Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-28
Foundation Of Good Government
Rests in the Laws and Courts.
fHAT is GENERAL WOODS BELIEF
The Revision Commission and the
Work It is Doing.
SOME REA ALTON
Copyright. 1900. by ]. D. whelpleyS


Special Correspondence Of The Evening Star.
HAVANA, February "a. 1900.
Governor Wood has held from the first
that the foundation of all good government
in Cuba rested on the laws and in the
courts, and he has never hesitated to ex-
press the belief that the present laws must
be modified and the legal methods changed
before much else could be done in the way
of reform the building up Of the cuban
republic. In pursuance Of this idea he lost
time after succeeding 10 the control in
Havana in appointing a commission to re-
wise the laws and the methods of court pro-
cedure. and he Is devoting much of his own
great energy to correcting the abuses which
exist under the old system and to the en-
deavor to formulate a new way of doing
business which will be at least approx
mately in accord with the American idea Of
quickly dispensed and evenly distributed
justice
in four courts. The lowest is the municipal
court. which corresponds somewhat to the
court OF the justice of the peace in the
United States. This court has civil juris-
diction in cases where the amount involved
is under 500. and criminal Jurisdiction in
that class Of offenses known in the United
States as misdemeanors The next court
above Is the court of first instance. as
1t Is called In It's civil Jurisdiction. and the
decision of this court in civil cases appealed
from the municipal court is final. In its
CT lmina1 jurisdiction this court Is known as
the court of inquest. but 1t has no power to
try cases The judge of the court of in
quest makes the preliminary investigation
of all criminal charges. and IL the case be
small, hands 1t down to the municipal court,
and If 1t be of grade approximating a
felony. sends it to the audiencia, the next
court above.
The Audiencia.
The audiencia Is the trial court Of all Grim
inal cases where felony is involved, and is
also the court to which an appeal is taken
In civil cases originating in the court of
first instance There Is an audiencia in each
one of the six provinces of the island.
Above the audiencia Is the supreme court of
Cuba. which Is the court of 'ast resort in
all cases which can be appealed to its final
jurisdiction. In all the Island of Cuba,
therefore. there are but six courts which
can try person on a criminal charge,
and the difficulties of communication be-
tween different parts of the island agra
waite this condition to a serious degree. 1t
is not, however. the limited number of
courts which has produced the shocking
conditions in the prisons so recently fully
disclosed to the pubic The method of pro-
cedure is largely to blame. being slow and
tedious. but the great defect Of the judicial
system of Cuba is the subordination of the
judicial function to the governmental, ard
this is accomplished through the agency of
an official known as the fiscal
The Judge of the court of inquest dis
charges the duties performed by the COM
hitting magistrate and the grand Jury i'll
the United States. He summons and ex-
amines witnesses without the knowledge of
the accused his counsel. The results CT
his investigation are Transcribed and the
case passes into the hands Of the fiscal"
the most important person in the legal sys-
tenn of Cuba. He occupies a position the
nearest to which known in the United
States Is the prosecuting attorney. The
fiscal can indict the accused and bring him
to trial can ignore the charge. In some
cases. where he consents to trial. he can
prescribe the limits within which the court
can act. and in all things he IS subject to
The fiscal Of the supreme court, who is
really the representative Of the govern
ment and not Of the law
Under such a system the question Of in
nOeence or guilt does not enter into the
situation If the government officials have
reason to absolve or convict for personal or
political reasons. People were allowed to
! time than the maximum punishment pre-
| scribed by law for the ofrense with which
they were charged. Those who could bring
| financial or political influence to bear could
escape prosecution Those who were inno-
cent. but who had incurred the displeasure
OF the authorities. could be kept In prison
for an indefinite time In fact the legal
system OF Cuba was. and Is yet, merely q
part of the machinery OF a despotic gov
eminent. a one-xnan power. acting to the
injustice Of all and the prostitution Of pub
| lie policy.
The nsvf.3on Cnun ~R.ssou