New-York tribune., 1901-08-29
NATIONAL CAPITAL TOPICS.
GOVERNMENT EXPECTS TO WIN THE
PHILIPPINE TEST SUIT-SUPREME
COURT BUSINESS WELL
ADVANCED.
tBY TELEGRAPH TO THE TRIBUNE.I

some time after 1t reassembles in October the Su-
prene Court, 1t is expected. will hand down de-
| clslons In the last two of the series of suits
brought to test the consttutonality of the
| nents colonial policy. The cases that left
over when the term OF the court expired in May
| are known as the Fourteen Diamond Rings case
and the Second Dooley'' case. Why the court did
not pass on these along with the others in
May is not known. Failure to do has left
interesting phases of the great questions involved
IN the lnsular litigation wholly underlined. This
especially is true to the Fourteen Diamond
Kings case. which raises the whole question to
the right or power of the United States customs
officials demand tariff duties on products of the
Philippines brought into this country. To
tent the courts failure thus decide this
has left undetermined in broad the rea-
ttons between the Philippines and the United
states From the first the contention of the gov
ernment has been that the Philippine case was
on all fours with the Porto Rican cases that
won by the government But counsel on the other
side have made particular efforts to contradis
unguish the Philippine the Porto Rcan cases
as TO win victory Independent of the outcome of
the litigation Porto Rico. At the instance OF
| the government the Philippine case was Joined
with some of the other nsular test suits brought
about the same time and the cases were argued
| and submitted together. This notice on the
part of the government that in its of the mat
| ter the principles involved identical. The
ract, however that in It's conclusions the Supreme
Court severed the Philippine from its
panlonS, or at least set II aside TO be acted
separately suggests the possibility that the court
may find that the vital points in the Philippine
suit are so at variance with those already passed
| on in the Porto Rican TO render necessary
a finding in this that may not SO completely
vindicate the governments Philippine policy the
court has done with reference to Porto Rico. How
| ever Socitor-Genera Richards, who assisted At
| torney-General Griggs in the preparation OF the
governments in all the inSuar test suits de-
clares that he has not the slightest apprehension
as TO what the courts decision will be in the
| Philippine case. Indeed Mr.. Richards goes so far
| as to say that he believes the courts decision IN
this case Will be even more strongly IN IaVoT OF the
J government than was its decision in the Downes
case in which the upheld the act Of Congress
"mch prescrhes dIscrlnlna'i@hs @ 'dIIH uutIes {
| against the products of Porto Rico. In tho view
actiy this prineipe. 1t is suit brought by Emil
Pepke, citizen of North Dakota 10 recover four
| Philippine Islands while he private 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
prescribed by the Dingley law Pepke lost ms sun
General Adrch. of Chicago brought IL TO 10 the @ Sa-
fess TO believe that the Supreme Court will award
spun theory that the terms and Considerations Of
the cessIon OF the Philippine Islands vary ma
@ as rgIied II is considered improbabe that
should be well founded Hence II is confidently
believed in the best Informed circles in Washing
ton that the Pepke or Fourteen Diamond Rings"
case VIII be declared 1y the supreme Court 10 DO
THE SECOND DOoLEY CAsE--Tho second
DooIey case is so called because II involves prin
cipe generally believed not to be similar 10 that
point which the government lost In the hrst
Doolev case IN the suit OF Dooley and others that
was decided adversely 20 the government last May
action brought to recover a sum OF money paid
by Dooley & Co under protest to the Collector OK
Customs at Nevy-York soon after this government
had declared its military occupation OF Porto Rico
and before any laws Of the United States had
been formally extended the island. In the second
paid under protest as customs dues to the military
York Tho IS not regarded as OF especial I'M
trncipe involved already has been decided favora-
bly, TO the government In the Downes case,
WHEN THE COURT WILL ACT.-It is not be
ueyed that decision IN either OF these cases will
be rendered before the first Of next year. The
reason is plain IN the first place the court does
not meet until the second Monday IN OCTOBER
which is the lith day OF the month The Su-
preme Court has never been known TO hand down
an opinion on the first day OF 1t is possible.
of course. that the decision may be rendered the
next Monday. in compliance with the general rule
which makes Monday "opinion day" But persons
best acquainted with the customs and traditions OF
the court say that II the justices had had their
opinions sufficiently advanced at the expiration or
the Last term be able 10 deliver them so soon
after the beginning OF the new term as the time
OF them last May. and thus get rid OF all the cses
then 1t is considered probable that the decislon IN
Congress has had an opportunity enact some adj
event no check TO the development OF the govern
ment's purpose and policy In the PhilpPlnes would
should tho court decide the case adversely
ONLY ONE YEAR BEHIND-It Is interesting TO
note that the Supreme Court is more nearly up with
its docket than II has been for almost half a
century This important statement was made to-
day by one OF the Oldest officials OF the court who
declared that the tribunal is now only about one
year behind In IL. work. He attributes this un-
usual condition largely TO the unhagging industry
and energy OF Chief Justice Fuller. When the
Chief Justice came the IN 1858 the Supreme
Court docket greatly congested and the work
of the court was about years behind This
meant that the litigant who appealed his case TO
the highest tribunal in the land had 20 wait seven
years for a hearing unless his case was of such an
exception character as TO be entered TO the un-
usual privilege OF advancement on tho docket
Under present circumstances no litIgant need wale
longer than a year for final action on his case
Some Of the relief has been afforded by the estan-
lishment OF circuit courts or appear. Whicn WeIe
brought into life under the strong 1rggcy ZEN bif oh Ins
tce had been less pushing ann nt
Mr. Fuller it is highly proba6ie d IA ie nc ahrea or
four years behind
nrobahIa that when the Supreme Court reassemblss
in Octoher ~ will have meet in temporary quar-
ters because at the present time its historic cham
her Is minus both floor and ceiling. Inc chaiiioeF
has been under the process OF repair ioi he0'
month and II seems no nearer coiiipioso NV
than 1t did when the ruthless hahos Oh ora"hy
carpenters masons and plasterers first were placed
unon :. Nav venttlators flooring new cell
inc ard navr decorations being prepared for It,
A fau, ,,aars ago when the ravages OF an fncipene
fire made the work of repair in the cnamner neces-
mityfaae T in the District of Coumbia-one OF the