Anti-alien land legislation would appear to have become the fashion on the Pacific slope in 1921, the example set by California being emulated by Nebraska, Idaho, Oregon and Washington; the last two states, be it remarked, had systematically refused to make common cause with California during the past decade.
In the meantime, conversations were taking place at Washing- ton between Mr. Roland S. Morris, the American ambassador in Tokyo, and Baron Shidehara, the Japanese ambassador in Wash- ington, with the view of working out a formula which, whilst providing a practical solution of the unfortunate and compli- cated problem, would be at the same time acceptable to both nations. An agreement was reported to have been reached in Feb. 1021, and it appeared that it remained for the new Republi- can administration to give its assent in order that the desired arrangement might be put into actual operation.
There would appear to be some misapprehension with regard to the rights of foreigners in Japan to hold land and it has been stated that no such rights exist. This is not the case, as all per- sons, without discrimination, who are not Japanese subjects, ma'y enjoy absolute ownership of land, if they are formed and regis- tered under Japanese law as a juridical person, that is, as a part- nership or corporation. There are, in fact, many such corporations in existence in Japan, composed exclusively of aliens.
Foreigners are further permitted to acquire rights in land, other than ownership, on the same footing as Japanese nationals, the following being some of the most important of these rights.
1. Superficies. This is a right in rent by virtue of which land belonging to another person can be used for the purpose of owning thereon structures, trees or bamboos. It can be created even though no structures, trees or bamboos are actually in existence on such land, provided that the object and intention is to use the land for the purpose named. The law contains no limitation upon the period of time for which that right can be created, consequently a superficies for, say, 1,000 years will sell for a sum closely approximating to the value of a right of absolute ownership.
2. Emphyteutic. This is a right in retn to carry on agricultural or stock farming on the land of another person. The period of time for its duration is to be fixed by the parties concerned at not less than 20 years and not more than 50 years.
3. Lease in Perpetuity. This is a lease without limit as to its duration, and, for all practical purposes, it is as good as ownership. It was originally granted to foreigners within the Foreign Settle- ments for a nominal consideration paid to the Japanese Govern- ment. Although the Foreign Settlements were abolished in 1898, perpetual leasehold survives and is still enjoyed by foreigners.
4. Leasehold. This is a right in personam, effective only as between the parties concerned. When registered, however, it can be set up against third persons as the effect of such registration. The dura- tion period is fixed at 20 years, renewable for a further 20 years from the time of renewal.
The World War. No sooner had the World War broken out in 1914 than there took place several exchanges of views between the British and the Japanese Governments as to possible assist- ance by Japan in the protection of British trade in the Far East. Japan soon made it clear that she was prepared to take the re- sponsibility imposed upon her by the Anglo-Japanese Agreement of Alliance, should the menace by the Germans to British interests necessitate such a step. It was not long before such a contingency arose, and on Aug. 15 1914 the Japanese Government sent an ultimatum to Berlin demanding the immediate withdrawal of the German warships from Chinese and Japanese waters and the surrender of Kiaochow to Japan by Sept. 15, with a view to eventual restoration of the leased territory to China; a week was allowed to the German Government in which to make a definite reply. On Aug. 23, the term having expired without any answer being forthcoming from the Kaiser's Government, Japan declared war against Germany. In coming to this decision Japan remembered that it had been through the machinations of the Berlin Government that Germany, France and Russia acted jointly in 1895 in " advising " Japan in the name of peace in the Orient, and not without a hint of force, to retrocede to China the peninsula of Liaotung, which had been won by Japan at a heavy sacrifice of life and treasure and ceded to her under the Shimono- seki Treaty, and further that it was barely two years after that in- cident that Germany had installed herself at Tsingtao on a flimsy pretext. The Japanese nation welcomed the opportunity
of eradicating the German menace in the -East which owed its in- ception to such unfortunate circumstances.'
The Capture of Tsingtao. The first part which Japan took upon herself to play after she aligned herself with the Allies, was the reduction of the German stronghold in the Far East. Tsing- tao, on the bay of Kiaochow, had been converted in the hands of the Germans into one of the most impregnable fortresses in the Orient the " mailed fist " calculated to intimidate any possible objectors to the Kaiser's imperialist aims. It served at the out- set of the war as the only base of operations in E. Asia for the German marauders menacing the Allied trade routes. The five German warships forming the main part of Adml. von Spec's squadron had been running amok, not only in Chinese and Japa- nese waters, but as far as the South Seas. It was imperative to make these raiders homeless, if they could not be captured or de- stroyed, and the military and naval operations against the re- doubtable base, which was under the command of Capt. Meyer- Waldeck and garrisoned by some 13,000 men, of whom 5,599 were German regulars, were started with the utmost dispatch. On Aug. 27, the blockade of Kiaochow Bay was declared by the Japanese navy and Lungkow, 150 m. N. of Tsingtao, was chosen as the point for landing troops. The selection of Lungkow as the spot for disembarkation had been agreed upon between the Jap- anese and British commanders, who saw the necessity of clearing the hinterland prior to the landing of troops at some point nearer the fortress. However, the point being outside the zone of the leased territory, it was thought necessary to have a war zone established, following the precedent of the Russo-Japanese War, and negotiations with that view were started between the Jap- anese and the Chinese Governments as early as Aug. 20. An un- derstanding was soon come to between the two Governments, and the Peking Government issued a declaration establishing such a war zone on Sept. 3. The Chinese Government, in the meantime, intimated to the Japanese Government that it might nevertheless be found advisable to enter a formal protest to Japan against her troops' landing at Lungkow, for the sole pur- pose of exonerating themselves from ah 1 responsibility towards the German Government. Upon Germany's strong protest against permitting the Japanese troops to land in the neutral territory, the Chinese Government went so far as to point out that Germany herself had in a measure created the situation through her unauthorized fortification of Tsingtao.
On Sept. 2 1914, the Japanese division, under the orders of Lt.- Gen. Kamio, commenced landing at Lungkow, in the teeth of a heavy downpour of rain, which swelled into a terrible tempest and caused the whole district to be flooded as it had not been flooded for half a century; the advance of the troops was there- fore immeasurably hard and dangerous. They had to wade through muddy streams; their diet for days consisted of a hand- ful of millet. Despite such extreme adversity of circumstance, the vanguards arrived on the 1 2th at the smaU town of Chimo, where they encountered the enemy for the first time. In the meantime, the railway connecting Tsingtao with Tsinan, the capital of Shantung, was freely used by the Germans for military purposes. The crew of the Austrian cruiser " Kaiserin Elisabeth," who were on leave at Tientsin, were brought back to Tsingtao by means of that line, and war materials were incessantly transported into the fort by the same route. It was discovered that China not only winked at such acts of violation of her neutrality but actual- ly gave aid and comfort to the Germans. Japan made protests to the Peking Government but to no purpose; she was constrained to take over the operation and the safeguarding of the railway. The second Japanese contingent began to land at Laoshan Bay, within the leased zone, on Sept. 18 and soon established touch with the I. Army. The Japanese forces under Gen. Kamio thus amounted to about 22,980 officers and men and they succeeded in some ten days in wresting from the Germans several of their advanced positions. On Sept. 24, there arrived at the arena of campaign the British force, commanded by Gen. Barnardiston, consisting of 910 officers and men of the 2nd South Wales Borderers and 450 of the 36th Sikhs. After permitting the non- combatants to leave the fortress, the general attack on the posi-
