New-York tribune., 1901-08-31

United States is the necessity of guarding with
jealous care the rights of the States, the
Colonies We're Jealous of preserving absolute
control of their local affairs No question of
State rights. or, rather, provincial rights, can
ever disturb the councils OF the Cuban Republic,
for they have been delegated without reserve
TO the federal. or insular government.
The instrument is a State constitution, rather
than a federal constitution; indeed. there is no
federation and a single State with six counties
and 131 townships or municipal districts pro-
poses to exercise all the prerogatives of SOW
ereignty. 1t expects to have an army and navy
diplomatic corps, consular force and all the
expensive machinery of an independent govern
ment- The plan is topheavy. 1t is effort to
put new wine in old bottles. which III place OF
improving with age is more likely to turn to
vinegar and set the peoples teeth on edge.
There is nothing in the past history OF Cuba
calling for this particular form OF government
but it is theoretical adaptation OF the Ameri-
can system which was the necessary outgrowth
OF previous colonial history. Its practical appli-
cation under other conditions and by another
people Will develop difficulties which will call
for calm. wise and disinterested leadership
which ii must be said, is not at present in
sight
Congress must approve the annual budget,
consent 10 loans and the issue Of bonds and In
the same article is charged with levyng taxes.
which become a part OF the fixed charges and
provide sinking fund for the gradual redemp-
ton of insular obligations. The usual power to
coin money, fix its value and fneness, regulate
the system of weights and measures promote
domestic and foreign commerce. control postal
and telegraph lines and public OF COM
munication and organize army and navy
are granted to Congress. No provision for d.
viding these duties in any way between the
two houses is made. Either branch may take
the initiative. Any law or code of laws may be
introduced in either house. as also any bill that
may come before Congress, but all measures
must be approved by the President or be passed
by a two-thirds majority of both houses over
the Presidents veto except in certain cases pro-
vided for by the constitution.
GREAT POWERS OF PRESIDENT
The constitution is remarkable for the power
II grants 10 the President of the republic He
must sanction and promulgate the laws enacted
by Congress, must see that they are executed
and provide regulations for their observance In
case Congress fails TO prescribe such regulations
He can call Congress in extra session. or the
Senate alone under certain conditions He has
power TO suspend the sessions OF Congress when
the two houses cannot come TO an agreement as
to the time for adjournment He must present
to Congress at each session a message setting
forth the conditions of the republic and make
such recommendations as he may deem proper
He must present an annual budget and furnish
Congress. whenever called upon. such reports
as may be asked for by that body. He can ap-
point and remove Cabinet ministers nominate
justices of the Supreme Court, diplomatic and
consular representatives.
But the greatest power is conferred by Section
10 OF Article 6S. which says: The President
shall appoint for the discharge of the other du-
ties created by law the proper officers provided
that the appointment thereof is not specially
delegated to other officers or bodies"
This sweeping power is limited by only two
lines in the constitution. Section of Article 90
grants to the Governors of provinces the power
to appoint the employees of their Offices and Sec
ton of Article 110 grants to mayors of munich
palities the privilege. Therefore every
office and place In the republic except those of
Senator. Representative. Governor Provincial
Councillor. Mayor and Councilman are In the
hands OF the President. There is no way pro-
vided for limiting this power. and any legisla-
ton looking to that end must be submitted to
the President for approval History is witness
to the fact that rulers. be they royal repub-
ncan, do not surrender their powers readily and
a President ambitious to continue at the head of
the government and with power to appoint every
employe from clerk to chief justice, all customs
employees, all internal revenue ana tax OfflcerS,
to fill positions in the army and navy and name
all clerks and stenographers. in short the per-
sonnel OF the entire government, has an oppor-
tunity to perpetuate his authority dictate Iegis-
lation and order changes in the constitution it
self as has been done often In other Spanish
American countries. There is no civil service
list TO which he must confine himself. but he is
absolutely unrestrained by anything but the
policy which he may please to adopt. The re-
suit of the exercises Of this power there being
no principles of government to separate the peo-
pie into parties will be to divide the country
into the "ins" and the outs Those in place or
power will try to keep in and the outs" will
unite and subordinate whatever differences there
may be among them for the purpose OF over
throwing the party In power.
CONSTITUTION CAN BE SUSPENDED.
The President can. under certain conditions
suspend the guarantees provided for in the con-
stitution. as has been done in Venezuela and
the United States of Colombia while these lines
are being written. and suspend the acts of
provincial and municipal councils. He can under
certain limitations, suspend the governors of
provinces, Offices to which they have been elect
ed by the votes of the people. He is also the
commander-in-chief of the army and navy and
is charged with the defence of the country
against foreign and domestic foes
Articles a and 1S state that all DEGREES or
ders and resolutions of the President of the
republic shall be countersigned by the secretary
or the proper department, without which renui-
site they shall lack binding force and shall not
be observed. Secretaries personally responsi-
bic for the acts which they countersign and
furthermore jointly responsible for thosa
upon which they together agree or authorize
This responsibility does not exclude the personal
and direct liability of the President of the re-
public" II must be confessed that this pro-
vision is rather vague. and the object thereof Is
not clear, is IL easy TO imagine what pro-
cedure would obtain In the event of secretary