811.5294/95
Memorandum by the Secretary of State
The Japanese Ambassador called upon me at my invitation this morning and I conferred with him at considerable length on the question of the proposed initiative legislation in California, and the larger question which it raised of the effectiveness of the Gentlemen’s Agreement and the treatment of Japanese aliens resident in California. Mr. Morris, our Ambassador to Japan, was present at the interview.
I expressed to him the disappointment of our Government that the voluntary action of Japan in refusing hereafter to issue passports to “picture brides” had not served as the Department had at one time hoped to prevent the initiation of amendments to the California [Page 15] land law. I told him that there was considerable doubt in the minds of many as to the legal validity of these proposed amendments, or at least some of them, as well as to the legislation of 1913, and I expressed the hope that an early opportunity would offer to test this entire body of legislation in our Courts; and that I would welcome his cooperation to that end. I ventured the opinion that the people of California were prepared to accord fair treatment to Japanese residents provided they could be assured for the future of an effective total exclusion beyond that now provided by the terms of the Gentlemen’s Agreement.
I told him that I would be glad to direct Ambassador Morris to take up with him informally but in detail the whole question of modification of the Gentlemen’s Agreement which would render exclusion more complete and more effective; and I requested him to inquire of his Government whether they would consider granting to him generous powers to confer with Ambassador Morris to this end.
I concluded by stating that I would await with interest any results of such full and frank discussion between him and Ambassador Morris. I also explained to him the constitutional limitations which made it inexpedient and impracticable for the Federal Government to interfere in the initiative legislation now presented to the people of California.
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