Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1907-04-10
Isle of Pines is not
American Territory.
CUBAN SOIL.
SUPREME COURT PASSES on ISLE
on PINE TERRITORY.

Washington. Aprfil 1o.-That the
Isle of Pines is not American terri
tory was officially and tudcially de
elsred yesterday by the Supreme
Court of the United States. The
decision was rendered in the IA
nous case of Edward ]. Pearcy vs..
Nevada n. Stranahan. Collector OF
tho Port at New York. and, the
by Chief Justice Fuller. who said
that up TO the Paris treaty the Isle
OF Pines had been considered as al
integral part OF Cuba and that Il
could not be held TO be covered BY
articles 2 OF that treaty. which in
cluded only islands in the vicinity Of
Porto Rico.
Speaking of the status of the
island at the date OF the treaty o.
peace with Spain the Chief Justice
Said:
an integral part OF Cuba and n
view OF the joint resolution OF April
20. 1898. it seems clear that the
Isle of Pines was not supposed &c
be one OF the other islands ceded
by Article II. These were islands
not constituting an integral part OF
Cuba and adjacent to Porto Rico.
Drawing the conclusion that the
island had 'legitimately descended
from SPANS control to that OF Cuba
he spoke OF the recognition by the
United States OF the island as Sudan
territory, as follows: I'VE are jus
tiled in assuming that the Isle OF
Pines was always treated by tae
Presidents Representative in Cuba
as an integral part OF Cuba This
was indeed to be expected in view
OF the fact that IL was such at the
time OF the execution OF the treaty
and its ratification, and that the
treaty did not provide otherwise in
terms. TO say nothing OF general
principles OF international law ap-
plicable to such coasts and shores
as those OF Florida. the Bahamas
and Cuba"
He referred to the effect OF the
Plat amendment and passing to the
statutes OF the island with reference
TO the customs. said in conclusion:
THE Isle OF Pines continues at
least de facto under the jurisdiction
OF the Government OF the republic
= OF Cuba and that settles the question
before us because, as the United
States have never taken possession Of
the island as having been coded by
the treaty OF peace and as it has been
and IL being governed by that repub-
lie, IL has remained foreign country
within the meaning OF the DINGHY act
There has been no change OF nation
ality for revenue purposes, but on
the contrary the Cuban Government
has been recognized las rightfully
Vexercising sovereignty as de facto
Government until otherwise pro-
Vided.'
Justice White concurred in the re-
suit. took sharp exception to the
courts holding on Cuba's right to
sovereignty over the Isle OF Pines
in view OF the provision in the Plat
amendment declaring that while the
island in de facto Cuban territory.
II should be made the subject of
treaty negotiations. He said that by
taking this position the court puts
itself in the attitude OF contradict
ing Itself, for while it processes to
sustain the attitude OF the legisla-
tive and executive departments Of
the United States towards the is
land. IT Immediately proceeds to dis
credit the former by a decision which
recognizes only one proper way of
adjusting the matter by treaty. Jus
tioe Holmes Endorsed Justice Whites
opinion.
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