No. 295. HEADQUARTERS DIVISION OF CUBA, Habana, July 18, 1900. The military governor of Cuba directs the publication of the following circular for the information and guidance of all concerned in the island of Cuba: [Tariff circular No. 57.] WAR DEPARTMENT, Washington, April 28, 1899. By direction of the President paragraph (b) of the Regulations entitled "Coasting trade of Cuba," on page 9 of the “Amended Customs Tariff and Regulations for Ports in Cuba in Possession of the United States," is hereby amended by the insertion of the following proviso at the end of said paragraph: "And provided further, that any resident of Cuba of any nationality, and also any citizen of the United States, may serve as master on such vessel without renouncing and abjuring his allegiance or nationality. Such person, however, shall be required to make and sign an oath in Spanish or English, at his option, as follows: master of the vessel measuring tons, I, swear that during my service as master, the permit granted to said vessel to engage in the coasting trade of the island of Cuba shall not be used for any other vessel or in any trade or business whereby the revenue of the island shall be defrauded, and that I will obey the laws and regulations prescribed by the properly constituted authorities of said island." This order shall be duly proclaimed and enforced in the island of Cuba. The military governor of Cuba directs the publication of the following order: The Cuban and Pan-American Express Company having appealed to the administrative council against the decision rendered in Order No. 290 of July 16, 1900, from these headquarters, the provisions of said order are suspended pending the result of said appeal. J. B. HICKEY, Assistant Adjutant-General. No. 297. 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. The security to be furnished by notaries public shall be understood to be in money of the United States or its equivalent. II. When surety is given by a deposit of the required amount in cash, the notary public shall submit the certificate of deposit to the president of the audiencia within whose jurisdiction he resides for approval. When the deposit is of bonds of the city of Habana, the certificate of such deposit shall be submitted in like manner, accompanied by a statement of the latest official quotation of the market value of such bonds by the stock exchange, and the certificates issued by private exchanges shall be accepted where no official exchange is established. If a bond consist of a mortgage security, this shall be given under the conditions and in the way prescribed by the mortgage law and the rules governing the constitution of bond of the registrar and submittted to the president of the audiencia for his approval, as provided for the certificates of deposit, the exhibition of the diploma to be omitted because it shall be issued after constitution of the bond. Whenever the bond is furnished by an authorized corporation in conformity with the laws governing the case in Cuba, said bond shall be submitted for approval to the president of the audiencia within whose jurisdiction the principal office of said corporation in the island of Cuba is located. III. In case of the disapproval by him of any bond or certificate of deposit, the president of the audiencia shall certify in writing, to the person on whose behalf the bond or certificate is offered, his reason for such disapproval. In case of approval of the bond or certificate of deposit, as offered, the president shall indorse thereon his approval and the bond or certificate shall then be filed in the office of the treasurer of Cuba for safe keeping. In the aforementioned cases the bonds, whatever kind they may be, once having been accepted and constituted, the presidents of the audiencias shall immediately notify the secretary of justice in order that said secretary may furnish the notary public with the necessary diploma of appointment. There will be no appeal from the decisions of the presidents of the audiencias, the bonds being constituted on their sole responsibility. All the bonds shall remain at the disposal of the corresponding presidents of the audiencias. IV. The official bonds of notaries public may be given for a limited time not less than one year. Any surety on such a bond may, at any time, withdraw from the bond for good cause stated to and approved by the president of the audiencia within whose jurisdiction the notary resides, upon giving thirty days' notice in writing to the bonded notary and to the president of the respective audiencia. Any notary public from whose official bond the surety has so withdrawn shall be suspended by the president of the audiencia from the further exercise of his official functions until the security shall have been replaced with the approval of the president of the audiencia, provided that any surety, who shall so withdraw from the official bond of a notary public shall not be released from liability for the official acts of his principal, which have been executed prior to the date on which such withdrawal is effected, until one year after that date. V. The official security furnished by or for any notary public, whether by bond or deposit, shall be liable for all the official acts of such notary whether performed while acting for himself or as substitute for any other notary public. VI. When, by reason of death, resignation, removal from office, or for any other cause, a notary public ceases, or becomes disqualified, to discharge the functions of his office, notice of the fact shall be published in the Habana Gazette and in the official paper of the province in which the notary last resided while in the exercise of his office, every three months for one year thereafter. Such notice shall in every case specify the date on which the notary ceased to exercise his notarial functions and shall summon all persons claiming indemnity or damages arising out of any acts or omissions of the notary in the discharge of his official duties to present their claims within one year after the date specified, to the judge of primera instancia of the district within which the notary last resided, which district shall be specified in the published notice. After the expiration of the period of one year herein provided for, if no claim has been presented, the judge of primera instancia shall certify that fact to the president of the respective audiencia and the president shall thereupon make an order directing the return to the notary or his legal representatives of the cash or bonds deposited as his official security, if security has been given by deposit, or an order canceling the official bond, if bond with sureties has been given, and releasing the sureties thereon, and the property with which they have qualified from the obligation of the bond, and thereupon all recourse against the official security of such notary shall cease. VII. If, within the period of one year provided for in the preceding paragraph, any claim for damages or indemnity shall be duly presented, no part of the security given by deposit shall be returned nor shall any surety on an official bond with sureties be released from liability till after such claim shall have been finally settled and determined. VIII. Paragraphs 4, 5, 6, 7, and 8 of the Article III, of Order No. 112, current series, these headquarters, dated March 16, 1900, regarding the furnishing and acceptance of notarial bond, are hereby revoked. J. B. HICKEY, Assistant Adjutant-General. No. 298. HEADQUARTERS DIVISION OF Cuba, Habana, July 20, 1900. The military governor of Cuba, upon the recommendation of the secretary of justice, directs the publication of the following order: I. Pedro Gonzalez Llorente, Eudaldo Tamayo, and Octavio Giberga are appointed to constitute a commission to investigate and report upon the claims of property and property rights of every kind and nature made by the bishopric of Habana. II. To carry out the objects of said commission it is hereby authorized and empowered to call witnesses, to take testimony under oath or affirmation, to call for the production of all private and public documents, and to hear evidence and argument on behalf of persons or corporations directly interested. III. All notaries, registrars of property, and other officials shall produce the documents or records, or certified copies thereof, as called for by the commission, and shall receive no fees therefor. IV. The report of the commission shall be in detail as to each piece or parcel of property and as to each specific property right claimed by the bishopric of Habana, setting forth its findings of fact and its conclusions of law thereon, and shall, if the commission consider it necessary, make such general or specific recommendations as justice may require. V. A refusal on the part of any person or corporation to appear and testify or to produce documents will be punished by the courts in like manner as in similar cases of disobedience of the mandates of a judge or tribunal. VI. Such council, stenographers, and assistants as may be found necessary will be appointed hereafter. J. B. HICKEY, Assistant Adjutant-General. No. 299. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba directs the publication of the following order: I. Paragraph 76, Order No. 279, current series, these headquarters, is hereby amended to read as follows: "76. Boards to control schools and appoint officers.' Each board of education shall have the management and control of the public schools of the district, except as otherwise provided for boards of education in city districts, with full power to appoint principals, teachers, janitors, and other employees, and fix their salaries or pay, provided such salaries for teachers do not exceed per month the following: In Habana, $75; in the capitals of provinces and in Cardenas and Cienfuegos, $60; in all other municipalities, $50, except for all teachers in schools with an average attendance of less than 30 pupils, in which case the salary shall not exceed $30; and any person serving as a regular teacher of a school and also having the supervision of not less than two other schools shall be rated as a principal on the rolls and receive the additional sum of $10 per month. Such salaries or pay may be increased, but shall not be diminished during the term for which the appointment is made; but no person shall be appointed for a longer time than one year, and the board of education may dismiss any appointee for inefficiency, neglect of duty, immcrality, or improper conduct. Women only shall be employed in schools for girls; either women or men may be employed in schools for boys. For similar services men and women shall at all times receive equal pay. II. Examinations of teachers for the year 1900 shall take place after December 1, at a date to be determined later. J. B. HICKEY, Assistant Adjutant-General. No. 300. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba, upon the recommendation of the secretary of finance, directs the publication of the following order: Section (j) Paragraph IV, of Order No. 254, current series, from these headquarters, is hereby amended to read as follows: (j) A tax on concessions, franchises, or grants of public utilities granted or made to persons, firms, corporations or associations, which tax shall be based on the net income of the concessioners or grantees, not to exceed 6 per cent of said net income. J. B. HICKEY, Assistant Adjutant-General. No. 301. HEADQUARTERS DIVISION OF Cuba, The military governor of Cuba directs the publication of the following instructions: Whereas, the Congress of the United States by its joint resolution of April 20, 1898, declared "That the people of the island of Cuba are, and of right ought to be, free and independent: "That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people." And whereas, the people of Cuba have established municipal governments, deriving their authority from the suffrages of the people given under just and equal laws, and are now ready, in like manner, to proceed to the establishment of a general government which shall assume and exercise sovereignty, jurisdiction, and control over the island; Therefore, it is ordered that a general election be held in the island of Cuba on the third Saturday of September, in the year 1900, to elect delegates to a convention to meet in the city of Habana, at 12 o'clock noon on the first Monday of November, in the year 1900, to frame and adopt a constitution for the people of Cuba, and, as a part thereof, to provide for and agree with the Government of the United States upon the relations to exist between that Government and the government of Cuba, and to provide for the election by the people of officers under such a constitution and the transfer of government to the officers so elected. The election will be held in the several voting precincts of the island under and pursuant to the provisions of the electoral law of April 18, 1900, and the amendments thereof. The people of the several provinces will elect delegates in number proportioned to their populations, as determined by the census, viz: The people of the province of Pinar del Rio will elect 3 delegates. J. B. HICKEY, Assistant Adjutant-General. No. 302. HEADQUARTERS DIVISION OF CUBA, The military governor of Cuba directs the publication of the following order: A. T. Ruan is hereby appointed civilian disbursing clerk for the Signal Corps, in the office of the chief signal officer of the Division of Cuba. He will file with Col. Henry H. C. Dunwoody, Signal Corps, United States Army, chief signal officer of the division, a $25,000 bond for the faithful discharge of his duties; and, upon having filed said bond, will relieve Capt. Edward B. Ives, signal officer, United States Volunteers, the present disbursing officer of the Signal Corps, who will turn over to him all public funds for which he is responsible. J. B. HICKEY, Assistant Adjutant-General. No. 303. HEADQUARTERS DIVISION Of Cuba, The military governor of Cuba, upon the recommendation of the secretary of justice, directs me to announce the following appointment: To be substitute justice of the audiencia of Matanzas, Aurelio C. de Llanos y Lamar, vice Luis Fortun y Govin, resigned. J. B. HICKEY, Assistant Adjutant-General. No. 304. HEADQUARTERS DIVISION OF CUBA, Habana, August 3, 1900. The military governor of Cuba directs the publication of the following instructions relating to the administration of the postal department of the island: [Circular No. 40, Division of Customs and Insular Affairs.] WAR DEPARTMENT, Washington, July 23, 1900. The following order of the Postmaster-General, relative to the postal service in Cuba, is hereby published for the information and guidance of all concerned: ORDER No. 810. JULY 14, 1900. The following instructions are given for the guidance of the director-general of posts of Cuba in the administration of his department: 1. A monthly statement, in detail, shall be made at the earliest practicable period by the director-general of the estimated expenditures and receipts in the postal service for the ensuing month. One copy of such statement shall be transmitted to the Postmaster-General and one to the governor-general of Cuba. As any excess of expenditures over receipts is to be paid from the general revenues of the island, the governor-general shall be authorized to revise the expenditures, and such changes as he may deem best for the public interest shall be accepted by the director-general. 2. Monthly statements of the actual expenditures and receipts shall be made as early as practicable. One copy shall be transmitted to the Postmaster-General and one copy to the governor-general of Cuba. 3. In furtherance of the object herein sought-of promoting unity in the financial administration of Cuba, and of governing the scale of expenditures in harmony with the measure of revenue-no obligation or contract for an amount exceeding $1,000, whether for transportation or in any other branch of the postal service, shall be entered into without the approval of the governor-general. 4. The director-general of posts shall appoint postmasters and other officers and employees of the service, and fix their compensation, as heretofore provided; but, in order that the administration of the posts may be in full accord with the policy governing the general administration of the island, in the designation of natives, and in other respects, the action of the director-general of posts in making appointments and fixing compensation shall be subject to the approval of the governor-general. CH. EMORY SMITH, Postmaster-General. This order to be duly proclaimed and enforced in Cuba. ELIHU ROOT, J. B. HICKEY, Assistant Adjutant-General. |