The evening times., 1899-06-21
AMERICAN COURTS
FOR lORTQ RICANS
Recommendations of the Insu-
lar Commission.
Spanish System Of Jurisprudence
to Be Displaced.
Trial by Jury to BE Established md
Secret Prosecutions to He
Abandoned.

The report Of the Insular Commission
which will be made public in few days
after commenting at great length on the
| iniquity and corruption of the Porto Rican
courts under Spanish rule, makes the fol-
lowing recommendations in regard to the
administration Of justice in the island:
From what has already been said in
this report Of the Spanish system and the
working of the courts. the delays in pro-
ceedings, and the lack of confidence pos
sessed by the people In obtaining justice
therein. the necessity for reform in this
regard is evident. So manifest is this that
the judges and the secretary Of Justice,
though protesting against any changes
which we may propose being made, admit
the urgent and pressing need in this res
pect.
| I'VE therefore recommend that the mu-
nicipal judges. corresponding to our JUS
tices of the peace. be given a larger juris-
diction over minor offences. and in civil
matters over controversies involving less
/ than 500, and that in larger places they
be increased in number. giving the right
of appeal, as in the States, and that COM
pensatiOn be from fees clearly prescribed
much of the smaller classes OF controver-
sizes. civil as well as criminal; also permit
ting them to act as committing magistrates
in certain cases.
That the judges of the first instance, or
judges of instruction, VINO now make only
IN ex parte examination of criminal Of
fences, taking the place of our committing
magistrates and the grand jury. reducing
. all to writing and making recommend
ny,Ir, ,-t,. ~
-iven Jurisdiction to hear and try the cases.
make decisions, and impose penalties. re-
serving the right of appeal to the defend
ant, and In cases not appealed, the sem
tence to be final, and TO be carried into
execution.
Where information Is LODGED against any
person by competent witnesses. the de-
fendant shall be put on trial at once and
be heard in open court. prohibiting all Sc
cret sessions after the charge is once made
and filed in due form. No case shall be
taken cognizance of by the court until an
information is filed supporting the charge
with facts showing at least probability of
guilt OF the person charged. thus prevent
ing an injustice bein done the accused and
congestion of the 'iocket of the courts.
THE courts ar san Juan. Ponce, and
Mayaguez, called courts of audiencia,
should be continued as courts of appeal in
criminal cases, Llino- civil causes and of
original jurisdiction Of civil causes and of
felonies, with one judge instead Of three.
appeals 10 be both on questions of law and
fact, with trials de noyo on questions OF
fact. saving to the defendant in criminal
cases the right OF appeal TO the supreme
court, except in cases of appeal from the
justices of the peace TO this court in
which case their decision shall be final.
But no trial de novo of questions of fact
shall be had in the supreme court except in
equity suits, those proceedings TO be sub
stantially in accordance with the practice
in the courts of the United States.
"Inasmuch as vested rights in lands and
other contracts made under the old law
must be determined under its provisions,
except in cases where the law is found so
clearly contrary TO equity and public policy
as 10 justify its being regarded there
should be some members of the supreme
court who are conversant with those laws;
and again. as the laws hereafter to be en-
forced based on our system Of jurisprud
ence with which they have little or no
familiarity must also be construed, il is
equally essential that there should be some
members OF this court who are already
conversant with the new system. We
therefore recommend that a new supreme
court be constituted. composed OF five
members, all to be of the highest stand
ing. That the old laws heretofore in force
in Porto Rico be printed in the English
language. and that the new laws be print
ed in both the Spanish and English Ian
guage. and that these be- so far as prac-
ticable, codified and printed in book form
in sufficient quantities for general use on
the island
Further recommendations are made as
follows:
THAT there be also appointed a supreme
4
opinions of the court be printed in book
form on the basis OF the plan in the Unit
ed States. That the said statutes and re-
ports be printed by the Government, or
by contract to the lowest bidder. and that
they be sold TO the general public prac-
tically at cost that an attorney general
and one deputy be appointed, the first TO
be an American and the second TO be a
Porto Rican. both lawyers of high stand
ing; that the force of clerks and attaches
of all these courts be cut down TO the low
est number consistent with the good of the
public service; that one marshal. who shall
be an American. for the present, and as
many deputies as may be necessary, who
may be Porto Ricans. be appointed.
In addition to the courts above speci-
fed. we recommend that there be estab-
lished a system OF courts to be designated
as Federal courts, with like powers and
Ol tHOSe III tue Stdtes anu lSi-
ritories of the United States. with the ad-
ditional right of transfer by litigants from
any other courts. and the option to every
plaintiff to begin his suit when 1t is desired
in the federal court of his district.
I'VE recommend the establishment of
three such courts, one at San Juan, one at |
Ponce, and the third at Mayaguez or Ag-
uadilla, to embrace the same territory as
is included in the courts now existing at |
yIa with lie
trict judges, who shall preside at each of |
the above named plaees,sa marshal or dep |
uty at each court and a clerk or deputy |
and district attorney or deputy.
These federal courts. to have original |
jurisdiction concurrent with the other |
courts of the island, in civil criminal. and |
probate matters, and exclusive jurisdiction !
Of cases involving Federal questions. and |
Of like questions, as in the United States |
Federal courts in the States writs of ha-
beas corpus. injunctions. and mandamus; |
that in law cases involving questions of |
fact, and in criminal cases amounting to |
felonies, trial by jury shall be awarded |
on demand of either party in civil cases. |
and in all cases Of felony. said jury to be |
drawn by lot by the clerk from the names |
Of competent. intelligent. and honorable |
men. selected throughout the body of the
district by the marshal or his deputy in at
tendance at the court. substantially as in |
the United States.
Criminal cases originating in these
courts shall be by informations signed and !
sworn to by the attorney general or his I
deputy or the district attorney, based ON |
his knowledge or affidavits filed with him. |
which shall be sufficient in his Judgment to |
warrant the belief of the guilt of the ac- |
cused
Appeals may be taken from these courts |
to the supreme court substantially as in the |
cd fafa The of