The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-02
DECISIONS IN
INSULAR CASES
Philippines q Part Of the
United States.
THE SUPREME COURT 50 RULES.
No Right to Collect Duties on
Goods Imported Into America.
Dooley Loses Suit Against
The Government.

The Supreme Court today rendered its
! Iong-expected decision in the Philippines
| tariff case, holding that the Philippine
Islands are a part of the United States
and therefore no duties can be collected
| on goods passing between these islands
and the United States
The Court Divided.
Mr. Justice Brown. with Chief Justice
| Fuller, Justices Peekham, Harlan, AMI
Brewer, formed the majority and Justices
| White, Shiras, McKenna, and Gray dis
! sented
Diamond Rings Case.
The case on which the decision was
| rendered was that known as Fourteen
| Diamond Rings against the United
States, and arose over the seizure at Chi
| cago of rings belonging to Emil J. Pepke.
a soldier in South Dakota volunteer
regiment, who brought them from the
| Philippines. He claimed the Philippine
| Islands were part of the Territory Of the
United States and that duty therefore
! could not be legally collected.
Argued Last Spring
When the Circuit Court decided against
him, he appealed 70 the Supreme Court,
the question being argued with the Porto
| Riean and Hawaiian tariff cases upon
which q decision was rendered last
spring.
| Decision In Detail
| The decision of the court was announced
| by Chief Justice Fuller While it had
/ been claimed. he said. that the question OF
| possession, which did not occur in the
/ Porto RiceR cases. entered into this one.
| vet he could find no reason for holding
/ differently than IL those cases
/ When the treaty was ratified the Philip
/ pine Islands ceased 70 be Spanish terri
I tory, and therefore, so far as the United
States was concerned. ceased TO be foreign
! territory. Tie inhabitants OF the Islands
ceased to be citizens Of Spain. AID. unlike
| the Porto Ricans. there was no provision
/ IN the treaty that they Should not become
! citizens
T Governed by the Treaty.
As to the claim that the question
ses affected by the resolution adopted By
/ tie Senate. declaring that It was rot the
| intention CT Incorporating the Philippines
| into the United States, and that It's cit
izens were not 10 be citizens CT the Uni
/ ted States, Justice Fuller said that reso-
luton could not be considered superior TO
| the treaty itself. II the resolution had
bern ADOPTED b. two-IziTds vote Of The
! Senate, and had been agreed to by the
House and signed by the President. that
would have been different. The House,
/ however, did not pass Upon 1t. the Pres
! --ie.ent had -nQt signed it. and it had passed
the Senate, not the legal two-th1rds
vote. but BY a majority OF 26 to 2. IT
I therefore did not have the effect Of con-
strung the meaning Of the treaty.
| Justice Browns Position.
Justice Brown. whose position on the
/ several tariff cases has bee . unique
one, in that his vote made the major
fty, said he concurred in the present
| opinion for the reasons announced IN the
Porto Rican cases Congress could pro-
| vide by legislation. as in the case of Por-
to Rico, that duties could be collected,
but as regards the Philippines, it had
not so provided. IN that way the Philip
pines differed from Porto Rico.
| Even if the Senate had adopted the So
called MeEnery resolution by a unanimous
vote, instead CT by vote Of IS to p. 1t
might have affected the situation That
resolution, therefore. could not be regard
ed as part of the treaty. since it neither
received the legal two-thirds vote of the
Senate nor the concurrence of the House
and the President
Grounds OF DIssenters.
Justice Gray, in announcing the dissent
of himself and Justices White, shiras. and
MeKenna, said they based It on grounds
they took in the De Lima. Downes. and
Dooley cases in Porto Rico.
Decision Against DooIey.
The Porto Rico InsuIar case of Henry
". Doo1ey VS.. the United States vas de-
cided by tte Supreme Court Of the United
States tcGsy against Dooley. The
| court held that the duties on goods
imported into Porto Rico from the United
States after the passage of the Foraker
Tariff act was for the benefit Of Porto
| Rico and therefore properly collected.
If the duties levied by the Foraker
act" said Justice Brown. had been COW
cred into the United States Treasury. the
tax on goods going into Porto Rico from
the United States could properly. be term
ed tax on exports As the duties thus col
lScteo went IoT the bene1t OF the 1uSuidT
treasury and were collected only until the
Territory was fully organized, the For
aker act was legislation exclusively 70
Porto Rico, and did not contravene tn
provisions of the Constitution that dutie
should be uniform throughout the Unitets
differences of Opinion.
Mr. Justice White. while agreeing with
the conclusion reached, yet. in view OF
the Importance of the subject, gave his
opinion at some length on some of the
minor points upon which he did not con-
cur.
Like all the Porto Rican tariff decisions
hitherto decided. only a majority of the
court eoneurred in the opinion. Justices
Harlan. Brewer. and Peckham and Chief
Justice Fuller dfsseRted, the dissenting
opinion being announced by the latter.
The ttRoyaI LImI4ed1
Baltimore and Ohio railroad.
: | Exclusively Pullman trains. buffet smoking car.
Iparlor. observation. dining and cafe cars Leaves
dajfy 2 D extra fare ef5r=p