Name: Kolovrat v. Oregon — Opinion of the Court
Author: Hugo Black

Quotes from Kolovrat v. Oregon — Opinion of the Court (Hugo Black)

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ While courts interpret treaties for themselves, the meaning given them by the departments of government particularly charged with their negotiation and enforcement is given great weight. [11] We have before us statements, in the form of diplomatic notes exchanged between the responsible agencies of the United States and of Yugoslavia, to the effect that the 1881 Treaty, now and always, has been construed as providing for inheritance by both countries' nationals without regard to the location of the property to be passed or the domiciles of the nationals. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ Oregon law, its Supreme Court held, forbids inheritance of Oregon property by an alien living in a foreign country unless there clearly exists 'as a matter of law an unqualified and enforceable right' for an American to receive payment in the United States of the proceeds of an inheritance of property in that foreign country. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ Thus, recognizing quite properly that state policies as to the rights of aliens to inherit must give way under our Constitution's Supremacy Clause to 'overriding' federal treaties and conflicting arrangements, the state court considered petitioners' contention, supported in this Court by the Government as amicus curiae, that petitioners were entitled to inherit this personal property because of an 1881 Treaty between the United States and Serbia, which country is now a part of Yugoslavia. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ After the proper governmental agencies have selected the policy of foreign exchange for the country as a whole, Oregon of course cannot refuse to give foreign nationals their treaty rights because of fear that valid international agreements might possibly not work completely to the satisfaction of state authorities. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ The rights conferred by the 1881 Treaty, broadly stated as they are, would fall far short of what individuals would hope or desire for their complete fulfillment if one who by work and frugality had accumulated property as his own could be denied the gratification of leaving his property to those he loved the most, simply because his loved ones were living in another country where he and they were born. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ For reasons to be stated, we hold that the 1881 Treaty does entitle petitioners to inherit personal property located in Oregon on the same basis as American next of kin and that these rights have not been taken away or impaired by the monetary policies of Yugoslavia exercised in accordance with later agreements between that country and the United States. ”

[↩︎]

Source: Wikisource

Hugo Black, Kolovrat v. Oregon — Opinion of the Court

“ The 1881 Treaty clearly declares its basic purpose to bring about 'reciprocally full and entire liberty of commerce and navigation' between the two signatory nations so that their citizens 'shall be at liberty to establish themselves freely in each other's territory.' Their citizens are also to be free to receive, hold and dispose of property by trading, donation, marriage, inheritance or any other manner 'under the same conditions as the subjects of the most favored nation.' Thus, both paragraphs of Art. ”

Hugo Black

Summary

Quotes from Kolovrat v. Oregon — Opinion of the Court (Hugo Black)

Get perspective with Kwize: daily news enlightened by great literature

Hugo Black

Summary

Quotes from Kolovrat v. Oregon — Opinion of the Court (Hugo Black)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature