Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1913-10-31
For TIE HERALD.
UNCLE SANS EXPERIENCE
In GOVERNING ORJENTALS

In GOVERNING ORIENTALS
BY ALEXANDER SIDNEY LANIER,
Late Assistant to the Attorney Gen.
eral of the Philippines.
Continued from last weeks issue)
In every province there is a
law officer called the Fiscal"
who corresponds to prosecuting
attorney in this country. These
are all natives. There is also a
department of Justice within
which is the Bureau of Justice,
presided over by the Attorney
General whose duties and func-
tions are similar to but more ex-
tensive than those of the Attor-
ney General of the United States.
An appeal, as of right, is al
lowed to the Supreme Court from
every final Judgment or order Of
the courts of first instance. There
is also a right of appeal from
the Supreme Court of the Islands
to the Supreme Court of the
United States whenever a Fed
eral question is involved, or,
when pecuniary, the amount or
value of the subject-matter of the
suit is not less than SIS, 900. The
records in all criminal cases, in
which the sentence is death, are
required to be sent to the Supreme
Court of the Islands for its review
and confirmation of the sentence.
There are no grand or petit
juries. All cases, whether civil
or criminal, are heard and de-
termined by the Judge, except
that in civil cases provision is
made for either party to an ac-
ton to have assessors sit in the
trial upon application therefor to
the Judge in writing. When the
aid of assessors is invoked it is
their duty to sit with the Judge
upon the trial, and to advise him
in the determination of all ques-
tons of fact involved therein;
but the final responsibility for
the decision must rest with the
Judge. 1t is further provided
that if the assors shall both be
of the opinion that the finding
of facts and:judgment in the ac-
ton are wrong, they shall GER
tify, in writing, their dissent
therefrom and their reasons for
such dissent, which is filed with
the record. and in case of appeal
it is given such weight as in the
opinion of the Judges of the SUI
preme Court it is entitled to.
Criminal proceedings in the
courts of first instance are init
ated by the Fiscal, who either
files and information against the
accused, or a complaint based
upon the affidavit of complain
ing witness who must subscribe
and make cath to the complaint.
The accused is, of course entitled
to preliminary hearing before
justice of the peace.
Spanish is the official language
of the courts. Each court has
its official stenographer. and in
terpreter. Trials are conducted
with great dignity, efficiency,
and dispatch. In all cases, in
fact, except when some comp1i-
Gated questions of law or fact
are involved that need delibera-
ton and inyestie alton, the Judge
will Immediately upon the con-
clusion of the trial dictate his
decision to the official steno-
grapher in open court.
The present code of criminal
procedure was inaugurated by the
military authorities in the days
of military government, and is
known as General Orders No. So.
1t is an enduring monument to
the learning and genius of the
men or men who prepared it.
While every right of an accused
person is properly Safe-guarde0
under it, it is a code that GER
tainly makes for the prompt and
efficient administration of JUS
tice.
The code OF civil procedure i.
modeled after the practice code.
of some of our States, the bull
of its provisions being taken
perhaps, from the code of Cali
fornia, but adapted to the tria
of cases and the administration
of justice without the interven
ton of juries- The pr3cedur
smder r. AZ wp~v c;snolp an.