1913-08-18 — Page 7

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SUCCEEDS ON THE PLEA OF "BES JUDICATA,

Mr. F. A. Hazeland, the First Magis trate, delivered his decision on Saturday. in the case in which the Government of the Philippine Islands, sought 니다 extradition of Vicente Sotto, the editor of the Philippine Republic, to the Philip pines, alleging that he harl been convicted of the crime of abduction at Cobu

The following is the full text of the judgment :-

The defendant, Vicente Sotto, EÀង់. charged before me under the Extra- dition Act 1870 of being convicted of the commission of the crime of abduc

【THE SAME TO-DAY AS IN tion at Cebu in the Philippine Islanda

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within the jurisdiction of the United States of America. Mr. Hodgson, Crown Solicitor, appeared for the prosecution and Mr. Brutton for the defence. At the conclusion of the case for the prosecution Mr. Brutton, solicitor for the defendant, applied for The discharge of the defendant 01 the grounds that the Crown had cot made out the it case against, the defendant. The first ground alleged was that the prosecution, hnd not proved that the Philippine Islands were n constituent part of the United States. The second point was that the documents were not properly authenticated. The third was that there was um evideure of an extraditable_crime, and the fourth was that under Section

Philippines have no voice in the Govern part of the United States and that they 6 of the bows Cormes Act the matter

ment of the United States except that

are also within the territorial jurisdic- was res judienta. The fifth point was

they have two delegates in the Congress tion, of the United States. that the Orders in Council have not been

I am of of the United States, and there are other opinion that it is not necessary for the proved. This last point was afterwards

disabilities applying to such territory, but prosecution to abandoned by the defence. I should here

prove more than this. with these limitations they are a part of Evidence was put forward by the defence mention that the present defendant was

the United States. Mr. Anderson also respecting the question of citizenship, charged in April, 1912. with respect to which was claimed by the States. By the Islands the provisions of the Revised dence in the Police Court (in the former treaties and the construction to be placed gave evidence as follows:-"I gave esiraturalization, the wording of certain extradition proceedings. The offence, constitution the Congress was given power Statutes with respect to estradition between proceedings) that which was that of abduction, was exactly to regulate and

govern the territory the United States a foreign countries, Islands was not a Colony nor dependency, regard to my views as to the construction the same as the present charge. The and other property of the United States and and it fellows that the provision of Article but that it was a constituent part of the to be placed on the Act, I am of opinion

Philippine thereon and other questions.

Having Magistrate (Mr. E. A. Irving) made au also the power to declare war. The trenty of the Constitution, respecting the United States of Amerion for Extradi that these questions are not relevant to order committing him. The defendant aking power was placed in the hands of force of treaties, are in rigour in was then brought up on a Writ of the Excentive subject to confirmation by the Philippines at least to the extent of extradi- when he used the words "constituent part with regard to Point is therefore

the tion purposes." Habeas Corpus and discharged by the Senate, which is the Tipper House of the tion. It would be seen from what I have of the inited States of Amerien was against the defendant.

Whether Mr. Anderson the issue before the Court. My decision Full Court: The case is reported in the Congress. By virtue of the powers which said that if by a citizer as a member referring to Section or not I am Hongkong Law Reports, Vol. VII., p. 139. have mentioned Congress has from time of a Civil State entitled to all the privileges unable to say.

I shall now deal with the second and I should now deal with the first point. time provided various forms of govern of such members the Filipinos are not meant was that the Philippine Islands the

It is obvious what he third points. The second point was that Mr. Brutton first referred me to Sectionment for the territory which 25 of the Act. Section 25 of the Act is as lived as well as for other territory which by the word citizen wo

have men-citizens of the United States. If, however, were an integral part of the territory of authenticated. and the third point was

documents

! Bot properly follows:-

had come into the possession of the United owning allegiance to a sovereign and con- my opinion that these wards constituent crime. These two points were taken mean a person the United States. I had already given there was no evidence of an extradition 25. For the purpose of this Act, orety Staten by treaty or by the voluntary offer versely entitled to the protection of that part of the United States refer as together, Mr. Brutton admitted that if colony, dependency, and constituent part of of the inhabitants of such territory. The sovereign they are citizens. a formign State, and every vessel of that instances of this are sufficiently numerous further that if by the words "incorporatas cics and to foreign dependencies alone., Icated there was on the face of such

It follows

regards Section 25 to foreign denenden the documents were properly authenti | State, skall (except where expressly to have established a customary rule of into the United States

mentioned as distinct in this Act) he practice with regard to the treatment of deemed to be within the jurisdiction of and such territory. The case of Florida, which given the datus of a sovereign State and

been taken into the sisterhood of States and of the judgment of Sir Francis Piggott made out against the defendant with we mean having would at this stage refer to a portion documents n sufficicut prima facie case to be part of such foreign Sinte.

was instaner in the cross-examination of member of a union the Philippine Islands distant Island might be so incorporated crime of abduction is one of the crimes

on page 143. It is conceivable that Д Mr. Brutton then stated "The Philip: Mr. Anderson, furnishes an early example have not been so incorporated. If, however,

respect to the crime of abduction. The pine Islands 2xC

Prof the practies which has obtained ever the words can taken under the sovereignty tory of the United States: it is equally and is also one of the crimes to be found not a Colony

as to form an integral part of the terriet ont in the first schedule to the Act dependency, therefore the prosecution sinen. In that case, after the cession by of the United States, receiving by right the conceivable that it should be treated as- must prove that the Philippine Islands Spain the President succeeded the King of protection of the United States, and having a separate country altogether under the in the Extradition Convention signed at are a constituent part of the United Spain the source of guvernment Hati & local and practically statomans form of Sovereignty of the United States: some Washingtou on the 12th July, 1899. The States."

such time as Congress should exercise its Government granted by the United States,thing that is quite different from a documents put in were Exhibits S and 3. Mr. Anderson, Consul General of the constitutional function United States, had given evidence to the Government

of providing a then they have been so incorporated.". uf its OR' devising effect that the Philippine Islands were in necordance with the United States evidence given by Consal-General Ander the Criminal Law of England." in Vol. to 37. Document 2 is a requisition by I also propose to refer to the following Mr. Justice Stephens in his "History of consisted of 8 documents and were marked Colony as we understand it." The late Exhibit was the requisition, Exhibit a neither a dependency nor a Colony. The Constitution aud the Treaty- question which I have to decide is what in that ense provided that the inhabitants June, 1013

which won on cross-examination on the 16th II. page 67, refers to the Extradition the Consul-General of the United States is the construction to be placed on should he admitted to the privilege of

Act of 1870 as follows: Section 25 of the Act, and also what is citizens of the United States. I would any incorporating the Philippine Islands into It nowhere enacts in terms that the persons to the Philippine Islands. Documents 3

Q-Has there been any Act of Congress;

in Hongkong upon the Honekane Govern- The Act of 1970 3 singularly ill arranged ment for the Extradition of the defendant its scope and object. I am of opinion that the Treaty with Spain ceding Florin the United States? that the words Colony, dependency and was in 1819. The President continued to be

charged with certain offences may be surare a copy of a record of eonviction of constituent part of a Foreign State" the source of government in that territory Philippines & general status other than of the Act, is effected in the following round Exhibit a purports to be a cuny of the A-There has been no Act giving the rendered. This, which is the leading abject the defendant and order of arrest refer to dependencies and to dependencies until, in 1821 Congress passed an Act that of an anorganised territory except about way. Section & enncts that where adgment of conviction of the defendant. aleno and do not refer in any way to the authorising the President among other! parent Foreign State. If you look at the things to take possession of and occupy the certain Acts which extend certain laws this Act "pplies in the case of any foreig of the crime of abduction in her out Inst line of the section wo find these territories

East and West Florida and States to the Philippine Islands.

relating to the organized territories and State, everyFugitive Criminal of that First Tastance for the Eleventh words "to be part of such Foreign providing further that until the end of the

State who is in England shall be liable to 208 State. If the words constituent part first session of the next Congress unless Has there been any Act of Congress he apprehended and surrendered:" Section District of the Philipine Eslauris at Cebu of a Foreign State" referred toe provision therefor should sooner definitely making the Philippine Islands 20 defines a “fugitive criminal" to mean on the 21st December, 2006. Exhibit 34 parent Foreign State it would not he made by Congress, all the military civit and a part of the United States?

a person necused of an extradition crime." purports to be a copy of the final indement deemed to be part of such Foreign judicial powers exercised by the officers of A.-There has, with certain limitations. An extradition crime" is defined by the of the Supreme Court of the Philippine State."

The scope and object of the the existing Government should he vested Q-What are those limitations?

sama section to mean a crime which, if com- | Islands in the sum crse. section is to make it quite clear that

Exhibit 3 in such persons and exercised in such manner- AThe Sovereignty of the United mitted! in England would be 2 erinearports to be a cour of the sentence of Foreign State includes dependencies., as the President should direct. (The Act

States is excrcised over territory which described in the firse schedule, and this (the said Supreme Court upon the swirl hast- Sir Francis Piggott in his work on Ex-of Congress with respect to Florida passed tradition refers to Section 25 in three in 1821 was put in as

has various relations to the Sovereignty. schedule states what the crimes ura, The named judgment given December 3rd, 1907. nu exhibit.) On Among the classes of territory covered by whom Act bas thus to be searched through Exhibit, a parts to be a certificate by places, on pages 164, 168 and 179 Pages March 30th. 1822, Congress passed the Act this Sovereignty are the States themselves before the meaning of its leading ensement the Chief Justics of the said Supreme 164 and 166 refer to that portion of establishing territorial Government in which have a direct voies in the Govern-an be ascertained, and that section intru Court under the seal of the said Court The first paragraph on page 179 is as the 17th Congress). Florida continued to Section 25 which relates to foreign ships. Florida, (chapter 13 of the first session of ment of themselves and of the territories duces the subject in the way of hint and over the signatnrs of the Chief

of the United States.

The Section (3) which says that in certain Justice of the said Court. follows:-

be a territory until 1845, when it was ad-

Exhibit 30 Another class are the organized terri- casts suspected persons are not to be sur- nurmorts to be a With regard to foreign colouies,mitted to the Union.

certificate by the THE above-mentioned Vossel having arrived, Section 25 provides that "every Colony, that has been the course pursued by the Government of the country as a whole down rather gives the first hint of the Tslands under the Great Seal of the Roughly speaking, tories which have no direct voice in the rendered precedes the Section (6) which lass Executive Secretary for the Philippine Consignous of Cargo are hereby notified dependency, and constituent part of United States with all its territorial aequisi- and have a limited voice in their own principle which determines when they are Philippine Islands and over the signature to send in their Bills of Lading for Counter- Foreign State" is to be deemed within|tions hitherto; that is, a temporary Govern Government, and a third class is that of to be surrendered. signature, and take immediate delivery of Cargo the jurisdiction of and to be part of such ment has been established in the first place, the unorganized territories which have cedes the rule.

The exception pre-of Frank W. Carpenter. Executive Score. Moreover, the Act is so from alongside. Cargo impeding discharge will Foreign State, except where expressly men which has continued for longer or shorter no voice in the Central Government and drawn that on a first reading it produces on tary of the Philionire lands. Exhibit bo landed immediately at Consignees' risk and tioned in the Act as distinet. It would periods until the people of the United States have a very limited voice (if any) in their the mind the impression that it is entirer purports to be an order of arrest issued seem, therefore, that in the case of a fugi have tentatively expressed a promise later own Government. Both classes of terri devoted to details of procedure. The most by the Jnder of the Court of First Cargo remaining undelivered on TUESDAY, tive from a foreign Colony to the United to admit to the Union by authorising a the 19th inst., at Noon, will be landed at Con-Kingdom, the requisition is to be made in territorial Government,

tories are governed directly or indirectly important provision of all is put in a Instavce for the district aforesaid for the During this first by the Congress of the United States. schedule. signees' risk and expense.

the usual manner by the diplomatic repre- period the territory is called for conveni Congress extends to these territories such

prehension of the defendant dated "Cargo remaining undelivered SATURDAY, Sentative of the Forsign State, and not the ence an unorganised territory, in distinc political powers and such laws of the Justice Stephens with respect to the con- Wislizenus. Judge of the mid district, and I propose to adopt the view of Mr. Janmry 17th. 1913, Nigmor by Adolph 23rd August, at Noox, will, in addition to colonial Governor. But where the fugitivetion from the regularly organised territories, United States as it wishes to extend.struction to be placed on the Act 1870. Inder the seal of the said Court Exhibit landing charges, be subject to storage charges. from a foreign Colony is in a British Colony which is the secand period of evolution into The full and absolute sovereignty over would also call attention to Section 2017. nurrorts to be referr by the Sheriff

No Firo Insurance whatever will be effected, there is an express distinction made by the Statelod. All chafod and otherwise damaged Cargo will Act. The section is so drafted that it seems acquired from Spain, first by military sovereignty is exercised all the way from definition

The Philippine Islands were these territories lies in Congress. Their of the Act with respect to the of the Province of Cebu unen the said be examined at the above Company's Godown doubtful whether the requisition could be occupation and finally by the Treaty of a Resolution directing the President of which

of "Fugitive Criminal,"

order of orrent sor to by the Sheriff on FRIDAY, 22nd August, at 10 AM,

made to the Secretary of State by the Paris. After the Treaty of Paris and until the United States to take possession of Fugitive. Criminal" means.

follows : ----The term the 17th day of January, 19:3. before the No Claims will be entertained unless accom, diplomatic representative in England, and by March 2nd, 1901, the satire of Government territory obtained by Treaty or other person acted or convicted of any Court Exhibit of pornorts to

any id Jude under the wal of the said panied by short delivery note or liat of exceptions | him. forwarded to the Governor of the in the Philippines was the President of the wise, to organizing sud territory with extradition crine committed within the certificate by the said Executive Secretary taken at the time of delivery to. Consignees | Colony,"

United States. On the list dito Congress full municipal powers representing all Jurisdiction of any Foreign State who is the Great Seal of the Philippine and signed for and on behalf of the Pacific Mo!] ̈ ̈ The marginal note to this paragraph is passed an Act by way of a proviso in un rights, privileges, intuities and powers in or is suspected of being in some part Falands and over the signature of the said S.8. Co.

Foreign Colonies,"

s, and Sir Francis Appropriation Bill, chapter 863 of the 5th guaranteed by the Constitution of the of His Majesty's dominion," All Claims must be filed on or before 16th Piggott makes it very clear that the words Congress, which is commonly known as the United States or by laws passed by Con- I world also call attention to Section Document 30 is not signed. It is a copy.. Carpenter as such. Executive Secretary. Sapt., otherwise they will not be recognised. in Section 95 "every Colony, dependency Spooner Amendment, providing that all mili- gress.

O, H. KITTËR,

In the case of the Philippines, 17 sub-Section 1 of the Act, which is as and constituent part of a Foreign State tury, civil and dieint powers necessary to the Islands were in the possession of the follows: The ruuisition for the sur. The Certificate to Exhibit is not signed, Acting Agent. reier to Foreign Colonies. I may men-govern the Philippines should until other Military Yurers of the United States at render of a Euritive Criminal who is in is cony showing that the original vas Hongkong, 16th August, 1913

tion Sir Francis Piggott does not wise provided by Congress he vested in such the time Spain ceded such territory to or suspected of being in British posses signed. There is no seal on 34, and 3 is mention Section in his judgment in persons and exercised in sucht manner as the United States, the Habeas Corpus proceedings. I now the President should direct. At this point governed by the Military Anthorities of British

The Islands were sion may be made to the Governor of that t signeil nor de it sealed. 3r is neither propose to refer to the evidence given at would call attention to the fact that while the United States and the Treaty of recognized by the Governor, as a Consul ments are signed and sealed. Exhibit

noksension by ANS person signed nor sealed. The rest of the docu- the trial. Mr. T. C. Welsh, Assistant the Treaty of Friendship of 1819 provided Cession merely confirmed the possession General. Comeni or Vice-Consul or if which is the certificate of the Chief Executive Secretary of the Philippine for the future admission to citizenship of which the United States already had, and the Fozitive Criminal has escaped from Justice, is ns follows: Islands, was called as a witness for the the inhabitants of Florida, the Treaty of powers which the United States was the Colony or dependenes of the Foreign prosecution, Mr. Welsh is also on Paris specifically left, the determination of already exercising. In an Act approved State on behalf of which the requisition

United States of Amerien, admitted Barrister of the Federal Court, the civil rights and political status of the 2nd March, 1000, the Congress of the is made) as the Governor of such Colony FROY SAN FRANCISCO VIA HONOLULU, His evidence as to the political status of antive inhabitants of the ceded territory to United States provided that all military or dependeney

Philippine Islands, JAPAN PORTS AND SHANGHAI the Philippine Islands in relation to the Congress.

City of Manila..” On July 1st, 1902, an Act was civil and judicial powers necessary to United States was as follows:

Mr. Anderson has given evilener to the 1. Cayetano S. Aralino, Chief Justice of approved temporarily to provide for the ad govern the Philippine Islands acquired effect that the Philippine Telunds ar above-numei Stemmer having

The United States 14

the Suprise Court of the Philippine Islandsi, Tarrived, Consiguses of Cargo are hershy Republic, originally consisting of thirteen ment in the Parlippine Islands and for 10th day of December, 1895, and at this case was therefore true, terfect correct and complete copies in Federal ministration of the affairs of Civil Govern by the Treaties concluded at Paris on the either a Colony or a dependency. The do herehe eartify that the foregoing sen notified to send in their Bills of Lading for individual States which bad won their other purposes tehapter 1209 of the first Washington on the 7th day of November, rightly made by him as a Consal-General English of the sentence by this Court of First countersignature, and to take immediate delivery independence and each of which WILS session of the 57th Congress), The Philip-1900, shall until otherwise provided by of Cargo from alongside.

sovereign and all at which at the time of the pines are still governed under the provisions Congress be rested in such person and

of the United States,

lastance of Cebu in the case of the United Cargo remaining undelivered on SATURDAY, adoption of the Constitution wors united in of that Act.

I would also call attention to Section | States r. Vicente Sotto of dl, for abduction. It was held with respect to shall be exercised in such manner as the 16th inst, et Nood, will be lauded at Cousignses a confederacy, the contral government of Florida and it was held with respect to the President of the United States shall X. of the Ashburton Treaty 1842, which is of the final judgment, and sanience of the risk and expense and defivery musttles be taken which operated only upon the States and Philippines that the provisions of the dircet for the establishment of Civil Govs follows" X. It is agreed that Her said defendnut in ami fy the Supreme Court, from Company's Godown.

nos upon the citizens. By the adoption of Constitution do act all of them of their own ernment No Fire Insurance whatever will be affected, the constitution a contral government was forco extend to nowly-acquired territory of

and for maintaining and Britannic Majesty and the United States Philippine Islands, on, appeal. and the ar their ministers, officers or authorities Court directing the excention of the said No Claims will be recognised after the Goods formed, to which the individual: States the United States, but that Congress has Protecting the inhabitants of the said shall unon mutual auisitions be them mandate, and order of the said Supreme have left the Stameror Godown, and all Goods yielded their attributes of sovereignty with

Islands in the free enjoyment of their

heir respectively made deliver up to Just sentence as shown by the resurds of the said power to oxtond such provision or liberty, property and religion, remaining undelivered on 23rd inst., ut 5 P.M., respect to foreign relations and to some provisione as it may see fit. Congress has time to time Congress has extended the all perwers who being charged with the Supreme Court in said criminal cause on will be subject to rent and innding charges. extent with respect to their relations with

crimes of murder or assault with intent All chafed and otherwise damaged Cargo to each other, each retaining its sovereignty among other things legislated as to the operation of various laws of the United to comsuit murder or piracy of erson or apped being cause. No. 3.774 on the docket

status of the inhabitants of the Philip States such as those for Extradition and be left on board or Godown, and examination of with respect to the regulation of its internal

pines

robbery or forgery or utterance of formed of said Supreme Court That said accused what is granting them same to be held on 27th inst, at 10.

By the constitution also

called Rendition of Foreign Criminals. wer Philippine citizenship and authorising the passed various acts for the Government napers committed within the iurisdiction Vicente Sotto has not filed any bond. For Government obtained full powers Philippine Legislature to provide for the of the Philippines such as that establish- of either shall seek aur asylon or shell undertaking in the Supreme Court of the and direct sovereignty over the citizens of naturalisation into Philippine citizenship; ing a system of customs duty in them he ford upon "the territories of the Philippine Islands to stay the execution of the several States. About the time that the it has extended to the Philippines most of Philippines. The absolute control of the constitution was adopted there was teded the provisions of the Bill of Rights and has Philippines is the Congress. There is no be adduced by the prosecution that I am satisfied on the evidener which by the several States to the United States extended other constitutional provisions. Sovereignty in the Philippines, outside a large amount of territory the title to By Exhibit 13 it extended to the Philippine of that of the United States..

The the Philippine Islands are an integral

NOTICES TO CONSIGNEES

NOTICE TO CONSIGNEES.

P.M. B.S. "MONGOLIA," FROM SAN FRANCISCO, JAPAN PORTS AND MANILA.

DIPHUSE.

TOYO KISEN KAISHA.

NOTICE TO CONSIGNEES.

8.3. NIPPON MARU”

30

All Claims must be filed on or before 30th inst., otherwise they will not be recognised.

8. MORIMOTO,

Agent Hongkong, 15th August, 1913. (978

affairs.

Federa

*

From

has

ая

Fas

the said santorce, and such spatence is in full force and effect..

(Continned on Page 6)