Evening star., 1932-03-30
JAPAN FACES LOSS
OF ISLAND MANDATE.
Fate of Pacific Islands in
Doubt if Empire Splits
With League.
BY CONSTANTINE BROWN.

tor, at present Onoer Japanese man.
date, in case Japan leaves the League
of Nations of its own free will, or in
case the League decides to cancel Ja-
pans membership therein?
Will Japan's trusteeship be Cancelled
by the League and will the League ask
some other power with interests in the
Pacific to take over this mandate? VIII
Japan agree to surrender those impor-
tant islands, on which she has spent
a good deal Of money since 1929, when
they became part of the empire?
These questions are discussed and
speculated upon in diplomatic circles
as the likelihood of q rift between ia
pan and the League grows stronger
each day.
The groups Of islands involved are
the archipelagos under the name Of
Marshall Islands, Caroline Islands and
the Marian Islands. Before the World
War they belonged to Germany. They
were taken away from that country
under the treaty Of Versailles and on
December IT, 1920, were intrusted to
Japan under what is known in the
Covenant of the League as a C man
date.
Sparsely Settled.
Because they are sparsely populated
and inhabited by very backward popu-
lation and also because they are far
from any actual civilization, Japan has
been given wide powers. The japanese
government has full jurisdiction over
the whole archipelago, which is con-
sidered as an integral part of the Japa-
nese Empire.
The laws of Japan are fully applied
to the islands. The only restriction
which makes them different from actual
Japanese territory is that Japan is per-
mitted no military or naval bases and
Is not allowed to erect any Notifications
in the territory. The japanese govern
ment Is required to submit to the
League and the Council a yearly report
about the progress Of civilization work
among the natives.
forbidden Territory"
Whether Japan has observed scrupu-
lously the restriction of not building
naval and military bases is unknown
here. The islands, ever since they came
under Japanese jurisdiction, have be-
come a forbidden territory" The
islands are situated of the beaten path
Of commercial sea routes and the lack
of commerce enables the japanese gov
ernment to enforce a strict surveillance
Of all travellers.
The shipping Is almost exclusively In
japanese hands because the coastwise
shipping act is strictly enforced.
No American man-ofwar has visited
the archipelago because "the Japanese
officials have not at their disposal the
necessary facilities to receive with all
due honor such distinguished visitors. -
1t Is known, however, that a number
Of oil tanks have been erected in vari-
Gus islands and factories have been
built lately. 1t is suspected by the
uninitiated that these buildings have
concrete foundation sufficiently strong
to support heavy guns. Breakwaters
supposedly only to develop a service OF
civil aviation.
Withdrawal Favored.
According to reports from Toxic, the
popular feeling in Japan is in favor
of withdrawal from the League. Ac-
cording to the covenant this Japan
cannot do very easily, because a with
drawal would not release her from in
ternational obligations she assumed
when she became a member
The article Of the covenant is quite
clear In that respect:
ANY member may, after two years
notice Of intention, withdraw from the
League provided that all its interna-
tional obligations under the covenant
have been fulfilled at the time of It's
Japan has, in the opinion Of the
League, not fulfilled her international
obligations in regard to China and con-
her withdrawal from the
League at the present time would not
facilitate, in theory, her present difficult
position in the society of nations.
But there Is another possibility. The
League, according to reports received in
Washington recently, is determined to
force Japan to respect its decisions. If
Japan continues her Haunting attitude
there is possibility that Japan would
be expelled from that organization un-
der the following provision Of the cove
nant: ANY member Of the League can
be declared no member by the vote of
the Council Of all members represented
thereon"
Provision Lacking.
In either case, the question arises as
to what will happen to the mandated
islands? Will Japan be allowed to con-
tinue to administer them, or will she
be requested to turn them over to the
League, which in turn will ask another
nation to take charge of them?
Queerly enough, the covenant of the
League does not contain any provision
for such an emergency. The fathers Of
the League did not seem to think in
1919 that such a case might arise.
According to international experts in
Washington, the case will have to be
treated under common law.
Mandates, it is said, are temporary
trusts. In private life the court can
revoke any trustee from his trusteeship
if 1t finds that the trustee has not acted
ethically, or in conformity with the
wishes of the court. In this specific
case the court is the League of Nations.
which has intrusted Japan with a
over the three archipelagos.
The League can, consequently, relieve
Japan of its duties at any time it NAV
think necessary.
Cost Has Been Heavy.
OF course, this is a moot point be-
cause there has been no similar pre-
cedent. Japan has spent a good deal
of money exercising her mandate over
these islands. Japan will consequently
have a legitimate claim to the refund
Of monies expended at the instigation
of the League. And Japan may con-
sequently claim that she has a right to
keep those islands.
This is the legal aspect of the case,
In practice, however. it is believed that
when Japan decides to break with the
League she will tell the Council, il
that body cancels Japan's mandate
come and take the islands If you can y
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