The San Jose College Case. an institution of learning, as when under the management of the Jesuits, though for some years previous to the American occupation of Manila the administration had been in trusted to an energetic and capable official who conducted its business with ability. Its buildings had twice been shaken by earth quake; the ancient institution had, however, withstood the fury of tropical storm, of ty phoon and1 earthshaking, when State and Church, religion, politics and educational institutions were deeply affected, if not radi cally changed, by the arrival of the Ameri cans in Manila Bay. Shortly after the occupation of Manila by the United States forces the Archbishop of Manila requested permission of the Military Governor to open the University of St. Tomas, which had been temporarily closed during the troublesome days preceding the arrival of the Americans. This is an ancient seat of learning of Manila, belonging to the religious order of the Dominicans, to which, some years before, the college of San José had been attached as a school of Medicine and Pharmacy. An association of Manila, known as the Philippine Medical Associa tion, protested against the Military Gover nor granting the request of the Archbishop, for the reason that the College of San José was a secular institution under the former control of the Spanish Crown, which right of control was vested in the United States Government by virtue of the Treaty of Paris. The Association further prayed the Gover nor that the administration of the college be conferred upon them to be conducted as a school of medicine and pharmacy. The matter was referred by the MilitaryGovernor to the Philippine Commission shortly after it had assumed civil functions in the Islands, the college, in the meantime, having been closed by order of the Military Governor. After due consideration of the issues presented, the case was by the Com mission submitted to the Supreme Court
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of the Philippine Islands. Judge Taft, in a very able and lucid review of the points at issue, remarked that the questions involved the proper subject of determination by a judicial rather than a legislative body, also intimating that, probably, future congres sional action would be taken permitting an appeal in cases of such character from the Supreme Court of the Philippine Islands to that of the United States. Had the San José College case pro ceeded to a final determination in the courts, it would have been fitting that the ulti mate disposition of the matter should be made by the Supreme Court of the United States. The case, however, having been sub mitted on agreed statements of facts to the Supreme Court of the Philippines, has been referred, together with other ecclesiastical questions pertaining to the country, to diplo matic rather than judicial determination through action by the Vatican and the Gov ernment of the United States. Considering the importance of the points presented, and the fact that the vexed ques tion of Church and State is involved, the San Jose College case is probably the most important thus far submitted to the Supreme Court of the Islands. For one hundred and fifty years the school was under the manage ment of the Jesuits, after which, for another hundred and fifty years it was controlled by the Dominicans; and whether the property and foundation of the college have been and are now, owned by the Church and subject to its ultimate control, or whether it was during its long history under the secular and civil control of the Spanish 'Crown, is the question in controversy. The defendants in the suit insist that the property of the col lege under the canonical and civil law is in the Church, and they claim ownership, and consequent right of control and administra tion, in the future as during the past three centuries. The plaintiffs contend that the Jesuits and
