Charles Evans Hughes

“ The provision of article VI is reciprocal. The property of a Persian subject dying within the United States, leaving no kin, is to be dealt with in the same manner as the property of a citizen of the United States dying in Persia in similar circumstances.
It is not necessary to invoke the familiar rule with respect to the liberal construction of treaties, [2] as the instant case merely calls for a reading of the provision as to 'citizens' and 'subjects' according to its terms. There is no applicable principle which permits us to narrow them. ”

“ In order to determine whether such a construction is admissible, regard should be had to the purpose of the Treaty and to the context of the provision in question. The Treaty belongs to a class of commercial treaties the chief purpose of which is to promote intercourse, which is facilitated by residence. Those citizens or subjects of one party who are permitted under the Treaty to reside in the territory of the other party are to enjoy, while they are such residents, certain stipulated rights and privileges. ”

“ The decree was affirmed by the Appellate Division of the Supreme Court of the state, First Department (229 App. Div. 862, 243 N. Y. S. 814) , and both the Appellate Division and the Court of Appeals of the state denied leave to appeal to the latter court. The case may be regarded as properly here on certiorari. Jud. ”