Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-02

WaSllington, Dec, z,-The United
States supreme court today rendered a
aecis,on In the case known as the
"Fourteen diamond rings" case. It m
voIved the, constItutionanty OF the I'M
position OF customs duties upon mer-
chandige brought into the United states
from the Philippines, after the exchange
OF the peace treaty with SPAIN me
opinion. which was handed Gown w
Chief Justice Fuller is adverse 10 the
claims of the government. on the ground
that the Philippines were, at the ume
the rings were brought in American ter
ritory. and ceasing to be foreign terri
tory, they become domestic territory.
rhe decision In the Delmlna Porto Rill-
an cases is cited at length and it was
held that the resolution adopted by
congress concerning the Philippines was
not sufncient to change the situation
The court also decided the second OF
the Dooley cases, involving the consti-
tuti0nality OF the law Of April II, pro-
yidinE for the collection OF duty on ar
ticles shipped from the United States
into Porto Rico. The decision is rem
dered by Justice Brown.
The government is sustained IN the
second Dooley case. The chief justice
concluded the opinion by reversing the
decision OF the court below. Justice
Brown read an opinion concurring in
the result, but differing from the con-
clusions drawn on minor points. JUS
tices Gray, Shiras, White and McKenna
dissented. This case is one of two inn
portant cases left undecided by the
court at its last term when 1t decided
number OF cases involving the customs
relations OF the United States with it's
insular possessions. The cases decided
at that time bore entirely upon the re-
lations OF this country with Porto Rico
and this was the only case Of q large
number which were then argued and
considered which involved the relations
OF the United States with the Philip
pines The other case involves the right
to Impose duties on articles exported
from the United States to Porto Rico.
Much interest has been manifested in
this Philippine case, because of the pro-
liability Of legislation relating to the
Philippines at the approaching session
OF congress The record shows that
Bepke, who was respondent in the court
below, was q soldier In the army of the
United States In the island Of Luzon
that while there and after the ratifica-
tion ofthe peace treaty he purchased the
fourteen diamond rings which were In
volved in the case. He afterwards
brought the rings to Chicago. where
they were seized by the customs off,
cials, under the claim that the Philip
pines were foreign territory and mer-
chandise brought from the islands was
subject to customs duties, which were
not paid. Bepke set up the claim that
imposition of duties upon the merchan-
disc under the circumstances was con-
trary to the constitution of the United
States and in violation Of his rights as
q citizen. The case came to the su
preme court from the district court of
the northern division of Illinois In
that court the facts set up in Bepke's
plea were admitted by the demurrer
filed by the United States and the court
sustained the demurrer, oyerruling the
plea and entering Judgment against the
merchandise thus seized, directing 1t be
sold In accord with law and from this
decision the present writ Of error was
prosecuted.
The Dooley case grows out OF the i'm
positionu OF tariff duties on goods ship
ped from New York to Porto Rico on
May u, 1900, to Oct. % Of the same year,
under an act Of April 12. 1900. providing
revenues and civil government for Por-
to Rico. the sum involved being 81, ,433.
y, t.,
on goods shipped to that port by Dooley,
Smith 4 Co. to their agent who was in
San Juan. Collection was imposed un-
der that portion of the law in question
which provides that All merchandise
coming into Porto Rico from the Unit
ed States shall be entered at several
ports Of entry upon the payment of Is
per cent duties which are required to be
levied, collected and paid upon like ar
ficles OF merchandise imports from for
eign countries into the United States
under the Dingley tariff law" Dooley
Smith and Co. brought suit in the cir
cult court OF the United States for the
southern district of New York to recover
money paid by them, which they de-
clared had been wrongfully collected at
San Juan. To their petition the United
States demurred on the ground that the
court had no Jurisdiction on the subject
at action and on the further ground that
the complaint did not state facts suff1-
cfent to constitute cause for action.
Judge Lacomb, of the New York court,
sustained the demurrer upon the second
point The case was carried from his
court to the supreme court. The conten-
tion on the part Of Dooley's counsel was
that congress had not power, under the
constitution. to impose taxes or duties
such as were levied under the act of
April 10, upon articles taken into Porto
Rican ports from other parts OF the
United States, Porto Rico being an In
tegral portion Of the nation.
Z In the Dooley case Browns opinion
held that as Porto Rico was not foreign
territory. goods shipped to Porto Rico
were not exports, but whether exports
or Imports the wide range of congress
III the matter Of taxation was sufficient
for contingency Of this character. AT