The Birmingham age-herald., 1921-01-14
FAILURE ID ACT ON
 ELECTION CONTEST
 IRRESPONSIBLE
Provisional Municipal Admlnis- tration Already Exists in Majority of Municipal Dis
 trictS, Declares Report
By Associated Press

By Associated Press
 Havana, January l3.--MaJ.
 Gen. Enoch Crowder, special representative of President Wilson, bigating condi- tions in "a, in statement given out 'essght, after refer ring to the failure of the cleo toral board and courts to function within the prescribed limit, declared:
 1If these agencies continue to fail, Cuba in due course of time, will be confronted with ad interim provincial and national administrations and after the first Monday in April, next, with a total paralysis of the legislative power"
 General Crowder until tonight, has his arrival here on the cruiser Minne- -sota a week ago. His statement. which sets forth what has been accomplished thus far at the instance of the Presi- dent" follows:
 TEXT OF STATEMENT
 "As President Menocal has so force- fully stated in his admirable letter to the central electoral board. the urgency Of the present electoral situation lies Tn the fact that already, through the faiE- ure of the electoral boards and courts to function within the prescribed time limit. We have today an ad interim or
 .I.< .ts.Axs xsfaf ftx.txt txz majority of the municipal districts of Cuba
 "If these agencies continue to fail Cuba in due course, will be confronted with ad interim provincial and national administrations, and after the first Mon day in April next. with total paralysis of the legislative power, due to the fact that on that date one-half of the seats of the congress will become vacant. "The electoral boards have funetioned and posted their provisional returns. What is. lacking is the action Of the ] Cuban Judiciary on fhe contested elce- tion. cases, of waich there are great number involving practically all of the colleges Of Orente and Matanzas and Clara, including whole municipal dis tricts and a smaller number of colleges in other provinces.
 What has been accomplished thus far at the instance of the President is the patriotic fco-operationV of the supreme court and central electoral board in the issue of proper instructions and regu- lations and the patriotic cooperation of political parties in the waiving of cer- tain provisions Of the legal procedure of Cuba all of which means a most ex- pedftious procedure for the courts in de- cidirp these numerous appealed cases. SPECIAL APPEAL NECESSARY
 r1he electoral code or Cuba makes q special appeal to the judiciary of Cuba in such situation as now ex
 ists. It should be the attitude of ev eryone to assume that the Cuban courts will meet that situation and discharse their full responsibility. They have tiie mandatory duty of decreeing the null- ity of the elections in any college or colleges for any of the causes--A to Q. c,usiye-mentfoned in article 242 of said code. and the authority to inyall- date elections for other causes where 1t shall be established by proper proof that there has been suppression of the vote or a failure of the scrutiny and canvass through intimidation, force or fraud or other causes.
 q point to these provisions In order to remind all the contestants that the law as drawn gives them an ample remedy and to express my belief that the courts will be courageous and fair in the application of the law to the several appeals which have been taken and of course. this means courage to grant an appeal and as well. the cour- age to deny one; in other words, fair ness to both parties.
 The courts will not be at all ob- structed by techncalities. Under ex
 press provision of law, defects of form no longer operate to exclude from the , consideration of the courts relevant facts which are offered for their con- alteration. The evidence is to be- ad- mtted and it's probative value left to the determination of the courts. Having taken this disrinct step for ward. We must now await the results before the six audiences and the stt- irene court. Meanwhile ] shall give my attention to other matters con- nected with my mission to Cuba"