Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-06-19

domains.' an authority which It Is
believed the japanese government
has not failed to exercise in Its own
discretion with respect to the admis-
sion Of aliens and location OF their
settlement within its borders.
while the president would have
preferred to continue the existing ar
rangement with the Japanese gov
eminent and to have entered into ne
gotiations for such notifications as
might seem to be desirable, this gov
eminent does not feel that 1t IL linn
tied to such an arrangement or that
by virtue OF the existing under
standing or of the negotiation which
1t has conducted in the past with the
Japanese government, il has In any
sense lost or impaired the full liberty
Of action which it would otherwise
have in this matter
THUS in the treaty OF commerce
and navigation concluded with Japan
in 1894 it was expressly stipulated IN
article II: 1t is, however, understood
that the stipulation contained in this
and the preceding article do not In
any way affect the laws. ordinances
or regulations with regard to trade.
the immigration of laborers, police
and public security which are In
force or which may hereafter be en-
acted in either of the two countries.
1T il true that at the time OF the
negotiation OF the treaty OF 1911 the
Japanese government desired that the
provision above quoted be eliminated
ind that this government acquiesced
in this proposal in view of the fact
that the Japanese government had, In
1918, by means of the gentlemen
agreement, undertaken such measures
of restriction as it was anticipated
would prevent any substantial IN
crease in the number of japanese
laborers in the United States. -
I'm connection with the treaty re-
vision of 1911, the Japanese govern
ment, renewed this undertaking IN
the form of a declaration attached 10
the treaty. In acQuiescing In TINS
procedure, however, this government
was careful to negative any intention
to derogate from the full right to ex-
ercise in it's discretion control over
immigration Z.
at was with the distinct under
standing that 1t was without pre-
| iudice to the inherent sovereign right
of either country to limit and control
immigration to it's own domains or
possessions that the treaty or 1911
was concluded. While this government
acceded to the arrangement by whcr
Japan undertook to enforce measures
designed to obviate the necessity OF
| a statutory enactment, the advisa-
bility of such an enactment neces-
sarily remained within the Legislative
power Of this government 10 ue-
| termine. AS this power has now been
exercised by the congress in the en-
| actment of the provision in question
q mandatory
! upon the executive branch OF the
| government and allows no latitude
| for the exercise of executive discre-
| ton as to the carrying out OF the
| legislative will expressed in the
| statute.
TT is provided in the immigration
act that the provision of section IL
| Co, to which you have referred, shai
take effect on July /, 1924. Inasmuch
as the abstention on the part Of the
| United States from such an exercise
| of it's right of statutory control over
! immigration was the condition upon
which was predicated the undertake
ing Of the Japanese government con-
tanned in the gentlemen's agreement
| Of 1907-S with respect to the regula-
ton of laborers to the United States
II feel constrained to advise you thai
| this government cannot but acQuiesce
| in view that the government of Japan
is to be considered released, as from
! the date on which section Is Co OF
| the immigration act comes into force
from further obligation by virtue OF
| that understanding
I'm saying this, desire once more
to emphasize the appreciation on the
part of this government Of the vol
untary cooperation of your govern
ment in carrying out the gentlemen's
agreement and to express the con-
| viction that the recognition Of the
right of each government to legislate
control of immigration should not
derogate in any degree from the mu-
| tual good will and cordial friendship
which have always characterized the
relations of the two countries