The Birmingham age-herald., 1913-04-13
NO PROTEST ISSUED
BY JAPAN REGARDING
ALIEN LEGISLATION
Japan to Continue Policy of
Moral Suasion = Treaty
May Be Attacked From
Different Direction

Washington, April 12.-President VIII
son has had one conference so far with
Viscount chinda, the Japanese amoas-
sador. and probably will have others IN
she near future, in view of the ambas-
eador's latest instructions regarding the
california alien land holding legislation.
Jt may be stated on the highest authority
ahat at no stage of the very personal ex-
changes that have been in progress has
there been anything in the nature of
s,protest' from the japanese government
against what has been done in California.
The latest instructions to the ambas-
eador from Toxic look only to the con-
4inuance by the embassy of the course
it has pursued from the beginning, Oh
relving upon moral suasion and a digni-
fled presentation of the unfortunate I'M
,pression produced in Japan by this uneX-
pected recrudessence of anti-Japanese
Feeling on the Pacific coast.
+ Sympathetic Interest
As far as can be gathered. the adminis-
tration has listened with sympathetic in
terest TO these personal representations,
and, while without legal authority at this
moment to interfere with legislation in
ICalifornia, it has not hesitated to bring
Apersonai influence to bear to bring about
Efhe modification of such features of the
proposed legislation as threatens to lead
ito unjust discrimination against japanese
ecitizens.
While this is the present aspect of the
exchanges that have been going on be-
tween the two governments in an unof-
kaicial manner, in the background Is the
snractical certainty that If this sort of
moral ssuasion fails in its purpose, and
legislation which the Japanese govern
ment regards as purely violative of Jap
anese rights is enacted at Sacramento, the
negotiations will take more formal
course. This would involve an analysis
of the exact meaning of article of the
treaty of 1911, under which the Japanese
nave owned and leased land and houses
in California. A radical difference on this
point might be expected TO lead to a
formal protest from Japan which in turn,
il not regarded, undoubtedly would re-
suit in the denunciation of the whole
treaty of trade and commerce.
Another Attack
A chance remark dropped from high
quarters makes it evident that the treaty
is perhaps in danger from attack in an
other direction. It is known that some con-
sideration already has been given to a
suggestion emanating from the Pacific
coast that a treaty. like any statute, is
subject to the test of constitutionaiity
by the supreme court. Consequently, If the
existing treaty of 1911 conferring the
right of free hold and lease upon jap
anese in America, is in conflict with a
law already enacted by the state of Cali
fornia or hereafter enacted, in pursuance
of the legitimate exercise of states
power. Then instead of being the SUI
preme law of the land the treaty Itself
must give way to a state law, so far as
California is concerned, on the theory
that the treaty makers have infringed
the constitutional rights of the state.
Questions like this and that touching
the right of the Japanese to naturaliza-
tion in America under existing law. how
ever, are reserved for consideration in
case of the efforts now making to secure
satisfactory legislation in California
should fail. As a last resort and to re-
move the humiliation from which the
Japanese now suffer- from their present
legal status, It is possible that an appeal
to amend the naturalization law which, IL
to amend the naturalization law, which, IL
successful, would completely remove the
basis of the Japanese plan, even though
Japanese subjects were still precluded
from owning lands in California.