The Prescott daily news., 1913-09-02
TELLS LAWYERS JURISDICTION OF U. S. GOVERNMENT OVER
 TREATIES IS SUPREME.
CAN'T DODGE BEHIND A STATE
United States Court Will Enforce the Rights of Aliens as to Lands in Face of Popular Prejudice,
 Says Bar Assn. Head.

Montreal, Sept. 2.-Declaring that the jurisdiction granted the federal government through the constitution, renders void the antialien land law of California, Frank B. Kellogg, in his address as president, opened the an nual meeting of the American Bar as sociation by flatly stating that the widely discussed California statute does not take away the right of citi- zens of Japan to own real estate in that commonwealth.
 The question raised by the contro- versy over this law. which has re- ceved such wide dscussion," he said, lis whether state may, in violation of treaty of the United States, regu- late the ownership of real estate with in its borders by citizens of a foreign country. If citizens of Japan have any right to own real estate in Cali fornia, 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 man. ner and to the extent and for the pur poses prescribed by any treaty.
 Tt is understood by the general public that California claims the right to legislate in respect to land held by aliens, notwithstanding any treaty provisions with the federal govern ment. The question is of vital i'm tN convinced that there is little doubt that the federal government may by treaty define the status of foreign citizen within the states. This propo- sition las been established by the laws and usages of all civilized na- tions by the history of the times. by the opinions of the statesmen who framed our constitution, by the con- stitutioH itself, by the universal prac- tice of making such treaties from the days of the confederation, and by the repeated decisions of the United States and other courts"
 In Face of Prejudice.
 The speaker pointed out that it has been the practice of governments, through treaty-making power, to fix the status of foreign citizens, their right to enter business, own, transfer and inherit property, and that it is one of the indubtable prerogatves of sovereignty. Few individual states in the considerations, he said, have re- tained treaty making power, and of these the Greek republics perished. He referred at length to interpreta- tions of the treaty-making power by the supreme court of the United States. declaring that that court, fully realizing its grave responsibili- ties, has established beyond perad- venture 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
 The speaker deplored the absence of legislation providing for punish ment for violations of treaty rights, saying: "The faith and honor of this ration are pledged to their enforce ment, and it is as much the duty of congress to enact legislation to carry into effect these provisions of our treaties as it is to appropriate money and enact other legislation which con- gress has always done to carry out the provisions of our international agreement.
 "The result has been that the only recourse foreign nations have had has been to demand indemnity for such injuries, which this government has already recognized and paid. No na- tion claiming the high prerogative of the treaty-making power has right to shield itself behind the claim that che of the constituent states of the union has violated the treaty and that the central government has no au- thority to redress the grievance.
 "We resented similar position taken by Brazil in 1S75," declared President Kellogg. "The question of admission of alien races is a national one; the federal government alone has the power to exclude them from the states, and if admitted decide on what terms and condition this should be done If is merely academic to