Hamilton et al. v. Regents of the University of California et al. An order of the Regents of the University of California required every able-bodied male student who, at the time of his matriculation, was under the age of 24 years, and who had not attained full academic standing as a junior student, to enroll in and complete a course in military science and tactics. In October 1933, Hamilton and Reynolds, junior, two minors, registered, became students in the University and fully conformed to all its requirements other than that compelling them to take the course in military science and tactics in the Reserve Officers' Training Corps. They petitioned the University for exemption from military training and participation in the activities of the training course upon the ground of their religious and conscientious objection to war and military training. Their petition was denied. The State court, without announcing an opinion, denied the petition for a writ of mandate. Appellants applied for a rehearing and the court denied the application. Appellants then called upon the Supreme Court of the United States to decide whether the challenged provisions of the State Constitution Organic Act and Regents' Order, in so far as they imposed compulsory military training, are repugnant to the privileges and immunities clause of the 14th amendment, the due process clause of that amendment, or the treaty that is generally called the "Briand-Kellogg Peace Pact." The decision (no. 55) of the Supreme Court," delivered by Mr. Justice Butler, is in part as follows: 66 Plainly there is no ground for the contention that the regents* order, requiring able-bodied male students under the age of twentyfour as a condition of their enrollment to take the prescribed instruction in military science and tactics, transgresses any constitutional right asserted by these appellants. The contention that the regents' order is repugnant to the Briand-Kellogg Peace Pact requires little consideration. In that instrument the United States and the other high contracting parties declare that they condemn recourse to war for the solution of international controversies and renounce it as an instrument of national policy in their relations with one another and agree that the settlement or solution of all disputes or conflicts which may arise among them shall never be sought except by pacific means. Clearly there is no conflict between the regents' order and the provisions of this treaty." 6 Treaty Series, No. 796; 46 Stat. L., 2343. TEXTS OF TREATIES AND AGREEMENTS TREATY ON THE PROTECTION OF ARTISTIC AND SCIENTIFIC INSTITUTIONS AND HISTORIC MONUMENTS (ROERICH PACT)1 The High Contracting Parties, animated by the purpose of giving conventional form to the postulates of the Resolution approved on December 16, 1933, by all the States represented at the Seventh International Conference of American States, held at Montevideo, which recommended to "the Governments of America which have not yet. done so that they sign the 'Roerich Pact', initiated by the Roerich Museum in the United States, and which has as its object, the universal adoption of a flag, already designed and generally known, in order thereby to preserve in any time of danger all nationally and privately owned immovable monuments which form the cultural treasure of peoples ", have resolved to conclude a treaty with that end in view, and to the effect that the treasures of culture be respected and protected in time of war and in peace, have agreed upon the following articles: ARTICLE I The historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents. The same respect and protection shall be due to the personnel of the institutions mentioned above. The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war. ARTICLE II The neutrality of, and protection and respect due to, the monuments and institutions mentioned in the preceding article, shall be recognized in the entire expanse of territories subject to the sovereignty of each of the signatory and acceding States, without any discrimination as to the State allegiance of said monuments and institutions. The respective Governments agree to adopt the measures of internal legislation necessary to insure said protection and respect. 1 See pp. 39 ff. The treaty was signed in English, Spanish, Portuguese, and French; the English text only is here printed. ARTICLE III In order to identify the monuments and institutions mentioned in article I, use may be made of a distinctive flag (red circle with a triple red sphere in the circle on a white background) in accordance with the model attached to this treaty. ARTICLE IV The signatory Governments and those which accede to this treaty, shall send to the Pan American Union, at the time of signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed to in this treaty. The Pan American Union, when notifying the Governments of signatures or accessions, shall also send the list of monuments and institutions mentioned in this article, and shall inform the other Governments of any changes in said list. ARTICLE V The monuments and institutions mentioned in article I shall cease to enjoy the privileges recognized in the present treaty in case they are made use of for military purposes. ARTICLE VI The States which do not sign the present treaty on the date it is opened for signature, may sign or adhere to it at any time. ARTICLE VII The instruments of accession, as well as those of ratification and denunciation of the present treaty, shall be deposited with the Pan American Union, which shall communicate notice of the act of deposit to the other signatory or acceding States. ARTICLE VIII The present treaty may be denounced at any time by any of the signatory or acceding States, and the denunciation shall go into effect three months after notice of it has been given to the other signatory or acceding States. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, after having deposited their full powers found to be in due and proper form, sign this treaty on behalf of their respective governments, and affix thereto their seals, on the dates appearing opposite their signatures. April 15, 1935. For the Argentine [SEAL] RECENT PUBLICATIONS During April, the following publications of direct interest in connection with Treaty Information were released by the Department of State and may be secured from the Superintendent of Documents, Government Printing Office, Washington, D. C.: General Claims: Protocol between the United States of America Claims: Agreement between the United States of America and "I'm Alone" Case: Joint Final Report of the Commissioners, 58 о |