The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-29
TO TEST COLONIAL POLICY
Opinions Expected in Important
Cases Early in October.
Right Ia Demand Customs Duties on
Goods shipped to the United states
From the Philippines to lie Adj
judicntcd by the Supreme Court.

conStituti0nIlity of the Governments CO.
Ionigl policy. The cases that were left
over when the term of the court expired
in May ar, known as the Fourteen Dia-
moud Rings case and the Second Doc
ley case. Why the court did not pass
ON these cases along with the others IN
May is not known. Failure TO do SD has
left some interesting phases Of Tho great
questions involved i'm the insular Iitiga-
tion wholly underlined This especially is
true az to the Fourteen Diamond Rings"
case. which raises the whole question as
TO the right or power OF the United States
customs officials 10 demand tariff duties
on products OF the Philippines brought
into this country. To an extent the
courts failure thus far to decide this case
has left undetermined in a broad sense
the relations between the Philippines and
the United States.
From the first the contention of the
Government has been that the Philippine
test case was on all fours with the Porto
Rican cases that were won by the Gov
eminent. But counsel on the other side
have made particular Efforts 50 to con-
tradistinEuish the Philippine from the
Porto Rican cases as to win victory in
dependent Of the outcome OF the Huga-
ton over Porto Rico. At the instance Of
the Government the Philippine case was
Joined with some Of the other insular
test suits brought about the same time,
and the cases were argued and submitted
together This WAS notice on the part Of
the Government that in its view of the
matter tho principles involved were iden-
teal The fact, however. that in its con-
cIusions the Supreme Court severed the
Philippine case from its companions. or
at least set it aside to be acted on sep
arately, suggests the possibility that the
court may find that the vital points In
1 the Philippine suit are so at variance
with those already passed on in the Porto
Ricau case as to render necessary a find
ing in this case that may not SO COM
| pIetely vindicate the Governments Phil
| ippiue policy as the court has done with
reference 10 Porto Rico. However, So
| licitov General Richards, who assisted At
/ tOruey General GriEgs in the preparation
/ of the Governments case in all the insu-
/ lar test suits, declares that he has not the
| slightest apprehension as to what the
| courts decision viii be in the Philippine
| case Indeed, MI Richards goes 50 far
/ as TO say that he believes the courts de
| Cisi0u in this case viii be even more
! strongly in favor Of the Government than
/ was its decision in the DOwnes case, in
]
/ gross which prcscriDes discriminating
| tariff duties against the products of Porto
/ Rico.
In the view of the Government the Phil
| ippine case involves exactly this principle.
/ 1t is a suit brought by Emil Pepke. a citi-
/ zen Of North Dakota, TO recover fourteen
| diamond rings which he purchased in the
! Philippine Islands while he was a private
l in the United States Army there and
/ brought back to this country with him At
! Chicago customs officials seized his rings
because he had not paid the duties pre-
| scribed by the DingIey law Pepke lost
[ his suit in the courts below, and his at
| torney, ex-SOlicitor General Aldrich. Of
| Chicago, brought it 10 the Supreme Court
on appeal. Those who believe, or profess 70
| believe that the Supreme Court viii award
| victory TO Pepke base their argument
| on the fine-spun theory that the terms and
considerations Of the cession Of the Phil
ippine Islands vary materially from those
Of the cession Of Porto Rico. However,
as the point was not raised when the
cases were argued. it is considered i'm
probable that the court will take cogni-
/ zance Of il. even If il should be well
| founded. Hence. il is confidently believed
in the best informed circles ia Washington
that the PepSe. or Fourteen Diamond
Rings case viii be declared by the SUI
preme Court 10 be on all Tours with the
Downes case.
The second Dooley case is so called be-
| cause IL involves a principle generally be
lieved not 20 be similar 70 that fine point
on which the Government lost in the first
/ DooIey case In the suit Of Doolsy and
| others. that was decided adversely 10 the
Government last May, action was brought
TO recover a sum Of money paid by DODley
d Co under protest % the Collector OF
| Customs at New York soon after this
Government had declared It's military oc'
cupation Of Porto Rico and before am. OF
! the laws Of the United States had beer
formally extended to the island in The
second Dooley case suit was brought t.
recover money paid under protest as Gus
toms dues 10 the military authorities ir
Porto Rico on exports from New York
The case is not regarded as Of especia
importance in view Of the fact that th'
| greater principle involved already Ia.
been decided fav0rably 10 the Government
in the DOWnes case.
1t is not believed that decision in eth
or Of these cases viii be rendered before
the nrst Of next year. The reason 4
| plain. In the first place the court doe!
! not meet until the second Monday In Dc
Il tober. which IS the 18th day of the month
j The Supreme Court has never been know
i | to hand down an opinion on the first da.
! Of a term. II is possible. Of course, tina
the decision may be rendered the mex
] | NTgUda- in compliance with the genera
: rule which makes Monday opinion day
, | But persons best acquainted with the Gus
, toms and traditions of the court say tina
: If the justices had had their opinion
! sufficiently advanced at the expiration %
the last term To be able 10 deliver then
I so soon after the beginning OF the neN
term as the time mentioned they WOul
have found way 20 dispose OF them las
| MAY, and thus get rid Of an the case
then. II is considered probable that ia
! decision in the Philippine case may D.,
0uuortunitv TO enact some additional leg
| islatiou for the Philippine IN this event
no check 10 the development Of the Gov
crumeut's purpose and policy IN tn Phil
| fUDiu.S would occur should the court DC
} eide the case adversely.
IL is interesting TO note that the Su
! prame Court is more nearly up with IL
? docket than IL has been FOR almost half
. century This important statement wa
! made today by one OF the Oldest oihclal
| of The court who declared that the tr
hluaI is now only about one year benin
| IN its work lie attributes this uuusua
i, ! condition largely TO the unraEglng indus
| try and energy Of Chief Justice Fullel
| When the Chief Justice came 70 IN
:, | bench in lSsS IN" supreme Court dock'
: ! was greatly cOnEested and the work q
- the court was about seven years benin,
This meant that the ItigaEJ who appca
: / cd his case 10 the highest tribunal In tn
land had TO wait seven years Tor a hea'
.HHa. of HrHE