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such restriction as this exists in the mining laws of the United States, or, so far as we are advised, of any other country, and its practical effect is to prevent the development of the resources of the islands and the consequent increased prosperity of the people.

PUBLIC LANDS.

We also again wish to call attention to the desirability of repealing the limitations contained in section 15 of the act of Congress of July 15, 1902, which forbid the sale of any portion of the public domain to an individual in an amount exceeding 16 hectares and to any corporation or association of persons in an amount exceeding 1,024 hectares. Perhaps the greatest need existing at the present time is the introduction of capital properly directed in the development of the agricultural resources of the islands. The laying out of sugar and cocoanut plantations operated by up-to-date men with modern machinery would be of incalculable benefit to the people. As matters stand now their agricultural processes are crude, and, in the case of sugar, involve a waste of nearly half the saccharine matter. In the case of cocoanut planta- ' tions, modern mills for the expressing of the oil and other products of the cocoanut would be of equal value. It is idle, however, to expect business men with capital, however altruistic, to engage in these occupations merely for the education and profit of others. The motive which induced these restrictions was doubtless the fear that men of large means would buy up great tracts of land for exploitation and thereby prevent the native Filipinos from utilizing for their own benefit the public domain. Such a purpose is undoubtedly most commendable, but when it is understood that the present native population occupy only a very small proportion of the lands of the islands, and that there are now many millions of acres of unoccupied public lands which will probably so remain for all time unless offered to purchasers in larger blocks, it is believed that no reasonable ground for these fears, upon investigation, will be found to exist. Men who are thus given opportunity to engage in agriculture on an extensive scale, far from being a menace to the native population, become in truth their real benefactors, for they not only show them how to use their lands to the greatest advantage, but afford opportunity for labor at increased wages. We therefore submit that the amount of land which may be purchased by any person or corporation should be largely increased.

EXTRADITION LAWS.

The extradition laws of the United States are, so far as we are aware, applicable to all fugitives from justice from the Philippine Islands and also to those from foreign countries who take refuge

here. In the Revised Statutes of the United States which cover this subject it is provided that the demand for the extradition of a fugitive from territory of the United States must be made by the Secretary of State at Washington upon certification by a judge of one of the Federal courts or a duly authorized commissioner thereof, or a judge of a court of record of general jurisdiction of any State that the fugitive has committed a crime, a copy of the evidence taken at the hearing before the judge accompanying the certificate. A warrant may thereupon issue upon the requisition of the proper authorities of such foreign government for the surrender of such persons according to the stipulations of the treaty or convention had with the country. Here repeated cases have arisen where persons perpetrating crime in the islands have fled to one of the various ports on the Asiatic mainland. The civil governor has made requisition for these fugitives, which has heretofore always been honored by the authorities of the colony in which the fugitive has taken refuge. In Hongkong, in Shanghai, and the other treaty ports of China, and in Singapore and the Straits Settlements, the places to which these fugitives usually go, the proceedings are controlled generally by the rules of English law, and it is doubtful whether if a test case were made the fugitive would not be discharged on habeas corpus. It is also questionable, in the case of a fugitive from any of the various countries in the Orient who takes refuge in the Philippine Islands, whether the civil governor has the power to honor a requisition made on him by such foreign country or whether any judge in the Philippine Islands has authority to issue a warrant or make inquiry, although there may be treaties operative between it and the United States, which, if application were made to Washington, would insure extradition. It is to be remembered, moreover, that there are in the Philippines no Federal courts in the sense in which the term is used in the Revised Statutes, and hence the machinery provided in the Revised Statutes is wanting here.

RECOMMENDATIONS.

The Commission begs to renew the recommendations made by it in its last annual report, to wit:

First. Legislation which shall reduce the tariff on sugar and tobacco imported from the Philippine Islands to not more than 25 per cent of the present Dingley rates on tobacco and sugar imported from foreign countries.

Second. Legislation authorizing the Philippine Commission, with the approval of the President and the Secretary of War, to issue bonds from time to time, which shall not in the aggregate sum exceed $5,000,000, for the making of future permanent improvements.

Third. An amendment to section 66 of an act entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philip

pine Islands, and for other purposes," by which the consent of Congress to issue the bonds therein provided for may not be required.

Fourth. Legislation providing that all bonds authorized to be issued by the Philippine government or any provincial or municipal government thereof by act of Congress shall be made exempt not only from Federal and Philippine taxation, but from State, county, and municipal taxation in the United States. Fifth. That the control over the shipping in the trade between the islands shall be left wholly to the discretion of the Philippine Commission, subject to the approval of the President and the Secretary of War.

Sixth. That the application of the United States coastwise navigation laws to the trade between the Philippine Islands and the mainland of the United States be postponed by Congressional action until July 1, 1909; or, in the alternative that the coastwise laws of the United States be not made applicable to the trade between the islands and the mainland of the United States, except with a proviso or condition that the rates upon imports from the Philippine Islands into the United States shall not pay duty in excess of 25 per cent of the rates on such merchandise imposed by the Dingley tariff.

Seventh. That authority be given by Congressional act to the Philippire Commission, with the approval of the President and the Secretary of War, to encourage the investment of capital in the construction of railroads for the Philippine Islands by acccompanying the grants of franchises to build railroads, in cases where it is deemed necessary, with a guaranty by the Philippine government of income on the amount of the investment to be fixed in advance in the act of guaranty, the amount of income guaranteed not to exceed annually 4 per cent of the fixed principal.

Eighth. That the amount of land which may be acquired, owned, and used for agricultural purposes in the Philippines by any individual or corporation shall be extended to 25,000 acres.

Ninth. That the clause which forbids the filing of more than one mining claim by the same individual or association upon a lode or deposit be repealed.

Tenth. That the provisions of the Philippine act entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," which apply to mining claims and the procedure in filing them, shall be so amended that only the metric system of distances shall be used, and shall also be so amended that mining claims shall be filed whether properly executed according to law or not, the effect of their execution and record to be left to future adjudication.

The second, third, fourth, seventh, and tenth of these recommendations are embodied in a bill entitled "A bill to amend an act approved July first, nineteen hundred and two, entitled 'An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,' and to amend an act approved March eighth, nineteen hundred and two, entitled 'An act temporarily to provide revenue for the Philippine Islands, and for other purposes, and to amend an act approved March second, nineteen hundred and three, entitled 'An act to establish a standard of value and to provide for a coinage system in the Philippine Islands,' and to provide for the more efficient adminis tration of civil government in the Philippine Islands, and for other purposes."

In addition, the Commission has the honor to recommend that Congress be requested to enact legislation as follows:

First. Legislation authorizing the Philippine Commission to make reductions in the present and future tariff schedules whenever in its opinion to do so will be in the public interest.

Second. Legislation repealing that portion of section 2 of the act of Congress approved March 8, 1902, entitled "An act temporarily to provide revenue for the Philippine Islands, and for other purposes," which requires that all export duties upon articles exported from the islands into and consumed in the United States shall be refunded.

Third. Legislation providing proper machinery for the extradition from foreign countries of fugitives from justice in these islands and for the extradition from these islands of fugitives from justice in foreign countries who take refuge here. Respectfully submitted.

For

HENRY C. IDE,

DEAN C. WORCESTER,

T. H. PARDO DE Tavera,

BENITO LEGARDA,

JOSÉ R. DE LUZURIAGA,

JAMES F. SMITH,

W. CAMERON FORBES,

Commissioners.

LUKE E. WRIGHT, President.

The honorable the SECRETARY OF WAR,

Washington, D. C.

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