or of any political or municipal subdivision thereof, or by any State, or by any county, municipality, or other municipal subdivision. of any State or Territory of the United States, or by the District of Columbia. In computing the indebtedness of the people of Porto Rico, bonds issued by the people of Porto Rico secured by an equivalent amount of bonds of municipal corporations or school boards of Porto Rico shall not be counted. (39 Stat. 953. 41 Stat. 1096.) For this section prior to the amendment by Act Feb. 3, 1921, c. 34, § 2, see 1919 Supp. U. S. Comp. St. Ann. Ed., § 3803aaa. § 3803bb. (Act March 2, 1917, c. 145, § 5.) United States citizenship. Cited without definite application, § 3803ccc. (Act March 2, 1917, c. 145, § 9.) United States laws extended to Porto Rico. Taxation on income from Porto Rico. -That under this section internal revenue laws are not effective in Porto Rico, does not affect the liability of a state corporation for an income tax because it conducts its business in and derives its income from Porto Rico. Porto Rico Coal Co. v. Edwards (D. C. N. Y.) 275 F. 104. LEGISLATIVE DEPARTMENT of to to § 3803n. (Act March 2, 1917, c. 145, § 34.) Enacting clause of laws; financial budget; passage of bills. Subjects and titles of acts.-Under this section, Act Porto Rico Dec. 3, 1917, entitled "An act to amend" Act March 11, 1915, "entitled an act to protect Porto Rican cigars from misrepresentation," by providing for inspection, and issuance of stamps guaranty, is void as to section 3, which, contrary to the title, intentionally converts what was simply an inspection law into an inspection law and a revenue law, by providing fees for guaranty stamps, which will yield large surplus revenues. Benedicto v. Porto Rican American Tobacco Co. (C. C. A. Porto Rico) 256 F. 422. Federal Employers' Liability Act superseded. The federal Employers' Liability Act (Comp. St. §§ 8657-8665), which originally was applicable Porto Rico, has been superseded therein by Porto Rico Workmen's Compensation Act, section 10 of which expressly makes the act applicable railroads, in view of the fact that the reason for uniform legislation affecting interstate carriers does not apply in Porto Rico, and that the Safety Appliance Act, which is an important, if not an essential, part of the Liability Act, was made inapplicable to Porto Rico by section 380300, and that Congress had not exercised its power under this section to annul the Workmen's Compensation Act. Camunas v. Porto Rico Ry., Light & Power Co. (C. C. A. P. R.) 272 F. 924. § 380300. (Act March 2, 1917, c. 145, § 37.) Legislative power; new executive departments. Powers of Legislature-Workmen's Compensation Act.-Under this act, under which Porto Rico is now sovereign and which by this section gives the Legislature of Porto Rico substantially the powers of the state Legislatures, and by section 2, provides that nothing in the act shall be construed to limit the power of the Legislature to enact laws for the protection of the lives, health, or safety of the employees, the enactment of the Workmen's Compensation Act was not beyond the power of the Legislature of Porto Rico, especially in view of the fact that section 2 was inserted by Congress to avoid the question of the constitutionality of such a law. Cam unas v. Porto Rico Ry., Light & Power Co. (C. C. A. P. R.) 272 F. 924. Federal Employer's Liability Act superseded. The federal Employers' Liability Act (Comp. St. §§ 8657-8665), which originally was applicable to Porto Rico, has been superseded therein by Porto Rican Workmen's Compensation Act, section 10 of which expressly makes the act applicable to railroads, in view of the, fact that the reason for uniform legislation affecting interstate carriers does not apply in Porto Rico, and that the Safety Appliance Act, which is an important, if not an essential, part of the Liability Act, was made inapplicable to Porto Rico by this sec tion, and that Congress had not exercised its power under section 34 (section 3803n) of the Organic Act to an 'nul the Workmen's Compensation Act. § 3803p. (Act March 2, 1917, c. 145, § 38.) public service commission, etc. Regulation of rates.-This section declaring that the Interstate Commerce Act and its amendments shall not apply to Porto Rico, means the local and intra-island affairs and rates, and not rates by cable lines with other coun tries, over which, otherwise, the Interstate Commerce Commission has jurisdiction. Benedicto v. West India & Panama Telegraph Co. (C. C. A. Porto Rico) 256 F. 417. JUDICIAL DEPARTMENT § 3803q. (Act March 2, 1917, c. 145, § 40.) Existing courts continued. Cited without definite application, Porto Rico, Ry., Light & Power Co. v. Mor, 40 S. Ct. 516, 253 U. S. 345, 64 § 3803q(1). (Act Sept. 21, 1922, c. 365.) Jurisdiction of offenses under National Prohibition Act. That there be, and is hereby, conferred upon the Territorial magistrates and courts of Porto Rico jurisdiction concurrent with the commissioners and courts of the United States for the said Territory of all offenses under the Act of October 28, 1919, known as the National Prohibition Act, and all Acts amendatory thereof and supplemental thereto, the jurisdiction of said Territorial magistrates and courts over said offenses to be the same which they now have over other criminal offenses within their jurisdiction. (42 Stat. 993.) This section is an act entitled "An act to confer upon the Territorial courts of Porto Rico concurrent jurisdiction with the United States courts of that district of all offenses under the National Prohibition Act and all Acts amendatory thereof or supplemental thereto," cited above. § 3803qq. (Act March 2, 1917, c. 145, § 41.) District of Porto Rico; officers. Jurisdiction of federal district court. -Under this section, giving the United States District Court for Porto Rico jurisdiction of all controversies where all of the parties on either side are citizens or subjects of a foreign state or citizens of a state, territory, or district of the United States "not domiciled in Porto Rico," the quoted clause applies to aliens as well as American citizens, and a Spanish subject domiciled in Porto Rico cannot sue a Porto Rico corporation in such court; especially as an opposite construction would be inconsistent with the spirit of article 11 of the treaty of 1898 with Spain, guaranteeing to Spaniards residing in Porto Rico the right to appear before such courts and to pursue the same course as citizens of the country to which the courts belong. Porto Rico Ry., Light & Power Co. v. Mor, 40 S. Ct. 516, 253 U. S. 345, 64 L. Ed. 944. Any doubt as to whether the clause "not domiciled in Porto Rico," in this section, relative to the jurisdiction of the United States District Court, applies to aliens, should be so resolved as to effectuate the general purpose of Congress to curtail the jurisdiction of such court. Id. This section, in providing that the United States District Court for the island shall have jurisdiction of all cases cognizable in the District Court of the United States, "and shall proceed in the same manner," is a grant of general equity power, and not intended to be qualified, relative to injunction of action under laws of the island, by Judicial Code, § 266 (Comp. St. § 1243), as to injunction of action under laws of states. Benedicto V. West India & Panama Telegraph Co. (C. C. A. P. R.) 256 F. 417. Under this act the federal District Court for Porto Rico is without jurisdiction of an action by citizen of France residing in Porto Rico against residents of the island; there being no allegation or proof that the parties on either side were citizens or subjects of a foreign state not domiciled in Porto Rico, or that they are citizens of a state, territory, or district of the United States not domiciled in Porto Rico. Vere v. Bianchi (C. C. A. P. R.) 266 F. 367. To confer jurisdiction on the District Court of the United States for Porto Rico, under this section, where defendant is a citizen of Porto Rico, plaintiff must allege and prove, not only that he is a foreign citizen or subject, or a citizen of the United States, but that he is not domiciled in Porto Rico. Porto Rico Ry., Light & Power Co. v. Diaz Mor (C. C. A. P. R.) 266 F. 516. The United States District Court does not have jurisdiction of a suit by a citizen of Spain domiciled in Porto Rico against a defendant, also a resident in Porto Rico. Diez v. Green (C. C. A. P. R.) 266 F. 890. Removal of causes.-Under this section and section 42 (Comp. St. Ann. Supp. 1919, § 3803r), establishing the District Court of the United States for Porto Rico, defining its jurisdiction and providing for removal of causes thereto, a cause which involves the requisite amount is removable from a local court where all the defendants are "citizens or subjects of a foreign state or states, or citizens of a state, territory or district of the United States not domiciled in Porto Rico," regardless of whether or not plaintiff is a citizen, either of Porto Rico or of a foreign state. People of Porto Rico v. Fortuna Estates (C. C. A. Porto Rico) 279 F. 500, certiorari denied 42 S. Ct. 590, 259 U. S. 587, 66 L. Ed. 1077. § 3803r. (Act March 2, 1917, c. 145, § 42). Appeals, etc. 500, certiorari denied 42 S. Ct. 590, § 3804. (Act July 1, 1902, c. 1369, § 1.) Establishment of civil government ratified; enacting clause of laws. Cited without definite application, pine Nat. Bank (D. C. N. Y.) 263 F. Commercial Pacific Cable Co. v. Philip- 218. § 3804a. (Act Aug. 29, 1916, c. 416, § 1.) Meaning of term "The Philippines." Cited Board without definite application, Ynchausti & Co. 40 S. Ct. 277, 251 U. of Public Utility Com'rs V. S. 401, 64 L. Ed. 327. § 3804c. (Act Aug. 29, 1916, c. 416, § 5.) Statutory law of the United States not to apply to Philippines. Cited without definite application, 32 Op. Atty. Gen. 258. § 3810. (Act Aug. 29, 1916, c. 416, § 3.) Bill of Rights and restrictions for Philippine Islands. Construction.-The 1. In general provisions of the Bill of Rights of the Philippine Islands are to have the settled construction they have received in the United States, but their application to governmental powers must depend on the nature and character of the powers conferred by Congress on the government of the Islands. Board of Public Utility Com'rs v. Ynchausti & Co., 40 S. Ct. 277, 251 U. S. 401, 64 L. Ed. 327. 3. Due process of law. The guaranty by the Philippine Bill of Rights of due process, or its prohibition against the taking of private property for public use without compensation, is not violated by requiring vessels engaging in the coastwise trade to carry the mails free if the Philippine government possessed the power to so limit the right to engage in the coastwise trade. Board of Public Utility Com'rs v. Ynchausti & Co., 40 S. Ct. 277, 251 U. S. 401, 64 L. Ed. 327. Assuming that, under the Philippine § 3812. (Act Aug. 29, 1916, c. power. Imposing burden of free carriage of mail. The Philippine government has power to require the free carriage of the mail as a condition of engaging in the coastwise trade in view of the power exercised over preceding forms of government and the provisions of Act Bill of Rights, the government could not require the free carriage of mail as a condition of engaging in the coastwise trade, shipowners did not, by accepting a license on such condition, voluntarily assume the obligation of free carriage. Id. 416, § 8.) Grant of legislative April 15, 1904, § 3, authorizing the Philippine government to adopt regulations governing transportation between places in the Islands. Board of Public Utility Com'rs v. Ynchausti & Co., 40 S. Ct. 277, 251 U. S. 401, 64 L. Ed. 327. § 3812a. (Act Aug. 29, 1916, c. 416, § 10.) Trade relations to be governed by Congress, etc. Cited without definite application, 31 Op. Atty. Gen. 426. § 3812b. (Act Aug. 29, 1916, c. 416, § 11, as amended, Act July 21, 1921, c. 51, and Act May 31, 1922, c. 203). Export duties; franchises and privileges; indebtedness. No export duties shall be levied or collected on exports from the Philippine Islands, but taxes and assessments on property and license fees for franchises, and privileges, and internal taxes, direct or indirect, may be imposed for the purposes of the Philippine government and the provincial and municipal governments thereof, respectively, as may be provided and defined by acts of the Philippine Legislature, and, where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the Philippine government or any provincial or municipal government therein, as may be provided by law and to protect the public credit: Provided, however, That the entire indebtedness of the Philippine Government created by the authority conferred herein, exclusive of those obligations known as friar land bonds, shall not exceed at any one time 10 per centum of the aggregate tax valuation of its property, nor that of the city of Manila 10 per centum of the aggregate tax valuation of its property, nor that of any Province or municipality, a sum in excess of 7 per centum of the aggregate tax valuation of its property at any one time. In computing the indebtedness of the Philippine Government, bonds not to exceed $10,000,000 in amount, issued by that Government, secured by an equivalent amount of bonds issued by the Provinces or municipalities thereof, shall not be counted. (39 Stat. 548. 42 Stat. 145, 599.) This section was amended by Act July 21, 1921, c. 51, § 1, 42 Stat. 145, cited above, by making the proviso read as follows: "Provided, however, That the entire indebtedness of the Philippine government created by the authority conferred herein shall not exceed at any one time the sum of $30,000,000, exclusive of those obligations known as friar land bonds, nor that of any Province or municipality, a sum in excess of 7 per centum of the aggregate tax valuation of its property at any one time. In computing the indebtedness of the Philippine government, bonds not to exceed $10,000,000 in amount issued by that government, secured by an equivalent amount of bonds issued by the Provinces or municipalities thereof, shall not be counted." Prior to this amendment the proviso read as follows: "Provided, however, That the entire indebtedness of the Philippine government created by the authority conferred herein shall not exceed at any one time the sum of $15,000,000, exclusive of those obligations known as friar land bonds, nor that of any Province or municipality a sum in excess of seven per centum of the aggregate tax valuation of its property at any one time." It was again amended by Act May 31, 1922, c. 203, 42 Stat. 599, cited above, by again amending the proviso to read as set forth above. Notes of Decisions Ratification by Congress of taxes imposed. The fact that the Supreme Court of the Philippines had rendered judgment for the recovery by the taxpayers of taxes on exports under an act of the Philippine Legislature does not prevent the applicability thereto of Act Cong. June 5, 1920, ratifying the levy of such taxes. Rafferty V. Smith. Bell & Co., 42 S. Ct. 71, 257 Act Cong. June 5, 1920, expressly ratifying the taxes imposed by the Philippine Legislature by Act Feb. 24, 1916, No. 2657, § 1614, included taxes levied on exports under that section, and the enactment of such ratification act was within the power of Congress. Id. § 3814ff. (Act July 1, 1902, c. 1369, § 8.) Resident Commissioners; allowances for expenses. At the same time with the first meeting of the Philippine legislature, and biennially thereafter, there shall be chosen by said legislature each house voting separately, two resident commissioners to the United States, who shall be entitled to an official recognition as such by all departments upon presentation to the President of a certificate of election by the civil governor of said islands, and each of whom shall be entitled to a salary payable monthly by the United States at the rate of five thousand dollars per annum, and two thousand dollars additional to cover all expenses: Provided, That no person shall be eligible to such election who is not a qualified elector of said islands, owing allegiance to the United States, and who is not thirty years of age. (32 Stat. 694.) This section was § 8 of an act entitled "An act temporarily to provide for the administration of the affairs of the civil government in the Philippine Islands, and for other purposes," cited above. It has been superseded, except as to the provision for the payment to the Commissioners of $2,000 each additional to cover all expenses, by subsequent provisions of Act May 22, 1908, c. 186, § 1 (U. S. Comp. St. 1916, § 3817), and of Act Aug. 29, 1916, c. 416, § 20 (U. S. Comp. St. 1916, § 3815). [COINAGE AND CURRENCY] § 3897. (Act March 2, 1903, c. 980, § 6.) Application of previous provisions to coinage authorized by act. Obligations of Philippine Government.-Certificates of indebtedness in the sum of $10,000.000 par value which the Government of the Philippine Islands proposes to issue to maintain the required parity between the silver and the gold peso and to meet an emergent § 3897a. (Act July 21, 1921, c. indebtedness. exchange situation, as provided by this act, and also by an act of the Philippine Legislature of May 6, 1918, will, if and when issued in the form and under the conditions herein stated, be the valid obligations of the Philippine Government. 31 Op. Atty. Gen. 426. 51.) Temporary certificates of For the purpose set forth in section 6 of the Act approved March 2, 1903, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," the government of the Philippine Islands may issue temporary certificates of indebtedness under the conditions therein provided, in addition to the amount therein fixed, to a further amount not exceeding $10,000,000. (42 Stat. 146.) This section, and the section next following, are parts of Act July 21, 1921, c. 51, cited above. For the remainder of said act, see ante, § 3812b. For Act March 2, 1903, c. 980, § 6, see U. S. Comp. St. 1916, § 3897. § 3897b. (Act July 21, 1921, c. 51.) Same; act applicable. The act of the Philippine Legislature providing for the issue of temporary certificates of indebtedness within the conditions of section 6 of the Act of March 2, 1903, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," shall apply to the issue of additional certificates authorized by this Act. (42 Stat. 146.) See ante, note to § 3897a. |