The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-15
re CoNsFEUTIoNAND THE FLAG
Issues in Tie Pepixe Case Before the
Supreme Court.

supreme Court.
The constitutional status Of the Phi lip
pine Islands md the nature of thsir rela-
tons to the United States are to be de-
termined by the decision in the case of
Emil J. Pepke. which Will come up in the
Supreme Court on Monday The import
ance of the case warrants a rehearsal OF
the facts upon which it is based
Pepke. natlve-born citizen CT The Uni
ted States. enlisted in a North Dakota
regiment fer service in the Philippines.
While on service. and at period sabsa-
quent to the ratification of the Treaty 81
Paris. he became possessed OF the Gia-
mond rings which are the subject CT the
present controversy. Having been wound
Ell he was sent home. and on SEPTEMBER
p. 1899 he was honorabiy mustered out
at San Francisco. AT that time he had
the rings in his possession From san
Francisco he proceeded 20 his home, and
at a later period turned I'D in Ch-eago.
where United States Gus ,oms house Il
hcer waited upon him and relieved him
of the fourteen diamond rings, which he
was presumably trying TO sell, upon ihe
ground that they had been brought into
this country unlawfuIly.
After that things took their regular
course. An information was II q against
Pepke in the United States District Court
at Chicago. in which the facts were set
forth. The defendant entered a plea N
which it was urged that as the Cons. itu-
tieR follows the dag. the Philippine ISL
aDds were part OF the United States. as
much a part as thu State OF Illinois, and
tnat as il was unlawful for the United
~ fNr7r~n gTUrr-~
goods passing from one part of the eoun-
try to another. the diamond rings which
Pepke had brought with him from Ma
Mia were not subject 70 custom house
duties. and that the proceedings OF the
Federal officials had been fmproyident, iF-
regular unauthorized and Illegal. and
so the claimant prayed that the court
order that his property be returned 10
him
The United States District Attorney
traveTsed the issue thus made up. and at
the conclusion of the argument of The
court declared that the United States had
the best Of it. that the Philippines were
not part OF the country in the same
sense that the State OF Illinois is part
OF it. that merchandise entering this eoun-
try from Manila was subject 20 the tariff
and that the seizure OF Pepke's diamonds
had accordingly been rightly made.
W ALt4 CNElGA NAS ACt-EAAuIE fl&t2 0ttAE % LIE
property was deereed.
But Pepke was in the position of the
man who is convinced against his viii.
He vas OF the same opinion still and h
took the appeal upon which the Snnreme
Court is now being asked to proneaRee.
This appeal. II is held. unlike that in tie
Nicely case, puts the question of the con-
stitutional status ct the Philippines d.
rectly in issue. Eminent lawyers say that
II the Consultation does follow the fig
80 that the laws in force in the United
States are equally in force wherever the
flag floats. If the Philippines are as much
a part of the country, and part OF the
country in the same way as any State.
then the position taken by the claimant
in his case is obviously fncontrovertible,
and the seizure of his fourteen rings vas
an Illegal act for which the Government
will be required TO make reparation. II.
on the other hand. the Philippines are Lot
a part CT the country in any such sense,
II they are merely property belonging to
the United States whose disposition waits
upon the action Of Congress, then the
right to collect a customs duty on mer-
ehandIse imported from Manila cannot be
denied and Pepke loses his case.