Kelly v. Hedden

Supreme Court of the United States
Kelly v. Hedden, 124 U.S. 196 (1888)
8 S. Ct. 459; 31 L. Ed. 388; 1888 U.S. LEXIS 1853

Kelly v. Hedden

Opinion

Me. Justice Field

delivered the opinion of the court.

This case, except in one particular, presents the-same questions considered and determined in Whitney v. Robertson. The exceptional circumstance is this, that the act of 1883, under which the duties were levied and collected, to recover which the action is brought, declares that nothing in it “ shall in any way change or impair the force and effect of any treaty between the United States and any other government, or any laws passed in pursuance of or for the execution of any such ■«treaty,, so long as such treaty shall remain in force in respect of the subjects embraced .in this aet.” 22 Stat. 525. The most that can be conceded to this provision is, that it leaves a previous treaty relating to the same subjects unaffected by the act. Our observations in the former case, as to the effect of subsequent legislation in conflict with the stipulations of a treaty, are therefore inapplicable to the present case. But all other considerations as to specific exemptions in return for special concéssions remain, in answer to the alleged contention *197 of the plaintiffs that articles, the produce and manufacture of the island of San Domingo should he admitted free of duty because similar articles, the produce and manufacture of the Hawaiian Islands, are thus admitted.

Judgment affirmed.

Reference

Cited By
9 cases
Status
Published
Syllabus
The distinction between this case and Whitney v. Robertson, ante, 190, does not warrant a different disposition of it.