The Montgomery advertiser., 1907-04-09
IS CUBAN PROPERTY
ISLE OF PINES STATUS IS FIXED.
Chief Justice Fuller Declares That Up To Paris Treaty, Island Be- longed to the Antilles
 Group.

Washington, April S.-That the Isle of Pines is not American territory was officially and judicially declared today by the Supreme Court of the United States.
 The decision was rendered in the famous case of Edward J. Pearcy versus Nevada M Stranahan, collector of the port at New York and the opin- ion of the court was announced by Chief Justice Fuller, who said that up to the Paris treaty, the Isle of Pines had been considered as an integral part of Cuba and that it could not be held to be covered by article two or that reaty which included only islands in the vicinity of oPrto Rico.
 The case originated in connection with the importation of few boxes Of cigars by Pearcy in September, 1903, but its hearing by the court was from time to time postponed in the hope that the status of the Island might be definitely fixed by legislation or df- plomacy
 The cigars were made in the Isle of Pines of tobacco grown there and when they arrived, Peary refused to pay duty on the ground that they were of domestic origin. The collec- tor thereupon seized them and Peary appealed to the United States Circuit Court, where ne seCuTeu uo icAiOis oS that court sustained a demurrer filed by the government and dismissed the case. He promptly brought the case to the Supreme Court by which today the decree of the lower court was affirm ed.
 Speaking of t<e statue of the island at the date of treaty of peace with Spain the justice said:
 All the world knows that It was N,,1o In, the joint resolution of April 20, 1888, it seems clear that the Isle of Pines was not supposed to be one oe the "other island" ceded by article II. These were islands not constituting an integral part of Cuba and adjacent to Porto Rico"
 Drawing the conclusion that the is- land had been legally descended rom Spain's control to that Of Cupa ne spoke of the recognition by the Uni ted States of the island as Cuban ter ritory as follows:
 We are justified in assuming that the Isle of Pines was always treated by the presidents representative In Cuba as an integral part of Cuba. This was indeed to be expected in view of the fact that it was such at the time of the execution of the treaty and Its ratification and that the treaty did not provide otherwise to say nothing of general principles of inter national law applicable to such coasts and shores as those or Florlda' the Bahamas and Cuba.
 He referred to the effect Of the Platt amendment, and passing to the status of the island with reference to the customs He 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 pe1ore us because, as the United States nave never taken possession of the island as having been ceded by the treaty of peace and as it has been' and IS being governed by that repuolic, lt has remained foreign country within the meaning of the Dingly act. There has been no change of nationality TOT revenue purposes, but on the contrary the Cuban government has been rec oenied as rightfully occupying soVer- eighty as a defacto government untii otherwise provided.