Modifications of Proposition No. 2.

(a) The issuance of passports to laborers who have formerly been in American territory or to the parents, wives, or children of laborers Strict supervision of already in United States should be carefully safeguarded and issuance to wives and limited.

children.

(b) It is important that the Japanese Government's definition of the term "laborer" should be conformable to that held by the American authorities (Rule 21-). (Book, p. 88.)

(c) It is understood that the term "settled agriculturist" relates to a small farmercapitalist and not merely a farm laborer paid under contract out of Settled agriculturist the proceeds of his agricultural work, and that with this criterion a defined. reasonable number of passports only will be issued to persons of such economic status. Unless alleged character of farmer is accompanied by actual title to land it is likely to be a cover for violations of the contract-labor laws, and this should be specifically guarded against. (Book, p. 88.)

RESPONSE OF JAPAN TO PROPOSITION NO. 2.

The Japanese Government will continue its announced policy of issuing no passports good for the American mainland to either skilled or un- Restricted issue of skilled Japanese laborers, except to those who have previously passports to laborers. resided in the United States, or the parents, wives, or children of Japanese residents. (Book, pp. 84, 98.)

Said Government intends, however, to continue to grant passports to settled agriculturists, but will continue to exercise a careful and rigorous supervision and restriction. (Book, p. 84.)

Japanese officials will be instructed to make thorough investigation when application is made by a student, merchant, tourist, or the like, to Must be bona fide ascertain whether the applicant is likely to become a laborer, and students, etc. will enforce a requirement that such person shall either be supplied with adequate means to insure the permanence of his status as student, tourist, etc., or that surety be given therefor. (Book, pp. 84, 98.)

Penalty for evasion.

Conditions on which

It is the intention in every case of evasion of the limitations of a passport to refuse further applications from those guilty, and to extend the prohibition to parents, wives, and children of such guilty parties (p. 27). Passports to laborers previously domiciled in United States will be issued upon. production of a certificate from a Japanese consular officer in the United States, and will be issued to the parents, wives, and children of laborers resident in United States upon production of such certificate and of a duly certified copy of the official registry of the States, their wives and members of the family in Japan. No local official in Japan will be allowed to issue a passport except upon the presentation of such certificate or certificates, and both consular officer and local official have been instructed to guard against fraud in the exercise of these duties (p. 28).

passports will be issued: To laborers formerly domiciled in United

children.

All applications for passports as settled agriculturists must pass through the Foreign Office, and detailed reports of consular officers cognizant Conditions on which with the circumstances, as well as certificates of notaries attesting passports will be issued: To settled agriculturists. the bona fides of the necessary land titles, are required (pp. 28, 34). The Japanese Government considers the definition of "laborer," skilled or unskilled, as given in the executive order of April 8, 1907, contains Definition of "laborno particular which it can regard as inapplicable in determining er." the status of persons of that class (p. 29). '

PROPOSITION OF THE UNITED STATES NO. 3.

The Imperial Japanese Government not to issue to laborers or to those of the economic status above indicated more than 1,000 passports per year Limitation of passgood for the Hawaiian Islands. (Book, p. 62.)

ports for Hawaii.

RESPONSE OF JAPAN TO PROPOSITION NO. 3.

For various considerations based upon the fundamental difference between the Hawaiian Islands and the American mainland, the Imperial Government earnestly desires that the territory of Hawaii be set outside discussion regarding Japanese immigration into the United States proper. (Book, p. 93.)

Hawaii.

above.

It is the intention of the Japanese Government, however, experimentally to stop all emigration to Hawaii for some time to come, except in the isoTemporary suspen. sion of emigration to lated cases of returning domiciled persons and of the parents, wives, and children of those already resident in the islands (Book, pp. 84, Exceptions under 93, 99). Such suspension will not apply to men and families returning to Hawaii or to families of those already there. (Book, p. 100.) Japanese emigration to Hawaii has heretofore been in response to the law of demand and supply, and it is desirable to have it so continue. (Book, p. 93.) If at any time hereafter it should be found desirable to depart from the present Removal of restraint policy of prohibition regarding Hawaii, that step shall only be taken after ascertaining through an American official source the need of labor in the islands (p. 35).

in future.

cumstances.

PROPOSITION OF THE UNITED STATES NO. 4.

The Imperial Japanese Government to consider as having forfeited his right under his passport anyone to whom they shall hereafter grant Forfeiture of passports under certain cir. a passport as a nonlaborer and who may engage within continental American territory or the Hawaiian Islands in manual labor in contravention of the provisions of his passport, or any person holding a passport as a laborer not good for such American territory and who attempts to enter or succeeds in surreptitiously entering such territory. (Book, p. 62.)

Modifications of Proposition No. 4.

With regard to the fourth suggestion, it has not for one moment been contemplated that the holder of a passport should be deprived of any of his general rights thereunder, but only that the passport under the circumstances mentioned should not suffice to enable him to remain in American territory in violation of the conditions of emigration originally imposed by his own Government-that is to say, that successful evasion of the limitations imposed by the Government of Japan upon its own subjects should not be held to create a right to be relieved from those limitations. (Book, p. 87.)

RESPONSE OF JAPAN TO PROPOSITION NO. 4.

The Japanese Government holds that domestic control and restriction of emigration are purely administrative functions, and confer no power upon such Government to agree in advance that the evasion of such control and restriction at home, or the violation of similar laws or regulations abroad shall deprive the offender in toto of the protection guaranteed to him by treaty. (Book, pp. 85, 94.)

Measures for restrict

It is highly desirable, from the Japanese point of view, that any rigorous measures of restriction or control over Japanese immigration to the United States shall stop with the landing of the passenger, and that reliance be placed upon the effective administration of the precautionary measures adopted by the Japanese Government to prevent the occur(Book, p. 95.)

ing Japanese immigra. tion to stop with land

ing of passengers.

rence of fraud.

It is the intention, in every case in which the limitations placed upon the issue of passports are evaded, to refuse further applications made by the Penalty for evasion of limitations on issuance offending party and to extend such prohibition to the parents, wives, and children of the offender (p. 27).

of passports.

Japan has no objection, once a month, to the exchange of statistics covering incoming and outgoing Japanese (pp. 27, 34).

PROPOSITION OF UNITED STATES NO. 5.

In order to protect those laborers already legally within, respectively, the continental territory of the United States or the Hawaiian Islands to System of registra. distinguish them from those who are there in violation of their pass- tion for Japanese in the ports, and to protect them in their privilege of returning, after ab- United States. sence, to such residence, the Imperial Japanese Government to instruct its consular officers in such American territory to keep a register of Japanese and Korean laborers legally within their consular districts, and for the period of one year only, beginning January 1, 1908, to issue to each such laborer, upon application, a certificate of registration, with complete English translation, prepared on distinctive and durable paper, under seal, and visaed by the proper American authority and showing his name, age, sex, place of birth, date, and place of entry into American territory, number of previous passports, height, and physical marks or peculiarities; and to cooperate with the proper American officials in obtaining data when necessary for the identification of Japanese or Koreans engaged in labor. After the lapse of one year from January 1, 1908, the possession of the certificate above described to be regarded by the Japanese Government as the only and indispensable evidence that a Japanese or Korean is engaged in labor in the American territory concerned without violation of his Government's original passport, provided that in the Hawaiian Islands passports need not be replaced by certificates during one year after the arrival of those laborers to whom passports may be issued within the annual limit of 1,000. (Book, pp. 62-63.)

Modifications of Proposition No. 5.

With regard to the fifth suggestion, the need for identification therein contemplated exists only in the case of those engaged in manual labor, Need for identification and in no case would a nonlaboring Japanese be concerned. The of manual laborers only. United States does not wish to press the ideas contained in said suggestion to a disagreeable extent, but entertains the hope that the Japanese Government will provide in some way of its own for a systematic preservation of data as to its subjects who come to the United States and thus aid the United States to prevent violation of the limits fixed by Japan upon emigration. The United States suggests that it has recently put into operation a system of registration of its citizens in all foreign countries. (Book, p. 87.)

RESPONSE OF JAPAN TO PROPOSITION NO. 5.

The Japanese Government does not regard the system of registration proposed as either desirable or practicable, and is not in the least favorably inclined toward it. (Book, pp. 85, 94.)

It is desirable that the plans to control emigration, so far as Japan is concerned, shall stop at the landing of the passenger. (Book, p. 95.)

The Japanese Government intends to establish, as soon as possible, a system of registration of Japanese residing in United States, similar to that now used by the American Government with regard to its citizens living abroad; but it is not willing to agree that failure to register as a reason for forfeiting residential rights (p. 28).

The Japanese Government does not believe a system of registering at ports of arrival in United States is feasible, because of the serious detentions that would result, and for the further reason that such registration in many cases would not be final, as parties would be destined to other consular districts (p. 34).

Although the Japanese Government is unable by direct means to compel emigrants to register, indirect means can be employed to make it highly desirable that emigrants shall do so; for example, by refusing to issue to those who do not register certain consular certificates the possession of which is highly desirable under Japanese law (pp. 34, 35).

to be returned either at

PROPOSITION OF UNITED STATES NO. 6.

The Imperial Japanese Government, in enforcing the purposes of its passports and of the certificates above mentioned, to cooperate with the GovLaborers fraudulently entering United States ernment of the United States, and, by such system of surety or other expense of steamship arrangement as it may deem proper, to join in compelling the steamcompany concerned or of ship company concerned to return at its own expense, within three years of his arrival, any Japanese or Korean person who in entering or laboring in American territory has violated the conditions of his emigration; or in any event, and at any time when it is found that such person has violated the conditions of his emigration, to share equally with the United States in the expense of returning such persons. (Book, p. 63.)

both Governments.

Modification of Proposition No. 6.

With regard to the sixth suggestion, the United States is easily able to impose upon companies whose steamships touch American ports the duty of returning at any time within three years aliens who enter American territory in violation of American law. By existing agreements this duty is assumed also by British lines to Canada. The Government of the United States hopes that the Imperial Japanese Government, upon reexamining the technical legal bearings of this question, may after all find it possible either to induce the Japanese steamship companies to join in such agreements, or else may discover administrative means to obtain the cooperation of the companies. (Book, p. 88.)

RESPONSE OF JAPAN TO PROPOSITION NO. 6.

In order to compel steamship companies to carry back without expense to the Japanese Government any emigrant who has violated the regulation, legislation would be necessary; and the Japanese Government has no hope that such legislation could be passed. (Book, pp. 85, 94.) This seems to be the final reply to proposition No. 6.

ADDITIONAL PROVISION AFFECTING ALL PROPOSITIONS.

The Japanese Government intends to take measures regarding the emigration of Japanese laborers through foreign territory adjacent to the United States which, in its opinion, will effectually remove all cause for complaint on that account. (Book, p. 86; see also Mr. O'Brien's comment, Book, pp. 91, 99.)

No. 51648/4.]

II.

Mr. Straus to Mr. Root.

DEPARTMENT OF COMMERCE AND LABOR,

Washington, January 22, 1908.

SIR: Upon the receipt of your letter of the 10th instant, I procured from the Bureau of Labor a copy of the translation of the Japanese Laws and Regulations Relating to Emigration, which I have examined with interest.

Inclosed, I have the honor to transmit three copies of a memorandum prepared in the Bureau of Immigration and Naturalization covering a comparison between the statistics of emigration, attached to the said translation as an addenda, and the statistics of Japanese immigration compiled in said Bureau. No comment, further than that given in the memorandum, seems

necessary.

Considering the Japanese emigration laws and regulations in so far as they seem to have any bearing upon the enforcement of the United States. immigration laws and the policy put into practice under the President's proclamation of March 14 last, the following comments seem appropriate :

It is evident that a careful and rigid enforcement of the Japanese law and regulations would make possible a close supervision and effective control upon the part of the Japanese Government of the emigration from Japan and Korea of the laboring classes, the system of passports required being apparently sufficiently detailed and explicit to insure the refusal of the privilege of emigrating to any person whom the Government is desirous. of retaining in his native country. In this connection, however, it would be interesting to know what measures are observed to prevent the embarkation at Japanese ports of those who are not in possession of the evidence of the Government's consent to their emigration.

The penalties imposed by the law for violation of its various features. on the part of emigrants and emigration agents appear to be severe enough to produce valuable deterrent results; but, in so far as those penalties apply to persons located in countries foreign to Japan, it is not understood how they can be enforced. Moreover, in the absence of any information as to the extent to which prosecutions are employed in Japan, the value of the penal clauses is necessarily largely speculative.

It is evident that the term "emigrants," as defined by the law and regulations, covers practically all the classes of persons in whose immigration the United States Government is interested; and it is also apparent that the definition given the term "laborer" is substantially in agreement with that set forth in the regulation of this Department designed to give the act of February 20, and the proclamation of March 14, 1907, force and effect.

It is quite interesting to note the minute particularity with which the Government of Japan undertakes, by means of its law and regulations, to insure the possession by it of current and accurate information with regard