The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-01


Taft, eX-president of the United States;
Charles j. Deoherty. minister of jus
tice, and attorney general of Canada;
Joseph H. Choate, ex-ambassador from
the United States to Great Britain;
Elihu Root, United States senator from
New York: Frank B. Kellogg, president
of the association
Eellogg's Address.
Treaty making power particularly
in its relation to the controversy arous-
ed by the alien land law of -alifornia
was the topic of an address delivered
at the opening by Frank i. Kellogg OF
st. Paul, Mimi, president of the asso-
citation. Mr.. Kellogg maintained tha-
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 BUSH
ness in which he may engage and the
property he may own, both real and
personal and the disposition of such
property after his death.
If said Mr.. Kellogg, citizens OF
Japan have any right to own real es-
state in California, it 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 purpose
prescribed by any treaty
The California law, he explained dis
eliminates between aliens eligible and
those not eligible to citizenship, per-
hitting the former to possess, enjoy
transmit and inherit real property in
the same manner as citizens, and linn
iting those not eligible to citizenship to
the rights extended to them by treaty
with the government of the United
States.
CALIFORNIA; Position.
He said it was understood, however.
nv lilo llN- hot (Nali j.,
claims the right to legislate in respect
to land held by aliens, notwithstand-
ing any treaty provisions with the fed
eral government. He asserted that the
question thus raised is one of vital i'm
portance to our nation in its relation
to foreign governments. He pointed
out that it is not to be presumed that
the people of the United States intend
ed to confer upon the federal govern
ment less power than had been exer-
cised by other nations since the dawn
of civilization.
He pointed out that few individual
states in considerations have retained
the treaty making power and of these
the Greek republics persisted and other
considerations have changed their
forms of government so that the treaty
making power is now vested in the ma
ton. q
IF it be true that the federal gov
eminent may not make a treaty upon
any matter which is ordinarily reserved
for the governmental control of the
state" he said, "a principal part of
the treaty making power as it has been
exercised for more than one hundred
and twenty-five years is swept away
for the central government has exer-
cised this power and it is absolutely
necessary that it should do SO in order
to protect foreign citizens in their
rights and to demand and receive for
our citizens the same rights in foreign
countries. We cannot expect that
American citizens will be respected and
receive the protection to which they
are entitled under the principles of in
ternational law and the customs of ma
tions if we declare that our govern
ment is so impotent that it cannot give
to foreign citizens within the states the
same pr 1tection.
With Their Eyes Open.
1T was in the light of history and
with the full knowledge Of the treaty
making power and of the yiolatio of
treaties by the states that the consti- ,
tuition was adopted by the convention
of every state after the widest discus
sion and deliberate consideration.
stsn w ber9g the t widest field
was an attempt to confer the central gov
ernment sufficient power to stand among
the nations of the EARTH
He asserted that the supreme court or
the United States fully realizing it's grave
lids SSldO4lSueQ D0S OnO
peradventufe the supremacy of the
treaties over the laws of the states and
has enforced the rights of foreign citizens
in the face of popular prejudice. Mr..
Kellogg commented, however, upon the
unfortunate rule of congress to provide
legislation to punish violations of treaty |
rights. He stated that Presidents Har-
rison. Mckinley, Roosevelt and Taft each
urged upon congress the passage of a
statute comforting on the federal courts
jurisdiction to punish violations of fed
eral treaties by citizens of the various