New-York tribune., 1900-12-22
A PORTO RICAN GRIEVANCE.
JUDGES OF THE SUPREME COURT STILL
PAYING REVERENCE TO SPAIN.
[Br TELEGRAPH TO THE TRIBUNE !

IBr TELEGRAPH TO THE TRIBUNE.l
Washington. Dec. 21.-Senator Foraker has in
troduced a bill reducing from a minimum Of
$4,000 in value to $500 suits of which the Fed
eral Court of Porto Rico can have original juris-
diction. Behind this action there is an interest
ing story which ii is thought explains the pres
ent confusion and annoyance in Porto Rico.
Senator Foraker win push his bill at this session
because of the pressing necessity for the change
his measure proposes 1t is obvious that no re-
lief from the present situation in the island can
be obtained until large class of cases which
are now in the exclusive Jurisdiction OF the In
sular Supreme Court are transferred to the juris
diction Of the Federal tribunal of the island
Judge Louis Sulzbacher, the only American
member Of the Supreme Court of Porto Rico.
which was established by the Foraker bill
passed at the last session Of Congress. brought
to Washington this week complaint which
the Ohio Senator. at the suggestion of the Ad-
mnistration, is seeking to remedy by
amendatory legislation situation on the island
which it impossible for him to foresee when
he drafted his original code bill Judge Sulz-
bacher carried his grievance directly 10 the
President, and at Mr.. McKinley's request, laid
the matter elaborately before Senator Foraker
and the Committee on Pacific Islands and Porto
Rico, of which Mr.. Foraker is chairman.
Judge sulzbacher declares that most of the
Porto Rico-whose functions and whose rela-
tions to the Federal judiciary intended TO
correspond TO those of the State courts-are
farcical The four other members of the court
are native Porto Ricans of acknowledged learn
ing in Spanish laws and customs, and of high
standing on the island. The Foraker bill estab-
fishing civil government for Porto Rico pre-
scribed that four members of the court should
be citizens of the island. and that the fifth
should be citizen of the United States. In
making the appointments the President was
scrupulously careful to get only the highest
ability available. Judge Sulzbacher, who is a
resident of Kansas City, Mo-. had no strong DO
htical backing, but was selected because of his
peculiar fitness. After practising for years in
the courts of NewMexico and Arizona he went
TO Madrid, and there took a special and thor
ough course in the Law University at the Span
ish capital in order to make himself more per-
fectly familiar with Spanish laws and institu-
tions, as well as the language.
THE AMERICAN JUDGE ovERRULED.
While the old Spanish code has not vet been
supplanted the President instructed Judge Sulz-
bacher and the other judges of the court to in
terpret as nearly as practicable the present laws
of the island in accord with the spirit of Ameri-
can institutions This is just what Judge Sulz-
bacher says his distinguished associates on the
woolsack in Porto Rico stubbornIy refuse to do
He has argued and pleaded with them to no
avail In nearly every important case thus far
tried by the court the American has been voted
down by the four ex-Spaniards. He declares
that they even go so far as frequently to refer
with respect to the past mandates or supposed
wishes Of Her Gracious Majesty the Queen
regent OF Spain, and never once have they
taken account of the wishes OF His Excellenc Y
the President of the United States Judge Sulz-
bacher explains that this persistent Difference on
the part of his associates to Spanish authority
and customs of the past not only resulted in in
Justice to American citizens living in Porto Rico
out that 1t also is acting a check on numerous
enterprises that would materially assist in the
commercial development of the island and the
eSta abllShment of closer and more cordial re-
lat1ons between Porto Ricans and Americans
he perceived that quick and effective remedy
could be obtained by carrying back to San Juan
message from the President to the four native
Judges admonishing them in plain terms TO paw
less reverence to their former sovereign and
more respect to their new chief than has been
their wont thus far in their judicial career under
the Stars and Stripes. 1t appears. however that
Mr.. Mckinley preferred the method embodied in
senator Foraker's bill to take from the InsuIar
supreme Court exclusive jurisdiction of all cases
involving less than $1,000 of value. The remedy
suggested by Judge Sulzbacher sayored TOO
much OF imperialism to suit the President
1t is confidently believed that when the For
aker amendment becomes effective things will
move along in Porto Rico better than has been
the case up to the present time and that bet
ter quality of justice will be meted out to Amer
ican citizens and interests