CHAPTER V

GOVERNMENT OF PORTO RICO: LOCAL GOVERNMENT

Of the tasks going to make up the general problem of the government of dependent territory, there is probably none more interesting, certainly none more important, than that of the division of the territory into districts and the organization for each of a government through which local public affairs may be administered. The questions here involved are among the most intricate and difficult of solution in the whole field of government and administration, and the character of the action taken to meet them more than anything else determines the essential nature of the political institutions that the inhabitants of the territory are to enjoy.

Consistent with its policy in the past, Congress, in making provision for the government of Porto Rico, made no effort itself to work out a system of local government for the island, but instead turned over this whole question to the island itself. The obligation thus imposed upon it constituted the most important responsibility with which the newly created insular government was charged. Although Porto Rico at the time of its acquisition was in possession of a complete system of local government, the principles upon which this system was based, and especially the manner in

which it was actually administered, were so completely at variance with American theory and practice that it was inevitable that radical changes would have to be made at the earliest possible moment. The insular government immediately upon its organization, therefore, entered upon the task of the reorganization of the existing system for the administration of local affairs. Bills relative to local government have occupied a large part of the attention of the four regular sessions of the insular legislature that have been held since the organization of civil government in 1900, and a long series of acts have resulted completely reorganizing the system for the administration of local affairs as it existed under Spanish rule.

System under Spanish Rule and Its Defects. That the nature of the problem thus confronting the insular government, as well as the significance of the changes made by it, may be clearly appreciated, it is necessary that a description of the action taken should be preceded by at least a brief account of the system that it found in operation, together with an enumeration of the more important shortcomings that made a change desirable.

For the administration of local affairs the American authorities found the island of Porto Rico divided into sixty-six districts, known as "municipios," or municipalities. Each district had within its boundaries at least one urban settlement of greater or less population, which always bore the name of the district and constituted the seat of government. There was no distinction, however, between the government

of this urban center and the rural parts of the district, both being under the same authority. The government of each municipality was vested in a body known as the "ayuntamiento," which consisted of the "alcalde," or mayor, and the municipal council, the alcalde being at once the executive officer of the municipality and the president of its council. The number of councillors was determined by the population of the district, and the councillors as well as the alcalde were elected by a vote of the people, though the governor-general had large powers of removal and appointment to the vacancies thus created. Each municipality was divided into a number of districts known as "barrios," and each barrio had an official known as a "commissario," who represented the mayor within the district and had powers somewhat similar to those of a justice of the peace. There were, of course, other municipal officers, a system of courts,

etc.

Much the most significant feature of this scheme of government, of which the barest outline only has been given, was the relations which existed between it and the insular or central government of the island. These relations were exceedingly involved, and nothing short of an historical account of local government in the island during the last century could afford a comprehensive idea of the condition of affairs. It is not practicable to attempt any such study here, and we will, consequently, have to content ourselves with the general statement that the municipal law was so framed as to give to the central authorities the power of intervention and control in respect to municipal

affairs at almost every point. While the mayor and councilmen were elected by the qualified voters of each municipal district, they could be removed by the governor-general at his pleasure and other persons designated to fill the vacancies thus caused. Municipal budgets before they became effective had to be submitted to the insular authority in order that the latter might satisfy itself that no illegal appropriation or tax was provided for and that the legal obligations were duly met. As the commission appointed by the insular government to frame revised codes for the island expressed it in its report, published in 1902: "In the Spanish administrative system as applied in Porto Rico the control of the insular authorities over the 'municipios' (municipalities) was conferred in sweeping provisions which made it possible to reduce local government to a minimum. These and gave to the in

a number of other provisions sular authorities complete control over local administration."

This, in brief, was the general character of the system of local government to which the new civil government fell heir. It was objectionable alike to the inhabitants of Porto Rico and to the American authorities. The defects of the system were both of organization and administration. As regards organization, the first point of criticism was the failure to make any distinction between the government of the larger and of the smaller municipalities. All, without regard to their relative importance, had the same form of government. The smaller municipalities, representing poor rural districts, were thus compelled

to maintain the same set of officers and an administrative machinery as elaborate as that of the wealthy districts. In many cases the municipalities were too poor to do this. All of the resources of such municipalities were absorbed in the payment of administrative salaries and nothing remained with which to carry on needed public works.

A second defect, and one which went to the very basis upon which the system was organized, was a failure to make a proper division of legislative, executive and judicial duties. The alcalde, or mayor, was at the same time the chief executive, the president and the dominant member of the municipal council. The municipal council, on the other hand, not only sat as a legislative body for the enactment of city ordinances, but appointed all administrative officers. There was thus nothing in the way of a check upon legislative action by the executive, or vice versa, and under this system it was a matter of comparative ease for one or a few men absolutely to control the administration of affairs in their own interests except only as checked from time to time by the central government.

A third important organic defect was in regard to the relations that existed between these governments and the central government. It has been pointed out that the municipal governments could take little or no important action without receiving the prior approval of the central authorities. The Porto Ricans naturally chafed under a system whereby they could not move a step without obtaining a prior authorization. The American authorities were no less opposed