The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-20
ABOLISHED LAW
IN PORTO RICO.
A Royal Decree Declaring All Court
Proceedings Invalid.
GENERAL BROOKE APPEALED TO.
And He Promptly Rose TO the occasion
and Issued Orders Abolishing the
Operation of the Decree-Rea-
sons were Inexplicable.
GENERAL BROOKE APPEALED TO-.

(Correspondence Of the Associated Press.
SAN JUAN. DE PORTO RICO, No
vember 5.-The proceeding Of the Spanish
government have, in some matters, been
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.. Hermnio Diaz. a 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.
A RETROACTIVE DECREE
on July 3th Of the present year the
Queen Regent of Spain issued u royal
decree (decreto reaD by which 1t was
ordered that, retrOactiVely from the first
day OF May. 1895. 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 (Mairid) 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 60 the GOvernOr-Gen-
eral OF Cuba and Porto Rico acting In
accord with the ministers of these re-
spective islands. and also 10 the Gov
ernor-General OF Manila, acting in ac-
cord with the Audencia of the Philip
pines, 10 modify the rulings Of this royal
decree as circumstances, such as the
partial occupation by the Americans OF
Porto Rico, Cuba. etc. might require.
But this permission 10 modify did not
affect the ruling concerning the matter
OF appeals 20 Madrid; herein the decree
was absolute and unalterable.
HARDSHlPS ENGENDERED.
This royal decree was not published
in Porto Rico until September 18th, and
the greatest hardship connected with its
enforcement was its retroactive effect
for four and a 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 I'm article 955 of the Spanish Com
mercial Code. in which IL is said that in
time Of war epidemic or revolution hu-
cation growing out OF mercantile trans
actions may be ordered suspended, II
being requisite 10 duly notify the Span
ish Cortcs OF such order. The Spanish
government therefore could not by
royal decree abolish these laws Of civil
and criminal actions without overstop-
ping its rights. Such action can only be
taken I'm 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 10 be
Get aside. IL Is distinctly not permissa-
BILE especially In civil matters. for any
royal decree 20 have a retroactive eject
as clearly does tho decree 10 which we
refer. General Macias. who by statements
in this said decree. was allowed the eN-
ercise OF his Judgment concerning its en-
forcement should have consulted with
his ministers and prevented its promul-
cation. And this. not only because peace
had been signed. thereby bringing 10 an
end the state Of war which was respOn-
sible for the issuance Of said decree. but
because OF the serious present ana fu-
ture consequences that would manifestly
follow iis enforcement"
Ibid the Superior Court 90 Porto Rico
protest against this measure?"
COURT IN CONNIVANCE.
The Superior Court Of the island. far
from attempting 20 resist the enforce
ment OF this decree, which violated the
Constitution OF Autonomy. lent itself 20
It's promulgation And this notwth-
standing that the decree was not conn
tereignod by the Secretary ~ Justice,
which act was necessary FOR SIS support.
That Il. tire fact that the Secretary OF
Justice had not signed the document
was ample reason for refusal 10 recognize
g. This court supported the Attorney
General IN his views Of the fairness and
Justice Of the decree and OF his decision