BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-04-09
SAN JUAN, APRIL 9
Recommends DISMISSED
OI he |g|eSl0S CQSe.

u ne gIeS|0S CQSe.
Attorney General Says That 'Judg-
ment Announced Is An Abridg-
ment of Personal Liberty.
Distinction Between Violence and Breach
of Laws.
At the opening of the Iglesias appeal,
which came tip in the Supreme Court
this morning, Fiscal Toro recommended
TO the Court the dismissal Of the pro
ceedings, in accordance with the follow
ing letter sent to the Fiscal of the
Court by Attorney General Harlan:
April the ninth, 1902
Hon. Emilio del Toro.
Fiscal of the Supreme Court
San Juan.
Sir:
In view of the fact that the case
against Santiago Iglesias Ct alios is set
for argum ent to-day, it becomes necas-
sary, in res onse to your cJmmuni-
cation OF February Is, which at a later
date was the subject of conference
between It's, to formally express TO yo1
my views on the questions involved.
It appears from the record in the
case that at the time of the change of
money in the island, when Spanish
money ceased to be current ard tie
national currency to,k it's place, it was
resolved at meeting of the members
of the "Federacion Libre' to make a
general demand for a considerable in
crease in wages. In order to give
effect to this resolution, the association
appointed an arbitration committee.
The employers refused to comply with
these demands of the work ngnlen,
and as result of this state of affairs
there arose SO re disorder and ac:S of
violence.
You are familiar with the terms of
the sentence of the Di trict Court Of
San Juan by which certain members of
the association were sentenced to ter1nfs
of imprisonment varying from four
months and twenty days in jail to
three years, four months and eight
. days in prison. 1t is not necessary,
therefore, to refer to the sentence in
detail. AS I understand it, the court
has attached criminal responsibility to
mere participation, in connection With
subsequent acts of violence, in meet
ing at which nothing further was done
than to resolve to make demand for
higher wages. More than this, the ex-
41,1r 81, 41,o
explanation of the sentence of three
years. four months and eight days
against the principal defendant, San
tlago Iglesias is that he, upon vote
of the court, was held to be the found
er OF the society in question. The
court seems, to have considered from
al the facts in the case that it consti-
tuted two connected offences, one of
being members of an illegal association
and tie other being partici patton in
what is referred to by the court as a
conspiracy 10 raise the price Of labor.
Athou gh | concur 4 ith you in enter
tanning considerations of Difference for
the decisions of the judges of that
court, nevertheless l am of the opinion
that the judgment announced by it has
the chara cter, in its effective result, of
an abridgment of personal liberty. The
right to assemble together for mutual
consultation and for joint endeavor in
an orderly manner to better social
conditions is surely fundamental If
any Spanish law in Porto Rico, in
terms, impairs this right, in my iudg-
ment, it has lost its force and become a
nullity with the change of soyereiqnty
Such a law is contrary to our form Of
government.
For these reasons, an of the opinion
that it is in the interests of public Jus
tice to admit on the argument this
morning that the recourse Of cessation
is we'll taken. I SO request.
In expressing these views to you, /
a n sure that you will full appreciate
that I draw clear distinction between
violence and breach of the laws and
the right to assemble together In an
association in the manner set forth in
this record. In my judgment, the latter
right should not not be curtailed, while !
violence should be sternly repressed
upon all occasions. Breach of the law
and physical violence can never be to-
lerated in any well organized com
nuaity as means of enforcing de-
rnands Of this or of any other character.
In conclusion, l wish to thank you
for your own very clear statement of
the case and the conclusion reached by
you, with which I entirely conform.
Very respectfully,