No. 151. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. Paragraph XIII of Order No. 80, from these headquarters, dated June 15, 1899, is hereby repealed. II. From the date of the publication of this order all audiencias in the island of Cuba shall have same rank, but in view of the greater expenses attendant upon service in Habana, the president and associate justices, fiscals, and other officials of the audiencia of Habana will continue to receive the salary at present paid. III. Transfers from one audiencia to another of presidents, associate justices, fiscals, and other officials of the various audiencias will be made whenever the administration of justice requires such action. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 152. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. The police or correctional court existing in the city of Habana under orders of the military governor of Habana is hereby continued in force and operation, with territorial jurisdiction coincident with that of the Habana police. II. This court is authorized to take cognizance of, to try, and to punish all offenses known as "faltas" and all minor breaches of the peace. III. This court shall also have jurisdiction to try and to punish the authors and publishers of all immoral or obscene publications, and also, on the complaint of the aggrieved or injured person, to try and to punish the authors and publishers of any false, malicious, or scandalous statement, whether printed, written, or oral, which may tend to seriously injure the reputation of another or his or her standing in the community or in professional or official life. Nothing contained in the foregoing paragraph shall prevent the aggrieved or injured person from making his complaint to any other court in cases where such court may have jurisdiction. IV. This court is authorized to impose sentences not to exceed thirty days' imprisonment, or fines not to exceed $30, or both, at the discretion of the judge. V. This court is further authorized to issue warrants of arrest, search warrants, and subpoenas, and all processes necessary for the proper conduct of the court. VI. The trials shall be oral and summary, as at present conducted. VII. All papers and orders shall be served by the police of the municipality of Habana, and the police department of the city of Habana will cooperate with this court in all that may be necessary for it to properly perform its duties. VIII. Upon the establishment throughout the island of the correctional courts now under consideration, this court will be incorporated in the proposed system and its powers and functions made to correspond thereto. IX. All laws, orders, or parts of laws or orders, in conflict with this order are suspended within the territorial jurisdiction of this court. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 153. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of state and government, directs me to announce the following appointments and resignations: I. Province of Santa Clara-Cienfuegos: To be fifth assistant mayor, Carlos Trujillo y Carrion, vice Leopoldo Figueroa. Province of Santiago de Cuba-Sagua de Tanamo: To be mayor, Ramon Herrera; to be first assistant mayor, Eladio Vazquez, vice Ramon Herrera. II. The resignations of Donato Suarez, first assistant mayor of Vinales, province of Pinar del Rio, and Jose Martinez Moreno, third assistant mayor of Cardenas, province of Matanzas, having been submitted, are hereby accepted. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 154. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba, upon the recommendation of the secretary of public instruction, directs me to announce the following resignation and appointments: I. The resignation of Temistocles Betancourt, professor of universal history and civic instruction in the Institute of Puerto Principe, having been submitted, is hereby accepted. II. Francisco Perez Vizcaino, at present professor of Latin grammar (first and second year), in the Institute of Puerto Principe, is hereby appointed to the chair of universal history and civic instruction in the same institution. III. Agustin Betancourt y Ronquillo is hereby appointed professor of Latin grammar (first and second year) in the Institute of Puerto Principe. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 155. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: I. Department commanders will divide their departments into districts of a convenient size, and designate an officer as district engineer for each district, to be stationed within, or close to, the limits of the district. In so far as regards all work included within the purview of this order, district engineers will be under the direct orders of the engineer officer of the department. II. District engineers shall be charged with and complete all engineer work on roads, buildings, and other public work now in progress under the direction of the department commanders. III. All works of a sanitary nature to be undertaken in future will be under the supervision of the department and district engineers, who, in addition, will be charged with the execution of such portions of this work as may be assigned to them. IV. Department commanders will, within the limits as to amounts and objects of expenditures determined upon by the division commander, authorize the inception and execution of the various works within their department, to be executed by the department engineer organization. In accordance with Paragraphs VIII and XV, Order No. 29, headquarters division of Cuba, January 19, 1900, these works will, except in special cases directly authorized by the division commander, be confined to those affecting sanitation, such as street work in cities, water supply, etc. V. Projects for work not exceeding $10,000 in cost may be acted upon by the department officers, subject to allotment of funds therefor. Those works which, when completed, involve a greater expenditure should be submitted to the division commander for action. VI. Reports of operations in the engineer department shall be submitted by each district engineer to the department engineer on the 10th, 20th, and last day of each month. A monthly report of such operations will be made by the department engineer to the chief engineer of the division as soon as practicable after the close of each month. VII. The division engineer is authorized to advise and direct department engineers as to technical methods, under instructions from the division commander, and he shall perform such other duties as may, from time to time, be assigned to him by proper authority. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 156. 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. Full pardon of the unexpired time of sentence of ten years in a penitentiary (presidio mayor), imposed by the audiencia of Habana, December 3, 1879, for homicide, is hereby granted to Julian Valdes Ontiveros, who is at present at large. II. Full pardon of the unexpired time of three sentences of six years, ten months, and one day each, in a penitentiary (presidio mayor), imposed by the audiencia of Habana, September 30, 1887, for three crimes of robbery, is hereby granted to Facundo Cordoves, who is in the presidio of Habana. III. Partial pardon is hereby granted the following-named prisoners, who are in the presidio of Habana, reducing their sentences as hereinafter stated: (1) Genaro Delis, whose unexpired time of sentence of ten years in a penitentiary (presidio mayor), imposed upon him by the "Spanish war jurisdiction," on August 24, 1895, for the crime of robbery, is reduced by two years. (2) Mariano Ruiz Abascal, whose unexpired time of one sentence of two years, four months, and one day of "presidio correccional," imposed upon him by the audiencia of Matanzas, July 15, 1890, for theft, is reduced by two-thirds, and whose total time of three sentences of ten years each, in a penitentiary (presidio mayor), imposed upon him by the "Spanish supreme council of war and navy," on January 27, 1891, for three crimes of robbery, is reduced by two-thirds. The secretary of justice is charged with the enforcement of this order and will report execution of same to these headquarters. IV. Without any appeal therefrom, the department of justice will decide all matters of doubt that may arise in the enforcement of this order. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 157. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba directs the publication of the following order: Until the correctional courts for Habana and the rest of the island of Cuba are definitely established the police or correctional court created by order No. 152, of April 10, 1900, shall be constituted as follows: 1. The military governor will appoint a presiding judge who shall try and impose sentence in all cases except those included in Paragraph III of said Order No. 152, and except in such cases in which, in his opinion, a penalty greater than ten days' imprisonment or $10 fine, or both, should be imposed. II. All cases in which, in the judgment of the presiding judge, a penalty greater than ten days' imprisonment or $10 fine, or both, should be imposed, will be postponed and tried by the full court. III. All cases provided for by Paragraph III of Order No. 152 shall be tried by the full court. IV. The full court shall consist of the presiding judge and two associate judges, the latter to be selected weekly by lot from among the municipal judges of the city of Habana. V. In all cases tried by the full court a majority vote shall be necessary to sentence. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 158. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of state and government, directs the publication of the following explanatory order: I. Order No. 57 from these headquarters, dated February 9, 1900, refers solely to those who have been "judicially declared" insane. II. The order of admission to the General Asylum for the Insane shall emanate from the department of state and government, to which department all other authorities shall apply, whenever necessary, and forward such documents as may be required by law in the premises. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 159. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: Penal action pending against the accused, Manuel Vargas Benitez, at present in the hospital of the presidio of Habana, is hereby declared ended in any case instituted against him. The secretary of justice will at once instruct the officers of public prosecution to discontinue any criminal action and proceeding against this man for the offenses with which he now stands charged and will institute measures to set him at liberty at once. Without any appeal therefrom the department of justice will decide all matters of doubt that may arise in the enforcement of this order. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 160. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: It appearing that the sale at auction of the shed No. 36 in the lower street of the cuartel de pardos, Santiago de Cuba, ordered by the municipal judge of the northern district of said city in the proceedings of the oral trial instituted by Mario Fernandez against Eugenio Garcia personally and as legitimate husband of Maria Librada Mendoza, was carried out with evident infraction of administrative rulings of the decree of the general government of April 19, 1897, confirmed by that of March 5, 1898, it is hereby ordered that all the proceedings relative to the execution instituted in said verbal trial since September 17, 1898, embracing the sale at auction of the shed No. 36 in the cuartel de pardos, are hereby revoked. This order will be communicated to the municipal judge of said district in the usual way and for immediate compliance. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 161. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba directs the publication of the following order: From and after May 1, 1900, the women's prison (casa de las recogidas) in this city is attached to and declared to be a branch of the penitentiary (presidio). ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 162. 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. Full pardon of the unexpired time of sentence of ten years in a penitentiary (presidio mayor), imposed by the "Spanish war jurisdiction, on March 6, 1894, is hereby granted to Isidro Cedeno Almeida, who is in the presidio of Habana for the crime of assault and robbery in a gang. II. Partial pardon is hereby granted the prisoner Jose Perez Ramirez, at present in the presidio of Habana, and whose unexpired time of sentence of seventeen years and five months of "cadena temporal," imposed upon him by the audiencia of Puerto Principe on June 2, 1899, for the crime of murder, is reduced by one-fourth. III. Penal action pending against Lino Hernandez, at present in the cárcel of Guines, is hereby declared ended in the case instituted against him in the court of instrucción of said town, for the crime of robbery. The secretary of justice will at once instruct the officers of public prosecution to discontinue criminal action pending in said case against the above-mentioned prisoner, and will institute measures to set him at liberty at once. IV. Without any appeal therefrom the department of justice will decide all matters of doubt that may arise in the enforcement of this order. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 163. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba directs the publication of the following order for the information of all concerned, to set aside any doubt as to the applicability of “contencioso-administrativo" proceedings in certain cases in which decisions have been rendered by the military governor since January 1, 1899: I. The only appeal which can be taken from the decision of the military governor is to the Secretary of War, or through him to the President of the United States. II. If appeals have been taken in any cases from the decision of the military governor of Cuba under the recourse known as "contencioso-administrativo," they will be immediately discontinued. III. All provisions in conflict with this order or any portion thereof are hereby annulled. ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. No. 164. HEADQUARTERS DIVISION OF CUBA, After careful consideration of the various plans and regulations proposed for municipal elections, the military governor of Cuba directs the publication of the following order: Municipal elections will be held throughout the island on June 16, 1900, at which there will be elected alcaldes, members of the ayuntamiento, municipal treasurers, municipal judges, and correctional judges, as follows: For each municipality, one alcalde and the number of members of the ayuntamiento now provided by law, one municipal judge, except in Habana, where four shall be elected, one municipal treasurer, and correctional judges as shall hereafter be announced. Duly elected candidates will take office July 1, 1900, and will continue in office until July 1, 1901. The following instructions will govern said municipal elections, and the forms herewith published shall be used in carrying on said elections: |