The times., 1900-12-25
TIE PORTO RICAN COURTS.
Changes Since the Island Came Into
Our Possession.

tlce in the supreme Court OF Porto RlCo,
and furthermore the same judge is ex-
pounding the law accorei ing to the Span
ish or Justianian code
When President Mckinley decided to
appoint an associate justice of the Su-
preme Court in our insular possession, he
offered the place to Judge Louis Sulz-
bacher, of Kansas City, Mo. The offer of
the President was reluctantly accepted by
the judge, as his law practice was more
remunerative than the salary attached to
the place IN Porto Rico. The pride of be-
ing the first American judge led him to
accept the judgeship.
Judge SulZbacher was born in Europe
in the Bavarian Palatinate ffty-eight
years ago. He was educated at Frank
fort-on- the Main, where he received his
legal training. In early manhood he
came 10 America and went direct to New
Mexico. He is familiar with the Span
ish laws and speaks that language fluent
ly. as well as half dozen other modern
languages. He practiced in New Mexico
twenty five years. few years ago he
moved to Kansas City. Mo-. to educate
his children. He stiH retains a practice
In New Mexico. He is member of the
Missouri bar and was appointed from that
state. Juage SulZbacher recently visit
ed his family in Kansas City. He left for
San Juan, Porto Rico, to assume his du-
ties last week. Before leaving the city
the Judge, speaking of the courts of Por-
| to Rico, said
Our tribunal. the Supreme Court, is a
court OF CESSATION We expect that the
Legislature which convenes next January
| will make it a court of appeals also
Under the Spanish system the judicial
tribunal consisted of municipal judges.
judges Of the first insta rce and territorial
audience-the court of last resort in Por
TO Rico. When the Government of the
United States took possession of the island
Brig Gen. G. W. Davis enacted a code of
laws styled general orders, which in ef-
fect and operation altered modified and
repealed many of the Spanish laws hereto
fore IN vogue in Porto Rico, affecting
chiefly the mode of procedure and con-
forming and corresponding as far as prac
ticabie to our American institutions. The
| mode of procedure in Porto Rico will un-
doubtedly be changed by legislative enact
| ments or by the commission to revise the
law created under the act OF Congress. /
am informed that in the Trinidad Islands
which belonged to England for over 100
years, there still prevails the law of Spain
under an English procedure.
toned, the judicial system Of Porto Pico
was reconstructed. the Spanish courts abol-
ished, and new tribunals established.
| namely municipal courts and district
courts with three judges each. and a Su-
preme Court of Justice with five judges.
The act OF Congress OF April II, 1900, es-
tablishing temporarily a civil government
for Porto Rico. adopted the same courts
and tribunals.
THE language of our court is Spanish
My associates are all men of ability and
profound learning, and possess the highest
degree Of intelligence. They held. for many
years Judicial Offices under the Govern
ment of Spain. Like almost all Porto
Ricans. they are graduates of universities
Of Spain, where thorough collegiate and
legal training are conditions precedent TO
obtain diplomas.
THE American lawyers in Porto Rico
have not appeared before cur court. but
corfne themselves TO practice before the
United States district courts, an American
| tribunal. Some of them, however, are ap-
plying themselves to the Spanish language
to such a degree that they viii soon be
enabled to appear before our court
Judges and lawyers still wear the old
black silk Roman tcga. Lawyers do not
| arise when arguing cases. The appellant is
always seated in front Of and TO the left
OF the bench and the appellee on the op-
posite side. The opening Of the court is
different from that in the United States
The judges take their seats on the bench
first The bailif summons the clerk Pub
lie session is thea announced, together
with the proclamation of the particular
case before the court. The bailif, or crier.
in loud voice summons the attorneys and
then the audience is admitted
Shortly after taking my seat on the
bench, criminal case came before our
court. in which the State. the prosecut-
ing attorney, was the appellant, con-
| tending and insisting that the punish
napf nj - 81,
were insufficient. and that our court
should increase the penalty. There is
scale of punishment for every crime pro
vided for by the penal code. This was
| naturally somewhat novel to me and |
took the matter under consideration be-
lieving that perhaps it was violation OF
the Constitution to place defendant
twice in jeopardy. Very soon however |
discovered that the court, Under the Por-
to Rico system, has a right to impose a
higher punishment or reduce it. without
any additional or new trial in The court
below. Every death sentence must ipso
facto be passed upon by the Supreme
Court
The officers appointed to Porto Rico
have no sinecure, | assure you, but hard
work and great responsibility There
were no preeedents to follow Governor
Allen. who has the most arduous task,
readily grasped the situation and the nov
ei conditions and proved equal to the
emergency incidental to the now posses
sion of such peculiar character. He sur
prised the people by making a personal
tour of inspection through the island The
military wagon roads had to be abandoned
and often indistinct trails taken instead
riding on horseback, followed often by
pack animate carrying z tent and provi-
sions, only accompanied by an interpre-
ter In this manner he visited the re
| motest settlements and met all classes of
people. 1t had never happened IN the an
nails of Porto Rice during the 400 years
of Spanish rule that Governor General
should visit the hunblest citizens in their
seclusion. Governor without escort
without sword, epaulets. and other insig
mia and paraphernalia, but clad like all
other mortals, was a surprise and revela-
tion to them. These visits impressed the
people with the simplicity of our insti-
tutions the conception of a Republic not
detracting. however. from its magnitude
and greatness. But the Governor was not
allowed to sleep in his tent for the hOspi-
| tality Of the Porto Ricans should almost
be proVerbial Our SUCCESSORS in Porto
Rico viii have much easier sailing.
THE climate is enervating but tie
nights are cool, and I never suffered in
| that respect; but the three hours OF daily
session of court frequently proved very
| tireson.c. / would rather be six hours in
court here.
THE people of Porto Rico are willing to
| accept our superior American Institutions
l have been treated exceptionally well by
the Porto Ricans. and am much pleased
with their chivarous and hospitablc man
| ners. Although the island is small it Will
sford ample opportunity for American
capital in the way O. fruit raising After
we get a faster line OF steamers there is
no doubt that Porto Rico will supply the
United States with oranges, bananas. and