Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-12-03
Opinion is Squarely Against ths
Government.
PHILIPPINE IMPORTS COME IN FREE
Court Holds That the Resolution by
Congress is Not Sufficient to Change
the situation-other Cases of Inter-
est Are Decided.


States supreme court today rendered
a decision in the case known as the
Fourteen Diamond Rings" case. 1t
involved the constitutionality of Gus
toms duties upon merchandise brought
into the United States from the Phil
ippine Island after the exchange of
the peace treaty with Spain. The
opinion, which was handed down by
Chief Justice Fuller. is adverse to the
claims of the government, on the
grounds that the Philippines We're at
the time the rings were brought in,
American territory, and ceasing to be
foreign territory they became domes-
tic territory
The decision in the Delima. Porto
Rican, cases was cited at length,
where it was held the resolution
adopted by congress concerning the
Philippines was not sufficient to
change the situation.
The court also decided the second
of the Dooley cases, involving the con
Fstitutionality of the law of April 10,
providing Tor the collection of duty on
articles shipped from the United
States into Porto Rico. The decision
was rendered by Justice Brown.
Sustsins Government
The government is sustained in the
second Dooley case. The chief Justice
concluded his opinion by reversing
the decision of the court below. JUS
tice Brown read an opinion concurring
in the results, but differing from the
conclusions drawn on minor points.
Justices Gray. Shiras, White and Nc
kenna dissented
History of Case.
This case is one of the two import
ant cases left undecided by tho court
at its last term, when it decided IL
number of cases involving he customs
relation of the United Stiles with it's
insular possessions. The cases decid-
ed at that time were more entirely
upon the relations OF this country With
Porto Rico and this was the only casi
of large number which was then ar
gued and considered. which involved
the relations of the United States with
the Philippines. The case involves
the right to impose duties on articles
exported from the United States to
Porto Rico. Much interest has beeu
manifested in this Philippine cause be-
cause OF the probability OF legislation
relating to the Philippines at the ap-
preaching session of congress.
The PePke Case.
The record shows that Pepke, VINO.
was the respondent in the court be-
low, was soldier in the army of the
United States in the island OF Iuzoa;
that while there and after the ratifca-
tion OF the peace treaty he purchased
fourteen diamond rings. which were
involved in the case. He afteIwar6
brought the rings to Chicago where
they We're seized by customs officers
under the claim that the Philippines
is foreign territory and that merchan-
dize brought from the islands is sub
ject to customs duties. which were not
paid, Peplle set up the claim that the
imposition of duties upon merchandise
under the circumstances was contrary
TO the constitution of the United
States and in violation of his right as
citizen. The case came to the SUI
preme court from the district court of
the northern division of Illinois. In
that court the facts set up in Pepkes
plea We're admitted by demurrer fill
ed by the United States and the court
sustained the demurrer, overruling the
plea, entering Judgment against the
merchandise thus seized and direct
ing that it be sold in accord with law,
and from this decision the present
writ or error was prosecuted.
Rule Works Both Ways.
In the Dooley case Browns opinion
held that as Porto Rico is not foreign
territory goods shipped to Porto Rico
are not exports, but whether exports
or imports the wide range of congress
in the matter of taxation is sufficient
for contingency of this character.
At best, he said the duty was a tenn
.porary expedient, and as it was ex-
plicitly provided in the Foraker act
that Porto Rican legislature could
change the character of the enactment
it was held the Foraker act was mere.
ly legislation in the interest of Porto
Rico. The Foraker act was sustain
hn le. lat