objects was accomplished by the provision that the chief of the new department should be appointed by the governor, by and with the advice and consent of the executive council, from among the members of the executive council who were not already at the head of executive departments. As under the organic act at least five of the eleven members of the council must be natives of Porto Rico, this provision necessitated the appointment of one of the Porto Rican members as long as the six heads of the other departments were Americans. The most important other provision of the act was that whereby the new department was placed under the direct supervision and control of the executive council, that body having been given the duty of approving all rules and regulations formulated by the director of the department for the management of institutions under his charge and of fixing the compensation of all employees. The result of these provisions is to make possible the test under the most favorable conditions of the capacity of a Porto Rican to administer important public services in an equitable and efficient manner. In this respect the act may be looked upon distinctly as a piece of experimental legislation, and its results cannot fail to be influential upon future action in respect to the meeting of the demand of the Porto Ricans that the conduct of affairs be more largely entrusted to their hands.

The second point regarding the organization given. to the executive branch of the government is the unusual degree of authority given to each of the heads. of the executive departments in the management of

the affairs coming under his jurisdiction. The appointment of all subordinates and the determination of the manner in which the problems of his office shall be worked out lie wholly within his discretion. No provision is made for any control either by the governor of the island or by the authorities at Washington, except such as is contained in the power of removal for cause that is vested in the President. The head of each department, to be sure, is required to make an annual report to the department of the Federal Government most nearly corresponding to his own, but there is no intimation that he is in any way subject. to the supervision or orders of that department. This independence on the part of the executive heads is especially apparent in respect to their relations to the governor. As they are not appointed by that officer, and there are no provisions giving to the governor any direct authority over them, they are under no legal obligation to make their action conform to his wishes.

These observations are not made in any way as a criticism of the law, for, while occasion might arise when this lack of central control would cause trouble through the failure of a member of the administration to act in harmony with his colleagues, or to co-operate. with the governor in carrying out some essential feature of general policy, such a contingency is exceedingly unlikely; and, on the other hand, it is not at all certain that the attempt to avoid this danger by giving larger powers to the governor or the central government at Washington would not result in even greater danger of friction and unwise action. In prac

tice, every effort has been made, and will undoubtedly continue to be made, by the heads of the departments to work in harmony with one another and the governor. This effort is facilitated by the practice which has been firmly established of the governor calling together the heads of departments in general conference for the consideration of all important matters affecting the general interests of the island, and of those officials bringing to such conferences all matters concerning which they desire the opinion and judgment of their colleagues.

Finally a few words further should be said regarding the peculiar responsibilities, under the system of government that has been established, of the governor. As the whole theory upon which this system of government is based consists in the location of power partly in the hands of Americans appointed by the President and partly in the hands of the people of the island itself, the greatest skill and tact is necessary in order to maintain this apportionment in its proper balance and to harmonize the aims and desires of the American and Porto Rican members of the government, which unavoidably conflict at many points. Almost the whole responsibility of accomplishing this falls upon the governor. Whether desirable legislation or other action will or will not be had often depends upon the success achieved by the governor in finding a common ground upon which all parties can agree. In the large power possessed by him of making appointments in the insular service, and of removing local officials guilty of misconduct, and of filling the vacancies thus occasioned or resulting from death or

resignation, the governor yields a very great influence over affairs. In consequence of a custom that was firmly established under the four hundred years of the rule of Spain, every one believing that he has a grievance brings it to the governor for adjustment, and a large part of the time of the governor is taken up in the hearing and settlement of such complaints. In a thousand other ways that it is hardly possible. to enumerate the intervention and good offices of this official are demanded. In a word, it is the governor more than any one else who must see that the whole governmental machine with its delicate adjustment of parts works smoothly.

House of Delegates and Executive Council. The character of any government, but especially that of one owing its existence to, or dependent upon, a superior authority, is largely determined by the character of the grant to it of legislative powers and by the constitution of the body through which these powers are exercised. Particularly is this true where, as in Porto Rico, it is desired to lodge these powers partly in the hands of the central government and partly in those of the people governed. In the scheme of government that has been provided by the Foraker Act for Porto Rico this object is accomplished through the provision that all legislative power shall be exercised by a legislative assembly of two houses, one of which shall be composed of persons appointed by the President of the United States and the other of members elected by the qualified voters of the island. These two houses are known as the Executive Council and the House of

Delegates, respectively. The legislature thus constituted forms the central feature of the whole system of government that has been provided for Porto Rico, and is in many respects the most interesting legislative body with which the student of American political institutions has to concern himself. The exact methods by which both of its houses are selected, their respective powers, and the manner in which they perform their functions should, therefore, be given in detail.

The house of delegates constitutes the popular branch of the legislature, and is the body through which the people of Porto Rico exercise a real voice in the administration of their public affairs. It is composed of thirty-five members, elected biennially by the voters of the island. For purposes of election the act prescribes that the island shall be divided into seven districts, each sending five delegates, voted for on a general ticket, to the house. These delegates, however, do not have to reside in the district for which they are elected, and, in fact, in the elections that have been held it has been by no means unusual for a member to be elected for a district other than the one in which he lives. The result of this freedom as regards residence has been to increase greatly the powers of the central organizations of the different political parties. Power is thus concentrated in the hands of political leaders to an extent that does not exist in the United States. It is quite likely, however, that in view of the political character of the people, this concentration of power would have taken place to a considerable degree under any system.