The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-11

cE zn<n = TeEe1T here. since ~ thE<
se<skua -alf psuperty taken o. d.
tz1nea - any Greer o. ether per-
soz un5er anEh1Fisy Il Ans Ferenue
lzE & tka Uniksa States shall ~ r.
rerieriabfs. and shall be deemed % Be
Il the czstcdy q the lar and suh-
set oalv 70 me orders and DEGREES o.
the conTss of the United States hav-
words under authority Of any rev.
eaue Iaw- are q Ne constructed as tE
1Aey rez6 under coIor q zuy rev
s1ue Law. Il would seem that these
sugars eoald not BE made the sab
tect Of 3 repseyin: but even coneed-
ing that rspierfn would sie. we con
stder II mereiy choice Of remedies
and that the plaintiffs we're at nber-
IL 20 waive the tort and proceed in
assumpstt
We ara all Of opinion that this at
ton Was properly brought
2 Whether these ezrz0es Of sugar
were subject 10 duty depends solely
upon the question whether Porto Rico
vas a foreign country At the time
the sugars we're shipped since the
tariff act OF July "a. 1887. ESQ Stat.
1911 commonly known as the Ding
ley act. declares that there shall be
levied. collected and paid upon all
articles imported from foreign coun-
tries certain duties therein specified.
A foreign country was defined BY Mr..
Chief Justice Marshall and Mr.. JUS
tice Story 70 be exclusively one with
il the sovereignty OF foreign ma
ton. and without the sovereignty Of
the United States. THE Boat Eliza.
. Gall 4: Taber Y United States. l
Story. L; The Ship Adventure, ]
Brock. 235. 241.l
The status Of Porto Rico was this:
The island had been for some months
under military occupation by the
United States as a conquered country.
when. by the second article OF the
treaty OF peace between the United
States and Spain, signed December
10, 1898. and ratified April II, 1899.
Spain coded to the United States the.
island OF Porto Rico. which has ever
since remained in our possession. and
has been governed and administered
by us. II the case depended solely
upon these facts. and the question
were broadly presented whether a
country which had been ceded to us.
the cession accepted. possession de-
livered, ard the island occupied and
administered without interference by
Spain or any other power, was
foreign country or domestic territory.
il would seem that there could be as
little hesitation in answering this
question as there would be in deter
mining the ownership of a house
decided in fee simple to a purchaser.
who had accepted the deed. gone into
possession, paid taxes and made i'm
DTovements without let or hindrance
from his vendor. But IL is earnestly
insisted by the Government that it
never could have been the intention
of Congress TO admit Porto Rico into
a customs union with the United
States: and that, while the island
may be to a certain domestic terri
tory, it still remains a foreign coun-
try under the tariff laws, until Con-
gress has embraced it within the gem
eral revenue system.
We shall consider this subject more
at length hereafter, but for the pres
ent call attention to certain cases in
this court and certain regulations of
the executive departments which are
supposed to favor this contention.
In United States V. Rice, GA Wheat.
246.) which was an action of debt
brought by the United States upon a
bond for duties upon goods imported
into Castine. In the district (now
STATED of Maine. during its tempo
rary occupation by the British troops
In the war of 1912, it was held the
action would not lie. though Castine
was subsequently evacuated by the
enemy and restored to the United
States. The court said that. by the
military occupation of Castine. the
enemy acquired a possession which
enabled him to exercise the fullest
rights of sovereignty; that the SOW
ereignty of the United States was
and our laws could be no
longer rightfully enforced there. or
be obligatory upon the inhabitants;
that by the surrender the inhabitants
passed under temporary allegiance
70 the British government. and were
only bound by the laws of that gov
eminent. and that Castine was during
this period to be deemed a foreign
port; that goods brought there were
subject to duties which the British
government chose to impose. and
were in no correct sense imported in
10 the United States; and that the
subsequent evacuation by the enemy
uid not change the character of the
transaction, since the goods were not
lable to American duties when i'm
ported In that case the character
d the port. as foreign or domestic
vas held TO depend upon the question
p actual occupation. and the right
n defendant deterfninabIe nv the
acts then existing. and further that
me subsequent reoccupation OF the
port by the United States was inef. |
.eetual to change the right OF the de-
.endant or to vest a new right in the |
United States.
A case, somewhat to the converse
. this. was that of Fleming '. Page
" How 60S.} which was an action
against the collector at PHILADELPHIA |
o recover back duties upon merehan-
Use imported from Tampico. IN Mex-
co, during temporary military oc-
sapsuon OF that place By the United |
Il