River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1901-12-05
AGAINST THE GOVERNMENT
Supreme Court Decision in the Case
Known as "Fourteen Diamond
Rings Case"
OPINION RENDERED BY CHIEF JUSTICE.
Right to Collect Duty on Goods from
Philippines After Exchange of
Peace Treaties Denied-In second
DOOIey Case Government Sus-
tanned in Collecting Duties.


Washington, Dec 3.-4The United
States supreme court Monday rem
dered a decision in the case of Emil
j. Pepke VS.. the United States. This is
the case known as the fourteen dia-
mond rings" case, and involves the con-
stitutionality of the imposition of
customs duties upon merchandise
brought into the United States from
the Philippine islands after the ex-
change of the peace treaty with Spain.
The opinion was handed down by Chief
Justice Fuller.
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 Nc
Kenna dissented.
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 Delima Porto Rican
cases was cited at length and it was
held that the resolutions adopted by
congress concerning the Philippines
were not sufficient to change the situa-
ton.
In his opinion in the Philippine
case Chief Justice Fuller said that
the Philippine islands ceased to be
foreign territory as soon as the Paris
treaty of peace was signed and the
resolution to which he referred as
being ineffective and not binding was
the resolution adopted by the senate
soon after the ratification of the
treaty.
History of the Case.
This case is ore Of the two important
cases left undecided by the court at its
last term when 1t decided number of
cases involving the customs relations of
the United States with its insular posses
sions. The cases decided at that time bore
entirely upon the relations of this coun-
try with Porto Rico, and this was the only
case of a large number which were then
argued and considered which involved the
relations Of the United States with the
Philippines. The other case involved the
right to impose duties on articles exported
from the United States to Porto Rico.
Much interest has been manifested in this
Philippine case, because of the probable
ty of legislation relating to the Philip
pines at the approaching session of con-
gress
The record shows that Pepke, who was
the respondent in the court below was a
soldier in the army of the United States in
the island of Luzon; that while there and
after the ratification of the peace treaty
he purchased IA diamond rings, which are
involved in the case. He afterward brought
these rings while still in the service of the
United States aboard the United States
vessel transporting his regiment to San
Francisco, where he was mustered out.
Later on he came with the rings to Chi
cago, where the rings were seized by the
custom officers under the claim that the
Philippine islands were foreign territory,
and merchandise brought from those is
lands to the United States was subject to
customs duties, which were not paid by
Pepke. Pepke set up the claim that the
imposition of duties upon merchandise un-
der the circumstances was contrary to the
constitution of the United States and in
violation of his rights as a citizen.
The case came to the supreme court from
the district court of the United States for
the Northern division of Illinois. In that
court the facts set up in Pepkes plea were
admitted by demurrer filed by the United
States and that court sustained the de-
murrer, overruling the plea and entering
judgment against the merchandise thus
seized, and directing that il be sold in
accord with the law, and from this deci-
sion the present writ of error was prose-
cuted.