system for the archipelago. The system has now been in complete operation for something more than one year. The new code of civil procedure, mentioned in the Commission's former report, has been in operation for one year, and experience has demonstrated that the judicial system largely meets the needs of the islands. The judges have been in the main able, industrious, upright, and devoted to their work.

All the Filipino judges of the supreme court and courts of first instance who were originally appointed, with one exception, are still in office and have fulfilled the expectations of the Commission entertained at the time of their appointment. While they have found it difficult to expedite proceedings in accordance with American methods and to adapt themselves to the necessary new procedure, they have made very rapid improvement in this respect and in acquiring the English language. With perhaps one exception, they have administered the law fearlessly and ably, dealing with their own people and with Americans with an even hand. It is believed that the wisdom of appointing a considerable number of Filipinos judges has been aptly vindicated by experience and that in the process of time the proportion of Filipino judges may be increased without impairing the efficiency of the administration of justice. The new code of procedure in civil actions and special proceedings has greatly facilitated the dispatch of business, and all the courts are teaching the people a needed lesson of subordination to law and that their rights of person and property can safely be reposed in the courts and will be vindicated and protected therein without resorting to violence; and this is a new condition in the Philippine Islands.

The fiscals, or prosecuting officers in the provinces, are without exception Filipinos. While some who were appointed have been found incompetent and have been superseded by others, in the main these officials have rendered useful and valuable services, and are each day becoming more efficient as they become more familiar with American methods.

The justices of the peace necessarily find great difficulty in performing their duties satisfactorily, but they are gradually receiving instruction in that behalf from the judges of the courts of first instance, and are to be soon supplied with a manual, to be prepared by the attorneygeneral, defining particularly their methods of procedure. Appeals are made easy and inexpensive, so that errors committed by justices of the peace can readily be corrected in the higher courts.

NEW LEGISLATION RELATING TO COURTS.

The Spanish law upon the subject of libel and slander was exceedingly incomplete and filled with incongruities, and provided banishment as one of the principal penalties. To remedy these defects, on October 24, 1901, act No. 277 was passed defining the law of libel, making it a misdemeanor, giving a right of civil action therefor, making obscene or indecent publications misdemeanors, prohibiting the right to recover civil damages in a criminal prosecution for libel, and providing reasonable penalties by fine or imprisonment, substantially as in the United States. Under the Spanish law the truth could not be shown in a defense of a criminal prosecution for libel. Under act 277 the defendant is entitled to an acquittal upon showing the truth to be as charged in the libel, and that the matter charged as libelous is published for good motives and justifiable ends. There have been

but two prosecutions under the act, one of the editor and publisher of an American newspaper and the other of the editor and publisher of a Spanish newspaper. Both resulted in convictions, which have greatly improved the tone and character of the newspapers in the islands.

On November 1, 1901, an act was passed "providing an inexpensive method of administration upon the estates of civil employees of the Philippine government who are citizens of the United States and who die in the service of the insular government, leaving small estates upon which no regular administration is deemed advisable." The administration in such case is confided to the treasurer of the Philippine Archipelago, who administers the estates in a very inexpensive manner, and, after payment of the debts and expenses, remits the amount of the estate left in his hands to the lawful heirs.

On November 4, 1901, act No. 292 was passed, entitled "An act defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances, whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovery of the same, and the violations of oaths of allegiance, and prescribing punishment therefor." In the main this act is based upon the provisions of the United States statutes covering the same subject, and upon the provisions of the acts of the legislatures of the several States. Sections 9 and 10 introduce features not common in the United States.

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Section 9 provides that-All persons who shall meet together for the purpose of forming, or who shall form any secret society or who shall after the passage of this act continue membership in a society already formed having for its object, in whole or in part, the promotion of treason, rebellion or sedition, or the promulgation of any political opinion or policy, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or both.

It will be observed that this section does not prohibit secret societies or the open promulgation of political opinion or policy, but only membership in a secret society "having for its object, in whole or in part, the promotion of treason, rebellion, or sedition, or the promulgation of any political opinion or policy. Sedition and rebellion in the Philippine Islands have always been promoted through the agency of secret societies, and it is exceedingly difficult to draw the line between a secret society having for its object the promotion of political opinion and one having for its object the promotion of rebellion and sedition; the two are usually combined. The method adopted by such societies for promulgating political opinions or policies has been almost invariably by promoting rebellion or sedition through secret associations. It was considered desirable that the promulgation of political opinion or policy should be open, public, and known, not secret, stealthy, and surreptitious. It is believed that actual conditions required this legislation.

Section 10 makes it unlawful for any person to advocate orally or by writing or printing or by like methods the independence of the Philippine Islands or their separation from the United States, either by peaceable or forcible means, or to print, publish, or circulate any handbill, newspaper, or other publication advocating such independence or separation; but this prohibition, by its terms, is to continue in force only until it has been officially proclaimed that a state of war or insurrection against the authority or sovereignty of the United States no longer exists in the Philippine Islands. Such proclamation having been issued by the President on the 4th day of July, 1902, sec

tion 10 is no longer operative. But while a state of war existed here it was highly dangerous to allow organizations, parties, and the press to agitate the separation of the islands from the United States. Such agitation directly tended to stimulate and promote the insurrection. and to continue it. Peaceful agitators at such a time cooperated most effectually with the armed agitators in the jungle. It is not believed

that in any country during the time of war an agitation of such a character would be tolerated, least of all in one where people were untrained in the exercise of free speech and were certain in their first enjoyment of it to indulge in excesses.

The war

Under this act there has been one prosecution, followed by conviction, of the editor and publisher of an American newspaper in Manila. That newspaper had long adopted a policy of charging Filipinos who were appointed to office with wholesale corruption, and had continually indulged in arraignment of every measure that was adopted for the pacification of the islands. It had attempted to incite to the highest degree hostility between Americans and Filipinos and to intensify prejudices that inevitably existed. No other newspaper has been prosecuted under the act. having terminated, it is improbable that any further prosecution of newspapers for sedition will be necessary. Quite a number of Filipinos who had taken the oath of allegiance and had violated it by aiding in the insurrection-secreting arms, furnishing money and information to the insurgents-were prosecuted, and such as were proven guilty were convicted, and others were acquitted. But the amnesty proclamation issued by the President on the 4th day of July, 1902, released those who had been so convicted for all offenses committed prior to the 1st day of May, 1902. If further prosecutions of Filipinos are necessary for seditious offenses committed hereafter, it will be mainly by reason of the connection of some restless Filipinos with secret societies having for their object political agitation, coupled with robbery, assassination, and plunder of those who will not join in the agitation.

On February 6, 1902, the customs administrative act was passed, chapter 23 of which provides for the creation of a court of customs appeals, of which the secretary of finance and justice should be president, one of the judges of the supreme court to be an associate judge, and a third judge to be appointed who should also act as a clerk of the court. To that court was given exclusive jurisdiction of all criminal offenses arising out of the administration of the law relating to the payment and collection of customs duties, and of all appeals from the ruling of the collector of customs for the Philippine Archipelago as to classification of imported or exported merchandise, and as to the imposition, administratively, of fines and penalties or decrees of forfeiture or confiscation by the collector of customs whenever such fines, penalties, and forfeitures or confiscations should exceed $500 in amount. Section 288 provides, among other things, as follows:

The remedy by appeal to the court of customs appeals is exclusive of all other remedies upon all questions arising relating to the customs duties, or the administration thereof, under this act. No right of action shall exist on the part of the owner, importer, exporter, or consignee to recover back any duties, fees, exactions, or fines by him or them paid, except by means of appeal in accordance with the provisions of this act. No appeal shall lie to any tribunal from the judgment of the court of customs appeals, nor shall any tribunal have the right to review its decisions or proceedings in any form.

Under the general provisions of the act the action of any collector of customs is reviewable by the collector of customs for the Philip

pine Archipelago, so that all questions arising at the different ports of entry come to Manila for determination by the insular collector. It was considered expedient, therefore, that all the litigation arising out of the customs administrative act should be carried on at Manila and in a single court where there would be uniformity of decision and speedy action.

The court was organized soon after the passage of the act, and has down to date disposed of every original action or appeal pending therein. It is thought that no better system for the economical, uniform, and speedy determination of such questions, under the conditions that exist in these islands, can at present be devised. The earlier appeals that came into that court raised to a large extent questions involved in the "Insular cases" recently decided by the Supreme Court of the United States. The decisions of the court of customs appeals in the cases referred to, involving all phases of those questions, are hereto attached and marked "Exhibit A."

On May 9, 1902, act No. 396 was passed increasing the number of judges of the courts of first instance, and fixing the salaries of the additional judges provided for. Experience demonstrated that two judges of the court of first instance were unable to keep abreast of the business in the city of Manila. One additional judge was, therefore, provided for that court. It was likewise found that more or less judges of other courts of first instance would ordinarily be absent from their post of duty, by reason of illness or earned leave of absence, and that in order to meet such difficulties, and also to relieve the pressure of accumulated business in some of the districts, the appointment of four additional judges was necessary who could be assigned to such province, from time to time, as might be necessary. It is probable that eventually the archipelago may be redistricted, but there has not yet been sufficient experience to demonstrate upon what lines such redistricting should be made. The operation of the act has been to enable the courts regularly to be carried on in all the provinces and to dispose of arrearages of old litigation that had accumulated during the latter portion of the Spanish régime and during the prevalence of the war.

The salary of the additional judge appointed for the city of Manila was made $5,500, the same salary as the other judges of that court receive. The salaries of the judges at large were fixed at $4,500. Under this act, Hon. Byron S. Ambler, of Ohio, was appointed as additional judge for the city of Manila, and Hon. William H. Pope, of New Mexico, Hon. William S. Norris, of Nebraska, Hon. James H. Blount, jr., of Georgia, have been appointed as judges at large, leaving one vacancy in that class of judges. Judge Blount has served for something over a year as judge of the first judicial district, and has received this promotion. To succeed him Hon. Adolph Wislizenus, of Missouri, has been appointed judge of the court of first instance for the first judicial district. Hon. G. H. Whitsett, judge of the fourteenth judicial district, has been obliged to return home on account of illness in his family, and has been succeeded by Hon. John S. Powell, of Georgia. In the twelfth judicial district, Hon. Juan de Leon has resigned by reason of illness in his family, and the vacancy has not yet been filled, the duties of judge in that judicial district being temporarily performed by Judge Pope. Judge John S. Powell long served in the Army of the United States in the Philippine Islands.

For the court of customs appeals, Chief Justice Arellano has been assigned as one of the judges, and Hon. Amasa S. Crossfield, of

Minnesota, has been appointed as the third judge and clerk. Judge Crossfield was prior to his appointment city assessor and collector of the city of Manila, and before that time collector of customs for the port of Cebu, and was a captain in the army of the United States in the Philippines.

The work of the special court mentioned in the Commission's last former report, which was provided for disposing of the arrearages of litigation in the island of Negros, has been completed, all arrearages having been finally disposed of, and the court has by operation of law ceased to exist. Its judge has been promoted temporarily to the position of judge at large and is now disposing of about 800 old cases pending in the province of Capiz.

Admiralty jurisdiction had been largely exercised by provost courts organized during the military régime, and it was deemed necessary to make adequate provision for the criminal admiralty jurisdiction in courts of first instance, they having, by virtue of act No. 136, original civil jurisdiction in admiralty. Accordingly on May 16, 1902, an act was passed extending to courts of first instance jurisdiction over maritime offenses, section 1 of which confers upon courts of first instance jurisdiction

of all crimes and offenses committed on the high seas or beyond the jurisdiction of any country or within any of the navigable waters of the Philippine Archipelago, on board a ship or water craft of any kind, registered or licensed, in the Philippine Islands, in accordance with the laws thereof. The jurisdiction herein conferred may be exercised by the court of first instance in any province into which the ship or water craft upon which the crime or offense was committed shall come after the commission thereof: Provided, nevertheless, That the court first lawfully taking cognizance thereof shall have jurisdiction of the same to the exclusion of all other courts in the Philippine Islands.

Section 2 of the act transferred to courts of first instance all civil actions pending in provost courts and all jurisdiction over criminal actions in admiralty except such as might arise in any province or district exclusively under military control, wherein the jurisdiction of provost courts was made concurrent with that of courts of first instance over criminal actions in admiralty; but as the whole archipelago, aside from the Moro country, is now organized under civil government, maritime and admiralty jurisdiction over criminal and civil actions is now fixed in the ordinary civil courts.

ATTORNEY-GENERAL'S OFFICE.

The report of the attorney-general is hereto annexed and marked "Exhibit 1." In its statements it covers the organization of the office and the character and volume of the business transacted therein from the date of the organization of the office, on July 16, 1901, to September 1, 1902. The attorney-general has during that period rendered to the civil governor, the heads of departments and members of the Commission and other civil officers 408 written opinions; has returned to the supreme court 402 cases therein pending, with the opinion of the solicitor-general thereon; has briefed and argued in the supreme court 67 cases; has appointed 218 subordinate officials for courts of first instance; considered and made recommendations to the governor upon 171 applications for pardon, and has sent out 2,068 other official communications. The attorney-general's office has exercised a general supervision over the fiscals of the different provinces, the supervisor of fiscals and the assistant attorney-general going from province to