to the nearest office of finance of the province, by postal money orders or in the most practicable manner, charging the expense to the quota of surcharge for the liquidation. IX. Whenever the parties concerned may deem it proper, they may repair to the provincial administration of finance by mail, personally, or by means of an attorney, for the liquidation and payment of the tax, remitting afterwards the value of the operation by means of postal money orders; all at their own risk. X. Henceforth article 89 of the regulations will be understood to be modified in such wise that in the conveyances effected as gifts, legacies, and bequests (á título lucrativo), the verification of values will also take place by all the legal means whenever they comprise properties destroyed in consequence of the war, an extreme that may be proved by all the means acknowledged by law. XI. Appeals against the liquidations may be made before the secretary of finance. XII. The former provisions of the tax referred to remain in force wherein they are not expressly modified by this order. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 22. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the following: I. Total pardon is hereby granted to all persons convicted of crimes committed before February 24, 1895, and from August 12, 1898, to May 19, 1899, who may show conclusive proof that they belonged to the Cuban army and that their conduct has been good since they were mustered out therefrom. II. Total pardon is also granted to all such persons convicted of crimes (whether as perpetrators, accomplices, or accessories) who were pardoned by the decrees of December 16 and 27, 1898; and for said purpose the last section of Paragraph III, Order 34, from these headquarters, dated March 30, 1899, is hereby revoked. III. Total pardon is also granted to all such persons convicted of crimes (whether as perpetrators, accomplices, or accessories) punishable with prisión correccional in its minimum degree as may have served six months of their sentence, and also all persons convicted of crimes punishable with arresto mayor y menor (commitment in the city jail) in all their degrees, as well as all persons undergoing terms of "subsidiary imprisonment" for pecuniary liabilities. IV. All persons who may have been committed for a period of time equal to or longer than corresponds to the punishment for the crime of which they stand accused shall be at once set at liberty. The judges of instrucción having cognizance of such cases shall close the summary proceedings at once and render them to the respective audiencia. V. Prisoners who may not have been credited with the period during which they were held awaiting trial and sentence shall have said period deducted from their sentence, and if it appear that such time corresponds to their term of service they shall at once be set at liberty. VI. A like reduction, but limited to one-half the period during which they were held awaiting trial and sentence, shall be granted to prisoners committed to the penitentiary (presidio). VII. The act of pardon is, however, not extended to perpetrators of the so-called delitos privados, namely, those crimes which require, for investigation and punishment, action on the part of the offended person and the penalty of which is remitted through the intervention of said offended party. VIII. For the execution of these provisions within the shortest possible time, the presidents and fiscales of the audiencias are directed to appoint an associate justice and a deputy fiscal, who, with the assistance of a clerk from the secretary's office of the sala de lo criminal, will proceed to the respective penal establishments, and with the cases and necessary data before them, and without any further records than the proper notes to be stated thereon and the necessary communications, shall set at liberty all the persons in said establishments who may be comprised in this order. The regular duties of the associate justice and deputy fiscal so appointed shall be performed by substitutes, for such time as their commission may last. IX. All matters of doubt that might arise concerning the enforcement of the provisions of this order shall at once be forwarded to the department of justice for proper action. ADNA R. CHAffee, Brigadier-General, Chief of Staff No. 23. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs me to announce the following appointments, made upon the recommendation of the secretary of state and government. Province of Pinar del Rio-San Diego de los Baños: To be mayor, Ricardo Hernandez Acosta. Province of Habana-San Antonio de los Baños: To be second assistant mayor, Felix Suarez Garro, vice Julio Rosas, resigned. Province of Matanzas-Alacranes: To be mayor, Pio Dominguez Lorent, vice Juan do Dios Rivero, resigned. Jaguey Grande: To be first assistant mayor, Eugenio J. Galvez; to be second assistant mayor, Octavio Delgado. Cabezas: To be first assistant mayor, Pedro Lopez Perera; to be second assistant mayor, Eusebio Hernandez. Province of Santiago de Cuba-Gibara: To be first assistant mayor, Emilio Guidi y Marino; to be second assistant mayor, Sergio Montejo; to be third assistant mayor, Manuel Hidalgo Cespedes; to be fourth assistant mayor, Luis Dauta Almagues; to be fifth assistant mayor, Eudaldo Feria. ADNA R. CHAFFEE, No. 24. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: I. All persons charged with crimes (whether as perpetrators, accomplices, or accessories) referred to in paragraphs 1 and 2 of circular 31 of the Division of Customs and Insular Affairs of the War Department (order No. 159 from these headquarters), which Department exercises direct jurisdiction over the customs of this island, shall be free from penal action in any and all cases wherein they may turn State's evidence, provided they be declared as such to the proper court by the military governor. II. The legal effect of this order, as favoring the criminal, shall be retroactive. ADNA R. CHAFFEE, No. 25. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of finance, directs the publication of the following order: I. Hereafter all funds allotted to municipalities for the payment of municipal police and public instruction will be paid in bulk to the alcalde in each case by the treasurer of the province, who will in turn receive the same from the treasurer of Cuba, as at present provided. II. In case the department of posts has a money-order office in the municipality, the treasurer will remit the funds by postal money order; in all other cases the alcalde will go to the treasurer of the province in person for the funds, or send some responsible person in his place. To enable the department of posts to supply funds to redeem the money orders promptly, the treasurer of each province (except Habana) will notify the postmaster several days in advance, stating the post-offices where he wishes to send money orders, giving the amounts in each case. III. The treasurer of the province will take a receipt in each case in duplicate from the alcalde on Form No. 2, finance department, which shall be his vouchers for the funds until other vouchers are received, as hereinafter provided for. This receipt will show the amount supplied for police and amount for public instruction, the latter divided into personnel, material, and rent. Each alcalde will disburse the funds, using Form No. 7, finance department (pay roll), for the allotment for personnel and Form No. 4, finance department, for the allotment for material and rent in each case. · IV. All payments will be made by the alcalde in person, and each salary or account will be paid in full without any deductions whatever. V. The above pay rolls and vouchers will be made in triplicate, and when completed two copies of the same will be sent to the treasurer of the province from whom the funds were received. The treasurer will carefully examine these vouchers and when completed in proper form attach one copy to one copy of receipt previously given him by the alcalde. In case this receipt has already been sent with accounts to the auditor, these vouchers will be forwarded to the auditor with a request that they be filed with the receipt in question. The treasurer will in like manner use the other copy of the vouchers with the other copy of receipt to complete his file of retained papers. The third set of vouchers will be held by the alcalde as evidence of the disbursement made by him. VI. In forwarding the vouchers to the treasurer of the hacienda of the province, the alcalde will fill out and forward in duplicate a statement on Form No. 014, finance department, showing the balance, if any, remaining on hand, not covered by the vouchers submitted, and this amount will be deducted by the disbursing officer from the next allotment. VII. Each alcalde will keep in his office a record of all money received from the state and disbursed on account of police and public instruction, keeping said account separate from any other. VIII. Each treasurer will forward his estimate not later than the 15th of the month next preceding the one for which the estimate is made, and when notified that the funds have been deposited to his credit he will at once take the necessary steps to have the money promptly turned over to the alcalde, who in turn will use every effort necessary to insure the payment of all accounts as soon as they may be due. IX. To enable a treasurer to make the above payments to alcaldes, he will be permitted to draw one check for the necessary funds to cover all the payments, noting on the check that it is "to pay allotments to municipalities." X. Hereafter in the transmission of insular funds by means of postal money orders the postmaster will, upon request of the purchaser, sign a receipt in duplicate for the amount of the money order or orders, and another receipt in duplicate (Form 4, finance department) for the cost of the same. The former will be held by the purchaser until other receipts for the funds are received. The latter will be treated as a voucher covering the expenditure of remittance. The purchaser will fill these receipts out for the signature of the postmaster. Blanks for the first-named receipt will be supplied by the auditor for Cuba. XI. The traveling expenses of the alcalde or agent in going for funds, as above provided, will be paid as provided in General Orders, No. 245, Headquarters Division of Cuba. XII. Funds to meet the expenses incurred in execution of this order will be estimated for monthly by the treasurer of each province, viz, "For expenses of distribution of funds to municipalities, $ ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 26. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: I. Hereafter, whatever time prisoners who may be condemned to any of the correctional or light punishments specified in article 24 of the penal code may have been held in provisional imprisonment shall be counted as a part of their term of service and deducted therefrom. II. A like deduction, but limited to one-half the period of provisional imprisonment, shall be made in favor of prisoners sentenced to any of the punishments known as “exemplary punishments" (pena aflictiva) in article 24 of the penal code. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 27. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of public instuction, directs the publication of the following order: I. So much of Paragraph IV, of order 227, from these headquarters, dated December 3, 1899, as relates to the appointment of the general secretary of the University of Habana and the secretaries of the several faculties thereof is hereby modified to read as follows: "The appointment to and removal from office of the general secretary of the university shall hereafter be made upon the recommendation of the university board of deans, forwarded to the department of public instruction; and the appointment to and removal from office of the secretaries of the several faculties of the university, and those of the institutes, shall be made by the rector of the university, upon the recommendation of the respective deans and directors." II. Hereafter the appointment to and removal from office of assistants to professors of the university (ayudantes facultativos) shall be made by the university board of deans, upon the recommendation of the respective faculties. III. Appointments to the chairs at present vacant in the university shall be made upon the recommendation of the respective faculties. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 28. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. Carlos Garcia Velez is hereby appointed general inspector of prisons for the island of Cuba. II. The general inspector of prisons is authorized and directed to visit and inspect thoroughly every presidio and carcel in the island of Cuba at least once in four months, at as nearly equal intervals as possible, and to personally see, examine, and inspect every person detained in each of the above institutions, examining in each case the records of the presidio or carcel and reporting upon the sanitary condition thereof, food, clothing, and bedding, records and discipline of the prison. In making the inspection he will personally examine the record of every prisoner and detained person, ascertaining the date of expiration of sentence, and see that the records are well kept and complete in every particular and that each and every prisoner is properly informed of the date of the expiration of his sentence. In the examination of those awaiting trial careful inquiry will be made in each instance to find whether the prisoner has had a preliminary hearing and whether or not this hearing was held within the time specified by law. If there has been delay he will ascertain the cause and also whether the prisoners have been informed in regard to their right to bail and have had lawyers assigned to defend their cases. He will also report the length of time since arrest and since the preliminary hearing. If preliminary hearing or trial has been delayed, reasons therefor must be set forth and responsibility fixed, and report made on the case. Blank forms will be furnished for the above reports, with full instructions printed on back of same. III. The inspector's salary will be at the rate of $5,000 per annum. Actual transportation will be furnished and an allowance of $3.50 per day while traveling. He will be allowed one stenographer, who will also be his secretary and clerk, receiving a salary of $115 per month, actual transportation, and expenses at the rate of $2.50 per day while traveling. IV. All military and civil as well as all prison officials in the island of Cuba will assist in every way the inspector of prisons in his examination and will furnish him free access to their records. V. In cases wherein the inspector reports adversely upon the conduct or administration of a presidio or carcel, a copy of his report will be forwarded to the person or persons affected, who will be called upon for an explanation. If, after careful consideration, their explanation is found to be unsatisfactory they will be dismissed from the public service. VI. The inspector of prisons will see that the prison regulations are strictly enforced and that they are posted in the carcel or presidio in places where prisoners have access to them; also that complete lists of the inmates, showing the date of their arrest and of expiration of sentence, are posted in at least two places in each presidio ro cárcel where the prisoners or detained persons may have access to them. VII. The report of the inspector of prisons will be made to the secretary of justice for transmission to these headquarters. ADNA R. CHAFFEE, Brigadier-General, Chief of Staff. No. 29. HEADQUARTERS DIVISION Of Cuba, Habana, January 19, 1900. The military governor of Cuba directs the publication of the following order: I. Office hours in all the departments of the civil government, which are paid wholly or in part from the customs revenues of the island of Cuba, will be from 9 a. m. to 11 a. m., and from 12 m. to 5 p. m., daily, Sundays and public holidays excepted. Chiefs of bureaus or departments will see that this order is rigidly enforced. Employees absent on account of sickness or injury must, on return to duty, present a certificate from a reliable physician to the above effect. Employees must be at their places of duty promptly at the hours specified. Tardiness and neglect in observing this rule will, after the the third offense, result in dismissal. Civil officers having charge of making out pay rolls will certify that the services have been performed according to the provisions of this order. Pay rolls not provided with this certificate will not be paid. II. On and after the 1st day of February, 1900, all correspondence between civil officials and the military governor will be transmitted through civil channels. III. The secretaries having charge of the different departments will present the matters under advisement requiring action of the military governor to him for final decision. IV. Whenever matters relating to any military commander or affairs directly pertaining to the military branch of the government are the subject-matter of civil correspondence, copies should be furnished the department or district commanders of the departments or districts where the correspondence may originate by the writer at the time the original is forwarded through civil channels. V. Communications bearing upon important subjects in which any of the department commanders may be interested, or which may affect their military administration, will be forwarded to them by the military governor for their remarks whenever this action may be necessary. VI. The relation between the civil and various military officials should be one of harmony and mutual support. VII. Civil officials are charged with the conduct of civil affairs, under the supervision of the military governor of the island. VIII. The various department commanders are charged with the maintenance of public order in the general sense of the term, sanitation, the conduct of all public works of a sanitary character, and the completion of public works now being constructed under their charge. They are also charged with the organization, command, and administration of the rural guard. IX. Military officers will not interfere with the civil authorities except under extreme conditions in which, in their opinion, public order, life, or property are in serious danger, in which cases they are authorized to suspend any civil official, reporting their action immediately by telegraph and letter and the reasons therefor. Action of this kind, however, can only be justified by circumstances of extreme gravity which will not permit of the delay necessary to obtain telegraphic instructions from the military governor of the island. X. Department commanders, through their subordinates, are also charged with the inspection, at least monthly, of all prisons, hospitals, and public institutions in their departments or districts, and a brief report of these inspections will be forwarded, through military channels, to the military governor of the island. They will also report all cases of delay in the administration of justice, abuse of authority, and neglect of duty which may come under their observation; in short, all cases of neglect which tend to impair or obstruct the working of the civil government in its various branches. Their position will be supervisory in the broadest sense of the term; one in which interference with the civil authorities should be extremely rare, but which will demonstrate to the people of the island that complaints of maladministration, abuse of authority, etc., whenever made, will.be followed by a prompt and thorough investigation under the instructions of the military governor of the island. |