Evening star., 1902-03-04
LAWS IN PORTO RICO
Report Of the Commission on
Revision.
AWARD OF FRANCHISES
EXTENSION OF THE NATIONAL
BANKING ACT.
Statutes in Regard to Marriage and
Divorce-other Subjects
Treated.
AWARD OF FRANCHISES

Inc commission 10 EeNlSS dLo CohipAio
the laws of Porto Rico appointed by 7ir-
tue of the act of April II. 1900. has sub
mitted it's report to the Attorney General.
The commission consisted Of two Ameri-
can members. Joseph r. DAILY of New York
and L. 8. Rowe of Pennsylvania. and one
Porto Rican member. Juan Hernandez
Lopez. Meetings were held at irregular In
tervals. both by the two American COM
bers in San Juan. The work undertaken
was the revision and compilation of prac-
tcally all the old Spanish laws. The re-
port says in part:
''In taking up the consideration Of the
distinction between that branch Of the
law relating to the organization and pow
ers of government and the body Of rules
governing personal and property relations;
in other words. between the political code
on the one hand and the civil and criminal
codes and codes of procedure on the other.
AS far as the former is concerned. the
people of Porto Rico are anxious to re-
ceive the benefit of American institutions,
and the events of the last two years have
proved that such benefits will not be with
held. Until the last years of Spanish rule
the native element was denied participa-
tion in public affairs and therefore lacks
the political training which prepared the
people of the United States for local self
government.
A Period of Liberalism.
1.-THE civil and commercial codes Of Porto
Rico have been worked out with great care
by series Of Spanish law commissions,
and constitute a more advanced system of
law than exists in any Of the South Ameri-
can countries. The period of liberalism
which prevailed in Spain after the revolu-
ton Of 1860 witnessed a profound transfor-
nation in the system Of law. A large body
Of jurists. who had received their training
In foreign countries. mainly in Germany
and France, began the revision Of the an
tiquated system, based on the Siete Parti-
das the Nueva and Novisima Recopila cion
and the other earlier codes. A series Of
compilations, Of which the civil and COM
mercial codes and the mortgage law are
the most important gave new basis to
the legal system of the mother country.
Both Cuba and Porto Rico received the
benefits Of these changes, and we thus find
system Of civil law which in some re-
other Latin codes. That they have not
fulfilled every expectation has been due In
part at least, to the fact that they are In
tended for social organization more COM
plex than that of Porto Rico. The most i'm
portant problem which the revision of the
civil and commercial codes presents Is the
simplif1catiOn Of the system In certain parts
and the elimination of institutions which
have failed to take root in Porto Rico.
Franchises and Corporations.
"In the provisions with respect to the
granting Of franchises In the territory, gen.
eral restrictions have been inserted which
will protect public rights In awarding these
important privileges and at the same time
will conduce to the greater satisfaction Of
all private interests concerned. These re-
strictions insure public competition in the
granting of concessions Of a public or quasi
public nature. No such provision is to be
found in the original act of Congress. but
very full regulations on the subject were
contained in military order No. 103. Of April
30, 1900. which, however, has been held in
applicable by the United States district
court. The provision that no franchise.
right or concession granted in Porto Rico
shall be annulled except for fraud or viola
ton of the laws governing the same. re-
places that portion Of the joint resolution of
May 1, 1900. which provided that all fran
chises shall be subject to amendment alter
alton or repeal. 1t is clear to every one
who has made a study of the economic
situation in Porto Rico that the develop
ment Of the island depends largely upon the
influx Of American capital, and it is not
surprising that In new country, with
system Of law different from that prevail
Ing in other parts Of the United States,
American and foreign capital should show
some diffidence.
Banking Facilities.
cit has been deemed advisable expressly
to extend the national banking act to the
territory q Porto Rico, as there seems to
be some uncertainty respecting the author
ity to establish such banks in the island.
The prohibition upon the legislative as
sembly to establish any bank Of circulation
Is provision common to many Of the ter
ritorial acts, and is of particular import
ance in Porto Rico. where the desire to in
crease artificially the circulating medium is
itatiOns may become a menace to the credit
of the island. The exception in favor Of
the Bank Of Porto Rico is made necessary
because Of the recognition of the charter
of the bank by the United States govern
ment and the joint resolution approved
June G. 1900. entitled a joint resolution to
authorize and empower the Banco Espanol
de Puerto Rico to amend its bylaws
Marriage and Divorce.
"The statute is intended to make only
such provisions with regard to marriage as
are dictated by public policy. 1t raises the
age of consent from fourteen in the male
to eighteen, and from twelve In the female
to sixteen, which is in accord with modern
ideas upon the subject and Is an advance
upon the principle Of the common law and
of the civil law. 1t gives the right of di-
vorce to either party for adultery in this
respect improving upon the Spanish law,
which visited the sins of the wife more
severely than those of the husband AL
though adultery was punishable as a crime.
the offense was defined to be unlawful
commerce with a married woman, thus
leaving the commission of the act with an
unmarried woman unpunished unless so
open and notorious as to be q public scandal
or disgrace to the wife.
THE section which permits the marriage
of divorced persons is new. in that 1t pre-
scribed Limitation upon the right Of the
innocent party to remarry. The guilty
party is debarred for five years after the
Judgment and the other party for one year.
This Is deemed by a majority Of the COM
mission as a disbursement Of divorce
"The section Of the proposed act declaring
that marriage contracted out Of the ter
ritory. II valid by the law Of the place
where it Is contracted shall be valid in
Porto Rico. is intended to settle a Question
which has given rise to litigation. but
which. 50 far as 1t affects marriage In any
part Of the United States, can have but one
solution under the Constitution
'Collusive divorces are sought to be pre-
vented by the provision requiring proof of
the statutory cause, whether the defendant
defends or not. Jury trials must be
granted In case Of q contested action IL
hot IL =