Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-12-10
No TRANSITION PERIOD
PHILIPPINE ISLANDS
AMERICAN TERRITORY
Supreme Court Delivers Body Blow
To Transition" nongsrs -
Tariff Charges Arc Not
Legal.

Washington, Dec. 2.-The Unit
ed States Supreme Court today rem.
dered a decision In the case Of Emil
J. Pepke against the United States.
This is the case known as the -four.
teen diamond rings" case, and in.
wolves the constitutionality Of the i'm.
position Of customs duties upon mer-
chandlse brought into the United
States from the Philippine Islands az.
ter the exchange Of the peace treaty
with Spain. The opinion was handed
down by Chief Justice Fuller.
Adverse to Government.
The opinion was 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. he said. The
decision In the De Lima Porto Rican
cases was cited at length, and II was
held that the resolutions adopted by
Congress concerning the Philippines
were not sufficient to change the situa.
ton.
The Chief Justice concluded his
opinion by reversing the decision of
the court below. Justice Brown read
an opinion concurring in the result.
but differing from the conclusions
drawn on minor points. Justices Gray,
Shiras, White and McKenna dissent.
ed.
This case Is one Of the two import.
ant cases left undecided by the court
at its last term, when 1t decided a
number of cases involving the customs
and relation Of the United States with
its insular possessions. The cases de.
cided at that time bore entirely up
on the relations OF this country with
Porto Rico, and this was the only case
Of large number which was then ar.
gued and considered which involved
the relations OF the United States
with the Philippines. The other case
Involves the right to impose duty
on articles exported fro pthe United
States to Porto Rico. Much interest
has been manifested in this Philippine
case because OF the probability OF leg
islation relating to the Philippines nj
the forthcoming session OF Congress.
Detail Of the Case.
The record shows that Pepke. who
was the respondent In the court be
low. was soldier In the Army Of the
United States in the island Of Luzon;
that while there and after the rati
| fication OF the peace treaty he pur
chased the fourteen diamond rings
which are involved In the case. He AZ
terward brought these rings while
still In the service OF the United
States aboard the United States yes
sci transporting his regiment to Sar
Francisco, where he was mustered
out. Later he came with the ring,
to Chicago, where the rings were seiz
ed by the customs ofiicials under tn,
claim that the Philippines were for
eign territory and merchandise
brought from those islands were sub
ject to duties. Pepke set up the claim
that customs duties on merchandise
under the circumstances was contrar,
to the United States laws and In VIC
lation of his rights as a citizen.
| The case came to the Suprem,
Court from the District Court OF thu
United States for the northern divis
lon OF Illinois. In that court the facts
set up In Pepke's plea were admitted
by a demurrer fled by the United
States and that court sustained tn
demurrer, overruling the plea and en-
tering judgment against the merchan
disc seized and directing that II b.
sold In accordance with the law, ant
from this decision the present wri
OF error was prosecuted.
Ceased to BE Foreign.
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