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337—This chapter devoted to State legislation and treaty rights.. 25

338—Anti-Chinese legislation in Pacific Coast States....

25

339—Interference of Federal judiciary to protect treaty rights

of aliens.....

26

340--Oregon statute prohibiting employment of Chinese laborers

declared void..

27

341—California's constitution of 1879; anti-Chinese provisions

declared void.....

27

342–California anti-Chinese statutes declared void.

28

343—Justice Field's opinion in the Chinese Queue Case ; 1879.... 29

341—State statutes upheld; Chinese Laundry Cases.....

31

345—Numerous other decisions involving Chinese treaties and

statutes.

32

346—Great practical advantages of Federal Judiciary as a forum

for settling disputes as to treaty rights....

32

347—Treaties with Indians; Chief Justice Marshall's opinion as

to their sanctity; Indian treaties and State laws..

33

348-Decisions of State courts as to State laws and treaties... 34

349—The rule in New York.

35

350—The rule in Illinois ....

38

351-The rule in Iowa and Nebraska..

40

352—The rule in Tennessee...

45

353–The rule in Kentucky and Michigan..

46

354—The rule in Pennsylvania....

46

355–The rule in Massachusetts ...

47

356–State laws sustained, as not conflicting with treaty stipula-

tions, by State and Federal courts....

48

357—Police and taxing powers of the State sustained; The Slaugh-

ter House Cases; Justice Miller's opinion.....

52

358—California decisions in conflict with general rules.... 59

359—General rule, State statutes must give way when in conflict

with treaty stipulations....

... 61

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PAGE

368—Taylor vs. Morton ; violations of treaties....

68

369—Treaty stipulations and tariff laws; Whitney vs. Robertson.. 69

370—Other treaty stipulations as to tariff; necessity for legislation 71

371–Summary of treaty and tariff decisions...

71

Notes on treaty and tariff cases: The Sugar cases, 72;

the Opium case, 73; the Russian Hemp case, 74; the

Portuguese Tonnage case, 76; other cases, 77.

372—Treaty-making power cannot appropriate money.

76

373–Turner vs. Ain. Bap, Miss. Union ; Justice McLean's opin-

ion as to appropriations ....

78

374–Treaty stipulations at times self-operative; the British

prisoners; Justice Woodbury's opinion; the Metzgar cases 79

375—Practical difficulties removed by legislation...

81

376—Rights of individuals under treaty stipulations; Ilead Money

82

377–Chief Justice Marshall's rule in Foster vs. Neilson reiterated 84

378—Treaties and statutes; the latest prevails; the Cherokee To-

bacco; Justice Swayne's opinion...

84

379—Statutes which violate treaties; difference between State

and United States statutes in this respect; the Chinese

Exclusion Laws.....

87

Note on Chinese Exclusion cases: Treaties with China,

87; Chinese Immigration Statutes, 91; Chinese Exclu-

sion cases, 93; Earlier Supreme Court cases, 91; First

Chinese Ecclusion case, 95; Non-desirable Alien Exclu-

sion case, 97; Chinese Merchant's case, 98; deportation,

Second Chinese Exclusion case, 103; other points, 107;

delegation of authority by Congress, 107; right of jury

trial, 108; Chinese Baby case, citizenship by birth, 109;

Chinese Wife case, 113; miscellaneous cases in United

States Circuit and District Courts, 114; Mr. Boutwell's

views and summary, 120.

380—Wide scope of decisions in Chinese Exclusion cases. 102
381–Summary of decisions in cases involving Congressional legis-
lation as to Chinese immigration ....

108

382—Termination of war by treaty of peace.

123

383—When treaties take effect, as to governments and as to indi-

viduals. .....

127

384—Abrogation of treaties; various methods..

129

385—Direct abrogation by Congressional action..

131

386-Abrogation by implication; Ward vs. Race Horse.

132

387—Repeals and abrogations by implication not favored.. 134

388-Right of abrogation in general.....

135

389—These views applied to Clayton-Bulwer treaty ...

138

390—Congressional legislation to carry out treaty stipulations;

Justice Field's opinion in the Ross case..

139

391—The construction of treaties....

144

J. C. Bancroft Davis's twelve rules for construction of

treaties, 145; note on favored nation clauses and recip-

rocity statutes and treaties, 148.

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432—Wide extent of treaty-making power exercised in regard to

Extradition, but from its frequent occurrence no longer a

matter of comment..

245

Extracts from Spear on Extradition, 246; Authorities on

Extradition, 249.

433—Power of Executive to extradite without treaty...... 250

Spear on the Arguelles case, 251; Mr. Beck on the ar-

guelles case, 252.

434-Power of Executive to extradite under treaty but without

legislation ..

256

435—Power of Congress to extradite in absence of treaty. 259

436—Rights of persons held for extradition from the United

States ...

261

437—Rights of persons extradited to the United States... 266

Extract from opinions: United States vs. Rauscher, 268;

Ker vs. Illinois, 276.

438—General summary of views in regard to extradition as de-

pending on treaty.....

279

439—Treaties of cession and extent of power exercised.

280

440—Effect of special clauses in Treaty of Paris on status of in-

habitants ...

281

441—Effect of special stipulations in treaties of cession.

282

442—The exercise of the right of eminent domain under the

treaty-making power....

283

443—Claims against foreign governments as property rights; Jus-

tice Story's opinion in Comegys vs. Vasse.....

286

Note on status of international claims against foreign

governments, 286; status of Alabama, etc., claims, 288;

general cases, 295.

444-Methods of enforcing claims of this nature; courts and com-

missions; National and individual claims distinguished... 298

Note on jurisdiction of the United States Court of Claims,

299; Foreign Relation Committee Reports, 312.

445— Wide extent of this power both as to claims of citizens and

of States; fishery treaties with Great Britain as they affect

State ownership of fisheries ....

314

Memorandum on constitutional points involved in set-

tlement of questions relative to the protection of the

fisheries in boundary waters, 315:

I. Nature of boundary waters and the different kinds of

waters in which the fisheries exist, 316; II. Jurisdic-

tion over the boundary waters by the States, the Fed.

eral Government and the Dominion of Canada, 318;

III. The power of the United States to regulate these

fisheries under the treaty-making provisions of the

Constitution, 321; IV. The enforcement of such reg-

ulations, 323.

446—Limitations on Congress as to trade-marks.....

322

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