WAR DEPARTMENT, Washington, October 30, 1901. DEAR SIR: Your reports upon the various questions of law arising during the military occupation of the islands ceded or yielded by Spain under the treaty of Paris, have been of such value to me in deciding the questions treated that I have determined to have them printed for the use of the officers concerned in the government of the islands. Will you please to prepare them for publication as soon as may be convenient? Very truly yours, Hon. CHARLES E. MAGOON, ELIHU ROOT, Secretary of War. Law Officer, Division of Insular Affairs, 3 ΝΟΤΕ. In order to prevent misunderstanding, attention is directed to the fact that the reports of the law officer of the Division of Insular Affairs are not judicial decisions. The authority to declare the determination of the War Department as to the questions discussed in said reports is retained and exercised by the Secretary of War. ` These reports were prepared for his use and information in arriving at such determination and are now published by his direction. The writer sincerely hopes the publication may be of service to the constantly increasing number of persons whose interest is awakened or whose rights are involved in the propositions discussed. CHARLES E. MAGOON, Law Officer, Division of Insular Affairs, 4 TABLE OF CONTENTS. Page The powers, functions, and duties of the military governments maintained by the United States in the islands lately ceded and relinquished by the Gov- Legal status of the territory and inhabitants of the islands acquired by the United States during the war with Spain, considered with reference to the territorial boundaries, the Constitution, and laws of the United States.......... Incidents in the history of the United States involving the doctrine that the Constitution and laws of the United States extend, ex proprio vigore, over newly acquired territory, upon the acquisition being completed The charge of "imperialism" preferred against President Jefferson..... The debate on the bill providing a temporary civil government for the The debate in the Senate of the United States in 1849, led by Webster and Calhoun, on the propositions involved in the two questions-- 1. Do the Constitution and the body of laws of the United States, er proprio vigore, extend over territory newly acquired by the United 2. Can the Constitution be extended over territory newly acquired by the United States, either ex proprio vigore or by act of Congress, ae creation of a State in said territory by authorized action The proceedings in Congress during the passage of the bill providing for the payment of the purchase price of Alaska, wherein the House required the Senate and Executive to recognize and respect the right of the House to participate in the determination of the question, whether or not a cession of foreign territory to the United States shall be assented to by the sovereign people of the United States.... The position taken by the legislative and executive branches of this Gov- ernment respecting territory outside of the States of the Union and the relation sustained by such territory to the tariff laws and statutes of simi- Comparison of the constitutional requirements for uniform tariff laws with the requirements as to uniform laws on internal revenue and direct taxes. Report on the right of Spain to accept a renewal of allegiance to it by indi- vidual inhabitants of the territories acquired by the United States as a result of the Spanish-American war, and to reinstate such individuals in Spanish In re claim of the Manila Railway Company, Limited, for payment by the United States of interest on the capital invested in the railway owned and operated by said company, pursuant to guaranty of said interest by the Span- 5 Page. In .e petition of the Countess of Buena Vista for relief from a certain order of the Military Governor of Cuba, and the claim of Dr. Don Gustavo Gallet Duplessis for similar relief and indemnity.... The right of the government of the Philippine Islands, instituted by the President of the United States, to regulate commercial intercouse with the archipelago; and, as an incident to such regulation, to impose import and export duties Report on objections made by the representatives of the Hongkong and Shang- In re order of Major-General Otis requiring Smith, Bell & Co., a banking In the matter of transmitting over the telegraph lines operated by the military In the matter of complaint made by the owner of the British vessel, Will o' the Wisp, because of certain restrictions placed by the United States upon trade with the Sulu Islands, contrary, it is alleged, to the protocol of March 11, 1877, by the representatives of Great Britain, Germany, and Spain; also the demand of said owners for $10,000 for damages occasioned by the enforcement of said restrictions The protection by the government of civil affairs in Cuba and the Philippines of trade-marks registered prior to the treaty of Paris (1898) in the International Registry at the Bureau of the Union for the Protection of Industrial Property, Berne, Switzerland, under the international agreement concluded April 14, 1891, to which Spain was a party..... In re note of the imperial ambassador of Germany at this capital to the Secretary of State, complaining of the regulations and restrictions - koð with the inhabitants of the Sulu Islands, imposed by the military government of the Philippine Archipelago; also the correspondence between the United States consul-general at Singapore and the Imperial consul of Germany at that port, regarding the closing of the ports of the Sulu Archipelago to foreign commerce, by order of the commander of the United States military forces in the Philippine Islands 194 210 255 261 264 281 302 305 316 In re claims made against the United States by reason of the military operations, encampment of troops, conduct of soldiers, etc., in Porto Rico, Cuba, Hawaii, and the Philippines .. Mining claims and appurtenant privileges in Cuba, Porto Rico, and the Philippines... The right of municipalities in Cuba to grant permission to railroad companies to cross or occupy highways, streets, and property belonging to said municipalities, and the procedure to be followed in conferring such privilege................ Report on the draft of a proposed order of the military government authorizing the organization of railroad companies in Cuba and the construction, maintenance, and operation of railroads in that island.............. In the matter of an inquiry from the State Department regarding the claim of Merryweather & Sons, London, England, for damages occasioned by the refusal of the city of Manila to permit the further execution of an alleged contract for supplying certain fire apparatus... 338 351 374 391 407 Page. The claim for $30,000 presented by the American Mail Steamship Company The salary of the governor-general of Cuba and its payment out of the revenues The statute prohibiting officers of the Army from holding civil offices.............. Application of the purchasers of the San Juan and Rio Piedras Tramway for confirmation of sale and transfer of concession, and for certain privileges desired upon completion of transfer.. 414 422 431 432 In the matter of annulling the alleged title to the island of Caja de Muertos and the phosphate deposits therein, granted by General Henry to Miguel Porrata Doria in 1899.. 448 In re contract with Woolf et al. regarding the manufacture and use of electrozone for public purposes in Habana, Cuba .......... 451 In the matter of the claim of Antonio Alvarez Nava y Lobo for the sum of 454 1. Do the municipalities of Porto Rico, under the conditions now existing 2. What method or procedure must be followed in exercising said right.. In re granting municipal franchises by the municipalities of Porto Rico ............. In the matter of the application of Fermin y Sagardia, an inhabitant of Porto Rico, for compensation for damages occasioned by his property being stolen, injured, and destroyed by robbers infesting the locality of his residence.......... In the matter of the administration of the estate of Ramon Marti y Buguet, a native of Tarragona, Spain, who died at Beaz, Santa Clara, without leaving a will In re estate of Jacob Dubuque, deceased, and the administration thereof by In the matter of the application of the board of harbor works of Ponce, P. R., In re application to the President, of Juan B. Calero, to set aside and annul certain judgments rendered by the courts of Cuba prior to American occupation of the island...... Report on the application to the Secretary of War, made by Antonio Diaz Herrera, an inhabitant of Cuba, requesting the Secretary of War to annul the final decree of the judge of San Antonio de los Baños made May 25, 1897... In the matter of the application of Frank H. Griswold, Charles Bigelow, Herbert S. Griswold, and Joseph J. McNally, for articles of incorporation creating a corporation under and by virtue of the laws of Porto Rico; if such corporation can not be created under the laws of Porto Rico, as existing, then said applicants desire to become incorporated as a Porto Rico corporation under and by virtue of the Federal authority of the United States..... 457 457 463 471 473 478 482 484 486 487 490 |