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Delima Vs. Bidwell
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- US Supreme Court
- May 27, 1901
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U.S. 1 (1901) U.S. Supreme Court DeLima v. BidwellSearch
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U.S. 1 (1901) DeLima v. BidwellSearch
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and a civil government for Porto Rico, which took effect May 1, 1900. This case was argued with No. 507, Downes v. BidwellSearch
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No. 501, Dooley v. UnitedSearch
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States, No. 502, Dooley v. UnitedSearch
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Page 182 U. S. 3 No. 509, Armstrong v. UnitedSearch
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Defendant neither gains nor loses by the removal, and the case proceeds as if no such removal had taken place. Cowley v. NorthernSearch
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Mansfield Railway Co. v. SwanSearch
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Mexican Nat. Railroad v. DavidsonSearch
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in other words, whether they were imported at all as that word is defined in Woodruff v. ParhamSearch
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owner could be placed in this position. But we are not without authority upon this point. The case of Elliott v. SwartwoutSearch
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more money had been paid to the collector than the law required. It was held by a majority of this Court in Cary v. CurtisSearch
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for duties received by him, and that the act of 1839 furnished the sole remedy. It was said of that case in Arnson v. MurphySearch
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to refund conferred by the act of 1839, 5 Stat. 349, 727. This act of 1845 was in force, as was decided in Barney v. WatsonSearch
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c. 171, 13 Stat. 202, 214, carried into the Revised Statutes as sections 2931 and 3011. In the same case of Arnson v. MurphySearch
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was taken away by statute, and a remedy given based upon these sections which was exclusive. The decision in Elliott v. SwartwoutSearch
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customs cases ( i.e., classification cases), was held to be superseded by the statutes. So, in Schoenfeld v. HendricksSearch
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Taber v. UnitedSearch
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certain regulations of the executive departments which are supposed to favor this contention. In United States v. RiceSearch
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or to vest a new right in the United States. A case somewhat to the converse of this was that of Fleming v. PageSearch
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port of what was in reality a foreign port. It is not intended to intimate that the cases of United States v. RiceSearch
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and Fleming v. PageSearch
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of the port without a formal cession of such port to the United States. The next case is that of Cross v. HarrisonSearch
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an importation into the United States. The plaintiffs proceeded upon the theory, stated in the dictum in Fleming v. PageSearch
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districts had been established in California, and in apparent dissent from the views of the Chief Justice in Fleming v. PageSearch
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different view of the facts connected with the admission of those territories from what had been taken in Fleming v. PageSearch
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was distinctly repudiated with the apparent acquiescence of Chief Justice Taney, who wrote the opinion in Fleming v. PageSearch
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goods carried from a port in a ceded territory directly to New York are subject to duties, since the duties in Cross v. HarrisonSearch
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settled by acts of Congress, is, with a single exception, strictly in line with the decision of this Court in Cross v. HarrisonSearch
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into New Orleans are manifestly inconsistent with the position subsequently taken by this Court in Cross v. HarrisonSearch
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of October 9, 1848, he uses the same language. These letters are cited with approval by this Court in Cross v. HarrisonSearch
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foreign, territory. This correspondence with reference to California took place in 1848. The decision in Fleming v. PageSearch
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I understand the decision of the Supreme Court in the case of Cross v. HarrisonSearch
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of Mr. Gallatin's letter, to the present the there is not a shred of authority, except the dictum in Fleming v. PageSearch
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practically overruled in Cross v. HarrisonSearch
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to produce a change of nationality for revenue purposes. Possession is not alone sufficient, as was held in Fleming v. PageSearch
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nor is a treaty ceding such territory sufficient without a surrender of possession. Keene v. McDonoughSearch
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Pollard v. KibbeSearch
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Hallett v. HuntSearch
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nor overturned except for cogent reasons, and unless it be clear that such construction be erroneous. United States v. JohnstonSearch
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present, but each of them is the supreme law of the land. As was said by Chief Justice Marshall in United States v. TheSearch
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