Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-05-28

Il
that time, and after an appropriation
Of $4,000 from the insular treasury
had been exhausted, report was pre-.
sented by the commission for the con-
sideration of the legislative assembly.
This report was adopted with import.
ant changes and notifications, over
and above protest of the majority
Of the people of the island.
A person does not have to be a
lawyer to be able to see that the work
OF this code commission, supplemented
by the efforts of the legislature to
amend" is entirely crude; especial
ly is this true of the Penal Code. This
document is almost a literal trans.
cript of the Penal Code of California,
state which has reached a most inn
portant period in its development, and
which has no such affinity to this is
land as would make laws which are
good in themselves and adapted for
that state, good for Porto Rico. What
has been the consequence? The pen.
al laws of this country are framed in
language which has little or no appli.
cation to the condition of things ex-
listing here, and has a rather grotes-
que sound. When these laws are
translated into Spanish for the bene-
f1t of the Spanish-speaking population,
the Righteousness of the effect is
greatly heightened. do not know
how the insular courts, composed of
native judges, are going to interpret
these laws, but imagine they will
sometimes be obliged to call into con-
sultation an amicus curiae from Phil
adelphia. We fortunately have upon
the supreme bench of Porto Rico an
American judge by the name of Nc.
Cleary, whose knowledge of American
Jul iopi uuehCc VIII pt VI iHfdludDle
aid in the work of interpreting and
applying these new statutes. Judge
McCleary until recently acted as as.
sistant secretary of the island, and
was actively engaged in his duties as
such official when named for a vacan-
cy which at the time existed in the
supreme court. The people of Mon.
tana will be interested in the career
Of this venerable jurist from the fact
that he was once a Judge of the Mon.
tana courts during the territorial
regime, and the opinions which he de-
livered at that time are still read and
quoted with approval by the bar OF
that state. The Judge was unable to
endure the rigor of our Montana win.
ters and rendered his resignation.
thence removing his residence to Tex
as, where he remained in active pur-
suit of his profession until he came
to Porto Rico few years ago. He
has filled number of official positions
with distinguished ability and, despite
his advanced years, is a man of great
energy and determination.
While speaking of courts, I may al
so add that the United States court,
presided over by Judge Holt, is be-
coming very important factor in the
administration of justice. It has now
been in session in San Juan for the
last two or three weeks, during which
time number of criminal trials have
taken place, several persons were ad.
mitted to citizenship. and other rou.
tine business has been transacted.
The Porto Ricans are being taught
that they cannot offend against the
laws Of Uncle Sam with impunity.
An example has already been made of
would.be postal thieves, perjurers.
smugglers and counterfeiters, severe
penalties having been imposed where
conviction has been had. As in the
United States so in Porto Rico, the
accused is accorded all the constitu-
tional guarantees, including the bene.
fit Of counsel and a trial by jury. The
jurymen being required to possess a
knowledge of the English language,
the majority of the panel necessarily
consists Of Americans. Porto Ricans
who know English are not excluded.
The marshal of the court is often re-
duced to sore straits to find sufficient
jurymen to complete the panel. being
obliged to 60 around to the different
departments Of the government In
search of material, the employees not
being exempt from jury duty. Hence
1t is that instead Of the greybeards
and bald heads which are a familiar
sight in Judge Knowles court, the
juries here are often made up of
youthful faces which maintain their
dignity with difficulty during the pro-
gress Of the trial. The other day, in
proceeding before the court, one of
the native lawyers moved to set aside
an indictment on the ground that the
names of the witnesses for the prose.
cution were not endorsed thereon.
When the district attorney came to
examine the sections of the law upon
which the motion was based they prov.
ed to be part of the Alaskan code OF
Tom Carter. This incident was the
occasion for much mirth upon the