The sun., 1901-12-03
INSULAR JUDGMENTS.
Supreme Court Decides Dooley and
Diamond Ring Cases.
UNCLE SAM WINS AND LOSES
The Governments Contention Sus-
tanned In the Porto Rican
Case, but Not In the Phil
ippine Islands One.

washington, Lee. -'--lhe on'teo
States supreme court has decided the
second Of the Dooley cases, involving
the constitutionality of the law OF April
II providing for the collection or duty
on articles shipped from the Unite.
States into Porto Rico. The decision
was rendered by Justice Brown. The
government is sustained.
Justice Browns opinion held that as
Porto Rico is not foreign territory the
goods shipped to Porto Rico are not |
exports, but whether exports or I'M
ports the wide range of congress in the |
matter of taxation was sufficient for a |
contingency of this character. The
| Foraker act was sustained on the
grounds laid down in the Downs case,
another of the insular cases decided at
the last term.
Justice Brown explicitly said that
the opinion was not TO be construed as
Il justification of export duties. JUS
tice White concurred in the result, but
delivered an independent decision
The chief Justice and Justices llar-
Ian. Brewer and Peckham united in
dissenting opinion.
The supreme court has also rendered
a decision in the case of Emil J. Pepke
versus the United States. This is the
ease known as the fourteen diamond
rings case" and involves the constitu-
tionnlity Of the imposition of customs
duties upon merchandise brought into
the United States from the Philippines,
after the exchange of the peace treaty
with Spain
The opinion, which was handed down
by Chief Justice Fuller. is adverse to
the claims of the government on the
ground that the Philippine Islands
were at the time the rings were
brought in American territory. Ceas-
! ing TO be foreign territory, they be-
came domestic territory. Justice Fuller
!, said The decisions in the DE Lima
+ Porto Rican cases We're cited at length,
G and il was held that the resolutions
. adopted by congress concerning the
! Philippines were not sufficient tc
change the situation.
The chief Justice concluded his opin
q ion by reversing the decision of the
r court below. Justice Brown read al
r opinion concuring in the result, but
4 differing from the conclusions draw
: on minor points. Justices Gray, Shiras
e White and Mcl<cnna diSSentcd.
II Much Interest In This Case.
y Much interest has been manifested
Z in this Philippine case because Of thu
e probability of legislation relating t.
e the Philippines at this session of con
J. greSs.
The record shows that Pepke, whit
was the respondent in the court below
was soldier in the army OF the Unit
~ cd States in the island of Luzon: tina
while there and after the ratification
7 Of the peace treaty he purchased tn
" fourteen diamond rings which are II
volvcd III the case. He afterwar
" brought these rings while still in tn
W service of the United States aboard tn
n United States vessel transporting hi
- regiment to San Francisco. where b
:" WAS mustered out.
~ Later he came with the iewelry
~ Chicago. where the rings were seize
u by the customs officers under Il
fliillll ludl VIE lAlllDlllllt WI
;" foreign territory and that merchandi'
- brought from those islands to the Uni
~ "a States was subject to customs d
~ ties. which We're not paid by Pepk
= Prpke set up the claim that the imp
" sition of duties upon merchandise u
~. der the circumstances was contrary
- HE constitution Of the United Stat
- aud in violation of his rights as ci
" zen.
m The ease came to the supreme cou
from the district court of the Unit
'''. States for the northern division
IT. Illinois. In that court the facts s
is up in Pep,re's plea We're admitted
= demurrer filed by the United Stat
and that court sustained the demurr
ovelrHling the plea and entering jut
mcnt against the merchandise th
~. seized and directing that it be sold
y. accordance with the law. From Il
md decision tDe present writ Of error "
NJ prosecuted.