Page:United States Reports, Volume 209.djvu/120

 94 OCTOBER TERM, 1907. for United 8t,t. 309 U. 8. found an express declaration that the relinquishment or ce sion of sovereignty "cannot in any respect impair the prop- erty or rights which by laws beJong to the peaceful of property of all kinds . . . of private individuals of whatsoever nationality such individuals may be." The $oUwitor General for United States: Plaintiff in error did not become a citizen of the Philippine Islands under the new sovereignty, but continued to remain a Sp,mixi. His Spanish nationality could only be lost by continuous residence in the islands and failure to declare his intention of retaining it within the time specified (Art. IX,' Treaty of Paris, 30 Star. 1754). He was absont from the islands during the whole of the period allowed for msldng such declarations, and remained away for more than a year and a half. It make no difference that he intended to return; it was not neceary in order to retain his Spanish nationality that he should remain away permanently. �As a Spaniard, he is not entitled to practice law in the'Philip- pines. Under the Spanish law foreigners were not allowed to practice the legal profeseion in Spain and her colonies. Royal Order of July 26, 1853; I)iceionario de Alcubilla, Vol. 5, p. 423; Law of Public Instruction, Art. 96,/d., Vol. 6, p. 798; decree of February 6, 1869, Alcubilla, Vol. 6, p. 873; Art. 25, Constitution of 1869; Art. 27, Civ!l Code of Spain; Royal Or- dere of October 10, 11, 1879, Alcobilla, Vol. 6, pp. 1135-1136. That point is immaterial, however, because the provision in Article IX of the Treaty of Paris that Spanish subjects in the Philippines shall have the right to carry on their professions, etc., subject to "such laws as are applicable to other for- eigners" refers to the laws enacted by the new sovereignty. Spaniards were not "foreigners" at the time of the treaty, but only became so after the cession of the islands, and it is evident that the words meant such laws as shal/be applicable to other foreigners. Under the laws and regulations on the subject, put in force

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