UNITED STATES OP AMERICA. 



775 



ART. XI. The Spaniards residing in the territo- 

 ries over which Spain by this treaty cedes or relin- 

 quishes her sovereignty shall be subject in matters 

 civil as well as criminal to the jurisdiction of the 

 courts of the country wherein they reside, pursuant 

 to the ordinary laws governing the same, and they 

 shall have the right to appear before such court's 

 and to pursue the same course as citizens of the 

 country to which the courts belong. 



ART. XII. Judicial proceedings pending at the 

 time of the exchange of ratifications of this treaty 

 in the territories over which Spain relinquishes or 

 cedes her sovereignty shall be determined accord- 

 ing to the following rules : 



First Judgments rendered either in civil suits 

 between private individuals or in criminal matters, 

 before the date mentioned, and with respect to which 

 there is no recourse or right of review under the 

 Spanish law, shall be deemed to be final, and shall 

 be executed in due form by competent authority in 

 the territory within which such judgments should 

 be carried out. 



Second Civil suits between private individuals 

 which may on the date mentioned be undetermined 

 shall be prosecuted to judgment before the court in 

 which they may then be pending, or in the court 

 that may be substituted therefor. 



Third Criminal actions pending on the date 

 mentioned before the Supreme Court of Spain 

 against citizens of the territory which by this treaty 

 ceases to be Spanish shall continue under its juris- 

 diction until final judgment; but, such judgment 

 having been rendered, the execution thereof shall 

 : be committed to the competent authority of the 

 place in which the case arose. 



ART. XIII. The rights of property secured by 

 copyrights and patents acquired by Spaniards in 

 the island of Cuba and in Puerto Rico, the Philip- 

 pines, and other ceded territories, at the time of 

 the exchange of the ratification of this treaty, shall 

 continue to be respected. Spanish scientific, liter- 

 ary, and artistic works not subversive of public or- 

 der in the territories in question shall continue to 

 be admitted free of duty into such territories for 

 the period of ten years, to be reckoned from the 

 date of the exchange of the ratifications of this 

 treaty. 



ART. XIV. Spain shall have the power to es- 

 tablish consular officers in the ports and places of 

 the territories the sovereignty over which has either 

 been relinquished or ceded by the present treaty. 



ART. XV. The Government of each country will, 

 for the term of ten years, accord to the merchant 

 vessels of the other country the same treatment in 

 respect to all port charges, including entrance and 

 clearance dues, light dues, and tonnage duties, as it 

 accords to its own merchant vessels not engaged in 

 the coastwise trade. 



This article may at any time be terminated on 

 .six months' notice given by either Government to 

 the other. 



ART. XVI. It is understood that any obligations 

 assumed in this treaty by the United States with 

 respect to Cuba are limited to the time of its occu- 

 pancy thereof; but it will upon the termination of 

 such occupany advise any Government established 

 in the island to assume the same obligations. 



ART. XVII. The present treaty shall be ratified 

 by the President of the United States, by and with 

 the advice and consent of the Senate thereof, and 

 by her Majesty the Queen Regent of Spain; and 

 the ratifications shall be exchanged at Washington 

 within six months from the date hereof, or earlier, 

 if possible. 



The Supreme Court. The result of the work 

 of the United States Supreme Court for tin- year i 

 as follows : The total number of cases on the docket 



for the term beginning in October, 1897, wag 685: 

 and of this number 372 were disposed of during 

 the term. The number actually couriered bj the 

 <-uiirt was 311, of which 179 were argued orally and 

 132 submitted on printed arguments. Among tin 

 cases decided of general interest and importance 

 were the following : 



Constitution of Mifusi&tittpi. In Williams r*. 

 Mississippi, decided April 25, 1898, the provi- 

 of the Constitution of Mississippi making ability to 

 read any section of the Constitution or to under- 

 stand it when read a necessary qualification for a 

 legal voter, and making it a necessary qualification 

 for a grand or petit juror that he shall be able to 

 read and write, and other provisions in regard to 

 elections which do not on their face discriminate 

 between the white and negro races, were held not 

 to amount to a denial of the equal protection of the 

 law secured by the fourteenth amendment to the 

 Constitution, and the judgment of the Supreme 

 Court, of Mississippi was affirmed. 



Infected Cattle. In the case of the Missouri. 

 Kansas and Texas Railway Co. vs. Haber, tin- 

 Court affirmed the constitutionality and validity 

 of the law of Kansas prohibiting the transportation 

 into the State of cattle affected with Texas fever 

 and providing for a civil action for damages in case 

 of the infraction of the law, it was held not to be 

 in any just sense a regulation of commerce among 

 the States. The provision in the Kansas act is in 

 aid of the objects which Congress had in view when 

 it passed the animal industry act of May 29, 1884. 



Physicians. The decision in Benjamin Hawker 

 vs. New York affirmed the constitutionality of the 

 act of the New York Legislature prohibiting per- 

 sons who have been convicted of and punished for 

 a crime from practicing medicine in the State, in 

 the case of one who had been convicted of a felony 

 prior to its enactment. Its unconstitutionality was 

 alleged on the ground of a conflict with the clause 

 of the Constitution forbidding a State to pass * any 

 bill of attainder, ex post facto law, or law impairing 

 the obligation of contracts." This legislation was 

 held not as an imposition of additional penalty, but 

 as prescribing qualifications to be possessed by those 

 who practice medicine. Justices liar Ian, Peckham, 

 and McKenna dissented. 



Confederate Bonds. On May 31, 1898. an opinion 

 was rendered in the case of Baldy vs. Hunter, ad- 

 ministrator, affirming the validity of investments 

 in Confederate bonds during the civil war by 

 Hunter as guardian; both guardian and ward resid- 

 ing within the Confederate lines, and being under 

 subjection to the Confederate States. 



Using Official 1'nxition. In Payne vs. Robertson 

 the court held that a United States deputy marshal 

 who had, as such, entered Oklahoma prior to the 

 opening of the lands for settlement, was, because of 

 his official character, disqualified from making a 

 homestead entry immediately upon the lands being 

 opened for settlement. 



Lii/uor Lnii'x. The case of Rhodes r*. Iowa in- 

 volved the construction of the law of Iowa forbid- 

 ding the sale of liquors in the State, and dealt with 

 the construction of the State law under the Wilson 

 act of Congress o f Aug. 8, 1890. The opinion ren- 

 dered was that the State law is an infringement of 

 the constitutional prerogative of the United State* 

 regarding interstate commerce, so far as it aftVftod 

 interstate commerce tnins|tort:itii>n : and that im- 

 ported liquors upon arrival within the jurisdiction 

 of the State become at once subject to its jurislic- 

 tiiin. ,Jnstiees Cray. Harlan. and Brown dissented 

 on the ground that the State law was valid as a 

 police regulation. 



In the case of Vance r.<. Vandercook Company 

 the South Carolina liquor law was again made the 



