The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-11-20
IMPOSED BY A RETROACTIVE
FEATURE GOING BACK -FOUR
AND \ HALF MONTHS
A LAWYER SHOWS lTS INJUSTICE
The Ruling Left Porto Rc, Without Courts Of
Justice. and Denied the Right of Ap
peal The Monstrous Dece
is Still in Force

1S.-The proceedings of the Spanish
Government have, in some matters, beer
strange and hard of comprehension. A
case in point recently came to the atten,
ton of the writer and with the idea of
obtaining the true story of the occur
renee an interview was obtained with
Mr.. Hermiric Diaz prominent lawyer
of San Juan and ex-President of the In
sular Chamber of Representatives. Mr.
Diaz kindly supplied the information
which is here set down:
On July Goth of the present year the
Queen Regent of Spain issued a royal
decree, (decreto reaD. by which it was
ordered that retroactively from the first
day of May, 1898, and until the end OF
the then existing war with the United
States. all civil proceedings in the Courts
of Cuba, Porto Rico and the Philippine
Islands should be null and void. Also
that all appeals to the Supreme court of
the nation, (Madrid), from decisions
handed down by the Audencia of Porto
Rico should be suspended and void dur
ing this specified time. Permission, how
ever, was granted to the Governor Gene
raj of Cuba and Porto Rico, acting in ac-
cord with the Ministers of these respec-
tive islands, and also to the Governor
General of Manila, acting in accord with
the Audencia of the Philippines, to mod
ify The rulings of this royal decree as cir
cumstances, such as the partial occupa-
tion by the Americans of Porto Rico,
Cuba, etc, might require. But, this per-
mission to modify did not effect the rul-
ing concerning the matter of appeals to
Madrid; herein the decree was absolute
and unalterable
This royal decree was not published in
Porto Rico until September 10th and the
greatest hardship connected with its en-
forcement was its retroactive effect for
four and half months.
Questioned as to whether this decree
was legal and whether Captain General
Macias should have enforced it or not,
Mr. .Diaz replied:
THE only rights held by the Spanish
Government in this respect are those SET
forth in Article $50 of the Spanish Com
mercial Code in which it is said that in
time of war; epidemic or revolution, liti-
CATION growing out of mercantile trans
actions may be ordered suspended, it be-
ing requisite to duly notify the Spanish
Cortes of such orders. The Spanish Gov
eminent therefore, could not by royal
decree abolish laws of civil and criminal
actions without overstepping its rights.
Such action can only be taken in Spain
by the Spanish Cortes, and by this body
only when they duly respect the rights
which may have been obtained under the
law which is to be set aside. 1t is dis
tinctly not permissible, especially in
civil matters, for any royal decree to
tiya off cla ri
the decree to which we refer General
Macias, who, under statements in this
said decree, was allowed the exercise of
his Judgment concerning it's enforcement,
should have consulted with his Ministers
and prevented its PRONUNCIATION. And
this not only because peace had been
signed, thereby bringing to an end the
state of war which was responsible for
the issuance of said Decree but because
of the serious present and future conse-
quence that would manifestly follow its
enforcement.
did the Superior Court of Porto Rico
protest against this measure?'
''The Superior court Of the island, far
from attempting to resist the enforcement
of this decree, which violated the Con-
stitution of Autonomy. lent itself to its
PRONUNCIATION. And this Notwithstanding
that the decree was not countersigned by
the Secretary of Justice which act was
necessary for its support. That is, the
fact that the Secretary of Justices had
not signed the document was ample rea-
son for refusal to recognize it. This
court supported the Attorney General in
his views of the fairness and justice of
the decree and of his decision to obey it,
in spite Of the fact that he foresaw the
4 ~ ..,IA "a
the country and of his knowledge that
it was issued after the war had ceased.
..The effect of this ruling upon the
country wars extraordinary left Porto
Rico without courts of justice. AS | have
previously stated in a document set be-
fore the insular Government, it is impos
sible. under this decree, to oblige a crimi-
nal to appear before his judges All
sentences given since May / were re
yoked and the men serving these sen
fences were set at liberty. AS for civil
proceedings, even at this day it is useless
to take claims before our courts. Ll12a
ton can be started, but lit very soon
comes to a step. Furthermore and thi'
is the worst feature of the case, 1t Is
law of the country that all judicial decls
ions be subject to refutation within d
period of time more or less defined. Con
sequently, all decisins handed down from
May / until September 16 are null anC
void and the privilege of appeal is dc
stroyed. ! excuse myself from the re
cital of the long list of law suits unde
trial and being actively prepared tina
have been annulled by this decree; alst
of the many annoyances and damages i
caused TO such men who had received Ger
tain determined rights and privileges un
der the rulings of our courts since thu
first of May.
.rhe decree is still in force. But, W