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· 2/23/1909

Martinez v. La Asociacion De Senoras Damas Del Santo Asilo De Ponce

Citations

  • 213 U.S. 20
  • 29 S. Ct. 327
  • 53 L. Ed. 679
  • 1909 U.S. LEXIS 1850

Syllabus

<p>All relations between Spain and Porto Rico having been severed by the cession of that Territory by the Treaty of Paris, a corporation organized under the laws of Spain for purely local and charitable purposes in Porto Rico is not to be regarded as a citizen of Spain within the meaning of the provisions of the act of April 12,1900, c. 191, 31 Stat. 77; as amended by the act of March 2,1901, c. 812, 31 Stat. 953, relating to the jurisdiction of the district Court of the United States for Porto Rico, nor is such a corporation a citizen of the United States . within the meaning of such provision; if it is a citizen of any country it is a citizen of Porto Rico.</p> <p>The people of Porto Rico have been created by Congress and exist as a body politic subject only to the usual reserved power of annulment of territorial legislation; and the government of Porto Rico under the organic act is charged with the creation and control of corporations ■ strictly local in character, and corporations of that nature organized ■ prior to the cession of the island are to be regarded for jurisdictional purposes as citizens of Porto Rico.</p> <p>While by Article IX of the Treaty of Paris between Spain and the United States provision is made for Spanish subjects, natives of the peninsula, to preserve their • allegiance to Spain, that article has no reference to- corporations; nor is there any other provision of the treaty providing therefor. Qucere and not decided, what the citizenship now is of Spanish corporations doing business in Porto Rico ‘ prior to its cession by the Treaty of Paris to the United States.</p>

Judges: Moody

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