Evening star., 1900-10-03
Fines, Costs and Fees Collected by
Porto Hcan Marshal.
ACCOUNTABLE TO ATTORNEY GENERAL
Controller TraceweH Discusses Con-
gressionaI Action.
ISLANDERS STATUS FIXED


ury. has rendered long decision regarding
the United States court of Porto Rico and
its officers. The decision is based on the
following state Of facts:
The insular government for Porto Rico
has made up budget rurporting to pro-
vide funds for all the necessary operating
expenses of the United States district court
for Porto Rico. including salaries Of its Of
ficers, deputies, assistants and other help,
said operating expenses and salaries to be
paid entirely out Of the insular revenues.
The auditor of the insular government
has prescribed system of accounting, en-
bracing receipts and expenditures by such
marshal, to be reported to and accounted
for to such insular government.
The insular authorities are also Of opin-
ion that the act of Congress providing rev.
enues and a civil government for Porto
Rico imposes upon such government the
duty OF providing support for the operating
expenses Of said court. and carries with 1t
the corresponding right to require its Of
fcers to report to and account Tor all their
government. -Four deputy marshals have
been selected by the judge of said court,
three Of them being presumably field and
one Office deputy. The outfit Of books and
blanks for the conduct Of the marshal's Of
flee has been sent by the Department Of
Justice. many Of which the marshal deems
unnecessary, as he understands he Is not
required to report to the Department Of
Justice or account to the United States
accounting officers.
The questions involved are as to the pay
ment OF these deputy marshals, the dispo-
sal Of the funds earned by them; to what
authority the marshal should report and
account for the disbursement of funds COM
ing into his hands. and the use and supply
of books and blanks needed for his office.
In his decision the controller says that
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treaty OF Paris, and adds:
Status of Porto Ricans.
''1t is quite evident from reading Of the
entire treaty that there was no intent
the part of the treaty-making powers to
extend by that instrument either the Con-
stitutien OF the United States or its statute
laws over this ceded territory. While there
is q conflict Of authority on the PROPOSE
ton, the consensus Of the best legal thought
of the day holds that under such circum-
stances the people OF the island on the
taking effect Of this treaty and until fur
ther action by Congress were exclusively
under the laws Of the former sovereignty
where those laws were not In conflict with
the terms of such treaty. and the military
laws of the United States by virtue of our
occupation of this island as conquerors.
wherein they were not in conflict with the
terms and provisions of such treaty.
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 ac-
quired territory all such laws 1t deemed
suitable and necessary to the capacities
by the act of cession, became the owner of
the island, but such island nor its people
did not by the mere act of cessfon become
an integral part Of the United States.
Congregational Action.
1.-The treaty makes no provision whatever
for judicial system for Porto Rico. Con-
gress having sole and ample authority to
enact all laws necessary for the govern
ment of Porto Rico and it's people, We must
necessarily look to congressional action for
our guidance as to what IL any laws of the
United States have been extended over
Porto Rico, and what particular provisions
of law have been made by Congress rela-
tive to the court.
..The act providing for a civil government
for Porto Rico, by section IA. extends the
statute laws of the United States not local
ly inapphcable except as In the act other
wise provided, over the Island OF Porto
Rico. The statute laws of the United States
relative to the district courts of the United
States are not, in so far as am advised.
inapplicable to United States court in
Porto Rico. unless made inapplicable by
said Porto Rican act
"It cannot be doubted that section "a Of
the Porto Rican act created United
States court and makes federal district
section Il extends the statute laws Of the
United States over Porto Rico wherein not
modified by the act.
..The act in question differentates 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 offices, whatever that
may mean, shall also be paid out Of the
Porto Rican treasury.
1.-The fact of this differentiation Is made
reasonably certain by the last clause Of sec
ton SO Of the act.
Just what items constitute the expenses
of these offices Of judge. marshal and clerk,
or of their assistants, deputies and help.
which the court is authorised to appoint by
the terms of section "a, supra. may be
somewhat difficult Of ascertainment as
practical question
compensation Of deputy marshals shall be
paid from the treasury of Porto Rico. 1t IS
reasonably certain that under the terms or
the Porto Rican act but one class OF deputy
United states marshals is provided to be
appointed by this court, viz: A class or
deputies to be paid salary out of the
treasury Of Porto Rico.
Expenses of the Court.
THE question left for determination Is.
are the ordinary operating expenses OF this
court included in the expenses OF the Of
fees of judge, marshal Or clerk, or their
assistants or deputies!
''The Porto Rican act does not diferen-
tiate from the statute laws of the United
States, which require the operating ex-
penses Of it's various courts to be paid from
the treasury of the United States. Hence
conclude that the operating expenses of this
court are controlled by the general statute
laws Of the United States. such as the ex-
penses of witnesses, jurors, support and
transportation Of prisoners-in fact all the
expenses OF the court incurred as such-and
cannot be held to be expenses Of the various
officers offices going to make up the
court, and should not be paid out Of the
treasury of Porto Rico. but should be paid
from the various appropriations. made to
support the courts OF the United States.
Accountable to Attorney General.
''On the other hand, even IL Congress has
specifically declared by the terms Of the
act providing civil government for Porto
Rico that all of the operating expenses OF
this court should be paid out of the treas
ury of Porto Rico that fact of itself would
not import q corresponding duty to pay
either the fines. costs or fees collected by
the marshal into the treasury of Porto
Rico. The statute laws of the United States
extended over Porto Rico provide for these
things, and provide that all fees. costs and
fines suffered or earned shah inure to the
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