Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-11-13
LEGAL REFORMS NEEDED
Porto Rico and Cuba Suffer Now From In
equitable Spanish Statutes.
suggestions as to Necessary Changes
by One Who Has Studied the Situa-
ton and Burdens on the People.

1t is evident that the administration is Sc
riously considering the matter of establish
ing civil government in Cuba and Porto
Rico. and consequently the situation in
those islands is just now being actively dis
cussed. The following statement as to the
character of the laws now III force in the
nearby islands and the needs of the peo-
pie for reformatory statutes has been given
to The Star by one who has closely studied
the conditions in the islands and has had
access To the records obtained by this gov
eminent in its effort TO rehabiiitate these
regions:
From official sources. the report of insu-
lar commission, the Philippine commission
and from the military governors of Cuba
and all other ways. it can be readily gath
cred that there are many laws in all of
the islands which are so rcpugnant to our
fundamental principles of government and
in the road of all prosperity for the
mass of the people that they must be
placed by good American laws. These
changes must be made before civil govern
Ors can accomplish any reform in civil
affairs. Some changes have been made, but
many more are needed
The clergy are no longer paid out of
public funds. but they still remain in con-
troll of church property schools and all the
GENE teries on the Islands. Under the law
cemeteries have been paid for and improved
with public money. and all persons ought
to be entitled to equal burial privileges but
the grounds have been all "ConseCrated''
and none but good Catholics are entitled to
he buried in "ConseCrated ground" so there
IS no place but the sea for a Protestant.
4 heavy tax IS also imposed and MANY are
too poor to pay 1t. This tax is kept up
even after burial. and If not paid each year
the bones are dug up and piled in the
Done yard in one corner. or thrown over
the wall, and another body IS placed in the
grave, provided the friends of the deceased
can pay the tax. This law and these prac-
tees are still in vogue.
The tax law is framed to exact the
most revenue. 1t is unequal. unjust and
burdensome in the extreme. and is enforced
with great partiality and favoritism. 1t is
not based on values. but on ability to col
lect. The whole system must be changed
Besides, in Porto Rico the nonresident
owner must pay double the usual rate
This is not confined 10 aliens, but applies
to Americans and all who do not actually
1--we on the island. This is not encouraging
10 American capital. 1t is wrong in princi-
pie and contrary to our ordinances of 1877
and the organic acts of all our territories
whereby such Determinations We're prohib-
tied.
There is a crying demand for a more
and complete school law. providing for
American schools. American teachers. both
for children and adults
The courts do not possess the con-
ndence of the people. The Judges are
openly charged with favOritism and cor
ruption They are dilatory in trying cases
Judges and even other officials can order
arrest without charges and can hold at
pleasure without trial The iails are fun
Of prisoners who have been held for months
and years with no attempt to try them.
Al the pleasure of the judge committing
officer prisoner can be held in solitary
confinement, and no one allowed to see
him, and he is allowed to see or commune
cate with no one. Some persons are thus
arrested and confined and their friends do
not know what has become of them A
sentence for term of years for life
may, and sometimes does, include being
chained down and shackled. Gen. Henry.
by peremptory order. had the chains
stricken from several in San Juan iaiI, but
the law remains in force.
There is no such thing as the writ of
habeas corpus known to their land, ana
with the legal right vested in a single judge
to imprison at his pleasure without giving
his reasons. no other judge could release if
a writ was authorized. The law must be
would be futile
a prisoner HAS no compulsory process for
his witnesses.
The theory Of the Spanish law is that
every man charged is pronounced guilty,
and he must prove his innocence.
There Is no uniformity in the decisions of
the courts, the laws are not Codicd they
made up Of various "royal DEGREES -
and are hard to understand, and it is Gi;fi-
cult to tell what is the law now in force.
The supreme court decisions are not pub
lished. but are filed away without any in
dex of subjects. so each judge decides FOR
himself and the supreme court decides
each case without reference to what has
gone before. Such system would work
utter confusion in this country.
None but "nOtaries'' can make deeds or
mortgages: they are very few and charge
excessive fees. The whole system of re-
Cording titles is defective and extortionate.
Marriage has been so expensive that over
half the children are born out of wedlOCk
and parents live together in disregard OF
all form of marriage. There is no divorce
law at all except for adultery, and on the
part of the husband that must be accom-
panied with scandal to be a cause for
divorce.
There is no redemption from the judicial
sale of lands and no minimum limit. The
property can be sold by the sheriff for
what it brings, and that is the end.
Municipalities have practically a free
hand at taxation. They have been in the
habit Of taxing the necessities of life bread
meat milk and all kinds Of provisions Civ
ing monopoly 10 some favorite Of the city
markets.
Franchises for post roads &c, are given
out to the lowest bidder that IS, to those
who will build for the least guarantee of
profit by the state.
General public roads from the interior to
the seapOrts are almost wholly neglected
Taxes are levied and collected for this pur-
pose, but are generally consumed In paying
salaries.
These are some Of the things that should
be remedied before a civil governor Is
put in charge. Imagine an honest Ameri-
can governor enforcing those laws and try
ing to give an object lesson of good gov
eminent, The President has had a full
code Of laws prepared for Porto Rico by
the insular commission, and with those
promulgated (and similar ones for Cuba)
and a wise civilian as governor and other
officers sufficient to keep control and teach
American methods, good results may be
expected.
The Presidents policy IS full compre-
hensive and wise. and when understood it
will be approved by the people of the
islands and Of the United States.
JURY'S AWARD.