In this notification the United States and Hawaii are not mentioned, though the Philippine Islands are. Article 3 of the emigration law referred to above, which also provides for the duties of sureties, reads as follows: "The competent administrative authorities may, according to the conditions of the places whither the emigrants desire to emigrate, cause an emigrant departing without the assistance of an emigration agent to appoint as sureties not less than two persons whom the said authorities deem satisfactory. "Sureties shall give relief to or undertake to bring home emigrants in case of their illness or other distress. When the competent administrative authorities have given relief to or undertaken to bring home emigrants, their sureties shall refund the expenses incurred therefor." In case of emigrants assisted by emigration agents or companies, such agents or companies are regarded as sureties. "An emigration agent shall, in respect of the emigrants whom he has assisted in departure, be under the obligations of surety provided for in paragraph 2 of article 3 for a period of three years counting from the date of departure. (Article 7, II, Emigration Law.) Sureties are not generally required for those who are not laborers, but the authorities investigate the applicants' standing, financial and otherwise, before issuing passports, and securities may be required if it is deemed necessary. (See the recent negotiations with the Japanese Government relating to students, petty merchants, etc.) Technically speaking, "assistance" means the facilities afforded by emigration agents, who canvass for emigrants and arrange for their embarkation and their landing at their destination. "The term 'emigration agents' in this law is understood to mean persons who, under any name whatever, make it their business to muster emigrants or give assistance for their departure." (Paragraph 1 of Article V, Emigration Law.) The following provisions in the emigration law show how emigration companies can extend the scope of assistance by lending money, conducting banks, lodging houses, transports, etc. "Professional money lenders" referred to below may be a bank representing the interests of emigration companies: " "When professional money lenders advance to emigrants the passage money or money otherwise necessary for preparations to emigrate, they shall obtain in advance the approval of the competent administrative authorities concerning the conditions. of the loan. (Article 20, VIII.) "Those who desire to conduct lodging establishments for emigrants at the ports of their departure shall obtain the permission of the competent administrative authorities. "Those who have obtained the permission mentioned in the preceding para graph shall obtain in advance the approval of the competent administrative authorities concerning the arrangements in the lodging establishments for emigrants, the rates of board and lodging for emigrants, as well as any other expense that is to be borne by emigrants." (Article 20, IX.) No emigrant for the United States proper is now assisted by emigration companies, but those for the Hawaiian Islands who emigrate in large groups seem to receive practically the same assistance as in the days of contract labor. In the earlier days of Hawaiian immigration, all immigrants were transferred from the ship direct to the quarantine station. When quarantine was over, the representatives of emigration companies would come there and reship the emigrants to their respective plantations, where they (immigrants) were to stay for three years. Even those whose plantations were on the island of Oahu were not allowed to enter Honolulu. At present, while Japanese immigrants assisted by emigration companies technically are not subject to any contract and are free to go anywhere they please after reaching the quarantine station, yet in practice they usually go to the plantations to which they are assigned by the emigration companies according to contracts for labor supply, signed between the emigration companies and sugar planters. The only difference is that there is no direct labor contract between the laborers and the employers or their agent. It will thus be seen that emigration agents for Hawaii carry on their business now at a greater risk than in the days of contract labor. There is therefore no law or regulation giving assurances of employment for free laborers going to the United States proper and Hawaii. It is only in the case of contract laborers that emigration agents are required to give assurances of employment, as the following quotation from the emigration laws shows: "When an emigration agent assists or musters emigrants departing under a labor contract, he shall enter into a written contract with such emigrants, and he shall obtain in advance the approval of the competent administrative authorities. "The terms-i. e., conditions-of contract mentioned in preceding paragraph shall be determined by ordinance." (Article 13.) Article 23 of the regulations relating to the operation of the emigration law may be cited below: "The contract mentioned in article 13 of the law relating to the protection of emigrants shall contain statements as to the following items: "I. Terms of contract. "2. Fees. "3. Methods of defraying expenses of outward and homeward voyage. "4. Wages and methods of paying wages. 66 5. Method of arranging employment at the destination. "6. Methods of giving relief to or bringing home emigrants in case of illness or other distress. "An emigration agent shall attach a statement of the conditions at the destination to the text of the contract mentioned in the preceding paragraph, and shall apply for the approval of the chief of local authorities at the place of permanent or temporary residence of emigrants." In this connection paragraph 2 of article 5 of the emigration law may be cited, by virtue of which emigration companies may employ their own laborers for such lines or accessory business as transportation, agriculture, and fishery. "Emigration agents may, with permission of the competent administrative authorities, carry on such lines of business as may be directly connected with. emigration." Japanese consuls in China and Korea are authorized to reject objectionable Japanese residents. "Japanese consuls stationed in China and Korea may forbid to reside there for a period of from one to three years any Japanese subject who may disturb peace and order or may be injurious to morals.' (Law So of 1896, Article I.) But in other foreign countries the provisions of the regulations relating to the functions of consular officers are applicable, of which article 5 is cited below: "Consular officers shall take necessary measures for the relief or supervision of Japanese subjects within their jurisdictions. "Consular officers may, if deemed necessary for the purpose of relief or supervision, order the captain of any vessel to deport Japanese subjects." Japanese subjects can now go to Korea and China without passports, but it is safer to have them. Passports are required in order to go to any other foreign country. It is the business of the water police at all the open ports to examine at the wharf or on board ship passports of all outgoing passengers. One may possibly evade the police examination, but the ship's purser will regard as a stowaway any person on board who does not possess a passport. news. JAPANESE EMIGRATION TO HAWAII. Mr. Frear to Mr. Garfield. EXECUTIVE CHAMBER, SIR: Immigration. I understand that our immigration bill has been favorably reported, unanimously, by the House committee. This is good The recent action of the Japanese Government in regard to Japanese immigration emphasizes the need of leaving no stone unturned to secure the passage of the immigration bill making possible the introduction of Europeans. That action is creating some uneasiness here. It may materially limit Japanese immigration, in which case, if the immigration bill does not pass, we shall be cut off at both ends, a result that may prove very disastrous. Obtaining Europeans, when made possible, will be slow at best, and we can not begin too early. The action of the Japanese Government, referred to, is set forth in the following cablegram received by the Japanese consul to Hawaii from the Japanese Foreign Minister: The permission to be given to the Japanese laborers who emigrate to Hawaii is limited, for the time being, to the following classes only: First. Those who have been in Hawaii and desire to go again. Second. The parents, wives, children, brothers, and sisters of the persons who are presently living in Hawaii. Three. The husbands and wives of the brothers and sisters quoted above. I came down on the same steamer with the Japanese ambassador, Aoki, and understood from him that he was favorable to having his Government permit his people to emigrate to Hawaii, though not to the mainland, and that the President had told him that Hawaii might well be treated differently from the mainland in this respect. * * * * * We do not wish to lose the Japanese until we can get Europeans or Americans. DISCUSSION OF ADMINISTRATIVE MEASURES TO BE ADOPTED BY JAPANESE GOVERNMENT. Mr. O'Brien to Mr. Root. Despatch No. 175.] AMERICAN EMBASSY, Tokyo, February 3, 1908. SIR: I have the honor to acknowledge the receipt of the Department's telegram of January 23,* a copy of which is inclosed herewith. It contained a number of indecipherable groups, presumably due to errors in transmission, and in one case where three successive groups contained wrong figures our reading was not accurate. At the beginning of the third paragraph the words "It is quite evident that the meaning of these two suggestions has not been made clear" was rendered "It is quite evident that the meaning of these two suggestions should be taken conjointly." This error (which, however, is not material) appears, consequently, in the note constituting the formal reply to the Foreign Office communications reported by telegraph on January 1, which, in accordance with the Department's instruction, I gave on January 25 to the Minister for Foreign Affairs. This note, a copy of which is inclosed, was accompanied by an aide-mémoire and to the latter, it will be noted, was attached the definition of the term "laborer, skilled and unskilled," within the meaning of the executive order of March 4, 1907, as laid down in Rule 21-j. Reporting my interview with Count Hayashi on January 25, I telegraphed the Department as follows: SECRETARY OF STATE, Washington: Your telegraphic instruction personally read to Minister for Foreign Affairs. Copy furnished. Prompt consideration promised. Minister for Foreign Affairs said that he had ordered emigration to Hawaii to be entirely suspended. O'BRIEN. On later inquiry I was informed that Count Hayashi had not intended this latter statement to be taken entirely without qualification, and I therefore telegraphed the Department: SECRETARY OF STATE, Washington: I am now informed suspen Ibex. Referring to my telegram of January 25. sion of emigration Hawaii does not include men and families returning and families of those already there. O'BRIEN. At Count Hayashi's request, I sent him on January 28 a copy of the executive order of April 8, 1907, relating to the registration of American citizens resident abroad, referred to in my former note to him above mentioned. On January 30 I received from the Department the following telegram: AMERICAN EMBASSY, Tokyo: JANUARY 29-7 P. M. Stag. The embassy should make full report on imperial ordinance No. 153, April 18, 1900, Japanese Consular Regulations. In view of article 8 thereof, it would appear that the Japanese Government is already in a position, without any great innovation, to take measures having the general effect of our fifth suggestion. We feel very strongly that the Japanese Government can absolutely control emigration, as well as their subjects abroad, and that all that is required is a determined effort to do so. Bring the following to the attention of the Foreign Office: Among Japanese arrived Seattle 23d instant, steamship Iyo Maru, were 56 laborers under Rule 21-j, with passports bearing sanction of Minister for Foreign Affairs. Occupations in passports, 10 farmers, 10 herders, 2 teachers, 10 students, I mat maker, 1 laundryman, 2 merchants, 20 occupations not stated. Dates of passports, 1 July, 2 August, 5 September, 12 October, 8 November, 28 December. Root. The information contained in the latter paragraph of this instruction I communicated to Count Hayashi on the 1st instant, in a note of which a copy is transmitted herewith. A full report on imperial ordinance No. 153, of April 18, 1900, Japanese Consular Regulations, is sent to-day to the Department in another despatch. In my note of the 1st instant I did not suggest that, in view of article 7 of the above imperial ordinance, measures might, without great innovation, be taken by the Japanese Government which would have the general effect of the Department's fifth suggestion, for the reason that I had received word from the Foreign Office that I would very shortly be asked to meet Count Hayashi in conference, and this matter appeared to me one that could be more satisfactorily treated in a personal conversation. I am now hourly expecting the call to this conference. In order that the Department may have on file a complete record of paraphrases and memoranda that have passed between this embassy and the Japanese Foreign Office, there is transmitted herewith a copy of a memorandum handed to Count Hayashi on December 7 last, communicating to him the matter of the Department's telegram to me of December 5. In this connection I inclose a copy of the communication just received from the Public Health and Marine-Hospital Service, forwarding a record of steerage passengers who left ports of Japan for ports of the United States during the month of January, 1908. Inclosures: I have the honor, etc., T. J. O'BRIEN. 1. Copy of Department's telegram of January 23, 1908 (omitted). 3. Copy of note to Foreign Office. 4. Copy of memorandum handed Count Hayashi December 7, 1907 (omitted). 5. Copy of communication from Public Health and Marine-Hospital Service (omitted). [Inclosure No. 2.] F. O. No. 56.] JANUARY 25, 1908. MONSIEUR LE MINISTRE: Referring to your note of December 31 last, embodying your views on the subject of certain rules for the regulation and restriction of emigration, I beg to advise you that your suggestions have been brought to the attention of the Government of the United States, and I am now instructed to give you the following observations in reply: The Government of the United States has received a telegraphic summary of his excellency the Minister for Foreign Affairs' two memoranda, and is very sensible of the spirit of mutual helpfulness and frank and cordial cooperation in which the Imperial Japanese Government has received and commented upon the administrative measures which in November last the United States ventured to suggest, in the same spirit and in hope of the speedy accomplishment, in the manner most agreeable to Japan, of a result equally recognized by the two Governments as essential to their best interests. Feeling justified in the assumption that the measures contemplated, when reduced to definite and detailed form and placed in actual operation, will cover the ground of the first three of the suggestions submitted, it is still impossible for the United States to lay aside the conviction that an application in principle of some |