WRIGHT— POWER TO MEET RESPONSIBILITIES. 261 



105. Observance of International Law by the Courts. 



Judicial action may give grounds for international complaint in 

 case justice is denied to aliens by the courts in civil or criminal 

 trials and in case international law or treaty are not applied in cases 

 affecting aliens or foreign governments.^* The guarantees of " due 

 process of law " to all persons in the United States by the Vth and 

 XlVth amendments are applicable respectively against the national 

 and state governments, and in both federal and state courts. To- 

 gether with other more specific constitutional guarantees relating 

 especially to criminal trials, they seem to assure aliens a procedure 

 and an absence of unreasonable discrimination in the law applied, 

 sufficient to prevent a "denial of justice" as understood in inter- 

 national law. 



However, the alien may feel greater confidence in federal than 

 in state courts because of the decreased chance of local prejudice. 

 Under present statutes he is entitled to bring action against citizens 

 in civil cases in the federal district court if over $3,000 is in contro- 

 versy or if " for tort, only in violation of the laws of nations or of 

 a treaty of the United States." *^ Ambassadors and consuls of 

 foreign governments are entitled to bring suits originally in the 

 Supreme Court, though they may also sue in the state courts. They 

 may be sued, however, only in the federal courts, and diplomatic 

 officers only in the Supreme Court and then only so far as the law 

 of nations permits.^'' 



Any alien not resident in the state may have an action brought 



against him in a state court, removed to a federal district court if 



it is of a type which might have originated in that court. If 



" from prejudice or local influence he will not be able to obtain 



justice " in the state court, he may have any suit removed.'"'^ Any 



alien may also have the case removed : 



" In any civil suit or criminal prosecution commenced in any State 

 court for any cause whatsoever," if he " is denied or can not enforce in the 

 judicial tribunals of the State, or in the part of the State where such suit 



*" Borchard, of^. cit., p. 335. 



4" Judicial code of 191 1, sec. 24, pars, i, 17, 36 Stat. 1091, 1093. 



5° Ibid., sec. 24, par. 18, sec. 233 ; sec. 256, par. 8. 



^^ Ibid., sec. 28. 



