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with called for

a

Containing all the Land of a poplanent and General Nature enacted
by the secoreland
and if the

of

ixte Sons of the Sixty-first Congress

WITH

oplemental Notes continuing the Annotation in the prior volumes

Roggente

publishers

COMPILED UNDER THE EDITORIAL SUPERVISION OF

WILLIAM M. MCKINNEY

VOL. II

EDWARD THOMPSON COMPANY
NORTHPORT, LONG ISLAND, NEW YORK

1912

FEDERAL STATUTES, ANNOTATED.

SUPPLEMENT.

CUBA.

Vol. II, p. 362.

Cuba, under the military governor, a foreign country. — In U. S. v. Assia, (1902) 118 Fed. 915, it was held that Cuba, under the military governor, was a foreign country, so

that one committing a crime on a vessel regis. tered at a Cuban port was not subject to trial therefor in the courts of the United States.

Vol. II, p. 364, cl. IV.

Abolition of private franchise. — In O'Reilly de Camara v. Brooke, (1908) 209 '. S. 45, 28 S. Ct. 439, 52 U. S. (L. ed.) 676, affirming (1906) 142 Fed. 858, it appeared that the defendant, while governor of Cuba during its occupation by the United States, abolished a valuable franchise owned by plaintiff, who was a Spanish subject. On appeal the secretary of war of the United States confirmed the governor's order. Subsequently, by the so-called “Platt Amendment,” incorporated in the treaty between the United States and the republic of Cuba, it was provided that

“all acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.” It was held that such ratification was equivalent to an original authorization of defendant by the United States government to make the order in question and exempted defendant from any personal liability to plaintiff for depriving her of her property right in the franchise, and transferred such liability, if any, to the United States, or to the government of Cuba.

Vol. II, p. 364, cl. VI.

In Pearcy 1. Stranahan, (1907) 205 U. S. never taken possession of such island as in. 257, 27 S. Ct. 545, 51 U. S. (L. ed.) 793, it cluded in the territory ceded by Spain to the was held that the Isle of Pines must be re- United States in the treaty of peace, but, ingarded as at least de facto under the juris. stead, through its legislative and executive diction of the Republic of Cuba, and hence, departments, has recognized the Cuban govas a “foreign country” within the meaning ernment as rightfully exercising sovereignty of the Dingley Tariff Act of July 24, 1897 over the Isle of Pines as a de facto govern(30 Stat. 151, ch. 11, 2

Fed. Stat. ment until the de jure status shall be de. Annot. 391), since the United States has termined.