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BOARD OF PUB. UTIL. COMM'RS V. YNCHAUSTI & CO., 251 U. S. 401 (1920)

U.S. Supreme Court

Board of Pub. Util. Comm'rs v. Ynchausti & Co., 251 U.S. 401 (1920)

Board of Public Utility Commissioners

v. Ynchausti & Company

No. 10

Argued January 27, 1920

Decided March 1, 1920

251 U.S. 401


Acceptance of a license from the Philippine government to engage in the coastwise trade does not oblige the licensee to fulfill a condition imposed contrary to the Philippine Bill of Rights. P. 251 U. S. 404.

In licensing vessels to engage in the Philippine coastwise trade, the Philippine government is authorized to require, as a condition, free transportation of mails. P. 251 U. S. 405.

Such authority is found in its continuous exercise by the local military and civil governments without interference by Congress; in failure of Congress to disapprove local legislation, giving it effect, which under the Act of July 1, 1902, must be reported to Congress, and in its recognition by the Act of April 15, 1904, which authorizes the local government to regulate transportation between local ports and places until American registry of Philippine-owned vessels shall have been authorized by Congress. Id.

The Philippine government having thus authority from Congress to impose the duty to carry the mails free as a condition to engaging in coastwise trade, its law imposing such condition does not deprive the licensee of rights without due process, or take property for public use without just compensation, in violation of the Philippine Bill of Rights. Id.

The Constitution does not limit the power of Congress when legislating for the Philippines as when legislating for the United States. P. 251 U. S. 406.


The case is stated in the opinion.

Page 251 U. S. 402

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