New-York tribune., 1900-07-29
LAWS IN PORTO RICO.
REVISION ASKED FOR BY NATIVE AND
AMERICAN ATTORNEYS.

San Juan, Porto RICO, July WllHln the last
week meetings have been held by both the Porto
Rican and American lawyers in Porto Rico for the
purpose Of urging the Commission recently ap-
pointed by President Mckinley to revise the laws
of the island here at early date in order
to settle the many legal difficulties that exist and
to make many needed changes On this point all
elements are united-business men as well as law
yeTs.
The Foraker bill does not undertake to supply
complete system Of government. Beyond creating
the principal executive departments and providing
for a legislative assembly. 1t has not made any
changes in the civil and criminal laws OF Spain
which have been carried over by the orders OF the
late military government.
These laws entirely incompatible with politi-
cal progress and commercial development, and until
there is radical change it is useless to expect any
considerable investment of capital or improvement
in the peoples condition.
Although the Foraker law extends to Porto Rico
all laws the United States which are not locally
inapplicable every layman knows that the statutes
Of the United States do not undertake to regulate
the law of contracts, of property rights, domestic
relations. etc, except to limited extent in some
Federal territory. There are, therefore. few laws
OF the kind to be enforced in Porto Rico.
1t is fact not generally understood that every
contract made in Porto Rico to-day must be exc
cuted and construed according to the Spanish law.
Property is conveyed according to its unsatisfac-
tory regulations, and all business conducted
under and by virtue of the old laws.
In case of any controversies the native courts
must be appealed to in the great majority Of
cases, because the law in force has given to
the American court exceedingly limited turis-
diction. Even American citizens and foreigners
must subject themselves to the unfamiliar and un-
satisfactory procedure OF the Spanish courts In the
island If the amount involved in their controversy
is less than $1,000
In the matter OF taxation there seems to be no
limitation upon the municipalities and apparently
vil he non YyUOF fho r{cIa
There are now laws for the organization OF Joint
stock companies of the kind that exist in the va
rious States. There IS no law for the appropria-
tion of private property for public use which will
permit public corporations to carry desired I'M
provements.
The system of property records is as bad as 1t
can be. Deeds and documents affecting real es-
tate. no matter how important must be drawn by
a notary, who may may be a lawyer. The
register who copies such documents has com
plete control of the records and may carry them
about with him every time he moves his residence
These records are kept in files made up Of in
formal sheets, loosely written and poorly bound
1t Is marvel that any information can be OBJ
tanned from them a year two after they have
been made An American told the writer that il
3 nag required SIX weeks to execute a simple deed
The system of describing lands in deeds Is Of the
and no fixed monuments from which to comPute
10 GeScrlpe a tract OF ground as bounded upon the
various sides by the property of the adjoining pro-
without giving the distances courses
or such boundaries, or giving any common point
or Identification or measurement
NEED OF CONGRESS LEGISLATION
OF greater Importance than all OF these is the
establishment OF fixed and certain system of gov
ernment for the island by Congress. which viii de-
termine beyond question its status toward the
United States and provide certain necessary re-
forms with reference to personal and property
rights, which will be beyond the power OF the local
authorities to change or rescind.
Intel elhgent study is necessary for the adoption
here OF plan of government which will be suited
TO the people. The present laws are inconpa tibls
with American institutions and progress
Under the old laws the American Treasurer OF
Porto Rico is imposing and collecting a tax upon
importers None who fail to pay this tax which ia
an eNorbtant one may import goods into the ISL
and This is usurpation Of the powers and
functions of the Federal Government. which alone
Is charged with the collection Of customs and reg
ula ton of imports.
1t viii be the duty OF the Commission TO revise
the laws to provide an appropriate and inteIigble
system of laws which should extend at least the
civil rights provisions OF the Constitution to the
island. and which, when adopted BY Congress-
would be clear law similar TO those of the Ter
ritories OF the United States.
Not even the great advantage of free trade with
the United States will bring prosperity and proper
conditions without the adoption OF such a law
This can be brought about. In the Judgment OF all
In Porto Rico, only by the coming OF the Commits
sion to the island at an early date study condi-
tions here.