The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-04
STATUS OF PORTO RICO
Comptroller Tracewelrs Decision
Concerning Courts.
Declares Tint the Island Is Owned
by the United states, But That the
Constitution Does Not Extend to
Ii - Salaries of Judges to BE
Paid From the InsuIar Revenues.


Treasury Department, has decided that the
Constitution of the United States does not
extend to Porto Rico by virtue of the treaty
with Spain. He likewise holds that the
United States is the owner of the island
and has sovereignty over the people. al
| though neither the island nor the people
form an integral part Of the United States.
In addition to that he holds that the sal
aries and expenses of officers in the United
| States court in Porto Rico shall be paid
! from the revenues of the island. but all
! the receipts OF the court shall be turned
| into the Treasury of the United States. As
the revenues OF the court will be far in
excess of the expenditures, the result OF
the ruling is that the Porto Ricans will
have to pay the salaries for the court Of
| ficers, while the receipts must be handed
over to this Government
The decision was brought about by re-
quest from the Attorney General for rul-
ing as to the status OF the United States
Court in Porto Rico. In his opinion, Comp
troller Tracewell says, in part:
The insular government for Porto Rico
has made up budget purporting to pro-
vide funds for all the necessary operating
expenses OF the United States District
Court for Porto Rico. The insular au-
thorities are also of opinion that the act
of Congress temporarily to provide reve-
nues and a civil government for Porto
Rico imposes upon such government the
duty Of providing support tor the oper-
atiug expenses of said court, and carries
with 1t the corresponding right to require
its officers to report to and account for
all their receipts and expenditures to such
island government.
The determination of the questions in
volved requires the consideration OF the
status of the District Court of Porto Rico.
Is it a local court of Porto Rico or
| United States court located in Porto Rico?
Porto Rico was acquired as the result
of the settlement of our late war with the
| Kingdom OF Spain, and it was acquired by
| the United States by virtue of the provi-
| sions of the Treaty of Peace between this
Government and the Kingdom of Spain. 1t
is quite evident from reading Of the en-
tire treaty that there was no intent on the
part of the treaty-making powers to ex-
tend by that instrument either the Con-
stitutio2 of the United States or its stat
ute laws over this ceded territory.
1T (the treaty. became the supreme law
of such acquired territory. At the con-
clusion Of the treaty Congress had author
ity TO enact for the government of this
acquired territory all such laws as il
deemed suitable and necessary TO the ca
United States. by the act of cession, be
came the owner of the island. but such
island nor its people did not by the mere
act of cession become an integral part of
the United States.
THE act providing for civil govern
ment for Porto Rico extends the statute
laws of the United States not locally
inapplicable. except as in the act other
wise provided. over the island Of Porto
ID
States relative to the district courts of
the United States are not, so far as l
am advised. inapplicable to a United
States Court in Porto Rico. unless made
inapplicable by said Porto Rican act.
THE act establishes this court as a
part of the Federal system of district
courts. and would seem to make it ap-
propriate, indeed necessary. to refer to
the general laws of the United States
governing such courts and their officers.
in order to ascertain the rules and
limitations of its procedure. The act in
question differentiates this court from
other United States District Courts
either in the States or Territories, in
that the salaries of its officers. including
that Of deputy marshals. shall be paid
out of the Porto Rican treasury: also
that the expenses of all these officers.
whatever tkey may mean, shall also be
THE question left for determination is.
Arethe ordinary operating expenses of this
court included in the expenses of the Off
ces OF judge, marshal or clerk. or their
assistants or deputies? The judge is one
of the officers Of this court; as likewise are
the clerk and marshal; and the law pro-
yides that the expenses Of their offices shall
be borne by the treasury of Porto Rico. The
court itself is not an Office. 1t is not the
Judge, the clerk or the marshal. II is the
aggregate of all these officers and their help
and assistants. II is an organized body
composed Of all these officers and their Of
fees.
at is reasonably certain that under the
terms OF the Porto Rican act but one class
of deputy United States marshals is pro-
vided to be appointed by this court. namely,
a class Of deputies TO be paid salary out
OF the Treasury of Porto Rico.
Il am of the opinion and decide that all
the operating expenses Of this court should
be paid by the United States, that the fines.
costs, and fees charged and collected by
the marshal should be paid into the Treas
should report TO the Attorney General of
the United States required by law and
account to the accounting officers of the
United States for all his receipts and ex-
penditures relative TO the operating ex-
penses OF this court. that the deputy mar
shals shall be paid their compensation from
the Treasury Of Porto Rico and that the
Department of Justice is required to fur
nish Marshal Wilson with all necessary
blanks for his office"