Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1901-12-06
Supreme Court Decision In the Case
Known as "Fourteen Diamond
Rings Case"
OPINION RENDERED BY CHIEF JUSTICE.
Right TO Collect Duty ON Goods from
Philippines After Exchange Of
Peace Treaties Denied-In Second
Dooley Case Government Sus.
tained In Collscting Duties.

u . . 80 ~ SASS
=. Pepke ys. the Upited States. This is
the case known as the fourteen dia-'|
1nond rings" case, and involves the eon-
stitutionality OF the imposition of
customs duties upon merchandise
brought into the United States from
the Philippine islands after the ex-
change Of the peace treaty with Spain.
The opinion was handed down by Chief
Justice Fuller.
The chief justice concluded his opin-
ion By reversing the decision Of the
court below. Justice Brown read an
opinion concurring in the result, but
differing from the conclusions drawn
on minor points.
Justices Gray, Shiras, White and Nc
Kenna d~issented.
The opinion was adverse to the
claims. OF the government, on the
ground that the Philippine islands
were at the time the rings were
brought in American territory; ceas-
ing to be foreign territory, they be-
came domestic territory, he said. The
decision in the Defma Porto tRican
cases was cited at length and it was
held that the resolutions adopted by
congress concerning the Philippines
were not sufficient to change the situa-
ton.
In his opinion in the Philippine
case Chief Justice Fuller said that
the Philippine islands ceased to be
foreign territory as soon as the Paris
treaty Of peace was signed and the
resolution to whish he referred ~
biag ineffective and not binding wa
Ne rssoluNon aasptel by the senate
seoa afSs1. he NH1~tisa Of Tie
treaty.
history Of the Case
ThSs 0ss - enc sS ths TIVE important
00s hft uaaes,lsA b. III ssurt at tts
las< tsrv when II AssdGsd . numbsr Of
the UAiteA States with ~ tnsuiAr posses-
s!ens. ne sasss lsdasl at that time bore
entirely spec tk rshtsH Of this ssuA-
try WITH rsrte RieA. aal this was the only
ease sf . lArgs number which were then
argued aal senstlerst which involved the
reiatis,s Il the Vnites States WITH the
P~hf1ip0aass. The ether saN invslvsA the
right ~ fmpcss duties sn'artisles exported
from ne UsftsA States 70 Porto Rico.
Much ASoeeet Aa bs1n DAnAfOstsa In thtS
PhinsDtss sAN bssauss Of the Drebabn-
ity q IsS1slAtisa ~lsNns 70 the PhuD-
pines - ~ a~eprssSht1S ssssssa u Gen.
grsU.
TIE record shows uAat rspks. VII we
che respondent n TIE court below. was q
soldier In the army of the United States In
the island of Luzon; that while thore and
after the ratification Of the peace treaty
he ~purchaeed "a diamond rings. which arc
involved in the case. He afterward brought
.A4l A. - ~
United States aboard the United States
vessel transporting bis regiment to San
Francisco. whore he was mustered out.
Later on he came with the HnSs to Chit
cago. where the rings were eeized BY the
custom oMcsrv under the claim that the
and merchandise brought from those IT,
Lands to the United States was subject to
customs duties, which were not paid BY
Pepke. Pepks set up the claim that ths
imposition OF dutiss ape merchandise un-
der the circumstances was contrary to the
constitution OF the United States and II
violation of his rights as a citizeA.
The case came to the supreme court from
| the district court OF the United States for
the Northern division Of Illinois. In that
| court the facts set up in Pepke's plea were
admitted by demurrer filed by the United
States and that court sustained the de-
murrer. overruling the plea and entering
1 JuCSlItE1l =oEdILLSS " lduE
seized, and directing that it be sold In
accord with the law, and from this deci.
sion the present writ Of error was prose.
cuted.
The Second Doo1ey Oass.
Washington, Dec. 3.-The United
States supreme court Monday decided
the second of the Dooley cases, invelv-
ing the constitutionality Of the law
- A~,:1 20 1,ov;d;o- 30 ~ .o-
Of duty on articles shipped from the
United States into Porto Rico. The
decision vas rendered by Justice
Brown.
In his opinion Justice Brown held
that as Porto Rico is not foreign ter.
ritory the goods shipped to Porto Rico
are not exports, but whether exports
or imports the wide range Of congress
in the matter Of taxation was sufficient
for q contingency of this character. At
best, he said, the duty was a temporary
expedient, and as it was explicitly pro-
vided IN the Foraker act that tie
Porto Riean legislature could change
the character Of the enactment, It was
held that the Foraker act wac mere
" legislation in the interest of Porto
Rico. The Foraker act was sustained
on the grounds laid down in the
Downs case, another of the insulaF
cases decided at the last term. The
decision Of the lower court was af-
frmed. Justace Brown explicitly said
that the opinion was not to be con-
strued as q justification Of export du-
ties.
Justice White concurred in the re-
suit. but delivered an Independent de-
cision.
The chief justice and Justices Har-
Ian. Brewer and Peckham united in a
dissenting opinion in the Dooley case
which was handed down by the chief
justice. They held that the duty inn
posed was export in character and
that the fact that it was levied for
the benefit of Porto Rico did not
change its character.
EngIishman Dead.
London, Dec. 3.-The death is an
nounced Of William Bateman Han.
bury. second Baron Ba1eman, in the
sevepty-sixth year of his age.