The National tribune., 1900-04-12
PHILIPPINE LAWS.
Efforts of the American Officials
to Give Good Government to
the Natives.

On the 1st of February an order was
issued by Gen. Otis, Military Governor
of the Philippines, appointing Boarc
Of Revision, consisting of two promlnen
native officials, Hon. Cayetano Arei
lano President of the Audiencia (Supremt
Court. and Hon. Don Florentino Torres
Attorney General for the Islands; two Army
officers, Licut-Col T. r. Hamar and Lieut..
Col. E. H. Crowder, both members of tbs
Supreme Court. and Hon. r. W. Young:
Associate Justice of the Criminal branch
of the Audiencia, all men of excellent record
and reputation, to fake under advisement
more liberal form of Government for The
towns throughout The islands.
.'lt being necessary" says the order
land eXpedient at the present time TO de
velop the abridged form of municipal
government announced in General Orders
No. 43, of Aug. 8 last, fr m the Head
quarters of the Army of the Pacific and
Eighth Corps, and prescribed to meet the
temporary requirements of towns of the
Philippines which should be rescued from
the control of armed inSuTgents-a labor
which under present circumstances requires
care. consideration and mature dcliberation,
and in which the Chief Justice of the Su-
prcme Court and the Acknowledgement of
the islands have upon request, consented
to render assistance a board is hereby
called 10 take the subject under advisement
and dClibcration and to formulate and re-
port as soon IS practicable a plan of munich
pal government which shall contain all
necessary features. 10 meet requirements.
and which shaf be as liberal in character
as existing conditions permit"
Iicut.-CoI. Crowder. who has been here
nearly Two Years, and with whom | have
had several conversations on the subject.
informs me that the action of this Board
will not affect Tie laws governing Manila
but provide for the establishment in all
Other towns and cities OF improved elective.
police. educational, sanitary. tax, license,
Judiciary ana other laws and regulations:
and that the laws affecting this city will
be revised probably by some special board
10 be appointed hereafter.
-. Under the existing order, headmen in
barios or wards Of each town. as well as the
President of The town, are elected by rirc
qoce vote of residents OF the town, a system
which docs not result in securing the ap-
proval Of all electors. or OF always getting
y
present arranged. too, the town or city
council, which Is made up of tao hoaGmen
ana President. has not only control of all
municipal matters. bat is practically tho
only court in which civil cases may be
heard. though the parties III interest are
compelled in every case 10 agree beforehand
10 accept It's award. Then again Tie Presi-
dent OF each town or city has to make a re-
por. at the beginning Of each month Of all
receipts and disbursements for the preced-
ing month 10 the commanding officer of
the post" and, III general, the laws are
tentative and adapted merely to a military
regime.
That the crying need of these islands is
better laws, laws which will effectualiy
secure equal rights To all citizens regardless
OF race, sect or party, is agreed 10 by all fair
minded observers who have had the oppor-
tunity and have taken the pains to study
the situation. Such was the opinion ex-
pressed TO me by Gen. Wheeler prior to his
departure for Guam, and also in a recent
interview by Gen. Bates. and. from state
ments of Col. CrOwder, it would certainly
appear 10 be the view of every member of
the Board appointed for the revision of the
municipal laws.
The day after our arrival here one of the
most prominent representatives Of the
American press expressed 10 me the opinion
that if the FTiipinos in revolt could have
been assured III the outset of fair treatment
iiS les5@IuSs l!ie ulSpOolIlOn O1 me land and
security OF ttie 10 those 10 whom il fairly
belongs, there would have been no fnsIIr-
rectIon and no contest with the American
authorities. That there would apDear To
be ground for this view is apparent from
the recently published Utterances On this
subject OF Senor Apolinario, Secretary of
Stale Tor, and regarded as the abeSt mem
Der of, the insurgent Government
1T Is a comparatively short time" he
says, Since landed property i'll the Philip
pines was in a precariouS condition: from
the poor farmer who owned the smallest
piece OF land 10 the richest Landlord with an
army OF tenants not one could SHOW n
written title to support his right. Hence
II Is that up 10 the present time it has not
been possible to establish an Agricultural
Bank which could lend To farmers the
capital required for the progressive dcyclop-
ment OF agriculture. Landowners held
Their realty by mere occupation because
they themselves, or their ancestors. had
broken and cultivated it."
Then, after referring to the courts with
their dilatOry and expensive procedure and
INSCRIPTIONS officials" as practical aids
to fraud, he goes on TO say:
Iatterly the mortgage law came which
while II gave safer title 10 a few honestly
acquired properties, on the other hand gave
a greater Stability TO the ownership or
possession 10 many non SGRctuS fayorinr
raGcalty But not only this; the great
MajpT1It OF lnpSe VINO have been deSDoile1
dld not lose at one stroke their possessions.
the greater part continued cultivating their
holdings, enjoying The dOmiaius 7tf,Lc
and paying a yearly fee TO the usurpcr and
actual owner. From land oWncrs they hn
came mere tenants; the ownership had
suffered a transfer by means Of efnpfy-
tcusis. But this had the inconvenient
feature thai the tenant could not be cyicted
as Iong as he paid the fee, and could recover
the ownership by redeeming the property:
on ihat account the dcspOilers kept raising
thefee as the land Increased in value. When
the poor farmer saw that almost all his
prohIS went 10 pay the fee, he appealed to
the courts; but, of course, those who were
best able TO get into the good graccs of the
authorities triumphcd, as usual The re-
suit was that the emphytcusis became :,
simple lease, and those VINO had held lands
as q precious legacy their forcfathers made
productive by Their ceaSeless lators were
remorseleSsly evicted."
IL Is a curious fact, which may he of
especial interest 10 Single Takers" who
advocate taxation of land only. that no
taxes have been levied upon Land i'm the
Fmilpplnes, but the revenues made 10 de-
pend upon the sale of cedulGS documents
OF personal Identify and special taxation.
as upon the Chinese, tobacco, opium. lot
teries, cock-fghting, e:c.
The sale of ccduids produced moro ,b,,
one-haf the amount derived from direct
taxaton, the cost Of such documents hay
ing been formerly made to depend upon the
BUSINESS standing and income Of the holder,