811.623 Florida/7
The Secretary of State to the Italian Ambassador (De Martino)
Excellency: I have the honor to refer to your Excellency’s note of February 9, 1928, in further relation to a fish and game law which became effective in the State of Florida on July 1, 1927, and to inform you that a communication in the matter has been received from the Governor of the State of Florida.
In this communication the Governor encloses a copy of an opinion of the Attorney General of Florida stating that in his estimation the statute of which Your Excellency complains is not in violation of existing treaty provisions between the United States and Italy. Referring to this opinion, the Governor states that it clearly sustains the position taken by the Shell Fish Commissioner of Florida and that in the circumstances there is nothing further which he is able to do in the matter.
[Page 116]While I regret this apparent reversal by the authorities of the State of Florida of the position previously taken by them as set forth in my note to you of October 11, 1927, I desire to point out that under the Constitution of the United States, treaties are a part of the supreme law of the land and are enforceable by the courts and that this principle is especially applicable where a complaint has been made that a State law is in conflict with existing treaty provisions. In the instant ease the authorities of Florida have taken the view that such a conflict does not exist and are administrating the law accordingly. In such a case provision has been made by law for a review of the matter by the Federal Courts and it is competent for any Italian subject who feels aggrieved by the tax in question to apply to the courts of the United States, in which are vested under the Constitution and laws of the United States, the authority to interpret treaties and whose decisions are binding upon the courts and administrative officers of the several States.
Accept [etc.]