The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-12-18
STATUS Of THE PHILIPPINES
United States Supreme Courts De-
c:sion in the Tariff Cases.
PORTO RICO CASE ALSO DECIDED

Became American Territory When the
Treaty of Paris Was Signed and Du.
! ties Cannot Be Levied-The Validity
of the Foraker Act Reaflrmed.
Washington, D. C.-The United
States Supreme Court has rendered de.
cisions in two cases involving the Gus.
toms relStion of the United States with
its insular possessions. The one opin-
ion, dealing with q case from the Phil.
iDpineS, was adverse to the claims of
the Government, and the other, in what
is known as the second Dooley case,
from Porto Rico, sustained the Gov.
ernment.
In the first of these the opinion was
handed down by Chief Justice Fuller.
The case was that OF Emil J. Pepke VS..
The United States. known as the
Fourteen Diamond Rings Case" and
involved the constitutlonality 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, as stated, 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. The decision
in the De Lima Porto Rican cases
were cited at length, and it was held
that the resolution adopted by Con-
gress concerning the Philippines was
not sufficient to change the situation.
Chief Justice Fuller said that the
Philippine Islands ceased to be for
eign territory as soon as the Paris
treaty Of peace was signed, and the
resolution to which he referred as be-
ing ineffective and not binding was
the resolution adopted by the Senate
soon after the ratification Of the treaty.
The Chief Justice concluded his opin-
ion 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 dissented.
This case is one of the two important
cases left undecided by the Court at
its last term. when 1t decided a num-
ber of cases involving the customs re-
lations' Of the United States with its
insular possessions. Those decided at
that time bore entirely upon the rela-
tions of this country with Porto Rico.
and this was the only case of large
number which were then argued and
considered which involved the United
States with the Philippines. Much In
terest has been manifested in the Phil
ippine case, because of the probability
of legislation relating to the Philip
pines at this session Of Congress.
In the Dooley case Justice Brown.
who delivered the 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 q contingency of this character. At
best, he said, the duty was a tenn
DOrary eXpeuleul. anu dS ~ Nao SNpiiS
itly provided in the Foraker act that
the Porto Rican Legislature could
change the character Of the enactment,
it was held that the Foraker act was
merely legislation in the interest OF
Porto Rico.
The Foraker act was sustained on
the grounds laid down in the Downs
case, another one of the insular cases
decided at the last term. The decision
of the lower Court was affirmed. JUS
tice Brown explicitly said that the
opinion was not to be construed as q
justification of export duties.
The contention on the part Of Dool-
ey's counsel was that Congress had
not tie power under the Constitution
to impose taxes or duties such as were
levied under the act Of April II, upon
articles taken into Porto Rican ports
from other parts of the United States.
Porto Rico being an integral portion OF
the Nation.
The Chief Justice and Justices Har'
Ian, Brewer and Peckham united in a
dissenting opinion in the Dooley case.
which was handed down by the CHER
Justice. They held that the duty i'm
rosed was export in character, ana
that the fact that it was levied for the
bonoft of Porto Rico cid not change