New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-05
STATUS OF PORTO RICO.
IT Is Isolated and Practically Inde-
pendent.
IRON TEE TRIBUNE BUREAU. J

Son Just prepared by the Assistant Attorney Gen.
ersi Of The Postofice Department. Charles II.
Robh. IN which he rules that officers Of the
Porto Rloan Government are not entitled to
Crank their mail He says in part:
BY the act OF April IL 1900. "a body polite
enoer me name Of the people Of Porto Rico.
with governmental powers" as conferred therein.
and with power to Sc and be sued" was
established. The government thus founded is
az separate and distinct from the government of
sne United States as is the government of any
Territory Porto Rico has as complete p form
OF local self-governnnent as any organized Ter
ntofE, ana IN some respects as any state
The chief executive officer is the Governor,
who is appointed by the President Of the United
States, by and with the advice and consent of
me Senath- lie Is given enumerated powers.
anc also al the powers Of the Governors Of the
territories OF the United States not locally in
applcable-' An executive council. consisting Of
secretary. an attorney general a treasurer
an auditor. a commissioner Of the interior and
comnissioner Of education having such
powers ss the titles Indicate together with five
other persons, are appointed by the President.
10y ana with the advice and consent Of the Sen
ate Local legislative powers vested i'm a
legislative assembly consisting Of two houses
N) the executive council and 81 a house of dele
safes. whose members are elected by the people
q foTto hlco- The judicial power is vested in a
supreme court whose justices and marshal arc
appointed by the President. ny and with the ad-
VICE ana consent Of the Senate: district courts
and other inferior courts whose officers are ar-
pointed 80 the legislature of Porto Rico may
provide These courts are analogous 10 our
state courts. Porto Rico is constituted a Judi
olal district whose judge. district attorney and
marshal are appointed by the President. by and
with the advice and consent 81 the Senate. for
tg.sn oL Iouf years This district court has. in
addition 10 the ordinary Jurisdiction Of district
courts Of the United States. jurisdiction of all
Eases coenlzant IN the circuit courts Of the
tinted states" Porto Rico has complete svs-
TEN o. local taxation. and is independent Of the
Asllonal system OF taxation.
The government of Porto Rico is .ros,e7 t,-
ana ceTendent upon the Congress OF the United
Stales, put u has an existence as separate and
lnf f~nr7 ffG
iona has, or has any municipal CORPORATION from
The state legislature granting SIS charter
The Attorney General OF the United States i'm
Slsclsslng inc question whether the President
had the right 70 set aside portion OF the island
% Calebra for naval purposes without the con-
sent OF The government OF Porto Rico. said
i an unable 10 escape from the conclusion
that where harbor margins are involved the
government OF the United States by reason Of
these grants of Congress TO the government Of
Porto Rico. is now in the same position with
reference 10 the island government . as il
would be IN similar affecting a State of
the United States. II is not neadfuI IN
this case to withhold the analogy because the
word State" alone is used in this provision: for
congress appears clearly TO have placed the
territory Of Porto Rico on the same plane as
state, In this respect ct least. by its surrender
81 large share OF public property and funC-
lions TO the local control.
In rendering an opinion ''as 20 the rights 81
the residents Of Porto Rico in regard TO the reg
istration Of trademarks in the United States
II was said
Porto Rico has been fully organized under
government. and organized. for the most part.
upon the plan adopted for the Territories con-
5iguous 10 the States Of the Union. The
law therefore broad originally. and intend
ed 20 apply 10 Territories as well as States. To
these organized Territories Porto Rico. similarly
and completely organized. has now been added"
The judiciary Committee Of Porto Rico. az
which James 5. Harlan. Attorney General Of
Porto Rico. was chairman, in its report OF
March II. 1903. said
On other respects We have an independence
Of action and OF jurisdiction not given 10 terri
torial governments. Since the creation of a civil
government for Porto Rico. IN no single IN
stance. so far the writer has been informed
has the government At Washington any or
its departments given instructions or INTERVIEWED
in our affairs. As the writer was leaving the
United States 10 assume charge OF his Office in
Porto Rico he requested instructions from the
Attorney General Cf the United States. and was
advised by that officer that he considered HIM
eelf without power or authority over the Attor-
nev General Of Porto Rico. and that the gov
eminent of Porto Rico must work out its own
difficulties. That. as the committee understands
&. is the general view OF the authorizes AT
Washington"
n il clear then that Congress in comforting
privileges or imposing duties upon "oihcers OF
the government OF the United States. ald not
intend that officers OF the government OF Porto
Rico should he included by such statutes.
The Governor. the members Of the Executive
Council. and the Judges Of the Supreme Court
81 Porto Rico. are much officers OF the gov
eminent Of Porto Rico as are the members OF
The House Of Delegates. The fact that the for
r1er are appointed by the President by and with
IN eadvioe and consent Of the Senate. cannot
alter this conclusion
Referring to the District Court or the United
States for Porto Rico. and the postal system.
Attorney General Robb holds that the first is a
part Of the judicial system OF the United States.
and that Congress has. by special enactment.
extended the federal pttal system to include
the island
Apropos Of the expenses OF the island Mr..
Bobb says:
In accordance with the provisions Of the act
Of April -, 1890 the President the 31st day
Of July. 1901. made proclamation that a civil
government for Porto Rico has been organized
in accordance with the provisions Of said act of
Congress" and that the legislative Assembly
Of Porto Rico has enacted and put into opera
ton q system Of local taxation 20 meet the ne
cessities OF the government Of Porto Rico"
By Section ~ Of the Act OF April i. 1900. Il
IS provided that soon as the President pro-
claims the establishment Of civil government
for Porto Rico. All collections Of duties and
taxes in Porto Rico under the provisions Of this
act shall be paid into the treasu.g OF Porto Rico.
70 be expended required by law for the gov
eminent and benefit thereof instead Of being
maid into the treasury OF the United States
In the report OF the judiciary Committee 81
March II. 1902. already referred 20. II is said;
The importance Of our present advantages
ought not 10 be overlooked. What other part
Of The United States. except the Philippines, is
Independent n the national system OF taEatlon
What Territory m the history o. me Onlteo
States has been relieved Of lis share Of the bur
dens az national government? Unlike the states
and Territories Porto Rico IS not required TO
contribute 10 the national defence. or. with the
single exception of the federal court Of Porto
Rico the budget OF which Is paid from the in
Sular treasury. 10 make contributions for any
other national purpose. We keep the customs
duties collected at ports and have our own
srfernal revenue system. These taxes. which in
the Territories ana States make large demands
anon the energies and activities Of the people
and their commerce. have not been put upon US
for the benefit Of the government at Washing
-lor but for the benefit Of The government az
San Juan
So Compress has expressly provided that Porto
r,f.o ir "a nav the expenses 81 SIS government