The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-20

ivy eppo8f 70 nave DoSn HdOo only "A
occasion arose to make them necessary or
desirable in purely administrative processes.
There was no apparent attempt TO revise
the laws for the mere purpose OF rcformin G
the system. In this position. Gen. Brooke
kept commendabiy within the bounds Of
both wisdom and consistency.
Gen. Wood appears to have adopted a
different policy, that Of reform for the sake
OF reform. because. In his personal opinion.
reform was needed II seems probable
that his Secretary Of Justice. Senor Gener.
found favor for q time In the eyes Of his
chief by reason Of his expression OF radical
views on questions Of legal reform for the
sake OF reform. and because Of his readiness
TO support his chief In reform measures
affecting the law. That ofiioial voices his
opinions in his report, under date Of Oct
81, 1900. He says;
judicial forms should not be the same In coun .
tnoa subject 70 the colonial system In those
countries that have succeeded In freeing Themselves
from the dominion Of the nation that controlled
them from the fact Of the latter being the meropo
U.s. The judicial forms that were perchance good
or at least adequate for Cuba q . colony Of Spain
could not be so In Q like manner for Cuba enamel
pated from Spanish control The po-
htica regime prevailing In Cuba can be no excuse
iot ouhtunk 70 reiorm essentially tnc tct ~ lhsu'u-
tons that govern the country.
This argument. although advanced by a
jurist OF local eminenoe, appears distinctly
untenable II 10 tantamount to q declara-
ton that Spanish laws, even though they
were good. or at least adequate, should
be rejected simply because they were Span
ish. But the essential issue. however, lies
In the fact that while Cuba, as an indie
pendent and self.governing republic. might
deal with her legal system in such fashion
as she might choose. there remained a
distinct doubt Of the right, the wisdom and
the consistency Of any undue American
interference with 1t. At all events. incom-
petent American interference has intro
duoed serious complications in the Span
ish Codes, and many OF the complications
involving property rights are nailed hard
and fast by Article ~. Of the Plat amend
ment.
With this active Endorsement and COOP
Grafton Of his Secretary Of Justice. Gen.
Wood appears to have essayed legal reform
a. . definite process. According to the
index OF the Civil Orders issued during the
year 1900. 1872 out Of Q total OF see appear
under the caption Of laws. Amendments.
Notifications and Repeating Of About
las Others refer to courts, court processes.
and removal OF court Of
foials. and to other matters directly con-
neoted With this department. Thus some
what more than one-half OF all the orders
Issued during that year relate to the De-
partment Of Justice. Some OF these acts
we're OF undoubted benefit and advantage
and met with general approval. Others
were regarded as an entirely unwarranted
by an alien power with no
justification save that which lay In the
supreme power OF the military control.
Notwithstanding the opinion above
quoted OF Secretary Gener. Cuba was still.
In effect, under q colonial government.
In spite OF its change OF Governors.
30 long a. the authority Of last resort lay
with an individual Military Governor,
whose power dominated that of all courts
and all written laws. 1t was impossible for
sither courts or Law to perform that part
IN national life which. under o republican
'orm Of government. is supposed to be their
proper function. So long as such indi-
vidusl power remains ultimate and supreme
md 70 exercised, judicial proceedings will |
'sst upon that basis rather than upon
my written or proclaimed laws. In other |
lis Spanish predecessors and emulated |
heir example. rather than the position Of |
he local agent Of his country, which held |
he island a. trustee for the Cuban people. |
Without doubt he had the power to effect |
uch changes and notifications in the laws |
% he saw IT. The essential question 10
whether, in view Of the different pledges
nd proclamations Of his superiors, or even |
la1~ nd
70 had any right to intrude his own per-
onality into so vital field as that Of the
egal system Of . foreign nation. The fact
hat II was foreign nation rests on the de-
ision Of the United States Supreme Court
D the Nicely extradition case. OF Gen
Woods direct Official interference In court
rocesses and decisions. something may be
aid In later articles.
Yet, in spite Of both needed and unwar-
Anted interference In Cuba's legal system,
tile or nothing was done which tended
, the establishment Of popular confidence
, courts and court processes. This was
otably the case In the matter Of civil pro-
eedings. A ground for criticism was
Irnished by the fact OF an abortive attempt
, reform an evil the danger OF which was
and its seriousness clearly
sroeived. When the United States with
rev from Cuba, after three and . half
sars Of absolute and supreme control.
10 Cuban people had little more confidence
their courts and the justice obtainable
,erein than they had under the Spanish
'gime.
1t has been held that any Unnecessary
vision Of Cuba's laws. particularly at the
stance OF q Military Governor. who was
holly IMMERSED in law or In legal systems.
- beyond the proper scope OF the func-
ons Of . government OF Intervention
hich was pledged to exercise neither
jurisdiction nor CONTROL
,me Of these changes are said 10 have been
ade on the ground Of military neces-
ty.' But 1t is 70 be remembered that,
though the administration was nominally
ilitary, martial law did not exist, andthe
vii law had been proclaimed as the law
the land. The order Of July IL, Isas,
in definite terms. that the .en-
Ihtsned practice Of interference
ith established laws would be adhered
!, subject to the exigencies Of the situa-
on. Yet tho fact stands that in a peace
] land occupied by peaceable people the
Of the American authority