Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-09-04
NeapOlitan Consul to Argue
America Has Power to Deal
With Foreigners Estates
Who Die Here Leaving No
Wills.
SUPREME COURT TO
SETTLE MO0TED QUESTION
important Case Involving Con-
stitutiOnaI Proposition viii
Marx Opening Of Next Term
of Highest Court in Land,
Ipy Morning Journal Special Leased wire,


Washington. Sept 3,-One of tho
most serious attacks ever made upon
the treaty making power of the Unit
ed states win mark the opening of
the term of supreme court next
month.
The Italian government, through its
consul, will argue that the United
states posses broad enough treaty
making power to deal with the set
tlement of estates of foreigners who
die In this country without leaving
wills. Public officials from California
will contend that the federal govern
ment has no such power and will ask
the court TO do what II never yet has
done-declare treaty unconstitu-
tlonal.
More than twenty nations with
treaties similar TO the one between
the United states and italy await tho
decision of the court In many re-
spects the points involved resemble
the Japanese school question In Cali
fornia during the Roosevelt adminis-
| tratlon and said the decision would
control that subject should II ever
rise again.
| The case which the court will he
| called upon to consider concerns the
settlement of the estate OF Giuseppe
! Chic an Italian, who died In San Joa-
qun county California, without
win. but with $i.064 in a bank SAL
lvatore l.. Roccol Italian consul gem
eral In California, claimed the right
to settle the estate So did George +.
lThompson. public administrator In
San Joaquin county.
The Italian consul general said that
the treaty between the United states
and Italy in 1876 granted to italian
lconsular Officers In this country the
same rights accorded to those of the
most favored nation" Rocco went
back to 1859 and found treaty be-
tween the United States and the Ar
gentine republic In which he claimed
the consular agents of Argentina were
given the right TO administer the es-
tates OF their countrymen dying in
this country.
Thompson replied that the Argcn-
tine treaty did not give the consults
q right to administer estates. but only
the right to lntervent to give advice
In the administration. lie declared
that II the Argentine republic treaty
were to be interpreted as the Italian
consul general contended II was un-
constitutional. The supreme court of
California decided against the Italian
official. A long array of consul for
the Italian cause has presented BRIEF
of Its arguments. This brief points
ont that the present case was In litl-
pation In California about the time
1.-THE Japanese school question was OF
paramount interest. 1t adds
"Whilc Il Is not intended to lnti-
Innate that this may have Influenced
1.-The decision in this case, which rs not
put on the ground OF the unconsti-
ltutlonaitv treaty clause referred 10.
/ vet possibly the atmosphere of the
state of California may have insensib
lv caused its learned courts to gravt-
tate toward a view OF state rights
which seems Inconsistent with the
later developments of our constitu-
tional law and even irreconcilnble
with prior decisions sof the supreme
court OF the state OF California IT.
self"
Counsel for Thompson In brief
dwells AZ length on the power or the
United states to make such treaty.
II Is asserted that II the treaty max
ling power can take away IRON the
state the right to provide for the ad-
mnistraton of states within It's terri
toral jurisdiction. then there are
no reserved rights In the states as
against treaty making power ana the
treaty making power may overturn
our entire scheme OF government"
The British chief declares that such
broad treaty making power would re-
duce the states to administrative de-
partments or provinces of the feder-
r nj government and reduce the feder-
[ al government itself to "a president
d land senate possessing the treaty
,nnkinp mower.