"We are unfortunately too familiar with complaints of the delay and nefficiency of the courts in the South American republics. We must, however, continue to repose confidence in their independence and integrity, or we must take the broad ground that those States are like those of Oriental semi-civilized countries outside the pale within which the law of nations, as generally accepted by christendom, is understood to govern. The people who go to these regions and encounter great risks in the hope of great rewards, must be regarded as taking all the circumstances into consideration, and cannot with reason ask their government to complain that they stand on a common footing with native subjects in respect to the alleged wants of an able, prompt, and conscientious judiciary. We cannot undertake to supervise the arrangements of the whole world for litigation, because American citizens voluntarily expose themselves to be concerned in their deficiencies." "

This stand is a handicap in the submission of claims in Cuba for denial of justice, although it is probably true that Americans and other foreigners receive as much consideration from the iniquitous workings of the courts as do the Cubans themselves. The Permanent Treaty between the United States and Cuba does, indeed, give the former a right to insist on better treatment, on grounds that the Cuban government, through the delinquency of its law courts, is not furnishing the adequate protection to property that Cuba has agreed. to give. Nevertheless, the United States is not at all likely to act in any other way toward Cuba than it would toward Colombia, except in case of an intervention on other scores, when it is probable that a reorganization of legal procedure and practice might be attempted, along with other reforms. It is not with any idea of holding a brief for the foreigner that this is being written. Most foreigners adapt themselves to the situation as they find it. It is Cuba that has

17

Seward, William Henry, to Al- in A digest of international law, ed. lan A Burton (minister to by John Bassett Moore (8 vols. Colombia), no. 137, Apr. 27, 1866, Washington. 1906), v. VI, p. 660. Dip. Cor. 1866, III, 522-523, quoted

to pay; for the cost of supporting her parasite class is eventually passed on to the people as a whole.1

18

Señor Pérez, who is Assistant Direc tor of the Library of the House d

"This chapter is based on a study of Cuban government documents and the published statements of various Representatives, was based prinorganizations and individuals, sup- cipally on the Diarios de sesione plemented by material in the news- volumes of the proceedings of the papers and the oral comments of a House. The collection was never number of men interviewed by the published, but exists in bound form writer. Of special note in connec- in the Library of the House. An tion with amnesties is the following outstandingly important item on al Relación de antecedentes con motivo matters considered here is the Orti de indultos y leyes de amnistía pro- pamphlet entitled La decadencia mulgadas a partir del año 1899, coll. cubana. by Lorenzo Pérez. The collection by

CHAPTER XXIII

THE CUBAN GOVERNMENT LOTTERY

THE history of the government lottery in Cuba constitutes one of the darkest chapters in the story of the republic, and, like most other things in the political life of the country, represents a steadily growing evil that would seem to have reached its climax in the administration of President Zayas. Cuba had long been accustomed to the Spanish lottery, but the United States military government of 1898-1902 made short shrift of that. There were stirrings for a lottery law during the Estrada Palma administration, but the President was able to head them off. Just as in the case of so many other iniquities in Cuban politics, the starting-point, or perhaps better, the revival of the colonial norm, was the administration of President Gómez. The bill was introduced in the House on February 17, 1909, by Rafael Martínez Ortiz, who was opposed to the idea of a lottery, and said so in the preamble, but recognized that there was a popular demand for it, and felt that his bill was less harmful than any other that might be proposed. The revenues were to be devoted to the building of bridges and roads. It soon developed, however, that the mild bill of Martínez Ortiz was not at all to the liking of the majority. They wanted the lottery, but one with a "punch," like the old Spanish lottery. So a new bill was substituted, and Martínez Ortiz went over to the opposition. The Conservatives were taking a party stand against the bill, but 1Cf. supra, pp. 168-169.

when it came to a vote many of their members joined with the Liberals in passing it. The vote in the House was fiftythree to twenty, and in the Senate seventeen to two. Senators Cristóbal Laguardia and Salvador Cisneros Betancourt opposed it in the Senate.

"Laughable and ridiculous is the reasoning which our leading men uphold in justifying the repugnant game of the lottery," said Cisneros Betancourt. "It is said: "The people wish it, and we their representatives ought to temporize with it and please them in whatever they propose." " He then went on to draw a parallel in connection with the game of jai-alai, which the people wanted, but the concession was to expire in another year. (But jai-alai came back with the "tourist" law of the Menocal era). It was true that Cubans liked all kinds of gambling, said Cisneros, and there were those who were planning to have a Cuban Monte Carlo. Should that be reason enough for giving it to them? (However that may be, the Casino was also established in the epoch of Menocal). There were even those who believed in protection for prostitution, said Cisneros. certainly in 1925 it was notorious that government officials were sharing in this traffic. The exploitation of "margaritas" by high politicans was one of the express charges of the distinguished gentlemen who signed the manifiesto of the Cuban Committee of National and Civic Renovation).3 According to Cisneros the lottery was introduced in part to give more political jobs. (In this, certainly, he was prophetic.) He held that the people were wrong in wanting the lottery and that their representatives ought therefore not to give it to them. Senator Gonzalo Pérez was one of the principal speakers on behalf of the bill. His arguments sound like those

"Described infra, p. 606, n. 25.

'Heraldo de Cuba, Apr. 4, 1923. Cf. supra, pp. 522-524.

(And

of a man who knows the thing he is speaking for has scant public reason for existence, but who wants to make a showing on behalf of a program that has already been decided upon. The lottery was immoral, he said, but there were worse things (not naming them) which were sanctioned by the government. In a sense, too, the lottery was not so very bad, for it gave hope of wealth to the poor man, sustaining and animating him. Anyway, the people wanted it, and would spend their money on foreign lotteries if they i did not have one of their own. It was better to keep the money in Cuba; indeed, it was necessary, so that the country might have roads, public buildings, hospitals, schools, and houses for workmen, and as a result of these improvements the morals of the people would be so built up that the lottery would no longer be necessary, for Cuba would be happy, thanks to the lottery. Called on for a speech in the House, González Lanuza spoke rather pessimistically, feeling certain that the bill would pass, although lotteries - in all times had been condemned by writers on government economy. He came out convincingly, however, against two of the arguments of the proponents of the bill, showing that the installation of the lottery would not prevent the purchase of the tickets of foreign lotteries or gambling in other forms, and insisting that the mere wish of the people for the lottery was not sufficient reason for giving it to them; on this latter point he asked whether the Chinese should be allowed to have their opium simply because they wanted it."

The government lottery has been in existence since 1909, but the material and "moral" results predicted by Senator

The speech of Cisneros and press clippings referring to those of Laguardia and Pérez, together with comments of the newspapers, appear

in a pamphlet published by Cisneros Betancourt.

Speech of May 12, 1909, in González Lanuza, 837-841.