William R. Day

“ But Congress, in § 5, had already specifically provided that no person should be put twice in jeopardy of punishment for the same offense. While § 9 recognizes the established jurisdiction of the courts of the islands, it was not intended to repeal the specific guaranty of § 5, which is direct legislation pertaining to the particular subject. It is a well-settled principle of construction that specific terms covering the given subject-matter will prevail over general language of the same or another statute which might otherwise prove controlling. ”

“ Every justice of the peace in the Philippine Islands is hereby invested with authority to make preliminary investigation of any crime alleged to have been committed within his municipality, jurisdiction to hear and determine which is by law now vested in the judges of courts of first instance. ”

“ It is not necessary to determine in this case whether the jeopardy provision in the Bill of Rights would have become part of the law of the islands without congressional legislation. The power of Congress to make rules and regulations for territory incorporated in or owned by the United States is settled by an unbroken line of decisions of this court, and is no longer open to question. ”

“ The judicial power of the government of the Philippine Islands shall be vested in a supreme court, courts of first instance, and courts of justices of the peace, together with such special jurisdictions of municipal courts and other special tribunals as now are or hereafter may be authorized by law. ”

“ To be confronted at the trial by and to cross-examine the witnesses against him. Where the testimony of a witness for the prosecution has previously been taken down by question and answers in the presence of the accused or his counsel, the defense having had an opportunity to cross-examine the witness, the deposition of the latter may be read, upon satisfactory proof to the court that he is dead or insane, or cannot with due diligence be found in the islands. ”

“ It is evident that the most enlightened thought of the Philippine Islands fully appreciates the importance of these principles and rules, and they will inevitably, within a short time, command universal assent. Upon every division and branch of the government of the Philippines, therefore, must be imposed these inviolable rules: 'That no person shall be deprived of life, liberty, or property without due process of law; that private property shall not be taken for public use without just compensation ”

“ The judges of the court of first instance shall be appointed by the civil governor, by and with the advice and consent of the Philippine Commission: Provided, that the admiralty jurisdiction of the supreme court and courts of first instance shall not be changed except by act of Congress. ”

“ Rep. 609, it was held that a writ of error did not lie in favor of the United States in a criminal case; Mr. Justice Gray said:
'From the time of Lord Hale to that of Chadwick's Case [11 Q. B. 173, 205] , just cited, the text-books, with hardly an exception, either assume or assert that the defendant (or his representative) is the only party who can have either a new trial or a writ of error in a criminal case; and that a judgment in his favor is final and conclusive. See 2 Hawk. P. C. chap. ”

“ The act charged against the appellant on the first occasion was an assault upon the respondent while she was riding a horse on the highway, and it therefore became an offense for which the appellant might be punished under either of two statutes. The appellant was prosecuted for the assault, and convicted under one of the statutes, 3 and 4 Wm. ”