Evening star., 1924-02-18

| In 1904 a treaty was negotiated
by Secretary Of State John Hay, re-
llinquishing the Isle of Pines to Cuba
in the office Of the committee or
foreign relations awaiting discus
sion. with ratification or rejection
by the Senate. The treaty cites. as
consideration for the REIMBURSEMENT
of the isle. the granting by Cuba
(years before) of certain coaling sta
ltions on the mainland of Cuba. These
,coaling stations had been given us
as tokens of appreciation of our
services In freeing Cuba. from Spain
and in their cession no reference had
been made to the Isle of Pines.
y x X X
When the United States withdrew
from its government of Cuba Gen
Leonard Wood left the Isle of Pines
under the government of the de facto
officers of the province of Havana
and that government has continued
de. facto ever since. American set
tiers have alternately protested to
Congress against adoption of the
Hay treaty giving over the island
de jure t. Cuba, and have appealed
Tor an American administration.
x X u X
The United States Supreme Court
has ruled upon an appeal in error
from the southern New York United
States circuit court, in the case of
Pearcy VS.. Stranahan, on a. claim that
tobacco imported from the Isle of
Pines should not be assessed tariff as
from foreign country, it being part
of United States territory. If the
isle was part of Cuba, then imports
from il were subject 10 the Cuban
rates under our reciprocity with Cuba.
In the decision. written by Chi eff
Justice Fuller. 1t is held:
This inquiry involves the interpre-
tation which the political depart
ments have put upon the treaty. For
In the language of Justice Gray in
Jones vs.. United States-137 u.
>. 202-Who is sovereign de jure
or de facto Of a government is not a
judicial but a political question, the
ermination of which by the legis-
lative and executive departments Of
any government conclusively binds
the judges as we'll all other of
ticers. citizens and subjects
Nevertheless, the Chief Justice goes
on to say:
I'm short. the world knew it Usle
Cuba, and in view of language of
joint resolution April 90. 1898 tdeclar-
ing war with Spain and empowering
the President to wage war not for
conquest), ii was clear the Isle of
Pines was not supposed to be one of
the other islands ceded by article
III. These were islands not constitut-
ing an integral part of Cuba, such as
Eiequcs. Culebra and Mona islands
adjoining Porto Rico
The Isle Of Pines lies thirty five
miles off the south shore of Cuba, di-
rectly south of Havana. 1t comprises
900 square miles. of which about 300
are covered with forest-mahogany
and other fine woods. Its population
in 1893 was 3,139. and then included
only fourteen Americans, the others
being Spaniards. Indians and negroes
Now there are several American de-
velopment companies and some 400
American settlers who own more than
three-fourths OF the land and have
developed orchards and plantations Of
grapefruit and other tropical fruits
The island Is partly mountainous and
highly picturesque. The climate is
ideal and the island abounds in hot
medical springs. There are sixteen
American manufacturing plants, six
sawmills, twenty-six nurseries and
one bank.
The Americans coAHlain that the
cubans oppress them, maintain no
adequate courts of justice. no proper
schools. either in English or any
other language, and are planning to
establish a leper colony on the island.
Copyright. 1924. by Paul V. CollinsD