Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-04-11
ISLE OF PINES
NOT AMERICAN.
IMPORTANT DECISION HANDED
DOWN BY UNITED STATES SU-
PREME COURT.
1T IS CUBAN TERRITORY.
Fugitive Extradited from Canada on One
Charge Cannot Be Imprisoned ON
Another.

WASHINGTON, D. c., April s.
That the Isle of Pines is not American
territory was officially and judicially de-
clared today by the supreme court of the
United States.
The decision was rendered in the ia
nous case of Edward J. Pearcy versus
Nevada n. Stranahan, collector OF the
port at New York, and the opinion OF
the court was announced by Chief JUS
tice Fuller.
Justice Fuller said that up to the Paris
treaty the Isle of Pines had been con-
sidered as an integral part Of Cuba and
that it could not be held to be covered
by Art of that treaty which included
only islands in the vicinity Of Porto Rico.
How Case Originated.
The case originated in connection with
the importation of a few boxes OF cigars
by Pearcy in September, 1903, but its
hearing by the court was from time to
time postponed III the hope that the
statutes of the island might be definitely
fixed by legislation or diplomacy. The
cigars were made in the Isle of Pines OF
tobacco grown there and when they ar
rived Pearcy refused to pay duty, on the
ground that they were OF domestic origin.
The collector thereupOn seized them and
Pearcy appealed to the United States
circuit court, where he secured no re
lief, as 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 affirmed.
New Extradition Decision.
That a fugitive from justice in the
United States who has been eXtradited
from Canada on one charge cannot be
imprisoned on another charge was de-
cided today by the supreme court of the
United States in the case Of Charles
G. Browne, an appraiser of merchandise
at New York who three years ago was
indicted and convicted in connection with
frauds discovered in connection with the
impOrtations of japanese silks. The
opinion of the court was delivered by
Justice Peckham and affirmed the decis-
ion of Judge Hough sitting in the cir
cult court for the southern district of
New York, who ordered Brownies re-
lease on q writ of habeas corpus.
Upon the joint request of John p.
Wilson, representing the Chicago City
Railway company and J. Hamilton
Lewis, representing the city of Chicago,
the decision of the United States circuit
court in the case of the city against the
company involving the question of street
car transfers in Chicago was today re-
ed states and remanded to the trial court
with directions to proceed in accordance
with the law as expounded by the court
in other cases.
Pass on Liability Act.
The supreme court reconvened to-
day after a two weeks recess. Among
the cases is that of the United States
against Heinzen & Co.. involving the
tariff on articles imported into the Philip
pine Islands from the United States be-
tween April, 1899, and November, 1901.
This is the last of the Philippine test
cases.
A case of more general interest and
Importance is that of Damselle Howard
against the Illinois Central railroad, in
volving the constitutionality of the rail-
road employers liability act. The United
States circuit court for the western dis
trict of Tennessee held the first section
of the act, abolishing the fellow servant
rule, to be unconstitutional.
When the court held the act invalid
because of its unconstitutionality Presi-
dent Roosevelt Sit once took up the mat
ter and decided to take the question to
the highest court. Only once before, it
lis said, in the history Of the department
,of Justice has similar action been taken
sby the administration