Page:United States Reports, Volume 209.djvu/122

 96 OCTOBER TERM, 1907. Opinion of the Court. 209 U.S. of the Philippine Code of Civil Procedure; (2) That the Supreme Court of the Philippine Islands  no power, jurisdiction or authority to deny or deprive a lawyer of his right to practice his profession, except for the reasons and in the manner pro- vided in the Civil Code; (3) That plaintiff in error's right so to practice was a vested right, of which he could be deprived only by due process of lsw. Article IX of the Treaty of Paris, 30 Stat. 1754, provided: "Spanish subjects, natives of the peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such .prop- erty or of its proceeds; and they shall also have the right to carry on their industry, commerce and profe,ons, being sub- ject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which dec- laration they shall be held to have renounced it and to have adopted'the nationality of the territory in which they may reside. "The civil rights and political status of the. native inhabi-' tants of the territories hereby ceded to the United States h,dl be determined by the Congress." The record shows that pli.'ntiff in error left the Philippines for Europe on lay 30, 1899, and remained away.until ,Jan- uary 11, 1901. In the affidavit accompanying Ms petition for reheating he states that the reasons for his departure from the islands were the unsettled conditions prevailing there and the state of his health; that, hile abroad he lived in France and Spain, residing for the most part in Barcelona; that he &d not return sooner to the Philipp!nes because of newspaper reports as to personal unsafety in Manills. In his first petition he

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