The Birmingham age-herald., 1924-06-01

preeiable number dated but from the last few years of the nineteenth cen tury. The period of time Is too short to permit of any conclusive judgment be ing passed upon the racial adaPtabili ties of those immigrants in the matter of assimilation. as compared with alien settlers of the races efasSed as eligible to American citizenship. 1t should further be remarked that the process of assimilation can thrive only i'm a genial atmosphere of just and equitable treatment Its natural growth is bound to be hampered under such a pressure of invidiOus discriminat as that to which Japanese residents in some states of the American union have been subjected at law and in practice, for nearly twenty years
 1t seems hardly fair to complain of the failure of foreign clements to merge i'm a community, while the community chooses to keep them apart from the rest Os its membership. For these rea- sons the assertion of Japanese nom as<ImilabiIity seems at least premature, if not fundamentally unjust
 Turning to the surrey of commercial treaties between Japan and the United States. Article II of the treaty of 1894 contained a clause to the following ef- fect-
 ---It is. however understood that the Stipulati tions contained in the this and the preceding article do not in any way affect the laws ordinances and regulA- t5Ons with regard to trade, the immi- grafton of labOrers, police and public security which are in force or may hereafter be enacted in either of the two countries
 When the treaty was revised in 1911- this prOvisOry clause was delete6 from the new treaty at the request of the Japanese government, retaining the general rule which assures the liberty of entry travel and residence; and, at the same time. the Japanese gov ernment made the following declaration. dated February 21. 1911. which is at t4ched to the treaty
 Able To Limit
 In proceeding this day to the sig nature of the rteaty of commerce and navigation between Japan and the United States the undersigned. Japa- nese ambassador in Washington. duly, authorized by his government. has the honor to declare that the imperial Japa- HeSe government are fully prepared to mslntaln with equal effectiveness the limitation and control which they have for the past three years exercised in regulation of the emigration of labor CTS to the United States
 In proceeding to the exchange of rat lfICatlOns of the revised treaty. the act ing secretary of state communicated to the Japanese ambassador on Febru- sry 25. 1911. that the advice and con sent of the Senate to the ratification of the treaty IS given with the under standing. which is to he made part of the instrument of ratified tion. that the treaty shall not be deemed to repeal or atfeTt any of the provisions of tn eaet Ot Congress entitled an act to regulate the immigratiO of aliens into the United States approved February %. lsWI- The acting secretary of state added:
 lnasmueh as this act applies to the immigration of aliens into the United States from all countries and makes no discrimination in favor of any coun- tries 1t Is not perceived that your gov erUmeRt will have any objection to the understanding being recorded in the in S1rUment of ratification.
 To Protest Nationals
 The foregoing history will show that throughout these negotiations one of the