The sun., 1903-11-14
JAI ALAI AND THE FORAKER
Law.

"
upon every game. Without the gambling
feature, II would long ago have died out
from lack Of patronage. II Is corrupt IN
its tendencies, demoralizing In Its infu-
ences and banefrl In Its results. Because
Of its similar effects and consequences
In tho City Of Mexico, the game was sup
pressed and prohibited In that city, Be-
cause OF It's influence upon the Havanese,
a vigorous campaign for It's suppression
was for many months conducted In the oity
Of Havana The effort to suppress 1t was
abandoned, according to the statements
OF peopls here. largely because OF American
Official assurance OF the hopelessness OF
such effort by reason Of the fact that II
was authorized by an American concession
which, involving vested property right
was irrevocably dxed by Article Nv. OF the
Plat amendment. This point Is by no
meanA certain, notwithstanding any es-
sertions which may have been made to the
contrary; and an analysis Of the matter Is
Of interest and Of great Importance.
Shortly before the evacuation OF Cuba
by the Spanish Government. vigorous
effort was made to effect the completion
Of number OF concessions and franchises
for which application had been filed and
upon which partial action had been taken
by the Government then In control. Az
the instance OF the late President Mckinley,
the American evacuation committee re-
monstrated with the Spanish Governor
General. In compliance with their desires,
an order was issued by Gen. Castellanos
suspending all proceedings IN such cases.
Thi, action left various franchises and con-
cessions in an inchoate condition, lacking
validity by reason Of the absence Of final
governmental action.
Among these. there was the Jai Alsi
concession. That 1t was thus included is
clearly proved by the fact Of subsequent
application to the Government Of Inter
vention for the completion Of the act Had
the concee sion been full and valid, no such
application would have been necessary.
An act Of the United States Congress which
has become generally familiar under the
name OF the Foraker amendment. or the
Foraker law. prohibited the granting o'
any property fran chiss or concession what
ever by any military or other authority
whatsoever while Cuba was under occupa-
tion by the United States. This estopped
not only new and original applications.
but also prohibited the completion, under
American authority. Of the pending and
inchoats Spanish CONCESSIONS, In which
group the Jai Alni concession was unquee
tionably included. Upon the very eve Of
the American withdrawal from the island
in May, 1902. Gen. Wood by an official act
confirmed and established the inohoate
Jai Alai concession, and 30 granted to this
company an exclusive privilege to conduct
its nefarious enterprise for period Of ten
years; and In an official letter directed to
Senior Manuel Otaduy, president Of the
Socedad Anonina Jai Alsi, he said: sThe
rights acquired by your oompany are pro-
tected by the laws in foroe.' The pertinent
question arises whether that company
had any rights at all except those Illegally
conferred by the Military Governor
In the opinions Of the Attorney General
(vol. %, p. Ao). Attorney General Griggs
states the following:
BY Executive Order (OrdsY Of Dsa n. 1900,
promulgated by tho General commanding the
United States forces In Cuba. all grants and oon :
cessions Of franchises snd similar nohts have been
forbidden TO be made by any authority In the island
except upon tho appro val OF the Secretary OF WI
Without duo authorization from Wash
ington, Gen. Wood was incompetent to give
validity to any inchoate concession. The
question was therefore submitted to the
War Department. where 1t was referred to
Judge Magoou. the legal advisor OF the
Insulsr Division, for his review and opinion.
At this point there is encountered peculiar
and interesting consideration. In the
reference Of tho matter to Washington
nothing appears to have been said Of the
central and important issue. and clear
ground Is left for belief In its deliberate
suppress ion. The point upon which the
opinion Of the War Department was asked
dealt only with the right Of the municipality
Of Havana to lease piece Of property be-
longing to 1t for the purpose Of erecting
thereon the Fronton, or building In which
the game was to be played.
In his communication to the War Depart
ment, Gen. Wood said (see Magoon's Re-
ports, p. 542). .The municipal council elected
by the people entered into business agree
ment which It deems to be to the advantage
of the municipality, as 1t obtains at the end
Of ten years building worth about 81, 900. :
As q matter Of fact, the building would be
worth little more than 600 oentavos mas
much as it Is utterly unsuitable for any pur-
pose other than that for which it was erected.
Gen. Wood nude no mention whatever OF
the grant of caucession. nor of thefaot that
the concession wss for the establishment Of
a gigantic gambling institution On the
contrary, Gen, Woods statements to the
Department indicate that the building In
question WAS intended merely as place for
athletic recreation This Is shown by Judge
Magoon's comment NIagoons Reports, p.
s42) that his understanding was that the
proposed Fronton was 'handball court
wherein the public are to be permitted to
play handball upon the payment Of fee. >
1t is impossible that Gen. Wood himself
was inhaled In tho matter. The issue OF the
Gaceta de Ia Habona which contains his
confirmation Of the rights Of the company,
contains also full and complete presenta-
ton of the gaus, the method Of play. the
implements used. and the rules and regu-
lations Of the betting. 1t cannot for a
momen, be supposed that II the War De-
partment had realized that II was asked to
authorize this establishment Of vast and
exclusive gambling privilege, 1t would not
have interposed at once peremptory
prohibition.
From Judge Magoon's attitude 1t Us fair
Inference that he entertained a suspicion
that sornet hing was being withheld. In his