The times., 1901-06-01
THE INTERESTS OF SPAIN
How They Are Affected by the In
sular Decisions.

The Ten-Year Privilege Granted in
the Treaty of Cession Spanish
Merchants on the Same Footing as
Americans - Recovery of Duties.
| NEW YORK, May S1.-The Commercial
Advertiser" prints the following from
/ its Washington correspondent:
THE Spanish interest in the applica
/ tion of the recent Supreme Court decisions
| to Philippine tariff matters has apparent
! ly been overlooked. 1t is much greater
| than that of the United States. Article
! ~ of the Treaty of Peace reads:
:" The United States will for ten years
! from the date OF exchange of ratifications
of the present treaty admit Spanish ships
| and merchandise to the ports of the Phil
| ippine Islands on the same terms ships
and merchandise of the United States
THE ratihcations of the Spanish Treaty
| were exchanged April II. 1899. If it is
held that the Dingley tariff applies until
Congress provides a substitute or the
President, acting as agent. proclaims
some other. Spain is entitled to recover
duties paid, the same as the United
States. The Spanish trade in the Philip
pines is about double that of the United
States, even now; hence the Spanish mer-
chants have a far greater interest in the
future disposition of this matter than the
merchants of the United States.
If the Dingley tariff provided there
was free trade legally between the Phil
ippines and the United States, Spain. be-
ing entitled by treaty to equal considera-
tion, should also, in that case, have been
aloTed free trade with her former COL
ony. The only possibility of the Supreme
Court holding that military law existed
fat
complete. is based upon the insurrection
and not upon. the Paris Treaty. This ap-
pears a remote contingency, however
The general belief is that the whole mat
ter rests upon the courts interpretations
of the Spooner act, and this is quite uni
versally accepted as being sufficient au-
thority TO act for Congress in all mat
ters of territorial government On this
theory the Dingley law has been in force
in the Philippines as against all coun-
tries except the United States from April
II, 1893. and will remain in force until
President Mckinley issues a tariff proc
iamation changing the status If all
duties paid on goods passing between the
Emitted States and the Philippines are
Illegal, the same must be said of all
duties paid on goods coming from Spain
into the Philippines, and the United States
regardless of technicalities- In this case,
the duties paid on Spanish goods VIII
have to be refunded whether paid under
protest or not. although in the United
States protest is generally necessary
to enable the payer TO establish claim
for refunding after the courts have
passed in the premises.
If the Supreme Court holds with the
Philippines as IT did with Porto Rico
Congress viii be able to impose a tariff
as II may, but vessels plying between the
United States and the Philippines will
come under a coastwise classification. The
Paris Treaty provides that Spanish ships
as well as merchandise shall come to
Philippine ports on the same basis as
United States. ships This will apparently
put the Spanish shipping in the coastwise
class also In dealing with the Philippine
question Congress viii need to take into
consideration this ten-year privilege
granted TO Spain 1t is rather q novel
idea-one which has never before made
an appearance in formulating a govern
ment for American territory.