Arizona republican., 1921-04-07
PAGE TWO

ha as an equal right therein should secured to the United States On tne contrary, article 119 of inc treatv VT versailles provides:
 Germany renounces in favor of principal allied and associa ted kt~ers all her rights and titles over ner overseas possessions,
 It VIII not be questioned that one the principal allied and associated powers Tn whose favor Germany re- Iys.icss ner rights and titles is the " ni.eo states. Thus, not only could position of Japan derive no ehstn from the treaty of Versailles oN from any discussions preliminary sltereto, but the terms of that treaty confirm the position of the govern Hient of the United States.
 gfurther, the draft convention re- lsulns to the mandate for the Ger man concessions in the Pacific ocean. north of the equator, which was sub sequently proposed, proceeded in the same view. purporting on behalf of the united States as one of the grantors to confer the mandate on 9apan, thus recognizing the right and llterest of the United States and the iact that the proposed action could not De effective without agreement Of the United States as one of the principal allied and associated powers.
 United States Not Bound
 As the United States did not en- ter this convention or into any treaty relating to the subject. this govern hent Is unable to understand on what grounds it was thereafter attempted to confer the mandate without the agreement of the United States It IS manifest that the league of nations will not bind the United States and that confirmation of the mandate in question and the definition of its terms. by the council of the league of nations in December, 1920, cannot be regarded as having efficacy with re- spect to the United States.
 Tt should be noted that this man. date not only recites articles 119 of the treaty of Versailles, that Ger many renounced in favor of the prin- cipal allied and associated powers all her rights over her overseas possess ions. including the groups of islands in the Pacific ocean, lying north of the equator, but also recites that the principal allied and associated pow CTS agree that in accordance with article 22, part I, Covenant of the league of nations) of the said treaty mandate should be conferred on His Majesty, the emperor of Japan, to ad- minister the said islands and have proposed that the mandate should be formulated as set forth. While this last quoted recital, as has been pointed out in previous communica- tions by this government, is inaccu- rate in its terms, inaSmuch as the United States, as one of the principal allied and associated powers, had not so agreed and proposed, the recita again recognizes the necessity of the participation of the United States tc make the proposed disposition ef- fective.
 Council Without Authority
 "As, in the absence of any treaty with the United States relating to the matter, it is deemed to be un- necessary again to examine the brief minutes of the meeting of the SUI preme council on that date. It may however, be proper to say that the minutes of this meeting, although ob- viously without any finality, could not properly be construed without due regard to the other proceedings oi the supreme council and without taking account of the reservations which President Wilson had made ir the previous meetings of the supreme council on April 21. April 30 and May l., 1919. The attitude of President Wilson is sufficiently shown by tht following statement he made to tht department of state March 31, 1921
 I beg to return the note re ceived yesterday from the Japanes, government which I have read. il relation to the proposed mandat covering the Island of Yap-
 {. My first information of a con tention that the so-called decision o May ', 1919, by the council of fou assigned to Japan a mandate for YaI was conveyed to me by MT. Norman Davis in October In then inforne him I have never consented to tn assignment of Tap to Japan.
 I had not previously given par ticular attention to the wording 0 the councils minutes of May ', 191. which were only recently called to m attention. I had on several occasion prior to the date mentioned, mad specific reservations regarding Va and had taken the position that should not be assigned under man date to any one power but should b iIiternationalized for cable purpose I assumed this position would be dul considered in connection with tn settlement of the cable question an that it therefore was no longer a mat ter for consideration in connectio with the peace negotiations. I nevt
 
 respect to Tap, and I did not agrs May ', 1919. or at any other tim that Tap should be included in u assignment of mandates to Japan.
 All Mandates Conditional
 As a matter of fact all agre ments arrived at regarding assigl ment of mandates were condition on a subsequent agreement beil reached as to specific terms of u mandates and further, on their a ceptance by each of the principal . lied and associated powers. The co sent of the United States is esse tial both as to assignments of ma dates and the terms and provisio of the mandates after agreement
 to their assignment or. allocation.
 ;..The consent of the United Stat has neevr been given on either poi as to Yap-'
 Apart from the expressed purpc of President Wilson in relation
 Yap, inasmuch as the proceedings
 he supreme council, May [. 1919, not. and in the nature of things col not, have finality. this government