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A cj /f^/z APR I 2 1924 THE CIVIL GOVERNMENT OF PORTO RICO HEARINGS BEFORE 9^A- (THE) COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS, UNITED STATES SENATE SIXTY-EIGHTH CONGRESS FIRST SESSION ON S. 2448 A BILL TO AMEND THE ORGANIC ACT OF PORTO RICO APPROVED MARCH 2, 1917 S. 2571 A BILL TO EXTEND THE PROVISIONS OF CERTAIN LAWS TO PORTO RICO S. 2572 A BILL TO PURCHASE GROUNDS, ERECT, AND REPAIR BUILDINGS FOR CUSTOMHOUSES, OFFICES, AND WAREHOUSES IN PORTO RICO S. 2573 A BILL TO AMEND AND REENACT SECTIONS 20, 22, AND 50 OF THE ACT OF MARCH 2, 1917, ENTITLED "AN ACT TO PROVIDE A CIVIL GOVERNMENT FOR PORTO RICO, AND FOR OTHER PURPOSES" *___ f FEBRUARY 16, 25, AND MARCH 7, 1924 Printed for the use of the Committee on Territories and Insular Possessions V WASHINGTON GOVERNIMENT PRINTING OFFICE 91244 1924 COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS. HIRAM W. JOHNSON, California, Chairman. GEORGE P. McLEAN, Connecticut. KEY PITTMAN, Nevada. ALBERT B. CUMMINS, Iowa, JOSEPH T. ROBINSON, Arkansas. MEDILL McCORMICK, Illinois. WILLIAM J. HARRIS, Georgia. FRANK B. WILLIS, Ohio. EDWIN S. BROUSSARD, Louisiana. EDWIN F. LADD, North Dakota. DAVID I. WALSH, Massachusetts. DAVID A. REED, Pennsylvania. THOMAS F. BAYARD, Delaware. RAY A. BURR, Clerk. n ' v I THE CIVIL GOVERNMENT OF PORTO RICO. SATURDAY, FEBRUARY 16, 1924. UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS, Washington, D. C. The committee met, pursuant to adjournment, at 10 o'clock a. m., in the committee room of the Committee on Commerce, Senator Frank B. Willis presiding. Senator WILLIS. We will now take up bill No. 2448, and the bill will be inserted in the hearings at this point. [S. 2448, Sixty-eighth Congress, first session.] A BILL To amend the organic act of Porto Rico, approved March 2, 1917. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12 of an act entitled "An act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, be, and the same is hereby, amended to read as follows: "SEC. 12. That the supreme executive power shall be vested in an executive officer, whose official title shall be the Governor of Porto Rico. He shall be appointed by the President, by and with the advice and consent of the Senate, and hold his office at the pleasure of the President and until his successor is chosen and qualified. The governor shall reside in Porto Rico during his official incumbency and maintain his office at the seat of government. He shall have general supervision and control of all the departments and bureaus of the government in Porto Rico, so far as is not inconsistent with the provisions of this act, and shall be commander in chief of the militia. He may grant pardons and reprieves and remit fines and forfeitures for offenses against the laws of Porto Rico, and respites for all offenses against the laws of the United States until the decision of the President can be ascertained, and may veto any legislation enacted as hereinafter provided. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Porto Rico and of the United States applicable to Porto Rico, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the island, to summon the posse comitatus, or call on the militia, to prevent or suppress lawless violence, invaslon, insurrection, or rebellion, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the island, or any part thereof, under martial law until communication can be had with the President and the President's decision therein made known. He shall annually, and at such other times as he may require, make official report of the transactions of the government of Porto Rico to the executive department of the Government of the United States to be designated by the President, as herein provided, and his said annual report shall be transmitted to Congress, and he shall perform such additional duties and functions as may in pursuance of law be delegated to him by the President. "At the general election to be held in Porto Rico in the year 1928, and thereafter at each general election, the qualified electors of Porto Rico shall elect the governor, who shall qualify as such on the first Monday of January of the succeeding year, and upon such qualification the office of the appointed governor shall cease and determine. A vice governor shall also at such time be elected 1 / 2:THE CIVIL GOVERNMENT OF POR)TO RICO. for a term of four years, under like conditions. He shall act as governor in case of vacancy, the temporary absence or removal, resignation, or disability of the governor, and shall exercise all the powers and perform all the duties of the governor, during such vacancy, disability, or absence. The vice governor shall be ex officio the president of the senate. The governor and vice governor thus elected shall hold their offices for a term of four years and until their successors have been elected and qualified." SEC. 2. That section 13 of the said organic act, approved March 2, 1917, be, and the same is hereby, amended to read as follows: "SEC. 13. That the following executive departments are hereby created: A department of justice, the head of which shall be designated as the attorney general; a department of finance, the head of which shall be designated as the treasurer; a department of interior, the head of which shall be designated as the commissioner of the interior; a department of education, the head of which shall be designated as the commissioner of education; a department of agriculture and commerce, the head of which shall be designated as the commissioner of agriculture and commerce; a department of labor, the head of which shall be designated as the commissioner of labor; and a department of health, the head of which shall be designated as the commissioner of health. "The heads of departments shall be appointed by the governor, by and with the advice and consent of the Senate of Porto Rico, for the term of four years, and until their successors are appointed and qualified, unless sooner removed by the governor. "Heads of departments shall reside in Porto Rico during their official incumbency and shall have resided in Porto Rico for at least two years prior to their appointment. p The heads of the departments shall collectively form a council to the governor, known as the executive council. They shall perform under the general supervision of the governor the duties hereinafter prescribed or which may hereafter be prescribed by law and such other duties not inconsistent with law as the governor, with the approval of the President, may assign to them; and they shall make annual and such other reports to the governor as he may require, which shall be transmitted to the executive department of the Government of the United States to be designated by the President as herein provided: Provided, That the duties herein imposed upon the heads of departments shall not carry with them any additional compensation. " SEC. 3. That section 18 of the said organic act, approved March 2, 1917, be, and the same is hereby, amended to read as follows: "SEC. 18. That the commissioner of agriculture and commerce shall have general charge of such bureaus and branches of government as have been or shall be legally constituted for the study, advancement, and benefit of agriculture, commerce, and other industries; the chief purpose of this department being to foster, promote, and develop the agricultural interests and the welfare of the farmers of Porto Rico; to improve their market conditions and to advance their opportunities for profitable sales of their products, and shall perform such other duties as may be prescribed by law." SEC. 4. That between sections 18 and 19 of said organic act, approved March 2, 1917, a new section is hereby inserted to read as follows: "SEC. 18 (a) That the commissioner of labor shall have charge of such bureaus and branches of government as have been or shall be legally constituted to foster and promote the welfare of the wage earners of Porto Rico, to improve their working conditions and to advance their opportunities for profitable employment, and shall perform such other duties as may be prescribed by law." Senator WILLIS. We will now hear from Governor Towner. STATEMENT OF HON. HORACE XE. TOWNER, GOVERNOR OF PORTO RICO. Governor TOWNER. Gentlemen of the committee, is it the purpose of the committee to just occupy a small amount of time this morning? Senator WILLIS. The Senate meets at 12 o'clock. We can go on until then. Governor TOWNER. Gentlemen, this is what might be called a political bill. Briefly speaking, as you will find from an examination, THIE CIVIL GOVERNMENT OF PORTO RICO. it simply amends our organic act to allow the people of Porto Rico at their next general election, which occurs in 1928, to elect their own governor. It is merely an extension of autonomous government to Porto Rico. This extension of autonomous government, I am inclined to think, is fully justified. You know, as has been suggested here to-day, the steps of autonomy in our dependent possessions are or should be, at least, gradual, and are, or should be, given to the people in direct proportion to their ability to meet their responsibilities. Following our military occupancy, Porto Rico was governed by a military government. Three generals of the Army were the first governors of the Island. Then followed the Foraker Act. I think you remember that quite well, Senator McLean. The Foraker Act provided for an extension of autonomous government to the island, which gave them the right to elect the lower ranch of their legislature, but still kept within the control of the President, by appointment,, the upper chamber of the legislature or council, which was equivalent to the senate. Then followed the last act, which was adopted in 1917, which was on 'a par almost with the Philippine act which you have been considering, which gave the people of Porto Rico the right to elect both the senate and the house of representatives and which extended to them other powers which it is not necessary for me to take the time to discuss. They have been acting under that act down to the present time. They are asking now for a further extension by a grant of the privileges to elect their own governor. Senator McLEAN. Right there, what do you conceive to be the next step to be granted them? Governor TOWNER. The next step would be, of course, indeterminate. In other words, after having granted almost complete selfgovernment, the question, both in the minds of the people of the island and in the minds of the people of the United States, would be, whether or not, if they desired it, they should be admitted as a State of the Union. That might be their purpose and in all probability their desire. Whether or not that should be granted would be a question to be determined then and not now. Senator MCLEAN. But that would be the expectation of the people of the island, you would think? ' Governor TOWNER. Well, I should think so, Senator. However, they are hot seeking to jump into the future. They are not asking that it should be considered as an absolute promise. They all knuow that they are not ready for statehood now. They all know that from an economic standpoint Statehood would not be a boon to them, because they are not now able to take care of themselves as an independent State of the Union. Senator WILLIS. Just there I would like to have your opinion: We have had a very interesting presentation here of the Philippine question, and it appears that autonomous government in the Philippines has led to a very strong sentiment for independence. Now, in your judgment, is this extension of autonomy to Porto Rico likely to lead in that direction at all? Governor TOWNER. The extension of autonomy in Porto Rico has led the other way, Senator Willis. There is no feeling except among a very few radicals and extremists, who are exceedingly limited in A THE (JIVIL GOVERNMENT OF PORTO RICO. number-there is no feeling of asking for independence in Porto Rico. They feel that they are so closely united, commercially and every other way with the United States, and the unwisdom of it is so manifest that there is no political party down there now asking for independence or tending toward it. We have with us the representatives of all the three political parties, and they are all asking for the election of their own governor, but there are none of them asking for independence, so that that question is eliminated entirely from a consideration of the Porto Rican proposition. The passage of this act would, in my judgment, more closely bind the people of Porto Rico to the United States than if it were not granted. The people of Porto Rico are not making any complaint. They are aware of the extreme generosity that the United States has exhibited in its treatment of their islands. They are aware that their progress and prosperity during these years that they have been under American rule has been owing to the fact that they have been placed under the beneficent influence of American institutions. I would like to have you have some slight idea-and I must not take the time to go extensively into this-of the progress that has been made with regard both to our relations with the United States and the progress that generally has been made by these people under American rule. The total export trade of Porto Rico in 1900, which was two years after Porto Rico became a possession of the United States, was $16,000,000. In 1923 it was $154,000,000. In 1900 Porto Rico bought from the United States $6,000,000 and in 1923, $64,000,000. In 1900 Porto Rico shipped to the United States $3,000,000 worth of goods, and in 1923, $77,000,000. In 1900, Porto Rico shipped from foreign countries-notice the difference in the increase in trade between Porto Rico and the United States and Porto Rico and the foreign countries-in 1900 imported from foreign countries-that is, purchased from foreign countries$3,000,000. In 1923, $7,000,000. In other words, the increase was $3,000,000 to $7,000,000. In 1900 Porto Rico exported to foreign countries $23,000,000 and imported $5,000,000, but from the United States it imported $64,000,000 and exported to the United States $77,000,000. The advancement along all lines, not only commercially, but in everything that may be considered as a test of capacity or progress, or of respect for law-any test that you can suggest, makes a very remarkable showing in favor of the Porto Ricans. Senator REED. What are the figures as to literacy? Governor TOWNER. When the United States took over Porto Rico, the illiteracy of the island amounted to nearly 90 per cent. During American occupation it has been reduced to about 50 per cent. The progress has been very remarkable. Senator ROBINSON. How do you define illiteracy, Governor? Do you define it the same as we do in the United States? What do you mean by illiteracy in this connection? Governor TOwNER. The same tests that are applied here. These are the census figures under the same rules as are applied in the United States. The situation with regard to literacy is this: We are THE CIVIL GOVERNMENT OF PORTO RICO. 5 wiping out illiteracy almost entirely among the school population. We have now most of the children in the cities in the schools, a part of the time at least. In the country the demand is not so fully met.' In so far as the younger population is concerned, they are not illiterate, and the proportion is very small. But you must realize that mature men who had passed school age when the United States took possession of the islands and before public schools existed, because there was no public-school system in the islands when we took possession, with them the eradication of illiteracy is an exceedingly difficult proposition. Senator REED. How about the mortality? Governor TOWNER. I can not remember exactly what the figures were at the time of the American occupation. It was about 42 per thousand. Now it is about 21. We have materially reduced the mortality rate. Senator MCLEAN. Some years ago we authorized the establishment of a branch loan bank in the island. Governor TOWNER. That was the extension of the present farm loan bank, Senator. Senator McLEAN. Yes. Has that resulted in any improvement in the availability of loans? Governor TOWNER. It is a very great success. It is considered as a great boon to the farmers of the island and has helped them very much indeed. We expect also the extension of the later Senator McLEAN. Intermediate credits act? Governor TOWNER. The intermediate credits act will help us as soon as it can be put into operation. I don't know just exactly what information you would like to have, and I shall be very glad indeed to have you ask any questions or suggest any objections that you have. Senator McLEAN. Assume that we enact this law, which gives the people of the island the power to elect their own governor. Governor TOWNER. Yes. Senator MCLEAN. And then your people have to decide between absolute independence or a continuation of the existing situation, a reinstatement of it. What do you think they would do? Senator TOWNER. Why, there isn't any feeling, Senator, for independence. That would be an absolute impossibility, if they desired it, and there is no such purpose evident now, nor is there likely to be in the future. Senator MCLEAN. Suppose we extend the privileges you ask for in this bill and it doesn't work, and we either have to give them their independence or reinstate existing conditions and retain the veto power? Governor TOWNER. Well, there isn't any' doubt but what you would do the latter. FUnder the present existing system there would be still the advantages they now enjoy. Porto Rico is one of the most favored nations in the world, if you want to call it an independent Commonwealth. It has no complaint to make, but it would help them, as they believe, materially, as well as every other way, if they could have their local policies, determine their local issues, without any outside interference. Of course, we don't interfere practically with them, but sometimes they imagine that the governors are not entirely in harmony with 6 6THE CIVIL GOVERNMENT OF PORTO RICO. the sentiment, or that some of the governors are not entirely in harmony with the sentiment of the people of the island, and they think that in the natural development of representative government that this would be a step that would be justified. Senator WILLIS. What would be, in the event this bill became a law, the extent of the control of the United States over Porto Rico? What is left of the autonomy then? Governor TOwNER. The United States has still absolute control, because in its legislation Congress can do anything it wants to. If it should be found that the governor selected by the people is an unfortunate arrangement, Congress could remedy that by vote. If it should be found that legislation that had been passed by the legisla-' ture was unfortunate, the Congress could remedy that. We retain absolute control. We are the governing power. A good deal more so than we have over the States. We would not lose any of the control or the sovereignty over the country by the adoption of this proposition. Are there any further questions that occur to you? Senator WILLIS. Are there any questions by any member of the committee? Senator ROBINSON. I believe you have stated that you are in sympathy with the proposition to permit the people of Porto Rico to elect their own governor. Governor TOWNER. Yes, sir. Senator ROBINSON. How long have you been in service as Governor of Porto Rico? Governor TOWNER. About 9 months, or 10, perhaps. I went there last April. Senator ROBINSON. You have been giving especial study to the prevailing conditions there, both political and economic, and you have reached the conclusion that this concession is justified by the facts and conditions? ' Governor TOWNER. Not only so, Senator, but you will perhaps remember that for 10 years I have been a member of the Insular Affairs Committee of the House and for much of that time chairman of the committee. Senator ROBINSON. I do remember that, and all the legislation that has related to Porto Rico within that period has had your attention, and much of it has been promoted by you. Governor TOWNER. Of course, the people of Porto Rico have known me and I have known them. I have visited the Island several times, and whenever they came to the States I became personally acquainted with the leading men of all the parties, and so I have no hesitancy in saying that I think it would be for their best interests. I have no desire or purpose to ask for anything that I think would be in the least an impediment to their progress or development or would hurt them in any way. If I thought it was a danger, this extension of power, I would not give it my approval at all, but I haven't any doubt in my own mind but that they can select and will select good men and that they will make a wise and prudent use of their privilege. Senator ROBINSON. Are there groups of citizens or ofintersts in Porto Rico who oppose the election of the Porto Rican Government by the people of Porto Rica? Governor TOWNER. Well, groups, perhaps, but not any considerable number, Senator. The three political parties are represented THE CIVIL GOVERNMENT OF PORTO RICO. 7 here. The legislature passed this resolution asking for the passage of this legislation unanimously, so that if there are groups they are small and inconsiderable. Senator ROBINSON. All of the political parties in Porto Rico combine, then, to ask for this legislation? Governor TOWNER. Yes, sir. Senator MCLEAN. How about the American investments there? Governor TOWNER. The American investments would not be affected, Senator. Let me say that the American interests there are advancing very rapidly in every way. There isn't the slightest difficulty about that. Senator MCLEAN. No protests? Governor TOWNER. No protests. Senator MCLEAN. Meaning from persons in this country who have investments there that you know of? Governor TOWNER. No. I know of none. Senator McLEAN. That is what I wanted to know. Governor TOWNER. Now, gentlemen, perhaps I should call your attention to this, which I think is significant. Since 1917 they have had the entire responsibility of the legislation of the Island. While the governor has had the fight of veto, in so far as I remember it has never been exercised in any important matter. It has been exercised upon some matters of legislation that would be in controversy and which I thought ought not to pass, relating to items of the appropriations; the veto power extends to canceling items irn the budget, and of course that is exercised sometimes by the governor, and it was exercised by me, but never at any time has anyone suggested that the United States take a part in destroying legislation enacted unwisely or in giving them additional legislation to. correct, or modify or change legislation that has been unwisely passed by the legislature. Of course, one can not say that every act that has been passed by the legislature was a wise act, any more than we could claim that for all of our acts in Congress, or anywhere else, but on the whole I think I would be justified in saying that the legislation that. has been passed by the legislature of Porto gRico might well challenge comparison with that of almost any State in the Union. It would be surprising to you, I think, to look' through a volume of their laws and note the wisdom of each action and the independence of it as well. Senator REED. Has there been a general election held there since you went down, Governor? Governor TOWNER. No, sir; these elections are every four years, and the last election was in 1920. We have an election this year, this fall. Senator REED. Can you tell us anything about the quality of their elections? Are they honestly held, and is there a substantial number of electors there to vote? Governor TOWNER. Yes, they have a good record in that respect.There was one contest of a municipal nature that arose in the last election. There was no question at all about the honesty of the election. In fact, they have an extraordinarily strict election law. Senator ROBINSON. What was the approximate total number of votes cast in that general election? .8 THE CIVIL GOVERNMENT OF PORTO RICO. Governor TOWNER. Two hundred and forty-nine thousand. Senator ROBINSON. What is the voting population? Governor TOWNER. Two hundred and fifty-six thousand. Senator ROBINSON. What are the qualifications for the electorate? / Governor TOWNER. Manhood suffrage. Senator ROBINSON. And what else? Governor TOWNER. They have no educational or property quali-:fications. Senator ROBINSON. No limitations? Any male persons over 21? Governor TOWNER. Who is an American citizen. Senator REED. Do I understand that out of a total voting population of 256,000, 249,000 voted? Governor TOWNER. Yes, sir. Senator REED. Ninety per cent of those qualified to vote did vote? Governor TOWNER. Yes, sir. Senator ROBINSON. That is a far larger proportion than votes in our elections. Senator WILLIS. No such thing as that happens in any State in the American Union. Senator ROBINSON. It is manifest that that requires a little consideration. What was it due to? What do you attribute the large vote to? Do you attribute it to the interest that people feel in their political affairs? Senator MCLEAN. It is a new experience. Governor TOWNER. It was, of course, the first election that had been held under the present organic act, and what the Senator suggests is undoubtedly one of the reasons, but let me say that I think there is an extraordinary interest taken in political matters in the island. Politics is not a passion, but is simply a very interesting subject of consideration to the people. Senator ROBINSON. Of course, it is a universal profession in America. It is also compulsory there? Governor TOWNER. Yes, sir. Senator WILLIS. How many witnesses are there who wish to be heard on this matter? Governor TOWNER. That would be very largely dependent upon the time at the disposal of the Senate. Senator WILLIS. Do you think the hearing could be completed in another sitting perhaps? Governor TOWNER. Oh, yes, sir; if we could have a sitting. Would it be possible to have a hearing, say, next Wednesday? Senator WILLIS. I think, unless there is some notice to the contrary, the committee will adjourn and meet here Monday morning at 10 o'clock. (Thereupon, at 12 o'clock noon, the committee adjourned to 10 o'clock a. m., Monday, February 18; 1923.) THE CIVIL GOVERNMENT OF PORTO RICO. MONDAY, FEBRUARY 18, 1924. UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS, Washington, D. C. The committee met pursuant to call at 10 o'clock a. m., Senator Frank D. Willis presiding. Present: Senators Willis (acting chairman), Reed, Robinson, Ladd, and Bayard. Others present: Horace M. Towner, Governor of Porto Rico; Richard J. Van Deusen, secretary to the governor; Antonio R. Barcelo, presi-,dent of the senate; Miguel Guerra Mondragon, speaker of the house; Enrique Bird, jr., member of the House of Representatives of Porto Rico; Octavio Jordan, senator, of Porto Rico; Luis Torres Colon; Jose V. Alonzo, president Porto Rican Democratic Club; Lupercio Arroyo, president Porto Rican Labor Alliance; Santiago Iglesias, member Porto Rican Senate; Alfonso Lastra Charriez, vice president of the House of Representatives of Porto Rico; Gonzales Mena, member of the House of Representatives of Porto Rico; Jose Tous Soto, member of Senate of Porto Rico; Senator King. The CHAIRMAN. The committee will be in order. The question for consideration is Senate bill 2448, which is an amendment of the organic act of Porto Rico, or provisions of that bill. Hon. Horace M. Towner, Governor of Porto Rico, has made a special statement, and we shall hear his further statement. Governor TOWNER. Mr. Chairman, with your permission I will ask you to hear from Senator Barcelo, who is president of the insular senate, and also president of the majority party in the island, the Unionist Party. Senator Barcelo does not speak English fluently.and he has prepared a statement which my secretary will give to the committee. Let me say, however, gentlemen, that if at any time any member of the committee desires to ask Mr. Barcelo any questions regarding his statement, that you should not hesitate to do so, because we can do it through an interpreter and make it perfectly plain and it will not embarrass him, and he will be very glad to aid you in any way that he can. The CHAIRMAN. The committee will hear Senator Barcelo's statement through the interpreter. STATEMENT OF HON. ANTONIO R. BARCELO, PRESIDENT OF THE SENATE OF PORTO RICO. Senator BARCELO (by Mr. Richard J. Van Deusen, interpreter). Mr. Chairman and members of the committee, the Porto Rican delegation has come to the United States by virtue of a resolution of our legislature to ask of the President and of the Congress the reforms 9 10 THE CIVIL GOVERNMENT OF PORTO RICO. specified in the said resolution and which are included in the memorial7 a copy of which is already in your hands and those of President Coolidge. The different political parties in which public opinion is divided are here represented They are members of our legislature, fulfilling the terms of the adopted resolution and are unanimously asking you to grant to our people the power to elect our own governor and extend the other meaures of self-government specified in the resolution aforesaid. The bill before you for consideration essentially contains almost all of the reforms suggested in the resolution, except the right to appoint the auditor and the judges to the supreme court, which we do not press now notwithstanding the capacity and preparation of our people for the full enjoyment of self-government as a matter of compromise and with the hope that in not a distant future the United States Congress, convinced as we already are of our capacity to control our own affairs, will recognize our right to the fullest form of self-government. Porto Rico will prove to you, by a true fulfillment of its duties and in the discharge of the powers granted us, her full capacity to manage her own affairs. That capacity has been already shown by the wonderful progress we have accomplished and the high spirit which animates, us for achievements in everything appertaining to our life and in consonance.with the ideals of liberty and democracy which has made your Republic so great, and we are sure that in a short time we will show' to you that no restriction is necessary and that we deserve the fullest form of self-government. No language can express the legitimate longing of our people to obtain this reform, after 25 years of patient waiting. The island that sent us here is anxiously waiting for our return, believing with full faith in the success of our mission. Never was her faith in you so great, not only because of the hopes that your institutions and history mean to our people, but also because of the. justice and righteousness of the cause we defend. The legitimate aspiration for a government deriving its power from the consent of the governed is natural with every people. When your flag was unfurled over our island as a symbol of liberty,. the Spanish Government, our old mother country, had already granted us full self-government very similar to that granted by England to Canada, Ireland, Australia, and New Zealand. Such form of government was succeeded after 2 years of military rule, by one that was less autonomical and which lasted 17 years, at the end of which period our present organic act was given us with an elective senate instead of the old executive council appointed by the president andi with legislative powers and other changes of a more liberal character, looking toward a more ample form of self-government for the future. Our work during the last six years under the Jones Act is such i that our progress in all fields of activity can not be compared, relatively speaking, with that of any other country in the world. In six years our revenues have increased twofold, and our budget expenses., have also increased accordingly. The former as well as the latter six years ago were less than $6,000,000, and to-day that sum runs up to $12,000,000, which represents, consequently, an increase in our schools, our roads, and better attention to public health, agriculture, labor, and, in general, to all public services. THE CIVIL GOVERNMENT OF PORTO RICO. 11 For educational purposes we spend $5,000,000-that is to say, over 40 per cent of the total budget, without aggregating the municipal expenses, which form a total amounting to $2,000,000, and without taking into consideration also the expenses for superior, graded, and rural courses, a work that is carried 'on by means of loans that are met by an additional tax on property. There are to-day about 2,500 schools, and nearly 650 of them are the property of the people of Porto Rico, and within a short time this number will be much larger, as for that purpose a bond issue for $1,000,000 has just been sold. This is for rural schoolhouses mainly. The number of children of compulsory age from 8 to 14 years is 210,000, and the registration is 230,000, and this difference is due to the fact that there are a great number of children under 8 and over 14 that are attending school, as registration is allowed by the law from 5 to 18 years of age. This means that nearly all our children go to schools at one time or another, and were it not for the larger number of adult illiterates that were in the island at the time of the American occupation in 1898 our illiteracy, excluding these adults, would not be more than 20 per cent. We have over 1,500 kilometers of splendid roads which cross the island from north to south and from west to east, and even the farthest point in the interior can be reached by automobile. Large sums of money are devoted to complete our road system as approved by our legislature some years ago. In the completion of this work $1,000,000, the proceeds of a bond issue, is being spent and, when this is done, another million dollars of another bond issue will be invested in accordance with a law recently approved. Another bond issue was authorized to build public works of a permanent nature such as a modern penitentiary, one new insane asylum, one hospital for lepers, four large district hospitals, additional rural schools, extension of graded schools, buildings for district courts, inauguration of social welfare bureau, university extension, sanatoriums and dispensaries for tuberculosis and other infectious and contagious diseases and a handsome capitol that is being built at a cost of one million and a half dollars. In health matters we have also progressed by eliminating and getting rid of certain epidemics that were our scourge before, such as yellow fever, smallpox, bubonic plague, and others already extinct. The sanitary conditions of the country are better every day, due, not only to the action of the municipal governments, but also to the insular government managing that branch of the service; and the progress made in that line is such that the death rate which amounted to 30 per milem some 10 years ago has descended to 20 per milem and is descending still. The department of agriculture, a creation of the new organic act, is carrying on a very efficient work. The best methods are put in practice to develop our agriculture and industries by means of experimental farms conveniently situated in different parts of the island and with a central station where all sorts of experiments and investigations are carried into effect as the special conditions of our soil and our climate require. The bureau of labor attached to this department investigates and studies labor conditions and executes as well the various laws of a social character that we have approved and which in some respects are better than those in force in some of our States. 12 THE CIVIL GOVERINMENT OF PORTO RICO. The law establishing the 8-hour work day; the one fixing a minimum wage for men and women; the one prohibiting the employment of minors; the law establishing work regulations for women; the one establishing health conditions in work shops; the law providing for safety appliances; the building of workmen houses which are sold to laborers at a very small rate of monthly rent which is credited to them as part payment of the purchase price, so that the title to the property is given them in a reasonable time; the law establishing compensation for labor accidents, even in cases of contributory negligence, by way of a system of compulsory insurance of the employer under the management of the government; the mediation and conciliation law for the final settlement of strikes; and, finally,. all the laws that mean protection to labor and which are now in force in the best organized commonwealths of the world, have been enacted by our legislature with the highest spirit of liberality that could be possible. And also to other services, such as police, transportation, harbors, rivers, irrigation, railroads, and commerce, there is to be noticed the same signs of positive progress, relatively speaking, that you observe among the great communities of this continent. Great was indeed the progress made by our island from 1898 to 1917; but the extraordinary advance made from this last date up to the present day under the governmental r6gim6 granted us by the Jones Act, is many times greater. The annual reports of governors. is the best evidence of that. It will suffice to point out the fact that, from 1898 to 1917, our budget expenditures, gradually ascending. from year to year, reached a figure somewhat less than $6,000,000, and that this figure has been doubled during the last six years, which means double service, double activity, double efficiency, a greater enthusiasm, a greater faith, and more confidence in ourselves, animated as we have been by a sense of being better treated at your' hands and by the sense that the work we were realizing was our own work, the creature of our own initiative and for our own credit and in order to demonstrate some day our full capacity to control our own affairs within the shelter of your sovereignty and with your powerful help. And it is for these reasons that we deem that the granting to Porto Rico of complete self-government which we now ask, is just. Do not hesitate. Think of the great encouragement that such action on your part would mean, and think that in so doing you' will secure the eternal gratitude of all th:A hearts of our people. What of the future? Let it be solved 'in accord with the circumstances of the moment when that moment shall come. Among ourselves, the members of the delegation, there is a complete unanimity of judgment in this position for a larger degree of self-government. We only differ in regard to our future political status which is as uncertain to us as it is to you. The members; of the minorities in this delegation believe in the possibility of the incorporation of our island to your federation as a State of the Union. We of the majority do not believe that this is possible so far as we can see within the conditions prevailing and surrounding our insularlife; but this does not mean, however, that we fail to recognize the great dignity and the great glory that such a consummation would represent to any people on earth. THE CIVIL GOVERNMENT OF PORTO RICO. la But do not follow if you wish our own statements. Follow the authority of your great statesmen. Read the citations of your own authorities as' contained in the illuminating statement before the Insular Affairs Committee prepared by our colleague the Speaker of the House Miguel Guerra Mondragon and you will arrive with us at the conclusion that the reasonable and logical system would be a regime that would associate us to you, in a permanent and indestructible manner, in the form of an unincorporated state that would function just as one of your own free States, within the sovereignty symbolized by the flag and by the citizenship that you already have granted us. The CHAIRMAN. Does any member of the committee desire to propound a question to the Senator? Mr. TOWNER. Mr. ChairmanThe CHAImMAN. Just one moment, gentlemen. I wanted to ask one question to prove up a matter. Senator BAYARD. I have a question. I understand there were, some 2,500 schools in the island, and I think you report 650 as government schools. Do you mean that the rest are parochial schools? Mr. BARCELO (speaking through Interpreter Van Deusen). Very few schools are parochial schools. Senator BAYARD. What distinction do you make between the government schools and the other schools? Mr. BARCELO. I referred to the buildings, the school buildings; to the school buildings that have been built with the insular government funds. The other schools have been hired. They are rented for school purposes. Senator BAYARD. Are all these 2,500 schools under government supervision? Mr. BARCELO. They are all under government supervision; and the private schools that function in the island are under a system provided by the insular government; also they are all supervised by the insular government, Senator KING. That is true of the private schools as well as those that are maintained by taxation? Mr. BARCELO. Yes. Senator BAYARD. And in all of these schools is the English languagge taught? Mr. BARCELO. In all of these schools the English language is taught. Senator BAYARD. That is all. The CHAIRMAN. Is it possible that the English language will become the sole and almost universal language there in the island? Mr. BARCELO. No, sir. The English language has spread throughout the island, and in the near future everybody will become acquainted with both languages-English and Spanish, our vernacular. The CHAIRMAN. How about the children in the schools now; are they speaking both English and Spanish? Mr. BARCELO. They speak both languages. They study English and Spanish as well. Senator KING. Then the textbooks are largely or very much the same as the American textbooks in the schools? Mr. BARCELO. They are just the same. In fact, they are all practically published here. They are all published here by Ginn & Co. and Heath and all the big book publishing houses. 14 THE CIVIL GOVERNMENT OF PORTO RICO. The CHAIRMAN. What is the view of the Senator concerning the future now; suppose it is authorized that the governor shall be elected as proposed in this bill? Mr. BARCELO. The future of Porto Rico will depend upon the circumstances of the future. The island at the present time could not be deprived of the revenues it is receiving as would be necessary in case of incorporation. The CHAIRMAN. What I am thinking of is this, and I do not want to make the question too long, but in the Philippines we have given a large degree of autonomy very properly. Now in the Philippines that has led to we will say almost a universal sentiment for independence. How is that likely to work out in Porto Rico? Mr. BARCELO. The sentiment in Porto Rico is that we never be separated from the United States. The CHRMAN. Are there any troops now stationed in Porto Rico? Mr. BARCELO. Yes; there is a regiment of the United States Army, the Sixty-fifth Infantry, composed almost or practically entirely of native troops. Besides, there is a national guard, which is officered and manned all by natives. For the national guard there has been a provision made in the insular budget for its maintenance. The CHAIRMAN. What can be said as to the condition of law and order in the island? Are they safe? Mr. BARCELO. Absolutely. The people in Porto Rico may go to the most remote regions of the island without any fear of being molested by anybody. The CHAIRMAN. Senator Bayard has a question. Senator BAYARD. What duties, if any, do the Federal troops, the United States troops in the island, perform so far as the government is concerned? Mr. BARCELO. The Federal troops have no intervention whatsoever in insular affairs. Senator KING. They are not used for the policing of the island? Mr. BAROBLO. We have an insular police force, and the troops have nothing whatsoever to do with it. Senator ROBINSON. The same as it is in this country, I presume. The CHAIRMAN. The Senator said something in his statement about an institution for the care of those afflicted with leprosy. I Was wondering how extensive that disease was in the island. Mr. BARCELO. Leprosy is not of very much importance on the island. There are only about 40 lepers that are in this institution. Senator BAYARD. They are all segregated? Mr. BARCELO. Yes; they are all segregated, but we are going to improve conditions for them now. Senator BAYARD. What I have in mind is the segregation of lepers in the Hawaiian Islands, and I wanted to know whether they were segregated in Porto Rico. Mr. BARCELO. In Porto Rico we also have them isolated on a small island near San Juan, but the conditions prevailing are not very good, and the intention is to bring them to a better place, and a suitable place has been found, and we are going to have a tract of land surrounding this institution where they may have rest and recreation and indulge in agricultural pursuits. The CHAIRMAN. Is there any other question of any other members ofAthe committee? Senator King, you are specially interested, and do you wish to put any questions?. THE CIVIL GOVERNMENT OF PORTO RICO. 15 Senator KING. Not at all to the Senator. I wish to ask Governor Towner a question. The CHAIRMAN. Governor Towner, what other speaker do you care to present? Governor TOWNER. I ask to present the speaker of the house of representatives, Mr. Guerra-Mondragon. STATEMENT OF HON. MIGUEL-MONDRAGON, SPEAKER OF THE HOUSE OF REPRESENTATIVES OF PORTO RICO. Speaker GuEIRRA-MONDRAGON. Mr. Chairman and gentlemen of the committee, you have heard the statement made by the president of our senate, Mr. Barcelo, and very little can be added to his remarks to demonstrate to you the full preparation of our people, as American citizens, to exercise the same rights that American citizens are exercising in the States. It as been hinted that the granting to Porto Rico of the right to elect our governor might operate as an encouragement for future independence, for the separation of the island, and the Filipino people is set as an instance of that. But that is not so. When Congress granted a quasi-autonomous government to the Philippine Islands, in other, words, granted quasi-autonomy to the Filipinos, that did not by itself put independence into the minds and hearts of the Filipinos. They were encouraged to think of independence by the very promise made by Congress to them. In other words, it was Congress that encouraged the people of the Philippine Islands to think of independence, aside from other reasons. That was not so with Porto Rico. Almost at the same time that Congress promised the Filipinos that as soon as their people were able to establish a stable government they would be made independent, the people of Porto Rico were granted American citizenship. In other words, Congress established two policies, almost at the same time, one for the Philippine Islands and an entirely different one for Porto Rico, and Porto Rico was able to understand what this action on the part of Congress meant. So much so that we knew from the first that American citizenship meant, not a mere theory, but something real, and something that was an honor as well as a duty. When we entered the war, and when Congress was about to pass the military conscription bill, Porto Rico, as one man, asked you not to leave her out of that war measure, for we wanted to show our appreciation and to perform the duties and undergo the sacrifices the newly-granted citizenship signified. We were given the honor to serve under the flag; and the armistice, when it came, saw 15,000:Port Ricans at Camp Las Casas ready for battle, willing to seal with their blood the new compact made with the Nation. The year 1917 was epoch making for it meant the granting by Congress of a larger measure of autonomy to Porto Rico. We were then recognized the right to elect our senate, the upper house, which up to that time had been appointed by the President of the United States, under the name of the executive council. We were allowed to demonstrate our capacity to govern ourselves. We have shown willingness to organize into a community patterned after the other communities of the United States. Let me demon91244-24 --- 2 16 THE CIVIL GOVERNMENT OF PORTO RICO. strate it to you. Let me choose two periods of our life from 1900, the time the Foraker Act was approved establishing a civil government in Porto Rico, up to 1917, and then another period from 1917 up to the present time. No budget, as Senator Barcelo has well said, previous to 1917, ever reached the $6,000,000 mark. It is not for me to analyze now the reasons or causes for that state of affairs. Let us say that it was because the country was not then well developed and because our resources were not then large enough to warrant bigger expenses. We always had a budget system. In this budget of ours we centralize expenditures.. In the State you have the municipality and the county and the State expenditures. But with us, our service is principally State service, so that when we speak of the budget and services we mean the insular services and the insular budget. So, up to 1917 we could hardly pass a budget amounting to $6,000,000, but from 1917 up to the present time, the period of our quasiautonomy, we have been able to double our budget and our services to the public. Not long ago I was discussing with friends in Porto Rico the advisability of developing new industries in the island so as to furnish occupation to our overpopulation. We are one of the most thickly populated communities, as you know, and we were speaking of the possibility of emigration in the future. I happen to remark that we could hardly find another country where our emigrant would find what he has now in Porto Rico. For instance, if he should go to any other country he might not probably have the roads we have, for we have the best roads you ever saw. This is no exaggeration. Senator Ladd is a good witness to the good condition of our roads. There is hardly a country as ours, where every town and village has telegraphic communication and where every town and village has a hospital. We have a good organization which is of our own creation. In the last session of the legislature we provided for new hospitals. As to safety in traveling over these roads, I might say in passing and in answer to a question propounded by the distinguished chairman of this committee, that our people are law-abiding, and that traveling on our roads is safer than on Pennsylvania Avenue, where Senators are shot. By profession I am a lawyer, and I have to travel extensively throughout the island, to every town in the island. If an accident happens on the road and if a man approaches my car, I always know that he simply stops out of courtesy to ask what he, can do; if he comes to you it is simply to offer his services. Porto Rico is a law-abiding country. We have organized our government and we run our government in such a way as to make it not only an honor to us but to you, and I think the service and the work performed in the past by the United States in guiding and advising us is entitled to the highest commendation. Porto Rico was not like the other communities of the north when they became Territories. You found Porto Rico colonized already. You did not go to Porto Rico to colonize. The problem of Porto Rico can not be looked at from the same angle than the old TeTrritories. They were great big tracts of land, out West, or down in the Southwest, sparsely populated, with people living a long distance apart; a vast territory to be colonized by Anglo-Saxons from the THE CIVIL GOVERNMENT OF PORTO RICO. 17 other States. They were subjected to a pretty uncomfortable waiting; but they waited patiently, for they knew that territoryship meant statehood some day. That meant that they had to cover all their revenues into your Treasury; to have no Senators and no. Representatives in Congress; and it was taxation without representation. But they waited patiently, for they knew that some day they would be States. But Porto Rico was already organized. We had our own language, one of the most important languages in the worldGreat authors will tell you that there are but two languages in dramatic literature and those two languages are English and Spanish. Colonization is out of the question in Porto Rico. There are some things that can not be changed. The cultural wealth and traditions of the Spanish language is something that ought to be kept. The sacrifice of the Spanish language, if it were possible, would be an irreparable loss. The climate of a country, for instance, can not be changed by act of Congress; but we adapt ourselves to new conditions as they come, the Porto Rican being one of the most adaptable human beings I know. When the question came to adapt himself to your new conditions, he did it with pleasure. The spirit of the Porto Rican is best shown by the fact that he wants to learn, and a poor laborer, who might not have enough to buy a pair of shoes for himself, will dress his daughter or boy with the best he can get at the country store, so that they can attend school clean and decently dressed. Sometimes in the past we have had to say to many of our children that we had not enough schools for them because we did not have money enough in the treasury. But we are progressing and want to keep our progress on a parallel with reality, that is, with the industrial development of the island. At this last session of our legislature we passed what is believed to be the most constructive legislation in our history. We have provided full means for educational purposes. In 1900 we had scarcely 18,000 boys and girls at school. This year we are having 240,000 boys and girls in school, and we are devoting pretty nearly 50 per cent of( our budget to school purposes. The CHAIRMAN. What is the population? Speaker GUERRA-MONDRAGON. One million three hundred thousand. We have a larger population than some of the States, and a larger area than Delaware, for instance. There is some of the old adult population, old illiterates, too old to go now to school. You can not expect a man 40 years of age to go to school among children. He would feel it was ridiculous for him. He has to work, under that tropical sun, from 7.o'clock in the morning to 5 o'clock in the evening and has no energy left to work more. We have provided for night schools to take care of and diminish illiteracy among the adults, but to no practical avail. At the capitalThe CHAIRMAN. How large a city is that? Speaker GUERRA-MONDRAGON. About 80,000 people. We doubled our population, according to the last census. That is due to the fact that San Juan is becoming a commercial and industrial center. As soon as new industries are built, people come from the rest of the island. In our schools, books, containing the best thought of your political writers, are read by our people. Those that come to the United 18 THE CIVIL GOVERNMENT OF PORTO RICO. States to study law or medicine or engineering or other professionsand there is an average of five or six hundred young ladies and young men studying some profession every year in the United Stateswhen they go back to Porto Rico they also carry with them the great spirit of justice to all that prevails in America. They expect you to put in practice the very same principles you strive for here. You can not disappoint them. As to the English language, you may say that our young generation is bilingual. But you would not want to wipe out Spanish. I do not wish you to think that I am speaking out of sentiment entirely. This has a practical side also. Our language can not be eliminated, even if you wanted to eliminate it. You can not do it, and I' know that you do not want to do it. With the Filipinos it was different. In the Philippine Islands Spain did not colonize the whole Archipelago. The work was superficial. Not so in Porto Rico. We are Europeans, a European colony transplanted to America, as you yourselves are Europeans transplanted to this Continent. Porto Rico is the oldest European settlement now under 'the American flag. Many of our families have been in America but for two generations. Mine is one of them. In justice Porto Rico must be viewed in a different light from one of your old typical territorial communities, with appreciation of the large cultural contribution the Island can make to the Nation. But the admiration of Porto Rico for the United States began long before you came to the Island. Long before the Spanish-American War we were already sending our boys and girls over here. In other words, the Porto Ricans for a long time have looked to the United States, as a sailor looks to the northern star, for inspiration and guidance in the attainment of the highest principles of liberty and justice. We have waited 25 years for this petition. The executive department of Porto Rico is now in the hands of Governor Towner, whose appointment has been a compliment to us. The men of his cabinet are all Porto Ricans, except the auditor and the attorney general, and he can testify as to the efficiency of these men, most of whom, by the way, are graduates from American universities. Our supreme court is one of the cleanest and most honorable courts you could think of. It is composed of three Porto Ricans and two continental American citizens. The task they have before them is a great one. They have to know two bodies of law, two languages, because two civilizations have met there, and I believe that Porto Rico is developing a high type of citizenship, a high type of spiritualism, of idealism. We are developing that type from the best there is in our old Spanish nature and from the best there is in American.thought and in the noble culture you represent. The new product is wonderful; not an apish imitation, as some would have it, but something that will command admiration and respect. You see boys and girls in Porto Rico, 8 or 10 years old, able to speak the two languages. Modernity is everywhere. And if you were to judge of our modernity in legislation, I am sure you would call us really modern. Some one might say that if Porto Rico were given the right to'elect her governor she might drift away from you. No, she will not. Pennsylvania has not gone because she elects her own governor. No, of course not; she is in the Union, and the thing that has made her be united to the rest of the Nation is gratitude, affection, love; the love THE CIVIL GOVERNMENT OF PORTO RICO. 19 j and affection that beget loyalty. Our honor, as an honorable people, is and will be your best security. The flag is safe in our hands. We have proved that it is in good hands. Those boys 6f the Sixty-fifth Infantry are Porto Rican boys. They were the first ones to be called to duty in the last war, the first regiment to be mobilized. But aside from these questions, to which you should attach great importance, for the world is moved by sentiment and high principles, let us now look to the practical side. The Supreme Court of Porto Rico is appointed by the President of the United States, with your advice and consent, gentlemen, and the passage of this bill will also leave the auditor of the Porto Rican Government an appointee of the President of the United States, as it will leave the Federal court, the United States District Court, as it is now. In other words, the machinery will be practically untouched. We have had Porto Rican governors already in the past. They have served for short periods during the absence of the governors from the north. I remember Mr. Benedicto, who was treasurer; at the time Governor Yager was absent in the States, he acted and served as our governor, and the way in which he conducted affairs merited the approbation of the Government; and another Porto Rican, Mr. Travieso, also served once as acting governor, and the way he managed affairs merited the approval of all. I mention this to show you what we have done and what we could do if we elected our own governor. There is another aspect to the proposition. We are American citizens. When we travel abroad we are American citizens; if we choose to come to live in this country, once we acquire a domicile, we, as Americans, can vote for the governor of the State where we might live, or for the mayor of the city, or for the President of the United States. There are now in New York City 45,000 native Porto Ricans voting there every year; more than that, the women, who can not vote in Porto Rico, can vote here, under the constitutional amendment, in the States. These 45,000 Porto Ricans can practically tarn the scales in any election in New York, but had they remained in Porto Rico they could not vote for our native governor. This is somewhat abnormal. Now, the connection will never be severed, for we do not want it to be severed. You do not want us to sever, for we know what the granting of American citizenship to Porto Rico meant. It took you 19 years to grant us American citizenship. The bill for the first organic law of 1900 carried American citizenship with it, but Congress feared that the granting of citizenship would mean our incorporation. It was something new to the country; and some were guided by the classical standards prior to 1900. Almost everyone in Congress thought that the granting of American citizenship meant the incorporation of Porto Rico into the Union, and the incorporation of Porto Rico would have spelled the financial ruin of the island, that is to say, the covering of all of our revenue into your Treasury; but after the Supreme Court spoke in the Insular cases, and when Congress felt that it could grant us American citizenship without its meaning incorporation, it was granted to us. I heard a distinguished Senator ask the other day, How does American capital feel about this bill? That is answered by saying that all capital in Porto Rido is American capital. American capital, therefore, is for it. There are a few gentlemen in Porto Rico who 20 THE CIVIL GOVERNMENT OF PORTO RICO. represent absentee stockholders of several corporations. I do not know how they think, but I do not believe that the island is conducted for the benefit of two or three men. We know what the moral obligation of this country toward us is. Everybody will be protected. You are too big for anything that did not mean the uplifting of the people. The world is looking on. We know the things the American flag means and stands for. It means everything that is noble. It could never mean oppression. But we have our own millionaires, American capital, born in Porto Rico, too. There is another reason why you should not hesitate. Should we be allowed to elect our governor, the governor will have to report to Congress, gentlemen, every year. You could, also, repeal any of our laws. You will have that right under this bill. This bill is only an amendment to two sections of our present organic law. It is not a reenactment of that law, and this governor of ours, when he is made elective, will also have to report to Congress every year, and Congress will then have the same right it has now to annul such legislative acts of ours that you feel are not meet and proper; and let me say this, that this right of Congress to nullify our legislative acts has never been exercised by you and you have never nullified a single act of our legislature. Governor TowNER. It never has been even suggested. Speaker GUERRA-MONDRAGON. That is right. In other words. never has a single act of ours been nullified, and it has never been suggested to Congress that they should be nullified. The connection, both spiritually and materially, will not be severed by the granting of this amendment, but, on the contrary, its passage will give Porto Rico the opportunity of feeling closer together to our big brothers of the North in the realization of our mutual and common ideals. Our aim is to organize in Porto Rico a true democracy, just like yours; a government of the people, by the people, and for the people, founded on the consent of the governed; and the only way to reach such a legitimate aspiration is to give Porto Rico the right to elect her own governor, thus helping us to make a true Commonwealth, patterned after the Commonwealths of the North. For 25 years we have been reading your teachings in your books. They are taught to our children. We are ready to live and die for your same democratic principles. Why not recognize the same human rights to us and in us, any why not now? T challenge anyone who knows our island to say that we are not prepared. Lack of information on the part of the American people could only justify their failure to grant us the rights we now ask you to recognize. Senator KING. Would you please state again, just in a word, the change that the bill now under consideration would make in the organic act? Speaker GUERRA-MONDRAGON. Pardon, Senator? Senator KING. Will you please state, in a word, the changes that the bill now under consideration would make in the organic act? Speaker GUERRA-MONDRAGON. The bill in question makes only two changes; it amends two sections of the present organic act, to wit, section 12, by giving Porto Rico the right to elect her own governor at the general election to be held in 1928, four years from now, and section 13, whereby a rearrangement of the department obf agriculture is made by providing for a new department of labor, like your own Department of Labor, leaving the old department as of " agriculture and commerce"; that is all. THE CIVIL GOVERNMENT OF PORTO RICO. 21 Senator BAYARD. These departments that you now set up in your act, you want to separate them? Speaker GUERRA-MONDRAGON. We want to separate them, for their scope is too wide. There should be two heads. We have now a bureau of labor acting under the department of agriculture and labor, but we want the activities of both departments to be separate, so that each department can devote itself entirely to its own special activities. We have patterned this department after your own department here. I want to add this, we send for experts from the North to help us when we think we need them; and to show you our spirit for education permit me to say that we have come from New York, where we went to organize with the cooperation of Columbia University the first real school of tropical medicine that will be established under the flag. Under the guidance of a great American, Col. Bailey K. Ashford, a pioneer in uncinariasis, that same disease which you find in some of your Southern States, and a real authority on tropical diseases, investigation, and research on that subject, carried on by him and by other prominent Porto Rican scientists, led to the establishment of the Institute of Tropical Medicine. I want to say right here that in England an encyclopedia of medicine, a great editorial enterprise, is now being published, and they count on some of our men to write on certain subjects of tropical medicine. France, Spain, and Italy send to Porto Rico for information on tropical medicine. So we have cooperated here with Columbia University, and a new school of tropical medicine will be established in Porto Rico, which we hope will be the nucleus of the Pan American University where the south and the north would meet. That has been accomplished. According to the latest available figures, our expenditures on education are 'larger in proportion to our resources than that of any of the States. Senator BAYARD. Now, on the point that you have been arguing, the question of electing the governor, your argument is to the effect that it would be more beneficial to Porto Rico in internal affairs and the relations to this country both. Speaker GUERRA-MONDRAGON. Our petition is not a complaint. With men like Governor Towner, Porto Rico is happy, but have we the guarantee that all future governors will be like him? Senator BAYARD. In other words, you would like to have Governor Towner at all times? Speaker GUERRA-MONDRAGON. Yes; a governor like him. He had special experience as a member of the Committee on Insular Affairs during eight years, and he knew Porto Rico well before he went there. Our future Porto Rican governors would have that same experience. Senator BAYARD. Assuming that this change went through, what change, if any, in point of contact would be made between the government of Porto Rico and the Government of the United States? Speaker GUERRA-MONDRAGON. Not any. Let me emphasize on this point. What are the points of contact to-day? First of all, the first point of contact is our honor and our citizenship, our mutual and common citizenship; but let us also speak of other points. We have now a United States district court; this bill leaves it there; we have United States troops, and this bill leaves them there; and the United States post office, which this bill does not take away, and the 22 THE CIVIL GOVERNMENT OF PORTO RICO. United States customhouse, right there, whose officers are appointed by the President with your advice and consent. The judges of the Supreme Court of Porto Rico are appointed by the President with your consent. This bill leaves them there. The auditor of Porto Rico, who audits our accounts, is a presidential appointment, and he is left there also. This future governor of ours, and I say future governor because I know we will have him some day, will have to report to Congress as the present incumbent does. Congress under this bill can nullify our legislation, and if we should pass some law that you deem detrimental, not only to Porto Rico but to you, you will still have the power to nullify it. As I said before, we have never given cause for the exercise of that power; but think of the psychological facts. I believe that Porto Rico has done more constructive work during the last six years than it ever did in the first 17 years under the Foraker Act-that is, during our quasi autonomous r6gim6. Why? Because we knew that the responsibility was ours and that the work we were performing was our own work. That is one psychological effect. You give a man some responsibility, and the chances are, ninety-nine out of every hundred, that he w/ill feel the sense of that responsibility, and he will go ahead and make good. If we should happen to fail, and this election does not come till 1928, repeal the law then, for it will be in the hands of Congress to repeal it. Senator KING. I am surprised at the moderation of your request. Speaker GUERRA-MONDRAGON. That is all. We do not come to you either as suppliants or as complainants. Senator ROBINSON. What does the other bill provide? Speaker GUERRA-MONDRAGON. This is simply a bill amending the law in these two sections. Senator REED. It is a reenactment and comprehends the same provisions? Senator KING. The same provisions, and it carries the existing law, and we felt that it was unnecessary to reenact the existing laws, and I offered another bill as an amendment. Senator ROBINSON. Are you considering 913? Senator KING. No; just 2448. Governor TOWNER. Just Senate bill 2448. Senator REED. It is your idea that if we report out 2448 that it would be unnecessary to take any action on 913? Senator KING. No. It fits in with the existing laws and makes no changes, except as indicated. Speaker GUERRA-MONDRAGON. Yes; that is right. Senator KING. Did I make myself plain? Senator BAYARD. Yes; the point arose in my mind. Speaker GUERRA-MONDRAGON. I am glad you called my attention, for I feared I was not plain enough in my opening statement. There is another important point of contact that we should never lose sight of, and that is that appeals from the Supreme Court of Porto Rico and from the decisions of our Federal court to the circuit court of appeals are granted to review such constitutional points or Federal questions as may be involved. In other words, a law violating the Constitution of the United States would be passed upon by our courts with the right of appeal to the United States. rils is contact. THE CIVIL GOVERNMENT OF PORTO RICO. 23. Senator KING. This bill leaves you, as you are now, under the absolute control of Congress, Congress giving, if it wishes or if it may, whatever constitutional guaranties that it chooses. Speaker GUERRA-MONDRAGON. Exactly. The auditor is to be appointed by the President of the United States with the advice and consent of'your Senate; the Federal court will be left there, too. But the main point of contactswill be our common American citizenship. We were ready for sacrifice during the war; if we are willing to undergo the sacrifices that our citizenship means, why not recognize in us the same rights and privileges that this same citizenship means to you? The CHAIRMAN. Have you finished your statement? Speaker GUERRA-MONDRAGON. I am at your command. The CHAIRMAN. Does any member of the committee wish to ask any question? At this time I want to ask a question or so. Speaker GUERRA-MONDRAGON. With pleasure, sir. The CHAIRMAN. If it will not be regarded as improper, I would like to refer to the bill S. 2448 for information. Now, in section -, the first section of the bill proposed to be changed, section 12 of the organic law, that is changed up to line 9 on page 3. Speaker GUERRA-MONDRAGON. It is the same thing; absolutely the same thing. The CHAIRMAN. The new matter begins there, and the rest of it is. all as it is now. Speaker GUERRA-MONDRAGON. Yes, sir. The CHMRMAN. And you contemplate that after the election of the governor he shall hold office for a four-year term Speaker GUERRA-MONDRAGON. Yes, sir. And on page 4, the appointment of the heads of departments, with the advice and consent of our senate, is provided for. Senator REED. There is nothing here that provides that the governor shall hold office for four years. The CHAIRMAN. Yes, there is. It provides that the governor shall be elected at the general election to be held in Porto Rico in the year1928 and thereafter at each general election, and the staute provides. that the election shall be held every four years. Speaker GUERRA-MONDRAGON. I must add, Mr. Chairman, that now we appoint all the heads of departments, except the attorney general and the commissioner of education. The CHAIRMAN. What changes are made in. section 13? Speaker GUERRA-MONDRAGON. That the attorney general and the commissioner of education, now appointed by the President, will be appointed by our own governor, with the advice and consent of our senate. Governor TOWNER. There is another change in regard to the construction of the department. We have at present a department of' agriculture and labor. Now, under this we will add a new department, the agricultural department will be joined with commerce, so that the department will be the department of commerce and agriculture, and labor will be placed under a separate department. That. will add another member to the cabinet and create a new department.. Senator KrNG. Governor, do you regard that as beneficial? 24 THE CIVIL GOVERNMENT OF PORTO RICO. Governor TOWNER. I do, and I think that opinion is universal, for all the parties are represented here and approve it. Labor interests are important, as you know, in the island, and the duties of the secretary of agriculture and that of the secretary of labor are so different that they ought not to be joined if it can be avoided, and with them united in one department the duties are so onerous that we should have another member of the cabinet, the head of the labor department. Senator KrNo. So that you give, from your experience, your unqualified approval of this addition of a member to the cabinet? Governor TOWNER. Yes. I think there is no division of opinion on that. Speaker GUERRA-MONDRAGON. No; there is not. The CHAIRMAN. IS there any question that any member of the committee wishes to ask? Senator King, do you wish to ask any other questions? Senator KING. No. The CHAIRMAN. Senator Reed, is there any point you desire to have explained? Senator REED. No. The CHAIRMAN. Governor Towner, will you call your next witness. Governor TOWNER. Just a word in connection with the statement made by Mr. Guerra-Mondragon. I desire to suggest at this time an answer to the question that may be in the minds of the committee, and really I am only giving you an opinion as an outsider, the only serious objections that I can see that would be in the mind of anyone who knows what this legislation would mean would be these two, as was suggested by the chairman. One is, what would be the trend of sentiment on the island; would it be for the United States or away from the United States? I think there are two matters that we might take into consideration very well in that connection. In the first place, the trend of opinion in Porto Rico has never been against the United States. It has always been toward it, and that began not with the American occupation but before it. You will remember that when General Miles invaded Porto Rico that there were no Porto Ricans that opposed him, and instead of there being Porto Rican opposition, they scattered flowers in the pathway of the invading army, and unfurled American flags, which sometimes they constructed with a great deal of difficulty themselves. When it was understood in Porto Rico that it was probable the Porto Ricans would be excluded from the operation of the draft they sent immediately a telegram to the President and to Congress that they did not want to be excluded from the draft and that they wanted to bear their share of the burdens -and dangers of the war. Now, gentlemen, both of those acts were spontaneous. They were not worked up. There was not any person that could be held responsible for propaganda in either case. It was the spontaneous expression of the people. I know, for I have visited Porto Rico several times, and I know from my personal knowledge of the island, which has been intimate for 10 years or more, that there has been a constantly increasing friendliness toward the United States. Those who have the contrary opinion are units, and they are almost entirely what you would call exceptional and not representative persons. The whole trend of sentiment is toward the United States. THE CIVIL GOVERNMENT OF PORTO RICO. 25 They want to get the benefit of the great propserity and the great prestige that the United States has to offer. The CHAIRMAN. I want to interrupt your argument there for a moment, for I would like to ask one question about the war. I noticed the statement made by the speaker that there were some 15,000 in camp, and one regiment was ordered to Panama, and I was wondering whether if by'chance any Porto Ricans were abroad and did they see service abroad. Governor TOWNER. No; they were ready to sail within a week, but the armistice prevented. Speaker GUERRA-MONDRAGON. Orders had been given to sail for France when the armistice was signed, and let me tell you that they regretted it. Governor TOWNER. That suggests to me that there was not a single slacker in Porto Rico. Speaker GUERRA-MONDRAGON. No; there was not a single slacker, and our national guard stands to-day first in efficiency. Governor TOWNER. That is another matter, gentlenien, and I do not want to take up too much time, for we have others, but there is another matter, another question, that will enter into your minds, I am quite sure, and that is what will be the effect, will it be safe with regard to the election, and when this governor is elected, and will the United States interests be preserved, and will the present relationship be preserved. I have spoken about these things from a psychological point of view, and from the point of view of patriotism. But here is another proposition: The governor is elected by the people, and therefore he is removed from the check which has always been used at present under which the President may remove any governor by simply appointing another man in his place. Now, gentlemen, you can do this, if you think it would be proper. It is not in the bill, because I would prefer that it should not be in the bill, but this is only a matter of policy, and it is a matter on which I would feel better if you would express your greater trust, but you have a perfect right to give to the President the right of removal in that case as you would at present. Now the President has the right of removal, and if you will turn to page 3, at the bottom of that page, we can add at the bottom of the page this further paragraph: The elected governor herein provided for may be removed at any time during his term of service by the order of the President of the United States; and may be impeached by the insular house of representatives, and on trial by the insular senate may be removed by two-thirds vote of that body for any impeachable cause. In case of the removal of this elected governor by order of the President or by impeachment during his incumbency, the President of the United States shall appoint a governor by and with the consent and advice of the Senate, who shall serve the remainder of the term. Senator BAYARD. With the provision there as to the vice governor who shall take the office of governor? Governor TOWNER. My idea was that if there was a removal in that way, then it would perhaps be considered not a proper time for the vice governor who had also been elected by the people to take his place; in other words, to strengthen to the utmost degree the feeling of perfect and absolute safety on the part of the United States with regard to the governor. * 26 THE CIVIL GOVERNMENT OF PORTO RICO. Senator KING. Speaking for myself with the record that we have before us of such loyalty and devotion, I feel that amendment would be very improper, and Iam very much opposed to it. The CHAIRMAN. You do not understand, Senator King. The governor is not asking it. He is just suggesting it. Governor TOWNER. From the standpoint of Porto Rico, while they would prefer that such a provision should not be inserted, they would consent to it if you thought it necessary. Senator KING. Let me add this. I may say to Senator Bayard that Congress would always have the control, and we could repeal this bill to-morrow or the next day if the governor acted improperly, or in such a manner as to challenge the United States as to his misconduct, immediately we could repeal the act and provide for the appointment of a governor to take his place. Senator REED. That is the way it looks to me, but it seems to me right on that principle, that amendment is wise in giving the power to the local house of representatives to impeach and the Porto Rican Senate to try. I think they should have that control over their own officers. Senator ROBINSON. Doesn't that prevail now? Governor TOWNER. No. Senator ROBINSON. Impeachment by the house and trial by the senate-I think that is a wise provision. Governor TOWNER. I do not want to be understood as urging such a provision. I am only putting it in the form of an absolute guaranty of safety, if you deem it necessary. The CHAIRMAN. Your position is this, if I understand you, Governor, that you do not think it is necessary, you do not reconmmed it, but if in the course of the debate those are found who are hypercritical, the people of Porto Rico would not object to it being in, but in your own judgment it should not be done? Governor TOWNER. Yes. You will remember that those who vote on this bill in the Senate will not have your knowledge of the situation, and while I know that you will try to enlighten them, it might be safer to have this in your mind as a last resort. Now, gentlemen, I will ask you to hear from Senator Jose Tous Soto, who is chairman of the Republican Party in Porto Rico: STATEMENT OF SENATOR JOSE TOUS SOTO, CHAIRMAN OF THE REPUBLICAN PARTY OF PORTO RICO. Senator SOTO. Mr. Chairman, I am chairman of the Republican Party of Porto Rico, and although I think it is a great honor to speak before this committee, I am going to occupy your attention but for a few minutes. The Porto Rican Legislature unanimously approved a joint resolution whose main features are, first, that the Congress, as well as the President of the United States of America, declare their purposes in regard to the final status of the island; second, that all heads of departments be appointed by the governor with the consent of the insular senate. The Senate bill introduced by Senator King deals with the second and third points, but, in my sense, it is proper that I refer also to the question of the status, this being a paramount issue for my people THE CIVIL GOVERNMENT OF PORTO RICO. 27 and specially for my party, the Republican Party of the island. [Reading:] STATUS —THE NONINCORPORATED STATE SCHEME. Porto Rico is an organized Territory but not incorporated. We are asking for the election of our own governor, in fact, the same internal organization of your States. That scheme has been called by the Unionist Party,- the majority party of Porto Rico, a nonincorporated State. We Republicans accept that form of government only as a temporary solution, as a step toward statehood, which is now, and has been always, the aspiration and goal of our party and which is at present also the solution asked for by the Labor Party. The differences between an incorporated State of the Union and the so-called unincorporated state are: First. The governor of a State can not be removed by the President. The Governor of Porto Rico, even if elected by the people, may be removed at the will of the President. Second. Congress has no power to anuul the laws enacted by the legislature of any State of the Union. Congress has power to annul all laws of Porto Rico. Third. The constitutions of the several States, once approved by Congress, are a compact between the Union of States and each individual State and Congress has no power te repeal, alter, or amend such constitutions. The constituion of Porto Rico is only, and must be of necessity, not being a State, an act of Congress subject to be repealed, amended, or changed by Congress. Fourth. The constitution of every State of the Union is framed by the people of each State in a constitutional convention elected by the people. The constitution of Porto Rico emanates from Congress. Fifth. The people of the several States participate in the election of Presidetn and Vice President. The people of Porto Rico have no such right and can not be granted the same until admitted as a full-fledged State.. Sixth. The States elect Senators and also Representatives, according to their respective population. The unincorporated State of Porto Rico shall be without representation in the Senate and House. CONTROL BY CONGRESS OVER PORTO RICO. I have made this parallel to show: First. That Congress may grant Porto Rico the right to elect her own governor and notwithstanding preserve the control of the affairs and the Territory, through the power of nullification of all the local legislation, through the power to amend and repeal the organic act, through the power of the President to recall the governor, through the Federal court, whose judge is appointed by the President, with the advice and consent of the Senate, through the appointment of the five justices of the supreme court that remain in the hands of the President and the Senate, and finally through the appointment of the auditor by the President, having in this way the supervision and control of the finances of the island; and Second. To show that the grant of power asked from Congress, increasing the self-government that Porto Rico now possesses, is not the plenary self-government that the States enjoy. THE QUESTION OF LACK OF PRECEDENTS. The argument that may be advanced of lack of precedent for the election of governor for a Territory is, in my sense, without merit, because our previous organic act and our present one have many peculiar features having no precedent/ in the history of the territorial expansion of the United States, to wit: First. We have no territorial courts possessing both the Federal and local jurisdiction. We have a United States District Court attached to the first circuit, administering the Federal jurisdiction only, and insular courts with jurisdiction in all local matters. Such organization of the judicial power is the same that prevails in the States, and not in the Territories either past or present. Second. Porto Rico was organized as a Territory in 1900, but American citizenship was granted to us only in 1917. That is entirely unprecedented. Third. We are now an organized Territory with a million and a quarter of American citizens, but the Constitution of the United States has not been extended to Porto Rico. Here is another aspect entirely new in the history of the territorial development. 28 THE CIVIL GOVERNMENT OF PORTO RICO. Fourth. The custom tariff of the United States is in force in Porto Rico, hut the net proceeds of all customs duties is covered into the insular treasury. Fifth. Porto Rico has been granted the power to enact her own income tax laws and internal revenue laws, and the proceeds of such taxes and revenues. belong to the local treasury. Sixth. Congress does not make appropriations for the general expenses of' Porto Rico, as it does in regard to the other Territories. Seventh. The interstate commerce act, the safety appliance act, and all acts regulating commerce between the States, by express provision of our organic act, are not in force in Porto Rico. If a11 these are special features of our territorial government unknown to the historical Territories and also to the present Territories of Alaska and Hawaii, I can not see how it is possible to raise the question of lack of precedent as an objection to the granting to Porto Rico the power to elect her own governor. Our conditions are peculiar. We have a density of population by square mile of 374.4, more than any State of the Union with the exception of the District of Columbia (7,292.9), Massachusetts (479.2), New Jersey (420), and Rhode Island (566.4). We have sent senators and representatives to the Spanish Legislature tfrom the beginning of the last century; to be more exact, from the year 1812. We were granted by Spain before American occupation a system of auton-. omous government similar, if not superior to that of Canada. A great percentage of our electorate is illiterate, but we have. universal manhood suffrage and our illiterate electors are intelligent and honest and have exercised the right of suffrage for a long time in a very commendable way. They have only lacked educational opportunities. In regard to education Porto Rico may be favorably compared with many of your Territories when admitted to statehood. CONSTITUTIONAL ASPECT. There is not a single constitutional objection, in my opinion, to the granting to a Territory the right to elect its own governor. Congress is empowered by the Constitution to make all needful rules and regulations for the government of the Territories, and there is no limitations to this grant of authority nor to the manner of exercising the same. No doubt the President and Congress have the supervision of Territories and are responsible to the Nation for the manner in which the affairs of these wards of the Union are conducted, but the supervisory functions of both the President and Congress may be exercised even if an elective governor is granted to Porto Rico in a twofold way. First, through the power of Congress to annul all the territorial legislation, and, second, through the authority of the President to remove the governor. THE QUESTION OF STATEHOOD. You may say perhaps that we must wait till the time comes when we will be. admitted as a full fledged State in order to elect our governor, but in the first place, gentlemen, is Congress ready to admit us in the future as the forty-ninth star of your glorious flag? If that is the case, and I hope it is, on what conditions are you willing to admit us into the Union? Which are the tests to which you wish to submit our people? It seems to me that we are entitled to kniow your viewpoints in this vital question, and I believe also that if you do that it will be a great step in the right direction and would clear the problem of our future status that has been always and is now the cause of many anxieties and many inquiries in our country. But, granting that you are ready to admit uis to statehood, we must frankly accept that this is not an immediate solution. We must first develop our own resources to upbuild industries, to eradicate illiteracy, to raise the standard of living of our workingmen, to improve sanitation and health, and above all to satisfy Congress that we are entitled to be a self-governing Commonwealth. And here is the most potent reason for granting us now the power to elect our governor, because this is a step toward statehood; because if we do well in electing our governor and the governors elected by us prove their ability to conduct the affairs of the island in a satisfactory way, both from the national and the 'local standpoint, we will be justified after a while to come to you asking for statehood. Statehood is our only hope of having a true democratic and autonomous government under the flag of America. And that is the more true since the happy day that the majority party, the Unionist Party, dropped from its political platform the issue for absolute independence. If we are not going to be an inde THE CIVIL GOVERNMENT OF PORTO RICO. 29 pendent country, like Cuba, what is going to be our final destiny? A perpetual colony? That is an impossible thought both to the minds of continental Americans and insular Americans. That so-called unincorporated State of our Unionist friends could not possibly be a final solution of our status. That form of government means only the right to elect our own governor and appoint in the island all public officers. That is self-government, very truly, but it is only a political formula that we all are seeking for the present; but what of the future? Is it possible that we will be content forever to have that restricted form of selfgovernment? I agree that we are not now in position to ask Congress for immediate admission to statehood, but after a quarter of a century of American rule we are entitled to know what the nation has in store for us. We ought to know whether on account of race or geographical position insurmountable difficulties exist to our admission as a State. And that is precisely the main purpose of the joint resolution of our local legislature. You may answer our question granting us the power to enact our own State constitution and to ask for admission into the Union as soon as certain conditions are fulfilled by the people of Porto Rico. That would not be to force statehood upon our people. That would be only a stimulus for Porto Rico to reach this goal and to comply with the conditions fixed by Congress and, at the same time, a door, a golden gate open to the ambitions of the present and future generations. Every territory and possession of the United States has now their definite political goal. The Philippines were offered independence and they are looking for that solution with fervent zeal. Alaska and Hawaii are incorporated Territories and that implies a promise of future statehood. In the light of all precedent in American political history Porto Rico is the only community under the flag that does not know what her future will be. That is not just, gentlemen, and you must in all fairness to us put an end to this situation clouded with doubts and fears. That feeling of restlessness for our political future, to which the memorial of the commission as a whole refers, is natural under the circumstances and I hope that our friends of the Porto Rican Commission will be glad that Congress give us their views on the subject in the only possible way that Congress may speak,. through the enactment of a law granting the people of Porto Rico the right to form their own constitution when we fulfill the conditions and qualifications that Congress sees fit to impose upon us. THE QUESTION OF THE EXTENSION OF THE CONSTITUTION. In regard to the extension of the Constitution it has been contended that it will carry out to the island the entire fiscal system of the-Nation and that the revenues raised in the island under these fiscal laws would be borne necessarily into the Federal Treasury. I doubt the correctness of that conclusion. The clause of the Constitution providing for uniformity of custom duties throughout the United States is in force in Porto Rico, according to the construction of the Supreme Court of the United States, and, notwithstanding that the net proceeds of the custom duties collected in the island have been granted by Congress to our island. So we have here an instance of Federal revenues, collected by Federal officers, under a Federal act granted by Congress to Porto Rico. This being the case, what objection may exist to do the same with other Federal revenues collected in Porto Rico under Federal authorities? But granting that constitutional objections exists, why not provide in our organic act that all Federal revenues after entering the Federal Treasury will form a special or trust fund to be devoted to the needs of the island, as the local legislature may decide with the approval of the President. We need for the present all these revenues, because the property taxes raised in the island are devoted to the needs of the municipal governments after deducting a small percentage. to cover the cost of collection. Our present rate is almost 2 per cent, and that is a high rate considering local conditions. HAWAII AND PORTO RICO. Ours is a different case from that of the Hawaiian Islands. According to the figures of the last census Hawaii has only 255,912 inhabitants. Porto Rico has 1,299,809, but Hawaii has an area of 4,127,360 acres against 2,198,400 that. Porto Rico has; that is to say, Porto Rico, with 4alf the area of Hawaii, has five times the population of said Territory. The assessed value of the lands that Hawaii possesses was, according to that census, 151,129,085, and that of Porto Rico almost an equal value, 179,392,511. Porto Rico has 180,458 children :30 THE CIVIL GOVERNMENT OF PORTO RICO. of school age and Hawaii only 41,350. Hawaii sustains 1,326 teachers and Porto Rico 3,832. Besides that, you have inserted in the organic act of Hawaii, section 73 of the act approved April 30, 1900, this proviso: "All funds derived from the sale or lease or other disposal of such lands (public lands belonging to the United States) shall be appropriated by the laws of the government of the Territory of Hawaii, and apply to such uses and purposes for the benefit of the inhabitants of the Territory of Hawaii as are consistent with the joint resolution of annexation approved July 7, 1898." Congress also makes annual appropriations for the general expenses of the Hawaiian Territory. I want to make clear that we are not complaining of the treatment you have given us. On the contrary, we are satisfied and grateful to you. My reasons 'for mentioning these facts is in order to show that we are not able at present to dispense with our revenues; that is to say, the revenues collected in Porto Rico from all sources, local and Federal. POLICY OF ASSIMILATION. The political scheme called in public law confederation and federation have been devised and was adopted by the fathers of the Constitution in order to promote a most perfect union and at the same time to preserve the rights of the 'several States as a truly sovereign communities, except in regard to those powers expressly delegated to the Union. If Porto Rico should ever come to the Union it ought to come with her own soul, with her own personality, without surrendering any of her historical traditions, her language, her religion, her laws, and the Union would preserve and guarantee to our people, as she does to all the States, the enjoyment of all the blessings of the past, together with all the blessings of her American republican form of government. Speaking of assimilation, we have already assimilated the American institutions, the jury system, the habeas corpus, the entire penal system, the codes of procedure, civil and criminal, the Anglo-Saxon principles of evidence, the system of public schools and taxation, and, in fact, the entire political and administrative system prevailing here, and that process of assimilation has been carried out with the approval of the people and by the people itself. I beg permission of the committee to make part of this statement a supplemental memorial of the minorities republican and labor, already presented to the House and to the President, and some suggestions for specific amendments to the organic act. STATEMENT OF THE HON. OCTAVIO JORDAN, SENATOR OF PORTO RICO. Mr. JORDAN. Mr. Chairman and members of the committee, it is 'not with a sense of begging but with the dignity and natural pride of American citizens that we come before you to demand what we think is just and right for the people of the island of Porto Rico. A civilization 400 years old met you there when General Miles and his men landed in Porto Rico in 1.898 as a necessity of the circumstances imposed by military contingencies during the armed conflict between this country and Spain. Following this, and after two years of a military r6gime, Porto Rico was granted a form of civil government which, to tell the truth, never met with the approval of the islanders, especially so when considering the freedom enjoyed by the people at the time of the occupation. We were enjoying the most liberal form of autonomical government given to us by Spain. But, of course, in our inability to reject that-no alternative left to us-we patiently started anew to work steadily and conscientiously to win the consideration and respect of the American people and of their Congress. And moved by the success of the experiment made, and seeing that there was no field of activity where we Porto Ricans could THE CIVIL GOVERNMENT OF PORTO RICO. 31 not give a good account of ourselves, the United States. Cotigress grpnted us our presept organic act by which the qualified! 'voters'ot Porto Rico can elect their senate aiid their house' f'reprqentatives. Together with thi we were made' also^ America/ citizens. What we hav9 doneithe i an the. ilanever since '1917, the'tite the present organic law was given.us, is a living monumnt to our capa.ity and to our ambitions. The Portp iRicans t the kelY of the ship of their owt n affairs have provee, bteyond,' any doVt and 'eyond any reason, to be.capable of accomplishing 'deeds whch would seem marvelous and which would do honor to you as well as to us. Schools, roads, sanitation' public improvements, labpr problems, and everything that makes up the whole mchiiiery of a natipn has' been taken up by us with such an earnestness that the results, have been wonderful. With main and might we set to work, ' ad Whiatever part was intrusted to our hands wks taken care ofwiti heart in< soul: It would be *inter6sting for you to khow that the:probl'em of sanita-' tion is one on which'not only the governmhent, but the p6ople,aswell, have realized its importance and have 'given to it' the most hearty cooperation; resulting in making Porto 'Ric one df the h'eaithiest' and most sanitary places on the face of the earth. Yellbow fever, cholera morbus, bubonic plague, smallpox, and other hig.ly contagious diseases have been completely wiped out of the island. it is:worthy of note the work we are conducting in the island against such other diseases as tuberculosis, malaria, uncinariasis, common to tropical countries. At the time of the American occupation the death rate was 42 per thousand. At that time our population was 800,000 people. From 1903 to 1908 it was 23.33' per thousand. In 1908 it came down to 20.90 per thousand, one of the lowest recorded. From that time to 1914 the death rate was 20.40 per thousand. From 1914 to 1918 the death rate was 25.92 per thousand. From 1918 to 1921 it was 22.74 per thousand. The increase we had between 1914 and 1918 was due mostly to the epidemic of influenza. At present the death rate is 21 per thousand. The number of births recorded during the fiscal year was 50,3t8; the number of deaths was 28,533.. Gentlemen, when you take into consideration 'these figures and see that from a death rate of 42 per thousand we have brqught it. down to 21 per thousand you will all agree with me that We Porto Ricans, your fellow citizens, as a people, deserve yopr utmtst,ttention in regard to our pleas and our demands. Nearly 'every town in the island has an aqueduct with' filtrititon plants for purifying the water, which is a guaranty for' better health conditions. Also, many of our towns are provided with sewer systems. And all this has been done under the guidance of our 'own people assimilating American ideas of progress and putting them into effect with our own resources. Hospitals are in nearly every town, besides the insular government maintains dispensaries for the prophylactic as well as for the 'therapeutic treatment'of uncinariasis and tuberculosis. Sera and vaccines are furnished free by our government for the treatment and'prevention of said diseases, such as typhoid fever, bubonic plague, smallpox, and others. 91244-24 '3 32 THE CIVIL GOVERNMENT OF PORTO RICO. This will give you an idea of what our ambitions are in this matter of sanitation. And we have gone a little further yet. Always alert to the evolution of scientific problems; we have just made arrangements with the University of Columbia to establish in Porto Rico a school of tropical medicine, and the far-reaching scope of this institution can hardly be grasped at our first glance. The first session will begin next fall. Gentlemen, stop for a minute and think what this means to you. We pretend that with this accomplishment we have laid down the cornerstone of the future Pan American University. No matter which way I look at it, I can't see any reason why we should be denied what we are asking. Bear in mind, too, that part of your present history, some chapters of it have been written by the Porto Rican people. I am referring to the recent World War. Our loyalty to you during the great struggle is something that fills our hearts with joy and pride. Even before Congress passed a law making conscription obligatory the people of Porto Rico, through the then president of the senate, Mr. Barcelo, asked voluntarily to be included in the draft and have their share in the conflict. Our registration was 258,000, and, gentlemen, this will be astonishing to you and we proudly boast of it: There was not a single slacker in Porto Rico. And those American citizens are the ones asking you to be granted the power to elect their own governor. STATEMENT OF ALFONSO LASTRA CHARRIEZ, VICE PRESIDENT OF THE HOUSE OF REPRESENTATIVES OF PORTO RICO. Mr. CHAtRIEZ. Mr. Chairman and members of the Territorial and Insular Possessions Committee, in behalf of the lower house of the Porto Rico Legislature, of which I am a member; of the majority party and of the Porto Rico delegation to the United States, to which I belong, I want to frankly and candidly request the approval of the pending legislation before the committee granting to Porto Rico a greater measure of self-government, especially the facility of electing its own governor. Mr. Barcelo's statement in this regard presents Porto Rico's position and aspiration so frankly and so candidly that were it not because I can not allow myself to let a chance go by without helping to the utmost of my limited ability to furthering of Porto Rico's rights and privileges, I would, gentlemen, gladly add my name to Mr. Blarcelo's statement and rest our case before you feeling perfectly assured that Porto Rico's rights have been properly taken care of. For this reason I will be very brief. First to avoid unnecessary repetition, as Mr. Barcelo, president of the Porto Rico Senate, so ably covers every phase of the problem. Second, because our demand is so material and so just, and we are presenting our case before such a selected group of liberty-loving citizens, scarcely any pleading will be necessary to win your hearty approval and support for our measure. In a general way I will briefly review Porto Rico's situation from 1898 to this very minute. Porto Rico became a part of this great Nation after the SpanishAmerican War and your Army wrested our small island from the THE CIVIL GOVERNMINT OF PORTO RICO. 38 Spanish Crown. The peace commission at Paris effecting the transfer of this country from the Spanish Crown to the sovereignty-of the United States, ours was an unhappy minute; an unhappy moment at that date, for, as the old international principles then held sway our own people had not a chance to express their own point of view in the bargain, nor were our rights voiced by any of our people. Fortunately, when Porto Rico's final status was discussed at that time, your American commissioner assured the Spanish commissioners that Porto Rico would be properly taken care of, because Congress had never sanctioned any law detrimental to human rights. In 1900, during McKinley's administration, Congress enacted the Foraker Act, providing a form of civil government, patterned not; after your historic democratic and representative form of government, for it established in the island a strong central government not responsible to the people itself. The lower house of the legislature was the only branch of the insular congress elected by a popular vote. The upper house, then called the executive council, was all of presidential nomination and 6 of its 11 members were heads of departments. Thus the executive and legislative branches were unfortunately merged into one. This ensuing regime allowed/ at times, even the participation of a man just arrived from thousands of miles away, without any previous knowledge of existing conditions, to vote on internal questions relative to the momentous problems of the' time. The governor, also, was a presidential nominee. Hence, the executive and legislative branches were all one and the same thing. I do not mean to criticize this condition, but simply to show here the experimental stages we have gone through and how, naturally, we had to suffer under such circumstances. Fortunately, in 1917, Congress, then more familiar with the conditions in the island, granted us the Jones Act, the present organic law. It is, of course, a much more liberal form of government, for it terminates the consolidation of the legislative and executive branches; it places the legislature altogether on a free electoral basis, both houses being elected by popular vote. Nevertheless, from the standpoint of your own governmental principles and from the viewpoint of our rights, we can not to-day say that we possess a really democratic form of government nor can anybody expect that a liberty-loving people, wishing to enjoy their duties and their rights, may be satisfied with such conditions.! I need not quote any statistical data to prove that Porto Rico is fully capable of managing its own affairs and of being able to enjoy and deserve the most complete form of self-government. Mr. Barcelo's statement in this regard and our governor's reports from 1900 to 1923 bear witness to this. Porto Rico has been for 400 years enjoying and developing its own Christian civilization. This civilization speaks through its industry, its literature, its large number of professional men, the high degree of intellectual development of the masses; in short, everything that reflects high culture, development, and progress is a part of our social fabric. In regard to economic and social legislation, we' are the equal of any State in the Union. The grand jury and the petit jury have long been in service in the island. They have been a bulwark and a guaranty of the rights of men. 3:4; THIE CIVIL GOYERM.iENT OF,PQRTO RICO. Porto Rico entered suddenly-to.enjoy religious freedom without the slightest social commotion. Slavery was abolished in 1770 by the very will of the people,. even with the support; and approval of slave owners. Our judiciary system) based on a monarchical form of government until 1898, although locally autonomous, was also suddenly changed into a judiciary system, part and parcel of a republican form of governmenti. without the slightest friction. The popular privilege of,voting has been exercised with a fair degree, of intelligence, as reflected by the type of men, selected to fill elective office in the island. We are all familiar ivjth: the lesson that. your history teaches. Our youth has quenched its liberty-loving thirst in your very fountains of freedom, and has learned to appreciate and practice your great. republican virtues and to emulate and support with enthusiasm your great democratic institutions. Following thus the trail to. the hall of liberty that your history lays down as leading to the great summit of human rights, we come here to Congress to place before you the just petition of our people to have their rights recognized. Our problem, rather than a problem of ourselves alone, is one of the most far-reaching problems of the Nation. Even more. It is a far-reaching problem of the great American Continent. Our historic ancestry singles us out in this great Republic; we are the only portion of national territory where the Spanish language is spoken, although English, too, is spoken throughout the island and preferentially taught in the public schools.. Your policy should be one of sympathetic understanding with our sister Republics of Central and South America. For that reason, when we come to you to defend our rights and to tell you that our cause is not only ours but the Nation's cause, we realize the far-reaching effects of your decisions toward Latin-American people; for Latin America has her eyes fixed 'upon us, taking us as an example of your relationship and your intercourse with the Latin-American people. We are proud of our American citizenship and proudly we were ready to fight for it during the great World War. But that very right gives us also a solid foundation from where frankly and candidly we may state our point of view to our Congress. We ask for a representative, democratic self-government. We request a government derived from the will of the governed and responsible to the very people itself. Even to-day the President of the United States nominates the governor. If he happens to be a good governor, the island applauds him, as it has applauded and will continue to applaud Governor Towner. But when, unfortunately, we have had governors who have acted without regard to the rights of the people we are forced to suffer, for he can easily ignore the rights of the one-and-a-half million Porto Ricans, who have practically no way of making theit governor responsible to them rather than imposing upon them. In countries like this great country, governed by democratic governments, the sovereign is the. people. However, in Porto Rico to-day the sovereign is the President of the United States, due to the fact that he has the power to appoint, our governor, and this man, so appointed, is not responsible to the people of Porto Rico for his acts. We want you to give us self-government, and that is why we present our claims, hoping that you will do us due justice. As American .rifz dtlLt GtVEi9S~SCl^ Oft -PORTO AitO. a5s citizens, 'onsciois of the 'rights we'possess, we ask you, honorable membeies of the coinriittee, Without pretensiofi, but with energy; without price, but with determination; without exaltation, but with faith aid hope that once'jybuhave enriobled us with your citizenship, you may also ennoble us with its'attributes, reflected in our government, presenting and indorsing to the United States Senate, all of our points of view which we have brought out in this hearing. Out question is. not a judicial question nor a constitutional judgment; it is simply a political affair; regarding not only ourselves and the Nation but also the whole American country, and, whatever you do will be of a nature of the things done wherever the Stars and Stripes float over a free people. Our people know you better than you realize and they feel at rest, knowing that they will be justly treated. The world has its eyes fixed upon you, especially your Latin American neighbors. I am familiar with your republican virtues; I have studied Lincoln's career from his log cabin to the White House; I have learned with your thinkers and statesmen to love liberty above life; in short, paraphrasing your commission to the Paris peace conference of 1898, I might say that a people that has never sanctioned a law detrimental to human rights and liberties has been chosen by God to establish in Porto Rico, through the will of my country, a government of the people, for the people, and by the people. Fortunately, how much easier it is.for us to demand and to get our rights than it was to our great forefathers. Fortunately, too, in pleading our case before such liberty-loving judges,, we need not end by saying, "Give me liberty or give me death." STATEMENT OF HON. ENRIQUE BIRD, MEMBER OF THE HOUSE OF REPRESENTATIVES OF PORTO RICO. / Mr. BIRD. Mr. Chairman and gentlemen of the committee, after listening to the elaborate and clear arguments made before you by President Barcelo and Speaker Guerra, I feel as if it was almost unnecessary to be heard in defense of the rights of my people. Yet, I do not wish to lose this opportunity to make an effort to support the bill under your consideration, which tends to grant to Porto Rico the fundamental reforms in her organic act which have been asked for through our instrumentality in compliance with a mandate of the legislature of the island, as you can readily see from the terms of the memorial that the Porto Rican delegation, of which I am a member, resented to President Coolidge and to the Congress of the United States. The Porto Rican delegation that has come to be heard by you is made up from members of the three political parties which contend for public favor in the island. Fulfilling, therefore, our duty we have come to you, gentlemen of the committee, to urge a favorable report on the measure now under your consideration, which, generally speaking, is reduced to simply granting Porto Rico the right to elect her governor, giving also to our executive the power to appoint his cabinet with the advice and consent of the senate of the island. This is a reasonable and natural expectation from a people that has been waiting during 25 years, with unlimited patience and with a firm faith, that the granting of the power to control their own internal 86 THE CIVIL GOVERNMENT OF PORTO RICO. affairs, as the States of the Union control theirs, and as it is to be expected from citizens of this democratic and liberty-loving Republic, would no longer be withheld. Porto Rico wants to develop her own life in consonance with her own economical conditions and in harmony with the needs of the people, thus getting in readiness for whatever solution the future may bring. We believe that this solution can be no other than a system, amply autonomous, equivalent and similar to the one prevailing in your own States, our island remaining permanently associated to you, but not incorporated, since it is impossible that our island, small as it is and with the great expenditures entailed by the needs of her large population, could fulfill the obligations it would incur if incorporated as a Territory or as a State having to cover customhouse dues into the Federal Treasury, which now are covered into our own as well as the proceeds of income tax and other revenue, all of which would mean a loss of over $10,000,000 a year in our financial resources, without which our island could not be organized as a community capable of facing public needs and public service. The Congress of the United States ought not to worry over the final status of Porto Rico. It can be no other than an indestructible tie represented by the citizenship which you granted us, so that whatever the final solution may be, that solution will always be found within your sovereignty and in consonance with your democracy. The wishes of our people foi: more liberty are so deep rooted in the public conscience that if it were possible to obtain the full measure of civic rights within your federation, even at the expense of the financial ruin of the island, be sure that Porto Rico would gladly face ruin in order to obtain more liberties; but, as it has been well stated by other gentlemen before you, the final solution of this matter is not for you, nor for us, to decide. Future generations will face this problem and they will solve it in harmony and to the best interests of the people of Porto Rico and of the people of the United States; but in the meantime we are entitled, as American citizens, to be safeguarded by democratic institutions responsive to the principles of a popular representative government. Grant to Porto Rico this measure of justice and in so doing you will act in perfect accord with the principles we all profess and which the whole of mankind had learned to admire in you. High officials of your administration support this measure. A denial of our petition would discourage our people, who believe, with full faith, in the high spirit of justice which animates you. We are certain of the fairness of our cause, and we leave it in your hands, knowing that the judges, who will do justice, will do so to the honor of your principles and to the honor of your country. STATEMENT OF RAFAEL ALONSO, REPRESENTATIVE, SOCIALIST PARTY OF PORTO RICO. Mr. ALONSO. Mr. Chairman and members of the committee, as members of the Porto Rican Legislative Commission we are entirely in accord with the memorial presented by the same, dated January 13, 1924. But the undersigned are compelled to submit this additional memorial, not to contradict, but to supplement the one presented by the commission as a whole. THE CIVIL GOVERNMENT OF PORTO RICO. 37 Congress is asked by the legislative commission to state its opinion in regard to the political status of Porto Rico, without making any suggestion in connection with this problem. The undersigned believe that it is proper for us, in compliance with resolutions approved by the governing bodies of our respective parties, to suggest statehood as the only possible solution of this question, and as a step toward this goal the immediate extension of the Constitution of the United States to the island of Porto Rico. We feel this way because we Porto Ricans are citizens of the United States by virtue of the organic act of March 2, 1917, more commonly known as the Jones Act. All persons born in the island who were Spanish subjects at the time of the ratification of the treaty of peace between Spain and the United States in 1899, and their descendants, became citizens of the United States by operation of the Jones Act, with the exception of those who declared their will to retain their status as citizens of Porto Rico as defined in the previous organic act of 1900, known as the Foraker Act; and notwithstanding this grant on the part of Congress, the Constitution does not extend to Porto Rico, and the rights and privileges of the American citizens born in Porto Rico are not protected by that great instrument. We, as members of the Porto Rican Legislature, ande all public officials in Porto Rico, in taking office are bound to swear that we will preserve the Constitution, but the Constitution is not in the island. It did not follow the flag, and has not followed the granting of American citizenship. This anomalous state of affairs undoubtedly was not intended by Congress when it enacted the Jones Act. The general belief at the time was that the organization of the Territory of Porto Rico, plus the granting of American citizenship to the Porto Ricans, would extend the Constitution to the island and the incorporation of the Territory. That was the result contemplated by Congress, and that was also the impression created in the island. Our supreme court and the United States Court for Porto Rico decided that the Constitution was extended to Porto Rico by the Jones Act, but the Supreme Court of the United States ruled to the contrary, declaring that the Constitution ought to be extended and the incorporation of the Territory accomplished only by a direct act of Congress. We are now asking for this act, not only in order to terminate the anomalous situation of one million and a quarter of American citizens not covered by the Constitution of the United States, but because that situation has created the impression that Congress is not disposed to treat our country the same as it treated the 35 Commonwealths that came to the Union as a result of the territorial expansion of the Nation after having been governed as Territories for more or less time. To all these Territories, after organization, the Constitution was extended, and, therefore, they were incorporated; that is to say, they received from Congress the implied promise of being admitted eventually to statehood, since the holding of peoples indefinitely in a condition of political inferiority and domain, without proper sovereignty and a'constitution enacted by the people themselves, is obnoxious to the American institutions. This impression has generated in the minds of many of our countrymen the idea that absolute independence for Porto Rico, as suggested for the Philippines, is a possible scheme of government for Porto Rico, notwith * 38 TJ4 CIVIL GOVEIEENT. OF PQFtO CO. standng.the repeated utterances of public men against such a plan. However, if Congress does not contemplate independence for Porto Rico, as we verily believe, we are entitled to know on what conditions Cdngress willallow our island to form its State constitution, and ask for a'dmission into the Union. The necessity of such a step is emphasized when we learn that the opinion of American statesmen is far from being uniform in this respect. There are utterances of some public officials of high authority in the sense that statehood for Portp Rico is out of the question, and if this opinion is coupled with those denying the right of the island to be independent, then we must reach the important conclusion that our destiny is to be a perpetual colony, a mere possession of the United States. That can not be in the light of American history. Even the word "colony" has an opprobrious meaning in the public mind of America and would meet the reprobation of our island that was for 400 years a Spanish colony. The problem is for you to solve. We are not urging you to decide just now our status. We are not asking for statehood at the present moment, but we need to know the future that is in store for us and our children. It is not the same thing to educate the coming generations in the idea of becoming citizens of a State of the Union, that it is o. prepare them to be members of an independent LatinRepublic, bound.to your own Nation by the ties of gratitude and interests only. We want now the extension of the Constitution to the island and this will mean that our future is sealed forever that our destiny 'is to become another.star in your own flag, that is now ours, but without allowing us to be represented in the blue sky of the same. If you find it inconvenient to accept us on the same basis of representation as your 48 Commonwealths, you may accept the plan of our present governor, Hon. Horace M. Towner, which he introduced in the House of Representatives, Sixty-seventh Congress, first session, as chairman of the Committee on Insular Affairs of the House, House Joint Resolution 68, proposing an amendment to the Constitution, providing for the admission of noncontiguous and overseas States on the basis of limited representation in both Houses of Congress, a copy of which is attached hereto. We suggest that said amendment should also include the granting of power to Congress to exempt such Tcrritories from the operation of the fiscal laws of the United States. Something must be done in order to put an end to the restlessness of our people, and in order to settle forever this dangerous question of the political status of the island. It is true that the extension of the Constitution to Porto Rico may carry with it the application to the island of the internal revenue laws of the United States, and that the revenues derived therefrom may be borne into the Treasury of the United States, together with the proceeds of the customs duties collected in the island under the customs laws of the United States, as well as the inheritance and the income taxes collected under the respective.laws of the United States, and that without those revenues we can hardly carry on the government of the island if we are to give proper attention to education, sanitation, public improvements, and the welfare of laborers and destitute people. Therefore, some plan must be devised whereby those THE QIViLU GOVERNMENT OF PORTO RICO. 39 revenues: that Congress, with generosity which.we, deeply appreciate, has granted to the. island; be devoted -to the development ofthe Territory, as at present, notwithstanding the extension of the. Constitution to Porto Rico. '. We suggest that a provision, in the form of:an.amendment, such as the one annexed to this memorial, be embodied in the organic act. We do not apprehend any constitutional objection to an act by Congress appropriating the Federal funds collected in 'the Territory of Porto Rico, to be devoted to. the needs of the island, as the Legislature of Porto Rico might direct, with the approval of the President of the United States, after said funds have been covered into the Treasury of the Nation. That action would be justified in view of the fact that the cost of maintaining the government of the Territories has always been the duty of the Nation,.and also that Congress has granted to the'Territory of Hawaii the proceeds obtained from the lands belonging to the United States and located in the Territory, and has also expended large sums of money in the development of the Territory of Alaska. "Without malice" * * * "and with charity for all" we hope that we see the solution of our problem "as God gives us to see it." As American citizens we want to come under the protecting folds of the Constitution the same as we came under the flag-our' flag-to remain forever after an integral part of these United States of America. STATEMENT OF MR. GONZALEZ MENA. Mr. MENA. Air. Chairman, as the leader of the Republican Party in the house of representatives of Porto Rico and a member of the legislative delegation, I want to be on record in favor of the petition made by the people of Porto Rico, without & single dissenting voice, for self-government, to the extent of granting us the power to elect our own governor. This petition; is indorsed by all the political parties of the island, by the public press, and by all the elements of our population, either insular Americans, continental Americans, or foreigners. We all agree in Porto Rico, with very few exceptions (that rather than contradict, confirm the general rule), that independence of the island is out of the question. The same opinion prevails, almost unanimously, among the American statesmen. That being the case, statehood is the logical solution of our status and the only one in accord with the American institutions and history. But we are not financially prepared to assume the burdens of statehood at present. Therefore, we must content ourselves now with a republican form of government, that has all the features of the government of the States in its interior organization, leaving to Congress, notwithstanding, the powers of supervision and control that the Nation has and ought to have over all the Territories. If you pass the bill under consideration and we prove, in practice, unworthy of the confidence placed in us by Congress, you will have at any time the right to withdraw from our people the power granted to them. The supreme court remains as it is at present, in fact, a Territorial court appointed by the President with the consent of the Senate, and you know better than I that the judiciary in the American system of Government is the best bulwark against the violation of the rights of 40 4THE CIVIL GOVERNMENT OF PORTO RICO. the citizen. The auditor, that is to say, the comptroller of our expenditures, will be also appointed by the President with the consent of the Senate, and finally, the President will have the unquestionable power to recall the governor elected, if his acts are against the welfare of the people or obnoxious to the best national interests. A distinguished member of this committee has asked what would be the treatment of the American interests in the island in case we get entire control of our affairs. Permit me to say that, in Porto Rico, aside from the foreign interests, all interests are American, because we Porto Ricans are American citizens. We can not and we do not attempt, even if we could, to discriminate between continental and insular Americans. Our bill of rights and the American Constitution would preclude such discrimination and our courts will enforce the guaranties of both the Federal and the local Constitution. In regard to foreign interests, I wish to say, that the Spanish colony is the strongest foreign colony from a financial standpoint, and the mouthpiece of said colony, the influential newspaper, El Imparcial, is advocating united action on the part of the public press to petition Congress to grant to Porto Rico the right to elect her own governor. There is not the slightest difficulty, from a constitutional standpoint, to grant Porto Rico what the island is unanimously asking, and, on the other hand, we are prepared for this forward step, that will place us in the glorious path of statehood. STATEMENT OF JOSE V. ALONSO, PRESIDENT PORTO RICAN DEMOCRATIC CLUB. Mr. Chairman, under the leave granted me I beg to submit to your consideration the following statement: I have the honor to be the president of the Porto Rican Democratic Club, first assembly district of Brooklyn, N. Y., as can be best shown by the two credentials attached to this statement as an integral part thereof. The said organization is a political club with a membership of over 5,000 natives of Porto Rico who are citizens of the United States and residents of the city of New York. The political activities of the said club have been officially recognized by the authorities of the State of New York. The members of the said club have taken part in political elections held at the said city. Your informant begs to state that in spite of the fact that the membership of the said club belongs to the three different political parties of the island of Porto Rico, they are closely united, nevertheless, in indorsing and upholding any favorable amendment to the organic act of Porto Rico that would result in a larger measure of self-government to that island. Your informant begs to state that he has learned of the approval of the Legislature of Porto Rico of an unanimous resolution wherein and whereby the right to elect the governor of Porto Rico is asked for. The trend of opinion among the membership of the said club runs unanimous in favor of the granting of the said right by Congress to the people of Porto Rico. Your informant begs further to state that the whole membership of the club of which he is the president, unanimously is voicing the sentiments of the Porto Rican colony of the city of New York. THE CIVIL GOVERNMENT OF ORTO RICO. 41 STATEMENT OF LUIS TORRES COLON, PRESIDENT OF DEMOCRATIC FEDERATION OF AMERICA. Mr. COLON. Mr. Chairman and members of the committee, I have the honor to be the president of the Porto Rican Democratic Federation of America, with main offices at 33 Sands Street, Brooklyn, N. Y. Said federation embraces four political clubs, duly organized, with an official registration of members of 8,860. All of the members of these organizations are natives of Porto Rico who are citizens of the United States and of New York City. The four clubs alluded to:are the following: 1. Porto Rican Democratic Club (Inc.), first assembly district, Brooklyn. 2. Porto Rican Democratic Club, third' assembly district, Brooklyn. 3. Porto Rican Democratic Club of Harlem, New York City. 4. Porto Rican Democratic Club of Chelsea, New York City. Other associations of Porto Ricans residing in the said city and which are now in process of formation in the boroughs of Bronx and East Side are likely to become members of the aforesaid federation within a short time. The political activities of the said Porto Rican Democratic Federation of America has been officially recognized by the authorities of the State of New York. The membership of these associations has taken part in political elections in the said,city of New York. I beg to state that in spite of the fact that the membership of these different clubs belongs to the three different political parties of the island of Porto Rico, they are closely united, nevertheless, in indorsing and upholding any favorable amendment to the organic act of Porto Rico that would result in a larger measure of self-government to that island. I beg to state that I am conversant with the resolution unanimously approved by the Legislature of Porto Rico whereby the right to elect the governor is sought. The trend of opinion among the membership of the said federation is unanimous for the granting,of said right by Congress to the people of Porto Rico. Those members who come from the labor ranks in Porto Rico favor Senator Iglesias' position on the matter. Those that are Unionists indorse Mr. Barcelo's attitude, those that belong to the Republican Party of Porto Rico support Senator Tous Soto in his statement to you. STATEMENT OF LUPERCIO ARROYO, PRESIDENT PORTO RICAN LABOR ALLIANCE. Mr. ARROYO. Mr. Chairman, under the leave granted me I beg to submit the following statement: I have the honor to be the legal president of the Porto Rican Labor Alliance, which is a labor organization devoted to solving,economical problems and fostering the best interests of the laboring classes of Porto Rico, nonpolitical in character, with a membership of about 300 men and who are Porto Ricans, citizens of the United States, and residents of the city of New York. Your informant begs further to state that the association which he now represents is unanimous in favor of the granting to Porto Rico 42 THE CIVIL GOVERNMENT OF PORTO RICO. of the right to elect her own governor directly by the people of the island. This was evidenced at a large convention held recently in New York City at which time and occasion every one of the members of the said labor union expressed themselves in favor of such measure. Your informant further begs to state that the labor union over which he presides is unanimous in backing the activities of the American Federation of Labor and the attitude that this latter union has taken with regard to the unanimous petition of the Legislature of Porto Rico favoring an elective governor for the island. STATEMENT OF SENATOR SANTIAGO IGLESIAS, 'AND MR. RAFAEL ALOSO, MEMBER OF THE HOUSE OF THE LEGISLATURE OF PORTO RICO. Mr. IGLESIAS. Mr. Chairman and gentlemen, the Porto Rican Legislature decided to send a delegation with a mission to the United States, and the said mission had the purpose to convince the President and Congress of the United States that the people of Porto Rico should be granted a larger share of economic and political freed)m so that the island may be a land whose people may enjoy the same standard of life and civilization that is generally and ordinarily enjoyed by the States of the Union. Resolutions indorsed by the American Federation of Labor conventions which we file with this brief summary of the various causes responsible for the tribulations of the people of Porto Rico in their economic, social, and political life will give you an idea of the needs of legislation that in behalf of the people of Porto Rico the Congress should approve. The solution of the economic and social problems of Porto Rico has been delayed for years, it is said, because of the fact that the President and the Congress of the United States have not been sufficiently informed as to these problems. As a matter of fact, Porto Rico has not the proper standing in the national life. The people of the island have not the proper representation in Congress with the right to voice and vote. Very few officials of the Federal Government have had a thorough knowledge regarding the deplorable economic conditions of the people of that island and especially of the financial organization imposed upon them through a colonial system of unlawful monopoly of the lands and business controlled by nonresident enterprises which are exploiting that people. Two-thirds of the annual profits yielded by the agricultural, commercial and industrial producing masses of Porto Rico leave the country in the shape of rents, commissions, and dividends estimated at 60 per cent, to be distributed and invested in other communities outside of the island. Therefore it is not strange that more than half of a million of workers-men, women, and children-engaged in farm and industrial work are continually in a depressed condition. The exportation of the profits in such amount has prevented the reinvestment of same in new enterprises and industries within the island for the last 20 years. Many millions of dollars have already been lost to the progress and welfare of the people of Porto Rico. Under the present colonial economic status of the agricultural and industrial conditions in Porto Rico, there will always be an enormous oversupply of labor slowly but surely starving, and with the miser THE- CIVIL GOVERNMENT OF PORTO RICO. 43 ably low wages paid not even those lucky enough to get employment are able to get sufficient food to keep body and-soul together. As one of. the remedies 'to ameliorate this' situation we have to suggest to Congress to take some action in the land question. That nothing in any act to be legislated shall be so construed as to abrogate or in any manner impair or affect the provision contained in section 3 of the joint resolution approved March 1, 1900, with respect to the, buying9 selling, or holding of 'real estate. Congress of the United.States had the purpose of preventing the monopolization: of land and business, as shown by the following paragraph: SEC. 3.' No corporation shall be authorized to conduct the business of bhyingi and selling real;estate or to be permitted to- hold or own real estate except such.as may be reasonably necessary to enable it to carry out the purpose for which' it was created, and every corporation hereafter authorized to engage in agricul-. ture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent'.any member of the corporation engaged in. agriculture from being in anywise interested in any other corporation engaged in agriculture. The terrible curse of absentee landlordism cuts deeply into the economic heart of Porto Rico. Hundreds of thousands of its most fertile acres are owned by nonresidents. As quickly as the rich crops are collected they are taken out of the country, and the supply of sugar, tobacco, coffee, and'others and almost infinite sources of profits and wealth is lost to the island forever. Upon the offibials of the Government and Congress rests the responsibility for the last 20 years for this law not being enforced in Porto Rico. It has been proven so by a legal document forwarded to the Senate by the President of the United States on January 18, 1918, which says: Whereas the President of the United States has sent to the Senate and the House of Representatives of the National Congress, on date of January 18, 1918, a message and document relative to lands held, directly or indirectly, by corporations, associations, and individuals in Porto Rico, in violation of the organic act and in excess of 500 acres; and Whereas the message and document of the President of the United States states the following: "' To the Senate and House of Representatives: "Section 39 of the act of Congress approved March 2, 1917, entitled 'An act to provide a civil government for Porto Rico, and for other purposes,' contains the following provision: i' 'That- the Governor of Porto Rico shall cause to have made and submitted to Congress at the session beginning the first Monday in December, 1917,, a report of all the real estate used for the purposes of agriculture and held either -directly or indirectly by corporations, partnerships, or individuals. in holdings in excess of 500'acres.' "In accordance with this provision, there is submitted herewith a report prepared under the direction of the Governor of Porto Rico. "As will be noted, this report covers all real estate used for the purposes of agriculture and held either directly or indirectly by corporations, partnerships, or individuals.in holdings in excess of 500 acres." Very respectfully, TWOODRO W ILSON. THEE WHITE HOUSE, January 18, 1918. 44 THE CIVIL GOVERNMENT OF PORTO RICO. REPORT OF ALL THE REAL ESTATE USED FOR THE PURPOSES OF AGRICULTURE AND HELD EITHER DIRECTLY OR INDIRECTLY BY CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN HOLDINGS IN EXCESS OF 500 ACRES IN PORTO RICO. RECAPITULATIONS BY NATIONALITY-PROPERTY DESCRIPTION AND VALUE. Two hundred and seventy-nine partnerships and individuals of United States of America, number of acres owned, 290,112; value, $17,472,990; number of acres leased, 67,687; value, $5,817,011; total number of acres, 357,799; value, $23,190,298. Buildings, machinery, and other structure owned, $3,190,298; leased, $429,744; total, $3,620,042; grand total, $26,910,043. One hundred and nine partnerships and individuals of Spain, number of acres owned, 89,429; value, $4,356,128; number of acres leased, 35,520; value, $2,002,906; total number of acres, 124,949; value, $6,359,034; buildings, machinery, and other structure owned, $919,107; leased, $52,714; total, $971,821; grand total, $7,330,855. Twenty-one partnerships and individuals of France; number of acres owned, 26,044; value, $1,352,735; number of acres leased, 5,248; value, $716,610; total number of acres, 31,292; value, $2,060,345; buildings, machinery, and other structure owned, $742,575; leased, $11,245; total, $753,820; grand total, $2 823,165. Five partnerships and individuals of other nationalities; number of acre owned, 3,343; value, $71,810; number of acres leased, 1,139; value, $62,350; total number of acres, 4,482; value, $134,160; buildings, machinery, and other structure owned, $4,450; leased, $1,710; total, $6,160; grand total, $140,320. Twenty-one partnerships and individuals of Americans in partnership -with Spaniards; number of acres owned, 26,467; value, $2,115,255; number of acres leased, 10,896; value, $669,310; total number of acres, 37,363; value, $2,784,565; buildings, machinery, and other structure owned, $113,225; leased, 18,690; total, 1.31,915; grand total, $2,916,480. Five partnerships and individuals of Americans in partnership with citizens of various nationalities; number of acres owned, 9,965; value, $1,004,887; number of acres leased, 2,600; value, $323,630; total number of acres, 12,565; value, $1,328,517; buildings, machinery, and other structure owned, 865,641; leased, 6,470; total $872,111; grand total, $2,200,628. Total number of partnerships of all nationalities, 432; total number of acres owned by all nationalities, 445,360; total value of the total number of acres owned by all nationalities, $26,373,805; total number of acres leased by all nationalities 123,090; their total value, $9,591,817; total number of acres owned and leased by all nationalities, 568,450; their total value, $35,965 622; total buildings, machinery, and other structure owned by all nationalities, $5,835,296; total buildings machinery, and other structure leased by all nationalities, $520,573; total buildings, machinery, and other structure owned and leased by all nationalities, $6,355,869; grand total, $42,321,491. Thirteen corporations of United States of America, incorporated in the United States; number of acres owned, 33,653; value, $3,477,618; number of acres leased, 46,123; value, $5,471,508; total number of acres, 79,776; value, $8,949,126; buildings, machinery, and other structure owned, $7,428,010; leased, $437,732; total, $7,865,742; grand total, $16,814, 868. Thirty-one corporations of the United States of America, incorporated in Porto Rico; number of acres owned, 58,038; value $6,703,402; number of acres leased, 59,549; value, $6,150,297; total number of acres, 117,587; value, $12,853,699; buildings, machinery, and other structure owned, $11,635,742; leased, $87,228; total, $11,722,970; grand total; $24,576,669. One foreign corporation incorporated; number of acres owned, 142; value, $28,390; number of acres leased, 441; value, $35,600; total number of acres, 583; value, $63,990; buildings, machinery, and other structures owned, $762,732; leased, $810; total, $763,542; grand total, $827,532. Total number of corporations of all nationalities, 45; total number of acres owned by such corporations, 91,833; value, $10,209,410; total number of acres leased by all such corporations, 106,113; value, $11,657,405; tota' number of acres owned and leased bv all such corporations, 197,946; their value, $21,868,815; buildings, machinery, and other structures owned by all corporations, $19,826,484; leased, $525,770; total of buildings, machinery, and other structure owned and leased by such corporations, $20,352,254; grand total, $42,219,069. Grand total of partnerships and corporations of all nationalities, 477; number of acres owned, 537,193; value, $36,583,215; number of acres leased, 229,203; value, $21,249,222; grand total of the number of acres owned and leased by all THE CIVIL GOVERNMENT OF PORTO RICO. 4 45 partnerships and corporations, 763,396; value, $57,832,437; grand total buildings, machinery, and other structure owned by all corporations, $25,661,780; leased, $1,046,343; grand total buildings, machinery, and other structures owned and leased by all corporations, $26,708,123; grand total, $84,540,560. The fact that this law on land control has not been enforced has contributed largely to the present deplorable condition of the people of, Porto Rico. This combined system of land and commercial monopoly automatically takes away the legitimate profits from the workers and the farmers. The difficulty, then, with large holders of agricultural lands-a high official stated in his confidential report to the President-arises not from the size of the holdings but from the disposition of corporations and large absentee owners holding lands in the Tropics to loot the property annually; that is, instead of studying the situation with a view of developing a property for all the time, with tenants and laborers living under real living conditions and with a fair share of contentment, the disposition is to secure for each year the maximum return on the money invested. It is for this reason that suitable land for food crops. will not be made available for that purpose normally, and it is also for this reason that the labor troubles are almost continuous where this condition prevails. The census of the United States for 1920 has stated that in 1910 Porto Rico had 59,000 of small-farm owners, while in the last 10 years that number has been reduced by 17,000, leaving 42,000 farm owners at present according to census of 1920. This is another proof of the control and monopolization of land, largely to the benefit of nonresident corporations as. well as large absentee owners. Therefore we want to suggest that between sections 39 and 40 of our organic act, approved March 2, 1917, be inserted a new section to read as follows: SEC. 39 (a). That the Legislature of Porto Rico is hereby empowered to enforce the provisions of the joint resolution approved May first nineteen hundred w th respect to the buying, selling or holding of real estate, and is also empowered to raise the limit of the five hundred acres provided in the said joint resolution, and to impose additional and progressive taxes on all property owned or controlled in excess of five hundred acres by corporations partnerships, associations and individuals and to provide for the forfeiture of all lands owned or controlled by corporations in violation of the prohibition established in the aforesaid joint resolution, after giving a term " of no less than one year to the owners for the disposal of their property so owned and controlled": Provided further, That the term "corporation" used in the said joint resolution shall be construed to include all artificial persons whose capital stock is represented in shares transferable by indorsement of the shareholder: Provided further, That the legislature shall have power to tax the property and income of nonresidents double than the property and income of residents. When the Congress of the United States passed the Federal income tax law some forces in the United States succeeded in having representations made before this body which resulted in its striking out the word "Porto Rico" under a plea of "self-government" from the provisions of the Federal income tax law, thus giving our legislature the power to make its own law. Porto Rico has lost, as a result of this self-government piece of legislation, approximately $9,500,000 during the last five years which might have been expended for public education, sanitation and public works. Therefore, we want to suggest that the principles of the Federal income tax law be put in force in the island of Porto Rico; that a clause be inserted in our organic law statingThat the rule of taxation in Porto Rico shall be uniform, but this provision shall not interfere with the power of the legislature to tax the real property and 46 * THE CIVIL GOVERNMENT OF PORTO RICO. incomes of the nonresidents of the island in excess of the property and income of the residents neither prevent the passage of any law establishing additional taxes on the property held by any artificial person in excess of the 500-acre' limitation. Of course, the idea that we have in mind to redeem and reconstruct once forever the standard of living conditions and the education, sanitation, credit, and industrial development to a level comparable to that of the United States is by a suggestion of the following clause embodied in our organic law: That there is hereby appropriated, out of any moneys in the Treasury of the Unites States not otherwise appropriated, the sum of $50,000,000, $5,000,000 each year from July 1, 1925, to July '1, 1935, to be loaned to the government of Porto Rico for the use and benefit of the people of Porto Rico under the supervision and inspection.'f the Treasurer of the United States. Said loan of money shall be refunded by the people of Porto Rico beginning June, 1940, at the rate of $500,000 a.year until the total sum is paid to the Treasury of the'United States. The government of.Porto Rico shall use this sum for (a) the fullest extension and support of,the common and vocational schools within the said island of Porto Rico, especially in the rural districts; (b) the permanent public health and sanitation; (c) the women and children's welfare; (d) the permanent public works and physical and industrial development within the island; (e) the cancellation at any time of all public 'debts of the people 'of Porto Rico: Provided, That the sum of $50,000,000 hereby loaned shall be used only as hereby stated for the welfare and benefit of the people of Porto Rico, for purposes of education, public health and sanitation, women and children's welfare, permanent public works, and physical and industrial development within the island, and the cancellation as speedily as possible and at any time of the public debts of the people of Porto Rico. This great project would elevate, foster, and promote the standard and living conditions of all the people of Porto Rico to a similar standing to any of the communities of the mainland. The island should no longer be utilized merely or primarily as a means of providing opportunities for investment and commercial exploitation by absentee landlords and other citizens. The policy of educating the people should not be held up further on account of its expense and alleged uselessness, and the standards of living of the people and the conditions of 'Porto Rican agricultural and industrial laboring class miust be'improved against the desires and maneuvers of invisible powers. The program which the American people must carry out in order to live up to -the theory under which the Island of Port Rico was acquired and to improve the conditions of the laboring and other population of the island, is necbssarily an extensive one, but it must be carried out in order to give- the Porto Rican people a fair opportunity, and these Federal laws will help that program. Last official reports show that Porto Rico's importations and exportations in the year 1901, reached approximately $17,502,103, while during the fiscal year of 1923 they were $154,237,555~ showing evidently that the island has increased its business every year. The official statistics demonstrated that in the last 22 years there were $945,606,949 for imports and $1,170,567,445 for exports giving a "superavit" in the said 22 years'of over $228,341,191, the difference between exportation and impdrtatibn showing such balance which is supposed to be in favor of the people of the island. By virtue of our coastwise trade the people of Porto Rico are obliged to consume the domestic articles of the United' States, whoset'oast is THE CIVIL GOVERNMENT OF PORTO RICO. 47 increased by tariffs and the superior status of the standards of living conditions and wages of the nation, thus making commercialism for the poor masses in the island a means of exploitation more intolerable than that of any other community in the United States. The official report of General McIntyre, Chief of the Bureau of Insular Affairs, to the Secretary of War for 1921, in reference to Porto Rico, has this to say: The evidence on every hand of prosperity and progress in Porto Rico and the prosperity and progress shown by the commercial statistics and by the increased revenues by the Government may easily mislead one into the belief that progress in all directions has been satisfactory. This is not the case. It has been impossible to distribute this progress in Porto Rico in such a way that the very large extremely poor element in Porto Rico could participate fairly in it. These people because of their relative helplessness must for some years receive special governmental consideration. The budget of the island under Spanish Government totaled approximately 3,000,000 "pesos," while in the fiscal year 1923 it reached $12,000,000, of which over $4,000,000,are expended for educational purposes. Education in Porto Rico is now free, English -and:Spanish being taught "gratis" in all the grades. N2ow, to show the status of taxation of the-island of Porto Rico as compared with that of continental United States, I am giving these few figures. The greater burden of municipal indebtedness in normal times as is exhibited by-the per capita debt in about 300 cities of the United States, was $77.86, and for the Federal Government was $10.95 per capita, while in the island of Porto Rico in 1922 the per capita debt was only $16.92. The governmental cost payments for the year in normal times as reported in the United States for the Federal Government was $10.52, and $34.53 per capita for city governments, while the general expenses for the insular government and the cities of Port Rico altogether cost each citizen $9.70. The average per capita of general property taxes levied for all urposes in about 300 cities of the United States was $27.82. Many cities, however, pay a general property per capita tax of 34.05 per cent greater than the other cities. This tax does not include income tax and customhouse and internal revenue, while in Porto Rico the per capita of general property, personal taxes, income tax, customhouse revenue, for all purposes was only $9.70 per capita for the municipal and insular government-cost payments. In fact, while the average of the taxes in the United States are about 4 per cent of the property taxation, in Porto Rico our average is 1.65 per cent, and the income tax collected has been always about 45 per cent less than in the United States. Despite the great progress reached in the last 25 years, Porto Rico still has over 200,000 girls and boys between the ages of 5 and 18 who do not attend school, so illiteracy unfortunately still reaches a high mark. Considering this problem of education in Porto Rico, would you consider that the island now has sufficient wealth, created by labor, to place all its children in the schools? Maybe we have produced enough wealth in the island, but unfortunately Porto Rico has been deprived of its wealth through the system of nonresident landlords and shareholders. 91244-24 —4 48 THE CIVIL GOVERNMENT OF PORTO RICO. Percentage of illiteracy in population 10 years of age and over. Percentage, all classes. Age period. 1920 1910 1899 10 years and over ---------------- -------- 59.1 66. 5 79. 6 10 to 14 years -- - ----, --- —- ----------- --- --- -, - 34.6 49.2 82.1 15 to 19 years- --- - ------------------------------------ 40.6 59.0 77. 9 20 to 24 years ----------------------------- 53.6 66. 7 75. 3 25 to 34 years ------- ----------------------------------- 67. 7 71. 5 78. 3 36 to 44 years- ----------------------- --------- -- 75. 9 73.6 79.8 45 to 54 years --- — -- ---- ------ ----- --------------------- 78. 0 77. 65 82. 6 55 to 64 years- ---- 80. 4 80. 3 84. 0 65 years and over- --- -- ------------------- ------------ 83. 8 82.4 84.0 Governor Towner read the most splendid message to our insular legislature. It was an inspiration, and I am glad to state that the workers feel deeply concerned with the various matters involved in such message, economically, industrially, or politically, which in many ways is perfectly in accord with the declarations, suggestions, and worthy recommendations of the American Federation of Labor, and with which we fully and heartily adhere to such program as outlined by Governor Towner in his message and to such remedies as recommended to ameliorate prevailing social and economic conditions to bring about dignification an recognition of labor, and to prevent industrial strife through the proper means of discussion, mediation, and conciliation, which is most essential for the progress and prosperity of the people. The condition of labor on the island should be of first consideration. Everything that legislation can accomplish should be done to reduce unemployment; the wage scale should be increased as rapidly as can be done, and so far as possible a minimum wage should be established; encouragement in securing homes for families and both a general and industrial education for the children of working men should be given; sanitary appliances and improved working conditions should be provided. Strikes should be prevented by providing satisfactory means for the peaceful settlement of all disputes between the employer and the employed. Under existing law which we can not change the legislature has no power to fix wage in private contracts. But on all government and municipal contracts of labor it is within the power of the legislature to fix a minimum wage, and this I strongly urge should be done. Bills are now pending carrying out this 'idea. With the large amount of Government work to be carried on during the next year there should be few, if any, unemployed, and with steady work at fair wages there should be a considerable improvement in general working conditions. Nothing in the work of this administration will have greater attention or be more within the desire and purpose of your governor than to lessen the burdens, to increase the happiness, and to elevate and dignify the laboring men of Porto Rico. First, and most important of all, the public men of the island, regardless of party affiliation, should unite in the effort to secure favorable consideration by the administration and by Congress. A divided sentiment, or a half-hearted support by our people, will not create a favorable impression. We have many friends both in the Senate and House who will aid us, and with a persistent, determined, and united effort a large measure of success would be assured. I am not authorized to speak for Congress or for the administration, but I do not hesitate to express my own belief and desire that eventually Porto Rico should become a State of the Union. I am in favor, also, of a constantly increasing measure of self-government until statehood is obtained. Whatever extension of self-government will best conduce to the welfare of Porto Rico, and will not by its grant or in its exercise unduly delay the admission of Porto Rico as a State, I am ready to advocate and support. THE CIVIL GOVERNMENT OF PORTO RICO. 49 It is not necessary longer to argue to Porto.Ricans the value from every possible standpoint of their association with the United States. That value is demonstrated by even the every-day transactions of life. He is blind, indeed,. who does not see that the destiny of Porto Rico is unbreakably linked with that of the United States. In view of these facts, it is an entirely consistent and Justifiable ambition that Porto Rico should ultimately be admitted as a State of the Union. It is also consistent and praiseworthy that in the meantime Porto Rico should ask for a larger measure of self-government. It should be recognized that to secure either statehood or preliminary extention of self-government there must be unity of purpose and action. Diversity of demand will weaken the cause. No State has ever been admitted unless the people were practically unanimous in asking for it. It is probably true that we shall not succeed if we ask for immediate statehood. Some preliminary status should be agreed upon and pressed. But mere appeals and expressions of desire will not be sufficient. In order to obtain any of these concessions we shall best serve our purpose by uniting to bring existing conditions in Porto Rico up to the best possible standard. In the legislation which we pass, in the prosperity which we induce, in the security of life and property which we insure, in the execution of our laws, and in the administration of justice, in wiping out illiteracy and in the education of the people, in the aid we give the sick and afflicted, in the steps we take to elevate labor and lessen the burden of poverty, in all that makes for a clean and efficient administration of government-these are the things that will be most effective in convincing a just and generous Nation of the reasonableness of our claim for a larger measure of autonomy and for a place among the brotherhood of States. In fact, the time when statehood can be obtained, or a larger measure of selfgovernment secured, will depend almost entirely on the people of Porto Rico. If they shall show by their desire for and their support of good government, by their readiness to sacrifice to the utmost for the education of the people, by their careful and scrupulous regard for their credit, if care for the unfortunate is shown, if consideration of the poor is given, if labor is dignified and elevated and the general standards of living alvanced, if even reasonable advances along these lines shall be made, the public opinion of the United States will demand that Porto Rico be given what it asks. Nothing that you may have in mind regarding the final status of Porto Rico, whose people are all Americans and loyal citizens, is so important as the first need, that is to give means, power, and opportunities to elevate the standards of education and living conditions of that people and in the same way as the people in the fnited States and especially the working men and working women are doing. It is true that the conditions of the toilers of Porto Rico have improved somewhat, relatively speaking, though not in proportion to the vast wealth that these same toilers have produced, and much less in comparison with the great fortunes amassed by the monopolists of finance, commerce, and industry. Many labor laws of Porto Rico are a ready serving the purpose of protecting the labor masses when they are properly enforced. We need not point out the great value of the labor unions as an Americanizing influence in the Island of Porto Rico. In conclusion, I desire again to request the members of the committee as a whole to recommend favorably to the Senate and the House of the extension of the Federal laws that are embodied in H. R. 6294, so that they be made applicable to Porto Rico, thus giving assistance which is badly needed by the people of the island, and the S. 2448 to amend the organic act of Porto Rico inclosing the clauses and suggestions favored and recommended in this statement. We are in favor also of granting woman suffrage, therefore we ask SEC. 7. That section 35 of the organic act is hereby amended to read as follows: "That thereafter voters shall have the following qualifications: Citizens of Porto Rico and of the United States, male or females, 21 years of age or over. The legislature may prescribe additional qualifications, butano property quali 50 THE CIVIL GOVERNMENT OF PORTO RICO. fication shall ever be imposed or required from the electors and no discrimination shall be made on account of race, color, sex, or religious or political opinions or affiliations." The CHAIRMAN. Governor Towner, can you finish this morning, o'r will you desire more time? Governor TOWNER. On this bill, we desire to finish the hearing, Mr. Chariman, if you would run over a little time, I think we could do so. You have been gracious indeed, and we want to act in accord-:ance with your desires in the matter. On some of these bills we will have to ask for a hearing upon them at some other time, which perhaps we can arrange later. Senator KING. I would like to make a suggestion that these gentlemen have been here for a long time at great expense, and if you could, some day this week, take up the other bills, and give them a chance to be heard, I think it would be well. The CIAIRMAN. I think we can do that. I must be on the floor of the Senate in a few minutes when it meets, but I think before the end of the week we can arrange another hearing, at which time you can finish your statements on this bill, and we will hear you on the other bills, and at which time we will clean the whole thing up. Governor TowNER. I would appreciate that very much. (Whereupon the committee adjourned, subject to the call of the chairman.) S THE CIVIL GOVERNMENT OF PORTO RICO. MONDAY, FEBRUARY 25, 1924. UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS, Washington, D. C. The Committee on Territories and Insular Possessions met at 10.30 o'clock a. m., Senator Frank B. Willis presiding. Present: Senators Willis (chairman) and Robinson. The CHAIRMAN. The committee will come to order. The committee is anxious to conclude, if possible, the hearings on the Porto Rican bills.. Governor Towner, have you any further statement to make at this time? Governor TOWNER. Mr. Chairman, on Senate bill 2448, which we discussed and considered before, Senator Santiago Iglesias, who is a senator in the legislature, and who is a leader of the Socialist Party in' the island, was not here, and I will ask you to hear him this morning briefly on this bill which provides, as.you remember, for the election of a governor of Porto Rico. The CHAIRMAN. We will be very glad to hear from Senator Iglesias. STATEMENT OF HON. SANTIAGO INGLESIAS, SENATOR, PORTO RICO. Mr. IGLESIAS. Mr. Chairman, I merely wish to say a few words on behalf of the men I represent, the Free Federation of Workingmen of Porto Rico, affiliated with the American Federation of Labor, and, at the same time, say a few words on behalf of the party I represent, the Socialist Party, which is in favor of Senate bill 2448. We believe that the granting by Congress to the people of Porto Rico of the power to elect our governor will settle forever many of the deplorable controversies that are going on all the time in the island, and we feel that the aspirations of a great majority of the people of Porto Rico will have been met if this be done. The item in this bill that interests us most is that clause providing for the creation of a department of labor. Such a department will prove the best instrumentality of protecting, fostering, and promoting better conditions for the workingman of the island. Our island is composed chiefly of workers employed in agricultural and industrial fields. Ninety-five per cent of the population are workers, and consequently this department of labor will become the most important department of our government with respect to the industrial situl tion of the island and for it will ultimately have more to do with bettering the conditions of the working people than any other agency of the government. 51 52 THE CIVIL GOVERNMENT OF PORTO RICO. Governor Towner, in his reports to the legislature, has very wisely pointed to the gloomy conditions that prevail in many sections of the industrial field, and I think it is very important that his views on this subject be presented to the committee. Governor Towner said in his report in 1923 that no one who has carefully observed and considered the labor situation in Porto Rico can feel satisfied with existing conditions. While they are certainly far better than they were in the past, they are still far from satisfactory. The wage scale is far below that in any of the States, and is so low as not to allow the wage earner with a family sufficient income to live in comfort and educate his children. The greater number of workingmen are farm laborers and tenants, and there the wages are lowest. Workmen on the tobacco plantations receive from 40 cents as a minimum to $1.50 as a maximum wage per day. On the coffee plantations the range is from 25 cents to $1.50. On the sugar plantations the daily wage scale runs from 50 cents to $2. In the towns the wages are better but, of course, the cost of living is higher. Mechanics receive from $2 to $6.66 per day; day laborers from 50 cents to $3. In the tobacco factories the wages range from 50 cents to $4 for men, while women receive from 50 cents to $2. On construction work, masters receive from $2 to $6; carpenters, $1.25 to $4.15; bricklayers, $1.50 to $5; painters, $1 to $5; and helpers, from 50 cents to $2. The real situation can be understood when it is realized that the great mass of laboring men receive the lowest wages, while very few receive the maximum. Even at these wages unemployment is a constant condition. There is never work for every man who wants and needs work. The sugar workers have less than six months' work during the year, and the coffee workers a still shorter season. It is rare to find a workman who can say he has a steady job the year around. The island is densely populated is indeed overcrowded. It has comparatively few industrial enterprises. Two-thirds of the population are on the farms. Under these conditions, the problem of finding work for all and of maintaining an adequate wage scale is most difficult. Notwithstanding these discouraging features, commendable progress is being made. Governor Towner says: In the country diversified farming, rotation of crops, the encouragement of better methods, improved stock, small farms with intensive cultivation, truck gardening, and especially fruit raising will furnish employment for an increasing number of farm laborers. Already the efforts of the department are slowly introducing better methods of farming, which necessarily require a larger employment of labor. The growing appreciation of Porto Rican products, especially fruit products, is inducing larger plantings an a larger labor demand. Porto Rico already has a very commendable body of labor legislation. Th9 bureau of labor is well supported and is active in the interests of the laboring men. Inspection and investigation is vigilant and constant. Provision is made for bureau prosecution of claims for wages where refusal to pay or dispute as to the amount is found. Hundreds of claims of this character are thus settled without expense to the claimant and litigation in most cases is avoided. THE CIVIL GOVERNMENT OF PORTO RICO. 58 A law has been passed establishing minimum wages for working women. A law also exists regulating the employment of women and children the enforcement of which has been strengthened by recent legislation. A recent law creates a general employment agency and labor exchange, which has for its purpose the reduction of unemployment. Laws also exist for the protection and for sanitary appliances for working men and women in factories. A scaffold law is also on the statute books. Several labor organizations exist in the island, many of them local and cooperative associations. Governor Towner reports: A federation, called the Porto Ricaen Federation of Labor, has branches in San Juan, Bayamon, and Caguas. The largest, which has branches all over the island and which is affiliated with the American Federation of Labor, is designated the Free Federation of Workingmen of Porto Rico. Strikes have been frequent in late years and have in some instances been prolonged and serious. In July, 1922, at the beginning of the fiscal year under review, a strike was ordered by cigarmakers working for the Porto-Rican-American Tobacco Co., the largest corporation doing business of that kind and the largest employer of labor in the island. The strike was against a reduction of wages ordered by the company. Settlement was refused by the company; 1,116 workers went out, and shops closed down. The strike was ended by the strikers finally accepting the wage cut and returning to work. A serious strike occurred in January, 1923, among the oane workers of the island. Complaint had long been made by these workers because of the low wages paid them, most of them receiving from 60 to 80 cents per day. Efforts by the workers in the last months of the previous year to secure contracts for an increase in wages failed, and in January following about 1,500 of the workers went on strike. Through the efforts of the department of labor and the mediation and conciliation commission settlements were made with several centrals by an increase of wages. In others the strike was unsuccessful, the workers returning without the increase demanded. Governor Towner also says: Scenes of violence accompanied the strike, especially at Guayama and Salinas. A number of persons were injured and several killed. Many acres of cane were burned, and entailing a property loss estimated at $200,000. Every effort was made by the authorities, the insular police being especially efficient, to quell lawlessness, which was finally accomplished. A mediation and conciliation commission was created in 1919, but has not proved as useful as desired, because of want of power to enforce. action. The needed amendments to this law were made at the last session of the legislature. It is hoped that in the future it will be more effective in the prevention and settlement of strikes. The Workmen's Relief Commission has for its purpose the settlement and payment of losses to workmen occasioned by death, partial or permanent disability, and accidents. During the year 13,350 claims were filed, and 8,077 were settled. Nine hundred and thirty claims are pending settlement because of injunction suits filed in the courts. During the year $336,146 was paid laborers in settlement of their claims. Of this amount $233,000 was for indemnities, $75,000 for medical service. $6,000 for medicine, and $20,000 for hospital service; 10,250 employers are insured by this service, covering losses to over 200 000 employees. The balance on hand at the close of the year was $92,130. Contracts have been made with 59 physicians and 25 assistants to secure proper attendance to injured laborers protected by the law. I want to refer now to the sentiment prevailing in Porto Rico at the present time, and in that connection, to call your attention to an item which has appeared in the public press this'morning, bearing date San Juan, Porto Rico, February 24. This item says: The American editors and publishers who have been visiting Porto Rico, motored 40 miles this evening to Fajardo to board the destroyers to return them to the fleet, which will sail to-morrow on maneuvers. Admiral Coontz accompanied them and he expects the fleet will reach New York early in March. 54 THE, CIVIL' GOVERNMENT OF PORTO RICO. This is what I want to call your' special attention to: At a luncheon this afternoon Admiral Coontz and Frank B. Noyes, president of the Associated Press, spoke briefly. Mr. Noyes, simply as a private citizen, urged the people of the island not to gain the impression of congressional indifference if the cfforts of the Porto Rican Legislative Commission now in Washington were not immediately successful. "In Washington, the Capital of the Nation," he said, "we have been trying for 125 years to obtain the franchise, and are still without it." Porto Rican people, as you know, are very sentimental, and are very loyal; they are hopeful that Congress will do something for them at this time. Such an idea as Mr. Noyes presents to the people of Porto Rico is discouraging. They'do not understand the conditions over there as we people over here who have seen them dd. The CHAIRMAN. If you will pardon my interruption, Mr. Noyes, in making that statement, might also have called attention to the fact that even now the people of Porto Rico have suffrage and have had suffrage for a long time. Governor TowNER. They have had the right of suffrage since 1917, and even now have their own legislature. Senator IGLESIAS. Of course, it is true what the chairman of the committee has said, but the conditions in Porto Rico are distinctly different from what they are here. The people of Porto Rico are an organized political body of people who are very hopeful, and we want them to feel sure that this commission, together with Governor Towner, will have much success in its efforts to convince Congress of the needs of the island.. I would like to urge the committee, and to request it to give this measure, Senate bill 2248, its most favorable consideration, and to report it favorably to the Senate as soon as possible. I would like also to urge that the committee consider favorably and report to the Senate favorably as soon as possible Senate bill 2571, which provides for the extension of certain provisions of certain Federa laws to include Porto Rico. I am particularly anxious to see that the section of the bill numbered 3, dealing with the promotion of the welfare and hygiene of maternity and infancy, be reported on favorably as soon as possible. This is an important matter from the standpoint of our people, and in connection with this I would like permission of the chairman to read to you the following concerning infant mortality. The CHAIRMAN. We would be glad to have it in the record. Senator INGLESIAS. This is from a report prepared by Helen V. Bary on "Child welfare in the insular possessions of the United States," particularly dealing with Porto Rico. It says: INFANT MORTALITY. The infant mortality rate of Porto Rico is much higher than that of any of the States. In 1922, out of every 1,000 babies born on the island 162 died before reaching the. age of 1 year. No special study of infant mortality in Porto Rico has ever been made. The studies made in various sections of the States have all shown that poverty and ignorance are accompanied by a high infant death rate; so that the high rate in Porto Rico is to be expected, from the prevalence of illiteracy and poverty. To demonstrate this point the commissioner of health compiled separate figures for the poorest section of San Juan and for the districts where most of the people were able to provide fairly hygienic conditions. The infant death rate of the poorest section was found to be far higher than that of the other districts. THE CIVIL GOVERNMENT OF PORTO RICO. 55 The main causes of the high death rate among babies less than 1 year of age are enteritis, congenital debility, infantile tetanus, "rickets," and acute bronchitis, most of which are indicative of the lack of proper care and. food. The first month of life is always the most critical and shows by far the highest death rate. After this period.the death rate should decline rapidly. In the States the death rate for the second year is about one-fifth that for the first. year. The rate in Porto Rico shows no rapid improvement, being nearly twofifths as high the second year as the first vear. The largest numbers of deaths in the second year of life are ascribed to diarrhea and enteritis and to "rickets," indicating improper and inadequate food. In 1920 among children under 5 years of age in Porto Rico 13,051 deaths occurred, which makes an average of over 65 deaths to each 1,000 children under that age. The seriousness of the situation is indicated by the contrast between this rate of 65 and the corresponding rate of less than 27 for the United States death-registration area. Various factors in this high rate of mortality have repeatedly been pointed out by the insular health department. The island has not enough physicians to meet the demand for medical services, and still the people, as a whole, can not pay even for what services they receive. Traditionally confinement cases have been left tb midwives, and owing to the geheral shortage of medical service the physicians have taken over little of this work. Most of the midwives are illiterate and have had no training, and it has not been possible to enforce standards of midwifery. Expectant mothers are not given the necessary care and instruction. On account of these conditions the number of deaths of -mothers from conditions related to pregnancy and childbirth is very much higher than in the States. On account of the inability of mothers to nurse their children it is frequently necessary to feed the babies artificially at an early age. The mothers have little knowledge of proper methods of infant feeding, and milk is scarce, expensive, and frequently adulterated. In view of the difficulty of educating. the adult population, the insular health department has recommended the instruction of schoolgirls in the care of children and the hygiene of infancy. On the subject of the serious problem of milk the following is quoted from Dr. Jaime Bague, of the insular experiment station of the Porto Rico department of agriculture and labor. Milk is the foundation of children's.welfare. The whole building up of the health and vitality of man depends on the amount of milk that he may obtain in his childhood. This is particularly so in the tropical climates, where light foods are in order all the year around. The milk situation in Porto Rico deserves careful study, because the children of the island are not getting all the milk that they need for their proper development. Agricultural conditions affecting milk supply: To understand the present milk situation we must review, in a few lines, the agricultural status of the country. From time immemorial sugar cane, tobacco, and coffee have been the mainstay of our farms. Together with these crops, big livestock enterprises were scattered all over the island, and we were supplying all the milk and nearly all the butter and cheese that the inhabitants of the island were consuming. We used to export our surplus supply of animals, and we provided the Cuban market with plenty of steers for purposes of slaughter. With the advent of the American flag quite a change took place in the agricultural activities of Porto Rico. Promoters from Wall Street started to push the sugar interests of the country; factories were established; and, little by little, our pastures faded away to give place to the big sugar-cane plantations. Our livestock population has been reduced slowly and steadily. A study of the following statistics is illuminating: Actual increase in inhabitants and cane lands as compared with the decrease in livestock in Porto Rico. [From data furnished by the United States census.] Census year. Cane lands. | Pasture Cows and InhabiC~ensus year. Cane lns lands. heifers. tants. Acres. Acres. 1899 ------- -—. —. ------------- 21,503 450,834 104, 538 953, 243 1910 ---------------------------- 145, 433 15, 826 62,.298 1, 118, 012 1920 --------—. --- —------------ 227,815 20,409 61,804 1,299,809..7. 8.1. 5. _.. _ _ _ 56 THE CIVIL GOVERNMENT OF PORTO RICO. The above figures need no further comment. They speak for themselves., The decrease in livestock is in sharp contrast with the increase in population. If we consider that the city of San Juan has a population of 70,707 inhabitants and that only 15,000 liters (estimated) og milk come into the city daily, it is an outstanding fact that the per capita consumption of this food is very low. The report of the commissioner of health for 1918 makes this per capita consumption come as far down as 31 cubic centimeters. The lack of supply and the increase in the demand caused an increase in price from 4 cents per quart in 1875, to 25 cents in 1922, or an increase of 21 cents in 47 years. This increase in price is coupled with a heavy increase in the importation of condensed and evaporated milk, amounting to $504,330 in 1919. Handling and sanitation of milk.-It is impossible to study the present milk situation without taking into consideration the infant mortality reports. A perusal of the annual report (1917) of the commissioner of health, Dr. W. F. Lippitt, shows that the diseases of the digestive apparatus are responsible for the high rate of mortality among children. Doctor Lippitt lays particular stress on the fact that the "bad quality of the food supply" is the main cause of this alarming condition. Dr. A. Ruiz Soler, commissioner of health, in his report for 1918, corroborates Doctor Lippitt's statement and calls special attention to the scarcity of milk, the temptation to adulteration caused by this scarcity, and the necessity for cleanliness and sanitation in dairies and depots for the sale of milk. To meet the need for an adequate supply of good milk, we should adopt the following essential measures. (1) Systematic improvement, through careful breeding, of our livestock to raise our average daily production of 3 quarts per cow to 15 or 20 quarts. (2) Scientific feeding and care of the herds, emphasizing tick eradication, on which the department of agriculture of Porto Rico is at present working. (3) Scientific, sanitary methods of handling milk to avoid contamination. (4) Instruction of the people in the right use of milk and the many ways in which it may be prepared. (5) Encouraging every farmer to keep a few cows to balance the agriculture of the island, which now is strictly one-sided. PUBLIC MEDICAL SERVICE AND HOSPITALS. In the attempt to eradicate disease over 50 public hospitals, some mere shacks, have been established in the past 20 years, and medical service, free to the poor, has been instituted. Most of the medical work on the island is done as charity by the ill-paid municipal doctors. The working class does not and can not pay for medical services. Until 1922, excepting for the period 1914 to 1917, the municipal hospitals and services have been under the control of the separate municipalities, without central supervision. Of the difficulties and shortcomings of this work the commissioner of health says in his report for 1920: "The services rendered by the municipalities to the poor are: Medical asgistance, medicines to the sick poor, first-aid stations, help to the sick poor, and hospitals. "Medical assistance.-The work of the physician is difficult because, first, he lacks a list of the poor of the municipality so as to avoid that persons who are not indigent receive the services that are only for the needy; second, the lack of hospitals, which does not permit the gathering in one place of serious cases that require the constant care and frequent observation of the physicians; third, the poor conditions of the first-aid stations, not provided with the necessary equipment and materials, with the consequent lack of facilities to cure even the slightest wound without loss of time and without danger of infection; and fourth, the meager amounts appropriated for medicines oblige the physician to consider the cost of every prescription, so that the appropriation is not exhausted before the end of the year, so that the contractor does not deliver a smaller quantity than that prescribed or alters the formula, as it appears to occur frequently. These deficiencies are the reasons why the position of charity physician has excessive work and with dire results. Hospitals.-The hospital conditions in Porto Rico are deplorable. The buildings are not suitable for the ends for which they are used, nor are they fitted with the most essential equipment, sufficient material, nor are well attended. Everything in them shows poverty, filth, and carelessness. As a rule, such are the conditions of these charitable establisuments all over the island. THE CIVIL GOVERNMENT OF PORTO RICO. 57 First-aid stations.-In each town there is a first-aid station in general established in the dirtiest room of the city hall. These first-aid stations are not intended only to give attention to the healing of wounds and other emergency cases, but also to receive sick persons and to serve as a refuge for invalids. These establishments, as a rule, lack all conveniences, light, ventilation, cleanliness, means for the sterilization of the instruments used in the minor operations performed, antiseptic material, water, etc. Very few first-aid stations are properly installed and equipped and well attended. Administration of medicines.-The distribution of medicines to poor people in each municipality is effected either by a contractor or by the administration. By means of bids, the pharmacist engages to provide all the medicines prescribed by the doctor to the sick poor for the sum appropriated in the budget, except in some cases in which a limit of a certain number of prescriptions a day is fixed. The service in this form seems to be more economical for the municipality, but it has certain troubles. The medicines are prepared very hastily, with very little care, and as a rule are delivered in dirty receptacles uncovered. The appearance is such that sometimes the patient throws the medicine away instead of taking it. In regard to the quantity, the poor often go back to the doctor telling him they -have not received what he prescribed. Malaria patients return day after day to the doctor begging for medicines and are never cured, although quinine is prescribed in proper doses. For these reasons the poor have lost faith in the medicines provided them. When the supplying of medicines is done by the administration the local drug stores, if the municipality has not its own pharmacy, prepare the prescriptions authorized or approved by the mayor at the regular prices, but in this way the appropriation is soon exhausted. There is a widespread negligence for the sufferings of our people. Much of the population is born, grows up, and dies without having received any, or scarcely any, medical assistance. The country people of Porto Rico almost everywhere have no help from science in their hours of pain and danger from illness, the result being many premature deaths, unnecessary, completely avoidable. Good will is not wanting, the kindly feeling of the physician is of no avail. He, too, is a victim of the present state of things. He can not adequately attend to such a countless number of persons without adequate means nor those of surgery in such an environment as the homes of the poor can show without medicines. He receives a meager pay. A few excellent hospitals have been established in Porto Rico by.organizations in the States and have made notable contributions by improving the standards,of nursing. Among these are the Presbyterian Hospital at San Juan, St. Luke's (Episcopal) at Ponce, and the Congregationalist Hospital at Humacao. On the whole, nursing as a profession has received little recognition in Porto Rico. * Numbers of nursing sisters who had received training abroad have come to the island as members of the Servants of Mary and other Roman Catholic orders. These sisters have rendered intelligent and devoted service in their hospitals of limited capacity and also in doing bedside nursing among all classes of people. Porto Rico is mainlv Catholic, and the opportunities offered by the church to those who wish to devote their lives to nursing have attracted the more earnest class of applicants; but the work of the sisterhoods has not served to improve -the training and status of nurses in secular institutions. The requirements of.applicants for nurses' training have been low. In many cases nurses have entered training with no more than elementary education, a foundation on which it is not possible to give the technical training of high-grade hospitals. Some years ago the Municipal Hospital of San Juan had a well-organized training -school, and the influence of its work is still felt. Beginning with the year 1921-22, the advanced classes in home economics in the public schools have been given instruction in home hygiene and care of -the sick, and it is hoped and expected that this introduction to the subject of nursing may lead a better-educated group of young women to enter nurses' training. Pioneer work in public-health nursing was developed during children's year, under the Red Cross, and its extension will undoubtedly bring into public'health activities, the fine class of public-spirited women whose only avenue for service hitherto has been the schools. 58 THE CIVIL GOVERIMENT OF PORTO RICO. MANUFACTURES. Largely because of the absence of fuel, very little manufacturing has been developed in Porto Rico. What are classed as the main manufactures are the finishing processes in sugar, coffee, and tobacco. The sugar mills, which convert the cane into raw sugar for shipment, employ the largest number of persons. They are located in the center of the cane fields and their season corresponds with the period of the cane harvest. The sugar mills of the island employ a maximum of about 10,000 people in February and a minimum of about onefourth that number in July. Practically no women and no boys under 16 are employed in the sugar mills. The customary working day is 12 hours, the work b)eing a continuous process. The manufacture of cigars and cigarettes and the stripping of tobacco for export ranks second, employing nearly 10,000 persons in September and about 1,000 in March. This work consists of the sorting and preparation of tobacco leaves and the making of the cigars and cigarettes, all of which is handwork. Almost all of this work is done in a few large establishments in the cities. There still exist many small shops where a few workmen make cigars, but the tendency is toward standardized production in large units. In Vle past 10 years, although the value of the product has increased the number of workers has decreased, the proportion of women employed has increased, and the general length of the working dayv has been increased from 8 hours to 9. Practically all the coffee raised goes through a partial or complete process of cleaning, hulling, polishing, and grading to prepare it for the market. Formerly this work was done in small establishments, but the use of modern machinery has concentrated most of the work in a few large plants. Women workers have superseded men to a great extent, and the general working day has been reduced from 10 hours to 8. A maximum of about 2,000 persons are employed in December and practically none in August. The remaining industries of Porto Rico consist chiefly of the necessary bakeries to supply bread and similar food products, newspaper and other printing, and miscellaneous and scattered workshops. In addition to the recognized manufactures during the past few years a large number of women and girls have been engaged in the making of blouses, underwear, and handkerchiefs, and other handwork. This work is given out by contractors from the States through agents and subagents located in the towns and mountain villages. It consists mainly of hemstitching and plain sewing required in blouse making. The number of women employed is dependent upon the general demand formoderate priced handmade garments, and the demand fluctuates widely. A change in fashion stops one variety of work and may or may not create another variety. No accurate record of the number of workers is available, but estimates have ranged from 20,000 to 30,000. Earnings vary with the individual and the class of work; workers have reported earnings in some cases as low as 15 cents and in others as high as $1.50 a day. Most of these women and girls, apparently, receive about 40 or 50 cents for a full day's work. Hours are also indefinite, as this needlework is done at home at times when the women are not engaged in their housework and is subject to irregularity and interruptionFor a long time fine needlework has been taught by the Catholic sisters to a limited number of girls, and the various Protestant missions have also taken up this instruction. Recently the public schools have added such classes in an endeavor to raise the general standard of sewing and to teach an occupation by which girls can earn their living. The making of inexpensive embroidered underwear has not been developed as it has been in the Philippines. While comparable figures as to earnings are not available, it appears that the prices paid for work are higher in Porto Rico than in the Philippines. Porto Rico has the advantage of being fairly close to the New York market so that it is practicable there to give out work of a more changeable fashion. The teachers of needle work in the convents and missions have made a specialty of Spanish drawn work, but the market for elaborate work has not been well developed. Lace making also has been taught by the sisters, the missions and the schools; but no large amount has been made, as the work requires much skill, and the earnings are less than for other forms of fine handwork. The weaving of hats and baskets provides employment for a limited number of people in certain sections of the island where the raw materials are procurable. Some of the districts have introduced after-school classes in this type of work. The native industries, however, are unstandardized, and the markets are not. THE CIVIL GOVERNMENT OF PORTO RICO. 59 dependable. Up.to the present time these articles have been sold mainly to tourists as souvenirs and have not been produced as articles of commerce. An attempt was made to manufacture the finer types of baskets made in the Philippines, but the raw materials were not at hand and the importation and cultivation of the necessary plants involved more time and money than were available. WAGES. The wages of common field labor, which during the war rose as high as $2.50 a day, were reduced by 1919 to a level of 50 cents to $1 a day. From this point they rose in 1922 to $1 or $1.25. Wages in the cities have also been lowered from the war-time level, those for the skilled trades averaging in 1922 about $3 a day. These reductions were accompanied by numerous strikes, but the large amount of unemployment made it impossible to maintain better rates of wages. In 1919 a minimum-wage law was enacted by the legislature, fixing a minimum of $1 a day for women 18 years of age and over. The main purpose of the law was to meet the problem of the low wages paid in the manufacture of blouses and other handwork. The intent of the law has been evaded by the adoption of the home-work system, which renders it very difficult to determine the earnings of women in relation to hours. In general, work has been slack, and the tendency of wages has been to drop below the legal minimum. The bureau of labor has prosecuted offending employers and secured convictions and small fines in a large number of cases, but with its limited staff it has not been able to maintain the legal standard in the face of the generally lowered wage levels. POVERTY AND CHARITIES. Poverty is a condition far more general in Porto Rico than in the States. There are persons of wealth on the island, but they represent a very small minority. Only 1 person in 269 in Porto Rico paid an income tax for the fiscal year 1921-22, whereas 1 person in 29 in the States paid one for the calendar year 1921. Naturally, poverty does not entail the same hardships in the Tropics as in a northern climate, but the general state of poverty in Porto Rico renders difficult every effort for progress, Every crop failure or disaster threatens starvation, so narrow is the margin of resources. In 1898, a few months after the American occupation, a storm which destroyed the crops of the eastern end of the island made it necessary for the government to care for 250,000 persons. The earthquakes of 1918, while not severe in comparison with other earthquakes, caused damage, much of which the owners were unable to repair without government aid. The influenza epidemic closed the schools. A storm in the western end of the island in 1921 brought thousands to the verge of starvation. In 1922 a fire which destroyed a block of houses in San Juan left over 400 persons dependent for months upon the charity of the municipality, the Army, and the Red Cross. In everyday life the poverty of the mass of people is shown by the practices of selling food by the cent's worth, of cutting loaves of bread into penny pieces, and of pricing eggs individually rather than by the dozen. The northern visitor in Porto Rico is shocked at the institution of begging. The mendicants have their stations along the sidewalks or their regular routes through offices, restaurants, and residence districts. Saturday is "beggars' day." Shops and individuals put aside small funds of pennies, and the beggars make their rounds with businesslike regularity. The Latin spirit naturally tends to personal rather than organized charity, but begging has reached such proportions that its control has been repeatedly discussed —so far with little result —as the prohibition of begging could not be accomplished without fundamental economic and industrial changes. The public charities maintained by the insular government consist of the boys' charity school, with accommodations for 400 boys; the girls' charity school, with a capacity of 300; the hospital for the insane, which cares for 500; the leper colony, which shelters 33; and the asylum for the blind, accommodating 100. In 1921 the cost of operating these institutions was $346,358, or 27 cents per inhabitant of Porto Rico, and public funds appropriated for the care of tuberculosis patients amounted to about $100,000. Almost every group which meets for any purpose in Porto Rico takes upon itself some charitable work. Wherever a few people gather together some one usually brings up cases of persons in need of employment or other assistance. How much assistance and charity are given in this manner is beyond computa 60 THE CIVIL GOVERnMIENT OF PORTO RICO. tion. This informal handling of employment and aid has doubtless delayed the formal organization of such services. Also, the Catholic Church, to which most of the people on the island adhere, has taken upon itself much charitable work, and various orders of priests and sisters are working in many of the poorer districts. Missions have been established by several of the Protestant denominations which, in addition to the hospitals and classes in handwork referred to elsewhere, conduct kindergarten and other school classes, dispensaries and clinics and district visiting, and during the past year have added public-health work and recreation. The American Red Cross started organized family case work in San Juan in 1921, but has found it necessary to restrict relief work to the families under the supervision of its mothers' and infants' clinics. The Junior Red Cross, organized by the department of education in 1917,. has headquarters at the department, and school officials act as its executive board. In each district the supervisor of schools is chairman of the local chapter. The Junior Red Cross thus functions as an official part of the school system, utilizing the well-organized school machinery and concentrating under one head the nonacademic activities of the schools. Most of the membership dues are expended by the central board to promote activities supplementary to school work. In the past the "juniors" have administered charity to many persons in various sections. Much was accomplished in an individual way, but the Junior Red Cross activities have now been restricted to definite lines of constructive work, such as dental clinics, child-health centers, school gardens, and loan scholarships. A few years ago the school lunch-"comedor escolar"-was introduced, and so many children were found to be in acttual need of food that the movement has spread very widely. The Junior Red Cross, the Catholic Church, the Masons, and other organizations have helped purchase equipment, and the current expenses are met by public and private subscriptions. Motion-picture theaters often give benefit performances, and many other entertainments help to keep going this important aid to the schools. The zapato escolar-shoes for school children-referred to elsewhere is also of fundamental aid to the schools. Both of these charities for school children have been organized and are administered with the assistance of the teachers in a well-systematized manner. The food and shoes are given to a child only in accordance with the teacher's report on the condition and needs of the family. As so much of all community progress in Porto Rico is effected through the school system, the organization of charity may well come about as an outgrowth of these organized school charities. Undoubtedly the money and effort now expended on general charity do not bring the utmost results. Better system and organization are necessary, but methods which have been found successful in the States will not necessarily prove applicable unless modified with understanding of the different conditions of Porto Rico, and particularly with appreciation of the existing great resources of kindness and personal miniistration. Mortality statistics, 1920, of the United States Bureau of the Census, at page 112, show the ratio of deaths for puperal causes to total births and to total population, as follows: For 1,000 births, Porto Rico 9.1; the United States birth registration area 8; for 100,000 population, Porto Rico, 35.6; the United States birth registration area, 19.2. As I say, I urge an early and favorable report of these measures to Congress. I thank the committee for its courtesy in hearing me at this time. STATEMENT OF HON. HORACE M. TOWNER, GOVERNOR OF PORTO RICO. Mr. TOWNER. Mr. Chairman and gentlemen of the committee, I want to call your attention to Senate bill 2572. This bill provides for the erection of certain small customhouses in the smaller ports of the island. The United States has in each port been collecting customs, sometimes to a very considerable extent; in one of these small towns last year's collections amounted to $88,000 in customs dues. THE CIVIL GOVERNMENT OF PORTO RICO. 61 The building of customhouses has been, deferred from time to time because of the fact that the customs dues were not large enough to warrant it, and because also of the fact that we needed customs dues so very much in Porto Rico, they being a considerable part of our revenue. The customs dues, however, this year have shown a considerable increase. They will amount to $1,300,000 during this fiscal year, and it is now time to do something; we can not longer delay the building of these customhouses, and inasmuch as the amounts necessary for the erection of the buildings will be taken from time to time from the collection of customs, no burden will be placed upon the United States Treasury. The provision of the law is that. all these amounts are to be paid from the duties' collected in Porto Rico, and authority is also granted to the Secretary of the Treasury to use the excess m any amount so specified not expended to any other item or items where the amount specified should be insufficient; all said amounts to be paid as needed out of duties collected in Porto Rico as an expense of collecting, under such rules and regulations as may be prescribed by the Secretary of the Treasury. That has been done before with regard to the rebuilding of some customhouses that were destroyed by an earthquake several years ago, so that I presume that unless there is some matter in the minds of the committee that the committee would like to have cleared up, that needs no further explanation. I would. say also that, this bill has been reported on favorably by the Committee of the House on Insular Affairs. Senator WILLIS. May I ask you if you happen to have with you a statement showing the revenues collected at these different points? Governor TOWNER. I have not that with me, Senator. A good many of them have fallen off very much because of the want of accommodations. Senator ROBINSON. What accommodations have you now? Governor TOWNER. In these stations? Senator ROBINSON. Yes. Governor TOWNER. At practically all of these points we hlave rented buildings, and these rented buildings are very inadequate. In a good many cases we have no warehouses at all. The proposal is to build an office building which will be a respectable building and which will be built of reinforced concrete, and then a larger building will be built, the sides of concrete and the top of corrugated iron, which will be used solely for the purposes of warehousing. Senator ROBINSON. Have you adequate accommodations rented.? Governor TOWNER. Not- now. Very high.rents are required tobe paid. Senator ROBINSON. What are the rents? Governor TOWNER. The rents that are now being paid amount in some instances to as high as $40 a month. The CHAIRMAN. You could not give us a statement of the total rentals paid? Governor TOWNER. No; I could not. Senator ROBINSON. In your opinion, would it be cheaper to construct and maintain these buildings than it would be to pay the rent now required? Governor TOWNER. Very much, Senator. The want of facilities in these smaller places drives the people who would naturally use 62 THE CIVIL GOVERNMENT OF PORTO RICO. these places for shipping purposes to make their shipments from San Juan and other larger ports. If we had adequate facilities at these points the imports would be so very much larger that the revenue would pay very quickly for the amount expended. Senator ROBINSON. The costs are fixed in this bill? Governor TOWNER. Yes. Senator ROBINSON. Do not they seem to be rather small? Governor TOWNER. Yes; that would appear to be the case. Senator ROBINSON. The bill specifies these amounts to be as follows: Arecibo, $30,000; Aguadilla, $25,000; Arroyo, $30,000; Fajardo, $40,000; Guanica, $30,000; for repairs to the customhouse at Ponce, $18,000; for repairs to the customhouse at Humacao, $4,000; and for repairs to the custom warehouse at Mayaguez, $8,000. Will these amounts be adequate, or will it be necessary to make additional appropriations later on? Governor TOWNER. I do not think it will be necessary to make other appropriations later on, Senator. If it should become ncessary too do that, the. appropriations could very easily be made. You see, thesefigures are estimates, and the office buildings will be small buildings. Senator ROBINSON. Rectangular in shape? Governor TOWNER. Yes. The amounts specified in the bill have all been figured out very carefully and the matter has been submitted to the Secretary of the Treasury and has been gone over very carefully by the collectors. The office buildings proposed are very good-looking buildings. The greater portion of the warehouses will be of reinforced concrete with rather low walls on the side, and with broad openings, so that the warehousing, which is one of the principal reasons for getting this legislation, can be taken care of in these sheds. Now, such buildings can be indefinitely extended and enlarged as the need arises, and those extensions and enlargements can be made from the current revenues. Senator ROBINSON. And, from time to time,, as additional space is needed, you can make the enlargements? Governor TowNER. Yes; and without any special authority from the Congress. The iHAIRAMAN. It is not quite clear to me what this means over here: "Authority is also granted the Secretary of the Treasury to use the excess in any amount so specified not expended to any other item or items where the amount specified should be insufficient." All these three bills were introduced by me at the request of the Government. What does this language mean? It appears on the second page of the bill. Governor TOWNER. It just simply means this: The rule is laid down by the Treasury Department that in original buildings of this character they can not use current revenue for erection purposes. Now, estimates have been made and these amounts have been deemed sufficient. Supposing, however, Arecibo should build its buildingand the bids have to be let on the regular terms of the Government, and according to the provisions of law requiring open bids, etc. —suppose it should develop that they could build for $28,500, and it developed in the opening of the bids for the construction of the warehouse at Aguadilla that the construction there would cost $27,500, then we THE CIVIL GOVERNMENT OF PORTO RICO. 63 could take the unexpended money from the Arecibo project and apply that to the cost of the Aguadilla project. The CHAIRMAN. I submit that the language is not quite clear: "Authority is also granted the Secretary of the Treasury to use the excess in any amount so specified not expended to any other item or items." You mean to say, "to use for any other item," or, in other words, to transfer an unexpended balance from one item to another item that requires additional funds? Perhaps if you change the language just in that respect it might be clearer. Governor TOWNER. There would be no objection to that. Anything that will make the language clear will be quite acceptable to us. The CHAIRMAN. That is your purpose, is it not? Governor TOWNER. Yes. The CHAIRMAN. All right; we will make a change that will clarify the language. Governor TOWNER. Now, let me go on to the other bill. Let me call your attention to Senate bill 2573. The purpose of that bill is to increase the salaries of various officers whose salaries are now fixed by the organic act, which requires the action of the Congress before salaries can be increased. The first increase proposed is an increase of the salary of the auditor from $5,000 to $7,000 per annum. The auditor, under this act, will still be appointed by the President, and will, and probably should be for some time to come, an American. It is very difficult to get, as you quite well know, an auditor of sufficient capacity, because he has all of the financial transactions of the Government in hand and he has a tremendous burden to carry. It is almost impossible to get such a man as we require at the salary he now receives under this act. Senator ROBINSON. Who is the auditor now? Governor TOWNER. Mr. Kessinger, who came from Kansas City. In view of the large expenditures that are about to be made from the Treasury, and in view of the increased amount of work and detail which this man or this office must care for, it is quite essential that we have a capable man there. Such a man is almost impossible to get, particularly if he is expected to bring his family down there to live. Senator ROBINSON. How long has Mr. Kessinger been there? Governor TOWNER. He has been there about two years. Senator ROBINSON. What is the age of the man? Governor TOWNER. About 50 or 55. Senator ROBINSON. What was he doing before he went there? Governor TOWNER. I think he was in the banking business in Kansas City. Senator ROBINSON. What salary did he receive in Kansas City? Governor TOWNER. I am sure I don't know, Senator. The CHAIRMAN. Do you think in case this present auditor should leave you would have difficulty in getting the kind of man you need for $5,000? Governor TOWNER. Yes; I do. Senator ROBINSO6N. Is he talking about leaving? Governor TOWNER. I do not think he is. Senator ROBINSON. Go ahead. 91244-24- 5 64 THE CIVIL GOVERNMENT OF PORTO RICO. The CHAIRMAN. This item just provides for the change of the salary of one man? Governor TOWNER. Yes. Now, the next item is the item of the increase in salary of the executive secretary. The executive secretary of the island is an important officer. fie now receives $4,000 a year. The salary is very inadequate and should at least be raised to $5,000. Senator RoBINSON. What are his functions? Governor TOWNER. I was just going to call your attention to them. He has the supervision of the correction and printing of all of the laws and the decisions of the supreme court and all matters of that kind. The CHAIRMAN. Does not the supreme court have a reporter of its own? Governor TOWNER. Yes; but the printing operations of the government are in the hands of the executive secretary and I think he has charge of practically all government printing. It is a very important position, and he has a large body of subordinates under him. The CHAIRMAN. I wonder whether the gentlemen accompanying you on this mission agree to the suggestions that you are making for increases in salaries? Governor TOWNER. Yes; let me say that all these increases in salary were unanimously recommended by the legislature. There is no objection to any of them. Representatives of all three parties are here asking for them. The increases have been provided for in the budget; the Legislature of Porto Rico made these appropriations subject to the approval of the Congress of the United States, so provision for the increases has already been made. Of course they are not operative and will not be unless Congress should approve them at this time. I was going to call your attention to the other duties of the secretary. He has charge of the issuance of passports, which is quite an important matter there, and the issuance of trade-marks, and registers all of the corporation matters, both foreign and domestic, and has charge of the filing of all documents. Iis office is the filing room for the government documents, and he is chief of the biggest department, really, of the government, which is the bureau of transportation and supplies and printing, and that is a very important matter, so that his office is really a larger one than is implied by the.amount of the salary he receives. Now, the next item is the increase in the salary of the governor. That I do not approve of. I did not know that that item was included in the bill or I should have protested against it. I ask you to strike it out. The CHAIRMAN. You do not want that? Governor TOWNER. No; I do not. It would embarrass me very greatly to have the matter considered by the Congress. I prefer to let these bills be considered entirely apart from any personal consideration that might arise. Now, the next item is a very important one and one in which I.am greatly interested. That provides for the increase of the salaries of the heads of executive departments. The CHAIRMAN. Who are those officials now and what is the name of the offices they occupy? THE CIVIL GOVERNMENT OF PORTO RICO. 65 Governor TOWNER. There is the attorney general and the treasurer of the island, the commissioner of education, the commissioner of the interior, the commissioner of health, the commissioner of agriculture and labor. The commissioner of agriculture and labor, if the bill now pending goes through, will be an office that will be divided, one portion of it being the department of agriculture and commerce and the other the labor department. They will be separate. That we have already discussed. That will also increase the departments, and the language here will apply to the new department which is created, as well as to those that now exist. Now, gentlemen, the cost of living in Porto Rico, especially in San Juan, is almost as great as it is in the city of Washington. It is practically impossible to maintain a family there upon $5,000 a year. The matter comes to me in a very effective way for this reason: My secretary of agriculture, for instance, left a position paying him $8,000 a year to accept his present position in my cabinet. He probably will not stay more than this year unless the salary of the office is raised. Another man who is one of our commissioners will receive at that time if he leaves a salary of $10,000 a year. Another one of the commissioners can make in his own private practice, if he should return to it, probably $15,000. Professional men make quite large amounts of money down there, and the heads of important companies, corporations, etc., receive salaries of from' $50,000 to $75,000 a year. These men that we have we can not hold, and we can not secure men to take their places of the caliber that we ought to secure, not because of the financial inducements but merely the salaries are not large enough to secure them against financial disaster and loss. We can not secure and keep them at a salary of $5,000 a year. It is impossible. For that reason I sincerely hope you will see your way clear to make the increase. The last item is an increase in the salaries of the supreme court justices from $6,500 to $9,000, that is for the chief justice, and an increase in the salaries of the associate justices from $5,500 to $8,000. That is a matter upon which you gentlemen will have ample knowledge and concerning which you can exercise intelligent judgment because you know how these matters range throughout the United States. Senator ROBINSON. How many associate justices are there? Governor TOWNER. Four. The supreme court consists of five members-one chief justice and four associates. The CHAIRMAN. Have you the total annual increase of salaries that would be made under this proposal? Governor TOWNER. In line 12 of the present bill, as it is now drawn, bill No. 2573, the present salary of the associate justices in the supreme court is set out to be $5,000; that is a typographical error; it should be $5,500. Taking that into consideration, the annual increase in salaries as provided for by this bill would be $29,500 if all the increases are granted. Senator ROBINSON. That includes the increase in the salary of the governor? Governor TOWNER. Yes; that includes that, the secretary informs me, but as I say, I do not wish the committee to consider that. The CHAIRMAN. The governor specifically requests that that be eliminated? 66 THE CIVIL GOVERNMENT OF PORTO RICO. Governor TOWNER. Yes, I do. Referring back for a moment to the question of the salaries of the justices of the supreme court. The leading lawyers out in Porto Rico make from $10,000 to $15,000 and some as high as $20,000 a year. We have now a supreme court that is very able and the members of which hold the absolute confidence of the people. But from a financial viewpoint they are greatly embarrassed. Some of them will be compelled, they tell me, to resign and leave the supreme court bench, although they greatly regret doing it, because they can not live on the salary. Senator ROBINSON. Are the associate justices natives or are they Americans? Governor TOWNER. There are two associate justices that are Americans and two that are Porto Ricans; the chief justice is a Porto Rican. They are all men of high character and high ability. The Porto Ricans are graduates of universities, and they are all very able men and hold the confidence of the people of the country. They are in high standing and are held in high regard by the members of the bar. The CHAIRMAN. Did you discuss Senate bill 2571? Governor TOWNER. I am just coming to that. That is the last one. This bill extends to Porto Rico the provisions of certain laws that are now applicable only to the States of the Union; laws dealing in the first instance with the construction of rural post roads, and extending the provisions of the Federal farm loan act to Porto Rico, laws which make applicable to Porto Rico the existing laws in the United States concerning the welfare and hygiene of maternity and infancy; laws concerning vocational education and the rehabilitation of persons disabled in industry or otherwise and providing for their return to civil employment. The CHAIRMAN. Let me call your attention to one thing, there, Governor. It will be remembered by Senator Robinson that we had, when a similar measure came. up regarding Hawaii, a measure calling for the authorization of an appropriation for Hawaii, we had in that act such an authorization. I note that there is no authorization for an appropriation in this act here. Governor TOWNER. No; we have carefully eliminated any reference to an appropriation. The CHAIRMAN. How do you propose to take care of it? Governor TOWNER. It is entirely unnecessary to have any appropriation connected with this measure unless, of course, you desire to make appropriation for the current year. The provisions of these various sections of this bill simply extend the provisions of the act already in existence in the United States to Porto Rico, so that Porto Rico will share as the States do in the distribution of the funds. The funds are not themselves increased. The CHAIRMAN. That is just what I am getting at. Understand, I am personally quite in favor of this extension and believe that Porto Rico should be treated as any other division of the United States, but if you do not have any authorization for an appropriation, then whatever goes to Porto Rico will go out of whatever has been planned for some other State. Senator ROBINSON. His idea is that this act will not become effective for the present fiscal year, but will become effective the next year, and Porto Rico will be taken into consideration when that appropriation is made. THE CIVIL GOVERNMENT OF PORTO RICO. 67 Governor TOWNER. That is entirely within the discretion of Congress. The diminution will be so small with regard to the other States that no one can really notice it. The CHAIRMAN. I thought of it only because the same matter came up in connection with a bill concerning Hawaii. It is well worth consideration. Governor TOWNER. Yes; I grant you that it is worthy of consideration. But we have thought we would not ask for any appropriation this year, because, when you come to consider it carefully, it involves quite a good many embarrassing questions, for after an assignment of funds has been made to a particular State that State expects to get the benefit of that provision. However, at no time have the 48 -States ever accepted the full quota allotted to them unless with regard to the roads. The CHAIRMAN. Does Senator Robinson state it accurately that your proposition is to get Porto Rico in the statute so that when the appropriation is made for the next fiscal year Porto Rico will be taken care of. Governor TOWNER. Yes; that is exactly the situation. Now, I want to call your attention to this provision with regard to the farm loan act. That is the second item in this bill. We already receive the benefits of the original act, and this only extends to us the benefits of the amended act. The CHAIRMAN. That is the intermediate credits act? Governor TOWNER. Yes. That has really already been done in the passage of the act, an amendment to that effect was accepted when the act was passed, but. the language of the act, just the insertion of the word "Porto Rico" somewhere in the bill is not sufficient to satisfy the Farm Loan Board that all of the provisions of the act should be made applicable to Porto Rico; therefore the board thinks that some specific statement should be made which will clarify the situation. This, really, is not any new legislation; it is merely corrective of the act, an effort to make the act clear. I think there can be no question about its desirability. The CHAIRMAN. The Federal Farm Loan Board approves that? Governor TOWNER. Yes. They not only approve it but they request it. I: had a conference with the board since I have been here, and they thought probably they already have the authority, but they would like to have it clear; they would like any question of their authority cleared up. I do not think it is necessary to go.into it further. With regard to the other items in this bill, I hardly think it necessary to go into the detail of those propositions unless there are some questions that occur to you. Let me say in a general way, gentlemen, that really all of these acts will help us very materially; some of us, not so much because of the amount of money we receive, but for the amount of good, real good, that will result from such action. For instance, take section 3-that extends the maternity and child welfare act to Porto Rico, and under the provisions of that act, while we would only receive a little more than $5,000, the real effect of that act would do an incalculable amount of good, for it will help us in a much greater way than any finances could help us. It will bring to us the assistance of the child-welfare department of the United States, 68 THE CIVIL GOVERNMENT OF PORTO RICO. and will give us the benefit of their special interest and their advice, and the extension of this provision will be considered by the people of the island as a source of gratitude to the people of the United States. Infant mortality there has been very large. It has been very materially reduced, but it is still large, and the betterment of conditions depends almost entirely on the degree of education that the people can receive with respect to caring for their infant children. The blindness that exists on the island is almost all of it occasioned by want of care, want of knowledge on the part of the mother, and lack of attention to the child during infancy. This matter has been very thoroughly covered in the report which Senator Iglesias read to the board. The comparison of the birth rate with the death rate has already been given you officially at this hearing. Senator ROBINSON. I suppose we have complete statistics on that? Governor TOWNER. Yes. It seems the island has more complete statistics than any other portion of the United States, because we have been very careful in making provisions for securing such information. I might say in connection with this child welfare legislation that on the island we have no question about this sort of thing being an interference. It is quite a tremendous undertaking, this effort to educate all the people. The people themselves are very anxious to get the assistance, and we have a great many charitable institutions down there that, with a little organization, with the help that this legislation would be able to give them, would be able to extend their activities and do a great deal more than they can now without that assistance. The people themselves would not, I assure you gentlemen, look upon ths as an interference, but would welcome it as real help, help which they truly desire. Senator ROBINSON. Does the legislature make appropriations out of local funds for child welfare? Governor TOWNER. Yes; and our health department is paying special attention to the matter, so I hope you will be able to see your way clear to extend these acts to Porto Rico. We need them all. I am glad that I can say that it will not entail any financial burden upon the General Government, any burden which is not now in existence. Still more, it will be a benefit both to the island and to the United States, for it will increase the feeling of cordiality, the feeling of obligation, the sense of citizenship, a love for that which is called Americanism; it will help in all these things and will develop finer and closer relations between the Porto Rican and the resident of the United States than now exists. I am going to ask you to hear briefly Senator Barcelo, who is the president of the senate, the leader of the majority party, and who will speak through an interpreter. STATEMENT OF HON. ANTONIO R. BARCELO, PRESIDENT OF THE PORTO RICAN SENATE. Mr. BARCELO. Mr. Chairman and gentlemen of the committee, I can hardly add anything to the words expressed by Governor Towner with regard to these bills, and certainly nothing could I add now to what I said the other day with regard to the bill providing for the THE CIVIL GOVERNMENT OF PORTO RICO. 69 election of our governor. The people of the island are anxiously waiting for your action on these matters. That which will only take you a couple of minutes to accomplish here will mean a lifetime of happiness to our people. With regard to the measure providing for an increase in the salaries of some of the officials of Porto Rico, I beg to say that the legislature in the last budget allowed these increases, subject to the approval of Congress. We need efficient men in our government. The development of the island has brought about a condition under which large corporations and private enterprises are always seeking the services of efficient men for private employment; they inevitably take from the government the best men we have because they can offer them better salaries than what the government can. Frequently we face the situation of having to dispense with our best men, and this brings lack of organization and disorder sometimes. As to the other bill extending to Porto Rico some Federal laws now in force in the United States, I trust you will approve that particular measure. Our island is not very large. We have 1,300,000 inhabitants on a territory of 3,600 square miles; a population five times as great as the population of Hawaii, while Hawaii is about twice as large as Porto Rico in territorial area. Almost 50 per cent of our entire budget expenditures are devoted to education, and the rest, among other things, to public works, roads, health, and police. We now have a budget of expenditures amounting to $12,000,000. Now and then we issue bonds to build public improvements of a permanent nature with. I think we are spending in these services as much if not more, respectively speaking, than your own States. Whatever aid you may be good enough to extend to Porto Rico will result not only in helping us to advance and progress, but it will reflect honor upon you and indicate that you are desirous to see Porto Ricans attain the highest degree of advancement possible. As to the other bill with reference to the erection of certain customhouses in Porto Rico, I beg to urge the approval of this bill. These are old buildings. Now, the money with which these buildings are to be erected does not come out of your own Treasury. This money is deducted from the customhouse dues that are covered into the treasury of Porto Rico; so you are not appropriating any money out of the Federal Treasury, but only authorizing our government there to go ahead and build these houses. We would of course be very thankful to you should you allow us to build these buildings with your own money, but all we ask is authority to go ahead with our own revenues. The CHAIRMAN. Are there any others that desire to be heard? We want to finish this hearing this morning. STATEMENT OF HON. MIGUEL GUERRA-MONDRAGON, SPEAKER OF THE HOUSE OF REPRESENTATIVES OF PORTO RICO. Mr. GUERRA —MONDRAGON. Mr. Chairman and gentlemen of the committee, I am very much interested in maintaining in Porto Rico the standard set by our great supreme court, which would be an honor to any country, as it is an honor to Porto Rico. The membership of this high tribunal is made up of men of unusual qualifications. 70 THE CIVIL GOVERNMENT OF PORTO RICO. The very nature of the work they are carrying on requires special qualifications. Porto Rico, since 1898, has been a sort of laboratory where the jurisprudence and the laws of two civilizations are blending. We have drifted from Spanish traditions in procedural laws only. Spanish laws now in force in Porto Rico are the civil code and others.,Our penal code, our code of criminal procedure, the code of civil procedure, our law of evidence, and that on extraordinary remedies we adopted from the States. We took as models such laws as prevail in California and Idaho. This situation naturally requires a supreme court conversant with the laws of two civilizations, and, therefore, its personnel must be thoroughly familiar with two languages-English and Spanish. Judging by the record of appeals to higher courts, the circuit court of appeals and the Supreme Court of the United States, if that is a standard of efficiency, you will notice that very few judgments of our supreme court have been reversed up here. The Supreme Court of Porto Rico commands the respect and admiration of both bench and bar. Its members have the confidence of the people. It is a very honorable and competent court. It will be very difficult to say that present salaries are a fair compensation for the services that are being performed by these men. They are entitled to this token of consideration on the part of Congress. As has been pointed out by Governor Towner, it is almost impossible for a man to support himself and family with proper decorum on the salaries that are now paid in Porto Rico. As to the heads of executive departments the same argument applies. To be brief, I will mention two particular instances. One is the commissioner of the interior: He is an American graduate, an engineer. This gentleman is very active devising and planning around, building works of a permanant nature. I think he does more for Porto Rico than 12 men put together. One of the things he has done is the development of water power to generate electricity to be sold to users. The 'original Government investment was $100,000 and this is yielding the Government some $100,000 annually. Ile has built a great part of the road system that Senator Robinson saw personally; this road system is being kept up by him. Right now he is building a large irrigation system in the northern part of the island. It will cost in the neighborhood of $3,000,000. Judging things in the island from a business standpoint, any man having the same responsibilities as this gentleman now has in any private corporation with the same duties devolving upon him would make a salary three or four times larger. There is another gentleman in the cabinet, a Cornell man, who is the head of the department of agriculture. He accepted this position at a much smaller salary than what he was getting as an expert in a very important sugar mill. The sugar mill paid him $8,000 a year. The members of our legislature know all these men; that is why they want their salaries increased. I may say that Governor Towner was very lucky in forming his cabinet. IHe was very fortunate, indeed. But we know that at any time we might lose all these men, or some of them, and, as you know, good government being nothing but good machinery, wheels within wheels, the moment a wheel is broken the whole machinery suffers. We want to keep THE CIVIL GOVERNMENT OF PORTO RICO. 71 these men. Therefore, at the last session of the legislature we increased their salaries subject to the approval of Congress. This legislation providing for the increase of all these salaries was passed with the unanimous approval of all parties. The other bills extending certain Federal laws to Porto Rico we urge them also. We are using our taxing power to develop our island as fast as we can. We are not complaining. Of course, all the things we have accomplished would not be what they are to-day if Congress had not legislated for us the way you have. We do not like to ask too much from Congress. We want to rely on our own ability to take care of ourselves, but it will bring closer relations and give to us a feeling that we are being treated like the others in this regard, if you resolve to pass this bill. That is all I can say, Mr. Chairman. Senator ROBINSON. What is the total length of the highways already constructed?. Speaker GUEmRRA-MONDRAGON. In 1900 we had some 300 kilometers of roads built. Now we have 1,600 kilometers. We just approved a bond issue, a large part of which will be devoted to building additional roads. We have a road man at every 3 kilometers, who keeps his stretch of road in good repair. Our highway organization is very much like a military organization. We have men who inspect the road men. We use tarvia on most of the improved highways. Governor TOWNER. Gentlemen, I would like to have you hear from Senator Jordan. The CHAIRMAN. Very well. STATEMENT OF HON. OCTAVIO JORDAN, MEMBER OF THE PORTO RICAN SENATE. Senator JORDAN. In regard to the bill under your consideration, No. 2572, I want to say that, while I indorse it, your attention, nevertheless, should be called to the fact that this money is to be taken out of our budget in one year to erect the various warehouses in Porto Rico. Senator ROBINSON. You would like to see the money taken out over a number of years? Senator JORDAN. I do not want to have it taken out in one year, because these construction items will total over $250,000, and we have to take that money from our revenues. Senator RoBINSON. You think it ought to be distributed over a number of years? Senator JORDAN. I think it should; in about four or five years. Governor TOWNER. It is arranged it will be taken out in the most convenient form. Senator JORDAN. It would be better if it could be taken out in four or five years. Senator ROBINSON. Are you prepared to suggest language that would make the necessary amendment? I suggest that you think it over and submit appropriate language to the chairman. Governor TO4WNER. May I make a suggestion? The CHAIRMAN. Yes. I would suggest that you prepare your amendment very carefully. Think that over and prepare an amendment with language that will cover the situation. 72 THE CIVIL GOVERNMENT OF PORTO RICO. Senator JORDAN. I think that is all I have to say with regard to Senate bill 2572. Now, in regard to Senate bill 2573, dealing with the increase of salaries of various officers. As has been stated here before, these increases have all been included in the budget at the last session of the legislature in Porto Rico but will not be made operative without the consent of Congress. The pre-war conditions made it possible for our cabinet officers to live under the salaries they now receive, but after the war conditions have become much the same as they are over here, and it is a terrible burden for men to get along on this salary of $5,000. It will be impossible to get good men for these places. I am a physician myself, and I must say that if I should be offered now the post of commissioner of health in the Porto Rican Cabinet I do not think I could accept it for $5,000, even though it is a great honor to be a member of the cabinet of Governor Towner. The governor has taken a very good stand in asking that the salary of the governor be not increased; I would have done the same thing; but I think the man we need in Porto Rico is a man who is a statesman and able to appreciate the responsibilities falling upon him and who has the ability to establish a closer relationship between the two countries. That man should be a high-grade man, and I do not think a salary of $12,000 a year is too much for him. I am in favor of allowing the increase in the governor's salary to remain in the bill. I think the increase for the governor should be considered just as favorably as the increase for the other members of the cabinet. Now, with regard to Senate bill 2571, I think the provisions of this bill would be very helpful to Porto Rico if they could be made effective. This is a very good thing for us, especially with regard to the maternity act. We have in Porto Rico a very heavy death rate, and child welfare is something that we need very much on the island. I practice in obstetrics, and I know just what the condition is. People on the island are not prepared to take care of children and have not the means of obtaining the necessary education as to how to care for them. If we had money enough to educate the people, I think this mortality rate would be considerably decreased. I think it would be a wonderful thing if this particular piece of legislation should be made available to us. The CHAIRMAN. Is there anything else that the commission wishes to say? Governor TOWNER. Only this, Mr. Chairman and gentlemen of the committee, I am very sure I voice the sentiments of the entire commission when I thank you most heartily for the patient hearing you have given us on these bills. We realize that you are at this time at what is probably one of the most important periods of your service, and all of you have been here at great personal sacrifice and we very greatly appreciate it and desire to extend to you our thanks for your generous hearing. The CHAIRMAN. On behalf of the committee, I want to express the gratitude of all the members of the committee for the excellent manner in which you have presented these various measures. The committee will now close its hearings and take these various bills under advisement and will report on them at an early date. (Whereupon, at 12 o'clock noon, the hearing was concluded.) THE CIVIL GOVERNMENT OF PORTO RICO. THURISDAY, MARCH 7, 1924. UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS, Washington, D. C. The committee met, pursuant to call of the acting chairman, at 10.30 o'clock a. m., Senator Frank B. Willis presiding. Present: Senators Willis (acting chairman), Reed, Harris, Walsh, and Bayard. Senator WILLIS. The committee will be in order. It is desired that we shall take up this morning several measures relative to Porto Rico. The Secretary of War and General McIntyre are here, and we want to hear from them touching these bills. We shall first take up Senate bill 2571, and we will hear General McIntyre at this point. (The committee thereupon proceeded to the consideration of the following bill, which is here printed in full, as follows:) [S. 2571, Sixty-eighth Congress, first session.] A BILL To extend the provisions of certain laws to Porto Rico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That beginning with the fiscal year ending June 30, 1925, Porto Rico shall be entitled to share in appropriations now, or which may hereafter become, available for apportionment under the act entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, and all other acts subsequent to its passage amending or supplementing said acts or amendments thereto; and said act and said subsequent acts shall be applicable to Porto Rico to the same extent, and in the same manner, and subject to the same conditions as such acts are now or may be made applicable to the States. SEC. 2. That all provisions of an act entitled "An act to provide additional credit facilities for the agricultural and livestock'industries of the United States; to amend the Federal farm loan act; to amend the Federal reserve act; and for other purposes," approved March 4, 1923, and all acts subsequent to its passage amending or supplementing said act or amendments thereto are hereby extended to Porto Rico, and said act and said subsequent acts shall be applicable to Porto Rico to the same extent, in the same manner, and subject to the same conditions as such acts are applicable to the States. SEC. 3. That all the provisions of an act entitled "An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes," approved November 23, 1921, are hereby extended to Porto Rico, and said act and any subsequent acts amending or supplementing such act shall be applicable to Porto Rico to the same extent, in the same manner, and subject to the same conditions as such acts are now applicable to the States. SEC. 4. That all the provisions of an act entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion 6f such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures," approved February 23, 1917, are hereby extended to Porto Rico, and said act 73 74 THE CIVIL GOVERNMENT OF PORTO RICO. and all subsequent acts amending or supplementing such act shall be applicable to Porto Rico to the same extent, in the same manner, and subject to the same conditions as such acts are or may be made applicable to the States. SEC. 5. That all the provisions of an act, entitled "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise, and their return to civil employment," approved June 2, 1920, are hereby extended to Porto Rico, and said act, and all subsequent acts amending or supplementing such act shall be applicable to Porto Rico to the same extent, in the same manner, and subject to the same conditions as such acts are now or may be made applicable to the States. STATEMENT OF MAJ. GEN. FRANK McINTYRE, CHIEF OF BUREAU OF INSULAR AFFAIRS, WAR DEPARTMENT. General MCINTYRE. This bill was prepared, as I understand, on the recommendation of the Governor of Porto Rico, with a view to having extended to Porto Rico the provisions of certain laws which called for the expenditure of Federal funds in conjunction with the funds of the government of Porto Rico, with the exception of that provision with reference to the farm loan law. The farm loan law extends at present to Porto Rico, and the object of this is simply to extend to Porto Rico one of the subsequent amendments of the act, which was not extended at the time. Senator WILLIS. What about the financial provisions that would necessarily be involved if this bill is enacted into law? Will you tell the committee about the revenues, as that is a matter most of us are not familiar with, and I think it would be good to have it in the record. Does the United States, as such, obtain any revenue from Porto Rico? General MCINTYRE. It does not. The revenue of Porto Rico anticipated for the current year is $12,000,000 in round numbers, and that revenue includes, in addition to the taxes ordinarily imposed by a State or Territory, the internal revenue tax imposed by the local legislature, which is enforced instead of the United States internal revenue act; the income tax law imposed by the local legislature, which is different from our income tax law in the United States; and it includes also the receipts from the customs dues collected in Porto Rico, after the payment of the expenses connected with the collection, and includes the United States internal revenue on the products of Porto,Rico, principally cigars, which are consumed in the United States, and which are collected here and returned to Porto Rico, or are collected in Porto Rico under our law. Senator BAYARD. Does it go into the Treasury account to be expended in the administration of the island? General MCINTYRE. It goes into the insular treasury. Senator BAYARD. Do you have the income tax collected there, too, sir? General MCINTYRE. Yes. Senator BAYARD. Is that turned into the Federal Treasury or is it turned in at all? General MCINTYRE. It is not turned in at all. That is done by the officials of the Porto Rican government, and goes directly into the Porto Rican treasury. Senator WILLIS. You have already covered one question I wanted to ask. Take the proceeds from the duties on goods that are im THE CIVIL GOVERNMENT OF PORTO RICO. 75 ported, for examrple, from France into Porto Rico. Are the duties that are collected from such imports gathered right into the Porto Rican treasury? General MCINTYRE. Less the cost of collection. That is done by the officials of the Treasury Department; that is, the customs service. Senator WILLIS. Just to get a comparison-because the committee has already acted on the bill touching Hawaii; does the same condition obtain in Hawaii? General McINTrRE. No; Hawaii being an incorporated Territory, the United States laws governing these several matters apply; the collections go into the Treasury of the United States. Senator WILLIS. Then there would not be quite the same reason for extending these laws to Porto Rico that there would be to Hawaii? General MCINTYRE. No. Senator WILLIS. Because Hawaii is paying taxes for all these purposes? General MCINTYRE. Yes. Senator WILLIS. Then, coming specifically to the point: Take, for example, section 3 of this bill. It provides that all the provisions of an " act for the promotion of the welfare and hygiene of maternity and infancy," and so on, "are hereby extended to Porto Rico." Whatever appropriation would be made from the Federal Treasury for that purpose, of course, would not come out of any money that had been collected from Porto Rico; in other words, it would be in the nature of a gift for Porto Rico. General MCINTYRE. Absolutely. Senator BAYARD. Is not that conditioned on the raising of a like amount by the Porto Ricans? General MCINTYRE. Yes. Senator WILLIS. It is different, you see, in Hawaii; they pay taxes. That same observation applies to all of these sections, of course, vocational education and vocational rehabilitation, and so on. I thought there was a provision in this bill about the road law-here it is. The road appropriation here would be in the nature of a gift to Porto Rico? General MCINTYRE. Yes, sir. Senator WILLIS. That is, of course, a matter of policy. Do you care to express an opinion upon that, General? General MCINTYRE. No; I would not care to go into that, Senator. In so far as we have any policy on the matter at all, it is that we should extend to Porto Rico every advantage which would be educational and improving in nature, and anything which they could not reasonably well do for themselves; for instance, if you regard this maternity law as being beneficial and something which they could not do so well, the very small amount which the United States would expend should not prevent us doing it; similarly with reference to the vocational training. Anything that was really improving and beneficial to the people of Port Rico we should do. SenatorKBAYARD. Has any handicap been found in putting through the program for the establishment of roads in Porto Rico by reason of the inability to raise sufficient funds to make fair progress? 76 THEE CIVIL GOVERNMENT OF PORTO RICO. General MCINTYRE. No; the roads that we started building under the military governmentSenator BAYARD (interposing). So you are really not in need of any aid on this schedule? General MCINTYRE. Their ability to carry that out is sufficient. Senator BAYARD. Without any aid of the kind contained in the first paragraph 2 General MCINTYRE. Yes, sir. Senator WILLIS. Have you made any estimate as to the amount of expense involved, especially in sections 2, 3, 4, asd 5? General MCINTYRE. The principal expenditure could be section 1; the others would be very small indeed. Ihave seen an estimate of the total of all of these, and it would be between $400,000 and $500,000 and those last three would be less than $100,000. Senator WILLIS. Is there any other question by a member of this committee on this bill? Senator BAYARD. I will ask the General concerning section 2, in reference to the Federal farm loan act. Has the application of that act to Porto Rico been beneficial? Are you handicapped by lack of sufficient banking facilities to carry that on, sir? General MCINTYRE. The reports indicate that the application of this to Porto Rico has been exceedingly beneficial, and that they are going on quite as well, and that the difficulties, if we may call them lifficulties, arise from the fact that a great many of the people want to borrow very small amounts. Senator BAYARD. Has there, so far as you know, been very much of a demand for the extension of the Federal farm loan act? General MCINTYRE. It is quite universal, and it was extended. The Resident Commissioner of Porto Rico introduced a bill which was enacted extending the act. This would have the effect of extending a subsequent amendment. Senator BAYARD. DO you happen to have any statistics tending to show roughly the gross amount expended and the acreage covered? General MCINTYRE. No; I have not. Senator WILLIS. You could furnish that information, could you not, General? General MCINTYRE. Yes. Senator BAYARD. Just the rough amount and showing the acreage covered. Senator WILLIS. I wish you would furnish that to the committee. General MCINTYRE. Yes, sir. The following estimates made by the Committee on Territories of the House in the case of Hawaii are practically those assumed by the Governor of Porto Rico: Section 1 --- —-------------------------------------- $365, 625 Section 2 --- —----------------------- Section 3 — --- ------------------------------------- 13, 000 Section 4 --- —---— _ --- —---- 30, 000 Section 5 --------------------------- 5, 000 Total ------------- 413, 625 The operation of the Federal land bank in Porto Rico is set forth in the following letter and inclosure: The acreage covered, I regret, is not at this timeavailable. THE CIVIL GOVERNMENT OF PORTO RICO. 77 THE FEDERALj LAND BANK OF BALTIMORE, Baltimore, Md., March 11, 1924. Mr. FRANK MCINTYRE, Chief of Bureau, War Department, Bureau of Insular Affairs, Washington, D. C. DEAR SIR: In compliance with your request of March 7, we are inclosing a -statement of the Porto Rico branch of the Federal Land Bank of Baltimore, as of February 13, 1924. This branch bank has approved loans to 1,615 farmers, amounting to $4,-.304,700. It has completed loans to 878 farmers amounting to $2,367,000. A few of the loans that were approved have been canceled, in all, 68, amounting to $101,200. The rest of them are in the process of being closed. The loans.are secured by first mortgage on farm lands, and are made direct to the farmer. It is not necessary in Porto Rico to form national farm loan associations as it is in the States. The rate of interest is 6 per cent, and the loan runs for 20 years. The amortization plan is such that the farmer pays his interest plus I per cent annually in semiannual payments, and in the 20 years has paid off the entire principle and interest. Each farmer who secures a loan, leaves 5 per cent of said loan as capital stock in the bank. At the time he pays off his.loan, he will receive in cash his capital stock at par value. The active management is under the direction of Ernest B. Thomas, manager, and'A. D. Boardmnan, assistant manager. The branch bank employes 10 clerks.and stenographers, and associated with the bank are Federal appriasers employed by the Farm Loan Board at Washington, who examine the land offered for security. I am not quite sure whether I am giving you what you desire for the report zand will be glad to furnish you with any other data we have available. Yours very truly, C. R. TITLOW, Secretary. Closed statement as of February 1S, 1924. ASSETS. Net Mortgage loans ---- - ---- --------- $2, 443, 388. 64 Accrued interest on mortgage loans (not matured) ------------- 47, 154. 42 Cash on hand and in banks -------- -------- 155, 002. 96 Installments matured -— 6, 180. 64 Profit and loss account (1-a) ------ --------— 12, 742. 00 Total- -------------------- 2, 664, 468. 66 LIABILITIES. Capital stock (borrowers through agents) ---- ----- - 123, 725. 00 Baltimore office account — _ --- -- ---- _ 2, 486, 182. 89 Accrued interest on Baltimore office account ---- ---— 44, 041. 11 Amortization installments paid in advance ---- ---- - 1, 404. 70 Items in suspense: Loan fees collected --- —-------------------- $42, 312. 50 Less loan expense --- —--------------------- 33, 197. 54 Difference in hand to complete loans -------- 9, 114. 96 Total.. --- —---------- - 2, 664, 468. 66 Senator WILLIS. And also furnish, as nearly as you can, a statement as to the detailed expenditures that would be involved under -each one of the sections. Will you do that please? General MCINTYRE. Yes. Senator WILLIS. Are there any other questions from any member -on this particular bill? Mr. Secretary, do you wish to say anything further? 78 THE CIVIL GOVERNMENT OF PORTO RICO. STATEMENT OF HON. JOHN W. WEEKS, SECRETARY OF WAR. Secretary WEEKS. I do not think so, except to say that I think the committee should keep distinct the legislation for Hawaii and for Porto Rico; they are under altogether different conditions. The Hawaiians pay nearly $6,000,000 into the National Treasury; the Porto Ricans pay nothing, and it has been a matter of real injustice to the people of the Hawaiian Islands that they did not obtain froin the Treasury their part of these funds which are expended in other parts of the United States. The Porto Ricans have an income of about $12,000,000, which is sufficient for their requirements up to this time. Senator WILLIS. Would you care to express any opinion on the matter of policy involved, particularly in sections 2, 3, 4, and 5, one covering the farm loan act, one maternity act, and so on? Secretary WEEKS. That is a matter that rests entirely with Congress; it is a gift pure and simple. Senator WILLIS. In that respect it is quite different from any appropriation that may be made for Hawaii, because Hawaii is paying taxes? Secretary WEEKS. Quite different. The Hawaiians are presumably getting back their own money or some part of it. just as the States are. Senator WILLIS. That bill will be laid aside, then, for consideration by the committee. The committee will now take up S. 2572. (The committee thereupon proceeded to the consideration of S. 2572, which is as follows:) [S. 2572, Sixty-eighth Congress, first session.] A BILL To purchase grounds, erect, and repair buildings for customhouses, offices, and warehouses in Porto Rico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to purchase or otherwise secure grounds where necessary in the municipalities of Aguadilla, Arecibo, Arroyo, Guanica, and Fajardo, in Porto Rico, and to build or rebuild thereon customhouses, offices, and warehouses, the grounds and buildings not to exceed in cost as follows: Arecibo, $30,000; Aguadilla, $25,000; Arroyo, $30,000; Fajardo, $40,000; Guanica, $30,000; for repairs to the customhouse at Ponce, $18,000; for repairs to the customhouse at Humacao, $4,000; and for repairs to the custom warehouse at Mayaguez, $8,000. Authority is also granted the Secretary of the Treasury to use the excess in any amount so specified not expended to any other item or items where the amount specified should be insufficient; all said amounts to be paid as needed out of duties collected in Porto Rico as an expense of collection, under such rules and regulations as may be prescribed by the Secretary of the Treasury. Senator WILLIS. General, we will be glad to hear your views on that bill. I will say I introduced all these bills on request. I think they were all handed me by Governor Towner. STATEMENT OF MAJ. GEN. FRANK McINTYRE, CHIEF OF BUREAU OF INSULAR AFFAIRS,.WAR DEPARTMENT. General MCINTYRE. The object of that bill is to enable the Treasury Department to expend from the funds now going into the Treasury of Porto Rico certain necessary amounts to put the customs buildings in fair condition. There have been careful examinations made by the representatives of the United States Treasury and by THE CIVIL GOVERNMENT OF PORTO RICO. 79 all officials who have visited Porto Rico. The necessity for this is apparent, and while it is using the funds which otherwise would go to the people of Porto Rico, the Governor and the several members of the Legislature who appeared here are all in favor of doing it. It is simply authorizing the people of Porto Rico to expend funds which would otherwise go into their treasury for these purposes. The expenditures will be under the United States Treasury Department. Senator WILLIS. And the department, so far as you are advised, has no objection to this? General MCINTYRE. None whatever; in fact, they favor it. It has been favored by everyone, and the bill has now been reported favorably by the iHouse committee, with a pretty fair statement of all the conditions involved. Senator WILLIS. Do you concur in that statement, Mr. Secretary? Secretary WEEKS. I do. Senator WILLIS. Does any other member desire to ask questions? [After a pause.] That will be laid aside, then. We will now take up Senate bill 2573, relative to the question of salaries. There already has been a hearing on this bill, but we want to hear from the Secretary and the general about this matter. (The committee thereupon proceeded to the consideration of Senate bill 2573, which reads as follows:) [S. 2573, Sixty-eighth Congress, first session.] A BILL To amend and reenact sections 20, 22, and 50 of the act of March 2, 1917, entitled "An act to provide a civil government for Porto Rico, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 20 of the act of March 2, 1917, entitled "An act to provide a civil government for Porto Rico, and for other purposes," be amended as follows: In line 2, after the words "salary of," strike out "$5,000" and insert "$7,000." SEC. 2. That section 22 of said act to provide a civil government for Porto Rico, be amended as follows: In line 3, after the words "salary of," strike out "$4,000" and insert "$5,000." SEC. 3. That section 50 of said act to provide a civil government for Porto Rico be amended as follows: In line 14, after the words "the governor," strike out "$10,000" and insert "$12,000." In line 17, after the words "executive departments," strike out "$5,000" and insert "$7,000." In line 18, after the words "chief justice of the supreme court," strike out "$6,500" and insert "$9,000"; and after the words "associate justices of the supreme court," strike out "$5,000" and insert "$8,000." STATEMENT OF MAJ. GEN. FRANK McINTYRE, CHIEF OF BUREAU OF INSULAR AFFAIRS, WAR DEPARTMENT. General MCINTYRE. The salaries of, the officials now enumerated in this bill were practically fixed in 1900. There was a very slight change when the new organic act was passed in 1917. The salaries are all too low. Where the department has been called on to recommend officials to the President for appointment, it has had the greatest difficulty in securing officials of the type desired. The salary of the Governor of. Porto Rico to-day is $10,000 per annum. The revenues of Porto Rico are $12,000,000. The salary, for instance, of the governor of the neighboring British colony, Jamaica, is ~5,000, with ~500 additional for expense of 91244-24 ---6 80 THE CIVIL GOVERNMENT OF PORTO RICO. entertaining, etc. So that the comparison is practically $25,000 as against $10,000 by our Government in Porto Rico. Senator WILLIS. Permit me to interrupt you there, General, to call attention to the fact that when the Governor of Porto Rico was before the committee he specifically requested that the lines providing for increase in salary to the governor should be stricken from the bill. General MCINTYRE. I understand that, but at the same timeI do not know how Governor Towner feels —but if it was a question of getting a successor to Governor Towner it might enter somewhat. The increase is a very modest one, if we compare it even with our ambassador to Cuba, for instance. We send an ambassador to Cuba in the West Indies, largely under the same conditions. Senator BAYARD. Has any action been taken by the Porto Ricans by resolution or otherwise suggesting these various increases? General MCINTYRE. Yes, with the exception of the governor. This would be carrying out a specific provision in the present appropriation act for Porto Rico. The Legislature of Porto Rico has appropriated for all these salaries, and they simply ask you to confirm their action, without which it is not effective. Senator BAYARD. This is in the nature of an enabling act? General MCINTYRE. Yes. We simply authorize them to fix these salaries; that is all there is to it. Senator WILLIS. So far as you know, there is no objection to this bill? General MCINTYRE. There is no objection in Porto Rico; that is, on the part of the Porto Rican Legislature. The bill was passed unanimously in so far as the department is concerned. I may say that we tried to get these salaries fixed at a higher rate when the bill passed in 1917, owing to the difficulty in getting men. For instance, you have two judges of the supreme court that are selected normally in the United States. Of the present incumbents one is from Washington and one is from Texas. Those men have to be acquainted with civil law as well as the ordinary law of the United States; they have to speak two languages in order to be efficient in their positions, and the positions are very important, and the salary is modest. Senator WILLIS. Do you desire to make any remarks, Mr. Secretary? STATEMENT OF HON. JOHN W. WEEKS, SECRETARY OF WAR. Secretary WEEKS. About the governor's salary, Mr. Chairman: The governor, in testifying as he did, was undoubtedly influenced by what you might assume to be a feeling on his part that he did not want to appear to advocate an increase in salary while he was holding the office, a very natural feeling. But the governor is not only the governor; he is the ambassador there, in a way. A very considerable number of Americans and others, go to Porto Rico. It is customary in such places for the governor to entertain them, and if he does that in the manner which probably he should to maintaini the dignity of the office he ought to have a larger salary. I should think it would be an embarrassment to him, otherwise; and I do not think that this Government ought to be in the position THE CIVIL GOVERNMENT OF PORTO RICO. 81 of sending its representatives to such places and not furnish them with the means to maintain the position as it should be, and as it would be done by other nations. The illustration which General Mcintyre has cited could be carried to an unlimited degree in other cases. But Jamaica certainly is not a more important point than Porto Rico. It is not as important in most respects, and yet the governor of Jamaica gets three times the salary that the governor of Porto Rico does. Senator WILLIS. Do you think the bill should be reported, including the increase in salary for the governor? Secretary rEEKS. I do; yes.. Senator WILLIS. Is there any other question from any member of the committee to either the Secretary or the general? If not, that bill will be laid aside for consideration. We are hurrying through, because we want to complete the inquiries with the officials of the War Department so as not to have to require them to come up again unless absolutely necessary. Senator WILULS. The committee will now take up Senate bill 2448, introduced by Senator King. That is the bill providing for the election of the Governor of Porto Rico by the people thereof. General, will you discuss that measure? STATEMENT OF MAJ. GEN. FRANK McINTYRE, CHIEF OF BUREAU OF INSULAR AFFAIRS, WAR DEPARTMENT. General MCINTYRE. The election of the Governor by the people of a Territory is unusual, of course, in our system. The treatment of Porto Rico in the past is also unusual. We have in Porto Rico a population many times sufficient to warrant its admission into the United States as a State, if that were contemplated. But it apparently at present is not contemplated. Likewise Porto Rico might be made an incorporated Territory; but for fiscal reasons principally that was not done. It was desired to give to the people of Porto Rico the revenues which otherwise would come to the United States, in order that they might afford a government and do those things which were deemed essential. The fact that we have outlined a different policy toward Porto Rico, one which does not contemplate a promise of admitting Porto Rico into the United States, brings up the necessity for some such act as this. Obviously the time will come when we must pass on the question as to whether we will adopt something similar to the British system, of sending a governor there, who would be a presiding officer and social head of the government, permitting the people to run a parliamentary government, or whether we will follow our own system, enabling them to elect their governor and erect a government somewhat similar to a State, but without incorporation in the United States proper, and without the representaion in Congress and the other things which go with full incorporation. This bill is an effort to bring that about in 1928, when it is proposed a governor will be elected. The only question is as to the time, whether this is the appropriate time of doing that. It is purely a matter for Congress to determine as to the time and also as to which of the two systems would be followed. 82 THE CIVIL GOVERNMENT OF PORTO RICO. Senator WILLIS. Does any member of the committee desire to make any special inquiry of the General upon this bill? [After a pause.] I Senator WILLIS. Do you care to make a statement about it, Mr. Secretary? STATEMENT OF HON. JOHN W. WEEKS, SECRETARY OF WAR. Secretary WEEKS. I think I would like to say a word, Mr. Chairman. I do not think the time has come, from the standpoint of the people of Porto Rico, to pass this bill. There are three political parties down there; they are in sort of a state of flux. They are not divided as we were 25 years ago in political parties, where there was responsibility and party government. But perhaps for other reasons -not fundamental reasons-more than 50 per cent of the suffrage of Porto Rico is illiterate. I do not know exactly how much, but I should think probably 50 or 60 per cent. You did not take New Mexico into the Union-using that as an example-for a great many years after they had sufficient population to warrant their being taken in, largely because of their state of literacy; and when New Mexico was admitted there were but 18 per cent of the qualified voters who were illiterate. This is no reflection at all on the people of Porto Rico. They are advancing in education marvelously. When we went there about 20,000 children were in the public schools. Now, there are 200,000, in round numbers, in the public schools. The next generation is going to provide an educaated people, and I personally have never had any particular confidence in the judgment of those who were unable to inform themselves through the pamphlets or books or the press, or in other ways; and I think it would be a great deal better for Porto Rico from their own stiandpoint entirely if we continued to send the Governor there. He is an arbitrator between the different parties and the different elements in the population, presumably absolutely fair in his judgment to all elements of the people, and he is in a better condition, in my opinion, to conduct the affairs of that island than would be a native and a resident. I would not want to put any limit on this opinion-perhaps in 10 years, possibly in 5 years, I might be willing to express a different opinion. I went there last spring. My call at the island was a short one, to be sure. But I had an opportunity to see some of the things that were being done, and especially the school children. It is a sight that is good for the eyes to see those little children in Porto Rico, the interest that they showed in everything that was going on, the way they were dressed and their general characteristics. It is fine, and a great work is being done in developing the people of the next generation. But that generation has not come. Senator WILLIS. Does any member of the committee desire to ask a question of the Secretary? Senator BAYARD. I would like to ask the Secretary one or two questions, if I may. Are there any statistics available to show the intermediate increase from 20,000 to 200,000? Has the larger part of it been in recent years or immediately recent years? THE CIVIL GOVERNMEN T OF PORTO RICO. ' 83 Secretary WEEKS. I should have to ask General McIntyre about that. General MCINTYRE. There has been a great increase in recent years, but the greatest increase was made immediately, almost; that is, there was an effort made to get the children in school in tie very early days of the American Government there. But we can give the figures, and I would be very glad to put in here statistics showing the number each year from the time we entered, showing some twenty-odd thousand that were reported as being in the schools in 1898, and how that has increased to considerably over 200,000. Senator BAYARD. Have you figures, General, which would show, roughly speaking, the proportionate amount of school children to the population and the proportionate number of school children to our total population in this country? General MCINTYRE. Yes, sir. Senator BAYARD. Relatively speaking, what is the ratio? General MCINTYRE. I will put that in, if I may, because I would not like to make an estimate. Senator BAYARD. And how recent that increase is, relatively. Secretary WEEKS. There is not very far from one-sixth of the population in the public schools now. Senator HARRIS. Mr. Secretary, do you think it would be well not to allow them to elect a governor at this time? How would you feel about the appointment by the President of a local Porto Rican for governor? Secretary WEEKS. That is an executive act which would vest in the hands of the President. There are undoubtedly suitable men in Porto Rico to occupy that position. Whether it would be best to do it at this time I do not want to express an opinion. Senator WILLIS. Is there any other question now upon this bill, or any of the other bills pending touching Porto Rico The following are the Porto Rican school statistics called for: Population School Ero Population School En Year. of Porto popula- ment. Year. of Porto popula- Et. ' Rico. tion. Rico. tion.....__ 1.,.,..... _...... --- 1899 -............ 953,243 322,393 29,172 1912 —.. —.....-......................- - 160,657 1900. —.9 —. —.- 964,746 325,002 24,392 1913 --- —-------- -------- ------ 161,785 1901 -—. --- —---- 976,841 328,194 38,000 1914-.-....... --—......... 207,010 1902 --- —— 9 — 988,007 332,497 61,869 1915 --- —-. --- —. 1, 200, 000 419, 282 168, 319 1903 ----------- 1, 000, 907 336,228 70,216 1916 ------------ -... --- —- - -. 151,562 1904 ----. 1, 012, 202 340, 926 61,270 1917. ---- -—.. - 1,223,981 427, 666 152,063 1905 ---------- 1, 023, 717 345,805 63,413 1918.-. --- ——. 1,223,981 427,668 141,589 1906 ----—.. 1, 035,429 350,111 68,828 1919-..,...- 1,26 1,263,474 434,381 160,794 1907 --- —--- 1,0 1,04:7,699 354,721 72,052 1920 ---—. ------ 1,299,809 438,743 184,991 1908 --- 1,060, 477 360,551 80,167 1921... —.. --- —- -------- 193,269 1909. --- —-. ---- ------ - --—.- 105,125 1922. --- —-------—.- ---—...- 226, 171 1910 ---------- 1,118,012 390,640 121,453 1923 -, --- —---------------------- 225,600 1911.. - ---- - 145,525 84 THE CIVIL GOVERNMENT OF PORTO RICO. The following table shows the enrollment in the schools of Porto Rico, as compared with States of the Union of approximately equal population, at the 1920 census: Enrollment Popula- (ages 5 to tion. 20, inclusive). Porto Rico.. —.. —......................-.-....... — 1,299, 000 206, 533 Nebraska -............................-......................... ----. —... 1, 296, 000 292, 747 Washington ---—.-.... --- 1,356, 000 257, 332 Connecticut. ---... --- —---------------------—.... —.. - ----- 1, 380, 000 261,523 The children between the ages of 5 and 20 in Porto Rico are more numerous than in the States of the Union of equal population. STATEMENT OF HON. FELIX CORDOVA DAVILA, OF PORTO RICO. Mr. DAVILA. I am not prepared this morning to reply to the Secretary of War. I will have to prepare a statement replying to the argument that Porto Rico is not prepared for electing a governor. I have the greatest respect for all the Secretary has said. I know he is very friendly to Porto Rico. I know he is very sincere, and I know that his views are entirely altruistic,.and I do not say that as being discourteous; I say that because I know very well the Secretary, and I know he is interested, as I am, in the welfare of the people of Porto Rico. But, of course, Mr. Chairman, on this matter of our preparedness, it is very difficult to draw a line between preparedness and unpreparedness. It is hard to arrive at a conclusion, I think; the willingness of the people to assume the responsibility of public duty is a very important factor. We have some instances of our willingness to assume those responsibilities, and one of those was exhibited during the great war. At that time the people of Porto Rico, when they knew that the United States is going to enact the compulsory service law, volunteered to ask the President of the United States that they be permitted to share the responsibilities of the war. I appear here to-day by chance, because I did not know that there, was a hearing on Porto Rico to-day. But it was said at that time about Porto Rico by a writer, Mr. Henry A. Walsh, who was in Porto Rico during the crisis [reading]: On March 2, 1917, American citizenship was conferred upon the Porto Rican. For nearly two decades he had had a land but no country. For 19 years he had been.knocking at our door, unable to enter or go elsewhere. The flag over his head was not his flag, nor could he raise one of his own. So, only two months f before our declaration of war the Porto Rican was not an American citizen. Would he, therefore, be willing to fight for our cause? It was this query, possibly, that caused the War Department to hesitate when announcing the draft to apply it to Porto Rico. But this hesitation, whatever its cause, had a galvanic effect upon the people of the island. Instantly there arose an indignant protest and a demand that Porto Rico be permitted to supply its full quota to the Army whose flag at last was its flag. Not only would it fight, but the opportunity to do so it demanded as its right. The children of Columbus's conquistadors were willing and ready to support the liberties of the New World, the world that he and their ancestors had carved out with their swords. TH:E CIVIL GOVERNMENT OF PORTO RICO. 85 Already had the Unionist Party sent a cable to the President of the United States announcing its support of the war, with the demand that "Porto Rico be assigned its full quota of sacrifice and suffering to obtain victory." But how did the individual Porto Rican react? A month after the declaration of war the Porto Rico regiment of the United States Army was ordered to recruit its full strength and prepare for active duty. In three days it had enlisted 654 men, and so had filled its ranks; in two weeks, drilled and fully uniformed, the regiment was on its way. Again when Colonel Roosevelt's volunteers were being recruited, it was said 1,700 selected men signed up in seven days. On August 27 an officer's training camp was opened at Cayay, amid the tobacco fields in the center of the island, with 250 Porto Ricans, 95 per cent of whom were graduates of colleges or universities in the United States. So thoroughly wvas the work done in this camp that on November 26, 88 per cent of these men were commissioned. The results of this experiment caused great. popular enthusiasm, and another camp within the Morro Fortress was opened with 400 men on February 1, 1918, and was hard at work when I visited it. One of its companies is wholly composed of negroes, so that officers of the lower ranks can be provided for the negro regiments which are to be drawn frdm the island. Here also is being trained the home guard of San Juan of 1,500 men, among them the foremost judges and professional and business men of the place, as well as 500 Boy Scouts. Porto Rico has caught the war fever and is glad of it, which is the more remarkable because its people are so little warlike that, although in the revolution belt, it has never known a revolt. I had not pushed my inquiries far before it became plain that behind thisenthusiasm for the war and ardent wish to serve in it was the stimulating influence of one man, an American Army officer. To such an astonishing extent does this soldier seem to have won the affections and confidence of these people that they have not only unquestionably put themselves into his hands in matters relating to the war, but have requested the President to make him a brigadier general; also, that the Porto Rican troops, when they go to the front, shall be commanded by him. I have given you a correct statement of what happened in Porto Rico. Senator WILLIS. I will confer with the Secretary of War and with the members of the committee and will arrange a further meeting at an early date, so that we may take up some matters in executive session. The next session will be an executive session, but we will hear you, Mr. Davila, later on. (Thereupon, at 12.05 o'clock p. m., the committee adjourned subject to call.) iX1 I JUN 12 1924 THE CIVIL GOVERNMENT OF PORTO RICO HEARINGS BEFORE THfE,1 COMMITTEE ON TERRITORIES AND INSULAR POSSESSIONS UNITED STATES SENATE SIXTY-EIGHTH CONGRESS FIRST SESSION ON S. 2448 A BILL TO AMEND THE ORGANIC ACT OF PORTO RICO tAPPROVED MARCH 2, 1917 S. 2571 ' A BILL TO EXTEND THE PROVISIONS OF CERTAIN LAWS TO PORTO RICO S. 2572 A BILL TO PURCHASE GROUNDS, ERECT, AND REPAIR BUILDINGS FOR CUSTOMHOUSES, OFFICES, AND WAREHOUSES IN PORTO RICO S. 2573 A BILL TO AMEND AND REENACT SECTIONS 20, 22, AND 50 OF THE ACT OF MARCH 2, 1917, ENTITLED "AN ACT TO PROVIDE A CIVIL GOVERNMENT FOR PORTO RICO, AND FOR OTHER PURPOSES" FEBRUARY 16, 25, AND MARCH 7, 1924 PART 2 Printed for the use of the Committee on Territories and Insular Possessions V WASHINGTON GOVERNMENT PRINTING OFFICE 1924 COMMITTEE ON TERRITORIES AND INSULAR -POSSESSIONS! HIRAM Wi JONITNOON Califffina C&OPMOM GKORGE P. MRLEEAN COOidit KEY PITTMAILNi, f ALEPET Bi CUMMINS; HNA JOSE-Pi Ti ROBINSON; A1Bk~Adifi MEDIDEL MGQBRMBCK, BflumRB. WILLIAM Xi BARBIE, GKNkiN FRANK Bi WILIER URN. EDWIN A BROUSESARD; LUBIER FDINTE F. LADD; UN&E I~NiER DAVID L WFALSH; ARMosahubtsk DAVID Ai REED;, wimpmyNBiN THOMAS Al RAYARID; INwamI BIT A, BURR corkL II THE CIVIL GOVERNMENT OF PORTO RICO THE CIVIL GOVERNMENTs OF PORTO RICO WEDNESDAY, MARCH 9, 1924 UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND InNSULAR POSSESSIONS, Washington, D. C. The committee met, pursuant to call, at 11 o'clock a. m., in the room of the Committee on Commerce, Capitol, Senator Frank B. Willis presiding. Present: Senators Willis (chairman), Harris, and Broussard. Senator WILLIS. The committee will be in order. The committee has met this morning for the purpose of closing the hearings on the Porto Rican bills, and we shall hear first Mr. Davila, of the House of Representatives, who has some observations to make. STATEMENT OF HON. FELIX CORDOVA DAVILA, DELEGATE FROM PORTO RICO Mr. DAVILA. Mr. Chairman, when I was before this committee some days ago I attempted to reply to the statement of the Secretary of War in opposition to the election of the Governor of Porto Rico by the people at the present time. I stated that in judging the general conditions of a country for the enjoyment of self-government it was very difficult to draw a line between preparedness arnd unpreparedness. I further said that to consider the ability and captcitof any country to control its own affairs it is a very important factor the willingness and readiness of the people to conscientiously assume the responsibilities of public duty. I offered the example of the patriotic attitude of the people of Porto Rico during the crisis of the great war and I read to you the statement of a prominent American author who visited Porto Rico at that time. I want to add now that the number of persons registered in the selective draft was 236,856 and that on the first and only draft we had in the island 17,000 recruits were selected. Porto Rico exceeded her quota for the four Liberty loans and a Porto Rican paid the highest suml of anyone in the entire Nation for 2 pounds of wool from the White House sheep. But the best proof that can be shown of the patriotic sentiment of Porto Rico is set forth in the following letter from General Crowder to Major Wilson, the adjutant general of the island: MY DEAR MAJOR WILSON: I have just received from Lieutenant Colonel Kramer a personal letter filled with a glowing description of the achievements of the selective draft in Porto Rico. His account of the accomplishments of the island has not added to my admiration of the work that has been done there. as I already knew from less direct information of the splendid efforts that had been exerted. But it prompts me at this particular time to express to you, and 87 ..,, b.... 1 A' 'Jl^ rj4-,..., f.t,1 1 i!:: ]0p,; *''Y I n 'it ',? i Ar 11 ii 14 r.. '.. "* CM.' ': 6",,."N.;: -:., ':t.?5' UNITED: STAT S SiENATEf':'".', '::.COMmixia, 6 N:) TEim mmiIr' 'AND IfDNSULLAR'. POSSESSIOS;'; The coiAittee met p ttUruh t '1' all? at!! o'ock t.:;, ill the' room 'of the 'Oonihriitte oh6- Cdomweirce, Capitp,' Sena't&'Frrfik. B; WVllis presiding1 A' A ' ~,Present: Senators' Will (ch'rtirahY, Harris ';and B'dtiissard2, Sxri/or WiLrrs:.' ~The c6nifittee6- vll': b~ itl dt.'defJ ' h&e&oebnw.ittee' has imet,'this ticTifihg;fdttI^t^purpU 4bf c6:ihthe: heiatihgt t& Porto Riavi billsf,`and We shal l et fi'Mlr.' Darlal; of tHej&oHiaof. Represtdatit&e'. whb' hias so' dbservattons t6t.' '';, make. - ' r -.;:.ft I i, f. i "2,:1J.i.:;; STATIM2VED0NT) F, loE 'FELIX co Aov" DKVILA, iYEiGAtE *.*^*AJA D I): 1 ) - P,-tO U U.ii I1`^~K.nf ' -; A /ii'Mr. D:AvAl. 'Mr./iQhairm'tbihwhei eaL' 'wAs:fbabforeotliis dmrrinittesomiedfays.go, 'atempted.to rep t he ptt 'erbfbnt'of)Sw tA of War in opp6sitibnrto:'tbeQ; teotbrz.offthfhet GdveorrboFi lktoitd Rio. by the pe66pe; at, the.pmsnit.ti'm^: { Ftsted tka~iin judging the nea ' co(nditios -df a, c6buntlryf. or,'thd enjoymuent,of selkgotearmeniw-iti was eryi,diflShultt tcs rdraw' a{ li~e,, b~itween.plielare~dess and[ tuAprb-", parediiess: I fhirthrua<- thatt;6Vnsid; t abilitk iiAi[ cakati~/ of any:f3ftot.1uto'~oItl'OAtsi oWn aftair6/ f! is"a:,;eFy ifpoitarit tact r' thewiliiA.iEs' 'axnid i -&tdiness f.taeebplle, toor 4fiei!,-AefttuO'i th-epoiii! ilitii.'ofi~ij~dtyrW, i offred 'ithe',;ex.antrple '0of;li', patrioh' ttdi t.'f e:p.pl-for_ Rit dring~. hWorii the igre'atwar-andti rend y ytuhie' tntitnmP of. w,4AhThftit 'Ainer icawn athor who'visitedVPortp lRioo at'tliat.ime -.- IaTib'itOd'ad'iw', ' that the mnumlbr;iof 6 erason"giterd itibh seitihbid tAmiwaw 23f,8fi& &n4: theAi'mn thGksi aod rotilyudraftUr tawd lw'thebislmn&d; 17;e00 r,'dts'ntere;sdeted.. Pohlto )Rio0 eece d'e4l6rbttu4Fa,for! the/4ourtLibtty:toanl'"aidIlt P.t cu,.Rioan',paid'r hb.itghe^b aUin of'. anyone in (honttir&rNalonu'.fdtr Qitpionrd"iMF wdol: frothr th Whii^tk ) ', ~ House,shp.i tBu~a:th. b'estpio tfi tttk tn, ab ^dshrv ^ bftle' patrit%', sentihiwlhof &: lio jti W 'id foMfltn t h ktkltAing' ilA Om Geaerl."Oil6wd~r:a..Meo. 'Mivm..Wil/ t'.-[jit'et eiier',t 4Oh'. ~I1isl1;iild 1 3, " - A i. I ''m - of the eotli:edra ft':ai P.rto' tii'H'iaodount f.ekiec eonimplisatts of:i het I islad:h oaPoid4lqtA9ii:qe fQijnthe.4perthotPs q -4Q? 4le% as a, )r l4ynewrfrpm les r direct ydtr' y tiiot f ~S gfIPg!A'' 7 5,' '; its, ' '(s,i'i, r C, oexpres yU: 'j... been,, 6et i 'li r ' l llt- r,' A *.- f 7i, l I- - it hzbs:~ji~t~,~i~e knfcrjt~~ng:13ase ~ df 'C", -~: ~ 87 88 THE CIVIL GOVERNMENT OF PORTO RICO through you to Governor Yager, Captain Van Deusen, and the other gentlemen who so ably directed the administration of the selective-service law an appreciation of the work which is now drawing to a close. I noted with pleasure in Colonel Kramer's letter that the percentage of delinquents and deserters on the island is probably lower than in any other administrative subdivision. This is, indeed, a tribute not only to the loyalty and patriotism of your registrants but also to the splendid spirit which you have infused into the administration of the selective draft. This remarkable spirit of cooperation is further emphasized by the fact that no member of the 76 local boards has charged the Government for his services. As you see, we practically had no slackers in our country. Our local registration boards refused to receive any compensation for their patriotic work. Our record during the war is second to none, and with this wonderful record we appear before the American Congress modestly requesting the recognition of the right to select our own executive. You have extended to the natives of Porto Ri(o the American citizenship without reservations and it is your duty to treat us as your equals, granting us without any improper delay all the rights we are entitled to. We have been at your side in the hour of crisis and the people who are good to share the responsibilities, hardships, and sacrifices at any great emergency and who are quick to respond to the call of public duty should also be good to share the prerogatives and advantages of your institutions and of American. citizenship in normal times. The Secretary of War based his opposition to the election of the governor in the percentage of illiterates that we have in Porto Rico. We may assume that to-day the percentage of illiterates amounts to 50 per cent. I do not believe that all the people who know how to read and write have the qualifications that the Secretary of War seems to have in mind for properly using the right of suffrage. Sometimes there is more honesty and better judgment in an illiterate person than in one who knows how to read and write. As a matter of fact, the majority of illiterates live in the mountains of Porto Rico. When in 1917 the issue of prohibition was submitted to the direct vote of the people of Porto Rico the interests engaged in the manufacture of alcohol and alcoholic beverages made aTl kinds of efforts to obtain a victory at the polls. A great campaign was waged throughout the country and great sums of money were spent in propaganda to defeat prohibition. But the people of the mountains, where the majority of illiterates reside, these same people who seem to be the only objection to the election of our governor at this time, were not convinced and were not persuaded by the propaganda and temptations offered them by the powerful interests and voted for prohibition, which carried the country by an overwhelming majority. No better example can be offered of the honesty and capacity of those people to enjoy the right of suffrage and to vote for the election of their executive. I want to say, Mr. Chairman, that you will find in them purity of thought and the most honest intentions. They have shown that they know how to make use of their rights. Since 1917, together with the literates, they have been electing our legislative assembly, and the remarkable progress made by Porto Rico during the last seven years is an irrefutable evidence of the sane judgment and capacity of these people. They will act, likewise in selecting their own executive as they have done in the past in the selection of their legislature, and the man chosen by them to preside over the THE CIVIL GOVERNMENT OF PORTO RICO &9 destinies of our country will also honor Porto Rico like the legislators they have elected. Their actions in the past is an assurance of their intentions in the future. And we have here a good evidence of our judgment in selecting our own man [pointing to Mr. Guerra]. It is unnecessary to say that Porto Rico is one of the most peaceful countries in the world and that the law-abiding way in which the elections are held can be taken as an example and can be construed to show the degree of preparedness that our people have reached in the exercise of their rights to elect public officials. Order is proverbial in Porto Rico; riots are unknown; obedience to law is our creed; and even in the most critical periods of our history we have waited patiently for the hour of justice without resorting to violence and without provoking any disturbance of the peace. The Secretary of War, in stating that a governor from the mainland would be in better condition to conduct the affairs of the island than would be a native and a resident, said: I would not like to put any limit on this opinion-perhaps in 10 years, possibly in 5 years, I might be willing to express a different opinion. Now, Mr. Chairman, there does not seem to be such an important conflict of views between the Secretary of War and ourselves. He may change his opinion perhaps in 10 years, possibly in 5, and according to the bill. under consideration the executive of Porto Rico, if elected by the people, will take possession five years from now. At that time the number of illiterates in the island will be greatly reduced, judging by the efforts we are doing and the sacrifices we propose to make for the promotion of literacy. Senator WILLIS. Just a question there about the bill. As I recall the bill that is pending here provides that the governor shall be elected at the election of 1928. Mr. DAVILA. November, 1928-that will be more than four years, nearly five years. But the governor will take possession in 1929. He will be elected in November, 1928. The Secretary of War is the head of the department having jurisdiction over Porto Rico, and his opinion is entitled to the greatest respect, but he is quite a busy man and can not devote muct of his time to study the conditions in Porto Rico. He himself says that he was in the island for a short time only. He was impressed by the display made by the school children of Porto Rico, and he says that a great work is being done in developing the people of the next generation. We are very grateful to Secretary Weeks for the interest he has taken in Porto Rico, but it is our opinion that his views are rather conservative. In contrast with the Secretary, who visited Porto Rico for a short time and who can not devote his valuable time in going into the study in detail of our insular problems, we have the opinion of Governor Towner, who was a member of the Committee on Insular Affairs for many years and its chairman for several years, who visited Porto Rico several times in the past, and who has been the governor of the island for nearly 10 months. In his recent statement before the Committee on Insular Affairs Governor Towner, among other things, says: We are under obligations, according to the very fundamentals of our Government, to extend to them just as rapidly as we can, just as fast as we believe we are justified in doing, the rights of self-government. Now, that being the case, it seems to me that having these evidences of progress and development that ITHE CIVIL GOVERNMENT OP PORTOr BICO,-h24V4a MbOnfWie-4 4 Th4 RTWPpW ThiNZ: Wws dii4tjxyr;IaI&% been udner tvprir~,q^,trIIa, JiaNipkpye W I fl 99w avelj ai ted. tbomselvys to each increase oiautionomou government a s beg granted to themp I 'ThJhf1CV e' ~AY6Tfibg~&tctiAig:of.ti& YAfed' States AMh abik b& M f6tG C S'gs in allowinig~'lti~/ tw mflot thtAtngoqernrJ;i /thifl' w tt will',hardly be j&f litgj 'in rusing.t.thet is tU tenisson:,f faeffov.rtnmt or iv,longw. d4yiing it. N,,;ow gentlemen, I. yvata o Weak with "pserve' but J,'havye iQ hetajcy,in sayiing that It doubt if tthre is any tate in the Union tat under the circumstap ces that bxikted, tunde the isame codritiobs that these p&ople' vorke 'iRidf, would have given a bttert aMounit of thetrklves: pr khivo seeUneda' better ststem!of lkWwvtthan hihey hae noP;in PorAt Ri,. Y,.. tay n espeetq theyyae&bstter, than rtowse in mrgy of ftlh 8tes,, t,.Th, ey, have, been, quipk to.adjusl. tbeipmsqjys to thnat which is best ancd most ~progressive jf many of our States. 'ong before w'e cid' theV hld i.budget' nrd 'thiey adhe:' if0 t. ' Tfiey hatd;vedy ahy' hlavs *,.hioh I must'not ttke the:timh to callf attdntion to in particular that ae adanirable in their nature and which, aJ4; became 'aquainted with tom);exeitediiqytfdd' 0ra o~,qagd'appr9val, ',.,.,..~, <,.,,.1, ', "' i -..,-!,'" I 'lict. ~iMr. Burn's is kere, who is a critic of laws'as well as- he rganizer and fomiulat7i' of 'stme of th&e best 'ccod 'irf 'idui 'State' anid is 'nbw' aslst'ig n 'i ithe revision of the present United States stutate;:,and he. nods' approtal 6f what I say in commendgtion, in a general way, of the. body of Portq Rican laws, and he has niade a quite 6aretfi examination of6 th6i 6 lhw.". '*: '.' -.. So that legislatively ft 'can be said, that;they ha&v' done 5m6r tlan'could be expec te;pr require4 of, hemand they xnieit.j4 that,regard full appov, al f us n4 the IUnted Statps.,.' '' ' "; This statement;.6f Govearnor,Towner 'is the 'product of personal observation aid, persiatent study.,He *adds oxpetienc, tC theory and is no.t,aoting,on speculationm -.There is nOt any man in! th iSt&tds, with' the ekeption of Genetral Mclnt!rre,.thoo h&s maore lknowledge eof PortoRican affairs than Gowvernor -Towner..; * t,. ' There are other reasons which favor;tbe election-of the governor by thd people of Porto Rico. We 'have i'n the. islani 'several,,men qualified to fill the executive pbsitio.,These men: are familiar; with the Spanish and English languages ad have. the advtmtage, of a thorough knowledge,of American institutions and of the Pab'Rto.ican pbpl',,-*p A man: sent:fromt thoe $tateea'hlicks: soae of, thise' 're.quirements. In the first place, the SpamishilangUageg i'unfamiliir to liim; he i ano-.,acqnaimtedwith,,the, peopl,,. does not' know 'tf)eir,-customs nor thi, psyiholog,:; ofthe people. he!& ito goveti...Ha cn,not be~ a good gobvernovinithe firstya ydax o f' is adnifnistr4tion', Whichi must -be a, perio& of lea- aing and aqtiring x' eriene,,allt of: wich.. is detlimental for the;q purpose of a good adnm.i$tration. '.Ybii gentlemen do not- have itb' tal-;t;0o youri ExecUtiive through, tn, intdrpretar. and cani not imagine how diffiqult itis!tpa hrrite; at.; mutual hnideretanding bdeetwean rWo ipersons wt ose onl;y, aa Oan, jf.communimation:,'are the words: of,a -third ole tlrty be;. rgued thtt, G(vrremor Townaer.does not, know 1Sypiish,butt he i.:;a- exceptional.nan m an'd hi- suooess'in Porto Ricoa is dk, ad his. iquired! lmowledge,f.-ox peoplje and of our problems Ibefore his. appoiaitment andi to his highI, qualties 'fof statest 1.Moreonr, itis:.f#ery:difitdlt to. find men of,the typ.e. of Gbovernot Towner:for 'the governotaship of Poyrto, RiAo -who vwitR be, willing.to reliiquiah an ixportant pibti~ offie, is he enjoyed in. the.States to take, up the,duties as governor of a dtistan iterritory.', Bi3sidesg, it is only natural that we have the aspiration of selecting our;own 0xecu4 -tive,, becaus, e we,,copsier,,that our,^iMherent right, As the. PPcto Rictns are A'4a rlcnn. Citizens,' they ',atalr,4ee r t and protest against the exclusion 'f one, of their nunuber, if the, only objection to the' grnting of the right' of electing ati insular mann to thi gbvernor so THE- CIVIT GOVERNMENT OF PORTO RICO have been made in Porto Rico during the 25. years that they have. been under: American control, having knowledge of how well they have adjusted themselve to each increase of autonomous government as it has been granted to them, I think we are justified as citizens of the United States and as Members of CongrejR in allowing them to elect their governor. I think we will hardly be justifie in refusing to them this extension of self-government or in longer delaying it. Now, gentlemen, I want to speak with reserve, but I have no hesitancy ip saving that I doubt if there is any State in the Union that under the circtur. stances that existed, under the same conditions that these people worked undet would have given a better account of themselves or have secured a better system of laws than they have now in Porto Rico. In many respects they are better than those in many of the States. They have been quick to adjust themselves to that which is best and most progressive ini many of our States. Long before we did they had a budget, and they adhered to it. They have very ninly laws which I must not take the time to call attention to in particular that are admirable in their nature and which, as I became acquainted with them, excited my admiration and approval. I notice Mr. Burns is here, who is a critic of laws as well as the organizer and formulator of some of the best codes in our States and is now assisting in the revision of the present United States stututes, and lie nods approval of what I say in commendation, in a general way, nf the body of Porto Rican laws, and he has made a quite careful examination of those laws. So that legislatively it can he said, that they have done more than could be expected or required of them and they merit in that regard full approval of us in the United States. This statement of Governor Towner is the product of personal observation and persistent study. He adds experience to theory and is not acting on speculation. There is not any man in the States, with the exception of General Mclntyre, who has more knowledge of Porto Rican affairs than Governor Towner. There are other reasons which favor the election of the governor by the people of Porto Rico. We have in the island several men qualifiecd to fill the executive position. These men are familiar with the Spanish and English languages and have the advantage of a thorough knowledge of American institutions and of thle Porto Rican people. A man sent from the States lacks some of these requirements. In the first place, the Spanish language i.s unflamiliar to him; he is not acquainted with the people, does not kno)w tieir customs nor the psychology of the people he is to govern. Hfe rcan not be a good governor in the first year of his administration. wlich nmust be a period of learning and acquiring experience, all of whllilch is detrimental for the purpose of a, good administration. You gentlemen do not have to talk to your txecutive thrlouglh an interpreter anld can not imagine how difficult it is to arrive at a mutual undlerst:anding between two persons whose only means of communic:ation 1are the words of a third one. It may be argued that Governor 'Towner (toes not know Spanish, but he is an exceptional man and hits success in Porto Rico is due to his acquired knowledge of our people almd of our problems before his appointment and to his high qualities of statesmanship. Moreover, it is very difficult to find men of the type of Governor Towner for the governorship of Porto Rico who will be willing to relinquish an important public. office as he enjoyed in the States to take up the duties as governor of a distant territory. Besides, it is only natural that we have the aspiration of selecting our own executive, because we consider that our inherent right. As the Porto Ricans are American citizens, they naturally resent and protest against the exclusion of one of their number, it the only objection to the granting of the right of electing an insular man to the g'overnor i ' CIVIL GOVEBMENr'O P6krO ICO 91 ship flS at he will b a nativot tie /comtunt r y te ~ecretaryof War recogzes in his statement ibefore tliis cotmnittee hat there are suitable men in Porto Rico to occupy thi'position, and as:this is. true, the best course' to follow is to give' the people the opportunity to elect one of thee menj thus showing entire confidence m the people of the island who will undoubted4y respond with. true appreciation to such a polic.. The SeCretary of War says that there are three political parties in the island and that they are in sort of a state of' fux.- He further says that we are not divided in political parties as you were 25 years ago, where there was responsibility and party government. The fact that there. are three political parties in Porto Rico is not a reflection on our people. There are also more than two political parties in other civilized countries, England for example, and nobody will think that they are not prepared for self-government because there are this many parties in existence. There are two big political parties in the United States, and in addition there is in existence a FarmerLabor Party and a Socialist Party. Besides, the creation and organization of al third party is a matter of serious speculation at the present time. There is no more political agitation in Porto Rico to-cda than there is in Continental United States, and no one will say that the political parties in this country are in sort of a state of flux and unprepared for self-government. The existence of political parties in Porto Rico goes back to the times of Spanish government. There were two political parties in those times —the Liberal, composed almost exclusively of Porto Ricans. and the Conservative, composed almost conclusively of Spaniards. After the American occupation those parties were dissolved and new parties were created. The insular Republican Party was organized on March 18, 1898, the Unionist Party came into existence in 1904, when the Federal Party was dissolved to giv-e birth to this new party, and the Socialist Party has been in existence for m-any years.;e hiave the same responsibility and party governmenlt in Porto Ric o as vou have in any State of the Union. Before the general elections the political parties hold their conventions anal tlraftt their pl-tformns to be submitted to the people. As an example. I offer you the platformn adopted by thl.e Unionist Party on Septen!tber~ 1. 1!)20, two -monthl s before the general elections. The Republicall PIarty als:o Irafitedt its platfolrm and so did the Socialist Pai't\. Vt-, are follow-ing th.e same systemn which prevails in the Unit-ed StLte tIand we ha.ve done this since the American occupation. For thlis -,ison I consider unwarranted the assertion of the Secretary of XXa-; that the political parties in Porto Rico are in sort of a state of flux;nl that there is no responsibility and party government in Po,)io Ric.o. I now offer the platform of my party in Porto Rict',t t the last elec tion w e had in Porto Rico. Mlr. Davila at this point handed the docunent rcfe't'rt'l t:o t:., the members of the committee.) Mr. Chairman, before concluding my remarks I want to state that in my opinion it is important to bear in mind that the effects of the policy of the United States toward Porto Rico are not contined exclusively to the island. The West Indies, Central and South America are watching with interest the development of the people of Porto THE,C GV 'W'.. I t"I". IC O THE 'CIVIL Go'ERSMtI~T OF 156iTO 'RICO 91 'ship is that he will be a nativfe, t\,ou.r,.Scr.t.pY of. ar recognizes in his, statemfnt before0.} i coantmee tli lihre ~pe sutr able men in -Porto Rico to' occupy ths 'psit0ionaq4 tb4iis trle, te best course to follow is to g.lyeth people' tieppoPrtupty to elet one of these.nen, 'thus ho."ing ep ire confidence. iP. people of the island who will undoubtedly r spondlwith trup ap pepigatjSn to such a pOliCV. The Seretary, of War says.th.tY arQ ttr ee politiaal paties in the island aind that,they. r' juin so. rof g:state, 9;ofp He further says that we are no't divided in.phicili parwtes as 79yq were, 25 years ago, where there was responslbpliyt aS, party gveent. ' The, fact that there are three poltio Paritlesi L:brtp.ri o is, not a reflection on our people. Thee re arelso mqe than two poitical partes in other civilized countries, Englapd for example, an nobody will think that they are not prepared for slf-government becausQ 1thre are this many parties in existence.' Thiere tr o bg ppt o ialpartes in the Unitld States, and in addition theS;e iis i t.e,, AQF.p?erLabor Party and a Socialist Party. Besides, the'i creation and organrzation of a third part ' is,8~ r Qe oiwpo4gt9,.4a.mthe. preselit t. 4 ' Poied rto-da tlt t.~: 'T hSigUnU' ih"~<tt"d? St&'tdstffi'utAA one will say that the political parties in t is country.e insort of oftate. o fux ahd utprepated' for sdt-gorefn^'t f;, 2.,,,,,3 " The ekistRece of pohtital'p^4ri&'.i Pbifto q'Yfg444bUK t' the times "pf Sptabish 'orfeinineiAi& T Wrb't.46t;o tc &ti~s in those tiA's4'the ibrat 6b 'kdt 'dgkcliiVely f lRicans, an'4 lh' t 0 s MitW6, ' rbmtosed 'irioi6&t. dbsiuteit' of Spaniards. After the American occupatiiihth#bse'artieg We're dfissolved and new -parties were-cert&i;.'- ThP insulatr Republican Patty was organiezbtdFni March 18, l8kq8' the6 UJniOttitPt, ity. cai ittot e~istence ii 1J.90Op, wenP tS tla rptlyi t,d% 4T tv btht to' this nedw party,.and the.$oe.mlt Pfrty, has. eewo e'istee fo' many years..!. _We, h.ve tle, sa e ir9ypqls$blj4l: I( 1.apR gpyq4f..tgt, Ji Torto Rico as. yo.have' I ainy.! qStt p qp tip 4Aq 4rttprl4 eletiQo6 s ty9 p l4}crrpartipf th~lpdtqh rw platforms kobe, s, ntitg.d to i 1t\q 9lt(I. 4a, gn I f.pl. l 4P eY yt w the platfoprfimdoptpd.by the ii W-.arty ~r $pte.emi; 19?.Q, two months before' the general" kpti9.:;u P:Tapy also drctrd its phlatjpr-,ap$ yid:!th~.$oqist ~'arty. W' i.are following the sd syst~e, 's w h' R'mvi i^p tp,,AitlyteXps,n4 we hav.e done',,s shi,'th,et~#A9g9T h -..qi,'Oti9f, 4.f4h1 ireoan' I considr uinyarranle ttss;.sqr tq r qfveSptrePyoPt political.parttys inm P, tp il~.i QW,-^i.:&i't;o_ se4te4fltuz4 n!,4t there is,. no re.spops, ibity. pan.pygo. ~tpA9&A:, frito.5~i xo.;w,Offer the platfqmitow BPr0Y N&Wti9 a.t,,isi election wetadin. Pqgto. "cPCY. 1i. fys.t,,:i;:1i r.: eM~^Af th$c91W~p~tt^ q. ^^iYd Hq trriol~ o teul P m myopnrnon it '$ importy ^,tp IN# 44A # 'W i V..I ti slvely to the island.Te - ~W.pti,4P'9s- o; W e.o o are watching with interest the development of te people f Porto 92 THEE CIVIL GOVERNMENT OF PORTO RICO Rico and the treatment received by these people under the American flag as a test of your attitude and intentions toward your neighbors befonging to the Latin race. Even the whole world is watching the policy of the United States in connection with Porto Rico and the Latin American countries to determine how the experiment will succeed of establishing a perfect understanding between the two great families inhabiting the Western Iemisphere, the Anglo-Saxon and the Latin. If you are to succeed in destroying the misgivings and prejudices that have so long existed against you and in their stead developing a sincere, permanent, and fraternal union, which the geographical position of your republican neighbors in Central and South America renders so desirable, then the foundations for the success of such a policy must be laid in Porto Rico. 1 ''Thank you, Mr. Chairman. Senator WILLIS. Does any member of the committee desire to ask Mr. Davila a question at this point? If not, we will now hear the speaker of the Porto Rican House of Representatives, whom I understand desires to make some further observations. STATEMENT OF HON. MIGUEL GUERRA MONDRAGON, SPEAKER HOUSE OF REPRESENTATIVES, PORTO RICO Mr. GCUERRA. Mr. Chairman and gentlemen of the committee — Senator WILLIS. Will you pardon me just a moment? I wanted to ask you or Mr. Davila a question which perhaps has been answered heretofore. What are the qualifications for voting in Porto Ricoe Mr. GrERRa. Section 35 of our brganic act provides for that. That section roads as follows: That at, the first election held pursuant to this act the qualified electors shall be those having the qualification of voters under the present Porto Ricant law. Thereafter voters shall be citizens of the United States 25 years of age or over and having such additional qualifications as may be prescribed by the Legisiature of Porto Rico: Provided, That no property qualifications shlali ever be imposed or required of any voter. The Legislature of Porto Rico has considered the matter of imposing further regulations on our voters, but has not deemed it necessary so far'to impose any further qualifications. In other words, we have full manhood suffrage and our people have been enjoying that right since 1900, the (late of the first civil government under American occupancy established in our islands. There are a few political allusions in the Holy Scripture. The most important one of them is the one in which it is said, you know, "that the rulers of the gentiles lorded over them and they that have authority over them are called benefactors, but it shall not be so among you; those greatest among you, let him be the servant of all." I believe that these principles have been right at the very depth of American policies with regard to Porto Rico as ---- by Congress. In all the different enactments that you deemed it wise to approve, it seems to be, &fter the Spanish American War, you entered upon a new policy, not a colonial policy but a world policy, under which and by which you sought out and undertook the mandate of not only extending, your sovereignty to new peoples, but under the law of nations of caring for their happiness and for their becoming some lay a part of this Union, either as a State or as a full subgovernment. THE CIVIL GOVERNMENT OF PORTO RICO 93 The relationship between the United States and Porto Rico some have looked upon as one of parent and child, of guardian and ward. It is not so. The relationship is better measured if taken into consideration the best thought of American authors and writers. Not very long ago your own Department of State asked Prof. Alpheus Henry Snow to write a treatise for the benefit of the administration on the question of aborigines in the law and practice of nations. His report was published in book form, which have here, and he, of all American authors, I think, is the real authority on the subject. He outlines the policy as being one of trusteeship. At page 108 of the Question of Aborigines the following occurs [reading]: As a term to describe this relationahip the word "trusteeship" seems to be coming into use in the Anglo-Saxon world. When "trusteeship" is used in this sense it has not the meaning of trusteeship in the private law, but is used in a broad sense conforming to the literal meaning of the word. In the private law a trusteeship is the relation between.persons arising out of the deposit of money or property by one-with the other, with the object of having it produce an income to be paid over by the trustee in a specified manner for the benefit of specified persons or for specified objects. It is thus, in the sense of the private law, essentially a relationship concerning property rather than a relationship between persons. A trust in its literal sense is a relationship of an essentially personal character. In its modern derivative sense, especially as used in the politico-legal language of the present day, the word "trust" covers all the relations of a fiduciary character in which a person assumes a relationship of responsibility for or to another, as both the Oxford and Century Dictionaries testify. In this broad sense trusteeship is a generic term including all the fiduciary relationships relating to person or property, and thus includes the relationship of parent and child, husband and wife, guardian and ward, patron and apprentice, master and servant, as well as trustee and cestui que trust, agent and principal, bailee, and bailor, depositary and depositor, partner and copartner, etc. Further on, Mr. Snow states, on page 326 [reading]: When the United States extended its sovereignty over Cuba, the Philippines, and Porto Rico as the result of the Spanish War, the public sentiment was strongly against "imperialism" and in favor of the doctrine that "the Constitution follows the flag." In developing an exception of the law of nations which should take account of this public sentiment the American Government based itself upon the conception of a trusteeship implied in sovereignty. By recognizing this trusteeship under the law of nations, through acts of the Government declaratory of the trust, the relationship between the United States and the countries to which its sovereignty was extended was established as being social and not imperial, and the spirit of the Constitution was made to follow the flag and to permeate the spirit of the peoples within whose territories the flag had been raised by the power of the United States in conformity with the existing law of nations. The first act based on this fundamental principle of trusteeship occurred in the case of Cuba. On April 20, 1898, the day before the war began, Congress made a declaration of trust in favor of the people of the islands. IIn the preamble it was asserted that "the abhorrent conditions which have existed for more than three years in the island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States (and) have been a disgrace to civilization." It was thereupon declared "that the people of the island of Cuba are, and of right ought to be, free and independent. Having thus recognized Cuba as having a personality by and under the law of nations, the resolution then proceeded to demand that Spain "relinquish its authority and government in the island of Cuba" and to authorize the Prcsident to use all needful military and naval force to bring about this relinquishment. It concluded by declaring a trusteeship on the part of the United States toward '9 9'4 THt CIVIL GOVERNtMET OF PORTO RICO thl6'-p'SPc nof' ubh ',"tlhiui determining' its social relationship to Cuba, ~ ~a St'at eiiV 't oltdlwin words' '. ' ' | \V ~t ' t. r 9 i t^!. *; v P. | >, ' ', \ S., EThe United States hereby discqanms any:tspQot ip or intention to exercise sovereignty, j uriAsdltionl, qr 'ontrolf over said island Pxcept 'for the ppcification tftereod,' and l/sfert" it$ determinhtioti h hentch at is a'cconTilislied' to leave the ~government aird cohtrol of the island to it~'people. ' (U. S: St. L.; vol. 0, ip. 736, 739.): *,, *. The Supreme Court of the United - Statq, in,the,cae- of Neely. MtIekel (180 'U. S. 109), decided in January, 1901, iin construing the dcblarAtijon that "'the people-bf Cuba' are and oft right oufht to be free 4nd inhdependen,"' held that it meant "that the Cubans wee oetitltled to efi6y ' * " * ' that ffmeasure 'of selfcontrol which is the intalionable right of, ian, protected their:right to reap'the exhaustless treasure of their country," and that "as between the United States and Cuba that island is territory held in trust for the inhabitants of Cuba to whom it rightfully belongs and to Whose exclusive control it will be surrendered when a stable government shall have been established by their voluntary'action." Of course, a strong line of distinction must be drawn between our case and. that of Cuba, because wo are not asking for independence. Senator WILLIS. You do not desire independence, as I understand it? ' ' '; Mr. GUERRA. No, sir; we have not, since 1917, when tlie American citizenship was granted Porto Rico, it was granted in an optional manner. Those who desired not to adopt it were given 'six months to appear before a court of record and by Writing express that they did not desire to accept American citizenship, though 'out of our population of 1,300,000.people only 280 Porto Ricans filed these papers not accepting American citizenship. Senator HARISs. What countries did they becomn'citizens' f f? Mr. GUERnA. None.,.;.,. i.'..; Senator HARRIS. None at all?.. I Mr. GUJERRA. No; theby remaiihdf citizens of Poto'tico only. Senator HAXRt~.: Were they Spania'rdsot 'had been thero for some tinm e?,:" ' ' ' -"" ' '.'", '':. '. ', Nr,:,GmRkAt N; 'i th;ey: ere not Spanish subjelets.. They, w(sre.itizons ina the,ssoe. that you might say that iman: refused to be an American citizen b'ht remamis a citizen of Pennsylvatia.: Mr." DAVILA, Th'er6 atce nany now asking to beorme ectizens?' Ar. M!.,'GUERnA. There atq,many now asihng i. becpd e, cqiizns, and quite a good many of thefm have asked niow the xight to become American citizens by' naturalizatioin., I know of 10 or 15 potitions being received from those 280:. ' Theo Amorican Government, issued. a po'colomatoii lo, wl.hiL reads 4s follows, w regard to thePhdiippinaelslands ireading]:. 'Th'e aim and 6bjet Qf- t' Americ4n Government, aiartfrotij 'te f'idlkl'.t of the solemn obligations it' has, assumed towar'd' tie,family 'f' 8 ations 'b thf acceptanice of thbe'hsvdreigty ver the Philti)bpin~Q Irahnd&, is tI1e w'el -:linlgj the prospetd;. anid o tfie!vappines i 'of 'fhe PilfjpPfn', people e' aM'id thieir ' elevation a'nt' advanceme'net to' a posiibn' a'moi$g' h6 mmot civiliie'd p4oplcs f the v: ord Professor Snow, says:., - This: proolaqaheonl,tasevi~ently inteudedi to standc a. s9r,Prminenwt (tunda+ iental constitutioqi' ad, conmpact,.esttblishin*g.te trrns.of the trulstpchip whjch the United. Stateg re6gnilzed itself qs: assuming under theC law I 'nations, as re'pects all yi6plbs anhd'-territ6rie' oV;er 'ihi'h it! ifn y ' irxnheri extends its.woveredeignty; i The, acts agrqed to' be ddn.wet re reognized as induihebnt upon it..boe4ic they.we;e fiU reedual 'iI exequtiotof those prinpiples qf sciaf: &tatiopships which havce a universal character, and which are expressed or implied in the preamble of the Declaration of Independence and the Constitution; these principles, by reason of their universality, being recognized as principles of the law of nations. I 94 THE CIVIL GOVERNMENT OF PORTO RICO the people of Cuba, thus determining its social relationship to Cuba, as a State, in the following words: 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. (U. S. St. L., vol. 30, pp 736, 739.) The Supreme Court of the United States in the case of Neely v. Henkel (180 U. S. 109), decided in Janulary, 1901, in construing the declaration that "the people of Cuba are and of right ought to be free and independent," held that it meant "that the Cubans were entitled to enjoy * * * that measure of self. control which is the inalienable right of man, protected their right to reap the exhaustless treasure of their country," and that "as betweoi the U nited States and Cuba that island is territory held in trust for the inhabitants of Cuba to whom it rightfully belongs and to whose exclusive control it will be surrendered when a stable government shall have been established by their voltuntary artion.." Of course, a strong line of distinction must be drawn between our case and that of Cuba, because we are not asking for independence. Senator WILLIS. You do not desire independence, as I understand it'? Mir. GUERRA. No, sir; we have not, since 1917, when the American citizenship was granted Porto Rico, it was granted in an optional manner. Those who desired not to adopt it were given six montlhs to appear before a court of reQord and' by writing oxpre.ss that thlev did not desire to accept American citizenship, though out of our population of 1,300,000 people only 280 Porto Ricans tiled thes0e papers not accepting American citizenship. Senator HARRIS. Vhat countries did they become citizens of? Mr. GUERRA. None. Senator HARRIS. None at all? Mr. GUERRA. No; they remained citizens of Port o 1i) oanly. Senator HARRIS. Were they Spaniards or had beon thLive( for )some time? Mr. GUERRA. No; they were not Spanish subjects. Tho1\- were citizens in the sense that you might say that man refused to be ian American citizen but remains a citizen of Pennsylvania. Mr. DAVILA. There are many now asking to beconte citiztn.li! Mr. GUERRA. There are many now asking to become ('itizens, and quite a good man- of them have asked now t he ii iht t, become American citizens byv naturalization. I know of 10 or 1.5 petitions being received from those 280. The American Government issued a proclomation wli,.h reads as follows, in regard to the Philippine Islands [reading]: The aim and object of the American Government, apart fr)om!In, f;titiiimfent of the solemn obligations it has assumed toward the faminly of tilioTls L) the acc6ptance of the sovereignty over the Philippine Islands, is the wu'll-beiig, the prospertiy, and the happiness of the Philippine people, and th.ir elevation and advancement to a position among the most civilized peoples of Ihl w-or.ld. Professor Snow says: This proclamation was evidently intended to stand as a p)cirnaneiict funiamental constitution and compact, establishing the terms of 'tle tri.-tce.itni which the United States recognized itself as assuming under the law 4f nations, as respects all peoples and territories over which it in any manner extends its soverereignty. The acts agreed to be done were recognized as incumlwunt upon it because they were all needful in execution of those principles of social relationships which have a universal character, and which are express;ed or implietc in the preamble of the Declaration of Independence and the Const itiuti: these )rinciples. by reason of their universality, being recognized as principles of the law of nations. THE CIVIL, GOVERNMtNT wOF PFRTO RoO r95 Mr. Snowproceeds to says:': ' ', '. ':; Elihu Root, who was the Secretary 'of War from 1899 to 1904, and thus in principal charge of the relations with these countries during the period when the American Government was thus formulating and applying its conception of the true principles of the law of nations governing such relations, has recently described this evolutionary action of the United States. Speaking particularly with reference to the Philippine Islands, he has said: " We acquired the rights and undertook the duties of sovereignty. We declared a trust for the benefit of the people of the islands. * * * We can not relieve ourselves from the obligations thus assumed except in one way, and that is by carrying our performance to such a point that our cestius que trustent will be competent to take care of themselves. * * *" We always learned to love and respect the Secretary of War under his competent administration of affairs of the island the past few years, but I believe that his point of view is rather conservative. For instance, in his short statement before the committee he expressed himself thus: You did not take New Mexico into the Union-using that as an examplefor a great many years after they had sufficient population to warrant their being taken in, largely because of their state of literacy; and when New Mexico was admitted there were but 1S per cent of the qualified voters who were illiterate. There are some States of the Union to-day whose illiteracy is larger than 80 per cent. Senator HARRIS. What is the Porto Rican literacy? Mr. GUERRA. To-day it is about 50. In 1900, right after the Spanish-American War, our literacy-well, I will put it another way, we have reduced our literacy in the past 25 years something like 25 per cent. But there are some States in the Union to-day whose literacy is larger than that of Mexico. Vet me emphasize this point, gentlemen of the colmmittee: The question of education in Porto Rico and its future as revealed by every American author and writer is well known. The Russell Sage Foundation, as you know, was established to enhance the progress of education in the United States. Before starting to work they made a sort of canvass of educational conditions in the Union, including the Philippine Islands, Alaska, and Porto Rico. They followed in that study the same system which the Department of Commerce follows in volume, prices, and market conditions. A State of the Union that was under No. 1 nmeans that that State has the largest number of school children in school, pays the highest salaries, the education is more efficient, the teachers are better cqualified, etc. All those factors make up No. 1. The great State of Ohio comes about third or fourth. Illinois comnes second, and then down the line of all the States under the flag we have the honor to come right on top of 11 States. Senator WILLIS. What is that document, Mr. Speaker? I want to get that information. i never saw it Mr. GUERRA. It is quite important. It is the report of the Rnssel Sage Foundation given in 1920. You will find the document very well cited in the report of the Governor of Hawaii to the Interior Department for the veat1921 We can not do ejlrything at once. It is impossible. We have not the financial means. It is said with no criticism and no disrespect, I !;fE IVL, GC &OVPEM-It.t ftt b'TitCOo t*:.,Mr.rSwopro t.E eet,;to sy............... V-n Y jI: `66titia!,?ho ~g "ii S)e cre a r qt ' m.o9 i ^ '.t. I i 1AihttWV'haFge 6f thi?el^ftit1Ui it tesd3dtignt4dnVfIAWIe WAmod olAnleiedan ^vqinaebt;:atiatthusab ferchul~pi-*aa, lsp ttpi '~! bdftbp'io6i4 'the [t{ppr^,i-pl~ tpf,)#le,,, nofp9~in tovy~al'g, anch.e MtaVo1, 'hascTmntlty described this evolutionary action of the United States. Speaking particql4y,with reference to the PEhlippine Islands he has said:. i,,. 'i I We' M iit4{' d 'the' fghts-i-hiih,t4hb6Olt h d yu/-& For Wveignty We 'df lai" a.tru.rAn,for.<he:;bidefitrof tiA p'oopIteV f'thies1l ts:' s' t* (':'We Ican ~pt rhe 4v 1 pPrtsly~sfo j o e O^ig tioAq i trtc,-aWnrdio e nefivp, anal.thtl'a h-~Q rerfoligpnce..qh:p9,tuh1i4ux,~ stitsjq2trpstqnt W &. beiaet.lre bto. is c r e of t emselves. * * *'e - * WpVso m',[ 4.iqy. d4w.,ch Ee cs,, $}Oy'aWzn ',y^^^bAbif;Oni e d;'s ~ tbtt u 4.14, $!4nw is.9t.heQ..rXit gtafre. o.^S ^ Q^ a ' 4 ',itX;i 'p.|^fA. s z',, 2k).? n, e J f i ' t /ou gt i ot taike New Medico iator ltc [rnitning w th'atit'aA 6'*tr ay.l fr aA neaet, r.dn, Y rg: j aftr ertley,t'4. i,esl tifrtTpQp.ltOj t wdrratu1 tbh4r. being8aklnii.>tgqely Lq. jsq of thtcr1yL Aitt c.fW w Mezjp whA'sa6mitted there "re ~ ut 1y e 4cei4 nt P the pualine vy ers;w6p were piiter eit. 1," ' T '..alzget thane SO m.'Ver &iit.1. ot~ '. i. ",'t '-jzd g. WP,Q. lVr.Jl} 'is* 'V i -rget $t rp ' ' '-hi > t if": i,....' "" ' 1f I-, S j r '". t ~t"' 1 s.* ) f l; s )., Spanish-AhmericanWar1 %14 UJJ 't aier way, 'Ve have'Tdedu1ce ourt hracy i Vtli'.pat' yiwai ^Qomthgige 1k..,, 'ti ete, are some ftraiS d th i?& 4 k a- 4 wnq i444 is ~.,,e 'than t. at of MexicQ..,,;, -,t ), t ts Lt mtet ta;~tms thpint,.* eqeen 91'1. pq^mteej2tp 'd~est16ii ojuO'edution: iin P.ornto. Rlto6 i nd{.6 ts, ijiturr,,aQ.pwealq4, by Meery' Mriicatn au'thuor and.w Sers 1 t. %...W.. r.i. The. Russell Sate F dinfdtoh, asyQI MEwI w, &'e"aJ:ided to;lhgS tes ydpw; b1< ag' we4 1p tbqhoQor t nis..ta;. t cty,~>u, ^. k.ej+ L^, ri..;:4, 16, t L ptXit p t Santntls;. d tAU eit^My E4@; a~FR,t;4T q( 3,22U.,; Yrto ltl rfihn4pi W cJ tYfrJW > Qoyqenpr of;Wzxwauato tflsh4nttrhi$Y9pWbty i1,.sa.id, wLt,.fn~ n 9 tt1QSlpsi,qn$ 6 Idlrespe6it, 96 THE CIVIL GOVERNMENT OF PORTO RICO but every time I see the millions of dollars crossing the ocean from this great, big, generous-hearted country to Europe, to Russia, Czechoslovakia, and Rumania to help those people, instead of seeing this money come down to Porto Rico to educate and help us raise our percentage of literacy, sometimes I wonder if we are not'considered now. So we are depending all on our own selves. We do not want to ask for money. We will take care of that problem ourselves. We are proud that some day when we wipe out our illiteracy it will be done by the efforts of the Porto Rican people. Of course, we will welcome whatever assistance we may receive from the United States, but we are doing that with our own money raised from our own taxes. The problem of illiteracy is confined only to the old generation, the generations that were adult at the time of the Spanish-American War. Those men were too old at the time of American occupancy took place. You can not expect them to attend schools. You remember I was chairman of our ways and means committee. We put in a large item for night schools, but the poor people —our fellows-could not come, because they were so tired after working from 6 o'clock in the morning until 6 o'clock in the afternoon in that hot tropical sun, cutting cane or picking cotton away up in themountains. They did not have the physical energy to attend school. But with the younger generation that problem does not exist at all. Even in towns like San Juan, P. R., where I was born and raised, there was a literacy of 15 per cent; almost everybody can read and write. I do not know, but there seems to be a passion to gauge and measure human rights of people by the question of education. Senator WILLIS. Are some newspapers published in both languages? Mr. GUERRA. Yes, sir; there is the Porto Rican Times and the Porto Rican News published in both languages. The number of people who have come to this country to study, both men and women, since the American occupancy is enormous. Most of the leaders are graduates of American institutions. Senator WILLIS. Will you permit me another interruption? I would like to ask another question not on the line you are now discussing, but I was wondering what you think about it. There has been some question as to the time when this should go into effect, in the event the bill is passed. The bill provides that the governor shall be elected at the election of 1928? Mi.. GUERRA. Yes, sir. Senator WILLIS. Of course, you desire it as soon as possible. I wonder how your people would look upon it if the committee in its discretion should think it would be better to wait two or three years. I do not know that it will be; I am just wondering how you would view the matter in that event. Suppose the committee should reach this conclusion that it would not be desirable at present, but perhaps three or four years later? How would you view that? Mr. GUERRA. We know that Congress is quite busy and that the Congress would approve waiting without any harm or any disparagement to our people, but that you were just feeling the matter out 'and trying it out. This great big machinery has to move very slowly. This is a very conservative Republic. We know it is one of the most conservative countries in the world; in spite of all this clamor it is vey conservative, and our people would not take it as THE CIVIL GOVERNMENT OF PORTO RICO 97 disparagement, simply that the Members of Congress in their wisdom have seen fit to decide that we should wait. Senator WILLIS. In other words, the principle is the important thing, if it can be carried out within some reasonable time? Mr. GUERRA. Yes; but, Mr. Chairman and gentlemen of the committee, whether it be in 1928 or 1930, there is one thing I would not. like to see-and I say this as a friend of America and as a good American citizen-do not leave that clause in whereby the President of the United States is given power to remove our governor for cause, because it would look just like an act ofMr. DAVILA (interposing). He is referring to the amendment provided by the House committee that the President could remove th6 Governor of Porto Rico for cause. The House committee reported the bill favorably with that in it, and he is referring to that. Senator HARRIS. I want to hear you on that, because I am disposed to favor that. Mr. GUERRA. Will you allow me, Senator, before reaching that point, to finish something I had in mind? I was going to say that some conservative people think education is everything in human rights. There were more illiterates in this country when Lincoln was elected to the Presidency than there are to-day in Porto Rico. Senator WILLIS. You mean proportionately more, of course? Mr. GUERRA. Proportionately more and absolutely more, too. Senator WILLIS. Absolutely more-but the country is a great deal larger. Mr. GUERRA. There were more illiterates in this country at the time when George Washington was elected than in Porto Rico. Senator WILLIS. You mean the percentage of illiteracy is higher than it is now in Porto Rico? Mr. GUERRA. Yes. And you people had qualification up to 1848, something that would be abhorrent to the American people of todav. You people on the continent and our fellow citizens on the continent have recognized the right of our citizens to vote, in the organic act. What have you conceded giving the leaders the right to vote when you are giving them the right to elect, too? Is our governorship of more importance? Senator HARRIS. Congress could expel a member'? Mr. GUERRA. Oh, yes, indeed. So we would impeach our governor also. You trusted these illiterates with prohibition. I do not mean to say by stating that that we were very wise, but I resepct the opinion of others. But our people went dry. Senator BROUSSARD. You had an election? Mr. GUERRA. In 1917 we went dry, and in spite of the propaganda that the wets were carrying on. Mr. Chairman, some time ago I spoke about the - of the governor. For instance, you pro-; vided further by section 2 of our organic act that at no general election within five years after 1917. These same branches of the legislature were given a right to elect members of the Porto Rican Legislature. Our people have been exercising that right since 1917. The representatives they have chosen are best judged by the character of the laws we have approvcd. 98. * ijAQ TaHi C-yT,,VI p.O q,,V, P& Q IrJ QO, S.etor pQUSSAKR. P Wefor,you p tsatlat, mny: I inqpire whether, I un erstood correctly whefMb,J.wil s4 isoiv o q tion, had-beeu' taken. in.t teo ouse W.,,,W,,8ap iiti elatu sri'icke ot i4. thel Iouse?, - Mr. DiAVX. ItlwU ddd44e,4tp 41p kl k ity othe, momitee m1d pQf vi.led. fyor te.,enoyl,off g 'yoYrour.b the, Presidq'nt o, t14aiRted St' e 1fp; sau r b y *;. ^ A 'hat, agX ex d i tj.sse l, sd repq ed,b y thjo ycjqipee qtdith; ^l ha been repomtd favvorably by,t i e., -;! ) t i 4 qe i <. $exnutoy, MIAMZ1IN 1k isibfqrPI 4l4i %Jqse;t!ioW as eai cpQnmittee, amelhdment.,?.,^ * ',, ~ r ii Mr. 1p^vA1A.y, Of9, urse,. qe,do not; agree,wit. thet,ameadmeat, bitit was., epq4&f fwyra7ly by thpo 01,u1,te..,. u H\ / ~ Se[,txtr WBpi/0u,,,Jd> p,Ipp qujt, undor;tOTgd yet. Yoivt fyivr, thle prdpos4ed ae xnw4 A owi het e:,t us...,; Mr.,. uQu;, NP,. 4;y;on.i ~ th9 ecni'ry,.blieve.that. Qcongress feels confidence enough and will trust Porto Rico unovg4': tc giy;,, us the riglt tQ.plecQt a govgrp it shoulad b.;dopmn nqualfiedly. Senatoir ~tlmA-Isi. t.Tsiamedmeat leves'it.'o,yonr congress,.to.., remveq the gboeraor.qr thA. PqsiXe:. f 4thq..Ugited {states, eitly o n e?. *..' - i- 4I i a f. i ~ 1,, Mr. OGm1 4..Yes;;,.:. oll... '.....,,.;.. Senator, is Q,,u lyo, gt. prqfer haling it, oA the President 's4d-.npt;'a, B4ttTt.whwt obje~t;ion, }vqI*l tkerebe; Jt~ '.tt kno~twp9 l.;. t "l.;,...,' Mr. GUERRA. Just so the people will accept it as if it were soer thuag ttht.was,done to; thom i r a grudging manrer,' a gift.ith't.wgs given grtdgigly, and not aFeoognition.of our people having rebached majority.,.; -It. woidd -be jt like my bbein appoin ted,pashier..ofia bank-and having two detbetives b my side. ^,...,. ";,,I wilt. tqll ryp9 wiy' the ops.q9rvative.minds of the Nattion.ahoou not fgl.ot a, minnute, %..:haitrm; d. a d' gentlemeri, n te. Cpom-.. mitteeq,, ano bj etion 't9; gwttipg. of thib.power.. I, wAl recite, to you. a fewv tf th pont. f ct hat hawill,he left be.twen, orp Rico and the Nation even after this right is granted the people,of. o.t0.' Ricq and tbhe In. yu w11 see why these poiA qta.of contact. are despred and,9w n nees's'y. and, useless, would the e.sugg$ation,,ie, and it. will savC not a little resentment. 'But my people wivll feelt hy. hav e,,. not been trusted fully, but pnly. sort.Qf half way....,. *.;..T h.tr, tp,Oit pof,,,cot ct is ihe. atditoxr Theu,%gud.ito. io 4fqv i Rico,,.f tits, pil pafs o, w"Ltrenainas he; is:tpday an 4ppodnlee 4f. the p!ridQbt 'pf p e Uaed'..Stke~,i withtih '4voe.d,and 'ton^.ent f 4 your Senate.' That positio.,sp et, by, aecton.20 o-f, ur. prganio act. Permit me to emphas q.tq,i ' fact that,!eill uin u yQd '.cpr-' sidr,.tiona, am ends ou orgaaqc. acftit two seoctin; ojlty, a-7 0o referrking'"t. thp goveranot,rwd ihe' one creating.i a'dppartmnnt,pf lboi. i. As. you,will see section 20 6f the 'qrganic act whichr eates.te, ' ofce 'of ardto rads in parti as611s llows 'reading]:. ', The decisions of the auditor shall be fintLj,.ecqcpt, that appeal therefrpom. inay, be takien by the paty, agg:ivyect or te. liead. of,the departimen coneperned within one year, in the maffnir hereinaftcr prescribed. The aiditor shall, except as hereinafter prbViddd, hav6 like authority 'as that confetted by the law upont the several auditors of'th'e 'Uiited" States. and the Compotroller of the United.. States Treasury,. and'is authorized to, communuicate directly. with any person having claiirs before him for settlement or with any department, officer, or person having official relations with his office. 98 THIE CIVIL GOVERNMENT OF PORTO RICO Senator BROUSSAtD. Before you pass that, may I inquire whether I understood correctly when Mr. Davila said some action had been' taken in the House? Was this clause stricken out in the House? Mr. DAVILA. It was added to the bill by the committee and provided for the removal of the governor by the President of the United States for cause, or by. That amendment passed as reported by the committee and the bill has been reported favorably by the House. Senator HARRIS. It is before the House now as a committee aniendmen t Mr. DAVILA. Of course, we do not agree with that amendment, but it was reported favorably by the committee. Senator BROUSSARD. I do not quite understarll vet. You favor the proposed amendment now before the I-Iouse? Mr. GCERRA. No, sitr on the contrary, I believe that if Congress feels confidence enough and will trust Porto Rico ernough to give us the right to elect a governor it should be done unqualifietly. Senator it.ARtRIS. This amendment leaves it to your congr'ess to remove the governor or the President of the United States, either one 2 Mr. GL'ERRA. Yes, sir. Senator HARRIS. Of course, you might prefer having it. so the President should not have that" power. But what objection would there be? That is what I would like to know. Mr. GUERRA. Just so the people will accept it as if it w-(ere something that was done to them in a grudging manner. a gift that was given grudgingly, and not a recognition of our people ha}t-Vinv I'laheed mlajority. It would be just like my being appointed ca:<hier lf a bank and having two detectives by my side. I will tell you why the conservative minds of the, SNtihal should not feel for a minute, Mr. Chairman and gentlelmen (lf!h conmmittee, an objection to granting of this power. I will rcitet tl, you a few of the points of contact that will be left between Pr l'tt, I"ico and the Nation even after this right is granted the ipeople ',f I)lorto Rico, and then you will see why these points of contactr;It'' I. lired and how unnecessary and useless would the suggestionl 1]1.;,lnd it will save not a little resentment. But nmy people will friel 1i]. V iultve not been trusted fully but only sort of halfway. The first point of contact is the auditor. T'he auditor, l)orto Rico, if this bill passes, will remain as he is to-day tan i.)l)liiitie of' the President of the United States, with the advice ian.l c',oll'tl!t of your Senate. That position is created by section 20 t' of0lI' o,r 'l;LlAi act. Permit me to emphasize the fact that the bill undervr i-r ilnsideration amends our organic act in two sections onlyl — t lte one referring to the governor and the one creating a departmenlt i, lali r. As you will see, section 20 of the organic act -which il 'rt';es the office of auditor reads in part as follows [reaing]: The decisions of tle auditor shall be final, except that appe:l I iTet'rfi itnlay be taken by the party aggrieved or the head of the deIpartlln'ii; (crit.rtrie within one year, in the mantner hereinafter prescribed. The anliilto, ni.ili,:(xcept as hereinafter provided, have like authority as that conferredt Ii ti!. i. -W Ipt)xll the several auditors of the United States and the Comptroller, i 1:1' I' itec States Treasury, and is authorized to communicate directly w\it ti 'n tLcrsoll having claims,before him for settlement or with any cle)palrtlt-c rll.,lliltcr, or person having official relations with his office. THE CIVIL GOVERNMENT OF PORTO RICO 99 Senator WILLIS. Will you. permit an interruption there? Why,would there not be the same feeling about that among the people of Porto Rico that would obtain, as you say, in the case of the governor? Mr. GUERRA. When the matter was brought up we advanced only the point of governorship and did not mention anything about the auditor. As to the governorship with the power of removal, I know that no President of the United States will remove the governor of Porto Rico unjustly. I know that. I have full faith and confidence in the sound heart of this country. But it will lead to this situation. that that governor will be the victim of petty intrigues to put stabs in the back of that man. Really, it is a very peculiar predicament in which this governor is going to be placed. The Secretary of War speaks of a responsible governmentaovvernor —a governor responsible to the people who hhave elected him. That is what we want. Senator -HARIS. So long as the governor was responsible to the people, the President of the United States would not use his power to remove him; so long as the governor did what you suggest he would do, the President of the United States would have no cause to remove him. Mr. GUERRA. Not at all. I do not believe the President will ever exercise that right. For instance, you gentlemen, since you extended sovereignty, right from the time of the first organic act passed in 1900, you have had the right to repeal any act of the Legislature of Porto Rico. Senator WILLIS. And that is supposed to be continued; you tlo not propose to change that? Mr. GULERRA. No; that is continued; that will be another point of contact. You have never exercised that; I know that the governor of Porto Rico will never give the President any grounds for re-moval. Senator WILLIS. I must be in the Senate chamber a few minutes before it meets. I hope it will be possible to close these hearings this morning, and vou can run on until after 12 and then you can file anything that you have not reached to appoint Senator I;rr'is to preside. I must now go to the Senate. (Thereupon Senator Harris took the chair.) Mr. GUERRA. These points of contact are about 32. I just mentioned the first one. The second point of contact is the Supreme Court of Porto Rtico. Your courts have the power to pass upon the rights of the community and protect them from any action of our legislature and future elective governor. The Supreme Court of Porto Rico will remain as it is, a bodv appointed by the President of the United States with the advlice L and consent of your Senate. The supreme court is created by section 40 of the organic act, which reads as follows: That the judicial power shall be vested in the courts and tribunals of Porto Rico now established and in operation lnder and by virtue of existing lawx. The jurisdiction of said courts and the form of procedure in them, antd tile variols officers and attaches thereof, shall also contillue to be as now provicled until otherwise provided by law: Provided, however, That the chief justice anld a.ss-ociate justices of the supreme court shall be appointed by the Presiclent. iy.:ind \witi the advice and consent of the'Senate of tlhe United States. This section is left untouched. I THE CIVIL GOVERNMENT OF PORTO RICO i98r Senator WILLIS. Will you permit an.inturruption tqev; e- Why would.there not be the same feeling abouit that among tjie pqpple of' Porto Rico that would obtain, asyotuhsay, in the ce;ot.e, governor? Mr. GuERiA. When the matttelr was'brought up /we advand i bly the point of governorship and did not ' meption a4nythig abut.fie' auditor. As to the governorship with the powrer of, removal,. I know that no President of the United. States will remove the governor of Porto Rico unjustly.. I know that.'.I-have full' faithi and c4^Qlfidence in the sound he.art of this countrv B it it ll lead to..this situation, that that g;overior will be the vigtim of petty.intrigesi. to put stabs in thb back of that maw feally, t is a very ppcul4r,, predicament in' which this governor is going' to be placed.:;,' The Secretary of War speaks of a responsible government — governor —a governor responsible to the people: who have elected. him. That is what we want. ". Senator JHARRIs. So long as the governor was responsible to the people, the President of the lTnitpd States would xiot use his power to remove him; so' long as the goyernor did wait you suggest he would do, the President of the United, States would have no cause to remove him. ''.. Mr. GtuXERA. Not at all. I.do, not believe the President will ever exercise that riglit. For instance, you gentlemen, smine yo.u extexided sovereignty, right from the time., of the, firs.t organic act passed in. 1900, you have had the right to repeal any act of the Legislature of; Porto Rico. Senator WILLIs. And thatissfsupposed to bo cintinued; you db not propose to change that?.' Mr. GUEinRX4 No; that is conting4 that Wll be anothey point of contact.' You iave never exercised that;,1,know tat,the governor of Porto Ri&68 will never giv tihePreident any grobn for removal. Senator 'WiLktit I must t i, eTia4.'.9 tfmber: t 4 frdiu tes. before it hieet; I fhope it wi4t be, ptsibt 'to close tiaesherigs.t.s mo"ning, aid -ou can, run on, uqtil aftertg'l2h.nd then yp.u can, tile any`thing that 'you' hve 46ot reached "to appintl Set9ir 4arnis to preside? ' I niiiut oW g 'to' the Senate.", (Thereupon Senator Harris took tpy.9.)',: ',, ',, ' -!t' tiMr. G ru A. These pon ts Qfchntac r.e ab >4. 4 tioned thd. first 'one:: )u, ~it';:',: ', ', The, p t O c t upre 6f co ita b' tr. Youtr ddurti' h0W~e: thet power to pass upon the ng "i}t',o 4 4 m -,: munity and protect them frQmnapy ttip4 qu1hegf tre tt; elThe St': i;:t' '"o " 'r '&o' r'v'"l " '"':.', -,if r. appoiAted b y the Prdet o, ', consteglt o $u r Seriat&e P9TheTee^c hypc t) ~ of'th6-o}gakic att, Whilt rea! s as tollows' " 'e.....: i That the judicil power.shall he yestd in thc qourts a}d ttribunais af Porto Ri<6 now sta 3l1ihW difti Vt opiw 3 4I itkein tli{N4t'ihg iTts^ jurisfictibn'of ^ i'"dotfCti 'h&'g o1{d'kta"' 'df 'k etA, a '$ f.4.' 4 oxlett4s ati 4 kztchiifee6, m,reciai r a n P 'g 'rP;IY 'as' nIv othefiwise prcOided' B iah: ProvidtditawSi6e4 at tWe i ejiulstiae aihta iatd' justices of the supreme court shall be appointed by the President, by adI'with i the advice and consent of the Senate of the United States. This section is left untouched. 100 'THE CIVIL GOVERNMENT OF PORTO RICO How about the jurisdiction of the supreme court, you will ask? Section 43 of our organic act, which is left untoucthed by this bill, answers the question. Section 43 says: That writs of error and appeals from the final judgment and dcrees of the Supreme Court of Porto Rico may be taken and prosecuted to the Circuit Court of Appeals for the first circuit and to the Supreme Court of the Unlited States, as now provided by law. These appeals, as you know, may be taken in cases involving, any Federal or constitutional question. That is left untouched. That is to say, in case the governor should approve legislation by legislative assembly that was not deemed wise, tnat was inimical to the rights of the people, the Supreme Court of Porto Rico would pass the legality of these laws, etc. Then you have appeal from the Supreme Court of Porto Rico to the circuit court in Boston or the Supreme Court of the United States to finally pass upon this. Senator HARRIS. My idea would be -— pardoll me interrupting you — that the United States has given certain powers there, andf when you have shown that you are worthy of increased power I would be dispose(d to gratdually increase your powers. But I would think that for a few years it would be better to give this authority to the President, not with the expectation that he would have to use it. In respect of our Territories the President had that power, and I woult not consider it any reflection on the people of Porto Rico or lack of trust in them. Mr. GUE1tRRA. Would there not be a distinction, Senator Iarris, between the territorial government in Porto li'o in this, that the territorial governor is appointed by the President of the United States, while in Porto Rico he would not be appointed by the President of the United States but elected by the people tlere? Senator IHARRIS. But we are giving you more authority than we (lid our Territories. We did not 'give them a right to elect a governor. We have gone beyond tlat andl have given you more power. Mr. GUERRA. I can readily see and I am willing to tell my people that I know for a certainty that it does not mean any disparagement on the part of Congress. Senator HARRIS. None whatever. Mr. GUERRA. I know you people; I have been in contact with you for many years, but I know it will take a long time to explain it. Third point of contact: The United States Army; the Federal troops in Porto Rico. Fourth point of contact: The Naval Establishment. Fifth point of contact: The National Guard, which, be it said in passing, stands first in efficiency in the whole Nation. Sixtti point of contact will be the district court of the United States in Porto Rico. This court is created by section 41 of the organic act. It says: That Porto Rico shall constitute a judicial district to be called "the district of Porto Rico." The President, by and with the advice and consent of the Senate, shall appoint one district judge, who shall serve for a term of four years and until his successor is appointed and qualified, and whose salary shall be $7,500 per annum. THE CIVIL GOVERNMENT OF PORTO RICO 101 What is the jurisdiction of this Federal court? Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens or subjects of a foreign State or States, or citizens of a State, Territory, or District of the United States not domiciled in Porto Rico. This means that nonresidents having business or interests in Porto Rico can have recourse to the States district courts. Section 42 of the organic act, which is also left untouched, provides as follows: That the laws of the United States relating to appeals, writs of error and certiorari, removal for causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the district courts of the United States and the courts of Porto Rico. In other words, litigants will have the right to appeal from the decisions of our federal court either to the circuit court of appeals or the Supreme Court of the United States, in accordance with law. Seventh point: The United States Bureau of Immigration. Eighth point: The postal service, or the United States Postal Service, conducted by officials appointed by the Washington Government. Ninth point: The customhouse service, all the officials of which are appointed by this government. Tenth point: The coast light service. Eleventh point: The weather bureau. Twelfth point: The agricultural experiment station. Thirteenth point: The veterans' bureau. Fourteenth point: The children's bureau. All these are federal instrumentalities and agencies. Fifteenth point: At the same time we are asking you to give us the right to elect our governor we want you to extend to Porto Rico certain Federal laws. The extension of these Federal laws to Porto Rico would not separate us, but, on the contrary, it would operate as an intervention of the Federal Government in some of our own activities. It would being about closer relations between the island government and your Government. Let us come now to the sixteenth point: Export duties. Section 3 of the organic act says: That no export duties shall be levied or collected on exports from Porto Rico, but taxes and assessments on property, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purpose of the insular and municipal governments, respectively, as may be provided and defined by the Legislature of Porto Rico. 1 Seventeenth point: Your tariff law is in full force and effect in Porto Rico, by virtue of section 58 of the organic act, which is left untouched by this bill: That all laws or parts of laws applicable to Porto Rico not in conflict with any of the provisions of this act, including the laws relating to tariffs, customs, and duties on importations into Porto Rico prescribed by the act of Congress entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April 12, 1900, are hereby continued in effect. Eighteenth point: Our American citizenship. That is the eighteenth point in the order I am following, but in reality it is the first. 91244-24-PT 2 -2 102 THE CIVIL GOVERNMENT OF PORTO RICO Nineteenth point: It is covered by section 9 of the organic act, which says: That the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal revenue laws. This section of the organic act is left untouched. Twentieth point: All judicial process in Porto Rico shall be issued in the name of the United States, the President of the United States. That point is covered by section 10 of the organic act. This section of the organic act is also left untouched. Twenty-first point: It is covered by section 11 of our organic act, which is not amended by this bill. Section 11 of our organic act provides that- All reports required by law to be made by the governor or heads of departments to any official of the United States shall hereafter be made to an executive department of the Government of the United States to be designated by the President, and the President is hereby authorized to place all matters pertaining to the Government of Porto Rico in the jurisdiction of such department. Permit me to call your attention to this important section 11, which authorizes the President to place all matters pertaining to the government of Porto Rico under the jurisdiction of a department. As you know, that department is now the War Department, and our relations with the executive of the United States, through the War Department, remain unaffected by this bill. Twenty-second point: The President of the United States, as you know, is Chief of the Army and Navy. Section 12 of our organic act reads in part as follows: He [the governor] shall have general supervision and control of all the departments and bureaus of the Government in Porto Rico, so far as it is not inconsistent with the provisions of this act, and shall be commander in chief of the militia. He may grant pardons and reprieves and remit fines and forfeitures for offenses against the laws of Porto Rico, and respites for all offenses against the laws of the United States until the decision of the President can be ascertained, and may veto any legislation enacted as hereinafter provided. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Porto Rico and of the United States applicable to Porto Rico, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the island, or call out the militia to prevent or suppress lawless violence, invasion, insurrection, or rebellion, and he may in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus or place the island or any part thereof under martial law until communication can be had with the President and the President's decision therein made known. Twenty-third point: The heads of departments are also indirectly under the jurisdiction of a department of the United States Government, as section 13 of the organic act, which is not amended by this bill, provides: and they shall make annual and such other reports to the governor as he may require, which shall be transmitted to the executive department of the Government of the United States to be designated by the President as herein provided. Twenty-fourth point: The governor, even if this bill passes, will have to report all the laws approved by the Legislature of Porto Rico, to the department to be designated by the President and to Con-. THE CIVIL GOVERNMENT OF PORTO RICO 103 gress. That point is covered by section 23 of our organic act, which is left untouched by this bill, and which providesThat the Governor of Porto Rico, within 60 days after the end of each session of the legislature, shall transmit to the executive department to be designated as herein provided for, which shall in turn transmit the same to the Congress of the United States, copies of all laws enacted during the session. Twenty-fifth point: Section 57 of the organic act, which is left unchanged, provides: That the laws and ordinances of Porto Rico now in force shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided for Porto Rico or by act of Congress of the United States; and such legislative authority shall have power, when not inconsistent with this act, by due enactment to amend, alter, modify, or repeal any laws or ordinance, civil or criminal, continued in force by this act as it may from time to time see fit. There is point 26. Some might think that when the governor is elected we would not have any legislative limitations there. But permit me to remind you of the bill of rights in section 2 of the organic act, which contains many a check. I believe that America will not create a government of men in Porto Rico, but a government of laws. We believe in checks as contained in laws, but not in checks upon depending upon the will of a man, as some would have it. Section 2 is but a copy of all the constitutional limitations set upon Congress applied to Porto Rico. The Congress enacted with great wisdom in enacting section 2. It provides: That no person shall be held to answer for a criminal offense without due process of law; and that no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. That all persons shall, before conviction, be bailable by sufficient security, except for capital offenses, when the proof is evident or the presumption great. That no law impairing the obligation of contracts shall be enacted. That no person shall be imprisoned for debt. That no law shall be enacted in Porto Rico which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the law.. That the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President or by the governor, whenever during such period the necessity for such suspension shall exist, etc. Section 2, in a word, is the American Constitution applied to Porto Rico; but let me call your attention to a specific part of this section, that which provides: That no money shall be paid out of the Treasury except in pursuance of an appropriation by law, and on warrant drawn by the proper officer in pursuance thereof. Twenty-seventh point: The Resident Commissioner of Porto Rico created by section 36 of our organic act. That is a link, a tie, a point of contact. He will act on the floor of the House or in counsel with committees. 104 THiE CIVIL GOVERINMENT OF PORTO RICO Twenty-eighth point: No n- wv department can be created. Section 37 of our organic act says: No executive department not provided for in this act shall be created by the legislature, but the legislature may consolidate departments, or abolish any department, with the consent of the President of the United States. At the end of section 24 of our organic act, which is left unamended, you will read: All laws enacted by the Legislature of Porto Rico shall be reported to the Congress of the United States, as provided in section 23 of this act, which hereby reserves the power and authority to annul the same. Point twenty-nine: Franchises granted by the Public Service Commission of Porto Rico can be annulled by Congress. That is provided in section 38 of the organic act, right at. the end of the first long paragraph: Franchises, rights, and privileges granted by the said commission shall not be effective until approved by the governor, and shall be reported to Congress. which hereby reserves the power to annul or modify the same. If you pass this law granting us the power to elect our own governor, and if you should find later on that we did not make good use of this power, then you can pass another law repealing this one. This would be point 30. But I want you to hear from Chief Justice Taft something more about our citizenship: What additional rights did it give them.? It enabled them to move into the continental United States, and, becoming residents of any State there, to enjoy every right of any other citizen of the United States-civil, social, and political. There are about 35,000 Porto Ricans residing in New York City. They vote for mayor, for the governor of the State, and for the President, and when you come to think that our America~ citizenship has given us the right, if we live in the United States, to vote for the President, you will never find your way clear to deny this same people the right to vote for their own governor in Porto Rico. I would like to know the mental process by which any one can arrive at a different conclusion. Point 31, section 12, is very emphatic. That is not changed at all. It provides as to our governor thatlie shall annually, and at such other times as he may be required, make official report of transactions of the government of Porto Rico to the executive department of the Government of the Uuited States to be designated by the President as herein provided. Point 32: Section 2 provides: That all money derived from any tax levied or assessed for a special purpose shall be treated as a special fund in the Treasury and paid out for such purposes only except upon the approval of the President of the United States. This is left unchanged also. But the most binding tie, dealing as you are with an honorable people, is our honor and will ever be our honor, for we have not accepted citizenship with any mental reserve. I think I have demonstrated to you that many ties will bind us together even if this bill is approved. Should this measure merit your approval, the moral influence of the United States in Porto Rico will increase; and there no ties so binding as are the ties of loyalty and affection. THE CIVIL GOVERNMENT OF PORTO RICO *105 Sehator HARRIS. I want to say that I am very friendly to anything you people want tending toward helping your country getting independence, if you would call it that, I would like to go beyond what you are asking for. But I think it ought to take time. Mr. GUERRA. We thank you for your patient consideration. Senator BROUSSARD. I aski that the amendment reported by the House committee be inserted in the record. Senator HARRIS. Without objection that may be done. (The amendment referred to is as follows:) The elected governor herein provided for may be removed at any time during his term of service by order of the President of the United States for cause, and may be impeached by the Insular House of Representatives and on trial by the Insular Senate may be removed by a two-thirds vote of that body for any impeachment cause. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States and Porto Rico, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. In the case of removal of any elected governor by order of the President or by impeachment during his incumbency, the President of the United States shall appoint a governor, by and with the advice and consent of the United States Senate, who shall serve the remainder of the term. Mr. DAVILA. The only thing we wish is that ou will give a favorable report to that modest aspiration of Porto Rico. Senator HARRIS. I hope we may. The committee will now stand adjourned. (Thereupon, at 12.30 o'clock p. m., the committee stood adjourned.) I I I Al i 1. 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