or subjects, in contravention to state laws?

The answers to the first two questions are found in

the act itself, in Section II which reads:" All aliens other than those mentioned in Section I of this act may acquire, possess, enjoy and transfer real property or any interest therein, in this state, in the manner and to the extent and for the purposes prescribed by any treaty now existing between the governments of the United States and the nation or country of which such alien is a citizen or subject and not otherwise." It is readily seen that all treaty rights are guaranteed, for that is a part of the law itself. Not are all the rights of the treaty guaranteed but the law goes further and says that they "may in addition thereto lease

no ground upon which the plea can be made that the treat y

rights were abrogated.

The treaty of 1911 contained no "mest

favored nation clause" for this without other modifications to it in the treaty i tself would no doubt have put a different aspect on the question.

It is the third question that is of the greatest importance because it not only comes up in connection with this particular treaty but it is one that may arise at any time

in connection with any treaty.

Chapter V. The Treaty Making Power.

How far can the Federal government go in the treatymaking power in guaranteeing rights, privileges and immunities to foreign citizens or subjects in contravention to state laws ? This is a question that has never been answered though it has been much discussed both in and out of court, and in the following pages consideration will be given some of these opinions in order that some light may be cast on an answer to the question.

It will be well to turn first to the Federal constitution to determine where the treaty-making power lies and the grant of power conveyed in that instrument. In Article 2, Sec.2: "He (the president) shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senate present concur Article I, Sec.10 reads: "No state shall enter into

any treaty, alliance or confederation".

Article 6 Sec.2 reads:" This Constitution and the

laws of the United States which shall be made in pursuance thereof, and treaties made or which shall be made under the authority of the United States, shall be the supreme law of

the land, and the judges in every state shall be bound there

by, anything in the sonstitution or law of any state to the Not only is the treaty power

contrary notwithstanding."

given to the Federal government but it is denied the states

absolutely.

That there must be a limit to this power cannot be denied but the fixing of the limit is the question. No court has ever declared a treaty unconstitutional or that the limit of the power granted has been exceeded. That the subject matter regulated by treaty exceeds in extent that which can be regulated by any act of Congress has been admitted by many courts. The occasion for and the general scope of the power is expressed in the following statement by Chas.N.Butler:

"This power (treaty-making) exists in and can be exercised by, the National Government, whenever foreign relations of any kind are established with any foreign power, in regulating by treaty the use of property belonging to states or the citizens thereof, such as canals, railroads, fisheries, public lands, mining clains, etc., in regulating the descent or possession of property within the otherwise exclusive jurisdiction of the states."1

The extent to which regulations by treaty may in

fringe on the otherwise exclusive jurisdiction of the states

1.

Chas.H.Butler, Treaty Making Power of the U.S.