In order that said loans may be negotiated, they must be approved by two-thirds of the voters of the municipal districts. Fourth. To appoint and remove from office municipal employees, as may be provided for by law. ART. 106. The municipal council shall not reduce or suppress any revenues of a permanent nature without providing others at the same time in substitution thereof, except when the reduction or suppression arises from the reduction or suppression of equivalent permanent expenditures. ART. 107. The resolutions of municipal councils shall be presented to the alcalde. If the latter should approve them he will attach his signature thereto; otherwise he will return them, with his objections, to the municipal council, where they will again be discussed. And if, upon this second discussion, two-thirds of the total number of councilmen should vote in favor of any resolution it shall be executed. Whenever the alcalde should not return any resolution within ten days after it has been presented to him, it shall be considered approved and shall also be executed. ART. 108. The resolutions of municipal councils may be suspended by the alcalde, by the governor of the Province, or by the President of the Republic, whenever, in their judgment, such resolutions are contrary to the Constitution, to treaties, to the laws, or to the resolutions adopted by the provincial council by virtue of its inherent rights, but the courts of justice shall take cognizance of and decide all claims. arising therefrom. ART. 109. Councilmen shall be personally responsible before the courts of justice, as may be provided for by law, for all acts performed by them in the exercise of their duties. SECTION THIRD.-Alcaldes; their powers and duties. ART. 110. Alcaldes shall be required to First. Publish the resolutions of municipal councils that may be binding, execute and cause the same to be executed. Second. To take charge of the administration of municipal affairs, issuing orders for the purpose, as well as instructions and regulations for the better execution of the resolutions of municipal councils, whenever the latter may fail to do so. Third. Appoint and remove the employees of his office as may be provided for by law. ART. 111. The alcalde shall be personally responsible before the courts of justice, as may be prescribed by law, for all acts performed in the discharge of his official duties. ART. 112. The alcalde shall receive a salary, to be paid by the municipal treasury, which may be changed at any time; but such change shall not take effect until after a new election has been held. ART. 113. In case of either temporary or permanent absence of the alcalde, his official duties shall be discharged by the president of the municipal council. Should such absence be permanent, such substitution shall continue for the term for which the alcalde may have been elected. TITLE XIII. THE NATIONAL TREASURE. ART. 114. All property existing within the territory of the Republic not belonging to provinces or municipalities or to individuals, separately or collectively, is the property of the State. TITLE XIV. AMENDMENTS TO THE CONSTITUTION. ART. 115. The Constitution shall not be amended, in whole or in part, except by a resolution adopted by two-thirds of the total number of members of each colegislative body. Six months after an amendment has been agreed upon a Constitutional Convention shall be convened, the duties whereof shall be limited to either approving or rejecting the amendment voted by the colegislative bodies, which latter shall continue in the performance of their duties with absolute independence of the convention. Delegates to the said convention shall be elected by each province in the proportion of one for every fifty thousand inhabitants and in the manner that may be provided by law. TRANSITORY RULES. First. The Republic of Cuba does not recognize any other debts and obligations than those legitimately contracted in behalf of the revolution by the corps commanders of the Liberating Army subsequent to the twenty-fourth day of February, 1895, and prior to the nineteenth day of September of the same year, the date on which the Jimaguayú Constitution was promulgated, and such debts and obligations as the revolutionary government may have contracted subsequently, either by itself or through its legitimate representatives in foreign countries. Congress shall classify said debts and obligations and decide as to the payment of those that may be legitimate. Second. Persons born in Cuba, or children of native-born Cubans, who, at the time of the promulgation of this Constitution, might be citizens of any foreign nation shall not enjoy the rights of Cuban nationality without first and expressly renouncing their said foreign citizenship. Third. The period of time which foreigners may have served in the wars of independence of Cuba shall be computed as within that required for the naturalization and residence necessary to acquire the right granted to naturalized citizens in article 49. Fourth. The basis of population which is established in relation to the election of Representatives and Delegates to the Constitutional Convention in articles 48 and 115 may be changed by law whenever, in the judgment of Congress, it should become necessary through the increase of the number of inhabitants, as may be shown by the census which may be periodically taken. Fifth. Senators, at the time of the first organization of the Senate, shall divide into two groups for the purpose of determining their respective tenures of office. Those comprising the first group shall cease in their duties at the expiration of the fourth year, and those comprising the second group at the expiration of the eighth year. It shall be decided by lot which of the two Senators from each province shall belong to either group. The law will provide the procedure for the formation of the two groups into which the House of Representatives shall be divided for the purpose of its partial renewal. Sixth. Ninety days after the promulgation of the electoral law, which shall be prepared and adopted by the Constitutional Convention, the election of public officers provided for by the Constitution shall be proceeded with, for the transfer of the Government of Cuba to those elected, in conformity with the provisions of Order No. 301 of Headquarters Division of Cuba, dated July 25, 1900. Seventh. All laws, decrees, regulations, orders, and other rulings which may be in force at the time of the promulgation of this Constitution shall continue to be observed, in so far as they do not conflict with the said Constitution, until such time as they may be legally revoked or amended. DOMINGO MÉNDEZ CAPOTE. JOSÉ DE MONTEAGUDO. M. MORÚA DELGADO. PEDRO G. BETANCOURT. ELISEO GIBERGA. GONZALO DE QUESADA. LEOPOLDO BARRIEL. J. FERZ. DE CASTRO. R. MANDULEY. ALEJANDRO RODRIGUEZ. JOSÉ LACRET MORLOT. ANTONIO BRAVO Y CORREOSO. ALFREDO ZAYAS, Secretary. ENRIQUE VILLUENDAS, Secretary. HALL OF SESSIONS OF THE CONSTITUTIONAL CONVENTION, Havana, February 21, 1901. [Translation.] Honorable MILITARY GOVERNOR OF CUBA. HAVANA, June 13, 1901. HONORABLE SIR: Replying to your official letter dated on the eighth (8th), whereby you forward to the undersigned the report of the Ĥonorable the Secretary of War, dated May 31st last, I have the honor to advise you that at the session held yesterday, June 12th, by the Constitutional Convention, there was taken the following RESOLUTION: The Constitutional Convention, in conformity with the order from the military governor of the island, dated July 25th, 1900, whereby said convention was convened, has determined to add, and hereby does add, to the Constitution of the Republic of Cuba, adopted on the 21st of February ultimo, the following: APPENDIX. ARTICLE I. The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any way authorize or permit any foreign power or powers to obtain by colonization or for naval or military purposes, or otherwise, lodgement or control over any portion of said island. ART. II. That said Government shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking-fund provision for the ultimate discharge of which the ordinary revenues of the Island of Cuba, after defraying the current expenses of the Government, shall be indequate. ART. III. That the Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba. ART. IV. That all the acts of the United States in Cuba during the military occupancy of said island shall be ratified and held as valid, and all rights legally acquired by virtue of said acts shall be maintained and protected. ART. V. That the Government of Cuba will execute, and, as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the 23 |