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ART. 10. The authority or functionary who makes such citation shall communicate by mail the date of same to the chief justice of the supreme court.

ART. 11. The appellant must appear within the period of time fixed by the chief justice of the supreme court, in person or by attorney with sufficient power, annexing the certification which shall have been delivered to him, the documentary evidence he may consider advisable, and a document, signed by an attorney, in which he shall set forth the case clearly and succinctly and allege his reasons for claiming the unconstitutionality of the law, decree, or regulation, with an express mention of the article of the constitution he believes infringed.

There must also be presented at the same time as many copies of the document and accompanying papers as there are parties cited or notified, and one additional for the public prosecutor.

Art. 12. If the resolution giving rise to the controversy shall have come from a provincial council or an ayuntamiento, these corporations shall have the right to appoint a representative before the supreme court within the period of citation, which for the purpose will have been communicated to their president. This representative shall accredit his status by presenting the otficial communication in which he is appointed.

ART. 13. The appellant having presented the document, the chief justice of the supreme court shall refer the same to the court's public prosecutor, and to the other parties cited, and to the representative of the provincial council or ayuntamiento who may have appeared, giving him one of the copies of the document and papers so that he may answer in writing, with the papers he may consider advisable and a copy of all for each party and the public prosecutor, within the common period of ten days. This document shall be limited to defining the case and setting forth the reasons there may be to oppose or support what is petitioned.

ART. 14. The chief justice of the tribunal shall immediately fix a day for hearing, which shall be effected within fifteen days following the presentation of the papers to which article 11 refers or at the expiration of the period granted therefor.

Art. 15. The hearing of this controversy, and likewise the recourse for annulment or appeal in which the unconstitutionality of a law, decree, or regulation is brought up, shall be had before the supreme court in full, the clerk of government (secretario de gobierno) of said court acting as clerk in this case.

ART. 16. In the papers which article 13 refers to, or in the hearing, any of the parties may oppose the granting of the appeal for breach of the rules established in articles 8 and 11. The court also, by its inherent power, may declare the appeal defective for the same reasons.

ART. 17. Decision must be rendered within the five days following the termination of the hearing, and shall be notified within the three days following its date to the parties in appearance, and communicated by mail within the same period to the authority or functionary from whom the resolution giving rise to the decision emanated.

Art. 18. The decisions to which the foregoing article refers must be published in the Official Gazette within the ten days following the date on which they are rendered.

ART. 19. The proceeding established in article 8 et seq. may be utilized by provincial councils when the governor of the province or the President of the Republic suspends their resolutions as contrary to the constitution, as provided by the constitution in articles 96 and 108. Ayuntamientos may also utilize this proceeding when the alcalde, the governor of a province, or the President of the Republic suspend their resolutions as contrary to the constitution, as provided by the constitution in articles 96 and 108.

The suspension decreed shall continue in force until the supreme court revokes it definitively.

ART. 20. On petition of one of the parties, and after hearing the other parties in appearance and the public prosecutor, the supreme court may order the suspension of the resolution giving rise to the appeal when its execution may occasion irreparable damages. The suspension may be ordered at any stage of the proceeding. If such suspension is ordered, bond to stand by the results shall be required of the party petitioning such suspension. In this case the court may also order that such measures as it considers necessary to guarantee the enforcement of the decision appealed for be adopted before the suspension.

ART. 21. The bond to which the preceding article refers must necessarily consist of cash or public securities of the State or preferential obligations of an ayuntamiento, at the quoted price of the day on which the suspension is decided, and shall be deposited in the treasury of the Republic.

Art. 22. The order of suspension shall not be carried out until the bond is deposited and accredited in court records with due precaution.

ART. 23. The decisions which in conformity with this law the supreme court may render shall have the same effect as executory decisions of said court in civil matters.

Art. 24. None of the periods of time this law refers to can be extended and the number of days will be understood as working days.

Art. 25. With respect to condemnation to paymentof costs, and the payment thereof, the supreme court shall apply the rules established for recourse for annulment in Order 92, series of 1899, and other provisions of law in force.

Art. 26. The notifications and citations to be made by virtue of this law shall be effected in the manner prescribed by the existing laws of civil procedure.

Art. 27. All laws, decrees, and regulations in conflict with this law aire revoked.

TOUR OF PRESIDENT PALMA THROUGH THE ISLAND OF CUBA.

Mr. Squiers to Mr. Hay. No. 669.]

LEGATION OF THE UNITED STATES,

IIabana, September 19, 1903. Sir: I have the honor to report the only important political event since the adjournment of Congress, July 18 last.

The President left Habana by rail on Sunday last on his long-contemplated tour through the island, the city of Santiago de Cuba being the main objective point. His itinerary will be through Matanzas, Santa Clara, Sancti Spiritus, Puerto Principe, Santiago de Cuba, and perhaps Guantanamo, over the United Railways of Habana to Jovellanos, thence via the Cuban Central Railways to Santa Clara, thence via the Cuba Railroad Company (“Central" Railroad) to Santiago, and will occupy some two or three weeks. The party travels in a special train furnished by the “Central" Railroad.

Mr. Palma was accompanied by Secretary of Government Yero, Secretary of Public Works Diaz, and General Rodriguez, chief of the armed forces, and his departure was made the occasion for friendly greetings and much enthusiasm on the part of his admirers and supporters. The object of the trip is to bring him into closer touch and sympathy with the people, but particularly to inform him as to the real necessities of the island, with a view to the development of its most available resources.

Mr. Diaz accompanies him for the express purpose of examining closely into the question of a better water supply at Santiago.

The political result of Mr. Palma's journey ought to be to strengthen his Government, and make even the most bitter radical more conservative. The Government looks forward to a better and more representative element in the radical party as a result of the coming elections.

I shall write further regarding Mr. Palma's journey, probable political effect of, etc., after his return. I have, etc.,

H. G. SQUIERS.

*

Mr. Squiers to Mr. Ilay. No. 689.]

LEGATION OF THE UNITED STATES,

Ilabana, October 17, 1903. Sır: In continuation on my dispatch No. 669 of September 19, I have the honor to report the return of the President to Habana on the 7th instant.

His trip, generally speaking, has been successful. He has come into close contact with the people, whom he received with great cordiality and tact, and whose desires and necessities have received his closeest attention. He has given out promises with respect to bis policy regarding the payment of the army, to many the most important-in fact the only political question. * * * He has assured the people that the army will be paid, and that the Government is making every effort to secure the funds for that purpose. He promises payment even though it may become necessary to issue bonds directly to the claimants or to issue paper money for the purpose of liquidating this so-called “ debt of honor.” He does not fix any limit as to time of payment, but the temper of the army is such that this matter can not drift on indefinitely. * * *

Mr. Palma’s reception in the varivus towns and villages through which he passed was generally friendly, and the crowds of people who met him were sometimes very enthusiastic. I have, etc.,

II. G. SQUIERS.

COMMERCIAL CONVENTION BETWEEN THE UNITED STATES

· AND CUBA.

Signed at Havana, December 11, 1902.
Ratification with amendments advised by the Senate March 19, 1903.
Ratified by the President, March 30, 1903.
Ratified by Cuba, March 30, 1903.
Ratifications exchanged at Washington, March 31, 1903.
Proclaimed, December 17, 1903.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,

A PROCLAMATION.

Whereas a Convention between the United States of America and the Republic of Cuba to facilitate their commercial intercourse by improving the conditions of trade between the two countries, was concluded and signed by their respective plenipotentiaries at the City of Havana on the eleventh day of December, 1902, the original of which Convention, being in the English and Spanish languages, is, as amended by the Senate of the United States, word for word as follows:

The President of the United States of America and the President of the Republic of Cuba, animated by the desire to strengthen the bonds of friendship between the two countries, and to facilitate their commercial intercourse by improving the conditions of trade between them, have resolved to enter into a convention for that purpose, and have appointed their respective Plenipotentiaries, to-wit:

The President of the United States of America, the Honorable General Tasker H. Bliss;

The President of the Republic of Cuba, the Honorable Carlos de Zaldo y Beurmann, Secretary of State and Justice, and the Honorable José M. Garcia y Montes, Secretary of the Treasury; who, after an exchange of their full powers found to be in good and due form, have, in consideration of and in compensation for the respective concessions and engagements made by each to the other as hereinafter recited, agreed and do hereby agree upon the foi owing Articles for the regulation and government of their reciproca trade, namely:

ARTICLE I.

During the term of this convention, all articles of merchandis being the product of the soil or industry of the United States which a e now imported into the Republic of Cuba free of duty, and all art les of merchandise being the product of the soil or industry of the Republic of Cuba which are now imported into the United States free of duty, shall continue to be so admitted by the respective countries ree of duty.

ARTICLE II.

During the term of this convention, all articles of merchand se not included in the foregoing Article I and being the product of the soil or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of twenty percentum of the rates of duty thereon as provided by the Tariff Act of the United States approved July 24, 1897, or as may be provided by any tariff law of the United States subsequently enacted.

ARTICLE III.

During the term of this convention, all articles of merchandise not included in the foregoing Article 1 and not hereinafter enumerated, being the product of the soil or industry of the United States, imported into the Republic of Cuba shall be admitted at a reduction of twenty per centum of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of said Republic of Cuba.

ARTICLE IV.

During the term of this convention, the following articles of merchandise as enumerated and described in the existing Customs Tariff of the Republic of Cuba, being the product of the soil or industry of the United States imported into Cuba shall be admitted at the following respective reductions of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of the Republic of Cuba:

Schedule A.

To be admitted at a reduction of twenty five (25) per centum:

Machinery and apparatus of copper or its alloys or machines and apparatus in which copper or its alloys enter as the component of chief value; cast iron, wrought iron and steel, and manufactures thereof; articles of crystal and glass, except window glass; ships and water borne vessels of all kinds, of iron or steel; whiskies and brandies; fish, salted, pickled, smoked or marinated; fish or shellfish, preserved in oil or otherwise in tins; articles of pottery or earthenware now classified under Paragraphs 21 and 22 of the Customs Tariff of the Republic of Cuba.

Schedule B.

To be admitted at a reduction of thirty (30) percentum:

Butter; flour of wheat; corn; flour of corn or corn meal; chemical and pharmaceutical products and simple drugs; malt liquors in bottles; non-alcoholic beverages; cider; mineral waters; colors and dyes; window glass; complete or partly made up articles of hemp, flax, pita, jute, henequen, ramie, and other vegetable fibers now classified under the paragraphs of Group 2, Class V, of the Customs Tariff of the Republic of Cuba; musical instruments; writing and printing paper, except for newspapers; cotton and manufactures thereof, except knitted goods (see Schedule C); all articles of cutlery; boots, shoes, and slippers, now classified under Paragraphs 197 and 198 of the Customs Tariff of the Republic of Cuba; gold and silver plated ware; drawings, photographs, engravings, lithographs, cromolithographs, oleographs, etc., printed from stone, zinc, aluminium, or other material, used as labels, flaps, hands and wrappers for tobacco or other purposes, and all the other papers (except paper for cigarettes, and excepting maps and charts), pasteboard and manufactures thereof, now classified under Paragraphs 157 to 164 inclusive of the Customs Tariff of the Republic of Cuba; common or ordinary soaps, now classified under Paragraph 105, letters “A” and “B”, of the Customs Tariff of the Republic of Cuba; vegetables, pickled or preserved in any manner; all wines, except those now classified under Paragraph 279 (a) of the Customs Tariff of the Republic of Cuba.

Schedule C.

To be admitted at a reduction of forty (40) per centum: Manufactures of cotton, knitted, and all manufactures of cotton not included in the preceding schedules; cheese; fruits, preserved; paper pulp; perfumery and essences; articles of pottery and carthenware now classified under Paragraph 20 of the Customs Tariff of the Republic of Cuba; porcelain; soaps, other than common, now classified under Paragraph 105 of the Customs Tariff of the Republic of Cuba; umbrellas and parasols; dextrine and glucose; watches; wool and manufactures thereof; silk and manufactures thereof; rice, cattle.

ARTICLE V.

It is understood and agreed that the laws and regulations adopted, or that may be adopted, by the United States and by the Republic of Cuba, to protect their revenues and prevent fraud in the declarations and proofs that the articles of merchandise to which this convention may apply are the product or manufacture of the United States and the Republic of Cuba, respectively, shall not impose any additional charge or fees therefor on the articles imported, excepting the consular fees established, or which may be established, by either of the two countries for issuing shipping documents, which fees shall not be higher than those charged on the shipments of similar merchandise from any other nation whatsoever.

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