The evening times., 1900-10-03

Comptroller Tracewell of the Treasury
Department, has just issued an important
opinion on the character of the United
States courts in Porto Rico. He holds, in
cidentally, that the Constitution of the
United States did not extend to Porto Rico
through the operation Of the treaty with
Spain. and he declares that the United
States has become the owner Of the island,
although neither the island nor the people,
by the act of eession. became an integral
part OF the United States. The decision
relates directly to the courts of the United
States in Porto Rico. In his opinion Mr..
Tracewell says in part:
''The insuIar government for Porto Rico
has made up a budget purportins to pro-
vide funds for all the necessary operating
expenses of the United States District
Court for Porto Rico. The insular au-
thorities are also Of opinion that the act
Of Congress temporarily to provide reve-
nues and a civil government for Porto
Rico imposes upon such government the
duty Of providing support for the oper-
ating expenses of said court and carries
with it the cores sponding righ. 70 require
its officers to report TO and account for
island government.
The determination of the questions in
volved requires the consideration of the
status of the District Court of Porto Rico.
Is it a local court of Porto Rico .
United States court located in Porto Rico?
Porto Rico was acquired the result
of the settlement OF our late war witt. the
Kingdom of Spain, and it was acquired by
the United States by virtue OF the proyi-
sions of the Treaty of Peace between this
Government and the Kingdom of Spain. 1t
is quite evident from a reading of the en-
tire treaty that there was no intent on the
part of the treaty-making powers to ex-
tend by that instrument either the Con-
stitution of the United States or its stat
ute laws over this ceded territory.
1T (the treaty. became the supreme law
of such acquired territory, At the con-
eiusion Of the treaty Congress had author
ity to enact for the government OF this
acquired territory all such laws as it
deemed suitable and necessary TO the c.
pacities and wants OF its people The
United States. by the act of cession, be-
came the owner Of the island. but such
island nor its people did not by the mere
act of cession become an integral part OF
the United States
1.-The act providing for a civil govern
ment for Porto Rico extends the statute
laws of the United States not locally
inapplieable, 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. SO far as I
am advised, inapplicabie TO a United
States Court in Porto Rico, unless made
inapplicable by said Porto Rican act.
The act establishes this court as a
part Of the Federal system of district
courts and would seem to make 1t ap-
the general laws of the United States
governing such courts and their officers,
in order to ascertain the rules and
limitations of its procedure. The act in
question differentiates 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 narshals, shall be paid
out of the Porto Riean treasury; also
that the expenses of all these officers,
whatever they may mean, shall also De
paid out of the Porto Rican treasury.
The question left for determination is.
Are the ordinary operating expenses of this
court included in the expenses of the Off
ces OF Judge marshal or clerk. or their
| assistants or deputies? The Judge is one
OF the officers of this court; as likewise are
| the clerk and marshal; and the law pro-
| vides that the expenses Of their offices shall
| be borne by the treasury of Porto Rico. The
| court itself is not an office. It is not the
| judge, the clerk or the marshal 1t is the
| aggregate of all these officers and their help
aud assistants. II is an organized body,
| composed Of all these officers and their Of
! fees.
! 1T is reasonably certain that under the
! terms of the Porto Rican act but one class
| of deputy United States marshals is pro-
vided to be appointed by this court, namely,
a class CT deputies 10 be paid a salary out
| OF the Treasury Of Porto Rico.
Il am of the opinion and deciGs that all
! the operating expenses Of this court should
| be paid by the United States that the fines,
costs, and fees charged and collected by
| the marshal should be paid into the Treas
ury of the United States, that the marshal
| should report to the Attorney General OF
| the United States as required by law and
| account TO the accounting officers of the
| United States for all his receipts and ex-
! penditures relative to the operating ex-
| penses of this court, that the deputy mar
shals shall be paid their compensation from
the Treasury of Porto Rico, and that the
Department of Justice is required to fur
nish Marshal Wilson with all necessary
blanks for his Office"
I0R,S NEPHEW TN nuFT