The Birmingham age-herald., 1921-03-03
FURTHER ACTION
 IN MANDATE ROW
 IS UP ID HARDING
Wilson Administration Will Go No Further in Controversy With the Allies Over
 Island of Tap
By Associated Press

tions over mandates for former Ger man possessions will be left to President Harding and Charles Evans Hughes, his Secretary of State.
 The decision of this administration to take no further action was made known today at the state department after re- ceipt of the replies from the council and Great Britain to the American notes dealing with the mandates for the Pa cific Island of Tap, held by Japan, and for Mesopotamia, to be awarded to Great Britain. Officials said there was insufficient time for them to prepare an- swers before the change of administra- tions Friday. They also indicated that it might be regarded as presumptuous if they acted.
 we have taken the steps to pro tect the position of the United States government" said Under Secretary Davis, "and the matter is now in posi- ton to be dealt with by the incoming administration in such manner as it may see fit"
 The text of the note from the league council was made public, but that of the British note was withheld. The ques- tion of it's publication. officials said, would be left to the new administration. The text of the councils note as made public did not differ in any essential from that given at Paris and contained in press dispatches from the French capital.
 Comment on the note was withheld by officials, as decision on it will be for the officers of the new administration It was evident however. that the action Of the league in postponing consideration of the Mesopotamia and other Class mandates until May or June was re- ceived with satisfaction.
 The contention of the league that 1t has no authority over the award of Class c mandates, such as that for the ls- land of Tap, probably will not result in the initiation of any new negotiations regarding this question, as the United States already has taken this matter up directly with the Japanese government.
 The American government has pro tested against Japan controlling the m portant cables centering on the lslano. There has been suggestion that the two questions, that of the mandate and the control of the cables, be separated, with the cables placed under international control but one obstacle to it's accept ance, it is said, appears in the terms or the mandate taken in connection Wlth Japanese law. Under the mandate Jap anese law extends over the island and that law prohibits the operation ana control of cables by other than Japanese subjects
 Iegslation by the Japanese Diet would be required to give effect to such set clement and it is said this cannot be as- sured at present.
 LEAGUE NOT CONCERNED
 Paris March 2.-The League of Ma tions is not concerned with the alloca- ton of the former German possessions ir the Pacific, which included the Jap anese mandate for the group to which the island of Yap belongs, the Ameri- can government is informed in the res ply of the council of the league to the American note on the mandate ques> ticn. The text of the councils reply was made public here today.
 The allocation was made by the SUI preme council of the allies, the note points out, but the council invited the United States to be represented at the meeting of the council in May or June when the other classes of mandates are to be taken up for final decision,
 The council expresses satisfaction in the interest shown by the United States government i'll the question of mandates which the council has long felt to be among the most important and also the most difficult.
 "The council,', it adds mot only well comes, but feels Justified in claiming
  erEments which devised the scheme the council is required to administer"
 RIGHTS NOT CHALLENGED
 Regarding the Fundamental conten> tion of the American government that the approval of the United States is essential to the validity of any Ieter- minations respecting mandates, the note says the Tights which the United States acquired as one of the leading actors in the war and in the peace ne- gotiations, is not likely to be chal- lerged in any quarter
 It points out, however, how the sit uation is complicated by the fact that the United States has not ratified the treaty and has not taken a seat in the council of the league
 The note invites the United States to participate in the coming meeting of the council in April, when final de- cisions are to be taken regarding class "A" and class "B" mandates.
 The council reminds Secretary of State Colby that the allocation of the class "C' mandates covering the Ger man islands in the Pacific allocated to Japan, was made by the supreme council of the allies, and that the League of Nations is not concerned with the allocation, but is only occu- pied with the administration of tn. territories involved
 The council adds that it has for warded the American note to the French. British, Italian and Japanese governments.
 The note begins with the acknowl- edgement of the receipt of Secretary Colby's communication. summarized the American contentious and after expressing the satisfaction of the council at the interest in the question indicated by the note, continues:
 SUMMARY OF NOTE
 .'The most Fundamental contention brought forward by the American note is that the approval of the UniteN States of America is essential to the validity of any determination which may be reached respecting mandates which have been or may be submitted to the judgment of the council
 "The United States was one of the leading actors both in the war and in the negotiations for peace. The rights which it acquired are not likely to be challenged in any quarter.
 But the American government will itself recognize that the situation Is complicated from the fact that United States. for reasons which the council would be the last to question, has so far abstained from ratifying the peace and has not taken her seat on the coun- cil or the League of Nations.
 "The council might easily have dwelt on the controversial aspects of the American note but this procedure would i'll represent their true attitude.