the island then occupied by the military forces of the United States from the twenty-sixth day of July, 1898, until the 19th day of August,

1898.

VIII. That on the nineteenth day of August, 1898, the customs tariff and regulations for ports in Porto Rico in possession of the United States, was promulgated by an order of the President of the United States and duties were collected thereunder until the first day of February, 1899.

IX. That on the first day of February, 1899, the amended customs tariff and regulations for ports in Porto Rico was promulgated by an order of the President of the United States, as a tariff fixing, and providing for the collection of duties upon imports into Porto Rico from all the ports of the United States as well as from foreign countries, and thereafter duties were collected under the said amended customs tariff and regulations and the amendments thereof made from time to time by order of the President of the United States until the first day of May, 1900.

X. That during the period above mentioned, to wit, from the twenty-sixth day of July, 1898, until the first day of May, 1900 (the imposition and collection of), customs duties upon all imports into the island of Porto Rico from the various ports of the United States, including the imports of the plaintiffs from the port of New York, in the State of New York, and upon all exports from the ports of the various States of the United States, including the goods exported by your petitioners from the port of New York to the island of Porto Rico, were in fact made and enforced, levied and collected by the War Department and by the military forces of the United States, and that no part of said customs duties collected during the period from July 26th, 1898, to May 1st, 1900, under the said Spanish tariff and under the proclamation of Major General Miles and under the customs tariff and regulations and amended customs tariff regulations, was levied or collected by the Treasury Department of the United States, or by any of the civil authorities of the United States.

XI. That all the duties so collected by the War Department and military authorities of the United States, including the duties paid by your petitioner upon the imports into Porto Rico from the United States and exports from the United States into Porto Rico, are now in the possession of and held by the United States of America.

XII. That on the first day of May, 1900, the act of Congress of the United States of America of April 12th, 1900, providing a civil government for the island of Porto Rico, went into effect, and that in and by said act of Congress, it is provided among other things, in substance, that upon all the imports into Porto Rico from the ports of the United States, there shall be levied, collected and paid customs duties at the rate of fifteen per cent. of the existing tariff, established by the act of Congress of July 24th, 1897, commonly known as the Dingley tariff

law.

XIII. That the plaintiff, Henry W. Dooley, in behalf of his copartners and as a member of said firm, being as aforesaid, a citizen of the United States and of the State of New York, in the early part of 1899 and prior to April 11th, went to the city of San Juan, in the island of Porto Rico, and remained there in connection with his business until after the first day of May, 1900; that during the period aforesaid, the plaintiffs, Dooley, Smith & Company exported from the port of New York, in the State of New York, to the plaintiff, Henry

W. Dooley, as their agent, in the city of San Juan, Porto Rico aforesaid, certain goods, wares and merchandise, and the said Henry W. Dooley entered such goods or caused the same to be entered for the plaintiffs and as their agent at the port of San Juan in the island of Porto Rico, and thereupon duties were assessed and levied upon said goods by the officer of the United States Army, to whom charge of the collection of such duties had been given by the military authorities of the United States, to wit, Major, afterwards Lieutenant Colonel, Charles L. Davis, of the Eleventh United States infantry; that thereafter said duties were paid by the plaintiff Henry W. Dooley, or his agent for the plaintiffs, or by his agent in behalf of the plaintiffs, under protest, and by compulsion of the United States military authorities and in order to enable the plaintiffs to obtain such goods from the custody of the United States.

XIV. That annexed hereto as a part of this complaint and marked "Schedule A," is a statement of certain goods with the duties levied and paid thereon amounting to $5,374.68 and the date of payment of said duties to the United States military authorities in San Juan, Porto Rico, between the dates of April 11th, 1899, and May 1st, 1900. XV. The plaintiffs further allege that, as they are informed by counsel, the imposition and collection of the duties aforesaid are in violation of the rights and privileges secured to the plaintiffs as citizens of the United States and of the State of New York, under the Constitution of the United States of America, and that the imposition and collection of such duties are in violation of the treaty of peace between the United States and Spain herein before referred to and of the Constitution of the United States.

XVI. And the plaintiffs further show that no part of the said duties paid under protest as aforesaid has ever been repaid to them by the United States, although payment thereof has been demanded. `And by reason of the facts aforesaid, the sum of $5,374.68 is now due and owing to the plaintiffs from the United States.

dol

Wherefore plaintiffs demand judgment against the United States for the sum of five thousand three hundred and seventy-four and lars ($5,374.68), with interest and costs.

JOHN G. CARLISLE,
WILLIAM G. CHOATE,

JOSEPH LAROCQUE, Jr.,
HENRY M. WARD,

Counsel.

HENRY M. WARD,

No. 45 William Street, New York City.

STATE OF NEW YORK,

}

Southern District of New York, County of New York, Louis G. Smith and Charles W. Ogden being duly sworn, severally deposes and say: We are two of the plaintiffs above named. We have read the foregoing petition and complaint and the same is true of our own knowledge, except as to those matters therein alleged upon information and belief, and as to those matters we believe it to be true.

LOUIS G. SMITH.
CHARLES W. OGDEN.

Severally sworn to before me this 18th day of October, 1900.

[SEAL.]

LAWRENCE ATTERBURY,

Notary Public, N. Y. Co.

In the Circuit Court of the United States for the Southern District of New York.

HENRY W. DOOLEY, LOUIS G. SMITH, and CHARLES W. OGDEN, Trading as Copartners under the Firm Name of Dooley, Smith & Company,

against

THE UNITED STATES OF AMERICA.

STATE OF NEW YORK,

} 88:

.

Southern District of New York, County of New York, S Henry M. Ward, being duly sworn, deposes and says: I am the attorney for the plaintiffs in this action. On the 19th day of October, 1900, I personally filed the original petition and complaint in this action in the office of the clerk of this court, pursuant to section 5, of the act of March 3, 1887, and I thereupon, and on the 19th day of October, 1900, served a copy of said petition and complaint upon the district attorney of the United States for the southern district of New York, as more fully appears by the admission of service, a copy of which is hereunto annexed.

HENRY M. WARD.

Sworn to before me this 19th day of October, 1900.

[SEAL.]

JOHN DAVIS,

Notary Public (11), N. Y. Co.

In the Circuit Court of the United States for the Southern District of

New York.

HENRY W. DOOLEY, LOUIS G. SMITH, and CHARLES W. OGDEN, Trading as Copartners under the Firm Name of Dooley, Smith & Company,

against

THE UNITED STATES OF AMERICA.

STATE OF NEW YORK,

Southern District of New York, County of New York, S

88:

John David Lannon, being duly sworn, deposes and says: I am an attorney and counsellor at law, a practitioner in this court, and an associate of the attorney for the plaintiffs in this action. On the 19th day of October, 1900, I mailed a copy of the above petition and complaint by registered letter enclosed in a securely closed postpaid wrapper, addressed to the "Hon. John W. Griggs, United States Attorney General, Washington, D. C.," and personally deposited the same in general post-office in the city of New York, within the southern district of New York.

JOHN DAVID LANNON.

Sworn to before me this 19th day of October, 1900.

[SEAL.]

JOHN DAVIS,

Notary Public (11), N. Y. Co.

Endorsed: U, S. circuit court. Filed Oct. 20, 1900. John A. Shields, clerk,