The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-02
ISLANDS
AMERICAN
TERRITORY
U. S. Supreme Courts Decision
as 10 Status Of Philippines
Handed Down Today.

Washington. Dec. e-The United States
Supreme court today rendered a decision
in the case OF Emil j. Pepke vs.. The
United States. This is the case known az
the Fourteen Diamond Rings case" and
involves The constitutionality of the Inn
position OF customs duties upon merchan-
disc brought into the United States from
the Philippines after the exchange OF the
peace treaty with Spain.
The opinion was handed down by Chief
Justice Fuller.
The opinion was adverse to the claims
of the government on the ground that the
Philippine Islands We're, at the time the
rings were brought in, American terri
tory. Ceasing 20 be foreign territory they
became domestic territory, he said.
The decision in the De Lima Porto Ri
can case WAS cited at length and IL was
held that the resolution adopted by con-
eress concerning the Philippines were not
sufficient To change the situation
The chief justice concluded his opinion
by reversing the decision OF the court
below. Justice Brown read an opinion
concurring I'm the result, but differing
from the conclusions drawn on minor
points. Justices Gray, Shras, White and
Mckenna dissented.
This case is one OF the two important
cases left undecided by the court at It's
last term when it decided a number of
cases involving the customs relation OF
the United States with Its insular posses
sions.
The cases decided at that time bore
entirely upon the relations OF this country
with Porto Rico and this was the only
case Of large number which were then
argued and considered which involved
the relations OF the United States with
the Philippines. The other case involves
the right to impose duties on articles
exported from the United States TO Porto
| Rico. Much interest has been manifested
| I'm this Philippine case because of the
| probability of legislation relating 10 the
| Philippines at the approaching session Of
| congress.
| The record shows that Pepke, whb was
| the respondent I'm the court below, was "A
| soldier I'm the army Of the United states
| I'm the Island of LuZon; that while there
| and after the ratification OF the peace
1 treaty he purchased the IA diamond rings
I which are involved IN the case. While
| still I'm the service he brought the rings
1 to the United states and while he was in
| Chicago the rings were seized by the
| customs officers under the claim that the
| Philippine Islands were foreign territory
| and that the merchandise brought from
those islands 10 the United States was
subject TO customs duties. which were not
paid by Pepke. Pepke set up the claim
that the imposition OF duties upon mer-
chandise under the circumstances was
contrary TO the constitution Of the United
States and violation OF his rights as q
| citizen.
The case came 10 the supreme court
from the district court OF the United
States for the mort ern division of I'LL
nos. In that court the facts set up In
Pepke's plea were admitted by demurrer
filed by the United states and that court
sustained the demurrer overrulng the
| plea and entering judgment against the
merchandise thus seized. and directing
| that IL be sold i'm accordance with the
law, and from this decision the present
| writ or error was prosecuted.
The United States supreme court today
decided the second OF the Dooley cases I'm
| volving the constitutionality OF the Law
| of April " providing for the collec 'H0 oi
| duty on articles shipped from th' I'd
States into Porto Rico. The deCis a'
| rendered by Justice Brown and sustain'
| the government.