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that the tariff duties on goods imported from Porto Rico after the Foraker act and pursuant to its provisions were lawful, notwithstanding that clause of the Constitution which declares that "all duties, imposts, and excises shall be uniform throughout the United States." The reason given for this latter decision was that Porto Rico is not an integral part of the United States, but is national territory over which Congress has plenary powers under clause 2, section 3, article 4 of the Constitution, which reads: "Congress has power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." The "fourteen diamond ring" case has now been decided on the lines of the De Lima case. Fourteen diamond rings, which an American soldier named Pepke had brought home from the Philippines, were seized for nonpayment of tariff duties under the Dingley law, a proceeding that took its justification from the theory that the Philippines were not American territory. The Supreme

Court, however, held that as the treaty of cession had at that time been ratified, the Philippines were American territory. But in the second Dooley case an important step was taken beyond the action in the Downes case. It was decided that an act of Congress imposing tariffs upon goods imported into national territory from a State is valid. All these decisions, it may be remarked in passing, were made by the preponderance of a single vote. (See page 143.)

The existing Philippine revenue laws, then, have been declared illegal; and as to both the imports and exports of national territory, Congress has now full control. It has, therefore, proceeded to debate and action on the subject.

On the 4th of December Senator Lodge introduced a bill which provides for the application of the Dingley tariff to the Philippines, not merely to the extent of 15 per cent., as under the Foraker act it is applied to Porto Rico, but to the full extent of the duties scheduled. The same measure, under the name of the Payne bill, was

introduced in the House, and was adopted December 18, after a vigorous discussion of two days. On the 17th Mr. Payne introduced the debate by defending the general attitude of the Republican party toward the Philippines. Mr. Swanson, in response, asserted that the real object of the bill is to discriminate against producers and laborers in the Philippines in favor of our own. Mr. Thayer followed, laying stress on the fact that from the commercial standpoint the acquisition of the Philippines has been a losing venture. Mr. Grosvenor retorted that such arguments are sordid. On the 18th Mr. McCall, a Republican member from Massachusetts, gave his reasons for not voting with his party on this bill. He said, in part:

"I believe now, as I have always believed, that when our commissioners set their hands to the treaty annexing the Philippine Islands they inaugurated as fatuous a policy as any upon which a great nation ever embarked.

"It is said that it will give us commerce. Our trade with those islands appears today to have reached the magnificent proportions of the trade of a corner grocery; but if it should promise to bring to this country all the wealth of the Indies, I believe that our national honor demands that we shall now so shape our steps that we may return to the God of our fathers."

Mr. Dalzell concluded the debate for the Republicans. Among other things he said: "The impossibility of the assimilation of a Philippine with an American tariff is the first reason assigned by the Commission for the imposition of the duties that were put into their customs tariff. In levying taxes, regard must be had to the character, the conditions, the habits and customs of the people taxed. For three or four hundred years these people have been paying not only customs duties upon things that came into the islands, but export duties upon certain things that went out.

"They have no land tax; they are dependent mainly upon the custom house for the money necessary to run their govern

ment.

"I know of no better vindication of the wisdom of this bill than was made by the gentleman from Virginia [Mr. Swanson], ... when he complained that this bill gave an advantage to American producers in the Philippine markets and protected the American labor in our own markets against

the cheap labor of the Philippines. And I would not have you forget that every dollar realized under the provisions of this bill, whether in the Philippines or in the United States, is dedicated to the interest of Philippine advancement."

The final vote stood: Yeas, 166; nays, 128; answered "present," 3; and not voting, 58. About five-sixths of the Democratic membership, and two Republicans, McCalf and Littlefield, voted in the negative.

The full text of the bill is as follows: "An act temporarily to provide revenue for the Philippine Islands and for other purposes.

"Be it enacted, etc., that the provisions of an act entitled, 'An act to revise and amend the tariff laws of the Philippine Archipelago,' enacted by the United States Philippine commission on Sept. 17, 1901, shall be and remain in full force and effect.

"Section 2. That on and after the passage of this act there shall be levied, collected and paid upon all articles imported into the United States from the Philippine Archipelago the rates of duty which are required to be levied, collected and paid upon like articles imported from foreign countries.

"Section 3. That on and after the passage of this action the same tonnage taxes shall be levied, collected and paid upon all vessels coming into the United States from the Philippine Archipelago which are required by law to be collected upon vessels coming into the United States from foreign countries until the first day of January, 1905. Provided, however, that the provisions of law restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States.

"Section 4. That the duties and taxes collected in the Philippine Archipelago in pursuance of this act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles imported from the Philippine Archipelago, and upon vessels coming therefrom, shall not be converted into the general fund of the treasury of the United States, but shall be held as a separate fund and paid into the treasury of the Philippine Islands, to be used.

and expended for the government and benefit of said islands.

"Section 5. That when duties prescribed by this act are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time of its entry. "Section 6. That all articles manufactured in bonded manufacturing warehouses in whole or in part of imported materials, or of materials subject to internal revenue tax and intended for exportation from the United States to the Philippine Islands, shall, when so exported, under such regulations as the Secretary of the Treasury may prescribe, be exempt from internal revenue tax, and shall not be charged with duty except the duty levied under this act upon imports into the Philippine Islands."

To those who believe that we have not thus far done our duty by the Filipinos, the fourth section of this act will be matter of gratulation. The first section, it will be observed, implies the maintenance of the tariff schedule adopted by the Taft commission. Nothing now remains but the passage of the Lodge bill, which will doubtless take place shortly after the close of the holiday recess.

SHIP SUBSIDIES.-Senator Frye has introduced a modified bill for the subsidizing of the American merchant marine. The bill allows no subsidy to foreign-built vessels which seek an American registry, and provides that a larger part of the subsidy funds shall be used for the benefit of the slow freight vessels that carry most of our agricultural products to foreign ports. (See page 794.)

THE SOUTH CAROLINA EXPOSITION. During the opening days a joint resolution was passed allowing to the South Carolina and West Indian Exposition the free importation of all articles from foreign countries and the transfer of foreign exhibits. from the Pan-American Exposition at Buffalo.

Less important bills and petitions introduced in the Senate are the following: Bills by Nelson and McComas to establish a Department of Commerce, and petitions of various State legislatures praying for an amendment to the constitution making the United States Senators elective by popular vote.

Bills have also been introduced in the

Senate with regard to the currency, the

Pacific cable, the monopoly of mineral lands, national banks, statehood for Oklahoma, statehood for New Mexico, monopolies, lynching, injunctions, ship subsidies, a change of inauguration to the last Thursday in April, the wider dissemination of the Congressional Record, etc., etc. Amongst the myriad petitions presented in the Senate were two from the governor and legislature of Utah-one praying Congress to grant the suffrage of women, and the other asking the adoption of the metric system of weights and measures.

Bills were introduced in the House with regard to oleomargarine, bankruptcy, reciprocity, the customs tariff, criminal identification, the war tax, penny postage, alien contract labor, federal crimes, a delegate from the territory of Alaska, labor hours, contempt of court, government bonds, pensions, the union label, statehood for Porto Rico, tax on incomes, statehood for Arizona, the war in South Africa, polygamy, Hawaiian laborers, land laws for Hawaii, the mail and trusts, convict labor, the tariff on tea, federal jurisdiction over state corpora tions, free postal delivery, bimetallism, etc.,

etc.

CHARLES KLAUBER, A. B.

CRANE, WINTHROP MURRAY, of Mass., on Dec. 23 declined the portfolio of the Treasury tendered him by President Roosevelt. Mr. Crane was elected for a second term as Governor of Massachusetts and was inaugurated Jan. 1, 1902. It is said that President Roosevelt desired to secure as Secretary of the Treasury a man who would be in a position to command the respect of the business men and yet he especially desired to avoid selecting a banker or anyone closely identified with the banking interests. The rapid consolidation of banks in New York City, under the control of the National City Bank, which was particularly favored in the last administration, has alarmed some of the President's close advisers, and he was urged to select for this important position a man who would not necessarily look upon all financial problems from the banker's standpoint. The fact that Mr. Crane has been identified with financial institutions only in a general way was greatly in his favor, and he also has a good political record as Governor of Massachusetts.

Winthrop Murray Crane was born in Dalton, Mass., April 27, 1853. Educated

at the public schools and at Williston Seminary, he entered his father's paper mill in 1870, working his way up from the lowest position to that of superintendent of two of the mills. He has charge of the manufacture of the silk fiber bank note paper for the government. He inherited and acquired an ample fortune which is freely used for the public good. He was lieutenant-governor of Massachusetts, 1897-99, and in 1899 was elected governor.

CROLY, JANE CUNNINGHAM, whose nom de plume was "Jennie June," died Dec. 23, 1901, in New York City, at the age of 72. She has been doing more or less newspaper

MRS. JANE C. CROLY. "Jennie June."

work since 1855, when she began to furnish articles on fashions, etc. She is also well known as a club woman, having been the founder of Sorosis more than thirty years ago. This was the first woman's club in America and is still one of the most prominent. Mrs. Croly was for twelve years its president, and at the time of her death was the president of the New York Woman's Press Club. She was called "the mother of clubs" and on her seventieth birthday the club women of the metropolis gave several receptions in her honor. Mrs. Croly was born in Harborough, England, her parents coming to America when she was ten years of age. She was educated at Southbridge, Mass., where she edited a school

paper, wrote juvenile plays and acted as stage manager.

In 1856 she was married to David G. Croly and was the mother of six children, three of whom are still living.

CUBA, THE CONSTITUTION OF.-In accordance with an order of the Military Governor of Cuba published under the date of October 14, 1901, an election was held throughout the island on the 31st of December, at which Presidential and Senatorial electors, members of the House of Representatives, Governors of Provinces, and members of Provincial Councils were elected as provided for in the new Constitution.

This Constitution, which purports to establish a new "sovereign and independent State," was drafted by representatives, or delegates, of the people of Cuba in constitutional convention assembled at Havana. Adopted by the convention February 21, 1901, it was promulgated as the fundamental law without having been first submitted to a direct vote of the Cuban people.

On June 13, 1901, the said convention "determined to add," and by a formal resolution did add, as an "appendix" to the Constitution the resolution passed by the Congress of the United States, known as the "Platt Amendment." Thus Cuba has the peculiar distinction of having a Constitution with an appendix.

All told, the Constitution of Cuba, including its appendix, contains 9,174 words. Leaving out the preamble, "transitory rules," and appendix, its provisions are grouped under fourteen "titles" as follows: I. The Nation, its Form of Government, and its Territory; II. The Cuban People; III. Foreigners; IV. Rights Guaranteed by this Constitution, (1) Individual Rights, (2) Rights of Suffrage, (3) Suspension of Constitutional Guarantees; V. Sovereignty and Public Powers; VI. Legislative Powers, (1) The Legislative Bodies, (2) The Senate-its Organization and Attributes, (3) The House of Representatives-its Organization and Attributes, (4) Provisions Common to both Colegislative Bodies, (5) Congress and its Powers; (6) The Initiative, Preparation, Sanction, and Promulgation of the Laws; VII. The Executive Power, (1) The Exercise of Executive Power, (2) The President of the Republic, his Powers and Duties; VIII. The Vice-President of the Republic; IX. [The Cabinet]; X. [The Judicial Power], (1) The Exercise of Judicial Pow

crs, (2) Supreme Court of Justice; XI. Provincial Government, (1) General Rules, (2) Provincial Councils and Their Powers, (3) Governors of Provinces and their Powers; XII. Municipal Government, (1) General Rules, (2) Municipal Councils and their Powers, (3) Alcaldes-their Powers and Duties; XIII. The National Treasury; XIV. Amendments to the Constitution. A glance at these titles and sub-headings shows that the Constitution of Cuba is a complete outline of government from the highest organs of the Nation down to the machinery of the Municipalities.

(1)

The political ideas underlying the Constitution of Cuba may be indicated by the following fundamental principles which are recognized either in specific provisions or by the instrument taken as a whole: The idea of fundamental law, (2) The idea of a written or codified Constitution, (3) The absolute supremacy of the Constitution, (4) Popular sovereignty, (5) Democracy, (6) Republicanism, (7) Specific enumeration of the powers of government, (8) Complete separation of church and state, (9) Separation of powers on the tri-partite basis, (10) Bicameral legislature, (11) Singleheaded executive, (12) Official responsibility, (13) Independent judiciary, (14) Local government with central supervision, (15) Universal manhood suffrage, (16) Individual freedom, (17) Equality before the law, (18) Amendment and revision of the fundamental law.

Among the most interesting provisions of a written Constitution are those declaring and defining the rights of the individual. These have a special significance in the Constitution of Cuba, since the independence of the island and the establishment of constitutional government are the result of the struggles of the people for a larger sphere of civil and political freedom. The following summary will suffice to indicate the domain of individual freedom as outlined in the enumeration of rights :-(1) All Cubans have equal rights before the law. (2) No personal privileges or special rights shall be recognized by the Republic. (3) Obligations of a civil nature arising from contracts or other acts or omissions, shall not be annulled or altered by either the legislature or executive power, (4) Death penalty shall in no case be imposed for political crimes, (5) No arrests shall be made except as warranted by law, (6) Arrested persons shall be set at liberty or placed at the disposal of

GEN. LEONARD WOOD. Military Governor of Cuba.

a competent judge or court within twentyfour hours of arrest, (7) Arrested persons shall be set at liberty or their imprisonment ordered within seventy-two hours after having been placed at the disposal of the competent judge or court, (8) No person shall be arrested except by warrant of a competent judge or court, (9) No person shall be indicted or sentenced except by virtue of laws in force prior to the commission of the crime, (10) No person whatsoever shall be bound to give evidence against himself or any member of his family, (11) Correspondence and other private documents shall be inviolable, (12) No person's domicile shall be violated, (13) No person shall be compelled to change his domicile or residence except by an order of a competent authority, (14) Every person shall be free to express his thoughts either by word of mouth or in writing, through the press, or in any other manner whatsoever, (15) All persons shall be free to believe and worship as they please "without further restriction than that demanded by the respect for Christian morality and public order," (16) No person shall be required to assist in the support of a state church, (17) The right of petition is guaranteed, (18) The right of assembly and the right of association are guaranteed, (19) All persons have the right to enter into, depart from and travel within the territory of the Republic, (20) Primary education shall be compulsory but gratuitous, (21) No person