the United States. In practice this court has thus far been constituted of three Porto Ricans and two American members. It is a court of appeals instead of a court of cassation merely as formerly. Below this court are seven district courts, presided over by one judge each, appointed by the governor, by and with the advice and consent of the executive council, for a term of four years, unless sooner removed for cause. The judges of these courts must be able to conduct the business of their courts in the Spanish language, including the ability to instruct the jury, either verbally or in writing, in that language. Provision is also made for a substitute judge, who, under the direction of the attorney-general, may take the place of any of the regular judges who is unable to preside over his court on account of illness or disqualification for any cause. Next in rank come twenty-four so-called municipal courts, the forty-five municipalities of the island being grouped into twenty-four judicial districts. These courts have the same jurisdiction and perform the same duties as the sixty-nine old municipal courts that were abolished, and the justices of the peace. They have jurisdiction in all civil matters in their districts to the amount of five hundred dollars, and in all criminal cases except felony cases, and in the latter they act as committing magistrates. Each of these courts is presided over by a single judge, elected by the qualified voters of the district every two years at the time of the regular biennial elections. A marshal and a clerk for each court is elected at the same time. Attached to each court is also a fiscal or prosecuting attorney, ap

pointed by the governor, and an official stenographer, appointed by the attorney-general. Finally, there is a justice of the peace court in San Juan, Ponce and Mayaguez, and in each other municipality which does not constitute an entire municipal court district, with jurisdiction to hear and determine offenses in which the punishment imposed cannot exceed a fine of fifteen. dollars or imprisonment for thirty days and over all cases of violation of municipal ordinances. During the absence of the municipal judge of the district the justice of the peace may also act as an examining and committing magistrate. These justices of the peace are appointed by the governor, by and with the advice and consent of the executive council, and receive a salary of three hundred and sixty dollars per annum.

A number of features about this system of courts thus created deserve mention. The first is that not only has the number of courts been considerably reduced, but, with the exception of the Supreme Court, each tribunal has been given but a single judge. This is particularly important in respect to the district courts, as under the system abolished these courts were presided over by three judges, at least one of whom was always an American. Under the new system not only is there only a single judge, but he, together with the clerk and marshal, is elected by the people. The responsibility for the administration of justice is thus to a very great degree put into the hands of the Porto Ricans. The Porto Ricans will, consequently, be subjected to the very severe test as to whether, on the one hand, they can be relied upon to select suitable persons as candidates for these im

portant positions, and, on the other, as to whether the persons elected to the office of judge will perform their duties without regard to their political affiliations or social obligations. The test is one which even in the United States is not always successfully met, and in Porto Rico, where political ties are so strong, the chances of failure are even greater.

By the foregoing action the judicial machinery of Porto Rico has been thoroughly reformed. Other acts have made equally great changes in the system of law to be administered and the precise manner of its administration. The organic act provided for the constitution of a commission of three persons, one of whom should be a native of Porto Rico, to be appointed by the President to compile and revise the fundamental laws of the island and especially to draft new codes of legal procedure. This commission completed its work and reported to Congress. It cannot be said, however, that its work was productive of any important results. The first legislative assembly, in 1901, without waiting for the report of the commission created by the organic act, itself created a commission with instructions to prepare a series of codes for enactment by the legislature. On the basis of the work of this last commission, the legislature at its session in 1902 passed a political code, a civil code, and a code of criminal procedure. All of these codes are modelled on similar laws as found in the United States. Trial by jury had already been established by the first act passed by the legislative assembly at its first session. This act does not make the jury system obligatory, but merely provides that it shall be fol

lowed in certain criminal cases when the request for its use is made by the accused.

In respect to the representation of Porto Rico at Washington, the organic act provides that every two years the qualified voters of the island shall elect a resident commissioner, who must be at least thirty years of age, a bona fide citizen of Porto Rico, and be able to read and write the English language, "who shall be entitled to official recognition as such by all departments upon presentation to the Department of State of a certificate of election of the governor of Porto Rico." It will be noted that though the reasons for creating this office are the same as those dictating the provision that is always made in territorial acts for a delegate, the powers of the Porto Rican commissioner were by no means made so broad. Subsequently, however, the House of Representatives by vote has given to him the right of the floor and of serving on committees, so that at the present time his position is practically identical with that of other territorial delegates.

Financial System. Before leaving the insular government of Porto Rico, some description should be given of the manner in which it obtains its income, and the financial system that has been devised in accordance therewith. As has been elsewhere pointed out, Congress treated Porto Rico with great liberality in determining the financial relations that should exist between it and the Federal Government. During the military occupation, that is, up to the passage of the organic act of April 12, 1900, Porto Rico was treated

as a foreign government in so far as the imposition and collection of customs duties upon articles coming into the island from either foreign countries or the United States, or into the United States from Porto Rico, were concerned. All of the revenues collected in Porto Rico accrued to the benefit of the island, but all collections made in the United States on importations from Porto Rico were paid into the Federal treasury. On March 24, 1900, however, Congress passed an act providing that all the money that had thus been collected on goods coming into the United States from Porto Rico, or might thereafter be collected under existing law, should be placed at the disposal of the President to be used by him for the benefit of the government of Porto Rico and for public education and public works in the island.

The organic act provided that on and after its passage, the general customs law of the United States should continue to apply to Porto Rico in respect to all merchandise entering it from foreign countries, and the duties collected in Porto Rico, less the cost of collection, should accrue to the benefit. of the insular treasury as ordinary income, but that in respect to merchandise imported into the United States from Porto Rico or imported into Porto Rico from the United States, duties of only fifteen per cent of those paid on similar articles imported from foreign countries should be paid; and that, as soon as the insular government had notified the President that the island had created a revenue system sufficient to satisfy its needs, complete free trade should be declared between the two countries, and that in any event such decla