The times., 1900-12-28
SPANISH GRANTS INVALID.
Secretary Reot's Decision in the Hn-
vana Slaughter House Case.


vnna Slaughter House Case.
Secretary sReot yesterday announced his
decision in the appeal of the Countess of
Buena Vista and DR.. Don Gustavo Gailet
| Duplessis, declining to revoke the order of
the Military Governor of Cuba abolishing
| the office of high sheriff of Havana. The
| decision affirms the action of General
Brooke and in effect declares that a
hereditary grant of the Office by Spain
| does not hold good under American SOW
| ereignty.
The history of the case has been an in
teresting one and the claimants have used
| every effort to retain the lucrative office.
which they held under Spanish
grant made in 1928 to Don Sebastian Calvo
de la Puerta. At public auction he pur-
chased the office OF alguacil or high sher-
iff Of the city of Havana, and it was de-
| clared to be perpetual and to be capable
Of transmission to his descendants. Ac-
cordingly upon his death it fell to his
grandson and was passed down from one
generation to another. When the line OF
male descendants became extinct by con-
sent of the Spanish Crown it passed to the
husband of the daughter of the last sher-
if. In this manner it finally came into
the possession of the Countess of Buena
Vista, who was an heir of Count O'Reilly,
and half interest was sold to DR.. Don
Duplessis. These two held the Office at
the time of American occupancy.
The fees of the office were derived
chiefly from a payment to the high sheriff
of an amount equal to about 81 in gold for
each head of cattle killed in the city. The
duty of the high sheriff in return for this
fee was to inspect the meat and certify to
its fitness for food. Because OF this TACT
the matter has come to be known as the
Slaughter house case" Soon after Amer
lean occupancy the Military Governor OF
Havana issued an order abrogating the
long standing privileges of the high sheriff
and providing other means for the inspec-
ton OF meat shops and the slaughtering
OF animals. From this action an appeal
was taken to General Brooke. the Military
Governor of Cuba. with the result that he
took one step further and completely abol-
ished the office. From his decision an ap-
peal was taken to the Secretary of War
The points made by the claimants were
that the Office of high sheriff was prop
erty, an incorporeal hereditament, belong
ing to the heirs of Count OiReilly; that the
emoluments of the office were. pri-
vate property, of which the owners
could not be deprived without compensa-
tion and due process of law; that the
United States has no jurisdiction 10 exer-
else the power of eminent domain in Cuba;
that the exercise of that power finds no
justification in the belligerent right which
belongs to an army OF occupation: that the
treaty of peace with Spain especially
guards the property of the inhabitants OF
Cuba and that the Military Governor ex-
ceeded his rights and powers in the con-
fscation of the property of the claimants.
In his decision. the Secretary says:
Il cannot assent to the proposition that
the right TO perform any part Of the du-
ties. or receive any part of the compen- |
sation attached to the office of sheriff |
CT Havana under Spanish sovereignty |
constituted perpetual franchise which |
could survive that sovereignty. The fact |
that the Spanish Crown permitted an Of |
fee to be inherited or purchased does rot |
make it any less an office the continu-
ance of which is dependent upon the SOW |
ereignty which created it.
THE services which the petitioner |
claims the right to render an exact COM
pensation for, are in substance an exercise |
of the police power of the State. The right |
to exercise. that power under Spanish ap
pointment or authority necessarily termi-
mated when Spanish sovereignty In Cuba |
ended. II thereupon became the duty of
tho Military Governor to make new pro-
of the new sovereignty, which took the
place Of the sovereignty Of Spain. should |
be exercised and the necessary service rem
dered to the public The petitioner has been
deprived OF no property whatever. The Of
fee, right. or privilege which she had ac
quired by inheritance was in its nature
terminable with the termination of the
sovereignty on which it depended.
THE question whether by reason of
anything done before that time the right |
to compensation from the municipality of
Havana has arisen, is a question to be
by the courts Of Cuba. The |
applicable for the revocation of the or
der heretofore made herein by the Mill
tary Governor Of Cuba is denied. The
application of DR.. Don Gustayo Gallet
Duplessis OF Cuba is covered by the deci-
sion upon the petition of the Countess
OF Buena Vista