Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-01
u. S. GIVES JAPS
REALTY RIGHTS"
President Kellogg, of American
Bar Assn, Quotes Treaty
Law at Convention.

MONTREAL, Sept. Premier Bor-
den opened the annual meeting of me
American Bar Association today with
an address welcoming the most dis
tfnguished body of men ever gathered
IN Canada. The leading jurists OF the
United States are here almost WITH
nut exception. and besides them there
are some of the most prominent mem
hers of the bar in Canada. England
and France.
The session of the bar association
this morning was devoted to the ad-
dress of welcome by the Canadian
nrirne minister. the annual address
Of the president of the association,
delivered by Frank r. Kellogg. of st.
Paul. Mimi: the nomination and cleo
ton of new members, the reports OF
officers and similar routine.
The event of the afternoon was the
delivery Of ar address by Niscount
Haidane. lord high chancellor of Great
Britain. The days program concludes
with the comforting OF honorary de-
prees hy McGW University upon the
following distinguished members OF
the legal profession:
Recipients of Honorary Degrees.
viscount Haldane Chief Justice
Edward Douglas White. of the United
States; Prime Minister Robert L. BOZ
den. of Canada; Maitre F. Labor
hatonnier de LOrdre des AYocats
Ia cour de Paris. France: William Fl.
Taft ex-President of the United
states; Charles ]. Doherty, minister
of Justice and attorney general or
canada; Joseph H. Choate. EXAM
hassador from the United States TO
Great Britain: Elihu Root. United
states senator from New York;
Frank B. Kellogg, president OF the as
ISOLATION.
treaty Making Power" partic-
ularly in it's relation to the contro-
yersy aroused by the alien land law
of California, was the topic OF an ad-
dress delivered at the opening or the
annual meeting of the American Bar
Association here today by Frank Il.
Kellogg. of St. Paul, Mimi, president
of the association.
Mr. Kellogg maintained that the
Federal government had the right to
define by treaty the status or a Tor
eign citizen within the states, the
places wher5 he may travel, the busl-
ness in which he may engage and the
nroper+v he may own. both real and
personal, and the disposition of such
property after his death.
ar" said Mr.. Kellogg, citizens OF
japan have any right to own real
estate in California. it is difhcult 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
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-malling power is
now vested in the nation.
Sweeps Away q. S. Power.
"If il be true that the Federal
government may not make a treaty
upon any matter which is ordinarily
reserved for the governmental con-
troll of the State" he said, "a princi-
nal part of the treaty-making power
as il has been exercised for more
-tl%au one hundred and twenty-five
wears, is swept away, for the central
government has exercised this power.
and it is absolutely necessary that 1t
should do so in order to protect for
eien citizens in their rights and to
demand and receive for our citizens
the same rights in foreigfin coun-
tries"
Mr.. Kellogg said that if there are
no implied limitations as to the right
of States in regard to the treaty.
making power it might be used to dis
member the union. abolish the struc-
ture of government, or convey away
the territory of the States. He as
serted that this use of the treaty
making power is not within human
probability. He said:
when the time comes, If 1t ever
shall. that such a demand is made. it
will be backed by a military power
10 enforce it rather than by the I'M
trammeled exercise of the treaty
making power.
Premier Borden in his address of
welcome made felicitous reference to
the ties of commerce and friendship
between the United States and
Canada Jacob NJ. Dickinson, former
American secretary of war, who in
trorduced Mr.. Borden, replied on be-
half of the association.