The Washington times., 1921-04-18

ments were received by this Govern
ment from any nation ind dic ating a
contrary opinion. Furthermore, at
tention is called to the fact that the
draft mandate covering the ex-Ger-
man islands north of the equator,
submitted to the meeting of the
heads Of delegations on December
"a. 1919. contemplates that there
may be a question as to what islands
north Of the equator should be al
located under mandate to Japan.
article III reads as follows: IT
any dispute should arise as to
whether any particular island Is or
not covered by the above mandate.
the matter shall be submitted to
the council of the League of Ma
tions, whose decisions shall be
inal.' The draft was not accepted.
primarily on account OF objections
raised by the Japanese. which, how
ever, did not relate to this parti-
cular provision. The point Is cit ed
merely as indicating an understand
ing that dennite agreement had not
yet been reached as to the inal
disposition Of ALL the isla nds north
OF the equator.
MANDATE NOT APPROyED.
"It might also be observed thst.
assuming for the sake Of argument
the conditional ALLEGATION to Japan.
the terms OF the mandate have not
been accepted by Japan OF even as
yet approved by the prisc.pAl In
terested powers or the League Of
Nations. In such case Il could sp-
pear that until the island 10 accept
ed under mandate upon terms zp-
kxr AA
the status OF temporary occupation
must exist. which. in the Circum-
stances. does not signify a vested
interest in the island. and which
admits OF present determination of
the conditions or terms of su-
thority. control and administration.
Il am directed by the President
to inform you that the government
of the United states eannot agree
that the Islaad Of Yap was included
In the decision OF May 2 or In sny
other agreement Of the SupreDsc
Council. And. In addition. that ~
the Island Of Yap must form nm iu-
dlspeasahle part Of the interun-
tional coAmunica tions. Il IL essen
tiai that its free and unkaAperes
use for such purposes should not he
limited OF controlled By sHX one
power. Even on the assumption
that the Island of zap should be
included among the islands neI1
under mandate by Japan. II is not
should not have free and unhamper-
ed access to. and use of. the island
for the landing and operation of
cables. This is a right which the
United States would be disposed TO
grant upon any OF its unfortihed
islands which may be essential for
such purposes"
The American charge daffaires at
Tokyo to the Secretary of State, Feb
ruary 27, 1921, transmitting teri of
Japanese foreign offices note of
February 26, 1921:
Further, in this same connection
the imperial government would
point out that views expressed by
the delegates previous to arriving
at a decision are not necessarily to
be interpreted as reservations
naturally attached to the decision.
1t follows that the question whether
the Island of Yap is excluded from
the mandatory territories assigned
to Japan must be judged from the
decision of May Z, by which the
mandatory powers and their mands-
tory territories were for the first
time and at the same time finally
decided upon, and IL must be con-
cluded that whatever utterances
may have been made previous to
that date were only preliminary
conversations that took place be-
fore the decisions were reached and
in themselves possess no such
cogency as to qualify the meaning
or limit the application OF the de-
cisions.
This conclusion Is the more ir-
REPUTABLE since the imperial delcga-
ton never expressed their agree
ment, whether at any meeting OF
the councils or elsewhere, with the
above stated views OF President
Wilson or OF Mr.. Lansing. Further
more, Viscount. then Baron. Maxine
announced distinctly his disagree
ment with them at the meeting OF
foreign ministers held on April
80, 1919.
"Of the meetings referred to it
must be noted that the imperial
delegates were not present at the
meeting OF the supreme council OF
April 81. May 6 and May and, in
consequence, the imperial govern
ment have no means of ascertain
ing what views were expressed by
the American delegates at those
meetings.
Assuming. however. that Presi-
dent Wilson did in fact give utter
ance at those meetings to such
views as are ascribed to him, this
cannot warrant the United States
Government as against the imperial
government in going beyond assert
ing as a fact that President Wilson
or Mr.. Lansing gave II as his opin-
ion before the supreme council and
the council Of foreign ministers at
some time previous to May I. 1919,
that the Island Of Yap should be in.
ternationalized or that IL should not
pass into the handS Of any one pow
er.
"In the opinion Of the imperial
government, such a fact argues in
no way in favor OF the contention
OF the American Government that
the Island of Yap stands outside the
islands that IL was decided should
be held under the mandate by Japan,
m ro Aet. ,el-