Mr. Husar replied with a citation which declared that treaties were the supreme law of the land, and other tions controverting Mr. Franklif's argument with respec: to the nullification of treaties by succeeding ones, to the effect that such provisions to be revoked in one must actually be included in the other and thay such other portions as were not actually in it were not abrogated. He stated that under Federal provisions there were penalties applicable up to two years' imprisonment and a fine of $10,000, on proof of conspiracy charges.
With reference to the President's Proclamation of March 4,1922,. he read portions of it and argued from America to China, that this'did not have any bearing on this case for these arms were not brought from the U. S. but were Russian, Therefore this proclamation did not concern ixself with the Treaty of 1903. under which the charges were partially being brought.
Judge Lobingier~What have you to say with the question raised by che defence that a trea not self-executing could be applied here?—I have cited a case.
Judge—Lebingier—Have you any authority to show that there is power by a treaty power to create an offence and punish?
Mr, Husar—T have by implica tion.
Judge Lobingier then suggested that the attorneys. submit their authorities and further—star ments, with regard to the instances of American citizens being convicted for crimes in violation of' non-executing treaties
Text read from the printed page and cleaned; old type leaves the occasional error.