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IN THE SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1900.

ELIAS S. A. DE LIMA ET AL., PLAINTIFFS IN ERROR, v. GEORGE R.
BIDWELL.
No. 456.

SAMUEL B. DOWNES ET AL., PLAINTIFFS IN ERROR, v. GEORGE R.
BIDWELL.
No. 507.

HENRY W. DOOLEY ET AL., PLAINTIFFS IN ERROR, v. THE UNITED STATES.

No. 501.

HENRY W. DOOLEY ET AL., PLAINTIFFS IN ERROR, v. THE UNITED STATES.

No. 502.

CARLOS ARMSTRONG, APPELLANT, v. THE UNITED STATES.

No. 509.

GEORGE W. CROSSMAN ET AL., APPELLANTS, v. THE UNITED

STATES.
No. 515.

BRIEF FOR THE UNITED STATES.

STATEMENT.

THE CASES.

No. 456. The De Lima case: Sugars imported from Porto Rico into New York in June, July, and 1899, after ratification treaty

of Paris and before passage of Porto Rican act.

1899,

De Lima & Co., doing business in New York, imported from San Juan, Porto Rico, during the months of June, July, and certain sugars, the product of Porto Rico. Upon these sugars the collector at New York demanded and collected the following sums as customs duties:

$2,450.58

On the 6th of November, 1899, on the sugars shipped in July, 1899, by the steamer Salamanca, the liquidation taking place September 11, 1899.. On the 14th of September, 1899, on the sugars brought during June, 1899, by the steamer Evelyn, the liquidation taking place September 11, 1899. 5, 452.61 On the 1st of September, 1899, on the sugars brought by the steamer Catania, the liquidation taking place September 1, 1899...

H. Doc. 509-39

5, 242. 17

609

De Lima & Co. sued Bidwell, the collector, as an individual, in the supreme court of the State of New York to recover back the duties thus paid, amounting in all to $13,145.36, alleging that they were unlawfully demanded, in violation of the Constitution, and collected by duress, the collector exacting the payment of the duties as a condition to the delivery of the sugars. On the petition of the collector. the suit was removed to the circuit court of the United States for the southern district of New York, which sustained a demurrer to the complaint, both on the ground no cause of action was stated and that the court had no jurisdiction. From the judgment dismissing the complaint De Lima & Co. prosecute error from this court.

No. 507. The Downes Case: Oranges from Porto Rico into Near York in November, 1900, after the passage of Porto Rican act.

In the month of November, 1900, Downes & Co. imported 576 boxes of oranges, the product of Porto Rico, from Porto Rico into New York-33 boxes from San Juan and 543 from Mayaguez. On November 20, 1900, the collector at New York demanded and collected $659.35 duties on these oranges under the act of April 12, 1900, "To provide revenues and a civil government for Porto Rico." Downes & Co. brought suit in the circuit court of the United States against Bidwell, the collector, as an individual, to recover back this amount, alleging that it had been collected by duress in violation of the Constitution, the collector exacting the payment as a condition to the delivery of the oranges. A demurrer to the complaint, on the ground it did not contain a cause of action, was sustained. From the judgment dismissing the complaint error has been prosecuted from this court.

No. 501. The Dooley Case: Goods imported into Porto Rico from Nor York after July 26, 1898, until May 1, 1900, during military occupa tion and partly before and partly after the ratification of the treaty. Dooley, Smith & Co. are engaged in business in New York and in San Juan, Porto Rico, being commission merchants, importers of goods from Porto Rico into New York and exporters of goods from New York into Porto Rico.

On April 24, 1898, war was declared to exist between Spain and the United States.

In July, 1898, Porto Rico was occupied by the military forces of the United States.

On August 12, 1898, the protocol between Spain and the United States was signed.

On April 11, 1899, ratifications were exchanged and the treaty of Paris proclaimed, by which Spain ceded to the United States the island

of Porto Rico.

On April 12, 1900, the act of Congress providing a civil government for Porto Rico was passed, to take effect May 1, 1900.

During the period from July 26, 1898, until May 1, 1900, Dooley, Smith & Co. imported into Porto Rico from New York certain goods wares, and merchandise upon which the military authorities of the United States in charge of Porto Rico collected $5,374.68, as alleged duties:

First. From July 26, 1898, until August 19, 1898, under the terms of the proclamation of General Miles, directing the exaction of the former Spanish and Porto Rican customs.

Second. From August 19, 1898, until February 1, 1899, under the customs tariff for Porto Rico promulgated by order of the President. Third. From February 1, 1899, to May 1, 1900, under the amended customs tariff regulations promulgated by order of the President.

Dooley, Smith & Co. brought suit in the circuit court of the United States for the southern district of New York to recover back the amount thus claimed to have been illegally exacted. A demurrer was

filed upon the ground that the court had no jurisdiction of the subject of the action, and upon the ground that the complaint did not state facts sufficient to constitute a cause of action. Judge Lacombe sustained the demurrer upon the second ground, under the authority of the decision of Judge Townsend in the Goetze case (103 Fed. Rep., 72). From the judgment dismissing the petition error was prosecuted from this court.

In the assignment of errors (Rec., pp. 13, 14, 15) it is insisted that the imposition and collection of duties in Porto Rico under the order of the President during the period mentioned was in violation of the following provisions of the Constitution:

1. Article 1, section 1, which declares that "All legislative powers herein granted shall be vested in a Congress of the United States." 2. Article 1, section 7, which declares that "All bills for raising revenue shall originate in the House of Representatives."

3. Article 1, section 8, which declares that "The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States."

4. Article 1, section 8, which declares that "Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States or in any department or officer thereof."

5. Article 1, section 9, which declares that "No tax or duty shall be laid on articles exported from any State."

6. Article 4, section 3, which declares that "The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States."

7. That portion of the fifth amendment which declares that "No person shall be deprived of property without due process of law; nor shall private property be taken for public use without just compensa

tion.

8. It was further insisted that the exaction of the duties under the order of the President violated the treaty of Paris, and that at the time. of the imposition and collection of duties the island of Porto Rico was a part of the United States.

In holding to the contrary, it is submitted that the lower court erred. No. 502. The Dooley case: Goods imported into Porto Rico from New York from May 1, 1900, to October 23, 1900, under Porto Rican act.

From May 1, 1900, to October 23, 1900, under the provisions of the act of April 12, 1900, entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," the sum of $1,433.11 was collected at the port of San Juan, Porto Rico, as duties on goods, wares, and merchandise shipped from New York

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