Santiago v. Nogueras. until it is duly displaced by the legislation of Congress. Common sense as well as the interests of the nation, and, indeed, the interests of the conquered, require this. The opinions of mankind approve it. Congress itself has repeatedly sanctioned it, and we feel that it is now so firmly established that it cannot be denied. Many things are being done in these modern times by Congress itself and by the Executive, that, under the Constitution, they have always had power to do, but the necessity for the exercise of which only arose out of our recent great political and industrial expansion. That which subserves the interests of the nation as a matter of policy, and is necessarily an implied power of the legislative or executive branch of the government, is sanctioned by the Supreme Court. Therefore, as we think the United States provisional court for Porto Rico was properly established and had jurisdiction of the original suits, out of which the litigation arose, plaintiffs have slept upon their rights, if they could have asserted and all their objections to the so-called want of due process of law, and their insistence that they can make this collateral attack on the judgment of a competent court, must be denied. any, For these reasons, we feel that the general demurrer to the declaration in each of the above entitled cases should be sustained with costs, and the suits dismissed, and it is so ordered. GENERAL ORDERS, NO. 88. HEADQUARTERS DEPARTMENT OF PORTO RICO. 1. In view of existing and steadily increasing legal business requiring judicial determination, which does not fall within the jurisdiction of the local insular courts, such as smuggling goods in evasion of revenue laws, Santiago v. Nogueras. larceny of United States property, controversies between citizens of different states and of foreign states, violation of the United States postal laws, etc., etc., and pursuant to authority of the President of the United States, conveyed by indorsement of April 14th, 1899, from the Acting Secretary of War, and after full conference with the Supreme Court and members of the bar of the island, a United States provisional court is hereby established for the department of Porto Rico. 2. The judicial power of the provisional court hereby established shall extend to all cases which would be properly cognizable by the circuit or district courts of the United States under the Constitution, and to all common-law offenses within the restrictions hereinafter specified. 3. Art. 3, § 2, 1, of the Constitution, is as follows: "(1) The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; and be tween a state, or the citizens thereof, and foreign states, citizens, or subjects." 4. The decisions of said court shall follow the principles of common law and equity as established by the courts of the United States, and its procedure, rules, and records shall conform as nearly as practicable to those observed and kept in said Federal courts. Its terms and places of sitting shall be fixed by the court at such times and places as may be most convenient for the parties litigant, and to insure the expeditious transaction of business. 5. The provisional court shall consist of three judges, one of whom shall be known as the law judge, and the other two as associate judges, one United States district attorney, one marshal, one clerk, three deputy clerks, one stenographer and reporter, one interpreter, one bailiff and janitor, and one messenger. The law judge shall preside and shall determine and decide all technical questions of law. A majority vote of the bench shall determine all questions of fact. The jury system may be introduced or dispensed with in any particular case in the discretion of the court. 6. The judges of the provisional court shall be clothed with the powers vested in the judges of the circuit or district courts of the United States. 7. The district attorney shall be authorized to present to the court informations against all parties for violations of United States statutes and Santiago v. Nogueras. regulations. He shall also, in like manner, present informations for violations of orders issued by the department commander, relating to civil matters, which may be referred to him from these headquarters. It shall also be his duty to represent the United States in all suits to which it is a party, and to perform such other duties as usually pertain to the district attorneys in the Federal courts of the United States. 8. In order to define more clearly certain branches of the criminal juris diction of the provisional court, it is hereby provided that it shall in clude and be exclusive in the following classes of cases: (1) All offenses punishable under the statutory laws of the United States, such as those indicated in ¶ 1 of this order; (2) offenses committed by or against persons, foreigners or Americans, not residents of this department, but who may be traveling or temporarily sojourning therein, or against the property of nonresidents; (3) offenses against the person or property of persons belonging to the Army or Navy, or those committed by persons belonging to the Army or Navy, not properly triable by military or naval. courts; but not including minor police offenses; (4) offenses committed by or against foreigners or by or against citizens of another state, district, or territory of the United States, residing in this department. 9. Cases arising under article 11 of the treaty of peace between the United States and Spain will be determined as therein provided. 10. In civil actions, when the amount in controversy is fifty dollars ($50) or over, and in which any of the classes of persons above enumerated in paragraph 8 are parties, or in which the parties litigant by stipulation invoke its jurisdiction, shall be brought in the provisional court; Provided, that in the determination of all suits to which Porto Ricans are parties, or of suits arising from contracts which have been or shall be made under the provisions of Spanish or Porto Rican laws, the court shall, as far as practicable, conform to the precedents and decisions of the United States courts in similar cases which have been tried and determined in territory formerly acquired by the United States from Spain or Mexico. In all other civil actions the case shall lie within the jurisdiction of the proper insular court, as now provided by local law. 11. If any party litigant shall feel aggrieved by the judgment or decree of said court, a stay of ninety days shall be granted such party before the execution of such judgment or decree, upon the filing of a bond by him with sureties in an amount and with such conditions as the court may determine, for the purpose of allowing such party to make application to the Supreme Court of the United States for a writ of certiorari or other suitable process to review such judgment or decree. But if, at the end of said ninety days, such process has not been issued by the Supreme Court, execution shall forthwith issue. Santiago v. Nogueras. 12. The department commander will exercise the power of pardon, commutation, or mitigation of punishment in criminal cases. 13. All fees, fines, and costs paid to the clerk of the provisional court shall be turned over by him at the end of each calendar month to the treas urer of the island with a statement of the sources from which they are received. 14. Members of the bar of Porto Rico will be admitted to practice in the provisional court upon presentation of a certificate signed by the presi dent of the supreme court of Porto Rico, certifying to their professional standing. 15. All lawyers practising in the provisional court who are unfamiliar with the English language shall be permitted, upon application, to use their own interpreter when addressing the court. 16. The court shall adopt an appropriate seal, which will be procured by the treasurer of the island. The clerk of the court shall have the custody of the seal for use in attesting legal documents in the usual manner. 17. In accordance with the provisions of paragraph 5, of this order, the following appointments are announced to take effect July 1st, 1899: To be law judge, Noah Brooks Kent Pettingill. To be provisional United States attorney, J. Marbourg Keedy. The following officers are hereby detailed on the special duty set opposite their respective names: Major Eugene D. Dimmick, 5th U. S. Cavalry, 1st Lieutenant Robert Alexander, 11th U. S. Infantry, Associate judges of the U. S. provisional court. Clerk of the U. S. provisional court. Private Samuel C. Bothwell, Troop D, 5th U. S. Cavalry, is detailed on special duty as marshal of the U. S. provisional court. The necessary deputies will be detailed in subsequent orders. The officers named will proceed to San Juan and report to the adjutant general of the department. The travel enjoined is necessary for the public service. W. P. Hall, Adjutant General. Laborde v. Laborde. JACINTO LOPEZ LABORDE ET AL. บ. FRANCISCA LUISA LABORDE ET AL. San Juan, Law, No. 386. and JOSÉ MARÍA UBARRI v. PABLO UBARRI ET AL. Equity, No. 407. 1. A person born in Porto Rico and resident here when the peace protocol was signed, but who removed to Spain before the treaty of peace was proclaimed, returning to Porto Rico less than a year thereafter, and who remained here several months, and then returned to Spain for a year or more, and was domiciled there, holding a "cédula personal" of the municipality wherein domiciled, but who swears that during all of said time his intention was to be a citizen of Porto Rico, is such still. 2. "Cédulas personales" issued by Spanish municipalities to persons domiciled therein do not necessarily imply Spanish citizenship. Order filed April 2, 1907. Willis Sweet, Esq., Henry F. Hord, Esq., and Damian Monserrat, Esq., attorneys for plaintiffs. |