Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-12-02
SUPREME COURT DECISIONS
Philippines Not Foreign Land, Porto
Rico Not in United States.
L E G 1 S l. TION NEEDED

stitutionality Of the imposition Of customs
| duties upon merchandise brought into the
United States from the Philippine Islands
after the exchange OF the peace treaty with
| Spain. The second, Dooley case involved
the validity Of the collection of duties under
| the Foraker act on goods taken into Porto
Rico from the United statees.
The opinion Of the court in the Pepke
| case was handed down by Chief Justice
Fuller az was adverse to the claims Of the
government on the ground that the Philip
pine Islands were at the time the rings
were brought in American territory The
chief Justice concluded his opinion by re.
versing 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.
Justices Gray. Shiras. White and Mo.
kenna dissented.
The opinion in the Dooley case was
handed down by Justice Brown and the
contention OF the government of the United
states was sustained. Justice White con-
CURED in the result but delivered an inde-
pendent decision. Chief Justice Fuller and
Justices Harlan, Beckham and Brewer dis.
sented.
Chief Justice FuIler's Opinion.
Chief Justice Fuller delivered the opinion
Of the court in the diamond rings case aa
follows:
Emil J. Petke, citizen of the United
States and OF the state OF North Dakota, en-
listed in the 1st Regiment Of the North Da-
kota Unked- States Volunteer Infantry and
was assigned for duty with his regiment on
the Luzon, In the Philippine Islands and
continued in the military service of the
United States until his regiment was or
dered to return, and on arriving at San
Francisco was discharged September %.
1899
He brought with him from Luzon fourteen
diamond rings, which he had there pur-
quent to the ratification of the treaty OF
peace between the United States and Spain,
February 6, 1890. and the proclamation
thereof by the President of the United
TN May, 1900, in Chicago these rings
were seized by a customs officer having
been imported contrary TO law without
entry or declaration or payment of duties,
and an information was filed to enforce
the forfeiture thereof To this Petke filed
a plea setting up the fact and claiming
that the rings were not subject to customs
duties. The plea was held insufficient, for
feiture and sale were decreed, and this
writ of error was prosecuted.
The tariff act of July "a, 1897, in regula-
tion of commerce with foreign nations
levied duties upon all articles imported
from foreign countries Were these rings
acquired by this soldier after the ratifica-
tion of the treaty was proclaimed. when
brought by him from Luzon to California
on his return with his regiment to be dis
charged, imported from a foreign country?
This question has already been answered
in the negative in respect of Porto Rico
in De Lima VS.. Bidwen and unless the
cases can be distinguished, which we are
of opinion they cannot be In this particular.
that decision is controlling.
The philippines and Porto Rico became
by virtue Of the treaty ceded. conquered
indemnity
THE territory ceased to be situated as
Castine was when occupied by the British
forces in the war of 1872. or as Tampico
was when occupied by troops of the United
States during the Mexican war. Gases OF
temporary possession of territory by a full
and regular governments at war with the
country of which the territory so possessed
was part. The Philippines were not simply
occupied but acquired, and having been
granted and delivered to the United States
by their former master, were no longer un-
der the sovereignty of any foreign nation.
In Cross agt Harrison the question was
whether goods imported from a foreign
country into California after the cession
was subject to our tariff laws and this
court held that they were. In De Lime
goods imported into New York from Porto
Rico after the cession were subject to due
ties imposed by the act of 1897, and ar.
ticles imported from foreign countries and
this court held that they were not.
THAT act regulated commerce with fore
eign countries, and Porto Rico had ceased
to be within that category; nor could terrir
tory be foreign and domestic at the same
time.
Foreign Until Congress Acts.
Among other things it was there saids
The theory that country remains foreign
with respect to the tariff laws until Con.
gress has acted by embracing it within the
customs union presupposes that a country
may be domestic for one purpose and for.
eign for another
ut may undoubtedly become necessary for
the adequate administration of a domestic
territory to pass special act providing the
proper machinery and officers, as the Presfs
dent would have no authority except under
the war power to administer it himself:
but no act is necessary to make a domestic
territory, II once it has been ceded to the
United States.
This theory also presupposes that terrie
tory may be held indefinitely by the United
states; that 1t may be treated in every par
tfcular, except for tariff purposes as do.
mestic territory; that laws may be enacted
and enforced by officers Of the United
States sent there for that purpose: that i'm
surrections may be suppressed, wars car.
ried on, revenues collected taxes imposedq
In short, that everything may be done
which a government can do within its own
and yet that the territory NAV
still remain foreign country.
That this state Of things may continue
for years. for century even, but that
until Congress enacts otherwise Il still re.
mains foreign country. To hold that thia
can be done as matter of law we deem Is
be pure judicial legislation. We find no
warrant ior IL IN the Constitution or IN
the powers conferred upon this court. It
IS true that the non-action of Congress
may occasion temporary inconvenience.
out 1t does not follow that court of JUS
tice are authorized to remedy it by in-
Verting the ordinary meaning Of words
NO reason Is perceived for any different
-uiing as to the Philippines. BY the third
article Of the treaty Spain ceded TO the
United States the archipelago known a.
he Philippine Islands, and the United
5tafes agreed to pay to Spain the sum Of
~, 100000 within three months The treaty
vas ratihed Congress Appropriated the
money; the ratification was proclaimed
rhe treaty-making power, the executive
power. the legislative power, concurred In
he completion OF the transaction.
Ceased TO BE Spanish.
saThe Philippines thereby ceased. in the
anguase Of the treaty. to be Spanish
ceasing to be Spanish. they ceased to b