The sun., 1908-04-14
The Geographical Jurisdiction Of the
Supreme Court.

Supreme Court.
Since the acquisition Of our insular
possessions and the temporary domina-
ton of our Government over Cuba, the
geographical jurisdiction of the Supreme
Court Of the United States has become
more extensive than that Of any other
tribunal except the judicial Committee
Of the Privy Council in England. Cases
which have arisen in remote corners
Of the globe now frequently come to
Washington for final determination
for example, from Hawaii, the Philippine
Islands, Cuba and Porto Rico. At the
present term OF the Supreme Court
judgments have been reviewed involv-
ing the hereditary right of a titled Span
ish lady to carry on the slaughter Of
cattle in the city Of Havana in one case,
and In another case the right Of Spanish
lawyer TO practise his profession in the
courts Of the Philippine Islands.
Doha MARIA FRANCESCA 0'REILLY,
Countess Of Buena Vista, brought
suit against Major-General JoHN X.
BROOKE OF the United States Army for
having wrongGully deprived her Of the
compensation to which she claimed TO
be entitled by reason Of having inherited
the privilege Of carrying on the business
Of slaughtering at Havana. This privi-
lege formerly appertained to the Office
Of Alguacil-Mayor or High Sheriff Of
Havana In 1873 that office was abol-
ished by the Spanish Government which
ordained, however, that it's emoluments
should continue to be paid to the ances-
tor Of the complainant. In 1899, while
Brigadier-General LUDLOW was military
governor Of Havana, that officer promul-
gated an order declaring that the grant
connected with the city slaughter house,
in which the 0'REILLYs claimed the
chief beneficial interest, was terminated.
The Countess of Buena Vista appealed
from this order to MajoT-General
BROOKE, who was then the military
governor Of the whole island, but he
refused TO allow her appeal, declaring
that it was prejudicial TO the general
welfare TO continue 10 pay for official
services after the Office Of Alguacil-
Mayor had been abolished. The lady
thereupon sued General BROOKE on the
ground that his order constituted
legal wrong in violation Of the law of
nations and Of the treaty Of the United
States with Spain made on December
10, 1893. The trial court decided against
her and the Supreme Court Of the United
States has affirmed the decision in an
opinion written by Mr. Justice HOLMES
holding, in accordance with the view
expressed by Mr.. RooT when the matter
came before him as Secretary Of War,
that the plaintiff had no property right
which survived the extinction Of the
sovereignty Of Spain over Cuba,
The Philippine case was an appeal from
an order made by the Supreme Court Of
the islands denying the appellants appli-
cation to be admitted TO practise law in
the Philippine courts. The Treaty Of
Paris provided that Spanish subjects
born in Spain might remain in the Phil
ippines or remove therefrom, retaining in
either event all their rights Of property,
and that they should also have the right |
TO carry on their professions, being sub
ject in that respect to such laws as were !
applicable to other foreigners. 1t ap- !
peared that the appellant had left the |
Philippines for Europe in May, 1899, and |
was absent until January, 1901, being !
most Of the time in Barcelona. Both the
Philippine Supreme Court and the Su- /
preme Court Of the United States have |
held that he carried his Spanish national
ity with him and did not become a citizen
of the Philippines under the new sover-
eighty. A Spaniard is deemed a for
siEner within the meaning Of the treaty |
after the cession Of the islands, and as the
local laws do not permit foreigner 10
practise law the decision is that his ap-
plication was properly denied,
The geographical extension Of the
jurisdiction Of the Supreme Court so az
to embrace causes arising in localities
30 far separated from one another carries
with IL a notable increase in the variety
a I'd interest Of the cases presented for
TO that great tribunal As
we have suggested, this variety and
interest q only surpassed by the juris-
dlctlon w the English PriYY Council.