The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-03
PHILIPPINES ARE PART
OF THE UNITED STATES
Tariff Duties Cannot Be Collected on Merchandise
Coming From the Islands.

HTAShINGTON. Dec. 2.-Opinions
wv were rendered in the United States
supreme court today in the last
two of the insular test cases. One Of
them was that known as the fourteen
diamond rings case, involving the re-
lationship of the United States to the
Philippine islands from a tariff point of
view. and the other what is Known as
the D0oley. case No. 2. involving the con-
stitutionality of collection of duty on
goods shipped from New York to Porto
Rico. ..-.
In the former case the court, through
Chief Justice Fuller, held that the dia-
mond rings brought in from the Philip
pines and over which the case arose,
should have been exempt from duty IN
der the Paris treaty OF peace. as that
treaty made the Philippines American
territory. The decision in the Philippine
case closely followed that of the Porto
Bican case of the last term
In the Dooiey case decided today II
was held that the duty collected on goods
carried from New York to Porto Rico
was permissible. but that il was in real
ity a tax for the benefit of the Porto
Ricans themselves rather than an export
duty, ss was claimed by the merchants
who autagonized the government
In both cases there were dissenting
opinions concurred in by four Of the
nine Justices Of the court. The decisions
were rendered in the room Of the sem
ate committee on judiciary. where the
court is sitting temporarily, and owing
to the limited space there we're compare
lively few persons, and those lawyers,
present. The delivery Of the opinions in
chief with the reading of the dissenting
opinions, consumed little more than an
hour, and It was listened 20 with the
closest attention
viii Result in Legislation.
It 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 relations
with those islands. AS the Porto Rican
opinion sustains the consttutionality OF
the Foraker act, no such necessity Will
arise with reference to Porto Rico.
In the Philippine case, after stating
the case at some length, Chief Justice
Fuller quoted somewhat extensively
from the opinion Of this court in the
case Of De Lima vs.. BidWeil. His prin-
ciDal quotation from the case was the
parag graph setting forth the theory that
a country remains foreign with respect
to the tariff laws until congress has acted
by embracing It within the customs
The opinion then continued as follows:
ent ruling as to the Philippines. BY the
third article of the treaty, Spain ceded
to the United States the archipelago
known as the Philippine Islands, and the
United States agreed to pay to Spain the
sum of S20000.000 within three months.
The treaty was ratified congress appro-
priated the money: the ratification was
proclaimed. The reaty-making power,
the executive power, the legislative pow
err concurred in the completion OF the
fr1ncqpri00
''The Philippines thereby ceased in the
language of the treaty to be Spanish.
Ceasing to be Spanish, they cease to be
foreign country. They came under the
complete md absolute sovereignty and
dominion Of the United States, and so be-
came territory OF the United states over
which civil government could be estab-
Hshed The result was the same, al
though there was no stipulation that the
native inhabitants should be incorporates
into the body polite and securing to
them the right to choose their national
/ ity Their allegiance became due to the
United States and they became entitled
to its protection
Differs From Porto Rico Case.
But it is said the case Of. the Philip
| pines Is to be distinguished from that of
Porto Rico, because on Feb. II, 1899, after
/ the ratification of that treaty. the SEN
| ate resolved that by the ratification OF
the treaty Of peace with Spain, II IS not
/ intended 70 incorporate me illd Dlldntc
I of the Philippine Islands into cltizenSnl
OF the United States nor TO permanently
/ annex those Islands.
I'VE need not consider the force and
/ effect of a resolution Of this sort, il
] adouted BY congress not like that of
/ AnriI %. 1898. in respect to Cuba, pre-
/ liminary to the declaration of war, but
I after title had been passed by ratified
/ cession Il is enough that there was a
/ Joint resolution; that 1t was adopted by
] 81. hss rnfa Of Ia NJ fu7n
! thirds of a quorum, and that it is abb
/ solutely without legal significance on the
/ question before us.
''The meaning of the treaty cannot be
! controlled by Subsequent explanations Of
( some Of those who may have voted 10
ratifv it, What view the house might
1 have taken as 20 the intention of the
| senate jim ratifying the treaty, we are
not informed nor is it material. and II