Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-16

sraphical and poiiticaf s6nditions existing
in Cuba, and Of the circumstances in which
the constitution Is drafted. In SO far as
relates to what might be called internal
affairs" the struggle Thas been between
federalism and unitarfanism. This would
be the same whether Cuba should seek an
American protectorate or whether 1t should
be an Independent country. In modified
form it is the quest ioni Of states rights
that once was so pregnant in the United
States, though the conditions are not ex-
actly similar. The outcome is a compro-
bad features. " ..t
The nature Of this ieonsest between fed
eralism and unitariaT1ism is to be under
which relate to what q called the provincial
or departmental regimen and also to the
municipal regimen. il The provisions as
agreed upon may be changed by later dis
cussion. and possibly they will be improved.
In phase the supporters Of the uni
tartan idea have won. because they have
secured to the island the certainty of uni
form laws. That is the'basis of the future
commonwealth. The federalists on their
part, on the surface have gained an equally
important point in providing for the de-
centraliZ3 ton of administrative authority.
Capitalization was one Of the curses Of
Spanish control To my mind it does not
seem to be fully guarded against in the
present draft Of the constitution. Yet the
measure of authority which is given the
provinces and the municipalities may prove
large enough to secure the desired end The
subject was most difficult one.
Six Departments in the Island.
In the constitution as 1t stands the island
is divided into six departments or political
divisions, based on aggregations OF NUM-
cipalities. But since the geographical
boundaries are the same as the present
boundaries of the six provinces, the use or
the term department has no special mean
ing. The provinces always have been Jeal-
Gus of the central authority, and the crea-
ton of this departmental regimen, as 1t Is
called, is the attempt to satisfy this jeal-
lousy and to prevent Havana from obtaining
an undue preponderance The departments
or provinces are to have civil governors,
as they now have Then there is to be what
is called 1.-The departmental assembly,
which. in fact, will be board of admins
trative officers with restricted legislative
powers. Its authority relates to the affairs
of the provinces, such as provincial educa-
ton, charitable institutions, public works
and waterways This assembly in reality
is a revival in a modified form Of the old
provincial Populations, which were part of
the Spanish system. and which l believe
have been adopted by some of the South
American countries. The American military
authority abolished the provincial deputa-
tons as useless expense, and they nave
not been missed. Their revival is in the ma
ture of unnecessary official machinery, but
before the constitution is perfected they
may be nodded into something like the
tories. and place be found for them in the
organism of the island government. Their
creation Is more a concession to a senti-
ment than to actual necessity.
Municipal Districts.
The municipalities in Cuba should not be
confused with municipalities in the United
States. Here they are both city and coun-
try districts. The term municipal dis
trcts' is better description. The consti
III, he.
vision for guarding home rule or autonomy
in the municipalities. Their complete indie
pendence in their own affairs is recognized,
and their function III ths5 commonwealth Is
made much more apparent than is that of
the departmental assemblies. They have
their council, their tdcaife mayor, and
their machinery is IN a Reasonable degree
that of decentralized administration.
In manner the municipalities are a
check on the provincial government for the
departmental assemblies which are formed
on the basis of the municipalities, cannot
make provincial loans without the approval
Of tWo-thirds of the aylntamientOS or mu
nicipal councils. els 90!
Nothing appears IN the section of The
constitution relating to the municipal regi-
men which threa tens to. destroy the uni
formity of the municipal laws. The
municipalities are jnnder what is known
as the provisional law OF 1878. 1t has won
the admiration of American lawyers for its
thorough definition siof Ghmunicipal powers
and authority. In the beginning it estab-
fishes a uniformity which few of the states
in the American Union get have reached
in their efforts to make municipal laws.
Veto and Suspension Power.
The veto power of executive officers is
maintained throughout the constitution,
following the American provision of two
thirds vote to override it. However. in
this Cuban document the power has
broader application than in the United
States. and raises the question whether the
degree of local government has been reach
ed for which the constitution makers are
striving. The President can veto the acts
Of the congress. subject to the usual two
thirds majority, and the governor of the
departmental province may veto the acts
of the departmental assembly in the same
manner that the alcalde may veto the acts
of the ayuntamientO.
But in addition to this power of veto by
the executive officials, there is also a power
of suspension which raises dstrust among
those who are familiar with the histories
of Latin-American republics. The presi-
dent may suspend the acts of both the
departmental assembly and of ayuntamien-
tos, the governor may suspend the acts Of
the deDa rtmental assemblies and Of the
ayuntamentos, and the alcalde may sus-
pend the acts Of the ayuntamiento under
certain definite conditions. This power of
suspension is different from the veto power
1t is to be exercised when in the opinion
of the president, the governor or the al
calde, respectively, the acts suspended are
contrary to the constitution of the island
to the general laws and to international
treaties. This SUSPENSION Is temporary
and Is to enable the supreme court to pass
on the validity Of the doubtful acts. 1t
seems to be a series of checks which prop
erly applied would make absolute the as
surance of uniform laws, but which also
is subject to abuse. However. it is check
on conflicting law making functions, and
not on administrative powers, and does not
necessarily destroy the principle of decen-
traliZation.
Universal Suffrage.
All executive officials, from the president
down to the alcalde, are to be chosen by
direct vote and on the basis of universal
suffrage There was no means by which an
electoral college could be devised. In one
respect, however, the political power of the
provinces is recognized. The members Of
the camara or house of representatives
are to be chosen by popular vote, but the
| senate is to be formed as in the United
| States each department having four mem
| bers of the senate, which, therefore, will
| be composed of twenty-four members. This
| will place Puerto Principe, which is as yet,
! sparsely settled, on an equal plane with
| Havana and it is not bad provision The
| Municipalities are recognized in their po-
litical rights in the choosing Of senators,
| bao,uca tho prolJpS of ayuntamentoS In