lawyers
Ii 49, Sr.A~~ to- to- l.,
ceedingly delicate position. While ap-
parently champion of the Japanese
cause through the Secretary Of State, in
the fight with the California legts ature,
probably from this point on 1t must de-
fend the California law against Japan In
the diplomatic struggle about to begin.
II the State Department should adopt
the California contention that the land
law does not violate the existing treaty
with Japan. then it might feel bound to
Issue to the arbitration Of The Hague
tribunal. Under the arbitration treaty
of 1908 only questions Involving the con-
struction of a treaty are proper sub
jects for such reference.
Difficult to Enforce Decree.
A further objection to the proposal to
submit the dispute to The Hague has
been found in the probable inability of
the United States government to enforce
the decree of the tribunal in case 1t
should be adverse to the Californians, as
Stunning that the American courts have
found that California has acted within
its rights in making the alien land law.
1t so happens no case has yet been
found where the Supreme Court has passed
upon the relative force Of treaty which
invades the reserved constitutional pow
ers Of sovereign state and of a con-
flicting law of such state. So the State
Department has nothing to guide 1t in
that direction and probably must establish
a precedent in disposing of this issue.
The question broadened far beyond the
original Japanese protest 1t has de-
veloped that, as result of the centering
Of attention upon this Japanese episode,
number OF the diplomatic representa-
ttves in Washington had been informally
discussing and comforting over alleged
violations Of treaties by many states OF
the Union.
In Defiance of Treaties.
This is said to have occurred particu-
larly in connection with cases involving
the disposition of the property OF aliens
who die intestate In this country. Incl
dents have been cited where the local
state courts have usuped jurisdiction IN
defiance of treaties. and administered
such estates by methods quite contrary
to those Of the countries Of which the de-
ceased were citizens.
Altogether there are indications of the
feeling of unrest that may lead to de-
mands upon the national government. to
comply with which would involve gen.
eral Encouragement of the functions Of
the national and state governments, SO
far as they concern aliens.
Proposed Test in the Courts.
A test In the courts of the consti-
tutionality of the recently passed anti
alien bill OF California is proposed in a
resolution introduced in the House to-
day by Representative Britton of I'LL
nois. The resolution directs the COM
mittee on judiciary to draw a resolu
ton directing the Department of State
and the Attorney General to take
such steps as are necessary toward "a
judicial test of the California law,
with a view to its annulment." In a
statement accompanying his resolution
Representative Britton attacked the
democratic administration for its atti-
tude toward the British government in
the Panama canal tolls controversy
and toward Japan in the California en-
broglio.