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THE SUN, SUNDAY, OCTOBER 5, 1913.
Japan's Rights Assured by Supreme f Law of Land, Says President of American Bar Association i Z3q A NOTEWORTHY contribution to the controversy between the United States nnd Japan wun mnde nt the recent gathering of lawyers nt Montreal by Frank H. Kellogg of St. Paul, president of the American Bar Association and the man who brought the Standard Oil Company to Its knees. Mr. Kellogg's address was delivered before a distinguished audience. On the platform 'With the speaker were the Lord High Chancellor of Oreat llrltuln, former President Taft. Prime Minister Borden of Canada, Charles J. Doherty, the Canadian Minister of Justice; James C. Mcltcynolds, Attorney-General of the United States; J. M. Dickinson, former Secretary of War; Joseph H. Choate, Slmcnn E. Baldwin of Connecticut nnd Edward Douglass White, Chief Justice of the Supreme Court of the United 8tates. In the audience were ten Judges of the United States Circuit Courts of Appeals, more than forty Judges of courts of last resort In the United States, Judges of other courts, presi dents of law schools and some of the most prominent members of the bar of this country and Canada Mr. Kellogg spoke on the treaty mak-i Ing power with regard to the alien land laws nnd usages of nil civilized nations, law of California, nnd his contention, '' the history of the times, by the opln ui .'"""" lions of the statesmen who framed the ItacKCU y Historical preceueiiis, un Constitution of the Unlttd States nnd by court decisions, was that the treaty is the supreme law of- the land and su perior to all State laws. He said that the alien land law of California which became n law May 19, 1913, discriminates between aliens eligi ble and those not eligible to citizenship, permitting the former to imsscss, enjoy, transmit and Inherit real property In the same manner as citizens, nnd limit ing those not eligible to citizenship to the rights extended to (hem by treaty with the Government of the United States. The question raised by the con troversy over this law Is whether a State may In violation of a treaty of the Vnited States regulate the ownership of real estate within Its borders by cltl tens of a foreign country. Mr. Kellogg tald: "I shall not stop to discuss the ques- ,., i. frAfitv with Janan UUIl Ul nuwiiici mr ........ does not give to her citizens within the xnwn q mlon hy trcate! Vnlted States the right to own real( ..Th(.sp mon Untw oxnctly what 'they estate. It gives them the right to carry i upro doing," said Mr. Kellogg. "They on trade, to own houses, manufactories, disagreed upon the wisdom of giving warehouses and shops and to lease land j such power to the Federal Government, , , ,m..,Ki i, nr. but they did not disagree as to the cx- for residential and commercial pur- . .. iur itsiuii.ii.ii . I tent of the power they were conferring." poses. If citizens of Japan have an Mf KcUnKK ,. ,vf,.rr,.,i , Ulu last Tight to own real estate In California It ami conclusive Interpretation of the b difficult to see how this law takes; treaty making power by the Supreme way such right, because It provides In Court of the United States. He asserted .ubstance that aliens may acquire, pos- ess, enjoy and transfer real estate in. (luw,on (he supremacy of the treaty the manner and to the extent and for over nlu iaws 0f the State and has en- Ihe purposes prescribed by any treaty. forced the rlghtH of foreign citizens In "But the question has been squarely, the face of popular prejudice. i ii v,t.i v, i oiu ' The first Important case on the sub imlsed by the declaration of the Legls Ject n the reme Court of ,he UnUe(, fcture of California, which was Intended stat(18 waH ,hat of Wnru v Hylton It nd understood by the public generally wns n gusbstance provided by a law of to mean that California claimed such the Commonwealth of Virginia that a THE MAKING OF A FOOTBALL, LIKE THE GAME ITSELF, THAT phrase so much need In the football season, "chasing the pigskin," Involves a popular error. The football Is not made of pigskin, but of the hide of the calf or cow, and for the cheaper variety the skin of the sheep. Footballs of the ordinary grade are made In this coun try, but some of the finest, sold to those who are not particular about price, arc Imported from England, where the Industry was an old one !c fore It was started In .America. The making of a football Is almost entirely a male industry. The only bare that women have In the work ll seen when one first enters a football 1 iKil 1 iK'i . Hiip H idH BHHtl iHI HIIHPMHj Cutting the Leather Sections by Machinery. Mr. Frank B. Kellogg's Notable Ad dress on the Treaty Making Power of the Government of the United States Delivered Before Recent Gath ering of Prominent Jurists at Montreal right, notwithstanding any treaty pro visions with the Federal Government." Mr. Kellogg asserted that the question thus raised Is one of vital Importance to tho nation In Its relation to foreign Gov ernments, nnd that he was convinced "that there can be no serious doubt that the Federal Government may by treaty define the status of a foreign citizen within the States, the places where he may travel, the business In which he may engage, the property he may own, both real and personal, nnd the devolu tion of such property upon his death; that such n treaty constitutes the supremo law of the land, nnd that a Stale law contravening such a treaty Is void nnd will be so declared by the courts In a suitable action." Mr. Kellogg declared that these prop ositlons have been established by the American Constitution, by the provisions of the Constitution, by the universal practice of making such treaties from the days of the Confederation nnd by the repeated decisions of the Supreme Court of the United States nnd of many other courts. Mr. Kellogg pointed out that few In dividual States In confederations havo retained the treaty making power, and of these the Greek republic perished. while the others, the Swiss, the north German nnd the Netherlands confedera tlons, changed their form of govern ment so that the treaty nuking power Is now vested In the Government. Mr. Kellogg said that the statesmen of the Litter part of the eighteenth century who participated In the framing of the Articles of Confederation ami of the Constitution of the United States. In tended to place the treaty making power solely In the Federal Government, to make that power comprehensive, to make the treaties the supreme law of the land nnd to create a Federal Ju diciary nnd an executive with powers ..t.n.l factory. At long tables girls sit pasting linings on sections of the foottmlls cut In another part of the factory. It Is work that a girl Is particularly fitted for, as the linings must be carefully fastened to the rough leather and smoothed until there Is not a sign of a bubble or rough place on the surface of the lining. The first step In the making of a footlall Is to select tho leather. Only the best of picked skins are used and each skin is carefully gone over for defects before being cut Into tho nec essary sections. This Is done by ma chinery, nnd the sections are then sent to the room In which the girls are at work for the lining to be pasted on. Then the lined sections nre sent to citizen owing ntoncy to a subject of Great Britain might pay the same to the State of Virginia nnd that the receipt of the Governor nnd Council should be a discharge from such debt. The law required the Governor nnd Council to lay before the General Assembly an ac counting of these certificates of pay ment and provided that they should see to the safe keeping of the money sub ject to the future directions of the Leg islature. A British subject sued n citizen of Virginia upon n debt. The defendant pleaded the law of Virginia nnd the payment to the State. The plaintiff re plied setting up the fourth article of the treaty between Great Hrltaln nnd the United States. The court held that the treaty was the supreme law of the land and repealed nil provisions of the State laws nnd Constitution to the contrary. In 1817 the question arose whether tho heirs of one Chirac, being aliens, might Inherit property In Maryland according to the terms of the treaty with France, although In violation of the anti-nlien law of that State. Chief Justice Marshall wrote the opinion of the court, nnd deckled that the treaty had become the supreme law of tho land. in 1S62 in Klclimoml, Va., one Hnuenstcln died without any children leaving real estate. The only heir of Itauenstein, an alien, claimed the real estate. It was clear that under tho laws of Virginia aliens were Incapable of taking property by Inheritance. In 1S79 the Supreme Court held that ordinarily the law of nations recognizes the liberty of every Gov ernment to give to foreigners only such lights touching immovable property within its territory ns it may see tit to concede, and that In this country this authority la primarily In the State where the property Is situated, but that where the Federal Government has contracted otherwise, such treaty Is the supreme law of the land and will be enforced by the courts. Mr. Kellogg Illustrated the full ex tent of the treaty making power by reference to the extensive power of Congress over Interstate commerce. He considered It very signitlcant as deter mining the extent of the power that the Government has from the begin ning mnde treaties regulating matters which as between the Federal Govern ment and the States are ordinarily within the Jurisdiction of the States. Tho speaker cited the treaties with Salvador and Peru In relation to the holding of land In tho United States by aliens citizens of those countries. He said; "A student of government thought fully considering the circumstances tinder which this treaty making power was conferred, tho practice of nations, nnd especially of our own. country; the decisions of our courts, tho expression of statesmen nnd publicists can have little difficulty In arriving nt the con Sphere Is Not of Pigskin as Popularly Supposed, but the Hide of Call or Cow Ordinary Footballs Made in This Country, but Finest Ones Are Imported From England tho sewing room nnd the linings are stitched together, bringing tho outer covering of the football into position for tho final stitching. This Is dono by a machine that turns the footU-tlls out stitched In the scums but wrong side out. They must then be turned right side out, a Job that Is left to men who do nothing else all day long .but reverse the leather covers by hand, a work that requires great strength and endurance and gives the workers a prodigious amount of pulling power clusion that the power of the Federal Government to protect citizens of for eign countries In our midst Is plenary." He commented, however, upon the uniform refusal of Congress to provide legislation to punish violations of treaty rights. Ho stated that Presi dents Harrison, McKlnley, "Iloosevelt nnd Taft each urged upon Congress the passago of a statute conferring on tho Federal courts Jurisdiction to pun ish violations of Federal treaties by cit izens of the various States, but up to the present time Congress has not acted. He said: "But the faith and honor of the na tion are pledged to their enforcement nnd it Is as much the duty of Congress to enact legislation to carry Into effect these provisions of our treaties ns It Is to appropriate money nnd enact other legislation which Congress has always done to carry out the provisions of our International agreements. The result has been that the only recourse foreign nations have had has been to demand Indemnity for such Injuries, which this Government has always recognized nnd paid. No nation claim ing the high prerogative of the treaty making power has a right to shield Itself behind the claim that one of the constltttent States In the Union has violated the treaty nnd that the cen tral Government has no authority to redress the grievance." He recalled that we resented n sim ilar position taken by Brazil In 18711, when It denied Its nccotintnblllty for tho Injury of an American citizen be cause It had been Inflicted by one of the provinces. Secretary FMi among other things then said: "It Is the Imperial Government nt Itlo dp Janeiro only which Is account able to this Government for nny Injury to the person or property nf a citizen of the United States committed by the authorities of n province. It Is with that Government nlone that we hold diplomatic Intercourse. The same rule would be applicable to the case of a Brazilian subject who In this country might be wronged by the authorities of a State." Mr. Kellogg said emphatically: "I do not mean from anything that I hnve said that our country should ndmlt Indiscriminately alien races to engage In Industry nnd own property, but what I do nvan Is that thN Is n national question: that the Federal Government alone h ta the power to exclude them from the States: and If admitted to de cide on what terms and conditions this Miould be done." Mr. Kellogg eon.-ldcred that the ar gument Is merely academic, that If there are no Implied limitations to the treaty making power it might be used to dismember the Union, abolish the structure of government or convey away the territory of the States. lie asserted that this u--e of the treaty making power Is not within human probability. Considering the academic aspect of the question, however, he concluded that the granting or purchase of terri tory Is clearly within the treaty mak ing power, but not the right to change the form of Government or stipulate away any of the fundamental preroga tives of the Federal Government. Mr. Kellogg concluded by making a strong appeal to his audience for the scrupu lous observance of the treaty obliga tions of this country. "They arc as sacred," he said, "as the private obligations which arise between in the muscles of the arms and hands. Wtyen the cover Is pulled right ld out the outer part of the football Is finished ready for the Inflation. The bladder m inserted and blown up nnd the ball Is then stamped on a hot press and worked up until the surface Is per fectly smooth and free from rough spots,' The kill Is then deflated and placed aside for shipment. Balls Intended for the soccer game or for lutsket IkiII nre also made In the way described A new Idea recently applied Pasting the Linings the Only Work n Which IIIIrm '9Hiik H II man and man in the manifold duties and relations In organized society. They are of higher Importance in the de velopment of world civilization because they He at the very foundation of peace and good order and maintenance of those lasting principles of international law which ' In the science of modern governments are taking the place of war In the settlement of disputes. "Wo can have little influence In the great movement for world peace If we are neglectful In keeping our own treaty obligations, for the stability of international law and tho fulfilment of national obligations is as necessary to the peace of the world as tho stability and maintenance of law and order are to the making of the football is to pro vide a ball suited to the rough treat ment Inseparable from play on the stone flagged or asphalted pavement of the school playground. It was found that the finely Mulshed football Intended for use on a grass covered field could not stand the hard usage received during practise in the school yard and a foot ball wns therefore devised especially for this rough work, with the seams stltc'.ied on the outside Instead of the Inside. Sewing the seams from the out Girls are Employed. Frank B. Kellogg. necessary to the peace and prosperity of society. Law Is the embodiment of the highest of civilization. It has governed the relations of men In the most primitive and savage state and in the modern and highest developed so ciety. "Before history recorded and left to succeeding generations the doing of men law was the governing power and controlling Influence of communities and nations. With the growth of A MALE OCCUPATION side provided a ridge that protects the ball when kicked and bounced In n paved court and makes the cost of the footlmlls used In a. season somewhat less than when the finely finished oval of the gridiron grounds Is used. The origin of the term "kicking. the pigskin" was explained by one of the authorities in this way: "Years ago, when the game was In Its early stages In England, the Inflation was done by means of the bladder of a pig. In those old days the skin of the pig was actually subjected to the indignity of being pro pelled high In the nlr by the toe of u football player, but ns the bladder is no longer used the term hns ceased to apply. The bladders are now made of (he Stitching the government the uplifting of r. and social conditions, law has keeping pace with the mar . progress. Its Invisible forces dtn and control nations, man in all 1- - re lations In society, the tremendous t r : actions of modern economic lift jr.'. the minutest details of our siwia .in. Industrial fabric. "It Is all pervading and etr pn- tn Without It there Is no govvni"i n nc social order, no home. Its a dm n st.i tlon Is the highest and nobles! iljtv a'. man to his fellows. Its pur and stability are necessary to the peace happiness and prosperity of pe ;les. Its corruption Is the destruction f the State and of tho nation." best Para rubber. The regulation f wt I ball weighs from thirteen nnd a q irtor i to fourteen ounces. The soceir IflH j weighs from thirteen to fifteen . i One cannot definitely predict tin ' t a football, but the makers s. !ie hardest kicking should fail to !' r 'Me ball in less than two years. It may not be generally knw 1 't football has a patron saint. In a boy named Hugh had the misfor kick a football through a window o house of a neighbor, who bei-am ". censed nt the damage done t1 stabbed the boy to death. The p avenged the boy's death by k slayer and then exalted the nan unfortunate boy by cal'lir.- ' Hugh " Seams.