The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-20

rings, it appears that the claimant,
Fepke. served as a United States sol
der IN Luzon. that while there he ac-
quired the rings in question and
brought them into the United States
without paying duty. The rings were
seized last May at Chicago by a United
States customs officer as merchandise
liable to duty. The claimant pleaded
that at the time he acquired said
property Luzon was part of the terri
tory of the United States and that
the seizure OF said goods was contrary
to the claimants right as a citizen of
the United States.
He insisted that congress is required
in laying and collecting taxes to see
that all taxes and duties shall be uni
form throughout the United States. TO
this plea the United States demurred
and the district court gave judgment
of forfeiture for the government
Discussing the effect of the courts de-
eision in these cases. the Chicago Tri-
bUne says:
on the determination of these suits
depends the settlement Of the Preach
ing constitutional questions, 50 vigor-
ously discussed in the press and on the
stump during the recent campaign, con-
corning the exact status of Porto Rico
and the Philippine islands and their in
hahitants.
If the supreme court decides that Mr..
Goethe ought not to be made to pay
taxes on his Porto Riean tobacco or Mr.
Pepke on his rings, and that the money
must be refunded, the decision will have
a sweeping effect in several directions.
It will mean not only that all duties
hitherto collected in the United States
en- Porto Rican and Philippine goods
must be refunded, and that similar du-
ties on American goods sent to Porto
Rico and the Philippines shall likewise
be refunded, but it will also mean that
whatever customs duties and internal
revenue taxes are levied on this CONT
nent must be levied in the islands I'M
der American rule-that there must be
absolute uniformity Such a decision
would put an end to what has been
called the ssopen door, in the Philip
pines, except temporarily in the case OF
Spain. That power, by the terms Oh
the Paris treaty, has right to send its
goods to the islands for ten years after
ratification on the same terms as Amer
lean merchandise. If the court holds the
latter cannot be made to pay duties
Spanish goods must be let in free Mer-
chandise from other countries will have
to pay Dingley law duties.
If the court decides that Mr.. Goethe
must have his money back, and that
the constitution has been operative in
Porto Rico and the Philippines from
ratified then it will decide also that
the inhabitants of Porto Rico and the
civilized inhabitants of the Philippines
are citizens Of the United States and
are protected by all the guarantees Of
the constitution. This will imply that |
they have a right to come to this coun-
try and settle here, own property here
and vote here after they have been long |
enough in a state That the Filipinos |
will come, however, even if declared |
no one seriously apprehends-
The word civilized" has been used |
in the foregoing reference to |
them. If the supreme court entertains |
the same views concerning this matter |
that ex-President Harrison gave utter |
anee to the other day, it will decide that |
the status of the uncivilized inha bitants |
Of the Philippines-and q great many of |
them unquestionably come under that |
observation-disclosures no more citizens of /
the United States than are the members |
Of the Indian tribes on this continent /
Then the perplexing question will arise |
as to which of the Filipinos are civil /
zed and which are not.
If the decision suStains the policy |
which congress has pursued everything !
viii go on as it has been going. IF it /
takes the contrary ground it may be
necessary for congress to lay other /
matters aside and do little legislating
70 meet the altered conditions.