Freeing our towns from imperial Manila's mandates

Title

Language

English

Source

The American Chamber of Commerce Journal Volume 7 (Issue No. 10) October 1927

Year

1927

Rights

In Copyright - Educational Use Permitted

Fulltext

October, 1927 THE AMERICAN CHAMBER OF COMMERCE JOURNAL 11 Freeing Our Towns From Imperial Manila’s Mandates Two Basic Decisions for Towns in High Court’s October Grist October, 1927, should be a red-letter month to all men in the Philippines whose business it is as public officials of the towns and provinces to make and enforce ordinances and acts; for two decisions have come down from the supreme court tending to make such officials more inde pendent in their positions from interference by Manila—imperial Manila—who would too often rather ruin than fail to rule. In the first case, 27209, Andres M. Gabriel effected a legal agreement with the municipal authorities of Angeles, Pampanga, in the form of license granted him under the terms of exist ing ordinances, to erect a rice mill in that town. The town is well centered in a rice district, has about 23,000 inhabitants, and only three other rice mills in active operation; so that there seem ed a good opportunity for Gabriel to engage in the milling business. Twenty years earlier the town had adopted an ordinance relating to the installation of steam engines, and in 1906 had amplified this action by defining a zone within which such engines would not be permitted by law. The record shows that Gabriel’s mill was built outside this zone, and the picture shown here indicates clearly that the mill was actually built in a locality given over very largely to just such enterprises. But there were objectors, which is all right, of course; and to quiet their protests and clarify Gabriel’s rights the council stated officially “that the site selected * * * for his steam engine is outside the radius or square desig nated * * * in resolution 237, series of 1906.” But the objectors kept on. “We’ll go to Manila with this,” they said. And they went to Manila, where the usual license with local affairs was taken. The assistant executive secretary proceeded to rule that although the mill (already built and operating, the reader must bear iri mind) was outside the prohibited zone, the town had grown since the zone was defined and the zone “now includes the lot in question, and to all intents and purposes it impliedly comes within the purview of the pro hibition. * * * This office (so distant from the scene of conflict) fails to see sufficient and good reasons why the municipal council granted a license to Mr. Gabriel to install and operate his rice mill within the poblacidn, which con stitutes, when in operation, a menace and a nuisance to the neighborhood." After this effusion, the courts had their in nings, when the provincial board of Pampanga, following the executive ruling, annulled Gabriel’s license and an appeal to the executive bureau itself failed because some of the councilmen apparently got cold feet. The necessary twothirds vote was not obtained. (Ought such a majority be required by the law? Why not a simple majority, which is enough to enact an ordinance or repeal one?) The courts saw the question in a new light altogether, the high court saying through Mr. Justice George A. Malcolm, sustained by the whole bench: “The only ground upon which a provincial board may declare any municipal resolution, ordinance, or order invalid is when such resolu tion, ordinance, or order is ‘beyond the powers conferred upon the council or president (mayor) making the same. Absolutely no other ground is recognized by law’. ” No more of the decision is quoted, because it is desired for this essential part to stand out clear, and be caught by the intelligence of all to whom these presents come. The council had all along proceeded within its rights under the law, its duty indeed, and the court thought “it is time to deal a blow against higher usurpation of local autonomy,” arid for Gabriel to pro ceed with the business of hulling rice by machin ery instead of leaving the job, quite a heavy one, tc the women. Gabriel’s mill was closed down for a fortnight, throwing twelve men temporarily out of work, while the cost of the proceedings to Gabriel’s pocket was P6.000. His investment in the mill is 1’20,000, including the cost of installation. The data are quoted from his letter in reply to inquiry. The Journal admires his civic spirit and determination. It believes the decision will eventually reveal many more men of his type, and the type of the officials who saw him through his difficulty. The court was of the opinion that politics entered into the protest, but if these little affairs are confined to the communities where they arise and the couits are just and independent, the best man usually wins and social growth occurs. Everything, of course, hinges upon the courts. Andres Gabriel and His Rice Mill (Right Fore-Ground), Angeles, Pampanga. The other case arose in Zamboanga, Min danao, and involved the considerable license revenue collected by the town from the sale of liquor in addition to the insular taxes imposed, the licensee alleging double taxation. Facts were agreed upon by the parties to the suit, and the court ruled on the point “whether or not the ordinance in question should be placed under the power to tax and held void, or under the power to license and held valid. * * * In the broadest possible manner, the municipal councils within the confines of Mindanao and Sulu are given power over the sale of intoxi cating liquors.” Executive intervention from Manila was not directly involved, nevertheless the decision, sustaining the lower court’s, that the ordinance regulatory of the liquor traffic was valid and the high license fees legal, will be a guidepost to restrain Manila from its wonted intervention in matters remote from the field or the interest of the general government—better called the general public administration. “The municipal authorities,” says the court, Mr. Justice Malcolm also penning this decision, “* * * were attempting, under the power to license, to regu late the sale of liquors. If under ordinances thus enacted incidental revenue should accrue, it would not undermine the validity or the local provisions. * * * The ordinance * * * concerns the sale of liquois, which should be classified as a nonuseful business. It will also be recalled that the licenses are not only in tended for the strictly related power to regulate but might extend so far as to prohibit. “The courts should not adopt a policy of petty picking at municipal officials who are attempting to perform their duties, and so, through judicial interference, unduly embarrass municipal admin istration.” Such decisions are most encouraging. It goes without saying that the petty authority of the towns would sometimes endeavor to inject favoritism and partiality into legislation, but the courts, where they may be enjoined from such action, remain as the constitutional remedy. When men realize that the little offices actually carry power that may not be infringed by Manila, better men, on the average, will permit their names to go before the people in the town elec tions. Vice-President John W. Haussermann, who is also vice-president of the Benguet Consolidated Mining Company, has returned to Manila together with Walter Beam, president of the mining company. The company has some new ore on E level assaying $1,041 to the ton and approximating $500,000 in total value. One paper got it 800,000 tons running $25,000 to the ton but this proved to be an exaggeration. Nor has the company resorted to barbed-wire en tanglements to protect the gold, going only so far as to have guards. Mining continues its progress in the Benguet district and the Conso lidated has the lion’s share thus far. Director Samuel F. Gaches, president of H. E. Heacock Company, who recently returned with Mrs. Gaches to Manila, speaks encouragingly of the run of business in the United States, the big market for surplus products from this terri tory. Cotton is up, for one thing, creating vast buying power over a large section of the southern states. MONEY IN CIRCULATION September 24: 1’142,445,024—Philippine coins 1’21,272,531; treasury certificates 1’91,456,388; banknotes 1’29,716,105. Government Reserves: Gold Standard Fund, Manila 1’6,838,842, New York 1’16,512,540; Treasury Certificate Fund, Manila P22,081,281, New York 1’69,375,107; Total P114,807,771. Combined bank resources, total, 1’225,422,719. Demand deposits, 1’66,567,786; time deposits 1’50,023,971.

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