Evening star., 1924-06-01
'ext of Note Disappearing
Ban Observation-Disclosures
Agreement Declared Ignor-
ed After Years of Success.
TOXIC POSITION HELD
CHALLENGEABLE HERE
Hope Expressed United States Will
Receive Objections in Spirit Of
misunderstanding Is
l.eld Not to Have Been Given
Fair Test by America.
ans Solemn protest" agains

ans Solemn protest" against
:. exclusion section of the new i'm
grafton law was formally pre-
Sc ed to Secretary Hughes yester.
day by Ambassador Hanihara, and
was made public at the State Depart,
nent without comment.
Coupled with the protest is the
quest of the Japanese government
that the American government take
al! possible and suitable measures
fo removal of discrimination"
The communication declares in
ternational determinations are par
ticularly "unwelcome" when based
O, race" and adds that discrimina-
lion of that character is expressed in
she exclusion statute.
The history Of commercial agree
onts between the two countries, 1t
declared, shows that the Japanese
." ernment has sought to protect its
nationals from discriminatory i'm
migration legislation in the United
ates." which position was fully
understood and appreciated by the
merican government"
Say Treaty Disregarded.
The Japanese government desire
to point out" said the note,
the new legislation Is In entire
gard of the spirit and circum-
ances that underlie the conclusion
- the treaty (of 191D."
is added that the provisions of
new law have made it impossible
for Japan to continue the undertake
ings assumed under the gentlemen's
agreement" ..
THE patient, loyal and scrupulous
observance by Japan for more than
sixteen years of these self-denying
regulations in the interest of good
relations between the two countries
now seems to have been wasted" the
protest continues.
At the end Ambassador Hanihara
appended the following paragraph:
Il am instructed further to express
the confidence that this communtca-
ion will be received by the Amer
an government In the same spirit
sc is made"
Protest ChallenEeable.' .
Despite the silence Of administra-
tion officials, 1t can be said definitely
that the State Department Is. in q
position to challenge in its reply the
Japanese contention that the ex-
cIusion act can be construed as a
particular discrimination against
Japan, and also to take the position
that the negotiations leading up to
the commercial treaty Of 1911 in no
way justified an assumption that the
United States was willing to limit
it's complete freedom to deal with
immigration questions as 1t sees Mt.
In that respect, 1t is understood
that the correspondence between the
Two governments incidental to nego-
tiation of the treaty shows the
specific reservation by the United
states of immigration matters from
,e scope of the treaty.
rhe Japanese argument as to racial
elimination, is not regarded here
borne out by the language of the
clusion clause itself. The clause ex-
Includes all races not eligible to Amer
lean citizenship.
The Japanese protest does not make
clear whether the Toxic govern
,ent intends it's language with re-
meet to the gentlemen's agreement
IN mean that 1t already has aban-
doned that undertaking. in advance
of July 1, next, the date when the
xclusion clause becomes effective.
Diplomatic observers are inclined
believe, however, in view of the
7ndly expression of Ambassador
nihara, that the Toxic government
III continue to exercise control over
Japanese immigrants as heretofore
until exclusion becomes a fact.
There was no indication when ar
,merican rejoinder will be forth
oming. It can be said authorita'
lively, that it will be couched in Ian.
ruaRe CareIully CdlCu4dtCU ~ COhNcy
ssurances Of friendly sentiment to.
xard Japan at the same time that 1,
ahallenges the arguments advanced
py Toxic.
The text Of the note follows:
Honorable Charles E. Hughes.
Secretary of State.
Sir:
In pursuance of instructions from
my government. l. have the honor to
present to you herewith a memoran-
dunn enunciating the position of Japan
on the subject of the discriminatory
provisions against Japanese whica
are embodied in section 13 (c) of the
immigration act of 1924. approved
lay 26, 1924.
MEMORANDUM.
"The Japanese government are deep
ly concerned by the enactment in the
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