The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-06-19
EXCLUSION IS
HELD RIGHT OF
UNITED STATES
Secretary Hughes Says 1t
TrespasSes no u. 5.
Obligation
FRIENDLY IN TONE
Secretary of State Reaffirms
American Friendship
For Japs
FRIENDLY IN TONE

Washington, June l9-The Aneri-
can reply to the japanese protest
against the exclus ion provision OF the
immigration act was made public
here last night by the state depart
ment simultaneously with its publica-
ton through the foreign Office In
Toxic 1t is cordial and friendly in
tone, but at the same time makes 1t
clear that the exclusion provision IN
no way trespasses upon any written
or implied obligation on the part of
the United States.
Secretary hughes points out that
Congress was wholly within its right
in the enactment of the provision and
that the action taken is "mandatory
upon the executive branch of the gov
eminent and allows no latitude for
the exercise of executive discretion
as to the carrying out of the legis-
lative will expressed in the statute
The construction generally placed
upon the American note is that it
conclusvely demonstrates the view
of the Washington government that
the exclusion law is a closed incident
and that no attempt to modify or
alter its terms is to be expected.
Appreciates Attitude
Secretary Hughes in the note which
he prepared with utmost care ex
presses pleasure over the friend
illness and candOr" of the protest
communication delivered to him by
Ambassador Hanihara, May 81.
"You may be assured of the read
mess of this government to consider
in the same spirit the views you
have set forth" Mr. Hughes said.
The note then analyses the exclu-
sion applicable to all aliens inelig-
ible for citize nship as it is modified
by the exceptions contained in the
act and points out:
ut will be observed that, taking
these exceptions into account, the
provision in question does not differ
greatly in its-practical operation, or
in it's policy which it reflects, from
the understanding embodied in the
gentlemen's agreement under which
the Japanese government has coop
Grated with the government of the
United States in preventing the emf
grafton of japanese laborers to this
country"
Appreciation of this cooperation il
carrying out Long established
policy" is expressed and the communi
cation adds:
Indeed, the appropriateness of tina
policy, which has not evidenced an.
lack of esteem for the japanese PEG
pie, their character and achievements
has been confirmed rather than ques
toned by the voluntary action o
your government in aiding its exc
cution."
The substantial difference between
the exclusion provisions and the gen
tiemen's agreements, the note con
tinues, lies in that President Coolldg
described in his statement at the tim
he signed the immigration bill, a
the determination of Congress to eX
ercise "its prerogative in defining b
legislation the control of immigratio
instead of leaving it to internationa
agreements"
at is not understood that this pre-
rogative is called in question blu
rather, your government expressl
recognizes that it lies within the in
herent sovereign power of each stat
to limit and control immigration t
its own domains, an authority whic
it is believed the Japanese govern
ment has not failed to exercise
its own discretion with respect t
the admission Of aliens and the col
ditions and location of their settl,
ment within its borders" Secretar
Hughes note continues. 1t is at tn
point that the secretary after notin