New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-04-07

with respect to the mandate to
Japan, purporting to have been CON
hrmcd and defined in its terms by
the Supreme Cosncl Of the League
Of Nations, Of She German possess
SONS in the Pacific Ocean, lying
north of the equator, this govern
mcnt deems it appropriate to state
the fundamental basis of it's repre-
sensations and the principles, which,
in its view, are determinative.
at will not be questioned that the
right to dispose Of the overseas pos
sessions of Germany was acquired
only through the victory of the AL
lied and associated powers. and it is
also believed that there is no dis
position on the part Of the British
government to deny the participation
of the United States in that victory
1t would seem to follow necessarily
that the right accruing to the Allied
and associated powers through the
common victory Is shared by the
United States and that there could
be no valid or effective disposition
OF the overseas possessions Of Ger
many, now under consideration, with
out the assent of the United States,
u. S. Didn't Authorize League
Or Council to Act for 1t
This government must, there fore,
point out that as the United States
has never vested either the Supreme
Council or the League of Nations
with any authority to bind the
United States or to act on its behalf,
there has been no opportunity for
any decision which could be deemed
to affect the rights of the United
States. 1t may also be observed that
the right accruing to the United
States through the victory in which
it has participated could not be re-
garded as in any way surrendered to
Japan. or to other nations, except
by treaty, and that no such treaty
has been made.
"The fact that the United States
has not ratified the Treaty of Yer
sailles cannot detract from rights
which the United States had already
acquired, and it is hardly necessary
to suggest that treaty to which
the United States is not party
could not affect these rights. But
it should be noted that the Treaty
of Versailles did not purport to Sc
cure to Japan or to any other ma
tions any right in the overseas pos
sessions of Germany, save as an
equal right therein should be Sc
cured to the United States. On the
contrary, Article 119 of the Treaty
of Versailles provides:
Germany renounces in favor of
the principal Allied and associated
powers all her rights and titles over
her oversee possessions.'
America One of Allies to Whom
Germany Gave Up Possession.
at will not be questioned that one
of the principal Allied and asso-
ciated powers in whose favor Ger
many renounced her rights and titles
is the United States. Thus, not only
could the position of the govern
ment of Japan derive no strength
from the Treaty of Versailles or
from any discussions preliminary
thereto, but the terms Of that treaty
confirm the position of the govern
ment Of the United States.
Further, the draft convention re-
lating to the mandate for the Ger
man concessions in the Pacific Ocean,
north of the equator, which was
subsequently proposed, proceeded in
the same view, purporting on be-
half of the United States as one Of
the grantors to confer the mandate
upon japan, thus recognizing the
right and interest of the United
States and the fact that the pro-
posed action could not be effective
without the agreement of the United
States as one of the principal AL
lied and associated powers.
AS the United States did not en-
ter into this convention or into any
treaty relating to the subject, this
government is unable to understand
upon what grounds it was there
after attempted to confer the man
date without the agreement of the
United States. 1t is manifest that
the League of Nations was without
any authority to bind the United
States, and that the confirmation of
the mandate in question and the
definition of its terms by the Coun-
Gil of the League of Nations in De-
cember, 1920, cannot be regarded as
having efficacy with respect to the
United States.
Points Out Inaccuracy
OF Terms of Jap Mandate
at should be noted that this man.
date not only recites Article 119 of
the Treaty of Versailles, to the ef