suitable means to exercise it, but to the executive and legislative departments of our government; and that they belong to diplomacy and legislation, and not to the administration of the laws. And he justly observed, as a necessary consequence of these views, that if the power to determine these matters is vested in congress, it is wholly immaterial to inquire whether by the act assailed it has departed from the treaty or not, or whether such departure was by accident or design, and, if the latter, whether the reasons were good or bad.

"In these views we fully concur. It follows, therefore, that when a law is clear in its provisions, its validity cannot be assailed before the courts for want of conformity to stipulations of a previous treaty not already executed. Considerations of that character belong to another department of the government. The duty of the courts is to construe and give effect to the latest expression of the sovereign will.'"

"The treaty with Italy does not extend any special privileges to the nationals of that country as to the conditions of their admission to the United States or the length of their stay.

"Beyond a doubt Congress has the right to exclude aliens, or to permit them to enter this country upon prescribed conditions. The conditions have been enacted in the act of 1924.

"That act provides for certain quotas, and, in addition, permits certain nonimmigrant aliens to enter the country for certain specified purposes, under restrictions set out in the statute.

66

Under the statutes, and regulations legally adopted thereunder, the relators were admitted as merchants upon the understanding, as set out in the statute, that if they failed to maintain the status under which admitted they would depart from the United States. Upon their failure to depart voluntarily, the law authorized their deportation, as having remained here for a longer period of time than permitted under the law and regulations made thereunder. 8 USCA § 214.

"The proof establishes the fact that they changed their status; that they were not engaged solely as merchants, but were employed in labor, repairing shoes.

"This is admitted by them, and as to Coco it appears fully in his affidavit submitted for the purpose of extending the time for his departure.

The duty of the court is to enforce the law; and, consequently, the writs of habeas corpus issued in each case will be discharged, and the relators will be remanded to the custody of the Commissioner for deportation."

TEXTS OF TREATIES AND AGREEMENTS

PEACE PROTOCOLS BETWEEN BOLIVIA AND PARAGUAY REGARDING THE CHACO 1

Protocol

Their Excellencies Dr. Luis A. Riart, Minister of Foreign Relations of the Republic of Paraguay, and Dr. Tomás Manuel Elío, Minister of Foreign Relations of the Republic of Bolivia, having met at the Ministry of Worship and Foreign Relations of the Argentine Republic at Buenos Aires on the twelfth day of the month of June of the year one thousand nine hundred and thirty-five in the presence of the members of the Commission of Mediation set up for the purpose of promoting the solution of the conflict existing between the Republic of Paraguay and the Republic of Bolivia, namely: His Excellency Dr. Carlos Saavedra Lamas, Minister of Worship and Foreign Relations of the Argentine Republic; His Excellency Dr. José Carlos de Macedo Soares, Minister of Foreign Relations of the Republic of the United States of Brazil, and His Excellency Dr. José Bonifacio de Andrada e Silva, Ambassador of the United States of Brazil; His Excellency Dr. Luis Alberto Cariola, Ambassador of the Republic of Chile, and His Excellency Dr. Félix Nieto del Río, Special Delegate Plenipotentiary of the Republic of Chile; His Excellency Alexander Wilbourne Weddell, Ambassador of the United States of America, and His Excellency Hugh Gibson, Special Ambassador Plenipotentiary of the United States of America; His Excellency Dr. Felipe Barreda Laos, Ambassador of the Republic of Peru; and His Excellency Dr. Eugenio Martínez Thédy, Ambassador of the Oriental Republic of Uruguay;

Their Excellencies the Ministers of Foreign Relations of the Republic of Paraguay and of the Republic of Bolivia having exhibited their full powers, which were found to be in good and due form, decided, under the auspices of the said Commission of Mediation, to concert, ad referendum to their respective Governments, the following bases:

To request the mediating group kindly to ask His Excellency, the President of the Argentine Nation, immediately to convene the Peace Conference for the following purposes:

1

Translation by the Department of State. See p. 10.

1. To ratify formally the present agreement.

2. To settle the practical questions which may arise in the execution of the security measures adopted for the cessation of hostilities.

3. To promote the settling of the matters in dispute between Bolivia and Paraguay by direct agreement between the parties, it being understood that, should the direct negotiations fail, Bolivia and Paraguay assume, by this agreement, the obligation to settle the Chaco matters in dispute by means of juridical arbitration (arbitraje de derecho) designating now the Permanent Court of International Justice of The Hague as arbiter;

The Peace Conference shall terminate the direct negotiations when, in its opinion, the time may have arrived to declare the impossibility of reaching thereby a definitive solution; in this event, the parties shall proceed to the concerting of the arbitral compromis; the Peace Conference cannot terminate its functions as long as the arbitral compromis is not definitively agreed upon.

4. To promote, when it is deemed opportune, agreement between the parties with regard to the exchange and repatriation of prisoners, bearing in mind the practices and principles of international law.

5. Establishment of a régime of transit, trade, and navigation which takes into account the geographical position of the parties. 6. To promote facilities and agreements, of a different kind, intended to encourage the development of the two belligerent countries. 7. The Peace Conference shall set up an International Commission which shall render an opinion on the responsibilities of every order and every kind arising from the war; if the conclusions of this opinion are not accepted by one of the parties, the Permanent Court of International Justice of The Hague shall definitively settle the question. The Governments of the Republics of Bolivia and Paraguay undertake to obtain the legislative approval of the present agreement within a period of 10 days from the date of its signature.

II

The definitive cessation of hostilities on the basis of the present positions of the belligerent armies.

The positions of the armies in conflict are determined as follows: (a) A 12-days' truce is agreed upon in order that a neutral military commission, composed of representatives of the mediating nations, may fix intermediate lines between the positions of the belligerent armies. The truce shall begin at 24 o'clock, meridian of Cordoba, on the day on which the Neutral Military Commission, hav

2 Sp., de distinto género. The context strongly suggests that a clerical error has been made here and that the words intended were de distintos géneros (of various kinds).-TRANSLATOR.

ing already arrived at the field of action, considers itself ready to begin its mission.

The Neutral Military Commission shall hear the belligerent military commanders in order to determine the line of separation between the armies, and it shall decide cases of discrepancies. Once its mission is fulfilled it shall so inform the Peace Conference.

(b) On the expiration of the period of truce established under clause (a), the Peace Conference shall extend it until the complete execution of the security measures provided for in article III.

(c) The Neutral Military Commission shall decide as to the modifications which experience may show to be advisable in the line of separation between the armies, after hearing the military commanders of the belligerents.

(d) During the truce and its extension the lines of separation between the armies shall be maintained under the guarantees of the Peace Conference, for which purpose the Neutral Military Commission shall exercise vigilance and supervision over them.

III

The adoption of the following security measures:

1. Demobilization of the belligerent armies within a term of 90 days from the date of the fixing of the line of separation between the armies to which reference is made in article II, in the manner to be established by the Neutral Military Commission, after hearing the belligerent military commanders, and up to the limit fixed in the following clause.

2. Reduction of military effectives to the maximum figure of 5,000 men.

3. The obligation not to make new purchases of war matériel, other than that indispensable for replacement, until the concerting of the treaty of peace.

4. In signing the present agreement in the presence of the mediators, the parties undertake the obligation of "nonaggression ".

The Neutral Military Commission shall be charged with the supervision of the execution of the security measures until they are carried out in their entirety. Once these are carried out, the Peace Conference shall declare the war to be terminated.

As soon as the execution of the foregoing military securities and guarantees is initiated in the field of operations, which measures must be totally carried out within the maximum term of 90 consecutive days, the study of the matters in dispute shall also be initiated at the same time, and the Peace Conference shall exercise the functions specified in article I.

IV

The declaration of the 3d of August, 1932, regarding territorial acquisitions, is recognized by the belligerents.

V

In deference to the humane sentiments of the belligerents and mediators, firing is suspended from 12 o'clock June 14 (meridian of Cordoba).

In virtue whereof they, by common accord, and together with the representatives of the mediating states, subscribe this protocol, in duplicate, and sign and seal it on the date and at the place indicated above.

LUIS A. RIART

TOMÁS M. ELÍO

CARLOS SAAVEDRA LAMAS

JOSÉ CARLOS DE MACEDO SOARES

JOSÉ BONIFACIO DE ANDRADA E SILVA

LUIS ALBERTO CARIOLA

F. NIETO DEL RÍO

ALEXANDER W. WEDDELL

HUGH GIBSON

FELIPE BARREDA LAOS

EUGENIO MARTINEZ THÉDY

(Seal: Ministry of Worship and Foreign Relations of Argentina)

L. A. PODESTA COSTA,

Director General.

Additional Protocol

In order to give effect to the provisions of article V of the protocol' signed on this date, the High Contracting Parties request the Commission of Mediation to send the Neutral Military Commission to the scene of operations immediately. Upon the latter's arrival it shall arrange for the suspension of firing provided for in the said article V and shall begin the work of fixing the line of separation between the armies, stipulated in article II, paragraph a, of the principal protocol. Upon the ratification of the principal protocol by the Congresses of Paraguay and Bolivia within the period of 10 days provided therefor, the provisional suspension of firing to which this additional protocol refers shall be automatically transformed into the initial truce with a view to the definitive cessation of hostilities provided for in article II, paragraph a, of the principal protocol; if on the contrary such ratification does not result, the sus