The Birmingham age-herald., 1913-07-17
Attitude on Anti-Alien Land
Law Cabled Toxic by
Chinda
LOOK TO JAPANESE
TO TAKE INITIATIVE
Believed Delivery of Last Note Will
Conclude Negotiations on Subject
Between the Two Countries.
Contents Withheld

Washington. July 16.-America's re-
ply to the last two Japanese notes on
the California anti-alien land law was
delivered today by Secretary Bryan to
Ambassador Chinda. who at once cabled
1t to Toxic As in the case of the pre-
ceding notes, contents of the latest mis-
sive were withheld from publication.
There is some expectation in official
circles that the delivery of this last
note will conclude the negotiations on
this subject between the two countries
for the present at least, If not alto
gether. 1t is declared that the American
reply to the various points of objec-
tion to the California legislation has
been made so complete as to remove
most, of them from the field of dis
cussion. Even In cases where the Jap
anese contentious have not been mani
testify completely negative the expert
diplomatists are said to have so framed
their responses as to reduce the points
to clear issues, which probably can be
adjusted only on the basis of judicial
decisions.
The result has been reached through
the exchange of five notes, the negota-
| tions beginning May s, last. with the
original protest by Japan against the
projected alien land owning act by
the California legislature. This ellie
| tied reply from Secretary Bryan on
May 10, or as soon as he had been
advised of the actual signature of the
Webb act by Governor Johnson. On
| luna 4 the lana0aEa filed
/ its rejoinder and on July 3, this was
| supplemented by an elaborate expan-
sion of the arguments.
| Unless the Japanese foreign office
concludes that there is something in
the American note delivered today re-
quiring immediate attention and reply,
probably there will be no further dip
month. At the expiration of that time
the Webb alien land owning act will
become effective, and the way will be
opened for a judicial tesbof its consti-
/ Itutionaiity
The state department is looking tc
| the Japanese government to at least
take the initiative in securing a Judi
| cial determination of the question as
TO whether this act Is in conflict with
| existing treaties or whether ii violated
| privileges to which the japanese are
entitled under the broad principles oil
| international law. While the Japanese
lnegotiators have unofficially expressed
the opinion that 1t was the duty of the
American government to make this test
| following a precedent established dur
ing the Roosevelt administration In
connection with the exclusion of Jan
anese pupils from the American public
| schools the state department has de-
elined to accept this view.
Officials suggested today that the
Japanese government would be in a
better position to resume the consid
Grafton of its grievance by diplomatic
means In the event of an unsuccessful
| litigation II the test were initiated and
prosecuted by Japanese resident of
California in a private capacity. even
though actually financially supported
| by the Japanese government.
Apprehension Expressed
Some apprehension has been ex-
pressed by the Japanese over the ef-
ficacy of securing an early judicial ex-
| animation on constitutionality of the
| California legislation. The state de-
| partment officials. however say they
are prepared in good faith to faclli-
tate the proceedings by every proper