New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-02

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significant Of something beyond even IT'S
splendid hospitality ] lave interpreter
H. and ! think not wrongly As the sym
Dol OF a desire that extends beyond the
limits Of this assembiagc. ! mean the
desire that We should steadily direct our
thoughts to how We can draw into closest
harmony the nations OF race IN when
all Of US have a common pride II tha'
be now A far-spread inclination. then IN
deed may the people Of three great coun-
tries say 20 Jerusalem. Thou shalt be
built. and 20 the temple. Thy founda-
ton shall be laid "
Premier Borden IN his address OF wei
come. made feic!tous reference 20 the
ties Of commerce and friendship between
the United States and Canada. Jacob N.
Dickinson. former American Secretary o.
War. who introduced Mr.. Borden. replied
10 this address on behalf OF the associa-
ton.
AS 10 the Alien Land Law.
The address Of Frank r. Kellogg. presi-
dent Of the American Bar Association,
which followed. dealt with the Treaty
/ Making Power" and discussed the con
/ troversy aroused by the allen land Ia"
/ Of California Nj Kellogg maintained
the right Of the federal government 10
make treaties regulating the status Of
/ foreign citizens within the states.
/ III" said Mr. Kellogg. citizens OF
/ Japan have any right to own real estate
! in California ii is difficult TO see no"
J this Law takes away such right because
! II provides in substance that such aliens
may acquire, possess. enjoy and transfer
real estate in the manner and to the eX-
! tent and for the purposes prescribed by
/ any treaty
! The California law. he explained. dis
eliminates between aliens eligible ana
those not eligible TO citizenship. permit
ting the former to possess. enjoy. trans
NIT and inherit real property in the same
manner as citizens. and limiting those
not eligible to citizenship to the rights
extended to them by treaty with the gov
eminent Of the United States.
He SAID IL was understood. however oE
1 the public generally that California claims
| the right TO legislate in respect 10 id"u
held by aliens. Notwithstanding any treaty
| provisions with the federal government
He asserted that the question thus raised
| Is one Of vital Importance 10 our nauoh
in rs relation TO foreign governments
| He pointed out that il is not TO De pre-
suned that the people OF the Chlteu
States intended TO confer upon the lea
eral government a power less IMAM I"a'
exercised by other nations since the dawn
Of civilization.
He pointed out that few indiyldual
states in considerations have retained the
treaty making power. and OF these the
Geek republics persisted and other con-
celebrations have changed their forms OF
government. so that the treaty maAihs
,ouer is now vested IN the nation.
To Protect U. S. Citizens Abroad
"Tf ~ he true that the federal govern
mont NAV not make treaty upon any
matter which is ordinarily reserved 'oi
the governmental control OF the state
he said. Ia principal part OF the treaty
making mower as IL has been eNefCiseu
Cor more than one hundred and twenty
Goo Years is swept away. for the central
Govern nent has exercised this power. ana
- IL
do so in order TO protect foreign citizens
in their rights and TO demand anu re
celve for our citizens the same rights III
forelpn countries. We cannot expect that
,r,arican citizens will be respected and
receive the protection 10 which they are
entitled under the principles OF interna-
,ional law and the custom OF hatiohs IL
We declare that our government is so I'M
roten, that II cannot give 10 Foreign
ci,izens within the states the same pro-
lection. ..
.1t was in the light OF history and with
-. .,I, knowledge of the condition OF the
treaty making power. and OF the Viola'
lion of treaties by the states that the
Constitution was adopted py the cohVeh-
ton Of every state after the widest as
cussion and deliberate consideration
While preserving the widest field
consistent with liberty in the individual
:, was an attempt 10 confer upon the
ao,,,al government sufficient power 70
stand among the nations OF the earth'
Ne asserted that the Supreme Court OF
The limited States. fully realizing Its grave
responsibility. has established beyond per
adventure the supremacy OF the treaties
over the laws OF the states ana mas en-
forced the rights Of foreign ciuzehs III
the face OF popular prejudice
, Nations Honor Pledged.
Mr.. Kellogg commented. however upon
the uniform refusal Of Congress 10 pro-
vide legislation to punish violations oil
treaty rights. He stated that rIesioen.s