Evening star., 1900-12-11
MAKING PROGRESS
The Cuban Constitution May Be
Drafted by February l.
WORK OF THE CONVENTION ATHAVANA
Prudence and Shlf-Restraint Of
the Delegates.
ACTING WITH CONSERV ATISM

ACTING WITH CONSERVATISM
Special Correspondence of The Evening Star.
HAVANA. December g. 1900.
Constitution making Is progressing in
Cuba. While there is little on the surface,
several members of the convention who are
engaged in the work tell me that they will
complete 1t and have the draft ready for
the President and Congress by the 1st of
February. This is a surprise
l am not sure the information will prove
true yet the convention is really making
headway, and those members who are san
guine Of finishing their work within two
months may be correct in their view of the
time that will be taken. The common idea
has been that the convention would drag
through six or eight months, and that the
United States. the Intervening power.
would not have to meet any new phase of
the Cuban situation for year.
One reason why the idea has got abroad
that several months would elapse before
definite results obtained has been due
to the fact that the constitutional conven-
tion was doing nothing in public After it's
OrganZa ton the delegates We're divided into
committees or sections for the purpose of
discussing all the projects for constitution
which might be submitted. This was a
clever way of avoiding discussions in pub
lie of some subjects which would have to
be settled by agreement among the dele
gates. The Cuban people are so suspicious
and distrustful that If the sessions of the
convention had been made secret it's mem
bers would have been under a cloud all the
time. They met the difficulty rather clev-
erly by the present plan When the prelim-
mary work is done then the public sessions
will be interesting. or course, the voting
ElriOuS nronDSiti0nS wi no
and there will be considerable discussion by
the delegates. particularly on controverted
points, on which they are unable to agree
in their private conferences. Yet as a
whole 1t must be said that they have taken
the wisest means of formulating a consti-
tuition
There are thirty-one delegates in the con-
vention. and | think likely there are thirty
has his own idea. and he has taken that as
a basis on which to formulate an organic
law for the island. Not all the defega tes
admit that they are carrying round drafts
of constitutions, but when pressed most of
them draw out of their pockets pretty full
memoranda. l have gathered a sheaf of
these drafts for study, and probably the
sheaf will grow.
American Constitution the Model.
In spite of this wealth Of material there
does not seem to be q radical difference
on the main points. AL the prospective
constitutions which / have seen take the
United States for their model. They follow
the broad line of division into executive,
legislative and judicial branches of the gov
ernment. A number ofg them have a good
many ideas adapted fr9m the French sys-
tem., while two for three are extreme in
their democracy: more so than Switzerland
probably They are theoretcal ahstrac-
tions of ideal governments, and their au-
thors do not expect them tortse adopted, but
think that some of the suggestions may be
Incorporated into the Cuban constitution AS
against these distractions there are some
propositions which fOQk to limited popular
government. Several OF the delegates have
the notion OF mi3ing the French and Eu-
gilsh parliamentary SYSTEM with the Ameri-
can plan Of government. --uaa
One plan. which h. have seen. provides for
the election Of the president by the con-
gress instead nf by the peoples It's author
ia imbued with French notions and wants
a cabinet also which will resign whenever
the legislauveH assembly Or the congress
passes vote of lack Of confidence But
the tendency Is against these continental
notions wherever they come IN conflict with
American system. ''.
The delegates show a weakness not I'M
common among constitution makers. This Is
the tendency to put everything into the
original document and leave no laws to be
enacted in pursuance Of the constitution.
Something Of the same sort was seen when
several Of the western territories in the
IL,
and I do not know that this tendency Is
peculiar to the Latin constitution makers.
But at present it is quite marked.
Some or the proposed constitutions. If con-
structed on the basis suggested, would be
as long as the Code Napolaon, and would
leave no work for lawnaking body. When
they find in their discussions what an abun-
dance of material of this kind they have
accumulated it Is probable that the dele
gates will see the necessity of leaving some
laws to be enacted. but they will hardly ap-
precate this until they find just what 1t
means to overload constitution with inn
material provisions. SO far they do not ap-
preciate the difficulty, because their private
discussions have been on two or three lead
ing points. Much of the real work ahead
of them is the pruning and wlnnowing.
The Convention.
The convention itself is an interesting
body. Its sessions are held in the Marti
Theater. l dropped in one afternoon. when
there was promise OF an exciting debate.
The promise was not fulfilled, but the ses-
sion was long enough TO give a notion Of
its proceedings and the members who take
part in them. The delegates are ranged In
a semi-crcular form, that whoever wants
to speak has point of advantage, both
for his fellow delegates and for the specta-
tors. 1t is said that the first sessions were
attended chiefly by the negroes and mulat-
toes. That is no longer the case. On this
pdIllCUlhI i Olu uOt see more
than score Of blacks IN. the galleries. All
told there were. perhaps, 300 spectators. In
Guiding score or more of women.
Apparently most Of the delegates had
friends and admirers In the gallery, be-
cause they posed as United States senators
sometimes pose. when they have constitu-
ents from the country looking down upon
them. The chairman and secretaries OF
the convention We're seated on a platform.
Before the session opened the delegates
chattered among themselves, something
after the manner of members of state leg
isiatures who know they. are being watched.
But I could not notice any, difference be-
tween these Cuban Legislators and those in
the states. The chairmaii of the convention
is almost as large as a SawBeHIi The chair
man is Mendez Capote,t rXoung lawyer,
who was with the. insprgenfg in the field,
and was afterward a, methber of Gen.
Brooke's first Cuban, cabinet He has q
heavy black mustache, oobulTet-shaped head
and closely cropped hafE. WITH none of the
appearance OF the supposedly typical Gu
ban. In truth, there are very few of either
typical Cubans or Spantafds ID appearance
One of the most interesting, looking men
among the delegates way Ruis Rivera He
has strong physique, Il welleshaped head
and the goatee which Military men affect
Rivera was dressed in ait ordinary business