BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-03-17
SAN JUAN, MARCH ~
Legal Confusion.

LcXdl NUNluSIUil.
A careful research of the laws Of Porto
r co ~ they are constituted to-day, or any
attempt to reconcile many portions of the
Spanish Law, the General Orders still 10
force, and the enactments of the legislature
Ia the two sessions celebrated by that body,
impresses one both strongly AMI vividly
with the necessity for some change which
will guarantee to the people set Of laws
which are both practical and intelligent. As
they stand to day they are contradictory,
a1esrtain and in many cases laws which are
unconstitutional on the very face of the
are still permitted to remain on the statute
books.
Some days age the BoLETIN published
. short editorial from the New York Com
merciai Advertiser commenting on the work
and recommendations of the first code COM
mission appointed by President Mckinley.
In that article it was stated that an attempt
was being made to bring the various
systems Of jurisprudence together and to
finally would set Of laws taken from both
the Spanish and Am sricaa systems. To
the mind of the writer this object is abso-
lutsIy impossible of achievement. Not acne
that the two systems cannot work together,
but the years spent in the Interpretation OF
the Spanish laws units one for the duty OF
enforcing American law in the way IN which
the authorities meant that it should te, or
rather the will Of the Law makers is 0bscured
by taking an American law and interpret.
ing it according to Spanish modes and met
kOds OF Interpretation.
10 4 t1n HI
SANDER law which was just passed by the
Iusular Legislature, and which was lntroduc
cd in the House by MIR. Oornwell. There
10 Kothing unusual in this law, it is similar
BOOKS Of any nG&6Sshr hjSh ~ sExtes N the ftRiSke
Still taking this law and Interpreting it
according to the method generally used by
Spanish lawyers, and the other authorities
charged with its execution We have coniu-
SION and in many cases absolute ipjustice.
Section 2 of the said law reads as follows
"Libel 10 the malicieu, defamation of
person made public by writing, printing.
sign, P.ciure, representation, ef6gy, or other
mechanical mode of publication, tending to
subject him to pablo batred or contempt. or
to deprive him Of the benefit OF public con.
Rdence and social intercourse, or to iBiure
him in his business, or in any other way
to throw discredlt, contempt or dshonor
upon him, or any malicious defamation
made public as aforesaid, designed to biacken
or vility the memory Of one who is dead and
tending to scsndalize or provoke his surv.
iving relatives or friends"
Under the Spanish law sll actions Of
columny and contumely were started by the
government and originated therefrom and
were in the nature Of criminal act. For
this reason We have to-lay ofic ais sueiog
for slaEder and libel in their official capacity.
There is absolutely nothing in the law which
compels q party to take libel suit before
law Judge. The result is that to day
20 have civilian judges sitting on ard decid
ing cases whica should cartsiuly me before
attorneys, who iould not alone be conyer.
SAINT with the law in general tut who have
made some sort Of study of the sui ject of
slaDder aud libel. There are many excuses
for The publication Of lbellous and slsnder-
Gus articles. and the Law 10 very plain in
giving people the right to publish matter of
. certain kind. We take SECTION B, which |
says tsMalice shall be presumed to exist in |
any Injurious communication or writing |
made without justifable motiyeu. From
this it 10 inferred that where there is q |
justifsble motive the libel is excused. The |
question arises whom have ICE to Judge
what constitutes jusnfiable motive. The
subject 10 still an open one in the states, and |
there are . millien cases on the subject of |
what constitutes an efclse for libel and
slspder. Still under the Law, il the sum de.
inanded be small enough, the question must
be tried in municipal Court. Tbere is no I
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