The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-12-03
FILIPINO DIAMONDS
SUPREME COURT HOLDS THEN
EXEMPT FROM DUTY.
LAST OF THE lNSULAR CASES.
THE PHILIPPINES ARE AMERICAN
TERRITORY.

This Being the Case Duties Cannot
Be Collected ON Imports From the
IslandS-In the Porto RicRn Case
the Court Holds Tint the Porto
Ricnn Tariff Is a. Temporary EN-
pedient and Within the Liberal
Powers Allowed Congress by the
Constitution as to Posts AMI Ex-
cises.
Washington, Dec. 2.-Opinions were
rendered in the United States Supreme
Court to-day in the last two of the in
sular test cases. one of them was that
known as the Fourteen Diamond
Rings case, involving the relationship
of the United States to the Philippine
Islands from tariff point of view. and
the other what is known as the Dooley
case No. 2, involving the constitution
atty of the collection of duty on
goods shipped from New York to Por-
to Rico.
In the former case the court, through
Chief Justice Fuller, held that the dia-
mond rings brought in from the Phil
ippines and over which the case arose
should have been exempt from duty
under the Paris treaty of peace, as that
treaty made the Philippines American
territory. The decision in the Philip
pine case followed closely that of the
first Porto Rican case of last term.
In the Dooley case decided to-day it
was held that the duty collected on
goods carrde from New York to Porto
Rico was permissible, but that 1t was
in reality a tax for the benefit of the
Porto Ricans themselves rather than
an export duty, as was claimed by the
merchants who antagonized the gov
eminent in the case
In both cases there were dissenting
opinions, concurred in by four of the
nine justices of the court.
1t is generally believed that the find
ing in the Philippine case will lead to
early efforts to secure legislation for
the regulation of our commercial rela-
tions with these islands. AS the Porto
Rican opinion sustains the constitu-
tionality of the Foraker act, no such
| necessity will arise with reference to
Porto Rico.
The Diamond Rings Case.
The fourteen Diamond Rings Case"
| is that of Emil j. Pepke against the
| United States and involves the con-
| stitutionality of the imposition of Gus
| toms duties upon merchandise brought
into the United States from the Phil
! ippine Islands after the exchange of
the peace treaty with Spain. The opin-
ion was handed down by Chief Justice
Fuller. The record shows that Pepke,
who was the respondent in the court
below, was a soldier in the army of
the United States in the island of Luz
zon; that while there, and after the
ratification of the peace treaty he pur-
chased the fourteen diamond rings
which are involved in the case. He
afterward brought these rings,
while still in the service of
the United States, aboard the
United States vessel transporting his
Regiment to San Francisco, where ne
was mustered out. Later he came with
the rings to Chicago, where the rings
were seized by the customs officers IN
der the claim that the Philippine ISL
ands were foreign territory, and that
merchandise brought from those ISL
ands to 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 merchan-
disc, under the circumstances, was con-
trary to the constitution of the United
States, and in violation of his rights as
a citizen
CnleI Justice ruler quoted SOlue-
what extensively from the opinion of
the court in the case of DeLima VS..
Bidwell. His principal quotation from
that case was the paragraph setting
forth the theory that a country re-
mains foreign with respect to the tar
if laws until Congress has acted by
embracing it within the customs. The
opinion then continues as follows:
The Philippines Not Foreign.
mo reason is perceived for any diff
ferent ruling as to the Philippines. BY
the third article OF the treaty Spain
coded to the United States the archl-
pelago known as the Philippine ISL
ands' The Philippines thereby ceased,
in the language of the treaty. to be
Spanish Ceasing to be Spanish they
ceased to be foreign country They
came under the complete and absolute
sovereignty and dominion of the Unit
ed States. and so became territory or
the United States, over which civil
government could be established The
result was the same, although there
was no stipulation that the native I'm
habitants should be incorporated into
the body polite, and none securing TO
them the right to choose their nation
atty. Their allegiance became due to
the United States. and they became
entitled TO its protection.
But IL Is said that the case or the
Philippines Is 10 be distinguished from
that of Porto Rico. because on Feb a.
1899, after the ratification of the treaty |
the Senate resolved that by the ratfi-
cation of the treaty Of peace with Spain
II Is not intended to incorporate the in
habitants Of the Philippine Islands into
citizenship Of the United States, etc,
nor TO permanently annex those ISL
ands."
This resolution the court regards as
absolutely without legal significance |
on the question before us. The NEAR |
ing Of the treaty cannot be controlled |
by subsequent explanations OF some Of |
those who may have voted 20 ratify |
IT,"
IL Is further contended that the dis |
tinction exists in that while complete |
possession OF Porto Rico was taken by |
the United states, this was not so. as
to the Philippines, because OF the armed |
resistance OF the native inhabitants to |
a greater or less extent. "We must de- |
cline 10 assume that the government |
wishes thus to disparage the title. of |
the United States. or TO place itself In |
the position Of waging "A war Of con- |
quest.
"The sovereignty OF Spain over the |
Philippines and possession under CLAN |
Of title had existed for a long series |
Of years prior TO the war with the I
United States. She granted the ISL /
ands 10 the United States, and the |
grantee In accepting them took moth |
ing less than the whole grant II those
IN instruction against Spain continued