The National tribune., 1901-12-05
TWO MORE 1S>u1.aH DECISIONS.

Last Monday the Supreme Court hand
ed down the more important decisions in
regard to our insular possessions. The
first of these was in the much-talked-of
diamond rings case,' officially known as
Emil j. Pepke VS.. the United States.
Pepke was a citizen of North Dakota,
who enlisted in the LIST n. D., and served
his time, mainly in the Philippines. While
there he became possessed of II diamond
rings, which he brought home with him.
when his regiment came back TO be mus
tered out. In Chicago Customs officer
seized these, on the ground that they had
been brought into the United States from
a foreign country, without entry, declara-
ton. or payment of duties. Pepke brought
suit TO recover his rings, alleging that be
had acquired the rings in LuZon after
the ratification of the treaty of peace.
by which the country passed into the pos
session of the United States. This plea
was held to be insufficient, and the for
feiture Of the rings ordered. The case
was appealed. Chief Justice Fuller and
four Associate Justices concurred in an
opinion that the court below was in er-
ror in holding that the Philippines were
foreign territory, and reversed its deci-
sion, thus giving Pepke his rings. JUS
tees Gray, Shiras, White and McKenna
dissented. The decision, read by Chief
Justice Fuller, held that to be subject
to customs duties the rings had to be
brought in from foreign country; that
the Philippines had ceased to be Spanish
by the operation of the treaty Of cession,
and thereby became part of the United
States. Yet it became merely "appurte-
nant territory" and not part of the terri
tory of the Nation within the meaning
of the revenue clauses of the Constitution.
In other words, II ceased to be foreign
territory, and therefore the duties against
foreign goods were imperative, but that
Congress still retained the power to make
other regulations in regard to TIE entry
of goods from that source, and was not
bound to make them uniform with an
other rates. 1t can make such rates for
the Philippines as in its wisdom it sees
fit, unfettered by any restrictions of the
Constitution. Not having made these, the
rings should come in free.
The second case-the "DOoley"-ofIi-
eially known as Henry w. Dooley ct al
We. the United States-was a suit brought
by New Yo.s merchants to recover du-
ties paid ON goods sent to Porto Rico. In
this case the decision Of the court below
was sustained that the duties had been
properly collected. Porto Rico belonged
to the United States, but was not part of
the United States. The Constitutional
provision that imposts and duties must
L. l..
does not extend beyond the States
themselves, and Congress has full power
TO make such regulations as it sees fit.
The Foraker Act was sustained.
The Chief Justice and Associate JUS
tees Brewer. Harland and Peckham dis
scented on the ground that the duties were
an export tax on goods shipped from one
port of the United States to another.
While the Government was apparently
defeated in ''The IA diamond rings case"
the decisions as a whole are substantial
victory for ii.
The court held that the cessiOn simply
made Porto Rico and the Philippines do
mestic territory Of the United States, sub
ject to the full control Of Congress, which
control could be exercised without ref
erence TO Constitutional limitations These
limitations, the Court held, were intend
ed to apply 10 the States of the Union,
and do not apply to acquired territory
unless by treaty and by subsequent act
of Congress it is incorporated within and
becomes an integral part OF the United
States.
The decisions sustain to the fullest ex-
tent the so-calied insulsr policy of the
Administration. The Government now
has the sanction of the Supreme Court
for governing these islands as their needs
require. The Court holds that the Con-
stitution did not of its own force at once
apply TO those ceded territories, placing
their people, their products and their
ports on an immediate equality with ours
and comforting upon them all the rights.
privileges and immunities enjoyed by the
people, products and ports of the several
States. While their fundamental rights
are preserved by those underlying prin-
,ciples of the Constitution which apply
everywhere, the status of their citizens
and the nature of their customs and COM
mercial regulations are to be determined
by Congress in the exercise of the power
vested by the Constitution in Congress
TO make all needful rules and regulations
respecting territory belonging TO the
United States.