New-York tribune., 1921-04-07
America Cannot Be Ex.
cluded From Division
of Fruits of War, Says
Washington Document
League Action on
Yap Not Recognized
Failure to Ratify Treaty Is
Held No Bar to Partic-
ipation in All Awards

WASHINGTON, April 6.-The
American government has dis
patched identic notes to japan.
Great Britain, France and Italy
the principal powers with which the
United States was associated in van
gushing Germany-demanding an
equal voice in the disposition Of all
mandates over territories relin-
quished by the enemy.
The new American demand ha.
particular reference to the arbitrary
designation by the Council Of the
League of Nations of Japan as the
mandatory power over the island of
Yap, against which a vigorous pro-
test is made.
Secretary of State Hughes made
public to-day the text of the note to
Great Britain, which is similar in
content to those addressed to the
other powers, with the exception of
that to Japan, which contained addi-
tional paragraphs referring to pre-
vious correspondence between that
government and the United States
over the zap mandate.
Cannot Exclude United States
In the new American pronounce
ment, which might be characterized
as an ultimatum from this govern
ment. Secretary Hughes asserts that
the United States as one of the vic
torious powers cannot be excluded
from participation in the fruits of
the war, ard that the non-ratifica-
tion Of the Treaty Of Versailles can
not detract from any rights which
the United States acquired through
the common victory over Germany.
"The right accruing to the Allied and
associated powers through the common
victory is shared by the United States
the note asserts, and adds that there
can be mo valid or effective dsposi
ton of the overseas possessions o.
Germany, now under consideration,
without the assent of the United
States"
Secretary Hughes points out that as
this government has never vested the
League of Nations with "any authority
to bind the United States or to act on
its behalf, there has been no opportu
nifty for any decision which could be
deemed to affect the rights of the
United States" The declaration also is
made that the surrender of any righ.
by the United States must be through
a properly executed treaty, and no such
treaty has been made.
Leagues Action Challenged
Taking up the action of the Council
of the league in designating Japan as
the mandatory power over zap, the
note says:
at is manifest that the League Of
Nations was without any authority to
bind the United States and that the
confirmation of the mandate in ques-
tion and the definition Of its terms by
the Council of the League of Nations
in December. 1920, cannot be regarded
as having efficacy with respect to the
United States"
Included in the Hughes note of pro-
test against the zap mandate to Japan
is the very positive view held by ex
President Wilson with regard to the
reservations he made when Zap was
under discussion by the Supreme Coun-
Gil in 1919. The former President, on
March 5, 1921, just before mis- retire
ment from the White House, addressed
a statement to the Department Of State
in which he described his emphatic op-
position to the designation of japan as
mandatory over zap.
II never abandoned or modified this
position in respect to the Island of
zap, and | did not agree on May Z, 1918.
or at any other time, that the Island OF
Yap should be included in the assign
ment of mandates to JAPAN" the for
mer President wrote in refutation of
the charge that he had agreed that
Japan should have control over zap.
Americas Motives Unselfish
The Hughes note concluded with tho
statement that as no one mas been
authorized TO ccde or surrender the
right or interest OF the United States
In zap. this government Cannot rccog-
nize the ALLEGATION of the island or the
validity of the mandate to Japan"
Secretary Hughes adds that the United
States has no selfish desire with ref
erence to zap, other than an equal
voice with all the powers, including
Japan, and asserts that this govern
ment places reliance on the sense of
justice Of the government of Japan and
OF the governments of the other Allied
and associated powers" and "looks
with confidence to a disposition of the
matter whereby the just interest of all
may be properly conserved"
Our Position Unchanged
The notes are the first important
diplomatic communications penned by
the new Secretary of State and thev
make 1t plain that the change of ad-
ministrations in Washington has re-
suited IN no modification of the pre-
vious position of the United State.
that as one of the principal contribu.
Tors to the common victory over Ger
many it must insist upon the exercise
Of ITS full rights in the disposition o:
the former German possessions.
The note to Japan is in reply II. on,
on the subject Of Yap received ton n
tnat country. on Msrch last. $50,