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Containing all the Law of a Panent and General Nature enacted

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by the second third sessions of the Sixty-first Congress the Sixty second Congress prior to Jan. 1, 1912

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WITH

Notes continuing the Annotation in the prior volumes

COMPILED UNDER THE EDITORIAL SUPERVISION OF

WILLIAM M. MCKINNEY

VOL. II

LIBRARY

NIVERSITY
LAND STANFORD JUNIOR

EDWARD THOMPSON COMPANY
NORTHPORT, LONG ISLAND, NEW YORK

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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

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

Abolition of private franchise. — In O'Reilly de Camara v. Brooke, (1908) 209 U. 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

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

In Pearcy v. Stranahan, (1907) 205 U. S. 257, 27 S. Ct. 545, 51 U. S. (L. ed.) 793, it was held that the Isle of Pines must be regarded as at least de facto under the jurisdiction of the Republic of Cuba, and hence, as a "foreign country" within the meaning of the Dingley Tariff Act of July 24, 1897 (30 Stat. 151, ch. 11, 2 Fed. Stat. Annot. 391), since the United States has

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

"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.

never taken possession of such island as included in the territory ceded by Spain to the United States in the treaty of peace, but, instead, through its legislative and executive departments, has recognized the Cuban government as rightfully exercising sovereignty over the Isle of Pines as a de facto government until the de jure status shall be determined.

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