The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-20
AN OUTRAGEOUS DECREE.
How the Porto Rfcans Were WrOnged
by n Spanish Edfct.

by n Spanish Edfct.
Correspondence of the Associated Press.
SAN JUAN DE PUERTO RICO, Nov. g.
The proceedings of the Spanish government
have, in some matters, been strange and
hard of comprehension. A case in point re-
Gently came to the attention of the writer
and, with the idea of obtaining the true
story Of the occurrence, an interview was
obtained with Mr.. Herminic Diaz. a prorni-
nent lawyer of San Juan and ex-president
or the Insular Chamber of Representatives
Mr.. Diaz kindly supplied the information
which is here set down:
Do, On July Is of the present year the Queen
regent or Spain issued q. royal decree (de-
creto read, by which it was ordered that
rsJroactively from the first day of May
1873. ana until the end of the then existing
war with the United States, ali civil proe
ceedlngs in the courts of Cuba Porto Rico
ana the Philippine islands should be null
thu Vold. Also, that all appeals to the Su-
preme Court Of the nation (Madrid1 from
decisions handed down by the Audencia of
Lotto H t should be suspended and void
curing this specified time Permission, how
ever, was granted to the governors general
OF Cuba and Porto Rico, acting in accord
with the ministers of these respective
Islands. and also to the Governor General
OF Manila, acting in accord with the Au-
lencla OF the Philippines, to modify the
rulings or this royal decree as circum-
stances, such as the partial occupation by
the Americans of Porto Rico. Cuba etc.
IIlsiI require: But this permission to modi-
~ did not affect the ruling concerning the
matter of appeals to Madrid; herein the de-
cree was absolute and unalterable This
royal decree was not published in Porto
hico until Sept 10 and the greatest hard
ship 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 1t or not, Mr.. Diaz
replied: 1.-The only rights held by the Span
ish government in this respect are those set
forth in Article 955 of the Spanish CONNER
cial Code, In which it is said that in time
or war, epidemic or revolution litigation
growing out of mercantile transactions may
be ordered suspended, it being requisite to
duly notify the Spanish Cortes of such or
der. The Spanish government, therefore,
could rot. by royal decree, abolish these
laws OF civil and criminal actions without
overstepplng 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 NAV have
been obtained under the law which is to be
set aside. 1t is distinctly not permissible
especially in civil matters, for any royal
decree to have retroactive effect as clear
~ does the decree to which we refer. Gen.
Macias who under statements in this said
decree, was allowed the exercise of his judg-
ment concerning its enforcement should
nave consulted with his ministers and pre-
vented 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 de-
cree, but because of the serious present AMI
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 constitu-
ton OF autonomy, lent itself to its promul-
cation. And this Notwithstanding that the
decree was not countersgned by the secre-
tary of justice. which act was necessary for
Its support. That Is, the fact that the secre-
tary of justice had not signed the document
was ample reason 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 trouble
and difficulty 1t would bring to the coun-
try, and OF his knowledge that it was is
sued after the war had ceased.
The effect of this ruling upon the coun-
try was extraordinary. 1t left Porto Rico
without courts of justice. AS 1 have pre-
viousiy stated in document set before the
insular government, 1t is impossible, under
this decree. to oblige criminal to appear
before his judges. All sentences given since
May 1 were revoked and the men serving
these sentences were set at liberty. AS for
civil proceedings, even at this day 1t Is use
less to take claims before our courts. I.iti-
cation can be started, but II very soon
comes to stop. Furthermore, and this is
the worst feature Of the case. 1t is a law
OF the country that all judicial decisions be
subject TO REPUTATION within period of time
more or less defined. Consequently, all deci-
sions handed down from May / until Sept.
. are null and void and the privilege of
appeal is destroyed. ] excuse myself from
the recital OF the long list OF lawsuits under
trial and being actively prepared that have
been annulled by this decree: also of the
many annoyances and damages 1t caused to
such men who had received certain deter
mined rights and privileges under the ruiz
ings of our courts since the first OF May
The decree Is still in force. but, we hope
that General Brooke wsll revoke Il In its
entirety and here correct. as he Il doing