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CHAPTER VII

GOVERNMENT OF THE PHILIPPINES: PROVINCIAL

GOVERNMENT

General Provincial Act of 1901. In no respect has Congress shown greater wisdom in dealing with the insular dependencies than in restricting its own action to that of making provision for a central or insular government in each case and in leaving to the government thus created the entire task of devising systems of subordinate governments for the administration of local affairs. In the Philippines this policy has been especially fortunate, as, owing to the great diversity of conditions prevailing in the archipelago, it is difficult to see how any authority not on the spot and thoroughly familiar with local conditions could have made an approach to correct action.

When President McKinley appointed the Philippine commission, the organization, as rapidly as circumstances would permit, of local government in the islands was especially mentioned in his instructions to that body as one of the most important and urgent tasks that it should undertake. To this problem, therefore, the commission immediately applied itself. It found that under Spanish rule the archipelago had been divided for governmental purposes into provinces and these in turn into municipal districts. This

twofold distribution of governmental powers among provincial and municipal governments it was deemed wise to maintain in order to obviate the great centralization of power that would result if provision was made only for municipal governments. The commission accordingly had to take steps for the organization of two classes of local governments: provincial and municipal. A consideration of the first of these classes will logically follow that of the central government which has just been described.

It was immediately seen by the commission that such was the diversity of conditions in the different provinces, that no one scheme of government could be made applicable to all. A number of distinct systems have had accordingly to be devised. If we except the action taken for the organization of a government for the province of Benguet, which was in the nature of a tentative act, the first steps taken by the commission was to draft what may be called a model provincial act for those provinces which had advanced the furthest in civilization, and to which in consequence the largest measure of self-government could safely be accorded. This act is called a model act both because it provides a form of government to which it is desired that the government of the provinces shall, as nearly as their condition of development will permit, conform, and because, when it was enacted, it was not made applicable to any particular province, an additional special act being required in each case to bring a province under its provisions. In these special acts particular provisions may be, and always are, inserted making such modifi

cations in the general act as special conditions in the provinces legislated for seem to make desirable. These special provisions are not, however, either very important or numerous.

This model act, as has been said, was intended to apply to those provinces to which the largest measure of local autonomy could be given. To meet the requirements of those provinces coming next in respect to their development there was formed a modified model act. This act, unlike the model act, was made to apply immediately to one of the provinces, that of Nueva Vizcaya. It was subsequently extended to several other provinces and is known as the "Nueva Vizcaya Act." Even the form of government provided for by this act represented a larger grant of powers than it was thought could be wisely given to certain provinces. For the government of these, therefore, other provision had to be made. Different and distinct forms of government were thus created for the Moro province, and for the province of Benguet and the districts occupied by certain non-Christian and uncivilized tribes. Finally special action was taken in the case of the island of Negros, though the government thus established was afterwards abolished. The general provincial act was passed by the Philippine commission on February 6, 1901. It has been subsequently amended in various not very important particulars. The description that is here given is of the act as thus modified.

Under this act the government of each province to which it is made to apply is constituted a body corporate with powers to sue and be sued, to incur obli

gations and generally to possess the powers given to public corporations. The form of the government here created is in a way an adaptation of that of the insular government itself as exercised through the commission. Provision is thus made for a provincial board, to consist of a provincial governor, a provincial treasurer and a provincial supervisor, in which, and in its members individually, are vested most of the important governmental powers. The only other important officers are the provincial fiscal and the provincial secretary, who also acts as the secretary but is not a member of the provincial board. To be eligible for any of these offices a person must be either a citizen of the United States, a native of the Philippine Islands, or a person who, not being a subject or citizen of any other power or government, has acquired the political rights of a native of the islands in accordance with the terms of the Treaty of Paris, and who has not violated the same, and who is not in arms or does not give aid and comfort to those in arms against the United States. It is expressly provided, however, that non-residence in the province shall not render the person ineligible to any of these positions.

Of these offices, that of provincial governor alone is made elective. All of the others, according to the law, were to be filled by appointment by the commission. until March 1, 1902, after which they were to be selected, with the exception of the fiscal, in accordance with the provisions of the civil service act. All such appointees must be able to speak and write the Spanish language and after July 1, 1906, the English language as well. In making these appointments the pol

icy of the commission has been to appoint Filipinos wherever practicable. The secretaries and fiscals have in all cases been Filipinos, while in general the offices of treasurer and supervisor have been filled by Americans. A majority of the members of each provincial board is thus composed of Americans. In a number of cases, owing to the difficulty in securing proper supervisors, that office has been consolidated with that of the provincial treasurer.

The manner of the election of the provincial governor is an interesting one. Every two years the members of the municipal councils of the organized municipalities in the province meet at the capital of the province, and in joint convention proceed to the election of a governor. A majority of all present and entitled to vote is required for election, and the balloting must be secret. The result of this election must then be certified to the civil governor, who must confirm the election unless he finds that it was unfairly conducted, or that the person chosen is ineligible, or that there is reasonable ground for suspecting his loyalty. If for any of these reasons the election is not confirmed, the convention must be reconvened and a new election proceeded with. If the action of this convention is not approved by the civil governor, the provincial governor is then appointed by that officer with the advice and consent of the commission. Until the first election is held the governor is appointed by the civil governor of the islands.

The character of the government thus provided for can best be described by an enumeration of the duties of its different officers and of the provincial board.

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