The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-09
ISLE Of PINES LOST
ON BOX OF CIGARS
Supreme Court Decides Duty
Must Be Paid
ISLAND BELONGS TO CUBA
Peary Refused to Pay Collector of Port
of New York for Cigars, Claiming
They Were of Domes-
tic Origin.

Washington, April S.-That the Isle of
Pines is not American territory was Off
oally and judicially declared today by
the supreme court of the United States.
The decision was rendered in the famous
case of Edward j. Pearcy VS.. Nevada N,
Stranahan, collector of the port at New
York, and the opinion 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 in
tegral part of Cuba, and that 1t could
not be held to be covered by article OF
that treaty, which included only islands
in the vicinity of Porto Rico.
Few Boxes.
The case originated in connection with
the importation of few boxes of cigars
by Pearcy in September, 1908, but It's
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 or diplomacy. The cigars were
made in the Isle of Pines of tobacco
grown there and when they arrived Pear
CIV refused to pay duty on the ground
that they were of domestic origin The
collector thereupon seized them and Fear
CIV appealed to the United states circuit
court where he secured no relief. as tnat
court sustained demurrer filed by tne
government and dismissed the case he
promptly brought the case to the supreme
court by which today the decree OIL the
lower court was affirmed.
Speaking of the status of the island at
the date of the treaty of peace with Spain
the chief Justice said "All the world
knows that it was an integral part OF
Cuba and in view of the joint resolution
of April 20, 1898, it seems clear that the
Isle of Pines was not supposed to pc one
of the other islands ceded by article q
Tbese were islands not constituting an
integral part of Cuba and adjacent to
Porto Rico
Descended From Spain.
Drawing the conclusion that the island
had legitimately descended from Spain
control to that of Cuba he spoke of the
recognition by the United States OF the
island as Cuban territory, as foHows'
1--WE are justified in assuming that the
Isle of Pines was always treated py the
presidents representative in Cuba as an
integral part of Cuba. This was lndeeo
TO be expected in view of the fact tnat
If 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 princl-
pies of international law applicable TO
such coasts and shores as those Oh flor-
ida. the Bahamas and Cuba
He referred to the effect OF the PAU
amendment and passing to the status Oh
the island with reference TO the cus'oins'
he said, in conclusion:
'The Isle of Pines continues at least oe
facto under the jurisdiction of the gov
ernment of the republic of Cuba and that
settles the question before us because, as
the United States have never taken pos
session of the island as having been ced-
cd bv the treaty of peace and as 1t mas
been and is being governed by that re-
public. it has remained foreign country
within the meaning of the Dingley act.
There has been no change of nationality
for revenue purposes, but on the contrary
the Cuban government mas peen lseos
niyed as rightfully exercising sovereignty
as de facto government until other
wise provided"