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Show Ili'Vi: &nt Listen td by Lrd High MLflorofEngland. jKjpRED VISITOR Sheeting of American StioQ at Montreal; Xottice White Se- Krid this afternoon by the iEurilor of England, Via-iE Via-iE of Cloan, formed the K&; of the opeuiup meet-JViEtrlMn meet-JViEtrlMn Bar association, utac held an audience Eltlr filled the Princess Hlfo ineladcd many of jKjil limits of the western 'greral from Europe. His "'Higher Nationality A Kuj wars an epocli-mak-Nlini; a? it did ivith the Kf" three great nationitli-Klinii nationitli-Klinii chancellor told how Kg 'tlie early days largely Hjh tie sovereign of the jBUmomtcd with him the Biu:tI!or as the executive rI't justice. That ancient ti opon experience rather $t, li cald, and this fact 1 the law and the const!-three const!-three great nations, and America. j He Opinion, rpd that the creat Htd mankind in ohserv-V! ohserv-V! sot fear of the officers r of public opinion, fifore public opinion tond-Bf tond-Bf tie arbitrary execution IBtrMtrain men from Inw-Kl!opiDR Inw-Kl!opiDR tbis argument", bne proceeded to surest jH" policy mi2ht possibly be ffitions and that the time IKj)D Dat'ns might be as M to follow the ancient R1Iide differences and dis-pvidoals dis-pvidoals have become in jpUWB, president of the RiMoc'iation, briefly intro-N4iii2 intro-N4iii2 officer of the after-etico after-etico White of the Unit-tt!8 Unit-tt!8 court, reforrinc to n who exempli fios the the American law- Pfcr ,tadded Iustcr t0 !s the maimer in which MP with sroat honor and p supreme court of our White Presides. fyjte, before introduo Mfc'fr- a telegram general of Canada, and the Duchess of Connaught, expressing regret at not bciniT able to attend the sessions of the bar association. Justice White, turning- to Viscount Haldane, said that the nicmbors of the .American Bar association entertained tho highest respect for the lord high chancellor and all that his groat office implied. He added that there was no need to introduce the chancellor as his office and his fame spoke or thom-boIvos. thom-boIvos. The stage was decorated with the union jack as a center piece, tlio stars and stripes on the right and the tricolor tri-color of France on the left in honor of tho eminent French advocate. Maitre Labori. All. the prominent lawyers had boon greeted with applnuse when they entered tho theater, but the climax cli-max to the enthusiasm came when the lord high chancellor, accompanied by-Joseph by-Joseph II. Choate, and Sir Konnetli Mtiir racKonzio, principal secretary to tho lord chancellor, arrived. The p.pplanso wns so long sustained that it reMinbled somewhat tho demonstrations demonstra-tions in politicnl conventions. Frank B. Kellogg5 former President Taft, Promior Bordan and Chief Jus-lice Jus-lice White also came in for ovations. At the conclusion of the afternoon j session McGill university conferred degrees de-grees on tho lord higli chancellor and a number of distinguished members of the legal profession. Opened by Premier. Premier Borden opened tho annual an-nual mooting of the American Bar association today with an address welcoming tho most distinguished distin-guished body of men over gathered in Canada. The leading jurists of the United States are hero almost without excoption and besides thorn there are some of the most prominent members of tho bnr in Canada, England and France. Premier Borden, in his address of welcome, made felicitous reference to the ties of commerce and friendship between the United States and Canada. Can-ada. Jacob Dickinson, formr American secretary of war, who introduced in-troduced Mr. Borden, replied on behalf of the association. Kellogg's Address. The address of President Kollogg, which followed, dealt with the "Treaty Making Power' and discussed tho controversy con-troversy aroused by tho California anti-alion anti-alion land law. Mr. Kellogg maintained the federal government has a right to make treaties regulating tho status of foreign citizens with the states. Mr. Kellogg maintained that the federal fed-eral government had tho right to define by treaty the status of a foreign citizen citi-zen within the states, tho places where he may travel, tho business in which he may engage and the property he may own, both real and personal, and tho disposition of such property after his death. "If," said Mr. Kellogg, "citizens of Japan have any right to own real estate es-tate in California, it is difficult to see how this law takes away siieh right because be-cause it provides in substance that such aliens may acquire, possess, enjoy and transfer real estate in the manner and to the extent and for the purposes prescribed pre-scribed by any treaty. j Question Important. The California law, he explained, discriminates dis-criminates between aliens eligible and those not eligible to citizenship, permitting permit-ting the former to possess--, enjoy, transmit trans-mit and inherit real property in tho same manner as citizens, and limiting those not eligible to citizenship to the rights extended to them by treatv with the government gov-ernment of the United States. He said It was understood, however, by the public generally that California claims the right to legislate In respect to land held by aliens, notwithstanding any treaty provisions with tho federal government. gov-ernment. He asserted that the question thus raised - is one of vital Importance to our nation. In its relation to foreign governments. "We cannot expect," he said, "thai American citizens will be respectod and receive the protection to which thev are entitled under the principles of International Interna-tional law and the custom of nations if we declare that our government is so Impotent that it cannot give to foreign citizens within the stales the same protection. pro-tection. Supremacy of Treaties. "II was In the light of history and with the full knowledge of tho condition condi-tion of the treaty making power and of tho violation of treaties by the states, that the constitution was adopted by the convention of every state after the widest dlncussion and deliberate consideration. consid-eration. While preserving the widest field consistent with liberty ri the individual, it was an attempt to confer on the central cen-tral government sufficient power to stand among the nations of the earth." He asserted that the supreme court or the Lnltcd States, fully realizing Its grave responsibility, had established beyond be-yond peradventure the supremacy of the treaties over the laws of the state and has enforced the rights of foreign citizens citi-zens In the face of popular prejudice. Mr. Kellogg commented, however, on the uniform refusal of congress to provide pro-vide legislation to punish violations of treaty rights, Tie stated that Presidents Presi-dents Harrison, ZtlcKlnloy, Roosevelt and raft each urged on congress the passage pass-age of a statute conferring on the federal fed-eral courts jurisdictions to punish violations viola-tions of federal treaties by citizens of the various states, but to the present time congress had not acted. He said: Faith and Honor Pledged. "But the faith and honor of the nation na-tion are pledged to their enforcement, and It Is as much the duty of congress to enact legislation to carry into effect those provisions of our treaties ns It is to appropriate money and enact other legislation legis-lation which congress has always done to carry out the provisions of our International In-ternational agreements. The result has been that the only recourse foreign nations na-tions have had has been to demand indemnity in-demnity for such injuries, which this government gov-ernment has always recognized and paid. No nation claiming the high prerogn- v?. tlle treaty making power has a light to shield Itself behind the claim tiiat one of the constituent states of the union ha3 violated t,he treaty, and that t"c central government has no authority to redress the grievance." Academic Argument. l'i?. stalej) that w,i resented a similar P.?fltJ0V tilkr;n 1,y l3rflz'l 1" ISTn, and he liiblstofl that the question of the admis-g admis-g on of alien races Is a national question; tnat tne federal government alone has the power to exclude them from the slates, anil if admitted, to dncldo on what terms and conditions this should bn done. He considered academic tho argument that If mere are no Implied limitations 1,1 y1e treaty making power It might be i used to dismember the union, abolish tne structure of government, or convey away tho territory of tho states. He asserted as-serted that this use of tho treaty malc-.ng malc-.ng power is not within human probability. proba-bility. He said; "When the time comes, if It over shall, tnat such a demand is made, it will bo aclced by a military power to enforce it rattier than by tho untrammelcd exercise ex-ercise of the treaty making power." Ihe event of the afternoon was the delivery of an address by Viscount Tlal-aPrl'' Tlal-aPrl'' 1 h,Rh chancellor of Great Brlt- Law School Section. Thero waH no regular session of the oar auKOtiatlon tonight, but the Asaocla-I Asaocla-I ilin. "f ''uerlean Lnw Schooln held its ijnirt-enth annual mctUlng. Henry M. rfa e.6, of tno University of Michigan, president of the association, made the ope,1nK epet.cn ami lhe suj,ir!SS of ,jK evening va8 delivered by Edson K. Kun- derland, also of the University or Michigan. Michi-gan. Professor Sunderland's subject was "The Teaching of Practice and Proceduro In T.hw Schools," "Criticism of tho law, the courts and tho legal profession is one of thu popular customs of the day." ho said. "The public pub-lic has become convinced that there la gross mcfllclcncy In tho administration of the law. It has weighed current procedure proce-dure In the balance and found It wanting. want-ing. There is too much delay, expense and uncertainty about it. It docs not produce results commnnsurate with the efforts employed." The causes for this popular attitude, ho continued, were that too little regard was paid to the finer ethical standards of tho processor, of tho law, "No legislation legisla-tion ean reach this problem." he asserted; assert-ed; "It Is essentially ethical nnd tho solution so-lution lies with the bench and bar." He bcsouglit the members of the legal profession to take procedure more seriously. seri-ously. The law schools, ho snld, never had taken hold of proceduro In a thoroughgoing thor-oughgoing and comprehensive- way. He advocated particularly the Introduction of practice courts In law schools and a broadening of curricula to Include both civil nnd criminal pleading, evidence, trial practice and appellate procedure. |