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The Legal Status of the Pan American Union1

Published online by Cambridge University Press:  04 May 2017

Walter Scott Penfield
Walter Scott Penfield*
Affiliation:
Of the Bar of the District of Columbia
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Extract

Many times inquiry has been made as to the legal status of the Pan American Union. Its friends have often wished that an opportunity might be afforded a court to determine that question. For the first time in its history, a court of the United States recently had occasion to pass on the matter.

Type
Research Article
Information
American Journal of International Law , Volume 20 , Issue 2 , April 1926 , pp. 257 - 262
Copyright
Copyright © American Society of International Law 1926

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Footnotes

1

Substantially this entire article is taken from the author's trial brief, prepared by him for his use as attorney of the Pan American Union in defense of the garnishee proceedings. In the preparation of the case, the author carefully examined the pertinent provisions of the proceedings of the First International American Conference, held in Washington in 1889,those of the Second International Conference of American States, held in Mexico City in 1901, those of the Third International Conference of the American States, held in Rio de Janeiro in 1906, those of the Fourth International Conference of American States, held in Buenos Aires in 1910, and those of the Fifth International Conference of American States, held in Santiago, Chile, in 1923. But for the purposes of this article, it is only necessary to refer to the material portions of the proceedings of the last Conference, which supersede similar provisions adopted by prior Conferences.

References

2 Art. I, Resolution pertaining to the organization of the Pan American Union, Fifth Conference of American States, Santiago, Chile, 1923.

3 Art. II. Same.

4 Art. V. Same.

5 Art. VI. Same.

6 Art. I. Same.

7 Art. V. Same.

8 Moore's Int. Law Dig., Vol. II, p. 558, with citations; Schooner Exchange v. McFaddon, 11 U. S. S. C. Rep. 116; Hyde, Int. Law, pp. 430-31, with citations; Hassard v. United States of Mexico, 61 N. Y. 645, affirmed in 173 N. Y. 645; Mannsing v. Nicaragua, 14 How. Pr.517; Beers v. State of Arkansas, 20 How. U. S. 527.

9 Stanley v. Schwolly, 147 U. S. 508; U. S. v. Lee, 106 U. S. 196.

10 Oliver American Trading Co. Inc. v. Government of the United States of Mexico and National Railways of Mexico, 5 Fed. Rep. (Second Series), p. 659.

11 XX Ops. Atty. Genl. 558.

12 XXI Ops. Compt. Treasy. 850.

13 McKean Buchanan, Plaintiff in Error v. James Alexander, 45 U. S. Sup. Court Rep. 19.

14 Vol. 3, pp. 56 and 57, Secs. 4063 and 4064, Federal Statutes Annotated, Second ed.

15 Vol. 8, p. 1130, Sec. 3753, same; 24 Ops. Atty. Genl. 679.