in the terms and under conditions expressed in said decrees, as modified and defined by the provisions of this order. II. The courts alone shall have the power to declare whether or not the pardon shall apply in any particular case. The authority, therefore, given by the above mentioned decree of December 16, 1898, to directors of penal establishments, to grant this pardon to persons under their custody, is hereby revoked. Cases in which the said pardon has already been given its full effect will not, however, be reconsidered. III. The said pardon shall not be granted except to persons who fulfill the conditions mentioned in said decree. If, in the same case, there were associated others who were criminally responsible, the proceedings against the latter shall continue until final judgment is rendered. IV. To establish the fact that an accused was actually a volunteer and included within the terms of said pardon, there will be required a certificate of entrance into said force, executed in due form by the persons regularly authorized to issue such papers, and dated prior to the commission of the crime. In the absence of such credentials, there may be substituted the certificate of the Spanish authority or functionary, at this date in charge of the archives of the general subinspection of volunteers, to the fact that these records show the dates of entrance into, and discharge from the volunteers of the persons concerned, or that such persons belonged to the volunteers on the 31st day of December, 1898. This certificate must be duly authenticated. V. Persons who possess only the credentials referred to in the first part of the preceding article, and no other document legally issued and supported by the archives mentioned therein, by which to establish the fact that they belonged to the Corps of Volunteers at the date of the commission of the crime, may prove this fact by the sworn statement of two witnesses. VI. The accused may at any time during trial or after sentence produce the proofs to which the preceding articles refer, and apply for his pardon. L. W. V. KENNON, Assistant Adjutant-General. No. 31a. HEADQUARTERS DIVISION OF CUBA, Habana, March 31, 1899. The military governor of Cuba directs the publication of the following order: General Order No. 11, from these headquarters, dated Havana, January 30, 1899, is hereby reaffirmed and the Gazette of Habana (Gaceta de la Habana), Cuba, is announced as the official gazette of the military government of Cuba. No other will be so recognized. L. W. V. KENNON, Assistant Adjutant-General. No. 33. HEADQUARTERS DIVISION OF Cuba, On the recommendation of the secretary of justice and public instruction, the military governor of Cuba directs the publication of the following order: I. The "Tribunal local contencioso administrativo" is hereby abolished. II. The trial of all suits which have heretofore been under the jurisdiction of the said tribunal shall hereafter pertain to the sala de lo civil of the audencia of Habana. L. W. V. KENNON, Assistant Adjutant-General. No. 38. HEADQUARTERS DIVISION of Cuba, Habana, April 12, 1899. On the recommendation of the secretary of state and government, the military governor of Cuba directs the publication of the following order: I. The administration of cemeteries, constructed with municipal or other analogous funds, not proceeding from the church, shall pertain to municipalities. II. The administration of cemeteries constructed partly with ecclesiastical funds, and partly with municipal or other analogous funds shall also pertain to municipalities, the church receiving the proportional share of the receipts which may belong to it. III. The administration of cemeteries constructed exclusively with ecclesiastical funds shall belong to the church, but the questions of police and hygiene shall be under the direction of the civil authority. IV. Municipalities which, under the provisions of Articles I and II hereof, claim the right to the administration of a cemetery at this time in the possession of and administered by the church, shall present their claims, accompanied by documentary proofs thereof, before the proper civil governor, within two months from the date of this order, for decision as regards the question of administration. The civil governor will render decision, against which appeal may be made to the courts having jurisdiction over administrative matters. Claims presented after the expiration of the said two months will not be considered. V. The possession of any building or other property, evidently intended or commonly used for religious purposes by the ministers, priests, or other official representatives of any church or religious sect, will be considered prima facie evidence of title to such buildings or property until the question of ownership shall have been determined by due process of law. VI. The authorities of any municipality in which there is no civil cemetery will take immediate steps to establish one, due regard being had to laws on the subject relating to public health and sanitary conditions. VII. The decisions which may be made, as above, with respect to the administration of cemeteries, shall not affect the rights of the claimants to determine the question of ownership before the courts. VIII. The church may not be deprived of the administration of any cemetery of which it had charge up to the 1st day of January, 1899, and where transfer has been effected, restoration shall be made, until the decision of the civil government has been rendered in the case. IX. All decrees, orders, or laws, or parts thereof, in conflict with the provisions of the foregoing order, are hereby revoked. L. W. V. KEnnon, Assistant Adjutant-General. No. 39. HEADQUARTERS DIVISION OF CUBA, On the recommendation of the secretary of justice and public instruction, the military governor of Cuba directs the publication of the following order: I. In view of the abolition of provincial deputations, the "Institutos de segunda enseñanza" which formerly depended upon those bodies, shall hereafter be under the charge of the state. II. The dues for matriculation, examination, and other similar charges, which were formerly paid to provincial deputations, shall hereafter be paid to the state. The abolition of dues referred to in article 1 of the decree of March 29, 1899, shall also include the fees paid for degrees issued by the "institutos" referred to in the preceding article. III. The treasury department will pay approved accounts of the said “institutos” accruing since the 1st day of January, 1899, and which remain unpaid by the provincial deputations. L. W. V. KENNON, Assistant Adjutant-General. WAR 99—VOL 1, PT 6——3 No. 40. HEADQUARTERS DIVISION of Cuba, On the recommendation of the secretary of justice and public instruction, the military governor of Cuba directs the publication of the following order: I. The royal decrees of February 1, 1894, and November 6, 1896, creating and establishing rules for the government of a bureau of pensions and retired pay for primary teachers, are hereby revoked; the decree of the late autonomist government, dated May 24, 1898, organizing a board in Habana to take charge of said pension matters, is also revoked. II. The director of public instruction is charged with the settlement of the accounts of the said board, under the direction of the secretary of justice and public instruction. III. The said secretary is authorized to appoint two clerks, with an annual salary of $800, each, in American money, to be under the immediate orders of the director of public instruction, to aid him in making the settlement above provided for. IV. Dating from the 1st day of April, 1899, there shall be no deduction from the salaries of teachers of any grade on account of pensions or retired pay, nor shall any deduction be made from the amount assigned to any school for material. O. H. ERNST, Brigadier-General of Volunteers, Acting Chief of Staff. No. 41. HEADQUARTERS DIVISION of Cuba, The military governor of Cuba directs the publication of the following order : ORGANIZATION OF THE SUPREME COURT. I. A supreme court is hereby created, which shall sit in the capital of the island, and which shall have and shall exercise jurisdiction throughout Cuban territory. No other court or tribunal shall have the same title, character, or category. II. The supreme court shall be composed of a president or chief justice, six associate justices, and one fiscal, two assistant fiscals, one secretary or chief clerk, two deputy clerks, and such other subordinate employees as may hereinafter be provided for. III. The subordinate employees shall be six clerks, for the secretary; three "alguaciles," one doorkeeper, two laborers, for the court; two clerks and one "alguacil," for the fiscal. IV. As a court of justice, the supreme court shall sit as a single body, consisting of the president and the six associate justices. Five justices shall constitute a quorum to render judgment, but three may direct the course of pleadings and procedure. In appeals from sentences involving capital punishment or so-called perpetual penalties, or when the fiscal or plaintiff shall apply for the infliction of any such penalties, not less than seven justices shall sit at the hearing. All decisions and rulings must be concurred in by a majority of the justices sitting. In case of disagreement, the question shall be decided according to the law of procedure. V. If, on account of valid objection to one or more of the justices, or for any cause, the number of justices is reduced below that required for a quorum, substitutes may be had in the following order: First, the president of the audiencia of Havana; second, the presidents of the different departinents of the said audiencia; and third, the judges of the same. Among those of equal grade, the senior judgé in length of service shall be preferred, and in case two or more shall have the same length of service, preference will be determined by seniority of age. This last rule will also be applied in cases wherein a member of the court is substituted for the chief justice. If the case before the court involves a decision, either previously concurred in or rendered, in a case in which any of the substitutes have taken a part, other substitutes following next in order, as above, shall take their places, and the disqualified judge or judges shall refrain from sitting on the case. VI. The provisions of the foregoing article shall likewise apply in all civil cases in which the justices may be divided in opinion and there shall be lacking the number requisite to decide the issue. CONSTITUTION AND ATTRIBUTES OF THE SUPREME COURT. VII. The supreme court, in addition to its functions as a court of justice, shall also meet in administrative session. When sitting as a court of justice, the supreme court shall have jurisdiction in the following cases: 1. Criminal actions which may be hereafter expressly and specifically placed under its jurisdiction. 2. Criminal actions instituted against the chief justice, associate justices, fiscal or assistant fiscals of the supreme court. 3. Criminal actions against the president of any audiencia, or against the president of one of the sections of an audiencia. 4. Criminal actions against the chief clerk, or any of the deputy clerks of the supreme court for criminal offenses in connection with the discharge of their official duties. 5. Criminal actions against the secretary of an executive department of the government, or against the civil governor, of province. In the cases enumerated in the five preceding paragraphs, the supreme court shall have exclusive and original jurisdiction to try and decide them in oral and public trial. The court shall designate a judge of an audiencia as a special commission to inquire into such cases and to present them to the court. 6. Actions for civil liabilities against the chief justice or any of the associate justices of the supreme court, or the president of an audiencia, or any one of its sections, or a judge of such audiencia or section. 7. Cases of objection to the president of the supreme court, or to one or more of its justices. In the last two cases the court shall proceed according to the methods prescribed by the law of civil procedure. 8. Questions of consolidation or joining of actions, and questions of jurisdiction between judges and tribunals, who have no other common superior than the supreme court. 9. Review of rulings of audiencias, denying the right of appeal to the supreme court, from decisions in which are alleged errors of law, of legal doctrine, or defects in procedure. 10. Petitions for annulment of judgment for alleged error in law or legal doctrine, in cases where the hearing of such petitions may have been admitted. 11. Petitions for annulment of judgment for alleged defects of form in procedure, in cases where such petition may have been admitted. 12. The merits of the case itself, where the annulment of the judgment asked for in the petition has been granted by the supreme court, on grounds of error in law or legal doctrine. The provisions of the five preceding paragraphs shall apply both to civil and to criminal matters, except in so far as they refer to appeals for error in legal doctrine, which relate exclusively to matters of a civil character. 13. Petitions for annulment of awards rendered by arbitrators. 14. Petitions for revision in civil, criminal, and administrative matters (contencioso administrativo). 15. The execution of decisions rendered by foreign courts in accordance with treaties and laws now in force or which may be enacted or decreed hereafter. Cases are excepted which may by treaty be placed under the jurisdiction of other tribunals. 16. Proceedings to determine if hearing should be granted when judgment by default has already been rendered by the supreme court itself. 17. All extradition proceedings in cases wherein the supreme court itself has jurisdiction. 18. Appeals from the decisions of the audiencia of Habana in administrative cases (contencioso administrativo), as well as petitions for reversal of decision, in which appeal in such cases is denied. 19. Of any other matter of judicial character which the law may hereafter place under its special jurisdiction. VIII. The supreme court, when sitting in administrative sessions, is vested with the following authority and powers: 1. To supervise the administration of justice throughout Cuban territory. 2. To decide all matters which may be attributed to it by law, and which are not under the jurisdiction, as above stated, of the court when sitting as a court of justice. 3. To make such reports as the government may request, concerning the administration of justice, the organization of courts and conduct of business therein, the administration and financial affairs of the judiciary, and in general, the promulgation, repeal, and reform of laws. 4. To propose to the government what it may deem advisable or necessary in the matters to which the preceding paragraph refers. 5. To exercise disciplinary jurisdiction in the cases specified in the Digest of Organic Regulations for the Administration of Justice,1 and in the law of procedure, in the manner prescribed in said Digest. 6. To appoint and remove the subordinate employees of the court, on the recommendation of the President, except as provided for in paragraph 12, Article XIV, and Article XXVII. 7. To exercise such control as the laws may confer upon it, over the appointment, oath of office, and installment of judicial officers. 8. To prescribe regulations for the dress of officers of the court, the method of dispatching business, and the maintenance of order in the court. IX. The supreme court, when in administrative session, shall be composed, as when sitting as a court of justice, of the president and associate justices of the court; but in addition the fiscal, or assistant fiscal who may represent him, shall invariably be present and shall have the right to speak and vote, except when the question before the court shall involve the exercise of disciplinary jurisdiction; in such cases the fiscal shall confine himself to the ordinary duties of his office, in accordance with the rules mentioned in section 5 of the preceding article. X. Five of the above-mentioned members of the court shall constitute a quorum to hold administrative session. All decisions shall be made by a majority of the members present, except that in cases involving the exercise of disciplinary jurisdiction the fiscal or his substitute shall not count to form the aforesaid quorum of five. XI. The meetings of the court in administrative session shall ordinarily be held weekly, unless there should be no business pending before it; but in exceptional cases the president, if he deem it necessary, may call an extra session at any time. XII. The court, in administrative session, shall be governed by the rules contained in title 10 of the digest, in all matters relating to the methods of voting and debating, the manner of holding sessions, and attendance upon the same, the duties of the secretary, the recording of the minutes and of the votes taken, as well as other matter within the province of the court, in such session. From this rule are excepted the provisions of article 311 of the Digest, in so far as these relate to the presence of the assistant fiscal, who, when present in place of the fiscal, shall have the right to speak and vote, as prescribed in Article IX. XIII. The decision of the court, in administrative session, must be accompanied by the reasons therefor, but they need not necessarily have the form of "resultandos" and "considerandos," which form the court may adopt at its discretion. In a case wherein the court shall concur in the written opinion of the fiscal and the grounds thereof, it shall be sufficient for it to express its conformity with both. THE PRESIDENT OF THE COURT. XIV. The chief justice shall be the presiding officer of the supreme court, and as such, shall have the following powers: 1. To convene and preside over the court, either when sitting as a court of justice or in administrative session. 2. To enforce obedience to this decree and to all laws relating to the duties of his office. 3. To recommend to the government such measures as he may consider necessary or advisable to insure the better administration of justice. 4. To receive and dispatch official correspondence. 5. To forward, with his opinion thereon, all petitions, complaints, and reports, which the court, the associate justices or subordinates thereof, may present to the government. 6. To receive excuses of the associate justices, officers, and subordinates of the court for nonattendance thereon. 7. To see that all associate justices, officers, and subordinates of the court fully perform their duty, and to issue such orders as he may deem advisable to insure the discharge of their functions. 8. To indicate to the fiscal what he may consider advisable for the better administration of justice, so far as relates to the fiscal and his subordinates, but without communicating directly with such subordinates or restricting, in any way, the free action of these officials. When he considers it necessary, he will report to the government what he may deem advisable concerning the fiscals and their duties. 9. To report to the court such acts of the associate justices as may deserve disciplinary correction, and also offenses which the said justices may have committed in the discharge of their official functions. 10. To report to the government all vacancies occurring in the court which should be filled by appointment by the government, as well as all vacancies, due to any cause, which may, for any considerable time, prevent any officer of the court from performing his duties. Compilación de las Disposiciones orgánicas de la Administración de Justicia. This will hereafter, in this decree, be referred to simply as "The Digest.” |