The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-02
DOMESTIC TERRITORY.
Merchandise Imported From
There Should Not Pay Duty.
Decision of the Court Below
Was Reversed
BY JUSTICE FULLER.
Justices Gray, Shiras, White
and McKenna Dissented.

Washington, Dec 2.-The United
States supreme court today rendered a
decision in the case of Emil J. Pepke VS.
the United States. This is the case
known as the Fourteen Diamond Rings
case and involves the constitutionality
of the imposition of customs duties
upon merchandise brought into the
United States from the Philippine is
lands after the exchange of the peace
treaty with Spain. The opinion was
handed down by Chief Justice Fuller.
The opinion was adverse to the claims
of the government on the ground that
the Philippine islands We're al the time
the rings were brought in, American
territory, ceasing to be foreign territory
they became domestic territory, he said
The decision in the De Lima Porto
Rican 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.
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 diSSented.
This case is one of the two important
cases left undecided by the court at
the last term, when it decided a num-
ber of cases involving the customs re-
insular possessions The cases decided
at that time bore entirely upon the re-
IatiOns of this country with Porto Rico
and this the only case of a large
number, which We're then argued and
considered, which involved the relations
of the United States with the Philip
pines. The other cases involved the
right to impose duties an articles ex-
ported from the United States to Porto
Rico. Much interest has been manifest
ed il this Philippine case, because of
1ae1I1 fc1o o1oti ti7,er
to the Philippines at the approaching
session of congress.
The record shows that Pepke, who was
a soldier in the army of the United States
md IN the isand f OF qzcn that whie there
treaty he purchased the fourteen diamond
afterward brought these rings, while still
in the service of the United States, aboard
regiment to San Francisco. where he was
mustered out. Later he came with. the
seized by the customs officers under the
claim that the Philippine islands We're for
from those islands to the United States
was subject to customs duties, which were
that the imposition of duties on merchan-
disc under the circumstances was con-
trary to the constitution and in violation
of his rights as a citizen
The case came to the supreme court
states for the northern district OF
Illinois; In that court the facts set up
murrer filed by the United States and that
court sustained the demurrer, overrulins
the plea and entering Judgment against
the merchandise thus seized and directing
that it be sold in accord with the law,
and from this decision the present writ
of error was prosecuted
In his opinion in the Philippines case
Chief Justice Fuller said that the Phil
ippine islands ceased to be foreign ter
ritory soon as the Paris treaty of
peace was signed, and the resolution
to which he referred as being ineffect-
i've and not binding was the resolution
adopted by the senate soon after the
ratification of the treaty.
HABEAS CORPUS REFUSED.
Washington, Dec. 2.-The U. S. su-
preme court today affirmed the order
of Judge Lacombe, of the New York
federal court, refusing writ of habeas
corpus in the case of George F. Bis
sert of the New York police force. He
was a ward man. and was convicted
on the charge of making Illegal exac-
tions and collections.
The chief justices 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 i'm
posed was export in character and that
the fact that it was levied for the
benefit of Porto Rico did not change
itS oh far-