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The United States and its nationals shall have free access to the Island of Yap on a footing of entire equality with Japan or any other nation and their respective nationals in all that relates to the landing and operation of the existing Yap-Guam cable or of any cable which may hereafter be laid or operated by the United States or by its nationals connecting with the Island of Yap.
The rights and privileges embraced by the preceding paragraph shall also be accorded to the Government of the United States and its nationals with respect to radio-telegraphic communication; provided, however, that so long as the Government of Japan shall maintain on the Island of Yap an 'adequate radio-telegraphic station, cooperating effectively with the cables and with other radio stations on ships or on shore, without discriminatory exactions or preferences, the exercise of the right to establish radio-telegraphic stations on the Island by the United States or its nationals shall be suspended.
In connection with the rights embraced by Article III, specific rights, privileges and exemptions, in so far as they relate to electrical communications, shall be enjoyed in the Island of Yap by the United States and its nationals in terms as follows:
(1) Nationals of the United States shall have the unrestricted right to reside in the Island, and the United States and its nationals shall have the right to acquire and hold on a footing of entire equality with Japan or any other nation or their respective nationals all kinds of property and interests, both personal and real, including lands, buildings, residences, offices, works and appurtenances.
(2) Nationals of the United States shall not be obliged to obtain any permit or license in order to be entitled to land and operate cables on the Island, or to establish radio-telegraphic service, subject to the provisions of Article III, or to enjoy any of the rights and privileges embraced by this Article and by Article III.
(3) No censorship or supervision shall be exercised over cable or radio messages or operations.
(4) Nationals of the United States shall have complete freedom of entry and exit in the Island for their persons and property.
(5) No taxes, port, harbour, or landing charges or exactions of any nature whatsoever, shall be levied either with respect to the operation of cables or radio stations, or with respect to property, persons or vessels.
(6) No discriminatory police regulations shall be enforced.
(7) The Government of Japan will exercise its power of expropriation in the Island to secure to the United States or its nationals needed property and facilities for the purpose of electrical communications if such property or facilities cannot otherwise be obtained.
It is understood that the location and the area of land so to be expropriated shall be arranged between the two Governments according to the requirements of each case. Property of the United States or of its nationals and facilities for the purpose of electrical communication in the Island shall not be subject to expropriation.
The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutions. The ratifications of this Convention shall be exchanged in Washington as soon as practicable, and it shall take effect on the date of the exchange of the ratifications.
IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.
Done in duplicate at the City of Washington, this eleventh day of February, one thousand nine hundred and twenty-two.
CHARLES Evans HUGHES (SEAL]
RULING BY THE DEPARTMENT OF LABOR HOLDING ILLEGAL THE
ENTRY OF “PICTURE BRIDES” INTO THE UNITED STATES **
The Japanese Embassy to the Department of State 11
In connection with a report that the Department of Labor made a new ruling communicated to the immigration authorities in Hawaii under date of April 22, 1922), to the effect that the so-called "picture marriage ” is illegal in the light of the Immigration Laws of the United States and that thus Japanese “ picture brides” coming to Hawaii shall not be exempted from the illiteracy test, information on the following points is desired:
1. Circumstances under which the new ruling has been established.
2. Is the new ruling applicable without distinction to picture brides and to women married under a similar system, coming from all foreign countries?
For previous correspondence concerning “picture brides ", see Foreign Relations, 1919, vol. II, pp. 415 ff.
Left at the Department, May 27, 1922, by the Japanese Chargé d'Affaires.
The Department of State to the Japanese Embassy
Referring to the memorandum from the Japanese Embassy in which inquiry was made in regard to a recent ruling of the Department of Labor to the effect that the so-called “ picture marriage” is illegal in the light of the immigration laws of the United States, the Department of State has been informed that the Department of Labor, under date of April 22, 1922, promulgated a decision on the principle involved in the recognition of so-called“ proxy marriages or marriages performed where one of the principals is in the United States and the other in a foreign country, and it has held that such marriages can not be recognized as valid for purposes of our immigration laws. This ruling the Department of State understands is. applicable to all races and nationalities.
WASHINGTON, July 17, 1922.
FAILURE OF THE LOAN PLAN OF 1921 TO RECEIVE THE SANCTION
OF THE AMERICAN CONGRESS:
The Secretary of State to President Harding
WASHINGTON, January 4, 1922. My Dear MR. PRESIDENT: The Legislature of Liberia convened on December 5. President King, who with his fellow commissioners arrived at Monrovia on the U. S. S. Denver on December 3, has doubtless already made public the details of the financial plan for aiding Liberia which was signed at Washington on October 28,2 and it seems likely that foreign interests not in favor of the plan will endeavor to obstruct it unless by timely action on the part of this Government, the loan provided for in the plan is made available at an early date. I do not wish to take any further steps in the matter until I have first laid it before you, thinking that you may prefer yourself to address the Senate Finance Committee and point out the necessity for prompt action.
It is incumbent upon us not to lose time because when this Government consented to receive the Liberian Commission, which was in the Autumn of 1920, the Liberian Government was informed that it was expected that a definite agreement could be reached which would be put into force without delay. Because of the time consumed in perfecting the plan, Liberia, in order to meet current expenses, has been forced to have recourse to the Bank of British West Africa. This Bank which has made certain advances states its determination to make no further advances after the present credits are exhausted, which will be about the first of March, 1922. After that date all Liberian revenues must go to the international receivership and to the Bank of British West Africa, and the Government will have nothing whatever with which to provide for its administrative expenses.
For previous correspondence regarding the Loan Plan, see Foreign Relations, 1921, vol. II, pp. 363 ff.
? Ibid., p. 370.
I enclose herewith a memorandum intended to show that Congress should without delay make available to Liberia the credit of $5,000,000 contemplated in the loan plan. Faithfully yours,
CHARLES E. HUGHES
Memorandum on the Necessity to Reestablish Promptly the Credit
of $5,000,000 for the Republic of Liberia
In appreciating the moral obligation of the Government of the United States to the Republic of Liberia, it should be pointed out that upon the entrance of the United States into the world war, Liberia made common cause with this country and the Allies against Germany. It was largely in consequence of this participation that the economic situation of Liberia was imperilled and that her Government was compelled to appeal for financial aid. In these circumstances the United States gave assurance that it would come to her relief as it had come to the relief of other nations fighting against Germany. Accordingly a loan credit of $5,000,000 was extended by the Secretary of the Treasury on September 9, 1918,4 under the authority of the Act of April 24, 1917 “to authorize an issue of bonds to meet expenditures for the national security and defense and for the purpose of assisting in the prosecution of the war to extend credits to foreign governments and for other purposes.” On September 12, 1918, the Government of Liberia was notified of the opening of this credit and negotiations were initiated covering the terms, service and general purposes of the loan. The plan drawn up was intended to safeguard the money so advanced by American administration of expenditures and collection of revenues, and also to provide for repayments of all monies due other foreign creditors, and thus cause their withdrawal from participation in the financial and other public affairs of Liberia. The Governments interested were informed of the opening of this credit, but for various reasons the loan plan was not submitted to the Liberian Government until June 15, 1920. The Liberian Legislature requested certain modifications in the loan plan, but it was clearly understood, both by the Liberian Government and by the Government of the United States that there was no question of withdrawal of the offer of the money already promised, the time when the credit should be made available merely depending upon the conclusion of a satisfactory agreement as to details of administration.
Replying [relying] on the assurance that the United States was ready to enter into a definite agreement, the President of Liberia
* See ibid., 1918, p. 537.