New-York tribune., 1902-05-26
GEN. BROOKE'S DEFENCE.
UNITED STATES TO CONTEST SUIT OF
SPANISH COUNTESS.
10y TELEGRAPH To THE TEIBrNE.l

[BY TELEGRAPH To THE Tribune
Washington May 25-The Department Of JUS
tice will defend General Brooke in the suit
brought against him in New-York yesterday by
the Countess of Buena Vista for S2ooWoO dam
ages for his action while Military Governor of
Cuba in dispossessing her and others from the
post of High Sheriff of Havana and the slaugh-
ter house privilege in that city. General Brooke
acted under Secretary Roots orders when he
refused to permit the countess to exercise the
authority Of High Sheriff of Havana. or to re-
ceive the very lucrative emoluments Of that
Office after Spanish sovereignty ceased. The
case attracted attention three years ago, ana
had thorough consideration by the admnstra-
ton finally leading to the decision of the Presi-
dent in which all the members of the Cabinet
and the legal advisers of the executive agreed,
that all powers granted by Spain which depend
ed for their maintenance wholly upon the power
of Spain ceased absolutely when Spanish power
ceased.
The case of the High Sheriff of Havana, or,
it was also called, the slaughter house
case" came before the War Department in 1900
on petitions of j. Y. Camara, husband of the
Countess O'Reilly Buena Vista and DR.. Don
Gustavo Gallet Duplessis. equal owners of the
office of High Sheriff. asking to be reinstated in
that Office and TO be reimbursed at the rate or
S125 day from June !, 1899. the date of their
They claimed that in the year 112S Don Sebas-
tian Calvo de la Puerta bought at public auc-
ton from the Spanish Crown the office OF Al
quail Mayor" High Sheriff Of the city OF
Havana. The office declared to be per
petual and capable OF passing by inheritance in
the direct male line Of descent and of being
alienated by purchase and sale under certain
conditions. Upon the death of the purchaser
the office and its emoluments passed by descent
~ f1lNr a. a
Puerta whose title received royal confirmation
by letters patent dated May -. 1873.
SALE OF HALF THE INTEREST.
Eventually the male issue of the incumbent of
the office having become extinct, the office
passed. by the permission of the Spanish
crown. to the Count ORelly, who the hus
band of the daughter of the High Sheriff. who
had recently died. From the Count O'Reilly the
office descended TO his heirs and successors with
the approval in each of the Spanish crown
to the present Countess O'Reilly Buena Vista.
By appropriate provisions the Spanish law per-
mtted the seizure and sale by judicial proceed
ure 10 enforce the payment of private indebt-
edness, of one-half interest in the emoluments
of the privileges appertaining to the slaughter
house industry possessed by the High Sheriff OF
Havana. Pursuant to said law. DR.. Don Gus
tavo aGIIet Duplessis purchased at judicial sale
o one-half interest in said emoluments on Sep
tember 49, 1885, and entered upon the enjoy
ment thereof.
Upon the American occupation Of Havana be
ing established. the military authorities OF the
United States refused To allow the Countess of
Buena Vista and DR.. Don Gustavo Gallet Du-
plessis TO exercise the authority or enjoy the
emCuments appertaining the office of High
Sheriff of Havana They then appealed, first. to
General Ludlow. then Military Governor of Ha-
vana. next to General Brooke, his immediate
superior. and recognition being refused in each
instance, their attorneys took their case to the
War Department.
JUDGE MAGOON'S DECISION.
Here the matter was under exhaustive consid-
e1ation and made the subject Of an elaho-
rate opinion by Judge Magoon. from which it
appears that Spain about TO cancel the con-
cession when war with the United States began.
Judge Magoons decision is summed up in the
following Endorsement the petition:
cannot assent TO the proposition that the
right to perform any part OF the duties, or re-
ceive any part of the compensation attached TO
the office of Sheriff of Havana under Spanish
sovereignty constituted a perpetual franchise
which could survive that sovereignty. The fact
that the Spanish crown permitted an office 10
3e inherited purchased does not make II any
less an Office the continuance Of which is de-
pendent upon the sovereignty which created H.
The services which the petitioner claims the
right to render and exact compensation for are
IN substance an exercise of the police power OF
the State. The right TO exercise that power
under Spanish appointment or authority nec"S-
sariIy terminated when Spanish sovereignty in
Cuba ended 1t thereupon became the duty or
The Military Governor to make a new provision
under which this part Of the power OF the new
sovereignty which took the place OF the SOW
. oreignty Of Spain should be exercised and the
necessary service rendered to the public The
petitioner has been deprived Of no property
whatever. The office right or privilege which
she had acquired by inheritance was in its
nature terminable with the termination of the
sovereignty on which il depended.
The question whether, by reason OF anything
done before that time. the right 10 compensa-
ton from tho municipality Of Havana has arisen
is question to be determined by the courts OF
/ Cuba The application for the revocation OF
the order heretofore made herein by the Mill
tarv Governor Of Cuba is denied
ELIHT ROOT, Secretary Of War.
December -. 1900.