The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-20
TREATY Is SUPREME
international Law Congress
Takes This Position.
MR.. ROOTS VIEW ENDORSED
Distinguished Speakers Review
Great Problems Growing Out of
the Acknowledgement situation.
other Questions of Worldwide
scope Observation-Disclosures Tonight.

a treaty is LHe supreme law OF the &dfid.
State constitutions, acts of State legis-
latures, and all questions of State rights
are PROSTATE before the treaty-making
power constitutionany invested in the
President and the Senate.
To this doctrine stand subscribed, with
scarcely a dissenting voice. the members
Of the American Society Of international
Law. as evidenced by the addresses and
discussion that marked the opening yes
terday Of the new national organizations
first annual meeting. held at the New
Willard.
Secretary o. State Root president OF
the society, FIRST championed the para
mount power of Federal treaties in an
able address delivered at the opening OF
morning session, and IN the evening when
the topic, THE right Of foreigners I'm the
United States tn case Of conflict between
Federal treaties and State laws" was dis
cussed. the members. with one exception,
went on record as advocates of this doe
tTine Of international law
At least there was no expression of
opposing views, except In the instance Of
Prof Theodore ID. Ton. of the Boston Uni
yersity Law School. who read a paper.
in which he supported the attempt of the
san Francisco school board 10 segre-
gate japanese students.
Japanese Ambassador Interested.
The discussion Of this question Of state
laws versus Federal treaties. had direct
reference TO the recent diplomatic adj
justment between Japan and the United
States Of the San Francisco school sit
uation. That the japanese representa-
tivcs in this country are sull interested
In the question was manifested by the
attendance upon the evening session OF
Ambassador AOh and members OF his
stan They sat silently absorbing every
word OF argument advanced by the bril-
liant legal minds but although the adj
dresses were followed by opel discussion
Of the question the Island Emperor
representatives refrained from taking add
vantage of this opportunity 10 add to thc
comment
Secretary Root opened the morning sea-
sion by welcoming the distinguished body
Of legal lights and introducing Commits
sioner Macfarland, who, on behalf OF the
local government, spoke of the honor con
ferred on Washington in being chosen as
the meeting place of the society. After
the Commissioner address Mr.. Root
spoke at length upon the supreme right
of the treaty power of the United States
over that OF any individual State. He
cited many decisions in support of his
position. bat said that the legal question
of the rights OF the Federal government
was not the most important feature OF
! the japanese controversy, 1t vas more a
question as TO whether the cordial rela~
tons between the two countries were 70
continue or whether they should look at
each other with suspicion and hatred.
Secretary Roots Position Endorsed.
The evening topic brought out addi-
tional expression of views upon this Ques-
ton. Charles Noble Gregory, Of New
| York City, was the first speaker intro
duced by the chairman, Hon John W
Foster. Mr.. Gregory covered the ground
/ in a most thorough manner, taking the
viewpoint that the topic savors Of consti-
tutional law. as Well as international. He
referred to the earliest discussions that
arose on this subject in the years just fol-
| lowing the adoption of the Constitution
with its treaty making clause. In coming
down to the present time Mr.. Gregory
cited case after case in which the Federal
land State courts have upheld the power
of treaty rights.
| Mr.. Gregory presented a sUppOsitiOus
situation in which the United States had
! been CTushingly defeated In warfare and
/ was about 20 make treaty terms with the
victorious nation. The speaker set forth
| the view that if the President and the
! Senate should Cede a part Of the whole
/ State to the victOrs. or make the Jap
| anese Emperor ex-officio governor Of Cali
/ fornia, or the King of England eX-offlciO
mayor OF Boston. even IN such extreme
/ concessions the treaty power of the
/ United States could not be impeached.
Mr.. Gregory closed without openly re-
| ferring TO the japanese school question,
but stated the opinion that the violation
| of treaty rights should be made crime,
punishable IN the Federal courts.
Prof Ion followed with a paper in
which he admitted the supremacy of the
| treaty-making power on almost all ques-
| tions, but expressed the view that the
| State has as much right to segregate Jap
anese and Chinese pupils as ii has
! negroes. Prof. Ion said that the treaty
Il rights were not imperiled by such action
I as segregation, where as much care and
pains was taken in the management of
i the segregated pupils as Of the native
II students. and was not discrimination
/ against those effected by the treaty.
William Draper Lewis. dean of the Uni
versity of Pennsylvania Law School,
spoke briefly upon the question, support
/ ing in the main the doctrine of Secre-
tary Root and W ". Willoughby. OF
/ John Hopkins University. and Arthur K.
/ Kuhn, of New York, closed the evening
with papers along similar lines.
i Rear Admiral c. II. Stockton. at the
/ morning session, opened the question
Would immunity from capture during
/ war of non-offending private property
! upon the high seas be in the interest OF
hciyilization?" by reading = paper set