Legal Opinion

Kepner v. United States

Supreme Court of the United States

Decided May 31, 1904No. 244PublishedCited by 569 opinions

ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involved the application of the constitutional immunity provision of the Constitution of the United States to the Philippine Islands, are stated, in the opinion of the court. The result of De Lima v. Bidwell and the Fourteen Diamond Rings Case made these islands territpry of the-United States. They ceased to be foreign in any'sense.1 Hence tariff'laws were not applicable until Congress had made- them so.

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ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involved the application of the constitutional immunity provision of the Constitution of the United States to the Philippine Islands, are stated, in the opinion of the court. The result of De Lima v. Bidwell and the Fourteen Diamond Rings Case made these islands territpry of the-United States. They ceased to be foreign in any'sense.1 Hence tariff'laws were not applicable until Congress had made- them so. That the term "United-States” in the Uniformity Clause had a restricted meaning and that these' possessions were not…

1Opinion of the CourtJustice Day

Thomas E. Kepner, a practicing lawyer in the city of Manila, Philippine Islands, was charged with a violation of the law in the embezzlement' of the funds of-his client (estafa). Upon trial, in November, 1901, in the court of first instance, without a jury, he was acquitted, it being the judgment of the court that he was not guilty of the offense charged. Upon appellate proceedings .by the United States to the Supreme Court of the Philippine Islands the judgment of the court of first instance, finding the accused not guilty, was reversed, and Kepner was found guilty and sentenced to a term of…

2Cases cited18 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Ex Parte LangeSupreme Court of the United States · 1874
  3. United States v. BallSupreme Court of the United States · 1896
  4. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  5. Downes v. BidwellSupreme Court of the United States · 1901

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3Cited by569 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Palko v. ConnecticutSupreme Court of the United States · 1937
  4. United States v. DixonSupreme Court of the United States · 1993
  5. United States v. PowellSupreme Court of the United States · 1984

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