New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-15
THE CUBAN LAW COURTS.
AN INTRICATE TASK TO READJUST THEM
TO NEW CONDITIONS.
TIE SPANISH SYSTEM AND DIFFICULTIES THAT
MAY ARISE UNDER AMERICAN CONTROL.

Havana January T. 1899.
Cuban law courts are in worse snarl than
other branches Of civil administration. TO I'M
ravel them is an intricate task. Colonel Edgar
Dudley who as Judge advocate, is charged with
this duty. finds II necessary to proceed slowly
There is no expectation that under military
administration either the laws or the court pro-
ccdure will be changed. All that can be done
Is TO administer under existing laws, and to
correct some gross abuses.
During the last year OF Spanish rule Cuba
had the form, though not the substance, OF home
rule in its law courts. There was Department
Of Justice with secretary who was men,
her Of the Autonomist Cabinet. This officlal
had little resemblance TO the Attorney General
In the United States. The difference between
the Spanish system Of laws as adopted from the
Code Napoleon and the American system OF
Jurisprudence Is sufficient explanation. The Sec
rotary of Justice in reality an admnistra-
tive official In the concession OF autonomy
Spain conceded the appointment OF judges when
had been jealousy guarded as the prerogative
OF Madrid. The machinery OF administration
was not in full operation in Cuba during the
period Of supposed autonomy. The form OF 1t
was set up and this skeleton passes to the
American military authorities.
UNRAVELLING THE SNAIL
Colonel Dudley on taking possession Of the
department OF Pardon. Justice and Govern
ment" as II was officially designated. found that
II was subdvded into eight branches. the minu-
te of whose functions baffied the understand
ing All there was to the department was
surplusage Of employees. The majority OF them
had not been able to draw their salaries for a
long time 1t was no hardship for them to have
their services dispensed with under the new
regime That process is going on in all the de-
partments. The next step is to reform the
methods that justice may be dealt out to In
dIviduals with some degree OF promptness.
Neither habeas corpus nor trial by jury exists
under the Spanish law. The people are not
ready for either Military authority is not likely
to concern itself with these questions. 1t can
correct some of the abuses in administration
which have worked so much hardship. That is
all tina, will be attempted for the present.
When the Evacuation Commission came 10
Havana IT was accompanied ny legal advisers.
This law commission, II IL might thus be called
IN addition to looking after the legal phases OF
the evacuation, made a study OF the system OF
Jurisprudence that prevailed. All the colonial
laws OF Spain were translated into English. A
bare translation OF a code OF laws would not
give much information. and ii is presumed that
intelligent comments were made The College
OF Abayados, Bar Association. of Havana,
invited to offer suggestions for changes In
the laws The College OF Abayados is composed
Of Cuban lawyers, the majority OF whom are
radical champions OF independence. They re-
ceived the proposition with dstrust. seeing In II
a scheme for immediate annexation Or. Gener
the president OF the association. favored the
plan. He was defeated for reelection on this
issue. and Mendez Capote was chosen In his
Etead. Since then the Havana Bar Association
has not been of much in improving the law
practice.
COURTS UNDER AUTONOMY.
II " yet question how far Inherited litigation
When autonomy was established the Madrid
Government conceded certain functions to the
courts In Cuba which had been withheld
limit placed on the appeal OF cases to the
tribunals in Spain. The Audencia as the highest
judicial tribunal in Cuba is called became a body
OF some importance IL is known az the SUI
preme Court OF the island though In reality
nothing more than an Appellate Court One OF
the questions which may prove troublesome has
been raised. This Is what Is to become OF the
Cuban tribunals. The ending OF Spanish sover-
pigDty left them suspended. Litigants who
have appealed are not going to be satisfied TO
have their appeals concluded In this manner
General 10 "a nd