Whitney v. Robertson (S Ct 1888, p. 187)
- Plaintiffs are importers of sugar/molasses from San Domingo. (Goods similar to the kinds produced in Hawaii, which are admitted free of duty into the US under a treaty with Hawaii and a statute executing the treaty.) P says his products should be admitted free of duty as well due to the similarity of the products to those from Hawaii. The treaty w/ the Dominican Republic says no higher duty shall be imposed on the import than on any other like articles.
- Ct says that if they are on the same subject try to give effect to both but that if there is any conflict between a treaty and legislation—last in time wins.
- Holding: The act under which the monetary duties were collected came after the treaty and thus is the correct law.
- The doctrine of last-in-time is a municipal doctrine, not an international one, yet the treaties involved are international.
The ct said that if other countries were dissatisfied w/ this rule, they could complain to the exec branch, but that the court had no power to decide international issues. - Supreme Court takes another dualistic view here.
- Does this mean that the US can get out of a treaty by entering into a contrary treaty and then having Congress a law in pursuance of the 2nd treaty? No. Still be a problem in international law.
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