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THE EVENING STAR, WASHINGTON, D. C, THURSDAY, JUNE 19, 1924. 3 EXCLUSION IS CLOSED| ISSUE, TOKIO IS TOLD| Hughes, Replying to Protest, Kind- i 1y, But Firmly, Upholds U. S. | Right to Act. DENIES ANY PACT BROKEN Explains This Government Drops “Gentlemen’s Agreement.” The American government has re- plied to the Japanese protest against the exclusion provision of the immi- gration act in a note examining at length the position taken by that government, but admitting no ques- tion as to the right of Congress to take into its own hands the nation’s govereign power to control immigra- tion through its borders. The com- Iser orqnd epwwt W uoneatunut night simultaneously by the State De- partment and through the foreign office in Tokio. C 1 and friendly in tone, the reply at the same time <es it clear that the United States has at no time assumed any obliga- tion, written or implied, upon which ie exclusion provision trespasses Called Closed Incident. Secretary Hughes points out in the note, which is generally construed as demonstrating the view of the Wash- ington government, that the exclu- sion law is a closed incident, with no attempt to modify its terms to be expected; that the action taken is “mandatory upon the executive branch of the government and allows no lati- tude for the exercise of executive dis- cretion as to the carrying out of the lemiglative will expressed In the stat- Expressing pleasure the *“friendliness and candor” of the pro- test communication delivered to him ‘|)\ Ambassador Hanihara, and giving assuranc of the readiness of the American government to consider it in “the same spirit,” Secretary Hughes then proceeds to an analysis of the exclusion provision in its application to_all aliens ineligible to citizenship. _Taklnx into account the excep- tions provided, the Seeretary sa the provision “does not differ greatly its practical operation, or in the pol icy which it reflects, from the under. standinz embodied in the gentlemen's agreement.” Expressing appreciation of Jap co-operation in carrying out this tablished policy,” the ndeed, the appropri- of that pol has bheen con- rather than questioned by the voluntary action of your government in aiding in its execution.” Upholds Right to Act. Stating briefly the position of the American government, Mr. Hughes declares it does not feel that “by vir- tue of the existing understanding (the gentlemen's agreement) or of the negotiations it has conducted in the past with the Japanese govern- ment, it has in any sense lost or impaired the full liberty of action which it would otherwise have in the matter.” The note then cites provisions of the commercial treaties entered into between the two countries and the negotiations relating thereto. to show that the sovereign right of freedom in the control of immigra- tion has always been “fully re- served” by the American govern- ment. The Japanese over government is ad- vised that, from the effective date of the exclusion provision, July 1, 1924, the Washington government must consider it as released from any further obligation under the gent agreement SPECIAL NOTICES. THE DISTRICT OF (OLUMBIA BOARD OF examiners in veterinary medicine will hold examinations for lic to practice on June 23rd and 24th. in the boardroom of District ding. 14th P . [ TWO MORE DA TH lawn fete, 16th and Park road. Thursday and Friday evening. Fun for all and all for fun. T WILL NOT DE RESPONSIBLE FOR ANY debis contracted after June 19, 1 person other than myself. WELCH, 805 11th_st. 5. WAR N MORTGAGE & DI PORATION.—0u June 10, . the directors of this company declared a dividend on the preferred stock at the rate of eight per ceat 18%) per annum and a dividend on fhe com- mon stock at the rate of $4 per share per anoum, pasable on the 2nd day of July, 1924, on all sums paid on account of said stock from the date of said payments, to the stock- holders appearing of record at woon on June 14, 1024, Said dividends being: the equivalent 10 a rate of 9.6 per cent. JAMES D. HOBBS Treasurer. NFIDENTIAL INVESTIGATIONS ON PER. matters by 2 compefent operatives of Address Box 203-A, Star office. * ER THIS AD IF to oil for next P I i Geo. AL r. Col 4796. 710 Morton at. n.w., formerly head tuner or_Percy §. Foster and Knabe Co. WINDOW SCREENS. All xinds of remodeling and E. F. SCOTT. Potomac 2424. WANTED—TO BRING A VANLOAD OF FU niture from New York. Philadelphia, bem and Easton, Pa.: Wilmiogton and Richmond. TRANSPER A! 00 COPIES would feel better if it were cleaned and renovated. BUT_IT SHOULD RE_DONE PROPERLY. BEDELL’S MATTRESS FACTORY Phone Main 362 610 E St. Men Who Know Roofs ~—Just phone us and we will examine your roof and tell you its condition. Do it now. TRONCLADZZRE, eion e A, ZICHTL & CO. 1005 E St. BOOKINDERS { Will bind your books i during the summer ' Call Phone Main 604 Lowest prices—SuEerior work. A Million Dollar —printing plant, with every modern facility. Let us “print it” for you. The Nationgl Capital Press W. BUY Pmu-m nfiz\.INGAwA —on & quality Dasis at this quality print shop. HIGH GRADE, BUT NOT HIGH PRICRD. BYRON S. ADAMS, SRR » 512 11th St Protec-Tin Roof Paint —saves the cost of two, sometisies three repaintings with common paint. Keeps gut rust abuolutely and guaranteed to last for years. We'll apply it. KOONS 2ogrmyg COMPANY _ Phonw Mpia 863 Achieving a Reputation —for doing most reliable Auto Repairing at Fair- 119 3rd 8¢ 8.W. | SLALS The text of the American reply to pan_follows: s Excellency Mr. Masanao Hanihara, Japanese Ambassaddr. “Excellency: “I_have the honor to acknowledge the receipt of your note under date of May 31, containing a memorandunt stating 'the position of the Japanese government with respect to the p vision of section 13 (¢) of the immi- gration act of 1924. in noting your reference to the friendliness and candor in which your communication has been made “and you may be assured of the readiness of this government to consider in the same spirit the views you have set forth. “At the time of the signing of the immigration bill the President issued a statement, a_copy of which I had the privilege of handing to you, glad- 1y recognizing the fact that the en- actment of this provision ‘does mnot imply any change in our sentiment of admiration and cordial friendship for the Japanese people, a sentiment which has had and will continue to have abundant manifestation Per. mit me to state briefly the substa of the provision. Section 13 (c) lated to all aliens ineligible to citl zenship. tions, Pid to these c the v\'!‘;- sion provision does not apply, to-wit: Non-Immigrants Defined. “Those who are not immigrant sas dn fined in section 3 of the act, that is « l) a government official, his family, attend- ants, servants and employes, (2) an in any wayyalien visiting the United States tempo- ¢ for rarily as a tourist or temporarily business or pleasure, (3) an alien in continuous transit through the United States, (4) an_alien lawfully admitte to the United States who later Lfl'rs‘\:; transit from one part of the Unites Stafes to another through foreign “‘“,V tiguous territory, .‘1 bona ‘X\:h- .rl;;: seama serving as such on & E s a. port of the United ies and secking to enter temporarils the United States solely in the [)lur:LA;t 'l'“ is calling as a seaman and (8) a Tien entitied to enter the 1 nited States Solely to carry on trade under and it pursuance of the provisions of a present existing treaty of commerce nd na B4 Phose who are admissible as non- quota_immigrants under the proviss ions of subdivision (b), (d) or (e) : section 4—that is, ‘(b) An |mmd» grant previou lawfully adrmnr» fo the United States, who Is return- ing from a temporary visit abroad': “(d) an_immigrant Wwho continuously for at least two vears immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purs pose of, carrying on !h» vocation of minister of any religious denoming tion, or professor of a college, ac (I emy, Seminary, Or university: an his wife and unmarried ('hxldn.n under cighteen years of age, If ac- companying or following to join him; or (e) an immigrant who is a bona fide student at least fifteen vears of age and who seeks to enter the United States solely for the purs pose of study at an accredited school, college, academy, seminary or uni- Versity, particularly designated by him_ and approved by the Sccretary of Lahor, which shall have agree to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any Such institution of learning fails to make ch reports prnmr\ll_‘.' the ap- shall be withdrawn. 'Aiso, the wives, or unmarried chil- dren under eighteen vears of age, of immigrants admissible under subdi- vision (d) of section 4, above quoted. Japan Recognizes Rights. It will thus be observed th::. aking these exceptions into account, differ greatly in its practical opera- tion, or in the policy which it re- flects, from the understanding em- bodied in the gentlemen's agreement under which the Japanese govern- ment has co-operated with the gov- ernment of the United States in pre- Venting the emigration of Japanese laborers to this country. We fully and gratefully appreciate the assist- ince which has thus been rendered by the Japanese government in the carrying out of this long-established policy and it is not deemed to be necessary to refer to the economic considerations which have inspired it. Indeed, the appropriateness of that policy, which has not evidenced any lack of esteem for the Japanese people, their character and achieve- ments, has been confirmed rather than questioned by the voluntary action of your government in aiding ite execution. . The point of substantial difference between the existing arrangement and the provision of the immigration act is that the latter has expressed, as the President has stated, ‘the de- termination of the Congress to exer- cise its prerogative in defining by legislation the control of immigration instead of leaving it to international arrangements.’ It is not understood that this prerogative is called in question, but, rather, your govern- ment expressly recognizes that ‘it lies within the inherent sovereign power of each state to limit and control immigration to its own do- mains,’ an authority which it is be- lieved the Japanese government has not failed to exercise in its own dis- cretion with respect to the admission of aliens and the conditions and lo- cation of their settlement within its borders. While the President would have preferred to continue the exist- ing arrangement with the Japanese government, and to have entered into negotiations for such modifications as might seem to be desirable, this government does not feel that it is limited to such an international ar- rangement, or that by virtue of the existing understanding, or of the ne- gotiations which it has conducted in the past with the Japanese govern- ment, it has in any sense lost or im- paired the full liberty of action which it would otherwise have in this mat- ter. On the contrary, that freedom with respect to the control of immi- gration, which is an essential element of sovereignty and entirely com- patible with the friendly sentiments which animate our international re- lations, this government in the course of these negotiations always fully reserved. 1894 Treaty Quoted. “Thus in the treaty of commerce and navigation concluded with Japan in 1894 it* was expressly stipulated in article II: ‘It is, however, understood that the stipulations contained in this and the preceding article do not in any- way affect the laws, ordinances or regulations with regard to trade, the immigration of laborers, police and public’ security, which are in favor or which may hereafter be enacted in either of the two countries.’ “It is true that at the time of the negotiation of the treaty of 1911 the Japanese government desired that the provision above quoted should be eliminated and that this government acquiesced in that proposal in view of the fact that the Japanese gov- ernment had, in 1907-8, by means of the gentlemen's agreement, under- taken such measures of restriction as it was anticipated would prove adequate to prevent any substantial increase in the number of Japanese laborers in the United States. In connection with the treaty revision of 1911. the Japanese government renewed this undertaking in the form of a declaration attached to the treaty. In acquiesing in this proce- dure, however, this government was careful to negative any intention to derogate from the full right to ex- ercise in its discretion control over immigration. In view of the state- ments contained in your communi- cation with respect to these negoti- ations I feel that I should refer to the exchange of views then had, You .will recall that, in a memorandum of October 19, 1910, suggesting a basis for the treaty revisions then in contemplation the Japanese embassy * * The measures which the im- perfal government have enforced for the past two and a half years in regulation of the question of emi- gration of laborers to the United States, have, it is believed, proved entirely satisfactory and far more ef- est Prices. Give us a trial. R. McReynolds & Son Painting. Slip Covers and Tops. Bt OB A T Ay fective than any prohibition of im- migration would have been. Those measures of restraint were under- taken voluntarily, in order to prevent any dispute or issue between the two 1 take pleasure | | will It establishes certain excep- | TEXT OF SECRETARY HUGHES’ NOTE TO JAPAN ON EXCLUSION countries on the subject of labor immigration, and will be continued, it may be added, so long as the con- dition of things calls for such con- tinuation. Treaty Revision Proposed. “‘Accordingly, having in view the actual situation, the imperial govern- ment are convinced that the reserva- tion in question is not only not nece: sary, but that which, if continued, is more liable to give rse to misunderstandin than to remove difficulties. In any | case it is @ stipulation which, not un- naturally, is distasteful to national sensibilities. In these circumstances the imperial government desire in the new treaty to suppress entirely the reservation above mentioned, and to leave, in word as well as in fact, the questiol® to which it relates, for friendly adjustment between the two governments independently of any conventional stipulations on the sub- ject. In expressing that desire they are mot unmindful of the difficulties under which the United States labor in the matter of immigration and they accordingly, if so desired, be willing to make ‘the proposed treaty terminable at any time upon six months' notice. “‘The Japanese embassy is satisfied that in the presence of such a termi- nation clause the contracting .states would actually enjoy greater liberty of action, so far as immigration is concerned, than under the existing reservation on the subject, however liberally construed.; “Replying to these suggestion, the Department of State declared in its memorandum sent to the .Japa- nese ambassador on Japuary 23, 1911, that it was prepared to enter into negotiations for a new treaty of commerce and navigation on the fol- lowing basis: “The Department of State under- ands, and proceeds upon the under- anding, that the proposal of the Japanese government made in the above-mentioned memorandum is that | the clause relating to immigration in the existing treaty be omitted for the reason that the limitation and con- trol which the imperial Japancse government has enforced for the past two and a half years in recog- nition of emigration of laborers to the United States, and which the two governments have recognized as a proper measure of adjustment under all the circumstances, are to be con- tinued with equal effectiveness dur- ing the life of the new treaty, the two governments when necessary co- operating to this end: the treaty to be made terminable upon six months' notice, “‘It is further under: Japanese government of signature of the formal declaration to the above effect, which may in the discretion of the | government of the United States be | made public. Must Respect Congress’ Act. *‘In_accepting the proposal as basis for the settlement of the que: tion of imigration between the tw countries, the government of the United States does so with all neces- sary reserves and without prejudice to the inherent sovereign right of either country to limit and control We Confessi In the last million blades produced by our factory, a bad one slipped by our tnspection Department. This was inexcusable, ana we hope that the man who finds it will let us square ourselves by advising us at once. Marvelous New 0od that the 1 at the time treaty make a Double-Life Blailes Use GEM Safety Rasors We Will Build for You a Distinctive GARAGE —and you pay for it as rent— Pay As Low As $5 DOWN $7 MONTH BUNGALOWS GARAGES ASHINGTO CONSTRUCTION CQ. CONTINENTAL PHONE I TRUST BLDG. MAIN 7984 Prices Paint and Varnish FREE 10c package Steel Wool free with each purchase amouuting to 50c or more. “Certainteed” at. Oytside White ’ $110 igh-grade, good cov- ering quality. Flat Wall Paint....... 85, §2.85 ec 2 $1.10 €5 Deck Paint. . For the porch. Floor Varnish, No. 186 9%0c_ $3.00 Dries, dust-free, in from 3 to 5 hours and hard in from 12 to 15 hours. Quality Brushes for Paint or Varnish Vulcanized in rubber. 1-inch, 17c; 2«inch, 29¢; 3-inch, 49¢ Varnish Stains. $2.75 Stops Roof Leaks “Certainteed” Roof Paint 1 gallon covers 300 square feet, two coats, $1.50 Gallon EXPERT PAINT ADVICE FREE MUTH Quality Bince 1865 ‘Wholesals Phone Main 6388 Betail gL $3.90 it is an engagement | 710 13th St. N.W. immigration to its own ‘domains or posfessions.’ “On February 8, 1911, in a memo- randum informing the Department of State of the readiness of 'the Japa- nese government to enter upon the negotiations which had been suggest- ed by the embassy and to which the department had assented, subject to the reservation above quoted, the Japanese embassy stated that: “The imperial government concur in the understanding of the proposal re- lating to the question of immigration set forth in the above mentioned note January 23 last’ It was thus with the distinct undérstanding that it was without vrejudice to ‘the inherent 'sovereign ht of either country to limit and control immigration to its own domains or possessions that the troaty of 1911 was concluded. While this government acceded to the a rangement by which Japan under- took to enforce measures designed to obviate the necessity of a statutory enactment, the advisability of such an_enactment necessarily remained within the legislative power of this Eovernment to determine. As this power has now been exercised by the Congress in the enactment of the provision in question, this legislative action is mandatory upon the execu- tive branch of the government and allows no latitude for the exercise of ecutiva discretion as to the carrying out of the legislative will expressed in the statute. Hope for Mutual Good Will. “It is provided in the immigration act that the provision of section 13 (c), to which you have referred, shall take effect on July 1, 1924. Inasmuch as the abstention on the part of the United States from such an exercise of its right of statutory contfol over immigration was the condition upon which was predicated the undertak- ing of the Japanese government con- tained in the gentlemen's agreement of 1907-08 with respect to the regu- lation of the emigration of laborers to the United States, I feel con- strained to advise you that this go: ernment cannot but acquiesce in the view that the government of Japan is to be considered released, as from the date upon which section 13 (o) of the immigration act comes into force, from further obligation by virtue of that understanding. “In saying this 1 desire once more to emphasize the appreciation on the part of this government of the vol- untary co-operation of your govern- ment in carrying out the gentlemen's agreement and to exprese the convic- tion that the recognition of the right of each government to legislate in control of immigration should not derogate in any degree from the mu- tual good will and cordial friendship which have always characterized the relations of the two countries. ceept, excellency, the renewed assurances of my highest considera- tio; “(Signed) CHARLES E. HUGHES." RETALIATION OFPPO! Church and Business Interests Tak- ing Up Fight. By the Amsociated Press. TOKIO, June 19.—The more re- sponsible elements of Japan are u.k; ing up the fight against the boycot of American goods and the demand for the expulsion of American mission- arles from the country, inaugurated as a protest against exclusion of Japanese immigrants from America. The Yokohama Exporters’ Associa- tion, a Japanese organization, has passed a resolution condemning the proposed boycott. The National Christian Council, the governing body of all the Protestant “mission” native churches, has de- clared its opposition to the move- ment to expel missionaries and di- vorce the native churches from the American missions. Japanese Chris- tlans were in the majority at the meeting and made this declaration: “We desire the missionaries to re- main at their posts unhampered dur- ing their evangelistic work until their mission Is fulfilled.” They also ex- pressed their desire to continue to co-operate with American Christians. No Protest in Prospect. It is learned authoritatively that Japan does not now contemplate an- other “solemn protest” such as that recently presented to the Washing: NEW YORK’S GRERT GOD is Four-Flush. This is the idol in front of which a million- footed city genu- flects---says 0. 0. McIntyre. in duly osmopolitan Now On Sale Don’t Weaken We know you hate going through an- other summer in a STUFFY FLAT—So do you. Try Home Living in UR]EITH At 36th and R Sts. N.W. Moderate Priced Homes That Even Rich Men Are Buying. To Inspect By auto—Drive across the Q Street Bridge, turn north one block to R Street and drive due west to 36th Street (right next the Western High School). Or take P Street car to 35th Street and walk north to R Street, or Wisconsin Avenue car to R Street, and walk west to 36th Street. 2345 for auto to take you out. I HANNOI\L; Or call Main & LUCHS Realtors Ouwners and Builders. Just Around the Corner from Grant Circle —gives you an opportunity to buy a high-class home at a moderate price Our Terms Are Liberal 311 Webster St. N.W. Open and Lighted Until 9 P.M. DAILY and SUNDAY Don’t Put Off Seeing It TO INSPECT Take 16th S bus, marked “lowa Ave. and Grant Circle,” to Webs! St., or 9th St. car, marked “Soldiers’ Home,” to 3rd and Upshur, and walk north _ to Webster Street. D. J. DUNIGAN 1319N.Y. Ave. Phone Main 1267 toh government, though it is prob- able that a note will be sent shortly acknowledging the receipt of Secre- tary of Btate Hughes' reply. The Associated Press 1s informed reliably that Japan does not desire to keep the matter in a controversial status at this time, when Japanese leaders realize it is futile to try to alter the exclusion situation until after the American elections. Any communication sent now or in the near future, it is understood, prob- ably will be for the sole purpose of leaving the issue in such a status that it can be taken up again when more propitious circumstances offer. Japanese officials publicly approve the note's “candor and friendliness,” but obviously some disappointment as to its tenor exists. Coupled with in- dications of this are evidences of appreciation for the “difficulties” of Secretary Hughes. If there is some disposition to regard the note as “lame,” there is also a realtzation that it was Congress and not Mr. Hughes' own inclinations that crip- pled the writer. Several sections of the press have been urging emigration on a large scale to Mexico since the abrogation of the gentlemen's agreement. The government still is undecided on this question, it is stated authori- tatively. Japan feels that there is no further obligation to restrict emigra- tion to Mexico, but, as one authority sald: “We have not hinted that the cessation of this obligation means we Will throw the reins on the horse's neck.” \Reliable information is that the government, when it reframes its Mexican immigration policy, will B T SV WIENOIBY TaxEe woooiey. RoAd BUS TO S4™ STREEY =OR MOTOR QUT EITHER MASSACHUSETTS OR WOODLEY ROAD TO 347" STREET. S eeeeneee BUS ROUTE keep the neceasity for continued friendship with the United States in full view, and may continue to re- strict the issuance of passports to emigrants bound for Mexico, not as an obligation, but as a policy. $9,280,595 SUBSCRIBED FOR HARVARD EXTENSION Bishop Lewrence Tells Alumni of Plans for Apportioning Funds for Werk. CAMBRIDGE, Mass, June 19.— Pledges totaling $9,289,595 as a result of the campaign for the extension of the national service of Harvard Uni- versity were announced by Bishop William Lawrence, chairman of the campaign committee, at the alumni meeting today. This will be divided among the graduate school of busi- ness administration and the depart- ments of chemistry and fine arts. The donors of the largest amounts have been announced previcusly. With regard to the gift of $5,000,000 by George F. Baker of New York for the business school. Bishop Lewrence said that the committes had suggest-, ed that he subscribe a million dollars, but that, after consideration, he had said that if by giving $5,000,000 he could have the privilege of building the whole school he would, like to do it. The school hereafter is to be known as the Harvard Graduate School of Business Administration, eorge F. Baker Foundation. REFUSES TO TESTIEY. - X Greer Fears Story Might Refleft on Mabel Normand. LOS ANGELES, Calif, June 19.— Arguments in .the trial of Horace Greer, chauffeur, charged with at- tempting to murder Courtland 8. Dines at the latter's apartment New ;’ea.r night, were near completion to- ay. They began abruptly vesterday when Greer unexpectedly refused to testify, declaring he would rather go to prison than say anything which might reflect on Mabel Normand, his former employer and one of the mo- tion picture actresses with Dines when the shooting occurred. p) Sborthand A ing only, secretarial, aad GVl "SERVICE reparatory, day or evenin; rates, $8 to $24 TooRthly: o Bdrance payment: Bmall class groups and individoal truction. Classes now forming. Refs. required from all stu- dents. Admission by written application only. WASHINGTON SCHOOL FOR SECRETARIES 231 Transpor! Bldz.. 17th and H Sts. * FLAT TIRE? MAIN 500 LEETH BROTHERS Service Charge Never Over SLo® A Cool Rude There are few more Plefl!ant rides or drives to be taken in the evening after dinner than out Connecticut Avenue Boulevard and through the cool, shaded reaches of Woodley Road to the incomparable English Pillage EXHIBIT HOUSE 3321 Cleveland Ave. Open and lighted ’til 9 p.m. . And you cannot help but be delighted with the charming modern Homes that comprise this select community. Situated in the midst of Washington’s most palatial residences and beautifully laid out estates, the most that can be said of them is that they are fully in keeping with their environment. They have— Eight large rooms. Three fine baths. Built-in garage. closed breakfast porch. Cheery fireplace. In- And numerous individual touches of modern home com- $16,500 Up 1430 K Street clothing. in our cases. WAR the thermometer says. Moderate Terms Tens 1319-1321 F Street STORE NEWS Suits of Calcutta Seersucker...... The Genuine Palm Beach........ Both Light and Dark Colors. The Genuine Linen Crash. ....... Either White or Tan. The Genuine Silk Mohair......... Superfine Grades at $25. D/MMA N Main 3830 8 AM. to 6 PM. “Fashion Park” and “Stratford” Clothes Never’ll Notice the Heat We can dress you for COMFORT—no matter what It’s just a matter of the right Our summer clothing is RIGHT—and the prices are RIGHT. Quality and perfect tailoring’ make the man who wears our suits look smartly dressed. Just come in and decide what’s going to suit you best after you’ve looked through the best stock that ever hung s 1 $12.50 $15.00 $15.00 $20.00 The Wonderful “Aerpores”. ........... $25.00 This is the feather-weight material of Australian wool, silk trimmed and beautifully finished—the lighest, smart- est suit a man can buy. White Duck Trousers.........c........ Linen Knickerbo_ckers. TR Cricket Cloth Trousers................ $2.50 $8.50 White English cricket cloth, cut with medium or wide bottoms