Evening star., 1901-09-02
CUBA'S CONSTITUTION
AUTHORITY TOO GREAT
PROVINCES WITHOUT POWER.
A Cuban's Criticisms of the Proposed
Fundamental Law - Insufficient
FIexibility in Fiscal System.

FIexibility in Fiscal System.
In an analysis of the Cuban constitution,
prepared by an eminent Cuban, ana pup
lished in the New York Tribune OF August
81, three grave defects are pointed OUT.
These are that the constitution provides for
a practical surrender of all provincial anu
municipal powers to the island congress;
that the appointing power of the President
shall extend to every appointive office un-
der the government; and that the system
of provincial and municipal tariffs will be
foreign to the spirit Of the age, paraiyElnS
to commerce, provocative of fraud ard
costly in it's administration. The name
of the writer is withheld because of mis-
official position. In sustaining his eonten-
ton that the constitution contemplates
too great Capitalization Of power, ne says:
The congress has power to enact all
codes and laws of a general character. anu
the same shall have force throughout the
territory of the republic, with authority,
also to prescribe the manner OF electihS
congressman, governors or provinces anu
the officers of provincial and even muhici-
nal corporations, and may prescribe Inc
provisions necessary for the regulation Oh
provincial and municipal organizations.
..Thus it Is that the proposed government
is more than strong central government
-
corresponding to the states or the ArnSfi-
can Union practically are without power.
They have no legislature, but Simply pro-
yincial council, a single BODY whose pow
ers are limited to correspond somewhat to
the duties of county commissioners dS ue
fined in many states of the Union. hVeh
municipalities are at the mercy OF con-
gress This is a degree or centfailZdt ~,
never before attempted by any successlui
government Such plan presented TO the
Constitutional convention which framed tne
Constitution Of the United states "ouiu
not have had patient hearing
"The instrument is state consututlon
rather than a federal constitutions; indeed
there is no federation, and single state
with six counties and 13l townships, ol
municipal districts, proposes 10 exercise
all the prerogatiyes Of sovereignty.
In discussing the question of the vast
authority granted to the president by the
constitution, a critic or that INSTRUMENT
Vast Executive Power.
sThe constitution is remarkable for the
power it grants to the president OF the re-
public He must sanction and promuigate
the laws enacted by congress, must see
that they are executed and provide resuid-
tions for their observance in case congress
fails to prescribe such regulations he can
cau congress in extra session. or the SEN
ate alone under certain conditions He mas
mower to suspend the sessions or congress
when the two houses cannot come to an
agreement as to the time for adjournment
He must present to congress. at each ses-
sion a message setting forth the condl-
tions of the republic and make SUCH recon-
mendations as he may deem proper. ne
must present an annual budget ana FURNISH
congress. whenever called upon such
mort as may be asked for by that body.
He can aGpoint and remove caDlnet MINIS
ters, nominate justices Of the supreme
court, diplomatic and consular representa-
tiveS.
"Rut the greatest power is conferred by
section 10 Of article 6S, which says: The
president shall appoint for the discnarge
of the other duties created by law the
nroner officers provided that the appoint
ment 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 prov
inces the power to appoint the employees OF
their offices, and section or article 1Io
grants to mayors of municipalities the same
privilege Therefore, every office and place
In the republic except those of senator,
representative, governor, provincial coun-
ciiior. mayor and councilman is in the
hands of the president
Customs Defects.
The third serious defect in the Cuban
! constitution to which the constitutional
critic directs attention Is thus stated:
"Ne provision is made to guarantee free
commerce between the provinces, nor De-
tueen different cities Of the same province
On the contrary, 1t Is expressly stated that
the tax system Of both province and mu-
n,c,nality shall agree or harmonize with
the tax system Of the state or insular gov
ernment A study Of the constitution
shows that provincial and municipal tariffs
are anticipated. This Is a custom which
still obtains In some Spanish countries, but
which ever has been and which ever will be
fatal to that progress and development
which is the wish of every friend OF Cuba.
Free commerce between the states has con-
tributed more, perhaps. than any other one
constitutional PROVISION TO the prosperity
of the United States.
"Custom houses along state lines are al
most but not quite. unthfnkable for Cuba
| Is thinking of them. Aside from being a
bad economic policy, 1t will call for host
of employees and make the collection OF
provincial incomes very expensive; and
when to insular and provincial tariffs there
Is added a municipal or town tariff. making
another tax on commerce and calling for
another set of employees, the fiscal outlook
is not bright. Such system will not In
when Cuba attempts to secure some recf-
procity arrangements with the United
States looking to a market for her sugar
and tobacco American statesmen will not
consider any arrangement or grant any
concessions of insular duties which would In
pal duties"
Gen. GfIIespfe ActinE ~ Secretary.
Colonel Sanger. the assistant secretary Of
war who returned to the city Saturday
morning left again In the afternoon for his
country home In New York. where his fam
tfv Is spending the summer. General GIL