United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 43 of 150)
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for the internal improvement or development of the island, not,
however, including defenses, barracks, harbors, light-houses, buoys,
and other works undertaken by the United States, shall be paid by
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GlSo) THB TBBBITORIBS and insular POSSB88IONS § 8761

the treasurer of Porto Rico out of the revenues in his custody.
(31 Stat. 80.)

The salary of the resident commissioner to the United States was to be paid
by the United States by a provision of section 39 of this act, post, t 8796.

§ 3760. (Act AprU 12, 1900, c. 191, § 13.) Property acquired
from Spain under control of government of Porto Rico ; harbor
areas and navigable waters excepted.
All property which may have been acquired in Porto Rico by the
United States under the cession of Spain in said treaty of peace in
any public bridges, road houses, water powers, highways, unnavi-
gable streams, and the beds thereof, subterranean waters, mines, or
minerals under the surface of private lands, and all property which
at the time of the cession belonged, under the laws of Spain then
in force, to the various harbor-works boards of Porto Rico, and
all the harbor shores, docks, slips, and reclaimed lands, but not in-
cluding harbor areas or navigable waters, is hereby placed under
the control of the government established by this Act to be admin-
istered for the benefit of the people of Porto Rico ; and the legis-
lative assembly hereby created shall have authority, subject to the
limitations imposed upon all its acts, to legislate with respect to all
such matters as it may deem advisable. (31 Stat. 80.)

The President was authorized to reserve certain public lands and buildings
in Porto Rico for public purposes, and the rest of the public lands were
granted to Porto Rico, by Act July 1, 1902, c. 1383, t li Post, § 3761.

The Secretary of War was empowered to authorize <he construction, under
certain restrictions, of wharves, piers, etc., in Porto Rico, by Act June 11,
1906, c 3075, post, if 370^-^803.

§^ 3761. (Act July 1, 1902, c. 1383, § 1.) Reservation of certain
public lands and buildings for public purposes of the United
States; other public lands, etc, granted to Porto Rico; re*
lease of claims by Porto Rico to lands reserved by United
States; private rights not affected.
That the President be, and he is hereby, authorized to make,
within one year after the approval of this Act, such reservation of
public lands and buildings belonging to the United States in the
island of Porto Rico, for military, naval, light-house, marine-hos-
pital, post-offices, custom-houses. United States courts, and other
public purposes, as he may deem necessary, and all the public lands
and buildings, not including harbor areas and navigable streams
and bodies of water and the submerged lands underlying the same,
owned by the United States in said island and not so reserved be,
and the s^me are hereby, granted to the government of Porto Rico,
to be held or disposed of for the use and benefit of the people of
said island: Provided, that said grant is upon the express condi-
tion that the government of Porto Rico, by proper authority, re-
lease to the United States any interest or claim it may have in or
upon the lands or buildings reserved by the President under the
provisions of this Act : And provided further, That nothing herein
contained shall be so construed as to affect any legal or equitable
rights acquired by the government of Porto Rico or by any other

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§ 8761 THS TBRRITOR1B8 AND INSULAR P088BS8ION8 (Tit. 23

party, under any contract, lease, or license made by the United
States authorities prior to the first day of May, nineteen hundred.
(32 Stat. 731.)

This Mction wai part of an act entitled ''An act anthorisins the Preaident
to retenre public lands and buildingi in the island of Porto Rico for pablie
nsea, and grantinK other public lands and buildings to the goyemment of Porto
Rico, and for other purposes.**

Section 2 of the act made an appropristion for the purchsse of a law library
for the use of the United SUtes district court for Porto Rico. It la omitted
as temporary merely.

Section 8 of the act proyided that the resident commissioner from Porto
Rico should be entitled to his traveling expenses, and changed the date of tbe
expiration of his term of office. It is set forth post, f 8707.

§ 3762. (Act April 12, 1900, c 191, § 14.) IaWb of United Sutes
extended to Porto Rico; exceptions.
The statutory laws of the United States not locally inapplicable,
except as hereinbefore or hereinafter otherwise provided, shall have
the same force and effect in Porto Rico as in the United States,
except the internal-revenue laws, which, in view of the provisions
of section three, shall not have force and effect in Porto Rico. (31
Stat. 80.)

§ 3763. (Act April 12, 1900, c 191, § 15.) Power to amend or re-
peal any law continued in force granted to legislature.
The legislative authority hereinafter provided shall have power
by due enactment to amend, alter, modify, or repeal any law or or-
dinance, civil or cfiminal, continued in force by this Act, as it may
from time to time see fit. (31 Stat. 80.)

§ 3764. (Act April 12, 1900, c 191, § 16.) Style of judicial pro-
cess; oath of officials.
All judicial process shall run in the name of ''United States of
America, ss : the President of the United States," and all criminal
or penal prosecutions in the local courts shall be conducted in the
name and by the authority of "The people of Porto Rico;" and
all officials authorized by this Act shall before entering upon the
duties of their respective offices take an oath to support the Con-
stitution of the United States and the laws of Porto Rico. (31
Stat 81.)

THE OOTCBNOB

§ 3765. (Act April 12, 1900, c. 191, § 17.) The governor; appoint-
ment; term; residence and office; powers; reports; duties
delegated by the President.
The official title of the chief executive officer shall be "The Gov-
ernor of Porto Rico." He shall be appointed by the President, by
and with the advice and consent of the Senate ; he shall hold his
office for a term of four years and until his successor is chosen and
qualified unless sooner removed by the President; he shall reside
in Porto Rico during; his official incumbency, and shall maintain his
office at the seat of government; he may grant pardons and re-
prieves, and remit fines and forfeitures for offenses against the laws
of Porto Rico, and respites for offenses against the laws of the
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Ch. 30) THO TBRRITORIES AND INSULAR POSSESSIONS § 3767

United States, until the decision of the President can be ascer-
tained ; he shall commission all officers that he may be authorized
to appoint, and may veto any legislation enacted, as hereinafter
provided ; he shall be the commander in chief of the militia, and
shall at all times faithfully execute the laws, and he shall in that
behalf have all the powers of governors of the Territories of the
United States that are not locally inapplicable; and he shall an-
nually, and at such other times as he may be required, make official
report of the transactions of the government in Porto Rico, through
the Secretary of State, to the President of the United States : Pro-
vided, That the President may, in his discretion, delegate and as-
sign to him such executive duties and functions as may in pursu-
ance with law be so delegated and assigned. (31 Stat. 81.)

Reports made by the goyemor or members of the executive cooncU were
all required to be made to an executive department of the United States
government to be designated by the President, by Act July 15, 1909, c 4, f
2, post, i 3775.

THE EXECUTIVE COUNCH*

§ 3766. (Act AprU 12, 1900, a 191, § 18.) Executive council;
members; appointment; term; powers and duties of council.
There shall be appointed by the President, by and with the ad-
vice and consent of the Senate, for the period of four years, unless
sooner removed by the President, a secretary, an attorney-general,
a treasurer, an auditor, a commissioner of the interior, and a com-
missioner of education, each of whom shall reside in Porto Rico
during his official incumbency and have the powers and duties
hereinafter provided for them, respectively, and who, together with
five other persons of good repute, to be also appointed by the
President for a like term of four years, by and with the advice and
consent of the Senate, shall constitute an executive council, at feast
five of whom shall be native inhabitants of Porto Rico, and, in ad-
dition to the legislative duties hereinafter imposed upon them as a
body, shall exercise such powers and perform such duties as are
hereinafter provided for them, respectively, and who shall have
power to employ all necessary deputies and assistants for the
proper discharge of their duties as such officials and as such execu-
tive council. (31 Stat. 81.)

§ 3767. (Act April 12, 1900, c. 191, § 19.) Secretary; duties.

The secretary shall record and preserve minutes of the proceed-
ings of the executive council and the laws enacted by the legisla-
tive assembly and all acts and proceedings of the governor, and
shall promulgate all proclamations and orders of the governor and
all laws enacted by the legislative assembly. He shall, within six-
ty days after the end of each session of the legislative assembly,
transmit to the President, the President of the Senate, the Speaker
of the House of Representatives, and the Secretary of State of the
United States one copy each of the laws and journals of such ses-
sion. (31 Stat. 81.)

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§ 8768 THB TBRRITORIB8 AND INSULAR P088S88ION8 (Tit 23

§ 3768. (Act April 12, 1900, c. 191, § 20.) Secretary to act as gov-
ernor in case of death, removal, etc., of governor.

In case of the death, removal, resignation, or disability of the
governor, or his temporary absence from Porto Rico, the secretary
shall exercise all the powers and perform all the duties of the gov-
ernor during such vacancy, disability, or absence. (31 Stat 81.)

§ 3769. (Act April 12, 1900, c. 191, § 21.) Attorney-general; pow-
ers and duties.
The attorney-general shall have all the powers and discharge all
the duties provided by law for an attorney of a Territory of the
United States in so far as the same are not locally inapplicable, and
he shall perform such other duties as may be prescribed by law, and
make such reports, through the governor, to the Attorney-General
of the United States as he may require, which shall annually be
transmitted to Congress. (31 Stat. 82.)

Reports made by the govenior or members of the ezecatlTe council were
all required to be made to an executire department of the United State*
government, to be detisnated by the President, by Act July 15, 1909, c 4,
i 2, post, t 8775.

§ 3770. (Act April 12, 1900, c. 191, § 22.) Treasurer; powers and
duties.
The treasurer shall give bond, approved as to form by the at-
torney-general of Porto Rico, in such sum as the execution council
may require, not less, however, than the sum of one hundred thou-
sand dollars, with surety approved by the governor, and he shall
collect and be the custodian of the public funds, and shall disburse
the same when appropriated by law, on warrants signed by the
auditor and countersigned by the governor, and shall perform such
othpr duties as may be prescribed by law, and make, through the
governor, such reports to the Secretary of the Treasury of the
United States as he may require, which shall annually be trans-
mitted to Congress. (31 Stat 82.)

Reports made by tbe goremoT or memben of the execntiTe conncU were
all required to be made to an executive department of the United States
goTemment, to be designated by the President, by Act July 15, 1909, c. 4, |
2, post, i 3770.

§ 3771. (Act April 12, 1900, c 191, § 23.) Auditor; duties.

The auditor shall keep full and accurate accounts, showing all
receipts and disbursements and perform such other duties as may
be prescribed by law, and make, through the governor, such re-
ports to the Secretary of the Treasury of the United States as he
may require, which shall annually be transmitted to Congress.
(31 Stat. 82.)

Reports made by the goTemor or members of tbe ezecutlye council were all
required to be made to an executive department of tbe United States govern-
ment to be designated by tbe President, by Act July 15, 1909, c 4, | 2, post,
f 3775.

§ 3772. (Act April 12, 1900, c. 191, § 24.) Commissioner of the
interior; powers and duties.
The commissioner of the interior shall superintend all works of

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Ch. 3o) THB TBBRITOBIBS AND INSULAR P08SB8SIONS § 8775

a public nature, and shall have charge of all public buildings,
grounds, and lands, except those belonging to the United States,
and shall execute such requirements as may be imposed by law
with respect thereto, and shall perform such other duties as may
be prescribed by law, and make such reports through the governor
to the Secretary of the Interior of the United States as he may re-
quire, which shall annually be trafnsmitted to Congress. (31 Stat.
82.)

Beports made by the goyemor or members of the executiTe council were all
reqaired to be made to an ezecntiTe department of the United States govern-
ment, to be designated by the President, by Act July 15, 1909, c 4, t 2, post,
I 3775.

§ 3773. (Act April 12, 1900, c. 191, § 25.) Commissioner of educa-
tion ; powers and duties.

The commissioner of education shall superintend public instruc-
tion throughout Porto Rico, and all disbursements on account
thereof must be approved by him : and he shall perform such other
duties as may be prescribed by law, and make such reports through
the governor as may be required by the Commissioner of Educa-
tion of the United States, which shall annually be transmitted to
Congress. (31 Stat. 82.)

Reports made by the governor or members of the execntlTe council were
all required to be made to an executive department of the United States gov-
ernment, to be designated by the President, by Act July 15, 1009, c 4, $
2, post, § 3775.

§ 3774. (Act AprU 12, 1900, c. 191, § 26.) Other members of coun-
cil; duties; compensation^
The other five members of the executive council, to be appointed
as hereinbefore provided, shall attend all meetings of the executive
council and participate in all business of every character that may
be transacted by it; and they shall receive as compensation for
their services such annual salaries as may be provided by the leg-
islative assembly. (31 Stat. 82.)

§ 3775. (Act July 15, 1909, c. 4, § 2.) All reports to be made to an
executive department of the United States to be designated by
the President; all matters relating to government of Porto
Rico within jurisdiction of that department.
All reports required by law to be made by the governor or mem-
bers of the executive council of Porto Rico to any official in the
United States shall hereafter be made to an executive department
of the Government of the United States to be designated by the
President; and the President is hereby authorized to place all mat-
ters pertaining to the government of Porto Rico in the jurisdiction
of such department. (36 Stat. 11.)

This was section 2 of an act entitled **An act to amend an act entitled *An
act temporarily to provide revennes and a civil government for Porto Rico, and
for other purposes/ approved April twelfth, nineteen hundred/' cited above.

Section 1 of this act amended Act April 12, 1900, c. 191, | 81, and is in-
corporated in that section as set forth, post, § 8780.

Reports by the governor and other members of the executive council were

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S 8776 THE TERRITORIES AKD INSULAR POSSESSIONS (Tit 23

required to be made to rarioiu officen and depaftmenti of tho United State*
fOTemment by Act April 12, 1900, c 191, If 17, 21-25, ante, U 8765, 870^-
3778.

HOUSE OP DBLBOATES

§ 3776. (Act April 12, 1900, c. 191, § 27.) Legislative assembly;
executive council and house of delegates; niunber of delegates.

All local legislative powers hereby ^^nted shall be vested in a
legislative assembly which shall consist of two houses; one the
executive council, as hereinbefore constituted, and the other a
house of delegates, to consist of thirty-five members elected bien-
nially by the qualified voters as hereinafter provided ; and the two
houses thus constituted shall be designated "The legislative as-
sembly of Porto Rico." (31 Stat 82.)

§ 3777. (Act April 12, 1900, c. 191, § 28.) Districts for election of
delegates.
For the purposes of such elections Porto Rico shall be divided by
the executive council into seven districts, composed of contiguous
territory and as nearly equal as may be in population, and each
district shall be entitled to five members of the house of delegates.
(31 Stat 82.)

ELECTION or DELEGATES

§ 3778. (Act April 12, 1900, c 191, § 29.) First election of dele-
gates; term of office; qualificatidns of voters; organization of
house; length of session; enacting clause of laws; compensa-
tion of members; subsequent elections.
The first election for delegates shall be held on such date and
under such regulations as to ballots and voting as the executive
council may prescribe ; and at such elections the voters of each leg-
islative district shall choose five delegates to represent them in the
house of delegates from the date of their election and qualification
until two years from and after the first day of January next ensu-
ing; of all which thirty days' notice shall be given by publication
in the Official Gazette, or by printed notices distributed and posted
throughout the district, or by both, as the executive council mav
prescribe. At such elections all citizens of Porto Rico shall be al-
lowed to vote who have been bona fide residents for one year and
who possess the other qualifications of voters under the laws and
military orders in force on the first day of March, nineteen hun-
dred, subject to such modifications and additional qualifications and
such regulations and restrictions as to registration as may be pre-
scribed by the executive council. The house of delegates so chosen
shall convene at the capital and organize by the election of a speak-
er, a clerk, a sergeant-at-arms, and such other officers and assist-
ants as it may require, at such time as may be designated by the
executive council ; but it shall not continue in session longer than
sixty days in any one year, unless called by the governor to meet in
extraordinary session. The enacting clause of the laws shall be,
"Be it enacted by the legislative assembly of Porto Rico;" and
each member of the house of delegates shall be paid for his serv-
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Ch. 30) THE TERRITORIES AND INSULAR POSSESSIONS § 3780

ices at the rate of five dollars per day for each day's attendance
while the house is in session, and mileage at the rate of ten cents
per mile for each mile necessarily traveled each way to and from
each session of the legislative assembly.

All future elections of delegates shall be governed by the provi-
sions hereof, so far as they are applicable, until the legislative as-
sembly shall otherwise provide. (31 Stat. 82.)

§ 3779. (Act April 12, 1900, c. 191, § 30.) Powers of house of dele-
gates ; qualifications of members.
The house of delegates shall be the sole judge of the elections, re-
turns, and qualifications of its members, and shall have and exercise
adl the powers with respect to the conduct of its proceedings that usu-
ally appertain to parliamentary legislative bodies. No person shall
be eligible to membership in the house of delegates who is not twenty-
five years of age and able to read and write -either the Spanish or
the English language, or who is not possessed in his own right of
taxable property, real or personal, situated in Porto Rico. (31 Stat.
83.)

§ 3780. (Act April 12, 1900, c. 191, § 31, as amended. Act July 15,
1909, c. 4, § 1.) Passage of bills; approval or veto by gov-
ernor; adoption over veto; failiure of governor to approve or
veto; power of Congress to annul laws; failiure to make neces-
sary appropriations for the support of the government.
All bills may originate in either house, but no bill shall become a
law unless it be passed in each house by a majority vote of all the
members belonging to such house and be approved by the governor
within ten days thereafter. If, when a bill that has been passed is
presented to the governor for signature, he approves the same, he
shall sign it, or if not he shall return it, with his objections, to that
house in which it originated, which house shall enter his objections
at large on its journal, and proceed to reconsider the bill. If, after
such reconsideration, two-thirds of that house shall agree to pass the
bill, it shall be sent, together with the objections, to the other house,
by which it shall likewise be considered, and if approved by two-
thirds of that house it shall become a law. But in all such cases the
votes of both houses shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered
upon the journal of each house, respectively. If any bill shall not
be returned by the governor within ten days (Sundays excepted) after
it shall have been presented to him, the same shall be a law in like
manner as if he had signed it, unless the legislative assembly by ad-
journment prevent its return, in which case it shall not be a law:
Provided, however, That all laws enacted by the legislative assembly
shall be reported to the Congress of the United States, which hereby
reserves the power and authority, if deemed advisable, to annul the
same. And provided further, That if at the termination of any fiscal
year the appropriations necessary for the support of government for
the ensuing fiscal year shall not have been made an amount equal to
the sums appropriated in the last appropriation bills for such pur-

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§ 8780 THB T8BRIT0RIB8 AND INSULAR POSSESSIONS (Tit 23

pose shall be deemed to be appropriated ; and until the legislature shall
act in such behalf the treasurer may, with the advice of the governor,
make the payments necessary for the purpose aforesaid. (31 Stat. 83.
36 Sut. 11.)

This •ection, as originally enacted, did not contain the last prorito, begin-
ning with the words ''And provided further, That if at the termination.**
etc, to the end of the section as set forth here. Said farther proviso was
added by amendment of the section by Act July 15, 1909, c 4, | 1, last
cited above.

§ 3781. (Act April 12, 1900, c 191, § 32.) Scope of legisUtive
power; grants of public and quasi-public franchises, etc
The legislative authority herein provided shall extend to all mat-
ters of a legislative character not locally inapplicable, including power
to create, consolidate, and reorganize the municipalities, so far as may
be necessary, and to provide and repeal laws and ordinances therefor ;
and also the power to alter, amend, modify, and repeal any and all
laws and ordinances of every character now in force in Porto Rico,
or any municipality or district thereof, not inconsistent with the
provisions hereof; Provided, however. That all grants of franchises,
rights, and privileges or concessions of a public or quasi-public na-
ture shall be made by the executive council, with the approval of the
governor, and all franchises granted in Porto Rico shall be reported
to Congress, which hereby reserves the power to annul or modify the
same. (31 Sut. 83.)

Subsequent provisions relating to the granting of franchises, privUeges, and
concessions were made by Res. May 1, 1900, Na 28, || 2, 8, post. || 8782,
8783.

§ 3782. (Res. May 1, 1900, No. 23, § 2.) Franchises to be ap-
proved by the President.
All railroad, street railway, telegraph and telephone franchises, priv-
ileges or concessions granted under section thirty-two of said Act shall
be approved by the President of the United States, and no such fran-
chise, privilege, or concession shall be operative until it shall have been
so approved. (31 Stat. 716.)

This section and the section next following were part of a resolution en-
titled ** Joint Resolution to proride for the administration of dril atfaira
in Porto Rico pending the appointment and qualification of the dvU officers
provided for in the Act approved April twelfth, nineteen hundred, entitled,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 43 of 150)