The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-11-22
The GREATEST HARDSHIP
.r.pOSED BY \ RETROACTIVE
FEATURE GOING BACK -FOUR
AND \ HALF MONTHS.
IA4YER SHOWS ITS INJUSTICE
n. 2UIog eft Porto Rico Without Courts Of
Justice, and nenied he Fight Ct Ap
peal. The Monstrous Decree
is Still in Force


~au Juan de Porto Rico. November
.~-Thc proceedings of the Spanish
Government have, i'll some matters, beer
strange and hard of comprehension. \
..-c In point recently came to the att. II,
tim of the writer and with the idea of
.f.aiuing the true story of the occur
r.a.e an interview was obtained with
N.. IIermiric Diaz. Il prominent lawyer
.. san Juan and eN-President of the In
~.ar Chamber of Representatives. Mr..
Ilaz kindly supplied the information
which is here set Gown:
ON July Doth of the present year the
Queen Regent of Spain issued Il royal
decree. tdecreto reaD. by which it was
ordered that ~retroactively from the first
day If May, 1898. and until the end OF
The then existing war with the United
States. all civil proceedings in the Courts
.t cuba. Porto Rico and the Philippine
Islands should be null and void. Also.
that all appeals to the Supreme court of
the nation. CMadridl, from decisions
handed down by the Audcncia of Torto
Rico should be suspended and void dur
.u- this specified time. Permission. how
eFrr. was granted to the GOvcrnOr-Gene-
TIL. If Cuba and Porto Rico, acting in ac-
.u. with the Ministers of these resrcc-
tive islands. and also to the Governor
General of Manila. acting in accord W tn
the Audencia of the Philippines. to mod
ltv The rulings of this royal decree as cir
e~ou.~tances. such as the partial occupa-
-.u by the Americans of Porto Rico.
laaa, 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
aul unalterable.
This royal decree was not published in
I rco Rico until September 10Th and the
greatest hardship connected with its en-
t.rcameut was its retroactive effect for
jour and Il half months.
Questioned as to whether this decree
Wa~ legal and whether Captain-General
Nae.a~ should have enforced it or not.
MIR .DIaZ replied:
The only rights held by the Spanish
q. verumeut in this respect arc thosa SET
t..-a in Article ~ Of the Spanish Com
r~..rr.aI Code in which it is aid that in
--." of war. epidemic or revolution. liti-
-a-.nu growing out of mercantile trans
@.rHinS may be ordered suspended. it be
Ing requisite To duly notify the Spanish
'urtc~ of such orders. The Spanish Gov
"Hulucut therefore. could not by royal
..rrrc abolish laws of civil and criminal
..t.tus without ove~rstcpping its rights.
Such action can only be taken in Spain
NV the Spanish Cortes. and by this body
.H.E when they duly respect the rights
"..rA may have been obtained under the
.a" which is to be set aside. 1t is dis
H.r.E not permissible. especially i'll
III. matters. for any royal decree to
law" a retroactive effect as clearly does
f.s decree to which we refer. General
Nacla>. who. under statements in this
sud decree. was allowed the exercise of
Ills Judgment concerning its enforcement.
should have consulted with his Ministers
#aI prevented its PRONUNCIATION. And
Wis not only because peace had been
-ucd, thereby bringing to an end the
.t" of war which was responsible for
... issuance Of said decree. but because
". the serious present and future cOnsc-
H..l.ce that would manifeStly follow is
Dr.. tarccIncnt."
Did the Superior Court Of Porto Rico
".feSt against this measured"
"Inc Superior court of the island, far
#."ttL attempting 10 ItSlSJ lllt t1ltl CtlllctiL
.t This decree, which violated the on
r''at5on of Autonomy. lent itself to its
".muIgation. And this Notwithstanding
..r }uc decree was not counterSIgned by
'.'. Secretary of Justice. which act was
.o.~~ary for It's support. That IS, the
'.-' that the Secretary of Justices had
~.-ncd the document was ample rea-
-.4 for refusal to recognize it. This
..fHr -Tl1t,pt,I tho Attnrnnv (vanpr1I III
.~ views Of the fairness and justice Of
..' Lecree and Of his decision to obey il,
spite Of the fact that he forcsaw the
"..-r and difficulty it would bring to
country. and Of his knowledge that
Mis- ISSUED after the war had ceased.
IH. effect Of this ruling mon the
"ntrT wars extraOrdinary.It left Porto
-'~" without courts of justice. AS | have
..t a1G~Iy stated in q document set be
.".. -uc iuSular Government. it is impos-
under this decree, to oblige a criml-
E" appear before his judges. All
"'.l.~"s given since May l were re
"" and the men serving these sen
....- were set At liberty. As for civil
..''.ln@S even ut this day it is useless
"N" claims before our courts. Litjga-
cam be started, but it very soon
lp "a step. Furthermore and this
worst feature Of the case. it is a
TIA" COUNTRY that all judicial deciS-
TO- subject to refutatiOn within Il
' III time more or less defined. Con
.."hfIT, all dcciSins handed down from.
B uHtll September Is are null ana
'Wi the privilege of appeal is de
@'". eXcuse myself from the re-
"l the long LIST Of law suits under
t"l being actively prepared tina
'''h ahnulled by this decree; also
many annoyances and damages it
I'd L" such men who had received GER
determined rights and privileges I'M
yer the rulings Of our courts since the
1fss Of May.
Inc decree is still in force. But. we