The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-11-08
National Supreme Court Is
Soon to Act.
COMING LEGISLATION
President Studying the Philippine
Tariff Question.
DIAMOND DECISION TO PAVE WAY
ternal Commerce for Three
fOurths of the Year.

Fro,a The journal Bureaus. Room <5, POe
Building Warrington
Washington, Nov. Sat an early date
the United States supreme court will de-
eide whether the Philippine islands are
part of the United States in the sense
that the government may not collect a
tariff on goods brought from the islands
to the Unloed States. This is the ques-
tion involved in the Fourteen Diamond
Rings" case. 1t will determine the valid
ity of the proclamation made by the pres
ident imposing a tariff on the commerce
between Manila and the United States
after the signing of the treaty of Paris
and before any legislation has been
passed by congress.
The fourteen diamond rings in con-
troversy were bI Nght to this country by
Emil Pepke, an e. listed man in the First
North Dakota volunteers. He served in
Luzon and while there carried on lit
tie speculation in diamonds. He bought
several and others he secured from COM
rades who paWned them with him. Re-
turning with his regiment, July 81, 1899.
he was mustered out at the Preside of
San Francisco, and sent from there to
his home in Wahpeton, N. D. He had the
diamonds with him all this time, and
at San Francisco he omitted to declare
them or to pay any duty. He went from
Wahpeton to Chicago, where, upon his
arrival, one Tom H. Keefe, a customs
officer, seized Mr.. Pepke and his diamonds
on the ground that the latter were SNUG
gled. District Attorney Bethea brought
suit in the district court of northern IL
linois and the case was tried before Judge
Christian c. Kohlsaat. The defendant
claimed that the Philippines were a part
of the United States and that under the
constitution the government had no right
to levy duty on goods brought from one
part Of the United States to another part
of the same. The court held that for the
purpose of a tariff the Philippine archi-
pelago was foreign territory, and de-
clared the property forfeited in accord
ance with the law governing smuggled
goods. From this decision appeal was
taken to the supreme court
In the De Lima case decided last
spring, the supreme court held that con-
gress had authority to legslate for our
territorial possessions, but it declared
that the duties levied on merchandise
brought to the United States from Porto
Rico, between the date when the Paris
treaty was signed and the Foraker act
passed, were Illegal. and they have since
been refunded. Until the Spooner amend
ment was passed there was no congress
sional legislation touching the Philip
pines, and the tariff was imposed by an
autocratic decree of the president. 1t re-
mains to be seen whether the supreme
court will find difference between the
Philippines and Porto Rico, permitting a |
tariff In the former while finding it lille
gal in the latter. The main difference in
the actual conditions lies in the fact that
Porto Rico accepted our authority peace
fully, while the Filipinos have been in
open resistance which has amounted to
a state of war.
The Spooner amendment, passed Just at
the close of the last session, gives the
president power to exercise through ap-
pointees judicial, civil and military func-
tions in the Philippines. This act has
not yet come before the courts for ad-
Judication as to its constitutionality.
Many students Of the constitution believe
that congress has no right to make a
wholesale delegation of its powers to the
executive branch Of the government, and
that this act will be declared void One
of the principal tasks of congress this
winter will be to legislate farther for
the Philippines. The decision of the
court in the fourteen diamond rings case
may make legislation quite imperative
After the decision in the De Lima case
President Mckinley and Secretary Root
revised their policy in regard to estab-
hsh1ng civil government in the Philip
pines In the light of what the court said
1t was considered highly probable that
it would hold that the civil governor of
the Philippine archipelago had no au-
thorlty to establish tariffs. Therefore.
the president, acting on Secretary Roots
advice, continued the military govern
ment there, making the civil regime trib-
utary to the military. The tariff is levied
by virtue of the military authority and
not by virtue of the delegation of au-
thority in the Spooner amendment.
President Roosevelt has investigated
this matter and will discuss it in his
message. The expected decision in the
fourteen diamond rings case will pave the
way for congressional action, for it will
decide In the first place. whether the su-
preme court is going to hold that for
tariff purpose the Philippines are foreign
territory, and in the second place whether
the president can continue the military |
regime Indefinitely and govern the ter
rltory by power contained in general |
delegation such as contained in the |
SpOoner amendment. |
INTERNAL The internal commerce
of the United States dur |
COMMERCE ing the first three quar-
ters of the commercial |
year is In many respects the most re-
markable in the history of the country's !
internal trade, while in some features |
there is a decline from the high tide of |
activity for the corresponding period of |
year or two ago. The Monthly Summary
of the Treasury Bureau of Statistics re-
ports that the trunk line movement of
flour from Chicago points during four
weeks of September reached an average of
80 S42 barrels. For the first time in the |
year one weeks grain movement fell be-
low a million bushels. The provision |
trade shows the highest weekly average |
of the year, being 81, 1876 tons per week. !
At the five chief live stock markets In !
the west the receipts for nine months end |
ing Sept 80 were 5,236, 1856 cattle, 13413.-
669 hogs, and 5,3S1, ,155 sheep, aggregating !
%, ,9S1, ,180 head of these three kinds. com
pared with 22,239,971 head for the like !;
period of 1900.