New-York tribune., 1920-11-07
Wilson Plans
n. S. Check ON
California Law
Federal Measure to Upset
Alien Land Lease Bill
Under Consideration; No
Chance of Its Passage
Toxic Presses for Action
Japanese Impatience Inter.
feres With Desire to Put
Problem Up TO Harding
By Carter Field

-
Congress overriding the land leasing
laws lust approved by the California
electorate has been seriously proposed
,s solution for the diplomatic problem
involved.
Men who have been in close touch
v,.n the Japanese Embassy since nego-
tia.ions with regard to these laws
,soption Of which by the California
voters has been known to be certain for
months both by the State Department
and the embassy say that this idea OF
an act of Congress is the only solution
50 far proposed which really would ac-
eomplish anything. :.
The idea is that Congress could pass
law'prohibiting any discrimination by
sny state against color or class of
people owning or leasing land Being a
Federal act. this would, under the Con-
stitution, take precedence over the new
law Of California, and thus would null
lifyit.
Whether such an act would itself
be constitutional is 4 knotty legal prob
lem: but apparently this bridge is be-
,rg awaited until it is reached by the
negotiators. fer there is excellent au-
thori-y for the statement that this pro-
posed act Of Congress has been seri-
ously discussed by Secretary Colby
with Baron Shidehara, the Japanese
Ambassador.
Hope to Leave Problem to Harding
Incidentally the earnest desire of the
State Department is to postpone action
until after March :, and then cheer
fully hand over the problem to Mr..
Harding and his Secretary of State.
But the Japanese government. accord
inc to dispatches from Toxic, is just
reached prior TO March 4. as the
sreeches on ,his subject during the
campaign by Senator Harding were dis
quoting to Japan, and regarded as
more unsvmuathetic than Cox's.
Therefore. it is said the japanese gov
ernmen, Will present protest about
the California laws just approved by
referendum with all possible speed
No word has been received from
Toxic on this subject since November
.. when the California voters approved
the laws by d vote of approximately
three TO one. bat this is not important,
as the Japanese Foreign Office had
been advised that there was no doubt
the laws would be approved by an
overwhelming majority.
The question now is, What can be
done about it? In a former instance,
when the Legislature of California
was about 20 pass laws discriminatory
against Japanese. the urgent request
Of the State Department procured the
defeat of the bills. But there is no
such opportunity in the present in
stance The people OF the state have
spoken, and very emphatically. No
one has the right TO say for them that
the state Will accede to the Federal
governments request and avoid embar-
rassment Of the United States in it's
generally admitted that it would be
political suicide for any one in Cali
fOrnla to take such q submissive
stand, and by the same token there is
very little likelihood of any one doing
such thing.
1t is also realized definitely, both
at the State Department and at the
embassy, that even if such a special
treaty should be signed by Japan the
california state government would pay
no attention TO it. Incidentally, Of
course, this would involve ratification
N the Senate by a two-thirds vote,
always diihcult to get when there is
any opposition ut all, as there certainly
would be to any such treaty with
japan.
State Department Puzzled
hi 90
ing to the State Department. The
Japanese present the case that part of
'He United States is discriminating
against japanese, imposing restrictions
on them which are not imposed on
Wner foreigners To the State De
psrtments rejoinder that it cannot
x<ohlfoi even the Legislature of Cali
lorhla much less the voters of that
sySereign state, the Japanese reply
Vnst they are entirely aware that it is
we vi. Nate OF California which is doing
"IS thing, and not the national gov
tt."neht, nut, on the other hand, they
ns'e no way of approaching the people
Oanlornla or It's state government
ss's =, through the Federal government
IN Washington.
we have no representative in Cali
lNornIa,' say the Japanese. "To us. Of
h1cialiy, California is merely a part r. Of
ne united States, and our dealing with
aesard to California must be with the
SOvernment Of the United States
NO one really thinks that there is
isny chance of Congress passing such a
rIs G~ as mas been discussed In the first
a4aVe' ao' the California delegations in the
oD ,~use ana Senate could be relied on to
,5 ,pp0Se the measure to the last, and, in
WIZ Je second place, there viii be over
~;nc''nihg ,;oe desire during the next ses-
s,Vm OF Congress to extricate the Ad-
S",Iiislfatlon from it's embarrassing
tsp'0nat'e tba position with Japan. Bu,
the problem remains.