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Philippine Islands shall possess ane
as now provided by law, subject in a
safety requires it, suspend the privileges of the writ of habeas corpus, or place the islands, or any part thereof, under martial law: Provided, That whenever the Governor General shall exercise this authority, he shall at once notify the President of the United States thereof, together with the attending facts and circumstances, and the President shall have power to modify or vacate the action of the Governor General. He shall annually and at such other times as he may be required make such official report of the transactions of the government of the Philippine Islands to an executive department of the United States to be designated by the President, and his said annual report shall be transmitted to the Congress of the t'nited States; and he shall perform such additional duties and functions as may in pursuance of law be delegated or assigned to him by the President.
SEC. 22. That. except as provided otherwise in this Act, the executive departments of the Philippine government shall continue as now authorized by law until otherwise provided by the Philippine Legislature. When the Philippine Legislature herein provided shall convene and organize, the Phil. ippine Commission, as such shall cease and determine, and the members thereof shall vacate their offices as members of said commission: Provided, That the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legis lature pursuant to the provisions of this Act are appointed and qualified. The Philippine Legislature may thereafter by appropriate legislation increase the number or abolish any of the executive departments, or make such changes in the names and duties thereof as it may see fit, and shall provide for the appointment and removal of the heads of the executive departments by the Governor General: Provided, That all executive functions of the government must be directly under the Governor General or within one of the executive departments under the supervision and control of the Governor General. There is hereby established a bureau, to be known as the Bureau of Non-Christian Tribes, which said bureau shall be embraced in one of the executive departments to be designated by the Governor General, and shall have general supervision over the public affairs of the inhabitants of the territory represented in the legislature by appointive senators and representatives.
SEC: 23. That there shall be appointed by the President, by and with the advice and consent of the Senate of the t'nited States, a vice governor of the Philippine Islands, who shall have all of the powers of the Governor General in the case of a vacancy or temporary removal, resignation, or dis ability of the Governor General, or in case of his temporary absence; and the said vice governor shall be the head of the executive department, known as the department of publie instruction, which shall include the bureau of educa. tion and the bureau of health, and may be assigned such other executire duties as the Governor General may designate.
Other bureaus now included in the department of public instruction shall. until otherwise provided by the Philippine Legislature, be included in the department of the interior,
The President may designate the head of an executive department of the Philippine government to act as Governor General in the case of a vacancy. the temporary removal, resignation, or disability of the Governor General and the vice governor. or their temporary absence, and the head of the depart. ment thus designatel shall exercise all the powers and perform all the duties of the Governor General during such vacancy, disability, or absence.
SEC. 24. That there shall be appointed by the President an auditor, sto shall examine, nudit. and settle all accounts pertaining to the revenges and receipts from whaterer source of the Philippine government and of the pro vincial and municipal governments of the Philippines, including trust funts and funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or property pertainin: to or held in trust by the government or the Provinces or municipalities thereof. He shall perform a like duty with respect to all government branctes.
He shall keep the general accounts of the government and preserve the vouchers pertaining thereto.
It shall be the duty administrative officer es ion, are irregular, unnec
d There shall be a auditor.
The deputy al mar designate and perfo and in case of the death, from his office, from any office. In case of the abse and the deputy auditor, who shall have charge of
The administrative ju funds or property, and all exclusive. With the appro time make and promulgate sistent with law covering propertyand funds and pre its branches: Provided. Tha erty may require such addit others as he may deem neco
The decisions of the aud tire branches of the governo by the party aggrieved or th year, in the manner herein bereinafter provided, have lilseveral auditors of the t'nin States Treasury and is auth baring claims before him for person having official relation:
As soon after the close o may be examined and adjusted eral and the Secretary of War porernment, showing the recen ments and bureaus of the gove nicipalities, and make such oth Governor General or the Secreta
In the execution of their authorized to summon witnesses in the pursuance of these pror attendance of witnesses, as now
The office of the auditor sl Governor General and shall con such necessary assistants as may
SEC. 25. That any person ilga tor in the settlement of his accou appeal in writing to the Governor forth the particular action of the the reason and authorities relied
If the Governor General shall so indorse the appeal and transmit ufron be final and conclusive. She the action of the auditor, he shal approval to the Secretary of War, necessary to a proper understandi Secretary of War in such case shall
SEC. 26. That the supreme cou
vided and such additional jurisdictio The municipal courts of said island
nient as may be hereafter enacted
hall be the duty of the auditor to bring to the attention of the proper Irative officer expenditures of funds or property which, in his opin
irregular, unnecessary, excessive, or extravagant. re shall be a 'deputy auditor appointed in the same manner as the
The deputy auditor shall sign such official papers as the auditor signate and perform such other duties as the auditor may prescribe, case of the death, resignation, sickness, or other absence of the auditor s office, from any cause, the deputy auditor shall have charge of such In case of the absence from duty, from any cause, of both the auditor e deputy auditor, the Governor General may designate an assistant, all have charge of the office.
administrative jurisdiction of the auditor over accounts, whether of r property, and all vouchers and records pertaining thereto, shall be
With the approval of the Governor General he shall from time to ake and promulgate general or special rules and regulations not incon
with law covering the method of accounting for public funds and y, and funds and property held in trust by the government or any of aches: Provided, That any officer accountable for public funds or propy require such additional reports or returns from his subordinates or is he may deem necessary for his own information and protection. e decisions of the auditor shall be final and conclusive upon the execuanches of the government, except that appeal therefrom may be taken
party aggrieved or the head of the department concerned within one n the manner hereinafter prescribed. The auditor shall, except as fter provided, have like authority as that conferred by law upon the
auditors of the United States and the Comptroller of the United Treasury and is authorized to communicate directly with any person claims before him for settlement, or with any department, officer, or having official relations with his office.
soon after the close of each fiscal year as the accounts of said year e examined and adjusted the auditor shall submit to the Governor Genid the Secretary of War an annual report of the fiscal concerns of the ment, showing the receipts and disbursements of the various departand bureaus of the government and of the various Provinces and muities, and make such other reports as may be required of him by the or General or the Secretary of War.
the execution of their duties the auditor and the deputy auditor are ized to summon witnesses, administer oaths, and to take evidence, and,
pursuance of these provisions, may issue subpoenas and enforce the ance of witnesses, as now provided by law. he office of the auditor shall be under the general supervision of the aor General and shall consist of the auditor and deputy auditor and necessary assistants as may be prescribed by law. C. 25. That any person aggrieved by the action or decision of the audi
the settlement of his account or claim nay, within one year, take an | in writing to the Governor General, which appeal shall specifically set the particular action of the auditor to which exception is taken, with eason and authorities relied on for reversing such decision, : the Governor General shall confirm the action of the auditor, he sball lorse the appeal and transmit it to the auditor, and the action shall therebe final and conclusive, Should the Governor General fail to sustain (tion of the auditor, he shall forthwith transmit his grounds of disval to the Secretary of War, together with the appeal and the papers sary to a proper understanding of the matter. The decision of the tary of War in such case shall be final and conclusive. FEC. 26, That the supreme court and the courts of first instance of the opine Islands shall possess and exercise jurisdiction as heretofore pro
and such additional jurisdiction as shall hereafter be prescribed by law. municipal courts of said islands shall possess and exercise jurisdiction W provided by law. subject in all matters to such alteration and amendas may be hereafter enacted by law; and the chief justice and asso
prescribe. and in addi punished by a fine of
SEC. 21. That, ex all the officials of the . deputies, assistants. at of the rerenues of the by the Philippine Legis appropriation for such the necessity of further and all expenses of the pointed as herein proviile enues of the Philippines. appointed by the Preside $18.000; in addition there ings heretofore used by t ture and effects therein, of the supreme court, $8 each; auditor. $6.000; de
SEC. 30. That the pe provincial and municipal deputies, assistants, and a the Provinces and municip nicipal revenues in such n
Sec. 31. That all law in conflict with any of t force and effect.
Approved. August 29, 1
ciate justices of the supreme court shall hereafter be appointed by the Pres. ident, by and with the advice and consent of the Senate of the United States. The judges of the court of first instance shall be appointed by the Governor General, by and with the advice and consent of the Philippine Senate: Provided, That the admiralty jurisdiction of the supreme court and courts of first instance shall not be changed except by Act of Congress. That in all cases pending under the operation of existing laws, both criminal and civil. the jurisdiction shall continue until final judgment and determination,
SEC. 27. That the Supreme Court of the United States shall have juris diction to review, revise, reverse, modify, or affirm the final judgments and decrees of the Supreme Court of the Philippine Islands in all actions, cases. causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, or in causes in which the value in controversy exceeds $25,000, or in which the title or possession of real estate exceeding in value the sum of $25,000, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question ; and such final judgments or decrees may and can be reviewed, revised, reversed, modfied, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved within the same time, in the same man. ner, under the same regulations, and by the same procedure, as far applicable, as the final judgments and decrees of the district courts of the United States.
SEC. 29. That the government of the Philippine Islands may grant frailchises and rights, including the authority to exercise the right of eminent domain, for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways squares, and reservations, and over similar property of the government of said islands, and may adopt rules and regulations under which the provincial and municipal governments of the islands may grant the right to use and occupy such public property belonging to said Provinces or municipalities: Provided, That no private property shall be damaged or taken for any purpose uuder this section without just compensation, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the t'nited States, and that lands or right of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and rights under which they were granted or upon their revocation or repeal. That all franchises or rigbts granted under this Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair valuation equal to the par value of the stocks or bonds so issued; shall forbid the declaring of stock er bond dividends, and, in the case of public-service corporations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation of the books and accounts of such corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the Province or municipality within which such franchises are granted and exercised : Provided further, That it shall be u lawful for any corporation organized under this Act, or for any person, com pany. or corporation receiving any grant, franchise, or concession from the government of said islands. to use, employ, or contract for the labor of persons held in involuntary servitude; and any person, company, or corporatias so violating the provisions of this Act shall forfeit all charters, grants. @r franchises for doing business in said islands, in an action or proceeding brought for that purpose in any court of competent jurisdiction by any offer of the Philippine government, or on the complaint of any citizen of the Phi:ippines. under such regulations and rules as the Philippine Legislature skal
cribe, and in addition shall be deemed guilty of an offense, and shall be shed by a fine of not more than $10,000. SEC. 29. That, except as in this Act otherwise provided the salaries of the officials of the Philippines not appointed by the President, including ities, assistants, and other employees, shall be such and be so paid out he revenues of the Philippines as shall from time to time be determined the Philippine Legislature: and if the legislature shall fail to make an opriation for such salaries, the salaries so fixed shall be paid without necessity of further appropriations therefor. The salaries of all officers all expenses of the offices of the various officials of the Philippines apteil as herein provided by the President shall also be paid out of the revs of the Philippines. The annual salaries of the following-named officials binted by the President and so to be paid shall be: The Governor General, 100; in addition thereto he shall be entitled to the occupancy of the buildheretofore used by the chief executive of the Philippines, with the furniand effects therein, free of rental; vice governor, $10,000; chief justice he supreme court, $8.000; associate justices of the supreme court, $7,500 1; auditor. $6,000; deputy auditor, $3,000. SEC. 30. That the provisions of the foregoing section shall not apply to incial and municipal officials; their salaries and the compensation of their ities, assistants, and other help, as well as all other expenses incurred by Provinces and municipalities, shall be pail out of the provincial and mual revenues in such manner as the Philippine Legislature shall provide. SEC. 31. That all laws or parts of laws applicable to the Philippines not conflict with any of the provisions of this Act are hereby continued in e and effect. Approved. August 29, 1916.
ipality thereof shall be authorized 0
ORGANIC ACT OF PORTO RICO_1917.*
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 l'nited States of America in Congress assembled, That the provisions of this Act shall apply to the island of Porto Rico and to the adjacent islands belonging to the United States, and waters of those islands; and the name Porto Rico as used in this Act shall be held to include not only the island of that name but all the adjacent islands as aforesaid.
BILL OF RIGHTS,
SEC. 2. That no law shall be enacted in Porto Rico which shall deprire any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws.
That in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy and public trial, to be confronted with the witnesses against him, and to bare compulsory process for obtaining witnesses in his favor.
That no person shall be held to answer for a criminal offense without due process of law; and 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 suret ies, 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 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.
That no ex post facto law or bill of attainder shall be enacted.
Private property shall not be taken or damaged for public use except upon payment of just compensation ascerta ined in the manner provided by law.
Nothing contained in this Act shall be construed to limit the power of the legislature to enact laws for the protection of the lives, health, or safety of employees.
That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust under the government of Porto Rico shall. without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, princt. or foreign State, or any officer thereof.
That excessive bail shall not be required, nor excessive fines imposel. nor cruel and unusual punishments inflicted.
That the right to be secure against unreasonable searches and seizures shall not be violated.
That no warrant for arrest or search shall issue but upon probable cause.
* Porto Rico and the adjacent islands were ceded to the United States by Spain at the close of the Spanish-American War by the terms of the Treaty of Paris of December 10, 1898. The island was governed by the military authorities, under the direction of the war department, until May 1, 1900, when a civil government, created by the act of April 12, 1900, came into operation, and this civil government, with minor changes, eristed until the passage of the act of March 2, 1917. The federal laws pertaining to the island of Porto Rico, prior to the passage of the act of March 2, 1917, are embraced in Sections 3747-3803, inclusive, of the United States Compiled Statutes of 1913, and some of these laws are still in force.
supported by oath or searched and the pers
That slavery shall
That involuntary the party shall have b
That no law shall press, or the right of ernment for redress of
That no law shall prohibiting the free exer of religious profession ar forever be allowed, and to support the Constituti shall be required as a gorernment of Porto Rico
That no public mone donated, used, directly or sect, church, denomination religion, or for the use, be or other religious teacher educational, or benevolent not under the absolute con or plural marriages hereaft
That one year after th unlawful to import, manufac gift any intoxicating drink on ize and regulate importation. for medicinal, sacramental, for violations of this provisi of not less than $25 for the ti a fine of not less than $50 an more than one year: And pro five years after the approval not less than ten per centum mitted to a vote of the qualif all the qualified electors of Pto repeal this provision, it sha wise it shall be in full force a.
That no money shall be på an appropriation by law, and o suance thereof.
That the rule of taxation in
That all money derived from pose shall be treated as a specia. purpose only except upon the app
That eight hours shall consti of laborers and mechanics by and on public works, except in cases
That the employment of child occupation injurious to health or in
SEC. 3. That no export duties Porto Rico, but taxes and assess license fees, and royalties for frai imposed for the purposes of the in ively, as may be provided and defin when necessary to anticipate taxe tions may be issued by Porto Rico may be provided by law, and to pro That no public indebtedness of Por