Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-01
THE CUBAN COURTS
Reconstruction Of the Judicial sys-
TEN in the Island.
Z
GEN. BROOKE'S DIFFICULT TASK
Some of the Pecu'iarities Under
the Spanish Law.
\ PERSONAL EXPERIENCE
copyrighted, 1899, by Charles NJ. Pepper

copyrighted, 1899, by Charles NJ. Pepper.)
Written for The Evening Star
Governor General Brooke and his Cuban
advisory cabinet have taken hold of the
most intricate task that confronted them
Ihls was the reconstruction of the judicial
system and the reform in the laws of the
Island. 1t is quite probable that after
trial some of the reforms will not prove so
valuable as anticipated, and that many fea
lures of the Spanish law which now
discarded will be restored, but that there
was necessity for changes everybody will
agree. The Spanish lawyers and the Gu
Dan lawyers as rule think that the Latin
law Is for the Latin countries superior to
the common law. They are not apt to
welcome radical notifications, but so many
gross abuses had grown up that the en-
hghtened ones among them are certain to
take advantage of the opportunity for re-
forms that are absolutely essential The
hrst need was in the administration of
Jusuce rather than in the laws themselves.
Inns necessity was met by a thorough re-
organization of the judicial tribunals, so
that by this time nearly all the old judges
have been displaced
The American authorities have created
supreme court for the entire island. This
takes the place of the former court of
appeals In Spain. Under the Spanish rule
Cuba was divided into two audiencias or
appellate courts. The eastern court had
Jurisdlctlon In the provinces of Santiago
and Puerto Principe, but the chief court
held Its sittings in Havana. When Gen.
leonard wood reorganized the courts of
Santiago he created a supreme court for
mat province. The same thing was done
by Gen. Carpenter in Puerto Principe
These courts had the notion that they were
supreme in themselves and had intimated
tnat tnere would be a conflict of juris-
dlcton II higher body were created. But
the supreme authority in Cuba and the
only supreme authority is the American
mlhtary power. 1t having created a court
VI last resort. Tor the whole island the
tribunals in Puerto Principe and Santiago
VIII take the hint and respect the supreme
court.
Thfrty-Three Judicial Districts.
The island is divided into thffty-three
judicial districts, and it is probable that
this division will continue, as it is a fairly
convenient one Each of these districts has
what is known a judge of the first in
stance or as he would be called In the
United states a superior court judge. or
lower rank are the municipal Judges who
are more numerous. Sometimes the munich
pal judge Is also judge of the first in
stance. Each of the six provinces of the
island mas criminal court, or Independent
audiencia, of its own. Appeals We're taken
from these criminal courts to the criminal
nranch OF the audiencia at Havana. The
provinces are not considered in them
selves as judicial circuits. The thirty-three
partidos or districts are the real basis,
though the territorial division is made to
conform to that of the provinces
Court proceedings in Cuba are very for
NAL and stately. The lawyers, as well as
the judges, appear in their gowns. Argu-
ments are made with great preparation,
and there is an excess of courtesy on the
part of the opposing attorneys. Neverthe
less they are like lawyers everywhere, and
they do sometimes forget themselves and
abuse one another before the judges. The
judge takes it all serenely 1t is part of
their excitable Latin nature, and it passes
away much more quickly than with the
Anglo-Saxon lawyers when they abuse one
another. While under the Spanish rule
the courts never lacked outward dignity,
and while the proceedings were very pune
tlious and formal, the great lack was that
the proceedings We're of little account IN
less the judge had listened to arguments
off the bench. The lawyers would make
elaborate and eloquent pleadings, but IN
less their client had arranged for graft
ficatiOn" they knew that the soundness OF
their arguments cut little figure. And they
could never be sure that the qualification
of the opposing side was not greater than
that which they themselves could offer.
The corruption of the bench under the
Spanish rule was shameless. 1t was the
first thing that the American authorities
sought to correct by securing honest
judges.
1t is no easy matter to be a lawyer IN
Cuba. The first requirement IS collegiate
education. The applicant for admission to
the bar had to have bachelors degree
from the University of Havana or from
some other university. Then he has to
take a five wears law course. Formerly
to obtain the bachelors degree in the first
place at least five years study was neces-
sary, and this, with the regular law course,
made ten years preparation. In prac-
tce the requirement was not quite Sc
we're because the bachelors degree could
be obtained at an early age. A boy Of
sixteen usually had passed through the
preparatory stages of the colleges and Sc
cured his degree. However, it was not ex-
pected that a young man would really be
practicing at the bar until he was twenty
five years old. The Spanish law regarded
the age of citizenship at twenty-five years
instead of at twenty-one, as in the United
States.
American Lawyers start Practice.
After the American occupation number
of American lawyers hung out their shin
giles in Havana. In Porto Rico Gen Henry
refused permission for American lawyers
to practice unless they could meet the
Spanish requirements In Cuba more
liberality was shown. The American law
yers, however. have not done a lucrative
business. All that most of them could do
was to find American clients and then get
Cuban or Spanish lawyer to conduct
the case for them. 1t was a surprise to
most of these American lawyers to learn
that the Spanish and the Cuban lawyers
We're familiar with the principles, if not the
practice, Of the common law. In the West
Indies the conditions have not been such
as to call for specialization of the law.
and most of the members of the bar could
advise on anything from a controversy in
the police court up to the delicate provi-
sions Of International law. 1t is probable
that the Havana bar has a larger number
of highly educated and cultured LAWYERS
than any city of the same size in the
United States or in Europe. Many of them
studied on the continent and the leading
ones have an international practice
Under the Spanish system it is more
profitable to be a notary than to be a
practicing member Of the bar The notary
must have a legal education, but the re-
quirements not quite the same as to
be a practicing member of the bar The
notaries We're appointed by the govern
ment. In the Havana apdiencia there were
twenty of them. Theaincome of several
was in excess of $40. a year, but it must
be understood that the Spanish notary has
little relationship with, the notary public
of the United States. His signature and
seal were the important things in attest
ing documents and proceedings. and in liti-
cation much weight WAS attached tn tho