Evening star., 1924-07-06
NEW GRAVE ISSUE
UNDER ALIEN LAW
San Franciscans Find Addi-
tionaI Japanese Problem in
Immigration Act.
lNSULAR AREAS AFFECTED
Edict on Oriental Exclusion Ap.
piled to Hawaii.
BY Consolidated Press.

BY Consolidated Press
SAN FRANCISCO, July 5.-There. is
much discussion here as to whether
Congress, by including oriental ex-
clusion in the new immigration act
and by encompassing the countrys
insular possessions with legal bar
riers just erected, has not saddled
the Pacific coast with an entirely
new and considerably more serious
Japanese problem than it has faced
at any time in the past.
The discussion centers around 1885,
GOO Japanese, mostly laborers now in
Hawaii, as to whether under the
new immi igration act they now are
admissible to continental United
States without restrictions of any
kind or whether the presidential
proclamation issued in 1918, but ap-
plying to the former immigration
act, which since has been repealed.
will serve to block the apparent
loophole in the new exclusion law.
Issue Largely Legal.
The issue involved largely is
legal one. Before it is clarified, how
ever. it is alno6st certain that test
case will be carried by the Japanese
TO Ine OnlteQ states supreme oouI L.
Also it is possible, If not probable,
that President Coolidge may be
called upon to issue new proclama-
tion similar to the one which may
come into legal dispute, but the issu-
ance of which may further strain
existing relations between this coun-
try and Japan.
In abrogating the so-called gen
tlemen's agreement" it develops. ac-
cording to legal opinions expressed
here, that Congress failed to en-
body any provision in the new I'M
migration act denying Japanese al
ready in Hawaii the right to come
to continental United States Even
Pacific coast Immigration authorlties
admit that the new Immigration
measure leaves a large loophole for
a great migratory movement of Nip
ponese from Hawaii, but they express
hope of effectually blocking such
movement if it is attempted through
the proclamation intended to remeuy
just such a contingency, ISSUED oy
President Taft on February "a, 1915.
Action Taken by japan.
Under the terms of the gentlemens
agreement, the Japanese government
took upon itself. through the issu-
ance of passports, to prevent Japa-
nest laborers from coming TO tne
mainland of the United States. 1he
agreement, however, did not restrict
the emigration of Japanese !aborers
to Hawaii, where thousands were
needed on the 1arg sugar and pine
appIe plantations. All Nipponese la
borefs going to Hawaii, however,
were given only limited passports
In order to safeguard against any
of these Japanese laborers journeylng
onward to the United States proper
and under authority of the immigra-
ton act of 1907, President Taft in
1913 issued a proclamation which TOR,
bade any Nipponese with limited
entry into TINS COun-
try This proclamation effectually
shut off any such migratory move
ment from Hawaii.
.Exclusion Fence" Cited.
Whereas the former gentlemen
agreement prevented Japanese labor,
ers from coming to contlnental
United States, the new measure puts
an exclusion fence around both the
American mainland and all its insuiar
possessions, including Hawaii. Left
inside the new exclusion fence. how
ever. are all Japanese laborers VINO
already have come to HaWal ana
there is no mention in the new meas
IRE of any reasons why they cannot
tended by those who see danger in
the present situation that the presl-
Dental mandate which Congress
counted upon to prevent Japanese
from coming to the united States
from Hawaii is no longer effective
and there is no legal barrier which
could prevent such a migratory move
ment.
Early Court Test Planned.
1t is learned from reliable sources
that not only are the Japanese IN
this country planning an early court
test of the rights of japanese in Ha-
waii to move onward to this coun-
try, but that the Chinese in Hawaii,
of whom there are approximately
10000, are planning the same kind of
a court test Two Chinese from Ha-
wall, accompanied by attorneys who
will handle the legal phases of the
case, now are said to be en- route to
san Francisco aboard ship arriving
here July IL. In the event they are
refused entry, immediate court pro-
ceedings will be launched, it is said.