New-York tribune., 1905-05-18
GOVERNMENT APPEALS.
.4d,8 Rckcaring of Philippine Tariff
Cases.

Washington. Nay IA petition Of The govern
meat Tor a rcfcaring the cases Of The Inited
States asa:us; Peabody d &C. and Warner, Barnes
& -. Involving jhe construction or thn ffosl-
deats Philippine tlrtf order of Sul! y iss,, WIS
submitted the Supreme Court Of the Oni'e"
states TODAY. The petition presented hE
Solicitor General Hovt auG was supported u d
brief by Attorney General Moody The case was
decided few weeks ago against the contentious
Of the United States government that tile
decision viii impose 4 considerable burden on tho
Treasury. IL. Boyt recalls tire fact mat inc
Sscisioa was based on the fourteen diamond 'I''6S
cese. bat contends tnat the cases are i"ilo'i''''
ally Ginoro-t The court held that the Ffesldeh
or5er expired bN its Own terms when ;he war with
Spain ended but the Solicitor General says
II is dirfcul; TO see why because the exercise
Of me VIZ power vas 9 M ~ ita1 v.sr and does
r4oj extend on into a much more serious wa;
entertain th.s view, il seems 10 mt y In SSsr
gard tie doctrines laid 1o"n ~ tHe ,oxercisa
Of executive power FOR which he soFera'ehl r'j IN
5arT<s,Ic -c-riii7,,r, Tho President corsciouslH
and Intentionally irposcd tic order OF ne new
war. aud was not n.islsd into unkrowns4E gh ,Se
ing an authority in blank. J here cni.ol ge m, nc
slightest doub about this The comma noins s g6as
ersl and the subordinate officers acted at az tIlSs
in Strict accordance with tho executive orders
The courts inquiry. MI Hoyt says. was not eX-
haustiye and he contends that the stress OF inc
case rests on the intention Of Congress in ratifYns
acts done in the Philippines. The government IS
convinced he says, that Congress intended 10 ra'I!
all that was done h. the executive authorities IN
the Philippines. After extending this argument AT
some length in giving reasons foT the rehearlns'
Mr. Hoyt closes as follows:
dent, ] think that while the opinion OF the court
SIR sLeS oo"3 2a , n eea or Of t66 eatire sruc
lre OF civil Government after the ratification Of
relative 10 other features not now presented or
forcscen i tie cours adheres unqualinediy TO the
fhe oo9r; aoud not rczard as controlling either
10 7ste 95dcl nc dlfics 10 the rriee Of their
gocGs But Il Is WORTH while u point out as ac ac,
tho refunds called for under the decision Of the
coUrt viii reach rhe sum CT $4,000 ana that this
vast s-.a wi!! be paid in iarge part to claimants
many 70 r5en aliens Tao as public records show
ins- rle a-thr-igv cr lhe United States.
Attorney Genera. Moody reviews the conditions /
existing WHOM rhe order WIS issued. and deals in 1
detail ri,a The effect OF tire order and the amend
lnets 4. showing that autios levied on al
goods coins i-t5 the Philippines from the United /
st41es Discussing Justice Holiness construction 4
OF the question as 70 whether the act Of 1892 had the
effect OF ratfy.nS the collection Of duJes under the
Presidents order. lie says:
aS Il rs a % @ = a ie& son ne pTS2s2 me c6a @
OF ihe eo.t. tlTnc-t ot tGc t~hlhpplue lsiandsl
thar the approval Of The action Of the authorities
With the order, which as We have alreicy inu.
Win y deiesal'ee, Jhc 2pprc'a d Is not c2ni'"ed @ 10 10
expressly ana industr.a extended 10 nc'uqe
hose yl.rh |cIe Iakg0 accordance WITH SUD
.4sleut amendments Is il possible t3at actions
.aAcu accord WITH subsequent amendments are .
T. be xcluded from The medal effect Of the
ltatute because they were not in acS"Id with iho .
original order? WY add the words subsequent
amendments At all
Tn reason inr -hc ins7ortaace 10 the govern
ncEt OF the ground upon which mis- case Is -
b. Ic,4icd. i fl must De- decided III favor OF tlt
is that there arr doubtless claims
amounting TO moro thaa N.e1t.c}0 or which suit
xa< not brought before JuIy !. 1902, the late OF
the ratif-7g act b1;t upon which suits have been
anC will be 9ou sht IL Vie" of the present decision
OF tho ceurt- Fer these wc think II OF JnA
utmost importance the government that an op-
porUu1ity should be given for reargunleAt, IN
which the question II construction and ratnc@tol !
mav be given a much fuller consideration III view /
of IN the history Of this legislation, than. as II /