The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1913-09-04
Premier Welcomes the Most Distin.
guished Gathering Carsada
~ Ever Saw

Montreal, Sept. Premier Bor
den opened the annual meeting OF the
American Bar association today with
an address of welcome the most
distinguished body Of men ever gath
cred in Canada. The leading jurists
of the United States are here almost
without exception and besides them
there are some Of the most promi-
nent members Of the bar in Canada,
England and France.
Premier Borden, in his address O;
welcome, made felicitous reference
10 the ties of commerce and friend
ship between the United States and
Canada. Jacob NJ. Dickinson, form.
er American secretary of war, who
introduced Mr.. Borden, replied on
behalf Of the association.
The address of President Kellogg,
which followed, dealt with the Treaty
Making Power, and discussed the
controversy aroused by the Califor-
MIA anti.alien land law. Mr.. Kellogg
maintained the federal government
has a right to make treaties regulat-
ing the status Of foreign cit zens with
the states.
Can Define Status Of Aliens
Mr.. Kellogg maintained that the
federal government had the right to
define by treaty the status of a for.
eign citizen within the states, the
places where he may travel the bust
ness in which he may engage and
the property he may own both real
and personal, and the sposition Of
such property after his death.
''If," said Mr.. Kellogg, citizens of
Japan have any right to own real es-
tate in California, ii is difficult to
see how this law takes away such
right because It provides in substance
that such aliens may acquire, possess
enjoy and transfer real estate in the
manner and to the extent and for the
purposes prescribed by any treaty."
The California law, he explained,
discrlminates between aliens elig Bile
and those not eligible to citizenship
permitting the former to possess, en-.
joy, transfer and inherit real proper
~ in the same manner as items and
limiting those not eligible to citizen
ship to the rights extended to them
by treaty with the government Of the
United States.
He said II was understood however.
by the public generally that Cal.for-
mia claims the right to legislate in
respect to land held by aliens, not.
withstanding any treaty provisions
with the federal government He as.
serted that the question thus raised
is one of vital Importance to our ma
ton in its relation to foreign govern
ments.
Must Give Protection II Demanding II
I'VE cannot expect" he said that
American citizens will be respected
and rece We the protection to which
they are entitled under the principles
OF international law and the custom
OF nations If We declare that our gov.
eminent Is So impotent that II can
not give to foreign citizens with n
the states the same protection.
1T was IN the light OF history and
with the full knowledge of the condi.
ton of the treaty making power and
OF the violation OF treaties by the
states, that the constitution was ad.
opted by the convention OF every
state after the widest discussion and
deliberate consideration. While pre-
serving the widest field consistent
with liberty in the individual, II was
an attempt TO confer on the central
government sufficient power TO stand
among the nations OF the earth"
He asserted that the supreme court
OF the United States fully realizing
its grave responsibility, had establish.
ed beyond peradventure the suprem.
acy OF the treaties over the laws OF
the state and has enforced the rights
OF foreign citizens IN the face OF pop.
nlar prejudice.
No Punishment For Violation
Nj, Kellogg commented, however,
on the uniform refusal OF congress to
provide legislation to punish viola
tions of treaty rights. He stated that
Pres dents Harrison, Mckinley, Roose.
welt and Taft each urged on congress
the passage OF statute comforting
on the federal courts jurisdictions to
punish violations OF federal treaties
by citizens Of the various states, but
to the present time congress had not
acted He said:
"But the faith and honor OF the
nation ARE pledged to Their enforce.
ment and It is as much the duty Of
congress to enact Liquidation W c,,.