New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-09
ISLE OF PINES CUBA'S.
SUPREME COURT DECIDES.
Treaty of Paris COUered Only
Islands Near Porto Rico.

washington. April S.-The Isle of Pines is
80, American territory. This was officially and
,udIcially declared to-day by the Supreme Court
- the United states in the case of Edward J.
pearcy agt. Nevada n Stranahan. Collector
:, the Port OF New York. The opinion of the
court was announced by Chief Justice Fuller.
vvbo said that up 10 the Paris treaty the Isle
~ Pines had been considered as an integral
IN Of Cuba, and that it could not be held to
he covered by Article ? OF that treaty, which
included only islands in the vicinity of Porto
Rico.
speaking Of the status Of the island at the date
Of the treaty Of peace with Spain. the Chief Jus
tioe said:
All the world knew that il was integral part
NJ cuba and IN view OF the joint resolution OF
Gpril 90 lS9S It seems clear that the Isle of Pines
not 10 e oae 9I Ie not co
stituting integral part OF Cuba and adjacent to
Porto Rico.
Drawing the conclusion that the island had
legitinateIy descended from Spain's control TO
that Of Cuba. he spoke of the recognition by
the United States Of the island Cuban terri
tory. follows:
We are justified in assuming that the Isle OF
Tesentatiye in Cuba as an integral part Of Cuba.
Tfis was indeed 10 be expected in view Of the fact
the treaty and its ratification and that the treaty
did not pToyGe oiaeTTife IN terms 10 say nothing
20 such coasts and shores those OF Florida, the
Bahamas and Cuba.
He referred TO the effect Of the Plat amend
msnt, an6 passing 10 the status of the island
with reference TO the customs he said in conclu-
sion:
The Isle Of Pines continues at least de facto under
the Jurisdiction OF the government Of the Repuoic
because. the United States have never taken
RossSesslon o5 4 8le ls9 IS ~ 49,, 80 e ~ ~
ing governed by that republic, it has remained
pingley act There has been no change Of nation
Ally FOR revenue purposes. but on the contrary
Tightfully exercising sovereignty a de facto gov
eminent until otherwise provided
Justice White ooncurred In the result. but took
sharp exception to the courts holding on Cubas
right TO sovereignty over the Isle Of Pines in
view OF the provision IN the Plat amendment
Declaring that while the island is de facto Cuban
territory II should be made the subject OF treaty
negotiations He said that by taking this POSI-
ton the court puts itself In the attitude Of con-
fradicting Itself for while IL processes 10 sus-
tain the attitude Of the legislative and executive
departments Of the United States toward the
island Il Immediately proceeds to discredit the
former by a decision which recognizes only one
proper way OF adjusting the matter by treaty.
Justice Holmes Endorsed Justice Whites opinion.
The case originated in connection with the
importation Of a few boxes Of cigars by Pearcy
n September, 1903. but its hearing by the court
was from time 20 time postponed in the hope
that the status OF the island might be definitely
fixed by legislation diplomacy. The cigars
were made in the Isle OF Pines Of tobacco grown
there, and when they arrived Pearcy refused TO
pay duty, on the ground that they were OF do
nestle origin. The Collector thereupon seized
them, and Pearcy appealed 10 the United States
Circuit Court. where he secured no relief as
that court sustained a demurrer filed by the
government and dismissed the case. He prompt
ly brought the case TO the Supreme Court by
which to-day the decree Of the lower court was
affirmed