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Under section 20 of the customs administrative act as amended December 15,

1902 (32 Stat., 753) merchandise in bonded warehouse on which duties are paid and permits for delivery issued to the storekeeper is thereupon withdrawn from consumption and subject to rate of duty in force at that time; this is not affected by the fact that the merchandise may remain in the warehouse after such permit is issued and if directly exported the owner

will under section 2977 Revised Statutes, be entitled to drawbacks. Under section 20 of the customs administrative act merchandise in bonded ware

house is subject to the rate of duty in force at the time of withdrawal for

consumption and not to the rate in force at time of liquidation. Cuban sugar in bonded warehouse on which duty was paid and for which with

drawal permits were issued and delivered to the storekeeper prior to December 27, 1903, but which remained in the warehouse after that date were subject to full duty, and not entitled to the 20 per cent reduction

under the act of December 17, 1903, and the treaty with Cuba. Opinion by McKenna, J. No dissenting opinion. Judgment affirmed.

One of the questions raised in this case is similar to the question raised in United States v. American Sugar Refining Company (202 U. S., 563); that is, whether or not the treaty of December 11, 1902, with Cuba went into effect December 27, 1903. The court held that it did, following the decision in that case. Certain sugars were imported into Philadelphia from Cuba September 29, 1903, by appellant and placed in bonded warehouses after duties imposed under tariff act of July 24, 1897. Withdrawal permits were issued prior to December 27, 1903; but part of the sugar was not withdrawn until after that date, and the question arose as to whether the sugar which remained in the warehouse after that date was entitled to the 20 per cent reduction under the act of December 17, 1903, and the treaty with Cuba, or whether subject to full duty. The Supreme Court held it was subject to full duty.

This case_was argued simultaneously with United States v. American Sugar Refining Company.

Supreme Court of the United States.

FRANCISCO DONES, APPELLANT, V. JOSE URRUTIA, WARDEN OP THE

PENITENTIARY OF PORTO RICO, APPELLEE.
Appeal from the supreme court of Porto Rico.

(202 U. S., 614.)

No. 685. October term, 1905. Submitted May 14, 1906. Decided May 28, 1906.

Dones appealed from a final order of the supreme court of Porto Rico dismissing a writ of habeas corpus. The writ had been issued by order of the chief justice and was directed to Jose Urrutia, warden of the penitentiary at San Juan, who held Dones in custody under a death warrant issued by the district court of Humacao, P. R. A hearing, upon the return to the writ, was had before the supreme court of Porto Rico in banc. After hearing, the writ was dismissed, and Dones then appealed to the Supreme Court of the United States.

No opinion was written in this case. The final order was affirmed with costs; authority of act of April 12, 1900 (31 Stat. 77, c. 191,

3449—07–

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secs. 33, 34, 35, 15); Ortega v. Lara, 202 U. S. 339; Perez v. Fernandez, 202 U. S. 80; etc., etc.

Decisions on rehearing in the cases of Lincoln v. United States and Warner, Barnes & Co., Ltd., v. United States were also rendered at this term (October, 1905) of the court.

Per Curiam. Final order affirmed.

Supreme Court of the United States.

FRED C. FISHER AND CHARLES C. Cohn, ON BEHALF OF FELIX BARCE

LON, PLAINTIFFS IN ERROR, v. Col. David J. BAKER, JR., AND CAPT. JOHN DOE THOMPSON.

Error to the supreme court of the Philippine Islands.

(203 U. S., 174.)

No. 214.

October Term, 1906. Argued October 9, 10.

1906.

Decided December 3,

SYLLABUS.

When an application on habeas corpus is denied because the writ had been sus

pended, and thereafter, and before appeal taken is allowed, the suspension is revoked, the question of power of the authorities to suspend the writ

becomes a moot one not calling for determination by this court. A proceeding in habeas corpus is a civil and not a criminal proceeding, and as

final orders of circuit or district courts of the United States in such a proceeding can only be reviewed in this court by appeal, under $ 10 of the act of July 1, 1902, 32 Stat., 1369, a final order of the supreme court of the Philippine Islands in habeas corpus is governed by the same rules and can

only be reviewed by appeal, and not by writ of error. Opinion by Fuller, C. J. No dissenting opinion. Writ of error dismissed for want of jurisdiction.

The petition by Fisher, as next friend on behalf of one Barcelon, for a writ of habeas corpus was denied because the writ had been suspended by the Philippine Commission on January 31, 1905, in Cavite and Batangas on account of the insurrection of ladrones; a writ of error was allowed by this court on January 3, 1906, but prior to that and on October 19, 1905, the suspension of the writ had been revoked, the occasion for the suspension thereof having ceased. The only question argued in the Supreme Court of the United States, and in the court below, was the power of the Philippine Commission to suspend the writ; and the reinstatement of the writ having wiped out the basis of the decision sought to be reviewed, the only question argued became a moot one, not calling for determination by the Supreme Court of the United States.

That court also held that a final order of the supreme court of the Philippine Islands in habeas corpus can only be reviewed by appeal, and not, as was sought in this case, by writ of error.

Questions involving the power of Congress to delegate the suspension of the writ of habeas corpus to the Philippine Islands Commission, and if so, whether the power was properly exercised in this case, were involved and discussed in the brief and by the court below, but were not decided by the Supreme Court or discussed in the opinion.

INDEX.

Page.
ACCOUNTING OFFICERS OF THE TREASURY: Appropriation for paying claims
certified by

80, 82, 117
ADJUTANT-GENERAL'S DEPARTMENT, ARMY:
Appropriation for pay of officers..

52
Merged in Military Secretary's Department-

52
ADJUTANT-GENERAL'S OFFICE, WAR DEPARTMENT: Merged in Military Sec-
retary's office

52
AGRICULTURAL DEPARTMENT :
Appropriation for-
Bureau of Chemistry.

224
Bureau of Soils_-

218, 225
Experiment stations

218, 225
Weather Bureau--

217, 218, 224
Forest reserves transferred to..

31
Surveying, locating, etc., excepted.--

31
AGRICULTURAL EXPERIMENT STATIONS :
Appropriation for expenses; publications, etc.

218, 225
For Alaska.

218
For Hawaii_

218, 225
For Porto Rico

218, 225
ALASKA:
Agricultural experiment stations -

218, 227
Limit of cost of maintenance.

218, 225
Live stoek, purchase and introduction of

225
Sale of products.

218, 225
“Alaska fund”.
Appropriation from treasury of_-

39
Receipts from licenses outside of towns, to constitute_-

Disposition of_---
Alaska Historical Library and Museum, all fees received by secretary
of Alaska to be used for..

45
Appropriation for-
Agricultural experiment stations

218, 225
Alaska Commercial Company and others, payment to, for sup-
plies furnished destitute Alaskans_

1,2
Alaska Exploration Company and others, payment to, for sup-
plies furnished destitute Alaskans_-

1, 2
American seamen, shipwrecked in, for relief and protection of.- 215, 225
Attorneys, district of, salaries -

3, 32
Offices of, incidental expenses..

13, 42
Boundary between, and Canada, marking-

1, 42
Bringing home remains of civil employees, Army, who die in---- 63, 72
Clerks, district of, salaries.-

3, 32
Department of Justice, traveling expenses in (see also Depart-
ment of Justice) -

10
District court.-

44, 228
Eskimos, education of_

41
Exhibit at Lewis and Clark Exposition_

216
Fish hatcheries in, for establishment of

39, 40
Agents, for salaries of

12
Government in the district of..

3, 32, 43
Incidental and contingent expenses.

3, 32, 43
Governor of, salary.

3, 32

ALASKA-Continued.

Page.
Appropriation for—Continued.
Guertin, Frank, payment of Court of Claims judgment to.--.

83
Indians-
education of

41
transporting pupils to Carlisle, Pa., and Salem, Oreg--

10
Insane persons, care and custody of..

41
Judges and clerks, traveling expenses.

13, 42
Judges of district of, salaries.

3, 32
Lewis and Clark Exposition, exhibit at..

216
Mail transportation, difficult or emergency service in..

11, 35
Marshals and attorneys, offices of, incidental expenses.

13, 42
Marshals, district of, salaries.

3, 32
Military cable-
Sitka to Fort Liscum.

51
Valdez to Seward..

66
Military telegraph lines in, purchase of supplies, etc---
Military trail on Koyukuk River, from Yukon to Coldfoot, locat-
ing of

56, 73
Mineral resources of, investigation of, by Geological Survey - 2, 41
North American Transportation and Trading Company and

others, payment to, for supplies furnished destitute Alaskans.- 1,2
Officers and soldiers, Army, for bringing home the remains of,
who die in.

63, 72
Postal service-
Difficult or emergency mail service in---

35
Unusual business, third and fourth class offices, service in.. 35
Public lands, surveys, and resurveys, etc.-

12, 13, 40, 41
Reindeer stations, support of_

13, 41
Relief and protection of American seamen shipwrecked in.---- 215, 225
Saint George, island of, furnishing food to natives.-

12, 40
Saint Paul, island of, furnishing food to natives--

12, 40
Salmon fisheries, protection of -

2, 3, 12, 40
Seal fisheries

11, 12, 39, 40
Agents' salaries, etc--

12, 40
Protection of

11, 39
Sitka-
Repairs to barracks, Marine Corps.-

61, 71
Repairs to buildings and wharf at..

9, 11, 39, 43
Surveyor-General, office of—
And ex officio secretary of, salary.

3, 32
Clerks in

3, 32
Contingent expenses

3, 4, 9, 32, 43
Surveys and resurveys of coasts_-

220, 227
Travers, Michael, payment of Court of Claims judgment to guard-
ian of

83
Wagon road from Valdez to Fort Egbert, survey, etc.

56, 73
Attorneys, district of, appropriation for.-

3, 32
Boundary between, and Canada, appropriation for marking-

1, 42
Cable from Sitka to Fort Liscum, appropriation for

51
Cable from Valdez to Seward, appropriation for.--

66
Catalla Creek, bridge across, authorized (see also Union Pioneer
Mining and Trading Company)

22, 23
Chinese laborers, transit of, permitted in islands within the jurisdic-
tion of the district of..

219
Clerks, district of, appropriation for..

3, 32
Coal land locations; notice -

14
Actions by adverse claimants..

14, 15
Entries to shores of navigable waters not allowed.

14
General provisions applicable---

15
Patents to issue; price per acre.

11
Coldfoot, appropriation for locating trail on Koyukuk River from
Yukon to.

56, 73
Contract surgeons, Army, pay assignments, when on duty in --
Court, United States district, appropriation for miscellaneous ex-
penses

44, 228
Customs district, Juneau made port of entry-

ALASKA—Continued.

Page.
Department of Justice, appropriation for traveling expenses in----- 10
Enlisted men, Army-
Appropriation for 20 per cent increase on pay, service in -

54, 66
Credited with double time of service in--

54
Eskimos-
Education of, appropriation for-

41
Exempt from channel charges at mouth of Snake River-

36
Provision for educating children of_

30
Forest reserves in, cutting and removal of timber authorized.

33, 34
Fort Egbert, appropriation for survey, etc., road from Valdez to- 56, 73
Fort Liscum, military cable from Sitka, appropriation for.

51
Fur-seal fisheries, negotiations requested for revision of regulations,
etc.

23, 24
Geological Survey, appropriation for investigation of mineral re-
sources in.

2
Government in the district of, appropriation for incidental and con-
tingent expenses.-

3, 32, 43
Governor-
Appropriation for salary-

3, 32
To be superintendent of public instruction.-

27
Indians-

Appropriation for transporting pupils to Carlisle, Pa., and Salem,
Oreg

10
Education of, appropriation for-

41
Provision for educating children of..

30
Snake River, exempt from channel charges at mouth of..

36
Insane persons
Care and custody of, appropriation for.

41
Portion of “Alaska fund devoted to

25
Provisions for commitment and care of -

15, 30
Inspectors of hulls and boilers, steamboat-inspection service in the col-
lection district of..

34, 35
Assistants, and clerks authorized..

34, 35
Details, etc
Duties

Salaries
Salaries
Judges and clerks, traveling expenses, appropriation for

13, 42
Judges of the district of, appropriation for---

3, 32
Juneau, made port of entry in lieu of Sitka---

22
Koyukuk River, appropriation for locating trail from Yukon River to
Coldfoot on.-

56, 73
Lewis and Clark Exposition, buildings for, authorized

216
Allotment of space free of charge-

217
License receipts outside of towns to form “Alaska fund

25
Distribution-
Care of insane.

25
Schools_-

25
Roads, bridges, and trails.-

25
Life-Saving Service-
Station established at Nome.

33
Thirteenth district extended to.

33
Lunacy proceedings.

30
Care of insane..

30
Mail transportation in, appropriation for difficult or emergency
service

11, 35
Marshals and attorneys, offices of, appropriation for incidental ex-
penses

13, 42
Marshals, district of, appropriation for salaries.

3, 32
Military telegraph lines, appropriation for-

47
Mineral resources of, appropriation for investigation of, by Geolog-
ical Survey

2, 41
Naval stations in, sale of provisions to civil employees authorized.

00
Nome, life-saving station established at.
Officers, Army, appropriation for 10 per cent increase on pay, service

54, 5.7, 66

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