United States Supreme Court Cases & Opinions

U.S. Supreme Court

Asiatic Petroleum Co., Ltd. v. Insular Collector of Customs, 297 U.S. 666 (1936)

Asiatic Petroleum Co., Ltd. v. Insular Collector of Customs

No. 674

Argued March 13, 1936

Decided March 30, 1936

297 U.S. 666

Syllabus

1. The Philippine Tariff Act of 1909, as enacted by Congress, is a statute of the United States within the meaning of the Act of February 13, 1925, and this Court has jurisdiction to review a decision of the Supreme Court of the Islands involving its application. P. 297 U. S. 668.

2. The Act of 1916 for the government of the Philippine Islands did not operate to repeal the Tariff Act as a law of the United States and convert it into a law of the Philippine Islands, and did not thus abolish the jurisdiction of this Court to review a decision of the Islands' Supreme Court involving the application of the Tariff Act. P. 297 U. S. 669.

3. The erection of a local legislature in a territory or a possession and the grant of legislative power do not deprive Congress of the reserved power to legislate for the territory or possession, or abrogate existing congressional legislation in force therein. P. 297 U. S. 670.

Page 297 U. S. 667

4. Section 15 of the Philippine Independence Act of 1934, repealing, except as otherwise provided, "all laws or parts of laws relating to the present government of the Philippine Islands and its administration," held not to have repealed the Philippine Tariff Act of 1909. P. 297 U. S. 671.

5. Section 21 of the Philippine Tariff Act of 1909, providing for a drawback of customs duties on all fuel oil imported into the Philippine Islands which is afterwards used for the propulsion of "vessels engaged in trade with foreign countries," applies to vessels of foreign registry as well as to vessels of Philippine and American registry. P. 297 U. S. 671.

Reversed.

Certiorari, post, p. 700, to review a judgment affirming a judgment denying a writ of mandamus to compel the respondent to approve drawbacks of customs duties.