The Birmingham age-herald., 1921-04-07
U. s. SURRENDERS NO RIGHTS, ALLIES TOLD
Text of U. 5. Note Demanding Rights
 As Allied Power
By Associated Pres.

With respect to the mandate to Japan, purporting to have been con firmed and defined in it's terms by the supreme council of the League of Nations of the German possessions in the Pacific ocean lying north of the equator this government deems 1t ap- propriate to state the Fundamental base of it's representations and the principles, which in it's view, are de- terminative.
 'It will not be questioned that the right to dispose of the overseas pos sessions Of Germany was acquired only through the victory of the allied and associated powers, and it is also be lieyed that there is no disposition or the part of the British government to deny the participation of the United States in that victory It 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 dis position of the overseas possessions of Germany, now under considera tion without the assent of the United States.
 NO RIGHTS CEDED
 This government, must. therefore, point out that as the United States never vested either the supreme coun- Gil or the League of Nations with any authority to bind the United States or to act on it's behalf, there has been no opportunity for any decision which could be deemed to affect the rights of the United States. It may also be observed that the right accruing to the United StafaS ha vir lbs, which it had participated could not be regarded as in any way ceded or sur rendered 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 Versailles cannot detract from rights which the United States had already acquired and 1t 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 purporr to secure to Japan or to any other na- tions any right in the overseas pos-' sessions of Germany save as an equal right that should be secured to the United States. On the contrary Article ll9 Of the Treaty of Versailles pro- vides:
 " Germany renounces in favor of the principal allied and associated powers their rights and titles over her oyersea possessions
 U. s. ONE OF ALLIES
 It Will not be questioned that ono of the principal allied and associated powers in whose favor Germany re- Eounces her rights and titles is the United States. Thus not only could the position of the government of Ja- nann dHriVa n n xt.. of Versailles or from any discussion preliminary thereto, but the terms of that treaty confirm the position of the government of the United States.
 F'urther. the draft convention relat- Ing to the mandate for the German concession in the Pacific ocean north Of the equator. which was subsequently proposed, proceeded in the same view. rurporting on behalf of the United States as one of the grantors to con Ter the mandate upon Japan, thus rec ognlzing the right and interest of the united States and the fact that the proposed action could not be effective without the agreement of the United States as one of the principal allied and associated powers
 As the United States did not enter into this convention or into any treaty relating to the subject, this govern ment is unable to understand mon what grounds it was thereafter at tempted to confer 1t without the agree ment of the United States. It is mani rest that the League of Nations was without any authority to bind inc united States and that the confirma tion or the mandate in question and the definition of its terms, by the council oa .he League Of Nations in December Is@o' cannot be regarded as having ef- ficacy with respect to the United States.
 TREATY IS QUOTED
 It should be noted that this man. oate not only recites Article 119 of the Treaty of Versailles to the effect that Germany renounced in favor of the principal allied and assoriatej powers all her rights over her over seas possessions, including therein the sloups or Islands in the Pacific ocean. lying north of the equator but aIso further That the principal allied ana associated powers in accordance with Artlcle 22, part l (coyenant of tha League of Natiohs) of the same treaty mandate should be conferred mon Eis majesty, the Emperor of Jau.n ". administer the said islands and have proposed that the mandat should ba as set forth. While this last quoted had already been pointaI out in previous communications hv thia government it is inaccurate in its terms inasmuch as the United sfatss as one of the principal allied ana as- soclated powers had not so agreed and proposed, the recital again recornizes ,ne necessity of the participation O. lne united states in order to make the proposed disposition effective.
 WILSON'S ATTITUDE
 AS, m the absence of any treaty with ,-.In ter, there was no decision on Maw l9l9, binding the United States if ls deemed to be unnecessary again to er- anime the brief minutes of the yneetir, or the supreme council on that date rt may, however, be proper to say that ths minutes of this meeting, although oh. Viousiy without any fina'ity could nor pc construed without due re- gard to the other proceedings of the s,- preme council and without taking ac- count of the reservations which pras- l ident Wilson had already made in X. | previous meetings of the supreme counc,i | on April 21. April 90. and May 1. 1919 | The attitude of President Wilson is suf- l ficiently shown by the following state ment which he made to the department | of state on March 3, 1921:
 "I beg to return the note received from the Japanese goyernme,t which have read. in relation to the. nrn | sosed mandate covering the island of Tap.
 My first information of contention hat the so-called decision of. May 2, 1879 l oy the council of four assigned to Japan l ! mandate for the island of Yap vas l to me by Mir. Norman Davis | r October last. I then informed hir, | that I had never consented to the as- signment of the island of Yap to IaDan |
 MADE RESERVATIONS