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DeLima v. Bidwell
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DeLima v. Bidwell : ウィキペディア英語版
DeLima v. Bidwell

''DeLima v. Bidwell'', , was one of a group of the first Insular Cases decided by the United States Supreme Court.
The case was argued on January 8-11, 1901 and was decided on May 27, 1901.
The DeLima Sugar Importing Company sued the New York City collector of customs to recover duties on sugar imported from Puerto Rico after 1899, when Puerto Rico was ceded to the United States. DeLima argued that The Port of New York City had no jurisdiction to collect duties because Puerto Rico was annexed by the United States.
==Lower Appellate Court==
The lower appellate court had held:
# although the collector had the right to challenge the factual sufficiency, he was barred from challenging federal jurisdiction on the basis of wrongful removal where the case was removed upon his own petition;
# the Customs Administrative Act did not decide whether the sugar was imported from a foreign country, therefore the court case was a proper legal action; and
# Puerto Rico was not a foreign country for tariff purposes but was a United States territory because, by treaty, the district was ceded to and in the possession of the United States. It was not necessary for an act of Congress to embrace the territory for the purpose of tariff laws. Therefore the duties on sugar were illegal, and DeLima Sugar Importing Company was entitled to get its duties on sugar back.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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