402
notwithstanding, as good as could be desired; none of the epidemies usual about this time of the season have troub ́ed the inhabita's, nor even a single case of plague, for which this port had become famous-or infamous.
LADE.
The trade of the port has never been so dull as since the be inning of the year, expec ally in exports. I shall ca tainly not be surprised if the Customs Statistics show a decrease of some Tls. 10,000 for the first quarter of this year compared with the same period of any previous
year.
+
MANILA.
FROM OUR CORRESPONDENT.]
Manila, P.I.. 11th May.
THE COMING REVENUE LAW.
are
there
more
THE HONGKONG WEEKLY PRESS AND
administration is the most expensive the Phi-, lippines has yet had to support, but I am not with those who believe that stagnated industry and depressed business is the present state of affairs. During nearly six years of American occupation I can only recall two failures of business firms: both were speculative concerns ; one endeavoured to corner the local hemp market, and the other to obtain control of the principal businesses by a system of promotion with a view to unloading them on the advent of a post bellum boom. Hitherto business, in the general use of the word, has sustained little or no taxation, and if industry was stagnated by the war it is now livening up right along. But without going into the matter the Customs receipts and consular reports show that on the one hand imports have increased since the establishment of American rule, and on the other that there has been no serious falling off
of exports. As regards the cost of administration, while
bureaus and undoubtedly more officials with higher salaries, the annual appro- priations and expenditures clearly show that more revenne is being spent for the people than ever in their history. With new com- munications being continually opened up in the provinces and the gradual picking up of agriculture the prospect is indeed hopeful and favourable rather than otherwise to standing the new taxation. The petition in question, by the way. has not been made public, but I am informed of its principal terms by one of the committee. It claims that the law as drafted is too similar to that in force in the United States and has not been sufficiently fitted to local conditions. One thing is quite clear, which is that the proposed bill does not affect the producing or labouring class, which make up the bulk of the population. It is easily admitted that the industry of the Islands is agricultural, and it has been affirmed by every class that they need most the development of their rich aricultural resources. The bill specifically exempts persons whose manufactures consist solely in harvesting and getting in proper condition
What the ultimate form of the proposed new for revenue law will be when it comes up passage it is hard to conjecture, but that there will be some modifications it is safe to assume in view of the strong protests that have been entered from every interested quarter. Never- theless the Insular Government has undoubtedly determined upon the legislation of the measure in project in one form or another, as indicated by the tone of official expressions. Interest in the bill is paramount here, affecting as it does local commerce, industries, business, manufac- tures, occupations, corporations, banking, con- cessions, and forest and mineral products. It has bee pending for a matter of three years, but although under constant consideration by the legislative body has been apparently lost sight of by the public. The b ll was introduced for public discussion last month, and brought to the floor of the Session Room an array of protestants representing all of the chief interests involved. Owing to want of time, being on the eve of departure for the summer capital in Benguet, and the long list of claimants for a hearing, the Commission set a period for the filing of written protests, to be fully considered in due eason This period elapsed yesterday, and was marked by the submittal to the Government of the most considerable objection yet offered, in
the form of a voluminous petition against the measure in its present form from a committee composed of the presidents of the five Chambers of Commerce.
Of course it is to be expected that any new form of taxation should arouse vigorous opposi- tion from many quarters. Proposed taxation is very rarely without an accompanying storm of opposition. While in the present case the Government, in the person of its Finance Secretary, has virtually promised that the new taxation shall ultimately supplant the present source of revenue, which is derived almost altogether from the Customs imposts, the classes concerned do not seem to see any early prospect of such substitution, and to regard the outlook as rather for increased taxes. The Government, indeed, has declared that the necessity for increased revenue is clearly ap- parent, and there is no question that the necessity exists.
.
There are many sides to such a matter. The Government proposes to pave the way to removing the heavy duties on imported goods, which are mainly the necessaries of a civilised existence, and thus reduce the excessive cost of living. To this there is the question of how much the native population, to whom the Government is declaredly dedicated, will benefit from the change. Some hold that the American and foreign communities will be the chief gainers; others that the Filipinos will profit most. It is true, however, that every stitch of clothing (however much that may be), excepting head and foot-wear, that the Filipino wears is imported to the Islands, and, on the other hand, the major portion of American subsistence comes to their tables through the Custom House. Then, the Government proposes to tax luxuries, the productions of capital, financial enterprises, corporations, businesses, manufac- tures, etc., and to this the objection is raised that capital will be discouraged and labour and commercial development materially suffer in
consequence.
One of the terms of the Commerce Chambers' joint petition is that the rates are excessive and that the condition of the country will not stand them. It is probably true that the present
1
own use
for their
or for sale the products of their own," and it is plain that it is intended that the financial concerns, commercial plants, manu- facturers and corporations -in other words those who reap the greatest profits from their enterprises shall render their full share of financial support to the Government. Misinter- pretation of this purpose may have given rise to the assertion from some quarters of a belief that the Government is aiming at some of the larger concerns, which is of course absurd.
[May 30, 1904.
fied form might be acceptable, but it is not sup posed by those best informed that any radical change will be made in it. The Commission has given its assurance that every protest will receive careful consideration and just treat- ment at its hands, yet it unquestionably regards the opposition as that of each special interest seeking to protect itself. Its result in eventual- ly replacing the import duties will surely be watched with interest by foreign exporters to the Philippines, and the local population will similarly watch the result in prices.
Manila, P.I., 18th May.
THE GOMEZ CASE.
The acquittal of Dr. Dominador Gomez and Buenaventura Kabalza created somewhat of a surprise here, although those who have followed the case closely and studied it from a legal stand- point assert that it was only to be expected. Such a mass of evidence, all of a strongly prejudicial character, has been introduced during the wearisome thrashing out of testimony, that the ordinary newspaper-reading publio had come to take it for granted that conviction must follow. While the evidence of the prosecution leaves little room to doubt that Dr. Gomez was in opposition to the Government, in this particular case it seems that it did not sustain the special character of the charge. As the decision of Judge Ambler explains, the evidence on the count of conspiring to raise a rebellion and that of treason, though insufficient, was enough to demand his censure. Judge Ambler ruled that there was not enough evidence to convict the accused of conspiring to raise a rebellion. and that treason against the United States consists only of levying war against them, adhering to their enemies, or giving aid or comfort to them. The decision points ont that insurrection and rebellion are synonymous. and that both are treason. It follows, therefore, that if the former offence had been proved the latter would have been established.
This finding would indicate that there is a flaw in the local law, inasmuch as it is commonly admitted that it was framed to cover such cases as that of Dr. Gomez. According to Judge Ambler that part of the Constitution of the United States providing against the crime of treason is in effect in the Philippines, in that the term "treason against the United States"
means
treason, etc." wherever committed. There can be little doubt that the Insular law on the subject, while based on the Constitution. was intended to be more specific in its definition of the crime in order to suit the peculiar local conditions, but in the light of the recent finding of the Court it apparently fails to go any farther than the parent law.
The protests are mainly from special interests that will be affected by the bill, such as With reference to the handling of the case, manufacturers of tobacco, cigars, liquors, beer, while it has been under the direction of the matches, etc., and particularly corporations. Prosecuting Attorney, most of the actual court This last element of opposition claims that the work has been done by his two Assistant Pro- law will give the Government too much in-secutors. These gentlemen are both young men. quisitorial power; that is to say, that it will in years as well as in their profession, so that it be enabled to probe too much into the workings is vastly to the credit of their professional talent of the corporations, which it maintains is that they occupy such high positions. It is not unjust and improper. This I am not prepared at all derogatory to them, however, to say that to discuss, except to say that the American in the Gomez case they have had to face two popular spirit has always been in favour of liberal very experienced and clever legal opponents daylight on the methods and operations of in- who have made the most of their opportunities. corporated concerns of extensive money-making Mr. Kincaid, the senior counsel for the defence, capability-a matter that has caused consider has been on the bench many years in his own able political agitation in the home country. State, Texas, and has served a term on the Insular Bench. Yet in spite of this difficult opposition they handled a complicated case with great credit in the privately expressed opinion of several members of the judiciary. The only comment seems to be contained in the reference made by Judge Ambler in his decision to the great mass of valueless testimony that was in- troduced by the prosecution. The opinion rules that had the more salient evidence been sifted before it came to court it might have admitted a more definite line of proof.
There is one apparent oversight in the bill. It is that no provision is made for the taxation, out of bond, of articles of luxury imported to compete with local productions, such as cigarettes and civars, as is provided in the corresponding law of the United States. This is bound to place local products at a serious disadvantage,
The enormous tao, or peasant class, which is a heavy consumer of cigarettes, will virtually pay the cigarette-tax, since cigarettes for export are exempt, and this, it is thought, will work a hardship on a class which should be most pro- This is the second case in which Dr. Gomez tected. Smoking can scarcely be called a luxury has been tried. The first resulted in his con- with the native. In a country that is rich in viction of conducting an illegal association in tobacco-production he is an inveterate smoker the Union Obrera. That has been appealed, as from childhood, in the literal sense of the also has this bean appealed by the Government word, and it is almost a natural part of under an old Spanish law still in force,.so that his existence. Nevertheless, this will be a neither cases can be said to be concluded. slight burden in proportion, inasmuch as with There are still three more cases against this the annual two peso personal tax it will be the same man to be heard. One is misappropriation only imposition on the working class.
of funds (those of the Union); another is bando- The petition of the allied Chambers of Com-lerismo, which involves the aid said to have been merce suggests that the proposed bill in a modi- given by Gomez to various bands of outlaws and
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