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Official Gazette

Issue Date

January-June 1904

Year

1904

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English

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([[)~~iri Published by authority of the Insular Government under and by virtue of Act No. 453 of the Philippine Commission. VoL. II MANILA, P. I., JANUARY 6, 1904. No. PL'Bf,IC J,AWS. [No.1027.l .o\N ACT AMENDIKG ACT NUMBERED NIN)<; HUNDRJ<;J) AND FIFTY-SIX, ENTITLED ''AN ACT RJ~DUCDJ'G TIU: THIRTY-ONE MUNICIPALlTlES 01'' THE PROVINCE OF TAYABAS TO TWENTY-SEVEN." By autliority of the U11itcd States, be it enacted by the Philippine Commissioii, that: SECTION I. Act Numbered Nine hundred and fiftr·six, entitled "An Act reducing the thirty-one mnnicipnlitif's of the Pro\'incc of Tnynba.s to twenty-se\.·en," is hereby nmended u follows: {a) By striking out the words "thirty-one" 11nd "twcnty-~e\·en" in the title and in section one and substituting therefor the words "thirty" and "twenty-six," respectively. (b) BY striking out the word "Candelaria" in thr ."lecond line of. paragraph numbered five of said St>l1.ion om•. SEC. 2. The public good requiring the spf'C<iy <•1mr.tment of thi" bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the ordt"r of procedure by the Commission in the enactment of lawis," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take efl'eot on its passage. Enacted, December 18, 1903. rNo. 1028.] .-\X AC'l' APPROPRIA'l'ING THI~ SUM OF FIVE HUNDRED AND TEN DOLLARS, IN llONEY OF THE UNITED STATES, I•'OR DEFRAYI~G EXPENSES INCURRED IN THE PUBLICATION OF VOLUMI~ ONE OF "THE OPINIONS OF THE ATTORNEY-GJ<~NERAL OF THE PHILIPPINE ISLANDS." By authority of the United Htates, be it eiiacted by the Philippine Commission, tliat: SECTION I. The sum of five hundred and ten dollars, in money of the United States, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, to pay for services rendered in connection with the publication of volume one of "The Opinions of the Attorney-General of the Philippine Islands," as follows: Charles A. Engelbracht, four hundred and fifty dollars: Gustavus A. Ohlinger, sixty dollars. SEC. 2. The public good requiring tlw speedy enactment of this bill, the passage of the same is hereby expedited in nccordanet> with section two of "An Act prescribing the order of procedure by the Commission in the- enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect on its passagt>. Enacted, December 18, I903. """ LNo. 1029.] AN" ACT AMI~NDlNG 8HC'L'IOX ONE 01'' ACT N"Ui\'IBI~ltJ<~D ONE. THOUSAND AND !<'OUR, ENTI'l'LED ".A!>l AC"f ANNEXING THE NORTHERN PART OF THE PROVI:N"CE OF ZAMBALl~S TO THF. PUOVINCE OF PANGASINAN AND PROVIDING THAT 1'HE SOUTHERN PART THEUF.OF SHALL CON1'1NUE AS A SEPARATE PROVDl"CJ·~ UNDER THE NAl\fE OF ZAl\IBALES." lly authority of tlie United States, be it enacted by tlic Pliilippine Commission, that_. HE<..TION I. Section one of Act Numberl'd One thousancl and four, t'ntitll'd "An Act annexing the northern pnrt of the Province of Zambalcs to the Province of rang11sinnn and providing that the southern part thereof shall continue as 11 11epnrate pro\·inC<? under the name of Zambales." is hereb~· 1unl'ndt>d by striking out the word "and" in the third line nnd by adding after the word "lnfanta" in the same line the words "Andn, Bani, and Agno." SEC. 2. The public good ra1uiring the speedy enactDlent. of t.his bill, the 1mssagc of the same is hereby mcpedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the ennctment of laws," passed September hvent~·-sixth, nineteen hundred. SF.c. 3. This Act shall take effect on its passage. Enacted, Decemhl"r 19. 1903. LNo. 1030.] .A~ AC1' CREATING AN HONORARY BOARD OF COMMISSIONERS, COMPOSED OF FIFTY l<'ILIPINOS Ofl' PRO:MlXF.NCE AND EDUCATIO~, TO VISIT THE I~OUISIANA PURCHASE EXPOSI1'JOK .:\1' SAINT LOUIS AT GOVERNMENT EXPENSE. lly autho1·ity of the United Slate~, be it rmwted by tlte l'liilippine Commisaion, that: 8F..cTION I. The Civil Governor is aut.hol'izcd and directed to uppoint, by 11nd with the consl'"nt of the Philippine Commission, an Honorary Board of Commissione1·s, consisting of not more thun fifty Filipinos of prominenc<' and education. to \'isit the Louisiana Purchase I~xposition, to he held at Saint Louis during the year nineteen hundred and four. 'fhc Civil Governor is authorized to appoint I•'ilipinos now holding office in the Islands if thcil' absence from official dutv in the Islands during th<' time needed to make the visit to the' United States may bl' made consistent with the interests of the public scrvicC'. SEC. 2. The Honorary Board of Commissioners herein authorized to he appointed !!hall trnvel in a body so fin· as prncticabll', and thl' p<•riod betwl'cn the datl' of tlll'ir depnrtnre from Manila for thl' Cnited States and the dat<' of their return to Manila !!hall not l'xcced ftve months. The Ci\'il Gov<'rnor slmll fix the dnte of the dcp1ll'tUrl' of the board. 'rhl'" board shall bC' accompanied by an Aml'"ricnn offieilll of th<' Philippine Govf'rnmcnt, to be designated h~· the Ch·il Go\•ernor. who !'!hall ha\'C' a knowledgf' of the English 2 OFFICIAL GAZETTE -----------------------------------------and Spanish languages sufficient to t>nable him to act as interpr<>trr on all occasions, and who shall have chal'ge of the board in making the arrangements for travel and subsistence. A second ollicial of the Philippine Governmt'nt shall be designated by the Ci,·il Go,·ernor as the disbursing officer to disburse the funds IW<'dt>d to pay th<' expenses of the board. R~:c. ;i. There shall be allowed, as trawling and subsistence expenses, to each nonofficial member of the Honorary Board of Commissioners the sum of ten dollars, United States currency, per day from the time of his departure from Manila until the date of his return to ).Janila. and to each official member in addition to his salary .as pmvided by law the sum of seYen dollars, Cnited Statrs curr<'nry, per day. The per diems of the Amel'ican official in chal'ge of the Board und of the disbursing officer shall be fixed bJ' the Civil Gm·ernor. SEC. 4. The Honorary Board of Commissionel's shall organize by the election of a chairman. a secretal'y, and an executive committee of five. The secretary shall keep minutes of all formal action taken by the Board and shall make report of the same to the Civil Governor on the return of the Board to Manila. The Board shall also appoint a committee of three mC'mbers whose duty it shall be to kc<'p a history of the journey und to make a connected account and report thereof to the Ch·ii Governor on the return of the Board to Manila. SEC. 5. The Honorary Board of Commissionel's shall not only visit Saint Louis, where it shall sprnd at least a month in the examination of the Exposition, but it shall a.lso visit those principal cities of the United States which shall be agreed upon by the executive committee of the Board after conference with the Philippine Exposition Board. The disbursing officer is authorized to pay the traveling and subsistence Pxpenses of the members of the Board directly and to ch<nge the same to t.he respective membei·s of the Board, paying any balance remaining due to each member at the end of each week. SEC. 6. There is hereby appropl'iated. out of any funds in the Insular Tl'casury not otherwise appropriated, the sum of seventyfi\'e thousund dollars, in money of the United States, to defray the expenses herein authorized to be incurred. SEC. 7. Sections elev<>n and twelve of Act Numbered }<,ive hundred and foul'teen. enacted November eleventh, nineteen hundred and two, are hereby repealed, SEC. 8. The public good requiring the speedy enactment of this bill. the passage of the same is hel'eby expedited in accoritunce with section two of "An Act pl'escribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. S1::c. 9. This Act shall take effect on its passage. Enacted, December 22, 1!)03. DECISIONS OF THE SUPREME COURT, {No. 1084. November 13, 1903.J FRBD SP,1RRBVOH~', plai11tiff and appellcc, vs. JOHS PISHER, defe11da11t and appellant. 1. PLEADING ;I.ND PRACTICE: MOTION FOR A NEW TRIAL; ExcErTION TO JUOGMENT; TIME "\'\'HEN MADE.-A motion for a new trial was made within ten days after the rendition or judgment, and an exception to the judgment was taken within three days after making the motion. It did not appear whe11 the motion was decided. Held, that the exception was seasonably taken and raises the question as to whether the facts found warrant the relier granted. 2. FonCIDLE Et-:TDY A!i:D DF.TAlla;n; MEASURE OF DAMAGES.-ln an action of rorclble entry and detainer the plaintllT Is entitled to recover as damages a reasonable compensation for the wrongful use and occupation of the premises, and the legal measure or damages Is the fair rental value or the property withheld. 3. IP.: DA~!AGES; EVIDJ>NCE.-The amount of damages tor wrongful detainer of real property must be determined upon proof or Its fair and reasonable rental In tbe market under all tbe 11urroundlng clrcumsta.nces. 4. In. : lo.; In.-Evldence as to what profits might be expected if tbe premises wrongfully withheld had been available to the plaintilT for use In connection with other property is not competent to prove the fair rental value. APPEAL from a judgment of the Comt of First ln:;tance uf ).fanila. The facts are stated in the opinion of the C'ourt. HAllTIGA:-;", ~fa.nPLE & SoLIGNAC, fol' appellant. WM. L. WRIGHT, for appellee. McDoNouo11, J.: This action was brought to reco\'er possession of certain premises situated in the city of Manila, which al'c fully described in the complnint, and for damages for the retention by the defendant. The Court of First Instance of Manila, on the 15th of ,July, 1902, handed down a decision holding the lease under which t11e defendant claimed had been annulled and a.warding posscs;;ion to the plaintiff and assessing his damages at the sum of 5,250 pesos, Mexican currency, and judgment was accordingly entered against the defendant. The defendant moved for a new trial July 23, 1902, on the ground of newly discovered evidence and because the damages a warded were excessive. • On July 28 the defendant presented his bill of exceptions, the motion for a new trial hal'ing been denied, in which exceptions it was alleged that the findings of fact by the court were not sufficient to sustain a money judgment against the def<'nd· ant; that there was no evidence as to the amount of damag<':;; that there was no evidence to sustain the judgment oth<'r tliun for the possession of the premises in question; and that the damages were not computed according to law. The judge of the Court of First Instance having l'efused to sign the bill of exceptions, certain proceedings were taken in the Supreme Court for the purpose of requiring him to sign the same, but the parties to the suit finally agreed upon the bill of exceptions whi~h is before us. The defendant now objects to it on the ground that the exceptions were not taken in time and also for the reason that the writing filed by the defendant July 28, 190:3, does not disclose what particular rnling, order, or judgment is intended to be excepted to. We are of opinion that these objections on the part of the defendant are not well taken. Inasmuch as the defendant mo\•ed for a new trial within ten days after t.hC' rendition of the judgment and his motion was denied, a.nd within three days after making this motion (the record does not disclose when the motion was decided) the defendant presented his exception;;, we hold that they were made in due time and that they raise the question as to whether or not the facts found by the court below wanant the money judgment of 5,250 pesos. As there seems to be no assignment of enor in the bill of exceptions applicable to that pal't of the judgment awarding possession of the premises to the plaintiff, WC' are not called upon to pass upon that pnrt of the judgment and to apply the doctrine laid down by this court in the case of Donaldson, Sim & Co. vs. Smith, Bell & Co., decided April 23, 1903, in which case we held that the plaintiffs "not having entered into possession under their lease. they had acquired no rights in the leased property in the nature of a right in 1·em. and which third per· sons were therefore bound not to infring('. and that. on t.hnt account. the plaintiffs in that action could not recover damages for the wrongful occupancy of the pl'emises in question." The only question. therefore, to be considrred is wh<'ther or not the prope1· rule of danrnges has hC'en appli<'d in this ea"l' and whether or not the ('\'idrnee warrnntc>d thnt pal't of the jmlJ!mc>nt rendered for damages. The learned judge who heard the C'ase below -stated in his OFFICIAL GAZETTE 3 dt~cbion that the testimony upon the (jUestion of damages sustained Ly tlu~ plaintiff by reason of the unlawful possession of the <l<>f1•mlant "'is vrry nwager and unsati;;factory" and this is certainly tnw, for it is \·ague, speculati,·e, and not eonfinC'd t.o the ]ll'O]l<'l'ly in qu<>;.;tion. It seems that thr plaintiff occupied as a saloon a part of the building, that part lhrreof L<>ing known as Nos. 62 and 64 Ca1le Finn 1"<'nmndo; and that the defendant occupiC'd Nos. 56, 58, and 60 of the same building and all the upper story of the same. am! canicd on a saloon business, restaurant, and lodging ~ou>'>e. :\lut·h of the l1'stimon;y as to damages or profits <']aimed by lhC' plaintiff went to show, not whi1t the actual profitg were, hut rathl'r ,,·hat the plaintiff might expect them to be hnd he possession of the whole propC'rty. Thus Hnmon Pnzos, the lessor, testili1•1l that thC' plaintiff might exped, if he had been in entire po»>'P~-~ion of tlw property, eight or nine hundrC'd peso!'.!, Mexil·an, 1wr month. and that he based this opinion on the fact Umt it brought in that profit in 1898 and lli99, long before this suit was hC'p;Hn. Tiu· pl11intiff himst:'!f testified that he might reason· ably l!an• 1•x1wct1·d to realize from the posst>ssion of th<> c11fire building $500, gold, per month "taking into consideration the injury 'to his business caused by the opening of another establishment next door to hb." Another witness testified that he k1ww where .. th<' building Xos. 5(). 58, 60, 62. and li4 Cnlh• Han Fc•rnando was situntl'd" and that the profit whil'h might reasonably hl' expectccl from the pos,.;ession of "that building" ought lo be "not less than a thousand pe:;os per month." The fast witnr"s who testified on thr question of profit statr-d that he OC'('llJlicd, under the defendant, the restaurant; that for the first fom months he made about $200, gold, abo\·e expenses; that for tlw lqst two months he was hardly able to clear expenses, and that latterly he had been obliged to draw on some mon<'y he lrnd in onl<'l' to defray expenses. If the plaintiff sought to make such proof as would entitle him to a mone~· judgment for damages, under the provisions of artic\r 4,j;J of the Civil Code prodding that a possessor in had faith shall pay for fruits coll<'ct<>d and for those which the possessor c•ottlcl lrn\·e received, he should have confined his proof to that purl of the building occupied by the defendant aml to thr h·gal measure of damag<'s, not to what profits lw "might exp('(·t" or what they "ought to he." Snd1 proof as this is too in<ll'finilc and nncertain to enable a prop<'r eonc\usion to ht> rl'aC'hed regnrding- tlw amount of damages. In the east' of )lc·)Jahon (114 Mass., 140) the plaintiff sought to show tlu· n•ntul \'a\ue of a strip of land if used in conneetion with adjiwcnt pl'Op<'rty. and with that purpose in view asked a witnrss: "Whal would he a fuil' annual rental of this passageway to hP usl'd in 1•011neetion with the estate to which it br-lonhl"'!;• situalP as this C'staU- is'!" The question was o!Jjccted to ;tml f'Xl·lml(•d on tht- ground that the q1wstion to b(' dt>tenuined wus tlu• n.lnr of thl' stl'ip of Jund, without reference to any purtil'ular or sprdfie use to whieh it may or ma:r not he put, and in exduding it the C'OUrt staled that "the annual ntlue is not what it is worth C'itlwr to the t(,nant or tlie dl'nmndant. It has no tC'nd<'IW,\' to pro\'C the markl·t \'ahw, nor is it nmterial that it may ht• C'SJJC'ciu\ly \'ahmble to either by rr-ason of any speC'ial or partieular use to whieh it has b!'ell or may be applird. The anmml nilue is whaL it is fairh• and reasonably wol'th under all t.lw surrounding t•ireumstnne1·s.' in the mnrkC't f~r any purpose. eonsideriug all its prrs<'nt arnl futurl' c;tpabilities for use." The provisions of tlw Louisiana Civil Codi' are somewhut similar to thosl' of our Codf' reluti\'l' to damages for wrongfullr rrtaining poss('ssion of lam!, \'iz: "lit• \l'hO knowing!}' kr-eps poss(',:.sion of anolhN',:. estate is C'ompl'llrd to ;H•cotmt for all profits. tow·ther with tlw land.'' l'ndN lhpse rC'quin'nll'nts. thl' Rnprl'IJH' Court of the United sta\p,:. lll'l<l. in J.\w cn,:.c of New Orlenns Vi'>'. Gai1ws ( l:i \\'all.ace, 624). that the damages for withholding possession from the rightful owner was the rental value, and cited with appro\·al the case of Vandevoort 1J.S. Gould (36 K. Y., 6:U)), in which ease it was decided that "mesne profits are what the premises are worth nnnually, with interest to the time of the trial." This, too, seems to be the view of the learned counsel for the appellee, for on page 24 of his brief we find the following: "In the case of \\'allace, Executor. vs. Berdell et al. the Court of Appeals of New York (3 N. E. Rep., iiO), discussing the terms .. mesnc profits" and "rental value," says: "'It would be manifestly unjust to confine the owner of th<' property withheld from him to the rents actually received by the party required to make restitution. The owner should ha\·e either those rr-nts, or the rental value. as may be just under the circmnstances. • • • The mesne profits consist of the net rents after dC'ducting all nc<'essary repairs and taxes. or the rental value, or the \•alue of the use and occupation. That is nil of which the party from whom possession hus been withheld has been d('prived.'" It is stntr-d in volume IO of the Encyclopcdin of Law, page s:m, that the universal rule is that the measure of damages is thf' fair rental rnlue of the property withheld, and numerous <'ases are l'ited to sustain this proposition. The general principle on which damages al'e allowed iS that the plaintiff is entitled to rerover damages fairly resulting from his ha\'ing been wrongfully kept out of possession. Compensation is the measure of damages. Hence, on principle, the amount of re1·overy for mesne profits is the annual value of the premises wrongfully withheld from the time plaintiff's title acc1·ued. (Naiih '1:8. Sullivan, 32 Minn., 189; Cutter V8. Waddinghnm, :l3 Mo., 269.) Section 84 of the Code of Procedure requires judgment to be rendered for the plaintiff if the court finds the complaint to be true "for restitution of the premises and costs of suit and for all arrears of rent or a reasonable compensation for the use and occupation of the premises.'' This compensation is the rental rnlue of the premises, and such value could douhtless have been C'asily ascertained; but instead of adopting this rule of ascertaining the damages suffered by the plaintiff, the coul't permitted witnesses tO gtll'Ss at the profit.'l which were "expected" or which "ought to he" received, and ordel'ed a money judgment upon such testimony, reaching the amount named "without any testimony," as was said "to guide the court." In arriving at this ronclusion the j mlgc below st.a ted: "l ha\·(' come to the conclusion that the witnE"sses intended to eonvey the idC'a that the use of the property, together with the time, skill, and capital of a man competent to opernte the same for the purposes for which it has been operated, and the reasonable profits dl'rivcd therefrom, would aggregate $1,000, Mexican, per month, and, without any testimony to guide 1111'. I ha\'e determined that the time, skill, and capital would be worth the half of this sum. thus leaving 500 pesos per month of profit," and judg· ment wus renclerE"d accordingly. Jn view of the decisions of the courts cited abo\'e, and of the lomguage of article 84 of the Code of Procedure pl'O\'iding that the damages in a case of this kind shall be a reasonable compen· sation fo1· the use and occupation of the premises, we are of opinion that the court below 11dopt<'d an erroneous rule in nscer· laining the amount of damages in this case, and that the proof was not sullieiC"nt to justify the conclusion of the comt or the jud:,'ll1ent ent<'l'ed for damages. The judgment is ther<'fore rr-1·ersed and a new trial ordered. with the coiits to the appellC'e. The (Jerk will E'ntcr judgment accordinizly nnd remand thP case for further proeer-dings in Mnformity with this opinion twr-nty Jays from this date. Arellano, C. ,J.. Torres, Cooper, \\'illnrd. ::'llupa, and .Johnson. ,J,J., Xmv trial grunted. 4 OFFICIAL GAZETTE [No. 889. November 28, 1903.J 'J'/lfJ C.\"l'J'R/J S'l'A'l'ES, complainant and appelle, rs. 1'f:ODORO OLIGORBB, defendant and avpell<mt. .. 1. CmMIXAL LAW; Ho~llCIDE; SELF-DEFENS•:; Evm£NCE.-Wbere no person witnessed the encounter between the deceased and the accused, the fact that the mortal wound was lnfflcted with a bolo belonging ti> the deceased, fvund In the bands of the defendant, in the presence o! the de<·cased. Immediately after the occurrence, Is not aullklent to bring the ('SSC within the provisions of article 8, No. 5, of the Penal Code, which exempts from crlmlnal liablllty those who act In self2. [n.; In.-The facts of the case held sumclent to connect the defendant with the corumisslon of the offense of homicide. Al'l'EAL from a judgment of the Court of First Instance of l'angasinan. The facts are statr.d in tlw opinion of the court. .JuAx BENGSOX, for appellant. Solicitor-General ARANETA, for appellel'. l'OOl'•:R, J.: Teodoro Oligor(' . .; was charged with the crime of homicidl' in the> killing of Guillermo 8alvador, alleged to have been committed in the following ma.nner: On the 11th dav of October, 1901, in the barrio of Nancamaligan, town of Urdanet;, of the! Province of Panga.sinan, Teodoro Oligores inflicted brn serious wounds with a bolo on Guillermo Salvador, from the result of which the latter died on the day following. The defendant was found guilty b~· the Court of First Instance and was sentrnced to fourteen years eight months and one day of reclusiOn tcmpo1·al, with the! accessories, and to the payment of an int\cmnifiCation of 500 pesos to Sinforosa Palangco, thf' widow of tlw deceased Guillermo Salvador, and to the payment of the costs of the proceedings. From this judgmt:>nt the defondunt hus ap· pealed to this court. One of the errors assigned is that it was not proven that the accused was the author of the death of the decf'ased, Guillermo Halvador. There wet·e five witnesses who testifi{'d for the prose· cution, and, while none of them witnessed the inflicting of the wounds by the accused upon the deceased, yet we think that it has hr.en established beyond a reasonable doubt that the killinµ: of tht> df'ceased was done by the defendant. Luis Salvador, a witness for the prosecution, tPstified that ht• went to the place at which the decea.'led a.nd the defendant wen• almost immediately after the occurrencf': that the defendant, Tf'odoro Oligon•s, still had in his hand the bolo with which the wonnds had been inflicted; that he found the dr.ceascd sitting down; that the defendant was thf'n still in the presence of the dece.ased; that tilt> dece~sf'd statf'd to thl' witness he had called him to come there hf'causc he had had a 11m11-rel with the defendant concerning the houndal'if'.'l of thf'ir land nnd had been wounded by thf' defendant: that the witness turned to the defendant und nsked him if it was lnie nncl the latter s1tid that it was; that tilt> deceased was woundE"d in tht> neck and on the left shonlder and that the wounds \H'rt' inlliC'l<'d by Olli' stroke of a. bolo; that the bolo with which thC' wounds w<>re inflicted bclong<'d to the deceased; that the dC'ceascd did noi spf'ak again aftf'r th<"" com·ersation above statt:>d and that he diC'd the next da~·; that at the time thC' witnt:>,•n; nrrh·f'd at the place of the killing the defendant wus appl~·ing somf' l'C'lllf'dies made of l1t>rb~ to the wounds of the deceased. HinforO!m Pnlnngco, the wife nf tlw decC'nst'd. testified that being informed of thC' qunrrf'l betwt•f'n tht> dcC'ellscd and thl' def<""ndanl. she went to t.hf' pl11.ce and found thnt:> present the deceas('d. thf' 1\f'fe>nd11nt.. nnd Luis SalVndor: that her husband at that time wa"' unable lo spt'nk: that ti\(' 1kfC'ndant was sitting- nt thE" sidE" of Luis Snlvador and had in his hand tht' bolo which belonged to thC' d1•eensed; tlrnt the> clccf'n.c;ed was a nephf'w of thf' defendant's wife. The defC'ndnnt tC'stific>d in thf' cnst' and stnted that. on Friday, wllil<' hf' wm~ nt homf'. a hoy cnme to say to him that thf' df'ceased. •Headnotcs by Mr . .TustkE" Cooper Guillermo Salvador, was wounded and wished the defendant to render him assistance; that at the time he arrived at the place where the deceased was he found him sitting down; that it was at a place within the boundaries of his (the defendant's) land; that when he reached the place where the deceased was he found the latter had been wounded and was bleeding freely; that the witness spoke to the deceased and asked him who had wounded him; that the only reply made by the deceased was that he came from the rice field; that the witness did not ask him the second time, because the deceased requested him to go home for medicines to apply to hfs wounds, and that he accordingly at once \Vent off for medicines in order to save the life of the deceased, and, when he returned to apply them, Luis Salvador arrived; that up to this time the deceased was not able to speak; that Luis Salvador aceusecl the witness of being the party who had wounded the deceased in a dispute about the boundaries between their lands; that he denies having made a statement to Luis Salvador to the effect that he (the \Vitness) stabbed the deceased. The witness further stated that there was trouble betwf'en him and Luis Salvador on account of their land boundaries. Alipio Benito testified that on Fridny evening the defendant had sent him to repair the fence around the defendant's land; that while he was there working he su w the deceased approaching the place and that the latter asked him to call the defendant at once to treat his wounds; that the witness did not ask the deceased what was the matter with him, because he was told to call his master at once and immediately went off; that he did not see the wounds; that he went to the house of the defendant at about 2 o'clock and found him there asleep and that it was about 4 o'clock when the defendant left his house and said to the witness: "Wait a minute, I am going to speak first to these two men," referring to two men who were then present; that the witness supposes the defendant did not go to render the deceased assistancll immediately because he wanted to have a conversation with these two men; that it was important for him to speak to them because he wanted to send them to plant sweet potatoes. On crossf'xa.mination this witness stated that when he saw the deceased the latter was coming over the rice field, very muddy, and was wounded and told the witness to call his master, as he had been wounded and required treatment. Two other witnesses for the defendant, Pedro Malde and Argapito Presto, testified that they were at the house of the defendant wlwn Alipio Benito came and reported that the deceased had been wounded nnd wanted the defendant to come and treat his wounds. These witnesses testified that they were planting potatoes and that they continued their work and did not see the deceased. The statement of the witness Alipio Benito seems entirely improbable. That the defendant should have delayed going to the pince where the deceased was lying for two hours after having heE"n notified of the distressed condition of the deceased, for so trivial an excuse as was gi\·en, is not probable; nor is the statement made by this witness that when he first saw the deceased the lattf'I· wai;; coming across tht:> rice field, muddy and wounded, probable, in view of the serious nature of the woundi;; which had been inflicted on the deceased. It was a strange circumsfatnee also that neither this witness nor the tlE"fendant. when they reached the place where the deceased was found wounded, remained long enough with the deceased to ascertain from him who had inflicted the wounds, the explanation of thP witness Benito being that the reason why he did not ask the det't'l\Sed what was the matter with him was because the deceased had requested him to call his master at once, nnd he immediately left; while the explanation of the defendant was that he asked the deceased what person had wounded him and, failing to receive It rrply, did not ask the deceased a second time. because he immediately left for medicine to apply to the deceased's wounds. The dPfendunl':;; counsel further contends that if the killing really wus done by thf' deff'ndunt it i~ probable ~at he and the OFFICIAL GAZETTE 5 deceased were engaged in strife, and, in a critical moment, the de· fenda.nt .11eized the bolo of the deceased and wounded him and that the case falls within the provisions of No. 5, article 8 of the Penal Code, which exempts from criminal liability those who act in defense of their person. The fact that the bolo with which the deceased received his mortal injuries belonged to the deceased is a circumstance which might be considered under a different state of facts than exist in this case, but in view of the failure of the defendant to state in the admissions made by him to Luis Salvador that he had inflicted the wounds upon the deceased in a quarrel and in self-defense and the failure of the defendant \vhen testifying in his own behalf to justify himself as having acted in self-defense destroys the effect of the circumstance that the bolo with which tl1e wounds were infticted belonged to the deceased. We think the defendant should be given the benefit of article 11, Penal Code, as SL mitigating circumstance. This will reduce the term of imprisonment to twelve years and one day reelusi6n C1nnporot, and, proceeding to correct the judgment of the Court of First Instance in this particular, we now adjudge the defendant, Teodoro Oligores, guilty of the offense of homicide as charged in the complaint and sentence him to imprisonment for a term of twelve years and one day, reclusi6n. temporal, with accessories, and to the payment of an indemnification of 500 pesos to Sinforosa Palangco, the wife of the deceased Guillermo Salvador, and to pay the costs of the proceedings. Arellano, C. J., •.rorl"es, Willard, Mapa, and McDonough, JJ., concur. Johnson, J., did not sit in this case. Judgment modifi,ed. [No. 1339. November 28, 1903.] THE UNITED STATES, complainant and appcllcc, -vs. PEDRO M.4.GBINO, defendant and appellant. •1. CRIMINAL PROCEDURE; INFORMATION; NONPREJUDICIAL ERROR; INTER· VENTION OF STRANGER.-Where the Information la algned by the provincial II.seal and the prosecution Is carried on by blm It Is sutnclent authority for the prosecution; tbat another, not entitled to recover damages or carry on the prosecution, Intervened In the caae, no judgment having been rendered In ravor or such party and It not appearing that It tended to prejudice any right of the defendant, will not be sumclent cause for reversal of the judgment on account of such error. 2. CRIMINAL LA.w; ROBBERY.-The facts In this caae held sumclent to connect the defendant with the commission of the offense. 3. CBtM.lNAL PROCBDUBE; RECORD; AFFlnAVIT.-An amdavlt attached to the brief or the defendant, made by a wltneaa, stating that the testimony or the wltneas given at the trial was untrue, not being a part or tbe record can not be considered at the hearing In this court. 4. CRIMINAL LAw: ROBDKRY: BUILDING DBFINBD.-Tbe word "building" mentioned lo article li12. Penal Code, embraces ao1 kind o( structure not mentioned In paragraph 1, article 508, Penal Code, used for the . 11torage and sare-keeplng or personal property, nnd embraces a freight car In which sugar was transported. 5. In. ; In. ; BREAK111:0.-The unnalllng of a strip of cloth nailed over the door, the customary manner or aeallng a Creight car, conatltutes a breaking by force within the meaning or article 512, Penal Code. APPEAL from a jllllgmcnt of thP Court of First Instan<.'C of Pam· pnnga. The facts nre stated in the opinion of the court. PERFECTO GADRn;L, for appellanL Solicitor·Geneml ARANETA, for appe1ll't'. CooPER, J.: The defendant, Pedro Magsino, is charged with the offense of robbery committed in the following m1tnncr: "Marinna Dy-Seng, a Chinaman, loaded at the railway station in tl1e town of Angeles. on August 27, 1902, 70 pilones of sugar to be shipped to Manila. When the cur arrived a.t Manila it contained only 36 pilones of sugar. 34 pilones of the a.mount --------------•Hendnotce by Mr .. Justlre Cooper. iihippcd by Dy-Seng being lacking; that the accused, Pedro Magsino, agent at the said station, abstracted by force by unnailing the strips of cloth used to seal up the door of the car which contained the said sugar, and that, after the abstraction, again fastened the door of the car." The defendant was convicted on October I, 1902, and was sen· tenced to the penalty of one year and ten months of presidio corroccional, with the accesories of article 58 of the Penal Code, and was adjudged to make restitution to Mariano Dy-Seng of 34 pilones of sugar or to pay to the latter the sum of $246.50, its value, and, in case of insolvency, to the corresponding subsidiary punishment at the ri.te of one day for each 12; pesetas, and to the payment of costs. The defendant appeals from this judgment. It is contended by counsel for the defendant: ( l) That the court erred in permitting Geronimo Manola, station master of the railway company, to prosecute the case, the party injured being the Chinaman Dy-Seng; ( 2) that the proof is insufficient to shbw that the defendant had any participation in the abstraction of the sugar, either as author, accomplice, or encubridor; and (3) that the court erred in qualifying the offense as robbery, the facts charged in the complaint consisting in the act of unnailing and reua.iling the strip of cloth placed over the door as a seal, this act being not included within the provisions of article 512 of the Penal Code. I. As to the first objection-that is, that the injured party was the Chinama.n, ,Dy·Seng, a.nd that Geronimo Manola, the station master, should not have been permitted to prosecute the ease-it is sufficient to say that the inf9rmation was signed by the pro\-incial ti.seal and the prosecution wu conducted by him in the court below. The case cited by counsel, the United States t1s. the Municipality of Santa. Cruz, is not applicable here. In the case cited the prosecution \Va& not carried on by the provincial fiscal, but it was instituted and carried on by the municipality of Santa Cruz, which municipality had no direct interest and was not entitled under the provisions of section 107 of General Orders,. No. 58, as the person injured, to take pa.rt in tl1e prosecution of the offense and to recover damages for injuries sustained by reason of the same. The judgment was rendered in fa.vor of Dy-Seng for the damages resulting from the taking of the 34 pilones of sugar, and no judgment has been rendered in favor of Geronimo Manola. Where the complaint is signed by the provincial fiscal and the prosecution is carried on by the Government, it is sufficient authority for the prosecution; that others, who were not entitled to recover damages or carry on the prosecution, intervened in the case, is not such error as tends to prejudice the right of the defendant upon the merits, no judgment having been rendered in favor of such intervening party. II. The next assignment of error, that is that the evidence is insufficient to show the participation of the defendant in the taking of the sugar, will require a review of the evidence. It appears that the defendant Magsino was an employee and agent of the railway company at the station of Angeles; that the Chinaman Mariano Dy-Seng, on August 28, 1902, carried to the station 70 piloncs of sugar, which was loaded under the direction of the defendant as such agent, in a freight car, foi- shipment to Manila. Mariano Dy-Seng, as the shipper, sealed the ear after it was loaded by placing upon the door a strip of cloth, the customary way of sealing a freight-ear door, the defendant at the time being near by. The defendant, ae agent of the <.-ompany, then issued a certificate to Dy-Seng to the effect that the ear contained 70 pilones of sugar of the weight of 7 ,000 kilos. The sugar was Rhipped and im·oiced to Chua-Koko in Manila. \Vhen the car reached San Fernando, Pampanga, en route to Manila, it was again weighed and was found to <.'Ontain but 3.110 kilos, about 36 pilonPs of the sugar. Wh("n it reached Manila it was examined by Chun-Koko, thP ronsignl'C. and was found to rontain only 38 pilones of sugar. Dy·SPng l'xamined thP e.ar at Manila and found 6 OFFICIAL GAZETTE th;1t tlJP ,.;trip of (·loth nailed ovn the door a;; a seal had been broken. It appean1 that on August 2i one Espil'i<lion Ba,;ilio was making some shipm<'nls of sugar to l\falolos, haYing ;;hippecl two curs of iO pilonc!:! each to that station; that he accompanied the,;e shipmPnts to ~lalolos, and while at Malolos on August 29, 190::?. onr Prdro Rondiango arrived there. luffing in his eharge an in\•oit•e of 34 piloncs of sugitr whit•h had hf'rn shipped from An,:rPl<'s to ;\lulolos. This im•oi<'e was sent by the defendant, l\Iagsino, to Basilio. with the request that the latter !!hould assist the former in making the sale of the sugar mentioned i~ thr invoire. Basilio answerC'd saying he did not have time to attend to the sale of the sugar for the defendant, on account of his having to lea\'e for Manila, and turned over th<> invoice to n Chinaman, Tomas Iniguez, leaving the sugar with him. Basilio, after hi-,; return to Angelt>s, in a conversation with the defendant. asked defendant where the sugar came from. The defendant replied that it l'ame from his father, to whom it had been delivered as rent by Tomas Dison. After the return of Basilio to Ani..reles. at the request of the defendant, Basilio sPnt onl' Hilaria de la Cruz from Angeles to :\Ialolos to look after th<' sugar. !".he hParing a letter to the Chinaman. Tomas Iniguez. Upon the presentation of this lPtter to Tomas Iniguez at Malolos, hr dC>liwred to Hilaria 200 pesos as a pa.)·ment on account of the sugar which had bC>en left in his charge b,)' Basilio. Hilaria tPstified that she returned with the money to Angeles and there turned it over to th<> defendant. The defendant testified in his own behalf and made the following statement with reference to the. shipment of the :34 pilones of sugar from Angeles to l\falolos. He st.atrd that in the eomse of his duties, as agent at tlw station, whenever the station master was absent ancl merchandise was sent to the station for loading·, he attended to supplying the car; that between 6 and j o'clock of the morning of Aubrust 28, 1902, Espiridion Basilio re>quested a car for the landing of some sugar; that at this hour the station master, ].fano\a, had not arrived; that ahout 7 o'clock in the morning he ga,·e an order for the loading of the sugar and thai the car was loaded between 9 and IO o'C'lock; iha.t on the same day after the sugar had been loaded, Basilio enlt>red the office and asked him to invoice the sugar, nm! to this th<' defendant replied that the train was then in sight and that he would send the invoice to Basilio at 1ifalolos; that Basilio, after leaving $7.00, the amount of freight chargrs on the car to Malolos, took the train for Malolos; that on the following da:o• the defendant, seeing Pedro Sondiango in the station and learning that Sondiango was going to Malolos, requested him to take the invoice to Basilio. The drfl'ndant on cross-cxumination denied that the ;~4 pilones of sugur shipped from Angeles to Jlalolos was his propert:o' or that he ('\·er made any C'lahn to it. He also denied the >ltatement of Hilaria de la Crnz to the effect that she eYer turned over to him the 200 prsos which she testified to having rrceivcd from the Chinaman, Tomas Iniguez, at :Malolos. Th<>re is attached to the brief of defendant's cotms<>l an affidnvit of Hilnrin de la Crnz in which she states that her te..;timony on the trinl was given at the request of her brotlH'l'-in-law, Espiridion Basilio; tliat ,:;he had also hern threatened with death hy G<'ronimo Muno\a, the station muster ut Angeles, if she did not testify in the nrnnnt•r in which she did on the trial of the t'Us<'; that she wishrd now to rctra<·t all she snid nt the trial of the case und 1<1..ntrs that it wns not tnw thnt she delivered any moll<')' to tlw tlefendant, 2\law•ino, at any time on ac-t'onnt of the salC' of tlu• sugar. This d<'clnrnlion on oath l'lln not hf' t•onsidered in the d<>t'ision of this t•ai>P. 11s it was not d<'lin'red nt tht' trial anti is not contain('(! in the re<"ord. nor would it be entitled to 1my weight if coni>ilh•red. I-Irr t<'stimony given in th<> trial was consistrnt and has the 11ppcnrnnt'r of being true. The following facts in the ea!:\e seem to b<> mwontro,·crtt>d: That :14 pilom•s of tlw iO pilont•s of !:>Ugnr h1•longing to D:i•-Seng and loaded on the ear at Angeles were taken out of the <"ar before> it reached Manila. This was shown hy the testimony of Dv·Seng, who examined the car after it reached Manila. and bv th~ testimony that the car wus short this amount ,~·hen re~\·eighed en route at San .Fernando, Pampanga; that the exact amount of this shortage was about the same time shipped from Ang<'h•s to '.\Ialolos; ~hat th.is shipment to Malolos was not nm.de through aeeidrnt or mistake Is shown by the testimony of the defendant, who states that he shipped 34 pilones of sugar from Angeles to ].lalolos. consigned to Basilio, the invoice for which he sent to Basilio at )falolos by Pedro Sondiango, and by the testimony of Basilio, who states that he rec<'ived from the hands of Pl'dro Sondi;m"o the invoice of the shipment, and by the testimony of 8ondiang: that the defendant gave him the im·oicc at Ang<>les which he delivered t? Basilio at :Malolos; that the :)4 pilones of sugar were surreptitwusly taken may be inferred from the fact that it was placed in the hands of the Chinaman, Tomas Iniguez. for sale, and that both the defendant, who loaded it, and the consignee Dasilio, wl10 received it at Malolos, deny any claim to it. The opportunity of the defendant for abstracting tlw sugar from the car of Dy-Heng and reshipping it to :\Inlolos wus ;;uperior to that of Basilio. Jn the performance of his duties as agent at Angeles the loading of cars was intrusted to the defendant, thus atTordi?g him, without suspicion, the opportunity of handling the sugar rn the car loaded for Dy-Seng and reloading it on the car sent to :Malolos; while on the other hand it is entirely improbable that Basilio could hnve performed this act at the station undisco,·ered by the emplo:i-·ees of the railway company. These ~ircumstanccs tend strongly to corroborate the testimony of the witnesses who testifird against the defendant. The testimony of Basilio plainly made out the case against the defendant. His testimony is direct and positive that he was in Malolos nt the time the inYoice was sent him and that it was sent by the drfendant with the request that the sugar be sold for his account. The testimony of Hilaria de la Cruz was also direct and positive to the effect that she went to l\fololos to make the colleetion from the Chinaman Tomas Iniguez, nnd collected from him $200 on account of the sale of the sugar, and delivered this amount to the defendant. It seems entirely probable that the defendant availed himsl'lf of the confusion which might occur by the shipmf'nt at the same time of a like quantity of sugar belonging to Dy-Heng and belonging to Basilio, and, taking advantage of this, abstracted from the car of Dy-Seng the 34 pilones of sugar belonging to him and shipped it to l\falolos as a part of the shipment of Dnsilio, in hopes, pC"rhaps. of seeming the coOpemtion of Bu ... ilio in the theft. The testimon~· is entirely sufficient to fix upon the defendant tlie crime of abstracting the 34 piloncs of sugar bPlonging to p,\'·Reng. HJ. The only 11uestion that remnins to be dct<'l'lllined is wl]('ther lhe off~nse committed is thnt of robbery as defined and punished hy article 512 of the Penal Code or is that of rstafa. This article reads as follows: "ART. 512. Robbery eommittrd in an uninhnbit<'d phi.c<' or in a building which is not onP of those mentioned in the first paragraph of article 508, if the value of the obj<>ets robbed should eXCl'ed 1,250 pesetas, shall be punished with the punishment of prc.~idio co1·reccio11al in its minimum and maximum drgrre, provid· ing that nny of the following circmnstnnees hr attendant, nmong thrm; \Yrongful entry; brenking of walls, roofs, or floors; the forcing of door><, wardrobes, ete .• coffers or am• other kind of furniture or locked or >;eal('Cl objects." . We think that the ear in which the "ll/.f!H hrlonging to n:.·-Rrng was loaded came within the> lllt'aning of this srction of tlw P1·nal Code. The word "building" nwntioned in nrticle 512 wn.s t•Yiciently intended to embrnt'e nn:i· kind of structurr not mt•ntiorwd in thr first pnragrnph of artit'le 508 usrd for th<> stornge or snfc·krrping of personal propNty. That thcrP was a breaking b:o· force wf' think is also sho\nl by the 1•\·idc1we. Thr cnr. aft;•r ll<'ing londrd, was. h:o· tlw O\\'ll('I' of thl'" OFFICIAL GAZETTE 7 cargo, Dy-Seng, closed by nailing a strip of cloth over the door so as to seal it, the customary manner of sealing a freight car. Dy-8cng tPstiticd that, upon the examination of the car at :Manila, the strip of cloth had been unnaill'd and again nailed over the door. This was a breaking by force within the nwaning of the statutr. IV. We think the court also properly applied the aggravating circumsbnce mentioned in Ko. IO of article IO of the Penal Code; that is, that it was an act committed with abuse of confidence. It was the duty of the defendant to superintend the loading of curs, and he availed himself of the opportunity which this office afforded him for abstracting the sugar. There was no error committed by the Court of First Instance in the conviction of and in the sentence imposed upon the defendant. The judgment is therefore affirmed, and the costs of this appeal adjudged against defendant. ~ Arellano, C. ,J., Tones, Willard, ::Uapa, and :\olcDonough, JJ., Johnson, ,J., did not sit in this case. . Judgment affe1·mcd. · [No. 1415. December 2. 1903.] '1'/JE u-:r.:17'RD 8'1',l'l'ES, comvtaina11t and appdlr-r•, rs . . .fX,lX'l'.-l810 MA.NGUBA'l' BT .rlL., def•!nda11ls (11rd <•·1'J!l'flants. 1. CRIMINAL PnoCEDURE; INFORMATION; DUPLICITY.-An lnformatlou wblcb charges the commission of "robbery in a band, or brigandage" and alleges facts showing the commission of an act of robbery by a band of robbers, simply sets out the same fact In different aspects and Is not bad for duplicity, 2. Io.; ID.; CONVICTION OF LESSER OFFENSF..-Where tbe information charges brigandage. and the evidence discloses the commission of au act of robbery but falls to show that the act was committed by an "armed band'" within the meaning of Act 518, the defe11dants may be convlc\.ed or the lesser oft'cnse of robbery. 3. CRIMINAL LAW; ·BRIGANDAGE; ROBilF.RY.-To justify a conviction of· the crime of brignndagE! the evidence must show that at least three members of the band were armed with deadly weapons. APPEAL from a judgment of the Court of First Instance of Laguna. The facts are stated in the opinion of the court. MAmANO FER'.\IIN, for appelluuts. Solicitor-General A1tANE1"\.1 for appellee. JonNSON, J.: These dtofendants were charged with ··robo en c1iadrilk1 or ba11dolcdsmo" as follows: That the said accused, on the 9th of December. 1902, in San Pablo, of the Province of Laguna, conspired toi.,rether and formed a band of ladrones and robbed various persons by means of fon·e and violence in an uninhabitatecl place and went upon the highways armed with cleaclly weapons, On the 10th of .July, 11103, the judge of the Comt of First Instance of lhf" l'ro\"incc of Laguna found the uccnsed g-nilty of the erime of brrndoleri1w10 and sentenced enC'h of them to be impdsonecl for a period of twenty years, to indemnify th(' persons robbed, and to pay the costs. The defomlants cll•mmTcd to the complaint filed in the saill cause, alleging thut it <'Olltained allegations of two distinct causes. The trial judge O\'errnled the demurrer. The court held that the complaint contained but one cause and that the allegation robo en. cuadrilla or bandolerismo simply set out the same fact in different nspect>i. There was no error in O\'erruling the demul'l'er. The prnof laken in the trial of the said llC'cused showed l"Oll('\nsinly that thC'y hud Joinrd in robbing with violence Aurelio Hirero. Alejo Punto. uncl Grrgorio llao of penmnnl proprrty hrlonging to them of the vahw of 1:1. 6, and 4 pesos, resprctivel.''· ThC'l'<" was much (•onlli(•t in tlw r\·idencc relating to thr qut"'" tion whether the at'cused were armt'd, us t'ha.q~ed in the complaint. This proof was not sufficient to convict the said accused of ba-11dolel"i.~mo under Act 518 of the l'nited States Co111mi,.;,.;io11. because it was not shown that the said accused Wl're armed. Jt icas suflic:i<'nt to convict them of the crime of robbery. The said accu,;c-d ure therefore hereby found to be guilty of the crime of rohbel')' with force and intimidation. The offense proven is punished under subsection .) of article 503 of the Penal Code. There were neither aggrnYating nor l'Xtenuating circumstances prnven. Therefore the medium degree of the penalty proviJed should be imposed. By applying the rule laid down in artil'il' 82 of the said code, the medium degree is found to be six vcars and ten months of prisi611 ma}for. ~ The sentence of the court below is hereby modified and the said accused Anastasio :Mangubat, Antonio Bondad. Prudencio Celina. and E;;teban Guevara, and each of them. are herebv sentenced to six years nnd ten months of prisi611 mayor, to indemnify thl' said persons rnbbed in the sum of $23, Mexican, and to pn)· all costs. Arellano, C. ,J., Torre,,, CoopPr, \Villard, Mapa. ~Ic·Donough. JJ., concur . ,f udgm en.l modified. {No. 1374. December 3, 1903.] THE UXITED STATES, complainant a11d appellant, vs. CRISTINO REl'ES, defenda11t and appellcc. 1. CRIMINAL LAW; CIRCUMSTANTIAL Evm1::Nc1>.-To justify a convlctioo on circumstantla.I evidence alone the circumstances must be just as convincing a.s when the proof Is direct and must lead lrreslstlbly to the single conclusion of the guilt of the defendant. 2. ID. ; EVIDENCE: REASONABLE DoUBT.-Proof beyond a reasonable doubt is such proof as is sumclent to overcome tbe presumption of innoceoce and to preclude every reasonable hypothesis except that which It Is given to support. APPEAL from a. judgment of the Coul't of First Instance of Manila. The facts ue stated in the opinion of the court. Solicitor-General ARANETA, for appellant. BASILIO R. MAPA, for appellee. JOHNSON,./.: The defendant was charged in the Court of First Instance of the city of Manila with the crime of larceny, as follows: "Before me, the undersigned officer of the court, personally appeared the complainant, who, under oath, mnde a statement to which he affixed his signature. that he had reasonable grounds to believe that Cristino Reyes, in the southern district of the Pasig River, on or about the 29th cln)' of ReptC>mbcr. l 902, in the city of Manila, illegally took, stole, and carried away with him a check for $500, money of the United States, and specie in the sum of $110, money of the United States, amounting altogether to $610, mone:v of the United States, the said check and speeie being the propert;, of Buel Wing, without the consent of the latter and with thr intention of illegally depriving Bud Wing. its owner, of th(' value of the said property and of appropriating the same for hfa; own and exclusive use." The defendant was brought to trial on the 28th dnr of October, 1902, and was dismissed for insnnieiE>nt proof on the snmr du)·. The prosecuting attonie)" appealed to this court. Brcnusl' the defendant hns been unable to give bail he has been in imprisonment since that dnte. The defendant was I\ serrnnt of one S. B. Kurtz. who wns sec· retary of the "Young Men's C'hristinn Asso(•iation" of '.\[aniln. and had been such serrnnt for se\"eral months prior to the time of the alleged commission of the snid offense. The as>iol'iation mentiont>d occupied u house nt No. 205 Call<' Henl. Intrnmuro>i. )fnnila. The defendant was a S<'l'\"llllt in this house. which was a sort of lodging house. containing several rooms. with numerous beds. On the night of the 28th of 8cpten1ber, 1902, one Bud Wing went to this bouse at about 11 o'clock at night for the purpose of 8 OFFICIAL GAZETTE ---------- - - - - - ----sleeping there. On retiring for the night he plac:ed the money and check referred to in his bed. His brother, a small boy of !J years, more or less, slept in the same room on the same night. The next morning, at about 8 o'clock, he and hi;; :;mall brother arose and left the house. On the same morning, at about 9 o'clock, he di1:1covercd that he had forgotten his monc•y and check. He thim returned to the house and examined the bed in which he had placed the property, but it could not then be found. The loss was reported to the secretary, Mr. Kurtz. There wt>rc two other servants in the said house. All of the senants were called together and closely questioned concerning what they knew of the alleged loss. They ea.eh denied having any knowledge or information concerning the same. The servants were ordered to search the rooms and to see if the money and check could be found. Later in the day the property in question was found on the floor in the room of the servants, where also the dirty linen was kept from time to time. The room in whi<oh ihe said Bud Wing slept on the night referred to was connected with a hall and another large room by means of doors. Other persons occupied the large room. On the morning when the property in question was alleged to have been taken all the sen·ants were in and about the house. It was the duty of the accused to clean this room in which Bud Wing slept. The evidence is not clear wlu~ther or not the linen on the bed in this room had been changed on thr morning of the 29th of September. Neither does the evidence show that the said property was hid away in the room where the dirty linen was kept. It is possible that the property in question was removed at the time the dirty linen was, and in that manner found its way into the room with the dirty linen. The lea.rited judge of the court below found that the evidence adduced on the trial was not sufficient to convince him beyond ~1 reasonable doubt that the defendant was guilty of the crime charged. There was no dil"ect proof adduced against the accu:-;ed. The evidence was wholly circumstantial. It is trne that the commission of crime may be proven by circumstantial evidence. In such eases, hO\vever, the circumstances must be just as convincing as when the proof is direct and positive. The circumstances must be such as to lead the mind of the judge irresistibly to but one conclusion, namely, the guilt of the person charged. So long as the acts of the accused and the circumstances can be explained upon a-ny other reasonable hypothesis inconsistent with his guilt he must be acquitted. If the judge, after hearing the proof, is not convinced beyond a reasonable doubt that the accused is guilty he must dismiss him. A reasonable doubt in criminal cases must be resolved in favor of the accused. A reasonable doubt has been variously defined. It is most difficult to define. It has been said that a reasonable doubt was the doubt of a reasonable man under all the circumstances of the case, This statement is too general and includes too much. Neither does the rule that the judge (or jury) must be convinced beyond a reasonable douht mean that he must be convinced to an a.bsolute certainty. This construction would preclude a conviction based upon circumstantial evidence. Proof "beyond a !"easonabll' doubt" does not mean, upon the other hand, proof beyond all "pos· sible or imaginary" doubt. lt means simply such proof, to the satisfaction of the court, keeping in mind the presumption of innocence, as precludes every l'easomible hypothesis except that which it is given to support. It is not sufficient for the proof to establish a probability, C\'en though strong, that the fact charged is more likely to be true than the contrary. It must establish tlw truth of the fact to a reasonable and moral certainty-a certainty that convinces and satisfies the reason and conscience of those who lll'O to act upon it. The judgment of the court below is affil'med. Arellano, C. J., Torres, Cooper, Willard, Mapn, and McDonough, JJ., concur. Judg1nent affermed. BUREAU OF CUSTOMS AND IMMIGRATION. TARIFF DECISIOX ClllCl"l,.\lll:i. ~o. 342.-Scal presses-not machi11ny. ~IA:SILA, December 2, 19UJ. To all Collectors of Customs: The following is hereby published for the information nnd. guidance of all concerned: "In the mu.tter of protest numbered 2261, filed June i9, 1903, of Messrs. Murphy, l\Ionis & Co., against the action of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of l\Ianila, as to the rate und amount of duty chargeable on certain mel'chandise described in Entry Ko. 13177, Voucher No. 21218, paid June 28, 1903. "The claim in this case is against the classification of certain seal presses of Ol'namented cast iron as 'machinery' undel' paragl'aph 257 (b) of the Tariff Revision Law of 1901, at $1 per 100 kilos, not less than 20 per cent ad valorem, the latter l'ate prevailing, instead of as 'manufactures of ornamented cast iron' under paragraph 33, at $2 pel' ·100 kilos, as declued. "The article in question is a common ornamented seal press of cast iron, having both a die and a bed, used to emboss design:-; upon paper or plastic material. By pulling down the lever of the pl'ess a cam concealed in the framework pushes upon a movable bar carrying the die, the die descends and presses upon the bed, and if thel'e be a sheet of paper intervening between the die and the bed a design is embossed u}ion it. "That this is a machine, howbeit a very simple one, admits of no question. The Century Dictionary in the definition of the word 'machine' specifieally enumera~s the crowbar, wheel and nxle, wedge, lever, pulley, screw, and inclined plane as such. \Vhile it is undoubted that such a simple contrivance is technically as much a machine as a bicycle, a typewl'iter, or a complicated printing press, yet in commercial usage it is not such, the commel'cial conception of a machine being of 1i construction mol'e or less complex. In the interpretation of a tal'iff the comme1·cial meaning of a word must always prevail over the merely technical. (See Tariff Decision Circular No. 213, with cases cited; also Tariff Decision Circular No. 174.) "Complexity of parts being one of the leading tests which differentiate a machine on the one hand from a tool like a pair of tongs or an appliance like an ordinary letter-copying press on the other, it is obvious that no general rule of decision for determining exactly the line of demarkation can be laid down in advance. Each case must, on the contrary, be determined as it arises. Due consideration should be given also to the manner of use and the power employed. "The seal press in question consists of the following parts: A rigid cast· iron frame, to which is attached the bed; a lever; a moving bar carrying on the lower end a die and on the upper end a plate to take the thrust of the lever cam; a spring; a pivot bar; and a guide frame. "In the opinion of this office the classification of such an apparatus as a mo.chine is not warranted on the ground of the complexity of its parts, its mode of use, or its commercial designation. "Protest numbered 2261, on the grounds above mentioned, is therefore sustained and a refund ordered in the sum of $10.64, United States currency. (Signed) H.B. McCoy, Acting Collector of Customs for the Philippine Islands." H. B. McCOY, .4cting Collector of Customs fm· the Philippine Islands. !-l"o. 343.-Lice11se fccs-ba,-kentine Alta; right to certificate of 11rotection- under section 117 of Act 355. ~1ANTLA, December S, 1903. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned: OFFICIAL GAZETTE 9 "Jn the matter of protest numbered 1860. filed February 14, 1903, by D. H. Ward, against the action of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, in assessing and collecting certain license fees against the harkf.ntine Alta, paid on Voucher No. 4924, February 12, l!J03. "The claim in this case is against the collection of a coastwise license fee from the barkentine Alta. The owner of the Alta, an Am(•rican C'itb:cn, tiled an application to secme a certificate of protection for his vessel, but stated that he did not desire or intend to embark in the coastwisC tl'atl(' and did not desire a coastwise license. Issue of <l certificate of protection was refused unless and until a coastwise lief!DSe should be taken out; on the ground that certificates of protection are for merely local use, and being of no avail to establish any special rights or privileges in any other ports than those of these Islands, their issue is an idle act and without warrant in law. The owner thereupon took out a coastwise license under protest. paying $1.289.38. United States currency. "It is against the payment of $1,289.38 as license fees that this protest is directed, and the question is thus raised whether a vessel which fulfills the requirements of section 117 of the Customs Administrative Act is required, in order to procure the certificate of protection provided for in that act, to also apply for and obtain a license to engage in the coastwise trade of the Philippine Islands. and to pay the license fees provided by law therefor. "Section 11 i reads as follows: "'Collectors of customs may issue a certificate of protection entitling the vessel to which it is issued to the protection and flag of the United States in all po1'ts and on the high seas. if the VP!iscl is 'owned by" '(a) A citizen of the United States residing in the Philippine Islands; "' ( b) A native inhabitnnt of the Philippine Islands upon taking the oath of allegiance to the United States; "'(c) A resident of t11e Philippine Islands before April 11, 1809, hitherto a subject of Spain, upon abjuring his allegiance to the Crown of Spain and taking the oath of allegiance to the United States.' "Section 135 of Act 355 provides that: 'All vessels of the class designated in section 117 of this Act shall, prior to ellgaging in the coastwisc trade, and annually thereafter, take out a license therefor.' It further provides for the issuance of this license by collectors of customs at p01·ts of entry, and provides for the fee to be charged therefor. "Section 119 of Act 355 pl'ovides that: 'Such certificate of pro· tection shall entitle the vessel to the same privileges and subject it to the sam<' disabilities as are prescribed in Article XX of the Consular Regulations of the United States of 1896, for American or foreign built vessels transferred abroad to citizens of the United States'; while in Al'ticle XX of the Consular Regulations of the United States of 1896 is found under section 341: "'Right to acquire property i-n foreign ships.-The right of citizens of th(' United States to acquire property in foreign ships has been held to be a natural right, independent of stntutory law, and such property j,, as much entitled to protection by the United States as nny other propel'ty of a citizen of the United States: "And under section 347: '' 'Rigllt to fly the fla.g.-The privilege of carl'ying the flag of the United States is under the regulation of Congress, and it may have been the intcnl.ion of that body that it should be used only by regularly documented vessels. No such intention, however, i.s found in uny statute. and as n. citizen is not prohibited from purchasing and employing ubroud a foreign ship, it is regarded as reasonable and proper thnt he should be permitted to fly the flag of his country as an indication of ownership and for the due protection of h.i.s property. The practice of carrying the flag by 12412--2 i;uch \'c,;•wls is now t'>;tabli,,hed. The right to do so will not be questioned. and it is probable that it would be respected by the COUl'ts.' "This oflice accordingly holds that ~l certificate of protectiorl is a right which has been guaranteed to a citizen of the United States residing in the Philippine lslandi;. a native inhabitant of the Philippine Islands upon taking the oath of allegiance to the United States, and a resident of the Philippine Islands before April 11, 1899, hitherto a subject of Spain, upon abjuring his allegiance to the Crown of Spain and tnking the oath of allegiance to the Cnitcd States, reganlless of whether such person desires to engage in the coastwise trnde within the Philippine Islands or not. A certificate of protection may be issued under the authority of this section for the purpose of identifying the ownership of the \'essel for which the certificate is sought. and for the purpose of granting to the vessel and to the owner thereof the right to fly the !lag of the United States. and the protection to which that flag entitles the vessel. "While it is true that a ccrtifiente of protection gives no special rights in either a fol'cign or a United States port, the vessel bea.r· ing one being treated for all purposes as a foreign vessel, yet it is certain that such a certificate entitles a vessel to the protection of the United States flag upon the high seas and in any foreign port, and in cnse of c•aptme would doubtle"s be well worth the cost. It is for the ownel' to estimate the risk of capture. "The right to engage in the coastwise trade is an additional privilege and right to whieh a vessel holding the certificate of protection provided for in section 11 i of the Customs Administrative Act is entitled under that certificate of protection; the vessel may or may not engage in the constwise trade, at the option of the owner: Provided, ltoicevcr, If it is desired to do so that the vessel take out the license> provided for in section 135 of Act 355. "Protest No. 1860, on the grounds above mentioned. is there· fore sustained and a refund to the owner of said vessel is ordered in the sum of $1,289.38, United States currency. {Signed) H. B. McCoy. Acting Collector of Cu,;toms for the Philippine Islands." H.B. McCOY, .-!cling Collector of Ou.stoms for tke Philippine Islands. ~o. 344.-A.d111eas11nm1ent fees-lorcha Iroquois. MANILA, December 3, 1903. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned; "In the matter of appeal numbered 13, tiled De<:ember 27, 1902, by Mr. Luis G. Seligman, from the decision of the collector of customs for the port of Tloilo. in re prntest No. i02, as to the payment of adrneasurement fees for the lorcha froquois, Voucher No. i5779, paid December ~O. 1902. "This is an appeal from un adverse decision of the collector of customs at the port of lloilo in the matter of a protest filed against the collection of $li.30 for ndmensurement fees for sen-ices rendered the lol'cha froquoi.s. "In the protest it is stated that: "'Until the Insular Collector of Customs. with the approval of the Secretnry of Finance nod Justice. shall prepare nnd promulgate the fees for the adrnco.surement of vessels those at present in force shnll be collected and at the time of t.hc en<lctment of tlw Customs Administrati\'e Act there were no fees legally collectible nt the port of Iloilo for the adrneasurement or gauging of vessels. ns there existed no royul order, decree, military order, law of the Captain of the Port's Office, nor other legal authority providing for an~· fees for such admensurcment or gauging at the port of lloilo.' "The Colll"ctor of Cu~toms in pnssing upon the case states: "'That the sehrdnle of ndml"asurenH•nt fees collected prior to 10 OFFICIAL GAZETTE ------~~----the enactment of the Customs Administrative Law was promulgated at this port during the former military government and by military order, and that the fees provided by said schedule were I.icing enforced at the time of the passage of the Customs Administrative Act.' "Section 393 of the said act provides in part as follows: "'And such fees and charges (including atlmensurement fees) a;i soon as promulgated in pursuance of this act. shall be in lieu of the ones to bl'! collected up to the time of the said promulgation in 11.ccordance with the tariffs at present enforced by the said cflptains of the ports.' "This appeal then raises two questions: First, was there any military order placing a schedule of admeasurement fees in force at Iloilo, and if not und certain fees were in fact being actually collected at the time of the promulgation of the Customs Administrative Act, has the schedule used for their ascertainment been adopted by section 393 of that act in such a manner as to author· ize the continued collection of such fees? "If a military order existed (and. the protester denies this fact) that would be conclusive of both questions; but this office is unable to as~rtain the date, number, 01· series of any such order, and on the evidence so far submitted it is not established that uny such order was ever formally issued, "Turning then to the second question: Does the Customs Administrative Act adopt and authorize the enforcement of schedules put in force irregularly as this one may have been? It will be noted that there is no denial of the fact that a regular schedule was being enforced, which schedule was the same as the one in force at Manila. "This office finds that the Customs Administrative Act by adopting the tariffs at present enforced by the various captains of the ports and expressly continuing them, provided that if some tariff was as a matter of fact being enforced by a captain of the port, that particular schedule was thereby legalized and any defects in the manner of its promulgation that might have existed were, from the moment that Act 355 went into effect, completely cured. "This office therefore finds 'that the fees for the admeasurement of the lorcha. Iroquois were properly collected under the law, and appeal No. 13, on the grounds above mentioned, is therefore overruled and denied. (Signed) H.B. McCoy, Acting Collector of Customs for the Philippine Islands." H. R McCoy, Acting Collector of Customs for the Philippine Islands. No. 345.-Cotton tulles, embroidered. MANILA, December 8, 1903. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned: "In the matter of protest numbered 1949, filed March 17, 1903, by Messrs. Ed. A. Keller & Co., against the action of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rate and amount of duty chargeable on certain merchandise dcscribc>d in Entr,\' Xo. 5088, Voucher No. 8569, pa.id .March 14, 1903. "The claim in this case is against the classification of certain cotton textiles as laces, less than 25 centimeters in width, under paragraph 127 (c), at $1.40 per kilo, instead of as cotton tulles, under paragraph 128 ( b), at $0.92 per kilo, as entered. "The goods imported are invoiced 'cotton laces.' The merchandise is a machine-made lace, less than 25 centimeters widC'. having a. base of cotton tulle or bobbinnet and figured in the loom. The importers claim that it is a figured tulle. By 'tulle' is understood 'a fine and thin silk (cotton) net, originally made with bobbins but now woven by machinery. It is used for women's veils and in dressmaking; it is sometimes ornamented with dots (or small figures) but is more commonly plain.' (Century Dictionary.) "A tulle is a kind of Ince, and by the insertion of paragraph 126 nil cotton laces which are popularly and commercially known as tulles are to be classified under that paragraph. All others must be classified under paragraph 127. "Many machine-made laces consist of a base of tulle or bobbinnet figured, and the question here raised is as to \Vhen such a fabric is a tulle and when a lace. In general it may be said that a perfectly plain net, or a net figured or embroidered with dots or small figures disposed regularly over the net (not in such size and form as to be suitable for a trimming or edging) is what is popularly 1md commercially known as a tulle; but if, as in the present case, a plain net is embroidered or figured, cut with a border or made to be so cut, and is suitable for use as a trimming or edging and net for veils, making up into articles of clothing, etc., it is popularly and commercially known as a lace, and not as a tulle, and should be so classified. "Protest No. 1949, on the grounds above mentioned, is therefore overruled and denied. (Signed) H. B. :McCoy, Acting Collector of Customs for the Philippine Islands." H.B. McCOY, A.cting Collector of Customs for the Pkilippi.ne Tslands. CUSTOMS ADMINISTRATIVE cmcuLAna. No. 254.-P11blishin_q value of coins established by the Secretary of the TreaS'Ury of the United States on October 1, 1903. MANILA, November 18, 190S. To all Collectors of C11stoms: PARAGRArH I. Pursuant to Section 174 of Act No. 355 of the United States Philippine Commission, the follo,ving circular of the Unitfod States Treasury Department, dated October I, 1903, is hereby published for the information and guidance of all concerned: PAR. II.(24690.) VaLu.cs o(fon:ign coins. [Circular No. 112.J TREASURY DEPARTMENT, BUREAU OF THE MINT, Was1tington, D. C., Octo&er 1, 1908. Hou. Li::sLIE M. SHAW, Secretary of the Treasury. SIR: Io pursuance ot the provisions ot section 25 ol the act or August 28, 1894, I present In the tollowlng table an estimate of the values of the standard coins or the nations of the world:• Vah1es of foreign coiwi. Country. Standard. Monetary unit. Value in tennsof U. S.gold dollar. Coins. _, __________________ _ Argentine Republi<J ------ Gold ______ Peso----------------·------- I0.965 Gold: argentinc ($4.824) and I argentine. Silver: peso and divlsiorn;. !Gold: former system-4 florins (Sl.9'29). 8 florins ($3.S..">8), ducat (82.287) and 4 ducats (S9.H9). Silver: 1 and 2 Austrla-Hung11.ry ---------- Gold ______ Crown______________________ . 203 florins. Belgium ___________________ Gold ______ Franc ________________ ------ .193 :1~~<1/!C: f:::s~ ~l:~cr~::::~~.Mt); lO crowns • Tbc coins of silver-standard countries are valued by their pure sliver contents, at the avefllge market price of sliver for the three rnonthll preceding the date of this circular. OFFICIAL GAZETTE 11 Valuett of ft:n'tign coin~ntlnued. " The "British dollar" hu..-; the same legal value as the l'ofexlca.n dollar In Hongkong, the Straits Settlement.!!, an'1 lAbuan. t The sovereign is the standard coin of India, bnt the rupee (I0.3\!Hj) is the money of account current at 15 to the sovereign. Respectrully, R. E. PRESTON, Acting Dil'cctoi· of tile Mint. 'rRt:ASURY DEPARTMENT, October 1, 1903. The foregoing estimate by the Director of the Mint of the values of foreign coins I hereby proclaim to be the values of such coins In terms of the money of account of the United States, to be followed In estimating the value of all foreign 1ncrcbnndlae exported to the United States on or after 0<'tobcr 1, 1903, expressed in any of su1·h 1Uetalllc <'urrencles. H. A. TAYLOR, ~tcti11g Secretary. PAR. Ill. For the pel'iod intl'nening between the first day of l'ach quurter un<l lhl' l'PC'eipt nml p11hlicution hy this office of the corresponding United Stn.tes Trl'HSUl'Y Department Circular, re· ductions to cunency of the Cnitrd 8tut1•s 011 invoices dated on or nfter said first tin:.• of the qunrtl'r shall be made on the basis of the previous quarter's circulal'. H. B. McCOY, . ·lcti11!/ CoHector of Cttsfoms for tlw Philippine Islands. No. i60.-Providin9 for signal let/as t//Hl oflicial numbers of rcssds ·in Ille coasticise tnulc. l\fal"ILA, Dcc('mbcr 1, 191l3. To ull Collcclmw of Cu.~tom.~: PA\tACmArH P. Ewl'y vrssrl docmn<'ntC'd in th<' Philippin,. Islands over 5 tons, gross burden, shall be assigned an official number and signal letters by the Collector of Customs for the Philippine Islands. and such assignments shall be made upon the application of the owner or muster of the ve;;sel forwarded to lhis office through the collector of customs or coast district inspector of customs in whose district the vessel is operating. PAR. IL Official number and signal letters shall both be assigned to all seagoing ,·essels of 100 tons, gross burden, or over; and ollicial number only shall be assigned to all seagoing vessels of less thnn lOO tons and over 5 tons, except ns hereinafte1· prodded. PAR. III. Signal letters mny also be assigned to vessels of less thnn 100 tons, gross burden, provided application is made therefol'e through the proper channels . PAR. IV. Collectors of customs nn<l coast district inspectors of customs shall require the offi<'ial number of a vessel to which it is assigned to be <'tllTed or otherwi;;e permanently mnrked on the main beam, preC'eded by the abbreviation "No." They shnll also require the name of the \·f'ssel to be painted on each side> of the how. und the name and the home port to be painted 12 OFFICIAL GAZETTE un the \"CSscl's stel'n. The name of the \"Ci;sel, hrr official numbcl'. and signal letters shall appear on all the vessel's documents. PAR. V. The official number shall he marked at the expense of the owner in Arabic numerals which shall be at least 3 inches in height when the sizr of the main beam will permit. If the main beam is of wood th<' official number shall be carved or burned thereon in figures not less than three-eighths or more than one·half inch in depth; if the main beam is of iron or other metal the official number shall, if the beam is black, be painted in white oil paint or, if the hf'nm is of any other color. in black oil paint. PAR. VI. Before delivering the \'Cssel's documents collectors of customs and coast district inspcetors of customs shall cause the official number to he marked on the main beam as provided in Paragraph V of this rircular and shall fill out and forward to this office a certificate covering such nrnrking: Provided, That if the vessel is out of the di,:;trict tlw owncr or min~tr1· may make alfidavit that the official numbel' has bt•en proprrly marked thereon: And provided f11rlltcr, That upon the return of the vessel to the district the collector of eustoms or coast distriet inspector of customs shall make the certificate above provided. PAR. VII. The certificate' and <lflidavits provided for in the preceding paragraph shall be transmitted to this office by tlw customs officer making or recei\'ing same for filing in.the lirens(' di"ision. PAR. VIII. The following forms shall be H:;rd in the matter of the assignment of the oflif·ial nnmlw1· and signal lettl'l'>' nhon pro"icled for: "Form ~o. ''PHLLlPPINE CUS1'0MS SERVICE. ",\PPLICATJOX 1''0R OF1''1CIAL Xl':\lllEI! A'.'lll SHlXAL LE'fTEUS. "1'o the Collector of C111;toms for the Philippin(' lslmul.~, .llc111il<t. P. I. "Srn: Application is hereby made. in aceord:rnce with regulat.ions of the Philippinl' Customs SC'rvice established December l, 1903, by Customs Administrative Circular Ko. :WO, for un offieial number and signal lettl'I"" for my vessel as d<•s('l'ibed herl'in: "Rig . (;iidC' whrl'l. "tern whrf'I. 01· screw) Xamf' ............................... . ~umber of deck;; , : Xumbcr of 11111sb .................... ,, nross tonnagt• . Register of dinwnsions: L1•11gth Depth .................. : '.\'lntl'rial (wood. iron. or steel) .. Owner. When built Where built .. Home port ................................................. . Collection distric•t Rengoing or not "Re>ipe1•tfnll.'·, "!This application to be forwnrded thrnng-h thr <'Ollector of ('~!ston•" or 1•oast district inspector of eustoms.l" "PHILirl'IX~: Ct:STOMS SERVICE. .;Port of "To tfw ('o//('('for of Ou:S/om.'I for th(' Pliilippiu(' l.<1fo11d8. J!m1ifo, I'. I. "Srn: I, .,f t·u...;toms. do hereby certify that I havl' prrsonally exami1H'd. ur n•(·1•in•tl nllidnxit. 11nd ,;tate that thl' ofli<'i11l number has hrl'll •·a1·1·('<l nr J)('l'mnnently mnrked on th1• main hrnm of tlH' \'t'"""l . .. , and that her name and honw port an• paint('d on the stern and h('r name on each side of tht> how al'cording to law. ·'HC'spectfull~·. ·'Form Xo. "P1111.1Pr1:-;i:; CrsT0:\1S SE11\'1cE "PORT OF . "'l'o /he 01nwr or Jfoslcr of the ................................ . ··Rm: You :ll'(', hereby notified that ollieial number '190 ... 1rnd signal letters lun·e been assigned to the vessel .... ··Yon will caw;(' this official numb.•1· ....................................... ... to be permanently can·ed or nmrkf'<I 011 t.lw main bl'am according to law and notifv thi;; olllce where and whrn sump lllll}' he inspedC'd. • "Respl'etfnlly. . ....................... of Customs." PAil. IX. Vessels of O\'C'r ;) tons, grns,; bm·dl·n, engaged exclu,,j\'el}' in the harbor and lig-htNagt> bu,.;incss shall be assigned olli<'ial numbl'r only. PAn. X .• Htt>r January l no licenses shall be issued to vessels 1•11gagC'd in the C'onstwise trnde of the Philippine Islands until ;IJI olficial numbe1· and signal letters ha\'<' been assigned as prn· \"ided for in this drculal'. PAn. XI. Philippim' customs officl'rs throughout the An·hipc•lago shall i.,rivf' cine pnbli<'it~· to the tl'rms of this circular. H.B. McCOY, .\rtin!J C'ollcctor of Customs for the Philippine 18/c111dH. Xo. 261.-Cfo.~iny I/re port of Bual, Pr1ngasina11 Pro-i;ince, to tltc coastu;ise trade. MANIJ.A, December 5, 1903. By authol'ity of the Civil Governor of the Philippine Islands the port of Sual, Province of Pangasinan, is hereby decl1tred closed to the coast.wise trade. H. B. McCOY, .lctin,q Collcelol' of C11.,toms for the Philippine Islands. Xo. 262.-0pnri11.11 llu· port of .1.lfuninos, Za1nb(l.lcs Province, to tire coast-icise trade. MANILA, Decen~ber 5, 1903. By authority of the CiVil Governor of the Philippine lslnnds, the port of Alaminos. Zambnles Province. is hereb~- declared open to thC' eoastwise trade. H. B. McCOY. .klin.11 Coll('cfor of Customs fo1· the Philippine Islands. Xo. :W:l.-Il·ule., for fm·warcling appea.ls from s11bport,,. MANILA, December 8, 1903. '/'n 11/l Collertor.'1 of C11stoms: P.\IUGRAPll l. In nddition to Customs AdministratiYe Cil'eular :'\o. :l, the following draft of rnl('>l for forwnrding nppeals from "ubporbi to the Insular Collector nud to the Court of Customs .·\ppPals. in accordance with Chnpter XXIII of ~kt 355 of the 1 ·nitl'd St.1tes Philippine Commission. is hrrehy published for th<' informntion and guidance of all concerned. PAR. IL .-\II appeals to the ln;;11lar C'ollrdor from the arh'el'S<' OFFICIAL GAZETTE 13 decision of the collectori; of customs at subparts on protests prepared und filed in accordance with section 286 of Act :ms and Customs Administrative Circular No. 3 shall h<' prepared and forwal'dcd as follows: The protest made by the importer. the c\ecision of the collector of customs thei·eon, and the appeal to the Insular Collector therefrom, in duplicate; a certified copy of thl' entry and invoice involntl; a sample identified by the appraiser if the nalmc of the merchandise permits; a certificate as follows: "Puniuant to section 286 of Act 355, United States Philippine Commission, I hcrPby certify that the attached entry, invoice, and exhibits, connected with this appeal to the Insular Collector from the port of . . .... No ............. , filed . . ... , are CorrPct, and that they are all the papers which pertain to this casP. "Collector of Customs." together with a letter of transmittal for the same. PAR. III. All appeals to the Court of Customs Appeals from th<' adverse decision of the Insular Collector, on appeals prepared and forwarded in accordance with seC'tion 286 of Act 355 and Customs Administrntive Circulnr No. 3, >ihall be forwarded in duplicate, together with a. certified copy of the entry and invoice involved and a letter of transmittal for the sam<'. No copies of the original protest nor the appeal to the Insulin Collector need be transmitted with appeals to the Court of Customs Appeals, as copies in duplicate will have already been filed with the Insular Collector in accordance with Paragraph I of this circular. PAR. IV. In case the contention of the appellant is sustained by the Insular Collector, letter approving refund will be forwarded to the Auditor from this office. PAR. V . .Any provisions of Customs Adminh;trative Circular No. ;J that conflict with the terms of this circular are hereby revoked. PAil. VI. Customs officers shnll givP due publicity to the tPrms of this circular. H. B. McCOY, ·l<'f-iti.q Collector of CU8toms f01' the Philippine Isla,.ids. ~o. 264.-.lutltorizing W. '1'. Waters, jr., surveyor of customs al lhc port of lloilo, to admewrnre all vessels in the Iloilo callee· lion. dfatrict. MANILA, December 12, 1908. 'J'o all Collectors of Customs: PARA<lllAPH I. Pursuant to section i4 of the Philippim· Customs ~\dministrative Act, \\". T. \\'aters, jr., surveyor of customs al the port of Iloilo, is hereby authorized to admeasml' \'PssPls of all clnsse:;i within the Iloilo collection district. PAR. IL All ccrtifiPates of admeasuremcnt issued under this authority shall be sibrned by said officer, approved by the collector of customs at Iloilo, and transmitted to this office for registration. H. B. McCOY. Actin.q Collector of Customs for the Philippine Island.~. Xo. i65.-.-lme11ding .~ectioJUJ 8 and JU of Pa-ragra1'h II of Customs :ldministrative Circular No. 245; combining the cociRI i-11spection districts of Bacolod mid Ban .!osC de llunwt;i.sta. MA:\"IT,A, December rn, 1903. To all Collectors of Customs: PARAGRAPH I. Section 8 of Paragraph II of Customs Administrative Circular No. 245 is hereby nml'nded to rend as follows: "8. The 'San Jose de Bucna,·ista' coast inspection district shall includ.e the west and cast coasts of the Islands of Punay, from Point Nnisog on the west to the port of Estancia on the east; the west const of the Island of Nrgros from the port of Cadiz Nucvo on the north to Point Sinton 011 thl' south; tlw Island of Guimarih;: the Cuyos and Cng-aynn Island,;, nnd nil >!mall islands in· (·luded in these limits. The coastwise ports of this district arc San Jose de Bucnavista, Island of Panay; Bacolod, Binalhagan. .Jimamaylan, San Jos~ de Ylog, and Silay, Island of Negros; Cu~·o, Island of Cuyo; Agutaya, Island of Agutaya; and Cagayancillo, Cagayan Islands." P.\n. IL Section IO of Paragraph II .of Cu,,toms AdministrntivP Circular No. 245 is hPreby revoked. PAR. III. Philippine customs officers shall gi\'P due publieitr to the terms of this circular. H. B. McCoY, lctin_q Collector of Custom.<: for the Philippine /.<:land.<:. .\IA:SILA CVSTO)f·HOL"SE GENERAL ORllEll. ).lo. 58.-Haml l1aggagc to be ea;aMined on board .,;essels fmm foreign ports. MANILA, December J(j, J.CJ03. i'AUAGllAPll L Hereafter the hand baggage of passengers arriving at the port of Manila on vessels from foreign ports she.II be examined on board and delivered to passengers at the ves.!:!el's gangway when persons owning the same leave the vessel for the shore. PAK. II. The hand baggage specified herein shall include all containers such as \"Ulises, grips, hand bags, hand baskets, and reticules, as are usually carried packed with personal effects for immcdia te use. PAR. III. Should dutiable merchandise be found in hand baggage, the piece containing such merchandise shall not be passed ns pro,•ided for in Paragraph I of this order, but shall be checked by the passenger claiming the same, and sent to the baggage division of the custom-house for assessment of duty. PAR. IV. Jn case questions should arise as to whether or not a package is hand baggage under the terms of this order, it will be submitted by the examining inspector to the senior inspector of baggage on board the vessel, and his decision shall be final. H. B. McCOY, .frting Collector of Customs for the Pliilippine Islands. MANILA, December 12, 1908. '/'o all Importers: HEXTI.EUEX: You nrl' hereby informed that the cashier, Mnnila ('\lstom-hons<', has bc1•n directed to refuse to receive :Mexican cur· rem·y in depo;;ils to guarnntee duties due on importations after th<' 15th day of December, 190:1. Thes{' orders were given for the reason that Mexican currency <'IHI not h<' recefr<'d by this oflice in payment of public dues after .January l, 1!104, nm! it is probable that many of the entries guar· antced on nnrl aftPr December Iii will not be ready for liquidation and paymPnt before January I. Actnul pnymcnts in Meximn c111T1•11cy will, howC'n>I", be received hy 1lw 1·n8hier up to nml inl'lnding DPl'c>mbcr 31, rno:t H.espectfull;r. H. B. :akCoY . ..lcti11.q Collector of G11.~loms fol" the Philippi1w l8fo11dR. APPOINTlllENTS. By the Philip1>ine Ch·il Service Board. f,"a;ecutive Depa1·tmcul. E<l;.:-nr :\ . .\le('\ellnn. (·h•rk, DPc·Pmhc>r 4. $1.400: trnnsf1•r from l'o\i(·<' D<'pnrtnwnt. 1·las,; S. 14 OFFICIAL GAZETTE .Alejo .:\fabanag, clerk, December 10, $300; probational appointment. BUREAt: 01'" TUE JNSULA& Pt:llCHASING AGENT. Henry Herbst, teamster, December 12, $720; probational appointmcnt. Edmund Enright, examiner, ,January I, 1904, $1,400; promotion from c:Jp1·k, class 9. Charles \V, Barry, examiner, January 1, 1904, $1,400; promotion from clerk, class 9. Alejandro Garay, clerk, January 1, 1904, $840; promotion from Class C. Eusebio Tionko, clerk, January 1, 1904, $720; promotion from Class E. Sevel'iano Concepcion, clerk, January I, 1904, $540; promotion from Class F. Calixto Santiago, clerk, January 1, 1904, $420; promotion from Class H. Angel Bonus, clerk, January I, 1904, $420; promotion from Class H. Cirilo Fama, c]erk, January 1, 1904, $360; promotion from Class I. Samuel C. Ridgeway, clerk, December 14, $1,200; probational appointment. Charles E. Edling, clerk, December 14, $1,200; probational appointment. Department of the Interior. Dl'REA\; OF PUBLIC HEALTH. Richard F. Dietz, night supedntendent, December 9, $840; transfer from teamster at $840, Bureau of Insular Purchasing Agent. FORESTRY UUREAU. Alfredo Villareal, ranger, December 16, $300; probational appointment. Francisco Collantes, ranger, December 16, $300; probational appointment. Sernfi.n Vizcarra, ranger, December 11, $300; probational appointment. Manuel Jos~. ranger, December II, $300; probational appointment. Damaso T. Esteban, ranger, December ll, $300; probational appointnwnt. Juan Ortega, ranger, December 11, $300; probational appointment. Alejandro de la Cruz, J"anger, December 11, $300; probational appointment. Lui;; Francisco, rang-er, D<'<'emher 11, $300; probational appointment. Victo1·ino Vasco, rnngcr, December l l, $300; probational nppointme>nt. DUREAl; OJ•' AGllICULTURE. Ferdinand Ruggles, farm foreman, December 19. $900; transfrr from Durl'an of Post!;. class 10. Charil's Hein. teamstH .• Turn• 24. $720; probational appointnwnt. Dr. E. H. Huediger, assistant bucteriologist, December 14. $1.400; probational appointment. lJr. Edwin ll. Copeland, botanist. December 14. $1,400; pro· hational appointment. \Yillit> 8C'hultzc, ussistant entomologist. Dccembl'r 10. $900; prohnliom1l appointnwnt. DeJ>artme11t of Commerce and Police. BUREAl." OF POSTS. ,John F. Keuney, post-office inspector, December l, $1.800; promotion from class 7. William Troensegaard, post-office inspector, December 1, $1.800; promotion from dnss 7. Isidoro Espares, postmaster, Bacolod, November 23. $240; promotion from elerk, $180. BUBEAU OF PHILIPPINES CONSTABULARY. Peter B. .Tones, clerk, December 14, $1,000; probational appointment. Hector McKenzie, clerk, December 7, $900; probational ap· pointment. Simeon .Estrella, clerk, December 9, $360; probational appointment. BUREAU OF PRISONS. Philip ,Jones, guard, December 14, $900; probational appoint· ment. BUREAU OF ENQINEEBING. J.B. Morton, chief clerk, Vigan-Bangued, November 16, $1,400; transfer from clerk, class 7, Bureau Insular Purchasing Agent. Dep(Jfftment of Finance and Justice. BUREAU OF CUSTOllS AND IMMIGRATION. Harry l\IcCabe, fourth-class inspector, December I, $900; probational appointment. Patricio Alda, fireman, January 1, $240; probational appointment. Patricio Alda, pntron, April l, $300; promotion from fireman, $240. Patricio Alda, patron .• July 1, $360; promotion from $300. INSUI.AR COLD STORAGE AND ICE PLANT. William Flynn, water tender, December 12, $780; probational appointment. James B. Wood, teamster, December 14, $600; probational ap· pointment. Roberto Reyes, clerk, Dl'cember I. $240; probationnl appoint· mcnt. Department of Public /n.~iniction. Heorge E. Lorenz, clerk, December 8. $1.CIOO; promotion from class 8. Hnrold Jl.L Wade, clerk. DecPmber U. $1,000; probational appointment. Charles Berberich, craftsman instrnctor, December 14, $1,400; probittional appointment. Cc~areo ()anonizado. apprentice, D<'C<'mber 16, $0.40; promotion from class 5. Albino Rumingan. npprC'ntice. D<'C'Pmhl'r 16. $0.40; promotion from class 5. Rufino l"hungcn, npprentice, DccembC'r Hi. $0.40; promotion from clns,:;. ;;, Gregorio Aguas. apprl'ntice, DecembPr 16, $0.30; promotion from class 6. Pedro Cube. apprf'ntice. December rn, $0.30; promotion from class 6. OFFICIAL GAZETTE 15 1-;inforoso Cifra, appl'entice, December 16, $0.30; promotion from class 6. Jos~ Valera, apprentice, December Hi, $0.30; promotion from class 6. Juan Uatu, apprentice, December 16, $0.30; promotion· from class G. HevPrino Asuncion, 1tpprcntice, December 16, $0.30; promotion from class 6. City of Manila. Ot:PAltTMEN'f OF ENGIJIOEERl:"<G ANIJ PUBLIC WORKS. Albert Walker, teamster, December 12, $720; probational ap· pointment. William Hanes, teamster, December 18, $720; probational appointment. Percy ]<;, Hinkley, teamster, December 18, $720; probational 1Lppointmcnt. Edward Dunlop, teamster, December 18, $720; probational appointment. William H. Lueck, teamster, December 18, $720; probational appointment. Harry E. Goss, teamster, December 18, $720; probational ap· pointment. ' POLICE DEPARTMENT. John W. Simmons, first-class patrolman, December 9, $900; probational appointment. Glicerio Brotonel, third-class pat1·ohnan, December 9, $240; probational appointment. Carlos Caballero, clerk, December 10, $600; probational ap· pointmcnt. Jose A: S. de Vega, clerk, December 11, $900; promotion from Class D. ' Charles W. Wilson, clerk, December II, $900; reinstatement. Provin-Oes. BATANOAS. Edward Stoweres, chief clerk, December I, $1,200; transfer from Treasury Bureau, clerk, class 9. Juan Muiioz, deputy treasurer, December l, $360; probational appointment. CA\"ITE. Arturo Howard, interpreter, ~ovember i:J, Philippines Constabulary, $1,560; reinstatement. Contents. Public laws: No. 1027, amending Act No. 956, entitled ""An Act reducing the 31 municipalities of the Province of Tayabas to 27."" No. 1028. appropriating the sum of $510. In money of the United States, for defraying the expenses Incurred lo the publication of volume 1 of '"The Opinions of the Attorney-General of the Philippine Islands."" No. 1029. amending section 1 of Act No. 1004, entitled '"An Act annexing the northern part of the Province of Zambales to the Province of Pangaslnan and providing that the southern part thereof shall continue as a separate province under the name of Ze.mbales.'' No. 1030, creating an Honorary Board ot Commissioners, composed of 50 Filipinos of prominence and education, to visit the Loulsiaae. Purchase Expo11ltton at St. Louis at Government expense. Decisions of the Supreme Court: Fred Spe.rrevohn vs. John Fisher. The United States vs. Teodoro Ollgores. The United States vs. Pedro Magslno. The United States vs. Anastasio Mangubat et al. The United States vs. Cristino Reyes. Bureau of Customs and Immigration: Te.riff Uec\slon ClrcularsNo. 342, seal presses-not machinery. No. 343, license fees-barkentlne Alla; right to certlfl.cate O( protection under section 117 of Act 355. No. 344, admeasurement fees-lorcha IroquoU. No. 345, cotton tulles, embroidered. Customs Administrative ClrcularsNo. 254, publishing value or coins established by the Secretary of the Treasury of the United States on October 1, 1903. No. 260, providing for signal letters and omclal numbers of vessels in the coastwlse trade. No. 261, closing the port of Sual, Pangasinan Province, to the coastwise trade. No. 262, opening the port of Alamlnos, Zambales Province, to the coastwlse trade. No. 263, rule11 for forwarding appeals from subparts. No. 264, authorizing W. T. Waters, jr., surveyor ot customs at the port of Ilollo, to admt"asure all vessels In the Ilollo collection district. No. 265, amending sections 8 and 10 of paragraph 11 of Customs Administrative Circular No. 245; combining the coast Inspection districts of Bacolod and San Jos~ de Buenavlsta. Manila Custom-House General OrderNo. 58, hand baggage to be e11:amined on board vessels from foreign potts. Circular letter. Appointments : By the Civil Service Board. 0 ®~~iri Published by authority of the Insular Government under and by virtue of Act No 45J, of the Philippine Commission. VoL. II MANILA, P. I., .JANUARY 13, 1904. No. 2 PUBLIC J,A WS. [No. 1031.] AX ACT '.\IAKIXG DE1',ICIENC'Y APPROPRIATlOX FOR THE PAL\IEXT Ol•' SALARIES AXD WAGES IN THE BUREAU OF CL"8'1'0'.\IS AXD BDIIUHATIO!\ 1',0R Tim 1"IR8T HALF OI<' THI<; FISCAL YEAR XINETJ;:EN IIL'NDHED AND FOUR. By authority of tlw UTiilcd States, b11 it enacted by tlte Philippi11c Conunissio1i, tliat: SECTIO~ I. The siuu1 of six thousand dollars, in mon<'y of tlw United States, or so much thereof ns mn~· ~ ncressary, is hereby appropriated, out of any funtls in ·thl~ Insular T1·cn,.;11Q" not otlwrwise appropriated, to be expended in llm payment of .!!nlnri1•:-1 nnd wages in the Bureau of Customs und lnnnignltion for the first half of the fl.scnl year ending June thirtieth. ninrtrrn hundn•d and four. SEC. 2. 1'he public good requil'ing the spl'l'd>· enurtnwnt of this bill, the passage of the saml" is hereby expedited in aeror1hm1·1• with section two of "An Act prescribing the order of procudurc hr tlw Commission in the cnactnwnt of law.i," passl'tl Scptrmlx•r twenl>"· sixth, nineteen hundred. St:c. 3. This Act shall take effect on it:. passa:,>c. Enacted, December 23, 1903. [No. 1032.) AN ACT PROVIDING '£HAT THB SALARIES 01'' PROVJ!\ClAL AXD llUXIClPAT, OFFICERS AXD K\IPLOYEES SHALT~ BE FIXED IX PHILil'PIXES CURRE.XCY .AT 'fITE SA:lIE AMOU.XTS XO\\" ALLOWED HY LAW TO BE :FIXED IX lIEXICAN CURRKSCY, AND THAT '£HE ASSE.SS.lmXT, IMPOSITIO:S, AND COLLECTIOX OI•' TAXES. PUBJ,[C DUES, AND IMPOSITIONS NOW AUTHORIZl•~D AND MADE PAYABLE BY LAW IN MEXTCAX CURRENCY SALL BE MADE PAYABLE IX PIIILIPPJYI~S ClTRlU·:xcw ON THE BASIS OF ONE PHil..IPPIXE PESO E<'OR OXE MEXICAN l>OLLAR, AXU THAT AU. CO!\IPENSATrox FOR JNSULAR OR PROVINCIAi, OFFICERS AND E~J­ PLOYEES AND Ai.L OFFICIAL 1',EES AND CHARGES NOW MADE BY J~AW PAYABLE IN MEXICAN CUR· RENCY SHALL BE PAYABLE IN PHILIPPINF.8 CUR· RE~CY OS THE BASIS OF ONE PHILIPPINl•; PF.SO FOR OXE 'MEXICAN DOLJ..AR. By authority of the United States, be it enacted by the Philippine Commission, that: SECTIOX I. All provincial treasurers, municipal councih;, ancl other authorities of every kind in the Philippine hlands who have authority to fix the salaries of munieipal officei-s and (•mplo)•ees arc hereby authori?.cd and directed to fix such salaries in Philip· '""' pine,; cmTeru·y instead of in Mexican currency, anything in ex.istin:.:- hlw to the t~ontrnry notwithstanding. All such salaries here· toforc fixed in lfoxirnn currency shall, after January first, nineteen lmndrrd nnd four, he pnynble in Philippines currency at the same 111111m11bi ns now provided by law in Mexican currency, and sbn.11 rt>muin fixed at such amounts in Philippines currency until l'hllli!:,'"Cd by rompetent authority. K~:c. 2. On and uftcr the first day of January, nineteen hundred anti fo\11', all public dues, internal revenues, industrial, stamp, fnn·str>·· <'t•duh1, lil'l~m1c, anti municipal tuxes of every kind, and all lim•s and pcnalti1·s impol:!cd by courts 01· other authorities, shall ht• impo:<ed, i\!';s('~srd, and collected in Philippines currency instead ol' i11 lfoxi<·im currt•ncy, u:; now prO\·idml by law, and at the same :1111111mt!'j in Philippines c111·1·1•ncy as 111·e now fixed hy law for such taxi's. fi111's. am! pmmltil•.i, in lfoxil'all currency: Provided, lmw· ,.,.,.,., That Kpa11ish-Filipi110 coins may be received in payment of "''ll'h tax1•s, lint•i;, 1111d pcnnlli(•s, at the official rntio that shall from tiuw to time pl'crnil until .inch time :ls 8pa11h1h-I?ilipino coins "'hall hy law l't':ti'll' to hc n•rch-11blc for public dums. ~v.c. :J. On am! nfh•r J1111111try lirst, nineteen hundred and four, all 1·0111pe11:-mtion that is provid<'d by l11w for Insular or provincial ollil'l'r" and 1•111plo:r<'I'"· whcrnvrr 11m:h <'Olll)X'llSlltion i:.i fixed in '.\lt•xi1·1111 cm·1·1•111·.\". um! nil offit·fal fo1•11 and charges, insular, pro\·incinl. or mu11i1·ipnl, whl'l·1•\'(•1· imd1 ft'l'S iu·p fixed in 1\lcxicnn cur· r1·m·y, :.hall be payable in Philippines cm·rcnc·y on the basis of one Philippine peso for om• ll1•xic1111 dollu. Ht.:<'. 4. Thr puhlit• good [t•quiring tlw speed)· enactment of this hill. the passaj(I' of th<' same is hereby expedited in accordanCC! with iw.ctio11 two of ''An A<'l pl'esrl'ibing the order of procedure by !hr Commission in the t•nnctmrnt of laws," passed September tmmty·sixth, ninrtecu hundred. Rt:c. 5. 'l'his .\t'l .ihall tnk1· t•IT1•1•t on its pa.isa:,>c. l·:narh•cl. Derembcr 28, 1903. [No. 1033.] .\K ACT Al'PllOPRIA'fl~G ONJ<~ HUNJ>H.l!:D .\JS'D 'fWJo~N'l'Y TllC>U~..\XD FIVJ<; llU~DRED DOLLARS_. UNITED STA'fE8 CURRENCY. l<'OR 'l'HJ<~ PURPOSE OF CON· TIXUIXO TIU•; CO:'.ll8TRUCTIO~ OF THE BENGUET ROAD FRO:ll POZORUBIO. PA":'.llGASIN.4.N, TO BAGUIO. lmNGUET. fl!/ a1ttliority of the U1iilcd States, be it enacted by the Philippi11e Commission, that: SECTION I. There is hereby appropriated, out of any funds -in the Insular Treasury not otherwise approprio.tcd, the sum of one hundred and twenty thousand five hundred dollars, in money of the Vnitcd Stnt<'s, to be expended in continuing the work of construction of the Benguut road from Pozorubio, Province of Panga..iinnn, to Baguio. Province of Benguet. · Sv.c. 2. Tlw mom•rs appropriated ·by this Act shall be available for withdrawal either in United States currency or in Philippines 17 18 OFFICIAL GAZETTE <-11rrcnc,v, at the option of the cnginl'er in charge of Bcnguct imJll'OH'lllCnts. :-iEc. :~. The public good requiring the speC'1ly cna.ctmcut of this hill, the 1mssagc of the same is h('rcby t•xpcditcd in accordance with section two of "An Act JH'Cscribing the> order of procedure by the Commission in the enactment of lnws." passed September twcntysixth.· ninC'tcen hundred. SEC. 4. This Act slwll b1kc C'ffcC't on its pnssnµr. Enacted, December 28, Hl03. [No. 1034.J AX ACT PROYIDING FOR THE ISSUE OF 110NDS OF THE GOVER~MEXT OF nm Pl-IILIPPIXE ISLANDS TO THE AMOUNT OF SEVEX Mil.LION TWO HUNDRED AND THIRTY-SEVEN THOLSAND DOLLARS, GOLD COIN OF THE UNITED STATES OJ<' THE PRESE~T STANDARD VALUE, l~OR THE PURPOSE OF ACQUIB.ING FUNDS FOR THE P . .\YMENT OF THE PURCHASE I>RICE OF CERTAIN LARGE THACTS OF J~AXD IN THE PHILIP· PI~E 18LANDS. cm.·BIONLY K:XOWN AS THF. FRIAR LAKDS, PCRSUANT TO THE PROVJSlO:\S OF SECTIONS SIXTY-THREE. SIXTY-FOUR, AND SIXTY-FIVE OF THE ACT OF CONGRESS ENTITLED "AK ACT TEMPORARILY TO PROVIDE FOR nm .AD:MIXISTHATIOX OF THE _.\ FF A I HS OF CJ\'IL GOVERXi\IEXT IN THE PHILIPPIXE ISL.AXDS, AXD FOR OTHER PUHPOSES,'' APPHOVED JULY FIRST, XIXETEEX Hl1NDHED AXD TWO. Whereas the Gowrnment of the Philippine Islands. on the twenty-sefond duy of December. nineteen hundred and three, entered into a preliminary contract with the Philippine Sugur Estates Development Company, Limited, for the pmchase, from the latter. of eight haciendas containing about sixty thommnd three hundred and two hectares of land, agreeing to pay therefor the sum of three million six hundred and seventy-one thousand six hundred and fifty-seven dollars, in the money of the CnitPd States; and also upon the same date with La Sociedad Agricola de Ultramar, for the purchase, from the latter, of eighteen haciendas and parcels of land, containing about sixty-two thousand one hundred and forty hectares of land, for the sum of two million two hundred and thirteen thousand seven hundred and seventy-nine dollars, in the money of ihe United States; and also upon the same date with The Recolete Order of the Philippine Islands, for the purchase, from the latter, of twenty-three thousand two hundred and sixty-six hectares of land, fur the sum of three hundred and six thousand seven hundred and fifty-nine dollars, in the money of the United States; and also upon the same dute with th~ British-Manila Estates Company, Limited, for the purchase, from the latter, of eighteen thousand four hundred and nineteen hectares of land, for the sum of one million and forty-five thousand dollars, in the money of the United States, all of said contracts of purchase being executory in character pending l"xamination of titles and containing various pro\•isions and stipulations in regard thereto which need not be herein particularized and all of said lands being situuted in the Philippine Islands and being particularly described in said contracts of purchase and being lands commonly called Friar lands-that is, lands which were formerly owned by certain religious orders of the Roman Catholic Church; and \Vhcreas the contracts of purclmse of saitl haciendas and parcels of land were made by the Philippine Commission pursuant to authority vested in the Commission by section sixty-four of thr -Act of Congress entitled "An Act temporarily to provide for the administration of the nffairs of Civil Go\•ernml'nt in the Pl1ilippinc Islands. and for other purposes," appro\'C'tl. ,July first, ninetrcn hunclrrd and two, becnuse, in its opinion, the holding thcr<'of, in suC'h large trnct..<1 or parcels, by said corporations, injuriou~ly affec·ts the peace and welfare of the Philippine Islands; and Whereas the Gon•rnmC"nt of the Philippine Islands finds it nC'Ccssary to issue and sell bonds in order to raise the sum required to pay fol' i;nid hmdi;, in pursuance of said C'ontracts: Now, therefore, /Jy aut/1.wity of the United Bta.tes, be it enacted by the Pl1ilippinc Commission, that: SEC1'IOX I. The Secretary of Wur is hereby authorized to issue, in the name uml on behalf of tl1e GoYernment of the Philippine Island:-;, its boncls to the amount of seven million two hundred and thirty-seven thousand dollars, in the money of the United States. The bonds thus authorized to bt~ issued shall be dated Febrnary first. nineteen hundred and four; shull beu interest at the rate of four per centum per annum, payable quarterly; shall be redeemable at the pleasure of the GO\·enunent of the Philippine Islands after ten years um) paya.hlP in thirty years after date in gold coin of the United Stales of the present standard Ya)ue. Both principal and interest shnll he payable at the Treasmy of the Cnited States. The said bonds shall be in rcgist<'red form in de-nominations of one thommnd dollars and tl'n thousand dollars, in proportions to suit the purchaser or purchusel's thereof, and shall be l'C'gister<'d a~1d trun,.;forable at the office of t11e Register of the 'l'rC'asury Dl'partment of the Cnitcd States, \\"ushington, District of Columbia. The said bonds arc declared by section sixty-four of said Act of Congress to he 1•xt'mpt from the pu,vml'nt of all taxes or ,Julies of the GO\·ernuwnt of the Philippine Islands or any local authority tlwrein or of the Go\'C'rnnwnt of tht• Cnited States. as \n•ll as from taxntion in any form by or undC'r Stall', municipal, or lo('a) authority in the United States or the Philippine Islands, pnrsnant to which Act of CongTess and Lhh1 Act these bonds ure i,.;suc·d, which facts shall lw statt•d upon their face. St:<'. 2. The Secretary of War is further authorized to sell said bonds on such terms as are most fnvorable to the Government of the Philippine Islands: /'roi;frled, That no bond or bonds shall be sold at il'ss than their par or face valul', and shall deposit the proC'ceds of such sa.Jc or sales with the Guaranty Trust Company of New York, the authorized depository of the Government of the Philippine Islands, to the credit of the Treasurer of the Philippine Islands. SEC. 3. The Secretary of \\"ar shall report to the Audit~r and the Treasmer of the Philippine Islands the amount of said bonds so issued and sold by him, together with their numbers and denominations and the amount realized from such sale or sales thereof, and the same shull be made a matter of record in the offices of the J\uditor and the TreasurC'r of the Philippine Islands. SEC. 4. In the event of the lease, sale, or other disposition, by the Government of the Philippine Islands, of any part or all of said lands contracted to be purchas<'d, as ubon! set forth, all monc>ys received from such lensing. sl'lling, or other dispositiOn shall constitute a trnst fund to i;ecnre the payment of the principal and interest of said bonds and shall also constitute a sinkin..,. fund for the payment of said bonds ut their nmturity and shall he devoted to no other purpose. When and as rents i;re collected from any land so leased and when and ns the proceeds of sale or other disposition of any of said lands, ~vhen sold or disposed of. nre receh·ed by the Government of the Philippine Islands, the same shull be deposited in the Treasmy of the Philippine Islands und shall be there held as a separate trust fund and shall be in,·ested and reinvested as a sinkin.g fund for tl1e payment of the principal and interest of said bonds 11s they muture, in such muri· ner as the Philippine Commission shall provide. Si,:c. 5. The public g:oocl !'<>quiring the speed~· enactment of this hill, thl' passage of the sam(' is hereby l'Xpl'ditcd in acconlance with section two of "An Art prescribing th,e onlt•r of pro1·ednre hy the Commission in the emu·tment of laws." pass<'d S<'ptC'mh<'r t\\·l'nty-sixth, ninetPrn hnndrcd. 8i,:c. 6. This A<'t shall tak(• ('fft•d on its pnssug<". Enucted, Junuary 6, 1904. OFFICIAJ~ GAZETTE 19 fNo. 1035.] .-\N ACT Ai\IE~DIKG HECT10X FJFTEE:\' OF ACT NUM· BERED 8EVEX Jll7l\DHED AXD TWO AND SECTION ONE OF ACT ~U:\IJ!ERJm XIKE HUNDRED AND EIGHTY-XIXE. RY EXTEXDIXG THE TL\rn FOR CO.MPLETI.KG TI-IE REGISTHATION OF CHl~ESE IX THE PHILIPPINE ISLAXDS. \\"hercas it wns impossible to tompll'lc the 1·egbtration of all Chi1w><I' persous in the Philippine Islands within the eight months ending Deeembe1· twenty-ninth, nineteen hundred and three, as proYided in Aets Xumbcrcd Se,·en hundred and two and Nine hundl'ed and eighty-nine: Thel'efore, By a1ilhority of the United States, be ii en(letcd by the Philippi~ Commission, that: SECTION l. The time for such registration is, pursuant to authority granted by section four of the Act of Congress appron~d April twenty-ninth. ninrtel'll hundl'e<l and hrn, hereby extem!ed for a period of two months, to date from December twenty-ninth. nineteen hundred and three. ~Ee. 2. The public good requiring the speedy enactmrnt of this bill, the passag<' of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure Uy the Commission in the enactment of laws," pas.;ed September twenty-sixtn, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, Janual'y 6, 1904. EXECUTIVE OUDEUS. THE GOVERXMENT OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANILA, December 81, 190J. Pursuant to the provisions of section five, subsection (c), Act Numbered One hundred and thirty-six as amended by Act Numbered Eight hundred and sixty-seven, Philippine Commission, and upon the recommendation of the Chief Justice of the Supreme Court of the Philippine Islands, the following-named judges are hereby designated to remain on duty, subject to call, for the performance of interlocutory jurisdiction throughout the Philippine Islands during the vacation period authorized by the said Act Numbered Eight hundred and sixty-seven: For the Supreme Court of the Philippine Islands, :Manila: Honorable E. E'inley Johnson. For the Courts of First Instance, city of Manila: Honorable l\Ianucl Araullo. For the Courts of First Instance, Second and Third Judicial Districts and the l\fountain District: Honorable Charles H. Bur· ritt. For th<' Courts of First Instance, Fourth, l<'ifth, and Sixth .Judicial Districts; Honorable .Julio Llorcnte. For the Courts of First Instance, First, Sev<'nth, and Eighth ,Judicial Districts: Honorvble Albert E. JlcCabe. For the Comts of First Instance, Ninth, Tenth, and Fifteenth ,Judicial Districts: Honornble William F. Norris. For the Courts of First Instance, ElcvC'nth, Twelfth, Thirteenth, ancl Fourteenth Judicial Districts: Honorable James H. Blount, jr. , And of the judges at luge: Honorable Miguel Logarta. LUKE E. WRIGHT, Acting Civil Governor. THE GOVERNl\·IE~T OF THE PHILIPPINE ISL.\~'"DS, EXECUTIVE BUREAU . MANILA, January 1, 1904. E:xJo:ct:TIVE 01m1m ~o. I. } Pursuant to the provisions of the Act of Congress appl'oved ).lar<'h S<'cond, nineteen hundred and three. and in order that all lhc \'arious kinds of money coined by the Spanish Government for circulation in the Philippine Islands, and commonly known as Spanish-Filipino currency, may be speedily withdrawn from circulation, and the introduction of the new Philippines currency thereby expedited, it is hereby 01·dered, Tlrnt the Insular Treasurer and each provincial treas· urer in the Philippine Islands shall, for a period of six months, beginning at the date of this order and continuing up to and including June thirtieth, nineteen hundred and four, exchange. on demand Philippines currency for said Spanish-Filipino currency at such rates as the Insular Government may, from time to time, cletcl'mine; and that after June thirtieth, nineteen hundred and four, said Spanish-Filipino cmrency shall not be so redeemed. That the Insular Treasurer and the various provincial and municipal treasurers of the Philippine Islands and all other officials authorized by law to receive Government dues, imposts, or taxes of any kind, whether insular, pl'Ovincial, or municipal, shall, for a p<•riod of nine rnoµths, beginning with the date of this order and continuing up to and including September thirtieth, nineteen hundred and four, receive Spanish-Filipino currency in payment of all :;uch due,;, impost,;, 01· laxes at the aforementioned official rn tes to be from time to time determined. That after September thirtieth, nineteen hundred and four, said Spanish-Filipino currency shall not be receivable by insular, prodncial, or municipal governments in payment of Government dues, imposts, or taxes of any kind, but after said date may be exchanged for Philippine pesos at the Insular Treasury and the \'arious provincial treasuries, at its bullion value, until such a. time to be hereinafter fixed, when the Government will no longer redeem the same. The provincial treasurers are he1·ebv authorized and directed to exchange with municipal treasurel's °Philippines currency for all Spanish-Filipino <'U!Teney which may have been l'eceived by them, 1t·s1wctin·ly, ac(•onling to lnw and the provisions of this order, and at the official rates at which said Spanish-Filipino currency sliall have been so received; and the Insular Treasurer is also hereby authorized and directed to make the same exchanges with all provincial treasurers, at the rates at which such Spanish-Filipino ennency was l'eceived by them in accordance with law and the provisions of this order. The Spanish-Filipino 'currency so received shall be withdrawn from circulation. The cost of transporting Spanish-Filipino emrency and Philippines currency, pur· suant to the provisions of this paragraph, shall be a proper charge again,.;t the Insular Treasury, payable out of the gold-standard fund. The official rate for the redemption of Spanish-Filipino curl'Cncy and its aC'ceptance for public dues, from the date of this order until further notice, is hereby fixed at the ratio of one peso and twelve centavos, Spanish-Filipino currency, for one peso, Philippines currency. LUKE E. WRIGHT, Acting Civil Governor. DEt:ISIONS OF THE SUPUEME COURT. [No. 1299. November 16, 1903.) F!CK\"'l'E PEREZ, J'la.intiff and a1,pellec, vs. BUGBN/O POMAR, ,LGBX'l' OP THE COMP.·l~l.-1 GENERAL DE TAB:\COS, defnrdrmt amt appellant. 1. CONTRACTS; CoNsF.:>:T.-Contrncts resulting from an implied consent o! the parties are valid and enforceable. 20 OFFICIAL GAZETTE 2. CO/'iTRAC'fl;; IMPLH:D CONSl>NT; HtRING.--Wbere one bas rendered services to another, and these services are accepted by the latter, in the absence of proof that the service was re11dered gratuitously an obllgation results to pay the reasonable worth of the servkes rendered upon the Implied contract of hiring. 3. Io.; IP. ; Jo.-Altbough no fixed amount may have been determined as the consideration tor the contract of hiring, the contract is nevertheless valid if the amount of the implied compensation can be determined by custom or frequent use In the place where the services were reoC.ered. APPEAL from a judgment of the Court of First 1nstancc of Laguna. The fact.; are stated iu the opinion of the coul't. FRANCISCO DOMINGUEZ, for appellant. LEm:sMA, St.::\IULO:-;"G and Q1;1xTos, for appcllec. TORRES, J.: Jn a decision dated Fcbrmtry 9, 1903, the judge of the Sixth Judicial District, deciding a case brought by the plaintiff against the defendant for the recovery of wages due and unpaid, gave judgment against the latter for tlrn sum of $600 and the costs of suit, less the sum of $50, .Mexican. On August 27, 1902, Don Vicente Perez tiled in the Court of Fil'st Instance of Laguna a complaint which was amended on the 17th of January of this year, usking that the court determine the amount due the plaintiff, at the customary rate of compensation for interpreting in these Islands, for services rendered the Taha· calern Company, and that, in view of the circumstances of the case, judgment be rendered in his favor for such sum. The complaint also asked that the defendant be condemned to the payment of damages in the sum of $3,200, gold, together with the costs of suit. In this complaint it was alleged that Don Eugenio Pomar, as general agent of the Compaiifa General de Tabacos in the said province, verbally requestl'd the defernlant on the 8th of Decf'mbcr, 1901, to act as interpreter between himself and the military authorities; that after the date mentioned the plaintiff continued to rende1· such services up to and including :May 31, 1902; that he had accompanied the defendant, Pomar, during that time at con· ferenees between the latter and the culoncl comnumding the local garrison and with various oflic1•rs and doctors residing in the capital, and at conferences with Captain Lemen in the town of Pilar and with the majo1· in command at the town of Pagsanjan, concerning the shipment of goods from ::\Ianila and with respect to goods shipped from the towns of Santa Cruz, Pilar, and Pagsanjan to this city; that the plaintiff during this period of time was at the disposal of the defendant, Pomar, and held hilm;elf in readiness to render services whenever required; that 011 this account his private business, and especially a soap factory established in the capital, was entirely abandoned; that to the end that such senices might be punctually remlen·d. tho agent, Pomar, a:-;sured him that the Tabacalera Company ahrnys generously l'cpaid services rendered it, and that he therefore did not trouble himself about his inability to dernte the nece:-;sary amount of time to his business, Urn defendant going so far as to make him flattering promises of employment with the company, which he did not accept; that these statements were made in the absence of witnc;;scs and that therefore his only proof as to the same was l\lr. Pomar's word as a gentleman; that the employees of lhc company did not under· stand English, and by reason of the plaintiff's mediation behn•en the agent and the militar:y authorities large profits were obtained. as would appear from Uw account and letterpress bCJoks of lhe agency corresponding to those dat<>s. In the amended complaint it was added that the dcfondant, 011 behalf of thr company, offered to remunerate the plaintiff for the sen·ices n'ndcred in the most advantageous manner in whil'h such services :1rc compensated, in Yil'w of the circumstances under which they \\·ere requested; and that the plaintiff, bx rendering the company such sen'iccs, was obliged to abandon his own business, the manufacture of soap, an•l tl1ncl>y sull'cn•d (!;linage,.; in the sum of $:J,200, United States cunency. The defendant, on the 25th of September, 1902, filed an answer asking for the dismissal of the complaint, with costs to the plain· tiff. In his answer the defendant denied the allegation in the first parngraph of the complaint, stating that it was wholly untrue tho.t the company, and the defendant as its agent, had solicited the services of the plaintiff as interprctetr before the military authorities for the period stated, or for any other period, or that the plaintiff had accompanied Pomar at the conferences mentioned, concerning shipments from Manila and exports from some of the towns of the province to this capital. He stated that he especially denied paragraph 2 of the complaint, as it was absolutely untrue that the plaintiff had been at the disposal of the defendant for the purpose of rendering such services; that he therefore had not been obliged to abandon his occupation or his soap factory, and that the statement that an offer of employment with the company had been made to him was false. '!'he defendant also denied tho.t through the mediation of lhe plaintiff the company and himself liad obtained large profits. The statements in paragraphs 6, 7, 8, and 9 of the complaint were also denied. The defendant stated that on account of the friendly relations which sprang up bet\oveen the plaintiff and himself, the former borrowed from him from time to time money amounting to $1 i5 for the purposes of his business and that he had also delivered the plaintiff thirty-six arrobas of oil worth $106 and three packages of resin for use in coloring his :;oap; that the plaintiff accompanied the defendant to Pagsanjan, Pilar, and other towns when the latter made business trips to them for the purpose of extending his business and mercantile relations therein; that 011 these excursions, as well as on private and official visits which he had to make, the plaintiff occasionally accompanied him through motives of friendship and especially be· cause of tl1e free transportation given him and not on behalf of the company of which he was never interpreter and for which he rendered no services; that the plaintiff in these conferences acted as interpreter of his own free will, without being requested to do so by the defendant and without any offer of payment or com· pensation; that therefore there existed no legal relation whatever between the company and the plaintiff, and that the defendant, when accepting the spontaneous, voluntary, and officious services of the plaintiff, did so in his private capacity and not as agent of the company, and that it was for this reason that he refused to enter into negotiations with the plaintiff, he being in no way indebted to the latter. The defendant eonclmlcd by saying that he answered in his individual capacity. A complaint having been filed against the Compailfa General de Tabacos and Don Eugenio Pomar, its agent in the Province of Laguna, the latter, having been duly summoned, l'eplied to the eomplaint, which was subsequently amended, and stated that he made such reply in his individual capacity and not as agent of the company, with which the plaintiff had had no legal relations. The suit was instituted between the plaintiff and Pomar, who, as such, U('Ceptcd the issue and entered into the controversy without objcc· tion, opposed the claim of the plaintiff, and concluded by asking that the complaint be dismissed, with the costs to the plaintiff. Under these circumstances and constrning the statutes liberally, we think it proper to decide the ease pending between both parties in accordance with law and the strict principles of justice. From the oral testimony introduced at the trial, it appears that ti](' plaintiff. Perez, did on various occasions render Don Eug<'nio Pomar scl'vices as interpreter of English; and that he obtained passes and accompanied the defendant upon his journeys to somc of the towns in the Pro\'inee of Laguna. It does not appear from the e\·idencr, however, that the plaintiff was con>ituntlr at the disposal of the defendant during the period of s~ months, or that he i·enderrd sc1·\·ices as such interpreter con· tinuously and daily during that period of time. It does not apprar that any written contract .,as entered into OFFICIAL GAZETTE 21 betwel'n the parties for the employment of the plaintiIT as interpreter, or that any other innominate contract was entered into; but whether the plaintiff's services were solicitetl or whether they were offered to the defendant for his assistance, inasmuch as these services were accepted and made use of by the latter, we must consider that there was a tacit and mutual consent as to the rendition of the services. This gives rise to the obligation upon the person beuelited by the services to make compensation th.!refor, since the bilateral obligation to render service as interpreter, on the one hand, and on the other to pay for the services rendered, is thereby incurred. (Arts. 1088, 1089, and 1262 of the Civil Code), The supreme court of Spain in its decision of Feb· ruary 12, 1889, holds among other things "that not only is there an express and tacit consent which produces real contracts, but there is also a presumptive coI_lsent which is the basis of quasicontraets, this giving rise to the multiple juridical relations which result in obligations for the delivery of a thing or the rendition of a service." Notwithstanding the denial of the defendant, it is unquestionable that it was with his consent that the plaintiff rendered him services as interpreter, thus aiding him at a time when, owing to the existence of an insuri-ection in the province, the most disturbed conditions prevailed. It follows, hence, that there was consent on the part of both in the rendition of such services as interpreter. Such service not being contrary to law or to good custom, it was a perfectly licit object of contract, and such a contract must necessarily have existed between the parties, as alleged by the plaintiff. (Art. 1271 of the Civil Code.) The consideration for the contract is also evident, it being clear that a mutual benefit was derived in consequence of the service rendered. · It is to be supposed that the defendant accepted these services and that the plaintiff in turn rendered them with the expeCtation that the benefit would be l'Cciprncal. This shows the concurrence of the three elements necessary under article 1261 of the Civil Code to constitute a contract of lease of service or other innominate contract from which an obligation has arisen and whose fulfillment is now demanded. Article 1254 of the Civil Code prnvides that a contract exbts the moment that one or more persons consent to be bound, with respect to another or others. to deliver some thing or to render some sel'vice. Article 1255 pl'ovides that the contracting parties may establish such covenants, terms, and conditions as they deem convenient, provided they al'e not contrary to law, morals, or public policy. Whether the service was solicited or offered, the fact remains that Perez rendered Pomar ser\"ices ns interpreter. As it docs not appear that he did this gratuitously, the duty is impo1icd upon the defendant, he having acceptt'd tlw benefit of the service, to pay a just compcnSation therefor, by virtue of the innominate contn<.ct of "focio ut des" implicitly established. The obligations arising from this contract are reciprocal, und, apart from the general provisions with respect to contracts and obligations, the special provisions eoncerning eontraets for lease of services are applicable by analogy. In this special contract, as detel'mincd h.v article 1544 of the Civil Code, one of the parties undertakes to render the other a sen-iee for a price eel'tain. The tacit agreement and consent of both pal'til's with respPct to the sel'Vice rendered by the plaintiff and the reeiprocul benefits accruing" to each are the best evidence of the faet that thel'e was an implied contract sufficient to create a legal bond, from which aros"e enforc<'nble l'ights and obligations of a bilateral chnractcr. In contm<'ls the will of the contrncting parties is law, this being a lcgul do<'tri1w based upon the provisions of articles 1254, 1258, 1262, l2i8. H81, 1282, and 128fl of the Ci,·il Coe!<'. If it is a fact sufficiently 1n·oven that the dcfendnnt, Pomar, on nnious occasions eon»ented to 1wccpt an int(')'prcter's S<'J'Vices, rendered in his lwhnlf aud not gratuitously, it is hut ju.~t tlmt he should par a l'l'asonnhl<' ro;..,nml('ration therefor, he<'ausc it is u well-kno\\n 12600--2 principle of law that no one should be permitted to enrich himself to the damage of another. ' \\"ith respect to the value of the services rendered on different occasions, the most important of which was the first, as it does not appear that any salary was fixed upon by the parties at the time the services were accepted it de,•olvcs upon the court to determine, upon the evidence presented, the value of such services, taking into consjderation the few occasions on which they were rendered. The fact that no fixed or determinate consideration for the rendition of the services was agreed upon does not necessarily involve a violation of the provisions of article 1544 of the Civil Code, because at the time of the agreement this consideration was capable of being made certain. The discretionary power of the court, confened upon it by the law, is also supported by the decisions of the supreme comt of Spain, among which may be cited that of October 18, 1899, which holds as follows: "That as stated in the article of the Code cited, which follows the pfovisions of law 1, title 8 of the fifth Partida, the contract for lease of services is one in which one of the parties undertakes to make some thing or to render some service to the other for a certain price, the existence of such a price being understood, as this court has held not only when the price has been expressly agreed upon but also when it may be determined by the custom and frequent use of the place in which such services were rendered." No exception was taken to the judgment below by the plaintiff on account of the rejection of his claim for damages. The decision upon this point is, furthermore, correct. L'pon the supposition that the recovery of the plaintiff should not exceed 200 Mexican pesos, owing to the inconsiderable number of times he acted as interpreter, it is evident that the contract thus implicitly entered into was not l'equired to be in writing and that therefore it does not fall within article 1280 of the Civil Code; nor is it included within the provisions of article 335 of the Code of Civil Pl'ocedure, as this innominate contract is not covered by that article. The contract of lease of services is not included in any of the cases expl'essly designated by that article of the pro· cedurnl law, as affirmed by the.appellant. The interpretation of the other nrti<'les of the Code alleged to han been infringed has also been stated fully in this opinion. For the reasons stated, we are of the opinion that judgment should be rendered agninst Don Eugenio Pomar for the payment to the plaintiff of the sum of 200 :Mexican pesos, from which will be deducted the sum of 50 pesos due the defendant by the plaintiff. No special declaration is made as to the Msts of this insbmce. The judgment below is accordingly affirmed in so far as it agrees with this opinion, and reversed in so far as it may be in conflict therewith. Judgment will be entered accordingly twenty 1lays after this decision in filed. Arellano, C. J., Willard and l\Iapa, JJ., eoncur. l\IcDoNOUGH, J., with whom concurs COOPER, J., dissenting: I dissent from the opinion of the majority. In my opinion there is no legal evidence in the case from which the court may conclude that the recovery should be 200 :Mexican pesos. I nm therefore in favor of th<' affirmancC' of the judgment. Johnson, J., did not ;:;it in thi.;; <'RSC'. Judgment modified. [No. 1471. November 21. 1903.) J. r. K"!l"/GH'J', 1wlilim1t•r. rs. J . .llc.lllCK/XG, <'lerk of the ('our/ 11{ f"irsl 111.<:tanrx of .lh111ila, r<'spm1dc-11t. 1. P1.~:ADING ANP PRACTICE; DOCKETING APPEALS FROM JIJSTICES' COIJRTS; PAY:.i~:xT OJ' FE~;s.-Upon the removal of a civil case by appeal from the •·ourt of a justice of the peat·e to the Court of First Instance the {']erk of the latter court is entltled to demand payment or bis fees before do<·ketlng the case. 22 Ol:i''FICIAL GAZETTE 2. Io.: APl'F.AL Bosn.-The cost bond executed by the appellant in favor of the appellee ts not available to the clerk as security for the paymentor his feE-s. 3. ID. ; COSTS AND FE~:s DEFINED AND DISTINGUISHED.-Costs Include the expenses Incurred by a party in the prosecution of a suit; fees are the compensation paid to an officer for services rendered In the progress of a suit. Fees may be taxed as costs In a Judgment. Fees In civil eauses must be paid In advance unless otherwise provided by law. 4. M,umAMUS: ANOTIU:R Ao~;QUATE Rt:MEDY.-Mandainus will not lie to compel the clerk to docket a cause at the Instance of an appellee who can obtain the same relief by paying the required fee. Mandamus will not lie when the parties have another adequate legal remedy. Per COOPEH, ,/.,dissenting: •5. PLEADING A:<Oll PRACTICE; COSTS AND FEES.-ldentlty exists between costs and tees In the mode ot collection, and ordinarily their payment can not be enforced until final judgment and costs have been taxed. This rule bes been changed by seC'Uon 787 with referen<'e to the clerk or the Supreme Court, and the failure to enal"l a like provision In the next section relatlng to the fees or the clerk or the Court ot First Instance furnishes a strong inference that the ordinary rule with respect to the clerk or the Court of First Instan<'e remains unchanged and that be has no right to demand payment of fees In advance. 6. In.; APPEALS FROM JUSTICF. COURTS; MANDAMUS.-ln appeals from justice courts the fl.ling or written statement of intention to appeal and the appeal bond perfects the appeal and operates to vacate the judgment, and the duty then devolves upon the justice of the peace to transmit the record to the clerk, and upon the derk to docket the same In the Court of First Instance. This requlremE"nt Is unconditional and the law Is mandatory, and the clerk may be compelled by mandamus to perform it. ORIGINAL PETITIOX for a writ of mamlamus. Petition denied. The facts. are stated in the opinion of the court. T. D. AITKEN and P. ,J. ).looRE, for petitioner. l~REDERICK GARFIELD \YAITE, for l"('SpomlPnt. Jonr.;;sox, ./.: This cause was submitted to the eourt for judgnwnt upon the pleadings. On March 31, 190:!, a judgment was rendered in the comt of the justice of the pence of the city of l\lnnila, in the c;rnse of J. V. Knight vs. B. 0. Eide, in fayor of the plaintiff. On the 4th day of April following the defendant appeal<'d from snid jmlg· ment to the Court of First Instance of the dly of Manila and gave a bond payable to the appellPe conditioned for the payment of all such costs ns may be awardc>d against him. Later the jnstice of the pea<'<' duly forwarded the record of the Haid cansc to the clerk of thf' said Court of First lnstanee. Th<> said clerk refused and still rf'fus<>s to place the said <'llUHe of ,J. \'. Kni;..:-ht vs. Eide upon the dockf't of said Court of Fir..;t Jnsbrnce, for ti\{' reason that the fees pro\·idcd for in section 788 of the new Ch·il Code of Civil Procedure luxe not been paid. The plaintiff nnd nppcllee now petition this court to grant the writ of mandamus directed to the said clerk, commanding him to docket the said cause- without first reC'eiYing his fees. The question submitt('tl is, \\"hnt constrnction shall be given to the stntute r('gulating thr• collection of fees by officers of the court? The appellec claims that section 78 of the Code of Civil ProC'('dure makes it necessary for the clerk of the Court of First Instancc to docket erery appeal from the rourts of justiccs of tlw pcaec whem•\·cr the transcripts from said courts are duly ti!C'd with him. The appellee nlso claims that the bond whh·h thC'" nppe\11111{. is required to gfrc in order to perfect his appeal co\·f'rs lhe fef's of the clerk, who for this renson can not demand his fN•s in 11dn111ce but must n•ly upon the said bond for the eollection of the sanw. It is ah<o argued hy appellee tha.t unles.'{ thl' clPrk is n•quirl'd to docket tl1e ;;aid cause that the cause can lll'n>r hr hl'nnl on nppcnl and thnt the appeal has the effect to (h•fl•at the jrnlitmC'nt of lhe court below, for the reason that when an a_ppl'al • Headnotes by Mr. Justice Cooper. is taken and perfected, from the judgment of the justice of the pence, the judgment of the justice is thereby vacated. SPction 78 of the new Code provides: ''Papers to be delivered to cleric of Oou/"f of First Instance.The justice of the peace from whose dN.•ision nn appeal sha11 be taken shall. on or before the first day of the next term of the Court of First Instanc(' for th(' pro,·ince in which the same is returnah)f', transmit to the derk of that court a certified copy of thE' record of proceedings, with all the original papers and process in the case, and the original appeal bond gfren b~· the appellant, nnd the clerk shall docket the same in the Court of First Instance, and shall bP entit!C'd to the same fePs. upon such appeals, as for similar services in snits originating in said court. The justice shall at all times hr allow('d. and, in the interest of justice, may be required, by the Court of First Instane<>. to amend his return acC'ording to the fact-;." The appellee clai111s that the phrase "and the cle1·k shall docket the same in the Comt of. First Instance" is mandatory. But it will be obsf'rved that the ve1·y next phrase states "and shall be l"'ntitled to the same fees, upon such appeals. as for similar sen•ices,'' rte. Section 788 of the snmc Code pro\'ides what fees shall be collected in other cases. SC'ction 60 of Act 136 of the United States Philippine Commission providC's that "all f<:>es charged by them (the clPrks) shall belong to the Government." Section 76 of the new Civil Code proYides that: "~tppeals, how perfccted.-\Vithin fiye days after the rendition of n judgment by a justice of the pPace, the party desiring to appeal may file with the jm;;tire a written statE'ment that he appeals to the C'omt of First Instanee, and shall, within said pl'riod of fi\'e days. gfre a bond with sufficient.surety to be approved by said justice, payable to the opposite party, in the penal sum of $100, condilioned for thr payment of all such costs in the action as finally may be awnrd('d against him. The filing of such statement and gidng of such bond shall perfect the appeal." The a.ppellee argues that the bond required by this section cov('l"S all fees and east;; nnd that therefo1·e the clerk must rely upon it for his fees. To this argument there a.re two objections: (l) The bond is given for the benefit of the opposite party and (2) it is conditioned to pay COfits simply. A distinction must be made between ('OSts and fe('s. ThC> formE'r includes the expenses incurred by a party in the prnseeution of u suit; the lattf'r are the compen1>atio11 paid to an oflit'er for scniccs l'endered in the progress of the cause. E\·e1·y offit'er in civil causes is entitled to have his fees paid to him in advan<•(', eXCC'(Jt l.n the cnse mentioned in section 550 of the Code of Civil Prnredure in habeas corpus proceedings. When the fees have been paid, in the settlcmPnt of eosts, they may then be regarded as cost?;, and a judgment may be rendered accordingly. The bond required is to corer costs. (O'Neil 1,s. Kansas City, etc., :n Fed. Rep., 663.) Mandamus is an extraordinary remedy and is lll'\"er granted when the party has another adequate legal remedy. In this case the appellce has anothcl" adequate remedy. He may pay the required fee and have his case docketed. The bond protects him. The elerk can not be required to docket civil cases until he has been paid the fee required by law. The application for mandamus is denied. Arellano, C . • J., Torrl's, Willard. Mapa. and ~frDonough, JJ., COOPEH, J., dissenting: The qul'stion presented for decision is. whether the clerk of the Court of First Jnst.ancP mny require thc pa;ymPnt of his fees in a(h-anc-e brfol"C' dot"keling an appeal from the ju~tiee ('OUrt. While tlwr<' is a differcm·e bC'tween costs nnd f('(•s, itl<'ntity f'xists in thC' mo1lc of collC'<"tion. "Originally. foes \\"C'rP in striC'tness dcnmndnhlt> at thl' iu . .;tant at whieh the sen·ieC' wa,,; rendered, but OFFICIAL GAZETTE 23 an unintt>rruptl'd eourse of indulgence at length ripcnrd into a custom which has recl'ind the sanction of juclieial decision. that the party for \\·hose benefit the:.• were J"rndc>rt.>d slrnll not be called on until after th<' detl'l"mination of the ell!il', wlwn, to iwoid lhe vexation of an original suit for n trilling- dnnand it beeame the practice to includf' them in thr execution 11.'> if they were a part of the successful party's cost." l).[uss<'I' 1·~. Good, 11 H. and R. (Pa.), 247.) Ordinuily tlw paynU'nt of eosts nm)' not he <'nforee<l until final judgmE"nt has been ren<ll'l'Nl and co:;ts havp bel'n taxed q,nd inserted therrin. (5 Ene. Pl. nml Pr., 254.) Costs nri· usually paid to the clerk of the court or l'Ollcc-tcd by the sheriff for the benefit of tllOS<' entitled to them. "The costs, being accessory to the judgnwnt. nm,y he enforced like it by exrcution, which is hy fol' thl' mqst ('ommon rcmC'd:.• for their <•olleetion." (3 En{'. Pl. and Pr .. 2,')t.i.) The ordinary rule that the payment of co,;b; may not bC' enfo1·cC'd until final judgml'nt has been rendered. hns hc(•n <•xpressly changed bv section 787 of the Code of Civil Proerdure with rl'f<'rencP to ti1e fecs of the clerk of thr Supreme Court. It is prnvidcd in this section that "if the f<'C'S are nol paid the court may rrfuse to proceed with the action 11111.il they are paid and may dismiss the 'bill of exC'eptions or appeal for failure to prosec•ute if the fees urc not paid within a rcasonable time and after reasonable notice." This proYision has been omitted from the next section ( 788). which relates to the fees of the clerk of tl1e C'omt of First Instanc<'. (No. 1360. December 4, 1903.] TllH l:X/1'})}) 1'11'..ITHR. comvl-Oinant a11d ap1>ellee. i:s. :llU.U ,..,'.IJ/'1'11, 1frfctula11t <11ul appellant. 1. CRI)l!NAL LAW: INFORMATION; TIME VAHIANCE.-An Information charging the commission of the crime or robbery In December, 1902, was ftled March 19, 1903. The proof showed that the oftense was l'Ommitted In January, 1903. Held, that the complaint was sutncient to sustain a t·onvlct!on, the variance being immaterial. 2. In.; Ju.; In.-The complaint must allege a specific time and place when and where the oftense was committed, but wben the time so alleged Is not of the essence of the offense It need not be proved as alleged, nnd the complaint will be sutnc!ent If the evidence shows that tbe offense was committed nt any time within the period ot the statute o( llmltntlons and l.iPfore lbc commencement of tile action. 3. Io. ; RoDBl>RY; EsTAFA.-One wbo obtalos money by pretending to be an otneer of the law and by threats of arrest and imprisonment is guilty of the crime or robbery by Intimidation and not of estafa. APPEAL from a judgnwnt oft.he Court of First Instance of Albay. The fa('ts arc stnt('d in tlw opinion of the court.· C. \\'. O'BRIEX, for appellant. Soliritor-GC'11eral AnA:\'ET,\, fo1· appellee. Jon :\SOX, ·'·: The dcfendant charged with the crime of robbery, as follows: ··In the Court of First Instance of Albny Province, on the 9th day of March, 1903, the undersignf'd accuses Adam Smith of the f'l'illll' of rnbbc>ry, committed ns follows: It is to be inferred that in the absence of the pro\'ision requiring ··That the nccusc>d, in the month of December Inst, in the house the pa:.•ment of the feC's in adnllll'C to the cll'rk of the Supreme of tlw iH'ting justice of the peiH'<' of the said town, Don Esteban Court, the derk of the Supreme Court would not hn\·e had the Delgado, took monl'y with Yiol<'nce and intimidation, of the value right to demand their pa:.·ment; otherwise this prm·ision would of $000, more or ll'ss, from I'<•(\ro Ralla and JosC!fa Garcia, citibe unnec•essary, and the failure to enact such n provision in the ZC'ns of that town. contrary to lnw." suCcePding section furnislws a strong infnen<·<' that it was not On the 27th da~· of April. 190:{, the judge of the Court of First intended that the clerk of the Court of First Instance should hnve Instance of tlw l'ro\°in('t' of Albay. after hearing the evidence, thl' right to demand the payment of his fees in advance. found the dc>femlant guilty of the crime of robbery. in the manner By the provisions of sl'ction 70 of the Code of Civil Procedure, and form as ehargl'd in lhe <·omplnint, and sentenced him to be the party desiring to nppeul from a decision of the justice of the imprison<'d for tlw J)('riod of three years and eight months of pencC' is required to file a written statement with the justice that p1·('Hidio correccion11r and to pay all costs. he appeals to the Court of First Instance, and shall within the The ('\·idC'Til'l' adduced at the trial showed that the defendant, on period of five days give a bond with sufficient surety, to be ap- or nbout t.he 8th day of ,Jnnunry, 1903, entered the house of <lne prnved by the said justice, payable to the opposite pa.rty, in t.he Esll•han Delgado, acting justice of the peace, and then and there penal sum of $100, "conditioned for the paynwnt of all such COl$ts rl'pn·sented that he was a detective and that he was looking for in the a<'tion aR finally may be awarded against him; the filing of c·ertain persom; called Josefa Garcia nnd Pedro Ralla. These said su<'h a statement and giving of such bond pcrfeets thf' appeal." pt•r,;ons were eallcd by the said defendant to the house of the said B~· thc pro,·isions of section 75. n. perfected appeal oprrates to Dt'lgndo on the said day. \~'hen the said Josefa Gnrcia and Pedro Yaeat.e tlw judgment of the justire of the pl'aCC'. Ra\ln ani\·ed in the said house, the accused informed them that he By section 78 "the justic<' of the p<'ace from who,;c decision an luid authority to arrest them, and that he had anested one Isnhelo appeal ;;Juli! be taken. ,;hall. on or bC'fort> the first day of tlw next :i\Iadern, and that he could release him. The defendant showed a tel'm of lhc Cot•rt of l~irst lnstnm•e for the pro\'incc in which the l<'ttcr to these persons, which he told them was his authority to same is returnable>, trnnsmit to the clerk of that conrt a certified arrC'st them. Later. on the ;;ame dny. the accused ordered the said copy of the record of prncel'dings, with all the original papers and Josefa and Pcdrn to pr<'part> tlwir clothing in ordf'I' to go to proc<'ss in the case and the original appeal bond given by the appel- )fanila. breaus(' he> was going to tukc them as prisoners. He also \ant und the clt>rk shnll docket the sume in t.he Court of Fir,;t onl<'red tlw said Dt>lgndo to prepare a vehide to take the s1tid lnstilllcl'." so-t•alled prisoners lo n point where he could secure transportation It results from tllt'se provisions of illl' Code of Civil Proc('(llll'c, to ~Ianila. A vehicle eould nol he found. 'l'he said Josefa and that the filing of the written statement and the appeal bond per- Pedro preparl'd their clothiniz for the trip to Manila. Dming the fccts llw appeal, and that a perfected appeal operates to vacate com·<•rsation bet.ween th(' accused and the said Josefa and Pedro tlw judgment of the just.it·e of the peace. the former conlinnally threatened them with arrest and with The parties appcaling ha\'c no duty to pPrform further than personal harm. gi,·ing the notice of appeal and filing lhe appeal bond. and tlwn AftN the suit! persons \\·erl' so arrestC'd by the !ll'C'Used, he in· the duty dC'vokcR upon thl' just.i<·1~ of thc Jlt'acl' to trunsmit t.he formcd thcm thut tlw~· .1.rnd a rcmedy. He gave them to underrrt·onl to the l'if'rk. \\·ho shall do('ket the same in the Court of . stand that if they would give him $1,000, Mexican, h<' wou\!I First Instance. This rc>quirf'ment is nncomlitional and mand11tory, l'f'il'ase tlwm. Finally n t·omprombc wns made on the nmonnt and nml thl' ell'rk must 1wrform it, and if l1l' rl'fu,;(',; lo do so. mny be .Joscfa aml Pi•iho pahl to tilt' gait\ ll<'<'used the sum of $i00. )fc:-deom1)('\Jcd by nmndnmus. The 11cl'ttscd test.Hi!'(\ in his own behalf. Hl' admitted thnt For tht• rl';u<ons ahm·1· slated. I di,;s1•11t from tlH• mnjority Jw had rrC'eiHd the 700 pesos. but thnt it was gi\'l'II to him us a dN·ision. bril)(' by the ;;aid per;;on;; to >i!'C\11'(' the relea,;e of thC' said Isabelo )ladcra. ..\l the! tilll(' of tlw arrl'st. thc a<·c·us1•d admitted that he 24 OFFICIAL GAZETTE had used for his own purposes the sum of :WO pesos of thi!! money. The accused Mtatetl tlmt he had 1·eceh·ed the money in order to use it as evident-e ugainst these persons in a complaint against them for attempting to bribe an official. The complainL alleged that the offense was committed in the month of December, 1902. Act-ording to the proof, it was actually committed in the month of January, 1903. 1'hc <'<>mplaint was filed the 9th day of l\larch, 1903. 1t is argued by the attorney for Lbe defendant that fol' this reason the 11ccusPd should ha\·e been dilnnissrd upon the the01y that the c\'idence in criminal cao;;es must conespond to the allegations in the complaint. It is true that the complaint must allege a specific time and plaC<" when and where the offense was t.'Ommitted. 'fhe proof, howc\·er, need not correspond to thii> allegation, unless the time and place is materinl and of the e~ence of the offense as a nect"s· sary ingredfont in its de;;cl'iption. (2 Hussel on Crimes, 802; Wharton. Criminal I~aw, 220.) 'fhe e\·idence is admissible and sufficient if it shows that the t'dme wns committed a.t any time within the period of the statute of limitations and before or after the time stated in the complaint or indictment and before the ac· tion is commenced. (See State vs. ::\tiller, 33 Miss .. 31'i6.) In this cited case the complaint alleged that the offense was committed on the 28th da.y of October. According to proof it was committl>d on the 6th day of November following. The court instructed the jury to find the defendant guilty if the c1ime was committed any time before the fl.nding of the indictment. (See same ease in 69 Am. Dec., 351; see also Cook vs. State, 56 Am. Dec., 410, and note on p. 418.) If the proof shows that the offenHC was committed after the complaint is actually flied or the prosecution is commenced it will bi: held bad. (Goddard vs. State, 14 'fex., (Cr.) Appeals, 566.) ·The following det'isions support the rule, that when the "time" given in the t'omplaint is not of the essence of the offense, it need not be prm·en ns alleged nnd that the complaint will be susta.inad if the proof shows that the offense w1H1 committed at any time within lhe period of the statute of limitations and befo1·e the com· mencemt>nt of the action. (PeoplP 1:.Y. ,Jackson, 111 :S-. Y., 362; Herchenbach vs. State, 34 Texas, G. H. 122; Commonwealth vs Dacey. 107 Mass .• 206; State vs. Bell, 49 Iowa, 440; State 11s, Walters. 16 La. Ann., 400; People i:s. Bidleman, 104 Cal., 60B; St.ate 1:8. Patterson, 116 Ind., 45; Stnte vs. Ingalls, 59 N. H., 89; Commonwealth tis. Dennett, l Pitts. (Pa.), 285; McCarty vs. State. :ti Miss., 411; Cook vs. State, 56 Am. Dee., 58, 410, and note on p. 418.) It was suggested that the defendant was guilty of cstnfa and not of robbl'l'Y· On the 24th day of June thf' snpreme court of Spain decided tlw follo\'-"ing quf'stion in the la.ngnage following, defining the 1lb· tinction betwct>n robbery and cstafa, under the penal code in forC'r in these Islands: "Will he, who presents himst>lf at the houses of ,·nriou;; person!! and demands money on the pre-text that it is for a band of mall'· factors who nre in the momltain11 nnd thnt he lrns bce-n eommi11· sion<'d to make such demands, and tht>reby eollects various sums from different individuah1. be /!Hilty of the crime of robbery with intimidation, or will thl' offem1e be !limpl)' that of c::itafa ! The supreme court has deellll"ed that the ,·al"iou!I demands made con· stitute as many distinct cl'ime!I of ·robbery with intimidation.' an invention for the purpose of obtaining the money, or whether the band actually existed, Pascual l\Iengu11l y Domenech, on demanding the sums he appears to hal"c receh'cd from different persons, attained his object by means of thrcnti:i of injury which the robbers might inffict on the persons upon whom the demands were made, if these persons did not comply therewith; and whereas this intimidation was netually present, the acts committed can not legnlly be considered to constitute estafa or deceit.'" ( Viada, vol. 3, p. 341.) The sentence of the court below is affirmed, with the costs in both instances. Arellano, C. J., Torres, Cooper, Willard, Mapa., and McDonough, JJ., concur. Judgment a,ffirmcd. BUUEAU OF CUSTOMS AND IMMIGUATlON. TARIFF OECISION CIRCULAR. No. 346.-Rice huller, detached parts of. MANILA, December 8, 1903. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned: "Jn the matter of Protest No. 2115, filed May 7, 1903, by Germinal, agninst the action of the Collector of Customs for the Philippine Islands acting as Collector of Customs for the port of :Ma· nila, as to the rate and amount of duty chargeable on certain merchandise described in Entry No. 6836, Voucher No. 15184, paid May 7, 1903. '"l.'he claim in this case is against the cla.ssiftcation of certain machinery as 'other machinery' under paragraph 257 ( b) of the Ta.riff Revision Law of 1901, at $1 per 100 kilos, or 20 per cent ad va.lorem, instead of as 'agricultural machinery' under paragraph 245, at $0.25 per 100 kilos, as entered. "The me1·chandise in question consists of cylinder shell and shaft screen holders, blades, and huller polisher screens for a rice huller. '!'here is no question but that these articles are vital and indispensable parbl of a rice huller. Neither is there any question but that under th<> rule established by the Court of Customs Ap· peals in the case of sawmill saws (Tariff Decision Circular No. !Si) these 1mrts are dutiable under paragraph 245, a. complete rice huller is thus dutiable. A rice huller is a ma.chine for 'prt>pn ring rice "' "' "' for the markets,' the product being l'il't' and not 11 'manufacture of rice.' ··Protest No. 2J l.'>, on the grounds above mentioned, is therefore i;.ustained and n refund ordered to the importer in the sum of $8.80, United States clll'rency. (SignP-d) H. B. McCoy, Acting Collector of Custom11 for the Philippine l11la.nd~.'' H.B. McCoy, Acting Collector of Customs for the Philippine Islands. CUSTO)IS ADlll:SISTRATl\.E CIRCULARS. No. 266.-Pi:ting rates of storage at entry ports outside of .llanila. MANILA, December 17, 19QJ, 'J'o all Collectoi·a of 0118tot11s: 'Whereas,' it is said, 'the C'onstituth·c C'lcmcnt of the <·rime of PARAGRArn I. The following l'fttes of storage on all baggage estafa consists in thf' ingenuity or cunning employed by the agl'nt left in customs t'Ustody nt the ports of Iloilo, Cebu. Jolo, Zamfor tlw purpose of dr<·C'h·ing the OllC' whom it is inte-ndcd to \'ic· boimga, Puerto Pl'incesa, Capf' :\leh·illt', and Bongito i.hall be timizc, nnd snl'h 11>1tulenf'ss nnd subtlety ronsC'quently C'Xchules nil . C'h1u·gcd on and niter Janua1·y 1, 1904: idea of intimidation or the l'mplo;nnent of otlwr ml'llns of like (I) On all packages, hand bng:;l"age, and other parcels contain· nature- tending to pl'l'\'C'nt or impede the C'XCrci!le of thC' will, whiC'h inl! dutiable per!;.onal effects, not rPgula1· ml'rclmndise which remains free and inde-petulent, nlthough infl11p1iecd by thf' !lbltl•· remain in customi;. t'Ustody more than forty-eil!ht hours, ineluding menls made, circumstlln('{'s which arp, also present in U1l' pe-rpr.· ~tmdap; 1md othrr holidnys, nfte1· tl\('ir landing at the customti-ntion of the df'('('it!I mentionrd in tlw Prnal Code; nnd whPre11s ho11S1• whnrf, not l'X('('cdini:r 2 t'ubic fC<'t in bulk, Mt'h. pl'r day, whethrr the- statC"ment 11:< to till' band of nullC'f;wtori. wns mert>l,r $0.04, Philippine's C'llrl't'llcy. OJfF'ICIAL GAZETTE 25 ---------- ---------(2) On all suC'h packages, etc., and trunks so remaining exceeding 2 cubic feet but not exceeding 4 cubic feet in bulk, each, per day $0.06, Philippines currency. (3) On all such packages, etc., and trunks so remaining <'Xceeding 4 cubic feet in bulk, each, per clay, $0.10, Philippines currency. (4) Provid-cd, That all steamer chairs of rattan or similur material so remaining shall pay at the rate of $0.10, Philippines currency, per day, each, and that all steamer chairs with woodrn frame covered with cane, C'loth, or canvas, of tlw folding variety, shall pay at the rate of $0.04, Philippines currency, prr day. rach. (5) And pro1''idcd furtlier, That all such packages, trnnks, and steamer chairs so remaining shall be subjrC't to at lenst five cla:\'s' storage. PAR. IL The following rntes of storage on all goocls remaining in Govrrnment warehouse.<; at th<'" nbov1• ports, rcspr<'tfrely. shall be charged on and aftrr Janua~y 1, 1904: ( l) On all goods or part.<; of consignments not onlcr('(l to the> appraisers' stores for examination which re>mnin in Gon~l"llm<'nt warehouses more than fivP days after tlw discharge of tlw last package of the consignnwnt upon the custom-hous(' wharf. at tlw rnte of P. 6 per metriC'al ton p<'r month: Prorfrk<I. al<10. That: in any case storage may be calculated by m<'asnremcnt ton of 40 cubic feet, in the discretion of the collPctor of customs. (2) On all goods, pa<'kagrs. or part.<> of consignm<'nts ordncd to the appraiser's stores for examination which remain in said stores more than forty-eight hours afte>r the liquidation of the entry therefor has been eompleted, at the rate of P. 12 per metrical or measurement ton, as above prescribed, pN month: Prodded, That all s·neh goods, packages, or parts of consignments so rl'maining shall be subject to at least fin! clays' i;lorage at th<'" abow rate: .-lnd provided fur/her, Tlrnt no storage shall lw chargc>d on such goods, packages, or parts of consigmnl'nls until the expira· tion of forty-eight hours after the liquidation of the> entl'~· <'0\'criug such consignment has been completed. (3) On all packages and articles remaining in the pal'C'<'l dC'partment of the appraisrr's division more than forty-eight hours HftN the liquidation of the entry therefor has been completed. al the rate of P. 0.10 per piece or parcel, per clny: Provided, That all such packages or articles shu11 be subject to at least five days' storng<' at the above rate: .-1nd 1Jrovided f1trtlw1·, That no storage shall be charged on such packagrs or articles until the expiration of forty-eight hours ufter the liquidution of the entry therefor has been completed. In the assessment of the storage charges prrscribcd by sections l and 2 of the preceding paragraph. thr lrngth of which th<' importer or his representative may state to be nrce;;;sary for him to withdraw the goods from the Gonrnment warehouses or the appraiser's stores, as the case may be, shall be included in fixing the charges, in order to avoid thl' necessity for uuiking additional payments of storage when goods arc not all withdrawn on the last day for which clrn.rgl' has been made: Provided, however, That no refunds of storage shall he made in <'Uses wherein goods are withdrawn before the time stated by the importer or his representative has elapsed: .'lnd provided fur/her, That in all eases storage shall be charged for the period up to and including the last day on which any part of the consignment or goods remains in the GO\·crnment warehouses 01· appraiser's stores. ( 1) On all goods or parts of consignments which r<'main in Go\'ernment warehouses more than fifteen days after the discharge of the last package of the consignment upon the custom-house wharf, at the rate of P. 12 per metrical ton per month: Provided r1f.~o, That in any case ,.,torngc nrny be ealculatC'd by measurement ton of 40 cubic feet, in the discretion of the <·ollcctor of cu,.;tom.s. ( l) On all goods or parts of consignments which remain in Uo\'Cl"lllllf'nt warC'houses more than fifteen day,; after th<' discharge of the la~t package of the consignment upon the custom-hou.o;e wharf, at the rate of P. 5 per metrical ton, per month: Provided 11lso, That in any eaie storage may be calculat<'d by measurement ton of 40 cubic feet, in the discretion of the collector of customs. On all goods or parts of consignments which n•main in GO\•ernIH<'nt. warchousrs more than fifteen days after the discharge of the last package of the consignment upon the custom-house wharf, at the rate of P. 8 prr metrical ton per month: Provided also, That in any msr storage may be collected by measurement ton of .w <'nbic fPrt, in the discretion of the collector of customs. l'l"t:llTO PJIJSCt:SA. On nll good-; or parts of consignments which remain in Governnwnl warehouses more than lifteen days after the discharge of tlw last paekage of the consignment upon the custom-house wharf, at the ratl' of 1\ 8 per metrical ton per month: Provided also, That. in any case storngr m11y be calculated by measurement ton of 40 <'nhic f<'et, in the 1lis<'retion of the Mllector of customs. CAI'E )JELVJLL1':. On all goods or parl-; of eonsignmcnb which remain in Government warcho11>ws more than liflC'Cn days after the discharge of the last paekagc of the <·onsignm<'nt upon the custom-house wharf, at llll' rate of P. B per mrtrieal ton per month: Provided also, That in any case stornge may he calculated by measurement ton of 40 <"ubic fe<'t, in the <li,;("n•lion of the collector of customs. llOSG.\O. On all goods or parts of eonsignnwnts which remain in Go\'ern· lll<•nt warehousrs more than fiftr1·n clays after the discharge of the \;1st package of the ('Onsignment upon the custom-house wharf, at llw rnfr· of P. 8 per metrical ton per month: Provided also, That in an~· <·a•w storage mar be <"alculated by measurement ton of 40 (·uhi<' frC't. in the dis<·rction of the collector of customs. PAil. Ill. Philippine> customs offo·ers shall gfre due publicity to tlj(' te!"ll\f; of this circular. II. B. lHcCoY, .lcliny Colfrctor of C11.~lom,q for th<' Phili11pine Island.s. Xo. 2Ui.-P11blishi11r1 .:lei .\"o. 102.'J of the Philippine Commi.~sfon, amc11di119 sec/ion -t of .-let Xo. 780. ).IAsu,A, December 18, 190J. '/'o all Collectors of Customs: l'AUAGllAPII 1. The following Ac·t Xo. 10~5 is hereby publislH'd for the iuformntion and guidance of nil t"oneen1ccl: "[Xo. 1025.] "AN ACT AL\IEXDING ACT ~C).IHERED SEVEX HUKDHED .AXD EWHTY. SO AS TO Al"l'IIORJZE THF. BOARD THEREIN CREATED TO RECOGXI%F. LICEX8ES ISSlrnD BY THE SPAXISII GO\"JmXi\IEXT AND TO GRAN"T LICENSES THEREOX WlTIIOl::'l' WRITTEN EXAML\'A'l'IOX. AND PROVID1XG FOR THE RENEWAL OF LICE:XSES ALREADY GHAXTED. "/ly authority of the l.h1il<'d States, be it enacted by the Philippine Commission, that: "SECTIOS l. Section four of Act Xumbered ·se\·en hundred and 26 OFFICIAL GAZETTE eighty, entitled 'An Act providing for the examinution and licensing of applicants for tlw po~itions of master, mate, patron, and N1ginecr of seagoing ,-esscJ:; in the Philippine coastwise trade. :incl pr<>scribing the number of engi1we1·s to be employed by sm·h vessels,' is hereby amended by inserting at the end of said section the following: "'Provided, That should any applicant for license as nmsh>i', mate, patron, or engineer produce a prnperly authenticated license issued to him by the duly constituted authorities in the Philippine Islamls during the Spanish reginw, or such other evidence of competency as may he satisfactory to the Board, and shall have bee~ engaged in the coastwb1• trndc in the waters of the Philippi1w Islands in the position for \\"hkh he seeks ll license .for at l<',\st two years, such written Pxami!mtion shall not be rpquirt?d, and !it?ense shall be issued thereon; provided he is shown to be phys· ically sound and of good moral charncter and within the require· men ts of section seYen of this act.' "SEC. 2. Upon the <'Xpiration of the li<'cnses authorized to be issued by said Act Numbered Sen~n hundred and <'ighty, the !:iai<l Hoard is further authorized and empowered to rcllf'\\' s11ch license from year to year upon due application being llHHil' as presc•rib~d in !:iaid act, but each renewal shnll be opC'rnth-e for onl}' one :wn. In case of l'Cnewal of license the written cxaminution requirNI h,\· section thl'ee of said act shall not be had, but the applicant for renewal shall only be required to submit to an examination. if deemed necessary by the Board, to tPst his ph~·sienl ,;oundncss. hut the Board is authorized to refuse :my application for renewal upon satisfactory eYidence of misconduct, intemperat<' habits, incapacity, or inattention to duty on the part of the licensee, and nl<>o to reYoke' any such i·enewal licenses. when grant('(I, for the sumc reasons, or any of them. "SEC. 3. The public good requiring the speedy enactment of this hill, the passage of the sam<' is hereby expedited in accordunec with section two of 'An Act prescribing the order of proccdnrl' by the Commission in the cnaetmcnt of laws.' pnssl'd Heptl'mlJl'r twenty-sixth, nineteen hundred. "SEC. 4. This act shall take elTC'ct on ib: pusSl\J!('. "Enacted, December 16, 190:1." PAit. II. Philippine customs offi(•ers shall gfrl' dne publi .. ity to the terms of this circular. H. B. JicCoY, Acting Collector of (}unloms fOI" the l'lfilippinc lslands. No. 268.-Fixing fees to be charged by pilof.<1 at a.fl lHJl"fn of entry, except the port of Manila, mul al ull coast1ri.~c port.~ and coa-~t· u:isc Stlbports in tlic Philippine .-lrcl~ipcla.qo. (01· the calendar year 190-S. To all Collectors of C11stom8: PAitAGitAl'H I. By authority of SP(•lion :m:i of A1·t Xo. :J55 of tlw Philippine Commission, and with tlll' apprond of thP honorahh~ the Secretary of Finance and ,Ju,;tiee, the following fees. lo lw charged by pilots at all ports of 1•ntry, excrpt the port of .Manila. and at all coastwisc pol'ts and 1·oast\\"iSll suhports in the Philip· pine Archipelago, are hereby promulgated, to tnkl' 1•11'c<-1 .. Jnnual'y 3, 1904. PAR. II. The following pilotagc and othel' fees are irnthoriu·d and shall he collect.eel for on account of the Pilot<;' Association at the port of Iloilo, in the mannel' pro\"idcd: FOU VESSELS E:;GAGt;!l I:-;" THE FOKEIG!\ TltADF.. lla1·bor pilotaye, inward mul 01dwanl, from and to Pilot Station, Si11a1Jsapan or Duma11gus Poi11t, Guimaras. Vessels of 30 tons to 50 tous, inclusive .. . Vessels of 50 tons to 75 tons, exclusive .. . Vessels or 75 tons to 100 tons, exclusive .. . Vessels or 100 tons to 250 tons, exclusive ...... . Vessels of 250 tons to 500 tons, exclusive ... .. Vessels of 500 tons to 750 tons, exclusive .. . Vessels of 750 tons to 1,000 tons, exclusive .. . Vessels of 1,000 tons to 1,500 tons, exclusive .. . Vessels ot l,500 tons to 2,000 tons, exclusive .. . Vessels ot 2,000 tons to 3,000 tons, exclusive .. . Vessels or 3,000 tons to 4,000 tons, exclusive ... . Vessels of 4,000 tons to 5,000 tons, exclusive .. . Vessels of 5,000 tons to 6,000 tons, exclusive .. . Vessels of 6,000 tons to 7,000 tons, exclusive .. . Vessels of 7,000 tons to 8,000 tons, u:clusive .. . Vessels or 30 tons to 50 tons, inclusive .. . Vessels of 50 tons to 75 tons, exclusive .. . Vessels of 75 tons to 100 tons, exclusive ... . Vessels ot 100 tons to 250 tons, exclusive ...... . Vessels of 250 tons to 500 tons, exclusive .. . Vessels of 500 tOU6 to 750 tOn6, exclusive .. . Vessels of 750 tons to 1.000 tons, ex.elusive .. Vessels of 1,000 tons to 1,500 tons, exclU6ive .. . Vessels of 1,500 tons to 2,000 tons, exclusive .. . Vessels of 2,000 tons to 3,000 tons, exclusive .. . Vessels ot 3,000 tons to 4,000 tons, exclusive ... Vessels or 4,000 tons to 5,000 tons, exclusive .. . Vessels of 5,000 tons to 6,000 tons, exclusive .. . Vessels o! 6,000 tons to 7,000 tons, exclusive .. . Vessels of 7,000 tons to 8,000 tons, exclusive .. . Philippines currency. 10.00 16.00 18.00 20.00 26.00 30.00 36.00 46.00 56.00 70.00 90.00 120.00 150.00 180.00 220.00 10.00 16.00 18.00 20.00 26.00 30.00 36.00 46.00 56.00 70.00 90.00 120.00 150.00 180.00 220.00 River pilotagc dues, illwarcl aud outward, from ana to harbor, optio11ai pilotaye for rill ves11e/s um/er 100 tm1s, compulsory pilotage for alt vessels of JOO to11s 01· over. INWARD. Sailing vessels of 56 tons to 75 tons, iocluslve .. Steaniers or 30 tons to 75 tons, lnclu»lve .. . Vessels of 76 tons to 100 tons, exclusive .. . Vessels of 100 tons to 150 tons, exclusive .. . Vessels of 150 tons to 250 tons, exclusive ... . Vessels of 250 ton6 to 500 toos, exclusive .. . Pblllpplnes currency. 3.00 5.00 10.00 12.00 14.00 16.00 Vessels of 500 tons to 750 tons, exclusive .. -................................... 18.00 Vessels of 750 tons to 1,000 tons, exclusive... 20.00 Vessels of 1,000 tons to 1,500 tons, exclusive... 24.00 Vessels of 1,500 tons to 2,000 tons, exclusive... 32.00 Vessels or 2,000 tous to 2,500 tons, exclusive.. 40.00 Vessels of 2,500 tons to 3,000 tons, exclusive .. . ............................ 50.00 Vessels of 3,000 tons to 3,500 tons, exclusive.... 66.00 Vessels of 3,500 tons to 4,000 tous, exclusive... 86.00 Salling vessels of 56 tons to 75 tons, Inclusive ... Steamers of 30 tons to 75 tons, inclusive .. . Vessels of 76 tons to 100 tons, exclusive ......... . Vessels of 100 tons to 150 tons, exclusive .... . Vessels of 150 tons to 250 tons, exclusive ... . Vessels of 250 tons to 500 tons, "''"''''°···········----··---------------Vessels or 500 tons to 7f>O tons, "''"''"" .................................... .. Vessels of 750 tons to l,000 tons, exclusive ... Vessels of 1,000 tons to 1,500 tons, exclusive .. . Vessels of 1,500 tons to 2,000 tons, exclusive .. . Vessels of 2,000 tons to 2,500 tons, exclusive .. . Vessels of 2,500 tons to 3.000 ton6, exclusive .. . Vessels of 3,000 tons to 3,500 tons, excluslve ... Vessels or 3,500 tons to il,000 toos, exclusive ... 3.00 5.00 10.00 12.00 14.00 20.00 24.00 32.00 40.00 50.00 66.00 86.00 OFFICIAL GAZETTE 27 Section 6 of Parugraph XINIII of Customs Atlministrath·e Circular No. 122 is hereby amended to read as follows: "PA!t. XLVIH. Whene\·er 11 pilot is kept on board a ves!:iC!I, through quarnnline or other cnw;cs beyond his control, he shall be entitled to rcccfrc pay therefor at the rate of P. 10, Philippines cuneney, per duy of twenty-four hours. All time O\'et' six hours shall be eountcd as one day." PAn. Ill. The following pilotage and other fees ar_e authorized and slrnll be coll<>clcd for and on account of pilot fees at the port of Crbu, in the nrnmu•r provided: 1. Compulsory pilotnge for all vessels from 20 to 100 tons, within the anchorage, per foot drnft, P. 0.20, Philippines cunency. 2. Compulsory pilot.age for all n~sst>ls O\'CI' 100 tons, registered in the Archip<'lngo, from entrnncc to harbor, pel' foot draft, P. 1.20, Philippines cunency. :!. Ve,.,>=l'b of !es>= than 100 tons. taking a pilot from entrance to harbor. per foot draft. P. 1.20, Philippines cmTency. 4. Compulsor.r pilotagc for all vessels not rcgistel'ed. in the Arl'hipt-lngo. Jl<'I" foot 1lraft, P. 2. Philippines currency. 5. Changing anehorngc for all vcssels of over 100 tons, n•gis· tcred in the Arehipelago. per foot draft, P. 0.50, Philippines currency. 6. Changipg anchorage for 1111 \·cssels less than 100 tons regis· lC'l'C'll in the Archipelago, per foot draft, P. 0.20, PhilippinPs currency. 7. Changing and101;age for all vessels not registered in the An·hipelng-o. pe1· foot draft, P. l. Philippines currency. (The term '-'within the anchorage" shall be taken to mean out· side the first Imo:-• north or south, leaving the port; the term "entrance to harbor" to mean fron1 the light-house to the north or south.) 8. All v'essels of less than 100 tons' gross burden being used as ligl1ters in the discharge of loading of vessels in the harbor will be C'Xempt from the payment of foC's for change of anchorage unless pilot is asked for. 9. Whenc\·cr a pilot is kept on board a vessel, through quarantine or other causes beyond his control, he shall be entitled to receive pay therefor at the rate of P. 10, Philippines currency, per day of twenty-four hours. All time over six hours shall he counted as one day. PAR. IV. The following pilotage and other fees are authorized and shall be eollected for and on account of the Pilots' Association a.t the port of Apani, in the manner provided: From 1 to 100 tons, Inclusive From 101 to 250 tons, inclustve .. . From 251 fo 400 tons, inclusive .. . From 401 to 500 tons. indusive .. . From 501 to 650 tons, lncluslvE' .. . From 651 to 800 tons, Inclusive .. . From 801 to 1,000 tons. inrlus!ve .. . From 1,001 to 1.500 tons. inclusive .. . From 1,501 to 2,000 tons, lndusive .. From 2.001 to 2,500 tons, Inclusive .. From 2,501 to 3,000 tons, Inclusive. Over 3,000 tons ... From 1 to 100 tons. lnduslvc ... From 101 to 250 tons. lnduslvc. From 251 to 400 tons. inclusive .. . From 401 to 500 ton~. Inclusive .. . From 501 to 650 tons. induslve .. . From 651 to SOO tons, inclusive .. . Philippines currency. 10.00 20.00 30.00 40.00 50.00 70.00 80.00 90.00 100.00 110.00 120.00 2.00 4.00 8.00 10.00 12.00 14.00 For all vessels, 1 to 500 tons, Inclusive ... For all vessels, 501 to 1,000 tons, Inclusive ... For nil vessels o\·er 1,000 tons ... FOil SAN \"JCF.;>;TE. ALL VESS~:LS. From 1 to 500 tons, inclusive ... From 501 to 750 tons, inclusive ... From 751 to 1,000 tons. Inclusive. From 1,001 to 1.500 tons. Inclusive ... l<,rom 1,501 to 2,000 tons, Inclusive .. Over 2.000 tons ... Phlllpplnei; currency. 100.00 150.00 200.00 30.00 40.00 50.00 60.00 70.00 80.00 . .\II the aho\"e charge:; to be made on the gl'oss tonnage. (a) \rhencn-r a pilot is kept on hmnd a vessel, through quarantine Ol' other causes beyond his control. he shall be entitled to rccei\"e pay ther<>for at the rnte of P. 5, Philippines currency, per da;v of twenty-fom hours. All time over six how·s shall be counted as one day. l'AR. V. The following pilotage fees for the port of Zamboanga and for the Zamboanga collection district are hereby authorized: l. Wlwrc pilot is taken from the port of Zambonnga for another port in the Zamboangn collection district, and retUl'ned to Zamboang-a, for all vessels under 500 tons. P. 6, Philippines cunency, per day; for wssels onr 500 tons, P. 10, Philippines currency, pc>r day. 1. For entrnnces and cle11rances only, for any port, P. 25, Philippi1ws currency. :.I. l'ro1;itfod, That in all cases vessels using pilots shall provide proper and nc>ccssary accommodations and meals for them. 4. \\"hcnever a pilot is kept on board a vessel, thrnugh qua.ran· tine or other causes bryond his control, he shall be entitled to receiYe pay therefor at the mte of P. 5, Philippines currency, per dny of twenty·four hours. All time ol·cr six hours shall be counted as one day. PAn. VI. The following pilotage and other fees ore authorized and shall be l'Ollccted for am.l on account of the Pilots) Association 1lt the port of Tacloban, in the manner pro\•ided: All vessels from 1 to 50 tons, Inclusive ... All vessels from 51 to 100 tons, Inclusive. All vessels from 101 to 200 tons, Inclusive ... All vessels from 201 to 300 tons, inclusive ... All vessels from 301 to 500 tons, Inclusive .. . All vessels from 501 to 700 tons, Inclusive .. . All vessels from 701 to 1,000 tons, inclusive .... All vessels from 1.001 to 1,500 tons, Inclusive ... Over 1,500 tons ... FOR THE IlAYl:I OF SAN PEDRO AND SAN PADLO. All vessels from 1 to 50 tons, Inclusive ... All vessels from 51 to 100 tons, Inclusive ... All vessels from 101 to 200 tons. inclusive All vessels from 201 to 300 tons; inclusive. All vessels from 301 to 500 tons. Inclusive .. . All vessels from 501 to 700 tons, Inclusive .. . All vessels from 701 to 1,000 tons. Inclusive .. . All vessels from 1,001 to 1.500 tons. Inclusive .. . All vessels over 1,500 tons ..... Philippines currency. s.oo 12.00 18.00 26.00 32.00 36.00 45.00 55.00 60.00 5.00 10.00 16.00 22.00 28.00 34.00 40.00 50.00 60.00 The abon fees to be collceted on the gross tonnage, in Philippines cunency. (Cl·) Whenever a pilot is kept on hoard a. vessel, through quar· nntinc or other causc>s beyond his c:ontrol, he shall be entitled to receirn pay therefor a.t the ra.te of P. 5, Philippines currency, per day of twcmty·four hours. Ali time o\·er six hours shall be counted as one day. PAR. VII. The following pi.lotagc and other fees are authorized :rnd shall be collected for and on account of the Pilots' Association From 801 to 1,000 tons, indush·c From l,001 to J,500 ton~. in(·lusl\"C From 1.501 to 2,000 ton~. induslvc From 2.001 to 2.500 tons, inelusll·c lG.00 :il U1e port of Dagupan, in till' manner provi(led: 18.00 Philippines curreney. 1.00 3.00 l.OQ 20.00 All vessels from 10 to 20 tons, gross burden 22.00 ,\ 1l \"Cssels from 20 to 50 tons. gross burden Over 3,000 tons 24.00 All vessels over 50 tons, gross burden. per draft fool. .. 28 OFFICIAL GAZETTE (<1-) The fr<"-'l above prescribed are for local pilot.age from the open bay to and from Dagupan. (b) The pilots at Dagupan shall be umler the immediate super\"ision and clir('ction of the coa5t distriet inspector of customs, Han Fernando de l"nion. (c) Whcnewr a pilot is kept on hoard a- ws,:cl. through quarantine or other CJlUse" beyond his control, he shall be entitled to n•ceive pay thcrrfor at the ra.te of P. 5, Philippines currency, for caeh day of twl'nty-four hours. All time over six hours shall be counted as one day. PAR. VIII. Paragraph LIV of Customs Administrative Circular No. 122 is hereby amended to read as follows: "Par. LIV. Vessels belonging to the United States Government or to the Insular Gon~rnmcnt shall be exempt from the compulsory pilotage provisions of these regulations, but in all cases where a pilot is asked for and taken,· such vessels then shall pay the regular pilotage and other fees preseribed for merchant vessels for similar entrances. elearanees. and moorings." . PAR. IX. Paragraphs XLII, XLIII, XLIV. XLV, XLVI, XLVII. XLIX, L, LI, Lii, Liii, and LIV of Customs _.\dministrative Circular N"o. 122 are hereby reYokcd. PAit. X. Paragraph XXVIII of Customs Administrative Circular Ko. 122 is hereby ~mended to read as follow;;: "PAlt. XXVIII. Claims aga:.inst pilots for damages shall be adjusted by a. Board of Arbitration which shall consist of three members, one member of the Board to he designated by the Pilots' Association, one by the claimant for damages, and lhc third member to be designa led by tiie Collector of Customs. The persons "The Board of Arbitration so appointed shall meet at such time aud place as may be designated by the Collector of Customs, and a C"ompll'tc record of its proceedings, including its findings, duly e1•rtificd. shall be kept in writing and filed in the office of the Collector of Customs." PAn. XI. Parngraph LXXI of Customs Administl"ative Circular ::-.'o.)~2 is hereby a.mended to read as follows: "PA1t. LXXI. All fees and charges provided for by these regu· lations are stated in Philippines eunency, and shall be collected in that cunency or its equivalent." l'Alt. XII. Philippine customs officers shall give due publicity lo the terms of this circular. H.B. McCOY, .·lctin_q Collector of Customs fo1' the Philippine lslamds. Approved: HJ:;!'\llY C. JnE, 8eCl'cta:ry of Finance and Justice. Contents. Public laws: No_. 1031, making deflcfoncy appropriation tor salaries and wages m the Bureau of Customs and Immigration. No. 1032, providing that salaries or provincial and md.nlclpal omcere and certain taxes and fees shall be fixed in Philippine pesos Instead of in Mexican 1·urrcncy. No. 1033, appropriating $120,500 fOr continuing the oonstructton of the Benguet road. No. 1034, providing tor the issue or bonds to the amount of $7,237,000 for the purchase of the "friar lands." No. 1035, amending section 15 or Act No. 702, and section 1 of Act No. 981.l, by extending the time for comP'!.etlng the registration of Chinese In the Phllipplne Islands. Ex:eculh•e orders: so selected shall have a suffiC"ient knowledge of shipping to pass intelligently upon the cla¥n presented; and to fix 'the damages if any shall b,c found to have accrued; a.ml upon written complaint, 1 either by the Pilots' Association or by the <"laimant for damages No. 109. designating {'ertain judges to remain on duty during the vacation period. No. 1 ( 1904). relative to exchange or Spanish-Filipino and Phlllpe for a period or six: months. or his represcntati,·e, that any member appointed to the Board of Arbitration has not such knowledge of shipping, said complaint .;hall he thoroughly invrstigated by the Collector of Customs, and tlw l'ligtbility of tlw Jll'rson complained of shall be subject to the tll'(·ision of the Collector. 0 arlft Decision CireularNo. 346, rice huller, detached parts of . Customs Administrative C\rcularsNo. 266, fixing rates ol storage at entry ports outside ot Manila. No. 267, publishing Act No, 1025, and amending section 4 ol Act No. 780. No. 268, fixing fees to be charged by pilots for the year 1904. Published by authority of the Insular Government under and by virtue of Act No 4531 of the Philippine Commission. VoL. II MANILA, P. I., JANUARY 20, 1904. No. 3 --------=;-==---=-=- _----=-=----==------=---==~-=----PUBLIC LAWS. [NO. 1036.] A!\ ACT l'llOVIIHXG FOll A LOAN OF TWENTY THOL'8AND PE808, PI-llLIPPl~E8 CCRRE~CY, TO THE PROVINCE OF LA LAGCNA. fly authority of the United Htatcs, be it enacted by the Philippine Commission, that: 8EcTION l. Tlwrc is hereby a pprnpriated, out of an:-.· funds in the Insular Treasury not otlwrwisc appropriated, the sum of twl'nty thousand pesos, Philippirw:-; currency, to be loaned to the Prodnc<> of La Laguna, and to be cxpendC!d by the provincial board of that province for the general purposes of the provincial government. 8t:c. 2. The moneys appropriatC'd in the first section of this Act ;;hall he paid to the trpa-;tirer of the Province of La Laguna upon the production hy him to tlll' Treasurer of the Philippine Islands of ;t c(•rtifi('d copy of a n•solution of the provincial hoard of the Pro\"inee of Lit Laj!"Ulla aceC'pting such loan and agn•cing to repay the :<1\1111', without interest, on or before the thirtieth day of June, ninC'tern hundred and four. 8~:c. 3. The public good re11uiring till' speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of ;.An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twcnt:r·sixth, ninete(>n hundred. SE~. 4. This Act shall take <'IT<'ct on its passage. Enacted, January 7, 1904. [No. 1037.] AN ACT AlJTHORIZlNU ::'.IEHCHANT8 AND OTHERS IN THE PHILIPPINE JSLAND8 TO EXPORT FOOD PRODUCTS WHIC'H HAVE PAID DCTY, FOR A LBllTED PERIOD, AND IN LIEU THEREOF TO IMPORT LIKE FOOD PROD· CCTS, FOR A Lll\UT.im PERIOD. WITHOUT PAYMENT OF CUSTOMS DUTY. By authority of the United States, be it enacted by the Philippine Commission, that: RECTION I. Merchants and other pt>rson!:i carrying on business in the Philippint> Islands and havin~ in tlwir possPssion canned goods aJHl food products which have been importl'd into thr Islands and have paid customs duties arc hereby authorized to rxport such nwrehandisc at any time prior to the first dny of March, ninrtC'en hundred and four, and upon such c>Xportation to recei\"e from the Collector of Customs n certificate stating the amount and kind of mcrehandisc so exported und that the person or corporation so <'Xporting- ;;:Jmll be entitled to free rntry of canned goods and food products of a like clrnrnctcr and nmount importrd prior to the first da~· of :\lay, nineteen hundred and four, and such certificate 12856 shall entith• lhc pl'l·son or corporation receil'ing the same to such frc•e rntry prior to tlw Jir!:il da.r of .May, nineteen hundred and four, hut not lhcreaft1•r. The prm·isions of this Act arc limited 1•nlin•ly to camwd gooc\,., and food products. ~E(". :!. It is lwrchy made the duty of the Collrctor of Custvms ior tilt' Philippine hland,; lo frame suitable r<'gnlations for the admini>itration of thi!:i Act. i-:Ec. :l. Th<' public good requiring the speedy enactment of this hill. thl' 1w,;sage of thr ,;amc is hereby C'Xpcdited in accordance with ,;t•ction two of "An Act Jffr,;cJ"ibing the ord<'r of proeedurc by the ('ommis:<ion in the c>nactm<'nt of laws," passed 8eptember twenty· ,;ixth. 11i1l!'tt'l'll hundred. i-:Ec:. 4. This Act shall take effect on its passage. Enacted, ,January 9, l!l04. EXECUTIVB OHDERS. nm nm·ERN::\fENT OF THE PHILIPPJ~E ISLANDS, EXECUTIVF. BUREAU. MANILA, January B, 1904. ExEct:~~:~; 2~RTIER } The prodsions of Executive Order Xumberetl One hundred, .~t·rit•,.; of InO:l, arC' herl'hy modifil'd to the l'Xtent that the secretary of the eommiltee appointed therenmll'I" shall be r<'munerated for 1•1wh full day's se1Tice in connection therewith as certified by the ehairman thereof. and hy Jll"O\·iding that a mc,;sengcr at a monthly compensation of twenty pesos, Philippines currency, be allowed the committee from the date of its organization. LUKE E. WRIGHT, Acting Civil Goveroor. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, EXECUTIVE Bl'REAU. MANI-LA, January 13, 190-~. EXECU~~E :l~RTIEB } Pursuant to the pro\'isions of Aet Numbered One thousand and forty, the omce hours in all Burea.us and OfficC's in the Philippine civil scniC(', inclucling the Insular Government, the city of Manila, and thr provincial go\"Nnmeut;;, arc fixed as follows: They shall not he kss than six and one·half hours of labor each clay, not including time for lunch and exclusive of Sundays and of da~·s dcelnrrd public holidn~'s by law or rxccuti\"c ordrr, except that on Saturdays throughout the y<'nr and during th<' lwafrd trrm from the first of April to the fifteenth of June the ht•ad of any Dl'partment. Btlrl'HU, or Offic(• may reclucc the rrcp1ircd number of hour;; of lahor on <'nch dny to not lc•ss than fin~ hours, but thi8 n·duction shall not apply to the officNs or cmployec.s of any Bu· rC'au or Office to whom an overtimP wage is allowed and paid. 29 30 OFFICIAL GAZETTE When the mi.Lure of the duties to be performed or the interests of the public service require it, the head of any Department, Bureau, or Onlcc ma~· extend the daily hours of labor herein specified for am· or all of th!'! employees under him, and in case of such f'Xtcnsion it shall be without additional compensation unless otherwise pro,·idcd by law. Officers and employees may be required by the head of the llureau or Office to work on Sundays and public holidays also, without additional compensation unless otherwise specifically authorized by law, It shall be the duty of bends of Bureaus or Offices to require of all employees of whatever grnde or class not less than the number of hours of labor required by this order. Wherever practicable each head of a Bureau or Office shall require n daily record of attendance of all the officers and employees under him to be kept on Philippine Civil Service Board Form Numbered Forty-eight, and shall report monthly to the Board on its Form Numbered Three the exact itmount of undertime of each person for each day. The provisions of this order shall not apply to judges and teachers. LUKE E. WRIGHT, Acting Citnl Go,.iemor. DECISIONS OF THE SUPREME COURT. [No. 1236. November 30, 1903.] 7'HE U-X/TED STATES, complaimmt and o,ppellee, vs. PEDRO Md..LVO ET .4L., defendants a.ml appellants. 1. CRIMINAL LAW; BRIGA:\'.DAG!>.-Upon the facts as stated In the dissenting opinion. IIcld, that th;? defendants are guilty of brigandage. Per 1\fcDmrnl.'.mf, J., dissenting: 2. CRUUNA.L LAW; BRIGANDAGE.-To justify a conviction for the crime of brigandage It Is suffklent that the Government sbow by eltber direct or c!rcun1stantial evidence (1) that three or more persons conspired together; (2) that they formed a band of robbers; (3) that such band was formed for the purpose of stealing carabaos or other personal property by means of force and violence: (4) that they went out upon the highway or roamed over the country armed with deadly weapons for this purpose: and (5) that the defendant or defendants engaged In the organization of the band or joined after It was organized. 3. In.; In.-Act No. 518 of the United States Philippine Commission, defining and punishing the offense of brigandage, creates a new crime and does not repeal any of the sections of the Penal Code concerning the crimes of robbery and theft. 4. In.; In.: CONSPIRACY; DEFl:\'.ITION.-A conviction under the brigandage act tor unlawfully conspiring to commit the offenses therein mentioned would not be n bar to a subsequent prosecution for the commlsslon of any specific act of robbery or theft In pursuance of such agreement. 5. In.; ID.; In.; In.-A criminal conspiracy is a combination of two or more persons by some l'Oncerted action to accomplish some criminal or unlawful purpose or to accomplish some purpose not In lt;;1ilf criminal or unlawful, by criminal or unlawful means. 6. In.: D1uoA:>:n,\G•:; CONSPIRACY.-lt Is not necessary that the criminal purpose for which conspiracy ls formed tie accomplished In order for the offense of co11s11iracy to be 1·omplete, and this Is so expressly declared by the statute with respect to the crime of brigandage under A('t No. 518. 7. ID.; CONSPIRACY; Evun:NCE.-lt Is not necessary to introduce direct testimony to prove a consplra(·y. Pr".lof of dis(·onnccted overt acts Is sufflcicnt where the proof also shows tbnt the conspirators were drawn together or acted through a 1·omruon medium and bad a common !nturest in promoting the object of the conspiracy. 8. In.: In.: In.-Proof of tbe commission of a robbery by the joint act of three or more armcd men is not alone sulftclent to warrant a presumption that they had entered Into a conspiracy to commit the crime of brigandage defined by Act No. 518. 9. Ill. ; PnESU~ll'TIO~ OF I ~l'>Oct::\'.C};; EvinENct:.-lf the lnculpatory tacts and ('\f(·umstam·cs :u·e •·apable of two or more explanations, one of whfrh ls consistent with the lnnoC'ence of the accused of tbe crime charged and tile other consistent with his guilt, then the evidence does not fill the test of moral (·ertulnty and ls not sufficient to support a rOJl\'lctlon. 10. Iii.: DEAIH.Y "'1·:.H·o~ Jh:FIN•:n.-A deadly weapon Is not necessarily onc designed to t;lke lite or lnftlct bodily Injury. .APPEAL from a judgment of the Court of l<,irst Instance of 'J'ayabas. The facts are stated fully in the dh;senting opinion, E~nuo )IARTINEZ LLANOS, for appellants. . Solicitor·General ARANETA, for appellee. \VILLARD, J . .' · Juan Bermudez and his wife Francisca fully identified at the trial the defendants as two of the persons who entered their house on the night in question. The defendants say in their brief that both of these witnesses·tcstified at the preliminary im•estigation that they did not know who their assailants were. This statement, so far as the husband is concerned, is not borne out by the record. There is nothing thC'rein to show that he did not, upon the question of identity, testify before the justice in the same way that he did in the Court of First Instance. His wife explains her testimony before the justire by saying that she had neYer before been in a. court and that she was so overn\\,.ed by the judicial presence that she was not fully herself. That the naming of these defendants was not an afterthought suggested subsequently to the examination in the justice court is conclush•ely shown by the testimony of the sergeant of police who went to the house on December 26, two days after the robbery, for the purpose of im·estigating it. He says that the wife, Francisca, there told him that it was committed by the two defendants and others. The samo day the sergeant presented the complaint to the justice of the peace, charging these defendants and one Ricardo with the crime. This was of course prior to any hearing before the justice. The failure of the complaining witnesses to mention on the first examination before the justice the taking of the money is not important. They did testify to the taking of a razor, a bolo, and two pocket knives. The taking of the money did not add anything to the offense, it did not make the crime different or its punishment greater. The evidence in regard to the alibi is not sufficient to overcome the positive testimony of identification by two witnesses who had known the defendants for a long time. The failure of the servant, Leon Sabal, to recognize the defendants is not strange. They remained in the sala, and the two unknown men came into the kitchen, where the servant was, bound him, blindfolded him, and left him there. He had no opportunity at all to sec the defendants. The defense has made a motion in this court for a new trial on the ground of newly discovered evidence. Of the :five affidavits presented four of them relate to alleged attempts of Juan Ilermudez to induce witnesses by bribery and threats to testify against the tlefeiidants. The trial was concluded on February 13, and the judgment pronounced on l?ebruary 14, yet one of these aflidavits states that on February 16 Bermudez summoned him as a witnl'ss and promised him 100 pesos if he would testify against the <ll'fendants. The affidavit of ,Juan Evangelista as to the alibi of the defendant Pedro tends to weaken it rnther than to strengthen it, by reason of the contradiction between his statement and those of the other witnesses for the defendants. Moreover, no reason is given why his testimony could not h1tve been procured for the trial. The showing is not sufficient to justify us in granting a new trial. and the motion is denied. We hold that the crime committed was that of bandoll'rismo und1•r Act No. 518. The e\"idence is sufficient to support the. judgment, and it is :illinned. with the costs of this iustnnce against the appellants. .Al'ellano, C. J., Torres and Johnson, JJ., concur. OFFICIAL GAZETTE 31 ::UcDo:rnccm, ./.,dissenting; with whom concurred COOPER, J.: Tlw information fi)('d by the lbcal against the defendants is as follows: "The 11ndl'r.~ig1wd accuses Pedro )faano, Jacinto Manno, and otlwrs of tlw crime of hrigandag(', committed as follows: "At midnight 011 the 2:M of Decen1ber last, together with other 1wr,.,011s unknowu. the accused, armed with Hemington rifles and war holos, nssaultl'd the house of ,Juan Bermudez, situate in the l1:1nio of l'andacaquc, of the mu'nicipality of Tayabas, taking from tlu• owners of tlw said house, Juan Bermudez and Francisca Abra· cia, whom they beat and intimidated, the sum of 90.86 pesos in 11101w,\" aml $4 in goods. This within the jurisdiction of this Court of First Instance of Ta:yubas, of the Hcventh ,Judicial District of ti)(' Philippiiw Islands and against the provisions of article l of .Act Xo. 518." · t:pon this charge the def<>ndunts above named were placed upon trial. and the prosecution proved that, about 10.:30 o'clock, on the night of Decl'mh1•r 2:1, l!l02, scvcml men called to the occupants of tbr house to open it; that three voices wel'c heard to call, and till' (·all was repeated thrl'e timrs; that the i111ni1tes were afraid and did not appronch the window; that then they heard an order giwn by two pcrson:s to discharge the guns, which was done; that shortly after they heard another voice saying "aim," and then two shots were fired and the bullets went through the walls of the house; that ther ,,;aw the two defendants light a match for thr pm·110s<' of sC'tting fire to the roof near the stairway; and that thrn tlu• \\'ifc of .Jmm Hermudez opened the door to them. Four ffi('!I 1•11tt'l'1'1I. .. the first two and another being these defendants here present, i11·mcd with rifles." After entering Pedro Maano ag;1in lit a match and went toward the altar, where the lamp was, aml lit it; tlwn thrse two defendants asked for money, and the wife ga'i·<' tlH'm tlw mmwy. As soon as :Manno got the $86, Mexican, he said ... Do you know us'!" To which the husband and wife replied, "Xo." All this occurred after they were bound and stretched out on tlw ground. These two defendants struck the husband with the butt end of the gun, and the defendant Pedro }rlaano demanded thl' rf'st of the money, and the repl)' was that there was no more, \\·\wn•upon the two drfendants struck the husband and wife with tlw butt end of the gun. Those who had the guns were Pedro and .Jacinto ~la;mo and one Ricardo. Four men with guns entered the ho11st• and about fin• remained outside, armed with long bolos. In addition to the moll<'Y there was taken othrr property con~isting: of bolos, pPnknivC's, nm! bowir kniYC's. The husband and wift• W<'n~ illtrratrd, tll<' fonnrr taking five days in which to recoH'I' from the l'lfccts. The fon·going is substnntiHll~· all the testimony taken at the trial !waring on the crime committC'd and its character. No other testimony was 1·ec<>ind r<>lating to the charge of conspimcy under s1•ction I of Act !\o. 518. L'.pon this stat1· of fnd!'l thr C'ourt below found the defendants, Pedro :!\laano am\ ,Jacinto Maano, guilty of the crime of brigandng<'. committrd in violation of section 1 of Act No. 518, which rC'ad;., as follows: "f:E<:TION' I. \\'lwnrvC'r three or mote 1wrsons conspiring together shall form a band of robbers for the purpose of stealing carabaos or otln•r pf'rsonal propert~', by means of force und \·iolcncc, and 1'hnll go out upon thC' highway or roam over the country armed with dC'adl~· wrapons for this purpose, they shall be deemed high· way robbt'rs or brigands, and every pnson engaged in the organbmtion of till' bane\. or joinin~ it thereafter, shall, upon conviction tlH'n'oL hr puni'<lH'd b~, death or imprisonment for not less than twf'nt~· ~·l'i11'", in the tlisC'l'f'tion of the court." It will hr notic<>d thi1t in order to convict under this section it is not llt'C't'ssary to proye that the defendants actually stoic earalmos or other pcn;onal propC'rty or committed larceny or robbery; in fnct, sC"ction 2 of the act expn•ssly provides that it shall not be nc•cf's;;ar~· to adduce cvidC'!lCe of robbery or tlu~ft. All the proo" thnt is rrquired in order to establish the offense is (I) that three or more p<'rsons conspired togf'thcr: (2) that they formed a band of robbers; ( :l) that such band was formed for the purpo:se o.f stealing carabnos or other personal property by mean:s of force and violence; ( 4) that they went out upon the highway or roamed over the country armed with deadly weapons for this purpo.'IC; and ( 5) that the defendant or defendants engaged in the organization of the band or joined it after it was organized. And this proof need not be direct; it may be indirect or circumstantial. Nor did the majority of this court hold in the DC'cusin case (I Off. Gaz., 730), as is stated in lhe dissenting opinion, that the above-mentioned elements of the crime "must be pron~d by the evidence of witnesses who were present at the organir.ation of the band and who can testify as to its purposes; and that the proof of the actual commission of the robbery is not sunicient." On tlw contrnry, it is stated in the majol'ity opinion that "the evidence in proof of conspiracy will generally, from the nature of the ease, be circumstantial"; and that, as stated in Greenleaf on E\·idrnce. !J2-!J5, and in Kelly us. People (5;') N. Y., 565), "If it hi' Jll'lff{'(I that the defl'nclants pursued by their acts the same object, aftC'r the same means, one performing one part and another another part, ;;o ns to complete it with n view to the same object, the cund11sion may be inferred that they engaged in a conspiracy to effect the object." Thf' authorities cited to support this doctrine are worthy of considl'l'ation, and as no authority has been adduced to the contrary, we may safely follow them. The question to be determined in this c·ase and which was decided in the Decnsin case, is not whether the defendants arc guilty of robbery or not, for the evidence shows them to be guilty of that crime beyond a reasonable doubt. but it is whether or not the evidence is sufiicient to convict them of the crime of conspiracy under section l of Act 518. It is stated in the dissenting opinion in the Decusin case that Act 518 do<>s not ereatr a new crime. We thiiik it docs. That is not an uct to punish the crime of rnbbery or larceny, for upon proof of the n<:ts of the de?fendants mentioned in the? law, they may be convicted, without proof, on the commission of robbery or larceny; n.ml if the conspirators or brigands go further and not only violate the terms of Act 518, by conspiring for the purposes mentioned, by forming their armed band and by going out upon the highway or roaming over the country, acts which complete the conspiracy and the crime, but, in addition to this, if they commit robbery or larceny, they may be convicted in another trial, on the charge of robbery or larCeny, as the case may be. The offense committed nnJer Act 518 is a felony, highly pennl, and it does not merge in the felony of robbery or larceny com· mittcd by the snmc band; nor does the robbery or larceny merge in the conspirac•y. Hence Act 518 and the provisions of tlw Penal Code relating to robbery and !Hrccny arc not in eonllict, and the former docs not expressly or impliedly repeal or modify the latter, for thry do not l'clate to the same crimes. It has been held that where the dC'fC'ndant was acquitted of hlreeny and subsC'quently indicted for obtaining the·snmc goods under false pretrnces that there wa:-: no 1m•rgcr and that the defendant was lawfullr convicted of the latter <·rinw. ( 1 Bishop's Criminal Law, section I05:l. subdiv.; 34 Texas, G6i.) Bishop also states, in the same section, that aftrr aeqnittnl for larceny thf' d<>fendant may be convict.t>d of obtaining the same cliattels through a Mnspirnc~· with third prrsons. At common law. where a person by the same act c·ommitted two crimes. orn• a frlony and the otlwr a misdcmf'anor, the latter merged in the forrnt>r, but if the crimes were both of the same degree, both felonies or both misdemranors. 'there wn;; no mf'rgcr. (Clnrk's Criminn.I Law, :i;i; I Bishop's Criminal Lnw, sections 78i. 788, 804. etc.) l'ndcr .·\ct !HR. the two offense,;. bri_!!"amlagc and robbery. a11 felonies. cun not be committf'd by the same 1lct, for the act _. 32 OFFICIAL GAZETTE ads ihnt 1·(,mplctc th1· <'rimr of brigandage. precede, and must lll'l·(·.~s:Hil,\· prc>ce1k, thr 1·obbny; or, in other words, the conspiracy is c•omph•te lwforc ihe robbery begins, and they are, therefore, s1'JHll'atc and di.~linci offenses. 1f three or more persons were trh·d and <'onvictC'd un<IN Act ;')18, and subsequently if the same 1n•rsons w..rt• put upon trial for robbery, committed while membrrs of the band. ihl'y could not set up a former conviction in bur ancl pll'ad thrir constitutional right not to be put in jeopardy twice for th.e same offense, bec:rnsc the acts differ, the proofs clifl'('l', nm! tlw erimrs differ. (4 Bl. Com .. :Ja6; Am. 1;8. Roby, 12 Pick .. ~lass .. 4!JU: People r8 . .:\Jajors, 65 Cal.. 1:18.) The n•1·y dt•finition of a. eonspirncy makC's this point clear. "It i,.: a combination of two or nHff<' 1wrsons hy some C'onceJ"ted action to ac·compli,.:h some criminal or unlawful purpose, or to accomplish somC' purpo,..e not in itself (•riminal or nnlawfnl, by c>riminal or unlawful lll<'ans." (Pettibone ·~s. United States, 148 U.S., 19i.) 11. is not l\('CC'ssary. therefore, that the object for which the cri111inal purpose c>lltPrecl into should be aee!?lllJlliShed in order to complete the crime•; and this is c•spt'cinlly true of the crime of 1·onspiracy mentioned in Act 518. for the act itself says that it shall not be nct•C':osnry to p1·0,·c the robbery or theft. It th('l"efo1·e follows that. this act does create a new crime; and that it is not in c·on!lict with the prnvisions of the Penn.I Code relating to robbery or larceny. Tlw proof, in this case, clearly shows robbery, unch·r article 50:! of the Penal Code; and from this proof of rohbC'r}', and this proof alone. must we infc.r or conclude in th<' language of the :id. "beyond n•:isonablc doubt that the accused were members of such an armC'd band." In the Dec:usin <"Use, on a similar state of facts, a majority of the court hel<l that such inference or conclusion was not warrnnt<'d by the evidC'ncc in that case; an<l that it was necessary to prO\·e directly or by circumstantial evidence something more than th<' bare fal"t of robbery committed by three or more armed men, in onler to jnslif~' the conclusion that those men conspired tog-ether and fornH'cl a bane\ of robber,:; for the purpose of stealing personal prnpert,\' and went out on the highway or roamed over the countty arnwd wiL1 clf'atlly weapons for this purpose. A brigarnl is defined in Webster's International Dictionary as a "lnwless follow \\·ho Jives hy plunder; one of a band of robbers, (•s1wcinlly onC' of a gnng living in mountain retreats; a highwayman; a fr(•eboot.cr." ln the same book a robber is defined as "one who frloniously takes gcods or money from the person of another hy ,·iolcnee 01· by putting him in fear." From tlLC'se definitions it may be reasonably concluded th<lt whill' l'\"<'I"." brigand is a robber e\'cry robber is not a brigand, am\ so thb c·ourt held that the proof which was sufficient to eonvi('l the accused of robbery was not suffici<'nt lo con\"ict them of brigandage under Act 518. lt. may he nskC'd how can the crime of c!onspirncy, mentioned in the act in question, be proved other than by showing robbery by an armed band of three or more persons? l\1•1·<' is th(• answC'r of Judge Speer in the ease of the United [-;tnll's ·rs. Lancuskr (44 Fed. Rep .. 896): "What is the natmc of the proof necessary to support n chnl"ge of 1·011spirn('y'! The first cardinal rule of existence is this: After "'·ilil'nec showing the existence of the conspiracy is submitted to the jury the uets of the conspirators may, in all cases, be given in l'\'idcncc against each other, if these acts were done in pursuHllC(' of llw common illegal object. * * "' "It is uot n•quired that the conspirncy or the act of conspiring 1wl'tl he proHcl b,v clil"ect testimony. It is indeed competent to show lhl' eonspirnc·r by ~howing disconnected overt acts where !lit' proof also shows that the conspirators were thrO\vn together, or :wfrcl throuµ:h a common medium, nnd had a common interest in promotiug die objP('t of tll<' conspiracy. ''.\ <·ommon d<'sign is til<' <'Ssence of the charge of conspiracy, :111(\ this is macle to appear when the parties steadily pursue the s;\HJc objeet, when acting separately or together, by common or differC'llt means. all tending to the same unlawful result." .Jrnlge Dyer, in the case of the United States vs. Goldberg (25 Fed .. l:J42), tried in the circuit court of Wisconsin, in discussing this <jll<'Stion, said: "The understanding, combination, or agreel)ll'nt 1Jetw1•en the parties, to effect the unlawful purpose charged, must be prond, because without the corrupt agreement or understanding tlwrc is no conspirnc>y, hut circumstantial evidence may he resortrd lo to show the agreement or conspiracy. "The acts of the parties, the nature of the acts, their declara· tions ancl statements. whether verbal or in writing, and the C'haracter of the transactions, with the accompanying cireum· stanc<'S as th<' evidenc>e may disclose them, should be investigated ancl eonsid('l"Pcl as sources from which evidence may be derived of tht• C'XistenC'C' or nonexistence of the agreement which may be 1•x1iresst•d or impliecl to do the alleged unlawful act. '"l'il<' burden of proof is on the Government to prove what it allinns, hy legnl and competent evidence." The evidence in the case at bar falls far short of- the proof pointed out by Judges Speer and Dyer. It does not show the very essence of the crime eharged, viz, a "common design," the ·'mulC'rstantling, combination, or agreement" on the part of those engaged in the robbery to form an armed bnnd of robbers for the purpose of stealing earabao or other personal property, and that for that purpose they went out on the highway or roamed over tlu· (~ountry. Jn other words, it does not show that they formed a band of bl"ignnds and went out as brigands, which is the crime <'harged; nor ean such essence of the crime be fairly inferred hC':O'Ond a reasonable doubt, from the facts proved. In the case of the United Stiites vs. Newton (52 Fed, Rep., 275) it was laid down as law, in a <'Ilse of conspiracy to defraud the L"nit('(I States, that the evidence must show (1) that the eonspirncy charged existc>d; ( 2) that the overt act charged was eommitted; and (:I) that the defendant was one of the conspirators, In the f'llS<' before us the overt act alleged, the robbery, has lwC'n prowd, nnd the fact that the defendants took part in its ex1•cution, hut we ha\'I~ no direct proof relative to the conspiracy. It is said, howe\"er, that we may infer it from the fa.ct that the acC'usr<l took part in the overt a<'t alleged, which, by the way, is not the O\'<'rt act requit·ed to be shown by Act 518. In order to justify the inference of legal guilt from circum· stnntial evidence the existence of the inculpatory facts must be ahsolnt<•ly incompatible with the innocence of the nccused and i11t·apable of explanation npon any other reasonable hypothesis than that of guilt. (Burrell on Criminal Evidence, sec. 737.) ThC' incnlpatory facts in the C'nse at bar are not incompatible with innocence of the crime of conspiracy, nor incapable of explanation upon any otlwr reasonable hypothesis than that of being guilty of conspirncy; they may be expln.ined on the reasonable hypothesis that the defendants intended to commit the robbery in riue<;tion-an e;1tirPly differ~nt cl"ime. It was said in the case of Pogue vs. Stat.e (12 Tex Ap., 283-294) that if thP inc·nlpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocen<'C' of the accused (of the crime charged, of course), and lh<' otll<'r (•omiistl'nt with his guilt, then the evidence does not fill th<' test of moral certainty, and is insufficient to support the (•onviction. In thr c•ell'l1rntecl Webstn case (5 Cu~h., Mass., 312-313) Chief .Justh·e Shaw in discussing this subject stated: "In c>asc of circumstuntinl e\•idence where no witness can t<'slify dir('(•tly to the fact to be prnved, it is arrived at by n s<'ri1•s of other fncts, whi(•h by cxpl'rience have been found so n,:soc·iiltPd with the fact in question, that in the relation of cause and ('fl'N·t they lead to a satisfactory and certain conclusion; as whc>n footprints are disco\'ered after a recent snow, it is certain Ol!'l!..,ICIAJ, GAZETTE 33 that some animated being has passed over the snow since it fell, and frum the form and number of footprints it can be determined with equal certainty whether they are those of a man, a bird, or a quudruped. "Circumstantial evidence, therefore, is founded on experience and obscrn~d fa<"ts nnd coincidents establishing a connection betwcl'n th(' known and proved facts and the fact sought to be pron•(I. "The nclnrntages are that, as the evidence commonly comes from sl'n·rnl \\"itnesses and different sources, a claim of circumstances is less likt•ly to bC' fabt•ly prepared and annnged, and falsehood and perjury are mon· likely to be detected and fail of their purpose. " " " "It is manif<'st that great care aM caution ought to be used in drawing infl•r<"nces from proved facts. * * * •·The inf1•rence to be drawn from the facts must be a natural onl'. and to a moral certainty, a certain one. It is not sufficient that it is probable only; it must be reasonably and morally C'ertain.•· Thi' r£>asonable and natural inference in this Ma.a.no ease does not lead us to a moral certainty that the defendants were not only guilty of the robbery, hut were also guilty of conspiracy for the pmpo!:ies mentioned in section 1 of Act 518. Otherwise we should ha\'C' to reueh the conclusion in every case where the evidence !ihowrd robbery committed by three or more men armed with dangrron;:; weapons irnd showed nothing further, that the perpetrntors \l'<•1·e brigands as defined by law and that they must be convi<'ted of brigandage instead of robbery. Suppose three servants employed in a hotel ascertain that a gnl'st has ,in his room 11 sum of money and these servants arm them;;l'h'es with bolos or rcvolYers, go to the room, intimidate the guest. <lllcl take forcible possession of his money. On such a state of fatls there eould be no doubt about characterizing this crime as robbery. hut could it be inferred, beyond a reasonable doubt, that they would be guilty also of conspiring together to form an arnwd band of brigands for the purpose of stealing carabao or oth1•r personal property and that they actually went out on the high war or reamed over the country for that purpose? Such an inference would not be "a reasonable or natural one and to a morn) certainty a certain one." Jt would not be even probable; it would be wholly illogical. ~lany examples of this kind might be suggested where it would not follow as a lawful conclusion or deduction from the bare proof of robbrry that the criminal acts mentioned in Act 518 were committed. 8omething more than the fact of robbery must be shown. Thus in the ca::;e of Newel vs . . Jenkins (20 Penn. St. Rep., 159) in an action against a prosecutor, a magistrate and a constable for con· spiring togetlwr to urrest and imprison a person without probable cause, it was held that evidence that each one acted illegally or maliciously would not support the action without proof that the defendants combined and conspired tog<'tller to do such acts. For similar reasons it must he shown here that the defendants conspil'('(} together to do, and did do, the 1lcts made criminal under the net in qu<'stion. 1f we are to jump at conclusions, if we are to draw inferences nnd deductions not warranted by the facts or the law, why could we not ju!;t as well convict the defendants in this case of sedition us of conspirac.y? The facts show that nine men, four armed with rifles and five with bolos, and in a tumultuous manner, took part in this robbery, and despoiled Juan Bermudez and Francisca Abraeia of their property. To despoil is to take by violence or clandestine means the property of another. (Senol vs. Hepburn, 1 Cal., 208.) Section 5 of Act No. 292 of the Philippine Commission pro,·idcs that all persons who rise publicly and tumultuously in order to attain by force. or outside legal methods any of the following objects arC' guilty of sedition; and one of these objects is (subdiv. ;)) ··to dt•spoil, with political or social object, any ch1ss of persons, natural or artificial, a municipality, a province, or the Insular Govnnmcnt." etc. It surely could not be reasonably inferred that because the defendants here took part in despoiling natural pt!rsons, that, therefore, they violatl'd this sedition law. lt may be observed at n glance that to convict under that act it would be necessary not only to prove a violation of the terms of section 5 of the Act, but also the net of dPspoliation under subdivision 5 with a political or social object, and surely this object or purpose could not be rea· sonably or logically infnred from the mere act of despoliation. Por like reasons we can not infer the existence of the crime of conspiracy or brigandage from the nnkrd fact of robbery nnd Without any proof whatewr of the intention of the defendants to orµm1ize am.I go out in violation of Act ~o. 518. We should 'not lose sight of the words of Justice Shaw, "that it is manifc!:it that grl'at cnrc and caution ought to be used in draw· ing inferences from proved facts." We know from the evidence before us that the defendants int('mled to C'ommit robbery; we cnn not safely guess that they also intended to form such a conspirncy as is defined by Act No. 518. It has bcC'n suggf'sll'd that this case may be distinguished from that of Dccusin, because there the accused were armed with bolos, whereas here four were armed with rifles. Jn Act No. 518 the words "arnm:l with d<'!1dly weapon!:i" are used. This court has rl'pcatPdlr pn;;sed upon citses in which the term of imprisonment depended upon whether the accused were armed or not, and it has invariably bcl'n held that when the offenders had bolos at the time of the commission of the offense they were "armed," and this holding seems reasonable aml propPr, because it is a matter of common knowledge in these Islands that a blow or a stab administered with a bolo mny be as dangerous and deadly as a wound made by a rifle ball. A deadly weapon is not exclusively one designed to take life or inflict bodily injury. (Bligc vs. 8tate, 20 Fla., i42; 51 Am. Rep., 628.) It follows that the defendants arc guilty of robbery and not of conspiracy or brigandage under Act No. 518. MAPA, J., dissenting: I do not concur in the opinion of the majority of the court. In my opinion the focts proved constitute the crime of robbery, and not that of brigandage, dl'fined and punished by Act. No. 518 of the Commission. ,Judgment affermed. [No. 1-149. November 30, 1903.J V/CFrNTB (;OJ/HZ (J.HlOH, pfointiff and appellant, 1:s. ,JACIN'.'l'A. HIP0/,/7'0 R'I' .{L.. defc11danf8 and <1ppdlces. 1. PLF.ADING AND PRACTICE; BILL OF EXCF.PTIOXS; NOTICE OF INTF.NTION TO PRosECUTK-Wbere the bill of exceptions, allowed and signed by tbe trial court, Is silent upon the point as to wbetber tbe notice or In· tent!on to prosecute a bill of exrcptious was given within tbe term of court at which the judgment was rendered, It will be presumed that such notice was given in the absence of e,·idence to the eontrary. 2. In.: Io.; PRESEl'TATIOX FOR ALLOWANCf:.-It Is not nece>1sary that the bill of exceptions be presented for allowance during the same term as that at which the judgment was rendered. 3. ID. : In.; In. : Exn:xsroN m· P~:nion.-Tbe period of ten days mentioned In article 143 of the Code of Civil Proeedure for the presentation of a bill of exceptions for al\owan('e i•fter 110tkc of intention to prosecute the same may be extended by order of the court or by consent of the parties. 4. Jo.; Pow~:ns 0}' COURT AFn;R EXl'IRATION OF T1m~1.-Thc theory of the common law of England that the court rou\d' only ad within a term ls not a part of our law, under whid1 anything ('llll be done outside of the terrn unless the statute prohibits It. Ju.; BILI. OF EXCICl'TlON.S: Exn:l'l'lllX TO Jrnc;~IEXT; lXCOIU'OllATIOX OF Evm~:xcE IX DILL O}' Exct:l'TIOXS.-Upon a general eX<'C'ption to the judgment the ex('epting party is entitled to nrgue before the 34 OFFICIAL GAZETTE amicllate C'OUrt the q11estlon as to whether the findings of fa.ct stated by the judge in his decision, with the facts admitted by the pleadings, supJ)Ort the judgment which bas been ordered, and for tbe purpose or such an cx(·eptlon it Is neither necessary nor proper to Incorporate th~ evlde1wc in the bill of exceptions. 6. Ill.; ID. ; 0»JHCTION TO -FINDINGS; WHAT DIJ .. L SHOUf,D CONTAIN.Where the ptirpose of the appeal Is to present the question of whether or not the flndlngi; are supported by the evidence, it must appear from the bill of exceptions In some way that It contains all the evidence prl'sented to tile court below which bears upon the points of fact In dispute. 'i. 11>.; ID.: ID.; O!IJBCTIOS TO BILL.-Although the appellant may have 1·eserved an excepllon entitling him to discuss tbe question ae to whether or not the findings are supported by the evidence, If the bill tendered for allowance does not contain all the evidence, It is not Incumbent upon tbe appel\ee to object upon this ground, and, in the .absence of a statement In the blll Itself that It does contain all tbe evidence, be may. rely upon the pre11umption that the appellaut has waived his right to discus11 the· case upon the tacts. 8. ID. : Io.; APPELLATE PROc•;DUR£; CORRt;cTION OF RF.conn.-Where It Is made to appear to tbe c·ourt during the pendency of an appeal that the record is so incomplete tbat the appellant can not take proper advantage or a timely exception, and It appears that such defect can be remedied by the amendment, the court will order such amendment and allow the necessal"Y time therefor. 9. STATUTOltY CONSTllt:CTIOt;.-ln the Interpretation of a statute, It is proper to consider the physical condltious of the country which must of necessity affect its operation In order to reach an understanding as to the Intent of the legislature. JOHNSON, J., with whom concurred COOPER, J., dissenting: 10. PLEADING AND PRACTICE: BILL OF Exct:PTIONS; JURISDICTIONAL FACTS MUST AP1•1,;AR OF RECOllD: CAN NOT Df: PRESUM~:n.-Article 143 o! tbe Code ot Ci\•11 Proeedure provides the only method allowed by the law for an appeal In an ordinary civil action, and tbe bill of exceptions must show expressly upon its face that every condition Imposed by that article has been performed. Compliance with the statutory provisions ls necessary to give the appellate court jurisdiction, and the exlstetice of the jurisd!ctlo11nl facts must appear affirmatively and can not be presumed. In.; }I>.: NOTICE OF INTE~TION TO PROSECUTt:.-Notlce ot Intention to prosecute a bill of exceptions must be given within the term at which \he judgment was rendered. 12. In.: ID.; TIME }'OR PERFECTING AN APPEAL.-The period fixed by article 143 of the Code ot Civil Procedure for taking and per!eetlng an appeal ls mandatory and jurisdictional aud can not be extended by order of the trial court or by consent o! the partl'1'S; but the appellate court mny, upon n proper showing, grant such extension. 13. ID.: MoTIO~ FOR ,, N~:w TRIAL: TIME WITHIN WHICH 1·.r MUST DE D~:cm1m.-A motion ror a new trial should be made and decided during the term of court In which the judgment becomes final. 14. In.; In.: MOTION TO AMt:Nn.-A motion to amend a bill of exceptions by the tncorporotlon therein of new matter should be addressed to tbe trial court. The power conferred upon the appellate court by artide 500 of the Code of Civil Procedure is limited to causing the transcript on appeal to correspond to the original blll as allowed by the trial court. 15. In.: In.; CORllECTION OF R~:co1m.-The power vested In the appellate court by article 501 of the Code o! Clvll Procedure to correct a defective record Is \lmited to the action necessary to malle the record upon which the case is being tried in the appellate court correspond to the bl!\ of exeeptions as apnroved and signed by the judge of First Instance. ST,\TUTORY CoNSTllUCTIO~.-The courts can not disregard the plain provisions of a mandatory statute upon grounds of expediency or hardship resulting from its enforcement. which properly addres>1 themselves to the leglslo.ture alone, as a reason for the amendment or repeal of the statute. 17. Jn.-Tbe enadment by the legislature of a law extending, In certain well dellued cases, the time witbln whkh an appeal may be taken and pe1·fe,·tcd is evidence or the legislative Intent to \'est no discretionary nower in the courts to extend such periods under lhe general law. APPEAL from a judgment of the Court of First Instance of Manila. motion to dismi:-;s the bill of exceptions. The facts are sbttPd in the opinion of the court.. .MANVl::L ToimES, for nppcllant. Jos1::P11 N. \\'ou·soN", for appellees. \\.'JLLAIUJ, ,/.: This is u motion lo dismiss the bill of exceptions. ,Judgment was rendere~l for ll1e <lc.fcn<lants on May 1, 1903. The plaintiffs were notified thereof on .May 2L On May 23 they excepted 1.o the judgment and 1n·e>1ented a motion for fL new trial. This motion wai; denied on July 23. On July 28 the plaintiffs presented their proposed bill of exceptions which on August 5 was allowed and signed by the court. The term of the court at which the case was tried expired on May 30. L The first ground of the motion is that the bill of exceptions was nllowt><l after the time therefor had expired. Artide 143 of the Code of Civil Procedure prnvi<les that the defeated party shall notify the judge before the ending of the term that he "desires to prosecute a bill of exceptions." lt is alleged by the appellecs that such notice was not given in this case. No c\•idence was presented, howe\·er, at the hearing to prove this allegation. In th~ absence of such evidence we can not presume that it was not done. The presumption would rnther be to the contrary. And in this case it is !>trengthene<l by the fact that when the appellees we1:e notified of the presentation of the bill of exceptions on July 28 they made no objection to it on this ground, and by the further fact that the court allowed it on August 5 without suggesting that such allowance was improper fol" the reason stated. Within ten <lays after the notification above mentioned said section 14;J requires the appellant to present to the judge his proposed bill of exceptions. There is nothing in the section whieh requires that this should be done during the term at which the case was tried. If the tC'n days should expire after the expiration of the term the appellant would nevertheless have the undoubted right to present. his proposed bill on the tenth dny. It appears, however, that in this case the bill of exceptions was not presented for more than six weeks after the term ended and therefore long after the expiration of ten <lays from the notification, assuming that such notice was gi\'en during the term. It is said that this term of ten days is not nn extendible one, and that a bill of ext'Cptions must in nll cases he prei;cntcd within tlrnt period. It appears thitt while th(' motion for a nt>w trial was made on May 2:1, it was not decided until July 21, and the appellant claims that, as he must. necessarily insert in his 'bill of exceptions his exception to the order denying the motion for a new tria.l, the ten days did not commence to nm until imch order was made. There is force in this suggestion, but we do not find it necessary to deeide the question. The part of the section in quest.ion is as follows: "The party desiring to prosecute the bill of exceptions shall so inform tlu~ court at the time of the rendition of final judgment, or as soon thereafter as may be practicable and before the ending of the term of the conrt ut which final judgment is rendered, and the judge shall entel" a memorandum to that effect upon his minutes nm! order a like memorandum to be made by the clerk upon the docket of the court. among the other.entries relating .to the action. Within ten days after the entry of the memorandum aforesnid, the t>XCt>pting party shn,11 cause to be presented to the judge a brirf statcnl('nt of the facts of the case sullicient to show the bearing of the rulings, orders, or jmlgments excepted to, and a specific statement of ead1 ruling. order, or judgment that has been excepted to, for allowance by the judge. The judge: shall thereupon, aftt'l· reasonable notice to both parties and within five days from the presentation of the bill of exceptions to him, 1·estate the facts if need be • • *." The question is one of construction. Did the Commission intend to sny that the partit>s might consent to or the judge order un extt>nsion of this period of ten days, or did they intend to have it r('ad as if there had l)('('fl inserted after the \\·onls "allownnee by the judge" t.he following ('lausc: "And the judge shall lul\'e no pown for nny c:Hl><l' whatc\'cl' to (•xtcnd this prriod of ten days, and any ngrt>PUlt>lli of the pnrti<'s to that effect. shall hr ,·oid." It will be noticl"rl thilt this period of ten days, as well as the subsequent prl"iod of fiH days. hnve to do with what may be C'nlled the mechanical part of the appeal, the preparation of the papers OFFICIAL GAZETTE 35 for transmission to the Supr(•mc Court. The l'ights of the parties as to the r<'moval it.~rlf han aln•fHI,\' been fixccl by the notice of the intention to prepare a bill of <'XCPptions. which notice must be entered of record in the c!Nk's ollic·c. If thl" p<'riod for th'e pcrformanc-c.> of that ad, l'orrcsponds to the> time for appeal or for ·suing out a writ ot C'rror found in most other laws of American origin, it of course can not be> cxh·mll'll by order of court or consent of pn..rtil'fl. llut that period is entir<'ly clistinc"t from this period of ten days allowed for preparing the papers afll•r the rig-ht to remove the case has hl'cn src·un•<l. lt can not, therefore, be said that an extension of this time is 1111 extension of the time to appeal. When we take into consideration the condition of things in the A1:chipclago at the time this law was adopted, it seems impossible to be>lieve that the Commission. intN1ded to deprive the comt and the partirs of the power to extend this term. They must have known that in m1my cases it would be a physical impossibility to comply with it. Jn a case tried in Zamb;\les it might easily happen that the judge would close his term of court and depart for the Province of Cnion or Bcnguct during the ;running of the ten days, where it would be impossible for the appellant to reach him within that period. In fact, in view of the lack of means of easy and frequent communication between different parts of the Islands, a departure of n judge from one province to another, almost anywhere in the Archipelago except upon the line of railrond between Manila and Dagupan, would make it impossible for the appellant to reach him within ten days. In addition to this, even in Manila., it would probably happen in a majority of cases that the stenographer would not be able to furnish the appellant a transcript of his notes within ten days, or that the appellant would be unable to prepare the bill within that time. And, besides all this, there is no apparent reason why the partiP:s should not have a right to agree that these papers might be pr<'scnted in twenty da~'s instead of ten. No one is interested l'X<'f'pt thl'mseh·es, and no question of public policy is involved. \Ye hold. thercfort>, that this period of ten days is not nonextendible aud that it can be extended by the order of the court or the consent of the parties. Jn this case the judge did not by an order made before the expi· ration of the ten days cxtend the time. But statutes frequently confer upon courts the powPr to permit certain acts to be done iifter the timr prescribed therefor has expired. There is the same reason for holding in this case that such power has been conferred ns for holding that the statute gives the court power to enlarge the time. There would in many case's exist the same physical impos· sibility of seeming such an order from the judge as in presenting to him the bill of exceptions. 'l'hc judge, by signing the bill of exceptions, on August 5, conscntl'd that the time should be extended. It moreover wns stated in the written document presentcd by the appellnnt at tllf' hearing, and not denied by the appellee, that the proposf'd bill of exceptions was sen-ed upon the appellee on July 28 and that he made no objection to its being allowed. This was a waiver by him of the objection that it had been presented too late. Authorities holding that ordt>rs of this kind must be made within the term have no bearing on this case, beeausc ( l). as we have seen, this act of presenting the hill of exceptions necd not be done within th<' t<'rlll, and (2) the theory of the common law of Engbud. that the court could on!~· act within a term, has been entirely abolished by the provisions of st>etion 53 of Act No. 136, which providcs that "Courts of First Instance shall be always open, legal holida:\'s and nonjudicial days excepted." At the common law, nothing can hP don<' outside of tht> l<'rm unlrss the statutt> authorizes it. Under our law anything can he done outside of the tcrm nnlN;s the statute prohibits it. 2. Thc nppellees asked, also, that the bill of exceptions be dismissed. because it did. not contnin nil the evidence recch-ed nt the trial. This allegation they proved by a certificate from the clerk of thc court below. It appears, howe\•er, that the plaintilTs 1•xcPpt<'d to thl' judgment. This, under the repeated rulings of this court 1•nahlPtl tht>m to argue here the question as to whether the findin:rs of fact stated by the judge in his decision, with the facts admitted hy the pleadings, support the judgment which has been orderccl. For the purposes of such exception it is neither neces,.;ar.r nor propcr to incorporate the evidence into the bill of exceptions. Th<'rc being enough in the record to present this question, tlw nppC'al can not be dismissed on this ground. It appears, howe\·er, that the question which the appellants chiefly desire to prcst•nt is wlwtlwr or not the findings of fact are supported by the evidence. As said hr counsel for appellees in his argument here, this court can not determine this question unless it has before it what the court below had before it when the decision was rendered. It must upp1•ur from the' bill of excC>ptions in some way that. it contains all the evidence bearing upon the point in dispute. The appellants say that when they prepared the bill of exceptions they included tlwrein nil the evidence then in the record, 11.nd, by a certificate of the clerk of the court below, they proved that the testimony of the witn<'"sses claimed by the appellees to be wanting was delivert>d to said clerk on the 25th day of September by one of the lawyers for the appellees. \Ye can not ag-ree with counsel for the appellant in his claim that it was the duty of the appellees to have objected on this ground to thC' I.Jill of exceptions before it was signed. Such would have bl>en their duty hnd there been in the proposed bill a statement that it contained all the evidence. In the absence of sueh a statenwnt they were not bound to presume that the appellants pro· posed to pursue both their exception to the judgment nnd also their exception to the order denying their motion for a new trial. At the argument of this motion the u.ppellant's lawyer did state that such was his intention. To enable this to be done it will be necessary to correct the reccird. Our power to do this is ample. Section 500 of the Code of Civil Procedure prO\•ides: "But no such dismissal shall be made for purely formal defects not affecting the rights of the parties, nor for any defect which can be removed, and the 8upreme Court shall give such reasonable time as may be necessary to remove such defect, if it can be removed. * * * Kor shall such dismissal be granted where, by an amendment to the bill of exceptions, which is hereby declared to be lawful and :tllowable, any imperfections or omissions of necessary and proper allrgations could be corrected from the record in the case." 8ection 50 I is as follows: "Incomplete n~cord, how correctcd.-If at any time when a case is called for trial. or during the trial, or afterwards, while the 8upreme Court may have the same under consideration, it is discovered that the record is so incomplete that justice requires the case to be postponed until the record can be made complete, the court shnll postpone the further consideration of the same nnd make such order as may be proper and necessary to complete the record, in the interests of justice. But the court may dismiss a. hill of exceptions for failure of the excepting party within a reasonable time to comply with the orders made for the perfection of the bill of exceptions." Under thcse section:; tlu:., appellants have the right to complete the record by having incorporated into the bill of exceptions that part of the cvidence which has been omitted. The motion of the appclleC's to dismiss the \iill of cxcrptions is th•niC'd. The appellants are herC"by allowed thirt~, days from the dat<' of this ordf'I" in whieh to file in this court a certific>d copy of all the C'ddl'llC<' rrceived nt the trial of said cause which is not alrcady rmhodi<'d in tlw hill of cxccptions, with a ct>rtificnte from the judl!c of th<' court below thnt snid ndditionul eYidcncc, tog-<'ther with thc c\"id1•ne1• all"cady <'ontnined in the bill of <'Xceptions, is all the l'Yidcnee rec1•ived at the trial of said cause. Upon the rect>ipt of said copies, tlw clcrk shall cause them to be printed at the 36 OFFICIAL GAZETTE C>xpunsc of Uw 11pp1~1lants, distributed to the panties, and attached to the printed n•eorcl. The time for the presentation of the appellnnt's bri1•f ~hall commf'ncc to run from the term of such distrilmtion. An·llano. C. J., M1qm, and McDonough, ,J,J., concur. ,Jonx:-;ox, J., with whom <!oncnrs Cool'Klt, J., dissenting: Jn this ca>1c judgment \\'Ill! rt"ndPred on the 1st day of May, 1903. Tim app<'llnnt was given notice of the judgment on the 2bt day of lfoy. On the 2:M day of May the appellant moved for n 1ww trial. 'rhe trrm of the court expired on the 5th day of .Junr. The judge dcnird the motion for a new trial on the 23d day of ,July. On the 28th day. of July the a.ppc11ant presented hil'I bill of rxc·rptim1i;, On tlw 5th 1l11y of, August the judge signed said bill of rxc-e>ptions. On th<" :mt.h day of September, 1903, the appellee made a motion in this court asking that the said bill of exceptions be dismissed, among others, fo~ the following reasons, to wit: I. That the upp('llant had not informed the court before the l'nding of the term at wl1ieh final judgment was rendered "of his desil'<• to prosecut<" a bill of exceptions." 2. That tlw bill of excrptions was presented to and allowed by the tl'i11l judge aft.er the lime fixed by the statute had elapsed. Srction 14:1 of the new Civil Code of Procedure provides how a bill of exceptions may be perfected. It provides. the only mc-tlwd of perfecting an appeal in ordinary civil actions. Its prm·isions are as follows: (I) "The party drsiring to prosecute a bill of exceptions shall so infonn the eourt at the time of the rendition of final judgment, or ns soon thel'eaft<"r as may be praeticable and before the ending of Ou• krm of cottrt at 11:hich final ;udgmcnt is rendered. (2) The judge shall Niter a memorandum to that effect upon his minutes nntl ordrr a like nw111or11.ndum to be made upon the docket of the eourt among the othrr entril's relating to the action. (3) Within t1•11 days nfter the entry of the memorandum aforesaid the ex; 1·eptin~ party slmll 1·irn11r to be presented to the judge a brief i.;tntenwnt of the fncts of the cm1e sufficient to show the bearing of the rulings. ordr1·s of judgment excepted to, and a speciflc statement of eaeh ruling. order, 01· judgment that has been excepted to, for iillowancr b~· the judgr. f 4) The judge shall thereupon, nftl'l· rra!'lonable notice to both parties and withffi. five days from the prr1>rntation of the bill of exceptions to him, restate the facts H ni>Pd be and the exceptions, so that the questions of law therein inYolved und their rclewncy shall all be made clear, and when the bill of exceptions has been perfected and allowed by the judge he shull el'rtify that. it has bet>n so allowed and the bill of exceptions shall be filed with the other pa.pcrs in the action and the same 11hall thrreupon be ti·ansferred to the Supreme Court for determination of the questions of law involved." The prr('(>ding four conditions constitute the method of perfecting an appeal from the judgment of the Court of First Instance to tht' Snpl'cme Co.urt in ordinary civil actions. Each of these stt>ps m· 111·ovisions must be eomplieJ with in order to perfect tht• a)IJ)C'lll. The hill of exceptions when completed must show on its foc·1• that thh1 11tat11te has been complied with. No presumption ean impol'l n f11ct not tlwrt>in made expressly to appear. Tlwn• is no st.atrmrnt or suggestion in the bill of exceptions pn~"'rntrd in the alm\'e e1111se tlwt the appellant at any time gave llw co11rf 1ioticr. of liiR df'Jiirc lo 1"·osccutc a bill of exceptions. It is argn<'d that no <•Yitlt'nee was presented at the hearing to proY<" this ullrgntion and th;\t in the absence of such proof we <•nn not presume that it was not done. It is not tl1e duty of this t'ourt to prermme either that it was or was not done. The reeord must nn..iwer the question. The record fuils to show that this noti1•r wns given. Xothing can be presumed which the record does not show. This fnilurr on the part of the appellant to give this noticr, unless he brings himself under some extraordinary circumi<tanCl'. i.11 fclfrrl. No attempt is made here to explain or justify this failure. Section 143 of the new Civil Code provides the method by which the Sup1·rmc Court obtains jurisdiction of ordinary civil causes. Xo other method is provided for by the code. The 8uprmnc Court 1u·quirrs no jurisdfotion unless these pro\•isions are complit'd with. They are jurisdictional requirements and tlwrrfore must appl'11r of reeord. None of them can be presumed. 'l'hc statute ii'> mandatory in its terms, and the Supreme Court ought not to t1tke jurisdiction of a cause unless there has been a complianl'e therewith. Its provisions are plain and easily l·omplied with. The rule is well settled both under the decisions of the courts of the L"nitt'd States 11.nd of Spain, that when the time within which 11. notke of an appeal or an appeal shall be perfected is fixed by statute, it can not be extended by the court, and the appc11ate ('()Urt obtains no jurisdiction of the cause if these con· ditions a1·e complied with beyond the statutory period. The time within which an appeal must be ta.ken is fixed by section 143 of the nrw Civil Code of Procedure, and the appeal must be taken within the time so designated. The Com·ts of First Instance have no authority to enlarge the time, nor can the parties extend it by agrt'rnwnt. If the appellant has failed to perfect his appeal within thP time fixed by law it is necessary for him to file a tr1rnsc1·ipt in tht' appellate court with a verified petition showing the facts upon which he relies as excusing his failure to perfect hi:-i appeal within the statutory period. Upon proper notice to the ack<"rse party the supe1·ior court may, under its general cquitahfo powers, grant such relief as it may deem wise and proper under 1111 the circumstances. The practice in such cases varies in different jurisdictions. These 1:1tatutes limiting the time to appeal from the decisions of courts below are mandatory and jurisdietional. (Dooling vs. :Moore, 20 Cal., 141.) Unless an appeal (or notice of an appeal) is t11ken within the statutory period the court has no jurisdiction and the nppeal is void for all purposes and will be dismissed on motion of appellee. The courts can not waive nor extend these statutory provisions except where the statute so expressly author· izes. (Gardner vs. Ingra.ham, 82 Ala., 339; Caillot vs. Deetken, 113 U. 8 .. 213; Fitzgerald vs. Brandt, 36 Neb., 683.) If the time to perfect an appeal, as flxed by the law, is found, under the conditions existing in this Archipelago, to be too short, then it is the duty of the legislature to amend the law. The eourts have no 11uthority to amend the laws. The only reason why the parties <·an not extend time is because the law fhces the time within which the appeal must be perfected. An extension of the time without authority would be \•oid and the appeal would be without rffcct. (Smith vs, Smith, 48 Mo. App., 618.) This was the rule under the Spanish Code of Civil Procedure. Article 365 of that Code prO\·ided that the appeal must be taken in five days. The <·mirts have repeatedly held under that article that this provision w1\s mandatory or improrogable. Don Jose Maria Manresa in his commentaries on the Code of Civil Procedure (vol. 2, pp. 164172) says: "The terms of this article are improrogable and the time runs from the day following the notification." Inasmuch as section 143 of the new Civil Code provides the only method of perfecting an appeal in ordinary civil actions in the Philippines, the decisions of the courts in the United States on that question a.re germane. In the case of MUiier vs. Ehlers (91 U. 8., 249), Waite, Chief .Justice, said: "It docs not appear that the bill of exceptions 'vas Hied, tendrred for signature, or even prepared, before the adjournment of the court for the term at which the judgment was rendered. No notice 1008 given to the pl4intiff of any intention on the part of the defendant to aak for the bill of ea:ceptiona either during the term or after. Upon the adjournment of the term the parties were out of court and the litigation there was at an end. The order of the (trial) court, therefore, made at the next term, directOFFICIAL GAZETTE 37 ing that the bill of exceptions be filed in the cause as of April 28, 1873 (the date of the judgment), was a nullity. For this reason the bill of exceptions, though returned here, can not be considered :is a part of the record." l<~uller, Chief ,Jm;tice, in the cause of Hume vs. Bowie ( 148 U. S., 246), said, in discussing this same question: "The rule is unquestionably concctly laid down in Miiller vs. Ehlers." Chit•f .Ju~tice Fuller, in the cnuse of the L:nited States vs. Jones (14!1 L". S., 2G:J), again said: '',Judgment was rcmdered in this cauf<e .July 18, the writ of error sued out and allowed July 23, and the court adjourned for the term July 30. So far as is disclosed by the record, the bill of e>xceptions was not tendered to the judge or signed by him until October 7 ," and no order was entered extending the time for its presentation. The bill of exceptions was, therefore, improvidently allowed; citing again Millier vs. Ehlers. (NOTE.-The rules of the court in this case permitted the court to extend the time within which an appeal might be perfected.) Chief Justice Fuller again, in the cause of Morse vs. Anderson ( 150 U. S., p. 156), said: "The judgment is affirmed for want of a bill of exceptibns seasonably allowed, upon the authority of I\fiiller vs. Ehlers, Hume vs. Bowie, and other cases cited." Mr. Justice Shiras, in the case of Ward vs. Cochran ( 150 U. S., 597), said: In the case of Miiller vs. Ehlers this court held that becau»e the bill of exceptions had not been signed at or during the term at which the judgment was rendered it could not be considered. The power to reduce exceptions taken at the trial to form and to have them signed and filed was, under ordinary circumstances, confined to a time not later than the term at which judgment was rendered. This, we think, "is the hue rule, and one to which theie should be no exceptious, without an express order of the court during the term, or consent of the parties, save under very extraordinary circumstances. In the P'·esent case we find no order of the court, no consent of the parties and no such circumstances as will justify a depart1lre from this rule." (See, also, Eagle vs. Draper, 14 Blatchford, :l34, federal case No. 4234; Waldron vs. Waldron, 156 U. S., 590.) This is also the case in Tennessee. In the case of Stagg vs. State, Reed, Justice, said in substance: "The supreme court can not notice as a part of the record a bill of exceptions taken and scaled by the court at a term subsequent to that at which the cause was tried, even if it be a special term, for the law authorizing special terms constitutes them distinct terms." To the same effect are the following Tennessee cases: Davis vs. Jones (3 Head, 603), Hill vs. Bowers (4 Heiskell, 272), Steel vs. Davis (5 Heiskell, 75), Gnrn•tt vs. Rogers (l Heiskell, 321). In Sims 1JS. State (4 Lea, 357), Cooper, Justice, said: "Tlw se>ttled rule in this State is that the bill of exceptions must be reduced to writing and signed during the term, nor can it be signed afterwards, although the signature \\·as omitted by an inadvertence on the part of the judge." In Vermont the statutf' (sec. I62G, compiled laws of 1894) provides that "exceptions to the opinion of the court shall be signed by the presiding judgr nnd filed with the clerk within thirty days after the rising of the court." In commenting upon this statutory provision, Redfield, Chief .Justice, said: "If exceptions taken in thP county court are not filed in the clerk's office within thirty days from the rising of the court, as required by the fltatute, they can not be entertained or considered in the flnpreme court. If they arc not actually filed within the thirty days, and if there is no fraud, misconduct, or agreement of the oppositl' party respecting them, tht>y can not be thereafter filed ntmc pro tune, as of the date within thirty days." (Nixon vs. Phelps, 29 Vt., 196; Higbee 1M. Sutton, 14 Vt., 555.) The code of Mississippi (edition of Thompson, Dillard & Campbt>ll. 1892, sec. 735) provides that: "Bills of exception to any ruling of the court must be tendered and signed during the trial or dur· ing tht.> term of the court." Campbell, .Justice, in the case of Allen 12856---2 rli. Levy \;j!J ~lis~ .. til:~), said: .. Hec:tion 735 requires that such hills of exception must be 1mtde out and presented to the judge Uuring tlw term or within ten days after adjournment, and the court has no powN of its own motion to grant a longer time." In }.Jas,.;achm;etts there is <l similar statute, and the rule there is th;it it must be strictly complied with. In the case of Doeherty 1·8. l.inco!n ! 1I4 :\lass., a62 J, Gm~·. Chi.cf Justice (later 1t member of tlw Supn·mc Comt of the L·nitcd States), said: "The pro,·isions of this statute requiring the <'Xceptions to be filed with the clerk a.~ well as presented to the coul't within the time prescribed nre intl'nd1•d for the benefit of the adrerse party; and he is en.Ii/led to insi.~I upon due proof of <L strict compliance with thU1111 unless he has clone something to waive it. In the present case tllt're is no l'\·idencc of such waiver, and the bill of exceptions does not appear b:">' the docket or files of the court below to have been filed with tht• clerk or presrnted to the judge within the time prescribed. It must, therefore, be dismi:;;sed." (See, also, Peace vs. \Yhitne:-.', 4 :;.\lass.~. :"i07; Conway vs. Callahan, 121 Mass., 165.) In e~difornia there is a similar statute, with the same decisions by the courts. Section l3ti;j of the statutes of Texas prm,ides that: "It shall be the dut:-.' of th(' party taking any bill of exceptions to reduce the samf' to writing and present the same to the judge for hif> allowance and siwiature during the term nnd within ten days after the conclusion of the trial." The courts of that State have repeatedly held that the terms of this statute must be strictly complied with. (Farrar vs. llatcs, 55 Tex., l!l3; Blum vs. Schram, 58 Tex., 524; Tex., etc., Ry. Co. vs. McAllister, 59 Tex., 349.) Tlw rnlf' laid down iu tht• ahm·r cases of ~fiillcr vs. Ehlers, Michigan Bank vs. Eldred, and Hume 1;s. Bowie is quoted and approved in tlw ciise of Xew York, etc., Co. vs. Hyde ( 56 Federal Reporter, 198). See. also, Reliable Incubator Company vs. Stahl (102 Fedt~rnl Reporter, '590.) Thi,.; rnll' pre\·ails also in l\Iinnesota. Gilfillan, Chief Justice, in the case of Burns vs. Phinney (53 l\Iinn., 431), said: "After the tinw to appeal had expired. there is no authority in the district ('ourt nor in this court to gi\'c a party a right to appeal after the right given him by the statute has elapsed by his failure to exerc'if;e it." The same rule is enforcNl in Kentucky. See Johnson vs. Stevers (!15 Ky., 128). The same rule prevails in Ohio, Illinois, Imva, Colornclo, and Indiana. (Hicks vs. Per.son, 19 Ohio, 426; Kinsey vs. Satterthwaite, 88 Indiana, 344; Wabash, etc., Ry. Co. vs. People, 106 Ill., 152; 43 Pacific Rep. (Colo.), 903.) The bill of exceptions under this section constitutes the pleadings or statement of facts through which the issue is presented in the Supreme Court. The Supr('me Court must rely upon the bill of exceptions for the statement of facts upon which to base its decision. The pleadings must show on their face that the court has jurisdiction. It is urged that nppellees w11ivcd their right to object to this bill of exceptions on the grounds urged here, because they did not make them when they were notified of the presentation of the bill of cxc('ptions on .July 28. The:"<· had a right to assume for all purposes at that tinw that the bill of l'XCrptions 'vns presented within tlw requirrment;.; of the law. Their mistake in that respect, hO\vc.,;er, did not niter thf' fact that during the term at which judgment was rendrrrd no notice was given to the judge or to the opposite parties by the appellants of their desire "to present a bill of exceptions" or to prosecutt'! an appeal. The failure of the nppellf'es to int<'rposr an ohjection on that ground at that time did not placP. the appellant in n worse position. There is nothing here which shows or U:>mls to show. \"'\'en remotely, on the part of the appl'lll'e. a purpose to waive his objection to the bill of exceptions. Thr low<'r courts lmYf' no authority hy stntutt> or otherwise to wnh·I' tl11' prO\•isions of ~ction l4:l of the nrw Civil Code. Neither has this court the right to wai\'c the pro,·isions of the Sn.id section. 38 O_F_FICIAL GAZETTE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This rourt may, however, under very extraordinary circumstances, grant n·lil'f. Tiie':<<> extraordinary circumstances must be made 1•xpn's"'l.\· to ap1war to the s:ttisfaction of this court. These extraonliuarv cin:umstanccs must iill be conditions over which the ap1wllant 0has no control, and r\·cn then he must have done all within his powN to ('omply with tlw provisions of the law before the court will grant him l'dief. \\"h('l\ thC' i<'gislaturl' proYidcs by n plain statute that a particular thing shall be done in a particular way, it hardly seems nccessnr.\· to ask the question wlwthcr or not they did not intend to say also that it might be done or might not be done in some other way, if som(' othrr way happrncd to suit the whim or convenience of sonw person or class of persons. It is hardly necessary in a statute so plain as section 143 of the new Code of Civil Procedure to read into it a provision which docs nQt there exist. Judge Elliott in his work on Appellate Procedure states "that the bill of exceptions must be filed within the time limited; the time can not be extcmdcd (sections 128, 295, and 800). If a party may omit one step or delay one step until after the expiration of the time, he may omit or delay another and another. To establish a rule which would tolerate such a practice would destroy all certainty and uniformity and build up a deformed and distorted system of mere arbitrary instances. A worse system than that or one more directly opposed to sound principle can scarcely be imagined." A strict compliance with section 143 of the new Civil Code is necessary to give this court jurisdiction. Neither this court nor the Court of First Instance has authority to extend the provisions of this statute. It may be said this rule is technical. Be it so. The legislatfre branch of the Government has authority over that subject. The judicial branch of the Government has no right or authority to treat as technical, and therefore disregard it, a plafo statutory proYision. It has been suggested that the legislature in enacting section 143 of the Code of Civil Procedure "must have known that in many cases it would be a physical impossibility to comply with its terms." The legislative branch of the Government in these Islands has considered the conditions here and has legislated subsequently upon the same subject. Act No. 867 of the United States Philippine Commission of September 5, 1903, provides as follows: "SEC. 14. Time u:ifhin trhich notice of apveal must be filed in casrs 1mdcr pt'C11ious ,o;ection.-In every case in which judgment is entered in the Court of First Instance of it province by direction of a judge not in the province at the time, under the provisions of section 13 hereof, it shall be the duty of the clerk of the court at once to notify the parties to the suit, or their counsel of the nature of the judgment, by personal notice in writing or registered mail, and in such cases the time within which the parties shall be required to except to the said judgment, and to file notice of their desire to prosecute their bill of exceptions to the judgment, shall be extended to twenty days from the day of receipt of the notice from the clerk." Section 13 of the said act. to which reference is made above, provides that "whenever a judge of the Court of First Instance or a justice of the Supreme Court shall hold a. session, special or rrgular, of the Court of First. Instance of any province and sba:ll therl'aftcr leave the province in which the court was held without having enterC'd judgm<'nt in nil the cases which \Vere heard at such session, it shall he lawful for him if the case was heard and duly argued, or an opportnnity given for an argument to the parties and their eo1msC'l. in the proper province, to prepare his judgment after he has ll'ft the prndnce and send the same back, properly 9igncd. to the clerk of the court, to be entered in the court as of tlie day when the same Wll!'. rcceiYed by the clerk in the same m:uml'r a!" if the judge had been present in court to direct the entry of the judgment." Had the legislative branch of the Govcrnment considered that the time mentioned in section 143 was extendible, then why was it necessary for it to enact the provisions found in snid section 14~ Jf, as it has been contended, the time mentioned in !"C'ction 143 is extendible by the courts, then certainly it wa;; unnecessary for the legislatiYe branch to enact further legislation upon that question. From the foregoing provisions it appears that if there are impossible conditions existing here, the legislative branch of this Government will in due time U1ke notice of the same and will enact such legislation as will be necessary to correct the cril. The judicial branch of the Government is governed by the laws enacted. There is also another very serious objection to the proceedings in this case, and thn,t is, the fact that the judge decided the motion for a new trial after the elose of the term in which the judgment was made final. This is not authorized by the law. Mo· tions for a new trial must be decided during the term in which the judgments become final. (See sec. 145 of new Civil Code.) If this practice is to be permitted, vexatious delays will be worked on parties in courts belo\V. These rules are made in order that successful parties may not be defeated by mere delay. If this court may extend the time one day or a month, it may l'Xtend it indefinitely. Such a doctrine would have the effect, finally. of forever defeating the final settlement of causes-the very objeet of the law. If this court may extend the terms of the statutes, the Court of First Instance may, and then instead of ha,·ing a uniform rule we would have a distorted practice where each ease depended upon the particular notion of the particular judge-a practice of mere instances. It is argued that the Courh of First Instance are always open. If that is so, then what did the Commission mean in providing different terms of the court? What is meant by the phrase in section 143 "and before the ending of the term of the court," etc? If the courts are always open and terms never close, then it \VOtdd be safe for the defeated party to wait "forever and a day" before taking steps to appenl. We think that provision of the organic law has a. very different signification. There is another objection to that part of the order or decision of this court, by which certain papers are directed to be sent up to this court to be incorporated as a pa.rt of the bill of exceptions. A bill of exceptions can not be amended except in accordance with the prodsions of section 500 of the Code of Civil Procedure. This section provides that a dismissal shall not be granted "whereby an amendment to the bill of exceptions which is hereby declared to be lawful and allowable, any imperfections or omissions of necessary and P.roper allegations could be corrected from the record in the case." This section is a literal copy of the provisions contained in section 5567 of the Code of Georgia. It has been held by the supreme court of that State in construing this provision that "record in the case" means record as contained in transcript sent up and duly certified by the clerk (79 Ga., 210). But even if the word "record" is construed to mean the record of the case in the Court of First Instance and it is held that the papers which have been directed to be sent up to this court are, in fact, a part of the record of the Court of First Instance, still it is not contended that these papers were made a part of the bill of exceptions by the trial judge who approved it. It is necessary that action should be taken in the Court of First Instance, by motion, to amend the bill of exceptions and this application must be made to the judge of the Court of First Instance, who tried the cas(' and whose province it is to make up the bill of exceptions and approve the snme. (Elliot's App. Pro., 825, 205.) Nor can the proYisions of section 501 of the Code of Civil Procedure be invoked as authorizing the amendment of the bill of exceptions by this court. This section provides the mode for eorOFFICIAL GAZETTE 39 reeling an "incomplete" record and is to the effect that if it is disconrc<l ilwt tlu~ record is so incomplete that justice requires the <:ase lo lw postponed until the record can be made complete, the 1•ourt shall postpone the further consideration of the same and make such order as may be prnper and necessary to complete the nwor<l in the interests of justice. WC' do not understand by this provision of the law that it is contcmplalcd that this court when it finds that the bill of exceptions !ls prepared in the Court of First Instance is defective shall postpone the further c·onsideration of the case and make the amend· 1i1e11t here, because all amendments to the record in the lower court mnst be made by that court. The higher court can not muke an original entry for the trial court nor perform an net which it is the right and duty of the trial court to perform. (Elliot App. Pl'O., 205.) This section 501 refers to the case where the record upon which the case is being tried in the Supreme Court is "incomplete" by reason of the fact that the bill of exceptions as signed and ap· prowd by the Court of Fil'st Instunce is different and other than that of the record on which the case is being tried in the Supreme Comt, and whenever this appears tQ be the case the court will, within the language of the statute "complete the record." The remedy here provided for is known in American pra.ctice as the suggestion of diminution of the record and prevails in the practice of these courts. The section is Utken almost literally from section 5575 of the Code of Georgia; and the citations of the decisions of the eourt.<s of that State which are contained in the notes to this section, show that su(·h was the purpose of the section. For instance, it has been h~ld by the courts of that State in construing this section, that wlwrc there is "no judgment appearing in the record, the case will be delayed until the same is sent up." (65 Ga., 600.) And where a motion for a new trial is material and is referred to in the bill of exceptions not sent up, a dismissal follows if no time is asked to perfect the bill of exceptions. (74 Ga., 36.) The motion to dismiss the bill of exceptions should be granted. Tones, J., did not sit in this case. Motion denied. OPINIONS OF THE ATTOHNEY-GllNEUAL. At>JJlication fo,. ad valorem ta:c. MANILA, P. I., October 16, 1903. Th<' ~ul ,·alon·m tax !<hould be assessed by valuing the real cstat(• al its in·tual monc;r \"ahw at the time of the assessment. If tlw im1n·o\"('llwnts phH·l'd upon the land increase its value they shonhl be inclu<lecl in the valuation. Under no circumstances shoulcl i1upron·mc11b; lw llSSl!ssed at their estimated cost on completion. Th(•y may IW\·t>r be r;ompleh•d, and the owner would then lw hM•d for property he ncYer had. The machinery is not part of thl• real estnte and should not be assess('d ·as such, but the go1low1.1 is n building and should be assessed for the ad valorem tax. L. R. WILFLEY, Attorney-General. Pll()\'l'.\'CIAL SECIIETAUY OF CEBU. Presentation of cedttlM. MANJL,\, P. I., October 19, 1903. In the constrnclion of statutL'8 it is well established that the int<'nl of llH' statute is the luw. To determine this intent the words must be lookcll to and the actual import of the words is tlwir lih•i·n\ s1•11st', bnC if the won.ls ndmit of a construction to l'f]'p(·tuntc the intent.ion it is to be· adopted. "When general lnnguagc eonst.rucd in a particular sense would lead to un ah,;unlily il lJ.HIY llP rc,;lrnincd." Applying these rules to the l'Oll>'tl"Uction of .. .:\t·t 87G it is my opinion that when the Com· mission enacted that a cedula must be presented by anyone liablf' lo pay sm·h tax whene\·er "he transacts any business with any public ofTit•e or ollker" they could not have intended that such person should present his cedula whenever he receives his mail. purch1lscs stamps, money orders, etc. Such a construction would make the business of the post-office practically impossible. Nor do I think that the provision which requires a cedula when a l)(>l",;on "recci\"cs money from any public funds" requires a man to present his cedula when he cashes a money order. These transactions are so numerous that such a construction would lead to an absurdity. They are different from the transactions in which a contractor receives.money for carrying the mails, or an employee l'f'ceiving his salary.. In the latter cases it is my opinion that the person rt>cPiving the mont>y should have a cedula when linble to the payment of such tax, and the officer disbursing the funds ,;hould satisfy himself of that fnct before payment is made. Th(' pmpose of the luw is to enforce the payment of the tax, and after tlw offiecr has satisfied himself that the tax has bet>n paid l do not think it incumbent upon him tQ demand its prrsC>ntation in C'aeh transaction with that person. L. R. WILFLEY, Attorncy·Gencral. The Dno:eTOK OF PosTs, A/a.nila, P. I. Delimcry of capt urrd anns and a.mmun.ition. MANILA, P. I., October 20, 190'3. Section :J of Act 87i of the Philippine Commission does not indude firearms and ammunition, as there are special laws governing the use of firearms, and Act 877 does not repeal these laws. All arms and ammunition captured should be delivered to the Constabulary uml not tQ the provincial supervisor. The word ·'nmintennnce" as used in section 5 of Act 877 refers to "feed nm! care of such animals" as used in the second line of said action. Guarding and nil other necessary expenses incurred in the prcsC'n-ation of the animah; are included in this section. L. R. WIIJ.'LEY, Attorney·Generol. The PllO\'IXCJAr. St:P~:ll\'ISOR, lloito, Iloilo, P. I. Currying of firca,rms. MA.iXILA, P. I., October 24, 1903. Pro,·in<'i:1l treasurf'rs are authorized by law to carry firearms in the performance of their official duties. As stated in the opinion of )Ir. Harvey, it has been held thn.t the sheriff and his deputies were authorized to ha\·e firearms since their possession is necessary to properly perform the duties of such office. I think that such is also the case with the office of provincial treasurer. The tn•as1irt·r by law is made the custodian of large sums of money, and in c·onferring this duty the law implies he shall use means pro1wr to gi,·c ample pl'Otection to the funds which come int.Q his po,;,;cssion. Since the protection u!Torded by firearms is the usual and most <'ffeetive, I think it reasonable tQ say their possession is necessary tQ a proper exereise of the office, and therefore authorized by law. These reasons uppl~· with equal fore<' to deputy trensurers. Their duties n•cp1irc thC'm to traH) throughout the provinCes collecting taxes. They must ]ll'O\·ide protection for the money so collected, sim·c the prC'.;wrn1lion of said money is as necessary as its collection. L. R. WILFLEY, .Htorney-Gcrn?ral. The Cll!U' OF Co'.\'STADt:LARY, Manila, P. I. }'residents of boards of health not autlwri;:cd to collect fees. l'\IANILA, P. I., November 4, 1903. The presidents of the provincial boards of health are not authoriz(•d to rcceiYe or collect nny compensation for the discharge of 40 OFFICIAL GAZETTE tlwir tluti<•s ot!wr than the salary as fixed under ;wction 4, Act :107, hy the Commissionc1· of Public llcalth, with the approval of tlw Hecn·tary of the Interior. This dot»> not apply, however, to professional services which may he rendered by any president of tl provincial board of health in his private capacity as a prncticing physician, but all services rendered in his public c;tpacity as prl'sidcnt of the provincial board of lwalth arc l'Ubject to the provisions of said section 4, Act 307, and no frcs or com1wnsatio11 in excess of that fixed by law are allowed. L. R. \\'ILF·LEY, Attorney-General. The l'itESIUK\""I', BOARD (ff I-IEALTll, Srm l'ablo, Lagunff. .J 11sticc of the pcaee, location of office. lllA;-."ILA, P. I., Xovmnber "!, 190.'J. :-iince the ju;;ticc of the peac<• is a public onicer transacting busi· nc;;,.; with tllC' public and wiih his fellow-ollicers of the municipal government, the location of his olticc should be established with a vkw to t!IC' greatest possible public COJffenience, and while there is no provision of law n'quiring the' justice of the peace to establish his olfice within a certain specified area, the nature and charnct1·1· of hi.'> o!licial relations with the public d(•uurnd that he shall be located reasonably convenient to that part of the municip1llity wht>re the scat of municipal goHrnment ha!i l>eeh established. It would appear, thert'fore, that the public business must suffer where, us in t!IC' ca,.;e in point, the justice of the peace is located ai a distance of three miles from the center of the town. The PitO\llNCIAL FISCAL, Antique, P. I. L. IL \\'n.FLEY, Attorney-(]eneral. Ra.wmwnts; dominant and sercient estates. :i\1ANILA, P. I., .\"ovember 11, 190;1. Article 58i of the Civil Code provides .;the owner of the estate ch11rged with an euseml'nt of receiving waters discharged from roofs may \mild in such manner as to reccfre the waters upon his own roof, or give them another outlet in accordance with the local or(linances or customs, an<l so as not to be burdensome or detri· mental to the dominant estate in any manner whatsoever." An easement is a property right and as 5uch is fullr protected by the law. The own1·r of thr dominant estate lms the lrgal right to have the water from his roof discharg<'tl on the servicnt estate, and this right <"an not be taken <l\\'<IY without due compensation. Therefore thr ow1wr of a sen·knt l',.;t;1lc should b(• made to dispose of the rnin water in accordance with proper sanitary regulations. Articles 580-58,). inclusin. of thC' Civil CodC> arc established in thC' interests of private persons and for cases of private utility, but article 551 of the Civil Cock puts a limit on these laws so that any ordinance pa:ose<l in the inlM·est of public health would be paramount lo tlwm. ThC'rcfor<', proper sanitary r<'gulations may be p11s,.;1•d in spite of nrticlrs :)80-;)8;). L. R. WILFLEY, Attorney-General. Th<' AcTINu CoM~tlSSIONEB 1w Pi.;uuc HEALTH, Manila, P. I. llmiieip11l onir·iuls vm•;fmasters, salaries. l\rA:-;'J.LA, P. I., Dece1nber 1, 190.'I. Tlwr1• is nothin).!." n('e(•s,.;nrily inmmpatiblc between the ofiices of po.~hnnsfrr aml thai of;\ municipal ollicial, but section 4 of Act Xo. 181 n•fc>r,.; onl,\· lo per:;on,.; in the Ci\·iI Service, and therefore ;1 p<'rsnn >il'rving both 11,.; a municipal oflicial and postmaster c1111 not draw a salarr in both capacities unless he is in the civil sen· ice. A per,.;on not in the ci\·il service may serve both as postmaster and a municipal ofiicial at the same time and draw salary for one of the positions only. L. R. \VILFLEY, Attorney-General. The DIHECTOR OF POSTS, Jlanila, P. I. BUUEAU OF CUSTOMS AND IMMIGUATION. No. :147.-"llazor hones." :.\'1AXILA, December 8, 1903. 'l'u a.fl Cu/lee tors uf Customs: Tlw following is hercby puhli,.;Jwd for thP information and guidancr of all concerned: "In tlll' matter of Protest Ko. 2051, filed April 20, 1003, by Mr. Enrique 8pitz, against the action of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of ~lanila, as to the rate and amount of duty chargeable on certain 11\C'rchundise described in Entry No. 7866, Voucher No. 12931, paid April 20, 1903. '"The clnim in this case is against the classification of certain mzor ,.;tones as 'fine' stones, muler paragraph I (d) of the Tariff H<'vision Law of 1901, at $6 per 100 kilos, instead of as common stoiws under paragraph 2 (c), at $1 per 100 kilos, as entered. '"The stones involved in this protest are double, one side being a !ilab of hard, smooth stone, and the other side somewhat softer. Tht>y are known us hones, or, when in the rough, as hone stones. The harder slab is used as a mount for the softer one, to which it is cemrnted. It is imported in oblong lengths, which would con· stitute a wrnught article. '"The dictionaries give the following definitions: "'Hone: A stone used for sharpening instruments that require a delic;lte edge, and particularly for sharpening razors; on oil..,toiw. A hone differs from a whetstone in being of finer grit and mon• <'Ompact textur('.' (Uentury Dictionary.) •• ;J/one: A stone of fine grit used for sharpening instruments th;tt l"e(plire a fine edge, and particularly for setting razors.' ( \\"ebster's DiCtionary.) •··Hone: A plane true block of fine, compact stones, for sharprning edgr tools.' (8tandard Dictionary.) "It will h<' noted that in all of these the word 'fine' appears. ·Fine' itself, howeYer, has various meanings, two pertinent ones \)('iug as follows: "'Delicate or choice in material, texture, or style, • • • <·lrg;mt, testcful, • • •. It is also of tables of fyue whith marble stonne.'' (Torkington, Diarie of Eng. Tr;n·ell, p. 49.) " 'Consisting of minute particles, grains, drops, flakes, etc., as Jim• sund or flour, fine rain, or snow, fine shot. "l\1ake ready 1p1ickly thrPe measures of fine meal."' (Gen. XVIII, G, Century Dictionary.) '"It is ;tpparent that the word as used in parngraph I of the tariff has the fomwr of these two me1mings, and as used in the defi· nition.~ quotrtl has the latter. In other words, whetstones arc fine (grni11C'd) ;:;tonPs. hut are not fine in the sense of being 'similar' to marble, on~·x, jasper, and alabaster in texture, quality, value, or use. "Protest No. 2051, on the grounds above mentioned, is susb.inC>d nncl a refund ord<>rrd to thf' importer in the sum of $7.34, United Statrs currl'ncy. {Sign<'d) H. B. l\IcCoy, Acting Collector of Customs for thr Philippine Islands." • H.B. McCOY, A.cti11g Collector of (fostoms for the Philippine Islands. OFFICIAL GAZETTE 41 Xo. 348.-Handkerchiefs figured i1i tltc loom. MANILA, December JO, 1903. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned: ••Jn the mutter of Protest No. 1742, filed January 12, 1903, by :.\fos.-;rs. 8truckmann &. Co., against the action of the Collector of Custom.-; for the Philippine Islands, acting as Collector of Customs for tlw port of :Manila, us t-0 the rate and amount of duty chargealile on C<·rtain imported merchandise described in Entry No. A rn48!), Voucher No. :ur;, paid January 12, 1903. "The merchandise in this case consists of certain embroidered cotton handkerchiefs, cla.<.;sitied as figured cotton textiles dyed in tlw pi<'ce, of more than au threads per square of six millimeters, weighing less than 10 kilos pe1: 100 square meters, made up in handkerchiefs, embroidl'rcd, under paragraph 120 (e), at the rate of $0.55 per kilo, plus Hlrtaxes of :Jo per cent and 30 per cent. Claim is made ·that the above-mentioned handkerchiefs are clearly manufactured of plain textiles, and that the transparent part running around the whole handkerchief belongs to the hem, for which a surtax is paid, and consequently should not be regarded as as a part of the textile itself.' Protest is a.lso made ngainst the imposition of a fine for a wrongful declaration in this case, it lll'iug claimed by the protesters that they aeted in good faith in making their declaration. ··An examination of the handkerchiefs in this case shows that the textile of which they are manufactured was originally woven in larµ-r pieces. Running from selvage to selvage in the weft, at regular intervals, the uniformity of the weave has been broken by packing tlu·ee sets of several of the weft threads together. Double thread" of the warp ilre then twisted and interwoven about these sdN of packed weft threads, variegating the appearance of the textile by producing an oprn work design. About 2 inches from each selvage six ht•iwy threads have been interwoven in the warp and the uniformity of the weave Proken by twisting these heavier threads about nnd over and under groups of se\•eral of the weft thrends. Thi" change in the manner of weaving produces a design somewhat similar to that running from selvage to selvage. The change in the manner of wea,·ing is not in the packing or pressing together of the threads, but by the twisting and inte.rweaving of the threads which pass over and under the threads which have been prei;sed together, thus holding them in place. In the textile on which the recent decision of the Court of Customs Appeals was made (Tariff Decision Circular No. 323) but two threads were pressed or packed togethPr at regular intervals, and this was not .<.;o noticeable exc-t~iJt upon minute examinntion, while in this case the figure or dl'sign is readily apparent and is plainly noticeable upon but a. cursory examination. The purpose was cleal'iy the ornamentation of the handkerchiefs, for which the textile was specially WOYen. "A plnin cloth is defined us 'u fuliric in which the warp and wl'ft threads are placed at right angles to ench other, and which intl'l·\n•ave ulb·rnntC'ly' (Design in Textile Fnhrics, Ashenhurst), imd ns the threads do not interweavt: alternately in this textile it can not therefore be considered us plain woven. In other words, a distinct design or figure has been introduced at regular intervals. "In Tariff IJPcision Circular Nos. 101 and 286 it was held that the textile as found in the piece shall be the basis for determining the rate of duty, nnd if this textile is figured when in the piece it is also figured when made up into handkerchiefs, whether the figured portion adjoins and appears to be a portion of the hem or not. 8urtux for making up is not assessed for the hem on the handkerchiefs, but for tht' cutting to size, whether hemmed or not (rule 12), and the operation of stitching. "A fine for under-classification is not necessarily imposed on account of bad faith, and th<'reforc the assertion that the importer was acting in good faith j,, not sullicient ground for the remission of the fitw. The public is pre!';Ull\Cd to be as familiar with the rC\'(•llUt' laws as are the customs officials, hence a mistnke of law is no justification. It i!'; only those mistakes of fact which ordinary diligencC' would not guard against or caUSl's hl'yond the control of the importer that can be pleaded in bar of such a fine. No good reason for the remission of this fine is advanced in the pres· c>nt CllSe. "Protest ~o. 1742, on the grounds above mentioned, is therefore o\·crrnled 111ul denied. ( Hi1:,rnCd) H. B. :\foCoy, Acting Collector of Customs for the Philippine Islands." H.B. McCOY, Acting Collector of CJtstoms for the Philippine Islands. No. 349.-(1) l~rmon flm,oring extract; ( 2) stra11:bcrry fruit juice. MANILA, Decem.bcr 10. 1.903. To all Collectors of Cw1toms: The following is hereby published for the information and guidance of all concerned: "In thl" matter of prntest Xo. 1388, filed Oct-Ober 9, 1902, by Mr. M. A. Clarke, against the action of the Colledor of Cust-Oms for the Philippine Islands, acting us Collector of Customs for the port of Manila, in assessing and eollecting duty upon c.ertain articles imported liy them and described in Entry Ko. A 8761, Voueher Ko. lO!)Hl, paid October 7, 1902. "There are two daims in this case, the first being ngainst the classification of lemon fla\'oring extract us an essential oil, under paragraph 105 (a) of the Tariff Re\·ision .Law of 1901, at $5 per kilo, instead of us a flavoring extract, under paragraph :327, as entered. "The second claim is against the clnssific11tion of a certain strawberry product as a 'tla\'oring extract,' undt'l' paragraph :Ji7. at $0.25 per kilo, instcold of as a ;swcatmeat,' under purngrnph 332, at $0.125 per kilo, as entered, or as a 'fruit juice,' under pn.ragraph 313, 11t $0.06 pPr liter, as now claimed. "In regurd to the first claim, it is alleged that the shipper made the error of both invoicing and labeling the good;; as 'lemon oil.' The in\'oice was not questioned by the appraiser, and the goods were classifiP<l aeeording to ii. The faet is that the goods in que.stion are merely an adultern-tion of lemon oil. containing only between ;) und 6 per cent true lemon oil, the remainder being an alcoholic medium. They were used, sold, and known commercially as flavoring extracts. "There is no 1·eason to belie\'C th11t the false inrnice description and label;; were for the pm·post• of fraud upon eonsunwrs of the goods, and they certainly Wl're not for the purpose of framl upon the revenues. Statements in invoircs may be ust>d for the guidance of customs officers. but nre not liinding. This part of tl1e protest is suc;tained and the entry <.;hould lie rcliquid;1t1•(l in ;H•· cordance with the facts under parngrnph 32i. "In rcg11rd to the second claim, it appears that the good,; in question consist of the juice of tlw strawberry obtained probably by C'Xpression, to whid1 sugar has been added until the proportions are: Sugar, 49.9i per eent; water, 33.75 per et•nt; solids, 16.28 per cent; total, 100 per cent. It is in the form of a rnthrr thick sirup-like liquid, the body of \Vhich is clear with only trnct•s of fruit pulp (!i•'e'_L). It umloabtcd!y ('cnsists of strnwbe1Til's. crushed 1mrl filtered, or <;trair.C'd ,;o e/Tedually thal but smnll trn<'es of the pulp remai11 in the liquid. "The question is whether this article is (1) a fruit juil'e, (2) a sweclmcnt, or (3) a flaYoring 1•xtrnd. It is not doubtrd that it i'l in fnct a fruit jnit't'. l•nt the 111w,.;tio11 i~ wlwtht'l' it i~ pt•_,,j!J]p to da~.;;ify it under tiw fir-;t in di'\\" of the wording of par:tgT:tpli 313, 'Fruit juice pure or with onl,\' sullieient sugnr to Jll'('""I'\"(' ii.' 42 OFFICIAL GAZETTE "T11rui1.g for :i moment to the seeond; The Centur:io' Dktionary d(•fine;; 'sweetmeat' as: "'I. A sweet thing to eat; nn uticle of confectionery made wholly or p1·!ncipally of sugar, a hon-hon * • •, "'2. Fruit preserved with sugar either moist or dry, a consetTe, a preserve • * 4 ' "Tl•e artidc in qiteslion is not •l sweetmeat becaUSE' it is not to eat, ncitlll'r is it an :trti1·le of r:onfoctionery. It is not 'fruit pre· ~crn·d with ~ug:tr.' becau-;e the procl'.!ss of manufacture has entirely changc-d the nnlmc of the article. It is not fruit, nor yet prescnrd frui~, but fruit juice. The mere l'XCe.~-; of .:.•1.~,·r ean rot m:•.ke into fruit that which, wen~ there less sug.'.'.r, would be 'fruit juice,' Ix:th in fact anti in hw. Mcreon:r, it ... i.;i not 'preserved' with !'H!:rnr, but rather mannfaC'tUl'ed with sugar, C'l'.ough sugar h:wing been added to attn its es<;ential nature. It is neithel' 'moi,,;t' nor ·riry.' "A-; to the third: It is clear that thi!= is, technically, nn 'extract,' as th,,t word is tldlned by the Century Dictionary. i. e., 'a sub,;tancc obtained by distillation, heat, solution, or other chemical or physic:tl process,' such as the 'expressed juice of the fresh plant,' evaporated, but it is equa.Ily clear that it is not commercially known as such. Being enumerated in no one of the three possible paragraphs named. rE>com·se must be had to rule 15. It is more like the fruit juice enumernted in paragraph 313 than any other, and should tlwrefore by assimilation be so classified. "Pro:..l'st No. 1388, therefore, as regards the first claim, is sustained, and a refund ordered in the sum of $40.37, United States currency, that h<"ing the difference between the duties as originnlly liquidated and as reliquidated iri accordance with this decision; nnd as regards the sPcond l'laim_. it is also sustained, and a refnnd onlcl'ed in the sum of $84.98, Cnited States currency; in all a total refund of $125.:15, United States currency. (Signed) H. B. McCoy, Acting Collector of Customs for the .fhilippine lshlnds.'' . H.B. McCOY, Aeling Collector of Customs for the Philippine Isl<Muls. No. 350.-H orse cliPPCTS. MANILA, Decc-tnber 11, 1903. 7'o all Colkctors Qf Customs: The following i;; hel'eby published for the information of all concerned: "lu the matter of protest No. 2443, filed September 16, 1903, by ).lessrs. Kucnzle &. Streiff, against the decision of the Collector of Custollls for the Philippine Islands, acting as Collector of Customs for the port of Manila, us to Urn rate and amount of duty chargeable on ccrtuin mnchaudise <lcscl'ibed in Entry No. A 4314, Voucher ~o. 8695, paid 8eptember 14, 1903. "The claim in this ca!>e is against the classification of certain horse clippers under parngrnph 54 (d) of the Tariff Revision Law of 1901. us shears not otherwise prnvided for, as entel'cd, instead of 1111<l1'r parngrnph 54 (c) as sheep shears by assimilation. "The horse clippers in question are of steel, are fitted with woocll'n handles_. and have trimmings of brass. They are somewhat largN than but similar in construction and the mode of operation to the hair clippers ordinal'ily used by barbers. It is not denied that they arc shears. "The paragrnph,; in question provide as follows: ·• '(c) Pruning and budding knives, grass, garden, hedge pruning, and shL"l'J' shears, N. \V., kilo... $0.05 "' (d) Surgical and clent.nl instruments, fishing hooks, and nil other entlery, including scissors u.nd shears not otherwise pro\'ided for. K. W., kilo... $0.30' "TJ1c rule of interpretation that words of genernl description \li'e t.o be limited br those of specific description is not applicable to paragraph 54 (d), the enumerated articles being of different J,"Cllcra. This paragraph provides, then, for nil classes of cutlery which are not otherwise provided fol', without restriction. "Pa1·agraph 54 (c) prnvides for a class of cutlery \Vhich is used solely for agricultural purposes, sheep shears most dosely resembling horse clippers of the enumerated articles. But horse clippers arc not similar to sheep shears in the characteristics prescribed by rule Hi. Furthermore, these rules of construction and assimilation can not 'be resorted to except in cases where it is clear that the al'ticlc in question has not been definitely provided for in the tariff. They are to be resol'ted to in the absence of an cnnmcration, and not for the purpose of setting aside an enumera· tion.' (Tariff Decision Circular No. 187.) Horse clippers are not otherwise provided for, and therefore cleal'ly enumerated under the gcnernl provisions of paragraph 54 (d). "Prntest No. 2443 is therefore overruled and denied. (Signed) II. B. McCoy, Acting Collector of Customs for the Philippine Islands.'' H.B. McCOY, Acti11g Collector of Customs for the PliilippiJle Islands. CUSTOMS ADMINISTRATlVE CIRCULAR. No. 269.-Jr'ees for admeasurement of vessels. MANILA, December 22, 1903. To all Collectors of Customs: PARAGRAPH I. By authority of section 393 of the Philippine Customs Administrative Act, and with the approYal of the honorable the Secretary of Finance and Jm:tice, the following fees for the admeasurement of ve;;sels are hereby promulgated and shall take cff<•ct on and aftel' January 2, 1904: CL\SSIF!CATION OF Vl:SSELS. Class !.-Vessels having one or more decks of which tl1e tonnage length is 15 meters or under. Class 2.-Vessels ha\'ing one OI' more decks of which the tonnage length is nbm'e 15 meters and not exceeding 30 meters. Class 3.-Vcssels having one or more decks of which the tonnage length is above 30 meters nm! not exceeding 45 meters. Class 4.-Vcssels lm,·ing one or more <le<·ks of which the tonnage length is abow 45 meters and not ex(•ecding 60 meters. Class 5.-Vesscls having 01w or more decks of which the tonnage length is nhove 60 meters and not exceeding 76 meters. Class 6.-Vessels having one 01· more decks of which the tonnage length is abo\'c i6 meters. Cfo.~s 7.-All open wsscls without decks, such as lighters, cascoes, banc11s, ships' boa.ts, plc11sm·e launches, and other similar cr1ift. ADllt:ASURF:llENT Jo'l:t:S. The following fees will lwreaftl'r be collected at all ports in lhc J!hilippinc .\rchipclago for the admeasuremcnt of vessels, to hl' usscs~ctl on gross tonnab"C and act."ounted for as collections under a separate heading: 20 tons or Jess ... 1\lorc than 20 tons ... 20 tons or less .. . 20 to 50 tons .. . 50 to 100 tons. Class l. Class f. Class S. Philippines rurrency. 12.00 15.00 18.00 24.00 34.00 100 tons cir less... ........ ........ ..................... . ........................ . 46.00 t 00 to 200 tons ... ~lorf! than 200 tons 1,000 tons or tc"s ~lore thuu l,ooo tons .. 60.00 90.00 Class J,. 150.00 OFFICIAL GAZETTE 43 Cl03s ~1.000 tons or less ... More than 1.000 tons and less than 2.000 tons ... More than 2.000 tons ... 2,0oo tons or less ... More than 2,000 tons .... Clm111 G. ClatJs 7. PblllpplDeB eurreDcy. 110.00 150.00 170.00 1110.00 180.00 From 1 to 5 tons... 3.00 From 5 to 12 tous, inclusive.... . 4.50 More than 12 toDs, per ton . ........................ . .40 PAR. II. Phi1ippine customs officers shall give due publicity to the terms of this circular. H.B. McCOY, Acting Collector of Custo,ns for the Philippine lsltuuls. Appro\•ed: HENRY C. IDE, Sccreia,·y of l•'inance and Justice. No. 370.-PubliShing Act "No. 1026, Pl~ilippine Commission., (UJJ'11,g omi.ual tomwge taa: upon cascocs and similar 'Pesscls, ond ametiding section one hundred u.nd Oiirty-five, Philippine Customs 1idministratWe Act. • MANILA, Dccernber 81, 1908. To all Collectors of Customs: PARAGllAPD I. The following Al·t No. 1026 of the Philippine Commission is her<'by published for the information and guide.nee of a II concerned : "[No. 1026.] "AN ACT PIXlNG THE ANNUAL TONNAGE TAX UPON CAS· COES AND omER VESSELS NOT DECKED OVER AND NOT PROPELLED BY THEIR OWN STEAM, SAIL, OR OTHER SJMU,.<R MOTIVE POWER AND CONSTRUCTED IN TIU~ PHil..-JPPINE ISI..ANDS. AND AMENDlNG SECTION ONE HUNDRED AND THIRTY-FIVE OF THE PHILIPPINE CUSTOMS ADMINISTRATIVE ACT. "By authority of the United States, be it enacted by the Philippine C071imission, that: "SECTION 1. All cascoes and other craft not decked over and not propelled by their own steam, sail, or other similar motive power, in the Philippine blands, for which licenses shall herea.fter be obtained or renewed, shall be subject to an annual license fee of one peso, Philippines eun'eney, per gross ton: Provided, That it shall be shown to the Collector of Customs issuing the licenses that such craft have been constructed in the Philippine Islands. "SEC. 2. Nothing in this Act contained shall be construed to authorize any refund of any tonnage tax already paid upon these vessels, in accordance with the heretofore existing law. "SEC. 3. Anything in section one hundred and thirty-five of the Philippine Customs Administrative Act in conflict with the provisions of this Act is hereby repealed. "SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is herel:..y expedited in accordance with se«tion two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. "S~:c. 5. Thi!! Act shall take <'fl'ect on its pllllsage. "Enacted. Dect>nlber 16, 1903." PAR. II. The regular lightcrage and harbor license shall be is1:med to \"es>iels provided for in this Act, and shall be endorsed in red ink across the face as follow!!: "Issued under the provisions of Act 1026," and the fee specified in section one of said Act 1026 shall be charged and collected therefor, PAK. JU. Customs officers shall give due publicity to the terms ~f this circular. H.B. McCoy, Acting tJollector of Cuatoms for tlae PMUppine lslainda. llA:SlLA CU"STOlC-llOUSE GENERAL ORDER. No. 59.-Cotwening board for the eaiamination of applicants for positionR of master, mate, patron, and engineer of seagoing vc11scls iri the Philippine coastwise trade. MANJLA, December 28, 190.9. PAUAGRAl'll I. Pursuant to Act No. 780 of the Phi1ippine Commission, aH amPnded by Act No. 1025 of i.aid Commission, the following appointments are hereby made to the Board thereby created for the examination and certification of applicants for the positions of master, mate, patron, and engineer of seagoing vessels: The Acting Collector of Customs for the Philippine Islands, president of the Board, ex officio; Mr. W. H. Colbert, Acting Superintendent of the Nautical School, member of the Boa.rd; Captain George Mansfield, Inspector of Hulls, member of the Board; l\lr. H. C. Liebenow, Inspector of Boilers, member of the· Bon rd; Captain Vicente Verzosa, member of the Board. PAR. II. Mr. H. C. Liebenow is hereby designated as Secretary of the Board, and the Insular Suneyor of Customs shull furnish the necessary clerical assistance. PAR. Ill. Assistant Surgeon Victor G. Heiser, United States Public Health and Marine-Hospital Service, is hereby, with his consent, designated t!) conduct the physical examination of all applicants in accordance with section 3 of said Act No. 780 of the Philippine Commission, as amended, and to certify their condition to the Board. PAn. IV. The Board shall meet at the Nautical School, Mavila, P. I., on December 28, 1903, at l o'clock p. m. PAR. V. AU certifications for licenses for the positions of master, mate, patron, and engineer of seagoing vessels in the PhilipJ>inc <'Oa11twise trade shall be made to the Collector of Customs for the Philippine Islands, and the examinations of all applicants, together with all records of the Board, shall be kept in the office of the Insular Surveyor of Customs. PAR. VI. All applicants for examination are hereby notified to present tll('mselvcs to the Board at the hour and place above designated. H.B. McCoY, Acting Collector of Omtoms for the Philippitw Islands. APPOINTMl~NTS. By the Honorable Civil Governor. J"UDJCIA.L DlSTBlC'lB. Hon Estanislno Yusay, judge of the Court of First Instance, Fifth Judicial District, December 16, 1903. Provinces. BA.TA.Alf. Lorenzo Sillleita, provincial secretary, December 18, 1903. CAOAYAN. Antonio Ca.rag, provincial secretary, December 21, 1903. ILOILO. Willis Lynch, justice of the peace, Iloilo, December 31, 1903. SUBJGAO. George A. Benedict, provincial supervisor-treasurer,· December 18, 1003. By the PJ1iltp1>ine Cl\'"il Ser\·fce Bonrd. Executive Department. EXECUTJ\"E BUBEAU. John J. Noon, clerk, December 14, 1903, $1,400; probational uppointml!nt. Nathan O. Nollh, clerk, January 1, $1,600; promotion from class 8. 44 OFFICIAL GAZETTE Lro Fhihrr. t•lcrk, January I, $2,000; promotion from class 6. Jfarry L. Beckjord, clerk, ,January 1, $1,800; promotion from <'lasi-; 7. Char]('.-; A. Bauer, clerk, .January I, $1,400; promotion from class 0. II arr,\· Crahtn·c, clerk, January I, $1,400; promotion from elass !). Burton Uarrdt, clerk, .January l, $1,400; promotion from class fl. Nalus ,J. Haynes, clc>rk, ,January I, $1,400; promotion from c\a:;;;; !I. . Mr><. Carrie F. :Mahon, clC'rk, January 1, $1,400; promotion from class 0. \\'illiam N. Jlahon, clerk, January l, $1,400; promotion from class !J. Alcihiadps GimC'nez, clerk, Jilnuary I, $!JOO; promotion from (;Ja:-;s B. Eulalio Huaco, clerk, January I, $900; promotion from Clnss B. Ladislao Corro, clerk, January I, $fi00; promotion from Class F. Rosauro Lowalhati, clerk, ,January I, $540; promotion from Cla,;,; G. Juan Cabeza de Vaca, clerk, January l, $480; promotion from Class G. Ho(iuc Yan, clerk, Janual'y 1, $360; promotion from Class I. Domiciano Tizon, clcl'k, January l, $360; promotion from Class I. ,Jo,;c Valencia, clerk, January l, $360; promotion from Class I. . Jnan Ahrnham, clcrk, .January I, $360; promotion from Class I. Arscnio Hoco, clerk, January I. $360; promotion from Class I. FP1·n~11ulo Arc<', clerk, January l, $360; promotion from Class I. IlUREAU OJ<' THE l:"ISU.LAR PURCllASlNG AGENT. P1•dro Cabangis, clerk, December JG, 1903, $360; probational appoi11tnwnt. Hospicio Tolentino, clerk, December 16, 1903, $360; probational appointment. Gregorio Dizon, clerk, December 17, 1903, $360; probational appointment. Vicente (:iriiicn, clerk, December 18, 1903, $360; probational appointment. Louis J, Campbell, clerk, December 19, 1903, $1,200; probational appointment. Allwrt K<'nny, teamster, December 16, 1903, $720; probational appointment, Robert F. Ohlman, watchman, December 21, $720; probational appointment. Hiehard Hardin, wheelwright, Janu:uy 2, $1,080; rt>in,;tatement. Ull'ROVEMENT OF THE PORT OF MANILA, H. L, Fischer, assistant to officer in charge, January I, $1,600; change in designation from chief clerk and cashier. E. ~L Nntting, transitman, December 19, $1,400; probational appointment. DEPARTirENT OF THE INTERIOR. Roard of Health of the Philippine Islttnds. Mi,;s Pcarlctta Clark, nurse, December 14, 1903, $900; probittional appointment. Juan Cabarrns, municipal physician, December 22, 1903, $750; probatimml appointment . . ful ,Johnson, property clerk, .January l, $1,200; promotion from l'llil Rrstrm, class IO. ,JosPph \V. WakcfiC'ld, property clerk ( P. S,), January 1, $1,000; pron10tion from inoculator, Class A, ,Joaquin Prcisler, clerk, .January I, $900; promotion from Cla,;s C. Mariano Roco, cl<>rk, .Jnnnary I, $600; promotion from Class F. Eug(•nio Viana, clerk, January 1, $600; promotion from Clnas F. .John C. Keefe, inoculator, December 31, 1903, $900; traru;fer from attendant, Son Lazaro Hospital. FORESTRY BUREAU, Almon R. Decker, clerk, December 18, $1,400; promotion from class 9. Tomas Villnrenl, ranger, December 21, 1903, $300; probational appointment. Manuel Soto, rnnger, December 11, 1903, $300; probational appointment. Raymundo Caghustian, ranger, December 19, 1903, $300; probational appointment . Leon Trinidad, ranger, December 28, HI03, $300; transfer from clerk, $180, Bureau of Customs. Rosendo Santos, ranger, January 2, $300; probational appointment, Leon Cid Pllicido, ranger, Januttry l, $600; promotion froin $420. Cornelio Noble Jose, ranger, January 7, $420; .promotion from $300. Albert H. Einsiedel, clerk, January 1, $1,200; promotion from class IO, • Dionicio Pabalan, skilled workman, January 1, $300; promotion from $240, Bartolome l~spinosa, ranger, January 1, $300; transfer from clerk, $180, office of provincial treasurer, Iloilo. BUREAU OF AGRICULTURE • BPrr~' ,J, Nelson, teamster, November 25, 1903, $720; reinstateuwnt. ,Jolm Heil, farm foreman, January l, $1,080; promotion from foreman. Class B. William P. Stockton, teamster, December 21, 1903, $720; probational appointment. Clarence E. :Miles, overseer, January 1, $1,080; promotion from Class A. 1\L L. Mon;;on, stenographer, December l, 1903, $1,200; transfer from EXl'Clltivc Bureau, R. H. McMullen, veterinarian, December 14, 1903, $1,600; pro· bational appointment. A. D. E. Elmer, botanical collector, December 24, $1,200; probational appoin'tment. Charles S, Sly. assistant, serum laboratory, November 1, 1903; $1,400; promotion from class 9, John Kewctt. attendant, December 21, 1903, $600; probational nppointm<'nt. Hany E, Smith. clerk, January I. $780; promotion from attendant. $600. Cl\'IJ, SA:-l"ITARIUM, BAGUIO, BENGUET. Miss Helena E. Jones, nurse, August, 1, 1903, $720; transfer from the Philippine Civil Hospital. ""illiam C. Sutherland, attendant, September 24, 1903, $600; transfer from the Philippine Civil Hospital. Department of Commerce and Police. \\'. L. Safford, clerk, December 19, 1903, $L400; prohntiomtl nppointinent. ,J. \\'. :\Hiler, clerk, December 14, 190:1, $1,200; probational appointment. Martin R. Bourne, clerk. December 19, 1903, $LOOO; probational uppointment. Churles l\I. Markey. raihvay postal clel'k. DecPmber HI, 1903, $900; probational appointment. OFJl'ICIAL GAZETTE 45 :Mitchel C. Bryant, stenographer, December 14, HI03, $1,200; probational appointment. H. C. Gray, postmaster, Calbayog, Samar, December 18, 1903, $1.400; promotion from clerk. class 9, Cebu post-office. F. R. Colling, steamboat postal clerk, December 14, 1903, $1,200; promotion from clerk, dass IO, :Manila post-oflice. Alex. B. Hulse, postmaster at Dagupan, December 9, 1903, $1,200; trnnsfer from ('Jerk. class !), ::\lanila post-office. G. H, Austin, clerk, December 18, 1903, $1,200; transfer from BurC'au of Posts to Manila post-office. Bartholomew French, clerk, .January 1, $1,000; transfer from postmaster, San Isidro, N. E. Franklin P. Blll;hey, clerk, Cebu post-office, January I, $900; transfel' from Bureau of Education. Sah·ador Kabigting, postmaster, San Isidro, January l, $360; transfer and promotion from deputy treasurer, :Nueva Ecija, $240. BUREAU OF PJIILIPPINES CONSTABULARY, Epifanio Fernandez, clerk, Kovember 24, 1903, $180; probn· tional appointment. lram P. Short, clerk, January 5, $1,200; probational appointment. Marcos Ventus, clerk, January 1, $300; probational appointment. Generoso Rono, clerk, January 1, $800; promotion from $i20. Mateo Bernaldo, guard, December 21, 1903, $240; probational appointment. Luis Torio, guard, December 22, 1003, $240; probational appointment. Emmit .\Vetsell, guard, December 24, 1903, $900; probational appointment, Homer H. Kuhn, clerk, ,January 5, $1,200; transfer from Fire Department, $1,400. Frank P. Waite, guard, January 6, $900; probational appointment. Robert T. Hughes, guard, January 6, $900; probational appointment. Damian Pangan, guard, January I, $240; probational appointment. James W, Claypool, hospital attendant, December 18, 1903, $900; promotion from guard, $900. Paulino Canla...<i, keeper, December 4, 1903, $300; promotion from guard, $240. BUREAU OF COAST GU . .\RD AND TRANSI'ORTATION. Julian Mamaril, foreman, December 10, 1903, $420; promotion from $360. Jose Valasquez, junior draftsman, January 5, $360; probational appointment. Diego de la Crote, watchman, December I, 1903, $i20: probational appointment. Abraham Gideon, assistant engineer, December 19, 1903, $2,000; )rfobational appointment. Department of Finance and Justice. BUREAU OF INSULAR TREASURY, Edward ·H. Jenning;i, clerk, January I, $2,000; promotion from clas!\ 6. William C. Johnston, clerk, January l, $1,600; promotion from class 8. Edwin S. Ely, clerk, January I, $1,600; promotion from class 8. Thomas K. Adreon, clerk, January I, $1,400; promotion from clitss 9. 12856-3 ),L J. Garrett, clerk, January I, $1,400; promotion from class 9. George W. Bri<lges, clerk, January l, $1,400; promotion from class 9. Elbert 1\.1. Woo<l, clerk, January I, $1,400; promotion from class 9. \\'illiam F. Gallin, clerk, January I, $1,400; promotion from class 9. Carlos T. Tirona, clerk, January I, $420; promotion from Class H. Catalino Pasahol, clerk, January l, $420; promotion from Class H. BUREAU OF INSULAR AUDITOR. A. X. Seibert, cl<'rk, ,January 1, $1,800; promotion from class 7. T. R. Lill, clerk, January 1, $1,600; promotion from class 8. Yervant 0. Conchegul, clerk, January l, $1,400; promotion from class 9. Santiago Mercado, clerk, January 1, $1,200; promotion from class 10. nt.:"REAU OF CCSTOMS A:>:D IMllIORATION. Agustin Bargas, harbor policeman, Xovember 21, 1903, $300; probational appointment. Miss Camille Glubetich, clerk, December 14, 1903, $900; probational appointment. A. ,J. Steen, clerk, December 2, 1903, $900; transfer from Police Dt>pal'tment, $900. A.H. Williams, fourth-class inspector, December 21, 1903, $900; transfer from clel'k, class 9, Bureau of Posts. ,John Pereira, clerk, November 21, 1903, $1,200; transfer from Court of First Instance, .Manila, $1,200. I•'rancia A. Adams, deputy coast district inspector of customs, December 3, 1903, $900; reinstatement. Pablo Nawt, clerk, December l, 1903, $600; promotion from guard, $240. Paul Newman, coast district inspector of customs, December l, 1903, $1,400; promotion from deputy coast district inspector of customs, $900. William W, Hoadley, storekeeper, December 22, 1903, $1,400; promotion from $000. Frederick J. Werner, fourth-class examiner, Decembe1· l, 1903, $1,000; promotion from $900. 1\.lrs. Clara E. Smith, clerk, December 14, 1903, $1,000; promo· tion from $900. Rufi.no Villafuerte, clerk, December I, 1903, $300; promotion from guard, $240. Manuel Reyes, guard, December 19, 1903, $300; promotion from $240. Guy Stratton, coast district inspector of customs, December l, 1903, $1,400; promotion from deputy const district inspector of customs. $900. Vicente Losada, deput:r coast district inspector of customs, December l, 1903, $600; promotion from clerk, $300. Lu1.urdo 1\.lunda, nightwatchmun, December 2, 1903, $240; probational appointment. Walker U. Anderson, stenographer, December 14, 1903, $1,000; transfer froin Philippine Civil Service Board. T. ·w. Cummings, immigrution inspector, December 22, 1903, $1.200; rt>duction from storekeeper, $1,400. ,fames \\7• Brown, teamster, January 1, $600; probational appointment. \\'illiam Kmiuber, watertender, January I, $780; probo.tiono.l n ppointrnent. BUREAU OF JUSTICE. Francisco Alfonso, junior typewriter, January l, $800; promo· tion from copyist, $:J6o. 46 OFFICIAL GAZETTE Grrgorio Talavera, interpreter at large, .January 1, $900; promotion from interpreter, l<'irst Judicial District, $GOO. Clemente Samson, clerk, January I, $800; promotion from clerk, $600. Adolph F. Decker, stenographer, January 5, $1,200; probational appointment. Jose Casimiro, clerk, December 1, 1903, $900; transfer from intnprcter, $1,200. Bonifacio Mort.ell, clerk. January 1, $600; promotion from clerk, $420. Department of Public ln.structio11. llt:llEAU 01'' EIH.:C.\TI0:-1. Ernest Staples, teacher of stenography and typ('writing, Manila Trade School, No\•embcr 23, 1903, $1,800; promotion from stenographer, cla,:;s i, Office Grncrnl Superintendent. Norton F. Brand, teacher, September 8, 1903, $1,200; prnba· tional appointment. Norman L. Downs, cle1·k, January i, $1,400; promotion fro.n Fred E. Tankersley, first-class patrolman, December 17, 1903, $900; reinstatement. William J. Scully, first-class patrolman, December 18. 1903, $!100; rf'instatement. Eduard C. Bens, first-class patl"olman, December 15, 1903, $900; probational appointment. Barni Duboski, first-class patrolman, December 16, 1903, $900; probational appointment. John H. Renner, first-class patrolman, December 16, 1903, $900; probational appointment. Cornelio Ramirez, third-class patrolman, December 14, 1903, $240; probational appointment. Pedro Buan, third-class patrolman, December 14, 1903, $240; probational appointment. Leonicio Cabrem, third-class patrolman, December 14, 1903, $240; probational appointment. Viwncio Canares, third-class patrolman, December 14, 1903, $240; probational appointment. .Juan Benjamin, third-class patrolman, December 14, 1903, $240; probational appointment. class 9. North \V, JC'nkins, stt'nogrnpher and typewriter, January $1,400; promotion from class 9. 7, pr~~:~io~::;~;~o~!~:d~~~~ss patrolman, December 14, 1903, $240; Pedro }.fasbe, clerk, January 6, $360; promotion from $240. Pedro de Leon, apprentice, January l, $0.40; promotion from class 5. llUBEAL' OF ARCUITECTt:RE. Charles F. Walden, stenographer and typewriter, January 5, $1,200; pri:ibational 11.ppointment. City of Manila. DEPARTllENT OF ENGINEERING AXD Pt:DLIC WORKS. Robert Woodfine, teamster, DC'eember 21, 1903, $i20; probational appointment. Oscar \Vegher, tcnmstrr, December 21, 1903, $720; probational appointment. Eduardo del :Mundo, engineer of launch, December 30, 1903, $360; probational appointment. Ariston }.farqm•s, assistant mginerr, January l, $300; proba· tional appointment. James A. Black, tramster, December 23, l!J03, $i20; probational appointment. I. C. Burnet, teamstrr, December 26, 1903, $720; probational appointment. Harris LoYine, teamstrr, December 28, l!JO:~. $840; reinstatement. Y. T. Hogan, teamster, January 3, $720; probational appointment. R. \\'. Haley, stable foreman, January I, $1,200; promotion from teamster, $840. Nicolas Torres, tC'amster, ,January 1, $300; promotion from $240. Timot<'o '.\Jolina, forC'man. January l, $420; promotion from $aoo. Jo~e Alcaraz_. clerk, .January l, $480; promotion from $360. Dnnicl l\I. ScitrC'y, fir~l-l'lass roundsmnn. D<"Cf'lllb<"r 16, 1903, $1,0oW; promotion from patrolman, $900. Anton Hohmann, first-('las.~ »f'l'~Pant, Dceember 16, 1903, $1,200; promotion from roundsrnan, $1.0:!0. Ern<'slo Lop<"Z. <·krk. DccC'mhl'l' 18, 1003, $480; lrunsfer from Hmcau o'f Ptiblic Hl'nlth, $300. Hot1ue Hanchez, third-class patrolman, December 14, 1903, $240; probational appointment. Albino Panerio, third-class patrolman, December 19, 1903, $240; probational appointment. Doroteo de los Santos, third-class patrolman, December 14, 1903, $240; probational appointment. Bert J. Berg, first-class patrolman, January 2, $!100; reinstate· mcnt. Leodegnrio Dccanay, third-class patrolman, January 4, $240; probational appointment. Norberto l\foJlari, third-class patrolman, January 4, $240; probational appointment. FIRE DEPARTllENT. Francis Ronan, driver, December 29, 1903, $900; probational appointment. :Myron H. Sako!, clerk, ,January 5, $1,200; probational appointnwnt. Forrest L. Cease, driver, Januar}' 6, $900; probational appointment. Lester L. Smythe, driver, January 6, l!JOO; probational appoint· nwnt. Louis X. Pally, dl'iv<•r, January 6, $!100; probational appointnwnt. Hoy J. Berry, driver, January 6, $900; probational appointment. Feliciano Tiantes, pipl'man, January 6. $180; probational appointnwnt. DEPARTMENT OF ASSESSUE:STS AND COLLECTIONS. \\"ill ,Jessup, clerk, Decl'mber 24, 1903, $1,200; probational ap· poiutment. Alfr<"d Beniesa, clerk, December 26, 1903, $900; probational appointment. Xorn1·t F. Payne, clerk, January 1, $1,200; promotion from class 10. Enrique Altabas, clerk, January 1, $1.000; promotion from C'lass C. l'rovi11c1'S. ILO('OS :SOllTI.:. Irineo Hanjo, clf'rk, Xo\·pmbC'r I, 1903, $120; probational appoiutuwut. OFFICIAL GAZETTE 47 ISALIELA. Tranquilino Benigno, clerk, December I, 1903, $180; probational appointment. LEYTE. Severino D. Gonzales, deputy treasurer, October i, 1903, $240; probational appointment. Pedro Manzares, deputy treasurer, December 7, 1903, $240; pro· bational appointment. Jose Barrios, clerk, December 10, 1903, $240; probational ap· pointment. Burdette A. Crumb, trellsurer, Sulu District, October 1, 1903, $1,600; transfer and promotion from chief clerk and deputy treasurer, Pangusinan, $1,200. Zeller H. Shinn, examiner. November 20, 1903, $1,500; transfer and promotion from clerk, office of provincial treasurer of lloilo, $1,080. Faustino Macaso, clerk, Cottabato District, December 15, 1903, $240; probational appointment. Of:CIDl:::'\'TAL NEGROS. Fausto Espeleta, clerk, Xovemher 1, 1903, $180; promotion from $150. PAMPA NGA. Cecilio ~er:r, clerk, December 4, 1903, P. C., 360; probational appointment. PANGASINAN. ).fariano .Padilla, clerk, Janual'y I,· $300; probational appoint111<'nt. ~umeriano Macasieh, clerk, January 1, $300; pl'ohational appointment. Domingo Jonllanos, clerk, January 1, $300; probational appointment. ROMBLON. Pablo Mal'ques, deputy, November 1, 1903, $360; pl'omotion from clerk, Class I. Ramon Menez, deputy, September 24, 1903, $240; probational appointment. Pablo Mayor, clerk, October 4, 1903, $120; probational appointment. SORSOGON. Jo;;e Melcndreras, chief clerk, January 1, $900; promotion from clerk, Class H. Aurelio Gutierres, deputy trea;;urer, February 1, $360; probational a ppointme:c.t. RESIGNATIONS AND REMOVALS. Resignations. Provinces. E. C. Montfort, justice of peace, Twin :reaks, December 31, 1903. BULACAN. Mariano Crisostomo, provincial fiscal, January 1. LAGt:NA. Andres Tandang, justice of peace, Los Baiios, January 2. Removals. Province.s. AllDOS CAllARINES. Benedicto Alvarez, justice of peace, Cara.moan, December 28, 1903. BATAAN. Jose Lerma, provincial secretary, December 22, 1903. SORSOGON. Santiago Roque, justice of peace, Bulusan, December 28, 1903. Contents. Public laws: No. 1036, providing for a loan o! $20,000, Philippines currency, to the Province of La Laguna. No. 1037, authorizing merchants aod others In the Pblllpploe Islands to export food products which have paid duty, for a limited period, and in lieu thereof to Import like food products, for a limited period, without payment of customs duty. Executive orders : No. 2, modifying Executive Order No. 100, 1903. No. 3, flxlog the omce hours for all Bureaus aod omces In the Phlllppine Civil Service. Decisions of the Supreme Court: Tbe United States vs. Pedro Maano et al. Vicente Gomez Garcia vs. Jacinta Hipolito. Opinions of tbe Attorney-General: Applkation of ad valorem tax. Presentation of cedulas. Delivery of captured arms and ammunition. Carrying of ti.rearms. President of Board o! Health not authorized to collect fees. Justic-e o! the peM·e; location of omce. Easements: dominant aod servtent estates. Municipal omcials; postmasters, salaries. Bureau of Customs and Immlgrat!oo: 0 Tarllf Decision CircularsNo. 347, razor hones. No. 348, handkerchiefs figured In the loom. No. 349, ( lJ lemon ftavorlng extract; (2) strawberry fruit juice. No. 350, horse clippers. Custo'lls Administrative CircularsNo. 269, fees !or admeasurement of vessels. No. 270, publishing A<'t No. 1026, Philippine Commission, fixing annual tonnage tax upon cascoes and similar vessels. Manila Custom-House General OrderNo. 59, convening board for tbe examloatton of applicants !or positions of master, mate, patron, and engineer o! seagoing \ 0 essels in the Philippine coastwlse trade. Appointments: By the honorable Civil Governor. By tbe Philippine Civil Service Board. l!('s!gnatlons and removals. Published by authority of the Insular Government under and by virtue of Act No 453, of the Philippine Commission. Vo1,, II MANILA, P. I., .JANUARY 27, HJ04. No. 4 (Sceond st11tistic11l 1111ml.wr. Vit11l St11tistic..~, ~oveml>er, l!J03. um\ sW.ti.~tics from buildings north of the parade ground and Calle Novalichei;, as far other Bureaus.] Pl:BUl' LAWS. [No. 1038.] AX ;\CT _.\i\rnXDL\'G .\CT xc:mn:mm :'\l~F. ~ll'\"IHOm ;\:\!) TIIIRTY-T\YO. ;\:"; .\l\.JE!\DED. ~O AS TO LO(':\TE TllE SEAT 01~ ~lU~ICIPAL GOYER~~rnXT 01•' nm ~IC\"ICI­ PALITY OF MALOLOS, OF THE PROVII\('E 01•' BCLA(';\1\. l:\ THE FOH).IER l\.H7\"H'IPALITY OF IBIL\SOAIX. Ry attlhority of the United Sia/(.~. be ii cuact;:d by tJu· l'hili/'liinc Ccm1111issio11, that: Sn:TIO.\" I. .\ct Xumbered Xi1w hunJn·d and thirty-two. cntith·cl " . .\.n Act reducing the tw<'nt~'·li\·c mnnicipalitic>< of the l'rovim·e of Bulal'an to thirteen," as aHwrnlf'cl. is hcn•hy further amcnd('d by ,;ubstitutiug th<' word '•Bara;;oain'' for thr word "Malolos" in the Ja;;t line of paragraph numbt•red oue of s1•cliou one tlwrcof. so that said paragraph shall read as follows: "I. The munidpality of )lalolos shall eonsist. of its present territory and that of the municipaliti(';; of narasoain and Santa Jsab('l, with the scat of the iuunicipal µowrnmcnt al the present 1mmicipality of llarasoain." . Si::c. 2. The public good requiring the ,;p('1•1ly enactment of this bill. the passage of the same ii; hC'reby 1•xpeditcd in accordance with section two of ".\n Act prescribing the onl('r of procedure by the Commission in the enactment of laws," passed September 1.wC'nty-sixth. ninC'tC'rn hundred. SEC. 3. Thi>< .\l'l shall take cffPet on its passage. Enacted. January 12, 1904. [No. 1039.] ~\X .\CT DEDICATJS(~ CERT:\LX POHTIQ);S OF THE PUBLIC LA'!\DS AXD TIUJLDIXC18 I~ Tlff'i l\IUKICIPALITY OF CAVITE, PHOVIXCE OF CAVITE, TO THB USE OF THE N"AVY DEPAR'I'i\IE~T OF THE CXITED STATES GOVERNME~T ..AS A NAVAL STATION, A;.l"D GRANTING CERTAIX OTHER PORTJOXS THEREOl~ TO THE SAID PROVIXCE A:-..TD CERTAIN OTHEH PORTIOXS THEREOF TO THE SAID MVXICIP . .\LITY. By authority of the United Stutes. be. it enacted by the Phili]Jpinc Coonmission, that: SEVTIOX I. The following pnblic lands and huildings in the municipality of Cavite, Provine(' of Ca\'itc, arc hereby dedieated to the use of the Xavy D(•partment of the United States Government as a lHtval stat.ion: (l) The 1trs1'11al and navy-yard, with all its buildings, inC'losur('s, and other structures, including the presidio. (2) The parade ground west of Fort San Felipe and the navy-yard g:atr und 1•ast of Calle Farnccio. ( 3) The old tobacco factory sonth of the paradC' l!J"Ollnd. ( 4) ThP old headquarters of the military l'nginl'('!"S, including lhc caskr!y part of the block west of Calle Farnceio and south of Calle Arsenal. (5) The lands and 12936 11"(',.,t as the li1w of trees on the easterly side of the paseo extending uorth from the curl of Calle habc·I Segunda, including the plaza and the old public market place. (6) The open land on the north watt•r front hetwc1•11 the liue of trees on the northerly side of the p:1>wo awl the ,.;c;l wall. from the said plaza and 1mirkct place west to aucl induding the salient north of the stntul! of Columbus.· pn•.-(•n·iug as a public highway the present road on the eastern ;rnd nortlwrn sides of the paseo. { 7) The land along the south wakr front from Calle l<'arneeio west to the southwest salient. 1 :->) Tiu• Porta-Vaga defenses. :-:t:I'. L The followi11g public lands and buildings in the said muni('ipality of CaYitc are l1e1·cb~' gra11ted to the said ProvincC' of ('a\"ih•: (l) The treasury building aud adjoining lot and shed on l':dll' .\r~wnal. (2) Tim lo,.t on Calle Arsenal facing the treasury huiltling and adjoining the Hl'eoleto convent. {a) The Govern11wut house on Calle Jsabel S1•gunda. (4) The Ca,·itc high school ncar the boundary bet.ween the former municipalities of Cavite and Sau Roque. 81·:c. :1. The following public lands and buildings in the said municipality of Cuvite are hereby granted to the said municipality: (I) The undedicated portion of the paseo extending from the north end of C11lle Isabel Segunda, passing the statue of Columbus, to the northwest salient, to be kept. open as a public thoroughfare. (2) The nortl1west salient. (:I) Soledad Square. (4) The isthmus leading from Porta-Vaga gate toward San Roque, to be kept open as ll public thoroughfare. ( 5) The southwest salient. SEC. 4. The public good requiring the speedy enactment of this hill, the passage of the same is hereby expedited in accordance with M'etion two of "An Act prescribing the order of procedure l1y the Commission in the enactment of laws," passed September lwC'nty-sixth, nineteen hundred. sn~. :"i. This Act shall take effect on its passage. Eua(·kd, January 12, 1904. EXECU1'TYB ORDERS. THE GOVERNMENT 01•' THE PHILIPPINE ISLANDS, EXECU'l'IVE BUREAU. MANI·U., Jan,uary 11,. 1904. EXEC~~~~. 0RDEll } The time specified by Executive Order Numbered Eighty-four, »<'rirs of nineteen hundred and three, for the completion of the revision of the real-estate tax-assessment list for the Province of La Union, that is, November first, nineteen hundred and three, is hereby extended to April first, nineteen hundred and four; and the date specified by the saicl executive order as that upon which I he payment of taxes under such revised assessment shall become dP!inquC'nt, that is, February first, nineteen hundred and four, is also t•xtl'n<lcd to :\Jay first, nineteen hundred and four. LUKE E. WRIGHT, Acting Oivii Governor. 49 50 OP~FICIAL GAZETTE DECISIOXS OF THE SUPREME coun1·. [No. 1167. December 16, 1903.J In the matter of the suspett8ion from the practice of the law of fl. S. MacDOUGALL. •1. INJUNCTION; ORDER 1:11 EXCESS OF JURISDICTION.-Under section 164, clause 3, Code of Civil Procedure, the order ot injunction must be based on some right respecting the subject of the action and tending to render the judgment tnefl'ectual; and tr the Injunction embraces property not In litigation the coUl't granting the same acts ln excess or jurisdiction. 2. In.; CONSTRUCTION OF 0RDER.-Where, In a suit for recovery of real estate an Injunction was granted prohibiting the doing of certain enumerated acts on the haciendas San Luis and La ConcepclOn, among them from destroying "fences of the same," the haciendas comprised an area of over 3,956 hectares and the land tn con· troversy only 446 hectares, and there were separate and distinct fences enclosing the lands Involved in the litigation, held, that the phJ:"ase "fences of the eame" contained In the order must be construed as Including only such fences as were situated on the haciendas and on the land Involved In the litigation. 3. ATTORNEYS: DlSBAllMENT.-The dlsbaJ:"ment of an attorney under section 21, Code of Civil Procedure, la not tor the purpose of punishment, but to protect the admlnlstJ:"atlon ot justice. The acts tor disbarment should be such as aaect the attorney's qualifications. Articles 356 and 357 of the Penal Code and section 236 of the Code of Civil Procedure are Intended as punishment for dereliction of duty and tor ordinary cases of disobedience ot orders, etc. 4. PLEADING AND PRACTICE: DISBARMENT.-See proceedings had In Court ot First Instance for disbarment of an attorney: Held as In violation ot the right to a run opportunity to answer, etc., under section 25, Code ot Clvll Procedure. REVIEW of an order of suspension from the practice of law. The facts are stated in the opinion of the court. w. H. LAWRENCE, for petitioner. Attornf>y-General WII.FLEY, for respondent. COOPER, J.: On December 24, 1902, the Court of First Instance of the Province of Isabela made and entered an order against Robert S. MacDougall, esq., by which he was suspended in the exercise of his profession as attorney at law in all the courts of the Philippine Islands, and it was directed that a certified copy of the order of suspension and a statement of the facts upon which the same was based should be transmitted to this court for investigation and for the making of such final order of suspension or removal as the facts should warrant. The suspension was for the alleged willful disobedience by the defendant of the order of the Court of First Instance made in a certain action of ejectment therein pending, in which the Compai'iia General de Tabacos de Filipinas was the plaintiff and Miguel Tupefio and eighty-fi.\•e others were defendants. By this order a preliminary injunction was granted in the case and the defendants were enjoined from committing cert.a.in acts on the property involved in the litigation. 1'he particular clause of the order which it is claimed was violated was that in which the defendants in the suit wt>re prohibited from destroying the fences on the haciendas of San Luis and Ia Concepcion. On the 17th day of March, 1902. this court appointed a commissioner to take proofs in the case. Additional testimony was taken and the same has been returned to this court. It is contended by the defendant ( 1) that to constitute a violation of an injunction, the act complained of must be such as is directed against the interest in the litigation for the protection of which the injunction was issued; and that none of the eighty-five defendants, parties to the original suit, claim any interest in the land upon which the fence cut was situated and therefore that there was no violation of the injunction; (2) that the cutting of the fence was necessary in ord<"r to open a public road which had been in use for thirty years and which was th!"! only means of ingress and egyess to the lands of one Lacaste, with whom the • Headnotes by Mr. Justice Cooper. defendant had business relations, the entry of the defendant being for the purpose of visiting the house of La caste; ( 3) that if the conduct of the defendail:t in cutting the fence was in fact a violation of the injunction, still, the evidence indicates that the defendant's purpose was not a contumacious violation of the order of the court. The most imporlant question in the case is, \\'as the fence at tlie place where the cutting occurred covered by the order of injunction; or, in other words, has there been, in fact, a viohttion of the injunction? The order restrained the defendant from doing certain enumerated acts on th!"! haciendas San Luis and la Concepcion "and from destroying fences of the same." To determine the question it becomes necessary to consider the evidence with reference to the situation of the hndendas San Luis and la Concepcion, the situation of the land. the subject of the litigation, and the situation of the fences for the cutting of which the suspension proceedings were had. The testimony shows that the haciendas San Luis and La. Concepcion, in their entirety, comprise a large body of land lying on the Cagayan River, containing about four thoqsand hectares; that within the bounds of these haciendas were located the lands involved in the litigation in the principal suit, embracing about 446 hectares; that there were also other lands situated within these haciendas, claimed by different persons, whose ownership was not disputed by the company, among which was a tract of land belonging to the wife of Lacaste and around which was constructed the fence cut by the defendant; that besides this there were other tracts of land held by persons who claimed adversely to the company and who were not joined in the suit, one of whom was Teodoro Bulasan; that the tract of Lacaste so inclosed, and upon which the fence cut was situated, was of the shape of a trapezium and contained about four hectares of land, one side of which lay along the River Cagayan; that the said fence was constructed by the company around the land of Lacnste, with the evident view of segregating the land of Lacaste from the land of the company, and was so constructed as to completely cut off from all ingress and egress the land of Lacaste, except such as was afforded by the River Cagayan on the north of his tract; that then• formerly was a road running through this Lacaste tract, dividing it into two nearly equal portions; that this road had been the traveled route from the town of Ilagan, passing through Naguillon and crossing the estero Conayan, leading thence to C11.uayan; that this road passed through Lacaste's land from east to west. The defendant, MaeDougall, accompanied by others, 'vas, at the time of the cutting of the fence, traveling along this road, proceeding from the house of Lacaste toward Cauayan, and. on encountering the wire fence across the road, caused the strands of wire to be- cut and removed so far as they obstructed the passage. The fence so cut was situated at the point at which this road entered the west line of the La.caste tract, the La.caste tract lying within the inclosure, and the tract on the West, or out.side of the fence, either belonged to La.caste, Teodoro Bulasan, or the plaintiff company. The testimony of the witness Lineau, as well as that of Lacaste, was to the effect that the land at the point where the fence was cut was owned on both sides of the fence by Lacaste; while the testimony of Bulasan was that he owned the land on the west side of the fence. The company also claims to own the land on the west side. The preponderance of evidence. WI"! think, supports the view that the land on both sides of the fenel"! cut belonged to Lacaste's wife. But it is immaterial whether the land on the exterior or west side of the fence was owned by Lacnste or hy Bulasan or by the company, for it appears very clearly that it was not claimed. by any one of the defendants in the original suit nnrl that the fence cut was not on the tract of land in litigation. The metes and bounds of the haciendas San Luis and La. Concepcion were not shown in the order granting tlie injunction, nor OFFICIAL GAZETTE 51 -- --------------------- --------is il "hown in nny doeument contained in lhe record of the case. The ordrr wus ·'ngainsL the cutting of the fences of the same." It appears from the t•\·idem·e that there wm; no rxlerior fence complcl<>ly inclosing these haciendns; that there were separate and distinct portions of fences on what ii:i claimed to be their exterior lines; that berddes, there were separate and distinct fences in<•lOfling some of the lands held adversely by the defendants. The question is, Are we to construe the order of injunction as prohibiting the cutting of any fence situated on the entire tract of 4,000 hectares, or did it refl•r to the fences on the tracts of land in litigation held by the defendants, containing only about 446 hectares? The grounds upon which I.he application for the writ of injunc· tion were based do not appear in the record; nor does it appear from the record or from the proofs in the case where the particu· lar lands owned by the defendants were situated. This is left entirely to conjecturr. \Ve infer from "the order that the injunc· tion was granted to prevent waste on the land involved in the litigation and that the application and order was based upon clause 3 of section 164, Code of Civi1 Procedure, which provides that a preliminary injunction may be granted when it is established lo the satisfaction of the judge granting it "that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act probably in \"iolation of the plaintiff's rights respecting the subject of the 11ction, and tending to render the judgment ineffectual." The subject-matter of the action was the particular tract.J; of lund cl:timed adversely by the defendants in the original suit, itmounting to about 446 hectares. The land at the point at which the fence was eut was not the subject of the action, and nothing done at thts point could in any way tend to render any judgment which might be rendered in favor of the plaintiff ineffectual. As before stated, neither Lacaste nor Bulasan were parties to the suit. The plaintiff did not claim the land within the inelosure, nor was the land on the exterior of the fence at the point where it was cut claimed or held by any one of the defendants who were made parties to the original suit. Our construction of the order granting the injunction is that the fences which the defendants were enjoined from destJ:oying must be construed as being such fences as were situated on the land the subject of the action; otherwise the court in granting the injunction \vould have done that which it had no authority to do under the statute. This construction harmonizes with the spirit and purpose of the order, which was to protect the rights of the plaintiff in the subject of the action. It is not necessary to determine if the order had specifically identified the fence at the point at which it .was cut and had dearly embmced it, whether the court acted in excess of its juris· diction and the defendants could disregard the order. l'he prope1· practice in such cases would be to apply to the court for a modifi· cation of the injunction. Upon the question as to whether the conduct of the defendant in cutting the fence was such a willful disobedience of the order of the court as to justify his suspension or disbarment, had the injunction emb1·aced the ~cnce which was cut, we are clearly of the opinion that it was not. Hobert Uneau. a witness for defendant, testifies that on the 23d day of Novembt>r, 1902, in company with the defendant, :Mac· Dougall, he went from Ilagan on horseback. passing through ~faguillon and following the public road which led from thence in the direction of Cauay1m. On arriving at the barrio at the north of the Estcro de Conayan, a short distance from its mouth, near the residence of Lo.caste, they took a bttnquilla. in order to ctilrr the premises of I~acaste, lea\'ing their horses on the outside of the inclosu1·r in the hands of somr nath·cs, who carried them from thenre t.o the housr of J,acnste by 11wimming them oubide of the wire fence, which entered sevc1·al meters into the rfrcr. The defendant and the witness arrived at the house of Lacaste about I o'clock in the afternoon, and on the same e\·ening. about 4 o'clock. the defendant, having finished his business with J~acuste, mounted his horse, and, accompanied by the witnesi. and other persons whom defendant had met at Lacaste's house 011 business, went down the road, their destination being Cauayan. When they reached the point on the road which was obstructed by the fence, finding their passage obstructed, the defendant, MacDougnll, directed the wires to be cut. The fence was cut and the obstruction removed from the road. That there was no disturbance at this time and on this occasion is ·evident from the fact that none of tl1e employees of tl1e company were present at the time of the cutting of the fence. On the next day MacDougall and his party returned to where the fence was cut and found the employees of the company repairing the fence. The proof shows that a number of the party were arined with bolos, and the witness Balbas states that "their attitude at first was not very tranquilizing, but they committed 110 act of outrage against me or against my company." This seems to ha\"e been the circumstance upon which the court based its order of disbarment and which, in the language of the decision of the judge, "almost constitutes the crime of sedition." but it is pel'fectly apparent that on this occasion the defendant's acts had no connection whatever with the cutting of the fence. After the exchange of some intemperate language the defendant and his party left, without in any manner- interfering with the employees of the company engaged in the repairing of the fence. As to whether the road a.t the point where the fence had been cut the day before was a public road, it is not necessary to deter· mine. The testimony of Lacaste and other witnesses show that it had been traveled as a public road for thirty years and had only recently been closed by the eompa"ny. Tbere is much evidence also contained in the record of acts of oppression upon the part of the plaintiff company, such as keeping an armed body of police, to the number of ten persons; as to unlawful arrests made by the employees of the company of the people living in the community; that on a certain occasion, a. short time before, the sheriff, being instigated by tl1e employees of the company, acting under a writ of restitution which did not embrace the property on which the house was situa.ted, had torn down the residence of the wife of I~acaste, wlnle 11he was in the house, on which occasion Lacaste and wife were despoiled of a large amount of money nnd valuables by unknown persons; and such acts ns the fencing in of the land of Lacaste without his con· Jo;ent so that no ingress or egress was left to him except through the River Cagayan. Evidence wns also introduced concerning the illegal detention of the wife of J..n.caste and the quartering by the ,.;heritr of himself and those accompanying him at the house of one Respecio, against his consent, which acts appear to have been the principal cause of the disturbance oceuning at this time. If the defendant, MacDougnll, or any of those persons attending him, or if the employees of the company were guilty of such conduct as would subject them to punishment under the criminal laws, tl1e courts of the country should have been resorted to and criminal prosecutions instituted, instead of the attempt on the part of McDougall to right the supposed grievances of the people of that community, or on the part of the company to protect itself against aggressions on the pnrt of the defendant, MacDouga.11, by disbarment proceedings. The evidenl!e of such acts should not have encumbered the record in this cue. The language of tl1e clause for which the suspension or disbar· ment was ordered is "for the willful disobedience of any lawful orde1· of the Supreme Court or the Court of First Instance." From this language it is to be inferred that something more was t'ontemplated than a mere disobedience. which means, in common acceptation, neglect 01· refusal to obey. The word "willful" has been supE"radded and com"cys the idea of flagrant misconduct such 52 OFFICIAL GAZETTE as would indicate a dbposition of the <lcfcndanl so refrnctory in its nature as to affcci his qnalificalion for the further exercise of his office as attorney. The disbarment of an attorney is not intC'ndc>d as a punishment, but is rather inWnde<l to protect the administration of justice by requiring that those who exercise this important function shall be competent, honorable, and rdiable; men in whom courts and clients may repose confidence. This purpose should be borne in mind in th<> exercise of disbarment. and th<> power should be exercised with that caution which the serious com;equeuces of the act.ion involves. The profession of an attornry is acquired after long and laborious study. It is a lifctimc profession. By years of patiencli', zeal, and ability, the attorney may ha"c acquirr>cl a fixed means of support for himself and family, of great pecuniary rnlue, and the deprivation of which would result in irreparable injury. For dereliction of duty on the part of an attorney. articles 356 and 35i of the Penal Code prodde a punishment. By article 356 thC> attorney or solicitor who, in malicious abuse of his profession. or who, through inexcusable negligenct> or ignorance, shall prejudice his clients or disclose their secrets, of which he had gained knowledge in the course of his professional duties, is punished with a fine of from 625 to 6,250 pesetus, with disqualification for a certain period of time. An attorney may also be punished under the provisions of article 232 of th<' C'ode of Chi! Procedme. as for contempt, for "disobedience or resh;tance to <l lawful writ. process, order, judgment, or command of a court, or injunction granted by a court or judge." And under section 236, one who is guilty of such contempt may be fined not C'Xcceding 1,000 pesos or imprisonment not more than six months, or both. If the contempt consists in ihe violation of an injunction, he may, in addition, be compcll<'cl 1.o make restitution to the party injured by such \'iolation. The punishment provided in the Penal Code and in tlw articles abO\'C referred to for contempt would seem to be sufficient to pre\'cnt a mere obstruction in the administration of justice, except where the facts are of such a character as to elfoct the qualification of an attorney for the practice of his profession. The !;Uspcnsion of an attornl'y from practice, while it is correctiom1l in its nature, should be directed with a due rrgard to the effect of such suspension upon the uttonwy as well as the' client. As happened in this cusc, there was the intcrl'st of a large number of clients and important rights in\"Olved. The attorney wns suspended before final judgment um! before he had prepared the bill of exceptions for the 1·r,·ision of the <'HS(' by this court on npp<'aL in the preparation of whieh hi,; SC'l'\'i('t's conhl not W<'ll bl' sup· plied; besides, it has rei;ultC'd in the intC'rruption of his business as an attorney for ncurly one }'<'Ill'. It is further to be obsened that tlw Court of First Instanc<' did not proceed in the case of the suspension 01· disbarment of tlw defendant with that regard to the rights nf thr deft>ndant whi,·h should charaeterize the action of a court of justicl'. Sel'lion 25 of the Code of Civil Proeedurn proYid<'" that "Ko lawyer shall b(• removed from the roll or be suspcndl'd from the prl'formance of his profession until il<' has had full opportunity to answer the charges against him and to produce witnrsses in his own b('half nm! to be heard by himself and counst>l if he so desires, upon reasonable notice." What is a reasonable notic<' is not stated in this section of thr law. but in civil cilses, ordinarily of no grPatcr importance to the inkrcst of a 1ierson than a disbarment proceeding to that of an attorney, and often not of a more complil·at<'d natm·p or pres<'ntini;i: questions of fact aml law more intricate. after the complaint j,; filed. a summons must be i,;sucd requiring the defendant to appear wiUiin twenty dnys. if tlll' summons is scn·<'d in the pro\'iill.'C' in which the nciion is bro11ghL within forty days if ,:.er\'rd <'lscwll<'rC'. Tlw rill<'"- of this c•onrt require thnt a defendant. after his appcaranc(' has been entered, shall !\('l'\'e and file his answer or demuncr to the complaint within tt'll days af'U!r he has entered his appearance. Besides, a party in an ordinary civil action, where he has exercised due diligen(·C' to produce his witnesses and at the day fix<'d for trial is unable to procure their attendance, is entitled to a postponement of the hearing until such time as he may be able to secme their attendanC'e or take their depositions in a prnper case. In this case it appears from the affida,·it of the defendant, :MacDougall, that on the 28th day of .N"ovcmbl'r, 190:?, he was cited to nppear by the Court of First Instance and show cause why he should not be disbarred or suspended from the practice of his profession as an attorney, on the complaint of the plaintiff in the original suit, the Compaiifu General de Tabacos de Filipinas; that on the said 28th day of No'\'ember, 1902, he wits saned with the order of the C'Ourt to app('1ll' at 3.30 o'clock p. 111. of said day and make his defense to the <·harges preferred by said company; that he appeared at the said hour and, after making formal denial of the charges alleged against him, asked for reasonable time within which to 'present his defense by means of witnesses to be produced by him; that the judge denied the defendunt the pl'ivilege of so doing, then and there ruling that he must present his defense within the space of twenty-four hours; that he objected to this ruling as being unreasonable and contrary to the statute and asked to be gh-en further time to ha"c the attendance of material witnesses, one of whom had left the town of Ilagan for the military post of Salomague, Province of !locos Sur, three days prior and that it would be an impossibility to have this witness return within less than a week, nor could h<' obtain his deposition within a less time; that other witnesses in his behalf lived at the ranchos of :Minanga and Mabantad, distdct of Cauaya, and that it would not be possible to have them appear and testify in the limited time of twenty-four hours; that the judge peremptorily ruled that he would be given twenty-four honrs and no longer within which to present his defense to the charges preferred against him; that by such ruling he was denied an opportunity io answer the charges and to produee his witnesses; that on the lst day of December the case was reopened to take the testimony of the sheriff, a \Vitness for the plaintiff; that after the direct examination of the sheriff by the judge this witness was turned over to the defendant for cross-examination; that all material questions asked by him were objected to and disallowed by the comt, to which ruling he excepted; that the exceptions were not noted in the record; that notwithstanding the summary manner in which the defendant was forced to trial, the order of the judge suspending him from the practice of his profession was not made for twenty-six days and was rendered immediately after having decided the main case in favor of the plaintiff, in which case he was the only counsel for the defendants. The action of the court in thus summarily placing the defendant upon trial without a due opportunity of making his defense and procming the attendance of his witnesses not only resulted in depriving him of the right to which every citizen is entitled, but it has necessitated the taking of the testimony of the defendnnt's wiin<'SS<'S in this court, and has occasioned great delay in the clisposition of the case, all of which could have been avoided by gfring the defendant proper time for the preparation of his d<'fense. The judgment of the Comt of First Instance suspending the dC'f Pndant should be set aside nnd nnnulled. and it is so ordered. The C'O.'<ts of the prosecution are adjudgC'd de oficio. :\rrellano. C. J., Ton'('S, i\Iapa. and ;\[eUonough, ,TJ .. 1·011cm·. \\'II,LAlm,J.: I l'Oncur in the reRult. .Johnson. ,r.. did not sit in thi" t·asc. .f11dgmcnt rcver.<;cd. OFFICIAL GAZETTE 53 STATISTICS FROM BUREAUS OF THE INSULAR GOVERNMEN'l'. BOAHD OF HEAJ,TH FOR THE PHILIPPINE ISf,ANDS. l 0 ilal ,qfa.fislic.<> for the month of November, 1903. LETl'Elt o~· TRANSMITTAL. MANILA, P. I., December 29, 1903. Sm: I have the honor to submit herewith the report of the Board of Health for the Philippine Islands and the city of Manila for the month of Kovember, 1903, and would invite your attention to the following points: The number of deaths occurring during the· month among infants less thun 1 ;p·ar of age amounted to 58.5 per cent of the total deaths occurring in all classes and ages of the city population, and the deaths among Filipino infants under the age of twelve months represented 65.5 per cent of the entire number of deaths occuning in the whole Filipino population. The principal causes of mortality and more important diseases entering into the same, with the total number of deaths therefrom and the number of deaths occurring from the same under the age of twelve months, were as follows: -------~---------i--- I Deaths I amoJJg Total f~~I~~=~ deaths. twelve months of age. bwrl for the future the gratuitous issue of a yard of flannel to (•;tch infant who>ie parents are financially unable to procure suitable clothing for its proper protection against exposure during the first few months of life. lt is anticipated that by tlw~r measures, the recent opening of two n1•w free dispensaries, aml the proposed employment of additional municipal physicians and midwives, the infant mortalitv will ·soon show a considcrnble decrease. • During November then~ were 2 draths from bubonic plague, both in Filipinos. Prophylaetic inoculations against plague haw been so generally earried ont among the Chinese as to la!·gely protcet that especia1ly susceptible class against this disease. During the month there were 2,157 primary and l.515 sC'condary antiplague inoculations made among the Chinese. There were 23 deaths from Asiatic chol<'ra among l"esidents, of which none oceurred in whites and but 2 in Chinese. There were also 3 deaths from this disease among transients. Following the sudden out.break in 8eptemher. of which mention was made in the rC'port for that month, this disensc h1\s steadily yielded to the repres;;ive measures taken. Although during the month a number of cholera cases occurred on the drainage area of the city water supply, the special efforts of the Board of Health have successfully prevented the infection of this supply. Bel"i-bcri caused 36 deaths. of which 13 occurred among Chinese; while smallpox. caused 2 deaths, of which 1 was in an American. During the month a site for the permanent dock and dumping station for the sca"enger barge Pluto was secured on the south bunk of the Pnsig River in the rear of the i\Iaestranza, and plans for the construction of such dock and dumping station were ConYulsions of children _ ---------------- __ --------- ___________ _ r~:,~c0~~~Kctfi~f;~~,~~~~:::::::::::::::::::::::::::::::::::::::: ~~~~';:f.;~~~o~~if3i~~~~!_::::::~::::::::::::::::::::::::::::::: "" .. " 58 41 36 33 34ii prepared. The immediate construction of twenty-the free public 62 latrines and urinals of twenty seats capaeity each was author~ ized and sites secured for the same at suitable points. ~ The laws in respect to scavenging were changed to meet the 28 new conditions arising from the operation of the scavenger barge ~ Pluto. By reason of its improper loeation and unsunitnry cong dition the Tondo Cemetery was ordered permanently closed in 0 respect to further interments therein. Two thousand copies of a g pamphlet on the nature, prevention, and treatment of Asiatie 4 (·holera, published in English and Spanish. WC're ordered printed g for distribution to physicians and others. Berl-bcri ------------------------------------------------------Meningitis---------------------------------------------------Congenital debility ____________ ------- __________________ ------ _ Chronic diarrheu and entcritis--------------------------------~~i~N!c~lo-!Cr&::::::::::::::::::::::::::::::::::::::::::::::::: Mt1 la rial fevers _ ------ ------- ----------- ---- ----------- -- ---- --~~1;rrCr~f~~~~';i;~~-::::: :::-:::::::::::::::::::::::: :::: ____ _ T\·phoid fever -------------------- -------------------------1•etan11s -------------------------------------------------------smallpox ____________ ------------------------------------------"' 2fa ,. Bubonic pl11gue -----------------------------------------------t?&h~~rifl::::::::::::::::::::::::::::::::::::::::::::::::::::: 23 16 12 10 8 7 2 2 1 1 g Very respectfully, E. L. MUNSON, In the above list there appears a total of 404 deaths among children who have not completed the first year of life, from causes Yariously reported as convulsions of children, eclampsia, and tetanus. Of these 158 occurred within thirty days after birth. The more prominent symptoms presented by these three causes largely resemble each other, and it is believed that the latter are often confounded with each other, particularly since deaths of this class largely occur in the absence of medical attebdance, and the death certificates in such cases must be made out on the basis of the symptoms given by members of the family. There is strong reason for belief that the deaths occuring in the fi1·st month after birth and attended by convulsions chiefly depend upon tetanus infection ut the umbilicus, due to the hnndling of the unhealed stump of the cord with unclean fingf'rs and the common local practice of massaging the abdomen of the newborn. The other deaths among infants reported as o<·curring from eonvulsions, debility, and bronchitis, proba.bly result iu large part from exposure, due to nonuse of sufficient. clothing depending upon PO\'erty or ignorance. The common prnciil'c by the poorer classes of allowing children to remain prncticnlly unclothed during the first few years of life can .scarcely fail to result in chilling at night or during stormy Wl'athN. The abo,·c causes of an unduly high infant mortality should bt• largely preventable. For their pren•ntion the Board of HcalLh has prcpar<'d n popular circular on the treatment of the newborn and th(9care and feeding of infants, and has also authorCaptain and Assistant Surgeon, U. 8. A., Acting Oommis8ionei· of Public Healtk. The SECRETARY OF TUE INTERIOR, Manila, P. I. ----------------------------------------------------------219,941 Total _________________________________ -----------------------Ann11ul <leatli tale Jll'r lhousrrnd.fnr the nw11th. A\·cragc _____ _ Under 30 days----[kaf/11;byag1·. 30 dnys to l ycnr _____ _ l ~·enr to 2 YC't\r.< _________ _ 2 yC"arsto5 yenrs -------------------5yearsto10 years ____________________ _ 3 92'2 ,; I 43 0 S.3'2 .'19.lf> -- :N.O..~ - 10.90 -- :.H.65 0 ----- .;3.91 10"2 "" "' 31 10 54 OFFICIAL GAZETTE nemf111 by age-Continued. 10 ~·l'nrn to J.'j yea!'l'; ---------------------------------------------------------- 10 J;;ycurslo20years.......................................................... 16 :mycarsto2.">yeors __________________________________________________________ 38 25yearsto30years__________________________________________________________ 46 30yco.nito40yeal'll __________________________________________________________ 80 ~Oycan;tofl(Jyeara_________________________________________________________ f/7 fiOye11.rsto60yearH--------------------------------------------------------- 38 60ycarsto70yeo.r:s__________________________________________________________ 22 70ycanito80years__________________________________________ 16 80 yeani to OOyeani ______________ ---------------------·····- 10 90ycarstolOOyeara.________________________________________________________ !l lOOyear.;tollOyean; ___ ---------------------------------------------------- l Unknown------------------------------------------------------------------- 8 llALEB--<fmtinued. Sailom ________________________________ _ Shoemaker ___________________________ _ Lawyer_______ -------------------Farmers ______________________ . --------------------Barber----------------------- -------------------------·-----------Chalrmaker -· -----------. ------ ______ ----------- ______ -------- __ ·Traders ________________________________________ _ Cashier __________________ -------------------------------------------~!~~:i~~~=::::::::::::::::::::::::::::::::::::::::::::::::::::::·-2 I ~ I I IO I I I I Total_______________________________________________________ -------- 107 1'ot.Q.J _____________ --------------------------------------------·---·-·· 1,026 FEMALES. ~ ~~1S::::.:::::::::::::::::::::::::::::::::::::::::::=:::::::::::::::::: :~ 83 Cigarette makers·----------------------------------------------------------- 10 Deallu!bydklricts. \\'11\led CitY----------·-------------------------------------Binondo ____________________________________________________________________ _ !:Ian Nieolo.11 _________________________________________________________________ _ ro~ ~~~nt·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ Paco __________________________________________ -----------------------------Ennita __________ -------------------------------Malatc .-.. ----------------------------------Pand&can ----------------- -- - ---------------------------&int.a An11. •• ---------------------------------------------------'l'ran11ientre!lidcntll --------------------------------------------------------l'nkno11·n ------------------------------------------------------------------40 105 s; "' 19 " 14 16 " ' Total _________________________________________________________ -------- l,O'l6 Numbt'r of deaths with medical attendan<'C-------------------------------- 483 Number of dcn.ths without medical attendance_____________________________ 593 Total------------------------------------------------------------------ 1,026 Twenty-five of above were stillbirths. ,1 cl.almjledreportofalldeaU1& occurring in. ,lfanila during the month of November, 1903 (including 6E transients in Manila). Total------------------------------------------------------------ ______ °"4s Grand total. ___________________________________________________________ = Birt'1.sreportedi1i 1Voi•einber, 1903.1 ' ----------------------------------------- 39i 5 0 I 3 Total1.< -·--···---------------------------------------------- ------------"""lli 11ncomplete. Annual birth rGUper thorn.~ "l.dfQ1' the month. ---------------------------·-------------------------------16.64 ----------------------------------------------- 0 --------------------------------------------------------- 5.24 ------------------------------------------------------------ 0 MALES. Married--------------------------------------------------------------------\Vidowers __________ ·------------------------------------------------------ :: A.II others ______ :::::::::::::::::::::::::::::::::::::·:::::_::::::::::::::::: 3g:~b Slngle •• --------------------------------------------------------------------Boys ________________________________________________________________________ _ Condition no.t stated in certificates--------···-----------------------------" 842 19 Total --------------------------------------------------- 063 FEMALES, Married ............. ----------------········-····------···········---------- 75 Widows--------------------------------------------------------------------- 27 ~11~fL~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~ Condition not st.ated in certiftcates ----------------------------------------- 4 Toto.! __________________________________________________________________ 463 GrandtotaL.---------------------------------------------------------- 1,026 Stillbirths, 25. Report of deaths oceur~ng in Dilllnd Ptison during Uie month of November, 1~. I~~: . C•u.se of dea.th. I Presidio. I Ce.reel. , 'fa't _____ M.F.M.F.I ~~~~!~~1-}~~J Of the above CllSCll 18 were single a.nd 12 married. All intennents were made Average·--------------------------------------------------------------~ Report of i.<ick and WOttnded cily poor attended by municipal phydcio.m during lhe11wnthofN01reinber,1903. -:,';~;.~:;A~~ .::--:hild:~pin:u. lt.~. i I Cured.· 1 Deaths. :e~~f ;~~'~'~'.~~'.~·_i•=V: ", 11~ ·:. i F9 : ,, ",11~-ll MrO vi•:: No, 2, Tondo, Dr V Pan toJ&. -------- - - ----- 1 7 13 11 32 6 11 6 5 130 Nirfe1~~.'.':_~~-~_1'--=---~~-6 5 14 11 361 11 I g 4 4 76 No 4 Santa Cruz, Dr C I N:e~~&lm.-p&iOC~-nr···--- s 1 6 19 11 sg lfi lo I s s 250 N~t'i~i~mu"Ms~-.15;--R-21 I 16 20 25 I s2 21 21 II , ' I 212 Perramon ------- ----- 11 14 16 30 71 12 28 7 5 HM No 7, Paco, Ermita, Dr. C ' Mora _______________ ----_:!_1~1~l...!.:_~1~~~~I~ -~~-~~--~ -=--~-- ~-~58 I ~9 l_~-~3~~L~_I_~ I 87f·™ ,Vonthly repm·t of San Lazaro J/06pilal, leper and wom.en'B W>partmi:nl, jtJr Jr,"ovcmber, 19011. -----------------: I~~::: i_P~~~~ l~Ta~~J~~~ in Loma Cemeterr. Of the total number of deaths occurring during the month of Number of patit'nt.~ in hospital nt last I i a 1 14 j 28 , r ~~~~~~~~~\~~~~~~1;~;~~~~~;~~.~~~:-~~~·:~~ i~rn~i~~~~~~E~;~~~;,;1::::::i:1------~-!-----:~-1-----:-:- ~ Tnilors. _______ ·------------------------------------------------------------- 4 Conchmen _______________________ ··------------------------------------------ 7 J<:mbroiderer ___________________________________ ·---------------------------- 1 Cnrriers -------------------------- -----------------------------------·------ 2 Gtttckecper.;:----------------- __ --------·---------------------------------- l Carpeuters _______________ " ___ " --------------------------------------------- 5 Confectioner ________________ ----------------------------------------------- l Me.sons ________________________ ------------"·------------------------------- 2 Pireman___________________ ------------------------------------------ l ~y;~':!aken:::::::::::::_:::::-:::::::::::::::::::::::::::::::::::::::::::: ~ Musiclan __________ J_________ ----------------------------------- l Messengers_________________________ -------------------------------- 3 Merchants ______________________ -------------------------------------------- 5 P1ti11ter.-----------------------· -------------------------------------------- 1 Clerks _____________________ , ___ --------------------------------------------- 10 OFFICIAL GAZETTE 55 General in.11pectWn of horuu, premiMil, vault.I!, etc., wiUi improvementa ordered, disinfecl£cl, whfkwUJj/ierl, cleam!d, etc., by medical irupcclors, chief 11anitary inspectors, and 81lnitary i1111peclor11for the 11umth of Xovember, I90S. Holl8ell lnspect.ed by the chief sanitary inspector__ 2, 729 House6 reinspect.ed for verltlcELtion of work ordered. -------------- 750 Howies ill6JleCted by se.nitar) inspectors __ ------------- _ ------------- 26,229 i~E ~r!t::t~Y~~~ir'!!~[le,~i~~;:~~~:~::::::::::::::::_:~~:::::::::: :: ~ ~g= ·:::::::::::::::::::::::::::::: 4,~ Houses 8 Houises ------------------------------------------------------- 125 Number o boUlleS recommended condemned and removed_____________ 21 Number of holl8ell condemned and removed ---------------------------- 0 Number of localities where ''squatters" are located--------------------- 23 Number of .samples of water from wells sent to Laboratory______________ 1 Numberofrcportsfrom same______ 1 Number of 0 Number of 0 Number of 35 Number of 192 --· - ~::cg~~r!~nc1~a-De~c:::::: di1 l,~ ZI 0 • Number of :~ Number of 13 Number of 15 Number of 192 Number of 182 Number of o cl'!! awa ting action__ 320 Number of orders pending in court_ 14 ~~~;~ ~~ ~~o~=~~~~~~~s}~rc;iOiRifOil-OiiOOd-PfOhlbitIOn-oidC?:::: 1' 5~ ~~'in~i ~~ ~:~1~~ i=~:ger:~~1d~~l~~~~-~~-~~-~~~~~:::::::::::::::: !~· 5 Number of emergency inspectors on duty---- -------- ----------------- 0 ~il,,·-~1~1~~~ MonUlly sanitary repr>rt, Station A, San Jtiicolcu, harbor and river, November $0, 1903. ------------------------------------------------------- 28 ------------------------------------------------------- 94 -------------------------·---------------------------- 61 ---------------------------------------------------------- 306 ~ff J~f ;~ ~f N;tr.~~~11~!~~~~~~~r.:~~~;;;;;~;~;~;;;;~~ Number of cholera cases found "dead" -----------------------------------~~:~~ ~~ ~~~8J1£~°f: fr:~~rf~ ffVer-aDCfbi!bO?-::::::::::::::::::::::::: Fum1ga.ted _________________________________________________________________ _ Burials during the month of Nm1cmber, 1903. 878 " ., s 1 2 0 6 2 ¥>:Ca J~n°e~~~nm~~~riiilliiiit):::::::::::::::::::::::::::::::::::::::::::::::: 6'1~ ndacan :::::::::::::::::::::_::·:::::::::::::::::::::::::::::::::::::::::: Chinese--------------------------------------------------------------------Crematory-----------------------------------------------------------------Banta Ana -----------------------------------------------------------------American NaUonaJ _________________________________________________________ _ San Pedro Macati----------------------------------------------------------• 122 20 " " 47 " 14 22 4 2 Total----------------------------------------------------------------- 1,0.Sl Twenty-five of the above were stillbirths and 52 transient residents. Disintcrment8 during the11Wnth of November, 1903. PacoCemctcry _____________________________ -------------------------------Ma.late _______________________________ - ----------------------------.--------Santa Cruz-------------------------------------------------------------·-·-Chinese _____________________________________________________________________ _ Report ofcte11«1torie8for the 11U1Jlth of Nov~r, 190fl. Nature of cremation. Animals cremated: American horses----------------. Australian horses-----------------Chinese mulCS---------------------American mules------------------Filipino horses--------------------Carabaos __________________________ _ cows---------------------------------------Calve9 ______________________________________ _ DoP------------·-----------------------··--Goats ____________ --------------------------Cats ________________________________________ _ 14 ________ 26 1-------- I ,! ======:=1 J 6 ________ 58 90 ________ 36 11 ________ 2 ~~i -----i:------~~Report ofcre'111Gloriufor tJu: mo-nth of November, 190$---Continued. I PaloI santa i I Nature of cremation. _ --i-~~__:_ ~~~I Total. Anii:!~-c~~~-~~~~-~~~~~-~~~ I 9 0071 10 I I 9 017 E!;~: :::~:::::==~~~:::=: ~==~ ~~~~~~~~~~~~~= ::==: m=: :::: =~ i-----;!-! . ::; Total--------------------------------------:10,2911 781 258i~~ Loads cremated: I I I I ~;J.~:~~j~=m~~mm~=~~~==~===~~~~~1 "~ 1----'~t;;;~JI ··~ ~::1e~~~ng0(,d-;;-::========================: ~ i========1======== ~ -~-=~--------------------------·-----ls.7491----W:-l.i9 ~~~ Report of Veterinary IXWi<mfr>r November, 1903. [David G. Moberly and Murray J. Myers, veterinary surgeons.) On arrival In city: Number of cattle in ectcd _____________________________________________ .i,.'>Q.'> Number of ------------------------------------------ 666 Numberofh --------------------------------------------- 628 Number of hogs --------------------------------------------- 3, 931 Number of sbeep ------------------------------------ 250 ~~:_:~ ~: ~~:. ~n ma1s 1n~p:ecte~r:::::::::::::::::::::::::::::::::::: 6~ Total------------------------------------------------------------------ 9,446 In Goverment abattoir: ~~~:~~~~~:~l~it~=::::::::::::::::::::::::::::::::::::::::::: E:~~ Total------------------------------------·----------------------------- 7,245 Number cattle condemned and crematcd----------------------------·-----------r; ~:EE~i::=~~~1::~n~re~a~_::::::::::::::::::::::::::::::::: 1 I Number of other animals condemned-----------------·--------------------- 58 Total.----------------------------------------------------------------- 83 Repoi·U received of leper11 living i11 the 1!(1rio1111 province11 of Ille Philippine Ial«nd11 ro N&vember 60, 11108. - - - --1 I 0 0 ci I Chll- I Single. ~ar- ..: Province. Race. 1 ~~ ~~ ~--~ ~ ~ ~ :i El i ;i: ?al. F. M. F. M. F. ~ i ~ 37 2 2 5 _______ _ 4 1 1 10 1 l 17 l 1 38 28 42 4 12 5 193 12 8 3 3 3 ____ 24 5 ____ 3 2 2 2 16 J ____ 21 10 9 ____ 43 24 12 8 6 1 ___ 52 56 OFFICIAL GAZETTE Tabulated stmemcnl of amount of t>aceiJW virus dhitribuled by 1!1e Board of Health during the nwnth of November, 1905. Units. -------------------------------------- 1,920 ~~·;~~it£:Wti:i!!:i,iti~~------------------------- 500 Service ________________ 6,000 -------------------------~~~~~~~~!-::::::: :::::: 18, 2rc: and other institutions in the city of Manila ___ 11,800 TottJ.\ __ - ----------------------------------------------------------38,490 Report on i•aeeinalfon, city of Jlanila, during lhe mon!h of November, 1905. _ _c~~--j Adults. Total. Distr1ct Fip- Chi~o.nnd Fl!i· Chi~~nd F1h- Chi· ~~s ~t!"1d I Ameri-1 Arneri- Am.eri1f~~. 1nc.se. e~~~- !~. nese e{~~- J'~ nese e{~ - -- - _:ni 1_ - .::_rs_~-~-~~l~~g!~: :: 24 ~ --9- _____ 1 I g~ -440- i :: 1-449- i ~g San Nicolas __ 200 ___ _ 3 1 36912; I i r;i;9 97 1 7 673 Tondo _______ 008 ------ 320 ----- l, 678 1-----i l 679 •l•W ------ m !HL~:~~;:i !~ l:; 1 l_!:::::: 1 il·m !:~Il:::::~i l,i __ Tot11J __ ~~9~_i _9_1 __ ,_ls'~-~~d~~~~ 81/iallpo.i: report for Manila fro1n Noi·c111her 1 lo Novembel' 30, 190S. BY RACE .um SEX. -I ~i~-1 ::i;-r~g:f!:n;::::::· : '.: ::: : ::: :::: :::: :::: ::::: ::::::: ::: :: 1----2·1 _ --~-1----1-: -----~ _ Total----=-- ___ -----===~-~=--~~--j__ 21 I I I t -~ Quiapo ---------------------SantnCruz _________________ _ Total __________________ _ -== -= c .. ,, I"'""' - -::--:·:-::· __ :: __ : __ :::___ i t __________________ --,1--, ·-·. _______ I __ _ Number of cases found "alive" ----------------------------------------------- 3 Number of cases found "dead" ----------------------------------------------- o Total-------------------------------------------------------------------3 Plague report/or Manila from No~t'R!ber 1 to .'\'ovcrnba SO, 190S. Report of Chineu receiving primary and eerondary inocuL.;itiim11 aguin11t pfaguejrom Board of Health phylliciam, Nooember I to Not'ffllbt7 SO, 1903. District. i Primary . Second~~i1:;£:~f ;~~~~~11['~ Toto.I for city -------------------------------------------1 _2, ~~-1 _1,~"J~ Cholera report for .Manila from November 1 to Noi:cmber 30, 1908. f~i!F;.;;;~~:=:::::::~::::~:::::~:~~:::=~:= __ =:·.=--_~-·~~~.!_"il_~--i, ____ 1:~.;_ .. '.·_1'_,~ ••. Tot11l________________________________________ .:.<> .:.v v ------------ - - - - --------~!E if ~1~iif i~~==~~~~~~=::=~===:~~~~=~~~~=~~~~~:===~~~=~~~! i~~E ~ ~ ~ ~EE:::::::::::::::::::::::::::::::::::::::::::::I From 41 to 45 years·--------------------------------------------' Unknown----------------------------------------------------Case~. : Dcnths. 11 1• 2· ·1. ,, ji 2' ---Toto.I _________________________________________ ...__________ :n 21i Number of cases found .. alive"-------------------------------- Ill Number of ca:ses found "dead"-------------------------------· 15 Toto.I ________________ .............. __________________ ----------------- 31 Epidemk of cholera in the city of Manila and pro11inee8from .llarc/1 !10, 1gog, to November 1, 1905. Month. 1~1~-[:i;~~n~-= - - - - - - - - Cases. Deaths. Cas~-1 Dcatl~~ 19112. March----------------------.---------------- 108 90 _________ ! ________ _ f J£1::::::::::::::::::::::::::::::::::::::::: ~ ~~ ~; m I ~::Ji October ••• ----------------------------------- 87 "",.,, ,,,~ July _________ .. _______________________________ 1,~ 11 m Vi~ k~~ ~eu:i.~~.;cr::::::::::::::::::::::::::::::::::: 2;s . t8,,.-.',','., '. 1 .1,'._ 1 ,::· ~.~~53 ._1;,~ 2 1' 1 ;;:_ .. l6s~.L,i1 - - - - - - - - -- November___________________________________ 336 Santa. Cruz_.--------::..=_·_-_---------~---------------------------------1 Cas~~ lj~'"h~ ~:~:::·~- -·:::·:::·::::::::::::::::::::::: 35 2 : 2 : ::::: :·:~ _ Febr1111.rY------------------------------------ l 2,9'J7 2,009 ~~\~::::::::::::::::::::::::::::::::::::::: ~ 2f~ I }:~ till ..•. -:_l , __ '_I __ June----------------------------------------- 39 35, ~:iZ:i 2,lf.lf> Frorn20to25yc11rs _________ ----------------------------- 2 July - -i2 38 I 4 rn; ., 806 Number of cases found ··nllve'' ----------------------------------------------- o ~~~~~~~~~=~_-_:_~=_:_~-~~_:_-~_=_-_~;_--_~=-· -_~;_---=~---~ -_:_~=-· :_=_~--~=-· =---~-~:-~ =-~~_1, '· 21111 5 i:,.: '·"'m I! 159 1~'.: ~03 2l~1: i 1 1 .,l. 7 ;': ~-·,.,~-·~ Number of cases found •·dc11d'' ----------------------------- ------------------ 2 Total. Total _______ ---------------------··------------------------------------ :i. OFFICIAL GAZETTE 57 Rqwrt of cholera occurrifl{I in provinces in Uu: Philipptw: It!lancU/romNooember 1 W Report of cholera occurring in proui11Ce8 in Uu: Philippine It!land.s, ete.-Continued. Nr111emberS0, 1903. Province 11nd town. Cases. De11ths. Province and town. Cases. Deaths. -------------------~-----Antique: Cului :------------------------------------------------------- 18 Pandan ------------------------------------------------------ 9 Total •.••••••• ---------------------------------------------- 22 16 Bataan: Balanga •••• -------------------------------------------------:Mabatan ----------------------------------------------------Piiar --------------------------------------------------------Total ______________________________________________________ _ Bohol, Tagbilaran·----------------------------------------------Bulacan: Bocaue------------------------------------------------------Bulacan -----------------------------------------------------~:[~~:'.,~~-=::::::::::::::::::::::::::~::::::::::::::::::::: Total------------------------------------------------------C&JDarines, Nueva Caceres--------------------------------------8::~~~.»;:r'tfias::::::::::::::::::::::::::::::::::::::::::::::: 42 "' 1 1 ' ' .. " 31 22 " 13 1 3 71 " 8 ' 10 10 118 1ll 7 7 " 6l 1 1 " " 1 1 29 " 1 1 Cebu-Continued. ' ' " " 8~::rii~~ ::::::::::~:::::::::::::::::::::::::::::::::::::::: 1 1 16 16 1 1 " 23 1 1 7 7 39 39 '" .., " 34 16 13 Tota1------------------------------------------------------Ilooos Sur. Vlgan ________________________________________________ _ I101lo,llollo •. ____________________________________ _ 9S " 27 16 7 7 19 " .. 49 28 28 NegrOROecidental: Bllcolod _____________________________________________________ _ ~i~i1:::-~_:::::::::::::::::::::::::::::::::::::::::::::::::::: Pulupandlltl _________________________________________________ _ Saravia-----------------------------------------------------Victoria _____________________________________________________ _ m 164 2 1 Tota1------------------------------------------------------Nueva Ecija., San Isidro _________________________________________ _ Rizal: Marlqulna ___________________________________________________ _ Montalban __________________________________________________ _ San Mateo·--------------------------------------------------12 10 • • 46 .. Total __________________________________________ ·-----------Surlgao, Surlgao _________________________________________________ _ Tarlac, Tarlac---------------------------------------------------Grand total •••••• __________________________________________ _ 1,068 898 " " -----------------~-~WEATHER BUREAU. Rev. P. Jost AI.Gut, S. J., Di,reclor and Chief of BurtGU. Metrorological dal4 deduud/r(J111 Murly ob1eM.1atWn8, month o/ November, 190J. Temperature. Rela- Wind. 1 - - - - - - - - - 1 tive 1 - - - - - - - - - - - - - - - - - - Date. Ba~=-~~r, i Mean. Ma.xlmum. I Minimum. ~{i- 1:ft~:ll~~~ T~~~i~~~Y -· Maxlmu~. . s~~i~;. Ralnfa.11. mean. Foree. Direet1on. -~------ - - - - - - - - - - - - - - - - - ----------- -----Imhu. mm. 0 0. 0 F. 0 0. °F. 0 0. °F. Peret. Km. .Hile&. Km. Mills. h. m. Inches. J(m. 1---------------------- ---- 29.914 759.81 26.9 80.4 31.9 89.4 22.3 72.1 8'.t.6 SE. 161 100 14 9 N. 4 &.S O.O."l9 1.5 2---------------··--· --·--· 29.919 59.93 25.6 77.9 28.1 82.6 22.0 71.6 86.7 N. 212 132 16 10 N. O 00 .091 2.3 3--------------------- ----- 29.886 Ml.II 24.~ 76.6 28.8 83.8 21.4. 70.6 90.6 SSE. 34 52 8 5 SSE. O 00 .0-24 6 4--------------------------- 29.&l.5 ft8.06 27.1 80.3 31.6 83.3 22.3 72.1, 81.0 WSW. 110 68 11 7 WSW. 7 45 6--------------------------- 29.804 56.99 26.9 80.4 29.9 86.8 22.S 72.2 81.9 WSW. 130 81 15 9 WNW. 4 l;l 6--------------------------- 29.727 56.04 27.1 80.8 29.9 85.8 -22.6 72.7 81.9 N. 1232 175 21 13 NW. 2 50 .008 .2 1---------------------·----- 29.676 53.i2 27.0 80.6 29.9 86.8 23.8 74.8 87.6 NE .. ENE. 157 98 18 11 WNW. O oo .OC.l 1.3 8--------------------------- 29.691 54.12 2i.l 80.8 29.4 86.0 21.6 70.9 79.0 WNW. 664 ~ 41 25 W. o oo u~~=~~===~==~~~~~~~~~~==~~~J: m ~m ~1 i ni ni n.i ~"i trn r:. 1 ~~- m lF. 11 !! :~;. 1 G 14 ••••••• -------------------- 29.88'l :>S.99 27 .. "> 1 '81.5 32.3 90.2 22.6 72.71 79.8 NE., WSW.· 124177 15 9 N. 7 25 .106 2.7 m~~~~~~~~~~~~~~~~~~~~~~~~~~ i~fi! ftji ~iJ fij ~u E~! ~~i ~~~!II !n f~.: ~il l~ ~i li [: 1 ~ ~_o 0 6 19 _____ --------------------- 29 8911 59 39 27 4181 3 33 3 91 9 21 7 71.0 73 6 NE 166 1103 20 12 NE by E 8 30 I 20--·····-·-·· --- --- --- _ 29 88G 59 09 27 0 806 316 838 219 71.4 73 9 E lill 111 21 13 E 5 oo 21........ -----------·-·-- 29 902 59 50 ~ 9 78 6 29 1 84 3 21 8 71.3183 S NNE 125 78 11 7 .NNW l U5 OW O 5 22 ______________________ - 29906 6959 274 813 314 885 216 70.8 768 w 154 96 17 11 w 8 3."l ~========-----===-======-=-= ~ r~ ~ ~ ~ g 1 ~ i ri: ~ ~ ~ ~ ~:~ ~~ ~ NV!;ll~~E m 1~I ~ l~ ~·~~ ~ ~ 1 ~:::::::::-::: __ ---. _·: ~-~ ~~ ~~l~ii ~~ t;i ~:~ :n ~g N~W g~ I~ I ~~ ; w,~YS ~ ~ ~::::::::::::·::: : :.: :·:- ~ ;~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ i ~; ~ ~ ~ I :t ; N )fE ~~ I lM 1 1 ~ l~ I ,.fsw ~ ~ 331 i 11 1 29--------------------·- ---- 29 912 S9 75 25 4 77 7 28 6 8a 5 20 4 GS 7 86 3 NE NW 79 49 10 61 NW I 2 50 177 ~ 5 80---------------------------~~~~I 277 1~~-~!-~._1~1--N--~~~___!_ __ N_l~~I~ ~o~Y::::::::::::::::: .:::.~ 758 ~~- -=~-~-1-~=-6-1 ~ ~- -~-9 -=~ ~- -~~-~ l--~-~-i=::::::::::·.-1 rM I ~?~1~ '-~~-~I_~~~ I::::_::_:: __ [ 1i! ~ l-1-so.ar-4a-8 1 Corrected for instrumental error and for temperature 11nd reduced to sea le'{el. Correction to standard gravity, -1.72 mm. (0.068 Inch). 12936-2 58 OFFICIAL GAZETTE BUUEAU OF EDUCATIO:-i. Or. DA\'II> l'. 8.\RROWs, Chief of flurN•u. 'l'he aims of prim<wy education in the Philippines. [From the Third Annunl Report of the General Superintendent of Eduention.) BURl.:AU OF Eot:CATIO:"l', Manila, P. I., September SO, 1903. The Honornble, the SECRETARY OF PUBLIC lNSTRt:CTION, Jtamila, P. I. Sm: I ha\'C the honor to submit the annual report for the Bureau of Education for the Philippine Islands, which is the thil'tl annual report to be made by the General Superintendent since the introduction of an American public-school system in these Islands. Within the past year the public-school work has twice suffered the loss of a General Superintendent. In December last (1902) Dr. Fred W. Atkinson, after two and one-half years' service in this capacity and after having organized the public-school system practically as it stands to-day, resigned his position in ol'der to return to the United States and continue there his profession as a public educator, which was interrupted by his acceptance of duty here. He was succeeded by Dr. Elmer B. Bryan, then pl'incipal of the Manila Normal School, who, to the great disappointment and regret of everyone interested in education, was obliged by serious ill health to resign his position August 13 last. The undersigned was appointed to succeed him, and has been in charge of the work only a few days over one month. REVIEW OF LAST THREE YEARS' ADMINISTRATION. In reviewing the history of the Islands for the past three years one is immediately struck by the great emphasis placed upon public schools, first, by officers of every rank of the United S;tates Army who administered this Archipelago during the fil'st two yenl's of American sovereignty, and subsequently by the United States Philippine Commission and the Civil Government of the Islands. This emphasis upon the public school is undoubtedly the result of the primary importance which it plays in American civilization and the supreme confidence which Americans feel in the necessity, to this and to every aspiring people, of a democntic, secular, and free school system, supported and dirt>cted by the State. It bas resulted that the school system of these Islands is the most typica1ly American institution which our Government has here established. Spanish precedents and previous institutions have been followed to a strikingly less degree than in the organization of local and insular administration, the constitution of the courts, or any other branch of administration. The definite pnrpof;CS in introducing this educational system are unique in the history of colonial administration. Professedly. openly. and with resolute expectation of success tl1e American Governm<'nt avowed its intention through the public school to gfre to every inhabitant of the Philippine Islands a primary but thoroughly modern education, to thereby fit the race for participation in self-government and for every sphere of activity offered by tlw life of the Far East, and to s~1pplant the Spanish language by the introduction of English as a basis of education and the means of intercourc:<' and communication. Almost impossible as >'ttrh purposes may lmw looked and still look to the outsider. nnd thoroughly as they have been the objects of criticism, the Bureau of "Education and the Philippine Government are more thoroughly committed to this policy now than at any time during thl' past fiYe years, ure more certain of success, and are able to df'monstrnte by the re!Hllt!'l already achieved that the <'nds early ..;et up can and will be reached. Tt is the genernl character and reasons for this system of primary schools which I wish to discuss in this first part of my report. CHAltACT.lm OJ.' .\:KD REASO::iS FOR .\ SYSTEll OF PRL\l.-\RY SCHOOLS. (a) Secular schools de.sired.-Such an educational plan would never have been practicable had it not been in fact the demand of the Filipino people themselves. Thoroughly American as our school system is, it 1·ep1"esents the ideas which theoretically have appealed to the Filipino. His request was for free secular schools. open to all inhabitants and teaching the English tongue and the elementary branches of modern knowledge. His struggle with Spain had sufficed to convince him that he was limited in thought and action by a medieval system which is no longer recognized as of binding force in the modern world, and this feeling has caused·his prompt 9.ceeptance of whatever appeared to him or was presented to him as of modern type. The Filipino is essentially a radical. Contrary to what sometimes has been stated of him, he is one of the least conse1·vative types of manhood. In readi· ness to seize the new, to welcome advancement, and in ambitious pride he is closer to the Japanese than to any other nationality. (b) Last half-century of Spanish rule-Economic interests.The last half-century of Spanish rule brought to the Filipino people great changes that made possible the striking reYolutionary events of the last seven years. The race made a great advance between 1860 and the end of the century-an advance due primuily to the enlightened effol'ts of the liberal element in Spanish political life. The reactionary policy which followed the fall of Republican government in Spain and the Cavite re\'Olution of 1872, and which aimed to suppress the rapidly rising ambitions of the Filipino people, has greatly obscured the intelligent and deserving effol'ts made by the liberal element in the Spanish administration toward developing both the economic and spiritual interests of these Islands. As a matter of fact, for nearly forty years Spain's policy in these Islands was one of reform. A serious and disinterested policy strove to remove the economic hindrances which had so long checked the development of the Archipelago, and to enlighten and elevate the race. We see the first of these changes in the opening of Manila to foreign trade in 1837. This was the beginning of the economic advancement of the Islands and was followed by the development of the commercial products which have made the Philippines famoushl'mp, tobacco, sugar. and copra. An almost uninterrupted era of economic prosperity followed down to the end of Spanish rule. The Philippines received many governors of liberal political ideas, conspicuous among whom was Claveria, 1844 to 1849. From his governorship we may date the final relief of the Islands from 1\Ioro piracy, the reform of Philippine administration, and the beginnings of the great changes in the aspirations of the Filipino people th<'_mselves. But of equal importance with any other change \Vas the opening of education to the Filipino. Previous to the middle of the last century there was, prnctic~dly speaking, none. The famous collegiate institutions of this city. which date almost from the foundation of :Manila itself. wel'e designed, not for the Filipino. hut for the children of the Spanish colonizer and administrator. Education in the parishes had been left solely to the direction of the cura parroco, or village friar, and was limited to elementary religious teaching. But, in 1860, a system of public primary institution was established by the famous Spanish minister of war and colonies, O'Donnell. A primary school for boys and one for girls was decreed for each pueblo of the Archipelago. In tlwse> schools instruction was to be gi\·en in the Spnnish language. .\. snpf'rior commission of education was formed. consisting of thl.' '1ovrrnor. the Ar<'hbishop, and st>ven othn m<'mbers added hy th<' Governor himself. Spanish plans work out into aetunl rl'snlts \"l'ry slowly. and it took years to fully realize the ideas \\·hich nppr,1r in these first orders and deC'rees. but at the end of ~panisl1 rul<' prnrti<'ally enry pnehlo in the Philippines had it.R two publie schools. for boys and girls, with Fil~ino teachers who OJJ~FICIAL GAZETTE 59 had been educated in the Spanish language and the elements of knowledge, and on C\'cry little plaza there stood, along with the tribunal, the jail, and the far more pretentious and, older church and convent, public buildings for schools. These schools by no means conformed, however, to American ideas of a public educational system. In the first place, they were hopelessly inadequate to 'give enlightenment to the entire population. Filipino pueblos are in rl!ality townships or districts that sometimes extend over many square miles of country and contain scores of small hamlets or barrios scattered at considerable distances from the centro de poblaciim. It does not seem to have been the Spaniard's effort or intention to educate the children of these obscure and humble hamlets. Buildings at the center, while sometimes well constructed, were small, and usually not more than one man and one woman teacher were employed. ll'orty to sixty pupils in each is certainly not underrating the school attendance in the towns whose population varies from eight to twenty thousand souls. The result was that these schools gave to the children of Filipinos of means, who could afford to build and maintain homes in the town center, an opportunity for elementuy educa· tion and a fitting to pass to the more pretentious colegios of important cities and, above all, of Manila, but they did not help or enlighten the great mass of the population. The result, combined with the economic changes that were taking place, was vicious and unfortunate. The continually rising plane of material prosperity which followed the opening of foreign commerce and the development of new commercial products was participated in by only one class of the Filipinos themselves. This was the old petty aristocracy, the class known anciently among the Tagalog as the "maharlika," who became under the Spanish administration the principales of the pueblo, and who are to-day known by such quaint designations as "gente ilustrada" and "pudientes." This class it is that has monopolized not only the great gains in material prnsperity but also such enlightenment and education as the rnce has gained. The result has been more than ever to divide society among the Filipinos into two sharply differentiated classes, the first of which is the very small number of educated families who own rich haciendas, buildings, nnd other sources of wealth, who live in beautifully built houses adorned with the artistic woods of the Islands, who speak the Spanish language, who ha,·e possessed themseh-es of the charm and grace of Spanish manners, and who seldom fail to attract and delight the guests that with unfailing hospitality they receive into their homes. This class is, however, but the me1·est fraction of the race itselften to IL dozen families usually in towns of from ten to twettty thousand people. The rest of the population, which forms the lower class, has been left in an unchanged condition of ignorance and poverty, and iis dependence upon and submission to the dominance and control, both economic and intellectual, of the gente ilustrada has been continually accentuated by each added gain acquired by the wealthy class. . (c) Spanish school system.-In the second place, the Spanish school system, though founded and supported by the Government, was never secular in character. The Spanish friar, who was the pueblo curate, was always the local inspector of the school, and not only directed its conduct but determined the subjects which should be taught. In the brief and imperfect course of primary instruction which was given in these little schools clrnrch catechism, church doctrine, and sacred history were emphasized almost to the exclusion of the other subjects which arc necessary to fit the Filipino child for his position in life, whether it bP humblC or fortunatc. This, howel•er, was not the only undesirable effect of this arrangement. Whatever may be said in praise of the work of rcligious orders in these Islands, if can not be denied that their attitude, during the last fifty, and pnrticularly the :final thirty years of their influence here, was excessively hostile toward the enlightenment of the Filipino. Thl'y nctiwly sought to debar the Filipino from any sort of modern knowledge, from gaining a position of independence and self-respect, and from entrance into any kind of leadership of his own race. It was, in fact, this obstl'uctive and retrogressive policy on the part of the governing class that most immediately affected their lives, that provoked the Filipino into open hostility and n~bellion. Thus, while we find much to commend in the public-school system established by the excellent O'Donnell over forty years ago, it is apparent that it neither ga,·e opportunity to the little child of the humble fisherman and husbandman, nor did it lift the Filipino toward that truth which makes free. (d) American school system in the Philippines.-In building up here an American system of public schools we necessarily form our purposes with a view to the failures of the past, and this previous experience compels us to adopt certain ideals, which may be briefly stated at this point. In the first place, American schools must be public and secular. Very grave doubts were at first entertained whether it would be possible to maintain here a system of schools which did not give religious instruction and which did not place dependence upon the assistance of the church. The Government, in its opening efforts, was advised and admonished that the Filipino would support no form of instruction that 'vas not primarily Roman Catholic in character. There has been no case of greater misrepresentation. The experiment of secular public schools in these Islands is now nearly three years old, and the result is seen that the Filipino father, while with few exceptions sincerely desirous that his child should be trained in a knowledge of those religious precepts and ceremonies which have for centuries formed the only higher life of the great mnss of this population, is nevertheless equally desirous that his intellectual advance should be unaffected by ecclesiastical control, and that the instruction of the church should be separate from that of the school. This choice is becoming more marked with every succeeding month and has practically done away with any effective opposition on the part of church authority. In the second place, tile public schools of these Islands must be open to all upon a purely democratic basis. This is a point in which, perhaps, there has been more difficulty experienced than with the preceding. The cultivated man among the Filipinos, even when fairly bursting with protestations of his patriotic solicitude for the advancement of his more humble countryman, is in reality frequently contemptuous of their illiteracy ond poverty and actually opposed to any enlightenment which will loosen his own hold over them. The greatest danger at present menacing the success of our schools is that, pleased with the capacity and cleverness of the youth of the cultivated class and desirous of forwarding his success along the higher levels of education, we may forget the primary and essential importance of educating the child of the peasant. If we fail here 've will fail precisely as our predecessors did. The public welfare and public security demand in the Philippines, as perhaps nowhere else in the world, prima1·y education for ·au classes. The race lends itself naturally and without protest to the blind leadership nnd cruel oppression of its aristocracy. This social condition, which the Spaniat'd called "caciquismo," e,·ery measure and plan of the government of these Islands should aim to destroy. In the third place, and as a necessary corollary to the above, our public school system should be adequate to the population. It is not so nt the present time. We have only begun to reach the population of the barrios. We have succeeded in reestablishing schools, with perhaps four and fiye times as large an attendance, in the town centers where the Spaniards conducted them. \Ye ha...-e raised these schools to an English basis, but we have nnt yet sufficiently extended this instruction to the hamlets and little settlements which lie back in the woods and along t!ie csteros, sometimes a dozen miles from the center of the to,vn. It is in these rural spots that the great mass of the population 60 OFFICIAL GAZETTE finds its home. These arc the centers of ignorance, the resorts and recruiting ground for the ladrones, and they perpetuate thP. ignorance and poverty of the race, as it has been for three !lundred years. The greatest need of our schools at the present time is Filipino teachers with knowledge of English and .~cho0l methods and the missionary spirit to go out and labor in these banios under the supervision of American teachers. POP(.;LA.TION OF TllE PillLIPPINE lSLA;";DS-DlAJ,ECTS. The Christian population of the Philippines comprises, according to the published results of the recent census, neal'ly seven million souls, or nine-tenths of the entire population of the Archipelago. They occupy hardly more than three-seYenths of the tot.al superficial area of the Archipelago, but this includes nearly all of the fertile coastal plains and river valleys and the greater part of the lslands susceptible of much agricultural dc\•elopment and able to support large numbers of inhabitants. This population has multiplied very rapidly within recent dee· ades. The development of productive agriculture and export trade has created a rapid increase of the population in all parts of the Islands affected by this material prosperity. The Christian population is over four and one-half times what it was a century ago and more than ten times as great as it was when the Span· iuds first Chri!:ltianized the Islands. As is well known, this Chl'istian population, while of common :Malayan origin and possessing a culture in most respects the same, is divided into a considerable number of tribes or distinct groups. So much has been written and affirmed of the similarities and distinctions between these tribes, and the subject has borne so intimately Upon the work of the Bureau of Education, that a brief statement seems in place in regard to these different groups which the polic~' of the American Government fa.yors welding into one nation with a common lan"uage, a common appreciation of rights 11nd duties and a common patriotism for their land as a whole. The question has been frequently raised whether these 1''ilipino languages are sufficiently related so as to fuse into one common tongue, and the Bureau of Education has received most vigorous criticism in the United States because of its alleged attempt to supplant and destroy what might, in the opinion of absentee critics, become a national and characteristic speech. Such criticism could only proceed from an ignorance of these languages and the peoples who speak them. All of these dialects belong to one common Malayan stock. Their grammatical structure is the same. The sentence in each one of them is built up in the same way. The striking use of the affix and suffix which gives the speech its charactel' is common to them all. There are, moreover, words and expressions identical to them all. A hundred common words could readily be selected which would scarcely vary from one language to another. But the fact still remains that, while similar in grammnticnl structure, these languages are Yery different in \"Ocabulary-so different that two members of two different peoples brought together al'e unable to converse or at first even make themselves unde1·stood for the simplest steps of intercourse. The similarity of strncture makes it very easy for a Filipino of one people to learn the language of another, but ne\"ertheless these languages ha\'C preserved their distinctness for mol'e than three hundred years of European rule and in the face of a common religion, nnd in spite of considerable migration and mixture between the diff<·rent tribes. This is as trne where different popu· lations border one another as elsewhere. In no case is there any indication thnt these languages arc fusing. Th_e Filipino adheres to.his nntive di.liect in its purity, and when he converses with a Filipino of another tribe ordinarily uses broken Spanish. These languages are not destined to disappear, but it does not seem probable that they will fuse, nor that they are destined to have wide literary use. One has but to examine the writings which haYe appeared in the last fifty years in each of these Ian· guages to see how unlikely of literary development is any one of them. The masterpiece of Tagalog literature is a satirical poem entitled "Ang Salita at Huhay ni Florante at ni Laura,'' which was composed years ago by a Filipino "fil6sofo" named Baltazar. It was his professed intention, in writing this poem, to use ihe Tagalog language in its purity, and he continually sfrives to avoid by circumlocution the introduction of words derind from the Spanish. The poem, while of great interest, shows the actual paucity of the Tagalog language for the expression of literary ideas, and it has not, so far, marked a beginning of the development of a Tagalog literature.: For common intercourse, as well as for education, the Filipino demands a foreign speech. To confine him to his native dialect would be simply to perpetuate that isolation which he has so long suffered and against which his insurrection was a protest. Opponents of English education find few sympathizers among the Filipino people. The movement seems to be limited for its support to academic circles and certain newsp:iper offices of the United States and to the congressional halls of the nation. The advantage which the possession of the English language will give him is readily understood by the Filipino, and it is fol'tunate that the acquisition of the Spanish tongue was largely denied him and that it never won his affection. English is the lingua fmnca of the Far East. It is spoken in all the ports from Hakodate to Australia. It is the common language of business and social intercourse between the different nations from America westward to the Levant. It is without riYal the most useful language which a man can know. It will be more used \'i'ithin the next ten yea1·s, and to the Filipino the possession of English is the gate\vay into that busy life of commerce, of modern science, of diplomacy and of politics, in which he aspires to shine. Knowledge of English is more than this-it is a possession as valuable to the humble peasant for his social protection as it is to the man of wealth for his socio.I distinction. If we can give the Filipino husbandman a knowledge of the English language and even the most element.al acquaintance with English writings, we will free him from that degraded dependence upon the man of influence of his own race which made possible not merely insurrection but that fairly unparalleled epidemic of crime which we have seen in these Islands during the pa.st few years. "LADOB"--'l'HE PEASANT·PROl'l!lETOR CLASS. Another form which criticism frequently takes, not alone in the United States but among Americans in these Islands, is that in giving the Filipino this primal'y education we are impairing his usefulness as a productiYe laborer, separnting him from agricul· ture and the trades, making every· schoolboy umbitious to become an escribiente and filling the minds of the people generally with distaste for rural life and contnct with the soil. This is a charge which merits careful examination und which leads to some obserYa· tions upon the society and industry in the Philippines which this Government, in the prnsecution of its high purposes, must con· sider. American inYestors and promoters in the Philippines at the present moment profess to be disgusted with the Filipino as a laborer, and are clamorous for the introduction of Chinese coolies. They claim that the Filipino hates and despises labor for itself, will not keep a laboring contract, and can not be procured on any reasonable terms for vurious enterprises in which the Americans desire to invest effort and money. \Vhen, however, we look a little more closely iiito the demands of these men it is apparent that what they really want here is a great body of unskilled labor, dependent for living upon its daily wage, willing to work in great gangs, submissi\"e to the rough handling of a "boss," and ready to leave home and family and ~ anywhere in OFFICIAL GAZETTE 61 the lslan<l;;, and to labor at day wages umlC'r conditions of hours and methods of labor sC't by their foreign employers. ln other words, what they really want is the proletariat, that social class, the outcome of rccrnt economic changes in Europe and Amel'ica, which it is the ideal aim of political economists to elevate and absorb until it shall disappear again in the ranks of independent and self-re.specting labor. Now the Filipino certainly dislikes labor under these conditions, and except under extraordinary inducements it is probably true that he will not work in a gang, under a "boss," subjected to con· <lit.ions for toil which appear to· him unnece.ssarily harsh and onerous; but giYe him a piece of land to cultivate, especially if he can be assured that it is his own, let him choose for his labor the cool, dark hours of the curly dawn and evening, let him work in his own way mt1utrassed by an overseer, and the Filipino makes a creditable showing us a laborer. It is as an independent producer that he works best, and this, as w~ll as every other consideration, should impel us to seek to develop here in the Philippines, not the pl'Oletariat, but the peasant proprietor. Unfortunately, conditions are unfuYoruhle in muny parts of the Islands lo small holdings. Property exists in great haciendas or the estates of the religious orders, and the population are dependent tenants. But it is the intent of this Go\·ernment to purchase or secure many of these great properties for the benefit of a peasantry who live upon them, and, in spite of delay in tl1e settlement of this essential matter. I bclieYc we may look upon it as one of those pressing necessities in which the American Goveinment will, eventually, have its way. \Vhcre,·er we find the Filipino the possessor of his own sma.11 holding, there we find him industrious and contributing largely to the productive industry of the Islands. I have in mind one beautiful little ,·alley in the Ilocano comilry, famous for the quality of its tobacco, where the land-tax collections shO\ved, a year ago, 2,200 small independent properties in a single municipality. It is with the peasant-proprietor class particularly in mind, and trusting in the outcome of our efforts to increase this class, th!-1-t we must lay out our course of primary instruction. If the Filipino has his small home and plot of ground, then, the po;;session of English, the ability to rnad, the understanding of figure,.; and those matters of business which affect him, even the knowledge of other lands and peoples will not drnw him from his connby life and labor. It will, I hope, increase his contentment as it increases his independence, and as it raises his standard of life and comfort and increases hi,; desires it will make him a bf'ttcr pl'Oducer and a larger purchaser. IXDUSTRIAL ART AND lIANDICRAFI'. I believe we may be equally hopeful with reg1trd to training the Filipino in arts and crafts. The Filipino is naturally deft. wilh his hands and has much artistic ability. That same high grade of excellence which attaches to the handiwork of the Jitpancse people can cel'tainly be imitated here, and may, perhaps, in some ways, be excelled. No small part of the work of lhe Dureu.u of Education lies in introducing new crafts which shall make special appeal to the artistic-loving qualities of lhc Filipino mind, and in training up skilled workmen for the establishment. of tlwse arts. I am convinced also that the Filipino will not be found incapable or averse to following the heavier and more lnborious trades, especially when these arc presented to him in the form of skilled handicraft and when their pursuit is assisted and improved by tli0 employment of the best methods and of machinery. Many doubts hnve been thrown upon our power to interest educated Filipinos in nrts and crafts. lt was said that all the inRuencc of the civilization of th<' Islands was against us. The Spaniard certainly looked down upon skilled handicraft of e,·ery desel'iption and considered such callings impossible for the edu· cated man, and this unnatural and false view has unquestionably impressed the educated class of Filipinos who owe their ideals to Spanish cultivation, but this attitude, while it is unfortunately frequently met, is not a. racial characteristic but is certainly derind from foreign influence and example. The typical l\Ialayan peoples show gr<'at respect to the man skilled in body and hand. If we look at those tribes in the Philippines which did not come nuder the influence of the Spanish chilization, the primitive Igorrote and the more advanced :Moro in the south, we find that the man skilled with tools enjoys a high reputation. This is especially and interestingly marked among the Moros. Mohammedanism has never despised the artisan or the trader. In Mindanao and the Sulu Archipelago at the present time even the datu or chieftain is often a famous forger of weapons and may spend many hours each day beside his anvil and bellows. There is a salip or religious leader of great influence on the Island of Dasilan who is famous as a boat builder. These facto;; show the trne rncial feeling, unaffected by foreign ideas, and should encourage us to hope for an attitude on the part of the l<~ilipino people that will be favorable to the practice of skilled arts and trades. The early efforts of the Bureau of Education met with little response from the Filipinos of Manila. The young elegante appeared to disdain to soil his fingers with the grip of a tool, but in recent months tool and garden work have been undertaken in a number of school divisions and in every case with the most satisfactory response from the pupils, who are frequently children of wealthy and educated parents. SUMMARY .. The abo\·e remarks may serve to characterize the main purposes of the Bureau of Education, which are to reach and enlighten all classes in the Archipelago, assist in the development of an intelligent and independent husbandry and of a trained class of craftsmen, and by its schools and instruction contribute to make the Philippines as famous for its intelligence and produeti.ons as is the northern archipelago of Japan. Excerpts from reports of division superintendents to the General Supe1"intendent of Education. PROVINCIAL PIUVATE SCHOOLS-SPANISH. PROVINCE OF BATANG\S. In December, 1901, I made a 1·eport in ans\ver to a circular from the General Superintendent's office, containing among other data a statement as to t.lw different kinds of private schools then in the division. The particulu kind of private school which has received most development is to be described as follows: Some relati\·e, or friend of a family, or two, takes a dozen children into his house during the day to study. He goes on with his daily occupation,. or else sits around and smokes and gambles with friends while the children are supposed to study. He spends very little time in instrncting them and they very little time in actual study. Cathechism is a main part of the curl'iculum, and, indeed, the school, 01· rather, class, exists because of the desire for religious instruction. However, the number of private schools nnd their attendance has been steadily on the wane. One proof of this is seen in the doubling and trebling of our attendance ns compared with last year and the year previous. The pl'esence of a good public school usually kills the prirnte schools by reason of its superiority. We attract pupils even from the Spanish schools in Manila. Not often do the best families send their children to us, but this is becoming more generally the rule. Again, our teachers in many cases come from the very hcst fnmilies, and this menns a great deal in a land where class distinctions are so great and closely obsen•ed. The "muchacho" may still carry the books of his little master to school, but often enough the older sister, or brother, of this little master is teaching the "fellow·muehachos" in the same school. 62 OFFICIAL GAZETTE The greatest l>it of industrial education engaged in so far by the American teachcl' has been the example set by him in carrying a package, ell-., thrnugh the streets and thereby showing the natives that a little manual labor is not incompatible with honor and dignity. NOR:MAL INSTITUTES. The Normal School curriculum included the regular elementary subjects of the primary schools and a normal course. Music was taught especially in connection with the singing of appropriate r,ichool songs. An interesting' feature of the work was the hour or more in the afternoon devoted to conversational games of all sorts, debates, mock trials, etc. After this exercise the young men played baseball. Any player who spoke a word of any other language than English was immediately retired from the game. By the way, in this connection I should like to mention the names of Messrs. Pierce, Borden, and Carstens as teachers who have devoted considerabfo time to teach· ing lhc boys this game in general. Some interesting games have already been played, and the game is gaining in favor. I have always found basehall a good way to interest the children in school. It was the way we fil'st interested the Moro boys in Jolo. Our teachel's average l'ather under than over 25 years of age. All, except one, of the vel'y old native teachers have fortunat<?ly dropped out, so that what was once a great problem, namely, to get rid of th<?m, is no longer so. Most of them have voluntarily relinquished the work seeing that they were no longer able to carry it on. A few were discharged for utter incompetence, but it was unwise to get rid of them wholesale for fe1\r of offending the neighborhoo,d where many had acquired influence. The one exception, an old lady of 53, at Tanauan, sticks to it and has made remarkable progress. Her pronunciation is very good. The proportion of young women attending these new schools is \"cry large and is due to the influence of the public schools and especially to the Vacation Normal Schools. Our best pupils do not want to become teachers now but prefer to continue their school wcirk, which is, it seems to me, a \•ery good sign. The average age is high in the high schools. The reason is, as I have hinted before, that there are many elder children and. young people who we>rc "a.shamed" to go to the primary school. Some have had considerable Spanish education. These naturally make riipid progress as a rule. In the high schools established outside of Batangas the proportion that came from the primary schools is less than half of the whole this year for the reason already explained. These outside pupils average very high in age, say 18 or 20 years. A few pupils of this age, say some dozen in each large primary school, attended the primary schools last year. Many more attend this rear, through the influence of the Normal Rchool and of the high schools, which is making education popular among the young pcopll". There is an enthusiasm such as has never before been known among the young people. The children haYc shown this disposition before, but it has not hitherto extended in any great degree to the young people from 18 to 25 years of age. There is a grea~ eagerness to talk English. They acco.o;t each other in the streets in English and it is becoming a habit to use it as a "court" or society language. This was true of Spanish, but not nearly so many ever got instruction in Spanish as are profiting by the English. The Government should take this tide at its "full." Learning English may not teach them the unrighteousnes.s of insul'l'ection, but it will teach them the utter uselessness and folly of it. This is precisely what the young men of Lipa and Taal, those two strongholds of Tagala pride and feeling, need. Probably the most important event of the year was the establishment of the provincial high school which opened the beginning of the school year. The enthusiasm, interest, and application of the students, while in attendance at the Normal. together with the marked progress of the majority, seemed to warrant the success of such an institution. That this new feature was receiYed with favor is evidenced in the fact that the pl'ovincial board imme· diately took steps toward the construction of a high school building. The provincial school and the ::•formal School have been the cause of awaking a new interest in the children of the primary schools, for many a chitd has been kept in the municipal school with the hope of soon being able to enter the provincial school. The provincial school adds dignity to the whole school system, and the people realizing more and more its relation with the municipal schools attach more importance to the latter. Parents are ever eager to enter theil' children in the higher schools, but are loath to send them to the primary. Consequently children are fre· quently sent to the Spanish colleges in Manila with the hope of having them enter the provincial school later. The announcement that no teachers will be appointed unless they have attended this school has been effective in keeping in the municipal schools young men and women until they are able to enter the high school. PROVINCIAL BOARDING SCHOOLS. Tke Rizal lnstitute.-At present the provinee rents for the Rizal Institute two commodious buildings. Ninety-fin pesos, local currency, a month is paid for one which is used exchmvely as a boys' dormitory. One hundl'ed and fifty pesos, local currency, is paid for the other. This is used as a girls' dormitory and class room. lt'our American teachers are now working in the institute. The many inquiries being made by people in all stations in life show the general interest taken in the expected arrival of the manual training teacher. All persons over 12 years of age, whose general scholarship meets the approval of the principal, are admitted to the institute and to the dormitories. At present a knowledge of English is not a necessary qualification for matriculation. Three classes of students, intcrnos, medio-internos, and externos, are received. The internos live in the dormitories and PllY for their living expenses 15 pesos monthly in adrnnce. The medio-internos live in their own homes and take their midday meals in the dormitory, for which they pay H pesos, monthly, in advance. The externos provide for themselves all their living accommodations outside of the dormitories. Both dormitories are made us homelike as possible. Beds and chairs are furnished by the province, and pictures are hung on the walls. The girls' dormitory, which is under the care of Miss Sofia. Reyes, is provided with an excellent piano. Mr. Ray Howell, prin· eipal of the institute, lives in and has charge of the boys' dormi· tory. These dormitories are a very helpful and necessal'y feature, as they furnish a home for many pupils whose parents lh•e at distant points in the pl'ovince and who, otherwise, would not be able to attend. More, it gives them a practical opportunity to learn domestic science and to know what home life may be. During August, 1903, the average daily attendance at the institute was 54 boys and 27 girls; total, 81. From September i to November lO, 1902, the institute was closed because of cholera. After the reopening of the institute there was a steady growth in attendance and popularity. In March, 1903, the attendance was 57 boys and 38 girls; tot.al, 95. The new year has opened very encouragingly, as those seeking admission have come from all pnl'ts of the province. The attendance on July 15, 190:J, was 103 boys and 63 girls, a total of 166, and an increase of over lOO per cent since last August. The present indications are that this number will continue to increase throughout the coming year. Demand for admission into tile dor· mitories is such that it will soon be necessary to move the girls' dormitory from the school building into a house ¢ its own. OFFICIAL GAZETTE 63 At the outset. June. 1902, the provincial treasurer was the only one of the pro,·incial board in favor of the high school. The governor was indifferent and the supervisor avowedly hostile. The sncccSR and popularity of the school has been so marked that now 1111 are friendly and willing to assist in many ways. TEACHERS. PROVINCE OF PANGABINAJI, American teachers.-Much, if not everything, depends upon the personal qua1ities of the American teacher. OccasionaUy one meets an American teacher who is constitutionally unable to ado.pt himself to the conditions prevailing in the average pueblo. He is incapable of dealing with the presidente and other important rei.idents of the town, and generally ends his term of service, as he began it, without credit to himself or the Department. Such a. teacher lacks ftrst and foremost discretion. He offends when a little tact and graciousness would win; he makes enemies who are in a position to do injury and who will not hesitate in making their influence felt; be is incapable of assuming the responsibilities of his position, because he dislikes the work and the people, and finaUy does not care whether the school over which he is placed succeeds or not. It is believed that very few teachers of this kind are at present in the Department. At the first opportunity they resigned. :Many were summarily dismissed. Those who ha.ve remained a.re generally the ones who have succeeded, and are succeeding. In my judgment there is not at present one really inferior teacher in Pangasinan. The force has been winnowed and, with very slight exception, those remaining are energetic, enthusiastic, re· Hable, and highly respected by the Filipinos. I am of the opinion that such teachers have not received full justice in the popular mind. It has been, almost invariably, the malcontent who has succeeded in advertising himself. He has said too much, has written too much, has talked nonsense, and neglected the one essential thing-the thing be was paid a salary for-his work. The duties of an American teacher assigned to a pueblo are many and require continual and close attention. The most important is to grasp the whole situation and to assume the responsibility for the schools. He can not sit in the school room and wait for things to adjust themselves. He must know the people, their customs, prejudices, and ways of looking at life. The high class Filipino is polite and courteous; social amenities and agreeable personal qualities (externals perhaps) count much with him. He is opposed by nature to a blunt perempto1y way of doing tllings and resents, in silence, an explosive outbu1·st of energy whether it be well or not. He prefers to take life easier, e\·en though certain duties are not performed p1·omptly and fully on the spot. No American teacher, or other official, can afford completely to ignore these prejudices. They arc constitutional and in a measure must be recognized. The American teacher of tnd. and judgment will make a compromise. He will not assume an attitude of arrogant superiority verging upon contempt, but will endeavor to win his way by showing a spirit of tolerance. If he can not show some degree of sympathy he need not go to the other extreme of utter scorn. The American teacher is really in the position of a superintendent and as such he can not escape his duties if he would. A time comes when he must face the result of his pnst work and tl1ere is 110 chance to avoid a reckoning. It is my opinion that the 1·ank and fl.le of the present American teaching force is worthy of all consideration. These men and women have proved themselves. Their work is no longer an experiment, and the friendly attitude and kindly spirit of the Filipinos everywhere toward the public schools are due in the main to the untiring efforts of the American teacher. Pilipino tcachers.-(a) 'fhe general character of the provincial native teacher.-The nath-e teacher in the provinces is a 1·epre!'l"ntnth·e of the better class of I~ilipinos. He is im•ariably well 1lrc~sed, courteous, and accommodating, and he has the respect of the people. From the American point of view he is not, however, competent to regulate a school, nor well qualified by nature to be genuinely educated. He lacks energy and can not successfully maintain a daily routine of work. He is inclined to be slack in matters of punctuality and sees no special reason for exerting himself to be on time in the morning at the opening of the daily school session, nor of maintaining a strict supervision of the pupils' work when once he has taken his place in the school room. To do the same thing every day and to try hard to do it better each successive day is something that the Filipino teacher has not yet learned to appi·eciate. He is not ambitious to succeed; that is, a very small success seems sufticient to satisfy him, and he is unwilling to put himself to serious incon,·enience in order to improve his education and make his services ,·aluable. Tho above statement will, as a rule, hold good, but there are notable exceptions, and the number of these has been steadily increasing during the two years of American schools. The example set by a good American teacher in controlling and teaching a. school has taught the Filipino more than bis daily lessons in English and arithmetic. The object lesson thus furnished is being learned slowly, but without doubt surely. The Filipino teacher has gained something of perspective and, in a. degree, has imcceeded in being able to think of more than one thing at a time. This part of Ms education, which has come seemingly without volition and uncon.sciously, is the most valuable thing the American schools have given him. There was a time when h<" thought it not inappropriate to take his seat during the entire session, to ignore pupils not reciting, to smoke a. cigarette before the class during school hours, to pay no attention what· ever to the roll call, and finally to pass unnoticed the entire subject of school-room decorum and discipline. From the purely academic point of view it will be some years before the provincial teacher can achieve much. The intellectual and moral background of his life has been formed during a period of unrest and agitation. The history of the Philippine Islands for the fifteen years preceding American occupation dis· closes a series of political and social disorders under whose depressing influence small attention could be given to educational institutions. The Filipino who has, during the last three years, reached the age of twenty-five, passed the formative period of his life during a. time of turmoil. He has not had a fair chance, and it is perhaps true that he will never readjust himself completely to the new rlgime. There are native teachers in this division to whom this does not apply-teachers who have fallen quickly and easily into the routine of the present system of schools and who are reliable, energetic, and intelligent; but their number is small. An extended period of education is yet necessary, if the native teaching force is ever to be brought to that stage of efficiency which \Viii enable them to take the place of American teachers. This is tr.ue from every point of view, whether we consider scholarship, power to assume responsibility, practical knowledge of school-room discipline, courage to face opposition. or ability to take the initiative in matters connected with the improvemerit of the schools. (b) Instructioft of the native teach.er.-From the first it has been assumed in this division that the most valuable and necessary work which the American teachers can do is that of instructing the native teachers. The scheme of each yearly school session hns provided for a. ten weeks' normal institute in a pueblo centrally located at which all nath·e teachers have been required to attend. All other adult Filipinos who have sufficient intelligence to do t>O have been invited to enter. A further effort has been made to induce every bright boy or girl of 12 years to take advantage of this opportunity. The work, however, of these normals has been planned specifi· cally for the native teacher, and besides the ttgulation academic curriculum a model school of young children has been established in order to gin him p1·actice in the actual instruction and discipline of a. school under the immediate supervision of American 64 OFFICIAL GAZETTE ------------ - - - - - - - - - - - teachers. This model school has been composed of pupils ranging from 7 to 16 years of age, the intention being to furnish an average pueblo school with none of its difficulties absent. Each native tcachel' has been required to give two of the ten weeks to work on regulating this school, which has proved one of the most satisfactory featm·ftl of the institute. The normal for thf' year, now in session at Dagupan, has been an agreeable surprise to all concerned. There are approximately 400 teachers and adults enrolled and 130 a8l)irantes or advanced pupils. The numbC'r of aspirantes and advanced pupils at Lingayen is near 400, thus bringing the entire enrollment for the province to about 900. These numbers, while significant, do not indicnte the excellent spirit of these students nor the quality of work being done. Their enthusiasm and good will has won the American teachers to the most patient effort. During the ten wceks the American tencher becomes well acquainted with the most intelligent natives of this province, and the native is given an opportunity of undel'standing and participating in a kind of social life to which he has been unaccustomed. PROVINCE OF ltlZAL. Towns left without an American teacher, from whatever cause, show clearly that schools in this division are nOt successful under the chal'ge of a native teacher only. Severnl instances of this fact have occurred. Mariquina, under the charge of an American teacher, had an enrollment of 250, but, when Mr. Gurley left, thl' Pnrollment dropped to 20. Taguig had an enrollment of 70 under the charge of Mr. Du Radway, but, when he left, the enrollment dropped to 15, though more native teachers were provided. This influence of American teachers has been felt in thirteen towns. There are reasons for the older pupils to drop out when the American teachn leaves the town. In all the towns now, the "A" class pupils of the school arc advanced too far to receive instruction from the native teacher. When the native teacher attempts to conduct the "A" classes his \Vork is usually a failure. He lacks the education and sufficient interest to hold the pupils in the school. It discourages him to think that his 'vork is beyond him. He causes dissatisfaction in himself, in the town, in the school, and eventually the children dl'Op off, and school is finally closed for want of attendance. This province has only eight native teachers who can fill the bill in the school room, required by law, without d~Lily American supervision. It would be a good idea to have these eight teachers put on insular pny sufficiently remunerative to induC'e them to go to the towns that al'P now suffering for the want of American teachers or good nath·e teachers. These towns now must be satisfied with poor native home teachers, or toke none. for they ar<' unable financially to pay the salary to induce efficient native teachers to go to their towns. The division is in need of more good native teachers. but it has no more sufficiently advanced to receive insular recognition. Each American teacher devotes five hours a day to actual teaching, four hours are giYen to the pupils of schools, and one hour to the native teachers. In some SC'hools the one·session plan l111s been tried. proving satisfactory to both teachers and pupils. In the town of Tarlac the onc-s<'ssion \Vas followed, but instead of having a special class for t.h(' native teachers. thf>y were l'ntered in the classes in th<' provincial school. and the American tcacl1ers of the municipal school took C'hal'ge of thf' <'lass('s in thi11 sC'hool. This yenr it is thought best to adopt a uniform plan for all the schools, and since tbe onC'-scssion plan seems preferable and morf> snit.able. the following arnmgement has hr-en sugg<'sted: Morning session, for p1ipils, from 7.30 to 11.30; teachers' class, afternoon, 3.30 to 4.30. The work in the teachers' classes in the past has largely consisted in instruction in English, hut now since more of thP teachers possess a fair understanding of the language, it has been deemed advisable to devote the hour to the discussion of and instruction in methods of teaching. The teacher brings up for discussion anything pertaining to the school work. He takes this time to help prepare the lessons for the following day, showing the best way of presenting a new idea, calling attention to some point which needs to be emphasized; in fact, he should make his teachers feel that this is the time for them to unload their troubles and receive advice and assistance. Filipino teachers have been in charge of fi,·e towns during the past year. No great results \Vere expected on account of the small knowledge of English of the teachers, but these schools were established to satisfy the demands of the people, and it is surprising to note what some of the little people have learned. These schools have been the means of getting into the Normal School some few who otherwise would' never have entered. It has been difficult to get good teachers for these smaller towns. Naturally the best teachers are found in towns with .'\merican teachel's. The Filipino teachers pl'efcr to remain at these places because of the opportunity of learning English, and moreover, they attach a certain honor to such positions; on the other hand they regard the sma1ler towns in the same light as barrio schools which are beneath their dignity. It may be added that the Filipino is loath to leave his town and the townspeople are not willing that an outsider should come; the sending of an outsider in several instances has been the cause of trouble. In .:mch cases the officials make a complaint against the teacher on some pretext; when an examination of the matter is made it is gencl'ally found that either he is not a "natural," or that be is of a different class from the majority of the townsfolk or most influential faction. Up to and including the month of August, 1902, both the interest and attendance in the public schools of this division were steadily increasing. The support given by the municipalities to the public schools was good, from their standpointvery good. The people desired ~ have their children in school, but not infrequently the desire was not strong enough to cause the parent to sacrifice somewhat in order that it might be realized. Good will toward the American teacher was everywhere expressed in most cordial terms. And those towns which did not have American teachers sent in, and are still sending, peti· tions asking that they be given American teachers to take charge of their schools. About the first of September cholera appeared in Iloilo Province, and the schools were soon all closed by order of the provincial board of health. The epidemic continued with varying severity through the province for about two months. During a]) of this time the schools were almost without exception closed: It soon became apparent that malicious stories of the poisoning of wells were causing the ignorant mass of the people, an.:! not a. few of those who styled themselves "ilustrados,'; to look with suspicion upon the Americans. And in many cases all confidence. in us was, for the tirrie being, lost. This unfortunate circumstance made it doubly hard for the American tr-acher to be of any assistance to the people b. their distrrss. For, ha,·ing no confidence in the Americans, they feared to accept the ministrations of the teachers lest they make use of the opportunity to poison them. In only four instances, however. was the American teacher openly charged with having poisoned wells or food. The oiituation in which we all found oursrlvr-s could not well huYf' bern more delicate. In every case where it was knmvn thnt the American teacher was regarded with suspicion I directed him to come to Iloilo, believing that his absence from his town while cholera was continuing to spread would do more thnn any amount of argument could to disabuse the minds of the people of the idea that the American teacher was in any wny the cause of the disease that was carrying off' OFFICIAL GAZETTE 65 so many. The result fulty justified this action on my part, for in every town where the American had been under suspicion during that trying time he was welcomed back upon his return, with the fu11 confidence of the people. In a few cases, where the conAdence in the teacher was too strnng to be broken by absurd rum~rs and the common sense of the people too sturdy to weaken them, the teacher remained at his post and gave the people all the assistance in his power. In the few towns from which I have been able to secure fairly complete data of the mortality among the school children during that time it was found to amount to a little more than 15 per 1•ent. I believe that this percentnge is below, rather than above, the average for all the towns' of the province. From these figures it will be seen that it took us all the remainder of the school year to get our schools back to the point they had r°e'llched before cholera began its work in the province. The American teachers succeeded in not only getting back practically all of the old students, but also enough new ones to take the places made vacant by the death of 15 per cent of the former pupils. The native schools were still about 25 per cent short of their August numbers when schools closed. I feel that the American teachers are to be congratulated upon their record. For they returned to a people whom malicious nunors had made distrustful and suspicious; to a people who;f' homes had been shattered by death; to a people hungry and despairing; whose fields were untilled and whose carabaos were either dead or stolen; whose courage had been broken; whose brightest outlook was somber indeed. Such was the condition of the people to whom the American teacher returned and in whom he began to instill a new courage. That he succeeded in overcoming th~ir distrust, in gaining anew their confidence and support, and in re:fil1ing his schools speaks eloquently for him of good work done. Ilow fully he succeeded in regaining their confidence is evidenced by the unprecedented number that came to thP capital of the province for the month's work in the Summer Normal and also by the very large increase in the enrollment ut the beginning of the new school year. PROVINCE OP' RIZAL. From April to September, 1902, it was necessary for every municipality to provide money to fight cholera. Nearly all the crops were devastated and wholly destroyed. The industrial taxes in the tO\vns of this province are small, with few exceptions. The towns' treasuries became depleted. The land taxes were not yet paid. As a consequence of these conditions of the town treasuries the schools fared very poorly, so far as financial sup· port was concerned. In many cases debts had be<'n incurred by the municipalities and awaited the payment of the land taxes for liquidation. In some cases it was absolutely necessary for the towns to use some of their school funds aC'cruing from the land tax for its cholera funds, as health regulations demanded certain expenses to avoid the reeurrenc" of cholera. Also in some cases towns borrowed school mon<'y to fight grasshoppers. having since been so poor that they <"a.n not repay. The grasshopper pest impoverished the people in food and money. Parents could not se-nd their children to school under these trying conditions even if they had been fully cognizant of the great benefits of the public schools. GE~E:RAL PROGRt:SS !lf.\Ot:-SCllOOI. ('OXDITIONS. There can be no doubt that the public schools arc winning their way. Two years ago the Filipino people did not believe that the educational movement in these Islands would be permanent. Time and again this statement was made by representative natives, but the belief no longer prevails. The natives everywhere in this section are coming to understand that the Bureau of Edu· eation is a fixture in the system of Civil Government, and that it is maintained solely for the good of the Filipino people. With 12936-3 this realization has come. in nearly every pueblo. a complete cooperation with the American teacher. There are instances, to be sure, in which this is not true; instances in which the presidente, who by virtue of his position can in large measure make or mar the school, has not diligently exerted himself in its behalf. but I know of no case in which this spirit has been an aggressi,·e one. It invariably shows itself in. the form of indifference (not unmixed with colossal laziness) to progress of any kind which demands a certain amount of energy. It is difficult to judge of the nsults that the Bureau of Education has accomplished since it took up its work in the Islands. In judging of the work of any division we must take into consideration the work done by the Manila. Normal School in train· ing teachers who have returned to their homes and rendered valuable service in teaching not only English but the elementary branches. and in presenting their work acCording to modern methods. In no province more than this has the opportunity been afforded to the American teacher to see- what modern training will do for the Filipinos. The result ha>< been very encour· aging to us all, and we entertain high hopes for the future of the school system as the Filipinos gradually take the places now held by the American teachers. To judge of the work accom· plished locally we have only to compare present conditions with the conditions as we found them on our arrival some t\vo years 01go. Then but few people could speak English; now, in each town where an American teacher has been for some time, you will find many children and grown-up people who understand and speak considerable English, and the children have a good understanding of the elementary subjects. The interest no\v felt in education is manifested in many ways: Large enrollment and regular attendance; flourishing night schools in which many older men have learned English; the desire to retain the Amer· ican teachers and to render them every aid possible in building new school houses and in i·epaidng old ones; in passing local compulsory education laws; parents' coming to school to reporf the sickness of their children-all these things tend to show the interest parents and pupils take in education. The number •)f people speaking English as compared with those speaking Spanish would be in itself a standard to judge of the success of the work accomplished. To go further and judge of the advancement made in the common branches by those taught in the American schools for a short timf' as compa!'ed with the knowledge of those educated dming Spanish times is, from our standpoint, most favorable to the American-taught pupil. Now each town_ has a class of from 20 to ao pupils well started in the common branches, eager and willing to learn; all that is needed is the American teacher to. help them along. The work done by the Filipino teachers is most gratifying; they have dropped the old method of teaching and have adopted our mPthods with splendid results. It has been observed that the schools have flourished best and received the most support in towns where the officials. especially the presidentes, are men of ability and regulate well the municipal affairs, whereas the schools suffer in the poorly governed towns. Some officials have been removed from office on account of inefficiency or charged with some criminal offense of which they had been found guilty. The Filipino padres have not been unfriendly toward the American teachers. although th<>y have maintained an attitude of indifTerence toward the ,,('\1ools. In some towns thr padres ha,·r addressed thp pupils on spl·cial occasions. The vadre of Tarlac contributed to thr fund raised for the construction of an addition to the new building. Another favornble evidence is that ther.e has hwn less demand for the closing of schools for the observance of c-ustomary holidnys. This has been happily adjusted in some towns by excusing from clas,; all pupils who desired to attend after which they return to their classes. 66 OFFICIAL GAZETTE PROVlNCt: OF PARAGUA. What is needed is more American teachers for a few years, and then there will be enough native teachers for the work to be done, who will come from the boys and girls now learning English. In the barrio schools we have several teachers employed who do not know any English at all, but they teach the children to read and write their native dialect. The only book they have is a little book called "Doctrina Cristiana." ln fact, this is the only book printed in the native dialect. The teachers of these schools are for the most part very ignorant and only receive from two to five pesos per month. It is positively pathetic· to witness this fruitless effort to acquire knowledge. It is certainly encouraging to note the difference between these children who have no opportunit:i.• and the children whh have been under the careful instruction of an American teacher for two years. J am fol'ced to the irresistible conclusion that eithel' American tcachPrs or native teachers educated in America must be provided. The Province of Parngua is a ripe field for the American teach<'r, fol' all the natives want teachers. There is but little hope of many people over 20 years old ever speaking English well, but there is great hope that all the children will be able to learn English well. The field is open and the people desire to learn English, and already more children speak English than there are grown people who speak Spanish. This province, and especially Cuyo. with proper concentration, can be made an English-speaking peoplt>. 8tutistics, Burecw uf Education. (Superviwrr .forc:l' of the Bureau of Education: D.1.vm P. B.t..aaows, General Supcrin!endenl; FRJ.NK R.WHOTE,A88i8tantto the Gerural Superintendent.] ------- -~-----------No. Division. Superintendent. Headquarters. ------ - - - - - - - - - - - - - - - --------------- O'Reilly, G. A------------------ !'danilt1. Sorsogon ______ Fisher, E. E-------------------- Albay. W. B--------------------- NuevaCaceres. H--------------------L.T __________________ _ ------------ oag. :::::::::::~ X~1ro~--------------- Santa cru~. ______ : ________ San Fernando. ---------------- Tacloban. ---------------- :Masbate. _::::::::::::::: ~i~~f§;o~· ------- oeman, ------- Putnam, C --------Bayombong. Bacolod. Pampangn and ·natM.D::-1 ¥'~u~t T,v-A:::··::·---k~!'a,"~~~~-~: __ : :_:_::-:Tiiie&sdaie·B--G: : _____ J Walk,G E------------ I Brigg~ G N. _ Moro Province ---·I su.1~~b~, N M ------- ---------- Zamboanga The Ph1hppme Nautical Colbert, W J pr111cipt1L_____ :mm1la School I T~~h~:~ippine Normal i Bcattie,G. W.,princlpn.L______ Do. 1 The Philippine school of I Glenson, R. P., principal.______ Do. _l_~~tsnndTmdes~-- _' ______ _ Secondary ¥Choo/$, Division and location. Principal. ·" 37 J;"ii 12<1 12'.! 11' 121 IOI ~ "" ~I :.>o"il 111; n.~ "' Ill ,. 76 J3i 269 f>i l."i3 '" l\l3 ------------ Chas. K. Bliss-------~--- 431 , 3"-1 lloiloandAntique: ------------ P.S.O'Rellly__ 140 I 12i Iloilo, Iloilo __________________ C.H. 713, 198 lt:ifo1~~Tn~t£~~~~:::::::::::: f:::. ==============' ~~i I :~ ~~~~~l~H~~:.~~;~::~] ~f :~:~!~!,:::·::---~-~-~ !~ I :~! ---------- C.W.Ouerin_______ 80 I fi;, _ ==~~:~~~~~~~~~I ~~{11ii!fl1~L::=~j ] , '.!! ucena __________ , ___________ I H. H. Balch ________________ , no: 90 :~:;i .. ~:~:=:::==_::=:::1.~ .. ~.~~~~=:::::~_:::1,,,~_: ,,,:'. Statement of enrollln.ent a11d. altend.a11ce of night sdool8for September, 1903. ·;;:-------~!~=------ --1Nm1~b;;;-~nroll-1:\.,crasc sch'!ls I ment a~~e~~ -------- - - - - --- - --1 - I Mamie. I I I ¥~d~~e~!JS:::.:::::::::::::::::.:::::::::: ~ I 3 r~~ 2 ~~ i ~~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~: i I ;~ 1 ~~ I 8!i~r-~~~~~~l~~~~~====::::::::::::::::::::::::: I~ i* 1~ 1~ 8:b~U:.:::::::::======-- :::::::::::::::::·:·-1 + ~. m 11 Ilocos Norte_____________ --- _. I ~ liO 12'.! ~~ ngw~ ~~~ 8f~u~~~~:::::::::::::: _____ : :::.::_ g m ~f~ I; ·~::~~~-filfil ~ l I ! ~ ======;::::::====::::::::::::::::! ~i 1 nr lt~ ! ~;~~~~~~~~J1J1 j OFFICIAL GAZETTE 67 .9Wtnncnt of public clay uhoo/11 for .Srptrmber. 1903. Total. IJivlsion~. Perc<>nt 1':Stimateof age of Christian ~chool school pop- populu·. ulation. ~~i~l!'.· Non:.-Moro Province. Benguct, and Lepanto-Bontoc are not here included; enrolimt?nt, 2.000: attcndancc.1.:,00. BUUEAU OF AGUICULTUUE. Prof. J.'. LA.MSON·SCKIBIS'ER, Chief of Bureau. Fiber& of tllf• Philippines. .THE CrLTIVATION OF MAGUEY IN THE PHILIPPINE ISL.ANOS. [By H. T. Edw11.rds, liber expert for the Insular Bnrean of Agriculture.) I.ETTER 01'' TllANS~llTT,\I.. Srn: 00 " " There is reason to belie\·e that the production of magu<'y <"nn he made onr of the important agricultural indu . ..,tries of Uw Islands. It is already widely distributed, having lll'f'll reported to this Bmenu from 22 different provinces. Therf' :ire• large areus of land, unsuited to almost any other crop, which would be in every way satisfactory for maguey. There is a good licmaud for the fiber, the cunent~quotations for sisal in the Ni.•w York markets being but 2 1.-ents" less per pound than for abac:1.. For t.he development of this industry in the Philippine Islands it is <lL>emed important that evel"y effort should be made to improve the conditions of plantation mnnagcment, to encournge thf' introduction of fiber-extracting mal.'hinery. and to disseminate as widely as possible wlmtenr information is available relative holh lo thf' cultivation of tlu• plant and to the extr~ction and treatment of the fiber. VPr;i· respectful\,\". H. T. EDWARll:-i. Fiber Exp<'rl. 1'1·of. F. LAMSO:-.--fk11m1o:u, Chi<'f lnst1lar B1ireau of :lgricult11re. IN'TUODUCTION'. ?lf:1gn1.•.v and sisal are the common numes of two closely allied -.p1'eit•;; of th<' g<'nus ~l!JllV<'. There hus been sonw confusion in tlw \Isl' ol" th<' name mnguey, it being sometime;;; applied to nil of th1• spt•1·il's of .lyuvc. Strictly spt>aking. ho11·t·1·l'r, the maguey of )IC'Xi<'o and <'1•ntral Ameri<>11 is the plcm/, of :l.qave aincricana, which produces the fiber known as "pita," while sisal is the fiber produced by the plant henequin, Agave rigida sisalana. In the Philippine Islands both the plant and the fiber are generally known as maguey and have been classified as belonging to Agave 1111tei-icana. It is probable, howe,·er, that the greater part of the so·calle<l maguey fiber of U1e Philippines is produced by the species Agave ri[!ida si.salana and therefore should more properly be termed "sisal." The fiber known as ixtile. or Tampico fiber, is produced by Agave heteraoontha. The Agaves are natives of Central America, but are now widely distributed throughout the world. Tllf'y are found in Mexico, Central America, the West Indies, southern Europe, India, and other countries. The plants are often used for ornamental purposes, the juice has medicinal properties, and when distilled lias a wide use us an intoxicating beverage known as pulque or 11wscal, the pith furnishes a good "substitute for soap, and the fibers have a great variety of uses. ,·iz. fo1· cordage, fishing lines, nl't'l. hummocks, saddle blank<'ts. bnishes, laces. and both fine and coarse fabrics. )lngue~' was first introduced into the Philippine Islands from )lexi<"o or Central America by the Spaniards, but at what time. or by whom. we are unable to dete1mine. The plant has long been rah.ed in a small way, but it is only in very recent years, since there has been an increased demand for the fiber, that its <'Ulth·ation has become an important industry. From the Provinces.of Ilocos ~forte, llocos Sur. and Cnion maguey fiber is now exported in considerable quantities. In many other provinces W<' find the maguey plnnt and in numerous instances the fiber is extracted for local use. Th<' production of a~ac11 has been such an important industry in the Islands and its cultivation has 1"ecei1·ed so much attention that the good qualities and true \"alue of magney have been to somf' extent 01°erlooked. In tlie different provinees we note a \'arialion of the spelling 68 OFFICIAL GAZETTE -------- -----------------------of the word "maguey," also several distinct ways of extracting the fiber and a number of different USC'S for the same. Although this fiber is produced in commc-rcial quantities in hut a few provinces, it is otherwise widely distribut1•d through tlw Islands. The <·ultivation and utilization of maguey has been reported to this Bureau from twenty-two different provinces, as follows: Abra, Albay, Antique, Bataan, Batanga!., Benguet, Bohol, Bula· can, Camarines, Capiz, Ilocos Norte, Iloc:us Sur, Iloilo, Masbate. Xuc\·a Ecija, Nueva Viscaya, Pampanga, Pangasinan, Romblon, Tayabas, Union, and Zamhales. In difTel'cnt localities the fiber is separated by different methods ani:I. is used for different purposes, as is shown by the following data: .·lbra.-Maguey grows abundantly but is not largely utili?.ed. owing to the difficulty of separating the fiber without the use of sea water for retting. Experiments have been made in sending the maguey leaves from this produce to the tide waters of !locos Sur. The fiber thus produced was in all respect~ equal to that obtained from the plants grown in Hocus. Maguey also has a local use peculiar to this province. The leaves are split lengthwise into a number of parts. These parts are dried in the sun for two or th1·ee hours and are then used as lashings for tying bales of tobacco. This material, however, is reported to be lacking in strength and not of great value. Albay (Magui and maguei).-Grown in small quantities for local use only. ANTIQUE (Magui).-ln Antique maguey fiber is extracted by the same process as that used for piila (pineapple). The leaf is placed on a smooth board and is then scraped with a piece of earthenware, which removes the pulp. The fibers are then taken out by hand, washed and dried. This method produces a very fine quality of fiber which is used in the manufacture of delicate fabrics. Bataan.-Gl'Own in small quantities for local use only. Batangas.-ScYera1 thousand plants have recently been sent to Batangas from Hocus Sur. Maguey has pre\•iously been grown in this province only in small quantities. Two methods of fiber ext.ruction are practiced in Batangas: (I) The leaf is treated by tlie stripping process employed for abacli; (2) the leaf is split in two parts, one end being fastened to a stick or pole. The free end is then caught between a piece of split bamboo which is manipulated with both hands of the operator over the entire length of the leaf until the pulp is ef!,tirely removed. Both of these method,; are more laborious than the retting process, but they produec a better quality of fiber. Bcnguct.-.Magucy is grown is the pueblo of Kapangan. It has only a local use. Bohol (Magay).-Found principally in the pueblos of Loon, Panglao, and Maribojoc. ThP fiber has a local use both for cordage and for fabrics. • B11lacan (Maguc) .-Gl'Own only in small quantities for local use. Cama1·i11cs.-Grown largely in the pueblo of Basao. The fiber is scparted by the piiia process and is used in making fine and delicate fabric,;. There is a great deal of land in Camarines well :mitcd to magncy and it:-; cnltirntion might well become an important industry. Capiz.-Grown in small quantities for local use. /locos ::\"orlc.-Ilocos Sur and !locos Norte are the two imporl:rnt nmguey-producing prnvinces of the Islands. Nearly all of the fiber which is exported comes from these two provinces. l\[aguc:.' is found in all parts of llocos. In the pueblo of Batac ii is estimated than one-fourth of the population ( 18,000) is cngagetl in raising nmguey. In Paoay it is estimated that lhcr<' arc :JOO hectares of magucy, producing an annual output of fiber valued at $7.500. There are se\·eral important plnntatio11s in Ute pueblo of ::N'agpartian und in the barrio of Din·ila. Owing l.o the method of planting maguey in small 11nd widely scattered plots it is difficult to make any very definite estimate of the area under cultivation. The only estimate received by this Bureau staWs that 500 to 600 hectares are under cultivation, producing an annual yield of about 2,500 piculs of fiber. It is the general custom on the different plantations to use the rich lowlands for rice and corn, re;;ening for maguey sandy knolls, fence corners, and any other so-called "waste land," it being considered that the only requii t>ment for maguey is sufficient room in which to grow. There has been a great increase in the area de\·oted to maguey in this province during the past few years owing to the higher prices paid for the fiber. Maguey fiber is used locally in !locos Norte both for cordage and for fabrics and is exported in large quantities. /locos Bur.-This province produces by far the largest amount of magucy fiber of any province in the Islands. The general conditions lll'e the same a,; in llocos Norte. Planting is largely done on waste lands, the fihPr is extru<'ted by the retting proct>S>1. and the fiber is exported to i\lunila. . Iloilo (Magui) .-Grown in small quantities near the coast. Has only a local use. Masbate (Magui).--Grown in small quantities. The fiber is extl'!lcted by the pifia. method and has only a local use. ·Nueva Ecija, Nueva Vizcaya, and Pampanga.-Grown in small quantities for local use. Pangasina.n (Amaguey 01· pita) .-A small amount of fiber is "xported from this proYin<'<' and has a limit<>d local use for rordage and fabrics. Romblon (Pita).-Grows near the seacoast in small quantities. Tayabas.-Grown in small quantities and used for fabrics. le considered equal to pii'ia. Union.-ls exported in small quantities and has a considerable local use principally for cordage. The fiber is extracted by the walcr·retting process. Zam bales (Amaguey) .-Conditions are similar to those of Union. Small quantities of the fiber are Pxported and watp1· retting is practiced. The above data is sufficient to show that, while maguey is not at the present time an important crop in many provinces, it Hi at the same time widely known and distributed. This fact will greatly facilitate its more general introdu~tion. THE MAGUET PLANT AND FIBER. The maguey, 01· "century plant," is largely used in the United States for ornamental purposes. In many parts of the Philippine Islands it may be seen growing by the roadside, in gardens, and in neglected fence corners. The plant consists of a short, heavy stem which bears an aloelike clusWr, or rosette, of from 20 to 40 thick, fleshy leaves. These leaves are from 3 to 7 feet long and from 2 to 4 inches wide. They are light green in color, are co\•cred with a whitish powdery substance, bear sharp lateral tPeth and a terminal spine. The leaf is composed of pulpy maierial interspersed with vascular bundles which furnish the fiber. When the plant matures, which is in from seven to fifteen years, a central stalk, or "pole,'' grows to a height of from 15 to 20 feet. This stalk first bears flowers and afterwards a large number of small bulbs which, when mature, fall to the ground, After flowering once the plant dies. The fiber of the maguey, belonging to the class known as structural fibers, is produced by the leaves. It is obtained by sepnrnting the pulpy portion of the leaf from the fine filaments, or fibrn-vuscular bundlC's, which run through this pulp. Thp fiber if carefully separated and dri<'d is quite white and brilliant. It is 4 or 5 feet long. is fine and soft, and is more win·y or fluffy than is Manila hemp. Another nrnrk<>d quality is its great elastieity, which gives it great \'alue when used for cordage that i!' liable to U(' subjected to any sudden strain. "Its main faults ure the stiffne"'" shortness, und thinness of wall of the indi,·idual fibC'rs. und a liability to rot." (Spon.) Its strength aa eompar<>d with certain other fibers is shown by the following OFFICIAL GAZETTE 69 Jat11: "Jn a tl"ial of strength 1war ('akutta the tt·sts were made with ropC'"s 1 fathom long and :i incJw.., in c·i1·,·m11ferenc1>. with the following results: The Agave or pita brok1· iu a strain of i,i>IY! pounds; eoir, 2,li5 pounds; jute, 2,456! pound<>: and sum1 hemp, 2.:269; pounds. In an experimf'nt with Russian lwmp aml pita the first named broke with 160 pounds weight and thC' latter with 270 pounds." (Dodge.) These tests arc> sufficient to show that in the important quality of strength maguey compares fa\"orable with other well-known comnwrcial fibers. CLlMATE. Almost any tropical or subtropieitl climill<' appears to be favor· able for the growth of maguey. Owing to its thick, fleshy leaVC"S it will not suffer duriug a prolonged drought, while it also flourishes in the humid climate and during the rniny season of the .Philippinrs. It is stated that in a humid climate a longer ;md more elastic fiber is produced. 'l'he only injury which the plnnt suffers in the Philippine Islands, from climatic conditions, is from the heavy winds which sometimt>S tear and lacerate the leaves. The most important feature of the soil suitable for maguey is that it shall be well drained. The plant is very sensitive to water at the roots, and without good drainage will make but a poor growth or will die outright. Maguey will grow well rither on n heavy or a light soil and under very adverse conditions, but the impression that it will do well in any soil is a mistaken one. Plantings are sometimes made close to the seashore in dry sand. Linder these conditions even maguey can not be expected to thrive. Undulating lnnd or hilly slopes are the most suitable, a,, in such locations there is usually excellent drainage. On the plantation~ in the llocos prnvinces the lowlands are used for rice and corn, the small hills, together with any sandy or !:!tony pieces of ground, being reserved for maguey. The planters in these provinces will :ilways say, "only cheap land should be devoted to maguey." While this may be true with the present slow and expensive method of fiber extraction, with the introduction of fiber-extractihg machinery it is very probable that much of the land now used for other crops which are considered of greater value might well hi' planted to maguey. This plant will grow and yield a certain amount of fibPr upon almost any soil and with no care. Under more favorable conditions, howt•vcr, the yiPld of fiber may be greatly increased. · ESTABLISHING A PLANTATION. The practical question which faces any prospective planter of magucy is, Where and under what conditions can a maguey plantation be established in the Philippine Islands? Suitable cli· matic and soil conditions cim be found in almost any province in the Islands. If the fiber is to be extracted by water retting the location must be nC'ar the mouth of some river, where the tide water can bl' utilized. This method can not be recommended. It is slow ancl expensive- and requires the use of a great amount of labor. 1f fl.brr-extracting machines are to be used the location can be made at any point where there is a sufficient amount of well· drained land, hea,·y clays and very light sands being avoided if possible. Due consideration should also be given to the facilities of transportation, the amount of availablr labor, and a good water supply at some central point. The general methods of plantation management as described in the bulletin entitled ''The Cultivation of Sisal in Hawaii" may be advnnt:lgcously followed in these Islands. Owing to the difficul· ties and slowness of trnnsportation, the first step to take after ha,•ing secured the Jund for the plantation should be to order the suckers for planting. These can usnnlly be bought in sufficient qunntitirs from the maguey planters either of Ilocos Norte or llocos 8ur and co:st from $3 to $6, local currency, per thousand. The plantation should then he mapped out, the land cleared, an<l 1 lw sites s••lrcted for buildings and a nursery. The lll<lgucy pro<luc<•,, l>oth seed and sucker,,, the formcr, how· c•vcr, only in :-mall quantities. Jn sb1rting a new plantation seed b sl:'ldom or nPver used. When the maguey plant reaches matur· ity suckers grow out from the axils of the lo\ver lea\·e,, and small bulbs arP borne upon the flower stalk or ·'pole." Either these suckers or the bulbs may be used for the new plantation. If it is possible to secure well-developed suckPrs, these may be planted at once in the field. When bulbs ·or pole plants are used they should be first set in the nursery in rows I foot apart and 6 inches in the row. In about a year these plants will he ready for transplanting . The system of planting followed in the Philippines differs m,t· terially from that of Mexico and Hnwnii. In the latter countriP;. th<' plants are set from 6 to 8 feet apart, while in these lshmds they arc usually given but threP or four feet. The reason for this close planting is said to be that if given a greater distance thr> plants will be torn and Jac<'rnted during the heavy "baguios," or wiudstorms. This matter is 01w to be largely determined by local conditions, the nature of the soil, the climate, and the frequency of heavy winds. In a locality subject to typhoons close planting may be necessary. otherwise the number of plants should not exceed 800 to 1,000 to the acre. Thr tinw for planting is during the rainy spason. from .rune to November. CULTIVATION. In tlw nur:>1•ry the plants !:!hould be kept well cultiv11ted. In the field no cultirntion is neCl'Ssnry exc<'pt to kc·ep down thl' grnss and weeds. Owing to the sharp teeth and "pines which arP borne on the leaves, the use of animals for cultivating soon becomes impossible. \Vhen the plants are fully drvelopcd eren hand cultivation becomes impracticable. Great care should be taken when doing any cultivating not to injure Urn !caws, as such injur:r will lower the quality of the fiber. INSECTS AXO DISEASES. The hardiness of the maguey plant with regard to soil and climatic conditions seems to be equally true as regards insect enemies and fungus diseases. The sisal of the Bahamas was at one time attacked by a fungus on the lea\•cs and a mealy bug has been reported as having done some damage. In these Islands, however, the plant does not appear to be trollbled either by insects or diseases. It is stated that the only enemy of the maguey in the Philippine Islands is the typhoon. The first crop of leaves can be cut in about three years from tlw time of planting. It is customary to harvest once a year during the dry !'.Cason. from January to May. Each plant should then bear from 15 to 20 leave~. The fiber-rxtrn<'tion process should commence within twenty-four hours after cutting. as otherwise the fiber will be stained at the end. Thrre are sever<1.I different mf'thods used in the Philippine Islands for the extraction of the fiber: ( 1) The abact\·stripping process. (2) The split-bamboo stripping process. ( ;J) The piila-scrnping process. ( 4) The maceration and rctting process. The methods of extracting by which the fiber is scp1trntc<l from the pulp without the use of water for retting gi\·e a product of \"Cl')' superior quulity. Thes~ methods. however. nrc slow uud Jriborious nnd arc not in any gencml use. The retting process has for its objl'ct the dissolution of the 70 O:E'.FICIAL GAZETTE ;..:;•111m~. rl'sinous substanN' which envelops the filaments. This 'IUhstancc being very adhesive prevents the free i;eparation of the fibers. 1f the leaf is not 1;ufficicnlly retted the fibers will still adhere to each other, while if the process is carried too far the pro<luct. is seriously injured or n•ntlercd utt<>rly worthless. Two distinct methods are in US<'. In tlw former the leaves are •·ut. crn'lhC>d, or beaten, gathered in lmndh•s. and allowed to frnucnl. When fermentation has ceased the bundles are placed iu wal<'r until the pulpy material has further deteriorated. If thio; proe<'Ss is properly carried out the i<'ll\'('S may be removed h·om llw water after two day» of retting. By this process onethird or more of the produC't is connrted into tow. By the latter method after tl1e leaves are cut and the thorns removed thC'y are split in 4 or .) pi<'ces and mnde inio bundles. these bundlC's ,being immediately pla1·ed in the water for retting. It is ad\'isnble to have the lmndl1•s small and of uniform size, also tlie coarser leaves should be separated from the more tender ones. as the latter ferm<'nt more quickly. A great deal depends upon the natme of tlw water used for rctting. This may be stagnant or running, fresh or .<;alt. warm or C'OOI. A high temperature and salin<' properties increase the rapidity of the process. Stagnant wutcr has the advantage of being warmer and the disadvantage of easily becoming foul. Snit water is preferable to fresh. Th(' tide waters of tlw rivers are most generally used. For thc_rctting process the bundles of lea,·c,, ar<' placed one upon another in the water. They should be turned every three or fom days, as those on the bottom will fennent more rapidly. Enn wlwn the greatest care is used. by the time the coarser part of the leaf is ready to be remo\'ed the finer part is O\·errctted and consequently weakened. This difficulty may be OVC'l'come by setting upright sticks in tlw w~ter. fastening the bundlC's to them and first retting fo1· three or four days only the coarse part of the leaf. This method is more expensive but will produce a better product. After the se,·enth day the leaves should be inspected daily. They may be remo\·ed in from sewn to fourteen days, depending upon the condition of the water. When the retting procc»s is complete the fiber should be removed from the water and dried in the sun. This drying will ordinarily take from two to three da:ys. Care should be taken that the fiber be not exposed to rain or heavy dews during the process of drying, as these will injure its appeanmce. After being thoroughly dried a shaking and brnshing is necessary to l'<'lllO\'C whatever extraneous ~utter may still adhere to the fibrr. The finished product is now ready for the baling press. During whatenr handling is necessary and in the process of baling gn•;1t care should be taken that the fibrr be kept perfectly dry and that the different strands and hunks do not become tangled and dirt~·. Owing to the fact that this Ilmeau has not as yet done any experimental work with magu<'y the only available figures as to Uw yield of fiber per leaf, per plant, and per acre arc those furnished by our eonespondents. Unfortunately these figures show a 1·enu1rkable variation. so that only a general estimate can be made. Jn llocos Sur the yield of fiber is estimated at one pieul of 13i! pounds for C\'ery 6,000 leuYes. Plantings made 4 hy 4 fr(•i would gin~ approximately 2,700 plants to the acre. \\'ith an uxcrage yil'id of 15 leiwcs to the plant we would have a total p·arly yie\11 of 40.500 lt•a\·es. producing 6~ piculs or 928 pounds of fihl'r per acrC'. Thl• estimated yield of fiber in this province is -l per l'ent of Uw weight of the leaves. This is the same as t.hc sisnl of Yucatan and somewhat higher than that of II1twaii. Tl\C' total amount of maguey fiber ('Xportrd from the Philippine Ishmds for the ypar 1901 was 875 tons. For the first six months of the year 1902, 86i tons were exported, indicating a considerable increase in the annual production. The current pri<:C'S paid by commercial houses in ).fanila for ma.guey fiber are as follows: For the first grade. $15, local cur· rency, per piC'ul; for Uw ~e('ond grade. $12 pM· picul; for the third grade. $9 per picul. It j;: stntl'd by fiber growers that the average relative amount of the different grades produced by a given amount of fiber is. for I.000 pounds of fiber: First grade. 920 pounds; second grade, 50 pounds; third grade, 30 pounds. The fiber is produced both for local use and for export. In the Visayas maguey is extrncted by the same method as that use~ for piiia. By this process a very fine and soft fiber is secured which is suitable for use in making delicate handkerchiefs. laces, and cloth. When used for these purposes the young and tender leave!! should be selected. as these yield a finer quality of fiber. In northern Luzon, when• extraction is by water retting, thC' fiber is coarser and is more suitable for cordage. ~:Cagney fiber has a variety of USC':< in nrarly all civilized countril's of the world. In the United StaU!s principally for binder twine, also for ships' ropes and cables and for small cordage. In Mexiro and South America for lines. nets, hammocks. und saddle cloths. In EuropPan countries for \·arious classes of cordage. The essential principle of the fiber extracting machine is that the pulpy material of the leaf is seraprd from the fiber without any preliminary maceration or fermentation, thus saving all of the expense and labor of the slow rl'tting process. The use of fiber-extracting machines is a qu('stion \Vhieh has received much attention and is a matter of general interest in the Philippine Islands. In the ease of abacfi no machine ha:; yet been introduced which ha.s met with any <'onsiderable degree of success. With maguey, however, several dilfl'rent machines are in general ur:.C' in Mexico and the West Indies. Descriptions of the simple ··raspador" and of the more complicated machine used at Sisal are given in the bulletin on "The cultivation of Sisal in Hawaii." There is no reason why such machinery should not be used in the Philippine Islands. The quantity of fiber produced is amply suflicient to justify its introduction. With suitable climatic and soil conditions it only requires machinery to make the production of maguey an important indu>Jtry in. these Islands. Without snch machinery. however, this industry can neYer become a nr.r profitable one. The compC'tition between different fibers is now such that only those posses,,ing the most desirnble qualities and which are produced at a minimum of <·o><t t•an be expected to hold their plarr in the commerrial world. PHOSPECTS OF THE :\IAGUEY li'mL·sT1n· l:'\' TllE l'lllLlPPIN~; ISLANDS. The gt•neral aspects of thl' maguey industry as it now exists in the Philippine lslarids haYe ah·('ady been considered. The plant is widely dishibuted through the IslandS. The fiber is ex· tracted in a small way in many prnvinces and in considerable quantities in northern Luzon. ).laguey fiber has a recognized place as one Of the leading <'OllllllCrcial fibers of the world. Its production on u large scale i-. a profitable industl'y in :Mexico and Central America, where tlw <·omlitions are in no \\·ay more fa,·orable than they Ul'e here in the Philippines. With tllC' same business-like m11nagement of pl:rntations and the use of fiber-extrncling machinery the industry is on<' whil'h should yi('ld reasonable profits and which is worth~· of being widely l'xtended in thes(' Islands. The maguey plantation eith<'r in this. or in an:.· othl'r. ('O\llltl'y can neYer be looked upon as the pro\'erbial "gold min<'." It i>l, however, n safe and a prnfitnblc imJu,.,tr:i'· and wliere ubac:t will die for want of water OFFICIAL GAZETTE 71 und cotton is destroyed by in,,ecl C'Rl'mies maguey ('Ontinues to flourish and yield good return,;. INQUIRIES RELATIVE "fO FillEJl PLANTS AND FIUERS. (Re1•lr from ~cgr0>< (),-.(•irlentnl to Cin·ulnr ~o. 3.] I. Kame in tl1c order of their importance all the plants of your province' or municipality \Yhich yie-ld fib(•r for commercial or local use. Abact\, J/11sa /.c:clilis, the different varieties of which are moro, bisaya, kini-;ol, snlaog, lon6, ('amarincs, tuncaao, agutay, kala-ao, pucol, timloc, unmmbac, salHL cadiznon. Other species are piiia, hulac, 0fJs8ypiwn arborcum, magm·y, anab6, togabong, dalupang, ,,aJag(I, siapo. bunang-bunang, burr, bamboos, anilao, bagocon, lapnis, silhigon. tanfig, banilad, balitnong, cocoanuts, paathalo, paoa, cagar, salilmng-bang, lab6g-lab6g, sig·i<l, hagnaya, bulao·bulao, bulacau. tipolo, hanagdong. Besides thc»c, there arc otlwrs, used in tlu· manufacture of hats, mats, etc., ,;uch as bnllo, nito, pandan, ticog, lucay, mora, rattan. :\fany of tlw plants described ttrc used for making cloths, from thC' very finC'st to the very coarsest; otherfi. arc used only for making rope; still othC'rs for making mat<i, hah, etc. 2. What is the approximate area occupiC'<l by these fiber plants, and whnt is the c . .;;timated value of the fiber produced? These plunts cover a considC'l'ablc arr.a, lwing found c\·erywhere. most of them growing spontaneously. To :spC'ak of none but abacU (the only fiber exporl('(\). its annual yield ma~' be ,;tuted at $50,000 Mexican. :t What is the amount of fiber produced by a single or imli,·idual plant, and what is the yield of fiber on any given area 1 The greater number of those mention<'d are not cultivated, and others, such 'as tindoc, umambac, sab-f1, and cadiznon, arc cultivated for their fruits only. The first seven varil'ties of abac!i, which are cultivated for their fibers, yield, per hectare, 14 piculs of white, clear fiber, brinJ!ing $2 to $4 more than the current price of the best quality of abacr1 quoted in the 1\Ianila markets. 4: Do you think tha.t such fiber plants as cotton, flax, jut<', ramie, or other commercial fibers not now grown in your vicinity, might be successfully introduced and cultivated? l ;IJR confident that cotton, flax, jute, ramie, and other plants conld bC' cultivated advantageously. Bulao is onf" of the varieties of American eotton. and ramie s~ms to me the same as or very similar to anab6. 5. Do you know of any native fiber plants not now used which might possibly be of some value? Many of the plants above-mentioned are but little' ntilizC'd in this locality if, i_ndeed, at all, though thC'ir importane<' is by no means doubtful. To illustratC': There is an immense arJa of land covered with pacol, which l!ro\t's spontaneously, but absolutely no u~C' is mad<' of this plnnt. notwithstanding the fact that the fiber is highly esteenwd for thC' fine cloth that can be woven from it, it lwing inferior only to that made of nbacl'i.. The same is true of tindoc. umambac. sab-l'L and <·adiznon. We have also anilao, salago, sinpo. bngocon, etc .. of whid1 no use is madf', but from 1\·hich ropes and strong mats can be made. 6. Give the namC's of those plants the leaves, bark, or other pnrts of which are used for making hats, mats, or other articles of value. Mention the part used. }fats arc made of the stems of nit6. and also from ban1boo, ticog, rattan, etc.; mats and hats are also mad<> from the leaves of burf, hallo, pnndnn, morn, etc., and cloth from abacl\. 7. Do any vnricties of rattan, or plants used for similar purposes, grow in your vicinity? lf so, mention the degrees of abun dnncC' and the namC'S nnd USC'S of the different kinds. Revera] vnrit>ties of rattan grow upon the mountain slopes, such ns 'mnngnno, palasnn, and punsilanon, which are of the best quality; then cOmC' .pudlos, bngting, balagacay, tomaron; and, lastly, calapli, taguiU, tamalola. panlitocan, talonton, lontoc, halamham, and others, which are not so strong. Unless the anarchical system of cultivation hitherto prevailing hl' remedied we will without doubt be compelled vny soon to import from othN localities. 8. Jf fibers, or grades of fibers, are produced in your district which have distinct mrn1cs please mention them along with the names of the plunts. from which they were taken. S6.-sii. is a fiber produced by the burr palms, bonot from the shell of the cocoanut, sucdap from bamboo or pac(1, banhot from the hark of anilao, anab6, bagocon, snlagi1, siapo, etc. 9. Please give the names and addresses of fiber-plant growers and those othcrwisp interested in fiber plants and their products. The planters Hl"C' ifrssrs. Paulino Torre's, Remigio Salas, Josli :->armiento, Agapito Puerto, Angel Linco, Justo Abcndan, Valentin ('iridon, Teofila Ciridon, Patricio Revillo, Ignacio Berbnr, Bern;1rdino Crnbejo, and others. Those interested in thC'se plants :i.rC' ~lessrs. Rafael Ramos, Pedro Vazquez, of Jimamaylan, in this JH'OVince; Montano Virto, of La Carlota; Timoteo Ungson, of Talisay; Marciano Arnneta and Emiliano Trinidad, of Bago. Note: All information relative to the soil and cultivation of fiber plants, methods employed in extracting the fiber, the possibility of manufacturing paper from the native material, and, in fact, any potcs l'l"lative to the fibC'r industry of the Archipelago, :1re greatly desired and will be duly apprecinted when furnished. The land on which the plants referred to grow is situated on th<' western slope of Mount Canlaon, at an elevation of from 100 to 1,500 meters. It is very rich in humus, and thC' numerous rivulets surrounding it afford sufficient moisture. At some points, at CC'rtain distancC>s. large stony tracts are met with which arc left uncultivated or, at most, plantings are intercnlatC'd among them. It is also ''olc:mic, and in past years it was not<>d that the lava from the mountain covered the slopes to e. depth of three inches. Rains are frequent and the season commences much earlier and tPrminat('s much later. Therpforc. I believe it to be the most suit<lblc soil for this class of cultivation. Abncii. cultivation being the most important in this locality, I will touch lightly upon the common qualities of tl1e varieties of this plant, as known by the planters. Moro.-Stalk cylindrical. dark, coarse, 15 to 18 feet long; leaves dark green, glm;sy, coriaceous, wid{' and long; flower and fruit small, \Vith seeds: thread very consistent, fibers coarse, strong, abundant, white, brilliant; manipulation very resistent: yield ''ery good. Bisaya.-Stalk cylindrical. white, coarse, 15 to 18 feet long; leavPs dark green, glossy, extendC'd, \Vidt>, long; flower and fruit largl'. with round black seeds when perfectly matured; thread very strong, fl.hers coarse, strong. white. brilliant; manipulation slight!}' resistent; yield abundant. Kinisol.-"--Stalk dark, conical, coarse, long; leaves dark green, glossy, extended, wide, long; flower and fruit large, with seeds; thrt>ad firm; fibprs coarse, white, spicnte; manipulation easy; yield good. Balaoag.-Stnlk cylindrical. .nllowish. 10lightly C'Onrsc. 9 to 12 fPC't long; lea,·es yC'llowish j!"rePn, coriaceous. narrow, short; flower and fruit small, with ScC'd!';: thrC'nd firm. with white and coarse fibers; manipulation easy; yield fair. £0110.-Stalk medium dark, cylindrical. with red stripes on thC' bordt>r of the hood. coarse, 15 to 18 feet long; ll'aves dark /:lTC'en, glossy, extended, wide. long; flower and fruit middling with seeds: tliread firm. filwn; white. fine. glossy: manipulation easy; yiplcl good. Ca.marin<'s.-Stnlk cylindrical, !';lightly dark, coarsC', 20 feet long: leaves dnrk grC'Pn, glossy, C'xtended, wide, long; ftower and fruit dark, \"f"ith sepds; thread very resistent, fibers coarse, strong, white, brilliant: m11nipnlntion easy, yield vPry good. Tanca-ao.--Stalk cylindrical, dark, coarse, 15 to 18 feet long; 72 OFFICIAL GAZETTE leaves dark green, glossy, extended, narrow, short; flower and fruit .imall, with SC'('ds; thread firm, of many fibers which are <'oar.~e, white, and glos;iy; manipulation difficult; yield good. Tlwsf' arc the varieties of abacli cultivaU:>d in this locality. One thousand plants of abacll are set out to the heclal"c. the system hf'ing ns follows: After a suitable spot combining all the necessary favorable conditions has bren scl<'cted the trees are felled, thus making a clear· ing, this operation costing all the way from $15 to $25, Mexican. Home of the trC'CS are i1llowed to remain standing, however, at <'<'rtain distancC'S, to serve as prot1•ction to the abacfi. The serviceable trunks are laid aside and the rest burned. This last operation is fK'l'formrd during thr closing days of the dry period, with the• ohjN·t of obtaining a crop of rice and corn on the same g-ronncl-thr rief' or corn being planted in holes made in the ground with sticks 01· poles. \\'hen thesr crops reach a height of thrrr or four ind1es pils arc dug in rows. in which the young ahae:i plants arc placed npp1·oximately three meters apart, after whic·h thl'y are well con-red. Dming the first year no cultivation is nt'ccssary other than that done in the planting of the rfr<' or corn. Bananas arc also planted at certain distances in orclc•r to afford shade to the ahac!'i plants. Bananas yield earliP1: tlrnn dors the abac.-!'i and thl• sale of the fruit helps to jlefray the t>xpen~<'s of the young plantation. At the expiration of six months the corn and rice can be harvested, as early varictics are always selected for planting. Bananas can also be harvl'sted at this time. The stubble is then clcancd away and swel't potatoes planted. It has been noted that this new planting is beneficial to the growth of abacti. The earth is cleared of nil injmious weeds. and, at till' expiration of five months, tlie sweet potatoes are harvested, thl' holes left in the ground h;'>' th<' J'l'ffiOVal of the tubcrs being utilized for the ahacf1 plantings. The ground is cleared of weeds and the dry leaves of the abac!'i are removed, which operation is repeated up to the time of the comph·te dcn•lopment of the plant. The harvest is then eommcnced but cutting the stalks that have matured as close to the gronnd as possiblc---<"Yen level with the surface--in order to l'nnble the remaining shoots to germinate beneath the surface of the ground. The plant i!'I known to be maturl' when all of thr pC'dunc]('s are joined most l'venly on tht> upp<'r side. Unless the stalks that lHn-e bcC'n cut are removed they will sprout four or five inches below the joining of the pe1luncles. The next step is to n·moYc the fibrous part. which is found in thl' outer covering of thC' brnnch (stalk). or, in other words. tlw convex part of the lll'rhac<'Ous sheath. This is done by means of n hone punch, which is insC'rtt'd nnclernC'ath th<' sheath, removing it with onl' stroke. The shC'aths thus remm·ed arc piled tog-Pthl'r and transported to tlw "hcds in which is constrncted thl' maC'hinery for stripping. The pulpy portions are left upon the ground. in order to be used as fertilizers. The machinery, as will be scl'n later, is very imperfect. eausing much waste of fiber as well a<: requiring great strength on_ the part of thl' operator. It eonsists of a strong iron knife 3 inches widC' by ;l long and one-fourth of an inch thick. having a dull. serrated 1•1lgc. a11d n handle 18 inc!H's long; it is operated as a lever upon a wooden pillow. which is quite smooth and adapted to the edge of till' knifl'. This pillow rC>sts upon a wooden frame while the knifl' is suspended by a pil'<'e of flexible wood. which sen•es as a spring to regulate tlw pre..<Jsure. Underneath is a pedal. by nl<'ans of which the knife is raised and lowered. Such is. roughly speaking, the machine used. It is manipulated by treadin;..:- upon the pedal, thus eausing the knife to be raised as the abacii. strip is placed underneath. The pedal is then released and the knife drops. The abacfi strip i~ then drawn between thl' knifl' and the pillow, and in tl1is wny the fl.hers are 1•xtractrd. This operation is repC>ated. sucef'ssil'l'ly. until a hank ( huc(1) has been collected, when, with a strand. it is tied twice around nnd dried. This hank contains a short pound. For the manufacture of paper we can utilize tlw waste resulting from the extraction of the fiber of abacA, th<' stalks of pacol, the waste stalks of bananas, or the leaves of the tigbao, which occupies an extensive area and is on account of its Yigorous growth, practically speaking, inexhaustible. The many spring,.. of clear water on the large estates would facilitate the establishment of this industry-to become, perhaps, the most important in thesf' Islands. Nature granted to these Islands the exclusive privilege of abacf1fiber production, and from this industry they should deri,·e great benefits. Confirmation of this is the fact that foreign ports ]l('rmit the entry of abacfi free of duty, and the subject is well worth detailed study by advocates of human progress. I will make <l few remarks to the Bureau of Agl'iculture of these Islands on my observations of these plants and the industry. l hotvc already said that most of the plants described in my first n·ply grow spon· taneously, and the immense value of their fibers is almost ines· timable. Therefore, 1 hl'lieve that, with the interest the Bureau is laking in this industry, the cultivation of said plants would 'undoubtedly increasl' if laws were promulgated prc\'Cnting the dl'struction of same, and if the quality were improYed. In order to extend their cultivation it is very necessary to indicafo the markets where they may be sold and the price of l'llCh variet;">· of fiber. If ther<' are other Yaricties in otlwr islands of this Ar<'hipelago more productive than abncfi it would he desimble to aid the planters in this island in procuring seeds or suckers of such rnricties; to introduce in the towns where this plant exists the most improved machinery for fiber extraction, either as samples or for sale or r<'ntal. It would he desirable, also, to introduce into our tvwns the most improved machinery for weaving, in order to induce planters to produce the largest quantity; also machinery for rope making, etc. Th<! method of removing the fibers of the other species (as, for example, pilla) is to place the leaf upon a smooth table and scrape the pulp with a pie<'e of porcelain or a stone (the edge of a broken plate would answer the purpose), beginning with the extreme <!nd of the under surfacl' of the leaf. The resulting fiber iR veQ' coarse and is called bMtos. The op1>ration is repeated, with the rl'sult that the fibers produced are finer, being called linioan. These two classes are separated and afterwards cleaned in running· river mttcr, and beaten with a piece of cane until thoroughly white. Th(•y itrc then dried and arc reitdy for market. To extract the fibers of the silhigon, labog-lnbog, dalupang, togabang, and bunang-bunang the shoots are buried in mud for it week. nnd then r..re separated and cleaned. Thosr of the bago, htpnis, anilao, siapo, bagoeo11, bm·!'ig, banilad, halitnong! pant-halO, tipolU, and hanngdong are obtained by removing the bark and then the outer <'OVl'ring of the bark itself. The fibers that remain are called banhot, which is dried and is then rf'nd.v for making twine. J. ARANETA. 1.t·1s1A:-;A P1.A:"TATION. BAao. NF.GROS Occwt:;>;TAI., October 22, 1902. BUitEAU OF CUSTOMS AND IM~ITGHA1'10:S. W. ~IORGAS SBt:STEU, CMrj()j JJurcrrn. Oommcrcc of the Philippine Islands. {From the Second Report of the Collector of Customs. See al:;o Vol. I No. 69,p. 9-'>6.] CBITICIS!olS OF THE CUSTOMS Sl!:B\'ICE. In complying with instructions to rl'nder a report fully covering the organization and operation of the Philippine Custom~ Service during the past year it is perhaps not improper to conC'lude by a reference to the somewhat numerous criticisms ~·hich, with more OFFICIAL GAZETTE 73 or less aufht)rity, have been voiced in the press of this city respecting the present customs administration, especially that at the port of Manila. The general tone of those criticisms has been against the alleged strictness witl1 which the revenm• and collateral laws have been enforced, coupled with complaints against the regulations ostensibly prescribed for the orderly conduct of customs business. To these complaintg this office has heretofore made no reply, but the matter is deemed to be of sullicicnt importance to wanant a statement here of the principles which it has been sought to follow in the administration of all customs laws in these Islands. After a continuous experience of over five years with customs work in countries which wel'c fot'mel"iy under Spanish rule the undersigned could not fail to note that one of the most frequent arguments against a strict nnd impartial enforcement of 1'evcnuc laws in such countriNi is that it hampers and prejudices trade and causes Joss to the business community. Jn th(' opinion of the undersigned no doctrine could be more false and shol't-sighted; none more disastrous lo those very ones who urge its policy. lt is plain that customs laws. like most othNs, are made for nil alike-to govern and protect both the rich and the poor, the wholesaler and the retailer, the shrewd and the dull. With specialized leniency, which has hl'en so -;lrcnuously counsc>lcd, favoritism, so-called liberal constructions, in reality amounting to \'iolntions of the spil'it of the statutes, and in general with a policy where personalities or affiliations of any kind hold sway, but one result can follow both for the authorities and for the public. Jt is true that for a time, under certain conditions, the imme· diatc l'C'sults of such a policy often appear to support the opposite view; that is to say, the manife9tation ol such a disposition on the part of ar,i administration may give au unnatural stimulus to importations and for a time show greatly increased revenues as a result; but to reach such a conclusion is to be deceived, since sueh astute must of nrc<'ssitr be temporary, for t.he obvious reason that no amount of importations, howrvrr great, cnn create a dcmnud for the commodities imported, which would not otherwise exist. Hence even this nbnormal induc('ment to import only rencts in the Sllme df'gree as it arose. Commercial prosperity rests upon more solid grounds thnn a loose interpretation of the laws, and such an interpretation is objectionable on the grounds of its necessary partiality, ambiguity, and inequality of application, if for no other reasons. It is not mc:aut by this that revenue laws should be harshly administered or that unnecessary restrictions should be thrown around legitimate trade, but it is meant that the ordinary canons of statutory illterpretation should be appli('d by a revenue officer, just as they would be if the questions were the subject of judicial decision. The pcrmnal opinions or inclinations of executive ofliccrs and their belief or convictions as to the propriety ol' justice of the statutes involvrd can properly have no part in the enforcement of those Jaws. All such influences go beyond the scope of a reasonable discretion. It is true that where discretion is given un executive officer he may be guided in his exercise of it by llis pcl'sonal opinions as to that particular law, or by the spirit of the particular community in which he may be enforcing the> law, but C\'Cn under those circum· stnnces the spirit of the legislators and the object of the law must be kept ever in mind. 'fo adopt any oUwr principl(' of c>xecntivc prnc<'durf' is to invite chaos, injustice, 1rnd fraud. Tlw ordinary canon-; of stntulor:-• interpretations arn comparatin•ly few. ('Xact., and knm,·n. Any appl'cciable div('rgencc from thf'm is f'asi\~· detect<'d iind subjrct to remedy, hence the administration of 11\ws under such n procedure is ·simple, uniform, and neccssaril:-• fair. PNmit, howcn'r, the per· sonal opinions or dcsir<'s of the nllmC'l'ous officials chargf'd with 12936-4 enforcing a set of laws to luwe weight in the manner of their enforcement, or the apparent S('ntimcnt of a particubtr commwlity to influence the method of their administration, and the law becomes more or less the expression of the naturally dinrse opinions of those charged with its execution, influenced by their immediate surroundings, instead of being subject to one uniform rule. The results of such a policy are too obvious to require comment. A republica.n form of go,·ernmf'nt is based upon the will of the people. This rnling factor must make its wishes known in some tangible and d1·finite way. Thus a legislature is created. With such a body the people deposit their instructions, coufidencc, and discretion, and it is for the legislature to proclaim the will of the people in clear and unmistakable terms. This being done there arises the lll'ccssity for mnchinl'ry to enforce the will of the people, but always along the lines shown by the pcoplc"s monlhpiccc and interpreter-the legislature. Any information as to the policy with which to execute a general law must be gained from its pmpose an<l spirit as discussed and considered by the IC'gishtture and not from the scntimC>nt of any particular local community in which the law may happl'n to be enforced. The executive is but the machincr,r of the lPgislatiYe, and its functions are limited to a n·ason,1blc inlt•rprPtatiou am! absolutC'I~· impartial cnforccnwnt of the legislative will. Even within these bounds, however, <jllC'stions of interpretation will necessarily arise and dio;putes occur as to the scope and intent of every law. To settle such questions and to declare the legislative will in ull doubtful c.tscs the judiciary is created and vested with absolute and nmcstraincd interpretative power, and in all cases with nn ample and freely exercised discretion. Through these three branches the functions of government are carried on, and anr cncroaclrnH·nt, hOW<'\·er small and apparently unimportant, by one brnnch on the rights and duties of the other can not fail to produce disorder and derangement of the govern· mf'ntal system. The executive oflicer who departs from the plain legislative intent. is usurpi11g thP powers conferred by the people on the legislature, and WhC't her his depart me he in the direction of oppressive use of the pOwl'rs <·onfetTl'<l upon him or a so-called lax administration thl' rl'stdts to the community al'e equally bad. It is possible to '·read the reason out of" any statute, but such is not the proper function of an executive officer. The powC>rs ll]l(l jurisdiction of executive and judicial officel's often owl'lap, and nt all times are so closely interwoven that in mauy ca;;.es the differcncf' in thcil' jurisdictions lies more in the method or procedure in interprl'ting and declaring the meaning of the h1ws than in any fundamental distinction. In such cases there is usnall,\· an appeal to the judiciuy whern a depl'ivation of life, liberty, _or property by reason of <>xccutive decision is alleged. In other and frwcr instances, however, the legislative branch has spccifi<'all:-· conferred upon the executh•c what are plainly judicial or quusi·judicial powers, making the decisions of the executive final and beyond judicial appeal. Jn such cases the highest judicial tribunal of the United 8tates has usually upheld this action and refused to interfere, cspf'cially where the statute is elear and C'xplicit on the point of pure ('Xl'cutiYe jurisdiction. It has bt•en the pnrpo,:<' of this office, in the discharge of its sonwwhat unpopular duties, to follow the foregoing principles of administration, and though the necessary enforcement of many laws which arc more or ]('SS gcnC'rnlly condemned as unsuitable in certain quartC>rs has producC'd a full share of criticism and complaint, it is busted that the perman<'llt org~;nization of the Government of the Islands ma~' bC'nefit by the course pursued. HPspeclfully suhmit.ttod. \V. 1\foRGAN SHUSTER, Collcf.'tor of Customs for the Philip1,inc ls1<111ds. 74 OFFICIAL GAZETTE EXPORTS FROU TllE l'lllLJl'l'INE ISLA::S-DS. (For tat.oles on lm11orts, sec Vol. I, :s'o. 69, p. 957.) Comparatiw 1111m1rmry of exporbJ from the l'l1iUppinc I11land11, by counlrie11, during the /wojl8eal years endi11!1Ju11e30, 190$. [Duties 11.nd \"nines represented In United Stntcs currency.] 1902. 1903. Countries. VlllUes. Duties. Unite<l States ____________________ I e7,8il, 743 fl86, 916 Sl3,R6::1,0S9 8619,418 Englund-------------------------1 8,280,478 33!1,0~ 1 !!,799,:: 4~::~ Ki~~k~~~:::::::::::::::::::::::! f:EUH ~:~i~. I:~:~ 76 • 688 :~:1~:r~fJi~1~::::::::::::::1 ;~:ill ~:iti 3·m:~ l~~m ~~m:~eA~~f~~-:::::-:__________ ~:~ ~::~~ ~~:~ io.~~ French China___________________ 120,180 3,372 93,353 2,797 Austrla-Hungn.ry________________ 88,787 20,587 162,197 21,233 g~rt1:,~nJhi1ia-::::::::::::::::::: ~:~ri 1·:! ~~:~ s.~ HC!lgium_________________________ 46,8"l9 2,565 137,103 8,373 E~t Indies, Dutch------ Tl,442 807 25, 198 1,029 TI;~~erhrnd~---- ~~: ~~ I,~~ ~i: T4? 4, ~:i: 7,679 108 6,157 118 6,812 2'l4 9,499 2SI 12, 128 319 28,417 811 3, 721 59 2,7'l7 40 3,687 63 S,910 13S British Columbia ::::::::::::::: iJff ~ ----~~~~- ---------~~ i1A.J.~tn_~_;_;j __ i_;_;~ __ i_J_l_l_J_~_ •• _.1 __ ._._ .• _ •. _._._._._._ .• _I_ 1 1 f] ] B0<mn•• __ _ ------------' lfi 'l l::;;;}rs; ;;;;;;;;}~ ~~~~!~;;~tE~~:.~;~~=~=~~ --=::}::~=====--J----:;lli---------:ii _____________________ ,____________ 900 49 Tom\____________ -l~;:~;r=~~;:;;,1~~ .\~1c:i:~-;~~1cc~~1~~~~~~1~ !~~:J1rrr~·:~~,r~~n~~~\·o~cs~r1~~~1!r~0~:it~~P¥~~:~ report wharfagc ftnd llurbor duC!s are included llS export duties. On J<'orm 1'o. 1 these items are gi\·c11 scparetcly, and export duty proper, only, given under that head. The foregoing figm·f's representing a comparalfre statement of exports, by countries, fo1· the two fiscal years 1902 nnd 1903, are not without interest and significance. The United States rises from second to first place, leading England to the extent of $5,063,730, whereas for the previous year England led the United States to the extent of $408,733. Those two countries out of a list of fifty-one countries' to which products of the Islands have been exported receive more than onehnlf of oil Uw exports from the Philippine Islands. The increase of exports for the year 1903 over the year 1902 is $12,517,241, a most· gratifying showing, all circumstances considered. The abnormal exports of l\Icxic1t11 silve1· coin to Hongkong gives Hongkong a prominence in the list which it would not otherwise ·occupy. Excluding gold and silver coin, France stands third in the list of export countries, Japnn fourth, and Hongkong fifth. Xone of the other forty-six countries reaches the million-dollur murk. Sllmmary ofeJ"porl$, by counlriR$,from the JJOrt Df ,lla11il«, P. /., <111ri11d /hf lu:vi flsro.l year11 ending June SO, 1!J03. (VlliUcs nnd duties represented in United Stale~ currency.] -----:~::----1~--1·9!12. -1-- 1':!03. _· _ _ _ 1~1~ Value. Duty. United States ___ ~----------------155,089,326 i 8199,400 $9,503,47.'i S.Hi.170 f if t~ml.;.mm=~=-~~-m ::m:~! ~:ill I ;:m:~ ~·~ ¥.flstl.nd1es,Bnt1sh ______________ I 421,515 10,66."> I M2,6'10 l:!,44& Austrm-Hung~:!_:::::::::::::::: ~:m~ i;ffl I !~:~~ 2~:~ - ·-------·--- 00,191 SW I 394,258 29,i -------·------~----- 46,8:!9 2 565 1::17, 103 8,373 ~~;,~~~ff._~~~~! 11 :'I l.i ';,· All othC!r Asia-Smm --I 3,008 4:.! 81,273 107 IF~ 1 ilt11;1-J A1'n -------------------------,--, 1401 1 , 718 I' 10 i~~t;m:l~)lm!JJ~J:=====·=,~1=·==========t1=::::~;~m=:::::::~~~ ---------·-'----------- I 98 6 __________ ,__________ 480 115 163 1 1,035 24 900 ., ___ .::.:.:.=.::.::1 __ ., __ --_. __ Total_ _____________________ l 20,462,688: . 718,516129,570,8751 l,H7,569 A~i~T!-;J~b~~r:rr~!~~i: !hY;%fg;~~~r:~r~~~~f':fo1~ni0~r:'0~itte~~f1~~~ report wbarfage and harbor .Jues llre included a.o;; export duties. On Fonn No. 1 ~~~3. Items llre given sepllrately, and export duty proper only, gh·cn under that Chief articles of expvrt from !he Philippine Islands during tllf fiscal year rnding June SO, 1903, showing qm;mW11, value, and duty. [Value nnd dut)' represented in United States currency.] ---~~~.f ]~~~~g~~~~ I Corongo, I Coco•no~. --~'ort. __ --i;~unds~T \•~\;;.-,Du~~ Poun~_:_I_ \la1ue. ! Dut~ %~g .. i!~-=_-_-=_=_=_==I_ . '_k~g 11. 87,= I . •1_:: __ ------~ __ :_~~-!---_-----~-!--------~~ TotnL--i .'>8,795 7,771 1931 1,4651 63 j l ~=--c~~=--copra. - l __ -_c~~nutoil._----== __ I Pounds. I VR\ue. I Duty. ! Galloni;. I Value. j Duty. !f[~·~·~ __ fi:m:~i :::i~1·1:i:m1::::::::1~;:_:: =1~1~::'! -~ote.l~j21s,293,091~4~7~--1f>l,S~~ 8281 __ 3.'>5! ____ s . OFFICIAL GAZETTE 75 Chief artide8 of t:r:part from the Philippine l8land~, ete.-Continued. j Iilmg-llang oil. I' Sugar, raw. Ma;.~---'-G~ll:.:, 1~:: 1· Dul:;. -~~;;~\;~:~. ! D::~: .. Cebu--------- 27, 471 ---------- 17,MK,240 I 268,6461 9,971 Ilollo;~~l-~~~j------;~~~-:--~~~~~~-1-------;~-;:::::: I ::::: ::::: - -:.,;- i P~:::: ·~2i::·T::~~2~:::~ u~:::~'f u=~ - ~~"U~~~.·:~1-:::-}·~I-~'.~~t::::~1tj~.~~:i~:~~:l:;~~~J: ~~~ff~~~~~ to the nulinlarid territory direct, in order to obtain the refund on the duties paid on its exportation here. • • • The following table of hemp exports from the Philippine Islands to the Cnited States since American occupation, b~· qunrters, will shO\V the increased trade with the mainland territory since March 8, 1902: • Smtcincnt of C!.inei<e arri1oed at aml departed froni tJw port of .llanila d1iri11g the ralr.nderyea1·.11899, 1900, 1901, 190Z, m1djlrst six111onrllfof 1909. NOTE.-Total export value for fiscal \'Car 1903, $39.H74,3211; of this total v11.l11c of exports, the twelve items above gi\'C~n represent an aggregate vah1e of 832.114,002, leaving for all other orticles n mine of 17,560,326, and of this - fi:~~·},l~ f~~PaJr~~~~r ~~ticf~~d value of l\lexlcnn money exported, leaving Ycu.r. Arrin•d. Jlepartetl. LEADING ARTICLES OF EXPORTS. Hemp may wrll be ranked as king of export." from the Philippine Island's, it amounting in value t6 about two-thirds of the entire exports. It is gratifying lo note that notwithstanding "ladronism" hemp exports have shown st<"ady increase during the past four years, reaching the handsome figure of $21,4il.5i5 in the fiscal year Hl03, an increase of $5,860.259 over the veur 1902. Xhe copra industry, too, hns 'shown a most r~murkable increase of more than 300 per cent over the prc\·ions ycur. Sugar and tobacco have shown substantial increases. The exportation of cigars and cigarettes has shown a considerable decline. Ilang-ilang exports have shown marked im·rf'asf' nnd gin• promise of substantial growth in the future as one of the rising products of the Islands. It is reported to be an almost certain cl'Op and to yield a profit as high as $5 per trC'c pC'r month. &portalirm uf l1emp fro11i ,lf<mila fur the fairal year ending .Jwir .'10, 1903, ~lw11>i11g TI<llJll'S ofc.tporlert<, Dat('. ls1~v!n-11 w:nl'rl smu11--,I· ~rac-1~~h~~::~-~r All I son. Hornes. I Bell. , lt~od. Tubae- Co. 1 other. Total. , nlern.1 ~~;:; __ : 11_:'~i :~::i;1 ":'E_j, ~i:~r:!ri.-:i! ,~·:~ ,~'.':~. September __ 2h,HO: Hi,400 19,9.'13' 3,1138 13,i-IO ~.217' 2;, ~:~~: Octobef ---- 30,249 I 1<1,800 19,:!W s,s.-,1 7,li5 6,3H 550 l!fJ,i38 ~~~~:::t;;-:: :~:~ ! 2~;~ I ill:~; A:~~~: ~:~~ l,~ 2.~ ~:~~ 1903. I I J11n1111ry ____ 4,310115,~ 28,586' 9,6311 3,295,I0,817! 2,409 74,398 Fcbrunry ___ H,09'l 17 < 0 , 9 1.7 ·< 9 I 6,30'l 9,5.">2 6,S:H 4,0'29 1 2,131 .">7,690 Moreh ______ , 16,571! i 6,5.'ii 1,219 1,1;,o 3,700 I 3,76."> ! 40,9~8 :,~;~1-===~- ~u~, ~:~ ~i:~TJ: l~:~J: 1 ~:~ 1 ~:~ ~:r~ 1 l~~:~~ June____ 21,72'l 21,166 1 l4,H7 1 3,!M.8 6,439 2,880 2,4121 i:!,734 . To~11l. 2'.!2,/il'J I :.!00,997 j 187,l~-~6,969 i~f,3,9s8: 24,07~ l 841,545 l!EllP RF.~'UXDS-EXl'ORTS TO TIIE U:.:ITF.D STATES. Since the net of Congress of 1\Inl'ch 8, l!J02, there has bpen a gl'ent inerense in tlw nmonnt of hemp shipped from these Islnnds Slatrmcnl <!f l'hmese arri1•i11g al mid dcpurling from ports in tlte J>hi.lippi11e 1814nd8 d11ring tlw period uf A11wrica11. uee11patio11 lo Jun<· SO, 1903. Ports. i Arrived. Deported. Contents. Public laws: Act No. 1038, amending Act No. 932, 11s amended, changing the seat of municipal government. Act No. 1039, dedicating portions of the public lands and buildings In Cavlte for use as 11 naval station, and making other grants. Executive orders: No. 4, extending the time for the completion of the revision of the real-estate tax-assessment list for .the Provh:r.ce ot La Union. neclslona of the Supreme Court : In the matter of the suspension of R. S. MacDougaU. Statistics from Bureaus or the Government: Boord of Health for the Philippine IslandsVltal statistics ror the month of November, 1903. Weather BureauMeteorologlcal data for the month of November, 1903. Bureau or EducatlonTbe alms ot primary education In the Philippines. Excerpts rrom reports of division superlntendentsPrlvate schools. Normal Institutes . Provlnclal schools. Teacbers, American and notlve. The cholern epidemic. General progress and school conditions. Stntlstlcs. Oureau or Agriculture-Fibers or the PhilippinesCultivation or maguey. Fiber plants and ftbers, Negros Occidental. 76 OFFICIAL GAZETTE. --- - - - - - - - - - - - - - - - Statistics from Burcnu~ of the Go\·crnmcnt-Coutinucd. Bureau o[ Customs and ImmtgrntlonCommerce of the Pblllpplnc lslandaCrltlclsm of the Customs Service. Statisth~s. exportationsBy countries. From port of Manila. Chief articles of export. Exportations o( hemp. Chinese arrived and depal'ted. A111101,1uceme11t. The omclal Gazette Is published weekly by the authority of the Government of the Philippine Islands. It will be furnished by mall to subscribers, free of postage, on the following terms: One year..... . . .......................... $6.00 One month.............. ........................................•• .SO Single cople11, each .......................................... .15 Subscriptions should be paid Ill advance. In money or the United States, and all communications should be addressed to tbe editor of the Ofilclal Gazette, Manlla, P. I. Mc~o~~o~~':.u!:~~~s J,t<'~~r~~~~;~~YM~:i~~·· rr_gtstei"ed Jetter to Max L. Offtce of the Otncial Gazette: Santa Potenctana Building, Walled City, Man!la, corner Calles Palacio and Victoria. '£he Govei·umep.t of the PhilipJ>itw Islands, Legislative. THE PHILIPPINE COMlllSSION. (Ayuntamlento--The Palace.) Com11.1ssio11cr.~.-Wi\liam JI. '!'aft, Prcsid1>nt (on ka1·e i;1 l_;niled States) : Dean C. Worcester, Luke E. Wright, Henry C. lclc, Jam(ls F. Smith, Trinidad H. Pardo de Tavera. Jose R. Luzuriaga, Benito Legarda. Oivit Governor.-Wllllam H. Taft (in United States); pl'lvate secre· tary, Fred W. Carpenter (on leave); Captain Robert H. Noble, Third uni~-~::~~~t~1!~~ftl:gdCi;~mJo;~r~,~~.~l.1~k~0E~rW~1·ght. Sec:etary of the Interior.-Dean C. Worcester; private secretary, E. 0. Johnson. ee:i.~~~~ty~1,. D(./"Wa1;:~f~~- and Police.-Luke E. Wright; acting private Secretary of .F'intmce and Jiistice.-Heury C. Ide; private secretary, Jackson A. Due. • Secretary of Public Instruction.-James F. Smith; private secretary, W. H. Donovan. Executive Bureau. Carpenter, Assistant Translating Division; Chief of Leg · trallon and Division; H. · Bureau of Insular Pure/lasing Agent.-Major E. G. Shields, Jusular Purchasing Agent; A. L. 8. Davies. Local Purchasing Age11t; M. L. Stewart, Assistant Insular Purcha~lug Agent. Improvement of mi> Port of Mantla.-Maj. C. McD. Towusend, Corps ot Engineers, United States Army, officer In charge. PMtippfoe Civil Service Board (Intendencla Bulldlng).-Dr. W. S. Washburn, Chairman; Dr. B. L. Falconer, Dr. Jose Alemauy. DEPARTMENT OF THE INTERIOR. Board of Heam~ for tile Pltilippine Islands.-M.aj. E. C. Carter, ·surgeon, United States Army, Commissioner of Public Health (on leave); Capt. E. L. Munson, Asslstaut and Acting Commissioner ot Public Health; Dr. Thomas R. Marshall, or; Henry D. Osgood. command. b and Marine-Hospital let Quarantine omcer ; nts. Dr. H. A. Stansll.eld, In Iloilo Quarantin& Station.-Dr. M. K. Gwyn, In command. Cebu Quarantine Btation.-Dr. Carroll Fox, In command. . Forestry Bureau (lntendencla. Building) .-Capt. George P. Ahern. Ninth turautry, United States Army, Chier; Ralph C. Bryant, Assistant Chief. Ni11illg B11reau (358 Cabi\do).-H. D. Mccaskey, Chier. Aliif:!:t; iiif~l:n::r~an:e:~:~~elao:::~:l:~;~~;:::~~:t::~~~~:t~ chfeY~~~ 1°fa!ef~c~l.t'M~e J!i1~r~oi~\~~~) Chi~f.ot. F. Lamson-Scribner, Etlow/ogical Sun.u:y for the Plli!ippinc Islands (228 Nueva, Ermlta).Professor A. E. Jenks, Chier. .U11reau of Qovernmt-nt Laboratories (719 lr!s).-Dr. P. C. Freer, Superintendent Government Lnboratorles; Dr. R. P. Strong, Director fllologlcal Laboratories; Dr. James W. Jobling. director of Serum Lo.borntory. te~~~l~p~~~sl~l~~l a:fdSC~~~~o~'.91 Jrls).-Dr. H. Eugene Staft'ord. At· Civil Srmit(tri1tm (Bnguio, Denguet).-Dr. J. B. Thomas, Attending Pbysidnn and Surgeon. 0 DEPARTMENT OF COllllERCE AND POLICE. Bureau .of Po8t8 (149 Escolta).-Cbas. M. Cottermau, Director; H. M. Robinson. Assistant Director (on leave). Bureau of T~1A~~~~:n[f. ~~'1.',att:~fY oJ2f~ns1:::ia:~~r~~l~rWli~:rl~: Ch~ef. Commanding First District; Col. Harr~ Ftttb duty nt Constabulary ead9uarters, Manila; Col. D. J. Baker, U. S. A .. As~lst~nt Chief, Chtcf Supply Otn1:er. Bu~eau of l'rtsons (lleadquarters, Dilibid Prison, Calle Jr!s).-George N. \\olfe, Warden; ~I. L. Stewart, Deputy Warden; \V, N. Cbaudler, Aaabtant Deputy w:ardcn: 'Vllliam R. Moulden. Resident Physician; EgDert Adams, Cashier, Property and Disbursing Officer. {j11!~:;;,_ca51t;:/c;o~!~7.ui~e1'.t(lc7~1~(~'.'s~g~~~1:~nC~t·Y~IC~!.~1s1110FEU:11;i":i~!~~: United States Army, Su crmtcnde.it of Ligbt-llouse Cousrructiou. · ).-George DEPARTMl>NT OF FINANCE AND JUSTlCI>. Bureau of the l11s11/ar Treasury (lutendencla Dullding).-Frank A. Branagan, Treastirer of the Philippine Archipelago; J. L. Barrett, Assist· ant Treasurer . .Uun:au of the 1'1sular Auditor (Intendencla Buildlng).-Abraham L. Law:ihe, Auditor of the Phitlpplne Archipelago; W. W. Barre, Deputy Auditor. JJ111·eau of Customs .and Im111igralio11.-,V. Morgan Shuster, Collector ~~i?;~~~~m~r fC~1s~~~:':hiirf~kes~sb~~~~s,<S~~~:;:{; H. B. McCoy. Acting ~urea11 of I11ternat Revenue (147 Anloague).-Albert w. Hastings, Acting Collector. l1~sular Cold Storage and Ice Plant.-Cbarles G. Smith, Superin· tendent. .1,1irc<1v of Justicc.-Lebbeus R. Wllfiey, Attorney-General (on lenve); \\ usbmgton ~" Goldsborough, Assistant Attorney-General; Gregorio Ai·pneta, Sohc1tor-Ge11eral; James Ross, Supervisor of Provincial Fis· tal;<; Geo. H. Han·c)', Assistant Attorne»·Gencral for the Constabulary. DEPARTMENT OF :Pt;DLIC INSTRUCTION. Bureau Of Ed11cation (Palace) .-David P. Barrows, General Superintendent ot Educatlou : Frank R. White, Assistant. nureau of Public Printfag.-Jobn S. Leech, Public Printer. lo~,~~)~~°ifd~~~1~~c~1:;°uer~~1,d ghi'!~~ruclion of Public .Uutldmgs (Calle An· .Uunau of A1·cldves (Palace).-Manuel de Iriarte. Chlet. iJ11rem1 of Pat&nts, Copyrights arid Trade·illarks (Palace).-Manuel de Iriarte, in charge. ,1merfoan Circulating Lib1·ar,1 (70 Rosa.rlo).-Mrs. Egbert, Librarian. Ed?{~~~al Gazette (Santa Potencinnn Bulldlng).-Max L. McCollougb, Census Burea11.-Brlg. Gen. J. P. Sauger, United States Ar1uy, Director of the Censl's. .Jm11dary. (Audlencla, 47 Palacio.) Cltief Justice.-Don Ca'J'etano Arellauo. Associate JJ1sliccs.-Florent1no Torres. J. F. Cooper, Victorino Mapa, Chas. A. Willard. E. Finley Johnson. and Joilu T. McDonough. Cle1·k.-J. E. Blanco. RqJoder.-Fred C. Fisher. COVllT 0)' L.~ND REGISTRATION. (138 Calle Real, Walled City.) Judge.-S. del Rosario. Associate J11dge.-D. R. Williams. Clerk.-J. R. Wilson. COURTS OF FIRST INSTANCE. ;llanila, l'arl l.-John C. Sweeney. judge. illanil<t, Pari 2.-\V, J. Rohde, judge. Manila, l'arl S.-Byron 8. Ambler, Judge. ;l/m1ila, Part 4.-Manuel Arnullo, judge. Clcrk.-J. McMlcklng . First Districl.-Albert E. McCabe. Second District.-Dlonlclo Changco. ilfountai11 Dislrict.-Cbarles H. Burritt. Third District.-Artbur F. Odlln. Fourth Districl.-Jullo Llorente. J'iftll D!slnc!.-Estanlslao Yusay. Sixth D1strict.-Ig11acto Villamar. Seventh District.-Paul W. Linebarger. Eighth District.-Grant T. Trent. Ninth District.-Henry C. Dates. Tenth District.Eleventh District.-Adam C. Carson. Twelfth DiS!rict.-Jamee H. Blouut. Thirteenth Distrlcl.-Wart:en H. Ickls. Fom·teenth District.-John S. Powell. Fifteentll DiStrict.-Wm. F. Norris. Additional judges.-Ado\ph Wislezeous. Caplz; Beekman Winthrop; Miguel Logarta. ®J~iri Published by authority of .the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., FEBRUARY 3, 1904. No. 5 PU"JU~TC T~AWS. [No. 1040.) AN ACT REGUI~ATING THE HOURS OF LABOR, LEAVES OF ABSENCE, AND TRANSPORTATION OF OFFICERS A~D EMPLOYEES IN THE PHILIPPINE CIVIL SERVICE, AND REPEALING ACT NUMBERED EIGHTY AND ALL ACTS A~IENDATORY THEREOF. By mtthorify of tile United States be U enacted by the Philippine Commission, that: SECTION 1. The required office 11ours of nil Bureaus and Offices in the Philippine ch·il scrviee slmll be fixed by ex:ccuth·e ordC!r, but thev shall not be less than six and one-half hours of labor each daj., not induding time for lunch and exclusive of Sundnys and of days declared public holidays by law or executive order: Proi,-ided, That when the nature of the duties to be performed or the interests of the public l'lenice require it officers and em· plorees may, by direction of the head of t11c Bureau or Office, be required to work on Sundays and holidays without additional compensation unles11 otherwise specifically authorized by law. It shall be the duty of heads of Bureaus or Offices to require of all employees. of whatever grade or class, not less than the num· her of hours of labor authoriz<"d by law or <!xeeutirn order, but th~ head of any Ikpartment, Bureau, or Offi~ may. in the inter· ests of the public service. extcmd the dnily hours of labor therein !;;peeified for any or all of the employees under him, and in case of such extension it shall be without additional compensation unless otherwil'le pro,·ided by law: Provided, Jwu'CVcr, That during tl1e heated term from t11e first day of April to the fifteenth day of June in each year and on Saturdays throughout the year the Civil Governor may, by executh·e order, reduce the required number of hours of labor on raeh day to ft\•e hours. This exeC'uth·e order shall not oblige the head of u Drpartment, Bureau, or Office in the Philippin<! ch-ii service to reduce tht> 11onrs of labor to five hours, but it shall be within hi!'! discretion to ]"(!duce the number of honn if consistent with the neecls of the public service; nor shall this provision be regarded as conft>rring a rigl1t upon offi.Ct'rs or employrcs. This reduction of the required hours of labor shall not apply to the officers or employees of any Bureau or Office to whom an o\·ertime wage is allowed and paid. The lengtl1 of sc>ssions of the C'ourts shall he rrgulntc>d by existing law, but the prm•isions of this Act shall 11pply to all officers and employees in the Bureau of Justice except judges. The number of hours for the daily sessions of the public !';Chools shall be fixed by the Beere· tary of Public Instruction, but they shall not be less than five hours a day. SEC. 2. (a) After at least two years' continuous, faithful, and sntisfactory service, the Ci\"il Governor or proper head of a Department shall, subject to the necessities of the public service, and upon proper application therefor, grant each regularly and permanently appointed officer or employee in the civil service, 13'i20 insular or provincial, or of the city of Manila, except as herein· after provided, accrued leave of absence with full pay, inclusive of Sundays and of days declarecl pubJic holidays by law or executive order, for each year of service in accordance with the following schedule: An employee receiving an annual salary of less than nine hundred dollars shall be granted twenty days' leave; an employee receiving an annual salary of from six hundred to nine hundred dollars with board and quarters, and an officer or employee receiving an annual salary of nine hundred dollars or more, but less than one thousand eight hundred dollars, shall be granted thirty days' leave; an officer or employee receiving an 1mnual salary of one t11ousand eight hundred dollars or more shall be granted thirty-Jlve days' leave. Lea,·c shall accrue while an officer or employee is on duly authorized leave of absence with pay. ( b) If an officer or employee elects to postpone the taking of any or all of the leave to which he is entitled under this section, su~h lca,·e may accmnulate untii January first, nineteen hundred and five, after which dat<" no person shall at any time have to his credit more than the accrued lea.ve allowed for five years' service, and if his salary changes he sha.11 receive the same amount of leave and pay as if he had taken the leave while receiving the salary at which it accrued. (c) An officer or employee who has served in the Islands for three years or more, or two years if appointed under the provisions of Act Numbered Eighty. as amended, and who has accumulated to his credit the accrued leave allowed for two full years, may be granted permission to visit the United States: Provided, That such permission shall not be granted oftener than once in every three years. ( d) A person in the teaching service shall not be granted accrued leave in accordance with the schedule provided in this section, but in lieu therrof he may be granted leave on full pay during vaeation periods, with permission to spend a. vacation period in the United States not oftener than once in every three years. (e) In case an officer, teacher, or other employee is granted leave to visit the United States, he shall be allowed, with half pay in addition to the lea,•e granted, sixty days for the time occupied by him in going to and returning from the United States if he is serving in Manila, and if serving in the provinces sixty days plus the actual and necessary time consumed from date of depai·ture from station to date of departure from Manila, and on returning, from date of arrival at Manila to date of arrival at station, such half salary to be paid on return to duty. On tlie completion of two years of continuous, faithful, and satisfactory service, after returning to the Islands from leave of absence to visit the United States granted for three or more yen.rs' service, he shall be allowed his actual and neet?ssary traveling expenses from his place of residence in the United States to Manila. if he come by the route and steam<!r directed. (fl Semiskilled and unskilled laborers, temporary and emergency employees, persons recei\"ing a. daily wage or salary, persons 77 78 OFFICIAL GAZETTE enlisted for a term of years. persons in the United States civil service who are paid in whole or in part from insular funds, and persons who receive compensation for official duties performed in connection with private business, vocation, or profession, such duties requiring only a portion of their time, shall not be entitled ·to the leave provided in this section. (g) The provisions of this section shall be retroactive in effect so as to entitle officers and employees of the Philippine civil servire. whether serving as such by regular appointment or by detail from the Army, the Navy, or the civil service of the United States, previous to the passage of this Act, to any accrued leave to which they would have been entitled had Act Numbered Eighty, as amended, been applicable to them at the date of their employ· mentor detail, computing the leave in the case of an officer on the basis of the salary and allowances received while on detail, and in the case of an enlisted man on the basis of first salary received in the Philippine civil sen•ice. No application for leave of ab· sence presented by an officer or employee who has heretofore resigned without applying for le.we shall be considered if presented 11fter July first, nineteen hundred and four, or by an officer or employee who resigns after January first, nineteen hundred and four, if his application is not presented within six months of the date of the acceptance of his resignation. SEC. 3. After at least six months' continuous, faithful, and satisfactory service the Civil GO\·ernor or proper head of a Department may, in his discretion, grant each officer or employee entitled to the accrued leave provided in section two of this Act in addition to such accrued leave, vacation Jra,·e of absence with full pay, inclusive of Sundays and of day;; declared public holidays by law or executive order, for each calt>ndar year of service, in accordance wit~ the following schedule: An employee receiving an annual salary of less than one thousand dollars may be granted twentyone days' vacation leave, an offiCer or employee receiving an annual salary of one thousand dollars or more may be granted twentyeight days' vacation leave. Vacation leave must be taken within the calendar year in which it is earned. The ncation lea\'C provided for only one calendar year may be allowed in connection with accrued leave granted with or without permission to visit the United States. In cases of resignation \'acation leaw shall not be allowed in addition to accrued leave. All applications for vacation leave shall be on a form pl'cscribed by the Philippine Civil Service Board. SEC. 4. (a) Absence from duty of teachers, due to illness, shall be charged against their mentions, and with the consent of the Secretary of Public Instruction they may remain on duty during vacations for a period equal to that lost on account of illness, in which case no deduction of pay shall be made on account of absence caused by illness. ( b) Absence of other regularly and permanently appointed officers and employees in th<' Philippin~ civil service on account of illness shall be charged first against ntcation leave and then against accrued leave, until both are exhausted, when further absence shall be without pay. (c) Payment of salary to an officer or employee for any absence during his first six monthhs of service properly chargeable to vacation leave, or during his first two years of service properly chargeable to accrued leave, shall be withheld until such leave may properly be taken under the provisions of section two or three of this Act: Provided, hotccver, That in case of absence due to illness the Civil Governor or proper head of Department may direct that paymrnt for such ahi:;<'nce be not withheld if not in excess of the vacation and accrued leave to his credit. In case absence is on account of wounds or injuril'.'s incurred in the performance of duty and extends beyond the vacation leave to his credit, the Civil Governor or proper head of Department may direct that such further absence shall be on full pay. If the absence caused by illness, wounds, or injuries shall exceed six months in any tweh-e months, the officer or employee shall be immediately separated from the service. SEC. 5. If a regularly appointed officer or employee in the Philippine civil service who has rendered faithful and satisfactory sen·icc shall die while in the service, the unused accrued leave that might have been granted at the time of death shall be determined, and the salary equivalent of the accrued leave shall be paid to the person or persons entitled by law to recei\"e the same. SEC. 6. Whenever upon the resignation or death of an officer or employee it is necessary to the interests of the public service that the position occupied by him shall be immediately filled, the Civil Governor or proper head of Department may direct that all accrued leave granted him be commuted from the funds of the Government, insular or provincial, or of the city of l\ilanila, in which he was serving at the time of his resignation or death. If he was in the service of the Insular Government, payment shall be made by settlement warrant from the insular salary and expense fund; if he was in the service of the city of Manila, payment shall be made by settlement warrant from the salary and expense fund of the city of Manila; and if he was in the service of a province, the provincial board of such province is hereby authorized, upon direction of the Civil Governor as above provided, to commute from the provincial funds the accrued leave of absence granted such officer or employee. If there is no urgent necessity for filling the position at once, payment for the accrued leave granted shall be made from the salary appropriated for the position last filled by him. This section shall be retroactive in effect so far as necessary to authorize, in cases now pending, the procedure herein provided. SEC. 7. All applications for accrued leave of absence shall be made on a form prescribed by the Civil Service Board, and shall first be acted upon by the Chief of the Bureau or Office, and by him subniitted to the Civil Service Board for its recommendation. The application shall then be forwarded by the Board to the head of the Department in which the applicant is employed for his final decision, except in respect to those Bureaus or Offices not under any Department, in \Vhich cases the recommendations of the Board shall hr. forwarded to the Civil Governor for his final decision. SEc. 8. The Civil Governor is authorized to promulgate executive orders regulating the method of enforcing the provisions of this Act, including the \vithholding of salary for leave granted. SEc. 9. The appointment of all persons residing in the United States to the Philippine civil service, whether by transfer from the United States civil service or otherwise, shall be subject to the follo\ving conditions: (a) A person residing in the United States who is appointed to the Philippine civil service may pay his traveling expenses from the place of his residence in the United States to Manila: Provided, That if any part of his traveling expenses is borne by the Govern· ment of the Philippine Islands, ten per centum of his monthly salary shall be retained until the amount retained is equal to the amount borne by the Government: And provided further, That if he shall come by the route and steamer directed, his actual and necessary traveling expenses shall be refunded to him at the expiration of two years' satisfactory service in the Philippines. (b) He shall be allowed half salary from the date of embarkation and full salary from the date of his arrival in the Islands: Provided, That he proceed di;~ctly to the Islands; otherwise, he shall be allowed half salary for such time only as is ordinarily required to perform the journey by the route directed: And pro· vWed further, That such half salary shall not be paid until after the expiration of two years of i;atisfactory service in the Phil· ippines. ( c) A person rf'siding- in the United Stntes accepting an appointment to a poi;ition in the civil i;ervice of the Government of the Philippine Islands, under the conditions named in this Act, shall, OFFICIAL GAZETTE 79 before receiving such appointment, execute a contract and deliver ministration upon the estates of civil employees of the Philippine it to the Chief of the Bureau of Insular Affairs, War Department, Government who arc citizens of the Lnited :-:itutcs, and who die in wherein the appointee shall stipulate that he will remain in the the service of the Insular Government, leaving small estates upon service of the Go\·crnmcnt of the .Philippine Islands for at least which no regular administration is deemed advisable," is hereby two years, unless released by the Civil Governor or proper head of amended by adding at the end thereof the following: a Department. A breach of the conditions provided in the contract '·In case the head of a Bureau, provincial officer, or employee of or a removal for cause shall require the proper officer to withhold any Bureau or province, who is a citizen of the United States, shall payment of all salary and traveling expenses due to the person die while in the service, having to his credit earned leave of employrd and who has violated the conditions of his contract or ab.sence, the salary due and the amount due to the deceased by been rcmovt>d for cause, and shall debar such person from ever reason of earned leave of absence shall be paid to the Treasurer of entering again the public ser\'ice of the Philippine Government in the Philippine Islands, and be by him administered in the manner an:v of its branches. In such case, an action shall lie for the recov· in this section provided. But in addition to the purposes for which erY of the amount expended by the Go\·e1·nmcnt in bringing the such estate may be applied by the Treasurer, as hereinbefore pro· employee to the Philippine Islands. vided, the Treasurer is also authorized to pay the expenses of the (d) Irrespective of leave granted, a regularly appointed officer transportation of the remains of the deceased to the United States, or employee who has rendered continuous, faithful, and satisfac· if such transportation is desired by the surviving relatives, so far tory service for three yen rs or more after arrival in the Philippine as the funds in his hands will enable him to pay such expenses: Islands shall, upon his retirement from the service, be allowed half Provided, nevertheless, That if there should be a regular ad.minis· salary for thirty days in addition to full salary for the period tration upon the estate of the deceased, then the sum due to the which may be granted him as leave of absence under the provisions deceased, by reason of earned leave of absence standing to his of this Act; and if appointed prior to the passage of this Act, he credit, after the payment of unpaid funeral expenses and transpor· shall also be furnished transportation from Manila to San Fran· tation of the remains, if desired, to the United States, if any, shall cisco, or transportation of equal cost to the Government by any be turned over to the regular executor or administrator of the other route. estate of the deceased: And provided furthe1-, That in case the SEc. 10. The? provisions of this Act shall not apply to judges of deceased head of a Bureau, provincial officer, or employee of any the Supreme Court, the Courts of First Instance, the Court of Bureau or province was a native or citizen of the Philippine Land Registration, and the Court of Customs Appeals, but their Islands, the amouD.t due him at the date of death for salary and leaves of absence and traveling expenses shall be governed by for compensation in lieu of accrued leave shall be paid, not to the existing law or such law as may be hereafter enacted. Treasurer of the Philippine Islands, but to the legal representaSEc. 11. All special contracts mnde with appointees of the Phil- tive of the deceased according to law: And provided further, That ippine civil service prior to the passage of this Act shall remain in case said sum does not exceed one hundred dollars, and there unaffected by the terms and provisions of this Act. has been no regular administration upon the estate of the deceased, SEa. 12. Act Numbered Eighty and all amendments thereof, and and it appears that the estate is not sufficient to warrant the all other Acts or parts of Acts in conflict with the provisions expense of a regular administration, said sum .shall be paid to the hereof, arc hereby repealed: Provided, however, That all leaves of next of kin who, in the opinion of the Auditor, is entitled thereto, absence accruing prior to January first, nineteen hundred and four, in the following order: First, widow; second, children; third, shall be computed under the schedule provided in section two of father; fourth, mother; fifth, brothers and sisters in equal pro· sa~d Act Numbered Eighty, as amended. portion; and such payment shall extinguish the liability of the SEc. 13. The public good requiring the speedy enactment of this Government for the sum so paid. But such determination by the bill, the passage of the same is hereby expedited in accordance Auditor shall not be conclusive as to who the lawful heir or next with section two of "An Act prescribing the orde1· of procedure by of kin is, and nny person claiming said sum, or any part thereof, the Commission in the enactment of laws," passed September as lawful heir or next of kin may vindicate his right to the same twenty-sixth, nineteen hundred. by action in court against the person who received the same, anySEc. 14. This Act shall take effect on its passage, but its pro·' thing in this Act to the contrary notwithstanding." visions shall be? retroactive and effective as of January first, nine- SEC. 2. The public good requiring the speedy enactment of this teen hundred and four. bill, the passage of the same is hereby expedited in accordance with Enacted, January I2, I904. section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty· [No. I041.] AN ACT Al\IENDING ACT KU~IBEllED TWO HUNDRED AND NINETY, ENTITLED ··AX ACT I>ROVJDING AN INEX· PENSIVE METHOD OF AJHIINJSTRATIO:N" UPON THE ESTATES OF C1'CJL EMPLOYEES OF THE PHlLIPPINE GOVER:N":MENT WHO ARE CITIZENS OF THE UNITED STATES, AND \VllO DIE IN THE SERVICE OF THE INSCLAR GOVERN)lEN'l', LEA\'ING S:MALL ESTATES UPO:N" \VHICH NO RlWL:LAR ADMINISTRATION IS DEEMED ADVISAULE," AND PROVIDING A "METHOD 01<' PAYING SMALL A)lOU:N"TS Dl.JE ESTATES 01<' DE· CI<;ASED NATIVE E)lPLOYEES WITHOUT THE EX· PENSE OF ADMINISTHATION. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numberl'd Two hundred and ninety, entitl<'d "An Act providing nn inexpensive nwthod of adsixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, January 12, 1904.~ [No. 1042.] AN ACT FOR THE PCRP08E OF MAINTAINING THE PARITY OF THE PHILIPPINES CCRHENCY l:N" ACCORD· ANCE WITH THE PROVISIONS OF 8ECTIONS O:N"E AND SIX OF THE ACT OF CONGRESS APPROVED MARCH SECOND, NIKETEE:!\ HUNDRlm A:N"D THREE, BY PRO· HlBITIN"G THE BIPORTATION INTO THE PHILIPPINE ISLANDS 01•' CER'l'AI~ KINDS OF COINS. Uy authority of the United States, be it enacted by t11c Philippine Commission, t1tat: SECTIO'.:'< 1. The importation into the Philippine Islands of Mexican currency, Spnnish-Filipino cunency, or nny other metallic cur· 80 OFFICIAL GAZETTE rcncy which is not upon a gold basis, is hereby prohibited, and any of the aforementioned currencies which are imported, or of which the importation is attempted, contrary to the provisions of this Act, shall be liable to forfeiture under due process of law, the bullion value, in terms of Philippines currency, of one-third of the sum so forfeited to be payable to the person upon whose information given to the proper authorities the seizure of the money so forfeited is made, and the other two-thirds to be payable to the l)hilippinc Government, and to accrue to the gold-standard fund: Provided, That money actually on shipboard in transit to the Philippine Islands and for which bill., of lnding have been ma.de out on or prior to the date of the pussage of this Act shall be permitted to enter: And provided further, That each first-class passenger shall be permitted to bring into the Philippine lslunds a sum of the aforementioned ClllTt•ncies not exceeding in value fifty Philippine pesos; each seeond-cluss passenger a sum not exceeding twenty Philippine pesos; and e11ch third-class passenger a sum not exceeding ten Philippine pesos. SEC. 2. The importation or the attempt to import any of the said currencies contrary to law is hereby declared a criminal offense, punishable, in addition to the forfeiture of said currency as a~ove provided, by a fine of not more than ten thousand pesos or imprisonment for a period not exceeding one year, or both, in the discre· tion of the court. SEC. 3. '!'he provisions of section one of this Act shall be enforced by the Collector of Customs of the Philippine Islands in accordance with the provisions of Act Numbered Three hundred and fifty-five, as amended by Act Numbered Eight hundred and sixty-four, except that currency seized and forfeited under the provisions of this Aet shall not be sold at auction, but shall, as provided in section one of this Act,' be paid into the Treasury of the Philippine Islands to the credit of the gold-standard fund, and the sum due to the informer shall be paid in Philippines currency by the Treasurer from that fund. SEC. 4. This Act shall take effect on its passage. Enacted, Jalmary 14, 1903. EXEC"L'"'l'l\ E OitHF:US. THE GOVEHK:\IEXT 01" THE PHILIPPINE ISLANDS, EXECUTIVE BVREAU. MANILA, January 18, 1901,. Exi£cu;~~E5~RDEB} An arrangement having been made with the Manila American for the printing of all legal notices, proposals for bids, advertise· ments of sales, and so forth, authorized to be published in the city of Manila, in the English language, at the rate of thirty centavos, Philippines currency, per line, for the first insertion, and twenty centavos, Philippines currency, per line, for each subsequent insertion, except that the printing for the Court of Land Registration will be done at the rate of ten centavos, Philippines currency, per line, all such advertising matter shall be sent direct to the Manila American by the various Bureaus and Offices in interest, previous instructions to the contrury notwithstanding. All printing in the Spanh;h language intended for publication in the newspapers of the city of Manila, except that from the courts of justice, shall be submitted to the Executive Bureau for distribution. It is urged that only the most important matters be sent in for publication, in order that the expense incident thereto may be kept down to a minimum. LUKE E. WRIGHT, Acting Civil Governor. THE GOVEfu'\jMENT OF THE l'HILIPPIKE ISLANDS, EXECUTIVE DUH.EAU. MANILA, January ~7. 1904. Exi.:ci;~~-~-OKDER} The time specified in Executh-e Order Numbered One hundred, series of nineteen hundred nnd three, as amended, is hereby extended to January thirty-first, nineteen hundred and four, in order that the committee appointed thereunder may complete its investigations .in respect of th<> tonditions pertaining to the coastwise trade. LUKE E. WmGHT, .Acting Civil Govenwr. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANILA, Janua1·y 27, 1901,. EXEC1;~~;. 0KDEn, } The official rate for the redemption of Spanish-Filipino currency and its acceptance for public dues, from and after January twenty-ninth, nineteen hundred and four, and until further notice, is hereby fixed at the ratio of one peso and ten centavos, Spanish-Filipino currency, for one peso, Philippines cw·rency, or its equivalent in United States currenty, All provincial treasurers are hereby authorized and directed to receive Mexican pesos in exchange for Philippines currency nt the above-authorized rate of exchange between Spanish-:Filipino coins and Philippines currency, and they are directed to take immediate measures to notify all municipal treasurers within their respecth·e provinces that this authority has been granted and that Mexican pesos will be rceefred at the provincial treasury in accordanc~ therewith, and they are also directed to transmit all coins so received to the Treasurer fo1· the Philippine Islands. LUKE E. WRIGHT, .Acting Oivil Governor. THE GOVERKME~T OF THE PHILIPPINE ISLANDS EXECUTIVE BCREAU. ' EXEC~~~,~-0RDl£R } MANILA, Jamta1·y 27, 1901,. Pursuant to the provisions of Act Numbered One thousand and forty-three, Philippine Commission, und by and with t~ consent of the Philippine Commission first had, and it appearing that the conditions now prcvailing in the l~l'O\'inccs of Cavitc and Isabela nre such as to render it unwise and inimical to the public interest to hold gubcrnatorinl elections thcr('ill on the first :Mondny of February, nineteen hundred and four, the said elections in the said provinces are hereby postponed until further order. LvKE E. Wmanr, Acting Civil Governor. OFFICIAL GAZETTE 81 INAUGURAL ADDl\E88 BY HON. LUKE E. WRIGH'l', CIVIL GOVERNOR (ff THE PHILil'PINE ISLA:\DS, Ma'lllila., P. I., FebruanJ 1, 1904. My Fell-Ow-Countrymen: In formally assuming the office of Civil Governor of the P.hilip· pine Islands, following the custom which obtains in the United States, I deem it proper briefly to refer to existing conditions and to outline in a. general way the governmental policies whic~1, in my judgment, should control in the future. It is peculiarly appropriate on this occasion because, under the Spanish regime, as I am informed, a change of governors-general, as a rule, indicated a i·eversal of policies theretofore obtaining and a large change in the administrative personnel all along the line. This being the usual course in the past, it is natural that the Filipino people should attach more than ordinary importance to a change of administration. It seems to me desirable, therefore, at the earliest opportunity to emphasize the fact that the wise, humane, and patriotic principles which controlled t11e administration of Governor Taft will not, at least consciously, be departed from by TUE CIVIL COMMISSJOX; l'OLlCY OF A'l'TRACTlOX'; llESULTS. The Commission came to these Islands, bearing a message of peace and good will from the American people to the Filipino people. The instructions wl\ich President McKinley gave us were definite and explicit and were wade known lo us before we left the United States. We assumed the 1·esponsible duties with which he had honored us, fully understanding their tenor and assenting to their wisdom and justice. Whatever differences of opinion may exist as to the soundness of the policy enunciated in these instructions, there can be none among conscientious and honornble men that we were and are fully committed to their ex.ecution. We understood. fully that while opposition to American authority, when it took the form of an armed insurrection, must be met and put down by the military forces of the United States; at the same time we realized with equal clearness that a true peace could only be established by obtaining the confidence and cooperation of the educated and patriotic Filipinos. We further belie\•ed that it was true American doctrine that the people affected by Government should have us large a participation in that government as they were capable of safely exercising in their own interests; and that the fullest opportunity should be given them to test their abilities by actual participation in the administration of their own affairs. It was not believed to be either just or politic to impose upon them a government modeled strictly upon Amel'ican lines and administered wholly by Americans. Acting upon these gcncrnl principles, GO\'crnor Taft and his colleagues, from the beginning, have cndca\·ored to pursue a policy of attraction; and at l'Yery skp h.n·c iiH"itcd and welcomed ihe ad\·ice and assistance of tho:;<' Filipinos whom they believed competent to be of scrYice in e;;tablbhing good go\"ernment here. It is not my purpose to glorify thP work which has iieen ah-eady accomplished by Go,·ernor Taft and tlie Commission. The future must largely determine whctl)('I' we han~ wrought well or badly. We perhaps stand too JIP<ll' to the ~til'l'ing e\"ents which have thronged the years of Anwrfran O('l'llpation of these Islands to judge dispassionately the Yalne of what has been accomplished. The substitution of .'\nwl'iean theories of goYl'rillnent and methods of Il.dministrntion for tliosc which had obtained for hundreds of years under the Spaniards has been carried on with the charac· teristic energy which is the distinguishing feature of the American, And naturally there have arisen differences of opinion as to the wisdom of our course not only among observing foreigners and Americans but among Filipinos as well. There are not wanting critics in the former class who think the Commission has gone too fast and too far; and, on the other hand, there are not wanting impatient Filipinos who, forgetful of what has already been done, complain that we are moving too slowly. This is not the occasion nor am I the proper person to discuss, upon their merits, these differences of opinion. That we have made mistakes I shall not controvert. The man or men, however, who do not make mistakes are only those who accomplish no scdous or permanent work. I think, however, we may justly claim at least the benefits of good intentions and honest efforts. It seems to me, furthermore, that when a comparison is made between the situation as it existed three yea1·s and a half ago and as it exists no,w, even the least observant or the most censorious must be struck with the mar\'elous change for the better. Then there was a. blaze of insurrection extending from one end of the Archipelago to the other; to-day general peace prevails. Then life and property were only secure in those towns garrisoned by American troops who occupied several hundred stations; to-day the number of our tl'Oops bas been reduced by more than three· fourths, occupy only a few strategic points, and yet with the exception of the, occasional depredations committed here and the1·e by insignificant and fugitive bands of ladrones life and property are as secure in these Islands as in other well-ordered communities. I do not for a. moment p1·etend that this gratify· ing change has resulted wholly from the labors of the Commission. Unquestionably in the mere supp1·ession of insunection the chief credit is due to the efforts of our gallant Army and Navy. But I think I may ~ay, without the imputation of egotism or the desire to unduly exalt the Commission, that but for its efforts to establish in the minds of the intelligent and thoughtful Filipinos a conviction as to the rectitude and benevolence of the intentions of the American people with reference to them, and thereby securing, in a .multitude of instances, their cordial and zealous cooperation in the establishment of peace and order, these gratifying conditions would not now exist. We have reposed trust and confidence in many Filipinos and it is but simple justice to say that rarely has that trust and confidence been abused. To-day, pmsuant to legislation enacted by the Commission, the Filipinos have in all their local affairs self-government as Americans under· stand that term. They are largely represented upon the Commis· sion, in the judiciary, and in a.II other branches of the Government. They constitute the I.Jody of the Constabulary who have been for the past two years chuged with the duty of maintaining order and have done and are doing most faithful and efficient service. They have the benefits of a comprehensive civil-service law which applies equally to them as to Americans. A public-school system has been created and is being steadily extended with satisfactory re,;nlts. \\"hen it is considered that so much has been nccompliShed among a people alien to us in traditions, customs, and languages, I think I may fairly say, in the first place, that we lnffe not wrought wholly in vain; and in the next and most important place, that it furnishes striking evidence of the adaptnhility and capacity of the Filipinos and warrants us in entl'rtaiuing high hopes for theil" future. FUTURE WORK j RAILROAD BUILDL"iG j AGRICULTURE. But it is not my purpose to deal fu1·ther upon this subject nor to produce the impression, by what has already been said, that the conditions which obtain in these Islands to-day are ideal in character. Real work, both for the Americun and the Filipino, lies in 82 OFFICIAL GAZETTE the future. lJp to this time we have been going through what may be aptly termed a period of politica.l reconstruction. While there has not even as yet been a perfect adjustment on the part of the people to the new order of things, as I have already shO\VO we have made substantial progress in the right direction. From this time forward our labors must mainly be toward the consolidation, elaboration, and making permanent that which we have established and the building up and developing the natural resources of the Islands. Our first and most obvious need is an improved method of intercommunication among the people. We especially must labor to begin an era of railroad building for Luzon, Mindanao, and several of the large islands of the ·Archipelago. I do not underestimate the value of schools and other agencies of modern civilization which lead the masses of the people to higher levels of living and thinking, but to my mind, so f~r as concerns these people, nothing is of so much moment to them as railroads. While without them much may be done, yet any progress must be slow, halting, and unequal. With them we may not only hope for but confidently expect rapid and tremendous improvement. As matters stand, except along that part of the coa.st line of the Islands acces~ible to vessels, there is practically no incentive offered to labor or production. Having no markets the inhabit.ants only seek to produce enough to meet their simplest wants. Agriculture under such circumstances is primitive in character and exceedingly limited in extent. 'fhe mineral 1·esources of the Islands remain undeveloped and vast forests of valuable timber almost unexplored and wholly untouched exist. It is only within a comparatively recent period that we have been in a position to grant franchises for the construction of railroads and other works of internal improvement. We have always recognized, however, the vital importance of the matter and have, from time to time, in our reports brought the subject to the attention of the authorities at Washington. When in that city last winter I had occasion to discuss this matter with the President and the then Secretary of War, Mr. Root. Both of them I found to be fully alive to our needs in this regard. The latter arranged several interviews with prominent capitalists and railroad builders in the United States looking to the inauguration of a large railroad system in these Islands, and I am informed that, notwithstanding the enormous pressure of other business incident to his position, he has contin· ued to urge upon capitalists at home the advantages of investment in railroads in these Islands. While it is somewhat premature to speak definitely, I feel much encouraged in the belief that in the not remote future we may hope for substantial benefits as the result of his efforts. And now that Governor Taft has succeeded him, we have a right to feel doubly sanguine in this regard, for his colleagues know, as perhaps few can know, bow near to his heart lies the prosperity and happiness of these people. The importance of developing agriculture can not be overestimated. The people have been sorely afliicted in the last two years by the destruction of their crops by locusts, and to a large extent the loss of their horses and cattle by rinderpest. Through the liberality of the American Congress, a large sum was placed at the disposal of the Insular Government to replace the cattle thus lost and to aid and prevent, as far as possible, suffering among the people. This fund has to a considerable extent been expen<l<'d in the building of important highways and in the construction of other important public works. thus furnishing a means of livelihood to th<' people, e!!peciully in those sections most seriously affected by the loss of crops and cattle, and also in the purchase of carnbaos. It has not in the past been nor will it in the future be the policy of the Government to extend aid to the point of pauperizing the people, but only to relieve their actual necessities by enabling them to earn money by their labor. In a number of the provinces in which rice has heretofore been the principal crop, the people have been recently blessed with a bountiful yield of that cereal. Owing to a lack of cattle there still remains fallow, however, a considerable area of land formerly cultivated. As a result the importation of rice will still be necessary, though not to such an extent as last year. It should be our endeaYor to increase the production of this necessity of life by every means in our power, at least to the point of making the Island~ self· supporting in this regard. The introduction of American agricultural machinery and methods of cultivation is Yery desirable and will be of immense benefit. The sugar and tobacco interests, I regret to say, are in a depressed and languishing condition. While what I have said as to rice production applies with almost equal force to them, and much may and must be done for their betterment by the Insular Government, still the fact remains that we can not hope for any real advance in these industries until they are given entrance to the markets of the United Stittes upon equitable terms, and for this boon we can only appeal to the Congress. Even were this granted, several years must elapse before the sugar and tobacco plirnters of these Islands could hope to produce as much as. prior to the insurrection; nor so long as the introduction of Chinese and other contract labor is prohibited us at present, and as doubtless it will be permanently, is there the slightest danger of Philippine exportation of these articles injuriously affecting prices to producers in the United States. I cntei·tain the confident hope and belief that Congress will not long hesitate in removing the insurmountable tariff barriers which now bar 'the way to the entrnnce of these important products. THE FRIAR LANDS. Among the last important oflicial acts of GO\'cruor Taft was the conclusion of preliminary contracts for the purchase of what is known as the "friar lands." As soon as the necessary examination of titles and survey of these estates can be made, final con· veyance will be given and these lands taken over by the Government. They will then be immediately offered for sale at cost price upon long time to the persons who lmve heretofore occupied them as tenants. Payments will be made in annual installments at a \·cry low rate of interest, thereby enabling the purchasers to become the owners of their holdings by paying a little more than that formerly paid as rent. In this way we hope and expect to settle for all time one of the burning questions in the Filipino mind. In making this settlement the Government has been just, not to say liberal, to the religious orders, and at the same time will confer a substantial benefit upon the occupants of the land. It is believed that the spirit which dictated this transaction will be fully apprecialc>d, not alone by those immediately affected but will be accepted by the great mass of the Filipinos as a further evidence of the kind feeling and beneficent purpose of the American Government. The Commission perceived in the very beginning that one of the great drawbacks to anything like the permanent prosperity and progress of the Islands was the lack of a stable currency. The only circulating medium which the Americans found here was an incdecmable silver currency composed of Mexican and SpanishFilipino coin. The general tendency of silver has been for many years downward, but with frequent and violent fiuctuations in price. The cunency in circulation, us a result, rose or fell with the advance or decline of silver. All transactions, and especially those involving credits, were consequently largely speculative; thi» has been disastrous to all business enterprise. The Commission in its first report to the President urged legislation by Congress which would give to the people a silver currency to which they had nlwnys been accustomed but redeemable in gold. thus establishing nnd fixing a uniform stable standard of values. The Congress of the United States, on the 2<1 day of ~larch, 1903, passed an act OFFICIAL GAZETTE 83 the provisions of which substantially embodied the recommendationB of the Commission, and provided for a new coinage of Philippine pesos redeemable at the Insular Treasury in gold, which, together with the United States gold coin, are declared to be the sole legal tender of the Islands after a date to he fixed by the Commission. Pursuant to this act, the Insular GO\•ernment, by proper legislation and executive order, has demonetized Mexican dollars and provided for the redemption and recoinage of the Spanish-Filipino currency. It has, howenr, met with considerable difficulty in immediately retiring the outstanding Mexican and Spanish-Filipino coins, because the great mass of the people failed to understand and appreciate the real value of the new currency and continued to receive and use in their daily transaction.s the old upon a parity with the new coins. The difficulty of substituting the new currency for the old has furthermore been increased by reason of the fact that certain business interests have found it to their advantage to buy the hemp, copra, and tobacco produced in the Islands in the old coins, which are much cheaper than the new, and thereafter to sell their purchases in foreign markets for gold. The Commission, however, has been thoroughly convinced that there could be no real and genuine business prosperity and progress so long as this state of affairs continued, and has therefore enacted legislation which will, after the expiration of a few months, tend to make unprofitable the use of the old currency and thereby make easy and certain the introduction of the new and stable currency. The importance of making effective the wise legislation of Congress above referred to can not be overstated. In my judgment we can not hope for any large revival of business and improvement in general conditions until we have eliminated this disturbing factor from the business of the Islands. It will be the policy of the Commission to bring about this result as rapidly as may be upon the lines which it has already laid down. FUTURE POLICY. Did time permit I might enumerate other matters of considerable though minor importance which call for future consideration. Enough, however, has been said to indicate the general lines of policy which it is believed will be pursued by the Government in the immediate future. I can not refrain, however, from saying , that the success or failure of the efforts of the representatives of ' the American Government in these Islands must very largely depend upon the attitude of the Filipino people themselves; and, furtherl ::;;:iyth:~c~~=~ ;;u:::ea~~~~!: :~e t~:tu~:.::i:::g~0i~::n 1 1: lands toward the Filipino people. It has been perhaps not extraordinary, in view of past events, that Americans and Filipinos should, to some extent, still stand apart from each other. It seems to me, however, that the time has passed, if it ever existed, for an attitude of reserve and distrust. The Americans who are here in these Islands with the legitimate and laudable purpose of aiding in their development and at the same time bettering their own fortunes can not fail to see that they can only hope to accomplish their dcsir<'s by establishing cordial personal and business relations with the people with whom they must neces· sarily come in contact. This is so obviously true that it does not requir<' elnboration. Asiclc from this, every consideration of magnanimity and patriotism impel;; them to such a course. We are strong; the Filipinos are weak. We are justly proud of our institutions and of the benefits and blessings which spring from th<'m. We ha,•e assumed control and government of these Is· lands without consulting the wishes of their inhabitants. Arc we not then in conscience and honor bound to offer them the best we have to give? In inviting them to participate equally in our common birthright. we do not make ourselves the poorer but therein the richer. We <'an not ignore the truth that in our relations with this people the Americans here are quite as much on trial before the civilized world as are the Filipinos. On the other side, every Filipino should turn a deaf car to the sinister promptings of restless ancl selfish agitators and demagogues who strive to keep alive prejudices born of the evil passions en· gendered by war and, following the example of the 'visest and most patriotic of their countrymen, should frankly and loyally accept the situation as it is. Nothing can be accomplished that is good by a contrary course. The logic of events is inexorable. True patriotism, under existing conditions, is found in a loyal attitude to the Government. Every intelligent Filipino must realize that his people in their present stage of development are unable to stand alone and that in the very nature of things they must lean upon some stronger arm. It is suicidal, therefore, to repel the kindly advances made by those in authority or to engage in a. policy of obstruction or agitation. There is no reason for antagonism. On the contrary, there is every reason against it. The coming of Americans to these Islands to build railroads and other works of public utility, to engage in agri· culture, manufacturing, or the mechanical arts can only be of advantage to the Filipino people. There is room in these beauti· ful and fertile Islands for all. The door of equal opportunity should be thrown wide open for all alike-European, American, and Filipino. CONCLUSION, And now in co'nclusion I desire to express my sincere thanks to the President of the United States for the great honor he has conferred upon me. I am not oblivious that I am succeeding a gentleman who has fairly earned, by his elevated character and high ability as a constructive statesman, the respect and admira· tion of all men, and in addition stands "best beloved" in the hearts of the Filipino people. \Vhen I step into his place I have a sobering realization of how wide a space he occupied and how great a vacuum remains. I understand full well the difficulties, the perplexities, and the labor incident to the position. I can only promise to do my best. For a successful issue under that divine Providence which shapes the destinies of men, I must chiefly rely upon the aid of my colleagues and other officials of Government, and last, hut not least, upon the sympathetic co· iiperation of all classes of people who sincerely desire that order, justice, and the reign of law shall be supreme. DECISIONS OF THE SUPREME COUitT. [No. 1303. December 12, 1903.) THE UNITED STA.TES, complainant and appellant, vs. JOHN B. COLLEY, defendant and appellee. Per McDoNouou, J., with whom concur JOHNSON and COOPER, JJ.: 1. CRIMINAL LAw; Cou:RTS-MARTIAL; JURISDICTION; CONCLUSIVENESS OF JuoGMENTS.-Tbe Judgment of a court-martial rendered upon a subject wltbln Its limited Jurisdiction Is conclusive and can not be reviewed or set aside by the civil courts. 2. ID.; ID.; EFFECT OF JUDGMI,:NT; SECOND TRIAL FOR THE SA!'>IE 0FFENSE.-Where the accused has once been duly acquitted or convicted by a court-martial acting within the scope of its powers, he has been tried In the i;ense of tbe one hundred ond second article of war and can not be tried again, against bis wlll, whether the former conviction or acquittal Is approved or disapproved by the reviewing authority. or even If no action at all bas been taken by such reviewing authority. 3. In.; COURTS-MARTIAL; JEOPARDY.-Wbere the defendant. a soldler in the United States Army, Is tried and convicted by a court· martial for an offense committed by him in a district in wbl<"h a state or Insurrection existed at tbe time, be can not be tried again for the same olfense In the ordinary civil courts. 11otwithstandtng tile failure or the mllltary authorities to enforce the judgment or the court·mortlal, and an attempt at such prosecution may be successfully opposed by a plea or Jeopardy. 84 OFFICIAL GAZETTE 4. ID.; JEOPARDY; DUAL SOVEREIGNTY.-The declelons of the Courts or the United States to the effect that a person may, by the same act, commit two crimes, one against the United States and the other against the State In which the offense Is committed, and that the prosecution by one sovereign 18 not a bar to a subsequent prosecution by the other, can not be applied in the Phl\!pplnes, because there Is no dual sovereignty In these Ialands. Hence wbeo the Government chooses the tribunal In which to try an offender he can not tor the same o!Tense be put In jeopardy a second time in another court of the same sovereignty. 5. In.: COURTS-MARTIAL; JURISDICTION.-ln time of war. lnaurrectlon, or rebellion courts-martial have exclusive jurisdiction to try ofll.· cers and soldiers of the United States Army tor all oft'enses committed by them In the State, Territory, or District where the war, Insurrection, or rebellion exists. Per WILLARD, J ., concurring: 6. In.: It>.; JEOPARDY.-Tbe defendant having been tried and convicted by a court-martial, under circumstances which made It at the time a court of competent jurisdiction, if It bs contended that the Qctlon of the reviewing authorities was necessary to complete the trial, their failure to act amounted to an abandonment or the CQBe without the consent of the accused : It such action was not necessary, then there was a ftnal conviction, and, In either C"ase, the provisions of articles 28 or 26, r<!spectlvely, of General Orders, No. 58, prevent the defendant from being brought to trial a second time for the same offense before the same or any other court. Per TonnEs, J ., concurring: 7, In.; ID.; PENDING PlWSECUTION.-The amnesty proclamation of July 4, 1902, did not divest the military authorities of power to approve or disapprove the sentence or Q court-martial rendered before that date and the effect of the failure to do so Is to leave the proceeding before the military court still pending, and, consequently, the ordinary civil courts are without jurisdiction to try the defendant upon the same charge. APPEAL from a judgment of the Court of First Instance of Samar.• The facts are stated in the opinion of the court. Solicitor·General ARANETA, for appellant. FREDERICK G. WAITE, for appellee. McDoNouorr, J.: The defendant, John B. Colley, was a private in Company M, Twenty-sixth Infantry, United States Regular Army, and whilf' in such service and on or about the 29th day of March, 1902, he killed one Frank Ignasiack, also a private in the same company, for which crime said Colley was arrested by the military authorities. A general court-martial was duly appointed by Brigadier-Gen· eral Grant, commander, to meet at Catbalogan, Sa.mar, May 24, 1902, or as soon thereafter as practicable for the trial of such persons as were properly brought before it. On June 4, 1902, the said court met and proceeded to the trial of said Colley, who was personally present and represented by counsel, on the charge of murder, in violation of the fifty-eighth article of war, in that he did, in time of in.~urrection, willfully, unlawfully, feloniously, and with malice aforethought murder said Frank Ignasiack by shooting him with a rifle. inflicting a wound of which said Ignasiaek died then and there. This at Tnrnngnan, Samar, Philippine Islands, on or about the 29th day of March, 1902. The accused plead not guilty, and thcl'eupon and thereafter many witnesses were sworn and gave testimony in the case, and the said court on June 6. 1902, after hearing all the e\•idence and after due delibcl'ation, found the accusC'd guilty of the charge of murder and also guilty of the specifi<'ntion. The court thNeupon sentenced said accused to be "hanged by the neck until dead," at such time and place as the l'evicwinwauthority may direct, two· thirds of the court concurring therein. ThC' comt then adjourned i:;uhjC'ct to meet at the call of the president. On July 11, pursuant to an order from Brigadier-General Grant, the court-martial reconvened, for the pmpose of revising the record in this case, and made se"·eral verbal changes, not, how· ever, affecting the jurisdiction, the finding, or sentence of the court. The record was then forwarded, July 23, 1902, by Brigadier· General Grant. to the Adjutant-General, Division of the Philip· pines, Manila, P. I., with this indorsement: "Under the terms of th!! fifty·eighth article of war, as construed in paragraph 91, Dig. Opin. J. A. G. 1901, any action on this case subsequent to July 4, 1902, seems to he illegal. Private Colley has not been released from confinement." Subsequently, and on the 12th day of August, 1902, the judge· advocate forwarded the same to the Adjutant-General of the division, under indorsement 7, "recommending that, as the 58th A. W. is no longer operative since the proclamation of the President of July 4th, 1902, an effort he made to have this man tried by the civil authorities, for murder, and that his discharge without honor he requested from the Secretary of War, under Section E, paragraph 167, A. R." On August 14, 1902, under indorsement 8, by order of Major· General Chaffee, it was returned through headquartel's Department of South Philippines, Cebu, Cebu, to the commanding officer, Catbalogan, Sa.mar, for action as indicated in seventh indorsement, and was received and its contents noted. The proclamation of the President of the United States, issued July 4, 1902, is known as the amnesty proclamation, and recites that "the insurrecti-On against the sovereignty of tl1e United States (in the Philippine Archipelago) is now at an end, and peace has been established in all parts of the Archipelago, except the country inhabited by the Moros, to which this proclamation does not apply." Section 1342 of the Revised Statutes ·of the United States pre· scribes the rules and articles of war. Article 64 of this section provides that: "The officers and soldiers of any troops, whether militia or others, mustered and in pay of the United States, shall, at all times and in all places, be governed by the Articles of War, and shall be subject to be tried by courts-martial." Article 58 of said section provides that: "In time of war, insur/"ection, or rebellion ,. ,. ,. murder * ,. • shall be punishable by sentence of a general court· martial when committed by persons in th~ military service of the United States; and the punishment in any such case shall not be less than the punishment provided for the like offense by the la\V of the State, Tcnitory, 01· District in which such offense may have been committed." The accused was tried and convicted under this article 58, the crime charged having been committed by the soldier in time of insmrection, and it appears that when the President proclaimed the insunection at nn end, July 4, 1902, the reviewing authority of the army concluded that the military authorities were without power to cnrry into execution the sentence of the court. Article 105 of said section provides that: "No sentence of a court-mal'tial inflicting the punishment of dC'ath shall be caITied into execution until it shall have been ronfhmed by the President; except in the cases of persons C<Jndctecl. in time of war, as spies • ,. ,. or murderers • " • 1rnd in such excepted cases the sentence of death may be carried into execution upon confirmation by the commanding general in the field, or the commander of the depnrtmcnt, as the case may bC'." It nppears that after the insurrection ended, the reviewing authority not having approved or disapproved the sentence, and having reaclied the conclm:ion that under the milital'y law no further slrp-" could be taken hy i<uC'h authority toward enforcing th,. judgment and sen~nce of the court, nothing further was done hy the military authorities except to dismiss the defendant dis· honornbly from the Army. OFJ!'ICIAL GAZETTE 85 ----- - - - - - - - - - - - - - - ----~----------Notwithstanding the fact, howe\·er, that article of war 102 provides that "no person shall be tried a second time for the same offense" the defendant was turned over to the civil authorities, and on the 8th day of January, 1903, the provincial fiscal of Samar filed an information in the Court of First Instance of that province duly charging the defendant with the murder of said lgnasiack, at the time and place and in the manner and with the intent mentioned in the complaint made to the courtmartial. On January 8, 1903, the accused appeared in person and filed a motion that he be discharged from the accusation, on the ground of former jeopardy, setting forth in this written plea the charges and specifications upon which he wa-; triC'd by the court-martial, and also the judgment of that tribunal. On March 28, 1903, the prosecuting attonwy filed a paper in which he admitted the facts set up by the defense as the proceedings had before the court-martial, and also the identity of the accused ns the same person so tried, and that it referred to the same act, the killing of Frank Ignasiack, as that prosecuted in the present cause, but denied that the charge in each one of the said causes is legally the same or that the said court-martial was a court of competent jurisdiction to try the said case; adding that by reason of the proclamation of July 4, 1902, the said court-martial has declined to continue the said cause or to rxccute the judgment entered therein. On the 31st of March, 1902, the case was heard on the pica of jeopardy before Hon. \Villiam H. Pope, judge of the Twelfth Judicial District of the Philippine Islands, and in support of the plea of jeopardy the defendant, by his attorney, introduced in evidence the transcript of the proceedings before the courtmartial, which was admitted by the court without objection on the part of the prosecuting attorney. On April 2, 1903, Judge Pope, of the Court of First Instance. entered his decision, finding that the defendant had been placed in jeopardy for the same offense before a court of competent jurisdiction, and dhccting his discharge. Against this order tl,le prosecuting attorney appealed. For the purposes of this appeal the facts are not denied or questioned: (I) That the general court-martial which tried Colley was lawfully organized: (2) that the cl'ime charged wus one forbidden by law; (3) that in time of insurrection a genernl court-martial has jurisdiction of the crime charged; (4) that insurrection existed at the time of the commission of the offense and until after the conviction and sentence of the accused; ( 5) that a trial of the accused took place before that court upon the charge and the defendant's plea of "not guilty"; (6) and that upon the evidence in the case that court found the defendant, Colley, guilty of murder and S('ntrnced him to be hanged by the neck until dead. It has frequently been held that, although courts-martial arc the creatures of militar~· orders and arc transi('nt and summary, their judgments, when rf'ndf'rcd upon subjects within their limited jurisdiction, arc as legal and valid as those of nny other tribunals. and that their procef'dings and judgments can not be reviewed or set aside by the civil comts. (Swain vs. United States, 165 U. S., 553; United States vs. Hil'sch, 100 U. S., 13; Johnson vs. Sawyer, 158 U.S., 109; Ball v.~. United States, 163 U.S., 662; Wales vs. White, 114 U. S., 564.) The judgments of comts-martial are conclusive, like those of any other courts, unlc.ss some deft>ct in regard to tht>ir jurisdiction is shown. (Brown rs. Wadsworth et al, 15 Vt .. 170.) UndC'r the practice in fot·ce nmln military law, thf' ddcndant could not bC' triC'd again by court-martial. \Vhere thr nccused ha<; \)('f'll onCf' duly ncquittf'd or convicted. he has bef'n "tried" in ti)(' 1't>nse of article of war 102 and c1111 oo\ hr tried again agnin,;t his will. though no action whnll'''er 1:{720--2 be takt>n by the reviewing authority, or though the finding and .~ent£-ncc be wholly disapprond by !>uch authority. It is immaterial whether the former conviction or acquittal is approved or disapproved. (Davis's ?!Iilitary I~aw, 5:13, 2d ed.) The accused now claims that, inasmuch as he was put in jeopard,\" by his trial, conviction, and sentence by the court-martial, he can not, for the same offense, be put in jeopardy again. By Article V of the amendments to the Constitution of the United States it is proYided: "* * * nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." This article was made applicable to the Philippine Islands by section 5 of the act of Congress passed July 1, 1902, relating to these islands, viz: "SEC. 5. * "' * 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 jeopal'dy of punishment." What is meant by "jeopardy"? Bishop in his work on Criminal Law (ml. 1, sec. Oi9, 8th ed.) says: "One who in a judicial tribunal has been convicted, acquitted, or put in \Vhat the law terms jeopardy in 1·espect to a real or supposed crime, cap not be further or again pursued for it except as by some step in proceeding he waived his right to rely on this immunity." .Judge Story in his work on the Constitution (5th ed., sec. 1784) say.$ that "the meaning of it is, that a party shall not be tried a second time for the same offense after he has once been convicted or acquitted of the offense charged by the verdict of the jury and judgment ha5 passed thereon for or against him." Some authorities hold that jeopardy may take place in the proceeding of the trial before it ends; others that there is no jeopardy until the ren· dition of the verdict or judgment; but all agree that jeopardy exists when the trial resulted in a judgment of conviction or acquittal, especially if sentence follows the conviction, as in the case at bar. The doctrine that no one shall be t\viee put in jeopardy for the same offense is favored by the courts. It is fundamental. It is founded on reason and justice. It was a part of the civil law and of the common law and is incorporated not only in the Constitution of the United States but also in the constitutions of almost nil of the States. The defendant was duly convicted in a mil~ry court, having authority and jurisdiction to try the case, and he was convicted and sentenced. "If the tribunal has authority either concurrently with another or f'Xclnsive, whether it is an inferior one as a justioe's court, a. comt-martial. or the court of a municipal corporation, or is a superior on<"-a conviction or acquittal in it will be a bar to a subsequent proCf'ding in whatcYer court undertaken." ( 1 Bishop's Cr. Law. sec. 1029; Commonwealth vs. Roby. 12 Pick. Mass .. 496.) The acquittal of th<' accusrd by a court-martial is a bar to subsequent indi<"tmenbi in conrts of common law for the same offrnsr, the tribunal acquitting being competent to acquit. /Wilkes 1;s. Dinsmore, 7 How. (U.S.). 123.) There are. however. numerous dC'cisions of Federal nnd State QOUrts holding- that b:'' the same act a person may commit t\vo <'rimes, may offend nt tl1C' snnw time two sovereignties-that of the United States and that of the State in which the offense is committed. From this doctrine the conclusion was reached that thcrC'fore there could be two trials of the accused for the same art. one in the conrts of thr UnitC'd StatC's and the other in the RtatP tribunal. and also. as a consequen<"e, two punishment.<;. This doctrine hns bC'C'll appli('d in such offenses as pnssinp: C'o1mt<'rfrit monl'y. harbori'I.!? fn_!!itivcs. ill<"g-al sale of liquor, ck. (Stnfr 1:.<:. Rankin. 4 Colden (TC'nn.). 410; Fox vs. Ohio. 5 How. ITT. S.L 410: Baron 1·.s. Mayor. 7 Peters (U.S.). 243: Moore v.~. Pl'opl<' of Illinoi,o.. 14 Row. (U.S.). 13.) 86 OFJ!'ICIAL GAZETTE Conceding this to he an exception to the genernl rule that an offender shall not be tried twice for the offense against his will, it is not applieal.ile in this Colley case for the reason that there is no dual sovereignty in these Islands; there is only one to be offended-the United States-for which and in the name of which the Commissionen; of the Philippine Islands as well as courtsmurtial act. At the time of the shooting in question the Commission enacted laws "by authority of the President of the United States." So here there is but one offense, that against the United States, and when that Go,·ernment choses the tribunal in which to try an offender, when the trial takes place in that tribunal, and when the accused is convicted and sentenced, he can not again be put in jeopardy in another court of the same sovereignty. It follows that the defendant having been once in jeopardy can not be tried again for the offense of which he was formerly convicted. The Supreme Court of the United States has gone a step further, and has helcl that in time of war, insurrection, or rebellion an officer 01· soldier of the United States Army can not be tried at all in a civil court for an offense committed in the State, Territory, or District where the war, insurrection, or rebellion exists. It held that such an offense comes within the provisions of article of \Var 58, and that general coul'ts-martial have ezclusivc jurisdiction in such cases. The case of Coleman vs. Tennessee (97 U.S .. 509) is authority for this view of toe law and it applies to the case at bar. In that case it appeared that Coleman was indicted in a criminal coul't of Tennessee, October 2, 1874. on a chuge of murder, which it was alleged the defendant committl!d March 7, 1865, while he was in the United States Army. To this indictment the defendant pleaded a former conviction, for the same offense, by a general court-martial regularly convened for his trial, at Knoxville, Tl'nn., March 27, 1865, the United States at that time and when the offense was committed occupying with their armies East Tennessee, as a military district, and the defendant being a regula.r soldier of their military sen;ce; and that he was convicted by said court-martial of the crime of murder and sentenced to death for the killing of the same person mentioned in the indictment, and that such sentence was still standing as the judgment of the court-martial. It seems that, as in this Colley case, nothing was done to carry out the sentence of the court-martial owing to peace being declared soon after the conviction. The Tennessee courts, however. held the indictment good and the plea of jeopRrdy bad, inasmuch as there was also a violation of the StatP laws; and the defendant was tried. convicted, and sentenced to be executed. Through a habeas corpus proceeding the case was taken to the Supreme Court of the United Statrs. Objection was made that a pl<'a of a former conviction for the same offense was not a proper one for it admitted the jurisdiction of the criminal court to try the offense if it were not for the former conviction, but it w11s said that its inapplirability would not prevent the court from giving effect to the objection which the defendant attempted to mise, that the State rourt had no jmisdiction to try and puni<;h him tor the offense. The court discussed at great length the right to go\•ern the territory of an rnl'my, during mi!itnry occupation, tlw character. form, ancl powers of the local civil go\"ernment to be established. the rl'lo.tions of the military authoritiPs to thP people, the civil <'Ourts <'Stnblishetl, and their jurisdiction in ei\"il nml criminal "Rut this doC'trilw," said M1·. Justice Field. who wrot<" th<' prevniling opinion, "does not efrl'ct the exclush·e character of thC> juri!~diction of thl' militnry tribunals ovn the officers and soldirrfl nf tlw Army of th<' Unitl'd Stnl<'s during- w1tr; for thl'~' nr<' not ,;uhjl'ct to the laws nor nml'nnhle to thr tribunnls of the hostil<' <·01mtry." And so the court held that: "The judgment and con viction in this criminal court should have been set aside nnd the indictment quashed for want of jurisdiction. Their effect was to drfPUt an act done under the authority of the United States by a tribunal of officers appointed under the law enacted for the government and regulations of the Army in time of war and while that Army was in a hostile or conquered State. The judgment of that tribunal when rendered was beyond the control of the State of Tennessel'. The authority of the United States was thrn so\·ereign and their jurisdiction exclusive.'' Coleman was, thcreforc, discharged from arrest. The same prineiples o.re laid down in the case of Dow ,,;s. Coleman ( 100 U.S., 158). The facts in this Colley case ue similar to those in the case of Coleman, in almost every respect. and, therefore, the holding of the Suprcme Court that, upon such a state of facts, the eourtmartial had exclusive jurisdiction, cstablishcd a precedent which this court should follow. Consequently, for the reason that defendant was once in jeopardy, and also because the court·martial had exclusive jurisdiction to tl'y the accused, the judgment of the Court of First Instance, discharging the defendant from arrest, is affirmed. Cooper and Johnson, JJ., concur. Toan.Es, J., concurring: I nm of the opirtion that the military trial is still pending. The case had been decided by a competent court and on July 4, 1902, the only thing lacking was the approval of the Prl'sident of the United States or the commanding general of the division, this approval being nn indispensable requisite for the execution of a sentence of the military commission. Upon this view of the case, and notwithstanding the information filed by the provincial fl.seal of Sama!', accusing John B. Colley of the crime of murder, it is unquestionable that the judge of that district was without jurisdiction to take cognizance of the prosecution, and, consequently, all the proceedings of the judge of the first instance are null and void. There is no legal reason why there should be n new prosecution of a crime which has nlready been the object of a former proceeding, in which a final decision was rendered and which only laei{s the final formality of the approval of the President or of the commanding general of the division. The amnesty proclamo.tion of July 4, 1902, can not be regarded ;ts producing the effect of a dismissal of the military proceedings or as a ground for beginning a new criminal prosecution against the defendant for the same crime. The law does not authorize such a procedure, nor is authority therefor contained in the proclamation. Furthermore, no such decision appenrs to have been made by the court before which the case was tried. T nm thereforl' of the opinion that the case prosecuted agninst .John B. Colley should be declared null and void, with the costs de ofrrio, and that the judl!'e should immrdiately discharge the nc· rnsl'd anrl plncl' his pnson nt the disposal of the commanding gt>nNal of the division. \VJLT.ARn, J., concurring: 1 l'Oncur in tlrn judgment on the grnund that the case falls l'ithcr within section 28 or within section 26 of General Orders, ~o. 58. 8l'l'tion 28 is as follows: "A person enn not be tried for an offense. nor for any attf'mpt to commit the same or frustration thereof, for which he has bl'l'n pr('viously brought to trial in a court of comprtrnt jurisdiction, upon a vstlid <'Omplaint or informntion or other formal charge snffil'ient in form nnd substance to sustain a conviction. aftrr issue proprrl~· ioinl'd, whl'n the case is dismiss('d or other\\;se terminated brfore jndg-ment without the consent of thl' accused." The court-martial was a l'ourt competrnt to try the case wl1en tllf' defendant wa!': brought hrforr it and when it pronotmcl'd ih: OFFICIAL GAZETTE 87 ju<lgment. If this did not end the case the subsequent action of the military authol'itics amounted to an abandonment of the proceedings. This was a termination of the case without the consent of the defendant. If it be said that the action of the court-martial amounted to a final judgment without the approbation of the convening authority, and so ended the case, then there was a former conviction, and, under section 26 of General Orders, No. 58, this proceeding could not be maintained. I do not think that the case of Coleman vs. Tennessee, so far as it holds the jurisdiction of the court-martial to be exclusive, is applicable here. The relation which the Pro\'incc of Samar held to the Government of the United States when the crime was committed and the trial before the court-martial had was not the same as that between said Government and the Stntc of Tennessr.c during the civil war. Arellano, C. J., dissents. Mapa, J., did n.ot vote. Judgment ciffermed. [No. 1349. December 21, 1903.] THE Ui\"l'l'b'JJ S1'rL7'b'S, complaint and appcllce, vs. HILARIO ES1'0Y ET AL., defendants and appellants. 1. CRIMINAL LAW; ROBBERY EN CUADRlLLA; ESSENTIAL ELEMENTS.Jn order to justUy conviction on tbe charge ot robbery en cuadrilla the proof must show that the robbery was committed by more than three armed malefactors. 2. Io.; Io.; AGGRAVATING Cmcu~ISTANCES; FRAUD AND DECEPTION.Where the defendants, tor the purpose of committing a robbery1 obtain entrance Into a dwelling by falsely representing that they are polil.;e ofllcers, the aggravating circumstance of the commission of the crime by means of rraud and deception Is present. APPEAL from a judgment of the Coul't of First Insta.nce of Union. The facts al'e stated in the opinion of the court. AllDROSlO RIANZARES BAUTISTA, fol' appellants. Solicitor-General ARANETA, for appellee. MAPA,J.: 1n the court below the accused were found guilty of the crime of robbery in a bund and were condemned to the penalty of eight years and one day of prisi6n mayor, to the restitution of the property stolen, to pay its owner an indemnification of 140 Mexican pesos, and to the payment of the costs. Against this sentence Hilario Estoy appealed. Marcelo Pnnelo did not appeal, and with respect to him the sentence has accordingly become final. The evidence shows the commission of the oITense prosecuted, as well as the guilt of the appellant. The defense admitted this at the hearing and asked solely that the penalty imposed be reduced to six months and one day of presidia correccional. The finding by the judge below that the robbery was committed in a band is noi justilied by the evidence and is therefore errOncous. Article 505 of t.he Penal Code requires, in order that the circumstance of cuadrilla may he considered present, Umt the robbery shall hnve been committed by mon: titan three armed malefactors. This circumstance was not proved in the case at bar. The Yictim of the rr>bhery, ,Juan Sotelo, and the witiwss .Jnnn Diaz assert, it is tru<', that the men who bound Sotelo WC'rf' four in number, hut neither testifies as to whether or not these men were armed. Nor docs :Marin Diaz, the wife of 8otC'lo, nffirm that the four men l'CferrC'd to borf' arms. HC'r testimony applies to only two of them, t Jw accused herein, who wcr<' the only onC's she saw. Thr. offense prosecuted falls within the provisions of the fifth paragraph of articl<' 50~, it hn,·ing: bC'C'n committed with violence and intimidation. nncl is not inclndC'd within any of the four preceding paragraphs of the same article. There were present in tlw <'Ommisl':ion of tll<' <'rime tl1C' C'iizhth and fifteenth aggrnvnting circumstances of article 10 of the Code, since the ~uthors of the crime employed deceit, representing themselves lo be policemen and pretending that they had an order from the municipal authorities of the town to arrest Sotelo, who accordingly, in good faith, surrendered himself to them; whereas, as a matter of fact, they in 1·eality were not policemen and had recC'ived no such order. The presence of the fifteenth aggmvitting circumstance must be consid· cred because of the fact that the crime was perpetrated at night. The corresponding penalty should therefore be imposed in its maximum degree. The judge below condemned the accused to the payment of an indemnification of 140 :Mexican pesos to Sotelo, in case of their failure to restore the property stolen. The indemnification in the present case should be 170 pesos, since the property stolen consisted of the sum of 30 Mexican pesos in cash and jewels valued at 140 pesos, making a total of 170 pesos. For the reason stated, and with the modification indicated as to the legal classification of the crime prosecuted, the judgment appealed is confirmed. The appellant is condemned to eight years of vrcsidio mayor and to the payment of an indemnification of 170 Mexican pesos in case of his failure to restore the stolen property, together with the costs of this instance. Arellano, C .. J., Torres, Cooper, Willnrd, and McDonough, JJ., concur . . Johnson, J., did not sit in this case. Judgment modified. [No. 1160. December 21, 1903.] 'l'llR UN/'l'}JJ) S'l'tl'l'ES, complainant and appcllcc, f\q. YICH.V'l'E RUBIO, defendant and r1ppcll<mt. 1. Cil.JMINAL LAW; HOMICIDE; MITIGATING CIRCUMSTANCES; LAcK OF INTENTION TO CAUSE SO SERIOUS AN INJURY AS THAT EFFEC1'ED.Where It appears that the accused attacked the deceased with a ruler, and, without homicidal Intent, Inflicted upon him blows which resulted In his death, he Is entitled to the benefit of the mitigating circumstance arising from an absence of Intent to cnuse so serious an Injury as that actually caused. 2. In. ; ID.; Io.-In order to authorize the application of article 64 of the Penal Code In the determination ot tbe penalty, the record must dlsclose expressly the character or tbe crime the defendant intended to commit, and that the Intended offense was ot a lower character than the one actually committed. The mere fact tbat the harm caused was greater than that Intended by the defendant Is not sufflclent. 3. In.: In. ; PnOXU.tATE VINDICATION OF GRAVE OFFENSE.-Where It appear5 that the dispute between the accused and the deceased, and which Jed to the assault which produced his death. was the result of the act of the latter In striking the wile of the former, It ls proper to consider In mitigation the circumstance of the commission of the crime In the Immediate vindication of a serious offense. APPEAL from a judgmC'nt of thC' Conrt of Fir.~t Inst:uwe of Lagumi. The facts url' statC'cl in the opinion of the conrt. PEtlltO CONCEI'CION, for nppellant. Solicitor-GN\t'rnl ARAi'iETA, for appelll'<'. MAPA, J.: The defendnnt is charged with hiwing murclerC'd, on the night of NovNnber 8, 1902, Dr. Eduardo Lampin. The Court of First lnst1mcC' found him guilty of homicide nnd cond<'mned him to fourteen yenrs of rccl!tsWn t•miporal nnd to the parment of an in<ll'mnification of I0,000 Mexi<"nn pe.<;os to the family of the 1l1·censed, togethC'r with the costs of tllC' prosC'cutiou. Against 1his judgml'nt thC' defendant appenled. ThC' facts disclosC>d in the recol'd nre as follows: On the dntl' in question th<' dC'fC'ndnnt nncl hi;; wifl' livl'd no;; guests in the house of the decNtS<'CI. On rt<'eo1mt of the noise made bv the ~lrrm,;;C'c\ in pas,;;ing thronJ!h tht• hnllwn~· of thl' hons(' whiil' tllC' 88 OFFICIAL GAZETTE ------- -------------·----------·---defendant was asleep, the latter'.s wifo reproached him. He replied that if the noise he made disturbed theni they could go elsewhere. The woman said that they would not leave the house, and thereupon the deceased struck her on the arm with his hand. The accused here interfered and a conflict ensued between himself and the deceased, in the course of which he strnck the latter several blows with a wooden ruler. This ruler was about 12 inches in length and the thickness of an ordinary walking stick, and caused contusions on the uppt>r part of the chest, the back, and other part.~ of the body of the deceased. The wounds so received resulted in a violent congestion of the lungs, which caused the death of the injured man on the night following that on which the affray occurred. These facts arc fully established by the testimony of the witnesses both for the prosecution and for the defense and by the te:itimony of the defendant himself. The counsel for the accused has not in this court attempted to dispute these facts. His defense is confined to the contention that article 404 of the Penal Code, cited in the judgment appealed, should not be applied in fixing the punishment for this homicide, but that rule 1 of article 64 should control. The rule referred to provides that "if the crime committed is punishable by a severer penalty than that corresponding to the offense which the defendant intended to commit, he shall suffer in the maximum degree the penalty corresponding to the crime intended." This, according to counsel fol' the defendant, "co\·ers the case at bar, because the defendant did not intend to kill Dr. Eduardo Lampin, but simply to inflict 11 beating upon him. This is shown by the size of the instrument with which the assault was made and the p11rts of the body upon which the blows were inflicted." This alleiation is wholly unfounded. It does not appear from the record that the defendant intended to commit 11ny other crime clearly distinct from that which he did commit. Evidence to this effect would be necessary in order to authorize the application of the provisions of article 64, which, as a matter of fact, is nothing more than a development of the principle contained in parngmph 3 of article 10, according to which one who voluntarily commits ii crime or misdemeanor will be criminally responsible, even though the crime committed be different from the one which the delinquent intended to commit. Fur from this, it appears on the contrary to be proven beyond a doubt in this case-and this is implicitly acknowledged by the defensc-tlmt the aim of the defendant was to inflict a bodily injury upon tlw deceased. Such was, unquestionably, his intention. This being so, it is absolutely necessary to take into consideration the effects of his itct for the purpose of determining the extent of the harm caused and of giving the crime its legal definition. The gravity of thl' offense doe!: not depend upon the use of more or less ndequat<' means for its realization, but in the result produced by llll act committed willfully and deliberately. In crimes again!!t the person, the pose.ible result may run the whole scale, from the most insignificant personal injury to the death of the person assaulted. As the <lefendnnt inflicted the wounds which led to the decease of Dr. Lampin, he is responsible for the lattN"s death, C\'Cn though it be true, as stated in the opinion of the physician introduced as evidence at the trial, that the physical condition and temperament of the deceased may have contributed to such a result as concurrent causes with the wounds. One who commits a criminal act is responsible before the 111.~v for all the consequences connected therewith. The fnct that (as may be inferred from thC' present case, in view of the character of the weapon with which the defendant assaulted the dC'ccasd and the nature of the injuries inflicted upon him) the guilty agent had no intention to cause his victim so great nn injury as th11t produced, does not rl'lievc him from his criminal responsibilit~'- This relath-e absence of intent can be consider<'d solely ns a mitigating circumstance tending to modify the penalty, and in so deciding th(' judge of first instance was correct. In addition to this circumstance, we must also consider in favor of the defendant the fifth mitigating circumstance of article 9 of the Penal Code-that is, the commission of the act in the proximate vindication of a gra\'e offense to the wife of the defendant. \\"c consider that the evidence is sufficient to show that the assault committed by the defendant was due to the fact that the deceased had struck the defendant's wife. The classification of the crime as homicide by the court below is strictly in acco!'dance with the law. In the commission of the cl'ime the circumstance of alcvosia was not present, nor were there any other circumstances which might increase the gravity of the offense under article 403 of the Code. In view of the presence of the two mitigating circumstances above mentioned, which we consider to be strongly marked, and there being no aggravating circumstances to consider, the penalty should, in accordance with the provisions of par~graph 5 of article SI, be that immediately inferior to the punishment prescribed by article 404, which controls the present case. \\'e therefore affirm the judgment appealed, but impose upon the defendant the penalty of ten years of prisi6n mayor and contlemn him to the payment of an indemnification of 2,000 insulnr pesos to the heirs of the deceased, together with the costs of this instance. Arellano, C. J., Torr<>s, Coopel', Willard, McDonough, and Jolm:<on, JJ., concur. .frulgmcnt modified. [No. 1026. December 21, 1903.) 'l'JJE U"SI'l'JJD STATES, complainatit aiid appellcc, vs. VIC'l'OJUNO CORRb'.·1 ET AL., defenda11ts a11d apvcllants. •CRii\UNAL LAW; MunDEn; AGGRAVATING CIRCUMSTANCES; ALEVOSIA.See facts of case held sufficient to show the existence of alcvoria as defined in article 10, clause 2 of the Penal Code. .APPEAL from a judgment of the Court of First Instance of Ilocos Norte. The facts a1·c stated in the opinion of the <'Otut. FELIX F~:ImER, for appellants. Solicitor-G~neral . .\RANETA, for appelleee. CooPEn, J.: Victorino Correa, Alejo Con-ea, Martin Lagursay, Tito Correa, Anastasio Muiios, Leandrn Monte, Maeario Monte, Romualdo }lonte, Marcos Tagaca, Miguel Aguinaldo, NicolAs Reyes, and Eulalio Gamayon are charged with the crime of the murder of Po1blo Jangat on the first day of July, 1902, committed with alcvosfa. The Court of First Instance found the defendants Victorino Col'l'Ca, Alejo Correa, Martin Lagursay, and Leandro Monte guilty ns principals, and Romualdo Monte as an accomplice, and Marcos Tagae;l as an cnc11bridor, condemning the first-named defendants as principals to the penalty of life imprisonment (cadena perpetua), the defendant Romualdo :Monte to twelve years and one day of imprisonment ( cadena temporal), and the defendant Mar('OS Tagaca to six years and one day imprisonment (prisi6n mayor), with their respective accessories, and acquitting the other defendants of the accusation. After the cause was removed to this court the appellani., made application for nmnesty under the proclamation of the President of the Cnited States of date the 4th day of July, 1902. The appli1•ation w11s heard by this court on the 15th day of December, 1902. and was OYerrnled. (See 1 Off. Gaz., 77.) •Headnotes by Mr. Justice Cooper. OFFICIAL GAZETTE 89 The judgment of the C.:ourt of First Instance is fully fntstaine<l /1y the evidence contained in the record. Apolinario Castro, a witness for the prosecution, testified that in the month of January, 1902, he was invited by the defendant Victorino Correa to join him in the barbecue of a pig; that he was also told by the defendant to invite Pablo Jangat; that th<' witness accepted the invitation and sent word to Jangat, and went to Victorino's house; that, shortly after, Pablo Jangat ani\·cd, and was immediately seized by Leandro Monte, aided by Alejo Correa and Martin Lagursay; at the same time Romualdo Monte seized the witness and took him a short dis~ance away from the place, and from this point he was able to see what occurred through the openings between the trees; that he was detained in this place for about half an hom, and that at the expiration of that time was allowed to return; that he did not see Jangat there, but saw some of the accused; that he did not ask where Jangat was because he was afraid; that about half an hour afterwards Mal'tin Lagursay, Leandro Monte, Alejo Conea, and Victorino Correa returned; that Jangat did not eome with them; that they then proceeded to carve the pig, asd after eating it each one went home. The witness stated that he observed a wound on Jangat's head at the time he was seized, but did not know which one of the accused inflicted it; that while he was in the brnsh detained by Romunldo Monte hr, heard one of the men present say in a loud voice, "Anyone who goes about telling of this occurrence will be killed, with all his family." That the time of the occurrence was between i and 10 o'clock a. m.; that he did not report the facts to the authorities because he was afraid of Victorino Correa, who told the witness that if he said anything about the matter he would kill him; that when Pablo Jangat was seized by these men there were no other pel'sons present, exCept Victorino Correa, Alejo Correa. Leandro Monte. and Martin Lagursay, but added that when the pig was carved several other men came around. and among them were Macal"io :Monte and -~icolas Reyes. Leon Bmnaro testified that on Friday in the month of January, 1902, he had been requested by tlw accu:>cd \"ictorino Concu lo eome to his house for the purpose of joining him in a barbeene of a pig; that the witness accepted the invitation and went to Correa's house, where he met Pablo Jangat, the deceased, Apolario Castro, Alejo Con-ea, Leandro :Monte, :Mal'tin Lagursay, :Marco;; Tagaca, and Romualdo Monte; thut after a few moments he saw Leandro Monte approach Pablo Jangnt and seize him; that at the same time .Alejo Co'nC'a approached and struck Jangat on the head with a stick, which caused a large wound from which a great deal of blood flowed; that immcdiatC'ly after Martin Lagursay approached and also seized Jangat, and then the three proceeded to tie his arms behind his back and to tic his feet together; that after Jangat was so tied he implored Alejo Conca to pardon him; that Correa the1·eupon asked him where he had put the ring he had taken, to which Jnngat l'eplied that he knC'w nothing about it-he had not taken any such ring; that upon this )fontc seized a piece of cane and thrust it bctw<·cn Jangat's legs, assisted by Mutin Lagursay, and that they tllC'n tied Jangat's body to the cane with the rope so that he might be carried; t!Htt after this was done Victorino Conca. who was the man that ordered that Jangat be seized, dir<'ctcd all the other pel'sons present to eany Jangat a short distance into the woods, and to bmy him there, Janga.t at this time being in a dying condition; thereupon Leandro Monte and ?llnrtin Lngursay each placed on his shoulder an end of the can<', whic-h had been passed through the legs of the deceased, and from whic~h he was suspended, and carried him into n neighboring wood; thnt thesc men were followed by Victorino COIT<'ll, Alejo Con<'a. )larcos Tagaca. nnd thc witness; tlrnt the latter two follow<'d h<'cause they were afraid of Victorino Con<'a; thnt Tngaca hncl n crowbar with him, nnd nft<'r reaching a point. in tlu• woods some distance to the southwest of \'ietoriuo Corrca's holl!:ic Victorino Correa ordered a gra\"C' to be dug in which to bury Pablo Jangat, who was then dead; that the grave was dug by Alejo Conea, :Mal'tin Lagursay, :Marco" Tagaca, and Victorino Correa himself; they put Jangat's body in it and co\·ered it with earth; this having been done they returned to Victorino's house. After they returned to the house of Victorino they found that the hog had already been carved and that some other men-Tito Correa, Romualdo Monte, Miguel Aguinaldo, Nieolas Reyes, Eulalia Gamayon, and Apolinario Castro-had arrived and wel'e engaged in distributing the meat; that the deceased Jangat was seized in the yard in front of Correa's house; that the body was buried about half an hour after he was seized and wounded; that Victorino Correa not only ordered Jangat to be seized but ordered him to be ca1Tied away and buried; that he heud Alejo Correa say 'that the ring concerning which he had interrogated Jangat after striking him on the head was the properly of Correa's sister, who said that it had been taken from her the night before, and the witness supposed that this was the motive for the killing of Jangat. The witness testified further that Marcos Tagaea did not voluntarily assist the other accused above named in digging the grave; but the witness added that he did not know where Tagaca got the crowbar or whether he had been instructed to get it, or whether, on the contrary, he provided himself with it of his own free will. lsi<lro Mariano testified that one day in the month of January, 1902, while he wa,s plowing a field, the deceased, Pablo Jangat, approaehcd him and invited him to go with some others who were to meet at Victori_no Corrca's house for the purpo:>e of barbecuing a pig; thal the witness told Jangat to go ahead and that he would come later, which he did; that the witness, after taking breakfast, startrd for the place, but before arriving there went over to Alejo Co1Tea's house; that just at this time l\Iartin Lagursay arrived and told the witness that by order of Victorino Correa he was to go immediately to the latter's house; that the witness obeyed, and, upon arriving at Victodno's house saw Pablo Jangat's body stretched on the ground, dead, his nrms tied elbow to elbow, with a u:ound on the left side of his head; that a short time after Victo· l"ino Uorrea. ordcrctl Leandro .l\lontc and Martin Lagursay to carry .Jungat's body away from that place; that they did so, followed by Victorino Correa, Alejo Conca, and Tito Correa; that the witness clid not know what they did with the body, as he remained at the house with l\Iigucl Aguinaldo, Nicholas Reyes, and Romuuldo :'llontc for the purpose of killing and carving the pig, us they wrre ord<'rcd to do by Victorino Conca. The witness further testified that upon his arriml at the house he found the men he mentioned <lS being present engaged in conversation around the body of Pablo .Jangat, who apparently had just died; that Victorino had a bolo and that Alejo Correa, Tito Correa, and Miguel Aguinaldo had clubs, which were spotted with fresh blood; that there was another hloody stick lying on the ground; that the witness arrived at the hou~e about 10 o'clock in thr morning, and that u. short time afterwards they carried the bod:r away, but tho1t the witness did not know where they buried it. The witness further stated that the reuson why he c\id not leave at once was bccausr Victorina Correa had prohibited him from doing so, and that he, being afraid, had obeyed him. The witnC'sS was then asked if he knew what was the moti,·c for killing l'nblo .Tangat, to which he replied thnt he did not know why Jangat wus killed, nor could he testify, of his own dir<>C"t knowlf'dg'<', as to whether the defendants prcsf'ut nt the trial wcrr. the ones who killed J1mgat, although he strnngly suspected that tlwy wl"rl' all implicated in the killing in question, from tlw fact that he fournl them nil sitting around near the body, and espc1·inlly with resp<'ct to Victorino Correa, on nccount of the warnings :ind thrrntf; of tlw latter, who told tht> witness not to reveal to anyone whnt he had seen. under the penalty of denth. The witness le:>tificd to having seen the witnesses Apolonario Castro and Leon Bun111ro at thr plncc in IJll<'Stion: tJ1at Leandro Monte, Martin 90 OFFICIAL GAZETTE Lagunmy, Victorino Correa, Alejo Correa, and Tito Conca all 1n·nt together and in the same direction with Ute hotly of the deceased; that Victorino Correa compelled the otht>n; to carry the body. The defendant Victorino Correa testified in his own behalf and stated that he did not invite the part;r to come to hi.<; house to bar· becuc the pig. He denied ever having had an.1· acquaintance with the deceased. Alejo Correa, another one of the defendants, tl'stificd, stating that he was not present at the time of the killing of the tleceasecl: that he was at another barrio on this very day from sumise until 7 o'clock at night; that he never knew the deceased and did 11ot know whether or not he was dead; thut it was not tnll' that thr deceased had stolen a ring from his sister. The defendant Martin Lagul'say testified that on tlw day in question he was away from his house planting tobacco from sunrise to sunset; that he nc\•er knew thl' dee<'asl'd ancl had nevt>r heard of his death. Leandro 1\fonte testified that on the day in question he was bus;-.· grinding sugar cane at his house, some distance away from thl' pince in question; that the first time the witnc>ss heard anything about the death of Pablo Jangat was in the justicC''s court at Din· gras, after this case was commenced. . Romualdo :Monte testified that he knew nothing about the killing of which he was accused. )farcos Tagaca. testified that on Friday, in .Januar:~;, Hl02, he \l'llS busy planting tobacco until about IO o'clock in tlw morning: that after having rested until after 12 o'clock. he went to Tito Correa's house fol' the purpose of getting some tobacco seed; that while there Tito tolcl him that Victorino Correa had killed a pig; that he wcrit to Victorino's house; that he sawn<:> otlwr persons except Victorino and the lattc>r's 11"if1•, and that lw had ohsrrved nothing worthy of attention. It is. contended by the counsel for the defendants that the qualifying circumstance of alcvos£a has not been shown in the case. Alcrnsfa, as defined in article IO of the Penal Code, exists wlwn the culprit commits the crime b:r employing means, ml'thods, or forms in the execution thcnof which tend to directly and spcciall~· insure it without risk to the person of the criminal, arising from any dcfl'nse the injured party might mukc. The proof is entirely suffici<.>nt: to l'Jhow the existence of alc·vo.Yiu as dcfinl'd by the statute. 'fhc deceased wa;; treacherously invited to the home of the defendant Victorino Correa to enjoy his hospitulit~', accepted the invitation, and whrn he arrived the1·e he W<H< srized by Leandro Monte. \\'hilr hrld by :Monte the defendant Alejo Correa gave him a strokr on the head and at the saml' time .Martin Lagursay approachf'd and sl'ized him. While thus firmly within the grasp of the dcfendnnts he rl'ceived mortal wounds at thC'ir hands. He was then bound lmnd and foot, und, notwithstanding his supplications for pnrdon. a cane was thrnst through the ropes thus binding him, and he was then, at the direction of Victorino CorrC'a, carried off in a dying condition and buried. The mcthmls thus employed tended directly 11nd specially to insurC' 11\(' nceomplishml'nt of the crime without any risk to the pNson of those executing it. \Vhile th<' motive for the commission of tlw olfensl' is not entfrl'ly clear-thl' tc>stimony not disclosing- anything upon this point further than that after the dl'ccased W;\s struck and bound he wns ~1skcd wlwrc he had put the ring he had takrn-yet it is cvidrnt from the facts contained in the record that tlwrl' ~1·as a C'Onspirne;-.' on the part of the accused pl'rsons, led by Victorino Conl'n, to murder the deceased. Tim alibi proof contnincd in the record, if the tl'stimony Wl'l'C credibll', might be rntitll'd to soml' considl'rntion; but. we pince bnt little confidl'nce in this clmnteler of testimonv when tlw connection of the parties with the commission of the .o/Tense has been prm'l'n by eyewitnessc!'I, who not onlr tt>stified to the nets committ.ed but clearly identifit'd the partit>S who enj!llg'l'd in their commission. The counsel for the defr•nse contend,; that the C\"ideucc shows that Tagaca a;,sisted in the burial of the body of the deceased against his will, acting under fcnr on account of threats m:tde by Victorino CorrPa. Tagaca had a crowbar with him with which the grave was dug, and no explan;1tion w11s made as to whethe>r he had provided himsl'lf with it of his own free will, or whether it was furnished by Victorino Corren when thr parties set out for the burial of the deccasrd. Tngnca himself has not set up this defense. On the contral'y, he has attempted to pro,•e an alibi and to show his entire ignorance of the matter. It sl'ems prob1tble from the evidence that Victorino Correa was the leader of a lawl1•ss band, and, for some cause not Yery eYident. hud assl'mbled the members nt his house for the purpose of killing the deceased. '\Vhether this band was engaged in the insurrection, and the offense committed by them was of a political character, we arc unable to sn_v, there being nothing in the record to show the purposes of the organization, if such organization existed. The judgment of the Court of First Instance should be affirmed, which is accordingly done. Arellano, C. J., Torres. Willanl, Mapa, and l\IcDonough, JJ., concur. .Johnson, .r., did nol sit in this cnse. Ju<(qm('nf affirmed. [No. 1247. December 22, 1903.) 7'/IR UNITED 87'.4.TES, complainant and appellee, vs. PABLO .J.-LJJD.1 0 E7' Ah, defendants and appellants. .. 1. Cun.llNAL LAW; Ml1 Ill>ER; QuALJFICATIVE CIRCUMSTANCES; ALEVOsfA.-Wbere It appears tbat a man, bound elbow to elbow and unable to defend bimseU, was attacked and killed by two armed assailants, In the presenee or four others more or less prepared to assist those engaged In the material commission of the crime, the derense Is murder, because of tbe presence ot the circumstance or alcvosia. 2. In.; COPARTICIPATION JN CRUIE.-All those who intentlenally and voluntarily contribute by positive acts to tbe reallzatJOn of a common criminal Intent, each and all cootrlbute to the consummation or the dellctive act and must be regarded as coprlnelpals; there having beeo a more or less lotlmate connection betweeo all wltb respect to tbe consummated crime, It Is not p1·oper to determine the liability of each one Independently. ;~ It>.; In.; MITIGATING CIRCUMSTANCES; ARTICL~: 11 OF THE PENAL ConE.-Where it appears that the defendants In killing the de··eased, a sanitary Inspector, acted under the Impulse of a false belief attributable to their lgnorance---that sanitary lnspet'tors were engaged In poisoning the wells-the special circumstance or article 11 or the Penal Code should be considered ln their favor as a mitigating clrcumstanee. APPEAL from a jndgmenl of t.he Court of First Instance of Iloilo. The fncts are stated in the opinion of the court. CARLOS LEDESllA, for apprllnnts. Solicitor-Ge1wral AnA~E"I'.\. for np1wl1N•. TOltRES, ,/.: This case was tried in the Court of First Instance of Iloilo. upon the charge of mur<lr1·. It was brought to this court cn consulta and on the appeal taken by counsel for three of the defendants from the judgment, dated February 2 of this year. by which Pablo Jnmino, Emetcrio Alcnlu, and Anselmo Toledo were con· dcmned to the dl'ath penalty, to the payment l'ltch of one-third part of the costs. and to the accessory penalties. IlC'twccn 9 and 10 on the morning of September 29, 1902, Hufino de In Cara. n snnitary· inspector, was making an in;;prction of the barrio of Ifaybn;-.-. of thr township of l\Iolo, District of lloilo, on tl1e lookout for eho)(')·a l'ases. Pablo Jnmino, 11 resident of that bnnio. snw the inspector going along the street in front t.Headnotea by Mr. Justke Torres. OFFICIAL GAZETTE 91 of his house and ordered two of the five laborel's employed by him in the constrnction of fishing corrals, by name Clemente Belarmino and Emcterio Alcala, to seize Inspector Cara. This they did, and after having bound him elbow to elbow with a piece of rattan took him into the presence of the owner of the corral, l'ablo Jamino. The latter asked the inspector for what purpose he was in the barrio, to which Carn replied that he was there in the performance of his duty, and that he had come to look after any sick people who might be found there. Jamino then told him that there were some sick people in a mangron" swamp near at hand and ordered his men to take the inspector to this place, some four hundred yards distant. Upon arriving at the foot of a cocoanut tree in the swamp, Jamino, who accompanied the party, ordered his men to kill Inspector Cara. Upon this, Custodio N. and Anselmo Toledo attacked the deceased, striking him several blows with their bolos on the head, neck, and face, as a result of which Cara fell to the ground and soon after expired. After Jainino had assured himself that the inspector was quite dead the men threw the body into a ditch, covering it with cocoanut and ni.pa-palm leaves. On the night of the same day, the defendants, Custodio N. and Antonio N. (who have not been arrested) 1·eturned to the place where the crime was committed. put the body into a 1·icc sack. and, after having fastened to the foot of it another sack filled with sand, they cast the body into a small boat, carried it some little distance from the shorl'. and threw it into the sea. This was done in obedience to the orders. or at least with the knowledge, of Pablo Jamino, for the !attn subsequently i·clated to his codcfeudant Toledo the manner in which the body was disposed of. Early in the morning of October 2. 1902, the body of the deceased was found floating near thl.' beach clvse to the light-house of the port• of Iloilo. The fishermen who found it pushed it in toward the beach and reported the matter to the light-housekeeper, who in turn r..otified the justice of the peace. The justice accordingly went down to the beach, accompanied by his assistants and the president of the board of health, Don Cornelio Mapa. The result of the examination of the body show('d that it was very much swollen; that there was a wound on the forehead, another on the face, one on the left side of the hE'ad, and one on the left side of the neck; and that the arms were bound elbow to elbow. A sack covered the lower portion of the body, to the feet of which was fastened another sack containing some sand. The physician wus of the opinion that the deceased had died from drowning, us his wounds were not in thcmseh'es sufficient to euuse death nnd might have healed if proper and timely assist· ance had been given. He stated further that he believed the body must hnve b('e!l in the water some two or three days. The body was recognized and identified by Graciano Amparo und Mr. George Rauner. The first of these men was a friend of Inspector Cara nnd the owner of the house in wl1ich he had lived. lie stated that the deceased left his house on the morning of the ~9th of SeptembC'r referred to, for the purpose of performing the duti<>:; incumbent upon him as sanitary inspector. nnd that he hnd n<>n•r !'<>turned, and, up to tlw tim(' Ids hod~· was iihO\\'ll tlu• witn<>:is and B .. uner near the C<'lnetery, had not been seen bv the witness. Furthermore, on the left ~lt'e,·e of thi:' shirt wo;n by the deceased was found a r(',d crosf;. by which he was idl'ntified by )Ir .• .\madco Malhabour. th(' chief of police. 'rhf' l>1tter also tcstifif'd to the fact that when thC' body was found the elbows were hound together with a pil'CC of rattan. of tlw kind usC'd in construding fishing corrals. Tlw facts above related. which are fully pronn h~, the evidencr in the cll!>I.', constitute the crime of murder, defined and punished in article 403 of the Penal Code. since at the time of the ll>i<inult Caru was bound elbow to elbow and wholly unable lo defernl him· ""Ir ag-ain"t his a-;snilanl,,. 'l'lw lntt('r, furtl\('nnorr. ndPd \\ilh lh<' assislnnce of their four companions. who were there ready to render any aid which might be necessury. Consequently it is unqu('stionahle that for the purpose of killing the deceased the assailants availed themselves of means which directly and spc eially tended to insure thl.' consummation of the crime without risk to thcwseh-es and their companions arising from an attempt at sclf-dC'fense on the plll't of the victim. Tlwn• can be no doubt that the sanitar.'· in.-.1wetor Rufino tic la Carn, whose body, partly enveloped in a suck, was found floating in the sea near the Iloilo light-house, the arms bound elbow to elbow, and the feet tied to another sack filled with sand, was the vic:tim of n murder, not only becau:;e of the serious wounds shown on tlw m·ck, Iacr, and skull of thl' hodv hul also hl'C;lll,w. according to the result of the examination co~ducted by the doctor. the deceased must have died by drowning, for his wounds might perhaps have been cured if he had received timely assistance. Hence it is unquestionable that the deceased died a violent death and that the corpse found was that of the sanitary inspec· tor, Rufino de la Carn, as affirmed by witnesses who knew him in his lifetime, the identification having been made complete by the fact that the distinctive insignia of the Corps was found on the person of the deceased. The four defendants, Pablo Jamino, Anselmo Toledo, Emeterio .\.lcala, and Clemente Belarmino, pleaded not guilt.y to the charge 1•ontain<>d in the amended information filed on December IO, 190~. . .\ft1•r the trial commenced the prosecuting attorney filed a nollc 11rv1w,1ui as to Clemente Belarmino, so that he might be used a:; a \1 itne:;s for the 1irosccution, and this defendant was accordingly at once discharged. This man in his sworn testimony corroborated the facts stated and added that the capture and killing of Rufino de la Cara were in compliance with oi·ders given by Pablo Jamino. The lnth•r, Belarmino testified, told the other accused that the sanitarv inspectors were going about poisoning the wells and that the;· could kill such men with impunity. Upon returning to Jamino's house on a subsequent day, the witness heard from Custodio X. that on the night of the same day on which the nssault wns ('ommittcd the body was thrown into the sea. \Vhen the witness was arrested by the Constabulary officer, the latter, he states, only told him to tell the truth, and did not illtreat or threaten him, .dthough 2.Ir. Cotton, the assistant prosecuting attorney, told him that if he would tell the truth he would ask to have him lli...:clmrged so that he might testify as a. witness for the Governuumt. The witnt>sses Damian )ladrofio and Simplieio Minerva testified I h;1t when the former was arrested as the presumptive author of (he death of Inspector Rufino, he told the officers that he had had nothing to do with it. but pointed out Anselmo Toledo as one of the men who had done the killing. Constabulary Inspector Orwig and these two witnesses accordingly made search for An..:t>\mo. l!pon being found and interrogated upon the subject, he :-.lated that he had done the killing with a bolo which he got from his house and which he exhibited, and that this had been Pffeclcd by him in company with Custodio N., Antonio N., CleIH('llt<' Belarmino and Emeterio Alcala in a mangrove swamp, lo which they had lead the deceased in obedience to orders which I he~· had rcceiYed from P;1blo .Jnmino. He stated further that ( 'h•ml.'ntr- and Emt'terio were those who captured the sanitar;o.· i11sprctor Rufino de la Carn; that the li\tter two, having been ane<;frd hy the Constahulary und taken, together with Anselmo, lo th<' place whnc the crime was committed, thPy all knelt dowu. including the offiC<'r. who thereupon ur,ged them to tell the truth: lhat th('ll Anselmo. Clemente, and Emcterio confessed that thrY h:ul kill<>tl th(' snnitar~' inspector at that pince, by order of Pahl~ .]amino; and that this confession was made in the presence of tht• 11 it1w..:>-1'" Damian Madrofio .md 8implicio Minerva, unaccom[';mi('d by :m:v violrncl'. intimidation, threat. or promise to the pri..:onNs. Tlw witnf'ss 'MinNrn stated that he knew that on thl' 92 OFFICIAL GAZETTE night of the da) in que.,tion Ailtonio and Custodio put the body in a sack and threw it into the sea, and that on this occasion, Custodio said, Jamino had assured them that they need have no fear, as he would J;c rc:,pon.~iblc for 1hcir lives; that at about IO o'clock on the morning of the 29th of September, Sanitary Inspector Rufino passed in front of the witnrss's house, going toward the place where Jamino lived, and since that time he had not seen him. Notwithstanding Pablo Jamino's plea of not guilty and the fact. that Emetel'io Alcala retracted the statements made in the presence of his captor.'> and of several witnesses, the evidence is nevertheless sufficient to authorize the com·iction of the three defendants, Pablo Jamino, Emcterio Alcala, and Anselmo Toledo, as well as of Antonio N. and Custodio X., who were not arrested . . The cxtrajudicial confession of Anselmo Toledo and Emeterio Alcala, repeated on difTerent occasions in the presence of different persons and made freely and spontanronsly, without intimidation or coercion, shows unquestionably the fact of the commisison of the crime and the guilt of those who made the confession, not· withstanding Alcala's subsequent retraction. The confession of Anselmo Toledo, made in the presence of the persons who arrested him, as well as of se"eral other witnesses, and which gave the details of the crime and which is corroborated by the testimony of Clemente Belarmino and Emeterio Alcala, constitutes co11clusive proof of Toledo's guilt. With respect to Pablo Jamino, whom Clemente Belarmino charges with having induced the others to commit the murder, he gave no testimony in his own behalf, but simply denied the charge. Nothing appears, however, in the evidence introduced from which it may be inferred that the charge is false or that it is due to revenge or any oth('r reprehensible motive. Th~ testimony of Clemente Ilelarmino, Damian l\Iadroilo, and Simplicio Minerva is confirmC!d by that of :Maj. H. B. Orwig, Inspector Charles B. Compton, and Policeman Fernando Dolindo and Pantaleon Valencia. Therefore, considering the evidence for the prosecution as n whole, there can be no doubt as to the guilt of the three defendants as principals of the said murder as stated in the confessions of Toledo and Alcala and in the testimony of the witness Belarmino. The three defendant.'!, Jamino, Toledo, and Alcala, are a11 co· principals. Those who seized the victim and were subsequently present at the commission of the crime, as well as those who actually killed thC! deceased by order of Pablo .Jamino, were participants in the crim('. and all arc criminally responsible therf'· for. All participated in the intent and purpose of killing In· spcctor Rufino de la Cara, and although it may be true that only two of them actually did the killing. it is none the less true that the others were present and remained until the crime was consummated. Consec1uently, each of the defendants herein Jll'OSC· cutcd, including the absentees Antonio N. and Custodio N., is equally guilty. It is improper to regard as present the aggravating circum· stances of pl'cmcditation, the commission of the crime in an nn· inhabited placP, and almse of supcriorit;)'· Nothing appears in the record to show that the commission of the crime had been contemplated before the defendants saw Inspector Rufino d<' la Cnrn. pass by; nor docs it appear that there wel'e no house's nNn the mangrove swamp where the deceased \Vas kil!C'd. .As to the circumsbmce of abuse of supel'iority, this must be l'<'gnrded as nwrgcd in th<' qualificativc circumstance of alevosia prest'nt in the perprtration of the crime. From tlw evidence introduced it nppcnrs thnt the motive which lrcl to the commission of the Cl'ime was the erroneous belief, due to ig-nornncc>, thnt snnitnr:\' inspectors, of whom the decea::;<'d wn" one>. wrn• at the time of the occurrence engaged in poisoning \1·1•\b. This being so, the present i<; a cn<;e in which the specilll cirenmstanct• established in article 11 of the Penal Code ma~· properly be applied in mitigation. The defendants must, therefore, be sentenced to the minimum penalty assigned in article 403 of the Penal Code for the punishment of the crime of murder. It is our opinion, therefore, that the judgment of the court below should be revel'sed and the defendants Pablo Jamino, An· selmo Toledo, and Emeterio Alcala condemned each to the penalty of twcmty years of cadena temporal with the accessories of civil interdiction and subjection to the vigilance of the authorities dur· ing the period of their respective lives. In case the principal penalty should be remitted, they should be condemned to suffer absolute perpetual disqualification and subjection to the vigilance of the authorities during the remainder of their lives, unless these accessory penalties should be remitted in the pat·don of the prin· cipal penalty. They should also be condemned to pay pro rata or in solidum an indemnification of 1,000 insular pesos to the heirs of the deceased, as well as to the payment each of a third of the costs of both instances. The record will be duly returned to the court below, with a eel'tified copy of the decision and judgment to be entered thereon, for execution thereof. Arellano, C. J., Cooper, \Villard, l\Iapa, McDonough, and John· son, JJ., concur. Judgment modified. [No. 134'5. December 29, 1903.) TH/'J UNI7'BD STA.TES, complainant and appcllee, vs. JOSE MONTANO, defendant and appellant. CRL\IINAL LAW; RODBERY EN CUADRILLA; ACCESSORY AFTER THE FACT.One who disposes or stolen property after he Is Informed of its character by demand for lta return to the owner Is guilty as an acceaaory e\·en If he did not know that the property was stolen at the time It came Into his possession. APPEAL from a judgment of the Court of First Instance of Iloilo. The facts are stated in the opinion of the court. CARLOS LEDESb.fA, for appellant. Solicitor·General ARANETA, for appellee. l\IcDoNOUGlI, J.: The defendant, Jose Montafio, was charged with being accessory to the crime of robbbery in company, committed in the month of January, 1902, in the barrio of Nnpnapin, in the town of Tig· bauan, by more than three armed men, who, in the nighttime, with force and arms committed a robbery and carried away, n:i the proceeds thereof, eight carabaos. Thcl'e is evidence in the case to show that soon after the robbel'y four of these carabaos were found in the possession of the defendant at Alimodian; that the defendant was informed that these carabaos had been stolen; and that the credentials of owner· ship were exhibited to him by the rightful owners; that the defendant stated that if he had known that the carnbaos had been stolen he would not have bought them, and that he asked to be paid one·half of the price of the carabaos as a condition of dc-Ji,·cring them to the owners. The owners testified that they then stated to the defendant that they had not the money with which to make this payment, but that they would go to their homes and return with the money. This they did the next day, but then the defendant stated that he had returned the carabaos to the men from whom he had bought them; and so the owners were not able to recover posses· :-ion of their property. by reason of the disposal of the same by the dE'fendant. after he had been informed thut the earabaos had bren taken from thC' owners through robbery. The defendant denied that he had had these eurabaos in his possession; denied that he had promised to return them on pe.y· OF~FICIAL GAZETTE 93 ment of half the price which he had paid for the same, and denied that he had had any conversation with the owners about the same. He also produced witnesses whose testimony tended to pro\•e an alibi, but this branch of the proof was weak, and the contradictory statements of the defendant had the effect of weakening his testimony nlso. The court below, evidently believing the evidence produced by the prosecution, found the defendant guilty and sentenced him to serve a term of four months of arresto mciyor, together with the corresponding accessori<"s and indemnification and to the payment of the costs. In order to convict the defendant of the cl'ime of being accessory to the crime of robbery committed as shown by the evidence in this case, it was not necessary to show that he had participated therein, It was suffident to show that he had kno\\·ledge of it, and the proof shows that he acquired suC"h knowledge wlwn he was told by the own('rs tliat. these earabnos 111111 been taken away from ih<' owners by robbery. After having ohlained t.his knowledge he disposed of lhe property or conc<'nlC'tl t.hc .~amc so that the owners were d<'pri\"Cd of their propert.y-tlie body and effects of the el'imc. (Sec art. 15. Penal Code.) We are of opinion, hown<'r, that in sentencing the defendant an error was committed by the court below. As the punishment provided for the crime of robo en cuadrilla is that designated in No. 5 of article 503 of the Penal Code in its maximum grade, the penalty corresponding to ~n accessory after the fact is not that of an-csto mayoi· in its maximum gn1de--the punishment fixed for an accomplice--hut u correctional fine. (Arts. 2G. Gi. and 68 of the Penal Code.) The judgment below is therefore reYersed and judgment ordered as follows: That the said Jose Montafio be senteiwed to pay a fine of 2,500 pesetas, 11nd, if he fail to pay said fine, that he be imprisoned until the same shall be paid, but such imprisonment not to exeecd one month. Arellano, C. J., Torres, Cooper, Willurd, )fopa, and Johnson, ,J,J., concur. Jt1dgmcnt modified. [No. 1423. December 29, 1903.] TIIFJ UNI'l'f:D 81'A'l'BS, complainant a11d appellant, cs. BDUAR· DO AHA.ROA, defendant a11d appcUce. 1. CnUIINAL Pnoc>;DURE; PHACTIC£: MOTION TO DISMISS Altn.;n PnosECUTION R&STS.-After the prosecution rests tbe cOUl't should not dismiss the case on motion for Insufficiency of proof but should require the defendant to present evidence on his own behalf. 2. ID.; Jo.; Io.-Where a prosecution is dismissed on the grouud of insufficieucy of proof in response to a motion by the defense, iu the event of an appeal by the prosecut!ou, the Supreme Court, should It not agree with the conclusions of the trial court, may reverse the decision and enter a judgment of conviction upon the facts pro\•ed by the prosecution without remanding the case for a new trlal. APPEAL from a judgment of the Court of lt'irst Instance of La Union. The facts arc stated in the opinion of the court. 8olicitor-G<'ncrnl AllANETA, for itppcllant. FELIPE G. CALPERON, for private prosecutor. \YAOE H. KITCln::-;-s, for a1,pellee. McDoNouon, J.: This is an appeal from the jnclg111cnt of the Court of First Instance of thr Province of Ln l'nion. acquitting the lll'frndant on a clmrge of incc11diu (arson), ;1ll<'gcll to \m\•e bcC"n committ('(l hv him on the night of ~[nrch I. 1!103, in :-ian FNnnnllo tlc 111 Unior;. The camarin of onr Lncino Almrid11 Chnu 'l"fluco. othcrwis1• callt•tl Tann, wns h11rnrd on tlrnt night. It wa" clninwd that Eduardo Aharon Clum·Em, tht> ncr11s1•d hrr<'. hnd ;;<'\ firr to the honsf'. and hr wns 11rrrstrd and put upon trial :it Nfln Ft•rn:mdo d1• la l'nio11 on .Jun<' 3, 1!103. rn720----3 After I I witnesses had IJccu .~wom aud had te..,tificd in IJehalf of the prosecution and 4i pagrs of testimony taken the court discharged the accused fol' the reason that the prosC"cution had not made out a case against him. It was proved satisfactoril~· that the lrnilding and its contents. a stock of goods, valued altogether ;tt about 60,000 pesos, 'Mexican currency, were destroyed by fire, but the testimony adduced to show that the accused set the building on fire was not direct and positive, hut rather of a circumstantial and contmdictory nature, and which, apparently. was not strong enough to convince the learned judge who tried the C'nse of the guilt of the accused. After carefully reading the C\"idenc<' and considering its bearing and weigl1t we ha\'c concludrd that the judgment of the Court of First Instance should be allirmed. \Ye do not, howe\'er, approve of the practice adopted of dis· missing the <:as<', on motion of the attorney for the accused, when the fiscal announced that lw had no more testimony to offor. Such practice should not Le followC'd for the reasons (I) if t.hi-> court should not agr1·c with the conclusion reached by the court below it would he> a11ll1oriz1•d to rewrsc the judgment and enter judgnwnt convicting the accused upon the facts proved by the prosecution, and thus depriving the accused of making a defense brlow, if he had a defense, and (2) if this court, on disappro\•al of the judgment below, should order n new trial the result would be tlmt the prosecution would he obliged to place the defendant on trial twicC", whf'n all 'the evidence could have been obtained in one trial; and the dch·ndant would lmYe the benefit of dela:r· and the possible death or disnppcarnnCc of witnesses for the prosecution. Vlc arc of opinion, therefor<', that the b<'tter prnctice is to re· quire the d<'frndnnt to make his defense, if he desires to offer e\•idenee in his own behalf, nnd not to dismiss the cnsc, on motion. until both puties have pr<'sented nil their cvidenc<'. The judgment below is affirmed with the costs of both instances de oficio. Arellano. C. ,T.. Torr<'s. Coope>r, \Vill11rcl, and Mapa, ,J.J., concur. .ronNSON, J.: I concm in thr result. Jmlgmcnt affirmed. [No. 1260. De('ember 31. 1903.] TllR U?l.-ITBH STATRS, comvlainant and appcllcc, 1;s. FRAN· msco D..tl'IJJ ET .1T~ .. dcfentlants und appclla11ls. 1. C11n11;.;.i.1, LAW; Muno•;n: A:o.1;.;i:;STY.-The defeudant. a revolutionary soldier, killed the deceased, an American civilian, in 1900, while the latter, a prisoner In charge of the defendant, was being taken by him to the Insurgent headquarters. The evidence showed thnt the l'rlme was 1,ommitted pursuant to orders given the defendant by his superiors. Jfrld, that the crime was political In Its t'harn<'ter and that the defendant is entitled to the benefits of the amnesty proclamation of July 4, 1902. 2. Ill.; Io.: Evm~::-;n;; Ri;s G~;sT;J.;.-Statements made by the defendant to a witness Immediately after killing the del'eased to the etTet•t that he had been ordered to do so by a superior are admissible as l'onstituting a del"laratlon mnde In the act Itself and us a part o! It. .\PPEAL from a judgment of the Comt of First Instance of Smig110. Tlw facts arr ;;tatt·d in the opinion of the court. Em:A1mo <1l'TIElmEZ lb:l'llll:, for appellants. 8olicitor-G<'neral AllAXET.\. for appellce. \\"II.f,Allll, .].: The npp<'llant. DnYitl. hn;; been convicted of the crime of as· "it;;sinntion and ,;<'nfrnct'cl to lifr imprisonment. The court below IH•ld thnt jl(' was not l'ntit\('d to the benefits of the amnesty of ,July 4. 1902. 111 this W<' think that there wag <'!Ttlr. 'l;hr C'l"ille>nr<' in the> l'n;;r ns to the> eirC"umstan<'l'S l'Oimectrd with tlw commission of thl' offl'll"l' is ,-ery conflicting. )[:mwrto An· H4 OFJ<~lCIAL GAZETTE tcojo, a defendant who was acquitted in the court below, testified twice during the trial. His two statements were inconsistent with each other, liut it is probable thut hj,., ,,el·oud one is more neal'ly the truth than the statement of any other of the persons who claim to have been eyewitnesses. He said that when he and one Coft1 were returning from the forests they met French. He was looking for another American who had been arrested by the revolutionists and taken to the commnnder of those forces, Dani!'!! P. Sisson. They immediately seized l•'rench and were taking him to the same chief, when, on passing by the house of Eusebio Cenal'l'o, they saw there Francisco Villabrillc and other revolutionists. Villabrille gave French something to cat and soon departed, leaving him in the charge of David and directing the Jattpr to take the prisoner to Si!:iSOll. At.. nightfall they started, and on the way David killed French with. a bolo. The offense was committed in Surigao some time in 1900. No complaint was presented until February, 1903. 1. Th<> appellant at the time in question was participating against the UnitPd Stutes in the insurrection. The witnC!:i!:iCS nil agr<'e that he and his companions were revolutionary soldiers. The appellant wore the uniform of a revolutionist. 2. It sufficiently appears that the crime was political in its character. The only reason for seizing French was that he was an American belonging to the country' against which they were then fighting. The fact that they were taking him to the leader of the revolutionary forces shows nhnost conclusivply that the detention was for causes connected with the insurrection. While ii political prisoner and on his way io headquarters he was killed. There can be no doubt that the killing was due to the same cause as the arrest, namely, that he was an American and an enemy. 3. We think also tilat the evidence is sufficient to show that the appellant committed the act pursuant to orders of his supc· l'iors. Mamerto testified that David told him in the very act that he was ordered by Villubrillc to kill the deceased. This testimony is something more than hearsay. lt is a declaration made in the act itself and is a part of it. Mamerto also testified that when Villabrille charged David with the custody of the prisoner he said something more to him which the witness could not hear. The fact that French was not killed by his captors when they first seized him but only after the conference with \'illabrillc is also entitled to weight. The first declaration of the appellant appears in the record as follows: "The defendants having been examined in the presence of their defender, Don Daniel Toribio Sisson, l•'rnncisco David. 29 years of age, resident of Maynit, stated: "'Thut he knows nothing of the crime of which he is accused and of which he 1·eceh·ed notice when in Maynit; that he had orders from his superiors not to kill any Americans but to •eizc thC'm and take them to their presence.' " The statement as to the killing of prisoners was entirely irrcle· \·ant to the 1·cst of the statement, and in \"icw of the foct that it was gi\'en before his counsel, who was the superior officer men· tioncd in the testimony, we think it is not entitled to weight. The rank which Villabrillc had in the revolutionary ar·my does not appear. llut thut it was superior to that of David is evident. They reported to him the capture. He assumed control of French \\·hile thl'y were together and gan• ordC'rs as to his disposition when he depnrted. The appellant is entitled tu the benct1t of the amnesty abon nwntionrd, and, on filing in this court the oath rcquir<>d by th<' proelnmation. an order will he C'ntcred dismissing the case. Ar<>llnno. C. ,J.. Torres. f'oop<>r. M:1p;1. nnd ~foDonough. ,J.J.. .Joux~ox, ./., dissenting: Am1wsly shonltl not hr ~ranl('(l lo tlw clt•fernlant in llw ahm·r l'llll"c' for tlw r<>nson thnt tlw proof do{'s not show that lw is in· eluded among the class of persons named or mentioned in the prul'lanwtion of amnesty of July 4. 190::!. of the President of the l "nited Stales. Xeither doc,, the proof show that the crime with \\'hi1·h he is e11arged i>< i1w\11<led among those mentioned in the -.amt• produmation. ./1ulymc11t reversed. [:-'o. 153·1. January 4. 190·1.] FOU'J'(iYA'J'O RJCA.JIORA, 7Jctitioner, vs. GRAN'l' T. 'l;REN'l', judge of First Instance of Cebu, 1·espondcnt. Ci\'IL PROCEDURE; BILL OF EXCEPTIONS: SIGNATURE: DEATH O•' TRIAi. JUDGE ; MANDAMus.-The slgoature o! the judge who tried the case Is oot au lndlspeosable requisite to a bill or u;ceptic:ms; lo case of hia death, abseoce. et!' .• his successor may sign the bill and. in case of bis !allure or refusal to do so mandamus will lie. OHIGJNAL l'ETITIO~ for a writ of mandamus. The facts are stated in the opinion of the comt. .\IARIA:XO Cn, for petitioner. nnANT T. TRENT, respondent. \VILLAtm, J.: This case wa;; tried in the Comt of First Instance for the Province of Ucbu by the late Judge Carlock, and decided in favor of the plaintiff. After the death of Judge Carlock the defendant prcscntccl a bill of cxcC'ptions to Judge Trent. acting as the judge of that court, for allowance and signature. He refused to sign it. and the defendant procured an order to show cause under article 490 of the Code of Civil Procedure. The judge has filed an answer stating the nasons for his action. We construe the answer as indicating that by means of the "tenographe1·'s notes it will be possible to prepare a bill of ex· 1·1'ptions which will contain a hue statement of what took place at the trial. The judge was of the opinion, however, that he had no power to sign such a bill of exceptions because he was not the judge who tried the case. In this we think there was CITOJ'. Whate\·er may be the rule in other jurisdictions, it is certain that under our law the signature of the judge who tried the case is not an absolutely indispensable requisite of a valid bill of exeeptions. In speaking of the power of this court to settle a bill of <'Xceptions under said article 409, this court said: "We think that the remedy provided in this section applies not only to cases where the judge has declined to take action on the bill of ex· C>C'ptions tendered by the party or has refused to certify such bill without substituting another in its place, but to cases where he has certified a bill of exceptions but has 1·efused to embody therein some or all of the exceptions embraced in the bill frndcrC'd him, and which the party claims to have been properly taken." (Gonzaga vs. Norris, 1 Oft'. Gaz., 346.) R~' this section this court is given the power to determine what took pla<·c nt the trial in the court below not only without any -.tatemcnt of the judge who presides at such trial on that subject hnt even ag-ainst his statPment. Section 143 of the Code of Civil Procedme nowhere states that t ht• bill of <>xccptions shall ·be presented to the judge u·ho tried. /he 1:(1,~c. It is capable of the construction that the judge refcrrl'd In is a jmlg:e of the court at the time the bill is pre!:iented for -.il!lllltun>. In determining which construction is proper, section .f!)!) and the construction which we han• given it arc <>ntitled to grrnt \w•ight. The legislature ha\"ing provided that this court might st•ttl<> a bill of exceptions against the >:<tntcments of tl1e trinl jmlg:<'. it is more probable tlint they intended to intrnst tlmt IM\n•r to the judge actually prrsiding: in thc court at the timC' lht• hill i~ tendered rnther than to mnk<> the signaturr of thr 1 rial jndg(• indispensable. wlwn hy rensom: of death or ahst•lll'l' it would ht• impo,w.ihle to obtain such signnture. In e\'err sut·h c«l,,(' tlu· jmlgl' of that court would be hettl'I' abll' to determirn· OF:FICIAL GAZETTE 95 whaL took plaec at thr trial than this court is in cases falling under section 499. In determining the intention of the legislature we are entitled t.o take into consideration moreover the consequences which would follow from a contrnry decision. In this case Judge Carloek's death has made it impossible to secure a bill of exceptions unless his successor is allowed to sign it. The rC'SUlt is that the defeated pai-ty is deprived of liis l"ight to appeal without any fault of his own. The> lrgblature never could ha\"c intended such a result. The only other relief would be for the court to grant a new trial. This would involve the parties and the province in a large and additional expense without in a majority of cases nny reason therefor. This result C"ould not have been intended by the legislature. In most cast>s as in this case the evidence is preserved in the stenographer's notes, and it is as easy for onC' judge to determine what took plac-C' at the trial as another. An order will be entered directing the judge below to sign and /allow a bill of exceptions after he has made it conform to the facts as they m11y appear from the stenographer's not.PS or other evidence. AreUano, C. J .. Tones, Cooper, :Map11. :i\>fcDonough. and ,Johnson, JJ., concur. Writ allou:cd. O/liC'<'t°R in municipt1liti1'.~ t1/wlishcd by ro11solidalion; boards of health. )L\N'll.A, l'. I., Xove1nbcr 21, 190.l. Section t of Act 943 abo\i<;hC'.'i the municipal offices held in municipalities 'whos(' boundaries have been changed. As the president of :i municipal board of health is a municipal ollicer his oflicC' is thus abolished. This leaves·not only the office of the president of the bourd of health nonexistent but also the ollices of the other memb('l'S of the board nonexistent. Thcr<'forC', if two or more pueblos are consolidated the entire board of health for the municipalitr slw.uld be organized in accordance with Act :JOB of the Philippim• Commission, and the presidC'nt of the town retaining its identit,\· cloes not continue th<' president of the b9rml of lwnlth in thP nPw town. As the president!! of nil boards of health of consolidntPd towns arc ll'gislntPd out of their positions, a J\('\\" appointnl('nt must hr made in order to restore them to the sen'icP, A transfer i~ unau· thori7.Pcl. Onl)' such persons nm,\· br nppointrd ns han~ thr qnaJifi. cations rC'quirecl h)' lnw. L. R. \VILFLEY, Atlorney-Gcnaal. Thr llonornblr. the ACTDW SJo:C'llll:TAln' O)o' Tin: l:'\TERlOI!. nu1u.-;At~ OP ClJS1'0:llS ANH lill:l'llOHA'l'IO:\'. 'rAMIFJo' llJo:CJSIOX CIRCULAllS. Xo. :1:i:\.-··Qttarl<'rola.~;" lmrrcl.~. )[ANJr.A, Dec<'mbc1· 28, 190.1. '/'o <tll Colkf'lor.~ of Customs: The following is hl'l'l'hy puhli,;h<'d for tlw information nnd guid· Ill\('(' of nil COl\Cl'l'llCtl: "In the mntkr of l'rntrst ~o. 2222, filed June 13, l!JO:I, by the l 'ompn11ht Ge1J('ml de TabaC'os de Filipimu;, against the action of thC' Collrctor of Customs for tlw Philippine Islands. acting as Collc>dor of Cnstoms for the port of Manila, n;:; to thP classification of 1•1•rtnin empty quarter bnrn·ls drclnrrd for duty on Entry ~o. 11807, Vouchrr Ko. l!J260. paid .runC' II. 1903. "The claim in this case i.'l against the cla;:;;;ilirntion of eC'rtnin •quarterolns' us bnrr<'IS, undC'r pnrngraph :ma (tl) of th<' Tnriff H<'Yi'lion Law of UJOI. nt $0.S:i 1•aC'h. inst<'nd of ns '1pmrter harrl'lo;;,' n111lt'r 1in1·:11!rnph :lli!l (fl. nt :i:o.:1:; 1·nC'h. :1~ <'ntNC'tl. ··Jt i-; admitted that these containers are commercially known in Spain and by Spaniards as 'quarterolas,' i. e., quarter barrels, and that 'quarterolas' are specifically mentio1wd in paragraph 363 ({) of the Spanish edition of the tariff. ··on the other hand each quarterola is of such a. size as to con· lain about 30 gallons, or almost exactly the same as the American standard barrel of 31! gallons; if such a container is a quarter of a barrel, then it is obvious that a barrel dutiable under paragraph :Jli:J (d) is not such unless it contains four times 30 gallon;:;, or 120 gallons; but that is a pipe. ··The explanation is to be found in the fact that the Spanish tariff is not a perfect translation of the English. The English text of all acts of the United States Philippine Commission is the official and ruling one (see Tariff Decision Circular No. 22), and the Spanish copy is a translation thereof furnished for the convenience of such as arn not familiar with the English' language. Errors may cxi;:;t in the Spanish text, but such errors can not be permitted to modify or control the authoritath·e English version . .. The legislators who passed the Tariff Law are presumed to have been fully conversant with all wcll-establishl'd eommercial terms and usages current at the time of the enactment of the law, yet this presumption of familiarity on their part docs not extend to foreign terms and uc;ages, no matter how well established they may have been in their respective countries. To hold otherwise might, ns in the present case, permit the fact, of the foreign origin of mer· ~handise, or the foreign language of the invoice to alter n plain <·l.1ssification and would result in discrimination and chaos. "That these 'quartcrolns' llH' .4banC'ls according to American -.tnndards, and as such were intended to hr classifil'd under para· ).t"l'aph 363 (d) admits of no question. ·· ProlC'st Xo. 2222, on tlw grounds above mentioned, is thNeforp oY<'lTUied and denied. (Signed) H.B. l\fcCo~·, AC'ting Collector of ('u~tom.<; for OJ(' Philippine' J-;lnnds." H.B. McCOY, ~tr-li11f/ Coli<>clor of Customs for the Philippine Islands. :\o. 354.-/klt b11ckks. :\[ANIT.A, nccemb1'r 28, 19fM. '/'o ull Collectors of Customs: The following is hcrrby puh\is\l('d for the information and guidaneP of nil concerned: ··Jn the 11111tt1•r of Protest Xo. ~070, fill'd -~pril 2:J, HJO:J, hr .\k-.sr,.;. Ed. A. KPllPr & Co., against the nction of the Collector of Custom-; for tlw l'hilippin<' lslnnds, acting ns Collector of Customs for the port of )lanila, a;:; to the rnte aml amount of 1lut;v charge· nble on certain mC'rchnndisc described in Entry ~o. S:ll!l. Voucher ::\o. 13248, paid April 22, 1903. ··The claim in this case is ngninst the imposition of a 30 per cent surtax for 'buckles' upon certain cotton belts" dutinble under purng-mph 119 (c) of the Tariff Revision Law of 1901, at $0.:J:\5 per kilo. with n .~nrtax of :10 per cent for embroidery and IOO per cent for making up. ~o quC'stion of classification is invoh-ed. ··The 30 per cent for buckles wus imposed on the theory that these bucklrs were trimmings, for which n surtax is provided b~· Rull' B ( b) of the tariff. The trimmings referred to in this rull', howl'\·t'r, arc cl<"arly no other tlmn those defined in rnll' i ;· tlmt is to sa,\·. of tlw nature of textil1's. )fetal buckles not being within the pm·,·irw of rulP i, thp~- should not be made the snbjC'ct of n surtnx under Huie B ( b). '·Paragraph I of Tariff Decision Circular No. 100, in .«o for ns it is inconsistrnt with this decision, is overrulell. "Protl';:;t. Xo. 20i0, on the grounds abm·e mentioned. is sustained aucl a rdmul ordC'l'('d to thP importPr in thf' .«mn of $29.-t4, t"nitrd Stnt<'S enrrPncy. (Signed) H.B. )[cCoy, AC'ting Collector of Cnstoms for tlu• Philippine Island.«.'' H. B. ::\IcCoY. Af'fi1117 ('o/,,.f'lor of ('11.<;/0111.<; for th<' Philippine f.<tltindR. 96 O:Fl1'ICIAL GAZETTE ~o. :~;,.).-f>rierl lifchces-cfossificatio11. }L\XlJ.A, Dec<·mba ,lJ, 1903. 'J'o all C(Jl/rclors uf C'us/oms: ft is 11crehv ruled that dried litehrc'l shall bc c•las,;ified under paragraph 280, at 7ii 1•ent'l. Cnited 8tut<'-~ c·m-rcne~', per 100 kilos. IL n. McCOY, . 'lcli11y Collc>r/m· of Customs for /hr Pllilippi11c Islands. Xo. :~:i(i.-CifJ<ll"·lm.r fobds,: (/(-rision of tlw Coul'l of Customs .l1'/wafa. l\IA:\'IT,A, January 3, 1904. 'fo ull Collcclur.<: of <:1111/0111.<;: PAIUGJtAPll I. The following decision of the Court of Customs Appeals, rcndcrrd .August :n, 190:1, is hereby pnhlishrd for the information and gnid:mre of all C'Ollcerned: "ENITEll 8TATES OF AMl::IUCA,, PnlLIPl'IXE J:;J,,\XJJ~, COL:RT OF CuSTO)IS APPEALS. "Appeal in the case of Germann & Co. "[Docket No. HJ7. Appeal No. 189. Protest :-;'o. 784.] ''OECISIO~. "CllOSSHELD, Judge: "This case is before the court upon lhc appral of Gl'rmann &. Co. from the decision of the Collcctol' of Customs for the Philip· pine Jshmds, overruling appellants' protest against the le\·~­ of duties on cel'tain labels fol' iigu boxes us labC>ls pl'inlC'd wilh metal leaf instead of printed in bronze. ":.\[r. Fitch appearC>d for the Uo\"el'lllllC'Ut. am\ :\h•s:-.rs. Lyon &. Wolfson for the appellant. "_.\ftC'l· examining the samples of the lalwls in question and dnly ('onsidering ull the testimony adduced ut the tl"ial tlw court finds that thr lnbcls in cont1·0,·ersy are not printed in nwlal l<'af. hul arc printed with bl'onze powd<'r as a snhstitut<' for anti to take the plucr of metal leaf. ''The question of the munbcr of printings was not raised or 1·ol1sidcr<'d at the hearing of tlw case and tlw eonrl makes no lindings the1·ron. "The dl'dsion of thr ('ollc•ctor of C'ustoms is thcrdore modific(\ \\"ilh instructions that tlw entl'y he reliqnidated to c•onform with tlw foregoing findings. "(Signrd) _.\_ s. CllOSSFJELU. "! concur: "(Signed) ( '. S. ARELLAXO." l'.\ll. IL Th<' lalwl in thiil parti(·ulnr Nl$C' ..;\im\·s th<' actual printing don<' dming tlw lithogrnpl1ing prol·ess. i. e .. 12 printings in addition to Lhe bronzing which, for tariff pul'poses, is (•onsidcrcd .as a pril,tings. making a total of 15 printings; and lhrreforr. being mon• than 1:1 printinµ:;;. Ou· ru\C' of duty is not (·hange(I. PAn. III. This dass of \ahels will lwn•aftC>r bC' classified umlC'r thC' rt.'!speC'tive lell1•rs of purngrnph HI:!. according to their numb1•r of printings, bronze printing to he counted as 3 printings. Any protrsts pending will be decided in conformity with this decision. P.\11. IV. The abo,·c dcdsion rr\·erses that 1mulc> in Tariff Dr1·ision Circnl:n Noi'. 146 nnd li:J. Yon will h(• guided accordingly. II. B. :McCOY, .lcli11.t1 Culi<'rlor of C11stoms f01· tlu· Pllilip7Ji11c lsla11<ls. Xo. a58.-0il of myrbrrnc d11tic1b/c (IN a rl!rmicc1l }l/'Od!IC/. )[AXIi..\, ,ftll!//(fl'!J 12, /90.}. To 111/ Uolfcctors of C11.~/11m.~: l'.\HAl:llAl'll J. It is hcrrby ru\('d lhal oil of m:nhane shall be dul iuh\r ns a ehrmirnl prod1wt. 111111<>1· parngraph Hi of tlw Tariff \fr\'ision Law of 1901. l'All. JJ. l"u much of Tariff Dec·ision Circular ~o. flS ns is in eonlliPL with thi.-. dl'<'ision i-. hneby reroked. IL B. )IcCoY, :le/inf! f:ollrclor of Customs for Ilic Philippine Islands. \"o. :J;)fl.-/fr/ail ral11c not tu br lal.:rn as ba.~i.<; frw ad valorc11i mlc.~ of d11ty . ){AXILA, Janiwry 12, 1904. 'l'o all Collector.~ of Custom.~: The following is hereby published for the information nnd guid;m1·1· of all conccrnC'd: ''Jn the matte-r of Protest Xo. 2482, filed September 22, 1903. h~· )Ir. Jas. U-. ~oycs, against the decision of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rate and amount of duty chargeable on certain merchandise described in Entry No. 0 1052, \"ouch(')' Xo. 9678, paid September 19, 1903. ''This protest relates to tlH' apprnised value and classification of one pair of c•ycglasses. These eyeglasses were appruised at $.) on tl11• basis of their retail Yaluc in the principal markets of Lhc United States, and classified under purugruph 27 d of tilt' Tariff R<',·ision Law of 1901 as al'ticlcs of gold other than jcw<>lry or plate. ll is claimed that the price paid and the actual market \"alue as defined in section 117 of the Customs Ad· ministrati\·c Act, ~rns but $1, and that thC'y should ha\"e been 1·lassifiC'd under parngrnph Hi <t, which proYides for eyeglasses. ··seetion l 7i abo\"e referred to prm·ides that 'whenever impori.Pd merchandise is subject to an ad Yalorem rate of duty, ~ " Lhe duty shall be assessed upon the actual market value 01· wholesale price of such merchandise as bought and sold in u,,ual wholesale quantities " " ".' Fl'Om this it is evident that duty was erroneously assessed on the basis of the retail value. In the work of determining values• the appraising officers arc limited to the wholesale price of articles as purchased in usual wholesale quantities. The eyeglasses should !~ave been appruised al $1, us elaimed. "t:pon in\"cstigation it appears that the frames of the eyeg\a,;ses in question were gold filled aml not gold, and that the ll'n,;es were the component matel'ial of chief vo.lue. They should th1•rrfor<' ha,·c been classified under parngruph 16a, us claimed. "ProtC'st )\o. 2482 is thc!'eforc sustained as to both claims, and a refnnd i;; ordered in the sum of $0.70. (Signed) H.B. :McCoy, .-\ding Collretor of Customs for the Philippine Islands." H. B. McCoy, .\cli1111 Colleclol" of Custom.~ for /he Philil'/Jilic Islands. l'l'STO~IS AmllXISTKATl\'E CIUCIJLAllS, Xo. 214.-J>/"011111l9atiny 1"11lcs 1t1Hl 1·1:y11lalio11s for /he yoff1'1111w11/ u{ a pilots' as.~ocialion aml J>ilots (ft tllc po1"t of .l/rrnifo, r111rl fi.ri1111 /hr r11/c of pi/o/8' {ecs u11d r:lwrycs. )IANILA, Ja11uary 4, l!JO.~. l'.\l!Ala!Al'll I. By authority of ~ection ;J!):J of A1·t ~o. :!:);; of tlw l'hilippi1w Commission, and \\·ith the nppro\';\l of the Sccrc· ln1',\' of FimmcC' and .rustic<', the following rnlcs and 1·rguhltions for thC' g'O\'l'l'lllllcnt of a pilot-;' association uml pilots, and fixing thl' frps to b1• chnrgcd by pilots at th(' port of :\lanil11, nrc hereh~· promulgated to take effect Jnnrnu;.· 2, UJ04. l'.\R. 11. Therr shall be orgnniwd at thl' port of )fonila. within \hr Philippinr Islands. ~i pilots' assoC'iution, which n,:sociation -.hall ht• knmn1 hy thC' nanw of tlw ·•)faniln Pilots' Associntion." 'l'hl' association shall consi»t of ten pilot;;. one of whom shall bC' d("•iµ:natC'd as chirf pilot. to pro1wrly ]l('l'fonn. in thr opinion of ihe 1nsnlar Collector of Customs. tlw 1htli(•;:; of thC' port. Tlw unmhrr of pilob: 1m1~· from timr to 1 inw h" i11r\'('i\s1•d or tl1•(•rra;;f'(] OFFICIAL GAZETTE H7 l1v tlll' l11-<11lar·('olll'ctor of (;u,;tom.'i wlwn in his judgmt•nt such ;1~lion is m•c(•-. ... ary for tlw propt•r pnfonna1w1• of the pilots' duti<'s at s:1id port. l'AH. J 11. A hoard of 1•xaminl'rs sholll hl• appoint<'d by the Imm· lar Collector of Customs. and said hmnd .'<hall rxaminc all appli('anL<; for tlw position of pilot and shall gin_. to each applicant a fnll and impartial rating which shall be <·CJ"tifiC'd upon 1•iwh (•xnmination pap1•r aud tra11-;mittrrl to llw Insular Collrctor of ('ustoms, PAlt. n·. Tlw hoard of t•xaminc>·l'.'i Jll'O\"idcd for in the preceding p:iragrnph shall e011.<:bt of two pilots who arc nwmbt>l"s of the pilots' association at pn•,.C'nt 1•xisting, the Insular Sm·n•,n1r of Customs. an•l two ;;hip's eo1ptains who arc acquainted with tlw watl'r'> and tlu• ricinit,\· wlwn·in tlw applicant for C'Xi~mination is dcstinrcl to oprrat<'. and who ar1• nmstrr;; of ,.l'S'-'l'b of morr than 80 tou;; bunll'n. PAil. \'. ~o 1wrson shall lw admitt1•d to c•xrunination for tlw position of pilot who i.'< not C'itherf u) A eitizcn of the L1nit!'d 8tat<-;;; (11) A nati,·c inhabitant of thr Philippin<' Islancls who ha.-; tak<'n tlw oath of allrgi1rnC1• to tlu• l·nit1•d ,8tatrs: (c) Or who hus--n~· .a.cqnil'ecl. thr political rights of natiH inhabitants of the Islands uml<'r the treaty of P<nis and takrn th<' oalh of alh·giancc to the l·nitcd Stat<'s; ( rl) Who is under 2J or O\'Cl' 50 years of ag<'; (c) Who is not in solmcl physical condition or whose senses arc imperfect. PAR. VI. Persons drsiring to take tlw pilots' examination shall Iii<' with tlw Insular Collector of Customs a writt<>n application, accompanied by tlw certificate of a competent ph:.·si<"ian showing their 1,wneral physical condition, particulnrl:.· as to 1•ycsight, color perce1ition, :rnd lwnring, and that they 111·e not physicall:.· dis· qualifird to prrform the duties of a pilot. l'Ait. Vil. Examinations shall be practic11l. and shall the following subjects: ((I) The working of both steam and sailing \'essels. (b) Locnl lmrbor regulations, nmrine lights and signals. (c) Local hunks, tidl's, buoys, curr<>nts, nnchorag<>s, nml g1•11eral harbor conditions. (d) W!'ather, wind,:;, and thr mooring of n'<;sels unclrr all conditions. (<') General 1•xperience and pnpc>rs and liccnsl'S held h~· nppli· cnnt. Hating;; by thr hmud shall he mad<' upon the scnle of JOO. ancl th'· "ulijPcts spN•iti('(l ahO\'(' Yalm>d as follm\·s: lu) 1;; (Ii) (•·) .. (r/) J;"i '''),, '" i'A!t. \'Ill. An:.· applicant \\ho. upon l'X<llHinntiou. fails to st•cun· a hight•r mting than 70 shall be> consid,·rr1I to hn\'l' foikcl. and slrnll not he e>ligible for appointnwut. P.\11. IX. A newly nppoinle>tl pilot slmll lw ;tssign<'d to duty with 1m cxpericn<>ed pilot of not h•ss than one ~'l'1n's ,;en·ice for a period of two months bcforr hi' sh1~1l be 1wrmitted to Pxcrcisl' fully the dutirs of n pilot. Ifr shall, during the timC' specifiecl. accompany the pilot tn whom hr hns been n.;;signrd upon all of his tours of duty so for as prnctil'able, and :-lmll makr a ciu·!'ful study of t)J(' duties )l('l'taining to hi.<: office. If. at the cxpirntion of the> period dC'signatl'd, hr is l't•rtilied h~· the pilot to whom hc h11s bt•en assignrd l\:<i being (j\lalilic>d to nssnnw the dutic.'i of tl pilot, and such t't'l·tifictttc is approHd h:.· the <"hirf pilot, lw shall hr r<'quil'l'cl thereaftf'r to p('rform th<> dutil's of a pilot until l'f'lic•\'P!\ hy the lns11lur C'olkdor of C11 ... tom'< or otlwr ('om1wff'nt ;rnlhority. If. at tlw expiration of llll' h1n month,; "IH'('i1i1•1\ alm\'I'. lw ."halt not hr consiclcrc~ Uy t\J(' pilot to whom. lw ha-. \.Jt't'l\ 11 .... ,..11!111•,[ a." co1111H'tent to prop1Tl:.· perform the tlntw" of a 1nlot. hi-. appnintnwnt .~hall he canc<>\('(l. or Ill' .~hah he• g-in·n an ad1li· tional t\\o month,; in which to 1pmlify. in thr dis(•rt•tion of tlw l11suh1r ('oll(•<·tor of ('ustom.~. If, at tlw 1•xpiratio11 of the cxtl•n· sion of thr timr gin•n him, he is still consiclt•rc>cl hy the pilot to. whom hr \l'ns a.-.si/,!JWd and tlw ehit•f pilot a-. incompetent to Jl"dorm the duties l'<'l)Uin•cl of him. his appointment .<;]mil be eanc1·lt'<I hy thr Insular Collcctor of Customs .. P.\11. X. From thr dnte of tlw appointment of a pilot until tlw dntr oi thr ccrtilicatP of his compctc>nc,\". prm·idrtl for in Pam· graph IX, h<' shall l'l'Cl'in• 01w·half as mnch compensation as the 1'1';.!lllarl.r qunlifi1•d and appointrtl pilots of thC' association; 11ntl from tlw date of thc said certificolt<' of competency lw shnll l'<'CC'iYC' tlw sam1• comp1•u.~01tion as all otlwr qualified pilots. l'.\11. XI. A pilot who has heen regularly appointed in accord· ;11w1• with tlw 1iro1·isions of the alm\'C' Sl'Ction. nnd who has aect•pti:>tl Hll'h appointnwnt, shall not Ur allow<>d to quit the Sl'rvic1• except upon thirt:.· tlays' \nitt1•n notice>, lilt•d with thr Tnsular Collector ol ('11,,tnms untlt•r whoM• juri.;;diction hr i,;, whi<'l1 notice shall dt•darC' his intention to lcaxc thr pilots' senice 11t tlw expiration of '<ai1l time unlc>ss the Insuhtr Collector of Customs shall accept his 1·t'sig-nntio11 before thl' expinition of thr thirty dn:.·:;;; abon• mN1tio1wd. PAil. XII. A pilot shall at all times when on duty carrJ' with him his official certificate of appointment. PAR. XIJ I. Xo pilot shall absent himself from duty without per· rnissio11 iu writing of thl' chief pilot; and if the absence is to he for n longer 1wriocl thnn thrt'r days, such permission slmll not be w··rnlcd without thr JffC'Yious appro\'al of the Insular Collector of <:u<>toms. PAR. XIV. Bt>fore boarding any vessel the pilot shall ascertain 1dlt'ther or not such \'l'SSl'I hns touched at any port at which a con· lng-ious disease j,, prc>vnlrnt. lf the vessel has touched at an infl'('frcl port. thr pilot i-hall, if possible, take it to its proprr ;nwhonigc without going aboard. J f it is not possilJ!c for the pilot to ~nH'hor suc>h Ws'<r] without going aUonnl, he shall board the> \'t•s<wl and remain aboard until the vessel is discharged from qunr· antine, or he is permittC>d to land Uy the chief quarantine oflicer of the porl. Jn thl• latter eYent the master of the Yesscl shall pay, in addition to the regular pilot's fe<>, and in the same manner pro· dded for the payment of the rcgular pilotage fees. such a sum per (liem as mny Uc hereafte>r pl'O\'idC>d for in these regulations. PAii. XV, ?llemUcrs of the Pilots' Association shall, undf'r the immrdiatc <lirC'ction of their chief pilot, perform such duties rein· ti\'e to shipping as may from time to time be prescribed br thr Insular Collector of Customs. PAR. XVI. All pilots shall report any illegal nets or unusual occmrences affecting the Customs Sen·ice or shipping oUserYcd by tll('m while in the performance of their duties. and slmll, if re· quested, in cases of emergency assist any l'nstoms officer in the perfornmncc of his dutie,,. P.\R. XVH. Every pilot shall be provided with nnd carry blank form.~. in tlupli<'.ltt', 111m1hN<>d <·onsrcutil·<'ly, honml in hook.'\ of JOO forms each, to be U.'ied as st!ltements of fcC's clue the association nn<l. i·eccipts for the payment of the snme. These forms shnll hr mad<' out ·and signrd b_y thC> pilot;;, who slmll delivrr the originals to thC' ma:;;;ters of \·rsse].<; from whom fees arc due', and rl'tain t)w duplicntcs in thr hook Hf: rccordr; of the association. CHIEF PILOT. PAR. X)'lll. Tl\(' Insular Co!IC'ctor of Customs slmli d(',:;ignatc a chief pilot, nnd j.<; limitl'd in the Sl'l!'ction of the chief pilot to tlw more competC'nt of the two S('nior pilots. PAR. XIX. In the case of n tcmpornry absence of the chief pilot the sc>nior pilot present shnll act in his pince and stead. Should, hmYrvt•r. thr nbsrncr of thr <'hil'f pilot hr for a. longer p('riod thnn OFFICIAL GAZETTE one month, the Jusular Colkctor of Customs .'!hall appoint an act· ing chief pilot in the same manner as is provided for the appointment of the chief pilot, and the acting chief pilot so appointed shall be clothed with all the duties and powers of the chief pilot. PAK. XX. The chief pilot shall hin·c general charge and control of the pilot service, subject to the provisions of these regulations and subject, further, to such by-Jaws and regulations of the Pilots' Association us may be legally enforced, and to such further regulations 11s may be promulgated from time to time by the Insular Collector of Customs. PAR. XXL The chief pilot shall keep n duty roster and see that every pilot of the association performs his full share of duty m; a pilot, as well as all other duties devolving upon members of the Pilots' Association. The chief pilot shall be exempt, except in cases of emergency, from ordinary pilot duty. RECORDS. PAR. XXll. The chief pilot shall ca.use the following records to be accurately kept, and these l'Ccords shall at all times be open for inspection by any member of the Pilots' Association and the Insular Collector of Customs or his duly authorized reprcsrntntin>. (a) A record of pilots, in which shall be entel'ed the name of each pilot, together with the date of his appointment, age at date of appointment, place of birth, class of persons mentioned in paragraph 5 of this circular to which he belongs, statement of his sea sen•ice prior to date of appointment as pilot, notations of espe· cially meritorious services rendered and commendations received therefor, notations of complaints made against him, with l·esult of inve>stigation of such complaints, 1111•morn1Hla of all vessels stranded or damaged while in his charge, together with circumstances connected with· each case, showing amount of damages paid, if any, by whom, to whom, and from what fund p1tid, and any othrr info1·mntion that may sc<•m prnper to the chirf pilot or the Insular Collector of Customs. All the above notations shall be signed by the chief pilot and visl!ed by the Insular Collector of Customs. ( b) Complete financial l'ecords of the association showing nil re9eipts, from every source whatever, and the disposition of the same; amount of cash and property on hand at the end of l'nch month and by whom held; the amount of indebtedness of the :tssociation, if any, and to whom due. Jn tlll'><l' records ><lmll also be entered each single pilotage or otlwr fre J'eeeived or collected by or for the association. (c) Such records of obstructions, tides, changes of channrl, drt>dging, and othrr matters as may be prcf<crihrd from timr to time b:i,• the Insular Collector of Customs. RESl'ONSllllLITY AXD CLAI'.\IS FOR !J,UIAGE. PAn. XXIII. A pilot is responsible for the direction of a "essel from the time he assumes control therl'Of until he leaves the vessel anchored free from shoal; provided, that his responsibility shall cease at the moment the master nC'glecb; or rl'fusefi to carry out hifi instructions. PAR. XXIV. The Manila Pilots' Association shall not he li:1bl1• for damage to any Yrssel while und(•r the charge of n memhrr of such ;1,;soc·intion for ~i gn•atrr an1011ut than }1'4,000. l'hilippi1H'-. currency. PAR. XXV . .Adjusted claims for damagrs aµ:ainst pilots. within the limits pl'escribcd in the preceding parngrnph ><hall.' if a snffi<·ient amount hns bren accumulated therein, be pnid from the resrrw fund of thr Pilots' Assoriation of wl1ich said pilot is a nwmber. if it shnll he found that (lnmagrs h~n·c ac<'ruecl through the nrglect or fault of thr pilot. PAR. XXVI. Claims against pilots fol' dnmages sh~ll b1• adjusted b:i,· a hoard of arbitrntion, which shall consist of liner mrmbers. onr lll<'lllhe>r of the hoard to br de;;ignuted by th<' Pilots' .As;;oci11tion, one by the elaimnnt for dnrnagrs. and the third lll<'lllhrr to hr drsignntcd by the Insulnr Collector of Customs. The pNson>< f<O srlrctr1l shall havr a sulli<'i<'nt knowl<'dgr of shipping to pass intelligently upon the claim presented. and to fix the damages if any shall be found to have accrued; and upon written complaint by any member of the Pilots' Association or by the claimant fol' damages, or bis representative. that an:y member api)ointed to the board of arbitration has not such knowledge of shipping, said complaint shall be thoroughly inYestigated by the Insular Collector of Customs and the eligibility of the pen;ou complained of shall be subject to the decision of the Jnsular Collector of Customs. PAR. XXVII. The board of arbitl'ution shall meet at such timrs and placrs as may be designated by the Insular Collector of Customs, and a complete reco!'d of its proceedings, including its findings duly certified, shall be kept in writing and placed on file with lhe Insular Collector of Customs. PAR. XXVIII. :Members of the board of arbitration. appointed ns provided in the preceding paragraph, shall be entitled to compemmtion at the 1·ate of P6, Philippines currency, for each day of six hours they shall actually seJTe, prm•ided that adilitional compensation shall not be paid them for more than six hours' service in any one any. PAil. XXIX. In case damages are awarded to a clainmnt by the board of arbitration tlie amount du<' the member,,; of such board shall be the fil'st item paid by the association from its resen·e fund, Hiter which payment the amount remaining in the resene fund shall be an1ilable, within the prescribed limits, for the payment of the actual damages awardecl. In case there is not a, sullicicnt amonnt of money on hand in the pilots' reser\'e fund for the immediate payment of any damages awarded by a duly appointed bmud of arbitrntion, the amount remaining unpaid at the time of SC'ttlement shall be a lien upon subsequent payments mad!' into the resen•e fund until the entire nmount of damages awarded wilhin the limitations prodded by the circulnr, b~· the board of arbitrntion, has he<'n paid. P,\J~. XXX. If it is found by a board of arbitration that 110 damages luffe accrued to a claimant, or that the pilot against whom thr claim wa,; mad<' was not responsible for any damages rrcriYed by the elnimnnt, the amount due the members of the bonnl a;; C'Ollljll'll><11tion for thrir s<'l'\'i(•es shnll br paid by the (•laimant. P,rn. XXXI. Cluims for damagrs. nC'companied by an appro\'ed bond or a cash deposit in snch an nmount as shall be fixed by the Insular Collector of Customs to secure the payment of the costs of the nrbitrution. shall be tilNl with the Insular Collector of Customs. The Insular Collector of Customs shall thereupon cause such <·laim to be brought brfore the hoard of arhitrntion at th<' earliest possible moment. RETIREMENTS. PAii. XXXII. Ko pilot, ('Xcepl the chirf pilot. shall be continued in the servi<'e nftN· he rendws the ag<'' of 64 yC!ars. The chief pilot, who shall he relil'\·ed of th<' possible emergenc:i,· duty of hoarding Yessrls nt the ng1• of 64 yrars, may be continued in the s(•nicc on shorr duty until he l'eaches the age of 66 yrnrs. in thr discretion of the Insular CollPctor of Customs. PAn. XXXIII. '\'henc\•er, in the judgmrnt of the ln:;ular Col· led.or of Customs. a pilot becomes disabled for the performnnec of his duties ns such, by reason of defectiw eye;;ight or other phvsical disqualifications or bv improper habits. the lmmlar Collr;tor of Customs shall r~fer. the case to th<'" rxamining board prnvided for in paragraph 3 of thC'se regulations. The examining hoard slrnll therl'upon im·C'stigal<' the rase ;;uhmitted to them nnd !'('port in writing their findings to thr Insular Col!C'etor of Cu,;tom><. who :;hall reviC'w the sam<'. nnd if the finding,; of the bonrd show that the pilot is (lisqualificd from performing his duties from any e>nuse wlmtever. and ar<' npprO\·ed by the Insular Collr('tor of Cu<;toms acting thereon, lhr pilot eonrC'rnrll shall hr immrdiatrl,Y «rpnrntC'd from the ;;en·i<'r. OFFICIAL GAZETTE 99 FEES AND DISPOSITION OF FUNDS. P.\R. XXXIV. All pilotagc f1•cs, of whatever nature, shall be paid to the Pilot..' _.\ssoci111.io11 IJl'fore clearance of the vessel to which scrvicl's \H'l'C n·1Hlercd is grnnt.1•(!. llut before payment the amount due shall bC' vcl'ificd and appro\•ed by the harbonnaster, who shall sec that the amount collected is in accordancl' with the schedule of fees pl'ovidcd for in these n•gulations. PAii. XXXV. A member of the J>ilots' Association, to be known U-'> treasurer und selected by the chief pilot, with the approval of the Insular Collector of Customs, shall h<' the custodian of all pilotugc icf's collected, and shall enter, or cause to be entered, each amount rccciYcd by him in a record book, and hold all money so received to the credit of and subject to disposition by the Pilots' Association. PAR. XXXVJ. Ko funds bc>longing to the Pilots' Association shull be withdrawn or used in any manner except upon the voucher of the chief pilot, countersigned by the harbormaster. Vouchers above rl'fcrred to shall be made in duplicate. PAR. XXXVII. On or before the 15th of each month the chief pilot shall submit to the Insular Collector of Customs an accurate> statement of the rc>CC'ipts and disbursements of the association for the precedinA' month, which statement shall be verified by the harborma<;ler. This statement shall be accompanied by the bills for tlw current expenses of the association durinjl' the same month, and the corresponding duplicate \•ouchers authorizing payment, also a statem<>nt approving payment of said bills, which Youchers shall be> signed b)' a majority of the pilots of the association in the following form: "We, members of the Manila Pilots' Association, hereby approve the payment of ................ bills, amounting to 'P ........................ for the current.expenses of the l\fo.nila Pilots' Association during the month of (Signed) J>AR. XXXVllI. If an~· member of the association shall disapprove the payment of any bills presented he shall state his objections thereto in writing. ;l>AR. XXXIX. After the current expenses of the Pilots' Association have been paid IO per cent of the net amount from the receipts of the month shall be carried to the pilots' l"esene-fund :i.ccount, provided such reserve fund does not amount to PS,000, and the remainder divided equally between the members of the association. PAR. XL. If a payment shall be made from the reserve fund of the association on account of damages caused to any vessel by a member of said association, and the said member shall have been found to be nt fault by the board of arbitration provided for in parngrnph 26, the member of the association on whose account such payn\('nt shall b(' made shall reimburse the association in the amount so paid on his behalf as soon as practicable after the p~ty­ Ol('nt has been made, and to this end 25 per cent of his sharp of the C'llrnings of the association shall hl' retained by the association each month until the full amount of such payment shall have hcf'n returned to the association. The amount so retained b,,. ti\(' a<.;socintion shall he dC'posit('(l to the credit of the pilots' rcsene fund. l,AR. XL1. The IO pC'I' C<'nt of the slwn• of thC' otl]('l' pilots of thC' association paid in h:.· tlH"m nncl hC'ld to mnk<' good a rP.<;en·e fund diminishecl on account of claim" pairl by tlw association from tlH" rt•>wn·<" fund for adjnstt•d dimrngl's cirn:<C'd by any mC"mbC'r of th<' a:<<;ociation, shall be r<'fnnded to them as soon ns thC' mf'mbN on whose account the dnmag<'s WC'rc paid has made good the full amount of the sum so paid. or ns soon thncnfter as tliC' rC"st•rn fund shall be rompletc. in addition to thC" amount rehu·n('(l h,v Lllc> pilot for whom payn\('nt was made. PAii. Xl..11. Upon the retirC"ment of an:.' nwmb1•r in good slnnrl· inµ: from the nssociation. or as soon till'l"f'aft('J' ns t11C' rcscrv(' furn! "hall hl' l'mnpl('tP, h<' shall hC" paid thl' amount h"' Im:< contrihntl'd to thP rC'<;Hn' fund of tlw as'loC'irllion. prm•idC'd tlrnt hl' <;hall not n•c('i\"C' any amount paicl by him into that fund for the purpose of making good auy danrng<'s paid b:.· the association on account of <l:mrngl'S :nrnnled agaiust himself. SPECIAL KEGULATIO~S. I. \·,.,,,..,.],, t1»iug a pilot at night-that is, hetwel'n the hours of "llll»l't aml sunris<"-shall pay double the amount of pilotagc dues applic.d.1](' to such n~ssels undc•r the »Ciwdules prodded for herein nll(l i:.pccial regulations. 2. \\'hcne\·er a pilot is kept on board u \·cssel, through quam11ti1w or other cuu»rs beyond hi» control, ht• shall be entitled to receive pay therefor at the mte of PlO, Philippines currency, per day of twenty-four liours. All time over six hours shall be counted as one day. :t Tugs, lighters, lorehas, launches, or other vessels c•ngugC'd soh•l.v in harhor or rin,r work slrnll be exempt from the pa~·nlC'nt uf pilotngc dues and mool'ing frcs. SClIJ::llt.:U: OF PILOTAGE J.'EES. PAii. XLllJ. For mooring in the Pasig Rin~l': Vf'ssels over 30 tons to :'ill tons, inclusive, P!l.20 on enfrnnce, but pilotage on departure is not compulsory. Vf's»1+> of the above class which voluntarily ask for the services of ;t pilot on departure shall pay the fee of 'f'5.20 prescribed for entrance. \·esscls under 30 tons which voluntal'ily ask for the services of a pilol »irnll pa)· the fpc above provided. \'C'ssels of over 50 tons' register per foot draft, Pl.30. Changing anchorage> for all vessels subject to pilotagc, for per foot draft, 60 cents, Philippines currency. Pilotagc is not compulsory in Manila Bay, but if a \·ess<'I requests the services of a pilot in the bay such vessel shall be subject to the same fees as prescribed above for the Pasig River. PAR. XLI\r. A vessel requiring a pilot to enable it to enter Manila Bay, can communicate to the signal station at Corregidor, for the purpose of giving chw notice. Such vessel shall pay double the fC'cs prescribed aboH. and. in addition thereto, the cost of the boat used for com·f'ying a pilot from Manila to the vessel. PAii. XLV. Tll<" anchornge in the Pasig River begins from the lower side of the Bridge of Spain and extends to the mouth of the ><aid ri\·cr. PAn. XI,VI. Vessels of over 50 tons register which leave the Pa><ig Hi\·C'r and go to Cavite, Cailacao. or the Manila breakwater shall pay the prei::C'ribcd pilotage fees for the services rendered. GENERAL PllOVJSlONS. PAit. XI.VII. Vessrls belonging to the United States Government or to the Insular Government shall be exempt from the (•ompulsol'y pilotage pl'ovisions of these regulations, but in nil r·asC's wlwre a pilot is asked for and taken by such vessels they shall pny the pilotage and mooring fees prC'scribed for m<'rchant \'("<><Pis for similar cntrnnces. C'learanres. and mooring-. P,\11. XI.VIII. All boats and suppli<'s neccssar:.• for the propN Pquipm<'nl of the Pilots' Association shall be paid for from the fnnds of thf! as><ociation. P,\11. XLIX. All purC'hasC's for tl1e asso<'iation slrnll bf' made bv t In• chic-f pilot therMf. and if the value of any proposed purchas.e c•xe1·Nl>< P200. Philippines cmrency. it shall not be nrndC' l'Xc<'pt 11pon thC' approval of the Insular Collector of Customs through thC' Harborrnaster. PAI!. I,. The pilot boats of the association shall, at the expense of the association. be provided with the nE"cessary crews to prompt!)' transport pilots in the performanC'e of thcfr duties. PAii. LI. OnP pilot boat in addition to the number ordinarily u<;ed shall b<' k<'pt b)· the assol'intion for th(' purpose of relie\'in; an,v boat that may be undergooin~ l'rpairs. PAn. LIL All pilot bout;; shall be pnintl'd whit<' to the watl'r li111·. al\!\ ~rccn hdow tlH• wnt<'r liiw. with tlw lt>ftn "P" in hlnek. not. less than 5 in<'hl's in length. on both bow>'. 100 O:FFICIAL GAZETTE PAn. Liii. Dming tht! day pilot boats in use 1ohall carry at the stl'rn a bhw flag, 2 fret wide and a feet long, having thereon the whit!• lc>ttcr "l'" 5 inches in length. PA1t. L!Y. Xo person, except as othcrwi,;1• pro\·idctl in these i-cgulutions, who is not duly appointed to the position of pilot shall acl as pilot to any vessel. PAii. IX. If. for any reason, a pilot docs not report alongside upon Liii' anirnl of any \'(',<;sci al Uw cntrnnc<' to the Pasig Hiver. ~uch ns-;l'i shall anchor and keep displayed the prescribed pilot's si:.,rnal until a pilot shall be obtained. PAI!. l..YI. .\ pilot station shall be nmintaincd at n point to be designat<>cl hy the Insular Collector of Customs, and a sufficient m1mhrr of pilots shall be maintained at SU<'h station at all times, both day and night. to perform the nec·essary duties at the port of ~laniln. P.\11. LYJJ .. An olli('('. !o('aled undr>r the> direction of the Insular Collector of Customs, shall be rnnintainccl b~, and at the expense of the Pilob' Association for tlw use nf t lw chiC'f pilot and other nwmbers of the association; and in lhi>< olliC"c' .;hull l)(' kept the records of the association; and all the pilob not l'Xe11,.,1•cl from dutv or absent on official duty elsP\\·lwre sh.Ill r1·11inin al this offi~e from /.:lO u. m. until 5::10 p. 111. each day, and at such other times as the chief pilot or the Insular Colll'dor of Customs may dirC'ct. PAil. LVIII. Unll'ss pliysicnll~· disqualified a pilot shall not bC' ubs<>nt from his regular duties without first obtnining tlw permission of the c·hief pilot. and if any uwmber of the association shnll be absent from his regular duties. eitlwr on l('ll\'e grnnt('d hy the chief pilot or without lt•a\·c·, ...i1ch pilot shall not 1·ccei\"C any compeni;ation for the time he may be absent. PAR. LIX. A nwmlwr of the Pilots' Association wl10 may become physically disablC>d b~· injuriP:-. rt>ceivecl or (\i;;c;1se contracted in the line of duh shall 1"reciv1' one-half of tlw monthly share of earnings allowed to an acth·c lll<'mbcr for n period of two months. and one-fifth of such sh;1re after two months, provided the total period of disability dm•s not rxceed tweh-e months. A vessel of whul1•\·pr tonnage om·e anchor<'d and ma.de fast in the Pa:-.ig Ri\"er can uol shift its berth without prC'\"iOusly obtaining fornml permission of the> H11rbormaster. P.\I!. LX. The Pilots' Association is he>rC>b~' authorized and empowl'rcd to adopt by a two-thirds \"ote of all nwmben; of the usso!:'iution SUC'h by-laws and regulations for the go\"ernmcnt of the association, not in violation of an.v of the pro\·isions of thes1• regulations. as lllfl~' be deC'med llCCPSSlll)'; 111\d the b_v-lawS and regulations so adopted, when upprowd by tlw lusulnr Colleetor of Customs, slrnll be binding upon ull mPmlwrs of the association. P,\11, LXI. \\'hen bad or threntening \\"<'atlwr i,., an1101\lll'l'd all wsscls anchored in the Pit,;ig Ilh'er OI' )lanila lfoy >ihall keep a constant watch on hoard, con,;isting of a ,,,11JlieiC'nt mtmlwr of the olliel'rs and members of the crew, to strC'ngtlwn t lw fastening>; of the lines of the vessC'ls. us may be deC'ml'<l pro1wr h~· tlie masters. or when directt>cl by the Insular CollC'ctor of Custo1m; through the Hnrbonnaster. Eaeh member of the Pilots' .·\sso1-ialion shnll 1·cdo11ble his watchfuhws,; on such occasions in ortll'l' to mak<' >olll'C that every \·essc\ l~·ing at <lllchor in the rh·e1· or bay b securrly fastened. PAii. LXII. Tlw on!Ns and c·omurnnds of a pilot in cha\'g(' of auy v1•,;scl in the ri\'l'r shall bP promptly obeyed by the offi1°<'1' in t•hnrg-1• of any other \'CS'o\<'I that thl' pilot rno1y consid1·r as b<>ing in any mannN an inq)('dilll('llt to lhP saft• handling of the \"c•ssel omlt•1· his (•ontrol. P,\n. LXIII. Tiii' fo\Jm\"ing signals from n;;sc\s shall be recol!11iz1·1l hy pilots al all ti11ws: Any 01w of t\H' following: L To nsk for a pilot b~· day: I<!) TlH· pilot flag. (b) The "iµ:nnl P. T. of the lnl('J'mltional ('rnlt•. :!. Tn ;1~k for a pilot hy 11iglit: (a) .\ B<>ng:1l light en'ry fifle('ll minutes, or a white and brilliant light which sparkles, shown at short inter\'als nbO\'e the gunwale. :J. To ask for aid by day, any of the following: (a) A gunshot ouce a minute. (h) The signnl N. C. of the International Code. (c) The distant signal, which consists of a Rag with a ball on top 01· below; if there pxists no ball, something which resembles one. 4. To ask for aid by night, nny of the following: (a) A gunshot once a minutr. ( b) A flame of fire exhibited from the \'essel, pro· ducctl by some combustible material, such as pitch, petroleum, etc. (c) Rockets of any color or class, fired off each time with an inlenal of fi\'e minutes. (d) Bengal lights exhibited each time with an interval of fi\'e minutes. PAlt. LXIV. While on duty pilots am! the men comprising the pilot-boat errw shall wear the respective uniforms prescribed by the by-laws of the> Pilots' Association. PAI!. LXV. All foreign and coastwise \'CSscls, rxccpt such vessC'ls as are <>xempt tlwrcfrom by these regulations, shall be required to take a pilot on entering and leaving the P11sig Rh·er or changing anchorage in said ri\'cr; :md any \'Cssel entering, C'lenring, or 1·hanging :mchornge without a pilot shall be liable for the fees prescribed in such case:; by these regulations in the same manner us though regular application for pilot had been made. PAR. LXVI. The Hongkong and Shanghai Bnnking Corporation i:i de5ignatc<l the ollicial d1•pository for the rescn·e fund of the :\fanila. Pilots' Association. and any disbursements of such fund shall be by indfridu11l check drawn in favor of the person entitled to recei\"C same .• .\II checks slu1ll be signed by the chief pilot. PA!t. LXVJL Pilots are obliged to proceed without delay to offer thf'ir ser\'ices to \"CSsels tlmt may require them, as soon as they apply for same on arrival at anchorage in Manila Il'IY; and to giw orders at once to enter the ri\'l'I" if the vessel is in condition; or to name the draft am! hour at whieh the entranc(' <·an be effecll'cl. PAR. LXVJll. Iu case of any accid<>nt or damage occurring to a \'esscl in {'Olltrol of a pilot the latter shall as soon as practicable report in writing. to the chief pilot, the full particulars of such accident, and the causes responsible for same. PAR. LXIX. ~o member or membC'l'S of the Manila Pilots' Association shall be interested financially or otherwise, either dhectly or imlil'<'C't)y. in the owne;:ship or operntion of any boats or craft <>ngagra in thC> bnsilwss of supplying walC'1· to vessels arrh·ing at the port of Manila. PAI!. LXX. )fosters of \'C',.,SC'ls requiring the services of a pilot C•lll mmpC'l the Inlier lo seenre or an<'hor their Yl'SSf'ls to their C'Utirc sntisfaction. Any <ll'reliction of duty on the pal't of a pilot shoulil \){' immedialcl~· n•portrcl h~· the master of the vcs:;el on which such failurr to p('l'fonn duty 01·cuned to the Insular Collector of C11stoms. PAii, LXXJ. On leaving lhl' Pa:;ig Rin•r pilots shall takP n•"· scls to cll.'ar water in Manila Bay. P.\lt. LXXIL All frrs and charges pro\'ided for by these l'cgui<ltions are stated in the currency of tl\(' Philippine Islands and shall be collected in that cunen<'y or its equivalent. P.\ll. LXXIII. Philippine customs offi<'inls shall gi\"C (Jue pnh· ]i('ity to tl1r terms of this circular. H. B. McCOY. .lctiny Collector of Gus/oms for the Phili/'pi11c Jsla1Hfa. .\pprowd: lh;:;:11y f'. l1n;, :Scr.:rc/(lr,11 vf Fi1w11r.:c 011d Justice. Xo. 2i5.-Clusi11y the ports of °X<1ya. Osfob, a11d Dala91wtc, lslriml of Cebu. and .fay1w, lshoid of Jlolwl. lo f1rt" corrnlir·i.~t" tra1/r. :\l..\:>:IL.\. Ja11tlary 5, 190.~. By n11thorit~· of th1• "\cting Civil Go\'el'llor of the Philippin<' lsla1uls. th<' 1wrts of Xaga. o~lob. a11tl D1ilagnete. hlaml of (\>hn. OFFICIAL GAZETTE 101 and Jagna, Island of Bohol, are hereby closed to the coastwise trade. H.B. McCoy, A.cting Collector of Customs for the Philippine Islands. No. 276.-0hanging name of port of JAgatic, Island of Panay, to New Washington. MANILA, January 6, 1904. PARAGll.APII I. In accordance with section 1, subsectio11 15, of Act No. 720 of the Philippine Commission, the port of Ligatic, Island of Panay, declared open to the coastwise trade by Customs Administrative Circular :No. 39, shall be known and referred to as the port of New Washington. . PAR. II. Philippine customs officers shall carefully observe this designation in all official communications, and shall give due publicity to the terms of this circular. H. B. McCoy, Acting Collecto1· of Customs for the PIUlippine Isl1111ds. No. 211.-License fees; barkentine Alta; right to certificate of protection under section 111 of Act 855. MANILA, Ja;nuary 9, 1904. To all Collectors of Customs: The following is hereby published for the information and guide.nee of all concerned: "In the matter of Protest No. 1860, filed February 14, 1903, by D. H. '\Yard, against the action of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, in assessing and collecting certain license fees against the barkentine Alta, paid on voucher No. 4924, February 12, 1903. "The claim in this case is against the collection of a coastwise license fee from the burkcntinc A.lta. The owner of the Alta, an American citizen, filed an application to secure a certificate of pr"oteclion for his vess.el, but stated that he did not d~sire or intend to embark in the coastwise trade and did not desire a. coast· wise license. Issue of a certificate of protection was refused unless and until a. coastwise license should be taken out, on the ground that crrtificates of protection arc for merely local use and being of no avail to establish any special rights or privileges in any other porb than those of these Islands, their issue is an idle act and without woirrant in law. The owner thereupon took out a coastwisc license under protest, paying $1,289.38, United States currency. "It is against the papnent of $1,28!).:JS as license fees that this protest is dirrcted, and the qnrsLion is thus raised whether a vessel which fulfills the J"l'(jUirl'ments of section 117 of the Custom.<; Administrati\"e Act is r<'quirc>d in order to procure the certificate of prolt•ction pro\'idcd for in that act, to also apply for nnd obtain a licrnse to engage in the coastwisc trade of the Philippine Ishrnd;;, and to pay the liec>nsc fees provided by law therefor. "8cction 117 reads as follows: "'Colkctors of customs may issue a certificate of protection entitling thl' vessel to which it is issued to thC' protection and flag of the Unitc>d Stah•s in all ports nnd on the high sras if the vessc>I is O\\'rn•tl hy: ((/) A eitiz1•n of the t•nitf'd St:itf's rrsid· ing in the Philippine Islamls; (b) a nntive inhubitaut of the Philippine Islands upon tnking lhl' oath of allc>giance to the Unitc>d States; (c) a resident of the Philippine Islnmls before April II, 1899, hitherto a subjc>f't of Spain, upon abjuring- his allc>giancc to the Crown of Spain and taking thc> oath of alkginnc>c> to Lhe United St.ates.' "Section 1:15 of Act 355 provides that: 'All n•s,;;l'ls of tlw C'ln;;s 13720-4 designated in section 117 of this Act shall, prior to engaging in the coastwise trade and annually thereafter, take out a license therefor.' It further provides for the issuance of this license by collectors of customs at ports of entry and pro\·idcs for the fee to be charged therefor. "Section 119 of Act 355 provides that: "Such certificate of protection shall entitle the \"CSsel to the same prh·ileges and sub· ject it to the same disabilities as are prescribed in Article XX of the Consular Regulations of the United States of 1896, for American or foreign built vessels transferred abroad to citizens of the United 8tates; while in Article XX of the Consular Regu· lations of the Cnited Stab•s of 1896 is found under section 341: "'Right to acq11ire property in foreign ships.-The right of citizens of the l.'nitcd States to acquire property in foreign ships has been held to be a natural right, independent of statutory law, and such property is as such entitled to protection by the United States as any other property of a citizen of the United States.' "And under section 34 7 : ,; 'Right to fly the flag.--The privilege of carrying the !lag of the United States is under the regulations of Congress and it nmy have been the intention of that body that it should be used only by regularly documented vessels. No such intention, however, is found in any statute, and as a citizen is not prohibited from purchasing and employing abroad a foreign ship it is regarded as reasonable and proper that he should be permitted to fly the flag of his country as an indication of ownership and for the due protection of his property. The practice of carrying the flag by such vessels is now established. 'fhe right to do so will not be questioned, and it is probable that it \Vould be respected by the courts.' "This office accordingly holds that a certificate of protection is a right which has been guaranteed to a citizen of the United states residing in the Philippine Islands, a native inhabitant of the Philippine Islands upon taking the oath of allegiance to the United States, and a resident of the Philippine Islands before April 11, 1899, hitherto a subject of Spain, upon abjuring his allegiance to the Crown of Spain and taking the oath of allegiance to the United States, regardless of whether such person desires to engage in the coastwise trade within the Philippine Islands or not. A certificate of protection may be issued under the authority of this section for the purpose of identifying the ownership of the \"csscl for which the certificate is sought, and for the purpo,;(' of grnnting to the vessel and to the ownC'r thereof the right to fly the Ra/.! of the Cnitc>d St.1tC's and the protection to which that flag cntilll's the \'Css1·l. "While it is true that a certificate of protection gi\"es no special rights in l'ither a foreign or a Cnited States port, the \"('sscl bearing one being treatC'd for .111 pmposes as n foreign \'CSsel, yet it is certain thut such a certificate ('ntitles a \'esscl to the protection of the United States flag upon the high seas and in any foreign port, and in case of capture would doubtless be well worth the cost. It is for the owner to estimate the risk of capture. "The right to engage in the coastwisc trnde is nn additional privi!C'gc and right to which ~\ vessel holding the crrtificitte of protection provided for in s1•ction l l 7 of the Customs Administra· tfre Act is ('!ltitlc>d unch•r that certificate of protC'ction; the ves..;rJ n1<1y or mny not engo1ge in the coastwisc tnulc at the option of thr owner: l'roridcd, however, Tlmt, if it is de:<il'ed to do so, the \'es,;eJ bkl' out the lil'cnsc prol"idc>d for iu :<c>ction J:l5 of Act 3:i5. ';ProtC'st Xo. 18(l0, 011 the grounds ahO\'C meutio1wd. is thcr('fore sustained and a refund to the owner of said Y('s,-('l is onh•red in the sum of $1.~Sfl.:rn, CnitC'd 8tntes Clll'l'C'll(',\'. (8ignf'd) H. B. :McCoy, .·\cting Col!C'C'tor of Cu-:toms for tl1c l'hilippi1w ~,;lnnds.'' H. ll. :McCOY. ~tctin.11 rulkclor of Cits/oms fol" /h(' l'hi/ippi11c f,~/r111ds. 102 OFFICIAL GAZETTE No. 2i8.-Publishing Act So. 1031, authorizing for a limited period exportation of food products which have paid duty, and importation of others in lieu thereof, without payment of duty. )fANILA, January 12, 190.~. To all Collectors of Customs: PARAGRAPH I. The following Act No. 1037 of the Philippine Comnii~sion is hereby published for the information and guidance of all concerned: "LNo. 1037.] "AN ACT AC'THORIZlNG :\IERCHANT8 AND OTHERS IN THE PHILIPPINE 18LAXD8 TO EXPORT FOOD PROD· LTCTS WHICH HAVE PAID DUTY, FOR A LBIITED PERIOD, AND JN LIEU THEREOF TO IMPORT LIKE FOOD PRODUCTS, FOR A UMITED PERIOD, WITHOUT PAY~lENT OF Cl:8T0i\IS DCTY. "By authority of the United 13tates, be it enacted by the Philippine Commission, that: "SECTION 1. l\'1erchanb and other persons carrying on business in the Philippine Islands and having in their possession canned goods and food products which have been imported into the Islands and have paid customs duties are hereby authorized to export such merchandise at any time prior to the first day of l\Iarch, nineteen hundred and four, and upon such exportation to receive from the Collector of Customs a certificate stating the amount and kind of merchandise so exported and that the person or corporation so exporting shall be entitled to free entry of canned goods and food products of-a like character and amount imported prior to the first day of May, nineteen hundred and four, and such certificate shall entitle the person or corporation receiving the same to such free entry prior to the first day of May, nineteen hundred and four, but not thereafter. The provisions of this Act are limited entirely to canned goods and food products. "SEC. 2. It is hereby made the duty of the Collector of Customs f0r the Philippine Islands to frame suitable regulations for the administration of this Act. . "SEc. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of 'An Act prescribing the order of procedure by the Commission in the enactment of laws,' passed September twenty· sixth, nineteen hundred. "SEC. 4. This Act shall take effect on its passage. "Enacted, January 9, 1904." PAR. II. Persons desiring to avail themselves of the provisions of section one of the above act shall file with the collector of customs at the port of exportation a statement showing the kind and quantity of canned goods and food products to be exported by them, a.nd shall present an export entry in the usual form covering the merchandise to be so exported. They shall a.lso present such canned goods and food products at the custom-house or other place to be designated by the collector of customs, for identification, examination, and classification. PAR. III. Upon the payment of the wharf and harbor charges provided for by section sixteen of the Tariff Revision Law of 1901, the collector of customs shall cause the merchandise covered by the statement of the merchant and the export entry to be inspected and classified by IL customs examiner, who shall make u·turn thereof on Form No. 50, through the surveyor. This return shall show the kind of canned goods or food products exported, the gross and net weight of the same, the paragraph uOder which dutiable, the rate of duty, and the dutiable weight of the common exterior packing. PAR. IV. Upon receipt by the surveyor of the examiner's return th<' same shall he compared with the export entry covering the shipnwnt. and if the amount in quantity or weight docs not excl'erl the quantity or weight shown on the export entry the necessary permit shall be i:ssued authorizing the lading of the merchandise on the exporting vessel. The surveyor shall indorse said permit, "This merchandise exported under the provisions of Act 1037 ." In case no permit is issued, and the merchandise is taken aboard on the triplicate export entry, the inspector of customs in charge of the exporting vessel shall return the permit or entry to the surveyor, showing the quantity of merchandise covered by said permit or entry loaded on his vessel. PAR. VL Upon receipt by the surveyor of the return of the inspector a certificate shall be prepared and signed by the surveyor covering the lading of the merchandise in question, and this certifi· cate, together with the return of the customs examiner, shall be forwarded to the .office of the Collector of Customs. PAR. VIL Upon receipt of the papers specified in the preceding paragraph the collector of customs shall issue a certificate to the shipment of the merchandise in the following form: "I, ····-······-········-································-··• Collector of Customs for the Philippine Islands (or for the port of ········--··-··-······), do hereby certify that ··············-··-···-··- ···-············-··-···-···• of the city of ··- ................ , have this day exported on the S. S. ···-··---·······-·······• from the port of .......................... , under the provisions of Act 1037 of the Philippine Commission, the following-described merchandise, to wit: No. of I Kind of morchnndise cuses. · I I n .. uabl• I I ~Rate. Amountof_~:_Y· I ' "Upon the presentation of this certificate by the above-named .. ···············-··--·-·· together with an entry covering canned goods or food products of like character and not exceeding the quantity specified in this certificate, the same shall be admitted free of duty under the provisions of Act No. 1037 of the Philippine Commission, provided certificate and entry are presented prior to the first day of May, nineteen hundred and four. "Witness my hand and official seal at ........ ········-··-···-··-• this -··-··-··-··-···-··-··-· day of --··-···-········-···-··· 1904. "Collector of Customs for the Philippirw: Islands." This certificate shall be issued and delivered to shipper in duplicate, and shall bear a. 50-cent revenue stamp, but no fee shall be charged therefor. PAR. VIII. Upon the importation of canned goods, or food products of like character, the same shall be admitted free of duty to the amount covered by the collector's certificate, which shall be nttached to the entry therefor. Any excess of goods declared over the quantity shown by the collector's certificate shall be assessed for duty in the usual and prescribed manner. PAR. IX. The original certificate of the collector of custom9 shall be forwarded to the Auditor for the Philippine Islands with the entry covering the reimportation of canned goods and food pi;"oducts as authority for the free entry of such merchandise. PAR. X. Philippine customs officers shall give due publicity to the terms of this circular. H.B. McCOY, PHILIPPINE CIVIL SERVICE BOARD. Acting Collector of Customs for the Philippine Islands. EX.UtlNATION" FOR HOSPITAi, STEWARD. MANILA, January 20, 1904. An exnminntion in English will be held in Manila and at pro· ,·incial capitnls on March i, Hl04. for the purpose of securing a OFFICIAL GAZETTE 103 register of eligibles from which selections may be made for appointment, at about $900 per annum with board and quarters, t(! the position of hospital steward in the contemplated provincial hospitals. The subjects and weights of the examination are as follows: 1. Second-grade examination. 2. Pharmacy and chemistry. Weights. 25 25 Executive orders: No. 5, authorizing the publication of legal notices. proposals tor bids, etc., In the Manila American. No. 6, extending the time specl8.ed in Executive Order No. 100, 1903, as amended, In order that committee may complete Investigations. No. 7, relative to the redemption of Spanish-Flllplao currency and and its acceptance for public dues; Hxlng the T&tlo of excbange between Spanish-Fiiipino and Philippines currency at 1.10 to 1, and authorizing all provincial treasurers to receive Mexican pesos at the above rate aud to deposit same with the Iusular Treasurer. No. 8, postponing the gubernatorial elections In Cavlte and Isabela Provinces. 3. Materia medica .... 10 Inaugural address, by Hon. Luke E. Wright, Ch·ii Governor. 4. Practical questions on nursing ... 25 Dec~i~\f~u~~e s~~r::~:. 1~~Z ~. Colley. 5. Experience and trnining ... 15 Total. 100 The necessary application blank and further information may be obtained at the office of the Philippine Civil Service Board or from provincial examining committees. W. S. WASHDVBN, Oh.airman, Civil Servioo Board. Contents. Publtc laws: No. 1040, an act regulating the hours of labor, leaves of absence, and transportation of omcers and employees In the Philippine Civil Service, and repealing Act No. 80 and all acts amendatory thereof. No. 1041, an act amending Act No. 290, entitled "An Act providing an Inexpensive method of administration upon the eatates of civil employees of the Philippine Government who are citizens of the United States, an:f':•!w:'.~bo!~'t''"~~·~·r.':fh~•~e;~':~''~","/o,f the Insular Govregular admlnlsmethod of paying employees without nlstratlon. be purpose ot maintaining the parity of the Philippines currency in accordance with the provisions of sections 1 and 6 of the act of Congress approved March 2, 1903, by prohibiting the Importation Into the Philippine Islands of certain kinds of coins. 0 The United States vs. Hilario Estoy et al. The United States vs. Vicente Rubio. The United States vs. Victorino Correa et al. The United States vs. Pablo Jamlno et al. The United States vs. Josli Montaflo. The United States vs. Eduardo Abaroa. The United States vs. Francisco David et al. Fortunato Rlcamora vs. Grant T. Trent. Opinions of the Attorney-General: Officers In municipalities abolished by consolidation; boards of health. Bureau ot Customs and Immigration: Tariff Decision ClrcularsNo. 353, quarterolas, barrels. No. 354, belt buckles. No. 355, dried lltchees--classlHcatlon. No. 356, cigar-box labels; decision of the Court of Customs Appeals. No. 358, oil of myrbane dutiable as a chemical product. No. 359, retail value not to be taken as basis for ad valorem rates of duty. Customs Administrative Circulars-No. 274, promulgating rules and regulations tor the government of a. pilots' association and pilots at the port of Manila ; and fixing the rate of pilots' fees and charges. No. 275, closing the ports of Naga, Oslob. and Dalaguete, Island of Cebu; and Jagna, Island of Bohol, to the coastwise trade. No. 276, changing name of port of Llgatlc, Island of Panay, to New Washington. No. 277. 1;~~~i~lil;;.~;(~,~:~}:f~l~t?~'~t/~;0~:.,::.:~ certificate of protect No. 278, publishing for a limited period, exportation of food products which ve :Paid duty, and Importation of others In lieu thereof, w bout payment of duty. Pblllpplne Civil Service Board: Examination for hospital steward. Published by authority of the Insular Government under-~1nd by virtue of Act No 453 of the Philippine Commission. VoL. II ~L\XIL\, P. I.. FEBl{L\HY 10, HJ04. No. 6 Pl,:IlLit: I~.A 'vs. I ~o. I04:J.] AX Al'T A'.\IE:'\'Dl::\(; TllE l'HO\T'\TL\L UO\"EH.X:\ll·:XT .\l'T BY Al .. l'IIOIUZl:\1; TllE ('l\'IL UO\'Ell:\OR TO l'OSTPO:\E THE ELElTIO:\ FOil 1:0\'EH::\OH IX .\\'Y l'IW\-1::\('Jo; l':\DER l'Ell'L\I?\ l'JIH'l"'.\IST.\:"\('E8, /Jy (l!ltlwrity of lh<' l'nifrd S/ufrs. lw it cm1rtrd b.11 IJir· l'llili/'/'//H' ('cm1111i.ssio11. tlwl: SECTIO:s I. Sl'etion fonr of Al't :\11111\wn•(l Eighty-thr.•1•. \wing the Provinf'ial (~on•rnuwnt -~d. a,:. :u111•11t!C'(! hy ,;1•C'lioll oJH• of Ad :\11mh1•n•cl Thi'!'(' hnn1ln•cl anti thirty-:-i:\. i" lwrl'h,\' ful'llwr llllll'!Hlrd h,\· in:.;c•rtiu:.r aftC'r llw wonb .. {'apital of tlw provim•1•." in the sixth linr of said Sl'<'tion, tlw fullo\\·ing- words: ··for tlw purpos1• of t•h•ctiug a llrm·iu('ial g-on•rnor: /'rori<frd. /w1nT•T. That th<' ('j\·il Gon•mor. h,\· and with llw eonM•nt of tlw ("nm· uii,:.sion. llHl.'" postporw tht• t•lt•<•tion for i.:m·1·rnor in any pro\"im·(• wlwn lw <ll'l'llJ;< such a <·ours(' ('oml\H·ivl' to lhl' pnhli<• intt·l'C'"I.'' so that th<> first .<;<>ntl'll('t' of "aid svction shall n•;H\ ns follows: "i-;Ee. -1.. Tlw provin('ial 1tm·t'l"nor ,..hall lw s(•lt>('l(•(l in tlw fol· lowing- llHUlllt'r: On till' first )lornlay in F(•bruary nf tlw yl'ar 11i1wtC'l'll lnmdn1 d and two ;1ud of ('Hl'h st•c·orn\ .n·ar tlll'rc•aflPr. at eig-ht antl'nwridian of said (lay. tlH' \'ie·P·pn1 si,\t•nt am\ e·o1111· eilor« of <'YC'ry duly org-ani;wd muniPipality i11 tht> pro\'inc·« "Intl! llll'Pt in joint com·<>ntion at tlw (·apilal of llw pro\'illCI' for \ht> pnrposl' of r]('t'tinµ- a pro\"incial g-m·1·rnor; /'rorit/n/. horn·1·1'1'. Tlmt thl' l'i\'i\ (;(J\'Cl'llOI', h,\' arnl with tlH' 1•011s1•11t nf tlw ('om· mis,:.ion. may postpo1w th(• t•lt•ction for g-on•rnur in any provim•t• wlwn ht> d<>t•m.~ sm·h a ('OH!".~(' ('omluein• to tlw puhlic' intc•n•st." ."Ee. 2. Tlw puliliC' g-ooc\ n•quiring" thP ~pt't'<ly f'1Jadnw11\ of this bill. tlw pa,..saµ-(• of tlw sanw is lwrPh,\· t•xpt•ililt•d in ac•r•orclan('t' with srrtion two of ·:An .-\(·\ 1ir1·,..<•rihini.: tlu• onlt•r nf fffO(·t•tlun• hy tlw ('ommission i11 t\1(' t'llHl'llll('lll of la\\'~.·· pn~spc\ S(•ptt>1t1ln1 l" t\\'1•1\t_,··sixth. uinc1 t(•t•u huncln•<I. :->EC". ;J. Thi,.. :\ct "hall lakt· C"ffe•d on it~ pa"'-;lg"C'. E11actl'1l. .January 2H. l!lfJ-1.. 1'.\o. 1044.I .\:\' .H'T TO PRO\'JJ)E FOH S\"IL\llSSIOX TO TI-TE ('l\'JL (;O\'EHXOH OF .-\XX\".-\L HEl'OHTS BY .\LL l'RO\.I\" C'l.\l. <HffEl{S'OHS . .-\\"ll JU-:l'J·:.-\LJS'(; :->(Tfl PORTTO".\S OF ACT ~ll'.\IBEHED El<;JJTY·TIIHEE. TIIE l'lWYIX· C'l.-\L GOVEH"X:\IES'T .\(T .. \:\"D ITS .. "TES'D:\IES''I'.'-'. :\XD OF ..\C'TS .-\Xll .\\H:XD\IEXTS THJ·:1rno~· l'IWVID· IXI: FOR TIIE EST.-\BLl:-:.JDIE\"T OF C'l\'IL C:OYEHS'· '.\IES'T FOR TIIE PHOVJ"\TE:-> OF BE:\"U\'ET. LEl'.\S'TO BOXTOC'. "Xl'i·:\'.\ VIZC .. \L\. '.\llXDORO .. \XD f> •. \H.\<H':\. .-\S .-\RE IXC'O:\"."ISTEXT \\Tl'l-1 Tim l'HOY!SlOX~ OF Tiii!-: .\C'T. Uy <t1lllwrily of Oir· f'niir'rl ·"'lt1lrs. lw ii c11al'f1.,/ l1y llw /'hilippi111• (',,mmis11io11. l11r1/: St:t'TJOX I. Bt•twc•Pn tht• first u111\ lift1•1•11th of .July of <>a<'h .""Hr a rc•pm·t sl1all h<' 1m11le• hy 1•:wh provincial govC'rnor to Uic Civil (;on•rnor of llw PhilippilH' Islands fot the fiscal }'e•ar 1•n<ling on tlu• thirlil'lh (lay of .Jmw: thi,.; rl'port. shall ('lllbrnc(' all mattl'l's ]'Nli1w11t lo the' aclmini,.;trnlion and progrC"ss of tlw prn\'incial i.:m·t'l"1111wnt a11el <'ontain full information us to the commercial, C'<'onomit•, lina11<·ial. inclus\rial, and politiml coll(\itions of the prm·ine'('. in ol'lll'I" that till' Civil Uonrnor and the PhilippillC' ('0111rni,.;,..[011 may lw pro1wrl.\· informed of th(• actual l'Xisting con· clition.~ in the• li-lanels durinµ- the• period coverPcl by tlw report. Shonlel lllH'X)H'c:le•,J c•\"t•nt,.;, or mattprs of ,.;p(•cial importanc1• to llw g-t•1wral we•lfan• of tllC' pro\'ilH'l'. 01·1•11r s11bs<•11m·nt to thl• date of 1111• rc1 g-ular a11111ml n•1lort. a s11ppl1•1111•ntary statC'lll<'llt may also ht• !ilc>cl. not late•r thau Sc•ple•HJh('\' liftPl'llth, in or<lN that t·ornplt•lt• 1bta ma,\' ht• at lrnud for till' us(• of the l'iYil Go\'ernor in suhmittiui.: his aunnal !'!'port to tlw l'hilippim• Commission: l'roridcd. IWl!"l'l'fT. That this shall not apply to the .'.\loro l'rO\"ilH't'. !-:•:<'. ~ . ."uc·h portions of Act XumbN('d Eighty-thrt•t•. the Pro· Yilll'ial <:on'l"llllll'lll .\l't, and its anH•mluwnts, aud of Acts and a11wnc!nlt't1ts tlH'rt>of llro\·iding- for tlw t•stablishmt•nt of ciYil gov· 1·1·u111t•nt for the• l'ro\'incl'.~ of B1•11g-1lt't. Lc•pnnto·Bont~c, XnC'va \'iz(·a,\';1, '.\lindnro. and l'arn1tna. a:< arP incon:<i:<frnt with the pro\·j,,ions of this .\.C'l, arf' lH'l'C'hy n•])(•ah•d. SEc·. :1. Tlw public g-oo~I n·1p1iring- llw spt•f'dy euactnwnt of this hill, 1111• pa-;sag-t• of thC' saml' is lwrf'h,\· l'XJ)('ditC'd in acconlancl' with st•etion t11·0 of ··An .\et prC's('ril1ing- tlw onlN of JH"OC'l'dnn• h,\" th(' C'ommi,,sion in llw ('l\HC'lllH'll1 of laws." pa.-;scd Rl'ptC'ml)(•r t\n'nt,\-..,ixth. nitll'il'l'll hmulrc•el. Sn·. -1.. This .\f't ,.;hall lakt• e•ffc•ct on its pas.-;ag-e'. Enact<><!. .Ja1111nry 2!i. l!l0-1.. I Xo. 104;l.J .\:\' AlT FOil TllE l'l'HPO."E OF l'IHfflDl~C: HE\'E:\'t:J<: .\XD OF '.\IAl'.'\T:\l:\"IS'C: TllE l'.\lUTY CW TI-IF. PI-IIL· ll'l'IS'ES C'l'lUU:XCY I:\" .\C'('ORIHXCE WITH THE l'IW\'ISIOS'S OF SJ<:l'TIOXS OS'E .-\'.'\O SIX OF THE ACT OF COXC;HESS .-\l'l'HO\'ED \l.\RCl-I SEt'OXD. XI~E. TEE'.'\ 11\'XDHED AXJ) THREE. BY PHO\'IDIXG FOR TllE Pl'H<'Il.UH: OF ~IEXW.-\X J)OLLAHS .-\S m•J.LION, B\' l'.\ll'OSlXC: .-\ T:\X l'l'O:\" \\"HITTEX CO:\'TRACTS P.-\Y..\BLE IX CEHT.\l:\" l<\IXD." OF cnrnEXCIER, AXD BY HE<il"IRJXC~ THE l'AY'.\IE:\"T OF .-\ LICE:\'RE TAX BY ,.\LL l'ERSO:\"S. FIH'.\IS, OR COHPOR..\TIO:\'R ('0":\"nt•<'TI".\(: TIIEIR n·nnE:\"T Bl'RIXESR. EITHER \\"llOLLY Oil l:S- l'.-\RT. IS' R.\lfl (THRKS'CIER . ..\)fD l·'llR OTllEH l'l'HJ'(JSES. /(11 11111/tnrif.11 of /Ju• Cnifrd Slafr's. lw ii r·mu;/('(f hy flw l'ltilippinc f'ommi.'1-~im1. /hat: S~;cTJOX 1. For tl1e• J>lll'JlO"c' of lhi.~ .-\ct th<> cxpr<>ssion "local <'nlT1•nP.\'" ,..hall ~ipiify :\f<>xi<'<lll C'Oill:-'" Spanish and Rpanish· Filipino <·oins. and all othl'l' mC'tallil' Jl\O!l('Y-~ not npon a g:old 105 106 OFFICIAL GAZETTE ~ ------ - - - - basis, in circulntion in till' Philippin<' i><lnnds, nnd bnuk notl•s puynblc in said moneys. SEC. 2. The Secretary of Jo'iunncc nnd ,Justi('(' is hcrC'b,\· nuthor· ize>d, whenever in his judgment the public intl'l't.,;t mn;\' n•qnire. to direct the lnsnlnr Trensurn nnd nil prm·incinl and municipnl trC'nstm.•rs to purchase l\ll'Xi<'•lll dollnl's as bullion at th<'ir bullion \"i\hw. snid nthw to be dl't<'rmi1wd from time to tinw by tlu• Insular TrC'll>Hll'<'I'. \l"ith tlw nppro,·n\ of tlw l"ccrc>tnr,\' of Finnnc1• and ,Justicc. The cost of tlw bullion so pm·chnsl'd shull ht• n proper charge against thl' gol(l-stamlnrd fmul. nml tlH' 11101w.'· coined therefrom shall nccnw to that fund. SEC. 3. Whenl'n>r any <'Ontrnct, dt•ht. or obligation, pn_rablt• by the t<'fms thcr<'of in locul ('lll'l'<'llCy. is >iought to be 1•11forccd in any court and the right of tlH' plaintiff i>i e>itnblblwd, it :<hall be> the duty of the court to n•ndC'r judgnwut for llw plninlilf to reco\·cr a>i dnnrngcs thr lnwful sum dtw to him. •in l'hilippi1w Jl<'"os. instead of in the (•urn•ney nwntiotwd in tlw cont met. d1•ht. 01· obligntion. For tlw \Jlll']Klst;> of d(•t(•rminilll! thr amount of such judgment, the court shall rf'ceive 1•\id1'11c1• as to tlw rcnl and just value in Philippitws ClllT<'nc~· of tlU' ('\llT1·ncy nnuwd in the contract. clebt, or obligation. inl'lmli111! t•\'i(h•ncc of thr local market value of such curren<'y. its valnr in 1wighbol'inA' countries as cmTcncy. its value in tlw A'rl'nt mnrk1•ts of the wol'ld, its bullion value, and nny other facts ncccs,.;ar~· to determine its true value. The local markf't value, wlwthPr affect<'d by the prohibition of the ,importation of such curr1•ncy ol' hy other c1rnses, shnll not he conclusive c\•idl'llCl· of the 11monnt of the judg"nwnt t~ br rrndrred in such cascs. Pa~·nwnt of n judgment thus rcn· dered shall t>xting1ii><h all linbility on thr eontmct, debt. or obligation. Si:c. 4. \YheneW'r auy <"ontract. 1h•ht. or oblig-ntion is mude pn)·uble in local currency, the debtor or person under obligation to nmkf' pa~·ment may tl'nilN to thr creditor in lieu of such currency thr just nmount dur therl'on in Philippinl' pesos, computed in the mannrr stnted in the p1·rcl'dinp: !!ection. and the l'lfect of such tender slmll hr thC' saml' 11>; though the tf'ndl'r had bcl'n made in the kind of cm'l'l'ncy named in such contract. debt. or obligation. SEc. 5. Thi' two last prrceding' sections shall apply to nil contracts. debts. or oblig'ation>: mad(• brfon• thl' passnp:c of this Act, as well U.'< to tho.'<e madC' sub><<'l!Ul'nt tlwrC'tO. ~F.c. 6. E\·ery• check, note. draft. hond. !Jill of t>xchangc. and f'very contract \\·hat.'<01·\·rr. pn,n1hle wholl_\· or in part in local currency and drawn or made upon, or subsequent to, October first, ninrteen hundred and four. «hall bear upon it>< foci' an internalrrvenue stamp or stamp.~ of a fac!' \·alnl' in Philippines currl'ncy to the amounts hrreinaftt>r providNI. .~aid !!tnmp or ><tamp!! to be properly eancelrd at the signing of said cheek, note, draft, bond, bill of exchange, or contract with thf' initials of one of the partirs thrreto nml thf' date of thC' transaction. The rat<'s of the stamp tax l'<'quir<'d upon ffl'r.\· (•h1•ek. noh>, draft. bond. bill of exchange, and upon every writtf'n contract whntsoevrr. payubl<' wholly or in part in local cnrr<•ney. <'XCl'pt as otherwisr provided in this Act. shall be as follow,;: I 1) An ad valorem ratC' of one pl'r eentum 11'\'icd in Philippine!! currenc~· upon thr face value in locnl currl'ncy of each aforemen· tion('(I instrument drawn or made durinp: thP month of October, ninf'trC>n hundred and four. (2) An ad valorl'm ratl' of two per centum levird in Philippines eurrrncy upon the facr \'nhlf' in local currrncy of each aforem<'n· tionl'd instrumrnt drawn or mndr during the month of Novf'mb<'r. nineteen hundred and four. (3) An ad valorem ratr of three pPr CC'ntum levied in Philippinrs currency upon the face valnP in local currency of ench afore· mentioned instrumrnt drawn or madf' <luring thr month of p, .. Cf'mber. ninetef'n hundred nnd four. ( 4) An ad valorem ratr of fivr p<"r centum l('Vird in Philippinrs currency upon the fnc<' valu<' in local curr<'nc.v nf each nforemrn· tioued instnunent drawn or made subse<1111·1'1t to DecPmhrr thirty!irst, nineteen hundred 11nd ·four. Provided, 'l'hat the aforementimwd tax slmll -not be collected upon th<' following: (n) Checks, drafts. 01· hills of <'Xd1:mgc drawn against a deposit of local currency and made payable to 11 person. lirin, or eorporation, or made payable to n bank and used in the purchnsp of u dmft or bill of exchange payabl(~ ton person, tirm, ol' corporation. in scttlenwnt either wholly or in part of a bon.1 fide spl'cific debt puyable in local currency by the d<'positor and l'ontrach•d in writing or reduc<'d to writing prior to the first day of Octobl'r, nineteen hundred 11.11d four. (b) Checks, drafts, or bills of <'XChang1• payublf' in locul emrency nnd presented to u bank for <h•posit. pay1m·11t, or snh• b_\· u creditor who has rrceivcd the sn1111• in paynwnt of a bona fidc .... pccifie debt payable in local CUJTl'nc~·. contrndpr\ iu writing 01· reduced to writing prior 1.o thl' lir>'t dn.y of Octobt>J', nim·tC'en hundred and four. (c) Deposit receipts. or othrr l'\'i(h•nees of d(•posits of local cmrency, giv<'n by a bank or othrr corporution or p1·rson to any pcl'.«on, firm, or corporation making a deposit of lO<'al currency, in nccordance with the provisions of this Act. and fo1· tlw purpose of providing funds for the paymPnt of bona fidl' specific obligations paynble in local curr<"ncy um) contrnctcd in writing 01· reduced to writing prior to tlw first cln~· of October. ninetren hundred und four. (d) Checks, drafts, notes, bills of l'Xl'lrnngr, and contracts of nny kind, the purpose nnd eITect of which is th<' prompt shipment out of the Philippine Islnnds of thl' amount of Mexican currency the payment of which is callf'd for in said chPck, draft, note, bill of exchang<', or contract of any kind. (e) Ch<"cks, drafts, notes, bills of exchange, and contracts of any kind, the purpose and effect of which is the prompt transfer of local cmrcncy to the Govl'l'nmPnt of the Philippine Islands in accordance with the provisions of law. (f) Contracts of any charactn whatsoever whose sole purpose and <"ffect is the transference of a local-currency account to a Philippines-currency basis. (,q) Checks, drafts, or bills of l'XChi\JIA'I' payable only in a for· eign country. SEC. 7. Every transfer of ownrrship by indorsement or other· wise after ~eptembcr thirtieth. ni1wk1·n hundred nnd four, of a check, draft, note, bond, bill of t>XC'liangc, or any contract whatsoever, paya.hle wholly or in pnrt in local currency in the Philippine Islands after September thirtieth. ninetel'n hundred and four, except such instruments as are S[K'cified in· subsections (a), (b), le), (d), (c), (f), and (9) of srction six, shall be considered a separate and distinct contr:l('t. and :ts such shall require a stamp or stamps. S.:c. 8. A tax of om• J)('r <'Pnhnn per month, payable quarterly, in Philippines currency, shall bC' 11•viNl upon the average daily halnncl' of each dPposit of local curr<"ncy held after December thirty-first, ninetren hundn•d and four. b~· ;my bank, corporation. or individual rrcei\'ing deposits in the Philippine Islands, and it shall be the dut:..- of e,·rry hank. corporation. or individual receiv· ing drposits in tlw Phi\ippinl' Islands, which shall receive or continue locnl·currC'nc,\' d<"posits after Decembrr thirty-first, nine· tt:>en hundred and four, to furnish the Collector of Internal Reve· nue, within ten days aft<'r the beginning of each quarter of the calendar vear, a statrment of the names and addresses of holders of local-c~1rrency deposits held by th<'m during the preceding quar· ter, together with the average daily balance of each deposit, re· i.;pectively, for each month of said quarter. and such other informa· tion as the Collector of Internal Rl'wnue shall require for the proper administration of this Art: and it shnll be the further duty of such banks. corporations. or individuals to pity imid tax to the Collf'etor of Tntrrnal Re''<'nne within thirty days after the beginning of each quarter of thr calendar year, deducting Ol<'FICIAL GAZETTE 107 the amount of thl' tux from the depositor's 1u•count. The tax receipt of tlw Collector of Internal He,·enuC' >1hull be a ,..nJlicient voucher for the bank, corporntion, or in<li,·idunl as to tht• prop<•1· use of the mOllC',\' nnd >ihnll be accepted by the tlepositor <\.'i mo1wy pnid. Sneh aYernge dnil,\· balance shall bt> culculntcd by <Hilling tog-ctlwr tlw sums of <h•posit to the Cl'Pllit of thl' depositor nt thP close of each bu.si1wss dnv in snid month nnd dividing tlw sum so obtnhwd hy tlw immber ~f <la;-.·s upon which said dc>posit was hcl<l: J>1·ovidcd, That any person wishing to mnintain n locnl-cmTcncr dC'posit after December thil'ty·first, ninl'lt•t•n hundr<'<l und four, for the purposc> of keeping funds for tlw pn:nncnt ut n future <latt> of a bonn tide specific local·currruc~· obligntion contrncted in writing or reclueed to writing- prior to Octol)l'r lirst, 11i1wt1•e11 l11m· dred and four, may, by obtaining' in iulrnm·e tlH• l'XJJrt•ss Jll'rmis· sion in writing of the Secretary of l•'inance 1111d Justice, nnd luwing the SfUll(' n'g-ist('r<'d with tlw l'ollt•dtJr of lntrrnal llrVl'lllll' or his deputy, nrnintnin sueh a til'posit up to thr time of the maturit~· of said locnl·c111Tt>nc~· ohlig-ntion without pnying- the aforementioned tnx. 8Ec. 9. E\·erv check, (lraft. nott>, bond, hill of t•xehang-r. and e\'<'l"Y contract .whntsoe\'el" payable in local cnnt•ncy. nnd C\'<'l"Y depo.;it so payable slrnll be prt>sumubly suhjrC't to tht• taxes lt>vietl in flC'COl"dnnC'e with th<' pro\'isions of this AC't; aud the obligation sho.ll rest upon the drnwer or mak('I". holtl1•r or h1•11rliciar~·· and, in case of tnrnsfcr by indor><enwnt. upon t'nd1 indorser. indorsee, or holder of said cherk. drnft. nntt>, lxmd, bill of 1•xcha11gt-, or bank deposit who claims t>xcmption. to prow that he is entitled to any of the exemptions prnvidt•cl in thi>i Al't. Xo t•lwt'k, draft, notC'. bond. bill of cxchangt', or nny contrnct whntsoever payable in local cunency shall be exempted from the p1tyment of the stump tax pro\'ided for in ,:.rel ions six and o<C'\'l'll of this _·\ct, unlP!l!l thr contract for which <'Xt'mption i" t'lai11w1I shnll lw rcg-i>iterPd with the Collector of lntNnnl He\'t'nlil' 01· his c\,•put_r hrfor<' October first, nineteen hund1·C'd nrnl four. ;\ml a N·rtifi<•:itt" h<' nttached thereto by the Coll<'t'tor of lntenml Ht•\'rllUt' or hi;; deputy ct'l"ti· f~·ing the exemption; und no d<'posit of lo<'nl cuncncy >ihall be exempted from tlw pu~·ment of tlw tax on hunk deposit."- as pro,·ided in >iection>i eight ancl niiw of thi>i Act unless the exemption is obtained as hf'rrin Jll"O\'ide>d. tog<'ther with a t'ertificatr C'ertify· inµ the snmf'. prior to .Januar.\' first, ninetP<'n hundred and five. SEC. IO. Ewrv che<'k. draft. note, bond. hill of <'Xclurnge. and e\'cry contract .whaboevt>r whieh i>i not properly stamped in accordance with tlw JlrO\'ision..; of thi;.; Act shall he \'oid. und ever~· person. firm. b;rnk. or l'Orporntion who give>i or rrceh·es such rhel·k, draft. nolP. hornl. hill of l'X<•lumge. or contract whid1 is subjrct to tlw >itump tax undrr this Act without its being properly stamprd. or who shall 1·rc•1•i\'1• or keep a tlcposit of l<wal currcncv or m:tke snc-!1 a t\cpo,;it without observing tlw provisions of this. Act, shall hf' g-nilty of a criminal offense, and ;ihall he lmble to a fine not <'X<·eedinl! the face va\11e in Philippine,.; 1•11r1·em·y of lifty per t•c•ntum of the nnmber of P<'"os of local curreiwy called for in said clw<-k. draft. nofe. homl. hill of exchange. or <'Ontract. or of tilt" d<'posit >10 kt•pt. 81-:l'. l l. (" J All pl'l"sons. linm;. or C'orporntions who engage in any bu>iine.~s whatsoe\·er in the Philippine Islands, after Decemh<>r thirt:r-first: nineteen hnndrecl and four. and make use of lot·al curren~.v to nny 1•xt .. nt whate\'cr in either buying. selling, or renting iioous. propnty. or ser\'frcs must, previously to engaging in sucl1 busine>s and annually thereafter, in addition to thr other lict•n,,es now J"t'(JUired by law. obtain a license from the Collector of Internal Rc\·f'nne in the manner prrscribed in the pro\'isions of the lndustrinl Tax Law for the issuance of industrial licenses: Prm:idnl, That pnsons, firms. banks, or other corpnrations ma~· dE"al in the <·hecks. drnfts, notes, bonds, bill.-; of t•xc-hange. and <"ontracts whic·h an• mentioned in paragraphs (a). (bJ. (c), (d), le), (fl. 11nd (g) of ,.;ection six as not subject to a stump tux. or may nmk1• sul"h local-cunenl'y deposits as are <'X<·mpll•d from taxation b~, sec·tions eight and ninr without sr<'lll" iug s11d1 a licens<': .-Ind provided furthcr,.Thut a bank, corporn· tion. or iucli\·idnal may pun·has1• local currency with the purpose nm! <'fft'c-l of promptly shipping said cunency out of the country. without s1•1•111"ing such a lit'ense; .Lnd 1n·ovidcd further. That the t'Olh·t'tion of at'l·ounts, debts, or other ~bligation;i made or in· t'l\IT('(I prior to ,Jannar~' lirst, ninett•en hundred and fi\"I" shall not ·be con:iider1•(I,.. l'lllT<'nt lmsincss subject to lhe prnvisions of this section. ( b) Tlw liccnsC's shall be dassified in nccordanee with the 1·lassification of ralt•s of the industrial tnxes. and lhc amount payable for u license of the lirst cluss shall be ten thousand pesos, Philippi1ws <"lllTt'lll'Y; for n liccmw of the second class, Jive thou· sand pesos. Philippines currency; for a license of the third class, one thousand peso,.;, Philippines cunency; nnd for 11 license of tlw fourth class, Ji\'e hundred pesos, Philippines ('Urrcncy. (c) Each sep11r11te factory, shop, store, or otlwr business cstab· lishment, nnd ench sepurate trade 01· business whether owned, mnnaged. or l'nrried on by the same or different persons, firms, or l'orporntious, shull be c.'Onsidered for the purposes of this Act 11 scp1u·;1te industry., nnd shall require for it» legal conduct or manugemrnt u sepurnte license of the class pro\'ided for in this .kt. This st>ctiou of this Act shall be administered in accord1rneP with the provisions of the Industrial Tax I~aw so far us thost' JlrO\'isions are not contrary to the provisions of this Act. (<l) Any person. lirin. or corporation who shnJl use local cur· rency in the conduct of hi:< business without a license and contrnry to the provisions of thi;; Act shall he guilty of a criminal offen.se ancl shall bt> subject to 11 fine of not exceeding ten per eentum of tlw license fee required for his business, in addition to the pay· mt•nt of the li<•ense fee. Euch :iepurnte transaction in local curn•nt,\· t·ontrnry to law shall constitute a separate offense and shall imbject the off1·mler to u sepnrute fine of not exct>eding ten per centum of the license fee. Si-:c. I::!. Immediately upon the passage of this A<:t it shall be thr duty of the Chief of the Division of the Cuncncy to prepare nnll haw publishcd in the principal languages and dialects of the Philippine Islands 1111 announcement explaining the new Philip· pi1ws currency and the more important laws and official regulations p('l"taining to the use of thut currency. and the methods pro\·ided for the withdrawal of local currencr from circulation. Copies of this announcement shall be sent to all the pro\'incial ~on•rnors, provincial nnd mnnicipnl trC'asurers, presidents, and mnnicipul l'onneilors of the Philippine Islands, and shall be posted and 1111\'ertised 11s widely l\S possible throughout the Philip· pinC' lslands. St:c. I :J. This Act shall b<' administered by the Collt>ctor of Internal Hevenue for the Philippine Islands. S•:c. 14. This Act shall tnke effect on its passage-. E111wted, .January 27, 1904. Dl·~CISIONS OF THE SUPUEl'IIE COUUT. [No. 1503. December 29, 1903.] 'I'll f,' f'.\"/'J'HJ) WLL 1'EN, complaina11I and ap/)cllcc, rs. AL/~'./O HA FllJAS H'I' AL., dcfc1ulanls a11d a.ppell<tnt.<1. ~lclJO:"Ol'GII, ./., dissenting: I. CHIMINAL PROCEDURE: BAIL PENDl:O:G AP!'EAL; DJSCRF.TIONARY PowERS OF SUPRnlE COURT, How EXERCISED.-The Supreme "court has discretionary power to grant ball. even arter conviction In all noncapltal cases pending before It on appeal, and Its discretion la to be exercised regardless of the action of the Court of First Instance. 2. In.; II>.; EFFECT OF Arn:AI. ON Jt'llG~IENT OF TJUAL COURT; EFFECT ON PENALTY.-The fact that the accused la not finally tried, In case of no appeal, until his case is heard, retried, and determined by the Supreme Court, and that. with few exceptions, In case of a convlc· tlon no credit Is given for the time seTved In prison during the pendency of the appeal. are weighty reasons for the exercise of the dlsc-retion of the c-nurt to let •.he uc-1·used to ball during the pendcnt·y of his appeal. 108 OFFICIAL GAZETTE 3. ID.; ID.; EXERCISE OF DISCRETION.-The court should exercise Its dlscrl'tlon lo favor of ball, eve11 after conviction in noncapltnl cnscs, unless some great urgency exists whit'\1 would make lt manifestly Improper to grant the petition. API>EAL from a judgmrnt of the Court of Firsl lnstnnce of l\Iisamis. :Motion for Im.ii pending appPal. The defendants Alejo Rn\"idas nnd Narciso :\lelliza. together with several other defcn<lnnt:s, wen' trir<l in the Court of First Instance of MisnmiS on u clturgc of insurrection. Both \\'t'l'C convicted, and Ravidns was sentenced to imprisonment for IL term of five years and l\1elliza to three rears. Both appealed to the Supreme Court from the judgment of conviction. After the case was lodged in the Supreme l'omt thl' ilttornl'ys for the two de· fendants named mude a motion that tlwy be allowed buil pending appeal, no such motion having bt>cn nuult> in the trill! court. This motion was heard on November 16, 1903, and was opposed by the representative of the Attorney-Genernl who appeared on hehulf of the Government. On November :lo, 190:J, th<' coul't directed the t•utr.r of the fol· lowing order on its minutes: ''Acting upon the motion of :Messrs. Pal11111, Geronn ~- ).lerendo, attorneys for Alejo Rnvidus y Xurciso Melliza, df>fendunts in the case of the United States vs. Ravidmo et al., that the said defend· ants be granted bail during the pendeney of tht> appenl in this case before the court, after deliberation: "Resolved, by a majority rote, That thC' motion to admit the said defendants to bail be denied. The Hon. C. S. Arellano, Chief Justice, and Justices Torres, \\'illanl, and Johnson \'Oted to deny the motion." From the order so entered and the refusnl to grnnt bail ,Justice.'> :McDonough, .Mapa, and Cooper tlisscntC'd. PAL:\IA, GERONA & MERCAIJO, for appellants. Solicito!'-General ARANETA, for nppellt>l'. l\IcDONOL'GH, J., with whom concur COOPER and ).JAPA, J.J., dissenting: This is a. motion to admit the defendants to bnil pending the trial of tlwir appeal in this court. Bail is usually favored. Before conl'iction, C'Xccpt in capifol cases, it is allowed as a mutter of right. After conviction, how· ever, it is discretionary with thl' Comt of First lnstnnct• und also with this court to grnnt or refust• bail in noncapitid cas<>s pending on 11.ppeal. (8cc s<>c. 5:1, G. 0., 58,) In several of the 8tntl's the (•ourb have rl'fuM'(l to exercise this discretion unless there exist special circumstanc1•s which cnll for the intenention of the court in lwhalf of thC' w·isoner. In those States the question has often bren raised as to what is a special circumstance which justilil's tlw (·ourts in lrtting to bail after conl'iction and pending an appeal. The nns\\"(•rs have been uurncrous, various, and many of them vague. I. In California it was said in thr case of Ex pill'te 8mallmun et al. (54 Cal., :J;i) that it might be a special circum!ltance warranting the granting of bail when, for example, after a com·iction for the crime of felonious homicide' i\nd appeal "the dect'asl'd" was produced alive. 2. The same court gave as anothC'r instance: \\'here the defendant had been convicted of stealing goods and it turnl'tl out aftnwards that the goods of which hi' was convictC'd of stC'aling \\'C'r<' at the time of the alleged theft in the h:rnds of tlw 011·1wr. \Vith all due respect to the ll'i11·nl'd juclg(' who gn\'(' tlwsr in· stances, it may be n•markcd that th<>se \\'('!'<' s1wcinl circumstnncc•s warranting spl'C'dy pardon rntlwr than hail. ~. It was held in Xl'brnska (42 ~l'b., 48) that, nftl'r conviction and pending appeal. this discretion of tlw eonrt may be ('Xl'rcisl'd upon the showing of prohnble l'ITor calling for a l't•Vel'snl of thl' .indgment. ~l'W York ['.;tat<> follows this \'!(•\\' allfl. pc•nding aprwal nnd an application for a stay and for bail, the coi.1rt will look into thl' record for the purpose of ascertaining whctlwr or not thl'l'<' i,.. pl'obnble cause for reversal. In lndianu it hns been held, on nn appeal from th(' rl'fus:1l nf ,, judge to admit to bail, the supreme court will weigh the l'\"id1•11ct• and determine the facts, as if trying the ens(' 01·igi11ally. (Ex pul'te Hl'ffcrnun, 27 Ind., 87; Ex parte Kl'ndull, IOO Ind .. 5!l!l, 11nd cases citC'd.) 4. In :J Amel'icnn und English Encyclopedia of Lnw. Ui7, it i." snid thnt n special circumstance justifying bnil, afkr conviction. is wlwrc till' defendant voluntarily imrrcnderecl; m· 5. \\'here he is a man of large means; or Ii. \.Vhere he refused an opportunity to escnpC'; 01· 7. When the defendant is seriously ill; or 8. \\'hen the heuring on thl' appeal has been UlllWC'l'ssnrilv delu,red. . Thus it appears that the eXCl'ptions are so numerous that thl'\' almost constitute tlw rul<>. . The discretion to let to bail confcned on this court is to be t•xe1·cised rrgardlt>ss of thl' action of the Court of l<'irst Instance. Evrn in California, wherl' it frequl'ntly happened that the trial court rcfus(•d to exercise tlw discrl'tion \'CStl'd in it to let to bail, the SU(ll'l'llll' court, in the case of Smith (H!J Cul., 80), rebuked tlw court below for fnilm·I' to act. "The fact," said the learned judge of thC' suprC'me court who wrote th<> opinion, "that the tria! conrt adopted un inflexible rule not to udmit a defendant to bail \\·ho has bcC'n convicted of n. felony, can havt> no weight with us, howrvcr inconsistent such rule is with s<>ction 1272 of the Penal ('od(•" (allowing the court to exercise discretion). "This court passes upon the merits of the petition presented to it regnnlless of (111!1 actif.111 or rull' the trial court may /lare adovted." In the case of Hodge (48 Cal., :J) the chiC'f justice of the suprC'nW court nllowf'd hail ufter it had hren rcfusf'd by tlw court lwlow. Tlwre tlw dC'f•mdant had been conviC'tl'd of 11s.<1ault with a d1•11tlly wcnpon with intent to do hodily injury. The punishment for that offense was a fine or imprisonment, and the dl'fendant hud been sentenced to SC'l:\'(' n term of imprisonment of rightrC'll months in thC' Htut<' prison. On tlw argnnwnt, thC' attention of Chil'f .Justice \Vallac(' was C'alled to tlw rC'c01·d, and he evidently t>xami1wd tlw record and the rulings of the court below 1wd tlw chargl' to the jur,\'. for lw snid: ''It is not proper thut I should intimate an opinion us to the ultimate determination of tlw points whiC'h it is the purposr of this appeal to presl'nt for tlw judgment of tlw supn•nw court. "Tlwy are sufficient in my judgm(•nt to show that the apprul is bo11a fid(' and that tht• ens<' made is not to be charueterized as frivolon!l or unsubstnutiul. "I think that should I, under the circumstnncc, refusl' to admit the prisoner to bail, it would bt• a misapplic;\tion of the discretion confl'rred by the statute. "The right to appeal to tl~e suprcml' court is guaranteed by thl' Constitution to the prisoner and is ns sec•1ffe us the right of trial by jnry. It is one of the means tlw law has provided to d<>termin<' the fJllC'Stion of his guilt or innorc•ncP. l 'pon such nn np1wal tlw ultimntl' question is nearly alm1:--•s us to the rnlidity of the judgment nndC'r whi<'h tht.> prisoner is to suffer. and it is certainly not consonant to our idC'ns of justicr, if it can bC' prl'\'('lit<>d b;\· ll'gal means. that, l'ven while tht> question of .Quilf or innorl'nCc is yl't being ugitntl'd in the form of an appC'nl. the prisonC'r should bt• ul!dcrgoing the very vu11ishmn1f and sutfrring till' \'1•ry infamy which it was tlw lawful purpose of thl' appeu] to a\'1•rt. It would be somewhat akin to a pr;1ctice of punishing the :H'f'US('d fol' his nllegC'd offf'nsl' while the jury was yet dPlibrrnting upon a verdict." Th<'sC' arr SC'nsible nml Wl'ighty r<>asons for tlw f'X<>rcisl' of the dis(·rl'tion of thl' C'Olll't to let a prisoner out on bail pending his apprnl. hut WC'ighty nnd just as th<>y may hi' in Califomia, tl11'rc OFFICIAL GAZETTE 109 is much more rcnson for following thrm in thesl' Islands, ht•cnusr hNc the accused is not linnlly tried until his cnse is hranl, retried, and determinC'd by this court, which, in cniw of conviction, SC'llt<'nces tlw accused for th<' full term prescribed by lnw; and lw is obligcd to sr1Te th<' full tl'nn of imprisonment imposed upon him by this court. without bring- crr,Jit<'d with the time Sl'TVcd in prison, bctwcrn the tiuw of drt<'nnining his guilt hl'low nnd the time of COll\°i<'tion hrrt'. 1•XC<'pt wlwrc convicted of certnin minor offc.>nSl's in which the convict is rrrditl'd with half thP timr Sl'rvl'd pendin~ tlw npprnl. So thnt this mil~' result, especinlly if delay occurs in bringing thl' cnsl' to trial in this court, nnd in deciding the same. that 1111 nccuscd mn:r lrnw· to sen'<' n long<'!' term in prison thnn is pl'esC'ribcd by th<' Cod<'. Morecwl'r, in ti\(' Stntc courts, the 1wr•usNI is nllowNI bnil ns a matter of l'ight h<'fore convi<'tion by n jury in noncnpitnl <'llS<'S. The conviction. undcl' our 14\'StE'm, in 11 Coul't of First Instanc1'. where nn nppenl hus heC'n tn'ken. is very lik<' nn examination und a holding" for trial h,\· a committinJ! 11UIJ!istrnt1· in tlw Rtnt<>s, if the holding of this court in the cas<' of th<' L'nited Stat<'s v.~. Kep1J('r (I OIT. Guz .. :J52) be good law. In tlw opinion of thiii court in that cnse. it is stuted, umlC'r tlH' Rp1111i:;h rult• in th1•,;(' Islands: "Thne ne\'<'r wns any finnlity to the judJ.!mC>nt in th<> trial court. in felony cases. until it hnd bern rntifil'd and ronfirmed by the court of Inst resort. Such n judgmrnt wus mC>rely advisoq to thl' npp<'llate tribunal. • • • Thut wus the luw of the Jami when the chnngc of so\·ereig-nty took p\n('e, nnd it hm1 only bern modifi<'d since to tlw (•xtl'nt of makinJ.! the jndgnwnt of the Court of First lnstuncr. in felon,\· 1·asrs (l'xcept capitnl offenses) final, 1111less an npprul hns been taken either by the Attorney-G'enernl or the uccu,,ied. 80 thl'n, so now." I:rrnsmuch us there has been an appeal tnkcn in the case at bur, the judgment below, therC'fore, is not final; it is not such a judg· ment as is entered in the 8tates upon the \'C'l'dict of n jmy; it is in its nature ''merely advisory," and, tlierrfon'. it, together with the double punishment mentioned above. constitutes a special circumstance C'ntitling thC' defendants to the exercise of thf' dis· ?retion of the eourt in their favor. It seems to me tlmt this court ought to follow the prnl'tice of the Federal courts am! that of the Sup1·1'1m• f'ourt of the l.'nit<'d States, and not deny bail after conviction unlrss som1• sprcinl circumstunce exists which appeals especiall,\· to the dis('l'<'tion of the court, but rather to allow bail, unlrss som<> grc:1t urgency exists which would make it munifC'stly improprr to grant tllC' petition. Thus in the casr of :McKnight ( l l:J Fl·d. Hep .. \,j I). d<'eided by the circuit court of appeals of the sixth cin·uit. l!J02, it was held that the United 8taks Court of Appealll. pending a w!'it of error, had power, and that it was 9rncrally if.<; d11ty to udmit to bail, after con\'iction of a 1·rinu1 not capital; thut where thr trial court refused to 1ulmit to !mil pending n writ of error. i11 the absence of some great Ul'g<'m·y. a further application should be made to the appellate court. and thut thr fnc·t that the df'fendant had been thrc>e times com·iel<'d on thr same indictment. for embezzling funds of u national bunk, was nut suflkient ground for denying bail pending a writ of erl'ol'. In the case of Hucbon vs. Parker ( 156 U. R .. 2ii) it appeared that Hudson had bel'n convicted in the Unit<>d Rtntes district court for the western district of Arkansas, of assault with intent _to kill, and was sentenced to imprisonment for a tf'l'lll of year>1. A writ of errol' was grantetl h)' 01w of thr justices of thf' supremc court (not assigned to that circuit) and an order madr for supersedc>as and bail, in a sum named, pending the writ, the bond to hr appro,·ed by Judge Parker, the district judge, He. howevj!I', refused to approve the bond, holding that the supreme court jndg-e was without authoritr to let the prisoner to bail. Tn the opinion of the supreme court it was said that: "The statutPs of ti\(' Cnited States ha\·e been framed upon the theor;) that a person aceusrtl of n 1·rime shall not, tmtil he Ul finall!J 13719-2 r1d}ud9ed !fttift11 in the court uf last resort, be absolutely com1wlled to um!Prgo imprh;;onmcnt or punisfunent, but may be admitted to bnil not only after arrest and brfore trial but after con\'iction and pending a Wl'it of error," nnd so the court ordered a mnmlnnms to be issued comnmnding Judge Parker to take nction regarding the nppro\•al of the bond. For the for1•going reasons I um of opinion thut .tlm defendants should be let to bail pending the disposal of their appeal in thii:; 1·011rt. [No. 1441. December 29, 1903.] THE U"A'/TEI> S'l'A'l'BS, complainant and appcllec, vs. SEVERA /JBRGA XTINO, dc{e11da-11t and appella11t. CR!MlNAJ, LAW; HEARSAY; PEDIGREE; TESTIMONY AS TO AGE.Hearsay evidence h1 co01monly received by courts upon the 6Ubject of pedigree. which Includes that of tbe age ol a per11on and furnishes an exception to tile rule against the admissibility of such evidence. 2. In.; Io.; Dm:BT.-Where there was evidence In behalf of tbe defendant that she bad not reached the age of 15 years at the time of the commission of the ofTcnee and the trial judge reached tbe conclusion from the appearance of the accused that 11be had paued the age of 15 years. Helli, that the testimony on bebalf of the defendant wo.e sumclent to raise a reasonable doubt upon a material question, to the benefit of which the defendant was entitled, and that the judgmcmt of conviction In the case should be reversed and the sentence modified, reducing the penalty In accordance with tbe requirements of article 85 of the Penal Code. APPEAL from n judgment of the Court of First Instance of Iloilo. l11e facts arc statt>d in the opinion of the court. CARLOS LEDESMA, for app<'llant. Solicitor-General AnAN~"'TA, for appellee. COOPER, J.; The defendant, Se1·vc1·u Bergantino, is chnrged with the crime of homicide, committed as follows: "On the evening of the 26th duy of February last, the deceased, Eugenia Bernnl<'s, being at the house of Dolores Abelarde for the purpose of collecting 7 reals and 8 cents, which the latter owed to the former, the said Ahelarde not having paid the same, a dispute arose, and the said accused, Servera Bergantino, taking purt in the dispute, inflicted two wounds upon the stomach of the cleceascd with a knife, which caused the death of the said Eugenia Dernnles on the 28th of the said month of February." The defendant wus found guilty in the Court of First Instance nnd was adjudgC'd to imprisonn\C'nt of eight years and six months of prisi6n mayor and to pay the cost of the proceedings, with the accessories, without adjudging indemnification for the damages, there being no claim fol' such by the heirs or rclatiYcs Of the deceascd. Fl'Om the judgment the defendant appeals to this comt. The testimony in the case and on which the decision is based discloses the following facts: In the pueblo of Estancia, in thr Province of lloilo, on the 26th day of Novrmher. 1902, the d<'('ensed, Eugenia Bel'nales, went to the house of Dolorc.; _-\hC'lard1'. the motlwr of the accused, for the purpose of collecting tlw sum of i ~ rrals which the deceased had won in a game on the.morning of that day from Dolores. Dolores refused to pa)' the irnid sum; the deceased insisted, saying that she needed the monry in order to buy supplif's for the family; after some wnrm words had passed between the women the deceased stated that the 1w1•used was wnnting in virtue and applied other offensi\'c epithets to her. The accused was present, and up to this time had taken no part in the dispute betw<'en her mother and the dN·eascd. Eugenia lc>ft tlw prrsence of Dolores and ~tarted down the steps, and when reaching the lower story, Servera having accompanied her, they came to blows. The accused at the time of llw 11uarrel had a p~nknife in her hand with which she inflicted morlal wounds upon the deceased. • Headnotes by Mr. Justice Cooper. 110 OFFICIAL GAZETTE \Vhilc then~ is some conflict. -tlu· t('stimony is sunicient to sustain these ,·iews. nm! it is clt•ar that the defendant is guilty of the offcns<' of homicide. It i» ('Ontcndrd by thl' nUonwy for the dt>fendanl thnt tlw ('ourt failed to take inlo l'Oll~idt•rntion all of the attenuating eircumshlm•cs whid1 cxi"'ll'll in tlw (·ase, and. in particulnl', thnt the penally a><st•sscd by tlH· eourt wns placC'd in a gmde too high in view of tlu· tc:<timony as lo the ugc of the ll<"l'llSC'd. ~\rliclc 8.i of tlw PC'nal Codl• provides thnt: ··t:pun a p<'rson under J;) year:< or on•r fl )'l'ars of age. who is not exempt from liilbilil)' by reason of the court having dcdurl'tl that he acted with the exercist• of jutlgment. !l di!:icrctionur:t penalty should bt• imposC'd. but always lower. two dt•grees nl least. than that prescribed by law for the crime which he com· milted." Did the evidence in the case show thnt the acl·Usl•d was under 15 years of age? If so, th<> penalty :-honhl hun~ been two dq..r1·e1·s. at least. lower than that prC'!it•rihed br law for the criuw whkh was committed. The learned judge statC's in hi,; deeision thnt tlw accused b u married woman, appul'cntly about 18 or 19 year,; of age; that while the proof pl'csentl'd on thC' part of the llef<'ndnnt tended to show that she was le!is than 15 years old at. the time of the occurrence; that thrse dC'dnrntions gf tlw witnesses wern all hear· say, as neither the accu,;ed nor hrr mother, who testified as to her age, knew her present age; that thel'e was not presented during the trial th(' baptismal certifil'ate nor any other document showing the .date of the birth of the accused; that to judge by the appearqnce of tl1e accused she lmd passed the age of 15 years; that it was impo,.;sibl<' to determin<' with certainty this point; and the court reuchl'tl the l'Ondusion that the !ll'CUsed wus more than 15 years of age. The testimonv of the defrndunt. her mother, and hrr husband was to the effe~t thut the uc·cused hnd not reached tlw u:w of rn at the time of the commission of the offenl'!e. The mother of tlw accus1•d frstitied that hel' daughter was 14 years and 4 months old and states that tlw reason she knew her age was because the tll'fernlant wns born about the time of the. cholera epidemic of 1889. . The aeeuscd testified that she was 14 yC'ar:1 old when she was manied, three months before tlu• trial. The husband of the 11rcus(•1l tc•,.,tilird tl\at she was 14 years old and that he k1ww this hrcause wht•n ht• was married they told him that the accused was onl! 14 years of age. The testimony of the motlll'r ,.,·as not hC'arsay. hnt was hy OllC' who had direct knowledge of the agt• of the aceuscd. The testimony of the husband. thouµlt hearsay. is such evidenc<' as is commonly rCc<'iYed by the courts upon the subject of pedigree, whieh furnishes an rx<·<'ption to thC' rulC' with reference to the admissibility of hearsay 1•\'idcncC'. (1 Gn'enL ser. 114 C.) While the e\'id<'n<·e upon this point is not entir<'ly satisfactory. yet it is sufficirnt to raisP a l"l'a;;onable doubt upon this mat<'riul 1uestion in the cas(•. to the benefit of which the defendant is en-, titled. The baptismal t·l'rtifirat1• or othcl' r\'id1·nce of this character would ha\'e b1•1•11 much more ,;atidactory to the court. and. if obtainable, !ihould ha\'c be1•11 introduced. · ~rit!IC'r the pro;;eention nor the defendant saw lit to introdm·1• ;;uch evidence. This finding of th<' r011rt as to the nge. not being supported by <'vidence suffieil'nt to satisfy this l'onrt beyond a reasonable doubt, will require a n•V<'rsal of the judgment and a modification of the srntence by r('(lucing the prnalty in accordance with the requirements of artirle 85 of tlw PN1al Code at least two degrees below that prescribC'd by law for thC' l'rimr which was committed by the defendant. and tlw impo;;ition of a discretionary penalty. which, in view of llll' att<'nuating- l'ircum!:itanccs we find as existing in the ra.-;1•, \\'l' now r<'\"C'rse the judgment and sentence the dC'fC'ndant to thr prualty of six months imprisonment, arresto mayu/' in its m;1ximum degree. with cost o~ proceedings adjudged against the defendant. lt is ,;o ordered. Arellano, C. J .. Tones, Willurd. Mapa, l\IcDonough, and John!:iOll, JJ., conCUI', ./11dgmcnt modified. [No. 1403. December 29, 1903.] ,/(J,'•rn R. J.LJ•,'J/.:I :vr BT AL., pclitioncrs, vs .• /OIL\' c: SWEEN Bl', jrulgc of the Court of Pirst lllsta'11CC of Jlanila, rc.<Jp011dcnt. 1. PLIMPING ANP PRACTICE; ANSWER; IRRELEVANCY; MOTION TO STRIKE OuT.-An answer which stales some of the facts alleged In the complaint, denies none of them, and is devoted principally to a discussion of the questions of law Involved In the case will be construed 1u1 tacitly admitting all the allegations of the complaint, and a motion to strike out the whole answer as Irrelevant will be denied. 2. Ill.; Ill. ; ADMISSION OF FACTS ALLF.GF.D IN COMPLAINT; Dl::llURRER; JUDGMl>NT ON THE PLEADINGS.-When the answer tacitly admits the facts stated In the co1nplalnt the plalntlfT may demur to the answer or move for Judgment on the pleadings. OHJGJ~AL PETITION for a writ of mandamus. Decision of motion. The facts 11rc stated in the opinion of the court. LEUESllA, 8UMULONO & QUINTOS. for petitioners. ANTONIO v. HEIUIEHO, for respondent. \\'ILLABll, J.: This is an Ol'iginul action in this coul't in which. u d1•111mTer to the complaint having bC"cn ovenuled (l Off. Gaz., p. 857), the defendant has 1111swered. The plaintiff now moves to strike this answer out on the ground that it neither admits nor denies the facts !:iet out in the complaint, nor does it allege any new facts. An examination of the answer !:ihOW!l thnt it. is open to the objections contained in the motion. lt states some of the facts in the l'Omplaint, denies none of them, and is devoted principally to a di!leussion of the legal questions involved in the Cll!:ie. Section 94 of the Code of Civil Procedure eontnins the following provision: ••" * * A material allegation of the complaint which is. 1withel' ge1l('rnlly nor specifically denied in the answer shall be deemed to have he<'n ndmitted." The unsw<'I' in view of this provision must be construed as tacitly admitting all of the allegations of the complaint. Such a tacit admission is the legal equivalent of an express admission. An answer which contains an express admission of all the allegations of a complaint ean not be stricken out as irrelevant under article 107 of the same Code. Nothing could be more relevant to a suit than an admission of the facts stated in a pleading. This is a motion to strike out the whole answer and not n part of it. It is not necessary to eonsider, therefor<', whether that portion which contains the legal argument is subject to attaek under !laid article 107. The plaintiff might have demurred to this answer under article !)!). But in this case, and generall:r in nil cases when the answer states no defense, the most expeditious method would be to hnve tin! case plueed on the calendar for trial on its merits. On such trial the only question for determination would be whether on the facts stated in the eomplaint the plaintiff was or was not entitled to judgment. The motion is denied. Arellano, C .. J., Torres, Cooper, Mapa, :\IcDonough, and .Johnson. J.J., concur. Jf otion denied, [No. 1406. January 6, 1904.] THE rJ"Nl7'1W STA. TES, complainant and appellant, vs. ROSCOE C. GOX, defendant <ind appellee. CRIMINAL I.Aw; ASSAULT ON PF.AC!l O~'FICF.R; 'BREACH OF THE PEACE.An unprovoked attack upon a policeman on duty eonetltutes the OFFICIAL GAZETTE 111 olTe\lse of assaulting 1111 offic"er under articles 249 nnd 250 or the Peno.I Code, and not n mere bre1u·b of lllc peace. APPEAL from a judgment of thl' Court of First ln:<b111r1• of lloilo. The facts are stnll•d in the opinion of the <'OUl't. Solicitor·Genernl Alt.\.XE'l'A, for appellant. T. L. MCGIRR, for appellee. TORRES, J.: On May 26, 1903, the provincial fiscal of lloilo liletl •lll in· formation in the Court of Fil'st Instance of th11l provinee charging Roscoe C. Cox with the crinw of assnnlting un ollicc1·. of the la.w, The information alleged thnt at 9 o'clock on the mght of Tuesday, the 10th of February last, while on duty in Gcnerul Hughes Street in the city of Iloilo, the:: policeman pamuso Gonzalez was 11pproached by three Amcricnu ,.;oldiers. The nccuscd, who was one of the trio, aske<l Gonzalez if ht• wished to fight, und immediately after, without giving the latter timE> to rl'ply, seized him by the throat. HaYing succeeded, with thl• nid of the other two soldiers, in O\'ereoming the poli<'enmn, tlw lll'l'\lsell possessl'd himself of the elub which Gonzalez curried, nml with it struck the latter se,·eral blows, c·irnsing the wounds lil'Sl'ribed in the medical statement exhibited. Gonzalez thl'rl'npon ,;hout<'d for help. Two citizens rnn to his aid. 11t sight of whom the uccmwd and his two companions took to flight. The information lm\'ing been udmitt('(I, till' trial begun. Ueorge M. Saul. E. J. Saul, the policeman Damaso Gonzalez. nnd the police sergeant Pedro Carpio, witnesses for tlw prnsecution. tC'slified that o'n the night und in tlw street referred to tlw policemun Gonzalez, who was on patrol duty. encounterC'd thre<' American soldiers; that one of tlw>ll', the dl'fcndant hl'J'cin. asked the oflicC'l' if he wanted to fight, to whil'h thl' latter rt'plil'1I iu till' negatin·: that the defendant repeated tlw 1111t•>ltion. and th1•11. without wait· ing for a reply, seized Gonzah•z hy thC' throat, ihre>w him to th1• ground, and struck him se\'eral hlow,; with ihl' club whil'h hl' >illl'ceeded in wresting from thf' polil·e111a11; that thl' latil'l' thereupon shouted for help. and, ha\'ing s11C'ceed1•d in rl'guining hi,; fl'C't. reco,·ered the possession of the duh which his nssnilnnt hnd takl'll from him; that at this point two mttin• resid1·11t,; cinu1• to the aid of Gonzalez, who ordert•d his nssailant to ,;land wlH're he was; that us the latter took no noticl' of the command and began to run Gonzalel'. discharged his r1•volver four time> . .; and started off in pursuit, followed by another policl'mnn patrolling Duran Street; that the soldier was !IC're o\·C'riakC'n. and. aftn a stn1ggh• between the two policl'uicn and tlw accused. the> thrl'e fell to the> ground, nil more or less injured; that at this morne11t Captain Ferr~· appeared on the sce>nl', and that he. with the lwlp of Sl'\'NUI citizens, carried the wounded soldier to the hospital. 01w of tlH' policemen being home by otlll'n; to the hous1• of ).lr. Saul. Ii seems that the policeman who n•sponded to ti\(' calls of Gonzilil'z was the sergeant Pedro Carpio, am! thal hl' assisted Gonzalez in the struggle resulting from tlw l'fforl to ancst the defendant when hr. attempted to e>s<"<lJW. ('aptain l<'err,v and Sergeant Cerera appuently anived on tlw sc·e>ne> as tlw three men fC'll to the ground. The witnesses who tt• . ..;tiliC'd stated that tllC'y w1•r1• able to identify the defendant, Cox. ns il1c 1111111 arrested on tlw night in question for the reason that tlwre was a full moon 11t the time and because they had looke>(I at him carefully. Tlw first witness, George i\I. Saul, also trstified that he thought the de· fendant was drunk at the tinw. as he stuggeJ"cd when he walked. The accused pleaded not guilt;'>'. hut prC'Sl'nted no e\·idence on his own behalf. The judge below. in \'i(•\\' of the fact that th(' d1·fendant's attorney admitted thC' identification of the accused hy the witness C. R. Maun. and tlw trnth of thl· (loC"tor's si.atenwni that the contusions sustained by GonzalC'Z Wl•re se\'entcen days in healing, rendered judgmrnt on thC' 8th o/. .June declaring tilt' deft>ndant guilty of brea('h of the peaC'<' and condt>mncd him to tilt' paynwnt of ii fine of 125 pesetas and costs. J•'rom thi1' decision the prosecution :tppealed. The facts ;:('t forth C'onstitute the crime of assault on a polict• officer, covere>d by artielc» 24!) and 250 of the Penal Code. The municipal polil·emnn Damaso Gonzalez while patrolling one of the streets of tlw (•ity of loilo in the- performance of his dut;-.• wns assaulted by tlw clefC'ndant and two others. It was not shown at the trial thnt the policemnn gave any cause for this aggression. .Among others, those nn• guilty of the crime of assault upon an olficer of the luw who citlwr nctunlly attack such an officer, or who employ foree against him 01· ilu:eaten him with violence, or make other equall,Y sl'rious resistance to him, while he is performing the duties of his office or by reason thereof. (Art. 249 of the Code.) Notwithstanding thC' dl'fentlant's plea of not guilty it is nevertheless indubitable that he was the author of the crime in question. He was purs11t'd hy nonznle>z nfter the assault, was later anested by Gonzall'z und thr. other policeman who came to the latter's ai;l, and hns since been identified ·by the victim of the assault. Ii cnn not lil' questioned that tlw defendant is the person who was taken in charge by Captain F'erry, of the American Army, nfter the occunencc. This took plaee in the presence of several citizens, who, attracted by the cries of the injured police· man and by the re\'oh·er shots following immediately after, had ulso run to his assistanl'c. It is, therefore, a fact fully prO\'l'n by the evidence in the case that the defendant, Hosl'Oe e. Cox, without previous provocation or other justifiable motive. assaulted the policeman Damaso Gonzalez, who was ni the time discharging his duties us such officer, inflicting upon him injuries more or less serious. The defendant should therefore be cond1•mned, as author by dil'ect participation of the crime of 11ss1111lling a police officer, to the penalty of prisi6n correcci<mal in its minimum und medium grades, together with the line provided in the last paragrnph of article :,!;)0 of the Penal Code, therl' ha\'ing bel'n present in the commission of the crime none of the four (•in·umstanees mentioned in utiele 250 ;thove cited. Sinl'e the accused was intoxicated at the time of the <·ornmission of lhe oll'ensl'. the sixth mitigating circumstance mentioned in article () of thC' Penal Code should be considered present. Then• a1·1• no aggra\'aiing <'ircumstances to olTset the effects of this mitig'llting C"ircum>liancc, and the penalty should accordingly br lixe>d in its minimum grnde. · Fol' the r~asons nhon• set forth we think the sentence appealed should be re\·crsed and the a('cnsed Rosl'Oe C. Cox condemned to the penalty of six months and one day of prisiOn correccio11al togethel' with the> accessories mentimwd in article 61 of the Penni Code, to the pa;-.•ment of a line of :17:i pC'setas, or. in case of in· >iOl\'ency, to sufl'l'r the corresponding subsidiary imprisonment at the rate of one day for l'H~:h 12! 1wsetas unpaid, nnd to the payment of the> costs. Arellano, C. J., Cooper, Willard. Mapa, McDonough, and .Johnson, JJ., concur. Ju.dgment mod.ifk<I. [No. 1697. January 18, 1904.] l/{,'.\'/C/J'.I/, ('()C.H'/l, OF '/'UR n:wno OP SAV1':L ROS.-1. pefition<'r. 1:.<:. 'l'Hl~' PIUHT.\'CI:\/, HOAR]) 01'' 1'/IB PR01·. INCE OF J,AGl . .V:1, re.<iprmdl"lil. MUNlCIPAL ELECI'IONS; ACTIO!' Ot' PROVIl'CUL BOARD; PRELIMINARY INJUNCTION.-Where a provindal board, acting upon an objection presented to It, finds that lllega\ltles have been committed In a municipal election, and has ordered a special election to be held, an application tor a preliminary Injunction thereafter must be denied, there being no partlcular act on the part o! SllC'h provlnelal board relatlng to such election which it C'an hi!; enjoined from doing. You can not enjoin the commission of an act already done. • Headnotes by ~fr. Justke Johnson. 112 OFFICIAL GAZETTE 2. In.: VOID ORDER OF PROVINCUL BoAllD; ACTION OF MUNICIPAL ELECTION BOARD THEREON; PROHIDITION; PRELIMINARY JN.JUNCTION.Where tbe res~tution of a provlnch1l board directing the holding of a special election Is of such a character that prohibition wlll lie to prevent the municipal election board from complying with tile same, a preliminary Injunction may be grunted to enjoin the election board from action on such resolution during the pendeocy of the proce~dlngs on an application tor a writ of prohibition. ORIGINAL PETITION" fol' 11 writ of preliminnry injmwtion. Thf' facts nre stated in the opinion of tlw l'OUrt. FELIPE G. CALDEl!ON, for petition('!'. Acting Attorney-General ARANETA, for respondent. JonNSO~, J.: On the Uth day of Jnmmry, 1904, the plaintiff nmdl' npplicn· tion to Justice \Villnnl, of this court, pmying for n prl'liminary injunction ngainst the said d<'fl'nd1rnt, to prohibit it from ex<'· cuting an order of the 17th of D<'<'ember mnde by the Haid bonrd, which order dirE'cted a special <'IE'ction to be held in the pueblo of Santa Rosa, of said province, on tlu• lith da~· of ,January, 1904. The application for the prelimina1·~· injmwtion wns 1lenied by Justice Willard. On the ith day of Jnnmtry th<' ~mid plaintiff. having been notified of the decii;ion of Justic<' \\'illnrd. nmendl'd said application by making it an npplication for thr snmt• pre· liminary injunction to this court. The fncts in the st1id appli· cation for the said preliminary injunction arr as follows: 1. That on the lst day of DecE"mber the C'lection for unmil·ipnl officials was duly and legall~· held in tlw snid municipality. 2. That on the Mme day notice wns gh·en, grunting n period of three days.within whi<'11 nny rl'sident of the i;aid municipality of Santa Rosa might present to thC' snid municipal board of cil'l" tion, or to the prci;ident of the samC', by writing. protrsto; to be justly and legally considered against the parties declared elected by the electoral judges. 3. At 6.15 on the night of December 3 a protest was presented to the board of clrrtors for supposed infringement of the elections, the nullity of which was asked. 4. Notwithstanding said protests, the prO\'incial board of La· guna declared the elections ,·alid und ordered the municipal secretary of Santa Hosu to communicnte to the newly elected officials thnt they could qualify am! tnke possession of their respective offices the first :Monday in January. Said ruling of approval was adopted by the JH'O\'incial hoard of Laguna in srssion hl'ld the 7th duy of Dl'cC'mbrr. rno;l. in the• following terms: "In yfow of the duplicatl' rl'turn of ti](' muni(·ipal elections of • • • Santa Ro~a • • °" und thl' pro· tests presented. the board has rt'soh·l'd that said municipal elections were legal, considrring- ltH' moti\·C' upon which thr protests were founded insufficient to hcliel·e that thr l'C'snlt of the elections is not truly the will of the ele<'tori;." Not\vithstanding the said decision of the prol'im·ial board. it did, by a ruling of the lith of De<'embcr, 190:!, amend it;:; np· proval in these terms: "Agapit.o Carpena and other residt>nts of Santa Rosa, ha,·ing prcsehtt>d to the prm·indal board nn ampli· fication of the protest against the result. of thl' munieipal elee· tions of said puchlo, and it appt•aring that an eno1· was nrnde in approving the result of ti\(' municipal elections of Santa Rosa, and it having been found upon u furtilC'J" examination of the protest that them wcn• mo1·C' \"Ott•rs who <leposit<'d their ballots in the ballot box than actually appeared in llw list pre\'ionsly posted in the public phH'<'s: Jt ill rcsolvl'd, Thnt tlw approval ratified in the session of D<'ccmber 7, 1903. be amended, that the result of tlw munkipal elcctiou of Kanta Rosa hl' cl1•clared ilh·gal, and that a new municipal rleetion be ordrn·d to be held on Tuesday, the 12th of Jununry. 1904, and tlrnt t.his resolution be communicated to tlw municipal t·ouncil and to the boanl of <'lc<'toral judges." 8l'<'tion Ia of Act Ko. 82 of the Philippine Commission pro· \•idrJI fol" the nwlhod of counting the b;\llo.t!\ and til'<fa.i·ing thl' result in municipal elections in these lsland!l and provides for a tel"m of three dnys after the counting of the said ballots in which "any resident of the to\\•n may Pl"('."enl to the board or to the chairman thereof, in writing, such objections us he may deem just nnd legal against those dechu·C'd el<'ct<'<l." .Subsection ( b) of said section 13 prnvides that "on the day following the :-mid term of three days a duplicatt• of the elPction ecrtificat<' and the objections made, if any, shall be s1•nt by the chairman of the board of judges to the pl"ovincial board. Should the pro· ,-incial board, upon investigation and after lwnl"ing the e\'idence, if necessary, find the election legal, they shall, within seven dayr-1 after the rC'ceipt of said doeument, direct the newh· <'lcctcd office!",; to qunlify and enter upon their duti<>s by tlw :lay fixed by this Al"t; but if the provincial board determines that there lutr-1 bC'en nn illegality commiltE'd in the election of any officer nr that. nny cnndidute returned is not eligible, they ~hall so dt•clurC' in writing, wilh the rC'ason therefor, and shall order a special l'll'l'tion' to fill the \'acancics thus occasioned and shall t•c>rtify their finding and Ol"der to the munieipal secretary, who shall sprcncl the same on the records of the council." The facts quoted from the application of the said plaintiff show the following facts: I. Thnt the c>lPction was held on the 1st day of December, 1903. 2. Th11t upon the Cl'ening of the ad day of Decembcl" u protest wus prcst•nh•d to till' election board. :l. 'rlml upon the ith day of Decembt>r, 190:J, the said prol'incinl board found the said protest insufficient to declare the snid mtmil·ipul election illegal. 4. Latrr. upon the 17th day of December, after having been prN•<'nkd to the said pro\'ineinl board nn amplification of the fornm· protest against the il'regnlarity of the said ell'ction in the said munieipality, the provincial board amended its resolution of t\J(' 7th day of December, Hl03, nn<l declared the said municipal t'lection illegnl, and, in accordance with the provisions of sub!!l'cl ion ( b) of section 13 of the said Act No. 82 of the Philippine Commi»sion, ordered a Ill'W election to he held on the 12th <lay of .runuuQ'. 1!104. Ket"tion 1112 of the Code of Civil Procedure defines an injmwtion a:< follows: "An injunction is a writ or order requiring n person to refrain from u particular act." In thl' foregoing case it appears that the provincial board has done all it can do with reference to the speeial election to be hrld in ti)(' snid pueblo of Santa Rosa. The rccoJ"d shows that it has ordl'l"l'il the rleclion. E\'crything that is to be donf', with n•fcr1•nel' to the rlcetion, sub,;equcnt to the said order, is done upon lhe part of the proper officials of the municipality of 8antu Hosa. There is nothing left for the provincial board to do with reference to the speeial election so ordered; therefore. there is no "particular act" on the part of the said provincial hoard r<'lating to the said C'iection whi<·h this court can order said provineiul board to refrain from doing. The application for the pr<'liminary injunction is therefo1·t• denied. Subsection (b) of section 13 of said Act 82 provides that tlw provindul board "shall, within seven daJ/S after the receipt of snid documents (protest), direct," etc., either that the newly eh'<·tC'd o!licers <'nter upon their duties, etc., or "shall order ;l sp<'<'ial t•lection," etc. If. for any renson. the resolution of tlw pro\'in<'inl board should be \'Oid or unlnwful, tlwn the proper partit's might, b~· a preliminary injunetion based upon a final right to tlw writ of prohibition, pre\•ent the municipal election bonl"d from complying with tlw same. Arellano, C. J .. Torres. Cooper, \Villani, Mapa, and McDon· ough, JJ., concur. ,tpplicatimi denied. Ol<'l<'ICIAL GAZETTE 113 - - - - - - - - - - - - - - - - - BUUEAU 01' THE INSULAU TREASUREU. Banco Espaiiol-Filipino-Statement, December ~I, 190,'J. Resources. Liabilities. -~~~----~----11-----------------~---­ Capltal stock---------------------------------------------------i Pl,500,000.00 Reserve fund: Pro).!ii~~iture and fixtures----------------------------- P4,99l.64 Rea.I estate----------------------------------------- 405,45&.12 Securities: Notea and discounts~~r~~~~g)~~~~-~>~:::::::::::::: ~:~::~ -------- P67,S!l7.96 27,800.00 Correct:· 617,683.29 110,000.00 36,000.00 9[1,197.96 EUGENIO DEi. SAz 0R07.CO, Diredw in Charge. P410,446.76 OPINIONS OF THE ATTOUNEY•GENERAL. Allegiance; domicile; citizenship. :\lANILA, P. I., December 1, 1903. It is the general rule of international law that those who remain in a conquered or ceded country transfer their allegiance to the conquerol'. This is a rule of necessity and convenience, as the new sovereign has the right to know who owe allegiance to it and who do not. In discussing this matter Halleck on Inter· national Law (vol. 2, p. 4i6) says: "If we abandon the old principle of forcible and absolute transfer of allegiance and adopt that of express or implied consent, it is necessary to adopt some rule of eviden~e by which that consent is to be determined; and we know of none better than that of domicile as laid down by the Supreme Court of the United States and approved by the best writers on public law." Continuing further, on page 4i8: '·The inconnflicnce to those who do not transfer their allegiance, arising from making the law of domicile the rule of evidence by which to determine the comient of the conquered, may be avoided by treaty stipulations, or by the municipal laws of the conqueror." The presumption is, therefore, that all who remained in the!!e Island!! transferred their allegiance to the United States. The treaty of Paris in pro\•iding the method of requiring all who wish to retain their allegiance to Spain, to be registered, is the usual procedure. In the absence of the trf'nty stipulations, all Spaniards who remain in these Islands would give up their allegiance to Spain. Therefore, in order to retain their old allegiance they must conform strictly to the treaty and be registered in the court of reconl, in accordance with the treaty of Paris and the municipal law of thei:;e Islands. 1 ngree with Mr. Beaumont tha.t a consul does not hold a court of record, and therefore that Mr. Yecara is not a citizen of Spain, but of the Philippine Islands. L. R. WILFLEY, Attorney-General. The ACTING COLT.ECTOR OF CUSTOMS, Manila, P. l. ~ru~tary·:::::::::::::::::::::::::::::::::::::: '"~:::::gg Depo91t8: Neceso.ry~~~f~~~~ic"y~~~~::::::::::: if.Wi:Tl 890,000.00 Volunte.ry~~f~~nr:~gy~~~~:::::::::::: 282,~:= 16,84.1.U 282,405.69 930,S78.65 1,229,625.48 J. SERRANO, Accountant. BUREAU OF CUSTOMS AND IMMIGUATION. EXPOUTS DY CALENDAR YEARS, Exportsfrum the Phllippi11e 18la1UU, by article8,for pt:rind of American occupation by cale11dar year8, AugustfO, 1898, !o December 31, 1903. [Values expressed in United States currency.] Article&. 1898. 1 1899. 1000. 1901. - - - - - - - 1 - - - - - - - - - - - - - Hemp ---------------------.---- 83, 039, 767 87, 993, 574 813, 290, 400 815, 976, &10 ¥~t:co:::::::::::::::::::::::: !~:~g ~:~ ~:}~:~ 1·~ll:= Clgara -------------------------- 930,876 945,699 1, 1"8,417 1,882, H9 Cigarettes---------------------------------- 1,003 5,952 12,562 Silver coin, Mexican___________ 157,42Ii 91:13, 717 3, 146,6.19 7,809 r1~~8:.ii&ngo11==================----~~~~- 3·4~:rJ 2·3~:m I 2·r.:~:~~ Coffee -------------------------- 837 12, 132 3, 142 5, 437 All other article&t______________ 623,441 4,400,053 3,~91, 19'.2 3,235,309 _Total~-------~-~===-~~~1~ I I TotaldurArttcles. 1900. 1903. 1 1rc~::~r' cupatlon. ~~J/}]~-l~j]~I I AugtL~t 20 to September 31 only. 21nclude.~ also reiixportatlons. Chief articles of export by countries, calendar years 1902 and 1908. [Values expressed in United Stntes currency.] ThC' following tables show the countries; to which the leading articles of export were exported during the two calendar years 114 01r1nCIAL GAZETTE ending December 31, 1903, the· vnlue being the invoice value!! at the porls in the Philippine Islands from which exported, at the time of exportation, expressed in United Stntes currency: Tobacco. I 902 . ~ 1900 . ___________ ' ' Spain--------~------ --------------------------------- 8.">78,000 $178,879 Austria-Hungary__ ----------------------------- 142,000 163, i74 n~1r~~taiei::::::__ ________________________________ n:~ .'i,~~~ Netherlands________________ 40,828 57,0i6 ~~l::~~o!~~~:::::::::::::::::::::::: ~:~ ! J~:~ Total----------------------------------------------:-~~ j _ \l.">.5,980 Ilang-ile.ng. ' France--------------------------------------------------' ~~fl:3itite;:::::::::::::::::::::::::::::::::::::::::::: All other countries------------------------------------Total---------------------------------------------163,:!iO """ 11,243 9,28:1 8-1,:':196 ! $10~:~ 9,621 9, 11~ 123,182 &port« from U1c Philip11inc llll«nds, l1y l'fl1't8, for the calelldtir 11car ending J)eccmbcrSI, 1909. (Values expressed In United States currency.) The chil•f articles of export from Jolo are mother-of-pearl, tortoise, and other shells. A11 will ()(• seen by refening to Table No. I, hemp constitutes mon! thnn one-hnlf of nil exports from the Philippine Islands and has for thC' entire period of AnU'rican occupation shown a steady 1111d rupid grnwth. A continuous inl'l"ease in the exportation of <'Opra hus al!io been maintnined, and the item of ilang-ilang oil is assuming some importance and giving much promise. The items of tobacco, cigars, and sugar about hold their own in spite of unfnvornble conditions. Mexican silver coin is included bC'cause it has been made 1tn article of commeree in the Philippine Jshmds ns wl'll as n measur(' of value. The exports of Mexican cmTc111•y during th<' year just closed have aggregated about 18,000,000 Ml'xican "dollars," and the imports the yenr previous \l"1•re as gl"eat. Coffee. 1902. IW:I. The growth of Philippine products during the period of Amerienn oeeupntion is encouraging when eonditions are considered, Hongkong _____________ ---X~11~~~rEc'!;~~~rfi~ :::: St,2;2 1,000 1-'>l 1~~ :,~::si~~~t:~ti:~~v ~~:~ii:!~'.ig T~!!t~('ut~:~~o!~:i~~e ~:~a~~:s:n~:~o m:~: Total __ -------------------------- ----------------!,~~'·~"~'~~l~,09~5 ~~:.:·:~E~~c;;-c~~l ·;ml :~s --T~~==----·-~~-~=-~=~~~--=-----=-2,-316,000_i __ ~~~~ Cigars export<'d to the aggregate value of $961,355 in 1903 were distributed quiti> gem•rally among thirt:i.• different countries, no other article of export from the Philippines being so widely and generally- distributed. A very large amount of sugar, product of the Philippine Islands, is used for home consumption without being refined. lts use in the raw state is quite geneml among the native11 and Chinamen who make various kinds of "sweets" of it. France receives about 72 per cent of all copra exported, nnd almost 83 per cent of the entire l'XpOl"tS of ilang-ilang oil. Neal"iy all the products of the Philippine Islands are sold to gold-standard countries. fornrnblc conditions is certainly bright and possibilities arc great. The statistics are self-explanatory. Following is a table showing the net tonnage of foreign vessels entering the port of Manila from and clearing for Hongkong with c·argo during the Ii.sen! year ending June 30, 1903: --r- ---------To~--;1 v 1 v I tonnage eni~J. Tonnnge. cl~reJ. Tonnage. ena~~ cleared. 1-------- ---- --Fl!lg. Amcrlcan ____________________ _i to i,218 6 29,929 29,147 !!~~1~~::~-~-~H=~~~~~;~!::::::,~:::::~:·~::1-:----1~-!--~-m- ~·i Total.. ____ -:-----------_! __ w_; j 346,451 1------m-14S6,4581 i82,909 OFFICIAL GAZETTE 115 It will be noticed that then:! is considcrnblc discrep111wy hetwren thC' numb<'!' and tonnage of n>sscls entered and clenred. This is nccountl'd for In· ,the foct that mnny Yessels enter from othf'r ports and clear. for Hongkong-, nnd that some VC's..icls clear for Hongkong when the final destination is, in fact, some other countrv. This is true of the oncr-11-month through \'essels of the Pacific. )!nil, which nnin· from :s';\gnsnki and clear for Hongkong. to remain there a few tla~·s for repairs before ch•aring for the Unitetl Stntes. Japanese vessels nlso frequently arrive from Nagasaki imd clen1· for Hongkong. The table affords tlw most ;1ccm·ntt• d1tbl nn1ilnbl1• for estimating the tonnage of the cnrr~·ing trade betwl>ell Hongkong nnd .Mnnihl, us it excludes nil vessC'ls in halla!<t plying either wny between .Mnnila nnd Hongkong. It will be noticed that in the cnrryinJ! lnHlc hehycl'll Hongkong and :Maniln. JnptmC'sC vessels control 111on• thnn om•·third the entire traffic, .;tnmling !l('Xt in importnnc1• to British \·1•ssC"ls. The total number of Japnne,,;l• \'t'ssd,; t>ntl'ring the port of Manila during the year ending Dect•mhcr :H, l!lO:J, from nil ports, was 91, representing a tonnng<' of 2:1;,,::i:l:\. Th<' numh<'I' of Japanese vessels clearing from the port of :\lnniln during thr snmr period was 89, th<' aggrcgntc tonnnge bt'ing 2:JO,i08.' ~ETll P. Mom.EY. Chief of the CoMular mul Ntatistir.al Divi.~im1, .Jfa.nilrt Cu.stoin-flo1isc. TARIFF DECISION CIRCULARS. ~o. 351.-----Japanese bee/' bottles. :\IA:-;"ILA. December 14, 190.J. To all Collectors of Customs: The following is hnt•Uy puhlislwd for till' infommtion and guid· ance of all concerned: ''ln the matter of protest :So. rn:l5. li!C'd ~larch I:!, 190:1, by Messrs. Murphy. Morris & ('o., ag:ninst the action of the Collector of Customs for the 1'hilippi1ll' Island,;, acting as Collrctor of Cus· toms for thr port of :\lnuila, a:< to tlH' apprnisl·d vnlur on cerli1in glass bottlr.s <J .... <·('ribcd in Entry Xo. 481G, Vouehrr ~o. 8108, pnid March 11, 1903. "The claim in this casl' is again,;t thr Yaluntion·returned upon certain Japn1wsc beer bottles (pints), 1!11tiablc under paragraph 12 of the Tariff Revision Law of }!)QI, nt $0.80 pC'r 100 kilos, or 20 per cent nd rnlon•m. :\"o c1uestion of classification is involved. "The bottll's wl'rl' apprnisc•cl at $0.03 each. Tlw inYoict• is silent and does not n•\·enl the co.st of thl' bottlr.s. and in fact this office is aided by no evidence whntrver from the importer. who confinei'l his efforts to a long argument. ''The burdC'n is upon the prott>strr, who claims l'Tror in such classification, to establish his claim by a preponder1mc1• of tht; evidence. (Tariff Decision Circulur ::So. 27i.) This the importl'r has clearlv foiled to do. lndrpl'nd('nt invl'stigution conduct<'d hy this offi<'<': howrver, reveals thl' fact that thc.sr bottlrs cost in thr principal markf'tS of .Japan, 2.1 sen C'ach. the labels cost about 0.2 sen each. while the cost of the othl'I" elaborations. capsulrs. corks, Jnbor. etc .. will bring the total valur up to 4 sen each. "This protest is according\~, sustninf'd in part. and the mtry will br reliquidatrd as indicated. resulting in a refund to thl' importrr of $19.35, United States eurrrney. (Siwird) H. R. ~fcCoy. ActinJ! Collector of Customs for thr Philippinr Islands." H.B. McCoy, Acting Collector of Customs for the Philippine Islands. 1 [NoTK-The Influence on trade that the withdrawal of Japanese vessele from this eommerr:e will have. In c:-onsequPnce ot the pros11er:ts or war hf'twePn Russia and .Japan. may be seen rrom the fa('ts abovf' set forth.l :\o. 352.-foterprctation of Rrtles 5 and 11 of tltc Ta1·iff llevi8ion Law of WfJI as applied lo /.;nill1~d <01d l<tce .~hau:fa .conta·ining mcl<1l tltrf'uds. • MANILA, Ucccmbcr 16, 1!!().:. 'J'o c1.U Collel:lors of Customs: The following i-; hereby puhlbhcd for the information and guid11nc1• of nil concerned: "81H: Hl'plring to .vour n•111wst for an interpretation of rules 5 und 11 of tlw Tariff llevisiou Law of 1901 as applied to knittr'l and lace shawls 1:ontaining lll<'tallic threads, I lmve to inform you ns fol lows : "llnlcs 5 anti 11 proddc as follows: "'Ru1.E ;). All kinds of knitted stuffs and tulles, laces, and blond<•.-;, wh1·n mix1•d, shall he dutiable accol'ding to the conesponding: numlJPrs ot" tlw clns,; comp1·ising tlw t.h1·pa1ls of the material most highl~· b1x1•1I. whalt•ver be the proportion of such threads in tilt' textill'.' •· 'Huu: 11. 'l'l'xtil<>s and trimmings contuining metallic threads, in whatewr prupol'tion. shall l1t• liable to the duties leviahll• therl'oll, plus tlw surtaxes C'stahlislwd in e\'PI")' casC'. ""l'extill's 1•xclusively compost>d of lllt'tullic threads shall he dutiable according to Cluss VII.' "You stntc that it has bC'l'n the pmctice of your Division to consider rnle 11 in comwction with rulr 5, and to classify such articles under parngrnph li4 at tilt' rntt• of 45 per cent ud vulorem . "The prcnmhle to rulc f) prnvidl',; thnt 'for knitted stuffs, tulles, lnCl'f;, blondl•s. nml ribbons, comp01>l'd Of nn admixture, exception to the pt'ecedj·11y rnl<>s l'lhnll br madl' in the following cases.' It is therefor1• ('\"idcnt that rnlC' ii is nn rxcrption to rull'-"' 2, 3, and 4. only, which prm·idl' rulf's for the nssC'ssment of duty in I'll<;<'.~ of admixture. nnd can have no application to rule 11, which is pl'rfectly clC'nr when considered by itsl'lf. Rule 5 does not stand nlont>, to hi' intl'l'prett>d in connection with the various rules in the tariff, but is simply an cxception, withdrawing certain classes of textiles from the operation of the rnles which prf'cede it. "Knitted and lace shawls containing metallic threads are thereforC' properly clnssificd undC'r their respective paragraphs, with such surtaxf's as mny be applicable, as provided in rule 11. Respectfully. (signrd) H. B. Ml'Coy, Al'ting Collector of Customs for the Philippine Islands." H.B. McCoY, Acting Collecto1· of C11stomR for the Philippine Island.~. No. :160.-Packing for printing paper. MANILA, January 12, 1904. 'fo alt Collectors of Customs: The following is hereby published for the information and guidance of all concerned: ·'8m: R<>plring to your communication of December 18, regarding the assf'ssmf'nt of duties on certain packnges of printing paper, l have to inform you that upon a reexamination and investigation of this cnsC'. it appears that said bales of paper were packed as follows: "The paprr wns covered with a jute textile, and boards of soft pine were th<>n strapped outside of the jute covering, being held in place with bands of strap iron: these boards were laid parallel with pitper for thl• purpo!'le of protecting it, and to prevent thC' pup<'T from being bC'nt or doubled up, and also to serve as a packing or covering to said paper, 28,600 square centimetrrs of the l'xtrrior of said ball's being covered by thC' wood packing, and 12,000 square crntimeters underneath said bonrd packing being covNcd by jutf' textile which was visible from the outside. The question of component part of chief vahtf' does not enter thii=i easr. it being clear that the pine hoards nrf' the common 116 OFFICIAL GAZETTE exterior packing and the jute textile surrounding the paper, an interior packing. The exterior packing is therefore dutinblr under paragraph 102 C of the Tariff Revision Law of 1001. The jute textile surrounding the paper is nn interior packing and under rule 18 is dutiable with the paper itself. Tariff Decision Circular No. 285, in so fur as it is inconsistent with this ruling, is revoked. H.B. lkCoY, Acti119 Collector of Customs for the Philippine Islands. No. 362.-(1) Paper tw711..·i11s, a lux111·y or" necessity; (2) defining a mmwfacturcd papa. MAXILA, ,Ja.11um·y J;j, 190,S. To all Collectors of Customs: The following is IU"reby publislwd fol' the information and guidance of all concerned : "In the matt<.•1· of Protest Ko. 2125, filed May 9, l90:l, by Mr. l\I. A. Clarke against the decision of the Collector of Customs for the Philippine Islands, actinA" us Colle<'tor of Customs for thl• port of l\fonila, as to the rate and amount of duty chargeuble on certain merchandise described in entry No. 9528, voucher Xo. 15209, paid l\foy 7, 1903. "The claim in this case is 11gainst the classification of certain paper napkins as 'manufactures of paper,' und('r paragraph 190 (a.) of the Tariff Hevision Law of 1901, at $0.20 per kilo, 11s entered, instead of as 'tissue paper' or 'paper not otherwise pro· vided for,' under paragraph 187, as now claimed. "The importer seeks to raise two quC'stions by his protest-first as to whether such napkins arc a ltLxu1y or n ncccssit;..- and n.~ such entitled to a low mte of duty, und, secmul, wlwtlwr su(·li napkins are 'mnnufnctures of pnper.' "The first question is one entirely beyond the prnvince of this office to determine or C\'en to consider. In the interpretation of such a tariff as that of HlOl there is no presumption thnt it was the intention of Congress to protect uny local indu.itry nor to discriminate for or against either luxuries or the necesities of life. The question of the propriet~· of putting a heavy duty on any alleged necessity j,; one prnper for argument before tlw law· makers of the nation, but not here. This office is only eonC'l'rlll'1l to disco\'er the intention that Congress actually had nt the time of the enactment of the tariff. This intention is best expr('S"<'d in the \'ery words that Congress chose when it frnmed and enacted that tariff, and those words can not be eontrolled or modified in any way by merdy tht>oretical consid<'rntions. (Tariff Decision Circular No. 338.) "The second point is that these good-; are paper and not 11 manufacture of paper. A manufactured artidl' is one so changed from its raw or original state that it is made into 11 new and different article. The test is usually to be found in that commercial usage that bestows a new and disti1wtive name upon the complete article different from that gin•n to thl' raw material. The rule has been thus judicially expressed: " '\\'here an article has been advanced through one or morl' processes into a completed commerciul article, known ancl n·<·og· nized in trade by a specific and (listi1wtiw name other than the name of the material and is put into a complete shape designed ·and adapted for a particular use. it is deemed to he a manufacture.' (Erhardt vs. Halm, 55 Fed. Rep., 273.) "The difficulty comes in distinguishing a manufacture of paper as such from a hook, print, poster, calendar, etc.; in other words, where th<' only process of manufacture is running through a printing or lithographing: press. In order to arrive at the true 1listinctiu11 in sut'h cases it is pertinent to inquire thC' purpose for wl1ich the printing in 11uestion was performed. If the printing is the principal consideration; if the paper is but a background <'mployed, perhaps, on account of its cheapness. but whieh could be of some other substance without great loss of utility. then the paper is but accidentnl and the article is not. for tariff purposes, u munufoeture of paper. If, on the other hand, the paver is the principal considerntion; if whatever printing appears thereupon is merely to ornament nnd make more !Htlable an article thnt would perform ull its funC'tions 11s well without any printing, then such an article is clearly a manufacture of paper. The nupkinl'I here presented come clearly within the latter cat.agar~· and W<'re properly returned us manufaC"tures of paper. "Protest Xo. 2125, on the grminds above mentioned, is therefore overrnled nnd denied. (Signed) H. B. McCoy, Acting Collector of Customs for the Philippine Islands." H. B. McCOY, :lcting Oollcctor of C1t.~toms for the Philippine Islands. No. :163.-(1) Maltese or Uozo knitted lace shawls; (Z) 1defiwing pa,ragraph 178. MANILA, January 15, 1904. To all Collectors of Customs: The following is hereby publii;hed for the information and guidance of all eoncerned: "In tht.! matter of Protest No. 1944, filed March Hi, 1903, by A. :\!. Essnlthoy against lhe decision of the Collector of Customs for the Philippine Ioilands, ncting as Collector of Customs for the port of ).lauila, us to the rate 1md llmount of duty chargeable on 1·ertnin merchandise described in entry ~o. 5107, voucher No. 8615, paid Mnl"ch 14, 190:l. "The claim in this case is against the Qlassification of certain shuwls us 'silk laces,' under paragraph 174, of the Tariff Revision Law of l!JOI, at 4;) pea· cent ad valorem, instead of as 'knitted goods of silk,' undrr paragraph 173, at 35 per cent ad valorem, ns entered. "The goods in question consist of shawls which are in reality knitted throughout, but which are commercially known and sold as Maltese or Gozo lace slw1vls; the commercial designation, however, can not b>"OVern where the nature of the merchandise is in c·ontroversy. The question to be determined in such cases is: Are the articles composed or manufactured of the material or substance specified; and is merely 11 question of fact. ( Cadwa.1luder vs. 2 Ch .. 151 U. S., 171; Barber vs. Schell, 107 U. S., 617; ~nnier rs. Schell, 4 Blatch., :J28.) "These shawls then being undeniably 'knitted' must be classified under paragmph li3, and it only remains to be determined under whid1 subdivision thereof. Paragraph 173 (a) provides for 'jers1•ys, undershirtl'I. and drawers,' and is not applicable. Paragmph l i3 ( b) provides for 'stockings, socks, gloves, 11nd other smull a1tieh•s.' Both (a) and (b) prnvide for articles of per· .ionnl wen ring apparel, and the only perceptible difference between them is in tlu· size of the goods enumernted. J>aragraph 173 (a) provid('s for the larger knitted articles customarily worn, a.nd parngrnph 173 (b) for the smaller; on no other basis is it possible to ncconnt for the different rates of duty. The words 'other "mall articles' th<'n can only mean other articles of wearing npparel smallel" than those ennmernted in pal"llb'l·aph 173 (a). Any other interpretation would eliminate the word 'other' from the luw, and would be repugnant to the rule that force must be given to every word. These shawls can not be described as small('!' than jerseys, undershirts, 01· drawers, and hence should be classified und('l' paragraph li3 proper. ''Protest No. l!J44, on the grounds above mentioned, is there· iorl' sustained and a refund ordered to the importer in the sum of $34.45, Unitt>ll States eurrency. (Signed) H. K iicCoy, Acting Coll<"clor of Customs for the Philippine Islands." H. B. McCoy, .. lctiny Collcc/ur of Customs for the Philippine Islatuls. OFFICIAL GAZETTE 117 Xo. lJ-l.-1'11blisf1i11,11 :lcl .\"u. /IJ,J,j of the /'llilif•JJilH' Cummi:'1.~io11, 1111wm/i11!1 .<1cclio11 /,j of Act .\"u. "/II.!. 11ml scctiu11- 1 of Act .\"o. mm by CJ:fr11di11a the time for ('OlllJ1kfi11y the r('_qislr11tio11 of <'hi11<".<w i11 tire J'hiliJ111inc /.<ilamfa. '.\lAlHLA, ,/a111wry '}', f.!)().}. 'J'o lllf Colle<"lot.<: uf ('1udu11111. 11rori11ci(I/ trea.<:111Trs, 1111d olhf'r.~ COllC1'1"11Cd: PAllAGltAl'll I. Tht• followini.: is lH'rl'h.v puh\islwcl fo1· tlw informotion nm! :.rnicla1w1' of all t·OJH'Nnrd: ··tKo. 1oa;;.1 ··AX .ACT .UlEXJll'.\(; SECTIOX FIFTEEN OF ACT XU~I­ BEHED REVK\' lll"'.\DHED AXD TWO, AXD SEl'TJON OXE 01<' _.\('T Xl :\IBEHED XIXI•: Ht..::XDHJm AXD EWHTY-XJXE. BY EXTKSDIXU THE Tt:ME FOH C0:\1PLKl'L\.(; TI-IE HEWSTIL\TIO:S OF CHIKEHE IX THE PHILIPPIXE ISL\XDS. "\Ylwn•as it was impossihh· to t·ompkte thC' n•gistrution of all Chi1w,.;1• pt•rson,, in tl11• l'l1ilippi11C' ls\u1h1" within the eight months ending Dl'e1•mhN· tw1•nty-ninth. ni1wtt•1•11 lnmdrl'd and thr('l'. ns pro,·ided in .-\l·t,.; Xumbt•n•d :Sl'\'l'll h1w1ln·d nm! two Ill!(\ Xi1w hundred and cight:-·-ni1w: Tlwl"efon•, .. By a11ffiorify uf /hr {'11ilerl ."!/ale.~. 1.J,· ii 1•1wcl1"d by the l'hifi1ipi11c Com111i.~sio11, 111111: .. SECTIOX I. The tilll(' for sm•h r<'gistration is. pursuant to authority "gruutrd h;o.· ~rC"tion four of thl' .-\d of Cong-1·1t,,s. ap1irm·l'd April twPnty-ninth. ninetl'l'n hundn•tl aml two. lwreby t•xtt'nclt•d for a pt•riod of two months. lo 1lall' from Dl'eemhrr tw1•11ty-11inth. nineteen hundred and three. "Sn-. ::!. The pnblfr good recp1iring- tlw >i]Jt"t'<ly e11~1<"111wnt of lhi,.; hill. tlw passng-r of the ,;amr is ht•r1>hy ('Xpt•ditt•d in ;H·(·ordarn·<' with sPction two of 'An Act pre,;eribin;! tlw ord1•r of proeP1lun• by the Commi,;sion in thr Pnaetm<'nl of law..;." pa..;,,1•d St>pt<·mllC'r twent:-·-sixth. nineteen hundred. '"8Ee. :J. Thi:< .-\et shall takt• t'lfed. on it.~ pas.<.:nµ:t>. "}foaeted .. Jnnnary ti. 1!)04." PAK. 11. Philippim• l'U:>toms 011ie1•1s aml all n•µ:istrnrs a11tl deputy r1•gi>itrars of ('hinrsr shall gin• d1w pnhlieity to lht• tNms of this eirC'ular. I-I. B. McCOY. Adi11y Cul/f>f'lor of ('u.q/1m1s for lh1• Philinii1w 1.~lu11ds. ~o. 15J.-,';11s1w11.~i1JJ1 of /ili11.<1 <'him:1w /afi<,rrr.~' •tf-/•iindi1111s thirty days lwforr th1· 1xrlifi<'11/1·s 11/'f i1>.~1w1/ i11 order lo risi/ homeland. dc11ied. )lA:'i"ILA, .fo1111ary 7, l!JU,f. To all Collectors of <:11.slom.~. /'rori11ciul 'l'rru.q11rcrs, 1111d ol1wrs COllCl'/'llCd: The following is h('rt•h;-.· pnhli-=lll'd for till' informatiuu i111cl µ:nid· anee of all 1·011cenwd; '"Slit: In answer to rum· IC'ttl'l' of tlw :!d instant, in whieh, on behalf of many Chinl.'st• labon•rs. you petition that the ruling that requires the filing of lahor('l"s' applicntious thirty clay,.; before the eertificatp,.; arc is:>ued. IH' . ..;11,.,p1•nclc•<l until after Chin1•,.;e Xew Y<'ar. in onlt•r that l'hi1wsc so d<'siring may visit the honwlaml on that oecasion. 1 have to ach·is1> you as follows: "Se<·tion i of Act of S<'plember l:J. 1888, entitlrd 'An Act to prohibit the coming of Chines<' laborers lo the L'nite<l State:>.' which was expressly n·ena('tt•d in tht• ,\l•t of April 29, 1902. 1·xtending the Exdusion Law,; to the Philippines, provid<'s: " 'That a Chinese 1wrso11 daiming llw right to h(• pt•nuitted 1 o ]1.,n·e the L'nit<'ll 8tat1•s and l'l'lnrn tlwreto on an.'· of tlw grounds ,,lntl'1I in the• fur1•µoing ,.;1•ction ,;hall apply to the collector of c·usloms of t.lw di:4l'iet from whid1 h1• wishc~ to dcpnl't at leu,.;t ' " .. a month pl'ior to the timl' of his departure. etc.' "'The language of the foregoing is quite clear and imposes a PCl'lnin condition upon Chinese luhorers desirous of leaving the Islands and n•lurning thereto. "Being lnw 1111d not 11 regulation or l'Uling, this ollice is without arrthorit~· to ,.;u,;pend its operation. Your request is therefore m•<·<•ssarily deni<'(i. Jlespcctfnlly (signed), H. B. McCoy, Acting Coll('c•tor of l'ustoms for the Philippine lslands." H. B. McCOY, :IC'lill!f ('ofkclor of Uusloms for the Philippine Isla11ds. (Tl-HOMS Allllli'iISTllATIVE ClltCULAl!S. :\o. :!i l.-l'ubfishi11y .lei .Yo. 10,J2, l'hili1J1iinc Commissio11, prof1i-1:idi11y for paymc11t of saluri('s rrnd imposifio11 of lmrcs, etc., i11 /'Jiilippi11cs currency. MA:<'IL.\, December ;JJ, l!JI).~. '/'o 11/l l'olfcc/o/",~ of Custom.~: l'AllAUl!AI'll 1. ThC' following Act Xo. 1032 of the Philippine ('ommission i,.; ht'l'l•hy publi,.;\w(\ for th<' infornmtion and guidance of nil concerned: .. [Xo. lO;J:!.] ";\::\ ACT l'HOVIDIXU Tll.-\T TllE SALAHIE8 OF PHO\"IXCL\L AXD )lCXICIPAJ, OFFICERS AND E:\1l'LOYlmH SIL\LL BE FIXl<~D IX PHILIPPINES CUHHEXl'Y AT Tl-IE S.-\:\IE .·UIUl:XT8 XOW .ALLOWED BY LA\\' TO Im FIXED IN :\lEXH'AX CVHRENCY, AKD TI-L\T Tl-IE .-\SSES8:\IEXT, DIPOHITIOX, .-\XD COLLECTIUX OF 'L-\XI<:8, PU!LI(' DL'ES . .-\XD HIPOSITIONS XO\\' AL"l'IIOJUZIW .-\XD )JADE PAYAllLE BY LAW I:\ )IEXJL\X l'L'HHEXCY .SHALL BE :MADE PAYABLE IX l'HILIPl'IXEH l'L'HHEXCY ON THE IL\SlS 01" ONE l'lllLll'PlXE PESO 1"01{ OXE )JEXll'..\X DOLLAR, AND TIL\T .-\LL l'OMPEXSATIOX FOR IXSI:LAH OR PHO\"IXl"L\L OFFH'EHS AXD E:\IPLOYEES. AXD .\LL OF· FICL\L FEES AND l'IL\HGES XO\\' :\IADE HY LAW l'.\Y.-\BLE IX )JEXIC • .\X cunrnxcY SHALL HE PAY.\llLE I:\ l'llILll'l'IXES l'L'HHEXCY OX THE BASIS OF OXE PlllLJl'l'JXE l'l~SO FOH O:\E )IEXWAX DOLLAR ..Uy 1iu/ho1·i1,11 of llw l"11ilrd Nlalf'.';, I.Jr· ii ('IHWl<'d b.11 /he Philippi.1w Com111is.~io11, tlwl: "S~:CTJO;<; I. .\II [ll'O\'incial tn•a,.;url'rs, 1111mh·ipal eouncils, and otlwr 1mthoriti(',.; of c\'l'l"." kind in thl' Philippine Islands who ha\'1• aulhol'ity lo fix thr salari1•s of mnnicipal oflicers are hereby authol'i%cd und din•eh•d to fix su('h ,.;alal"ies in Philippines curreney inst1•nd of in )l<'xic·an ('lllT<'ll<'Y, nn,\·thing in exi:>ting law to the contrnry nolwilhslamling. All such salaries heretofore fixed in )Jexit•an <"llrJ"<•ncy shall. after Janual'y first, nineteen hundn•d and -four, ht• p;1yalih· iu Philippines CUITPncy 1tt the .<.:all\c amounts a,; now pro\'i<l1•tl hy law in )1exi('al! 1·11nenc:-· and shall n•main fixed at ,.;m•h amounts in Philippines ennt•ncy until ehauged h:-· competent 1111thorit;o.·. ··Si,:c. :!. On and aftt'l" the first da:-· of January, nitwtet>n hundrt'(\ and four. all public· 1hH•s, internal re\'emws, industrial. stamp. fon•stry. eeclula. licenst•. and munic•ipnl taxC>s of e\'Pry kind. and all fint>s ancl 1wnaltil's impo,.;t'd by ('Olll'ts or otlH•r authorities shnll lw impos1•1I. asse;;;s<'cl. and colkct1•d in Philippim•s 1•un·pncy instead of in )Jpxi('an 1·u1-r1•11cy, as now Jll"ori<lt•d Ii.\" law, and at the sail\(' amounb in Philippines eurrem·y us ~ll'l' now fix1•d liy law for sndi stamps. fint•s, nml prnaltirs in ).Ipx'.:::: ~1· 1~;.11·:~:;.;;~.:./ ;:i· :J~I~~'.!; LP::~ 11;~/'r:;;,.1:1·1~;~e~ p~ ::~:!~ - ~:·:11(~ Jl~:~1;1 a ;·~ii;~~ nl the ollieial ratio thut shall from tinw to tillH• pn•\"ail until 118 OFFICIAL GAZETTE - - - - - - -------sueh tiint> us Spanish-Filipino coins !:<hall by law ccnsc to be recein1ble for public duC's. "SEC. :J. On and nftl'r Jimuary first, nineteen hundred and fom·, all rompt'nsation that is pr~Villed by law for insular n.nd pro\'im·inl oflicrr,; and cmplo~·ee,., where\'C'I" such compensation is Jix('(\ in .Mrxican currt'n<';r, nml nil olficinl fees nm! charges, insular, pnwinl'inl. or municipnl, wherever sud1 fees nre fixed in :\Jcxil'llll (·nnem·y. sh111l be payable in Philippiiws rmTrnc~· on tlw bnsis of onl' Philippinl' peso for one Mcxil'nn dollnr. ··si:,;c. 4. The public good requiring the :;pre<ly rnactmcnt of this bill. the p;1ssnge of the snme is hereby expedited in arcordancl' with section two of ;'An AC't prescribing the order of pro· <'Nlnre h~· the Commission in thC' enactment of laws," passed Heptember twenty-sixth, ninetl'en hundred. ··8El'. 5. This Aet shall tnke effeC't on its passage. "Enarted. December 28, 190:!." PAR. II. The Spunish-Filipino eurrl'ney SllC'C'ifi.ed in section 2 of the abO\'C' act inC'ludC'>' the Spnnish-Filipino pefio, the nwdio peso, lJC'setn, und medin peseta, and the bank notes of thC' Bnnco Espaiiol. P,\R. Ill. C'C'l·titied checks shall not be nccepted by customs officers for loC'nl currency. but tllC' nctunl Cll!\h !!hnll in nil instances be paid. PAR. IV. Customs offi,•e1·s shnll 1-:in• due publicit~· to the tNms of this circular. H. B. :'livCoY, .!cling Collector of Cusloms for 111(' Phili.p,Jilie Island.<!. Xo. 27:l.-/'11bfishing Executive Order Xo. 1, .qeri<w 1904; u:ithdra1ml of tlir 8pa11ish-1''ilipi110 currency a11d ratio of same. MANILA, Ja1111ary J, J!JfJ,~. 7'o all Collectors of Customs: PABAQRAPH I. The following Executive' On.IN :\o. 1, sNiN1 l!l0-1, is hereby published for the information of ull coucemed: ··THE GOVER~:\lENT OF THE l'HILIPPIXE JSLA:XD8, EXE(TTlVE BUlEAl". "l\IANil,A, ./nnuro-_11 I, 1904. "ExE:.~;·El.0RDEB } "Pul'suunt to the prnvisions of tlw Act of Congrc>ss npprn\'cd March second, nineteen hundred nnd thrl'C', and in order that all the various kinds of money coined h,r the Spani:.h Govrrnment for circulation in the Philippim• lslumb and commonly known as Spanish-Filipino currency may he spN·dily with(lrawn from circulation nnd the introduction of tile' m•w Philippi1ws cmTency thereby expeditr.d, it is hereby ordC"rcd: "That the Insular Trea.~urer and 1•ach pro\'inciul trensun•r in the Philippine Islands shall, for a period of .-;ix months, beginning at the date of this order and continuing up to and including ,June thirtieth, nineteen hundrC'd nrnl four, exchangt• on_ dC'Tiii\lld Philippines currency for said Spanish-Filipino currency at such rntPs as the Insular Gove1·nmrnt ma:-·. from tiuw to time, dt:>tenninc>: and that after .Jun!' thirtirth, ninetN•n hundred and four, suid Spanish-Filipino CUIT('IU:y slmll not lw so l'l'dt•ellll'li. "That tlw Insular Trrasun•r am! tlH' nnious pro\'incial and municipal treasurers of tlw l'hilippi1w J,;lands and all other offi· cials authorized b;}' law to recl'i\'c> Gm·prument dues, imposts, or taxes of any kind, whetlwr immhtr, prm·incial, or municipal, shall, for a period of nine months. b<'ginninJ,: with the dutt> of thi,; order and continuing up to and including S<'ptcmlwr thirtieth, ninefr1•n hundrl'd nnd four, n·c"h'P Spanish-Filipino currency in paym,•nt of all suC"h dues, impo,;ts, or tnxC's, at th<' afo1·1·111entioned official ratt•s to\)(' from time to time dt>tl•rmined. "That after Septrmb1•r thirti1•th, ninetc>eu hundred and four, said Spanish-Filipino curri>nc:.· ,;Juill not I)(' recl'ivahl<' by ln,;uJar, provincial or municipal governments in payment of GO\'ermnent dues, imposts, or tnxc,; of any kind, bnt after said date may be exchanged for Philippines pesos at the Insular Treasury and the rnrious prnvincial hcusuries, nt its bullion value, until such a time to be hereinafter fixed, when the Government will no longer redeem the same. "The provincial treasurers are hereby authorized and <lil'C'Cted to exchange with municipal trcasm·t>rs Philippines "CUITCll<'Y for all 8pnnish-Filipino currency, which muy have been recrived by them, respectively, according to law and the provisions of this order and nt the oflicinl rates at which said Spanish-Filipino currency shall have been so received; und the Insular 1'l'casurer is also hereby 1mthoriu>d and directed to make the same exehangl's with nil provincial tr<'asurers at the rates at which such HpnnishFilipino CUITC'ncy was received by them in accordance with law nnd the provisions of this order. The 8panish-Filipino currency so received shnll bt> withdrnwn from circulation. The cost of trnnsporting Hpnnish-Filipino currency and Philippilws eurl'ency, pursuant to tlw pl'O\'isions of this parngrnph, shall bl' a proper clrnrge ngnin>-t the Insular Treasur<>r, pn:o'nblc out of the goldl'ltandard fund. "The official rate for the redemption of Spanish-Filipino cur· rt>ncy and its 11ccepbmcC' for public dut>s, from the date of this order until further notice. is hereby fixed at the rntio of one peso and twelve centavos, Spnnish-l•'ilipino Cllrl"l'llC.Y, for one peso, Philippines currency. "LL'KE K WRIOllT, Acting Ci·i;il Governor." PAR. 11. Philippine custems officers shall giw due publicity to the terms of this circulur. H. D. McCoy, .·I cli11,17 Collector of C'usto1111> for the Philippine Jslm1ds. Xo. 'lSO.-Lin.bilil,11 of customs employt'es for debts contracted. MANILA, .fanuary 22, J.904. To nil Collectors of Customs: l'AHAGRAPII I. The following is J1e1·1•by pnblislwd for the infornmt ion and guidance of all concerned: "THE GOVER~OlENT OF THE PHILlPPIXE ISLANDS, EXECl:TIVE BCREAC. "MANILA, January 1.~. 1904. ··S11t: \Vi th rPfel'C'llC<' to your indorsenlt'llt of the 12th instant :1po11 a communication frou; this Ollic1• in n•g;trd to the 11011puy1111•11t of n just debt due tl1is Government b,y a person alleged to lun·e been in your employ, and your l'l'll\Urks in the suid indorseuwnt as to the attitude of this Gm'C'l'!llllent concerning nomlebtpaying employees, I huve tllC' honor to advise ;}'Oil that instruc· tions have been issued to the chiefs of all Bm·<'1rns. and Oflices to tlL<' 1•ffrct that inattention to the demands of creditors for honest nml IC'gitimnte debts and continnall:r· shirking payment thereof 1\·ill constitutP grounds for dismifisnl from the sel'vice under the ]H'o\·i;;ions of EXC'CUtive Order )io, 84. series rno2, when, in tlw opinion of t)I(' chief of a BurC'aU, such drnsti<' mea,;m·1·s are ll<'ce,;san. It is not the intention of the <towrnment to l'l'tain in the ela~sitit'd sPrvice nny employl'e who is guilt~· of contirnmll:.• shirk· ing the> payment of his honest and just obligations. "The above is submitted for your information. ··vn,v respectfully, "A. \\·. l<'ERGUSSO~, /-,';ccr,·11tirc Recretar,11." PAR. ll. Philippine ('\lstoms oflict>rs shall giw due public-ity to the t<'rms of this cireulnr. H. B. McCoy, .·\f"'tin_q f'ollcr·tm· of Cu.qtoms for tJje Philippine ls/1111d..q, OFFICIAL GAZETTE 119 MA":-.ILA Cl'STO'.\l·llOl"SE G~:NERAL ORl>ERS. No. 60.-Fia:iny nlf('." of ... toray<' 011 t1ll goods remai11it1f/ i11 Oovcrnmcnt warchouscs or 011 c11.<;l11111.~ 11n•miscs t111d 011 afl bug!J<lf/C left in customs c11stody 11-t the 110rl of .1/a11.ila. i\IAXll.A. December ,UJ, J!J(J.I. PARAGRAPH I. L7ndel' tht• IJl"U\'isions of Sl'dion 234 ~f tll<' Customs A.dministmti\"e A<"t, the following rntes of slumge on all goods rcmnining in Government wnrehonsl's 01· on C'ustoms premises nnd on 11.ll baggage l<'ft in t•ustoms eustotly ut the port of Manila slrnll be charged on 11nd aflel' ,fauuary I. l!l04: I. On ull goods or pal'ts of t·onsignnl<'nls not onlel'Pd to the npprail'.ers' store for examinution \\"hieh remain in Government wal'ehou;;ps 01· on C'Ustoms pr<'mis('s 11101·1• thun fi\'e days aftPr the di:.eharge of thC' ln . .:;t piwkal!"' of th1• t•un,.ignment upon thl' <'llStom-housC' wlmrf. at the rntt• of 'PU. Philippinr,.; t·urreney. per metri<' ton prr month: Prol'id<'d, Thnt iu nny case ,.;toruge muy be C'lllculutt>d hr llH'll>'lll'C'nlent ton of ~O C'ubie fePt in thl' tliseretion of tlw Collector of Custom>:<. 2. On nil goods, pnc-kal!<'s. or pnrts of l'Ollsignment."- ordf'rcd to the npprnisr-rs' store for r-x:iminntion which shnll remuin in said ilpprnisers' ston• mor<' thnn forty-f'il!ht hours after the liquidation of the entry co\•ering thf' >':\Ille IHI>' bt'C'n complet('(I, at the rate of Pl2, Philippines cmTell<·~·- Jlf'I" metric ton or measurement ton. as nbO\·e prescribed, per month: Prodded, That ull such goods, Packages, or pnrts of consigmn<'nts so remaining shall be subject to at lenst fiYe days' stornge at the above rat<': .4.11d provided f11rtlter, That no sto'rage shall ~e charged on such "goods, packages, ~r parts of consignment.-; until the expiration of forty· eight hours after the liquidation of the entry CO\"ering the same ha;; been compleb!d. 3. On aJl pa<>kages and articl1•s remaining in the parcel departmeiit of the apprail'ers' division more than forty-eight hour;; after the liquidation of the entry C'O\'ering the same has been completed, at the mte of PO.IO, Philippines C'urreney, per piece or parcel per dny: Prodded. That no storage shall be eharged on such parcels \\'<'ighing less than tt'n kilos: .4.nd provided furtkel', Thut all such pac·kages or artides so remaining ;ihall ·be subject to at lenst five days' storage at the above rate: And provided fm·tlter, That no storage shull be charged on such packnge..i or articles until the expiration of forty-Pight hours after the liquidation of the entry <·overing th<' same has been complett>d. PAR. IL Thl' following rates of stOrnge on all baggagf' left in eustoms custody at the port of ~lnnila shall hf' charge<l on and after January L )!)04: I. On all packages and baggagl" und other purcels contuining personal cfl'l"cts. not l'Cgulal' merchandise, which remain in customs custocl~· alter th<'y are insp<•<·tC'd. 1wr day, including Sundays and other holidays, not exce('ding i <"t1hi1• f<>ct in bulk, eaclJ. fl'0.04, Philippines curreney. 2. On all such packaw•s, etc., and trnnk!I so remaining, exce.!d· ing 2 cubic feet but not exceeding 4 cuhie feet in bulk, eaeh, per day, P0.06, Philippines currcne)'. 3. On all su1·h packages, <'k., and trunk..i so remaining. execed ing 4 eubic fe<·t in bulk, eal'h, per tiny, PO.IO. Philippines c111·rency: Prodded, That all steamer clmirs of rattan or similu material so remaining shall pay at the rnl<' of PO.IO; Philippines cur· rency. per day each; and all steamer chain-1 with wooden frnme cowred with cane, cloth, or canvas. of the folding variety, shall pay at the rnte of P0.04, Philippines <·urnmey, per day each: A.nd provided fttrthcr, That all such packages, trunks, and steamrr <:hairs so n•m11ining shall be subjPet to at least five day!!' stol'age. PAil. Ill. In the assessment of the storage charges pre..icl'ibed by sections 1 and 2 of Paragraph I of this order, the length of time which the importer or his reprl'sentative may state to be necessary for him to withdraw thr goods from the Government w1u·ehouses 01· the apprnfaers' store, ns the case may be, shall be included in fixing the C'harges, in onl1•r to 11\"0id the n<>eessity of making additional payments of storng<' when the goods al'e not all withdrnwn on the last day fol' whic·h a charge has bet'n matle: Provided, however, That r.o refund of storngc shall be made in cnses wherein goods are witndrnwn b<'fore the time stated by the importer or his representnti\"e lms elapsed: tlnd provided further, That in all cases storage shall be charged for a pctiod up to and inelutling: the Inst day on which any part of the consignment 01· goods remains in the Government wurehouses or the apprniseJ"s' stol'c. PAR. IV. The nttention of importers, brokers, agents. and of all others concerned is hereby called to the fnet that the Go\'ernment Wlll'<'houses of this eustom·housc arr not intended for the permanent stori!1g of any goods •'Xl'ept seized 11nd abandoned merchandi!'e and unentered goods s<•nt to the genernl ordel' store!!; and the rnte;i of storagr prescribed by this order ha\"e been fixt>d to pre'!ent th<> :H'l'Umulation of goods in the Government wnrc· houses, whil'h ure needed for the prompt and <•ffieit>nt <·ontiu<"t of the customs business of the port. PAR. V. l\Innila Cm1tom-Housc Genernl Orders Nos. 16, 20, and 27 ul'e hereby l'e\'oked, said l'C'''Ocation to take effect January l, 1904. H.B. McCOY, Acting Cotkclur of Custom.~ fa/" tl~e Philippine Islands. No. 6':!..-lfry11lati11y the office hours for the Manila e11stom·housc on 8t1t11r<iays, <UI p1·ovided by Ra:ecutive Order No. 3, Mid Act .\"o. 111-~fJ. /'llili1>pit1c Commi.~sion. MAN'ILA, Jamuary 20, 1904. I' AllAGRAl'll I. Pursuunt to the provisions of Act Ko. 1040 of thf' Philippiuf' Commission the office hours of the Manila customhouse on Saturdays shall be- from 7.:JO n. m. to 12.30 p. m., except for the gc•nernl order stol'es and bonded warehouse division, for whi1•h the hours shall be as preseribed in Manila Custom-House Genrral Ordrr Ko. 49, dated October 14, 1903: And provided, That no ehung:e shall bt• nmde in the extrn hours of labor prescribed in the snme Ol'tler fol' the eonvenience of the public. PAH. IL This onh•r shall bf' effecti\'e Saturday, January 23, 1904. nm! thereafter. H. B. McCOY, .lcling Collector of Customs fo1· the Philippine Islands. Contents. Public Jaws: Act No. 1043, amemllug the Provincial Government Act by authorb;lng the Civil Governor to postpone the election for governor In any province under certain circumstances. Act No. 1044, to provide tor submission to the Civil Governor of annunl repo h1t•onslstent with the provisions ol this ac . Act No. 1045 .. tor the purpose or providing revenue and of maintaining the parity of the Phlllpplnes currency In ·accordance with the provisions or sections 1 and 6 of the act of Congress approved March 2, 1903, by providing for the purchase ot Mexican dollars as bulllon, by Imposing a tax upon written contracts payable In certain kinds of currendes, and by requiring the payment or a license tax by all persons, firms, or corporations conducting their current business. either wholly or In part, In said currencies, and tor other purposes. nec·lslons of the Supreme Court: The United States vs. Alejo Ravldas e~ al. The United States vs. Severa Bergantlno. JosA E. Almany et al. vs. John C. Sweeney. The United States vs. Roscoe C. Co][. Municipal Council of Santa Rosa vs. Provincial Board of Laguna. Bureau of the Insular Trensurer: Statement or Banco Espal\ol-Fll\plno tor DeC'ember, 1903. Opinions of the Attorney-General: Allegiance: domicile: citizenship. Bureau of Customs and Immigration: Exports by calendar yearsBy articles. By countries. By ports. 120 o:FFICIAL GAZETTE -------- ------Bureau of Customs and Immigrat!on-Co11tinued. Hongkong tonnage. Tariff Derision Circulars-No. 351, Japanese beer bottles. No. 352, inter11retntlo11 of rules 5 and 11 of th(' Tariff Revision Law of 1901 ns npplied to knitted and Lace shawls containing metal thread!!. No. 360, packing for printing paper No. 362. (1) pa11er napkins, a luxury or n necessity; (2) defining n manufacture of paper. Chinese and l111mlgratlon CircularsNo. 154, publishiug Act No. 1035 of the Ph\llpplne Commlsslon, nmendlug section 15 of Act No. 702 and seC'tlon 1 of Al'l No. !J89 by extending the time tor completing the registration of Chinese in tlw Philippine Islands No. 155, suspomslon of fttlng Chinese laborers' nppllcatlons thirty days before the certificates nre lssul'd In order to visit home land. denied. Customs Administrative Cln·ularsNo. 271, publishing Act No. 1032, Phlli1>1>lnc Commission, providing for payment of salurles 1111d Lmposltlon or tnxes, etc., In Pbllippines currem·y. No. 273, publlshlng Executive Order No. 1, series 1904; withdrawal of the Spnnisil-Flllplno curre1wy and rutlo or snme. No. 280, llo.blllty of t•ustoms employees for debts. Manila Custom-House General OrdersNo. 60, fixing rates of storage on all goods remaining in Gov· ernment warehouses or on customs premlsl'S and on all baggage left In {'"UStoms custody at the port of Munlin. No. 62, regulating omce hours on Saturdays. The Government of tht• PhiliJ,pine lslnml!-i, Leglslatl\·e, THE PHILIPPINE COMMISSION. (Ayuntamlento--Tbe Palace.) Commissio11rrs.-Luke E. 'Vrigilt, President; Denn C. Wor(·estcr. Henry C •. Ide, James F. Smith, Trinidad H. Pardo de Tavera, Jose R. Luzurlafil., Benito Legarda. Execmtlve. Civil Oovcnior-Luke E. 'Y.'right: al"tlng 11rlvnt<' seaetary, L. W. Manning; Captain Robert H. Noble, Third United States Infantry, Aid-de-Camp to the Civil Governor. l'icc-Gove1·uor.-Henry C. Ide. Secretary of the lnterior.-DP.an C. WorcetJter; private secretary, E. O. Johnson. Secretary of Commcn-e and Polkc.-Vncant. Secretary of Finance a11d Jusoce.-Henry C. Ide; private se<:retary, Jackson A. Due. Secretary of Pu&Uc lnstruclion.-James F. Smith; private eecretal"'J", W. H. Donovan. Ezecutive Bureau.-A. W. Fergusaon, Executive Secretary; Frank W. Carpenter, Assistant Executive Sec:retary; R. D. Fergusson, In charge, Translating Dlvlalon; Claude W. Calvlu, Recorder or tbe Commlsalon, Chief of Legislative Division; G. M. Swindell, Acting Chief of Administration and Finance Division: Sidney Thomas, Chief of Records Division; H. A. Lampman, Disbursing omcer. Bureau of lnsuiar PurchU8ing Agcnt.-MaJor E. G. Shields, lnsulnr Purchasing Agent: A. L. D. Davies. Local Purd111slng Agent. Ei:;::::s~mJ:tt:l ~~:t~'1r%y~~'M~~·;i:~{i8~g:'cD. Townsend, Corps of Philippine Civil Service Board {lntendenc\a Bulldlng).-Dr. W. S. Washburn, Chairman; Dr. B. L. Falconer, Dr. Jose Alemany. Board of Beal!h for the PMlippine T8Wnds.-Maj. E. C. Carter, Surgeon, L'nited States Army, Co~1n1isslo11er of Publlt- Health; Cu11t. E. L. Munson, Assistant Commissioner of Public Health: Dr. Thomas R. Marshall. Cblet Health Inspector; Henry D. Osgood. Sanitary Engineer: Dr. Manuel Gomez, Secretary. Quarantine Servke (United States Public Health and Marine-Hospital Service; 78 Madrid) .-Dr. Victor G. Helser, Chief Quarantine omcer; Drs. C~ias. W. Voge_! and John _D. Long, Assl.stants Marn;elcs Dcte11t11111 and D18rnfecr111n Statum.-Dr. Joh11 M. Holt, In command; Dr. R. H. Creel. Assistant. Iloilo Q1H1.ra1~tine Stalion.-Dr. Geo. W. McCoy, ln command. Cellu Quarantine Station.-Dr. Carroll Fox, In command. Join Quarantine Stalim1.-Dr. M. K. Gwyn. in rnmmand. Forestry Bureau (lntendencla Bulldlng).-Capt. George P. Ahern, Ninth Infantry, United Statee Army, Cblet; Ralph C. Bryant, Assistant ).-Will M. Tipton, Chief. of. F. Lamson-Scribner, Chier. Ethnological Survey for tlie PllHippine Islands (228 Nueva, ErmltaJ.Professor A. E. Jenks, Chief. BttTeau of Governm1:nt f,aboratoriell' (719 Irls).-Dr. P. C. Freer, Superintendent Government Laboratories; Dr. R. P. Strong, Director Biological Laboratories; Dr. Jamee W. Jobllng, director of Serum Laboratory. te~~!li~~n;s1g:~l a!'£f~~~eo~'.91 Irls).-Dr. H. Eugene Staft'ord, AtCivil Sanitarium (Baguio, Benguet).-Dr. J. B. Tbomas, Attending Physician and Surgeon. DEPARTMENT OF COM~IERCE ,\.NO POL1CE. Bureau of Posts (149 Escolta) .--Cbas. M. Cotterman, Director; H. M. Robinson, Assl!1tant Director (on leave). 0 .Uurcau of Philippines Constabulary (228 Anda, lntramuros) .-Brig. Gen. Henry T. Allen, U. S. A., Chief of Constabulary; Col. William S. Scott, U. S. A., Assistant Chief, Commanding First District; Col. Harry H. Bandholtz, U. S. A., Assistant Chief, Commanding Second District; Lleut.-Col. Wallace C. Taylor, Assistant Chief, Commanding Third Dlstrlrt; Maj. Jesse S. Garwood, Assistant Chier, Commanding Fourth District; arbord, U. S. A., Assistant Chief, Commanding Fifth Dis duty at U. S. A., Bureaii N. Wolfe, Assistant Egbe B" Br!~~~~~. ~r:::u:e':.s~:a[beTPhfiii,?tn!1A~~~~::,~:o ~J~1f~0~!r~ri~~ns~1s1~ ant Treasurer. Burca11 of the lnsulaT A11ditor (lntendeocla Bulldlng).-Abraham L. Lawshe, Auditor of the Pblllpplne Archipelago; W. W. Barre, Deputy Auditor. B1,rea11 of Customs and lmmigration.-W. Morgan $buster, Collector of Customs tor the Philippine Islands (on lenve); H. B. McCoy, Acting Collector ot Customs ; Frank S. Cairns, Surveyor. Bureau of lnternat Revenue (147 Anloague).-Albert W. Hastings, Acting Collector. Insular Cold Storage and lee Plant.-Cbarles G. Smith, Superln· tendent. · IJ11rea1i of JllStice.-Lebbeus R. Wllftey, Attorney-General (on leave); Washington L. Goldsborough, Assistant Attorney-General; Gregorio Arnneta, Sollcltor-General; James Ross, Supervisor of Provincial Fiscals; Geo. R. Harvey, Assistant Attorney-General for the Constabulary. DlilP/JtTMBNT or Pt:BLIC INBTRUCTION. Huri:au of Edm:a!ion (Salfta Potenclann).-Davld P. Barrows, Gen• era\ Superintendent of Education; Frank R. White, Assistant. Bureau of Publk Prlri.U11g.-John S. Leech, Public Printer. lo!'t~)~~o.fd~~~h~~c~1::-:r::~ J';i'~~ructio11 of Publk Buildings (Calle AnBureau of A.rchivei (Palace) .-Manuel de Iriarte, Cblet. Bureau of Pat~nts, Copyrigl~tB and Trade-Marks (Palaee};-Manuel de Iriarte, In charge. American Circulating Lillrary (10 Rosarlo).-Mre. Egbert, Librarian. Of1icial Gazette (Santa Potenclana Building) .-Mu L. McCollough, Editor. CenBus Bureau.-Brlg. Gen. J, P. Sanger, United States Army, Director ot the Census. J11clldnry. SUPREME COO"RT. (Audlencla, 47 Palacio.) Chief Juatice.-Don Ca')'etano Arellano. A.ssociate JusticeB.-Florentlno Torres, J, F. Cooper, Victorino Mapa, Chas. A. Wiilard, E. Finley Johnson, and John T. McDonough. Clerk.-J. E. Blanco. Rcporter.-Fred C. Fisher. Jurlge.-A. S. Crossfield. Jiu/gc.-Felix M. Roxas. (Palace.) COURT OF LAND Jl.EGIBTRA.TlON. (138 Calle Real, Walled Clty.J Judge.-S. del Rosario. Associate Judge.-D. R. Williams. Clerk.-J. R. Wlleon. Carson. Blount. H. lckls . . Powell. Fifteenth Dt.ttrict.-W . Norris. Addl"onal judges.-Adolph Wlslezenus, Caplz; Beekman Winthrop; Miguel Logarta. ®J~iri Published by authority of the Insular Government under and by virtue of Act No 4S3 of the Philippine Commission. ------------------- -- ------· VoL. II MANILA, P. I., FEBRUARY 17, 1904. No. 7 ~~------ - - - - - PURL JC LAWS. [No. 1046.] AN ACT APPHOPHIATING THE SUM (H' l•'JVI<: HUNmrnn THOCSAXD DOLLAHS. IX 'l\lOXl~Y OF' THE UNTl'ED ST_.\'fES. FROM THE Fl"XD OF TllHEI•~ l\IILLION DOJ,. L~\H8 APPB.UPB.JATED BY THE C'ONGRE8S OF TllE l"Xl'fED STATES FOH TIU~ HELIBl<' 01<' DlSTRl<~S8 IN TIIE PIIILIPPIXE IRLAXDS. FOR EXPENDITCHI·~ L1KDJ.:R THE DIB.F.CTIOX OF THE CJ\'IL GOVF.HNOR UPOX THE RESOLl1TION'S OF THE Pl!ILIPPIXE COMMISSIO:\. By authority of the llnitcd States, be it cmwtcd b!J the l'hilifJpi11c ('ommission, that: 8t:CTIOX l. The sum of li\'e hundred thou;;and dollar~. in mmu•y of thC' l"nitcd States. is h<'rl'by appropriatrd, out of tlw fund of three million dollars appropriated by thC' Congrpss of the Unil<>d States for ihe relief of distress in the Philippine Islands, for expenditure under the direction of thl' Civil Gon·rnor for :<1wh pnrpo,,<'s and in such manner as may from time to timt• bt• authorized by !'('solutions of the Philippine Commission, nm! in VillT.)'ing out thC' intent of the {'ongre,:s of the Enited States in appropriating the fund uforcsaid. SEC. 2. The sum of money by this A('t appropriated shall be withdrawn from the Insular Trl'asnry by J"e(1ubitions in favor of s1l<'h disbursing officer as the Civil Governor nmy direct, in such allotm<'nts as may from tinw to timC' he nl'Cl'ssnry, and shall bl' U(·c-ountNI for n<> provided by law. SEC'. 3. The resolutions of the Philippin<' Commission upon whic-h th(' funds h('l"C'"in appropriakd shall bC" ('XpC'mled shall h<' printed and published in the regular quarterly volumPs of the laws and resolution<> of the Commission. SEC. 4. The public good requiring the spe<·dy C'"!ladmcnt of this bill, the passage of the samr is hNeby cxpcditf'd in al'cord11ncc with section two of "An Ac•t pH.,<<'l"ibing the ord<'r of procPdlH'(' by the Commission in thl.' l.'!laetnwnt of laws." passed Septembrr twC'"nty-sixth, nin('fren hundr<'d. .Sr.C'. 5. This A<.'t shall tnke l'ffcet on its passag('. Enacted, February a, 1904. [Ko. 1047.] AN ACT APPROPRIATING THE SUM OJ<, FIVE HL"NDRED THOCSAND DOLLARS. IN MONEY OF THE UNITED . ST • .\TES, FOR CO:\'TI~l'JN"G TIIE BIPROVEi\IENT OF THE PORT OF MANILA. By authority of llw United States, lw it enacted by the Philippine Commission, that: SECTIO:X 1. The sum of five hundred thousand dollars, in money of the Cnited States, is hereby appropriated, out of any funds in the Insular Treasury not oth<'rwise appropriatNI, to be immediately av11ilable and to be C'Xpended by the Civil <tovernor through the C'hief Enginrer of the Philippine Dfrisiou of tl1e H068 l'nifrd ~lates Army for continuing the improvements of the harbor of Manila and other public works, us provided in Act Numh('rl'<l Tw<•nly-two ;is 1m1(•11ded. REC. i. Thr approp1-iation made by thi!J Act shall be available for ('XJlC'IHliturc in tlw pu;rn1cnt for all work at present under t·ontnwt for lhC' impron•mrnt of the port of )fonila, including payml'nt for work on the eontrnct for the construction of an additional hn•akwatl'l' as pro\"idl'd by Act :NumberC'd Fiive hundred and -.1•\·Pniy·eight. H~:C'. a. 'l'IH' puhlfr good requiring the speedy cnactmC'nt of this bill, thC' pa,,...;ng1• of th(• sam1· is hcrchy cxpcdiU!d in accordance with Sl'ction two of ".\n Al't prcsl'ribing the order of procedure liy th(' Commi:ision in thC' l'naC'tmrnt of laws," passed September tw(•nty-sixth. nineteen hnnclred. HEc. 4. Thi:i Act slwll take effect on its pas::;age. Emu·tc<l. I•'ebrnary 4, 1!)04. [No. 1048.] AX .ACT )L\KIXI: APPROPRIATlO:\"S FOR SUNDRY EXl'EXSE8 OF TH I~ MCXICIP AL GOVERNMENT OF THE CITY 01<' MANILA FOR THE FIHC.-\L YEAR ENDING ,JL'XE TIIIHTH::TH, NINETEEN HllXDRED AND J<'OUR, _\XD OTHJ<m DESIU:NATED PERIODS. Uy authority of the r:11itcd States, be it <'1uwted by the Phili11pin.c Commissimi, that: HEt:TIOX I. Thi• following sums, or so much thereof ns mny be rrs])('di\"rly nccessar~·. are her<'hy npproprinted. out of any funds in the Insular Treasur~' not otherwise appropriated. in part com· pf'nsation for the !>l'n·ic·f' of the municipal g-overnment of the city of .'.l.Ianila for the fiscul ~·ear ending .Junl.' thirtieth, nineteen hundrNI and four. unlPss otherwise statrd: CITY OF MA!>.'ILA. MU::iICIPAL BOAl\O. Ba7rlries and wayc.~, .ll11nicipal Bonrd, <'ily of Jla11ila, nineteen l11111dr~d and four: Municipal Board: }lrl'sident, at four thousand five hundred dollars per annum; three members, at four thousand five hundrC'd dollars p<'r annum <'ad1; one sec•rctary. at thrC'e thousand dollars per nnnnm. Seeretary's offic<': Two elerks, <'lass Ji\'f'. at one thou.o;an(I nine hundred and fifty (\ollnrs pH annum en<'h; one ci('rk. l'lnss six. nt one thousand ,,<'\"<'II hundred and twC'nty dollars prr annum; two clerks. class sc•nn; two ci<'rks. el ass eight; one clerk. Class A; one clerk, Class C; one dNk. ('Jass D; threP messengers, at one hundred and eighty dollar,; p<'r annum each. Disbursing office: One di;;hursing offic·rr. at two thousand five hundred dollars JWI aunum; one clerk. (•]ass six; onl' <'lerk. e\11s.o; seven; one l"lcrk, (•la:is eight; onr ml'ssenger. at one hundred ancl eighty dollars per annum. 121 122 OFFICIAL GAZETTE Advisory Board: One secrl'tary, at one thousand six hundred dollars per annum; fees of twelve members, not to excel'd three thousand one lnmdred and twenty pesos. Total for salaries and wages, forty-four thousand pesos. ()011tin9ciit expc11.so~, M1mfoipal Board, city of Manila, nineteen lwndrcd an.d four: }'or <'ontingent expenses, including purchase of books, office furniture, and supplies; coolie hire, posb1ge, postollice box rPnt; rrpairs to typcwriWrs,.furniture, and fixtures; c11re of civil prisoners; music for the Luncta and Binondo Square; care of injured and sick paupers nt the Snn Juan de Dios Hospital or the Philippine Civil Hospital, not to exceed an aggregate of one hundred, at Oil<' peso and forty centavos per day each ; settlement of claim of Mrs. H. A. McCullough for proC'eeds of auction sule of one trunk of clothing belonging to her son, Pred Meeker; settlement of claim of T. A. Suarez, interpreter, for ex:tra servicrs rendered at Sl'f>sions of tlw Board of Tax Revision, city of Manila, at four pesos each for sixteen sessions, anything in existing laws to th<' contrary notwithstanding; for final and complete settlement of all claims of Sah·ador Farrt"' and Jaime Clot.et against the city of :Manila or its officers, not to <'Xceed an aggregate of one thousand fi.\·e hundred and eleven pesos and eighty centavos; and for printing, binding, advertising, and other inC'idental expenses; fifty-six thousand pesos. In all, for the Municipal Board. city of Manila, one hundred thousand pesos. llEPARTllENT OF ENGINEERING AND PUBLIC WORKS. Salaries and 1rn9cs, Department of Bngin<'cdny and Public Works, city of Manila, nineteen Jnrnd1·cd and four: Office of City Engineer: City Engineer, at four thousand five hundred dollars per annum, wilh quarters in kind, not to exceed se\•enty-five dollus per month; first assistant city engineer, at two thousand five hundred dollars per annum; chief clerk, class six; two sec·ond assistant <'it~, rngincers. class six; one assistant engineer, cluss seven; one derk, class eight; one stenogrnplu•r, <'lass eight; two clerks, clas!l ten; one clerk, Class C; one rlerk, ('\ass G; one clerk, Class 1-1; two clerks, Cluss I; one messenger. at one hundred and twenty dollars per annum. Water supply: Superintendent, two thousand five hundred dollars per annum; one chief engin(<er at pumping station, class six, with quarters in kind; one collector of water rat<>s, class eight; one general foreman water service, class nine; one foreman water service, class nine; one assistant engineer at pumping station, Class C, at seven hundred and eighty dollars per annum; one assistant engineer at pumping station, Class D, at six hundred and sixty dollars per annum; one teamster, Class C; nin<> meter inspectors, Class D; one mechanic, Class D; one clerk, Class D; one forl'man water service, Class E; one assistant enginl'er at pumping station, Class E; two mechanics, Class F; one storekeeper water service, Class G; one clerk, Class H; three pipe fitters, at three hundred and thirty dollars per annum each; one draftsman, Class H; two clerks, Class I; one mechanic, Class .T, at two hundred and seventy dollars per annum; three assistant engineers, Class J, at two hundred and seventy dollars per annum each; one clerk, Class J; one meter inspector, at two hundred dollars per annum; three meter inspectors, at one hundred and eighty dollars per annum each; hire of labor, not to exceed bnnty-eight thousand pesos. StrE'et cleaning and -collection anti disposal of city refuse: One superintendent, at two thousand two hundred and fifty dol· lars per annum, and quarters in kind in the Botanical Gardens; -one superintendent of pail system, rlass six, until April first, nineteen hundred and four, only; one inspector, class eight; one clerk, class eight; one clerk, class nine; three overseers, class ninP; one foreman, <'lass ten, at one thousand and twenty dollars per annum; one derk, class ten; one clerk, Class C; one watchman, Class C; two clerks, Class D; three foremen, Class D; two assistant O\'er· seers, Class F; one fo!'eman, Class l~; si<x for<'men, Class G; six mechanics, Class G, at four hundred and forty dollars per annum ca eh; one mechanic, Class G; two l'ngineers, Class H; five foremen, Class H; one elerk, Class I; hire of labor, not to exceed one hundred and nineteen thousand pesos; for steam barge Pluto: one master, class nine, one chief engineer, class nine, and one mate. Class A, with subsistence at one peso per diem each; one night superintl'ndent, Class A; one assistant engineer, Class A; one second assistant engineer, Class H, and subsistencl' of not to exceed eighteen ml'mbcrs of crew at thirty centavos per diem each; hire of labor, at two thousand five hundred pesos or so much thereof as may be necessary. Street construction and bridges: One superinteml<'nt, at two thousand three hundred dollars per annum; two inspectors, class eight; two inspectors, class nine; one foreman of rock quurry, class nine; one launch master, class nine; three roacl·roller engineers, Class A; five foremen, Class D; one road-roller engineer, Class D; one launch master, Class D; two foremen, Class G; two patrons, Class H; two engineers, Cluss II; one <'lerk, Class I; two assistant engineers, Class I; two stl'ersmen, Class J; four firemen, at one hundred and eighty dollars per annum each; six sailors, at one hundred and twenty dol· Jars per annum each; hire of labor, not to exceed sixty-eight thousand pesos; hire of labor for operating rock quarry, not to (•xcecd sixtl'l'll thousand pesos. Buildings, illumination, und plumbing inspection: One superintendent, ut two thousand five hundred dollars per annum; one inspe<'tor of buildings, class five, for one month; one inspector of plumbing, claSs six; one assistant inspector of plumbing, class seven; one inspector of buildings, class eight; one architectural draftsman, class eight; two inspectors of buildings, class nine; one mechanic, class nine; one mechanic, Class A; one clerk, Class C; one clerk, Class D; two inspectors of buildings, Class D; one draftsman, Class F; five sUperintendcnts of markets, Class H; two clerks, Class I; two employees, at two hundred and forty dollars per annum each; hire of temporary inspectors of buildings and public works, not to exceed three thousand five hundred pesos; hire of labor, not to exceed seventeen thousand five hundred pesos. Inspection of boilers: One inspector of boilers, class six:. City shops: One property clerk um! superintendent of repair shops, class six; one clerk, class eight; one clerk, class nine; one harness maker, l'lass nine; two mechanics, class nine; two mechanics, class ten, at one thousand and eighty dollars per annum each; one storekeeper, Class B; one mechanic, Class A; one clerk, Class C; two mechanics, Class H; one harness maker, Class H; two mechanics, Class I; hire of labor, not to exceed five thousand pesos. Drafting and surveys: One assistant engineer, class seven; one assistant engineer, ehlss <'ight; one chief draftsman, class eight; one draftsman, Class H; two chainmen, Class I; two drnftsmen, Cln::is I; one rod man, Class I. Sewers: One engineer and inspector of sewers, class eight; one foreman, Class G; hire of labor, not to exceed six thousand Jive hundred pesos. Weights and measures: One scaler of weights and measures, class nine; one inspector of weights and measures, Class I; one clerk, Class I. Land transportation: One veterinary surgeon, class eight, at ope thousand five hundred dollars per annum; two stable foremen, class nine; two mechanics, class ten, at one thousand and eighty dollars per OFFICIAL G.AZETTE 123 annum <'ach; one foreman, class ten, at one thousand and eighty dollars per annum; one clerk, Class A; thirty-three teamsters, Class B; thil'ty teamsters, Class C; one watchman, Class C; one mechanic, at four hundred and forty dollars per annum; two mechanics, Class I; one assistant foreman, Class I; twenty-five teamsters, at three hundred dollars per annum each; for hire of one hundred and sixty tN1mstcrs, at not to exceed two hundred and forty dollars each per annum, thirty-eight thousand pesos, or so much thereof as may be necessary; hire of labor, not to exceed thil'teen thousand pesos. For completing suney work on hand in the Department: One transitman, class eight; two draftsmen, Class G; three chniii.mcn, Class G; one chainman, Class I; five rodmen, Class I; hire of labor, not to exceed .. ix thousand pesos. Parks: One foremnn, Class D; two foremen, Class G; hire of labor, not to exceed ten thousand fke hundred pesos. Cemeteries: One superintendent, Class A; two superintendents, Class H; hire of labor, not to exceed fourteen thousand pesos. For continuation of preliminary surn~y of new water nnd sewer systems: For salary and expenses of Consulting Engineer, not to exceed fourteen thousand pe,,;os; one engineer in charge of sewer system, at four thousand fi\·e hundred dollars per annum, with quarters in kind, not to exceed sewnty-five dollars per month; one engineer, class fhe; one assi,,;tant engineer, class six; one surveyor, class six; one draftsman, clnss se,·en; one draftsman, Class H. Total for 'salaries and wage,;, fi\·e hundred and forty thousand pesos. Public u;orks, Department of Engineering and Public Works, city of Manila: For repairs to city bridges; purchase and trans· portation of drain, road, and street material, not to exceed sixty thousand pesos; alterations, maintenance, repnhs, and supplies for barges, launches, and road rollers, including repair of damages recently sustained by steam barge Pluto; coal and oil for rock quany; extension and dc\·elopment of rock quarry; coal for crematories; fornge for horses and other animals; repairs to corrals and stables; maintenance of public grounds und parks; repairs to crematories; purchase of carts, harness, horses, mules, and wagons, and hire of carts, lorchas, and so forth; veterinary supplies and mE>dicines; supplies for cemeteries; repairs to markets and municipal buildings; electrical sen·iccs for public buildings, parks, and streets; material for C'xtension and inerease of eleetl'ical sen ice; repairs to carts, harness, lorchas, wagons, and so forth; purchase of matl'rials for shoeing public animals; purchase of oil for lighting; opernting and repairs to dredger; completion of river wall at Arroceros shops; purehasc of hose, tools, and miscellaneous supplies for public buildings and streets; location of new water mnins, not to exceed twenty-eight thousand pesos; repairs to Santolan Hoad; repairs to machinery at pumping station; trnnsportation of nmterial for water supply; pmdmse of coal for pumping station and water-supply shops; miscellaneous repairs nnd 1=mpplil's for water supply; purchase and location of sewer pipe; misce>llaneous repairs and cleaning of old sewers; purchase of dump wagons for hauling roc·k for street construction and repair, not to exceed six thousand pesos; pur· chase of riee for launch cn•ws, not to exC'eed two hundred and fifty pesos; purchase of not 1•xceeding ten sprinkling wagons, thirteen thousand pesos, or so much thereof as may be necessary; for completing shop grounds, including filling. grading, shelving, and tool boxes, not to exceed two thousand pesos; purchase of machine tools for pumping station, not to exceed eight thousancl pesos; purchase of means of official transportution previously furnished by thl"l Insular Purcha!;ing Agent, sixteen thousand pesos, or so much thereof as may he necessary; restoration of monument of Antonio Pine>da and erection in Paco Cemetery, not to exceed one thousand Jh·c hundred pesos; for exprnpriatiou of land for widening Calle Aviles, ri.ot to exceed four hundred and eighty-seven pesos and eighty·two centarns; for beginning work of cleaning estcros, not to exceed six thousand pesos; for manufacturn or purchase of three thousand commodes, not to exceed fifteen thousand pesos; purchase of not more than five thousand six hundred pails and covers, fifty-three thousand two hundred pesos, or so much thereof as may be necessary; for construction of midden sheds, not to exceed forty-eight thousand pesos; for· completing the construction and equipm~nt of a hose tower, not to exceed one thousand five hundred pesos. Total for public works, four hundred and sixty-five thousand pesos. Contingent expenses, Dcpal°tment of Efl,gineering and Public Works, city of Manila, nineteen lumdred and four: For contingent expenses, including the purchase of office furniture and supplies; rent of market sites, police stations, and schoolhouses; telephone service; expenses for renumbering houses; burial of pauper dead and persons dying of contagious diseases; advertising, printing, and binding; hire of vehicles on official business, not to exceed six thousand pesos; miscellaneous supplies for disinfection, including brooms, brushes, carbolie acid, chloride of lime, lime, paint, sheet rubber, and so forth; and other incidental expenses; fifty-five thousand pesos. In all, for the Department of Engineering and Public \Vorks, ono million and sixty thousand pesos. CITY ASSESSO!( AND COLLECTOR. Salaries and u;a.ges, Department of Assessments and Collections, city of Afamila, nineteen hundred and four: City Assessor and Collector, at four thousand dollars per annum; Chief Deputy Collector, at three thousand dollars per annum; Chief Deputy Assessor, at three thousand dollars per annum; one clerk, class five; four clerks, class six; one clerk, class seven; one clerk, class eight, at one thousand five hundred dollars per annum; six clerks, class eight; twelve clerks, class nine; one clerk, class ten; three clerks, Class A; one clerk, Class C; one clerk, Class D; three clerks, Class F; thirteen clerks, Class G; five clerks, Class H; eighteen clerks, Class I; thirty-three clerks, Class J; eleven employees, at one hundred and eighty dollars per annum each; twenty·six employees, at one hundred and fifty dollars per annum each; fourteen employees, at one hundred and twenty dollars per annum eaeh; seventy thousand pesos. Contingent expenses, Department of Assessments and Collec· tions, city of Manila, nineteen hundred and four: For contingent expenses, including purehase of office furniture and supplies; for oil, wood, and so forth for matadero, not to exceed fiye hundred pesos; for advertising, coolie hire, post-office box rent; repairs to office furniture and typewriters; hire of vehicles in Manila on official business, not to exceed seven hundred and twenty pesos; printing and binding of books, receipts, cedulas, and other neces· sary blank forms; and other incidental expE>nses, sewn thousand eight hundred pesos. Tax refunds, Department of As.'l"essmcnts and Collections, city of Manila, nineteen hundred and four: For refund of industrial. land, and other taxes, e1Toneously collected, the refund of which has been or may be duly autliorized in accordance with law, three thousand pesos: Provided, That rnfunds made in pursuance of this appropriation shall be charged in whole to the city of ).fanila. Total for the Department of Assessments and Collrctions, city of Manila, e>ighty thousand eight hundred pesos. nng llt:l'AUTMENT. Salaries and iragrs, Fire llcparlmcnt, city of .lfanila, ni11eteen ltmulred and four: Chief, at thre<> thousand dollars per annum; deputy chief, at two thousand dollars per O.nnnm; one chief engineer, class eight, at one thousand five hundred dollars per annum; one clerk, class eight, at one thousand five hundrnd dollars per 124 OFFICIAL GAZETTE annum; one clerk, class eight; one clerk, Class H; one mechanic, class ten; one electrician, class five; one assistant electrician, class seven; two linemen, class nine; one lineman, class ten; four linemen, Class H; one clerk, Class A; twelve foremen, at one thousand three hundred dollars per annum each; twelve assistant foremen, at one thousand two hundred dollars per annum each; six engi· neers, first class, and six engineers, second class, not to exceed nine thousand three hundred and seventy-five pesos: Provided, Thu t the pay of engineers, first class, shall be at the rate of one thousand two hundred dollars per annum for the 6rst :rear of service, one thousand three hundred dollars pt'r annum for the second year, and one thousand four hundred dollars per annum for the third year: .1-nd further provided, That the pay of engineers, second class, shall be at the rate of four hundred and eighty dollars per annum fol' the first year of service, and six hundred dollars per annum fol' the second yeal'. Forty-five fire· men, first class, and forty-five firemen, second class, not to exceed thirty-nine thousand one hundred and eighty-five pesos: Pro· vided, That the pay of firemen, first class, shall be ut the rate of nine hundred dollars per annum for the first year of sel'vice, one thousand dollars per annum for the second year, one thousand and eighty dollars per annum for the third ye1u, and one thou· sand one hundred and forty dollars per annum for the fourth ;year: And provided, That the pay of firemen, second class, slutll be at the rate of two hund1·ed and forty dollars per annum for the first year of service, three hundred dollars per annum for the second year, three hundred and thirty dollars per annum for the third year, and three hundred and sixty dollars per annum for the fourth year: A.nd provided further, That in computing pel'iod of serdcc of firemen, credit for previous service in the Police Department, city of Manila, shall be allow<>d employees transferred to the Fire Department. Total for salaries and wages, ninety thousand pesos. Equipment, Ffrc Department, city of Manila, nineteen hundred and four: For the purchase of apparatus, including two steam fire engines, two hose wagons, and two steam fire-engine heaters, not to exceed twenty-five thousand pesos; equipment for ap· parntus, including one buggy, harness, hose, truck wheels, and so forth; equipment for fire stations; maintenance and repairs to apparatus and cquipnwnt; purchase of not more than forty additional fire-alarm boxes, additional cells for storage battery, weatherproof wire, and so forth; for extension of fire-alarm system, including labor and poles, not to exceed fomteen thousand pesos; painting of poles, maintenance of fire-alarm system, and other incidental expenses; seventy thousand pesos. Contingent expenses, Fire Dcpartmen.t, city of Manila, n-ineteen hundred and four: For contingent expenses, including purchase of office furniture, safe and supplies, postage stamps, and so forth; fuel for engines and heaters; forage and shoes for horses and ponies; printing and binding; and other incidental C'Xpcnses; twenty-three thousand pesos. Contingent expenses, Fire Dcparhncnt, city of Manila, nineteen hundred and tu:o: For payment of hill of Selden W. Taylor for transportation furnished C..:hief of Fire Department, not to exceed fifty·one pesos. In all, for the Fire Department, one hundred and eighty-three thousand and fifty-one pesos. Salaries and uagcs, Law Department, city of M<otila, nineteen lw11dred and four: Office of City Attorney: City Attorney, at three thousand fiH hundred dollars per an· mnn; one assistant dty attorney, at two thousand fiye hundred dollars per annum; two clerks, class six; one (')erk, class seYcn; two clerks, clas;; eight; two clerks, class nine; onr messenger at one hundred and twenty dollars per annum. Ollie<> of Prosecuting Attorney: Prnsecuting Attorney, at four thousand five hundred dollars pel' annum; first assistant prosecuting attorney, at two thommnd fiYC? hundred dollars per annum; second assistant prosecuting attorney, at two thousand two hundre<l and fifty <lollars per annum; third assistant prosecuting attorney, at two thousand dollars per an· num; foul'th assistant prosecuting attorney, at one thousand four hundred dollars per annum; fifth assistant prosecuting attorney, at one thousand two hundred dollars per annum; four clerks, class eight; two clerks, class nine; one clerk, Class A; one mes· senger, at one hundred and twenty dollars per annum. Office of Sheriff of l\Ianila: Sheriff, at three thousand dollars p<'r annum; one de'puty sheriff, at one thousand four hundred dollars pt•r annum; one deputy sheriff, at one thousand two hundred dollars per annum; two deputy sheriffs, ut se\'en hundred and twenty dollus per annum each; four deputy sheriffs. at two hundred and forty dollun; per annum each; two deputy sheriffs, at one hund1·C?d and <>ighty dollars per annum each; two employees, Class A; two employees, Class J; one clrrk. Class C; nine laborers. at one hundred and twenty dollars pn annum caeh. Muni('ipal court: One judge, at three thousand five hundred dollars per annum; one clerk of court, class st>ven; one interpreter, class scYen; onr d('puty clerk of court, class ten; one deputy clerk of court, Class C; two deputy clerks of court, Class D; one messenger, at one hundred nnd twenty dollars per annum. Office of Register of Deeds: One register of deeds, at two thousand dollars per annum; one deputy register of deeds, class ten; one clerk, Class D; two clel'ks, Class I; two clerks, Class ,J; one messenger, at one hundred and twenty dollars per annum. Justice of the pence courts: 'fwo justices of th<' peace, at one thousand dollars per annum each; two clerks of justice of the peace courts, Clnss I, at three hundred dollars per annum each; two clerks of justice of the peace courts, at one hundred and twenty dollars per annum each. Total for salaries and wages, sixty-two thousand pesos. Contingent expenses, ]Jaw Depa1·tment, city of ;llanila, nineteen hwidrcd and four: For contingent expenses, including the pur· chase of distilled water, ice, Jaw books, postage stamps, ollice furni· turc and supplies; interpreters', notaries' public, registrars', and other authorized fees; court costs; forage for hors<?s; law textbooks for olfice of the Prosecuting Attorney, not to exceed four hundred pesos; fund for securing testimony and the prl.'sence in Manila of indigent witnesses in criminal cases from outlying prov· inccs, not to exceed one thousand pesos; advertising, printing and binding, and other incidental expenses, fi\'e thousand nine hundred pesos. In all, for the Law Department, sixty·seYen thousand nine hun· drcd pesos. Salaries and 1ea9es, Department of Police, eify of Manila, nine· teen hundred and four: Chief of Police, at three thousand ti\•e hundred dollars per annum; one assistant <'hief of police, at two thousand fi\·c hundred doll us per annum; one inspector of police, at two thouo;and dollars per annum; one chief of secret service, at three thousand dollars per annum; one surgeon, at one thousand eight hundred dollars per annum; one assistant surgeon, at one thommnd four hundred dollars pel' annum; one clerk, class six; two clerki-, class se\·en; one clerk, class <•ight, ut one thousand five hundred dollal'S per annum; three cle>rks, class eight; three clerks, clat'IS nine; one clerk, cluss ten; two <>lrl'ks, Class A; one Chinese interpreter, Class A; srnm clerks, Class D; three mPssengers, at one hundred and twenty dollars p<?r annum each; seYen captains, at two thousand dollars per annum each; three lieutenants, at one OFFICIAL GAZETTE 125 thousand five hundl'ed dollars per annum l'a<'h; thn•e lieutcmmb;, at one thousand three lnmdred dollars per annum each; twentythree sergeants, fi.1·st cla:;s. at one thousand thrc<l hundred dollars pt>r annum each; twc>nty-three roundsmen, tirst class, at one thousand two hundred dollars pel' annum each; three hundred and twenty-four patrolmen, first class, not to exceed three hundred and twenty-seven thousand pesos: Provided, That the pay of patrol· men, first class, slmll be at the rntP of nine hundred dollars per annum for t.hc first year of senice, one thousand dollars per annum for the second year, one thousand and eighty tlollars per annum for the thil'd year, and one thousand on<' hundred and forty dollars per annum for the fourth year; C'ightcen :;crgeants, second clnss, at six hundred dollari; Jll'l' annum each; e>ightern roundsmen, second cluss, at four hundrl'd and eighty dollars per annum each; ninety-eight patrolmen, set·ond class, not to l'Xeeed forty thousand six hundred pesos: Provi<led, That the pay of patrolmen, i;e<"Ond class, shall be at the rate of three hundred (lollars per annum for the first year of service, three hundred and :sc\·cnty-five dollars pC'r annum for the second year, four hundrl'd and tweke dollars per annum for the third year. and four hmu!rl'C! and fifty dollars per annum for the fourth y1•ar; ten sergeants, third class, at thl'C'C hundred and sixty dollar:; per annum each; ten roundsmen, third class, at three hundred dollars per annum ea eh; two hundred and eighty-six patrolmen, third class, not to exceed 1•ighty-six: thousnnd three hundred pesos: Provided, That the pay of patrnlmen, third class, shall be at the rutl' of two hundred and forty dollars per annum for the first year of service, three hundred dollars per unnum for the seC'ond ,Year, three hundred and thil'ty dolhtrs per annum for the third yeur, nml three hundred and sixty dollal's per annum for the fourth year; one detl'clivl', at two thousand dollars pl'r annum; one detective, at one thousand eight hundred dollars per annum; one detC'din•, at one thousand ;;ix hundred dollar.; pn annum; one detPctiYe, at one tho11:;1rnd ti\·e hundrNl dollars JWI' annum; one ddeC'tiYe. at one thousand four hundred dollars j){'l' annum; fi,·e deteC'tives, at one thommnd two hundred dollar" p<'r annum each; two detectives, at one thousand dollars per unnum ei\ch; one detective, at nine hundred dollars pl'r annnm; thr('(! detectin>s, at six hundn•d dollars p('r annum t•aeh; three dt•te('th'cs. at four hnndrl'd und eighty dollar.; JIC'r annum 1•ach; six: detectives, at two hundr<>d am! forty dollurs per ammm <'aeh; on<> launch master, at one thousand hrn hnndrl'd dollars per annum; one mate, at nine hundred dollars per annum; one l'ng-ine<'I', at four hundred nnd eighty dollars per annum; three a,;sistunt l'llgineers, at three hundred and sixty dollars Jll'r annum cad1; ,;ix firemen. at two hundred and forty dollars per annum each; eig"ht deck hands, at one lmndrl'd and fifty dollars per annum each; four boatmen, at one hundred aml fifty dollars per annum each; tlirl'e laborers, at one hundred und eighty dollars pt>r annum each. Total salaries und wng<'<>. tin> hnndn·d and fifty thousand pesos: Provided, That in C'omputing 1wrio(I of se1Til'c of policemen, credit for previous sel'\'i<'l' in the Fire Department. eity of Manila, ,;hall be allowed employ<'es transfcrrl'd to the Poli<·l' Departnwnt. Bq1lipment, Dep<11·tm<'11t of Polic<', cily of ,Jfo11ilu, 11i11('fcen ltw1dred and four: For the Jllll'<•lrnse of ho1·,.;es, ponil's. and harne,..,.;, not to exceed one thousand onl' hund1·Nl and lift,v ]ll'Sos. secret-sen:icc fund, l><'1J01'/m('llf of l'olic(', city of Jlu11ila, nill('fccn lumdred and ff)t/1°: For a fund to be 11se(I, snhjl'ct to the pl'Ovisionl'l of Act Numbered Eigl1t humlrc(l and four, in securing "ecrct information and puying for photog-ri•phs of (•riminals for the Rogues' Gallery; for payment of '-Ub'>i.-.tl'nc·p, \'Phil'le hire. and trnveling expenses of dctecti\·1's working on 1•ast'>i hl'yornl tht> limits of the city of Munila, ,,ix hundrl'd p<>sos. Contingent ea:pcn,qcs, Dqw1·tm<•11t of J'ulit·1•, city of .ll<lliila, 11i11efc<'n 111md1·cd and fow·: For conlinj.!t'nt l'XJll'llSt•s, inc-luding the purchase of offic1• fnrnitun'. supplies und l~'JW\nitcrs; !lub.;isktwe of prisoners; fornge for horsl's; coal; n•pairs and suppliPs for river and harbor police lannd1e,,;, indmling one boiler a]HJ repail''l for launch George Curry; repair!> and supplies for police-alarm ,,yi;tcm; hhc of vehicle,,; in .\luuila on official businC'ss1 not to exceed four thousand four hundred· pesos; printing and binding; advertising and other incidental expenses; twenty-five thousand peso!>. In all, for the Department of Police, five hundred and seventysix thousand seYen hundred and fifty pesos. Salaries <rnd u·ages, Depllrtment of City ScJwols, city of Manila, nineteen hundred and four: One clerk, class six:; one clerk, Class D; one employee, ut two hundred and forty dollars per annum; one messenger, at one hundred and eighty dollars per annum; two hundred teachers, at an a'·e1·age salary not exceeding thirtyfi,·e dollars each per month. Night schools: Twenty·two principals, at two dollars each per night, not to 1•xceed 1111 agg1:l'gate of ten thousand two hundred and six:ty-four pesos; one hundred an<l. seventy-fi,·e teachers, at one dollar and fifty cents each per night, not to cx:ceetl an aggregate of fifty-six: thousand two hundred pesos; twenty-two clerks, at seven dollars and fifty cents per month each, not to exceed an aggregute of one thousand six hundl'ed and eighty pesos. Total salaril's and wages, Department of City Schools, city of l\fonila, one hundred and fifty·one thousand seven hundred pesos. Conlingc11t ex1>e11scs, Dcvartmenl of City Schools, city of Ma.nila, 11i11etcen hundred a-nd (0111·: For contingent expenses, including purchase and trnnsportntion of office and school furniture and supplies; rentals of pi11no8, not ('XCeeding five hundred pesos; repairs to clocks, typewrit<>rs, and no fol'th; printing and binding; hire of official trnnsportation for <lil'ectors nnd teachers of special subj<•cts in the l'ity schools, not to exceed nine hundred pesos; 1mrcha,.;e of stamps, and othC>r incidl'ntal PXpenses; two thousand six hundred pesos. In all. for the Departnwnt of City Schools, one hundred nnd fifty-four thousand three hundred pesos. Salary am] expense fund, city of Manila: For the payment of !iahnies and <'Xpcnses of civil officials and employees of the city of )1fanila. whkh are propel'ly <"hargeable to the city of .Manila and not otherwise specially providl'd for, including half salary and traveling expenses of employees from the United Stutes to Manila, and for thC' p11yment to the estates of deceased employees of salaril'>i du<' sud1 <'mployces for the lf'aves of absence to which they arc entitled at the time of their death:;, in accordance with the provisions of A<"t :Xumbcred One thousand and forty, eighteen thousand pesos: Provided, That the Ch•il Gm·ernor muy, in his disl'n•tion, l'ommutc two or more years' accrued le11ve of absence to Jll'rsons entitled to visit the United Stutes on such leave, and authorize the payment of the amount so accrued in a gross sum from this appropriation. Payment of sums due under the appropriation last made shall be by the Auditor by settlement wanants. Purchase of the p<til system of the city of Manila: For the payment to the Bo11rcl of Health for the Philippine Islands of the amount found by the Auditor to be due on account of the opemtion of the pail systt•m by the Insular Gm·e1·mnc11t and transfer of all propel'ty purehased for the use of the pail system, from the Board of Health for the Philippine Islands to the city of Manila, four hnndr<'ll thousand pesos, or so much thereof as nmy be necessary. In 1111, for the city of 1-lanilu, two million six: hundred and forty thousand eight hundred and one pesos. SEC. 2. Th<' prnvisions of the first paragraph of section four of Act Numbered Eight hundred and four, pro\'iding the munner in which witlulrawuls of moneys appropriated in said Act shal'4 be mad<', Ill'<' hereby mnde npplicnble to the withdrawal of moneys appropriated under this Act. , SEC. :t The public good requiring the speedy enactment of this appropriation bill, the passage of the same is hereby expedited in 126 OFFICIAL GAZETTE acconlancc with section two of "Au Acl. pre,,crihing the order of procetlure by the Commission in the cnnctment of laws," passed September twenty-sixth, uineteen hundred. SEC. 4. This Act shull take efft•ct on it:-; passage. Enacted, February 6, l!.10-L equaling in money value the period of accrued leave estimated in accordance with the provisions of Act Numbered One thousand and forty, and he may be granted, if he so desires, such addi· tional leave, without pay1 as will give him the o.ggregate length of time on leave, with and without pay, as provided in the afore· --:: said act. EXECUTIVE ORDEUS. THE GOVERNMENT OF THE PHILIPJ>INE ISLANDS, EXECUTlVE BUREAU. MANILA, FebruMy 9, 1904. EXEC~~~~-0BDEB } The following regulations shall govern the matter of granting of leaves of absence under the provisions of Act Numbered One thousand and forty to all regularly and permanently appointed officers and employees in the Philippine civil service, insular, provincial, and of the city of Manila, except judges, and are hereby published for the information and guidance of all concerned, in 'order that a uniform pructicc may obtain throughout the service. Executive Order Numbered Four, series of nineteen hundred and three, is hereby revoked. I. Heads of Bureaus or Offices are directed to require a daily record of attendance to be kept of all officers and employees under them who are entitled to leave, on Philippine Civil Service Board Form Numbered Forty-eight, und also to keep a systematic office record showing for each day the absences from duty, from any cause whate\•er, of all officers and employees. At the beginning of each month they will forward to the Civil Service Board, on its Fo:i:m Numbered Three, a record of the absences from duty of all officers and employees from any cause whatever during the preceding month. 2. (a) Applications for accrued leave of officers and employees must be made in writing one week in advance, wherever possible, of the date on which the leave is desired to become effective, on Philippine Civil Service Board Form Numbered Thirty-nine, to the head of the Bureuu or Office for recommendation and trans· mission through said Board to the proper officer authorized to exercise executive control as contemplated in Act Numbered Two hundred and twenty-two. The first indorsement on said form must be completed by the head of the Bureau or Office. (b) \Vhen accrued leave during his first two years of service is requested by an officer or employee, the Civil Service Board shall state on the application the date on which payment for such leave may Properly be made under the provisions of Act Numbered One thousand and forty, and unless the Civil Governor or proper head of a Department directs otherwise, the head of the Bureau or Office shall require that payment fol; such leave be withheld until that date. (c) In case of the death of an officer or employee the head of the Bureau or Office will transmit through the Civil Service Board application on its Form Numbered Thirty-nine, containing a statem<>nt of the amount of all accrued leave due. (d) When an officer or employee is separated from the dvil sl'nice without prejudice, by resignation, death, or other cause, the money value of his accrued leave, estimated in accordance with th<> provisions of Act Numbered One thousand and forty, may become immediately due and payable if the state of the appro· printion from which his salary is payable warrants immediate payment. If the leave is commuted, payment therefor shall be made as provided by law; if the leave is not commuted, payment shall be made by the disbursing officer of the Bureau or Office from the unexpended balance for salaries and wages, and the position shall remain vacant for a period equal to the accrued leave granted. (e) An officer or employee who applies for accrued leave which was earned at different rates of compensation shall be granted leave with pay at the salary he is then receiving for a period (f) An officer or employee entitled to traveling expenses from his place of residence in the United States to Manila under the provisions of section two or nine of Act Numbered One thousand and forty, shall file with the Auditor for the Philippine Islands his expense account within thirty days, if possible, after arrival at Manila. 3. (a.) All applications for vacation leave of absence for a period of one full day or more must be made on Philippine Civil l::icrvicc Board Form Numbered Fifty-live; applications for less than one day will not be made on this form, but each such absence must be recorded, as usual, on Philippine Civil Service Board Form Numbered Forty-eight and on the office record, and reported to the lloard quarterly on its Form Numbered Three. All applications on Form Numbered Fifty-five should be forwarded to the Civil Service Board three days or more in advance, wherever pos· siblc, unless otherwise directed. In the case of sickness or unavoidable absence from other cause notice must be immediately sent to the head of the Bureau or Office, and the application, containing a brief explanation of the cause of delay in filing, for· warded later. ( b) 'fhe vacation leave of an employee whose salaries during a calendar year embrace the two rates of vacation leave provided in the schedule of section three of Act Numbered One thousand and forty shall be computed by allowing credit for the two rates in proportion to the part of the year served at each rate. (c) When vacation leave is requested by an ofllcer or employee during his first six months of service from the date of original appointment the Civil Service Boa,rd shall state on the application the date on which payment for such leave may properly be made under the provisions of Act Numbered One thousand and forty, and, unless the Civil Governor or proper head of a Department directs otherwise, the head of the Bureau or Office shall require that payment for such leave be withheld until that date. (d) Philippine Civil Service Board Form Numbered Fifty-five must be used by teachers for all absences during school terms on account of sickness or other causes, and the General Superin· tendent of Education shall require payment for such absences to be withheld until they have performed duty during vacation for a period equal to their absences from duty, as required by Act Numbered One thousand and forty: Provided, That if the absences were due to illness the withholding of salary may be postponed to the beginning of the next summer vacation. Form Numbered Fifty-five shall also be used by teachers in applying for permission to visit the United States. (c) ~\pp!iC'ations of officC'rs and <>mployl'1•,; for fnrtlwr h•;ffl' in cal'.C of absence on account of wounds or injuries incurred in the performance of duty, extending beyond the allowable vacation leave (paragraph c, section four, Act One thousand and forty), must be made on Form Numbered Forty, accompanied by medical certificate on Form Numbered Forty-one, of the Philippine Civil Service Board. 4. Urih1ss otherwise directed by the Civil Governor or proper bead of a Department, payment for the vacation leave of any officer or employee who has served less than two years shall be withheld until fi.~·e days after return to duty. In the event that it shall appear during the first live days after return to duty from vacation leave that it is not his intention to continue in the performance of ~is duties any longer than to enable him to draw all back salary which may be due him, such payment shall be withheld and full report thereof forwarded by the head of the Bureau or Office, through the Philippine Civil Service Board, to the Civil Governor or proper head of a Department, for action. OFFICIAL GAZETTE 127 ------- - -------~-----------------5. lf an officer or employee resigns after having taken vacation leave in excess of that proportion dqe for the part of the calendar year served by him, such excess vacation leave shall be charged against his salary or accrued leave: Provided, That if the vacation leave has been allowed on account of meritorious sickness the Civil Governor or proper head of a Department may direct that no deduction be made from his salary or accrued leave for such excess vacation leave previously allowed. 6. As a rule the resignation of a teacher will not be accepted prior to the termination of the school year: Provided, That if for sickness or other urgent necessity the resignation of a teacher who has served more than two years is nccepted without prejudice prior to the terminntion of the school year, he may be allowed salary for one week's vacation for every month actually taught by him since the preceding summer vacation, any absence charge· able to vacation to be deducted from this allowance. 7. Absence on Saturday shall be counted as abRence for one full day. A Sunday or a holiday occurring at the beginning or at the end of a period of accrued or vacation leave shall not be considered as a day chargeable to leave. Leave of absence for any reason other than serious illness must be contingent upon the necessities of the service. 8. Officers or employees on leave of absence are required to report to the heads of their respective Bureaus or Offices at the end of each month by registered mail their post-office addr~sses for the ensuing month and shall promptly report in a simihtr manner and in sufficient detail every unexpected and unavoidable delay which may have occurred during the period contemplated by their leave of absence. Absence from duty at station in the Phi1ippine Islands after the expiration of the leave due shall be without pay. 9. No officer or employee in the Philippine civil service shall be dropped from the rolls of his office for unexplained absence in the United States until nt least forty days after the expiration of the period of absence contemplated by the leave granted. 10. (a) All officers and employees who are granted leave of absence for the purpose of visiting the United States and who contemplate returning to duty upon the expiration of such leave of absence shall, before leaving the Islands. make application to the Executive Secretary for transportation returning to Manila. In each application the date of the expiration of len.ve of absence and the post-office address of the applicant while in the United States must be stated. (b) Immediately upon reaching the United State!! remittance covering cost of return transportation must be mndP to the Chief of the Bureau of Insular Affairs, War Department. Washington, District of Columbia, with a stah>ment of the date on which the applicant desires to leave the United States. All subsequent communications regarding return transpnrtation anrl prompt report of any changes occurring in the applicant's post-office address must also be directed to the Chief of the Bureau of Insular Affairs, and a duplicate ('Opy of each such communication mailed 1it the same time m the Executive Secr1>tary, Manila. who will forward it to the hf'nd of the Bureau or Offil"e interested, through the proper head of Depnrtmf'nt. LUKE E. WRIGHT, OWil GovernM. DF.CTSTO"S"S OF THE SUPREME COURT. [No. 1271. De<'('mhcr 4. HlOl!.l TffE UNTTFJn BTA TEB. complainant and apprllee. wr. TELEBFORO DA B.4 f, ET A_ f,., df'frndants and appellant.,. 1. PF.NAL LAW; MURDER; QUALIFI(',\TIVE CiRCUMSTAN('ES; PREMElllTA· TION.-Where It Is proved that several hours prior to the execution oft.he nlme proseC'Ut{'d Its nuthors, In theo C'ourse of a C'onversatlon. made use of expressions lndlC'atlnF:" that tbe murder of someone was betug discussed, this, taken In ronnectlon with the subsequent vlolent death of the deceased, shows that the quallftcatlve circumstance of evident premeditation was present, and the crime should be classified as murder. 2. Io.; In.; Acn;ssoams.-nurlng the mutiny, In the course of which the murder of the ftrst engineer was committed, aome of the defendants were seen working the ship, In obedience to orders given them by one of the authors of the crime, but it does not appear that they took direct part In the actual commission of the murder. Held, that this pnrtlclpat!on fixes the responsibility of said defendants as accessories. 3. Io.; In.; DEFINITION OF COMPLICITY.-ln order that It may be COD· sldPred that there was In the commission of a crime coOperatlon establishing the responsibility and character of an accessory, acts of aid and protection must have been rendered the author of the crime prior to or simultaneous with Its commission; that Is, there must have been acts or physical or moral aid, rendered Immediately or by Indirect means, so that the relationship between the principals and the accessories cl~arly appears, as well as the fact that they acted by common agreement and for the same criminal end. although the means employed by them for the execution of the crime may have been dl!Terent. 4. Iri. ; JURISDICTION: CRIMt: COMMITTED ABOARD A SHIP.-The Court of First Instance or the port where, after the commission of the crime, a ship lkensed In the Philippines put In, has jurlsdletlon of a crime committed aboard the ship, to the exclusion of all the other courts of the Archipelago. APPEAL from a judgment of the Court of First Instance of Manila. The facts are stated in the opinion of the court. Li,;m;s:\IA & Su:lll.:LONG and NAZARIO CONSTANTINO, for appellants. Solicitor-General ARANETA, for appellee. Tomu:s, J.: On September 11, 1902, an information was filed in the Court of First Instance by the assistant prosecuting attorney of the city of Manila, charging the thirty-five persons mentioned in the record with the crime of murder. The information alleged that on or about the 13th day of August, 1902, while the defendants were on board the Dos Hernwn-0.-i, an American steamer duly registered in the Philippine Islands, said steamer befog at that time within the navigable waters of this Archipelago and at a distance of less than 1 mile from the beach of the town of Virac, Catnnduanes Islands, Albay, they willfully, feloniously, treacherously, and with deliberntl' pr('mcditation, assaulted, killed and murdered one Antonio _\g'lHlo, sll'iking and wounding him with daggers, iron bars, and other deadly weapons; and that afterwards, to wit, on or about the 2d of September of the same year, the said steamer Dos llcrmmws enteJ"ed the port of Manila. The information above mentioned refers to n. crime committed on hoard a merchant steamer, registered as a coasting vessel in these Islands and at anchor in a port of one of the islands, therefore, under the provisions of section l of Act No. 400, passed by the Civil Commissicm on May 16, 1902, by which the organic law of the courts, Act No. 136, passed June 11, 1901, was modified and extended. The steamer Dos Hermanos having, after the commis!;ion of the crime, put into this city, it is incontrovertible that the Court of First Instance thereof has sole jurisdiction. to the exclusion of all other courts of the Archipelago, for the tria I of the case. The information having been admitted and the defendants anaigned, the plea of not guilty 'vas entered. Before the trial commenced Isidro del Valle and Tiburcio Soriano died; and with respcC't to the defendants Dumaso Sc;,gang and Carlos Septimo the case was dismissed, the Prosecuting Atlorney hn.ving entered a nollc proseq1ii. From the evidence introduced at the trial, and especially from the testimony of Miguel Morales, captain of tl!e steamer Dos Hcrmanos, together with that of First Ma~ Juan Zabala, Second Engineer Fabian Rendon. and the other witnesses examined, the following facts were established: Shortly after 8 o'clock on the evening of August 13, 1902, the steamer Dos Hernia.nos, a vessel bearing license No. 72, dated Jan· 128 OFFICIAL GAZETTE uary 11, 1900, authorizing her employment in the coastwise trade, was lying at anchor in the harbor of Virac, Catanduanf's Islands, at a distance of some 40 yards from the beach, with the bow toward the i;hore and the stC'rn seaward. Thr bow anchor was dropped and the stern made fast to the beach with a cable. Sup· per was just over nnd Captain Morales. Zabala. the first matr, and five passengers, three of whom were men nnd two women, together with Don Joaquin Homcro, a guest on the vessel, were sit· ting around the big ta.hie on the poop deck engaged in convPrs1ttion. The first and second engineers were amidships on the port side, engaged in conn•rsation just outside the officers' staterooms. Suddenly the !:iOtmd of the \"Oices of mnny men rushing from the bow of the ship was heard. Upon this Captain Morales and the matr, Zabala, jumped np and went down toward the place where the tumult was in progress. Just at this moment the first <>nginecr's \"Oice was heard shouting, "Quartermaster," and al the same moment they saw the second rngilwrr, Rendon, coming toward them on the run, pursued by the quartermaster, Pantaleon Cajilig. uncl several members of the crew, armed with knives, dagger,;, and iron burs. One of them attnrked Rendon and wounded him in the back with a dagger or a knife. while the quartermaster, in turn, attacked Captain Morales, inflicting upon him a stab in the groin. Morales tried to get into the pantry. Some ten or fomteen nwn endeavored to prevent him and one of them, in the counw of the struggle, cut him on the head with a knife. In the meantime First Mate Zabala. believing that the noisf' was due to a fight forward, went down the other side toward the seen<' of the disturba1wr. Upon seeing a number of the crew, nnnrd and evidl•ntly in mutiny, approaching him, he retreated. He was, howen•r, overtaken and (·alkc>r Elpidio Andrada, att•u•k1•tl him with a knift•. In the strul!"gle another member of the crew approached him and endeavored to throw him into the sea, and immediately after another seaman, Rufino de Jesus, struck him on the head with an iron bar. Zabala, however, finally succeeded in shaking off his assailants and made his escape into the pantry, where the captain and the scl'ond engineer, Rendon, had taken refuge. They closed the door and fi\•e of the mutineers, who unsuccessfull)' endeavored to for<>e an entrance. locked it with a key from the outside and remained on guard there. Some of them endeavored to stab tllC' inmates of the stateroom with daggers and knives through the port holl"s. About the same time one of the passengers, Faustino Tremoya. was wounded on the arm, and, upon retreating. was pursurd until he also took refuge in the pantry. He was unable to recognize his assailant. Chief Engineer Antonio Agudo was the officer first attacked when the mutiny broke out. He was assailed by Sf'\'rral of the mutineers and was wounded in ten places with diffl'rent weapons. The body of this officer was subsequently found in his stateroom. The steward, Vicente Amellategui, was also attacked, and, upon being struck with an iron hook, jumped overboard and disappeared. His body was never recovered. Thf! Chinese rarpenter, Tan Chuen, also disappeared and was not Rf'Cn again aftPr that night. While the attack was in progress the mutineers lowered the side awnings, which up to the time of the commencement of the mutiny had been pulled np, the lights on the steamrr were extinguished, three of the boats which had been in the water were raised, the cable by which the stern of the vessel was fastened to the shore was cut, the accommodation ladder was hauled up, the anchor raised with the donkf'y engine, tht> ship's engines were started, and the steamer was put in motion, unquestionably with the intention of leaving the port of Virac for parts unknown, and thereby escaping the l<'gal consequr1wes of thrir acts. The record docs not disclose the motive which led to the commission of tht> crime. First Lieutenant Fletcher, of the C'onstahnlary. who was on shore that night in thl' barracks near the hrnch. heard the shouting on board the steamer, and, belil'ving a fight was in prol!""rrss. got into a boat with two of his soldiers and headed for thr steamer. This was at about 8.30 on the night in question. AfU>r covering half the distance to the steamer he found a man swim· ming. The !utter wa,.; picked up, and, being barely able to bn·ath(', ("Ould gasp ouly the word .. fight." This man proved to he Dumaso Sopgang. In the nwuntime the anchor wus rais1•d and the stramel" commenced to move. The bout <•ontaining the Constabulary ollicl'l·s ran along thr port side of the ship, and Fh•tche1· shouted to the men on bourd to drop the anchor, wht>reupon a man on lhe hridge threw 11 lump of coal at him. Fletcher replied by firing at the man, who fell from the starboard side of the brhlgr. Li<·utcnant Fletcher then commenced firing at several men who were running the donkey engine near the anchor and ran his boat around to the starboard accommodation ladder, but fonncl this mis<>tl. Howevrr, finding a hanging stage at the stern, he managc·d to dimb on hoard the ship, which was at that time in motion. When he got on dC'ck the captain, who was near his statl•rnom, shouted to him to hurry. Lieutenant Fletcher ran to tlw l'llgin<' room and fir<>(! a couple of shots into it from his n·volwr. ordNing lhe mrn bt'low to stop the engine, which order wa:-1 imnwdiatrly obeyed. He then ran down to the stern and 1 fin'll ,.;rnrnl shot,; ut ;,om1• men he saw there, all of whom fled l'X("Pplinl!"" lhr<><>, who were c•apturC'd. Three or four others jumped into the watC'r. A sailor shot aml wounded one of the Constab· ulary men and was, in turn, fired at by Lieutenant Fletcher. During all this confusion the stramer ran aground near the mouth of llw harhor, about 150 yards from the place where it had bcrn anchored whrn th!! mnliny broke out. The first mate, Zabala, nm! the srC'ond engin<>N, H.C'mlon, jumped overboard and swam ashore. The first engineer was found in his stateroom, dC'ad, and <'O\'Cred with wounds. On the following morning, after the Constabulary had the situation under control, there were found s~att1•red about tlw deck daggers, knives, hatchets, and iron bars, some of them spnttered with blood, several piles of coal preparrd for use us missiles, the captain's swordstick, nnd later, hidden in u ~reuse box in the engine room, one of his revolvers. Vicente Uallardo, Ciriaco Silva, Gregorio Almondia, Pedro Rodriguez, :'.\[amerto .-\\'elilln, Rufino de Jestts, Marcelo Bertos, Pio Tionson, Felipe Almendras, Emilio J .. ebiga, Manuel Raon, Juan Briguela, .l\[ariano Gunuo, Antonio Villagracia, Pablo Concepcion, Dionisio cir la Cruz, Luis Dialuo, Estanisluo de Castro, Damian Oseson, )faC'ario Arevnlo, Eugenio Olores, Severino Damagat, Cipriano Rizado. Lui,; Tunnson, Exequiel Perez, and Antonio Villumor were lll'l"C'"Sted a111l taken ashore. Benigno Parra was apprehended on :-1)10re tlw lll'Xt day, and sewral days lat<>r Telesforo Dasal, one of the men who C'"scaped, wus captured. Lieutenant Fletcher in his testimony stated that he could not remember when~ Victorino Villucnr<>s and Trnnquilino Aga were apprenhendcd; nor could he :;tute whC'"ther the men arrested on board the ship and those who were identified b)' him took part in the mutiny and the us:-1ault upon the officers. He stated it was his belief that the purpose of the uprising was to steal the money on board the wsscl and to cnrry off the \'essel itself. He further testified that Pablo Conccpeion and Benigno Pana were wounded. the former in the hand and the latter in the side, by shots fired by the Constabuluy men. He stated that TeJe,,foro Dnsal was wounded in the leg by a policemnn at the time of his arrest on sho1·~, and that the quartermast<>r. Cnjilig. who was seen with Dasal sen·ral days aftrr the o<·<>m·n•1wr, managt>d to make his escape. "'ith n•spect to the defendant Juan BriguC'la, Lieutenant Fletcher testified that nft<>r Briguela wns told that ·unless he obf'yed c\·ery ordrr givrn him !IC' would be killed hl' was a~ked why he had stnrtcd the engines dming the mutiny, and he thereupon replied that at about 7 o'c·lock on the night of the occmrence the quartermaster, 1·evolver in hand, came to the engine room and told him he was to start the engines whenever the signal was given and that if he did not do so he would be killrd. Other members of the crew who wrrl' intrrrogated com·t>rning the OC'CUlTence replied evasively nnd said that thry hnd not done anything. The.calker, .\ndrad<'. and the seaman who uttacked the mate Zabala and OFFICIAL GAZETTE 129 tried to throw him into the sea we1·e killed by the Constabulary in the coursP of the mutiny. From the facts stated it clearly appl'ars that u number of nwn belonging to the crew of the stc>allll'I" Dos llamanos conspirt>d together to overcome the rest of the crew and kill the captain and olliccr" of the steamer, with thl' inh•ntion of seizing the vessel and its contents nml with it leaving for parts unknown. This outbr('ak resulted in the death of the first engineer, Antonio Agudo; the stl'ward, Vicente Amellatl'gui, nml the Chine,;c c·ar· pcnter, Tan Chuen. and in the wounding of Captain l\lornles, First :\lute Zabala. Sc('ond Engincl'r Rendon, and the passenger, }'austino Tremo~·i1. The killing of the first cmginecr, Antonio Agudo, must he classified as murder. He was put to death by several of the mutineel's on the night of August 13, 1902, thf1'y acting with f'vident premeditation and after refie<'tion concerning the pC'rp<'trntion of the crime, which they had conspired together to commit. This circumstance determines the nature of the crime and brings it within the provisions of article 403 of the Penal Code. The circumstance of C'Yhif'nt p1emt>dit.1tion is pn"wnt in a 111ark1•d cll'gT1'1'. for. without careful planning beforehand the erime abm·e rrluted would not haYe been committed. The court below in its judgment of Fcbrnary 11, 1903, c•ondemned Rufino de Jesus, Juan Brig1wla, and Telesforo Dasal to the pennlty of death and the other deft>ndants to the pl'nalty of life imprisonment at hard labor, a,;; authors of the C'rime of murder. Although we agree with the judge bC'low as to the classification of the crime and ns to the guilt of some of the df'ff'mlnnts, we c·irn uot agree with him as to that of otlwr;;. With rrspf'('t to some of the accused; the record C'Ontains no C'YidcnC'e whutt>wr that they took part in the crime herein prosecuted. It is unquestionable that a portion of the crew of the steamer Dos lfrrmunos participated in the mutiny and in thr attack upon thf' C'aptain nncl othrr officers, and more esp~cially 1qion the first engineer, whose body was subsequently founcl wound1«l in ten placC's. The presumption that some IO or 14 men took part in that uttaC'k is based upon the fact that in order to eff<'ct in so short a timf1' the various acts performed, many men mm•t ha\·e actl'd togethrr, although not necessarily the 41 who c0111posed the crew. lt C'an not be denied that a large portion of the new clicl not takl' any p111·t in the mutiny and had nothing to do with the nime committed by the mutineers. Consequently it was error to hold that all of the members of the stcamn'!:i crew should be rl'garded us (·oprineipals of the crime in que!:ition. Thi' record dof's not disc•lo:-;C' 1•\•idence of the guilt of all of the defendants. but only of some of thc>m. and the d1•g-ree of guilt of thrse nnies. Carlos Septimo, Damuso 8opg1rng. ancl ,Jorge Orlano WC'l't• also llH'lllbc>l'S of the crew of the stC'nnwr. hut. n1•\'f'rtlwlP:-.s took no part in the Mmmission of the crim1·. The evidrnC'c> a\:-;o show!:i that there were sewral other men who un<11wstionahly Wl'rc not implic·ated in the mutin~·. but who had not sullicicnt ('Ouragf' to follow Sopgang's examplf' and jump overboard. ThC'se simply com·C'aled themselves on board thf' stf'amer and waitl'd for tlw termination of the mutiny, without attempting to <':<cape. as did the ringleaders, the quartermaster, Pantaleon Cajilig. who has not been apprehrnded. and the hC'\mflman, Telesforo Dasul. who was arrested on shore several days after the occurrence. Although Telesforo Dasal, Rufino df' .Jesus. Pablo Concepcion. Gregorio Almondia, Emilio Lebiga, Benigno Parra, nnd Pedro Rodriguez pleaded not guilty, the evidence as to thl' guilt of these seven defendants, the first as coprincipal with the quartermaster, Cajilig, and the two men who were killed by the Constabulary, and the other defendants as accomplices, is convincing. Carlos Septimo testified that while he was going ashore in a boat on the afternoon of the day the crime was committed, accom· paniPd by Andrade, the quartermaster, Cajilig, and the helmsman, Telesforo Dasal. he saw these three men conversing together and 14068-2 heard Cajilig say to the other two in Spanish, "Where shall we kill him~" although without stating who was to be killed. This eon· versation shows that the mutiny and the killing of the engineer Agudo and the other crimes committed hnd been planned beforehand by these three men, one of whom was the defendant Dasal, and that they were the ringleaders of the mutiny. While the mutiny was in progress Dasal, armed with a knife, aided the other mutineers in the attack on the first engineer, Agudo, and also assisted the party led by the quartermaster and the calkcr in their attack upon the second enginet>r, Rendon. This is the testimony of the latter and of the witness Jorge Orlano. Furthermore, he was one of the men who pulled up the accommodation ladder, directed that one of the boats be rnised, and accompanied the quartermaster to the engine room to order Junn Briguela to get up steam. Consequently, it is unquestionable that he is guilty as principal by direct participation in the murder committed. This evidence given by the first officer, Juan Zabala, witness for tlw prosecution, and by the defendants Benigno Parra, Juan Briguela, Pablo Concepcion, and Emilio Lebiga, has not been overcome by the assertion of the defendant Dasnl, who denies that he had anything to do with the mutiny or the murder of Agudo. The cooperation in the commission of a crime which rc!:iults in fixing upon thf' guilty agent the responsibility of an accomplice requires acts either prior to or simultaneous with the commission of the crime which constitute an aid and protection to the person or persons guilty of the aetual commission of the crime; that is, prrpetration of IH'ts of moral 01· physical aid given mediately by indirect means in such a way as to make it clearly appear that the principal and the accomplices acted upon a common agreement for the purpose of effecting some criminal act, although the means employed by each may have been distinct and separate, (Penal Code, art. 14; judgments of the supreme ('OU rt of Spain of April 25, 1877; January 22, 1884; April 2, 1886; and June 7, 1886.) The <'ase contains sufficient circumstantial evidence to warrant the com•iction of the other defendants, Rufino de Jesus, Benigno P<l.na, Pablo Concepcion, Gregorio Almondia, Pedro Rodriguez, and Emilio Lcbiga as accomplices in said mmder. These six defendants were seen moving about the deck of the ship during the mutiny, which th<'y would not have done had they not been implicated in the con!:ipiral'y. Some of them, as Lebiga, Rodriguez, and Parra, were seen hauling up a boat and the accommodation ladder, thereby making it impossible for Fletcher to board the ship by means of the latter. These facts are shown by the testimony of the witness Jorge Orlano. The acts refcl'red to were performed in obedience to orders gh•en by the quartermaster, Cajilig. Rufino de Jl'sus was one of the assailants of First Mate Zabala, although the assault upon him was not the object of this prosecution. The evidence during the prosecution does not show that Rufino de Jesus took a direct part in the murder; nevertheless, the acts committed by him during the mutiny must be regarded as acts of complicity or of aid or protection to the murderers of First Engi· neer Agudo. It is worthy of note that both Captain Morales and First II.fate Zabala. testified that the mutineers were from ten to fourteen in number and to their number must be added as presumably guilty the quartermaster, Cajilig, who was not arrested, the two men killed on board, and Isidro del Valle and Exequiel Perez, who died after the trial commenced. The defendant Pana was likewise ordered by the captain, who saw him go by the front of the stateroom where he had taken refuge with the other officers, to fetch him his revolver from his stateroom. Parra, although he obtained the revolver, did not deliver it as commanded, and it was subsequently found in his possession by one of the Constabulary. The witness Concepcion testified that he was on watch at the stern of the vessel whf1'n the mutiny broke out; that he saw the (prnrternrnstrr. the Palkel'. and the helmsman Dasal and one of the :-.ramt>n run after the first engineer and that thereupon the witness 130 OFFICIAL GAZETTE immediatC!ly concealed himself in one of the boats, at thl' how. This statRrne>nt was incompatible with the }>l'O\"Cll fact that during the mutinu;r Conc<>pcion was seen walking about the deck in front of the stateroom in which the captain and officers had taken refuge. Apart from the testimony of First Officer Zabulu. to the effect that he saw Gregorio Almondia with the mutineers, Captain Morales affirms that on leaving the pantry he found on the deck near the bow a black lmt, which turned out to be the 1n·opNty of the said Almondia. The latter, also, according to the statement of Mamerto Avelilln, was the one who woke him up when the mutiny broke out, he ha\•ing been asleep in the for<'castle at the tim('. These six men took no direct part in the murder of the first engineer, nor did they induce the commission of the crime or c•oi.iperate in its commission by acts without which the crime could not have been perpetrated. Consequently, under article 13 of the Penal Code, they can not be regarded as principals. They did indeed perform acts of aid and assistance mediately and indirectly tending to the realization of the crime and in conformity with the intention and purpose of the principal,;; and thC'rcfore the responsibility of thC'se six defendants with rC'spPc•t to the murder is that of accomplicf's, under the provisions of articlC' 14 of the Penal Code. The details of the attack upon the first engineer, Agudo, were not determined at the trial, and the evidence does not disclose how the attack commenced or what the position of the deceased was at the time. If he was sitting with the second engineer, Rendon, by the side of the table at which they had eaten, he must have noticed the approach of the assailants, as did Rf'ndon, who wns able to seize a bar of iron to defend himself. Consequently, as it docs not appear that the deceased was attacked treacherously and under circumstances which gave him no opportunity to make a defense, it is improper to con!:iider the qualifieative circumst.·rnccs of ale· 1·osia present. The facts constituting- this (·irC'umst;uu·c• must hC' proven with the same degree of certainty as the crime itself and can not be inferred or presumed. Mutiny on board a vessel is. of itself, a crime sel"erely punished by special maritime laws of the former sovereignty. However, this crime, as well as other punishable acts, such as that of piraC'y, which the record shows to have been committed, have not been the object of the prosecution, and this decision must be limited solely to the crime of the murder of Antonio Agudo. In the commission of this crime it is proper to consider present the aggravating circumstances of abuse of superior power, noc· turnity, and, with respect to the defendant Telesforo Dasal, abuse of confidence. As to the first of these, owing to the gl'eat number of wounds inflicted on the decrased, Agudo, it is to be presumed that he was simultaneously attacked by several persons, and that the number of his assailants prevented him from making a defense. With respect to the circumstance of nocturnity, there can be no doubt that tlie mutinePrs availed themselves of the darkness of the night, at a time when the officers and the rest of the crew were off their guard, for the purpose of committing the crime above related, and, with reference to Dasal, it is unquestionable that, as he held the position of helmsman on board the vessel, in placing himself, in company with the quartermaster, at the head of the mutineers, and thereby using the influence he possessed over the seamen and other members of the crew as a result of his position, he abused the confidence reposed in him by the captain and officers of the ship and committed an act of treachery with respect to them. On the other hand, no mitigating circumstances were present, and consequently the adequate penalty must be imposed in the maximum grndc. Against the other defendants, Estanislao de Castro, Ciriaco Silva, Mamerto Avelilla, Manuel Raon, Luis Taunson, Mariano Gunao, Vicente Gallardo, Marcelo Bertos, Severino Damagat, Pio Tionson, Victorino Villacarlos, Antonio Villamor, Dionisio de la Cruz. Cipriano Rizado. Francisco Mendoza, Felipe Almendras, Macario Arevalo, Luis Dialao, Eugenio Olores, Damian Oseson, Antonio Villagracia, and Tranquilino Aga, the record contitins no evidence, not even circumstantial, that they took any part what· ever in the mutiny or in the crimes committed on the night of August 13, 1902, and more especially in the murder of Antonio Agudo. Consequently they must be acquitted. The majority of the court are of the opinion that the same is true with respect to the assistant engineer, Juan Briguela, who they think should also be acquitted of the charge. It is believed that he started the engine under compulsion, the quartermaster having, 1·evolver in hand, ordered him to do so, and having threatened him with death if he failed to obey, and, on the other hand, there is no evidence that he took part in the murder of the first engineer. I do not concur in the opinion of the majority in this particular. I believe that, as the exculpative allegation of the defendant Briguela has not been pro\"ed, and in consideration of the evidence against him, it having been proved that he performed acts of aid and protection to the principals of the crime both prior to and simultaneous with its commission, he should be convicted as an accomplice. For the reasons stated, we arc of the opinion that the judgment of the court below should be reversed. Telcsforo Dasal should be convicted as coprincipal of the crime of murder and condemned to the penalty of death, to be executed in the interior of the prison nnd in the manner prescribed by article 101 of the Penal Code, tht> crime having been committed prior to the passage of Act 451 of the CiYil Commission. In case said defendant Dasal should be pardoned he should be condemned to the accessory penalties of absolute perpetual disqualification and subjection to the vigilance of the authorities during his lifetime, unless these accessory penalties should be remitted in the pardon of the principal penalty. The other defendants found guilty as accomplices, Benigno Parra, Pablo Concepci6n, Gregorio Almondia, Pedro Rodriguez, Emilio Lcbiga, and Rufino de Jesus, should each be condemned to the penalty of se\'enteen years of cadcna temporal, to the accessories of C'i\·il interdiction during the period of the prinC'ipal penalty and to absolute, perpetual disqualification and subjection to the vigilance of the authorities during their respective lifetimes. The said deft>mlants, including the said Dasal, are further condemned to the payment, pro rata or in solidum of 1,000 insular pesos to the lwir.'! of the deceased, Antonio Agudo, without subsidiary imprisonment in case of insol"cncy, owing to the gravity of the principal penally, and to the pnyment each of one thirty-fifth part of the l'O!:itS of both instances. The defcndant!:i Ciriaco Silva, Marnerto Avelilla, Manuel Raon, Luis Taunson, l\foriano Gunao, Vicente Gallardo, MarcC'lo Bertos, Severino Dnmagat, Pio Tionson, Victorino Villacarlos, Antonio Villamor, Dionisio de la Cruz, Cipriano Rizudo, Francisco Mendoza, Felipe Almendras, Estanislno de Castro, Macario Ar~valo, Luis Dialao, Eugenio Olores, Damian Oscson, Antonio Villagracia, Trnnquilino Aga, and Juan Briguela are acquitted. The case is finally dismissed with respect to Isidro dcl Valle, Tiburcio Soriano, and Excquiel Perez, deceased, with the remaining costs of both instances de o'{icio, including the share thereof pertaining to Carlos Septimo and Damaso Sopgang, as to whom the case was dismissed during the trial. At the expiration of the usual period the cause will be remanded to the court below. accompanied by a certified copy of this decision for the execution of the judgment. It is so ordered. Arellano, C. J., Mapa, and McDonough, JJ., concur. WILLARD, J., concurring: I concur with respect to the defendants acquitted and as to the defendant Telesforo Dase.I, but do not agree with respect to the penalty imposed upon the others, bee-a.use, in my opinion, the other defendants convicted in this case are not accomplices but coprincipals. NoTE.-Mr. Justice ,Johnson took no part in the decision of this case. Judg11tcnt modified. OFFICIAL GAZETTE 131 [No. 1365. December 29, 1903.] 'l'JIR Ull.I'l'ND S'l'A.'l'BS, complainant and appellee, vs. GER1·~LSIO SAN1'IA.GO E'l' A/,., defenda11ts a,nd appellants. CRIMINAL LAW; MuRo~:n.-Two of the defendants, employed by the deceased ns guides, Jed the lntter into a11 umbusb, where they were suddenly and unexpl"('tedly atlacked In the rear with bolos by the guides and their confederates. The deceaeed were unarmed. Ileld, that the defendants are guilty of murder. HEVIE\\' of :t judgment of the Court of First InstanC'e of Zum· bales. Thi' facl!:i are stated in the opinion of the court. FnAXCISCO ZANDl"KrA, for uppellnnts. Solicitol"-Uenernl A11Ax~:TA, for appellee. ~kDO:>:OL"GH, J.: The defendant·s, Gervasio Santiago, Narciso Paras, Soterio Abelino, and Espiridion Filipino, were convicted in the court below of the robbery and assassination of three American marines, viz, Leander W. Sundblad, Nicholas P. Johnston, llUd John P. Conde, at Olongapo, Pro\·ince of Zambules, on the 21st of St>ptember, 1902, and Sotero Abelino was sentenced to life im· prisonment, and on the four other defendants the penalty of death was imposed. The facts prnved show that the three men who were assassinated employed the defendants, Sotero Abelino and Espiridion Filipino, on the evening of September 20, 1902, at the town of Olongapo. to act as guides. The marines had been journeying from Snbic nnd wel'e on their way to :Manila. These two guides, on that same evening, met the other three defendants aud eutcl'ed into a conspiracy and plan with them to ambush these marines und to murder and 1·ob them. On the nlorning: of Septl'mber 21 the guides and the three Ainericuns started on their journey from the barrio of Binictkan toward Dinalupijan, and, while crossing the river at the second ferry. when• the other three defendants were awaiting them, the marines were attacked by all the defendants, with bolos, and wrre killed. The bodies were drnggcd to the woods on the shore und left unburied. All the money the deceased had, a.mounting to about 100 pesos, was taken by the defendants and divided among them. In January, 1903, word reached the officers of the Constabulary that this crime had been committed, and an investigation was begun, which resulted in the arrest of the defendants. They all freely and without force, threats, or promises con· fessed that they had committed the a,;sassinntion and robbery in question. These confessions were made to Constabulary officers, to the justice of the peace at Subie, and to the auxiliary justice at Olongapo. These confessions were corroborated by the testimony of other witnesses and by the finding of the remains of the deceased at a place pointed out by the defendant Gervasio Santiago and within two and a lmlf hours' walk from the presidencia of Olongnpo. These rl'mnins, ronsisting of three skulls and of bones of the legs and the skulls, showrd distinct cuts or wounds in the backs of the }l{'ads and no cuts in front, except one, which had part of the jaw cut away. The three Americans were unarmed and were attacked in the rear. We have examined all the evidl'nce in the case carefully, and have no doubt whatever of the guilt of the defendants. The judgment of the court below is, thcr('fore, confirmed, ex· N·pt ~fs to the defrndant Sotrro Abelino, who al the time of the rommission of the crime was only sev<'ntl'en yl'nrs of age, and who was sentenced to imprisonnl{'nt for life. The extenuating circumstanc·es of age must be eonsi<lcred with respect to this defendant, who is accordingly srntenccd to twenty years of cadena temporal, with the colT<'sponding accl'ssories. The de· fondants herein arc also condemned to the payment jointly and severally of an indemnification of 1,000 Mexican pesos to the heirs of each of the decl'ased, and each of the defendants is furthermore condemned to the payment of a third of the costs. The judgment, thus modified, is affirmed. Arellano, C. J., Torres, Cooper, \Villard, :Mapa, and Johnson, ,JJ., concur. Judgment modified. BUUEAU OF CUSTOMS AND IJUJUIGUATION. TAltU.'1'' DECISJO::-. ClRC\;LAllS. No. 35i .-"Carri<tge k'J!obs" or "apron studs" 11ot nails. MANILA, .January 7, 1904. To all Collectors of Customs: The following is hereby published for the information and guid· ancc of nil concerned: "In the matter of Protest No. 2363, filed August 14, 1903, by Mr. Choa Tck Hee, against the decision of the Collector of Cus· toms for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rate and amount of duty chargeable on cntain merchandise described in Entry No. A 1964, Voucher No. 4i55, paid August 11, 1903. "The claim in this case is against the classification of certain nrticlrs in chief value of nickel-plated brass under parngrnph 68 b of the Tal'iff Revision Law of 1901, at $0.50 per kilo, not less than 15 per cent ad valorem, instead of as nails of nickel-plated brass under paragraph 68 a, at $0.20 per kilo, as entered. "The articles in question consist of nickel-plated brass knobs or buttons, into the bases of which are inserted small iron pins, which sen·c the purpose of fastening the articles to the wooden parts of carriages. 'I11ey are used as buttons or fasteners for caniage aprons or leathers and arc eonunercially known, bought, and sold as 'carriage knobs,' 'apron fasteners,' 'apron studs,' etc., but not as nails. "A nail is defined as 'a piece of metal consisting of a slender body, shank, or tang, tapering toward or pointed at one end and having a head at the other end, used for driving into or through wood or other material to fasten one piece to another, or to serve as a projecting pin upon which things may be hung.' (Standard Dictionary.) The entire article in this case is not a nail within the above definition, but a knob or button attached to a nail, the former being the component material of chief value. The com· posite articles are not specially mentioned, and being in chief value of nickel·plated brass arc prnvided for under paragraph 69 b, where they were properly classified. "Protest No. 2363 is therefore overruled and denied. (Signed) H. B. McCoy, Acting Collector of Customs fol' the Philippine Islands." H.B. McCOY, Acting Collecto1· of Customs for the Philippine lsland8. Ko. 361.-Wooden and copper segments, part.sofa comm11tator for an electric dyru.11mo,· other machi11c1·y {01· the gcnuatio1~ of electricity. MANILA, January 15, 1904. To all Collect01·s of Customs: The following is hereby published for the information and guid· ance of all concerned: "In the matter of Protest Xo. 2034, filed April 14, 1903, by Mcsi1rs. Murphy, ?i.foHi.s & Co., against the decision of the Collec· tor of Customs for the Philippine Islands, acting as Collector of C'ustoms for the port of 1\!aniln, as to the rnte nnd nmount of duty chnrg<>able on {'l'rtain mrrt•lrnndisc described in Entry No. 4811, Voucher Ko. 120:!2, paid April 14, Hl03. "The claim in this casr is against the classification of certain 132 OFFICIAL GAZETTE wooden and copp<>r ;;1•gme11ts, parts of a commutator for an electric dynamo, as 'other machinery,' under parngmph 25i (a) of the Tal'ifl' Revision Law of 1901, instead of as 'apparatus and appliances (not machinery) for electric lighting and power,' under paragraph 248 (a), at $:1per100 kilos, or as 'other machinery for the generation of electricity,' under paragraph 250, at $5 per 100 kilos, as now claimed in the alternative. "These parts are ,·ital and essential parts of a dynamo, and as such are so clenrly and unmistakably 'machinery' that the frivolous claim that they should be dassified under paragraph 248 (a), which is expressly limited to appliances which are not wtachi11ery, will not be considered save for the purpose of summarily over· rnling it. "'Ihe next point is thnt they should be considered as 'other machinery for the generation of electricity.' It has been stated thnt these parts are mnchinery and that they are machinery for the generation of electricity. They arc not, however, either dynamos, generators, or exciters; therefore they are accurately described as 'other (electric) machinery.' "Protest No. 2034, on the grounds above mentioned, is therefore sustained and a refund ordered to the importers in the sum of $6.52, United States currency. (Signed) H.B. McCoy, Acting Collector of Customs for the Philippine Islands." H.B. McCOY, A.cting Collecto1· of Customs {01· the Philippine Islands. No. 364.-Widtli of cation textiles. MANILA, January 19, 1904. 7'o all Collectors of Customs: The folloking is hereby published for the information and guid· ance of all concerned: "In the nrntt<'r of protest No. 2124, filed May 9, 1903, by Messrs. Dehn, },foyer & Co.1 against the decision of the Collector of the Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rate and amount of duty chargeable on certain merchandise described in Entry No. 8190, Voucher No. 15183, paid May 7, 1903. "The merchandise in this case consisted of certain plain printed cotton textiles, entered as being 65 centimeters or less in width, under paragrnph 117 ( b), at the rate of $0.14 per kilo, plus a surtax of 30 per cent. Cpon l'Xamination n portion of these textiles was found to exceed 65 centimeters in width, and was returned for duty under paragraph 118 (c), at the rate of $0.2i per kilo. plus a surtax of 40 per ecnt. It is against this change in classification that the protest is made, the protesters stating that the difference in width wal> occasioned during the starching, which caused some of the piC'ces to turn out wider than was intended. "It is immaterial to ascertain how or why the larger portion of this consignment exceeded 65 Cl'ntimetrrs in width. The fact remains that this merchandise did exceed 05 centimetcr!:i in width, and was therefore assessed in accordanee with the direct terms of the tariff. ··The line of demarcation is arbitrnrily fixed as to width as 65 centimeters, as is also the line of demarcation as to weight at 8 and 10 kilos per 100 square meters, respectively. Certainly no allowance can be made where textiles hll'n out to be widrr than was intended-possibly due to the starching-any more than where not quite enough starch is put in the textile so that it falls under the limit of weight. ]f textiles exceeded the limit of width by 2 or 3 centimeters and an allowance was made, would not allowances be claimed also where textiles f'Xcecd this additional limit by 2 or 3 centimeters? And. conv('l'sely, it would be logically permissible, if allowancrs arc to hf' made, for the appraiser to state that because. in his opinion, certain tcxtil<'s werf' eut a trifle narrower than was intended, or that a trille too much starrh had bt>en put in the textiles, they should he assessed at the higher rate because of the apparent or supposed intention. ~~~~~~~~~~~~~~~~~~~ 1l is well settled that duty must be assessed on the merchandisr us it is imported and in the condition in which it is imported. ·'Protest No. 2124, on the grounds above mentioned. is therefore on•1Tulcd and denied. (8igned) H. B. McCoy, Acting Collector of Cu»t'oms for the Philippine Islands." H.B. McCOY, Acting Collector of Customs for the Philip]>ine Islands. No. 30:>.---Coriandcr seeds. ?llA'.'>ILA, .lunuary 23, 1904. 1'o all Colfector.<1 of Customs: The following is hereby published for the information and guidance of all concerned: "In the matter of protest No. 2332, filed August l. Hl03, by Ang Quic Bi(•ng, against tlw decision of the Collector of Customs for the J>hiJippine Islands, acting as Collector of Customs for the port of 11fanila, as to the rate and amount of duty chargeable on eertain merchandise described in entries Kos. A 540 aml A 541, Voucher No. 3642, paid .July 31, 1903. "The claim in this ease is against the classification of coriander seed as 'spice,' under paragraph 296 (a) of the Tariff Revision Law of 1901, at $0.08 per kilo, instead of as 'seeds not elsewhere provided for,' under paragraph 302, at $0.50 per 100 kilos, as ('ntcred, or as 'other simple vegetable products,' under paragraph 81, at $2.50 per 100 kilos, as now alternatively claimed. '"The question as to what constitutes a spice has been the subject of much controversy in the United States, and several ('Onflicting decisions ha\•e been rendered. The latest decision on the subject uses the following language: "'It appears that the list of articles commonly and commercially 1·1•cogni7.t>d as spices includes cinnamon, cloves, pepper, nutmf'g, allspice, and mace, a class of articles having an aromatic, pungent, vegetable eharacter and used to flavor or give zest to food and certain beverages, but never includes marjoram and thyme leaves.' "It will be noted that those vegeLl.ble substances which are con1mcrcially known as spices are, as a rule, either tropical or semitropical products, and that the caption of group 3, Class XII, is 'tropical and scmitl'opical products.' Ordinarily very little weight should be given to chapter and section headings in tht> construction of a statute., still they may be consulted in aid of the interpretation in case of doubt or ambiguity. (Black, Int. of Laws, sec.78.) "Paragraph 296 provides for 'Cloves and other spices not specially mentioned,' and, applying the rule that 'when a general descripth'e term is employed in a statute in connection with words of puticular description, the meaning of the genernl term is to be ascertained by a reference to the words of particular description' (Wiebusch & Hilger vs. United States, 84 Fed. Rep., 451; Dingclstedt vs. United States, 91 Fed. Rep., 112; Black on Int. of Laws, see. 63), only such spices as are similar to cloves may be elassificd under this paragraph. "Coriander seed is not a tropical or semitropical product, nor is it ll vegetable product similar to cloves. It is used in medicine as a stimulant and carminative (Standard Dictionary, Century Dictionary, Encyelopedia Britannica, International Encyclopedia), and is also used for flavoring food. But it is evident that all products which may be used for flavoring food are not necessarily spices, or, at least, spices such as are enumerated under paragrnph 296. "Paragraph 81 provides for simple vegl'table products, no mention being made as to the class of ,·egetable products which may be classifil'd tlwreundel', though, falling under the eaption of 'simplt> drugs,' it is to be presumed that only vegetable products which arc used in medicine or possessed of medicinal qualities should be classified under that paragraph. Furthermore, it is to be nob•d thnt coriander sc•f'd is enumerated in trnde lists. not under the head of spices, but under the head of seeds and drugs. (Oil, Paint, OFFICIAL GAZETTE 133 and Drng Reporter; American Grocer; New York Commercial; ,Journal of Commerce and Commercial Bulletin; Druggists' Circular.) It is well settled that in 'fixing tlw 1-htssification of goods for the payment of duties, the name or dcsigna ti on of the goods is to lw und<>rstood in its known commercial 1-1ense, and that their denomination in the market when the law was passed will control their classificution, without regard to their s('ientific dcHignution, the material of which they may be made, or tilt' nsP to which they may be applied.' (Am. Net and Twine Co. rs. Worthington, 141 u. s., 468, 471.) "Coriander seed, from an examination of trade lisls, is not commercially known a:; a spice. while it is ('Illllllt>rnted in trade lists under the head of drugs. It being u simple' drug and a simple n•getablc prodm·t noi otl\C'rwise provid<•d for. it is specifically 1•nnml'rntrd undt•r paragrnph 81 and shonld ht• ihl're classifiec.l. "Paragraph 30:2 provides for o>eeds whic-h an• noi otherwise pro,·ided for, but us coriander seed is provided for under paragrnph 81 ns a simple medicinal product, and as iL mon• elosely resemlilt·s the class of n\C'rchandisc enumerated undt•r thnt puragraph as to nsc thun tlw seeds proYided for umler paragraph :l02, the req1\C'st for classificution under this parugrnph is deniPtl. "Protest :Xo. 2:J:J2, 011 the grounds ulioYc mentioned, is the1·cforc sustained and a refund ordered to the importer in tlw sum of $45.15, Cniied States currency. (Signed) II. B. McCoy, ~\cting C'ollector of Customs for the Philippine Islands." I-l. B. McCOY, Acting Collector of Customs for the l'hilippinc Islands. Xo. :!66.-Cha.ff or forage cultcl'. MANILA, Jamtary 2''{, 1904. To all CollCctors of Cirnfoms: The following is hereby published for the information and guida nl'e of all conc·crned : '·Jn the mutter of Protest Xo. 2:2:2:!, filed ,June l:l, 190:1, by }.fe;;srs. Calder & Co., ngainst the decision of the Collector of Customs fo1· the Philippine Island,,, acting as Coll<•(·lor of Customs for the port of ).lanila, n,; to the rate and umount of duty chargeable on certuin merchandisl' dt'Sl'rilied in Entr.v No. 11837, \'oueher Xo. 1944i, paid June 1:2, 1903. ''The claim in this easr is against the classification of a l'haIT or forage cutter under paragraph i5i b of thf' Tariff Rc,·ision Law of 1!)01 as other machinery not otherwise prn,·i(lcd for. instC'ad of under paragraph i45 as agricultural machinery. ·'A chuff or forage cutter is defined in Knight's Amrrican ::\lechanical Dictionary a;; 'a machin1· for chopping or cutting long feed. such a;; hay. ;;trnw, or stalks into chuff'; and in this same dictionar~· nnd in Knight's X<"w American ).l<"chanical Dictionar,y it is enumerated as an agricultural machi1w or implement. "The fact tiHJt such a machine is usrd in other than agricultural pursuits tlo(•s not divest it of its chara<'lt•r as an agrkulturnl machine. Plows or harrows ure used in making or repairing rouds. and yet they are none the less distinctive agricultural machines. The chief use to which a chaff or foragp cnttn is applied is for agricultural purposes, and it is <·omn\C'rciullv known as an ugriculturnl machine. · ''Protest Xo. 222:J is therefore sustained. and a rrfund i;; orderecl in the sum of $2.08, United States currrncy. ( 8igned) II. B. '.\lcUoy, Acting C'ollcctor of Customs for th<> Philippinr Islands." H. ll. :McCoy, Aoting Collector of Customs for the Philippine Jslund.'I. No. 36i.-Wagons. MA!"Il,A, Jr'rl1ruar!J .J, 1904. To all Collectors of Customs: The following is hereby published for tlw information awl gui1!arn:e of all concemcd: "In the matter of Protest Ko. 2371, lilrd August 19, l90:J, by the l'acilic Oriental '!'me.ling Company, against the decision of the Collector of Customs for the .Philippine Islands, acting as Collrctor of Customs for the port of .Manila, as to the rate and amount of duty chargeable on certain paso>cnger wagons described in Entry No. A 2104, Voucher No. 5513, paid August 19, 1903. •·The claim in this case is against the classification of two ·excursion wagons' as 'other carriages with two seats,' under paragraph 261 (b) of the Tariff Revision Law of 1901, at $15 <'ach, and two 'four-spring mountain wagons' as 'other carriagei, with not more than four scats,' under paragraph 261 (c), at $20 each, instead of as 'wagons,' under paragraph 264, at $i each, as entered. "These wagons were classified as carriages on the supposition that thcil' principal use wus lhe carriage of persons, and in accord· ance therefore with the terms of Tariff Decision Circular No. 87. lnvestigution, how~vcr, has developed the fact that their principal use is the transportation of mail, baggage, and light merchanc.lise, and that the conveyance of passengers, for which provision is made by removable seats, is merely an incidental or secondary use to which they may lie put if desired. The chief use is the test in such cases. "Prntest No. 23il, on the grounds mentioned above, is therefore sustained, and a refund ordered to the importer in the sum of $40, United States currency. (Signed) H. B. McCoy, Acting Collector of Customs for the Philippine Islands." H. B. McCOY, Acting Collector of Customs [m· the Philippine islands. No. 368.-.Uallcablc cast-iron union ff,anges. MA.NII.A, F'ebruary 3, 1904. To all UoUectors of Custom.&: The following is hereby published for the information and guidance of all coneerned: "In the matter of Protest No. 2360, filed August 14, 1003, by '.\Icssrs. :Manuel Earnshaw & Uo., against the decision of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rn.te and amount of c\uty chargeable on certuin merchandise described in Entry No. .\ 16ti5, \·oueher, Xo. 4ti70, paid August ll, 1903. ··The first claim in this casc is against the classification of eertain union !lunges as malleable cast iron, under paragraph .)8 of the Tariff Hevision Law of 1901, at $2.50 per 100 kilos, instead of as cast irnn under paragrnph 32, at $1.20 per 100 kilos, as entered. '·An examination of the sample reveals a very close grain, which is dul' to the fact tlmt a percentage of steel has been admixed, which steel is estimated by various experts to be about 2;) per t•eut. The admixtun• of the steel in such proportions to \\·hat would be ordinarily common cast iron makes the mass "omewhnt malleable, .us shown by a sample piece that has been lwatetl und welded by means of the steam hammer. "The examiner returned the articles as 'malleable,' assimilating tlw cast-iron steel mixture to malleable cast iron for th<> purpose of classification under the Tariff. It is pointed out that under Croup 2 (which includl's paragraph 32) only ordinary cast iron ('an be classified, and that malleable cast iron, steel of all descrip· lions, etc., eome under Group :J, a suliparngraph of which is paral!ITtph 58. Mixtures of cast iron with steel (in considerable proportions) must be assimiluted to one or other kind of iron specially provided for, and th<>y arc properly assimilated to malleable cast iron which thc~· closely resemble. This claim is thcrefore overruled and denied. "The seeond claim against as;;essmf'nt of duties upon goods imported from Spain on the usual <'onstitutional grounds, is also o\'erruled and denied. "Protest No. 2360, on thl" grounds mentioned above, is therefore 134 OFFICIAL GAZETTE overruled and denied. (Signed) H. B. McCoy, Acting Collector of Customs for the Philippine Islands." H. B. McCoY, Acting Collector of Customs for the Philippine Islands. No. 310.-Strawbcrry fruit pulp; preserved. MAN"ILA, February 3, 1904. To all Collectors of Customs: The following is hereby published for the information and guid· a nee of all concerned: "In the matter of Protest No. 1869, filed Febrnury Hl, 1903, by Mr. M.A. Clarke, against the decision of the Coll<>ctor of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rate and amount of duty c:hargcable on certnin merchandise described in Entry No. 1879, Voucher No. 5188, paid February 16, 1903. "The claim in this case is against the classification of cl'rtain fruit pulp as a 'sweetmeat,' under pan:igraph 332 of the Tariff Revision Law of 1901, at $0.125 per kilo, or not less than 20 per cent ad valorem, the former rate prevailing, instead of as 'preserved fruit,' under paragraph 322 ( b), at $0.04 per kilo, as entered. "The article under protest is crushed fruit preserved in sugar. Against the classification as a 'sweetmeat' it is pointed out that 'sweetmeat' as defined by the Century Dictionary is as follows: "(l) 'A sweet thing to eat; an article of confectionery made wholly or principally of sugar; a bonbon. "(2) 'Fq1it preserved with sugar either moist or dry; a conse1Te; a preserve.' "lt would not be questioned that a fruit preserved whole is more specifically described as 'preser\'C•d fruit' (puagraph 331 or 322 b) than as a 'sweetmeat' (paragraph 332). 'Sweetmeat' has two meanings, but from the context of paragraphs 331 and 332, it is obvious that the second meaning is there provided for and that it was the first meaning alone that was in the minds of the legislators when they enacted paragraph 332. To give the second meaning to the word as it appears in parngraph 332 would be to render the paragraph repugnant to both paragraph 322 and 331, which was certainly not the intention of the legislators. 'fhe rule which is so clearly applicable in the case of whole fruit, is equally applicable in the case of fruit which is merely crushed. The merchandise in this case has the consistency of a jam or marmalade and should accordingly be classified under paragraph 32::! ( b). (See Tariff Decision Circular Ko. 218.) "Protest No. 1869, on the grounds above mentioned, is thcreforn sustained, and a refund ordered to the importer in the sum of $18.ll, l;nited States eurrency. (Signed) H. B. :M:cCoy, Acting Collector of Customs for the Philippine Islands." H.B. McCOY, . -tcting Collectoi· of Customs for the Philippine Islands. CUSTOMS ADlUNISTRATlVE CIRCULAR. No. 281.-Publishing additional regulations governing the issuance of signal letters and official numbers to vessels in the coast wise trade; and amending Customs .4.dmimistrative Uircular No. 260. MANILA, .January 26, 1904. To all Collectors of Customs: PARAGRAPH 1. Paragrnph V of Customs Administrative Circular No. 260, <luted December 1, l9oa, is hereby amended to l'C'Ud as follows: "PAR. V. 1he official number shall be marked at the expense of the owner in Arabic numerals, which shall be at least three inches in height when the size of the main hl'am shall permit. When the main beam is of wood, the figure» ;;hall lw carved or burnetl thereon in figures not less than three'-eighths nor more than one-half inch in depth, and one·half inch in width; if the main beam is of irolJ or other nwtal, the official number shall be chiseled thereon in figures not less than one-eighth inch in depth by one-half inch in width.'' PAR. II. Signal letters will not be assigned to vessels of Jess than 15 tons gross burd<'n, nor to vessels not actually engaged in the general coastwise trade. PAR. III. If signal lettel's are not desired by owners of vessels of less than 100 tons gross burden, the words "and signal letters" in the application, Form No. 340, should he stricken ouL. PAR. IV. The number and class of license, the number of the certificate of protection, and the port at which the application is made, shall be marked on the application of a vessel applying for an official number and signal letters. PAii. V. So much of Customs Administrative Circular No. 260 as is inconsistent herewith is hereby revoked. H.B. McCOY, :lcting Collector of Customs' for the Philippim.e Islands. No. 63. MANILA, Janum·y 30, 1904. PARAGRAPH I. l\fr. \Ym. J. Spangenberg is hereby designated a:-; information clerk, Manila custom-house, and shall be located in th<> rotunda, between the importation, exportation, and navigation division and the liquidation division. PAR. II. Any person applying to him shall be furnished with lhc n<'cessary information regarding the transaction of their cu;:;toms business and shall be directed to the division of the c·ustom-house whC'rc his or her business should be transacted. PAlt. III. All documents and circulars for publie distribution ;;lrnll be delivered by the Additional Deputy Collector of Customs in churge of the correspondence division to the information clerk, and shall be furnished by him to the persons inquiring for the PAn. IV. The information clerk is hereby directed to use every endeavor to assist the public in the transaction of customs busi111>ss and to furnish the information needed to insme the prompt and expeditious dispatch of public business. PAn. V. This order shall be efft>ctive on Monday, February 1, l!.104. H. B. McCOY, Aeling Collector of Customs for lhe Philippine Islands. PHILIPPINE CIVIL SERVICE BOAUD. EXAlUNA'l'ION FOR MACHINIST . The Civil Service Board announces an examination with a view to securing eligibles for appointment to the position of machinist compensated at an annual salary of $1,200. Information relative to this examination may be obtained at the office of the Civil 8erviCT' Board. EXAMINATION FOR ASSISTANT PllAR~{ACIST. The Civil Service Board announces an examination in Spanish on :March 7 for the positions of assi»tant phannacis't at Bilibid Prison and in the Bureau of Public Health, compensated at salaries of $300 and $240 per annum, respectively. The subjects and weights of this examinnLion will be found under section 39 of the )fanual of Information relative to the Philippine Civil Service. Further information and the necessary application blanks may be obtained at tlw office of thr Philippinr l'il"il 8ervic<> Board, In· tendrneia Iluilding, Wall<>d City, ::Unnila. OFFICIAL GAZETTE 135 - - - - - - .. ------------------ - Contents. Publ~o~aiQ46. appropriating the sum of $500,000, In money of the United States, from the tund of $3,000,000 appropriated by the Congress of the United States for the relief of distress In the Philippine Islands, for expenditure under the direction of the Civil Governor upon the resolullons of the Phlllpplne Commission. No. 1047, appropriating the sum o[ $500,000, In money or the United States, for continuing the Improvement of the port of Man Ila. No. 1048, making appropriation for sundry expenses of the municipal go,·ernment of the city of Manila for the fiscal year ending June 30, 1904, and other designated periods. Executive orders: D No. 9, regulations whieb govern the granting of leaves of absence under Act No. 1040. Dasal et al. ~antlago et 111. No. 357, 'carriage knobs" or "apron studs" not nails. No. 361. wooden and ("Opper segments. parts of a commutator for an electric dynamo; other machinery for the generation or electridty. No. 364, width ot cotton textiles. No. 365, coriander seeds. No. 366, chaff ot forage cutter. No. 367, wagons. No. 368, malleable cast-Iron union flanges. No. 370, strawberry fruit pulp, preserved. Customs Administrative CircularsNo. 281. publishing additional regulations governing the Issuance of signal letters and official numbers to vessels In the coastwlse trade; and amending Customs Administrative Circular No. 260. Manila Custom-House General OrderNo. 63. desli::nntlng Mr. ·wm. J. Spangenberg Information clerk of the Manila custom-house. Philippine Civil Servl<'e Board: Examination for machinist. Examination for assistant pharmacist. Announcemeut. The Omclal Gazette Is published weekly by the authority of the Government of the. Philippine Islands. It will be furnished by mall to subscribers, free of postage, on the following terms : One year..... . .................................... $8.00 One month.................... . ................... 60 Single copies, each... .15 Subscriptions should be paid In advance, In money of the United States, and all communications should be addressed to tbs editor of the Official Gazette, Manila, P. I. Send remittances by postal money order or registered letter to Mu: L. McCollougb, editor Omdal Gazette, Manila, P. I. Office of the Official Gazette: Santa Potenclana Building, Walled City, Manila, corner Calles Palacio and Victoria. The GoYernment of the Phili1•1,ine Islands, Legislative. THE PHILIPPINE COllMISSION. {Ayuntamlento--The Palace.) Co111m1ss1mH-r.• -Lukf' E. Wrig-ht, PrPsidP11t; DPan C. "\\'on·ester, Henry C. Ide, James F. Smith, Trinidad H. Pardo de Tavera, .1ose R. Lu:r.urlnga, Benito Legnrda. 'E::iiflcutlve, Civil Governor-Luke E. Wright: acting private secretary, L. W. Manning; Captain Robert H. Noble, Third United States Infantry, Aid-de-Camp to tbe Civil GovPrnor. Vice-Oovcrnor.-He>nry C. Ide. Secretary of the Interior.-D"!an C. Worceater; private secretary, E. O. Johnson. Sc<:-retan1 of Commerce and Pnli.<'r.-Vacant. Serretarv of Finance and Justtce.-Henry C. Ide; private secretary, Jackson A: Due. Secretary of PubHc In.11truction.-James F. Smith; private secretal"1. W. H. Donovan. Ezecutive Bureau.-A. W. Fergusson, Ezecutlve Secretary: Frank W. Carpenter, Assistant EJ:ecutlve Secretary; R. D. Fergusson, In charge, Translating Division; Claude W. Calvin, Recorder of the CommlBBlon, Chief ot Legislative Division: G. M. Swindell, Acting Chief of Admlnlstratlon and Finance Division; Sidney ThoII1aB, Chief or Records Division; H. A. Lampman, Disbursing Oftl.cer. Bureau of In.11ular Purchasing Agent.-Major E. G. Shields, Insular Purchasing Agent; A. L. B. Davies, Local Purrbaslng Agent Improvement of the Port of Manira.-MaJ. C. Men. Townsend, Corps or Engineers, United States Army, oftl.cer ln charge. PMlippine Civil Service Board (Intendencla Bulldlng).-Dr. W. S. Washburn. Chalrma11; Dr. B. L. Falconer, Dr. Jose Alemany. Board of Health for the Philippine Ialand8.-Ma,. E. C. Carter, Surgeon. United States Ari:ny, Commissioner of Public Health: Capt. E. L. Munson. Assistant Commissioner of Public Health; Dr. Thomas R. Marshall, Chief Health Inspector; Henry D. Osgood, Sanitary Engineer; Dr. Manuel Gomez. Secretary. Quarantine Service {United States Public Health and Marine-Hospital Service; 78 Madrid) .-Dr. Victor G. Helser, Chief Quarantine Oftl.cer; Drs. Chas. W. Vogel and John D. Long, Assistants. A!arivele.t Detention and Di.tinfeclion Station.-Dr. John M. Holt, In command; Dr. R. H. Creel, Assistant. lloilo Quarantine Statio11.-Dr. Geo. W. McCoy, In coi:iu:nand. Cebu Quarantine 8talion.-Dr. Carroll Fox, In command. Jolo Q11aranfinc Station.-Dr. M. K. Gwyn, In command. N1~fhe:~~nf;~eg:1t!Jn~~~:::~~111~~ii11~~~ 'Ra~:~t·c. G~~;~~t,PAs~1::::i Chief. lllfoi11g Bureau (358 Cablldo).-H. D. Mccaskey, Chief. Philippine Weather Bureau (Calle Observatorlo, Ermlta).-Rev. Jos6 Algu~. S .. J., Director (in United States). Bureau of Public Landi (lntendencla Bulldlng).-WIU M. Tipton, Clttef. Bureau of AgricuUurB (155 Nozaleda).-Prof. F. Lamson-Scribner, Chief (on leave) ; W. E. Welborn, Acting Cblef. Ethnological 811rvey for tlte Philippine Islands (228 Nueva, Ermlta).Professor A. E. Jenks, Chief. Bureau of Governmint Laboratorl6.t (719 Irls).-Dr. P. C. Freer, Superintendent Government Laboratories; Dr. R. P. Strong, Director Blologlcal Laboratories; Dr. James W. Jobllng, director of Serum Laboratory. teo".fl!'~P~~;sl~~~l a::sg~~~eo~'.91 Irls).-Dr. H. Eugene Stafford, AtCivil Sanitarium (Baguio, Benguet).-Dr. J. B. Thomas, Attending Phya!clan and Surgeon. DBPARTMENT OY' COMMERCE AND POLICE. Bureau of Posts (149 Escolta).-Chas. M. Cotterman, Director; H. M. Roblnaon, Assistant Director (on leave . Bureau of PMlippinea Gen. Henry T. Allen, U. S. A., Scott, U. S. A., Assistant Chief, H. Bandholtz. U. S. A .• Assista Lleut.-Col. Wallace C. Taylor, A trlct: Maj. Jesse S. Garwood, District; Col. James G. Harbord FICth District; Maj. Samuel D. duty at Constabulary headqua U. S. A .. Assistant CbleC, Chief Supply Omcer. Bureau of Prisons (Headquarters, Blllbld Prison, Calle Irls).-George N. Wolfe, Warden: M. L. Stewart, Deputy Warden; W. N. Chandler, Assistant Deputy Egbert Adams, Cash B11reau of Coast United States Navy United States Army, Br!:~~:~. '¥r::seule~~:a[heTPtfi~7in!1~~~~~::1~:0 ~~.11t~nif!~-;;~~?~1at: ant Treasurer. Burcai1 of the In.tular Auditor (lntendencla Bulldlng).-Abraham L. Lawshe, Auditor of the Philippine Archipelago; W. W. Barre, Deputy Auditor. or 1b~~~~~soffo~"t'~~m:h~~pfn1:'i~Y~:~~n<'~'fea~)r~~. ~u::~~o;o~~f~~ Collector of Customs; Frank S. Cairns, Surveyor. Bureau of Internal Re11enue (147 Anloague).-Albert W. Hastings, Acting Collector. Insul4r Cold Storage and Ice Pl4nt.-Cbarles G. Smith, Superintendent. Bureau of JusHce.-Lebbeus R. Wllftey, Attorney-General (on leave) ; Washington L. Goldsborough, Aaslstant Attorney-General; Gregorio Ar1Lneta, Solicitor-General; James Ross, Supervisor ot Provincial Fla<'als; Geo. R. Harvey, Assistant Attorney-General tor the Constabulary. DBPARTHENT OJI" PUllLIC INSTRUCTION. ll11reaii of Educatio11 (Santa PotenclanaJ.-Davld P. Barrows, Gen<'flll Superintendent of Ed1watlon; Frank R. White, Aesistant. Bureau of Public PrinHng.-Jobn S. Leech, Public Printer. Bureau of Architecture and Can.ttruction of Ptiblic Buildings (Calle Anloague) .-Edgar K. Bourne, Chief. Bureau of Archives (Palace) .-Manuel de Iriarte. Chier. Bureau of Pattnts, Copyrights and Trade-Marks (Palace).-Manuel de Iriarte, In charge. American Circulating Ltbrary (70 RosarloJ.-Mrs. Egbert, Librarian. Olftcial Oazett6 (Santa Potenclana Bulldlng).-Mu L. McCollougb, Editor. Census Bureau.-Brlg. Gen. J .. P. Sanger, United States Army, Director of the Census (In United States). Judiciary, SUPBBME COURT. "(Audlencla, 47 Palacio.) Chief JuaticB.-Don Ca'Yetano Arellano. Aa.tociate Jush"ce.t.-Florentlno Torres. J. F. Cooper, Victorino Mapa, Chas. A. Wiilard. E. Finley Johnson. and John T. M<'Donougb. Clerk.-J. E. Blanco. · Rcporter.-Fred C. Fisher. J11dge.-A. S. Crossfteld. J1td{lr.-Felix M. RoJ:as. (Palace.) COUllT OJ/" LAND JtEGISTJlATION. (138 Calle Real. Walled City.) Judge.-S. del Rou.rlo. Anociate Judge.-D. R. Williams. Clerk.-J. R. Wilson. 136 OFFICIAL GAZETTE COURTS OJ' naST INSTANCE. Manila, Part J.-John C. Sweeney, judge. Manila, Part fl.-W. J. Rohde, Judge. Manila, Part S.-Byron S. Ambler, judge. Manila, Part .t,.-Manuel Araullo, judge. Clerk.-J. McMlcklng. First Dlstrict.-Albert E. McCabe. Second Diatrict.-Dlonlclo Cbangco. Mountain Dittrict.-Cbarles H. Burritt. Third D1strict.-Artbur F. Odlln. I<' · • Julio Llorente. Estanlslao Yusay. Ignacio Vlllamor. .-Paul W. Linebarger, rant T. Trent. Ninth District.-Henry C. Bates. Tenth Dittrfot.Eleventlt Dl'.&trict.-Adam C. Carsou. Twelfth District.-Jamee H. Blount. Thirteenth Dittrict.-Warren H. Ickls. Fourteenth Dfatrict.-John S. Powell. Fifteenth Di8trict.-Wm. F. Norris. Additional judgcB.-Adolpb Wlslezenus, Caplz; Beekman Winthrop; Miguel Logarta. Standing (;ommittecs, 'l'ni(t.•1.l State~ Phili1•11itw ('onunission, Agricul!ure and Fisheries.-Commlsslonere Luzuriaga (Chairman), Worcei>ter, and Tavera. A.ppropriations.-Commlssloners Ide (Chairman), Luzuriaga, and Tavera. Banking and Curre1~cy.-Commls1>loners Luzuriaga (Chalrmall), Ide, and Legarda. an~i&~!ii~f~t~~~·ld~.ommlss\oner Legarda (Chairman), the President, Commerce.-Commlssloners Wright (Chairman), Luzuriaga, and Ide. Fra11chises and Coryuratfo11s.-Commlssloner Wright (Chairman), the N1m·Christia11 Tribes.-Commlssioners Worceste'r (Chairman), Tavera, and Wright.' Police and Prisons.-Commlssioners Wright (Chairman), Legarda, and Smith. Printing.-Commlssloners Smith (Chairman), Tavera, and the Presl· dent. Public 111structio1L-Commlssloners Smith (Chairman), Tavera, and Worcester. Public Land8, lllining, and Foreslry.-Comml5Sloner Worcester (Chairman), the President, end Commissioner Luzuriaga. TBZation and Revenue.-Commlssloners Legarda (Chairman), Ide, and S1Dith. Provincial Governments in the Phili1•J)iues. Abra.-Bangued, capital. Governor, Juan Vlllamor; secretary-ftscal, Lucas Paredes; supervisor-treasurer, Archibald McFarland. Albay (Luzon).-Albay, capital. Governor, A. U. Betts; secretary, L. Thomas; treasurer, C. A. Reynold!!; supervisor, William A. Crossland; fl.seal, M. Calleja. Ambos Camari11es (Luzon).-Nueva Caceres, capital. Governor, Juan Pimental; secretary, Roman Enrlle; treasurer, J. Q. A. Braden; super· visor, E. P. Shuman; fiscal, F. Contreraa. dr:'~~~f:n ~ P:e~~~(a;;~A. ~~~z~~ ~~:~:;!~~~r-~~~~~~rer ?0 B.e':R0lie1:~r fiscal, v. Gella. Bataan.-Balanga, capital. Governor, Jno. W. Goldman; secretary, L. L. Zlalclta; aupervlsor-treae.urer, Emery R. Yundt; flacal, Ambroclo Delgado. ret~~~~n~~ C(a~~~~n{r-;;~,::::.g~: D~pl~~~ncl~:rdefo~~Pe~~Ifseo0r~ ~~~~s~ey Westerhouse; flacal, D. Gloria. Benguct.-Bagulo, capital. Governor, Wm. F. Pack; secretary, Egml dlo Octavlano; acting supervl11or, (provincial governor). Bolwi ( Bolwi).-Tagbllaran, capital. Governor, Anlceto Clar In; secretary, M. Sarmiento; supervisor-treasurer, C. D. Uplngton; fiscal, Ga· vino Sepulveda. Bulaca11.-Malolos, capital. Governor, Pablo Tecson 'Y Ocampo; secretary, Francli>co Meralos; treaaurer, R. W. Goodhart; supervisor, Harry Thurber; f111cal, M. Crisostomo. 0 Cagayan.-Tuguegarao, capital. Governor, Oraclo Gonzaga; secretary, Pastor Salo; treasurer, W.W. Barclay; supervisor, William E. Pearson; flscal, Vicente Nepomuceno. Caplz (Panay).-Caplz, capital. Governor, S. Jugo Vidal; secretary, Emiliano Acevedo; supervisor-treasurer, F. S. Chapman; fl.seal, A. Pardo. Cavitc.-Cavlte, capital. Governor, Capt. David C. Shanka, United States Army; secretary, D. Tirona; acting treasurer, James R. Shaw; supervisor, Russel Suter: flscsl, F. Santa Maria. Cebu (Cebu).-Cebu, capital. Governor, J. Clime.co; secretary, L. Alburo; treasurer, Fred J. Schlotfeldt; supervisor, Harry C. Delano; flacal, Mariano Cul. /locos Norte.-Laoag, capital. Governor, Julio Agacollll; secretary, M. Flor: trensurer, J. N. Currie; supervisor, Paul F. Green; II.seal, Pollcarpo Soriano. Ilocos Sur.-Vlgan, capital. Governor, Mena Crlsologo; secretary, Fernando Ferrer; treasurer, Fred L. Wilson; supervisor, J. C. Hawley; fiscal, Vicente Singson. Iloilo (Pa1~ay).-Ilollo, capital. Governor. M. Delgado; secretary, J. Yusay; treasurer, Charles C. McLain; supervisor, Maurice W. Tuttle: flacal, Andrew V. Smith. Isabela.-Ilagan, capital. Governor, F. Dlcho110; secretary, vacant; superviaor-treasurer, N. B. Stewart; lbcal, C. Alzona. La La9111~a.-Santa Cruz, capital. Governor, Juan Calllea; aecretary, Jos6 Rivera y Cosme; treasurer, Henry K. Love; supervisor, David A. Sherfey; fl.seal, Hlg\nlo Benitez. La U11fo11.-San Fernando, capital. Governor, Joaquin Ortega; secretary, Andres Asprer ; treasurer, Frank B. Paraons; supervisor, Bert H. Burrel; fiscal, J. Baltazar. Lepanto-Bontoc.-Cervantes, capital. Gover11or, William Dinwiddie; 5ecretary-treasurer, James C. Owens; 5upervlsor, M. Goodman; lieutenant-governor (BontocJ, Daniel Folkmar; lieutenant-governor (Ambura· yan), W. F. Gale. Le.vte.-Tacloban, capltal. Acting governor, P. Borsett; secretary, Emlgdio Acebedo; treasurer, \V. S. Conrow; acting supervisor, Oliver D. Filley; flscal,R. Fernandez. Masbalc.-Masbate, capital. Governor, Bonifacio Serrano; treasurer, and acting supervisor, J. A. Comdohr; fiscal, Ambrosio Delgado . .Mindoro.-Puerto Galera, capital. Governor, Capt. R. S. Offley, 30th Infantry, U. S. A.; aecretary, Fernando San Agustin; supervisor-treasurer, Carroll H. Lamb; fiscal, M. Quezon. ftlisamis.-Cagayan, capital. Governor, M. Corrales; secretary, A. Velez: supervisor-treasurer, E. E. Barton; fiscal, N. Caprlstrano. Moro.-Zamboanga, capital. Governor, Gen. Leonard Wood, United States Army: aecretary, Capt. George T. Langhorne, United States Army; attorney, John E. Springer; treasurer, Fred A. Thompson; engineer and supervisor, Capt. Charles Keller, United Statea Arm-y; auperlntendent of schools, Dr. Najeeb M. Saleeby. Nueva Ecija.-San Isidro, capital. Governor, Eplfanlo de Joa Santoa; se('retary, R. Roque; treasurer, J. B. Green; supervisor, C. D. Wood; fiscal, R. Maflalac. Nueva Vizcaya.-Bayombong, capital. Governor, L. E. Bennett; aecre· tary-treasurer, William C. Bryant; acting supervlaor, Wm. H. Nlppa. Occidc11tal Negros.-Bacolod, capital. Governor, Leandro Locsin; aecretary, L. Moreno; treasurer, P. A. Casanave; supervisor, H. M. Wood; flsral.M.manco. Oriental Nc;gros.-Dumaguete, capital. Governor, Demetria Lnrena; secretary, J. Montenegro; supervisor-treasurer, H. A. Peed; fiscal, E. Araneta. Pampanga.-Bacolor, capital. Governor, Ceferlno Joven; secretary, M. Cunanan; treasurer, R. M. Shearer; supervisor, William P. Creager; tiscal, E. Macaplnlac. Pangasinan.-Llngayen, capital. Governor, Macarlo Favila; secretary, Benito Sison; treasurer, Thomas H. Hardeman; supervisor, Charles F. Vance; fiscal, R. Eaplrltu. Paragt1a.-Cuyo, capital. Governor, Lieut. E. Y. Miller; secretarytreasurer, 1-Iall H. Ewlni;. Rizal (I,uzon).-Paslg, capital. Governor, Arturo Dancel; secretary, Jose Tupas; treasurer, Wm. N. Bish; supervlaor, Telfair Hodgson; flacal, DartolomeRevllla. Romblon.-Romblon, capital. Governor, Francisco Sanz; secretary, Cornelio Madrigal; supervlsor-tre&aurer, Julius S. Rela. Samar.-Catbalogan, capital. Governor, Segundo Singson; aecrP.tary, Eduardo Felto; treasurer and acting supervisor, Arthur G. Whittler; fiscal, Domingo Franco y Mosquera. Sorsogon ( Luzon).-Sor5ogon, capital. Governor, Bernardino Monreal; 11ecretary, M. V. de! Rosario; treasurer, R. J. Fanning; aupervlsor, Harry L. Stevens; fiscal, P. Ballen. Siirigao.-Surlgao, capital. Governor, Jugo Salazar; secretary, Ra· fncl Eliot: supervlsor-trf'asurcr, George A. Benedict; f111cal, F. Soriano. Tarlac.-Tarlac, capital. Governor, Alfonso Ramos; secretary, M. Barrera; treasurer, W. E. Jones; supervisor, Sam C. Pblpp11; fiscal, M. Ilagan. Tayaba8.-Lucena, cspltal. Governor, Ricardo Paras; secretary, Ger· vac\o Unson; treasurer, William O. Thornton; supervisor, Henry C. Humphrey; fl.seal, Soflo Alandy. Zambales.-lba, capital. Governor, Potenclano Lesaca; secretary, Gabriel Alba; supervisor-treasurer, Arthur S. Emery; fiscal. Juan Me.nday. ®J~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., FEBHUARY 24, 1904. No. 8 PUBJ,IC J,Aws. [No. 1040.] AN ACT 1\IAKING APPROPIUATIO~S POR SUXDRY EXPENSES OF THE JXSULAH. GOVEHNMEXT FOR THE FISCAL YEAR ENDING JUNE THIRTIETII, NINETEEN HUNDRED :\ND }'OUR, A!{D OTHER DESIGNATED PERIODS. By authority of tlie United Stall's, be il cnoclcfl by tlic Philip11inc Commission, that: SECTIOX I. 'l'hc fo11owing sums, or so much tlwr('of us may be respectively necessary, are hereby approprinh-cl, out of any funds in the Insular Trensury not otherwise appropl"iated, in pint <'Olllpcnsation for the senil'c of the Insular Go\·crnmcnt for the fiscal yca1· ending June thirtieth, nineteen hundrNl ;rnd four, unl<'ss otherwise s~ted: PHILIPPl:SE COlllllS~IO:S. For salaries of the Presid<'nt and 5(!\"en Commission<'rS, at fh·e thousand dollars per annum each, forty thousand peso,;. EXECUTin:. 1"01· salaries as follows: Ch·il Governor, at fift<'l'll thousand dollars per annum; Sccretuy of the Intel"ior, ut ten thousand fi'"c hundred dollars per annum; Secretary of Commerce and Police, at ten thousand five hundred dollars per annum; Secretary of Finance and Justice. at ten thousand fi\•e hundred dollar;i per annum; Secrctuy of Public Instruction, at ten thoui;ancl fh·e hundred dollars per annum; fifty·scven thousand pesos. EXECl'TIVt: BUREAU. Salaries and v:a11es, Ea:ecutive B1'reau, nineteen h1rndred aJUt four: ExecutiYc Sct·rctary, at sel"<'n thousand five hundr<'d dollus per annum; Assistant Executive Secr<'tnry, at foul" thousnnd tlollars per annum; chi<'f clerk, at two thousand scn•n hundred and fifty dollars per annum; Recorder of the Commisi.ion, nt two thousand fi,·e hundred dollars per annum; law clerk, at two thowmnd two hundred and fifty dollars per annum. Translating division: Chief o! dh·ision, class four; one clei-k, l'lass five; one clerk, class six; one clerk, class seven; three clerks, class eight; one clerk, class nine; t.wo clerks, Class A; one clerk, Class F; one messenger, at one hundred and eighty dollars per annum. Legislative division: Chief of division, class five, who shall act as recorder of the Commission in the absence or incapacity of the latter; two clerks, class six; two clerks, class seven; three cll'rks, <·lass eight; three clerks, class nine; one clerk, Cla"s A; one mcssl'nger, at one hundred and eighty dollars per annum; one messcng<>r, at one hundred and twenty dollars per annum. Adminisbation and finance division: Chi<'f of division, cluss four; one clerk, class fil'e; three clerks, c-hii:1!'! six; three clcrk11. class sc\o·en; five clerks, clas:5 eight; five , .. ,, clerks, class nine; one clerk, Class A; one clerk, Class B; one clerk, Class C; one clerk, Class D; one clerk, Class E; one clerk, Class F; one clerk, Glass G; one clerk, Class H; one clerk, Class J; four <'mployc<'s, at two hundred and foriy dollars per annum <'ll<'h; ten mcss<'ngcrs, at one hundred and <'ighty dollars per annum <>acl1; two mcsseng<>rs, at on<' humlrctl and twenty dollal"S p1•r annum each. Records division: Chief of dh·ision, class four; one 1·lcrk, class five; one clerk, d11ss six; fi\"C clerks, class SC\"en; fi\"C clerks, class eight; six <"l<>rkr;, class nine; one <>lerk, cluss ten; one clerk, Class A; one <·i<'rk, Chlss B; one clerk, ('lass C; one clerk, Class D; one clerk Class E; on cl<'rk, Class F; one clerk, Clas;i G; one clerk, Class H; one clerk, Class I; four employees. at two hundred and forty dollltrR p<'r annum each; four messengers, at one hundred and eighty dollnrs per annum each; one messenger, at one hundred and iwcnty dollars per annum; one messenger, at sixty dollars per annum. Docnm<'nt division: Chief of division, class five; one clerk, class nine; one clerk, Class I<'; one cmploye<', at two hundred and forty dollars per 11111mm; two employees, nt one hundred and eighty dollars per umnun ea<>h; one messenger, at one hundred and twenty dollars per annum. Division of accounbi: Disbursing officer, at two thousand five hundred dollars per anmnn; one clerk, class eight; one employee, at three hundred dollars per annum. Custodian force: One janitor, Clnss A; one 1vatehman, Class B; ten laborers, nt one hundred and fifty dollars per annum each; four laborers, at one hundred and twenty dollars per annum each. Private secretaries to the Civil Governor and members of the Philippine Commission: Prh-nte secretary to the Cil'il Governor, at two thousand five hundred dollars per annum; four prh·ate s<'crctarics, at two thoui-mnd four hundred dollars per annum <'nch, one being from Oetoh<'r first, nineteen hundred and three; thr<>e private secretaries, at one thousand four hundred dollars per annum each, two being from November first, nineteen hundred and three. Per <limns of five dollars for the United States Army officer detailed us aid-de-camp to the Civil GO\·ernor. For compensation for ten1porary sel'\"iccs of <'Xpert translators, when requil'ed, not to exceed one thousand pesos. Total for salaries and wages, one hundred and thirty-eight thousand four hundred pesos. Trtrnsporfatim1, Bxceutfre Bureau, 1~i11etee1i lmndred and four: For the actual and necessary trn'"<'ling expenses of officers and employees on official business; transportation of supplies; and for r<'ntal of vehicles in :Manila, 011 official business when such transportation can not be furnished by the Insular Purchasing Agent; six hundr<'d pesos. 137 138 OFFICIAL GAZETTE Contingent e;rp1mses, Jlalaca1ian Palncc, nineteen kundrcd and four: For contingent ~xpcnscs of l\Inlncai'ian Palace, including lighting of park, purchase and repair of furniture, improvement of, buildings and grounds, and other incidental expenses; one thou· sand pesos. Contingent expenses, Execiitivc Bureau, nineteen hundred and four: For contingent expenses, including n fund not exceeding six thousand pesos to be expended in the discretion of the Ci\'il Governor; electric lighting and supplies for Ayuntumiento Building; purchase of office furniture and supplies, including repairs; advertising, cablegrams, and other incidental expenses; sixty thousand pesos. In all, for the Executive Dureau, two hundred thousand pesos. PllILIPPINE CIVIL SERVICE BO.\.RD. Salaries and wages, Philippine Civil Service Board, nineteen hundred and four: Three members, at three thousand five hun· dred dollars per annum each; one examiner, class three; one examiner, class five; two exitrniners, class six; three examiners, class seven; six examiners, clnss eight; six clerks, class nine; two clerks, class ten; one clerk, Class A; one clerk, Class B; one clerk, Class C; one clerk, Class D; one clerk, Class E; one clerk, Clnss F; one clerk, Class G; one clerk, Class H; one employee, Class I; one employee, Class J; one messenger, at one hundred and eighty dollars per annum; extra allowance for disbursing officer, at two hundred dollars per annum; extra allowance for chief examiner, at five hundred dollars per annum; thirty-four thousand pesos. Contingent e;penscs, Philippine Civil Service Board, 1u'.nctcen hmtdred and four: For contingent expenses, ineluding the purchase and icpair of furniture, the purchase of office supplies and books, advertising, and other incidental expensr:-;, six hundred pe>sos. In all, for the Philippine Civil Serdce Board, thirty-four thousand six hundred pesos. BUREAU OF TllE l:i'SULAR l'URCllASlNG AGENT. Salaries and wages, Bureau of the Insular P1trc1tasing Agent, nineteen hundred and four: Insular Purchasing Agent, at four thousand fh-e hundred dollars per annum; Local Purchasing Agent, at three thousand five hundred dollars per annum; Assist· ant Insular Purchasing Agent, at three thousand dollars per annum; one chief clerk, class five; one disbursing officrr and cashier, class four; one clerk, elass fivr; one buyer, clilSS fin; one buyer, class six; two clerks, class six; five clerks, class seven; one superintendent of trnnsportation, elass scvC'n; nine clerks, class eight; one superintendent of lumber yard, class eight, at one ·thousand five hundred dollars per annum; twelve clerks, elass nine; one superintendent of coal yard, elass nine; one superintf'nd<'nt of hardware department, elass nine; one superintendent of transportation, class nine, for three months only; one eonal foreman, class nine; six mechanics, at one thousand nncl eighty dollars per annum each; one painter, at one thousand and eighty dollars per annum; one saddler, at one thousand and eighty dollars per annum; one elerk, elass ten, at one thousand and fifty dollars pN annum; four clerks, class ten; ten clerks, Class A; se,·en truck drivers, Class A; eight ambulance drivers, Class A, four for one month and ten days only; one chief watchman, Class A; four clerks, Class B; five clerks, Class C; ten watchmen, Class C; twenty-two teamsters, Class C; fourteen clerks, Class D; three clerks, C"'l.ass E; one saddler, for three months only, at four hundred and forty dollars per annum; one carpenter, for three months only, at four hundred and forty dollars per nnnum; fifteen me chanics, at two hundred and ninety-four dollars per annum each; two drivers, at two hundred and forty dollars per annum each; eight cocheros and stablemen, at one hundred and eighty dollars peT annum each; one hundred and sixty cocheros and laborers in transportation department, at one hundred and fifty dollars per annum each; three mechanics, at one hundred and eighty dollars per annum each; for hire of messengers, at not more than one hun· dred and eighty dollars per annum each, one thousand eight hundred pesos, or so much thereof as may be necessary; for hire of Iorcha crews, not to exceed three thousand four hundred pesos; for hire of not more than two assistant foremen, at seven pesos or less per diem each, assistant fo1·emen us may be necessary, at not to exceed Six pesos pc>r diem each, emergency clerks and laborers as may be nrcessary from time to time in the coal and lumber yards and for handling supplies, not to exceed forty-eight thousand pesos. Total salaries and wages, one hundred and se"enty-six thousand pesos. Contingent expenses, B1trcau of the Insular Purchasing Agent, nineteen hundred fmd four: For contingent expenses, including the purchase of office furniture and supplies; cablegrams, telegrams, and postage; rents and rc>pairs; forage for animals; purchase of animals, harness, and ve>hicll's; veterinary attendance and supplirs; repairs to transportation; purchase of corral supplies and shop tools, littl'rs, and metal coffins; advertising, and other incidental expenses; one hundred and twenty thousand pesos. In all, for the Bureau of the Insular Purchasing Agent, two hundred and ninety-six thousand pesos. DEPARTMENT OF THE INTERIOR. Salaries and tmgcs, Board of Health for the Philippine Islands, nineteen lwndred a'/ld (0111": Chief Health Inspector, at three thousand five hundn·d dollars per nnnum; Sanitary Engineer for the Philippine Islands, at three thousand five hundred dollars per nnnum; one physician in charge of San Lazaro Hospitals, at three thousand five hundred dollars per annum; secretary, at two thousand fi\·e hundred dollars per annum; four medical inspectors, at two thousand five hundred dollars per annum each; one clerk, <'lass fi,·e; seven medical inspectors, class five; one clerk, class six; two VC'tcrinarians, elass six; one cashier, class seven; two clerks, class seven; fom clerks, class eight; six clerks, class nine; one interpreter and translator, elass nine; two chief sanitary, inspectors, class ten; five elerks, Class A; one employee, Class A; six clerks, Class D; one chaplain and superintendent, San Lazaro Leper Hospital, Cebu, at six hundred dollars per annum; two clerks, Class H; one C'mployce, Class J; one superintendent, Palestina Leper Hospital, at four hundred and fifty dollars per annum; one hundred inspectors and vaecinators, at not to exceed three hundred nnd sixty dollars per annum each; se\'en employees, at one hundred and eighty doilars per annum each; :five employees, at one hundred and fifty dollars per annum each; four employees, nt one hundred nnd twenty dollars per annum each; three employees, at ninety dollars per annum each; ten employees, at sixty dollars per annum each; for San Lazaro Hospitals, one superintendent, class nine; one dispensing clerk, class nine; one chief trained nurse, class nine; one physician, elass ten; one physician, Class A; one clerk, Class A; five nurses, Class A; one cook, Class A; four employees, Class J; one employee, at two hundred and eighty-eight dollars per annum; four employees, nt one hundred and eighty dollars per annum each; eight employees, at one hundred and fifty dollars per annum each, fourteen employees, at one hundred and twenty dollars per annum euch, twenty-two employees, at ninety dollars per annum each, three employees, at seYenty-two dollars per annum each, with quarters and subsistence under the provisions of Act Numbered One thousand and ten; and one engineer, at two hundred and eighty-eight dollars per annum; four employees, at two hundred and eighty-eight dollars per annum each, six employees, at one hundred and twenty dollars per annum each, without quarters and subsistence; per diems of eight dollars to the Army officer detailed as Commissioner of Public Health; per diems of fiye dollars to the Army officer detailed as assistant to the Commissioner of Public Health; extra allowance for disbursing clerk, at two hundred dollars per annum; president OFFICIAL GAZETTE 139 of the Loard of health of Antique, at one thousand two hundred dollars per unninn; president of the board of health of Mindoro, at one thousand two lnmdrcd dollars per annum; president of the board of health of Suriguo, at one thousand two hundred dollars per annum; compensation of Sl'Cretary-treasurers' and examiners' fees, us JH'O\·i<led by law, for the Boan.I. of .Medical Examiners, Board of Pharmaceutical ExaminC>rs, 1mcl Board of Dental Examiners, not to ex<·l·cd one thousand nill<' huntlrc1l pesos; for hire of tempornr;r cmcrgenC'y employrr,.;, not to exceed four thousand pesos; allow1rnct> of lW<'nty centaYOl'l 1wr diC'lll eaC'h to tweh·e leper polic>emen al San Lazaro Hospitals. For sanitation of the city of Mani!.1: One sanitary cnginccr, until :Man~h first, nineteen hundred und four, only, at threr thousand dollar;; prr annum; se\"rn medi<•al inspectors, class five; one clerk, cla!:is nine, until March first, nine· teen hundred and four, only; one chi<"f disinfector, l'luss nine; ten chief sanitary inspectors, clnss ten; three disinfcctor;;, Clnss A; three municipal phannacist!:i, Class A; nine municipal physicians, at seven hundred and fifty dollars 1wr annum cnch; two clerks, Class C; one clerk, Class D, nntil March fir,,t, ninctt>en hundred and four, only; one employee, Class D; three employees, Class H; forty-six sanitary inspectors, Clnss I. thirty-six of whom shall be to :February first, nineteen hundred and four, only; three clerks for municipal pharmacies, Class J; fifteen employees, Class J; fiftern \"acl'inators, Class J; nine disinfeclors, at one hundred and eighty dollars per annum each; ele\"en cmployet>s, at one hundred and twenty dollars per annum rach. Total for salarics and wngr,., one hundred and fifty thousand pesos. Support /Jf hospitals, planl.q, u11d statio11,q, Board. of Health for the l'l!ilippinc lslumfa, ni11ctcc11 humlrcd a11d four: For support amt maintenanC'c' of the women's department, Sun Laznro Hospital; lrpcr department, San Lazaro Hospital; bubonic plll,!!:llt', smallpox, and cholera dPpartments, San Lazaro Ho,;pituls; 111orgue and crematory; Hospicio de San Jose; Colegio de Snnta Isabel; San Lnzarn llospital at Cebu; Palestina Leper Hospital; repairs to buildings on La Lomboy estate and uqueduet for bringing wafrr to same, for hospital for insane, not to exceed tcn thousand pesos; for the free dispensing of medicines and medical supplit'!:i to imlig<.>nt nuti\"C's; and for \"eter· inary department; se\"ent:i·-<.>ight thousand pesos. Public 1wrl.:s, /Joard of //('a/th for the Philippine Islands, nineteen h11ndrcd (l)uj four: For filling in and grading ground around San Lazaro Hospital building.'>. not to exceed fixe thousand pcso!:i. Public Kor/ts, Board of Health {01· Ilic Philippine Islands: For reimhursrment of John ~L Hooks, William H. Gray, and estate of Louis J. Depuy for amounts rxpendrd by them for i;ubsistence while employed on the Island of Culion, between December Se\"enth, ninl·tecn hundred and two, and July thirty-first, nineteen hundred and three, six hundred prsos, or so much the>reof as may be necessarv. Supprcss~'o11 and cxlrrminalion of epidemic discuses a11d pests, Board of Jfrufth for lite Philippine lslrrnd.~, 11in('/ecn lorndred and fo11r: For tl1c suppression und e>xtermination of <'pidemic diseusrs and ))('Sts; r<.>ntals; equipmcmt and maintcnune>e of dispensnries. hospitals, plants, 1111<1 camps. and stations for epid<.>mic disenses, inc·l11ding medirinrs fo1 till' same: rx1wn.~1·;; of disposition ?f the clrad for ~unitary rea,.,on.;; snL»istrnC"e of emplo:i·res un<l mmatE>s of hospitals, plnnb. and camp,; out;;id1• the city of ~fanila; snb,,~sterwr of employ1•1•;; scnt to prodm·1•s for temp~rar:i· duty; trn\·rlrnj! C'xp<.>nsrs of mw lmrnlrC't\ \'<IC"l'inaton; and insprl'tors of \"H(•(·ination, not to cXCC'l'(l tw<.>nty-fonr thousand peso->; rxpense,; inl'lllTerl in the> tlistl'ihntion of distillPd wafrr; pu1·chasr of <lisinfrrtnnts and clisinfr1·tinµ: apparntus, rat tmps und bail. reimlnu·s<.>mcnt for prop1·rty, (•\othing. and so forth. th•stroyl•<l t~ Jll'C'\'Cllt tl1C' spr<.>:111 of l'pid1•lJJil·>1 iu I he provint•Ps, l'Xprn~l'" incurred in 1•lraning- up infN·tC'd distrfrl,;; nH"dicinrs and nH"di<·al ,;nppJir,; for imlig<•nt natht>"; frl' and icc boxrs fo1· pn•st•n·ation und shipment of vaccine \"irus, not to exceed two thousand two hundrt>d pesos; purchase of flannel for free distribution to indigent natives in Manila to be used as covering for infants; forty· four thousand pesos: Provided, That no portion of this appro· priation shall be a\'aila!Jle for the payment of either permanent or temporary salaries or wages. 7'ranS'{)Ortation, Board of Health (01· tlte Phitippine Jslanuls, nineteen hundred and four: For the actual and necessnry traveling expenses of oflicers nod employees of the Board of Health, and the transpoJ'tation of freight; for rental of lnunches for inspection in the harbor and river at Manila, not to exceed one month, at four hundred and fifty dollars per month; for hire of vehicles in Manila on official business when such transportation can not be furnished by the Insular Purchasing Agent, not to exceed four thousand three hundred and twenty pesos; eight thousand pesos. Conli?igt"nt expenses, Hoard of Health for the PJ~ilippinc Islands, nineteen hundred an.d four: For contingent expenses, including purchase of office furnitw·c and supplies; repairs to furniture; rent of telephones; cablegrams, postage, and telegrams; medical and profo;sional books and periodicals; surgical appliances and imstrumcnts; incidentals for the Board of l\Iedical Examiners the lloard of Pharmaceutical Examiners, aml the Board of D;ntal Examiners; one watering cart and three handcarts for the Sa.n I~azaro Hospitalt;, not to exceed three hw1dred pesos; drafting instruments, tables, and supplies, five hundred and thirty pesos, or so much thereof as may be necessary; twelve thousand six hundred pesos. Salaries and u:agcs, installation of the iiail system in the city of Manila, Board of Health for the Philippine Islands, nineteen lmndrcd wnd foul': The unexpended balance of the funds appropriatcd under thiH head in Act Numbered Eight hundred and seven is herd.>y made available for the payment of one mate, Class A, from December eighth to thirty-first, inclusive, nineteen hundred and th1·ce, with subsistence at one peso per diem; one night superintendent, Class A, from December eighth to thirty-first, inclusive, nin<·teen hundred and three; one first assistant engineer, Class A, one patron, Class F, two firemen, at one hundred and eighty dollars per annum each, one coal passer, at one hundred and fifty dollnrs per annwn, two quutermasters, at one hundred and fifty dollars per annwu each, and two sailors, at one hundred and twenty dollars per annum each, with subsistence at thirty centavos per diem each, from December eighth to thirty-first, in· elusive, nineteen hundred and three. In all, for the Board of Health for the Philippine Islands, two hundred and ninety-eight thousand two hundred pesos. The pail system, heretofore operated by the Insular Government under the pl'ovisions of Acts Numbered Three hundred and thirty, :Four hundred and thirty, and Four hundred and thirty· seven, as follows: "The difference between the amount expended for the installation of the pail system in the city of Manila and the amount collected therefor from property owners and deposited in the 1n,,uJar Treasury, shall be reimbursed to the Insular Gov· ernment by the city of Manila, and when such reimbursement is fully made all property, such as launches, barges, trucks, cou1modes, and so forth, purchased in carrying out the pro\"isions of the appropriation, shall re\"ert to and become the property of the city of Manila," is hereby tl'ansferred to the city of Manila as of January first, nineteen hundred and four, full payment therefor to be made by the city of Manila, as contempluted by said Acts, upon statement of the account by the Insular Auditor. The unt'xpended balnnC'es of appropriations heretofore made for the support of th<.> pnil s:i·stem are hereb~ .. trnnsferred to the city of :Munilu for C'Xpenditure for said pail system us originnlly contem· plutcd. and the unpnid obligation,; on nccount of said pail system shall be a propE>r clrnrge against the city of )fonifo. Ql"ARA!"TIXt: liER\'ICt:. Salaries and- 1rc1gcs, Q1wranlillc Service, 11i11cleen hundred and fo11r: Two offi<•us, at thou;;and two hundrrd dollars per an140 OFFICIAL GAZETTE num each; one otllcer, at two thousand dollar:; per annum; six: officers, at one thousand six hundred dollars per.annwu each; two officers, at one thousand six hundred dollars per annum each, for ouc month; one officer, at seven hundred dollars per annum; one engineer, class nine; .two clerks, class ten, at one thousand and twenty dollars per annum each; one clerk nnd disinfcctor, Class A; one chief disinfector, Class A; one watchman, Class A; two disinfcctors, Class D; two engineers, Class I<'; one assistant engineer, Class }? ; one \"accinutor and disinfcctor, Class F; two disinfector.s, Class H; one cook, Cluss H; two clerks and dis· infectors, Class l; two clerks 11nd disinfectors, Class J; one mechanic, Class J; two disinfectors' as,;istants, Class J; one mes.senger, at one hundred and eighty dollars per annum; fifteen attendants, ut one hundred nnd eighty dollars per annum each; se,·en employees, at one hundred nnd twenty dollars per annum each; launch crew.s, including one patrnn, at five hundred and forty dollars per annum; two patrons, at four hunched and twenty dollars per annum each; one engineer, at fh'e hundred and forty dollars per annum; two engineers, at four hund1·ed and twenty dollars per annum each; one assistant engineer, at three hundretl and ninety dollars per annum; one quartermaster at two hundred and se,·enty dollars per annum; two quartermasters, at one hundred and fifty dollars per nnnnm each; two firemen, at two hundred and se\·enty dollars per annum each; four firemen, at one hundred and fifty dollars per annum each; four sailors, at one hundred and eighty tlollnrs per imnnm each; six sailors, at one hundred and twenty dollari; per annum each; and emergency attendants, tlisinfectors' assistants, and laborers assisting regular force in dbinfecting and handling supplies or necessitated by the presence of cjuarnntinc diseases, not to t>xcced an aggregate of one thousand two hundred pesos; thirty-five thousand pesos. Uommuta.tion of quarters, Quarantine Service, nineteen hundred and fou1·: For one officer, at two hundred pesos per month; for one officer, at one hundred and seYenty pesos per month; for five officers, at one hundred and sixty pesos per month each; for two oflicers, at one hundred and sixty pesos per month each, for one month only; and for one officer, at one hundred pesos per month; five thousand seven hundred nnd fifty pesos. Transportation, Quarantine Service, nineteen hundred and four: .For transportation of supplies; for il1e maintenance and operation of launches and barges, including repairs and the purchase of coal, oil, tools, and supplies for same; forage; tnffcling expenses of officers and employees on official lrnsiness; and hire of vehicles in J\Ianila on official business when such trnnsportation can not be furnished by the Insular Purchasing Agent, not to exceed six hundred pesos; ten thousand pesos. Support of Marivcles Quarantine ~talion, Quarantine Service, nineteen hundred and four: For the support of J\Iarh·cles Quarnntine Station, including the purchase of disinfecting apparatus, disinfectants, equipment, fuel, furniture, oils, supplies, and tools; purchase of three ranges for steerage barracks; and repairs to buildings and wharves; fifteen thousand pesos. Conting('nt expenses, Quarantine Sen:ice, nineteen hundred and four: For contingent cxpense~, including rent of buildings and offices at :\fanila, Iloilo, and Cebu; purchase of oJlict> furniture and supplies; apparntus; medical instrum<>nts; medical books and publications, not to exceed one hundred pt>sos; repairs to l"quipment and furniture; ad\'ertising, cablegrams, ice, postage, and other incidental expenses; two thousand pesos. In all, for the Quarantine 8cniee, sixty-seven thousand seven hundred und fifty pesos. FORESTRY BUREAU. Salaries and wage.~, Fore.~try Bureau, nineteen hundred and four; Assistant Chief of llurcau, at three thousand dollars per annum; six forl'sters, at two thousand four lnmdrt"d dollars per nnnum each; one ei\'il <'ngincl'r, from August b\'('flt.r·fourth, ninet<>cn hundred aud three, at two thousand four hnrnln•d dollars per annum; one inspector, class five, from March first, nineteen hundred and four; two clerks, class six; five inspectors, class six, one being until :;\larch first, nineteen hundred and four only; one clerk, class seven; one engineer assistant, class eight; five employees, class eight; three assistant inspectors, class eight; six clerks, class nine; four assistant inspectors, class nine; one skilled workman, class nine; six assistant inspectors, Class A; one skilled workman, Class A, from November twenty-first, nineteen hundred and three; four clerks, Class A; four assistant inspectors, Class C; four clerks, Class D; thirteen rangers, Class D; eight skilled workmen, Class F; forty rangers, Class G; two draftsmen, Class 11; six skilled workmen, Class H; seventy-five rangers, Class I; six clerks, Class I; thirteen skilled workmen, Class J; six laborers, at one hundred and fifty dollars per annum each; three messengers, at one hundred and fifty dollars per annum each; wages of launch crew, including one master, at one thousand and eighty dollars per annum, and. one chief engineer, Class F, with commutation of rations at fifty cents each per diem; one assistant engineer, Class H, one cook, at one hundred and eighty dollars per annum, two quartermasters, at one hundred and fifty dollars per annum each, three firemen, at one hundred and thirty·two dollars per annum cacl1, and four sailors, at one hundred and twenty dollars per annum eneh, with commutation of rations at fifteen cents per diem for each petty officer and member of the crew; per diems of fi\·c dollars to the Army officer detailed as Chief of the Bureau; <>xtrn allowance for disbursing clerk, at two hundred dollars per annum; and hire of laborers for field parties, not to exceed six thousand pesos; one hundred and ten thousand pesos. 1'ransportatiqn, H1ffeau of Forestry, nineteen hundred and four: For the actual and ncccssary traveling expenses of officers and employees; per diems of one dollar for employees above the grade of ClMs D in lieu of traveling expenses, except cost of transportation, when absent from their stations on official business, cost of transportation herein provided being construed to include subsistence when traveling on steamships; per diems of twenty-five cents for employees stationed in the provinces in lieu of cost of forage for horses to be furnished by them and used as means of transportation in and about the territory covered by them; transportation of frt!ight; hire of vehicles in Manila on official business when such transportation enn not be furnished by the Insular Purchasing Agent; rrpair and maintenance of launch; ten thousand six hundred pesos. Contingent expenses, Forestry Bureau, nineteen hundred and four: For contingent expenses, including rent of offices, laboratory, grounds, and telephones; purchase of books and periodicals, not exceeding one hundred pesos; purchase of plants, seeds, wood samples, and materials, and other incidental expens<'s; eighteen thousand pesos. In all, for the Forestry Bureau, one hundred and thirty-eigh~ thousand six hundred pesos. M.ININO BUREAU. Salaries and wages, Mining Bureau, nineteen hundred and four: Chief of Bureau, at three thousand dollars per annum; two geologists, class (our; one field assistant, class six; one field assistant, c]a.<;s nine; one chief clerk, class eight; one clerk, Class C; one drnft.sman, Class D; one draftsman, Class F; hire of porters, laborers, and so forth, not to exceed two hundred and ten pesos; hire of temporary employees for field work, under the provisions of section two of Act Numbered Nine hundred and sixteen, not to exceed one thousand one hundred and twenty pesos; ten thousand eight hundred pesos. Tra.nsportatioii, Mining Bureau, nineteen hundred and four: For the actual and necessary traYeling expenses of ofiieers and (•mployecs; per diems of one dollar for employees above the grade of Class D, and of fifty cents for employl"es of the grade of Class D or lower, in lieu of truvcling expenses, except cost of transportation when absent from Manila on official business, thr cost of OFFICIAL GAZETTE 141 transportation herein provided being construed to include subsistence when traveling on steamships; trnnsportation of supplies; hire of vehicles in Manila on oflicinl businrss when such transportation c.an not be furnished by lnsuh1r l'urchnsing Agent, not to exceed two hundred pesos; one thommnd eight hundred pesos. Contingent expenses, Mining Bureau, 1ii1wtec11 lwndrcd and four: For contingent expenses, including ptuchnsc of office furniture and supplies; technical books and journals, not to exceed four hundred and seYenty pesos; tent,;, mess kit, too\,,, and so forth, not to exc~d one lmndred and thirty pesos; 11d\'crtising, ic<', water, and other incidental exprns<>s; one thowmnd tlm:·e hundred nnd fifty pesos. In all, for the :Mining Burl'au, thirtN•n thou;;and nin<' hundred and fifty pesos. l'IIJLIPPINE WEATHER UCUEAU. Salaries and wages, Philippine lrcatlwr U11rcr111, J1inctcen h1mdred and four: Director, at two thousand five hundred dollnrs pl'r annum; three assistant directors, at one thousand eight hundred dollars per annum each; seCl'l'tary and librarian, at one thousand four hundred dollars pe-r annum; three observers, at nine hundred dollars pcl' annum each; three ealeulators, nt seven hundl'C'd and twenty dollars per annum each; two assistant obsernrs, at !>ix hundred dollars per annum each; one assistant libmrinn, nt six hundred dollars per annum; two assistant ca.Jculators, at three hundred dollars per annum each; one dmftsman, Class C; one draftsman, Class D; one mechanic, Class C; one mechanic, Cla'ss D; one mechanic, Class G; one mechanic, Class I; two janitors, at one hundred and fifty dollars per annum each; two messengers, at one hundred and fifty dollars per annum each; seven chil'f observers, at six hundrl'd dollars per annum ench; sevl'n assisbmt observers, at one hundred dollars per annum each; cleYen obsen·ers, at three hundred dollars per annum each; twenty-six observ· ers, at one hundl'ed and eighty dollars per annum each; ten obsen'ers for rain stat.ions, at ninety dollars per annum each; one observer-telegrapher, at nine hundred dollars per annum; extni allowance for disbursing clerk, at two hundred dollars per annum; thirty.five thousand four hundred pesos. Transportation, Philippine l1'cathcr Bureau, nineteen hundred and four: For the actual and necessary trawling expenses of officers and employees and the transportation of suppli('s, two hundred und fifty pesos. Ccintinycnt cxpcn .. ~es, Philippi11c Wcnlher Jlurea11, nineteen hundred and four: For contingent expenses, including rent, adnrtising, postage stamps and box rent, electric light and telephone, stationery, supplies, ice, office furniture, the purchase of and installation of instruments in branch stations, und other incidental expenses; fj\·e thousand two hundred pesos. In all, for the Philippine Weather Bureau, forty thousand eight hundred and fifty pesos. BUUEAU OF Pl'.BLJC LANDS. Salaries and uayes, Bm·emt of Public Lands, nineteen hundred and four: Chief of Bureau, at three thousand two hundred dollars pel' annum; one clerk, dass four; one draftsman, class six; one clerk, class six; iwo clerks, class seven; one draftsman, class eight; three clerks, class eight; three ch•rks, class ninr; one clcl'k, class ten; one surveyor, Class C; one draftsman, Class G; two draftsmen, Class JI; four clerks, Class H; one messenger, at one hundred and twenty dolhns pP.1' annum; for hire of labor, not to exceed six hundred pesos; twenty thousand eight hundred pesos. Tra1111portatio11, R11reau of P11blic f,amfa, nineteen hundred and four: For the actual and neeessnry traYeliug 1•xpenses of officers and employees, and for the hire of transportation for employees engaged in work upon the San Lnzaro estate. not to C'Xel'ed four pesos and fifty ccnla\·os Jll'I' day, wh<'U sueh transportation can not be furnished by the Tnsular Purdrn~ing Ag1·11t; six hundred pesos. Contin!Jcnt cxpen .. ~c.~, Bureau of 1'11/Jlic /,ullfls, 11i11clrcn hundred and four: l~or contingent expenses, including the purchase of ofllce furniture and supplies; purchase of books, not to exceed two hundred pesos; surveyors' supplies; advertising, and other inci· dental expenses; one thousand six hundred pesos. In all, for the Bureau of Public Lands, twenty-three thousand pesos. Salaries and wages, Bureau of Agricultui·e, nineteen hundred and four: Chief of Bureau, at four thousand dollars per annum; Assistant Chief of Bureau, at three thousand dollars per annum; one director of animal industry, class three; one fiber expert, class five; one horticulturist, class five; one superintendent of Govern· nlcnt farms, class six; one soil physicist, class six, from September eleventh, nineteen hundred and three; one expert in tropical agriculture, class eight; one expert in plant culture and breeding, class nine; one superintendent of cxpel'imental station, Manila, class nine, until April first, nineteen hundred and four, only; one expert in farm machinery and management, class ten; one clerk, class five; one clerk, class seven; three clerks, class eight; two clerks, class nine; one gardener, Class A; one overseer, Class A; two clerks, Class C; two teamsters, Class C; two horticultm·al apprenticC's, at one hundred and eighty dollars per annum each; two employees, at one hundred and eighty dollars per annum each; one manager of stock farm, class five; one foreman at San Ramon farm, Class A; one teamster at stock farm, Class C; one fo1·eman at cxpel'imcntal station, Manila, Class F; one fol'cman, Batangas, Class D; extra allowance for disbursing clerk, at two hund1·ed dollars per annum; for hire of laborers required in Manila, Singa· Ion, Baguio, Batangas, and San Ramon, not to exceed thirteen thousand pesos; forty·six thousand pesos. The employment of four skilled laborers, at four dollars per duy, at the Government rice farm, for a period of two months, previously authorized by the Secretary of the Interior, is hereby approved and made a proper charge against the appropriation in section four of Act Numbered Six hundred and thirty-four. Trunsportation, Bureau of Agriculture, nineteen hundred and four: For per diems of two dollars and fifty cents for officers and employees on official trav~l under the same provisions as applied to the traveling examiners of the Auditol''s and Treasurer's offices by Act Numbered Three hundred and fifty·cight, and the transpor· tation of supplies, three thousand pesos. Contingent cxpen8e8, Bureau of Agriculfurc, nineteen hundred and fou1·: For contingent expenses, including the collection and purchase of bulbs, plants, roots, seeds, shrubs, trees, and vines for experiment, cultivation, and distribution; for pmchase of and sub· script.ion to scientific and technical books, magazines, periodicals, and publications, not to exceed three hundred pesos; purchase of office furniture and supplies; rent of post-office box and telephone; purchase of carts, forage, forges, harness, tools, wagons, and so forth, repairs, shoeing of animals, veterinary attendance and supplies, not to exceed twelve thousand pesos; purchase of building materials· and carpenter tools, not e."i:cecding five hundred pesos; advertising, electric lighting, rl'nts, and other incidental expenses; eighteen thousand pesos. In all, for the Bureau of Agriculture, sixty-seven thousand pesos. TIIE ETllXOI.OGICAL SURVEY FOR THE l'llILIPPINE ISLANDS. Salaries a11d wages, the Etlmological Survey for the Philippine Islands, nineteen hundl"cd and fotl.r: Chief of Survey, at three thonsuml fi\·e hundred dollars per annum; assistant chief of sur· Hy, at two thousand four hundred <lolla1·s per annum; one clerk, class seYcn; one collect-Or of natural-history specimens, class eight; one clerk, clnss eight; one clerk, class nine; one assistant colle('tor of nnturnl-history specimens, Class D; one clerk, Class E; one c-h•rk, Class I; one assistant collector of natural·history specinlt'ns, Class J; one- nwsliengcr, at one hundred and eighty dollars pl'r annum; one janitor. at ninety dollars per annum; t>ight thousand pesos. 142 OFFICIAL GAZETTE 1'ransportation, the b'thnological Survey for the Philippine Isla11ds, nineteen h1mdred and four: ]~or the actual and necessary tra\'cling and field expenses of offict>rs and ('mployecs ('ngaged in ('Ollel·ting dnta and materials; for trnnsportation of materials and supplies; hire of \'chi ell's in l\lnnila on oJiicial business when s1u·h transportation can not he furnished by the Insular Purdu1s· iug Agl'nt, not to l'xeced thr<'e hundred pesos; five hundred pesos. Co11/i11g("l!I cx1w11scs, tire L'lli11ological Surrey for tltc Philippine Jslrrnd.~, 11i11clccn lnmdrccl a.nd four: For contingent expenses, induding l11l' pur<'lrnst' of ofiicc supplic,; and 1wrio<li<'als; purchase of musN\111 specinwns, not to l'Xct•cd two hundrl'd prsos; advertising, n•nt, and other incidrnial expPnses; two thousand pe,:;os. In all. for the Ethnologieal Hm·yry for the Philippine Island:-1, ten thousand fi\'e hundl'ed pesos. UI;J!.EAU OF GO\'EK:-.lU:NT LAllORATORlES, Salul'ics amt it·agcs, Bureau of Government J,eboi·atorks, nineteen h1111dred and (011r: Superintemlrnt of Go\'ernment Laboratories, at six thousand dollars per annum; Director of the Biologiml Laborntory, ut thl'ee thousand Jhe hundred dollars per annum; Director of the Serum Laboratory. al two thousand fh·e hundred dollars per annum; one employ('(", dass two; two employees, class three; two employees, class four; three employees, ela;;s fi\'e; four employees, class six; fiye employees, class se\'Cm; two employees, class eight, at one thousand the hundred ·dollars per annum each; nine emplorel's, class eight; right employees, class nine; four emplo;p•es, Class A; one emplo~·cc, Class D; three employee;;, at four hundred and fifty dollars per annum CUl'h; three employee;;, Class I; four employees, Class J; one employee, at two hundred and sixteen .dollars per annum; one employee, at one hundred and eighty dollars per annum; six employees, at one hundred and fifty dollars per annum each; se\'l'n cmployl'es, at one hundred and twenty dollar:> per annum each; twenty-five laborers, at one hundred and lifty dollars per annum eaeh; two emergeney inoculators, at not lo exceed fiye pesos per diem each; eighty thousand pe:oos. Contingent expenses, Bureau of Gover11mc11t Laboratol'ics, nine· teen hundred and four: For contingent expenses, including the purchase of apparatus, bottles, chemicals, hcrbal'ium cases, ollice and photographer's supplies, shelter tents and supplies for field partie:o; rent of Laboratory buildings, post-office box and Wlephones; purchase of animals for diagnostic, serum, and vaccine work, and forage for s1~ch animals; purchase of botanical and entomological specimens, not to excC'ed one luuuhcd pesos; ice, distilled water, cablegrams, lighting; !'<'pairs to apparatus; fuel for gas machines; furniture for new building; fmnitme, librnry supplies, and so forth; for new library; advertising and other incidental expenses; twenty-nine thousand pesos. In all, for the Bureau of Go,·ernment Laboratories, one hundred and nine thousand p<'sos. PlllLIPPIXE Cl\'11, JIOSPITAL. Salaries and 1cayes, Philippine Civil Hospital, nfncteen hundred a-nd foul': Attending I>hysician and Surgeon, at three thousand fi\'e hundred dollars per annum; two hou;;e surgeons, at one thousand two hundred dollars Jll'r annum each, one supel'intendent, class eight, one dispensing clerk, rlass nine, one chief nurse, at one thousand and twenty dollars per annum, one clerk, class ten, one c\Prk, Class A, one matron. Class A, one dietist, Class ll, one nurse, Class B, thirtl'en nurses, Class C, two ward attendants, Class C, from XO\'C'mb1•r first. nineteen hundred and three, one derk, Class D, ten wan! attendants, Class D, two ambulance dri\'l'rs, {']ass D, on<' employee, Class G, two <'mployees, Class I, two employc1's. at 0111• hundred and eighty dolhn;; per annum each, six employeC's. at onr hundred am! fifty-six dollars per annum each, six employees, at one hundred am! thirty-two dollars per annum each; six f'mploycl's, at one hundred and eight dollars per annum 1•ach, h•n employees, at eighty-four dollars pl'!' annum ead1, with subsistence and qu11rt('l's; extra nllowan<•e for disbursing derk, at two hundred dollars per annum; and for the employment of sub· stitutes in places of clerks and employees granted leaYes of absence, not to exceed one thousand five hundrrd pesos; thirtyright thousand pesos. Contingent expenses, Philippine Civil Ho.<1pital, i1illel1xn hundred and four: For contingent expenses, including the 1n~·<7hase of drugs and medicines; medical and :mrgical supplies and instrnments, nlld repairs to latter; rent of buildings; <'l<'cbic current; telephones; subsistence of patients and employees; purcha;w of fuel, forage, icr, induction coil, and accessories for X-ray appa· rntus, office and hospitul furniture nnd supplies; hire of vehicles in Manila on official business \\·hen such transportation can not be furnished by the Insular Purchasing Agent, not to exceed two hundred and fifty pesos; and other incidental expenses; sixtys('\'l'n thousand pesos. In all, for the Philippine Ci\'il Hospital, one hundrC'd and fi\•e. thousand pesos. Cl\'IL SANITARl(.;)I, nEN"GUET. Sala-des and wa.ge.<1, Civil Sanita-rium, Benguet, nineteen hun· dred and four: Attending Phrsician nnd Surgeon, at two thousand four hundrNI dollars pPr annum; one dispensing clerk, class nine; one nurse and housekeeper, Class A; one nurse, Class C; two employees, Class D, one bl.'ing for three months only; one employee, Class F; one employee, Class J; one employee, at one hundred and eighty dollars per annum; three employees, at ninetysix dollars per annum eul'h; two employees, at six:ty dollars per annum each; for hire of l'nH•rgency laborers, not to exceed four hundred pesos; six thousnnd pesos. Nalaries and wages, Civil ifa-nif(l-'/'ium, Benguet, nineteen lwmdl'ed an.cl three: The unexpend<'d balance of funds appropriaWd under this head is hereby made nntilnble for the payment of one t>lll· ployee, Class I, from No\·ember twenty-second, nineteen hundred nnd two. to and including December third, nineteen hundred and two. C011ti11gent expe11ses, l'i1;il Sa11ifari11m, Bcnguet, ·n.in~feen Jm11dred and four: For contingent expenses, including commissary and subsistence supplies; hospitnl, medical .and surgical supplies; forage; transportation of supplies; pm·<·hase of five milk cows, one bull and two carnbaos, two thousand pt'sos or so much thereof as may be neeessar:r; and otlwr incidental expenses; fourteen thousand pesos. In all, for the Civil Sanitarium. Benguet, twenty thousand pesos. DEPARTMENT OF CO)IMERCE AND POLICK Salaries and wages, Bureau of Posts, nineteen hundred and four; Director of Posts, at six thousand dollars per annum; Assistant Dil'cetor of Posts, nt three thousand two hundred and fifty dollars per annum; one ch•rk, class three; two clerks, class fi\·e; one post-office inspector, dass four; three post-office inspectors, class five; three post-office inspectors, class six; two clerks, class six; four clerks, class se\'en; three clerks, clnss eight; three clerks, class nine; one clerk, class t<'n; two clerks. Class D; one clerk, Class I; one clerk, Class J; three employees, nt one hundred and fifty dollars per annum each; extra allowance for disbursing clerk, at two hundred dollars per annum; thirt:''·eight thousand pesos. Traveling expenses, B11rea11 of Posts, nineteen. huncfred a.11d four: For allowance of two dollars and fifty cents per day in lieu of actual tl"aveling expen,;es to post-office inspectors while tnn·eling on official business, nnd fur the actual and ll<'C('s;;ary traveling expenses of other employees, four thou,;and pesos. Mail tra11sportation, /hircrrn of Posis, 1tinctecn hundred and fo11r: For inland mail trnnsportntion, sen. transportation of mails, transportation of mails through foreign eountries, and fol' salaries and wages of fifteen postnl clerks on mail trnins and mnil steamers, not exeeeding one thousand two hundred dollars per unnum e11C"h; thirty-one thousand four huudn·d pesos. OFFICIAL GAZETTE 143 Co11ti119cnt ca:pc11scs, Rureau of Posts, nineteen Mutdrcd and four: For contillJ?cnt expenses, including mail equipment, supplies, and other incidental expenses, twelve thousand pesos. Post·Office SerVice: Sa.farics and wages, Post-Offecc Service, nineteen hundred and four: One postmaster, at three thousand seven hundred dollars per annum; one assistant postmaster, class four; one postmaster, class fl.ye; one postmaster, class six; three postmasters, class seven; srvcn postmasters, class eight; eight postmasters, class nine ; seven postmasters, class ten; one superintendent of money-order division, class five; one superintendent of mailing division, class six; one superintendent of registry division, class six; one superintendent of free-delivery division, class six; four clerks, class seven; sixteen clerks, clnss eight; twelve clerks, class nine; fifteen clerks, class ten; ten clerks, Class A; one clerk, Class B; five clerks, Class C; three clerks, Class E; eighteen clerks, Class F; six clerks, Class H; four clerks, Class I; fifteen employees, at one hundred and fifty dollars per annum each; thirty clerks in offices outside of Manila, at two hundred and forty dollars or less per annum each, not to cxc~d an aggregate of four thousand pesos; compensation of postmasters appointed under the provisions of sections three and four of Act Numbered One hundred and eighty-one, not to exceed forty thousand pesos; and for the employment of substitutes in places of postmasters and employees granted leaves of absence, not to excred one thousand four hundred pesos; total, one hundred and thirty-nine thousand six hundred pesos. The Director of Posts is hereby authorized to appoint postmasters, as pl'ovided in sections three and four of Act Numbered One hundred and eighty-one, but at salaries not exceding nine hundred dollars per annum each, in lieu of the commission on the gross receipts of their respective offices as provided therein, whenever the necessities of the postal service demand such action. Continge1lt expenses, Post-Office Service, nineteen hundred and four: For contingent expenses, including ex1>enses of stamp agencies in l\Ianila, not to exceed two dollars per month each; rent and lighting of post-offices; mail messenger service, including purchase of two additional mail wagons and two horses; furniture, supplies, advertising, and other incidental cxpensrs; fifteen thousand p<'sos. In all, for the Bureau of Posts, two hundred and forty thousand pesos. SIGNAL SERVICE. Construction, maintenance, and operatio-n of telegraph, tele· phone, a11d cable lines, Signal Service, nineteen hundred and four: For sahlries and wages of three clerks, class six; two clerks, class eight; four clerks, class nine; one mechanic, class ten; three employees, Class H; two employees, Class I; twenty-six employ£'es, Class ,J; one hundred and ninety employees. Class K; and SUC'h temporary day laborers us may he necessary, not to exceed in all for salaries and wag<',;, thirty-six thousand pesos; for rent of buildings to be used as telegraph and telephone offices, and illuminating supplies for same, not to exceed two thousand pesos; total, thirty-eight thousand pesos. BUREAU OF Pllll.IPPl::>iES CONSTABULARY. Pay of Philippine8 Co118tabulary, nineteen hundred and four: For the difference between pay and allowances of brigadier-general and colonels, respectively, and that of their respective ranks in the United States Army, of the officers detailed as Chief and assistant chiefs of the Philippines Constabulary, pursuant to lhe provisions of the Act of the Congress of the United States entitled: "An Act to promote the efficiency of the Philippines Constabulary, to establish the rank and pay of its commanding officers, and for other purposes," apprO\·ed January thirtieth, nineteen hundred and three. Field officers: One colonel and assistant chief, at three thousand five hundred dollars per annum; two majors and assistant chiefs, at two thousand seven hundred and fift~· dollars per annum each; four majol's and senior inspectors, at two thousand dollars per annum each. Linc officers: Forty-seven captains and inspectors, not to exceed an aggregate of seventy-five thousand pesos; fifty-one first lieutenants and inspectors, not to exceed an aggregate of fifty-seven thousand pesos; seventy second lieutenants and inspectors, not to exceed an aggregate of sixty-eight thousand one hundred pesos; seventy-nine third lieutenants 1\nd inspectors, not to exceed an aggregate of sixtyseven thousand five hundred pesos; forty-five subinspectors, not to exceed an aggregate of twenty-one thousand six hundred pesos. Enlisted strength: Fifty sergeant-majors, quartermaster-sergeants, and first sergeants, not to exceed im average of thirty-seven pesos and cightysix centavos per month each; two hundred sergeants, not to exceed an average of twenty·ninr pesos and seven centavos per month each; four hundrrd and fifty-four corpornls, not to exceed an average of twenty pesos and thirty-three centavos per month each; one thousand five hundred and sixty-three first-class privates, not to ex('('ed an averngc of fifteen pesos per month each; four thousand six hundred and thirty sccond-elass privall•s, not to exceed an average of ten pesos and thirty centavos per month ('ach; being an en1isted strength not excerdinJ! seven thousand of all grndes, including lhose authorized for the medical division, at an aggregate of not to CXl"<'<'d fl.ye hundred thousand pesos. Office of the Chirf: One clerk, class <'ight; one mcsscngcr, Class K, at one hundred and fifty dollars p<'r annum. Adjutant's di,·ision: One captain nnd adjutant, at two thousand dollars per annum; one ch·rk, C"luss seven; two clerks, class eight; five clerks, class nine; two elerks, class ten; thr<'c clerks, Class A; two clerks, Glass C; tlnr<' clerks, Class 1''; one clerk, Class G; one clerk, Class I; one clerk, Class ,J; two clerks, Class K, at one hundred and eighty dollars per annum each; five messengers, at one hundred and fifty dollars per annum each. Information diYision: One captain and superintendent, at two thousand five hundred dollars per annum; one assiidant superintendent, at one thousand eight hundred dollars per annum; two clerks, class nine; one messenger, at one hundred and fifty dollars per annum; two detectives, at one thousand five hundred dollars per annum each; two detec· tives. at one thousand two hunched dollars per annum each; three detectiYes, at one thousand and <'ighty dollars per annum each; three cll'tecti,·es, at nine hundred and sixty dollars per annum t'ach; three dctccth'es, at eight hundred and forty dollars p<'r annum each; four detectives at sc\"en hundred and twenty dollars per annum each; five detectives, at five hundred and forty dollars per annum each; ffre detecti\"es, at three hundred and sixty dollars per annum each; and for hire of detectives in addition to the above, as required from time to time, at varying rates of pay, not to exceed an aggregate of six thousand pesos. Office of the chirf supply officer: One captain and assistant chief supply officer, at two thousand dollars per annum; one clerk, class seven; one clerk, class nine; two d<'rks, Class G; one clerk, Class J; four captains and examiners, at an agg-r{'gate of not to exceed thn•t> thousand dollars; and for pN dieths of one dollar and fifty cents for four examiners under the same pro,·isions as those allowed to traveling examiners of the Insular Treasurer and Insular Auditor, pursuant to section one of Act Numbered Three l11111dr<'d nnd fifty-eight. Paymaster's division: One captain and paymaster, at two thousand two hundred dollars per annum; one clerk. class eight; one clerk, class nine; one mei:1senger, at one hundred and fifty dollars per annum. 144 OFFICIAL G.AZETTE Commissary division: One captain and commissary, at two thousand dollars per annum; one clerk, class eight; one clerk, class nine; thl'ce clerks, Class A; two clerks, Class C; one clerk, Class F; and one clerk, Class J. QuartC'rmaster division: One captain and qmlrtcrmaster, at one thousand six hundred dollarti per annum; one clerk, class eight; one clerk, class ten; one clerk, Class A; one clerk, Class H; two blacksmiths and wheelwrights, at nine hundred dollars per annum each; one wagonmastl'r, at eight hundred dollars per annum; three teamsters, at sev('n hundred and twl'nty dollars per annum each; two laborers' oYerseers, at three hundred and sixty dollars per annum each; and three teamsters, at one hundred and eighty dollars per annum <'aCh. Ordnance division: One captain and ordnance officer, at one thousand four hundred dollars per annum; one clerk, Cluss A; one clerk, Clnss H; one armorer and gunsmith, at one thousand dollars per annum; two mechanics, at two hundred und ten dollars per annum each; and !he saddlers, at two hundred and ten dollars per annum each. Medical division: One captain and superintendent, at two thousand dollars per annum; thr<'e captains and surgeons, at one thousand eight hun· dred dollars per annum cnch; one clerk, Class A; ten medical inspectors with the rank of lieutenant, not to exceed an aggregate of ten thousand four hundred pesos; five sergeants, at thirty-three pesos per month each; six corporals, at twenty-eight pesos per month each; ninety-two first-class privates, at eighteen pesos per month each. Teiegl-aph division: One superintendent, at two thousand five hundred dollars per annum, from November seventh, nineteen hundred and three: P1·ovided, That the provisions of Act Numbered Six hundred and forty-three shall not apply to this position. Two first-class inspectors, at one thousand six hundred dollars per annum each; two first-class inspectors. at one thousand four hundred dollars per annum each; two first-class inspeC'tors, at one thousand two hundred dollars per annum each; three second-class inspectors, at one thousand one hundred dollars per annum each; three second-class inspectors, at one thousand and fifty dollars per annum each; five third-class inspectors, at one thousand dollars per annum each; three third-class inspectors, at nine hundred and fifty dollus per annum each; and ten fourth-class inspectors, at nine hundred dollars per annum each. Enlisted telegraph op.crators: Ten sergeants, at sixty pesos per month each; twenty corporals, at fifty pesos per month each; thirty first-class privates, at forty pesos per month each; twenty second-class privates, at thirty pesos per month each: Provided, That no enlistt!d telegraph operator shall receive subsistence, either in money or kind, whether in garrison, traYCling under orders, or in the field. And for extra com· pensation for enlisted men detailed as linemen in addition to their pay proper, not to exceed three thousand pesos: Provided, That the pay of such enlisted men shall not exceed eighteen pesos per month each. Civilian employees: One clerk, class ten; twenty telegraph operators, at nine hundred dollars per annum each; twenty telegraph operators, at seven hundl'ed and eighty dollars per annum each; fifteen linemen, at nine hundred dollars per annum each; ten linemen, at seven hundred and eighty dollars per annum each; five linemen, at seven hundred dollars per annum each; ten linemen, at one hundred and eighty dollars per annum each; five messengers, at one hundred nnd fifty dollars per annum each; and ten messengers, at ninety dollars per annum each. Office of the First District chief: One clerk, class eight; one clerk, class ten; one clerk, Class I; and for hire of detectives as required from tinie to time, at varying rntrs of pay, not to exceed an aggregate of one thousand eight hundred pesos. Office of the Second District chief: One clerk, cluss eight; one clerk, class ten; and for hire of detectives as required from time to time, at varying rates of pay, not to exceed an aggregate of one thousand two hundred pesos. Office of the Third District chief: One clerk, class eight; one clerk, class ten; and for hire of detectives as required from time to time, at varying rates of pay, not to exceed an aggregate of one thousand two hundred pesos. Office of the Fourth District chief: One clerk, class ten; one clerk, Class I; and for hire of detec· th·es as required from time to time, at va1-ying rates of pay, not to rxceed an aggrcgute of nine hundred pesos. Office of the Fifth District chief: Two clerks, class nine, one being for two months; and for hire of dctecth·es as required from time to time, at varying rates of pay, not to exceed an aggregate of six hundred pesos. Vnnssigned clerks: One clerk, class nine; forty clerks for supply officers, not to exceed an aggregate of two thousand five hundred dollars; and for hire of emergency clerical labor, not to exceed an aggregate of three hundred pesos: Provided, That additional compensation shall not be paid hereunder. Assigned to the provinces: One clerk, Class A; two teamsters, at seven hundred and twenty dollars per annum each; and five packers, not to exceed an aggre· gate of three thousand six hundred pesos. Launch crews: Crew of launch Lexington i one assistant engineer, at three bun· dred and sixty dollars per annum; and one fireman, at one hun· dred and fifty dollars per annum; crew of launch Ariel; one pntron, at three hundred and sixty dollars per annum; and one engineer, at three hundred and sixty dollars per annum; crew of boat Annie; one pilot and ten oarsmen, from July first, nineteen hundred and three, not to exceed an aggregate of one thousand three hundred and fifty pesos. Laborers: For hire of unskilled laborers, not to exceed an aggregate of elcYCn thousand pesos. Extra compensation for supply officers: For extra compensation to fifty-two inspectors detailed as supply officers, at two hundred dollars per annum each: Provided, That an additional compensation of one hundred dollars per U:nnum, paya· hie in monthly installments from the revertible appropriations for the purchase and transportation of commissaries, be paid each supply officer who, in ~ddition to his other duties, has charge of a branch civil supply store. Total for salaries and wages, one million and twenty-five thousand pesos. Clothing, camp and garrison equipage, Philippines Constabulary, nineteen hundred and four: For material and manufacture of clothing and equipage; for the purchase, repAir, and preservation of arms, ammunition, equipments, and musical instruments; and for allowance for clothing not dra\m in kind to enlisted men upon discharge; one hundred and sixty-three thousand pesos: Provided, That articles of clothing and equipage may be sold to officers and enlisted men for their personal use, at cost price, under such restrictions as the Chief of Constabulary may prescribe, with the approval of the Secretary of Commerce and Police. Barracks and quarters, Philippines Con.stabulary, nineteen hun· dred and four: For allowance and commutation for offices and OFFICIAL GAZETTE 145 quarters under the provisions of Acts Numbered Seven hundred and six and Eight hundred and seven; for rent, con11truction, and repair of offices, guardhouses, arsenals, bnrriwks, hospitals, storehouse11, and stables; for fuel, illuminating, and cleaning supplies; and for rent of telephones in Manila; seventy-seven thous11.nd pesos. _ TranaportaHon, Philippines Constabulary, nineteen hundred and four: For transportation of officers, enlisted men, employees, pris· oners, and supplies; forage, veterinary attendnnce, medicines, shoe· ing, and incidentals for animals; purchase and hire of draft and riding animals, harness, carts, boots, and so forth; purchase of coal, gasoline, and incidentals for boats; and for subsistence of officers while traveling under orders; one hundred ancl seventy-four thousand pesos: Provided, That the Bureau of Constabulary shall furnish its official transportation in the city of l\lanila, uncler such restrictions as may be prescribed by the Secretary of Commerce and Police, the provisions of Act Numberecl One hundred and ninety-eight to the contrary notwithstanding: And provided f11rther, That foroge in kind for one private animal used in the public service may be furnished the officer owning it on his certificate, approved by his senior insprctor and distl"ict chief: And provided furtlicr, '!'hat the subsistence and traveling expenses of officers and enlisted men on escort duty, together with a11 expense of trans· porting prisoners in their charge, sholl be paid by the Bureau of Constabulary and not by the Bureau or province at whose request the escort is furnished, the provisions of section one of Act Numbered Four hundred and four to the contrary notwithstanding. Secret-service fttnd, Pliilippines Constabulary, nineteen lrnndretl and fo11r: For a contingent fund to be used for secret-service purposes, and for the payment of rewards for the apprehension of deserters, in tbe discretion of the Chief or Acting Chief of Constabulary; ten thousand pesos. Telegraph mid telephone service, Philippines Con..'ttabulary, nine· teen hundred and four: For the construction, maintcnancr, aml repair of telegraph and telephone lines, including purchase of materials and supplies and transportation of same; thirty thousand pesos. ·subsistence, Philippines Constabulary, nineteen hundred and four: For the subsistence of municipal police and volunteers operating in conjunction with and under the dh-cction of the Con· stabulary, subject to the approval of the Secretary of Commerce and Police, and for the subsistence of enlisted men and prisoners, two hundred and sixty-six thousand pesos: Provided, That cvl"ry enlisted man in the Philippines Constabulary, except he be a band man or a telegraph operator, will be given a. daily allowance of twenty-one centavos, Philippines currency, for bis subsistence, and that this allowance may be given in ca11h, or the value thereof in food, or part in cash and part in food, according to the circum· stances of the soldier, as to whether he is traveling under orders, is on campaign duty, or in garrison: And p1'0vided f11rther, Tluit the senior inspectors will be charged with the duty of making requisition for, disbursing, and accounting for subsistence funds and subsistence supplies in their respective provinces. Contingent e111penses, Philippines Constabulai-y, nineteen liundred and four: For the purchase of office furniture, stationery, and sup· plies; advertising, newspapers, periodicals, professional books, postoffie expenses; and for emergency printing a.t the various district headquarters, not to exceed an aggregate of three hundred pesos, the provisions of Act Numbered Two hundred ancl ninety-six to the contrary notwithstanding; for medical treatment for officers nnd enlisted men uncler the provisions of Act Numbered Eight hundred and seven, and for medical, surgical, and hospital supplies, including hospital laundry work; for the burial of officers and enlisited men, and for other incidentals, including ice, distilled water, laundry of ollice towels, and so forth; twenty-three thousand pesos. Continge11t ea:penses, Pliilippines Constabulary, -ninrte.en hm~· di-ed and tliree: For contingent expenses us provided in A(•t 14423-2 Numbered Six hundred and eighty-two, fi\•e thousand nine hundred pesos. In all, for the Philippines Constabulary, one million se\"cn hundred and seventy-three thousand nine hundred pesOl!I. BUREAU OF PRISONS. Salaries and u:ages, B11rcau of Prisons, nineteen hundred a.ml fou,-: Warden, at t11ree thousand dollars pet• annum; Deputy Warden, at two thousand five hundred dollars per annum; one aMistant deputy warden, at· one thousand eight hundred dollars per annum; one physician, at two thousand dollars per annum; one mastc1· mechanic, at one tl1ousand seven hundred dollars per annum; one chief clerk, class eight, at one thousand five hundred dollars per annum; one ca.shier and disbursing officer, class six; one clerk, class eight; one foreman of shops, cla!'>s eight; one dispensing clerk, class nine; five clerks, class nine; two foremen of shops, class nine; one baker, class nine; tl1ree inspectors, class nine; one laundry foreman, class ten, at one tl1ousand and fifty dollars per annum; one cabinetmaker, class ten, from February first, nineteen hundred and four; one interpreter, Class A; one assistant laundry foreman, Class A; one hospital attend~nt, Class A; twenty-five guards, Class A; one overseer, Class C; one teamster, Class C; one foreman of shops, Class C; two clerks, ClaBS D; one overseer. Class D; one foreman of shops, Class D; one carri:nge painter, Class D; two clerks, Class H; two chaplains, at three lmndrcd dollars per annum each; two clerks, Class I; two hospital strwards, Class I; t..wo sergeants, Class I; fourteen keepers. Class I; one assistant laundry foreman, Class I; twenty-eight guards, Claf'is J; one clerk, Class J; one teamster, at one lrnndred and l'ighty dollars per annum; extra. compensation for executioner, at not to exceed ten dollars per cxecJttion; total, seventy-six thousand pesos, under the provisions of Act Numbered Eight hundred and seven. Mrmufachtring department, Bureatt of Prillons, nineteen. hun.dred and four: For purchase of machinery, tools, and other permanent manufactuiing equipment, including materials to be used in all manufacturing departments; seventy thousand pesos. Contingent e111penscs, Bureau of Prisons, nineteen. hundred Oftd four: For contingent expenses, including purchase of office furniture, supplies and typewriters; subsistence of prisoners; supplies for prisoners, including bedding, clothing, medicines, postage, tobacco, and so forth, not to exceed thirty-four thousand pesos; general repairs; partial reconstruction of old pavilions, not exceeding ten thousand pesos; construction of one new pavilion, not to exceed fifteen thousand five hundred pesos; burial of deceased prisoners; for enlarging steam cooking apparatus; transportation of stones from Walled City to prison; reimbursement to prisoners of earnings as hired laborers outside of prison prior to American occupation; for the purpose of furnishing one suit of clothing, of value not exceeding five pesos, and a gratuity of ten pesos to each prisoner, upon release, who has been confined for more than one year, in cases where in the discretion of the Warden it is necessary; for forage, fuel, illumination, oil, and other incidental expenses; two hundred and ninety thousand pesos. In all, for the Bureau of Prisons, four hundred and thh·ty·six thousand pesos. DtmEAV OF COAST OUARD AND TRANSPORTATION. Salaries and u;ages, Bureau of Coast Guard and Transportation, nineteen. hundred and four: Marine Superintendent, at two thousand five hundred dollars per annum; Light-House Inspector, at two thousand five hundred dollars per annum; inspector of mac11inery, at two tllousand five hundred dollars per annum; one clerk, class five; one disbursing officer, class six; one clerk, class six; one draftsman, class seven; two clerks, cla11s seven; four clerks, el8ss eight; four clerks, class nine; one mechanic, class ninl"; one storekeeper, class ten; one storekeeper, Class A; t11ree 146 OFFICIAL GAZETTE clerks, Class A; two assistant storekeepers, Class F; one clerk, Class J; three employees, at one hundred and eighty dollars per annum each; five employees, at one hundred and fifty dollars per annum each; J'ler diems of five dollars each for the United States naval officer detailed as Chief of the Ilmeau, and the Unil<!d States Army officer detailed us Light-House ]~ngineer, and per diems of two dollars and fifty cents for the United States Army officer detailed as assistant to the Light-House Engineer; fortytwo thousand pesos: Provided, That the titles of the Superintendent of Light-Houses, Buoys, Beacons,· and Landmarks, the Superintendent of Light-House Construction, and the Superintendent of Construction, Maintenance, and Operation of Vessels, be changed to Light-House Inspector, Light-House Engineer, and Marine Superintendent, respectively. Light-House Service, B1trcau of Coast Guard and Transporta.tion, 11ineteC'li hundred and four: For the expenses of the LightHouse ServicP, including salaries of captain of light-house tender Corregidor, at one thousand eight hundred dollars per annum; captain of light-house tender Picket, at one thousand two hundred dollars per annum; two first officers, one being for emPrgencies only, at nine hundred dollars per annum each; one second officer, at seYen hundred and twenty dollars per annum; one mate, at six hundred dollars per annum; one chief engineer, at one thousand six hundred dollars per annum; one chief engineer, at one thou· sand and eighty dollars per annum; two first assistnnt engineers, one being for emergencies only, at nine hundred dollars per annum each; five machinists, two being for emerb'l'ncies only, at four bun· dred and twenty dollars per annum each; one machinist, at three hundred and sixty dollars per annum; four oilers, two boatswains, one carpenter, one steward, and two cooks, at two hundred and forty dollars per annum each; wages of authorized petty officers and crews; for subsistence allowances, as authorized by law, to officers, petty officers, and crews, including those authorized for emergencies; salaries of six light keepers, at four hundred and eighty dollars per annum each; eleYen light keepers, at four hundred and twenty dollars per annum each; thirteen light keepers at three hundred and sixty dollars per annum each; nineteen light keepers, at three hundred dollars per annum each; twentyseven light keepers, at two hundred and forty dollars per annum each; seven light keepers, at one hundred and eighty do1lars per annum each; seven light keepers at one hundred and twenty dollars per annum each; one light keeper, at ninety-six dollars per an· num; four light keepers, at sixty do1lars per annum each; one light keeper, at forty-eight dollars per annum; two light keepers, at thirty dollars per annum each; fifteen npprentices, at one hundred and twenty dollars per annum each, and five apprentices, at ninety dollars per annum each, to be stationed in the discretion of the Chief of the Bureau; wages of authorized boatmen, not to exceed four thousand eight hundred pesos: Provided, That in the event of more lights being found necessary for the public service, authority for the employment of the personnel of such lights may be granted by the Secretary of Commerce and Police; for the maintenance and operation of a repair shop and storehouse in connection with the division of light-house construction, including salaries and wages of one assistant overseer, at nine hundred dollars per annum; one foreman, at three hundred dollars per annum; necessary mechanics and laborers, and purchase of supplies; for necessary rents, repairs, and supplies for light stations; for purchase of necessary equipment for machine shop for repairing and installing apparatus and machinery, not to exceed two thousand pesos; for construction of wharf on Engineer Island, and for transferring materials, supplies, and so forth, to new warehouse, not to exceed six thousand pesos; for maintenance and operation of tenders, including purchase of fuel and supplies, pilotage, repairs, and so forth, not to exceed thirty-four thousand eight hundred pesos; buoyage, not to exceed eleven thousand pesos, and other incidental expenses, including subsistence of officers and employees while traveling on official business; one hundred and thirty-two thousand pesos. C1ttters a1ul launches, Bureau of Coa8t G11ard and Transportatio1i, nineteen hundred and four: For expenses in the maintenance of cutters and launches, including salaries and wages of one pay officer, at one thousand eight hundred dollars per annum; one pay clerk, class nine; seventeen captains, at one thousand eight hundred dollars per annum each; five musters, at one thousand two hundred dollars per annum ench; eighteen first officers, at nine hundred dollars per annum each; eighteen second officers, at seven hundred and twenty dollars per annum each; four mates, at six hundred dollars per annum each; seventeen chief engineers, at one thousand six hundred dollars per annum each; four chief engi· nc<'rs, at one thousand and eighty dollars per annum each; eight.· een assistant engineers, at nine hundred dollars per annum each; four assistant engineers, at four hundred and twenty dollars per annum each; five a!:isistant engineers, at three hundred and sixty dollars per annum each; two engineers, at four hundred and eighty dollars per annum each; four engineers, at three hundred and sixty dollars per annum each; three engineers, at three hundred dollars pc>r annum each; thil'ty-four machinists, at four hundred and twenty dollars per annuin. each; forty-eight oilers, at two hundred and forty dollars per annum each; nine firemen, at two hundred and forty dollars per annum each; one patron, at six hundred dollars per annum; three patrons, at four hundred and eighty dollars per annum c~tch; three patrons, at three hundred dollars per annum each; sixteen boatswnins, nt two hundred and forty dollars per annum each; sixteen carpenters, at two hundred and forty dollars per annum each; sixtel"n stewards, at two hundred and forty dollars per annum each; sixteen cooks, at two hundred and forty "dollars per annum each; one master, at one thousand and Pighty dollars per annum, one chief engineer, at nilie hundred dollars per annum, one assistant engineer, at four bun· dred and fifty dollars per annum, one pilot, at three hundred dollars per annum, and one mess boy, at ninety-six dollars per annum, from July first, nineteen hundred and three; and authorized petty officers, crews, mechanics, and laborers; for the purchase of coal, oil, outfits, commutation of rations; subsistence of postal clerks; hospital expenses, repairs, and other incidental expenses; six hundred and seventy thousand pesos: Provided, That the Chief of the Bureau, with the approval of the Secretary of Commerce and Police, may employ additional officers, petty officers, and crews as may be required to man cutters or launches which may be added to those already <J.ndcr the control of the Bureau, the compensation of such officers and men to be determined by the proYisions of law applying to Ycssels of similar classes: And pro· vided further, That the Chief of the Bureau may employ tempora· rily an additional man of the same grade to replace any man sent to the hospital from one of the vessels: And provided, That postal clerks, while on duty on Coast Guard cutters, shall be furnished subsistence in kind by the Bureau of Coast Guard and Transportation: And provided further, That funds herein appropriated may be used for subsistence and aid of shipwrecked sailors, or other persons in distress, as demanded by the laws of humanity and the customs of maritime nations. Contingent e:r.:peMes, Burea1t of Coa8t Guru-d and Transpm·tation, nineteen hundred and fo1tr: For contingent exp<'nses, includ· ing purchase of office furniture and supplies; advertising, electric lighting, ice, telephone rent; medical treatment and medicines for officers, petty officers, and crews of cutters and launches, under the provisions of Act Numbered Eight hundred and seven; and other incidental expenses; two thousand pesos. In all, for the Bureau of Coast Guard and Transportation, eight hundred and forty-six thousand pesos. BUREAU 01'' COAST AND GEODETIC SURVEY. Salari'cs and wages, Bureau of Coast and Geodetic Survey, nineteen hundred and four: One clerk, class eight, at one thousand OFFICIAL GAZETTE 147 five hundred dollars per annum; two clerks, Class D; three clerks, Class E; two clerks, Class F; eight clerks, Class G; one appten· tice draftsman, at two hundred and forty dollars per annum; one o.pprentice draftsman, at one hundred and eighty dollars per annum; one messenger, at one hundred and eighty dollars pei:: annum; eight thousand four hundred pesos. Field and steamer ez,icnses, Bureau of Coast and Geodetic Survey, nineteen hundred and four: For field expenses, including pay of five observl'rs, at not to exceed one thousand five hundred dollars per annum each; one watch officer and one chief engineer, at not to exceed one thousand six hundred and eighty dollars per annwn each, without subsistence; repairs and supplies for the maintenance and operation of steamers engaged in sun.-ey work; hire of launches, not to exceed eight thousand pesos; salaries a.nd wag<!S of petty officers, crews, u.nd emergency employees; rations and uniforms for petty ofiicers and crews; for medical treatment and medicines for office1·s, petty officers, and crews, under the pro\•isions governing the Bureau of Coast Guar<l and Trnnsporta.tion; and other incidental expenses; twenty-eight thousand pesos. Contingent e.rpenscs, /Jurcau of CoCUlt and Geodetic Survey, nineteen hundred and four: For contingent expenses, including purchase of office supplies; hire of vehicles in Manila on official business when such transportation can not be furnished by the Insular t>urehasing Agent, not to exceed forty pesos; and other incidental expenses; one thousand six hundred pesos. In all, for the Bureau of Coast and Geodetic Survey, thirty-eight thousand pesos. BUREAU OF ENGINEERING. Salaries and wages, Rurea1t of Engineel"'ing, nineteen hundred and four: Consulting Engineer, at fh-e thousand dollars per annum; principal assistant engineer, at three thousand five hundred dollars per annum; railroad engineer, at three thousand six hundred dollars per annum; chief of supenisors, at three thousand dollars per annum; chit•f surveyor, clasi:; two; geographer, class two; one assistant engineer, chts8 three; one assistant engineer, Class four; two assistant engineers, class 6xe; chief draftsman, clas~ five; three assh1tant engineers, clasi; six; one l'hicf clerk, class six; fi.\-e transitmen, class seven; two clerks, class se~·en; fi\•e transitmeo., class eight; two clerks, class eight; three clerks, class nine; eight recorders, class nine; three draftsmen, Class D; four d1·aftsmen, Class G; ten sun·eymen, Class H; two messengers, at two hundred and ten dollars per annum each; and for the hire of such assistant engineers, drnflsmen, sun-cyo1·s, and employees, with the approval of the Secretary of Commen.·e and J>oiicc, as may be necessary from time to time to uccomplish authorized work, not to exceed six thousand pesos; se\·cnty thousand pesos. Transvurtution, Bureau of E11ginccdn.g, nineteen hm1di·ed a.ml fo11r: .For lhe actual and nC'cessary tra\·eling expense11 of officers and employees, transportation of supplies, and for the hire of \"chicles in Manila on official busine!l:i when such transportation can not be furnishetl by the Jnsular Purchasing Agent, not to exceed one hundred pesos; eight hundred pesos. Public u:orks, Bureau of Bngineering, ni11etcen hundred and four: 1"01· expenses in connection with such public wo1·ks, examination1:1, and sun·eys as may he authorized by the Commission, including the cost of labor and necessary equipment, twenty thousand pesos: Provided, That where an appropriation has been madefor any specific work the contingent, incidental, and any other expenses in connection with the same shall be payable from the appropriation made for such work. Contingent c.rpcnscs, Bureau of Engineering, ni11ctccn l&u11di·ed. and four: For contingent expenses, including the purchase of supplies and slll"veying instruments; ad\·e1·tising, and other incidental expenses; two thousand four hundred pesos: Provided, That employt><'s of the Bureau of Engineering shall be entilled to medicines and medical attendance while engaged on any authorized public work at places where usual medical attendance is not accessible, and the Consulting Engineer to lhe Commission may, subject to the approval of the Secretary of Commerce and Police, appoint such physicians and surgeons, at fixed monthly salaries, as may in his judgment be for the best interest of the service. In all, for the Bureau of Engineering, ninety-three thousand two hundred pesos. DEPARTMENT OF FINANCE AND JUSTICE. BUREAU OF THE TREASURER OF THE PHILIPPINE ISLANDS, Bala.Ties a.nil wages, Bureau of tlte Treasurer of the PMUppin.e Islands, nineteen. hundred a.nil four: Treasurer, at seven thousand dollars per annum; Assistant Treasurer, at four thousand dollars per annum; chief of dh·ision of currency, at three thousand dollars per annum; three clerks, class three; three clerks, e1aas four; seven clerks, class five; seven clerks, class six; seven clerks, class seven; nine clerks, class eight; eight clerks, class nine; one clerk, Class C; five clerks, Class D; two clerks, Class I; one clerk, Cla11 J; one employee, at two hundred and ten dollars per annum; two employees, a.t one hundred and eighty dollars per annum each; extra. allowance for disbursing clerk, at two hundred dollars per annum; ninety-one thousand pesos. Transportation-, Bureau of _the Tmuurer of the Philippin.e Jg.. lands, nineteen. 1,undred and four: For the actual and necessary traveling expenses of omcers and employees; per diems of deputies and examiners in official travel in conneetiOn with the examination of accounts as provided for by Act Numbered Three hundred and fifty-eight, and for expenses incurred in the transfer of funds to and from the provinces, nine thousand nine hundred and forty pesos. Contiingent ell'penscs, BuretJN, of the Treo.aurer of the Philippine lslainda, nineteen la.undred a.nd four: For contingent expenses, including the purchase of offtce furniture, fixtures, and supplies; the purchase of books and literature pertaining to currency questions; the payment of premiums on surety bonds; rebates of unearned premiums on surety bonds canceled or transferred; and for advertising, cablegrams, coolie hire, post-office box rent, repairs to typewriters, adding machines, and office furniture, and other incidental expenses; one hundred and thirty-two thousand seven hundred pesos. In all, for the Bureau of the Treasurer of the Philippine Islands, two hundred and thirty-three thousand six hundred and forty pesos. DUBEAU OF THE AUDITOR FOR THE PHILIPPINE ISLANDS. Salaries atid u;ages, Burea-u of the Auditor for the Philippine Islatuls, nineteen. hundred and four: Auditor, at seven thousand dollars per annum; Deputy Auditor, at four thousand dollars per annum; three clerks, class three; four clerks, class four; two clerks, class ftve; nine clerks, class six; seven clerks, class .seven; thirteen clerks, class eight; fourteen clerks, class nine; six clerks, class ten; four clerks, Class A; two c1erks, Class B; two clerks, Class C; three clerks, Class D; three clerks, Class E; two clerks, Class Ii'; two clerks, Class G; two clerks, Class H; two clerks Class I; two employees, at one hundred and eighty dollars per annum each; two employees, at one hundred and .fifty dollars per annum each; extra. aUowance for disbursing officer, at two hundred dollars per annum; one hundred and nine thousand pesos. Contingent e:i:penses, Bureau of the A udiior for the Pkilippin.e Islands, nineteen hundred and four: For contingent expenses, including the purcl1ase of office furniture, stationery, and supplies, advertising, and other incidental expenses, two thousand pesos. In all, for the Bureau of the Auditor for the Philippine Islands, one hundred and e1e\•cn thousand pesos. BUREAU OF CUSTOMS AND llCUIGBATION. Salaries and wo.ges, Bureau of G'ustonis and Immigration, nineteen liundred and four: Collector of Customs, at seven thousand dollars per annum; Deputy Collector of Customs, at four thousand dollars per annum; Special Deputy Co1lector of Customs, at four thousand dollars per annum; two additional deputy collectors 148 OFFICIAL GAZETTE of customs, class one; Surveyor of Customs, at four thousand dollars per annum; deputy surveyor of customs, cln.ss two; deputy surveyor of customs, class three. Office of the Collector of Customs: One clerk, class seven; two clerks, class eight. Oflicc of the Deputy Collector of Customs: One clerk, class six; one clerk, class eight. Office of the Special Deputy Collector of Customs: One clerk, class eight. Office of the Surveyor of Customs: One admeasurer, class three; one assistant adrueasurer, class six; one clerk, class seven; one clerk, class eight; three clerks, Class F; one inspector of boilers, class four, for one month; one inspector of boilers, class five, from February first, nineteen hundred and four; one inspector of hulls, class five; one harbormaster, class five; one clerk, class nine; three patrnlmen, Class I; one messenger, at one hundred <tnd ninety-two dollars per annum; one superintendent of semaphore station, Class D, at six hundred and thirty dollars per annum; one assistant superintendent of sema_phore stution, Class G; two messengel's, at one hundred and ninety-two dollars per annum each. Division of insular customs accounts: Disbul'sing oflicer, class five; one clerk, class seven; one clerk, class ten; one clerk, Class D; thl'ee clerks, Class J; one messenger, at ninety dollars per annum. Correspondence division: One clerk, class six; three clerks, class seven; six clerks, class eight; five clerks, Class A; one clerk, Class C; one clerk, Cl1tss F; two messengers, at one hundred and eighty dollars per annum each; two messengers, at one hundred and twenty dollars per annum each. Board of protests and appeals: One clerk, class four; two clerks, class eight. Cashier's division: Cashier, class one; assistant cashier, class five; one clerk, class six; one clerk, class eight; one clerk, class nine; two clerks, class ten; one clerk, Class A; two clerks, Class C; one clerk, Class D; one clerk, Class F; one clerk, Class I; three clerks. Class J; two messengers, at ninety dollars per annum each. Appraiser's division: One chief appraiser, class three; one assistant appraiser, who shall act also as appraiser of textiles, class fom; three appraisers, class five; four examiners, class seven; four examiners, class eight; twelve examiners, class nine; twenty examiners, class ten; nine employees, at one hundred and twenty dollars per annum each; ,two messengers, at ninety dollars per annum each. Impol'tation, exportation, and navigation di,•ision: Chief of division, class five; one clerk, class seven; one liquidator, class eight; one clerk, class eight; two clerks, class nine; four clerks, class ten; two clerks, Class D; three clerks, Class I; two messengers, at ninety dollars per annum each. Liquidation division: Chief of division, class five; one clerk, class seven; one clerk, class eight; three liquidators, class nine; two liquidators, class ten; two liquidators, Class D; two liquidators, Class F; two mes· sengers, at ninety dollars per annum each. Inspectors' division: Chief of division, class five; one clerk, class seven; two inspector!', class eight; two inspectors, class nine; two inspectors, class ten; twenty-six inspectors, Clm;s A; four weigh<'l's, Class F; twenty guards, Class I; twelve wcighcrs, Class J; eighty-five guards, Class J. General order stores am! bonded warehouse divbion: Chief of clivision, class Jive; one clerk, class seven; one clerk, class eight; one clerk, class nine; one clerk, class ten; fourteen warehousemen, Class A; one warehouseman, Class C; one warehouseman, Class D; seven clerks, Class l; sixteen clerks, Class J; eighteen clerks, Class K, at one hundred and eighty dollars per annum each; twelve laborers, at one hundred and twenty dollars per annum each; two messengers, at ninety dollars per annum each. Consular and statistical division: Chief of division, class five; one clerk, class seven; six clerks, class nine; five clerks, class ten; five clerks, Class A; two clerks, Class D; four clerks, Class J; one messenger, at ninety dollars per annum. Immigration division: Chief of division, class five; one clerk, class seven; two immigration inspectors, class eight; three immigration inspectors, class nine; one Chinese interpreter, Clase D; one employee, at two hundred and forty dollars per annum; two employees, at one hundred and twenty dollars per a.nnum each; one messenger, a.t ninety dollars per annum. Passenger and baggage division: Chief of division, class five; one clerk, class eight; one baggage inspector, class nine; three bagga.ge inspectors, class ten; three baggage inspectors, Class A; one intel'preter, Class D; four employees, a.t one hundred and twenty dolla.rs per annum each. Harbor launch division: Chief of division, class six; one launch inspector, class eight; one liiunch inspector, class nine; two la.unch inspectors, Class A; three launch inspectors, Class J; one employee, at one hundred and eighty dollars per annum; six employees, at one hundred and fifty dollars per annum each. Division of special agents: Supervising special agent, class three; two special agents, class four; two sp~cial agents, class six; one special agent, class seven; one special agent, class eight. Sup<'dntendent of buildings: One superintendent, Class A; four night watchmen, Class H; one janitor, Class I; seventeen employees, at one hundred and twenty dollars per annum each. Additional compensation for temporary disbursing clerk during the absence of the disbursing officer, at two hundred dollars per annum; and for the payment for services of not more than three translators on any one day, at a per diem rate of five dollars or less each, one thousand pesos, or so much thereof as may be necessary. Iloilo custom-house: Collector of customs, at four thousand dollars per annum; dep· uty collector of customs, class four; surveyor of customs, class six; one clerk, class six; one appraiser of merchandise, clase seven; two clerks, class eight; one clerk, class nine; one clerk, class ten; three clerks, Class A; three inspectors, Class A; three clerks, Class D; one inspector of hulls, Class F; two guards, Class I; ten guards, Class J; one clerk, Class K, at one hundred and twenty dollars per annum; three messengers, at one hundred and eighty dollars per annum each; two employees, at one hundred und fifty dollars per annum each; two employees, at ninety dollars per annum each; one patron, Class I; one assistant engineer, Class H; one fireman, at two hundred and forty dollars per annum; one sailor, at two hundred and forty dollars per annum; one :fireman, at one hundred and thirty· five dollars per annum; two sailors, at one hundred and eight dollars per annum each. Cebu custom-house: Collector of customs, at four thousand dollars .per annum; deputy collector of customs, class five; surveyor of customs, class six; one clerk, class six; one appraiser of merchandise, class seven; one clerk, class eight; one examiner, class eight; one inspector, class ten; one inspector, Class A; two clerks, Class A; one clerk, Class D; one clerk, Class l<~; three employees, Class H; twenty-six guards, Class J; two employees, at one hundred and twenty dollars per annum each; emergency employees, not to OFFICIAL GAZETTE 149 exceed an aggregate of ten dollars per month; one patron, Class G; one engineer, Class G; two firemen, Class J; three sailors, at one hundred and eighty dollars per annum each. Jolo custom-house: Collector of cu:stoms, class three; one examiner, class eight; one clerk, class eight; one clerk, class nine; one clerk, Class C; one clerk, Class I; six guards, Class J; two employees, at ninety dollars per annum each; one employee, at seventy-two dollars per Znmboanga custom-house: Collector of customs, class fin'!; one examiner, class eight; one clerk, class nine; one clerk, Class A; one clerk, Class I; five guards, Class J; two employees, at ninely dollars per annum each; four employees, at st>venty-two dollars per nnnum each. Puerto Princesa custom-house: Collector of customs, class six; one clerk, Class D, and four boatmen at not exceeding ninety dollars per annum each, from October fifteenth, nineteen hundred and three. Bongao custom-house: Collector of customs, class six; one clerk, Class D, and four boatmen at not exceeding ninety dollurs per annum each, from October fifteenth, nineteen hundred and three. Cape l\Ielville custom-house: Collector of customs, class six; one clerk, Class D, and four boatmen at not exceeding ninety dollars per annum each, from October fifteenth, nineteen hundred and three. Interior ports: Eighteen coast district inspectors, class eight; ten deputy coast district insp~ctors, Class A; fifty inspectors of customs, Class K, at one hundred and eighty dollars per annum each; eighty-five inspectors of customs, Class K, at one hundred and twenty dollars per annum each; one hundred inspectors of customs, Class K, at sixty dollars per annum each; fifteen clerks, Class I; ten clerks, Cluss J; fifteen employees, at one hundred and eighty dollars per annum each; ten employees, at. one hundred and twenty dollars per annum each; ten employees, at sixty dollars per annum each; salaries and wages of boat crews, not to exceed an aggregate of four thousand pesos; salaries of additional clerks, guards, watchmen, boatmen, sailors, and marines, not exceeding twenty-five dollars per month each for clerks and twenty dollars per month each for other employees, one thousand pesos, or so much thereof as may be necessary. · Total for salaries and wages, four hundred and eixty-cight thousand pesos. Transportation, Bureau of Customs and J.mmigra!ion, nineteen. hundred a11d four: For the actual and necessary traveling expenses of officers and employees, including coast and deputy coast district inspectors while inspecting port8 within their districts; special agents while on official travel in connection with the cxami· nation of customs accounts, at two dollars and fifty cents per diem; and the transportation Of supplies, fi\·e thousand pesos. Revenue cutters and launches, Bureau of Customs and lmmif!1·ation, nineteen hundred and four: For the maintenance and expenses of launches and rennuc cutters, including the salaries and wages of the crews of l\Ianila Harbor launches, consisting of two captains, Class D; one engineer, Class E; twelve engineers and captains, Class F; three employees, Class H; three employees, Class I; fourteen firemen, at two hundred dollars per annum each; two employees, at one hundred and fifty dollars per annum each; twenty-five employees, at one hunched and t\\·cnty dollars per annum each; and for the salaries and mtion allowances of cutter crews. consisting of six captain,;, l'iass nine; six chief cmgineers, Class C, and seven mates, Cla,;s D. with <"ommutation of rations at fifty cents each per diem; thirteen assistant engineers at two hundred and ten dollars per annum each, nineteen firemen at one hundred und thirty-two dollars per annum each, thirteen quartermasters at ~ne hundred and fifty dollars per annum each, thirtytwo sailors at one hundred and twenty dollars per annum each, six stewuds at one hundred and eighty dollars per annum each, and six cooks at one hundred and twenty dollars per annum each, with commutation of rations at fifteen cents each per diem; for clothing allowance of three suits and two hats per annum for each petty officer and member of crews of revenue cutters, not to exceed one thousand five hundred pesos; purchase of fuel, sujlplics, and rations for crews of harbor launches in emergency cases or while away from their regular stations; repairs and incidental expenses; eighty thousand pesos. llevenue cutters and launches, Bureau of Customs aM Immigrati-On, nineteen hundred and two: For expenditures made by the customs disbursing officer at Iloilo from the appropriation for contingent expenses but which are chargeable to the app1·opriation for revenue cutters and launches, seventy-four pesos and seventy-seven centavos. Special contingent fund, Bureau of Customs and ImmigratWn, nineteen Jmndred and four: For a fund to be expended in the discretion of the Collector of Customs for the Philippine Islands in the dctectioll and punishment of violators of the Customs, Immi· grntion, and Revenue laws, twenty thousand pesos. Contingent ea;penses, Bureau of Customs and Immigration, nineteen hundred and four: For contingent expenses throughout the Archipelago, including purchase of office furniture and supplies; subsistence of customs officers while on duty on board United States Army and Navy transports; for the payment of a.wards to informers under the provisions of section three hundred and fortycight of Act Numbered Three hundred and fifty-five; advertising; cablegrams; ice; rent of offices used bj. inspectors of customs; repairs to oflices; purchase of and repairs to boarding boats; con· strnction of and repairs to coal sheds; coolie hire for handling supplies; cost of transferring deposits to the Insular Treasury; and other incidental expenses; thirty-three thousand five hundred and ninety pesos. In all, for the Bureau of Customs and Immigration, six hundred and six thousand six hundred and sixty-four pesos and seventyseven centavos. The Collector of Customs for the Philippine Islands is hereby authorized to purchase from Carman and Company, for the sum of twcnty·nine thousand pesos, Philippines currency, the stea.m cranes, tramway, locomotive, cars, machinery, appliances, materials, and other personal property used in the landing, conveyance, storing, and delivery of imported merchandise at the custom-house at the port of Manila, in accordance with the inventory presented by the Insular Collector of Customs, said sum to be paid from the amow1t appropriated in Act Numbered Eight hundred and ninety-seven; any provision in said Act to the effect that such purchase shall be in accordance with the appraisal presented by the Insular Col· lector of Customs on February twenty-first, nineteen hundred and three, and approved by resolution of the Philippine Commission of :March fourth, nineteen hundred and three, is hereby repealed. BUREAU OF INTERNAL REVENUE. Salaries and 1cages, Bureau of Inter1ial Revenue, nineteen kun· dred and four: For salaries and wages, three hundred and seventy· four pesos: Provided, That the unexpended balance of funds appropriated in Act Numbered Eight hundred and seven, under this head, is hereby made available for expenditure during the entire fiscal year. Transportation, Bureau of Internal Revenue, nineteen hundred and four: The funds appropriated in Act Numbered Eight hundred and seven, under this head, arc hereby made available for expenditure during the entire fiscal year. Contingent exp1mscs, Bureau of Internal Rcve1~ue, nineteen hun· dred and four: The funds appropriated in Act Numbered Eight hundred and seven, under this head, are hereby made available for expenditure during the entire fiscal year. 150 OFFICIAL GAZETTE In all, for the Bureau of Internal Revenue, three lmndred and se\·enty·four pesos. BUREAU 01' THE INSULAR COl.D STORAGE AND ICE PLANT. Salaries and wages, Bureau of tJ1e Insulair Cold Storage atul Ice Plan.I, nineteen hundred and four: Office fore«> and sales department: One supcl'intendent, at three thousand six hundred dollars per annum; one clerk, class five; four clerks, class six; two clerks, class eight; three clerks, Class A, one being until March first, nine· teen hundred and four, only; one clerk, Class C; one clerk, Class D; four employees, at three hundred dollars per annum each; three office boys, at two hundred and sixteen dollars per annum each. Engineering and manufacturing depa1·tment: One chit>f engineer, at two thousand four hundred dollars per annum; one assistant engineer, class fh·e; one assistant engineer, class se\·en; one assistant engineer, class nine; one machinist, class eight·; two machinists, class nine; one machinist, Class H; one electrician, class se\·en; one assistant electrician, Class D; one oiler, Class A; three oilera, Class C; three wate1·tenders, Class B; one water tender, Class C; one pipefitter, class nine; 0°ne elevatorman, Class F; twenty laborers, at two hundred and forty dollars per annum each; thirty laborers, at one hundred and eighty dollars per annum each. Cold storage and sales department: One overseer, Class nine; three labort>rs, at two hund1·ed and sixteen dollars per annum each; eighteen laborers, at one hundred and eighty dollars per annum each; eleven emergency laborers, nt one peso ~nd fifty centavos each per diem. Land-tmnsportation department: One overseer, class nine; one blacksmith, class nine; one wheel· wright, class ten; two teamsters, Class A; fourteen teamsters, Class C; two bl11.cksmith helpers, Class I; one saddler, Class E; twenty laborers, at two hundred and fo1·ty dollars per annum ea.ch; two cocheros, at one hundred and eighty dollnrs per annum each. Water trani;portation department: One overseer, class tt""n; one engineer, Class F; one assistant engineer, Class H; one patron, Class J; two firemen, al one hundred and ninety-two dollars per annum each ; one boatswain, at two hundred and sixteen dollars per annum; six patrons, Class I; thirty sailors, at one hundred ancl sixty-eight dollars per annum each. Care and maintenance of buildings and grounds: One carpenter, class eight; one carpt'nter, class ten; one overseer, class ten; five watchmen, Class C; one painter, Class F; three painter helpers, Class I; two carpenter helpers, Class G; one car· penter helper, Class J; one mn.son, Class H; two laborers, a.t two hunclred and forty dollars per annum each; eleven laborers, at one hundre<l and eighty dollars per annum each. Total for salaries and wages, seventy-six thousand pesos. Improvement of plant, Bureau of the li111ular Cold Storage and Ice Pla11t: l"or the purchase of an additional freezing tank, including nll necessary material and any additional labor necessary for its installation; twenty thousand pesoi;. Cantingcnt c:cpenscs, Bureau of the /11sular Cold 8toroge and Ice l'lant, 11inetee1i lurndred. and four: l~or office supplies, coal, forage-, electrical supplies, and incidental ex pens~; care and maintenance of buildings and groundi;; care and maintenance of machinery; care nnd ma.intenancc of water transportation, including repairs to launch and lorchllii; care and maintenance of land transportation, including repairs to wa!,"ODS and harness, purchase of new equipment, veterinary supplies, and so forth; eighty-five thommnd pesos: Provided, That the Bureau of the Insular Cold Stonlgc and Ice Plant shall furnish its own official transportation, the provisions of Act Numbered One hundred and ninety-eight to the cuntrary notwithstanding. In a.II, for the Bureau of the Insular Cold Storage a.nd Ice Plant, one hundred and eighty-one thousand pesos. BUBEA.V OF JUSTICE. Salaries atul wages, Bureau of Justice, nineteen liundred and four: Supreme Court: Chief Justice, at seven thousand fi,·e hundred dollars per annum; six associate justices, at Se\'en thousand dollars per annum each; one clerk of the court, at three thousand dollars per annum; three deputy clerks, one being until not later than February fifteenth, nineteen hundred and four, at two thousand dollars per annum each; one reporter of decisions, who shall furnish his own office room, clerical assistance, translators, typewriters, and other aids, at two thousand dollars per annum; one employee, class six; one employee, class seven; one employee, class nine; one employee, Class C; two emJ>loyees, Class E; one employee, Class G; four employees, Class H; ·six employees, Class J; five employees, at one hundred and fifty dollars per annum ca.ch. Court of First Instance, Manila: Three judges, at five thousand five hundred dollars per annum ea.ch; one clerk, at two thousand dollars per annum; two assistant clerks, at one thousand six hundred dollars per annum ea.ch; one deputy clerk, at nine hundred dollars per annum; six employees, class seven; one employee, class eight; three employees, class nine; eight employees, Class H; fi\·e employees, at one hundred and fifty dollars per annum eaeh. Courts of l~irst Instance, First District: One judge, at four thousand five hundred dollars per annum; one employee, class nine; one employee, Class D; one clerk, Caga.yan, at eight hundred dollars per annum; one clerk, Isabela, at se\·en hundred dollars per annum; two employees, Class J; two employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Second District: One judge, at four thousand five hundred dollars per annum; one clerk, Ilocos Sur, at nine hundred dollars per annum; one clerk, Abra, at seven hundred dollars per annum; one clerk, IJocos Norte, at nine hundred dollars per annum; one employee, Class D; one employee, at four hundred and fifty dollars per annum; fl.\·c employees, Class J; three employees, at one hundred and twenty dollars per annum eaeh. Courts of Jo'irst Instance, Third District: One judge, at five tho_usand dollars per annum; one employee, class seven; one employee, class nine; one clerk, Union, at nine hundred dollars per annum; one clerk, Pangasinan, at one thousand one hundred dollars per annum; one clerk, Zambales, at <'ight hund1·ed dollars per annum; one deputy clerk, Pa.ngasinan, at three hundred and sixty dollars per annum; two employees, at one hundred and eighty dollars per annum each; one employee, at one hundred and fifty dollars per annum. Courts of First Instance, F~urth District: One judge, at five thousand dollars per annum; one employee, Class A; two employees, Class J; one clerk, Tarlac, at nine hundred dollars per annum; one clerk, Pampanga, at one thousand dollars per annum; one clerk, Nucm Ecija, at nine hundred dollor:; per annum; one <leputy clerk, Pampanga, at three hundred dollars per annum; one emp1oyee, at two hundred and forty dollars per annum; three employees, at one hundred and fifty dollars per annum enc11; three employees, at one hund1·ed and twenty dollars per annum each. Courts of First Instance, Fifth District: One judge, at five thousand dollars per annum; one clerk, Bulacan, at one thousand dollars per annum; one clerk, Rizal, at nine hundred dollars per annum; one employee, Class G; two employees, Class J; two employees, at one hundred and eighty dollars per annum each; two employees, at one hundred and twenty dollars per annum each. OFFICIAL GAZETTE 151 Courts of l•'irst Instance, Sixth District: One judge, at five thousand dollars per annum; one clerk, Laguna, at nine hundred dollars per annum; one clerk, Cavite, at nine hundred dollars per annum; one clerk, Bataan, at eight hundred dollars per annum; one employee, Class C; four employees, Class J; two employees. at one hundred and eighty dollars per annum each; three employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Seventh District: One judge, at five thousand dollars per annum; one employee, Class A; one clerk, Batangas, at one thousand one hundred dollars per annum; one derk, Tayabas, at nine hundred dollais per anmnn; one clerk, Marinduque, at seveh hundred dollars per annum; one clerk, l\hndoro, at ~ight hundred dollars per annum; four employees, Clnss J; five employees, at one hundred and twenty dollars per annum ench. Coul'ts of First Instance, Eighth District: One judge, at five thousand dollars per annum; two employees, class nine; one clerk, Cnmarines, at nine hundred dollars per nnnum; one clerk, Albay, at nine hundred dollars per annum; one C'lerk, Sorsogon, at eight hundred dollars per annum; three employees, Class J; one employee, at one hundred and eighty dollars per annum; one employee, at one hundred and fifty dollars per annum; two employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Ninth District: One judge, at five thousand dollars per annum; one employee, class seven; one employee, class nine; one clerk, Iloilo, at one thousand two hundred dollars per annum; one employee, Class ,J; one employee, at one hundred and eighty dollars per annwh; one employee, at ninety dollars per annum. Courts of First Instance, Tenth District: One judge, at five thousand dollars per annum; one employee, Class D; one clerk, Occidental Negros, at one thousand one hundred dollars per annum; one clerk, Antique, at nine hundred dollars per annum; two employees, Class J; one employee, at one hundred and eighty dollars per annum; one employee, at one hundred and forty·four dollars per annum; one employee, at ninety dollars per annum. Courts of First Instance, Eleventh District: One judge, at five thouf!and dollars per annum; one employee, class seven; one employee, Class D; one clerk, Cebu, at one thousand two hundred dollars per annum; one clerk, Oriental Negros, at eight hundred dollal's per annum; one clerk, Bohol, at one thousand dollars per annum; one deputy clerk, Cebu, Class D; two employees, Class H; two employees, Class J; two employees, at one hundred and eighty dollars per annum each; one employee, at one hundred and twenty dollars per annum; two employees, at sixty dollars per annum each. Courts of First Instance, Twelfth District: One judge, at five thousand dollars per annum; one employee, Class D; one clerk, Samar, at nine hundred dollan per annum; one clerk, Leyte, at one thou!:land dollars per annum; two employees, Class J; two employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Thirteenth District: One judge, at four thousand five hundred dollars per annum; one employee, class nine; one clerk, Misamis, at nine hundred dollars per annum; one clerk, Surigao, at eight hundred dollars per annum; one clerk, district of Lanno, at three hundred dollars per annum; one clerk, subdistrict of Dapitan, at three hundred dollars per annum; one employee, Class J; one employee, at one hundred and eighty dollars per annum; four employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Fourteenth District: One judge, at four thousand five hundred dollars per annum; one clerk, district of Zamboanga, at one thousand two hundred dollars per annum; one clerk, Jolo, at one thousand dollars per annum; five deputy clerks, at two hundred dollars per annum each; four employees, at one hundred and twenty dollars per annum each. Courts of First Instance, Fifteenth District: One judge, at four thousand five hundred dollars per annum; one employee, class eight; one fiscal, at one thousand five hundl'ed dollars per annum; one employee, class nine; one clerk, Capiz, at nine hundred dollars per annum; one clerk, Homblon, at five l;uncked dollars per annum; one clerk, Masbate, at four hundred dollars per annum; one clerk, Paragua, at three hundred dollars per annum; one deputy clerk, Paragua, at two hundred dollars per annum; two employees, Class J; one employee, at one hundred and eighty dollars per annum; two employees, at one hundred ·and twenty dollars per annum each; and clerical and translating assistants io fiscal, not to exceed four hundred pesos. Courts of Fil'st Instance, Mountain District: One judge, at four thousand five hundred dollars per annum; one fiscal, at one thousand six hundred dollars per annum; one clerk, at one thousand six hundred dollars per annum; three deputy clerks, at three hundred dollars per annum each; three employees, at one hundred and twenty dollars per annum each; and clerical, interpreting, and translating assistants to fiscal, not to exceed one thousand pesos. Court of Customs Appeals: Two judges, at four thousand five hundred dollars per annum each; one clerk, at one thousand six hundred dollars per annum; one employee, class eight; one employee, at one hundred and eighty dollars per annum. Judges of first instance and employees at large: Four judges, at four thousand five hundred dollars per annum each; two employees, class eight; two employees, class nine. Court of Land Registration: One judge, at five thousand dollars per annum; one judge, at four thousand dollars per annum; one clerk, at two thousand five hundred dollars per annum; one assistant clerk, at two thousand dollars per annum; one examiner of titles, Manila, at one thousand five hundred dollars per annum; five examiners of titles, at one thousand two hundred dollars per annum each; two employees, class seYen; two employees, class eight; one employee, class nine; one employee, Class A; two employees, Class D; three employees, Class E; one employee, Class F; one employee, Class G; thl'ee employees, Class H; one employee, Class I; three employef's, at one hundred and eighty dollars per annum each. Office of the Attorney-General: Attorney-General, at seven thousand dollars per annum; Solicitor-General, at five thousand five hundred dollars per annum; Assistant Attorney-General, at four thousand five hundred dollars per annum; one Supervisor of Fiscals, at four thousand dollars per annum; one Assistant Attorney-General, Philippines Constabulary, at three thousand five hundred dollars per annum; one Assistant Solicitor-General, at two thommnd five hundred dollars per annum; one Deputy Supervisor of Fiscals, at two thousand five hundred dollars per annum; one assistant lawyer, at two thousand four hundred dollars per annum; one assistant lawyer, at two thousand two hundred and fifty dollars per annum; two assistant lawyers, at one thousand eight hundred dollars per annum each; one assistant lawyer, at one thousand six hundred dollars per annum; one assistant lawyer, at one thousand four hundred dollars per annum; one clerk and translator, at two thousand four hundred dollars per annum; one disbursing officer, class _five; one translator, class six; six employees, class seven; two employees, class eight; one l'mployee, Class A; one employee, at eight hundred dollars per annum; two employees, Class D; one employee, Class G; one employee, Class J; one employee, at one hundred and eighty dollars per annum; one employee, at one hundred and twenty dollars per annum. 152 OFFICIAL GAZETTE Total for salaries and wages, three hundred and fifty thousand pesos. Transportation, Bureau of Justice, nineteen kundrcd and four: For the actual and necessary trave1ing expenses of judges, employees of courts, of the office of the Attorney-General, and of special employees traveling on official business; six thousand pesos. Contingent ea:pcmes, Burcati of Justice, nineteen hundred and four: For contingent expenses, including purchase of office furni· ture, supplies, and repairs; sheriffs' fees and per dicms; per diem nllowanees of four dollars for judges of the Courts of First Instance while absent from their districts on duty in :Manila; per diems provided by Aet Numbered Eight hundred and sixty-seven; pay for special l"mergeney interpreters or other C!mployees, under approval of the Secretary of Finance and Justice; nnd for other incidental expenses; sixtPen thousand pesos. In all, for the Bureau of Justice, three hundred nnd seventy-two thousand pesos. DEPARTMENT OF PUBLIC INSTRUCTION. BUREAU OF EDUCATION. Salaries and tcagcs, Bureau of Ed1ication, nineteen lmndred and four: Office of the General Superintendent: General SupC!rintendent, at six thousand dollars per annum; assistant to General Superintendent, nt two thousand four hundred dollars per annum; two clerks, class five; one clerk, class six; three clerks, class seven; six clerks, class eight; six clerks, class nine; one clei:k, class ten; one clerk, Class A; one clerk. Class D, at se\·en hundred dollars per annum; one clerk, Class E; one employee, at two hundred and ten dollars per annum; four employees, at one hundred and fifty dollars per annum each; seven employees, at one hundred and twenty dollars per annum each; two carpenters, at three hundrC!d dollars per annun1 each; wages of laborers handling supplies, not to exceed one thousand two hundred pesos. Offices of the dh·ision superintendents: Thirty-one division superintendents, not to exceed fifty-nine thousand three hundred and fifty pesos; ten clerks, class nine; seven clerks, Class A; fourteen clerks, Class D. General teaching force: Superintendent, Normal School, Manila, at three thousand dollars per annum; superintendent, Trade School, :Manila, at two thousand four hundred dollars per annum; three teachers, class fi\•e; eight teachers, class six; six teachers, class seven; fifty teachers, class eight, at one thousand five hundred dollars per annum each; eighty teachers, class eight; sixty teachers, class nine, at one thousand three hundred dollars per annum each; three hundred and fifty teachers, class nine; fifty teachers, clnss ten, at one thousand one hundred dollars per annum each; one hundred and sixty tt'!achers, class ten; one hundred tcachns, Class A; six teachers, Class C, at eight hundred dollars per annum each; twenty teachers, Class D; twenty teachers, Class E; twenty teachers, Class F; twenty teachers, Class G; twenty teachers, Class H; forty teachers, Class I; sixty teachers, Class J; sixteen teachers for the Tinguinn municipalities of Abra, at not exceeding six dollars per month each; sixteen teachers for the llocano pueblos of Abra, at not exceeding ten dollars per month each; thret'! hundred night-school teachers, at one dollar and fifty cents each per night, thirteen nights per month: Provided, That fifty of these teachers are assigned to towns where there is a special demand for night-school instruction and where an average at· tendnnce of twenty-five pupils shall be maintained. Otht'!r employees: Normal School, Manila, two employees at one hundred and eighty dollars per annum each, and six employees at one hundred and twenty dollars per annum; Trade School, Manila, two em· ployees at one hundred and twenty dollars per annum each; Nautical School, Manila, two employees at one hundred and eighty dollars per annum each; one mechanic, at three hundred and sixty dollars per annum. Total for salaries and wages, eight hundred and ninety-five thousand five hundred pesos. Trm1sporta.tion, Bureau of Education, ni11eteen lmn<fred a-nd four: For the actual and necessary traveling expenses of the Gen· crnl Superintendent, assistant to General Superintendent, division superintendents, and employees; for the actual and necessary traveling expenses of teachers from Manila to their respective stations a.n.d upon' transfer to new stations within the Archipelago when directed by the General Superintendent for the benefit of the Bureau; and for the actual and nccessnl)' traveling expC!nses, not including maintenance of teachers of English designated by their division superintendents to visit and instruct in barrio schools, since July first, nineteen hundrC!d and three; ten thousand four hundred pesos. Transportation, Bureau of Education, nineteen hundred and three: For actual and necessary traveling expenses, not including maintenance, of teachC!rs of English designated by their division stiperintendents to visit and instruct in barrio schools; four bun· drcd pesos. School furnit·ure and supplies, Bureau of Education, nineteen hundred and four: For the purchase of school hooks, furniture, and supplies, including cartage, packing, storage, and transportation of same; fifty thousand pesos. Contingent expenses, Bureau of Education, nineteen hundred and four: For contingent expenses, including compensation and expenses of the superior supervisory board; purchase of office furni· tu re and supplies; purchase of fuel, light, and water for girls' dormitory, Normal School, Manila, and of distilled water for Manila schools; for rent of Nautical School, of dormitory for girls attend· ing Normal School, of offices and storerooms for division superintendents, and of storeroom in Manila; for construction and equipment of girls' industrial school at Bua, Benguet; for purchase of clothing and bedding for Igorrotc pupils in boys' industrial train· ing school at Baguio, Ilenguet, and of material a.nd agricultural implements for said training school; for completion of Igorrote boys' industrial ll'aining school at .Bontoc; for preliminary expense in construction of Igorrote industrial school at Cervantes, Bontoc; equipment and supplies for cooking class in the Manila Trade School ; C!Stablishment of an industrial school for the Tinguianes in the Province of Abra, including machinery and tools for equip· ping same; incidental expenses; for medical attention to student.a in Manila Normal School, at twenty-five dollars per month: Provided, That payment hereunder may be made to a physician now in the civil service, the provisions of existing laws to the contrary notwithstanding. Total for contingent expenses, twenty-nine thousand seven hundred pesos. In all, for the Bureau of Education, nine hundred and eighty-six thousand pesos. BUREA.U OF PUBLIC PRINTING. Bal1Hies and wages, Bureau of Public Printing, nineteen hundred and four: Public Printer, at four thousand dollars per annum; superintendent of instruction, at three thousand dollars per annum; one craftsman instructor, class four; six craftsmen instructors, class fi\•e; one clerk, clnss six; six craftsmen instructors, class six; two clerks, class se"en; eighteen craftsmen instructors, class seven; one clerk, class eight; sixteen craftsmen instructors, cluss eight; one clerk, class nirn~; one craftsman instructor, class nine; one employee, class ten; four employees, Class A; one helper, Class A; one clerk, Class Il; one clerk, Class C; four watchmen, Class C; two employees, Class D; two clerks, Class H; one employPe, at one hundred and eighty dollars per annum; one employee, at one hundred and fifty dollars per annum; for salaries and wages of craftsmen, junior craftsmen, mechanics, helpers, OFFICIAL GAZETTE 153 laborers, and so forth, not to exceed thirty-four thousand pesos; for salaries nnd wages of apprentices, not to exceed three thousand six hundred pesos; total, one hundred and twenty-two thousand six hundred pesos. Contingent expenses, Bureau of Public Printing, nineteen hundred and fom·: For contingent expenses, including additional machinery, material, supplies, lithographing, rents, repairs to machinery, office supplies, horses, forage, telephone, filling, grading, and curbing northern half of lot; and other incidental expenses; sixty-eight thousand four hundred pesos. Contin9e11t cxpc11scs, Burcati of Public Printiiig, nineteen lmndrcd and three: For contingent expenses, including additional machinery, material, supplies, horses, forage; repairs, and other incidental expenses; seven thousand seven hundred and fifty pesos. In all, for the Bureau of Public Printing, one hundred and ninety-eight thousand seven hundred and fifty pesos, under the provisions of Act Numberrd Eight hundred and seven. DUIU:AU OF ARCIUVES. Salaries and u:agcs, U11rca1t of A rcltivcs, nineteen hundred a1ul four: Chief of Bureau, at threr thousand dollars per annum; one clerk, class se,·en; three clerks. class eight; one clerk, class ten; one clerk, Class A, fo~· three months only; three clerks, Class D; two clerks, Class F; two clerks, Class I-I; one clerk, Class I; two clerks, Class J; three employees. at one hundred and fifty dollars per annum c11eh; twelve thousand fh-e hundred pesos. Continge11t expenses, Bureau of .. trchircs, nineteen hundred and four: For contingent expenses, including the purchase of office furniture, typewrit<>r and supplies, and other incidental expenses; five hundred 1rnd fifty pesos. In all, for the Bureau of Archives, thirteen thousand and fifty pesos: Provided, 1hat the Bureau of Patents, Copyrights, and Trade-Marks shall be merged in the Bureau of Archives. Dl"REA'L' OF ARClllTECTl'l!E ANO CO:'\STllVCTION OF PUBLIC Dt:ILDINGS. SaWries and tcages, Bureau of Architecture and Cotwtruction of Public Buildings, nineteen hundred and four: Chief of Bureau, at four thousand dollars per annum; master builder, at two thousand two hundred and fifty dollars per annum; one superintendent of construction. class six; one clerk and electrical engineer, clnss six; one disbursing officer, class six; two clerks, class seven; one electrical engineer, class seYen, for four months only; five clerks, class eight; four clel'ks, class nine; two clerks, Class F; two clerks, Class G; one clerk, Class I; one employee, at two hundred and ten dollars per annum; one employee, at one hundred and fifty dollars per annum; twenty·eight thousand pesos. Public tcorks, Bureau of Architccllirc and Construction of Public Buildings, nineteen hundred and four: For alterations, maintenance, and repair of the following-named public buildings, not to exceed in cost the amounts set opposite the names of the respective buildings and bureaus: . Ayuntamiento Building: Renovating large sessions hall and rewiring chandeliers, seven hundred pesos; remodeling small sessions hall into office for Vice-Governor, one thousand pesos; clean· ing a.nd repainting ironwork on banisfRrs, four hundred pesos; total, two thousand one hundred pesos. Board of Health for the Philippine Islands: Ventilators and fire plugs at hospital for contagious diseases, five hundred and thirty pesos; grneral alterations and repairs, Snn Lazaro Hospital, one thousand pesos; total, one thousand five hundred .and thirty pesos. Bureau of Agriculture: For erection of barn and sheds for cattle, hvo thousand eight hundred pesos. Bureau of Architecture: New partition, shelving, and so forth, for office building, six hundred peso!!. 14423-3 Bureau of Coast Guard and Transportation: General alterations and repairs to office building, four hundred pesos. Bureau of Customs and Immigration: General alterations and repairs, including alterations of immigl'ation station, twelve thousand pesos. Bureau of Government Laboratories, Sernm Laboratory: General repairs, additional water piping to new stables, small animal house, and so forth, two thousand pesos. Bureau of Public Printing: General repairs and new roof, eight thousand pesos. Bureau of tire Insular Treasury: Brass grill work in cash room, one thousand two hundred dollars. Civil Sanitarium and other Government buildings, Baguio, Brnguet: Completion of barn, general repairs, construction, painting, and so forth, seventeen thousand pesos. Insular Col<l Storage and Ice Plant: Painting and repairing <leek houses, and general repairs, six hundred pesos. Intendencia Duilding: For new roof, eight thousand pesos. Oriente Hotel Duilding: General alterations and .repairs, fifty· nine thousand pesos. Philippine Civil Hospital: General alterations and repairs, one thousand pesos. • Santa Potendana Building: General alterations, repairs, and so forth, one thousand pesos. General alterations, repairs, and emergency work, twenty thousand pesos. Purchase of building supplies, tools, and so forth, twenty thou· sand pesos. Total for public works, one hundred and fi.fty·seven thousand two hundred and thirty pesos. Contingent expenses, Bureau of Architecture and Construction. of Public Buildings, nineteen hundred a11d four: For contingent expenses, including the purchase of drafting room and office supplies, furniture, ice, technical books, and water; rent of postoffice box and telephone; advertising, laundry, and other incidental expenses; two thousand two hundred pesos. In all, for the Bureau of Architecture and Construction of Pub· lie Buildings, one hundred and eighty-seven thousand four hundred and thirty pesos. AMERICAN CIRCULATING LIBRARY OF MANILA. Salaries and 1cages, American CircuWting Library of Ma.nila, nineteen huwfred and four: Librarian, at one thousand two hun· dred dollars per annum; assistant librarian, at nine hundred dollars per annum; two employees, at one hundred and twenty dollars per annum each; two thousand three hundred pesos. Contingent expenses, American CircuWting Library of Manila, nineteen hundred and four: For contingent expenses, including purchase of ice, coolie hire, rent of library building, eleetric lighting. water tax, and other incidental expenses, one thousand two hundred pesos. In all, for the American Circulating Library of Manila, three thousand five hundred pesos, under the provisions of Act Numbered Eight hundred and seven. THE OFFICIAL GAZETI'E. Salaries and wages, the Official Gazette, nineteen hundred and four: Editor, at one thousand eight hundred dollars per annum; one clerk, class eight; one clerk, Class C; two clerks, Class D; one clerk, Class I; four thousand six hundred pesos. Contingent cxpen.ses, the Of!icial Gazette, nineteen httndred and four: For contingent expenses, including purchase of office furniture and supplies; allowance to the Editor of not exceeding twenty pesos per month in lieu of earromata hire; and other incidental expenses; five hundred and twenty pesos. In all. for the Official Gazette, five thousand one hundred and twenty pesos. 154 OFFICIAL GAZETTE SUPERINTENDENT OF TllE INTENDEXCIA BL'ILDING. Salaries and ·1ragcs, s11pcrinfc11dcnl of the bilcndc11cia Building, ninetcc1t lmndrcd and four: Supel'illt('!ld<'nt, at two hundred and fifty dollars per annum; one janitor, at one hundred nncl eighty dollars per annum; eight laborer!;, at one hundred and fift.y dollus per annum rach; one thousand six hundred and thirty pesos. Contingent cxpen.~cs, s11pcrintendr11t of the lntc11dcncia Building, 11i11etcc1t hundred aml {0111·: For contingent l'Xpenses, inl·luc.ling purchase of supplies; clC'ctric lighting; minor rl'pnirs, and other incidental expensl's; three thon!:'and two hundred pesos. Jn 1111, for the superintendent of the lnt.endencia Building, four thousand eight hundred and thirty pesos. CUSTOIHAN OF TllE SANTA l'OTE:N"CIANA BtrILl>lN(l. Salaries a11d ·1ca-gcs, custodian of the Bania Potcnciana Building, nineteen h1rndrcd and four: One watthman, at se\·en hundred and eighty dollars per annum; one janitor, Cla!:iS D; ten laborers, at one hundred and twenty dollars per annum each; two thousand and sixty pesos. Contingent expc-11ses, custodia.n of the Santa Potc-11cia11(1. Jfoilding, niti.ctee1t hu11dred and fo111·: For contingent expenses, including the purchase of ice, water, and other supplies; construction of sidewalk and eurbing on Calles Victoria and Palacio; electric lighting, and other incidental expcnsrs; two thousand eight hundred pesos. In all, for the custodian of the Ranta PotenC"ian;.L Building, four thousand eight hundred and sixty pesos. PROVINCIAL GO\'ERNMl-:NT OF BJo:NGUET. Salaries 111id wages, pro11i11cial government of Be11guct, 11i11ctl'cn hundred and fou1·: Governor, nt one thousand six hundr<'d dollars per annum; secretary, at one thousand dollars per annum; one clerk, Class A; one clerk, Class I; one clerk, Class J; one laborer. nt sixty dollars per annum; messenger sen'ice, not to exceed one hundred and four pesos; and hire of laborers, not to exceed sixty pesos; one thousand pesos. Transportation, provincial government of Benguet, nineteen hundred and four: For the actual and necessary traveling expenses of officers and employees, and the transportation of supplies, four hundred pesos. Contingent expenses, provincial go·rc-rnme11t of Benguet, nineteen, hundred and four: For the purchase of office furniture and supplies; repairs to roads, bridges, and public buildings; court expenses; sanitary emergem·y fuml; subsistence of pupils in the industrial school; subsistence of prisoners; and other incidental expenses; four thousand peso.c;. In all, for the provincial government of Benguet, five thousand four hundred pesos. PROVINCIAL GOVERNME!'\T OF LEPANTO-RO:'.'<TOC. Salaries and wages, provincial government of Lcpanto-Bontoc, nineteen hundred and four: Governor, at two thousand four hundred dollars per annum; supervisor, at one thousirnd five hundred dollars per annum; secretary-treasurer, at one thousand four hundred dollars per annum; lieutenant-governor of Dontoc, at one thousand five hundred dollars per annum; lieutenant·govcrnor of Amburayan, at one thousand two hundred dollars pC'r annum; two clerks, class nine, one for three months only; one interpl'eter, Class D; two clerks, Class I; one translator, Class I; two interpreters, Class I; one deputy-treasurer, Class J, at two hundrC'd and eightyeight ilollars per annum; one deputy-heasurer, Cla8S .J; one clerk, Class K, at one hundred and eighty dollars per annum; two employees, at ninety-six dollars per unnum euch; one employee, at ninety dollars per annum; one emploree, at forty-eight dollars per annum; eleven thousand pesos. Transpo1·tation, provincial government of Lepanto-Bontoc, nine· teen hundred a11<f, four: For actual and necessary traveling expenses of officers and employees on official business, and for trans· portation of Government property, one thousand pesos. Contingent expenses, provincial government of Lcpanto-Bontoc, nineteen hundred and four: For contingent expenses, including purchnse of office furniture and supplies; building repairs; construction and repair>! of bridges, roads, and trails, not to exceed fhe thousand pesos; for a fund to be expended by the provincial governor under the pl'ovisions of Act Numbered Six hundred and eighty-two, not to excce<l eight humlred pesos; and oth<'r incidental expenses; twelve thousand pesos. In all, for the provincial government of Lcpanto-Ilontoc, twenty· four thousand prsos. PROVINCIAL GOVJo;Jt:'<MENT OF MINDORO. Ralaries and wages, and contingent expenses, pro11incial government of Mindoro, nineteen hundred and fuur: For salaries and wages and for general provincial expenses, including maintenance of and repairs to pl'ovincial steam launch, purchase of office supplies and stationery, blanks and blank books, sheriff's fees, subsist· ence of prisoner.'>, transportation of oflicers and supplies, maintenance and oprration of telephone system, and other incidental expenses; tweh·e thousand pesos: Provided, That the unexpended balance of funds appropriatc>d for the support of the provincial gO\·erument of -l\Iindoro for the first half of the fiscal year nineteen hundred and four shall be made antilable for expenditure for the whole of said fiscal year. PROVINCIAI, GOVERNMENT OF NL'EVA VIZCAYA. Nalaries a'l!d wages, prm,•incial 901;enune11t of iYueva Vizcaya, nineteen Jm11d1·ed and fo11r: Governor, at two thousand four bun· drc>d dollars per annum; secretary.treasurt>r, at one thousand two hundred dollars per annum; president of provincial board of health, at nine hundred dollars per annum; fiscal, at six hundred dollars pC>r annum; one dl'puty treasurer, class nine; one clerk, Class F; one clerk, Class G; one clerk, Class K, at one hundred and fifty dollars Jll'l" annum; ·one corral boss, Class E; one assistant corral boss, at one hundred and eight dollars per annum; one Igorrote intel'preter for Quiangan District, at eighty-four dollars per annum; one messenger, at seventy-two dollars per annum; one janitor, at sixty-six dollars per annum; seven hundred and fifty pesos. Contingent expe11ses, provincial government of Nueva Vizcaya, nineteen lotndred and four: For contingent expenses, including the purchase of forage and supplies; maintenance of high school, subsistence of prisoners, and so forth; construction and repairs of roads, including labor thereon; rents, and other incidental expenses; four thousand pesos. In all, for the pro\·incial government of Nueva Vizcaya, four thousand seven hundred and fifty pesos. OPIUM CO!>U.IITTEE. The sum of seven thousand pesos is hereby appropriated as an additional sum to carry out the prO\·isions of Act Numbered Eight hundred, as amended. COLLECTING LIBRARIAN. For the salary of the Collecting Librarian, as provided in Act Numbered Six hundred and eighty-eight, three thousand pesos. MISCELLANEOUS. The following sums, or so much thereof as may be found to be due on settlement of the respective claims by the Auditor, arc hereby appropriated for the purposes specified: For Strachan and l\:lacl\Iurray, for repairs to the launch Frankfort while the same was under the control of the Prnvince of Occidental Kegros, and bills for which have been rendered to 8aid pro\·inee, two thousand two hundred and forty pesos: Provided, That the Auditor shall require the provincial authorities of Occidental Ncgrns to deposit with the Treasurer of the Philippine Islands. to the credit of ":MisC"ellancou!:i receipts_." all earnings which have accrued to the province by reason of the use of Said launch. For Ciriaco Villamol', for reimbursement for a quantity of rice and other property which had become infected by cholera and was destroyed by order of the Commissioner of Public Health in the month of August. nineteen hundred and two, nine hundred and forty pesos. OFFICIAL GAZETTE 155 ---------------------------Insular salary and expense fund: Fo1· the payment of salaries and expcnsei;, of civil officers and employc<'S pl'operly clmrgt"nble to insular funds and not otherwise 1;pecifically 1n·o,·ided for, including half imluy and traveling expenses of employees from the United States to Manila, for expcnse11 <'Onnected wilh the deportation of convicted vagrant.., and for the payment to the N1tate1:1 of <let-cased employees of salnril's due inU'h l'Ulployccs for the l<'1n-es of absence to which they were t>ntitled at the time of their dt>aths, in accordance with the provisions of .-\et Numbered One thousand and forty, and such other t"Xp<'nses of like chnracll'r. payment of which shall be directed by the EX<><•uth'e OOiec, 1111d for the payment of rewords for in· formation leading to the capture and con\"iction of a member of a bond of brigands, and 80 forth, authol'i?.cd under the pro,·isions of Act Numbered 1"h·c hundr<'d and twenty-two, and for the disro\·cry and 1ue,·ention of crime, sixty thousand pesos; but no salary shall be pnid to any ollicer or employee for a pt"riod subse· quent to his arrirnl in iit1111ila from this appropriation when U1e Bu1-ean to which he may be UR8igncd has a vacancy from the appropriation for which he nmy be p1·operly paid, or the pro· vincial onice to which he may be 11sRignecl wu \"acant: Provided, '!'hot the Ch·il Go,·ernor may, in his clisc1·ction; commute two or more yelln>' accrued lean of ahscm.-e to persons entitled to vhiit the Cnitl'd States on such lea\"c, and auth01·b·.e the payment of the amount so accrued in n grnss sum from this appropriation. Total of appropl'iations for all purposes, eight million foul'teen thousand and ninety·eight pesos and se\"enty·se,·en centa,·os, Phil· ippine cmT<'m·y, 01· so much theroof as mny be necessary. SEC. 2. Th!' pro\"isions of the first p11r11grnph of section two of Act :Xumb<'l·cd Eight hundred and SC\"en, providing the manner in which withdrnwal of moncys appropriated in said Act shall be made, ar<' h!'rcby mudc upplicable to the withdrawal of moneys appl'opriated under this Act. Sa.:c. 3. Th<' public j.."'OOd requiring the speedy enactment of this appropriation bill, the pa1111agc of the sllme is hc1·chy expedited in llccorthrnce with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty·sixth. nineteen hundr<'d. SEC. 4. 'lllis Act shall take elfe<:t on its passage. Enacted, J.'ebruuy 11, 1904. [No. 1050.) AN ACT TO AUTHORIZE THE IS8l"Jo~ OF THREE lIILJ.ION DOLLARS OF CERTIFICATES OF INDJmTEDXESS t:N· DER AXD BY At:'TIIORITY OF SJ<~CTION SIX OF THE ACT OF CONGRE88 EXTITLED "AN ACT TO ESTAB· LISH A STANDARD OF VAIXE AND TO l'ROVIDE FOR A COIXAGE SYSTEll IN nm PHILIPPINE ISLANDS," APPROVED MARCH SECOXD, XIXETEE:S HUNDRED AND THREE, IN ADDITION TO THE SIX MILLIONS OF DOLLARS OF CERTIFICATES OF THE SAllE CHARACTER ALRl~ADY AL"TllORIZED UY ACTS NU:'IU\Jo;RED SIX HUNDRED AXD XINE'J'Y·RIX AXD SE\'EN HUNDRED AND NIXKI'Y·TWO, AXD APPROPUIATING THJ.~ SLM OF THREE :'lllLI.IOX ~\ND THIRTY THOUSAND DOLLARS, IX GOLD COIX OF Tirn t:NITF.D STATES, FRO:M Tim GOLD·STAXUARD FL"XD FOR THE PC.::RPOSE OF PAYIXG THE PRIXCIPAJ. AND nm I.AST QUARTERLY IXTEREST OF THI~ FIRST SEHIES OJ<' CERTIFICATES OF INDEllTEDXESS ISSUED PURSUANT TO THE PROVISIOX8 01<' SAID ACT Nl:llBERED SIX HUNDRED AND NIXETY-SIX. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION I. The Secretury of War is hereby authorized, on behalf of the Government of the Philippine Islands, tempornrily to issue certificates of ind<'htedness to the extent of three million dollars, in mon<'y of the Vnited St11.tes, bearing interest at a rate not to exceed four per centum annually, payable at periods of Uiree months or more, but not later than one year from date of issue, in denominations of one thousand dollars, in currency of the United States, and redeemable in gold coin of the United States, which certificates of indebtedness shall be disposed of by the Secretary of War at such favorable rate of interest or premium as he may be a.hie to secure, the prnceeds thereof to be deposited with the Guaranty Trust Company of New York, the authorized depository of the Government of the Philippine Islands, to the credit of the Treasury of the Philippine Islands. These certificates arc authorized by, and shall be issued in accordance with, section six of the Act of Congress approved March second, nineteen hundrc<l and tlll'cc, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," and the proceeds thereof are to be used as provided in said act .. The certificates issued hereunder shall state upon their face that they have been issued in accordance with the terms of sai<l section and by authority of this Act of the Philippine Commission, and U1at they are in addition to the issue of six millions of dollars of similar certificates issued under Acts Num· bered Six hundred and ninety·six and Seven hundred and ninetytwo of the Philippine Commission, enacted March twenty-third and June thirtieth, nineteen hundred and three, respectively. S.:c. 2. The Seereta1·y of War shall report to the Auditor and the 'freasucr of the Philippine Islands the amount of the eer· tifteatcs of indebtedness the issue of which is authorized in the previous section, which he shall issue under the authority thereof, the numbers and denominations thereof, the rate of interest to be 1mid thereon, the time when payable, the premium, if any, a.t which they were issued, and the total proceeds therefrom; and such facts shall be made a matter of record in the offices of the Auditor and the Treasurer of the Philippine Islands. The cer· tifieates to be issued unde'r this Act shall be numbered consecutively, the first certificate thereof bearing the number next after that of the last numbe1·cd certificate issued under Act Numbered Seven hundred and ninety·two. SEC. 3. Pursuant to the pro,·isions of section one of Act Numbered Nine hundred and thirty·cight, which declares "That whenever the public interest permits, there may be wiU1drawn from the gold-standard fund 1mch amount as the Philippine Govern· ment may deem proper to pay the principal and interest of all, or any part of, the certificates of indebtedness issued under section six of the said Act of Congress of March second, nineteen hundred and three," there is hereby appropriated from the gold·standard fund the sum of three million and thirty thousand dollars, gold coin of the United Stntes for the payment, in New York, upon maturity, of the principal and last quarterly interest of the first series of certificates of indebtedness, maturing May first, nineteen hundred and four, nnd issued pursuant to the provisions of section six of the Act of Congress approved March second, nineteen hundred and three, and Act Numbered Six hundred and ninety-six of the Philippine Commission. SEc. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 5. 'fhis Act shall take effect on its passage. Enacted, February I2, 1904. EXECUTIVE OUDER AND PUOCLAMATION, TI-rn GOVERN).IEXT 01" THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANILA, Pebruary JS, 1904. ExEc~1::~1~1toKR} Whenever it shall become necessary to transfer prisoners from p1·ovincial jails to Bilibid Prison, in accordance with the pro156 OFFICIAL GAZETTE visions of Executive Order Numbered Twenty, series of nineteen hundred and three, they shall be accompanied by the sheriff or deputy sheriff of the province, and the sheriff or deputy sheriff having such prisoners in charge will be held personally responsible for their safe conduct en route and final delivery, with all necessary papers in the case of each prisoner, to the Warden of Dilibid Prison. \\'hencver called upon, the Philippines Constabulary will supply the necessary guard, but the furnishing of this guard will not relieve the sheriff or deputy sheriff of his responsibility in connection with the prisoners. LUKE E. \VR!GIIT, Civil Governor. BY THE CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS-A PROCLA~IATION. Whereas the President of the United States did, on the eleventh day of February, issue the following proclamation: "BY THE PRESIDENT OF THE UNITED STATES OF AMERICA-A PROCLAMATION. . "Whereas a state of war unhappily exists between Japan on the one side and Russia on the other side; and "Whereas the United States are on terms of friendship and amity with both the contending powers and with the persons inhabiting their se,·eral dominions; and "Whereas there are citizens of the United States residing within the territories or dominions of each of the said belligere_nts and carrying on commerce, trade, or other business or pursuits therein protected by the faith of treaties; and "Whereas there are subjects of each of the said belligerents residing \Vithin the territory or jurisdiction of the United States and carrying on commerce, trade, or other business or pursuits therein; and "Whereas the laws of the United States, without interfering with the free expression of opinion and sympathy or with the open manufacture or sale of arms or munitions of war, nevertheless impose upon all persons who may be within their territory and jurisdiction the duty of an impa1·tial neutrality during the existence of the contest; and "Whereas it is the duty of a neutral government not to permit or suffer the making of its waters subservient to the purposes of war: "Now, therefore, I, Theodore Roosevelt, the President of the United States of America, in order to preserve the neutrality of the United States and of their citizens and of persons within their territory and jurisdiction and to enforce their laws, and in order that all persons being warned of the general tenor of the laws and treaties of the United States in this behalf and of the law of nations may thus he prevented from an unintentional violation of the same, do hereby declare and proclaim that by the act passed on the twentieth day of April, anno Domini eighteen hundred and eighteen, commonly known as the 'Neutrality Law,' the following acts arc forbidden to be done, under severe penalties, within the territory and jurisdiction of the United States, to wit: ·"One. Accepting and exercising a commission to serve either of the said belligerents by land or by sea against the other belligerent. "Two. Enlisting or entering into the service of either of the said belligerents as a soldier or as a marine or seaman on board of any vessel of war, letter of marque, or privateer. "Three. Hiring or retaining another person to enlist or enter himself in the service of either of the said belligerents as a soldier or as a marine or seaman on board of any vessel of war, letter of marque, or privateer. "Four. Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be enlisted as aforesaid. "Five. Hiring another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. "Six. Retaining another person to go beyond the limits of the United States with intent to be enlisted as aforesaid. "Seven. Retaining another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. (But said Act is not to be construed to extend to a citizen or subject of either belligerent who being transiently within the United States shall on board of any vessel of war which at the time of its arrival within the United States was fitted and equipped as such vessel of war enlist or enter himself or hire or retain another subject or citizen of the same belligerent who is transiently within the United States to enlist or enter himself to serve such belligerent on board such vessel of war if the United States shall then be at peace with such belligerent.) "Eight. Fitting out and arming or attempting to fit out and arm, or procure to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents. "Nine. Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid. "Ten. Increasing or augmenting or pl"OCUring to be increased or augmented, or knowingly being concerned in increasing or aug· menting, the force of any ship of war, cruiser, or other armed ,·essel which at the time of her arrival within the United States was a ship of war, cruiser, or armed vessel in the service of either of the said belligerents or belonging to the subjects of either by adding to the number of guns of such vessels or by changing those on board of her for guns of a larger caliber or by the addition thereto of any equipment solely applicable to war. "Eleven. Beginning or setting on foot or providing or preparing the means for any military eJr;pedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents. "And I do hereby further declare and proclaim that any frequenting and use of the waters within said territorial jurisdiction of the United States by the armed vessels of either belligerent, whether public ships or prh·ateers, for the purpose of preparing for hostile operations or as posts of observations upon the ships of war or privateers or merchant vessels of the other belligerent lying within or being about to enter the jurisdiction of the United States, must be regarded as unfriendly and offensive and in violation of that neutrality which it is the determination of this Government to observe; and to the end that the hazard and inconvenience of such apprehended practices may be avoided I further proclaim and declare that from and after the fifteenth day of February instant and during the continuance of the present hostilities between Japan and Russia, no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, rOadstead, or waters subject to the jurisdiction of the United States from which a vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the jurisdiction of the United States. If any ship of war or privateer of either belligerent shall after the time this notification takes effect enter any port, harbor, roadstead, or waters of the United States, such vessel shall be required to depart and put to sea within twenty-four hours after her entrance into sueh port, harbor, roadstead, or waters, except in case of stress of weather or of her requiring provisions or things necessary for the subsistenee of her crew or for repairs, in either of which eases the authorities of the port or of the nearest port (as the case may be) shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel which may have been OFFICIAL GAZETTE 157 permitted to remain within the waters of the United States for the purpose of repair shall continue within such port, harbor, roadstead, or waters for a longer period than twenty-four hours after her necessary repairs shall have been completed, unless within such twenty-four hours a vessel, whether ship of war, privateer, or merchant ship of the other belligerent shall have departed therefrom, in which case the time limited for the departure of such ship of war or privateer shall be extended so far as may be necessary to secure an interval of not less than twenty· four hours between such departure and that of any ship of war, privateer, or merchant ship of the other belligerent which may have previously quit the same port, harbor, roadstead, or waters. "No ship of war or privateer of either belligerent shall be detained in any port, hnrb01·, roadstead, or waters of the United States more than twenty-four hours by reason of the successive departures from such port, harbor, roadstead, or waters of more than one vessel of the other belligerent, but if there be several vessels of each or either of the two belligerents in the same port, harbor, roadstead, or waters the order of their departure therefrom shall be so arranged as to afford opportunity of leaving alternately to the vessels of the respective belligerents and to eau:ie the least detention consistent with the objects of this proclamation. "No ship of war or privateer of either belligerent shall be permitted while in any port, harbor, roadstead, or waters within the jurisdiction of the United States to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew and except so much coal only as may be sufficient to carry such vessel, if without any sail power, to the nearest port of her own country, or, in case the vessel is rigged to go under ·sail and may also be propelled by steam power, then with half the quantity of coal which she would be entitled to receive if dependent upon steam alone, and no coal shall be again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead, or waters of the United States without special permission until after the expiration of three months from the time when such coal may have been last supplied to her within the waters of the United States, unless such ship of war or privateer shall since last thus supplied have entered a port of the Government to which she belongs. "And I further declare and proclaim that by the first article of the convention as to the rights of neutrals at sea which was concluded between the United States of America and His Majesty the Emperor of all the Russias on the twenty-second day of July, anno Domini eighteen hundred and fifty-four, the following principles were recognized as permanent and immutable, to wit: "'One. That free ships make free goods, that is to say, that the effects or goods belonging to subjects or citizens of a power or State at war are free from capture and confiscation when found on board neutral vessels, with the exception of articles contraband of war. · " 'Two. That the properly of neutrals on board an enemy's vessel is not subject to confiscation unless the same be contraband of war.' "And I do further declare and proclaim that the statutes of the United States and the law of nations alike require that no person within the territory and jurisdiction of the United States shall take part, directly or indirectly, in the said war, but sha.11 remain at peace with each of the said belligerents and shall maintain a strict and impartial neutrality, and that whatever privileges shall be accorded to one belligerent within the ports of the United States shall be in like manner accorded to the other. "And I do hereby enjoin all the good citizens of the United States and all persons residing or being within the territory or jurisdiction of the Pnited States to observe the laws thereof and to commit no act contrary to the provisions of the said statutes or in violation of the laws of nations in that behalf. "And I do hereby warn all citizens of the United States and all persons residing or being within their territory or jurisdiction that while the free and full expression of sympathies in public and private is not restricted by the laws of the United States, military forces in aid of either belligerent can not lawfully be originated or organized within their jurisdiction, and thitt while all persons may lawfully and without restriction by reason of the aforesaid state of war manufacture and sell within the United States anus and munitions of war and other articles ordinarily known as 'contraband of war,' yet they can not carry such articles upon the high seas for the use or service of either belligerent, nor can they transport soldiers and officers of either, or attempt to break any blockade which may be lawfully established and maintained during the war without incurring the risk of hostile capture and the penalties denounced by the laws of nations in that behalf. "And I do hereby give notice that all citizens of the United States and others who may claim the protection of this Govern· mcnt who may misconduct themselves in the premises will do so at their peril and that they can in no wise obtain any protection from the Government of the United States against the consequences of their misconduct. "In witness whereof I have hflreunto set my hand and caused the seal of the United States to be affixed. "Done at the city of Washington this elev~nth day of February, in the year of our Lord one thousand nine hundred and four and the independence of the United States the one hundred and twenty-eighth. "THEODORE Roos11:vELT. "By the President: "Jouf!( HAY, Secretary of State." Now, therefore, I, Luke E. Wright, Civil Governor of the Philippine Islands, do gh·e publicity to said proclamation and enjoin the strict observance of its provisions upon all citizens of the Philippine Islands, and other persons residing or being therein. In testimony whereof I have hereunto set my hand and caused the seal of the Government of the Philippine Islands to be affixed. Done at the city of Manila this sixteenth day of February, in the year of our Lord one thousand nine hundred and four. LUKE E. WRIGHT. By the Civil Governor: A. \V. FERGUSSON, Executive Becl'etary. UECISIONS OF THI~ SUPUEME COUUT. [:\"o. 981. October23, 1903.) THE CYITED STATES, compla-inant aJJd appellee, tis. E/l!ILIAKO CAJA l'O.V ET AL., <lefemlanls and oppcllants. l. CIUMISAL LAW; l'tl!:ltDER; EVWENCE.-Proof thnt the 1lefcndants took the deccasl'd from his house, llound him and were seen conducting him toward n place Whl're his remains were ufterw11rdsdiscO\"Crcd, lssufficil•nt to sustain 11 com·fr-tion for the crime of murder. 2. Io.; CRlllIES CO)D!ITTEll IN TBF: <'OCl\Sf: OF llERELl.I0).1.-The fnet thut the 1u•cuscd were members of the insurgent forces docs not 11.flect their guilt with respect to common crimes committed by them during the insurrection but not rcloted thereto. 3. IJJ.-The decision of the trial court will not be rever:sed on nccount of defects in the complaint which have not been taken adnmtage of by the defense either in the trinl court or on appeal. 4. Io.; A:ll:SESTY.-In the nbsencl' of proof that the crime committed wnsof a polltlc11\ charnctcr or grew out oi political feuds or hatred, 11 motion for amnesty under the proclamation of July 4. 1902, will be denied. Cooper, J., dissenting: •s. Ill.; INFOIOIATION: R~:QUl~ITES.-Thc complaint or informll.tion should show t11e nets or omissions complained of ns constituting the crime or public offense in ordinary and concise language. u11d where the churge in the complaint is th11t the <lefcndant:s seized the dc<•cn.•cd and carried him off and thnt his body WftS uflcrwards found, without charging thut the defendants did actually kill the dcccfL~ed. i~ not sumcicnt to (•hnrge murder or homicide. 6. In.; ID.; Ql:Al.IFlrATl\'E ClllCl'~ISfASCE.~ SHOULD DJ:: PLEADED.-Whcre the eomplnint fails to chnrge that the offense wn:; committed with akrosfa or premeditation and fnil~ to charge 11ny otlwr of the qualifying circumshmc{'s •Heudnotes by Mr. Justice Cooper. 158 OFFICIAL GAZETTE mentioned in orlicles 402 and 403, Pcnul Code, there can be no conviction under such for murder. 7. Iu.; Ill. 0J!.1ECTIONS, WHE:-i TO e•: :.lAOF..-Objcctiou~ to ti complaint which fllil to cl11J.rgc nny offense, or which foil to C'hnrgc a circumstance qualif}'ing the offense, moy be made either on appeal in this court or by demurrer in the Court of First Instance, or may be mh;cd by either court ou its own motion. APPEAL from a judgment of the Court of First Instance of Cavite. The facts are given in the opinion of the court. Jost DEL CASTILLO, for appellants. 8olicitor-General AnA:-11:.IA, for appellee. To1m..:s, J.: lletween 11 and 12 o'clock at night on the 21st of March, 1901, some eleven men, armed with guns and bolos, assaullcd the house of Dofia Ana :Muriel in the town of Lubung, Cavite Prnvincc, and stole jewelry, elothing. documents, and some $1:.W in e11sh. After ha,·ing bound Trunquilino Torres, who lived in that house, the 11ss11ilant..s look him with them to the barrio of l\Ialiig, ne11r tlw house of Pedro Villaflorcs. where they killed him and buried him in u hole dug for that purpose. About five or six days afterwards notices were posted in different parts of the town and on the door of the house which had been as:..;aultcd, stating that in the banio mentioned the body of Trunquilino ToHcs could be found, disinterred and devoured by the dogs. Upon this, the municipal president, Toribio Aguilar, accompanied by his ussistnnts and some of the townspeople, ineluding l\Ianuel Torres, the son of the dead man, went to the pince designated. A skull, 11 number of bones, and other human remains were found scattered about near a gnn·e, togC>ti1er with some clothing. a hat, and a piC>ce of rnpc about 3 yards in IC>ngth. The ,,;on of the deceased and Gumersindo Abeleda and )larim1o Tularino, inhabitants of the town, idC>ulified the clothing and hat as those worn by the deceased in his lifC>timc. His son furthermore stated that his father had lost a tooth from the upper jaw, and a similar defect wus obsernd in the skull found. The conelusion was !'cached by all that thC'se human remains were those of Tranquilino Torl'es. The Yiolent killing of a human being with the prl'scncc of any of the fiye qualilicatiYC' drcumstances enumernt<>d in article 403 of the Penal Code constitutes the crime of mmdcr, punishable by penalties ranging from cadcna. temporal in its maximum grade to <lea th. The facts above related with respect to lhe killing of Tranquilino Torre!:i in the barrio of l\faliig, town of Lubang, on the night of the 21st of :March, 1901, which are fully C>stablishcd by the testimony of C'yewilnes!:ies and hy t·ircumstuntial t•\'i(h•nec, constitute the crime of murdC'r because of the presence in its C'onunission of the qualificath'c dr('umstancc of alcrosfa.. ThC' dC'<"C'ased was bound elbow to elbow and was carried away by some tw(•ln• mal<'f:u·lors. um! while unarmed and in such a situation that it was impossible for him to defend himHclf agaim;t his assailants was killed hr them. This being so, the latter in committing the <·rime availed themsclYes of means which unquestionably dirC>ctly and sprcially tended to insure its consummation without any risk to themsckes arising from an altC>mpt at defense on the part of the deceased. Although the information charges the defendants with only the (')'illle of murder, the C\'idencc adcluccd at the trial also shows that befon• the pcrpetrntion of this crime, the dC>fendants had committed the cl'illlc of robbery in the house from which the deceased wa!:i taken. The facts shown by the evidence might thcr('ful'e have been dassifiC'd a,,; constituting the double erime of robbery in a band and murder. I-luwc\'cr, lillliting oursC>lYes to Lhc latter, \\·hich is all the complaint chargC'S, we reach the C'Oll<'lusion that the e\·i· d('JM' is such as to establish beyond doubt the guilt of the df'fcndunls Emiliano Cajayon, Felix Aguilar, Domingo Castillo, (~uintin de Lemos, Tomas Ramirez, Pioquinto Cajayon. Gregorio Trin. Candido Aguilar. and )fariano Aguilar, as principals, to· grther with otlwr 1wrso~s unknown, of the c·rime of tlw murder in question. The complaining witness, Ana .Muriel, designated Felix Aguilar. Emiliano Cajayon, Quintin de Lemos, Tomas Ramirez, and Candido Aguilar as the malefactors who, with two other persons un· known, entered her house on the night in qurstion. stole jcwC>\ry and monry therefrom, and carded off with them Trnnquilino Torres. She stated that she had known these five men designated by her befol'e the night in question and that she recognized them when they struck a light. At the same time she observed that three of them had guns and that the others cal'l'ied revolvers. The witnesses Gumersindo Abelcda, Antonio Orayani, Marinno Tularino, Tomas Sanchez, and Cornelio Tamayosa, inhabitants of the town, some of whom lived in houses close to the one in which the robbery was committed, COl'l'Oborated this statement, saying that the!'<' was a disturbance in the town because of the assault on the hou!:ie of Ana .Muriel. The witness Abeleda added thut as he was ut that time justice of the pC>ace, he went with the president to the house whe1;e the occurrence had taken place and was there infol'med that Emiliano Cajayon, Quintin de Lemos, Gregorio Tria, Pioquinto Cnjayon, and Tomus Ramirez were among the assailants. This witness also stale!:i that he was present when the remains and clothing of Tra1u1uilino Torres were found, and that he belie\'e!:i the woman Muriel had some jewelry and money. The witness Antonio Orayani also stated that he knew Candido Aguilur, Emiliano Cajayon, Domingo Castillo, and one Puntenople were with the robbers. Simeon Villaluz, 1mother neighbor, testified that he saw the mulefactors from the window of his house and that among them he recognized Emiliano Cajayon, Quintin de Lemos, and Candido Aguilar. He slatC>d that these, accompanied by some others, entered the house in quc!:ition, which was about 8 yards distant from that of the witnPss. and that the others, whom he did not recognize, stationed themselves around the outside of the building. )lariano Tularino, who li\'ed in :mothC'r house about i5 yards distant from the one nssaultetl. states that among the 10 or 12 malC'fuctol's hf' nlso rccogniz<•d Emiliano Cajayon, Gregorio Tria, and Pioquinto Uajayon. Toma!:i Sanchez, another neighbor who witnes!:ie<l the assault from his housC', testified to having rc<"ognized nmong the nmlefactors Emiliano Cajayon, Candido Agnil11r, Do· mingo Castillo, FC"lix Aguilar, Pioquinto Cajayon. Juan Sales, and 01w Pnnt('noplc, and that tlwy upon l('a~·ing the house, with other persons unkown to him, carried with them Trunquilino Torres, who was bound at the time. The witness Cornelio Tamn:msa stal<'s that on the night of the oceunence while he was returning to the town of Lubang from the barrio of Vigo he met a numb('!· of al'med malefactors on the road in the banio of i\laliig. He silys tlui.t they were c.ul'ying with them Tmnquilino Torres, who was bound, and testifies that among tll('se malefactors he recognized :;.\fariano Aguilar, Emiliano Cajayon, Felix Aguilar, Tomas Ramirez, Juan Sales, and the men called Andres, Teodoro, and Panti.'llople. The witness snid that he subsequent!~, heard about the robLer~· 'and the reco\'ery of the remains of Tranquilino Torres. Pedro Villaflores, an inhabitant of :Maliig, near whose house the remains were found, said that one night he saw in the vicinity of his house Emiliano Cajayon, Felix Aguilar, Quintin de Lf'mos, Candido Aguilar, and Toma!:i Ramirez and some other men, armed with rifles and bolos. i\lanuel Torres, the son of the deceased, states that he was in the house of Nazaria Villagracia when he heard the voice of his father eulling to him from the street through which he was passing, conduetPd by se\·· eral anned men, but that he did not lea.Ye the housp, as he wus afraid. Ile testified that this Wll!:i the lust time he saw his parent, and that about five days afterwards human rl'nmins l\\'('l'C found together with clothing and a hat which he recognized as being his father's, and that he was able to identify the skull because one of the teeth was missing. He stated further that Pedro :l\falabanan, Pedro Torredisa, Juan \"illamal', and Tomas SanC'hez had told him that his father had been khlnaped by the nmlefactors. It appears, therefore, that tht> e\"idence in the record fully establishes the fact that on the night of i\lareh 21, 1901, Tran· OFFICIAL GAZETTE 159 quilino Torres was taken from the house in which he lived in the town of Lnhang by a band of ten or twC'lvc arm<'d malefactors; that tlu·y tied him elbow to elbow and carrird him away. several credible witnesses having seen him carried from the house in this condition and through the streets of the town toward the barrio of ::\Ialiig, where they were also seen by the witness Tamayosa who was at that time returning to the town; that at the cxpira· tion of five or six days it was learned from placards which had been por.ted at various places in the town, including the house where th<> witness had !ind, that in the barrio of Maliig a disintt"rrcd body, devoured by the dogs, might he found; that a num· her of the inhabitants who had known Torres in his lifetime, and also his son, Manuel Torres, recognized the clothing and the hat found, togetlier with a piece of rnpc, near the hole in which the body had been buried, as hnYing belonged to the deceased; that his son wns also nble to identify the remains as his father's owing to the fact that one tooth was missing from the upper jaw of the skull found, and that since that time the said Tranquilino Torres has not returned to the house of Ann. Muriel and has not since been seen in the town of Lubang. Upon this eYidencc we reach the conclusion that Tranquilino Torres was murdered on the night of 1\fiuch 21, 1901, whC'n he was kidnaped by the nine dcf<>ndnnts above named, in the house of Ana Muriel; and that they, notwithstanding their denial, together with other persons still at largl', were unqu<'stionably guilty of the murder, because five or six days after they had kid· naped the dee<"ased his remains were fotmd in the barrio where he had b<"l'n Sel'n in thC'ir custody. Another fact which indic11tes the guilt of the dC'fPndants is that Candido Aguilar, Domingo Castillo, )fariano .A.guilar, Quintin de Lemos, Gregorio Tria, nnd Emiliano Clijayon lived in the barrio of Tilig, which was about four hours' W<llk from the town of Lubang and far beyond the barrio of :Maliig, through which the road from Lubang to Tilig passes, and that, nevertheless, between 3 and 4 o'clock in the morn· ing of the day following the occurrence, these defendants, according to the statements of Candido Aguilar and Domingo Castillo, were aroused by the excitement among the people of the barrio caused by the robbery in question and the kidnaping of the de· ceased. These defendants state that when they left their house they met Quintin de Lemos, Gregorio Tria, Emiliano Cajayon, Mariano Aguilar, and several others in the street discussing the occurrence. It is incredible that in the ordinary course of events this news should haYe been known so soon in the barrio, and it is inexplicable how it could haYe spread so rapidly to that distant barrio unless we infer that the defendants, who gathered together in the street for the purpose of talking, as they say, about the crime, had just arrived in the barrio from l\Ialiig where Tranquilino Torres had been murdered by them. It is unquestionable that they all took part in the capture of the deceased and in his conveyance to the barrio of ).faliig and to the place where the murder was committed. Although it docs not appear which of the defendants actually killed the deceased, until the contrary shall be made to appear it must be held that each and every one of t))('m pl'rformcd nets tending to bring about the consummation of the crime; that is, in the absence of evidence showing that one or more of them did not aid in the commission of the crime, it must be presumed that all were implicated in its execution, as it was for this purpose that Torres was kidnapcd; and his captors therefore all contributed and conspired to effect their common object, the death of the deceased. It does not appear from the recor~ that t~ defendants made any attempt to prove their innocence or to impugn the Yeracity of the witnesses for the prosecution. These witnesses testified in the presence of the defendants and identified them at the trial without any protest on the part of the latter. The provisions of article ~44 of the Penal Code were erroneously applied hy the court below in this case. The rebellion of the inhabitants of the Island of Lubnng agninst the Spanish Government l'esulted in the expulsion of the Spanish officials from the island and the establishment by the inhabitants of a local gov· crnment therein, and although the nine defendants were in fact at the time members of the insurrectionary forces it is, ne\·erthelcss, certain that at the time of the murder the island was gm·ern('(l by insurrectionary authorities. Although the aceused, therefore, were J'e\'o\utionists, Emilio Cajayon with the rank of captain, some of the others with that of lieutenant, and the others being merely soldiers, the fact re>mains that they committed the crime, not on the occasion of any act of rebellion or sedition, but independently. On the night in question they pcl'formcd no act of a political charnctcr, and thel'cfore article 244 of the Penal Code can not be applied. In the commission of this crime we must consider present the aggnH"ating circumstance of nocturnity, established by paragraph 15_. article 10 of the Penal Code, the defendants having availed themselves of the darkness of night for the consummation of the crime. This circumstance is, however, offset as to its effects by the special mitigating circumstance established in article 11 of the Code. In consideration of the character of the crime and the personal stiltus of the deceased and of his assail· nnts, and more especially in ~onsicleration of the abnormal condi· tions then prevailing in the town of Lubang, there being no lawfully constituted authorities there at that time, the penalty prescribed in article 403 of the Code should be imposed upon the nine convicted defendants in its medium grade. This decision will not affect the two dcfcndnnts who were acquitted by the coul't below, no appeal having been taken against the judgment of acquittal. In the information upon which the prosecution is based some dC'ficicncy is to be observed in the statement of the facts consti· tuting the crime of murder with which the defendants were charged, and on this account the Solicitor-General asks that the proceedings be set aside, tlmt the judgment be reversed, and that the court direct the filing of a new information for the crime of mmdcr, the commission of which is disclosed by the evidence. No objection was made to the information by the defendants or by their attorney, either in the court below or in this court. They failed to register any exception or protest on the ground of the nullity of the informntion or of the trial, nor has any appli· cation bC'cn made for a new trial because of such deficiency. For this reason, in view of the result of the proceedings, and in view of the fact that the offense charged has been properly defined and designated in the information in question, the petition of the Solicitor-General must be denied. With respect to the motion of eight of the defendants that they be gh'en the benefits of the amnesty proclamation of July 4 last, inasmuch as it does not appear from the record that the murder hel'ein prnsecuted is of a political character or that it was committed for political motives or in consequence of feuds or hatred of a politiC'al character between the deceased and the accused, we are of the opinion that there is no ground upon which the defendants can be gi\'en the benefits of the proclamation referred to. For the reasons stated we are, therefore, of the opinion that the judgment of the com·t below elated July 12, 1902, must be reversed in so far as the defendants Felix Aguilar, Domingo Castillo, Quintin de Lemos. Pioquinto Cajayon, Tomas Ramirez, Gregorio Tria, Candido Aguilar, and Mariano Aguilar are condemned to twelve years of cadena temporal, reserving to the family of th(' deceased their action against the defendants for damages. The motion of the Solicitor-General is denied, as is also that of the defendants that they be gi\'en the benefit of the amnesty proclamation of July 4, 1902. We accordingly condemn each of the eight defendants named, as well as Emiliano Cajayon, to the penalty of life imprisonment, with the accessories of civil interdiction nnd subjection to the Yigilance of the authorities during the period of their respective liYes. In case of the pardon of the principal penalty, they shall suffer absolute, perpetual dis160 OFFICIAL GAZETTE qualification and snhjcdion to the vigilan('e of the authorities during the remaind<>r of their Ji\-es, unless these accessory penalties shall be spcdall~, remitted in the pardon of the principal pcnnlly. The dcfendanb; are also eond<'mned to the payment, 71ro rala or in solid11m, of 1,000 insular pl'sOs to the heirs of the deceased. and <'<lch to the paymPnt of one-thirteenth part of the <·osts of both instances. The case will be remanded to the com:t below, with a copy of this decision. for its CX<'cution. Ar<>lluno, C. ,J., \\'illanl, and ::\hlpn, JJ .. CooPER, J., dissenting: . The Solicitor-Grn<>rnl in his brief requests the annulment of the juclgment of the Comt of Fil"st Instance and asks that the case be r<'mandcd to the lower court, with instructions that the court direct the presrntntion of a new complaint for the crime of ascsinato or murder. He is of opinion that the complaint upon which the defendants have been conYicted is insufficient to sustain a conviction for this offense. In this view I concur. Thc complaint reads as follows : "The umlcrsigned chnrgC!s Emilinno Cajayon, Candido Aguilar, Felix Aguilar, Mariano Aguilar, Domingo Castillo, Pioquinto Cajayon, Quintin de Leinos, Tomas Ramirez, and Gregorio Tria, of the town of Salinas and Pantenople of the Province of Batangas, of the crime of murder, committed as follows: ''Thnt the said Emiliano Cajayon and his companions above namrd armed with guns, on the night of the 21st of March, 1901, in t11e town of Lubang, of this province, entered the house of Doi'ia Ann i\luriel, seized Tranquilino Torres, and, after lmving tied his hands, carried him toward the beach; four days later the remains of the body of Tranquilino Torres were found on the snid beach; this against the statute in the case made and providrd." The complaint does not comply with the requirements of section 6 of General Orders, No. 58. In defining the requisites of a complaint or information, it is providcd in paragraph 3 that "the complaint should show the acts or omissions complained of as constituting the crime or public offense in ordinary and concise language." It does not appear from the complaint that the defendants did unything more than to seize and carry off the deceased, and that his body was afterwards found. This would not constitutc the offense of murder. While thrrr may be a strong inference from the circumstances set forth in the indictment that the defendants did actually kill the deceased, yet the complaint wholly fails to state this most important element. It is to be further observed that the complaint does not state that the offense was committed with alcvosfa or with premeditation. Thesr arc qualifying circumstances of the offrnse of murder and haYe the effect of raising ordinary homicide to that of murdrr. Had it been directly alleged in the complaint that the defendants killed the deceased, this would not constitute murder in the absence of the qualifying circumstance either of alevos!a or premeditation. Article 404, Penal Code, provides that he who shall kill another without thc attendance of these circumstances is guilty of homicide and is punishable with the penalty of rcclusiOn temporal, undrn which the highest penalty that can be assessed is twenty ~·cars of reclusi6n temporal. The court in its decision has not only held the complaint sufficient to show a killing by inference, but entirely ignores the omission to state that the killing was with premeditation or alevos{a. The defendants have been found guilty not only of the killing of the deceased but of its having been done with alevos!a, and the penalty of life imprisonment has been assessed-the penalty fixed hy article 403 for the crime of murder. It is immaterial in my opinion whether there was an objection or demurrer mnde to the complaint in the lower court or whether objections lmve been made in this court. The complaint is fatally defective. It must be further taken into consideration that the court has imposed a different and a higher penalty upon all of the defend· ants except Emiliano Cajayon thnn that .imposed by the sentence of the Court of First Instance. The sentence of the lower court upon nil of the defrndants except Cajayon was for a period of tweh·e years, while under the decision now made these defendants nre sentenced to imprisonment for life. At least to the exlcnt of the additional penalty which has been imposed by this sentencc bryond that imposed by the judgment of the lower court, the defondants have had no opportunity t? make objrction to the complaint, For the reasons above stated the judgment should btl reversed. McDmrnuou, J.: I dissent. I think that Lhe judgment of the court below should be aflirmed. J11dgme11t modified. PHILIPPINE CIVIL SERVICE. EX,\~11:"\ATIO ... l"Olt llOSPITAL ATTEXDANT. The Chi! SC'rdcC' Doan! announces an examination on March 7 for thr po,,;ition of attendant in the Philippine Civil Hospital; t•ntrance salar,\', $600 prr annum, with board and quarters. 'Llw suhjC'cts and weights of the C'Xamination will be as follows: 8l'eoncl-gradC' examination ... Practical q11C'stions ..... . Experience and training ... Total. Weights. 25 40 35 100 Fnrthcr information and the necessary application blank may hr obtain<'d at the oflicc of thc Civil Service Board, Intendeneia Huihling, \\"ailed City, .Manila. February 11, 1904. APPOINTMENTS. By the Honorable Civil Governor. PlIILIPPINES CONSTABULARY, Rush P. Wheat, superintendent of the telegraph division, January 7, 1904. Provinces. Dr. Ricardo Perramon, president of the provincial board of health, January 22. BULACAN. Hcrmogcnes Reyes, provincial fiscal, January 16. NUEVA VIZCAYA. Dr. Jose Lugay, president of the provincial board of health, January 22. By the Philippine Civil Service Board. Executive DepMtment. EXECUTIVE DUBEAU. Harry E. Laughlin, clerk, January I, $1,400; transfer from Bureau of Education. Leopold Reeder, clerk, December 24, 1903, $1,200; probational appointment. Steve Ganson, clerk, January 11, $1,200; probational appointment. OFFICIAL GAZETTE 161 Herbert F. Bridgf's, clerk, January Hi, $1,200: probational appointment. HUREAU OF TllE IXSt:LA!t Pt;RCllASIXG AGENT. D. B. McDonuld, cl<'rk, January 8, $i,050; n•instatf'nwnt. Petcl' Pascual, teamster, January 12, $fl00: promotion from $840. Guss Linmal'k, teamster, January 13, $8-10; probational appointment. Patrick Siney, teamster, Januar}' 13, $720; probational appointment. James F. Shaw, watchman, ,January l-1. $720: probational appointment. \\'alter Nooning· Will, clC'rk, January 9, $1.200: probatimml appointment. James J. Wingo. watchman, December 14. HJO:J, $720; proba· tional appointment. DIPRO\'EMEN'.l' OF THE PORT OF MANILA. P. U. Libby, rodman, January 11, $900; probational otppoint· ment. Roque Suzarn, launch engineer, Januar:.· I8. $:JOO; probational appointment. Leam!C'r \\-_ Strawn, clerk. J;mtrnry 18, $1,000: prnbntional ap· pointment. Department of tltc Interior. BUREAU OF PUBLIC HEALTH. H. I-I. )lcMullen, veterinary smg<'on, ,Tanuary 11, $1,600; transfer from Bu~·eau of Government Laboratories. )faude G. :Murrin, nm·sp, .Januarr 5, $900; prnbutional appoint· ment. Dr. Henr:.• W. Eliot, medical inspC'ctor, ,January 5, $2,000; probational appointment. Cayetano Olba, municipal pharnmcist. .January l!l, $!lOO: probational appointment. ncwll'tmcnt o{ Commerce und Polic1'. llCIU:.At: OJ<' l'OSTS. D1•xtf'r L. lfaseltine. clerk. January 12. $!JOO; prnbational uppointmcnt. l'. E. Thrall, dcrk, January 10, $1,400; transfer from postmaster at Legaspi, Albny. Virgil C. Puckett, steamboat postal clerk .• fonuury 12, $1.000; transfrr from clerk, class !J, Bureau of Philippines Constabulary. l'l't1•r Addison, railway postal clerk, January 1, $1,200; promotion from class 10. Alfonso llarC'elo. l'il'rk, Jununry 6, $300; probational appointJll('l\t. Cn•gorio )I. Granados, clerk, J;tnmny 16. $:JOO; probational nppointnwnt. ,Josi• T. Hamm<, eh•rk. January II. $300; probational appointnwnL ~\nucl<'lo }[NHioza. cll'rk. Jnnuary 19, $300; probational ap· pointmcnt. Hilario :\I. :\Jolina. l'i<'rk. ,Jnnuary 16. $300; probational appointmf'nt. .Juan Pilan•s. elerk, January lfl. $:JOO; probational appointment. Eulogio Hevilln. C'!C'rk. ,January 19. $300; probational appointlllC'nt. Antonio Zalnzar. clerk. January 14. $300; probational appoint· ment. ,Jo;;;e Ve,cdor, derk. Jnnunry 1:1, $:300; probational appointment. lll'IU-:Al' o~· l'IIll.IPl'INES CONSTADIJLARY. William K. Bh•ssing. clerk, .January 1, $1,000; promotion from Class • .\. \rillinm E. Bowl<'s. cl<'rk. January I. $900; probational appointment. Hugh 1\1. Johnston, clerk, ,January I. $900; probational appointment. Zacarias Abrnjano. clerk, ,Januar~' 18. $450; probational appointnwnt. IIulwrt H. Hammer. clerk, January 16. $1.200; probational ap· L<'opoldo Pardo, municipal pharmacist, ,Tammry rn, $!100: prn· pointment. b:i.tional appointment. ,Jos(' Aldor, rangl'r. ~\ugnst Ii. l!lO:J. $:JOO; probational appointment. \"C'110111cio Gatchalian, raugcr, .J11nm1ry II, $:JOO; probational :tp pointnwnt. F. R. Bronson, cl1•rk, Janual'y 11, $I,200: tmnsfer from class 8, Insular Cold 8tornge and Ice Plant. "Xicolau Bargas. nrng1~r .. J1un1:11)· 8. $:JOO: probational appoint· ment. Siml'Oll :Monzon, raug-1•1'. .January 21. $300: prolmtio1rnl ;1ppoint· lll('nt. Clrnril's F. Pfr.lfork. clerk, .fanuaiy l:l, :!il,:200: prnhational ap· pointnwnt. llUREAt: o~· G0\"~:1c.;~1E:>;T LAllOllA'l'OIUES. \Va\tN' 8oncl, YC'tl'rinarian, January 11, $1,600; tnmsf1•r from Bureau of Public Health. TC'Odosio Espinosa, assistant draftsman, Dce<'mb('t' I, lf/O:l, $4.iO; probational appoinhnl'nt. l'IIILil'Pl~E CIVIi, HOSPITAL. IlC'lena E. Porkr. nurse, .JannaQ· l. $720; trnu.<;frr from Civil Sanitarium, Baguio, llenguet. Cla1·k E. Port1>1·. atknclant. OecC'mlH'r 22, lflO:I, $GOO: prolmtional appointment. 14423--4 )I. L. Stewart. d(•puty wanl<•n .• Tanuary !l. $2.:100: tnrnsfpr from Bur<'au Insular Pnrdrnsing "\g<'nt. Ru hen H. Moos. clerk, January I. $I,200; transfer from disJlC'nsing l'icrk, $1,400. T1•oclore Lh·in.!?ston. ('Jerk. January 14, $900; probational appointment. H1•nry O\·<'rhay. assistant laundry forenrnn, .fannary 11, $900; 1n·<1bational appointmC'nt. lhJ\rnrd )L Coleman. elerk. Jannarr I6. $900; probational ap· point111C'nt. .·\lt•jo )falaluan. guard, January 16. $240; probational appointnwnt. l!l.HEAU OF COAST ca:ARIJ AXll TllAXSPOHTATIOX. H. XiC'olas, light krC'[ll'l'. .January I. $:JGO; promotion from $:!00. F. Aguirre, light keC'prr .• Jnnuary I. $:JOO; prnmotion from $240. Dauil'l ,J, Cunan. insp<·<'lor of machiner~'· December 24, 1903, $2.200; probational appointmrnt. !Ian-< ('. llansl'n, first assbta11t 1•11ginC'C'r, Xm·1•mber 5. lf/O:l, $fJOO; probational appointment. llLREAL Ot' COAST AXD GF.OllETIC s1:nn:Y. Wilmot II. :\IeD01wld. (•]l•rk .. January I. $L500; promotion from class 8. PNlro Taborn, junior dr;1ftsman. January 1. $360; prohntional appointment. 162 OFFICIAL GAZETTE HURt:Av OF EXGUrnt:m:orn. K ,\, Krrs. supr1·inll'ndcnt of l'on>1truction. Capm1·0'Donnell-Iba roild .• fonuar~· I. $~.000: 111·0111otio11 from <'ln!(s 6. /)t'/mrlmrmt of Pi1u111cc mid. Jm1liN'. BUREAt: OF INSt:l,Alt 'rREASl"HY. l\lande ll. DuFrt>snc, l'll'rk. ,Janmtr~· 15. $1.~00; pmbationnl 11ppointment. John Ila?.<"ly. derk, ,January l, $1.400; tnmsfpr from olllce pro· vincial trrmn11-e1·. Alba~·- <-lass 9. ,Jacob Fl'ldman, cle1·k. ,Jnnmll'y 14. $1,~00: trn11>1fl'I' from tlisbursin,.r olliet>r X11guilinn-B;1~uio 11111·,·1·~·. class Ii. lll'Ul::Al" OF TIU: l~Kl'l.AR At:UITOll. \\'illhun lila;r1mrd. dt•rk. ,Janunry 1. $1,600; promotion from class 8. Louis R. \Yoolclrid~"t'. ch•.rk, ,fonmll',\' l, $1.400; promotion from dass IJ, En•1"<'tt .\. Perkins, dm'k. ,Jamuu~· I. $1.400; promotion from class 9. Albl'rt ]~. 'l'ntton. 1·l<"rk, .January Ii. $I.~00: promotion from class 10. lll'llEAl" OF cl:sTOMS A:Xll UUUUll.\'l"IO:X. Fausto Inoc-endo, storl'kl'cpcr, De<.'<"mber 1-l. 190:1, $540; promo· tion from guard. $300. , Adolphus Addh~on, ston•kc><'per •• January U. $900; 111·obational appointment. James W~ Eubank. stor<"keepc>!". January S. $900; probational appointment. Ht"nr~· 1'. 8wit. stOl'<'k<'t'Pl'l". ,Janu11r~· !I. $900; probational ap· poiutnwnl. E\'11 :\I. SurfM·l'- c·IC'rk. January !), $900; probational appoint· ment. Ludano Ochou. :.:-uurd, ,Jnnunry 15, $240; prolmtimml appoint· ment. Ha~·mundo Cab11llero, 1,>"1111rd .• Janmu·y 18, $~40; prolmtionnl np· pointmcnt. lnoet>nte .J1.wi1•r. ~mu·cl, ,Januar~· 5. $::!40; prob11tionnl appoint· lll('nt. ,Jose Ort11iit•z, clerk .• fanuary 16. $240; probational appoint· llll'nt. 1:xsn.All (.'QJ.l) t>TOHAOi-; A:Xll l(•Jo: PI.A:XT. ,fames H. Pukel'. oill'r, J1rnmu·y I. $840: promotion from $i80. Hrmmn Klump. teamst<'r. Jnnm1r~· l. $!100; promotion from $i80. John T. Haynl'r. tl'nmstrr .• Janu111·~· 1. $i20; promotion from $600. J. P. Edmiston. disbursin~ olJiC<'I' and JU'OJl<'l'ty clel'k, January 10, $1,800; transft•r from elerk. clai;8 S, Treasury Bureau. Egbl'l't 0. Timoney, wntchnmn .. Jammry I. $i80; transfe1· from asiii.1tirnt O\'l'rsee1". $840. D. \\". Fry, tramstl'r, .J1mu11ry I. $900; trnnsfl'I' from slon·· ke<'per. $1,000. \\'illium R lll'ndel'lonp;. mat•hini:-;t. ,January 11. $1.:WO; 1n·olm· tionnl appointment. Eghl'l't G. 'J'imo1wy. e)('rk. ,January 15, $900; pl'omotion from watdmian, $i80. Dt;REAU OF .J\;STICE. J. )J. Browm•, l·lel'k, Court of Custotns Appeal>l, January 18, $1.tsOO: promotion from clerk 1•hl8s 8, olncr of Attorney·Gl'n('ml. Chal'les H111Tkt>. stenogrnphl'I', at large, JummQ· 1, $1.400; prn· motion from class 9. John J. Ernist<>r. interpreter, Coul't of Firist Inst11nt'f'. ,fammr>· 1, $1,:!00; p1·01l1otion from class 10. nl'nito C'anllli<. cop~·i~t, Court of First lnstiuwr. Antique, Feb· 1·muy l. $lfl0; 1n·obntion11l appoi11tmPnt. P11.scu11l Gmmn, copyist, Com:t of .First lnstance, Tarlac, February I, $240; )>l'Omotion from $150. 1Jepa1·tnien-t of P1tblic Instruction. Ht:'REAU' OF EDL"CATIO:s', Jere Tul'pin, teacher, October 26. 1903,'$1,100; 1-einstatemcnt. Fred )[. Cull, clerk,· December 28, 1903, $900; pl'Obatio1ml ap· pointmcnt. Al'thur S. Wurl!., stenographer, August I, 1903, $1,400; transfer from Court of Customs Appeals, $1,600. ,John )l, Carl'ignn, clerk, December 21, 1003, $1,200; 1>robationul appointment. Klltlmrine Bl11ek, teacher, January 1, $1,000; probational a11· pointment. llUREAL" OF Pl'DLIC PRINTING. Gabriel Comagon, apprentice, J11mm1·y 16, $0.30; promotion from :.beth c·lass. 8el'\·illuno Bautista, apprentice, Jnnua1·y 16, $0.30; ln·omotion from sixth 1·hlss. ,Jm1c Xarrncx. apprenticl', .January 16, $0.30; promotion from i<ixtll class. FPlil-illno Gomez, nppl'entic·e, January 16, $0.30; pl'Omotion from sixth 1·las11. Cipriano Corpu11. appl'<mtire, January 16. $0.30; promotion from sixlh eluss. Alejandro \'izcouTa, apprl'nticl'. January 4, $0.20; 1n·obational 11ppoi11tment. .-\mnndo Vern. llfJJn·cntiee, January 19, $0.20; prnbational appointnl('nt. 8l>rnrino Paludo, apprentice, January 19, $0.20; p1·obntional 11ppointment. Gisbei-to dt~ hi Hosn, apprentice. ,January 15, $0.20; probational nppoint111ent. Hufino Andl'cs, junior compositol', li'ebmary 1, P2.25; probatiom1l ap1iointmc11t. .Adl'iano de Guzman. junior 1.-omposito1·, I?ebruary I, P2.25; prob11tionnl 11ppointnwnt. Sabino Ji'rlix. junim· pn•ssnum, February l, P2.50; probational i1ppointment. Andres \"illafurrtr. juuio1· pl'l'S>!>nmn, li'ebnmry 1, P2.50; proba· tional appointment. Antonio Gonxah·o, junior prei<snmn, Pcbruary l, P'2.50; probational appointment. Xicasio Barrientos, juniol' pressman, I•'ebruary l, '1"2.50; prnba· tional 11ppointment. City of Manila. Ml'XICIPAL BOA.RO, Guy S. Lane, chief clerk. January 16, $1,800; promotion from clcl'k, class 8. Jmm ll. S1111tulo, translator, January HJ, $1,600; transfer from <·ll'rk cli1~ !I, Executh'c Bureau. 1>1':1'AllTllJo:XT OF AS.!:11':8Sl1E:XTS AXD COJ.I..ECTIO~S. Ilownrd l•', Alexnndl'r, <'ll'rk. January l:J, $1,200; transfer from Bun•1m of Jntt>rnnl Uc,·cnue, clao1s 8. IJ1':1'•\HTll1'::XT OF EXGl:X~:ERl:XG AXIi Pl'BLIC WORKS. Simon Garcia, foreman, Jam1a1·y 1, $420; promotion from $300. Tibursio Uutil'IT1'7., fol't>nmn .• Jammry I. $420; promotion from fi;t40. Tito :'llolina, f01·l'nmn, DrC'embe1· 1. 1903, $420; pl'omotiou from :mm. .Julian Bernardo. clcl'k. Jununr~· H. $:mo; probational appoint· llll'llt. )loi11l'>1 Cruz. junior drafb11111n. Dl'cember ::!, 1903, $300; probational appointment. lrim•o Ha~no~. clprk. ,Jnnmu)' I. $i20; promotion from $660. OFFICIAL GAZETTE 163 Patricio • .\bnm•i;., p11tron. January Hi, $4SO; promotion from $420. POLICE bEPAIITllEXT. Arthur Downing, first-chtss patrolnurn, January 6, $900; reini;.tatement. 1\1. K. Vanee, first-clm~s 1>atrohmrn. ,Janu11ry 9. $900; l'einstatl'ment. John F. J~dward.i. clm-k. ,Janmtry ;i, $1.~00; proh11t.io1ml appointUlent. .Alexander Trotlt•r, first-class p11bolmun. Jnmuu·y 5, $900; probational' a)>pointment. Albert E. Axt, first-chtss patrolnrnn. Jamun·~· 5, $900; probatiomtl appointment.. John H. Boeman. tirst-clm~s patrohnan, J11nm1ry Ii. $1100; probational appointm<'nt.. l~rank C. Carpenter. first-ela8s pat.rohnan, ,J;mmtr~· 6, $900; probational appointment.. Joseph B. Cuddy, first-class patrolman, Januury 6, $900; pro· bationnl appointment. 'l'om Hayden, tirst-elass patrolman, January 6, $900; pl'Ohlltional appointment. Jeronw S. Johnson, fil'st-class patrolman .• J1urnary 0, $900; probational appointment. Henry l'. Lason. tirst.-ehtss patrolman .• January 6. $900; probational appointment. William lley<'I'. first-class patrolman, January 6, $900; probati01ml appointme11t. Martin "" llorgan, first-class patrolman, .Tanmu·y G. $900; probational ap11ointmcnt. Albel't Xantz. Hrst-class patrolman. J11mu1ry Ii. $900; probational appointment. Elnwr S. 8<'hult.z. first-chtss p11trolma11, ,Jam11u·y Ii. $!JOO; probatiomtl appointment. ,John \'\'. Tre1ulwn)', first-chtss patrolman, .fammrr ti, $900; probational 11ppointment. P1·l~s \\'aggo1wr, fir.it-class pittl'Ohmm, ,J111m111·y 6. $900; pro· bationnl appointnl('nt. Ca!l'in Williams. first-cl1111s patrolman, .Jimm1ry ti, $!JOO; probi.1tional 11ppointnw11t. Thom11s IJ. Il<'l'<'k, first-class patrolnmn .• Jitnmtry 8, $900; probational appointml'nt. 1-1. C. Litth•. fir:<t-clnss patl'olmnn, .Jammr)' IJ, $!100; p1·obat.iom1l 11ppointmeut. G<'orb"C! A. Pcteri;on, fil'st-clnss patrolman, .J1tnmlQ' IJ, $1100: probational appointment. Lorin O. Drewer, first.-ch1s.11 patl'olman, Jnnuar~· :J, $900; pro· bationnl appointment. William 8. Gilbo, first-class p11t1"olman, ,Jammr~· 1:1, $!JOO; probational appoiutment.. • Pedro )forillo, cnginc•er, police l11uneh, ,June 13. l!IO:J, $360; probational appointment. ,fames D. Williamson, lientl•nant, January 20, $1..500; promotion from seJ'b"C!&nt, $1,200. Fmnciisco Sison, third-class patrolman, Janu1uy 19, $240; reinstatement. FIRE DEl'ARTMENT. John S. Rankin, lieutenant, .Tanual'y 14, $1,000; promotion from driver. l<'rnnk "" McCllrthy, drh·er, ,Janmtr~· 8, $900; 1n·obi.ltional appointment. Albcl't C. Tobin, blacksmith, ,January i, $1,000: probn.tiomtl appointment. LAW J>EPABTYEXT. ,Joseph L, Connor, stcnogrn.pher, ,fanmtr~· 2:1, $1,400; promotion from class 9. PEPAHTll~KT OF SCHOOLS. .hurn Albt"rino, teacher, Decl'mhe1· 1, 1903, $360. 'l'rnnquilino Arrieta, teacher, Decembe1· I, 1903, $360. Urnwtl'io ( '- t'ifra, teacher, DecPmber 1, 1903, $360. Maria Cmmt>r, teacher. J)('cemhl'r 1, 190:1, $360. Carm<'n Domingo, teacher, December I, 1903, $360. .. \gnpito, Prancisco, teacher, December 1, 1903, $360. Cefcrino Francisco, teacht"r, Dt>eember 1, 1903, $360. 1'~dnardo Gu111wn, teachcl', Deet•mb<'r l, 1903, $360. Emilhma Xath'idad, tl'llCh<>r, Dl'cembe1· I, 1003, $360 . l<'elix Ordi11le11, teacher, December I, 1903, $360. Elisa J>cr<'da, teacher, Dccemhl'r I, 1003, $360. I..eon Hnntos, il'llcher, Dt•<.-ember 1, J!IO:J, $360. .Jeronimo Ver, teachl'r, Dl'cember I, 1903, $360. Homan Pntricio, teacher, January 5, $360. 'l'l'otimo IJ_ del Castillo, teacher, Jammry 7, $360. Nicolas Frnncisco, teacher, Janmtr~· 7, $360. Tirso G11rci11, ll•ach._:r, ,Jimmtrv j, 0$;J60. Atu·om llncado, tcachl'r, .J1u~m11·y j _ $360. !\faurice J. Otcysa, k'lteher, Jimm1ry i, $360. Gil lloblcs, t.Pncher, .J11nu11ry 7, $:JOO_ l<'elix \'l•lusco, teaclll'r, ,Janunry i, $3()0. Prod1we11. .Jm•1• Bam.on, dt>put..\", Xcn·(•mbl•r 2, HJO:J, $288; probational 11ppointnw11t. Ill·nl'.'' \\". Hallbourg, cl<'rk, l>ecl'mber 19, 1903, $1,200; transfer from Hun·au or the Insular Purchasing Agent. MORO. Chnrfos n. licGhl'P, treasure1· district of Za.mboangn, September 8, 1903, $1,l>OO; rl'inst.atmnt>nl. G. W. C. ~lnu·p, tre11sl1r1•1·. district of Da\'llo, Novembe1· I, 1903, $1,liOO; transfer from eh•rk, Chlss A, ollicc of the pro\'incial treasur1•r, Anti11ue. l'hnrl~s H. ).lornlcs. chi<'f cle1·k, Oetobl•r I, 190:J, $1,500; prob11tior111l 11ppointmcnt. Danil•I T. Bmwn, clerk, OctobN· I. l!J03, $1,392; trnnsfer from Bureau of Education, $1.200. PANGASINAX, .Jose Dominguez, clerk, January I, $:JOO; probational nppointment. \"icenll• \'i11lmm, clerk, J1111111tt·y I, $:\00; probational appointmrnt. Cirilo Espino, clerk, FebrtutQ' I, $300; probational appointment. Clemente Fernnndez, dt>put~., Octolx>r 4, l!J03, $420; probatiomtl 11ppoi11tment. Xicanor l\Ianlavc, clerk, Xo,·ember 19, rno:J, $180; probntiomtl appointment. Clemente l~er11andez, deputy, J11nuary I, $540; promotion from $420. Nica1101· Manlave, clerk, January l, $300; promotion from $180. RIZAL. Ilonorio l\Immi, clerk aud deputy trea1mre1-, Jan11a1·y 1. $420; ti:ansfer and promotion from clerk, Ch1ss ,J, offil'e pro\•incial super\'1so1·. Lol'cnzo Castillo, clerk, January I, $240; promotion from $180. ,Jo.ic Damian, clerk and deputy trei1surer, January 1. $240; promotion from $180. lfariuno 1''elici11110. clerk and deputy trl'asurt>r. ,J1unmry I, $240; promotion from $180. 164 OFFICIAL GAZETTE ltESIONATIO:NS A'SD SUSPENSIONS. Resignations. Angel Hoco, justice of the pC'aC'e. Legaspi, January 18. A'.\lllOS CA:UARINES. Pablo Laynes, justice of the peace, Bula, January 9. Damaso Estnosn, auxiliuy justice of the peace, Lupi, Jan· nary 13. Jose Templo, justice of the prace, Lipa, January 11. :Manuel .Macatangay, auxiliary jnsticc of the peace, Calnca, Jan· nary 28. Gregorio de Villa, ju;;tiC'e of the pcaee, San Juan de Bocboc, Jan· ual'y 28. Vicente de Leon, auxiliary justice of the pcncl', Lal·lo, January 28. Bartolome Angat, auxiliary justice of the peace, Alfonso, Jan· uary 28. \'icente Cauilun, justiC"e of the peace, 1J.1gan, Jannary 13. :"J::GllOS OCCIDEXTAL. Agustin Yulo, justice of the peace, Cadiz, January 29. Fladano Lopez Vito, nuxilinry justice of the peace, Cadiz, Jan· uary 29. SURIGAO. Agustin .Mosar, justice of the peace, Bacuag, January 28. Suspensions. Julian ~:lanahoe Calabia, justice of the peace, Albuern, Janmny 28. Juan n. Villanosa, auxiliary justice of the peace, Cebu, Jannary 19. Contents. l'ublic law~: Act No. 10-19, m11king 11pproprintlons for sundry expemes of the Insular Government fur the fiscal yenr ending June 30, 190-l, and other designated periods. Act No. tor>0, to authorize the issue of S:~.000.000 of certificates or indebtedness ~:,fili~~~\:~\f!:~~::~~1·: t:i~::¥3. Congress entitled "An Act for~ eomoge system in the dd1tion to the Sli,000.GOO of certi cntes of tilt' surue clmnw rlzcd l.Jy Act1< Nm;. 6% and i92, and nppruprinting the su States, from the gold·sW.ndnrd and ~he 111:.t qunrterly intt•rest Exee1~:?~ J~d~~ £1~~r..;:;~~\~~l~~~j;,fi~o,·isions of No. 10, relative to lrnnsfcN of prboners from pro,·incinl je.ils to Bil!bid Prison. I'roclomation-l'ul>lishing n proclamation br the President of the l'nited De~!fg~t~Tu~e~~f ti1~:~~~ ~~i IT:~~~~~:)~:1~~~· nl. Pluhppme Civil Service: Exnmination for hospital 11.ttcmlnnt. ,\ppointmcnts: Hy the Civil Gm·ernor. Hy the Ch·il Service Bonrd. 0 Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., ~L\]{<'11 2, 1904. No. 9 [Third stntisticnl m1mtwr. \'itnl ;;tntislks. DP<·t•mlwr, t'JO:l, und Junuary, lw.t, uucl ~1111i.,tk~ from other llnrcuus.] Pr'BLJC LA \VS. [Xo. IO;il.l XX ACT TO A'.\IEXD THE '.\Il':\l('ll'AL ('ODE BY Dl8QUALIFYJ:-:(; l'EHSOXS COX\"JC"l Im OF f'EBT .. \IX OFFEX:SES FlW:\I \"OTIX<; .\'!' :\ll:XWll'.\L ELECTIOX8 OH IIOLDIX<: :\WXH'IP . .\L OFFICES. /ly authority of tlw Cuif('(f Stu/1·s, /w it nwdcr/ by llw J'lrilip1!i11c Co111missio11, tlwt: SECTIOX" I. ..:\C'l XumhNPd Eig-l1ty-two. c•ntitlt>1l "Tht'. :\luni<'ipal Co<le," a;; aml'ndC'd. is h('J't•liy furtlwr 111111•rn\t•4l hy insl'l"ting afkr subsl'dion (Ii) of ,.;1•dion <'ighl. a snh.-<t•dion (bb), as follows: "(bli) ~\ny 1n•rson who ha,.; hN•n c·om·id<'<l hy a ('ourt of First Inslnnel' sin1·1• .\11g11st tliirtl'l'llth. l'ightc•1•n h11111ln•tl ancl ui11('lyC'ight. of an.r off<'ll"f' punishah!t, hy !h'alh or imprisonnwnt for th(• pl'riml of six mouths 01· mon'. unie-<s and until acquiltl'd upon nppC'al to a hig-ht•r (•ourt. or rf'slorl'd to all f'idl riglits hy amnl'sty or pardon." SEC. 2. This aml'mlnwni ,.,hall In• ,.,o far rPtroa(·ti,·e a-< to apply to persons h<'r<'tofore ('0Jl\'idl'ci hy a Court of First lnsbll\I'!' of an,:;· olTN1s<' punishable hy dc·ath or impri-<onm('l\l for a 1n•rio<l of six months or mo1·p and who ha\'(' not hl't'll acquiltl'd by a hi: .. du•r 1·ourt, or restored to all c·idl rights b:o.· annwsty or pardon. SEc. 3. The puhlfr goocl n•cp1irinl! lhf' spPedy f'na<'lllll'llt of t.his hill. the passag(' of thl' sail\(' is ht>r<'by expf'dit<'rl in :w<·onlanc·l' with Sf'('tion two of "An ~\('t pn•.~('rihing the• onkr of 1n·oe·N!Urt> by tlw C"omnlissiou in tlw PmwlmPnt of laws." pa-<s1•d !-'PJ,1.t•mlwr tw<'nty·sixth. nim•i(•(•U hnndrl'tl.. SEC'. 4. This o\(·\. shall take•,.; (•fft·d. on its pa"sagc. Enac·t('{I, Fdirnar.'· HI. HI04. rxo. 10:12.) .\X . .\CT TO Pl{(H"JDE FOR .\ ~EC'OXJ> HE\'11-lIOX OF THE ARSESR:\IE:\T!-' CPOX IrnAJ, ESTXl'E IX Tirn PRO\'. IXC'E OF JUTAXGAR. \\'he•n•as the ass1•ssm('lll and 1·olh•f'lio11 of the land tax in ihl' Prodnl'c of Batangas wa;; su"p('nch•d in 1he year niiwt('en 111111 drl'd and two hy Arts Xumlwred Tlll"1•1• l1nndrl'd and se\·f'nty .. fi\·1· ancl Four hunclrP<l am! fifty-s<'\"l'n. and in cons<'quencc of sueh ;.uspension thl' a,.,spssmc•ut ha,J uot lll'C'll C"ompletcd nor any at· lC'mpt made to co\IC"ct tht•n•nw!t•r at. 011• t.imf' of the Ol'J!Hlliz,ation of the provim·inl boarcl of r1>\·i•do11 undl'r Ac·t. XumhPred Fiv<' hundred and righty-two. thf' n•sult hPing that but. few C"omplaints were filed and tlint tlw work <loiw b:o.· tlw sni,\ pro,·inl'ial hoard of re\·i~ion was inc·omplc•t.p and ina<'curat<' hl'f«ll\s(' of lack of information; and, 'Yhl'rras, hy reason of th<' c·onditions ahm·<• spt forth, the col· ]e('tion of the taxes for thl' }"C'ar niiwlel'n humlrl'd am! U11·f'f' in th1' Provint'e of Batangas ha.-; l'('\'(•alPcl many Pnor;;, omissions. and inf'qna\iii<'s whiC"h in jnsti,·c• lo tlw lancluwucn; should be (•OITectl'd: Xm\', therefon•. U!f n11tlwrily of the 1.;nilcd ,"!/u/r·.~, bl' if enacted by the PhilipJH~11c Commission, tha.t: ~ECTIOX I. TIH'rc is lwrcby crc•afrd for ihe l'rovince of Balangai; a JH'\I" board of tax \'C'\·ision, wlti1~h shall eonsist of the three m1·mh1•rs of llll' pro\'in('ial board am! two oUll'r taxpayers. residt'uls of illl' 1n·o,·inl'c. lo b(' appoinh',J hy lhl' Cid! GO\'f'l'llOr, by am! with ilw ('OJJ.St•nt of ilw l'hilippine Commission .. S~:t:. '.!. The po1\'c•rs aud dntil's of l lw new hoard of tax l"C'\'isioll in tlw l'ro\'inc1' of Balangas shall be thosl' pn•sC"ribed for Uu• pro\'inl'ial board of re\·ision by .\c·t Xumlwrecl Five lnmdrf'(l and l'ig-hty-two. l'ntitletl ".\n Al't to providl' for the partial rt>\"i.sion of lhr assessm<'nls upon n•al (•stall' in tlw municipalities in llu· Philippine Islands onlsit\1• the city of )fanila," as amended bv ;\('( .:\umhen•d Six hnndn'd am\ uinrty-threl', thr words "ninet;'('ll humlrc>cl all(l four" heing substitute,\ fol' "ninl'tel'n hundred and tln·1·e" whNt•\'f'r the latlc•r words 0<·1·11r in the said Acts: /'rori<lcd, luJ1ffT(T, That the compensation and tra\'eling exJll'lls(',.; of \]t(' two ml'lllb<'!'s of the board to be appointed by the ('iyiJ t;on•rnor h~· and \\·ith the consent of the Philippine Comniission shall lw as providl'(l in section twf'h'e of ..'u·t Numbered l•'in• huncli'l•cl and <'ighly-twn. but payable in Philippine currency. 8E<'. :l. In all l'HSCS in which land in the ProYinC"c of Butangus ass('ss('d for tht• vear nineh•cn hundred and two or the year nineie('ll lrnmlrf'd :u:d three was n!:isessed at more than fifty per ·c·c•nium aim\·<' the ntluation made by thl' nPW board of tax rc•vision. tllC' Jll'O\·in('ial board is ll('rf'h.'' authorized and required to 1·1•(1\\e(' the ass('ssrnl'nt for the year or yl'ars in which such Px<·t•ssin• assessnwnt of more than fifty p<"r centmn was made to the amount Jixl'd bv the new board of lax re\·ision for the sanw land for thf' Yl'in: ninet<'f'n hundred and four. and the pro,·in(·ial treasurer siiall comply with the order of the provincial hoarcl by making the reduction upon the records of the municipalit~· and province. Sn•. 4 .. In all ca1;es in which the money has ))('('fl paid upon thr (•x1•1•ssiv1• assC'ssmf'nt as desl'rihcd in the s<'cliou immNliately prt'(·eding. it shall be t.hc duty of the provincial board to allow a <'rt'(\it of the amount of sm·h l'Xcess paynl('nt, to be applied upon taxl's due for the year nindef'n lrnmlrl'd and four or the next snbs1'<JUC'lll year. REC. fi .. In case the tax has not been paid on the excessive assessme·nt. then the taxpa,\'l'r or the l>C'l'Son from whom the tax is due shall he allow<'d to pay thf' tax on the reduced asse1;sment without pl'lialt:o.· at any time hl'fore SC'ptf'mber first, nineteen hundred and four; aud all proceedings for the sale of land because of the delinquency of pa~·ment on the excessive assessment as defined in sl'ction threl' shall be discontinued and held for naught, and thf' title to the land shall remain in thC' delinquent taxpayer, subject onl.'· to the lien for taxl's on the ass<'sSm<'nt as redueed in accord anct> with section thrl'e hereof: Prorid<'d, That if the amount of taxl';; du<' on the rf'dneed assl'ssuwnt is not paid h<'forl' Scptl'mhcr first, nin<'tePn hun(lrl'd and four. the same proeC'dure shall he follmvl'd in thrir collection as in othrr casl's of delinquent taxes. SEC. fl. In cases of l'xeessi\"f' taxation descrihf'd in sl'ction three 165 166 OFFICIAL GAZETTE hcr<'of in which tlu· lane\ shall lmn• bc1•n sold to ll third pl'rson for failnr<' to pa,\' tax""· tlw dl'liuquPnt taxpnyC'r, upon rcdt~ming his land by paying to tlw p11rchns1•r the nmount required by law to b(' pnicl shall he c•ntith·d to a er<'dit, for u>ie in pnrmcnt of futur<' tnx1•s, for the amount t'X]H'lltlt•1l h:• him on•r and nboYt' tlw tax without p1•1111l1y al the r1•tlm•1•d a,;,;('ssnwnt. In cnse the Jami sha\1 hn,·c• 111.•cn pnrd1as<'d hy tlw (jon~rnuumt, tlu· proceedings >'hall I)(' h,.,. tlw pro\"incial bonnl ch•elnn•d null and void, 11nd tlw tit\1• shall n•\'1•rt to lhl' 1klim1m·ut lnxpay1·r on pn~"lll<'Ut of llw 11mo1111l dm· on th1• m<sPssnwnt. as rrdm•1•1l iu ncconlnncc with thC' tCl'ms of s1•ctio11 lhrrt• of this Act. hl'fon• l"t•ptcmhrr first, ninctern hundrrd nncl four. HEc. 7. 'l'hC' public good n•quiring the sperdy cnactnwnt of this bill, the passagr of tht• sanw is hrr1·hy 1•xprditPd in 11cconlancr with ,;rction two of ;'.\n A1•t pn•sC'ribing tlw onl<'r of J>rOcPchu·1· hy the Commission in the t•mu:tnwnt of laws," passed Hpptl'mill'I' twe!lty·sixth. ni1wtl'l'll hundl'ed. ~EC. 8. This A<'t shall tak1• effl·<'t on its passage. 1<:1111cted, Fl'hnrnry 20, 1!104-. [So. IO;J:tl . .\X ACT E.XTESDJX(i THE TL\IE FOR THE l'.AY'.\IEXT OF THE LAXD TAX 1s·T1-rn PHO\'l~CE OF CAl'IZ FOR THE YE . .\R XIXETEEX HCXDRED :\XD TllREE l'S'l'IL APRIL FIFTEESTI-L XISETEEX lll"XDIOm AXD FOCR, AXD PHO\"IDIXG FOH TllE HEJ.TSIJ OF l'E~BL'flEH ALRE..\DY PAID. Hy (fUfhority of the F11itcd St11fc.~, k if cmwtcd by the Philippi11c ('0111mi.~sio11. tlw.t: :-iECTIO:" I. Tlw p1•riod for tlw pa~·nwnt, without p1•1mlty, of tlw land tax for tlw ~·l'ar 11i1wll•<'ll hundred and tlir<'c in the Province of Cupiz i.; IH'l"l'hY rxll•nded to April fifteenth, ninctt·l'n hundrl'd antl four, anything in prl'\·ious Aet>< to the contrary notwithstanding. All pl'nalties hl'l"C'tofon• collt'cted for tlw nonpaymt>nt of the land tax in such province for the ~·ear ni1wte<'n hundrl'd and tltrC'<' are hcl'ehy rrmittl'd. an<l ti\(' provincial tr<'asurcr of the pro,·incc mentioned abo\"e is autho1·ir.l'd and dirl'Cted to allow a rebate of the amount of such prnalty to the tuxpityer upon whom the penalty was asses,;ed upon payment of his land tax for the year next ensuing. St:c. 2. The public good n'<Jlliriug- the S))('edy 1•nact111('nt of this bill, the p11ssag1• of ti\(' sanw is hPrd1y exp<'ditcd in accordam•c• with section two of ·· . .\n Act pn•scribing tlw orcll'r of procedure hy the Conuui.~sion in the Pmwtnwnt of laws," 1ms:-.<•d Sl'ptember t\\·1•11t.y-sixth, ninetc<'ll hundred. St:c. :t This Aci shall take t•lfoct on ib passage. Enacted. Febrnury 20. l!l04-. J<}XECUTIYE OUI>EltS. THE GOVER~~IENT OF THE PHILIPPINE ISLANDS, EXECl)TlVE BUREAU. l\IA:"JLA, fl'ebrnary 19, 190,~. EXEC';~~-~ l:IUlER } The following rules shall govern shipment of freight on Coast Guard \"essels: (I) All packages shall be sealed with wire and lead seals; rice and other grain shall be double-sacked (Act Nine hundred and nine, Philippine Commission). Should freight be placed on board any Coast Guard boat without these conditions having been fulfilled, it is understood that the consignor shall be responsible for loss and damage during transit. ( 2) The consignee shall, in person or by responsible agent, re· cein• freight a~ it g()('S on•r the ship's side at place of destination. Captains of \'l'ssels will not allow freight to leave the ship's side until it has hel'n pl'operly receipted for and condition of same noted. After leaving the ship's side re..::.ponsibility fol' damage or loss r('sts with the eonsigm'<'. (3) Consignors will notify consignees, by telcgrnph or othl'l"wiiw, of the date of shipuwnt of frright on Co~ist Guan! boats, the name of the boat, and the pl'obablc date of arri\•al at destination. Consignees will make their preparations and meet Coast Guard boats promptly on nnival. Should the consignee foil to meet the boat as t!irl'Ct('(l in the foregoing, and the captain find it necessary to land frt'ight in ordcl' to prevent delay of his boat, all respousibility for loss or damage to the fr<'ight after le~n-ing the ship's side shull rest with the consignee; and a certificate from the frl'ight clC'rk, or otl\('r oflieer having charge of the freight, that the fr<'ight was clwckl'Cl owr the ship's side in proper quantity and condition shall be <'<Jllival<'nt to r<'ceipt from the consignee for (HO(X'I' d1•livcry of the freight. (4) It is the duty of n Coast Guard captain to report immediately to the Chief of the Bumm of Coast Guard and Trnnsportation the failure of any consignee to come after and take his freight promptly from the boat on arrival, and Of the Chil'f of the Bureau of Const Gunr<I and Transportation to report the delin· qul'nt to the h<>adquart<'rs of the department to which Im belongs, OI' to the Civil Govcrnol'. LUKE E. \\'HIGHT, Civil Governor. DECISIONS OF THE SUPREME COUUT. [No.10.'>ti. l>et·cmbcrl!,1903.] Afil"f:/J.I Jlf,'.\"f,'f}f(,"J'O, plaintiff and <1ppdlcc, 1:.~. H~1'Bll:L.V J)f,' 1, .. 1 /(.-I.I/A, d1•f1·11da.11f mid 11ppcllu11t. I. '.\IAl\l\IA!iE A:-rn Dl\"UltCE; Snw•:~s]()N OF Boot( ·I o•· TllP. Cl\"ll. Com:.Titlt•s ·I nml l:.! of hook I of tht· Civil Code, ·which den\ n·~pectively with mntrimony nm\ tlw register of <'h"il ~tutus, 11.re not in force. they hu\"ing Leen ~uspcnde(l by order of the gm·crnor-g<'neml of the l'hllipphw Jsh111ds shortly ufter the t•xtcnsioll of the Ch-ii Cude to this Archlpelngo. 2. Srsrt:xs10x (ff i.Aws: l'owt;n o•· Sl'AXJSll Gon:11No11-liic~•:nA1,.-1t wus within the power of the go\"t•rnor-gencrul of the l'hili1•pine Jslnmls. under the Spnni~h r(•gilnc. to suspend !ht• operntion of n gcnernl !11w, sueh us the Civil Code. 3. ~IAltl!IAGt: AX[> Dl\"UllC•:; LAii" O.' llliO: ~OT Ol'F-11.1.Tln: IX rmr.1rr1xv. lsLAXl>S.-The Lnw of Civil l'>lnr~i11ge of lfl70 wus nc1·cr extended to the l'hilippine Islnndi;, with the exception of nrtir\cs H to 711 thereof. whi<"h were promulgated in the Arehipelngo in llll!:l. 4. Ill.; CANON LAw: Couxcn, u~· 1'1rnNT.-"J'he (•1111on Jaw had no binding force outside of the d111rd1 ex,·ept us to su("h pnrt.~ thereof us h~· the nction of the dvil authoritiei; bccnme purl of the <·i1·i] luw of Spain. The det·rccs of the, co1mcil of Trent lu1,·e the fort<e of luw i11 Spui11 nnd <ktermine the ro:<1nisites, lorm, uml solemnities for tlw C!!lchrntion of c·unonkal murriugt•. 5. 111.: Jn.; J1i.-,\lthough the dc(·rees of the coundl of Trent uuthorizc the scpuration by the 1·hurch of hni;lmnd un•l wife the)" do 11ot stute wlu1t the t•nusci; of such scparntion arc. nnd the h1W>< of the church which do i;o state lhc eenses have not the force of cil"il lnw. 6. In.; 111.: .J1·n1~1>1M"ION o•· Eccu:sIASTICALCot·uT:..-Although tht• h1w concerning the nbolition uf ~pcciul jurisdic-liuns left to the ecclci;ini;ticul ("OUrts their juristlidion over mntrimoninl cn11scs, to be clccidcd by them uccording to the canons of tlw church, thb; did not mnke sm•h canons t·iYil law. 7. Io.: G110l;NDS ~-ou D1vo11n:.-1'he law now in force in the PhilipJ1ine Mnnds ns to grounds for divorce ii; to be found in the /'Ul"/ida~. und the only ('llll6e authorizing tli\·orcc is ndultery. 8. ID.: E~·n:cT Ot' Dn·o1tcE.-Dil·on•c docs nut annul the murria~w but only nuthoriies 11. sepurnlion of the spouses um\ ~1 dis.~olntion of the conjugal purt· nen;hip. 9. Ju.: )1ATnrnox1A1. CA1·in:s: Jnmmwrwr.: o~· Ci\'IJ, Conrrs.-Thc juri~dlt~tion over mutrimuninl <•nuses vcstecl in the eedcsiusticul eourtsduring thel'(panish regime is now 1·esll.'<I in the Courts of :First ln~tam·c. IO. lo.: AIJl"LTEnY: l-:•·n:CT.-Adulterr hy either of the spouses entitles the other toa tlivurce. 11. Ill.: In.; RF.c111mSATioN.-ln un 11ction fordh"orcc on the ground of adultery. where it is ullegcd uml provecl thnt the plaintiff hlls nlso been guilty of ndulter)" under such circumstances as wuulcl h1ll'e entitlL•d the <lcfendnnt. if Innocent. to a divorce, this constitute< 11 bnr to the plnintitI"s net!un. 12. IL>.; Ju.; CONDONATJON.-'l'hc wife cnn dcfent the h11sb1111d"s snit for n <lil"un·e by proof that he !ms purtloned her. hut tho effect of Slll"h condon11tion of the wife'S offense is not to entitle her to u dil"orcc from her lrnsbnnd hv n•nson of ndnltcry committed by him. notwith.<tnmling her own t·ondon~d net of ndullcry. OFFICIAL GAZETTE 167 _\PPl•:AI... from a judgm<>nt of the Court of First Instance of lloilo. Th<> faets art• slat('d in the opinion of th<' court. . Jo\"JTo Yn;,\Y ancl L•:m:s'.\fA & S1·:..n·1.oxG. for app<'llnnl. .\Yu:TT IL ('oTTox and Lmxt;i. D. llA11ms, for apprllc<'. \YJJ.I.Allll. ,/,: This is au a1·tio11 for 1li\"on·1•. Th(' complaiut, which wa,; tilccl on Odob1•r :W. 1!101. all1•µ1•1l. a,.; tlw grounds tlH'rC'for. ubamlonnwut aud achtltt•ry. Th(' un . ..;w<'r dmrgt•d tlH' plaintiff with udull<•r,\-. 1l1•t1it'd tlw adultt•ry imp11t1·d to the dt•f1•ndanl. anti asked for a clinin·(•. .Jndg11wnt was n•ncl1•r1•cl on .July ;). l!JO:!, in fin·or of th<> pbdntiff, gra11ti11µ lll'r a cli\'Ort·(' :uul Hl.04i.76 ppsos UI> lwr shan• of thl' ('Olljugal JffO]l('l"t,\". Tht• defrnclnnt t'X('l'ptecl lo the jmlp;nwnt am! UlO\'(•d for a II('\\' trial on llw ground that thP fads founcl Wt'l"t' not j11,;tilit•1l hy thP l'\·id1•1wt'. This motion was dt>11il'd, and tlH· 1l<'frUtlant t'Xl'<'Jll<'d. TIH' l"t'("ord bt•forl' us c·ontains all tilt' t•\"idl'll('I\ l"t'l'('i\'t•d at tht• trial. (I) Tlw lir:>t <JUPstion whi«h \\'<' find it n1•t·1•,;,;ary to clt•cidl' i:< wlwlht•r or not ihl• ('ourt,; of Fir,;t ln,;talll'(' uow IHl\'I' jurisdi<"tion of 1lin1r1·1' <·a,..(',;, a111l if lht•\" lun·t•, on what law it j,; has1•1l. '(']!(' l"Ollrt bC'low as,.,'111111'11 tlwt tlw proYisiou,.; of the ('i\"il ('ocl(' l'<'latinµ; to cli\"on·t'. eontainPll iu tillC' -I of book L an• still in fun·t'. In this \\·c· think tht•r(' was error. lh thl' l"O\'al (\('(·n·c~ of .Jul\' :ll, l88U. tlw CiYil Code as it cxi,.;tt•«l in th(: 1'1•nins11la was ·1·xh·nd1•1I to tlw Philippi1ws. The ··crhnJ!la.w··· of tht• go,·t·rnor·gl'lll'ral wa,.; anixPd to this dt'("r('c on St'ptemlll'r Ii. 188!1. The Cotlt• was publisht'cl in the <iru:drt de .l/rmilu on· :\'o\"(•ll\her 17. ISH!l. ancl t_ook C'ffN•t as a law on Dc•('('lllht•r H, ISH!l. On DPt·<'JlllH'I" :H, 1889, the following order \\·;1s puh]i,;111'<\ iu th<' (iacdu rk J/rrni/a: ··<i•:xEHAI. lion:ux~1•:xT o~· Tilt: P1111.11•p1xEs. '"Ht:t'llETAllY's On'JCE. Brm:Ae Xo. i. ".\lanila, /Jt>i:nulwr 2!), 188!). "By dir<'l·tiou of lll'r :\laj('s\y's (itl\"1•rnm1·nt. until furthN onh•r. titl<>s 4 and Ii of thl' ('jyj\ Code• 1•xl1·nded to tlwsl' Islands by rnyal dl't·rC't' of .July :ll. last. puhlishC'd in tlw C:az1•tt1• of thi;; city of tht• 17th of Xowmher fo,.;t, 11r1• s11s1wndccl in this AH·hiJwLlgo. "'Thi' proper authoritil's will issnl' tlH' nC't•C'ssary onlt•ri; to thl' ('IHI that in li<'u of the two till<',.. .~o suspc•nclt•d tllC' formn law may l"Ontimw in fore<>. "This or<lt•r will he 1·omm11nil'at('d and puhlisl]('d. ''\\"EYLER." This onll'r purports lo lwn• bt'<'ll issued h,\" tilt' gon•rnor·gl'nl'l'al Ly orch•r of tilt' (;m·N1mwnt at '.\ladrid. and although it is stall-ti in the ('omJ1il11ri1!n J,r_qi.<;/atini de C//ru111a1· (\'Ol. 14, p. 2740) that no dC't-r<'I' of this kind \\'n,; t•w•r p11l1lisllf'd in till' Oacctu de .\fudri<I and that a (•opy thf'1"1•of eonld uot he ohtai1H'd in all,\' gm·1·r111111·ntal ollil'e. )'t't w1• <:all not ass11nw that nom• wa:< l'\"l'r is:<U('(J. Sanchn: Homan say,;: '"By n•ason of tlw Jaek of that pl'<'Jlara· tion whieh was propt•r in a mattl•r of sud1 J!n•at imporllrne('. it S<'l'llls. aeeorcling to reports whit"h nwrit a ('l'rlain amount of «1"1•1lit (for 110 ord1•r has cn•r ht>t•n puhlislH'd whil'h n•\·<'als it}, that tht• 1;uwnmwnt of llw l'hilippi1ws, aftN taking ll\(' opinion of tin· andit'ncia of '.\lanila (·011,;11ltt•d tlw ('()\onial o!lic·t' <·oncl'rningth1• suspt•nsion of titles 4 aml 12 of hook I. This opinion was askt•d in re,;p1•<·t to tith• 4 ou 1H·(·o11nt of t·PJ·tain ('lass inlluencl's whi<·h \\"l're strongly oppos(•tl to ti\(' appli<"ulion of lht• formula of 111aniag1• whid1 ga\·1• some• slight inlC'l"\"t'lltion to lhl' ;11\lhoritil's of lh<' State lhro11J!h the muni<·ipal jndg1• or his substitute in tlw (·(•\phration of tlu• 1·a11011ic·al marriaJ!t>. :\s to till<' 12. tht' opinion was askt•cl hy l"('a,;on of lht• faet that tli<'n• was 110 suc•h officC'I' as munit·ipal j111lg<' who t·ould take c·hargt• of tilt' Pi\'il n•gistr,v." (2 Dl'rl'('ho Civil. p. 64.) '.\loreo\"er. th<' JlO\\"N of tlw gm·<'l'llOl"-g<'nNal, without such ordl'r to suspend the operation of the Cod(', was well settl1•d. A royal ordel' so stating was issued al Madrid on September HJ. 1871i. and with thl' C1l11tplase of the go\'crnor-gl'neml published iu t]l(' Uacc/a. de ,Jlt111ila on Ko\'c111h1•r 15, 1Hi6 . It was suggl'sled al the argunwnt thut this order of suspension \l'llS inop('rnlin~ bt•eausf' it did not mention ih(' book of the Co<le in whi1·h the susp('!ldNI titles 4 and 12 were to be found. The Cid! ('oclt' eontaius four books. _.\JI of them except the thir<l contain a title numbered 4, and tlw first and fourth contain a titl1• numbt•rt'd Ii. Title 4 of book 2 deals with rights of propl'rty in w;itPr and mines and with int<'llt><·tual propcl"ty. Title 4 of book 4 l't'latt•s to the contraet of purchase and sale, and title Ii to insurance and other eontrncts of that class. Tlwre is no snd1 intimate rl'lation hl'tween these two titll's of this book as lwtwl'l'll till1's 4 und 12 of book I, the one rl'lating n,; it docs to murriag<' and di\"(Jrl'c and the oth(•J' to the civil rcgi,,try. The hi,;tory of tlw Law of Ch-ii )faniage of 18i0 is well known. As a cons1·c1111·11t•l' of tilt' n•ligious lilwrty prnelaimed in the constitution of IH(i!) the wholl' of the lnw was in foree in the 1wninsuln. But that basis was wanting in tll(',.;e Jslands, and prior to the prnmulgution of thl' Civil Code in 1889 no part of the law was in fon•(' h('r<'. <'Xet•pt arth·h·s 44 to iH, which were promulglltetl in 188:!. Of th('se artielt•s those numbered 44 to 5;) are found in title -1. hut they relntl' merel;o.· to the rights and obligations of husband and wife and do not loueh the forms of mani11ge nor the subjl'd of dh·on•(', If th<'SC' pro\'isions of the Ch-ii Code on lh('s(' suhj<'(·ts eould hi' suspcntlt•!l hy the et•rtain elass influences m1•nlio1wd hy San<"hcz Homan, the only murriug<'s in the Islands would lw (·anonical und the only C"OUJ"ts comp<>tcnt to declare a dinJn·c wo11l1l hi' <'l·c·ll'sinsti<-ul. 'Ill('!'{' can be no doubt but that th<' orclc•r of suspt'nsion n•ft'l's to lilies 4 and 12 of book L und it has always ht•t•n so uncll'r.~tood. It follows that articles 42 to 107 of tlu• l'i\'il Co1k \\'t'l'I' nol in force ll('re as law on August 13, I S!l8, 111111 t lH'l"l'fon• a l'I' not now. \\'hih· i:l'll<'ral Onl<>rs, Xo. liR, promulgatrd by the Military l:m·prnmC'nt on Dl'c<'lnhrr IR, IR!J!J, trC'ats of marriage and nullity of m~u..-ing1', it says nothing about divorce. To find the law applicable to this snbjN~t n•sort mu.st be had to the legislation relating thereto in force in the Islands prior to 188!>. It SC<'lllS necessary to ascertain in the first place what laws on the subject were in fore<' in t\l(' Peninsnhl und afterwards if any of tlwm had been t'Xtcndcd to t]l(' Philippines. · The canon Jaw, which tll(' ccclesiastieal courts administel'cd both in Rpain and hl'rl', had not a,; such any binding force outside of the church. HowC\·cr, uny part of the canon law which by proper action of the civil authorities had become n ci,·il law stood upon the same footing as any othl'J' law of Spain. This happened in t]l(' cast' of the decrt'c of the council of Trent. That those dccrcC's ha\'l' in 8pain ti\(' force of a civil law is WC'll settled. "The dt•crees of ti!(' council of Trl'nt ha\'C in Spain force of law" (I Pr:ictica U1·1wral Fol'ensr, Zuniga 2tiOJ. In tlw prC'faee to the Law of Ci\'il '.\larriagc of 1870, its author, :'llontero Rios, says: "Philip II acC't•pting ns law of the RtatC" by royal cedula dated in '.\ladrid tlw 12th of .Jul:-.-, lii;)4, ti!(' (kC'l"Cl'S of the council of 'l'rl'nt," t'tc. This royal ccdula of Philip 11 was brought forward iuto the Yodssima RccovifociOn and is now Jaw 1:1, title I, hook L t\l('!'l'of. The snnw thing is dcclarC'd in articll' iii of the present Civil Codi', which is as follows: "'L'll(' J"('<JUisitc.~, form. am! sOll'mnitics for tilt' ccil>bration of canonical maniaJ!t•s shall be J!O\"l'rncd by tlw pro,·isions of the Catholic Church and of the holy council of Trent, aeccpted as lnws of the Kingdom." It nm;-.' he clonbtvd, notwith,.;brncling, if thesl' (lCCl"('C'S, l'\.l'll if considered as l'xtended t.o the Philippines and in forCl' ht•l'(', furni.~h an:-.· aid in tilt' rl'solution of tlw question. Thi' canonists hold that tlwy do declare adultl'r:'o' to bl• a ground for di\"Ol'et' ( 2 Pro<'l·dimientos Eclesh'isticos, Cndem1, p. 211) ; this is, ho\\'('\"<'l", more by deduction than otherwise. The causes for di\'orc1• arr now]l('re distincth· stated therein. The sc\'cnth canon of the twC'nty-fourth session ( Xovcm168 nFFICIAL GAZETTE bt'r II, ltiU:l) relied upon by the ccclcsiustical writ<'l'S does not say thnt adult<'ry is a ground for n sPparnlion; it simply says that it is not a ground fol' a divorce from the bond of matrimony. The eighth canon of the s1une session, while it dcclarl's that the church 1m1y direct thl' scpuration of the spousl'S for mnny l'auses, does not slntc what those causes arc. The law;; of the church which do state what tlll'se causes arc lmn• not the force of civil laws. The Dccrctal Law of Dcccmbl'r G, 1808, abolishing in the Pcnin· su\a the special jurisdictions, was extended to the Philippines by a royal ordPr of F<'brnarr l!J, l81i9, which wns publislwd in the Uaccta de Jla11ila on ,June 2, l81i!J. That Dccretal Luw co11lai1w<l the following provision: '·The ecclesiastical courls ,.Judi continue to take cognizuncl' of matrimonial and <'h'<'lllOsynan· ca11s<'s and of ccclcsinstical offl'nscs in accordimc<' wilh the 1;rnvi~ions of the cnnon lttws. They shall also have jurisdiction over citUSl'S of divorce· and annulment of marriage as pt·ovidcd by the Holy Council of Trent; but incidents with respect to the deposit of a manicd woman, alimony, suit money, ancl olher temporal affairs shall pertain to the ordinary courts." This did not haw the C'ITPct of making the canons mentioned th<'rein civil lawoi. It simply decla1·cd that the church might tl'y the cases rcfencd to according to itoi own laws in its own courts and that the Ktatc would C'nforce the dccn•rs of the !utter. It is not nrcessary, however, to decide tlli.<; question as to tlw dPc1·ecs of th<' council of Tr1·nt, for the partidas do contain pro· visions relating to the subjPct of divorce. Law I, title 10, of the fourth p(lrtidu, dcfhws divorce as follows: "Divortium, in Latin, m<'ans, in common sp1•1•ch, Sl'pnration (dcpartimi~nto), and is the means hy which the wift• is s(•parafrd from the hu.~b:md, and the husband from the wife, on acount of :-;omC' impPdiment (•xisting lwtwpcu them, when it is propNly Jll'O\"ed in court. . .\nd whoC\'('I" s<'parat1•s the parties in any otlwr way, doing ii by forc(', or l'Olltrnry to Jaw, will go ngninst lhat which is :-;aid by ,Jt>sus Christ, in the Gospel: 'those whom (iod has joined tog1·tht>r, l<•t no man pnt asund1•r.' But wlwn tlw ,.;po11s1•s an' "<'parat1·d hy law, il is not Llwn considered that man s1•parntPs them; but tht' written law, and th1' impediment existing bt>tWPPn tlwm. Ami dirortio takes its name from the sPparation of tlw wills of 1111111 and woman, which arc in a contrnr_v stat<• wlwn s<'pantt<'d, to what tlwy wen· wlll'll th1• partic,.; wcrt' unit1•1I." Law 2 of tlw same ti lie is as follows: "Pro1wrly sp1•aking tlwre are two form:-; of separntion to which the 11a111c of divorce mny be giv<'n nnd two reasons therefor; tlwre are many reasons which bring about the S(•paration of those \\·ho appear to he marri1•d but an• uot so by n•ason of some imp1•diml'nt between them. Of these two n·ason.~, on(• j,, religion and the otht>r the sin of fornication. Rclig'ion authorizl's divorce on this ground: That if an~· persons thc•rl' be lawfully married, then• not l'xistiug !lC'tween tllC'm any of the impPclinwnts upon which tlw marriage might be dissoln•d, if eitlwr of thl'm afl<>r tlw~· han• hel'n cnmall~, joined should desire to take holy orders and tlw otlwr should grant pPrmissiou, the 0111• d1,,;iring to remain in t.hr world promising to live a life· of chastity and b('ing so ag<'d that nom• can snspect that such spouse will be guilty of tlll' crinw of fornicntion and the other 1•nlcr into the or<lel' in this rnamwr, :1 separation rl'rmlts which may properly be callPd divorcc, but it must be made by onkr of the bishop or some othPr of the prclat('s of holy church who have authority thcrefor. Furthermo1·('. if the wife offends her husband by the crime of fornication or adul· tl'ry, this is anotlH'r reason which we say may propl'rl~· b1• a ground for di\'orce. The accusation is to be brought before tlw judge of the holy church and proof made of the fornication or :ulul!Rry, as set forlh in the prec(•ding title. The sanw would r1• >1ull should 01w of the spouses commit spiritual fornication by becoming a heretic or a Moor or a ,Jew, if he or she should n•fusc to l'schcw this t•\·il. And the reason why this separation which is authorized by n·ason of tlwsc two things, eitlwr religion or forni· cation, is prnpcrly culled divorce, in distinction from s('paration which results from other impediments, is thitt, although it separates those who were married as stated in this law and the 1n·1•ceding one, the muniagc nevertheless subsists, and thus it is that neither one of them can contract a second marriage ·at any time excepting in lhe case of a separation granted by reason of adultery, in which cuse the surviving spouse mny remnrry after the death of the other." It will be 1.;ecn from these laws that the only ground for divorce now of importance here is adultery. Law 2, title 9, of the fourth part-id(l, provides in part as follows: "Husband and wife may accuse each other, in another way than those mentionl'd in the prc>ceding law; and that is for adultery. .And if the accusation be made with n view to separate the parties from living together, or from having any commerce with each other, no other pcrsou but the spouses themselves can make an accusation for such a cau.~e, and it ought to be made before the bishop or the ecclcsiasticul judge (official) either by the parties themselves or their attonwys. " .. ... And in all the various w1tys in which the husband can accuse the wif P, mentioned in these two laws, the wife may in like manner, according to holy church, accuse him, if she ehoost'; und she ought to be heard, as he is himself," \\'hilc law 2 of title IO S('(•Jlls to speak only of the adultery of lhe wifr, this ch·arly giw.~ the wife the right to aceus1~ the husband of adultery for tlw purpos1' of securing a ~a·puration. 80 docs law J:l, title !I, part 4. The divorce did not annul the marriage. Law :1, title ·2, part 4, sars, among other things, tlu.• following: "Y<'t, with all this, thl'y may separntc, if one of them commit the sin of adultery, or join 11nr religious ord1~r, with the consent of the oll1N. after they have known each other cal'nally. And notwithst:mding they sC'parntc for one of thPse causes, no longer to !in· tog(•tlwr, yet the marriag(• is not dissolved on that m•counl." Law 4, tille IO, part 4, is to the same effect. Law 7, Litle 2, part 4. is in part as follow;;: "So g1·1·11t is the tic aud force of marriage that when legally contracted it can nol be dissoln~d, uothwithstanding one of the parties should turn heretic~ or Jew or :Moor or should commit adultNy. Kevcrthdcss, for any of tlwse causes they may be sc>parntNI hy a juclgrncnt of the churd1, so as to live no longer togctlu·r, nor to have any earnal co111wction with one another, according to what is said in the title on the clergy, in the law which begins wilh the words "otorg6ndosc (llgtmos." The par/ idas contain other provisions in rl'gard to the form of Llw libel (law 12, title 9, part 4), and law 7, title 10, part 4, confers jurisdidion upon the church in cases of divorce. That either spouse has been guilty of adultery is a defense to l1is or her suit (law 8, title 2, part 4), so is the fact that he has pardoned h(')' (law <i, Litle !), part 4). And if, after a dirnrce has been granted to the husband, he commit adultery, thcrl' is 11 waiver of the judgment. (Law 0, title 10, part. 4.) \\'ere tlwsP provisions of the va.rtidas in foree in the Islands prior lo l88D? The gencrnl rule was that la~rs of the peninsula tlid not rule in the colonies unless they were expressly extended to them. As to certain laws, Lhi>; result was, howe\'er, aecompiislwd in another way. An 1•xaminatio11 of the Laws of the Indies will show that they are ulmost without exPcption of an administratfre character. They dcul with tlw relations of the <'ilizen to the church and to lhc novernmrnt and some of them l.o matt(•rs of procedure. The laws whirh trrat of the rights of (·itizcus between tlwmselns are fow. This fiH't h•1Hls to the promulgation of the law which appears a;: litw 2, title l, book 2, of the Rccopilaci6n de la.<1 /,ryes de lndias. The last part of law I of that tillc and said law 2 are as follo\\·s: "Ancl as to nil matters not provided for hy the laws of thi" compilation the laws of th<• 1·0111pil11tions and thc partidas of thpsc Kingdoms of CastilP shall hi' followed in the decision of t~aus('s i1111C'('ordnnf'1• with tlw following Jaw." (Lnw l.) OF~'ICIAL GAZETTE 169 ·•\Ye order nnd <·ommnucl that in all <·nuses, suit.-, nnd litigutions in whid1 the \a\\"S of this 1·0111pilntio11 do not Jll'O\"ide for tht' mumwr of their decision, und no Slll'h pro\"ision is found in spel'ial enactments pa;;scd for lhe lmlil•s and still unrepealcd, or those whieh may hereafter be so rnnelcd. lh11t then the laws of this our Kingdom of Cu;;tih• sluill be> followed. in conformity with the Jaw of Torn. both with rcspeel to the procc<lm·e to be followed in such cn,;cs. suits, and litigutions und with !'(•spret to the d<'cision of the same on the mcl'its." (Law~-) This law of Torn, dl'>:;ignnting the order in which the different bodi1•s of law should be applied, is now foul\!! in book :J, litl<' i, law 4 of tlw Soi:isima. Reco11ifoci1Ji1. Jn thC' roynl ('edula of ('urlos, datt>tl .Mn;r HI, i(i80, decluring the foree of this compilation, the connnumls of this luw 2 nre pructically repeated. By the operation of this luw, first enacted in 1530. those laws of the partidas ht'reinb1•fo1·e referred to relnting to diYorce, upon the discoYery nnd sPttll'ment of the Philippines became at oncC' effect.iYe therein. Tlwy h:n·e remai1wd in force since as ciYil laws of the stntc as distinguished from the laws of the church. It muy be added also that upon tlwm the C'l'l·lcsiastical courts apparently in part rt>licd in 1letermining cast's for dfrorcc pending before them. They are cited as authoritit•s by the writers upon ecch•siasticnl lnw (3 Procedimicntos Edesif1stieos, Suluznr um! La Fuenh', p. !J; Prfi.cticn. Forense. Rodriguez, pp. 410, 413; 2 Pr6.ctica UC'neral l<'orense, Zuiiiga, p. 90; 2 Procedimientos Eclesi(1sticos, Cndcnu, p. 210.) Being in force on A.ugust l:~, 1898, they ('ontinucd in force with other laws of a similar nature. (Am. Jns. Co. rs. Canter, l Pet.. 511; proclamation of Uenrral .Merritt, Augnst 14, I898). Tlwre i:-. nothing in the case of Hallett t:S. Collins (IO llow., li5) which is inconsistent with this result. In fact that ease assumes that the law of tht• partidas r<'garding mutri111011y was in force in Louisiana, this eondusion b1•ing n·ached, howc\·cr, without taking into consideration the ubovc-111cntio1wd Law of the Indir;i und without making the proper exceptions. (Law ::!, title l, book 2.) The Jlartidas recognizl'd adultC'ry u:;. a grouud fol' di\·orce. ThrrC'forc, according to thC' ciYil as well us tiw c·imonical law in force her<' on August 13, 1898, the commission of that offense ga\'c the injured party the right to a diYoret>. That prO\'ision of the substantive ciYil law was not rt>pc•aled by the change of sm'ereignty. The complete Sl'paration under thl' AmcriC"an Uovcrn ment of churc·h and statr, while it eh1rngt•tl the tribunal in which this right should be cnfoH·ed, coulcl not affect the right itself. The fact that the ecclesiastical courts no longer C'Xl'l'cise such powPl' is not important. Tiu• jurisdiction formerly possesst>d by them is now \'cstcd in Courts of First Instan('(' hv virtue of Act Xo. 136. Srction 56, first and fifth of that acl, provides that "Courts of First Jnstanl'e shall hun original jurisdiction, first, in all 1·ivil actions in whieh the subj<'et of litigation is not capable of pecuniary <'stimation; fifth, • * * and in all sueh >.pecial eas<'s and prol'c<'dings as arl' not otlwl'wisc provided for." Tlw r1•sult is (I) that Courts of First ln:-.tanl't' haH jurisdi1·tion to PntPl'tain a suit for di\·on·c; (2) that tlll' only ground thrrefor is adultery; (:J) that an act.ion on tlrnt grouml can he maintaim·d hy the hu;.hand aguin.~t tilt' wif1• or by the wif1• ugainst. the husbanrl; ancl (4) that the dc('n•1• dot's not dissoln the marriage bond. The Court of First JnstanC'P of Iloilo, ther1•fon·. committed no cHor in assuming jurisdietion of this cai.1>. ( ::! ) A motion for a nl'W trial hM·ing hl•1•11 made in the l'om·t IH'low on the grnund that the findings of fact l'Ont.ained in till' d<'cision were not justifit>d hy tlw C'\·idPJH't'. it l)('enmes ncet>ssury to t•xaminr that cvidcnec. TIH' adultrry of the defr11da11t was fully pron·d. Tlw lil1tling Hwt the plaintiff hail not eommitt1•tl adulter;r is. how(•wr. plainly nm! manifestly ngnin;.t tilt' weight of tiw eYi d1·m·1•. \\'t• ar!'in• at this rrsult from a con;.idnntion ehiefly of tlw admiltt•d f:wl-i in thr caSI'. tlw most important of whi;h i>< the letter written by the plaintiff W the defendant on March 6, 1899, und found ut pages 168 and 195. This is in itself practically eonclusiYe against her. A portion of that letter is us follows: "E., I still feel ashamed for the past, although it is SeYen yea1·s since we separated. For this, then, Esteban, pardon me for pity's sake. \\'ipe out the past. llemembt>r me for the love of God. Contemplate our unhappy fate. To you I look to assuage my sorrow. K, I have heard that you lul\'e had some misfortun<":-. latRly. J s('nd my sympathy, although I um unworthy of your presence.'' The significant words "1 am unworthy of your presence" probubly cscnpe<l the attention of the judge below, because he has not quoted them. The contention of the appellee is that the Wl'Ollg for which lhe plaintiff sought pardon wus that of having asked for un allowance. This contention can not for a moment be sustained. A woman docs not ask her husband to blot out the past, to have compassion on her, and, most import.ant of all, docs not say that she is unworthy of his presence simply because she has asked him for an allowance, something to which, according to her own belief, she had at the time a perfect legal right. The lcttt>r is a confession of guilt. It is ndmitted that the plaintiff and defendant had lived happily together from the time of their n111l'l'iage in July, I891, to August, I892. It is also admitted that then the defendant sud· dcnly,-without any preYious wnrning, took his wife to the house of her parents, left her there, and never lived with her aftel'wards. There must have been some reason for this sudtlen change. The court below says that it was because the defendant had til'cd of his wife. There is nothing in the evidence to support this tlwory. In her complaint the plaintiff charges the defendant with having committed adultery with Gregoria Bermejo in 18!J2. She produced no CYidencc to support this allrgation as to the time. No one of the six witnesses for the plaintiff upon this charge fix nny date prior to I894. The other two chal'gcs relate to 1899 and 1901. There is no e\·idenee in the cuse from which a judge would be justified in finding that from the separation in 1892 to some time in 1894 the defendant had bren unfaithful to his maniage \·ow. And the judge below made no >ouch finding. Two witnesses, Epcfonio Lacson and Dorotea Garcia, who testified as to the charge in connection with Gn•goria, speak of a woman brought by the defendant to Negros in 18!l2. llut an examination of their evidl'nce will show that it is entirely insufficient to prove any illicit relation,; between this woman und the defendant. In \'iew of the e\'idcncc whieh the plaintiff did present in this case, we think it snfc to say that if thC' conduct of the defendant during the years 1892 and 189:1 had furnished any ground for »US· picion the plaintiff would 'have been able to produec evidcnec thereof at the trial. ShC' did not do so. The laek of this e\·idenee destroys the theory of the court below and of the appellee that the defendant expelled the plaintiff from his house because he wus tired of her and desired the (•ompany of other women. '1 hat theory is entirely inadequate to explain the sudden termination of their marital relations. The event is, however, to our minds, concctly explained by the testimony of the defendant. The separation and the letter written by the plaintiff from which we ha\·e quoted can only be explained on the supposition that this testimony of the defcnclant is true. IIe stated that on his return from an inspection of one of his estates his wife's maid gu\'c him a letter in thC' lwndwriting of his wife and directed to her lover, a Spanish ('Ol'poral of the l'ivil gual'd, named Zabal. She admitted the grnuinen<'ss of the letter, fell upon her knel's, and implored him to pardon lier. Thnt same day he took her to the home of hC'r pan•nts. told what had OCl'UJTed, nnd left her there. That the tC'stimony in l'C'ganl to this lt>ttl'r is not a fabrication of recent datl' is shown h~' tilt' evidl'n1•e of thl' plaintiff's mother, one of her chief witnesses. The mother testified that about n. 170 OFFICIAL GAZETTE year aftt-r h<'r daughtl'r wa,; retnnwd to her she hennl that the d<"frtulant brliencl that illicit rl'lations <'Xistcd betwren Zabal and the> plaintiff on 1wcount of a <'1•1t11in letter. She heard Zalml's mmw m1·11tio1w1l by a sng<'ant of police in I8na or lflH4. Thi» may han• bl't·n thf' sel"J!<'allll of tht> eivil gunl'(l who, 1wcording to lh1• tt•stimony of Domingo Jardt'IPsa, was th<' 1•nu;;f' why the lntWr 1licl uot 1h•li\·1·r to tlw plaintiff n lrtt1•r intn1,;trd to him for Jwr hy Zalml at't1•r lwr ,;l'parntion from her hu»lmrnl. Th<> <>Yilil'llCc of the scrnmts nm! others who tt•stify to facts 1•onrlusiwly showing- the adultery is Sf'Yer<'iy eritcisl'd by thC' ('01\rt lH'low and th<' counsel for tlw plaintiff. Tlmt criticism relntr,.:; in n large dl'gree to the mnttn of tinlf' and dnt<>s. If this dil"ed, c\'id\•nc1• wPre the only 1·,·itll•nct' in the cns1• W<' should not, pl'rhaps. disturb thr lindinµ: of thr court. But wlwn it i» in its <'SSl'lltial points corrnhornh•d h,\' tlw iuhnittt>d facts which we hnn'! hrn•tofore rl'cih•d, thl'l"c j,.. )pft, in our opinion, no doubt whatever of the guilt of till' plaintiff. It is snid that if the plaintiff is guilty the defendant has con· donl'd the offrnsl'. It is not 1wcrssnry to determine upon this point where the truth lies for two reasons: (I) the court below madl' no finding of fact on the subject; ( 2) <'nil if he lmd found that then• was condmmtion this would not Jun·<' cntitlrd thr plnintiff to ll di\·orce. B;.,. law H, title 9, pnrt 4, the wife can defeat the husbnnd's suit for di\·oree b,\" pro\'ing that he hns pardoned her. But we Jm,·e found no laws in thr purtidas which sny that the effect of that pardon would be so far·l'l':lChing as to entitle her to a dfrorce against him in a cnse likr the present Olll'. On thl' contrary it is 1~XJff(•ssly 1u•o\"ided in lnw 8. titl1• 2, part 4, as follows: "For tlu· sin of paeh one of tlwm is of ibwlf a bar to an nccusation aµ:ainst tlw other." Our co1H'lusion is that neitln•r one of thr parties is l'ntitled to U diYOl"l'C. The result makes it unne<'l'SS!ll")' to consider that p1lrt of th<' jmlµ:mrnt which rellltrs to the setth•nll'nt of the conjugal pnrtnership. Artie\<• 4!17 authori7.es us in cases bf this kind "to make such findings upon the facts and rrndl'l' such final judgment us justice and (•(1uitr rc1111ire." The judgment below is rl'\'l'l"Sl'd, and we find from thr evidence the following facts: ( 1) The allegations of th1• complaint as to the mnrriuge of the parti1•s and us to the acts of adultl'r}' committrd hy the drfl'ndant arc true us therein stated 1•xcept us to the datl' of tlw adultery committrd with GrPgoriu Bermejo. (2) The plaintiff, in tlw summer of 1882, at TnlisU,\", in the ProYince of Occidental X<'gros, committl'd udulter.r with one Zubal, u corporal of the ciYil bTUnrd. As conclusions of law from the fon·going fact!'i we hold that neitlwr purt.r i!'i entiti<'d to judgment of divorct• ngainst the other; that judµ:ment lw entered that the plaintiff take nothing by her action or the dl'fendant by his cross demand. nncl that neither part:.· reco\·pr of tlw other nuy cost!'i either in this court or the Court of Fir!'it lnstunce. .Judgment will be entered accordingly fort.'· days from the filing of thi,; dl'ci"ion, und the case remandPd to thp court below. . .\rt>llauo, C .. r .. TonPs, and ::\lapa .. J.J .. Cooper und ::\lcDonough. ,J,J., db!'it•nt. .Tohll!'iOll .. J., did not sit in this 1•as1'. Juriymc11/ rctwnwd. (:\o.1300. Jnmu1.r>· 19, 1904.) '/'Ill~' f,".\"J'l'HJJ N'J'.-11'/~'N, cum1)/aim111t uml appf'lfont, r.~. RAF.4.f,'f, ('f:RF..I .\"'l'/~N. tfrft'1ul<uil a11d 11ppcllec. C111m!'A1. I.Aw: IJRJGASll.i.<a:: E1·mr.NcE.-ProofthutmemlJcr.; of the Unnd to which the defendant belonged were thiC\"CS is sufficient to justify a finding thnt the bum! was orgnnizcd for the purpose of robhery. APPEAL from a juclgnwnt of tlu· ('onrt of Firs\ lnstanrl' of Rizul. Thi' fiu•ts arl' st.atl'd in thl' opinion nf tilt' (·011rt. 8olicilor-GP1wrnl AllAxt;TA, for app1•lla11\. ('J.,\UO Hi,;n:H, for ap1wl\C'('. AREf,f,AXO, c . . /.; In this f'l\!i(' a l'Omplaint was fik(l and pnwrr1\ings institutrd 1•\rnrging the t\efC'ndanl with hrigalHlnge, and UH• court found the facts us proYed; hut. eonsidt•ring tlml the nl'ts charµ:t>d in till' 1•0111plai11t nrr not sustained by tlw p\·idl'nt•P, in that it was u11l pro\'cn that tlw hand of whil'h the llCCll!'iCd was n mrmbrr wa-; organizNI for the purpo!w of sh•aling prrsonal property, a!'i nllrged in tlw_ C'omplaint, Uw Ul'l'llf;(•d wns a('q11ilt1•i\ without prejudie1• to a subsrqucnt jll'osr1•ution upon the fa('ts 1•stahlishrd by the evidrnel'. The 8olicitor-Grnernl cnlls attention to tlw tP"timony of thr witnesse!'i ~fat1•0 di' hi Cruz und HPgino de la Pnz. Thi' former stnt<'d that during thr tiim· tlw band rl'mainccl in the \"illage tlwy went to l'nry house in sean·h of l'ITl'C'b, hut did not Sll('('l'<'d in taking anything- a\\'a,\' on ~H·l·ount of thl' prompt arl'i\"a] of assbtanc•p, Tlw othrr tcstilit•d as follow!': "l know llwm lo lw nwn who eoml' into thf' villngrs and bike p1·opel't)' whi<"h does not bc•long to thrm ;" "tlwy took thl' dti<·kens that Wl'l"P in tlH' huts of my \"illngl';" thu!'i show in~ tlw 1•nor of lh1• 1•ourt IJC'low in not finding that tlw hnnd of whil'h tlw uc<·used was a m1·mh('J' had robbC'I',\' for it!'i obje<"t. In our opinion thr l'Olll't did 1•n in this pnl'ticular, f Tlwn·forr, tlw faet!'i Hct fol"th in till' complaint being dul)· and "uffa·it•ntly Jll'O\"rd as 1•onstit11ti11µ: the l'l"inw of hrigamlagP. whil'h i!'i punislwd h)· Act 518, a<"C"onling lo artid1• I of this law we st•ntcn<·P the 1t11•11srd. Hafiwl C1•rnmtrs. to tw<'nty yrars' imprisonnwnt nncl tilt' (•osts :1nd n•\"('J'S(' tlw dt•C'isiou appPalrd from h_v tlw Uon·1·nmrnt. It is so onln1•d. Tunrs, ('oopl'l". Willnrd, '.\lapa. ::\Jd)onouµ:h, and .Johnson .. J.J., l'OJICUJ'. ,/11d_qmt•11t modifi('(l. [No.1376. Jununry21, JYO-i.) 1'1Jf,' C:.\"IT/~'1' ·"'"/'..17'HN. compfttimtnl 11ml tlf!JIC/11•1'. 1·.-; .• /. \".!/,. H.\"TJ.\"f,' 1\.1}{/~'U.;f,'.\", tlc{n1du11/ 1111d tlJ!l)('f/t111I. I. CRn!ISAI. LAW; K~"UFA: CO)ll'l-AIST IHI IS~"Oll)IA.TIOS: C•:llTAISTY.-An inrormation ror rslaftt which chnrgl's the dl'fcndnnt with npproprinting "the sum of 81,000. gold currency of thl' 1·nitcd 8111ll's," is s\lffi(•il'nl, 11ml it is not necessary to describe the funds with uny greutcr ecrt11h1t)'. 2. ID.; Iv.; ID.; Jt'DICIAI, NoncF..-Wherc the information chnrgrs thl' embezzlement of a certain sum of money in gold currener of the United 8t.ntcs it is not bad for not alleging the cqui\·nlcnt value in pc~elns, .nn<I the <'OnrL<; will take judicial notice of tile equivalent in the latter coin for the purprn;c of fixing the 11etrnlty. 3. In.; SF.STESCE; Pnt::lESct: (U' ACCl"St:IJ.-Thc fC(jllircmcnt of the \1111' thnt the accused be present pernonnl\y at the time of pronouncing judgment if con. vlctcd o( a felony is mu.ndatory, and in case of n fnilure to com pl~· therewith the sentence will be re\"erscd, without dlsturLlng thr nmlict, und the cnse remanded with instructions to the rourt below to pronounce judgment in acconlance with the provisions of the statute. 4. In.; i':sTAt'A: ,\GGl\A\'ATING CiltCL')ISTAS('ES.-Premeditalion a111\ frtuul nre elemcnt.s of the crime of cslq(n and ('lltl not l.i(• (•onsidered llS indcpl•lldl•nt aggrn,·ating circumstances . l'l'I" «mwt:n .. /., diss1•11ting: [1, Ir>.: Io.: Com'tAINT Oil ISt"Olt)l'.ATIOS: CEltTAISTY.-A compl11intch11rgi11g the embezzlement of "one thousimd dolhu,., golrl currency of the l"nitcd !'tat.cs," is bad fornotst.nting the value ther,.of in pcs .. tns, •IS the!'(' i~ no official ratio between United Sto.tes gold dolh1r.< and pesetas, and the pennlty depends upon the \"alue of the embl•zr.lerl propertr in the lnttPr coin. Al'l'EAL from a j111lµ:nwnt of tlw l'ourt of First ln"t•llll'(' of Laguna. 'I Ju· facts arr statc1l in tilt' opi11io11 of llll' 1·onrl. \\". A. KIX('Alll, for appellant. 8oli1·ito1"-GPncrnl A1tAXETA, for app1•ll1>r. OFFICIAL GAZETTE 171 ,Jouxsox . • !. : Thr d1•fN1danl was :H'l'UsC'd of tlw crimr of (•mb1•zzl1•nwnt in the langnag1• following, l"iz: "Thal tlw ><aid ,J. Yalt>ntinc Kards1•11. on the 2d dn:.· of April, rno:1. ,,·hilst acting- as postnmst<•r ;1t Cal11111lm, of the Provi1wc of 1.a;.:-mm. I'. !., and h;wini-:- iu his chargr public funds helouging to the post-olli1•1" witluh'c\\', for his own use nml benefit, the !;tin\ of $1.000. gold currelll'Y of tlw l'nit(•d Stall•,;. the pro1wrty of the l'ost-Omc1• Dc>partnwnt of llu· Um·1•rnnwnt of the Philippine Islands. contrnry to thl' . ..;talull's made and prodc!C'd in such cas('s." This ('omplaint was pn•simtl'(\ on tlw 2ith day of April, HIO:l. On tlll' 21st tlay of :\la;'>', l!JO:I, lh<' said act'Usrd prrscntl'd a ch•m111T1•r to the ><aid complaint, nlh·ging tlw following grounds, viz: Fir;:t. Thal thC' amount of tilt' funds all1•ged to have been cmhC'zzll'd dm•s not. appl'ar in thP complaint. ~ccond. X1•itlwr dot's tlwl'<' app1•ar in t.lu· complaint n dcscrip· tion of saitl funds in su('h a 11ull\lll'l' that un intelligent person can identify them. On Uw 22d 1lay of .:\lay the l'ourt o,·crruled the said demurrer in the fo\lm\·ing- languagr, viz: ··The nttorlll',\'S for thr 1H'('l!Sl'el hase thl'ir <'X('C'pt.ion on the fact that the complaint do1•s not ,.;tatC' the vallll' of the funds C'mbe7.zlcd nor specif,\' of what tlu•y consist. "A rl'ading of the complaint convinc('S me that thC'l'C is no ground for such C'Xel'ption. "Tlwrrforl'. aftC'r (·on,.;id1•riu,i..; 1.hl' J'('asons >wt forth by both parlil's, I nm of tilt' opinion that thl' l'XCl'ption !'rt forth should be on•rruled. and tlw iiccnsl'el mu,.;t an,.;\1'1•r to th1• complaint." On the same day tlll' eh•fe•rnlant wa,.; duly arraigned and plC'ad not guilty .. The 1•1rnsl' thl'1'1'UJJOll proc1•rd1•d to tl'ial on thl' same date. On the 27th day of ?llay, rno:1. tlw l'Onrt, aftC'r !waring the c\·idencc adducl'll in the trial of said cuu.~e. found thC' defendant to bC' guilty of the criml' of 1•ml)('ZZh'll\('llt of puhlie fund,;, urn! sentenced him to he impri;;o1wd for tlw lwriod of u~n ycurs und one du,\' of pn·.<:frlio mayor, pC'rp1•tnal absolute dis1pmlilication, indemnification to the Go\'Cl'llinl'llt in tlw sum of $1.000, gold. which must be imull' elfrctin• hy the• bone! givrn by tlw accused. and to the payml'nt of costs. On the 2d day of ,Jurn~, IUOa. the dt•fcndimt gavP notic(' of his intention to appeal to this court from said st>ntencC', The attonw~· for the def Pndant assigns th(' following t•nors, \'iZ: First. The ('Olll't 1•rrrd in O\"('ITnling- tlw demurrer interposed by the a('Cll"l'<i to the complaiul. Second, The court errl'cl iu prononu('ing jndgnll'nt ugain;;t thl' accused for a ''ddilo grurr,''"in tlw ah~l'nce of the accusPd. Third. Tlw 1•\'idencc addnerd at the trial does not IH'OVl' the guilt of tlw accusC'cl b1•yonel a n•asonahle doubt. Foul'th. Th<' court PrrPd in taking into eonsidnation tilt' ;;tatcllll'lit of tlw clNk with n·gard to tht> c•ondition and appearance of the muil bug mcntiom•d in the ri•corcl. In the first as>;ignme•nt of ('l'J'OI' it is all('g°('d I.hat the dl'mnrrer should have lwNl sustairwel l1rC'aUs(': "First. The complaint did not contain a dl'seription of till' mom·y <'l11l)('zzl1•d hy piece or denomination; sPeond, hl'C'aus1' till' p1·ualty fixed by article ;mo of the Penal Code for embezzleml'nt is based upon the numh<'I' of 'pcSl'· tas' rmbezzll'd, and that thP court could not measm'C' tlu· \'aluc> of the mom•,\· giv<'n in the eomplaint in 'pPsPtas,' th1·n· hcing 110 fixed cquivall'nt value of gold dollars in 'pes('tas ;' third, that 110 per.son should he held to ans\1·1·1· for a eriminnl o/T1•ns1' without due process of law, and in all criminal pros('(~Utions tlw clefcndnnt shall enjoy thC' right to d1•maml the nature and cansC' of the accusation against him and that the complaint must contain n description uf all the n•11uisites of the c1·i11H', so that the accused may know just what 01T1•11se lw must pn·pan· to defend himsC'lf against." Al th<' earl~· prncticl' nndl'r tlw common law complaints were 1nad1• 01· might he made orally. Thi" prnctice led to so mueh eonfu-;ion arnl c•mburrns,.;nwnt and deprivation of rights upon the part of tlw uccusC'd that in the yl'ar IG88 (FC'bl'Uary l:J) the people of GrC'at Britain dcmandC'd and received from the Prince and Princess of OmngC' what has l'Ver gjnce been known as the ''Bill of Rights." The bill of l'ighb put an Pml forever to om! complaints, and rr.quircd that tilt'rcafter every person chari:,red with the commissiou of crinw should not h1• brought to trial until aftl'I' he had bC'en inform('(l in Wl'iting, fully and plainly, of the nature of the olTC'nsc with which he was charg<•<L This provision of the bill of rights has been adopted in the Constitution of the L1nitetl States as well n.'l in the constitutions of all the States. lly Act 235, the Organic Law of the Philippine Islands, enacted by the Congress of lhe {"nit.I'd 8tates, ,July I, HI02, this ancient bulwark of the libertiC's of men was extendl'd to the people inhabiting these islamls. The object of thig writt('n accusation wasFirst. To furnish the accused with such a description of the charge ngainst him as will enable him to make hil'l dcf1·nse; and second, to a\'ail him;;rlf of his com·iC'tiou or acquittal for protection ngainsl a furtlwr prnsecntion for the same cause; and third, to inform the court of the facts alll'ged, so that it may dC'cidc whl'ther thPy arC' su!lic·i<'nt in law to support a conviction, if one should be had, (l'nited 8tat1•s t:s. Cruikslmnk, !12 l'., 8,, 542.) In order that this 1·pquil'ement may he satisfied, facts must be stated; not conclusions of lnw. Every crime is made up of certain acts and intent; these mu;;t be set forth in the complaint with rC'asonabll' particularii;\' of timC', place, names (defendant and olft'ndcd), and cireumstanc1•s. In short, thC' complaint must contain a specific nlll'gation of C'Ver,v fuct and circum.'ltnneC' necessary to constitute the crime charged, For 1·xamplt', if n nmlicious intC'nt is 11 necessary ingrc•dicnt of the pnrticulal' offense, then 11111lic1• must be all<'gt•d. In othl'r words, the prosecution will not be permitted to prov(', undl'r prop1•r objection, a sing!(' material fact unless the same is duly spt forth by propC'r allegation in his complaint. Proof or ('\'idC'm'P of umt1•rial facts is rendered admissible at th(• trial hy n•ason of th1•ir ha\'ing been duly alleged in the 1·omplaiut. ( H1•x rs. Ai;pinwall, 2, Q, B. D,, i)(i; firndlaugh 1;s, QuC't•n, :I Q. ll. I>., liOi; Conunonw(•nlth rs. Hart, 11 Cush. (:\fass,), I:JOO.) If p1•rsonal propC'rty is the subje<·t of the offense, it must be descrilwd with t•crtaintr, und in thost~ c•nses in which its \•alue is matl'l'ial thC' rnluC' must h<' st11t1•1l. Personal property can usually h(' dcscribC'd by the name by which it is gC'ncrally known. For example in a <·hargc of the rnhbc>ry of a horse or carnbao it would be sullicient lo dt'sCl'ib1• this prnpnty gimply as a horse or l'arnbao. lf, howe\'er, th<> vulue of thr horse or carabao is a urt•C's;mry t>lement of the offl'ns1• in ord('r that the punishment may be properly fixed, then the t•omplaint would not be snllicicnt if no value wus gi\'l'll to su('h propl'l'ty. Ji would be necessnry, for exampll', in c\•1·ry complaint uncler su\Jsections 1, 2, 3, 4, and ii of arlh·le ;)18 of the Pcnul Codi• to ullege some \'1tlue to the prnperty stolen. 1f the prope1·ty is made up of di/Terent kinds or of diffl'l'ent parts, then u vahw should be gi\·cn cuch. The complaint generally would be bnd if in sut'h a case a total value only was alleged. TllC'sc rules do not require that a minute description of the propel't}' shall lw gi\"1'11-thcy do not require an impossibility. For example, if a cll'rk. in sole <"harge of a business as agent or factor, collects, at ditfer{'nt times, sums of money, on gC'nernl uceount. ('Onsisting of \'al'ious kinds and denominations and tlwn frandulently appropriaU•s thPm to his own use, these rules do not rcquir<' the 1n·oset·ution to deserihc each piece of money so collect(•d ilml misapproprintcd. If the ·deseripti\"I' terms usC'd ure suffieiPnt in their eommon and ordinary neceptation to show with el'rtainty to the eommon understanding of int(•llig('llt men what the propNt,\' was and to fully identify it tilt')' will he suffiei1•nt. /11 oflwr /fords, the description of properly i11 .<iu"ch ca.~es is .w./1j1•c/ to the rrilc tlrn.t the la it' only requirc.<i .mch certainly as tlw nature of the 7n·opcrty and the circum8f(//1ccs Ifill permit. (Wilson i·s. f":tatc-. 69 Ga., 224.) !l less de172 OFFICIAL GAZETTE - - - - - - - - - - - - - - - - - - - - - !fl'<'<' of rrTtoi11IJ1 iR required in the description of the offcu.se when tlu· fact.~ which ron.~lil1dc it lie more particularly 1citllin the k1111rril'd!ft' of llw ri<'{c11du11I. Tlu•n• is •I µ'.('lll'rnl opinion that a grrnt.l'r dcgn·c of (·rrtninty is n·11uir1•1l in (·riminal ph•ading than in civil. This i:-i uot the rule. Tlw ><Hllll' rul('" of l'C'l'lainty apply hoth to compluinls in l'riminal 11r<•"c'<·utio11s a1HI prlilions or dC'mamls in civil l't1t1sc,;. Under lmih ,;y,;lrms l'\'('l'Y m•c•1•ssar:o.· fnct must he allC'grd with cl•rtuinty to a 1·0111111011 intl'ut. .·\llrgations of "e<'rtaint~· lo 11 common illll'llt" uwan that th1• fads must be set out in ordinary and 1·om·isc> l:rnµ:uaµ:<'. in sud1 a form that persons of <"Ommon unders\amlinJ! nm~· know what is nwaut. In thi>< eaSl' it is nllegC'd that the complaint was insufficient in that it die! not drs('rihC' lhC' "one thousand dollars" hy piece or d<'nominution or nilu<'. Our attention is called to scn•rnl CU>:ies in tlw l"nih•d 8lafr,; upon thi,; question. In the ease of Lavarre rs. St:1tl' (I TC'xas Court of .-\p1)('als, 685) the complaint alleged '.'thn'r hnl\(lrl'cl gold dollars." without alll'ging that th<'}' were \nwfnl monC'y or cnrr<'nl ('oin of t\u• United 8tutC's or of any <·onntry. Tlw <'Omplaint was hl'ld bad for this rl'11son. Th<' court tlwrl' stall's that "an allC'gation of \•alue is material in two re,;p<'('ts: First. thrrl' cun he no theft of an article unler-1s that nrtiele ha,; ('ithC'r intrinsie or reluti,·e vnlue, and no vnlt1e could \)(' proHcl uulC'ss alleged in the i_ndietment; and second, under tl1C' statutl' thl' degl"l'I' of punishml'nt for thl'ft depends upon the valnl' of th<' thing stolC'n." In the ('H><t' of thr l'<'oplt• rs. Ball ( 14 Cal.. 101) the allegation was "tlire<' thonsnnd dollars, lnwfnl monl'y of the lTnited States." This was heM an in><uflicient allC"gation h('(•nuse tlw particular denominatiol't or spC'1·i1•:< of coin must he S<'t forth. This was also a eomplnint for larCl'll}'· In tlw l'l\Sl' of PeoplC' rs. Colwn (8 Cal., 42) the language used \nls "four humlrl'd thousand dollars, monl'y, goods, and chattels." IIC'rl' till' :l('l'tlsrd !'ould not detNmine how much mom•y, what ,!.!OOcls, and whnt <'hatt<'ls, and tlw <'omplnint was therefore held bad. ,JU<l,!.!C' Ifaltlwin. in thr case of Pl'ople v.~. Green ( 15 Cal., ;JJ2). in com11u·ntin,I.! upon this <'Hse (People vs. Cohen), said: "It is tnw the court sa}·s mo1wy should he described as so many pil'l'l'S ~f tlw c·urrC'nt ,!.!Ohl or sill'er coin of the country, but W<' think WI' may wl'll infer that a twent}··dollar piece of the gold min of tl1r Cnitl'd ~tates is <'lll'rC'nt coin of the United States, and is of tlw value of twenty dollurs of our money." A <"Olllplaint for the crime of cmbezzlemC"nt ought to state the des<·ription of the property rmbezzled with the same particu· larity as i:< rcc1uire1l in a complaint for larceny. But in the case of lnn·eny the propC'rty was in the possl'ssion of the ownl'r, and Ill' is ]>rl'snnwd to know its particular deseription. while in embnzl<'m<'nt whHe the offense is committed by n person in the i·mll's<' of 11 long, continuous employment as a 1•lrrk, cashirr, or postmastt>r. who is dnily rrc<'h·ing and disbursing large !:iUms of monC"y. a d<'seription of thr piC<"t'S or denomination,; of the money i"' ahsolutC"ly impossible. In such a case, if his accounts arc cor· rc<'tly kept, thl• only de.'ieription which can be made is by a gen· ernl statl'ment of the amount which his books disclose. Is it to lw argued that a <•ashier, for example. who daily embezzles sums of molH'}' for months is to be dischurgC'CI from liability simply bl'<'Ull><I' the prosecution enn not gfrl' a minute description by pit'<'I' or (lcnomination of all the money so misappropriat('(l? England 11ns takt>n ad\'anc<'d ground npon this question, and by tl\C' Sl'\'l'llth and <'i,l.!hth George IV, chapter 2!), .'iection 48, enacted that "it shall ht> sufficient to allegr <'mhrzzlement to be of money without spe<·ifyinl!' any particular coin or ,·aiuable security, etc." In thr pr<'s1•11t casC' the hooks of thC' a{'ctlsed showed that he had the sum of $l.046.li4, J!'Old, Cnitecl 8tutes currcn<'y, belonging: to tlw Post·Offi«e Dcpartnwnt on tlu· lst day of ApriL.1903. He is dinrµ:l'd with cmhl'zzling "$1.000. gold, lcgnl monry of tlw l"nited StatC"s." This allegation is in substance in the terms of hi,; own u<·cotmts. and we fail t..o sec how he 1·un in any way mis· understand the allegation or he confused in making his d<'f<>nse under it. ft is argued that the eompluint is had he{'a\lsl' it failed ln nlll'ge thl' valm• of tlw property 1•mht'zzlt~d in tl'l·ms of ··1wsetas." lhw Jll'SO, ::\lt>xieau, is cquh·alC'nt to ii }){'Sl'tas, and by a prot•la· 111ation of Gon~rnor Taft issuC'CI on the I I th day of )larch, IIJO:J, the rnhw of $1, United States ct11Te1wy, was fixed at 2.60 pNms of insulur C\llTl'IH:y. This would make the ,·a\nc of $1, gold, <'qua! to 13 pesetas. Not only this hut the evidcnee showed that the ue{'Uscd was familiar with the exchange value of gold and l\lexicun for the reason that he had, on or about the Isl day of April, 1003, h<'en exchanging one fol' the othel'. L'nder the said proclamation it was the duty of the accused to pay to the Government or to account to the Government for every gold dollar l'l'el'i\'ed, either the gold dollar or $2.60, }foxican, its equi\•alent. There hns not been a time since January I, l!JOI. until April 2, l!JO:J, when $1, gold, was not worth at least IO pesetas. Figuring the rnlue of $1.000, gold, on this bm-1is. their vulue in pesetas would uL IC"ast amount to 10,000 pesetas. At the trial the said defC'ndunL admitted the follO\dng fal'ts, dz: (a) Thul on tlw 2d day of April, I!JO;J, he wus the postmaster at Culamba, in the Province of Laguna, P. J. (b) That on said 2d day of April he had in his posse!:ision as slll'h postmaster tht• sum of $l.04G.G4, gold curreney of thl' United Statl•s, und clainwd that on said clay he had remitted $1.000, gold. to the Postmaster or Dil'C'ctor of Posts at l\fanila. 'f11e defendant <'!aimed thut he had remitted $1,000 to l\Ianila through the mails. He also claimed that two pl'rsons (Green and Cunicosa) were Jll'Csent at the time (April 2) when the said money was sealed in thl' mnil saek just before the same was sent out in the mail. Green und Canicosa each deny this faet. It is trne that Green did sii:,"11 the "letter of remittance," etc. He testified that he signed said letter on April I, as u mntter of favor at the request of the ac<•used. It was shown by other proof that GreC'n was not at the office of the accused on th<' morning of the 2d of April. There was an attempt ma(ie to show that the said mail sack wns robbed of the $1,000, gold, while in 'transit to Manila from Culamhu, nnd therefore that the defendftnt was innocent. We ure of the opinion thut thi!:i proof was nbt suflicient to establish the fact. Upon considerntion of all the proof adduced at the trial we find that thr said accused did, on the 2d day of Apr'il. 1903, while ucting as postmaster at Calamba, i'n the Province of Laguna, P. I., while having in his custody and under his control public funds belonging to the Post·Office Depal'tment of the Philippines, appropriate to his own use and benefit the sum of $1.000, gold. l<>gal money of the United States, which was equirnlent in value at l<'nst to the numbel' of 10,000 pesetas, which offense is pro· ,·i<Jed for and punishable under subsection 3 of article 390 of the Penal Code. Under all the evidence given in the trial of this cause we find thut an ocular inspection of the mail saek, in whid1 it is alleged the said money was sent to Maniln as <'laimed by the accused, would not aid the court in l'eaching ils eondusion. It is alleged that the court committed error in announcing its sentence during th<' absence of the accused. It is admitted that the sentence of the court below was announced to the accused in the jail, and not by the judge but by the clerk; that he was not brought into open court and informed by the judge there of the sentence. Section 41 of General Orders, ~o. 58, provides that "the defendant mt1st he personall}' present ut the time of pro· nouncing judgment, if the conviction is for 1t felony.'' The offense here was a felony. Jn all criminul prosl'cutions the accused has un absolute right to be personally presl'nt dming the entire proceeding from arraign· OFFICIAL GAZETTE 173 mcnt to scnt1·11c(' if h1• so dt•sirC's. Tn cnsc;; of fC'lony lw eun not waive this right. Tlw court in cnsc of felony must insist upon lhc prC'tWllCC' of lht' aC'cUs<'d in court during cv('ry step in the trial. The rC'cord 11111,.;t also show that the 11ccust•d was present nt ('\"(•ry :<tngc of tlw prosecution. (I!opt 1:s. Clah, 110 l'.. 8., !574.) It. is not \\·ithin lhf' pO\n>r of tlH• court, the accused, or his counsel to clis1)('11sc with tlw provisions of Gcm•ral Orders, No. 58 (sec. 41), as to the p('rsonal JH't'i;rm'C' of th(' accused at the trial. \Ve mean by the phrns1' ··at tlH· trial" to inl'lnde cvt>r;ythiug that is done in the cour~l' of th<' trial, from the arraignmrnt until aftt•r sc11tm1c1~ i:-:< n1mo1mccd hy tlw judge in 01wn ('Otll't. Tlw quc,;lion i>< what f'ff<'cl shall a violation of the tt•rms of sl'etion 41 of (;('Jll'rnl OrdC'I'>', '.\n. :JS. han• upon th(• rights of tlw llC'CUSC'd. \\"e nre of tlH' opinion that for thi:< l'rror the scntcnc(' of the C'ourt hl'low shonlcl hC' rt•vc>rsPd, without di:<turhing tlw \"c>rdict, and Uw cause remandrd with din•ction to llw court hl'low lo pronnlll\C'c tlw judgml'nt in ac<•ordnUC'l' with tlw Jll"O\"i;;ions of sl'ction 41. General Order.'l, Xo. iiS. TIH' court b(•low appi'l'('iatl'd t11·0 aJ!gra,·ating C'ircumsta11CPS provid<'d for in :<(•(•tions 7 and 8 of article IO of tlw l'l'nal Coch" as follows, ( l) pr<'m('(litation and ( :2) fraud. 'l'IH's<' conlltitutc> not aggran1ting cin·111n:<tanl'1•s in this C'l\Sl' but 1•lt•11H'nts of tlw off(•11s1•. There b"ing 1withrr aggrn1·nting nor ('Xfrnuating circumstance,;, under nrticlr 81 of tlw l'f'nal {'ode llw nwdi11111 dC'g1·r<' of prcsidio mayu1· llhonld he' imposl'd. Arellano, C' • • T .. Torr<'><, ;UHL ).lcDonoul!h. ,J.r., concur. Willard and ::\Iapa, ,J,J., concur in tlu· rPsult. COOPER •• /., dillsl'nling: ll~· tlH' pr'o1·isious of article ;,:~-t of the P(•nal Cod<', undn whil'h th<' defC'ndant has lwrn ("OnYict('(I. tl1l' (lt•gn•1• of pnnislrnH'nt for C'mbczzi<'lll<'llt dept·nds upon tlH' ,-aluc of tlH' Pmhezz!Pd proprrty: (I) \\'ith tlw pt•nalty of arn·stu 1/1(/yor in its minimum and uw· dium dl'grecs if tlw p1·opPl't,\· (lot•s not 1•xc1•('(l 2:i0 pc>>'wta~ iu amount; (2) with that of 111'/"<'Sfo mayo/" in its JlU'(iium dC'gTN' tn pr('sidio corrcccional in it!i minimum d<'gl'<'e if the property ('XCPC'Cls 2;}0 pes<'tas and not h<' mor<' than fl.250 p(•setas,: ( 3) with that of prc.~idio correcciorwl in its minimum and nwdium tleg1'<'<'S if it llhould exceed 6,250 J)(' . ..;l'tas, Ther<' being no fixt•d ratio i!C'tWC'l'I\ gold dollar . .; of L'nitPd 8tatl•s currency and ]J<'M•tas, whi(•h is n Spanish siln·r coin. it was nc>c<'Ssary to state in the complaint the \'alue in JWSPtas of "one thou· sand dollars, gold ct1rrl'ne~· of the Cnitl'd Stakll," al\1•g<'d to IHH'<' be<'n embezzled. For this defect in the complaint th1• judgment should he rever;,ed. This view will rl'rnl1•r it 111mecessarr to C'onsicln the otlwr <pw"tion.'l which ha\'c hel'n diseussed in tlu• majority dPC~ision. and npon which I <'Xpress no opinion. Jml,qmc11t modified. STATISTICS FRO!I BUREAUS OF THE INSULAR GOVERNMEXT. BOARD 01"' HE.\.LTH FOU THE PHILIPPINE ISl,ANDS. Jlitu1 stntistics fur 11w11th of IJer:1·111lwr, J!H!.1. LE'ITER m· TllA:'iS~llTTAL. ~lAXILA, P. T.. ,fa,n1uiry 18, 1904. SIR: I havp thf' honor to transmit the following report of the operations of the lloard of lh:alth for the month of December, 1903: Thf' most important <·au~l';:. of mortality in thf' city of }lanila 14678--2 1lul'ing the month, with the number of ch·aths thel'('from, were us follows: Convulsions of childr1•11. :l:ll; pulmonnr~· tulwrenlo ... is. j;~: <•c·lnmpsia. nonp1wrpernl, (iii; 1w11te hronchiti:<, :iii: (•\ironic· hron(·hitis, :li: b(')·i-beri, :H; llll'llingitis, 21i; diarrlH'a a1ul 1•11Writis, 2a: <'ongenital debility, 2:J; :-;Niile debility, 21; d~·sl'ntl'fy. 15; 1111tlarial fc1·<'r:-i, 15; cardiac di:<l'll:<<'. l:J; AsintiC"' .. holl'l'a, 11; t~-­ phoitl fe1·pr, 10; acute rwphrilb, fi; pneumonia, :i: t1•tanus, 5; plague>. 2; smallpox. 2. Both l'as<'s of plague oceurred in Filipinos. who weJ'(' (\('ad when found. The two death,; from snrnllpox occurred in .\nlt'rieans, ;t l'ias" in whil'h this disease nssnnws an unusually s<'\"<'re typ1•. Tlw (il•at.hs from ('ho\l'l'a W<•J'1• n•dnced during the month to 11, 11u·rl' lwing a grntifyiug rcdn<"tion from the 26 tl<'aths from this <"Hl!Sl' in Xm·1·mh<'I·, the 118 in Oetoh<·r, a1ul the 21l3 in September. It is ('Ollficll'nl\~- aulidpatf'd thul \l'ith continuan<"c of the Jffl'sent mt>asnn•s the inf('(•tion of 1·holl'ra will he 1•rndi<'ated from the city durinl! lh1• month of .ranuary. Of tlw total d1•alhs l"l'J)()rh•(l in tlw C"ity during the month, 60.li pN ('('Ill o('(·UJ·1·1•d in l'hildr<'n who had not <•0111pl1•frd th<' first year of lif1•. Of tlH' total dra1hs O('('UJTing among tlw Filipino dass of 1111' population. fiii.8 p<·r C<'llt oc<"t1J'l'1•d amoug chiltlren less than 12 month..; of 11g1•. During tlw mouth two 1ww fr<>1' disp<"nsariPs ll'<'r<' put in opcratinn. As so far the:<e institution,; hav(• been l'<'ganh•d with !iOlll<' 1lisln1st hy thl' (•\ass of tlw populalion it is most de.'lir('<l to rl'iu:h, cs1)('eial ('ffort:< will 111• mad1· to populariz1• their 11;,1• hy the indigl'nt. Tlw following lignn•,; show th<• grn('l'al sanitary work 1wrforml'cl 1l11ring tlw month: .\total of i!l,i!lR inspP<·tions awl n·inspeetions of hons('" 11·1'1'<' nuull': :l.i:ll houses w1•rc clt•aned us a result of :<Unitary ordns; :!!) \\'t'I'(' paint1•d, and ii disinfecll'd; I.169 yards wc>n• el<'a1wd, awl :J:i r1•pu1·1•(L 1•ll' .. und<•r sunitary orders. A total of 180 ortll'rs for hou:<1• n•pairs W<'r<' <'ompliNI with during tlw month, :J(J2 ..;till awaiting adion. In the p1·1•\'Cntion of plnguc. :2-t.f):Jfl rats w1•n• dl'stroy('(I. In tlu· ril·er and harbor work. sanitary i11s1wl'tions \\'C'rc made of 781 water craft. The ('ll\'<·Hss(',; of li.:!Oi animals and fowls \\'('re nemated. as also :),!}8!} load;, of r<'fusC'. Th<' \'l'terinary di1·isio11 insp<'cted 7.!l.ii animals, of whil'h nmuhl'r J(j!) W<'I'<' cornll'mm•d and d1•sh'oy"d for (\isc>nsl'. Plumbing WOl'k wa:< completed in ;lj homws, whil(' the pail-cons('l'Yancy systl'm n•mond and (']paned 45.00!l pails and r<'lllO\'ed R5,:i00 gallons of matl'rial from nrnlts and (•('sspools. During the month Li:J!l primary inoculation.'l and l.408 llc>comlar~' .i1101·11lations 11·er<' made aµ:ainst plnguc, 95,liii units of y;H·<'i1w virns W<'I'<' i;,snf'd for ns<' throughout the T>ilands, and 7.40(i nw<'inations w1•re p(')'formed in th<' 1·ity of Manila. During tlH' month a 1•011rs<' of instnwtion for prol"illC"ial h<'alth offi<'<'rs was pnt. into op('!'ation in tlw C"it~· of ).fanila. Thi,.: <'Olll""<' <'Xfrnd.'l lff<'I' a p('riod of four \\'<'l'ks. is wholly prnc-ti<'al. and is intendC'(l to n•m('(l)' ~kfich•ll<'i<'s in sanitary training and indu<'e ('Ommon methods of l'Xl'ruting sanitar~· work hy the Yarions provinC'ial hoards of lwalth. Th<' C'Olll'Sl' will I)(' r<'peat<'d monthly until all prcsidc>nts of prm·ineial hoards of lwalth han~ <'njoy<'d its ad1·antages. whi<'h app<'ar to hi' highly appr<'l'inkcl hy those who c-omposed the> first class under instruction. The Murse of instnwtion inf'lmlf's municipal sanitary ll'Ol'k at a district health station. inl'lmling insp<'cliou of holl:<C's and food". diagno.'lis and removal of pblJ!IW and C'liolera cnse.'l, antiplague inO<'nlations. treatment of plngtH' h(H\.'l(•s. and 11011..;<' rlisinfr(•tion. S<'Vf'rnl day" are spent in the> work of port quarnntin(' and ship disinfl'l'tion, under thf' Phi<>f 11uarantinP offi<'('l': oh>i<'l"\'ation of the ,.p,·eral ml'thods in ,·ogne for reC'eption and disposal of <'Xrrrta. and in plumbing inspeC't.ion: instruction in clinical and post-mortem diagno!ies of epidemic discuses of Ii\'<' stock. and inspC'C'tion of meat at abattoir; prPpnration of prophylactic sera and vaC'rine.~; also the methods of inoC'ltlating against rinderpest and the ll~l' of fungus against locusts; methods 174 OFFICIAL GAZETTE of vaccination and prepnrution of \'Ucci nation l'C'Cor<ls; management un<l equipment of plague, cholcrn, smallpox, leper, vrnerenl. mol'gue, crematory, and disinfecting departments of the San Lazaro Hospitals, treatment of sick therein, making of postmortem rxumirmtions, and disposal of the dead; keeping of sani· tary re<·ords, C'nlcnlation of vital statistics, und preparation and use of reports. It is believed that this course of inslrnction will nrntE'rially imJll"O\'C the method of conducting sanitary work in the pro,·inces. V<'ry respectfully, Ca.pta.in 1rnd. ,L,~sis/a11/ Stt1"gcon, U. S. ,t,, .. tcting Com11ii.~sionc1· of Public Ilea.Ult. The SEl'llETARY O~' TIIE lNTERIOll, Manifo, /'. I. Population of ,1/anila. ----------------------------------------- 4,389 --------------------------------------------- 189,782 ------------------------------------------- 2,52fl -----------------------------------·--------------------- l,ll7 -------------------- -----21,~ Total------------------~------------------------------------ -------- 219,!Ml DeatM occurri11g during the month of Dccr:fllbrr. Rcpol'L 1if deal/ls oc1:urri11g in BUibid Pl"i~cm rlurillg tlic 1110111/1 of Df'('f'mber, 19(13, I Cerce I. i Presidio---~--1 . ~r~:!-. : r:i:~~· I Filipinos' Chinese !Total. male). I (nu\\e). , (mu.le). (male). C1111se of deeth. 1--1-D)8Cntery, 11.mreb1c ------------ 4 , __________ 1 12 I i~iJg~;:~~f i~~~~;~~:~~~~~!------011-::::::::~:i::::::i ~: :::1 .__i 'l'otaL .. ____________________ I 19 1 1 j 6, 1 i 1 Moro. 2Unknown . Condition: Single .... --------------------·------------------------------------------ 13 Morrlcd ____________________________ ---------------------·-------------- 13 Unknown------·---------------------------···------------------------- l Cemeteries, Loma_ --------------------------------------------- 27 Of the total number of deaths occurring during the month of December, 1903 (935 including transients), 616 were persons less than 16 years of age. Of the remaining 319 adults of both sexes only 140, classed below, had definite occupations: Laundryman ___________ ---- __ ---- _____ ----- ______ ----------- ------------ ____ 1 Contractors__________________________________________________________________ 2 Laborers_____________________________________________________________________ 29 6 Co11.chmen. --------------------- ;; 849 Lawyer ---- ----------------- -----------------------~----- ___ ----------- _ ___ _ 1 l Su.ilors _________________________________________ ----------------------------- s 1 Farmef"!_____________________________________________________________________ 3 29 HaLmeker -----------------------------------------------:·----------------- 1 5 Painteni_____________________________________________________________________ 2 3 g:~i:!"~~-::::::::::::::::::::::::::::::::::::::::::::::::~::::::·---------- ~ Total _______ _ __ ---------------------------------------------- 894 Students - ---------------------------- -- -- ------------------------ 3 Servants _______ ------------------------------------------ 3 Annual death rate per lhou80ndfar the fllOnlh. ~m~ri:sn~_::::::::::::::: ::::::::::::::::::-------·-:::::::::::~:::::::·:::: ~~: ~g Spe.nlards --------- ----- ------------ ----------- 4.66 Other Europeans---------- __ ----- . __ -------------------------------- 10.54 Chinese--------------------------------------------------------------------- 16.09 All others. ____________ ., _____________________________________________________ 65.83 Average·-------------------------------------------------------------- 47.89 A c/Msi}ied Teporl of all drotli8 occurring in Manila duting the month of December 190S. ' Married.-------------------------------------------------------------------- 102 \Vidowers ------.------------------------------------------------------------ 19 Single -----·----------------------------------------------------------. -----. 80 ~~~~iluon-iiot~tiiedli";ce-rtiiiOO~-::::::::::::::::::::::::::::::::: 3~ Gate keepers__ ------------------------------- 2 Merchants _________________ ----------------------------- 13 Cook---------------------------------- ---------------------- I Sil versmlths. --------------- _____ ------ ____ -___ ------ ----------- ______ ------- 2 Barkeeper-----________ ---- _______ ----------------------------- __ ----------- _ I Messengers ---------___ -----_ ------____________ -----_______ -----_ -------___ __ 2 ClerkR----------------------------------------------------------------------- 4 Grasssellen----------------------------------------------------------------- 2 Tailom .... ------------------------------------------------------------------ 5 Mason----------------------------------------------------------------------- 1 Ste we rd _ ------ ---- __ ---- - ----- - ---- - ---- --- ------ -----·-- -- - ----- - --- -- - --- _ 1 Storekeeper---------------------------------- -- - ------------- 1 kCr::::::::::::·:_::::::::::::::::::::· _________________________ _ 1 1 2 1 1 1 Total .. -----------------------------------------------------·--------- 107 Total ____ ··-----------------------------------------·----------- 642 Laundresi;es.---------------------------------------------------- 14 Married .................. --------------------------------------------.------ 55 "'idows .•.•• -------------·-------------------------------------·------------ 29 ~11~fs1~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: J~ Condition not stated In certiBcat.ee ----------------·---·-------------------- & Total _______________________________________ _ ---------- 993 Grand total ____________________________________________________________ 935 Stillblrtha, 20. Comparative morWlity from JamUlry 1, 1900, to December SJ, 1903. I _~1_100_1 -1-1002_1_1'°'_ Month Num 1Annual1 Num-1Annual Num- IAnnual Num-1Ann11al ber of death ber of death ber of death ber of death deaths rate per deaths rate perl deaths Irate per deaths rate per 1 1,000 1,000 I,000 I 1,000 Seamstresses ______ ---------------------------------------------------------- 7 Shopkeepers ... ____ --------------....... ---- ..... -... -...... ----------------. 3 Beggar_.----------- _ -·--------------- .... ------------------. ---... -----. ----- l S!lveremlth__________________________________________________________________ l Servents·------------··------------------------------------------------------ 2 Milliner--------------------------------------------------------------------- 1 Cigar makers·---------------------------------------------------------------~ Tate.I__________________________________________________________________ 33 Grend total ... --------------------------------------------------------- 140 Birlkll reported in December, 1903. 1 I MILie. m~~~Total. ~~~~~~~~11~2!i1~ ----- ----------·-- - - - - - - - - - - - - lineomplcte. Januar~ ----~. ~ ---;-79 ~'13 I~ -~;;-;~I '6021---; 89 ~~~~:.~~~:·--:: :~ :ni 1 :~I ~ ~ :~~ gg M 1 :ll~ ~ ~ ~11_ - - :~~1 ~g:1 ar:1 :i~~ :u~ ~~~ :r,~ r,~ 1~1:;i:::::::: :i~ 1 1 g!:~ i ;~I ~:~! 1 :~:~~ ! 5:* !~I ~j~ A Septembcr _____ II,02i 50.0ll' 2767188.1'11'1,132145.61 qmll 67.97 Anni1al birthrate vcr tho11~andfor U1e mmi/h. ------------------------------------------------------------------ ;),36 -----------------------------------------•----------------------,_23.83 October _______ . 1 961146.2.1 l!S,'>5 41.16 9'27 36.H q'217 65.19 November ..... · 1 976 48.48 21!48 42.18' 1 11,oas. H.70 ~974 53.91 December·-···! 1 90.5 43.54 ~8."'8 I 41.30 7531 29.36 2894. 47.89 ------------------------------------------------------------------ 27.96 6------------------------------------------------------------10.54 ---------------------------------------------------------------- 0 others .. ·----------------------------·----------------------------------- 13.16 ~ R::i~ ~~ ~~:~~~ ~~ ro~~l:il~~ ~~ ~~~:~r f~c:ia~~ P:M.rimcnt's census). Average·---·--------------------------------------------------------·- 21.10 OFFICIAL GAZETTE 175 Report of prcsaiplions jilted nt tl1e municipal dispensaries, ehowing districts a11d sex of prr-·m1s /o il"lwm mcdirines ltat'C been given dt1ri11g the m011th. fo'illplnos. · - · · - - - - Districts. Adult. I Children. I Total. M. · 1 F.. . Roy. . o;,1. . Sanitary District No. 1, San Nicolas---- 1 1 0,-l --~8 8----;, - -,;1----;; Sanitary District No. 2, Tondo ----------1 I I •• So.nitary District No. 3, Qulapo --------- 26 ' 31 9 11 I 77 :~l~~~: m:~~l~~ ~~: t: ~:::it;Si~_z_::::: 1~ i ~ ~ ~ ~ ~~1!~~~fci~~~~~~E~~~·-~~~~~~~1~~~~~~~~~ 25 i o 2 1 2s I 93 Total _____________________________ 1 --zili-:!231------,S',-----n------oo? Report of sick and 1vo1u11led city poor a fl ended by 1111111icipal phyeida118 d11riflg the mm1th of D1·cember, 1903. -----1·;_-1-Filipinos.~~-~l:=--,-~cco\"- I - , Sanitaryd1strict ic~~-1 Adult I J~~ l~:i!t ToW.l I cries. [neaths.l~e~~f adult male I I visits ruolo ,. IF IMTFI M F 1>1 Ii M--FI Samtaci d>.tnotl-1I - -1 I 11-~Jds 1:_~0 ~!~:_I _____ 1 g s I 5 1 _____ 14 816 3 3 I I 123 Samtary district I Sa~~ta~y ToJ~~ici_I ______ 11 I 12 1 7 G 1 ______ 18 18 8 5 6 7 144 Sa~?ta~yQud~ririct 1 . __ _ 9 I 13 4 2 l 14 15 9 81 2 l 73 Sar:if~r~n:S~~~i 110 1 10 5 21------1 1 16 12 1 io , 1____ 2 Ha Sa~~ta~~ In~~~~~ I I I I No 5, Sampnloc ______ 1 29 32 10 14 ------ 39 46 19 20 5 8 2'l7 .. ':. .. ;, ---.1;,;;0<·1- - - " 118112 ' 1·----- " I '; I " 21 I • I I I ,., i'n~t1.· ~~00• -~~~-1==~ _::__:I~ _ _::_1~1_2__2:__1__!_1~1~ __ ~otal ________ 1 1 [100_ 1171 ~9 I 481 1 1157 1 165178 t: : 28 ~ll_'OHi General inspection of house8, premises, etc., with improvemenbl ordered, by medical inspectors, chief sanitary iwpector8, and sanUary insper,tor8, for Ille month of Der,emlicr, 1903. H~i~~i~t~~¥~~;}~~¥iJ:f:;~::t~=~:~~~~~~~:~:: ::::~~ ,;:~ Houses ordered cleaned (verbal)------------------------------------------ 4, 037 ~~= ~~~e~:~-\Viiite\V&She-.rarid-pa-1iited:::::::::::::::::::::::::::::::: 3• 7}g Ho1Lo;es whitewashed and painted ____________________ --------------------- 29 Houses d!sinfectt'd----------------------------·---------------------------- 77 N"umber of houses recommended condemned and removed______________ 7 Number of house.~ condemned and removed _________ -------------------- 1 Number of localities where "squatters" are located_______________________ 22 N"umber of i;amples of water from wells sent to Laboratory_______________ 1 Number of O Number of O Number of o Number of 38 Number of lM Cesspools nnd vaults ordcrt'd cleaned _____ -------------------------------- 294 ~~~d~~;~ni1~ane;.f:::::::::::::::::::: :::::::::::::::::::::::::::: 1.fs~ y 1.~ ------------------ 46 a srep 35 Number of 2 Number of I Number of 6 Number ol 7 Number of 195 Number of -1;::::::::::::: .... __ 186 Number of o ers awa t ng act on------------------------------- 302 Number ol orders pending in court______________ 28 N'uml.lcr of food tiendas in district----------------------------------------- 1,574 Number of persons convicted for v!o\11tion of food prohibition order______ O Average In \'!siting each street and barrio during month__________________ 18 Number of regular inspectors on duty--------- 48 ~~:~:~ ~~ HCis-Pibl1 _ ~ Number of 3 Number of --------- 2 House.~ in ------ 14,630 Horu;es in e.ne Is placed----- ------------ ------- 2,404 Traps set------------------------------------------------------------ ______ 31,569 Plates with ratsbane placed---------------------------------------------- 7,440 General inspeclion of ho11srs, pre11tlse8, ete.-Continued. Rats caught by rat catchers------------------------------------------------ H, 627 ~~ ;~~~:~~:~;~~~;~::::::::=:~;;~~~~~~;;~~~;~~;~;~~~~~~~~::::::::: 9, ~ JlfQnlhly sa11U4ry Teport, S«Uion .A, San Nico/M, haTbor and river, December, l90S. f iEl~{i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ l17 " 48 0 0 0 Plague cases reported .. __________________ 1 Dead bodies found in river and harbor------------------------------------- 4 Cn1ft fumigated------------------------------------------------------------- 19 Burials, December, 1903. Loma {Government)-------------------------------------------------------- 571 Paco General (Government)------------------------------------------------ 24 Sant.ft Cl'\lZ ------------------------------------------------------------------ 8 Ba.lie-BRllC ----- ------ ----------- -- ------------------ ----------------------- - 126 Binondo--------------------------------------------------------------------- 16 Tondo----------------------------------------------------------------------- O ~:r:~b~~-=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ Pa.ndacan ---- -------------------------------------------------------------- S8 Chinese--------------------------------------------------------------------- 39 Crematory ------------------------------------------------------------------ 2 Santa Ana------------------------------------------------------------------ 19 ~~ei:;r~ ":~!~~f!_~~~~-t~:!..::::::::::::::::::::::::::::::::::::::::::::::: i Embalmed------------------------------------------------------------------ O Total----------------------------------------------------------------- 955 Twenty of the above were stillbirths and 41 t1"11-nslent residents. Disi11termt11ts,Derc111bcr,190J. Paco Cemetery--------------------- ---------------------------------------- 3 J,omo________________________________________________________________________ O nullc-Balic__________________________________________________________________ l SanlaCl'llZ ------------------------------------------------------------------ 9 Chinese Cemetery (for removal to China) ---------------------------------- H Malnte ---------------------------------------~------------------------------ O Totu.\ __________________________________________________________________ 27 .llontltly repo1·1 ofdisi11ferliom1, Deeembcr, 1903. ----~~-.-------[ ~~is~~~-1-~r~o~r fections. tacts. WJ~ii~~,:~mm~mm~m~m~m~mmm\\\m::I ] :--~1! surr11 _________________________________________________________ 1 14 o Insa.nit.ary <-'Ondltlon -----------------------'------------------! 35 j 0 ____ Tora1_=~~--=-=~~~~---~===-------' -~~L. l~ Report of Veterinary Division/or Derember, 190S. lDavld G. Moberly and Murray J. Myers, veterinary surgeons.) On arrh·al in city: im11 il ~j~~t *f~~~~~=~~~~~~~~=~~t=~~~m=~~=~~~~~~~~=~~~ :: m ~~~~~~ ~~ ~f:~ ~~rr:~~=~nspecte(f :::::::::::::::::::::::::::::::::::: ~b Total------------------------------------------------------------------ 7,952 In Govcrmcnt abattoir: ~~Egi~~1~~~;1~i!f5e~:=,::::::::::::::::::::::::::::::::::::::::::: ~:pj Total ________________________________________________________________ .. 7,99; Number cattle condemned and cremated----------------------------------- 13 Number of hogs condemned e.nd cremated___________________ ----- l!'I Number of hon;es condemned for glanders--------- ----------- 26 Number of horses condemned for SUITll. ------------------------------------- 20 Number of other 1Lnlmals condemned_______________________________________ 95 Total------------------------------------------------------------------ 169 176 OFFICIAL GAZETTE --~--------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tabulated Blalt11Unt of amount of 1•acl'"i~ 1•fru.s dMributed by tl•e /Joard of llcalt/1 duri11g tlie 11umlh of December, 1903. Units. 8~1~ ~::::: ti~rc-ue~iiii-;;n.riiilf.illC~HOSPltai-S.?Tl·iCe-:::::::::::::::: ~: ~~ lnhllbitants of the Philippine Islands (Manila not Included) ------------- i3,500 SOid to the public__________________________________________________________ 9& Used by public vaccinu.tor and other institutions in tile city of Manila ___ 13,300 Total ----------------------- ---------------------------------------- 9.';,li5 Report 011 rarciriaUon,_cily of Jfanila, drir-ing the month of lh'cember, 1903. I Children. Adults. Total. 1 -- - - - Aci:~~! - . : A~~~~I-' ' 'A!~~lGrand District. Fili- Chi- and i F;/~- ~ Cbi-1 ttnd · ~:~-I Cbt-1 and total. if~_ lncse. cf~?I noo. ~.nesc .. e~~~-1 nos. ,nese.1 cf~~:,';~~~~;lt;_;-~l::j~-:-~~-:_!_j~ i ,r,. ,~: • ;i: i ,r, i ·~: m ~1;.~~~~~::: Ws [ ___ '._ ------~- ~~~ -~~'.- ~ i ~ !-~~-' ~ l,~ ~t~i:~ ~ 1:::,r ;;}:1 ~~ 1:'.~t===:1=1 m ':_~\::::: 1 m Tot.nl ___ 12~ 410 i -~; 7 _1_4, ~..l ~ : _ 189 16, 485 -~5 ! _ -~46. i . ~· 400 Smallptn report/or ltfanila,jrom December I lo .iJ, 190.,. '_c~ses I Dea.~ -------· ____ _ __ _ IM 1__:_~_!_ ~;~~~,::::::::::: ________ ::::~:_::::=_:===:-~==~:~': ! I_ ! ! ! ! SmallpQ:r. repQrlfor Mmdla,jrrnn December 1 to !H, 1908-Continued. I ' :: !!~'.=~~·=!~=:=::=:::::_:::::::=:=:::::==:::=::==::=1--~i~ Number of clllles found "alive'' ----------------------------------------------- s Number of CMeS found "dead" ---------------------------------.------------- 1 'l'otaJ __________________________________________________________ _ RepQrt of Clline~c receiving primary a11d sceomlary inneulaliuns agai11$l JJlag11e from Board of lleallh physit:iam1fro11t .llay 11 to December SJ, JOOS. San NicolM. Tondo. Qulapo. [ Santa Cruz. Period. 1;~11J:i~-101~d~~y 1;~!1:.-Io~: ~~~~-1 o~:J;~y I ~~ii:i~I o~~i;;rv oculn- inocu- 01:11\11.- I lnocu- oculn.- inocu- ocula- lnocu: _ _ ---~0~1-~'1~~~~s. ~1111.tions. ~1111.tions. tions._ lations. k~11~~=~~~~1} _ __!~_1__ __ ~1_ ----~r __ ~: ::::~:!::~~~~ --1~~-:::::;•j ~~: .. t~======I ~ I = I ~~~ I ~~g m ~ ~~ ~ Total ____ !2,iTITl.26012,007~1,ml~S,OO~ Sampaloc. lntmmuroi;. IEri~':O.:a.~~~~te: _Total per city. Period ~;iTnR lo~~~fT: 10:~~:1•;~~~-~j~~y ~i:1n~- o:~~~y ocula mocu oculn mocu ocula 1noc11 oculn- mocu tlons latlons tlons lat1ons r tlons lnt1ons tions lntions ~·~l~'~>~!~:~~ ;~, ;~ Total ____ l~i-;f4f-~i-632T--7661----:f76~1~ Bubonic 1ilagru: reporljor Jfanilafrom December 1 lo IJJ, 190/J. - -~----~-~~~--1~1 Doath• M.11". M. I F. . --------1-~iHK!::_:::::::::::::::::::::::::::::::::::::::::::::::: i i a a ~~~~;:~~~~:::~:~~~:~:::~~::::::~:~::::::!_~ './J : ~~~!~:~~:~~:~~::::::=~~~:::=::~_::::::=:-=::::==:_::! ___ ~I : Number of Calles found "alive"------------ -----------------------.·---·-·--- 0 Number of cases found "dead" ------------ ------------------------··-------- 2 Total ______________________________________________________________ , ___ , 2 OFFICIAL GAZETTE 177 Cl1olera report for Manila from December I to SI, 1903. !II. F. 1\L I F. II c~":_ _ D~ath• -------- --- --------- .... -- ----- --- ~1i:~~c:: §! ~ ':j .~ .. !I.!!, ! Ceses. I Deo.ths. San Nlcolo.s __ _ Tondo -------- -::::::::::::::::::::::::a--i.11-::::::::::::::::::::::: _______ :::::::::::::::::::::i Sa~~~\na:::::::::::::::::::::::::::::::::::::~~~~~~~::::::::::i i I 1 _Total---------=--~-=---~-=~-=~--~--~=-------------:_ --~l ___ ~~ Number of coses found ''&.live" --------------------------------------------Number of ('8Ses found "deo.d" --------------------Total--------------------------------------------------------- --- 14 Epidt:mic of cholera in the cily of Manila and provi11ce1t from .II arch to, J90t, to Decembt>r1,190S. Re1Jort of dwlcra occurrillf/ i11 pmrillce8 i11 tltc PMl1)1pi11e blanrf~ rf11rillr1 t/1 e montlt "f December, JOOJ. Province o.nd plaee. ~ : ! Total.-! Cul!l!. IJ)eath~-1-Ca~~ D--;11.tlu;, .Antique, Pantl&.1•------------------- j2 < II ---~l !,--~,-;,-----;! Bataan. Limay (Orion)------------g~~i~f:~:~l~:~-~-~~~::::::::::::::::::::::_::--1 :l I :l !, 8 : ti Bulacan ____________________________________ I -----:;;-! Report of cholera occurri11g i11 province~, t'/c.-Continucd. Vital statistics for the month of January, J!JO.t. MA:-.-lr.A, P. I., February .'!4, HI04. Sm: I have the honor to make the following n•port of tlw operations of the Bureau of Health for the month of .January. 1904: The more important causes :if deaths occurring in the population of the eity of l\fonila, with the number of deaths, were as follows: Convulsions of children, 2i2; pulmonary tubl!rculosis, i8; eclampsia, non puerperal, 4i; chronic bronehitis, 41i; congcni· tal debility, 40; acute bronchitis, 34; diarrhea and enteritis, 31; meningitis, 2ii; bel'i-beri, 25; dysentery, 18; malnl'ial fevers, 13; endoearditis, acute, 12; pneumonia, ll; Bright's diseasr, 8; bubonic plague, 7; cerebral hemorrhage, 6; puerpernl srpticwmia, ii; typhoid fever, 5; Asiatic cholera, 3; tetanus, 4; leprnsy, :l. Of the abo\•e-mentioned causes and deaths, the following oc· curred in infants prior to the completion of the first yeu of life: l:onvulsions of children, 272; eclampsia, non puerperal, 47; chronic bronchitis, 32; congenital debi1ity, 40; acute bronehitis, 32; diarrhea and enteritis, 24; meningitis, 15; dysentery, l; pneumonia, l; tetanus, 4. Of the 796 deaths occurring among inhabitants of the city, 475. or 5!1.6 per cent, occurred in children less than 12 months of age. Asiatic cholera showed u gratifying deerease in the city for the month, there being but :J cases among residents am! l among transients. There were 3 eases prior to Jnnuary 8, with 11 sporadi<' c·ase in a transient on ,January 28. Outside of :Manila, a total of 339 cases with 253 deaths was reported from l l towns of 3 provinces, but o! these 324 cases with 240 deaths were not previously reported. The total of 15' cases and 13 deaths reported us occurring during the month occurred in 4 towns of the Provinces of Nueva Ecija and Occidental Negros. The eholera situation through· out the Islands is very encouraging, and it is thought that this disease will play little part in the mortality returns in the future. There were 2 euses of smnllpox during the month. of which one> reco\·ered and the other remains under treatment. 1 78 OFFICIAL GAZETTE - - -- -------- - - - - - - - - - - - - - - - - - - - A total of IO cases of plague, with i deatho;, occuned during the month. Of these, 6 occurred in Filipinos, of whom 5 died, and 4 among Chinese, of whom 2 died. Of the Filipino cases, nil oecuned nmong residents in one house; nnd the single recovery occuned in a girl, who, as a contact, received an injection of nntiplague serum about thirty-six hours before de_veloping symp· toms of the disease. During the month 2 cases of plague oc· curred in the city of Cebu, which is the only other point in the Archipelago in which this disease has been able to secure foothold. There were 20 deaths among prisoners in Bilibid Prison, of which j' occuned from tuberculosis nml i from lobar pneumonia. As mentioned in the annunl report of this ofliee for 1903, the denth rate among the inmates of Bilibid Prison is high. The nnnunl birthrate for the month, for the city of Mnnila, was 25.01 per thousand, but the birth returns sne as yet incompletely reported. ln the work of sanitary inspection, thPre were 45,039 inspections and reinspections of houses made during the month; 5,981 houses were cleaned as a result of sanitary orders; 61 whitewashed or painted, and 76 disinfected. A total of l.968 yards were cleaned and plo.ced in good sanitary condition. A total of 31,065 ruts were destroyed in the pre,•ention of plague. A total of 1,274 inspections of water craft were made; 160,515 units of vaccine virus were issued for use in the Islands, and 6,450 vaccinations performed in the city of :Manila. Very respectfully, E. C. CARTER, Major and Surgeon, United States 11rmy, Commissioner of P11blic Health. The SECRETARY OF THE INTF:RlOR, Jla11ila, P. I. Population of .Vmlila. America.us ____ ----------------------------------------------------------- 4,389 r~~~l:~s-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 18~:~~ Other Europeans ____________ ·-···---------------------------····---------- 1, 117 Chinese . ___________________________ . ___ ------------ _______ . --------------- 21, 230 All others--------------------------------·------·-·· 89fl Total ___________________ ----·-···--·-··-----·-···-----· -··-------- 219,9.U A elauijied reporl of ult dcath11, ete.-Contlnued. Number of deaths with medical attendo.nce________________________________ 383 Number of deaths without medical attend1mce.____________________________ 443 Total ----- _ ------------------------------ _ ... --. __ ---- ____ ---------- ___ --s26 Con11iai·a1ive morlality from Jan1mry 1, 1900, lo Jmwai·y 31, 1904. Month. January-----···--------------------· .... February-------------------------------March __________________________________ _ April •• ________________________________ _ May ______________________________ _ June·------------------··--···-··-------Ju\y _____________________ , ______________ _ August ... ------------------------------September ------·-----------·-----· ----- _ October------··-----------------------N ovembcr ..••• __ ------------ _ ----- _____ _ December ------------------ ____ ... ____ .. -----------1900. 1901. Nu!:}ber ~~~it1 deaths. rate per 1.000. II,0..'>5 '"" ''" IBQ.l 1732 lf)\19 1787 182."> IJ,O'l7 1961 1976 "''' Number Annual of death dcnths. rnte per 1,000. 17f>3 1689 ''" ""' ... 1621 '"" '700 1767 '"" ~848 '"" 36.2."> 36.72 42.66 44.07 43.47 30.89 29.27 33.79 38.lf/ 41.16 42.18 41.30 Report of dealh11 occurring in BiiibW Pri6on during the monlh of January, 1901,.1 ma.1e. ··n11p1nos~j---74~ PJ~~- I ~=f." j Total. j :Gli~~~J~~~~~-, .. , .. 1,~1:,--i Deatli11 occun-ing during tlu; monlli of Jamuiry. Americans---------------------------Filipinos ___________________________________________________________ _ Spaniards ___________________________________________________ _ Other Europeans __________________________________ ------------------------Chinese---·--··--------------.-------------------------------------------··Allothers ___________________________________________________________________ _ Race unknown __ ------.. ___ ----- ________________ . __ . ____ -----... _________ _ Tot.al -----------------------------------------------------··-·· Anmml fleath rllte per tho1uio.ndfor the mmllh. Americans--------------------------------------------------------------- __ 2. 61'1 ~~~!~~;~~i,e=~~s:::::::::::::::::::::::::::::::::::::::::::::::::: ________ :: :f:~ --~~~1---~~~-· ----------------------------------------]141--' I--" Chinese--------------------------------------------------------------------- 24.97 Allothere ___ ---------------------------------------------------- _ -------- 39.49 Average--------·-------------------------------------------------- ___ 42. 64 A elas11ifled report of aU death'! oeeurriny in .1/rrni/a during t/1e mm1tl1 of Janual"y, - 1904. •These denths Included in the monthly report. Condition: Slngle---------------------------------------------------------··-------Married ----------------------------------------------------------------Lomn Cemetery-----------------------------------------------------------Deaths by occ11pation and by age, duting the 111011/11 of January. 190~. 9 11 20 OFFICIAL GAZETTE 179 Dcathis by occupation and by age, during IM month of January, 1904-ConUnued. Occupation. Z~ ~; ~i ~~ ~i ~1 ~~ ~~ Jr;: . -------i-~-[flLtlfl-~ -~ -1~ -l!~i-~ . . • . 1 a;., a:-. a:-. a;.. a:-. a ..... 1 ai:i. .. = e e e e e e = ~ T•"'-----------------l'(1•r•--,,-112!'7lalliT3'i126 l~=~1i1· '1~1f 111-j~~;,i!! 1 TotaL____ - 1 I a 8- j 81 5 !-----1 4 4 j 18 51 Birth6 rcpor/£d in January, 1904. 1 _____ N_•'_'•_"'_ui_,_-----1-~~;l~.1 Fema~~~-1~0~ Filipinos ___________________________________________ I 223 239 462 ~t~~~:~;::::::::::::=:::::::::::::::::::::::::::,-J1---J1---.J 1 Incomplete. Annu.al birthrate per thousmlflfor tlle month. ~'!l~r::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1: ~ Average ----------------------------------------- -------------------- 25.01 Report of prescripHof\,/I filled at the municipal di.8pe1\,/laric8, 8howing dUtriel.8, IP?X, and age of per8on.s to whom medicine.B have been yfren during the month of January, 1901.. I Flhplnos I Adu~ -=-~1-C_h_i~-,.-n_-I Total M I F Boy Girl Sanitary ~illtrlct No.~, S: Nicoles __ ~l-1--6 1 -;-1---2 --= ---; Sanitary District No. 2, Tondo _ 46 28 8 JO \l'l Districts. Report of isil'k anti wou11ded city poor attended by municipal physicians during tf11' month of J01wary, 1904. -,~:,::,:,::~I J~~ - Tillpln~~u I I Cu.od i""'h' ~o -- _ _..,:oi:M-_ --I ~i~'. id~;: P--~ -':l!i_:_1~ f _ No. I, San Nicolas, Or. 1 NJ.· 2~aT~~~~~-nr:-v:_ 1 ________ 13 1 2 41 26 1 10 _____ 1 ____ 134 Pantoja ______ ------1-- ____ 17 17 4 3 41 18 121 2 5 183 No 3, Qulapo, Dr P GabrleL _____ -------- I 13 16 5 7 42 16 15 ____ 2 :g s~~rif~1:.~~/; _______ 21 I 14 s 4 1 44 18 14 i 4 I 2 239 N~'.'\~1~.;;;,;-o, 11-------- so I " 17 n I " " i " I ' II ' " " __ ---- 1 HI 17 10 91 &5 19 1~ 3 2 Hfl J ____ J=--=1~~!'__~~~~~,_2___::: Total-------------1 __ 2_ :~2_6_ l1~J ~ --~-l~~-~_El_~ _I_~ I ~ Gc-ncral i1111putfon of houses, premises, va11lts, etc., with imprQVC11!C'lll8 ordered, di.sinjcctcd, whilcwwl/wd, clea11cd, etc., by medUat inspeclor8, ehil'f 8onitary imtpi:cWrB, and sanitary if\,/lpeclor8for the month of January, 1901.. :~~:: ~rE:;~~~yr~~~e~fri~~:0~1~~~~k':,~~ieJ::::::::::::::::::::::: s, ng a~= ~~!r:FeJ;~:~:r*v~~t~~~~~~~======================::::::::::: ~: ~ a~= ~~:z!-;~;~~~;~;;~~~=~=~1~~~=:::::::::::::::::::::::::::::::: ~: H~ Houses whitcwlll:lhcd and painted________ 61 Houses disinfected--------·------------------------------------------------ 76 Number of hoUSCll recommended condemned and removed_______________ o Number of houses condemned Q.nd removed._____________________________ o Number of localities where "squatters" are located_______________________ 22 Number of · O Number of o Number of O Number of O Number of 155 195 536 389 Yards cleaned ___________ ::::::::::::::::::::::::::::::::::::::::::::::::::: ~:·~ Yards ordered repaired (repaved, etc.)------------------------------------ 48 ~~~~e':ri~1~~fem-ea;;; iD&i>ectors:::::::::::::::::: ~ Number of cholera cases y Advisory Board__________ l Number of cholera C11Ses --------------·-------------- o Number of ---------------------------- 5 ~~:e:~ ~: ·oith::::::::::::::::::::::: ~~ Number of 336 Number of ------------------------··----- 13 ~~:g:~ ~: 1, ~~ Average In 157 Number of ------------------------------------- 45 Number of emergency nspectors on utY--------------------- • --------- o ~~~~1l1l~t5~'.~t~~~~::~fi~::;~:;:~~~:::~:::~~~~~~~~ 1::~1 -----------------------------------------------28,809 ------------------------------------------------ 5,918 ------------------------------------------------ 19,280 ____________________________________________________ ll,601 ---------------------------------------------------- 0 Rat catchers eniPiOYed::::::::::::::::::::::::::::::::::::::::::::::::::::: 184 72 Monlhly sanitaryTtporl, Brotion A, Son NicolaJJ, harbor and river, Jan1l{l.ry 31, 1904, ------------------------------------------------------ 746 230 83 67 1<8 53 55 0 0 0 0 0 1 30 ~~n:~;, m:m~t ~~: :: :~trcruz-===== :~ :~ i f: 1 . ; m t~f:!~f, g~gJ~~ ~~: ~'. 1~~ii:."~:Ala:- 15 37 , 16 18 81 Burials during the month of January, 190~. Sanitary District No. 5, Sampaloc_______ 136 82 1 47 11 I 276 te,P;::le:~~------~~~----~~~~~-------------- ~~11~1-*1~ ~~~!;~~~-~~~;~~~~~~~~:::::::::~:::::~:::::::::::::::::::::::::::::::: ~ Ballc-Balie----------------·------------------------------------------------- 124 180 OFFICIAL GAZETTE Bnrfols <fori11g Ille 111011/h of Jmm«1'1/, J.90.t.-Contlnued. Report received of kper6 living in the 1rario1111 J)ro1•inrc6, f'lc.--Contlnued. Binoudo ______________________ -------------------------------------------- H Toudo ________________________ --------------------------------------------- O I N Chil·-1 -----,---,,, - I " I ·1:::!;;~b~!_::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::____ ~~ Provlnre. I Roce. ~~r~f bi::i ~c~ _8 _ing_"_· ~c~ i i ~ ~ Pondocan _________________ ------------------------------------------------- 28 men M I F M I F I ·-1 ·- e ~~::i~r)::::::::::::::: __ :----·-:::::::::::::::::::::::::::::::::::::::::::· 4~ -------~~~____:_,____:_~____:__~I~ ~ !:_ __ i:_ l'~!~i~~~~N&tionai·cem;tcr;.:::::::::::::::::::::::·::::::::::::::::::::::: 2i ~~1!:~~-:::: -~!:I'oi~~= 1~ ~: i~ [ : ~ 4~ i~ :i ~ : 1 7, ~ '·,~ .. ~~;:;;~::;~~~~~;;: ;;"i~;;;,;:~~;;;~~;;;~:;;~;;~;~;:::::::: .,: ~~~~ .•• ~.~= ~~J! ~::= ~ E -;ir:: d '.! ;1 ;i ! H- '~ ZambaJea __________ do____ 58 35 2 ---- 30 Hi 26 13 4 5 90 Di.si11termr11ls d11ri119 tire month of Jo.mmr11, 1904. Mlnd11.n11.o ----- Moro____ 140 74 a 3 84 46 45 18 9 12 220 ~rifilCf1ii::::::::::::::::::---- -------::::::::::::::::::::::::::::::::::::: I~ f1~~ro:::::::::: _~!:t~~~-= m :: 1~ ~ }~ ~ ~ 2~ J J ~~~ ~~l:~~!a~i:_:::::::::::::::::::::::::::::::-:::::::::::::::::::::::::::::::::: 1~ ~~i;~~~- ____ do____ 66 42 6 2 27 23 82 H 116 Total---------------- --------------------------------------- so zon ---------- ____ do____ 18 4 1 ____ 3 I 10 3 5 ---- 2.'~ Tayabas ------- ____ do---- 1 ------ ---- ---- ------ ---- ---- ____ 1 ____ 1 .lfonrlr/11 rrporl of di,.fojufion6for Jmumry, 1904. Nueve. Vizcaya ____ do____ 13 12 2 ---- 7 3 4 6 2 3 27 Albay -------- ____ do____ 68 SS 1 1 30 18 27 IO 11 15 103 Abl'IL ---------- ____ do---- 11 6 ---- ---- 5 4 5 2 1 ---- 17 1 Number Number Bohol --------- ____ do ----1 46 4615 I 20 191 Tf 1713 6 911 [ V!cW~~~: 0f...~i;.- ~~r1~;~:::::::: ::::~~ :::: ---~~- ___!~~ ---~-1; ~ ~~-J_ 1 °t Cholera---------------------------------------~~--=1--,-i -~ Total ____ -----------2,017 1,112 159177 1,007 i584 830-963 176 !159. 3,32f> Bubonic phtgue ------- ----------------------------llisea..~es. Leprosy--------------------- --------------------------------1 1 l Oh1.ndcrs -------------------- -----------------------·-----, '' O i;:urrn---------------------------------------------------------! 2 0 Tnbukl/ed slatemrnt of amount of vaccine viru6 dilltrib11fc(f by tJ1e Boo.rd of lfwl/11 during the month of Jmrnnry, 1904. InMnitary condition _________________________________________ : __ ,_, _ _ o Total------------------------- -------------------------! 72 I 106 Unit.<i. Bm~ !E: ~:!fie:--:::::::::::::::::::::--------------·:::::::::::::::: ::~ Rr1wrl of l'ctcriuo.ry Diri11im1for Jammr.v. 1904. I TIC uded)------------- 141,200 --------···-------------------------------------- 68 Rnd other Institutions In the city of Manila ... 12,200 (Dnvid G. :Moberly and Murray J. Myers, vett:'rinary surgeons.) u~• Total---------------------------------------------------------------- 160,~15 Report on vflecino.limi, city of .lfanilfl, during the 11Wnth of Jo.nuanJ, 1904. Province. Tota.I _________________________ ---------------------------! 2:--------OFFICIAL GAZETTE 181 Smallpox report/or .llanilajrom January 1 to '1, 1904-Contlnued. ~~: ~ ~ ~ r~::::::::~-:::::::::::::::::::::::::::::::::::::::1 11::::::::: TotaJ . ___________________ ~--------------------------------1--2 == Number of cnses found "alive"----------------------------------------------- 2 Number of cases found "dead'' ----------------------------------------------- 0 Tot.al--------------------------------------------------------------------2 Play11e report/or .llanilajrom Jaimary 1 to 31, 1901;. - - - - - - - - - - - - - - , - - - - - - - Case.~. Deaths. San Nicolas---------------------------------------------------Santa Cruz --------- --------------------------------------Intramuros _______________ -----------------------------------Total---------------·--------------------Cases. Deaths. ---10 7 ------ ------------~-~-__ T_, .. _,_---:_-_---_--_---~ -~--~-~~--~~-~--~~~~~-~~-~-----~~:_--~~I ~ Number of cases found ''alive"----------------------------------------------- 5 Number of eases found ··dead"----------------------------------------------- .') Total ____________ ------------------------------------------------------ 10 Cl•ole_ra re1wrtfoi· .llanilajnnn Jmmary 1toS1,190.li. BY RACE AND SEX. ' Ce.ses. iDeat~ San Nicolas ________________ -------------------------------- ---- ____ 1 1 _ Tondo ___________________ ---------------------------------- :: - 1 -------i ~~~~~~~~~~~~~~~~~~~~~~~~~~~j~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~1--------~ ~~J~c&Ji::::::::::::::::::::::: ::::::::::::::::::::·-- '-----·-1_-;--------i Total_______________ ---------------------------1--· 1--,; 14678-3 Olwlera report for Maniki/rrmt Ja1111ary 1to31, 1901;-Contlnued. Cases. Deaths. - - - - - - - - - - - - - - - - ms ttllif ~If ~~~~~=~~==~~~~~=:=:~~~~~~~m~~~~~~~iiii~ ::::: ::l: :::=====: From 50 years and above.-------------------------------------------------------Unknown------------------------------------------------------ 1 1 ---Total_____________________________________________________ 4 5 Number of cases found "alive''--------------------------------------------Number of cases found "dead'' --------------------------------------------Total --------------------------------------------------------------··One of these deaths is from a case of December. Epidemic of cltolera in llte cily of Manila and pnwim:es fr01n March ¥0, 1902, lo Jmiuary 1, 190,. Manila. Provinces. I~~~---~=: i ~i ij~i 1903. Jirnuary _________________________________________ 7 4 4,921 2, 757 rr~~~'h"~:_:::::::::::::::::::::::::::::::::::::::: 2 1 r:~ 2,009 tfa.~I_:::::::::::::::::::::::::::::::::::::::::::: Ji 2i~ 1, 772 ~:lii ~~·~~·~ •• ~.~~·~~· JJ1J~!~ Repor! fJj c4olera occurring in provinces in Ille Pltilippine !/!lands fr01n January 1toSI,1901;. 182 OFFICIAL GAZETTE - - - - - - - - - Date. WEATHER BUREAU. Rev. P. Joot AI.Gut, S. J., Director and Chief of Bureau. ,1/elcorological dala deduced from hourly obsert>ationM, monllt of J)e('ember, 190J. I I ___ ':omp•~--1~1~:-1 I Bn:~~~r,1 i I . , !id- Prevailing Mnx;~~~ ----1 Sun- Rainfall. Menn. I Maximum. I Minimum. I ity, direction. Forcc~--fOi-;:;;ti~;-, shine. l==============---~~I a:~'1,il:~· ~~j 1 ifi it:·. ifi-1 ~~\ ·\ ~-~ 1:~·!\ N~·fff I"~" Ki1-~~! ~;l .. 1·-,,-~-~-:~=--~~~~ 3---------------------------129.8'.15 59.S'i~ 26.2, 77.4 27.8182.0121.8 71.S I 9'l.2 I NNK 212 132 21 13 N. byW. 1 20 0.437 -11.l "--------------------------- 29.81\2 58.47 ~~:f. i ~u 211.7 83.6 21.6 70.8 77.11 ~: i* I'~~ it ~~ N~~1 ~ ~ ·o:03.5· .. -0~9 .1~=mm~mmm~m~~=~~, 1rJ 1 ~·~ ~wn fir~!! ~l!!!l 1 nT zft;. ~ :~ ~ 1 ~ 1 $};! 1, ~00, -_,_:_~_:_~_-_;-_-_:_,1_:_i_ l'---------------------------12"""] "-" 25.8, "-' 28.8 83.91 "'-21 "'·"I 8"' ~;;t::r;_ ltt ~ " , w. by N. , ., 0°''11.0 lf~c~~~1ll1 nllill llll111'il II' ~! ! ~ ! J J. ! Ui Ii ~::::::::::::::::::_:::_:::: ~ ~ I ~ ~ ~ ~ ~; : ~n ~~ : I ~g ~ ~~ ~ ~; ~ ~ ~ l~~ rn l~ I N~V ~ g'J i::::::: :::::: 24 -------------------------- 29 88-') '>!I 07 25 8 78 4 30 4 8G 7 :.!Q 9 li9 7 7> 5 N 125 78 H 7 NNW 4 45 --- __ -----~==~::::::=:::::~==-==~::::: ~ m II ~ ri ~ 1 ~; ~ ~ ~ ~ ~ ~: :~ ~ ~r ~ N ~E ill ~ M 1 1~ 1 iE ~ ~I=~~~~~=:::::: 28_________________ -------- 29 &>Ii f>8 w 126 0 78 8 I 29 0 8" 2 21 7 71 0 71 2 ~ b\ E 254 lf.iS 2'l I 14 N b\ E 2 O& ------- -----29 ----- --------------- ---- 29 676 58 83 25 3 7i 5 27 7 81 8 20 4 68 7 &i fi W -SSW 82 SI 12 7 WN'W 0 00 ------- -----;r :-~~~~~~~~~~~~~~~~~~~~!::::: ,: : : : 'I;;: I:: I:: :: : :: : I : : 1-v~~~ir~·--- ::: ' 1: o rn::' to:: __ w~1v___ '. :; '::::::= :::_:: To<aJ _________________ ----- I ---- --- ------1---- T _-__ l_-_1_1-------1----------- -- 5 38513,348 !---- -1-----1 ------1 88 50 I 5 848 -iii-5 1 Corrected for instrumental error and for tcmperuture nnd reduced to sen level. Correction to standard gmvity, -1.72 mm. {0.068 Inch) . • Vctwrofogkal data <lcd11cc<l from lwurfy obscn-atimlll, mmith of Jrurnary, l9Q!,. Temperature 1 Rela 1 \\'ind I I I---~------ tive I Date Barometer 1 I I hu I Maximum j Sun Rainf 11 mean M M !mum I Minimum mid J l're\nlhng Total da1h shine 1 a ean ax 1ty. duectlon motion I - - - - - - - I11cl1cs 1-11~ - ~~ -:;;---I °F --:;-I-:;:a: I - -1 1 Km ,1filcs K:orl:;1fes Direction 1 1-----;:-: llncf1 e8 ,y 711 t :::::-: __ -: __ ::::::::: ~ = I ;~ ~~ ~ g I g g ;.; ~ , ~ ; ~~ ~ 1 ~~ ~ ~ l \\W S n~ ~ 1: ~ ~~ ~ ~ 1:-::::: :::-3 __ ___ ----------------- 29 874 f>l'I 711 ~4 1 7;, 4 I 211 1 11~ 6 ts 6 6.5 ;, 79 G wsw ;,9 37 s •, w I 1 oa 1 _________ _ HJJ (-11urn11:11:111~1tni f I ! Ill t I!~:~~ 1'---------------------------1 ''-"' ·'""' 2.\.6 I"-'.'"''""-" "-' 67.6 I 72.219\V.-NNW. IZ2 I 76 " I 7 \\'. 1 501------- -----r11~1:~~1ll1111~llfil~IJllil~~l~Jili 1 Corrected for instnimcntal error and for temperature and reduced to ~ea level. Correction to sW.ndard gruvitr. -l.72 mm. {- 0.068 inch). OFFICIAL GAZETTE 183 - - - - - ~-------------·---BUURAU OF CUSTOMS AND IIU.IUIGUA'l'IO~. General slalcmcnl of comma<'C of llic.1'1rilippi11<'8 for the fiscal .111·11r e11di11!1 ,/1111c JO, 1!!03. [From the Monthly sumnmr~· of Commerce or the Philippine Jsla11ds for June, 1908.] TIH' ('Xlraorclinary inen'll"l' in 1·xporls during lh1• li"eal ~·1•ar l~O:~ C'stahlislw" a l\C'\\' rt•eonl in tlw rommt•n·inl hi:<tory of the Philippine's. and for llw fir,,t tinw >'illel' Anwricun 01•cupalion n lmh1111·1• of tn11l1• in fan1r of tlw ],.;lands is shown, in addition lo lht• fael that their total fo1·<'ign eomnwn•t• was eonsidernhly lnrgrr t.han rn•r \wforC'. Tlw hnlk of this g11in. is c\111· to tlw heav~· shipnu·nts of lwmp n111I \'OJH"a. both of whi\'h produ('ts han~ hl'l'll wid1•ly 1·11lti\·atc1I 1hniug Liil' past y1•111·. indh•ating to sonw l'Xtl'nt thnt nd\·1·1·s1• nµ:ri('11lt11rnl coudition,; lmvr uot ,;1•rio11si~' intN'fl'rNI \\·ith tin• pn•p.•r:1tion arnl 1111trk(•ting of tllt'st• c•rops. Thr foilowing figun•s. whi<'h l'X(·luclt• gold und siln•r and lal'J.l'" q11nntiti1•s of Gon•rn1111•11t ,;11ppli1•s. tlu• lalt('\' lit>ing purchnsc>d for the most pal't in thC' l"nit('(l Stall's. an• prt•st•nti>cl to show tlu• vahll' of the An·hip(•lago',; tnul\' t!uring ead1 of the fin· fiscal ypars of A11n•1·i(·a11 admiuistn1tion as c·ompan•tl with tlw an•1·aµ:1• annual tnull' fo1· 1wrio1ls priur tlwrC'to: Ycnrs. Exce.\>Sof1-- - -- -- - - 1 Exports. Imports. -'----··--1\1:'\'l'l'tln•lc•,;s s1u-h cas\•s an· ran• ancl for all 1u·n(·iil·al purpoH'" tlw data as gin·n form a fair h;1sb for 1·ompari>'oll. \\"hil1• Liil' 1·omm1·n·c cluring th1• Jift1•1•11 yc•ars 1·1•fcl'n~d to was snhjc>c-t to cousi<l1•rnhh· fluf'luation. tlw !in··ye•ar 1wriocls wlH'n takl'n a,; a whole and exdu.~in• of gold am! ,;iln•r ,;how a notiet•· able falling olf in the total \'aluc• of t.rnn,,aC"tions. at tlu· sam~· tiuH' tlw lmlnm:l' of trnclt• \·ontimwcl in fanir of tilt' lslancls until th1· 01'µ-inning- of Allll'l'i(·a11 01·\·upation. 11·hc•n it IJ1·1·anH' ne•ee•,;;san· to dl'al with 1·01ulitiuns H>' tlwy l'Xi>'tl'd ciul'ing thl' lallC'r part (;f Spanish rul('. \\'ith the• 1•xc·Pption of an innt•a,;C' in enstoms n•<·l'ipb 01·1•r tho,;1• <·u\11•e1e·d prior to our oe·C"upa1wy. no smhlt•n d1aug-1• was ob.'wn·1•11. the• la1·g1·1· l'l'\"t•mw,; not sl'n·ing- a,; un indi1•.1tion of tlw 1·olunlt' of ln1,;im•,;,; tra11.~a<·ll•1L h\' n•a,;on of th<' diffl'l'l'llt JU<'thocls that jJl'C•1·ail~·cl uml\•r tht• two .r(.giml's 1-oupkd 11·ith till' fad of tlH• diffpn•ntial in farnr of Spain that ohtaiul'cl (Jpfon• tlu• l'nitC'd Stntc>s took <·ontrol. An nn11u:1l inl'rc>a"\' i." ,;hown in the> total amount. of fon•ign ll!t'rdrnndbc• l't'C'l'in•cl by tlw J,..l:uub during lhl' !in• y(•ar,; of Anieri1·an oeeupation 1h inclfrat('(l hy tlH' following tahl1', whid1 s('t,.; forlh thC' n1hll' of imports from th<' il'ading l'Onntrics ha\'ing trad1• n•lalion" with llu• Philippines: lmpQrtccl from' ' United s1-ntes ____________ ,·1~~;~:~·1s1,m;,;01 1;i~~a:G85 ·~.00:1,243 i-;:1~~~~ United Kingdom _________ ! :.!, '..!·17,4!.I'..! :I, 946,4f19 I 6, 956, 145 .~,fl'..!3, 161 I 5, 171, ;33 ~j~~=-=~'.~jf ~~~~!1!~l 1 i~' 1 Included under China prior to January, 1900. In the rC'turns for the• ]u,;t Jis\:Jtl yl'nr 11 falling off -is noticeable from all som·('{'" with tht• \•xc<·ption of Chinn and lhe French East lndi1•,;. tlH'ir ,;hipuwnls iHl'n•using to a lurgt> cxtl•nt us u result of tlw ArC'hipt•lago's de•nmml for riC"t', tlw French East Indies alone fnrnishi11g $U.000,000 worth. an amount nearly equal to the entirl' supply of that arti1·l1• \'oming into the Islands in 1902. With lhl'sl' 1•x1•1•ptio11" and 1m incrC'nsl' of hut one-half of 1 per cent on tilt' part of Hpuin. a 1l1>c·li1w is noh'd in tlw import tradl' with all (·ountri1•s. tlw Lnited Htafr,; figures showing the smallest margin of los,;. Aside• from riec·1:,'l'O\\·ing countriPs the United Kingdom. notwith,;t;rndiug- u 1l1·e·1·1·us1• in l!JO:l. still holds il.'I pm;ition u,; the l\•;uliug import<>r with Hl Jll'l' ct•nt. or a little more than ;ii:i.OU0.000 worth of tlu> total thulc, followed hv lhe Cnited :--tatc•s. who,;1• import,; approximat.1•d $4,000.000, h•ut the dilfert'l\('I' in valul' <Jl'e•r tlw ligurc>s for 1!102 discloses the fact that thl' 1•.'\(·1•ss of Briti:-h trncl1• is ill'ing furth('I' r<'dU('l'd each ~·Mr. The gcnernl incl'ease ohserrnblc in the first class of commodi· tie•s, ('011,;i,;ting for the most part of prnvisions, is in some degree ac1·01mtf'ci for h,v a gC'm•ral rise in the standard of living, there ht•ing u ]arg1• clt•uumd for wheat llour, presen·ed meats. canned frnils. anti \'t•g-1•tahlt•s. llow1·n·r. the 1•011tin11l'd shortage in rice produl'liou, chw at lirsl lo \'olunlary neglt>ct on the part of the natin•,; and lull•r lo tlw loss of the eara!Jaos "' .. .. required large pur1-ha:-1\•s of rice from a!Jrou<l during the past year, the rl'turns shO\dng an i1wreascd importation over 1902 to th<' value of Jlt'arly $:J.500,000. <> • .. The fal'I, of su('h a large outlay being used in the purchase of food supplit•s affected the general progr<'ss of trnde in other lines. .\[anufac·tun•d artidc•s. which include praetieully all of the re· maining importations, show iiwrcasC'd 1·et•eipts until the fiscal ~·1·ur In02 a,; a n•snlt of small ill\'C'stuwnts said to luffc been maeh• in nll'ious hn11wh1•s of business, the aggregate 1weds of 11·hic·h auwunt(•d to (•onsiclt•rnblc· and rcqnir('(l n•gular shipments of material dul'ing tl11• t•arly p('l'iods. By 11 comparison of the tnu!C' for tlw last two yl'nrs a markrd <lecrf'asc is found under umnufaetm·(•d µ:001ls as a l'llls,.,. tlw 1111fa\'orahlc economic conditions cau,;ing a loss tu the extent of more than $2,000,000. 184 01'-,FICIAL GAZETTE A fnrthl'r sl'grl'g;1tion of the import lrud<' us carried on during tlw ]a,..t fin• years. acl•ording to e1•rlain groups of articles. is ,..]10wn in thC' following table: 11'!!19. 1900. 1901. 19"2. -i--.\nimnls uu<l u11im11\ f;isg,;,28 s.i.g;,,r,;;, $l,Ollll,8:!5; Sl,fl!I0,1:,.; FJ~x~;:~J! ::: _________ ;i~A~:~t~~ ~·.~.·m f·.~~·.~~~ ,l~::~~:t~~. ltm:~~~ ~~f;~o11~ ~:l~,b~\~~J'.g~~~~9-'>0, i4\I ~:::~:~r1:~~~~:.:n_1~~-~1~~~~-' a, :!:ill, -100 1;, .-.aG. 126 io, 910, gsG s. ooo, :ui2 1, s9s, 3r.f1 :-.1r1~~~~1~~~~~~-:1~~1 _11_1~_1'.'.1. 723, 1'.'19 1, 2;2, t.10 : :1, oos, 2iH : a. 631, .io1 2, 8-'\:i, (i83 C):1<;.;r~~-]~~~J~~'.~·-~'.l_i~l-(~:- l,3.'~'i,81\!.) I 1,269,300 1 1,J:J.f,246 ~ 1,304,lM.3 },33J,3.')() Cl~~;1~t~~~~:_r_t~~~l~'.~-~'.1'.~1~_ 13S 304 rnr,,67!! I 191.Xl:l I 2~1,if>i :!17,9119 )f:~~~:1~1r!:\(:1r~~1~1~~--~ncl 26 ll\3 31,660] 21,06.i 18,070 li,8410 <ll11s.~ 1mdglusswnre 331'! 692 '>h 1-,; Hl !l!Hi I M0,066 288,S:hi PnPerand m~nufocl1l~cs 4.!4,2\3 "11,9481 "H0,165 1 ii:.! 091 lil0,60'l Wood und wood mllnll· s; RI!: 603 aw 396,481 w::;~;~:1~~~=;~~:::::::: -: J*:i~~ 1 .! ~i·~ 2 i~:~~~ 2.i~:~ 1.m:~1ii Total__ _________ •.. 13,~13,010 i20,601,436 30~2i9,406 ;32,Hl,842: 32,971,&!2 .\,., illlli(·:ttcd b~· tlw for('going ligur('s there lrns b<'ell a material inen•nS<• in the pun·ha,.;1• of nninwls nm! uninml products during th1• last two n~a1·,.;, tlu· returns for l90:J ,,hawing importations to th1• nilu<' of ;nor<' than $Li00.000 worth. a half million inerc•nse owr tlw pn•\"ious year. Thb gain includes heavy shipments of (·attic>, made 1wc<'s;,ury b;.,- th<' Jo,.;,.; of farm ,.;lm-k. The principal soun·(• of ,.;l1pply i-; at pn•-;eul 1·n11li•H'll to Chinn, with practicnlly two-tliinb of th<' total nmnbrr ent('l('(I during" thC' year, the bala1w1• l'Ominl! through Hongkong and Singuporr. " " " Forni ,,luffs form a very Ltl') . .ft' per('t'Utage of the imports into thl' Ardiipl'lago. increusing steadily in n1lue each year, the gain dming mo:~ being greater than usual. 1t should be noticed, howenr, that tlw latter inrre<H•(' is largl'ly cine to the extntordinary importation of riet• whieh has bC't'n rcquin•<l in order to meet till' imuwdiate 1weds of tlw 1wopl<>. This condition of affairs n•,,ults from thr shortage in honw production and conscqurnt heun' d('UHllHI for the stapll', which i,, the article of food in g'Plll';·al u"t' throughout tht'M' blands. "' * • Eliminating the Yalue of rit·(• importNI, the purchase of other foocbtuffs has im·reast•tl slightly. Whrat flour, one of the principle artiell';;; under this e\uss. amounting lo $727,9:i0 in 190:t ,,hows a gain. the Cnitecl States retaining control of practically till' enlirt• trnde. In uwat all!! nwat products there was nn il\(·rC"aS<'tl importation O\'t•r l!JO:!. .\u-;trnlasia furnished all of the fre,,h beef, amounting in value to $S2,l:j5, during the past _rear, whilP the l;nited Stall's st>nt th<' :lTl'at<'I' portion of canned am! all other h<'ef. Pork and pork produC"ts inereuscd about $i5.000. particularly tlw tratlc in lard. whieh rose from $120,310 in l!J02 to $185.804 in mo:!. China supplying 8;) p<'r crnt during tlw latter year. Pun·ha"''" of lard from the Cnitcd StatC'::l approximatt•d $1;).000, aJl(\. wl1il(• ,,howiug an im1wo\·<'mrnt over mo~. figun• rnther insignifi(•antly in tlH' aggn•gate trndC'. Thrrt> lws brC"n no mark<'<l l'hang<' in the quantit~· of bacon, ham, and !:ohoU!tl(•I' imported. t\w fol'Pign "Upp)y for l!JQ:I. amounting lo $IG2,8!J8, is shown to ha\'e h<'en furnhhl'd mainly by China. Th<' l'nilcd Stall's fell off slightly, as cli<l the United Kingdom, whil1' China !:ohows an iu('n•usc of approximately 40 per <'cnt. Jndudrcl unclc•r ;ill otlwr mrat and meat products are sc\·erul articles which .;;how incn'as<'<l importations, tlu· most noiieeable ot·(·nrrinl! in imiblion Luttt>r and ol<'om111·garinl'. p11re\1ascs of whi1·h umount<>d to .'f;GI.8.i8 in 1!10:1. as compared with $:1!J,33G in 1!102. Dnrinl! till' laitl'I' .H•ar China furnislwd hut $7.003 worth. in<'l'c•a-.inA" it' lra1lc• in HlO:I lo lllo\'e than $23.000. '" ., .. Tit(• importations of buttc•r dropprd from $62.Sn:I in l!J02 to $4R.401 in l90:J. whi(·h loss may bl' allributl'<l to tlw heavy purdrn,.;c., .. of iwitation butt1•r and o\t>OllHll'gari1w during th(' past ~·1•ur. Thi' det"rcnst> in shipments from the Cnitcd Kingdom gives .Anstralusia control of this trade, it being credited with eonsid<'rnbly over one-half. Condensed milk, of whirh $247 ,306 worth was import('() in 190:i, shows an increase of $01,771 over 1902, and $140.977 over the fiscul year 1001. The United Kingdom still furnishes large t)llnntities of this article, being credited with 43 per cent in 1903, bnl the rrc•cnt heayy gains made by China has resulted in placing that country second in importanec, followed by the United States, although the trade of the latter country shows considerable impnffcment as compared with 1002 figures. '" " '" The trndt> in refined sugar has only reached large proportions \\·ilhin thf' lasl two ycurs, prior to which time, and extending back to date of AmC'rican occupation, the foreign demand was very light. anrnging about $30,000 annually. The importations for l!lO:! amounlc•(l to $128.041 as against $143,117 in 1003. During tlw latter ~-(';11· China snppliC"d 60 pC'l' cent and Hongkong 30 per cent. Futlll'C' importations of l'l'finrd sugnr will depend largC"ly upon whetht•r refhwril's in tht> islumls will be abl<' to supply thr. home demund. · Xcarly $300,000 worth of <'gg;;. was imported during 1903, un increase OV<'l' the prcdous y<'ar's figures. China has practically all of this tradC', which in Hl02 was credited to Hongkong. Tlw importation of $7 -1.013 worth of coffee during 1903 shows an inen•asc of more than 100 per cent. British East lndies sup· plied three-fourths of the amount. Li1111ors and hM·eragl'S werC' imported to the Ynluc of $1,476,128 in l!JOi. ancl $1,1:!5.!lli in HJ03. Jn th<' latter ;rear about 4i prr <·<'nl CHllll' from the L'nilt•tl States, consisting chic!ly of beer in hottll's, which fell off more thun $50,000. Importations of wine from .Spain and Franc<' amount to considerably less thun heretofore, am\ distilled spirits from the Cnitcd States show a decrense. In l'Olto11. silk. wool. \·<'gctuble fibers, und their fabrics, caeh clus» of commoditi<'s contributed more or i<'ss toward deereusing till' aggn·gnll· trndr to tlw 1•xtent of onr $1,000,000. Cotton goods. which uud1•r ordinary circumstanc(•s j,.; the most important class of importations coming into tlw islands, dropped from $7,02;),41!) in l!JOi, to $1i,:l50,U4i in In03; tht• rt>duction wus genrrul through· out with tlw ('Xct•ption of closely wonn cloths and knit fabrics, purcha~1·.~ of the foruwr amounting to $3,686,543 increas(•d in ndm· $ili0.000, ancl undn the latt<'r itC'm is shown a tnul<' of $.>)(i,2HJ in mo:~. as cornpar<'d \\'ith $:H!l,301 in 1002. 8pain still suppli<'s 1warly all of the knit fabrics, more thun $:100,000 worth coming from that sourct• in l!l03. Haw cotton is reeeivf'd from the l ·uitl'd Stat1•s almo~t t'xclush·cly, although the imports continue .-;mall. Yarn arnl thr<'ad, forming thr. basis for considernhlc cloth of natiH' maunfacturr, show hut little decrease in value. Therf' was a (lcciclt·cl falling ofT in importations of cotton wearing appan·l, tlw figur(•s showing $j:J5,222 in 1002, and $2G7,IS9 in 1903, a di/f1•rrnl't> of *468,0::S:J. Spain and Gl'rnmn~· eaeh lost approximatl'ly $200,000 worth of trade in this line, the balance being disll'ibutf'd among oth<'I' countrirs, with ti\(' <'Xccption of the l ·nitl·d Stall's whosl' total i-hipmt•nts incrcasf'd slightly. Of cotton manufactures as ll whole the United Kingdom's trade iu tin• PhilippinC"s has l'asily nrnk<'d first in importance, though it shows consicl<'rnhl<' cll'Crt'USC during the past year. The comparntiH•ly light importations from tlw United States arc on the inc·n•as<', in Llw yc•ar 190:J rraching nearly $400,000 in value us t•ompart'd with lc•s-; than onl'-fourth of that amount in 1901. 'l'lw grc•atc<r portion of silk goods comes from China and Fmncl', tile' fornwr also furnishing nboul all of the rnw matN·ial imporb•d, as w1•ll a-; iucrca!:iing qnantitirs of silk thread, which is \\'O\'t•n into l'loth by tlw \lSl' of natin• loom!:i. Imporb under tlw ma1111faet11n•d artie\I' wc•rt• $8;)3,200 in l!l02 and $590,718 in HlO:t \Yoo\ und ils manufartun•s clrcn•awd from :fj:J37,2i8 in 1902 to $28!J,l82 in l!J03, imd \'1•grtahl<' fib<'rs nm! nmnufactnrt•s from $4·Hl,5Hl to $:J34.488 cluriug tlw rt•sprctiw year!:i. [)ndPr nwtals and machinery amounting to $2,S8:J,U8:J in 1903, OFFICIAL GAZETTE 185 Uwre wa,; a Im;,.; in trndt• of more than three·quarters of a million 1lollars. Iron and stl'cl imports dropped from n little over $2,500,000 to npproximakly $2,000,000 in ntlU<', u reduction from all the h•iuling conntriN; being shown. In machinery the United /•itates furnishC'd one-lmlf, the importation of sewing mnchincs and printing prcssrs nmking up thP principal articles. Agricultural implements incr<'asN\, aggregating $28,!l51 in l!)O:i as against $l:i,54:! in I !)02, and wire nnils >il't'lll to have beC'll purchased in l'Ousidernllly lal';,:'('I' qmmtitit•,;. The fnturc trndc in this line will do11Ltlc1>s pron_. a V<lluahlC' guide in noting tlw progrl'SS of internal imprnnnwnb throughout tlw An•hipelago. Jn pnpt'l' and pape1· mnnufacttu·l's a fulling off of more than $100,000 i>; :<howu on'r importations of the p1;evious year, due to thr lessened dPnrnml for papt•r pulp. which n yeur ugo, according to the pmeh;\sl' of $408.88H worth a" compared with $260,380 in l!l03. was mrn>:<tmlly hrn,·y. In fnct, the receipts of paper pulp during cerb1i11 portiou;; of tlw fiscal Jl'nr 1902 wt•re phenomenally hugt', shipments from tlw l·nitrd :-:tutrs showing an amount equal to more than one-lmlf tht' <·ombinl'tl importations of this article in 1903. In cons<'quence of the dl.'mund for paper pulp_ in 1902, the aggregith• nmount of paper trade between the Cnitrd St!ltes and tlw blanc!:<. amouuting to $:Jli,805, as compared with $168,12i in rno:J. was con,,idernbl~· ubo\"e the avernge, and the latter figures reprcsl'nt more cit'arly thr extent of such transactions with Cnited :-itutcs manufactures. \\'ood and it;; manufatturrs WI'!'<' importl'd during 1902 to the rnlur of $003.:rno us compared with $3D6.48l in rno:J. n decrease of $:WU,83!>. The showing may hr uttdbuh'd in some ci<'gr<'e to i1wrt•a:<r1\ l\efh·ity in the timber industry of t.he An·hipelago, re· f>nlting in n re<luction of pureha:<es from abroad. The lumber and timbrr trade alo1w fell off mon• than $100,000 in value during the pa;;t ;-.·rar. importations from till' l 'nited States showing a large 1wr1·1•ntag-1• of loss. l·n<lt•r manuf;wtnn's of wood a genernl d<>· 1·1·rasc is notic<>able. " • • Ju lht• 1·0:11 trnd<' of the Jslnnds a 1lr1•n•asc• of mon· than $:!:!,000 is,sli0\\"11. Hrl·t•ipts of anthmt·ile dropped from $117.103 in l!JO:!. to $:!7.380 in ]!)O:t .Japan and .:\usll"alasia, with the ex1·1•ptio11 of $10 wol'th from ('hina. fnrni:.l\('d thr entin• amount during th<> luttt•r ~·ear. .\11 i1wn•asr1l llt•nrnml fol' bituminous t·cn1\. the principal shipnwnt.s t·omin~ from Australasia, is shown hy thr pun·hasl' of i;i4:J;).:H l worth during the real', as against • i:;:llS.!)ii;) in 1!10:!. '[he t·omparatin•ly "mall importntiou of mutdws would indicate tlw furtlwr cl(•\·plop1lH·nl of their nurnufat>tm·p in the Philippines. .Japan "npplied (iO JWr l'<'lll oft.ht• $10-t.';':rn worth purchased from forri;:£n 1·011ntri1>s in l!)O:J. n<'al"I~· all of till' balanee eoming from China. In l!lO:! thr total import. \·alll<' was $18i.OtiG. Articles. Hemp_·---·-·---------·-. Sugnr.----·-------------··-· Tobu.cco ··--------------Copra ... --··--·-·All otht'r ________ _ Cude!' perfumery and co>:<metics the demand has fallen off, being rnlucc.l at $8:J.:IOH dming the year as uguinst $120.708 in 1!)02. Fram·('. us heretofol'c, controls this trade. Among uriicles showing 1111 increusr in importations from the l.Jnited Stutt's wel'e w!l('ut Hour, meat ancl nwat prodncls, vcge· tubles (fresh and c11nned), t•ondensed milk, eanncd fruit, minernl wnters, ehemiculs, clrugs and dyes, cotton and manufactures, huts uncl caps. Loots and shors, nmnufuetures of rubber, illuminating and lubrimting oils, scientific instnnnrnt,.;. phlted warr. nails anti spikl's, <·oppPr mauufuetur<'s, and ecrluin kinds of machinery. Thrse gains were slightly overbaliuH•ed us a result of the general falling off in demand by IL deereuse in the follO\d!lg lines: Agri· eulturnl implcrnt•nts, glusswnre, puprr pulp, watches and parts of, zine nnd numufactures, electrical machinery, builders' hurc.lwarc, iro11 and stet>I and their finished forms, wood and its factun•s. 1uinernl nib. malt liquors, and distilled spirits. Tht• outgoing trade of tlw An·hipelugo has increased in growth throughout the lust fh·e years. as will be ohservcd from the follO\dng statement, whieh shows the distribution umong the pdneipal countries of exportation: Exported to-- 18\l'J, - · · - - - - - - - · - --1900. 1901.: 1902. 11 ... i%~1~~·r~'.~::~:~~~~~,::~;m l~:m rn~:m ::!:!~ 101 !:m·m ~~fi!~C~iiiii;f~;···-··--··· 4,~~:~~; ~:~:1~~ ~:~¥:~ 2,ii°f~:~~ ~;:~:~ 1'otaL __ _ ~-}_2,3C.6,9l~ 19,7&1,068 j23,2H,941l :!3,927,6i!I :!.1,121,~80 !Hongkong not reported scparatrly prior to Januar)', 1900. _\n extrnordinury increase is noticeable in thl' volume of trndl' during l!>O:J. The shipmrnts of hemp um! coprn han· nol been equaled by any predous year's reeonl, and notwithstanding the price per ton is great<'r tlrnn that paid prior to .-\nwricun occu· pation, the former item is nrdited with nn (•xportation of $:!Ll00,000 (neurly $6.000,0011 onr that for the pre,·ious year), thP rntio for 190:! of uhout two-thirds of the t•nlirt• export trade heing maintained. Copra nrnked set·o1ul in value. approximating $4.:mo.ooo us against a eompurntively small percentage lust year. Sugar, though .'>liowing an increase o\·rr ti\(' trade of the preceding y<'ar. is now thi1·d in importanee as an export. whih· tohaeco, with a matt•rial drereuse in the exportation of cig;u·s, l'Ompletes th<.> list of IPu<ling articles of export trade, the value of which and the proportion sharrd Ly tlu· Cnih•d States is shown in the following table: To1a1 _____ ···-·-----------------·--··---·--···--·{ !~:~6g:m:.} loo { !;:f.~:~ } 100 .{ ;g~~:~fi } loo { ;~:m:¥~g } ioo { .~;J.i~:~~,} loo _ _ _ - - - - - - - - - - - - - - - ' - · - . I I I I ~on:.-(•) Denote>1 trude of the Gnlted St.ntes. It will h1• :<<•c•n :~t a glunt•r that 1warly all of ti)(' rre('J\t inercase prN·eding y<>ars, a signifit·imt fact when one considers that the in th1• gro\\·th of IH'mp. pructit'ally till' whole prod1wtion of which prod1H't is :111 rx:elusive onr. so rccognizrd liy all manufaeturers. i,., l·onsum('(l outsidt• of tl1l' blands. has hc('ll taken hy lhe i.:nitcd and thut the Philippine output t'lnhraecs what is C'onunonly nnc.lerStatl's tnuh•. purl'hasrs in 1!10:! n•aching a vahw µ:rt•al<>r than stood to h<' the Pntire supply of this class of fiber. tlw anraµ:e unnual exportation t.o all countries during the four The United Stutes dPmand for lwmp, especially in the making 186 OFFICIAL GAZETTE of hindt•r twinC'. ('onlinu(•>< lwa,·y. in fad, it s1•1•ms impossible to obtain a substitnl<' satisfadury tu thl' farnH'l"'s !l(•1•ds in handling our imml'll>'(' c·Pl"l'od erop,;, ancl in onlC'r to st•<·ltrt• thl' nC'ecssiu)' amount for thi>< l\l\(l ollwr linrs of llw t"onlagc industry a lnrgl' pl'nportion of tht• !'l'Udl' mall•ri;t\ l1a,.; h1•r1•toforl' h1•1•11 pnrdinsC'd in Lo11tlo11. lwing 1·1·1·1litt•d in llw form of importations from Uw l'nilt'd Kiu.l!dom. llnw1•n•r. from tlw lignrt·>< gin•n nhon• it \\·ou\d appPal' that the> opt•ration of th1• n<"l of .:\lan·h 8, UIOi. whi<"h 1•xt>mpt,·d th1• t•xport tax on lwmp t•oming frnm tlw Philippinl's to thl' l'nill·d :-Hatt•s din·t"t. ha>< J'l'iil'n•d a 1·omlitio11 of 1l1·p1·mll'lll'~· of mauy yC'ars' duration. a111l Auwri<-an dC'11l1•rs no longl'r look to Lornlon a;1 lilt' c·outrolliug nHll'kl't. TIH' pffpc•t of this lq:;-islntiou in its n·lation to llw hl'lllJI trude may lH' fnrthC'r ilh1strnfrtl hy tlw rC'1·ord of importations at l"nitC'cl Rtatps ports: Quarterly period~. fiscal yearTons. \"nluc. ,Tons. Vaine. Tcms.iV11.hw. Tons. \'a\uc. July-8cpt. 7,237 Sl,073 J29 ; G\M.$1 .lil,1124 ____________ J.l,93:l&'l,34f1, 153 Oct.-Dl•c __ --- 4,lfi.t h>I 893 6 982 I 272,310 20 $'2,014 It.mo l,\J2<J,2li J11.n.-:!>lar ____ 16, lti9 :l,IM2,:t43 r,,:11.~ 1, 227.117 10'2 Ji,:l6!l 21,flllli 4, 286, i:l\I Apr.-Jmw ___ ii,811 l,,;1s,oo.; l,!lOll ·136,48'2 •lti 7,fll!li S,768 l,!J!J4,li3 Total __ 34,$1 li.:Ul\~~:21,901 4,209~~: 168 :ti,Oti'J =;lli,4;>310,f>ih'>~ w:~~. ~~ !~~I;~ ~~ ~ ~: ~~.J.~~ ('upra l'Ontimws to h1• sold to Fra1u·1· nlmost exl'iusively, thr ligun•s for )!)0:1 "howing lmt 2j p<'r Cl'llt to ha\·r been sent t•ls1•will'l"l'. ~H 110 tinw during the past Ii\'!• yrurs hns tlll'rt' been u regular mnrkc•t for Philippiue sugar. In l8!J9 tllC' L"nitc•d 8tates purehasf'tl approximatt>l.\· our-half of thl' total shipuwnts. while the tlm·c years following show that tlH' prin('ipal markl'l nlt<'rnntcd betwr1•n Hongkong und .Japan; during rno:J tlll'rr was a n•1wwal of exportations to tin· l"nill'li Stall's. lmt tlw umonnt is \'CJ'Y insigniliC"allt whNI l'Oll\)lal't•cl with tlll' lotnl importations of sugar. into thi;; ('O\lntQ"· \\'ith thr l'XC'eption of ship11wnts of eig;ns to llongkong, Bi·itish East lmlirs. nml _-\u . ..;\rnlusia, th(• tohu1·1·0 \rncl1• of thl• lslarnls is eonfinl'cl ehi1·!1y to EuropPun c·uuntries. Thi' trndr in ilnng-ilang oil C"ontinues to grow rapidly. the market bt•ing found in Frnm·r. Xotwith.~tanding tlwre was a hra,·y falling off in tlH• 01w itPlll of <:opal. gums and l'f'sins show an inerras1• of 14 per el'nt cluring thr past ~-car. Indigo shipments i1wreasecl about 26 p<'r el'nt and motlll'r-of-pcarl about 40 1wr ('l'llt. Rtraw munufadun•s frll off approximakly $50,000, whil<' thr rxportation of othrr Philippine procln('ts show but little (•hangP in vuhw. T!H' grratl•r part. or 5!1 Jll'r el•ut. of tlw fon•ign ~oumwn·r of tlw Philippines ('Ontinut>s to b1• earried under thr British flng. though not to so larg1• an 1•xll•11t as was thr 1•ase in 1!102, wlwn tij p1•r c·1•11t of till' ('0111bi1H'd im1mrt and l'Xport tradP was in British nssels. ln('\ucling $2,lii",:J,j!J in gold ancl silver. and rxehtsi\'I' of GO\'· 1•rn11wnt supplil•s, tht• total importations into the Archipelago aggn•gatri\ $:lii.O!J!l,241 during tlw lisl·al yriu· ]!)O:J, of which amount $14,010.8!10. or 40 1w1· l'rut. was <lrli\"crcd in British Yessl'b: <:1•r111an. ::!:J.5; Spanish. Jn.4: Xorwegian, 8.6; Anl<'ri('an. i.I; aud all other, 6.4 per cent. Thi' \"cssp)s engaged in 1·an)·i11g thr import tradr fol' tlw pl'evious yenl' amounting to $41.0ii,;:~8 (gold and sih·c·r to the rnllll' of $8.IJ:J0,8!){j included), show thC' following rntios: British, Ul.5; (jrrman, 10.i; Spnni:;lh. lli.4: Xon1·<'gian, I.a; Anwl'i(•an, i.j; nncl all oihr1·, 2.4 pel' l'l'lll. Of tlw $:1!J,(i(i8,:Hm worth of l'X]mi·t.s, i1H·lwling $1i,;i4ti,58{i gold and sih·1•r, shippt~d in 190:!, $:10,il 1,4;)4, or ili.i p1•r c1•11t lrft the lslawls under the British flag: (;1'1"1m111 n>ss1•],.. 1•arril·d .>.4 pt•r ecnt; ~punish, Ii.:!; Norwegian, i.!J; .:\nlC'ri('an. l.i; and all otht•r, j .5 1x•r 1·1'11l. thrr<' being but littk l'hangl' O\"t>r tlw showing made for l!J02. Thr nilue of goocls impol'h•cl from the L'11it1•d Stall's during l!l03, indusive of coin ~hipnwnts amounting to $rn4,86::!, \1·as $4, IOH,!100, jO per ('f'nt being lh•)i\"l'l'l'd in British, IO in American, 5 in t:nnwn. 111111 i'5 per et•nt in all other n•ss1•1". In the :;ame year Philippi1w exports io this country approximatrd $14,000,· 000 in \'allll', hut :l per e1•nt 1·omi11g tuull'I' tlw .·\nwril'an !lag, whilP prnctil•ally !)0 pPr 1•1•nt was brought in British \·essels. _\]though thcsl' Jll'l'Cl'ntag1•s as tllt'y apply to Philippine eomnwrel' with tlw L"nited Statt•s earri1•d in Anwl'iean bottoms show au i111pro\·1•1111•11l OYl'I" the n•<·onl of l!l02, the l'Platin• proportion (·ontinucs snmll. From a eo111purntin· stnndpoint llw immigration for the· past y1·ar has uot h1•p11 hca\'y, tlw arrinds numhrring 2.J, J:Hi, as against :I0,0!14 in 1!102. 111 nationality this d1•1n•asl' is noticed pri11t'ipally among the Auwril'lllh, hut I0.!12.i t·mninl! to thl' Islands in rno:i. 01' Jll'l\('tit·ally ;"1,000 lrss than during tlw prr\'iuus y1•ar. am\ in occupatiou tht• lat1•st returns sliow fl'\l'rl' Jahorl'l"s hy :!,:IO:J. this dass of immigrnuts aggrrg11ti11g 8,0j4 in numllt'r. whilt~ among tl1r nu·io11s profN;sions ancl tracll'S of which spt•l·ial tH'l'OlllJt is tuk1•n, th1•rp 11·n1• slight inl'reus1•s, uolfr<·ahly in lawy1•rs, from ;it) to 82, elt·rg,\· from 8i" lo liO. nwrchaul clt•ah•rs ancl gro1•ns from 2,:118 to :l.!Oi. d1•rks and a1·1•011ntanls ,j;J4 lo li:-14, and all ill('J'ense in tilt' 1111111l11•r of fa1·1111•rs from rn lo i08. ·:;~~~·~-'.' ~~·-1;::'.' ~:·111•~1 t;J :1~:1j~'.~~~:1·1;;~ <~'II;:,:·.'.;:: Iii I~ lllll~l~;:.a :~7:ii:;~~l'i~~4 l]i1:'. last twl'ln· months, though ha\'illl! profl•ssions or otlwr ot·t•upations. han· not spl'l'ifi1•cl ti!l'm. Of thos1• who did 2!J!J Wl'i'I' teaehC'l"s, ;j:J la\\)"l•rs. 46 physieiaus, ti:J t•nginrrr .... 1!12 t·h•rks and Hl'l'Olllllanb. 244 merehunt d1•alrrs and l!l'Ol·t•rs. aml 1111 other o(·(·upatio11 .... 288. :\ltm• than onl'-hnlf of th1• innnigrauts. or 12.ti24 ( inclucling 8.:121 ('hinc•st•), had bt>l'll i11 tlw .hehiprlago hrfort'. Of the 11,51:! \\-110 l'UtA.•r1•tl for the first limP !l.028 11·<·1·r A111t•ri1•;rns, 466 ('him•st>, !141 .Japanest>. I!)!) Engli . ..;h, and Hj8 otlwr nationalitil's. X1•arly two-thirds of the 8.i8j ( 'hinrs1• Wl'l'I' laborl'l"s and J.!)28 nwn·hants. Thrre \Wrr 6.:rn2 illilnat1•s. but this indudrs 5.Ull ('hi111·.~'" and d1·clul'ling tlwsc t111• n•maining illitrrnt1•s numlK'r hut i"HI. or ti.I pel' l'<'lll of the tnlal immigrant!'<. APPOIN'l'l\lEN'l'S. B;r the Phili1•1•ine Ch·il Senkc Board. Hx1•c11li-vl' /hpltr/1111·111. (i1•org-c• :\[. 1-iwindt•ll, ('hit•f 1·lrrk .. January I. $2.7.iO: promotinn front c·l1•rk. (•\ass 4. (', \\", ('1dvi11. H1•l'Onh•r of thf' Commission, FPh1·1rnr,v I. $i.:100: promotion from $::!,250. Emil E. \\"l'iSI'. l'hi<'f of adminislmtion ancl linall('(' di\"ision. .Janua1·y I, $2,250; promotion from l'IPrk. class J. ::::~,:~I~~~~·(~ t ;·~... ;~\~~~~1~1~·~ l' ~:;::.~':Y]•' :. i );~~,; (:.~.() : . !~-~ '.~~o~ : 11::1·1~:~;;)t~ i c~:lit ~~o::; 1·lass 9. OFBICIAL GAZETTE 187 lll"UL\l; OF 1xsn,,\U [>l'!ICIIASIXG AGENT. J. W. )frlntyr<>, tcamsU.•r, Jannnry 10, $840; prolmtionul ap· pointnwnt. \\'illiam A. i:-;hefli<'ld. m1tchmun, ,Januar;..- :W, $ii0; probational appointnwnt. Cl,ydc A. Chane~·. trn('k driver, l•'<•bnmry l, $900; promotion from l<>umsU.•r, $7i0. .Jam<',.; H. \\'a\kC'r. t1•amstt•r, 1"<'hruary a. $7:W; transfer from Insular l'un·hasinit . .\l!C'nt, hoard of lwulth corrnl. $900. Danil'I B. )frDon;\lcl. c•INk .. January 8, $1.400; rcinstull'mcnt. \\·. \\". nun·<'r. 1·ll'rk. l•'rbruary I. $1.800: rrduction from dis· hnr,.:iul! olli<"<'r and c·nshil'r, $i.250. \\". K Clark. su1wrinll•mlc>nt of lumlll'r ;\'anl. January l, $Li00; promotion from $1.400. Eclwin \\'. Ladd, 1·!C"rk, ,Junuur;o.· 1, $1.400; promotion from ch1ss 9. H. C. Hunt, (•l<•rk. ,Jimuur:i.· I. $1.200; promotion from $900. Pl'tl'r l'as<'ual. tl'amstl'r. Ft>hruary 5, $i:W; rl'instatenwnt. C. IL Hudbill. t.E'arnster. Fl'bnmr:i.' 5, $720; l'l'inst:itc>ment. Dll'IW\'l!:).IEXT OF TlllC l'OllT 01'' ).!AXIi.A. William Kirk, rndnrnn. .Janm1r:i.· 2:J, $!)00; probational appointment. Frank . .\.. C'h1111(·y. sto1·ek('(•p('I'. Fl'hrunr~· 1. $900; lll'olllotion from teamster. $i:W. Roy L. Ebry. strnm rnginl'l•r, Feb1·uary 5, $1,200; probational appointment. l'lllLll'l'IXt: l'l\'IL SEll\'Jct; UOAIUI. Ernest X.' ~tewns, elerk, .January 24, $1,200; probational appoin~ment. _.\Jfred S. !\orthrup. rlNk. De('('mber 22. l!)O:J, $1.:WO; prohntimm\ appointment. Hobert B. Graves, clerk. F(•bruary I, $1.000; n•du('tion from class !l. Department of the Interior. lll'llEAt: OF PLllLIC 1n:.\LTll. \\"illiam J. Hood, <'lerk. January 20. $!100; probational appointment. BPrtha ::u. Gertseh, mll'S<', .Janm1ry i. $!>00; probational ap· pointment. Anna E. )frErny, nursl', .Janua1y i. $900; probational uppointment. Charles H. Bath. assistant inspl'ctor. .January 22. $900; transfer from guard, Bilibid Prison, $900. Pedrn Leynes, rnngl'1'. Der<'mhl'r I. rno:~. $300; probational appointment. Besi:;ie Agnl'>i Dwyer. law (']('J'k, Fl'hruary I, $1,200; probational appointment. John A Hathk<', skilled workman .. January l:l, $900; probiltionnl nppointmrnt. Lul'io Lagnio, rangl'r .. January 2:J, $aOO; prnbational appointment. Yietoriano Tarrosa. ranger, Febrnar;r I. $000; Jll'01110tion from $420. Domingo L. Dias. rnngl'r. Fl'hruary 11. $600; promotion from $420. .Jmrn 8u\1·a. ranger, Fl'hrnar;r I. $420; prnmotion from $:mo. Bnl'nn\'entura Aguinaldo, ranger, Fl'bruary 9, $420; promotion from $:mo. DI'. Paul G. \\'oolll'y, Assistant Director, li'ebrnal'y I, $2,000; promotion from class (i. L. A. 8aling('I', annlytical chemist. February 4, $1,500; probatio1rnl appointml'nt. l'IIILll'PIXE Cl\'II, llOSl"ITAL. .Julia E. Lidl'. nm,;c, January 2:!, $i20; probational nppoinlmeut. Depart.me11l of Comm('rcc and Police. BU'HEAU Qlo' POSTS. C. K Thrnll, postmastl'r, Camp 0\•1•1ton, Fl'hrnnry I, $1,400; transfrr from cll'rk, class 8, Manila post-ollieC'. Arthur J. Cnssicil·y, jr., elerk, Manila post·ollice, .Janna)')' 23, $900; irnnsfer from railway postal clerk, Class A. \\'. \\'. \Vcston, postmaster, Lucena, February I, $1,400; promotion from class 9. Eugenr S. Bethea, c\('J'k, Frbnrnry I, $1,400; promotion f1:om class 9 . . J. H. Ray, postmuster, Batangas, February 1, $1,000; promo· lion from Class A. llPll'n \'. Cr1•11shaw, clerk, February I, $1,000; promotion from Cius;; A. ,Jos1·ph L. Ban, st1·amboat postal clerk, Fcbrnary 1, $1,000; promotion from Class A. Ll'e Da\'idson, stl'amboat postal clerk, Fl'bnrnry I, $1,000; promotion from ('Jass .\. Frank Odnsen. sh·amhoal postal elerk, February I, $900; promotion from Class B. C. A. Tansil!. steamboat post.ti elerk, Fcbnmry 1, $900; promotion from $800. I. C. Ilombrebueno, ell'rk. F<'hrnary I, $540; pl'omotion from Class F. .Juan lluiz.._cl<'rk, Fl'bruary I. $480; promotion from Class G. ,J. P. H1•ll'vantl', lt·lter canicr, February 1, $480; promotion from Class H. Antonio Salazar. letter C'arrier, February I, $420; promotion from Class I. Felix Clemente, clerk, Febrnary I, $360; promotion from clerk, Class I. I~. L. Hp•1', elerk, ,fanuary 29, $1,400; reinstate1111•nt. \\'alter F. Boilf', postmaster, )Jalabang, January 22, $1,400; transfer from clnk, class 8. ~Ianila prn;;t-olliee. S. C. Tidd, postmastl'r. Tucloban, LrytP, February 1, $1,200; transfer from clerk, class IO. )fanila post-office. William )I. l..<'onanl, t<'amster, F1•lJ1·11ary 1, $i20; probational appointment. IHillEAU O~' l'lllLIPI'IXES COXSTADU'LARY. Hitrvl'y S. Dye, e)('l'k, ,January I, $1,600; promotion from class 8. Hal'l':'-' Debnam, clel'k, .Janual'y I, $1,400; promotion from class !>. \\'illiam .r. ,Jenkins, clerk, January I, $1,400; promotion from class n. Jonathan C. Hnymann, ell'rk, January I, $1.400; promotion from elass !). Harold F. Gilb('l't, cll'rk .. Jauuary 1, $1,200; promotion from el ass 10. Simeon Estrella. e)('l'k, .Janua1·y I. $420; Jll'OllLOtion from Class H. ,Jos~ P. Ramos, clerk, Frbruary I, $540; promotion from Class F. )lariano Gatmaitan, ranger, February IO, $420; promotion Benjamin K. Saul, cl('l'k, February 6, $1,200; transfer from from $300. Tre~sury Bureau . • \nanias Betia, rnnger. Febrnary II. $300; probational ap- Vicente de Pasion. cil'rk, Febrnar:i.· I, $240; probational ap~ointment. pointment. 188 OFFICIAL GAZETTE - ------- - - - - - lll:llEAU OF PIUSO;-;'S. Bobcrl L. f"onwrs, guard, ,January 25, $900; probational appointment. Charles A .. Jo1ws, guard, ,January 27, $900; probational appointment. f:ahino :\fanganann. guard, February 3, $240; probntional appointm('llt. Hl'gino J.i1go, kPc·1wr. F1•hrnary I, $:JOO; promotion from guard, ~240. .rulins \r. <iuill<·n, chi<•f cll'rk, .January I, $1,500; promotion from class 8. K C. \\'ells, mastc-r mPchanic, ,January I, $1,700; promotion from $1.600. l•'rnnk L. Ifatt, guard, Frbrnar,r !), $900; probational appointlll('llt. lll:RE.\l: OF COAST (;li.\RIJ AND TRANSl'ORl"ATION. Thonrns L. ,J<•nkius, a:<si,;brnl <>ngincC'r, DcccmbPr 14, }!)03, $1..lOO; prohationnl npopintmcnt. Stnling Ganlncr, ovc>l'Sl'l'l", Dee1•mber 2:1, l!l03, $1,200; transfer from lir,,;t-class patrolman, Ji;900. . .\IC'Xandt•l' )lcKt•nzil'. junior engim•N, l<'ebl'uary I. $1,400; promotion from C'onstructor. $1,200. A. L. Farnswol'th, a;;sistnnt tl\"NSt't'l', February I, $1,080; promotion from caq)('flt('I', at $3 per duy. (it•orgc JI. Gtwnlrum, a,;sbtant l'nginecr, Jnnunry ~3, $1,800; probational appointnwnt. Frnnk D. ·HaydC'n, trnnsitnmn, January 23, $1,600; probutional appointml'nt. \\". E. Thomason. r1•corch•r. Januar,Y 23, $1,200; probationul appointnll'nt. F. R. Bomwr. chil'f clerk, Janmu·y I, $1,800; promotion from cluss 8. Gu~· T. lfo;hl't', propl'rty clerk, .January 1, $1,400; promotion from class 9. Georgl' H. PC"ck, cll'rk. ,Januar~· l, $1,400; pl'omotion from class 9. J. A. Dillon, l'l'Cord clC'rk, .Januury I, $1,400; promotion from class 9. David Hornwsk~-. 1'od1mlll, January 26, $1,200; transfer from clerk, class !I, Philippine ci,·il SC'l'\'icc. T. \\'arrl'n Allen, assistant engineer, February 9, $1,600; probational appointment. Hobert A. lllair, trnnsitman, F('bruary 4, $1,400; probational apopintment. <tl'orgt• P. Cowan, trnnsitman, Fl'hnrnry 4, $1,400; probational 11popintnwnt. Department of Pinmrcc a11d Justice. IIJ,;REAU 01'' TUE IXSELAR THEASL"RY, 8chuy!C'r 'I'. K<'ndall, ch•rk, .January 2a, $1,200; probational appointme~1t. \\". Y. IIaml~-. cl('J'k, October I, 1!)03, $1,800; reduction from cln~" 3. \\". Y. Hand,\·, clerk, .January I, $2,500; promotion from class G. ).lacario Carrillo, clc•rk, February I, $600; promotion from Ulass F. Tito D:l\"id, cll'rk. Ft•hrnnry 1, $540; promotion from Class F. Jose Cnnst>co, clerk. FC'bruary 1, $480; promotion from Class G . . Juan Cruz Sanchez, clerk, Februal'y l, $420; promotion from Class H. Epifanio Guisia, clerk, February l, $420; promotion 'from Class II. Longino Javier, Fe~ruary I, $420; promotion from Class I. John IC Pickering, clerk, January 18, $!JOO; pmhational np· pointmcnt. B{'IH;AU 01-' L"l'liTOMH A:\'ll BBIHJltATTO:-<. \\'illiam G. Pottinger, stenographer, January l:J, $1,200; probational 11ppoi11tml'nt. ,Jacob Llll'it', stl'nographcr, ,January 13, $1,200; probational appoiutnlt'ul. ' Apolinario d(• LC'cm, clerk, .January 21, $180; prolmtional ap· pOintnwnt. Vic1•11tc Alido, guarcl, January l!l, $240; probational appointuu·nt. 8teplll'n C. l>t>Brnll. sun·pyor of customs .. January l, $1,800; promotion from $1,GOO. Anthony F. Donnhanit, fourth-class examirn·1·, .January I, $1.000; promo! ion from $900. .Ja11ws lL )(unro, master .• January 5, Jf;I.200; probational appointnwnt. \\"illiam Outnson, clerk, ,January 1, $1,200; probational nppointnwnl. Fruto l'om·P, 1·lt>rk, .January 22, $180; probational appointmcnl. Samuel Banh•lsou. storl'kccper, .January l l. $900; transfer from ('lt•rk. e\ass !J. Forl'stry nnrl'11u. T. K J,u('11yo. baggage inspector, February 5, $1,000; reinstatcuwnt. Eel. ll. Sizl'I', jr .. apprnist•r of textiles, ,January I, $2,250; promotion from appraiser of miscPllnneous goods, $2,000. ,J. K )!alloy. appraiser mi:-1el'llancous goods, January 1, $2,000; promotion from first·('lass 1•x11miner, $1,600. Fnrnk .f. l'l·nine. t•hh•f, gC"nernl ortlC'r stores and bonded warehnu.~t· 11ivision .. J111uwry I. $2,000 .: promotion from $1,800. Bnw<• (j_ Dit·kt',Y, chi1•f, passenger und buggnge division, January I. $2.000; promotion from $1.800. ,John II. Kipp, 1•lcrk, l•\•hruary I, $1,800; promotion from firstdu.~s 1•x1llui1u·r. Jf;l.600. 11. L. Barrick. clt•rk, Febrnary I, $1,800; promotion from clm;s 7. :::\. Charil's Brooks. clerk, Junual'y I, $1.800; promotion from t·lass 7. E. K Cos1wr, ciC"rk, ,January 1, $1,600; promotion from class 8. Fn·1I P. Folkn('r, t•lcrk. January l, $1,600; promotion from 1•lass 8. Al1•xander ('. Hupp. clerk, January I. $1,600; promotion from 1·\nss 8. HC"nry E. Abbott, second-class examiner, February I, $1,400: promotion from class 9. \\'illiam F. )[ul'llC'I', examiner, February l, $1,400; pro1i1otion from class 9. .John Lakern•ss. clerk, January 1, $1,400; promotion from class 9~ \\'illinm C. Gash, clerk, January I. $1.400; promotion from liquidator, $1,200. C'h11rlt>~ Stcinhilbcr, clerk, January l, $1,400; promotion from elass IO. .John I-I. Thigpen, first-class examiner, January l, $1,600; pro· motion from st>cond-class examiner, $1,400. Edward Turner, se('ond-class examiner, January I, $1,400; promotion from thinl-class ('Xaminer, $1,200. \\"illiam \Y. Lewis, third-class examinC"r, January 1, $1,200; promotion from fourth-class examiner, $1,000. Clrnl'i('s J. Cose!, fourth-class examiner. January 21, $1,000; promotion from fourth-class inspector. $900. Florence L, Dell, clerk, ,Jnnunry 9, $1.000; promotion from $900. James Z. Linvillt>, clerk. January I, $1.000; promotion from $900. ,Janws E. Sanda, clerk, January l, $1,000; promotion from $900. Kimpton 1-Iinws, clerk, January 1, $1,000; promotion from storekeeper, $900. OFJTICIAL GAZETTE 18H .._tf:,~;~·~;~·p:1::1~~~~:;;'.1al'l, (·lt•rk. ,Jnuu.ary l. $1.000; promotion from ElmN K Cooh·y. liqni(\alor, January lti. $l.OOO; promotion from slorpk<><>pt•r. $!JOO . . \polonio ,Jamias. dNk. ,Jnnuary I. $:!-ill; promotion from $180. LambC"rto \'l'r, 1•lcrk. Jnnuary l. $:!40; promotion from $180 . . \ng<>l S('rl'IHlll. <'h•rk .. January I. $::!40: promotion from $180. F. )I. :';atn•. «hh·f dPrk, ,January I. $1.800; promotion from "'•l)Wl"illll'llCh·nt of tlc\i\'(•l'i1·~. $1.tiOO. ,Jm<t•ph f',\'\\'ia. t1•nm,,t1·r. l•\•hnrnr~· I. $i:W; p1·0111olion from $000. .Janws \\'.Brown. 11»1111-:.h·r. FPhnwry I. $i:W: promotion from $ti00. .James B. \Yood, lt•amsl<'r. F<>bruar;r I. $i:W; promotion from $ti00. .\ld(•n Shnfrr. te>amster. l•\•bruary 2, $720; probational appointnwnt. 1'\•lix :\lorul. earpentl'r, F<•bruarr :.:!, :t;:JOO; probational appointment. J.oni,.; \\". (;ruham, teamskr .. Jnnuary :.!H, $720; probational appointnwnt. lll"HE,\I" OF .JCSTICE. .l:tm1•-. \\". Dmwun. ,,tl'nograplwr. .Junua1·y 13. $1.:WO; probational appointment. ('a,.;tor Uutil'l"l'l'>'. l'it•rk fi:s('a] of Homblon .. January :!:~. $i40; prohatioual appoinlml'llt. lli.~:d110 \-'italis. intl'rprl'h•r. H1•1·01Hl .J111li,·ia\ l>btrid. Ft•hruary l. $UOO; transfer from intt•qll·1•t('J'. o!TiC"l' pro\'in('iul tn•as11r1·r, llot·o" Sur. $:rno. .r. E. Blanl'O. 1·h·rk. HUJH"t'llll' Court. .Jan11ary I. $3,000; promotion from deputy eil'rk. $:!.000. Arthnr S .. \\Ian. dl'puty eil'l"k. Supn·m1· Court. Ft•br1111r;r tt, $i.OOO; promotion from sh•nof_•Taphl'r, $1.800. Samuel FNguson. "t<•noµ;rn]'her. First ,Jmlit•ial Distri,•t. l•'l•hrua1·y I. $1.iOO; trnn,.frr from "\ttorrn•y-<:<•1wrn\'s ollit·<'. .\1!0\ph F. Dl'\-kl'I'. -.t1•1ioµ;raplwr, n!Tk<' Attonwy·Ul'lwral. Fl'hruary I, $1.:!00; transf1·1· from Fir!<t .Jn<li<"ial Di"tri<"t. IL F. Bridgl'". "tt•noµ;rnplll'r. Ft•hnmry 8. $1.iOO; trnn-.frr from Exl'<·uti\'(' Bureau. Pn.-.l'ual Uoz11111. c·opyi.-.t. l'ourt of First Instant·<'. Fourth ])j.;. tri('t. Fl'hrnar:'>· l. $:!40; promotion from $1:10. . .\urelio (iouu·z dt• .,, . ..,n,... ,,frno~rapht•r .. January I. $1.200; l)J'O· motion from ('\a,,s .\. . Jose• Pinon, 1·lt·1·k. Ft•liruary I. $4:!0; promotion from ~:mo. /)1·1mrlmnd of l'ublic lm1/n1('fim1. C. I,_ IIoo\·1·1". k;u·hl:"I'. Fl'brn11r:'>· l. $1..lOO: pro111otion from class !l. C. \\". Dupp .... tadt, tcadwr. Dl'<'C'lllhC'r l!I. 1!10:1. $1.iOO; prohalionul appointment. )lose.<; Frirdman. h•ueher .. Janu;11",\' 1:1, $1.:!00; prnbational appointment . . James \Y. Trn\·j,., te:wlwr, .January :i, $1.200: prnlJ1itional appointml'nt. William F. l'mphn•:'>·· k;1dwl' .. fanuury 1:1, $1.iOO; probational :11,pointnH'nt. Leon H. Briµ:µ:s, l<•;u·ht'r .. J1111ua1·:-.· :i. $1.000; prnlnilioual appointnwnt. .Tames D. DU\\·-.011, t1•aelwr. J)r('c•mhl'l' 14. 1no:1. $1.000: J'rohational appointment. 14678--4 . Earl T. l:old. ka<·il<'r. December 14, l!IO:I. $1.000: probational nppoi11\111c•nl. llt•nry E. l'i<·1wr, h•a(·lwr, Jkce111ht'l' 14, l!JO:I, $1.000; prnhational nppoi11t1nc•nt. Chal'll's .\. Hat<"hliff. lC'H('hcr, DeeemhPr 14. rno:1, $1.000; prolmtional U]'Poinlnwnt. llobc•rt f)ouglas, tc•nclwr, Janm1ry 1:1, $1,000; probational ap1wint1111•11t. \'(•lt•:n· L. :\litll'hart. tea('hcr, ,January 13, $1,000; probational a1,pointnw11t. Frnneis JI. !"lnglt., t<'achcr, Jammry !:~, $1,000; probational il]'poi11l1111•11l. Citll'<'IH'c T .• -\llt•n, tcaeil<'r, DPc('lllhl'I' 24, l!J03, $!JOO; prohational appoi11!11wnt. l<;(hll'rtl L. S<',\'lllOUI', tml'hc•r. Jlpt•embt•r 14. 1!103, $!l00; probational ap])()inlml'nl. Thoma~ Shaff<·1" tt•iwlwr, DPl'C'mbl'r 14-, 190::!, $!)00; probntimml appoiulnwnl. Ct•orgc• .\. \\'1•\J,.lt•r. lt•a("lwr, 1Jec·p111\wr 14. l!JO:~. $!JOO; probational appointment. Thomu,. II. l'assicb:.. tt•aeher, Dc•eemhPr i4. HJO:J. $900; probational appoinluH·nt. (;1•org1• E. .\tkin,,011. l<'al'hl'l' .. Jamwry 5. $000; prnbationnl ap1wi11tnwn\'. Hohl'rt l". B1•ny111an. frac•hl'r, .Jnmmrr ;), :ji!JOO; probational ap· poinlnwnl. Thomas('. J.<111111m. teadH'r, .Jammry ii, $!JOO; probational ap· pointm1•11t. Ch11·1•neP I'. l'roviti-.. l<•adwr, .Ja1111a1".\· 5, $!JOO; probational ap· pointnwnt. ,J('~sc• Drakt'. lt'H<·hl'I", .January l:J. $!100; prohutiunul nppoint· nwut. .Jost'ph (i. ll<•warrl. lPac·l1er, ,January l:J, $!JOO; probational appoint1u<'nl. \\.i\liam F. !,a l'oinll'. h-a,·lwr, ,Junnn1y J:( $900; probational appoint1u1•nt. :\h•1Titt H. '.\liPr. !<'<H'IH'r .. January J:-1. $!JOO; prnlmtionnl ap11oiutuwnt. '.\h·,p·1· Sc·h1•1•1". lt•at·lwr .. /~11.imry 1:1. $!100; probational appointllH'lll. .John .-\. S1•:don. tt•al'IH'r, .Ja111u1ry 1:1. $!100; prolll\tionul ap1mintmc•nt. \'ic·tor E. Sparklin. lPal'h<•r. ,fanuary l:J. $UOO; pl'obatjonal appointnwnt. William T. To\\'llSl'IHI. ll'iH·lwr .• Ja1rnar.v 1:1. $!JOO; probational uppoiutmcnt. lluµ;h 111. \'an Tim•. tt•;H·lwr. .Jauuary Iii. $!100; prnbational appointmc>nt . \\'illiam S. ('a1·cl. l<•a<"IH'r. ,Jannary i4, $1.iOO; probational appointmPnt. I!o1111·r \\·. Da\·is, tl-nl'lwr .. January :!4. $1.iOO; probational appointllll'lll. Fram·i.-; :\I. Tunn,\". frac·ht>J', ,January :.!4, $1.iOO; probational ap11ointmc•nt. Ll'wis Carrigan, l<'adH'r, .Tanm1r:-.· i4. $1,000; prolmtionnl ap])()intm1•11t. ,John B. ('on·ornn, t1•;1<·he1·, .Ja111111ry i4. $1.000; probational appointment. ,John D. lfo,..,,l'll. tea('ht'l', .Jn111111ry i4. $1.000; prnlmtio1ml appoi11tm1•11t. llany . .\. 'l'aslL, tc•acll<'l', .January i4. $1.000; prohuiio1101l <IJl· pointml'nt. Thnmas M. Bi<•IM·, \l•;u·lwr. ,JamuHy i.J, $!}00; prol111tional appointment. Benj11min JI. Brnmt•ll. i<'ac·lll'r .. January :!4. $!)00; proh11tio1111l appointmPnt. IBO OFFICIAL GAZETTE Halph I\. Huek\arnl. teacher, January 24, $!l00; probational nppoinln){'lli. \\'i\htH'r Chamberlain, tcaclwr, Janna]')· ~4. $HOO; prohalion11\ appoint11wnt. Can•y .\. LnlL trachcr. ,January i4. ~900; prolmtiunal appoint nwnl. ,/ost'ph K :\ludarn. \<'al'hcr, Jannnry 24. $!.lOO; probational uppointuwnl. licor;.rl' E. ~lurtin, kat•hcr. January ~4. *!JOO; probational np· pointnu·nL ,h•><:<t' H. :Morrill, tl'achcr, JamUll')' 24. $900; probational appointml•nt. Georgl' \\'. St. Clair, teacher, January 24. $!JOO; probational appointtm•ul. William H. Seright, teacher .. January 24, $!)00; probational appointment. E\'crett }.l. Stanley, teacher, January 24, $!)00; probationnl appointment. Harold E. Walker, teacher, January 24, $900; probational appointment. Louis N. Wilcoxson. teacher, January 24, $900; probationnl appointment. Manuel Bel<lerol, clerk, division superintendent, Tagbilarnn, February 8, $360; probntional appointment. Emilio Montilla, clerk, diYision superintendent, Bacolod, January 25, $360; probational appointment. Jere Turpin. teacher, February 1, $1,200; prnmotion from $1,100. Ali<'e J. Clark, teacher, January 1, $1,200; promotion from $1,100. Leland S. Smith, clerk. F<>bruiny 3, $1.200; rcinstat<'ment. m;m::Al' OF PL'llLIC PIUNTING. Roscoe E. Baber, craftsman instructor, February I, $1,400; promotion from compositor, $1,200. Edwin C. Jones, superintendent of instruction, January 1. $3,000; promotion from $2,500. J. A. Hoggsette, foreman of printing, January I, $2,2JO; pro· motion from $2,000. W. C. Boothby, clerk, January 1, $1,800; promotion from $1,600. George \\'agcnlander, jr., craftsman instructor, February 4. $1,400; probational appointment. Ambrosio Nerida. craftsman, February l, 1"2; probational appointment. Bernardo Balaza, junior bookbinder, February 8, Pl.SO; proba· tional appointment. Roman Santo,.;, apprentice, February 1, $0.30; promotion from sixth class. Victor Ruiz. apprenliee, February 1, $0.30; promotion fro111 sixth class. Crbano C. Luna, apprentice, February 1, $0.30; promotion from sixth class. City of Jlan.ila. :\lL'iSICIPAL BOARD. Harry L. Hall, clerk, January I, $1,400; promotion from cluss 9. John S. Hinckl('y, clt•rk, January 16, $1,400; promotion from class 9. Isrnel D. Leibston. recorder of :Municipal Boan!, February 1, $1. iOO; promotion from clerk, clUss 7. Edward L. Stanford. cl('rk, ,Jummry I, $1,GOO; promotion from class 8. Joseph L. Connor, cll'l'k. F<>hruarr 4, $1,400; transfer from City Attornc-y',; Offie('. Ut:l'AU'J'MKXT OF ASSES!:!;:\lJ::XTS AXLI COLI.t:CTIOXS. \Yilliam 1". 1-'.iullirnn, chi('f clerk, January I, $1,800; promotion from l'icrk, class i. Ikn K Lear, superintendent of nrnla<h·ro .. Jannary I. $1.800; promotion from clm;s 7. Ony 81agl(', el('rk, January 1:1. $1.000; promotion from class 8. Louis :\I. Kreplcevcr, cll'rk, January 1, $1,400; promotion from clussO. ~\rthur E. Powell, clerk, Jannar~· 1, $1,400; promotion from class 0. Hoseoc R Whiting, clerk, January I, $1,400; promotion from class 9. l<'rnncisco A. Dominguez, rccl•iving t('llcr, January 1, $900; promotion from Clnss C. Ramon Farolan, stamp clerk, Junuary I, $600; promotion from Class F. Eriberlo Pnterno, clerk, January 1, $420; promotion from Uluss II. Feliciano A. Capulong, clerk, January I, $420; promotion from Class I. Eusebio Pascual, clerk, January 1, $420; promotion from Class I. Pablo Elnzc-gui, clerk, January 1, $360; promotion from Class I. Isi<lro Garcia, clerk, January 1, $360; promotion from Class I. Teodoro H<')'l'S, clerk, January 1, $360; promotion from Class I. Cleto P. Hosnrio, receiving teller, January 1, $420; promotion £rnm Class 1. )[arcC'lo Buencuchillo, clerk, January I, $300; promotion from Class J. )[artin Bunda, clerk, January I, $300; promotion from Class J. Alfonso H.C'yes, clerk, January I, $300; promotion from Class J. Celcrino .A. Cruz, clerk, January 1, $300; promotion from Class J. Escolastico Sanchez, clerk, JanuaQ' 1, $240; promotion from $150. Eduardo Maranan, clerk, January l, $240; promotion from $150. Pablo Herrera, junior drnftsman, January 1, $900; promotion from' Cla!:is C. Felix Havago, clerk, January 5, $000; promotion from Class C. Pio Luz y de Leon, clerk, February 2, $240; probational ap· pointment. lsitlrn Pulido, clerk, February 1, $150; probational appointment. Melecio Ilagan, clerk, February I, $150; probational appointment. Emeterio Santiago, market inspector, February 1, $480; promo· tion from Class G. hitloro Acosta, market collector, February 1, $360; promotion from Class I. C1•]('1'ino Canas, market collector, February I, $300; promotion from Class ,J. IJEPAllTMEXT OF ENGINEERING AND l'UDLIC WORKS. Gautlcncio Quisumbing, foreman, water ser\'ice, January 1, $540; promotion from foreman, water service, $480. ,J. C. Mahan, superintendent street cleaning and parks, January I, $2,250; promotion from $2,000. Hob('rt ::\L Loper, inspector of buildings, January l, $2,000; promotion from $1,800. 8. B. Patterson, first assistant city engineer, December 14, 1903, $2,500; promotion from $2,000. ,John )f. Costellow, stable foreman, February 1, $1,000; promotion from teamster, $840. William Hough, foreman of crematoril's, January 1, $1,020; promotion from teamster, $840. hidro Salazar, clerk, Febnmrr 1, $300; promotion from $300. I-I. ,J. '.\Icany, clerk, JnnuaQ' I, $1,200; probational appointment. OFFICIAL GAZETTE 191 Rolland G;1rd1wr. machinist, February !.l, $1,200; probational LAW DF.l'ARTMEXT. appointment. J'llanucl )I. dcl Castillo, junior draftsmnn, February 14, $300; probational appointment. Pedro Yill<'gns, junior drafbman, FC'bruarr 16, $:300; probational appointment. R. W. Campbell, teamster, February 4, $840; reinstatement. \\"illiam 8oso. blucksmith, .Tanuar.'· I, $1,080; promotion from $900. ,Jo;;c ;\I. Po1n~s, stor1'kecpcr, F1•hrunry I, $-l20; promotion from clerk, $300. )farinno :'II. Celi;;. nwtcr inspcctor, l<'<'bruury 1, $-180; promotion from clerk, $300. POLICE DEl'ART:UEN'l'. Henry Ducdickcr, first-class patrolman, January 21, $000; probational apopintment. George :Mt>rrill, lhst-chi;;s patrolman, Januuy 21, $900; reinstatement. Rudolph E. Walters, first-class sergeant, January 27, $1,300; promotion from roundsman, $1,200. Frank J. Bunyea, first-class roundsman, January 27, $1,200; promotion from patrolman, $900. John E. Kelle~·. first· class patrolman, Jnnuar.r 27, $900; probational appointment. Charles G. LC>mke, first·class patrolman. Junuar;y 2G, $900; probational appointment. Alexander Rowan, first-class patrolman. ,Januur~' 26, $900; pro· bationnl appointment. Bl'njamin F. 8eh-idge, first·clas.s patrolman, ,J1111uar.\· 27, $900; probational ilppointment. Leonard Hoffman. first-clitss patrolnurn, January 23, $900; prn· bational appoint111t>nl. William II. LC'nk. first-class patrolman, January 23, $!100; probational appointment. John C. Norf'n, first·clu;;s patrolman, J1muary 23, $900; probational appointment. John C. l\lack<'y. first-class patrolman, January 23, $900; probational appointment. Gu~· Swallow, first·class patrolman, .fan.unr;.,- 23, $!JOO; probational appointnwnt. C. C. Wineklt'r. first-class patrolman, January 23, $900; proba· tional appointment. James .J. Hohins, clerk, ,Janm1r~· I, $1,UOO; p1·0111otion from class 8. Frunci<> ).L King, fir:.t-class patrolman, January 2:1, $!>00; pro· bational appointment. FIRE OEPAllT'.\IE:>iT. :Meyer Antikoll, driver, January 2:1, $!JOO; probational :ippoint· ment. Edward Buchunnn, driver, .Tanuar,\· 23, $!JOO; pl'Ohational ap· pointment. John Hannan, driver, January 2:1, $!JOO; Jll'Obational appointment. Hiram Schraman. tldver, Jnnuur~· 23, $!)00; probational appointment. Victor L. Brill. assistant foreman, Fc•hrnaQ· 11. $1,200; promo· tion from fireman, first-class, $1,000. John M. Brown, assistant foreman. February 10, $1,200; pro· motion from fireman, first-class, $1,000. Eznt S. Crist, assistant fon•man, February 10. $1.200; promo· tion from fireman, first-class, $1,000. Herr~' H. L~·l<'. assistant fo1·<'mi111, Februarr 10. $1.:WO: promotion from fir<'nHrn. first·class, $1,000. Lult'e 8. 1lewett, stenographer, February 4, $1,400; trnnsfer from Attorne_r·General's ollicc. Cl'eilio Apostol, trnnslator, FebrnaQ· l, $1,400; promotion from class nin<>. Maximo Salonga, clerk and t.rpcwriter, February 1, $1,000; pro· molion from Class A. Provinces. Almos CAllAllINEli •. Apolinar_\, ~arciso, d<'puty, Jnnuary I, f"GOO; promotion from clerk, $210. Jose Gonzales, clC'rk, January l, P420; reduction from deputy, $300. RENGUET. Howard D. Fuller, clerk, January 27, $900; probational appointment. C. E. Roadhouse, chief clerk nnd deputy, December 1, 1903, $1,200; promotion from elerk, Class A. BULACAN, Frnnk If. Gorf'-, df'pUt)•, January l, $1,000; promotion from $000. Placido Pcfiarin, clerk, Januar;y I, $240; promotion from $180. SC'rvillano de Jesus, elerk, JnnnnQ' l, $180; promotion from $150. CAPlZ. ).h·lquiadcs ).fontnfio, clerk, 1-'l'brnary 1, $150; probational appointnwnt. !LOCOS :"ORTE. 8iuwon :\Janda<', clerk, February I, 'P'240; probational appointment. Francisco MartinC'z, clerk, Febnmry 1, 'P'240; probational appointm<'nt. \Yillium Gordon, master launch Ogden, July 1, 1903, $1,200; transfer from Coast Guard cutter Palawan. Frnnk K. Crnmb, dC'puty treasurer, January 13, $1,200; probational appointment. EugC'nt' K Sizemore, road foreman, .July 1, 1903, $720; probationa I appointment. Lol'en L. Day, trcu!Surer, district of Lnnao, January 7, $1,500; reinstatement. /:itC'phC'n E. Beard, treasurer, district of Cottabato, December 1, l!l03, $1,600; probational appointment. Daniel T. Brown, clerk, office sup<'l'intendent of schools, February l, $1,400; promotion from $l,:l92. Bernardo )la<'rohon, clerk, September 10, 1903, $150; probationul appointnl('nt. ·Walter E. Chunyut, chief clerk (provincial engineer), October lli, 1903, $1,500; transfer from clerk, class 9, Province of Iloilo. Winston II. Granbcry, stenographer, January 1, $1,400; transfer from oflicc of secretary, J\Ioro Pro\'inee. Jose Borjn, clerk, September 10, 1903, $360; transfer from offi~ of district collector of internal revenue. John F. Holnday, stenographer, DecemOer 24, 1903, $1,200; probationnl appointment. Filonwno . .\.rquiza. t\C'puty, 1"<"hruary I, $150; probational appointmC'nt. 192 OFFICIAL GAZETTE Andres P;1stor, ckrk, ,January lti, $1,200; tmnsfrl' from clerk at $1,080, offieC' of th<' prodiwial trl'a'4nn•r of lloilo. Tomas :\InddC'la, b,tc>rprPt<'r 1m1l clerk, :Novrmbrr I. l!l03, $420; promotion from $300. Inoceneio de (;uznmn. rlrrk, .Taml:uy 1, $180; probational ap· pointmcnt. Pablo Maror. c\Nk. Odohrr -I, \!IO:l, $150: prnbationnl appointment. Frank :N'. West, drput:-·, Dcc<'mber !l, l!)O:!. $000; probational appointment. Pedro Lninrs, clerk, .\ng-ust I, lfl03, $150; probational ap· pointmcnt. Hoque Gaeln. clC'rk, SC'ptembC'r 21. 1903, $150; prnbnlional appointment. ltESIGNATIOXS. Prot:inces. BULACAN. :\Innnel Casal, auxiliar~' justice> of thr f)('Uce. Quingna, December 23, 1903. !LOCOS :>:ORTE. Maximo Sales, justice of tlw J>l'ace, Rnngui, Januar~· 23. 0 Un•gorio Xurnrro, justice of tlw prncl.", ~ar\'aC;\ll, F1•bniary 16. Ramon F<'l'IHllldl.";i;, pro\'i1wial fiscal, February 12. A. P. I-lay1w, director of tlw agriculturnl collrgc and experiment ;;tation; January I. 8imf'on )Canion, auxiliar,\' justice of the peace, San Narciso. ,January 18. Contents. l'uhlic hn1·s: Xo. 10:'>1, tonmcnd the Municipnl Code by dlsqunlifying certain pcr.;ons from \'Oting. Xo. 10~>2. to proviclc for n second revision of the nsscssments upon renl estate in the Province of Bntnngns. Xo. 10.-.:1, extending the lime for payment of land tax in the Pro\•ince of Cnpb, etc. Excc•utiveorrlen;: Xo. 11, rules go1·crning shipment of freight on Coa.~t Gunrrl vessels. Decisions of the Su,rreme Court: ,\gncdn Benedicto r.<. K~tebnn de In Itnmn. l'nitl"d Stutes 1·.<. R!lfael CC"rl'l1ntes. !'niter! States rs. J. Ynlentine Karl."\sen. Statistics; Bon~~ii/i ;11~;l!g/~(0t:1fi~~~~~~~~c Islands\'it11I statistics furJ111111ary. Wl."nthcr BurcnuMeteorologicnl duta for Occ:ember. Meteorological dnta for January. Burcuu of Cll8lom~ nnd lmmigrationAppoint(:i~~~·[~L:l st11tement of commerce for fiscal year ending June 30, 1903. By the Ci\'il Scr\'lee Bourd. QJ)~~iri Published by authority of the Insular Government under and by virtue of Act No. 453 of the Philippine Commission. VoL. II MANILA, P. I., ~L\ !{CH 9, 1904. No. 10 Pl'BLJC LAWH. [Xo. IO."'i4. I AX ACT TO Al\IEXD SECTIO~ ELEVE~ OF ~\CT ~C)IBERED SIX HUKDHED A~D XJX.ETEEK, E~TITLED "AN ACT TO PRO).fOTE GOOD OHDER AXD DrnCil'Ll::\E IK THE l'lllLlPPIKES COX~T~\BCL\RY," SO AS TO l'HOVIDE THAT WHERE TIIE ACCn'lm HAS BEEX CO~VJCTED BY SL\L\IARY conn TJIHEE TDlE.8 \\TL'HIX A YE~U!. HE :\IAY BE SEXTEXCED TO RE DISHOXORABLY DISCHARGED AXD TO FORFl..:IT ALL PAY AND ALLOW_.\XCES 'DCE OR TO BECO:\IE Dl:E, IX ADDJTIOS TO .-\.XY OTHER PEXALTY PROVIDED BY LAW. Hy a11thol'ity of tl1c Unif('d Stutes, be it enacted by the Philippine Commission, that: SECTIO:'i I. S1•ction 1•h•nn of Art XumherC'd .Six hull!lr<"cl and ninl'h'!'ll, cntit!C'd "An Act to promote good order and disciplin(~ in the PhilippinC's Constabulary," is hereby amended by imwrtinl! in tlw eighteenth line of said sl'etion, after the word "dischargl'd" and before the words "in ad1lition to the penaltiC's herC'illiJl'fon· mf'ntioncd." the followinµ- won!.~: ·'and to forfeit all pay and allowanf'l'S dur or to beconw dnC'." so that the proviso in whif'h said in;;rrtion occurs shall rrad as follows: "Provided, That whrrc the accused is a noncommissionl'd officer or a first-l'lasi< pri\·atc-, hC' may bl' sentt>m'<'d to rrdnction to the grad<· of seeondclass pri\·ate in addition tll('reto, and that where the aecusl'd has been com·ietC'd b~- smnmary court three times within a ~-car he may hi' spntl'nccd to Ur dishonorably clischargcd and to forf<•it all pay and allowancrs duC' or to bC'COme due, in addition to the penalties lwrl'inhl'forc mention('(!." SEC. 2. The public goo<l rec1uiring the Spl'edy rnactmcnt of this bill, the passage of tl1c saml' i~ h<'rl'b~· expcditt•d in accordanc(' with srction two of "An Act prescribing the order of proccdurr by the Commi~"'iou in thC' c•nactmcnt of laws." pass('d Sl'ptl'mhc•r twent~'-sixth, ninrtl'l'n hundred. SEC. 3. This Act '>hall tak(• l'lfcct on its passagl'. Enaetcd. F!'bruary 20, l!JO-t. [No. 1055.] A~ ACT REGlTLATIXG ACCOC~TAilILITY FOR ALL RECEIPTS WHICH )fA Y RE DERIVED FRO:\I CONCESSIOXS GRAXTED I~ COX~ECTION WITH THE PHILIPPIXE EXHIBIT AT THE LOUISTA~A PURCHASE EXPOSITIO~ AT 8AI~T LOCJ8, l.fISSOl"RI, AXD CREATING THE OFFICE OF CARHlER FOR THE PHTLIPPI1'"E EXHIBIT, AXD FOR OTHER PL'RPOSER. Ry authoYity of tire United States. be it enacted by the Philippine Commission, that: :':ECTIO:\' I. All rl'CPipt>i from concessions gmnte(I by the Philippine Exposition Honn\ in connf'etion with tlu· Philippine Exhibit at th<· Loui>iiana PurchasC' Exposition at Saint Louis shall hr deposited in the Insular Treasury, except as hereinafter provided, through IL national bank depository at Saint Louis to he designated by the Secretary of War, without any deduction, such deposits to rcwrt to thC' credit of the appl'opriation made in Act Numbned Five hundred and fourtr(•IJ for the collection and main· temllll'l' of said Philippine Exhibit. HEc. 2. For the' purpose of carrying out the provisions of the pn•ccding section there shall be appointed by the Philippine Ex position Board, subjret to the approval of the Secretary of \Var, nu oflirn to be' known as ti\(' cashi('I' of the Philippine Exhibit at Saint Louis, who shall rrcei\'C a salary at the rate of two hundred dollars, l"nitcd States Clll"l"l'nl'~', per month, and whose employnwnt shall extend for such time after the close of the Exposition as may be nrcc>ssary, in the discretion of the Secretary of \Var, for the closing of his accounts. The Philippine Exposition Board jg further authorized to grant to the said cashier such clerical assistance as may be necessary properly to perform the work of his office, at sulal"ies to be fixed by the Board, subject to the approval of the Secretary of War, nnd shall provide necessary office, oflice furniture, and office supplies. The said cashier and such of his assistants as shall be required to make collections shall give bonds to the Governmc>nt of the Philippine Islands, through the Exposition Board, in such amounts as may be approved by the Secretary of War. SEc. 3. Each individual, firm, company, or col'poration which may be granted a concession on the grounds of the Philippine Exposition Iloard at Saint Louis, and known as the concessionaire, shall keep full and true accounts of the receipts from all sources mC'ntioncd in his or its contract, in a book or books especially kept for that purpose, and said accounts shall be at all times open to inspection by the Philippine Exposition Board, its cashier or his authorized reprl'sentati\'es, and the Philippine Exposition Board shall pr!'scribe the form of book or books above mentioned and the mC'thod in which the concessionaire shall keep such account, and may supc>l'\"ise the keeping of the same, and may require any clwngcs in any existing methods of keeping said account or in the manner of ascertaining the amount of the gross receipts. The Philippine Exposition Board shall supply all checks, tickets, or other devices, of such design as it may select, and prescribe a system of duplicate checks, tickets, or other devices, and shall have the power to appoint agents, ticket sellers, and ticket takers or other persons to cafry out the provisions of this 'section, and shall require the use of cash registers or other appliances to receive and account for cash receipts from any source, whenever in its judgment it may be deemed necessary or desirable, and the cost of such agents, duplicate checks, tickets, ticket takers, ticket sellel"s, or other persons, devices, or appliances shall be paid for as may be provided in the contract concerned. Each individual, firm, company, or corporation holding n concession shall pay over t.o the cashier of the Exposition Iloard, daily, if required, and not less often than once each week, nil moneys received from any source or sources co\·ered by the said concessionaire's contract, without any dC'duction whntever: Provided, however, That in all cases in which the contract of the conc!'ssionaire requires a sepa193 194 OFFICIAL GAZETTE ration or division of such rccripts between the Exposition Board nnd the concessionaire, and the rC'spcctiH amounts may be immediately defrrminrd, said concessionaire shall, upon the certificate of the chairman of the Exposition Board, be! required to pay over to the cashier of the Exposition Board only such portion of the reecipls as mny properly accrnc to the Philippine Government through the Exposition Board, in ncconlance with the terms of the contract. The mon<'ys so rccC'ivcd by the cashier shall he dPpositcd as pro\"idcd in section one of this Act. 8Ec. 4. Each concessionuire, on paying over any amount whatsoen•r to the cashier of the Exposition Board, shall submit therewith abstracts of collections, in triplicate, covering such amount. 8aid abstract shall show the inclusive dates for whieh rendered, and the class of receipts shall be subdivided thereon by the concessionaire as follows: (a) Sale of articles fabricated or purchased for sale. ( b) Sulc of tickets for admission to ground or entertainments. (c) :Miscellaneous receipts. The concessionaire shall certify that the abstract is n true and correct account of all mont>ys whatsoe\·er received by him or his agents during the period shown. The following cerlificatC'. signed hy the ehairman of the Exposition Board 01· a l!C'signntPd examiner. shall al,;o appear on the nbstract: "I certifv that I ha\·e exnmined the books and accounts of this conressiorn;il'r for the pC'riod above shown and find this abstrnc·t to be a true aCl'OUnt of all receipts for said period, us shown by the books in question." In case of.a ><epcration or division of the receipts as provided in srction tlirec of this Act tl1C' abstract sluall be made to show (a) the gross amount collected by the conccssionair<', in the manner hf'l'etofore proYided; ( b) thf' amount withheld by the conces· ,.;ionaire undl·r the terms of his contract; and (c) the amount paid over to the cashier of tl1<' Exposition Board. The cashier of the Exposition Board shall. upon rcreipt of abstracts prepared in the manner herein prm·ided, togC'ther with tl1e full nmount thereon sliown, receipt for said amount upon the face of the abstract and return one copy of the sa1be to the MncPssionairl'. One of the remaining two copies shall be retained by the eashier nnd the other copy shall be used as a \'OU('her to his l'('gulal' account forwarded to the Auditor for the Philippine Islands. Incomplete or improperly prC'pared abstracts shall not be aceeptcd h~, the cashier. and tl1c refusal of any coner><sionaire to account to the cashier in the mnnner herein provided shnll he c·onstrued as a breach of contract. SEC. 5. The cashier of the Exposition Board shall rl'nder to the Auditor for the Philippine Islands monthly aecounts within ten clays after the closc of the month in which th<' funds were received, co\·ering all of his receipts from any source whatsoever, in such manner as may be prescribed h~, the Auditor, said accounts being di\·idcd into receipts (a) from sales of articles fabricated or pmchascd for sale; ( b) from sales of tickets for admission to ground or entertainments; (c) miscellaneous reecipts. The accounts of the cashier shall be kept and rendered so ns to show separately the receipts from e\·ery concession and class of concession. and such accounts shall be supported by the abstracts furnished by the eonccssionaire as pro\·ided in the foregoing section. All questions of difference arising between the cashier and the concessionaire shall be determined by the Exposition Board. SEC. 6. All deposits made by the cashier in a designated depository shall be deposited "to the credit of the Treasurer of the Philippine Islands," and said depository shall issue receipts in duplicate to tl1e cashier for all deposits so received and shall transmit to the Treasurer and Auditor for the Philippine falands at the close of each month complclc nhstrncts of said deposits. showing the name of the depositor, the number of the receipt, and the amount deposited. The cashier shall take credit in his accounts for all deposits so made, supporting the same by the original receipts of the depository issued therefor. Deposits when so made shnll be subject only to the order of the Treasurer of the Philippine Islands. SEC. 7. The Philippine Exposition Board may advance for the benefit of any conC'cssionnire, from the funds npprnpriated to meet the obligations of the Exposition Board, such sums as in its discretion may seem necessary or wise for the purchase of such articles and supplie<> as the conecssionaire is authorized to sell for account of the Government as may be provided in his contract, but in no case shall the propcrty in the hands of a concessionaire exceed the nmount of his bond. All vouchers covering payments in the United States from the funds appropriated for the Philippine Exposition Board for the purchase of articles for sale, the payment of salal'iC\s of concessionaires and their <'mployces, and expenses incurred in hPhalf of any concession or concessionaire under his contract, shall be certified to be correct by the coneessionairC' or his authol'izrd agenl, nm! approvrd by the chairman of the Exposition Board, am! shall be payable by the disbursing offirer appointed undC'r seetion tPn of Act Numbered Five huncir('(l and fourteen, as herein provi(ll'cl in section nine. All unexpended bnlancPs in the hands of otlwr disbursing officers or agC'nb; of the Exposition Board in the UnitC'd States on Mny first, ninPtccn hundred und four, shall be transferred to the disbursing offiecr for the 1~xposition Bonrd in the regular way and be accounted for by him. All payments after May first, nineteen hundred and four, to be made in the Philippine Islands in behalf of the Exposition Board, or of any concessionaire under his conbact, shall be made by a designnted disbursing officer in Manila, and nil other agents in the Philippine Islands heretofore disbursing funds of the Exposition Board shall close thcif accounts and deposit their unexpended balanecs to the credit of the Exposition Bonrd appropriations, on or before May first, nineteen hundred and four. SEC. 8. All disbursements by or on behalf of any concessionaire shall be shown separately on the books and aceounts of the disbursing offiC'er or agent making the payments. S•:c. !). The Philippine Exposition Board is authorized to make finnl settlement with eaeh conc<'ssionaire at the close of the exposition in accordance with the terms of his contract, and pay, through its regular disbursing officer, all balances found to be due the concessionaire thereunder, on proper vouchers, from its rl'gular appropriations. The Board shall submit to the Auditor for the Philippine Islands a full and complete statement of the final scttlem<'nts so made, the correctness of which shall be certified by the chairman of the Exposition Board and by the concessionaire. Differences arising between the Exposition Board and a concessionaire in such final settlements shall be determined by the Secretary of War. SEC. 10. In the absence from the Philippine Islands of a majority or quorum of the members of the Philippine Exposition Board all vouchers covel'ing payments in the Philippine Islands from appropriations of the Exposition Board shall be approved by the Secretary of the Interior of the Philippine Islands, and all executive acts pertaining to the Exposition Board in the Philip· pine Islands shall be dirl'cted by the said Secretary of the Interior, and this section shall be retroactive from January first, nineteen hundred and four. SEC. 11. All just and lawful claims and demands against the Philippine Exposition Bon.rd shall be settled as soon after the close of the exposition as practicnble, and all balances to the credit of the appropriation for the maintenance of the Philippine Exposition Board shall immediately thereafter revert to the general funds of the Insular Government. SEC. 12. All existing laws, or parts thereof inconsistent with the provisions of this Act arc hereby repealed. OFFICIAL GAZETTE 195 St~c. 13. The public good requiring the speedy enactment of this bill. the pnssngc of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Conuni,;sion in the enactment. of l11ws," passed Sc>pt.embe1· lweuty-sixlh, nineteen hundred. SEC·. J.l. This Act shall tnkc effect on its pnssage. Enacted. Febrnnry 20, 1904. [No. 1056.] AX ACT PROVIDIXG FOR A COURT VACATION AND LEAVE OF ABSENCE OF THE JCDGES OF THE COURTS OF LAND REGISTHATIO!\ A~D OF CUSTOMS APPEALS. By authority of the C11itcd States, be ii c1wcted by the Philippine Commission, that: SECTIOX l. The regular s('ssions of the Courts of Lancl Registration and of Customs Appeals may be suspended for the period beginning with the fil"st da:y of 1\lay, nnd closing with the first day of July of each year, which shnll be known as the court vacation after the analogy of the court vacation provided by law for the Supreme Court and Courts of First Instance. During the court vacation one judge of the Court of Land Registrution and one judge of the Court of Customs Appeals shall remain in the Islands subject to the call of the Civil Governor for the performance of duties appertaining by law to his ollice. On on before the first day of January of each year the Civil Governor shall issue an executive order naming the judge of the Court of Lnnd Registration and the judge of the Court of Customs Appeals who shall remain on tlu.ty. The assignment of judges for vacation shall be so arranged that no judge shall be assigned for vacation duty more ·than once in two years. The executive order herein pro· vided may be modified from time to time according to ernergencico> and newly arising contlitions. The judges of each of said court.; assigned for vacation dut:: shall have the same power in nil respects during the vacation period as during the periods of regular sessions of said courts, including the making of any necessary orders and of final tlecisions upon pending cases upon their merit,,;, and final sentences of conviction or judgment of acquittal in criminal causes in the Court of Customs Appeals. Any judge of the Court of Customs Appeals who is assigned to vacation duty may be directed b~· the Civil Governor, when in his judgment the emcrgeuc~· shall require, to hold during the vitcation period a special term of a Court of First Instance in any district, either to hear civil or criminal cases, and enter final judgment therein. The judges of the Court of Land Registration and Court of Customs Appeals not assigned to vacation duty may spend their vacation either in the Islands or abroad. E\·ery third year after his appointment as judge, in adtlition to his vacation, each judge of the Court of Land R<'gistration and of the Court of Customs Appeals shall be entitled to an additional vacation of three months. This five months' vacation shall be assigned to him by the Civil Governor, but shall always be fixed within a period to include the regular court vacation. No leave shall accumulate from year to year to the judges under this Act, but the Go\·cmor may in his discretion postpone the extra three months' vacation from one year to the next if this is required by public business, provided the judge shall have at least two such vacations in six years: Provided, Jiou;;ci;cr, That for the period prior to the going into effect of this Act any judge may have the benefit of the leave that would then have accrued to him under the provisions of Act :-;umbered Eighty and its amendmenl<>, had those provisions been applicable to him by express terms, should he so elect, after the passage of this Act; but he shall not be entitled to the benefits of the provisions accruing under Act Numbered Eighty and its amendments and likewise to those accruing under the provisions of this Act. During the court vacations and during the leave of absence for five months granted every third year, the judges affected thereby and enjoying the same shall draw full pay. The l'ight to a leave of absence for five months shall accrue to all judges who have served as judges three years in the Islands and who have not during the time visited the United States. This provision shall be retroactive. The service of a judge of the Court of Land Registration or of the Court of Customs Appeals appointed from the United States shnll be deemed to have begun for the purposes of this Act thhty days before he landed in the Islands ready for duty. SEC. 2. A person residing in the United States who is appointed judge of the Court of Land Registration or of the Court of Customs Appeals shall be paid the traveling expenses of himself and fnmily frOJ.ll his place of residence to 1\Ianila, if he shall come by the route directed by the Chief Executive of the Islands. He shall be allowed one-half salary from the date of leaving home to come to Manila, and full salary from the date of his arrival in the Islands: /'rovi4ed, That he proceeds directly to the Islands; otherwise, he shall be allowed half salary for such time only as is ordina.rily required to perform the journey from his plaee of residence to Manila. If one has been employed as judge of the Court of Land Registration or Court of Customs Appeals for three years, he shall, if he so requests, upon retirement from the service, be furnished with transportation for himself and family from .Manila to his place of residence. • SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the ordn of procedure by the Commission in the enactment of laws," passed September twcnty·sixth, nineteen hundred. 8Ec. 4. This Act shall take effect on its passage. Enacted, February 20, l!J04. [No. 1057.) AS ACT AMENDING AC'r NUMBERED NINE HUNDRED A~D :N'IKETEE:N", E~TITLED "AN ACT PROVIDING FOR A LO • .\K OF SEVEN THOUSAND FIVE HUNDRED DOLLARS, U};I'fED STATES CGH.RENCY, TO THE PROVIKCE OF NUEVA ECIJA FOR THE CONSTRUCTION OF BUILDINGS FOR A SCHOOL 01~ SECONDARY INSTRUCTION AKD DORMITORIES AT SAN ISIDRO." By cwtltorily of the United States, be it enacted by tlte Philippine Com.mission, that: SECTIOX 1. Act Numbered Nine hundred nnd nineteen, entitled "An Act providing for a loan of seven thousand five hundred do!· Jurs, T:nited 8tatcs currency, to the Province of Nueva Ecija. for lhc constl'Uction of buildings for a school of secondary instl'Uetion 1111tl dormitories at San Isidro,'' is hereby amended as follows: (a) lly striking out of the title the words "at San Isidro" and inserting in lieu thereof the words "in that province," so that the title shall read as follows: "An Act providing for a loan of seven thousand five hundred dollars, United States CUl'l'ency, to the Province of Nucva Ecija for the construction of buildings for a school of secondary instruction and dormitories in that province." ( b) By amending section three of said Act so as to read as follows: ·•S•;c. 3. The money hereby appropriated shnll be used in the constrnetion of buildings for a provincial sehool of secondary instruction and dormitories for the accommodation of the students thereof in the Province of Nueva Ecija, at such place as the Provincial Hoard shall fix, and for no other purpose, and shall be <'Xpended under the direction of the prnvincial board of said province: Prov«led, That the plans and specifications for the construction shall be prepared hy the Chief of the Bureau of Architecture and Construction of Public Buildings, and the build196 OFFICIAL GAZETTE ings when constructed and the school when established shall be under the supervisory control of the Department of Public Instruction." SEC. 2. 111e public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, February 20, 1904. [No. 1058.] AN ACT FOR THE RELIEl? OF GEORGE C. TAG"LBEE, SEC· O~D LIEUTENANT, PHILIPPINES CONSTABULARY. Whereas George C. Taulbee, second lieutenant, Philippineti Con· stabulary, supply officer for the Province of Lepanto·Bontoc, on or about August eighteenth, nineteen hun~red und t.wo, left in the custody of a guard composed of three members of the Philippines Constabulary at San Esteban, I>rovincc of Ilocos Sur, t.he smu of two thousand dollars, local currency; and \\"herea:> the said stun of money was stolen from said guard through no fault of the said Taulbee; and \\"hereas it appearing from the facts uud circumstances connected with the los:,; of said money that said Taulbee exercised due care and diligence int.he preservation of the same: Therefore, By autho1·ity of tlw United Stutes, be it enacted by the Philippine Comm issim~, that: SECTIOX I: Said George C. Taulbee is hereby relieved from accountabilitv for said funds, and the Auditor is hereby authorized to place to. his credit the said sum of two thousand dollars, local cunency, on account of the appropriation for the Bureau of Philippines Constabulary. SEC. 2. The public good requiring the speedy enaC'tment of this bill, the passage of the same is hereby 1•xpedited in accordance with section two of "An Act prescribing t.he order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, February 24, 1904. [No. 1059.) AK ACT APPROPRIAT1:\"G THE St:~l OF TWO HUNDRED THOL"SAKD PE.SOS, PHil~IPPINE Cl1RRENCY, FOR THE PURCHASE OF SUPPLIES FOR THE IXSCLAR PURCHASI:XG AGE~T, AKD FOR OTHER PURPOSES. By authority of the United Slates, be it enacted by me Philippine Commi&sion, that: SECTION I. TI1e sum of two hundred thousand dollars, Philippine currency, or its equi,·alent in United States cmrency, is hereby appropriated, out of any money in the Insulur Treasury not otherwise appropriated, for the purchase of supplies in the United States for the Insular Purchasing Agent, and the sum ap· propriated may be disbursed by the Philippines Disbursing Agent at \Vashington. SEC. 2. Of the proceeds of sales of supplies deposited from time to time by the Insular Purchasing Agent for the credit of his appropriations for the purchase of supplie!:i, the sum of two hundred thousand pesos, to be deposited on or before the thirteenth day of June, nineteen hundred and four, shall rc\·ert to the general funds in the Treasury. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This Act shall take effect on its passage. Enacted, Febrnary 24, 1904. [No. 1060.) AN ACT CONSOLIDATING THE O:Fl?ICES OF PROVINCIAL TREASURER AND PROVINCIAL SUPERVISOR AND AUTHORIZING THE PROVINCIAL GOVERNOR TO PER· Jo'ORM THE DUTIES OF THE PROVINCIAL SECRETARY OF THE PROVINCE OF MASBATE. By authority of the United States, be it enacted by the Philip· pine Co·mmi&sion, that: SECTIO.X I. The offices of provincial treasurer and provincial supervisor provided for in Act Numbered One hundred" and five extending the provisions of the I>rovincial Government Act to the Province of Masbate, are hereby consolidated, and the office thus formed shall be known as the office of provincial supervisortreasurer. SEC. 2. The provincial governoJ", the provincial supervisor· treasurer, and the division supel'intendent of schools shall constitute the provincial board. Si.:c. 3. The bond of the provincial supervisor-treasurer shall be four thousand dollars. He shall receive an annual salary of one thousand two hundred dollars, payable monthly. His qualifications and duties shall be the same as the qualifications and duties of pro\·incial supervisor anti provincial treasurer as outlined in the Pro\·incial Government Act, except that the requirement that the provincial supervisor shall be a competent civil engineer and surveyor ~hall not apply. 'l11e supervisor-treasurer may employ a foreman in charge of the repair an(,! construction of roads, bridges, and buildings at a salary not to exceed sixty dollars a month. S~:c. 4. The provincial governor of the Province of Masbute is hereby authorized to discharge the duties of provincial secretary and all official acts of the provincial governor of the Province of ~Iusbate while acting in the capacity of provincial secretary of said province since September fifth, nineteen hundred and one, are hereby validated. Si::c. 5. So much of Act Numbered One hundred and five and its amendments as may be inconsistent \Vith the provisions of this Act is hereby repealed. SEC. 6. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," pas!:ied September twenty-sixth, nineteen hundred. SEC. 7. This Act shall take effect on its passage. Enacted, February 24, 1904. (No. 1061.] AX ACT POSTPONING THE DATE OF PAYMENT OF THE LOA XS OF TWO THOUSAND Fl VE HUNDRED DOLLARS EACH, MONEY OF THE UNITED STATES, :MADE TO THE PROVJNCES OF ANTIQUE AND CAVITE, UNDER THE PROVJSIONS OF ACT NUMBERED ONE HUNDRED AND THIRTY-FOUR, AS A..'fENDED BY ACT NUMBERED FIVE HUNDRED AND NINETY-FOUR. TO DECE~\i!BER THIRTY-FIRST, NINETEEN HUNDRED A.ND FOUR. By authority of tlte United States, be it enacted by the Philippine Commi&sion, that: SECTION I. The date of payment to the Insular Treasury of the loans of two thousand five hundred dollars each, money of the OFFICIAL GAZETTE 197 Cnitcd Stntes, made to the Provinces of Antique and Cavite, under the provisions of Act :Kumbered One hundred and thirty-four, as amended by .Act Xumbercd l•'ive hundred aml ninety-four, is hereby postponed until December thirty-first, nineteen hundred and four. SEC. 2. The public good requiring the speedy enactment of this bill, the pussugc of the same is hereby expedited in accordance with section two of ".-\.n Act prescribing the order of procedure by the Commission in the cm1ctmcnt of laws,'' passed September twenty-sixth, nineteen hundred. SF.c. 3. This Act shall 1.ake elfoct on its passage. Enacted, February 24, 1904. [No. 106i.] AN ACT AUTHORIZL\'G THE APPOINTMENT OF A JUSTICE OF THE l~EACE AXD AUXILIARY JUSTICE OF THE PEACE .FOR THE rnLA~D OF BASILA~, NOT\YITHSTAKDING SAID ISLAXD HAS DEEN ANNEXED TO THE ).lLNICIPALITY OF Z.UIBOANGA, IN THE :MORO PRO\TKCE. By authority of the l.iniff'd Bia/cs, be it enacted by the Philippi11c Commission, that: SECTIOX l. The Civil Governor is hereby authorized, with the advice and apprnnal of the Philippine Commission, to appoint a justice of the peace and auxiliary justice of the peace, from time to time, for the Island of llasilnn, notwithstanding said Island has been included within the municipality of Zamboanga by Act .Numbered Twenty-one of the legislative council of the Moro Prov· ince. The justice of the peace and lllLXiliary justice of the peace appointed b31 virtue of this Act shall haxc jurisdiction throughout the hland of llnsilan to the same l'Xtent and with the same effect as though the Island of llusilan constituted a regular municipality. 'l11e justice of the peace nm.I atLxiliary justice of the peace for the municipality of Zamboanga shall not have jurisdiction within the Island of Basilan. SEC. Z. The public good requiring the speedy rnactment of this bill, the passage of the sanH• i,; hereby expedited in 11ccordance with section two of "An Act presC'ribing the ordC'r of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enac•ted, February 24, 1904. [No. 10ti3.J AN ACT FIXING THE TERRITORY OVER WHICH THE JUSTICE OF THE PEACE FOR THE MUNICIPALITY OF JOLO SHALL HAVE JCRISDICTION. By authority of the United States, be it enacted by the Philippine Commission, that: SEcno::; 1. The justice of the peace appointed in and for the municipality of ,Jolo shall hn\•e jurisdiction over all cases, both ciYil and criminal, which under the provisions of existing l11w arc properly cognizable by courts of justices of the peace, arising within the entire Sulu district of the Moro Province, as defined by section two (a) of Act ~umbered Srven hundred and eightyseven. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of '°An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3, This Act shall take effect on its passage. Enacted, February 24, 1904. [No. 1064.) AN ACT AMENDING ACT NUMBERED NINETY, BY PROVIDING FOR AN ACTING DEPUTY AUDITOR IN THE ABSENCE OF THE DEPUTY AUDITOR FOR THE PHILIPPINE ISLANDS. By autho1·ity of the United States, be it enacted by the Philippine Commission, that: SECTION l. With the 11pproval of the Secretary of War first had, Act Numbered Ninety is hereby amended by adding to rule four of section one the following: "The chief clerk shall be Acting Deputy Auditor during the nbsenee of the Deputy Auditor and when the Deputy Auditor by virtue of bis office is performing the duties of the Acting Auditor. In the 11bsence of both Auditor and Deputy Auditor he shall take charge of the Bure11u llS Acting Auditor." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act sh11ll take effect on its pass11ge. En11eted, February 24, 1904. [No. 1005.] AN ACT SO AMENDING ACT NUMBERED EIGHT HUNDRED AND NINETY·EIGHT AS TO CLOSE CAPE :MELVILLE, BALABAC ISLAND, AS A PORT OF ENTRY AND CREATING BALABAC, ISLAND OF llALAllAU, AS A PORT OF ENTRY, AND PROVIDING FOR THE NECESSARY OFFICE FORCE AT THE PORT OF BALABAC. By authority of the United States, be 1t enacted by the Philippine Coinmission, that: SECTION l. Section two of Act Numbered Eight hundred and ninety-eight, entitled "An Act providing for the closing of the port of Aparri llS a port of entry, creating the ports of Bongao, Cape Melville, Balabac Island, 11nd Puerto Prineesa ports of entry, and amending section three hundred and one of Act Numbered Three hundred 11nd fifty-five,'' is hereby so amended as to read as follows: "SEC. 2. The port of Dongao, in the Jolo collection district, and the ports of B11labae, Bal11bac Isl11nd, and Puerto Princesa, in the )fanil11 collection district, are hereby created ports of entry." SEC. 2. The collector of customs and employees authorized by section three of s11id Act Numbered Eight hundred and ninetyeight for the port of Cape :Melville are hereby authorized for the port of B11labac, inste11d of for the port of Cape Melville. SEC. 3. Section six of said Act Numbered Eight hundred and ninety-eight is hereby amended by striking out the words "Cape ).fehille, Balabac Island,'' and inserting in lieu thereof the words "Balabac, on B11labac Isl11nd." SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 5. This Act shall take effect on its pass11ge. Enacted, February 25, 1004. 198 OFFICIAL GAZETTE [No. 1066.] [No. 1068.] AN ACT EXEMPTIKG SMALL VESSELS FROi\1 THE REQUIREMENTS OF ACT NUMBBRED SEVEN HUNDRED AND EIGHTY, ENTITLED "AN ACT PROVIDING FOR THE EXAMINATION AND LICENSING OF Al'PLICANTS FOR THE POSITIONS OF MASTER, MATE, PATRON, AND ENGINEER 01<' SEAGOING VESSELS IN THE PHILIPPINE COASTWISE TRADE, AND PRESCRIBING THE NUMBER OF ENGINEERS TO BE EMPLOYED BY SUCH VESSELS." By authority of the United States, be it enacted by the Philippine Co11unission, that: SECTION 1. So much of Act Numbered Seven hundred and eighty, entitled "An Act providing for the examination and licensing of applicants for the positions of master, mate, patron, and engineer of seagoing vessels in the Philippine cou.stwise trade, and prescribing the number of engineers to be employed by such vessels," as provides that steam ,·essels of less than one hundred tons burden, or sailing vessels of less than one hw1dred and fifty tons burden, shall carry licensed ollicers, is hereby repenled: Provided, hou:ever, That all vessels propelled wholly or in part by steam shall carry and employ a licensed engineer or engineers, as provided in said Act Numbered Seven hundred and eighty. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth,., nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, February 26, 1904. [No. 1067.} AN ACT A.'IENDING ACT NUMBERED NINE HUNDRED A:XD SIXTEEK, ENTITLED "AN ACT IlEORGANIZING THE l\U:XI:XG BUH.EAU A~D PilESCRilll~G THE FUNCTIO~S THEREOF." By aut1writy of the L:nitcd States, be it enacted by the Philippine Com·mi.ssi-On, that: Si::C'fJO;>; I. Section one of Ac:t Numbered :Xinc hundred and sixteen, entitled "An Act reorganizing the Mining Bureau and prescribing the functions thereof," is hereby amended by adding at the end thereof the following words, "or shall have successfully completed work in sud1 schools of mines or uninrsities equh·alent in kind and amount to that for which such degrees are gi\·en," so that said section shall read: "St:t:'flO;>; l. The personnel of the :Mining Bureau shall consist of a Chief of the :Bureau, class one, who shall be appointed by the Civil Governor, by and with the consent of the Philippine Commission; and of two geologists, class three: Provided, That the Chief of the Bureau and the geologists shall be graduates of recognized schools of mines or shall have recei\'C•d degrees in mining, metallurgy, or geology from reputable universities, or shall han! su('cessfully eompleted work in r;uch schools of mines or uni\·crsities equivalent in kind and amount to that for which such degrees are given." SEc. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordancc with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect as of January fifteenth, nineteen hundred and four. Enacted, February 26, 1904. AN ACT AMENDING ACT NUMBERED NIXE HU:XDRED AND SIXTY, ENTITLED "AN ACT REDUCI:KG THE FORTYTHREE MUNlCIPALITlES OF TI-rn PHOVINCE OF SAMAR TO TWENTY-FIVE," BY CORRECTING AN ERROR IN P ARAGRAPI-1 FOUR OF 8ECTION ONE THEREOF. By a11tlwrity of the United States, be it e11acted by the Philippine Commission, that: S~;cTION L Paragraph four of section one of Act Numbered Nine hundred and sixty, entitled "An Act reducing the fortythree municipalities of the Province of Samar to twenty-lh•e," is hereby amended by striking out the words ''.Santa Rita" in the second line and inserting in lieu thereof the words "Santa )forgarita." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall be retroactive and take effect from October twenty.third, nineteen hundred and three. Enacted, Febrnary 26, l!l04. [N'o. l06!J.] AX ACT ACTHOHIZING THE PHOVINCIAL BOARD OF THE PHOVIKCE OF BUL.AUAN TO DIVERT FROl\l THE PROYIXCIAL IWAD AND lHUDGE FUND TO THE GENERAL PRU\' lNCJAL :FUND, FOR CSE IN HIE CONSTRUCTION OF A PH.OVJNCIAL BlJJLDING, THE SCl\I OF TEN THOCS.AKD PHILIPPJ!\E PESOS. Hy authority uf tlte United States, be it enacted by the Philippine Commission, that: St:cl'ION l. The provincial board of the Pro\·ince of Bulacan is hereby authorized to divert from the road and bridge fund of snid province to the general provincial fund, for use in the construction of a prO\incial building, the sum of ten thousand Philippine pesos, the provisions of section thirteen ( i) of the Pro\'incial GO\·ernmcnt Act notwithstanding. St:c. 2. The public good requiring the speedy enactment of this bill, the pussngc of the snme is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," Jlll8Sed September tw('nty-8ixth, nineteen hundred. SEC. 3. This Act 8hall take effect on its passage. Enacted, February 26, 1904. [No. 1070.} .AK ACT EXTENDIKG THE TIME FOR THE PAYMENT OI~ THE LAKD TAX IN THE filOVINCE OF .MINDORO FOR THE YEAH NINETEEN HUNDRED AND THREE UNTIL JC:XE THIRTIETH, NINETEEX HUNDRED AND FOUR, AND PROVIDING FOR THE HEFUND 01•' PENALTIES ALREADY PAID. /Jy authority of the United States, be it enacted by tltc Philippine Commission, tliat: Si::CTlO:'i' l. The period for the payment, without penalty, of the land tax for the year ninf'tef'n hundred and three in the Province of Mindoro is hereby extended to June thirtieth, nineteen hundred and four, anything in previous acts to the contrary notwithstanding. All penalties heretofore collected for the nonOFFICIAL GAZETTE 199 payment of the land tax in such pro\'incc for the year nineteen hundred and three arc hereby remitted, and the provnicial super· visor-trrasmer of the provinrc mentioned above is authorized a.nd directed to allow a rebate of the nmount of such penalty to the taxpayer upon whom the penalty wns assessed upon payment of his land tax for the year next ensuing. SEC. 2. The public good requiring the speedy enactment of this bill. the pnssngc of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by thr Commission in the enactment of laws," passed September twPnty-sixth, nineteen hundred. ' SEC. 3. This Act shall take effect on its passage. Enacted, February 26, 1904. [No. 1071.J AN ACT EXTENDING THE TIME FOR THE PAYMENT OF THE LAND TAX IN THE :MUNICIPALITIES OF TABACO, TIVI, AND MALINAO, OF THE PROVINCE OF ALDAY, FOR THE YEAR XIXETEEN HUNDRED AND THREE UNTIL APRIL FIRST, NINETEEN HUNDRED AND FOUR, AND PROVIDING FOR THE REFUND OF PENAI.r TIES ALREADY PAID. By authoi-ity of the United States, be it enacted by tlie Philip· pine Commissio1i, that: SEcTIOX l. The period for the payment, without penalty, of the land tax for the year nineteen hundred and thl'ec in the munici· palities of T1tbaeo, Tivi, and Mnlinao, of the Pl'o\·incc of Albay, is hereby extended to April first, nineteen hundred and four, any· thing in previous acts to the contrary notwithstanding. All penalties heretofore collected for the nonpayment of the land tax in the said municipalities for the year nineteen hundred and three are hereby remitted, and the provincial treasurer of the province mentioned above is authorized and directed to allow a rebate of the amount of such pC'nalty to the taxpayer upon whom the penalty was assessed upon payment of his land tax for the year next ensuing. SEc. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the Ol'der of procedure by the Commission in the enactment of laws," passed September twenty·sixth, nineteen hundred. SEC. :1. This Act shall take effl'ct on its passage. Enacted, February 26, 1904, DECISIO:S-S OF THE SUPREME COUUT. [No. 935. December 5, 1903.] THB UNITED STATES, complainant and appcllcc, vs. JIARCELO ALVAREZ, defendant and appellant. 1. CRIMl!'\AL LAW; MURll£R; QUALIFICATIVE CIRCUMSTANCES; ALt:VO· slA.-The accused kllled the deceased by shooting him with a rifle, discharged point blank. The deceased was at the time completely unarmed and so weak on account ot Illness that be could hardly walk when he came out of hill house In response to the defendant's call. There was nothing In the attitude of the latter to give the deceased warning of the Intended attack. He/4, that the circumstances of the killing constitute aievosia, and that the crime le therefore to be classified as murder. 2. ID.; In.; ID.; EVIDENT PRE:-.tEDlTATION.-To authorize a llndlng of the presence of the circumstance of evident premeditation It must appear not only that the accueed bad formed a determination to commit the crime at a time prior to the moment of Its e:xecutloll but that thla determination was the result or meditation, calculatloll or reflection, and peralstent attempt. 3. ID.; AGGRAVATING CIRCUXBTANCEB; EVIDENCE.-Aggravatlng clrcumstanc115 can only be applied when they are as fully and completely proven as the crime Itself. 4. JD.; ID.; EVIDENCE: BENEFIT OF DOUBT.-Whenever the evidence as to the e:itlstence of an aggravating clrcumatance ls not sulftclent to exclude all doubt upon the eubject the0 dl'fendant must be given the beneftt of such doubt. 5. CRIMINAL PROCEDURE; NEW TRIAL; NEWLY DISCOVERED EVIDENCE.To authorize the allowance or a new trial Oil the grouud of newly discovered evidence the proof offered should be material to the defense, and therefore when the new evidence Is of such a character that even U admitted It would not affect the result the motion wlll be denied. JUDG11'1ENT sent from the Court of First Instance of 1'.Iindoro en consulta. The fucts appear in the decision of the court, EvsEBIO 01tENSE, for appellant. Solicitor·General ARANETA, for appellee. MAPA,J.: In the year 1901, Frnnk Clark, a sergeant of volunteers in the United States Army in these Islands, was taken prisoner by the insurgents in the town of San .Jose, Province of Bo.tangas, and subsequently sent to Calapun, the capital of the Province of Min· doro, Later, about the month of June of that year, he was taken to the town of Abra de Ilog, in the same Province of Mindoro, in charge of the defendant, Marcelo Alvarez, who was at that time a commissary captain of the insurgent forces under :Maj. Deogracias Leyco, commander of the military zone of Abra de Ilog. The prisoner remained in Alvarez's house some three weeks. During this period several pen;ons heard him complain of the illtreatment which he received. The witness Jose Ramos testified that Cla.rk told him once that the defendant treated him like a. servant and ma<le him work as such. Clark also sta.tcd to a.nother witness, Rosalia )1Iiciano, at that time municipal pl'esident of Abra de Ilog, that the defendant made him hull rice and cut wood for the kitchen. This circumstance, which, by the way, shows the ungenerous sentiment entertained by the defendant for the prisoner, Clark, nppenrs wholly probable in view of the testimony of Deogracias Lc~·co to the effect that the accused, Alvarez, was a. man of a somewhat inhuman and brutal character. After Marcelo Alvarez a number of other pel'sons successively had charge of Clark. The lust one who had the custody of him wus Saturnina Gnndula, a resident of a place called Songson, within the township of Abra de Ilog. This was between October and November, 1901. Gandula testified that Clark was delivered to him by two insm·gent soldiers whom he did not know, and who were acting under orders, according to their statement, of the defendant, Alvarez. It appears to be a. fact, however, for Deo· gracias Leyco so testified, that it was the latter who gave the order and not Alvarez. Re this as it may, howe\•cr, it is of no importance with respect to the decision of this case. It is a fact that after that time the prisoner, Clark, was very ill. One Enrique Ricter testified that he saw him in October, 1901, and that he was then very sick. Dcograeias Leyco also testified that Clark's illness was one of the reasons which induced him to send the prisonn to Songson in charge of Sa.turnino Ganduln. The latter and his wife, Norberta de la. Col'csta, testified that during the thirteen days they had Clark in their house not a dny passed in which he was not attacked with fever and ague. Such was Clark's condition of health at the time he was killed. Saturnina Gnndula related the circumstance of his killing. He stated that at about 4 o'clock on the afternoon of the thirteenth day of Clark's stay in the house-he can not remember the date, but asserts that it was the day following that on which a fight had occurred between the Government forces and the insurgents at the town of Abra de Ilog, which, according to the evidence in the record, occurred on November 7, 1901-the defendant, Alvarez, carnC' to his house, armed with a gun nnd accompanied by a servant of his, a Visayan named Eusebio. Without entering the house, the defendant called to Clark, saying, "Come here, Frank,'' When 200 OFFICIAL GAZETTE Clark heard this, he left thc house without saying nnything and start<'d to walk nwav with Alvarez. Clark walked along ahead Jenning on Eusebio, ~n account of his weakness, as he had just suffered nn attack of fever. Alvarez walked behind. They had con~rcd scarcrly 20 yards when the witness henrd a shot, and a few monwnts aftnwnrcl AIYnrcz called him by name three tim<>S. The witness tlwrcupon went to the pince where Alvarez was and thrrc found Clark's dead body stretched out fa.cc upward on the ground. The witness state's that he had a bullet wound in the left sidl' just below the stomach and that Alvarez was stnnding a \"Cl'V short distance from the body with his gun in his hand, as if h<' .lmd just db~clmrged it. The man Eusebio nlso stood near, llt. the right of Ah·nrez. The latter ordered the witness to dig n grave and bury Clark's body, which he did. After this they nil went awa~·, leaving the witness there alone. The latter states that he then put a wooden cross over the grave and fenced it in with bamboo pickets to protect it from animals. Girndula's wifr, Norberta de la Coresta, corroborates the testimon;o.' of her husband in every particular. She saw the defendant arrh-r, iHm('(I with a gun und accompanied by Eusebio, nnd saw him stop in front of the house. She heard Alvarez call to Clurk to come out und saw the latter lea\·e the house and go with the defendant. A few minutes Inter she heard the discharge of a firearm and then the voice of the accused cnlling to her husband, and finallv she saw the lnttcr leave the house and go to 1uH1wer Alvarez's .summons. This witness adds that very shortly after her husband returned to the house to get a mat, saying that they had killed Clark and that Alvarez had told him to bury the body. On having returned to the house again some two hours aftrrwurds, hrr husband told her that he had buried Clark, and on the following <la;-.·, she saw the grnve, her husband pointing it out to her. The defrnsc drnws attention to the fact that while Saturnino Gandula testified thnt when Clnrk left his house he went along ahead, leaning on Eusebio, and that Alvarez walked behind, this witness' wife, Xorberta de la Coresta, testified that Eusebio followed Almrez and that Clark walked along in front of both of them; und furthermore that, according to the latter, her husband returned to the house to get a mat before burying Clark, while Ganduln testified that he returned to the house after having buried the deceased. Tlwse divergences in the opinion of the attornev for the dt>ftonse constitute such serious contradictions as to m~ke the witnesses mentioned unworthy of credence. As a matter of fact, no isuch contradictions exist; but if there were such contradictions tlwy are matters of mere detail and do not affect the essential facts testified to by these witnesses. Neither Gandula nor his wife testified that ns they walked along the accused and his companions constantly maintained the >iame relative ordrr as that expressed in their respective statrments. Korberta de la Corcsta refers to the time that they left her house. It is probable that, since Clark could not walk alone on account of his weakness, it became necessary for Eusebio to assist him. Thl'y doubtless subsequently continued to walk along in this way and it was probably then that Gandula saw them, At all events it does not appear that both witnesses refer to the same moment. \Vith respect to the other objection, it is true that Gandula testified that after burying Clark he returned to his housr. but he does not state that he did not return to the house before bury· ing the body, as his wife testified he did. Far from this, he gins us to understand, on the contrary, that his wife's statement is trur, because he says he wrapped Clark's body up in a mat b('forc burying it. Of m•<•es.~ity he must have returned to the house to get this mat, as he did not take it with him wheri he went the first time. The testimony of this witnf'SS with respect to the violent killing of Clark is corroborated by tl1e evidence of Capt. J. B. Slmw und Lieut. W. Weeks, of the Thirtieth United States Infantrv. These testified that they witnessed the exhumation of the body 'of Frank Clark in March, 1902, and saw that the shirt which he wore had a hole in it on the left side toward the lower part of the abdomen, some 5 or Ci inches from the navel. They stated that the edges of the hole were black, as though they had been burned, and that the hole was of such 11 character that it appeared to ha,·e bct>n caused by the discharge of a gun at 11 very short distanee from the deceased. Cnptain Sha.w further stated that the clothing on the body was stained with blood. The defense states that the testimony of these witnesses is im· probable, because when stating that the shirt was punctured they said nothing about the trousers and undershirt, which, according to their testimony, were still on the body, as well as the shirt. "It is impossible to believe," the counsel for the defense sa.ys, "owing to the situation of the wound, that the trousers and the undershirt couhl have failed to be in the same condition as the shirt." This remark has more subtlety than solidity in it. The witnesses said notliing about the trousers and the undershirt, because it wus sufficient for the purpose of the investigation, so far ns tht>y were concerned, for them to testify as to the condition of the shirt. The interrogation addressed to Captain Shaw wns us follows; "Did you observe whether or not the clothing showed any indi<'ntion of having been pierced by a bullet?" The witness then testified to the rircumstancc which, in his judgment, constituted an indication of this fact-that is, that there was a hole in the shht, with the· edges burned. This latter detail, and not the hole in itself, which could as well have hcC'n caused by a stabbing weapon or by any other cylindrical instrument capable of mnking a punctuTC like the hole observed, as by a bullet, was what indicated in the judgment of the witness that Clark had been shot and that the shot had been fired at short range. Othcl'wise there would not ha\•e been upon the clothing or body of the victim such marks as those left by shots fired point blank. It is possible and even probable that Clark's undershirt and trnusers, although similarly punctured, did not show, at least in a manner so clear and noticeable to the witness, the indication of a powder burn. This would of cottr!le more directly affect the exterior than the under clothing. If this be so we have an explanation of the reason why neither this witness nor Lieutenant Weeks made any mention of thrse garments in answering the questions addressed to thC'm. Furthermore, it may be that the witnesses thought that the mark found upon the shirt was sufficient proof of the matter concerning which the court was making inquiry, without referring to the other garments upon the body at the time it was exhumed. But however that may be, the reply given fully aiiswercd the quC'stion and is in our judgment entirely satisfactory. The defendant attempted to refute all this when testifying as a witness in the case. He denied that he had a gun on or about the date in question. He also denied that he had attached to him at that time any servant, and finally denied that he had been in Sonwion on the date mentioned. He allrged that he was sick with fever and ague and unable to leave his housr, not only on the day on which Clark was supposed to have been killed but also for several days subsequent to and before that event. However, the witnesses mentioned by him in his testimony have flatly contradicted him on every point. Pilar Jow, his stepdaughter, one of these witnesses, testified that the accused did have a gun at that time and also two servants, one of whom was called Eusebio. This corroborates the testimony of Snturnino Gandula and his wife upon these matters. The witness Doiia Jove also testified that the defendant wns at that time in good health, and the same statement was made by the witness Deogracias Leyco, who was also referred to by the defendant in his testimony. .Only two days after the engagement at Abrn de llog, whieh would of course be the day following that on whirh Clark was killed, I.eyeo found the defendnnt somewhat unwell in consequence, he was informed by the latter's family. of having fallen off his horse. This, however, did not prevent the defendant from going with OFl<'ICIAL GAZETTE 201 L1')'l'O 011 tlw following: da,\· to a place' (•allcd Cnlubiu. scn•rnl hours' journr~· from Balontoy, wlll'rt', according lo the defendant's own l1•stimo11y, he lived. The farts n•lafrd fully pron~ tin· guilt, of the defC'mlnnt.. In thl•ir tr,;timony ~alurnino Gamlula aml XorbPrta de Iii Corcsta, who \H'l'C' l';"C'll"iln1•sse:< to the l'Olllmissiou of the nimc, gan~ pl"('l·isl' :rnd 1ldai11•1l infornrntion as to it:; cxt'l·11tion nnd dcsignat1· thl' ddcndant as Chirk's ,;\ay('r. The marks found upon Clark's bO{k In· O!lic·l'l">< Shaw and \\"t•t•ks eonlirm the statC'mcnts of the twC: wii:nrssC's ahon• refcrrl'cl to as to the nnture of the attaek antl the.wound \\·hieh can,.;rd tlw dPnlh of thC' 1lcc1•ns<>d. The tesiimouy of Pilar Jon" tlw stc:pclaugh!C'r of the defendant and a witness callrd by him, in 1li:<pro\'ill!! tlu· fabc denials of the defrndant has eorrohornh•<l tlw fael t1•:<tilil'1l to by G:rndnln and la Corestit nnd dPni1•cl by tlw nl'Pll:<<'d. to tlw 1•ff1•et that hr did han• a s1•rvant <'llll<'d E11;;.1•hio \1·ho a<'1·ompani1•(\ him. and a gun whid1 h1~ 11sl'll lo kill Clark. Con:<ith•ring in COllllt'«tion with this the eridt•nl falsity of tlw alibi :<Pt up h~· the defrndaul a,o; his ;;ole lll'fonse. lms1•d upon a ,;upposititions ilhw,;,; tlw 1•xi,;:te111·1• of which the dcfrndnnt not only failPtl to pron• lmt whfrh on the eonlrary appears t.o ha\'C hc<>n fully <\i,;prm·1·11. tht' 11·ho\(' 1•011,..titutPs 1'1·idl'nce of so <'omp!Ptc and <'Olll'lusi\'l' a (·han1d1·1· H>' to Jca1·<' no room for douht that Frnnk Clark was killPd by 1·io\l'111•c and that th(' d('f('ndant. Al\·arez. was his slayer. \Ye mn,.;t. considPr thC' prl'Sl'llC<' of thr circumstance of alcvo.siri in the commission of the criml'. At thf" timC' of the assault which cost him his life., Clark was in a condition of debility and prns· trntion. tlw n•:<ult of a long illnC'ss. His weakness must have hl'l'll ('Xtrenw. as. un:1idNl IH' could not walk ev('n the short distance of 20 yards, and wa" oblij!Nl to Iran upon some other p1·rson for support. Furtlil'rmor1', he was absolutely unarmed and it was then•· fore impossible for him to defend himself against the attack madf> h,\· thl' accnscd. This is cspeciall,\· true in view of thC' fact thnt he had no reason to cxpc<'t or forC'sre such an attaek, in the first pince, brcausc he had had no quarrel with the aecused and no pro,·ocation had been given for such' an attack, and in the second place becau:;;;e of the appar<>ntly friend!,,, manner in which he was im·ited b_.,- the nccused to l('a\'e the house and go with him. Under these circumstances thC' assailant eould and did act with perfect safety to himself, absolutel,\· free from any risk which might arise from .an att<'mpt at self·defense on the part of his victim, and this, in law, constitutes alct·osin. Frank Clark, enfc<'hlcd ns he was by his protracted ill health, wns certainly unalile to make any defense, more r,:.pecially against an assault with a weapon such as that used by the dcfrndant. The circumstance of alcvosia qualifies the criminal act as mmcler under article 403 of the Penal Code, as the court below conC><-tly held in tlH' judgment now bC>fore us for review. Jn addition to the qualifying circumstance of alcrosia, the judgment of the court below also finds prl'sent the generic circumstances of cvid<'nt prenH'ditation, abuse of superiority, and the commission of the crime in an uninhabited place. \Ve can not concur in this view with resprct to the fir;;t of these circumstances. The record contains no ('Vir!C'nce showing that the defcndnnt had, prior to the momf"nt of its C'X<'eution, n·.~olvcd to commit the crime, nor is there proof that this rC>solution was the result of meditation, calculation, reflection, and persistence. Under the Penal Code these clements are necessary to-constitute evident premeditation. With respect to the second generic circumstance, the prcsf>nce of this can not be considered because the abuse of superiority was precisely one of the factors which made alerosia possible in this particular form. This circumstance, thereforC", must be regarded as merged in the other and can not be considered separately. 'Vith the judge's finding as to the presence of the last of the three generic circumstances-that is, the commission of the crime in an uninhabited place-we can not concur bccausf>, although it is true that 15142-2 Saturnino Gandulu apparently gives us to understand that the place where the crime was committed was u solitary and uninhabited spot, the contrury may be inferred from the i(•stimony of Dcogrncias Lcyco. The latter stated that Onofre Callo;;, :\Iuria Callos, and J>rudencin Jlagdumlnn, also residents of Songson, knew about the delivery of Clark to Saturnino Gandulu, whieh took place ut that town, and that tl\C'se people were, accordi1ty to !tis information, neighbors of Gandula. Supposing that these persons were really neighbors of Snturnino Gandula, and the testimony of Lcyco gives ground for ;;uch a belief, the place could not, strictly ;;peaking, be termed uninhabited. We know that at least Gandula's house and those of the other persons above men· tioned were situa'ted there. At all events, the evidence in the record is not so eonclusive as to exclude doubt upon this point, and it is a rnle of law that the defendant is entitled to the benefit of a rc11sonahlc doubt. Aggravating circumstances can be applied only when they nrc as fully prO\'en ns the crime itself. Without clear and evident proof of their presence the penalty fixed by the law for the punishment of the crime can not be increased. As the generic aggravating circumstances found prrs<>nt by the court below do not exist and as thrre arc no other generic aggravating circumstances to apply, and, on the other hand, there being no mitigating circumstancl's to consider in favor of the accused, he, therefore, as author of the crime of murder, must suffer the medium degree of the penalty prescribed for this crime by article 403 of the Penal Code-that is, life imprisonment ( cadcna pcrpctua). The defense has asked for a new trial upon tlrn ground of newly discovered evidence, and has presented affidavits of Norberta de la Coresta, Eusebio Hernandez, and Onofre 1\fagdumlan, in which it is statcd----or such is the tendency and purpose of the new evidencf> offered-that Frank Clark died a natural death as a. result of fever and ague, from which he hnd been suffering for some time. These statements were refuted at the trial. The spots of blood and other indications of violence above mentioned, which were found on Clark's body when it was exhumed and to which credible witnesses have testified, constitute material and incontrovf>rtible evidence that Clark met a violent death, as stated by the eyewitness Saturnino Gandula and as stated at the trial by the witness Norbcrta de la Corcsta, whose testimony the defense now offers as newly discovered evidence. The evidence given at the trial can not he overcome by the affidavits mentioned, more especially when it is remembered that no testimony whatever is offered to show proof of the fact which the woman Coresta asserts to be the reason for her retraction-that is, that one Lucas del Castillo threatened to kill her unless she would falsely testify in the trial against the drfcndant. There is a legal presumption that testimony given before a court is given freely and spontaneously, unless the contrary is proven. A careful study of the case leads us to the conclusion that the testimony of the new witnesses citf>d by the defendant would not affect the result. For these reasons, a new trial is denied, ;;ince article 42 of General Orders, No. 58, provides that in order to authorize a new trial on the ground of newly discovered evidence the evidence offered must be material to the defense. This is not so with respect to th!'! evidence offered in this case. We therefore convict the defendant, nnd condemn him to the penalty of life imprisonment (cadcna perpetua) and its accessories and to the payment of an indemnification of 1,000 insular pesos to the heirs of the deceased, reversing the judgment reviewed in so far as it imposes the death penalty, with the costs of this instance to the defendant. Arellano, C. .J., Torres. CoopC'r, Willard, McDonough, and Johnson, JJ., concur. Jttdgmcnt modified. 202 OFFICIAL GAZETTE [No. 555. January 22, 1904.] 7'HE L""XlTBD S'l'.-11'1..'S, cotnplainant mid nvvctlec, vs. P1LNTAJ,JJU.Y (;/JJE.YO, defendant <rnd appellant. 1. CRJMl:-1AL LAW; Roont:R\"; COMPLAINT on INFOllMATION: FELONIOUSLY.-A complaint which alleges tbat tbe de(endant performed acts constituting the crlu1e of robbery Is not deftclent for falling to allege that the defendant acted fe\onlously. lo.: Jo.; ID.; PERSON INJURED.-A complaint wbkb o\leges that the property described therein was taken by the defendant from the family of tbE' complaining witness, in support of which evidence is Introduced without objections showing to whom each article belonged, will not be set aside on appeal for falllng to allege the ownership of the property with greater particularity. _.\PPEAL from a judgmrnt of t.lu• ('omt of First Instance of Rizal. The fact;:; are ,;t;1h·d in the opinion of the court. A. A. )lo:-;TAGn:, for appellant. Solicitor-GenC'rnl ARA)lETA, for appcllre. WILLARD, J.: ThC' guilt of the dl·frndnnt was (•learl;-.· proved hy the PYidC'nCC'. In thC' court. below no objections were nmde to the :mlficienC'y of th<' complaint. but in this ('ourt it is clnimrd that it is deficit'nt in sevt'ral re:<pl'<'ts. Wlll'n n complaint alkgt's. as this one docs, that the ddt.>ndant, arm('(I with a gun. nt midnight entered the house of thl' complaining witness. and aftN beating him with ti}(' butt of the gun took from his family mont'~' nml otht'l' pr"operty and departNI with it, it is not llC'CC's><al"y to add thNC'tO the state· ment that the defendant acted "feloniously." The complaint alleged that the property descl'ibed thC'rein wus taken by thi"! defendant from the familv of the complaining wit· ness. -~t tl;e trial it was shown witho1;t objection on the part of the defendant to what pal"ticulnr mPmbt'l· of the fumily each of said articles belonged. Xo substantial right of the defendant on the merits was prC'judiced by the foihu·C' to stnte thN>e details in the complaint. Even if the complaint was dcfec-tin in this respect we can not re\·erse the jud:.,'1.nent for that renson. (G. 0., Xo. 28, sec. 10.) The same thing can be said of the cluim that the defendant's lawyer was not prese'nt when the sentC'nce was pronounced, The judgment is affirmed with the cost.s of this instance against the appellant. Arellano, C. J .. Tonc>l. Cooper, :Mapa, ~f<.Donough, and Johnson, JJ .. concur. .f11dymerit affinned. [No. 1275. January 23, 1904.J THE F).'JTED S7'ATES, complainant and appellce, vs. JIELENCIO TUBIG, defendafll aml appellant. 1. .MILITARY LAW; COURTS·MARTlAL; REVll:WING AUTHOll.ITY; 0P!NlON 01'' Jt;DG~:-ADVOCATE-GE!iEilAL.-The opinion ol the judge-advocate as to whether the judgment ol a <'OUrt-martial Is correct or errone. ous Is not binding on the reviewing authority and does not affect the judgment. 2. Jo.; lo.; Io.; NOTIFICATION OF AcTION.-When the action ot the reviewing authority has been officially communicated to the accused the notice Is beyond recall and the action can not be changed. 3. Io. : lo.; PE:>:ALTY FOR Ho)UCIOE.-The judgment ot a court-martial ('01n·ened In the Philippine Islands which finds the derendant guilty of homicide and sentences him to one year's Imprisonment Is not necessarily erroneous, as the crime may have been committed under circumstances warranting even a lower penalty under the provisions of the local law 4. ID.; Io.; JURISDICTro:.:.-ln time or war or Insurrection courts-martial ba,·e jurisdiction to try members or the military establishment or the United States for common crimes committed In the district or territory where the war or Insurrection exists, and this jurisdiction Is not affected by the exl11tence of civil courts created by the milltary authorities at the same time and place. JUDICl.\L NOTICE; EXISTENCE OF lNSURRECTION.-Tbe courts will take judlcial notice of the fact that there was an Insurrection against the authority of the United States iu the Philippines and or the date of its Inception. 6. INSURREC"ClON: DATE OF Tt:n~llNATION.-The insurrection in the Philippine Islands against the authority or the United States did not end officially untll the President proclaimed it at un end 011 July 4, 1902. 7. In.; ID.: LocA1, Ct:!!SATION m' HosTILITH:s.-The fact of the cessation or hostllltles In particular portions o( the affected district does not change the status or the lnsurrectlonary territory, and the character ot hostility remains Impressed upon it as a whole until removed by the President's proclnmatlon. 8. CRBllNAL LAW; JEoJ.>,\RllY.-One who bas been tried and convicted by a court-martini under circumstances giving that tribunal Jurlsdlctlon of defendant and the offense has been once In jeopardy and l"l\n not for the same olTense be again prosecuted In another court or the same soverelgoty. l'er 'fmun:s, J., concul"l'ing: 9. ID.; ID.-Wbere It appears that the defendant has been tried and convicted by a m!lltary court, and the judgment of conviction is final, no further prosecution can be bad ror the same oltense. APPEAL from a judgment of the Comt of First Instance of ~ueva Ecija. Tht' fiu•ts an• sta t<'d in the opinion of Uw <·ourt. \\·,\DE H. K1n:J1E)lS, for app(•llant. Solil'itor-GC'nrn1I AllA)lETA, for uppellt'C'. :'llcDo~ot:G11, J.: Tht' nppt'llant, :\lalt'ncio Tubig. who was a soldier of the Eighth Company of Xuti\·e Rcouts. :'llacubebes, by information filed in the Court of Fir:;t ln.st;lll('(' of San Isidro Febrnary U>. HI02, was l'h:ngl·d with hill'ing on t.he 2:Jd day of XO\·ember, 1901, in the pnehlo of flongubon, Province of XueYa Ecija, assas:<inate<l. one Antonio Alivin. At the opening of the trial on Xo\·<'mber 22, 1902, at San Isidro the l'O\m:;el for the necuscd made a motion that to the plC'u of the defendant of "not guilty" there be attached the further plea t.hat he was once before in jeopardy for the same offen:<C'. because tllC' accused was tried bJ.>fore a court-martial, was ronvictt'd. and sen·ed the sentt'JWC of one year that was imposed on him. and that consequently, ha\·ing been once convicted of the offC'llsC', according to General Orders, Xo. 58, he can not be tried. a second time for the same offense. The accused, thcrefol"e, moved that the case be dismissed. and in support of his motion he read Exhibit ~o. I, showing the facts and circumstances of his former trinl and conviction. The fiscal opposed the motion for a dismis:;al of the case, alleging that, ilt. the time of the fornll'r trial of the aceused, the pl"o\·incc in which the crinll' wns committC'd was under eivil jurisdiction for the purpose of tr~·ing the case; that the eourt-martinl was without jurisdiction in tl1p case; that, therefore, the former trial is not a bar to further Jll"Ocel'<lings, and that the accused had not been in jeopardy. It was in open court agl"eed between the Government and the accused that Exhibit No. 1, being "General Orders, No. 6, headquarters Second Separate Brigade, Department of North Philip· pines," dated l\Iay 8, 1902, is a correct statement of the facts in relation to the former trial. The motion was denied and the prosecution pl"oeeeded with the trial. The testimony of the witnesses for the prosecution tended to show that about 8 o'clock in the evening, ~ovember 2:J. 1901, at a. place called Bongnbon in the Province of Nue\•a Ecija, the accused, while on the street outside the shop of the deceased (Antonio Olivia), called to him, and when he came out of the house and apprnached the accused the deceased recei\·ed a thrust in the abdomen from the accused, administered with a stick which he carried in his hand, having a blunt end, and not being "as thick as the wrist" of the witness, the wife of the deceased, and about a yard in length. After rcceh·ing this thrust Antonio OFFICIAL GAZETTE 203 iumu.•diatf·l.'· Pnkrecl his hous<'. complaitwd thnt he had been intl'rnally injur<'d. nm! diC"d within tl shol't timr--that :-;ame evening. Then· wns no dis<•11.-;sion and no qmuTC'I bt'I ween the uc<'USC'd anti thl' (l<'<'t>as<'d, lH'<·ording to tlw 1.cstimon:r of the wife of the lntfrr. This willwss t1•stiliell lhnt tlw IH'Cl\Sl'd !>C'PUH'd to be angry wlwn hr thrust tht• slit·k nt hi'!' husbnncl and eall1•cl him 11 shameh•ss fellow. Th<' 1!t•1•1•a...;<•d wus not nruw1I nm! did not try to defC'nd hims<'lf. ln his own hrhalf thC' 1l<'frn1lant tt>stitied that lie wns n member of thl' Eighth Company of Xatin· 8couts nm! was formerly )';t11tio1wd nt Bongahon, 1Uhi that ht• did not kno\\" th1• deceas<'d 1111d <lid not 11,;s;111\t or thrust nn~·bocly in that town. He stated thnt on that 0(·1·asio11 nn imlivid1111\ whom h1• tlid not know tried to assault him; thnt it. was dnrk, nbout 8 o·(·lo('k nt night; that lw d('fclnh;d hims('lf: thnt thn•(' att<H'k<'d him in the str<'d; thut lw did not n•nwmbt•l' till' date. hut it wns in O('tobC'l'. l!lOI; and thnt lw d<'fl'lld<'d himst•lf with his foots. but di(! not kill 11n~·o1w. Ht• furllwl' tt•stifil'd that lw had h<'('ll tril'li by (•om·t·nrnrtinl on atTonnt of I his 0t·e111T1'1w1• urn! wns t'OJ\\'i(·tt•d and S('JJt('n(•('(I lo on<' y<'ar·s 1·011linrnwnt in prison. and that nftrr "l'l'\·ing st'\'<'ll nwnt!ts' imprisonment IH' w;\s ,..,,t fr<'<'. lie furth1·1· testifil'd that lw plead not guilt~· in the <'Onrt· n111rtial. l'pon this l'\'illt>nce tlw dl'frndnnt was conYk·tC'd in the Court of Fir;;t l!i,..t:mct' and sl'nfrn1·1•1I to imprisonm<'nt for 11 h•nn of tw1·ln• Yl'ars a11<\ cn1• day. From thi" ><t'nh•rn·p tlH' dc•frndnnt has npp<'nll'd to this conrt. nm! lw now n"k" for u rl'\·c·r .... :11 of that judgment. Thr prim·ipal cpwstion to ()(• d<'lPrminl'd hy thi:s 1•um·t is whrth1•r or iiot tlw drfrndant wns pln<·NI in j('opanly whc·n tri<'d, (•om·idt•(l. nut! "''lll<'lll·(•(\ by th<· eourt-murtinl. In th1• 1·as<> of tlll' l·nitrd 8tat<"s rR. Colle,·. 1lrcidl'd \w this (·ourt Del·t•mbt•r I:!. rnu:I. it was hcltl thut wh~rr a <·otut·n;nrtiul hall juri."<li('tion to tr~· a soldiN for nssas,.inution or munlN umlrr th(• pro,·isions of arti('ll' of wnr. lifty·l'ighth. and did tr;r. (·OJffit-t. und sc•nh·m·(' him. that sn<'h trial ('Onstituted j1•op11nly, anti thi." rourt allirnll'd the jmlg1nC'11t !){'low. disdial"ging thr nr· 1·11><ed fol' the n•ason that ht• 1·011\d not hr twir<' put in jl'opanly fur th1· same olfcnsr. It is sought. hm1·r\·c·1". to clistingui><h this Tubig c·asc from the Colle~· <«hi' for the alh•g('([ rl'uson that ut thr time of the eOJU· mbsion of thi>< off1•us(' the t·i\'il 1•ourts werr open in tlw Pro\'illc<' ::~, ~,~:~:·;1 1~;:~:~;i· ti~TH!r~·IH~~H~h:;:~:.~::::·1 t::; 1:.~:1i1~~~~~·11:.1;;~\1.o\:~r~s tll111:~ th1• 1·om·t whi1·h tri1•cl him was. consrqu1•ntly. wholly without jurisdi(·tion. As a matt(•r of eo11rs1" if tht• 1·011rt·martial had no jurisdiction what<>,·1·r to hear and d1·l<'nnin<> tlu• rasr tlw d1•ftol\!lant was not pla1·e1l in j<'opard~· by till' JH·oc·e('l\ings and drtl•rminntion of the militar~· ('Ourt. It brconH's 1JN·1•ssar~·. tl\('n. to rxami1w this <Jlll'stion of jnrisdil'tion. We Jrn,·<' befon· us Exhibit Xo. I. all the fac·ts mentioned in whi<·h W<'l'l' admitted to hr tnw. This, howt•\'('I'. doc>s not include ti\(' ('OJwlusions of luw of tlw ,Judgt•·A<h·ol'ate·Genrrnl, nl('ntioned in ;;aid exhibit, which is in thr form of n generul OJ'Cl('r. issued bv Bri:.:-adil'l'·G1•neral Bislwr, and Mntai11" not only faC"ls l'<'lating t~ tlw l'H"f' but thP lrg-al vi<'\\'>' of thr .Judg<>-A1ko1·at<>-(;f'ncrnl and c·itations from <lc('i;;ions of otlwr 1·a,.,c•s i11tl'11drd to support the (•ondusion of law r('a('hrcl by tlw .J11dgr-..\1h·oc·ate-Gencral. The ndmittl'd facts stnt1•d in tlw said orilrr and fnirlv df'dm·ible thNefrom are as follows: . First. In DrcembN, l!lOI. Prirntr )fa!C'ncio Tuhig. Eighth Company Xath-1• Scouts. :\laeab('brs. was tril'd by a gc•nrrnl court· martial com·1•nC'fl at San Isidro. XurV<l Eeija, for "murder" in \'iolation of tlw fift~'·eighth artidr of war. SC'l'ond. Hr was found guilty. exc•(•pting tht• word "murder" uncl sub.~tituting tlwrdor the won! "nmnslaughtrr." Third. He "·as sentenced to be dishonornbl~· discharged from tht• S<'l'\'ice of the Cnitrd 8tates, forfeiting all pa~· and nl\owum•1>. and to be confined at hard labor nt such place us thC' 1·rviewing nntlwl'ity nm~· dirt>ct for a period of one ycnr. Fomth. The Hun Isidro, KneYa Ecija, military prison was designat1•d as the JJluce of conlinement, und from this fact it follows that tlw rc\'icwing nuthorit:r approved of the fimling- nnd st•ntl'JWP of the court·nrnrtiul. Fifth. ThC' procl'eding of t]I(' court-martial cnsl'. hin·ing he<'n forward1·d to tlw .Judgc-Ad,·ocate-Gcneral, l·nited 8tnt1•s Army, \Yn:<hington, D. (' .. lw r<'tunwd the sam<' to th<' 1·01111111mding g1•1wrnl 8eeoml Separate Brigade, Dl'purtnwnt of the :~forth Phil· ippinrs. "·ith a "fifth indor:wmC"nt" to the effe<·t that "the pl'ison<'l' wu.-; <•om·ietrd of 1111111slaug-htl'r in ,·iolation of the fift~'-eighth nrlit•\(' of war. which provid1•s that "in time of .* * " insur· l'N·tion • • " 'manslaught('J'' • '" * shall be punished by tlw sC"ntC"nce of a ge1wrnl l'ourt-tnartial, when eommittrd l1y per. ..;on,.; in tht• military :<1•1·,·i<"e of the Cnit('(J States. and the pnnislmwnt in any such 1'as1• shnll not be less than thr punish· mrnt )'l'Oddt•d for the lik1· offrns1• by thl' laws of the State, Terrilor~'. or District in which such oITenses nmy han> been rommitted." Tlw Judge·AdYocnte-Genernl held that, inasmuch as the s<'n· tenrc imposed on the prisoner was only one year's imprisonment. wlH'rras under the prnvision;, of the Penal Codr of the Philippin<' Jslnnds (arts. 25, 28, nnd 404) the minnmum punishment should Jun·., ht'l'll twelve yc11rs und one day, "the court in th<' JU'l'S<'nt mst• has dolated the stntutl' \1·hil'h ga1·e it juristlil'tion onr the offrn><l' of tlw pri:<oner and thr sl'nl<'nce thereforC' is illrgul and inoprrntin•. 'Jt bring impossihl<' to reconvt>ne the eourt on 1\l'· 1·nunt of tlw dt•partm·e of the Twenty·se<"ond Infantry for honw, tlu· prisonN should he srt at li\)('rty.'" i·nder tlw Anny Hegulations (nrt. 73, see. 991) the JudgeA<kocatl'·Genernl'.<1 Drpurtment i.o; the burl'all of justice. and he is tlw ru;.;1.ocliun of the rrcords of all g1•ncrnl courts·martial, etc. The o!lic1•r;.; of this depnrtnwnt render opinions upon legal ques· tions. wlwn called upon by proper authority; but C'\'en though the opinion of tlw dl'partment, us in this case, he eontrary to the \'i1•w of the law taken by the court-martial, the reviewing authorit~· is not bonntl to follow the opinion, l'speciull~· where such authority lrns confinnrd the proceedings und sent('ncc of the court, a>' was done her<'. This opinion does not nullify the judgm<'nt of the c:ourt. In fact, after action taken by a re1·iewing officer and noticr of tlw sume the notice is beyond rl'cull. General Dn\'is, in his cxcelll'nt work on militan' law (second rdition) stntrs, at page 541, that: "When the fin;! nppl'ornl of tlw s(•ntl'ncc (OI' otlwr action taken) lm:s hl'l'll onee oflieially com· municated to the accused. the function and authority of the 1·e· viewing authority as such over and respecting tlw same is ex· hanst1•d and can not be reviewrd. An uppro,·al can not then be substitntl'd for n disapproYal or rice versa nor can an approv('d pnnishment be mitigutl'd or eonmrntecl." Cnd<'r article of war, one hunclrecl and twelfth, the olliccr 1111· thorizcd to order tlw genernl court·martial ma~· mitigate the pnnishmrnt adjudged by the court, except the pnnishment of dl'ath or dismissal of an oflieer, nnd it wns doubtless under this article that the accused was set at lihert~·. The eomplicat('(l and complC'X tahll's and rules of the Penal CodC' of thcsl' lsland.s, for drtennining the terms of imprisonment to he imposed for crim<'s and th<' mitigating nnd nggrnvating cir· cnmstanC<'>' applicabll' to the same, might well mislrnd 11 non· resident judge not familiar with the pmctie(' of the courts under Spanish rnle. The C'vidence given before the military comt is not before this court, but if it \\'l're similar to tlmt in tlj(' civil eourt and the court gave credit to the testimony of thl' drfrndant, as it had a right to do, it would have lawfully imposrd tlj(' sC"ntence of im· prisonment for one ~·ear; in fact, it l'Ouh! have made the penalty less. 204 o~~FICIAL GAZETTE The lcnrned Judge-Advocate-Gc1wral, iu pnssiug on this case, cxp1·1•s!;C'd th<' opinion that the ,,;c>ntcncr of the> court-martini was 1wccssaril~· void and inoperntin>, brcnmw not. in conformitr with Uw local Jaw with 1·cspt•ct t.o Uw p1·nnlir, and stat<'d that in no case could the punishnu•nt for homicide undCI' the Philippine Code be less thnn tw('\n~ year::; and one day. Thal penalty could hnve been imposed but so could a lighter one, depending on the view the comt took of the proven facts. Parngrnph 4 of article 8 of the l)cnul Code of the Philippine lslimds provides for a complete exemption from criminal responsibility for those who net in dc>fcnsc of their persons or their rights, provided thnl the following circumstances arc present: (a.) An unlawful aggn•,;sion; ib) a reasonable necessity for the use of the menus <•mployC'll to impede or rC'pel it; (c) lack of sullicicnt prorncation on the part of the person defending himself. Article 86 provides thnt if nn net is found to be in s011w degree criminal, because of the nbsence of some of the rcquisite>i to a complete exemption, hut a majority of these requisites are present, the courts may then in their discretion imposc a penalty inferior in one or two grades to thnt designated by the lnw for the offense. Article 91 prm·ides that whenever the law prescribes a penalty inferior or superior in 01u• or more grndes to some other deter· minate penalty, the inferior or superior penalty will be taken from the scale in which the det1•rminnte penalty is found. Xow let us apply these mies to the crime of homicide. Th<' court finds, for instance, that the defendant killed the deceased; that the df'eeased was the as~ailant; that the means eniployed in re1Jl'lling the attack were rcasom1bly necessary under the circumstances, hut also finds that tlH· defendant provokcd thc attack. This would· he a case in which article 86 would he applicable hcca1,1se of the concU1Tl'llC1• of two of the three circumstances, which, taken togethN, would entire!~· reliC'n the defendant of criminal responsibility. Article 404 imposes the penalty of rccfosiOn tcmpoml for the crinw of homicid('. To determine the penalty two grades lower we turn to article 91 and find that the penalty of rec:/u.~i011 tc111prirnl i.~ found in scah· Xu. ~. Tlw pcnalt,\· two g-rndes lo\n'r in that ,;<·alt• i,; pri.~i1/n corrc('cirmal. Tlw minimum degree of prisiOn con·ccciu1wl covers a period of from six month.,. and one da\" to two \'cars and four months. If the court fount! in fa\"or of tl;e defeml~nt any one of the mitigating circumstances 1111•ntioned in article !.l, or saw fit lo apply article 11, in the absence of aggravating cirl'umstances the penalty would be inflicted in the medium degr1•c. (Art. 81, par. 2.) It follows, therefore, that the evidence adduced at the trial before the court-rnnrtial nm\· have disclosC'd the commission of the homicide under such cir~umstances as lo have justifi<·d the court in imposing upon the defendant the penalty of one )'l'ar of prisiUn cor:ccciottal in stl'ict conformity with the statutP. The question raised by the fiscal in the Court of First Instance, that tlw court·martial had no jurisdiction to try, convict, and st>ntence the accused, because civil courts had b1•en establishC'd and wn1· open in the Province of Nueva Eciju at the time of the commission of the offense, is nC'xt to be considered. It is true that such courts did exist in that provinc1., estah· lis]w,J hy the military arm of the Gon•rnnwnt am! hy acts of the Ci,·il Commi%ion, appointed by the President as Commandcr-iuChief. By his direction, as far back as ::\lay, 1898, the Sccrctary of War, through Genna! 11nritt, announced the occupation of the "enemies' territory" and, among other things, stated: "Though the powers of tlw militaQ• occupittion arc ah:;olute and supn•mC' and immetliat1•l,v operate' upon the political condition of the inhabitants, the municipal laws of the coillJUC'red territory such us effect private rights of pcrsons and propert~· and punishm1•nt of crime are considl'rl'd as continuing in forcl', so far as tlwy an• compatible with the new ordN of things, until ther are sns1wnded 01· suprr,,;C'd('(l hy the occup~·ing hclligercnt. • • • ''ThC' judges nnd tlw otlwr oflicials conm•etrd with the adminis· t.rntion of justice may, if llwy accept thl' authorit~· of the Cnited 8tiltcs, continue to administer the odinary law of the land, as bCtwccn man and man, under the supervision of the Americnn Commnndcr-in-Chief." ( 1 Oflieial Gazette, ,fan. I, 1903, p. l.) To the like effect was General Orders, Ko. 92, issued by Genernl MncArthur, in August, 1900, which recited: "Dul'ing the existence of the Military Government in these Islands the duty devolves upou the military authorities to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence und to punish or cause to be punished all disturbers of the public peace and criminals. "To this end local civil tribunals, where the same hnve been reconstituted, mny take cognizance of and try offenses within their jurisdiction, or when in their judgment it may b~ expedient the department commanders may cause such offenses to be brought to trial before duly constituted military commissions or prornst courts." (8ce Ollicial Gazette, January 1, 1903, pp. 23, 24.) Subsequently the Civil Commission passed acts relating to these civil courts and made provision for carrying them on, appointing judges, etc. But, in establishing and mnintnining these courts, the Cnited States Go\"emment did not give up its authority and jurisdiction to try and punish its own soldiers, during the existence of nn in· sm-rcction in these Islands. Such_ authority was confl'l'rl'd by act of Congress through article of war, fifty-eighth, and it was under that article that the accused wns tried, ln the case of Colman ·i.:s. Tennessee ( 97 U. H., 50!)) it was said that: "The right to gowrn the territory of an enemy, during its military occupation, is one of the incidents of war, bring a conse11ue11CI' of its acquisition, and the character nnd form of the government to he established depend entirely upon the laws of the conquering state, or the orders of its military comnmndcr. By such occupation, the political relations between the people of the hostile country and their foruwr government or so\·ereign, nre for lhe time iwverC'd; but the municipal laws, that is, the laws which regulate private rights, enforce contracts, punish crime, and regulate th<' trnnsfcr of property, rcmuin in full force, so far as they alfC'ct the inhabitants of tltc country among tlicmsclws, unlN>S suspended or superseded by the conqueror. "And the tribunals by which the laws are 1•11forccd continue <lS hcfore, unless thus changed. In other words, the municipal laws of the 8tate and their administration remain in full force so far us the inhabitants of the country arc concPrned, unless changed by the occupying belligerent. "This doctrine does not affect in any way the cxclusii.:c character of the jurisdiction of military tribunals over the 011icr1·s and soldiers of the Army of the 'Cnited States during the war; for they are not subject to the laws nor amenable to the tribunals of the hostile country." The answer, therefore, to the argument of the prosecution in this cuse, that the court-martial was without jurisdiction, because of the cxistl;ncc of civil courts, is that an insmrection existed in these Islands when the crime was committc·d, in November, 1901, and when the defendant was tried b\" conrt-martinl in December, 1901. . \Ye need no proof touching the date of the bC'ginning of this insurrection against the Government of the Cnited States. Its t•xistencc is a fact in our domestic history which the court is bound to notice and to know. "When the party in rebellion occupy and hold in a hostile manner a certain portion of territory; have d1•clared their independence; have cast off their nllC'giancc; haYe org;mized armies; have commenced hostilities against the sovereign .. • * the contest i" war." (Prize cases, 2 BlaC'k, U:l;l.) This condition of affairs existed in and ahout Manila early in 1899. Grn. George W. Davis statcs in an offici.1! re1iort that: "During the winter of 1898-!19. tlw cit~· of ::.\lanila was practically in a. state of siege, us far a<; communicating with the inOF~~ICIAL GAZETTE 205 -------- -~- - - - - - - - - - terior was concerned; the Amea·ican troops and the imnug<'nls holding li1ws rC'spcC'liv<'ly lhat had bc<'n arrnngcd and dl'lilwd by the commurnling gC'nernl of liH' n•specliYe forcl's. ··The insurrectionists preYrntl'd communication by water with tlw interior, and no pc>rson coultl cntc>r 01· h·in·c the city save hy prrmission of tlw Filipinos. 11 " * ··On thr. night of Frhruary 4, 18!}9, an insurgent passed quite l;')O \·1uds within the AmNfr:m lint', and refusC'd to hnlt when clmll~ngcd by thl.' pickrt; was !ired upon, whereupon th<> uali\'C troops fJpencd fin• g<'ncrnll~·, which was replied to by the Cnitrd Stutes forces nnd the frucc \\"llS broken." (Officinl Gazette>, ,Jan· nary I, 1903, p. 10.) From that da~· the fighting continued, 11nd the insurrection did not end ofllcinll.'· until the Presid"nt proclaimed it at an end, July 4, 1902, It is nccl'SS!ll). to rl'fer to u public act of the Executive Department to fix thl' dnte of the closing of the war. (Freeborn vs. The Proctor, 79 C. S., 700.) If it be alleg('d that, notwithstanding the insurrection, there were no actual hostilities in Kuern Eeijn at the times nbo\·e uwntioned, the answer is that the condition of hostility remainrd impressed on the whole island until it was removed by the proclanmtion of the President. ()lcCIC'lland's case, IO Ct. Cls., 68; Philipps I'S. lfotrh, l Dill. 571.) '"\Ye must bl.' govcrncd by the principle of public hlw, upplicublc alike to civil and international wars, that all the people of each state or district in insurrection against the United Stutes must be regarded ns enemies, until hy the action of the legislaturf' and the cxecutiYe or otherwise, that rclution is thoroughly and pl'rma· nl'ntiy ch1111g1•d." (U. K i·s. Alexamll'I", 2 Wallace, 40-1.) The concil,ision follows then thnt the court-martini hnd jurisdiction of the prrson of the drfemlnnt and of the charg<' of murder that was made against him; that his trial took place before the court upon such chal'ge; that hr plead ''not guilty"; and that upon the eYidencc hl· was found guilty of manslaughh•r; was sentenced to imprisonment; that the finding and scntl'nce of the court was du!;.· nppro,·cd_. and that he was imprisoned nnd rcm;iined in prison until tlw sl'ntencc wns remitt1•d h;.· military authority. Such a judgnwnt r('sts on tile' i-mme basis and is surrounded by the same consi<h·rntions which give conclusin·ness to the jmlguwnts of other i<'gal tribunals, including as \\'('I\ tlw lowl'.~t as the higlwst under like circumstances. {Ex part<' llcl'll. 100 C. S., 13.) The dcfcndnnt, therefore, was put in jeopardy by his military trial and was punishrd. Ile was ugain put in jeopurdy by his second trinl for the same offcns<' and was s<'nfrnced to a term of imprisonment, tlrn . ..; subjPciiug him to a second penalty. This is contrnr;.· to law. The judgm1•nt of eom·iction is therefore rp\·nsed and the defendant is acquitted. Coop<'r, Willard. anti ,John;;on .. J,J.. Toa1u:s, .}., 1·011curring: In this nt,;('. whi1·h 1·onw..; from the (·otnt of Xt1('\"H Ecija. tlw prosecution is for tlw (•riuw of homiridl' ('Ommittrcl by a soldier on an inhabitant of tlw town of Bongabo111!. Prm·i1H"e of :\'U('\'H Ecija. Jn XO\·ember, 1901. a c.-riminal case was l'Olllme1wc(l for tlll' im·cstigation of the l'l"ime hy a eourt-martinl. whieh (·om·i('tcd tludefrndant. ).lelencio 'fnbig, of the offrnsl' and senten('NI him to one year of imprisonment at bani labor and to di><honornhlt• dis· missal from the Army. Thi,; jmlgmrnt appears to hn\"c bl'l'll allirmrd by the sup1•rior in1thoriti1•,;, for tlw dcfondant. aftC'r t'Oll\"il·tion. c•onmw1w1•1I to sc·n·e his time in tlw prison of Ran Isidro. th(• c•apital of the pro\·ilwc•. The rccul"ri having been sent to tile' Atlorney-G1•1J('ntl of thr Cnitc>d States at Washington, this oflit•r1· refcrrl'tl it to the l'Olll· mnm1ing genernl of the Second Brigade, with 1\11 opinion in which he stated that the court-martial whidt tried the case had violated the law from whil"h it clerived jurisdiction, and that its judgment was illegal and unenfol"ccable bl'causc it was not in accord with the Penni Code in force, nnd as it was impossible to recon\"Cn<' the court-martial, hl'cnuse the Twenty-second United States Infantry hnd returned to the Cnit<'d Stutes, that the defendant should be release1l, whic)1 was accordingly done. Notwithstunding this, in l<'ebruary. l!J02, an information was likd by the proYincial fiscal charging :Melcmcio Tubig with the crime of murder. On this charge he was tried, notwithstanding the fact that the counsel for the defcnse set up a plea of jeopardy, und judgment was rendered on November 24 of the same year by whid1 the a<"cuscd was convicted of the crime of h~micide and sentenced lo t\\·eh-e years and one day imprisonment at hard labor in Bilibid Prison. If the decision rendered by the court-martini imposing upon the accused, Tuhig, the penalty of one year's imprisonment for the cl'imc of homicide became final and continued to be final notwithstanding the opinion of the Attorney-Gcnernl of the United States, thru a prosecution for the same offense could not be legally insti· luted in the court of 1\uevu Eciju. This is especially hue because in Murch of that yeur n question of jurisdiction was rniscd by a military oflieer, as appears from an onicial letter of the provincial fiscal addressed to the Attorn<'y·Gcneral. If the judgment was l"e\'el'Sl'ti 01· annulled for the reason staled by the Attorncy-Gcnernl of the Cnitcd 8tutes at \\"ashington, that did not authorize the judge of First lnstanC"e of Nucrn Ecija to try tlw defrndant for the (·rime of homicide upon which he had already bccn tried by a court-martial. That the defendant was di,;chargcd, because after the annulment of the judgment by which he was scnt<'nc1•d to a ycur\; imprison· mcnt it was found impossible to rl'eom·cnc the court-mal"tial by reason of the nbscnce of the ollicers who had constituted it, or because it wus found proper to libcrn~e him by reason of his having been purdoned, is 11 fact which could by no means justify the pro,;ccutiou of this case in the said eourt fol' the same erime which had already been a sul1jeet of prn.-;ccution by the military authorities. It is not nc("cssary to discuss at the present tim(' whl'thrr the 1·ourt-martinl had jmisdiction 01· not to try lllelcneio Tubig. because the military prosecution has bcen terminated by the final judgmrnt, and the Attorney-General ut Washington did not hold that the trial was illegal, but only that the judgment was. lwn111sc not in conformity with the Penal Code in force in this territory. Furthermore, it is 11 g<'ncrnl rule of rriminal procedure that when a court ll'ying a case is without jul'isdietion such eotut shoulll be re1111ested to inhibit itself, and a plea to the jurisdil'lion should be presented, thus raising the issue. But it is improper to ("Ornmence another prosecution for the snmc offense upon whieh the accused is being tried by the court without jurisclietion, bl'l'UUse nobody may be tried twice or upon the same criminal act. Finally it is to be obscned thnt questions as to jmisdiction ean only be raised with respect to pending cases and not with respect to crimes upon which a trial has already been had. For the reasons stated l um of the opinion thnt the procPeding,; below in this ease should be srt aside with the costs d1~ o/icio, and tlmt the defcn1lunt should be immediately disdmrgcd. Arellano, C. J., dissents. Mapa, J., did not vote. Defendant acq11ittcd. [No. 1431. January 27, 1904.) TllE l.iX/TFJIJ STA'l'L'S, compluimmt and appcllcc, -c.~. SIMON PUXSAJ.,AY.-, defcndun.I mid av1u:lla11t. CRIMISAL LAW; Mt.'RDF.R; ALEVOS!A; EVJDf:NT PREMEDlTATION.-The accused and tbe deceased were respectively plaintiff and defendant 206 OFFICIAL GAZETTE 111 a dvil case In the court of a justice of the peace. After the teetlwony was taken the justice Invited the deceased Into an adjoining room. As be arose to accept the Invitation the accused, without warning, made an attack upou him with a knife and kllled him on tile spot. The deceased was unarmed. Held, that the facts constitute murder with the quallfylng circumstance of alevosia., but do not disclose the circumstan<.Ce of evident premeditation or the commission of the ofTense In a place where the public authorities were exercising their functions. Al'PE-.\L from i\ judgment of th" Court of First Instance of l'nmpnngn. Tht• foeb un· ,;tated in tlw opinion of thr c·mnt. ('AHi.OS Ll:mES).IA, for appC'llnnt. 8olil'itor·Ut>n<'l"nl ARA:-<ET.\, for uppell<'<'. PAUIA, Gt:noxA & ).h:UCADO, fo1· prirnte prose<"ulor. Jonxsox, J.: The <lefendant in this eaU»l' wns dmrg<>cl with the erime of murder. The proof >:howed that on or about the 9th dny of ::\fay, l!JO:l. a civil cnus<' wns tric>(l. in whieh the accused wns plaintiff and Don Frnndsco P. Tizon was dt>fellllant. bt>fore a justice of the peace of the purblo of Cnndaba. in the ProYince of Pampunga, P. I. After the testimony in said cause hnd bl'<>n taken the wit1wssl's w<•n• recall('(! in thl' .olllce of the justice of the peace for tlw purpose of signing llwir n•sp<'ctive stalenwnts. 'l11c plaintiff a111I the dPft•nclant in tlw snicl cause wNe then and lhnc pre;;ent. While one of the witnesst•s \His in th<> ilt't of signing the statl'nwnt whit•h lit' had miuh· in tlw trial Don Fra1wisco P. Tizon was invitPd hy the justiel• of the p<>at·e to iH·t·omJmnr him into an atljoinini: room. At this instant, and immedintelr nfter Don Frnnl'iseo l'. Tizon hail urisen from his s1•nt lo aet·ompan.v the "aid jn,.;tit·l' of the 1wael· into the adjoining room, the said defrndant aros<• and with a knif<' in his hand followed )fr. Tizon and at onet> ill'gun to stub him in tlw baek 1rnd 1•lsewhere in his bo<lY. Some lifteen wounds. more or h•ss serious. were found upon the.body of ).Ir. Tizon after his d1•11th, all of which Wl'r<' then and tlwre inflictNI by the said aecust>d. The said )oh. Tizon died in the aet. It is ;10l disputed thut h1' dil'd from the efTl'ct of tlw wounds inflieted Ly the acl'U>ied. This proof or the proof of the for<'going staknwnts of fat°t was supported by Yariomi witness1•s. Tlwr<' is no proof trrnling lo show what t°aUsed the ll<"<'llSNI lo attaek the deeeased in Uu• ma111wr <l<'s1·rihPd. The evidence showed that the dl'eeased was not arnwd in un~· wa~·. thut the iwcused was anm·il with a penknifr. and that tlw wounds wen• inflit'ted by the penknife. · The defrndant was lric>d in tlw Court of l•'irst Instance of the Province of Pnmpangn and was fmm~l guilty of till' crimp of munler and s<•ntenel'd with the ]>enalty ~>f n1<l1·1w 1wrp<'/1w, with the aecc,.;soril•s prm·id1·d for in arti(·\e fi4 of the sa1ilC Code. and to indemnify the heir.~ of the d1•et>U>il'd in the amount of 2.000 pesos. in ease of insoh·l'nc·y to suffl'r suhsidiar~· imprisonnwnt. and to pa;r the cost>; of the said suit. Tiu- court below found as a qualifieation of the t~rime alcvosla. 'I11is finding i,.; dearly suhstantiatrd hr tlw proof g-iwn in said eaus<'. The court also found us aggravating dn·mustance!; premeclitation ancl the fact that tlw (•rime was eomrnittrd in the plae1• where thl' public authorities were found l'Xercising their functions. Therr is no proof that the party acted with premedilntion. This court has found that tlw crinw wm; not committed in the place whne tlw pnblie authorities Wl're found exercising their functions. Tlwn•fore this l'ourt finds that neitlwr of the two said agµ.TH\'ating eireumstanl'es exist. The proof dol's not show an~· nttenuating circumstancrs. Therefore we haYe the crime of murd<•r with its qualifying eireumstance of afovosla, without 1•ilhf'1' agl!nl\·ating or attenuating eirl'tmistanccs, and by virtue of the proYisions of artiel1• 81 of tlw Spanish Penal Code thl' medium degn'<' must be imposed. '!'he sentence of the lower eourt is hereby modified and the said accused, Simon Punsalan, is hrreby sentrnc<>d to th<' pt-1111lt;r of cadmia. pcrpet11a, with thos<• a(•<•es!;ori<'!; nwntionrd in sub!;t•ctions 2 and ;1 of 11rticle 54 of the l'e1rnl Code. and to irnll'mnify thl' heirs of tlw deceased in the ,.;um of 2.000 pesos. and in cnse of insoh'l'll(\' to suffer subsidiary impri,.;onment, and to pny the 1·osts of both instances. Arl'lluno, C. J., Tonl's, Coo1wr. \\'illnrd .. Mupn. and McDon· ough, t'OllCUL ./111f.<rmc11t modified. [No. 1391. January 30, 1904.] 'J'J/R UXJ'J'R/J S'l'A7'ES, complrti11(111t (/JUd apvcllanl, ri;i. I~ROS· 010 PAPA, defendant mul apvcllcr. C111MrnA1. LAW; BRIGANDAGE.-Proot that the defendant was a member of an armed band which made attacks on a town In order to rob the Constabulary of their arms and supplies and to rob the treasury Is sumclent to justl!y a conviction of the crime of brigandage. APPEAL from 1111 order of the Court of First Instance of Rizal. Thi' facts nrc stnted in the opinion of the court. 8olicitor-Genernl AKANETA, for nppcllant. Lt:CAS Go:>zA1.1::z, for appPllee. ,JOJINSOX, J.: The dcf<'ndant was clmrged with thr crime of baiidolcrismo and \l'I\!; lri<'d in the Court of Fir,.;t Instance of tlw Provil\C(' of Rizal on the Hith of June, l!l03. That court <lismissed the said defendant under llw elmrges of /m11dolcrismo and dil'ectl'd tlw fiscal to JWl'Sc>nt a complaint aguinst him for the crime of insmTl'ction. From this senl<'nce the fiscal of thr Province> of lli;ml appenled to this court. The evidence showed that the town of Pasig, the capital of the Prm·inc<' of Hiznl, wa!; atlack1•d on the night of the 24th of lh>cember, l!l02, ut about midnight b~· 11 band of 11rm1'd men con,.;jsting of from JOO to 400 rn<'n. At tlw time of the attack a great 11umht•r of shob wt>re fired hy till' attacking band. Th<' atta~k was repulS<·d by thl' mrmbns of thr Con!;tabuhny tlwn in tlw town of J'a!;ig. During the attack two or more of the Constabulnr:i· wen• killed and one wound1•d; nlso some of thl' uttncking part~· were killed. The evidl'nce shows that the defendant with fin· otlwr .... sl'c111<>>:tered Juan Domingu<'z, Gern1sio Luna. and Victorino Ang1•h•s on the night of tlw attack, and that the dl'· fl'ndunt, as well ns the other fin:•, were> armed at the time they st•quest(•n•d the said persons. Th(• evidence shows that the band wus nuder the command of Faustino Guillermo; it further shows that thl' objc>et of the band was to rob personal property and that tlu• particular purpose or object of nttacking thr pu<'blo of Pasig at that time was to rob the Constabulary of their arms ancl supplif'!; as well us to rob the provincial tn•asury. The attack was repulsl'd before the said band was nblr to reach the qmirtP!'s of the Constnbulary or the office of the provincial treasmy. :!\Iem· hers of thr snid band did enter the house of one Paterno in the barrio of Hosndo on the night of the attack and carried awa;r !;Onie mon<'r. Victoriuno Angell's testified that he was capturrd on th<' night of the said attack b:o• a member of the band, one of whom being the accused. That hr snw Faustino GuilJCl'mo on thllt night and that he was the lcadf'r of the band and in command of thr same at that timr. That th1• band killed .Maximo Coln;ro, a policeman, an<l after killing him took his gun. That Maximo Colayo wns a policenmn 011 watch in the banio of Rosado, pueblo of Pnsig, on that night. The tcstimon}· of Gervasio Luna showed that he was a member of the Constabulary; that he wns prest-nt in the town of Pasig on thr night of the said attack nml that on the snme night hr saw the defendant and recognized him, and thnt the dl'ft>ndant was then and there nrmecl. That he knew Faustino Guillermo and saw him OFFICIAL GAZETTE 207 on the said night in one of the barrios of Pnsig. He further stated that in his judgment thf're were 400 nrmed men in the hand 1rnd th1\t the object of the band was to rob, nnd that on the night of th(' snid attack members of the said band did enter the hons<> of one Paterno and did then and thl're take and carry nwny mom•y from imid house, and that the said accused was one of tilt' pnrtic.,; who entcrC'd the hons<' of Paterno. That he was also scqll<'stered on this night and was taken with the band. HNhl•rt B. Harpold tc>stified that he was a member of the Constnlmlar~·; th1\t he knew the accu;;rd; that the accused ndmittcd to him yo\nntnril,r that he was n first lieutenant under G<'1wrnl 8an )figucl, and that his commission was signed by General San :\liguel. Thf' dC'frndant attempted to prow· an alibi and swore that on tlw night of the attack he wns in the house of one Pio nil night, Pio was eal\C'd as a witnC';;;; nnd stated that the defondant was at hi;; hou,;e on till' <'Wiling of the night of the attack betwe<>n i nnd 8 o'clock. and thnt his house was about two hours' walk from the town of Pasig. The C\'idcncc showed that till' said attack took placC' at nbout midnight on thC' night of tlw 24th of Dc>cembc1·, 1!)02. The C\'idcnce adduced at the trial justifies the following conclusion: ( l) That an arnwd band composed of from 100 to 400 mc>n f'xistrd in the Provincl' of Rizal on or about the 24.th of Dc>cem· bl'r, l!l02. ( 2) That thf' said band was under the command nnd- leadership of one 1''austino <tuillermo and Genernl San ::l.Iiguel. { 3) That said bnnd was organized for tllC' pnrposc> of the robbery of carahaos and other personal propert:-·. ( 4) That said band did go out upon the highways of the Sllid Jll"m·incc> and did commit robbc>ry of personal propC'rty. ( 5) That t!IC' accused in this en use wns a me>mber of said band and went with it in its raids of robbc>r\'. And thnf'fore the judgmrnt of thP Co~rt of First Instance of the Prol"ince of Rizal in this eausC' dismissing tlw said dcfcndunt is hereby revoked and the said dcft•ndant is hereby sentenced to be imprisonc>d for the term of twenty :years and to pay the costs of this suit. Arellano, C .. J., Torres, Cooper, Willard, ::l.lapn. and ::l.IcDonOllgh, .J,J., concur. Judgment rei:ersed. BCREAU 0}' CUSTOMS ANI> llUlUIGRATION. Xo. :~69.-Hand p11mpx of wrought fron. MANILA, February 3, 1904. To all Collectors of Customs: The following is hereby publil'llwd for the information and guidanc,e of all concerned: "In the matter of Protest Xo. 2135, filed ~lay 15, 1903, by Hilario Snnico y Hcrmanos, against the decision of the Colledor of Customs for the Philippinc> Islands, acting as Collector of Customs for the Port of Manila, as to the rate and amount of duty chargeable on certain mHchandise declared in Entrv ~o. 6205, Voucher Xo. 15480, paid ~lay 9, 1903. • "The claim in this case is against the classification of certain hnnd pumps of wrought iron as 'other machinery,' under paragrnph 257 (b), of the Tariff Revision Law of 1901, at $1pn100 kilos. or 20 per cent ad \"alorem. the latter rate prf'\"ailing, instend of as 'steam pumps,' under parngraph 243. at $L)0 per 100 kilos, as entered. "The pumps in question al'e> not to be operated by steam, but by hand, and hence arc not to be classified under paragraph 243, unless it may he by assimilation, that being the only paragraph of the tariff under which pumps of any kind are enumerated. "According to the wcll·known canon of interpretation all parts of a law are to be read together. Paragraphs 243 and 257 being 1·cad tobFCther, it will be noted that the fil'st enumerntes certain machinery and the second covers 'all other machinery.' In other WOl'ds, machinery not mentioned in paragraph 24;~ (or smne other paragraph) is not the !es;:; expressly provided for in paragraph 257 on aecount of the gl'ncral terms there employed. "In this connection two decisions of the Comt of Customs Ap· peals rrquirc examination. Of these, the first is in re sawmill nrn<"hine>ry nm! was publishc>d in Tnriff Decision Circular No. 187. ln that case the court went to considerable lengtl~ to show the similitmle bl'twr<>n sawmill machinel'y and the other machinery emm1ernted in pnrngraph 245. The actual decision, however, was only that tl\C' ;;uwmill machinery was clutiublc under pnragraph 245. All that wns nc>cc>ssary to ;;uch a decision was to find that such machi!IC'ry WR:'! there em1mcrntC'd and such was the precise finding of the court, bnscd upon lhe proposition that a tree was a n·gct11blc pl'oduct of the Islands and that a snwmill was machinery for the purpose of pn'paring trees for the market. Sawmill machinery being enumerated under paragraph 245, it was not ner<'ssary to t!IC' dPcision to assimilate it into a classifi<>ation which it alrf'ad:o· had; he1we the remarks of the court nlong this line 111·e dictn and advisory only. In fact, the court uses the following significant language: 'Dut these rules of construction and nssimilation should not be rc>sorted to except in cases where it is clear that the article in question has not been definitely )ll"O\·ided fol' in the tnriff. They are to be resorted to in the ah~encc of an enunwrntion, and not for the purpose of setting aside an enumeration; that it would be a safer rnle to hold in the pl'esent case that sawmills, if not included in paragraph 245, are included in para· graph 25i among 'other machinery and detnched parts not otherwise provided for.' This case is therefore not opposed to the rule in the present case. "There yPt remains one decision of the Court of Customs Ap· peals that is really not in harmony with the principles hcl'e laid down. That is the decision published in Tariff Decision Circular Ko. 326, in re stationary steam engines. This case was peculiar in that paragraph 243 is an adoption from the Cuban tariff. Now the clause in the Cuban tariff include>s steam engines by name, but this <>numeration was in some manner omitted from the Philippine tariff when l'nncted; doubtless the result of a mere typographical or cleric-al l'rror. The decision was therefore special and the case should not be extended bPyonrl the actual point then before the court for decision. "It is thel'efore held that the hand pumps can not be assimilated lo steam pumps. "It is also found that this protest was not filed within the time allowed by law, and is therefore void. "Protest numbered 21:15, on the grounds above mentioned, is O\"C'l'l'Uied and denied. (Signed) H. B. l\IeCoy, Acting Collector of Customs for the Philippine Islands." H.B. McCOY, Acting Collector of Cwitoms far the Philippine Islands. CUSTOMS Am.II"'ISTRATlVE CIRCULARS. No. 28i.-Openin,q the part of Baruga, Leytc, ta the coastwisc trade. MANILA, February 24, 1904. By authority of the Civil Governor of the Philippine Islands the port of Barugo, Island of I..eyte, is hereby declared open to the coastwise trnde. H.B. McCOY, Acting Collector of Customs for the Philippine Islands. 208 OFFICIAL GAZETTE Xo. 288.-Closinf/ /ht" por/,<; of A911tuya, Islam! of .t19uta-ya, and 1111/ala.coo. Island of .lli1ulon1, lo IJ11· co<1.<;/1dsc tn1dc. }{ANH.A, l"cb/'/tal"!J 24, l!J04. Bv autlwril\" of tlw ('i,·il Uo\·t•rnoi- of the Philippine Islamls tlw .ports of c\gnln,ni. lslarnl of .·\gut.a:n1, nnd Bnlaliwao, Jslaml of '.\Lindorn. an~ llt'rehy t•los1•1l to llw constwisc trade. H.B. McCoy, .lcti11y Colf<•<"for of ('u.<;/0111.<> for the Phi.li11vi11c lslantls. Contents. Public laws: No. 1054, nmendh1g sertlon 11 of At·t No. 619, entitled "An Act to promotc good order and discipline In the Philippines Constabulary." No. 1055, regulating a1·c·ou11tabllity for all receipts which may be derh·ed from concession granted In con11e1·tlon with the Ph\llpJline exhibit nt the Louisiana Purchase Exposition at St. Louis, l\lo .. and ,·rcating thl' om,•e or 1·nsbler tor the Phlllpplue exhibit, nnd for other purposes. No. 1056. providing tor a rourt \'ncatlon and leave of abscnce of the judges of the Courts of Land Registration and ot Customs Appeals. No. 1057. amending A<"l No. 919. o>ntitlcd "An Art providing for a loan of $7.500. L"nlted States curreucy. to the Province of Nue\'a Erijn for the 1·onstrm·tlon or buildings for a school of secondary lnstrurtlon nnd dorniltories at Snn Isidro." No. 1058, for the relief of George C. Taulbee, second \leuteuant, Phllipph1cs Constabulary. . Xo. 1050, appropriating the sun1 of $200,000, Phlllpplne currency, for the purl'hai;e of supplies fo1· the Insular Purchasing Agent, and for other purposes. ~o. 1060. consolidatlng the offi(·es of provincial treasurer and provincial supen·lsor and authorizing the provlndal go\·ernor to perform the duties of the provlndal secretary of the Province of Masbate. 0 Public laws-Continued. No. 1061, postponlug the date of payment or the loans of $2,500 each, money of the United States, made to the Provinces o! Antique and Cavlte. under tbe provisions of Act No. 134, as amended by Act No. 594, to December 31, 1904. No. 1062, authorizing the appointment of a justice of peace and auxiliary jusUce of peace for the Island of Basl\an. No. 1063, fixing the territory over which tbe justke of peace for municlpalit)' of Jolo sball have jurisdiction. No. 1064, amending Act No. 90, by providing an Acting Deputy Auditor In the absence of the Deputy Auditor for the Philippine Islands. No. 1065. amending Act No. 898 ao as to close Cape Melville, Balabnc Island, as a port of entry and creating Balabac, Island of Balabac, as a port of entry, and providing for the necessary olftce force at the port of Balabac. No. 1066, exempting small vessels from the requirements of Act No. 708. No. 1067, amending Act No. 916, entitled "An Act reorganizing the Mining Bureau and prescribing the (unctions thereof." No. 1068, amending Act No. 960, entitled "An Act reducing the 43 munlcipalltles of the Province of Samar to 25," by correcting au error In paragraph 4 of section 1 thereof. No. 1069. authorizing the provincial.board of the Province of Bulacan to divert from the provincial road and bridge fund to tbe general provincial fund. for use In the construction of a provimial bulldlng, tbe sum of $10,000, Philippine pesos. No. 1070, extendin~ tbe time for the payment of the land tax In the Province of Mindoro for the year 1903 until June 30, 1904, aud providing (Or the refund of penalties already paid. No. 1071. e:ittendlng the time for the payment of the. land tax In the muulclpalltles o( Tabaco, Tlwl, and Mallnao, of tbe Province of Albay, for the year 1903 untll April 1. 1904, and providing for the rnfund of penalties already paid. Deel,,; ions ot the Supreme Court: The United States vs. Marcelo Alvarez. The United States vs. Pantaleon Ghneno. The United States vs. Melecio Tublg. The United States vs. Simeon Punsalan. The United States vs. Leonclo Papa. Bureau of Customs and Immigration: TarlfT Decision Circular-No. 369, hand pumps of wrought Iron. Customs Administrative CircularsNo. 287, opening tbe port of Barugo. Leyte. to constwlse trade. No. 288, dosing the ports of Agutaya, Island of Agutaya, and Bulalaeao, Island of Mindoro, to the coastwlse trade. Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II ~L\Nl LA, P. I., ~l ARCH lli, 1904. No. 11 (.No. IOi2. I .-\:\ .'°l('T .\:\IE:\"J)I.\'{: _\("!' x1::\l1um1m 1'1\"K E:\Tl'l'l.ED "AX AUT FOR THE ESTABLISIL\IEXT A::\ll .\IAIXTE:\AXCE 01<' .\\ EFFIC'IE:\T .\:\)) IIOXEST CIVIL SElfflCE IX THE l'lllLll'l'IXE ISL\:\DS." .\S A.\II•:XJ>ED BY A<TS :\L\IBEBEll FUHTY-SE\"EX. OXE !IC::\· DIU:D .\Sil TWO. OXE lll'::\l>HEI> .\:\D SIXTY-SEY!•::\. TIIHEE lll'XDHED .\'.\D S!X, .\XD l•'\\'E lll'XDHEll AXD EIGJITY-:\TXE. Uy autlwrify o/ tlw t:11iff'd ,\'/11/1.-.,, IH it 1'1"11·frd /1.11 Iii•' l'hili1•f!i1w Uo111111i-'l.~i1m. !1wl: s~:CTIO:'.'i, I. S1•<·tio11 ()I\(• of .\d :\umlJt•\"4'11 Fin• h lu·n·h.v -.tric·kt•Jl out nn1l tlw fol1011inµ- "nh~tit11h-1\ in lit>ll tlH'n•of: ''St:cTJO:"; I. Tlw l'ivil 1:0\·C'l'nor. h,,. arnl ,\\·ith 1lw aei1·i<·l' and <·011,..1·nt of tlw l'liilippinC' ('0111111i..,._io11, ,.;hall ;1ppoint thn•t• )ll'l',..01i-; to Ill' nwlllhl'l'" of'' hm1nl to lw ndl1•el the L'hilippi1w Civil ~n\'i(·e• Board. The Civil Uon•rnor "hall <h•,..ii-rnatc- ont• of tlu•,,(• .1ppoinfrt>-; as C'hairman." ~El' i. R1·c·linn thl'<'P of :\d \'mnh<•n•d Fin•. ;h a1J1t•11tlt•cl hy c\d XnmhC'rc•<l Out• hundn·d allll t1ro. i-. lwn·li.1· -;lric·kc·n ont and tlH' followin!! .-;n\J~titutt•<l iu lit•!\ tlwr1•of: ··~E<'. :1. (n) Tlw Board ,,hall k1•c•p ;in otlidal ro"kr of all oflic·t'I'.., ancl C'mployl'<'" aho\'f' tl1t' g-radt' of 1111 .... killc•e\ lahon•r in tlw l'i\·i] ,.;1•rvit·1• of thf' l'hilippi1w ]-;Jund .... aucl for tl11• Jllll'JlO"P of lhi-, ro-;te•r <'>l('h !IC'acl of a Bun•au or Onie·1• ,,hall furni,..]1 to tlw Board tlw :1<~·1~·;;:~.a r ·~·nii'.'. f ~'.;:~r::'. :. i,~1111;1 i 1 11 lJ:'11~·il111 hfl,;.:;::.1 ;11;11 1 1 1 ::::11~11'.~'.;:; "a~ c 1 i \ K: 111;1~:., t 1;:.~. tlw ('ivil GovNnor. "(/1) :\II llt'ad-; of B1n·1•;11i... or l)!liC"t'>i ,.;hall (';111-;c• to h1· h:t'p1 :111 arcuratf' rf'('Ortl of tlw ntt!'mialltt' of all olli(·t·r~ arnl Pmplo,\'t•P-; mu\e•r thrill who an• rniitlPd to h·:t\'I' of nh,,c•nt·e• prnvidt•d h.\' law. :rncl -.hall rPport to the Board. in tlw fnrm awl 111111111('1' prc•-.c·rihc•d h,\' it. all ah~l'm'('s from duly from an,v 1·aww whal<'\'f'l'. Tlw Boare\ ,..Jiall k1•e•p an arrurate fl'<'ortl of .-.11(·h ah-.t'm'('"·" 8M'. :t 8Pe·tion li\'t' of .\e·t Xmnlwrc•d Fin., a" auwmll'ci by .\C'I-; XumhPr('e! 01w htm<lrl'cl and sixt,\'-sc•\'c•n. Thn't' l1nn1ln•el anel ;.ix, and Fi\'(' hnndrt•cl ane\ cig-h1y-ninr. j-; hf'rt•hy am<·n<lt>d to rc•a!I a" follow": ''SEC. :J. Thi" ,\1·t shall appl,1-. (''\C'(•pl as lwrl'inafh•r l'XJH'P"';ly pro\'irlc•d, to all appointnlt'nb of ('i\'ilian.., in th<' Hurc•au" an<! ()tJi(·e•,.. of tlw Uov1•rJllll('lll of tlw Philippin<' J-;l!IJl(\s. iu.~nlar or 1n·o,·inC"ial, or of thr city of :Manila: J'rol'irfrd. That pt'r,.;ons appointPcl hy t]l(' ('fri! (ionrnor, hy and with 1hr acl\'i('r allCI ('OJhe'nt of tlw Philip pi1w C'ommi",.;ion. shall not ])(' iurludPd in tllf' C"]a,.;sifi('(I "'"n·it·t' nult•ss othrrwi,.;r specifkally pro,·idrd hy law." ~E('. 4. Parng-raph (p) of ,.;e•dion ,..jx of .\d ?\nmlwrrrl Fi\'C' i" liPr<'h,,- anwncl('(I lo rf'nd as foUow,.;: "(p) For t]l(' ('lllploynwnt of <"ink-; and otlwr c•mplo~·p('-. for tf'mpornr~' srn·iC'f' in tlw ah-;f'Jll'(' of availahl(' C'lig-ihlC's or wlwn t11<' work i"' f('mporar,v in l'harnC"tC'r: Prorirfrd. Thal 1111' temporary 1•111p!oy111e•11t of :rn,1· pl'l'>iOll o(•t•upying a p('!'ll\Hl\('lll. po:;ition ,.;hall <'l'H"I' whl'n tlw Boan! sh;1ll c·<•rtify an c•ligihle who aC'cC'pb; ll'm· 1u1r;1ry <IL' ]lrohatie111al appoinlnwnt.'' :->t:{' .• i. i"1•e·tio11 .-;e•n•11 of ..\('t Xuml.1t'r<'cl Five is hcl'l'hy aml'ndetl ::; ;1 )~ :j 1;:,l;,i.10 1 ~l ;;,\' t ": 1];:~l ~1~<:1\' ~ 11~. I :1~:.1:;:~1:~ ;~.:~Jl.~~J i ~1]11; ie::~ l~ ::I:~:!\ i ~::e i ~,-'.::'.;~ ·-.Inly" am! tlU" 11ord,.; "1\·hi(·h han• ht·c•n ('Prtifil•tl h~· tht• Board aml appro\·1·d hy tlw ('h·il Uon•rnor." :->•:c. H. Si•1·tin11 twc·h·1· of .\d ::\umh1•rc•d Fh·e i-; hereby amencl(•d to f(•ad a-; follow .... : ":->EC'. Ii. :'\o 1wr ... 011 ... hall he· appoin\pe\ to or l'mployeel iu the c·Jn ....... ifit•cl <'i\·il >il'l'\'ie•t• of llw l'hilippilll' lo;laneb OJ' in any of lhc u1wla-;-;jlie'<l JJn,,ition,.; rn11uwrale•1I in sPC'tion t\\'f'llt,1·. ('Xe•rpt >l'l pro\'idt"d ]'.\' all :1ppropria!io11 ac·I or a n•-;n]u1ion of tlw Philippim• ( 'ommi-..-;ion plc·d.~ing an appropriation or l1y a l"f'>iOlution of a pro\'irwial hoard apprm·c·d hy tlw Jn,.;ular 'l'r('a-;url'I', JHl.~...i·cl prior to ~1wl1 appoinluwnt or l'lll]lloyuwnt. Any p(•r,..on appoint<-d to or c•mplo.n•d in tlw 1"]a,,-.ifi(•1I ,.;c•rvi<·1• h,1· tlw head or acting head of a B11n•;1t1 or Ol!i1·c• i11 \'iolation of !hr pnn·isions of the Civil 8ervicc .\d or Bul1•-; .~h.ill not h<· t•nlitle•tl lo 1·1•('rh·1• salnr.v or WH;!('-. from tlu· (;,,,·t·n1n1t'n!. l111t tlw lwad or a('ling lu•ad of till' Hnn•au or tlllic·t' wl10 ,.;i;!n-; 1lr iuakc•" -;n('h appointmC'nt or f'mployml'nt ,..]iall lw pt•r,,oJt,dl.\' 1·c• ... 1mn ... ihle• lo hilll for llw ,.;a]ar~· whieh \1011ld ha1·c• a<'<'l'lU'd to liim had tlw appointnwnt or <'lllploymPnt b('('ll nmd(' in ae·<·onlarn·c• with Ill" pro\·i.-;ions nf tlw (:il'il 1-'t•rvi('I' :\C't nnd Hu!1'.-;, :111d pa,nut'nt ... hall I)(' mad<' lo him out of lhe· salar,v of the Jw;ul or .wting- hPncl of till' Bnrl'all or Ollie(' h,\' thl' <lisbur~ing ollic•pr. :'\o di-,h11r.~in;.: ollie·t•r -.]inti pa,\' an,,· ... a]ar.\· or wag1>-; to any 1x·rson appoinlt-d to or t-111plo.n•cl in a C"[as-;i/ic•cl c·ivil·.-.t·n·i<'r po..,ition, 1•X('1•pt from tl1e• -.alary of tlw lwad or al'ling ht'a•I of tlw Bun•au or O/Ike• as l11•rc•i11lwfon· pro,·idl'd, until Jll'OJIN (•\·ich·n<'(' i-; iurnislwcl him h,\' 1111' I wad HI' ad ill;! lll'ad of l hp lhn·pau or Oflil'I' that t hC' pnson ha-; hc•c•ll appoiukd nr e•111plo,1·pcl in a<'<'Orclan<'r \1·ilh lll(' provi,.;ions of llw ('i1·il ~pn·il'f' .Vt and Huie,.;. \\"ht•n the Boanl shall find 1 h;tl :rny p••r-.on j-; ]1oldi11g a po,.;ition in the• ('la,.;sili('cl (•i\'il .-;e•n·il'r i11 \'iolatinn of till' prm·i,.;ion-; of llw Ci\'il St·n·irc .\e1 or Hull',.;, it -.]1;dl t'e•rtify iufnrmalion of tlw fa('l to tlw Auditor :ind to thl' dis liur,,i11g o!li('l'l' throug-h \\·hom tlu• pay11w11t of salary or wag('-; to "l!C'h IH'J·-;on i-. h~· !aw n•r1uirPel to lie 1m11[('. If tlw Amlilor ;.hall find that a cli-.hur,.;ing oflj('N h<Ls p:d(I or 1wr111ittrd to lw paicl salary or 11·agp-; to any pN.«on ill('g-ally hol<ling a <-lassilied position, th1' 11 bol1• :rn1ount pnid shall lw di.-;allowt'cl an,J thr di.~bur-;iu;.: ollit•l'I' -.]1,tll not n•e·Pin• e•n•dit for tl1f' sanw. If tlw Amlitor shall find that the· ]1p;ul or arting hrnd of a Hm·l'au or OtliC"f' j,.; r<',.;ponsiblP. a,.; ahm·1· prm·id1•1I. for Ow paynlf'11t of ;.aJar,\· or wagr,.; to <;ll('h pPr...im aml tl1;1t ,.;1wl1 pa,n1w11t j,. not cine• to tlH' failure of tlw elishnr,,ingotlie·l'r lo obtain prope•r p\'ie!C'!H'f' as lwn•in rf'quirl'd, the• disbttr,.;in)! olli<·C'J' ,.;hall hr• <lirl'dPe\ to withhol<! from l.hf' .<;al.II',\" of >i\l('h IJ('ae\ or at·ling head of till' llurc•an nr Offi1•1• an amount 1•qual to 1lrnt e\j..,. allO\l'l'tl hy tlw Allrlitor. _,\ clish111·,.;ing olli('f'J'. tlw lw.i<l of any D1•partnwnt. Burran. or Offic·r. or ti\(' Auditor may .1pply for an1! tlu· ('i,·il St•n'il't> Board shall n•nch•r n d('('ision upon any q1l('stio11 a,.; lo 11·\wllll'r a po,.;ition is in llw C"!as"ific'll or the \llIC'la!:<sifit•d ri\·il 209 210 OFFICIAL GAZETTE service, or whether the appointment of any person to a classified position has been made in accordance with the Civil Service Act and Rules, which decision, when rendered, shall be sufficient authority for the Auditor in passing upon the account. 8EC. 7. Section thirteen of Act Numbered Five, as amended by Act Numbered Five hundred and eighty-nine, is hereby amended by striking out the words "in the Philippine civil service," and by inserting aftn the word "corruptly" and before the word "furnish" the words "use or," and by striking out the words "of any" after the word "chances" and before tlw won! "person" and substituting in lieu thereof the words "of himsC'lf or any other." SEC. 8. Section twenty of Act Numbered Five, as amended by Acts Numbered One hundl'cd and sixty-seven, Three hundred and six, and Five hundred and eighty-nine, is hereby amended to read as follows: .. SEC. 20. Tlw 1·equircnwnts of this Act for enhance into the efril scrvi<'c>, or for promotion b,y examination, shall not apply to tlw s('h•etion of the following ofliccrs and employecs: "I. One priYatc> srcr('tar~' to c>ach member of the Philippine Commission, including the Ch·il Governor. ··2. Any p<'rson in the military or n;tval SC!rviec of the United Sblh•s who may be detailed for the pc>rformancc of civil duties. '·3. Pl'rsons employed as semiskilled or unskillrd laborers whose rntc of compensation is less than three hundred and sixty. dollars per annum. "4. All employees whose rate of compensation is one hundred and twt•nty dollars or less per annum. ··5_ Postmasters and customs inspedors whosr rates of comJlC'llSation db not exceed thrre hundred and one hundred and eighty dollars ])('I' annum, respectively, who may lawfully perform the dnti<'s of postmaster or customs inspl'ctor in connection with the other official duties with which they arc charged, if they be GovC'rnment employees, or if not Government employers, in connection with their private business, such dulics requiring only a portion of their time. "6. Detcctiv<'s, secret agents, shcrifl's, and deputy sheriffs. "7. Any position in the Department of Commerce and Police the duties of which are of a quasi-military or quasi-naval charnctcr. "8. Chinese and Japanese employees." SEC. 9. Section twenty-one of Act Numbered Five, as amended by Acts Numbered One hundred and sixty-seven, Thrcr hundred and six, and Five hundred and eighty-nine, is hereby amended to read as follows: •'SEC. 21. Vacancies in the position of heads and of assistant heads of Bureaus or Offices and of superintendents shall be filled by promotion, without examination, of persons in the c)as;.;ifi<'d ;.;1•rvicr, if competent persons arc found in the servict> who in the judgment of the appointing power arn available and posse;.;s the qualifications required, the intention of this provision being that the appointing power may, by virtue hereof, select for appointment from the entire classified service the person dec>mcd most competent to fill thl' vacanc\•: Provided, 11owever, That an examination may be given when. requested by the Civil Governor or proi}er head of an Executive Department." SEC. IO. Section twenty-three of Act Numbered Five, as amended by Act Numbered Five hundred and eighty-nine, is hereby amended to read as follows: "SEC. 23. The position of teacher in the insular service and in th<' municipal service of l\Ianila is hereby classified and made subject to all the provisions of the Civil Service Act and Rules, and all teachers now serving under regular appointment in the insular service or in the municipal service of Manila arc hereby declared to he in the classified service." 8Ec. 11. Section thirty of Act Numbered Five, as provided in Act Numhcrcd Forty·Sl'Vcn, and all other Acts or parts of Acts inconsistl'nt with this Act arc hereby repealed. fa:c. 12. The public good requiring the speedy enactment of lhis bill, the pas<>agc of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure h~, the Commission in the enactment of laws," passed September tw<'nty-sixth, ninclccn hundred. S~:u. 13. This Act shall take <'fTcct on its passage. Enacted, )larch 3, 1004. [No. 1073.] A~ ACT .\PPHOPlllATI~G THE SUM OF ONE HL'NDRED ~\~I> T\VEN'l'Y-8IX THOL'SAND EIGHT HUNDRED DOI~· LAH8, IN MOXEY OF THE UNITED STATES, FROl\I THE CO~GRE8SIO~AL RELIEI•' FUND, FOR THE CONSTRUCTIOX A~D RF.PAIR OF ROADS AND BRIDGES IN THE PROVJNCER Oli' LA LAGUNA AND TAYABAS. ll,1; authority of l/w Unil<'<l Silt/cs, be it enacted b!J the Pltitivpinc Commis.~ion, tl1at: 8EcTJON 1. The sum of one hundred and twenty-six thousand t•ight lmnclrl'd dollars, in mo1wy of the United States, or so much lhc>J"('Of as ma,\' he necessary, is lwrcby appropriated, out of any mmwy in thc Insular Trl'asury not otherwise appropriated, the sauw to bl' chal"gl'd to the Congrl'ssional relief fund, for the purpose' of conSlructing and repairing the following rnads and bridges in the ProvincP.'i of La Laguna and Tayabas: (11) For the road from the lake shore near Bay, I~a Laguna, to Tiaoug. Tnynbas, .-;1•vC'nty-two thousand thn•c hundred dollars. ( b) For lhc road joining- ).fagdalemi with the Santa CrnzPngsanjnn road, Lt Laguna, thirty-five thousand dollars. (c) For till' road from Luc<'Jm lo Sariaya, and for the construction of a bridge> al Rariaya and at. Candelaria, Tayabns, nineteen thousand fin hund1wl dollars. 8t:c. 2. The provisions anti ('Onditions provided in sections two to six, inclusfrC', of Act Xumbcrcd Nine hundred and twenty are hcrl'b_r mad1· applicahl<' to the appropriation made in section one of this Act. 8t~c. :I. The public good 1w111iring the speedy rnactment of this !Jill, thl' pa<>~agc of the same is hereby expedited in accordance with s<'clion two of "An Act prescribing the order of prncedurc by the Commission in ti\(' l'nactmcnt of laws," passed September tw<'nty-sixth, nineteen lmndrecl. 8Ec. -1. This Act shall take effect on its passage. Enactc(l, ).larch 3, 1904. [No. 1074.l AK ACT APPIWPHIA'flNG Rl•~VENTEE~ THOUSAND DOL· J,ARS, IN ::\fOXEY OF THE UNITED STATES, OR SO MVCU THEREOF AS 1\IAY BE NECES8ARY, FROM THE COXGRE88IONAL RELIEF FUND, FOR THE CONSTRUCTION AND REPAIR OF A WAGON ROAD FROM CALAMBA TO RAY BYWAY OF LOS BANOS, IN THE PROVINCE OF LA LAGUNA. By authority of the United States, be it enacted by the Philippine Comm1'ssion, that: ' 8t:CTION I. The sum of scwntccn thousand dollars, in money of the Unitc>d States, or so much thereof as may be necessary, is hcr<'h,V appropriated, out of so much of the three-million-dollar CongrC'ssional rclil'f fund as n•mains unappropriated in the Insular Treasury, for the purpose of constructing nnd r('pairing the Calamba-Los Bafios-Bay wagon road, in the Province of La Laguna. SEc. 2. The sum hereby appropriated, or so much thereof as may be nccC'ssary, shall be disbursed by the oflicer of the United States Army hereinafter designated as supcrinb•nd('nt, or by a duly bonded official of the Government, to be designated by the Civil GovC'rnor. The disbursing officer shall pay all bills tor labor and material upon the pr<'scntation of proper vouchers. SEC. 3. Thi' Civil Go\'l'rnor mn,v direct the payment, either in mon<'y or in rice, of such parts of the expenses incurred for labor OFFICIAL GAJ!'.:ETTE 211 and material as in his discretion lw may deem for the best inteJ"ests of the inhabitants. 8Ec, 4. The road herein providC'd for shall be constructed in accordance with the gl'ncrnl instructions issued by the Consulting Enginel'r to the Commission, the Chief Quartermaster, Department of Luzon, to have gcnernl supen·ision of the road construction. An olliccr of lhe United States Army shall be appointed by the mili· tury authorities as supcrinkndl'nL He shall hnve immediate - -·-----~---------hill. t.hl' Jl:l!;sage of the samr is hereby expedited in accordance with s1>ction two of "An Act Jll"('scribing the order of procedure by tlw Commission in the enactnwnt of laws,'' passed September tw(•ntr·sixlh, ninell'<·n hundre1l. 8EC. 4. This Act shall takr elfoct on its passage. l•:mwtl'd, :\larl'h :1. 1!104. charge of the work of construclion; he shall appoint his civilian J :-.l'o. IOiG.J assist.ants and dd('rmilw their posit.ions, subject to the approval of the Chi<'f Quartermaster, Dt•partmcnt of Luzon; he shall make A~ ACT l'llO\'IDJK<J FOR A LOAN 01~ TWENTY THOUSAND in dupli<'atP dt•tailPd monthly reports of tlw progress of the work, l'EHOS, l'lllLll'Pl".\J•; CURRENCY, TO THE PROVINCE including a stat1•11w11t of t•xp<'nditun•s mad<' during the preceding OF ILOCOS SUR, EIGHT THOUSAND PF.SOS TO THE month, aud tht• purposes thcrl'for, to thr Chief Quartermuster, l'H.OVIXCE OF Rll:lfllLON, AND SIX THOUSAND PESOS D1•pa1"t111rnt of Lnzon, "·ho shall forward tlw snnw to the Civil TO 'l'IIE PHOVIXCE OF ABRA, FROM THE CONGRESGovernor. HIO:\AL H.ELIEl•' Ft:XD, FOR USE IN THE CONSTRUCSEc. 5. The <'mplo,n•t•s Jll"o1·idl'll for iu sl'ction four of this Act TJOl\ IX SAID PHOVIXUl<.:S 01" PUBLIC SCHOOLS OF shnll not nl'ct•ssnrily lw subjl'ct to the provisions of the Civil 8rrv- SECO:\DARY JN8THliCTION. ice Act and Acts auH'mlator:y thcrt•of, but 1•111ployet•s !Jl'!onging to tlw classitit·d service ma)' b(• tt•mponuily trnm;fcrred to the work without losing tlwir status in the classified servict•. SEC. ti. The o!Ticcr having imnwdiatr chargt• of the work lwrein provided for shall purchase thr nl'cl'ssarr tools, supplies, and material, with tlw approval of the Chief Quartcnna.slcr, Dcpartnlt'nt of Luzon. lll' shall make purcha:-.l's by contrnct, in the open market, through thP Insular Purcha .... ing Agent, or otherwise when, in his opinion, .~ud1 purchases arc necessary for the economical and speedy prosl'cutiou of the work. Cpon the compll'tion of the road construction lwrcin provided for the tools and supplies remaining on lrnnd, purchased undl'r this Act, :-.hall be t.umcd on•r to the Con,.ulting Engincl'r to llw l'ommissiou. SEC. i. Tlw road con.structl'd undt•r this Aet shall thrrenftcr be kept in rl'pair by the pro\"incial supervisor of the l'rodnct• of La Laguna, under the supNvision and direction of the Consulting Engi1wer to the Commission, aud the cost of such repairs shall he paid out of tlw tn•a-;nry of thC' province. 81-:c. 8. The public good n•(1uiring tlw spct•dy 1•11ach1wnt of this hill, the passage of till' same is lwn·by ex1wditl'd in accordancr with section two of ''An Act prescribing tlw onlN of procedm·l' by the Commission in tlw <'nactrncut of laws," passed 8cptember twenty-sixth, ni1wtc•cn hunclrrd. SEc. 9. This .\ct slrnll take ('ITcet on its passage. Enaetl'd. )larch :l, 1904. LNo. l0i5.J AK ACT PROVIDJXG FOR A LOA~ OF FOliR THOUSAND PF.S08, PHILIPPINE CUHRE~CY, OUT OF THI<.: CO~· GRE8SIOXA1, RELIEF J<'Ul\D; TO THE PROVINCE OF RIZAL. /Jy m1tltorify of the L·niled ,')fates, be it enacted by the /'hilippi11e Commission, that: SECTIO;>; I. Thrrc is h('l'c\Jy appropriated, out of any funds in llw lusuhir Trca,,ury lwlougiug to the Congressional relil'f fund not otl\('rwise appropriatt•cl, tht• !:>Um of four thousand pesos, Phil· ippinc c111T1•11cy, to he loanPd to ti)(' l'ro\·incc of J{izal and to be expended b:o.• the prn\'ill('ial board of that provim•(• for improving the road connecting the municipalilit'S of Taytay and Autipolo in said pro\'incc. s~:c. 2. The ll\OIJ('r hereby appropriated shall be paid to the prorincial treasurer of Rizal upon tlw production by him to the Trl'a,.urrr of the l'hilippitw Islands of a crrtiih•1l copy of a rc<.;o]ution of the provinrial hoard of Hiz;tl accepting such loan am! 11grPt•ing to rl'pay tlw snuw witl1out intt·n·st 011 or hl'fore one y1•ar from the date of ib ~1eet•pta1w(•. t:pon the repayment of said amount tlH' same shall bl' crt>dit('(l to tin' Congrl'ssional rl'lief furn!. SF.c. 3. Tl\(' puhlit• J!Ood n•quiring th1• spct•1ly enaetuwnt of this Uy 1111/Jwrily of llw lh1ifrd S/ulc.\·, be it cnadcd by the Philippine Uommis.~io11, that: S•:p·w:-; I. Tht•n• is lwn~by appropriated, from nny funds of the ( 'on/.\Tt•ssional reli1•f fuml not otherwise appropriated, the follow· iug sums. in Philippine currency, to be loaned to the provinces h1•r1·inaflt•r designated, for ex1wrnliture under the direetion of the n·sp(•eti\'(' pro\'incial hoards, in the construction of the necessary building or buildings for n srmndary school of public instruction in such [o('alit.r in l'ach of tht• said provincl'S as may be selected by tlw ]H"o\·ineial hoard and appro\·(•d by the General Superintendent of Edw·ation, and for no otlwr pnrpose: (a) To tlw l'ro\'im·<' of J]()(·os Sur, twenty thousand pesos, to b1• n•1mitl to the lusnlar Trt•a,,ury as follows: Five thousand pesos, l'liilippi1w t'lllTl'IH"_I', 1\·ithin 01w Y('ar from the date of the acceptall('!' of tlw loan and fin· thousand pc.sos each year thel"eufter until tlll' full amount of the loan has b(•cn satisfied. (/J) To tlw l'ro\'iuct• of Homblon, eight thousand pesos, to be n·1mid to tlw lnsulnr Trcasur:-.· as follows: Two thousand pesos within on1• p•ar from th1• date of the acceptance of the loan and tht"<'!' thou.-;aml JH•so,, t•ach :year thl'n·after until the full amount of t]l(' loan has b1•1•11 satisfied. ( c) To the Pro,·i1M· o[ Abra, six thou!;and pesos, to be repaid to the Jn-;11\ar Trcasmy a:-; follows: 01w thousand two hundred p1•:-;o~ within om• rl'ar from the datt> of the !lCCcptancc of the loan and Olli' thousand two humln•d pesos each year thereilftcr until the full amount of the Joun has been satisfied. :->Ee. :l. Thi' mom·y appropriated by section one of this Act for loans to each of tht' product's th1•rl'i11 designated shall be paid by tl\(' Insular Trl'asm·t•r to lhc trcasurl'r of l'ach province concerned on tht' 1m•sc11b1tion lo the Jnsular Treasurer of a certified copy of a resolution of tlw provincial bonnl of such province accepting the loau aucl agr('(•iuµ: to r('pa:y tlw same, without int1•rest, in accord<lllPt' with lhl' prodsious of !;ai1l section one. The moneys so loaned shall. when repaid to thl' Insular Treasury, be retumed to the fmlll from which appropriated. Sn·. :I. The plan-; and spcdfications for the construction of the buildings pro\"idcd for hy this Act shall be prepared by the Chief of t\w Burt•au of Ar<'hitrl'turc um! Construction of Public Buildings, aud tlw huiMings when construetcd, togctll('r with the tracts of Jami upon whieh the same arl' situated, and the schools when c•stablislw1I, shall lw under the supervisory control of the Departnwut of Pub\i(• lnslructiou. SE<.:. -I. The pnhlic µ:nod rt'<JUil'ing the spct•dr enaetment of this hill. the passaµ:1• of tlw ,.;,uue i-; lwn•hy expcditt•cl in accordance with s1•ction two of ··.\n Act pn•serihing the ortll'r of procedure by tlw Commission iu tlw l'Jrnelnwnt of Jaws," passl'Cl September t\\·(•ntv·sixth, ni1wtc<'ll humlred. H~:<.:·. 5. This Act shall take 1•/Tl'ct on its passage. Enack<l. :i\farch 5, Hl04. 212 OFFICIAL GAZETTE EXEIXTl\'J~ OHllEJt, THE GOVERN:\IE~T OF TllE PI-IILil'PINE I8LANH8, EXECCTIVE BliREAt.T. 11.4.:\"ILA, Jflm·h 7, J.<J0$. f<:XF£~~~·~~.21u1~:H} The following-named pe~on~ having reeeiYed a majority of the \'OlP:-: cast in the rlection~ for provincial go\"('rnor, held in the prodnct-s (}e,,iµ:natPcl, on FPhruary first, nineteen hundred an<l four, and any irregularities whieh may have OC'curred in such l'lectionl' not hPing- deemed of ~utlicient importanee to set aside the proceedings of the conyention, l'alled under the provisiom; of i-et'tion four, A<'t NumherPd Eighty-threP, Philippine Commission, n:1 amended bv Act Numbered Three hundred and thirty-six, their elel'tions are l;ereby confirmed. The persons concerned will qualify and assume their respcctiYe offices in accordance with the prod!-iions of the above-mentioned Aet of the Philippinf' Co111111ission. :s'amc. Provmn•. Blas Villamar_ _________________ Abra. Hamon Santos __________________ Albay. Tomiis G. <lei lloAArio ____________ Bataan. (-irf')!Orio Aguilera _ _ _ ________ Batan~as. ~alustiano Borja_____ _Bohol. Pablo Tecson ___________________ Bulacan. Juan Climac;o ____ ---------- _____ Cebu. i\Iena Cris{Jiog:o -------------- ___ l\oem; Rnr. Raymundo :\lelliza_______ _Iloilo. Juan CailiCs ------------- _ _____ La Lagnna. Joaquin Luna ______________ La lTnion. Joaquin :!\Ia. Bayot y 1.nrbito ___ )la.shah!. )Jannel Corralefl _______________ MiHami;o. Antonio Jayme_ _ ______ l\egros Ocl'idental. Demetrio Larena_____ _ ________ Negros Oriental. Epifania rle los Santofl ___________ Nuern Ecija. :\lacario Arnedo _________________ Pampang1~. Artnro Dancel_ __________________ Hizal. Frand!'co Sanz___ _ ___________ Romblon. Eduardo Feito ______ Ramar. Daniel Toribio 8i:-mn _____________ Hnrigao. Alfonso Ramo;o ________________ Tarlal". Ricardo Parih:______ _ _ ________ Tayaha1-1. Pott>ndano J.effi('a_ _ ____ Zambale!<. Ll·K~: E. \VnwnT, ('iril<.'01·a1wr. DE{'ISIONS OP 'l'HE SU'REJUE Ct)URT. JNo. !Cl54. January 30, 1904.] Tiff: {".\/'l'f.'1' S'l'.,L'l'l~'S. <·0111pfai111111/ uu<l uppdfn·, n. ,'-,'/J/0.Y /JI-,' /':L/JCA, rk{ntr/111!1 1111rl (tppr:l/rrnl. C!ll~~IXAL LAW: BMIGANDAGF..-Tbc defendant, local president of an organizc-d municipality, knowing of the exlstcJJ("C or a band of brigands in the vicinlt'Y or the town, supplied tile band with provio;>ons and gave tllem inrormat1on <·on<·Prniug the 1110\·cmc>nts of the> Consti•hul:u-v [orrcs. /frlrl, that the factH 1·onstitutP n violation of the J)ro\'1sio;1s of sc<"lion 4 or Act No .. :>18. . \Pl'E.\L from n judgnwnt. of tlw ('ourl of Fir"t l11,,ta11c1• of :-:amar. Tlw fof"\,; an• ,,tat('(! in tlw opinion of t.h1• court. 1>1:1. l'.\X aud 011TIU.\1'. for appellant. :-:olicilor-(:1•11Prnl All.\Xt:TA, for ap1wll1•r. . lo11xsox . .f.: ·1·h1• <'Olll[Jlain( in l\1'' ah<n"('·l•ntillNI ("Ull'\I' slal1•" t]1;1t till' 1lt•· f1•11da11t. t''/.!('llH•r witl1 l'1•dro dP la Cruz an,\ OJH' C"allNI l~l'l"Jmnlino am\ otlwrs. did i[J,•gall~· eon .... pir<· lli;.wth(•r to form a h:rnd of rob· hl'rs for tlw purpose of stl'aling cambnos nnd other pl'rsonal prop· nty, h~· nwans of forc1• antl violence, and went out upon the higlnrn.\• ;1rnll'1I with cil·ndly weapons for that pmposf'; that tlw .~aid accu;;l'd, in th<' month of Novl'mber, 1902, knowing the t>xist('!Wc of said band and its unlawful purposes, did aid S;l.id unlawful hand b~· giving them information of tlw 1110\·ements of the Con;;tahulary and by giving llu·m supplic;; of food uml, 11;; wl'll, other supplif's. Tiii' tll'fl'IHiaut was presidl•nt of tlw pueblo of Tanrngnan. TIH' 1•\·idl'llCI' adducC'd during the tJ"iul cll'arly J>rOVl'd the l'Xist1•11e1• of th(• Imm! such a;; wa;; described iu the complaint, which wa-. <"ompost>d of from :JOO to 400 arnH·d nwn; that this band was HIHl<·r llw ('omuurnd of Pl'dro ,Jc la Crnz; that the band had bf'1•n nrg1rni;wd iu t!U' month of August, l!J02; that frequent robberil's n(•(•11n1•d in tlH' p1whlo of Tarangnan committed by this hand, of \\ hieh th" iu•1•u;;(•d hud 11otic1•. \"otwith;;lan(ling llw frt•(1ucnt robb(•ril•s committed by this band in and about tlw p1wblo of Tamugnan, of which the accused wns 1 lw pn•si1h•11t, lw n•prah•dly n•1mrtl'(l to both the govl'rnor of the l'rovinc1• of 8um11r uml tlw l'hi1•f of the Constabulary of thut pro\"i11c1• that 1•wrything was pPac<' and quiet in his pueblo. It was al:<o .~howu that diff,·rt"nt m1·mht'l's of this hand frequently \"isi!l·d in th1· Imus(• with !ht• <ICC'mwd, which show;; lo som<' t•xt<>-nt that lw w;1~ on fri1·rnlly n·lations with them. It was abn pro\·1·11 tlu1t at tinws he guvc ordPJ"s. a.~ presidf'nt of tlw pueblo of Tarn11g111m. to the councihm·n of thl' barrios ol" hi,, pul'blo, to notify him if nwmbns of this bim<l should be ><('('II in the p1whlo. in order that some nction, supposedly, might In• takt'll 11gainst tlwm. 'l'hPs(• orders showed that the accused had ~I) knowlPdg" of tilt' 1•xi,.,t<'11cc of tlw so-cnllPd bnnd and (2) of it:< unlawful purpos(•s. ll was al.'\o :<lwwn aml not dispnll'd that the arcused ns such pn•,,id<·nl (Ji,J, on onP occasion, ;;p1ul his \'ice-presidl'nt to the camp of this unlawful lmnrl for tlw purpos1' of selling to them personal c.,.,Jnla'\. thus att1•mpting to pliH'P in tlwir hnmh C<'J"tificatl's of n• .... p1•<·tnbility, and which to somt> ''XtPnt mad<• thf'ir l'Xistence ns n hand Hlfll"(' dillicult to f'.'\tablish. Tlw proof furtlwr ,.,how .... that on or about the 20th dny of l>PrNnlwr, l!JO::!, tlw accnsNI ,Jpliwn·<l to Pedro de la Cruz, at his l'alllp situali>(l nt tlw phH'l' cnllcd Bunayon, 11 cPrtnin amount of l"il'P alHI Ji-.;h for tll<' use• of him•wlf and soldiers under his comHmlHI. TIH' proof furtlwr ;;hows that on the same dny the accused ;.:aw to Uu• l1•1H!Ns of th1• band notice of the fact that the Con-.tal1nlary Juul phrnm·d an attack on the band that same night. TIH' attark di,J tHkt• phtcP. The proof shows that the band wns pn•pan•d with 1•xlra gmud", l'lC. l "rnll'r th<' l:rn·, ht• who knowingly aids :t band of brigands by furnishing thc·m with food or otlwr supplil's shall, upon conviction llwn•of, lw punished by imprisonnl<'nl for not less thun ten years and not mor1• thau twl'l1ty :rears. TIH' followinJ! c•ouclnsions of fact an• deducible from the proof in ild~ caus1•: I. Thal a ham! of hrig:uuls, comprn·w<l of from aoo to 400 men, a1·1111•(l with d('a,11.v w1'apo11s, 1·xiskd in au<l about tlw pueblo of Tarangna11, in tlH' Provim·l' of 8amnr, l'. [. :!. That llH' arnwd lmml had con .... pirl'd togC'tll<'r to steal caralmo-. and otlwr Jll'r;;ounl propPrty hy nwans of for<•t• and violence, nlHI to roam nv1•r the countrr for that purpose . :1. That 1111' ~H'('llS('d had full knO\d<'dg<' of the exist<'nce of sni<l b.m(I. he having had fr(•qm'nt intl'rl'our;;p with them. 4. Thal on or about the 20th dny of Dl'cl'mbn, 1902, the ac1·n,,(•(l. iu tlw jurisdiction 0£ tlw p1whlo of Tarungnan, in the l'rovim•1• of 8a111ar, P. L. did voluntaril~- aid th<' hand of brigands h.v giving tlwm fond C'oll~i-.;ting of rirt• arnl fi.,.h, and also by giving th(•tn information <·onc1·r11ing tl1t> mm·Puwnt;; of c1•rtnin forces of till' l'hilippi1w~ ('onstahuh1r.\· locatl''l in thr Provine<' of Sumnr . TIH' trial jtHI;.!''· afl!•r lw,1ring tlw proof, sl'ntcncPd the said Simon (h• l'a(lua to IH" imprismwd for tlw pniod of twch'l' ypars, with tlw !IC'l't'~"orit•s of tlw law am! costs. OFFICIAL GAZETTE 213 It is thl' judgmf'nt of this ('Ollrl tlmt this Sl'llt(•nc1• h<' a!Iiruwd, and it is lwn•lw allirmed . .Art"lluno, (' . .'r.. Torrt•s. CoopPr, \\"illanl. :\l;tpn. aml :\lcllonough, ,J.f., <'OllCUI". .f11rl9111f'llf <1/firmrd. [No. 1723. January 30, 1904.] ru \.\"CINCO (;("'l'n'Hl/f.'Z tn'l'/IJf;, prlilirrn('I", FS .• J.1.lff:,<.; ./. l'f."l'HN."10.\". 11s ,'-:l1<'l"i/T of the cil!f of .lfonifll, rrs1m11drnl. 1. IfAimAs Com•1·s: .lt'HISnlcTION.-Whl're It appears that tbe Court of First Jnstouwe has jurlsdlctlon to issue an order it has power to punish u person for refusal to eomply with such order. 2. Ju.; Io.; E1111on.-An order made by a t•ourt within th1> limits of Its jurlsdiC'lion. even if ('rro11eous, will not be set aside on habeas t·orpus. 3. Ri-:n:in:R; AT"rA('HM~:NT.-An attat'lunent or the llefcndant's property does not" render void a prior order diredlng the delivery to a rerelver of other properly of the debt which I~ the subjet"t-matter o( the litigation. On tlw 12th of .la111m1·y, 1!)04, :\lrs. Eh•110rn Emicu 8trong li\t•tl a complaint in tlw ('ourl nf Fil"sl Instance of Manila against llw 1wtiti01wr, Fr.uwi,.,co Uuti1•rr1•z !Upicle•, for till' n•(•ov1•ry of 800 sluu·l',, of tlw .... t1wk of tlw l'hilippi111•s Sugar E...;tnlt•s Company. Limitf'd, allt•gt•d to ht• tht• propt•rly of tht• plaintiff but claimed by tilt' 1l1•fE>ndnnt uudN a convE>.n111c1• said by the plaintiff to l>e void hy rpn,,on of fraud aucl tlPct'it on tlw p1irt of Gutienez. Tlw prayer of thP complaint wus that tlw plaintiff lw adjudged lhr own1•r of thP ,.,tock in question, anti that a recein•r be itppointed for the same until liiml judgnwnt. Ou tlw samt• 1l11y the Hon. ,John ('. 8weenl-';-.·. judgt• of tlw Court of First Instance• of )lnnila, nmdt> un o\'der appointing tlw Slll'riff n rC"cei\'t'r to t.1k1• po,.,,.,pssion of the stock ;md orderf'd tlw dl'ft•ndant. nutil'lTt•z, to elt•liver ii to the receinr. Xoti('t' of th(' onll'r ha\"ing b1•t'11 ,.,prnd on till' <ll'f('ndant. lw informl:'d tht• Sheriff tlrn1 ht• was unable to t•omply with the ordPr. us tlw stock was not in his po..,srssion. nnd thl' 8!lt'ritf madl:' return to tlw l'o1ui accordingly. On .January 1:1, Hl04, tilt' dl:'fl:'ndant was ordl:'nd to appt•ar to show C<lllw why hP shoulcl not 1* conunittl'tl for l'Ontempt h;-.· reason of his failui·1• to comply with tht' ordrr of tilt' court eoncl'rning tlw delivl'r;-.· of tlw stock. At the lu·aring, on tht• onll'r tlU' defPndant stnlt•d urn!Pr onth aml in wl'iting that lw was mmhlP to obt'y tht> ordf'r because• tilt' shnr"" of stock in question had lwcu st'nt to 8pain two months hl•fort•. _.\fte1· rl"cei\"ing othrr tE>;;timony .. fudgl' Swrl•nt•y, on .January 18. l!l04, ti\C'd a w1·itt('ll tlf'cision in which Jw l'XprN•st•d thl' belirf that the defendant's stafruwnt..; wn1· fulse, that he still had thl' stock in his posspssion, and that his failure and refusal to deliver it to tilt' receivl'r constitutt·<l a contempt. Cpon this view of the cust' tlw court ordert'd that tiw dt•ft'lld<lllt hi' imprisoned until such time as lw would comply with tlw ordt'r for tlw delivn;-.• of the stock. Prior to the order adjudging the dPf Pndant gnilty of contt'mpt. and on the l-1th day of January, l!l04, ,Judgt• 8wt'e1wy ordered the 8heriff to attach so much of the defondant's property ns might be required to satisfy a jmlgnlt'nt of $lii0,000 with interest and costs, aml in obedit'nce to this order the 8heriff attached 800 other sharl's of tlw stock of tlw Hugar E:..tatt's DcYl']opml'nt ('ompany. On the lflth of .Jannar~-, 11104, till' dt'ft•ndnut.Gutit'1T('Z,prest'11tt'cl a petition for 11 writ of habeas corpt!s to the Hon. ,John T. McDonough, one of ti\(' judges of the ~uprt'nw Court, ulh·ging that hi' was illl'gally dt'prived of his lilwrt.v Ly the Hheriff of :Mauila. Thl· writ was issiwd as prayed, and made returnable bt'fort' tlu· eourt in ba11c on tlw lnth of ,fanuary, lfl04. At the tinw designat<'d tlw respondent appt'arf'd and filed his return to tlw writ. in whi('h lw stalt'd that tlw 1wtitiom•r was in his custodv by virtm• of tlw ordt•r of .Jitnmn;-.· 18, ahov1• rt•fcrrt'd to, aml ~\'a1:rnnt of (·ommitrnl'nl of the ..;anw datR., isstll'tl by tlw lion .. John('. 8wl'l'nry, as jndgt> of tilt' ('ourt of First ln,.,t.rnct• of )fanila. HARTIUA~. )L\m•u:, 80I.IG'.'l"AC & Ut:Tl~:R11~:z, for pt•titio1wr. OSCAR :-irTJ!O, for l"t'SJlOlldt'nt. \\"11,J,Altll,./.: That tht• Court of First Instancl' had juris(lil'tion of tlw 1mrtit's nrnl th(• suhj(•{'\-mnttl•r of tlw suit \J('tW<'t•n tlw Strong..; anti t\H' )H'titio1wr is not tlrnic•d. That this Hl-tion hl'longs to the das . ..; of at·tions in whi("h tll<' ( 'onrt of Fir..;t l11--t1uu•1• has jurisdiction to appoiul a n•t•ein•r l"Hll not ht• tlt•nil'cl. Xor l'all it ht• dl'nicd that in an ncliou in whit·h lilt' (•our! has tlH' power to appoint a ree1•in•r it m:iy 1tmkt• an onh•r n•(pliring parti('s to tiw a('tion to delin•r lo Uw n•rt·in·r th1· propt•rty iu litigation. If a ('ourt of Firsi ln"lolllt't' has 1mw1•r to iss111• i111 onll'r it has jurisdiction to punish a 1wr,.011 for a n•fnsnl lo ("Omply with ,.,uc•h ord(•r. Having 1111' pow1•r a1Ul jurisdiction in this class of cases to issnt' au onlt•r n•quiring a lll'ft>ndanl to dt•!ivt•r Uw 111·opC'rty to the rt'· ct•in>r and to procN•tl nguinst tht• defrudunt for a failure to comply with ..;uc·h onll'I", Ulff misiakt•s whil·h tlw t'ourt um\" h1lVI' made in t'Xl'l"C"isiug that pow;·r in this p.irticulitr ease must .be cOITt'cted on an appe·al. Tilt' allt•gations in tlw 1wtitio11 for til(' writ of ltabea.~ ro1·p1111 io tlH' t•ff<>ct tlmt tlw n'ct•in•r was nppointf'(l without notict' to tlll' d1•f1•11C!ant and thnt no bond or no sufficient bond was rP1111in'<I: that in thl' prort't·dings for <'OlltPmpt no complaint had \11•t•11 lilt•cl whe•n tht• !irst orclt•r was madl:', und that tlw court wrongfully d1·<'ided upon till' cvidenct' that the dt'fendant had in his po,.,..;1·.~sion 1111' stock in (j\Wstion. all full within this rule. If tht'st• wt•rc• 1•rrors whil'h tlw court hl'low committed during the progn•ss of thr caS(', JW\"t•rtlwlt'ss tlwy did not make his order committing tlw def1•rnlaut an ahsohlt(• nullity. (Code of Civil Procedurt•, st>c. :i28.) It is claiuwd b;-.· the pt'titio1wr that tlw attachment of 800 other .-.lmrp..; of tlw .-.unw . ..tock ht'longing to tlw defendant had the effect to rentln ahsolutt·ly \'oid thl' ordt•r in (Jlll'Stion. The attachment s1•1•m . ..; to lmn· h1•c>n granll•d umh•r st•ctions 412, third, and 424. \Ye (!fl not Sl'l' how an attat'huwnt 11nd1•r that spction on the ground that the dt'fcndant Im..; t'oncPall'd thP property in litigation can absolutPly d~priH tlw l'ourt of thr powl'r through its receiver to tnkP po,.,..,t•s,.,ion of tlw propnty ilst•lf, if it should be ;tfterwards found, or to eontim1t> proct•l'dings tlwn 1wnding looking to a dis· l"O\'t'r,\" of its \\'hl'n·ahouts. Therl' is nothing in the Code of Civil l'roct•ei111·1· which dt•clnn•s lh11t tht• attachment shall have such t•ffel'I. Tlw conlt'lltiou of tlw pt'titioner would lead to the result that if the day aftt•r tilt' attachnwnt had bt•Pn 11'\"ied the defendant had Pxhibit(•d in court 1111' shan•s in litigation the court would hin·t' had no powt'r to ord1•1· their delivery to tlw receiver, and appa1·1·11tly to tlw fnrthl'I" n•sult that no such ordPr could have lll'e•n in:..e•rtt•cl in llw final jmlgnll'nt. tlw attachment which the law allow:.. in this class of cast's thus ha\"ing the l:'ffl'ct of changing the natnn· of th<' ('ast• itself frnm ouc for the recon·ry of spc>cific 1wrsonal prop1•rty to OJU' for tlw recoHry of its vahw. Tlw fact that th(• plaintiff's elnim might in such casl:' be doubly .~1·('1\rt•1I conlcl not dt>stro.v thr juri:-.dkiion in rC'gard to tlw receivPr \\"hil'h tlw eourt had acqnirl'd prior to tlw attachml'nt. The l"l'l!Wdy of tht• pt•titionl:'r for tlw correction of tlw t'rrors he alleg(•<; ha\"t' bc>C'll conunittt•d in thi..; cast' is by appeal and not by lwbcus corpus. Tiu· prboncr mu . ..;t bl' remarnlctl to tht' custody of tht' Sheriff. ..\rl'llano, C .. I., TolTl''"'· ('oopt•r. :\[apa. :\IcDonough. and ,Johnson, ,JJ., ('oneur. l'f'litiou <le11il'rl. [Nos. 15Gl and 15G2. February 2, 190-l.] R,H'AJ-.'f, f,'.\"HU)l'f.'Z p/uin.tifl" tuul appcllct>, 1:s. A. S. lrATBO.Y ,{- ('0. f,''/' A/,., d1•fcndrinf,q <11ul appcllcrnts. P1.~:Al>H'W ,\~]) PnAl"TIC.:: 811.1. 0}' Exn;PTIONS; DY WHOM TO 8~: Sw~~;n.--Where a steuogrnphlc record bas been made of tbe pro•·eedin~s al the trial the bill of exceptions may, in the.absence of lhl' trial Judgf', be settled, allowed, and signed by the judge present at the timl' the bill ls presented for that purpose. 214 OFFICIAL GAZETTE APPEAL from a jmlgnwnt of Uw Court of Fir . ..;t Jnstam·l' of :'llanila. Tlw fat•ts >11"1' stat<·1I in thl' opinion of tlw <'onrl. t:mus & KIX<'.\lll, for ;1ppt•lla11L..;. l'nAnu:s ('. ('011:.. & l'n1·11•:trr H110TllEllS. for ap1wll('<'. .JoJJXSO'.'>, ./.: 111 t•ad1 of tlw ahO\'t'·('lltith•cl <·a11:-;t':< the• :11\onwy for tlu> ap· pt•llt'l' mon•d that tlw hill of 1•:..c•t•ptiou>< li11•1I ht• 11ismi..;><c•<l fo1· tl11• following n•asons: I. That tlw ..;ai<l hill of 1•xt•t•ptioth had not IM'Pll c•111upl<'kcl ;nu\ c•c•rtifil•tl i11 tlw form pn»;crilX'd hy llw law; and :!. That sai1I hill of c•xl'eplion,.; hatl uot hc•1•11 ('Olllph•h•tl. c1•rtifi1•1l, 1101" ,;iµ1lt'd hy tlw j111lg1• who trit•ll 1111' eaust• in tlw C'ourt of Fir'<t l11st.1m·1· nf llw l'ity of :'llanila. ln;tsmlH'h as tlw faets iu <'al'h c•a->P 11po11 \\·hi('h Uw motion lo dismiss tlw 'mid hill of rxet>ption . .; \n•n• tlw ,.,nme, thr n•s1.e1·lin• ntlonwys ag:r1•1•cl that tlw 111otion-. ,.,hould be hrartl togetlwr. Thl• fuds upon whid1 th~st• mot iou;; w1•n• ha,.,c•cl \\'t'l't' a,., follow,.,: 01\l' of tlw j111lg(';; nf tlll' ('oud of Fir,.,l l11;;lu1w1• of. tlw l·ity of )lanila, 011 till' ~M day of )lay, l!IO:I, clil·latc•tl a s1•nl1•1J('1• in English iu tlw ;;ai•l l'll\l><e'" awl imuwcliall•ly th1•n•aftc•r l1•ft tlw jurisdiction of tlw said 1•0111·\ a11tl was g-0111• for M'\'e•1·al months. In faet tlw saic\ judg-r 11itl uot l'<'turn until long aftl'I' tlH' tinw lix1•1l Ly tlw law for perf1·cling tlw appe·al in .-;aic\ caus1• ancl for th1• pH'f"rntation and 1•c•rt ifil'ation of tlw hill of 1•x1·eptio11s. On till' -Ith tla,\· of )lay. l!JO:J. au t'Xl'eption to the s1•11l1•11e1• or juc\µ-m1•nt of snill trial jmlg-1• w~1s duly tak1•n by appt•llants a111I allmn•c\ hy llw lion .. John C. Swt'l'm'y, tlw only jmlg1' of tilt' l'onrt of First \J1,.,lanc·1• of th1• 1·ily of :\la11ila pn•sc•ut at lhat tinw. On tlu• ;;th 1lay of :\lny, l!JO:I. a motion \\as 11md1• h~· ;;aid ap· 1wlla11t-; hdon· .Judgr S\n•r1wy for a Ill'\\' trial of sai1l <·au>.1• upon tlw ground that tlw M•ntl•11<1• \\·a-. 1111111if1•stl,\· <'onirary lo tlw \wiµht. of the <·Yiclc1w1•. On tlw 20th tlay of :\lay, l!JO:J. tlw sai1l motion for 11 JW\\' trial mis denit•d by .Jutll!'' Swrl'm•y. Thi• app1•llant tlwn am! thN1• ilnl,\· exet•pted to ;.aicl orc\l•r and th1•11 and th1•n• g-ave notice of hi-. intrntion to 111·1·s1'11t a hill of c•x(·c•ptious. and on tlu· sauu· li1.-.t ml'ntioncd day 1u·1•s(•nlt•d tlw hill of 1•x<·e•ptions lo .fudg1• ('rosslie•Jd. \\•ho was lhC'n acting a.-; a jutlg-1• of the• l'onrt of Fir ... t l11..tanc•1• in said eitv of Jifanila. for (•1•rti!iC"ation. On tiw 8th clay of .Jul~·. \!IO:J .. Jmlg-r Cros-;fiPM "i.!.nll'd tlll' following: "'l'lw prN·l•tlinµ hill of 1•xc·t•ptio11". in tlw (·au-;p of H.;1foc•l Enricp1ez, administrator. 1·s. A. S. \\'at-.ou & ('o .. Limilt•c\, 11('1\l',\' llumphrry,.;, T. G .. fo,\·. aud \\'altt•r 1 Willi:nul :\lorl1·y. ha\'inµ \11•t>n prr•wntc•1l to mt• hl'l'Hlht' of lht• ab,.,(•IJl•t• in tlu• \ 'nifrd i-:tat1•s of thr judge• who hl'ar<l saitl c·aU'i('. aml tlwrc• \11•i11g 110 p1·osp1•1·l that he will n•turn hcfon· till' 1•xpiralion of tlw tinw within which tlll' said bill of c•x11•1iticm,.. must hi' appro1·1•(l. an(! tlw ."Hllll' aftl'r comparison with tlw -;knogrnphie notes of tlw trstinmny taken at till' trial hy thC' otlieial st<>nograplwr ha\'ing he'l'll founel to !)(' c'Ol'J'('('t. I apprm·1· tlw ... ai(\ bill aJI(\ onlf'I' that it IH' altac•h<'d lo tl1r n•cortl of tlw sai1l cause." In n•ply to tlw llr,..t ohjrctiou alJtffl' pn•s(•Jltt•d. that tlw sai1I bill hncl not 1.rl'n ('Ompll'tc•d and 1•c•rtilic•c\ in llw form prc•,.,C"rihrtl by till' b1w, tlll' 1·011rt limb that tlw form of the saitl hill of 1•x('1•ption.; wa;; in aceorch111(·1• with tlw rules of law. Tlw ,.,p(·oncl ohje•c·tiou aho\·1· 11n'"('nl1·cl contain-; g-rl'alc•r rli11i· enltil'f". Tlw q111•;;1 ion prr>.l'nt<>cl on tlw ohjP1•tion i;;. \\'ho must ... ign and <·('rtit)· to a Uill of l'XCl'ptiou<.;'! :-:1•(·t ion l.J.3 of th(' Cocl1• of Proc·Pclnn• in Civil Actions pro\'idc•s: ":-i~;I'. 1-1:1. /'('1'fcC"fi11!f bill of 1·xc.:plim1.~.-Upo11 tlw r('mlition of !inal jmlgmrnt 1\i,..po,..ing: of tlw a!'fion, rithrr party shall hnn• tlw rig:ht to 1wrfc•d a hill of 1•x(·1•ptions for a r1•\·ie•w by tlll' f-;upn•mt• l'ourt of all rulings, ord('rs, and judgments made in the action, to whi<"h tlw party has duly excepted at the time of making such ruliug, ordN, or judgnwnt. The party desiring to prnst>eute thr bill of 1•xe·1·ptious shall ;,o inform th1• court at the time of thr re•utlition of Jina! juclgnwnt, or as soon then•aftrr as may be prac· lil'ahl1• aucl hdon• tlw c•mling of tl11' ll'l·m of court at which final ju1lgnwnt is l'Pllcil'rct.I, and the jmlg1! shall enter ~t memorandum lo that <'ll't•t·I upon his minutC's ancl order a like memorandum to he• mad1• hy tlw d1•rk upon the dockC't of the <'ourt among the otlwr 1•11hi1•,. n•l11ting to tlw action. \\'ilhin t1•n days after the c•nlry ol' tlu• rnt•nmrnndum afor1•said, the 1•xcrpting. party shall (·:ms,, to lu• pn•....c•nh·d to th!' judgt• a brief statement of the facts of t Ill' (':\St• .... u!lieie•ut lo show the hl'aring of the rulings, ordns, nr jmlg"m1•ut" 1•x1·1·ptecl to, aud a specific statt>ment of each ruling, onlt•r. 01· j11dg"11u·nt that has lx•<>n exc'<'ptrel to, for allowance by the juclg"e'. Tlw JUclg1• shall tlwn•upo11, after l'C!lsonable notice to lmlh parli1•-; am! wilhin lin~ d11,\·s from thr presentation of the bill of t•xc•1•ptio11s lo him, n•statl• thr fa1-ts if need be, and the ex<'t'plion-;, -.o that tlw q1wstions of law therein involved and their n•l1•\"<1J1(·,\· shall all 111• 1rnul1• el1•ar, and when tlw hill of exceptions li:1-. hc•e•n 1wrf1•1·t1•cl aud allowed hy tlw judge he shall eel'tify that it lms hl'1•n ... o :11lo\\'1•1I, autl tlw bill of l'Xccptions shall be filed with tl1t• ollu•r pape•rs in llw al'lion, aml tlw snnw shall thC'reupon he• lJ·;ul"ft•nt•cl lo llH' S11pn•11w Court for lil'termination of the quc•,.,tious of law i11\'oh·1·1I. .\ bill of 1•xc1•ptions may likewise be nmdl' lo 1'011sist of tlw j111lg1•'s findings of fact in his final judglll('lll aml a -.latl'nwnl 01 all tlw t•x<·eptions rrsC'r\'ecl by the party ch•siring to pros1•<•11tt• tlw bill of rxceptious, which shall be allowed and lilc•1l hy llw judge• as nho\'I' in this <.;rction provided. "lmnwcliatl'ly upon l111• 11llmrnnc1• of a hill of <"XCl·ptions by thl' judg"e' it -.hall lw tlw cluty of thP clrrk to tmnsmit to the clerk of tlw Supn•un• ('onrt a ee•1tiliC'd l'O!J)' of the bill of eXCl'ptions :uul of :Ill clm·u11JC•nt-; whkh hy th!' hill of t>Xceptions are made 11 part of it. Tiii' e·aust• -;hall lJI' hl'ard in the Hupr<>me Court upon !Ill' c•c•rtifie•1I c•OJ)Y of till' hill of rxc1·ptions so tmnsmitted." Thi., quoh'<i sl•dion mig"ht be l'Onstructed to justify the contention of app1•llc•1• that lilt' trial juclµ-1• was tlw only person who eould <·Ntify to tlw <'Ol'l'('<"tnrss of n hill of exceptions-he being 1hc• only lll'r-.on, >.o ornthorizNI, haviug full knowlrdge of what trnnspin•c\ in t]1(• t1·ial. This conll'l1tion had gl'e~tt \wight formC'r· ly. prim· to ch1ys wlwu sl1•nogmph1•rs \l'l'l·c· C'mployed in the courts. To-da.v. wlwn· -;frno;rraplwrs are emplo~·1•d in the courts in tht> trial t1f 1·orn"1'"· tlwn· is a C"olllpl('t(• authentic record mnde of e•\·prything" whi1·h tran.-;pin•s cluring the trial. Frnm this record, 1•\'t•ryouc• \\·hn nms may n•ad as \1·1•\J ns another tht' record and ht• iufon111•d full,\' of c·1·1'J)' act, objr<'lion. 01· rxception takl•n or trn1•l1• (lnring- tlw trial. Thnt hl'ing lnw. tlwn any person ma;r a-.t·c·1·tai11 for him1-.l'lf tile' l'orrrctur<:s of any allegation made 1•01wc·1·ni11µ- 11hal trans1ii1·e·cl during thC' trial. In order, however, that ap1u·llat~· c•onrl" may ha\'(' a bill of exception perfected and s1•ttll'd without eonfu;;ion or clisputation, the law hns provided that tlw saml' ,.,hall IX' signed Ly the judge of the court in which it arci,.,1•. Tlw 111ti11111t(• objeet of a bill of exceptions is to bring hrforc• llw apprllatt• c•onrt in some authentic form the facts upon wlii(•h tlw pnrlirs r1>\y in sai(\ court. For this purpose it would he• rnlirrly within thr provi1wC' of the legislature to pro\•ide that -.1wh f~H·t-. he• 1·c·1·tilit•c\ lo hy one pergon as well as another, so long .t., tlw po1rtil'11lar 1wrso11 so authorized had suffi.C'ient information of tlw fads. t 'ndt•r tlw Coc\1• of l'rocrdnre in Civil Actions it is quite clear that it wa,.; not tlw purpose of the legislature to require one judge of tlw Court;; of First lnstanc(' to do all the acts connected with a parti('ular action from its inerption to its conclusion. Section .J.!l of A('t J:Jti and s1•('tio11s :ns, ;~i!J. and 380 proYide for thC' ~11h,.tit11tions of jmlµ-1•-; nnd1•r th!' l'Onclitions therein rnumerated. 'l'hr lt•g:i,.,latun• forp;;;iw what ha-; ar•tnall.\• happen"cl herc--the fivepwnt 1·lmnges in tlH' Jll'l'"omwl of tlw jmlgt•s--and by law has OFFICIAL GAZETTE 215 r<'lievrd tlw parties litigant of the c>ndlcss embarrassment which would nN·rssnrily follow suC'h chnngcfi, if new judges or successors <'OU!d not concl~dC! litigation comm<'nccd and pnrtially con<'luded. Th<' qurstion, who may sign n bill of exceptions, has been lwforc> the courts of th" Unitrd State,; Ill\\" times, and tlw various (\ecisious on the snmC' nr<' in<'concilnble. l<'ornwl'ly it wn;;; the practice, when nn 1•xccption was btkcn to any ordC'r or l'Uling of the court, to present the bill immediately to thr> jmlgr for his signature whil<' his re<'ollcction was fresh. Latl'I' it IK'calm' thC' praC'tirC' for tlw judge to note Uw rxcC'ption arnl to rC'l,V upon his notes in the determination of the question wlwthcr the bill tcmlrrcd wns tnw or not, and the bill was tlwn l1•ndNC'd during the tC"rm. This rnlc was still lat1>r rrfaxccl hy statute, in many jurisdictions, by lll'l"lnitting tht• hill to llC' prt"scntcd within a Jimitl'd time affrr the h>rm. In some juris1lictions the judge mts cv1·11 l!il't"ll tile' right to l'Xtl'nd lhi,.; ,.;latutory period within whiC"h tlw hill of <'Xl'(•ptions might lw lt>rnlt•rrcl for allow1111C'r and :<ettl1'111C'nt. In niw in,.;tanC<'. wh1•n• ,1 jncig<' rC'fusNI lo sign a hill nft1'r lutving been ;;o onl1>red by lhC' appC'JlalC' tribunal, and n•,.;iµ:nC'cl in order to eseap1• this dut_.,. the Supreme Court, IJCing satisfiC'el that the bill was tn1C' us pn•,.;rnted, ordNe<l it t•ntered, us a part of the record, as though it had been signed. (People m:. Pt"nrson, 4 Ill., 270, 28;).) St'clion 4 of artieh• 4!1!) of tlw Coe!C' of Prorc(lnr<' in Ci\'i\ .\('lion.; justifil's this sanw iu•tion nn tlw part. of this ('ourt, which l'learly imlicates that tlw l1'gislalun• nf tht•sC' Islands did not intC'ml lo makr it :d1sol11h•ly IWC'('s . .;ary for a hill of l'Xl'l'ptions to hi' sig1w1I hy thr trial <'011rt or otlwn\·ist• to ,;nbjl"d tlw parties lo till' aunoyimC"e of 'a nC'w trial. Th<'r<' are numProus pr1'ced1•nl,; that if tlw hill <'an not ill' s1•ttled b_.,· thC' trial judge b_.,· reason of loss of papers, by reason of his lul\'ing gone out of ollie1•, or siC'kness or absem•1• or otherwise, a new trial will be granted. But parties litigant should not be put to the nnnoy111w1' and l'XJlf'llSC' of tinlC' arnl monc•y of a JI('\\' trial wllC'n it cnn he uvoid(•d without rlc•trimC'nl to th<' rights of either. .\. bill of cxcC'plions i . .; intended i.imply lo 1m·sC'nt lo the appellntl' 1•om·t a hriPf stah·nwnt of facts showinl! in what way error wa<; committed by till' trial court, and to whiC"h rrror the attention of tlw trial court was called al thr lime. In this presrnt casC' a full report of all the i;vidcnc<' offe1·('(] as WC'll as of all exceptions made in thC' tri:1I was made at the liml' hy a stenograph('I'. and onP jud,!.,<e a.; 11·1·11 as anol]IC'r ma,\· Pxami1w this rC"cord and he satisfied conet:·rning what was donr at tlw trial. lf this bC' true, we <'an 11ot sre how thrrc <·an he muC'h rnom for eontroversy in regard to what the e\"idC'nc<• and th<' f'Xceptions werf'. And that is the only qut•sliou in sPttling a bill of ('Xceptions. Th(' C"ertificatfo of tlw jmlgl" approving tlw hill of 1•x1·1>ptions in this causr disclose'.; the fa1•t that hi" h1u\ \'r•rifit•d the fads l"ontain<'d thcn'in hy thC' stl'nol!rnphic notes of tlw trial of said cause. L'ndn the casr a.; prPsC'nted it would hf' manifC'stly unju . ..;t to both of the parties to reject the hill for lack of .<;ufficient authC'n· tication, as such n course might rC':mlt in a new trial, when the record. if examined, might not diselos1' n·versihl<' <'ITor. Tf such should not be the result, the plaintiffs in nror would be dl'priYr.d of thC' right of review secured undn statutory provisions without an:i.· fault on their part. In support of the ge111'ral proposition that thC' triul juclgl' is uot the only judge who may certify a bill of exceptions \\"(' 1•ite lh1• decision of this court in thl' ('llllSI' of Fort111111to RiC'amora rs . . JudgC' Grant T. Trent. ThC' motion in each cause is d1,nil'(l. Arellano, ('. ,J., Torre's, Cooper. Willard. :\[apa, aml :\lc•l>o11ough. .TJ., concur. Jlotions denied. UUltEAU OF POSTS OF THE PHll,IPPINE ISl,AXDS. l\fANILA, P. I., }1'cbnwry 25, 190-~. (iK:-.KKAI. OBDElt \ ~o. 6. J I. On F1•lmmry Ii last the President of the United 8tah•s issued nu order rC"voking all l'XPcuti\"c orders permitting tlw sending of unS<•:il<'d pa<'knw·" and parcels of mailable matter containing onl:i.· urlirks d1•sig1wd as gifts or souvC'nirs and with no commercial purpo,;(• and not for salC', hy persons in the United Stntes service to mPmbNs of tlH'ir familil's in tlw L"nitcd States, subject only to donwsli<' postag-1• rates and regulations. This e:<1'cuti\'1' order t'llll<'t•ls .;('C"tion 71 of Ord(•r Xo. 128:\ of the Postmaster-Genf'rnl of tlu• l"11it1·d Stafr.;, 1latl'Cl Xm·1·mbt"r 18. l!lO:l, which is published on JHl/.t(' !1-l!l of tlw .lanuary. rno:1, l"nilecl 8tates Postal C:nidc. Pn>-trnastc•r,; will, tlwn•fort•. disc•outi111w indorsing packagt•s for thP ..,,,m\1•rs a.; providt•d in this >i('<'tion of this order and will inform llw pntrnn-.; of tht•ir J't'>iJWctiH' ollicrs that tlw privi1Pg1· of i.1•111\iul! gifb and MJll\"c•ui1·s in llw mails to the Cnited States frt•c from ('Uslom,; dnti1•s ha.; hC'l'll rl'\'Okt'd by the President. C. :'IL Co'l'TERlfAN, Director of Pos/i;. HUUEAU Ot' CUSTOMS ANI> IMMIGRATION. ~o. :171.-ll'omkn 1.11w:; (I) rnrr;cd or(.~) r:hisdf'rl. !\fANH,A, /<'<'11r1111ry 8, /!)()~. '/'o u/f Uoll<'r!lr!r:<> of Uio;/oms: Tlll' following is lwn•hy puhli;;lw(l for l111" informulion and guida11<·1• of all c•om•1•nwd: ··111 tlw malt(•r of Prnlt•i.t Xo. 2:w:s, Jil1'd .August 13, l!lO:I, b,r .\11•,..sr;;, :\lurph_..-, :\Innis & Co., ag-ain . .;l tlw deeision of the Collt·ctor of Custom'< for tlw Philippim· !;;lauds, acting as Collector of Custom,.; for tlw port of :\lanila, as lo tht• rntt• and amount of (luty 1•lmrg('ahl•• 011 <'rrtaiu mt•rdmn<lisl' dC"sl•rihed in 1•ntry No. A :i:J!l, \'ouelwr ~o. :)1!12, paicl Angnst l!i, l!IO:t ··Tlw elaim in thi.; east" is aguin<>t tlw classi!ication of ecrlaiu wornlt•n po.;lpr t.qw a.; 'C"arvPi\ and <'hi.;<']t"d wootl.' undC'r paragraph 1!17 of \lw Tariff lh·\·i.;ion Law of l!IOI, at $25 pl'I" JOO kilos, in.;tpad of as 'eomt1Hlll wood. 11C'ith1·r <'hisl•led, inlaid, \"<•nee1·1"d, or ('an·pd,' n11d1'r paragraph l!l5 al $5 1wr JOO kilos, as entered. ·'Thr tnw in q1w.;lion is what is known as 'postPr t.\'(w,' larg('. plain. unoni:rnwntPtl l1•tt1•rs 1l<'"il!tlt'd for the crudC'st, coal'sC'sl, 11ncl (·lwap1•;.t. ,;m'l of printing. Ea eh lt>I t1·1· is made hy taking 11 hloC'k of woml of tlw rt'<Jllin•i\ lhi<'k1u•s,.. mu! "routing' away all the surfa<'t' not n•qui1·c·d a,.. a printing fa(·c· to lhe lettrr. AftC"r the maf'hi111• has dotw all [JOi.>-iblt•. tlw anglt'" arc 'touchl'd np' by hand with a chisl'l or gra\"1•r. "Tlw 1pw;;lio11 is wlwllwr Mieh au arti<'le is (I) <'lH'\'t•d or (~) chisel<'d. ThC' importt•r claims that it is not can'l'd for the rC'ason that all tlw work of earring upon it. <'Xcept the 'touching up' (to h<' rl'fC'JTl'(l lo later) is don<' hy miwhinC', and that 'carving' rC"fers ouh· lo harnl wnrk. \\"ith this distinction, howe\"t•r, this officl' is um;b\(' to agr('('. Tlw word 'earn" is defined by \Yehster as follows: '(';11TP: lo ('l\t, a.; \\'OO!l, ;.tonC', or other matC"rial, in an artistic· or d1·<·nr11lin' 1rn1111w1·: to seulptnrC'; to engrave.' '·Givl"n the· l'll'1·ct it is Plllir(•ly incliffcrcnt whether that effeCt i ... prnclu('e•d h,\· hand or ni:whinC". in fact, most of C\'C'll the fiiwst ear\'ings awl .;<'nlptm·p.; art' now wrought with machine tools. Tlll'st' ll'tt1•1·s arc• not 'pan·Ni' within the mC"aning of thC' law, br1·aUsl" llC'itlu•r llH' p11q1osp nor the C'fft•ct of thl' opC'rations perfornwd upon it is arlistiC' or dl'C'Oralivc. The purpose of the routing mn<·hi1H' is simply to n•mo\·t• 1 lw snperfluons wood in the quickest nnd l'IH'~IJll'"I po>-'<ihlt• 111a111wr. and lht•n• is no mon• art employl'tl or 216 0.1!-.PICIAL GAZETTE ---·---- · - - - - - - tl1011jtht of in thi..; opl'l'ation than tlH'n• is in cuUinJ! off the superllnous 1•1ub of tlw hlc)('k \dth a saw. ··Tht• impodc•r furtlwr (•laims that lhp . ..;1• h•tkrs an• not chbelcd, hc•(•aus1• tlw u"(' of a (•hi><c·I in linishing up the angl1•s is relativC'ly unimportant: but thi..; eontc•ntion also would :o.('t'lll to!)(' beside the poi11t. [ f h,\" plaeing n highl'I" duty upou WO()(\ that has hrc>n 'chisl'l1•1I' tlu- h1wmnkl'rs intl'rnil'C! to lax tlw opt•rntion of chist•lingtlw 11wrP u . ..;1• of a d1i;;t•l-tlwn it i>< of no avail to nrg(' tlmt tlwn• j,., hut a littlt• chj,w\ing involn•d. 1-'uch, hom•n•r. dot•s not appear to han• h1•1•11 tlw inlt•ution. Indt•t•d. in \'i1•\\' of tlw foct that almost no mmh•ru fnruitun" not c•\·1•11 tlw chc•apt•st, <>an be> fitted togetlwr \\"ithont tlw \\>'<' of <I C'hi:-.cl or it>' e(p1irnlent, it would he> absurd lo "o hoM. if not tlw operation thut nwrit.<; tht• highC'r duty it is tht>11 tiw <•ffc>ct proclm·<'d h.\· d1i . ..:1•ling thnt it dutiable. '''l'lw \\·onl 'chisp\' j,. d1•fi1wd lty \\'C'bstC'r ns follows: '('his1•\: To <'Ht. pan., goug1'. or t•ngnn"<' with a chisel; ns. to ehisl'i a block of marh\1• into n statuC'.' ''Tiw 1•fl'1·1·t aimrd at hy ('ongrps-; i:-; ('\'iti<•nt\,\· th<' !lame a,,; that illustrntPd in tlw dPfiuition. and analogous to inlnying, \'(>ll('t>ring, aml <·aning. i. ('., omnnwntntion. 1f tlw C"his<>ling is appliC"d for tlw purpo,.;<' of on1auwntation. d(•cm·ation. or nrt dil'cctly, as in furnitun'. or imlin•dly. a" in a \\·oodent. tlwn tlw article b chiH•lt•d within tlw nH'anin:.t of tht• law. This t,\·p1• hPing nt>itllt'l' can·1•d nor d1i>wlt•(l 111•1•ordinµ- to thb inh·qH"l'lntion. lhC' classific1lticm rt•tunwd \1·11,. i11corn•t't. "l'rnfrst :\o. 2:rn.i. on tlw gro11nds ahO\'(' nwntitmP<l. is thf'rt>fol't' ,.n.,laill('(i and a n·furn\ onll'n'd to tlw impo1·t1•r in tlu· s11m of $1-l-.82, l'uited :-:.t.1l(•s l'lll'l't'ncy. n..;iµ-11(•(\) 11. B. McCoy .. ·\<'ting ( 'ol\t>dor of ('11,.toms fur tht• Philippi1w lslnnd.-.." H. B. '.\lcCoY, .\di11y ('ull<dor o/ ('11sloms for the l'lrilippi1w hrl(//1d.~. '.\L\~ILA, Pchnw1·y !!, /!!01. 'l'o '111 ('olfrrtor.~ of ('11.~/{1111.~: Tlw followinl! is lwn·hy puh]i,..fll'tl for thP information a11tl g-uid· aut•t• of all 1·011l't•nw1I: "!11 tlw nmltt•r of l'rolt·.~t :\o. 2;1.i.:~. lilt•(\ .\ug-11,.;l ;), 1!)0:1. hy tlw '.\li1·hill'L 1:a,.,p1•r .. l:nrnt ( 'ompan~'. Li111it1·d, aµ-aiust tlw d('(~ision of tlH' ('olh•('tor of ('uslom" for tlw Philippi1w lsla111ls, acting a;; ('olh•dor of ('u,.tom" for tlw port of '.\lanila, as to tlH' ralt• and amount of (l11t,\· ('har; .. wahll' on <·(•rtaiu HH'rehandisl' d(•scrih1•d in ('lltr,\' :\o. 12iliH. \"OUl'IH'r :'\o. :JHl:i. pai1I :\11gust :1, l!!O:!. "Th(• l'laim in this 1•a,.;1• b agaithl tlu• <"las,.,ili(•ation of a ;.:as (•ugiJU'. (\.nrnnw. awl ha,.1• nml<•r parngr11ph 2:i0 of tlw Tariff H1•\·j,.io11 La\\' of \!UI\ at )!i,j pt'l' J()O kilo-. .. in,.,b•a<I of tlu• 1•11gi1u• nnd haM' lllHl(•r para).!rnph 24:1 at $J..i0 ]J('r JOO kilo" and tlw (lymuno n111l1•\' parnµ-rnph 2.iO, a" 1•11tt•n•(l. "lloth tlw g<h motor aml dynamo an· of sta1uh1nl typ('s, nmnufaC'tl11'1>d h,1· ,,·1·1l·known 1·011(·(•n1s. Tlu·y 1\1•n• imported fol' opera· tiou in (lin•C"t (·onnrction "·ith t';n·h otllt'I', tlll' illl."(' for tlw t>ngim• b1•ing- 1•\ongatr(\ and hol1'·" provi(il•d for bolting down Ow dynamo, and arc> l·omnwn·ially known a.; n ·g1•1wrating s1•t.' "ll,\'namos 11n• sjlt'l'ilically l'nnnwrnf<>d umlt•r paragraph 250, and ga.~ (•ngi1w-. 01· motor-; und1•r paragraph 24:1. l 'nlcss, tlwrPfon', tlw t \\"O mal'hin(·~ may ht• ronsid1•n•d as an l'ntirC't,\' tlwy must he 1·];1-.,.ilir>d ac·c•onling to tlwir 1·1•s\WC"ti,·1· c•imrnet.Pristics. ":-:.t1•11m c•ngi1ws with dil'C'l't 1·onurctNI dynamos art' g<'1wrnll~· so 1·n11.~trnC"tt'(\ that tlwy C"an not ht• M'g'l'C'g"lltC'd, thr <'llgim·.~ not !wing nvailahll' for ll>'t' with oth1•r tlrnn the clymuuo." for which tlwy art• i11t1•11d(•(I. aH<l \'i<·1• \"('J'"a. In .-.ul'h <'a"" tlwy urny vrr~· proprrl~, he ('on-;i(\('l"C'(i as compo,.it(• mnc·hi111·"· for wlll'n so con!ltruckd their id1•11tity and usr are mc>rg-('(l. In this casP, however, there were two srparat(' umc·hinr!l, "flCC"ifically pro\'id('d for, which may brand, it "''f'llls, art' \wing u~1·d otlwr than in connection with one another; ancl. though primal'ily tlwy nm,\' IHn·p brrn purchas<'d and imporl('d together and for w;e in connection with each other, still tlwir i1l1·ntit,\' a,., ,.,eparalt• machi1ws ha,,; not hecn mrrg<'d. The l'ngi1w i ... not a part 1w1· sc of tilt' d~·m1mo ( "'"c Tal'iff Decision Cir<·ular!'> :\o-;, :JI I nud :~28): it may hi' used for any otlwl' suitable pm"JHN' \1·hih• th1• 1lynamo nmy h1• usl'd equally well with any other ... uitahh· t>llgirw or poWt'I'. "But. t•n•n ('Onsi(h•riug thr d_nuuuo and motor iu question as one Hl!H•hi1w, it i-; \\"I'll spttll'd that if completed articles forming a (•01111nodity nm,\· lw l"eadily S<'parated, and if when so sepamted they arP liahlC' to diff('l't•nt rntf's of duty. raeh should !)(> cl11ssificd accordiug to its t'harncteristics, t>ven though the commodity may be in\'oi<·t•d as au t'11tin•t.''· (In re Crow!Py. 55 Fed. Rep., 283.) "Pmtt'"t :\o. 234:J is tlwl't•fort' <iusfained, und a refund is ordered in tlw .-;11111 of $:l::!.f;,;, l'nitl'd 8tates cmTellC,\'· (8if.,'1led) H. B. '.\ii{ 'o,\" .. \C"ting l'ollt•dor of l'ustoms for the Philippine Islands.'' H. Il. .'.\IcCoY, lr·li11y ('o/frclor of ('us/oms for tltc Philippine Islands. :\o. :1;:;.-NJi1w poli11l1<·1-.~ 11uw11f11ct11rcd of 1cool. '.\IA:"l'll,A, /t'cb1·ua1·y II, 190,'I. To all f'olfn·/ors of ('irn/()11111: Tlw following i-. lwn•by pnhlish<•d for the information and gni1i<m<·1• of all conc1•nwd: "In th<' nmttl'J' of Prott•st Xn. :!16!J, liled May 22, 1!)03. Ii,\· :\](•ssrs. '.\lmphy. :\forris & Co .. against the (\ecision of the ('oll1•1•tor of Customs for thC' Philippine l!llnnds, acting as Collt•dor qf I '11.-.toms for tlw port of '.\fnnila, as to the rate and amount of (luty l0 harg-1•11hlt• on <'<'rtuin mcrchandisl' described in Entry :\o. fi81i:!, \'ouC"lwr Xo. ltiH44. puicl May 20, 1903. "'l'lw 1•laim iu this cast• is agninst the rlassification of certain ,.[uw polis\lt'r .... as ·manufiwturPs of lratht>r not othrrwise pl'ovided for,' nndt•r p11rnµ-nq1h :!:!!I of the Tariff Revi!lion Law of 1901, at $0.UO 1wr kilo, in-;tpad of 'hi1les tnm\C'd with the hail' on,' tmdt>r paragraph ::!l:i. at $0. IO p1•r kilo, or as 'mnnufactnrf's of common wood.' n1H!1•r paragraph l!lii. at $fl prr JOO kilos. "'l'IH" hody of tlw sh()(• polislwrs nmll'r discussion is compose1l of ('OllJltlon WIHHI. marhinl' slmpecl, similur in form to an ordinary h1·i..,t11• shot• hrnsh. lnsl1•a1l of hristll's in this t"asc a piece of t.nuwd siwl'pskin with tlH' wool on is rut out thr identical shape of and tac·k1•d to tl11• woodt•n part, th<' C'tlge \wing supported by 11 uarro\\· -.trip of hhu·k tt•xtilr similar to oilcloth. "'l'lw app1·11iM·r in t'lassifying th('.-;t• go()(].<; ns lrutlwr disregarded tlw fiu·l that lt•atlll'r is usually ('OllsillerNI as tlw skin or hide of un ani111nl whil'h has ht'l'll tamw1l. btwNI, or frt>atrd for HSI', nml from whit•h tlw hair has h('(•n rrmon·d. 80 long a!l these opnations l'('tlmin nnp1•rfornwd. tlll' <·ovl'rings of animals 1\1'1' not popularly and 1·011mwreiall~, kuown a.-; h·ather bnt are known ns hides and skin.,, "'In <·omnwn·ii1l am! popular usage, lealhrr d(X'S not inclml<' -.kins dn•-.s1>tl with tlw hair 01· fur on; such skins nn• usnnllv disti11guish1>(\ h,\' eompnnnding thC> word skin \l'ilh tlw 1mnw 1:f the auimal from which th1·y an• taken.' (Century Dictionary and ('y(•lo1wdia.) From this it is C'\'id1•nt that no leather enters into the making of tlH' shoe polishers in 11111>stion, and henc<' tlw appra.isrr was in 1•1Tor. and his elas'iiliea1 ion must he disrrµ-ardC'd. "llidC'-. arC' not. (•nmnwrcially sprnking, known a;; skin!l, nor an• ,.kin" knmrn as hidr;l. (Trrnslll'y Decision No. 18i39, G. A. 40:i2, :irnl otlwr,;.) 8\w('pskins can not therC'for<' be classified as hid('s. nor l'an tlw,\· hf' 11ssimilntNI to hidC'!l undf'I' rule Ill, which prm'i(lrs for nssimilatiou whC'rt' artiC'l('s urr similar in material. qnnlity. tl'xtur<' or tlw use to which th<',\' may hr npplied, and i-; not npp!il'11hll' unlcs!l thl'rc is !limilarit~· in at lra..-..t one of thes<' fom· l'hnrnctC'ri..-..tiC"s. Drrssrd slwrp;;kins with tlw wool on al'e not ;;imilar to hidrs tannrd with th(' hair on, in either matf'l'ial, C]llitlit~·. tPxt11rc>. or tlw use to which th<'y may be appliecl, and rule \.j <'llll not tll('r<'fol'<' be invoked. OF.FICIAL GAZETTE 217 ''llut. ma,\' th(' poli.;ll('r1' then ()(' <'iassified as 'manufoctun'!I of wool'? Doe;o. th<' fiu·t thut thl' wool is still nttnchcd to th(' sheepskin make it nny l('."iS wool for tariff purpO!!esY ''\\'ool is d<'fhwd as th<' 'Jin<', soft, <'Uri.'' hair which fol'm!I tlw llt>e<'e or fl('{'I'." ('()at of tht• sh('('p and somC' other animals, ns thf' goat nml nlpnca. in filwness 11pp1'01whing fur,' and 11m.'· he on or off th(' animal. Tlw s1•paratin11 of th<' hair from tlw skin of tlw sheep is not 11 lle<'e.;snry operation for tlw hair of tll('se animals to.be· ('()lllf' popular!~· 111111 1•0111111errilllly known 11s wool. Tr('asnrr Oecision ~o. li90i and df'eisions lwr<' eitl'ci-and 21764, whif'11 pro\'id('s rnlf's nnd rf'gnlntions for tlw ussf'ssnwnt of duty on sheepskins imported with tlw wool 011-provid<' that the \Vool ~!mil he classified mHl<'r its rf'sp1·1·tiv<' pnral!1·aph am\ tlw skius passed fr<'t> of duty. "In Treasury U<'l•ision Xo. ~lili4 il \\'/ls lwl1l lhnt rngs of sheepskins with tlw \\·on] on ,,·c·n· 1lutiahk a:< 111111mfod11r<'s wholl.'' or in part of wool. 'Tlw goods iu 1plt'stion 111·1· mat . .;; or I'll/:!" made of dn•.;;s('(\ .;;kin:< with tlw wool on. :-:nm<' of lhr nmf"i nre made of one skin trimmf'tl to tlw prop1'r slmp1>, whil<' in other cnses Sf'Yf'ral skins ar<' '<f'\n•1I tog<'tlll'r. Tht' wool ha.; lll'<'ll dresst>d am! in ><omt• inst1H\C'('S dy1'(l. "' "' • "'Paragraph 392 Jll'O\'hk<; for ··n1! 111111111fal'lmw; of l'V1•ry elf'sc•riplion mad<' wholly or in part nf wool." In th(' mut . .; urnlrr l'ono;id.\ttonwy-O<'nNal of thf' Philippine Islands with request that ><Hit. in tlw 1J;1111<' of tlw Government of the Philippinr Islands, he• ('OJl\11\f'll<'f'll tJWl'l'On. PAil. 111. Philippint' t'Ustom1' offiel'I'.<; shnll give due puhlh·ity to th<' trnn:< of this circular. H. R McCoy, :1ctil19 Collrclor of Customs for the l'hilippine J.~lanrfs. Xo. i.R:t--Hp<'cfol a,r1<'11ts, d1tlics and autlw1:if.1J of. MANILA, fr'ebrnar!J 10, l!J04. To 111/ Uolfcdm·.<; of C11.<1fom.<;; PAHAr;llAl'll I. Tht• following rl'gulntions governing the work of spt•<'ial a,µ:(•Jlls nf th<' Philippi1w Customs Hervice are promulgated for Uu• information of all t·u:<toms rmploy<'es: PAn. II. 1-'prcial ag-i·nl>< an· appoint1•d undC'r th<' law for the purpost' of makinit 1•xarninatjo11 of llw hooks, papers, and accounts of c·oll<'clol's arul otlwr ntlict•rs of tlw customs, and arc to bf- cmplo,\'1•d gt•ll('J"ally in tlw JH'CHntion and dPtrction of frauds on the t•us\oms n•n•mu•. aud !-.Uch oth1•r sprcinl duty as !IHI)' be assigned tlH'm by tl11• ('olll'etor of Customs for Ow Philippine Jslancls; and while• l'ngng"t•d in thr p..rfornrnncr> of tlwir official duties are emeration ·wool fa tlw pr('(/omiwoif ,·f1•111('11I /10/lt in q111111til!J r111t/ pow1·1·1·el. without furthl·r authority than that conveyed in their value. It is mmN•r;;sary to d1•tl'nni1w wlwtlwr Uw tr<'ntm<'nt to duly autlwnti(•at1•cl rn•clt•ntials l'stah\ishing their official status, tb l'Xa111i1u- all or auy olli<'i11l papc•rs mid records in the possession of 1•11,;tmus officials; and whill' so engaged the coiipcration and assist111H·1• of the• lntt1•r is <'njoin<'d and will he 1·xprctcd. l'All. 111. Hpf'f'ial agents 1•ngagl·d in investigation of frauds or atfrmpted frauds upon tlw <iov1•rnmcnt, misconduct on the part of a l'U-;t01ns oflic<'I', irr<'gularitics of uny character, or c1uestionable an examination of the samplf' .~nhmittf'cl shows that it is of lrss prn<'lfrf's whieh 11ff<'ct th<' n•wnll<'. arc empowered to administer Yalue than <'ither the skin or tlw wool. oath" to witm•ss<'<; and to rail upon eustoms employees and others which tl1f' wool hns h<'<"n suj<'ch•(l hrinl!s it within th<' rafrgory of mannfactnn•d arlidt•s. Th(• mal itsf'lf i" ,1 <•omplt'led manufar· tured article, and as it is maelt> iu part of wool, it was propf'rl.'· classified under parngTaph :J!l2.' "From th~ abo\'P d<>cision it i.., to IM· notrcl Uml wool on ."ill('t•pskins is of mort> n1luc tlrnn tlll' skin;;, _.\<; to th<' eommon wood. "It will he noted that pal'llgl'llph Inti clot•:< not pro\'iclf' for fur statc>nwnts. Wl'itten or oral, rf'lating to the particular matters 'wool manufacturf'd' hut for ·n11111nfoC't11n•s of wool'-thnt is, 1111d('I' inn•stigation. 'manufactures in chif'f ndw• of wool'-"o that following tllt' ru](' in the LTniteel Stntes. it is c·lf'ar that thf'"f' poli:<IJ('rs shouM haw been returned umll'r paragraph Hifi, ai; :ti ])('I' C'rnt acl nilon•m. "Protest No. 2169, on the grounds mentiom•d ahoY<', is tllf'r<'fon• sustained, and n refund ord('\'f'd to thf' importl'r in tlw sum of l(l8.08, l'nitcd Htatf's e\ll'l'f'n<'y. IRignrd) II. n. ).[('C'oy, Aeting Collector of Customs for tlw Philippinf' Is]al}(ls." H. R. ).ld_'oY. . 4-cting Cullcctor of Ctt.~/om.~ for tlw Philippi»<' Tslrwds. Ct:S'fOMS All'.\ll:"IS1'HA'fl\'E CIRC'CLAH);. ~o. 282. 7'o alt CollectorN of CttNtums: PARAGRAPH 1. 'fh(' followinµ: periocls of till)(' shall ht• allowNI on export bonds within which f'xportf'rs of uwrchandisc shnll fih· landing: certifil·ates as eYidenc<' thnt the merchandise exported br them has been landed in a for<'ign port. as proYicic·d by law: ThP Cnited f.;tates (Atlantk 1·011st and e•ast of ~lississippi Rinr) The United Stah•s (Pacific coast anel west of :\lississippi :.ronths. l'An. IV. 8p1·cial, d<'laih·cl. and partial ex11minatiom1 will b1• 111ac\1• hy "Jll'C'ial aµ:cnts of tht' routinf' customs busint>ss as often as eiremustanc(•s ma~· rf'quir<', und for the purpose of ascertaining whctlH'r tlw custom'! busine.;;s is prop<'rly conducted and the public mmwr.-; arf' duly acrountPd for, collPctors and otlwr officers of the e•ustoms will at all times »Ubmit their books, papers, and accounts to the• ins1wction of sp<'rial Hg'.l'llts. Any unwillingness on the part of a customs olliC'ial to promptly comply with the foregoing shall lw i11t1U('(lialc\y r<'porlccl to this ollicc . l'An. V. Special agrnts will not intcrfcn• with the regular transaction of customs lmsiness by the local ollicers, but arc expectf'd to t·oiipf'rat<' with and supplemf'nt the labors and vigilance of such offiel'rs. 8ueh frauds, almses, irregularities, 01· other defects disrm·1·rcd by SJlC'<'ial agents as al'e capable of being dealt with by the l0<•al customs oflicns shall b<' immediately brought to their notice, and till' l'<'slllt of such action embodied in reports of special agf'nts to bt• .... 11bmitt1·d to this oflicf'. SJH'cial ag1•11ts are not pPrmitted to gh·1· out for puhlication information rC"lating to official business, nud this rnh• will lw strictly ohsel'\'cd by all agents and their ... ubordinatl's. PAii. VI. To th<' end that uniformity may be attained and th<' routiu<> customs busiiwss throughout the Islands conductrrl in such a ma1111er as may bl'st subscrve the interests of the service, all collectors arr instruct(•d to ;o.f'I' that their scvernl subordinate Rivn) European ports Asiatic ports Hongkong 4 1•111ployces lwcomf' familiar with tlw tnms of this circular. Special 4 ag('!Jts an· rl'g-ardl'd as the personal rf'prescntativrs of the Insular 4 t'olh•ctor, am\ th1• tnw object of tlwir work is well illustrated bv ;o.tating that tllt'y arc considerecl the "f'yes and ears" of the servic~. All other ports of the world. l'AR. II. Lpon tlw Pxpirntio11 of a11 export bond the exporter shall. be callt•d upon to pay tlw amount spcf'ificd therein, uml upon his 1·<'f11~al to do so the bond shall ])(' forwarded lo the 15419-2 PAR. VII. Due· pnblieity :<hnll ill' giwn to the terms of this eil'('U]HI'. H. Il. McCOY, Acting Uolleclor of Customs for t1w Philippine Islands, 218 OFFICIAL GAZETTE No. 284.-Publishing the United States laws in respect to nc11trality. MANILA, P'cbruary 15, 1901,. To aU Collectors of Customs: PARAGRAPH L The following United States laws in respect to neutrality ilrc hereby published for the information and guidance of all conccrnl'd: ··EvNy citizen of the Cnitcd 8tatc.'s Lor of the Philippine Islands 1 who, within Urn territory or jurisdiction thereof, accepts nnd E"Xcrciscs i~ commission to s<•nc •I foreign pl"incc, sbdc, colony, distl'ict, or pl'opl<', in war, by land or by sea, against any prince, state, colony, district, or pcoplr, with whom the United Stutes arc at pence, shall be d<'cmcd guilty of a high mistlrmeanor, and shall be fined not morl' than $2.000 and i!llpdsoncd not more than three years. ( R. S., 5281.) "Every person who, within the territory or jurisdiction of the Cnited States, enlists or enters himself, or hires or retains another person to enli!;t or enter himsl'rf, or to go hl'yond tlw limits or jurisdiction of the Cnitl'd 8tates with intent lo be enlisted or entered in thC' srrvicc of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letlt•r of marque, Ol' privateer, shall be deemed guilty of high misdemeanor, and shall be fined not more than $1,000 and imprisoned not more than thn•e years. (ll. S., 5282.) .. E\·ery pC'rson who, within the limits of the Cnited Slates, fits out and arms, or attempts to fit out and arm, or prncurcs to be fitted out and armed, or knowingly is concernC'd in the furnishing, fitting out, or arming, of any vessel, with intent that such vessel shall be employed in the senice of any foreign prince, or state, or of any colony, district, or people, to cruise or commit hostilities agai,nst the subjects, citizens, or property of any foreign prince or state, or of nny colony, district, or people, with whom the United Htutes arc at ]ll'acc, or who issues or delivers a commission within the territory or jurisdiction of the Vnited States, for any vessel, to the intent that she may be so employed, shall be deemed guilty of a high misdemeanor, and shall be tined not more than $10,000, and imprisoned not morC' than three years. And cnry such vcssl'I, with her tackle, apparel, and furniture, together with all mate· rials, arms, ammunition, und stores, which may have been procured for the building uncl equipment thereof, shitll be forfeited, one-half to the use of the informer and the other half to the use of the Cnited States. ( R. S., 5283.) "Ewry citizen of the Cnited States Lor of the Philippine Islands] who, without the limits thereof, fits out and arms, or attempts to fit out and urm, or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing, fitting out, or arming any private Ve!>sel of wur, or privateer, with intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States {or of the Philippine Islands], or Uwir property, or who takes the command of or enters on board of any such vessel for such intent, or who purchases any interest in any such vessel, with a ViC'W to share in the profits thereof, shall be deemed guilty of a high misdemanor, and fined not more than $10,000 and imprisoned not more than ten years. An<l the trial for .;;uch offense, ii committed without the limits of the United States, shall be in the district in which the offender shall he ap· prehcnded or first brought. ( R. R., 5284.) "Every pPrson who, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the fon·c of any ship of war, cruiser, or other armed vessel, which, itt thC' time of her arrival within the United States, was a ship of war, or cruisn, or annC'd vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to thr subjects or eitizl'ns of any such prince or state, colony, district, or people, the sam(' being at war with any _foreign prince or state, or of any colony, district, or people, with whom the "Cnited StutC's Ill'<' at peace, by adding to the number of the gnns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicabll' to war, shall he deemed guilty of a high misdemeanor, and shall be fined not more than $1,000 and be imprisoned not morl' than one y<'ar. (R. S., 5285.) "E\•<'ry person who, witliin t)l(' territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for any military expt•dition or enterprise, to be carried on from thC'm'<' against the tC'rritory or dominions of any foreign princC' or state, or of any l'Olony, distJ"ict, or people with whom the United States arc at peace, shall be deemed guilty of a high misdemeanor, and shall bl' fi1wcl not exceeding $3,000 and imprisoned not more than thn•e years. ( R. S., 5286.) "The district comt shall take cognizance of. all complaints by \\·homso1•\0 C'l" in»tituted in en1>es of captures made within the waters of lhe United 8tatt·s or with a marine league of the coasts or shon•s thcl'l•Of, In en•n· C'as1• in which a vessel is fitted out and arnwd, or att1•mptt•d t~ h1• fitted out an<l armed, or in which tht• forl'e of :m~· vessel of war, cruiser, or other armed vessel is incn•nsC'il or augmented, or in which any military expedition or l'llt1•rprisl' is begun or .;et on foot contrary to the provisions and prohibilionH of this ti lie (R. S., 5281-5291), and in 1•\·1·r~· l'HSl' of the eapture of a wsse) within the jurisdiction 1;r protet·lion of the l1nit(•c\ States as before defined, and in every 1•:1"(' in whieh an~· JlrOl"Ps.~ i-;suing out of any court of the United Statt--. i.., di:-.obcyC'd 01· r1·~i>.t.ed by any person having the custody of all.\ \·cssrl of war. l'l'Uiser, or other armed \·cssel of any fon•ign prim·1• or stall', or of any colony, district, or people, or of any ,.,ubjt•<·1s or citizens of any foreign prince or state, or of auy eolony, !li><tril'l. or people, it shall be lawful for the President, 01· such otlwr person as lw shall have empowered for that purpose, to !'mploy such part of lhC' land or naval forces of the United States. or of tht• militia tlH'rcof, for the purpose of taking pos,_.,..,.;sion of and detaining an~· sueh vessel, with her prizes, if any, in order lo the C'Xl'l'lllion of the prohibitions and penalties of thi~ titll'. :rncl to the rt'storing of such prizes in the cases in whit>h rC'storation shall be adjudged; and also for the purpose of JH'C\·cnting the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any (·olony, dii;trict, or pC'oplc with whom the United St·tes are at peace. (It S., 5287.) "It slrnll he lawful for the President, or such person as he shall 1•mpowPr for that purpose. lo employ snch part of the land or na\•al fo1·l·es of thP United States. or of the militia thereof, as sh;tll be nPcessary to l'Omprl any foreign \"Cssel to depart the UniU•d States in all <':l~cs in which, by the laws of nations or the trcati<'s of the l'nit1•d St..atC's, she ought not to remain within thr United States. (R. S., 5288.) "The owners or consignees of every armed vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the \·alue of the vessel am! cargo on boa'rd, including her armament, l'onditioned that the \·l'ssel shall not be employed by such ownl'rs to cruise or commit hostilities against the subjects, citiZl'ns. or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. ( R. s., 5289.) "The several collccton; of t.he customs shall detain any vessel manifrstly built for warlike purposes. and about to depart the Uni led States {including the Philippine Islands}, the enrgo of which principally C'onsists of arms and munitions of war, when the number of nH•n shipped on hoard. or other circumstance~. render it prnhahle that ;;uch vessrl is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or OFFICIAL GAZETTE 219 - - - - - - - - ----------- - -~----------------------- - prop•nty of any foreign prince or stntC', or of any colony, distriC't. or 11t•ople with whom the United State's arc at peace, until the Jed,;ion of the l'rr-;idt•nl h had thereon, or until the ow1wr gives suc·h bond awl sec1uity as is required of the owners of armed \'csiwb by llw preceding section. (ll. S., 5290.) "The provisions of this Lille (R. S., 5::!81-5291) shall not be eoustnwd to cxfrnd to any subject or citizen of any foreign prince, statr, colony, tlistricl, or people who is transiently within the L:nit<'d States, and enlists or enters himself on board of any ves· s1•l of war. il'ttN of marque. or pri\·atccr which at the time of its urrirnl within th(' United Stutes was fitted and equipped as su<'h. or hires or rl'taius another ;;nbjcct or citizen of the same forl'ign prince. state. colony. district, or people, who is transiently within the United State;;, to cnhst or enter himself to serve such foreign prince', ,.lute. colony, district, 01· people on board such vessel of war. leltcr of marque>, or privateer, if the United States shall then be at peace with such forc>ign prince. ~tate, colony, district, or people. Xor sh;tll they be construed to prevent the pro;;ecution or punishment of trl'ason, or of any piracy defined by the laws of the United States. (R. S., 5291.)" PAR. ll. In regard to \·c;:oscl;; of war entering these ports for the purpost> of procuring Hlpplic;; 01· making repairs, it has been the polic~· of tlw United States freely to permit the sale of provisions to· belligc>rents, but to prohibit the sale of more coal than is absolutely nrerssary to Wkr the vessel to the nrarest port which is under its national flag, am! not to so coal any one such vessel a "econd time within tlnee months, unless a visit to ~l port under its llng has intcn·enrd. In other words, a belligerent war nssel nmst not be pcrmitt<>d to make our ports bases of operation against its l'nemy. Cntil furthN noticl' this policy shall be enforced by t·ollct•tors of. customs. P.rn. III. Du<' publfrity shall be given to tlu· terms of this cir<'lliat. H.B. McCOY, ..lcti11g Collcctur of Custom.~ for the l'kilipvi.nc Islands. l!AXILA Ct:STO~[-llOL'SE GE~O:ltAI. onm:us. Xo. 64.-Proriding fur the remission of storage c1w.rgcs of less than 'Pl, Philippine currc'flcy, on consignments of merchandise in the yenerul order stores and v11rccl department, . MAXILA, Jo'ebr11My 6, 1904. Xo storage which has accrued on any single consignment or parcel shall be cull<'cted at th<' port of Manila on merchandise in the g1•1wrnl order stores or parcel department when such storage amounts to Jpss than 'f"l, Philippine currcney. H. B. :McCoy, .lcli119 Gulke/or of Cu.~toms fo1· the l'l~ilippine Islands. ~o. 65.-Providing fur the examination of all mail packages arriving at J/aniln from foreign ports, addressed to po1·ts or places i11 the J'hili/J]Jill{' 1.~1<111ds othl'r than ports of e11lry, al the vort of Mmiilll. J.L\xJLA, Februa1·y 2.9, 1904. l'A!tAGUAPll I. llen•aftl'r all mail packages ani\'ing at the port of Manila from foreign port;; and a<ldrcssrd to ports or place,; in the Philippine Jslands other than port!5 of entry shall be examined at the port of Manila to detcl'minc whether they contain <lutiabh· merchandise. PAlt. JI. Should such lll<lil packages C"Ontnin dutiable merchandise regulal' entry shall be made therefor :iml the packages forwarded to tlw pol't of uddr('ss with stutenwnt of amount due thC'reon, in the sam1• manner a,; now prevails in cases of package,; fonrnrdc>d to JH'O\'iJH·inl po.~t·officcs for l'Ollection of duties found lo be due. PAn. III. Mail packages arri\'ing ~tt the port of Manila from fo1·('ign ports addressed to othc·r ports of entry in the Philippine Islands shall be stamped "Supposed to contain dutiable merchandise" by the customs 1•xaminrr at the post-office, and shall be forwarded to tlwir address without examination at Manila. H.B. McCoy, Aeling Collector of Customs for the Philippine Islands. APPOINTMENTS. By the Honorable Ci\'il Go\'ernor. JJureari of Justice. 11011. John C. Sweeney, judge of first instance, Manila, March 4. Hl04. Philippine.~ Constabulary. Uapt. C. D. Lovejoy. P. C., in charge of the Oriente Hotel, Murch j, Provinces. llATANGAS. .fohn \V. Grny, member of the tax revision board, March 6. Pedro Marifio. mrmbPr of the tax revision board, March 4. Cu~'o Alonso. pro\·incial fisC"a! of Isabela, temporary transfer to TugU<'garno. J.Iareh 7. c;,\\'lT};, .\rt.h111· S. E1111•JJ'. prO\·incial treasurer, March 2. ISA BELA. \'ieenlc> Xcpomu<"eno, pro\'incial fiscal of Cagayan, temporary tram;fcr to 1sabcla. Frbrmll'y 29. U:YTK Oliver D. Fillc>y, provincial supervisor, February 20. Hofio Alandy, provincial fisc•al, J\Iarch 3. NL'E\'A VIZCAYA. Louis G. Knight. provincial gO\·ernor, February 30 . 1\luuuel K(~sou, provincial fiscal, March 3. ZA;\CBALES. ,John W. Fcnier. supeniso1·-treasurer, March 2. B;\· the PhiliJJpine Ch·il Sen•ice Board. Executive Dcpwrtment. EXECUTJ\'i': llUREAU. Carl RPmington, chief of lcgislatfre dfrision, :February l, $2,000; prnmotion from clerk, class 6. .\rthnr K .. Jones, chief of document division, February 1, $2,000; promotion from class 6. Charil':-. A. Brinkley, clerk, FPbrnary l, $1,800; promotion from clas;; 7. Albert Uill<'spiP, clerk, Febrnary 16, $900; probational appoint· llll'llt. (',A. Bl'llSOIL, drrk. F<•brnary I, $1.600; promotion from class 8. LPOlll'io L. E-.pino. dc>rk. February 1, $840; promotion from (']a,;,.; C. m:m;,\l; 01'' 'l'Jlt: lXSl'LAll l'Ul!CIIASING AGF.::-0.T. Francis 11. Garrett, disbursing olliccr and cashier, February 13, $2,250; promotion from clerk, class 5. 220 OFFICIAL GAZETTE Sinklc>r Britt. m1khman, Februar,y 2l?, $720; probational ap]>0iut11wnt. llNllH\11 X1'C'l,Y. l'il'rk. '.\lareh I. $l.:!OO; tn111,,fer from c•lnk, class HI. B111·1•a11 of ('u,,toms. :\llwrt Ellis. eurral fon•umn. l•'t•bruar,v 14, $1.:WO; promotion from ll•;11l1-.ll•r. ('L\s,; (', ll.n1i1•l l"1•;.,:-111Hlo. 1·]1•rk. :\fan·h :!. $:!60; prolmtional appointHH'H\. Hidrnrcl ll;rng-. hlul'ksmith. l•'l•hnmr;r Ii, $1.080; n·instatPment. l.\1l'lW\'t;'.\U::'>"T OF TIU: l'Oll'I' 01'' '.\!AXIi.A. L. D. Shuman. tri111-<ilmall, F<'hnrnry Hi. $1,400: trnusf1•r from Bun•:111 of Eug-in('c>rinJ.!. l'lllLll'l'l;>;E l'l\"IL Sl:IfflCE llOA!lll. Frank (', Thompson, <'h·rk, F<•hruary I, $1.200; trnnsfer from tc•achC'r, elas,.; !I. H111·1•an of E'hwalion. CC'org<' ~nttingN, ell'rk. Fl'hruary 17. $1.200; prnbational np· pointm(•nl. /Jt'/)(trtmrnt of the Interior. Hl"llL\l" IW Pnll,Je 11~:,\L'l'll. \\'i\lilllll Tltolll]''"''m. t·lc•rk. ~'t·l,r1mr,v l, $1.200; promotion f1·0111 (•]ass 10. :\lamwl Lo1wz. <·h•rk. l•\•bnt;ir,v I. $·Hl0; prnmotiou from ('lass II. Vnnawlo B:irtolonH·. dt•rk. l•'phruary 1.1. $240; promotion from na .... ,, K. Homan J,.tnn•a1io. C'\Prk. Ft•bruary li"1. $:!40: promotion from l'\a..;s K. l11•nry I•'. Wibon. 1"11·1·k. l"1·hnmr,\' IO. $1.:!00; prnmotion from {']ass.\. '.\lalt•o {;1wrrNo. 1·h·rk. F1•hrnary \ti. $7:!0; prnn10tion from $600. Pablo '.\loroiia. d1•rk. l•'t•hrnary Iii, $aoo: probational ;1ppoinl· lrH'Ul. Willard II. Yoakem, a ....... btant ins1wdor. Fl'hrnar,\' Hi. $1.:!00; tra11 ... f1•r from 1·l1•rk. dn~..; !I. .Jow de•] ('a..;tillo. d1•rk. l"1,h1·n,1ry \(i. $1.:!00: prnmotion from C'J.1..,.., A. :\Ir..;. ('ornt•lia :\I. liNlil'gon. elt•rk. Ft•hruary 10. $7:!0: pro111otion from $000. 1;.!mH·io 'l\·1· ... nn. drrk. Fc•hnmry Iii. $4:!0: prnnwtiou from $:mo . . \nania" Beotia, rnu;..:n. i"Phnmry l:i. ::;;mo; probational appointIHC'llt. C'alixto ('N•ilio. rnn;..:c•r, .\lan·lt ], :t;:!OO: prolmtional 11ppoi11tnwnt. Tt•rn\orn 1 ... nr. ranw•r. :\lan·h I. :t;:!OO: probational a1ipointm<'nt. . JtN' :\I. 8isou. s(•coml-l·ln..;s ohs1•n·1•r, Octohl'l' iO. l!lo;I, :t;:mo: promotion from third-class oh.wrn•r, $180. Dr. )lt•rton L. :\lillcr, c•thnolo1.d'"'t, ,Ja11m1r,v I. $:!.-1-00: trall..,fl'r from Exposition Boar!\. Ro111a11 :\lt•rcado, jr .. 1lraftsmun, l"l'hruar.Y 1.1, $4:10: prolmtional appointnwnt. Dr. ::\laximiliun ll1•rzog, pathologist. l"Pbruar,v 4. $2,2ii0: pl'O· hational appointment. Charil's :\Iartin, photographer, Januur:.- I, $1.4110: pro111otio11 from class !J. .Julian Bernal. assistant storekrep••r, March I, *:mo: promoliou from Clas,; .T. l'lllLll'l'l!'iE Cl\"11. HOSPITAL. \Villi1u11 .J. 8tagPn. attl'ndant, .Jununr:-.• J, $720; promotion from :j:-600. William E. Brown, attendant, January I, $720; promotion from *t)OO. Tlwrcsa l.-:ricksN1, nurse, FPbruary 16, $720; probational np· pointment. PParll'tta Clark, nurse, ,January 7, $720; transfer from San Lazaro Hospital. Albprt Steinrnuf. altPndnnt, February 4, $600; probational ap· pointml'nt. /Jepartmt'nt of Commerce and Police. El<>utnio 8antos, clerk, l"<"brnary l, $480; transfer from mail carrier, Class I<"'. ll. G. Garcia, elerk, l<"'ebnuu·y I, $480; transfor from mail carrirr, Class F. W. G. Musters, Assist.ant Director of Posts, February 16, $3,250; promotion from post-offic<' inspector, class 4. Nemf'sio Ibarra, lettn canier, February 19, $300; transfer from clnk, $180, Hurrau of l'uhli(' Health. \\'. L. Safford. cll'l·k, Frbruury I, $1,600; promotion from rlnss 8. Apolonio .Jamius, lPttl'I' canif'r, Februo.ry 26, $:lOO; transfer from C'lrrk. (']ass ,J, Burcnu of Customs. llnrrr Gray, <·lel'k, :\larch a, $!JOO; probational appointment. (iregorio Gm•''!ll'll, clerk, .March :1, $180; probational appoint· mrnt. ,Jo,.,\'jlh .J. Capmro. t·lerk, l<'ebruary !), $900; probational ap· j)Oilllllll'l\l. Wilison Buchanan, wagon mastl'r, ,J1unutry I, $800; promotion from t1•1rn1sh•r, $7:!0. 111/KEAU <W l'RISONS, Frank :\lc·Dani1•1. gnurd. l"Pbrnury 18, $000; probational ap· pc1int11wnt. :l.ach L. nihson. guard. l•'pbrunry I~, $!.100; probational appointllll'Ut. SilHrio ,<..;, \· ... on, guard, l•'rlmmry 15, $240; probational ap· 1mintnwnt. -hu•oh 11. :\lilln, guard, )larch 4, $900; probational appoint· mc•nl. Ha111011 dt• Vala, gn1ml. :\lareh :J, 240; probational appointment. lltJRt;Au m· COAS'r (llJAR[) A:\'11 TRANSPORTATION. Frc•dNiek Sin]('ock, l'i1•rk, .Janunr.v l, $1,UOO; promotion from dass 8. I>. C. Fi»lwr, ('l<•rk, FPbruury 6, $1.400; pl'omotion from class 9, .\ntouio .\rru, a..;sistant overseer, March I, $1,080; changed from $:! pt•r dny, including 8unduys . E.' .\. Stinespring, ovrrscer, J\Iuy 2:J, !003, $1,200; promotion from assistant m·prsrer, $1.020. II. B1•1•ks, Jirst olliccr of ('Utt.>r, 1'"'l•brnal'y 27, $900; promotion from "''(·om! o!Jic(')', at $720. .Jo,;(> Claida. assistant st<ll'l'kl'l'(JPI', February 24, $180; pl'oba· tional appointnwnt. IH\HEAU OF ~;:'\"Gl.:-;~;EBl~G. 11. U. SantPn, transitrnan, ,January 27, $1.400; transfer from imprm·1·11wnts in B1·ng11f't, class {i. \\" . .:"IL KamlagP, clerk, February 13. $1,200: transfer from l•'orPstry Burt•an, class 9. :\lartin V. :\!organ. rodman. 1''Phr1111ry 8, $900: transfer from 1>0Jic·1· l>1·1mrtmrnt. ./. F. 1~1hrnrds, :'If. D., physician and :-;urgeon, Pagbilao-Atimonan Hoa!\. Ft•\n·mu·,v 17. $1.800: trnn,..fN from dcrk, clas<> 9, Police llrpartment. K B. Dobbs. survPyor, l"Phruar.'· I. $1.800: transfer from im· provrnwnts in Benguet. OFFICIAL GAZETTE 221 \\". A. :\fillet, derk. :\!arch I, $1,200: probiltionul uppointml'nt. /J('/1Grl111ci1t of Fi1wmx and Juslirc. D. L. Twomy, ('\erk. :\larch 1. $1.400; promotion from eluss !J. P .. J. \"anden Broeck, clC'rk, February!), $1.200; trnnsfcr from ollin• of pro\·i1winl trcusurn. l.<>yfr. .Jnnw,; B. P1•at, t·lrrk, Ft>hrniny :l, $1.200: prolmtional appointm1·nt. \\". A. Hmit.h. ('\t>rk. Fl'hrnury ii, $1.200; pmhutionul appoint11\Plll. Edward \\". ()'Jhiru. elNk, Ft•hrnary 15, $1.200; probational appointment. Ricardo de (knmpu. l·lt•rk. F1•br1iury t:J, $:JOO; prnhational appointment. Frank ('. n,·Ja1wy. 1·lrrk, Ff"linrnr:.· :W. $1,1100; probational appointment. Agupito tit' l.t>ou. J.!UUn!. H1>plt'lllht•r H. 1002. $240: prnhntionul appointment. F'l·1mci:-;r."o Hiwrn. guo1nl. 8t'pt1•Jl1hf'l" !I, l!JOi, $240; probational appointment. :\lariano Eneurnal·ion. ;{U!lnl. Dl'et•mber 7. 1!102, $240: probational appointnwnt. }.larcelo BrionC',;. guanl, F1•brnar:.• 2ti, I !)0:1, $240; prnlmtional nppointment. Antouio narl'iu. guard. J\1uy 4. l!lml. $240: prohntional appointment. · Hoquf' )fiulurn.,g-uurd. May 4, l!JO;l, $240; prnlmlional appointment. Huymundo Burgo,;, g11ar1I, J\lay 4. rnoa. *240: prohalionul appoint111ent. .Josi;"' llugal'in. g1m1·1I. Xo\·t>mh1'r Iii. l~JO:J. $240: prolmtion:il appointment. Eriberto .J. :\lanzano. guard, .J111111a1·y i. $240: prohational ap· pointment. Epifanio Alfaforn, g-nard .. Januar:.· 2. $240; prohalio1111l t1ppoint· ment. Teodoro H<>ye,,;, g-mnd. Felirnary 4. $:!40; prnhational appointment. Agupito '-1n<larnng. guard, .January l:!, $240: probational ap· pointmrnt. ,f. K. Brubo. !-.lorl'kPl']IC'I'. .Jnnuar~r l. $900; n'clm·tion from ,;lon•kt'epc•1', $1,000. . Jumunio Bauti>-ta, ,;torl'k1•1'Jll'r .. Janunry l. $900: rl'cluction from $1.000. Silverio 8abello11, g11incl. Xon•mher };), l!J0:-1. $180; probational appointment. Delfin Loprz, ;{Uarcl, FC'br111n·:.• I. $240: prolmtiona\ appointnwnt. Vicente Egti1·11. guarcl. FPlmrnry l:t $:.NO: probational appointlllt'nt. Ino1•ente .l;n'il'I'. guard. VPhrnary J. $240: prnhalional appointnwnt. c:aLino dl' Jo,; 8antos. guard, 81'plt'm11C'r :!:!. 1 !J(J:I. $240: promotion from clerk. $180. Putri('k Bl"O!-.nmn. lt·amstcr. FPhruary Ii. $7:W: prohational appointment. William H. HC'mh•rlong. IJla(·hinisl. :\lan·h 1. $J,;j;it); promotion from $1.200. <~uirieo Albano. clPrk. March 1. $:lOO; pl"omotion from $288. l'l'h•r Fitzpalril'k. whl't•lwright. i\Ian·h l, $1.000: probational appointment. t><-varl111('1lt of Public Jn.~lructi011. William K .\lorl', <·li·rk. F<·hrnary 11. $1,400; promotion from (·lm;>i!I. Holland Uanhwr. tead1C'r, FPIH·mu·y 17, $1,200; trnnsfer from nuH·hinist. eln!-.:-; !I. D<>partml'nt of Engim•1•ring and Public \\"orks. Thomas .J<•nking,,, ll'~H'il<'l'. J<'t•bn1a1)· IO, $1.400; trnnsfer from ehil t'uginel'r. eJa,;s 8, Burc>au of ~oast Guard and Transportation. :\. 11. Putnl'}', l·lel"k, F(•\Jnrnry II. $I,400; probational nppointlllC'lll. Hurry Bor,1.,r:-;tadt, l<'iu·IU'r. Fl'hruary 5, $1.200; probational ap· poiutull'nf. l'<'ylon ('artl'r. lNwhcr. l"l'bnrnry ;;, $1,200; probational appointment. l•'rank ('. Thompson, teadier. February ii, $1,200; probational nppointuwnt. .John J~aumg11rcl1wr. lrat·lwr. Febnrnry 5, $1,000; probational appoint1111•11t. .Janws C. Browu, teaclwr. l<'ebrnary ;), $1,000; probational apJmint1111•11l. ,Johu .\. Bri<'n. tPuel1l'l', l<'c•hrnary 10, $1.000; probational uppointnwut. Hon1t·1-" fl. llernhl, fradH'r, FelJ1"1mr:.· IO, $I,OOO; probational appoi11t1111'J1t. \"prnon I>. <:ih,.;on. t<'U('lwr, l<'ebruary :). $!100; probational appoi11t1111•11t. .-\clam (', D1·1·kun, tPachN, J<'1•b1·uary 5, $900; probational appoint1111•nt. <'arl B. Crnhir<><>. tl'nl'lwr. l<'<•hrnary 5, $900; probational ap1mintm1•nt. llany \\". Hrown, tt'n(·lll'r. J•\•hrnary ;), $900; pl'obationul appoinlnwnt. L. I'. \\'illis. teiu·lwr. l•'l'hrunry ii, $000; prnbutional appoint· ll\C'lll. t'l111rll'-; A. Wehsh•r, fradl('r, l<'1•hnmry 5, $900; prnbntional o.p11oint1111•11l. E1lgar H. TnrwalPr. ll'1wlu•r, February 5, $1100; probational ap· 11ointnwnl. F. ~I. Thompson. tl'al'ht>1-, Ff'hnmry :), $900; probational ap· pointnwul. l'lark B. Dil•kin:-;on. t1•1u·l1t•r, Febrnnry 5, $fl00; probational appointm1•11t. 'l'l'odon' :\lulln, teal·\l('r. l<'l'bnrnry ii, $900; probational appoiut1111•nt. E11g1•1w II. Bahun, tl':u·h~·r. Fehrnary 5. $1100; prnhntionnl ap11ointnwnl . .Tolm G<'nq . .:-hty. tl'Hl'hl'r. l<'l'brnary ;). $900; prohationul appointlllt'lll. Lot D. Loekwood, tl'ar•her, l<'l'brunry IO. $900; probational appointment. .ram<'" A. :\l<>Gnflin. ll'aChf'l', FPhruary 10, $000; probational ~1ppoint11wnl. Jo:sthC'r Pr1•y Boonwr. ti-aclwr. February 18. $900; probational appointnwnt. ll<'nry Fishl'r. cll•rk. di\·i,;ion supNintC'ndcnt of Cngaynn, :\farch I. $!100: prnlmlional appointuwnt. ('aroli1w D. Stt•\"t•n.-;, tt•;u•lwr, Fl'hnrnr:.· 11. $1.000; probational ;1ppointnwnt . . John S. Pott<>r, tt-n<'lwr. F1•hr11ary li, $1,000; probational nppointnwnt. William T. Yanghan. tl'aclwr, Fl'bruu:.· 17, $1,000; probational appointment. Thoma,; f'nl'P}' \\'rlrh. tf"aC'hl'r. Fl'hrunr:.· Ii. $1.000: probational Hppointm1•11l. Chrndr .\I. :\Jli-;on. tParlwr. Febrnary I7. $!!00: probationnl appointmC>nt. 222 OFFICIAL GAZETTE James W. Boycl', t<•aclwr, Fc>bnrn.r~' 17, $!100; prnhntionul appointnwnt. ~:dwanl CL Curmm, tPachr-r. F(•h1·mll')' Ii. $!l00; probational appointmC'nt. Barlll'Y \\', Firlds. tMehc>r. Fl'hrunr_v Ii, $!JOO; prnbational uppointuwnt. Anthony .J. ,Jonlun, kaclwr. L•'<'hrnar~· l i, $900; probational appointnwut. .\!11111 H. Trippill. t(•;H"lwr, F1>brnary Ii, $!100: prohntionul np· pointnwnt. Washington .\. \'. \VilTl'll. fr;u·lwr. 1"1·bruury Ii. $L200; prolnltional appointmrnt. Carl I•'. ll.avcr. t1•nclwr, l<'<'bru1try 17, $HOO: probational appointnwnt. Elcuterio Xagtalon, apprPnlil'l', F1•bruar.r lG, $0.40; promotion from class 6. ,Justo G<'r6nimo, upprentic1', February JG, $0.40; promotion from class 6. Owen Duff~', craftsman instructor, .FC'brual'_\' I. $1,600: prnbationul appointment. Harold l\I. Wade, stenographl'r·typewritn, l\farch l, $1,200: promotion from clt>rk and typewritl'r, class IO . .\Iariano Velasco. craftsman in bindery, .\larch I, 'P':l.50; promo tion from 'P':l.25. Aquilino d(' la Cruz. craftsman in bindery, l\Iarch I. P:t50; promotion from P:l.25. . Tose dt•l Pozo Riwrn. ernftsnurn in bindery, .\lnn·h 1. Pa.50; promotion from 'P':l.25. lloman Lizardo, craftsman in hindC'ry, .\Inrch I, P-:~; promotion from P-2.i~i. Gregorio Lopt>z, ernftsman in hindC'ry, .\larch I. P3: promotion from 'P'2.i5. Plticido Gucmra, junior compositor, March I, 'P'2.25; promotion from 'P'2. l'<>dro rl1• (j;1Jicia, junior bookbinder, .\[nrch I, P--2.25; promotion from 'f"i. Sinfornsn :\a\·1•. junior hookbimh•r. .\larch I. P-2.25; promotion from P2. J)pogra1·ias 8(•n•no. junior bookbinril'l" . .\larch I. P'l.75; promo· tion from PLiO. .Tuan A. Sald1lt•a. junior miu·hinist. 'March I, 'P2.50; promotion from Pi.i;i. .\lanwrto J.ontoc·. junior pr<>:;sman, .\lart·h I, Pi.50; promotion lro1111"i. .Juan (ioy1•1wdw11, <•opyholcll'r ( 8panish), March l, :PZ.50; prnmotion from P:!. Honifn<"io ('ahrNll. junior 1•11tter, March 1, P'2; promotion from -f"l.i5. T<'odoro \'izl'arrn. junior c·utt1•1-, Mardi 1, 'Pl.i5; promotion from P-1.:!5. .\ndn•,., Batan. junior photo1mgraver, l\1ard1 I. P2; promotion rrn111 1"1.:iO. ('or1wlio :\lam11.vn1·. appn•nti<><>. March l. $0.40; promotion from (•\n-;,.,.j_ Tilnm·io lnd11<·il. app1·1•11ti(·1'. ::\lnn·h I. $0.:m; promotion from .\ntonio Tag-ul:w. apprenti1•(', .Man·h I. $0.30; prnmotion from Cnnwlio :-->au .Tosi•, junior compositor. Mardi l, PZ.50; proba· tional appointnwnt . ./nan .\lanr.011. j1minr eompositor, :!\larch 1. 'P'2.50; prnbational Hj)[H)intnwnl. E't><l'hio 1l1•l l{mmrio. junior 1·ompositor, l\Iun·h I, P'2.50; pro· lmtional 11ppoint1u<>11l. F1111slino :\ieonwd1•s, ,Juuior compositor, ".\farch I. 'P'I.75; pro,lose Abraham, crnftsmnn in bindery, )larch I, 'P'2.50; promo· li;1tional appoint11w11L tion from P2.25. OFl-'lCl.\J, GAZETTE. Gen•asio Cariiio, craftsman in bindery, .\Inrch 1, P2.50; promotion from P-2.25. Silvestre Legaspi, craftsman in bindery, March I, P2.50; pro· motion from :PZ.25. Jose Enriques, craftsman in hindl'r~', ).larch I, !"2.25: promo· tion from 'P'2. Pedro Lool'luis, craftsman in bindery, ".\larch I, !"2.25; promo tion from !"2. Honornto drl Pozo Rivera. craftsman in bind('l'y, March I. P2.25; promotion from t"2. Jose Zamora, craftsman in hindny, ".\Jarch l. ¥'2.2!): prnmotion from P--2. Fortunato Abad, craftsman in bindC'ry, ::\larch I, 'P'2; prnmotion from P-l.7;i, Ladislno Rodrigul.'z. craftsman in bindery, March I, 'P'l.75; pro· motion from 'Pl.50. Weneeslno Crespo, junior compositor, )larch I, P:J.50; prnmotion from 1"3.25. . \l('jandl'O de ,Jesus. jnnior compositor, ".\larch I, -fJ':l.50; promo· tion from P'3.25. Patricio Villanuern. junior compositor. '.\larch I, P3.50; promotion from 'P'3.25. Pedrn Alfonso, junior compositor . .\lurch I, 'P'3.25: promotion from !"3. Pedro Zapanta. junior compositor, ".\larch I, Pa.25; promotion from 'P':l. Ponciano Buenan•ntura, junior compositor, March I, Pa; pro· motion from P'2.75. 8antiago Limbo, junior compositor, l\Iurch I, P-3; promotion from P'2.i5. L1•opoldo 8oriano, junior ('Olllpositor, March I, 'P'2.7;i: promolion from P2.50. Enµ:rn1·io Trinidacl, c·lnk. F('bruary li, $240; reinstatement. lll"llEAl' OF AllCllITECT!;RE, Edwanl I'. lfo_yd. ar1·hitec·turnl clrnftsman, Fl.'bnrnry 9, $1,400; 1n-olmlional appointment. Byron Stl'\'Cns. t'IP<"trical 1•ngincl'l', Fl'brnary 9, $1.200; proJ,ational appointnwnL \\'illia111 I'. \\'illiams. nw<•hanicnl· <>ngineer, J.'C'bruary I, $1,400; prornolion frolll $1.200. lllJl!EAl; OJ>' ,JC.S'rICt;. ./al'oh ".\l('irowitz. ,.\t•nogrnplwr. attorney-general for Constabulary. Jo'C'bnmry Li. $1.fiOO: tr:rnsfl'r from Court of First Instance, '.\lanila. A111·11 B. BurkhohlC'I", (•Jerk. ,January I. $1,600; promotion from 1·lass 8. Fr1111k H. .\Jillos. intPrpl'<'il'r at large, February I, $1.200; pro· haticnrnl appointnwn\ . Fnrndsc·o Alfonso. ('opyist. Court of First Instance. Sixth Distril'I .. Ja1111a1·y \, Jf;:!-tO; n•(ludion from assistant 1·ll'rk, $360. .\la11111•l 1:arri11. t·opyist. Su]ll'C'lllf' ('onrt., Janm1ry 1. $420; proliatic111al appointuwnt. Vra11e·i~1·0 Jo:-;pina. dNk. Court of First Instance. 8eventh Judi· <·inl Di.-.tri('t. l"t•bnrnry !:!, $ii0; promotion from chief clerk, Sixth Di-;tril't. $ii0. l•'ra1wi-;1•0 Alfonso. 1•lc•rk. l'ourt of First lnstan<"e, l•'ifteenth Distri1·l, ;\lan·h 1. $ii00: promotion ancl transfl'r from Sixth Judicial Di>.tri(·t. $240. COUllT O~' J.A~D Rl:GISTllATIO:\', l'e1lrn ( 'uh•ro, junior t_vpP\\Tifrr. Ft•bruar.\' 11, $420; probational appointnwnt. OFFICIAI, GAZETTE 223 City of JfanUa. DEl'AKTllE:.iT OF ENGINF.ERINO AND PUBLIC WORKS. G('()l'ge W. Cooper, teum11trr, Februtlry 16, $720; prohn.tional appointment. }'ny T. Nichols, rngincering drnfbmmn, February 4, $1,400; p1·ohi1tionnl appointment. ,John P. Roloson, carp(mtl'r, l~ebruary 23, $900; probational appointmrnt. l\fanri<·c D. S<·lmmfl'ld. t<'am11tcr. lo't•bruary 22, $i20; probational 11ppointment. Thonrn11 D. Rla<'kmon. tl'nmster, l~ebruary 20, $720; reinstate· ment. Ju11tus Rishmuller, mnstl't. stPnm11hip Pluto, March 1, $1,200: probational appointment. .John Wilso1!. m•crseer. Uarch I, $1,200; probational appoint· ment .. Patricio Arcimu.;, launch patron. March 1, $360; probn.tional . appointnwnt. Thomas G. \\"hitesidr, teamster, March I, $840; promotion from $720. Charles Reim, tcamrder, :\Jarch I, $720: reinstatement. l'OLICE DEPART.U.EN'l'. Richard O'Donnell, patrolman, first class, ,January It, $!100: probational appointment. Harry E. Gos11, patrolman, first chu1s, Ft•brunry I, $900: pro· bntional nppointmcnt. \\'alter Peterson, patrolm1111, l'it ... t clas11, F<'brnaQ' I, $900; pro· hntional nppointment. Zena O. Long, patrohm111, first class, 1''cbruary 2, $900; proba· tional appointment. William A. Alther, patrolman, first clm1s, February 4, $900; probational 11ppointmcnt. 1':dmun11 Quinl11nd, patrolman, first class. February 11, $000'; probational appointment. Fred D. Smith, patrolman, first elasl'I, February 4, $000: pro· hntional appointment. Antonio Monte Alegrr, patrolman, third clul'ls, Februm·y 2, $240; probational appointment. • Tuan Vl'edor. patrolman, srcond cla1111, Fehrunr~· I, $412; pro· motion from p11trolnm11, third class, $330. J, P. Wabion, c!Prk, Frhrunry 4, $1100; ptohiltionul appoint· ment. Wnde Perkins, patrolman. fir~t clniu.;. February 16, $000; pro· lmtional appointment. Marcelo Vnleneiu, patrolman. third clnss, February 24. $240; probational appointment. James B. Hadley, patrolman, first clnsto:, February 23, $900; probational appointment. Gregorio Parra, patrolman, third ch1ss, February 5, $240; reinstatement. Adriano Bnynni, patrolman, second class, February 1, $450; promotion from third class. Zacarias Villnf.l. patrolman, sPconcl cla1u1, February I, $412; promotion from third class. Benjamin P. Lukens, clerk, February 1, $1,600; promotion from elas!'I 8. Charles E .• Tones, patrolman, first clns11, February 25, $900: transfer from chPeker, $000, Insular Cold Storage and Ice Plant. :llnnnrl Robledo, patrolman, sel'ond elas11, Felmmry ], $412; promotion from patrolman, third class, $330. J.<'on ffantn Agueda, patrolman, sl'cond «'lass, FP.bruary J. $375; promotion from third clnss, $300. William G. Ml''llillian. patrolmnn, first clnss, Febrnnry 26, $000; probational appointment. Honoria Hernandez, patrolman, third elasft, February 27, $240: probational appointment. EngPnio Oiestro, patrolman, third class, February 27, $240; probntional appointment. Saturnino MarquinP.s, patrolman, third class, February 27, $240; probntionnl appointment. LAW D£PA.RTME!<ii"T. Jnnws .\. Mueurdcll, clerk, January 1, $1,400; promotion from class 9. Antonio Jimenez, clerk, January 22, $900; transfer from office of pro\•ilwiul ttl'asun•r of Isabela, $1,000. Dimas C11rmelo, clerk, February 1, $288; promotion from $240. FIRE DEPARTllENT. 1"11•\"l'ro Abella, l'l1ginccr, second class, February IO, $480; pro· motion from $240. ,John n. Desmond, clerk, JanuaQ· 1, $1,500; promotion from cl11s,. 8. Charles Kaiser, l'llginecr, fin;t l'lnM, February 26, $1,200: pro· b1\tion11I appointmPnt . Richard :M. GilbN·t, liremnn. lir11t class, !\larch 2, $900; J>rO· lmtional 11ppointml'nt. ll11rp<'r H. Hen. fireman, fir11t clai1s. March 2, $000; probational 11ppointmr11t. 'l'hom1111 K Henry, fircnmn, fit11t 1·lass, March 3, $900; prohi\· tional appointml'l1t. XatlmniPI T. Sanford, firi•man. first class, l\larch 2, $900; pro· lmtional appointment. .Jaml's H. \\'clch, ffr<'1mm. first class, l\larch 2, $900; proha· tionnl appointment. 8crgio 'f«'jico, cle1·k, Fci1ru11ry 20, $:mo: ptohiltiom1I n.ppoint· ment. Provinces. ANTIQUE. ~··t·lix • .\guihu·, fort•nurn, OctobPr I, 190:J, $180; probational ap· pmntmrnt. DATANGAS. Luciano Tmm,rn, cl<'rk, lo'rbruary 15, P240; 1n·oh11tional appoint· mcnt. Amndro Condl'z, clrrk, ,January 12, P.300; probational nppoint· nwnt • R1lfa<"I l'astor, el<'rk, 1''ehruary I, P300; probational appoint· mrnt. l•'nrncisco i\rgent1•, 1·lm•k, FPhruary I, P300; promotion from Class K, $120. 'llllriano lflll·11raig. d1·rk. Jl'cbruary I, P240; promotion from <'la11ii K, $!111. ('AllAYA:\', Uuy T. Sli111ghtr1·, t·hi1•f dPpnt.v. Odoht•r I. 1903, $1,200; promotion from $1100. Ct:DL". (~eronitno Baguio. 1"11!rk. DPcember 2, 190:1, $210; prolmtional 11ppointnw11t. Felix Alburo, <·Jerk, June :1, 1902. $240; promotion from $180. rr.011.0. Cm·n<'Iio lo'uentcs, elerk, February 1, POOO; promotion from $180. .Justo. Pncil11"11dor, d<'puty, Dec(,'mber 2, 1003, $180; tl"instate· llll'llt. ,Jacinto l'a111bro1wro. l'h•rk. l•'ehruar~· I, P600; promotion from Class J. Lucio Roclilhido. t·lerk. 1''ebrm1ry I. P480; promotion from l'l1t11s K, $180. Cornelio Fuentes, clerk. February I, P600; promotion from Class K, $180. ISABJo.:LA. l<'ernando Domingo, clerk, 1',ebruary 17, $180; reinstatement. 224 OFFICIAL GAZETTE lll'tber \·. BamlH·1w·r. <·lt•rk, l•'<•brnary Ii. !fil.200; lrnnsfrr from Paul Wnlri(·h. d1id 1•lnk and drpuly ln•asm·c·r, ,fannnry 21. $1.:.!00: promotion from $!100. ('ataliuo Santinµo. t"lt•rk, .Ja111111ry I. $:UlO; prnbalioual appoinlnwnt. '.\laximo ('ruz. 1•](•rk .• January ti. fJ':rno: prohntiom1l appointmenl. l.ort•nzo Es1111l'l'rn. c·IPrk all(! dl'puty. l>rl'1•111hc>r 2:.:!, l!JO:t $240; prnmotion from Class K. $180. \"i<'rntt' H. Oq.:-ilt>s, ell'rk and 1l1·1mt;-." Dl'<'l'mlwr 22, mo:~. $240; promotion from Class K. $1HO. Franeisl·o Ci1wo. t•ll'rk and tl<']lHly .• Ja111mr,v 4, $1HO; prolmtiom1l appoinlnwnt. f'rn·rino Yrnlr Flor, (·h·rk. IJ(•t·('m\)('r 2:!. WO:J. $1il0; probational appointnwnt. ('litfonl 11. Hpaulcling. gt>nPrnl for1·HHlll. Fc>\1r11:11)· I. $!JOO; prolmtionul appointnwnt. .Julio l'a1ij!ilinan. 1·lt>rk. :\lar('h I. P-HOO; lrnnsfl'l' from )ll'odnl'ial li~t'<li ollk<'. $:!40. ('rispo Ellu. 1·lc•rk. DPt·emb<'r I. 1!JO:J. $:!10; )Jl'Olllotion from ('lass K. $150. - - - - - - - - RESIGNATIONS. lll'ltEAl" OI•' ,Jt'STICE. Wm. ,J. BohdP. jwlg1" ('omt of First lnstun<·P. c·ity of :Manila. :\larch 4. .Juan dP la Prm·i<h•1wia. jnAic-1• of th<' Jll'U('I'. ('alolbon. ~lar<'h :!. :\larfano Pcrfl'(·lo, auxiliar.\' ju,.;tic-1• of thr p1•aec, Uuinohatun. :\lard1 :!. 11.0CO!i :-OOHTE. Abrah111n l'<'ralta. justi<·P of tlw pl'u«t'. Dingras. Mardi 7. :\luriuno Tamaning. ju,.;ti<'I' of tlic pr1H•c• . .\tagsingul. Mun·h 2. 0 Calixto tit' Luna, justic-1' of tlu> pr11.1•f', Pusnquin, Februal'y 20 . . Juan Hipin. justiet> of thr p1•11c<', Hantiago, l\lareh 3. Sq!undo H(•y1., ... j11slit·1• of the· JlC'llC<', ],umban . .February 20. .\l1•jamli'O .\h·ndoza. auxiliary justi1•c of the peact', Binalonan, .\lan·h 7. .\Iariano Onlofi(•z. justie1• of thr pca<'I', Villa;;is, Mal'ch 7. Holio ..\lamly. JH'o\·ilwinl liscul, February 27. Contents. l'ublk law><: No. 1072, amending Act No. 5, entltled "An Act for the establlahment and malntenanC'e o( an e!Hclent and hone11t civil service In the Phllipplne Islands," as amended. No. 1073, appro1)riatlng the sum or $126,800, In money of the United States, Crom the Congressional relief fund, for the con· struction and repair of roads and bridges In the Provinces or Laguna and Taynbas. :.::o. 1074, appropriating $17,000, In money of the United States, or so mu(·h thf'reof as may be necessary, from the Congressional relief fund, for the construC't\on and repair of a wagon road from Calamba to Bay by way of Los Bai\os, in the Province of Laguna. !';o. 1075, providing for a loan or P4,000, Phlllpplne currency, out of the Congressto111\I relief Cund, to the Province of Rizal. ~o. 1076, providlnit for a Joan of t>20,000, Phlllpplne currencY, to the Province of Ilo(·os Sur, PS,000 to the Province of Romblon, and !'6,000 to the Prov!nC'e of Abra, from the Congressional relief fund, for use ln the construC'tlou In said provinces of public schools of secondary Instruction. Exec·utive order: No. 12, announdng the persons elected to the office of provincial governor. lleclslons of the Supreme Court: The United States vs. Simon de Padua. Frandsco Gutierrez vs. James J. Peterson. Rarncl Enriquez vs. S. Watson & Co. et al. Bureau of Posts: General Order No. 6, relative to malling to the United States unsealed packages as gifts or souvenirs. Ilureau of Customs and Immigration: Tnrllf DPdslon ClrcularsNo. 371, wooden type: (1) carved or (2) chiseled. No. 372, gas engine and dynamo. No. 373, shoe pol!shers-manufactured or wool. Customs Administrative CircularsNo. 282, time allowed for filing of export bonds. No. 283, special agents, duties and authority of. No. 284, publishing the United States laws In respect to neutrality. :\h111ila Custom-House General OrdersNo. 64, providing for the remission of storage charges of less than Pl, Philippine currency, on consignments of merchan· dlse in the general order stores and parcel department. No. 65, providing for the examination or all mall packages ar· riving at Manila from foreign ports, addressed to ports or places In the Phtllpplne Islands other than ports of entry, at the port of Manila. Appointments: By the honorable Civil Governor. By the Philippine Civil Service Board. Resignations. ([[)~~iri Published b_Y authority of the ln:-;ular Government under and by virtue of Act No. 4S3 of the Philippine Commission. VoL. II )L\NILA, P. I., )J.\ HCH 23, 1$J04. No. 1~ I Xu. IOii.I A;\ M'T • ..\l'PIWl'Hl.\TIXI: TEX TllOl"!•U:\D IJOl~l..\HS. IX :uoxEr ()Jo' TllE l"XITEI> 1-'TATES. nm l:EXEH.\L l'l"H· l'OSEK TO BE IHl'Bl'HSED BY TllE ])ISIH"Woil\t; .\<:EXT 01" THE liO\"EHX~IEXT OF nrn 111111.ll'PIXE ISl~AXl>S AT \L\SlllXGTOX. l>ISTHH'T OF ('llf.l"llBI.\. /ly cwflwril.11 of tlw l'lli/f'(l .~/(l/rw. lw ii f'llftrlnt b!f lh•· Pliili1111i1I<' Cot11111iasio11, tliuf: X•:i'"f1ox I. Thl'l't' j,. ill'l't'hy appruprilllt'fl. uul. uf any funds in tlw Jnsuhu Tr1•as11r;v not otlwrwist• apprnpl"i11ted, tlw sum of il•u thonsantl 1lollins. in mom·y of lht• l"nitt•d Stnl1•,.;, to bt• tmnsfl•rr1·~l lo the Dbhursin!! .\g-1.mt of tlw t:o\·l'l"mm•ul. of tlw Philippi1w 1,... lands al \\\1shi;1µ:ton, Distl"kt of ('olumhfa. aml to In• hy him dislnn·,wd for tlw g<•1wrnl purpo,.t•,., of lh1• Jn,.,nhir (:m·1·1·11nu-11t. Funds dishur,..t••I in p111·,.,ua1w1• of this .\1•1 shall 111• drnrg1•1I hy tilt' Auditor for th1• Philippiiw lslnnds tn tlw appropriations of th1• prnpt•r Hur<'aus. anti till' fnud arnil<lhh· for tlw J)i.,.Jnu·sing ~\gPnt al W~1shini.,t1:011 shall ht• n1•1lili'd 11ith tlll' sum ... so 1·hargPd to tlw se1·<'rnl llun•irn,... so thnt th1· rum! shall h1~ a r1•in1!111rs11hl1~ and p<•r11n1111•11t Olli'. 8~:c. :?. ·nw puhlie gooc\ r1•1111iri11)! th1• ,..pr1·d~· 1•m11·t11w11t uf this hill. thr passagi• of tlw su1111• is ht•rt•hy 1•xp1•diti-d in 1UT01"clan1·1· with s1•1•tio11 two of ··.\n A<·t prt•st·rihing tht• onl1•r of p1·111•1•t\11n• hy tht> Conuuission in tlw 1•m1<·tnw11t of laws.'" pass1•tl St•ph•mlll'r tw<>ntv·sixth, nilll'tt'l'll hundred. SEr·. :l. Thb .\t't ,..hall t;1k1• c•ff1•1•t on its pnssagt'. En;u·t<•cl. :\hm·h S. l!I0-1. I Xo. llli8. I AX A('T f:l\.IXH TO ('Ol.HTS ()Jo' FlHST IXH'l'AXC'E .inns. DJ("l'IOX m·F.n ~\LI. OFl•'K:\'i•n:s :\L\])E Pl.Xl~llABLE BY ACT Xl':\IHEHED EWllT OF Tiii<: LEnI~LXJ'lVE nH'Xl'll. 01" THE llOHO l'JW\"l\'('Jo:. EX-TITLED .. AX ACT DEFIXJX(: 'l'IIE l'HJ.\IES 01" ~l..\\.E llOLDIXC .\XU sr •. \\.E Tll"X'l'IX<:. :\XI) PHJ.:S('HIBIX<; Tlrn Pt·x. ISH'.\IEX'I' TllEHEFOH.'' ll.111111flwrily of 1111· l'11itr·d Nf11/1w. flf· 11 1•1wr·1,.,1. li!J tlw l'l1ilip11i1w ('ommissim1, thal: 8t:t'1'1D:'I' 1. Courts of Jo"fr,..t l11st1ll1t'I' of tht• prnpt•r judil'ial tlis· ll"i1·ls an• lwn·h~· gi1·1•11 .i11ri,..(li1·tiu11 111 t1·y ancl ill'fl'l'111i111• all pros<'t•ulions for nffl'llSC'" ag:iin,.1 .\t·t \'11111h1·1·1•1I Eight of llw lt·gi"'lnti1·1· t'IHllU"il of lht• :\lorn Prol"i111·(•, 1•11tith•cl ".\n .\d dl'finin;.:tlw l'l'illH'!i of sh11·1· hohling 11ml >1la\'t• hunting ancl pr(•snihinJ! tlw punishuwnl lill'l'<'for." an~·thing in 1•xi,.ting law to tlw t'Oll· tra1".'· notwith,..\a11tling. All p1·os1•1·111ions for ofl'rns1•"' t·ommiltl'd 11mll'l" tho1t :\!'! slmll h1• institult•d 1111cl pro.ie1·11t1•d in tlw propn t'ourt... of First )11 ... tant·(• 0111;1-·: Pn1ri1/nf, lw1rr•r1·r. That tlw gin-· t•n1ur 01" "'1•1·rt•tary of a 1li,.trit•\ of tlw .\l.,ro l'l'ol"ilu·c• nwy c·o11tl11!'\ 156.-,..; prl'li1uinury ill\'1•stigalio11s of 11llt•!-,'l'd ofl'ensc>1 ug11i11>1i s11id Act Xumh1•1·1•cl Jo:ighl untl t•Xt•rC'is1• all lht• powt~rs of a jn~til'e of the ll<';t('(' in 1·cmtl1wting pn•limim1ry im·csliJrations mul<'I' the gt>IWrnl law"' of tlw Philippi1w lsluntls. H•;('. :?. 'l'lw pnhlii· 1-"mcl rl'1111iri11g thr :<pt•!'d>· t•11a1·tment of this hill. till' 11:1,.saw· of lht• sa1111• is lwr1•h;1-· t•xprditrd in 1w1·ord;111m~ with ..i•1·tio11 two of ".\11 .\f'I pn•sl·J·ihillJr th1• onl1•r of pnw1•d11rr hy tlll' ('m11111j,..,.jo11 in till' 1•no11·t•m·nt of laws." p11ss1>tl ~1•ph•mhcr tw1•11tr·,..ixtl1. uilwh·1·11 hmuh·<•tl. ~~:I'. :I. This Ad, shall lalw 1•ff1•1•l on ils p11ss11g-1•. Em1t·h•1I. .\hm·h !J, l!J0-1. I :\u. llli!J.1 .\\' .HT HEPJ•:ALl:\c; .\ l'OHTIOX OF .\I"!' \'l'llBEl-Um JW:llT lll'XDltEJ> .\XI> SE\'E:\. HEL.Yl'IXI: TO THE llFFl<'E OF l!El'llHTl.;J: OF TllE llE('ISIOXH or TllE :-:n•1rn:\IE ('Ol.HT .. \\'I> ('l!E..\Tl\'C: TJ-1.\T OFl•'l('E .\S .\X IXDEl'J·:XDK\"T oXK ETC' ... \XI> .UIEXl>lX<: SEC'· TIO:\' TlflHTY Of<" .\l'T \'l':\IBEHIW OXE lll.XDHEI> .\Xll TlllHTY-HIX IX HEl..\TIOX TO TllE APPOIXT· :\!EXT .\XD t-:.\1."\HY OF :\ HEPOHTER <W TllE DMCI· SIOXS OF TllE Sl.PHK~\IE conrr. U,11 (111/llf!ril!f of llu• l'ui/f'rl ,'l/1lltw. bt' ii r'111tdr•d b,11 tlir J>liilippim• ('ommissio11. tlwf: S1·:t"l"IOX I. 'J'hnt p01·tio11 of ,.t•diou om• of .:\ct Xu111be1·<•d Eight hnmlrt•tl aml Sl'\'t•n undl'r thC' suhheud of "Burran of .Justice," whirh 1·1•11ds as follows: "'J>rCJ1·idf'd, Tlmt the st•parnt<> ollice of n•pnrlt•r from th<• fil'~t dny of _\ngust. uinett•t•n huudrt>d and t 111·1·1" i:< lwrt·h~· aholislll'd. am\ tlrn 1l11li1•s pNtaiuinJ.r to said olli1·1· shall h1· p1·1·form<'d hr tlw (•Ink of tlw t'Ourt in adtlition to liis oth1•r 1l11lit•s as prul'idetl by haw." i.; h1•1·l'by repc11lcd. Stx. :!. S1•l'tio11 thil'tr of .\ct Xumlw.•r<'d 0111· humll'cd .rnd thil'ty· ,.:ix is lwn·h}· a1111•111lt·tl ..;o ns to 1·1•;11! as follows: ··s~:1·. :ai. N11•ur/1'/' of 1kcisim1.Y.-Tlw ('ii-ii Gon•ruor. with the ach·i1·c• aml t·onwul of tlw l'hilippi1w ('0111111issio11. slmll appoint a 1·1·p111"l1·r of tlll' cl1·<·isions of tlw Sup1·1•1111• Court, who shnll rcc<>il'r a ,..11\ary at 1111' l'illt! of four lhousantl l'hilippilw p1•so>1 pf'r year. pa~·ahlt• 1prnl'tt•1·!;1-·. upon tht• (•<•rtific11t1• of ;1 majol"it~· of th1• jntlges of till' 1·0111·t that lw Im:< pl'rform<'tl till' dutit•s of the oOh·e for the pn•t•1•11i11Jr 1111art1•r nml i:< 1•ntilll'll to Lill' ·1·ompcu:<atio11 herein prn1·ith•d. Till' 1·1•porll'r shall 1n·m·idl' his own ollit•t• 1·00111. t·lrl"ical :i ... :<ist:int.~. tmnslator . .,;, t.1·p1•w1·it1•rs. am! olher aids out of the ,.,11fo1',\· lwrc·in 111·0\·idt•tl.'' St:t·. :l. Tht• pnhli1· gootl 1·1•1111iring tlw spt•edy <>unctnwnt of this hill. 1111· pas .. ag1• nf tlw "'auw iii lwl't·by 1•xpl'tlill'd in ar1-ortlanel' with M'<·lion two of ".\11 .\t't pn.,·wrihing tlw ord<·r of pr1wrtlt1r<• hy th<> ('ommission in tlw c11;1d11wnt of law,.;," pa .. scd S1!pt<>mlwr t wt>ut~··sixth, 11inrl1•1•11 hnndrrd. St:t'. 4. This .\!'I shall tak11 1•1T1•r·I ;1s of ,fa11m1ry first. 11i1wh•t>11 l1nmh·l'd :1.11tl four. Emwlt•tl. llart·h !I. l!ltl-1. 226 OFJi'ICIAL GAZETTE JXo. 1080.I AX .-\CT ..:\'.\IEXIJJ:\(; SEl"l'IOXS T\\"O. TIJBEK ,\XD Fl\"E (Ji'' . .\CT :\L\JBEHED O:\'J•: TllOU-: .. \::\ll _.\);J) TIIIHTY. EXTlTLED ".\X .\CT CHE.\TI:\(: .-\X 110:\'0HAHY BlL\J-m OF C(>:\L\IJSSIOXEW'.'.i. ('0'.\ll'OSED OF FIFTY J•'ILIPIXOS OF l'lW:\11:\'EX<'E ..:\:\']) !WlT.-\TJOX. TO VIHIT nm UH-ISJ..\X • .\ Pl'IH'IL-\!-iE EXl'OSITIOX .\T S..:\l:\T L<H"lS .-\T GO\'EHX:\IE;\T EXl'EXSE." Commission. tlwt: SECTIO:>; I. 8l'dion two of Aet Xmuberrd 01\t' thousand and lhirty is lwreh~, anwn<led hy striking- out the \\·hole of said section nnd insC'rting in lic11 tlwrc>of tlu• following: "SEC :!. ·rhe Honorary Board of Conunissioners herein anlhorizc>d lo be appointed shall tnl\"cl in a body so far as practicable, aml the pC'l"iod lwlw<>cn till' dah• of their dcpnrtur<' from ~Iani\;1 for thC' L"nited Stale;; aucl th<' date of thcil' n·turn to ).fanihl shull not <'Xt'<'C'tl tin• months. The Civil Go\·1·l'llor shall fix the thtfr of tlH' dcpartmv of till' Boan!. TIH· Board shall lw ;H·t·omp:rniP(\ by. and bt• in c·h:u·w· of. the Ex<'cuth·c 8t>t·rl'tury for tht' Philippine> Islands as the represcntatin~ of tlw Philippine C:o\·1·rmu1•11t. who shall as such rPJH'C'S<'ntuti\·e urnkc all arrang1•mPnb for tra\·cl aml snbsistC'l\('t'. A S<'t'Olltl o!li1·ial of tlH' Philippine• (i<fft>l'lllllC'llt shall ht• clesiwmted by tlu· Cid! (;onrnor as the cli>-hm·sing olli<·t•r to disl111r.~(· tlw funds needed to pa,y the 1•xpt•nscs of the Boan!." St:c. :l. Section three of !:iaid Act XmnhPn•d One thousand am! thirty is hNC'hy :mwndC'd by striking out tlu> last s1•11kll('e Hncl inst'rting ii\ lieu lht>n•of the following: "The per dit'lllS of the Ex1•c11lin• 81•1·1·1•ta1y aml of the disbursing ullfrn shall be lixl'll by the Civil UoHl'llot·. l'(•rsons hol1linl! olllt·t' in the Philippine Islands who aec(•pt appointment or are tlt•tai\C'd for dut,y undt'l' the lC'rms of this Aet aml Yisit tlw Louisiana Purc:ha:sc Exposition in pur,;uanc(' lwreof. ,;hall he <lt•emed tlll'reby to ha\'e wain•d ;\II elaim for lean· of ahs1•11ce that may ha\'C acC'nwd to them under exi>iting laws both hC'rdofore ;\ll<l down to the tiulC' of tllC'ir rC'lllrn from the ,·isit to the l:11it1'<I Statrs prodclC'tl by this Act.·· SEC. :l. Section fh·e of :said ~\d. ~umbered One thousaml and thirt.'· is hel'C'by amended L1y adding at the end of the lirst :wntem·1• therrof tl1c following words: "and the ExeeutiY(' S1•C'rl'lan·." «o that thC' sai(l sentence >.hall n·ad: . "The Honorary Hoal'd of Conuuissio1wr"' shall not onlv ,.j,.jt Saint Louis, wlH're it ,.:hall spt'ud at lt'ast a month iu the ex.amination of th~ Expo.~ition. hut it »hall abn yj,.;il those prim·ipal eitie.~ of the United 8talC's whiC"h :;hall he agn•<'<l npon hy th<' t•xel'utiYe t'?llllllittee of the Board afl('J' co11fereuc1• with the l'hilippim· Exposition Hoard aud the Exccnti\·e 8ecretarv.'· 8EC. 4. Tlw public ,good re11uiring tlw >ij)('t';l,r t•JLaetmC'nt of thb hill. tlw pas,.,ag:e of the same i:s hereby 1·x1wditcd in owcordam·P with sC'ction two of "An Al't prescribing the onln of procedm·(• by the Commis»ion in the cua<"tment of law,;.'' passed SC'plcmher twenty-sixth. ninel(•en humlrC'd. SEC. 5. This Act shall lah effeet on its paso;age. Enadt•(I. ~[al'C·h IO. l!J0·1-. l No. 1081.] AX ACT A).lE:.\'DI:.\'(; ACT XL\CBERED J•'Olfl"Y-XJXE, PHOYIDIXG FOR TllE E8TABLIS1-BIEXT OF .-\ ('l\"IL <WV· EHX:\IEXT FOH TllE PROVIXCE UF BE\"l:CET .. \XIJ ,\CT ::\l"::'llBEHED 0:.\')1; TJJ()n.;.\~D AXD FOHTY-XIXE. ?.L\l.;:IX(; .\Pl'lWl'Hl.\TJOX:.; FOR SG:'.\'IJHY f·;XPE:.\'NES OF THE IXRljL.\H OOVl<:R~l\lEXT FOR Tim 1"1Nl'.:\L YE.\H E:\DI:\C .ll:XE THIH.'l'IE'l'll. :\IXETl•:E\" Ill'\"· IHUW .\\"]) FOt:B .. \XD UTllER l>E8J(;:.\'.\TED l'l•'.HJOllS. BY l'IW\'JJ)l\"C Tll.\T TllE DJsnnts1xn OFFIC'EH 01" ------------ - - - - - - - - - - - - - - - THE Cl\'IL HX\Tl'Al:IL)l AT BA<:l'IU, BE:.\'GUET. 8IL\LL A('T ,\!-; TRE.\:·wmm FOlt TllE PHOVI:SCE OF BE\"Gl'ET .\:.\')) BY 8THIKl\"C OCT THE PROVISIO:'.\' THAT Tl-IE C'LEHK OF ('L.\S8 Xl:.\'E OF THE Cl\'lL SAXlT..\RlC:\l HIL\LL BE A DI8l'EXSJ:.\'(; CLERIC JJy authority of tfw t;11itcd Sta/C8, be if f'l/(H'frr/. b.lf the Phili/Jpi11c Uo111mi.s8io11, that: SECTIOX I. 8eetion nine of .-\ct ~umbered Forty-nine. entitled ''An ~\(·t p1·0Yiding for tlw establishment of •a ciYil goYernment for the l'roYince of Bcnguel," is hereby amended so as to read ns follows: "81::c. !L lintil such lilllt' as a treasurer shall be 1lppointed for the ]ll'O\'incc the disbul'sing ollic:er of the CiYil Sanitarium at B;1guio. Benguet. shall act 11,; provincial treasul'er. subjeet to the provisions of ).,"l'neral law. The go\·Nnor shall audit the monthly account,.; of the sC'\'C'l'Ul townships and shall cause investigation to bt~ uuHh· shonlcl he lind' reason to belie\·1• that tlw finances of omy township al'e disho1wslly or n<'gligl'nlly a1lministC'rcd. Should suc-h i1westigation renal ground for aetion, hr shall cause prot·eedings lo he instituted against tht• offl'nding person or pe1·sons." 8t:c. 2. Section one of _-\ct Numben·d One thousand and forty· nine. entitled ".-\n Ac·t making appropriations for sundry expenses of the Insular Uownuuent for the li,.;('al year ending ,June thirtieth, ninetet•n hundred and four. arnl otll('r c\esignatcd 1wriods,'' is hereby amended h>• striking out the word "dispensing" in the third line of the first parugraph under the heading "Civil Sanitarium, Ilenguet,'' so that the paragraph shall read as follow:'l: ''t:i(/foric.~ and 1e<1ye8, Ci1;il ffrrnif(l.rium, Bc11g11el, nineteen hun· drcd l/11-d {011r: Ath•11cli11;.r Physician and Surgeon, at two thou,.,and four hundn·d dollars pm 1mnm11; om• ('!erk. class nine; one nu rs(' and housekecpl'l', Class ~\; one nurse, Class C; two employees, Clas!:i D, one being for thr<'t' months only; one t'mployee. Class F; one l'lllJlloyec, Class J; oue cmployt•e, at one hundred arnl <•ighty dollars per annum; three cmploy1'e:'l, at ninety-six dollar,; pt•r annum each; two Nllployef's, at sixty dollars per annum t'ach; for hire of em<'rgency laborers. not to excC'ed four hundred pesos; &ix thousaml pesos.'' 8~:l'. 3. The public good requiring the speedy enactment of this bill, the pas,;agc of the same is hereby expedited in aec:ordunee with section two of •·.\n Act pn•sc1·ibing the order of procedure by the Conuni,;sion in tht' enactment of laws.'' passed September twenty-sixth, ninetc<·n humlrC'd. S~:c. ~. This A('t shnll take 1'Jfed on its passage. Enacted. )fon•h 10. 1904. lXo. 1082. t .\:\ .-\CT ~\UTHOHIZIKG THE )JliSICJPAL BO.\RDS OF ASSESSORS JN THE PROVIXCE OF OCCIDEXT.-\L XE· mws TO HOLD THE .-\XNL-\J,, }JEETl:.\'G FOR THE YEAR :.\'I!\ETEEX HC~DRED AXD THREE \YITHIX SIXTY D.-\YS AFTER Tl-IE PASSAGE Ol? THIS ACT A~Y PROVJSlO:\" ]:\" EXIS'l'J::\(; LAW TO THE coxTRAnY ~OT\\T1'IfSTANDIXG. JJ.11 a11/horily of the Unilnl t:ilalc8, be it c1wcted by /hi' PhiliN>i1w Commi.~8io11. tlwl: SECTIOX I. The boards of as..;1•:.;:ors of tlu• !'('speclin• unmieipalilics of the ProYince of Oeeidl'nlnl Xcgro.s an• hen•b\' authori7.C'd to hohl, within sixty (lay,; aftt'l' the pa:<s;1ge of thi; Aet. the ;iunnal me1•tiug for l11t' ,\'t'<lr 11i11C'tee11 h11mln•1l a1Hl tlffl'I'. provided in ,_t•ction ,.,ixt~'·thn·e of !Iii' :\[unieipal Cm!1•. and to exerci::;e at s\1(']1 1n1•1•tinl! nll the power» nsll'(l in tlwrn hy the )funicipal Cotlc• a,; ;1meurh•(l. Hll,\' prm·i.~iuu in 1·:-;isti11g law to the ('01\trnn· notwil11slarnling. · St:c. :!. The p11hli(' guod n•tp1iriuµ th(• s1w(•dy t'lmdnwut of thi,; OFFICIAL GAZETTE 227 hill. th<' pm;sag<' of lhc same is hcrC'hy 1•xprdited in uccol'danc:e with sf'dion two of "An ~\(·t p1·1·scrihing the ordrr of proeC'dure hy th<' ('0111mission in tlw C'Jla(·lmt•nl of laws." pa;;sNl HPl,IP111her j,\\'t'nly-sixlh. ni1wtC'1·n l111ncln•il. St:c. :t This .h·t shall take rfff'<·t on it;; pussag1•. Enu<"t('(l, .\lai-eh 10. 1!104. r :\o. 108:1.] AX ACT .\l'PHOl'HL\TlX<: TllE HC~I OJ•' Tl-llHTY-OXE THOC8:\XD J)OJ,LAHS. l:XITEU HTATES cl:JmE:'.\H'\', FHO:M TIIE coxmrnssIOXAL HELIEF FCND. TO cm.1PLETE THE CONS'l'Rl'CTIOX .\XD HEPAJR 01" THE PADTIE JUAX VILLAVEHDE THAil .. , IX THE PRO\-IXCES OF XUEVA VIZCAYA AXD PAXUASI~AX. n.11 r111llwril!J of lhe finif('(l StulcR. lw iJ f'Jl(tr;f('d /1y fl/(' Phili11pi11c Commis.~io11, that: St:CTION I. Tlwre is lwrC'h,\' approprinh•d, 011t of the C'ongl'C'Ssional rC'lief fund. the sum of thirty-01w thousand dollars, in mo1wy of the United Stalps, or so much thC'rC'of as may be necessary, for the purpose of completing the work of eonstrnelion and repair, including thr nrcessary bridges, on thl' Padre .Tuan Vil\11· vcrdc trail. Bayombong to San Xieolas. Provinces of Nuen1 Viu·aya and Pangasinan, prc\'ious upprop1·iation for whir•h has hrC'n made hy AC"t .N"umbC'red :\inc hundred and hn·nty. The pro\'isions and conditions provided in sections two to six, inclusive, of said Act Xumben•d Kine hundred and tW('llt,V arl' !IC'rehy madC' applicable to the ('XJlC'IHliture of this appropriation. REC. 2. Tl\C' public good requiring tlw spl'rdy enactmC'nt of this bill. tlw puSsnge of the same iS lwrrby C'x:pcditC'd in a<:conlancC' \dth SC'ction two of "An Act prest·ribing tlu• onlrr of proer1lure hy the Conuni'lsion in the enactnwnt of laws." passed 8rptemher t\w•nty-six:th. ni1wlPC'U hundl'rd. 8t:C. ;J, This Aet shall tak1• ~ffC'et on its passage. Enad<'d. :\rart'11 10. 1904. I Xn. 1084. I AX ACT A:\IEXDIX<i HE('TIOX FIFTEEX OF .\CT XT'.\f mm1m 8EYEX Jll'XDHED .\XD TWO. SEC'TJOX O:\E OF ACT XT:\rBEHED XIXE HCXDHED ~\XD EWllTY.::\l:\E . . AKD ~ECTIOX OXE OF . .\CT :\T'.\llllmlm OXE TIIOL'S . .\XD AXD TlllHT\'-1"1\'K II\' EXTEXDIX<: THE TDIE FOR ('0:'.\IPT,ETIXC THE HE<ilSTIL\TIOX OF ('IIIXESE lX TllE Pll!Lll'l'IXE ISL\XD~. \\'lwl'C'as it wa,; impossil.i](' to compl<'h' th1• 1·(•1.dstraiion of all (~ldn('>i<' JlPl'>;OllS iu tlw l'hilippin(' l"lland" witl1i11 tlw 11•11 mo11U1~ NHiiug February twl'nty-ninth, ni11Ptl.'l'n lnnu\n•rl a111I four. a" prodded in Acts Xumh('l'l•d S1•\'Cll hundrl'd a11<\ two. Xi1ll' hu111\n•1l am! l'ighty-ni1w, awl Otlt' thou,;arnl an;I thil't,\··lin: Th('l'l'fon•. fly a11fhorif,11 of flu· f:ui/f'([ ,'I/a/(',<;,{)(' ii 1'11111·/i'd li!f //I(' J>hilippi111· Commi.~sion, tha.f: Sn'TIOX 1. Thi• li111r for '4lll'h J'(•,!!i,.:frntio11 i . .;, ]Hn·,;m111l to nulhority grantPd hy ,;('(•tion four of th(' c\d. of ('011~1·1's" apprnn•d April twl'l1tr·ninlh, ninrtel'll l11111drrd anti 1\1·0. lu•n•ln· l'Xit•iult>d for a Jll'l'iod of two month~. lo da1P from l•'"hruar~· h1:1•nly-11i11th. ni11l'l1•(•11 hun<ln•(l nnd four. SEC.:!. Tl\C' public good 1'<'(111iri11:.:- tlw "JWPdy ('lrnl'\uwnt. of thi., hill, the passn~1· of th<' snnH• i,.: ht'l'Ph,\· Px1wdilt,(l in <l<'COrdan<·C' with srction iwo of ".\n ,\et. JH'<'s<·l'il1inµ: 1111• nr<lt•r of Jll'O('<'dun• by tlu• C'ommi<:,;;ion in thr <'na(•\m<•nl of la\1·,,'' 1>a~-.p(] S<'ptf'itilwr l \\'('nly-sixth, ni1ll'tl'l'll lmndrl'd. 8i::c. ;t This :\t·t shall lakf' <•ff1•et on ils Jl<l><~llg!'. E11ad1•<l. :\[nn·h ltl. l!l04. I ::\o. lOHii.J ,\X ACT 1'1-:0\'IDIXCi FOH Tl\E LOA:\ OF FOCH TllOL'SAXD FI\"E Ill"XDHED l'ES08. 1'1-llLIPl'IXE cnmEX('\', TO TIIE PHOYIXCE OF B.\TAXU . .\8, ~\XD .\l'TJJORIZIX<1 THE l'HOVIXCL\L BOc\lW OF S . .\ID PIW\'IXl'E TO 1u:. LO.AX THAT :•WM TO 8lTll '.\Lt'.XH'IJ>c\LITIE:-i IX TllE PROYIXCE A8 TO TIIE l'HOYI:\Cl.\L B<UHD '.\L\\' SEE:'.\[ l'ROI'EIL TO BE uum IX TllE l'.\\'.\IEXT OF HALAH.JF.8 OF TE . .\('llEH8 E'.\ll'LO\'EJJ JX TllE l\AHHIO PCBLLC 8('11001.S ()Jo' 8C('ll .Ml"XI<'ll'.\LITIES .. \XO FOH XO O'l'HEH l'l"Hl'OSE. /l!f authority of the Fnilnl S/nlrw, be ii 1·1wclcd li!I /Jrc J'JiiliJ11ii1.e Co111missio11, flrnl: SE<'TIOX I. Thrrl' i>< l1<'rl'i1y approp1·iM<''rl. out of any funds in UH· lu.,11lar Tn•a><ury not otlwrwi,.:I' appropriatl'<I. tlw s11111 of fnnr 1l1011><a1ul li\·c· humlr('(\ p<'sos, l'hilippin<' r·urrC'm·y. to lw loatwd lo th(• l'rudm·<· of Batnugas. 8t:I'. :!. Thr 11\0IH'.V npprnprialP<l in ,.;(•(·lion on•· of thi,.: A1·t shall bl' paid b,,. the Insular T1·ea,.:11n•r lo tlH' tn•nsun•l' of the Pro\'itu•t• of Bntangas on tlw JH'(•,.:1•nlation to the Insular Treasurn of a (•c•rlifo·<l c•op,\· of a rN;olutiou of tlw 111·m·i1wi:d bonnl of Butnngas ac<·(•pling sul'h lonn and agT<'Ping to l'<'pay tlw ,.:anlt', without int1•1·\•sl, as follows: Two tlmusand Ii''\' hundn•(l 1wsos, 1'hilippi1w r·urn•n(·y. within two ,\'l'lll's from thl• dat1• of tlw ;U·(·t•pta1wc of the loan. and one thons>llltl p1•soi;, Philippinl' ('lllTNlcy, 1•aC"h y1·ar tlwrl'ufU>r until tlw fnll ammml of the loan has hl'l'll n•pai<l to th<' lusul:u Trl'llSlll'\'. HM:. :I. Thr prm·i~cial ho:ll'll of Ba\;111gas is lwn·hy nuthorizl'd to l'l'loan the Jl\Oll<',\' thus mail\• :11·ai\;1h[(• lo s11t·h munil'ip;ilitics in lh<' prndnc\' as lo il urny ,;('I'm propl'l'. le b1· 11s1>d hy ,.:11d1 mnnil'ipalitirs in th1• paynwnt of 11>;u·lwrs (•mplo,\'ed in tlwir hal'l'io public· sehoob. anti for no otlwr JHll'])(ll-\t'. am! sn('h loans shall be l'<'Jlllitl h,\'' tlH· m1111h·ip:diti1•s to tlu• prm·inr·C', \\·ithont inl<'rcst. within such ti11w as may I)(' fiX('<l by tlw prm·indal board. SEc, 4. The publfr gootl l'rquiring tlu• s1w('(l,\' C'mu·tml'nt of this hill. thl' passage of 1111' ,,amc• i.~ lll'n•by expedite<! in aceonlanec with SC't·tion two of ".\n Ad pn•s(·rihing tlw orliPI' of prot·C'dm·c· hy lhC' Commission in tlw t•nac·tuH'nt of brn·;;," pas,.;('(\ SC'ptC'111b1•r tw<'ntv-,.:ixth. ni1wt1•1•11 hunch·l'li. ~El' .. ;). This ,\(·t ,.:holll takt• <'fff'd on il" passag<'. Ena('h•d, )la!'ch 10. l!l04. l X o. IOHli. I .\X ACT ~\J>l'HOPHL\TJX(; HIXTY·T\\'O THOl'SAXD EWllT ll{'XDHIW . .\XD ElUllTY·RIX PESOS AXD SIXT\'-T\\'O CEXT . .\\"OS. l'lllLll'PIXE CL'IWEXCY. FOH SL'XDH\' EXl'EXSES OF THE EXPO~ITIOX lL\TT~\LJOX AXD BA:\'D. l'lllJ.11'1'1XES ('OXHT.-\IU:LAH\' .. \T THE LOL"I· SL-\X.\ l't:B('IJ..\SE EXl'O~ITIOX .\T SAIXT LOL'IS, '.\llSROCHI. /I.11 11111/wril,11 of llw ( ·nitn/ S/11/1'8, lw ii 1•11arlnl h.11 11w /'hilippim: ('ommis.~i1111, I/wt: SE1"rtox 1. Tlw followin.~ .;t1111-c, in l'hilippitw 1·11JT1•m·y. or ,.:o rnu .. h tlll'r!'nf a" may h1• JW<·t·.~,.:ary. :in• lwr<'b." appropriatl'tl. out of an,\' film[,. i11 tlH' 'J'n•a,.:111",\ of tlw l'hilippinl' blantb not other'1[,.1• appropriatt••I. for t!w 1•x1w11.;1•,., of th<· Expo,.:ition Battalion :111<\ Baud. l'hilippi1w,., ('011,.;\almlnry. at 1.lw Loui><iana Pur<"hn,;e Exposition at :·»1int Loni", .\li~><Otll'i. toµ:l'th('l' with thl• co><t of tran,.:port.1tio11 a1Hl ,.:nh~i,.:lt>rn·1• !'II routP from :'.\lu11ila to Raint l.011i,.:, aud n·turn: l'11y of /;';r1msilio11 /fo//11/iou. /'hili1111i111·s ('<m8/11h11lur!f: For an i1H·l'Pa"" of i\\'Pnty lH'I' 1·1•11tnm in Iii'.'" of linl' offiel.'rs of the Expo,.:ilion Bnttalinn, bt•hn•c•n tlw i!:J\p,.: of tlu•ir (kp;1rtnrl' from. 228 OFFICIAL G·AZETTE ;11111 rPtnrn to, the Philippi1w ]slandi;, four thommml ,,jx hnndn•d anti sixty-six p<!Slli'I and .iixty-:w\·1•11 11·nl;l\'os. <:lathiny, camp unrl yriniR<m <:r111ipagfJ: For 11 gratuitous bsue of <:lothing to tlw Exposition Battalion and Band. inl'lnding underwear, hats. O\'<'l"l'oats, blankets. uniforms. C!OUI. 11nd so fol'th, fo111·lr1•n thmumml fin• hunclrt'd and l'ighte<•n prsos nnd s1•\·ent\• cenla\·os. 'l'ra;IBJ1t.rlaticn1: For tr1ln1-1portatio11 of ollicers and t>nlistrd 1111.'ll from Hnn .Fr11m·is1·0. California. to Hnint Louis. :Missouri. nml 1·eturn, aml for trnnspol'lation or >it1pplic>s of the F..xposilion R11tlalion 1111d B1rnd from 81111 Fr111l<'i,..1·11 to S1tint Louis nnd return. thirty-two thommnd eij!"hl hundred Jl<'80!1. R1tl1sisl<'11ce: I•'or an ndtlitio1111I allownncr of l'lr\"1'11 ("t•nla,·os r1u·h pr1· tl11r. m·r1· nml alm\·r tlw 111110~111t now nllowrd. for l'lllistrd nwn or the E"f>osition Battalion 11nd Band. from dnte or 1uri\·11J in Silinl Louis to datr of de1mrture thrrpfrom; for diffl'rcm·C' in cm;l of !!UbsislenNl of t'nlistt•d men whih• tran•ling on Anny transport from :Mani111 to Sun Frnncisco and rl'turn. bt•twren amount now 111lo"·ecl and 11mo11nt C'harg<>d by trnnspol't; 1md for nn ndditiom1l ullO\ntnl'l' of ninrlt-en c•Pntavos mu·h prr day. on•r and alm\·e tlw amount now 111lowC'd, for enlisted mrn while t•n route from San Frnnci11C'o. C11!Hornia. to Saint Louis. :\lh1souri. nnd rt>lurn; trn thommnd nine htmdrC'd and one pe11os 11ncl twrnty-fh·r t•rntll\"OS. In 1ill, for thr Exposition Battaliou and B1md. Philippin~ Con· 11tabulary, ioixty·two thousand right lnmdr<>d nnd <>ight,v-six 1)('11os aml Rixty·lwo t'l'nta\·o,,;, Philippine> t'lllTenr)": Pmridrd, Tl111t any t•1trnin;..(,; of tlw band whilP on this tint~·. ovt'1· 11ml 111>0\"C' llw amount neeC'!l!ml'y to pay tht• )WO rntn !o!hurC' of c•xtr11 c·omp<>n!olation to whid1 <>nlistrd mt'n of tilt' hand an• t•ntitlC'd while on s1wh tlutr. not to t•XN!etl n mnximnm of lifll•t•n dolhus pp1· month 1•1u·h. l"nit<'cl 8t11h•s em·r0tmt•y, i;Jmll hr ('OllC'dl'll and deposited by tlw suppl)· ollic·c1· in tll<' Tre1um1")" of the Philippine lshnuls n,,; mi11c ... 1l111wous receipts. SY.c. 2. Th<' pnn·isions of tlw lin4 paragraph of section thrr<' of .Act Xmnbt'l-ed l~ight hundn•d 11nd st'V<'ll. p1·m·itling the mannrr in whfoh withdrawals of monl'y>1 app1·opriat<'d in said • .\ct !!hall be madt>. a1·r. l1erl'by made 11pplic·ahlr to tlw withdrnwnl of mon<>;ni appropriat<'ll nmlrr this .:\t'l. S~:c. :l. Tlw public J..>'OOtl rrquirin~ tiw sp<>edy t>Rnl'hn<>nt of this bill, ihr pusstlJ..'l' of th<' !llllllr is ht•l'<'h,\· <'X)>('(litl·d in aC't•ord11m"t• with sr.L"tion hrn of ".An Art prr!K'rihing th<' ordt'r of procedurt! by the ('t1mmi>1!-lion in the l'll11dmrnt of law,,;." pa,,;srtl 81~ptrmhrr twenty-!olixth. ninrteen hunrlrPcl. ~P:c. -1. Thii-: • .\1•t ,,;lmll tnk<' <>ff<>t't on it!-1 p11ssaJ.."C'. F.mu·trtl, '.\lnrc•h JO. l!l0-1. I :\o. IOSi.I • .\X Af''l' APPHOPH.UTINU THE Sl"'.\I OF O:SE Ilt:XDHJ~J) AXD 1-:tm-ITY ·n10CSAXD Pl'~SOS. l'Hll.ll'l'l:Sg l:t"lt· 1mxcY. on 80 '.\llTH TIIEREOI•' AS )f.\Y Im Xl~CI~S­ s~\UY. run C'ERT . .\I:\' Pl"Bl,IC \\"01{1{8 .\NJ> l'EIUIA'.'\E'.'\T l'.\ll'HO\"F.)IEXTS rx TIH~ l'ITY OI" '.\JAXI LA. 11.'I 11111/wrif.11 of ll1r l·'11i/(!d Nlufo~. lu· if 1•11r1 rtrd 11,11 l/U' l'l1iliJ111i1w <'0111111i11si1m, tlHlt: :-it:c·rrnx I. Thi' followin/.(' sum. in l'hilippinr ('tllTt'Uc~·. o,r "" mueh thcr('of n ... may ht• 11reMC>1ary, is hrrrby approprialt•tl, out of an~· fnml>1 in tlw 'l'r<'ll!-llll"). of tlw Philippim• l!o!lnnd11 not otlwrwi"I' apprnpri11tt'd, for puhli<' works nnd p(•rnm1wnt i111prn\0 t•m<>nts in tlu• <•ii)' nl' '.\lunil11. ns follow,;: t'l'l'YOFll.\:\'11 .. \. l'urc·hast• nf p1·01w1·ty for i<h1•1•t pnrpost'S 11ml ~·xtt>11sio11 :uul witl1•ui111!' of str.•t•ts. inl'luding t•ompl(•tion of 81111 )(arct•lino 1•xl<'ll· .'<iou. l•:l"mitu, from Cnllr XozalC'da to l'1lllt• 1-ll'rran, t•ompll•tion nf II ~lrl'rt. Em1ita, from l'nl](• llt•nan to Callt• S:111 .\ndrC's. lll'ginning wm·k of widt•ning l'allt• Xm•,·n, Ermibt. thmtt~hout its t•ntirt• length. hl'ginnin~ impro,·cmt•nt of !-ltn>et sp•tl'm in lianios of Co11cepeio11 irnd 8nn Curios, Ennit.1. beginnin~ ext<>ni<ion omd imprm·C'nwut of sfrert.i in San Lazaro {•.itate, Trozo distriet, (•Xt<'mlinJr and widening old "trrets 1111d mnstructing new strrets in l-in1111~ilcl<' di!itriet. nud g1·11ding. parking. and impro,·ing Cnll<' :\lnrimws. Tondo: for l'Cllllitruction of tempomry lh't• iil1ttion in Tonclo; fol' c·1m .. t1·uction of ornanu'lltnl i<heltt•r on thl' Luneta; for t'on,,;tructiun of g11trwny anti t'ntrimel' to tlw 1ww ( 'l•nwtery del '.'\ort1•: fol' t't111struetio11 of olliet> :rnd keepe1·'11 house' in new cemel<'I'~·: fol' purclmsr of thn•l' hundred thousand pn\"ing blocks for tlw E,:croltn. Binomlo 8t11mrr. 11nd CallC's;. Echuguc 11nd Rmmrio. In all. for public wm·ks. eity of .:\fonila, onr hundred and right)· thousand mul twenty p<'so,:c, l)hilip1>ine eurrem•y: Proi~idrcl. Tlmt tht• 11111ounts to br t'XJ1t•ndt•1l for the \"llriou!! puqmses abo\"C' men· tionC'cl. rrKpcclh'el~·. !o!hall lit• nllottecl b~· resolution of the Commis,:cion to bt• c-t•1·lifil'tl to tlw Auditor, 1111cl the )lunicipal Hoard of th<' l'ity nf :\lnnil11 !o!lulll ht• limited in its <'XJ>C.'llcliture for raeh itc•m in 11t·c·t1rd:111l"C' with i-:nid 111lotmM1b. X);c•. 2. All hahrnc•t•s ,l'l'lll:lining 1lnl'Xpendt'd whl'n 1111)' publie works or 1wrnm1w11t impl'lff<'llll'nt,:c approprintrd for by this .-\et 1ll't• 1·ompll'tC'tl sh11ll b1• rl'turrwcl nt oncC' to thr Treasurr of tlw Phili1•pine ],,;hrnd!-1 nml shall not thl'l"C'llft<>r hC' ll\·ailahlc! fol' withdmwul or disbur~·mrnt 1111dc•1· thi!i A<'t. i-:t:t'. :t The pro\"isions of tl1P lirst p111•ng11lph of . ..:ection thrl'e of .\1•t Xumlwrc~d Eight htmd1·<>d and !lt'\·en, prm·iding thr mnnnt•r in which wif.Julrnwal,:c of moue~·,. appmprintrtl in i<aicl AC't sh111l lw maclr, arr hc•rl'h.\" nmdr ap1•lic11blr to thr witlulrinml of moneys appropl'iatC'd mull'r this ...\et. ~•:<'. 4. Thr publie J..>"OOd rcquil'ing th<' !<Jlt•<'<i)' em1t1:111t>nt of thi,:c bill. tlw pn11."llJ.."C' of thr sillll<' i,,; hrrt•b)' rxpeclited in :1eeo1"d1lll<'C' with >ieetion two of '·An Act Jll"f'S<'rihinl! the order of proet>elurr In' th<' Commission in th<' t'llllcilll<'llt of law,:c." pasSC'd 1'-tt>ptt•mbC'r t~\"<'lll,\"·1dxth, nint>teen lnmdrt'cl. H•:c". 5. This A<'t 11hall tnkl' t>llrc~ on its p1u1,:c:1gr. Emtct<>cl. '.\lnrc•h 11. l!l04. DECISIONS OJ<' THI~ SUPUEMl~ COUUT. · [No. 1312. December 21, 1903.) 1'llf,' riXITR/) STA.'fRR, c011111lai11C111t ancl ap11c·lltt, r11. IU'N.·lf'/O /fl"Y/J.I/, R'f . .f/,.. d(·fcmdunf11 a1ul C1ppella11l11. I. C111:111s.1.1. LAW: Mt:KDER: QrAl.IFICATl\"F. CIRCl'lt!!ITANC'ES: }o;\"lllF.NT PRE· YIRIJITATms.-Whereit nppcars thnt during rourdays prior to tile d11te of lhe commlN<lon of the crime the defC'ndnnts held llC\'eral mcetingr;, In whl<>h they dcllbernt('(l concerning the mnnner in which the decclll'Cd wns to be killed. the offense must be clai<.~cd 11!-I murcler bccaullC of the pl'C!iCn<'r of the qm1lillcath·e clreumstan<'e of c\·ident premcdil11tio11. 2. Ill.: Ill.: Ca1ms.1.1. LIA.Bil.IT\": Pl!INCll'.\I. B\' INDl.M'IOS.-One who eonech·cs the perpetration of n crime, t~ftlls a meeting of his codefend11nts to deliberate co11ccrning its execution. pel'!lun1les them to l'nrry the purpose into effect, nnd is present at the time of itil commmnmtion is guilt~· nsn 11rln''lpal by direct inducement. 3. ID.; 111.: COPlllSCIP.\l..'1.-Where it nppenrs lhnt the dcf1•1111ants, aftcr conspiring together to kill the dceeascd. went to his ho111oc for the p11rJ)(ISt~ of cnrrying (fit th<>ir oon1mo11 int1•nt nnd pn•pnrcd to 1•oii~rftte to thnt 1•nd, nnd ~ome ol' tlleru aetu111ly klllcd the deccnscd. while the others posted them11el\"C11 Rr<1u11d the building rendy to pre,·ent 111 .. e»1•npe or rencler nny 1111Sist. cncr which might be necCAA11ry, 1111 will br. held <'qunlly gniltr1111 prlnci1111ls, irre!<pr.t•th·e of the indh·id11nl pnrtlclpatlon of en<"h in the mnterial 11('t nfthemurd(!r. ~. Ill.: Ill.: AGtlllA.\'ATISG ClltfTlt!Si.TA.SC:f..'I: XoCTL'RSIT\": 1'11Al'I>: Dwr.1.1.IX(i llOL'fir..-Wh1~11 it 11.ppca?!'I thnt the ft('(•\ISC'd entered the house of the de: 1•e11S('(l in lhe 11ighttin1e 1111d upon lhl' J•l'Cl<'Xl t•f wnntlni::: to bU)" n holtl<' of wine induced him to go down to tilt! lower slory of hi!< dwelling where thl' wine Wll!-1 stored, an11 therr <'nmmell('ed Ille (llQll111lt whll•h ••mled In hii< denth, it is pro11cr to t•on!lider in ngg"hl\'1llio11 of tht• oll'ense lhc elN•111111<t11nces of nocturnlty. fnu11l, and the 1•ommlssion of lhc oll'l•nse in the dwclliug of the injured per.;on. ''· h•.: 111.; :\l1T1taT1~i= Gmct::riST.\~cu.-111 tlw sppllcntion of artlr.l<> II of the P<'nal Code the co11rts mny UM' ii In th••ir dls<"rction to off!lcl nnr n11111ber of gr.nl'rlt• 11gi:t"rn,·11ting ein:mn!ltant'I':<. 0 FFICIAL GAZETTE 2:29 r.. 111.: In.: .\)J:;K,T\": l'<>LlTJCAI. Orn::-;~f-~.-.\lthonl(li a popular ll{>ri~ini,: on Ilic {Hll l or the i11l111lJHanL~ of u town for the purlJo-;e of killinl{ nn. obnoxious :~~~r~~::;l•; nii:1:~ ~~~:i~~:~t1 i ~it~:;; l:~~~L:~ r::;!c~1:~~1;1 ~ ~:~::is;::'~~1f~~;l1 ~:-~;~ i~l~1;:;: ~;~~~:1:~~~~::{:~;1~~~:~~~~·J)~~~~l~~·.::.r:tf :l;.:~;;;;~:~r;(~:t:~~,;~~~:~i:;~~i:~~,i.;.~ Islands. 7. Jr1.; Jn.: At:n:ssuJ:Y AFn:i: THF. FAn.-All oflidRI whu. under threats of rlenth· scnfls n. fu.J~c dc~pnt••h to hl.'i su1,eriors 1•011ccrning the C'->mmission of a crime, und t<.'nding to shield tlw pcrpetrutors thereof. act-s under such cluresi; as to relieve him of 1111~· c·riminul liability us net'P!<Oory after the fact. l'n :\h'Do:-;ot·<:11. ./ .. di,;,;pnting: IL Jn.; ;\)l~t~~TY: l'oLJTJCAl. O~n::-;st~~.-Thc nmnc.~t>· proclumation of Jul>" 4' lOOl, is not limited in it~ l'llect to crime~ committed in connection with the insurrections ni.:ninst S)Jitin or the l'nit.cd S!ntcs in the l'hilippinc Islands but con•rs nll (•riml'~ of " pnlitil'nl ch,mwll'r co111miUcd during the period• of those Insurrections unrl nris111i.: out or politknl fcml~ nnrl dissensions umong the Filipino'. .\l'PJ..:AL from a j1ttlg:nwnl of t11t' ('our1 of Fir,;\ ln,;brnc;c of Antique. Tlw fiH·ls ar1• stall•d in 1lw opinion of lhl' c•onrt. lil!EGOIUO PI:"EIJA. for ap1wllnnls. Holil·itor-(;<'neral "\uA:q:TA, for appcllt•t•. TORIU·;s, J.: On Oc-tohrr 11, l!JOi, the provincial fiscal of Antique filed a comph1int in the Court of First Instance of the province, charging the tw<'nty-se\·en accnscd of the crime of double assassination, pnnislwd in arti1·lc 403 of the Penal Code, alleging that 11t i o'clock on the night of tlw 14th of .·\pril, HI02, with the pretext of going to bu_.,- sonw anis<'f'd wine Tomas l\Ianwga and Ignacio Bnndal cnlt•rcd thr h.on>w of :Marco . ..; lltmc1lg, municipal Jll"f'Sid1•nt of tht• JH!t'l,.ilo of Cug:nyancillo, in i-.aid town, while fourteen of tlwir C'ompunion,; 1·l·mainrd ontsidt'. some in the street Hild others in hidiug <·lose to thC' stain·ase of the house; that llnncng, on b1~ill,!.t" toltl of the object of lh<' call of tlw two men first named. immrdiat<'ly \\·cut do\\·n into the /1orlcgn of the house, wlwre the winr W<\s k<'pt, 1H'<'Ompanied by Antonio Trinidad. who curried a light rd lamp; that as Bmwng haml<'d tl\C' bottle to Tomas l\Iamcga the ]alter inqnirrd the price of the winl', and when l'n•shlc·nt Bnncag repliPd that it co,;t 1 rral, Toma,.; forthwith ,.;truck, Uunrag with 11 holo which he l'f\!Ticd, inllicting a .;C'l'ions \1·01111;1 on the left clwck and jaw: lhat tlwrN1pon Buncag, crying out, "l 11m done for," ran out into the stre('t, and then Santiago }ladiong pursued him and si.ruek him unotlwr blow on the neck. which (•amwd him to foll down in thC' middle of th<' str<'ct., and then tlw otlwr dcfcnclauls threw lhcmscln•s on lhe victim and inllich'd upon him innunwrablc wounds from head to foot; that aftPr this th(• hous1~ of tlw dc1·ens1•d was watched by the assailants until the following dn~'· wlH'n tlw body \\·ns remo\·rd to thr munil-ipal building; i.hat tlw munieipnl s1•1·rctary, Ci1·iaco {,jnrri~n, \\·ho !i\·rd ill th<' snme hoU,..('. lril'd to (•scapt'. but Ignacio Bnndnl pn•\·<mf('(l him from doing .~o arn\ inflich>d on him a ,;(•rious wound on t\11• hiH·k of tht• m·1·k in l'OJlspquence of which hc di<·tl nim' da)·,.; lakl'; thnt. lik<'\\·isc tlw \'ic·l'·pre,;i1IC"nt, Francisco ]i[agbanua, was c·harg<'d with !wing an a(·1·1'."sor.r lo tlw c·rinw, b1•l·a11s<' lw hnd \\Tilh•n a fab1· 1·t•]ml'I. of tlw uffair to tilt' pro\"in· (•in! nuthorili<•s, ('(>l\C'C'aling- tlw n'al fa('\,: whi<·h took pht<'C in tlw town on lht• night of _ . .\pril 1-1. 190:!. The complaint hin·ing lll'C'll lih•d. tlw trial 11";1>< \wld and e\'idc1we wu,, takl•n us lo tht• f:wt,; dmrged as ha\"ing- bt"cn 1•orn111ilted by tin• ac1·u"('d, and from tlw tt•"ti111011y ol" Antonio Trinidad. Apolonia Bunc·ag, Domingo Bnn(·ag. and :\Jaxinrn Bmwag. wit1wssC's who w1•n• 1n·1•st>11l wlll'n tlw fads ahn\·t· d1ar_!.t"ed \\"(•1·1· 1·onnuit.kd. nnd f1;0111 1111• k,;ti111~my nf tl1(• print·ipal (ld1•mlant. lgnnPin Jlnntlal, it ll]>[l(':\l"!'d tlwl on thl• Thm"<d:l)' prt•('t•ding- .\loll(lay. _,\pril 1-l. wlwn the (•rinn• was t•omrnith'd. Burnl;d c•allt•tl a uweling whh·h WH" lll'l!l in his ston•hons<' ]o(•HtNI in tlw hnrrio of ,Jilngil within the limiL-; of Haid town, at whi1•h meeting Dionisio l'omle, Pl'dl"O Elijan, Santiago )ladiong, and Domingo l'anleiio \\·ere pre.->ent. for the purpose of considering the grienrnce;; whi1•h all of them had against the pr<'!;ident, l\larcos Bunmg; that 011 the following Fl'iday. in the same place. Gregorio ('omle. lbymundo Condesa, <in~gorio Elij1111, G;n·ino Comlesa .. Juan l'anl<'iio, anti Rnmon t'ondc.;a met again with Bunda!; on 8atunluy thE'n' w11s anothn llwl'ting at. whil'h l'rocedio Bona\1•s. Tomas '.\lmnega. Mod<'sto Bundac, \·i1•rnte Bonbon, .Jnc·into Bongar. togctlu·r with Bund;tl. \Wre Jff1•,;('11t. nnd ·that on Sunda,\' Tomas '.\l;11Hega. Dionisio Com!C', Pl'dro J;;Jijan. Domingo Can\Piio. and Bunda! met again in thC" same place and agreed to kill PresidE'nt Bnncag on '.\londay night, when Bundal and Tomas were to cull on the deeeased with thl' prctC"xt of buying win<'. it being ug-recd that Tomas wns to strike t]IP first him\· and was to br seconded by Santiago Jifo<liong. Dionisio Conde, and the others if it br1·amC' neeeRsnry; that in the nwanlimc thC' oth<'l' conspirators \\·e1·1· to sta_.,- neilr the prem· ises ready to fight in l'nse thr sons of the prrsident or any othe1· pl'rsons nffl'rrd resistam·1'. Thr,\' bound thl'mseh·c,.; uot to run ;urny, and agreed thnt if anyone attempted to do so hc wa,; to be attacked by his companionH; that once the prrsidC"nt was killed the,\' would l'XJlO»C his hod;\• to the peopl<'. At (i o'clock p. m. on :Monday the conspirators mrt and about I o'dock they went to the house of the prE'sidcnt, Bunda], and Tomns entcrcd and statC'd the object of tlwir cull. After the pr<'sident. '.\Ian•os Bun('ug. WM! told of what they wanted he at onc1· wC"nt down to whrrc the wine was stored, being iwc·ompnnied by Antonio Trinidad, who carried a lamp, n.nd after he had drawn tlw win<', when Buncag WilS de\i\"cring thr bottle to :Mumega. after repl;ring to his inquiry regarding the pric<', h<' suddenly receh·C'd a srwrr hlow with a bolo, inflicted by thl' latter on his cheek and l<'ft jaw. whereupon. ~;aying, "lam done for," he instinctively run townrd the street. Tomas then shouted for Santiago ::\fadiong. Dionisio Condi', and Pedrn Elijan. who rame out nnd atbwked tlw lireeas('(l, who was felled to the ground CO\"Cred with srrious und mortal wounds. After thi,; thC' other memh<'l'S of the party. nnmrd Pro('edio llonnh•s, Domingo Cardeiio. Vfrrnte Bonbon, Gn•gorio (:ondc. (jn•gorio Elija11. lfaymundo CardPiio, (;n,·ino Condesa. .Jaeinto Bongnr. ~fodC'sto Bumla(', Ramon ComlE'sn. nnd Junn ( 'ankflo. c·mne aml flocked around the body of Bmwag. crying ont. "\\"c lun·e t'Onqnered." While this was taking phwe in thr wine room anJ in th<' street Ignacio Rnndal, who h11<l lt•ft the house, l'C'i'ntrred it. 11nd on s1•ring Ciriaco Garrion. who was trying to lcin-e thr hou,;1>, doubtIC"s,; with the intent of 1':4t'll]Jing. Bnndnl attackrd him with the bolo whiC'h hr had in his hand 11ml infli<·trd upon him n wound on the IC"ft shonld1•r and nct•k. in (•onscqncnce wherl'of Gnrrion died ninC' day,.; nftrnrnn\s. ThC' kstimon.r of thC' person who nttendrd him. and th<' opinion of the physidan cillll'tl as an l'Xpcrt. show that the wound inflictC'd upon Garrion was \·ery S('\'(•r('. On this ,.;anH' night, n few monwnts after tlw lllll\'lit•rs W<'re l'ommittC'11. thC' wif<'. sons. und otlwr members of tlw famil,\· of llw ]JJ"C'sid<'nt filed from thr liousl', nrnl the premises wrn• nlmntlorn•(\ and h•ft in the poss('ssion of the t•rimina]H, !>Ollll' of whom kt•pl w:ikh upon it for nine tiny,;, after which Gen·uHio Iluncng ( 0111• of the sons of the dr('rnscd }Jl"C"sident) nncl hi,; wifC' took (·h111w· of the honsc. On thC' following dll,\" tlw bmly of l'rC"sident B1111C'ng- wns rrmo\"ed to the mnnieipnl building. <'Xposed to the publil'. 8l'\'<'l'al of the (·onspirntor,; \l"(•nt about tlw strC"ets of th<' town informing tlH· pcoph• of thr dPath of the prl'sidrnt. def,\'ing ull tho,;e who 1\'('l't' not. n•ady to pron• it. and indtiug all tlw mPn to go um! s1•r thc' corpst• in the mtmi1·ipal hnihlin~. \\"]l('rl' all <'Omcrs wrrt• ask<'ll ·hy thl' rioter . ..; whetht·1· tht',\' apprm·cd or (lid not npprm·1· of what hacl h<'cen dollt'. and nsk1•1l whosC" pnrty thl'y fil\"orcd. On thr saml' night. thr Uth of April. uftl'r t•ommittin_g these 230 OFFICIAL GAZETTE t:rimes. the accused, Dionisio Conde. Santiago Madiong, and Pedro Elijan. WC'nt to thf' dwelling of )locll'sto Buncag, one of tlw sons of thr rlrerasc•<l, in eompany with >H'\'Cll oth<'r pl'rsons, and looked for :Modesto, who was tlwn hidch·n np a cocoanut lr1•e. bnt upon being infornwd by the father-in-law of )fodesto that the latter was uot in, Uwy Wl'nt awa~·· TheHe people wcrr all armed, as wl'll :1s those who were gunrding hi!:! father's housr, which :'llod1·.~to was able to •we from his hiding pine<'. At the time of the murdn the other son of the president, Gervasio Buncag. wus ahsent in an adjacent i><lallll called Don· dona.}. Ignacio Rnn<lal !'l'Tlt word to him to return to the town of Cagayancillo, which, according to the messenger sent for him, had been attacked by bandits, and on receh•ing this message Gern1sio rPhuned with his family. As he was approaching the lwal'h in the \'essel which convC'yed him h<' hcud the b<>lls tolling, and wlwn the boat imchored severnl armed men, among them Dionisio ('oJllle, P('(iro Elij11n, Rnnti11go .Madiong, and Hamon Condesa, app<>:ul'd on the bcaC'h and the first muuecl asked him wlwtlH'r Ju• canied any arms, and upon his saying that lw did not, they told him to lift up his shirt to see if he had any weapons hiddcm, because the rioters were in fear of reprisal:; or n•ngeancc on the part of Gervasio for the killing of his father. They then asked him with which party IH' was going to side, and he said that he would go with thC>m, whereupon they stated to him that they had killed his father, and took him to the municipal building where he wns shown the corpse, wrapped up in a matting, co\·N·C'd with wounds and with the head and face split in two. It appears likewise from the record that on the morning of the Uith of April while the corpse of the prl'sidcnt wns exposed in the municipal building, a party commanded h~· Ignacio Bunda) ovcrpO\\.Cl'C'<rthe townspeople nnd succeeded in indm·ing the people through fear to attend in a lnrge numbl'r a mC'cting convened in the munil'ipal building, in which a sesfiion wa8 held on that <la~·, as well as on the following. In these meetings it was rcsolnd thnt the vice-prcsidt>nt should replace the deceased and should address a false 1·C'port to the governor of the prnvincc. stating that the town had hel'n attacked by a party of unknown bandits who had atbwkt>d the president's house and killed him and had robbed the nrnnicipnl trt>asury, the record being signed hy the' vice-prl'»ident, Francisco l\Iagbanna, the councilors, and the son of the deceaRe<l. Gerrnsio Iluncag. 'l'hc report was signed by the vice-president. Maghanua, in obedience to the demand of Ignacio nundal and hi!-1 follow1•rs. It is to he noted that the person who preparC'd tl1l' minntl's of thC' mel'ting and the falsC' report was Ciriaco narrion. who. on aN•o1mL of the seriousness of his wound. was takl."n to tlu· mnnidp;\I building in a hammoC'k b~- onl"r of Rundal am\ his asso<'iatcs. It doe's not appear that either in the house of the deceased or ·in thC' municipal building unr robbery wafi committed, in spite of the fact that during ninl' days Ignacio Bunda) and his fiffrpn armed companions controllPd and did whate\"Cl" thcv plcaRt>d in the town. On tlU' contrary. it appcus that tl1t>~ mounted a guard of armed llU'mbers of thl' band o\·er the house of tlU' presid1•nt, and upon making dcli\"l'l"J' of the premis<'s and the furniture and otlwr artieles contained tlwrein to the familv of tlw dl'el'n.~<'d nothiul! wns missing. nor wa,; thl'l"C' any monej• mi,;,.:iul! from tl1e fumls of the municipal treasury, which were 1·c•mo\·('(\ from the hnww of thl' prcsidc>nt to the m1mi<'ipnl building-. Hatrl'll a111l \"C'llg-eaJH"C'. chU' to outrngt>s. abns('s, unc\ illl'gal <'XH({ions. and olll<'l" grienrnel's whC'rcof Ignacio Bunc\al nm\ his ('Ompanions Wl'l"l' allt•gNI io br the \'ictimR. Wl're the only motives whic·h eirnsl'd thl'm to plan am! exC'c11tc thc> Yiolent dcat.h of th<> prc,;i1\cni, }.[an•thi Bmwag. who, •1H•c·onling to his son Gl'l·rnsio Bnncng. during twcnt)' R\IC'("<»<sh·l' )'cars. with hut slight internds, h1ul hl'ld tl1C' olli<'l's of yolwnlf1dorr"illu and municipal mptain of llw town of Cagnyn1willo nnclt•r tl1C' Spanifih r~ginw, and during thl' 1n·rR1•11t r(>l!inw that of p1·r.~i1frnlr 11wnici11al of Rnirl town. It appears that Ignacio Bunda! und his followers were inhabitants of the northern part of the island, who wrre thP enemie,; of thos{' who resided in the soutlll'rn part. The judge, in \"le\\" of tlw rt>snlt of thl' e\·idencl•, sentenct>tl the aecused Ignacio llundul, Tomfo; )lamega, Santiago l\ladiong, and Dionisio Conde to the death ))('!laity, as principals of t.hl." oJTense charged, and the others, Pedro Elijan. Proc:l'dio Banales. Domingo Cardefio, Vicente llonbon, Uregorio Conde, Gregorio Elijan, Raymundo Cardello, GaYino Condcsa, Jacinto Bongar, .:\Iode,;to llundae, Hamlm Condesa, and Juan Cardefio, to the prnalty of seventeen years and four months of cmlcna tempoml each on~. and to the payment of an indemnity; Francisco ~Iagbnnna. as an aeccssory, was sentenced to four y1·1n·s and two months of pl"csidio corrcccio1wl. The comt stated in his dreision that Bunda! should be sentenced to suffer thl' penally of cadcmi pcrpctua, for the murder of Ciriaco Gunion, ancl to the payment of an indemnity, but in :wconlance with tlw pro\·i,;ion,; of section 11 of GC'ncral On!C'l"s, Xo. 58, the proceedings ,;et aside as regards the assassination of Garrion, as this (·rime should lie the ohje«t of another information and a separntl' trial. Thc tl."n rl'maining defl'mlants were acquitted and discharged from custody. The '·iolent death of Pn•sidt>nt )farcos Buncag has been fully 1n·o\"l."n in this case and eonstitutl's the crime of asRassination, be<'ans1• prior to its execution it was concerted, meditated, and prepared by the authors, who to that encl com·encd and held severnl nwetings during the fom clays preceding that of the com. mission of the crime, ancl in said mel'tings they discussed the means and manner of executing it. a,; has been confessed by the principal authors of the offense. Jo'or this reason it is undoubted that in the commission of the crinw the qualifying cir«nmstunce of l'Yident pr<'mt>ditation. which (·harncterizes mnrdf'r act•ording to article 404 of the Penal Codl'. t•xistl'd. The Yiolent dcnth of the secretary, Cirin1·0 Garrion, is likt•wist• an assnssination, since he was wounded in the bnck by trra<·lwQ· and by uncxpl'ctt>d and sudd<'n attack. the criminal using for that Jllll'JlOSI." means and actions which serured direC'tly and C'specially the commission of the <'rimt>, without any ri,;k to his person which might proct>ecd from the defense of thr dl'ct>ascd, although this crime j._ not at present the subjcet of this decision. The dl'fend11nts Ignacio Bunda!. Tomi1s l\famega, Santiago )ladiong, and Dionisio Conde plea1I guilty to the mmder of Prcsidt>nt Marcos Hnncag. but Rundnl did not plead guilty to the killing of Ciriaco Gurrion. all<'ging that he had woundf'd him im·oluntari\~·- Pedro l~lijan. Prot•cclio Honales. Domingo Cardefio, Vfrente Honhon, Grcgorio Condl'. Gn•;rorio Rlijan. Raymundo Card1•fio, cta\"ino Condcsa, Jac·into Bongar, )[odl'sto Bundac, Ram()n Comh•sn, ancl Juan C;1rdt•fio did not Jlh•:HI guilty to the mnrdN·,;, although thC'y aekIIO\\"l«dg<'d hin·iug \)('C'n prl'>;cnt in the place wht>rc ther wC're c·ommittC'cl. Viecntl." CondC', Lam·1•ano C'nnw. )[;\J"i;mo llumht<', 8Pha'-ltian Conde. J,comirdo F11biLl, ... \nton.io Timlo<'. ~iC'olfi..; Car1lefio. Crisanto Trinidad, AlhPrto l'nr1•nc•ra, (;regorio Xnmoeo. am! Fran· eisco )fagbanua p!C'ad guilty. ... \<'cording to artide 1:1 of llU' Pl'nnl Code print•ipals arc those who takl' a dirPl't pnrt in tlll' l'XeC'ution of tlie crillw. or who e0111JWl or imlucC'd othns to cxeeontl' it. as wf'll a,; tho>;(' who l'oiipt>ratc in tlw l'XC'eution thcrcof hy nwans of al'f;; without. wliif'h the C"riuw l'onld not liaY(' hcl'n commiltl'd. Al'cording to tlwsr proYiRions of till' law. tlw partil'ipation of the dl'f<'mlnnts lg-nnc-io Bundal. Tomii>i )l:lllh'g"a. :-iantiago )indiong. Dionisio C'ondl', and l'rclro Elij:rn in tlu- t'XC'cution of tlw violC'nt. dC'nth nf lhl' latl' prrsidC'nt of t!U' p1whlo of Cngayancillo, )[arcos Bnneag. is c\"ich•nt. sinef' Bnmlnl wns tlw lirst to t'OJICl."iV<' the connniRsion of thf' C'l"inu•. nm\ lw in\·itl'(l nm\ COl\\"l'lll'tl thl' eo1l1'fl."11dants to tli;;eu..;s 1111' mt•ans of ear1yiul! it into C'ffC'C't. and hi" pr<'si(\t•d m·1·r st•\"C'l":ll nwdinl!,; !lt'ltl four liay;; prior for the purpose• of 1ktPl"lllining- tlw 1n:u111<'r awl dl'taiJ;; of the PXC'CU· OFFICIAL GAZETTE 231 tion of tl1c, o/f(•nse in such a way that rcsolulions w1·n· pao.scd as to what \q1,, lo h<" dOiw in ca,,t~ tlw relative.-> and friends of lhl' victim .,;hould om·r any fl''>i,,tam·1•. Finally. Bunda! was tlw leader and wa.-; 11t Lill' lwacl of his c·o(h•fcndant:-;, not onl,\· during the rxt•cution of Uu· crinl(' Lul lik<•wisc> nine da,vs subsc11mmt tlu·rrto, d11ri11g which J)('riml of time he and his companions ovcrpowen·d th" town and by thc~ir bolchw~s and audacity controlled the situation and tcrrorb:<'d tlll'ir frllow-townsmcn with their threats. Therrfor<', although Bunda) did not take any material part in the exl•cution of the munl<'r of President Buncag, it is nevertheless beyond clonht that Bunda!. for the reason al.ion~ stated, was the author by din·<'t inducl'ment of the murder committed. Hoon after [>!'<'paring the commbsion of the crime lw witnes.<.;1•d its l'Xl'cution and accompanied the matel'ial executors to the house of the victim, with the 1n11·posl'. undoubtedly, of securing tlw consummation of the erinw. 'f)IC' liahilit:v of the otlwr dcfondants Tomfo; ).JamC>g11, 8antiagu 1\fadiong, Dionisio Condi•, Pedro Elijau, Proc('(lio Bonale.s, Domingo Canl<•iio, Vicf'ntC' Bonbon. (jrf'gorio Cond<', (irl'gorio Elijan, Raymundo ('anlt,iio, Ua\'ino ('omksa, ,Ja<·inlo Bongar, .ModC>sto Buudac, Ramon Comll'sa. and ,Juan Cardl'1io, is likewise e.stahlishcd, :;incc• tilC' th1·t'(' first na1111"d, as well as Bund.11, ha\'<' confrssed and hN·n cnn\'icted of having taken direct part in the murder of PrcsidPnt B1mcag. and tlw other twelve of them, although not pleading guilt,\•, ('onfitw tlH·ms(•ln•s to affirming having attcnckd and b('('JI prcsl'nt during the t•ommission of the crime, accompanying t.he fir.st four named and stationing themsl'h·cs around and undrrn<'ath the stair('ase of t.he house, for which rensou there is more than sulliei(•nt proof lo fully conduce the mind that these defendants are l!llilty. :-i('YNal witnesses who narmfrd tlie drtails of the killinl! of Bn11('ag h,v ::\lnnwga, )fadioug, and Conde in Uw 1n·e,,Pnc1• of Bnndal. allir111 thnt the other twPln~ 1h•f1•11dant.s Wl're presPnt in tlw plal'(' wlwre the crime was committed. Although it is"axiomatic that no ol\(' is liabl1· for acts other than his own, whl'n the cxi<lenec sho\1's-as it dops in this caM•that the accused, under the {'0111111111Hl of Ignacio Burnlnl, on the night of the murd('I' placrd themsrlws around thr honst• of the deceased, it is evidl'nt, notwithstandiug tlw fact that. only two entereQ. the house und only four actw1ll,\· attacked t!H• dctim, that all of the sixtet·n conspirators, impdlcd by the same motive. were! prcparrd to commit I.he crime or cniiperatc in its commission. It is impossible to graduate the separnh• liability of each without taking into cousidl'rntion tlw close 11ncl insepnrnble rl'lation of each of them with Uu• ('riminal act. for the commission of which they all acted by common agreenwul, tlwir common purpose being the murder of 1\Iarcos Bnncal!. The Niml' mn,,t, thereforl', in ,·icw of the soli(larity of act and intent which existed between the siXtecn accmwd, be r<•ganlecl a" the act of the band or party created by them, and tlwy 111'1' 1111 <·qnully rcsponsil.ilc for the. murder in t)twstion. Tlw .iwlgnwnt of tlw snp1·e111f' court of Spain of Septe>m\)('r 29, 183:1, t•.stahlisht•s <I doctrine 011 lhi>. subject i;imilar to tlw Anwrican rull' laid (!own h,'r' Bishop (X1•\\' Criminal Lnw, yoJ. 1, par. 030, and ,-ol. i, par. ti2!J, and Cllses there cited) and to the ruling: of this eoml in tlw cai;c of the l1nited 8bttes vs. Pedro Teodoro, supra. Tlwn· is to be considered in llw ('Xt'cut.iou of the sai•l (')'imr of mnrd<'r llw co1wm·rp1w1• of t.hc ag-1!1':1\'ating (·in·umsb11w1's 8,. 15, and !!O, s('('tion 10 of the P{'nal Co(\;•, Inasmuch as thl' accused muloubteclly took adnmt:ig-1• of the darkness of nil!ht for t.he Mn"umnmlion of thl' l'l'ime, nnd nuuh· use of de(·<'it by 1111•un.; of 11 false prelcxl. in order to athH'k the dt•('{'ast•d nm1wnn•" aud while unnbk lo 1ld1•n1I himself agaiu.sl lht• allal'k nmd(• on him in lhl' lower story or bod('ya of hi.- house. ~(•n•rt.helPss. tht.,w 1·in•11111"tan('t's lll't' 1·omp1•nsnfr(l in th('ir l'fl't•(·\s h~· llw "Jlf'(•ial cir('Ulll· "ialH'I' !'s\ahlishl'tl in ~!'('iion 11. whi1·h is ('OnsidNcd ill mitig:ation-thnt. is. th,• 1wr-~mial t·omli1iou.- of nH'(' aml thc ig-nora1w1• of tl11• accused. This was a m11rd1•r coum1ilh-d bv uie:ms of sedition or an uprising bold!~· carrit•d out hy tlH' ,,ix.t1•en 1lcfendants. wlio Wl'n• impelletl thereto b~· llw hatn•d and ill will whi('h thry hon• toward thr vietim on a•·1·01111t of tlH' abuses bv him ('Olllmilll'(l during a prl'iod of nearl;o.· twrnt;o.· y(•ars. durinl! 1~·hich tinll' 111• had hPrn <'Xf'rci.sing the fun('tion_..; of the hig-lwst. loe11l anthol'it~· in the town and island of CagayanC'illo, a p('!'iod whh-h eounm·nl·(·d from the prc\·ious i;o\·ereignty, and this induced Uu· mutinet•rs to bclic\·e that sueh abuses would probabl~· contimw itulPfinitely and that it would he difficult if not impo . ..;sihlc lo obtain any rrlief from the go,·ernmcnt of llw pro\"i1wr owing to tlw distam·(' that separates this small i.;land from that of Pann~·. whert>in the PrO\·ince of Antique is located. Tlwrt'fore th<'y sought relid by luwing recourse lo ,-iolence and a,;s;l,,.;ination. This \n1s due to their ignonrnec and perhaps to the hH'k of means for obtaining justiel'. For all thesC' reasons WI' are of the opinion that gre11t weight should be ginm to the drcnmstance rstablished in srction 11, to such an extent that it should be considered as ('Olllprnsating in itself the three aggravatinl! eircumst1rn1•;•s above enumerated. Therefore the sixteen dpfcndants arl' to he eond<>mncU to the medium drgn•e of the pf'nalty p1·C's1·rihed in sedion 40:J of the Penal Codr. As a consequence of what has bt•en stated. the court considers that the assault <~ommitted by tlw accus1•d upon the presidrnt of the pueblo of Cagayancillo certainly affpcted publi(· order aud the principle of authority, and for this r1•ason is of a political C"haracter in a gcnernl scnsl'. Bnt. it is not a politit·al offense of the clnss <'Overed by the amnesty of July 4. Hl02, inasmuch as the defendants, when thev l'esol\'e(l and carried into effect the death of i\Iarcos Bunrag. tliJ so undPr tlH• prm·o(•11tio11 of certain nbusiYc net" committt•1I by Bun(·ag, hut it dot's not appl'ar that the rPsidents of the town seconded t.lw rt~\·olution against. t.lu• Government of Spain or look pnrt in the l'esistam·e against the so\·erl'ignt.y of tlw Gnitcd 8tatcs. !\either dot•s it appt·ar that till' (lcceuscd or his aggre.;sors took part in tin• insurreetion. Xor has it been shown that this hatred and ill will arnse from political motives or strife <·onnccted with thl' past l'('\·olution. and it i.; therefore undeninblt' that the murdC>r of the .suid president, Buncng. did not luin· thl' part.icnlar politil'lll (·harnctrr (•ont1·111platrd b~· ;.:aid amnesty. 111ul that the case tlo<'s not fall within the lettt·r or spirit of the proc\1111111tion, c.;pt•t·i11lly paragrnph :J tlwrcof. It would, thereforl'. h1• C"rror to hohl that. tht> defendants are coverl'd hy the umne.sty. Xo appeal has been tnken as lo thaL part of the dC'(·ision of the lower conrt by which the trial, as n·gards th1• murdN· of Cirinco Ganion by Igm1cio Bundul. was :;ct aside. nm! this court is therefore dive,,ted of any authol'it.y whereby to make any finding: as regards the said murder, and as to the liability of ·the alleged author thereof, since tlw lower court dedded that the sumr should he the object of another information and a scparntc trill!, without any objection on the part of the prosrl'ntion. With respect to the chnrge against th<' late dee-president of Cagaynncillo, Frnncisco ::\Iaghanua, ae1·u.-1·d as ht•ing •Ill ae<'essory to the offense, it appears that the latter, wlwn sig·ning the minutes nnd the l'l'port forwurdccl to the pro\'incial gonrnment, whcrrin it was fa!:o.l')y st11trd that a lmnd of brigand.- had invaded the pueblo am! killt•cl tlw pn•sid<'nt. llunC"ag, a('tt•d umlt•r the impuls1· of in,,up(•rnhl<' frar of n l!l'<'atcr e\'il. which ('On.sistcd in the threat and intimidations made hy lluud<ll and his fo\lowel's aft.er the munlt·r of Pn•sidPnt Bun<·al!, whil"h s;1id inti111i1lations and tlneah Wl'l'e of 11 scrion.~ and imminent ch11rnl'l•'I". in \"iPw of the eircum:;tUll('l'S attl'nding- thl'm. and l'ausrd tht• othPr town:;people to suhmil. tlwrl'to as wt•ll as thP n•n· "on.; uf t\11• (h•1·1•ascd. Fur thi" 1·1•ason tht' dt•f(•mlant. !\ful!hanu,; is not .. riminally liable. 'nic law (lnt•s nol. t·o11sid1•r this 1h•f(•1HlauL l!llilty ;l!Hi ('OllSl''Jlll'lllly lw should ht~ m·quiltt•<L It i" 111'\"('l'tlwlt• . ..;,- to])(' nott•d that ht• a\lowpd 1•on"i(\t>rahl(• tinw to 1•a~~ \\'ilhout ha\·inµ: rf't'tifiNI thl' falsr n•porl 232 OFlnCIAL GAZETTE by giving the provincial authoritic:-; the real fads which took plac<', and that he issued a pm;sporl to Bumlnl in order that he might be ahh· to n•mo\·e to and land on olhN i,.;lands. These facts may be sufficient to warrnnt the pro!:iccution of this <lc>fendant for otlH'r off<•nses. whid1 howen•r arc not charged in the information in the pl'(~sent case. Tlw other defendants, Vic1•11tc Cond<•, Laureano Cayuo, 8elmstion Co!lllc. Leonardo Fabila, Antonio Tindoc, Nicolas Cardeiio. Crisanto Trinidad, Albc>rto Cureuern, Gregorio Xamoco, am! ).Jodesto Bunduc, have ill'<>n ucquittrd, and no appeal ha,·ing been taken against this decision the sentem·e i;; final and therefore the court ha:-; no power to tak1• any actiou m; reganls these ten defrnclnnts. Jn view of the foregoing, in our opinion it is proper to sente1w1• the accusc•d, Ignacio Bund11l. Tomas :Manwga, 8antia;:o :Madiong, Dionisio Conde, Pedro Elijnn, Procrdio Tionalcs, Domingo Car<lPilo, Vicente Bonbon, Gregorio Condr, Grrgorio Elijan, Ra;-.·mundo Card1•iio, Utffino {'ondesa, ,Jaeinto Bongar, )fodp . ..;lo Bun· due. Hamon Condesa, and .Juan Canh·ilo. ('llC'h to tlu· p<'nalt,\· of e11de-1w. l'erpctuu, with tlw ncriessory penalti<'s of <·ivil infr\"Cli('tion. and being i-mbject to tlw surHillan<'c of th1• authoriti(•s 1luri111! their lifclimr, nnd 1•\·eu in case of hrinl! parclonC'd of tlw pri1wipal penalty they shall ,;uffcr the penalty of ill.isolute perpctunl disqualification, and to be subject to the slll'\'eillance of the authori· tics during their lifetime, unless thl~Sl' penalties are 1•spl•1·ially included in the pardon of the principal prnalty. They are like· wise sentenced to tlw payment jointl;-.· and seYernlly of an indemnity of $1.000. Philippine cmTcncy. to the heirs of the deceased, und to the pu~·ment of om·-tw1•nty-.o;cvcnth pnl't of thC' cost.-; in both instnnces. It is held that the urnnesty of tht> 4th of Julr, mo~. is not applicilblc to the sixteen defcndnnts heeuuse tlU'~' are not comprised within the trrms of tlw »nmr. The dt•fcndant Fl'anciseo )fa),!bamm is acquitted, and onc-twcnty-se\·enth part of the costs shall be paid de oficio, thl' lh·cision appealed from being rev<'rsed in i-oo fal' as it conflicts with this decision. Let the record be returned with u <•1•rtitied copy of this de<"ision for the execution of the judgment. Arclluno, C .• J.. To1..-1•s, \\"illurd, ~la pa. arnl .Johnson, JJ .. Per ircDo:-ro1:G11, J., dissentin).!: The object of the uprising am! tlw killing of the presidcnfr ns showu in this case wns of a political natun•. Ht• had b1•1•n in ollicc about tw1•11ty ~·ears. and lwld ov1•r _aftC'r 8panish pom•r had ht>ell swept away. Th; 1woph• of the town were diYid<'Cl into two pnrtios, 0111• apnrrntl;-.· supporting tl11· pr('si(lrnt(• and his poficy, the otlwr against him, claiming that he had oppress('(} and Wl'Ongt•d the peopl1•. Tht> motiYt• of the acc11s1•1l was not robbery or pN;;oual revengr. but rntlwr to rid tlw pt·oplc of what tlwy drcnwtl the tyrnnny of an obnoxious olliciul-for during sC'n·rnl <lay>' 11ftp1· his th•at.h they guarded the trci1sun• of th<' towu am\ tlw hoU>'I' of the dccl'a:-wd, linully turning tlwm O\"(•r inta<·t aud without injury. 111 vil'w of Uwsc focts, I am of tlH' opinion that tlw ])('tition of tlw cit'fC'ndnuts to lw i1wl111kd among lhos(' to whom anuwsty was g-i\'C'll by the pnll'lanuition of th1• l'n•sid1•11t. i_ ... s1wd .July· -t. I !I02, should ht• g-nrnfr(\. B,\' thi:-; prod11111ntio11 tlw l'n•si1IPnt gnrntt•d p:ndon. amon;: o\.lwrs, ior all off('Us(•s politkul in tlwir chnrncfrr .. ~ which n•>'11lt1•d from internal politi1·al ft.mis or (\iss('usion . ..; amtmg tlu• Filipino>' thl•mst•l,·cs 1\nl"ing- citllt'r of said ins111Tt•dion~." This l'l"inw w11s (•ommittctl during- tlw p(•riod of ·tlw r('\"Olutiou,.. au<! :.:t'P\I" out of sneh politicid fend or dis:-:(•n:-:ions among Viii 11inos, 1lll•I tl11•n•fon• tlw d<'fr•1Hlanls an• (•ntitlt•1l tn tlH' lw1lt'lit ... nf thl' p1·o(•lamntio11. . /11dym<'ll/ 111m/i/if1/. [~u. ~1\2. Januu.ry ~. 190-l.j l.f.lf-.fl"('O. plainli/T a11d 11p1wl/rtul. rs. {,/Jf-l".·\I'. drfn1dn11/ 11111/ 11/)/)l'f/,.,·. I~~r1:,1~<·.:; l!or11n: b~l.'.l:,\~1·£.-Thc pluintitI uppliecl to the l\KC'llt oi uu inHLr· 11nec con!Jmny for in.<urunce on n curgo of rie.;:. The ugt•nt is.,m•c'l no [>olk~·. but gn1·c him 11. letter 10 the insnrnnre compnny conlnining n H11.teml'nl th11t lhc (•jlrgo w1L~ in~urc<I. Shortly 11.fter the pl11.intitTupplil•d to the dcfl•nc'lnnt, the agent of 11.nother insurance compun~·. and obt.uinc<I froo1 him 11. poli(•r of insur11.nce upon the s.ame cnrgo. Thb policy wns not 1\rnwn in thi.: form pre~crihcd by the Coc'le of Comwercc. The curgo wns Josi 11nol the lil"l'I cmupu.ny puid the loss. Subsequently the insure•! sued th<" ugl•nt of the ~Cl'· ond con1p1my for the vulue of the rice lost upon the ground thut the J>Olicy issucil by him wus 11ncuforeeablc on account of noncomp!i11.ncc with till' legal requirements IL' to form, 1md that the agent had f11.il<.<d to l1ind hi., principal by the policy issued. Ilrltl, thut the prohibition ugoiu"t donhle insurnncc pre\"ents u rceon~ry, and that the llr.;t compnny hnving pnid the amount of the loss the nnenforeeabilitr of the sccoud (Jolicy does not gil'e !he insured 11. right of action ngainst the agent of the second com1~1n~·. .\l'l'EAL from a jnd;..:mr11t of tlw Court of First lnstancl' of )fanilu. Tiu• faC'ts an• stat('(\ in tlH' opinion of th<' (•om·L L. I>. IL\1m1s nwl H. 8. )h:Dot:GAl.I., for appcllaul. D.n1s & <'<mx anJ .-\1.1n:1no BAllRET'ro. for app<'ll('(•. Tomu:s, .f.: Tlw plaintiff. Lim-,lnl'o, ,,ul'll tlw dC'f(•\ulant, Liu1-\":1p, for tlamages in tlu• ,,um of l:J.000 p1•so,, for \)r('al'h of a coutraet lo insun• 11 cnr:-:o of ric('. The- defrndnnt in hi,; 1111s\n•r t!Pnicd that lw was nndcr any oblig.1tion to pay this ,,mn, upon the gl'ound that tlw scl'oml contrnet of insnnnwc repn·s1•1Jt(«I hy tlw policy i11lr(J(l1t1·t~tl in 1"dd1'11ce h.v the plaintiff is Yoid. The court lwlow, in vit•w of the l'\·idcncc adducl'd by the parti1•s and in co11si(h•n1tion of th(' facts ad111itt1•d and agn•l'tl upon bctwct•n llll'n1~ l'<'JU[l'!'('d judg1111•11t for th(• tl1•ft•ll(\ant, \\·ith thl' co.-;ts against th1· plaintiff. The eomplaint upon whid1 it i,; sought to n•co\"t>r this sum of l:l.OOO Jll'SOS as damag1•s is ba .... l'tl upon tlw failnn· of the defendant lo ful!ill his obligation of t>x1•cuting n \"a]i(\ alHI 1•11forcmhh• polfry of iu.-;nr:UH'(' upon a cal'go of ric(', Thi' pal'ti1•s litigant agree that loug prior to ,Jmw 14, l!lOO. when a contmct of insurnncc• was 1>11tt•rt'd into b1·twccn thl' plaintiff. l.im-,J11Co. a1Hl th(• dcff'ndant, Lim-Yap. as n•pn•,..(•11lnti\·1• of thr King Yuen lnsm·anc<' Company, Limit('d, insuring :l,000 ,...H•ks of ril'e. \'<tilll'd at l:J,000 pesos, lmuh•1\ on tlw hnl'kcntim· lfryistro. tlw,\' had t•ntcn•d into tlw agTt•em(•1tt which appt•ars in ~1·l·tio11 !I, page i of tht• bill of 1•xc1•ptions. This H,!.('l"N'llll'llL th<> plaintiff <·011h·111ls, constituted a coutriH-l of insnrnncc ht•l\H•t•n him and th1• lirm of (;l'rnmun & Co .. the agents of La Fclh•nli l11s11J"allc'I' Compau,\·, for thr insunmel~ of tlH' s11111c :~_.000 s11cks of ri1·(• ahon• rl'fcrn·d to for their total \'11111(•. Tiu· brig" in q1wstio1J. whil'h saikd from tlw port of Dagupan .Jum• Ji). l!JOO. for this cit,\·, enrrying tlw :!.UOO sa(•ks of l"ict• so i11,,.un•1l. was \ITl•ck1•d on tlw follO\\"ing d11y. tht• J(ith. lll'lll' tlw port of \"i;:an. Island oi Luzon, tilt' cntin· ('argo h(•ing lo.-<t. On the I 7th of the sanw month Pio Acosta. tht• >'kippt•r. tng"\'tlu•r wi111 somt• of lhl' rnt•mbcrs of tlw . ..;hipwreckt>ll \"t'""('I, t•nll'l't'(i, lwfon• th<• custom>' i11sp1•ctor in till' port. of Yiµan. a ship's pro· tl',,t in d1w form. with rPspt>d to tlw >'llid shipwrt•ck. l 'pon tht>ir anh·a\ in this C"ity this prot(•,..t wa-. l't']H'ai<•d lwfon• 1 lu• notnr,\ puhli(' Enriq\I(' Ba\"l"('l'<I. Of all th(',..(' f,Lds tlw df'ft•rula11t harl imJH('(\iafr uot.ic1'. Tlw plaintiff has hl'l'll t·o111pl1<t1•ly i(\(•muitk1! fur thl' loss of tlw :1.000 sacks of ric<' wl1frh W(•Jlt down i11 th1• \l"l"Pl'k of tlU' bri•• Hr•yi.~lrv. On tlw I Ith of ..\11;:11."'t. l\Hll. lw l'<'t'l'in•d from th~ firm of n(•nnatm & ('o. tlw >'\\Ill of \;l,OOO Jll'"'o~. tl11• nmount of i11."'n1· .. 11e" unci('l"\\l"i!tt•n by that lirm in fa\·or of th(' plaintiff. 1 l\ill ,of l'V'1•pliu11"'. pp. li nwl 7.l Tlw lll:lllllg't'l' uf till' tinu lt' . ..;tj . li1•d In lhi>' fad. ;llul -"'tHtt'1I th;t1 Ill' hat! \\Titlt•n 11 lt>ltl'r to tht· OFFICIAL GAZETTE 233 de(l'mhmt notifyin::r him thnt he Imel pnid tlw amonnt of the in1111rnnr<• on the Jost rict• helouging to thr plaintilf, J~im-.Juco. Article 782 of the {'odt• of Cormnercc 1n·o\•ich'>; that if different oontrnc~b of insurance h1n·e heen c>ntm·cd into concerning the sanw thing. in the 11h,;ent.-c of fraud onl.\· the first <.'Ontrnt·t shall 1mb· sist, 1n·oviclc>d it covers tlw full vnlm· of the thin~ insnr<'d. 8ubl'll'fJUC'llt insurcni 8hall he rl'licnod from responsibility, ;rnd receive mw-half of I J>l!r C<'nt of the amount insurrd, If llw first contract doeH not covt~r the entire ,-,due of the thing insured, then thr liability for the exceJ.:s t>hall fall upon the sub8equent insmers in order of priority. The only error 1111sig1wd by tlw nppellnnt is that the court crn>d in rcndl'ring judgment for the defendant ancl in imposing the costs upon the pl11intiIT, Lim-.Jneo. The plaintiff Im~ noi dC'numded from the defendant, l..im Juco, the value of tlw l'ie1• insured b~· him 11s 11gent of the Pam1g Khl'an Guan Immrnnct> Com11an,\·. Limited, nor has he affirmed m· denied the validit,v or (•nfor<'l'nhilit~· of thl' policy l'Xt>cutl•cl in his famr by the dcfemhmt, notwithstanding the fact thai it was the second eontrnct of i11sum11ce upon thr 1111111c thing. The plaintiff, Lim-Juco, rr11lizing th11t no action had 1wcrucd to him and that his policy was unenforceable from his point of vicw-th11t i.1, for the reason that it was defccti\'c in form ancl noi because of the exi11tence of a former contract of insurance cov<"ring the same 3,000 sacks of rice-he commt>nced this suit agai1111t the insurnnee agent to rt>L'O\•er damage's for the nruount of the injury oecnsioned by the loi1.>1 of the rice. 'l'he action wiis b1111ed upon the alleged nullity of the pulic~·. whieh in the opinion of the pl11i11tilf Wits deficic>nt nnd hacl be<'ll l'Xt.>cuh·d without the fo1·malitics required by law. \Ve do not deem it necessary to make any tlccision 11s to tlu! conclitions of the said poliC)', ina11much us tlw plaintiff has not sulTert>d damage• by t't'nson of the> d<"ficiency resulting from a failme to comply with tlw formal requisit<'s 1n·l'scribcd by article ;as of the Code of Commerce. The uncnforceabi1ity of this policy, e\•en if nil the lega1 forma1itics lutd been complied with in its execution, is due to the prohibition estnblis)J('(l by the law against the donbll' r<'co\·ery of tlw vnluc of a cargo of ]ll'Operty insured and lo!it by any maritimP ucchlent. It is a faet disclosed by the e\•id<'llC<' that the plaintiff hns r<'CO\'l"red the e-ntirt> llmount of tl1e value of :J,000 sacks of rice insured and subsequent1y lost by the wrecking of the \'CSSl'I. Thl'refon>, in uccorclnnce with the pro\•isions of nrticl<' 7R2 of the Cod<' of C01mm•J'C(', the- 1wcond or subsequent insurer, tlw d<"fend· nnt h<'l'Cin, is free from 111! liability. The law will not permit Lim-Juco, aftrr ha\'ing coll<'ch•d from Germann & Co. 1111 nmoimt in '('XCCSS Of the \'lllUe or tht" J"icc insured, to COIJ<'ci for thci iwcond time> from n second immrl•r. The latt<'r'~ obligation in tlw prt"mises hns been nnnulled by t.hl' pro\•isions of the law. It is unneces1\1Ary to discnss tht• <'onditions of Uw t.'Ontruct of insurance r.i.igt1ed b~· GN·mann & Co. on b<'lmlf of the 1',edernl ln,;nrnncl' Com1mn~', in \'icw of the unq11c>sti01mbl<' fact thnt the plaintiff collect<'d und receh-cd from tlui said firm more than thl' 1•11tirr value of the rie1• lost. For this re1tson, whatever may havl• been the d<'f<'cb; in the policy issued by the insurer, no action luh1 aC'crucd to tlw phtintiff for the rl'covcry of llamagrs. UJIOD the facts of tlw eusc there is no Jaw which snnctions such an nl.'tiou. lt is 11 dcmnnd us unju11t 1uc it is immorn1. 1rnd ~(>('ks to l'lude the prohibition of ll doubll• rt•L'OVl'I'." of the vahw of proJJerty insured. As thl' Sl'Cond contract of i11sura1U'C' 1•nh•1·l'd into is null and \'Oid mul tlwrl'fon., 11,· l'Xlll't•ss pro\'h•inu of llw lnw, 1wodm!t•!I no obJi. /.!'ation with n•spl•ct to the Chim•sl• l'OlllllllllY r1•1wesC'ntl'd by tlw 1\t•(1•1111nnt, tlw plnintiff hnvin:.!' r1•ron•rl'd llll' totnl nmount of tlw insm'lll\l't' from llw Iii-st insm·pr, lhl'l'C' is no ll':;rnl l"f'RKOn upon whi<'i1 tlw ngl•nt of tlw compnny mn h1• compl'lll'1I lo pn~· the J;)6:JH--2 amount of the !l<'COn<l poliey of insuranc<', from wliil'h. 11..; ahon• stntecl, this ngrnt was frl'Cd h~· operation of hlw. Xt•itlwr ciln 1U1 11clion for dnmai,re bl' sncet>ssfnlly maintainc>tl ni:ainst Ow ngn1t. ns non<' of the llrticles of tlw Code of Commrrcl• which deal with commission 11gt>nts,, factors, and Cll•rks crl'att> such .m obligation. Xor is .!CUeh nn obligation cn•al<'d b~· 1111." of the arti· cles of the same Code eom.-erning- marinl' in,;ur11nct>. For the reasons given, the action ai.,111inst tht" cll'f<'l1dant, LimYap, is dismissed und the judgment below uRirmed, with the costs to the plaintiff. ,Judgment will be entered and the case rl'lmmdetl to the court below, twenty days from the elate o~ the notific:1tion of this decision. Arella!lo• C .• J., Cooper, \\'illnrd, ).lnp11, and ).lcDonough, JJ .. concur. Johnson J., did not sit in thi11 cnsc. Judgment a{finned. [No. 1444. February 4, JOOI.] 1'1/f) UNIT/:JD S'l'1l'l'ES, compkti11a1it cuul appellee, t·s . .SEl"l:JRO 1LMJA:VTA.R.1 E'l' .-lJ,., defendants and appcllm1ta. Ca1x1,..A1. I.Aw: HJllGANDAGE,-E\'idencc that the defendants nt the time of their capture were In company with R band of nrmed men known to be engaged In the robbery of personal propert)' Is sulliclent to sustain 11 convletion upon a eharge ofbriganda.gc. • .\PPJ<;AL from a judgment of the Court of First Instance of Rizal. The focts nt'I' st11te11 in the opinion of the (•ourt. )IATIAH SA:SCllEZ, for appellants. Solic-itor-Gcncrnl ;\R,\:S~"TA, for nppcllcc. JOHNSON, J.: 1'hc a1·eused were charb'"E!d with ihe crime of bandolerisnw. They were tried in the Court of 1''h·st Instance of the Pro\·ince of Rizal on the 6th day of April, 1903. When they were 1n·raigned before the Court of First Instance of the Province of Rizal, Bernardo Gomez plead guilty to the charge and was then 11nd there sentenced to be imprisoned for the term of twenty yeurs and to pay the eost!i of the said suit. .At the conelusion of the trial Severo A1cantnra and Roman de ,Jesus were each found to be guilty of the· crime charged in the comp1aint and were each sentenced by the court: Se,·ero Aleantnrn to be imprisoned for the term of forty years and Roman de .Jesus for the period of twenty years. Roman de ,Jesus 1110,·ed for a """' trin1. which new trial was granted on the 29th day of April. 1903. At the conelusion of the new trial on the 17th of July. 1903. the court found Roman de Jesus guilty of the crime charl?ed and he was agnin sl'ntenced to twenty years of imprisonment. The l~vidcnce 11dduced in the trial showed thnt Se\·ero Alrontnrn and Roman de Jesus nnd Bernardo Gomez Wl're captured on or about the 8th day of Fcbrmny, 1003, durin:;r n fight whieh took p1ace between the Constabulary of the Pro\'incl' of Rhml and the forces of General San Miguel. in m· n<'lll' ('orrnl ~fL\·nto. The evidence !!hows that th<' (•ompnnions of Ran ).Ji~uel numbered from 300 to 400 o.rnl<'d men. Thl'lll' nwn wrr<' armed with bolos and gun;; und W<'re under the l'omnmnd of General San Migu<'l. The evidt>nre s}1owt>d tlmt the h1md hnd freqn<"ntly visited the hnrrios imd put>blo.<; in and nt"nr the> C'orrnl ~11,·nto for the purpose of robbin:;r nnd all'lo for thr purpo01e of <'Olllp<'llinir the pl'ople therein to pay tl"ibut<' to thrm. Tht> l'\'idl'n('(' showr:i that 1u1 a r<'sult of th<' fi~}1t. 0l'neral 81111 !"ofig-n<'I nml his for<'<'ll Wl're drh·en out of tl1C' l'Orral nnd umny dOC'111Ul'nts wrrl' found 11i:;rn<'d by Julian R:mto,; and otlwrio. whi1-11 (•lt•nrl~- ,;howl'cl tlw unlnwfnl cxistene<' of the bHml. It w11s r;hown that thrior dn<'nments had hl'l"n signed h~· .Julian Rnntos. h~· a pcr"l'ln wl10 was fnmilinr with his hnndwritin:.!'. Thl' t•\·idl'IU'<' shows that during the fig-ht t.wn members of 1111' Constnbuhiry. onl' offi.1•l'r :md one' soldi1•1·. were killed. Tlw 234 OFFICIAL GAZETTE c\·idencc c·karly ,;how-. that 8an :\lij!'tH'l wa..; present and took parl iu the lil-(hl. The d1•f1•1Hlant Boman de ,Jt•,.rns swon· in hi>; own lwlmlf and ,.mid that IH' wa,; a laborer. was mun• thau 40 ,n•ars ol(\, and IHHI Jost 01w hand hy un ac-('iclc•nt ,,omc ,vcar:< hc•fon» J-h· sai<l that he• Juul hr('ll se1;m~slc>n•d hy C:1•1wrnl Han :\lig-nel's bane! bccausl' of tlw fal't that 11wy suppo.s1•d him lo he a :;c•crC't policeman of th<' . .\nll'ril·aus. This t1•sti111011y was not lwlit•\'l'(I by the court h<•)O\L /-i('n~ro .\h·anblra also tf>stilil'cl in his own \)('hnlf and »lall'd tlint IH' had b1•1•n a pri~one1· in Uw )ll'O\'indal jail of the L'rovinct• of Hizal charged with tlw l'rinw of unu·dl'I' arnl had 1•scapcd am! had gom• to his hollll'. wlwn• \w \\·as sc11u1•,,lN1•tl by the m1•111IJC'rs of Hirn :\Iig1wl':; baud. !fr "lainw1I that at till' time of the attack he was not a m1•mhP1· of the band nor couneefrd with it in anr way, but :;imply happt•m•d to U1• mixed up with it al the time of the l'llg'llg'C'Jlh'lll lwtw1•1•11 it and tht• Constulmlury. lie was trying to nu\ away from that plac•p at the timt• lw \\'''"' 1·aptun•d. ln the> Ile>\\' trial of Homan d(• .J1>s11s an allC'mpt was madt• agaiu on th(• part of th<' (\t•frmlnnt to prm·<' that lu· had hrrn srq1lt'strred. llis wifr \\·ns eallecl 11s a wit1wss and sh(' h•:;tificd thnt her huslmud had IJl'<'n enrried uway by som1• persons whom sh<' did not know. Hlw 1·ould not remember the date nor the month when this fael took place. The t•om·.t below fonnd this e\•idell<'I' wns not to be b(•lie\'('(I. The court below saw nlHI lll'urd the witnrssc>s imd we find no reason for taking a tlilf('n•nt \"icw of facts. Prml1•1wio Zalazar W;\s also «llllt•d as a witJH'ss for the dcfcncl' in tlw 1ww trial and h•stili(•d that Homan d(• ,f('s\ls had h(•en sequrstrn~tl hy some Jll'l·sons in tin• month of Fl'hrunry lust. This. howevl'r, was eontnll',\' tu the ,.;tutl'm(•nt of llw wif1· 1rnd certniul.'' was not ('onsidC'n•d us lun-inl-! any \l'l'ighi hy tlu· trial court. Thl' e\•idem'l' in tlw foreMoing ras1• j111'tilil's ih(• following conclusion: I. Thal a band of oll'llll'Ci ll\C'll 1•xisted in ilw l'rovincl' of Hizal. eompos1•d of from 100 to 400 men. 2. Thnt said hand was nruwd with guns und bolos. ' :t That said bane\ wns organized for tlw pnrposC' of rohhing p<'rsonal property. 4. That snid band die!, at \"lH"ions timrs. ,go out upon the highways I) ml rob pcrsonn I propert.''. fl. Thai thr said ae1•11sNl hcrl' wrr<• m1·mh1·1· . ..; of tlw said hand ni th1• ti11w of their anl'st. Thrn•fo1·<' t.Jw S('lli<'ll<"t' of th1• l'Olll't IH'IOll" i,.; hc•rl'hV allirnwd with the 1·osts in hoth i11stu1wc•s. . Arellnno, C'. ,J.. Torres. Coop1·1·. \·\'ill11l'IL 1Iapa. and :\h-Donough. ,J,J .. t·om·m·. ./udy111('11f a.flirmn/. [:-lo. 1:..l!l. Februnrr 11, 1904.) '1'118 /I.\'/'/'!~'/) N'/'..l'/'/-,'N, mmp/uimrnl 111uf <tppdfl'<". I'S, />.l[f/,/.\'() U.l IU'J..I R'I' :I/, .. <lr(f'll<faul.~ roul 11111wllallfs. CnDlll'i'Al. J,Aw: BRIGASl>Aca:.-Sce ffl<'ti< in this cu.~e heltl sullicicnt to support R com·lctio11 for brii.:andagc. .\PPEAr, from a j111lg11w11t of th(• Court of First ln,;lanc(• of :\li111lo\'(l, Tht• fal'1s ~ll't' >'lalt•1I in tlw opinion of !ht• eourl. F~:lL\'AC°'\PO llE f,A ( 0 AX'n:1t.\. for ap1wlln11ts. ~oli(·itor-(:('w•rn\ Al\AC°'\ET .. \. for appl'lll'•'· \\"11,1.Allll •. /.; Thnt till' (kft•nclant-. all ht•loug-(•d tu llw ham\ of \'alt•ri11110 <:asic· \\"Us not cli . ..;pnfrd. It. i>i (·lninwtl. l1mn•\'t•r. that althoug11 ii wa-. pron•1\ ll1al this hancl (•onsislNI of thirl,V·fi1·1• mc•n. all n1·111p(\ with ;.r1111s. ihnt it wa..; li\'in;.r in llw rno1111tnins. and tlint it a,:.suulf('d llw lo\\'11 uf :\auju11. ,;c•i:1J•d and 1•11rrit•d off ,.;(•\·1•11 of th(• iuhahi1au\,.., foul' of wliom it nf11•rw;11·d..; kil11•d. ,\'l'I i1 eommiltl'd no rohlierfr.,... Thi' t'\'itll'tll"I' :;hows tlw t·ontrary. Thi'_\" c·anit•d away from tlw publi1· huiltling of :\11uj1111 a tnmk 1·011taini11).! morn·y. .\l th(•il' (·amp tins 111onC'." was ili\·i1kd among tlH' mt'lnh1•r,; of tlw born1I. OnlN:; 1n•rc• gin·n from tiuw to tinw to differ<'llt llll'IHlwr:; of tlH' party to go from the ('<llllJI lo spt•t·ili1•1I phH·('i'i ;Hui M'i1.c tlu• pulu!J tlwre )<J('atcd. Tlw band in IJUPl'ilion conw:; withiu artiel<' I o( .\et :\o. ;)JS aud tlu• jmlg1m·ni of thl• 1·0111-t h('low impo,.;iug tlw 1wnalty of life impri...;onment upon tlw 11ppt>lhrnts is t'unlin1w1l with tlw t·osts of this inst111we ugainst tlll'm. . .\.rt>llano, C. ,f., Tones. l'oopl'r, l\lapa. :\leDonough. and John· :;on. ,J,f., eoncur. .Jud,qmc11f 11/fi1·m<"d. [~o. 1361>. 1''ebruury 12, 190-1.] '/'llH L"Sl'l'H/J IS'l'A'l'L'S, com1Jlflim111f 1111d (//!IJC'll1•1·, t:-9. PHEIJ FN/~'/.1/{,''f'll. d1·((')11la11/ am/ rl/)/J('lfmrf. I. CtU.lllNAJ, J,A11·: 1''A1.s1nc.1TION tW Pt·111.1c DuCU'1J,::-;"1'.-0nc who indut•cs other.; to sign the muncs of third 1icl"!lons to 11 p11y roll. but. without nttcmpt· ing to imitate the genuine signutures. cun not he t'om·ictcd upon 11. C'harge or falsifying El 1mblic document. l'l'I' ('ooPt:u, ./., dissrnting: 2. ID.; 11>.-0ne who induces others to sign the names of third person;; to a J>ll)' roll, even withoututtempting to imitnte the genuine sig1111.t1;rcs, is guilty ofu fo.lsiticlltion hf cmL~ing It to llPJ>Cttr thut persons who took no put in the muking of the pny ro\l l111d p11.rticip11.ted therein. .-\PPE.-\L from a jndgnwnt of the Court of First Jnstamce of :\laniln. Tlw fas.•ts an· stutt·tl in tlw opinion of the conrt. HAlt'l'H;A.'\, :\lAUl'U:, So1.wx.H", :\lcCAll1' & Gt:TIEllllEZ, for apprllaut. So]i(·itor-(:(•lwrnl .-\1tA:»ETA. for appellee. \\'ILJ,.\llll . • /.: Tht• ddl'IJ(hllll is l'liargcd with havini; falsified a pnblie dol'U· uwnt \.Jy eounll•rfpiting antl feigning the ><i6111atures of Chark:-; Bruggert, \\'. I•'. Farrow, and otlwr p1•rson>< to a pny roll. At. thl' tinw i11 qtwslion the (l<•frndant was a <"ll'rk in tlll' olliel' of Olli' Bl•han. t.hc• dishur.iiug oHil'CI' of ilw Bounl of 1-h·alth of the eit,\' of Manila. The eYide1we shows tlrnt ht• did not sign the names of nny of th(• person:; nwntioncd iu I he eomp\aint to the pny roll. b11t it. do(•s :;how that tlw witm•s:-; Keum·dy signed the mmw of <"lrnrlt•s Brngg1•ri at tlw n·11n(•:;t of tht• (h•frnd1111t and that the wit1wss IJ;n·is :;igiwd llll' 11111m' of \\". F. I•\1rrow. 'l'hl'n' 11·:1" no atkmpl whatt•\"rr h,\' (•itlwr K1•111wd~· or Davis to imit11tt' the ~i·~';:~~~:~:sa~:. ~~11;~1i:7.;;.'t111;1•(;~c·F:111;::(';~111:::~::· ~~;,:~~t\:11'.~:: ~1;·~:::.~::'· Jl~:~ son><. Tlw cnsl' is fully t•lfft•n•d h,v former decisions of this <·ourt. (L'nitl'd Hlat(•,.; 1'.'>. But•mn"l•ntnrn. I Off. <:az .. 446; Cnited Htntl'>< r.~. B1dmori. I Off. (;az .. 18:!; L'nitt>d 8tates rs. Parniso, No\". 1:~. l!JOI; l"nitt·d Htatt•s r.~. Rocpu', I Off. Uaz .. :!50.) Tlw judp:IH('llt ii'i r.-1·n,.;1•1I anti tlw defendant iu·tpiiUt•tl with ihe t·o.~ts of hoth instalH'l'S de 11/ici11. .\n>l\ano. (' .. J., 111UI :\lapa .. r.. 1·onNll'. Torn•:;, ,J.. c·oiwm·s in llw rt•snlt. ('001••:11 .. / .. 1Jb,,1·nt.in:;. with \\·hom l'OIH"nrs :\kDoxot"<m . . /.: Thi· dt'ei..;iou in this 1·aw ha" l)t'<'ll madt• to turn 11pon tlw 11111·.~­ tio11 wlll'lh(•1· thl'J'(' \\'as HI\ imitation of tin• "'i,!!'m1t11n• uf !ht• parlit'" who>'t' nauu•:; 11·t·r1• pl:1t·1•d on tlu• par roll. nm! fnnm·r 1lp(·bion:; of this l"Olll'l han• ht'<'H 1·ilt•1!. \Y(' 1lo uot think that th(• fJUl'sliou of imit;itio11 of "il!ll<tlun·,.. is in\'oll'C'd in tlw 1·n~t'. \\'hilt· it is allt•g-1•tl in tlll' 1·Pmplai11t that iht•l'<' \l'H,.. ;I c·o11111l•deiting- nnd fl'i).!11iug of till' ,,j,!!'ll!liHrl's of 1·1•rtai11-1ia1111•,\ 111•r,..on,.. tu tlw pay l'oll. arnl p1•1'11;1p,.; tht• 1·0111plaiut UFFICIAL GAZETTE 235 in thi,., l"l"'!Jf'l:l would ha\"e hc>(•Jl ,;uflicit•HL to han• sustuhwd Ill!' 1·011\·ic•lion. stil I. 11nd('!' Liu• c·omplaint tlic• off1•mw eharµ;C'tl \\·as not only lhf' eotllltf'rft>iling ancl f<>igni111! of tlu• ,.ignuturC's but it wa,.; for fabifying au oflic·ial doc•uuwnt ··b~· inf'iuding in th1• ac·t of making said pay roll tlw parlieipation of tlw said Jast-nanwtl pp1·sons. when in truth an<\ in f;u·t said Jast-naml'll persons had no participation iu tlw al'\ of making s11ill pa~· roll."' The indict· mC'nt perhaps was dc•mnnahlc• ai- c·omfll'ising two disti1wt offe>ns<>s. hut was ch•arh· ,.;u!Jic·it•nt to sustain a 1·011viction for the falsificution of a puhii1· dol'llllWnt mHll'r elaust• :! of arti<'lc> :mo of the Penal Cod<', whic-h makl'S a public- olfo·ial guilty who. taking adrnntagc of his oliidal <1Ulhority. 1<hall ('Olllmil a falsification: "2. By iiwl11eli11:.r in any aet tlw parlil'ipntion of 1wrson!'i who had no such participation." ·nw tr!'ilimonv ,.;how . ..; that tlw clrf<>nd1rnt. Frl'imuth. was l'mployc<l as clerk. untl chief tinwke1•pc·r for tlH' Board of Health of tlH' Philippine l!'i)und;;; that on the :,!;ith day of .fun<>. 190::!. in the city of "Manila. ht" took :ulnmtag<> of his authority and po:<i· tion us such ollicial. his clnty being to s1•1• that tlw pay rolls of 1 lw ])ppnrtnlt'nt W<'l'I' prope•rly ;;ig-1wd and e<>rtified. <lilt! nHHlc> ont a se('oml pa)' !'Oil s1•\'l'l'al 11·f'1•ks s11h,,c•q1wnt lo tlw making of thr original pa)· roll. and Jll"O<·lll'('(I oth<'rs in tlw ollice to make tlu• signalun•s in e\iffc>n•nt handwritings of the mc>n whm:c• nanws w1•rc> l'Ontained on Ow original pay roll. and I.his SP:l'ond pny roll. aft('!' it had bren signed up with the> nanws of the pt'rsons who had sigm·d the original pay roll. wus attl'mpted to he used by one• ,James Behun, dishursing officl'r of tlw snnita1y d<>p11rtnwnt. to defraud t11f' Go\'('l'l\llH'nt by using ii as 1t \"OU<'lwr and obtainingcredit a g('(•ond time for tlw amount for whieh lw hael l"f'C'l'h-eel cr('dit on the original pny roll. \\'e think ,the proof fully sustains the (•harg<> and that the d<'fl'ndant is guiltr of the> fobific>ation of a puhli<' c\O('llllll'llt under l'ianse 2 of nrticl<' :JOO of tllf' Penal Codi'. ,Johnson, J., clid not sit in this <'ll!'it>. JJcfcndant r1cq11itlcd. [No. 1480. February 16, 1904.) 'I'llH UXl1'f:J) S1'A1'HS, complaina11.t, and a71pdlcc, r8. FR.IS('/SUO nl~ J,J CHt'Y, R'/' :\/,., defcndm1fs und appdlanl.s. Cn1~11N.\f, LAW; B1miANIJAGE.-g,-idencc that the defondnnt wa." a member of u bnnd of robbcrn composed of more t1111,n three nrm'-'d m'-'n i~ ~11fficient to sustnln 11 eon\'lction of the crime of brigam\nge. APPEAL from a jue\guwnt of the Court of First lnstaJU-f' of Bulacan. The fa<'ts are sta~erl in the opinion nf t lw 1·nm·t. ,J. X. \You·so:x. for HJl]ll'llants. Solil'itor-U1•11(•rnl A1tA:XKI'..\. for :1ppf'llc>1'. .ron:xso:x . . !.: Th(• d1'1't'11tlan1.s in thi.-< 1•:1,.;(• 1•a1•h \\'l'l'I' e·h11q,:"('(I 11·ith th(• t·rinw of bamlofcl'i.<;1110. Thc> 1•\·idl'llf'I' sho\\·,; thnt. tlu• s;lid d1•fl'Hdnnls and l'al'h of tlwm had bl•t•n for sonw month!l. prior t.o th(• lll!lllth of l•'1•hrnarr. rno:1. tJH·mlwrs of th1• nilnnle('rs; that tlwy. with twl'ntY-two othns. (\(',.;t•rt.<'d from tlw snicl Yol11nt1•f'rs in t.lw month of l·'l·i1rnan-. 190:!: that at thl' tim<' of tlwir 1l1•s('1·tio11 lhl'y look with U11:m Uwir guns am\ soml' am11111nit.ion: that. 1'ad1 of llw thre'l' a<'c·ns<>d ll'l'l"I'. at diffNt•nt times. fomul in a hand in tlw 11H11111tains, whi(·h hand wns pron•n to hi' a hand of hrigaJHb; that 011 s(•n•ral ew(·asions th1•se Hl'l'll"('1I. togdlwr with otlwr 11w111b1•rs of llll' haml. 11·<'1'C' ,.C"e'll in diffl'H'ni p1whlos elt•mancling ri1•(• and 111ou1•.v of llw inhahitant><. Xot. only d(ll'S thl' l'\'i(il'llC'l' show that UH' lmnd to whic-h \lit' lll'l'\ls1•d h1•lol!J!('(\ 1•nlt>J'e•c\ pm•hlos 1l(•J1mmli111! rit·e• :111d 111om'.V hl1t it abo ,.;hows that t.ht',\. ~·nh•n•cl honsl's for !he• p11rp11se• of rohhinµ-. :1ml tlrnt it>< 11w111ln·1·s \\"e•r1• ;ll'llll'tl witl1 l,:'111\s :11111 n•n1l\"l'l'S. Tlw l'Vi1ll'llC'<' furtlu•r ... how:• that on om• twl'asion t\H'y "~'ill•'><· tered thl' poli1·emc>11 of tlw town of :\lalo\os am! l'UlTil'd tln•m off to the mountains anel dl'tailwd tlu·m tlwn• for som~· tinw; am! tlrnt th<' hand was und('r th<' l'Ontrnl ancl dinwtion of one Dalmacio Caamhol. who had hel'll appoint('(! h,v Gl'nl'rnl Han Miguel as 11 lil'ntc>nnnt of t-hat particular bancl. The• dl'fl'ndants introdm·<•cl 110 ('\"id<'m'l' in tlwir own hl'lrnlf. The l'\"idenc1• in thi>< ms1• jnstifil's thl' fo\lowinJ! l'On(•\usions: I. That thel'l' l'Xistf'(l in th<> ProvinC"f' of Rizal. in the month of Ft•hniary, 1903, an arn\C'd band. <•omposrd of thl'C'e or morl' )Jt'l"SO!IS. ~. That the purposl' of tht> said hand was to rob C"arnhnos and other personal propl'rty. :~. That the three ucrus('{] ''"<'re lllt>lllbl'rs of snid hnnd. Thl' scnU•nC'c of thf' Court of Firf<t Instnnl"f' of the Pro,·ince of Riwl is thf'l·<·forc> allirnwd and tlw suid dcf1•1ulunts and <>ad1 of tht>m nr<' hNt•h,\" s1•ntf'111:cd to be> imprison<'d for th<> t<>nn of twc>nty yrnrs . . \n·llano. (', .r.. Torres. Coopl'r. \\'illnnl, :\Iapn. uncl ~kDon­ ough, ,J,J.. f'Oll<"Ur. ./11df111w11.f a,ffirm('d. BUUEAU OF ,JUSTICE. Tiie llnion S111"(>:ly a11d G1ia.ranty Compan11. 0FFIC~: OP TlIF, ATTOltNF.Y-f;EXERAL, .llanila, P. I., .l/a.rch q, 190.~. Hm: Will .nm pl<>as1• olJit·ially puhli;:;h in the 01-·1-·1cIAL GAZETTE that the nutlwrity of thf' t:nion Suret;\' and Guaranty Company of Philadc>lphia to do business in the Philippinl' Islands has been rnvokl'<l, and thnt th('y liil\"e lwl'n prohibited from transacting any nc>w businesf< in suid Islnnds as provided in section 4, Act No. .);!fi, of the Philippi1w Commission. Vl'ry n•.<;pf'C"tfully, (~HE1:01uo A1tA:XF.TA • ..lctin,q :ltlor1w.v-Gc11cml. Tiu• l•~JllTOlt OF Tin: 01"J•'ICJAI. GAZE.l'rl':, :llmiila., P. /. BUltEAU OF CUS'.l'OMS AND IMMIGRATION. 'fAIUF~' l)}:CISIO:X CllU'l:l.AllS. Ko. :174.-(/) Simm. n1gin<'; (.!)boiler (//Id dct11rhcd pat·/,,. ~f..\.NIL,\, Pcbnwry 11, 1904. 'l'o nil (,'olkctors of (Ju.\·lom,,: TIH' following il'i hcrch,\" puhlisl!('d for the information and guid•UH'I' nf all l'OIH'l'l'lll'd: ··Jn th(• nmtt1•r of J>rotf'st ~o. Jtil2, lil1'd D1•e1•mhl•r !l, l!l02, b,· :\les ... r . ..;. \Yanwr. Banws & ('o., ill.!ainst the cll•cision of tlw Coil1•(•tor of ('ustom,.; fnr tlw Philippi1w Islands. ucting ns ('o]l('Ctoi· of ('nstoms for tlu• port of :\lanila. a;, to tlw rnte• and amount of dnt.'· eh:irg-1·ahl1• on <"<>rtain m1•rehandi"· clt>sC'rihl'(I in Eutr)· Xos . . \ \;1~4:i. l:l24:1. Vom·hl'l' Xo. l881i:l, p:tid Ill•(•t•mhl'r 8. 1!102. ·"J'hl' lirst l'laim in this ('as1• is against tlw l'la..,silicntion of :rn <'11,!.dlll' and Jllll'ts nrnl<•r para:.rraph ::!4:1 of tlw Tariff H<>,·ision Law of 1!101. at $1..iO JWI' 100 kilo><, in,.;t1•1ul of <Is 'aj.!rieullural mn<•hinl'I',\'.' muil•r paraJ!raph 24;), al $0.::!ii Jlt'l" JOO kilos. as no\\" cb1inw<l. '1'111' f'll;,!i1w WH" 1•nt1•r<'d a" 'otht•r maC"hi1wry' uncl<>r 1mrnl.!raph 2:i7 (11). "B,,- one' of the• \\'I'll-known l'all011-"' of statnt<> intNJH"t•tlttion. all \Hll'ts of a lnw u111><t lw n•ali lo:.re•tlwr. o;o thnt ;I." far as 11011<•IC"drit·ol 11011'1'1' maPhi1w1",\" is l'Onl'~'l"llt'tl. it j,.; as if pal'<lg'l'!l]lll 2-l:l Imel lwN1 ins1•rt1>1l lo 1'0\"l'I" tlw partil'nlar motors :Hlcl 1•ngilll'-"' tlw1·1'i11 1•111111H•ral(•d aml paragrnph :!!i7 to t'O\'l'I' all otlwrs. It is tht• fa111ili:11· t':\'4(' nf a ><p(•c•ific• l'llllllll'l"lltion followe•!I hy an 011111iu111 1111tlwn1111 1•bu1s1'. ~tl'al\1 l'lll!il\l'S, not lu•ing l'll\\JlH'nllf'd in the• first l'lau..;1'. 11111-"l lw lwlel to 111• e•1111m1·1·a\pe\ in the> g'f'lll'l'lll tt>l"lll-< 236 O.F.FICIAL GAZETTJ<.: of puraµ-raph ;!;)j. 1S1•e Inst part of 'forifT Drcision Cir<~ular Xo. UH.) '·It is true that the Court of Customs Appeals, in 11 decision published in T11rifl' ]}(!cision Vircular Xo. 321i, ha\•c 11>;similaWd a dntionaQ· steam engin<' to 1l mnrine t>llJ,rinr, ancl held it to lw dutiahle nmh·r paragraph 24:1, but that case ir; not entirol)' in houmony with 11 prrviou11; drei11ion of the same court (Turiff Di•cision Circular Xo. 18i, last part). It is in conllict with th<' gr1•11t \Wight of authorities, and it is not certain that it would·bl' followed agnin. (Aloe vs. Churchill, 44 Fed .. 50; Arthur and But· terfield, 125 t:. 8., 70; :n Law Ed., 64.3; 8 Sup. Ct. Rt>p., 714; Arthur and 8assfield, 96 V. S., 128; Syke1o; cs. \\"agom-. :JS FP<l.. 494; Hossnum 1:s. Heddrn, 87 .t'cd., 99; Herman vs. Roberston, ;1:1 Jo'c>d., fi54; Hartruuft 1;s. ).Jc>yer, 135 L'.. S., 2:Ji; Subergt•r 1·s. Xohn, 1:1; l '. 8., 95; .JuDb'C iw. Hedden, 146 F. 8., 2:18; J.ubenoth i:s. Rob<'rl!ton, 144 l:. K. :15: ).Jason vii. Roberston, 144 l". S., 40.) "It is not to be construed into n ruling that nil steam Pngines 1 1ru dntiRhle undf'r parng1·aph 243, since it ir-1 only applicable to ungines which may, without appreciable dilliculty, be indifferently u.-1c>d intt•rclumf'gably as eithc>r Janel or ma1·ine engines. The case was \"t•Q" special 11nd should not be extend<'d beyond the actual point )>l'Nwnt<'ci to the court fo1· determination, The fact that an l'llgine is to be used on a farm, much l<'SS that it is to be used in IL woodworking shop, can not niter the chun~ifieation. (~C'e al!iO Tariff Decision Circular Xo. 311.) "The second claim is against the clnssifleation of e<!rtain parts of boilers ns 'otlwr machinery' under parag1·aph 257 ( b) as rntered, instead of as 'boiler parts' under parngraph 244 (a), at $0.50 p<'r 100 kilos. ·"l'he parts in this casr consisted of the smokestack, fittings fo1· tll<' firPhox ~md n.ihpit, stP11m gauges, cocks, nnd fitter fPedini.,>'t!.. whil')1 l>Ping clctachecl simply for convcnienet> in transportation should bl' a!;•wssrd for duty with th<' boil<'r, the same as if the hoilrr had Ucm1 impol'trd fully fitted up. (Tariff .Decision Cir· cular Xo. :n2.) It is found, howe\·er, that this boiler is all st<'ci, insWnd of wrought iron, and is thC'rPfore dutiable umlt"r pan1graph 244 {b). nt $0.i5 pPr 100 kilos, instt'nd of parngraph 244 (fl), at $0.50 l><'r 100 ki!Oi'\. "The. thit·d claim is a1,•·11inst the imposition of nuy duti<'s what· t•\"t•r ori'" 1111~· importntion from the l:'nitt"d Htates on tll<' mmal constitutional g1·oumls, and is O\"l'l'rnlc>d and dC'nie<l. "l'rotPst Xo. Hil2. on tlw gl'ounds mentiont>d. above, is thl'rc· fort' o\"N·1·nll'd :md drnird. and the entry will be rl'liquida.tetl in accordance with thhi dl'C'ision. resultinJ! in Jl hnlnncc due the <:m·1•mmc11t in tlw snm of $2i0.'i'CI, l"nitPd Htatcs curr1•ncy. ISignPd) ll. H. ).[c('o~·. Acting C'oll1:rtor of Customs for thP Philippine Islands." H. H. McCOY, ilclill!J Collector of C1t11tmn11 for t.11<' l'l1ilippim! Islands. Xo. :175.-.111clwr.,, elwills, clc.; goo1ls entCl'ed for consumplio11, 110 rcf1111d 1111on '"eiJ3J'{Jo1·ta.1io11 .. ).fa:sn.A, l"cbr11a.,'1I 11. 1904. 'l'o aU f'olln·tors of C11slo111s: The following is herPhy publishrd for the informntion 1111d guidance of 1111 concerned: "In the matter of Protest Xo. 2548. filed Octolip1· 14. 1903: h;l· tlw ('ompniHa l\fal"itinm. ngaimit lll<' dt•cision of th<' Coll<'ctol" of ( 'ustmns for thr l'hilippim• blands. actinir ns Collector of Customs fo1· the> port of 'llanilu. as to the rntt' and amount of dut;l· 1·hnrJ!t"llhl<' on N.•rtain nwrclrnndise d<'!!('rib<'d in F.ntry Xo. A .iti~4. Youclwr :\'o. 1217:t paid Ooctob<'l· 12. 190:1. '"l'h1• l'lnim in this cnsc> is ngninl\l' th<' imposition of nny dutil'~ upon 1•C"dni11 am·hors, c·lmins. 1111d oth1•1· like mC"relmndir-1<' im· pol'lC'd for us\' 11~ prrnmnt"nt ship'!'! moorings. in <'Onnt><.'tion with tht• loml port imprO\"<'mc>nts. Tht'S<' articles arr imported at thi~ \ilm• in onl1•1· to h1n·C' thl'm on hand in C'llSI' n lnw r.:;hould hr pn:.sed L-Ompelling their use. but if no such law is passed. it i:5 the desire of the owners to reexport thPm and cfaim a refuntl of the duties paid. It is not deni('(l that the goods urP dutiable ·1;; assessed, no que:;tion of elassification being im·oh-ed. "This office can not take nny note of lnws yet to he pai;:.i('(l; it is thP sole duty of an administrath•e bur<'au to enforce the laws as they exi:;t. :Moreo\"l'r, in this particular <·asp, the expect.C'd f•lmnge in the law goe:; simply to the moth·e of the importer in making the importation, a matter of absolutl'ly no importan<'C to this office; enough that they are ,·oluntarily imported and are entered for consumption. Jf the importers belie\"ed that expected changes in the laws would make any present importation inexpe· dient or unwise, or an importation now d<'emed inexpedient. at some fnttu'l' time wise, bcnefieinl, or neces.iary, and desired to 1·e11e1·,·e the l"ight of reexpol'tation 01· not, according to fancy, they should han• entl"red the goods for warchou:'>e and not for l-OD· smnption. Goods entcr<'d for consumption beconw mingled with the general prope1·ty and no law p1·0,·id<'s for nny refnnd of duties upon reex:portation. •·Protest No. 2548, on the> grounds abOl·e mentioned, 'illi therefore o\·enuled and dPnicd. (Hi~ecl) H. B. :McCoy, Acting Collector of Cm~toms for the Philippin~ lslnmlfl," H. B. llcCoY, ,tclinf/ Collector of CuatomR for llie l'liilippine Islands. Yo. :J76.-.-lddilfona.l char·geR. l[A~ILA, Pebrua1·11 11, 190.t. 'l'D all Collectors of Customs: The following is hereby published for the information and guid· 11m-c of all concerned: "In the matt<'r of Protest Xo. 2014. fill'd April 6, 1003, hy '.\ll'SSr!l. };d, A. K<'lle1· &. Co., against the decision of tl1<' Collector of Customi; for the Philippine lsl11nds, acting as Collector of Cus· toms for the port of Afanihl. ns to the amount of duty chargeable on crrtnin mN·chanclise dr.scrilwd in Entry Xo. OGi!J. Voucher :No. 1126~. p1dd April 4, 1903, "The merchandis<' in thi11 cnl!e consisted of l'crtnin half-silk textilPs, shipped from Elberfeld. Gernmny (f. o. b. Hiunburg, through forwarding agents at that po1·t); invoiced b~· the seller 11t marks 3.509.75 and entered at the same amount; and returnPd nt. and duty assessed on, marks :l,o'.iSl.40. It is claimed that the im·oiec and cntcrl'd \"alue reprrsents the cxa1:t amount pnid for the> lll<'rt·lumdi.it', including all thP rhnrges !iJU'(•iticd in "cction 17;- of tlw ('ustonu; .4.dminh;trath·<' Act. "It lu1s hr<'n 11s1·Prtnined that nil m<'rclmnclisr t•m1signed to the protf'str1·s from I<::uro11e is pnrchnsed aml paid for, and usually i11\'oieed, by an oOicc maintained hy them in Zurich, Switzerland. This oOit•e has h<'rn considered as (I) the sellN· of the mPrclmn· disc, such Pxpe11~·,.; as are inl"nrrPd b)" that olHce. reimbursed by thr ~fnniln oRice. being then a part of the- pun·hnsc price; and (~) agents; in which Pusc the expenses 1u·c in tlw nature of com· mis.iions, being tlu'! <'Xf)ensro1 ordinarily incurretl by and r<'im· hurscd to bona li<le agt•nb. and therefore dutinble under thP pro· ,·isions of Tariff Decision Circular No. 37. "I I) That the Zurich offi<'C is th<' agent of the protest<'rs is :•c>lf·rl"idt•nt. Timt offi<'<' nets for the llllniln office in purchasing l•:nropt'an mrrehandi11e, im·oi<'ing it nt eoKt. The fact tlmt an •lgc>nt purdm1'l's nnd pays fo1· merchnndisP. or e\'l'll in\"oit'<"il it to his prim·ipnl. in his own IUllll<', does not of itself dh·l'st him of his 1·haractPr ns ag<'nt 111111 mnke him thl' spller. The nuthorizcd il('t o( thl' 11g<'nt is till' 1wt of his princi11al. and in thi,; 1•nse th1• pnrclmi:;<'s of the Zuri(']1 olli1'<' must h<' considC'l'<'rl ns the purclmst's of tlw protl'~t<'J'S. "! ~) Com1idcrinl{ th<' Zuriel1 offil't' ns ngents of thr protc>st<'r", :uul tl1P expl'llS<'S inelll'rl'tl h;l· tlw fornu•r, rPimhurs1•tl hy the latt<'J', 11s rommi:;o.sions, it is s<'ttll'tl hpyorul rontrm·1•rs;l" that ;;iueh hon:i lid<' rommi,.sions pnid or nllowNl as 1·omppnsntion for srnic><'" in OF:FICIAL GAZETTE 237 making p11rc·hases an• not itC'ms of d11li11hlc• or markc•t nthl<'. (l'.nile<l 8tates 1:.<1. Passanrnt. J()!J \'.. R .. 16, 1tnd many othe1·,,.) Con1111ission.i whi(·h are an 1•Jpment of markrt nliuc, and commissions appcaring on im·oicl',; of sellers ( whf'n returnrd by thC' apprnisC'r as fol'ming an elC'm1•nt of market value) are. howevn. prop<·rly tn·aled as 1luliahl<'. So imwh of •rariff Drcision Circular ~o. :ii u8 is inconsistrnt hrrf'with i>< rl'\·ok1•d. ·'Protl'sl Xo. 2014 j., thnrfon• sustained. and a rrfnnd is ordered in thC' sum of $i.68. L'.nitecl States currency. (Signed) II. B. ).kC'oy, Acting CollC'dor of f'nstoms for tlw Philippi1w Islands." H. B. ;\·kCoY, Acti119 <:ollrr/01· of Cmtom.<; for tlw Philippine 18ltinds. Xo. Sii.~C'ommlar .<111pp/ic.~; 1l11.<1frian flay. ~\'IAXll.A. l"dn·uar!J II, HJOfi. 'l'o (l/l Uolfoctor.'t of C11sloms: The following is hrreby published for the> infol'mation nml guidance> of all ("Oneenwd: •·In the math•1· of Protest :So. 1610, filed Jl<'<'<'lllbC'r 8, HI02, by :Messrs. Ed. A. Keller & Co., against tlu~ deci.<;ion of the Co\lretor of Customs for the Philippilw Islands. ueting as Collector of Customs for the Port of }lnnila. as to the duties chargrablr on n flag imported for t\lt' usP of llw .\ustl'ian consuhite. dr<'lared in Entry No. A lHlOi-A. \"01wlwr Xo. 1:1538. paid OetobPr i7, 1902. "The cluim in lhis ease b against the <"iussifiC'ntion of an Ausll'ian Ila/,!.". imported for the oflicial usr of the> Austrian consulate, UJl(\C'l' para.!fraph lG(i of the Tariff Revision Law of HJOI, nt :J;) p(•r cent ad ,·alol'em, instead of granting to the sanw fr<'<' t'Dtry under the terms of Tariff Decision Circular Ko. 220. ·'At the time of importation llw tc>rms of Tariff DP(•ision Circul11r ::\o. 75 were applicable to the <'llS<' and dutirs \\'(•!'<' ledahl<' upon all Austrirrn (·onsuhn supplit•H, Duties were paid on Oc:tol)('r ii, l!l02; Tariff D('('ision Circular Xo. 2i0 was i!:'sncd on D('rcmbel' J, 1!)02, ancl this protrst wa,: !iled on Dl'l'('lllher 8, 1902. It will llm-; b(' ohs<'l'\'Cd that the protr1<t was noi tiled within the time limited by law, which, howc1·er. in n c•as(' based as this is upon cinims of r<'eiproeal coul'tesy bet11·epn nations might perhaps be waiwd by proper authority W<'l"C' the protest otlwrwise wpll foundc>d. "The flag wa,: pnrdiasPd in ZuriC'h, SwitzerlamL by 11 citiY.('Il of thal C"ity. who fonrnnlc>d it with otlll'r lllf'l'(•handisl' to a nwrranli\r hom;p in ::\fanila, of whfrh tlw honornhlt· Austrinn c•onsul is 11 member. Tiu• flag was pm·ehasrd for th<' sole and l'Xl•lushe use of the consnlflle and wu;: p11id for from the> prirntr funds of the consul. "Tariff Drl'i«ion Cil'('\1\ar Xo. 220 iH a lit1•rnl (·opy of a part of l7nited Slates Treus11r:.· Circular Xo. 125, publish('(I October 14. 1902, in Treasury Drei>iion Xo. 24003. The manifeHt. intent and p111·pos1• of Tal'ilf ])('(·i>iioir Circular .Ko. 220 is to 1•xWnd to thesr lsl11nc\H thos'• inknrnlional ronrlC'fiiC'!'< whiC"h are in l'Og'lll' in tlw t·nitrd StnlC's of .Arncriea; it was <'rrtainl:.· not thr intent to con· fC'r any mor<' (•xtt•usj\·p prfri\('g<'" than nn• cuHtomary in ..\meri(•a. Tn•asur,\' Cil'l·ular Xo. Ji;) is expre!'isl:o· limile,\ to 'art.kl('s srnt by a forpign gO\'<'l'nlll<'llt to its agents,' and no supplir>< othrrwi!w obtniu('(l Hi'(' 'offil'inl eonsular supplies.' Tariff DeC'ision Circtilar ::\o. 220 mnst likewise> he <'OllHtnwd lo apply only to c•as('s whcr('ill a foreign goYC'l'IlllH'llt is lhe l'OllHignor, and its ronsnl lwre is, in his offiri1~l t•a1n1<·ity. tlu• l'Oll!:iig1wr. "Proll'st !\o. HilO, on tht• grounds almn• nwntioncd, is thrr('fon• m·~·1T11l('ll and drnirrl. (Sig1wcl) IT. B. 'kCo:.·. A(·ling Colk~·to1· nf Cn,.tom,; for tlu• l'hilippillt' blamls." IT. B. :-.rcCoY, ll'lin11 ('ulfrrlor of Crrntmu.'< {1,r llw /'hili11pi1w /shrnds. Xo. :li'H.--Ut1rl('I' /1111'1d1·.'<, s111't11.r 011. )lAXILA, Febrnar!J 12, 1!J04. 1'o till Colleclurs of C11.'<lom.'<: The following is hl'rc>hy pub\i,:hc>d for thr information nn<l guidance of all concerned: "In the nmtkr of Pl'otest Xo. i.)25, filed October 6, 1903, by :Messrs. Frneh!iC'h & Kuttner, against the decision of the Collector of Customs for the Philippine blands, acting as Collector of Custom.<; for the Port of Manila. as to the rate and amount of duty chargealill' on crrtain merrlumdise descrilird in Entry No. A 5:302, \'01u·her ::\o. ll285, paid Octobrr 3, 1903. "This prntest is against the imposition of a surtax of 30 per cent, under the pr01·isions of Rule Il. letter ( b), group :i, Class lV, of the Tal'iff ReYbion Law of 1901. for trimming certain , (•otton-elustie garters with buckles. "The question prrscnted is similar to that deeided, as to the application of a surtax of 30 per ecnt, under the pro\'isions of the same rule, on bell!:i with metal bucklc>H, in Tariff Decision Cir<'ulnr .No. :354, as follows: 'The 30 per cent for buekles was imposed on the theory that these -buckles were trimmings, for which a. surtax is prm·idrd by Rule ll ( b) of the T11riff. The trimmings rcfN'l'('(l to in this rule. however, are clearly no oth<'r than those defined in rule j'; that is to say, of the nature of textiles. :.\.I('ta) buckle!:i not being within the purview of rule i, they ,..Jiould not be made thr suhjf'ct of a surtax under Rule B ( b) .' ··The bucklC's in this case Ul'C necessary·and indispl'mmble parts of t.hc gartel's, aml the application of buckles is a procC'ss of the nrnking up, for whieh a surtax of lOO per C'ent i;; applied. "Protest Ko. 25::!5, on thC' grnunds abo1·e mentioned, is tlll'reforc ><nstainNl aml a refund ordered to the importc>r in the sum of $5.18. L'nitrd States currenc~" (Signed) H. ll. ~IC'Coy, Acting CollC'ctor of Customs for the Philippine Islands," H. B. McCoY, Actin.fJ Collf·ctur of f:11.~tom.'< for tlic Philippine Islands. Xo. :H9.-1 'Rt><l sur!fical instruments a-nd acccs.~01-ies; re free entl'y of. J\L\XJLA, Fcbruu1·v 12, 1904. 1'o all Collectors of C1Mlo111.-;: The following is hrreh:.· published for tht> informntion and ,!!Uid;llWl' of all <'oncerned: ··Jn tlw nmttrr of Prot(•sl Xo. 2;)(iS, fil(•d October 16, Hl03, bv :\l1•ssr;;. ~mith. B(•ll & ('o., agitinst tlw ch•<'i!:iion of the Collect.o-r of ('n><toms for tlw Philippine Tslamb, aetin::r as Collretor of Customs for tlw pol't of ::\lanila, as to the rnh• and amount of duty rhargcahle on errtain uwrchandise de;;cribC'd in Entry Xo. .\ :1201-A. Vouclwr Xo. lii'i!I. pnid OcfobC'r Hi. Hl03. This protl'st i..; against the as><c>ssment alUl (•olleetion of duty on !'Pl'tain mwd g:oock it lwing claimed th11t ther are C'ntitlcd to fl'('t' ('ntr:.· umh•r tlw pro1·isio11H of parngraph :rn3 of the Turiff R(•l'ision Law of 1901. whi<·h prol'idc>s for 'usl'd houseliold furnitm·c• " "' " including such artielcs, c>ll'('cts. and furnishings as piC"tur(',:, book:<. pianos, organs, r·hinawarl', nm\ kitchrn u\('n;;ils.' "Th(' a1'lil'l1'" in qn<',..tion C"onsi..;t. of st('e\ surgiC"nl iustrnmcuts, nwcii<'at1·tl g-11111.r, mi<•ro.~('Ojl<' anti iH'<'l'ssoi·ies, Hoft rnhlJC'r tube,; all(\ b1·d pans, Yapori:t.<'I', ('C'lllrifugal !:i<'parator, 01wmting table. platform S<'<lil's, h:o·,Jrauli<· air eompn•sso1-, pharnuH•('util'nl prodw·ls, insulating <·oi1", wooden splint><, hala1wc> S('alt>.,;, l'<lhi1wt for mc•,\il'i1w, irri/,l."illor. tal>](• air tnuk. arnl air pump, thront apparntus, am! 11 ('arc! inc\1•x ('i\sc•. ··(Jou:<ehohl rffp('\~ an• cldin1•<i a>< ·artidt'" whi(•h pt•rt;lin to t\ 1wr~on ;\s :1 h011s(•holclt•r or to a family a" n hou~rhold. hnl do not 238 01''FICIAL GAZETTE indudr articl1•s usrd in prof1•;;sional or busine;;!I pursuit.-;.' (Arllim i;.~. ~lorgau, lli l-. R., 4!15; T. D. 8!Hi8. l:J8!J!l, 1446Ci.) (Trcasurv De{'ision !'\o. :!a663.) "XonC' .of thcsr articles are housrhold furniture, nor sud1 artielr,;, effects, or furnishings al'\ are enunwratcd in paragraph 393, but a1 (' smxiral instruments and applian<•es, office furnishings, and JllP(lieine, none of which are C'Xemptcd from the payment of 1\uty under the prnvisions of paragraph 39:i. "This question has bren previously decided in part in Tariff Deebion Circular Xo. il, as follows: 'Accepting the statenwnt of \'Olli" brother to the effect that he comes to settle in these lsh;nds, and that he docs not come as u trnveln or a l<'mpornry sojounwr, it is cl<'ar that the only articles whid1 C'an be imporfrd frl'e of duty by him are those <•numerated in paragraph 39:~ of the Tariff Hevision Law of 1901. Surgical instrnnwnts arf' not so f'nU11ie1·nted, und arl' therefore dutiablt'.' ''Protest Xo. 2568, 011 the grounds mPntione1I above, is tht>r<'· fore o\·crruled and deni<'cl. (Si~ned) ll. B. :\frCoy, .Acting Col· l1•eto1· of Customs for thC' Philippine Islands.'' H. B. Md'oY. . :lcliny Collcclol' of Custom!/ for the Phili1>pi11e Islands. ~o. 380.-TO!f('fa-ill:o in the piece-surtax u.pplicuble for moki11y up; decision of the Court of Customs ~lppcab. :\fa:-;"n,A. l"cbnw.1·y 2:i, J9rq. To all Coffccto1w of Cw;tom.~: PAitAGl!Al'll I. The following decision of the Court of Customs Appeals, render<'d February 13, HJ04, is herebr published for tlw information .and guidaner of all l'OllC<'rned: ''l'.NITEll STATES OF AMERICA, P111L1l'l'INE ISLANDS. ''C'ot:RT OF Ct:sT0~1s APPEAI.s. "1l1Jpcal in tire Cf/SC of J(ucmzf<> & Strc-iff. "(Docket No. 5<.l2. Appenl No. 50~. Protest No.1&99.] "llECISION. "Cl!OHSJo'lEJ.ll, .Judge: "This casC' i,.; lwfore tlw eourt upon the appeal of Kuenr.h• & Streiff from tlw decision of the Collectol' of Customs for the Philippine Archipelago. o\·errnling appellants' protest against Uw imposition of any 1lulirs on merchandise imported from 8pnin. on the ground that the Philippine Islands being a pint of tlu· Cnit<'d 8tatr,.;. no import dutit•s <·im he imposed on goods brought from 01w part of the Cnited 8tatPs to another, und under thl• trl'aty with Spain no import dutiC's can be ass1•ssed on goods of 8p<lllish manufoclun• brought into the Philippine Islnnds. eXel'pl at· the rak upon imports from tlw l"nitl'd Stntl's. Ami for the furtl11'r reason thnt the merchnndisP imported is not subjrct to 11 surtax of :10 per CC'llt for making up. ··_:I.fr. llartford Beaumont for tlu• ({O\·rrnmC'nt. :\Tr. P .. -\. Uryn for th" appellnnl><. .. Tlw l'\·idrnce in tlw 1•a!'.<' c\i..;t•los('s that thl' m1•n·lmmlisc in (•ontro\'C"rsY consistl'd of l'Pl'lain towels. which l'!lllll' in pnirs and are n•ntly .for use l'ing-1,v. t'X<'Ppt tlw l'Utling- of tlwm apart at tlw fringe·. a1Hl that they w1•n· imported from 8pnin. '"l'ht• q1w . ..;tion of tlll' h•g-ality of the imposition of dutirs on gout's imporktl from Spnin \\·as fnlly t"onsiderl'd nml dct1•rmiill'1l in Cast• Doekl't Xo. 48, in the appeal of K1wnr.h• &- 8trt>iff, wlll'rein the> ('Ourl helcl that th<' imposition of 1l11ti1•s was in nil respe<'ts thl• ,;aun• ll>' those upon 111Prt•hamlis1• import('(\ into the United Rtates. und lhnt thP impo:-;ition of tlutie,.; upon nu-n·handi-;f' import('([ from iht• L:nifrd Htafrs was lawful. "Tlw \(l\\'t'b iu CJUC'stion nrt• wm·<'n nnd d1'>•;ig1w1l and nre wholly 111;Hlt· up awl n•ndy for \ht'. c•x<•f'pt tlw c·ntting of tlw pnirs in lwo. "Tht• "1•t•ond snbtli\·bion of Parngrnph J) of Hulr B. tt•xtill'>', group :~ of tlw Tariff l{pyjsioll A<·t of HlOl pro\"iclt·s that toweJg shnll be Jiahle to a surtax of :JO 1wr t'<'nt for tlw making up. These towels appt>i11· to come clearly within tlw jffO\'ision,.; of thi" class and arl' suhj<'l't to thP snrtux impo,.,l'tl. "The de<"ision of tlw Colketor of ('nstom,; i,; tlwrrfore atlirmed. Xo c·osb; to eitlll'r party. '·.\. R. C1toss1>·1i:1.n . • /111l9c. '·I 1•om•ur: "F~:I.Ix )J, B.OXAS . . J1ul,rw. PAR. IL Tlw aho\"e dec·ision of the Court of Customs App<'als i-;ustains that made in Tariff Dedsion Circulur Xo. ;10-1 of this Ollicl'. You will h<' guid1•c\ a('c•orclingl:.•. H. n. :\kC'ov. .. tcli11y (Joll<>c/01· of Cu11tomJ1 for tlw l'lri.lippinc Inlands. Xo. :181.-llloeks for fllmu11•1<•.or not .~r:icntific. liter<1ry, and ai·tinlic u:o·rks; ;,.;1m-11i.<rh boo!..-.~ not frr1• of duly 1111der pr1ra9rn11I~ :J82 (a) . :\lAXILA, J.'cbnllll'.1.f ;Ui. WO.}. 1'o all Collectors of <Justf1mN: The following is hereby publislwd for th<' information nnd guid· ance of .all c•o11c<"r11('(l: "In the mattC'l' of Prot<'st Xo. 2i21. filed DccemhPr 18, 190:J, by i\Ir. ,Julian Almenura, agninst tlw dPei,;iou of the Collector of Customs for the Philippinl' 1slancls. ncting as ('oll<'1·tor of Cus· toms for th<:' port of i\faniln, as to the rate and amount of dntr chargeablC' on c·ertain merchandisc dc•s(•\'ibC'd in Entry No. A l02;JO. Voudier Xo. l!J9:li, paid Dec·cmbt>r W. rno:1. "Thr c·laim in thiS cnsc is against the assl',;sment ancl colh•ction of duty on C'<•rtain 'Spanish block>< for almunue . .;;,' under parngraph 180 of th<' Tnritf Hevision Law of HIOI. at $:l pC'r IOO kilos, 1md thC' imposition of a fim• amounting to $2.12. Free entry is cluinwd under paragraph 382 (0-) whil'h providl's fm·: 'Spanish scientifil', literar.v, and arti,;tie work;;, not. ,;ulw<'rsi\"C' of public ordC'r, importl'tl under pro\'i.iions of . .\rlil'i<· XIJ I of the treaty hetwl'cn Spain and tht> CnitC'd Stafrs sigrwd al Paris on the IOth dav of Dcc<'mber. 1898.' ;,The bloeks consist of :IG(l dt•tadmbll' ll'H\"l'S. :irrnnµed in diurnal iwquc>nc<'. eaeh leaf hl'ing dl'\"Otl'cl to n sing]C' dny. ln· fonnntion is gh·l'n as to tlw day of lh<' y<'ar. month. ancl WC'l'k; the plwsf',.; of tlw moon, saints' day,;. nnd historical annfrcrsaril'S. Tile' r('\"l'l'><C side of th<' lea\"<',; an• 01·c·upictl with 11 l'Olll'elion of anecdotes. joke.'\, (•hanul<'s. t•pigrnms. and \'l'l'SI'><. a \urge part of whi<·h an· <'''ith•ntly from till' writings of l1•;uling authors. "The term 'scicntifie work' is not dt>fi1wd in the tariff. hut this :!Jijl~~t:l~~l~.::~:~111.:~~ ~; :l~(::ll:;~::k ;';~Ji~·!~I:;•(;~::;~: ~: ::~l:~~~j~:;. :\i;~:.~l~! to (!nm· thP dhiding Jin<'. hut in thl' 111·rs1•nt. eas<' simpk ealculntions whieh might h<' iu·c·m·att·ly made by any AmC'riean ehild with a modC'rak ('(lm·ation. ;u·e uot properly to hP dl'l'crihed a;; sC"i<'ntifiC' works. "Xo1· arl' these nrliC"ll's litl'nll)' works; the primary purpo,.;I' is that. of a <·illt>llllar or almannc; tht'.\' an• hou,dit a11cl sold for this purpo.-w. \\'hnte\'er of lill•rntm·I' thl'n' ma:.· \w about tlll'm is di;;tindl,\· suhonlinat<' nm! incidental to lhl' j)l'inl'ipal usr and Jllll" JlO>i('. and t·nn not opPratl• to 1·hang<' thl'ir ps,.;entinl nalnr<'. nor llH' <·las.-ifknlion whfrh i:< lmsPd upon that ('s,.;pntial nnt111·t·. Tlwy an• as lac•ki11g in an,\· arnl all qualitit'" whieh mi!!"hl lw suhn•r,.;i\·p of puhlie orclt•r :is tlwy an• of tlw Sl•mhhrnc·<> of artistie mNit. "l\ut t•\·en \\'l'n' tht'"" µoo(ls both sc-it>ntili<- am\ litt•rary \\·ork.:. tlll' 'l'li'stiou nf tlu>ir athnb:-;ibility umil'I' paraµ-raph :~H:! \\'oultl ,..1ill n·main. In otlwr wonb. whnt (•\a.:,; or da"sr,; of ><dPntifil'. litPrary. or nrli:-;tj,. \\·ork,.. an• l'X('lllpkd from <lut,\· by tlw trt>aty of Pnris. from whi('h panq.~raph :{:-!:! 1111 b t;1ken~ Artit"IC' XIII nf that tr1'aly prn\"i,\t·~ in purl "" fullo\\,.;: '!'<.pani.'h 'd1•11tifi('. OFFICIAL GAZETTE 239 litrn11T. am! urtbtic· work.-;. not suhn•r-.in• of pnhlil' o!'tll'r in thr tt>rrito.ries iu 11ucstio11. ,,hall c·ontinuc· to lw admitted frt~(' of duty into such t1•nitoric . .., .. "' '".' "Thb provi,,ion in the treaty has \wen c·on,;idercd in its appli· <'Hlion to tlH' Philippi11e hlamls by Uw .-\ltoruc-;•t-Gt•nc>ral of tilt' Cnitl'tl 8tate,;, whose opinion is in part as fo\lo\\·s: ''Jlie significant phrase of Arti('\e XIII is that th<" arliel1•s drst·rihed ",;hall c·o11ti1111<' to he :ulmith•!l frrr of duty." The pri\'ileg<' is limited to sn('li 8panh.lt ,,c·i<'ntific, Jit('J'ary, und artistit· work,,, not sub· \'<'rsivc of public order, as had been pre\·iously admitted free into the tc:rrilorics in cp1estion. If. thcrefon-, hooks or other publication,;, arc in('lu<led among tlw "Hpaui>ih works" which were entitletl to freC' a<lmision undn Uw Hpunish turilf for the Philippine blunds, th1•\' an• lo continm· lo 111• a(lmittl"d fret>. otherwise not.' (XXIIJ Opi-nion,., of Alty.-Uen .. l l:J.) "To ascNtain what ;i<'ientific, litl•rary. and artistic works art' tlwrcfore entitl1•(l to frpe l'ntry wt• must rl'for to the .. lranceles de .lduami und eompan• the pro.\"isions in that tariff with the pro,·ision,.; in till' Tariff Hf'Yision Law of 1901. The seeo11tl. third. :ind fifth parngraph,; of ·Di.sposici-011 Hcyumlu' of tht• .lm11ccfrs de :ld1w1w ai·e id1·11tieul to para.graph :1i:J of thl' L"nitl'tl State,; fU'Ovisional t:lrilT and to paragraphs 387, 388. and :JS!) of the Tariff Hevi,.;ion Law of HlOl, and it is to be noted that th<'se pnra1-,'l·aphs arc the only ones to be found in the Spani»h tarilf JlrO\'iding for the free entry of sdentifie, litcrnry, and artistic works. Jt furtlwr app<'a1·s that the provision for works of art was restricted to thosl' intended for public exhibition only. Shortly bt•fore tlw American occupation, howe\'l'l". the dutif's appearing in the tarilf schedulf':s were remon•d from Spanish scientific, literar~·. nnd artistic work,;, not i'iUb\'Nsiw of public order, published in Spain; but such works. Wf'l"e assessed at 8 per cent ad \•alorem on the fixed offiC'ial rnlues, and IO per cent of the import duty, which amounted to $6.:JG, ).Jcxican currency, per 100 kilos. (SeC' nott' lo par. Iii. Cnited Statt•s JWo\·isional tariff.) Such book,; were not. therefore, admitted frl"e of duty, but were !'('quired lo pa~· a duty equal to the present rnte of dut~, on books ($3 per 100 kilos), at the time the Tariff Hevb;ion Law of l!JOI Wl'nt into l'ffect. The treaty exempts only ~mch work,; as werC' admitted free of dut~· under the Spanifih 1·!.5ginw, and not tho;;e whieh ll'l'l'C' subject to duty, tt_nd it seems that all Spanish hooks \1·1•re a,.;sc,.;s(•d for duty at till' rnte abO\·e staled, with the exception of tho,;(' intendl'd for official corporations. Pa~·11graph :J82 (a) is not, nor wa,.; it intended to be, broader than the treaty itself. (Hel' Senate Document Xo. l:l4, Fift~'-fi('\"l'nlh Cougrf'ss, first session.) "The conclusion is therefore rcnl'hed that it \ms not the intl'n· lion of llll' trl'atr of Paris nor of the frauwrs of tlw Tariff Revision Law of lflOI to admit all 8pani,.;h hooks fr('c of duty, and that nnh•ss ,;uch book,; arl' C'Xpn•,.;,.;ly t'XC'mplt•d from duty. indepl·ndt•ntly of the treaty prO\·isions. t lwy al'(' propN·l:y ussesfied with duty. "In regard to tht• fiiw. It appears that tlw !itw in l(UCstion w1l'i imposC'ci for faillll"I' to pa~· tlw amount of liqnidalf'd duties within fin~ days after tlw posting of notice of liquidation, HS provided in section :!05 of the Custom,; ,\dminifilrat.in~ Act. Tlw pro\•isions of this section arc nmndatory. mu! no proYision <'Xi;;b for till' rC'mission of 11 fine bt1dnlly impo,;ed th1•r('lllHlN. "Tlw prnte,.;t is \'l'I'~' vagm• and it is nnl po,.;sibl1• to dctnmin<• whl'tht•r it wn,.; tlw iut.1•11tiou of tlll' imporlt•r lo prnt1•,.;t the cx:1ction of 1luti1•s on import,; from Spain ou tlw 11<.;nal constitutional grotmd,.; or not. If ,;uch \\·as tlw iub•ntion. tlu• l'laim is o\·errnh·d for i't'n><ons oft1·11 exph1i11t•1l and also fnr failm·(• to ,;tnfr thl' daim cl(•nrlr and th•finitely. "l'rofr,;t Xo. 2721. on tilt' !-(l'ol\111\s m1•11tio1wli almn" is tlu•n•forC' ov1•rr11ll'd and tlt•ni1•tl. 18ign1•dl 11. B. :\h·Coy .. \l'ting ('olh•ctor of Cu,.;\0111,.; fo1· tlw l'hilippi1w bla11tls.'' ll. B. )ld'oY, .\r•tiuy ('oll1'<'for of ('us!oms {or tlw Philippi1w /..,/rou/.,·. Xo. :J82.-J/uehin(' shears 1101 suu;mi// 11uwhi1H'l'.'f: dccisiou of tlw Co11rt of (.'118lo111s _·lp1w1118. )L\Xll.A, 1"1'11n111ry 21;, /!II!\. To al/ <:olir'dors of C11sloms: PAllAGllAl'JI I. The following (lt•eision of the ('ourt of Cu;;to111s App1•als, n·11tlered February J:l. }!)0-l, is hf'n·b~· pub\i.;\wd for the information and guidanC'e of all coneerne(\: "L-XITED 8TATES OF ~\MERICA. J'lllLll'l'l'.\'E lsL.\:-OlJS. "COURT m· l'USTO)IS AI•l"EAI.S. "A11pcal in the case of Warner, Barnes & Co .. /,imited. "[Dockct:So. 596. Appeal :>:o. 569. Protest Xo. 1539.) "DECISIOX. "CROSSI<'IELD, .Judge; ''This case is before the court upon the appeal of Warner, Barne,; & Co._, Limited, from the decision of the Collector of Cn:>toms for the Philippine .\rchipl'litgo, owrrulin;! appellants' protf'st against th(' ('fafisification of a pair of power slll'ars :Hi otlwr machiut•r~·. umll'r paragrnph 2i'i7 ibJ of the Tnriff H('\·ision Law of 1!101. instt-ad of und('r parngrnph 245 afi ,.;awmill machin<'ry. "ThC' evidl'llCC' pn•sentl'd at the ill'aring 1li,.;elost•s that tlw ,;]l('ars in qut>stiou were imported and werf' srt up in a sawmill opcrated in ::\Innila for the purpose of cutting into the desirl'd lt•ngths till' steel band saws USl'd in the sawmill. "8f'ction 245 of the Tariff Revision Law pro,·idcs for ·agrieulturnl machinery and apparntus, 11111chiiwry and apparatus for pile driving, dredging, hoisting. making or n•pairing roads. for rcfrigcmting and ice making, for making sugar. preparing rice or hemp. or other vegetable products of the Islands for the markets.' ;,The appellants appear to take the view that inasmuch as th<' power shenrs in contro\·C'rsy were used in a sawmill that tht>y th<'reby became sawmill machinery and undC'r the decision in Docket Xo. 2l:J of this eourt would be classed under pamgmph 245 of the Tariff Revision Law. ;;Sawmill machinerv wafi determined bv this court to hc properly classed under said p;uagraph 245 u,.; n;achinl'r)' for the preparation of vegetable products for the nmrkets, but it docs not follow necessarilv that all machinery used in a sawmill is machinery used for 'the preparation of ngetable products for the markets, and it appears from the eviden('{' in this cn,.;c that the shears in 1.1uestion were not us1•d for such purpo~l'. "They are nmchiner~-, howe\·f'r. and do not appear to be specificallv enumerated in the tariff; the result is thnt thl'~' should the1; be clnssified in parngrnph 2;17 (b) as othf'r nmehinny, nol. ol.herwist• provided for of other nmterials than copper and its alloys. wj_'he dl'eision of till' ('olleclor of Customs is affirmed, without cofits to cithl'r party. "A. S. C11oss1•'IELD, Jud,qe. "I concur: "FELIX )I. ROXAS.'' PAR. ll. 'J'lw above decision of the Comt of Cu:;toms Appeals sustains that puhli,;hed in Tariff Decision Circular Xo. :H l of this Ollice. You will be gnid<'d accordingly. H. B. :\fcCov, .lcliny f:olkctor of Crtsfoms for flic Philippi11r l:dan<ls. Xo. :18:t-/11roi<T a111l entered ralrtc.v 1wt eouchtsirc a.s (lfj(linst !he aorer11mc11t: burden of proof on person impca('hi11g 1111prnisNl l"(llrtcs. )IA:-011.A. f'1•bn111ry .!f;. 1~111./. 'l'o all Cofll'clur,v of Customs: The following is hcn•by publi~IH'li for tlH' information and g'lli<la Jll't' of a 11 C"oncern1•d : "In tht' matlPr of Proh• ... t Xo. :!:!11:1. lil('ol .luly l.'i. 1!10:\, by )[t>,."r". \Ya,;,.;iamnll .\ssonmll & ('o .. again:>! tht• 1l1•ri,;ion of the 240 OFFICIAL GAZETTE Collector of Custom.-; for the l'hilippi1H' (,;[ancls. acting as ('oll<•ctor of Customs for the port of ~Ianila. <1-< 1o tlH' amount of duty cliargcahle on e<'rtaiu lllC'l'cha1t!\i,.,<· dc•,..c·rihc•cl in Entr~· Xo. I i:rn:J, Vouchel' Xo. 12.iO, paid .July J;J, 1!10:1. ·'This prott•st relal<''' to the appraisc•d rnhm-, of ccrlain silk articlf's, clutiahlc undt'r pnragrnph 174 of the Tariff Hevision J,,1w of 1!)01 al the rate of 45 per cent nd valorNu. ll is ('!aimed that dul,v should have been assessed on Uw im·oice and eulc•rt•d nllw•s. ~o qucstiou of classification is invoh·1·d. "The valtw on which duty must bP assessed on imported mer· clrn.ndisc subject to an ad \•alon·m rntc> is ·the actual mnrk•'t vulue or wholesale price of such nwrchandisC' us bought 1md sold in usual wholcsal(' quantiti('s at the tin)(' of <·xportution to th<' Philippine Islands in the principal markets of tlw country fr,1111 whence imported.' (Sec. li7, Customs Administrntiw :\et). The invoice and entered values arc not conclusfre as a1-,111i11st the Government, but come under considerution, if at all. as items of e\·idence as to what is the 'actual mark('t valul'.' "The protl'stel's WC'rc called upon to produce c,·jd('nce that the appraisf'd Yalue.s in this case w1·rc not the ;actual umrkf't values' of the uwrclu11ulise, but this they neglected to do. Xo dut,Y devoh·cs upon the Government to pro\'e or disprov1• the eorrl'l'tness of uppraiscd values claimed to be ineoneet. Thi• hunlcn of proof is on the protester, who has cvidC'ncc at his command us to the col'rcetncss of such values us he may qm·stion. The apprai!wrs arc Gon~rnment officials, sworn correctly and imp1Htiully to 1wrform their duties, and, in th<> abs1•ncC' of proof to the contrary. their apprni>;ements must Le considN·C'd as conect. "A consideration of such 1•\·idPncc a,; i,; availahh', althou;~ll pe>rhups CJ; parfe, h•ads to till' eonr·lusion. lmwen~r, llmt tlu· appraised values are corrPct. "Protest Xo. 22!13 is therefore overruil•d and deni('d. (8ig1wd) H. ll. )lcCoy, Acting •Collector of Custom,; for the l'hilipp!nc Islands." H. H. )lcCoY, Acting Collector of Customs for the l'hilippinc ls/(111.ds. No. 384.-Fdrcls of cotton amt silk. :'lfAXILA, 1"cbnwry 26, l!JOfi. 1'o a./l Collectors of Customs: PAl!AGRAPll I. The following decision of the Uonrt of Custom~ Appl•als, l"C'lldc•rC'd Febnrnry J:~. l!l04, is lwl'l•h,v published for tlw information and guidanc(' of all <·oueern(•cl: "t'XITIW 8TAn:s <w .\\IE111c.\. l'1111.11'l'JXt: Isr.Axns. ·'Coc1n o~' Cl'sT0~1s :\i'l'~:ALS. "Avpcul in llw cmw of i'M .. I. Keller & Co. "[Doekct No. G-1.8. Appenl No. &98. l'rotcst Xo. li7~.] "DECISIOX. "CrtoSSFU:Lll, Judge: '·This c1\se du\.\' Cllllll' on for trial upon tlw appf'al of l<.:d .. \. Kc\l('r & Co. from a (\(•cbion of tlu· Colledor of Custom,:; for thl' Pl1ilippi1w ,\rehi1wlago. on~rruliug appellants' pl'Okst ngainst the ela,;,;jffoation of ('1•rtain plu,;h as ,;ilk, undl•r paraµ-raph li4 of tlw Tariff Hl•\·i,:;ion .\ct, in,;h•ad of paragraph 124. "II. Bl•1111111011t for llw OoVl'l"llllll'lll. C. "\blwg for the appt•llam~. "'l'lw pres(•nlation of the cast• di:.:close,:; thnt the> plush in ('0.1· ll"on•ry j,; compos('(\ in the body of it of <"Otton thrt•nds, having fortr of such threads lo e;1ch ,;qunn• of 6 millimeter .... : that the surfnee of the plu,;h on one sid1• ''ou,.:i,;ting of lhe pile of lh<' plu,;h is wholl~, silk and j,; compo,;1•d of s1•ve>11 donhl1• or ,;inl!ll' lhrends of silk to (•uch sqnnrn millinwln. "Tlw cu,;toms l'x1wrt o!lieiab t1•,;liliPd that it was impo,;sih\1• to ch•ll'rmim• 1 lw f'Xllt'I 1111111111•r of I hn•a(\,; of silk com11osing- tht> 11ill• of tlw pln,;h, hut that thNt' appl'Hl"C'(l lo hf' ""'''\"ell donhk lhrc•acb lo l'lleh "<JllUl"C of ti millimell'rs. "Expert witnes:;e .... , pr1>;w11t1•d hy tl11· apJwllant.~. 11-,..titiPll th.1\ till're were se\·1•11 thn•ads of silk to 1-.1ch "'JIHll"{' of ti millimC"lt•r,.. and that. tlll'y rnighi po,;sihl~· IH· douhl1• thn•;uJ. .... but that tlll'y Wl'l'l' of tlw opinion that tlw thrl'acls wNe ,.,inl!l1•. If the silk thn•111ls are singl1>, tlwn tlw total nmnbl'r of thrl'atb to each s11rn1n• of (i millimc•t('rs of tlw textile j,; forty-,;pn..n and the seveu thn·ads of ,;ilk would not b(• onc·lifth of the whole, and tlw textill' would be cla""ified under till' prop1·r lu·ad of cotton textiles, with the corresprmdiug surtax. "If the silk thn·ads urc double, tll{'n tlw total numbN of thrC';d'i to cnch squnre of (j millimeters i,; fifty·fom nnd the fourtc1•n ;;ilk threads is more than one·fifth of the whoh·. "From tlw pn·pond('rnncc of the e1·id1•m•e and from tlw samp\«.., of the plush in controwrsy before the court. the court limls that the nnmbcr of silk thrC'ads in the h~xtiles is more than one-fifth of the whole uumbcr of threads, and that the t1•xtilc i,; Jll"Ol"H'rl.'' classified m11h•r paragraph 174 of tlw Tariff Re,·isiou Act. ··The d(•cision of tlw L'olll'etor of Customs is affi.rm1•1l. Xo costs to either pal'ty. ":\. ~. CROSS~'IELD, ,flldge. "l concur: ".Fl':LIX :\I. ROXAS . . Judge.'' PA!t. If, The nbow decision of the ('ourt oi Customs App<"als is not. in conflict with that made in Tariff Deeision Circular Xo. 2ii8 and sustains tlrnt made in Tariff D1•ci,.:io11 Circular Xo. 2!11 of this olli<><'. You will he guided accordingly. l l. B. )lcCOY, Acting Collector of Customs for Uu: Philippine lshmds. Xo. 38;).-/licycles ·iritho-ut tirns not 1/uliable as detac1wd pcirts; dcci.~ion of the Court of Customs Appeals. ).faxn.A, Pebn1ary 26, 190.~. 'l'o all Uollce/01·s of C11.sfoms: PARAGRAI'll I. The following dcd,;ion of the Court of Customs Appeals, rendered February 13, 1904, b hereby published for the information and guidance of all concerned: "C:xtTED 8TAn:s o~· AllEllI<"A. l'nILIPl'l:XE Isr.A:xJJs, "COIJllT OJ'' Ct:STOllS .\L•Pt:ALS. •· .. \ppm/ in lite case of Hrl<111!Jcr J; Galillgcr. "[Docket ~o. iiAA. Appeu\ Xo .. -~ii. Protest No. li5.'i.) "DECISIO:X. "CltoS8Flt:l.JJ, ,/ ud,ye: "This ease is before the court for trial npon the appeal of :Messrs. Erlungi•r & Galingcr from th(• d{'{·ision of the Colleetor of Customs for th(• Philippine Arc-hipelugo. owrrnling appellants' protest ngain,;t the 1·lassification of ecrtuin bicyeles without rublil'I" tires under parngrnph 252 ("·),section II, Philippine Tariff Re,·ision Act of 1901, as 'bicycles complete cxl"l•pt lamps.' instend of under 252 (f1) as detached parts nnd. 1wccs,;ions tlu·reto (bicycles). "The appellants appeared in person. H. n('aumont. c,;(l·· for the Government. '·The ret'ord in the case and thl' el'id<'llCl' pre,;cntt•d di,;dose that the dl'fcndnuts imported in De<•('mher, l!l02, at Jlanila, :W bieyell',:;. a,;sembled and compll'h•. e>xecpt thl' rnbbC'r tirc•s am! without lamps and dC"dnn•d tlwm as 'parts of bi(·~·de,;' 11mlN paragraph ~52 (/1) of tlw Philippine Tariff Revision Al·t. "The> customs ollidn],; elnssificd them us "Lk_yde,., 1·omp\(•\l> with· out. lamps, under paraµ-raph 252 ((/.) of the .«ame law. "The appl'lla111.s <•onknd tho1t llwr,~ is no •111:1lilit'atio11 or •·.im· parison of the won! ;(·omplC'tc' 11,.:1•d in the tariff. and that a bi· eyde '<·omple>t1" a.<; cnunwrated in thl' tariff.mn"t. h1• P!lti1v i11 c•\"t•ry rC'spr<'t. a1ul that tlw bic·~·C'!C's in 1·onlro\"er,.:y an• not '1·omJllC'f('' for the> reason thn1 tlu·~' lnf'k nu ah .... olut1•ly ··~-~t'nli;d part-1he ruhbl'I" tire~. OFFICIAL GAZETTE 241 "TIH' eolll'c·tor in his deC"ision. ovcrrnlinµ: appc•llnnt,;' profr,.:t. r-itatC'" thal till' hie,\'clcs as imported are c•s.sl'ntially bil·.nlc;; al\CI that llwir impol'tation without the rubber tirc~ess(•1Jtial partsi:i a plan to evade the proper assessment of duties. "The court is of the opinion that it is immaterial whl'lher tl1c article imported is essentially a bicycle or not; the question is· whether or not it is a bicycle complete, as cnumeruted in the tariff law. "The bicycles in contro\'ersy, without rubber tires. clearly art' not bicycles complete, even though they arC' sufficient_ly c•ompll'tNI to use for a nry brief period. Their condition is not wlrnt is con· templated by the term complete as used in the law or in a commercial sense. "Al'e the bieycles in <·ontrowrs~· then detad1ed pal'ts of hi<"~·clcs ns contemplated by paragraph 2•>2 (b) of the Tariff He,·ision Law, as <·!aimed by the appt'Jlants? "The hi<'ycles in conlro\·crsy arc assemb!C'd complete, C'Xcept th<' ruhhC'r tires, and haYing no lamps; and this eomt is of th<' opinion 1.hat they are thus not lletaehed parts of hicydes, al'J eontemplnted by paragraph 2;)2 (b) of the Tariff Act or in a commercial sense. "The bicycll's in contro\·Nsy do not appear to be spl'eifieal\y, enumernted in the Tal'iff Act and resort must be had to the proper rnle to dE'termine theil' classification. "Rule l:J of the Philippine Tal'iff He\•ision Law provides: 'Articles not enumerated in the tariff shall. for the applieo1tion of duty, be assimilated to those which they most dm;E'ly resf'mble.' "The eourl is of the opinion that the bicy<'lcs in eontrovC'rsy morl' elosely rt">i'mblt' bicycles complete, without lamps, than the~· do dl'b\C"\wd parts of bicycles and that thC'~' are proper\~· <·lassified untler po.rugruph 252 (a.), section 11. of the l!JOI Philippine' "The pn•wntation of thl' <"ase shows that tht' <'lippt'l's in qur,.;tion ;U't' made of steel haYing woodl'n handles trimmed with hrass. "These clippers come undE'r .the gt>neral head of sheal's. "Pnragraphs 54 a or c and d ure the on\~· parngraph!'I of thl' Tariff Re\·ision Aet whert' slwnrs are mentioned. Paragrnph 54 " is as follows: •,)4 Cutlery: (a.) Bukhers'. shoemakE'rs', snddlers', kitcllC'n. brC>ad. \·C'getable. chet'Sf', plumbers'. and painter"' kniYCs, with wood handles, table knfres nnd forks, with wood hnndle:-;. scissors and !!hears, with glazed or japanned bows, N. \\'. • • "".' And 54 c is as follows: '(c) Pruning and budding kni\·es, ~rt·ass, garden. hedge, pruning, and sheep shear;i. N_ \\". . . ._, '·Thi' clippers in C'ontroversy nre not spceifically enumerated in l'ithE'I· of tlwse paragraphs. "Paragrnph ;)4 dis a;; follows: '(d) f:j,urgical and dental instruments, fishing hooks, and nil othel' eutlery. including seissors and shears not otherwise prodded for. • " ".' "It therefore nppears that the clippers in controven'y nre there specifienlly llH"lltioned as shears not otherwise prO\·idE'd for and nrc p1·operly elassified under this paragraph. ''The dl'{'ision of the l'olll'ctor of Customs is affirnwd. ".-\. S. CROSSFIELD, ,fridge. "I concur: "FEux l\L H.oxAs, ,/11d!Jc." PAil. II. The abO\·e dl'l'ision of the Conrt of Customs Appeals sustnins that mnde in Tariff De<'ision Circulal' Xo. a;;o of lhi$ olfiel.'. You will lw guided nt•cordingly. H. B. .:\lcCoY. :lcti11y Coll<'Clor of <'11slo111s for the Philippi11e hla11d.~. Tariff R1•\·ision Law. "The dedsion of tlw Collector of Customs is nffirmed. <'Osts to either pal't~» Ko Xo. :JSi.-Blankels in the piece, 110 s11r.tax for 11wl.'ing 11v; d<'ci.~ion o( /Ire r.ourt of C11sto111s .·I 11JJ('(t/,9. "A. S. CnossJ"lELt>, .Judge. "I eoneur: "FELIX j\l, HoxAs, Jud!J<'." PAn. II. The ab0\'1• dl'ci:-;ion of thl' Court of Customs Appc>als :-;nstain!> that mail<' in Tariff Dl•('ision Cirl'ulnr Xo. :JOi of this ofli<"c. You will he ,!!llitl('(l lll'COl'llingly. H. B. l\IcCoY, .'1ctinr1 Collector of f'11stoms for the Philippi11e /slamls. Xo. 386.-//oiwc clip11<·r.~ arc shcurs 111ulc1· pumy/'(/ph ,).~ d; dcci· sio11 of the Court of ru.~lo11rn Appeals. JIA:Xll .. \. l"cbrnury 21, J!JO~. To all Collector.~ of C'11sto111s: PAHAUllAPll I. Thi' following decision of thl' ('ourt of Customs Appeals. n•ndcr<'d Fehnuu·r J:l. 1!104, is lwr<"hy puhlislwtl for lh<' informntion nnd guidam"l' of all <'01\('C'l'l\l'd: ''l').;ITE!l H'fATI-:s 01'' AMEIUCA, J>111L1l'l'IXE JsLA:XllS. ••('Ol'l!T 01'' ('l'STIHIS "\l'l'EAJ,S, "Apprul ill the case of l\11n1:;fc & :Slrl'iff. "[Dork.et No. liGO. Appell\ No. 610. l'rot('st ~o. 2·M3.) ''UF.(;ISIOX. "('11oss1··u:1.n, ./ udyc: "This ('l\Sl' is hl'fon• tin' «ourl for trial upon the uppeal of l\IC'ssrs. K1wnY.h• & Hti·l'iff from tlll' 'h•1·isio11 of the Collct·tor of Customs fol' the l'hilippi1w An·hipelnj!o. (l\'Prruling appcllnnts' prott•st nw1i11:;.l tJu• elassilfralioll of ('(•rtain horse cJippl'rS \11\(it'l' pnrnµ-rnph ii-t d, insh•nd of ."l4 " or 1· of tlw l!lOl Tnriff Rl•\·ision Ad. "I-I. H(«\Un10ut apJJl'an•d for till' (;m·prnuwnt. P. A . .:\h•ypr for llw dl'f1>111l1111ts. 15G5ti-:~ .:\1Ax1u, February 29, 190-~. 7'o all Collcclor8 of ('11sto111s: P AllAGl!Al'II I. Thi' following dc(•isiol\ of the Court of Customs Appeals, rl'ntll'red Fl'lirm1ry J:~, l!lO.f, is h<'l'<'hy publis!J('d for the infornmtion um! guidnnce of all <'Ollcl'rned: "Cx1n:11 STAn;s 01'' AMERICA, PHILIPl'l:\'E ISLAXUS. "ConiT 01'' ( 'l'S'l'O~IS APl'EALS. ".ippe"l in /he cn.9c of Bclm Jfq1c1· & ('o. "[Docket :Ko. H~6. Appeal :\o. fl<J5. l'rot~st No. 2042.] "m:c1siox. ''( '1:oss1-'1~:r.n, ,/11d!Jc: "This {'asc is hc>fol'I' th1• ('OUJ't for trial upon till' 11p1wal of R1•lm .:\IC'~'l'r & Co., from tht• dl'('ision of thl' C'olll'etor of ('usloms for the Philippine ~\n·hip1·li1go. o\'t>l'l'Uling app<'llunts' protl'st a;.rnin . ..;t the impo:-;ition of a surtnx of ao 1wr ('l'llt on the> dutil's lt·\·h·d on 1·ertnin cardl·d <'Olton kxtil1•s in blaukl•ts, for lwin,!! nuuh• up. '':\Ir. Harlforcl B1>aUJ1~011t appPart•d for th1• (;o\·<'rnm<'nt.· :\Ir. F. Bernho1nlt for lilt' appt•llanls. "Tlw l'll>il' as pt·1•s1•11t1•tl Ht the triul disdosl's that tlw hb111k1•ts in qm•stion Wt'\'(' importl'd iu tlw pil'l'<'. l:! hlnnkcts iu a pi1•1·t'. nm\ Wl'l'I' <·h1s:-;ifa•el for lill' It·\-,\' of lint~· undl'l' parngrnph It:! 1-, ns 1•areh•d ll·xt.iks iu hlankt>t". \rith this 1·la,,si!ieutio11 lill'J'l' npp1•111·s to h1• no qu<>st ion. l'pou the• dnlit>» thus l<'\'il'd a ,,11rt:1x of :UI pl'l' ('<'Ill ns for mndl'·Up nrtie·l<•s was imposl•d in at'l'Ol'1lam·<> with 11ot1· appPuringnt tlw foot of )JHl'il,!!!'aJlh It:! c of tlw Tnriff Hnision .-\et. Thi" note• is as follows; 'Blankt•ts in p11i1·s. h1'1Hl111•1I 01· houn,J, and s1•1mratt• hlank1•ts ,;h;1[\ hl' 1·011,.;i(lt•n•1l as nia1IP-ILP a1·ti,•l1•s for tlll' applil'ntion of tlw l'OIT<'spnndin,!! ,.;urtax.' '"l'lw on\~· q1w;;tiou hdo!'(' till' e·011rl i>< wlwtlwr or not the ~:!'.;1':.~~,i~~1~1\1~0:\~::o~::::~:o~\1:~ ~::~::. •;~ ~:i::~:;1:1~ :::1·1~:11~\~~i.Pt-l to thl' 242 OFFICIAL GAZETTE "To dctrnuine the 11uestio11 it is llP<·•·.~snQ' to nse•·1·tain just tlw use of the Cnih·d 8tatl's consular oflicers in thnt country, whut blankets are, by the terms of tlH' uot(', mudc> suhjcct to the c•xcept that the United States consul at Athens can obtll:in suppli~s imposition of a 'surtax. free of duty by obtaining a permit signed by thP l"nitcd States "Blankets in pairs and srparatc hlirnkt•t,; nn• spf'eified, and it ministC'r; that the Go\•ernment of Austria-Hung-ary· admit;; free ap1wars that the phrase 'hrmmed or bound' must be considered of duty 'shields, flags, official seals, and the like;' that the Govas a limitation on blankets in pair,; ancl sPparate blankets; if not. · crnmcnt of Belgium admits free 'consular emblems, suC'h as flags. to what cloes the phra.~e 'hemmecl or bound' n•latC'? If the phrase' !:ieals, coats of arms, and other articles of the same kind'; that 'hemnwd or bound' is a limitntion upon other blankets than those the GovcrnmC'nts of S\\·C'den and :Norway admit frC(' •ft.a,gs, coats specified, thrn the note must be read, 'blankets in pair!:i, blankets of arms, books, and printed matter, if imported for the exclusi\·e IH'mmcd or bound, and scparnlt· lilankt'ts.' 11.~e of the consulates'; and that the Government of the Xether"Such <'onstruction does not app1•;1r rea1'011ahl<', for there would lands admits free of dut:• 'flags and escutcheons' only; nnd it be a repetition of the blankC'ts to \\·hich the smtax should apply- having be<>n ascertained also that thf' Governments of Boli\'ia, that is, 'blankets in pairs' and 's1•parall• hlank1•ts' \\·ould indmlc> Chill', Dl'mnark, Japan, Roumania. Hussin. am! St'rvin do not 'blankets hemmed or l.1011nd.' nllow the free entry of supplies of any kind sent by tlw Cnited "Disrl'g11nling the punetnation afll-r tlw wore! pairs in ;;aid States Government to its consular representath·es in tlio!:ie counnote and the phrase 'hcnmwd or hound' might he understood to tril's, collcetors of customs arc according!~· directed to obser\'e a limit th<> words 'l.ilunkets in pairs' only. rccipl'ocal practice in regard to such consular supplies of the "Taking paragraph 123 of the Tariff Rr,·ision . .\<-t. which is as abo\·c-mentione>d countries as ma~· be imported into the Philippine follows: 'Carded trxtiles in blankets and other al'ticlcs' together with said note and the fnir 1·onstn1ction i:-; that to subje>c:t blankets to the surtax us for 'made-up arti<"h•s' th1'.\" must appt'ar to ha,·e had some additional labor expl'nded on thrm aftel' the textile was manufaeturcd, otherwise the word hlank1•ts appearing in the body of the paragraph 123 has no signifieation. ''The court finds that the surtax should not hiwe been imposed. "The del'ision of the Colll.'ctor of Custom:-; is modified to comply with the a\m\·e findings. !\'o costs to ('ither party. ··.·\, S. CllOSl:Hi'IELU, Judge. "1 COnCUl': "1•'EL1X )L ROXAS, Judge.'' PAn. II. The uhoYe deeision of the Court of Customs Appeals is not in eonfliet with Tariff Dcl"ision Circular Xo. 54, and should he interpreted to apply to blankets on!~-. and not to other artiC'les. H. H. )lcCoY. Aeling Collector of Ct1slom.<> for the J'hilippi11t' /.<1la11d.'/. Xo. 388.-Classification of kinctoscopc rmd cillc11wloyrnph /ilm.<1 a11d typcmrifcr ·ribbon.'I. )LL'ill.A . .I/arch J, 190.~. 'l'o 111l Collet'/ ors of C11s/oms: PARA<;RAPII I. It i:-; hcr('hy ruled that killl'lo-.;eop(' and cinl'nmtogrnph films nnd typC"writ<•r ribbons shall lw clnssifiC'd under paragraph Xo. 2~i7 of tlw Tariff llcYision Law of l!IOI: /'rorided, Thnt the fihn!:i or ribbons whieh arc actunll\• att:whcd to machines imJH?rtcd shall be dutiublc with the m1tcl;i1w. PAR. II. So much of Tal"iff DC"cision ('irC'ular Xo. 61 a:-; i:-; in conflict with thi:s d('Ci!:iion is lwn•hy rt•\·ok1•cl. H. B. :\ld'oy, Acti11y Collector of C11,~/oms for 1/11• /'/lilippim: Js/aml-~. Xo. 38!1.-('011.'/11/111· Hrtpplit',~. :\IAXILA, J/an:h 1, 190~. 'l'o rill Colleclorn of Customs: Tnriff Decision Circulur Xo. 220 of this ollie1', 1lnlc-c\ DC'C('l.lllM'r 1, 1902, um<.'nding SPction :1 of Tariff Decision l'ircu\ur Xo. j .), is hereby uml'nded to reucl ns follows: "3, It lutving' hel'n ascl'rtni1H'd thut tlw UO\'Nlllll('l\t,; of Argentina, Chinn, Colombia, l'oslit Rica. ('ulm, Dominican Hepnhli<', Ecuador, Frurn•c>, Ut>rnmny. Gn•at Bl'itnin, Ital~·, Ilniti. llondurns, Korf'n, LihPrin, )[<'xic>o, .:\ic1truguu. Pa1·01guuy, Pl.'ru. l'l'rsin, Portugnl, Hun Snlnulor, Si1~111. Spuin, 8witzf'rland, Tnrkl'y, Vc1wzm•ln, und l "ruguny nllow fn•f' t>nfr,\' of all oniciul supplies Sf'Ut lo l "nitl'd Stnll•s ('OJl;;ulnr olli<•c>rs in thos1• <'011ntri1•s tlu1t th(' GoYNnnwnt nf {:n•1•c>1' 11;;,;pss(•s duty on all o!lieial :mppli('S sent for Islands." H. Il. :\lcCoY, A.cti119 Collector of Customs for the Phili11pi11c Jsla11ds. Xo. ;rno.-S/ontgc charges in the na.turr of rent; mies of storage irltcn fixed. a11d prom1tl9atcd can not be modified as to individ~ ut1l cases. )IA:\"ILA, .Jlarc1~ 1, 1904. 'l'o 11.fl Collectors of Uustonis: The following is hereby published for the inforamtion and guidance of all <'Oncerned: "In the matter of Prntest No. 2698, fill'<l Dc>eemher 8. 1903, b~· the American Hardware nnd Plumbing Company, against the action of tlw Collector of Customs for the }Jhilippine Islands, aet· ing as Collector of Customs for th<> port of )fanila, in assrssing and collecting storagf' ehargrs on ('('l'tain llU'l'ehnndise, Storage \'om·hcr No. 1896;}, paid De("C'lllbcr 7, l!.!Oa. "This protest relates_ to the collC'etion of storage chnrgl':-; on ('l'rtain nlC'rchandise rt'maining in Go\·ernment warehouses. Tiii' facts in the case arc as follows: "The merchandise in qul.'stion nrriHd ut this port on 1\Iarch 24. l!JO~. by the steamship J11drasamha, which \'essel had beC'll \neeked in the Yicinity of Singaporf'. Thi' merchundis(> was 1111loaded and repaeked at that port, and henel' bc>forc uninil in :\fanila many of the eas1•,; Wl'l'e brokr11. marks WCI'<.' oblitl'l·ulf'd. and the <•argo was indisrriminutPly mix1•1l. l'pon lalllling at this port th(' l·argo was pluc<.'d in 11. sf'parntf' wun·house nm! ('\"c>rything pos;;ihl<' done to 1·xpetlit<• it,; dispatrh. Affrr landing· it wa!:i nece,;;;ar_r to 1•ompil(' am\ prf'sent a manifl'!:it of the mrgo and to ha\"\• a snn·1·y of th1• s('n•ral eonsignments 1mull' by the insnrnnce nndt'r· writers. all of whi('h <"nused long dC'ln~·. and it wns not until July of tlw sanw _\"('!Ir that tlw lllf'rdmmlisl' wns rrndy for examination, (\c>li\0 1'1"~· hl'illl! tnkPn by thC' importPr on .Jul,v 17 nnd 18 and .:\.ugnst !I. 8torage \\"as llSSPssPd nt. thr ratr of $.), )ll'Xi(·1111 (·111·n•11c·y, per lon. pt'r month. from April I~ (fifteen tla~·s aft.er landing) to tlH' 11hon• 1lntt·s. hut was not pnid until Dl'('t'mbc>r ';". 1110:1, a 1wrso11al ;..:rnu·ant<'t• for its paynwnt ll<'ing t11k1•11 pending a 1\t•l'ision in th<• mattl'r h~· th(' lnsnlnr Collector. ··Two ('OlllllHllli('alious ha\"(• h('('ll l"<'('l'h°ed b~· this olli1·P from l11C' irnportc>r iu this ('Ollllt'('tion. from thl.' first of whiC'h ti\(' following is quot1•d: ·Jn \"if'\\' of th1• for<'going foets arnl thl' slrl'lll!OllS c'fforts nuul<• by us to 1n·oid the> C'Xtrnonlinar~· dE>lu~· n•fNred to. we• sincC'rel~- hop<' you will hr id1IC' to >il'l' your wny l'l1•ar to rednel' th(' storngr• l'h:u·gp,; hy at. lc>nst :iO pt'l' 1·1•11t. \\"t> do not wi.-h to ask anything unjust. hut. \\'<' ;;i11c•1•rc>ly hrlien thut ~-on will npprec•ink thC' IWl'Hiinr 1·ornlition surrounding this ('ll"t' nnd ad lll'('Ol'liing\y.' ··Th(' :-;1•c·n1Hl j,; a formal proll•st mn1l1• afh'r paynwnt. am! n,..ks OFFICIAL GAZETTE 248 for the remisJo1ion of all storage charges, on the gl'ound that the d(•)ay was not the fault of the importc1·. "Considering first simply the question made b;y this formal protest, this office finds that the goods migl1t IHn·1• been removed at any time ton bonded warehouse, where segregation and insurance adjustment might have been pursued at leiSlll'C', and that this course was in fact urged by this office upon the representatin•s of the merc:han<lise, but without effect. "Storage charges are in the nature of rent cha1w•d by the Go\·· ernment for valuable storage space. Tlwy arc not pennl C'Xaetions, and therefore the question of the guilt 01· innocenCI', diligence or negligence, of the importrr is immaterial. If th<' goods occupy Government space, the l'l'nt (stol'agc) accrues arnl must be paid l'egardless of the will of the owncl', just as rent for a house continues as long as it is occupied; that there are obstacles to removal does not remit the rent. "On the issue, then, as made by the protest. tlw decision must l'<'l'tainlv be in favor of the Go\·ernmcnt; but might not storage <·harges~ be rf'mittccl as requested in tlie first letter? Paragraph 234 0£ the Customs Admini;itratin'! Act" provides that the Insular Collector shall fix and promulgate annually rntes of storage. and this office holds that \\·\wn rates are so fixed and promulgated they become regulations which have thC' full force and C'ffeC"t of legislative enactments and which can not he modified to meC't the exigencies of indi\·idual hard cases. To insurf' perfect justicC', the rule of law must ht• uniform. That u11.iformity would be brok<'n if it were within t.h(• power of a Col!C'ctor of Customs to <"Ut and lit the rat<'s to suit his fancy. In passing upon a protest s11d1 as the present.. the only question is as to wh(•t.lwr the rates as lawfully prnm11lgated ha\·e been correctly appli<'d. Jf the;i,' han• hf'<'n. tlu>n tlw decision must so nflirm, ancl that decision b final and conclusivc save in those cases which an• appcall'd to the C'ourt of Cui;;torns Appeals. "Protest Xo. 2698, on the grounds mentioncd alio\"c, i;; tlwrcfore O\"('rruled and denied. (Signed) H. R. ::\IcCo~·. Acting ColleC'tor of Customs for the Philippine Islands." 11. B. :'IIcCoY, Acting Collector of Customs foi· the Philippine Jsl<tnds. Contents. Public lows: No. 7077, appropriating 910,000, In money of the l'nitl'd !'!nit's, for general purpo..~es. to be disbnl'!<t'd 'lt Washington. D. C. ~o. 1078, giving to Gour~ of Fir.;t Instance ,urisdil'ti•.>11 over nil offenses mnde punishable by Act :\o. !I of the lcgislo.twe cou111•1I of the Moro Province, entitled "An Act defining the crimes of slan~ holding 1111d .~la\·e hunting, nnd prescribing tlw punishment therefor." 0 }'ublie laws-Continued. No. 10i9, repealing a portion of Act No.~;, relating to thP office of TCJK1rler of the deeisions of the Supreme Colut, and crcuting that ofticc as an indCJJcndent ont·, ctr. No. 1080, amending sc<"tions 2, 3. and .')of Act No. 1030, entitled "An A<"t ~f';r1b~fi~~~0:n°<r-:X11~~n~.0~c~~i':'~:.S~0~,~iac;~~~~~ HJ~~Wfui;~ city of llanila. IJPcisions of the Snprcmc Court: 'fhe {;nited States 1w. Ignacio Bunda I ct al. Lim · Yap. The 1'8. Severo Alcllntara. The 1•s. Paulino Garcia. The rw. Fred Freimuth. The n. Francisco de la Crnz et al. Bureau of Just ce: The Union Snret}· nnd Gtrnrnnty Compnny. Burcnu of Customs and Immigration: 'J'nritf Decision Circulnrs~o. ai4, (l) steam cn~inc: (2) boiler nnd detached part.s. No. :ns, anchors, cluuns, etc.: goods cnt<'red for consumption, no refund upon reCxportntion. Xo. 3iti, add1tionnl charges. ~~: ~~k ~~~~~l~~.~iY~i.i;~irtnx on. ::\o. 379, used surgicnl instrnments n.nd nccessories: re free entry of. Xo. 380, towels, two In the piece: surtax applicable for making up: decision of the Court of Customs Appeals. :»o. 381, blocks for n.lmnnncs not scientific, lltero.ry, and nrtistil• works: Spanish books not free of duty under paragraph 382 (a). Xo. 382. machine sheur.; not sawmill machinery; decision of the Court of Customs AppPals. :-;o. 3S3. invoice and entered values not conclusive as against the Go,·crnment; burden of proof on J!Cl'l;Oll impcncbing appraised values. No. 381. \•civets of cotton nnd sLlk. No. 38.5, bicycles without tires not dutiable as detached parts: decision N<~.f ~.1~'i!:! ~f1~~~~~:e~t~~i:!8imdcr paragraph 5-1. (<!);decision or the Court of Customs Appeals. Xo. a!\7, blnnkets in the piece. no surtax for moking up: decision of the Court of Customs Appcnls. Xo. aAA. dn.ssi/i(•ntion or kinctos<'op~· n.nd clnematograph lilms ond typewriter rihbons. No. 3119. consular supplies. Xo. 390, storRge charges in the nature of rent; mies of storage, when flx<'CI and promulgolcd. con not be modilkcl n..~ to individual ea."<e.~. QD~~iri Published by authority of the In~ular Government under and by virtue of Act No. 453 of the Philippine Commission. VoL. II MANILA, P. I., ~IA !WH 30, 1904. No. l;J PU.BT~TC LA 'vs. LNo. 1088.1 :\X :\CT TO ,UIEND ACT KL\IBim1.-:n ~INETY. Hy a11tlwrity of the Fniled Stales. /!(' ii nwcled by the l'hifippinc Commission, that: SECTIOX I. \\"ith the COllClllTl'llCl' Hilt! approval of th{' Sc(•f('tal'y of \Ynr first hnd, rule fifty-eight. of Ad X11111bcre1I Ninety is herebr :11ncndl'd b~- ."<triking out nftrr the wonb ··uncll'r lh<' ap propiatc funds or \wads of iH'l'OllUI." in tlll• ,..jxth linc> thcrMf. the words t'nnd furni:.;h therewith abstracts showing in <il'tail the amounts received under eaC"h lwatl, from ,,-horn rrcl'i\·ctl, and giving the numb('rs arnl dates of th<' reC'ripls iss1wd therefor." SEC. 2. Ruic fifty-ni1w of ;;aid Ad i" hcrl'by aml'JH\('1\ hy striking out after the word .. account" in the third Jin<· tlw1vof the words '·abstraets showing iu detail tlw amrnmts ]'<li~I llWll'l" eac•h !wad, to whom paid, and gi\"ing- tlw n11mbCJ"s awl !lat<-." nf llw warrnnl,.; bsuerl in payment, which w11rra11b; shall be fi!t•rl wit.h his H("t"ount, submitted to the .-\uditor," and im;Prting in li1•11 thereof l11C" word,; ··the warrants propPrly canceled, which w;1rrants shall be retained permanently h:> tlw Auclitor,"' so that tlie rule as amend('(! shall n•ad as follows: "Ri·LE 59. HI' shall credit him~elf with all mo11t·}·s paid on aC'count of the service for whiel1 u~om•.\" is appropriated. <111(\ file with hi,; account the warrants prnpcrly ca1welecl, whfrh warrants ~hall he retained Jl<'l"lnanentl.v by the .-\uditor." SEC. 3. Rule fii:xty of .~aid "\ct i." lwn•liy anwHdPd h.\" i11>wrti11gaft1•r thr words "f-ip1·n•lar,\· of \Yar." in lh'· sP<·om\ li1w tlwrPof. thP words "and to thP Civil Uo\"Cl"llor of the Philippin1• J-.lnnds.'' Saicl rulr is hl'l"Ph.\• further allH'lHkd h~· striking- out tlw hah111f'(' of tlw parag-raph aftpr tlw wnn\ "month'' in tlu• t.hlrcl lirw tlwrrof. an!l inserting in lil'n of lhc words so ,.,trfrkl•u oul tl11' words. '·a 1·opy of the monthly aecounl-1·mTt•nl whi,•h lw i" r1•1p1in•d to furnish to the Auditor." ."o that 11H• 1·11lc• ns HIJl(•Jldc'<I -.Judi' read a""' follows: "Hr·u.; GO. The Treasllr<'r shall flfrmtnl lo lhP Sp(·n•lar_,. of \\",1r nTHI 1o the Civil Governor of tlw PhilippinP lslamb. nol latPr than ten days aftl'r the (•xpirntion of t'a<'ll month. a f'OP.V of 1he monthly account-curn•nl which h!• i" rP'jlllr('(I to furnish to the Auditor." S~:c. 4. The public good requiring the spet·d.v rnaetnwnt of this bill. the passage of the fianw is hereby 1•xpPrlitrcl in acconlanc<' with ~ection lwo of "An Act prescribing thP of ord1•r of J!rOCl'(lm·1· J,_,. tlw Commission in the cnactnwnt of la\\·,.,'· passt>d Sc·plt•mber lwPnl_,·-~i:xth, nineteen hundred. St:c. .). Thifi Act shall take effect on its passagr. En:ictl'CI. )farr!1 11, 1904. l Ko. 1089.J .\\: .\CT EXTE:\DI\:(; THE 'l'L\lE FOR THE PAYMENT 01"' TJIE L.\KD T.\X IN THE PROVINCE OF LA LAGUNA FOH TllE YE.\I{ XIKET~E~ HUNDllED AND THREE 1·\""Tll. .\L\Y l•'Jl{ST. Xl!\ETEE~ HL':\'"DRED AND FOUR. Hy aullwrity u{ //w f"uiled Nlatc.~. be i! enacted by the l'hitippinc (!0111mis.,·iu11. Iha!: St;C'r,wx l. The pNiod for lhc payment, without. penalty, of tlw land la:-. for tlw yc;n nineteen hundred and three in the l'rorirn·,• ol" La Laguna is lwrcb;.· extended to )fa~· first, nineteen huHdn•cl arnl four, an;.·thing in previous Acts to the contrary uutwiths1 anding. SEc. t. TllP puhlic· good requiring the speedy emlct.ment of this l1il1. tlw pas"agc• of thr same is hereby expedited in accordance with ~'·elioH two of '".\n .\ct pn•seribing the order of procedure hy tl11' Commission in the euad1rnmL of laws," passed September twc•nly-si:xth. ninctc-eu hundred. SM". :~. This .·\ct slrnll take ('ffccl. on its passage. Ena('k,\, Mar<'h Hi, l!l04. EXECUTIVE OltDER AND PROCLAMATION. THF. GOVERNM.KST OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANILA, March 21, 1904. EXECUTIVE 0RDF.K 1_ No. 13. J The following·named persons having received a majority of the votes cast in the elections for provincial governor, held in the provinces desi1:,'llated, on February first, nineteen hundred and four, and any irregularities which may have occurred in such elections not being deemed of sufficient importance to set aside the proceedings of the convention called under the provisions of section four, Act Numbered Eighty-three, Philippine Commission, :is amended by Act Numbered Three hundred and thirtysix, their elections hnve bcPn duly confirmed: Province. .Julio Agcaoili_ --------------- Ilocos Norte. I\facario FUvila ______ Pangasinan. Bernardino Monreal __________________ Sorsogon. LUKE E. WRIGHT, Civil Governor. 246 OFJnCIAL GAZETTE BY THE CIVIL GOVERNOR OF THE PHILIPPJNE ISLANDSA PROCLAMATION. \\'hercas the President of the United States 11i<l, on the tenth dnv of :March, issue the following executive ordcl': ;,All officials of the Go\'crnmeut, civil, military, and naval, are hercb,y directed not only to observe the President's procla· mation of neutrality in the pending war between Russi£1. and Japan but also to abstain from either action or speech which can legitimately cause irritation to either of the combatants. The Government of the United States represents the people of the United States not only in the sincerity with which it is endeavoring to keep the scales of neutrality exact and even but in the sincerity with which it deplores the breaking out of the present war, and hopes that it will end at the earliest possible moment and with the smallest possible loss to those engagetl. Such a. war inc,·itnblv increases and inllanws the susceptibilities of the combatants 0to anything in the nnturc of an injury or slight by outsi<lcrs. Too offrn combatants make conflicting claims as to the duties and ohligations of ncutrnls, so tlrnt c\'cn wlwn disclmrging these duties and obligations with scrupulous C:tl"C' it is difficult to avoid giving offense to one or the other party; lo such unnvoidnble causes of offense due to the perform1rnec of national duties there must not be added any avoidable causes. It i's ahnws unfortunate to bring Old World antipathies am\ jealousies into our life or by speech or conduct to excite anger and r<'scntm<'nt lowartl our nation in friendly foreign lnnds, but in a Government employee' whose official position makes him in some sense the 1·eprcsC'ntative of the people the mischief. of such action is gr<:atlr increased. A strong and self-confident nation should be peculiarI:-o· careful not only of the rights but of the susceptibilities of its neighbors, nml nowadays all of the nations of the world are neighbors one to the other. Courtesy, mod<'mtion, and self-restraint should. mark international no less than priYate intercourse. ..\II the oltlcials of the Government, ci\·il. militUQ', and naval, arc expected so to cal"l'y themselves both in act and in deed as to gh·c no cause of just offense to the people of nny foreign and friendly power, and with all mankind we arc now in fri<'ndship. "TuEovoRE RoosEvEL~'. "WHITE Hol"SE, March 10, 190.}." Kow, therefore, I, Luke E. Wright, Ci\'il Go\'ernor of the Philippine Islands, <lo give. pulilicit:-o· to said cxccuti\'c order for the information of all concel'ned, and do enjoin strict complianee with nil the pro,·isions thereof. In tcstimon~· whereof I ha\'e lwrcunto sf't m~· hand and caused the seal of the Government of the Philippine Islands to he allixed. Done at the citv of Manila this fiftcf'nth dav of "'.\lurch, in lhe year of our Lord. one thousand ninl' hundred -and four. D:-o• the Civil Governor: . A. \\'. FEnc.n:ssos. Excc11ticc Secretary. Lutu: E. WRIGHT, Ciril Governor. DECISIONS OF THE SUPREME COUH1'. [Ko. 1:mo. J?chr1111rr :1, l!M.H.] J-:. <: . .1Jcc1:1,1,,H·uu. 11lai111in· 1111d. <ii1pcll1T. l"s. /( .. 11~·x1,1,1-: & ('()., 1fr>{•'11duut.~ u11d U/)1Jd/mr/.~. 1. :-\ALE: C•:t~TAll'TY of Co:ss1D•:11Ann:s.-.\ writtcnogreement hy whkhonepllr\y huys llnd tht other ~ells llt 11 price whkh. llllho11gh not spedfied in dol\1111< Riii\ cents, cnn he mwlc ccrt.n.in b)" rcfcrel\('C to ('Crt1tin im·oic<'S thL·n iu cxish-1ir1• 11111\ <'knrl~· ir\(>ntiflNl h)" the tLJ./Tl'!'llW\11. i~ n .-ump]('1f•d (•onlm<"1 of si1!c. 2. ID.: QL'Al.ITY.-Whcrc'.t11e 1tgrccment between the parties is thnt the buyer is to lake nil the tohncco in n r.ertain buililin~ nnd to pay therefor the price nnmed, the obligation rc1mltlngisabsolute, llnd in no wise depends upon the <Jlllllity of the loha.cco or it~;vnluc, a.nd statements in an Inventory subset111cntly dmwn a.s to the qnnli(~· of the tobacco do not affect the rights llll!l obligations of the parties. 3. PT,EAnJNG ANJI l'RAM"IC•:: MOTION •·on A NEW Tnu.L: GHOUNDS OF MOTION.-It is not neces.o;urr for the moving party to state at lcnJ;:th llnfl in detail his reasons for thinking he is cntilled toll new trial. Pn :\lcDoxol"Gll, ./ .. diss<'ntin;:r: 4, SALE; CON9Tl!UC'TIUN OF CoNTRAC'T.-A contmct for the sale of tobncco "ll.S shown in the inventory to be drnwn up'' makes the inl·entory, when drawn, an lntegrn\ part Of the agreement, though not mnde or delivered until a subsl'quent dny, and the description in such inventory of the quality of the tobacco imposes upon the vcmlor the obligation to deliver tobacco of the quality so Indicated. .~. IP.; !',\m•J,H: W AllRANT\".-Where the "cndec, prior to accepting a delivery, cxnmincs snmplcs of tobncco in bales furnished by the vendor, and pays thl' considcrnlion on the .~'trcogth of representations that the bulk of the tobncco .•old i~ similnr to the SRm11les exnmined, there Is an express warranty that the tobacco is of the same quality as the samples. 1;. In.: \\".\Itl!.A!'>TY; Dlt!lCRIPTIOS.-Whcn nn o.rticlc is sold by n particular dc..wrlptio11 in ll'rms known to the tmdc, the words of dcs(•ription nrc part of the <'Ontriwt a.ml imply a wnrrantr that the article corresponds to Its rlcsl·ription. 7. lu.: HmDEN ll•:n;c-rs: WARJl.\NTY.-Dcfcct.s In goods sold in bales or packages are hidden dl'fects 11gnimst which the vendor warrants the vcndee. .\PPJ~AL from a judgnwnt of th1• l'ourt of First Instance of "'.\·fanilu. Tlw facts arl'" stalt·d iu till' opinion of the court JosE "M. HosAno. for 11ppcllants. c;ums & K1:-;c.\m, for appl'lll't'. \YJl,LAllO, ./.: On August ::!i, l!JOI, tlu• partit•s to this action made a written 1·onfra('t whit•h ('ontailw1l among other things the following c·lausc: "For tlw pnrpos<' of earrying into effeet the ;;aid contract of ,;all' t•ntl'n•1l into with the otlwr purt,r hereto, said Francisco Uommlt•z y (h• la FtIPnte and Don . .\ntonio la Puentl• y Arce. in the mrnw and on behalf of the mercantile partnership d!'nominatec\ IL .\<'nllc & Co .. hy \"il"l\11• of the pow1•rs eonfcrred upon them and in l'Ompli111wt• \\"ilh tllt' instrm·tions ginm them liy Don Matias Sa1•nz de Vizm:mos ~- Lt•c·aroz, tlw managC'r of the :>11id pal'tner.-;hip, solemnly 1IPeliu·(· thnt tlu·~· ,.;p\I. ahsolutf'lr uml in fee simple, lo E. C. '.\h·Cul\ough, th1• tobiu•('O and <'igarettc factory known n;; 'La "'.\!aria Cristina' loml<'d at Xo. :rn Calle Eehague, Plaza (\(' (~oili. Santa C'ruz distl"id. thi:> l·ity. :<ni(l sale including the trndc-mark I.a :\lnrin l'ristiw1, whi(•)1 ha:> been duly registered, the sto(•k of tolml'l'O in lt'af and manufat'lun•d, machine!]', lab<'ls, wrnppt•rs. fnrnitnn'. fixlun•s. aud l'\'t•rylhing l'lsc belonging to the• said fad or.\". as showu in llw im·1·nlol'y to be drawn up for tlH• purpose of making formal dl'li\·1·1·,,· of tlw said property; all i)f th(• snuu· for lh1• foll(n\"ing sums: "(11) For tlw lrnusfN of tlu• 011·11p1·ship of tlw trud(•·mark La '.\)aria Ci-islinn. i0,000 pC'sus: "(bl For th(• 1Hal'hi1wr_v i11stalll·1I in tlw fa('lOI')", togctlwr with lools am! otlwr 1•11nipnwnt_all(\ (•ost of iu><tallalion, approxinmfrly. :m.ooo pC';.os; ''Id For th<' furuitnn'. npproximat<'l:"o". 4.i'iOO pesos; "(d) For tlw l1•af toha('C'O on IJHlHI. apprnxinml<'ly, i l,000 ])('SOS; ·' ! r·) l•'or the bOXl':. on lmud. npp1·oximat1•I,\·. l,iiOO peso~; .. f (J For llw munnfac·tnn·d tohi11·1•0 011 hanrl, approximatcl~·­ li .. 100 pt"<OS. "(!/l For ('iJ.!al" nnd l'il!arl'\t(• wrap1wr" aml l:ibd" at prC'senl on haud. 12,000 Jll'><O"; "'(1~) .·\ml for lht> stoc·k of ('ignrelle papC'r on hand, approximal"h" ~.ono JW><o": whir·h "ai(\ s11111..; m:1kl' in nll J:'i:J.000 lll'~O:<, O:FJ<'ICIAL GAZETTE 247 "This sum is subjl'<"t. lo modifh•ation. in a<'cordam•<' with the result shown b~, tlll' inv<'nlo.-y to lw (lrnwn up. lu this inYPnlor;-.· the value of l'nch individmd pil'('l' of furniturP \dll h1• lixc•d al. 10 pel' cent below the pricl' shown in illl' p;1rl1wrship im·1·nlory. The machinery nm! co,;t of in,;hilling liH· :-;;uu1• will nlsq lw lixNl at IO per cent bl'low its in\'oiee pricl'. Tlw vnluc of tlw tobacco. both in leaf and in prOC<'fis of manuf11ctm·1" hoXP>'. lah1•l..;, \\·rnpprrs, cigars, cigarettes, and p1lp<'r mouthpiC'1·l'" for eigarl'lh·>< \\"ill hC' fixed at the invoiel' price. 'rlw ,-ahlt' of llw toba\C'('O mndc up into cigars will \w fixf'd in 1H·1·ordn1H·1• with lht• pri<'<' list of tlie partnership. il'ss :W pt'!' 1'1'111 dis<·onut. ThP t·ig;ir.s \\·ill be inventoried at the prh'<"S in lhP snml' list. 11•ss a clis(·o1ml of 35 per C'ent. The $20.000 nwntimwd a,.. thl' rnltw nf tlH' tracll'mark will. how('\'C'r. 1·1•nmin mwlwni.:1'd.·· The iuventon· mentio1wd in this 1•011tnH·t \\·a,; :1ftl'nrnn\,; 11uHh· by the defend:mt and 1l1•liwn•!\ tn tlw plaintiff. who. prior to September 26, through an l'X]JPrt s1•ll'd<'d hy him. 1•xami1wc\ bales of the tobacco ;;ell'C'trd h,\· the tlrf1•mlnnt am.I whi(·h it,; agents snid were sample hair,; of lhl' diff1>n•nt lot,; of toh;H't·o mentioned in th(' inventory. T\w;;1• ,.;ampl1• Im\(•,; ('IJITt•spomlt•!\ as to qunlit,\· with tll(' lot;; d1';;1>rilwd in tlw innntory. am! on Seplemb1>r 26 thC' partit'" <'X<'l'llt1•1I a ~t·eond in,..trunwnl. which in addition to a redtnl of suhst~:nl't' of tlw 1•011lrnd of August 27, contained thf' following ('\;l\ls!",;: "Second. That the parties hC'rC'to han· l'Olll)ll1•t1•cl 1111' hdm·1· mentioned inventor.'· of ma<'him"ry, furn it nn·. ,;to1·k of tohat·(•o in leaf and munufaetured, boxes, labC'\>i, wmppt•r,.;. und tin· o\ht'r appurtenancl's of tlw said tolmt•c·o factory. rt>p1·e•,;('1Jti11g a total and effective n1.hw of 131,000 pe;;os. after d1>dneti11!! tlw tli,;eount agreed upon (or each artic-11', and in<'luding tilt' n1hw of Ill(' ln1<](•· mark, which a;; stated, was fixl'd at 20,000 pt>,;os; all(\ thaL E. C. :McCullough, the purchaser. reuminl'd in possr,.;,;ion of Lhr alm\·C'mentioned tobacco factory. and of all its appnrt<'mtnc·('" arnl tlw stock on hand to his entire and eomplC"tc sati>ifudiou. "Third. Tlmt b)' Yirtuc of thr: eonditions s('t. forth. tht• parli1•,; hereto fix the selling price of the aho\·l'·nwntio1w1I tnlHu·c·o fadory called 'La l\laria Cristina.' togeth1•r with it,.; tratlP·mark of llw same name, and all its appurtcnam·l's, at tlw said ,;11111 of :;a:IJ.000. on ac•count of which the Yl'ndel'. Mr. ).\1,('u\lough. nuthorizr,.; lhl' ,·endors. Don Francisco Gonzalez y de la Ftwntl' aml Don .-\ntouin la Pul'nte y An·<'. 'to collect and l'P('l'in• Ow :W.000 1w~os cl1•po,,itc•cl in tlw Rpani>;.\i.Philippine Bank for thnl purpo,.;t> arnl hin1I,; hi111· self to pa~· thC' i;.aid vcndces tlw $111.000 n·maininµ: for Ou• complete and total payment of the said pun·ha~t> pri(1' hy t 111· 30th day of Scptemher. instant, on whic-h datt• said ,;11111 mu,.;t be paid, and in case said payment ,;hall not h(• 1muh· h,,. )fr. :\k· Cullough on said date, the said contrnct of ,.;ale nf th1• ,.;aid fudor,\· will be rescinded, the said sum of 20,000 Jll'SOs ht'fol"I' 11H•ntio1wd accruing to tht> benefit of the rnprl"st•ntatin•s of H. Al'11ll1• & C'o." On September 30 they executed a third c·ontrnd, in \\·liiC'h tlw defendant ~cknowledged thl' 1·('(·<"ipt at that liHH' nf th!" full purchase prfre of the sail". Among other itemi;. of l<!af toba('l'O in tlw im·1•11tnry w1·1·c· t lw two following: "1. Y. P. I. 4.a S.-Ang-adanan-9fJ-221 hnll's. m•t. \l"<"ight 11q~. 571.35 at 40. $22,854. "2. Isnbela, 99 loose leave>s. J.n :!.n :I." l"l'-hnl<•d. 1wt 1n•i.!!ht. qqs. I:l0.32 at 42. $5,473." It is admitted that the fir.~t item nwa11,.; tlmt thC' 2:!1 halt•s \rt•J'<' of the fourth-class su1wrior, from Angatlannu ;HHI of tlw el'Op of 1899, and tliat the i6 bales in tht> ,.;1•('()nd itt>m w1•rl' fl'Om IsalH"la of the crop of 189f.l and of the first. ,.;(•1·n1HL nud thin! da""· In Dect>mber, HIOI, thl" plaintiff. with otlwrs, orgnnizt>tl n t•ompa.n:v. to whieh the> plaintiff sold all the tohae('o hought b.v him from the> dC'fC'ndant. The purehaser, the U!"\1· 1·nmpnn,v. on examining these two lot.<;, rejectt>d the>m be('ft.llSI' t11l" toba(•eo wa,.; not of the quality indicated in the i1wentory. Thereupon the plaintiff. claiming that the tobal'l'O in these two lots was worth· less, hrnnght this iwtiou against the dl'fcntlnnt to reco,·er what he paicl tlwrl'for, nanwly, tlw two .~mus of $2:2,854 nml $5,4i:t44. The> 1·ourt hl'low found that tlw first lot wa" worth nt thC' lime of thl' ,;a]p only 8 ])('sos 11 qnintal in,;tp~Hl of 40, the priC'e pni(\ h,,. the• plaintiff; 1hut. tlw st>c•oncl lot was worth 11 pC'sos in:.;l(•acl of 4:!, aud unlPn•cl jmlgnwnl against. the d1•fendanL for the (lifft>renC'e', whic·h amo11nted to :!4.109.2!) pesos. ThP- defcmlant PX<'t>ptcd to thP- judguwnt. mm·l'd for a Ill'\\' triul on the gronnd Lhat the <·,·id(•ll<'I' was in,.u!lit'il'nt to support tlw jndgnwnt. n11tl <'XCl'JltNI to tlw onlPr ti<'nying this motion. H was pro,·1•ll hy tlw lil'f1•1H\irnt nl thl' trial. h,\· uwans of the oriµ:inal i11n1i<"~'"· that. tlw p1·ie1•s slated in lhe innmtory werl' tlw pri<·('" whi<"h it paid for tlu• toha<·t•o and the plflintiff makes no daim to the> <"onlrnry. .\t tlw linw in (JIU'>il.ion thl' pluintiff was the O\\'IWI' of a prinlinl! Pstahli>ihnwnt and he tt>stified that he clesil'ctl to move it IQ tlw builtling in \\·]ii('h tlw 1ll'fe11dant had its cign.r factor~·; thal il \rn,.; i111po,,,.ihl1' for him to ;:n·l the building without buying tlw tolnu•1·0 f:wtory, aml for th;1t n•a,;on lw bought it, intending 1o .~1·11 it a,.; .~non a,.; lw 1·011\tl without lo,;s. Tlw said contract of .:\ul!ust ij (·ontaim•tl pro\'i.;ions for thl' l<'asing and ultimate purcha.~(· of the• hnilcling h,\' tlw plaintiff. Tlw 1lot·u1111•nl of .:\ugu ... t 27 wus a completNl contract of salt>. 1.\rt. l.Jc.10, ('iYil ('odt•.) Tlw nrlit'lt•s which Wl'l'C the subjl'ct of tlw ,.;nl(• \\·t'J"1• 1l1•!i11ih•I.\· am! li1mlly n/!l"l'etl upon. The appellee ngn•l'cl to huy. ;1moi1g otlwr thing.~. all of tlw il'af lobncco theu in the• fat•tory. Thi>i was sn!liC'i1·nt cle,,<·ription of the thing sold. 'J'lw prie1• for t•a<'h arti<"l1• was fix(•t\. It. i,.; hue that the pl'icC' nf tlJi,.; toluH'l'"· for 1•xi1111pl1•. was not ><tatl'd in dollars and cents in tlw l'Ontrat"l. But hy its tl'r111s the> apprllf'(> agreed lo pay tlwrdor llw Hmount namc:d in llw in\'oi1·C'" thC'n in existence. The pril'<' (•oulcl he• m111l1· c1•rb1in by a nwre refl'l·1•11ce to those invoices. In thj,, n•s[H'l't tlw contrnel j,, ('On•rf'd liy article 1447 of the l'.il"il ('ocl('. l\y the instnmwnl of .·\.t.1gust. 27 the contract wns p<"rf1•1"t1•cl arnl tlwrcnftt•r (•aeh party eould <'OlllJll'I the other to fullill ii. (..\rt. 12il8. ('iYil ("mll'.) ny its terms thl' appcllcc \\"n" hou111I to takt• all lht> h•al" iohat•t•o then lwlonging to the fadnr,\· am\ lo pny tlH'n•for tlw prit·('S nanwd in the invoices. Thi~ ohligaliou wa-. :1IN1lull' and (\i(l not dPpend at all upon tlw •111:dity of tlw lolmeeo 01· it.; ni111I'. The llJlJl'l'll<"e did not, in this 1•011trnl'\. rc•,;t'l"\·1· the• right tn r1•jc·C"t th<' tobacco if it Wl'l'C 1101 nf a ''PP1·iliPtl t•rop. lie ilid uot hu,v tobal'('o of a particular kiutl. t"lass. or quality. Ifr bought all the tobaeco which the ap1wllaut own('(I arnl agrel'd to pay for it what the defendant hae\ pai1I fo1· it. 'J'lw plaintiff tC'stilied thnl tliis was the express aJ!n•e•11w1it ( p. l (i). Tlwrl' is nothin_!! in thi;; C'ontnwt to show tl1nt lw houµ:l1t 221 hall's of fourth·e>]a,.;s supt>rior Angadannn of tlw l'rop of lSfJfJ. The fact that in the inventory subsequently mail<• llmt parti<"ular lot of tohaC'co i" mentioned can not in any n'"P"l'l <"hang1• Ow right.; of the parties which lmd already been fix(•cl h,\· tlw Pontrnd. Tht> pnrpose of this im·ent_ory was not to mak(• a m•w ('Olltracl for th!' partit>s. It could not add nnything 1o nor takt• an,\'lhiul! from tlw right" nml obligations of the pn.rti('s aln•a(\,,· ;;tat('(I in the t>Xisting C'ontra<"t. It;; sole purpose wns to a.;('(•rtain \rhai tlw total purchase pri<"e was. If it correct!}' gaq• tlw nnmh1•r of ball'i;. and the> price paid therefor by thP- apJIC'llant. neeonling to the invoiel's, it was a snflicient compli· an<·C' with th<' <'nntrnct. The fact that the tobac<"o wo1s der.cribed a,.; of 01w <'las,; instC'nd of anotlwr would be unimportant. The apJH'll(•(• 1lid not pnr<'IJas(• b,,. elass or qnnlit,\", but by quantity. Tlwr<' mi,.; t•\"id(•m'I' tt•rnling to show that the first lot instead of hl'illl! fonrth·c·lasf\ superior of 1899 WU."! fourth·class inferior of l8fJ8: am! tlw ><l'~oml lot instead of being of thC' first, second, and thil'tl l'fa,;;; of 18fJ9 wa.~ "particular" of 1898. The case is perhaps mad(• mo1·<' plain by supposing that when the inventory wns pr<'~rntl'd to tlw plaintiff these two lots were described 11.s "Y. P. I. fourth·e>lnss inft>rior Angadanan, 1898" am! as "Isabela Jwja8 s11<'lf11.~ pru·ficufor 1898." It. ;;ecrus ell?fl.T that if the inventory 248 O~'l!'ICIAL GAZETTE had been so written the plaintiff could not h,nve maintained this action. Ami, of com·st', if h(' could not have umintained the RC· tion under thosf' eiremnstanr<'s he rill\ uot under the existing circumstances. There is no e\·id<'nct> to show that any representations a;; lo the qunlity of thC' tol.mceo wl'l'c made to tlw plaintiff by the defendant prior to th<' ('ontrnct of August 2i, uor that there wns nn:y ngrceuwnt prior to thut time us to an exhibition of samples nor that the plnintiff prior to thnt time made uny examination or inquiry us to the quality of the tobacco. The fact is that the plaintiff in order lo get the building had to buy the factory and everythin:,: thnt wc•nt with it. Hf' saw himself obliged lo tnke all tlw toh;1t•co \\"hic·h the defendant had, no mattel' what its quulity was. Tht• th•ft•mlnnt was not willing to sell him thC' building and tlw ~ood tobacco which it hud on hand, rc>tuining itself that of poon•r cpmlity. He> had to take it all or not get the building. Ht• probably thought that he wi1s safe in a.gl'eeing to pay 110 morC' than thC' tlefC'11tlant had paid. But, however this may be and \\·lmtever nm)· ha\"e been hi!:I reasons therefor, it is certain that the plaintiff bound himself by the contract of August 27 to take all the tobac-co whic-h the defemlnnt then hnd and pay it therefor the prices that il had paid. He could relieve himself from this obligation onl)' b)' showing- cithf'r that the tobacco in the inventory was not owned by the defendant on August 27 or that the prices ,.;lated therein wen• not th<' prices which the defendant paid for it. He undertook to do n<'ither of these things, and his aC'tion mu . .;;t fail. 'fhc right to rescind a. contract for lesion when the vnlue is h•ss tlurn hnlf of the purchase price, given by Law 56, title 5, part 5, has Jx.en expressly taken away·by article 1293 of the Civil Cod<'. Article 1474 of the Civil Code has no application in this case. The fact that an article is of one grade or quality instead of another does not constitute a hidden defect within th<' meaning of that urticlP. It is claimed b)· the plnintiff, the app<>ll<'<'. that the motion for a new trial below should have specified more in detail the grounds of the motion. This contention C'an not IX' sustained. There is nothing in sections 145, 146, or 497 whieh require» the party to state at length :md in 1letnil his rf'asous for thinking that he is entitled to a new trial. In \·iew of tl1c result thus arrived at it is not n<'ers,;a1)· to consitler the othE'r c1ucstio11s argued by the parties. By artiele 497, Code of Civil Procedure, we are uuthoriY.cd in cases of this kind to find the facts from thl' evidem'<• and ·'render sueh final judgment as justice and l'quity require." (Benedicto t:S. De la Rama, December 8, H.103.) The judgment b<'low is reversed. We find tlw fa<'ts to h(• as hereinbefore stated and upon such facts \I"<' hole\ as a eoiwlnsion of law that the plaintiff can not recowr. .Judgm<'nt will be entered that the plaintiff take nothing by the action and that the defendant take nothin:.r by tlw a<'tion and that tlw 1l<'f<'nriant recover tht' costs of both courts. .-\relluno, (' .. 1.. Tnrres, and Mapa, ,J,J., :!\kDoNOt:GH, J ., dissenting: The plaintiff aml" defendant entered into an agreement August :!i, 1901. for thf' pnrehuse hr the plaintiff nnd ... ale by thC' df'fend· ant of certain renl property (a tobacco fa(•tory) uml a stock of tobacco, (•igars. cigarettes, furniture, etc .. eontainl'd in lhe fuetory. By this contract. it wns agreed, among other things, that lhe defendant solll to the plaintiff the tobacco and cigarette factory known as 'Maria Cristina,' • "' "' the stock of tobacco in leaf and manufa1t11recl • "' * as slwu;n in the inventory to be drawn up for the purpose of making formal dc]h·ery of the said property." The contraet contains estimates 01· proximate sum!! to be paid for t.he sf'vnal itl"mS of propnty. including- an itrm marked "d," ns follo,\·s.: "l•'or lf'af tobacco on hand, approximately, 71,000 peSO!i." It was further set forth that the various proximate sums, inelmling the 20,000 pesos for the good will, "make in all 153,500 pesos," which "sum is subject to modifieation in accordance with the result shown by the inventory to be drawn up, and in which inwntory the value of the tobacco in leaf and in 1n·or•<'ss of mnnufncture "' * * will be fixed at the invoice price." Jn a second agreement ma'de September 26, after the inYentory had been made, the value of the personal property and good will was agreed to be 131,000 pesos. By the eighth paragraph of the <'ontract the plaintiff is obligated lo pny the balance of the purchase price (he had deposited in hank 20,000 pc;;os to bind the bargain) "as soon as the inventory "' "' "' shall hnve been completed and it shall be possible to Jix tlw rxactness of the amount thereof." It was agreed that the clcff'ndant. was to have until the 30th day of September, or ht'fol"t' if possibll'. to l'OlllJllc>te lhe inYentory; and the plaintiff W>\s lo lun·e poss<'ssion of the property on the payment of the purdlns<' pri1•e. This iuwntor:y was subsequently made and delivered and l"Ontainecl not. only a description of each item of tobacco sold hut also the exnet price thereof. Thf' plaintiff contends that the leaf tobacco which he purchased was to he SU('h "us :o;hown in the inventory," and that its value was to he snc•h as shown in the invoice, the former referring to urtieles. the latter to their priec, because the parties referred not only to an invl'ntory hut to an invoice. This uc·tion of lhc partiC's shows that when they provided for an ''invC'ntory" th<'y knew the meaning of the word, and that lhc)· clid not intend by it a mere statement of prices. An inventory is a list or schedule or enumeration in writing, containing. artiele by article, the goods and chattels of a person. ( 17 Am. nnd Eng. Ent'. of Law, 419.) To the same effect is the clrfinitiou of Eseriche, in his dictionary, under the title "lnvcntol"y,'' di: ''The instrument in which is set down the property of a person or firm because it contains a list, article by article, of the belongings of a person or firm. • * * The making of an inventory is a presernttive act, the purpose of which is to show the condition * * * of the effects of a merchant or commereial partnership * • * to the end that the rights of the inter<'strd part.\' • * "' ma}' be fully protected." Th<' inn•ntory providrd for in this eontract is an essential part of the c·ontract, and, though not made and delivered until a subsequent dny, it is to be rend und weighed u,:; if it were annexf'd to the contract, for when made it rctroac:ted to the dale of the c·ontraet. (Civil Code, 1420.) This is not only 1\ rnle of the <·i\"il la\\. (Civil Codi'", 1285) but also of the common law, where it is ilf'ld thut if there be two instrllments embodying a contract betwe('n the parties the.\' must he construed together, although they hear different clntl's. (Dorthy vs. f\trnnehan, 20 App. Division IX. Y.). 89.J Tl follows, tlwr<'fore, that this contract is to be construed as if the goods \\·er<' sold "as shown" in an in\'entory or schedule annexed to the contract and made part of the contract. In this ill\-entor.'' the bales of tobacco in question wrre dcst'rihed hy certain marks, letters, words, and figures, known to tlw trnde, and whit'h. it was agreed, meant this: "221 bales of fonrth·class suprrior lraf tobacco, from Angadanan, of the t"rop of 188!)" and ''76 balf's of leuf tobacco of t11e first, second nnd third class, from lsabrla, of t.he erop of 1899." The price of the fonnn lot was s<'t down at $40 per qnintal. amounting to $22,845, nnd the price of the latter at $42 per quintnl, amounting to $5,47:l. When the plaintiff re<'eived the inventory, he requested that an expert, to he selected by him, be permitted to examine the tobarco. The defendant consented, and, through its agents selected what they represented to be samples of a-ll Ilic tobacco. The expert examined these samprt:·s Ol!'FICIAL GAZETTE 249 and found tlmt they oon·espomled with thC' tobacco mentioned in the im·entory. The pluintilf thl'reupon, und on the 30th day of Septembc>r, paid to thl' d<'fcndant thl' lmlunC'c of the pun·hast' priC<', and on tht" le;l da:\' of Oetolx>r, HIOI. the dt•fl'ndnnt dt•li\'l'l'('{I to thC' plaintiff the 1n·opl'rty pmduu!l'll by him. Aftl'r such delive>ry the plaintiff 1liseo\·rrl'1l that the two lots of tobacco nQ.o\'e mentioned were faulty aml d..-.fectiw. in that thr toblH'('O wns bad, wns not of the quality d1•s1•ril)('cl iu tlw inn•ntor~·. was not of the crop of 1899, but rathn of 1898, and did not «OlTe~pond with the samples shown to pl11i11tilf hy the dC'fc>ndant. I-fr therefore suMI the defendant for damuges a11tl n•1•on•red judgment for tlw sum of 24.IO!l.2!l prsos. From this judgllH'llt tlu· dC'fC'mlnnt nppenled and it is now contC"ndC"d that this jmlgllH'llt should be reYC'rsed beeam•f' there wus no wurrunty of the quality of the tobacco, express or implied. It is clninll'd that the plaintiff bought all tlw tobneC'o in the factor:-.·. no matter what its condition or qunlity was, and that he must pay full prfre for it even if n large part of it llll"IH'(l out, as it did, to be worthless. C'Yen thoug-h it did not (·orrespond with the samples and C'\"C'n though it wa,; not of the crop or 11uality described in the inventory. The constrnction of thC' c•ontrnc-t which would lea1l to thi,; conclusion mC'ans th11t the plnintiff int••ndC'tl. whPn hp PXec·utr>il the document dated August 27. to shut his C')'C'S, to l\e(·C'pt tobuceo <'Osting thou!:iimds of dollars without wnnunty, without ex111nination, and without gi\'ing any wei~hi or effel't to th<' invC"ntor~· lo be made; and thnt thC' defendant intC"nded thut llw plaintiff would do all this, notwithstnnding tlu• f1l<'t that the p111·tiPs lhemseh·es, by their own nets. showC'd that nPitlwr of tlwm had any such intention. for the pl1tintiff. long nftC'l' August 27. d<'sir<'d to Cxamine the tobiwco, and the defendant. not onl:-.• consPntf'd but furnished sample bales to plaintiff for that purpo•w, \vhich were examined. In order to judge of the intPntion of partil's to 11 {'OntriH"L attention must principally be pnid to tlwir 1wts 1•ontC'mpornneo11s and subsequent to the contract. (Art. 1282, Civil Code.) And if it be contended that the contrnct doC's not ciParly show tlrni tlw parties intendC'd by the words "as shown in the im·entory" to refer to the quality or kind of toba<'co to be dt>s{'ribC'd, tlw 1\lls\\'1•r is that those words if obscure or 1tmbiguous must be constnwd against the selle>" most strongly. (Corwin 1·.~. Hawkins, 42 ;\pp. Dh·. (X. Y.), 571; art. 1288, Civil Codi'.) At the trial the plaintiff tP,.;tifil'd (pp. 16 ancl 17) that tht> defendants told him that all thf' tohui·<·o in the factory mis good tobacco; that be had hf';\l'(l that tlu· '!JS tobncco wn,.; not considered good by buyc1·s nncl was told nol to buy any of it.; that hc mentioned this fact to the drfl'ndant. nnd wns told h,\· the d<'fendnnt that it was all '99 tobaC'eo. He further testified that after tlw iTffC'ntory was eompl<'lC'd .ind checked olT to his satisfa .. tion hC' wC'nt to tltC' plal'.t• wlwn• the tobacco was to confirm thC' inn•11lory nil(\ to s1•1• if the tobacco was as represcnt.<>cl. Jfo got. an t•xp1•rl tn exnminC' t lw tobacco and when they arriYf'd the vendors ]m(l prepared snmplt•,.; of all the tobacco, us mPntioned in the iJff('ntory, and these sampl<>s were opened and examined. \YhilC' this was being done tht'! plaintiff examined the im·entory and comparC'd the mark,.; to see if the tobacc·o wa;:i that mentionC'd in tlw iiwentory. The expert told the plaintiff that l'\'erything m1,; all right .nncl in aceordance with the innntory. The expert who examinC"d tlwsr samph•,.; for th<' plninl.iff testified that the examination was mad1• ai the lown wurehous<', that he compared the marks on the halt•s with those which appeared on the inventor~·· and that he 1•xami1wd tlw smnplf's of the tobacco and was satisfied thnt it was a g-0011. 11,.;C'ful leuf. Relying on the in\•entor:-.' am! samplC's of the tnbnc1·0 exhibited to him by the defendant. the plaintiff completed the tran!:iaction by accepting tlie property and paying the pmcliasC' pric<'. Subsequently and some time in December, 1901, the plaintiff 1·ngag1·d to st>ll this same tobacco to another company, and thut 1•nmJHlll,\' r1•jcded tlw two lob:1 of tobacco in question, ns here· inbC"for<' nwntionC'd, b1•t•1111st• they werC' not of the quality indicated in tlw invPntory. ll wus pro\·ed by experts who examined this tobncC'o that it was of little or no value. :i\fr. Grnzewell, the 1·x1wrt who examined the samples when the plaintiff took over tlw toba('('O from the defendant, testified that he examined this tobacC'o nml did not find it.equal to the samples he had seen; that it \\'llS a clilT<'rent class of tobacco, which was worthless for n11m11f1wtming purpose!:i; that he examined the fourth-class i.1q)('rior Angadnmm tobal'co and the first, second, and third-class Is11b1•la tobacco nnd openetl at least 20 bales, and found that it was or diffPrC'nt g-rndes of the worst clas!:i; that it was nb,.;olutdy wm·t hit•,;,; for 11mnufneturing purposes; that in his opinion tlw tobiw<'o wus 'fl8 tobaC'ro, with a slight mixture of 'flfl tobal'l'O, and thut thP. t\\·o lots in question did not in nny degree (·Ol'l'C'Spornl to tlw :-;nmplcs which he hucl formC"rly exa.mincd. Other 1•xpNt witnesses corroboratetl the testimony of Mr, (:rnu•\wll n·;.rarding the quality of the tobacco, testifying that it wi\,.; mu,.,ty, in had order, unfit for cigars, the greater part of it bt•ing of tlw erop of 18!)8 and only a mixture of the crnp of l8fl!J: that it was not fourtlH~lns!:i superior but fourth-class very inft•rior: thnt ufi to 77 bait'>~ marked first, second, and third class n•b11IC's, it wns found the hales did not contain nny of the classes uwntionf'd, hut only 1.il'Ok<'n leaves such as are sent bnck from cigar makC'l'S' shop,.; a,.; unfit for making cigars. It was also shown that tlw tobac•<•o C'rop of l8fl8 had been injured by excessive rain, nnd thnt it hro11ght \·ery low prices. This proof shows clearly a breach of warranty on th<' part of the defendant, whether the sale be con!'>ide1·f'd as a sale by sample or by the description in the inventory or mu\(•r the ll'gnl warranty against hidden faults or defcct.<i. Tlw s1d(• wa,.; not complC'ted until delivery. (Cotton vs. Guillot, 18 Lu. Ann .. li08.) Fir:-;t.. ,\:-;to sale by !:iample: The defendant, before the delivery of the toh111·<'0 and on completion of the inventory, produced fnr thC' plaintiff samples of all bales of tobacco for examination, am! ,.;tat<•1I that tlw,.;e !:>nmplC'!:i represented the quality of the tob:H·c·o: nnd these sampll's were examined and found to be satisfactory, hnt tlw tohu<"ro in question wns not equal to the quality of the sampl<'"· 'L'h1• plaiutiff l'<'lied upon these representations und upon the .~ample,., produce(!, nnd wus entitled to receive tobacco equal in quality to the,.;e s1tmples. I-le did not examine the remainder of tlw bal1•,; of tobarco on a('(•ount of thh; repres<>ntation of the <lefendant. If a. sale be made by ,,umples, it amounts to un undertaking on tlw pnrt of the seller that all the goods shall correspond in kind, charnctPr, and quality with those exhibited. And the liability of the seller is the .'iamc whether he knew or did not know that the samples diffC'l·C'd •from the bulk. ( 15 Am. and Eng. Enl'. of Law. 122G: Whittaker vs. Haske, 29 Tex., 355; Bernard rs. K1•1log. 10 Wall1u-t'. ;133; Gould vs. Stein, 149 1\rass., 570; Benjamin on Sales. ,:;<'r. f1!i9; Cnmpbell on Sales, 305.) Se«mHL Tlwre wns a warranty that the tobacco in question w.1-.; to COl'l'<'spond with its description in the inventory. A warranty in a salt• of personal property i;; nn C'XjJr<>ss or implird stutC"ment of sonwthing which a party undertakl's shnll lw a part of a eontnid, and, though part of tlw <'Olltrncl., col· lat.<>rnl to thC' <'XJll'ess objt•C"t of it. I Benjamin on Sales, sec. 600; GO~. Y. C'omt of "\ppenl,.;, 4fi0.) \Vlwn• nu artidr j,.; ,:;old b:-.· a particular description, as was tlw tolmc<•o in lhi.; ca.'ir, by which description it is known to the trade, it is a condition precedent to the vendor's right of recOV('r)' that the article delivered should answer such descrip250 OFFICIAL GAZETTE tion, such words of description being part of tht" contract. (Carleton vs. Lombard, etc., 19 App. Div. (N. Y.), 397.) The word "warranty" or 1Ul,\' purticular form of word.'l is not necessary to constitute an express \rnrrnnty. All agree that any positive affirmation of a materhtl faet us n foet intended by the vendor as and for a warranty and re!il'd npon as s1wh is sufficient, as some hold the actual int('nt to warmnt u111wct•ss1n,\·· (Benjamin on Snles, sec. 664; Shippen v.-:. Bower, 122 V. H., 575.) It is enough if the words used i1111iort nu undPrtnking on the part of the owner that the chattel is what it is represented to IX', or an equivalent to such undertaking. (I Parsons on Contracts, 580, eighth edition.) Thus it has been held that whel't> the descl'iption on n l'l<llC' was "winter·pressed oil" it importt>d und warrnntee\ not only that the article wns "sperm oil" but also that it wns "winter pres:.;ed" nnd not summer pressed, the words "winter prt>ssed" cif'noting a quality of oil. (Osgood t'S. Lewis, 2 Harr. & Gill. 49:i.) This is an authority for holding that the description of .the C'l'OP of '!19 calls for tobacco of that year and not of the crnp of '98. So where the contract called for boxes of "Kingan's f'umh<'r· land cut bacon" and boxes of "Thallmer's staf. for middles" all to be of choice quality, and the required quantity of ''Taylor's Cumberland cut bacon, lndiam1polis" and of ··Empirt> Packing House Stafford l\Hddles" were sent, it was hl'ld to lw a brt>nch of warranty. (Walker vs. Gooch, 48 Fed. llt>p., <i."l!i.) In Hastings vs. Lovering (2 Pick. (:\Inss.), l!l4) the sale note read "2,000 gallons prime qualit~· winter oil." Held, n wananty not only that the al"ticlt> was winter oil l111t it was prim<' qunlity. The court stated that a description of au i1rtick inserted in 11 bill of parcels in a sale note ought to be considen·d e\·idence that the thing sold was agreed to be such as n•p1·1•scnt1•d. In \Yinser vs. Lombard ( 18 Pick., !ii) it was said that upon a sale of goods by written memorandum or hill of parC'1·ls (inventory) the vendor undertakes, in the naturC' of a w1uTant;1;, that the thing sold and delh·ert>d is thut whic>h i,.; dC>scribcd. aml that this rule applies whether tht> drs<'ription he• more or l<'ss particular and exact in enumerating the qualiti1•s of th<' good . .., . 'iolc.l. In Gould vs. Stein (l4:J :\[ass., !i'iO) thr ,.al1•s notr d1•sc1·ilwel "bales of Ceara J'!Crnp ruhlwr us 1wr sample• of i.;1•C'ond 1111ality," Held, a twofold warranty of conformity to .<;amplt• aiul to quality. which was brok<'n by failure to tlt•lin•r rnhlK•J' of ..;ound qnali1.\'. irrespective of whether it was equal lo tlw .. ampl1•,., Chi1•f .Ju,.tit•e• Allen holding that a sale of goods h.\· n particular cle•sC'ripiio11 imports i wurmnty that tlw goods ar1• of that el<'scri1~tio11. Ao; again affecting ti\(' qilt',;tion of t•rop n1· agl' of tllC' toh~H·(·o. the case of :\lillandon r.~. l'riC'l' ta La .. \m., -1) nmy h1· l'itc·~I. Therl' snit in hags had h<'f'll pm·l'IUH•l'd nncl it wa.-; represrnh•el that it had been stored only five• or ,.ix mouth«. wlwn in fa<'t it had been stored fift('(•n to l'ightl'Cll months. J/dr/, that tlw n·p· rescntations affected a malNial point arnl that llw 1n1n·ha•wr was not bound to rxnmine tlw salt, as salt in hagi.; \\'lls not ..;uM·e·p· tible of inspection nnd l'Xamination without nnlt'h honhle• and inconveniencP. In Trading Company rs. Farqunr {8 Bhu·kf. Incl .. S!JJ it \\·;1s held that whl'rf' wool \\·as so!tl i11 '<l\('k.; and ti!(' sa(·ks umrkl'd hy the seller and 1lt>scribed in the iuroic·t• ns h(•ing of a e•e•rtain q1111lit:v, thnt amonnt<•e\ to an C'Xp1·1•..;s warnrnt,\· that ii wa . .; of such quality. So wlwrc the articl<'s sold \\'('!'(• dr.~cril)('cl as ":)8 hal1•s of prim<' singed bacon" it wns }l(')d that this amonntl'd to a \\'anant.'· that the bacon was "prime singed." (Yates n. Pym, (j Taunt., 44ti.) Tl\(' English rull' is laid down hy Camphl'll in hi.~ work on salt>s. a<1 follows: "\Vhere tht>r<' is a sale of goods hy dC'sc1·iption-thnt is to sn~'. where the goods in gl'neral are sold und<'r c<>rtain dl'S<·ription or where the salt> is of specific goods who.<;<• charnctl'r is pr<'snmahly only known to tl\(' hny<'l' h~' tlw el<'~cription nmlrr whkh tlwy arr sold to him--e. g., bales of goods specified b.l.f marl.:s in a bill of lading, and described in tlw Mntract as being of a cl•rtnin kind-it is of the essence of tlw contmct that the goods furnished shall agree with the description." (Campbell on Sail's, 300, ed. of 1881.) In Vi<'w of these drci;;ion:.; nncl of tlH· fat't that tlw two lots of tobacco in qnestion did not rorrei;pond in quality or in the year of the crop with tlw description on the balt>s, it follom:; that there wns a breit<'i1 of w11rn111ty on the part of thr dt'fendant which justifi<'cl the jndguwnt of thr ('OUl't below. There was a b1·l'ach of the wa1Ta1Jt,l· which thr law crcates. By article l41il of the ('i\·il l'ocl<' a \·endor is bound to deliver nnd warrant tlw thing whi<'h is the object of tlw sale . .Article l4i4 of this Cod<• provid<'s thnt by virtue of lhis war· rant3• the vendor shall warrant the Yendee not only as to the legal title bnt also tlrnt thrr<' arC' no hidden faults or defects therrin. Articll' 1484 of tht> f'ivil Codt> provides that the \'l'ndor is bound to giw a wa.rr11nty against hid<lcn d<'fects which the thing sold may hlffc. should they render it nntit for the use to which it was destin('(l or if they should diminish said use in such manner that had the \'l'llllee had knowledg<' therMf he would not have acquired it or would have given 11. lowcr prire for it; but said vernlor slmll not b<' linble for the pat<'nt dl'fects or tho;;e which may be ,·isibll', 1withrr for thos!' whiC'h art> not ,·isible, if the wndC'r should ht> an c>xpN·t and by rC'ason of his tmd1! or profession should l'nsil,l· perceive them. .\rti<·lf' 148.) of tht> ('idl Code provides that tlw vendor is liahlr to the nudf'<' for \hr warranty :1gninst faults or hiddt>n dl'fec·ts in tht' thing sold, 1•nn whrn tlW,\' shoulel hr nnknown to him. This shall not obtain if tlw <·on1rar~· should lul\'c been stipulatt'd, a1Hl tlw \'<'mlor ,.Jiould not ha\'<' hr!'ll nware of «aid faults or hi(\(\<'11 drfr('t~. fi,Y ar\i('lC' 1486 of this ('m]p it is pro\·idl'd that in thr C!\Sl' of the t\\·o pn•c•('(ling- :n·ti<·ll',.; tl1r V<'ml<•r urny 1·hoo.;e hriwl'l'll withclrnwing from th(• l'Olltnu·t. th1• <·Xpl'ns<' of whi('h he nrny ha,·e ill<'lll'l'('(L hf'ing rrtunwd to him. or dl'nmml a propol'tionnl rcdl\(•· tion of tlw pril'I'. <H·C'ording to jtHlJ!nH'n\ of <'Xp('l'ts . Thf' plaintiff in this <«lS<' followrd the latter (•onr;;r. TIH'l'C' f«Hl ht• 110 clouht in this e·:1S<• hut that thC'l'<' \\'('re> hirldl'n f.tults or d1•f1•c·\-; in tlw hairs of lolm<'<'O in question. Bale•d ioha('{·O tlrnt is "11111 .. ty aud of had oilor;'· that is "<limo.o;t \\·orthle•,..;:" that. as witn<'s-;Ps \r,.,tifi1•1l. is "only fit to be thrown inio thl' ri\'l'J·:" thnt is "not fit. for thr manufacture of cigars:" 1hnl e·on..;ists of "hrokNJ \e•an•" :<l'nt h:wk as nsel<'s";" thnt was "in had e·omlition am\ "llll'll lnul :" thnt thr gr<'ater p11rt of it 11a ... 1)f an i11f<•rior (·rop of a ,\'l'<ll' e•nrlil'l' thnt wns rPprest>nt1•1I h,\' \hi' mark" nn thr halt>s, and that it \\·as bl'Ok<'n tohnc<'O mixed "ith tlw toh111·1'<• uf nuolhrr ~·e•ar: that ('Ost the• plnintilf $40 and :;i4:! a q11intal. wlwn in fiH't tlw hiµ-lwst f';:.tinmtr of its n1lne was frn111 noihing to $ti ln $8 )lC'I' <Jliinta\-suC'h 1olmr('Q 11111«1 Stll'C'l,l' lu• 1•011.;it\l'r<'d :1.; h1ffing fanlh; or dt>kets. .\p11a1·pnt 1lrf<'d" an• thos(' apparrnt to tl1<• ,.l'n ... rs witho11t oprning pa(·kaw·;:. lo 1li ... 1·m·1•r llH·m aml nre~ not 1ho"C' whi<"h ar<' e·on<·1•all'el without !-\H·h rxami1wlion; so the 1111sonml1wss of pota· \ops in hanrls j,. not an app;ll'rnt <Jpfrd hut a hie1<\1•11 01w. (i~ic-hanls r.~. Bmk1•. i La. _\nn .. 24:1.) \Yl'1'1' thrs<' hic.l<IC'll fanlt" or elt>fl't't'<? l.11<\ouhtl'dl,\' tlwy 11·l'r<'. hrrau"I' thr tohne('o was in hale•.;, whie·h ('Ou!d not lw "('(1nif.11 <'.1·11111i11l'd" (('i\'il ('oe\('. art. 148-1). anel thrn•fon'. 1•\'1•11 if tlw plain· 1iff we•n• an 1•xprrl dC'nlrr aml 1•xmni11rr of tobat·t·o. whil'h hr i.~ not. thC' l:rn· c\i(\ not 1·pquirC' him to oprn tlwsr hn\C's am\ mnkr the rxamination. This i~ elrmonstrnil'<i hy tl1r p1·0,·isiou<; of artidc :1ar. of thr ('odr nf f'onmwn·c" \\'hil'h IH'O\'idrs that "n p11rC'hnsl'r who. at 1h(• limt' of n•e('i\'ing llw mt'rchandi;:.l'. fully ex;1111i1ws thl' snmr. shall not han a right of action agninst thl' Yl'mlor nl\C'ging a ell'fl'C't in thr qua.lit,11 or quantity of th<' m<'rl'lrnmlise. ".\ ptirdrn<i<'\' ..;hall lHn·r ~1 rii:rl1t of ar•tion ngriinst. a ,.<'ndor 01<-,FICIAL GAZETTE 251 for dl'ft•d;; in tlw 1111:111lity ol' qualil,\· of merclmndisr received in hale,; or 1mckagl•s. provi1h•<l lu• bring his 1wtion within four da,n; following its rt'l'l'ipt. (thi,.; tim1• wa,; 1•xl<'11th•d by llw Code of {'i\·il Prot't•durl') ;11Hl tlu· a\·prag1• i,.; not dul' lo ;u·ddt•nt or to thP natnn• of thc> m1•n•lia11di,.;p or to framl. ··111 s1J('h eases tlw pm·c·ha,.;l•r ma:'>· c•lioosp ht•lw1•1•11 l'c>wision of tlw roulrnd. or ih fullillnwnt. " 0 * hnt alway,; with the pi1,nurnt of th<> dama_!!t•s lw ma,\' han· ... ntr1•rPd h,v n•a.,.on of the llt•ft•ebor fault,.;. "The n•1ulnr mav a\"oid thi,.; Jiabilitx h\' demanding when making the deli\"<'I':'>" thai the me1·1·ham\ise0 b~ examined fully by the purchasN with rC'g-ard to th<' 1111nntity and quality." Thus tlw n·ndor. if hc> "aw lit lo prntecl him,;elf uguin!it this ac·tiou. <'onld haw 1lt•n1;11Hl("(I thut the plaintiff f'Xaminc (/11 the tolnH·c·o in,;fl>ad of the good sum pies of tobaeco produced for examination h\· the defendant. H<> had a right lo protect him!ielf. hut lw not 01;\\. failed lo do so but misled the plaintiff by ilw sump]<>:> ht• pr~dueed :md which did not correspond with the remaiudt'r of lh<> tolme('O in thc,;t• lot<>. Th(' p1·0,·isions of tlw t"i\'il <•ode of Lonisinnu. n•gurdi11g salt"' and wa1·1·1rnties. an• \'<'I)" lik<' those of thr Philippine Civil Code. um! in c•onstruing- tilt' set'tions of the former ('Qdt' the eourts of that Slut(' lun·1• frl•qtwntl~· passed upon questions in\"olving hidden foult:< m· dC'feet:< and hnn> i1l\"arinhl~· lwld that when· merdmndi:<t' wa-; pal'kt'd in bull's. hunels, or box1•s tht" purdrnse1· was not hound to <'Xnmine the property, and that if the vendor cle,.;irt'd lo prott•et hims1•1f ht• ,..\ionld tnk1• from tl1e pm·chaser n \rnrrnntr of l'Xdnsion of liability. Thu:< it wa" hehl that "alt in hags wa" not "nsccptihle of l'Xaminution. and in"Jll'l'tion withnul much trouble and iuconnmiclll'f'. :md so llw 1n11·eha"1'r \\·a" not hound to ex1lminl' it. (See Jlillandon. t'll"I' 3. La. Ann .. 4. l In lhe 1·H:<l' of Fulh•r '"~- ('mn·ll (8 La. Ann .. l:J6) cotton in bales wa" "old. Jt wa" :<ot1n1I on the oubi<lt• of the bales but bad in the interior. thou~h tlw \·pnclor was not awarl' of the hidden defeet><. Jfrlrl, tlrnt lw wa" linhll' to pny the ditTc-rence hrtween th<> actual \'a\ue nf tlw hilll'" nnd what thry would have been worth nad tll{',\' c•o1Tespo11tll'Cl with tin· 011t><id1>. (See also Peterkin l'·~- }.lnrtin :JO La .. \nn .. S!ll: Bnek\1·~· rs. Honold, HI How. (U. 8.). :mo.) The ("011llll01\ rnw doetri1w of CU1;('Uf ('lll/llo,11 hn!'; hPt'll greatly modifil'd hy the court;; within hnlf u 1·1•nhn)"· TIH' harslme!is of the rult'. which fornwrly had many t'X('<'plions and has more no\\", rl'11uiri11µ: llw pnn·lm-;1•r lo tak1• a \\·arrn11ty if he dt"sirPd to be proll'l'll·d again"t faults. "l't'Jlls not to prl'Yail in tht• c·ivil Jaw. Thilt law rightfully plac·c,; ohligations 011 th1· \'t•ndor to deal fairly lllld jn.-;l\,\· with th1• vrudt'l', and l'l'CjHi1·1•,; 1111' \"l•nclnr lo t'X]lO"I' tlw 11nality of tlw goml-; "oM. wlwn tlw faults or dl'frcts ar<' hidtil'll. "o tl1;1t tlll' n•ncl1•1• 11wy in:<JWd ancl 1•x1uninc> them. am! if llw \"c•1ulol' fail>< lo clo thi" or fail,, lo obtuin from the 11111·eha-.1•r a warr;111t,\· of l'.\<·lnsio11 hl• must pa,\· tlw lianrngc•:<. Thi,.. law ,.,p1•111-. ,..o ju ... t aucl so 111111"h in f;n·or of fair aml hum•st 1lc>ali11)! aum11g llll'l'l'hanl>< that tlll' 1·ourl" of Lo1Li .. ia11a IHl\'1' lwhl tlwt 1•\·1•11 in (•Prtain ea"l'" \\'hc•rt• \ht• \'1•nd11r l1a1! H 11·arn1nf,\' of t•xdn ... ion In• was ... till liahh· for <buuag-1• .... Thu,., in lhe ca"" of Lana ta rs. O'Bril'n ( 1:1 l,;1, .·\1111 .. :!:W) lmnPls of potatot'" and onions w1·n· .-;olcl. Tlwn• wa" a wal'l'<lllly of Pxclusion, <'Xl'Ppt a,,; lo tht• 11n111hrr of h:n'!'Pb to ht• taken. good or had. ,,\ a 1·1·rlain pril'('. On arri\"al al rlc•"tinatiou almo"t all of th{'; onions were> found to be dt'l'OltlJlOM•d ancl only a fc>w nf llwm :<ound in 1•ach han1·1. /frlrl. thut tlw .. al1• C"Ould not ht• 1•nforC'rd, nol\\"ithstanding lhl' \\'aJTani.\" nf l'X("hJ:<ion, inn"much as tlw onion" w1•n• "0 lnul tlrnt tlwy (·011\c\ hurcll_1· he• ealled onions. Cnd!'r the contention in behalf of th1• 1l1•fr111b111l. in the c·nsc at bar, tl1e plaintiff would b(' houJH\ to a('1·<>pl rotll'n and hrnkrn tohnel'o in"lt>;ul of \('at' tohaPC'O or pos"ihly loh;u·c·o dll"I. liu1 1li1• l'i\'il hiw dm•,.. 1101 fann· "Hl'h unfair olPiiling. This doctrine is furtlwr illustrnl<>1l by the decision in the case of l\folu1wonn 1!S. Hobieha\\·x (17 La. Hep .. !H). It was held that where tlH' thing sold turns out to hP so defective that had tlw dcf('l't!i hren 111111k known to the purclmsl'r he would not ha\'(' bought, the sale. \\'ill be l'Cscindcd. E\"en if the warranty be cxclutlccl, the seller is hound to disclose the defects or vices of the thing sold. It has been held that the payment of a sound price entitles the purchaser to a sound itl'tiJ:le. (Hosmer vs. Baer, 5 La. Ann .. 35.) This is the rnle of the ci\'il law. (Dig. 21, 2, l; Bouvier's Law Dictionary, title "Warrant)"'; I Ln. Ann., 27.) The conclusion follows that thr plnintiff is entitled to recover hi!i damages wheth('I' nmler thr warrant)' created by the samples given for examination, the description and quality of the tobacco mentioned in the inventor~-. or the wnrrnnty which the civil law l"t'qllired for his protection. Tim judgment below should he affirmed. .f11dgment 1·eversed. [Nn. H64. February 11, 1904.] 1'JJB f!YJTED 1'31'ATE."i, complain(//11 and appellcc, vs. MAXIMO 0.1"!\'00A.:VG BT _.tJ,., defendants a-ttd appellants. C1nmNAL LAW: 1toHDE!l\".-Thc dcfend1mts, two in number, entered the house of the complaining wltnes.~C!l in the nighttime and c11rried off the sum of 80 pe..~os. after compelllng the compl11inlng witnesses, by blows and kicks, to disclose the hiding pince of the money. Held, that the defendants are guilty of robbery nndcr pamgre.ph 5 of article 503 of the Peno.I Code. c\ PPE.\L from a judgnwnt of tht> Court of First Instance of llocos Norte. Tlw fueb nre stated in tlw opinion of the court. FEI.11'£ llut:XCAllIXo, fo1· uppl•llants. Solicitor-Genernl ARAr.1-:TA, for uppellee. )!APA, J.: The evidence plainl.v shows tlrnt the defendants are guilty of the robber~· of 80 )fexican pesos of which they are charged, and that th1·.v committed the crime by CX('l'cising violence upon the persons of 'rita Porfirio ~rnd Dionisitt Barut, whom they beat and kicked until the former showed them the place where the so.id money was k1•pt, whereupon tlw~· took the so.me. This ease foils within the provisions of section 5 of article 503 of tlw Penni CodP, a.-; thl' ('l'illl(' was not Committed undcl' nny ol' tlw <·ircumsfancc!i indicatctl in the first four paragraphs of :<aicl a1ticl1•. The aggrnn1ting cin·um.">taucc of nocturnitv must be considered against the defe.111hmts. but thi!i circumsta~ee is offset by the mitigating circumstam·p of (lnmkenness with respect to Julian .JimeneY-, for we consid1•1· it lo Im\"(' bpcn proven that the latter was intoxieatNl ut the liuw the C"rimt• \\"1l!i committed, and that intoxication was not habitual with him. For these reasons the penally prt•scrilll"d by ti\(' law ,.,Jwuld h<' imposed upon the said .Jinwrn·z in it:< meclium d('gl'e('. and upon the othc1' defendant, }.laximo Oangoaug. in its maximum degree; as with respect to the lnttf'r there arr no mitigating circumstance!> to be consiclered. The motion filed on behalf of the defendant Oangonng for rell'llSC on bail is denied. 'Ve thercfm·p nflirm the judgment appe1tled, the penalty imposed upon )foximo Onngo:mg to be ten ye111·s of prcsidio 11wyor and that i111pos1•cl upon .Julian .Jiml'nez to he !iiX ~·ears, also presidio mu!for. tlw deft>ndants to pay the t'ost;; of th.is instance equally between them. ArPllano, C . • J., Torres. f'oopn. Willnnl. ~frOonoug-h ani! ,John"011. .r.1 .. eonl'm·. .J11dy111c11f morli/ird. 252 O.FFIUIAL GAZETTE -------------- ----------[Xo. 11>13. Fcbmary 12, 1001.] 'l'HE UYl'/'Nf) N1'A'l'HN, 1·0111plaim111t 1111d t1pJiellr1·, 1w. ('_l,"1:1?\'0 Kll>/AV. dr.fn1dn11f <111d (//IJWl/1111/. CRDllNAL LAW: Jo'on~!.'.TlOX OF Si,:cnET ro1.ITICAJ. Sucu:TY.-Thc 11ccui;ed, to gcther with several others, organized a secret political society h11vlng for its purpose the promotion of rebellion 11gainst the authority of the Go\·crnment of the Philippine Mands, nnd induced others to join the ~odety. llcld, that the fncts constitute tlw otieusc defined and punished by section 9 of Act 29'.!. APPEAL from a ju1lg-mC'nt of the Court of First ln,;tancc of llocos Xorte>. Th<' fach; arl' stated in the opinion of the court. ,JL\N Si:~tn.oxo, for appellant. Solicitor-Gencrnl AnAN"TA. for appelleC'. TORRES, ./.: The provin('ial lis('a] of Iloros ~forte filed nu information in the Court of First lnstan('C' of thnt provinc1., charging Casiano Satlinn, Mouko Da1la, Roman Dacpo, Basilio SanchC'z, and Damiun Tabonan with having fornw<l a sl'erel polilit·ul society, in that during the latter part. of June and early in July, rnoa, they met together with others in the forests of sorhe of the barrios of the town of Paoa~·, Ilo('OS Norte, for the purpo:se of fonniul-:' a secret political sodety <'ntitled "Kannyouun," the purpose of which was to obtain the independP1u·c of the Philippines by means of insurrection, tre11,;on, and l'<'lwllion nguinst the Gm·c1·nmenl of the Unit<'d Stutl's of Anwrit·a in thrse hlumls, this !l1!ai11st the provisions of Act No. 2fl2 of tll<' Ci,·il Commission. The trial ha,·ing- commenced, Ariston l'mnyam undf'r oath tcs· tifi.ed that on' Runday, ,Jul~- !l. lflO:l. upon going to a house lx·lonl-:'· ing to. a brothrr of his in the barrio called Pins, Casiano Sadi1111, Sergio Sndung, und Sergio Sanculi e:llll(' to the housr, nrnl tlrnt upon the inYitation of Sndang they all W<'llt out into a can<' fi('ld; that shortly after Casiano Sadian nlTiH'd and nskl'd tlw wit1wss if he desired to join them, and he, bring afraid. said thnt hr di1I. "'hereupon, in proof of his affiliation, Casiauo mnd1• an im·ision in his forearm and then wrote the name of th<' witnrss with his own blood; tlw witne,;s making his nos!'\ uudf'r hit< nanw; that Sudian then told him thnt he was to defrnd his moth('r countr,v and fight the Amrricans; thnt on this oeeit.~ion Sergio Radanl! and the five uecuscd were prrs('nt, and that tl\(',\" snrrnun<IC'd him. all armed with clubs; that on tl1r following tla,\-. tl1<' !ilh. Uu·~· took him into the CuLuit fm'f'"'L and that shortl~· after na,·ino Urnayam arrived in char~<' of Vnlentin Rutarrlo. and thnt th<'~' made a similar inciSion in his arm. ill' h<'ing- surrouml1•rl h~- thr aceused, who were at that timf' arnll'd with bolo.;; and rlnbs: that after tl1is operation tlwy Wf'nt with tlw witm"'-"' to r;a,·ino's hut, and while thr~· WN<' f'atinl! tlw lnltrr told thr wihw;;s in pri,·ate to go and report thr fart"' to ll1r C'onstahular,\' s1a1ion1•1I at Badoc, whid1 he did. This wihwss also tcstifird that Yah·nlin Butardo as well as Casiano askNI liim if h(' \'fantNI to fij!ht lht• American!'<, and that h<', being afraid. :-aid that hr clicl: thnl the leader of til<'m was Serg-io Snrlang-. Valentin Rutanlo !<'stifled nmlrr oalh iliat llll' <kfPnclanl;; had joinecl tl)(' f<Q('i('ly or party orj!:rnir.c•cl hy him n111l lii"' hrolhN Canuto, n11<l tliat tlH·y did thi;; vo\unl:1ril~·: hp ich•ntifi1•d thf' doeum('nts, translations of whi<·h apprur in 1111' n•1·nnl-thc> originals arr in other case;;, The witnc>f<S sh1t('(l that he son; . .dit out the a1•c11sC'd to induce them to join his part~· iu prl'paralion for the coming pu•sirlential elections, and made the inl'ision in their arms to hind the obligation f<O that they "'h0111rl not abandon him on <'1<'rtion day. but deni('d that hl' with lhl' otlH'1·s compellC'd Ariston Umnyam and his brother to join thr pal't,\·. flnfl stnt('rl tlmt thrir names WC'I'<' not on tlir lil'lt. tliat th<':V had not taken the oath. and that it WM not trm• thHt t.lir.v had ~Oil<' th1"011µ:h 1111• rrrf'mon~· of inf'isio11. Sergio Sndang testified undC'r oath that Valentin Butardo was the one who made the ill<'ision in tlw arm of Ariston Umayam when the latter took thP oath as a 11wmbcr of the party which thl'y hnd organizNI, but immeJiatl'ly uffrrward te;;tified that Casinno Saclnng wus the one who made the incision in Umuyam's urm while he, the witness, but not the otll<'r accus12d, wu;; pl'esent. Sergio Snncilii testified that he did not know whether i\ri;;ton Umay11m wa.s a member of said party, nnd only knew b.'· hcanrn}' th11t the accused were members of it. The facts upon which the accusations are based and which have been established by the testimony of a number of witnesses, (•onstitute the crime drfinl'd and punished by Act 292, dated Xovl'mber 4, 1901. The evidence plainly shows that Casiano Sndian, with Valentin Butardo, Sergio Sudang, and others, organized a Sl'eret political society for the purpose of fomenting rebellion against the constituted gt1vernmcnt of these Islands and tO obtain the independen('e of the Islands by means of revolution nnd war, nnd thnt with this purpose in view they endeavored to induce others to join the party and to inerease the number of members, making inl'isions in thC'ir arms nnd obliging them to take an oath to dc>fend the country nnd to fight against the Americans. These acts, fully established by the evidence, fall within the provisions of artiele 9 of the act. The fads rclnted do not C'onstitute the crime of conspiracy clefined and punished in section 4 of thf' same net, as no aet of t·onsphacy fulling within that article wns committed by the defendants. Casiano Sadiun, the t('Jii<'nte of the barrio of Guung, plead not guilty and testified that Ariston Umayam's statements were not tru('; that he was not prE'sent at the time to which this witness l'eferrcd; that he made the incision in the arm of the witness Valentin Butardo as a sign of fraternity, believing that thPir pmpose in connection with the election of a president was a proper one, and that several other persons went through the ('eremony of incision, among them thr oth<'r accused; that at the t.ime this ceremony was pnformed an outh was taken to defend the mother country with the last drop of blood; he denied that h<' had accompanied Valentin Ilutardo in making inl'isions in the arms of other persons, and that the only persons who had clone this by for<'e and violence were ValC"ntin nutardo, Sergio Sadang. Juan Navarro. and Ruperto Madamba. Romnn Tnboan. Roman Dacpo, Monico Dado, and Basilio San· <·hrz testified that at thf' instance of Valentin Butardo they joined th(' party which he and othC"n~ had formed, and that for this 1mrpos(' they took an oath binding themselves to defend the rountry with their liv<'s. but denie.d huving been present when the ('l'J'emony of incision was performed on Ariston Um11.yam, and lhat they wen~ unaware Umt this ccremon~· was peculiar to the rPvolutionists. Th<'$l' four defendant!! did not appeal from the juclwnent of tlu· court below, and therefore as to them the 1lP<'ision of tlw C'ourt is final, and this appeal is limited to the npprllnnt, Cusiuno Radian. ~otwithstanding til<' 1lenin] of the accused Sadian, thf' evidence of his gui1t is mol"C' than suffi<'ient. It shows that he wa:;i one nf thr. men who organiz<'d tll<' secret political society entitled "Ka1rnyouan," and tlrnt h<' was one of those actively Pn_!?agl'(] in obtaining pro1>elytcs among his fellow-townsmen, nvailing himself nf l1is offi('e as teniente of the barrio and availing himself of the ignornn('e of his neighbors. For the purpose of organizin!? the soC"irh' he adc>d with ('riminal intent, with full knowlrd.,ze and tll(' determinrd pnrposp of fomenting a rl'hellion against the gowrnmrnt in these Islands. and conseqtwntl:v lie is suhjert to the pN·sonnl and pl'c1miar~· P<'!Hllt:v C'!<tnblifihPd by article 2!12, Ther('forr. for th<' reasons stated, we 11.rf' of t.he oDinion that th<' indg-mPnt nppraled must be revE"rsed in so for as it C'onrPrns Casiano 811.dian. and that the latter must hr rom•i<'ted and con· rlrmnrrl lo onr ~·C"nr'.;; imprisonmC"nt and to pi1y a prnalt~· of OFFICIAL GAZETTE 253 2,000 insnlul' pesos, und in c.1se of insolYency to suffer imprisonmPnt nt the rnlc of one day for each 2! pesos which hi' mny be unablt> to pay, th<' snbsidill.ry imp1·isonment, however, in no ca~e lo exee<>d the third part of the period of the principal penultr. in accordance with the provisions of artide 50 of the Penni CodP. Ifo is also condemned to the payment of one-fifth of the l'OSts of both instance.<:. The cus~ will in due time> be renumdcd with a <'ertified copy of this dedsion nnd of the judgment to be entered hereon. ·Arellnno, C. J., Cooper, Willard, Mapa, McDonough. and Johnson. JJ .. concur. Judgment modified. {No. 1460. February 16, 1904.] THE UNITED STA.TES, complaina11.f and appcllcc, vs. Jl.lXIMO GUILLERMO, defendant and appellant. CRIMINAL LAW; Elo~ucmE: MITIGATING CIRCll:.ISTA~CE.~: 11'"TOXICATION.-Where it appears thllt the aeellsed was intoxicated at the time of the comml113lon of the crime and that he was not an habitual drunkard he Is entitled to the beneftt of the sixth mitigating circumstance of article 9 of the Pen11.l Code. APPEAL from a judgment of the Court of 1''irst lnstanl"C of Bulacan. Th<' fnets are stu.tcd in the opinion of the court. FERNANDO 111:: LA CANTERA, for appellant. Solicitor-Genernl Al!ANETA, for appellce. l\IAPA, J.: It is a fact plainly proven in this case that the nccusctl attacked the \•ictim with a pocket knife,· causing u wound in the left hypochondrium whi('h caused his death on the fourth day. Two witnesses who were present tc!!tifi.ed under outh reguding the i;aid assault and its results, their testimony having been confirmed by the statements made by the deceased to his wife and to the physician who attended him. The physician testified that the wound was mortal. The same witnesses and the accused himself abo testified to the fact of tlw death of the deceased. The act charged ('Onstitutes the crime of 11omicide, defined and punished by section 404 of the Penal Code. There is to be considered in favor of the defendant mitigating circumstance 6 of section 9, he having committed the act while in an intoxicated condition, which was not habitual with him. as is sufficiently pro,·en by the evidence in the ease. Therefore, the sentence of twelve years and one day of reclusWn temporal imposed on the defendant by the Court of First Instance j,; in accordance with the law. The defendant is n)so sentenced to pay to the heirs of the dcrC'nwd. an indemnity of 1,000 pesos. Philippinr currency. With tlic additim} of sentencing thr clefl'ndant lo puy lhi.~ indemnity, we affirm the judgmrnt appl•a\ed from, imposing the t·osls of this instancr upon thr cl('fenduu1.. Arellano, C. ,J., Torrr;;. Cooper. \Yillurd. :\leDonough. und ,John,;on .• JJ .. concur . . / udgmen t m odifi,ed. (No. 1446. February li, 1!11).1.] 1'!/R CSITBD ST,.lTES, complainant and UJJpellee, vs. :1.1/BRO· BIO DE LA CRUZ, defendant and appelllMJ,t. I. Cl!Bll~AL LAW; RAPE: AT'l'El>l!'T.-See faets ill this CO.SC held sul'llclent to sustain 11 conviction for attempted rape. 2. In.: In.: In.; PENAi.TY; MIN011.-Thc penally for the consummn.ted crime of rape being reclusi6n temporal, that corresponding to the attempt to commit the crime is two degrees lower, viz. prilrUm corrcccional, which, when the defendant ls between the ages of 15 and lfl yeal"!l, by rea.50n of that fact must be further reduced to nrrc.<fo mayor. 15840-2 APPEAL from a judgment of the Court of First Instance of Riznl. Tlw fa<•ts arc :-.tnte1I in the opinion of the court. .\.\11mos10 H. llALiTJH1'A, for 11.ppella.nt. :':o\i1·itor.(kncrnl AllA:XETA, for appcllec. JOHNSON, J.: The defendant in this case was charged with the crime of attempted rnpc. Tlw E>viden('e discloses the fact that on the 20tb of July, 1903, tht• acl'ttsed went to the house whel'e one Paula. de los Santos lin·tl. at about 8 o'cloC'k at night, and entered the house without tlw pt'rmission of the said Paula. After the accused entel'ed the lwust• he took hold of her and threw her upon the floo1·- Paula <ll Oil<'(' eried for help. Her aunt was in the house with her at tlw time und saw the aceused enter the house, but was afraid to gu to h<'I' help when she heard her cries. One Apolinar Acosta, who li\'('d in an adjoining- houst'. hcal'ing the c1·ies of Paula, ran imrnedintely to her aid. \\'hen Apolinar Acosta. entered the house whrrc Pnulu wns he found the accused struggling with her, both lll'ing upou tlu· Jloor. The mother of Pu.ula, who was in an adjoining house, also heard the cries of her daughter, Paula, for lu·lp, on this same occasion. The e\·idrncc show1'1 that Paula was about 15 years qf age and that the nccused wns about 16 years ol age. The evide'~ce further shows that the uccused had visited the house of Paula before this night and desired to murry her. The position in which the accused was found upon the floor with Puuln by Apolinar Acosta at the time he, Apolinar Acosta, an~ swercd hel' crie;;, clearly indicates that the accused intended to t'Olllmit the crime charged in the said complaint. Tlw judge of the Court of First Instance, after hearing the testimony, found the defendant guilty of the crime of attempted rnp1· nnd sentenced him to be imprisoned for the term of two y1·1tl's 11nd six months of pri.si-On correccional, with the costs. Article 438 of the Penal Code provides that those who are found guilty of the crime of rape shall be punished with the penalty of 1·eclus«Jn tempo1·al. Article 60 of the Penal Code provides that those who shall be found guilty of an attempt to commit a crime shall be punished by the penalty two degrees lower than that prescribed by law for the consummated criml'. Inasmuch a:s the evidence shows that the defendant is guilty of the attempt to eommit a crime only, then by virtue of article 66 of the said Code, h<' ~hould be punished with the penalty of pri-Yi/m <:urreccional. Tlw <'vi<l(•n<'c discloses the fact that the accused was but 16 yt':ll'" of ag-t·. Subsection l of article 85 of the said Code providl'" thnt pl'rsons under 18 years of age and over 15 yea.re of age ,;hall h(• puni~hed with the penalty one degree lower than that pn•;;t·rilwd h,,. law. Ry virtue of this last-quoted provision of the Penni ('odC'. then, tlw p('lllllty of arresto ma11or should be imposed. The offens(• was eommittPd at nighttime. This should be appreciafrd a,; 1111 aggravnting circumstance. Then• ht·ing no atienuating circumstances and one aggravating l'ircnm:-;t:in('r. the court must impose the maximum degree by ,·irtne of :-;ubsection a of article 81 of the Penal Code. Therefore, by virtue of the foregoing provisions of the law and facts, the court docs hereby modify the sentence of the Court of First Instance of the ProYince of Rizal and does hereby sentence the ac('\lst•(l. Ambrosio de la Cruz, to six months of arresto mayor 111\(l to pay the costs of both instances. Arl'llano, C. J., Torres, Cooper, Willard, Mapa, and McDonough, ,J,J., concur. .ft/dgment 1nodified. 254 OFFICIAL GAZETTE BUREAU OF THJ<J INSULAR TREASURER. Banco Espaiiol-FiUpino-Halance sheet for January, 1904. Resources. Pro~~~ture e.nd fixtures ____________________________ _ Ree.leiitatc ----------------------------------------Securities: Notes e.nd disconnt.sPhilipplne currency. ----- P453, 226. 01 Hispe.no·Filiplno currency__ 37,250.00 Local currency__ 87,636.21 Loans (pe.plirs acknowledged notary public), loce.I currency----------------------------------------Loans secured. by mortge.ges-~~f~~r~°o~~~~~:::::::::::::::: ~:~:~ Loans secured by merchandisePhilippine curren1·Y-----------Hispano-Fil\pino currency ____ _ Local currency __ _ 73,197.96 22,500.00 12,000.00 P4,991.62 405,4&&.12 578,112.22 110,000.00 361,60<!.42 ' 107,697.961 Loans secured by bonds lllld other public securities, loc11l currency______________________ _ af>,000.00 ! PH0,446.76 Liabilities. Capital stock, local currency ______________________ _ Reserve fund: Pl,500,000.00 ~ru~t!~yll!~~~~~-~~~~~~:::::::::::::::::::::: p~:~:~ 890,000.00 ---------- P'l,185.00 rency ____ 5,750.00 Local currency _____ ::::::::::: 81, ~~:Tl Nccessuryf!~r~~r~~:)~~~~~~::::~::::: 16,~:~ Tlme~~~f~~~t~c~\?:~:c:)~::::::::::: 1, ~:: m: ~ 89,307.141 16,682.12 ---1,090,938.48 1,196,927.74 ove~~if!~i1fifl~~~~~;:~~;:~~~:::_P2,~:~::! i _______ :::::::::__ tff;m:* Local currcncY-------------------- 7\13,8.18. 49 3,297,253.391 Local currency _______ :::::::::::::~:::::::: 1.r'~:ifc::~ Bonds, stocks, and other securities, Philippine cur- 1 - - - 2,579, 607. 01 rency ______ ------------------------------------- 620,'.m.ts 5 109 9-IS 17 Ii :an: notes in circulation-----------------------------------l,~;~:~ 0"~t~~~,~~~;,?;/13:~~::::::-:::::::::~ fil:!~ ff . . - 1 11 ::!I!~~~1:~~~:;;,~:;::;;;;;:;~~;:;;;;-~~~::_:::::i;~-~- ·:::=ix LociLJ currency ____________________________ .. ___ 1,309,362 12 - - - - - - - '.!,8'17.570 10 I 8,356,241.11 ~;~;;~\;.~_-_;;;~~;;~~-i~~~~;~;1~;;;_;_;;;_;;_;;;_;;;:::_::--_-_-_-:_:~_-1! 0'.~._:~,°',:, :,l 2 l 1I_ ~~;::::::::~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~:~~~~~:~~~~~~ 9.:::: __ Total resources--------------------- -------_.=-------------- """ Correct: EuG&,,.10 DEL SAz 0Rozco, Director in Charge. BUREAU OF CUSTOMS AND IMMIGRATION. TARIFF DECISIO:S ClllCULA!lS. Ko. 391.-(J) Btnw;berry frnit pulp; (2) 1cild-chcrry juice. l\IANILA, Ma1·ch 1, 190-i. To alt Collectors of C~toms: The following is her<'by puhlishC'd for the information and guid· a nee of a II c·oncerncd: "In the mnttC'r of Protest .Xo. 1908, filed March 3, 1903, by l\Ir. M. A. Clarke, against the decision of the Collector of Customs for thC' Philippine Islands. aC'ting as Collector of Customs for the port of l\fanila, as to the rate and amount of duty chargeable on certain merchandise described in Entry No. 2523, Voucher No. 6848, paid :March 2, 1903. "Of thC' two claims in this case the first is against the classifil·ntion of cel'tain strawbC'rr:• fruit pulp as a 'sweC'tmcat,' under paragraph 332 of the Tariff lkvii;ion Law of 1901 at $0.125 per kilo or 20 pt'r cent ad valorcm instead of as 'prC'senC'd fruit.' under paragraph :122, at $0.04 per kilo as entered. This claim is idC'nlical with that considered in Tariff Dec•ision Circular No. :HO, ancl thC' dl'cision thl'rc published is followC'd in the present "The :-lcC"ond elaim is agail1st the classification of certain 'wild· l'IH'rr~· jniC"e' a,; a 'lla\'orinl! <'xtract.' under paragraph 327. at $0.25 pt'l' kilo. instead of as a 'fruit juiec,' under paragraph :n:!. at $0.06 per lill•r as cntl'red. ThC' substancC', which possesses tlw typical c·olor. sm•<'i tastl', and odor of the dark-red cherry. ha,: au a](·oholie stn·n,!!th of I~ p1·1· C'l'lll. Ii is r\·ideutly 1tHlllllfa1·· turcd from C"hl'l'l'il'S; hut wln·tlwr ti!!' ah-oho\ whic•l1 it C"onlain!:i is ;i n•sult of l\>lllll'Hi fr1·111c•utatio11. or wlwlht•\' 1hl• "'lllHl· i~ arliJ. SERRANO, Accountant. fkially admixed, can not be determined satisfactorily by an anal:,·sis. ThC' importer states that the alcohol is employed to 'foi'tify' the goods, which would seem to indicate that in his opinion the alcohol was artificially admixed, though the point is not of controll'ing importance. "It is urged by the importer that this 'juice' be considered as 11 fruit juice and be dutiable accordingly under paragraph 313, which is worded: 'Fruit juiee, pure or with only sufficient sugar to prcsene it.' A fruit juice containing alcohol, either the result of natural fC'rmenation or of artificial admixture for the purpose of pn»ierdng lhl' artklc. C"Un not bC' eonsidered as pure fruit jui1·1·. but must be rl'g11l'dl'd under the tal'iff as 'wine' provided it is \11't'd as a bc\•cragc prepared in the manner of true (grape) win!'. Wine is dcfin<>d to be, first, the expressed, fermented juice of grapes, and s<>cond, a bc,·e1·age prepared from juice of any fruit hy a process like that for grape wine. Alcoholic fruit juices which an· not he\'crnges can neither be classed as wines nor as fruit jui<·es. Tlwir p;nfo·nlar U!:iC must guide their classification as lla\·01·ing c>xtrnet. <"Oloring substnm·c, medicinal preparation, I'll-. °',Judging from a prt•\·ailing strnng odor of benzaldehyde (bitter almond odor), this juice contains certain pnrts of the cherry kc>r1wls which contain that substanec in addition to the sap pro1wr. :\c('c>pting this as a fact, the substance could have been 11rn1111f111•t111·ed only h,v c>xtraction with an alcoholic menstrum for tlw cli,;ti1wt pm·posC' of obtaining a fla,·oring extrnci. The mam1facturing- Jll'O(•t•ss is prob:ibl~· canit•d out by reducint;?" the cherry kernf'I and flesh to a pulp for subsequent macerntion with alcohol, or the cxtraetion may hnYC' been lrnstc>ned by substituting 'dig<>stion· for nHu·eration. "This nrtielc is dC'cidedl..y uot n b1•\·eragc, und while it may lxp1·1·f1•c·t ly ltarmh•ss in small do><l's suffi<"iC'nt to impart Ha\"or, it is OFFICIAJ, GAZJ1~TTE 255 brlicved that it would causr ,;('n>l'e gastric disturbnn<"l'S if partnkrn of in largrr cpmntitirs us 11 heYcrage prnpcr. The label of thC' bottle shows that tilt' prodnet is rel'ommendcd by ils prodUCC'l's u" a flavoring l'XtnH't only for all kinds of be\'l'rnges, principally for Jo;Uch mixturC's whh·h art' clhiprnsed iu <'onjnnction with n soda fountain. "ln other words, this nrtic-11· lwing absolutely C'xclmlcd frOm p11ragrnph :u:i by the expl"C'ss terms of that pnrngrnph, if it is not 11 win<' or n flitvoring c>xtract. is an UUC'llllllll'l'ated article which. jmlgPd by tlw trst of matl'rial aml us<', should, undrr rnll' 15, be classified as a 'fla,·oring ('Xtrnet' by ns,;imilntion. "Prntl'st Xo. 1908. on thl' grnnncls mrntionrd above. is Sll:it11ined as to tht> first l'lnim, and a r1·fnnd ord1'rl'1l to tlw importl'r in the sum of $7.91. l'nilC'd StatC's l'lllTC'nt·y; \lie' >'C'Coml C'laim is o\'erruled and denied. (Rig1wd) 11. B. :\h•Coy .. \ding- Collector of Customs for tht> Philippinr [>:\ands.'' H. B. ~kCoY, Acti11g COilector of Cuslom.q [111· Ille l'lrilippinc /.<;/mul8. :\[A'.\'ILA, .\for<'fr .J, /9(/,~. 1'o all Collectors of C11.~lr;ms: The following is hel'C'by published for ihr infornrntion nnd guidance of all ('OJH'erned: ''In thl' matl<•r of Prntest Xo. :!,'i!l!J. filed October :W, 1003, by ::\.lessrs. Huhert & Guumis. against the dC'l'ision of the Collectol' of Custom,; for till' Philippine 1"\ands. acting us CollC'rtor of Custom:.: for th1• port of Manila. a,; to the ratP nnd amount of duty l'h111·g-<'nbh• on <·ertuin me1·l·lmndisC' deSl"l"iilC'd in Entry Xo. A 7292. \"011d1C'r Xo. 1:1755. p1tid Octolwr 26, 190:1. "TllC' daim' in this cnse is u~nin,.;t the clus,;ifi<'ation of <'C'rtain shoe poli,;hing and ch·Pssing preparntions as 'clwmical produl"t" not spe<·ially lllC'ntioncd,' undN paragraph 97 of thC' Tnl'iff He\"i,,ion Law of 1!101. at $0.02 lll'r kilo. not h•,;:-; than I;) !)(~I' cent ad ndm·l'm. thl• latter ratC' prevailing. insfrad of as 'hlackinp: of all kind;;." under paragrnph H!J. at $:! !Jl'r 100 kilos, a,; entl'n•d. "The Mn:-;ip:nment <·onsistcd of five kimb of shoC' polishing or deansinJ! preparations. 01w itl'm of black po\i,.;h was 1•la:.:sifi<'d us 'bb1C·kinJ!' and is not a ;;ul1je<"l of protest; thr othl'r four ih•rns which Ul'C' protl'stC'd consi,;led of 1·11:<s<•t or brown and white polish or 1\res.-;ing. rus:>d pa,;h" and whitinJ!. whi<·l1 is app•ll'<'lltly a silil"Utt'. cah·inl'd and ("hemfrally Jll'l'parcd. "The wording of puragraph H!I is i<l<>nti('a] with parngn1ph i of the l-nited 8tates tariff of 18!17 (tlw Ding!C'y tnriff). and therefore the c·onstruction pliwed upon thut parngrnph in the United 8tates is controlling. umler llw familiar rul<' that tlw readoption of a law is an l'm1<·hn<'nt suhjN·t to all pl'ior intl'rpl'ctations. "'If thr i<'i::-islature of a 1-'tate, in eua("tin:-r a .<.;tatutC'. litemlly or substantiall;i• 1·opies thC' language o'f u statnfr pr<'viously exi.;;ting- in anoth<>r StatC', or borrow,.; from ,;1wh ,;tatutl' a provision. dansl', 01· phrnse. the 1;ume having rcc<'iYl'd a .~l·ltl1•d judicial interpretation in the State of it,; origin. it j,; pn•:-;1111wd that the c•naC'tmE>nt was ma<k with knowledg<' of ,;u1·h inh•rpn•tation. anti that it was the design of the legislatnr,.. that tlw aet ><hould lie understood and applied according to that iut~'rpretation. But the intPrpretation. to be thus considcrrd as adoptt'd with the statute, must ha\'t' bC'en made befon· tlw a(\option.' ( BloH·k on lnteq1retation of Laws.) "The settled construction of these particulnr words is shown in the following extract from Trl'asury DC'C·i,;ion 19415. G. A. 414;). decided ).fay 26, 1898: 'The merchandisl' is a so-callee\ "whit<' <·ream," (.mt·kcd in small ·stonl' jars, clesignetl for polishing patentleuthcr boots al'ld shoes. It was assessed for duty at 25 per cent under paragraph 7, act of July, 1897, and is daimed to be dutiable at 20 per eent under seetion 6 a<: a nonrnumcrntE>d manu· facturl'd article. "'Poll'agrnph i reads: ":Rl1ll'king of nil kinds, 25 per cent ad nllm·1·111." \\'<• nrf' of the opinion that a fair construction of this pa1·aJ!1·aph ,;hould ineh11l1· ''sho(• polish of all kinds." Such was nnr n•nd<•ring-. in nnpublish<'d dedsions, of the f'O\"l'<'sponding prol"i>'ion>< of t lw nc•ts of 1890 and 1894, and the customs practice during those tnritfs was in harmony with such a construction. '''We find that the nwrdrnndisl' is n kind of blacking, and overrnl<' the prot<>st.' "TllC' 1h•cision in the presl'nt c·nse shoulcl therefore be in favor of the importer sa\·c in the c•11sc of the whiting or 'blanco,' which, hPing nritlu•r hlu<'king nor polish. is not covered by the decision quot.NI nbovt'. irnd was <'Ol'l'ectly l'eturncd, but it is noted that llw profrsl was not fill'd within the time required by law and for thi>< l"C'a>!Oll must be o\·erruled and 1ll'nicd. "Prote,;l Xo. 2!'i99. on the grounds nwntioned above, is therefore• onn·ulrd and dcni('(\. (8if.,'11Cd) H. B. i\lcCoy, Acting Collt•t•lm· of ( 'ustoms for thl' Philippinl' Islllnds.'' H.B. McCoy, .I c•li11y Coller/or of <'11-~/0111.~ foi· the Philippine lsla-nds. \"o, :1!13.-1/frndkcrclticfs ill the piece not liable to surtax (01· "making up." MANILA, J/arch 4. 1904. '/'o (II/ Cullcctors of (Ju.~tunrn: l'.\IL\nUAl'll l. The following decision of the Court of Customs Apprals l'l'IHl<>n•d Febrnar,\' 13, 1904, is hereby published for the information arnl gnidll!l<'r> of all <·oncerncd: "l 0Xf'f'ED 8TATES OF AMl<:RICA, PIULIPPINE ISLANDS, Cot'RT OF CUS'fOllS APPEALS. ".lppc(I/ i11 the ~asc of Ed. A. Keller & Co. "[Docket No. :'Jl'li. Appeal No. 560. Protest No. 1992.] "DECISION". "Thi . .; cas1• coml's before the court upon the appeal of Ed. A. KPll<'r & Co .. from the decision of the Collector of Customs for tlw l'hilippi1w Arcl1ipelngo, overrnling appellant's protest against tlw impo . .;ition of a :Jo per cent :;urlax upon handkerchiefs, as fnr the mnkiug- up of the ,.;ame. ··11artfor1I Bc;Hllnont for the Uo\•c1·11ment. U. Abbeg for the appl'llant.~. "Tlw t•\·i1lt•1w!' pre,:,('ntc«I at the hearing discloses that the hamlkl•rdiit>fs in qul':-;tion were imported in the piece. That there \\'a>< indi1·nt!'ll at C'ertain distance,.;, b;i· a line marked in the weave, ju-.t wlwrf' t11c• lmndkerchiefs \\'cl'e to he cut. ··Tlw { 'ollector of Customs in his decision contends that this mad~· 1 lw hnnclkl'rehi<>fs 1·1·1uly for use, with the exception of the trilling amount of work neCC'ssary to cut the handkerchiefs apal't at tlH' plnccs nrnl'kt•d. and citC's in support of that contention Trl'a,;m·y Dcl•ision Xo. 1:1801, wherein it is 'stated: 'The mere ,;1•11;1ration of tilC'sC' handkp1·chi<>fs is not a material process in the 111<1nul'aetun• of sni(l handkerchiefs, and they should be classified for 1lut.r imporil'd in the piece as imported separately.' "The conditions existing under that decision are different from tho.~1· in the ease at bar, which is for the imposition of a surtax mi <IC'<"OU!lt of the making up of the handkerchiefs. So far as 1 lw rah· of duty i;; concerned it would be the same upon the hamlk<>n·hit•fs whether in the piece or whether they had been (·ut apnrt and spparnted. The imposition of a surtax is not nm1logo11><. ··Then• is no C"ontention but that the handkerchiefs in question \\'1'1'<' imported in the piece and have not been hemmed. The 30 prr cent smtax in contl'oversy is imposed by virtue of the second ;:;u\nlidsion of letter D of Rule B, group 3 of textiles, of the Tariff Hcvision Law of 1901, which reads as follows: 'Shawls t~allrd "mantnnes" and "pafialones" traveling rugs, counterpanes, f<hrcts. towC'ls. tahlf'cloths 11nd napkins, mantels, veils, shawls, 256 OFFICIAL GAZETTE hemmed fichus, and handkerchiefs shall, for the making up, be liable to a surtax of 30 per cent of the duties leviable thereon.' "This clearly dctNmines the matter, for it n.ppcars that hemmed handkerchiefs shall for the making up be liable to a surt11x. If these handkerchiefs then had been cut from the piece and imported separately, hut wPre not hcmml'!d, the surtax would not be prop· erly imposed. "The decision of the Collector of Customs is thcl'cfore re\•ersed imd the 30 per cent surtax imposed will be rcfundnl. "No costg to either party. "A. s. CROSSFIELD, Judge. ··1 concur. "FELIX M. ROXAS, Judge." PAR. 11. Thr ulmw derision of the Court of Customs Appeals shall not be interpreted to 11pply to any other articles than lurnd· kerchiefs in the piece, and shall not apply to handkerchiefs cut from the piece but not hemmed, as this question will be submitted to the court for considerntion in u cuse where this specific point is rnised. H. B. McCOY, Actiug Collector of Customs for tlw Pl1ilippi11c lslanM. No. 394.-IJlack glCUJs beads, strung. MANILA, .1/arch 10, 1904. To all Collecto1\q of Customs: The following is hereby published for the information and guidance of all concerned: "In the matter of Protest No. 2393, filed August 29, 1903, by ~·lessr». C. Fressel & Co., against the decision of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, ns to the rate and a.mount of duty cha.rgeable on certain merchandise described in Entry No. A 3106, Youeher No. 6872, paid August 29, 1903. ··The claim in this case is against the classification of certain glass beads imported in strings al:l 'trinkets,' under paragraph 340 of the Tariff Revision Law of 1901, at $1.25 per kilo, instead of us 'manufactures of glass,' under paragraph 16 C, at $4 per l 00 kilos, or 30 per C<'nt ad vulorem, as entered, or us 'imitations of pearls unset,' und<'r pam~rnph 26, as now in the nltrrnativr claimed. "The bends in question an• of glass, uniformly bluck, and ill<' cheapest possible variety; they 11re strung on long threnda in multiple!i of one hundr<'d. J f it were {'}ear that they were importetl for use as ornaments, such Ill< necklaces, then the classification as trinkets would be prnpcr. It i!i e\·ident, howrvn, thut such is not the intention of the importer, for the strings ill'<' not strong enough to sen-c for an;-.· purpose except that of keeping the bl•acls together for convenienc<' in handling; they must be unstrung be· fore use. In other ~\·onls, thcsr heads arc as much imported in bulk as if the;)' had come loose in the box. The true distinction in the tariff, as \Wll its in Tariff Dt>cision Circular No. 60, is between heads in bulk and 'manufnctttrl'S of beads.' ··Th<' importer also claims a classification as 'imitations of pearls,' on the theory that, being of glass and black, they imitate jct pc>arl:-;. The r<'semblance is, howe\·er, not very apparent to the e;-,·e, and this office is not convinced that the present form and coloring was given to them for purpose of imitating anything in particulflo1·. EvC'n Wf'l'C this true, it would seem that they were equally well, if not better. described as 'manufactures of glass:' that classification, heing the higher of the two, would pr.-vnil. "Protest No. 2393, on the! grounds mentioned abo\•e, is therefore sm1tained. and a refund ordered to the importer in the sum of $139.38, United States currency. (Signed) H.B. McCoy, Act· ing Collector of Customs for the Philippine Island!:!." H.B. McCoY, Acting Collector of Custom.9 for the Philippine Islands. No. :395.-Alaraschino c1lcrries containing less than 18 per cent of alcohol; fntit sirups. }lANILA, March 10, 1901,. '/'11 all Collectu1w of Customs: The following is h.-reby published for the information nnd gnid:inc~e of nl I concerned : "Iu the mntl<'r of Pl'otcst Xo. 2466, filed September 18, 1903, hy :Mcssl's. C. Heinszcn & Co .. against the decision of the Col\P<·tor of Customs for the Philippine Islands, acting as Collector of Customs fol' tlw port of Maniln, as to the rate and amount of (Int;-.• chal'J.:'<'llhh· nn N'l'inin lll('l'chandise dcscl'ibed in Entry No. .\ 4500. \'oud1<'J' Xo. !ll4:l, paid S<'ptcmbcr 16. 1903. ''The> pl'Ot<'st in this ca!ie is agninst: "J<'irst. Tiu• elussificution of cerbtin maraschino cherries under purngrnph ;J<!:J of the Tariff Rrvision Law of 1901, at $0.125 per kilo. us 1•nterl'ci, instead of ns 'oth<'r canned or preserved fruits in glass.' und<'l' purngrnph :J22 (b), at $0.04 pcl' kilo, as now daimcd; und ''Second. Th<' classificntion of <'<'l'tnin fruit sirups under para· i.:-mpl1 :J27 as 'lla\•oring <'Xtra<:ts." at $0.25 per kilo, as entered, instC'ad of nndl'J' paragraph :11:1. at $0.06 per liter,. as now 1·\nim<'d. "First. Tlw rl'spec·tiv<' purngrnphs provide as follows: .. ';J22. ('unnrd or pl'<'scrnd fruit!'!; (I') others, in tin 01· glass. i1wlucli11g tho"'l' p11rk.-d in sirnps, known as "table fruits." ·· •:J2:l. Pr<'~<'l'vrcl or brundird fruits in cordials or spirits of any kind containing mor(' than 18 per cent of alcohol, such as brandied p<'ih'llt's, dwnies prc>.'H"l"\'ed in maraschino, and the like, whether put up in tin or glass.' ·'From the reading of pinagrnph :l2:l it is clear that only those fruit . .;; which :II'<' prcs<'ff<'d in spirits or cordials which contain moJ'l' than 18 p<'r l'cnt of al<·ohol ut the time of importation can h<' (']nssitiNI tlwr<'nn<l<'l'. Cherri('s preserved in maraschino are speeitienlly 1'1111\lll'nlt('d, but the paragraph must be read as a whoh', :md tlw provision for sm·h cl1<'1Ties is clearly limited by tlw provision as to the pl'l'centag<' of nlcohol. Commercial designation i .... lik1•wi...;.- innppliC"1thl<'; for the designation by words of 1rnrlic•ular dC"stription a1lmits onlr of the q1wstion as to whether or not tlw nwrrlurndis(' C"om.-s within that description. Nor cnn th1• similitud<' rul<' b1' app!i('tl. for prcser\'C'd fruits in glass, other than thos(' cnu111l'J'atC'd, arc pro\•id<'d for in paragraph 322 (b). " • .\n a1111lysis of th<' sirup in which the cherries in question are prC'Sl'l'\'c>d. mndc hy tlw Bm·C'au of Government Lnhoratories, dist'l<ls{'s hnl ;J l)('I' l'l'llt of akohol. The merchandise in question is not. tlwr.-fon. within the proviilions of paragraph 32:J, und foils within tlw prndsiom; of par11graph 322 (b), as claimed. •'Hr<-nnd. Th<' nwrc·handise which is the l'Uhject of the second dnim !'!honlcl h<' classified in accordance with the deciilion publislwd in Tnriff Decision Circular No. 349. "Prokst Xn. 2466. on the grounds above mentioned, is therefor<' snstahwd. and a refund is ordered" to the import('r in the sum of $5fi.9:l, UnilNI Stat<'s currency. (Signed) H. B. McCoy, A(•ting Coll.-c·tor of f'ustomfl for the Philippine Islands." H.B. McCOY, .l<•fin,rJ Colfccfor of Customs for the Philippine Isl<tnds. ~o. 61i.-l'nwcribi11g rcgulatio'l1S for the use of "Statement and n'ITipt of 1foli('11 collcclrd on informal entry" Ponn No. 57 in tire b<1,rJ.rJ<l·f1<', 1'(11'ccl, mul post-office divisions. :MANILA, Mm·ch 9, 1904. PARAGRAPH I. On and after March 15, 1904, the following regu· lations shall be effective and govern in the matter of collecting dnti<'s on all parcels, packages, and merchandise received in and OFFICIAL GAZETTE 257 handled by the parcel, baggage, und post-office divisions respecti\·ely, with certain specific exceptions hereinafter enumerated. PAn. IL There shall be designated by name an examiner of customs. to be as!<igned to duty in carh of the 1·rspective divisions named in the preceding paragrnph. and s1wh examiners arc hereby authorized to examine certain merchandise, assess and collect the duties thereon, for which they shall be individually responsible; und ~ud1 duties shall he promptly accounted for and deposited by thC'm with the customs cashier at the close of business on each dny on which eollerlions are made. P AH. III. Form 5i will be issuetl in books containing 100 each, serially numbered, and shall be receipted for by the examiner rrcciving same to th(' ndditionnl dt>puty collector of customs in (·luirgc of <·ustoms IH·counts, in whose custody the office supply of .c;uch form,; shall be kept. A monthly report shall be made by each cxuniner, showing the number of forms rrceived, the number used, and those remaining on hnnd. If for any reason a form should bcrome spoiled it shall not be destroyed, but shall be kept in the book to which it belong;; and canceled by writing the word "canceled" across the face, together with the corresponding duplicate, and such notation shall be signed by the officer indorsing same. This form shall always he written in duplicate, including stubs, the indelible pencil to he used for the purpose, and the dupliente l'lltl')' and stuh to he rarhon copies of the originals. PAR. IY. Consolidated <>ntl'ies on Form ll shall be prepared at the dose of business eneh day und contain the individual items reprt'sente<l by the originals of rrceipts issued in the several di,·isions, and the total of duties Ntlled for in said entry shall correspond to the total of the indh,idun.l items shown on the respective informal entl'ies. In nil cases where the value of articles or merchandise on an informal entry exceeds $25, a 50-cent customs stamp shall be required of the importer and afl'txed opposite the corresponding transaction in the consolidated entry. The original informal entry shall be removed from the book and attached to the consolidated original entry, Form 11, for the date on which the transaction oecurred und the collector's stub of the informal entry shall likewise he rrmoved, and attached to the duplicate consolidated entry. Thl' carbon duplicate of the entry is the importer's receipt fol' duties paid, and shall. after being duly signed by the importt>r and the examiner, be immediately delivered to the payor. PAR. V. Parcels received by Vnited Stutes Army trnnsports, importers, or regularly established business concerns, or where the ntluc of the parcel or paekage importe1l h,v pan•el express or throu~h tlie mails amounts to $5q or over, shall not he accorded the privileges of this order, but !!hall invariably· be treated a-s formerly, and subjected to tlw n81ial routine gh'en custom;; l'ntries. PAn. VI. 'Mone:rs of the Go,·rrnmt'nt in thC' form of customs duties rN•eivcd by either of thr rxamini·rs lwrrinbl'fore providC'd for shall be drposited with tlw customs cashier l'ach day: Provided, That consolidated entl)' for such collrdion shall be made up and forwarded nt 4 o'clock p. m. on each working day except Saturda)·s, on which day entry shall be made up and forwarded at 11.30 a. m. Moneys received after thesr hours shall he included in the entry for the following day. PAR. VII. The attention of the C'xamining officers hereinbefon· provided for, und othns concrrned, is dirC'eted to thC' instructions printed on the back of tlw informal entry. Form iii. and u stri<·t compliance with the same is rC'quired. P,\n. VIII. When an informal entry is used in connection with the assrssment and collection of dutirs on a package received in the foreign mails, addressed to n person rrsiding outside of Manila, the procedure shall be as specifically indicated on the reverse side of each informal entry and as provided for in Customs Administrntive Circular No. 297. PAR. IX. Any customs employee \Vho may be designated to fill the position of exuminer in either one of thr three divisions above rdrned to shall be required to file with this office an approved hond in the penal i-;um of $1.000. United Stat<'s l'\U'l'l•ncy,. eon\'.litionrd upon the faithful pel'formnnce of his duties and the strict uceonntability of all public moneys 1·cceived by him under the terms of this ordel'. l'AR. X. The pl'ovisions of this order shall not apply to packed rxprrss pul'kagf's which shall be cleared as proviclrd for in Manila ('ustom-llouse 8pC'C"inl Order No. 108. P.\lt. XI. Examiners in the parcels department, post-office depnrlm<'nl. und baggage room will in euch instance notify payors of thrir right to protest under the pl'ovisions of section 286 of the (;ustoms Administrativr A.et. H. D. McCOY, .·lctin,q Collcct01' of C11stoms foi· the Philippine Island,-:. :S-o. Gi.-Rcvokin.g appointment of chief liquidator as member of lu1ard of protest a.iid OJlllealR and appointin,q S('crctary of .-:aid board a me-inlier tllereof. MA:VILA, lilarcli 9, 1904. PAllACatArll I. Th<' appointment by :Manila Custom-House Genernl Onl<'I' No. 52 of the chief liquidator, Manila. Custom-House, a>< a mrmber of the hourd of protC'sts and nppcals is hereby l'P\·oked. PAI!. II. The sec1·eta1·y of the hoard of protests and appeals is h<'l'ch)'· appointed a llJember of said board. ;ii H. B. McCoy, Acfiny Collccto1· of Customs for the Philippine Islands. N"o. 68.-Rcvoking .Uaaila Custom-Ho11se General Order ?."o. 65. MANILA, March 15, 1904. }.fonila Custom-House General Order No. 65, doted February 29, 1904, pro\'iding for the examination at the port of Manila of all mail packagl'S aniving at .Manila from foreign ports, addressed to ports ol' pluees in the Philippine Islands other than po1·ts of C'ntry. being in conflict with the terms of Customs Administrati\'<' Circular Xo. 29i, is hereby revoked. H. B. McCOY, .fofin,q Collector of Customs foi· the Pltil-ippine Islands. PHILIPPINE CIVIL SEUVICE BOAUD. MANILA, March 21, 1904. The Civil 8C'nicc Board announces exnminations for the position:; of di,;pensing clerk, salary $1,200 per annum, and laundry forrman. salary, $1,050 per annum; quarters are furnished in hoth po><itions. A knowledge- of the method;; used in operating a modern sil•am laundry plant is required of applicants for the po:-1itio11 of lnundry foremun. Owing to the needs of the scnice these examinations will be held in the English language only. Fmtlu·r information cnn be obtained at the office of the Civil ~l'l'\·i<·<' Bonni. Intendencia Building, Walled City, :Manila. APPOINTMENTS. Hy the HonoI"able Ch·il Governol". Supreme Court. F. l'. Fislwr. report<'r. March 16. /lu.rcau of Coa.~t Guard. and 'l'nmsportati011. Frnnk P. Helm, Superintendent of Construction, :i.\faintenanee, and Opcrntion of Vessels, March 11. 258 O.FFIClAL GAZETTE Provinces. Francis<•o ::-.::i.rn, aC"ting provincial Sl'('r<>tary. :\hnch 13. Carrol H. Lumb, provincial fre-asurcr, March lj, LEl'ANTO-BONTOC. Will. A. H<'C'cl. gowrnor. )lal'<'h li. 8. Y. Cortelyou. pro\'incial supc1·vi:-;01\ :\larch Hi. By the Philippine Civil Service Board. Executive Department. EXECUTH'E DL'REAL:. A. 0. Zinn, clerk, March I, $1.800; promotion from coJas,, ;. ,Juan Caballero, C"lerk, March l. $540; promotion from Class F. Hownrd D. Fuller. clerk, Much i, $900; probational appointment. Fred N. Berry, clerk, March 16, $900; probational appointmrnt. UUREAt: OF TllE J;o;:SULAR PUKCllASING AGENT. . James W. B. Mannion, ri<'l'k, F{'bruar~· I. $1.600; promotion from class 8. Peter \V. Engle>, clerk, February l. $1.400; promotion from class 9. Harry C. May, clerk, Decemh<'r i. HIO:l, $900; probational ap pointment. Henry C. Russell, clerk, March 14. $900; prnhational appoint· ment. John J. O'Connor, watchman, MarC'h 8, $720; prnhationnl appointment. Benito Vigil, watchman. March 12. $7:W; probational appointment. I:'.'.iPRO\"EMEXT 01'" THE PORT OF MANILA. Joynes H. Walker, subinspector. FC>bru1u·,\', 23, $900; probational appointment. Francis Rotch, jr., subinspector, Ff'hnrn.ry 19, $900; probational appointment. Victorio Ca tu, clerk, March 4, $240; l'<'instatemcnt. Domingo Dnirit, clerk, March 4, $240; reinstatement. PHILIPPINE CIVIL SERVICE BOARD. Harold ll. l\'lillis, clerk. February 4, $1,200; probational up· pointment. lJepartme11t of the lnterioi·. llOARll OF HEALTH FOR Tiit: PlllLIPPINE ISl.AXOS. 1-iamnrl ~IcCur<ly, clerk, March I, $1,400; promotion from class 9. Bonifacio Hafael. clrrk. F<'bruary 20, $240; reinstatemrnt. ~·oRF.STKY nUREAt:. I-l<>nr~· L. Walters, insp<'ctor, :\farch I, $2,000; promotion from $1,800. Walter L. Dunkin, a;;sistant inspector. i\Iareh 14, $900; probn.tional appointment. Edgar R. Hurst, ussi"tnnt inspector, :\lurch 14, $900; prnbational appointment. Alvnh E. Johnson, elrrk, March 9, $900; probational appointnwnt. :\Iaig1wl F. Avrlino. clerk, :\foreh 10, $300; probational <Ip· pointment. Prndeneio A. llcmigio, clrrk, F<>brnary 20, $300; probational appointmf'nt. Hamon de la Paz, l'angcr, March I. $300; probational appointment. Man1erto Ner, ranger, Mal'ch 5, $300; probational appointment. Elf'no Ramo", rnngn, Marchi, $300; probational appointmrnt. MINING BUREAU. i\lunricr Goodman. field assi»tunt, March !), $1.800; transfrr from .'l11pe1Tisor, Lepnnto-BontM. BUREAU OF AGRICULTURE . • Jamrs C. \Villson, clerk, Murch I, $1,200; promotion from Clnss A. ~;THNOLOGICAL SURVEY. William Auerbach, clerk, Fcbrua!'}' 4, $1,200; probatiom1l ap· pointuwut. RUREAI; OF GO\"KRN~fEN'l' I,ABOl!ATORIES. Eustaquio Cortes, employee, assistant Government photographer, Frbrua ry 1 !I, $240; promotion from Class K. PHILil'l'll'\E CIVIi, HOSPITAi,. Edward .1'. Cummings, attrndant, March 8, $600; probational appointmrnt. CIVIL !-lA~ITARHJ:\I, llENGUF.T. Marcela Doyle, nurse .. January I. $i20; transfc1· from Civil Hospital, $720. lJcpartmc11t of Commerce amd Police. llUREAU OF l'OSTS • \\"alt<'r Hamilton, clerk, March i, $900; prob1itional appointment. George F. Rhannhun. clerk. l\far<'h 7, $900; probational appointment. Willis 'l'. Brnrdslcy, superintendent money-order division, March Iii. $2,000; rcinstate1nent. Domingo de Ocampo, clerk, Mnrl'h 5, $240; reinstatcme>nt. Frandsco Hryes, clerk, l\Iarch 5, $240; reinstatement. Agapito Bamba, clerk, )lill'ch i, $240; rrinstatement. J>. II. Armstrong, postmaster, Tuguegarao, .:\larch 7, $900; tru.nsfrr from clerk. clasf\ 10. office division supt>rintcndent of school!'\, Tugucgaruo. ,Jos<>ph ,J. Capurro, railway postal clerk, .March 11, $900; tran;;frr from l'lerk. Ulass A, Bur<>au of Philippines Constabulary. IlUREAt; o•· l'lllLll'l'lNES CONSTABULARY. .John L. \\"all(•!', jr., cl<'rk. :\lar('h I, $1,400; promotion from l'lm;s 9. K C. Frost. clerk, February 28, $1,000; probational appoint11w11t. Mariano Fernandez, cl('rk .. January 27, $240; probational ap· pointment. llUREAl' OE' PRISONS. Homrr Hartman, guard, :\larch 3. $900; reinst.atement. Victoriano HP.res. guard, March !). $240; probational appointment. E\•angelista .:\lercllo, guard, .:\lurch 14, $240; probational ap· pointnlC'nt. lll'REAU o•• COAST GUARD .\NO 1'RANSl'ORTATIOX. ,John Bntki('wicz. clNk, Murch i, $1,400; promotion from <·lass 9. Grorge Price, clerk, March 8, $900; probational appointment. ~\Ierwin Webster, assistant overseer, March 1. $900; probational appointment. lJepartme11t of Jr'ina11ce and Justice. BURE.\U OF THE INSULAR TREASURY. \\". n. i\fe>Kinncy, clt'rk, March II, $1,200; probational nppointnwnt. BUREAU OF CUSTO)IS AND n.onoRATIOX. \\"illiam .J. Witrow, nppruisl'r, Fl'hn10.1·y I, $1,600: promotion from $1,400. Stanley A. Roberts, clerk, February 5, $1,200; probational appointment. John T. Daly, fourth-chi% rxaminrr, February 6. $900; probational appointnwnt. OFFICIAL GAZETTE l[('nry C. Allen, storekeeper, February 16, $900; probational appointment. Custer C. Henderson, clc•rk. F1•bruary l I. $900; probational appointment. Hertha Smith, clerk, February Hi, $900; probational appointlll('Jlt. ~!rs. M. L. Platt, clerk, March 7, $900; reinstatement. ixsc;LAR COi.[) STORAGE AND lC.:E Pl.ANT. Fernando Franco, carpenter, Mardi I, $360; prnmotion from $300. lll:llEAU Ol" Jt:STICK. Uregorio .FrancisC"O, dt•puty clerk, Court of First Instance, Fourteenth District. March Ii, $200; probational appointment. Salvador Yelf'lf.. junior typewriter, February 2:J, $480; trunsf1•r from clerk, uJTice governor of Misamis. $210. Pablo Diestn. copyist, Court of First Instance, Eighth District, )farc·h Hl, $180; promotion from messenger, $120. /Jepartmcnt of Public /nstr11ctio11. lll"ltEAL" OF EDL'CATlON. Floyd U. Brookhal't, teacher, )larch 2, ~l,000; probational ~1ppointment. Luther l\L Cureton, teacher, :March '.<!, $1.000; probational appointment. Walter H. Lackey, teacher, March 2, $1,000; probational ap· pointment. Grant R. Lynde. lt•achcr. ::\larch 2, $1,000; probational appointment. Earl Murrar, teacher. ~larch 2. $1,000; probational appointment. Lio.rd K 'Bement, teacher, )larch 2. $900; probational appoint· mcnt. \Yilliam L. Johmmn. teacher. ~larch 2, $900; probational appointment. John T. Schang, tcaclwr, Murch 2, $900; prnbation11l appoint· mcnt. Paul de Pa!:>chalis, d1·1·k, Jidsion superintendent. Leyte. February 18, $1.200; probational itppointment. Antonio Vidal, clerk, division supc1·intendcnt. Capiz, January 12, $300; probational appointn1cnt. W. J. Colbert, teacher .. January 1, $1,600; promotion from $1,500. \:V. J. Colbert, t®ehcr, :\'larch I, $1.800; promotion from $1,600. T. D. Anglemyer. teacher. Januarr I, $1.600; promotion from $1.500. Robert IL Neely. teaclwr .. Tannar;o.· I. $1.GOO; promotion from $1.350 . . Jam<\~ A. Faird1ild. t1•;u·llt'r. ,January I. $1.JOO; promotion from $1.350. William AhPI. tpachcr .. Januar,\· l. :f;l.400: promotion from $I.a30. llolland E. Bell. teacher. ,January I. $1.400; promotion from $J.:i30. :\for,\· 11. F(•(•, kn1·l1t•r. ,fonunry I. $1.400: promotion from $1,:J:iO. Stf'plwn \Y. Fon!. tt·adll'r .. fomw1·y I, $1.400; prnmotion from $1.:~JO. P. 8. O'R(•illy. teachcl', .famrni·)' 1. $1,400; 1u·omotion from $1.350. I-Icrl)('rt 1. Priestly, teuchp1·, J1mua1·:.· 1, $1.400; promotion from $1.:!QO. C. D. SchPll. leaclwr, .January I. $1,400; promotion from $1,350. 1". IL Lutz. tPacher .• January I. $1,500; promotion from $1,320. IL (', RnsM·ll. tPa('hcr, January I, $1.500; promotion from $1,:~20. A. L. Rurnell, teacher. ,January I. $1.400; promotion from $1.320. C. H. Hanlin, teacher, ,January I, $1,400; promotion from $1,320. H. 8. Mead, teaeher, January l, $1,400; promotion from $1,320. ,John H. Jenkins. teacher, ,fanuary I. $1,500; promotion from $1,300. J. W. ,Johnson. teacher, January 1, $1,500; promotion from $1,300. J. D. De HufT. teacher, ,January I. $1,400; promotion from $1,300. E. H. Hammond, teacher, January l. $1,400; promotion from $1,aoo. W . • 1. 8crnton. teacher. ,Jamu1ry 1, $1,400; prnmotion from $1.:JOO. William F. l\Iontin·on. tcachel'. January I, $1,400; promotion from $1,260. Charles ::\I. l'aml'l"on, teacher, ,Jam111rr l, $1,600; promotion from $1.200. .J. Frank Daniel. t<'achel'. January l, $1,500; promotion from $1.200. n. :\I. Egun. tea1·her. January I. $1.500; promotion from $1,200. William H. Bnl't, t<'ncht>1· .. January I. $1,400; promotion from $1.:WO. W. 8. Dakin. teacher. J.rnuurx I. $1,400; promotion from $1,200. .John Denunel', teacher, January l, $1,400; promotion from $1.:WO. .Joel Hutilt'wu;-.-, teacher .• January I. $1,400; pro1Uotion from $1.200. J,a111"en"c McDcnnotk. teacher. Jnnua1·y I, $1,400; promotion from $1,200. Walter C. Parkes, tt>aelwr, Janunry 1, $1,400; promotion from $1.200. J•'r<'<l<'rick W. Stein, teadwr. ,January 1, $1,400; promotion from $1.:!00. ,J. H. WC"bb, tcal'hcr .. fanuary I, $1,400; promotion from $1,200. Il1·111·y Wis<', frach('l' .. Januury 1, $1,400; promotion from $1,200. 0. J-1. Bollmun, tcaC"IWI'. January I. $1.300; promotion from :\il.200. 1-Jampton :\L B11tll'r. leach<•r. J11m111ry I. $1,300; pl'omotion from $1.200. (:, W. Felton. tl"aelwr, January I. $1.:.JOO; pl'omotion from $1.:!00. Ueor;,:-1• :\I. Palnwr. t1•1u·IH'r, J11111uu-,\• I. $1.aOO; prnmo 1 tion from $1.200. Blni1w Jo'. :\Ioure. leaclwr. .Januar,\· 1. $1.:IOO; promotion from $1.200. Frank Hohcrsou. lC':tC'llt'l'. Jnnual'y I. $1,300; promoliou from $1.200. (;eoq.!(' T. Shot•ns, t<•iu·lll'r. Januar~· I. $1,:JOO; promotion from $1.200. Ut•orgc· \\"iting. tea<"lwr. Jnnuary 1. $1.400; JH"Omoticm from $1.140. <inti>>' L. Spnlding. tca(•lwr .• Jannar,\' I. $1.:lOO; promotion from $1.140. ('_ .-\. ]\(•lk1101p. t1•111"h(•r .. Junnary I. $1.:IOO; promotion from $1.100. .Jauws ('. \"i<·kt•rs. •_1•1H·lu•r. ,January I. $1.:!00; promotion from $1.IOO. JI. \\"ogau. lt'a("lwr, .January I, $1.200; promotion from $1.IOO. Lalla R. Roger;;. tt•:wlwr .. Junuar;o.· I. $1.200; promotion from $1.020. (;l'ol'ge F.. Oshorn, kaclwr .. Jnnm1r;o.· l. $1.:lOO; promotion fro111 $1.000. <:t•orge D. Osgood. lca(•lwr. Junnar.'· I. $1.:JOO; promotion from $I.000. R11ymond Du Hndwny, tenclier .• Tannar~· I, $1.200: prnmotion from $1.000. 260 OFFICIAL GAZETTE Jennette Zumstein, teacher, January I, $1,200; promotion from $1,000. Alice, F. Knights, teacher, ,January I, $1,100; promotion from $1,000. Fn.nnie D. Cl'istensen, teacher, January 1, $1,200; promotion from $900. Grace Lynch, teacher, January 1, $1,100; promotion from $900. Ruth H. Daniel, teacher, January 1, $1,000; promotion' from $900. Edith C. Schell, teacher, January 1, $1,000; promotion from $900. BUREAU OF PUBLIC PRINTING. Federico Crecincs, apprentice, :March 1, $0.30; promotion from class 6. RUREA U OF ARCHITECTURE. Leroy .E. Kern, architectural draftsman, March 15. $1,400; probational appointment. City of M amdla. DEPARTllENT OF ENGINEERING AND PUBLIC WORKS. Edward I. Clawiter, assistant engineer, Febrmu}' 11, $1,400; probational appointment. E. H. Glazier, superintendent of cemeteries, March 15, $900; probational appointment. -:\Ieliton Ygnalino, mechanic, March 18, $360; probational ap· pointmenl. Vidal Uclong, mechanic, February I, $480; probational ap· pointment. ::.\Iargarito PPtrozo, teamster, March 1, $300; probational ap· pointment. · George A. Guill, mechanic, Febrnary 29, $1,200; transfer from whet>lwright, Insulal' Cold Storage and Ice Plant, $1,000. Ca.rlos 0J"tiz, del'k. March 5, $300; transfer from Bureau of Customs, $300. FIRE DEPARTMENT. Robert Brntschc, fireman, first class, Much l, $1,000; promotion from $900. POLICE DEPARTMENT, John,,;on E. Boyd, patrolman, first class, March 1, $900; prnbational appointment. Edward A. Connors, putrnlmun, first class, :March I, $900; probutionq.J appointment. ,John C. Cramer, patrolman, first class. March 14, $900; probational appointment. Daniel J. Desmond, patrolman, first class, :March 1, $900; prnbational appointment . . James A .. Downes, patrolman. first class, March 1. $900; probational appointment. Daniel J. Gcn1tc, patrohnan, firi-;t efa,;i-;. :\larch l, $900; prolmtional appointment. .J;\Hll',; C. Hurtt, patrolman, fi.n;t class, Mnl"ch l, $!)00: prolm· t ional nppointmcnt. \\"i\li<llll N. Lammel', palrolnmn, firi;t class, :\fon·h I. $900: 11rohatio11al appointment. \\"alkl' L. Pani:;;;h, patrnlman, Jirst das~, Man·h I. $900; prnhali<mal appointmt•nt. llal"l')' L. Heynohb, p1tlrolman. first t·lasi;, ~Iareh I, $900: prnhationul appoinlmPnt. • John J. Shcllt>y. patrolman, first class, March I. $900; probntional nppoinlmcnl. Henry L. WnllC"n. pnt.rolmnn, first cluss, March 1, $!)00; prohntional appointment. 0 Eugene Wickham, patrolman, first class, March 2, $900; probational appointment. ,T, C. McCollister, patrolman, first class, Morch 9, $900; reinstatement. William Woodward, patrolman, first class, March 3, $900; reinstatement. Provinces. Melecio Arceo, cashier, February 1, ~60; promotion . from $360. BULACAN. Antonio Lomotun, clel'k, February 1, P300; probational ap· pointment. CEBU. John S. Stevenson, clerk and deputy, September 1, 1902, $1,200; probational appointment. Arthur T. Williams, clerk and deputy, July 16, 1902, $1,200; prnbntional appointment. ~\ndre:s Marin, elN·k, ~larch l, P360; probational appointment. ,Jimeno Dnmaso, 'derk, May l, 1903, $180; probational ap· pointment. Gregorio Pangan, elerk, November 22. l!J03, $330; promotion from $300. Gregorio l)angan, clerk, January 1, $360; promotion from $330. Pastor Aquino, clerk, February 4, $180; reinstatement. SURIGAO. Pedro Diaz, municipal president of the board of health, Suri· gao, :M:nreh 12; reinstatement. Sinforoso San Pedro, clerk, January 1, l!J03, Pl,440; promotion from chief clerk and deputy, $600. Crispin Ribargoso, interpreter, November 17, 1903, $600; promotion from deputy treasurer, $300. Contents. Public Jaws: No. 1088, amending Act No. 90. No. 1089, extending the time for the payment of the land tax in the Province 1 governor. order of the President of Bureau of Tariff No. 391, (1) strawberry fruit pulp; (2) wild-cherry juice. ~~: i~: £~~d~e~~~~sd{:~~~iirct:~·o~?i~bi'~:~~~ftax for "maldng up." No. 394, black glll.Sll beads, strung. No. 395, u1araschino cherries containing less than 18 per cent of nlcohol; r '.\fnnila No. No. 67, revoking appointment of chief liqnidat.or as ~ember of board of protests and appeals and appointing secretary of said board a member thereof . No. 68, revoking Manila Cust.om-Hou~e General Order No. 6.5. Phili1:.i~Tn~iJ~105f!:~ci~:e:~~ clerk and laundry foremRn. Appointments: Bv the Honorable Civil Governor. B)• the Philippine Civil Ser11ice Holl.rd. Published by authority of the Insular Government under and by ':'irtue of Act No. 453 of the Philippine Commission. Vo1,. II MANILA, P. I., ,\PHIL 6, 1904. No. 14 Prn1.1c I.A "'S. I Xo. IO!JO.j .\X .\<'T .-\l"l'llOlllZIX<: PHOVJX('UL BO.\HD!-: OF PRO\". IXC'ES OPl-:H.\TIXG J,AFXC:llE8 FOH 'I'll!<; l"SI·~ OF Timm PHO\'JX('l.\I. OH'ICl·~H.8 TO )LUO; HK.\80X· .\BLE CIL\lWl~S FOR TH..\XSPOHT..\TIOX OF N'OXCWl"lCIAJ, 1'.·\SSJ•:xwmH .-\XU l•'HIWHIT AN'IJ ..\CTI-IORJZINU Tim C'.AHHYJXG CW XOXCWfolJl'L\L P..\SSR~Gl~HH ..\XD l'.ARG<ms t:xmm CEHT~\IX CIRCCll8T..\Xl'ES ox BO.AT8 CO:\TIWLLIW BY THE BCRK.\V OP COAST 01:.\HD .AXD TIL\XSPOHT.\'l'JOX . .-\XD Hl~Pl~AJ.IX<l .\CT Xl")IHJmlm 1marr lll"XDHJW A:XD T\\"l~x·ry. XINJ~. ll,111111flio1·ity of llw l"11ikd M/1/tt'S, br if r1wcfc'tl bf/ Ilic Pliili1111i1u; ('ommi.'l.<tiv11, //lfll: H~:c'rlo:" ,I. In all}' JU'o\·inl"t' in whil·h tlw prO\·irll'hll board i11 maintaining 11 h1111wh m· olht•1· \'1•>1>11•! for the truns.porlution of it:-1 ollil"t'rs. aml for olht•r publi1! purpoiws thP pro,·inl'ial hoard i>1 authorizPtl to t.ra11>1port nonolli1·inl pas>11'll/.,'l't'11 aml frl'ighl from nnC' phu-.• in tlw fll'O\'im-.1 lo nnothC'I' 1111d lo fix ll rens.onn\Jh• turiIT for 11m·h 1•11.rriill!t' ;llld lo 1u.lopt tC"g11l11tio1111 to gQl'('l'll tlw oflic-C'l'>l iu drnrg11 of ,.,1wh lnmwh or otlwr Vt'!-lscl in rcspt.'<'l to the trans· portution of uonolli,·fol p11ss1•ngl"ri< and freight: Proi;idrd. 1!011·· t'l"cr, That nonollil'ial passt>ll/.,'"el'>1 aml frl'ight ..;hnll be rC'c·1•h"C'd onl}• when <·onsist<-nt with tlw t•aniai.,'l' of all ollichil pasi-il'llj...'l'l">l aud frc•il!hl. 11nd that Liii' hu.iiiws-.; lwrrhy 1mthorizrd to hi" donr hy tlw prm·im•inl honnl with it..; ollif·ial liumeh shall he so Ill'· rang1•d as not to 1•nmpPtr with rc•i..ruliu 1•0111mrrl'ial linr11 transport.· ing pas111•ngi.•r>1 01· frt•iJ!hl. ht•twrt•n point.; in tlw snmt• prm·im·I". il h1•inl! till' int1•nt. of this 11r1·tion mrl'Ply to prrmit tlw p1·0,·i1wial hoanl lo supply transporlntion for thr puhli1• whl"rr lhl" .. ame 1•a11 1101 111· ollll'r\\'ist• oht11i111•11. .\II mmwvs rr<·rfrrd hY \"hllll' of this .-.;1•1·\ion shall hr paid into tlw pr~\·inc·fal t1·t>1H1;U.}" nm! ,..hall h1• 1·onsic\1•rt•d ns prm·im·ial funds a\"ailuhle for 1•xpr111lilur1· hy tlw 111·0,·i1wi11l hourd. as prnl"id1•1l h}· law. for lhl" ~l"nrral p11r110,.1•s of th1• pro,·i1wial i.,ro,·1·1·11mrnt. ~1·:1·. i. '1'\w l-:1•t•rc•.t11ry of t'omm1•n·1• 111111 l'olil·r. is hl'rrh)· 1•111po\\·1•n•cl lo anthoriz1•. in hi.; diser1•tio11. tlu• t•arryinl.! of non· ollil·ial pas,..1·111-11•rs arul frt•il.!hl on hout-.; t•nnlrolled by t.hr. Run•nu nf C'oast C1mrd and Transporl11tio11, suhj1"1·t to lhr l,J'('lll'l"al limib· lion-. aml rrstl'idions s1•t forth in st•l'tion 01w oft.his Al'l rPg-anling" lan1wlws op1·mt1•1I h}· pnn·i1wial hoarcls. Thi• lnriff amt rC"gnla· lions for lh1• trnnsportulion of nn11011i1·io1l passt'lll.!t'l's and frpighl 011 l'oast (lmll'tl hm1l>1 slrnll hp fix1•d II\" thr ('hil'f of tlw Bul'Cllll of ('na,..j Ouar1I and 'l'ranspor1i1tion. ~nhjt'l·t to thr npprovnl of tlw :-i1•1·1·1'lary of ('om11wr1•1• a1ul l'oli1·1•. All monryi-i rr1·rh"rd by rirt.111• of tht• pro,·isi11111< nf thi.i st•t·lion for thr tran!!portation of pu"'s1•11g-1•r:< 01111! rar:.:-01•s on an}' ('oust t:nard boat shall hr p11id n\·rr lo t lu· 1lish111·11ing- ofli1·1•r of tht• Burrau of C'o11si Guard and Trnn-.portation. uml hr him 1·0\'t•n•d into thC' Jnsuhll' Trrasury to 1111• t•rt•clit of "mis1•1•ll11111•011s 1·1•t1•ipts." F:~:c. :l. .\(•t :\'nmln•n•cl Eig-ht. lmmlrt•cl 111111 tw1•11iy·ni111• is h1•r1•h}· rrpPalrd. 1r.1.·,; Hv.c. 4. Tiii' puhli1· :..roocl r1•q11irin~ llw spt•t•d)· 1•1111r!Ull'lll of thi-. hill, tlw pass11w• of tlw s11mr i11 lwrPhr 1·xp1•di1t•cl in iu·l'Orda111·1· with sl'rlion two of ··.\11 .\1•t prl'>il'l'ihinJ! thr orclr1· of 111·01·1•1lur1• h}· lhl' ('0111111i ... 11io11 in the• 1•n;1rlnlt'nl of lilws."' passl•li S11 plPmlwr twpntr·sixth. ni1wt1•1•n humlrrtl. SEt'. ;j. This .\t•l shall takr rll'1•1't on its pass11:.:-1•. l':rml'lt•d, )lal'rh i~. l!IO.J. IXo. 10!11.I .\X ACT AMJ.;XDIXG SJ.;CTIOX 1"0CR 01•' AC'T NC~JBEHEJl OXE I-JlTi\"DlmD AXD Hl':VEXTY·Fl\'1-:, J<;~TITLJ<;D ··AX .\CT PRO\'IDIX(l l"OR ·r1rn ORCL\XIZ.\TIOX .\XD ta)\". 1mx:iimxT (.)(.'.AX IXSl"l..-\R t:OXST.\Bl:J.ARY .\XD FOH THI•: IXSPECTlOX OF Tt-m :\ll"XJCIPAL POLICE." .\~ .UIEXDED. BY PHOVIJ)IXG TIL\T WllEX .-\ :mo.rn1m OF ·um PHILIPPIXE8 COXSTAln:LAH.Y HAH Blmx ('OXVIC'rJ<:D • .\SD s1.;xn.;xc1•:D HY .\ conn ()lo' ('(Hll'E'l'EXT .JDUSDl('TIOX. OTHl.:R TIL\X .\ COXST.\IU"1 •• \RY HL\J:\1.-\UY C'Ol"RT. Tl!E l'lllEF CW l'OXHT.\IH"1 • .-\RY MAY ORDl-:H HIH Dlf-:l!OXORABLE DJSCH.-\Rt:E .-\XD TlIE l•'OHl•'l':l'l'l"HE CW .\l~I. P.\Y .-\XD .\LLO\\"A~Wl•:s nn·~ OR TO imcoim m·K /Jg authority of the U11ih'tl Xtcitcs, bf' ii 1·1wr/1•d b.IJ llw /'/1ifippi111· Co111111issio11, tliut: H•:cnox I. 8cclion four of .\<·t X11111hN1•d Om• hmulr1·d iuul i<enmtr·fh-1', e11titlcd ··An .-kt pro,·itling- for tlw ori.,'lrnizntinn and /,!O\"Crnnwnt of 1111 lnsul111· ('onstahul:ll',\", and for 1111' in"')><'l'lion of the munieipal poli1·1•." ;a,.. 111111•nch•1I. i11 ht>1'1•hy furllll'r 1111wmlc•d h}· snhstiiuting a si·mi111lon fol' lht• p1·1·iod <lflt•r 1111' words '"l'.nitcd Shltc11" in tlH' hn•nty-fourth Jim• of said ,..1•t•lin11. 11ml inst•rting nfh·r suid >lC'micolon llw following wonls: '"111111 whrn a 111e111\Jrl' of tlll' l'hilippinl's ('011st;1hulary !ms l1<•r11 1·011\"irb•d nnd iu:•nlt•nced by a l'Ollrl of 1•0111pPll'lll jm·isdil'! iou, ot h<'I' limn n Co11,.tabula1·y s11111nn1ry 1•1111rl, lht• ('hil•f nf ('onsl;ihu]an· 11111}· order hi..; dish"anornblt• ;list•lmri.,11• and tlw forft·it111·1· of ail pu,\• ancl 11llow11.11cC's d1w or to l1<'l'Ol111' 1l11t·": so that s11i1l 1•0111pl1•11• -"l'llll'nre in .i11id !ll'rlion 11}mll rl'ad n.11 follow:-1: ••Tiu• Insular ('hil'f is al110 g-ivt'n authorit}· to susprml. 11ml. 11ft1•r dlll' lwnring. lo 1"<'1110\"I'. nny prO\•inrinl i11111x•l'tor or othrr mrmlwr of 1111' Insular Con:.tahulnry for i1w1Til'iC'11cr. 111i.-.;1·0111!1wt. or disloyalty lo th1• t:nitC'd Rtnll's: aml wlwn a m1•111l1<•r of tht• l'hilippi1w" ('011-.;lalm lary lms hl"<'n <·om·il'ft•d ancl >11•11tl'1w1•1l hy a <'11111'1 of 1•0111111•!1•11! jurisdiction. olhC'r tlmn n ('onsfalmhlr}· s11111mal'}' 1•ourt. tlw l'hi1•f of Constnbulnr}· 11111}' cml1•r his dishonornhll• dist·ln11·g-1• ;11111 1111' fo1·fC'it11rl• of nil pny 11nd 111lnwirn1•1•s dnl' or tn h1•1•nnw (\m•."" Sv.c. 2. Thr pnhlil' g-owl rrquiring tlw sp1'1•1ly 1•mwtnw11I of thi-. bill, tlw p11ssngr of thr samt• is ht>l"l'hy rx111•dih·cl in a1·eonrcl;11w1• with srrtion two of ··.\n .-\d pl'l'>ll'rihinl! tlw ordt•r of 111·oc•1•d111"<' by thr C'onunisRion in tlw rrmrt111r11t of laws," pass1•d :-=1·ph·111lwr I Wl'nty·11ixth. ninrtl'rn humlrl"cl. i-:~:1•. :1. '!'his :\l't . .;\mil lak1• 1•lfC"rl 1111 it.; p;1ssn1-ri·. 1·:1111d1•1l. :\fort•h 2i, lflO-L ""' 262 OFFICIAL GAZETTE DECISIONS OF THE St:PREME COURT. (~o.1481. ~'cbruary 17, 1904.] 7'HE UNl'l'ElJ S'l'ATES, com1ilaina.nt and cvppellrc, Vs. LIBERATO RXAf,TAClOA- F.T AT~., defendants and appellants. C111ms.n LAW; REDf;1,uos: Dn1r.ss.-Thc defendants were captured by briga.ndH, whocompcllcrl them, by threats bf cleath, to take nnd subscribe an oath to support the Kntipnnan Soclet~·. an organfaation created for the purpoi;c of suh\·crting the Government by force. lfrld, thnt the duress under which the <lcfcndants acted relieves them from criminal liability. APPEAL from a jm1gmenl of the Court of Firs( Instance of HuhH·an. Tlw facts arc ~tat<'(! in tht• upiuion of the t·otnL AUIEllTO BAltRETTO, for appellunls. Holicitor-General AltAXETA, for appcllcc. TomtES, ./.: March 26, 190:~, the provincial fiscal of Bulacan presented to the court of that provincr an information charging Liberato Exaltacion and Buenaventura Tanchinco with the crime of rebellion. in that they, subsequently to the 4th day of November, 1901, willfnlly and illegally bound themselves lo take part in a rebellion against the Governnwnt of the United States in these Islands, swrnring allegiance to the Kutipunan Society, th<> pnrpos<> of which was to ove1'lhrow the said Government by force of arms, this against. the statute in the cast>; made and provided. In the courM• ,of the trial Don Pablo Tc-cson, thC' provim·ial gowrnor of Bu\u(•im, testified under oath that the two defendants wrrc aHestCd in the month of March, l!J03, the police some days before having .-apluretl a number of tlocumrnts in the encampment of one Contreras, a so-called general of bandits, situated at a pl:wr callrd Langen, of the town of Meycauayan, among which rlo(•UnH•nt.~ appeared the papers now on pages 2 and 3 of the n•mrd. signed by the said Exaltacion and Tanchinco. who r(>(·ognir.rd the sahl documents when they were exhibited to tlwm; 1hat. tlw said clefcndants stated to lh<' witness that tlwy had sign<'tl lhr !laid documents under compulsion; that. the purpose of lhr Katipunan Soriety was lo obtain the independencP of the Philippines; thnt this statrmrnt was made in the house of the parish priest of 1\feycaua:.•an in the presence of Ezequiel Casas and Fernando Nieto. The latter, upon their examination a~ \\·itnesses, testified to thr same fads. stating that the defC'ndants told Gm·ernor Terson that the:.· had signed the said doC'uments umlrl' fear of drath at. the hands of the thieves ·by whom they had been captured. The witnrss Casas, tho mnnici.pal presiden.t of Me:.•caunyan, testified tha.t he 11eld office as surh in place of thr fol'!l!l'r presidrnt, Don Tomas Trsta. who was kidnnped in !hr monlh of Ortober, 1902. ThC> Mid documents, the first of which was dated July 4 and tlw !lreond .July 17, HI02, were written in Tagalog, and contain an oath takrn in the name of God, and a covenant on the part of the suhsc·rib<'rs to eany out the superior ordt>;1·s of the Katipunan, nm\ nrv<'r disohey them until their derith in the defcns<' of the mother <'onntry. Thr two ~lC'Cll!';t>d, undrr oath, testified to having siwied the said doC"uments and alleged that they did so under compulsion nnd forre while tlwy were held as captives by thC' thieves: that the drfrndant Tanrhinco was eaptnrcd in the fields one. clny when 11r was going to work on his fal'!n by three armed men. unknown to him, who askrd him if hi! was an agent nr frirnd of l'rrsidrnt Testa, and upon his replying in thr nega1 i\'r thr:.· c•omprlled liim in r11rnest of his denial to sign n docnmrnt, now on page 3 of the record. The dl•frndnnt Tnnehinro rited Lazaro Yusny lo testify to the fnd Ornt hr was <'11ptmed nl a pllll'c C'alled Kaibign in the town.~hip of Xovaliches, nnd tl111t on the day following his release, hal'ing been unable to pay the lf;:rno whi<'h w11s demanded of him, he reported to the prf'sid<'nt. Tomas Tc . ..;ta. The defendant Liberato Exaltacion under oath testified that he w11s <'apturrd near Meycauayan by five persons, unknown, dre.~sed as poliremen and armed with guns or re\'olvcrs; tha.t these men bound him am! look him into the forest and there compelled him by threats of death lo !'.!ign th!! document now on page 2 of the rprnrcl; tlrnt thereupon they allowed him to go upon promise to return. Thi:defendant tPstified that Antero Villano and Tomas Rivera saw 11im while on the road in the hands of the thieves. Both the accni-;ed testified that as soon as they were released they prr!il'ntrd themselws to the president, Don Tomas Testa, in the prrsencl' of witnesses, and subsequently went to Bonifado Mora-· ]C's. a licnllmant of volunteers, and reported to him the fad. that thry Juul been captured. ThP witnesses :Morales, Liumro Yusi\)', Antero Villano. Dalma(·io Ferrer, and Hipolito de Leon-of whom the last two were present. when Tanchinco appeared before Seiior Testa, the president of )[c:.•caua,Yan, and reported to him what had happened lo himall testifi<'d to the same fact and corroborated the statements of the iH'C'Uscd with respect to their capture and their subsequrnt l'<'port to President Testa and to the witness Morales. The rddence for the prosecution, and especially the two dO<'llnwnts nhove referred to, signed by the a.ceusPd, is not snfficient to prow~ the guilt of the latter or to justify the imposition npou tlwm of the penalty inflided by the judgn1cnt of tlw eourt below. The f;u·ts, established by the evidence, that the defl'ndants wer<' kidnaprd by brigands who belonged to the Contreras hnnd, nml that lhr,v signed the said documents under compulsion uncl whil<' in l'aplivity. relieYe them from nil criminal liability from tlw •·rime of rebellion of which they are charged. The l'OnducL of the dc>fPndants in presenting themselYes first to the local president of Mey<"aunynn and subsequently to Lieut. Bonifacio Morales, of thr Rnlacan Government Volunteers, as soon· as they were released h:.• the llllndits is eonoboratiYe of thrir testimon:i•. and is the \i(•!it drmonstration of thrir innoeen<•r. This <'Onclusion is not m·1•r1·n111c> by the trifling discrepancy betwre>l'll the trstimony of tlw witness Yusay and that of the defendant Tam·hineo nor tlw faC't that Exaltaeion was unabfo to determine the date when hr wns raptured or thnt on which he appear('(! hC'fore Prrsidrnt Testa. The guilt of the defendants of the crime defined and punished hy A1·t 292 not having been established at the trial heyond n reasonablr doubt, we nre of the opinion that the judgment below nmi<L be reversed and the defendants 11cqnitted with the C"OSts de offoio. The judge below \Viii ,be informed of this decision and a copy of the judgn1ent enteJ"ed herein will hC> furnished him for his information and gnidanre. So orderpd, Arellano, C. J., Cooper. Willard, l\fopa. i\frTJono11gh. and ,Johnson, JJ., concur. I>rfe11dnnts acquitted. PHILIPPINE CIVIL SERVICE BOARD. r:i·l'i/-.<;crvicc cxnmim1/io11.~. SPECIAi. TEACflERS, BUREAU 01'" EDUCATION MANILA, March 28, 190.~. The Civil Service Bonni announces examinations in English to he held May Ii, 1904, for the purpose of -~f'curing eligibles for appointment under the Rurenn of Edueat.ion as special teachers of thC" following subjed-.s: Carprntly. iron \\·orking. c•nrriag(' building and whCt'lwrighting. agri<'ultlll'C'. ThC'S<' rxaminations will be held in Manila and at the capitals of all pro\•incrs cxrept Cnvite, Rizal, Rulnr11n, B11tnnn, Pnmpanga, 11nd L11gunn. Ap· plieants r<'siding in thr provinl'rs named will l>f' C>:rnminrcl in Manila. OFFICIAL GAZETTE 263 The following will be the subjects and weights of each of the 1•xamination.<;: Thl'ee cases of cholera, with three deaths, were reported a:; occurring in the C'ity dming the mouth. The fil'st two cases I. 8ec·on<l-gntde 1•xaminution __ Prnctical questions :l. Expf'l"i<>nce and trainiiig ... Weights. occurred on February :-1 and 4. The third case occu1Ted ou Febi5 ruary 29 and was opt>n to doubt in respect to the correctness of ,jQ the diagnosis, as no bacteriological examination was made. A 25 total cif 61 t·ases with 4i deaths was reported from the pro\·inces during the month. all thest• cases being recorded from the Pro\·inn.,.; Total . 100 of lloilo and Occidental :\'egros. A special invc.itigation of an alleged cholem outbreak of 9 t·ases and 2 death,; in Cupiz Pl'O\"· ince showed that tlw 1•1111se of these was not cholt>ra. Following the disappearance of cholera from the Islands, it is probable that towns in which there an• 110 physicians will continue for some time to rt>port as cholera all case.-; re:-;cmbling that disease. in any way. :\pplicants to he examined iu A'ianila should forward their applications to thl• Philippine Civil Service Board at the carliel'lt practicable date. All others should file their applications as early us practicable with the chairman of the examining com· mittec of the province in which they dt>sire to b1i examined. .\pplication must ht• made on Form 35, copies of which muy be obtained from thr Civil Service Board or from provincial t>xamining committees. STATISTICS FROM BUREAUS OF THE INSULAR GOVERNMENT. BOARD OF H•~ALTH FOR THE PHILIPPINE ISl,ANDS. Vital .<1lafi<'ltics for the mon.lh of February, 190!,. l\IANIT.A, Murch 15, 190.t. Sm: I havt> the honor to submit herewith the report of the Bo:n'd of H(•aHh fo1· the Philippine Islands and the (·ity of '.\lnnila for tlw month of .Febrnury. l!J04. und wouM invite your altr-ntion to tlw following points: The chief and more in:portant cunsPs of draths Ol'l'lllTing in the population of :Manila during the month, with the total nurnher of deaths from euch c11use, und the number O(·l·111Ting nmong 1•hildren of less Uum l ye11r of age, were as follows: Cause>. 1 Total I i?~:!~~ deaths 1 ~car of nge - - - - - - -------- -· - - - - - f,~~1~~:~:,~~s of children _____ ~--------------------------------' :l.~ I_ 259 :::::::~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~] ig I ------~~ --------------------- 28 28 ----------------------------------- 24 19 j_________________________________________ 20 Diarrheal disea.scs-------------------------------------------- 13 12 ~~i~~t~ird1sea..~·::::::::::::::::::::::::::::::::::::::::::::::I :~ ~ ~~~~~i~;~~~t~~~~~~~~;~~~~~~~~~~;;:;~-~~~--------------=1 ~ ---------tJ=~~!Ri-r"e·.;~r;:::::::::::::::::::::::::::::::::::::: --------1 i ---------~ Other diseases of infancy -------------------· ------- ::::::::1 Puerperalsepticoomiu ________________________________________ I Cholera------------------------------------------------------' tJ~~1~~~~;=~~~~1~:_::::::::::::::::::~::~:_::::::~:::::::::::1 i 1=========' 8 I 2 ' l ---------Of thr totn] dt>11ths occuning in th(' eity dming the month (iO. I l'<'I' l'l'llt m•i•mTt>d in ehiltlren who had not completed the first y1•11r of lift>. Uuring- the month there were se,•en 1•11s1•s of bubonic plague with six denths. Of these case>i non<' was furnislwd h~, thl' Chint•se, wl10 lrnvr now lnq.~ely received protective inoculations agninst thr Jis1•11s(•. ln the suppr1•ssion of plague u. total of :m.OfiH ntls WC'l'l' th»;tro~·pd during thf' month, but of the reluti\'cly »llmll nnmher f'Xllmi1wcl nt thi> \nlmrutol'y for this disease, none wus found to ht• ulft'l·tl'll. There w1·re 19~,8GO nnit.s of vaccine \'irus isssue<l, largely for use in the i.i1·cwine1•s. In .Munila 6,167 vaccinations were wade. Xo cas('s of smallpox occurred in the city during the month, although the disease wus quite prevalent in certain pro\'inces. The birthrnte in the (•it,\' of Manila for the month, at tht• rate of 30.1~ per thousand, is the highest. rate yet reported, but the returns al'(~ still incomplPte in spite of the greater attention lately gh'en to securing rt>cords of births. For some mcinths 1111 effort has been made IJy this otlice to securn accurate figures as to the number of insaQe persons in the Archipelago, with IL view to considering proper measures for their care. Returns of insane from isolated towns in the more r('mote provi111·es are secm·t>tl only after much delay, but so fur sixteen provinces have reported n tcital of l,415 insane, of which number i70 arc stated to he violent. The new hospital of the Board of Health nt San Lazaro Hospital for thr treatnu•nt of m,.;r-s of 1·011t11gious :md infectious di:·wuses w1J..S opened during the month. Thi;; hospital is on the pavilion plan. with detached pavilions for the segl'egation of eases of plague, cholem, and snmllpox. ('IH'h of thrst> pa\'ilion" hf'ing di\"ided into wards fo1· malrs and {email's. The main building is for udministration purposes, dispensary, stores, kitchen. and mess, and at thf' pre:-;ent time also furnishc,; acconnuodntion,; to the female lllll'Sf':o;, pending completion of the detached building to be used as their quarters. The hospital has accommo1lations fo1· 100 patients, un<l this capa{'ity e11n be doubled IJy the completion of the entire hospital plan through tlw t'l'eC'tion of thrf'e additional pavilions, should such incl'eased accommodations be required. The equipment of the hospital is modern in all respects, and the Boud of Health is now prepa1·pJ to handle cuses of infectious disease in the best manner. Dnl"ing the month the pail-eonservancy system was trnnsfenl'll to the city and inrorpornted. with tlw burenus of street cleaning. garbage remm·al, and disposal. into 11 general division lHffillJ.! charge of 1111 scavenging work. Ht>reafter tlw eitv will carrv out s1wh work and this oltict• will pn's1•rihe the m~thods 11ml1:r which it will be performed. The wol'k of the sanitary inspection of houses nnd premises was greatly reduced during the month, by rPnson of tlw discharge of 011Jout four-fifths of the natini sanitur,r inspN·tor,; for lack of appropriation for thC'ir mainl<'nnnce. It i,; mHlf'rstood that it was the intention of the Commission thut n lul'gt' part of tlu· work of domiciliary inspeetion should herr11ft('l' be doue lw municipal police acting under orders from this office for suci1 work, but so fal' arrnngements for seeuring thC'ir seniees ha\'(' not been perfected. nnd the condition of the city as to rleimlint>ss has already noti<•enbly sufft>red tht>rrb~·. . VNy respec~tfully. E. C. CAR'fEI!. .1/ajol' 1111d S11rgt'o11, F11itrd Starrs :lnllJ/, Commis8i011<"1' of Pul1lic llmlfli. The 8ECRF.1'ARY OF TllF. f:"TEllIOll. Manila, P. T. 264 OFFICIAL GAZETTE Pt.;pulation of Manila.. Gomparc&tive rrwrlalityfrom January 1, 1900, to February ~9. 1901.. [Preliminary rough count of census ol 1903.] Americans---------------------------------------------------------------- 4,889 ~~~~l~~s-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1~;m 8~i~~~u-~~~~-~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2~'.~ All others----------------------------------------------------------------- 895 Total _______________ ------------------------------------------------ 219,941 Month. 1900. 1901. Nu:rber ~~~ Nu:rber Adi:~:! deaths. "j_~~r deaths. n;_~r __________ , ___________ _ January---------------------------·----Februaey _______________________________ _ '"'" 1 ... 1753 '689 .DealJM occurring during th month of .Ftbruary. Americans------------------------------------------------------------------ 4 March-------------------------------674 ~T.:::::::::::::::::::::::::::::::::::: ~ }~nye::::::::::::::::::::::::::::::::::::: ~ ~~~x!ber::::::::::::::::::::::::::::::: •887 '"' 1732 50.79 47.11 42. 70 I 40.CM: 35.24, 29.79, 37.881 33.71 '"' .... SG.25 36.i2 42.66 4-1.07 43.47 30.89 29.2i 33.79 38.16 41.16, 42.18 41.30 FlliplnOJ1 ___________________________________________________________________ _ Spaniards------------------------------------------------------------------g~~~~~u_r_~!~~~-~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: All otheiii------------------------------------------------------------------'"' ''" . .,. .... 1621 '608 U n known ______ ------------- _ ----------------------------------------------- 1 October--------------------------------'1027 {961 1976 ::::ii I ""' 1767 '"' .... Total __________________________________________________________________ 709 Annual dealh1'ateper thoutandf01' thtJ month. ------------------------------------------------------------------11.47 --------------------------------------------------------------------44.72 -------------------------------------------------------------------14.94 ns------------------------------------------------------------ ll.27 --------------------------------------------------------------14.83 others------------------------------------------------------------------- 14.07 Unknown------------------------------------------------------------------Average·-------------------------------------------------------------- 40.59 DeatM by age, including traMUnts. Under 30 days·-------------------------------------------------------------30 days to l year·-----------------------------------------------------------1yearto2 years------------------------------------------------------------2 years to 5 years-----------------------------------------------------------;, yeani to 10 yean;·--------------------------------------•------------------10 years to Hi years---------------------------------------------------------lfi yenrs to20 years---------------------------------------------------------20 years to 25 years---------------------------------------------------------2;, yenrs to30 years---------------------------------------------------------30 years to 40 years----------------------------------------------------------40 years to 50 years·--------------------------------------------------------50 years to 60 years·--------------------------------------------------------~ r::~ ~ ~ r.;:~====~==::::::::::::::::::::::::::::::::::::::::::::::::::: llOyears to90 years .. ·-·----------------------------------------------------90yea.rsto100 years.---------------------------------------.. --------------100 years and above _______ --------------------------· ----------------------Unknown------------------------------------------------------------------Total __________________________________________________________________ 733 Numhel' or deaths with medlca.I attendance-------------------------------- 344. Number of deaths without medical attendance_____________________________ 389 Tote.I __________________________________________________________________ 733 Stillbirtils,19. Death~ by dUltrktB, indudillg trami.enlli. --~-~----~,t~l-oL•_· - - - - - - - - P~l:,1;1.a-1 Deaths. We.lied CilY----------------·-··------------------------------ 11,463 I 211 ~~~~~~~1as::::::::::::::::::::::::::::::::::::::::::::::::::: ~:~ :t Tondo ------------------------------------------------------- 39,04.5 1711 --------------------------------------------------- 35,040 132 -------------------------------------------------- 11,149 48 -------------------------------------------------- 18, 779 80 8,838 34 6, 726 24 12,2'26 14 8,&18 36 2,990 12 3,2:» 10 15,901 24 I Total ______________________________________ _ -----1~1-..t c/ru<gijkrl re11m·t of all rleatlu1 occ11rri1&g in .llanilfl during llu• 1mmtl1 of Febr11ary, 1904. MALES. Married_____________________________________________________________________ 65 \Vldowers ------------------------------------------------------------------- 21 Single----------------------------------------------------------------------- 5.'i Boys------------------------------------------------------------------------- 26b Condition not stated In certltlca.te.s -····----··--····----···--·-------------- 5 Tote.I __________________________________________________________________ 411 Condlllon Rnd sex unknown, 1. •'EMAi.ES. )lo.rrled_____________________________________________________________________ 65 Widows.-------------------------------------------------------------------- 29 ~w~1~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 21~ condition not stated in Clll'l\flc11.tes ------------------------- 2 Total ________ -----------------------·-·-------------------November ______________________________ _ 48.48 December------------------------------- '"" 43.M .... Month Bi/ibid priwn report of d«llh8 oer11rring duri?ig the 1n<n1U• of February, 190,. Filipinos. Cause0fdeath. i~lcarcel Total. ------- ~-··-1(mal•l· __ D , amceblc----·------------------------- 2 -------- -------- 2 P y tuberculosis_________________________ 8 1 -------- 9 -------------------------- 15 -------- 1 7 'J"otaJ'_:_•:'':::::::::::::::::::::::::::::::l=;;:l~l~l---4 1 one Moro. Condition: Single___________________________________________________________________ 6 Married----------------------------------------------------------------- 14 Widower-------·----------···------------------------------------------- 1 Cemeteries, Lom11..------------------------------------------------------ I Of the total number of deatl;is occurring during the month of February, 1904 ( 733, including transients), 487 were of persons less tha11 l6yearsof age. Of tberemaining246adultsofboth sexes only 138, classified below, had definite occupations: ). --------------------------------------------------------------- 26 '· 3. '· 5. '· ~: r -------------:::::::::::::::::::::::::::::::::::::::::::::::: 9. cacber-----------------------·-·--------------------------------------10. Flreman--------------------------·-----------------.:------------··-----11. Serve.nts.---------------------------------------------------------------12. Cigar me.ken>-----------------------------------------------------------13. Students----------------··---------·---------··------------------------14. Hi. lti. 17. 18. ~~: Stonecutter __________________ ::: ______________ ::::::::::::::::::::::::_ 21. Farmen _________________ ----------------------- ----------------------I ' I ' 3 11 I I I . ' ' 2 ' I 6 . I I Ure.nd total ________________________ ...,. ________ ------------------------ i32 ~: ~~[i~c~~~-~:::::::::::::::::::::·:::::::::::::::::::-- i ~ St1111.>lrths, 19. 14. Machinists ____________________ -------------------·,·------------------OFFICIAL GAZETTE 265 llllALES--(lOntinued. 2S. Newspaper men ---------------- ---------------------------------------26. Gunsmith _____________________________________________________________ _ Tl. Cll.Shler _________________________________________________________________ _ ~: ~~u!~~~-;:fe&fer::::::::::::::::::::~:::::::::::::::::::~::::::::::::::: so. Printer •••• -------------------------------------------------------------Total •• ---------------------------------------------------------------- 92 Cigar makers ------ ---- _______ ----------------- __ ------... --------------••.. Seainlltresaes ---------------------------------------------------------------I!~~~~':_:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Midwife ____________________________________________________________________ _ Cook _______________________________________________________________________ _ Servants-------------------------------------------------------------------Embroiderers--------------------------------------------------------------Ree.I estate agent ----------------------------------- ·----------------------Total__________________________________________________________________ f.6 Grand total----------------------------------------------------------- 138 Birllu! reported in February, 1904. J Total-----------------------------------------------------------------1 Incomplete. Annual birthrall per thouaandf()r lhe mooth. Americans------------------------------------------------------------------ 8.63 ~~~!:1:i~~~ii~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: li: ~ Chinese_____________________________________________________________________ .57 All others ___________________________________________________________________ 14.07 Average'-----.,.--------------------------------------------------------- 30.12 Rep<nt of prucriptWmi ftlled at the municfpal dispensariee, ehrnuing dUtriela, ea, and age of perlf.m8 W whom medicinets ha1H! been given during tM 111Q11th of ~b· ruary, 1904. Filipinos. Rqwrt 11/ 6ick and WQundtd cit11 poor attended by municipal ph1J6icians during lht month of February, 1904. For- __Filipinos. I ChlnSe.nite.ry districts and e!~- Adult Chll-1 ese, Cured. Deaths ... 5 physicians. aduit _ _ · ~:._ ~~Y!t 3 -M. F. -M-. F. ~Z;~ -----~~I~~_::_~ ~-------No. 1, San Nicolas, Dr. V. Ce.vanna _________ ------ 6 G l l ------ 14 2 5 l ____ && No. 2, Tondo, Dr. V. N%.a~.to4~i0.PO.--nr~-p~- ------ 18 29 5 6 ------ 58 IG 24 8 l 268 Gabriel______________ l 11 21 5 l ------ 89 12 18 8 1 78 No. 4, Santa Cruz, Dr. I I C. Reyes _____________ ------ Hi 10 2 2 l 30 12 9 2 2 1 1'7 N(:~~~s:~~~~~~--~~- ------ Hi 29 11 13 ------ 65 14 20 fi 8 168 ::.6t.~~~~::;~-~~- ------ 514 3 I 1 ______ 18 s II 1 . 1 ----11 87 Me.late, Pandace.n, 1 I and Santa Ana, Dr. ~ . J. H. l'flbarru11 _______ ==~~~~-~I~~~!_!_~ Tata]____________ 1 9011191 S8 80 11 297175196i24.i111971 .lfonlhl)I reporl of san Lazaro Hoapllal, leper and tromen'8 departmenta, for Feb· ruary, 1904. WOMEN'S DEPABT!llENT. Discharged cured, 1European,3'l FillpinOll, and 34 Japane;e. Discharged uncured, to leave Islands, 2 Europeans. Transferred to plague department, 1 Filiplna. 'Europeans. Filipinos. Chin~e. - - - - - - - - - T o t a l . M. F. M. F. M. F. _________ , __ - - - - - - Died, 1 me.le. Filipino. General inapection of houus, preini.aes, 1·aull1, ttc., with improvtmenlll ordertd, di8irifected, wkitetvash£d, cleaned, etc., by mtdkal inapectors, chief 1anilary ·i111rptctore, and sanitary -i118}Jtctors, for Ult 111Q11th of Februai·y, 190-'. Houses I,S36 Houses 60'.! Houses 211 Houses --------------------------- 13 Houses ------------------------ 9 Houses -------------------------------- 1;.."> Houses -------------------------------- lSi Houses -------------------------------- s Houses whitewasbe and painted------------------------------------------ 15 Houses disinfecred ____________________________ ,___________________________ 106 Number of houses recommended condemned and removed______________ o Number of houses condemned and removed------------------------------- o ;~m l}~~i~~~g!~~~:~iEf f~~;~I:"~;~~\~~\\~\j~jj~~ '! ~~:~:~ ~~ ~~~~tr~~~~feaJ~~l: ~asm°u~1~;:i ~bo;~i~~~~~~-~~\~~~~:~:::::: i~ ~:~i:l£!~~e;~=~~~:~~~~~:e:~::::::::::::::::::::::::::::::::::~::: ~! Yards cleaned---------------------------------------------------- ii Yards ordered repaired (repaved, etc.) ·---------- 31 ~~~!;~~1c%~1cn..·cases···--------------------rnspectors__________________ 2~ Number of cholera <'ases y Advisory Boe.rd---------- o Number of cholera cuses ------------------------------- I Number of cholera cases ------------------------------- 3 Number of orden issued 87 Number of orders 134 Number of :.!61 Number of 9 Number of I, 123 Number of of food prohibition order______ o l~g!ti ~f~~~~tj~~'~;~~~~~·~i~~:jlljj~=~~--!-!!_ 'if g~::: ~~ :g:~~ tr::: f:~1S::ei'f::::::::::::::::::::::::::::::::::::::::::: I:.!,~~~ Traps set------------------------·------------------------------------------ :.!i,68r• Plates with ratsbane placed----------------------------------------------- 3,Sti-1 Rats ---------------------------- ----------- 19,196 Re.ts --------------------------------------------------11,:.!5\I Rats ------------------------------------- 0 Rats :.!113 ~ m Burials, Abruary,190,. Loma {Govemment)----------------------------------------------Paco General (Government) _________________________ --------- ___ _ Santa Cruz -------------------------------- __________________ _ Balle-Balle ____ -~----- ____________ ---------- __________________ _ Binondo---------------------------------------------------------~!I~~b~~-:::::::::::::::::::::::::::::::::::::::::::::::::::::::: HS :.!6 ' 108 " " 31 266 OFFICIAL GAZETTE Burlah, February, 190"-Contlnued. Panda.can------------------------------------------------------------------- 29 Chinese --------------------------------------------------------------------- SO Crematory ------------------------------------------------------------------ 1 santa Ana ------------------------------------------------------------------ 17 American Nat.Iona.I Cemetery •. --------------------------------------------- 2 San Pedro Macatl ----------------------------------------------------------- 1 Embalmed----------------------------------------··------------------------ 3 Total ••••••••••••••••••••••••••••••••••••••••••••••• ------------------- 752 DCsinterments, ~ary, 1901,. Paco ________________________________________________________________________ _ !!antaCruz -----------------------------------------------------------------Chinese--------------------------------------------------------------------Total_---------------------------------------------------------------- 13 Repqrl of creimltorle1, December, 1908. Crematories. Disposition. Palo- Pa.co. Total. Animate cremated: Horses, American ....•.•• ---------------------------- 16 18 Honies, Australian___________________________________ 1 4 E~f~: r~~~l~:::::::::::::::::::::::::::::::::::: · --·-r ~ ~~ Mules, Chinese _______________________________________ -------- 2 2 Carabaos _____________________________________________ -------- 30 30 Cows_________________________________________________ 7 33 40 Calves----------------------------------------------- 8 -------- 8 8g~-:::::::::::::::::::::::::::::::::::::::::::::::=----~~~- ~~ lTJ Cats__________________________________________________ 102 21 123 ~~~~:::::::::::::::::::::::::::::::::::::::::::::::: 4J ~ 4~ t~I;~~:~'.~::::::::::=~:~:~::=:~:=:=:=~~::~::~:::: :::~ ~~~ ~~~~~~~~~~l,~J Reparl ?'operatioo6 oftlu: pail conserooncy 1111stemfar tJu: munth of Mruary, 1904. New installations Total installo.tions Description. made during the made prior to Feb. Pails remonth. 29, 19(M. moved and r~f:!~~- scats. r~r:~.a- seats. cleaned.I ________ , ___ - - - - - - - - - Private houses---------------- 6 a 676 959 22,660 Public buildings______________ l 1 44 16!'> 8,196 ~~~~~~C:1e!11ectiOflS:::::::: :::::::::: :::::::::=-------~~- , 110 :::J: Mariquln11. -------------------- ---------- ---------- 132 200 6, 700 TotnL ___________________ - - , i-6 [----s63~~ I Month o( February, 1904. 'Six in use. VAULTS CLEANED. By ~~~~:rxgl~~~~J8~----------------------------------------------------20 Gallons removed·----------------------------------------------------- 126,500 Load~ hauled--------------------------------------------------------- 263 By contractor: Number cleaned ------------------------ ·--------------- -------------- 111-8 Barrels removed------------------------------------------------------ 3,421 ,\[on/lily report of difiinfe<'lionsfoi· ~rimry, 1901,. Repqrt of action !ake7i on l'kenat8 during the month of JW>.ruary, 19<M. BueinC&S for 'vhich license is desired. 7 1 8 l ---------- 1 I---------- l l ---------- 1 14 ---------- 14 2 ---------- 2 1 ---------- 1 2 ---------- 2 31 I 32 2 ---------- 2 8 ---------- . 8 3 ---------· 3 . 3 --------- 3 l __________ l 2 ---------- 2 1 2 3 14 ---------- 14 7 l 8 5 ---------- 5 ' 2 6 - - - - - - TotnJ_________________________________________ 110 7 117 ReporUt re1:cit'cd of lepers living in tJu: 1K1n°01«1 prouinces of Ille PhiUppi1U! l8la11d1 lo .&bruary t9, 1901,. ~:~i~:s:::::: -~!~~~~-= ~ Bataan-------- ____ do____ 10 ~:i~etcama:· ~?t~1°n~: ~ rlnC!I. Bulacan------- ____ do---- 17 Iloco.s Norte _______ do---- 45 ~~r:~~~::::::1::::a~ :::: l~~ ~{t~~Wli1HE~ 11 N egros Occi· 1----do ____ 26 dental. Pampanga _____ .... do.... 8 ~~!f~~~-~~-::: ::::a~:::: l~ Marinduque ... ____ do____ 1 ~1Ei~r0::::::::a~:::: l~ Tarlac _________ .... do____ 27 ~~~o~~~ :::::: ::::a~:::: r~ Samer --------- ____ do---- 39 Union--------- ____ do____ 43 Zambales ••.... ~1ffof-~--- as Mindanao---·- ____ 140 ~~~::6~;~~= :::: :::: ~ tal. '37 2 2 5 ---· ---• l l 10 1 1 11 1 l 88 28 42 4 12 5 133 182333 ____ 24 5 ____ 3 2 2 2 16 1 ---- 21 10 9 ---- 43 24 12 8 6 1 ---- fl2 9 12 6 5 3 -------- 29 28 91031851080 8'I 101 50 61 22 14 12 266 88 26 27 20 7 3 4 91 352510 22152716 2 5 121 42 ---- 3 25 11 25 211 7 3 102 4 1 ---- 5 1 8 ---- I 3 19 5 ---- 3 16 3 1 ---- ---- 2 25 24 ---- ---- 19 12 23 1 2 5 68 11 5 1 17 10 8 l 1 43 ~ _ti~i :::~: -~- ~ 4 "ij" ·:i-l 1 ~ -~--!~ :1 !I l '.f i1=1 :g 28 3 ---- 15 14 24 12 4 2 74 35 2 ---- 30 15 24 15 4 5 96 74 3 8 86444518 912 220 89 5 4 136 64 32 22 3 3 269 66 11 2 113 37 94. 9 24 20 810 42 6 2 27 23 32 14 1 5 116 Isabela de Lu· ____ do---- 18 4 1 ---- 3 1 10 3 5 ---- 28 wn. I!~:~a-~::::::: ::::a~:::: J ---ss- -T ·T ·--so- -is- -27" -io- 1~ --s- iJ Nueva Vizcaya ____ do ··-- 13 12 2 ---- 1 3 4 6 2 3 27 Abra ---------- ____ do____ 11 6 ---- ---- 5 4 5 2 l ---- 17 Bohol --------- ____ do____ 46 46 5 l 20 19 23 21 8 6 98 t~$:r~=::::::: ::::i~ ::::---~- j -~~- ==~= ---~- -~- -~;- -~~- --~- i 1 :f Total---- ___________ 2.Q721,1s3jifil77l,05Qi88fli3;31181i67""3,m Ojftce oftlu: Sanitary Engineer. Sanitary orders issued by stations during the month of February. 19Q.I: San Nicolas-------------------·----------------------------------------- 12 Ton do -----------------------------·-- ___ • ----••••• -------------------·-- 3 Qule:pn ••• ______________________________________________________________ 11!1 Santa Cruz----------··-------------------------······-------------·----- 16 Sampaloc________________________________________________________________ 3 fntramuros _____________________________ ·-------------------------------- 5 Ermita _________________________________________________________________ 18 Total ________________________ ........... ------------------------------· 76 Sanitary ordel'!J complied with during the month of Februar~·. l!KH: San Nicolas------------------------------------------------------------- 40 Ton do------------------· __ ------ ____ ------------ ------------------------ 8 Qulapo ---·---------------··--------------------------------------------- 17 Santa Cruz-------------------------------------------------------------- 16 Sampe.loc._______________________________________________________________ 27 Intra.muros.-----·------------------------------------------------------- 21 Ermtt& __________________________________________________________________ 21 Total .....•• ------------------------·-----·-·-----·-------------------- 100 OFFICIAL GAZETTE 267 &p(JrU reeeitled of inaane per~tm11 tivifl{J tn the varioua prooin.ces of the PhilippilV Iilond.B to Mruary f9, l90t,. I r! Mar- 1 1 IChll- Tta.l Province&. Race. :i ~ ~ ~ rled. S ng e. dren. 0 · O! e '.E :s -----------------1~~_!_~~~~~~_.::_~_.::_ i::E;:;:::::: =~~~!~n;:::::1 ~ ra li ~ ii ~i ~ j --~-::i: ~ ~ Bulacan------- _____ do------ 46 28 6 ____ 14 IO 32 12 ---- ---- 46 28 Iloilo _______________ do------ 98 91 24 10 24 21 64 46 ---- ---- 98 91 LB. Union ___________ do-----29 15 l 2 10 4 16 10 1 ---- 29 16 ~~~n-~:::: :::::~g :::::: 7~ ~ ~ --~lr ~ 4: 4~ --~- --~- 1~ 7~ =tr~~-:::: :::::~g :::::: ~ 2g ~ "T 1i : -~- -~~- :::: :::: : ~ Tar lac -------- _____ do------ 8 8 1 ---- 3 2 5 6 ---- ---- 8 8 TayabBS------- _____ do-----68 45 4 7 8 5 50 85 3 1 66 45 IlocosSur __________ do. _____ 89 86 8 6 2'2 20 61 36 ---- 2 89 86 Zambale.s ----- _____ do------ 9 17 9 ---- 2 1 7 7 ---- ---- 9 17 ~,~=!~~~~-=== :::::~~ :::::: ~ ~ ~; 1~ ~ ~ g ~ ~ ~ =~ ~ TotnJ ____ -------------U'8667'"lli66iM"i69470869'"18UU'8667 i ~ );' 11HlP. J~t f !i~iil s ~ ft~ 5~;; ~~~ Provinces. Race. l );' A. 'S~ i_i:l ~ ;; ~-9 d. .. ,s~ ~i:s ] l 1l~Et: 21-: ~ ~~~ :;; ~ ~~i& .. ~ z z - - - - ---- - - - - - -- - -i~~iif ~~~~~~l=~~~i~~=~~~~ ~! 1~ 1 ft ~~~~~~ =~~i~ ~~~ ~ * Ilollo _______________ do------ 54 lSS 184 5 •••• do___ 136 53 La Unlon ------ _____ do------ 10 84 44 ------ ____ do ___ -------- 44 ~~iWo~~-==== =====~~ :::::: ~ 12~ 1: :::::: ===~s~ === i: ------~ ~~!tr::~::::: :::::S~ :::::: ~ ~ ~~ :::::: ::::S~ ::: -----~- ~ Tarlac _________ ••... do------ 6 10 16 ------ •••• do___ 4 12 fi~~~r:::::~ :::::S~ :::::: !: 1~ gg ----~- ::::S~ ::: 1: ~ Ze.mbe.Jes ___________ do------ 4 20 26 1 ____ do___ 14 12 B'ldwnU p~ Tep<rrif&r Manila from February I lo !9, 19(M. BY RACE AND 8EX. ----------------1 Co"'· Doatbo .• ~~~~0~~?~~~~~1~ C&<;es, Deaths. From I to 10 year&-----------·---------------------------------- 2 1 Rg: ~: ;g ~::=::::::::::::::::::::::::::::::::::::::::::::: -------~- --------~ From 30 to 40 years.-------------------------------------------------------------ro1~1!:!' ~.f'sb~~::::::::::::::::::::::::::::::::::::::::::::: -------i- -----·--i - - - - Total_____________________________________________________ 7 6 Number of cases found "alive" ----------------------------------------·--·· Number of cases found ''dead''--------------------------------------------Total _________________________________________________________________ ~ Chollra report for Manila from February 1 to !9, 1904. BY RACE AND BEJI:. Casei. Death~. f~~~n-~~-::: :::::S~ :::::: ~~ ~!~ ~ :::::: ::::3~ ::: 1~ ~ -==~~;;;.;;;...,_;::.::. = ~~~:::=:~=:=:~c=: ;~I~;~· ·ue;,.1i1i·anc1·Mar1ne:Hospii.iiServtce:::::::::::::::: ~; ~ Ulppi~-~-~~~~-~-~~1-~~~~~-~~:_1_~~~~~-~~::::::::::::: 168, ~ ----------------------------------------------- 375 and institutions In the city of Manila ________ 16,435 Total---------------------------------------------------------------- 192,860 Report of vaccination, city of Manila, during Ule month of February, 1904. Chief of vaccinatol"f!, SATURNINO EsPEJO. Children. Adults. Total. AmodI I Amod- Am"· District. Fili- Chi- cans. Fl!!Chi-I cans Fl!I- Chilca~s ~~d J'~. nese. a~~r- J'~. nese. a~~-r- J'~. nese. i~- . ers. ers. ers. - - - - - - - - - - - - - - - - WalledC!ty __ 231 ----- -------- 3231 1 4 o.54 1 4 559 Blnondo_____ 137 _____ -------- 434 116 7 rm 116 7 694 Ssn Nicolas__ 189 6 -------- 241 '1:17 -------- 430 283 ------- 713 Tondo _______ 477 ----- 1 117 M 12 694. M 13 642 Santa.Cruz___ 286 t -------- 285 IO'l 4 6'..!l 103 4 628 ~~mm m 1--;J=;;=~:_I ill :::~~!::::} m .~~~~~ ----:r m Tota1 -2.f;86181--, 2.900 6171----s215.486j6261----;sl6,161 CaBe6. Deaths. ---Total____________________________________________________ s 3 CMes. Deaths. From 1 to lOyear&---------------------------------------------- --------- --------~~g: ~g: ;g ~:: :::::::::::::::::::::::::::::::::::::::::::: From 30 to 40 year&-------------------------------------------- 1 I ~~·;::~:~::.-:::::::::::::::::::::::::::::::::=:===::==:=,=======;r======; Number of cases found ''a.live"----------------------------------------------- 1 Number of cases found "dead"----------------------------------------------- 2 Total ___________________________________________________________________ 3 268 OFFICIAL GAZETTE Epillemit: rJj rfwlera C11 the cily fJf Manila and prorJinee,jrom Karch l?IJ, l!JOe, la Ptbruaryl.1901.. l\la11lla. J'nn•lnCeli. Month. 1 - - --- - - . ·-- _ _ ___ _ I Cases. Deaths. ' cases. I Deaths. 1.f ~~tr-~1~i1 :.! ·li~i:~1 ! .... ·~R~Uary __ ·---·---·---·-------------------···j ~ .& -1,9'.!l ~:;: ~?i~~:T:~~~~~~~~~~~~~~~~~~~~~~~~=~~~~~~~~~~~· ~ 2ii t 5 : t: ill i~s~::::::::::::::::::::::::::::::::::::::: : : ~ 1i:!~: ~:= ~~fo't:'r~~::::::::::~:::::::::::::::::::::::: m: i,1',s I ~:~~: ~:~ No,·embcr ----------------------------------- 81 l 06ll I "' December-----------------------------------i 14 1 13: 0126 100 '""· January _____________________________________ : .& j S39 :L'i3 To~-'-~~~~-~-~-----====----: 6,~~_! 4,81131 Ui0:_:.">64 ! 106,~ lle11orl of chalrm occurring in prm•tnce' in lfu: PMllppi1U! Illa.nd11 from 1'N1ruar11 I lo .hf>rqary 19, 1901.. BUltEAU OF AGltlCULTUltE. llc>nguet fJa:pcriment Statio1i. MANILA, .I/arch v, l.f)fJ.f. 8111: I have the honor to make the following brief report of. mr rN'l•nl vhlit to Huguio und Trinid11d, Henguet: 'fhc mqJerimentnl sl11tion in the Trinidad Valley i11 very crcditnhh• ind1•rd. ll'i11h potntoeis, Mweet potatoeM, cnhbuge. bcl!tM, t•1111lillowtlr, l'l\ITOtH, Engliish IJL"lti:i, bean>!, lettuce, radi1d1, stiunsh, turnips, 11nd many other Vej..,"Ctnbll's 11rc growing quite tl!'; well aos I haw cn•r SL>ell them grow in the Htntes. In the \·illage of Trinid11d, in some stmtll gnrd1>11>1 tlmt had been Wl'll wnteretl and nmnun•tl, I s;1w EngliMh IK'llSl' IO feet in height nnd loaded from t Im ground up with full potls. I >111w c11bhi.t1,'l' t.hnt I eNtimn.ted would weigh :m 111mnd11 lll'r heiul. En·r~· \'l'J.."'lable commonly grown in tl'mpemte <'limatrM 1mems to llouri>1h wonderfully in thiM little v;11lr~·· \\"ith thr arrungrmrnts now made for b"etting the 11u11mr1• from tilt' snnilnrimn hotMt'M, nnd the oommercinl frrtilhwrs lo hi! srnt cn-l'r the mountnins thrre, incre1tl'lcd l'l'sulb an• rxpected. .Just now the cropK 111"<' beginning to 1mffl'1· for moislnrl'. An nhundnnt supply of w11ter cnn Ill' ,.,rottrn on tl1l' lnml, I think. for n frw hnmh-cd pesOli. l<~nghtt!er Hn;vwoml'M t>stimntl' c11l1M for J ,jOO JK'llO!I, but tlmt M1tinu1te culls for quite rlnhomte nnd per1111tt1l'nt work. "' "' "' \Yilh fl'rtili7.ers nnd water tm phH'I' on l'ltrth cnn surpnss this for \·1·1.'<'tnblt>l'I, nl least 11t thi11 i<l'nson of the Yl'llr. I nm not nt all 1mrl' that lfagnio cun not be mndl' to gmw vrJ.,'l'lit-hl1•s. On l'Xnmining i<Olllf' snmplrs of !«>ii from thl'l'I' litMt. ;vmtr. T sugi.'<'stl'd lo 01·. Rerihnl'r thnl t11l' r11w !«lil. full of un1l1>l'n~·t>1l gmss rool!!, w1111 probnbl_r too loose nnd ll'1ll'hy lo grow C'l'OJ>M tlic fir..t ymu. 11s I had iwen rnw prairie >1od 1-cfut<e to produt'e at firMt, On thi1-1 ,.iMit l am conftrmPd in thnt belief. The >1oil sl!l'llls to he 11 1001<1! volcanic ash, 11.nd, I IP11rn, w11s dug to n depth of };,! in<.'llCM. ThiN nm.d(• it so loosl' nnd light nnd porou .... thnt I beJic,·e it w1111 impossible for youi:ig roots to l'Stablish t'lo!<!.• 1•mmgh t'ontnct with the Moil to get moisture t>nough lo lh·e t>\"t•n through one hot, wi111l;v d11y. A imil ma)' be too loose and porous, us well 11s tuo close nml comp1\ct, n fnet that seems to ha,·c been lo11t sight of. We will pulv('rize this soil 2 to 4 inches, 11nd if it 11till a.ppc111'l'i loo fri11ble it will be wette<l and compacted about the seed and mob. Some will be immured and fertilized, and some not. Those methods I expl'ct to be succeRSfnl. Considering thl'l fac_t tl1at shruhhery. tree!!., grasiieis, nath•e camotes, etc., :.,>Tow well on the Jund nnd that 1111 plants require the same chl'mical conistitnl'nts for de\·clopment, the theories of poison!-! nnd 1JOve1·ty of i.;oil 11re untenable. Returninl!" m·t>r the mountains nnd along the new Bl•ngm•t ro11d with its wonderful Mcenery aml astonisl1ing fpats of t•ngin~ring now in progress, I fonded yesterd11y, at the Gm-ernment rire farm nnd Mtopped between trains. ThP work there is :..~tting along nicely. The work of thf' enltll' now undei· Pxperiment is very satisfactory indPed. They work a!! mnny hour11; 11 day as horses and stand the heat quite as well. Tlll';v almost entirely gather tl1eir own'living by grazing. Tlw Jiile11m thrl!!'lhe1· will finish work thb1 week. Tlw highest ret'ord so fur reached has been i50 cnvans ( 1,500 bm1hl'l!'i) of rice in MC\'en hours. Very respectfully, \Y. C. \YELDORN . . -lcting Oliief of Rure<m, The l'iECRE'fARY OF THE INTERIOR, .Jfanila, I'. I. The white cotto11 tree. INTRODt:CTJO:S. Tiii' whitl' cotton tret'. Ceiba 11enlumlt-a, or Briode11dro11 m1fractummm, iM widely distributed throughout the Philippinl' I11l11nds. This tree iis well known to anyone who has traveled at nil l'xlen· :-iivel;v through the provinces, itK 11ppearance, with it11 tull !!lr11-ighl trunk. 11lmost horb-.ontal brunches, llnd h1ri.f'C! Sl'e(l pod!li, being 1m{'h 11s to nttrnct nttention. l<,rom many different purls of the fslnnds reports have bwn rrrrived l'Ollcerning the cotton tree, 11howing that it i11 widely distributed and that thl' fibt•r which it prodm-eK l111K quite 11n extrn11h·e locnl 11111.'. Th<' 11u11liti1•11 of this fiber arr sud1 ns to warr1111t 11 morl' gt>nt>nil l'Ulth•11tio11 of llw trff nnd a more mode-rn and economicttl methml of l'Xtr11cti11g till' fihPr than is pral'liced 11t the present timt>. Although knpok h11!! been known commercially for 11 ecntur~· or morl'. it is only in quite rec('nt ye11rs thnt it has nttaincd 11ny ronsidl'rnhle importnn(•r a11 a <.'f>nunert'fol prodtll't. The tree whic•h pro1hwl'11 knpok i11 50 to 60 feet liigh with 11 11tr11ight trunk. whil·h is pril·kly wh<'n young. The branchl's arr horizonlul 1md whorlt•d. thP ll'll\.l'S p11lu111t('1 and Um flowrrK n dingy whitr rolor. ThP trt"c grom~ rn1•idly 1rnd begins to bear after th<' seeond _rt>ar. It n•q11irt>i1 little nttt>ntion. flourishe111 on ,·rry poor 11oil11. nnd iM not. t•x1wling ns rew1rds wntl'r, In Rengnl, whe1·r thl' winlf•ri; nrl' 11uitr <"ool. thC' )l'a\"l'!I drop off during th<' hot 11e11!!1111. Aftrr thl' lr1n•cs h1n·f' fnllrn tht> blo!!11om11 apprnr nnd soon 11ftPrw11rd thr folingl'. The i5eed ripens two to thrPr month.; lntrr. OISTBJRUTION. Tlw t'<>tton lrl't• is found in nr11rly nil tropil·nl ('Olllltril'!I of the world. In thl' Philippine bhmdM it is \·ery 11bundnnt in ('n\•itt>, OFFICIAL GAZETTE 269 ~egro,;, and partl'l of Mindanao. From the latter island the fihl'r is shippPd in consiclernhle quantity to Manila. The one eonntry in whil·h kupok may he c•om~idered an important product at the pn•sent time is ,Ja\'a. The modern trade in this fiber has been ('l'l'atcd hy illl' Duteh mt>rchants, who fon·e drawn theil' supply almo>1t c>utirrl,Y from .Tant. Thrre are now O\'Cr 50 plantations in that country whPr<' kn.pok is harvested either as an accessory 01· as the pl'incipal product, wlwrc ten ~·rarR ago there were only 5. Kapok il'I lht• lloss ohtai1wd from tlw secdA of the cotton tree and brloni.rs, iu a slrurlural ela:-;sifk11tion, to tlw division of "surface fib('J's." Economif'nlly <·onsidered it is Oil<' of the stuffing or fi.Jling fibers, as distinguished from the fib<>rs which are used for spinning, plaiting, and othN purposC's. Kapok is too short a 1'taple nm! is itlso too hrittlC' ancl elastic to hr i-;pun. bnt tht>H(• \'ery propl'rti<'s make it thC' most valuable of all the V<'getahle filwrs for filling purposes. \Vlwn llS<'d for <'nshions, pillows, 11mttresses, C'fr., its han;\nl<'l'IS am\ C'lastidty 111'('\"ent it ht"(•oming matted. Kapok might w1>ll be nsrd for the cushions and pillows of hospitals, and for l:mrHlagt"s nnd other surgiC'al dressings, as it is rooler and more C'lastic than cotton. This fiber has been usNI to some slight extent, when mixed with other Ii.hen;, for spinningpurposes. The ditfel'rnt f"OUntries which prodn<·t" tlw rotton tree all ha\•e lh<'ir own )()(•al names for the tre<' and for t.111" fihn. In India the tree is known a,<; the white c•otton ir<>e am! in .Jin-'a as the kapok floss. tr<>e. From southern Mind1tnao, where the fiber is produep,d in considerable quantities, we lwar of the kahpok tree; in thr Visayas it is known as bobuy, hulae cloldol. and bulae dondol; in southern Luzon as <'nyo; in the Tagnloir provin<'<'S ns bulac ca.hoy; in Pangasimrn as <'npoos or <'llpas ii'j.ta lm-baret: and in Ilocano as capasanglay. The Spaniards <'nil this tre(' nlgodonel'O nrboreo. Jn Java, whne kapok i11 p!'odnced on a C'Ommercial scale, small iron mills ure m1cd for cleaning thr tlos11, Thr capncity of onl' of the.<>e mills is abont two piculs (of 137 pounds earh) of <'l<>anNI fiber per clay. Each mnchine employs four women. After being dennPcl the kapok is prepared for shipment by being pressed into halrs. These hales weigh 3i kilos for the clf'aned kapok and 80 kilos for thnt which is not cleaned. When the fiber is ha.led it should not he pressC'd rxccsfiivcl~·- as suC'h pressinir will impair its elustirity nnd therC'hy lower its value as 1i stuffing mnterial. lmpro''<'d 1111u·hi1ws for C'lr1ming kapok arC' mannfacturPd hy Ernest l,<>hman, )fnnchester, England, ttml bv Thomas Barraclough. 20 Bueklersbmy, London, England. S;it'h m:H'hines will <·lran from 200 lo 2,000 pounds of fiber per day, weigh from 11 to 4fi hundredweight, and cost from £35 to £!)5. Thrrc is a eonsidernblC' lo('al dC'maml for kapok. it l)('_ing \l:<l'd by the Chin<>,;:r mrrclumts of Manila for filling cushions, pillow,,,, and mattresses. This fiber is used in China and Australia and meets with n ready snlr in European and Ameri<'nn markets. Rl'nutiful samples of kapok werP C'XhibiWd at the World's C'olumhiim Exposition at C'hirugo, in Hrna. and the fibpr. lrns :-;ini·i• ('Qllll' into ('Onsiderable use in the Unikel States. ThC' prorln<'tion in .Jnvn lrns in<'ren11ed from 300,000 kilos (700,000 ponm\,,,) in 1882 to over 4,000,000 kilos (9.000.000 pounds) in 1901. During the first six months of Hl02. whiC'h wns n Pf'riod of industrinl deprt":-1:-:;ion in ,Jnva, 20.3!)8 hnles of kapok Wt"l'e C'Xport<>d. of wl1irh th(' Pnit('(] Rt.nfr•:-; l'<'('('i\"<'d abont $50.000 worth. 161fi7--2 Tl11• 1-lollancl ipwtations for 18!l8 WC'n' a.~ follow . .; p1•r half kilo (about l pound) : Extra deaned .... -----------------Uood cleaned. _ Cents. 36 to 39~ 31 to a:J Cleaned, second quality ___________________ ·----- ______ 20 to 2G Good nncleaned ---------- ---------------------· ______ 8! tu 9~ Ordinary uncleaned ____________________________ ----·-- 6 to 7 (The \"alue of the Dutch l·1·nt is one-half th<' .-\mcricorn cent.) Tlw most rnlnablc produet of the ("Olton ll"<'<' is the fil.l'r. This tree has, howen•r, 11 number of other uses. In India, aml also on the Ishrnd of ~f'gro:o:;, thr growing trC'e is used for living frlegrnph poles; tht• tall. :-;lrnight trunk arnl horizontal brnnC'll('s making it peculial"ly Wl'll :-;nit.eel for this purpos<'. Th<' <'otton trPe in .Java is used ns a support for peppn plnnb and as a sluidC" tree on 1•offrc plantations .. The wood, \d1i(']1 is light am\ soft, is usc•d for tanning i<'atlwr and for making to:r;;. The tre<' yit>lds ;\ dark-red, ulmost opaque, gum whieh hu1' :o;ome medicinal ,·alue. The tender lea\·es, whl'n ground in a paste. are ttlso used medicinally. An inferior rC'ddish fiber is obtained from the ba.rk. The root, when dl'ied and powdered a.ml mixed with the juiee of th<> fresh bark. is a l'lll'<' for dysentery. The unl"ipl' fruit has a \'alue both ils a food prnduct and also medicinall~'. The seeds are onl;v s<>coml in vahw to tlw fiber. In India tlwsc i;reds nre mn...,ted 11nd C'nten in timt>S of famine. The oil ohbtined from tlu· set>cls is C'Xt<>nsively wml by the Chinese in th<> adulteration of peanut oil. The seed cake is rn.luable, eitlwr for <"llttil'-fPeding purposC's or 11;; it fertilizer. Tlw value of this matl'rial. as <·omparl'd with <"Olton s{'('d, is shown by the following table. preparl'd b~, Mr. G. R<'inders: Analyse~ of kaJJOk cake and fJj cottm1 cake. There are sen•rnl lumdred cliffcn•nt varieties of fiber plants in thl' Philippine lislands whid1 hn.n~ some industrial rnlnl'. Of thC's<' abiH·a. stands <'llsil,v fin;t ;1s the most important 11gdc11\tnrnl product of the Islll.nds and as the most nduahle t>0rdage Ii.brr in the world, :Mnguey, another vnhmble c•ordnge li.bt'-1., ill <'Xported in conside.rnble quantitil's. Cotton, the most important of all tPxtile fibers, is widely distributed in the blnnds and is it pmmising product. Kapok, the most valuable of the stuffing and filling fibers, is found in nt"nrly all parts of tl\C' Arehipelngo nnd has a v<>ry genernl local m1e. The nntnrn.I <"onditions of :-;oil nnd climat<' are f1wornble to the Mllth·ntion of the <>Olton trel'. The n10t;t important rl'quirement for th<' furthl'r de\•elopment of the industr:.• is the introduction of fiher-<'leaninl! nmchin!'r;v. A fiberC'leaning m~hin<' lms ht>l'll ord<'rl'd hy tl\C' HurC'nn of Al!ri<'nltnr<' nnd will be opernt<'d in th<' knpok-produ('ing pro,·inl'C'S. Th<' fihpr thns obtninC'd will IX' :<Hhmittl'd to fihC'r dC'a!!'rs for a C'Olllparifion with the .Jn\"a prorhwt. with a ,-iC'w of C'l'<'nlinir a (lPmnnd for the Philippin(' kapok and of plnC'ing thl' industr;v in t.hesr Tshrnds on 11 romnlt"rC'inl hnsis. H. T. EowARO~. Pih<',. F..rp<'rf. ll11rca11 of .4_q1·ir11lt11n'. 270 OFFICIAL GAZETTE Ahuca cultirution in southern .lli11damw. INTRODUCTION. .\hucu j,.; grown more or less cxtcnsivl'ly on all of the larger islands of Uw Philippine Archipelago. Its successful cultivation requires (•crtain well-rlefincd conditions of soil and climate. viz: A henvy and fairly evenly distributed rainfall, a high degree of humidit~·. and immunity from s<werc wind storms. The soil should he a ml'cli11m loam. moist but at the same time wrll drained, containing a large amount of organic matter, and of volcanic origin. .-\ Yrrv favorable combination of these comlitions is found in C'Cl'tai~ part.'! of southern Mindanao. This territory forms n part of the Moro Province 1md, including the Sulu Archipelago, is divided into five districts: Zambonngn, 8ulu, Lanao. Cottabato, and Davao. The local conditions in these (\ifTerent districts are in some respects alike and in othel's very different. At the present time the greater part, and the best quality, of abac6. produced in southern Mindanao comes from the district of Davao. Comparatively little aha.ca is produeed in thl.' (\istri<'t of Z:amboangu. Quite extensive plantings have been made at the San Ramon Government Farm, on other plantations in that vicinity, au<l on the Island of Basilan, all of which sutf{'l'C'd S('\'C'l'C'ly from drought during the past year. The climate is \'C'l'~' fanwab!C' ns for as humiditv is concerned but the rainfall is often insufficient and unless irrigation is available abaca is liable to il<' iujur<'d during tl1e. dry season. Labor is fairly abundant at 50 cents per day except during the months of January, February, and March. Pala.y in harvested in January and food is abundant during the months immediately following. Caraba.os are scarce and _sell from 60 to 100 pesos. Two varieties of aha.ca nre grO\vn, the white and the reel. The former grows tall and slender and produces a fine white fiber. The 1·rd variety is heavier bodied, produces a <'Oitrser fiber. and i.'! less valuable than the white. The method of planting and cultivating a.bacli at San Ramon is as follows: The land is first cleared of all gi·owth, whirh is allowed to remain on .the ground at lea.st thirty days. OI' until thoroughly dry, and then is burned. This burning not only clears tlw ground but also destroys a large per cent of the seeds of weeds which otherwise would be sure to gcrmina.t('. If carabaos are used for plowing, a 6·ineh plow is preferable. The land should first be plowed about 5 inches deep, harrowed once or twice, and allowed to rest for thirty days. At the expiration of this time it should be cross plowed 8 inches deep and again harrowed. Tt is now ready for planting. In selecting suckers care should be taken tr) SC'cure only largc, strong plant.<1: thesr are set in strnigl1t rows nine feet apart caeh way, the br,St time fol' planting hrinJ! at the beginning of the rainy season. Tf these instructions are <'arriecl out one native with a carahno can take care of 20 acres at a cost of $15 per month. If not set in strn.ight rows nnd workl'd with a. cultivator the cost will h<" much mm·r nnd thr production much less. \Vhen new plantations arc started in this district the suckers for planting nre usually secured either from San Ramon or from Davao, at a cost of from 20 to 30 pesos per thousand. The fiber produced is :qold in Znmboanga. The !oral merchants there make no elMsifiration or distinction with respect to quality. The pri<'e paid fol' fiber in ZamboanJ?a in Hl02 to 1903 was from 20 to 24 prsos prr picul. SULU DISTRICT. of Pata, Siasa, Lugus. and Tapnl. As the :Moros haYe no titles to land the sale and purchase of land is difficult. Climatic conditions are similar to Znmboanga. Labor is difficult to secure and is mostly employed on the share .-ystcm. Carabaos are scarce and sell from 40 to 60 pesos. Fi,·e varieties of abaea are grown, as follows: Lanud batang. first class; La.nud lahang papai, second ciMs; Lannd patih. third cla.'i.'i; Lan ml banhanum, third (']ass; Lanud gutai, inferiol'. There are no large plantations. Abaca is planted without ,.hade and rke is grown on the same land the first year. Th<' fiher is not classified but is all sold in .Tola as one quality. The local priel' is from 18 to 20 pesos per picul. About 10,000 pil'uls of fiber and hnnd-madr rope arc export.NI annually to l'iingapore and Manila. When the price of abaca is low the :\Iorns make rope for rxport. The fiber is used locally for ropr. ('loth, fishing nets and lines. stirrup straps. bridles. and girths. Aha<'a planting by the Moros is steadily in<'reasing and the futnrl' of the industry in this district is promising. LANAO DISTRICT. In Lanno there are but few towns, the population being much sl'attered. Abaca is found growing in scattered patches in all parts of thi;; district, being most largely produced in thl' \'kinity of Tubman in the southeastern part, and near Iligan in thC' north<'nst. All land in the district outside of lligan is Moro land and is not for sale. the.Moros not being allowed to s<'ll. The climate resembles that of Zamboanga. Owing to a state of quasi-insurrcetion labor is difficult to obtain. Cnrabaos arc also diffieult to secure and eost from 60 to 100 pesos. There al'<' no nbaca plantations of any size in the district. Shoots for planting are secured from Davao at a cost of about 50 pesos per thousand. The da.p-dap tree, used as a shade for abaea in southern Luzon. is also utilized for this purpose in Lanao. Abaca and cacao are cultivated to some extent on the same land. The La.nao fiber is almost entirely third grade with a small quantity of first and second grades. No fiber is exported, that which is produced being used locally for the manufacturr of native cloths and cordage. When this country becomes a little more settled and the lands are thrown open for settlement. the planting of abaca should assume a position of some importance. It is estimated that in Gottabato 200 hectarrs arc now plnnk-(1 to abaca and that the greater part of the district. except. th<' low swamps, is suitable fo1· this purpose. Thousand;; of acre>: of public lands are available for this purpose. Climatic C'omlitions a.re similar to Zamboanga hut with a henvicr rainfull arc SOllH'· what more favorable. Labor is scarce. Carabaos iir<' availahl<' at. 50 pesos each. Three different varieties of abaca nre grown. In this district abaea. is grown both with and without sluHl<'. Camotes and peanuts are raised on the snme land. Thr <'Ost. of suck('rs for planting, if secured locally. is 100 peso>: prr thou· :<and. The total annual output of fiber is about 150 piculs. Th<' local price for fiber is from 14 to Hi pf'sos per picul. Thr governor of Cottabato states that with C'apitnl and reliahll' labor the Cottabnto Valley would prodll<'C more ab11ca than nny other ·center in the Philippines. nAV.\O DISTRICT. Conditions in Davao.-Davao oecupil.'s thr southeaste.rn portion of Mindanao and is, by ordinary routes of tra\·e\. approximat ... ly 1,000 miles from Manila. The district is 145 miles long from north to south nnd 127 mile;; from east to west.. Jt.o; arN1 is Tn the fli!ltrict of Sulu abaca is grown exelusivrl:v on the 9,lil square miles, or 856 square miles larg:er than thl.' St.at<> of Tsland of ,Jolo. The approximatr art'a no\V de\•otrd to aha<'n is Massachusetts. With respect to physical featnrN•. a lonir ranw <'stinmted nt I.MO he<'tnres. much S<'attered. About 12,000 bee- of mountains extf'nds from tl1<' rxtreme nortl1rrn boundary to t-arl'>i mm·r on .To\o Island nrf'. Nn1sidrrerl suitable for ahara t.ll<' southern C'oast. Jin<'. From tl1is ran!!<' numerous rh'ers nnd ('Ult.urr. and prohahly it <'011ld br g'l'Own on t.he smaller islands . !lfrenms fl.ow into t.he Crl<>b~ Srn. Drwao Gulf. and thl.' PnC'ific OFFICIAL GAZETTE 271 Ocean. Jn these river valleys and along the coast plain are large areas of land of great fertility. The population is bet\veen 30,000 ancl 40,000 and c:onsist<; of Visayans, :Moros, and a large nnm· her of cliffcn•ni nati\·e tribes. These native people, in general, are w·1·y friendly to Amcricuns and are pleased to have them . ~ettle anJ open up the country. The capital ancl chief town of the district is Da\'llO, situated near the head of Davao Gulf. Ther1~ are few roads but the trails are generally in good condition and the numernus rivers furnish a means of transportation. Thr n•getaLle product.<; an• abaca, coffee, sugar cane, tobacco, l'iN', indigo. corn, and swret potatoPs. Cattle raising is an important illilustry. Urnzing lands an· abundant and the cattle of this cfoitrict have never lH'en ilttacke1l l'ither by surrah or rindel'pPst. ,I buca in Va-i:ao.-Davao District has every pl'omise of becoming one of the most important abaea producing centers in the Philippine Islands. The amount of available land is almost unlimited, the soil is fertile, the climate is extremely favorable lo abaca cultivation, and the local conditions as regards labor, working animals, water supply, transportation, and markets are reasonably good. The abaca industry in this district is, as yet,, in its infancy. Fiber has only been produced in any considerable 11uantity during the past ten or twelve years. At the present time large plantings are being made, while the favorable conditions and the general interest which is shown in this part of the country indicate that a remarkable development will follow during the next few years. Olima.tc.-The first and most impo1'lant requirement for suecessful abaca cultivation is an abundant supply of moisture. One long dl"y season will seriously damage or entirely destroy an abac:a plantation. The climate of Davao appeal's to be more favorable for abaca than tlmt of any other province in the Islands. Tiu· rainfall is heavy and quite evenly distributed throughout the yl'ar, the averngc for two years showing one hundred and eighty,..;even days of min with a precipitntion of i9.82 inches. There is also a n~ry high degree of humidity, indicated by the heavy dews and the· long time required to dl'y fihl'r after it has been stripped. The strm·ture of the abaea plant and its habits of growth are such thaL this condition of atmospheric humidity luls ulmosi as import.ant a bearing upon its development as does the amount of rainfall. The heavy wind storms which frequently do so much damage to abnc1~ in some localities seldom occur in southeastern :Mindanao. Soil.-The soil requirements for ahaca are a medium loan, moist, well drained, containing a larg<' amount of organic matter, ancl of volcanic origin. Soils of this character are to be found in llC'arly all puts of Davao. In southern Luzon and the central Visayas w1· usually find abaca planted on sloping land, thus s1'ct1ring the good drainage particularly required in the rainy season. ln Davao, however, the gl"eaier pa.rt of the abacu pluntings have been made on lc\·1·1 land. This is probably due to tlw faet lhat the level lands of tlw rivl'r \·alleys nnd near the S{'a «oust han~ fornwrly bcC'n C'!eared of tlwir heavy timber by the 1mtin• tribes and are, therl'fon', morl' 1•asily put under 1·ultivation than the forest lands on tl1C' mountnin slopes. Owing to tlu- enn distribution of the rainfall these level lands do not h1'(•0111e sunicil'ntly wet at uny season of the yem· a" Lo ret.nrd thl' g-rowth of the abacn, while they ha\'e thl• advnntag-e of lx•ing" mon· (',n;;ily worked thnn tlw mountain lune!:-;. In parts of Davao thNe an• large arl'm; of grnss land now eovered with a henvy grnwth of cogon. A gn•ni deal of thE" DaV<IO cogon Jund is ;, 1lnrk, d('('p soil whieh hn;; <'H'r:.· nppC'nrnnce of \i{'ing suitnble for abat•a. lf tl\C' mgon Jund" t•1rn hr. utilizl'd fol' this pnl'posr it will lw pos:oible to work thl•m with modern agl'iC"ultnral 1iuH·hi1wry to mtwh grenU•r nd\·anUtge thnu thl' lnnd" whiC'h require it prC'liminnry dC'aring nml /!l'llhbing. In11sm1wl1 Rs uhaca 1·irn hC' grown in Davuo without sluulc> and as fnirl:.· snl't'r>1sfnl rPs111t>1 l1nvc• nln•1Hl.\' h!'en obtained on smnll un•ns of <'Og-011 h1ml. it is probable that further developments in this direetion will bring good results. :lnimals 1md l«bor.--·Carabaos al'e used on the plantations, aud native ponies, to solllt' extent, for the transportation of fiber. While carabaos are lly no means abundant they can be secured in reasonable numbers, good animals costing about 100 pesos each . 1'he labor question both as regards the amount available and the quality is not satisfactory, but is more favorable than in some parts of the lsla9ds. The best labor is that furnishetl by the mountain tribes. With a little encouragement these people will come down and settle near the coast and nfter some prelim· inary training make fairly gootl workmen. The wage h; from 40 Lo 50 cents, Mexican, per day, and is usuully paid in rice, cloth,. hl•uds, or some other commodity. Fwrielics of abaca in /Juvuo.-From six to ten different varieties of abucil are planted in Davao, there being considerable difference of opinion as to their relative merits. The more important of thc:-;e \'arietic>s are as follows: (l) Maguindanao babaonon: stem short and thick; fibl•r, good quality; uge, 15 years. (2) Tangongon: stem long and thick; fiber coarse, resistant and heavy; age, 15 years. (3) Putian: fiber white and nonresistant; age. 12 yeari;. (4) Libuton: stem short and small; fiber dark and resistant; age, 15 years. (5) Buguisanon: stem very long; fiber weak and \'ery resistant. ( 6) Putian baguisan: stem short and small; fiber white and fine but not abundant; nge, 10 to I2 yeus. (7) Lana·an: stem long and thick; fiber abundant and re-sistant. The plantation.-In locating a plantati.on the several conditions ~\'hich must be considered are the climate, the nature of the soil nnd its exposure, the availability and quality of labor, the wat.r1· supply, trnnsportation, and the distance from markets. The situation in Da\'ao with n•spect to these several conditions has alrl'ady been ref{'JTed to. The management of the Da\'ao plantations is worthy of spel'ial commendation. The Americans who huve located in this district ul'e keeping their plantations in t'Xcellent eondition and ure also experimenting along various Jim•,; with a view of improving the methods now in use. l'reparalioll of tlie soil.-'l'he land is first cleared of all growth. This is allowed to remain on the ground until thoroughly dry and is- then burned. After this burning two different systems Ul'<· followed. In some cases alm<'a aud eamotes are planted at once. in others the land is fil'st plowed and hanowed. As the newly cleared land is usually rough and filled with stumps and as carabaos nnd plows are frl'qucntly difficult to secul'e, the former method is not without its advantages. Wherevel' it is possible, howe\•er, thP lnnd should he plowed and harrowed before planting. The advantages of this method ha,·e been W<'ll dC'monstrated at lhe Sitn Hamon Government farm. l'lanting.-Abum 11111.y be plantrd in Davao at nny timr durin~ llu- year, hut the most favorable tinw is tlurin~ thr rainy st•n,,:on. In planting. ritlwr suckers are used Ol' u portion of the root of nu old plant. The lnttN method is si\id to be more sure and has the nd<litional udv1rntllg-t' of being <·heapcr. Whrn a stalk of abaca is ent for fiber the root i:-1 also n•mo\·1'll and sl't out to form 1\ new plnnt, thus new plantings can ht• made without drawing any :-1uckel's from the old plantation. DnYao now furnishe.<; sufficient suckers, or so·calletl seed, for the locnl consumption and also exports small quantities to other districts. Suckers cost from 20 to :JO pC>sos per thousand. Plantings IH<' made in struig-ht rows from !I to 12 fc>et npart rnch way. usull:.· IO fl'c>t. wliirh gi\'('s npproximatdy 1.000 plunts to thC> h('('tare. C'umote . ..;. 01 nnth'C' sweet potntol'>1. are usunlly :oet out nt the .<iamt' timP with ilw aha('ll. These eamoWs g-row 1·:1pidly nlHI in u short sp;H·t• of time entirl'ly cover the ground, thus checking the growth of wePd.<i. They also furni.<ih n food supply for the labol'ers on the plantation. Corn und /)(Ila!/ are nlso frNpwntly g"rnwn with ahat'a t]IC' first yt•ar. :\n ndvnntage in planting- corn is thnt it furnishes n 272 OFFICIAL GAZETTE mul'h-nee>ded shade to the tender shoot of the young abaca. :Many of tlw Damn plant.er:< 11r1• putting in cocoanuts with abaca. l•:\'l•r.v third Ol" fourth almt·a plant is left out and a eocoanut phrntl'<I in its plact'. The idea is to han·1•st the abaca until about tlw time the cocoanut grove come8 into beuing. If the land which iH \wing planted is adapted both to abac.a. and cocoanui this svst<•m is 01w to be recommended. Although the growth of the e~)('oanub may be somewhat retarded and a full crop of ubaca will not lie secured, nevertheless, under favorable conditions the ultimate returns from the combination of the two crops will be :;renter thau when either one is grown alone. (,'11ltivatiui1.-\Vhen nbaca land is plowed befon• being planted and is afterwards worked with animals almost com;tant cnltivntion is required cluriug the first year to keep down the growth of weeds. When camot<-s are planted the growth of weeds will not In~ so great, but 1n·pn nuder llwsl' conditions a l'icnring j,.; nf'l•(•,-;. sury about 1•very two month:s. After the abacu is fully grnwn so us to shade the ground and after the stripping of fiber has left 11 large amount of refuS<' on the land the grnwth of weeds will die out. N/wdc.-Nl'1lrly all of the abacn raised in Danw is grown without .... hadc. The function of the shade tree is to furnish protection from exce.-;si\'e suu and wind. As u 111·vtcction from wind there .-;1•1'ms to be but little nt>ed of shade tl'ees in this district. The :lin11•a plant. purticula.rly when young, requires some protection from th<' gllll'ing rn)'S of the sun. The relative merits of growing alml'a in Davao with or without shadt~ is still au open question. lf tlw \alter nwthod is followed. l'Ol"ll, 01· some other crop whiC'h will ... had(• llw young ubucu plant. should be grown the first )'CUI'. JJu.rresli11v.-Tlnou;:ihout tlw centml islands the first cutting of ah111·a takl's place ut two and one-half to thl'ee yeurs after pluuting. Jn Dunw good ubucn has heen cut at twenty months a111I th1• lil'st e11tting is ordim1ril)• nuule within two yrars afU>r planting. This rnpid den•lopnwnt is due to tlw favornbl<' (•linmti1• 1·omlitions. Tlwrt• lwing no W<'ll·mnrkcd dry sl'i1son, the growth of tl1<' plant is not d1t-cked at any lime during thl' year. Suhs1>111u•nt cutting:.; arc nmdt• C\"t•ry six to 1ii1w months. This rupicl l!l'nwlh and l'al'iy clew•lopment Ul"I' \"tll"Y impol'tuut c•om1idcrntions and <ll'I' quill' suflkient to show that the climntic and soil comlitions nf Da,·ao al'(' purlit•ulurl:i- well suited lo thl' (•ultivittion of alnu·11. /~'wl rue/ ion of /ilicr.-Fibcr is extrnC'ted, or slrippPd, both with tlw .-;mooth-l'dgl'd awl tht• Sl'rrnl1•d hhull', probubly the gl'C'ntrr p«'n·1•ntug1• with llw h1tlt-r. A \'C'ry 1lrt"ided stand lms been taken hy t\u- Amt•ril·nns of tlH' 1listrh·t to maintain u.nd lo impro\·e thC' 11n:dity of thl' lilwr 1•xpo1·kd. and an effort is being made to bring almttl u more gl•1wral usC' of tlw smoolh·C'dgNI stripping knifl'. It is to he regrl'ltl.'d that no (·lussilicution of lihrr is made iu Davao. Whl'n 111(' stripping is 1\01w the small amount of dark· (·olUJ";•d infrrior liher. prodm-ed l.iy thl' oulcr )lf"tiole;;, is irulis1·ri111inut1•ly mixed with tht> vastly grf'nlt>r amount of su1wrior lihf'r. thereby lowl'ring thf' qnulity of the enlin• prodm·t. .·lfl<>1"·/1'et1l11H'11/ of filwr.-The fihrr nfl<"l" bring strippi>d i>< 111111µ; m·rr ho11nhoo poll's am! i>< 1ll'il'ri in the sun. This tll":\'in,!! takl's about two dn.w. a longi•,r tiuw th;111 in loc:ditit'>< wht'rt" tlw dcgTrt' of humidity oft.he ntmospht'l't• is not so great. From llw plantation tlw fiht>r j:; sent. eithl"I' in smnll honts 01· 011 nn.ti\"r ponies. to sonw point of shi.pnwnt. Tlw gT1•11t.C'r part of t.ht• prod111·t of tht> distrit·t il'l ship1u•d from U11• town of Da\'l\O 1lirt•(·t lo Mnniln. /Jrrrno /ilwr.-Th<' fihl'r produ("p(\ in D;1n10 i>< of l"l'lll1ll'knbly ,!!OOt! qn1llity. In IC'n,!!lh it. i>< prohuhl,v ><UpPrior a>< n who\r to tlw prochll'l. of any otlwr distril"t. in thr Islunds, Jn 1·olor lllltl fi1w1w><s it rnnks well. hut with n•speet to tht>><t' two qualiti~·" 11iig-ht hi' iirrntl,\· improvc•c\ hy a systrm of elnssifil•ation and a 11101·1· rrstrit'\l'd usr of l111' sNrntl'tl·l'<lgNI knifl'. Th<' nnuunl yip\,\ JWI" hl'1•t.a1·c• is l'stinmh•d hy lhr plnnt.t>rs nt all llw way rrnm ;; in (i{) pic·ul><. Tlw H\"1'1'11,!!l' yirlrl \II\(\('!' 1101'111:11 l'Ottclitions will probahl:\' run from 12 to l6 piculs per hectarr. Tlw selling pl'iet' of ahiu·a in Davao at the present time is from $2i to $24 per picul. A small amount of fibt'r is U><t-11 loc·ally for th(' manufacture of nutivC' doth. Estimated oo.d and reven11c~ of an abaca pkmtatio11 in lJ"rao.Thc following is an estimuW of the co:st of establishing an ab1w11 plantation. The size of the plantation selected is 250 hectnres, which is one-fourth of thl' nmount of land thut can li(' tnkf'n up by a corporation in lhf' Philippines under the land law (..\l"t Xo. 026) as enatlf'd by the Philippine Commis,;ion. Planting ;)Q hectares a year, it would rcquil'e five years to put this nmount of land under culti\'alion. With respect lo the cost of cleuring um! culth·ating Jund. and also the yield, there will be oonsid('1·ah1(' variation, depending upon th(' existing l'ontlitions whl'rl' th«' plantation is lo1·ntl'd. This gtml'rnl ('stimate is prepared from figlll'('s obtained from thf' tlifferf"nt Aml'l·iean ahaca pluntf'l'S in Davolfl. It should be stnl('(I that prncticully ull lubol' emplo.ved l'fln be paid for in·ri1·t>. cloth. and other eommoditif's. the profit on which should consideruhly more than pny for all inl'identul l>xpensl's whi(•h nm~· Ot(•ur. All 1wc·ounts in this statl'llll'llt nrl' in Philippiue e111Tl'llC')'. ExpendRble: Cost of 260 hectares, nt SlO per hectare·------------------------- t.!,.'")()I) ~f:~n~: ~:~1~~i~~!~h!!~!~~~~~~~~~~~=::::::::::: ~:a Cultivation of 50 h!.'ctnrcs (llrst rear), at $15 per hectare________ 750 1-'enclng and roads____________________________ 200 Six c11.rabaoo, at ilOO each________ ---------------------- 600 Buildings ------------------------------------------------------- 400 6~~~:~r~ ~fl/i~~~~~~~-th::::::::::::::::::::::::::::::::::::: 1.:: Incidenlals. ---------------------------------------------------- soo --tl,400 9ECOND YEAR. Expendable: Clearing 50 hectares .... ·-------------------------------------- _ Sl,000 Purchase of 50,000 11.baca stools_____________ 1,500 Planting 50 hectare.~-------------------------------------------- 150 ~~l~!r:l1~~iL~J1~~~~~~-~~~~~~~~~~~:::::::::::::::::::~:::: ~ overseer-------------------------------------·------------------ 1,800 lnlerest on lnvestment__________________________________________ 940 Depreclftllon on tools. \.luildings, nnd animRls (20 per Cl.'nt or CO!it)---------------------------·-··········------··-·- _ 240 --7,0l:IO Expendable: Clearing 50 hectares.............. ----------- Sl,000 Planting 50 hectares·--------------------------·---------------- 150 Cultivation (50 hectares, tln;t year, 1!:750: 50 hectares, second year,~: 50 hectares, third year,125()) ______________________ 1,r.00 Fencing end roads_·-------------------------------------------- 200 0VCl"liCCr ......................................................... 1,800 Interest on Investment._______________________________________ I, 648 DepreciRtion ____ ---------------------------------------· ______ 24.0 Income 11.ccount: --6,588 From 50 hectares, 50 per cent of full crop (full crop from 50 hectares, at 12 piculs per hectare, 600 piculs: one-half, paid for cleaning, leaves aoo picu\s, al i'.!'! per Jlknl, SG,600). ------------ :l,300 Debit balance-------------------------··-._ ________________ --------- 3, 231:1 i-:xpcndable: Clearing 50 heclares........ -------------------------- ------ 81,000 Planling 50 hectares ___________ -------------------------------- 150 f~~~j~~l~~d l~a~~~~a~=~::: :: :: .:::::::::::: ::::::: ::::::: ::: : :: I, ~ Overseer ............ -------------------------------------------·- 1,800 Interest on lnvestment__________________________________________ I, \lil Depreciation---------------------------------------------------·~ (i, &ii Income Rccount: 1-'rom ''°hectares. 50 per t'ent of full crop_____________________ 3,300 From .">O hedares. a full crop____ ------ tl,600 --9,900 Credit bal11.ucc __ . __ .... _ .. ___ ..... ------ _____ . ____ ..... _ ..... __ . ..... 3, Oll\I Expend11.ble: ~:~~~11~~ ~ h~;~~s:::::::::::::::::::::::::::::::::·----- ___ 81,m Cultivation, 100 hectares_____________________________ 1.::.00 Fencing and roads--------------------------- 200 0\'erscer _______________________ --------------------------- l,llOO Yixed interest on Investment and depreciation 1·harges__ _ 2,250 --ti,\IOO credit \Jahm<'C-OFFICIAL GAZETTE 273 SIXTH YEAR. ExpC~~f~~ii~g 100 hectares.------------ ------------------- 11,000 ~ .. ri!:f~tercst-O:iidtfCPfCCtatiOii-~~he:rgc;::-:::::::::::::::::::_ - ~: ~ &.">, o;,o lnco~1~:~J!E~~~e8.~ f~fi ~~~~~!-~~~~~_'"~~~:::::::::::::::::::::: 1~:::: 23, 100 Credit balance __ _ E:Kpendable: Cultivating 50 hectares ___ ------------------------------OVerBeer -----------------------------------------------Fixed Interest and deprecle.Uon ch11rges ________ _ _____ 18,0.iO """' 1,000 ----- 2,250 --4,550 Credit blllance ------ ___ -------------- --------------------- ------- 25,1.')() Exp~:=r!iemi&ii<fdeprec1atron·ch·arges:::::::::::::::::::::::: ·~::l 4•050 Inc~:r!~u::~taresln full bee.ring______________ 33,000 Credit balance ---------------- -------------------------------------- 28, 950 NoTE.-After 11bucu i.i Lhrec yeurs old, if tlw land has been properly cultivuWd dnr~ug this time, it will require prnctkull,\• no further cultivation. From this time on the nutive laborer will keep the Jund in good condition, h111·\·est the crop. and strip, dry, and deJh·m· the fiber for one-half of the product. Abaca. will continue to produce a full crop, without r<>planting. for ii period of from ten to fifteen yea.rs. CONCLUSION. al tlw prindpal Ol'iental pol'ts has resulted in a System by which there is prnhahly less delny than itt any tim<> in the history of the Quurnntine S<>n-i(·e of the Islands. The vahll' of fumigating vessels with sulphur is bec·oming re1·ognized by the !!hipping interests, and from being u menslln' that was a\'oided where\'l'I' possible is now requC'sted in m1tn,\' instunC"es. Hidding the intcrisland \'es,.;els of rnts and \'ermin, with the other sanitury meaSUJ'es in,.;tiluted, has ~tlso added gre1ttl,\' to the l'Olllfort of the trnveling publie. to ;my nothing of tlw effeet it has had in preventing the spread of disease. Two hundred and thirty·se\'ell immignrnt;; were inspet·ted nml forty-one were rejected on account of being afflh·te1l with trnehoma. The Collector of Customs, acting on the authority of tlie United States immigrntion lnws. had the l't>jccted immigrnnl..; l"l'lurned to the c·ountry from whence they came. One hundred and thirty-three nmsters, mates. engineers, etc., wl're ph,vsicall,\' l'xamined in 1weordnnt·e with the provision;; of ..\c•t No. 780. Total ____ _ Qiiaranline Tra11saelions. l'ORT OF MA.NII.A.. L~ ---- --•--------------------.j~ 167 1 u " 295 Number of vessels t1~'1~~c:i~tes ports-------------------------- 11 foreign ports_____________________________________________ 87 domestic ports------------------------------------------- 163 from United States porL~----------- --------------------- o from foreign ports--------------------------------------- o from domestic ports__ ------------------------------ 93 With a most favorable climate and large itreus of unde\•eloped hind, the futm·e of ubacu in Duvao tlf'JK'mls d1iefly on the rnpidity N with whid1 the public lands are taken up and developed. With Toto.I __ ---------------------- _______ ----··------------------------- 001 ng boet.s inspected: --------------------------------------------1,S'l.'J ____________________________________________ 4,fJ\!\I the completion of 11 telegraph line, now in com·sf' of constntction, and with inc·reused and improYed facilities for trunspo1·tation, the present somewhat isolated condition of this distl'ict will be in a measure removl'd. The elforts which ure being mude, both h,r the planters and by tlm Government officials, to encournge tlH' introduction of ugricultuml machinery and to improve the methods of planting, cultivation, and extrnction of fiber, together with the natural richness of the country iL<;elf, should result in making this district one of the l'ichest un<l most important ngl'icnltmnl provinces in the Islands. H. T. E1nvARDS, Piber Ef&pert, B11n:a1t of Agriculture. QUARANTINE SERVICE FOU THE PHILIPPINE ISLANDS. Jlcporl of t1w Chief Q11u.m,nti11e Officer fol' ,f11111wr,11, 190.~. MANILA. P. I., llforch !.}, !!JO.~. 8111: I hll\'c the honor Lo submit herl'with the l"egulnr ·month Ir report of the tl'llnsuctions of the Quanmtine Sel'vice in the Philippine Islands for the month of January, 1904. The eonstont decrease in the number of qnar11nti1mble disease;;. in the Islands is resulting in n. certain amount of nputhy on tlH' purt of tht' public with regard to .sanitary 111eus11res, anJ. in 1·011seq11ence, it is becoming more diHicult to enforc•<> regulation,.; which nre intended to prevent outbreaks ,.;ueh as the Islands have suffered from in the past. The more free the Islands become of 11u1lrnntinuble diseases, the more necessary it is to prevent fre11h intl'oductions from without. Strict precautions nre therefo1·e bl'ing observed, especially with regard to forPign vessels. Fortu· nutely, however, it is pos>1ibll' to make thP mPasures of sm·h a nnture thut interforencc with conunel'ee is red\l('l'd to 11 minimum nnd m~ipt'l'atiun with the llnited Stutes sunitur,v ollice1·,.; stntione1I --------------------------------------------- 5 ------------------ 467 Tot11\ ______ ----------------------------------------------------------- 6,826 ~umber ol persons \'llcclnatecl: On steamers, crew ------------------------------------ ------------------ !l'.N On steumers, passengers ______________ -------------------------------- o On sailing vessel!<, l'rew _______ ------------------------------- --------- f>.13 On u!ling vessels, pe...'\liCngers _ ---------------------------- o 'l'oll\I ___________________________________________________________ ------ 1,Slii ~~:!~~~ ~~ ~~~ ~~ :~~l~l:!g ~fi~1;~i.:fscf~~~cted·:::::::::::::::::::::: 9· ~~ Number of and conttl.cts_____ O Number of i4i Number of 3 Number of O Number of :!i Number of 2.-, Number of u Number of O h-~ - ~-1mberof o Number of l?l Number of o Number of 0 Number of ;, Numbl'rof l Numbcrofsteamers sin ectc --------------------------------------------- ~ Number of so.iling ve.~cls r'lisinfected --------------------------------------- O ~:::~~~ ~~ ~~~~ ~~ ~~~ii~:~j!!f:f~~eCtei:t:::::::::::::::::::::::::::::::: 3 ii i~~m 11 f:illr tl'~;\\~~~~1F~~~~:.;~~=~=-=_ ==-====;;;;;;~:; ;. ;;; Bills of health Issued; To steamers ror Uniled Stnlcs ports-------------To steamers for foreign port.~-----------------------------------­ To steamers for domestic ports---------------------------------- _ ~~ :11m: ~~=i~ m ~~:::if:1~~:;~;~~:::::::::::::::::::=~-____ _ Total Xmnber of vc~•ls inspected: Steamers from l'nlted Stall's 1mrts -------·---------------Steamers from foreign porLs---------------------------------Sten.mers fro111 clotnl"Stk port~----------------------------u u 112 u u " u 2 11' 274 OFFICIAL GAZETTE Quarantine 7'raniraction8-Contlnued. PORT OF CEBU-continued. :\'um!Jer of \'e&<;eis lnspected-ConUnued. Sa.Hing ve8Scls from Unlk>d States PQrt.s--------------------------------- 0 Sa.illnll' \'CS..~e\s from foreign ports--------------------------------------- 0 Se.\llng vc~cls from domestic ports-------------------------------------~ 'fota.J__________________________________________________________________ 508 Number or pllS'lengers on e.rrh•lng boats inspected: On steamers. cabin------------------------------------------------------ 282 §~ :!ill~i~=~~a£~~-i~:::::::::::::::::::::::::::::::::::::::::::::: ::~ Tot.ul ------ ____ -------------------------------------------------------- 3, 010 ~~:~:~ ~~ ~~:~ ~~ :~~l~l~~ :ni::;~~rsef!:~ctei:t:::::::::::::::::::::: ~:~ ~~E!~~ ~i ~§i~~~ili~~t~:;~;l~i~~e~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 4 i Bills oI health issued: To steamers for United States PQrtB-------------------------------------- 0 To steamers for foreign ports-------------------------------------------- 4 fg !!!~~;r:!~1~1~r~~~~~~-tes-pciriS:::::::::::::::::::::::::::::::: 'g r.~ :m~~ ~:::1: ~g~ ~°or::::.s~1r;~ts-:::::::::::::::::::::::::::::::::::: ~ Total------------------------------------------------------------------ 301 Number of vessels ifl~~~:~e~~tes PQrUI______________________________________ 0 r~:~~Ulr:~:=~~~ii::::::::::::::::::::::::::::::::: ,~ ~~: ~0or::s°t.i~~~tS::::::::::::::::::::::::::::::::::::: l~ Total __________________________________________________________________ 212 Number of pu.ssengers 011 arriving boa.ts inspected: On steamers, cabin______________________________________________________ 422 On steamel"!I, steerage·-------------------------------------------------- 1'!47 8~ :m~~ ~:::l:: ;:ae~:ige-::::::::::::::::::::::::::::::::::::::::::::: 11~ Tot.e.J __________________________________________________________________ 1,986 ~~:g:~ ~~ ~~~~ ~~ :~~l~l~f :ft~;~e~f:f~~ecte<t:::::::::::::::::::::: ~: ~~ Quarantine 7'rar18(1.clions--Continued. PORT o~· ILOIJ.O--Continued .. Number or persons vaccinated______________________________________________ 490 Number of peftlQns bathed and effects disinfected__________________________ 311 ~~:o~~!-~~~~-~~f-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~ as Number of vewcls disln fected ______ --------- ________ ----------------------- _ Number of vessels detained in quarantine----·----------------------------Number of vessels remaining in quarantine January 31 -----------------Bills of health Issued: :f~ ~~:=~:~~Poi:!~~~~~~-::::::::::::::::::::::::::::::::::::: ~ f~ :mi;:;~:.~1~1~r1~~1&dr~tftiellj)OfiS:::::::::::::::::::::::::::::::: 1~ To sailing vessels for foreign PQrts-------------------------------------- · O To BBillng VL>ssels for domestic ports _______________ --------------------- 'I Tota.Ir ______________________________________________ ------------------Number of passengers on arriving boats inspected: On steamers, cabin------------------------------------------------------ Iii On steamers, steeruge--------------------------------------------------- 306 On sailing vessels, cabin------------------------------------------------ o 011 sailing vessels, steerage--------------------~------------------------- o Total __________________________________________________________________ 4113 .Number of pel"!IOns vaccinated---------------------------- __________________ ---SO ~~:g:~~~ ~~: ~~ :~~l~~ !1~~r::!rs~~~cctea-:::::::::::::::::::::: i.osg Number of vessels in quarantine-------------------------------------------- o VICTOR G. HEISER, Passed Assistant Surgeo11, Chief Q11anrnti11c Officer for tltc PhWppine Isla-11ds. The> :-:t'.l'IU:'fAltY 01'' 1'11E 1NTERIOR, Manila, P. I. WEATHER BUREAU. ,1/eteQrologiool (lata deduced from liourly 0011trt'<ltions, 111011tl1 of &bruary, 1901,. OFFICIAL GAZETTE 275 BUREAU OF THE INSULAR TREASURER. Banco &panol-Fi.lipino-BalancP sheet for February, 1904. Rei>ources. P"~';~iture and fix tu..,, Phlllppino '""'"'f------- I Real estate----------------------------------------f~;~:~ I Sec~~::'~nd discounts----i I , Capital stock, Philippine currency ....•.•••.... "----------------_I. Pl,500,000.00 Reserve fund: P410,280.11 tfof:1n'.t!'~1!~~~~~-~~~~~~:::::::::::::::::::::: p~::::::: i S90,000.00 ~~~~if~3ifi;~on_c!.:::::::::::::::: P4~:~:M ! Local currency____________________ 124,336. 21 &lfi,au.a:; I Loans (papers acknowledged notary public), local currency----------------------------------------- 110, 162.10 Loans secureoi by mortgages~~~f~ig~~i.:;;~~-~::::::~::::::::: ~: :: ~ Loans secured by merchandise856,00S.26 Philippine currency_______________ 79,047.96 Hlspano·Filipino currency________ 18,5Cl0.00 Local currencY-------------------- 14,000.00 lll,M7.96 Correct: EUGENIO DEL SAz 0Rozco, Director in Charge. I Deposibl: I Voli':iWip;ioecurrency___________ P'l,~.00 I I ~~~.!~~!~~~~~:::::::::::::: g:~::: ! Local currency---------------- 90, 702.93 TimePbllipplne currency___________ fi0,350.07 Hlspano-Flllpino______________ 650.00 Local currency ________________ I,000,894.18 103,907.931 ! Ifl,660.00! I ! ---l,0.)1,8!14.2f11 J. SERRANO, Accountant. BUREAU OF CUSTOMS AND IMMIGRATION. Or~8 customs receipts at all porU in u~ Philippine IslanWi, by mom ha, half years, and caleiular years, IOOZ and J90j, (Expressed in United States currency.] 276 OFFICIAL GAZETTE Gross c11>JfomJ1 recei11ts at all pITT'b> in the l'hilippi11,e Isfan(/8, by nw11ths, ho// 11oors, a11d calendar years, 190t and 19QJ-Conlinucd. Calendar i·car 1903. [ M nil I lloilo Cebu. Jolo. ! Zambo- Aparri. Cape Mel-! Puerto : B Total b\" • 8 a. I · anga. ville. Princess.. I ongao. monthi. },~;;; __ ::=;~=:~=;~~~=~~==~~~=!-;ill:~i:~ 1~~:ii( ·ft.~ a 1 1 - i:m fi- J:if B "iii g ;::::,;;=~=~==~;=~:I~~~ ~=~~:~:1-~~:m g Novcmbet ____ ---------- ______ 1 f>l2,21U l!6 26,119.46. ~,734 48 6,328 li 3,62813 ------ ___ 12 68 42 2.'i I S."J,"i 2."i 591,20.l 28 December_ __ -------------~~I 49,033.S'l 1~~ 5,386 98 ==----=~---2.:...~I:.:::.:....:::= 642,569 ;,2 !-ieconr1hau1903 _____________ ·a,a63,50'l.1sl 302,os.'i.311 360,o.">1.s11 a1,:no.19 26,273~i 1,s9'i~1-~~! 1,s10.9sl s.'">.2.'il 4,092,477.:'.7 Totul1903--------=--------i6,9~~~ 679,938.05! 798,493.09 65,887.47 1 46,415.781 5,8il.2S 92.661 l,510.9SI 05.2518,541,90'1.49 The foregoing tables make a complete comparatiYe showing of g-roSl'I customs receipts at all entry ports in the Philippine Islands during the two calendar years ending December 31, 1903. Comparatfre 8lalement ofi111por~ by cou11lri~for January, 1909 and 1904. {Value and duty expressed In United Sta.W; currency.] Co11iparoli11e 8latemenl of tJ;J101·ts by rountriesfor Ja11uary, 1909 and 1904. (Value and duty exprc1>.~ed in United Stall's currency.) 190<. Countries. 0 Abstract of 1•es8elil liU:iUJed in Philippine lHlands W December 31, 1903, showing ,,Tos~ and ntt tonnage. · • (VllS';eJs under J:. tons holding.specie.I license.~ underpro,·lsion~ofsection HI. Cu~toms Adm1ni9trative Act, not included.] -- ------c~=-, .. ---~r--r,:J:.:i~~~~~t~~~O'~.-;;;;;=·~--;~-;;;;;;;;~;I ·! r m 1 ~;1 Total tonnage---------------------------- ~1~1128,8i6.90 1 Not previously holding lll'!lt or second class license or certificate of protection. About 8,000 smnll cruft are licensed for local traffic under the provisions of section 141; aggregate tonnage, about 12,000 tons. l"p to December .>I, 1903, tw;enty special ronstwise licenses in all had been· issued to foreign vess~ls to engage in coastwise trade under Act No. 520 of the Philippine Commission, hut on January I, 1904, only 14 of these licenses were in foroe. They represent un aggregate tonnuge of only 2,112.41 tons, and it will be seen that the licensing of these vessels would not have any appreciable effect upon the eoastwise trade in general. All vessels except those on the last list hold cel'tifieates of pl'Otel'tion and have held first or second class licenses. Official numbers 111'0 now being assigned to all vessels of over 5 tons capacity, including vessels of ovel' 5 tons holding spe<'ial licenses under the provisions of section 141, Customs Administra· th'e Act. H, B. McCoy, .4-ct~ng ~ollector of Ottstoms fO'I' the PJ1ilip1Ji11e Island.\. Contents. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. JI MANILA, P. I., APRIL l:J, 1904. No. Li PUBLIC J.A,VS. f:\o, l!l!J:!.] _\\ .\CT 1-:XTEXDIX<: TllE TL\IE FOi: TllE l'.\DIE'.\T OF TIIE L.:\:\D TAX IX TllE l'HOVIXC'E OF XCEL\ EC'l,J.\ FOH TllE \'E.-\1: :\IXETEE:\ lll'XDHED AXD Jo'Ol"H L'XTIL ,Jl'LY TllJHTY-FIHHT OF SAID YEAH. fly a11fhority u{ the (,"niled .~tail's. bi: if <·1111cfcd by Ilic l'hilippiuc Uom.111iNsio11. 111111: St:«TIOX I. Tlw lll'riod for lh(' 1n1ynwnt. without p<'nnlly. of llw la]](\ tax fol' the• Yl'HI' 11irn•ll•<•11 humln•1I am\ four in lhc> l'rovim·c· of :\ut•\·a Ec·ija i0 ,; lwn·liy 1•xtl'1Hh•(l to .Jul,\· thirty-Jir,..L, ni1wtp1•11 hundrl'd :ind four. anylhi11µ: iu pn•dous Al-l" to tl1r (•ontrnry t1ot11·ith,;la111ling-. St:('. L TIH· puhli1· µ:ood n•quirin;..: tilt' "fll'l'tly 1•11ad11w11t. of this l1ill. llw pas;;aµ:t• of till' sam~· is ht•r1•hy 1•x1)Cditcd in acC'onlance with st•e·Lion two of "~\n At·l pn,,<1·1·ihinl! tin· onlC'I' of fll'Ot'C'tlun• h,\' thl' C'ommissinn in lhl' ('llHC'tnwnt of laws," passpci S1•ptC'1UhC'r l\n•nty-sixth, ni1wkC'll hundn'(\. :-it:c. ;). This .\('\. shall tnk1• e•ff1•1·t on its passal!t'. Emll'l<•d, :\Iar<'h :h!. WO.t. .\:\.HT .\l"l'llOIUZl:\t: Tl!E l'HO\'IXl'J.\L BO.\IW OF TllE l'IWV/Xl'E OF :\IJH.\:\11:-i TO :\1.\1\E ('l<:BT.\IX ('OllHEI" TIO\"S I\" TllE LISTS OF .\S:-IESS:\IEXT OF I..\:\]) FOl-t TllE l'l'Hl'OSJ•: 01" T.\X.:\TIO\" I:\ TllE :\ll'\"H'll'ALlTIEI-' OF :\111-'.\:\ll:-i .\\"D Oll()(WJE'L\ 1\" S.\lJ> PHO\' l:\('E. \\'ll\'rc'a" it has li(•e•n urnde• lo appe•ar lhal h.1· 11iislakt• llw lists uf asst•ss11wut of la111I for l-111· pm·pn,.;(• of taxation in tht• 11111ni1·i· pality of :\lisarnis. in th(• Pnl\'illl'I' of :\lisamis. a,.; maclC' h,1' tl1c lmnrcl ol' tax n•\·ision. Wt'l'I' ('l\\t•J't•d as µ:oltl raluC's, nllhoul!h lhP \'aluation,.; h;ul h1•1•11 mndl' i11 :\b·xi(«lll mom•y. ,.;o that. tlw \'altrnlioih an• prat'li('nlly twi('(' a" Jar/!'(' a,.; iut1•mlPel hy th1• lnH\I'(\ of tax n·1·ision. and it furtlwr appC'aring Lhat. lht'l"I' arc nn11wrous l'l'l'on1•011s a,.;,.;('ss11wnt,.; in \ht• munic·ipality of Ol'OIJ'li('ta ill said proviJH·t•: ThC'rt'forc•. lly uu/Jrnrily of lhl' I "nill'd S/11fr.~. lw ii ••1111r·/1·d liy llH' l'/iili11pim: ('11111111i.~.~·iw1. Iha I: SEl'l'IOX I. Thl' prm·inl'ial hoard of tlw l'rn1·iu1·1• nl' :\lisamis i" h1•rl'h,\' attlhori;wd lo c·orn•t·I all "t1e·h \"al11ntion" on the• a,.,s1•,,,.;11wnt Jj,.,j,.; of tlw munidpali\i('s of :\lisamis anti Oro1piiC'la anel 1o stall' tlw \':tluatimis i11 ltlOlll'.I' t)f the• l"nite•(\ :-itat1•s in Pa(·h '"'"l' wh.-n• ii is 111aelt• c·lpar that tlw \'alt1atio11 now ,.;ln\1>e\ n1mu 1 h1· a"'""·""llH'lll lists is slalc•cl U['Oll a h:hi,., of lrwal ('lllTt'llt·y in"'lt>:11I of mone•y of !ht• l'nilt'd Stal1•s. and also lo 1·01·1·C't'\ nu,v '1111! ;ill 1•rrtll\\'(111-: a-:se•ss1rn•n(-. in "aid rn11nil'i]mliti1's. Fe1r tl1(' pnrpo,.;p of thi-: .\d tlw n•clu<·1iou ,_1Ju11 in all 1';1-:(•,., ht• 111ad1• ll]Hllt a ha,.;[-: of two dollar" of lo(·al ('lll'l't'l\('_I' for <>IH' 1\ollar of mon1•y of llH' l"nitt•d Slatt'"· TIH• a,.;se•s,.;nwnt Ji,.,ts wlw11 so 1·01 n•t·lNl shall Iii' as lawfnl and 1·alid fo1· all JH1rpo,.;ps a,.; thoul!h lhP 1·01Te•(·tion lwn•iu prm·ith•(l hatl IJl'l'll 1m11h• h,v tlw boa!'(! of tax n•\·ision at thC' propC'l' tim('. SEc. '!.. Tht• puhfo· good n•qnirinµ: tlw "'Jll'C'dy t•na(•lnwul of tl1b hill. the pa,.;,.;;1g1• of ll\C' ,.:am1' i,.; h('l'l'hy e•x1wdih'd in a(·(·orda1H·1• with s1•1"tiou two of "An Ad. prl',.;(•rihing llw orc\C'r of pro(·(•cl11rc• h.1· llw ('ommission in the t'llill'lnwut of law.~." pass1•d Sl•ple•mht·r \\\'(•nty-sixth. nint'l.t•t•n hnn(\n•d. Sn'. :l. This • .\l'l ,.;hall takC' 1•ff1'('t ou ib ]'<1"saµ:t'. Ena<'lt•(I. :\Ian·h '22. Irl04. [Xo. IO!l4.J .\X .\CT .\l'l'IWl'Hl.\TIXU TllE Sl':\I OF :-ilXT\' Tl!Ol" ~.\'.\!) Pl•:sos. l'llJLll'l'l\"E ('l'HHE\"('\'. on so ).ll"('ll TllEllEOF A:-1 :\UY BE XE('ESSA!ff. nm ('0:\DIE:\C'E:\IEXT OF THE L\IPHOVE:\IE~T OF THE RIVER FHOXT OX .. -\\"D t'O\"STHl C'TIOX OF A HIYEH \L\LL .·\LOX<:. Tl-IE l'Al-iW HIVEH .. \l'TIIOBIZED BY .\C'T Xl':\rBEHED SIX lll':\DBED ,,\XD SIXTY-~l'.\'K .\~D PROVll>IX<: F<JI: TllE E:\11'1,0\":\IEXT OF TI-IE \"E('J•:S~·L\HY E:\Cil\"l<:l·~J:S. /ly 1111fltorily o{ fhr r:niled ,.'.,'(11/C'S, br it nwc/1·d by tlw l'liilippim' Co111mi.wio11, llwl: 8•:<.TIO'.\' I. Tlw ,.;um of ,;ixly lhon,.;and p1•sn,.;, Philippit1t' l'Hl' l'l'IH".1". or so mnl'h the·rl'of a-; nm,1· lw ll<'C(•ssary. i,.; ht•rl'hy <IJI· propriatc•(\, ont. of any furnls in thC' TrC'ohury of tlw l'hilippim• J,.;land.-: not. otlwrwist' appropriafr1I. for lht> pm·po,.;1• of l'Olll· 11H•1winj! ;tntl 1n·osC'('Utinl! llll' work of imp1·0,·inJ! thC' ril'N front on thC' ,,out.h si(\t• of thC' l'a,.;ig llin'r hy tlH' (p;11·inµ: (!own of a p~n·t. of tl11• c·it,v wnll of !\lanila and lht• l'l'l'(·lion of n ri1·1·r wall. and l't'l'lai111i111! llw laud ht>hirnl tlll' s1111w. a11lhol'iie•d h.1· .:\d SH'. i. l•'ol' the propt'I' inspC'dion and ,.,npt•n·isioll of tlw wnrk prol'itlC'd fo1· hy c\('l XumhC'l'l'd 1-'ix hum\n>d am! sixl,l'·Uilll'. tlw ('ity Engint'l.'I' of )fonila is lwn•h,\· authorizt•d to t•rnploy. h,I' am! with tlw ("01\SC'llt of tlw C'm1sulting Enj!im•C"r to Lh<' C'ornnii~~ion. th<' fo\lowinl! assistants. lo wit: One l'llg"illC'C'r in t·harµ:t'. at 11111• thousand C'i)!ht humln•1I tlollar,.; ]WI' anm1111; orw a:<sis\irnt t•n;..:i· !IC'<'!' and (•hil'f in,.;1wctor. nt nnC' thousall(\ two humln•(l ilollar" ()('!' amlllllli onC' a,.;sistant insJH'dnr, nl 01u• thonsarnl ilollnr~ pC'r annum. ;11Jtl onC' rodman. al nim· hmulr('{\ dollars Jl('l' annum. t\w snlarit•s anthoriiPd hC'rt•in lo lw paid from llH' funds ap· propriatC'd hy sl'dion 01w of thi,, .\l'I: l'rori111'd. Th,11 tlw 1•m· ployment of SHl'h assi,.;L.111\s "hull uot nrc·r,.,-:arily \)(' s11hj1•e·t to thl• rnlt•s arnl l'C';!lllations of 1111' C'il'il :-lt•n·i('(' :\!'I aml it,.; a1Jll'll(h1wnt,.;; .-Ind /'rodrkd furl/in·. Tlrnt if an.I' of ,.,\H'h a,.;sistnnls a1v ,.;pl('(•U.•1[ from 1111' ]lC'l'lllHllt'lll pt'l'"olln('I of till' 1\un-;111 of En;!illC'l'rilll! tlwy shall not lo ... t• tlwir -.t:Jt11,.; in tlw c·ln~"ifit•d 1·il'il s(•r\"i(•(' h,\· \"irtuC' of suc·h t1•111pol"lll',I" trnnsf1>r. ~tT. :l. Tlw wo1·k. appropriatio11 for whidi i~ madt• h.1· "'l'din11 •llll' of lhis .\('\. shnll 11~· 1·01Hllldl•tl 11n(\t•1· tl1t• n•µ:uln1ion~. limila· ~ii ~78 OFFICIAL GAZETTE ti'ms, anti n•.siri(•iion" whil·h an· 1m·snilll'd liy .\et ~11111\wn•d Six lmndn·d and ,.,ixty-niiw. 8tx. 4. The pl'Ovisions of tlH· Hr"t parng-n1ph of ,.,<•(-tion thn'<' of ~\ct Xumlwrr1I F.ighi huudrccl am! s<•vcn, prn\·icling the manner in whirl1 wilhd1·awals of 11101wys appropriatrtl in said Al't shall IJt' llHHll'. an• hc·1·rh~· llHH\c• ;1pplit"ahl1• lo till' withdrawal of moll<':''" ;111111·opria11>d h,\' this Ad. St:<'. :i. Tlw pnhlil' good r1•1111iring tlw "fll't~l.v rnadnu·ut of this l,j[[. th1• 1m,;,;aJ!C' of tlw sam1· is \wn•h,\' PXlll'difrd iu a1·1•orda11c·1• ,,·iih ,;1•elion two of "An A1·t p1·rs1·rihing- Uw onll'l' of proc·c·dun• lty the Commission in the• l'lla1·tnwnt of hiws." p;ts,;rd Rc•ptrmlwr lwl'nl,v-sixlh. ni1wll'l"ll hnncln•d. St:<". Ii. This ..\('t shall takP l•ff1•(•t 1111 its JH\i-sal!<'· Et1Mfr1I, )lal'C'h ii. l!J04. [~o. lO!J;;.] .\:\' .-\CT RO .-UmNDlXG .--\C'T ~F:\lBEHED EJ<;JJT Ill'~ or the pl'opl'l' IH':tl\ of an Executin• D<•Jml'tmrnt. aft1•r li;n-ingheC'n suhmittC'<I to th1• ('idl 81•1Til't' Board for rr<•ommrndation: I 11d prorid1'd f111'1hcr, That an,\· reduction in salar~· or dt><l1wtion of pay or nny su,.;pC'nsion without pn;v ns providC"d for in this ,.;('1•tion shall not affC'l'l tlw ri/,!ht of thl' pC'r,.;on thus l\j,.;,•ipli1wd to i1t·<·r11C"1! leave of nb,.;l'nl'I'. hnt in tlu· r\·C'nl of hi"' ,.;ns1wnsi1111 from dnt,Y no nccnwd ll'a,·1• of ahs<'llCI' ,.;hall liC' :illmn•ll for tlw tinw lw is thns susprndt•ll." Rt:c. i. Tlw pnhli<·- good n•1p1iring tl1l' spl'Nly t•Jlal·tm('ni of this hill. thl' passag1· of thr same i"' hC'rPhy 1•xpedikd in aeeurdam·1• with s('(·tion two of ".--\n .-\C'i prrsnihing th(' onll'r of proC'eclnn• hy the <'ommission in tlw C'll/H'llllC'Ut of laws." pas,.;l'<l Rl'ptl'mlwr t.w1•nt,\·-sixl h. ni1wt1•1'J1 hundn·d. Rt:c. a. This Ad. :<hall takl' pff(•('t OU its passn.g1>. E11ad1•1I. :\fan·h :!O. UJ04. I No. IO!li.J DRED ..\KD 8EV1';NTY·Fl\'E .-\8 TO PERMIT TJ-m l~REE .AX ACT RJU ... -\TJNG TO THE P.·\Y:\IE~T OF THE l'RE:\llL\I ENTRY OF ORDNA~CE .-\~]) OHDNANCE HTOJrnR 1:\1- CH.--\RGES CPOX THE BOXD~ OF BONDED IXSl"l •. \IL POHTED BY THE INRl"L.--\H <:OVEHi\).IKS'T. PRO\'INCl.-\L, .·\N'D .Ml"~IC'IP.\L OFFIClmH .\XD E:\1PLOYF.ES. lly (11tl11oril_11 of the United 8111/cs, be ii cnacfrd by llw /'l1ilippi11c Commission, that: St:l'Tm:-: \. H1>c·tion two of .--\1·t :\'n111hrr1•cl Eil!ht 1111m\n•cl am! ,.c·1·t•uly-tin'. f'lllilled ".-\n Art providing- for UH' enllt•1·lio11 of 1lutil•s on g-oods. wart•s, and mrrl'lmmlisf' i11qmrlrd into tlu· l,;]nml,.; for nsc of l.hr insular. p1·m·i1wial. m· 1111mil·ipnl go\'t'rllnwnts." is ll('rehy amrnded hy iulding- nl. Uw l'n<L ther{'of the fol· lowing words: ".-\ml fu.rllwr vroridcd. That this A1·t shall not nffrct l.hc frN' l'lllry of ordmrncl' and ordnance storl'S that hin·r hE-1'11 or shall Im pnrchns('cl h~· th(' GO\'C'rnmrnt." Ri,:c·. 2. This A<•l shall he retroa<·ti\"I' so far us to apply to 1111 1•xisting 1·011tnu·ls for thf' pnn·has(' of ordm1m·1• and onlnanl'I' ..;\orl's nm! to all onhwn1•1• and onlnall<'<' sl.on•s whfrh IH\\'P not hl't'll paid for hy thl' Philippii]('s ('011sli1b11lary. S1-:t•. :1. Tlw pnhlie good rC'quirinµ- lhC' sp('('dy 1•11ncl111C'nt of this hill. t.lw pasSH/,!I' of thl' siim1• is h1·1·('hy l'XpPditt>d in a('(·onla1we with sl'dion two of "An A<·l prPsnihinp: t.hC' onll'r of pro<·Cllllr(' h,\" tlw ('ommission in tht• l'llndnwnt. of laws." pas,.l'd Rl'plPmhl'J' I \l"t•uty-sixl h. ninf'l('(•n humlred. Ri.:r. 4. This .:\(•t shall tak(• l'ffl'l't on its pa,.;sag1•, Emw\l'tl. l\[an•h 2fl. 1!)04. [No. IOfl<i.l .·\:\' .-\CT .:\:\IENDING ACT NUMBJ-:Hlm T\\"EKTY-J~JVJ~. E~­ Tl'l'Llm "AN .-\CT PROVIDJK<: FOH TIIF. APPOJXT )!ENT AND REMOVAL OF RliHORDJ:-1.-\TE OFFK'ERR AND EMPLOYEE8 IN CERT.\l':-1 DEP.--\HT:\IE':-IT8 .\XD JH'RE.-\1'R lW THE BOVEHX)mNT OF THE l'llILil'PIXE IHLA~D8." A8 AMENDED. U.11 11111Jwril_11 of llu· U11i/c(/ 8/<llcs. k ii rm1f'lcd U!J llr<" J>liiliJ1pi11r Co111111i8Rio11, tha./: REt'TION 1. In lieu of section two of Ad- ).l'umhPrl'd 'l\n•nt\· lh·f' whif'h was rcpcnlrd b~· Act Xumhl'red l"frP hnndrrd a1~cl (•ighty-l'ight. the following is substituted: ''St:c. 2. For neglcC't of duty or Yiolation of r1•asonnhlt> ollicl' n•g-nlntions. or in thr intrrrsts of thr pnhli" s('J'l'iet'. !wails of Bnn•nns or 011irl's ill"!' hnchy authnri7,('d to rt'lhH·c tlw snlnry or 1·om1wnsntion of any snhnnlinrttl' offiel'r or Pmplo,\'l'<'. to tlPdm·t from his pn~· n :<um not C'XCC'r<linp: 0111' month':< pay. or to '<nspt•ml him wit.hon!. pay for n periorl 110! l'x1·1•1•1ling two months: J'r11rirkd, howerr.-, Thnt such drd1wt.ion from pn,v or such s11sp1•11s;o11 without Jrn~· :<hall l"l'l'l'h'C' th(' t1ppro1·nl of llw C'iYil <:m·l•rnor ll,11 autlwril!J of tlw t:11ilnf ~/<I/rs, lw ii c1wct1·d. by llw J'hili/JJlillt' ('ommissio11, Iha I: S~:c'floN I. \\"l]('J]('Ver the lnsnlar (iol"l'l'lllllt'llt shall l'ntN into ~1 contract with a fidelity company or compnnirs for furnishing fitlC"!it~· bonds for ollil'l'rs and l'mployt•l's of thl' insnlnr, pro,·i1wial, municipal, and city govl'rnme11ts. who arf' rl'qnirC'd hy law lo gin• bond, at a specific rnte for a spl'cifil'd tinw. the Jn:mlar Trca,;urer shall pay to such fidelit)' compuny or companies. or to tlwil" lawful rcpresC'ntatives, tlw gross amount of tlw premium ehargcd on nil fidelity bonds executed by them on h<•hulf of such governments under such contract, and shall collC'ct from C'ach officer 01· rmploy1•1' i<o hondrd that portion of thC' prPmium clmrgl's on his bond as slmll hi' detl'rmi1wd by the Commission, and hC' shall colh•ct from th(' Jll'O\'incial, municipal, or cit~· go\"1•mm<•nt 1111111'1' which thl' of· lic1•r is serving the bnlancl' of ti](' premium which shall h11n• be('n paid to tlw fidl'lity C'ompany or companiE>s hy the Insular Uo1·1•rnml'nt. All collrctions on this ncconut shnll hi' dPposit<•d by the Insular Treasurer to tlw credit of th<• appropriation from which tlu· ol'iginnl payment wns mnde. HEC. 2. All official bonds obtaim•d undt•r the pro\'isions of a c·ontract between the Insular Gov!'rnml'llt nnd a fidelity compun.r or companies shall be nmdl' payi1bll' to tlw C:onrnment of the Philippilw Islands for the b1·1ll'fit, of whom it mny conC('l'll. and shall \J(' procured through and liled in the office of the IJ1,.;11h1r Trl'ils· 111"1'1', C'Xcept the bond of tlw lnsulal' Treasurer, which shall l)(' filrd in the office of the Insular Auditor. R~:c. 3. Applications for pl'ovincial 11nd municipnl bonds shnll hr forwarded through the pro,·incial treasmers_. who shall pny to the Insular Trcnsm·f'r tlrn p1·C'mium thC'rron chnrgrnblP to the proviner or municipality, and thC' nmounts so paid shall \)(' a propC'r 1•hnrge against thP l'e\'l'nncs of the rl'S('l'cti\·e provineC' or nnmicipnlit~·- .--\municipal offieinl, serving a,.; such only. l"C'!Jllil'l'tl to giw bond, may secul'e thC' s."lll\C' from thr (jovernmC"nt's official suretv compnny through the Jnsular Treasur('!". nm! in :;o.uch cas('s th·,, provisions of section eight. of Act Xumhl'rrd Onl' hundred nnd l'ighty-three, providing for approval. nnd of sC"ction SP\'Pntl:'rn of Act NumbC'red Eightr·two_. providing fol' apprm·:1I and filinp: of tlw bonds, slmll not h<' applicnbl('. "'hen nn officinl is acting in lhl' chm\ c11p1u·ity of 1l1•1mty pro· vincial trl'ilsurer and municipal trenslll'<'I' hi' shall hl• rC"quirl'd to sC'cm·c bond in such dun! C'llp!l('it~· from tlw no,·prnnwnt's official surPt,v compan~· through tlw ln,.;nlnr Trt•nsun•r. nnd in suelL casrs llw Jll'O\"isions of st>dion SP\'t•nt1•1•n of .-\ct Xumhl'l"t'(\ Eighty-two ,,Judi not IH' upplil':thlf': tlw )'l'O\'itwial honl'd shull fix the amount OFFICIAL GAZETTE 279 of .-.uch hond upon recommendation of tlw provincial treasul'er, awl tl11· latt('!' shall dc>t1•rminl' the portion of premium clmrgeablt> to tlw provim•1• and to tlw municipality: l'roritfod, That not mon• tl1;111 lifty pc-r centum or l1•ss than fol'l."' p1·r ePntmn of thr amount shall lH' chal'gcablP to the- municipalitr. HEc. ~- An official or cmplo)'l'l' who shall furnish snrl'ly as pl'o,·id1•1l in this Act shall n·imhurse the Insular Uon•rnment that portion of the amount of premium paid hy the Insular Govnnnwnt a,; d('lc•rminrd hy tlw Commission, within fifkl'n davs aftrr lhP ret•<'ipt by him of a statenwnt from tlw lnsufar Trl'nsun·r of th<" amouut 1hw; and the ln;;ular Treusurl'I" shnll forward a sb1trnwnt of inell'hteclnC'ss. in nil.'' cn,;1• when• paynwnt is d1•\11yrd. to thC' prop1•r ollil•1•r maki11g paynll'nl of Salary. who is lwl'l'hy anthorizrd and elirrctl'd to !'<'lain from Uw imlnrr of saiel oflic!ial or <'mploye<' tlw amount of ind1•bt1•d111•,;s ;tnd to pny ,;aid amount to the Insular 'l'rcasurrr. HEC. !i. \Vhrn a bonded po,;ilion is cn·akel and nppoinlment mude tlwn•to, or a bond r1•11uin·d iu a po,;ition ht•n•toforc 1•xisting, or ;1ppointmrnt madr of a successor to a hond1·d ollicial or E'mployre 1\i,;chnrg1•d or otill'l'Wisc l'l'ii1•\'C'd, the clii<>f of the B111·1•11u or Oflicl' lo whiC'h tlw position pNtnins shall at onel' forward lo tlw_Trrnsm·1·r of thl' Philippilw Islands a stat1•11wnt setting forth tlw dl'signat ion of Un> position; llll' amount of ho111l rl'<Jlli1·1•d of tlw i11l'Hlllhl'11t as fixf'tl hy co1111Jl'tt>nt authority, or, if not prE'viously so lixl'd, lhl' amount of boud rrcommendrd. sl11ting the financial or ltESOl..UTIO:S OF THf<; PHII..IPPl:NE COilllUISSIO:S. [ExtraC't from minutes of pro1·«edings. April~. ~\H).I.] Ncsulr«d, Tl1<1t in vi1•\\" of thc• ael1lition;li labor i111po.~(·1l upon the Local Pun·hasing "\g1•nt liy the elutie . ..; i11n,ln•1l in th1• o\·1·r· ..;ight of tlw importutions of enrabaos I.iv thf' Insular (;o\"t•n1· ment. tlw Ci,·il (;on•rnor \)('. and i,; hereby. ;wthoriz1•1l to mak1• an allowancr to the l.oeal l'urc-husing A;!l'~t. at thl' rntt• of two hundn•d and fifty dollars 111'1' a111111111. from th1• sum of tin~ 111111· 1lrl'd thousand dollar,.; nppropriatr1l hy • .\ct XumhrrNI 'l't•n hu111lrrd and forty-six out of thr ('onl!re . ..;sional rrlirf fund ancl 11w1l(' <lndlnhle for 1•xpl'ndit111·1· l1y thl' ('i\"il (~o\·rrno1· upon anthorizn· tiou of tlu• ('ommission. said allowaue<• lo tlah· from ,/a111mr) li,rst. 11inrte1•11 hundrl'd aml four. a11<\ to t·onlimw a,.. Inn/! a ... tllf' importation of c·arnlmo,.; by tlu· Insular non·rnmf'nt slwll <•outimw nnd1•r the prc•s1•ut t•onlract. EXEUU'l'IYE OHDER. THf<: <WVBH.NMENT 01<' THE PHILIPPINE l8LANDS, EXECUTIVE BUREAU. MANILA. A/arch .-w, 1904. prnprrty rPsponsibility pertaining to the position and the mnx- Major C. McD. Townsend, United 8b1tes Army, chief engineer imum amount of funds and valm• of prnpNly lik1•\y to hi' in tlw oflie1•l'.l'hilippinrDil·ision; i\lr.Uf'smondFitzgt•rahl; an,J'.\lr..J.W. hamls of llw incumbent nt any timt•; thr sala1·y attached B<'ardsl1·,r. Consulting Engim·1·r to tlw ('0111111ission. nn• h1•rl'h\' llwn•lo; thr namr of the appointee and th1· 1l11tl' of his a,;smning appointed n committee to examine the bulkhead or retaining wail ;u·1·01111lahility for funds or propert.'·; tlw dntP of reliPf from behind which are being pumped the excavations from the bottom furthl'I' i1C·1·ou11tahilit.'· of tlw predeC'<•sso1· in till' position, if any; of the port works and determine the extent to which it has' given arnl s1J('h fmtlwr information in the prf'misrr< as nm.'' he requirrd way, the causes therefor, and what additional reenforcement is hy tlw Insular Treasurer. l 'pon n•el'ipt of the rrpoit abO\'C' re- required lo muke the same sufficient to withstand the pressure quir('(l. the Trcnsm·1•r shall promptly ;uh·ise• lhc sur .. ty compnn.'· which mny be brought against it and to make it substantial and of hond dcsin·d and dale of termination of linhility on bond of penmmcnt, together with the probable cost of such addition. ollil'ial rrli1'\"l'tl, if 1111~., arnl shall ad\'is<> tlH' t•hit•f of tlu· Bm·t'<lll 01· The committee will nlso examine and make report as to thr Ollie(• in inll•n•st of action tak<'n. and through such chi1•f shall character and kind of wharf best adapted to the situation and furnish Ow appoint!•(• with the rC'quin•d blank form of application needs of the port of Manila, and give an estimate of the probfor lidrlit.'' bond, to lw completed by him nml promptly rC'turnC'cl . able cost of same. ln tlw Trt•asurer for submission to the snn•ty compim,\', l'.n\ess. The.'· will make report to thP Civil Governor of their conclusion:;l anel until notilil'd lo tlH' <·onlrnry. till' obligation of th<' sun·ly a,; origi1111lly reqm•sh•d :;lhall bC' in hill forcl' and pffrct from tlw 1lat1~ r<•q1wstrd. as soon ns practi<'nble. LUKE E. WRiaH'r, Civil Governor. H~x .. Ii. \\'heu1•\'I'\' a horn\t•1I ollieinl or 1•mployr1• is (lisclmrgC'CI or - ---- ---- - ------- - - - ntlu-n\'ise• rrlievt>d and it sue1•pssor not inmwdiat1•ly appoint1•d, the 1·hi<•f of th<> Bureau 01· Onie<' in which the change lms ocrmTC'CI shall at Oll<'I' advise tlw Tn•a>nlrPr of tlw Philippi1w blnnds of s11l'l1 elmng<'. g-i,·ing at the same timr. or as soon tlwrl'11ft1•r :is pnssih!t·. th1· l'Xnd dntr whl'n till' olliciid or 1•111ployce in <11w,;tion wns n•li<•n•d from furlhN nccountubilit.'· in tlw position: l'rrn:i1lr(l, Thnt lh1· s1•crd1ll'y of the munieipal bonrd. in ,;o for ns tlw city is en111•1•nw(\, aml the Jll'O\'inci:il trrnsm·c·r. iu i-o fa1· as tlw pro\'i11c1•s :nul m1111ic•ipaliti1•s an• rouc1•rn(•<l. sh;tl\ 1wrform tlw 1h1ti1•s prt•· snihl'<I for tlw t•hi1•f of thr Bun•au OI" Ollfrc• in this A<'t. SJ.:l'. 7. All Acts aud parts of At•ls in eoulliC't with an,\· of thr prorisions of this Act nn• h1•n•h.'· n'JH'nl<•tl. Si-:c. 8. 'l'lw public good n·qniring tlw sp<•1•1ly 1•naclnwnt of this hill. tlw passage of Uw ,;1111w is hl'n·by <•xpr,litl'll iu accordancl' ,,·ith s('t•tion two of "An Act pn•sC'rihinl! llw on}p1· nf procl'llurc hy the• Commission iu tlw t•nactuwnt of laws." pus,;rd Ht'pl1•mhl'r t\\'1•111y-sixth, ni111'l1•1•n hundred. Ht:e. !I. This .-\(•l shall t11k1· l'fl't>ct upon its pass1\gr nm\ ,;lrnll pt•rlnin to nil olli<•inl bonds pro1•ur1·d und1•r tlw provisions of a ('ontn11·t hC't\\·1•1•11 lilt' Insular 1:m«•r1111w11t aml th<' Htl1•\ity ('0111· pnnies for 1 lw C"ah•111lnr y1·in uinde•1•n hmu\J·1·1l au1I fonr anti thc•rt•· after. Em1l'll'1l. l\lard1 :IO. Hl04. DECISIONS OF THE SlTPRE~m COUU1'. (No. 169S. fo'cbru11ry ''· 1904.] f'U.·l.Yf'HO:OO <IAIU'l.I. 7Jrlilio1wr. r.~. ,/011-V ('. N11'/:/;'.\"/;T. j11rlyc of lhr <Jortrl of f'in1/ /11.q/11111·1' of .llanil<t. ITRpu111k111. P(•r .Jou:-:sox nm\ :\kDo;-;on111 .. /./ .. (\i,;,;<•nliul!: I. Pl,F.AIJINU ANll PRACTICE; ~fANnA~IUS; Ol!l>EU TO ~H(Jll" CAl"St:.-The prnctil'I' adopted hr the S111>remC"Court of u.llowlng tlw c·lprk, UJ>OTI the 1>rt•senlnlii•n nf u petition for n. writ of mandRmUs, to is.,ue 1111 ordl•r to show 1•111\Sl' without presenting the petition to the court or •>11•· of tlw mcmlwrs then•nf. i., 2. Jn.; w.: m.-:\IimdRmus is not 11 writ of right, nm! bcfon• till' i,.;.,ue of ttn or<lt'r to show rttllsc, imposing upon the rcspondt'nt the burden of uppc11ri11i: to t'ontcst the nppliC'Rlion, the petition shouil\ he l'Xl\Dlinl'd hr thc• court ur one of it.~ members for the purposcofdl•terminlng the ~utlidt•n,·r.11rirw1 _f,1,...,. of the fact' allC'ged n..' the ground for ltsking for such r1•lid. OIU<:IXAL PETITIOX for n writ of man•lnmns. '1'111' facts arl' statrd ill the• •liss1•ntiul! opinion. ('!!!('()TL ~llHA~IM & H1~:1lltA. for pt•lition1•1·. :\[r .. Jon~ ('. H\\'EEXEY. rt•spo111l1•nt. Tlw Huprt'ml' Court. ha\"illl! lwretofort• adoph·<l thr pmdic1• of allowing- its f'h•rk to iss1w nn ordt•r to show C':lUse in p\·ery np280 OFFICIAL GAZETTE plic·ation fol' mandamus, without first presenting the same to th(' adequafo remedy. or whether the petition upon its fa<"f' presl•nts l'OUl't 01· to ,,ome memhl'I" t!U'rf'of. and JusticPS McDonough and a primn (acit' c·ai-oc justifying the npplirnnt in annoying thl' ./01111 .... 011. lwing informt'<l of -;u("h prn<"tirt> in tlw nbo\'l'·c•ntitlrd l'<'spondl'nt to th<' l'Xtf'nt of 1·oming into 1·ourt am! ,.;howing why 1·au ... c•, opJHJ,,l'cl '>aid pni<"tirr in tlw following opinion: h<' should not he suhjrcted to the prN·isions of thi..; <'Xtrnordinary .Jo11.'\"so.-.: and :\kDoxol'Ull, ,/./., cli,;senting: Thi., was a petition asking "that the :-:npreme Court issue IL 11Tit of maudamus. in s11d1 form as may h<• deemed C':qw1lknt, di1·1·1·lNl to th<' lion .. John C. 8wrrney, judge of the Court of Fir . .;t I u-.lnneP of )hrnila, co111111anding that, after the bond heretofo1·c> ofl"l•n•ll shall h1n·1• hc>Nl tilc>d, hr, a,., jmlgr of Part 111 of i-initl court. shall rt•mil to this court tlw cans(• rPfc1Tetl to on nppral, in order llml tll(' (•om·t ma.\· pns.; upon pPtitioner's right to app<'al, the bond n·cplin•ll hy law having brrn dul,\· lill'd, and tlwt tlii,., 1·011rt nrn.v 1·1·wh·r final j\lllgmC'nl in tlH' maltl•r of tiw 11ppointnwnt of n tutoJ" fur Don FJ"anchwo )larline;.-;." .\land11m11s ha,., alwa.v.; h1•1•11 rc>ganled a,.:; an extraordinary lrgal n•m1•lly granted hy (•0111·\s of app<'ll11t1• jurbdietion dirC'1·lrcl to .;01111• corporation. 0Hic1•r. or inf1•rior court, requiring: the perform~11\t"(' of a pal"ticuli1r duty thcr1•i11 specified, which duty n•sults from llw ofliei11l station of till' party to whom th<' writ is dirPd1•1l ,or from opPratiou of somt• law. ll has nc\•er 1)('1'11 tlw practic<' of any t·om·t under an.\· so\"C'l"<'ignl~· lo grant this 1•xlrnonlinn1y writ of 1mmdarn11s if ··therC' is another plnin. spPt•dy, and ndrqualt• n•uwd,v in th<' ordina1y courts of law." I l is now tlw prnclic1• in this court, when an application is nuulC' for tl1t• writ of mandamus, for thl' clerk of tiw <'Olll'l to issue an ortll'l" to show (·1111sC', din•t•tt•d to thC" respondent. without suh· 1t1iltin;.:- thr application tl1Ncfor to tlw eonrt in th<' first insblllCI'. [11 otiwr mlnl.;, 1m applicant nm.v lilt• his petition asking for tiw writ of HHHHiamus with the cll'l·k of the court, und the cl<'rk then•· upon m~•Y is.;1w an oniN· to show 1·1111s1• \\·h~· tilt' writ of 1111111tl1111111-< should not issUC', dirPl't till' Stlllll' to th!' n•spondent. 11nd 1·ompl'l liim lo inc·n1· all of thP 1rnnoy11111'<' anti loss of ti1111• in prl'paring 11 cl('J11\llT1•r or an ans\n•1· why tht• writ of 111and1111111s . .;honhl not ht• i . .;,.,1wtl. without lm,·ing the applieation tlwn•for pa-;st•d upon hy tlU' t•ourt or hy so1111• uwmlll'r thereof. This prnctic<', in our judgmenl, is \\'J'ong. Thi' writ ·of nurntlumus i.-; not u writ of righl. In 0111· judguu•nl it is not intt>ndC'I! hy statutes in force in tlws<' [slands to 111ak1• it a writ of l'ight. It is an <'Xtrnordinary remrtly, 1111d ,.,houhl h<' grnnl<'tl on!~, in Pxtraordinal'y cas('s, nnd tlwn only when tlw parli<'s ur<' \\'ithont otlwr plain, ,.,p('('dy, am\ udC'IJlllltl' n•m<'1ly in th1• ordinaJ"y <'onrts of law. A writ of right is a writ to which tlU' parti1•s an• 1•ntitlrtl upon Hlin;.:- a p<'tition. whi('\1 tlwn issncs a.; a nrnltl'l' of t•o111·s1• npou thC" nwn• application (onil or written) 11u•n·for. An ordinnr~· summon~ is 11 writ of righl. ln othl'r wurcls, by filing th(' lll'lition iu an onlinuQ' l'ivil action in the l 'ourts of First lnstnnCt' of llws(' Js\nnds, thl' party filing the snml' j,_ t•ntitll'tl to u summons dir('cting tiu~ otlwr purty to appPnr nnd tl1•111U1" m· answ(•r \\·ithin a (\(•finite• pNiod. _-\ny ))('J'son filing the ordi1rnry pl'tition is l'ntitl1•1I lo this writ us of right. But tht• 1•xtrnordi11nry 11Til of mandamus is a vrry (lilferent proc•(>(lnrf'. It i.; l'Xlrnonlinnry in its 1rntnn•, anti 11n\1•ss thC' law spC'1•ili('nlly prol'idt'."i lhnt lht• ('ll•rk may issllt' n notil't' to show l'ill\S(' why it should not j,.,.;111•. tin• t·lNk ought nol to ht• n':.:t1•tl \\·ith snrh aulhorit,v. '.\othiug in th1• ('od<'of.Pro('('t\ur<' inl'i1·iJ Attions in tl1(' . .;1• lslaud.; jn ... ti!i(•.; .... 111'11 a procC'dlll·<'. 'l'his l'PlllPdy. being nn <'Xtrnordinnry rl'llll'!l)'. I ht• ln11·. during thl' t•niin· hbtory of thP s1Ull<', has n•1111irPd thnt ('Xlnwrdimny fiwls sho11hl bl' shown lwfo1'l' thl' llll\('hi1ll'r~· of tlw (•01tl"t shall hi' put into O]JPrntion in onl1•r to t•omply with tlw n•qnt•,.,ts t·onlnill('l\ in th(• applieution llwrc>for. A11wng oth<'r tl1i11J!.; 1111• uppli1·nnt m11st spt•l'ili('ally sho11· thut uul1•s-< hi' i.; gnrntt•tl this 1•xtl'aordina1")' l'<'lllC'd.'' of mnmlamus lw is 1\·itho11t n·uw1ly, awl \ht• stntull•s in fort•(• ht•rC' now prm·it\1• spC'1•ifit•n\ly 1hnt t111• writ shnll onl,r issuP wlwn th1•r1• j.; "no otlll'r plnin. ~p1•t'1I~·, all!\ adt•qunll• rt•m1•d.'··" Tlw t•h•rk lms nn authority to l''l:H111inC' a 111'1itio11 or nppli<"ntion tlwrC'for a111l 1o tlf'tC'1·min(• wlwlht•J' ur not n pnrt,\· is without oth<'I" plniu, 'fll'P1ly. n111I writ. :\'ot only ha .... the clrrk no authority by virtue of th<' statuks in force hf'r<' to iss1w this order to show t·1rns1• hut. mol't'O\'C'r. tilt' Cou!'ts of l;irst lnstant•t• of thC' Arehipelngo han• tlwir own numerous dutiPs to perform, and should not he annoyt•d hy th1• 1w· r•('ssity of {'Oming into this <'011rt nm! showing why n writ of mandumus should nol hC' issm•tl. wh<'n p('rhnps thC' appli<·atinn tlll'rt'for shows no ground whatp1·er justifying this t'Ollrl fiunlly lo j,;,.11(' the writ. In thl' nppliC'ution 'in tht• aho\'C' said 1·1111-.1• for tlw writ of 11111ml1111111s thl'rc is not a singlP alll'J.!Ution showing to this courl that the said appliennt is without olhN .. plain. spt>C"dy, and adequate l'<'llll'dy." This is a Jll'l'l'l'IJUisilC' allt·gntiou in the applic·ation for muntliunus. This t·om·t shouhl not ht• Mil('(! upon to exami1ll' the law and the pro('l'(l1trf' for tht• purpose of nsc•C'rtu.ining wlll'thCI" or not tlw pnrty ha . .; ollwr plain. spC'edy, mu! ndf'quatl' l'l'lll('(ly. Tlwse faels mn ... t b(' t·lParly ,.,l't out and supported by a!Tidavits. Tlw 11Tit is lJ('\"C'l' :twnrdl'(\ whl're the pnrly has 11 plain. sp<'rt!y, anti ad<'quatt' 1·C'mNl,r hy an ordinnl',V at'lion at Jim·. It may ht• that the• 1wrso11 ha.:; 1wgkcll'd his l'l'lll('(l,\· und lms pbH·l'(l himsl'lf iu a po . .;ilion whl'l"<' thl' us<' of the usual und onlinar:,.· 1vmedy is no long('I' :1rnilahl1'. This fact may bC' disdosed by llw pPtition or applic·ation. This fiwt is sllfli('ient to defeat his right to this Pxtrnonlinary rrnwd~·. It is thP duty of tl11' c·onrt. and not the df'l'k, to cxamim• tlw applicntion fol' tlw 1mrposC' of usc1•rtuini11g whetlwr or not thf' pal'ty is Pntitl('(I. prima fiH•i(', to this PxtrnonlinaJ"y n•nwdy. Th(' applicant mu;;t show thut h<' is posst'ssl'd of 11 l<'gnl right tn haw >.Olli<' lt•gill duty perfornwd by the rC'spomlpnt, alHI that hC' hus no other i<'gnl. spPeifie l't'lllf'dy ('XC'<'pl hy m1rndam11s. Tlw 11pplicnnl is not entitll'd, as a nrnlt('r of right, to the remrd~· hy mandamus or ('\"Cll to an ordC'r to the r<'spondt•nts to sho\1· 1•an.;1• why th(' sanw should not iss111'. 'flw granting or withhnlding of tht' writ of mandamus is 11hrn~·s a disl'rC'tionar~· right nn tlu• part of tht> eotll't. Mnntl11mus lil's on]~· to {'0111Jl<'I th<> p<'rfo1·111· aneC' of dutit';; purt>ly ministl'rial in tlwir 1111.tnr<'. Ro for ils th<' p<'tition di,.:;doses, the npplil'nnt in this <'llUSC' is not without othl'r plnin, spC'C'I)~·. and adl'qnntf' r('lll<'dy. Th<' J)(>lilion t"Ontain,; no allegations wh11tl'\'el' upon that q1wstion. \\'1• 111:1• opposC'(\ lo thr prnt·tiet• inangurntNI h,\' this t·ourt in allowing tlw l'il•rk to issu<' nu on!C'r to show l'i\\lsl' in nn nppliC'ation for m:111thunu,., without first prrsrntinJ.! thl' applil'ntion tlwrl'for to this t'Ollrt or to sonw judg<' tlwrl'Of. Il is a lomw and dnng<'rous prnC'ti1·C'. whieh submits rl'spondrnts to much um1C'1•('ssnry anno~·a111·l' al\ll tlw <'Xpl'nditm'<' of 1111H·h time> nnd lahor. WC' nr<' infornwd that llw t'Olll"l adoptC'cl th(' ntlt' of allowin:zn summons to issti<' a-< in onlinary l'h·il iwlions, upon :Ill i1ppli· ('ation for mandamus, upon thnt part of s('(•tion 222 of the> Cod(• of Prnt•C'lhtr(' in ('i\·i\ . .\<·tions whh·h rl'ncls ns follows: "111111 tlw t·om·t, on trial. finds tlw-nll<';.:-ntion-< of tlw c'Olll)llnint to llP il"lll'." Tlw ('OUl't hC'ld thnt lhl! phras1• "on trial" lll<'nnt lh:d llwr<' shoultl lw n trinl in tlw Rnprt'mr C'ou!'t. anti that lhl'J'rfort> tlw applic·ation for uuuulnmns was tlw eomnwllC'C'lllC"llt of an onlinar,1· l'ivil iwtion and should t;ik1• tlw eo111"sl' of or1linnry 1·i\"il tu·tion-:. Tlw C'OUrt, hO\l'('\'C'r, in t'C'rtiornri nml prohihition 1n·n<'t'f'1lin.(!".; has ndoptt•d tlw ('l'!lt'ti('<' of issuing nn onlrr to ,.,Jiow (':lll-<('. 1hl'l't' by trC"nting C'rrtiorari prot•t•Nling.; ns t'Xlrnordi11111y ln·oe(•t••lingsnot allowing: the• writ to iss1w nntil aftl'I" tlu• ('0\11't hat! 1•"1:;\llli11f'd tlw snlli<·i1>ney of th<' nppli<·ation. l"pon 1111 1•xami1111tio11 of st•1·tion 211 nf tlw (\ult• of Pro(·t•clm·(• in l'il·il Al'tinns, wt' liml t•xadly tlw samt• lanJ.!llllJ!<' with l'rfrrt•JH'(' to tlw i-<sll!lllt'(' of Jll"O(·t'ss that j,_ foul\(\ in .;uhs(•t·tion 222. 'l'hl' lanµ:unµ:<' is as follm\'s: ''am\ tht• t·onrt, nn trinl. l111<b llw allt'g11tio11.; of th1• 1•omplaint to lw tnw.'' ll will hl• st'C'll, tlll'rt•fon., tha1 tl11• lt•j.!islalln·l' 11-:1'1] tlw -<:llll(' OFFICIAL GAZETTE 281 languagP in rach of thc!iC statutes. ~ot only thnt but in section ~:W, n·lating to tlm n·m<'dy of prohibition. wr find tlw s;\mc l11ngu11g1•, wlii<·h i,.; as follow,;: ·'and the <'Olll't, on trinl, shall find that tlll' al11•w1tions of llH' l·omplaint an• bur." \\'hy tlw 1·0111t ,.;honld lmn• adopt1•d a cliffercnt pnwtiN• uncil'I' tlw aho,·1•-quot.Rd pr~vi:<iou:-:. of thcst• •;11·ious section,.. is morr th:rn 11·c· 1·1111 undrrstaml. \\°h,1· thP)' should ha1·1• tn•ated mandnmns a,.; a11 ordinary l'<'lll('(ly. whi«h has 1wvl'l· h<'<'ll so 1·rgnrdrd hy an,1· 1•cmrt. and tn•al l'l'l"iiorari ancl pl'ohihition as 1•xtrnonlinary 1·1·11wiliC's. whi1·h han• sC'ldom IJC'<'ll so l't>ga1'ded. when the languag<' of the· slat11tf'.S is 1111' saHH'. dol',.; s('('IU to u,; at lr:1st 110\'Pl. [No. 109'l. Felirnary 18, 190(. /,f"/N <)C:HN//JO, 11/uinli{{ (Ill({ <llJ/JCllcc, o;. JU.l/OS Jo'J,OURXno H'I' .!/,., d1•f1·11(/<111/s 1111d <11i1wllm1ts. 1'1.EAv!Ni; ANI> l'fuCTJCE: S1•r.c1A1. P11ocu:n1Nm1; A1.r.0WANCE OF W11.1.s; Al'l'EAl.!oi.-Whcn an llppclll is taken from ttn order nllowlng ll will it iA the duty of the clerk of the trial court to transmit to the clerk or the Supreme Court ll certified copy .of all the evidence taken at the trial nnd of the dcci8ion of the court, together with the original wlll, in ce.sc llll}' quC!!Uon of the hlLntlwriting is involved In the eontro\·er.iy. .\Pl'E.-\L from a jmlgnw·nl of lll(' ('our1. of Fir:<1. ln..itanN' of lloms ~ur. Tlw f;H·ts lll'(' sbt1.<'d in Liu• opinion of the court. FUANTIHCO OltTIUAS, fol' appellant:<. C:1mm111m Pl:"(~:DA, for appPllN'. .\lml.LAXO, l! .. /.: It i,. v1•r,v• ('\'idt>nt that thi,. 1·U:<c> iH a :<J)('eial pl'OC'C'C'ding upon tlw allowam•l' of the will of the> lntc Doiia T..<•01111 01·hoa 1tt tht• in,.ta111·1· of Don Lnis Quc>rido. Th<> de1·isio11 wns thnt tlw will j>l"C'"('ll\('cl on .-\ngu"l :W. 1!101 (Exhibit.-\), is t11<> lnHl will of thl' "aid Doiia l..<>onu Od1011. und "thnt all thr wills 1•xet•ufrd b~· Dofrn LC'ona Ochoa ;U'C' l'NH·indl'd by \'irtue of thl' will nmrk<>d ·Exhibit A.'" Hamon Flon·ndo um! Prudencio E:<piritu. who appl'aJ"('(! in this spN•ial pro(·<'Pding to oppose tlw nllownncl' of tlw will. ;is ''<>XC't·ntors umil'l' houd of tlw will of Doiiu Leona O('hoa d<' la Cruz y Domingn. olht•udy allowed prior lo this al\owa1U'I'." l'Xt'l'pt<>d to thl' :<aid dl'ei,.ion and prl'sl'nll'll n bill nf 1•x(·1·ptions whi<·h WM• printl'd for tlw purpose of thl' trial of tl11• '"a"I' in this <>om·t. TIH' hill only <"Ontuin" tlw will. its translation. and thC' tPHtimony of DoroWo Aldar, Hamon C.)ul'J'Uhin, Jlonico Prudencio, and Frnn'"is1•0 .JoHtH', tlw lu1tl'r th1'('(' only hl'ing ntt.l'Hting 11·itlll'S"('"· Wilh this, llw judgnwnt. thl' t\l'('ision of tht> l'Olll"t, thl' bond. and the C'Xel'ption of the opposing parti<"'- J?lorl'JU.lo and Espiritu. it is impos,.ihll' for thi" 1·our1. to form au <>xuct opinion upon tlH• 1le1•i.-;ion appl•a]<>(I. and lhiH is du<> to tlw faet that inst¥nd of u bill of l'X<"l'ptions th<> pro1w1· Jll'Ot'<'<'ciing wiu; an uppl'ul in U<'· mrdam•1• with ul'tielt> 181 of tlw Cod<> of Ci,·il Prof"l'dm·I'. which provi1I<'" thnt upon tlu• filinl! of notit·e of appeal and a liont\ thf' t·lc•l'k ,;lrnll imuwdintl•\,,- tnrn,;mil lo th1• Rnprl'mP Court n cl'rtifi¥d 1•op,\· of all tlw l'vidt>m·1• takl'll at tht• h<>11ring and thl' judgment of tlw f'Olll'l, and ;1\,;o tllf' ol'iginal of tlw will. in <'llf;C' thPr<> b any f'nntrm'l'l'S,\" c•o11<>Prning thl' idl'ntit:i· of thP Wl'iting. 11 th1•,;(• fnr1m1litil'" Juul lwPn c·omplil'd with we should Jun·<' hncl hPfol'C' us tlw tc•stimonr of thl' otl1<•r two alll'sting witnl':<sl';:;. a:< \Wll as lht• ol"iginn 1 will, fo1· tlw purpo:<<' of clC'h'rmining tl11' qnl';:;1 ionH rni,.1•11. 1uuong- olh<'r:< that n" to wlwtlu·r tlw ntt¥:<ting witllt'><"('s 1licl Ol" (\i!\ not 1•C'rtify tn th.-ir i\(·qnnintnn<·I' with tlw \P,.lairix. Tlw (•]t•J'k is tht'l'<>foJ'(' ordl'!'('c\ to c•omply with artit•ll' ISi of tlw l'ml<• of ('h·il P\'O('Nhu·(• nml to tnm,.mit n <"PrlifiN\ l'OJl:'>' of all !ht• P\'idt•n(·t• lak1•11 nl tlu· hl'iu·ing nm! of th<> jmlgmC'nt of - - - - - - - - - --~--the court, as wl'll as the original will. a 1·l'rtifie1l 1•op:.· of which will he kept among his l'C'rords. Torr""· L'oopn, Willnrd, nm! )lnpa .• J,J.. )fl'Donough .• J .. rC>sen·1•d his \"Otl'. ,Johnson. ,J., (lid not sit in thi,. (•llSI'. f'om71feti<m of l'<'('On/ orderetl. [:S-o. li05. February 23, 19CH.] 'l'0.11.IN B/,_-1.\"l:O, 7ielitio111·1-. r.~. llrIW.\" H . ..1.11/l/,RH, j111l!f1 of /JU' ('our/ of Firs/ l11flll111cc of .llanifa, 1·1·.~1m1uk11/. 1. 1•1.•:Al>ISIJ ASll l'llACTln:: CO)li'l.AIST: CEl!TIOl!Alll.-Thc petition liy ll jmJKmcnt (•n•dilor !or ll writ of ccrtiornri IO set a~idt· a void 11ppointmt•11t of l'l'Cch·er of the property of tlw judgml'nt debtor by whkh h .... i~ pl'l'\'l'llll'<I from executing his judgment is not defocti\·e in flllling to 11llcgl' whetl)('r tlw rcceh·er Willi appoint<>c'I before or after the petitioner eommem·~·d his ol'tion. 2. Ill,; )JASIJUll'S; l'KOHIBlTlOS; Cr.LtTIOllAlll; OK1>•:11 TO SHOii" CAus•:.-Ca.~es of mondnmus one'! prohibition take the form of lln ordinory nction, liut upon nn a.pplie11tion for 11 writ of certiornri the prncticc is to issue nn ordl'r to show Ol:JUJXAL l'ETITIO~ for u writ of 1·C'rtiorari. D1•111mT1•r to the pl'tition. Tlw fa1"l...; Hl'I' :<tatC'd in tlw opinion of thl' eonrt. ,J. )[. HosAllO urnl F. l'. F1s11E1t, fol' 1wtilio1wl'. :\Joou.t: & ll1x:-;ox, for 1·1•spondl'nl. \\"II.LARD, ./.: Thi,; is 1111 original action of t·C'rliorari in this (•om·t. 1.ll'oughl undl'l' thl' provisions of sections 514 and ~Ii" et .~eq. of thl' Codl• of l'i\"il Prol·<>dure. L"pon thl' filing of the ('omplaint a tempo1·a1·r injum:tion was i"su<>d on .Januarr I~. Hl04, untll'r th<> jH'CJ\'h,ions of sl'<·tion ;jJ'i. On .January t:J thi:< eourt m;Hll' an ord<>J' that th<' dl•fPndaut nppl';tr within Hl'\'1'11 dny,.; and show 1•:ll\M' why a writ of <·Prtiorari should not hi' grnnlNI. Tlw dl'femlant appl'nrl'll and ,.;howed Ntusl' by nwnns onl,\' of :i 1ll'11mn·er to thl' t·omplnint. Th<> mnHPr sought to hi' l'P\·il'WNI in this case is th<> on!('!' of th<> dcf<>ndant appointing n r<>c·l'in•r of tlw propnty of Tan Tongc•o in thl' case of 81'rgin H<>.n'" rs. Tnn Tongco. In the <«ISi' of Bonapllltn n; .. ·\mhlcr (l Off. Gaz .. li07). whi1·h hl\'o)vcd tlw :<ame ord¥r. this coul't hl'lcl that th<' ci<>f<>JJ(\ant hatl no JlO\\'<'I' to appoint tlw rrt·1•i\'l'l'. and that in making suc·h appointment Jw WUH acting in ('X<'""" of hi" jnri,.;di<"tion. It nl'c·c•ssnrily follo\\"l'd thnt. lll<' on!C'r wa,.; \'Oid. Tlw oni,\' thing left 11ml<>ci1IPli in thnt l"asc wus thl' cfff'<"t of thi" ,-oicl onl<'I" upon tho;;p <·r('(litor" who had ns;;l'ntl'd to it. ThC' right;:; of tlw plaintiff would hi' tlw "!lllll' whl'thC'r thl' onil•r appointing tlw l'l'C'l'ivl'r \\'C'rl' imull' bPfol'P or afll'l' lhl' plaintiff commC'nc'f"d his nC>tion: it wn" thl'rl'fol'c> not ll<'C'C'·""<ll'Y to nlll'gC' in thC' <'Olllpluint whl'n it wa;; C'OllllllC'IH·rcl. Tlw dl'fondnnt's dC'llllll'l'<'I' wns lmscd (I) upon <l mi,.joi1ttlN of parlil•,;; (2) upon the grnund that thl' C'Ol:llplaint clid nnt "'•th• filf't:< ;;nffic·ient to l'Onstitutl' a ('llll>'<' of iwtion for fin "Pl'(·ifit•!I rl'n:<on,.;. nnd uq l>l'1·1ll\HI' tlw complaint was ,·ag-m· and 1111inlC'lligihll'. \Vhnt hn>l hP<>n said ('0\'C'I'>' lhl' fi\'I' l'<'ll.'•OJI;; spc>C'ifil'cl undC'r th<> st>conc.I J!l'Ollml. Thi' plaintiff. aclmilliul! that tlH' dl'llHllT<'I' \I'll,; \\'C'll tnk¥n on lhl' fil"sl Jll'OUlltl. has a"k1•1I ll'lll'<' lo prt'>'l'llt. nnd th¥ dl'frndanl !ms agT1•1•d that ht• may Jll"<'"<'Ut. 1111 auwndl•d t•omplnint in whi<·h tlw cll'ft•J\f\;tnt )f(·)fit·kinl! j,. l'liminalt•d 11s n dC'fondnnt. Tlw thir1l ~rnnnd. tlmt thl' c·omplnint is unint1•lli~ihlt'. j,. not \\"I'll taken. Tlw 1"011rl ha;:; ntloptl'd n diffC'n•nt fll"llC'ti<·C' in <'H"('s of f'<'rlior;tri from thnt udoptC'd in 1·n"l'" ~f manclnh• arnl prnhihition. Tlw lllttel' tnkl' tl11' form of an onlinnry uc•tion. Jn tlw formN nn ortll'r to ,.how ('llU>ll' i;; j,.,.\l<'(l and npon it" n•tnrn. if 110 "ullic·i1•nt (·nu..;1• i" ,.hown. thl' onll'l" prn,·idP1I for b_, . ..;1•dio11 ~J'j i..; j,.,.rn•c\. 282 OFFICIAL GAZETTE Jn tlie present cmw we hold that the cause shown is insufficient Hllil Uw flr<lrr provided for i11 the last-namt>tl section must issue. It i:-. tlirr('fon· o)'(INrd lhut thf' propmwd amended complaint filNI on the Rth day of February. Hl04. stand 1H1 Uw complaint i11 thi-; ac•tion. that the clt•frndant, Byron S. Ambler. us judge of 1111' Court of Fin;t lnst..anec~ of i\lnnila, causr to be certified to this l'OUl'l within tl'n days from thi;; clnt<' a transcript of the n•c·m·d and proce<>dings which in any w11y l'f'late to the appoint11w11t 01· ad.ion of the rccei\·er had or taken in tlw CU!:ie of Sergia H.c•yP'- 1;.9. Tan Tongm. No. 1451, in thC> Court of First Jnstancr of ).fanila. that thl' same may hi' reviewed by this court. and in tlw nwantimc• to drsist from an~' further prol'eedini.,l'); in th" urnli<'I" to ])(' l'l'\'iewNI until thf' fnrthf'r order of this <•ourt. Arl'llano C .. J., Tonrr., ('ooprr. )h1pa. ~frDonouugh. and .Tohn-.on. ,J,J., C'oncur. l'f'fitir111 .'fl'(//llt'd. [Docket No. H2i.) l'\"J'l'RIJ N'J'.l'l'RN FR/,f('l.I SO /JI~ UJN Nf,'Y/•,'S /~''/' .IT,, \\"Jl.T..\IW, ./.: Tiii' lf'...timouy shows th:it <'al'h Oil<' of llw fourt<'<'ll :ippPllanl-. hc•loug1•1l to tlL<' hand d<':-.c•rih1•d in lh<' <·omplnint. Thal this hnnd was such a baud as j,., dl's('l'ih('(I in sl•diou I of .\<·t :i\8 is shown. in adclition to otlwr l'\'idC'IH'<', hy th<' 1t•4imony of lhC' witness1•s .Juan Zonilla (pp. :ii. .)4). )!ig1H'I l'a,.,eual (p. fi;"i), Enriq1w Pasion {pp. 80, 81. Ri. 84), l:<'rrnsio .Jimi1wz (p~1. !l7. 98), 8ixto (\<'la <"ruz (pp. llR. 119, 120). nnd Frouu·isl'o Callao ( p. 149). Tlw j11C\j..>'lll<'lll of t.lw 1•0111·t hrlow is nllin1wtl with the• 1·os1" of lhis im;lanN' :1giiinst th<> ap1wllnnb. . \n•ll11110, (', .T.. Tonps, ('oopf'l'. :\fapn. 1\fcDouough. nncl .John,.,011, .J.J .. ('1111('\lf. -l11d,11111l'11f 11.ffirm"d. BUREAU OF CUSTOMS AND IMMIGRATION. TAUWJo' UE<'ISIOX CIRfTLAllS. Xo. :\!Hi.-llld"fibll' mar/.'iuy iul: (/ufiabl<' a11 "ofh<'I' col01·.q" (//lff 110/ UN "wrili11,r1 or drawi11y i1'1N1." :\IA:>:JI.A • .llurclt 2.~, 190~. '/'o all <!oll1•1•/u1·.~ of <'1111/011111: Thf' following is ht•rrhy puhlislwd for th1• iufm·mation and gnidauc1• of nll c·om·t'l'llt"d: "111 th(' matter of l'rot<'st );o. :W:l9. fih•d Nowmbe1· 14. mo:~. by )fr. Enriqn(' 8pit11, <lgainst llw dC"C'ision of the Coll<•c•lor of ('n,.,lnrn,; for the Philippint• l:<\ands, ueling us ('olleclor of Cus· lnms for the port of ~lanila, as to th<' ml<' and amount of duty (•]mrg1•ahlt• on l'l'l'lain nwn·hamlis<' d<'scribrd in Entr,\· No. A flll!l. \'oll(·lu·r Xo. Hil68, pai1I ::\on•ml)('r l:t l!lO:I. "Tlw (•\aim in thi,., t'!IS<' i...; against tlw l'iassifiC"ation of cC'rtain imh•lihl1• \\·riling ink 11nd1•r purugrnph 85 of the Tnriff HeYision La\\· of !!IOI at :f;0.15 1)('r kilo as 'othC'f artificial colors' instC'nd of 11mlt•r 1mrng1·aph 87 (/1). nl $4 J)('I' 100 kilos n:< '\\Titing' or '•lrnwing' ink, as t•nl<'r<'ll. "Till' Jll(•rclmndis<' in 11m•,.,tio11 l'Onsists of smull holilrs of un ind•·lihlt• marking iuk. and i"' ns('(] for imnkinii li1wn, C'lC'. Th(' hotllP"' 11·1•n• pa('k<'ll in ... mull pa,.,tPboarcl hoX(':<, nncl with f'aC'h holllt• i"' n l'lwap ]ll'U am\ wood1•n holdr1·, Tlw ai·tic•lp i;; i11\"oi1't"<l :u11I clt'"'l'l"iht•1I as 'indelihl<' ink for m1ll'king- lin('n,' '·Paragraph 8;) pro\'i(\t•s a ... follow"': .. '01.lwr artificial ('Olor;; in powd<'r. cr~'stnls, lnmpr.. 01· pnstP. i1wlmli111! lithographiC' inks ancl d111r('onl 1wnl'i\,., for drawing.' "lmklihlt> nmrkiul! ink <·ontnin;; non(' of tlll' ingTC'dil'nts of \nitinl! 01· 1\n1wing- inks, nm\ thonl!h thr nnmf' i;; «imilnr th(' IL"'(' j,., 1111it<' <liff<'rrnt. Such ink mu,;\ thC'refore be dntiabh· under paragraph Rii as an 'artificial c·olor' or uml<'r p;11·agrnph !Jj' as a l'hrmicnl product not >;pecinlly nwntioned. Of tlu•-.p two possihle cla,.,sifications. the former is tlw mor<' :<)lf>('itic. "PrntC'st Xo. 2fi:lfl, on tlw grounds mentiont'tl abm·r. is then•fon· owrrulc>d and denied. (Signed) H. B. ~kl'oy. Adinl! Col]C'(•tor of Customs for th<' Philippine Island;;;," H. B. :\Icl'oY, .l~linfl ('oll<'<'lor of C11.~loms for lh<' P11ilippi11r Jslund.~. Xo. :1!li.-'J't'r1k limba frw sltipb11ilding on onlim11·!J wood aml 1101 11 "/i1w wood for c<1bind111<1/;('/'.q.'' MANII.A, .l/al'rlt .'! 1, J!J() 1'l'o 11fl Uo/lct'lo1·s of Customs: Tht> following is lwrrb~· published for thr information and guidam·<' of all eoncl'rned: "In the matt(')' of Protest ~o. 2i27, filed December 21, 1903, by ('ho Chung Long, against the d<'cision of the Coll1•ctor of Customs for tlw Philippilw Islands, acting ns Collector of Customs for the port of )lanila, as to the rate 1111d amount of duty chargt:>abl1• on c·1•rl:liu uwrclmndi,;<' described in Entrv N"o. _:\ 11182, Vouclwr No. :lOl!l!I, paitl D<'Ct:>lllllf'r 18, 1903. , ··TJw claim in this cas<' is against the cla:;siticaiion of cr1'tai11 ll•ak t.imhC'l·s tllltl<'r parngrnph l!):J (o) of llw Tariff Hc\"i,.,ion I.aw of !!IOI at $0.50 per JOO kilos. gross \n•ighl, as filw wood for c·ahi1wtm11k1>1· ..... instead of und1•1· parngrnph l!J2 (a) at $0.2ii JJl'I' 1•uhiC' uwtt'l', a .... ordinary wood in timber for shipbuilding. "Tlw n•sp<'ctfre paragraphs provide as follows: "'1!12, Ordinary wood: (a) in boards, dC'ids, rnftC'rs. h<'llms, rournl miml, :rnd limber for shipbuilding.' "'l!l:l. Fini• wood for 1·nhi1wtmnkPrs: (11.J in llllal'Cl:<. cl1•11l.~ . ln111k:<, nr Jogs.' "lu Tariff Dc·cision C'irculur Xo. J:ll. promulgating n list of woods to lw 1•onsid('r<'ll as •fine' imd 'common' in th<' 1issrssme11t of dnly. l!•ak was l'lllllll<'l'llt<'cl as a 'lim" wood. T1•;1k j.,. "'usl'eptihl(' of two quite diffcrC'llt USC's. Hs tine grnin makes it \"ery d1•"'irahl<' whel'(' carving or othC'r line cnbi1wi work is to lw do1w, whil(' :11 th<' samt• tim<' il"' gr<'nt clurahility 11111k1•s it :111 idl'al timhc•i· for shipbuilding. Jts ns(' in 111<' li1tt1•r l'apaC"it~· is now \'('I}. <'ommon nnd it is tlwr<'fol"<' )Jl'O)JPrl~· to b<' 1·onside1·C'll an '0J'(\i1111ry wood for shipbuilding' wlwn import<'d in a form suitahlt> for and intl'mi<'d for us(' in shipbuilding. a:< in th(' p1·1·s1•11t c•as<'. "'l'IH' wood is t\111>: drscribed by tlw Chief of tlw FOl'C'Stry B111·<':111: "·T1•:1k is nst>d both in construction and in cnhin<'t work. lt is 11,.,p(J as a C'1lbilwt wood wh('n• carving i .... desirNI. 111 the mnrk<'t this wood is t•onsid('red as a C'Onstrnction wood. and whilP usC'd nccasionnlly for cabinet work, it should not h<' consicl<'l'l'd as 'filw wood' in the srnsf' nsnnlly gi,·en tlmt tt>rm. It is t•e1·tninly a fin<' <•onsll'lH'tion wood. and, like the moln\"(' of lh<' Philippi1w lslnncls, <'Onsid<'rNI nmong tlw thwst woods in th<' worh\ for ('011.'itl'llt'tion Jllll'JlOS('S,' ''Prol<'sl Xo. 2727. on th<' grounds mentionf'd nho\'C', i, thf'l'<'fo1·1· snst:1i1wd nm! n l'C'fnnd onl<'l·<'•I llw import('!' in th<' smn of $!li . ."i:i, l"nitr1I Sbt('s ('\ll'l'l'lll'~'. (RiJ!llt"d) H. B. )fc('o~'· _,\ding; C'olIPclor 'of ('u.;;;toms for th<' Philippi1w J ... Jnncls." H. R. McCoY, .ll'fi11f1 ('of/(>('for of Custom.~ for Iii<' l'hilin>illr fa/(l)uf.~. )[AXIi..\, 1"11'('/i !fl, rnn} . To 1111 f'o/11-rlor.~ of GuRlom.~: It i;: h('rrhy rulrd thnt g;lol)(' \'lll\"f'.'l "'hall hf' C"]n;;;;;ifir1l acrordin~ to tlwir couq1onf'nt mat(•riill of <'hief vnh11·. n111l uol as marhi1w.«. OFFICIAL GAZETTE 283 or parts of 1ruu·hinr:;, nnll's:; impol'tf'd with or for a pnrtiC'tilar 1'111-filU' 01· machinl'. so as lu form a. part aetuall;-.• or potentinlly of stu:h engine or nnlchint•, in whid1 t·ase they should be C"!assified as part;i of machinery. H. B. McCov, .ldi11y <Jollcr:lor of Gu.'1l•1111s for the Phili1'fJim: /8/lind11. CllINESE A:"ill DOllUltATION CIHCULAKS. :\'o 13H.-l'ublishing Ar:t :Yu. 1084 of tlie Phil1"ppillc Commission, umc11di11!J section 15 of 1lct No. 702, section 1 of Act No. !J89, mlfl section 1 of Act ."'io. 10.15 by r:clcnding tlw time for compfcti11g the rc,qi.'1fn1Uo1t of Chinese i1i /he /'Mlippine lsta11dli. MA.NH.A, illarch J.f, l!JOJ,. 'l'o rd/ Collcdurs of U11sto111s,. prrn:i1u:frtl frcmmrcrs, am.d others concerned; PAHAGKAl'll J. The following is hereby published for the information and gui<lance of 1111 concerned: "[No. I084.l ··AX ACT AMENDING 8J~CTlON l•'IFTEJ<~N OF ACT ~lJ.M­ Hl~RED 81Wl~N llUNDllED AND TWO, SECTlON ONE <W ACT Nl11\IRERED NINE HUNDRED AND EIGH'J'Y~INJ•;, AND 8EC'l'ION ONJ..: OL•' AUT NU:MBimJm TEN HUNDRED AND 'l'HIRTY·I?IVE, BY EXTENfHNG THE TIME FOR COMPLETING THE REGISTRATION OF CHIXES:E JN THE PHILlPPINE ISLANDS. "Whereas it was impossible to complete the registration of all Chillt>S<' pN:sons in the Philippine Islands within the ten month-; m1ding February twenty-ninth, nineteen hundred and four. a:-; provided in Acts Numbered Reven hundred and two, Nine hundred and eight~·· nine, and Ten hundred and thirty-five: Therefore, "lly authority of the United States, he it enacted h.11 the PltiUppiuc Commission, that : "SECTION I. The time for such registration is, pursuant to authority granlPd by section four of the Act of Congress approved April twl'nty-ninth, nineteen hundred and two, hereby extended for a period of two months, to date from February twenty-ninth, nineteen hundred and four. "SEC. 2. The public good requiring the speedy enactment of this bill, the pas,;agc of the same is herrby expedited in aeeordunce with M'ction two of "An Act prescribing tlw order of procedure b~, the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. "SEc. 3. This Act shall take dTccl on its passage. .. J<~nucted, March 10, l!J04." PAu. IL l'hilippine customs oflicers and all registrars and deputy registrnrs of Chinese shall give due publicity to the terms of this circular. H. B. McCOY, .foli119 l'ollcctor of Customs fol' Ilic Philippine Isla111ds. ~o. 157.-Rcgu/a.tions gover11ing the ·issuance of duplicate original certificates of residence to take tlw place of ccl'ti{icates lost or destroyed. MANILA, J/a1·ch 23, 1901,. 'l'o crll Collcdo/'s of C11stoms, provincial lr<'a.surcrs, tmd otlwrs (·um:cnicrl: The following is hereb)' published for till' information um.I guid· am•e of nil concerned: ceiYed. In repl~· tlll'reto I have to inform you that section four of Act ~o. i02' of the Philippine Commission pro\"ides for tlw issmmce of duplicate certificate of residence to tnke the plact> of original certificates lost or dPstroyed, under such regulations a.~ nm~· be preseribcd by th<> Jnsular Collector of Cn,;toms, and upon the parnwnt of double tlw frc exacted for the original cl'l"tific11te. "Hrgulutions co\"cring the issuance of such ct•rtificat<'s arc pre-~cribPd in Par11grnph XVI I of Chinese and lnunigrntion Circular ~o. 85. "You are rPqucsted to forward the necessar~· allida\"its and two photogrnphs, togetht•r with the f<>e of $1, Unitt•d States CUITt'ne.\·, to this olfic<', retaining a copy of the allida\'its and ol\C' photograph to attach to the duplicate certilicale now on file in your office>. Upon r1•ceipt of same, tlw uHidavits being dc1'mf't\ s11!fo·i1•nt. a c\uplicate of the original Ct'J'tificatc will be issued by this ofii<·c>. Affidavits i-;hould be obtai1wd in duplicafr in order to eomplde tlw record in the offic<'!i of both tlw n•gislrar and thl' ln:-;ular Colll'dor of Customs. R<>sppctfull~·, (sig1wd) II. B. 1\kCoy, .\cting Col· \1>ctor of Customs for the l'hilippinC' Islands." H. ll. :\kCoY. .-Lcting Collector of C118I01118 for the Phili11piiic fa/and.~. CUSTOl!S ADMINI.STllATJH; CillCULAR8. Ko. 28(j.-Uifts or soun:u.irs snit l1y mail to the l.liiile1/ Nia/<".~. .MANILA, l"cbruary 2.J, Jf}O,}. 'J'o all Collectors of Customs: PARAGRAPH I. The following cabh•gram from the Chief of tht' Bureau of Insular Affairs, Washington, D. C., to the Civil Go\·· rrnor, quoting executin• order issucd h}" the President 1"<'bruary 17, 1904, in regard to gifts or souvenirs sent by mail to the l7nitcd States, is hereby published for the information ant.I guid1111ce of all concerned: "\VASlllNG1'0N, Pcbruary 18, 1!!01. "\YRIGIIT, ,Uanil<i: "The following cxeeutiw order was issued by the President February 17 : ··'It appearing that thr conditions no longN C'Xist which prompted the issuance of executive orders of Novemb<'r -l, 18!l!J. and Xovember :J, 1900, subjecting to the domestic postal r<>gula· tions of the United States onl)· gifts or souvenirs forw11nh•(\ through the mails h)' officers, soldil'l':<. sailors, and civil 1'mplorf'C':< serving in Porto Rico, Cuba, Guam, the Philippine Islands, and China, to members of their families in the United NtnlC's, :uul dee versa, the said ordl'l's m·c hereby rl'vokc(l.' "'EllWAllll.S." l'M1. 11. Tlw ubm'l' ordt•r rcvokt•s that published iu Tariff Decision Circular No. l:Ji of this office. PAR. 111. Philippinr cu:-;tom,; oflicers ,;hnll gin• dm' publicity to the terms of this circular. H. B. .;\lcCoY, .1cti119 Collector of l'usloms for the l'hilipµim' /s/amfa. ?\o. (j9,-Fixi,ng rcyulnr v/ficc lw11r.~ {01· the .U1111i11t c11.11/11111-ho1111•· and extn1. hours of labor for tire imporla.tio11, c:cporlaliou, mu/ 1mr(qatio11 diri.~ion, ill.spec/ors' dit;isio11. 71<1.~.~<'Jl_f/('r "'"' lm!I· yagc <hri,~ion, <11111 immi9rnlio11 <lfrisio11 d111'i11y llw /l('a/11/ lc1•m from April 1 lo ,/i111c J;i. ::\L\x11.A, Jford1 2!1, J.'m.i. "Hrn: Your lctt<'l' of the 2311 instnnt in rt>ference to th~ issu· l'AitAlHIAI'll I. J'm·,;u:rni to till' prnvi:-;ions of • .\1·l Xo. 1040 of ance of d11plicalc original certificate of residence !ms been re- the Philippi1w C'on11ubsion and Ext•eutin• Ordl•r Xo. ;1. clafrd 284 OFFICIAL GAZETTE ./airnfH~· l:J. 1!104. tlll' ho111·-; of lubor for the :\fanila crn1tom-house Owing to tlw lll'<'ds of th<' .. wnil'l' tins l'X<Ullinution will lw h<'hl 11uring tlw IU"at(•ll frnu from .\pril I to Jum• 15 are hNPhy fixed in the English hmguag<' only. TIH' fol\owinµ- will hr tlH' ,.,n\i a,., follow,,: jeet..i and weights of tlw <•xamination: ( 11) On all working day.-; cxt•<'pl Saturcluys. for all dfrision,, 1•xc~·pt tl1P : .. ~nwnil orclN ston•,., um! bond<'d wnr(>housc and tll<' I. ~l"eond-gradt• t•x1rn1iuation ana,.,tn· clil"ision:-. from 8 a. 111. to :! p. 111. On 8aturdays, from :!. Praclieal qm-stions 1.:;o a. 111. to l:!.:!O p. m, 1 f, J For g1•1wrnl onkr ston•..; and IJondt•cl warl'hou,,e di,·ision. 011 ,t]\ working days t'Xct•pt 8aturduys: O!Tke, from 8 11. m. to :! p. 111.: ,,·harf, from 7 a. m. to ll.:Jo a. m .. and from 2 p. 111. to ,j p. 111.: hod1•g-as. from i.:JO a. m. to 12 m .. und from 2 p. m. to .i p. 111. Ou 8atnnlays: Ofliel', from 7.:lO a. m. lo 12.30 p. m.: whnrf. from i a. 111. to 12.:m p. 111.; hodC'gas, from i.:m a. m. to 12.:10 p. m. /r:) l•'or arrnstn• divi><ion. on all working da,vs C"Xcept 1-iatur· cl11y-.: ()ffil"I'. from 8 a. m. to 2 p. 111.; wharf. from i a. Ill. to 12 m .. am! from 2 p. m. lo.) p. m.; \\'ar<'lmus('s, from 7.:JO n. 111. lo 12 m .. and from 2 p. m. to J p. m. On Sntnnluys: Office, from i.:rn a. m. lo 12.:m p. 111.: wharf, from i a. m. lo 12 m.: \\'1Hf'ho11•ws, from i.:JO a. 111. to 12.:JO p. m. PAIL II. The following ;ulditional hours of lnbor are ht•r<'h,v p1·rs('1·ihf'tl for llw eonvenience of thC' public-: (11) Thf' importation. exportation. am! na,·i,!.(ation divi:.ion ..;hall hC' OJlf'll for tll(' f'ntruncl' and cleanuwe of \'('Ss<'ls and ot]l('r mnritiml' husinf'ss on all working days <'X<'f'pt Raturdays. from 2 p. 111. lo ;i p. Ill.; on 8alunl11,\'S, from 2.:JO p. m. to 5 p. 111.: on Snndn,\·,. am\ legal holidap;. from 9 11. m. to 12 111 .. nm! from :J p. m. lo ii p. m. I b) Tlw inspf'ctors' division shall he opf'n for the boardini::. 1•111 \'alll'f'. and l'll'anuwe of \'l'SSl'ls on all working days. from () a. m. to 8 u. 111 •• aml from 2 p. m. to sunsf't; on Hunda ... ·s uml l1•wli holidays, from II a. m. to 12 m .. nnd from 2.:m p. m. lo sullsrt. (<:) Tht• l'<'gular working hours for customs inspf'ctors am! ;.:nnrcb on hoard sl<'am vess('\s shall be from i .ao a. m. to :i.:10 p. 111 .. with mw hour for tlw midda."' 11wal. on all weC>k days l'X<'t']lt Halnrda,\'S and legal holhln:.·s. nnd Oil Ratnrdnys from i.:lO a. m. lo 12.:m p. m. (d) Th<' passf'Jlj!f'r 11rnl hagga,!.,'<' division and the immigration di\·i,;ion shall bl' op1'11 for bm;ilwss Oil 1111 working days e-xC"ept Suntlays 111HI i<'g"lli holidays, from 11.:JO a. m. to 8 a. m .. anti from 2 p. m. to smJ'<t't; on Rnndn,\'s and lf'gal holidn:.'s, from 8.30 a. m. to It m., and from 2.:10 p. m. to ,;unset. H. B. Mcf'oY, lf'fill!f f'olft·do!" of C11.~lom.'1 for /Irr> />hilip/Ji1w /.<;froufa. PHil,IPPINE CIVIi, SEUVICE BOAUD. l'IVIL-SEll\'ll't: t:XA'.\llXATIO!\S. '.\lA:-ilLA •. l/lfi/ .!, /~Ill}. Thi• ('i\·il S1•n·i1•1• Jlo:inl dl'sin•:- Filipino applicauls fo;. thC' positions of nrnl'hinist. enqwntrr. h\;wksmith. wheelwright. aml olhl'l' skillNl-worknrnn positions. Tlw 1·xnmi1111tions will hi' 11011Nhwntional in (·hnr;wt.er. 1'1igihility lll'ing (lf'tt>rminl'd upon thf' snh111i,.,_i011 of P\'i1ll'lw1• of fi\111•,.s 011 Form :t"i 1·0111plet1•d. Enlrn1w1• salar,v. 11bont :ji:Hm. l 1nit(•tl Stnlf's «nrrf'nt·:.·. p1•r annnm. 1"111thl'r informntion and l'OJlif's of Form :Jii may hf' oht11i1wd ;11 tlw ollil'(' of thl' Ci\'il 8en·ic1• Board. Intl'mlrul'in Building. \\'nlll'(l Cit:.·. Manila. t:XAMIXATIOX FOlt IXOCCJ,.\TQll. MAXILA • .lforch 28, J.fl(J.}. Tlw C'i\"il Srrvi<•t• Bonni a111101111t·1•,; nu l'xamination to \w hPld :\lny :!. 1!10-1. for l\u- pnrpost• of "''<'lll'ing ll 1'<',!:ish-r of f'ligihlt•-. t"rom \\·hi1·h nppnintnwnts umy hi' nuHil' to llw po,.ition of inoen],1\or. l'UlllJWllsufr1I at an u1111ual sallll'."' of $000 per 11111111111. a. Expf'rienl'<' um! trnining ... Total. .. 1110 Further information ean h<' ol1tnin1·tl at thl' otfil'e of the Civil Sel"\'icc Boan!, lntcndencia Building-. Walll'tl ('it_,.·. :'.\Ianila. wlm'(• thC' exnminution will be held 011 the date nbo\·(' mill]('(\. :'.\IANll..\ • . lprif .!, 1!111 ~. Tlw l'i\'il H1•1'\"iel' Board 1mnon11t·l'" an cx1uninatio11 in Eng-Ji...;h for the position of 111cdicul inspedor. comp1•1N1lPd at an I'll· tra11e1• salar,\' of $:!.000 per annum. The "uhje1•t...; an<l w<'ights of this l'Xnminution will be found in tlw manual of iufonnnlion n•latiw to thf' Philippine <'idl s1•J'\'it'<'. Fnrtlwr infomrntinn nml the nC<.•cssary upplication hlnnk,; nmy he obtllinetl at tht• oHke of th<' l'ivil S1•n·ic1• Board. Jntpm\1•1wia Building. \\'alll'd l'ity. Manila. whern the exnminution will bC' lwld on ~for 1 i-IR. 1904. APPOINTMENTS. By the Honorable Ci\'il Go\'e1•1wr. l'liifi11pi11c W('(//hcr Jlu1·<"<111. Re\'. Mignel Sadel'l'<l Maso. ussi:$.f.ant dirertol': '.\larch Ul. Cif!J of .lfonila. !Ion. Frank B. lng(']'soll, al't.ing judgl' of lhf' 111111\iC"ipnl ('Olli t: :'Ilardi 24. /'rori11c<'1>. LEl'ANTO·UO:->TO('. Gid1•011 B. Tra\·i,.. pro\'illl'ial ;.('(•rPtnry·trC'usurcr; 1\lar('h IH. \\'illium U. Smith, lirsl lif'Utf'nanl. L'nit.l·d Stah·s .\1·111_,.·. pro· \'im.:ial supen·isol'-trf'11s11rf'J'; ~lnrd1 2:l. By the Phili1•vine Civil Ser\'ice Board. [~'.1!1'Cllf i /'(' lJr'/JU /'I 11/f'll /. t;Xt;<·t·Tl\"E lll"it•;Al'. .Jo:-;c du 8cquera. l'il'rk, :March l!I. $:!00; probalional ap]lointnlt'nt. ~az11rio A. Suntos, derk. April I. $:JOO; prolmtionul appoint· ment. lll'UEAl' O•' THE IX:SL"J,Alt l'l'lll'llASJ'.\'G ACiJ,;'.\'T. .John \\". :'.\leFPrrnn. clerk. Fl'11ruary I. $1.HtlO; promotion from t"!assi. K \Y. Crnw. t'l1•rk. Fl'hrunry l. $1.400; promotion from cla"s !I. PPn·y G. l'uldwf'll. clC'rk. :MaH·h !:!. $1.200; probutional appointnwnt. .Jnmf's P. Oihhs. r•l('l'k, '.\lart'h 22. $!.100: probntionnl uppoinl· lill'lll. A. D. Collins. l'h·rk. 1"1•bninr."· 1:1, $:!.000: promotion from (•\ass 8. .Tam<'s I' .. Joy1·l'. \\'atehnmn. '.\Jnrch 2H. $i:!O; pruhationnl Hp· pointment. \\'. I{. <11111'<, "uhinspedor, . .\.pril I. $1.400: pmmotion from $1.200. OFFICIAL GAZETTE 285 1-1. U. Waddle, !!tlbinspector, April I, $1,080; promotion from $900. PHILll'Pl:XE ClVJL .SElfflCE lJOAIUI. Inocencio Concepcion, clerk, :\Iar('h 21, $1,000; promotion from Clar:no A. Dcpa;rtmcnt of the Interior. llOAltD OF HEALTH FOR THE l'IHLIPPIXE ISLAXD.S. Dadd G. )loberly, veterinary surgeon, )larch 1, $1.800; promo· lion from class i. :\liehael J. Walsh, clerk, )larch 26, $900; probational ap· pointmcn.t. • Jo:-;e Buenviaje, dnk, :\larch 3, $240; probational appointment. ETlll"OLOGICAL SURVEY. Dr. ·Merton L. Miller, assi"'tant chif'f, :\larch 1, $2,400; change in designation from "ethnologist." FORESTRY BU REA 1..". K E. Christensen. assistant insp<'clor, :\larch Ii, $1,400; promotion from class 9. Sotero Lumba, clerk, }larch 23, $300; probational appointment. Rafael Rodriguez, rangel'. ::\larch 28, $300; probational ap· pointment. Blanehe Alexander, nur:-;e, :\larch l, $i20; probiltional appointment. Loretta McDonald, n~1rse, ~farC"h U, $i20; probational appointment. ' Department of Commerce a11d Police. Bl!REA U OF POSTS. . Jose ~faval, derk, )lareh i, $240; reinstatement. Ul'RF.AU OF PlllLIPl'IXES COXSTADUl.ARY. :\Iylel'! D. Savell, derk, :\lurch ~~. $HOO; pl'Obutiom1I appoint· Guy :\I. Willey, shops foreman, :\larch 1, $1,200; probational appointment. Bt:REAU Ot' COAST Ot:ARD AXD TRAXSPORTATIOX. ,John .J. Sullirnn, clerk, :\larch i, $1,200; transfer from Bureau of Gowi·rnment Laborntories, Cla:s:s A. Clarence L. Fyffe, foreman, Febrnary I, $1,200; trnnsfer assistant ·inspector, Forestry Bureau, $900. Department of h'imrnce and .Justice. BUREAU OJ.' THE INSULAR TREASURY • P. ,J. Vanden Broeck, clerk, February 6, $1,200; transfer from office provincial treasurer, Leyte. Victor Trego, clerk, February 3, $900; probational appointmcnt. George B. Wicks, clerk, :\larch 16, $1,200; probation11l appointment. Agnes B. Richey, clerk, March 15, $1,200; probational appointment. Santos Javier, clerk, ::\larch I, $540; reinstatement. David R. Gruy, clerk, $1,200; probational appointment. 111.."REAU OF CUSTOllS AND IlllUGRATIO:-l. Frank C. Lane, chief harbor launch division, ~larch 6, $1,800; reinstatement. .Jose Luciano, guard, February 12, $240; reinstatement. :Miguel Castellon, clerk, )larch 18, $180; probational appoint· ment. . :Mariano Baldh-ieso, clerk. February 26, $180; reinstatement. IXSULAB COLU STORAGE AND ICE PLANT • Hany D. Thirkiel<l, cashier, :\lnrch 12, $1,400; probational appointment. Malcolm R. Wheeler, clerk, March I:), $1,200; probational npuwnt. pointment. ,John D. O'Brien, clerk, )larch 18, $900; probational appoint· uwnt. Crispin de la Tonl., clerk, :March 6, $240; probational appointment. Blas Alejandro, clcl'k, :\larch i, $240; probational appoint· mrnt, Atanasio Alviar, rlerk, :\farch 19, $210; probational appointment. Eduardo Garcfa, clerk. )farch 4, *180: probntionnl hppointment. John ,J. Robinson, clerk, February 21, $1,200; trnnsfer from lmmlnr Cold Storngc nnd lee Plant, $1,800. Peter B. Jones, clerk, )larch l, $1,200; promotion from class 10. Ramon Fernandez, clerk, :\lnrch 10, $660: promotion from $600. Ricnrdo Alovem, clerk, :\lnrch I, $360: probntion~l appoint· mrnt. llL'RF.AU OF PJllSO:XS. Dorotco Domingo. shops foreman, February Ii, $480; proba1 ionul appointmrnts. Tomn."I Eugenio, gu1ud. :\Inrch 19, $240; probational nppointmrnt. Lurinno Orfonel. gmird, :\fareh 20, $240: probationnl appointmrnt. \"il'ruk Baseonl'illo, keeper. :\fnrrh 11i, $300: promotion from ~uanl, $240. Yirr11tr Rrieva. keeper. :\Inrch Hi. $300: promotion from gtm1·(l, $240. 16518-2 UUREAU OF JUSTICE. Oliver S. (~ole, interpreter, Court of First lnstnnce, Manilu, l\lnrch 17, $1,200; probationnl appointment. Renito Canlns, copyist, Court of First Instance, Antique, April I, $180; probationnl appointment. Clemente F. Hundnlian, copyist, Court of First Instance, Tarlnc, ~larch Iii, $150; reinstatement. Charles Hnffke, stenogrnpher, Court of 1"in;t Instance, ::\Ianila, March 16, $1,400; transfer from AttorneJ•-Genera.l's Office. Castor Gutierrez, clerk. office of fiscal, Fifteenth ,Judicial District, January 26, $240: probational appointment. Departme11t of Public /11slr11ctio11. Hl_"REAL" OF Ellt:CATIO::\". )lis>i Xe.Jlie L. Hill. «lerk. :\larch 18, $1.200; promotion from cl11ss IO. ,Jose B. Si,;on, <"iNk, otfi«e dh·bion superintf'mlrnt. Pnngn,;inan, April l. $1.000: promotion from (')a,;,; A. Freel \Y ... \bhott, teacher. :\lnr<·h 2. $l.200; reinstutemrnt. .James ~Ii1dison, tracher, :\fareh H. $1.200: probationnl np· pointmei1t. Bert Ashm,;l. h•adwr. :\[arl'h 16. $1.000: prolmtionnl :ippoiut· ment. Hobert L. B<inon. tl'Hl·hPr. :\lar1·h 2. $1.000: prolmtio11al ap· pointment. t'larelll't' E. FPrg-nsou. tearht>r, :\[nn·h !I. $1.000: probatiomil :ippoint.ment. Hl•rbnt D. Fbhrr. ll•;H·lwr. :\fard1 !). $1.000: probntionnl np· pointment. 286 OFFICIAL GAZETTE Lee P. Hamilton, tf'acher, )larch 16, $1,000; probational appointnwnt. William F. Hughes, teacher, )larch 16, $1.000; probational appointmcmt. Luman A. Jennings, teacher, l\.farch 9, $1.000; prol:mtional appointment. Minton H. Johnson, teacher, )farch 16. $1.000; probational appointm<>nt. \Vinfield S. Lanthorn, teacher, March 16, $1.000; probational appointment, Lott Sandy, teacher, March 16, $1,000; prol:mtionul appointment. I<~. L. Simanton, teacher, March 16, $1,000; probational appointment. Charles H. T. Townsend, teacher, Mardi LJ, $1,000; probationa1 appointment. Walter C. Mayer, teacher, Murch 16, $000; probational ap· pointment. Hester S. Simpson, teacher, March 16, $900; probational appointment. Francis A. Wester, teacher, March 16, $900; probational appointment. \\"alter J. Seaborn, clerk, March 28, $1.200; probational ap· pointment. George B. !\-lcMahon, clerk, March 28, $900; probatio».al ap· pointment. Pedro P. Logan, clerk, February 25, $300; probational appointment. Pedro G. Flores, clerk, April 1, $360; promotion from Class I. BUREAU OF PUBLIC PRINTING. George D. Scott, craftsman instructor, Apl'il 1, $1.600; promGtion from $ l,400. Lino de Sena, apprentice, March 2, $0.:JO; promotion from class 6. Albel't Walker, watchman, March 24, $i20; probational n.ppointment. Raymundo Nantes, apprentice, March 23, $0.20; probational appointment. Felipe Mananquil, junior bookbindel', March 5, Pl.50; pl'oba· tional appointment. Jacinto Cha\·es, junior bookbinder, April 1, Pl.25; probational appointment. Clemente Zulueta, junior compositor, Mal'ch 2. P2.25; pl'obational appointment. Nazario Pasicolan, junior compositor, Mard1 28, 'P.'2.50; pi-obational appointment. Melchor Bustamante, juniol' compositor, April I, P2.50; probational appointment. Francisco Sugui, apprentice, April I. $0.40; promotion from class 5. Gregorio Gargantilla. appl'enticc, April I. $0.40; promotion from class 5. IJUREAU OF AGRICULTURE. F. S. Douglass, clerk, March l, $1,600; promotion from elass 8. City of M anUa. lll>:PARTl'tlENT OF ENGINEERING AND PUBLIC WORKS. H. ,J. Meany. clerk, February I, $1,400; promotion from $1.200. Reinaldo Aspillera, clerk, April I, $480; promotion from $420. L. _F. Put.stone, supel'intend~nt street construction and bridges. Jnnunry I, $1,800; promotion from $1,600. L. D. Weeks, boiler inspector, Mal'ch 15, $1,800; probntioniil appointm<'nt. Henry InnnesOl'te. teamstel', Mal'ch 22, $840; probational ap· pointment. Frnnk 8inl'lair, teamster, April l, $720; probational appoint· nwnt. Chal'ie:; F. West, teamstel', April I. $720; probational appointment. Cipriano de Guzman, as.;istant engineer, l\Iarch ll, $:Um; probational appointment. William J. Giusti, teamster, Apl'il l, $720; probational ap· pointment. Aquilino R. Santos, foreman street construction and bridges, Apl'il I. $480; promotion from foreman, $420. LAW DEPARTlfENT. H.omualdo ParnJo, clerk to Register of Deeds, March 9, $240; probational appointment. E. F. Du Fresne, clerk, March 23, $1,400; promotion from class 9. Percy G. Dwyre, clerk, :March 14, $1,400; promotion from Philippines Constabulary, $1,200. Fred J. Bettinger, patrolman, first class, March 11,.$900; probational appointment. Clarence 0. Bohanll.n, patrolman, fil'st class, February 13, $1,140; reduction from roundsman, $1,200. Harry P. Lancaster, patrolman, first class, l\fal'ch 18, $900; probational appointment. Prod11ces. A:'iTIQUE. ,Juan Jabilo, deputy treasul"cr. January 1, $240; promotion from clerk, $180. Pedro Lim, clerk. March l, P'480; promotion from $180. Luis Espiritu, clerk, March 17, $150; promotion from senger, $60. ('. P. Harley, deputy treasurer, Janunry 14, $1.200; transfer from clerk, class 9, Treasury Bureau. ILOILO. Felino Espinosa. clerk, Februal"y I, P480; pl'obational appointment. Amado Achurra, clerk, February I, 'P'360; probational appointment. Panfilo Espinosa, clerk, December I, 1903, Pl,200; promotion from $420. Salvador Velez, clerk, S~ptember I. l!l03. $210; transfer from office provincial treasurer, $180. \\"illiam H. Frizzle, clerk. March 8, $900; reinstatement. Anastasio Fernandez, member of the locust pest board, March 23; reinstatement. ~lariano Padilla, clerk, Jnnunry 9, $300; transfer from clerk, office provinciitl trensurer. :U.on Reyes, deputy, February, 1, 'P'480; promotion from $180. Pablo Mayor, deputy, February I. 1"480; promotion from $150. l<'elix Rama. clerk nnd deputy. DeC'eml>er 22, 1903\ $180; promotion from $150. Graham S. McTavish, clerk, Februury 14, $900: transfer from office of improvements nt Culbuyog. OFFICIAL GAZ.ETTE 287 Gregorio Gutay, clerk, November I, 1903, $240; probational ap· pointment. TABLAC. Cesario Timbol, clerk, November I, 1903, P240; probational appointment. TAY ADAS. John Gordon, clerk, assistant to supervisor, March IO, $900; probational appointment. Dionisio S. Manongdo, clerk, March I, $90; probational appointment. ZAlIBALES, Felix A. Posadas, deputy, March I, P'480; promotion from $120. RESIGNATIONS. Provinces. Lorenzo Lopez, justice of the peace, Ligno, February 23. AMBOS CA~lARINES. Nicolas Beltran, justice of the peace, Baao, March 5. Juan Gonzales, justice of the peace, CapaJonga, March 5. Cornelio Madulid, justice of the peace, Mambu)ao, March 23. Mariano Aguilar, auxiliary justice of the peace, Isla de Corre· gidor, March 30. !LOCOS SUB. Simeon Serrano, justice of the peace, Cabugn.o, January 30. Pelagio Pastor, justice of the peace, Pa.lompon, February 27. NEGBOS OCCIDENTAL. Leon Gariel, auxiliary justice of the peace, lsabela, November 12, 1903. SOBSOGON. Cirilo Jimenez, auxiliary justice of the peace, Bacon, March 16. Martin Ubaldo, justice of the peace, Matnog, December 5, 1903. Enrique Tabuena, auxiliary justice of the peace, Sorsogon, December 27, 1903. 0 ZAMBALES. Bernardo Biligan, justice of the peace, Olongapo, January 29. REMOVAL. James C. Owens, secretary-treasurer, Lepanto·Bontoc, March 16. <.:on tents. Publiclawe: No. 1092, extending the time for payment of the land tax in the Province of Nueva Ecija for the year l!MM until July 31 of said year. N?ia~1~r1t~11f:~~~~li~~~i~1*~1\ii ih=~~~t £Jf~l0~~::~~ mce. , No. 1094, appropriating the sum of P60,000, or so muc;:h as may be necessary, for commencement of the improvement of the nver front on, and con!~~c:r~~l~~=tl~~r th!l~!~1~~~~t:1lfi:~vee:~~~o;i;;i~~rsA~!dN~ ants. No. 109&, nmending Act No. 875 as to permit the free entry of ordnance stores Imported by the Insular Government. No. 1096, amending Aj\~~i~~irfio~~E:fil~c~~:~~if~ti!e~li!.f.~~ Appointmenm: By the honorable Civil Governor. By the Philippine Civil Service Board. Resignntions. Removal. iablc u "other colo~" and not u an ordinary wood and not a "fine Published by authority of the Insular Government under and by virtue of Act No. 453 of the Philippine Commission. Vo1.. II i\IANILA, P. I., .\PHIL ~o. 1904. No. Jli PUJH,TC T,.A"\VS. I Xo. 10!18.I .\'.\ _\('T ('0:\FEIWI:\(: ('():\('URREXT .1nusDH'TlOX n•ox conrrs OF FIRST l\"NT.\XC'E FOH TllE Tl-IJHTEEXTH .\:\D l"Cll"HTEE:\'1'11 .Jl"J)]('L\I. DIHTHICTN OVEH ('.\l"SES .,\l!ISIX<; \\TL'll!X TllE JHSTHIC'T CW L.\X.\O. .\/OHO PltOUXCE. /:fl 1111/hori/p of /Jw { '11iln/ N/(l/(W, /w ii f'IWr:/cd by /lw f'fij/ip/1i11c ('ommissirw. llw/; St:I' no:-. I. C'mw11n·<'11t juri .... 1lietio11 j., lwr<'hy ('011fc>1-rf'd upon tlw l'ourl-; of l<'irst ln.,,,t;nu·p ror tlH' Thirl<'Pnth and FourlN•nth .fu•liei;il l)j.,\1·id" m·(•I' <'all,,1•-, ari .... iul.! within tlw J)istrict of Lanao. i11 11w :\lorn l'rovilH'I'. an,rthinJ! iu .\ct Xuml)('r<>cl Eight hnndrf'(l :rnd -.ixty--.1•\"('ll lo th!' routrary notwith,.;tnnding: Prori<lcd, how,.,.,,,.. Thal tlw court first acquirinJ! jm·i-.di<'tion O\'<•r any cnww -.l1nll han· <''x<'IH,.i\'t' jurisdielion thcr<>0f. St;('. ~- Tiii' puhlfr good rc1p1iring- thf' spe1•d,\' t•wu·tmf'nt of this hill. till' pa-.sagt• of tht• Mlllll' is hf'reby rxprditf'd in accorrlan<'e with .-.(•(·lion two of ".\n Act prrscrihin::: till' ordrr of pro<'cdure h.\· tlll' ('om111i,..-.io11 in tlw rn:1C"t11wut of h1ws." pa-.-;C'd S('ptC'mlwr lw1•11l,r-sixth.11i1wtl'l'll hu!l(ll'C'(l. S~:c. :1. This .-\l•t shall tnkl' 1•ffcet on its passaµ.l'. Eual'\l'd. April ~. 1!104. I Xo. IO!l!J.I .\:'\ .\("T .\.\11<::\l)JXf: PAIU<m.\Pll lrtl OF SECTIOX T\\'EXTY-TWO OF .\('T Xl').[}H;JH;D EHmTY-T\\'0. EXTITLED --nm :\W~H'IPAL ('ODE." AS .\).fE;\fDED. SO F.\H _.\S COX<'EHXS TllE .\ll"Xl('IP.\LITY OF CEBl'. l'HO\'IX('E OF ('EJW. fly rr11/Jwri/_1J of f/w f"ni/('ff Sf11f1w. lw it t'l/flr'fNI li.11 /Jw /'hilippi1w ('om i.1 i.<;.~io11, that: St·:tTJOX I. l'aral!rnph (11) of -..1•(·tion t\\·1·nl,v·l\\"o of .\('t Xnrn· ht•n••I Ei:::hl,\"-l1H1. 1•11liilC"!\ .. Tlw .\lunidpal ('rnh._" as a11wnd1'll. i-. lwr1·h.1· furtlwr Hnu·ndt••I hy ad1linl! al th<' <·lo-<t• thrr<'of thr f(1llowinl!: "f'niridrt/ /111"flwr. That in tlu• 11n111i1"ipality of <"1•hu, Provill('l' 11f ('pl111. tlw ,.,n]ary nf the tr<'11s11n•r may Ill' fiXC'(\ at 0111• thonsaml two humlrrcl JW-<O.-< or k~s." :->.:c·. 2. Tlw puhli<' good rrquil'in::: till' sprC'd~· <'llH(•tnwnl of this bill. 11H' pn-.sng(• of thr -.nmr is ill'n•h)· rxpl'ditl'<l in a1•c•onln1wc 11·ith s1•!'\io11 two of ··.\11 :\(•( pn•-<<'rihing tlll' or1lrr of prore(lnrr h)· tlw Con1mis-.ion in tlw rm1etmrnt of law.;.'' passrcl Sf'ptrmbC'1· t11·rnty-sixth, ni1wtr1·n h1111drrd. S.:c. :i. This Ad shall takl' l'ffl'rt on its pa:NllJ?P. Ena(·jp(\. .-\pril 4. l!l04. I Xo. 1100.1 \:'\ .\('T TO l'HO\'llJE l"OH ..\ SECOXD HE\'l~!OX OF THE \S:->ESS:\IEXTR l'POX HE.\I. E~T.\TE IX Tim PRonxn: rig;rn arP not in propl'I' form. in that thl') an• not nrnlll!!t·d II\ harrio.-.. or in alphahetkal ordl'r. and in -<Oil\(' in-..tam't'"' <·011lain 11;, r\C'st•ription of tlll' proprrt~· ll""l"•SNI. s11Ph ]j,..j,.. lwinl! LherC'h,\ l"l'IHIPrcd of littll' or no 1·ahll' for l'l'f<'l"Plll'l' or ,;lntislira] puqm-<e•-..: alltl \\"lwn•a,.. :1 l!l'Pat many pare!'!.... of Jami hotvl"' lw<'n 0111itt1·d altogl'tlwr from tlw tax-ass1•sSIJlC'UI list-< of said pro\"i1w1'. :111d it i,.; lwlicn·d that in lll<lll)' other iu-.tancl'" pnrcl"ls of lallll h:n·C' 11ot bt>cn as:-;('s.~wd at tlll'ir truf' \·alul's; and \\'lll'I"f'a-.; till' valuation plaef'd on lnnds and impn)1·('11H'Ht-.. nt llw tinw of thP original asspssment \\'l'l"l' l'XJH"l''<s(•(l in ]01";1! 1"111"· l'l'IW)' :11111 h:l\'(' not sill('(' hl'l'll l"l'eln!'rd to monl'y nf tlw l "nit1•1\ StatPs. n~ prm·ided in srPtion six of .-\C't X11111lwrP1I Fi\·r huwlr('(t and l'ighty-two. as a111Pml1•(l; and \\"lll'rra.; thr abO\"<'·IUC'lltioi11•d Prror,... Olt1is-..ion,.., an(\ ilwq1111I iti1•s WP!"<' not l'l'mNlil'!I hy the· boarcl of tax rp,·i.-<ion appoinic•1! mHIN thl' provision,.; of Al"t Xumhf'n•d Fin• hundrr(l aJH\ Pight.1·two, no complninh. ha\·ing- hPl'll prpspnt(•1\ to it. l'ilhrr h~- 1.1ml ownl'r" or go\"l'l"IHIWllt ofliC'ials: -:\ow. llu•l'(•fon'. /111 1111/Jwl"ily of /Jw ('11ited S/11/e.~, lw it 1·1111('f<"<l b.11 /Jw l'hilippi1w f!o111111i.~8io11, that: f;f:CTIO.'i I. Tlll'r(' is lu>r('hy l'l'C'Hkd fol" LhP Pnl\"illl'(' of Suril!no a Ill'\\" bonnl of tax rrvi<:ion. whil'h shall l'Onsist of tlw thrrP ml'mhPr,.. of thP JH"m•incial hnanl and h1·0 otlwr taxpnyn-... n·.~· i(lf'nts of thl' pl'Ovin1'<'. to I)(' nppoinh·d hy thp Civil C:o1·t'l"nor. b~· and with tlw con,.;pnt of till' l'hilippi1w Commission. SEC. 2. Till' po11·P1"s :rnd dnth•s of thr lit'\\" bonnl of tax l'P\"i-..ion i11 the• Provinl'I" of Surigao -;hall hi' thosr prPsl"ril)('d for 11u· prodn('ial hoaJ"d of l"C\"ision by Ac·t XnmhrrP1l Fi\'I• hnudn•d and Pight)··two, 1•11til\l'(l ".·\n .\l"t to pro\'hh• for tlH' parliid rrd,.;ion of thl' ;u.,,;1•-.-<m"nl upon rl'nl C'statl' in tlw 111u11il'ipalitiC',.. in tlw PhilippinP J...lnnd.-. nu1_sid1• th1• l"it,\· of Manila." n-< am1•111ll'<i h.\· APt N"umhl'l'('(l Rix hundr('() and 11i1wty-thrl'I': J>rovfffrrl. h111n·1·cr. That tlw dalt•-< spP<'ifit•d in thr said .\c·t. a-< nmrmlP1\. aml tlw <'Olllpl'nsation aml tra\'Plingo rXJ!l'llS('S of thl' two nwmln•r,.: of !ht• 1ww board to hr• appoin11'd by thl' Civil C:o\'l'l"nor. h,\' alHI with lhl' (•onsl"n\ of tl11' Philippine• Commission. -..hall IH' a,. p1·ori1!Pd in s<':l"lions 1hr<'I' and foul' of ti](' prl',.;l'nt Ad. s~:c. :t Th(• )\('\\" board of tnx ]"('\"ision shalt i,,, Ol"!.!:llli1rd on the fiflc1•11lh day of April, ni1wtl'l'll hnndrl'd inHI fonr. or a-< sm111 tlll'reaftrr as possihlP; thP timr fiwel for rP{'e•i\·ing anel hPari11!.! l'omplnints shnll he not 1•ar\il'r th;111 fi\"t• clays afll'r the• orl!ani1.a tion of 1111' nrw hoard. anel not lall'r th<lll thl' !l\·1•11tit>lh of .Jnly. ninf'h'l'll 111111![\"C'(\ and fonr: tlw ('l'rtiti<-atiou hy lh1• 111'11" honnl of a list of thl' ('h<lllj!C',:; llHH\1• iu llH' pl'l'vious as.~t•s-..nwu\,.., 1og1•1lw1 with a Ji,.;t of the total assp,;smC"nts of tlll' lnxahle• lau(\.~ all(\ impron•ments in C'al'h 11nmi<'ipalit,\·. prol"idP~I for i11 -.1•dio11 t•igh1 of Al"l ~umhl'r('d Fin· hundrl'<I and l'il!hl.\'·f\n1. -.h:dl In• m:ulP not lntl'r than thP fifth d.1.1· of .-\ugu<:t. ninl'IPe•n hunelr1•d aml fou1. on \1·hil'h elate llw !WW hoard of ta;.. n·1·i-.io11 '-hall «<':1st· to Pxen·isl' an~· powprs uncler thi-.. .\d: am! thl' puynwnl of l:tnd laX('-< in tlw Pro1·i1ll'C' of S11rig::10 for tlu• )'l'lll" 11i1wl<'l'll h•111dn•<l ;11\d four ,..Jiall lw 1mH!t• prior to till' lil-.l 11:•,\· of Xon•111h1•r. 11ilw j('C'n h11THlrPd .111tl four. th<' 111·0,·i-..ion-.. of -<t'('lion -<1'\1·11ty-fn111. ;1-.. :!.S!l 290 OFFICIAL GAZETTE -- - - - - - - - - - - n11w1Hlcd. of th<' )Junicipal Code to the contrary notwith,;t.anding. Jn all otlwr datc>1 and periods of time specified in Aet Nmnhen~d Fin• hnrnlrl'd and eight.)·-two, iu; amended by Act NnmberC'd Six hundl"ed an<I ninety-thn'c, the words "nineteen hundred and four" shall be 1;uhstitute<l for the wordi;i "nineteen hundred arul thrPe" for the purposes of tlw present Act. S~;c. 4. JO:ach of the two nwmhers of the new board of tax 1·,·vision appointed by the Civil Governor, by and with the consc>nt of thC' Commission, shall n•c<>ive for each day's session of llH' board upon which he was in actual att.emlam·1•. the sum of four Philippine pesos, and his actual. l'XJlCllSt"S for travel and subr;istenef', not rxct~eding four Philippine pe»os a day, while in attendance upon the board and its meetings, from the time he leaves his usual place of residence until he returns to the same. In {'ases where the usual place of residence of such member :;hall be so far distant from the capital as to make it impract.ieable for him to go to his home on Sunday and return upon Monday, he shall he allowed the per diem for Sunday, as well as the days when the honrd is in actual session. ~EC. 5. In all cases in which land in the Province of Surigno a:;scssed for Uw year nineteen hundred and two or the year ninetf'l'll hundr('(\ and three was assessed at more than fifty per c·rut.11111 ahov1• ihe valuation made by the new board of tux revision, thr pro\'incial hoard is hereby authorized and r<'qnir<'d to reduc{' UH>,ass<>ssmenl. for the year or years in which sm~h ex<·cssiv1• assessrn1•nt of more than fifty pet· C<'ntum was made, to the amount fixed by the new board of tax revision for the sume land for the year nineteen hundred and four, and the provincial tr<>i1,;mer shall eomply with the order of the provincial board by making lhe reduction upon the rPcords of the municipality and province. Si;:c. 6. In 1111 <'uses in whic-h the money has been paid upon the <'XC'Pssive assessment us deseribed in the section immediately pre('Pding. it shall be the duty of the provincial board to allow n t·rcclit of th<' amount of such excess payment, to bP applied upon tuxes 1lue for the yenr nineteen hundred and four or the next ,;uhsequent year. REC. 7. In <'ll>iC' th<' tax hus nol hPPn pnid on the excessive ;i,;sps.~mr.nt. th<'n the lnxpuyer 01· th<' person from whom the tax is (hw shall he allowed to pay ~he tax on the reduced assessment without JJ<'nally at any time before November first, nineteen hun1h·c·d and four: nnd all proceedings for the sale of land hecnusC' of the dclim1uenC'y of payment on the excC"s,;ive ussessmf'nt as ch•lincd in sr<·tion fiw shall be cliscontinued and hrld for naught, and thr lit!P to the land shall remain in the d<'linqucnt taxpayer, snhjP<'t only to the lien for lnxrs .on the assessment us rPdured in 11ceordam·e with section five hereof: Provided, That if th<' amount of tuxes due on the redm·ed assessment is not paid lwforc Non•mhn first, ninetePn hundred and four, the same procrdure shall hC' followed in their coll<'C'tion as in other cases of dc·linqnrnt tnxrs. S~:c. 8. In <'llSCS of excessive taxation described in section five lwi·l'of in whi<·h tlw Jund sh111l hav<' been sold to a third person for failure to pny taxes, the delinquent taxpayer upon redeeming hi,; land h~· paying to the pnrclmser the amount requirPd by law tn lw paic\ Hhall be <'ntitled to a credit, for nse in payment of fntnre taxrs, for t.hc amount expended by him o\·er and above thr tax without penalty at the reduced assessment. In case the land ,;hall have b<'en pt1rf'hased by the GovC'rnment, the proceedings shall he b~· the pro\'incial board derlnred null and ''aid, and the titl1· shull l'f'\.f'l'l to the delinquent taxpnyPr on pnynwnt of thr amount due on the nssessment, as redurrd in aC'cordnncP with thf' tl'l'lll"' of sertion fin of this Art, heforr NovPmh<>r first. nin<'h•Pn h1111drl'd ancl four. ~t-:c. !l. Tlw public good rl'qniring the speedy enactment of this hill. the p11s•mgc of the same is hereby exp<'dited in accordance with sl•dion two of "An Act pr<'scribing the order of procedure by the Commission iu the enuctmrnt of law ..... " pas~wrl S1•ptPmlwr twenty-sixth, nineteC'n hundred. 8E<.;. IO. This Act shall take effect on it,; passage. Enacted, ~.\.pril 4, l!l04. (No. 1101.J AX ACT AMENDING ACT NUMBERED 8EVEN HCNURED AND EIGHTY-SEVEN BY AUTHORIZING THE PROVl'N"CIAL ENGINJ<:;ER OF THE MORO PROVINCE TO PlJH,. CHASE SUPPLIF.8 IX THE OPEN i\L\RKET CNDER CERTAIN CONDITrDNS. JJ.11 authority of the United Ntatcs, be it e1~etcd by tlic l'hilippi11c Cornmission, that: SECTION I. Section eight of Act Xumber<'d Spvpn hundrPd and eighty-seven is hereby amended by ,;hiking out the antcpPmiltinmtc sentence therein, reading: "ExcC'pt where otherwise 01·c\pred by the Civil Governor, upon the recommendution of the go~·ernor of the province, he shall make his purchas<'s of supplies through the Insular Purchasing Agent," and inserting in lieu tlwr1>of the fol· lowing sentence: "He shall mak<' his purchases of supplies through the Insular Purchasing Agent, except whel'e otherwise cxpn•ssly authorized in writing by the governor of the province, such authorization to be granted only in thosr cas<'s where, in the opinion of the governor of the province, an economy of time or of money will he effected thereby: Provided, however, That all purchases in the United States shall be made through the Insular Purchasing Agent." This amendment shall be retroactive so as to authorize all pur· chases made in accordance with its provisions. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hel'eby expedited in uccordunce with section two of "An Act pn•scribing the ordf'r of procedure by tlw Commission in tlw t'UactmPnt of law,;," pas,;crl Spptembl'r twenty-sixth, ninPteen hundred. SEC. :t This Act shall take effect on its passage. l•~m1ctPcl, April 4, 1904. [No. ll02.] AN' ACT J<;XTENDING THE TIME FUR TJ-rn PAYi\rnNT OF THE LAND TAX IN THE PROVINCE OF !LOCOS SCH. FOR THE YEAR NINETE:J<~N HUNDRJ<;D AND THREE UNTIL APRIL THIRTIETH, NJNETEEN HUNDRED A.:.'JD J<'OUR, AND PROVIDING FOR THE REFl1ND 01.<' PENALTIES ALREADY PAID. By authority of the United Stafrs, be it t'IUteled by Ilic l'hilippi11c Commi.s&ion, that: SECTIOI\" I. The period of pn.yment, Without pennlty, of the land tux for tlw y<'ar nineteen hundr1•d and three in the Provine<' of !locos Sur is hereby extended to April thirtieth, ninetPen hundred nnd four, anything in previous Acts to the contrnry notwith· stnnding. All penalties heretofore collected for the nonpnyment of the land tax in such province for the year ninetPf'n hundred and thrPe arc hereby remitted, and the prm·incial tr<'l1surer of tlw province mentioned above is authori7.Pd and direct<'d to allow a r<'bnte of the amount of such pennlty to th<' tnxpnyer 1111011 wl1om the penalty was assessrd upon payml"nt of his land tnx for the renr next rnsuing. SEc. 2. The public good rrquiring the spepdy <'llHC'hnent of thil> bill, thr pnssage of tlw ~um<' is hereby expedited in accordance with Sf'ction two of "An .\ct prescribing the order of procedure OFFICIAL GAZETTE 291 hy the Commission in the enactment of laws," passed September tm•nty-sixth, nineteen hundl'cd. S..:c:. :l. Thi>; Act shall tak<' effect on its passage. E11aci1•1I. April 4. l!J04. I So. 1103.1 .\::\ ACT AL"J'HORIZIN'U THJ.; PA"L\IENT OF A 8ALARY OF O::\E I-IL::\DRED PE808 PER MONTH TO THE PRESllJEXT OF THE :.\1US1ClPAL BOARD OF HEALTH OF D.-\ET. l'IWVJ::\CE OF Ai\IB08 CAMARINES. /:!f aulltoril,IJ uf thr linifc1l Hta.tcs, be it e11uctcd by the Philippine Uommissfon, that: HEcTIO;>.; I. The payment of a salal'y of one hundred pesos per month to the president of the municipal boul'd of health of Duet, J'r(ffinc" of Ambo,; Camarines, is bereby authol'ized, the provisions of .Act Numbered Three hundred and eight to the contrary notwithstanding. S•:c. 2. The public good requiring the speedy enactment of this IJill, the pa!:isttge of the !:iame is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. 8Ec. :l. This Act shall take effect on its pussage. Euaeted, April 4, 1904. [No. 1104.) Al\ AUT 80 AMJ<~NDJNG 8ECTION THIRTY-THREE OF ACT NT.:\fBERED ONE HUXDRED AND THIRTY-SIX AS TO PROVIDE THAT THE REPORTS OF THE DECISIONS OJ.' THE SLJPREME COL'.IlT SHALL BE PUBLISHED IN BOTH THE ENGLISH AND SPA~ISI-1 LANGUAGES, BL"l' TllAT THE DECI810N8 IN EACH LANGUAGE SHALL BE BUL'XD SEPARATELY INSTEAD OF IN THE SAME VOLlJl\IE, A8 NOW I'IWVIDED BY LAW. 11!1 uuthorit,11 of the United Slates, be it enacted by the Philippine Commission, tluit: 8~;cTION I. 8ection thirty-three of Act Numbered One hundred and thirty-six, entith·d "An Act providing for tlw organization of courts in the Philippine Ishrnds,'' is hereby amended so as to read as follows: "l::'~:c. ;J:l. In Khat lanyuuy1~ case1' rcported.-Until the first dn~· of .fanuary, ninetef'n hundred and six, each cnse shall be reportecl in both the English ancl Rpanish languages, and the decisions shall ht> bound iu sepaJ"ate volumes, one ,·olume containing tlw decisions in the English languagl· and the other in tlw 8panish lunguagt•. After the first day of ,January, nineteen lmmln·d and six, til<' tlec•isions slmll ht• published only in the English langung<'." H~;c. 2. The public good requiring tlw s1wNly enactment of this hill. lll<' pas-;ngc• of the :mnw is h<>r<'h~· expedited in accordance with se('tion two of "An Act prescribing the order of procedure hy the Commission in the enal'tnwnt of laws,'' pussed 8epteml>er l\\"1•uty-sixth. 11i1l<'tC'l'll hundrl'<i. H~:c. :I. This Aet shall takt• efft•t·t nn its pnssngf'. Enndl'li. April 4, l!JO-l-. [No. 1105.] .\:\ .\l'T J.1.:(L~LIZl'.\t: Tl-IE .·\l'"l'ION OF THE MUNICIPAL BOARD 01" THE l'ITY OF ~·IANILA IN DIVIDING THE TEHlllTOH.Y OF THE CITY OF MANILA INTO THIR· TEEX DIRTRICTH. ..\HRIG~IXG THF. NA~mR AND DEFlNl:\'G TllE H<Jl"XD..\Hll•:~ OF EACH OF RAID Dl8THICT:-:. Uy •rnthorit.11 of tfw r:ui/l'd •"'latcn. li1' it cmu·frd by tire P11ilippi11e Commi11sio11. that: l"KC'1'JO'.'i" I. Tlw nl'tion of th<' Muniripnl Bonni of the cit)' of Manila in adopting a resolution on the thirtieth dny of .July. nineteen hundred and two, whereby the territory of the city of :Manila was divided into thirteen districts, to be known m; Tontlo. 8an Nicolas, Binondo, 8anta Cruz. Quiapo, Sun Miguel, lntrnruuros, Ermita, Paco, 1\lalate, Pimdacan, Snmpaloc, and Santa _.\na, and defining the boundaries of i;aid districts, is hereby ratified um.I confirmed, and the names and boundaries of the districts as named and bounded in said resolution shall be the lawful names and boundaries of such districts for the purposes of administration, the description of property. defining the limits of such districts for the purposes of represl'ntation on the Advisory Board of the cit)' of Manila. and for all other purposes. SJ.:c. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby f'Xpedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed Septembf'r twenty-sixth, nineteen hundred. 8Ec. 3. This Act shall take effect on its passage. Enacted, April 4, 1904. [No. II06.] AN ACT TO PROVIDE FOR A SECOND REVISlON OF THE ASSESS!l'1ENTS UPON REAL ESTATE IN THE PROV· INCE OF CAVITE. Whereas it appears that certain classes of lands, buildings, and improvements in the Province of Cavite have not been assessed in accordance with their hue value; and Whereas it further appears that the provisions of section five of Act Kumbered Five hundred and eighty-two were not fully complied with by the board of revision for Cavite, appointed under said A.et Fi\"e hundred and eighty-two, thus depriving thl' rl'sidents of certuin municipalitie!:i. of the Province of Cavitl' of the rights provided by said section: 1'ow, therefore, /l!f (IUt/writy of the Uniff'd •"'taif's. lie it c11actcd b!f t11e Philippine Commission, that: SEC'flON I. Then• is hereby crnated for the Province of Cnvite u new board of tax revision, which shnll consist of the thn.'<' members of the provincial board of the said province. SEC. 2. The powers and duties of the new board of tax revision in the Province of Cavite shall bP. those prescribed for the provincial board of revision by Act Numbered Five hundred and eighty-two. entitled "An Act to prnvide for the partial revision of the assessments upon real estate in the municipitlities in the Philippine lslunds outside the city of )fanila,'' ns amended by Act Numbered Six hundred and ninety-three: Provided, however, That the dates specified in the sitid Act, ns amended, shall bto us provided in section thre<' of the present Act. SEc. a. ThC' llt'W board of tax revi,.;ion shall ht• orµ-anized upon the passage of thi,.; Ac·i or u,.; soon therl'after us possible; ti\(' time fixed for receiving- am! lwnring eomplnints shall be not earlier thnn fin d11ys ufter the organization of the new bonrd of tux revision und not later than the thirtieth dnr of June. ninetl'en hundred nnd four: the eertification by the new bonr1l of tax re\•ision of a list of the chnnges made in the previom; nssessml'nts. together with a list of the totnl assessments of the taxable lands Rn<I improvement.-> in each munieipalit)', pro,·ided for in section l'ight of Act Xumbered !<'in hundred and eighty-two. shall be made not \ntl'r thnn tlw liftl'enth day of July, nineteen hundred nnd four. on whirh dnte _the m•w board of tax rP,+•ion shall <'l'llSI' to t'XC'reisl' nny powt•rs undl'r this _.\d: nm! tlw pnyment of the Jnnd taxes in tll<' Provinl'e of Cavite for the y1·ar nineteen hundred 11nd four shnll be mndl' prior to tlw first da~· of October. uinetl'en hundre1I und four. thl' provisions of sel'tion seventy·fonr. 11s unl<'mled. of the l\Iuni(•ipal Code to the t'Ontrary notwithstanding. In all otlwr tlatt's nnd periods of time specified in Act Numbered Fino hundred and eighty-two, us amended bJ 292 OFFICIAL GAZETTE Ad. Xumbt~n·d Hix hundl'c(l nnd ninety·three, the words "nine\PPll hundrc·d and fonr" shall be sub.~tituted for the words ''11i1u•\1•1•n l1unclr<'d and lh1·1·1"· for the 1rnrpos1•s of lh<> pre"wnt Ad. St:c. 4. In :111 1·as1''' in which land in the Pro\'illl·e of l'avite asse,,,;ed for tlw vear ninelPl'll hundrt'd and two or the year niuet<>en hun<ll'('tl ~nd three was nssessed at more than fifty per 1•Pnt11111 ahon• thr valuation madl' by thl' new board of tax n.•\'ii<iou, the prnvim·ial hoard is hereby authorized and required to n'<l11<·1· tlw a,.;sessnu•nt. for the year 01· years in whi<'h such PX<-t~ssin· as>wss1m·nt or n10r1• than fifty per l'C'ntum wns madP, to Uu· amount fix{'(! hy thC' new board of tax re,·ision for th<' ,.;1111H• land for tlw veur ninetet'n hundl'ed an<l four, and tlw provinc·ial trl'<Hilln·1· sh~ll compl3· with the ordn of the 1n·o,·incial hm1rd hy making tlw r('(hwtion upon thC' rreords of thr muni(·ipality and province. 8~;c. 5. In all l'ases in which money has been paid upon the ex('essin• as1-;essment as desl'ribe<l in the section immedhllely preceding, it shall be the duty of the pro\·ineial boanl to allow it credit of the amount of such excess pa,nnent lo be applied upon taxes due for the y<•in ninete<·n lmmlretl am! four or tlw ll<'Xt suhs<'qnPnt year or years. 8~:c. U. Jn east• the tax has not hePn paid on the 1•xcessi\·C' assessment or ass!'ssrnent;;, then thl' tax payer 01· the 1wrson from whom tlu• tax is dur shall h!' nllowed to pay the tux on ilw n•d111•r1l assessml'lll without penalty at any time befo1'l' Ol·lober lirsl. 11inetre11 hundl'r<l and four; u.nd all pro('eedings for the sa\1• o( land he(•ausr of thr 1k•liuque1wy .of pnynwut 011 thr ex· (•pssin• ;1ssessnwnt or asse:-;smt>nts as dt•fined in section four shnll lw disC'ontinuC>d a111I hrld fol' mrnght, and the title to the land shall n•main in lhl' d(•\inqurnt tnxpay('I'. suhjed only to the lien for taxi'.-; on thr asst•s-;nwnt or ass(•ssmrnls as rrdul·ed in nc1·ord•HIN' with srl'tiou fuur hen•of: l'roi;icled, That if thl' amount of bna•:-; due on thr l'rdu(·Pd ass1•!-:-;111ent or nssessments is not paid hrfore Od.ober lirst. ninetceu hundred and four. the snme prol'rdure shall be followl•d in their l'Ollel'tion us in othN ensP:< of d1•\inq11ent taxes. SEC. 7. In e11s1C"s of rxcessiVl' laxation described in section four h('l'rof in which tlw land shall IHl\"r brt>n sold to a third person for failun· to pay tnxl's. thr delinq1~ent tnxpnyer upon rcdPeming his land h:r paying to the 1mrdrnsrr the nmount rPquil't>d hy law to ht• paid shall hr C>ntitled to i~ eredit. fo1· use in payment of future laxes, for th<' amount 1•xpend1•tl by him on•r nnd ahon• I.ht• tnx without 1w1mlty nt the rrd1wPd 11ssessnwut. In 1'11sc t.lw land shall lul\'r het>n purC'lmsrd by the Govrl'nment, t.J1p proc1•1•tlings shall bf' by thr pro\"incinl board dPclared null and void, and t.lw tit.It• shall re\·Nt to thr delintJll<'llt tnxp11yer on puymrnt of the amount due on thC' nssri-;smrnt 01· ussrssments as l'educed in ae<·ordanc(• with thC' l('l'ms of seetion four of this Act, hefon· Oetobrr fhst. ninPtl'('IJ hnndn·d and four. :-;El'. 8. Tiu• puhlie good rt•(pliring thr sprt'dy t•nnel111C'nt of this hill, the p11ssag1• of tlw "'"Ill(' i~" hf'rrby 1·xpC>dit<•ll in ;H·eordurn·t• \\'ith ~wction two of ".-\n Al·t prrfwrihiug t.hr onl1•r of prol'echn·(' hy tlu· Commission in tlw ruudnwnt of lnws." passc'(\ SrptrmhC>r \\\·ruly·sixth. ninl'tt•(•n hnmlrrd. Ht:c. !I. This . .\(•l shnll tak1• ('ffn·t on it.; p11s,;a1.w. En11drd. April fl. HlO-t. I \'o. I IOI. I A:\ .-\t'T FIXl:\U TllE :-;.-\LAHIE:-; OF tn:ntRTERS OF DERDR IX Tiii<: SE\.ELL-\1. l'HOVl:\CES. ~\PPOIXTJW I\' Pl'R· SL\:\'.('E OF THI·: l'HO\'ISIOXS OF THE L . .\:\'D REGll':TIL\'l'IOX .-\l'T. /1.11 1111//wrily of llH' l 'nilf'd Nlrt/1•,\•. /,,, ii 1•1u1f'/nl /Jy /lw l'hilippi111· ('011u11iN.~io11, llwl: SM·TIO'." 1. In JlUl':<\UllH'P nr \\w provi:<ions of sC't·tion thirlt•Pn of .\d X11mht•r1•d Four hu11dn•1l nml ninrty-,.ix. tlw Lnnd H1•gi,.tr11lio11 Ad, tlw suluriPs of tlw srvrrnl n·gish•rs o~ d(•t•ds for tht• prO\•inces are herl"'by fixt•d at the following Mlm.'i. in monPy of tlw United States, for l'nch of the provincPs, nnmPI:.·: Ahra. fin hun· dred dollnr.-;; • .\lbay, right hundred dollars: Ambos CamarinPs. nirw hundred dollars: Antique, five hundred dollnrs: Untauu. tin• hundred doll a l's; Batanga;;, eight hundred dollars; B<·ng1wt. liw hundred dollars; Bohol. six hundred dollars; Bulacnn, ni1w 111111<lred dollars; Caga:van, 1•ight hundred dollar"; Capir.. fin lnmdred dollars; C11\"itr, eight hundred dollar,;; ('ell\!, 01w lhou,.;;11U\ two hundred dollars; Moro Province, nint> hundred dolliH.'4; ]Joeos Kort<', sevl•IJ hundrPd dollal'i>; Jloeos Sur, nin<' hundr<'cl dollar,.;: lloilo, one thousand two hundred dollars; lsnbPln, fi\'t• humlrf'd dollal's; Laguna, six hundred dollars; Lt'yte, one thou:<and dollars; Lepanto·Bontoc, liw hunched dollars; ::unsbatl' li\'r hnndn•d (lolla1·s; :\lindoro, li\"r hnndrt>d dollilrs; :\li,.;ami...;, li\·r hundred dollul's; ~ueva Eeija, six hundred dollars; Nue,·a Vir.ca3·11. lin• lnm· drcd dollars; OccidPntal Xegros, one thousand two hm1cln•tl 1lollars; Orientnl Xegros, se\"en hundred dollars; Pampanga, ninC' hnndrf'd doJlars; Pangasinan, Oil<' thousand two hundrrd dollars: l'aragua. tiv(' hundred dollars; Rir.al, spven hnndrl'd dollars: llomblon, five hundl'rcl dollius; Kumar, right huiulrrd dollar.-;: :-;orsogon, l'ight hundn•d dollars; Kurig.w. fin• humlrl'd dollars; 'l'arlae, s(•vrn hmuh·l·d dolla1·s; Tayabas. om· thousand dolhirs: l 'nion. fin• hu1uln•d dollars; and Z11mbalt>s, fin• lnuulrl'll llollnrs. SEe. ~. The Ci,·il Go,·rrnor shall not appoint a n•gistl'I' of dt•1>1J..; for auy of thr prm·inet's in this Act named whNC' tlw salnry i .... fixt>d at fi,·1• hundn·<l dollal's. unless in his judgment tlw bnsint>ss of lane\ rrgistration iu such prnvinct' shall hreonw of sullieiC'lll importnnc1• lo warrant tlw nmintenance of a separate ollict• of rt>g· istC'r of derds thPn·in. :\h•anwhile in sueh province.-; tlw duti(•s of regi:-1tt>r,.; of deeds sh11ll continue to be pt>rformrd h.'· pro,·ineial lrt•nstll'l•rs in accordance with existing Jaw. :-;El'. :I. The public good rrquiring the speedy rnactuwnt of thi,.; hill. tlw passage of the s;Hllt> is hC'reby expeditPli in nccord;m<·t> with s(•ction two of ''An .-\ct prescribing the ordN of prOl'(•durr b~- thr Commission in the rn;1eluwnt of lnws," pnssed Srptr111hn tw('l1ty-sixth, nint>tren hundred. SEl'. 4. This Act shall tnk1• t•lf'l•('t ou its passuA't'. EmwtC>d, • .\pril :>, 1904. EXECUTIVE OUDERS. THE GOVERNMENT OF THE PHILIPPINE JSLAND8, EXEClJTIVE BU REA l". RxEC';~~·E15~ao~:R} The official rate for the redemption of Spanish-Filipino currency and its acceptance for public dues from and after April eleventh, nineteen hundred and four, and until further notice, bi hereby fixed at the ratio of one peso and thirbeen centavos, Spanish-Filipino currency, for one peso, Philippine currency, or it« equh·alent in Unite<l St.ates currency. Mexican pesos will be receh·ed in exchange for Philippine currency at the above-authorized rate of exchange between SpanishFilipino coins and Philippine currency. Tl-rn UOVEH.l\MENT UF TllE PHlLl1'1'1NE ISLANDS, J<;XECUTIVE BUREAU. MA:-flLA, A.pril 8, 1.904. Ext:c~T;~·E1~Rn~;11 } l'amgrnph t.wo of ExPcutin• (Jrdt•r \u111b1•n•J Eighty, series of ninetRen hundl'ed ;rnd two. is hereby amended to read ns follows: "For tlw information of thr Will' DPpo1rtm<'nt anti (li~tl'ibution OFFICIAL GAZETTE 29:3 therefrom, one copy {if each circular, ordinance, regulation, report, serial ordeP,- br other public document, including those 1·ontaining informetilon as to the establishment of new postofficcs, construction· of high\vays, harbors, and other public: improvements, data ·co1•retiting existing maps, or in connection with the general knowledge of the Archipelago, not printed. and at least twenty-five copies of each such publication which is issued in print1•d form, and such additional number of eopies as it is probo.hlP, in vil'w of the ehararter of the document. will be J'<'quircd for rlistrilmtion. emanating from the various Bureaus and Offices of this Government. will lw. forwarded through the rnmal official channels to the BurPau of Insular Afl'ahs of the \Var DPpartment, \\'nshington. District of Columbia: P1·ovitfrd, h<m;c1w1·, That fifty copies of e::ieh pnhlicution issued by the Hureau of Agricnllure. the Fo!'f•slry BUl'eau. or the Mining Rm·pau, of interest to the general public. will hl' forw!lrded." LUKE E. WRIOHT, Oivil Got;crnor. DECISIONS OF THE SUPREME COURT. [No. ior;s.] 1or1-:n.1 UN.\"f-.'l)J("/'O, plaintiff 1111d 11pw·llcc. rs. /;'N'l'NH.1.\" /H\' LI N:l.l/:I, 'fr{1'1ulrl11/ rim/ 11111wll1111/. I. APPEi.i.AT•: l'uoCF.llt'nE; MoTIOS ··011 NEW THUL; GllOl'ND!i OF MOTION.l'.nder section .4!1f of the Code of Vivi! l'rocedurc, lo justify the Supreme Court in rcviQ'lt'ing the evidence 1md retrying the questions of fuct, the ex<•cpllng, partY should Ille a motion in th~· Court of }>'iret Instance for n new trinl, b11sc~ upon the ground that the t111dings of ft\ct "wcre phiin\y and manifestly ugnlitst the weight of evidence." The overruling of a motion for u' new trial based upon the ground that the "el'idencc wu;; insufficient to ju;;tify the d<.'elsion" is b~· the pro\·ision~ of section H6, Code of Ci\·iJ Proc•cdure, an act of discretion on the pnrt of th<' judge and is no ground O( exception. :!. Ill.: ID.; FINIJINGS; C1tRlllBILIT\. or W!TNl'.9Sf:S.-The Supreme Court will not disturb the ftndlngs ol the lower court unless such finding i11 plainly o.nd manHestly against the weight of 1•1·fdp11ee, when the lim'llngs depend upon the credibility of witnesses. :t MAllli!AGf; AS[) Ill\'onn:; CmmoSATIOS; RF.CulmNATHIS.-Condonation in suits for divorce 1s rceognized by Law VI, Title IX, Pa.rt IV of the partidas, 1md where there luu; been a eondonntion of an offense th(• act which has been condoned can 11ot be Rel up as a bar in recrimination in n divorce ~nit for adultery brought against the pnrty who lm.'i condoned the offense. ~- APPRl.LATF. Pl\OC£]l\"H•:: NEW T11u1 .. -'l'hc Supreme Court mny, in the (•xerclse of its n.ppellntc jurisdiction, reverse the case nnd mn~· din'l'I the proper judgment to b<' entered. but where there has been a failure oi the lower court to make a sufficicntlinding of foci, or where there Rre defects or omis.'llons in the pleadings which may be remedied by nmendment, or ll"here there iR a possibility of supplying defects in the proof, or where the case has 11ot been fl1llr de\·e\op1•d on the former trial, a new trial shm11cl h<' ordered. '.'\on:.--l"or mujorily s1•1• :! O(lil·inl U11zl'ttl'. png-1• llili. ('OOPEll, ,/., dissc11li1151: It i,; immnt1>rial wlll'lhl'l" n 1li\"(1n•1• ff me"1Mo cl thoro j,.; g01·1•nwd by tlw 111·m·isious <·011t11i1wd in Tit!<' JV of book I of t.Jw Civil Coch-. hy thr c•anonil·al luws. or hy the luws of the pnrtidus. l'mll'r 1•ac·h tlw l0 aus1•s for dinll'I'<' a1·1• snh,;Lnnliillly th<' s1111w. QDI' of whid1 is for adultery. . Th<' eonelm1io11 re1wh1•(l by thl' nutjorit;-.· of thr eonrt i,; that hoth plnintiff and (l<'ft•ndunt ha\\'l' bt>('n b'l1ilt1· of iulnlfrn·. and thni J.h.M:.i•fo1·1• 1witlwr is f'ntit.1.-d lo rl'li<'f. . . ln t•ntering- upon 11 r1•vi1•w of tlw l'Yidt•JH•<' and u di,;(•nssion of this 111wstio11 it is ]ll"OjWI" to l"C'ft'I" to 0111· ,.\ntutt• npon tlw snbjeC't of n r1·1·i1•w b;-,· this l'Ol\rl. of ('1·id1'11c1•, 111111 to dl'tt>rmi1w in what 1·ns<'s it is nllow1•d uncl th<' n1Jps whic-h J.!Ol'l'l"U wlwrt> s1wh rt•\'if'w is p1•r111itt<'d. It is proYid<'ll iu '''"•lion ~!lj of th<' Codi• of l'iYil Prol·t•clun• tl111t tlw HnprPnw ('onrt sl111ll not n•\'iPw tlw Pvidc•1l<"t' tak1•11 in tlw 1·onrl lwlow 1101· l"l'lry llw tJll<'!ilion!i of faet t'X<'<'Jll • H~•tvlnote~ hy Mr . .Jnstke Cooper. :t If the exeepting party liled a motion in the Comt of First lnstam·p for n 1ww trial upon tll<' ground that t.lw liutlings of f1wt \\"Pl'l' plainly nml manifl•stly ugninst llw wt•ight of 1•1"itl1•1\("l'. 11nd the l'Olll't O\.<'ITUll'd suicl motion und 1lm• l'X(•t•plion wa,.; takt•n to his O\"PITUling thP same, tlw Hupr<'llll' ('onrt n1:1y n•vi1•11· th<' <'Vidpm•P." ThP motion for a nP11· trial fil<'(I in thl' l"Ollrt hplow was lm,.;1•d npon the gronnd that the "Jincliug,.; of f1u·t W('l"I' (·ontrar;-.· to till' proof-; prro;ented on the tri;11." ls this u sulli1•irnt eomplinnC'e with llw provisions ahon• C'itrtl. it not ht·ing stated in th<' motion "that thf' Jindings of fo1·t WI'!"<' plainly and nurnifPstly ngninst tht• wright of l'VidrllL'<'~" If this pro\'ision of the Cod<' stood alone th<' failure to <·omply with this l"l'l)llirm1ent might lw r<'gurdl'll ns simply a tlefrl't in tlw motion, but (·onstru<"tl in ('OflUPt·tion 11·ith th<' othn provisions tlu• q1\1'stion h1•com<'s a tliffNt'lll 011<'. Under lhP pro1·isious of !if'('tion 14;) of the Coll<• of Civil Pro!"edllr<' tlw Coml of Fir,.;t lnstnnee may. at any linw during the t1•n11 ut whi<·h :111 aetion has been tried, s<'t n,.;id<' tlw judguwnt and grnnl a rn•11· lrioil 011 the grnund that tlw C'\"id<"JH·(' was insnfli('i<'nt to juslif;-.· the dt•(·i· sion. or tlrnt it is 11gnim;t law; but it i>; Pxp1·ps,.;ly prol'ided in this <·onneeliou by !iN•lion l4ti that the on•rruling or µrnntingof <I motion for 11 nc>w trial shull not b<' 11 groull(l of <'Xt•Pption, "but shall be del'med to hu\·(' bt'<'ll au ~H't of diser<'tiou on tlH' p11. rt of the judge." But f'Ven if the conl'lusion should be reaehecl thnt th<' motion is sufiicienl to authorize n review of llw e\'idt•m·<', still this court must be restri('tetl in reviewing tlu• <'1·itlene<' and in rl'trying the fa<'t!i by the prnvi.1ions contained in c·lause ::!, o;ection 4!)9, untl the jm.Jgm<'nt of th<' iower (·ourt shoultl not lw rPn•rs<'d nnle;;,.; tl11' findings of the court w1•1·1· plainl;-.· and manif1•,;tly ui.,YJ.1in,.;l t.lw weight of e\'itlPnee. It is \'ery elenl" from tlll',;<' pro\·isions it wn,.; tl11• inlrntion of the legislutive <l<'pnrtnwnl tl1-1t llH' limlings of fa('t 111ad1• bx a jutlg<' of tlw Court of !<'inst Jn~tanee should bl• l'lltitlecl to 1111 th<' weight that a venlil't of a jmy hns in thos<' jurisdietion:< where jury trials prevail, am! tlmt the finclinb>"S of fot't, lik<' tlw 1·1•rdict of the jury, should not b<' tlistnrlwd wlw1·<' tlw e1·idem·p is nwrely l'ouflicting. Tlw rl'ason for thi!i i!i that tlrn 'tri11I <·ourt. hnYing LIH• witnesse!i hrfo1·C' it, is most eom1wte11t to judge of tlw W<'ight to h<' attnd1ed to llwir tt·stimonr. nnd that it is not sultid<"nt that t!IP nppellntf' l'Olll"t. looking. al their testimony ns it i..; written down. would ha1·1• l"OlllP to a differ<'nt ('otlC'lusion. Where ther<' is 11 din•l't and substnntinl contliet, untl the tleterminution of a q1wstion d<'pends on the eretlibilit;-.· um! wright to h<' gi\'ell lo tlH' tRstimony of witn<'SS<'s, the rule is tlw eourt will imt set a . .;itle thP lindings 1•1·(•11 where tlwy might hnYI' fomul the other wny. That tlw 11n<'stion of 1·redibility of witnesst'S is for tlw ('0\ll'l below. und not for th<' appl'llnh• 1•onrt. to dPt<'l'minl' j,.; support<'d hy dt'(·isions of mun;-.· c•ourts of th<' l'.nitl'd Stall•,;. ·H is on account of tlw supPrior nwans thnt n trinl judgt' Jm,., hy reuson of the pr<'sem·<' of thP witm•ss('s, 11nd thr obsPrnuwt• of tlwir demeanor while tl'stif_ving. that !illch a rnll' <'Xists. It 11ppe11rs from llw (l<'l'ision of the lrinl judge that lw ph1('(•(\ no liltl<' strps,; upon lhr appt'a1"1nl<"t' and denwnnor of thf' wit1wss1•s. \Vith r<'fl'l't'IU·t• to 'the tt•stimony of tlw \1·omnn Apo· loniu • .\urclio. upon thr l'l"t'(\ihilit\" of who,.;e testimony thl' ('ast' as to tlw 11clnltt'l'_I' of tlw plaintiff 0 lnrgely n':<b, h<' say:: '"Thut the testimony of this woman Apolonia is too nm·Nlnin and too suspicions to ju,.iify any 1·onrt in dN·lnring tlw plaintiff guilty of ndnlter;-.-'. <'spN·inlly Wht'll thl' worthlesHll'!ls ancl th1· dubious l·hnrnct<'r of llw lt•stimony of thl' other witm•sse;; for tlw (ll'fondnnt on thi!i suh.ket i111•n•11st•s the probnbilit;-.• of tlw 1•xish•1w1• of ,.;OJnething in tilt' natm·" 1">f a (·on:<pirncx to 1IPsl rny thl• <·nst• of thl' plaintiff 1111d support thnt nf tlw dl'f<'1Hia11t iu iht• pn•st•ni ''Thl'n• ;\rt• oth(•r 1•011sitl(•1·atio11,.; in tl11• p\·ici<'nC1'. us \\'!'I\ as in till' allnosplu•rt• of lht• <·ourl room nml tlw 1/t·1111·111wr of llH· 11111·/in; <luri11y tlw ll'iuf, 1rhic11 i11c/i11c1/ 1/11• eow·t lo bf'iil"n" 11/ 294 OFFICIAL GAZETTE I hat lime /hut the true fuels of llWt (J(l.8C u·ere u?itl~ tke plaMr,tiff." :\gain, lw says: "Thi,; t·onrt drw,; not lwsit.utc to 1>ay thnt the attitude of the pl1ii11tiff wa,.; sn«h as lo impi'l'.'is the court.. \"ery favorably in her h1•hnlL :\ol a parti1·lt· of ,-imlictivencs;; toward till' 1111111 who, ;1,, slu· ht•lic•v1•s, has :;o nnjustly lr<'aled her, was exhibited by her; lier c·ntin· h('aJ"ing was that of a modl'st. retiring. self-respecting, am! 1·011>wi1•11tious woman." .\g-aiu. "\J('aking of thr LC'stimony of thr woman Apolonia, he ·"L'lw plaintiff a1ul lhl' planliff's mother hoth ;;wore that thili \HlllHlll, .\polouia, m•n!l' t·ommem·cd Lo work for the phtintitf until aft1·r the year 1893, after the couple h:ld scpamted, und that she was llll'n S<'lll hy tlw huslia1ul to the wife a:-; a :-;ervnnt. The wife al,.;o . ..;ays that trouble arose b1•t\n~cn her and this woman, Apolo· nia, ,.;ul1sl'il11t'11t to 18!1:~ by r1•11son of the fact that Apolonia W!lS about to nuuTy a man whom the wife disliked. This stlltement i,, not <ll'llicd by any of the dl·fcndant's witnesses. It therefore ,.;hows that a motive exishi on the part of this woman, Apolonia, lo iujure the wife. There is also evidence in the case tending to :-;how that thb woman, Apolonia, received a large sum of money ,,]iortly lwfort• the h'ial of this c~lSC', which money came from the def1•nda11t or some of his agents. The court, however, docs not n~gard this testimony as ol great importance, because it is too \"aglH', lmt the other testimony is very important. 7'he attitude o/ tlw u:uma11, .tlpulonia, 011 /he u•itne.<is stand was apparently h111;/ile lo tlle p/<1.int-iff." A11 (•xnmination of the evidence of the ease not only shows that !ht· findings.of fact by the- <...:ourt of First Instance are not plainly and irnrnifl•stly agaiu,.;t the \\·eight of evidence but the prepon1len11wt• of (•\·idl•lwc st.'<'llls in favor of tlw plaintiff, especially upon t lw 1111estion of condonatiou. I shall not atll'mpt to review the muss of testimony found in !ht• l'<•t•ord. In vi1•\\' of the many conflicts occurring in the ,.,tat1•ments of tlw witnesses, the many inconsistencies in the tes· timony of material witnessl's; the suspicion cast upon some of the witue,.;sps-it j,., cleur thnt this is n cnse in which the trial j1ulge possessrd iulnmtngt>s far superior to those of this court in passing upon thl' t•rNlihilit,\· of the witnesse.'I who testified in the t·asl>, aml µ;an• dtll' w1·ight to snch as were entitled to belief, and the ru](• appli1•s with )IC'l'Uliar fon·e that an ll)JJ>l'llatr eourt will not 1list11rh tlw limling of n trial eourt wlwn tlW:it:' findinµ:s depend npo11 thP er('(lihilit~· of wit1wssl""'· l t is slut(•tl in llw majority opinion that tlw eonclusion that Ll1<' plaint.ill' was guilt~· of adultery was arrived at from n eon,;idP1·ation <'hie!ly of tlw iulmittt>d fact,; in tlw ease, the most i111porl1111t of which i,.; n h~tter \\Titten h~· the plaintiff to defendant 011 :\lnreh ti, 1890; that thi.'> \C'tter is considered ns practicnlly (·1melnsive agninst lwr. The entire letter, extmcts of which are gi\'('11 in th(• mnjorit~· opinion, is 1\s follows: ":\IY 1rnsl'E<'n:11 A:-in u=--~·011m:T·1·Auu: EsTF.11.1\N: Panlon that I dislurh your t.rnuquillity, JC that in the midst of n profound ,..1•nt inw11t that nfTli('ts Ill(' I find consolntion for my profound ;..:ri(•f iu :uldn·'"'"ing llw 1mm who lon•rl nw in the time of my ;..:oml fort mw. all(\ who l('(\ ml' to tlw altar b<·fo1·1' the <>ye!; of the lll'inµ. whom Wt' most love, (;od. Rl'lll<'lllb('r me: let foll down ;1 1lrnp of 1•0111pn.,sion from ,\·onr soul: look at Ill(' bnck agnin wilh ,\·our t·h('1•rfnl (',\'(•s :1t th<' \\"OHH\ll who is watching for ~·ou. I know \\'I'll tl1at .\·ou al'I' \'t'I".\' (\i..-gu . ..te1I with nw. and for just n·n~nn-l"or hadnJ! (•lnim<'cl rny 1wnsio11. He t•alm: 11uie-t ;.·onrself: r('ll1•1·1 for :i mmm•nt m~· situution. whi('h I will <'Xpluin to yon. "\\.hPn yon w<•nl In F.urop<' inotlwr w1>11t to "l'I' you to explnin our situation In yo11, nm\ ,\'Oil 1111.'"'Wt'l"('(\ tlrnt il Juul nothing to 110 wit.11 .\'OH. ~lw insnlh•(\ ,\'on. F.stehnn: ~·on had ren,.on to hi' <lff('IHl<'tl. ,.~ow, n'g-:inling my havin:i dC'mnndl'll mr prnsion, )'OU nre nlso in th1• riµ.-hl. h11\ p1ndn11 m,v imp1ul<>nee in statinµ: wlmt T haw• to .-:iv: "l swea1· to you, E., 11nd call God to witness, that when you went to Spain my pain was unbearable, thinking of my misfortune. I had become completely desperate, und Orozco wrote 011111 advirred mt• to deumnd my pem:ion in view of the fact that )'OU were going- to n•sidc permanently in Spain; thC'n 1 finally did commem·e proceedings in view of my desperate situation, and nothing further enme of the matter during your absence. '"lf the Lacsons, who wish me ill, have told you more they ha\·c made u mistake, for the truth about my comportment is that it cnn not be complained of. You can secure information regarding Ill,\· <·onduct during our sepnration here in Vnlladolid. ·· 1 keep yet on my facp the shame of what lms happcne1.L notwithstanding that it has been all'eudy nurny years since we parted. Therefore, my husband. forgive me; ernse what has happened; l"l'llll'mber mt' for God's love: behold our dark fate; in you 1 trust my future. .. IL I have heard that you have hnd some misfortunes. I send my s~·rnpath~·· although I nm unworthy of your presence. 1 also leaiw•d from Modesto that you do not wish to have my pension ,.;ent. lJo ns you wish. (jood bye, E.; take- good care of ~·ourself, nml eommand, .. Your faithful ser\'lrnt. Q. n. s. P., "Ao UEDA BENEDICTO. ··~fnrch 6, 1809. .. P. S.-On the 11th of February papa died, and delivered his soul to God after a painful illness." 'l'his letter, upon which so much stress hns l>een placed in tlw opinion of the majority, as showing the guilt of the plaintiff. rather indicntes that the writer was in a morbid state of mind. in great distress and dejection of spirit, n.nd, in her own language, .. complete!)' despernte." It shows a willingness to prostrate her:'it:'lf befor(> her husband, to subject herself to his will, to confess nny manner of misdoings whi('h will appease his wrath, and regain hi,.; fovor without regard to innocem•<· or guilt. This h; evident when sh(' say,.;: .. I know that you nrc disgusted with me for having claimed my pe-nsion" when it is remembered that the wife is entitl<>d to one-lmlf of nil propert;.· aequircd ns gains 1luring the nmr· riagt'. as community propci'l)'; that at the tim(' this letter w11s written, the hu;:;band ·was not only in the enjoyment of a large psti\t<• in his ,.;pparate right but was in the exclusive possession anti enjoyment of all of the comm1111it~· property uecumulatetl during eight years of marriage, one-half of which belonged to her, yet we find her eonfe-ssing her.-iclf as guilty for claiming a small pittance of what hclonged to hef, nnd apologizing for having tnkl'n at some previous time steps to compel him to do that which good eon· seipm•e should have dictatl'd to him ;ts just and right. It is hnrd to conceivl' that the letter was the result of remorse of cou .... t•if'lll'C' for sin,.; committed ng11inst the husband whl'n it nppt•;u-,.; from the r1•cord that the husband, after their sepnrntion, dming the space of te-n years, maintained illicit re-lations with no less than four mistre,.srs, three of whom bore him offspring: nnd that there hnd been a betrnynl of the confi(lencl· of the wifP, a m•ar relative, when n gil"I ll's;:; thnn 14 years of nge, which foet. n srnse of shame did not restrain the defe-ndant from disc\o.-ing in his tf"stimony on the trial of the ease. With referen('(' to thl' question of condonation. it will he se-pn from thl' dtatinn eontaine1l in the 1111\jority opinion that this doctrine is rerognized hy law 6, Title TX. Part IV of the partidas. lt exist.'> in tlw <>eelesinstical law and is l'Pcognizerl in the Unite-11 ~tnte,; and Engfond und in all l'onntriPs whe-rP 11\w,.; of (linH"re exist. Hut it is ;:;tated in thC' majorit,\· opinion that thC'n· is no law t.o lw foul\(\ in the pnrtidas whieh su~'s thnt tlw efft'rt of pnr1\011 wou\tl bl' ,.;o fal"-rl'tlching n" to mnke it npplil'nbl(' to this t'll"-1'. Hy pon1lonation thC' offending pnrty i.- rC'>'tor('d to t.hC' snnw position Ill' or she occupie-d before the offt•nsl' wns co111111itte(l. th<> only eondition heing that the- otf1'11s1• must not IX' r<>pent<>(I. To sny thnt the pffpet of pitnlon would not hC' so far-renl'hing :I" OFFICIAL GAZETTE 2U5 to entitle the plaintiff to dirnrce in a case like the present one is rquivalcnt to saying that because the plnintilT has been Oll<'C guilty she woulrl fon•ve>l' lose ]l(>r right to a divorce for offenses nf a like charneter thert>after committed by the husband. This makf's condonution conditioned not only thnt the parties receiving" it will not agnin commit the same olfense but it adds the further c•omlition that the party granting it shall forever have the right t.o c·oimnit the snmc offense himself with impunity. This q1wstion has ofl<'n bcrn before the courts. The American irnthoritirs nrc~ uniform t1111t a condoned offenAf', not being suflic>ient as a cause for divorce, is not a bar to divorce in favor of the plaintiff. (9 Am. and Eng. Enc. of I~aw, 821.) In Masten vs. Masten {15 N. H.) it is said: "Where the ,.,latutes arr silent upon this question the courts hold that as a f•ondoned offense can not he a cause for divorce, therefore it can not be set up as a bar in recrimination. In .Jones 1:R . • Tones (If! N. J. Eq., 33) it is said: "It is better to hold that when the erring party is received back and forgivf'n tlu" marriage contract is renewed and begins as res integer, and that it is for the party and not for the courts to forgive new offenses." Jn the case of Cumming vs. Cumming ( 135 Mass., 390) the court says: '•To hold otherwise would operate to some extent as an encouragement or license to the condoning party to commit offf'nses against the marriage relation; and would also tend to g"iw~ a constant sense of inequality between the parties with respC'C't to their legal rights. All comlonation is in a sense condi· tional-that is, there is an implied condition that the same offense :<>hall not be repeated. It is not. however, attended with thf' further Condition that the offender shall he disqualified from thereafter alleging any ground of complaint for subsequent misconduct against the condoning party. No such inequality should be established b~· an arbitrary rule of law applicabl<' to nil cases. Condonation restores equality before thf' law. If tht' injured party is willing to forgive the offf'nse the law may \l'c•ll give full C'ff Pct to that forgiveness and not t>xtend to suC'h part.1· ti)(' temptation, the encouragement, the license to nm t.hrough th(' whole calendar of matrimonial offense!!, without redress at the hands of the other party. We have not overlookecl the considemtion that an original adultPry by a libellant mny have had the effect to weaken the sense of the obligation of the nmrringe contract on the part of thr lihPIN", and that for this J'('n,;on a divorce nndrr such circumi;tanr~s ought to br J"('fuS(>(I. This considrrntion is of weight, and would drs('rV(' especial nttf'ntion if judicial discretion were to ht> PXercisrd in determining n casf': hut it is not sufficient to ovPrcom<' t\J(' controlling rf'nson,; in favor of thC' establishment of a general rule to tl1C' C"ontrar~··" A fi.ndinl! of th<' lower <'ourt agnim.;f. condonation would hnve hrcn plainly and manifest.ly against tlw weight of C'VidPnc<>. Tt is shown h,v the evidenC'P that the next day after the suppospd ndultel'y of the wifo the defl•ndant took his wife to the house of hPr parC'nts. Andra dC' la Rnma, the motil('r of the plaintiff. testifi.C's tlmt when th<' defPndant brought tht> plnintiff to her hons<' she snpposrd it wns on a vi:<>it; thnt they l"f'mninrd at hrr house about a werk; that during their stn~· the plaintiff and defrndant sll'pt in thr same room, and that tlwrt> was onlv OllC' brd in the ioom tlm t they occupied. . Thi' plnintiff testified that on this occasion she nnd her husbnnd rrmninrd t.og-<'thN at the housr of her par('nts from four to six dn~·s: that during this time the~· i:;]f'pt in thr snmc lx>d and hac\ nmtrimonial intercourse. Th<' clC'fC'l\!\nnt dr la Rama trstifiC'd that ])(' rrmnined nt thr hous<' of the plaintiff's pnrents onr dny and two nights: thnt he oeC'upil'd the same room nnd slept in n different bed. On hC'inp: ai:;ked hy the court as to the lrngth of time he l'emained wit.h hii:; wif('. he stat!'d that he remained thel'e one dnv and two nii:hts. more or lrsi:;, and when asked if he i:;Jept in. the> snmf' - - - - - - - - - - - - - - - - - - - room but in a differl'nt brd he ans\n>r(>(l that h<· wa,.. uol sun• that there were two f)('d,; in the room. This court has not only l"<'l°crscd the jmlgnwnt of tlw trial <-ourt hut has C'lltl'l'C'd a judi:mcnt ngninst thC' plaintiff. It is true that thP court nm~·. in the C'X('l°<'i,;1• of its app1,ll;1tc· jurisdict.ion, affinu, re\'l'l""r. or modif.\' any final judgmf'nt an1I nmy dir<'ct thC' pro1J('r judgment to hC' C'lltl'l'ecl. lmt \\'hf'n• tlwr1• hns lx>en failure of the lower court to make il >lt1fHC"i1>11t firnlin;..: of fact. 01· where tlwn• arc defecti:; or omii:;sions in the plf'ading,.. which may be remctlied hy awrndment, or whcr<' tlll'n· ii:; a po,.;sibility of supplying defects in the proof, such pnwtiC'c "honld not be followed. It is stated in tlw opinion that it, i:<> unn<'C'f'ssary to pass upon the quei:;tion of comlonation for two reasons: (I) Th<' t•onrt bC'low made no findinl!s of fact on thP subject. (2) Even if tlw c·onrt had found that the-re was eondonation. thi.'i woultl not l1;1n entitled the plaintiff to a divorce. I have before att<'mpted to answf'l' the fast ohj1•dion, _\,.; to the first objection-that is, that the lower comt nmdt• no finc\ings on the subject-if this bC' true the C"nse shou]c\ lw l't'\"C'l'"1•1I in order that a finding be mnde. To deprivP the plaintiff of tll(' judgment whil'h i:;lw hn,; ohtninc•tl nml make a final detf'rmination of thf' l.'as(' lwrr withont giving hrr an opportunit~· of ('OIT<'rtinl! this f'JTOI', if ~1wh C"xisb, i,.; inrqnitnble and unjust. (Xo. IH3 . .lnnunrr 11;, 19CH.) 1'llf,' UV/1'J.Jn S'l'ATEB. complainant, and appcllf'e. n: . .. if,/i'OV.~O :lRISON ET AL., defendants and appellants. ClllMINAI. LAW; THEFT: Acn:s.~Olt\" AFT~:R TBE FAC'T.-To justify n conviction of the olfense of being an a<'cessory t\ftcr the fuel to the criul(' of theft the proof Inllllt show that personRI property w11s actunlly stolen an'1 that tlw accused, with knowledge of this fact, either avnilcd himself of the stolen property or aided the thieves to do so, or performed acts ten'1ing to prevent tlw discovery of the crime or to protect the principal~. APPl~AL from a judgmf'nt of thr Comt of First lnstnnce of lloilo. The facts are statC'd in thr opinion of th<' court ENRIQUE LLOPIZ, for llflJ>Pllants. Solicitor-GC'nl.'ral AllAX~:TA, for appelll'<'. ToDRES, J.: On the 8th of ,funf', l!JO:t tlll' pro\•inei:1I liscal of tlw (\i"tri<'t of lloilo filed nn information in th<' Court of l•'irst lnstaucC' of that di,;trict chnrging the defendnnts, Abison, ,fuares. and Cf'lf'stial. fl'i acc(',;,;ories 11fter thr fact to thr crirn<' of theft in that. on tlw 21st of December, 1902. notwithstanding thr faet lh;1t tlw tln·r1• dc·frndnnts knew that the thr('f' l"nrabaos pn•s1•11trfl to thrm hy ~11sa110 Acasio, Bf'nito Albao, and 1"lor1•ntino .\postol \\"1'1'<' not th1• prnpnty of the latter. hut Juul lwf'n takt•n from «t>rtain nmlt•factors h\· the said Acnsio and Apostol in an <'Xprdition whieh thry m;uit• into .the forest as members of the Constahulury, thr ,'inicl (\pff'ndnnts, nevertheless. issued cntificates of own«r,;hip in favor of t!H" mistresses of tlu• said Constnbulary nwn awl put the muni<'ip11l hrnnd of tlw township of Lf'mer~· on tlw c•arnlmo,; in ordf'l' thnt t11i• ,;aid Acnsio, Albno, and Apostol might nppropriat(• to their owH use th<> said carnbno,:;. Albno, Apostol, Faustino Rosnl<'s, nm! l\fareelino Bayona were cited a;:; witn('SSl'S for the pro:<>ecution. From the evidencr intl'oclnc('d during- the trial it 11p1)('nr,; thnt one clar in the month of DrcrmhC'r. l!J02. 8usano Arnsio, B('nito ~\llmo'i aml Florrnti1m Apo.,.;tol. f'onstnhnlnr~· ;;oldi1•r.~. whilr ,;(•out· ing in the woods, C'nco1mtred six unknown mf'n. wl10 took to flight whrn fired upon; that thc>s<' 11\C'll hnd in thf'il' posi:;(',;sion four earn· baos nnd a horse: that Acni:;io, who wns in eommnnd of tlw ,;quad. upon his rf'tnrn to th<' town turnf'd the hor,;e nncl onr of tlH• l'llrn· !mos m·rr to Inspf'elOl' Helt nnd ord('red thnt the three carnbaos be taken to the towu of LrmN,\", whrr(' tl1r tlll'eC' Constabuln.rv men npp<•ar('d heforl.' the pr<'sidt•nt aJH\ the municipnl treasure~· and 296 OFFICIAL GAZETTE obtninl'rl from tlJ('IJI cn•d1•nti11ls of mrm•r,,.hip in favor of their mi:itn•,;,•ws, whi1·b ;;aicl cn•(lt•ntials \\'i'l'(' signed b:.· the president and lrl'asui·<'r. a,; al."o by tlw municipal sl'cr1>tar,\·. The Constabular:.· 1111•11 tl'stificd that thC' sccrdary knrw that the carnbao.<; had been tak•·n from thi1•v<'s in thl' woods and that although the dl'ft"ndants at Jir.;t n•fw;ed to i.-;;;uc th<" C('rtificatC's they subse11uently consc•nt1•d to do 1.;o in \'il'w of tlH' p1•rsistPnce of Acasio, who assured t]l(·m that IH' would he 1·espousihl1• for what1•\'l'I' happened. The• ddrndant:s ple11dcd not guilt,v and as witnesses for the ih·fr•11,_,. li•"tilic•cl unch•r oatl1 that wlwn thcsl' thr<'<' Constalmlnrr 11w11 l'>\llll' to lhl•m with the• 1·a1·:1h.io..; th1•y ussun•d tlwm thnt thl'y had purclrns1•1I llw c·aralmo" i11 tlw Prn\'inct• of Capiz. but when 1111•y w1•rr a . ..;kc•d to show tlu•i1· c•c•rtilic•at<'s of owm•rship Acasio rPplil'cl lhat thl',\' hacl nmw; tl1al llw d1•fC'nclanb therl'upon told him that they couh\ nol issu(' an.r certificates or brand the cara· lmos; that Acasio tlwn g1n"I' tlwm lo nndt•rstand that, as thC' com· manding ollicl'I' of the po:-<t. it wa:-< his duty to make inquiriC's into m11tt1•rs ('OllCPrning stoh•n stock and commenced to make threats; thal in \'il'W of this al•lion on tht• part of the Constabulary. and of the fact that tlwy nsrmrec\ tlwm tlult the inspector who resided some distanee away k1ww all about tlwsc animals, for tlw purpose of avoiding troubh· thl'y cons1•nt1•d to issup certificates of owner· ship for the threC' earo1baos aud to plact• the town brand upon llwm; that :mnw bn•nl,v t\ays lat<•r, they hilving heard that the said three carnbaos hat\ lwrn lak1·n from thie>n•s, the president c:llll'd a m1·1·lini.r of the nnmicipal council and reported the facts; I hat the council n•solved to report tlw nmtt1•r to the provincial i.ro,·c·rnm', a11 appt~ars from a docunwnt exhibited on page :H, which is a ccrlifica 1 te from the prodncial sl'crctury of lloilo, who _cor· rnbo1·11tPs tins statenll'nt of tlH' uccused; thl'y furthPr testified that they had only charged iii Cl'nts l'ach for the three certificates, which wa,._ the amount fixl•d by the tal'iff, 1m<l that the fees for the two certificates issued to Alhno und Apostol have not been paid; that tlH'.V did not l'l•port tlw facts to the Constabulary in· spt•ctor hl'cause thl',\' <lid not dl'l'lll it necessary, rPport having bc1·n made to the gon~rnor of the provine>e; th1lt although the 1•amhaos had :m olcl brand mark on t\11'111 th<',\' di<l not know they \l'l'l'l' stol(•n until aftt'I' tlw n•pol't made to the provincial governor on motion of the pr1•sidC"nt. 'I'll<' sccrelary, .Ja('oho C1•h•stial. k>1tifil'd to the same f'ffeet, adding that hl• \\·as not pn•sent wlll'n llw cl'l·tifi('ates w1•n• drawn np, hl' having n•t11r1wt\ to his hons1', and on the day following tlwy wt•r<• >Will to him for signat11r1', as h<' wns nt that time ill. Tlw c•onrt ill'low. <·onsiderini.r that tlw <"l'imc had been pro1·e>n am! t.lH' guilt of thl• 1wc11sC'tl 1•stablislwd, 1·nndemned the first tm1 lo the payuwnt of a fim· of l,2!i0 Jlf'setas and th<' third to the paynwut of a finr of 4!i0 1ws1•ta::., with on<>-third of the costs lo l'a<"h Olll'. aud to sufl'1•r suhsicliin:.• imprisonment in case of insol1·1•t1<',\', with no allownnce for th<' prl'ventive imprisonment ,..ufl't'l'l'ci. Fro111 tlli::. jmlgnwnt th<' defendants appeuled. If the <·rirnc of tlwft ronsisls in tlw ;wt of taking personal pl'OJll'rl,\· l}('long:ing' to anotlwr with int1•11l to gain, without thP r•ons<'nt of the O\\'lll'r, and without usin;..r fol'('I' or intimidation in tlw tnkinµ:, as provitlPd hy nrti1•l<' iili of tlw PPmd Code, it is <>vidC'nt thal if it is not prn\'rtl that tlw propf'rty alleged to hal'(> been ::.tolen was ::.o ::.tolf'n nnd it is uol dl'terminPd who t.lw nw1wr of thl' propcrty is, th1• m<>r<' poss<>ssiou of such propPrt:.· 1•nn not hr l'Ollsidcred ns the r<>sult nf 11 crinw, nor cnn thr po.'1· s1's"or Ill' puni::.lll'fi jls a thi<>f. This is tlw doctrine estnblis.lwd hy t.lH· 1•nm·ts in ma11.\' dl'l'ision,.,. irnmng' lh<'m tlwt of tlw Mtprem<> 1·0111t of 1-ipain of :'.\lnr rn, 1882. If we• h1•\i1•\'1' the• statt•nwnl 11mcl1' hy llw {'nnstnbnl;ll',\' 111<'11. :\(•a..;in 111111 Aposlo\. tlw l'arnbnn" whic·h Wl'l'I' suhSf'CJUPntl:.· pr<'· ~"nkcl In t.lw munidpal prf'sid1•11t of Tuhig Wl'l'I' in thr pos;;e>,.sinn of ..;jx unknown lll<'ll who W<'n' in Uw mountains aml who run awn,\' :1111\ nhnntlmwcl thl' snid c·arnhnos wlwn firrrl upon. um! •ls 1111•,~c· 1111k11own 11w11 might hn\·p lwt•n tlw ownt•r,; of tlu- C'lll'11bao111. nml <Ill lilt' ollwr lmnd t'\'<'11 if th<',\' WP!'<' tl1iC'\'<'>', it clops not appra1· that tlw cambam; Wl'l'f• stolen or who tlw owners thereof wen>, ther1• can he no doubt that tlw merl' possession of thestauimnl>1 by the six p<'r"ons unknown «oul<l not hr considered as rrsulting from a tlwft or robbery. as th<' t'\·ident'C does not .~how that tilt' t•ll'ments of this offeww are pre;;ent. { 'ommon sens<• t1·ach1·" that if there !ms been no l'l'imc am\ no puni;;hahle uct hus been <'Ollllllitte>d there can be no punishment: and consequently if tlw re<"onl contains no proof of the cxistene<> of tlw crime of tlwft or an:.· other cri111C' the drfemlants can not he guilty as a<•c'Cs:-;ories. l~urthf'rmol't'. the record does not l'outuin l'\'idl'nec sufficient to show that the (lefondunts had an:.' knowledge of the means by whi1·h th<'S<' 1•arabaos hnd been obtainrtl, for the Constabulary 11wn assur<>d tlwm that tlw,v had purcha::.ed the.rn in Capiz and upon this assertion it i::. to hf" prl'sunwd that the accused acted in good· faith unrl that ther Wfll'<• innuenced bv th(' thrPnt;; of tlw Constabular.v ml'n in q~1estion who were d~tNminl'd to wt tlws<' l'ertificat<'s. which wer<' in faet issu<"d hv .the a<·CU='<C'fl. Tlw hrF>t proof tho1t the accused acted witi1out criminal inh•nl i . ..; tlll' f:wt of their having r<'ported lhr facts to th<' go\'ernor of tlw pro\•im·1• a fl'\\' da:.·s nft<'I' tlw eertificates were issn<'rL ('ons1•quently. tlwre l)('ing no cl·idC'm'c of an:.-· fae>t::. <"onstitntini.r tlw olf<'llS<' C"!nu·g<>d. tlw dpfl'm\ants must h<' acquittl'rl. For tlw n•ason;; stntcd \\'<' are> of tht> opinion that tlw jmlgment appealed must he rl'\'C'r::.Nl and the d<>femlants. Alfon><o ,\hisou, Ansl'lmo .Juar1•::.. and .Jaeoho CC'lestinl aequittl'd. with thl' <'Osts of both instam·rs <le ofieio, and it is so orderC'd. Arellano, C' •• J., Coop<'r. \\'illan\, )[upa. )lcDonongh, and .Jolmson. ,J.J., COllCUI'. nf'fcndm1/.~ acquifted. [Xo. I:W4. J1m11ary 19. l!MM.] 'l'Jlf,' U.V/'J'J.;J) H'l'~t'l'Jo:R, <:0111plai111m.t and appelle<~. 11s. r.4LfJ;\". T1'1 'fRONO J.;T .-11,., dcfc11dant.~ and appclla11fs. ], CRDITNAJ. LAW: ffO:\llOIDE; MITJGATIS"OCIRCU)ISTA,CF~: E\'IJ.GREATERTBA>';' fl'TENnEn.-The defendant.'!, police offieen;, arrested the deceased uuder s1111pil'ion of his having stolen ft revolver, and in order to make hin1 confess beat him so SC\'ercly that he died of hls iojurie~. Held, that the defendants are guilty of homicide with the mitigating circumstances r:Jl.hot having intended to eRusc so !l'.fCllt an injury ns that which nctuRllY resulted Irom their acts. 2. In.: EvmENcr.; ExriRT 'rUl'l)IONY.-The teslimonr of expert witnes.sc.~. al· though meriting attention, is not eoncluslve upon the courts, but is to be weighed and it'! probative value determined in connection with the olh('r proofsaddueccl. APPEAL from a judgment of the Court of First Instnnce of Bulacan. The facts are stated in tl1<' opinion of thr court.. F~:r.IP1'; G. C.\1,11~:RoN and !<'Er.Ix l"Enn~;n, for appellnnt.s. Kolicitor·Gcnernl .·\RArrnTA, for nppellef'. 0AIJRIEI. find BORDON, for private Jll'O!:iCCUtol'. :\L\P.\ . . f.: Thi' t\efend11nb, clmrg<'d with the murtlt'r of Rl•nito Pen»'., W<'I'<' Mnvictl'd by the trial court of the off'e>ll!:iC' of lcsioncs menos gr<wes. nm! sentenced to six months of <tr1·csto mayor, tlw paymPnt of 100 ~foxican pPSOS ns danmg:es to the heirs of the decl'nS<>d, and to thr cost::. of the trinl. From the evidell<'<' introduced at tlw trial it n.ppears thnt lnte at nij[ht on Feh~ua1',\· 4, l!lO:J, the dPC<'ll"Pd, Benito P<'l'<'Z. Policupo Gt1e\·a1·a, and Felipe Bnutistn, werl' arrestt"d in thPir respf'ctive houses h;}' the defendants; that VnlPntin Trono was n :;:;ubinsp<'dor of the municipal policr of thf' town of Hugono:.·: thnt he> wns aC'· c•ompnnie<l b:.· two municipnl policf'm<>n namPd .Jost" nnd Agustin: lhnt thl' decen='<t>(I nnd his C'ompnnion::. Wf'r<' susprderl of the thrft of a n•\·oh-er he>long'inµ- to one> )J1b::imo .·\ng-l'll':<; that when Benito P1•rc•z wos a1Tc•;;tc•1l Jw wi1s in good lwalth. not suff<'l'ing from nn~· di."<1•n::.<>: thnt lw arnl hi;; C'Ompnuions. Oue,·am and Rnuti:<ta, w<'l'<' tnkt•n by thrir l'<lptor."- to a phl<'<' ('l\ll('tl Rnpnng·Angplo nnd thrr<' OFFICIAL GAZETTE 2!l7 beah-11 aurl illtrl'ated. and that while the:r \Wl'r undergoing this ill tn•atuwut Bt•nito w11>1 heard to beg '.\liiximo to pardon him. 11\h•rin,u- tlu- followi1.1g word»: ··)li\ximo, hin·p pity on me or d~w kill mt• at 011c1•;" that tlw blow:-1 inflicted Jpft Policnrpo Guevam hn!athle . ..;s for sonH· tinw and caused Felipl' Bautista to suffer pain.'\ in tlw region of the heart for about 1m hour; thut Benito Pt'l'l'Z wns so sen•rely illtreuted that in order to rrach the mu· 11icipnl building of the lown, to which the pri;;oners were taken aflt>l" tlll' ill treatment was inflicted upon them, Ill' was obli1-red to Jenn upon th<> policem1111 .Josf for the whole disbmee: that ht• was tumble to stand, ahll furthermore complained of slulrp pnins in the ahdonw11; that whrn tlw prisoners were brought before the muniripal 111·rsi~l1•11t the following day the:• werr di>1charged b:-· him, ns nothing was brought out uwtinst them in tlH· invrstigation 1rnul<> 1·om·rrning the theft of :'lli1ximo Angeles',.; re\·oh•e1·, which had INI to their detention: tlmt Benito Prrez. 011 uceount of the 1•ondition in which he hud been l1•ft, wns unablr to return to hi,; hou,.;r alonr, and that tlwrrfore 11 brothPr of his, nampd E:-1tnnislao. was obliged to tak1• him from tlw municipal building to his honw in a hont: that upon arriv11l at hi,; home th<' dec1•as1•d was oblig<'ll to go lo brd. am! hi" mollwr, Candchuia de lo.o; Runtos, found his 1·ondition to LK' 1<0 >i<'rious that she imrnedfately r<'ported the facts to th<' justiC'c of the penep of the town, denouncing tlw persons who hnd illtre1itC'd Benito as guilty of the crime of attempted homicide: that dnring tlw short tim<' that the deceasNI was in bed In> was unablr to eat, urinated with grrnt difficulty. and <'Xprlled with hi» urine drops of blood; that In> complnined of intense pains in th<' »tonrnch und told his family that the pains wt>rr the result of blows inflicted upon him with n g'lln und other ill tr<>atment received by him, and tlu1t his ii,1jul'iefi would lw t.111' d<'nth of him. The deceased died on th<> morning of th<! dn:-· follO\i"ing-thnt is, February Cl, l!JO:l. At thr timr thut Rt>nito l'errz urn\ his companions were unested earh of tllC' 1lefendnnts wa,; annf'rl with a revolvel' and the polieem1•11 .Josct uncl Agustin \\"l'l'f' n1·mf'cl with guns. The defen8e ndmit;; the fuet of tlw ;U"l'f'St of Bl'uito Pl'rez nml nf l•'clipl' Bn.utistn and Policnrpo Gue\·arn hy thr (\l'fl'mlunts, but denies that they illtl'entrd thr snid Bl'nit.o. Xrvrrtlll'less the proof for the prosecution upon this point is eonclusive. l<~t>lipt> Bnutii:itn nml Policarpio Gne,·ara. who were with Rt>nito Prn•z ut. tlw time of his arrt>st, aftt>r trstifying that Pl'l'eZ wai:i >iC!p11ratc>d from them by their enptors a distnm·r of from 8 to 10 hrnzas at a placr cnllt>cl Rupang-An~lo, till';'-" proC<.'rdcd to testifr thnt. th<'v he11rd blowi-1 inftirtt>d on Benito and hi» groans and l~is ,;upp!il'~tions to Maximo to pardom him; both of tht>m LH'lie\"Cd-for the:-' were unnbk to srr owing to the dnrkness of thr night-I.hat thr hlo\\'" wnc innil·tt>d with n gun. owing to lht> fnl't that l\.foximo Ang-t>l1•,; look th<' gun whic·h \\';\" cnnird h,v thr poli1·t>111im Agustin, who w;1s standing br,;ide thr witness when hr (·ommencrd to illtreat Renito. The tt>;.;t.imon'.',. of these witnes,;t>s hns bt>en ('()!"roboruted by thut of Pcclro Rnntos, who was s.:nt together with onf' Esperidion by Benito·,. moth<'r to follow thr lnttt>r and obsern• whut was being donl' to him. This witncs>l sa:-·s thnt while Benito uml his cnptor:s ll'<'l"<' on t.he edge of thc (:stero and he nnd his companion, Esperidion, on the opposite bunk some 10 brazas awn:-• from the pince whrrt> the otlu'rs \\"Cf<'. \w heard them healing Brnito with the hutt of a gun, and lwnl'C! tlw lnttC>l''s g-roan,; nnd his supplications lo :\foximo um\ Valentin for Jllll'Cion. Tlwy testified thnt the)' lwurd him sny that if th<';'-" would not purdo11 him that tht>y had lwltl'I' put him out of his mis<'l')' al onc<'. It was not nece,;snry thnt the witnesse,.; should >i<'t' the ad.uni hlows stnwk. It wn,; ;.;nflkil'nl thnt they heurd thrm in order In IH· nhlt· to testify as to the fact thut tlw blows were ,;truck, mor1• 1•sp1·1·iully wlwn tlw sound of tlw blows wa:. followed by !-:'l'llnns. showing ..;11ffcring- of thr \"il'tim. Tlw fnd that tlw blows l\'t'l'I' ,;lrul'k \l'ith 11 g-1111 01· ..;onu• other inslrumrnt is a ein·nm"tunc•t' of >10 11<•C"idt>ntnl 11 l'hnrn('tt>r thnt it (•un not uffe<·t the 1670:~--2 reulity of the faets iu th<' ("ilSl'. Even if the blow .. hiul ht•c·11 struek with a club tlw result would he tlw same upon proof of the fact that the blow,, were stl'uek and of tlw l"Oll>'('(Jm•n<·i>,.. thereof. But in the prt>sent 1•11>;1• .tlw witnes,;e,.; \uul good ret•~on for belie\•ing that tlw blows we1·t' struek with guns, for thi>i \1·:1 .. the weapon whil'h i\lax:imo used whPu striking and he11\i11)! Benito. Jt is true that he might han• strul'k him with tlH' hand iLlone or with a revoh•er. which l\lnximo ;llso t·;11Tied on tlrnt oceasion (it does uot uppeur thnt hl' had uny other weapon). but we believe that iL c·un not be ahsolutel)· 11ssc•rt1•d that it j,; impossible to di,;tinguish by the se1ise of hearing hlow,; :,.:in•n with the hund or with 11 re\·olver from tho,;(' <"aUst>d by a g-un. taking into considt>ration the larger dinwnsion and wright of tlw lnltt>r weupon and consequently the greater for1•r and inl'rrawd sound whic·h would be produced hr till' lilow" inflicted with ,;nch an implement. In addition to what Im,; br1·11 t<•,.;tilil·d by the fort>going wit111•,;,.;ps there i.'-1 material C\'idene{' of the haltt>l";'o' of Benito Pt•rez shown by the te,.;limon:-· of Felipe Buutista and Poli<·arpo (foen1rn. who testified tlml ilfter hearing the blows gin'll to tlw formrr thl';'o" ,;aw him unabll' to stand and complnining of sharp pains in tile' abdonwn und bring compe!IC>tl to walk leaning on the polil•t>man .Jo,;t", in ordrr to bt• 11hl<' to re1\t'h tlw rnuni('ipal building of the town. Evidence is likewise found in the fact thut different parts of hi;; body, such as the neck, hands, ribs, nrms. and ubdonien werC' sec·n by the witnesses J<~stuni1dao Prrl'z, Hn:-•munda Perf'Z, Jnliana de los Santos, aml Candelnria de los 8nntos to be bn1is1•d und swollen. The municipal president of Hagonoy, .lose H. Lopez, n witness on 1Jeh111f of the defense, likewise must have observed somethinµ1tbnor11ml about IlC'nito Perez when brought beforr him on tht> following morning, b('cau"e he inquired of him, as testified by said president, whether he was ill. to which Bl•nito repli<'d thnt hr was. Tlw pn•sident tC'stifi.ed that what movt>d him to mnkr sul'll inquiry wu,.; thr fact that lw notieNI tlmt Benito's facC' was pal<'; but uceon\ing to Policnrpo Guevara this wn,.; duC' to th<' fact that Benito wai'I unable to rl'mnin on his feet in the presc•nC'<' of thr prcsident. in spite of thr order>; of the a1·<•n,;(•1l. Valt>ntin, who told him lo stund up. '\"<'give credit to the statl•nwnt of thr witnPs."' Gue\'nra lml'nUse it is not nnturnl that tlw mere pallor on thr fo(•P of n prr,.;011 who npprars before nn ollil"inl accused of n C'rinw ,.;hould attrnrt thC' latter's attE>ntion to thr point of mm•ing him to inquirf' wh<'ther he wns ill or not. Tlw partinlity of Prrsident Lopt>z in fa\"OI' of tilt' 11<•cus('(I. Vuh•ntin Trono, is explainl'd at onC'I' if it br taken into aeMunt that on bC'ing (!ll<'sliog,cd dnring tlw trinl what r1·latio11,;hip h(• \11111 with Valentin he replied that he rrf1rned lo tcslif,11 o.~ to f<1mil,11 8<'Cl"cf8. Tht> \'l'l')" doctor, AndrPs leasiano, who 1•xi1min{"d Bt•nito Pf'n•z, notwithstanding his nmnifrst, clear. and 1•\·idrnt tC'11dPn1·y to fan1r the nccufie1L wus forced to l'ertify that thN<" appenr<'d on tlw upper purt of the left iliac region nrar th<· c•dg1· of the innominnt1• hone two bruises caused by an instrunwnt c·nnsing a l'ontnsion. one of the size of a half dollar. and the otht>r thr »ir.e of 11 20-et>nt piece. The foregoing details show lik<•wisr tlw serion,;111·.~s of tlw lt>sions of Benito Perez. The:-· broke him liown to "1wh nn extent that he was unnble to ngnin stand up from thr monwnt lw 1·e· l'rh·ed the blows until the moment of his· death. Hr wns unuhle tn l't>aeh the nnmiC'ipul building without tlw support of the poli<'<'mnn .Josct, nrithrr wu" he nblt• to wnlk to his homt'. hnt wa,; eon· \"t>Y<>d in a lmnea. His 1·ondition wn" 'lo st>riou,; whrn h1• arrin•d nt th~ latter plnl'e thnt his motlwr. Cnndrlnrin de• lo,; Rnntos. ju~tly alarmed, went without \0>1,; of tinw to filr nn information lwfon· th<" justi1·1• of tlw p1•1H•1• ngo1inst tht• author.~ of the l'rinw foi attrmpted homieidr. Thr physieinn. len>1inno. who 1•xnmi11C'c\ Rrnito by order of the jnstil"I'. <·1illed upon him twi<·(' on tlw 298 OFFICIAL GAZETTE same night with an interval of two hours only, which shows that he had fully realized the serious condition of his patient. The latter in the meantime was unable to take any food. He could only urinate a few drops of blood and felt continuous 11nd sharp pains on the abdomen, which he attributed to the blows and ill treatment to which he had been subjected. He felt that he was dying; he so advised his family, and a few hours later the crisis came and he passed away. All this is proven by the combined testimony of the witness already mentioned, Candelaria and ,Juliana de los Santos, Estanislao and Raymunda Perez and Poli· carpo Guevara, and Felipe Bautista. The defense contends that the death of Benito Perez was not due to the lesions inflicted on him, which were not serious, but to hPpatic ('Olic brought on by hypertrophic cirrho!!is, from which the deceased had been suffering for a long time, basing such allega· tion on the certificate and testimony of the physician, Don Andr~s lcasiano, wherein such a statement is made. We can not give any credit to the testimony of this physician IJCcause the facts which would serve as a foundation to his conclusion are manifestly inexact. In the first place, in his certificate on folio 18 it is stated that the body of the deceased only showed two small bruises on the superior part of the left iliac region. The witness Esteban Perez testified that the deceased had bruises and swellings on the supP.rior part of the left hand, on the neck, on °the ribs, and on the abdomen; Raymunda Perez affirms having seen bruises on the abdomen on both sides, on the left arm, and on the left side of thP. neck; and Candelaria de los Santos like,vise saw them on the upper part of the left hand and on the left side of the neck and on the ribs'. In the second place, the physician affirms that the deceased devoted himself on the night of the occurrence to his c1Mtomary libations. Nothing is shown in the case to corroborate this alleged habit, and especially nobody testified to having seen the deceased drunk on the night of the occurrence. In the third place it is stated in said certificate of the physician that the deceased, after the blows the effects whereof are being inquired into Ment on foot to the town from a distant barrio, and 11ice versa. This is manifestly untrue, because the proof in this ('ase shows that from the place where the deceased was illtrcated he was compelled to walk, being supported by a policeman unti1 he reached the tO\vn, and in order to take him from the town to his home it was necessary to use a boat. These last statements are so unjustified t1mt the physician, Tcasiano, when testifying, withdrew them during the trial. Why, then, did he set them forth in the certificate which appears on folio 18? There is nothing in the case to show that thP deceasf'd had ever 1'1Uft'ered from hypcrtrophic cirrhosis. Thr. ailment whi<'h the deceased had at_ the timCl referred to by the physician. lcasiano. ""as cholera, according to the mother of the dPC'ea!'led, Candelaria de los Santos, who testified, besides. referring to the time to which this eafle refers, that her son Wll.S of a robust constitution and suffered no ailments whaU!ver. There are, besides, the following fact« to be taken into considClration: After the physicinn, Tcnsinno, had examined tbCl clceeasf'rl, nnd whilf' thf' latter was still alive. he told Rnvmunda Pf'rf'7. that the deceased wns suffering from blows wim a rifle. When the death hnd taken plnce, the family of thf' deceased repeatedly requested tht.': phy!lician. fonsiano. to <'Xamine the body, which the latter flatly iPfnsed to do, and warnPd tht>m, on tl1r other hand, to hury him quickly, nndPr thP preh>xt that hr had rlied of cholera .. It likewisc> apprnrs from the tf'stimony of Rnymunda PPrez that snid physieirm is nn intimatP friend of the accused :Maximo Angeles. F.xpl'rt t<"stimon~· no doubt constitutes t>vidPn<'e worthy of mPrit ing f'onsidPrntion, nlthough not exclusivP. on questions of a prof PS· «ionnl <'hnrn<'ter. Th<' courts of justice, howe\'f'r. nrf' not hound to '<Uhmit. thC'ir firnlinp:s ll<'<'f'Sfiarilv to .c;ueh testimony: thev are frf'f' lo Wf'ip:h lhf'm, And tlw.'· f'lln gh:r or rf'fns<' to givf'. tlwm 'any value as proof, or they can even counterbalance such evidenee with tlw other elements of conviction which may have hef'n adduced during the trial. In the present case there are to he found sufficient data which show in a conclusive manner the seriousness of the lesions inflicted upon the deceased, which from the very first moment prevented him from keeping on his feet, and caused him con· tinuous and sharp pains in the abdomen and retention of the urine--symptoms which constantly showed themselves until death came--which in the absence of satisfactory proof to _the contrary may be attributed to these causes, which undoubtedly wer<' sufficient in themselves to bring about the death of the de<'easf'd. The guilt of the accused is fully establishecl in this easf'. They arrested the deceased and took him out of his house. They took him to a place called Sa pang-Angelo. and they likewi:<:e <'ommitted the act of wliich they are charged. NevcrthPless their participa· tion in the execution thereof was not equal. Maximo Angele,; and Valentin Trono's participation was evidf'ntl)' direct and immediate, because they iiltreated and assnulted the. deceased, as appear11 from the testimony of Policarpo Gut>Ynra and Pedro Santos, as stated by the deceased himself to his mother (CandeJaria de los Santos) and Juliana de los Santos. With regard to Maximo Angeles, there likewisf' c>:dsts the testimony of Felipe Bautista, who says that this deft>ndant ill· treated and struck the deceased. Angeles and Trono are therefore to be considered as the authors by direct participation of the death of Benito Perez. As to the other defendant, Timoteo NatiYidad. his coiiperation was in the nature of protection and aid, for even if it is true that he accompanied his codeft>ndants and 'vas likewise present with them in the; place where the crime was committed, it does not appear, nevertheless, that he took any direct part in the ill treatment of the deceased; and for this reason he should be con<>idered only as an accomplice of the two first named. There is to be taken into account the aggravating circumstance of committing the deed at night and abuse of SUpf'riority. which should be compensated with the mitigating circumstance of thf' defendants not ha"ing the intention of causing an evil so great as that which was actually produced, for an examination of the record fully convinces us that 'vhen the former illtreated and struck Benito Perez they did not have in mind the dcliberatf' intent of depriving him of his life, but only that of forcing him by such means to return the revolver which they claimed had been stolen. We therefore reverse the judgment appea.Jed from and f\Cllt<'m·e the defendants Maximo Angeles and Valentin Trono to thf' penalty of fourteen years eight months and one day of reclusiii11 fem pond. and Timoteo Natividad to the penalty of eight years nnd onf' day of pri.s-Wn. mayor, and all three to the paymPnt of an indemnity c·onsisting of 500 pesos, Philippine curren<'y. lo th<' hpirs of the deceased, and to the payment of the co11ts in this instnner. Arellano, C. J., Torres, Cooper. McDonough, and Johnson, J.J.. WILLARD, J., dissenting: Believing that the defendant Timoteo Natividad fihonld be condrmned as a coprincipnl, I do not agree with th<' penalty imposed upon said defendant. .Tudgment modified. BUREAU OF CUSTOMS AND TlU!UIGRATTON. CUSTOMS ADMINISTRATIVE CIBCULABS. No. 289.-Publishing Act "l'olo. 1065, amending Act No. 898, a.s to closing Cape M elviUe, Balabac l sland, a.s a port of entry and creating Balabac, Island of Balabac, a.s a port of entnJ, and pro· ridi11g for the t1Rcessat'Y office force at the port of Balabac. MANILA, February 26, 1no4. To all Collectors of Customs: PARAGRAPH I. The following net of t.he Philippine Commission OFFICIAL GAZETTE 299 is hereby published for tlw information and guidance of e.11 concrrned: ·• [No. 1065.] ··AX AUT HO A~IEXDING ACT NUMBERED EIGHT HUNDHED AND NlKETY·EIGHT A8 TO CLOSE CA'PE MELVILLE, llALARAC I8LAND, A8 A PORT OF ENTRY AND UREATINU- BALABAC, ISLAND OF BALABAC, AS A POHT OF E~TRY, AXD PROVIDING FOR THE NECESHARY OFFICE FOHCE AT THE PORT OF BALAHAC. ••Jl!f uullwril!J of tlw Uni led Stales, be ii enacted by the l'hilippitlc UommiR.vion, that: '·SEC'l'lON l. Section two of Act Numbered ]~ight hundred and nincty·<'ight, entitled 'An Act providing for the closing of the port of Apani as a pol't of entry, creating the ports of Bongao, Cape )Jelville, Balabac Island, and Puel'to Princesit ports of entry, and 011nending section three hundred and one of Act Numbered Three hundred and fifty-five,' is hereby so amended as to read as follows: " '8Ec. 2. The port of Bongao, in the Jolo collection district, and the ports of Balabac, Balabac Jslancl, and Puerto Princesa, in the :Manila collection district, arc hereby created. port!! of entry.' "SEc. 2. The Uollector of Customs and employees authorized by section three of said Act Numbered Eight hundred and ninetyf'ight for the port of Cupe Melville are hereby authorized for the port of Balabac instead of for the port of Cape :;\felville. "SEC. :J. Section six o( said Act Numbered Eight hundred and uim>ty-f'ight is hereby affiended by striking out the words 'Cape ~leh-ille, Balabac Island,' and inserting in lieu thereof the words 'Bulabac, oti BaJabac Island.' "SEc. 4. The public good requiring the speedy enactment of this bill, the passage of thf' same is hereby expedited in accordance with section t\\;O of ·An Act prescribing the order of procedure by the Commission in tlw enactment of lilws,' passed September twenty-sixth, nineteen hundred. ··SEC. 5. This Act shall take effect on its passage. "Enacted, Febrmll'y 25, 1904.'' PAR. 11. By authority of section IO of the Philippine Customs Administrative Act, and pursuant to Act No. 1065, the boundaries of the Balabac collection district are hereby fixed as follows: "The district of Balabuc shall comprise the Island of Paragua from tlw port of Alphonso XIH on the west coast to the port of Ahoabo on the (>ast coast. llw Island of Ralnbnc, and all other islunds adjacent thereto.'' PAR. 111. Th(' oUicc> of the collector of customs now located at Cape l\lelville, lslund of Balabac, shall be transfen-ed by the first available tnmsportation to the port of Balabac, Island of Balabac, and all customs ollicers authorized for the port of Cape Melville an"l hcrl.'br transferred to and authorized for the port of Balabac. PAR. IV. So much of Customs Administrative Cil'cular No. 242 a:-; j,,; in conflict herewith is hcrl'by repealed. PAR, V. By authority of the provisions of Act No. 1065, Cape :\(<'lville, Island of Bnlabac, is hereby declared closed as a port of entry for the Philippine Islands. PAR. VI. Philippine customs otlic·1•r;:; ;;hall giw ,111<' publil'ity to the terms of this circular. H. B. McCoY, :lclin!J Co//cclor of C118toms for the Philippine Islands. ~o. 2HO.-Mcrdiandisl' subject to ad 1!a/o1·em mte of dut11; duty not to be l/8.W\~8<'11 11prm u11 1rnul/111f lcM1 t1iat1 the invoice or 1•11te.n·cl val11<'. MANILA, Afu,.ch .l. 1.'J04. 'l'o rill Ou/Ice/ors of C11slo111,~: PAnAGllAPII l. l'nnnurnt to till' authorit:i· \'l'sted in tlw Insular CollN·tor muh•r thl' provi;;ions of sectionr.; HJ und iO of the Custom-; . .\1lmini:-trutin· :\et. tlw followinl! n•l!ulntion i.'i promnlg-ntl'd, and shall be observed in connection with the enforcement of sections 17i and liB of the said Customs Administrative Act: PAR. II, Whenever imported merchandise is subject to an ad va.lorem rate of duty, or to a duty based upon and regulated in any mannel' by the value thereof, such duty shall not be assessed in any case upon an amount lc10s than the invoice or entered value: Provided, That in cases where it can be conclusively shown to the satisfaction of the Collector of Customs that the invoice value of an importation far exceeds the general market value of similar goods at the time of exportation, entry by appraiseruent independent of invoice values mny be allowed upon written approval of the Insular Collector. PA1t. III. The regulation C"Ontained in the foregoing pnragrnph shall not effect the matter of manifest cledcal errors made in nn invoice or entry, as providPd for in section 205 of the said Administrative Act, no1· the relief afforded thereunder in such instances. H.B. McCOY, .·tcting Collector of Otl.stoms for the Pliilippi11e Islands. No. i9l.-P11blishing resolution of the Board of Health for the Philippine Islands, abolishing interinsular quarantine except at duly authc1'ized ports of entry and in cases where vessels conic from infected ports. MA:iILA, March 5, 1904. To all Collectors of Customs: P.\RAGRAPJI I. The following resolution passed by the Board of Health for the Philippine Islands on March 2, 1904, is hereby published for your information and guidance: . . . . "The matter of delaying the Philippine coastwise vessels by quaruntint> at various insular ports having been brought before the Board nud discussed, on motion, ''Resolved, That interinsulnr quarantine is no longer necessary and is hel'eby abolished except at duly authorized ports of entry and in the case where the vessels entering ports come from ports which have been declared infected by the Insular Board of Health.'' PAR. II. Philippine customs officers will give due publicity to the terms of this circular. H. B. McCOY, :lcting Collector of Cwaonls fo1· the Philippine Islands. No. :l92.-:lme11di1ig paragraph 2 of l'ustoms .4.dministratf_ve Circ11lur No. 195, fixing price of first-class roll books. MANILA, March 1, 1.904. 'l'o all Colfecto1·s of Customs: PARAOKAPll I. Paragraph i of Customs Administrative Circular Xo. 195, fixing pl'ice of first-class roll books, is hereby amended to rend as follows: "PAR. II. The price of fir:-;t-class rolls or roll books shall be $1.50, United Stutes currency. or P3, Philippine currency, eacJ:i.'' PAR. II. Philippine customs officers shall gin• due publicity to thl' terms of this circulnr. H.B. McCOY, .-lclilig Oollecto1· of C1Mtoms for the Philippiltc Isla11ds. No. 293.-Pi.:ring price of ''roll" fumislrnl 1;essels of less t1m11 J,) tons gross. 1fa;>;ILA, .Jfllrc11 7, /!JO.t. To all Collectors of C11sto111.~: PARA.GRAPH I. In aeeor<lnnce with seC'tion 143 of AC't No. 355 of thl' Unitf'd States Philippi111• ('om mission, th(" priee of the "roll" to be furnished vessels of il'ss than 15 tons gross is hereby fixed nt $1. Unite~ Statf's <'urr<'nc:i·. or P2, Philippine currenq, per book. 300 OFFICIAL GAZETTE l'Alt. II. ('oll1•«tors of 1•m1toml'I at ports of entry and coast clisli-ict inspeetors of c•ustoms in C'oast inl'pretion districts shall al om·(• r<'quir1• nil small boats licen;;ed by them to cnguge in trade to p111·1·lm>w thi . ..; roll, and shall require snmc lo be usrd fo1· the c•11trnm·1• anti elrarance of thp,.;1• houts, a!i i.i provided by law. i'AH. l 11. Th<' funds accruing from the 1mle of thc!:le rolls shall ht• 1l1•positecl nm! accounted for as C'ustomr-1 collP<:tions undPI' -.p<'<·ial lwad of '·sale of rolls." l'AH. IV. Cu;;tom.-. . .\clministrntivl' Circular No. 2 is hereb:.• n•\'ok1•d. l'An. \'. l'hillppin<'s 1•u.-;toms o!li<'r>rs shall ~fre dur publicity to tlw il'nns of this <'ircnlur. I-I. B. McCOY, ,'\('fiuy <!oll<•c/or of ('usloms for Ou• Philippine /.~ltlmb.·. :\o. '!.!14.-1'11bfi.9hi11y .-lr:I .Yo. JQ6(j of the /'liilippi11c Commission r'.rempli11y s11w.ll i:cs.qeJ,q from. /he rcq11iremcnts of .lei :Yo. ;·so, r111d pro·vidi11g for t/11• 1111mlwr of ficn111rtl 0>fficcn; lo be carried by eoa.q/1d.~r rc.q!lcffl. MANll.A, .lforch ,;, l!W4. '/'o rill ('ol/ccfors of f'u,q/om.q; PA!lAORAPll I. Th!! following Act Xo. 1006 of the Philippine ( 'ommi.-;sion is IWl'C'b~· publislwd for the information and gnidancf' <If :1]) ('OJJ('e!'ne<\: "'[No. IOM.] ··.\:\ .H'T EXK\IPTl:\G S:\IALL VEHRELS FRO.M THE REt~l-IHE)IEXTS OJ•' .-\CT :\l'i\IBERED XEVF.N HU~DRJW A:\D 1-:H:llTY. }<;:\TITLED ·A~ ACT PROVIDING l<~OR THE EX..\:\IIX.-\TIOX ..\XD Ll('EX81XG OF APPLICANTS FOH THE POHITION8 OF l\IASTlm. MA'l'J<~. PATROX. . -\:\I> E~WIXEER OF SKAGOIXG VE88EL8 IN THE 1'11\LIPPIXE l'OAST\\"IHE TRADE. A:KD PRERCRIBING Tim ~\T:\IBER OF KSOJXEERH TO BE KMPLOYED BY St:Cll VEHSELR.' ··11y 1111flwrity of the l'nilcd .•uatcs, lw it em1c/cd b]I tlw l'hilippim• <'ommi.q,qio11, tlwl: "'S~:t"l'IO/\: 1. So 1111wh of .-\C't ~mnbert:"d Seven hundred nnd 1•iJ,!ht,\-, C'ntitled · .-\n .-\C't prn\'iding for th<' examination nml Jicensiug- nf applicants for tilt' positions of mnstm-, nulte, patron, nnd 1•111.dm•1•r of s1•ag-oing- \'l•ss<'is in th<' Philippinf' constwise trndl', and pn•scrihinµ: tlw numh1•1· of t•ngineers to be emplo;wcl by t'lll'h n•ss(•\s.' as pro\·id(•s that sh•nm n~"scls of less than one hundred tous hnnlen. or sailing ,.('ss1•\s of less than one lnmdrPd and fift~· tons burden, shall ('HIT,\" li<'ens(•(\ offit•l'rs, is hereby rppenlcd: Prorided. lrolfcrcr. Thitt all \·p,;,;(•\s propelled wholl~· or in part h,,. sh•nm shnll carry nrnl 1•mploy 11 licensed enginf'er or C"ngine<>rs. a" provic\<'(\ in s1tid .-\d Xum\wrC'd Reven hundred and eighty. "SF:1·. :!. Tlw pnhli<' gootl requiring the s1wedy t>nactmC"nt of this hill. 1lw p11ssag-(' of llw s;\111~ is lwrcby expedited in nccordunce will1 -;e(•tion two of '.-\n .-\et pr<'S<'ribing the orclN of procedm· .. hy the ('ommission in the ena(•tnwnt of lnws,'' pussNl Reptemh<'r 1 w!'l1t~·-sixth, nineteen lnuulred. ··St:('. :l. This .-\C't shnll take effeet on its pnssage. "Emu•ted, l•'ebrunr,\" 2U, 1904." l'An. II. Xothing in the nbow-quoted aet slmll be <'Onstrned to 1•xpmpl the nlll!:itl'r and wnkh officers of VC'ssels of tlw tonnug(• sp1•eifil'd in snid .-\C't 01wrating iu th<' ronstwise trnde of tlw l'hilippinP \sh11ub from tnking tlw onth of nllegiun('(' n•quirecl l1y s1•t•tions I Hl and 1211 of .\rt ~o. 355. l'.\H. 11 l. Stl-um \"esseb )i('('!li<<'CI for the eonstwii<(' trndP shall «any tlw following li<'ensed ollic~r,; and enginf'ers: (11) Slt•am \"essels of :100 tons gross lllld OV('I' shnJl h1• req11ire1I tn "arr,1· tlw t'ollowillJ,t" lit'C'llS<'d oHkPrs: 01w 11mslt•1·, oiw lirst mutl', mw sel'OIHI or third nmt<', one chiC'f 1•11;.dm•1•r. 01w lhst a"'si-;lmLi 1•ngi11C'er, and mie S<'l'Ond assistant engineer; /'rovil.kd, That a patron. Jicpnsed to acl us such 011 steam \"cssels, may ser\"C as first, secoml. or third mate 011 stt•:uu \"essels or aoo tons gross or OV('r, and le.<;,; than 500 tons grus-;. ( b) Rteum vessl'is of 100 tons gross :rncl undN 300 ton_-; grn,..,; . ... hall e11rry one mustl'r. onl' mute. und two engin<'ers: Providcd, That a fi~st nssistnnt engineer may serve us engineer in l'imrgC' of tlw vessel: ,lnd prodded further. That a pnhon licn1secl to net a;; s1ll'h on .'ltC'nm \"l'SSl'b, an<l n licensed fir:-;t mntc. nmr ,;en·e a;; muster on steam ve:-;sels of less than 200 tons gross. tC) Vessl'ls under 100 tons gross shall carry hrn engine<'r;;: /'1·01;idcd, Th11t a first or s1•1'011d assist.rnt 1•nginl'rr may -;t•n·(• :i.-; <'llginen in ch:ng<' of the VC'ssel. (d) Vessels operating on ha~·s and rivers and stl'nmNs Pngaged C'Xclusiv1•ly in the lightemge und hurbor work, and carrying no passengers, shall ca1Ty one enginel'r: /''l'ovidcd, Th11t C!ither a first or second assistant engine('r may serve us the engineer in charge: And pro11idcd f111"thcr, That s11d1 vessels opernting on bars nnd riYe1·s as f(•JT,\' boats and carrying passt•ngers and muking night runs ,:;hull <'lllT,\' two 1•11giiwers. one of \\·hom shall he <•itlwr a ('hi1•f C!ngi1wC'r or a first assistant engineC'r. PAR. IV. Hailing vessels licensed for tlw eoastwise trnde shall earry the following licensed ollicC'ri<: (a) Hniling vessels or over 150 tons gross and undl'r :)00 ton;; gro.<is shall carry one mastt>r and one mntC': /'rovidctl, Thnt if tht• gross tonnage of thl' vessel,; does not exceed 200 tons, n patron with license to net as such may serVC' as master of the vessel, and a patron with licPllSC! to SC'l'\"e on .-;ailing vessels of less than 200 tons lllll,\' net ns mntl' on sailing \"<'SS<'is under 500 tons gross. ( b) Sailing vessels of O\'C'l" 500 tons gross shall carry one master, one first mute, and one :-;el'ond 01· third matC': /'1·ovidcd. Tlrnt a licensed patron mny s1•n'C' ns 1•itlwr first, se('oud. or third mate aboard sud1 Yesseb . PAR. Y. Philippine customs of!icer:-; slrnll g-ivC' chw puhli<'ity to the terms of this l'ireular. H.B. McCoY, ·I ctin,r1 Col/t>('for of ew.;tom11 for t11" Pldli1>pim• fa1"11d.Y. Xo. t.95.-('011.Yolidtllt>d r11/cs {or forwa1·di119 protn;ts nnd nppca.ls, a11d va1>crs rclt!ting l/iercto, f'l'om sttbporl.~ of cnir!J; ;'.~cpa.ruf(' protests and appertls slim11tl lw reqt1fr('r/ for t'flcli cnlr.11 or otlwr ]Ja-!ftll('Jlf.q.'' i\IANJJ.A, ..Jf<1rcll ;, l!JO.~. '/'o ci.ft Collcctm·11 of C'tt.9lom.Y: PARAnRAl'll I. Tht> following rules as to the prE"srntation. <'Ours ing, nnd forwardinj? of prott-,.,ts and appeals, and pnpl'rs and sum· pips relating th<'l'f'to, nre lwrf'h,\· publislwd for the information nm! guidance of all concpr11l'd: PAR. 11. Collector . ., of enstoms ill"l' directed to forwnrtl the numhl'r of snmples and C'opies of protests and nppl'a\s, nml pnprr;; relnting thereto. us stat('(I in the following list: _JI j IJ I ;~~:~1~:-.,-.,"-'"-<C-oll-eetor _________ , 2 I 2' -ll ~~:::ss~~fa~~~d0t~~~~:~~:lfo~e:~~- - prov&\ by InsulRr Collector_____ 2 1 ( 'nn• shoul1i be tnken thnt the numl.J.t'r of pnper,; 111111 s;unplC's n1v trn11smiltf"1l as SJll'<"ilicd in the 11ho\"1' list. that lhC' l'OIJ.<;id~rntion aud ndjustnwnt of protests nml appeals may he 1>XJW<lih•1I. ;rnd tlmt 11111\l'tl's-;nry eorrespomle111'<' may IM• avoidNI. PAR. Ill. T.1•ttns nppro\•ing rl'fund-; on prot1•sb s11>1tni11t•cl hy eolll't'ion• of l'U-;toms nt snhport,.; of 1•ntry, h}" tlw Insular <'olif'etor nrnl h.'' the ('om·t of Customs .\ppenls. with tlw m•(•e;;sary OFFICIAL GAZETTE 301 papers. will he forwurtled to the Insular Auditor from the office of the lmrnlar Collector. The amount of rcfumls to be allowed on prote."t." sustained li:.· collectors of custom,; at subports of <>ntry -~11011111 ht> accurntely stute<l in their decisions. (:opies of decisions of the lusular Collector and of the Court of Customs Appeals will ht• tran><mittetl to the collector of customs concerned. PAii. IV. A separate and 11istinl't protest should be required for t•ach pn,vment pl'Otestrd, though two or more subjeC'ts mny lw consolitlatcd in 1111,v protest relating to one \·oucher. PAR. V. In tlw <'II:«' of a dcC'ision on 1i protest from which an appenl may he takrn, the o/liee rendering such decision should a;icertain thC' 1•xuct 1late on which the decision reaches the protestrr or 11ppcllunt. thut no claim may he nunlc uftrr the rxpimtio11 of tlw timr limit. Receipt should be tukcn in each ·<·use, its to tlw c\ah· of dc-livrry of the dcci.-;ion of the eolleetor at a subpart of l'ntry or of the Insular Collector, in u book kept for the purpose. This book should contain the entl'y number. protest number, and the name of the protester or appellunt. PAR. VJ. For detailed information in the mattf'r of appeals from decisions of the rollrctors of customs l.lt subports of entr;•; to the In,.,11!11r Collector, attention is invited to Customs Administrative Circulars Nos. :J and 263. Attention is also invited to t:ustoms Administrative Circular No. 157. PAn. VII. Philippine eustoms ofli<-C'rs shall give du!' publicity to tlw terms of this eircular. H. B. McCOY, 1\cti11,q (Jolle<"tnr of f!11.<1tom!/ for 11•<" Philippine falond.<1. No. 2!lk-P11Mi&lvi-11y lctlrr {rum Chief of llte /J11recm of /mmlo-r Affain, 1~1vddi·11r1 for sqmr11/io11 of i11digo from lfotarnm on c.>rporl n1fri<•s. MANILA, J/ardt Jf), 190.~. '/'o "ll ('olleclors of C11sloms: l'AltMntAl'li I. The following IC'tter from tht> Chief of the Bm:enu of lnsulnr Affairs is hereby pnblishNI for tlw information and ,!!UidnnN• of 1ill COll('(!fll('d: \rAs111NGTO!'\, D. ('. . . fominry 2,;, 1901,. "Sm: According to rxport fig-lll'f'S for :-.·ears previous to Amer· i<·;m oceupntion u consi1lernblr quuntit.'· of li11f(l./T1J11, or liquid indigo, was ,.,hipped from tlw lslnmls. ··This urticle is mentio1w1l srpnmk-ly mulrr Schedule No. 13 of the export cl11ssificntion, nlthoug-h no l'f'Cord of any shipment has been shown thus for, and in ,·iew of tht> l'equests that han• been mndC' to this ollic<' togethrr with tlw fact thitt indigo is 01•<"usionally reported ,,·ith what would npp<•i\r to bP 11 dnt:-.· bn.-wd on the rnte for tiiitarro11. I suggest thut tlw item.o.; hr srp'lrntrd herenfter ns mllt>d fo1· h:-.· tlw <'lnssifi1·~1tion. "\T<'l',\' l'f'SJlf'Ctfnl\~'. "('. R. l~ow ARl)S, •'('ulmwl, F. N . .4 .. Cl1irf of R11re<111.°' PAll. 11. In thi . .; 1·01mt1 C"fion it is directed that rxporters of indigo lw instructt:>d to statl' on their rxport f'Utries whcth<'I· thf' indigo is in 11 dry or li11uid stnte. If the latter. it shall he• 1h" scl'ibcd as tintarron, or liquid indigo. PAR. Ill. Philippirw cm;toms ofli<'rl' .... -.hall µ:ivP du(' pnhlieit~· to tlw tf'l'ms of this eirl'ulnr. H. B. lHcCoY, .·l<:ti11f1 f!ollectm· of Custom.~ fo1· Ifie Philip!)ille lsla11d.<1. NOTICE. Nole> of the /11,<111ial' Uold Ntoruyr' r111tl /er Plrml. ~t>nlr1I hi1ls for tlw 1nn·<'hnse of th<' lnsulitr ('old ~torng<· nnd 11·1• l'lnnt lm·nt('(I nt :\lnniln will IK· re('t•in•d on or ()('fort' tlw 27th tin~' of ,Jmw. l!l04. Thr plant i1wh1tlf's onl' of tlu· most ndnnbh• IOl·ntions in tlw l'it;'!' of l\Ianiln on tlw Pnsiµ: Hin>I'. ot•t•upying tlw ,,·hole spnt'<' betwC>Cn th<' Suspension nml thr Santn l'ruz hriclgt•s. with ahumlnnt wntN frontagt', am\ in the im· mediate Vi<"inity of the lmsin11,;s <"enl<•r. Tllf' buildings and nm· <'hinery are in e\·ery respect nC'w und modern. rompleted in tilt' yeur 1!101. The salr will ineludr the land and wnlN tr11nsportil· tion !)('lonµ:ing to thr plant. im·lutling insulatt•d liµ:htrr~ aml b11rge . ..;, d<•li\·er:i· wngon.~. horse . .;. 1111tl han1E'sses. For tlw liscul year l!JO:J the total revenue of the plant was $:132, lll4. I j; total cxprntlitnl'es for th(' snme period, $198,:138.8::1. le1n·ing au excPss of revenue m·er expenditures of $1:J:i,8;)5.:J4. t:nited States money. The plant as a GO\·ernment institution clops not eompete with private estnbli;;hments of n like chnrnetl•r. In the hunds of 11 pl'fratR eorporntion the income C'ould b1;> n·rr lurgely increase(!. Xo bid for Jess than $1,000,000, Vnited States money, will be considl'rcd. Bids will hC' 1·eceived on the b11sis of un unre!itridNI sale, and also on the basis of an 11greeme11t on the pal"t of tlw purehaser to furnish i<"e to t·ivil employC'l'S for fin• year . ..; at the present Government rate of otw-half cent. gold, per pouml. The right to rPject any and all bids is rest'n'e(I. Eueh bid must be uc<"ompunied by u certified C'heek payuble to the Uovernment of thC' Philippine Islands for ;) per ct:>nt of th<' amount of thr bid us security for t.he fulfillment of the c·ontru<"t should till' hid be acc:epted. T1,;n,.1s.-Payment to be one-third cash and the bulnnee in three equal annnal installments. at Ii p<'r cent interest pC'r annum; the unpuid portion of the purehast> money to be secured b:-.· mortgage on the p1·op<"rty, 01· by other sutisfoctory !ieeurity. Bids may he tiled with the Chief of the Bureuu of Insular Affairs. W11r Department. \\'ashini.,>ton, D. C .. or with the Secretury of Fina111·C' and ,Justiee at Munilu. All bids must be filed before 12 o'cloek noon. ,Jnnr 27, 1!104. at whic·h time the bids will hC' openPd. Contents. Public le.ws: No. 1098, conferring concurrent jurisdiction upon Courts or Fir.st Instance for the Thirteenth and Fourteeth Judicial Districta over causes e.rising within the district of Le.nao. Moro PrO\·lncc. No. 1099, amending paragraph (a) of section 20 of Act No. 82, entitled "The Municipal Code.·• as amended, so far 11.'l concerns the municipality of Cebu, Province of Cebu. So. 1100, to provide for a second revision of the nsse.!'Sments upon real estati.~~~~!.;::i~~0tfi~!r~!? ~~p~~~~~0rl~1~~:hoep~:io~~~k~1t c~rd~~e~~:i!~~ conditions. Xo. 110'.!, extending the time for the payment of the land tax in the Province of Ilocos Sur. sg~~~:i~~:~rn~!n~J~rcfp~)1t~~~d0~r 1~!ith ~I ~~e~~s~g,~fn~e0~}11 i~~:.; S as to provide thot the reports ub_Jlshed in both the En lish the rate for the redemption of f)('eisions o the Supreme Court: *g::11~i:!,~n~r~ ~:.· l~rt~~:0111~i~nR:t°!ii: dissenting opinion. The United States 1·.<1. Yalentin Trono etol. B'1r~~~~~~u,\~~fn~!l~~f!~~~:~~~Xotice: So. 289, publishing Act :So. 1198. as to closing Cope Melville. Ba.labac ~s~~~~f ~n1~r~·~~n°J ~~~?jct~~~ f~~~~-::.~ea~~~~· ~Af~~dfo~~~l:~~~· ~r~ of Bal11bac. So. 290, merehandise subject to ad volorem rate of dut)', duty not to be x~~:i~~~b~fs~1rnng 0~~Y~ii~~;~:~~~ ~~~~';.~l~ce~ftinr~rre::i:a~~Tiippine Islands abolishing lnterinsular quorantine except at duly 11.uthoriz('d porLq of entry nnd in cnses where \"essels come from infected ports. No. 292. amending · ('ule.r ~o. 191'>, flxinl!' price of So. 293, fixmg priel' So. 2~, publishing ing small \"C.~e\s f for the numbL•r of ' 0 ;;·, .,-.;;;; ;,1;;;(~ii:i1>: SH.le of tht> Insular Cold S!orage and !l•e Plant. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., APRIL 27, 1904. No. 17 PUBLIC J,AWS. [No. 1108.J AN ACT Al\IENDil\G SEVERAL SECTIONS OF ACT NUMBERED FOUR HL'SDRED AND NI~ETY-SJX. EKTITLED "THE LAND REGISTRATION ACT." B!J ciutho1·ity of the United Stcilcs, be it enacted by the Philippine Commission, that: SEC1'10N l. Section :six of . .:\ct Kumbere<l Four hundred and ninety-six, the Lnn<l Rcgislmliou Art, is hereby amended by adding nt the end thereof the following words: "Any judge at large of the Comt of First Instance, appointed by virtue of Act Three hundred and ninety-six, may likewise be rrquircd lo perform the duties of jmlgc of the Court of Land Hrgistrntion in any prodnce in the Philippine Islands or in the cit~· of ::\fallila, when clirl'l'ktl in writing to do so by the Civil Go,·crnor, in which ca,,(' his acb, proceedings, and judgments shall be of the same validity as though he were a regular judg~ or associate judge of th<> Court of Land Rcgistrntion in the city of Manila or in the province in which he shall perform such cluties. In case snch order i,:; given, the judge pcrfol'ming duties as judge of the Court of Land Hegistration shall receive an allowance for trnveling expenses in the snmc nmnner and to the same extent as he would receive if ))('!'forming: the clntie,.; of a judge of the Court of First Instance." SEc. 2. Section tw<'IH· of said • .\ci b; hereby amended by stl'iking: out the word "fifteen" in the third line thereof and hy adding at the mul thereof the following worcls: .. In case no exami1wr of titles has been appointed for a judicial clistrict, or in other cases where sueh action is deemed advisable, thC' :-;ecrefary of Financ•e and .TnstiC"e ma.'" issue an order that the register of deeds or the Jll'O\'inc:ial fiscal of an,\· province shall pC'rform the duties of examiner of titles within his pro\'ince, either permanently or until a regular examinC'r of tit.IC's shall bC': ap· pointed for the judicial district \\·ithiu which the provincC' lies: "ueh order may be re,·oked at an~· time hy the 8C"cl'etary of Finance anti .Justice. In C"asc such order j,.; i,.;,.;ncd. the rC'gister of deeds or the pro\'incinl fiscal, as tlw ca,.;p may be. shall be C"ntitled in addition to his rl'g-ular salary as rC"gistcr of deeds or as fiscal, to receive from the clerk of the comt onc·lrnlf the feC' of five dollars provided by law for an examination of title. and the rl'mainder of the fee nnd the pen·entagc on the value of the land shall be paid into th(' Insular Trcasur~'. notwithstanding the pro\'isions of section thirteen of this Act or an~· other provisions of C'Xisting hiw." SEC. 3. The first sentence of sedion thirteen of said Act is lwrC'hy nmcnded to read us follows: "The salary of 1he jmlgc of th<' Court of Lnnd Rcg-istrntion ,.;hall h(' fiv<' thommnd dollal's 1wr annum. and that of the asso· <·iatr- judge >1hall h<' fo"nr thommrnl dollars pN annum until thC' fiJ"st. da~· of .Tanunr~'. nineteen hundred and fixc, ;ind thereafter four thousand fo·c hundrf'd dollar.<; p<'l' annum, and that of the """ clerk of the court shall be two thou::;and five hundred dollars per annum; the salary of any associate judge hereafter appointed under this Act shall be four thousand dollars per annum for the first two years of service as associate judge and thereaftl'l' four thousand five hundred dollars." SEc. 4. Section fourteen of said Act is hereby repealed and a new section fourteen is hereby inserted, to read a::; follows: "SEC. 14. Every order, decision, and decree of thC' l'oul't of Land Registration may be reviewed by the Supreme Court in th<' same manner as au order, decision, decree, or judgment of a Court of First Instance might be reviewed, and for that purpose sections one hundred ·and forty-one, one hundred and forty-two. one hun· dred and forty-three, four hundred and ninety·six, four hundred aud ninct.}"Se\·en (except that portion thereof relating to assess· ors), four hundred and ninety-nine, live hundred, five hundred and one, five hundred and two, five hundred and thn~<'. live hundred and four, five hundred and five, fi\'e hundrccl and ..;ix, live lnmdrcd and seven, fh'<' hundred am\ eight, Ike hund1'C'd and nine. five hundred and eleven, live hundred and twehe, fin• h1111d1·<'d and thirteen, li\'c hundred aud fourteen, li\·e hundrC'cl nml fifteen, five hundred and sixteen. nnd five hund!'ed am\ s1'Vl'ntel'll of Act Xumbcrcd One hundred imd ninetr. entitl<'c\ ·.\n Al't providing a Code of Procedure in Civil Actions and ~pecial Proceedings in the Philippine Islands.' arc mad1• applic<\hlc to all the prnceedings of the Coul't of Land Rcgistrntio11 ancl to a review thereof by the Supreme Court, except. ''" o\ lwnds1• prn\'ided in thi;; section: Proridcd, 1w1ccccl', '£hat no ('(•rtili1·i:tes of title shall be issued by the Court of Land Registration until after the cxpirntion of the period for perfecting a bill of 1~xceptions for filing: .:ind provided f11rllu:r, That the Court of Laud He,;dslration may grnnt a new trinl in any cas1' tlmt has not J!<lsse<l to tlw Su1)rcmc Court, iu the manner and under the circumstances provided in :sections one hundred and forty-five, one hundred anti forty-six, and one bun· drcd and forty-seven of Act :'.\umbered OHi' hundred ;md ninety: .ind prodded also, That the c't'rliiicatcs of judgment to' be issued by the Supreme Court, in (':l"l'" pas,.;iug to it from the Court of Land Hcgistration, shall he cc~rtilied to the clerk of the last-named court as well ns the copies of the opinion of the Supreme Court: .lml'providcd also. That iu tlw hill of t•XC"t•ptiou" to bl' printed no testimony or 1•xhil1it,.; sh:dl ht• prmted. l'XeC'pt i-uch limited portion" thereof as an• rn•c(•,..,.,ary to .. nahh· tlw Supreme Court to under· sland the points of la\\" n.,wn·ed. The original testimon,\· and 1•xhibits shall bt• transmittPcl to the 8upremc Court. .. (a) \\'ht>re t"·o <IS>'o<'intc judg-es. or tlw judge and an us:mciatC' judge. ;.itting tol!C'tlwr in au,v proceeding in the Court of Land Hq;dstratiou slrnll dil'agTce a,.; lo any decision, they shall certify tlw fact of tlwir disag!'cC'ment nnd the record to tlw Supreme Court of the Islands, which shall thereupon proceed to examine the case and bsu<' a mandate to the Court of Land Rrgistration as to the jlHlg-nwnt tlrnt should b(' r<'1Hlcred." ~EC. 5. Scdion seventeen of :<aid .\C"t i:< hNf'h~- anH>nded h~· insHting: in tlw fourth Jim>. aft('r tlw words "in the Court<; of First Instance" nml h('fore thC' word=- "and. npon the request of 303 304 OFFICIAL GAZETTE the judf.re of th(' Court of IAlnd Registration," the fo1lowing wordr;: "including a writ of pm1sei:ssion directing the go\·crnor or sheriff of any provincC' or of the city of Manila to )>lace the applicant in posse11sion of the property covered by a decree of the court in his favor," and by adding at the end of said section the following words: "The governor or sheriff of the province who idmll, in person or by his deputy, atte.nd the Aittings of the conrt in any province outside the city of Mru1ila, in accordance with lhe provisionK of this section, shall be allowed th1·ec dol1ars p<!r day, in money of the United States, for each day the court is in Re!!sioit in his province for attendance by himself and neces11ary deputies. 'fhis allowance shall be in addition to the fei!11 for service of process, aml shall be paid from the provincial treasury." SEC. 6. Section nineteen of said Act is hereby amended by adding at the end of the fourth paragraph thereof the following: "The Government of the United States, or of the Philippine Islands, or of any province or municipality therein may make ll.pplication through any agency by it respectively and duly authorized. ..,oreign corporations may apply for and secure registration of title to lanch1 in the name of the corporation, subject only to the limitations applied or to be applied to domestic corporations. Article eighteen of the royal decree of February thirteenth, eighteen hundred and ninety-four, concern· ing the adjustment and sale of public lands in the Philippine Islands, and article seventy-seven of the regulations for the execution of the same, together with any other provision or provisions of existing law limiting or t>l"ohibiting the holding of land in the, Philippine Islands by aliens 01· by foreign associations, companies, or commercial bodies are hereby repealed." Section nineteen of said Act is further amended by addin~ after subsection (d) the following paragraph: "(e) Instruments known as 'pacto de retro,' made under .1:1ections fifteen hundred and seven and fifteen hundred and twenty of the Spanish Civil Code in force in these Isla.nds, may be registered under this Act, and application for registration the1-eof may be made by the owner who executed the 'pacto de retro' sal<' under the same conditions and in the same manner as mortgagor,.; are authorized to make application for registration." SEC. 7. Section twenty-four Of said Act is hereby amended by changing the first sentence thereof to 1-ead as follows: "Site. 24. The application may include two or more contiguou,.; parcels of land, or two or more parcels constituting one holding under one and the same title, if within the same province or city, and likewise two or more parcels constituting one holding and within the same province or cit~·, though not under one and the same title, nor eontii,'llous, in cases where neither of the several parcels of land included in the one application exceeds one hundred dollars in value." SEC. 8. Section thirty-six of i:iaid Act is hereby amended by lldding at the end thereof the following words: "The surveying required by the provisions of thi1:1 section, or by any rules and directions of the Court of Land Registration, and the drafting of any plans required, may be clone by any private surveyor of sufficient qualificntion!i, to be npproved by thl" judges of the Com·t of J..nnd Registration. or by a surveyor or surveyors to be detailed for that purpose from the clerical force authorized h~· law for the Court of Laml Registration, whose duty it ii~ hert"by made to 111-ovicle in ib clt"rical for<.'f' a sufficient number of competent surveyoni for the purpOSf' of l'arrying out the J>rovisions of thi!! se<>tion. Thl" jnd~s of the Court of Land R<'gi!!trntion !!hall fix in rnch cai:ie the fre to be <·harg<>d fo1· the expen!!e of n. survey and nece-ssary drafting. which flhall be paid by thl" applicnnt. or apportioned among the pnrtit's, ai:1 justice mn~· requir<'. The feMi so cl1arged shall be paid intn th<' lnsulnr Treasury. except in case!! where a private snn·l"~·or. t.o hr approved by thr judgt!s. il'I t'mployed." SEC. 9. Section one hund1-ed and fourteen of said Act is bert'h\" amended by adding at tim end thereof the following: · "The fee thus collected shall be apportioned as follows: After payment by the clerk of eost of publication where the property is situated in the eity of Manila, and of sheriff's fees where situated outside of the city of Manila, and also the examiner',; fee where the examination has bee.n made by a fiscal 01· register under section one of this Act, the remainder shall be deposited by the clerk of the court, one-half to the credit of the lnsula1· Government and one-half to the credit of the city of :Manila or of the pro\"ince where the land lies, as the case may be, the amount in the latter case to be remitted to the treasu1-er of the particular province interested. The clerk in each such instance ~hall furnish a certificate to the 1-egiste1· of deeds and sheriff of thr city of Manila, or to the registe1· of deeds of a J>to\·ince, u the ca1:1e may be, Mtting forth the special character of the applicant, which certificate shall be authority for a waiver of hi11 usual fees by the sheriff of the city of Manila and for the free entry of the original certificate of title and the issuance of one duplicute thereof by the registers of deeds." SEC. 10. The 1mblic good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in aeeordanee with section two of "An Act prescribing the order of pro· cedure by the Commb1sion in the enactment of laws." passed September h\·enty-sixth, nineteen hundred. SEC. 11. This Act iihall take effect on its passage. Enacted, April 5. 1904. [No. 1109.] AN ACT APPRQllRlATJ NU AN Al>DITlONAL SUM OF TWO HUNDRED THOCSAND DOLLARS, IN MONEY OF THE UNITED STATES, !-'OR THE PURPOSE OF CONTINUING. AND COMPLETING 'fHE PREPARATION OF THE EXHIBIT OF Tm~ PHILIPPINE ISLANDS AT THE LOUISIANA PURCHASE EXPOSITION AND THE CARRYING ON IN GENERAL 01;- THE WORK OJ<, THE PHILIPPINE EXHIBIT, AND ALSO AUTHORIZING THE EXPOSITION BOARD 1'0 GRANT CONCESSIONS, AND AMENDING ACT NUMBERED FIVE HUNDRED AND J;>OURTEEN, AS AMENDED, SO AS TO AUTHORIZE 'fHE CHAIRMAN OI' THE EXPOSITION BOARD, WITH THE APPROVAL OF THE SECR~TARY OJ<' WAR. TO APPOINT AND FIX 1'HE SALARIES OR \VAGES OF EMPLOYEES OF SAID BOARD IN THE UNITI<m STATES. Uy autliurity of the United Htatcs, be it enacted by the Philippine Comniis.sion, that: 8ECTfON I. There is hct-cby appro1n·iated, out of any fundii in tht! Insular T1-easut"y not otherwise 1lppropriated, the additional sum· of two hundred thommnd dollars. in money of the United Htates. to be expended by order of the Exposition Board in the prcparntion and maintenance of the Philippine exl1ibit at the Louisiana Purchase Exposition at Saint Louis, for the purposes and 11nde1· the restrictions set forth .in Act Numbered Five hund1-etl 11.nd fourteen, as amended by Act Numbered Seven hundred and sixty-five, and for the purpose of continuing and completing the preparation of the exhibit of the Philippine Islands at said Exposition. and for meeting the expenses provided in Act Numbered Seven hundred and sixty·fi\•e, for completing the neeess1ny buildings for the exhibits, fo1· lllying out the grounds included in the tmct of land assigned to the Philippine Pxhibit, and for the general purposes of carrying on the exhibit, including the cnre and · custod;r of the exhibits and tbf' gf'neral ·expenses authorized to be incurred by virtue of Act Numbered ll"ive hundred and fourteen. n11 nmendPd. Thf' sum hPreby appropriated shall be expended b~· OFFICIAL GAZETTE 305 order of the Exposition Board and in accordance with existing law. SEC. 2. The Exposition Hoard is hereby authorized to grant concessions for the sale of articles produced in the Philippine Islands or elsewhere, and to establish regulations for the conduct of such concessions. This authority shall be retroactive so as to authori1.e such concessions as have been granted heretoforr by the Board. 8Ec. :J. Section two of Act Numbered Five hundl'ed and fourteen, entitled "An Act creating a commission to securt>, organize, and make an exhibit of Philippine products, manufactures, art, ethnology, and education at the Louisiana Purchase Exposition to be held at Saint Louis, in the l'nited States, in nineteen hundred and four," as amended, is hereb;\· amended by striking out the last sentence of the second paragraph of said section, which reads as follows: "When a quorum of tho.? Board is in the United Rtates no positions shall be created and no persons appointed to the same, except by the unanimous vote of the three member;; of the Roa rd," and inserting in lieu thereof the following: '·In the abl'!enc<' from the Philippine Island!! of a majority or quorum of the meml>ers of the Board, the Secretary of the Interior of the Philippine Islands shall direct the appointment and fix the salaries or wages of such employees in the Philippine Islands as provided by Act Numbered Ont> thousand and fifty-five. and the chairman of the Board, with the approval of the Secretary of War, shall appoint and fix the salaries or wages of such employees in the Unit<'cl Rtatcs." This authority shall he retroactive i.;o far as to authori1..e any snch appointments mad<' sinct.> .Jnnuary first. nineteen hundred and four. SEC. 4. The public good requiring the speedy enactment of this bill. the pas'sage of the same is hereby expedited in accordance with section two of "An Act prescribing the ordl'r of procedure b;\' the Commission in the enactml'nt of iinVs." passed Rept<'mher twentJ•·sixth, nineteen humlred. SEC. 5. This Act shall take cff<'C't on its passage>. Rnacted. April i. 1904. [No. IllO.J AN ACT APPROPRlATING FlFTEE:\I THOUHAXD DOLLARS, IN MONEY OF THE UNITED STATES, l~OH GE~ERAL PURPOSES, TO BE DISBURSED BY THE DISBl1R8ING AGENT OF THE GOVERNMEXT OF THE PHILIPPINE ISLANDS AT WASI-111\GTO!\, D181'RICT OF COTXMBIA. By (iufhoi·ity of the United l:-ltalcs. lw ii ennclcd b.tf the l'hili/)pinc Commission, that: SECTIOi-; 1. There is hereby apprnpl'iated. out of nny fund!> in the Treasu!'y of the Philippine Islands not otherwise appropriated, the sum of fifteen thousand dollars, in money of th<' United States, to be transfC'rred to the Disbmsing Agent of the Government of the Philippine Islands at Washington. Distric·t of Columbia, nnd to be by him disbm·S<~d for the gcnC'rnl purposc1; of the Insular GoYernmcnt. Func\1; di;;lnm;cd in pur:-;unnc(• of this Act shall be charged by the Auditor for thl' Philippine Islands to the app1'opriations of the proper Bureaus, and tlw fund iwailable for the Disbursing Agent at Wn!:!hington slrnll be e1·editcd \\·ith th<' sum so C'lmrged to thl' se\'l'ral Bureaus :<o that thP funtl ;;hall be a reimbursable and permanent one. 8i,:c. 2. Tll<' public good requiring the speed~· t'lla<"tnwnt of this hill. the> pas;i:tge of the same is hereby cxp<'dit<•cl in nC'conlance with section two of "An Act prescribing the onl<'r of procedure by tlw Commission in the enactment of laws." pns,.;l'd Reptemhl'r twent)•-sixth, nineteen hundred. REc. 3. This Act slmll takP l'ffeC't on its pnssag-~·. EnactNl. April 8, 1904. EXECUTIVE ORDERS. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. Ext-:CUTIVE ORDER No. 17. MANILA, Aprit 12, 1904. The following is published for the information and guidance of all Government officials and employees in any way connected with the passenger and freight traffic of the Bureau of Coast Guard and Transportation: ( l) At Manila, passenger permits will be issued only upon receipt by the Chief of Coast Guard and Transportation of written requests, preferably on Bureau of Coast Guard and Transportation Form Numbered Fourteen, from the chiefs of the Bureaus or Offices to which the applicants belong. Each request must indicate plainly the name and official rank of the person desiring passage, the place of embarkation, the place of disembarkation, whether or not the party is to travel on official business, and the reason why transportation is requested. (2) Away from Manila, captains of vessels will require like requ~st in eaclt case from the Chief of the Bureau or Office concerned or his senior subordinate on the ground. (3) Each passenger will be allowed to bike along not ex· ceeding one hl!-nclred and fifty pounds of baggage. For this no pel'mit will be required. Baggage in excess of one hundred and fifty pounds will be treated strictly as freight, and a freight permit required for it. (4) At Manila, freight permits will be issued only upon receipt by the Chief of Coast Guard and Transportation of written requests, preferably on Bureau of Coast Guard and Transportation Form Numbered Fifteen, from the chief of the Bureau or Office interested. (5) Away from l\fanila, captains of vessels will require like request in each ease from the chief of the Bureau or OAice concerned or his senior subordinate on the ground. ( 6) In every case, below the signature of the official making transportation request .must appear his official title. ( 7) All baggage, and freight of a private nature if taken at all, will be carried absolutely at owner's risk. (8) All requests for transportation will be placed on record by the Bureau of Coast Guard and Transportation. (9) Freight must be delivered" and received alongside of cutters. At Manila passengers and baggage will usuallJ• he transported in Coast Guard launches to and from cutters. At other places passengers,· baggage, and freight must be transported in shore boats wherever it is possible to obtain them. (IO) Requests for transportation must be presented not Inter than two hours before sailing time of the boat, and in the event of the boat sailing early in the morning transportation permits must be secured the day before. ( 11) Forms Fourteen and Fifteen of the Bureau of Con!lt Guard and Transportation may be obtained of tl1e Public Printer tln·oul!h thP chi<'fS of the respective Bureaus or Offices in interc>st. J~UKE E. WRIGJIT, Civil Governor. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANn.A, April 15, 1904. EXEC~~~El~RDER } The follo\ving·nam<'d persons having received a majority of the votes cast in the elections for provincial governor held in the provinces designated on February first, nineteen hundred and 306 OFFICIAL GAZETTE four, and any irregularities which may have occurred in such election:-> not being deemed of sufficient importance to set aside the pro· cl•edings of the convention called under the provisions of section four, Act Numbered Eighty-three, Philippine Commission, as nmenclcd bv Act Numbered Three hundred and thirty-six, their !'!f'ctions a1:e hereby confirmed: :O:amc. Province. Peter Borseth_ ---------------- ________ Leyte. Leandro Fullon ____ --· __ ---------------- Antique. By .\. \\'. FERGUSSON, J:xecuti1:e Secretary. LUKE E. WRIGHT, OWit Governor. DJ.]CJSIONS OF THI<] SUPREME COURT. (No. 1304, Jnnuo.ry22.1904.J 'l'JJH CX17'RIJ S'l'>t'l'RH, complc1-foc111t and avpelke, cs. l'H'l'/UJ· }"/LO DONOSO ET A/J., defendants cind appellants. I. CRIHINAL LA.W; MURDER; ALE\'OSIA.-Thc defendants killed the deceased, whom they had arrested, while bound and helpless. Heid, that the crime is murder, the eireumstnnees of the killing constituting alet'll81a. t. !]).; 11>.: E\"IDF.NT l'l!F.llEDIT.1.TION.-ln the absence of evidence of <J\"crt ucts showing that the accused had meditated upon the commission of the crime prior to its execution it is error to apply the aggravating circumstance of C\'idcnt prcmedit.i1tio11. :1. In.; Io.; JUSTIFJC.1.TION.-The fact that the accu~ed, police officers, believed that a prisoner c11ptured by them was a brig1111d and killed him in consequence of that belief in no degree mitigate.~ their crime. ltE\'IE\\" o~ a judgment of the Court of First Jnstam·e oJ Samar. The focts arc> sbtted in the opinion of the court. Ein:il C. 8lllTH, for appellants. ~olieitor-Genernl ARANETA, for appellee. To1mEs, J.: The judgment of the court below, dated :March 26, 1903, which is before us for review and on appeal, condemned the defendants Pctronolio Donoso, Gregorio Calin, Fclis ~allos, and Timoteo Ladores to the penalty of death with the accessories and costs, as guilty of the crime of murder. By the same decision the defendant Antipatro Ada was acquitted and his discharge was ordered 1md the same action was taken with respect to the dcft'ndants Baldonido, Balaizuche, Ciego,· and Aquiatnn, the c•\"ideuce as to them being insufficient to support a conviction. On February 17, 1903, the provincial fiscal of So.mar filed an information in the Court of First Instance of that provinet> charging the nine defendants with the crime of murder, in that on the 24th of April, 1902, willfully, feloniously, with alevosia and premeditation, they attacked one Pedro Almasnn, inflicting upon him \"arious wounds which caused his death. and that afte-r killing him they decapitated his corpse. This in an uninhabited place in the township of Tubig and contrary to the statute in tlw case made and provided. From the evidence taken at the trial it appeal's that the munic· ipal prC'sidcnt of the lown of Tubig, by name Petronilo Donoso, acting under instructions of Lieutenant Collins, <'Ommanding the Anwrican troops stationed in the neighbol'ing town of Dolores, on the Island of Samnr. and in conjunction with Sergeant Leo <:ro;:.s, commamling the militaQ" detachment at Tubig, on thr :!-Uh nnd 25th of April, 1902. directed seYcrnl policemen of the town nnd nwmbrrs of the ,-olunteer eorps to make an expedition into t.lw nC'ighboring forC'st for the pmpose of compelling thr lown><prop\C' wl10 hml tnkl'll rC'fngr thE'r<' to l"C'turn to the villagE". Amonp: others. th<' <'Xpc1lition was C'omposPd of Gregorio Calin. F1>\ix Ilnllos, Timoteo Ladorrs, Antipatro Ada. Alberto Aquint:m. Hnfino Ci<'go, G:wino Bnlni?:uche. nnd Pablo Rnldonido. who \\"C'ft' :trmed with bolos and lances. About 2 o'<'lo<'k on the> aftl'rnoon of the> snmr rla:--· thr rxperlition arrivrd nt. t.hr forl'f>t of .-\nmn ,;urao, wht'I'(• the,\' fonud 1'(•1lro Almasan in his hons(• with hi~ wif(•. Peqwtu;1 Balmes, lwr sistl'r. l'ristt't.1 Balnw><, and s"onw st•\"cn otlU'r per><oll><, men ancl women. apparently relnti,·cs and friend>< of Almasan. The,\' immediately arrested Alumsan and botind him elbow to ell.JO\\". Gregorio Calin, a policenmn who wi1i.; Mmmanding the expedition, immediately directc<l that th<" inhahitanti.; of the> house should be remo\•ed from it and takl'll tO\rnnl the town, whieh order was ob<"yed, the peoplr in question being conducted h,l' the members of the {'Xpcdition. While on thr roacl. snspecting Calin's evil intentions, Almasnn',:; wife begged him on her knees not to kill her husband, who had been the lwi.;t man at Calin's wedding, but the latter pushed her away and told he!" to walk along and get out of the way. nnd imnwdiately aftC'r Calin attacked Pedro Almasan. wounding him in thr back with a Janee, whieh pierced him to the stomach. Felix Rallo.<> and Timoteo Ladores also took part in the assault, tll<' deceas<'cl being at that time bound elbow to C'lbow and con><<'quently unablr to <'Senpe or ward off the blow. Seeing this attne~, the wife of the deceased fninted, falling to the ground. NubsC'quentl,\· she heard Calin say, after the eommission of the <·rime. that he hnd killed her husband because. in the time of the Spanish Gm·ernment, his fatbel' had· been exile1l by orders of ! he deceas1•tl. 8hortl,\' after, while the wife of tlw deceased was walking along with the oth<'r prisoners, she sa\r that Timoteo La1lon•s wns eanying her husband's head, which had been separated from the trunk b_r Calin's orders. The head, which was subsequently presrntl"d to President Donoso, was, on the following day, upon the aniYal of the party in the town, exhibitl•d in the public ;;quare impaled upon the point of a fa.nee held b,l' the defendant Gregorio Colin, while President Donoso, in a loud tone, informed the crowd which had gathered that this was the head of Capt. Pedro Almasnn, a disobedient man, a thief, and a brignnd, am! then asked whether he had done right or wrong in having ordel'ed that the head of the deceased be brought to the town square, to which the crowd responded that he had done well. It further appears that the membel's of this expedition took possession of all the mone}·, jewels, and 9ther property belonging to the deceased, and before leaving set fire to the house in which he was nnested. Subsequently, 500 of the 650 pesos which had h<'en found in the house of tlw deceased were returned b,l· President Donoso to the widow, who also succeeded in reco\"er· ing some of the stolen jewelr:r. The evidence shows that, with the exception of the defendants Calin, Ballos, nnd Ladores, no other nwmbers of thC' C'Xpcdition took an~· pnrt in thC' murdrr of the deceased. In the course of the trial and after the prosecution had rested. counsel for the defendants mowd that Petronila Donoso, Antipntro Ada, Alberto Aquiatan, Rufino Ciego, Gavina Bnluizuche, and Pablo Baldonido be discharged, there being no c\"idenee against them, and also mowd that all the defendants be discharged upon the ground thnt they were entitled to thr benrfits of thr amnesty proelamation of July 4, 1902. The court below granted the motion of counsel for the defense in part nnd directed that Pablo Baldonido, Gavina Bnlaizuche. Rufino Ciego, and Alberto Aquiatnn be discharged. The provincial liscal C'Xeepted to this ruling aml the attorney for the defense ('Xeeptcd to the ruling with l'<'speet to the other five defendants. The reeord contains a writing filed h)' the provineial fisenl gi\•ing notice of appeal from a jmlgm<>nt of acquittal of the court in fayor of the four defendant:-; abow named. lipon thr termination of th<> trial and in Yiew of the e\·id<'nce nrlclnerd. the court below rl'ml<'l"ed judg"l!lf'llt on ~lnrl'h 20, 1903, :l<'quitting the def<'IHiant Antipatro Ada and condemning the ot.hns, Pctronilo Donoso. f;rc>gorio Calin, Frlix Rallos, and Timoteo Ladores, to the death pC'nalty. ael'essories. and eosb, directinJ? that the:--· be C'X<'<'ntrd h~- ;!tHrotC' in su<'h n mannn nnd nt su<'h 11 time and pilH'<' as th.- <'Ollrl might (\r.~i,!!Tlatf'. :rnd llirrC'tC'd that the 'lli(\ .-\1!11 hr imnwdiatrl.'· 1lis<'ha1·gN1. OFFICIAL GAZETTE 307 The ,-iolent killing of a human being, committed with alevosia hr tht' reason of the employment by the assailants of means and forms which tend directly and especially to insure the consummation of the crime without any risk to themselves which might arise from an attempt at self·defcnsc on the part of the person attacked, constitutes the crime of murder, defined and punished hy artic\(• 403 of the Penal Code, as the circumstance of alevosia qualifies the C'rime and i·equires the imposition of a heavier· penalty than that concsponding to the crime of homicide. There can be no doubt whatever as to the existence of the crime, for !Jedro Almasan was killed in the presence of a number of witnesses, and some hours afterwards his head, separated from the trunk, was exhibited in the public square of the town of Tubig, where it wa!! seen by all the inhabitants. Furthermore, Gregorio Ualin, on£' of the defendants, eonfesses the commission of the crime. The accused nil plead not guilty. The defendant Gregorio Calin, testifying as a \~·itncss in his own behalf, said that he killed J>edro Almasan because the lnttcr refused to go back to the town and to accompany the party as directed; that as night was falling and the return of the party was being delayed, and as the prisoner Almasnn even offel'ctl him money if he would release him, and he was furthermore afraid that the partisans of Almasan might fall upon them, he decided to kill him, and ordered his companion in the· expedition, Timoteo Ladorcs, to decapitate the corpse in order that the head might be presented to the municipal president, becaur;c the dead man was the leader of the thieves who were wont to invade the town of Tubig and rob the inhabitants, this being a notorious fact in the said town; that before the expedition under his or1lers left the town, President DonosO told him that if the leader of the thieves or any of the thic\·es themselves should refuse to return to the town he was to kill them; that the presidf'nt did not at that time mention the name of Pedro Almasan, although he subsequent!~· said that he ordrred him to kill Pedro Almasan, the chief of the brigands; that for this reason. upon returning to the town, he reported to the pl'esident that he had killed the said Almasan, and that he had brought the latter's head with him; that the president cxpl'cssed neither appl'oval nor disapproval of the deed; that the commanding officer of the town of Tubig also gave . him the same orders, to the effect that if he met Pedro Almasan, the lender of the thieves, he need not bring him back to the town, because nil the membel's of Almasan's band had been robbing the inhabitants. This defendant in his testimony denies that he killed Almasan on account of enmity or because the lutter had deported his father, but insists that he did so because he was so instructed b;-.• the president and h.v the commanding officer in case Alnmsan should refuse to accompany him to the town. Petronilo Donoso, testifying as a witness, stated under oath that when he surrendrrecl to the American militar"V authorities in January, 1902. hr was by them nppointf'd mu~1icipnl president of Tubig, which·omce he held until the time of his arrest; that Pc>dro Almasan in April. Hl02, was the lender of the J>E'Ople still in the hills, and was engaged in stealing carnbaos belonging to people who Imel sunendercd to tlw nuthoritirs and that, according to statrmrnts mnde by the poliC'e. Almasnn was the man who ordPrecl thefle robb<'ries; that these statement...;; were corrobornted b;-.• p<'ople who came into tlw town from the fol'ests: that in the month of Ji[arch prPcecling he had heard that the thieYcs llad C'Ut the telephonr wire and had {'arrird it to the forest; that on the :lcl of April thrC'E" men Pngaged in cutting nipn leaves at a placr cnllNI Palangui wPr<' surprisPd h:.· the thieYes, who dr· stro:.·E"d Uw l<'nYPS whiC'h thP)" had cut, beat these men, Rnd cnrriNI two of thPm :nrny: that on th<' 10th of tbe said month tlw said thirvP!I {'apture(l a girl who was out in the co1intry g11thC'rin!? pili fruit. :me\ killt>d anothrr woman. hrr compnnion. b('cnuf:c r;!Jp r;rrrnrnrcl: that on the following night thC'y E"ntrred thC' town and thru'>t thf'i1· lnn<'C'!; thro11gh thf' wall'> of Mill<' of thr houses where the people were lying asleep; that on the 18th of the month while three persons were engaged in cutting rattan hy orden; of the witness, at a place called Bananacon, they were surprised and two of them were killed, and that the survivor. by name Uatalino, came in and reported the occurrence; that on this account Lieutenant Collins ordered the witness to direct that the police and volunteers go into the mowitains for the purpose of gathering in all the people they might find there so that they might go on with the work to be done, and also directed that this expeditionary force should endeaYor to run down the thieves and robbers, the leader of whom, according to information received, was Pedro Almasan; that on a former expedition by the police and volunteers the witness instructed the leader, Gregorio Calin, that in case he should meet any thieves who refused to surrender and submit to the military authorities he was to kill them; that the same order had been given from time to time by the commanding military officer at Tubig; that he did not repeat the order at the time of the last expedition of the 24th or 25th of April but simply told Calin to try and get all the people in hiding in the forest to come into the town so that they might dispose of the public work there pending, and told him that if they did not want to come to let them stay; that when he saw the head of the deceased, which had been brought in by orders of Gregorio Calin, he asked the latter why he had brought it; to which Calin i·eplied that it wqs in order that the commanding officrr of the' town might know that he had killed Pedro Almasnn, the chief of the brigands, who was no personal enemy of his; that when the head was exposed in the public square of the town, he, the witnrss, asked the crowd if they knew whose head that was, to which they replied in the affirmative and added that when they wen! in the forests t.he deceased tried to prevent them from coming into the town to surrender; that Sergeant Gross returned the jewels which had been found in the dead man's house to the latter's family and took charge of the cash there, whirh amounted to some 500 pesos; that after the death of Almasnn a number of the leading men came into the town, as also some of the members of the band of briga~ds and a number of revolutionists who had not responded to General Guevara's call upon them to surrender. The witnesses :Mariano Docenn, Escolastieo Balanong, Manuel Bnhncs, and Alberto Aquiatan, who accompanied the expedition to the woods, corroborated the statements of President Donoso and denied that they had heard him give any instructions that HllJ' person was to be killed. and stated that the orders were that the cxpeditionarr foree was to require persons in hiding in the forests to return to the town, although the witnesses were unable to say whether or not Calin had reC'eived any private instructions. They testified furthN that they were n<Jt present when Almnsan was killed: as the first three witncssf>s named were in another squad of the expedition, and the last-nnmed witness was in advance in charge of the penions who had hccn arrested in Almasan's house. Alberto Aquintnn also testifircl that on the occasion of a former expedition the;-.· had arrf'st<'d fh·e men who were snb· scquently reenpturccl from them by thf' thiHes while on the way to the t0\\11.. and that their information was that these men lxolonged to the gang led hr the d<'cear;ecl Almasan. Claro Guevara, the so-cnllf'd commandE"r in chief of the re\'Olutionistfl in the Island of Rnmnr. tt>stifircl that on April 25. 1902. Pedro Almasan was thr muniripal pr<'siclent of thr town of Tubig and at the snmr timf' a captain of infnntr;-.· in the revoln· tionnry nrm;-.•: that he had never receind any complaints against Almaflan. and that hir; r<'pntntion was thnt of an honrst man who pcrformNI hifl duties in good faith. rvE"n in the timt> of the Spanh1h GoYernment: that he had bf>en twiC'e reelected muni{'ipal president of Tuhig; thnt in {'Onsf>qurnee of eonfrrE"nces bctwt>en himi.elf and G<'nernl i:;l.mith an nrmisticl' had hN'n ngTE"E"d upon from thl' midrlle of )[arch to the 2ith of April. Hl02: that Pedro Almnsnn knew that thi!! nrmistiN> rXifltE"d. afl apprarf: from two letter!'! which thf' 308 OFFICIAL GAZETTE witness had received from Almasan and which he exhibited. (Record, pp. 140, 141. i The evidence clearly shows the guilt of the defendants Pedro Calin, Felix Hallos, and Timoteo Ladores, of whom Calin was the fir.'lt one to run the deceased through with a lance~ his attack being ;ieconded by the other two defendants named. This was done in the presence of eyewitnesses to the crime and while the deceased Wll8 unarmed, bound elbow to elbow, and unable to defend himself. Consequently there can be no doubt as to the guilt of the three defentlauts as principals. The evidence in the record does not show sufficiently that Almasan was in fact the leader of a band of brigands engaged in pillage, for the witnesses who make this statement testify by hearsay only. Even if he were such, as the facts established by the evidence are that the deceased whc>n found by the policemen and volunteers gave himself up and allowed himself to be bound without making any resistance whatever at the time of his arrest or while on the road, and that he made no attempt to P.scape from his captors, there can be no justification for the murder of a man who surrenders without resistance, no matter how great a criminal he may have been. It is a legal principle universally l'ecognized in all civilized countries that the power to apply the laws in criminal cases, to jU.dge and to cany the judgment into execution, pertains exclusively to the courts and the judges, and that no penalty can be imposed for criminal acts except in accordance with the laws and by virtue of judgments rendered by competent courts and judges. No matter how severe the laws of war may be, some investigation, if only the summary proceeding of a drumhead courtmartial, is 1:Pquircd before a delinquent can legally be made to suffer the death penalty. Consequently the killing Or Pedro Almasan can not be justified as a lawful act. In the perpetration of this murder no aggravating circumstance appears to be present. The circumstance of premeditation does not exist because it does not appear that when Calin left thl~ town of Tubig in command of the expedition he had formed the premeditated idea and determination to murder Almasan, for his overt nets up to the moment of the commission of the crime do not show such an intention. The circumstance established by article 11 of the Penal Code must be applied in favor of the threP defendants in mitigation of the penalty by reason of their rncial l'haracteristics and ignorance. Doubtless it was under the bf'licf, which ma,\• or mn,y not have been erroneous, that Ahmtsan was in fact thC' leader of a band of brigands that they thought in good faith that tht>y were justified in killing him for the benefit of the town of Tubig. the inhabitants of which had 'l.>N>n victims of the crimes of the dC'ccased. For these reasons the penalt~· of the> law must be imposed in its nl.inimum degree. \Yith respect to Pctronilo Donoso, there is not sufficient evidence to convince us beyond a reasonable doubt that he had any pnrtic· ipntion in thn murder in question. His plea of not guilt:.• is not on~rcomt> by thC' sole testimony of Pedro Calin, unsupported hy nny other p,·idenct>, apart from the fact that his te!'.timony is that of a codl'fcndant nncl that he made !'.t>lf-contrndictory statements. J<'urthermor<', Cnlin's own explanation that tlwy killed Almasan in order that he might not cll'lily them nnd that they might not m. m·l'rtakPn by nightfall nnd hl'cnusl' the)' wC'l'<> afraid of the prisonrr's partisans is in itsC'lf suffkil'nt to C'Omlt>mn him and is tht> ()('st. dl'mon:<trntion of his guilt-tlmt is. tlmt in the comrnission of tht> C'l'illl<' he nctt>d upon his own spontanl'ons dPt(')·mination, and that hP wa:< not acting on the Hllg'g'CStion or inducement of any other pt>rson. ConseqnPntl:.· Donoso must bt> nl'quith~d. ThP evidence doefl not show that Alberto Aquintan, Rufino CiPgo, Gavino Baliliznch<', Pablo Bnldonido, and Antipntro Ada were in an~· wa~· participnnts in the crime. and consequently the judg· llll'llt of thP court below hr whil'h thp~· arP acquittf'd must hp affirmed. For tht> rpnson stntf'd. Wf' arP of the> opinion that tlw judg-mf'nf of the court below must be reversed and the defendant Gregorio Calin condemned to the penalty of twenty years cadena temporal omd the defendants Felix Ballos and Timoteo Ladores to thf' pl'nalty of seventeen years four months and one day of cadem1 temporal, all there of them to the accessories of civil interdiction during the penalty &nd absolute perpetual disqualification nm! subjection to the vigilance of the authorities during their lifetinw and the- indemnification of 1,000 insular pesos pro rnta or iii .~ofidum to the widow and heirs of the deceased and to the pa;nnent by each one or one-fifth part of the costs of both instances. The other defendants Antipatro Ada, Alberto Aquiatan, Rufino Ciego. Gavino Balaizuehe, and Pablo Bnldonido. Ul'f' acquittf'd with the remainder of the costs de oficio. Arc>llano, C .. J., :Mapa, Willard, and .Johnson .. J.J.. concur. COOPER and l\lcDONOUGII, J.J., dissenting: We dissent from the opinion of the 0majority, as we believe that the defendants arc entitled to the benefits of the amnesty proclamation of the President of the United States promulgnted ,July 4, 1902. [No. 1408. Janue.ry 25, 1904.) JUCAR/O J)f,' /,f.'0.Y, plaintiff and <1ppdlcc, rs .. ·L.YA.,'ITJC/O ;Y.·l VAL, <WfcJ1dm1I and fl1Jpellatrl. APPELLATE l'ROCEDURE; FINDINGS OF FACT; NEW TRIAL; Jl:IUSDICl'IO!'; OF APPELLATE CoUHT.-As a general rule the Supreme Court sits to correct error and unless a case falls within the cxccptioni; establfahcd b)' orlicle 49i of the Code of Civil Procedure, or there has been ll motion for a new trinl on thl' grounds therein designated, the evidence will not be reviewed b}· the appellate court or the findings of the trial judge disturbed. .:\PPEAL from II' judgment or the Court of Fil'st lnstnnt'<' of Rizal. The facts are stated in the opinion of the court. :.\IAmANO Mo:n10Y, for uppellant. FELIPE G. CALDERON, for appellee. ::\[Al'A, ./.: • All the questions raised by the appellant in his bl'ief concern the weight giwn by the judge below to the eYidence intl'oduccd by the parties at the tl'ial. Even the citation of uticlc 1280 of tlw Ci,·il Code in thC' nssignment of errors attached to the brief is made not for tlw pmposp of discussing the validity or legal l'fft>t·t of the C'Ontrnct of Imm upon which the action is bi1sedaml <"onsequentl~· this aspect of tlw cas<• can not be dealt with in our decision-but for the sole and exclusive pul'posc of showing thl' insufficiency of the evidence' to support a finding that sueh n loon was ever made. In summing up his contentions the appellunt says; ··As tlw l'\·ideucc is not of su!Jirif'nt wt>ight to pro\'(' thl' fact· upon whi<·h tlw <'Vidl'nce WllH offon•d, th<' conclusion of the l'OUl't \)('low that tlw C'\·idenl'l' sho.ws that the dl'fonclnnt is liable for an nmonnt for whil'h judgment was 11;011derPd lll!ll.inst him is without lt>gal fonnda tion." Xo motion lmving been made for 11 new tl'ial in the C'ourt below and the case not falling within nny of the othel' PX<'eptions <'Xprl'ssl~· t'stnblished in article 49i of the Cot!C' of Cfril Prorf'clm·P. it is usPlf'ss to rnisf' questions such as those prPSf'Utf'cl h;v th<> nppellnnt, for the law does not gi\'c> UH nuthorit~· to l'<'\'i<'w th<' c>viclenc<', nm\ the findings of the C'onrt i>C'low nrf' therf'forp final and irrf'YorahlP. PYPn though tlwy may haw lwPn <'l'ronl'ous or unj1\st. The jurisdiction of this court in ci\'il l'ases submitt('(I to it for its decision by n bill of f'X('('ptions is. as a g-t>ncrnl mil', limit<'d to dP('iding questions of law arising- from thf' facts found b~· the court below nnd which are C'Xprt"ssl~- prPSl'nt<'rl by the hill of PXCl'ptions. it heing- nssunwd. for thP pnrpof\C' of thf' discussion, OFFICIAL GAZETTE 809 that the facts are 1u1 found. It is only al'l an exception, and this solely in the cases abov<' mentioned, that the evidence can be reviewed by the appellate coul't. With the exception of these cases it is the exclm1ive province of the court below to weigh the evidence and make findings as to the facts established thereby. His juclg1m•nt in this respect is absolute and final. The court below in his ·decision finds as a fact that the plaintiff delivered 1,500 pesos to the defendant as a loan, and that the evidence shows that the defendant stills owes the plaintiff the .-;um of 1,125 pesos demanded in the complaint. Taking the.~c facts for granted, the obligation of the defendant to pay the said sum to the plaintiff is self-evident. (Civil Code, art. 1753.) The decisi'on of the court below by which the judgment is ordered against thC' defendant for that amount is therefore without error. ' For the reasons stated, the judgment appealed from is allinned with the cost:-:1 of this instance against the appellant. .Judgment will be entered accordingly twenty days after the date of the filing of this decision and the case remanded to the trial court. Arellano, C. J., Torres, Cooper, Willard, McDonough, and Johnson, JJ., concur. .Judgment affirmed. [No. 1S99. February 12, 1904.] THE UXITBIJ 8TA1'E8,complainant anrl appellce, vs. ·xoR!lb'RTO OBREGON, defenda11t wul appcl1a11t. CRIMINAL LAW; ATTEMPTED RAPE.-See fe.cls in this case held insufficient to warrant conviction for attempt to rape. APPEAL f;·om a judgment of the Court of 1"irst lnstimce of lloilo. The facts are stated in the opinion of the court. CARLOS LEDESMA, for appellant. 8olicitor-Genernl AKANETA, for appcllce. :\!APA, ./.: The contradictions of the witnesses for the prosecution in this cause al'e so numel'ous and of such a nature that their testimony can not produce conviction, beyond all remmnable doubt, of thfl guilt of the accused. The complaining witness, Vicenta Andoni, testifies that the shirt which she wore on the night of the occurrence, and which was introduced in C'\'idence, was torn in the shuggle which she had with the accusf'd while he was attempting to mvish her. This statement is overcome by the testimony of the eyewitnesses, Casimira Jereus am\ Basilisa Ylustre, called for the prosecution, who tC'stified umln oath tlmt the rents in the shirt were caused by the effort 1mule hy the complaining witness to extl'icate herself from the hands Of the policeman Sebio (Eusebio Sablaon), who tried to tak<' hel' out of the house by force. The little girl, Genoveni ,Jamora, who was also n witness for the prosecution. after fin;;t attributing these rents to the strnggle betweC'n thC' complnining witness and the accused, said Inter that th<'y werP causecl by the struggle of the policeman with the complnining witness and insisted defi'nitely Otl this last stntement. Casimira Jereus testified that she did not sec the defemlnnt tr~·ing to compel tlw complaining witness to lie down on the 8001', as the latter alleges in her testimony, and Basilisa Ylustre >'l\~'s, among other stntementli which arc absolutely self-contmdictory, that she did not sec the defendant do anything Jx.yond trying to persunde the compluinnnt to aC'cedC' to his d<'Sire. The snmC' witnC'ss, Bnsilhm Ylustrf', testifies that during- the occurrence which hns bl'Cn the l"!lU>'e of this prosecution thC'rC' was no light in the house of thC' complninnnt and the windows of the honRC' were closed, while Hilario Flores, another witness for thC> prosC'cntion. stnlt>s that he srtw thC' occurrence from tlw street l>ecause the windows of the house, which is low. were open and the house was clearly illuminated. From the whole of the testimony, that of the prosecution ll!< well as that of the· defense, it would appear, if the charge i;;i true. that the defendant attempted to ravish Vicenta Andoni in thC' presence of the four witnesses for the prosecution who were with her in the same room, and furthermore in the presence of several other people who were in the street serenading Vicenta's house, and who, on account of the house being very low, could and" did see everything which transpired in ~he house. Under these circumstances it appears to us highly improbable that rape would be attempted. It appeal's, nevertheless, that the accused and his companion, the policeman Eusebio Sablaon, forced open the door of tlu• house of Vicenta Andoni in order to enter it, and hied, under one prctC'xt or another, to take the said Vicenta from her house by forcC' and against her will. These acts may perhaps constitn~ the crime of forcible entry, or that of coercion, and the prosecuting ollicer may take such action in the premises as he deems <~xpedient in relation thereto. Therefore we l'CVel'se the decision appealed from and acquit the defendant, reserving to the prosecuting otTicer the right to institute such prosecution as he may deem proper in view of the facts which have been established in the case, with the costs of both instances de oficio. Arellano, C. J .. Torres, Cooper, \Villard, and Johnson, JJ .. hkDONOUGil, ,/., dissenting: I dissent because I think that the evidence adduced at the tl'ial is sutTicient to warrant a conviction and that the judgment of the court below should be affirmed. IJefendant acquitted. BUREAU OF CUSTOMS AND IMMIGRATION. CUSTOl(S AfJ~flNlSTRATIVE CIRCULARS. Xo. "1.H'i.-Regulating the treatment of articles intpo1·ted into the Philippine Islands tltro1t9h the mails. MANILA, Marclt 9, 1904. To atl Collectors of Customs: PARAGRAPH I. The following regulations and instructions governing the treatment of articles imported into the Philippine Islands through the mails have been adopted by the Collector of Customs and the Director of Posts for the Philippine Islands, jointly, for the purpose of expediting the delivery of such articles, and at the same time protecting the eustoms revenue. They shall be binding alike on customs officers and postmasters, and no deviation 'shall be made therefrom without special authority from the Collector of Customs or the Director of Posts. PAR. II. Collectol's of customs nre stationed at Manila, Iloilo, Cebu, 7.amboangn, nnd Jolo. In these regulations and instructions thC' post-offices at these places will be designated ns "exchange o!lices." amt the words "postmaster" nnd "collector of customs." as used in these regulations, arc to be understood as meaning either these officials or their authorized representatives. PAK. III. Upon receipt of mails at an exchange office from the Cnitcd ~antes or from a foreign country the postmaster thereat will sort out all letters and packages, sealed or unsealed, whether registered or in the ordinary mnil, which from appearance might contain matter liable to customs duties, for treatment as provided in these regulation;;. PAR. IV. (a)' All sealed letters. which from their appearunce mny C'ontain nrticles liable to customs duties, and all sealed packages from the United States or n foreign country, 'either registered or unregistcr("d, l'CC'ci\"ed at an exchange office. which ha\'e not passed through another exchange office of the Philippine Islands, and which are Ui he delivered to addressees at the exchange office 310 OFFICIAL GAZETTE of receipt, will not be delivered except in the presence of the collector of customs. When received, the postmaster will at once send notice to the addressee on Form 152;) b to appear at the post· office at a time fixed by the collector of custom·s, when the articles will be delivered to the addressee, who will at once be required to open the package in the presence of the collector of customs. If the article is found to contain matter liable to customs duties the amount of same will be assessed by the collector of customs, using Mail Entry Form No. 57, and final delivery made when such duties are pyid. ( b) Sealed letters, which from their appearance may contain articles liable to custom;i duties, and sealed packages received at the first exchange office, either registered or unregistered, which must be delivered to the addressee at some other post-office, will be held temporarily at the exchange office of receipt. The post· master at this exchange office will send notice to the addressee on Form No. 1525 c, informing him of the holding of the package at the exchange post-o/Hce and directing him to authorize_ the postmaster or some one else to act for him. When this authority is presented at the post-office, the article will be opened by the person authorized by the addressee, in the presence of the post· master and the collector of customs. The duties, if any, will then be assessed by the collector of customs and the package sent by official registered iuail by the postmaster to the postmaster at the office of delivery, with Mail Entry Form No. 57 and in· structions to collect the required amount of duties before delivery. The postmaster collecting such duties will remit the same with Form No. 57, by official registered mail, direct to the collector of customs from whom Form No. 57 was received. (c) Unde0r no circumstances will any sealed letter or package be opened at an exchange office by the postmaster or collector of customs; nor will the seal be broken by anyone except the addressee or his duly authorized representative. In case the postmaster is authorized in writing by the addressee to act for him, the postmaster will then act in the capacity of the rep· rcsentative of the addressee as well as that of postmaster. Nor shall the collector of customs seize or take possession of a registered article or any letter or sealed package while the same ifl in the custody of the postmaster, or until after delivery to the addressee. PAR. V. (a) Unsealed registered packages from the United States or a foreign countl'y, received at an exchange office, which have not passed through another exchange office of the Philippine Islnnds, and which al'e to be delivered at the exchange office of receipt, will not be delivered to addressee except in the presence of the collector of customs. In such caf!es the postmaster will pl'oceed the same as instructed in Paragraph IV, section (a), of these regulations and instructions relative to scnlcd articles. ( b) All unscaled packages received in the ordinary mail, which arc to be delivered at the exchange office of receipt, will, before delh·ery, be opened and contents inspected by the collector of customs nnd in the presence of the postmaster. Packages found to contain dutiable articles will be held in the post-office and the postmaster and the collector of customs will proceed the same ns directed in Parngrnph IV, section (a.), of tliese regulations. (c) All u11sealed packages. whether registered or in the ordinary mail, received at nn exchange office, which must be delivered to the addl'essee elsewhere than at the exchange office of receipt, will be opened and the contents cxnmined by the eollector of customs in the presl"nce of the postmaster. In case the package is found to contain nrticlcs subject to customs duties, assessment thereon will be made by the collector of customs and the package forwarded as official r<'gistt>red nmil, hy the postmaster, to the postmaster at the office where the delivery is to be made to addresst>c with inf>tructions to collect the dutirs and remit snme as prm·ided in section (b), Paragraph IV, herein. PAR VI. (a) In a case of packages received by parcels post from foreign countries, which appear to be undeliverable, the postmastel's at post-offices of destination shall, at the t>xpirntion of thirty days from the date of their receipt, repol't the fact to the Director of Posts, giving the reasons therefor, stating thl' nnmes and ad· dl'esses of both senders and addressees of the packages, dates and places of mailing, date!J.~f receipt, and what the packnges are said to contain, and hold the packages subjeet to further orders. ( b) In the case of refusal or neglect of the addressee of sueh dutiable packages, other than parcels post abo\·e provided for, to apply for them at the post-offiee of destination, or delivery at other than exchange office, within a period of thirty days from the date of their receipt at such place, and to pay the customs charges and any postage charges levied thereon, or if there is a failure in delivery for any other cause for this period of time the postmaster at said office will specially return the packages and ).fail Entry Form No. 57 under ollieial registration to the post-office from which received, both marked to show why delivery Wnfl not nrnde. (c) Exchange-office postmasters oth;r than 'l\Iunila will fol'ward all dutiable packages undelivered from any cause for a period of thirty days and a.JI such packages recei\·ed back from other offices, to the postmaster at Manila, after making proper notation of nondelivery, as provided in the preeeding section. (d) The postmaster at Manila, if unable to secure delh·ery of any packages received under the above instructions, will forward the same to .the Dead Letter Office of the Bul'eau of Posts, and return the :Mail Entry Form No. 57 to the eollector of customs by whom made out, with proper notation to show disposition made of the package and the eause. PAR. VII. Letters and packages addressed to foreign eonsuls, which bear the official seal of the consul's government, shall be forwarded to destination and delivered to ilddressee without being subject to inspection by officers of the customs scrviee. PAR. VIII. Paekages which upon examination are found to contain articles the transmission of which in the mails is forbidden by law or order, or which contain articles the importation of which into the Philippine Islands is prohibited by law, will be withdrawn from the mails at the exchange office and sent to the dead-letter office of the Bureau of Posts: Provided, That any articles seized as illegal importations through the mails may b<' released, provided such articles shall be remailed to the foreign sender at the expense of the addressee and in the presence of till' customs officer. PAR. IX. All packages the contents of which have been examined and found not to contain anything suhject to customs duties, or on which the duties ha\'C bel'll remitted, wilf, before delivery to addressee or forwarding in the mails for delivery at another office, be stamped in a. conspicuous place, "Contents examined by collector of eustoms at ~- and no duties assessed," and all such packages shall be delin~rcd without further customs treatment or inspection at other exchange offices. PAR. X. Collectors of customs at exchange post·offic<'s shall detail a customs examiner to visit the post-offices at their ports on those days when mails arrive from the United States or a foreign port, and on such other days as may be nece!isary for the conn>nience of the· public, for the purpose of assessing and eollecting duties on packages !inbjeet to customs supervision, and shall satisfy thcmselvC!s that the work in question is performed thOI'· oughly and extends to all dutiable mail matter so that the interests of the revenue al'c protected. The examiner so assigned shall not interfere unneces!iaril~· with the work of handling thl' mails by the postmaster. PAR. XI. Postmasters are required to e"xtend to customs officers .~pccially designated for that duty by the collector of custom" such facilities us may be necessary to enable t11l'm to cxnminl' mail matter arriving in the mails from points outside of the Philip· pine Islands in order to protect the customs revenue. OFFICIAL GAZETTE 311 PAii. XII. Philippine customs officers shall give due publicity to the terms of this circular. H.B. McCoy, Acting Collector of Customs for the Philippine Islands. Concurrrd in and approved: C. ~I. COTTER~fAN, Director of Posts. No. 208.-I'ro·viding regulations for filing protests on goods entered for bond, and amending tlte prodsions of Customs Administrative Circular No. 152. MANILA, March 11, 1904. 'l'o all Collectors of CWJto~: P ARAORAPH 1. The following excerpt from the ruling of the Court of Customs Appeals, in case docket No. 639, is published for your information and guidance in connection with the instructions contained herein: "Payment of duties, etc., must be made before a protest is entitled to be heard. To require a protest to be made within two days from liquidating the entry in bond would be to require the payment of duties, etc., or forego the right of protest, and to pay on merchandise which might be afterward exported without the payment of impbrt charges. "The court is of the opinion that but one construction can be placed upon the foregoing and that is that protest may be made within two days after making payment of duties, and that this applies to merchandise entered in bond." PAR. II. The text of the above-quoted decision shall not be construed to prohibit the filing of protests on merchandise entered for bond, aS is provided for in Customs Administrative Circular No. 152, but such protests sliall be received and passed on by collectors of customs, and in the event the protest is sustained the entry covered thereby shall be reliquidated in accordance with the ruling of the Collector of Customs, and proper allowance made on the bonded warehouse books. A copy of the reliquidated entry, together with the original protest and copy of the ruling thereon, will be forwarded to this office for approval and transmission to the Auditor for the Philippine Islands. PAR. III. Decisions of coJlectors of customs on protests filed as provided in the preceding paragraph of this circular shall apply to questions of classification, valuation. or of a similar nature only, and no appeals shall be allowed therefrom. PAR. IV. In case the protest is not sustained the importer shall be so notified and shall be informed of his right to agRin protest under the provisions of section 286. Act 355, at the time of the withdrawal of the merchandise from bond and the payment of duties thereon. PAR. V. In case any of the merchandise covered by protest filed in accordance with the provisions of this circular is withdrawn for consumption and duties are paid thereon prior to receipt of the decision of the Collector of Customs on such protest. the importer. to protect his rights, must file a valid protest a:?ninst such payment as provided by section 2Rfi. Act 355, which protest shall be considered and a decision rendered thereon in the usual manner. Payment of duties on merchandise withdrawn from bond for consumption covered.by protests filed in accordance wit.h the provisions of this circular shall cancel such protests as to the merchnnclise on which the duties nre paid, and in t.he absence of a valid protest. except as specially provided by law, surh payment shall be final ns ag-ninst the importer. PAR. VI. So much of Customs Administrative Cirrular No. 152 ag is in ronfli<'t wit.h the terms of t11i!1 circulRr is hereby revoked. PAR. VII. Philippine customs officers shall :?iVe clue publicity to the terms of this circular. H.B. McCoY. Actin,q Collrcfor of f!11Momn for r11c Plu"lippinc f.q1fmtf.q, 16903-2 No. 299.-Closing the ports of Abuyog, Island of Leyte, and Santa Maria, Island of Mindanao, to the coastwise trade. MANILA, March 14, 1904. By authority of the Civil Governor of the Philippine Islands the ports of Abuyog, Island of Leyte, and Santa :Maria, Island of Mindanao, are hereby declared closed to the coastwisc trade. H. B. McCoY, Acting Collector of Customs for the Philippine Islands. Xo. 300-l'ublishing opinion of tile Attorney-General -in regard to refunWJ of duty 011 coal for use on steam vessels, and prov-iding rcg11lutio11s for the filing of entries for such coal. MANILA, March 15, 1904. To all Collectors of Customs: The following is hereby pul.ili.;;hed for the information and guidance of all concerned: "SIR: The following opinion of the Attorney-General for the Philippine Islands, in regard to the matter of refunds of duty on coal for use on steam vessCls, under the provisions of section 224 of the Customs Administrative Act, is hereby published for }"Our information: "'This section requires as a condition to the refund the filing of a form in which the owner of the coal (withdrawn) truly declares that said coal is to be used as fuel on a described vessel and will not be relanded in the Philippine Islands. " 'These conditions can not be complied with by an importer of or dealer in coal who has no connection with the exporting vessel and can therefore exercise no control in the disposition of the coal after it has been placed on board that vessel. The only person who can make the requil'ed declaration is the owner or agent of the vessel, and since the declarant must be the owner of the coo.I, or his agent, he is the person entitled to the refund.' "Under the above interpretation of the law by the Attorney· General, it will be necessary in the future for you to require the entry for coal to be used as fuel on board steam vessels, provided for in section 324, to be made by the owner, agent, or master of the vessel on which the coal is to be consumed, and if said agent, owner, or master is not the importer of the coal you \Viii require that they present with their entry a certificate from the importer of the coal, showing the sale, by the importer to the person making the entry, of the amount of coal to be loaded on his vessel. This certificate will set out the amount of coal sold, the vessel on which the cargo of coal arrived, the date of entry, the entry number, the voucher number, and the date of payment. It will be filed in duplicate, and \vill be attached to the entry made under the provisions of section 224. Upon the receipt of the surveyor's return of loading, the certificate provided for by law will be issued in the usual manner. "Your attention is particularly directed to the fact that under this opinion of the Attorney-General, and these instructions, it is not necessary that the person making the entry provided for in section 224 should be the importer of the coal, but that any owner, agent, or master of a steam vessel may make the entry provided for and secure the refund of duties thereunder. "You will also require the entry for con.I to be used ns fuel on board steam vessels to be signed, showing whether the person making the so.me is the owner, agent or master of the ve!lsel on which the coal is to be loaded., Respectfully (signed), H.B. McCoy, Acting Collector of Customs for the Philippine Islands.'' H. B. Mcf'oY. Act1ng Coller-tot· of Cu.~tnms for tl!f' Pl1ilippi1w 1.qfonds. 312 OFFICIAL GAZETTE No. 301.-Rcvoking a1ttlw1·ity of the Union Surety and Guaranty Company of Philadelphia to do business in ~he Philippine Islands. MANILA, March Ji, 1904. To alt Collectors of Customs: PAR.\GBAPll I. You arr. hereby notified that the authority of the Uuion Surety and Guaranty Company of Philadelphia to do busi· ness in the Philippine Islands has been revoked, and no new bonds of the said company shall be accepted by you. PAR. II. Customs Administrative Circular No. 164 is hereby revoked. PAR. III. Philippine customs onicers shall give due publicity to the terms of this circular. H. B. McCoY, Acting Collector of Customs for the Philippine Islands. No. 303.-Publillhing resohttio11s of the Boa1·d of Health for the Philippine lslrtnds, Jlarch 2.1, 1904, decla1·ing the city of Manila free from the infection of Asiatic cholera. MANILA, March 26, 1904. To all Collectors of Customs: P ARAGRAPl-I 1. The following cxtmct from the proceedings of the Board of Health for the Philippine Islands, passed March 23, 1904, is hereby published for :rour information: "Whereas the last case of suspected Asiatic cholera occurred in the citv of Manila on Februarv 29, 1904, and the last-known case occmT;d in .the city on Febru.ary 3, 1904, there having been but four positive or suspected cases of Asio1tic chol<>ra in the city since January 6, 1904; and "Whereas the provinces adjacent to Manila have been free from cholera during the present calendar year: On motion, "Resofoed, That the city of Manila is, and is hereby declared, free from the infection of A!!iatic cholera .. " PAI!. II. Philippine customs officers shall give due publicity to the terms of thi.~ circular. H. B. McCoy, Acti11.g Collector of Customs for the Philippine Islands. No. 304.-Reg1ilalion.~ for license.~ of i:essds in Jlol°o Province. MANILA, Jllm·ch 28, 1.904. To all Collecto,-s of Customs: PARAGRAPH T. Morn vessels and boats whirh haw heretoforl' lx>en l'xempt from the pa~·mcnt of lie<'nse and admeasurement fees shall hereafter be reqnir<'d to pa~· sneh fl'Nl. and shall be g-overned by the lnws applicablP to vessels rngnging in the coastwise trade. PAn. II. Licrnscs i!;sued undl"'r the provisions of this circular to vessels which nrc> now opnnting in tlw coastwise trade shall bear the date of this circular. and shall expire as provided by law an1l eustoms regulations. PAR. III. Philippin<' f'nstoms ollkers slmll g-ive due publicity to thl' trrms of this circular. H.B. McCoY, Acting Collf'cto1· of Cu.<:tom.<: fo1· tlle PliiTivpine Islands. No. 305.-P11blisl1ing .-let No. 1(J95 of 111<' Philippine Conrnrission, so amcmling Act No. Ri.'i as to permit tlte free entry of ord1mncc and ord11amcc stor<'s imported by the T11.<:11lar G<nJernmf'nt. . MANif.A, April 5, 1904. To all Collectors of Customs: PARAORAPil T. The following Act No. 1095 of the Philippine Commission is ht>rc:>by pnblishl'd for thl' information ;md guidnnrf' of all conc"rned: · "[No. 1095.] "AX ACT SO A:.\IENDIXG ACT NL'MBERED EIGHT Hl"XDRED AND SEVENTY-FIVE AS TO PERMIT THE FREE EXTRY OF ORDNAXCE A~D ORDNAKCE STORES DI· PORTED BY THE INSULAR GOVERNMENT. "By authority of tlw Vnited States, be it enacted by the Philippine Commis.<:ion, that: '·SECTION l. 8ection two of Act Numbered Eight hundred and seventy·five, cmtitled 'An Act providing for the collection of duties on goods, wares, and merchandise imported into the Islands for use bf the insular, provincial, or municipal government,' is hereby amended by adding at the end thereof the following words: "'And fm·ther provided, That this Act shall not atl'ect the free entry of ordnance and ortlnancP stores that have been or shall be purchased by the Government.' "SEC. 2. This Act shall be retroactiYc so far as to apply to nil existing contracts for the purchase of ordnance and ordnance stores, and to all ordnance and ordnance stores which have not been paid for by the Philippines Constabulary. "SEC. 3. The public good requiring the syeedy enactment of this bill, the passage of the same is hereby expedited in accord· ance with se~tion two of 'An Act prescribing the order of pro· cedure by the Commission in the enactment of laws,' passed Sep· tember twenty-sixth, nineteen hundred. "SEC. 4. This Act shall take effect on its passage. "Enacted, March 29, 1904." • PAR. II. Philippine customs officers shall· give due publicity to the terms of this circular. H. B. McCOY, A cNng Collector of Customs few the Philippine Islands. No. 306.-Instructions regarding the preparation, acceptance, in· dorsing, and transmission of checks for depo8it in the Insular Treasury. MANILA, April 5, 1904. To all Collectors of Customs: With view to obviating any unnecessary delay and facilitating the deposit of funds in the Insular Treasury, all customs ofli<'NS in charge of Government money are directed to exercise the greatest care in the preparation, acceptance, indorsing, and tnm,.;· mission of ehecks, refusing to accept any on which the indor.~t'· ments are incorrect or in any way irregular, and indorsing, with official signature and title, all that nre forwardt"cl. direct or through the Collector of Customs for the Philippine Islands. for deposit in the Insular Treasur~'· Ch('cks indorsed b~· mark (X) shall be witnessed by at J~ast two persons, giving their addressei;. Unless checks are properly prepared nnd indorscd, the Trensurt>r for the Philippine Islands, ns ii matter of i;elf·protection, will return them to the officer from whom received. H. B. M:cCoY, .tcting Collector of Customs for the P1dlippiue [.<:land.<:. No. ::107 .-Tnvit-ing attention of iniporters and others to the fact that cashier's receipts at the pm·t of Manila have been altered by priva.te custom-house agents, and ordering criminal prosecution in any case 10/iere same is detected. MANILA, April 7, 1904. To all Collectors of Customs: You ar<> directed to invite the attention of all importers, export· ers, shii} agents, and the public in general to the fact that private cui;tom-house ngents ha.ve been drtected at the port of l\fnniln in the alt<>ring of cai;hif>r's receipts by increasing the amount shown by such receipts. This was done for the purpose of defra.uding OFFICIAL. GAZETTE 313 thl'il' employers out of \•arious sums of money, and in one instance I he practiec• continued for several month!! and resulted in a loss to the importer amounting to hundreds of dollars. You are also directed to commence criminal proceedings in any cases of like nature that may develop at your ports. A copy of this circular shall be furnished to all importers throughout the PhilippinP. Islands. H. B, McCOY, Acting Collector of Customs {01· the Philippine Islands. ?.fANILA CUS'l'Ol(·llOUSE GENERAL ORDER. No. 70.-Supplemental regulation.s in re collection of storage charges prescribed in Manila Custom-House General Order No. 60. .MANILA, Aprit 8, 1904. The basis for estimating at the port of :Manila the respective amounts of storage charges due on any merchandise or parts of consignments subject to storage charges prescribed by the terms of Manila Custom-House General Order No. 60 may be ascertained, in the discretion of the collector of customs, figuring the rate per ton on the bill of lading entered or actual weight or measurement. H.B. McCoY, Acting Collector of Customs for tlte Philippine lslam.ds. NOTICE. SALE 'OF TRE INSULAR COLD STORAGE AND ICE l'LANT. Sealed bids for the purchase of the Insular Cold Stornge and Ice Plant located at Manila, P. 1., will be received on or before the 2ith day of June, 1904. The plant includes one of the most ,·alunble locations in the city of Manila on the Pasig River, occupying the whole space between the Suspension and the Santa Cruz b;idges, with abundant water frontage, and in the immediate vicinity of the business center. The buildings and machinery are in every 1·espect new and modern, completed in the year 1901. The sale will include the land and water transporta· tion belonging to the plant, including insulated lighters and barges, delivery wagons, horses, and hunesses. For the fiscal year 1903 the total revenue of the plant was $332,194.l i; total expenditures for the same period, $198,338.83, leaving an excess of re\•enue over expenditures of $133,855.34, United States money. The plant as a Go,·crnment institution does not compete with private establishments of a like character. In the hands of a pl'ivate corporation the income could be very largely increased. No bid for less than $1,000,000, United States money, will be considered. Bids will be received on the basis of an unrestricted sale, and also on the basis of an agreement on the part of the purchaser to furnish ice to civil employees for fi,·c years at the present Government rnte of one·half cent, gold, per pound. The right to reject any and nil bids is reserved. Each bid must be accompanied by a certified check payable to the. Go\•crnment of the Philippine Islands for 5 per cent of the amount of the bid as security for the fulfillment of the contract should the bid be accepted. TBllMS.-Payment to be one·third cash and the balance in three eqmd nnmml pa;-oncnts, at 6 per cent interest per annum; the unpaid portion of the purchase money to be secured by mort· gag<' on the property or by other satisfactory security. Bids may be filed with the Chief of the Bureau of Insular Afi"ail's, War Department, \Ynshington, D. C .. or with the Secretary of Finance 11nd Justice at Manila. All bids must be filed before 12 o'clock noon, June 2i, 1904, at which time the bids will be opened. APPOINTlIENTS. By the Honorable Cil'il Governor. DUUEAU OF JL"STJCE. A. S. Crossfield, authorized to assume the duties of the Court of First Instance for the Fifth Judicial District, in the Province of Rizal, April 12. Vicente Jecson, judge of the Tenth Judicial District, April 5. James C. Jenkins, judge at large, April 5. P1·oi:inccs. Claro Pascual Sevilla, acting go\·ernor, April 15. Bli:NGUET. A. H. Perkins, chief engineer, Bengnet improvements, April 7. CEBU. Sergio Osmciia, acting gO\'ernor, April 15. LEYTE. Domingo Franco, pro,·inci1:1l fiscal, April 5. Numeriano Bonifacio, acting provincial secretary, April 13. NUEVA ECIJA. Cl'ispulo Sideco, acting provincial governor, April 15. SORSOGON. Vicente de Vera, acting provincial governor, April 14. .Manuel de Leon, acting provincial governor, April 14. By the PWlippine Civil Service Board. Executive lJepro·tment. EXECUTIVE Ul:REAU. Nazario A. Santos, clerk, April 1, $300; probational appoint· ment. J. l\I. Lacalle, clerk, April l, $1,600; promotion from class 8. William N .. Mahon, clerk, April l, $1,600; promotion from class 8. Emilio de Zui1iga, clerk, Apl'il l, $360; promotion from Class I. Villers S. Brant, clerk, April 3, $1,200; probational appoint· ment. Edwal'd L: Watson, clerk, )larch 30, $1,400; probational appointml?Jlt. Quirico Albano, clerk, April I, $300; transfer from Insular Cold Storage and Ice Plant. INSULAR PURCIIASlNO AGEN'l". A. D. Collins, clerk, Fcbrnnry 13, $2,000; promotion from class S. James P. Joyce, watchman, .:\larch 23, $720; probational appointment. Norman E. llayle~s, clerk, April 3, $1,200; probation1tl appoint· mcnt. Thomas P. Temple, clerk, April G. $1.000; prohntionnl nppoint· mcnt. L. A. Schoppe. clerk, February 13, $1,000; promotion from C'lass S. l'IIILlPPI:N'E c1nr. SERVICE llOAntJ. Inocencio ConccpciUn, clerk, )larch 21, $1,000; v1·omotion from Class A. Archif' F. Cameron, clerk, April 3, $1,200; probational appoint· ment. Charles R. Thomas, clerk. Apl'il 5. $1.000; probational appoint· ment. 314 OFFICIAL. GAZETTE Department of the Interior. BOARD OF HEALTH FOR TUE PHILIPPINE ISLANDS . . John G. Slee, chief veterinarian, April I, $2,000; promotion from class 6. Thomas M. Owen, veterinary surgeon, April 1, $1,800; pro· motion from class 7. Celestino Chaves, clerk, April 6, $360; probational appointment. FORESTRY BUREAU. E. E. Christensen, assistant inspector, March 17, $1,400; promotion from class 9. Rafael Rodrif:uez, ranger, March 28, $300; probational ap· pointment. ·Amos G. Bellis, chief clerk, April 1, $1,800; prolnotion from $1,600. Rafael Lopez, ranger, April 2, $300; probational appointment. A. J. Eveland, geologist, January 16, $2,000; probational ap· pointment. BUREAU OF PUBLIC LANDS. C. Everett Conant, clerk, April 2, $1,400; transfer from the Bureau of Education, $1,200. BUREAU OF QOVERNMF.NT LABORATORIES. A. j\{. Clover, chemist, April 51 $2,250; probational appointment. George F. Richmond, analytical chemist, April 5, $1,600; prnbational appointment. Harry N. \:Vhitford, botanical collector, March 30, $1,200; probational aPpointment. PUILIPPINE CIVIL HOSPITAL. Mrs. Sarah E. Spitler, nuJ"se, April 1, $840; promotion from $720. Dean W. Britting, attendant, }.farch 30, $600; reinstatement. Department of Commerce and Police. BUREAU OF POSTS. Tailor Newcomb, clerk, :March 26, $900; probational appointnwnt. Hobel't G-. Schiclds, clerk, :March 29, $900; probational appointment. :Merwin \Ycbster, clerk, April 4, $900; probational nppointment. J. W. Dutton. postmaster, Aparri, Cagayan, April 1, $1,200; promotion from class 10. Raimundo l\Icndoza, rlcrk, April 1, $150; promotion from $120. Jose Vasquez, clerk, April I, $150; promotion from $120. J. E. Northrup, clerk, Mnnilu post-office, March 1, $1,200; trnnsfer from postmaster at Nueva Caceres. Pedro Frutos, clerk, ::\forch 5, $240; reinstri.tement. BUREAU OF PIIILIPPI:>IES CONS1'ABULARY. Ricardo Alovera, clerk, 1\farch 25, $360; probational appointment. Guy ::\L Willer, shops foremnn, :Murch I, $1,200; probational appointment. BUREAU OF COAST GUARD AND TRANSPORTATION. n .. J. Curran. inspector of nmchinery, lforch 24. $2,500; promotion from $2.250. ,Juan Serrano, mason. March 16, $2.50; promotion from $2 Jl<'f diem. Jf. Gregorio, Jig-ht keepN. April 1, $420; promotion from $360. llUREAU OF COAST ANll GEODETIC SURVEY. Clarence L. FylTl'. foreman, Fcbruar~· I. $1,200; trnnsfer from Fol'l'"tr~· Blll'C"all, $900. BUREAU OF ENGINEERING. Tlc>nr;-• F. Labe\lt.>, a;;si:-;tnnt cng-inrrr. April 5, $1.800: prnlmtionnl nppointmcmt. B. ,J. Daniel, stenographer and typewl'iter, April 2, $1,000; probational appointment. Department of Finance and Jrtsticc. BUREAU OF TUE INSULA.B TREASURY. Victor Trego, clerk, }'ebruary 3, $900; probational appointment. Charles R. Brumer, clerk, April I, $1,400; promotion froin class 9. G. E. Schilling, clerk, :March 21, $1,400; transfer from office of provincial treasurer, Ambos Camarines. BUREAU OF THE INSULAR AUDITOR. David R. Gray, clerk, 1\Iarch 25, $1,200; probational appointment. BUREAU OF CL"STO:\IS AND lMMIGRATIOX • . Mariano Valdivieso, clerk, February 26, $180; reinstatement. Samuel Bardelson, clerk, 1\larch l, $1,200; promotion from storekeeper, $900. Jasper D. Carter, baggage inspector, February 23, $1,000; promotion from fourth-class inspector. Jose P. Tagle, clerk, Mal'ch 24, $180; reinstatement. INSULA.ll COLO STORAGE AND ICE PLANT. }'rancis C. Ferrier, clerk, April, 6, $1,200; probational appointment. Emil H. Yost, clerk, April I, $1,200; probational appointment. Charles S. Phillips, clerk, :Mal'ch 30, $840; probational appointment. William :Miller, water tender, :March 15, $888; promotion from $840. Castor Gutierrez, clerk, o!lice of fiscal, Fifteenth Judicial District, January 26, $240; probational appointment. ,James W. Duncan, stenographer at large, April 16, $1,200; transfer from office of the Attorney-General. Department of P1tblic Instruction. BUREAU OF EDUCATION, \\·alter J. Heaborn, clerk, :March 28, $1,200; probational ap· pointmcnt. Geol'ge B. :McMahon, clerk, l\larch 28, $900; probational appointment. Pedro P .. Logan, clerk, February 25, $300; probational appointment. Petlrn G. Flores, clerk, April I, $360; promotion from Class I. Clinton D. Whipple, tei\cher, :March 30, $1,200; probational appointment. Albert H. DaYis, teacher, l\larch 30, $1,000; probational appointment. Dana Q. McComb, teacher, March 30, $1.000; prnbational appointment. Ira B. Nutter. tcaehel', l\farch 30, $1,000; probational appoint· ment. ,John G. Rem<'y, teacher, )fol'ch 30; $1,000; probational appointment. Algernon M. GJ'ecn, teacher, March 30, $900; probational appointment. BUREAU OF PUBLIC PRl:'.'i'TING. Albert Walker, watchman, )larch 24, $720; probational appointment. Raymundo Kantes, upprrntiC<', ::\farch 23, $0.20; probationnl appointment. Felipe )lananquil, junior bookbimler. ~JarC'h 5. PJ.50; probational appointment. Jacinto Chan·~. junior hookbindC'r, April 1. PJ.2.'i: probational <1ppointmcnt. OFFICIAL GAZETTE 315 Clemente Zulueta, junior compositor, )larch 2, 'P2.25; probational appointment. Xa?.al'io Pasicolan. junior compositor, )larch 28, P2.50; probational appointmCnt. :Melchor Bustamante, junior compositor, April I, 1"2.50 probational appointment. Francisco Sugui, apprentice, April I, $0.40; promotion from class 5. Gregorio Gargantilla, apprentice. April I, $0.40; promotion from class 5. Oscar Johnson, clerk, April 1, $1,000; promotion from class 8. Benjamin F. Durr, crafts1rnm instructor, April ], $1,600; promotion from $1,400. Mrs. :Margaret Hugo, copyholder, April 2, $900; probational appointmcmt. City of Manila. OEPARTllENT OF ENGINEERING AND PUBLIC WORKS. William J. Giusti, teamster, April 1, $720; probational appointment. Aquilino Santos, foreman street consti·uction and bridges, April I, $480 ; promotion from foreman $420. C. H. Dutton, engineer in charge, lt.farch 26, $1,800; promotion from assfatant engineer, $1,600. Albert G. Crawford, teamster, March l, $840; promotion from $720. William Hanes, teamster, March l, $840; promotion from $720. .John L. Garrison, teamster, March 1, $840; promotion from $720. Rudolph A. Johnson, teamster, April 9, $720; probational appointment. DEPARTMENT OF ASSESSMENTS AND COLLECTIONS. Florencio Inoccntes, clerk, :March I, $300; promotion from Cla»S J. Leo Brock, clerk, April i, $1,200; reinstatement. FIRE DEPARTMENT. Frederirk Chosse, fireman, first class, April 5, $900; probational appointment. William F. Dauber, fireman, first class, April 5, $900; proba· tional appointment. Frank W. :Mathews. fireman, first class, April 5, $900; proba· tional appointment. LAW DEPARTMENT. E. P. Du Fresne, clerk, March 23, $1,400; promotion from class 9. P1·ovinces. AllBOS CAMARINES. Jose S. Ocampo, clerk, March 21, P480; probational appoint· mcmt. ANTIQUE. F . .M. Snook, d<'puty, January I, Pl,680; promotion from Clnss C. Pedro Lim, clerk, l\larch I. P'-180; pl'omotion from $150. Luis Espiritu, clerk, March l i, $150; promotion from "'cnger, $60. CEllU. Tomas Senilles, clerk, December 14, 1903, $180; probational appointment. ILOILO. Panfilo Esp!nosa, clerk. Deremher I. 1903, PI ,200; promotion from $420. lifodcsfa l\L Albis, assistant clerk, February I, P720; promotion from Class H, $360. Joseph l\L Ellis, roari foreman, April l, $840; probational ap· pointmcnt. :MORO. William H. Frizzle, clerk, .March 8, $900; reinstatement. Teofilo A. d~l Rosario, deputy treasurer, February I, $240; probational appointment. H. B. Fernald, deputy treasurer, March 28, $1,200; transfer from clerk class 9, office of treasurer of Cagayan. SAllAB. W. C. Ogan, chief clerk and deputy, January 1, $1,200; transfer from postmaster, class 10, Catbalogan. RESIGNATIONS. Tranquilino AgraYante, justice of the peace, Badian, December 8, 1003. Victorb Gonzales, justice of the peace, Barili, December 28, 1903. Miguel Abad, amdliary justice of the peace, Barili, April 2. Mauricio Cui, justice of the peace, Carcar, February 5. Doroteo Rodriguez, justice of the peace, Coron, November 5, 1903. Basilio Abrera, auxilary justice of the peace, Coron, December 31, 1903. Contents. articles imported into the Philippine No.152. No. 299, closing the ports of Abuyog, Island of Le~·te, 11.nd Santa Marla, Island of )Jindanao. to the eoastwise trade. N .. Notice: Sulc of the Immlnr Cold Storage and Ice Ph1.nt. Appointments: By the Honorable Ci\"il Go,·ernor. By the Philippine Civil Service Board. Resignations. 316 OFFICIAL GAZETTE Announcen1eut. The omclal Gazette le published weekly by the authority or the Government of the Philippine Islands. It will be furnished by mall to eubecrlbere, tree of postage, on the following terms : TERMS OF SUBSCRIPTION. One year,..... . .......................... 1"12.00 One month.................... . . .... ............... 1.00 Single copies, each .. · .30 Subscriptions sboul,d be paid In advance, In Philippine currency, or Its equivalent In money of the United States, and all communications should be addressed to the editor of the omctal Gazette, Manila, P. I. Send remittances by postal money order or registered letter to Norton F. Brand, acting editor omclal Gazette, Manila, P. I. omce of the Ofliclal Gazette: Santa Potenclana Building, Walled City, Manila, corner Calles Palacio and Victoria. The Governinent of the PhilipJ>ine Islands. Leclelathe. (Ayuntamlento---The Palace.) Oommi811ioner11.-Luke E. Wright, President; Dean C. Worcester, Henry C. Ide, James F. Smith, 'l'rlnldad H. Pardo de Tavera, Jose R. Luzuriaga, Benito Legarda. Civil aovernor.-Luke E. Wright; acting private secretary, L. W. Manning; Captain Robert H. Noble, Third United States Inr&ntry, Aid-de-Camp to the Civil Governor. Vice-Governo1·.-Henry C. Ide. Secretary of the Inten'or.-D4'an C. Worcester; private secretary, E. O. Johnson. Secretary of Commerce ancl Police.-Vacant. Ser.reta1·y of Finance and Juatice.-Henry C. Ide; private secretary, Jackson A. Due. Secretary of PubHc Instraction.-James F. Smith; private secretary, w. H. Donovan. E:i:ecutWe• Bureau.-A. W. Fergusson, E:1:ecutlve Secretary; Frank W. Carpenter, Assistant Executive Secretary; R. D. Fergusson, In charge, Translating Division; Claude w. Calvin, Recorder of the Commission, Chief ol Legislative Division; G. M. Swindell, Acting Chlel of Administration and Finance Division ; Sidney Thomas, Chief of Records Division; H. A. Lllmpman, Disbursing OID.cer . .Bureau of Irnmlar Pu1·c/u111ing Agen!.-Major E. G. Shields, Insular Purchasing Agent; A. L. B. Davies, Local Purchasing Agent. E~::::::'s~mJ:ft:J ~~!t::'lr~::~'M~~;j~~ta~g~cD. Townsend, Corps of PMtippine Civil Service .Board (lntendellcla BulldlngJ.-Dr. w. S. Washburll, Chalrmall; Dr. B. L. Falconer, Dr. Jose Alemany. Hoa1·d of Health for t11i: Pltilippi11(' l&la11ds.-Maj. E. C. Carter, Surgeoll, United States Army, Commissioner or Public Health; Capt. E. L. Mullson, Assistant Commissioner o! Public Health; Dr. Thomas R. Mars.ball, Chier Health In11pector; Henry D. Osgood, Sallltary Engllleer; Dr. Manuel Gomez, Secretary. Quarantine 8eroice (United States Public Health and Marine-Hospital Service; 78 Madrid) .-Dr. Victor G. Helser, Chlet Quarantine Officer; Drs. Chas. W. Vogel and John D. Long, Assistants. Mariveles Dct1mtion and Disinfection Station.-Dr. John M. Holt, In command; Dr. R. H. Creel, Assistant. Iloilo Quaralltine Statioll.-Dr. Geo. W. McCoy, In command. Cebu Quarantine Siat.ion.-Dr. Carroll Fo:1:, In commalld. Jolo Qu11ranli11e Slaf1011.-Dr. M. K. Gwyn, Ill command. Forestry Bureau (lntendencla Building) .-Capt. George P. Ahern, Ninth Infantry, United States Army, Chief; Ralph C. Bryant, Asslstallt Chief. .lllini11g Bureau (358 Ca , Chief. Philippine Weatl1er Bu Ermlta).-Rev. Joslli A\gue, S. J., Director (In Bureau of Public Lands Will M. Tipton, Chier. Ch~er~~! i1av!r:c.w:tu~.e . F. Lamson-Scribner, Etltnological Survey for the J>/1i/ippine lslands (228 Nueva, Ermtta).Proressor A. E. Jenks, Chief. Bureau of Governmott Laboratories (719 Irls).-Dr. P. C. Freer, Superllltendellt Government Laboratories; Dr. R. P. Strong, Director Blologlcnl Laboratories; Dr. James W. Jobllng, Director of Serum Laboratory. te~j~l:p~t1:sl~l~~l a:J'"G~~~eo~'.91 Iris) .-Dr. H. Eugelle Stalford, AtOfoil Sanitarium (Baguio, Benguet).-Dr. J. B. Thomas, Attelldlng Physician and Surgeon. DEPARTMENT OF COMMERCE AND POLICE. Bureau of Pasta (149 E~colta).-Chas. M. Cotterman, Director: H. M. Robinson, Assl~tant Director (on leave). Bureau of Pkilippines Gen. Henry T. Allen, U. Scott, U. S. A., Assistant H. Bandboltz, U. S. A., Lleut.-Col. Wnllnce C. T trlct; l\lnj. Jesse. S. Garwood, Assistant Chle. omma District; Col. James G. Harbord. U. S. A., Assistant Chief, ding Fifth District; l\lnj. Samuel D. Crawford, Asslstnnt Chief, on temporary duty nt Consh1bulary headquarters, Manila; Col. D. J. Baker, jr .. u. S. A., Asslstnnt Chier, Chief Supply Officer. N.BW-:1~:. oi;;J!~~s ~(rel~qi1t~~!~: ~!~~~~ p#!~~e;~1~.Ir~~)~::r:r~ ~~~~:t°ld~~~~1d'ss~!~~epr;op!~~i~~d if>is~u°r~l1~~·oM~!~~ent Physician; un~t~dea~~:fe;0~!~:,U~h~e~~d c~~~~9lg~~~~~nC~~·Y ~i::~~~mo,c°E°:i':rn~~~~; U ructloll. DEPARTMENT OF FINANCE AND JUSTICE. lng).-George .-James W. G. Holcombe, Chief of SuperBureau of tile Insular Treasury (lntendellcla Bulldlng).-Frank A. Branagan, Treasurer or the Philippine Archipelago; J. L. Barrett, Assistant Treasurer. Bureau of the Insular Auditor (Intendencla Building) .-Abraham L. ~~df~i. Auditor for the Philippine Arcblpelago; W. W. Barre, Deputy Bureau of Ouatoma and Immigration.-W. Morgall Shuster, Collector of Customs for the Philippine Islands (on leave); H. B. McCoy, Actlllg Collector of Customs; Frank s. Cairns, Surveyor. Bureau of Internal Revenue (147 Anloague).-Albert W. Hastings, · ActlllS" Collector. te:::~l~r Cold Storage and Ice Pla.nt.-Charles G. Smith, Superlnl:lureau of Justice.-Lebbeus R. WilHey, Attorney-General (on leave) ; Washington L. Goldsborough, Assistant Attorney-General; Gregorio Araneta, Solicitor-General; James Ross, Supervisor of Provlllclal Fiscals; Geo. R. Harvey, Asslstallt Attorney-General for the Constabulary. DEPARTMENT OF PUBLIC INSTRUCTION. Bureau of Education (Sant~ Potencialla).-Davld P. Barrows, Gelleral Superintendent or Education; Frallk R. White, Assistant. Bureau · · Printer. l:lureau (Calle Anloague). llu1·eau Bureau ).-Manuel de Iriarte, In charge. American Circulating Library (70 Rosarlo).-Mrs. Egbert, Librarian. Official Gazette (Santa Potencialla Bulldlllg).-Mu L. McCollough; Editor (on le~ve); Norton F. Brand, Acting Editor. Cenaua Bureau.-Brlg. Gen. J. P. Sallger, United States Army, Director of the C<'nsus (lu United States). Judiciary. SUPREME COURT. (Audlencla, 47 Palacio.) Cltief .Justice.-Don Ca')'etano Arellano. Associate Jusiices.-Florentlno Torres, J. F. Cooper, Vlctorlllo Mapa, Cbas. A. Wiiiard, E. Flllley JohllSOD, and Johll T. McDollough. Clerk.-J. E. Blanco. Heporter.-Fred C. Fisher. Judye.-A. S. CrossHeld. Judye.-Felix M. Roxas. (Palace.) (138 Calle Real, Walled City.) Judge.-S. de! Rosario. Associate J1utge.-D. R. Williams. Clerk.-J. R. Wilson. Manila, Part l.-John C. Sweeney, judge. Manila, Part 11.-w. J. Rohde, Judge . Manila, Part S.-Byroll S. Ambler, judge. ,Vanila, Part J,.-Malluel Araullo, judge. Olerk.-J. Mcl\llcklng. First District.-Albert E. McCabe. Second Distn'c!.-Dlonlclo Changco. Mo1mtain Disfrict.-Chnrles J-1. Burritt. Tltird District.-Arthur F. Odlln. Fourth District.-Jullo Llorente. Fiftlt Distric!.-Estanlslao Yusay. Si:i>tlt District.-Ignaclo Vlllamor. Seventh Di.strict.-Paul W. Linebarger. Eiuhth Distn'ct.-Grant T. Trent. Ninth Distn'cl.-Henry C. Bates. Tenth Distn'ct.Elevenm Distn'ct.-Adam C. Carson. Twelftll Distl'irt.-James H. Blount. Thirteenth District.-Warren H. Ickls. Fo11rteenth District.-Johll S. Powell. Fifteenth District.-Wm. F. Norris. Additional judgca.-Adolph Wlslezenus, Caplz; Beekman Winthrop; Miguel Logarta. Proviudal Goyernments in the PhiliJJJ)ines. Abn1.-Bnngued, capltnl. Go\·ernor, Blas Villamar; secretary-fiscal. Lucas Paredes; supervisor-treasurer. Archibald McFarland. Allrn.11 ( l.11:011).-Albay, capital. Governor. Ramon Santos; secretary, L. Thomas; treasurer, C. A. Reynolds: supen·isor. Wllltam A. Crossland: tlsC"al. M. Calleja. OFFICIAL GAZETTE 317 Ambos CamaTineB (Luzo1u.-Nueva Caceres, capital. Governor, Juan Pimental: secretary, Roman Enrlle; treasurer, J. Q. A. Braden; supervisor, E. P. Shuman; fiscal, F. Contreras. AnHque (Panay).-San Jos~ de Buenav!sta, capital. Governor, Leandro FulJoo; secretary, A. Salatar; supervisor-treasurer, B. T. Reamy; fiscal, V. Gella. Bala.an.-Balanga, capital. Governor, Tomas G. del Rosario; secretary, L. L. Zlalclta; supervisor-treasurer, Emery R. Yundt; fiscal, Ambroclo Delgado. Batanyas (f~uzo11).-Dataogai;, capital. Go\•ernor, Gregorio Aguilera: secretary, F. Caedo; treasurer, R. D. Blanchard; supervisor, Ernest J. Weaterbouse; fiscal, D. Gloria. Bc11guct.-Bagulo, capital. Governor, \Vm. F. Pack; secretary, Egmldlo Octavlano; acting supervisor, (provincial governor). Bolrol ( Bol101).-Tagbllaran, <"apltal. Governor, Salustlano Borja; secretary, M. Sarmiento; supervisor-treasurer, C. D. Uplngton; fiscal, Gavlno Sepulvei:Ja. Bult1ca11.-Malolos, capital. Governor, Pablo Tecson 'Y Ocampo; secretary, Francisco Meralos; treasurer, R. W. Goodhart; supervisor, Harry Thurber; fiscal, M. Crisostomo. Pa~fcfra~:f6-;-~~:~~~:~a~.cW.1t~~rcf!.~v;e~~~~r~1~~~~o -i~f1~~a~. s;~~~~~J'; fl.seal, Vicente Nepomuceno. Copiz (Panay).-Caplz, capital. Governor, S. Jugo Vidal; secretary, Emiliano Acevedo; supervisor-treasurer, F. S. Chapman; fiscal, A. Pardo. Cavitc.-Cavlte, capital. Governor, Capt. David C. Shanks, United States Army; secretary, D. Tirona; acting treasurer, James R. Shaw; supervisor, Russel Suter; fiscal, F. Santa Maria. Cebu. (Cebu).-Cebu, capital. Governor, J. Cllmaco; secretary, L. Alburo; treasurer, Fred J. Schlotfeldt; supervisor, Harry C. Delano; fiscal, Mariano Cul. Ilocos Norte.-Laoag, capital. Governor, Julio Agacollll; secretary, M. Flor; treasurer, J. N. Currie; supervisor, Paul F. Green; fiscal, Pollcarpo Soriano. Ilocos Sur.-Vlgan, capital. Governor, Mena Crlsologo; secretary, Fernando Ferrer; treasurer, Fred L. Wilson; supervisor, J. C. Hawley; fiscal, Vicente Singson. lloilo (Panay).-llollo, capital. Governor, Raymundo Melllza; secretary, J. Yusay; treasurer, Charles C. M<·La!n; supervisor, Maurice W. Tuttle; Oscal, Andrew V. Smith. Isabela.-Ilagan, capital. Governor, F. Dlchoso; secretary, vacant; supervisor-treasurer, N. B. Stewart; fl.seal, C. Alzona. La Laguna.-Santa Cruz, capital. Governor, Juan Callles; secretary, Jose Rivera y Cosme; treasurer, Henry K. Love; supervisor, David A. Sherley; fiscal, Hlglnlo Benitez. La Unfon.-San Fernando, capital. Governor, Joaquin Luna; secretary, Andres ·Aeprer; treasurer, Frank B. Parsons; supervisor, Bert H. Burrel; ftscal, J. Baltazar. Lepanto-Bo11toc.-Cervantes, capital. Governor, William Dinwiddie: eecretary-treasurer, James C. Owens; supervisor, M. Goodman; lieutenant-governor (Bontoc), Daniel Folkmar; lieutenant-governor (Amburayan), W. F. Gale. Le11tc.-Tacloban, capital. Governor, P. Borseth; secretary, Emlgdlo Acebedo; treasurer, W. S. Conrow; acting supervisor, Oliver D. Fiiiey; fiscal, Domingo Franco. 0 .lfasbatc.-Masbate, capital. Go\·ernor, Joaqu1n Ma. Bayot y Zurblto; treasurer and acting supervisor, J. A. Comdohr; fiscal, Ambrosio Delgado. · Jlfociuro.-Puerto Gallera, capital. Governor, Capt. R. S. Olftey, Tblrtleth Infantry, U. S. A.; se.:retary, Fernando San Agustin; supervisortreasurer, Carroll H. Lamb; fiscal, M. Quezon. ,lfisamis.-Cagayan, capital. Governor, Manuel Corrales; secretary, A. Velez; supervisor-treasurer, E. E. Barton; fl.seal, N. Capistrano. Moro.-Zamboanga, capital. Governor, Gen. Leonard Wood, United States Army; secretary, Capt. George T. Langhorne, United States Army; attorney, John E. Springer; treasurer, Fred A. Thompson; engineer and supervisor, Capt. Charles Keller, United States Arm'Y; superintendent ot schools, Dr. Najeeb M. Saleeby. Nueva Ecija.-San Isidro, capital. Governor, Epl!anlo de los Santos; secretary, R. Roque; treasurer, J. B. Green; supervisor, C. D. Wood; fl.seal, R. Maftalac. Nueva Vizcaya.-Bayombong, capita\. Governor, L. E. Bennett; secretary-treasurer, William C. Bryant; acting supervisor, Wm. H. Nipps. Occidental Negros.-Bacolod, capital. Governor, Antonio Jayme; secretary, L. Moreno; treasurer, P. A. Casanave; supervisor, H. M. Wood; ftscal, M. Blanco. Oriental Negros.-Dumaguete, capital. Governor, Demetria Larena; secretary, J. Montenegro; supervisor-treasurer, H. A. Peed: fiscal, E. Araneta. Pa111pa1l9a.-Bacolor, capital. Governor, Macar!o Arnedo: secretary, M. Cunauan; treasurer, R. M. Shearer; supervisor, William P. Creager; acarlo Favila; secren; supervisor, Charles . Y. Miller; secretaryRizal ( Luzon).-Pas•i. capital. Governor, Arturo Dancel; secretary, Jose Tupas; treasurer, Wm. N. Bish; supervisor, Telfair Hodgson; fl.seal, Bartolome Revilla. Roinblon.-Romblon, capital. Governor, Francisco Sanz; secretary, Cornelio Madrigal; supervisor-treasurer, Julius S. Reis. Sama1-.-Catbalogan, capital. Governor, Eduardo Felto; secretary, Eduardo Falto; treasurer and acting supervisor, Arthur G. Whittler; fl.scat. Domingo Franco y Mosquera. Borsogon (Luzon).-Sorsogon, capital. Governor, Bernardino Monreal; secretary, M. V. de! Rosario; treasurer, R. J. Fanning; supervisor, Harry L .. Stevens; fl.seal, P. Ballen. . Surigao.-Surlgao, capital. Governor: Daniel Toribio Sison; secretary, Rafael Eliot; supervisor-treasurer, George A. Benedict; fl.seal, F. Soriano. Tarlac.-Tarlac, capital. Governor, Al!onso Ramos; secretary, M. Barrera; treasurer, w. E. Jones; supervisor, Sam C. Phipps; fl.seal, M. Ilagan. Tayaba8.-Lucena, capital. Governor, Ricardo Paras: secretary, Gervaclo Unson; treasurer, William O. Thornton; supervisor, Henry C. Humphrey; fl.seal, Soflo Alandy. Zambales.-lba, capital. Governor. Potenclano Lesaca; secretary, Gabriel Alba; supervisor-treasurer, Arthur S. Emery; fiscal, Juan Manday. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., i\IA Y 4, 1904. No. 18 PUBLIC LAWS. [No. 1111.] AX .\CT UIL\XTIX<: .\FRANCHISE TO CILARLE8 \\".CARSON TO GON8THTCT, i\IAIXTAIN. A:-.iD OPERATE BY A~IMAL PO\YER A TRA:MWAY \YlTHl)J THE LL\llTS CW THE .MlJXICIPALITY OF DA.ET, IX THE PROVINCE OF Al\1BOS CA:\IARIXES. FRO:i\I THE WIIARFR 01" THE BARRIO 01" i\rnIWJ•:1ms 1~ SAID :\ICNICIPALITY TO THE TO\\'K PROPER OR PORLACIOK OF DAET, AKD THROUGH TI-IE HAID TO\YX OF DAET TO J, POINT O~ THE PCBLIC HlGH\\'AY OKE l\llLE DI8TAXT FRO)f TI-IE l\HJNICIPAL BlllLDl:OW OF RAID :\ll'NICIPALITY OF DAET IN THE DIHECT!OX OF THE TO\\'X OF T.-\Ll8AY. B,11 1111thorify of tlw Fnitcd Ntatcs, be· ii enacted by the l'hilippim~ Commission, that: Sn~TIO~ I. Charlt•s W. Carson. a citizen of the United 8taks. upon the terms and conditions !U"reinafter set out, is herebv authorizccl to constru('t and for a pl'riml of thirty-five year;; ;1ftcr the passagt• of this A<'t to maintain and 01.erate by animal JlOWl'r a trnnnniy o\"l'r the public highwa,v from the shore line at the port of )fon·edes, a barrio of the muni<'ipalit:i.· of Dad, in the Province of Amhos Cnnmriues, to the town propcr or poblaci<ln of Daet, um! through said towu proper or poblaci<ln of Daet to 11 point on said puhlil' highway onf' mile distant from the municipal building of Dael in the direetion of tlw town proper or poblaciOn of Talisa:i.', and to construct and maintain ,.;uch switches. side tracks. loops. t11rn-outs, and passing placC's as may be necessary for the l'On\'f'nif'nt opcration of the tramwa:i.·. ~Ee. 2. The tramwa:i.· shall hl' a single line, and with m~c·cssal',\' swifrhcs. sic\C' tnH"ks. loops. I.urn-outs. anrt passing pla('cs shall he• construl'tl'd along onC' sid1• of th<' public road or highwa,\' rnrutiom·<l in seetion 0111• so as lC'an• 11l least hW'ni,\' fret of ihl' width of the puhlic: roacl for its entire il'ngth frC'c' aJl(J clear of 1 hi' Lrat•ks. roadhc>c\,.;, swilelll's, sidt• t nl('ks, loops, luru-outs, and pa,.:sing- plac(•S of said trnmwa_\'. \\"ithin the town prnp1•r or po1J/<11'i611 of Dad. and witl1in th<' barrio proprr or 11oblocicin of :'ilrrc·rc\C's. said trnmwa,\·, with its switclws, sicle !racks, loops. tm·n-ot1is, ;md passing plat•rs shall hf' so eon,.;trndc•d and loC'ated I.hat ii. sh;1ll not unrensonnhly int<'ffrr<' with traffic· OHi" the <'ntire wi411 h of llw st l'f'l'I" or strl'c•f crossi11gs of said town propt'r or poblt1C'i<\11 of DaC't or of said lmrrio prop<'r or 11ol1laci611 nf Mrrcedl'.'<. In t'as1• of dispute heb\'C'rn the authoritics of thc mnnicipalit,\• of Dai•\. am\ I.hr grnnh•(' a.<; to thC' location of th<> track in the town propN or prililu<'i<lu of Da<'l or in th<> harrio proper or pol1/adii11 of ~frl'('('<\rs. or as to whrt.hcr s1wh trn<'k whrn C"on,;tru('tC'd will unr1•risonahly intNf1•rf' with trnffi<·. !hf' nmt\l'r shall Ix• rc•frrrf'tl lo lhr snp<'n·isor of Uw pro\"inl'I' for ck(•ision. ;1111! tlw c\('eision of sw•h '<llprrvisor sl111ll hC' flnnl. ~t:e·. :1. Thc lramwa,\" shall Ill' of lhrl'<' frf'l g-ang-<'. hut. this gnug1· nm~· b(• incrl'asC'd or climinislwd b-'· Jll'rmission of thr Commlting Eng-in<'f'l" to tlw f'ommission preYious\-'• ohtainNl. 8F.C'. -1. Thl' g-rnnfl'(' shall IK"g-in the ron'<frudion of th<' tramwa,,· within six months aftC'r the aceepbmel' in writing of this franchbc and shall fully complete the same and put it in operation for the public com•rnienc1• for its f'ntirc length within twelve months from the date of ,.;aid ae1•eptance, and for failure to bl'gin the work of constrnetion or to ('Olllfll<>h• the tramway anti put the sirnw in npC'ration for publi(• t"onn•nienee within tlw time ancl a!'! prescrilll'd, the fram·hise hl'rl'h,\· grantee! . ..;hall be forfeited ancl the grantl'e shall he subject to the liabilities hereinafter prescribed for sueh failure. 8t:C'. ;). The materials employl'd in the t'Ollstruction of the trnm· way shall bc all of good class and qualit:i.· um! suitnblC' for the purpose for whieh they arc used or to which tlll',Y are npplied. H~;c. H. Tlie gra.ntee shall c•on."ltn1ct and maintain and k<'<'p in good r<'pair such 1lrnins, cuh·Nts, or watf'!'wav,.; as the tramwav or its opC'rntion or maint<'llallf'C' may render. ncccssa1y for tl;c proper drainage of the road, highwn~', or street ovN which it pas,.:es. ancl tlw C"oustrnction and maintena1we of said drains, ('Uln•rls, and waterways shall \)(' und<'r the dirrction and snp<'nision of lh<' Consulting Engineer to the Commission or his authoriz<'d subonlinatl's to the extent nl'eessary for the protection of the puhlic intrresbi. REC. i. All cuh·erts, hridgC's. and drain!'! constructC'cl bv the grnntC'1· crossing- thC' road. highway, or street slrnll lw coush'.m·trd and maintain<'d by the grant<>1' for the fnll width of the roiul. highwa,v, or strel't and in sut'h a manner as not to" inh·rfore with the traffic m·er tl1e road, highwa,\·, or '<lrcet or to prevent eo!lVC'nient use thereof by the public. SEC. 8. The grantee shall hr untler a continuing obligation to kl'ep in ,!!Ood repair thc ro;H\h('(l of said trnmwny and thr snrface of the rond, hig-l1way, or strC'ct IX'tWl'('ll I )J(' rails and hC'h\"('1'11 thf' tracks of the tramwa,\· nnd for cightccn inches on C'ach silll' of ,.;aid traC"ks for the C'ntirr lrnglh of the trammi~· and witl1in th(' town proper or poblad<'m or mnnicipalit.v of Duct and witliin th<> barrio pro1wr or J10l1/ucit)11 of ~Ill:'-' hanio of saic\ mnnicipality through which saitl trnmwa:i.· paSSC'f<. the f<Jlfl<'e lwl\1·('C'll tlll' mils and lrncks of the ham\\'ll:'-' and for l'ig-htf'cll in(']l('s on C'ach .<:ifle of saicl tracks lo be fil!C'cl flush lo the top of thl' rails h~· thl' ;!rnntrr witl1 thl' Mime m~ifrl'ial a.'< lhnt used in thl' eonstriwtion of tlH' road, hi,!!hway, or she('t and as mny he pres('ribl'd b_\' orrtinanrr of tlw municipalif,,. of Dad: Prol'idcd, lrowfT<'1·. Thnt in 1•asC' of dispute hrtwl'en thC' mnui<'ipalil,\' aJH\ tlw grnntl'I' thr \\"Ork shall IK" donl' with t11C' mnfl'l"ial nrnl in th<' mannrr prC'sC"rihl'd h:io· th" f'onsnlting Enginrf'l" to the Commission: And proridcd furfh(T, ThHt if tlw mm1ieipality shall orcl<'r a <'hange in !hr kin(! of mafrrial aft('!" the !iaml' has onrl' h<'l'n lnicl hy t.hr gr:rnfl'C' th" nmtrrial ll<'C'('ssnr,\' to mak(' thC' <'hnngl' shall be fnrnishNI h_,. thl' mnniripality imrl tlw work of la_,·ing- sm•h matrrial anc\ pnttingtlw ;;anw in plael' shall hi' ho1·n<' h.\· thC' grnnfC'C' at his own proprr rust a111l l'xpensl'. RF.c. !l. TIC'forC' rommrn<'ing- !hr work on thl' tramwa,\' and within lhirt~· clnys aftrr thr passagr of this . .\C't th<' g-rnntrC' <:Jmll filC' iu <lnpli<'nle with !hr ronsnlting F,nginN'r to th<' C'ommi""ion n mnp or plan showing thf' lorntinn. ilirrrtion, and g"C'nC'rnl ('O\lfS(' of flRirl tmmwa~·. the ('stimnfrcl clistance hC'tWC<'ll rhnng<'s nf C"onrsC'. :ll!l 320 OFFICIAL GAZETTE l'Olnpanicd bx an 1•xplanatory statement as to the ronte of the tramway HJ\!! it-; rrlution lo the road, highway, or streets o\·er ,,·hich it passes. Hhoulcl the Consulting EngineC'T refuse tb appmve ;;aid map or plan the µr:rntc•c shall make such changes therein as nwy I){' pr1•serihe(l hy the Consulting Engineer to the Commission. One copy of the map or plan, when finally approved, shall he filed hy tlw Consulting Eng'int•cr in hb office and one copy shall be ret111·1w1l hy him with his apprnval to the grantee. The failure or l'l'fusal of the granter to tile thl' ump required h~· this S<'ction within the time prescrih<>cl or to change within a rcasonabl<' lime the f>aid map or plan wlwn so clir(•cted by the said Consulting Engineer to thl' Commission shnll render null and void the franchise granted h,r thi"' Act. fo:c. JO. Within lhirl,\· (\ay,.; aft('J' the map or plau of the tramway fnrnislwd by th<> grantc-<• is rl'tnrned to him by the Consulting Enginerr finally appro\'ed, thl' grantee shall file with lhe Recrl'tar}' of Comnwrce and Police his acl'epbmce in writing of the franchise granted by thiR Act and ;tt the same time shall deposit iu the pro\•incial treasury of Amlms CamarinC's the sum of one thousand prsos, Philippine curn•ney. or negoli<thl<' bonds of the Enited States 01· other securities of t>qual \'a\ne approved by the Civil Uo\'Nnor. Haid deposit of one thousand pesos, Philippinl' rurrC'nc:\·, shall be made ns an earnest of good faith of the acceptance and as 0 a guarnntee that within six months from tlw date of said accepbrnce the .-;um of nine thousand ppsos. Philippine currency, or negotiablC' bonds of tlw l1nitc>d States or other Sf'cnrities of equal \'a\ue appro\'C'd by the Ci\'il Governor shall be deposited with the provincial lreasurl'r of said province. The whole deposit of tC'n lhommnd p{~,.;os, Philippine currency. thns mnde, shall be r<'tained in tlw prov.incial trcasur,\' as securit)' for the C'ompletion of the work and operation of the tranl\nt,\' for its C'ntirl' length within twl'l\'c monlh.: from the date of aC'C'rptnncc. In case said deposit of nin.e thousan1I pesos. Philippine! cl\ITC'nC,\'. is not made as hNein sl't out or the grantee fails to commence the work within six months after thr ncC'<'ptance of t.hl' franchise the deposit of one thousand pc>sos. Philippine currency. nrnde on the acceptance of tlw franchise, ,.,hnll be forfC"itcd to the municipalit~· of Daet. In Cast> the trnmwn,v slmll not•J1e completed aml put in opemtion for the public ('011\'enicnC'C' within twelve months from the date of aeeeptanee the whole deposit shall lw forfcit<>d as liqnidatrd damages for breach of the contract crC'ated by the acceptance of the franchise. and such drposit shall be dividec\ C'()\Hlll~' between said munil'ipnlity of l)aet. aml the Provincl' of • .\111ho>< Camarines: Pro11id<~d, howc1w1-, That all)' monr,\·s deposit!•(\ \\·ith the fffO\'incial lrrnsur<'r may. \\'ilh tlw apprnval of lhC' Civil l:onrnor, be paid by the prO\'indal lrt>asurer lo the g1·;mt{'l' monlhl:1' or qunrterl,\' iu the proportion which the work done ill'a!'s lo the wholl' work to be done, such proportion to \w cerlifird h,\' tlw Commlting EngineC'r to the Commission 01· his dulr anlhori1.ed subordinate. If the deposits requiretl h)• tl1i>< src·tion tn \)(' madf' h,\' the grant<'e. or either of them, is in iulf'rcsl·l){'arin~ boiuls or othrr interf'sl-beadng securities. the intrrt>sl shall lw c•ollceted h)' ll1<' provincial trensurcr of Amhos ('amnrinc~ and shal\ ll(' 111nwd O\'l•r lo the grnntee as it is collectPd, nnless thP grant('f• shall fail t.o JH'rform tlw obligntions required of him h,v this fr:uwhise. in which case the acc•rning interest shall lw \\·ithhrld h,\' thr sni(\ provin<"ial trrasnrer and shall constitute a part of thl' 1IC'posit to hC' di\'itled cqnall,\· between the Province of Amhos C'a111ari1ws am\ llw muniC'ipulity of Daet us liqnidnted dirnu1gC's rrsult.in,!? from thC' df'foult. of the grantcC'. 8~;('. 11. This franchise is grnntf'(l with the uncler:;tnnding and on thC' eo1Hlition that it. shall he subject to amendment. modifiC'a tion. nlfrrnlion. or l'l'Jll'lli h,\' th<' C'ongr('ss of tlw l1nitl.'d ~tales am! thal nll l:in<ls or rights of Us(' or occupation of lnnds Sl'C'Ul'C'd h)' nil)' eorpon1lion h,\' virhw of thi>< franchise nnd all lands or rights of us<' or occupation of lllnds grnnted h,\' tl1is franC'hise on tlw public domain or puhlic lands shnll revprt upon the tC"rminn· lion of this frunchisC' and l'Oll('t•s;;ion or upon the revocation. repeal, forfritm·C'. or laps(' tlwrPof to the insular. provinf'inl. or muniripnl government which ownE'd "aid lamb or <'njoye<l said rights at thr. time of the grant of saic\ franchise or concPssion. The grantee of this franchi><e. his successors, and as,.;igns nrl' forbidden to issue stock or bonds under this franchise C'Xecpt in exchange for actual cash or for property at a fair valuation <'qua! to the par value of the stock or bornls so issued. Xc>ithl'r shall the grantee, his successors, or assigns declare im,\· stoek ur boml dividend. It shall he unlawful for lhe grnntRe, his succC's><ors, or assigns, to U<;C' or employ or contract for the labor of per,.,ons claimed or alleged to be lwld in in\•oluntarr servitude. and any person, companr, or corporation f'xercising the rights and privileges, conferred hy this franchise who shall US<', emplo,\', or contract for the lahOr of persons C'laimed or alleged to be held in invohmtnr,\· sen·itudc shall nflt only forfeit all such rights and pri\'ileges and the franchise hereby granted but shall also he deemed guilt.v of an offense and slmll be punished by a fine of not less than ten thousand <lollars, l'nited 8tat<'s currency. SEc. 12. The rntes to hr ehnrged hy thC' grantee, his l1'ssec:<, successors, or assigns for the tran;;;portntion of passC'ngcrs or freight or for other scnicC's shnll alwnys he subjc·ct to regulation by aet of the Commission or other lrgislatiw authorit."· of the Islands. SEC. 13. Thl' grantee, his less('es, sucC'<'S,.ors, or assign:; ><hall pay into the treasury of tllC' Pl'Ovilwe of Ambos Ca marines, in consideration of_ the granting of this franchise, one nnd 01w-half per centum of the gross income earned by the tramwa.'' or resulting from ib operation. One per cPntum of the gross income so paid into the provincial treasury shall be pnill hy the pl'Ovincial treasm·pr to the municipality of Daet for municipal purposes, and the remaining one·half per centum of said gross income and earnings shall be retained in the pro\'incial treiHHIQ' for provincial purpose<;. The percentage of gross income and gross earnings of said tramwa,\' rPquired by this section to be paid into the treasury of Amhos Camarines hJ• the grantee, his ll'sSel's, successors, or nssigns shall he duC' and payable quartrrl,\· aftrr said tramway shall ha\·e been put in operntion for the whole or any pa rt of its length. SEC. 14. The grantee ma}' refuse to transport any package or parcel suspected to contain goods of a dangerous nature or whose transport slmll be prohibited by the GoYernment. SEC. 15. The grantee shall enjoy the following powers, privill'gl's, and exemptions: (a) To oecup,\' any part. of the public domnin, not occupied for othN public purposes, whiC'h may be necessary for the pur· posC's of the Pnjoyment of this fr11nehisl' nnd may be nppro\'ed h,\'' the Consulting Enginl'l'r. The lun<l to he takC'n unc\er this power shall be ncquirNI h,\' the grnnleC' in the following mannf'r: The grantC'l' shall file a petition describing the land whi1·h he desires to iu:•quire from the public domain, showiug that lh<' ><ame belongs to the public domain, is not in 11>'-C for nn.v otlwr puhliC' pnrpo>'-e, nnd is prop<'l'l.'' npce>'-sary for the C'lljO}'lnC'llt of tlw franehise to construct nm! maintain the railroad herein d!'scribed, and prnying that the snme may he conveyC'd to him for uses und purposes of the enjoyment of said franl'hise. The petition shall be accompanied by a plat and Sill'\'(',\' of the lnnd descrih<'d in the pPtition. ThC' Consulting Eng'inC'l'r, aft('!' an examination of t.he petition and the plat and the taking of evidence, if nel'es.~ary, shall approve the samf', if he finds the land petitioned for to he necessary nnd propC'r for thC' l'njo,\'mc>nt. of the frnnl'hisP her<'in granted. The Consulting Engineer shall thl'n forward tlw petition. with his appro\'ill. to thC' ChiC'f of thl' Rurl'au of Public Lands. who shall. upon due in\'estigation. dC'trnninP wht>ther thl' Innd sought is public lnnd, and is not in USC' fnr any otlwr pnblil' purpose. nnd shall certify the same to the Cidl Governor. who. l*ing satisfied of the propril'ty and le,!?fllit,\' of granting tlw petition, >'-hall grant to the ownN of the frnnl'hi~e permission to W•<' said lnnd for till' purposes of the trnmwnr. The permission to use sairl land shall be in writing- :md shall C'ontain a C'lausC' pro\•iding · OFFICIAL GAZETTE for a reversion of lhe land to the Jm;ular Government whenever it shall have ceased to be used for the purposes of the franchise. ( b) Xo rC'al or personal property of .-;aid tramway uctunll:.· u.~ed aud Jlt'Cl! . .;sary for tramway purposes slmll he taxed hy any province or municipality for five ye:rns from th1• granting of this franchise. (c) lu the case of refusal or failure to pay the lawful clmrgPs, east, and ex1wnses of transportation and conduction of freight over the wholt> le>ngth or any part of the line, the grantee shall have the right to detain s1tid freight until such time us the amount lawfully due shall be paid. The amount lawfully due shall include all proper chargf'.'I for storage of goods left in the care of the gnmtee for over forty-eight hours aftel' reaching their destination. (d) To make application bt>fon• the justice of tht> peace of the municipality of Duet for the sale at publil' auction of all nrticles of freight or luggage trnnspol'tcd by the grantre which may have remained in tlw hands of the grnntf'e for two months ol' o\•er uncalled for hy the owner or consignee. In the lwfon•-mentioned cases or when the owner or consignee rnn not be found 01· is unknown or shall refuse to rrcrin~ the goods trnnsporb·d or pay the lawful cost. charges. nnd <'Xpenses of trnnsportation, application may be made hy the grante1•, his IC'ssees, succC'ssors, or assigns to the justice of the peac·e of the munic•ipnlity of JJnet for an order to sell at public· auction, upon two days' notic·e, those goods which are of a pt>rishable nature, and upon thirty days' notice goods not JikC'ly to suffer deterioration or loss during the period of notice if given ordinary cnre. Notices of sale required by this section shall be gin>n hy posting at the place where tlu~ goods are stored 01· held nnd at the door of the municipal building a written nm101111cement of thr d11te, hour, and place of sale, a desciiption of the goods to h<' sohl, and the charhrcs, costs, and l'xpensrs for which the goods are held. The 111·oc('('ds of sale shall go first to drfray the cost and rxpensf's of said sale, and thf'n to the account of freight and clmrws of the grnntee on said goods, and the balance, if t)l(>rf' hl' any, shall be deposited \\·ith said justi<'e of tlw prllC'(' al the disposition of the pnson who may ha\'e right to sanw. The gruntc'e shall hnve the right to refuse to trnnsport goods of a perishnblr nnture unless the fn·ight charg<'s 1\r<' prepaid or gnnrnnteed. (e) To sell. lease, gin•. gmnt, convey, or assign this franchise and all prop('l·ty and rights al'quired thPl'C'U!lder to any person, l'Omp1uir, or corporntion competent to Mrnluct the businc>ss of the said tramway, but no title to this franchise or to the property or righ1s arqnirecl tlwrr111ulr1", shall pass h,\· ,.;al<', let1sl', gift, grnnt, con\·l'~'HllCf', transfl'r, or nssignmrnt to tlw n•nd<'I', donee, transf<'l't'f', IC'ssrt•, or nssignf'<• or h(• 1•njoyrd h~· him until hi' shall have• filed in the o!lice of the SrC't'Ptary of (_'omnw1·cp and Policl' 1m ugreement in wl'iting agTrt•ing to eomply with nil tlw t1•1·ms and conditions impo:-wd on thl' grantt•t• hy lhf' frn1whist' and acc<'pting lhf' said fnuwhise snhjrl'l. to all il.-; rxisting lPrms aud eonditions. SEC'. IO. Tiii' grant1•e, his l<>s><C't"><. ><lll'l't•sso1.,-;, and as,;igns shall :igrt"r to 1•11ny tlw mail;; upon >ilH'h t.(•rm>< anti l"onditions aml at ,.,ut"h ratl'" ns may hl' :lg'\'P1·•l npon lwtwrt•n I.he DirPl'tor of Posts nm\ tht" grnntrl'. In l'nsr lh<' Dirt•elor of Post,; and the grnntee l"HU not agrre on l<'rm><, ('Olli\ it ions, or ns to rntrs of tr1111spo1tation or thr mail,;, thr Chi1>f Ex1•1·Uti\"1• of th<' Tslllmls, aftf'r giving the grnntl'<' oppnrluuity to lw hrartl, slinll fix thr rntP,.; of trnn.;;portntion and lhl' tPl'lll.'\ arnl 1•omlitions undrr whid1 th<' mails shall be en1Tird hy thl' snic\ tramway. If tlw <lo\'rrnment of tlw Islands shou\11 1w1ui1·c• in n<hlilion to !ht• ordimny mnil >it"nicl' t.hr trnnsJIOl'l of mail on m·w·nt ordrrs. nt otlwr hours 01· 11t n highrr spc>rc\ than Ull\,\" hi' pr<'>icl'iht>d by tlw ortlinnr~' trnm-lrnin st'lwdnlr, or ,;\10111(\ tlw Oo\'1•1·11111<'111 l'f'<jllir<' thr tnrnsport or hoop,;. nm· mnuitiou, hul\io11, frrighl, or wnr supplies thr grnnt1•l' shnll pro\-itl1•. 1ln.r 01· niKht.. spr1•inl t"Olfft•yanl'<' for si\mr nml hi> allowrd ><ul'h l'xtrn rom11t•u;;atio11 tlwrrfor us may br l'P:•sonnbl<'. ~E<'. l'i'. Tlw lrnmwa,\' for whil'h n han<'hi>it> is eonc·p(\Pd h~· this Ad rnny ht• l'ross('(\ hy lint'>' of rnilrmul, other tn1111\\'ll}'-~. or by roads or highwa:rs Oil such terms and conditions and under such rules and l'egulations as may be preserihed b~- the Government of the Philippine Islands. 8F.c. H!. The lrgal domicile of the ownn of this fram•hise shall be in Daet, wherr thPl'1! sh111l also be a duly authorized repl'esentuti\'e of said owner with full powel' to perform the duties t>lljoinell and maiDJ:ain tlH' rights eonfen·Ni by the franchise, SEC. I!), The granting of this charter shnll be subject in all respects to the limitations upon corporations and the granting of franchises containrd in tht• ul:t of Congrl'><S appro\·ed ,July first, ninetel'n hundred and two, l'ntillrd ··An Art t<'mporarily to prnvide for the ndministratimi of affairs of rivil gowrnnwnt in till' Philippine Islands, and for othrr pm·posrs." SEc. 20. The books of thr grnntel', his lessef's, successors, or ai;signs maintaining or op<'mting said tramway shall always bt• open to the inspection of the Iusular Auditor, the )>l'O\"inrial treusmer, 01· of a deputy drsignated by either for the purpose, and once said tramway is put in op<'mtion for the whole or nny part of its length it shall be the d~ty of tile grantee of th~ franchise, his lessees, succc.~sors, or assigns opernting under the same to sulmiit to tlw prn\'ill<'ial treasurer quarterly repol'ts in tluplicate showing lhe gross earnings, grnss income, and nil expenses and expenditures of said tramway, as well as such other data as may. be rPquiretl by the Jnsular Auditor or prnvincial treasurer for n complete undel'standing of the generul condition of the business of said tramway. One of the duplicate> reports required h:r this section to be furnished to the provincial t.rl'aslll'<'I' shall be retained by him and thC' othn forwarded by him to tlw lnsulur Auditor, who slrnll keep the same Oil file. SEC, 2L At any time after live ~·eal's from the granting nml during the life of this franchise, the Go\'erument of the Philippine Islands may by legislative enactment, upon such terms iuul conditions as to it may seem proper, requirl' the grantee, his lessees, succes,.:;ors, 01· assigns to operate said trnmway by electric or other power instead of by animal power. Should said grnntee, his lessees. successors, or assij.,'1.IS decline, fail, or i·efuse to operate said tramway by the power required hy the Government and in tlw mannel' aml ns directed by said Government, then the franchise grnnted by this Act shall be forfeited 1111<! all rights, privileges, and concessions granted by it shnll end nml terminate. SEC, 22. Once said tro.mwny has been put into operntion for its entire length, the grantee, his lessees, succf'ssors, or assigns shall furnish such rolling stock and run such trains and makP such nmnber of trips O\"l'r the entire length of said line as the pub\il' !:wrvice and the demands of traffic may reasonably rrquirr. Tilt" failure by the grnntff, his Jpssees, successors, or assigns to opt•rnte said tramway for its entire length, unless pre\·entcd by the aet of God, the public enemy, or force mujeurc shall eonstitute an abondonment of the franchise herehy grnntrd, uml the municipalit~· of Dat>t, with the approval of thr Civil f:onrnor, mny rither declare said fr;rnchi,.:;e fol'fcilt"d or requil'f' tlw grnntf'e, his lessees. succf'ssors, 01· assigns to rell\O\"C' the li1lt's or tnwk>; of s11id tramway for the whole or any part of tlw l1·ngth of ><ai1I t1·amwa~', or may itf'elf cause such line.-; or trn<'ks of ,.;aitl trnmwuy to be removrd at the expense of tlw grnnlrt'. his 1Pss1•p,.;. succrssors, or assigns, 8Ec. 23, lipon such tnm-. nml C'Ollditions us nm~· l>t• ag'\'eC'll upon, and at any time during the <'Xistt>nl'e of this frnnchist", the grant('(>, his suceessors, nrnl assigns, nm~· constrnet. muintnin, nml operate such additional sidt• trnt"ks, douhlf' track><, loop.-;, switl'hes. and passing pb!'.'es as may hi' 1lrrnw1\ usPfnl for tlw eom·rnient and advantag<'ous oprrntiou of 1lw ,;;\id tn11nway. thr 1'011srnt of the council of the munil'ipalit,\" of Dnt>t hin-in,!! hP<'n fir."t ohtained: ProL•ided, lioU"C"rer. Tlmt tlw 1·01•,.;tnu·tion of >illl'h aclllitio11s to th<' original tr11mway slmll uot lw l'Utt>rt•<l upon until tlw grnnh•f' !'.hall luH'C' filed with tlw Con>'nlting Engi1w1•r to 1lw Commif'.sion. in dupli<'nte, a map or phrn of sueh proposed 11d1lit.io11. accompanied by un <'Xplllnntory ,:;tatf'ment. and shall hnvf' luHI retnrnetl to him 322 OFFICIAL GAZETTE a copy of sai<l map with the approval of said Consulting Engineer. All :rnch additions, when completed, shall become 1~ part of the said tramway, and shall he held, maintained, and operated upon the same couditions as tliolie which control the rr.<;t of :mid tramway. S~:v. 24. The council of the municipality of JJaet, after hearing Uw gl'antcc, shall have~ the power, with the approval of. the (Ji\·il Go\"ernor, to declare the forfeiture of this franchise and concc:s:siou for failure to comply with any of the terms and conditions re<1uired of him to be performed by the franchi.~c, unlt~ss such failure shall have lx>cn directly arn.l pl'im.i.l'ily caused by the act of Uod, the public enemy, or force majc11rc. :-iEC. 25, Against such declaration of forfeiture of the franchisr, thr grantee, his lessee.s, succes;;or;;, 01· a;;;;i1,,rns, may appiy to any court of competent jurisdiction for such relief us to him may seem proper, !mt if no such application is made within a prriod of two months after the forfeiture has bc<>n d<>clared by such municipality und approved by the Civil Uovrl'llol' the l'ight to apply to the courts for relief shall be considered waived and the fol'feiture shnll become final. The- forfeiture of llw concession implies the loss of the deposit. 8Ec. 21i. When the forfeiture of the franchise shall have become final, either by failure to apply to the proper court. within the time prescribed or by a final decision of the courts confirming the forfeiture the municipality of Daet shall take posse.'lsion of the tramway and all prnpert,r necessarr for its proper operation and management and shall :-;ell the ;;a111e at public auction for cash to the highest bidder therefor after giving notice of such salt! by posting an announcement thereof in 8panish and J<;nglish for sixty d1tys prior to the sale at the door of the municipul building and at the pl'in<'ipul otlic'~ of the tnrnrn'll,\' and by publishing a uotire of such s1tlc for sixty 1lnys prior to the sale in at leust one paper published in Engli;;h anti one published in Fipnnish in the city of Mnnila. The notice shall set forth the fact of the forfeiture of the franchise, a general d<'scription of the property to he Sold, nnd the dale, hour. and plncr of sale. The proceeds of the sale shall be paid to the grantcC', his successors. or nssigns, less the costs and expenses of snlc. 8f:c. 27. This Act shall be- subjec:t to all the requirenwnts and limitations of Act Numbered !\inety·cight, and lht• nmendnwnts tlwrrto heretofore 01· herenfter mad<>, and a failur<> to comply \\·ith the provisions of sail! Act Nurnht>rcd Nill('ty-t•ight shall he punishuhl<> as providl•d for the violation of said Aet Numhrrecl Ninrty-cight. SEc. 28. The publir good rrquiring the speC'dy f'Uaetnl('nt of lhis hill, the pnssage of th<> ,;ame is her<>hy <>xprditt•cl in :tccordnncC' with section hrn of "An Aet prescribing llw onl<>r of lll'Oet•<lure hy the Commission in tlw enat·tnwnt of laws," passt•d Srptemher tw<>nt.y-sixth, ni1wt<>rn hundred. SF:C. 2!1. This .:\C't shall hlkt• t>lfrC"t on its pnssagt'. Enacted, April 8. 1904. (No. 1112.J :\:\ .ACT _.\l"l'llOHIZJ:\(; Tl-rn • .\s:•rn:X.\11-::\T. :-:.-\LE, .-\:\')) TllANRFlm 'J'<) Till•: .\IANIJ.A El.l<:('TRIC HAIJ,JU).\I) AKD LHUIT CO:\IPA!\Y OF ALL Till<: .\SSETS (H' THE COMPANlA DE LOS 'l'IUNVlAS Im FILIPJ:-;.\R, PHOVIDINU FOH TIIE SllHHEXDlm BY Tl-rn )!:\NILA J•:LECTRJ<' RAILROAD :\ND 1.101-1'1' C())fPANY OF Tim FRAKClllHEH, AND A:\rnxm.11rnTS THERETO. OF Tl-IE SAID COMPA:\IA l>E LOS THANVL\S DE FILIPINAR. AXD FOH CERT.Al?\ .urn~nnrnNTS TO OHDINANCI•; "\T:'ll· mmEJ> FOHTY·FOUH OF THE :\llTNfClPAI, HOARD ()F :\IANILA, ENACTED lN PURRCANCE OF :\CT ~T:'ll· RF.RED FOUR lWNDRJm AND EWTlTY·FOl'R OF TllE PHlLIPPIXE ('0111\llHRION. AXll FOR THE OPE:-;J:-;1; OF CERTAIX NEW RTRERTR RY THE )fl'NIC'IP.\L BOARD OF :MANILA, A:\U FOR A FHAXl'l-IISE TO THE MANILA ELECTRIC' RAILROAD .AXD LIGHT CO.\IPAXY TO CONSTRUCT, :\IAJNTAIN, AXn OPERATE AN EI.EC· TRIC HTREET RAIL\VAY A:\D AX ELECTRJC LinHT. HEAT. AND POWER SYRTE:\l FRO)[ TI-rn LJ.\llTH OF THE CITY OF MANILA TO .\L\J.AHOX. ll,IJ r111tlwrity of tlie Unil<'d Nl<tlt>8, be it rnactr<l by tlw Pllilippinr <Jo111111i1111ion, that: RECTIOX I. The Compuiifa de Joi;; Trnnvfns de Filipinns is her<>b:r authorized to sell, assign, und transfer it.'> <>ntire pmpertirs awl assets, including 1111 .its right, title, and interest in and to thr franchises, and all amendments thereto, ( l) to operntr et>rtain street railway line.'! in the city of Manila ( whieh frnnehisrs \\·ere gr1rnted to Seiior Don Jncobo Zobel de Zungroniz and S<>iior Don Lucio )laria Breman, on April twrnty-srcond, <>ighteen hundrNl and <>ighty·onC', by the Geneml Govemmrnt of tlw Philippi1w Archipelago), (2) t.o opernte a stram traction road from thr Bridge of Preti!, in Tondo, Manila, to the principal sqnnn• in Malu.bon (which franchise wns grnntrd to Seiior Don .J:IC'oho 7.ohcl de Znngrnniz, on October twenty-second <>ightern hundr<>d and t>ight~·-four, by the General Uo\•emmcnt of the Philippirn.• Arehipelngo), to the _il.foniln Electric Rnilroad and Light Company. n corporation organized and existing under nml by virtue of the Jaw;; of the Htate of Xew .Trrsey, the name of whirh corporntion was originally the _i!.fanila Railway and Light Company, hut which name wits, thereafter, on the sixth day of .July, nineteen hundred and three, h,v due process of law, t'hnngcd to, and now is, the Mnniln Electric Railroad and Light Compau~·. nnd which <"orporation, under the name of ~fanila Railway and Light Company. acquired from Charles M. Swift, on thr twrnty-st•venth day of Murch, ninetren hundred nm! thre<>, the franrhisrs hrrr· toforc grnnt<>d to said Charle.'> M. Swift h,\' 01"clina1wc Numlwred l"ort~·-four of the city of Manila, <>mwt<•d in 111n·s1111ncr of Art Numbered Four hundred and eighty-four of tlw Philippine Commi;;sion; nm! said sah', assignment, am! transf('J' of s11i1I prop<>rtirs, as:-;<>ts, aml frnnchises of said Compaiira de los Trnnvflls de Filipinns to said Manila l•:lectrie Railroad nm\ Light Company is hereby ronse-nted to, al\owecl, um! snnctionPd: l'rov·idcd, lwwcrcr, Thnt the )fauila Elt>ctriC' Railroad and Light Company shall. upon pnrehnsP of the properties and nssC'ts of the l'ompniifa dt• los 'l'ranvins de Filipinas, thereafter hold. occupy. nnd operate the lin<>s of str<>et railwn)'>i specified in sec·tion two h<"reof, sole!)' under it;i chnrtrr grnnted h,\• Act Xmnbrred Four hundrrd nml t>ighty-four nncl Ordimmcr Xumber<>d l<'orty-four of the 1\lunieipal Board as amendl'd h~· this Act and tlw ordinnnce of saill eonncil to bl' passed ns lWl'l'in directed. R•:c. 2. The Municipnl Bolll'd of the city of 1\[aniln ;;hall nuwnd Onlimmer Nnmht>rc<I Fol'ty-foul', 1•mwte1I in pm·suunee of Act :\mnbt•J'ed Four humlrecl ancl t•ighty-four of thr Philippine Com111is;;io11, as follows: Fil'st. Pamgrnphs two, th1·<>e. twrh'<', fift<>en, sevrntC'Cn. twt>ntyfoul', am! twenty-Pight of Part One, nnd Pnrngrnphs two aml nine of Part two, of said O)'(\inuncC' shall be unwnded to rend n:-; fo\low>1: "PAlt. 2. The ;;treC'ts. thol'Oughfarrs, hridgt>s. nm\ public place-s upon whiC"h the grnutee is authol'ir.rd to mnke ,;1wh t>xc•avntion;; nml t•onstructions arc as follows: •· (a.) CommenC"ing at the southPrly <>ml of thC" Bridge of Spain, to nm\ along Cnlzitda tie l\tugnllnnes. 1H'ros.- th<> Plnzn dr ?-.rnrtir<>s (Plazn de Espniiu), to Cnlle f'nnto Tomns. then<'" to C11llr Cabil· clo. thrnee to Cnlle Fumlil'i<m, tht•Ut'<' to Calll' l'nluc·io. thenc<>. through tlw wall and neross thr mont. to Pus<>o t!r Vidal. tlwm·<> nlon).(' Pasro tlr Bugumbnyan to C'nlle San Luis. tlwnre nlong Cnlle Heal to Cnllt> Cnb1tiins, th1·1wr O\'Cr lh<> Britlg1• of f'nn Antonio, nnd to tll(' Pnsn~· l'll<'C' trac•k: l'rnri1kd. That thr grnlltl'r shnll havr th<> right to OJ)('rntr its ear;.. npon Cn11<> Hrnl, )[nliitt•. C'XC'ept in eus<>s of te-mporary rnw1·grnc·y or 1\l'ef';;sit,\·. in hut onr direction. without thr ('Clll~<'nt of 1111• '.\lunit·ipnl Honrtl nml shall OFFICIAL GAZETTE 323 not have tlw right to put in tum-outs along said .':ltl'cet without lilu• con:-ient. •· ( b) l'rnm the 1•asterly 1•ml of Calle Adnana to Calle Palacio, U1Pnce to Calle .FumliciOn. •· ( c) From the nol'therly end of the llri<lge of 8pain and its junction with the Escolt11, along the llddge of 8pain, to its southerly end. 'l'henee, from the southerly rm! of the llridgc of 8pain to Pa!:leo de Vic\al, along said paseo to its junction with ( 'a];mcla de Xozaleda, along said calziula to its junction with Calzoula dt> Han :'i.lal"C(!lino. ''(d) From the junction of C;\lznda c\e \'id11J irnd Calle Concept•i6n to Calzada d1• :\l;ll'cPlino, along lh<' latter calzada to its ju net ion with C;tlzacla th• Xmatlrda, thence to l'i1llc Heal (Paco), and along said .'!lr<>et to the church of Hanbt Ana. •·(c) From the southerly end of tlw Jlridge of 8pnin to the Bridge of 8anta Crnz, across the Bridge of Santa Cruz, through Plaza de Goiti, to Calle Echague, thence to C11llc San .Miguel, thence to Calle General 8olano, thence to Calznda de A\•ile5, nnd, along Ualzndu de Hnnta .Me~a, to 8anta !t1esa. ·· ({) Frnm Plaza Uo1ti to Plaza Santa Cruz, thence to Calle 1-:nrile, thence to Calle Alciilil, thence to Ualle Almanza, thence to the ]<};tero Ce1:,>udo, thence to the line on Calzada de Bilibid. '· l!J) Frnm the intersection of Calle JolU and the easterly npprouch to the Bridge of Binondo, tlwnce aeross the Bridge of Binondo to Ualle San .Fernando, thence to Calle .Madrid, thence to Calle Aceiteros, thence to Calle de Sagunto, thence to Paseo de Azciirraga, thence lo Ualle General Izquierdo, thence to Calle Han Ilernaldo, thence to Calle I>az, thence to Calle Bilibid, thence to Calle de Iris, to Plaza Santa Ana, thence along Calle Alix to the Rotonda de Sampaloc. •·(lq l<'rmµ the intersection of Pasco de Azciirmga and Calle Ylaya, along the latter street around Plaza I.Ron Xlll, to am! nlong Calle de 8nnde, to the Preti! Bridge. "('i) From the intersection of Calle de Bili bid nnd Calle Cer· nmtes, along said Ualle Cervantes, to the 81111 ll1z1no race track. •· (j) l•'rnm the intersection of Cnlle Ylayn and Paseo de Az· ciirrag1t, along Calle Ylayu, to the junction of the line on Culle .JolU. "(k) From the line at the intersection of Calle de Sagunto and Calle Aceiterns, ulong Calle de Sagunto, to Citlle Chtvel, along Uitlle Clave!, to the line of Calle Mndrid. ''(l) Along Calle de Lemerr and Calle de .Jo!U, from the Bridge of Preti! (near Tondo station) to Plaza de Binondo, acrnss Pluza de Binondo, and along Calle llo,;ario, am! to and across Plaza de P. Moraga, to and along the Escolta, to and across Plaza de Goiti, to and along ·Ualle de Carriedo, to and llCl'OSs l>iar.a dt• ~lirnndn, to and along Call<' de Cl'espo, to nm! along Ualle de Han Sebastian, to and across Plnzil de! Uarmen. to and across Plnzn de Hnntn Ana, to a junction with Jin<' (g), name!~', the intersection of Calzada. de Iris and Plazn de 8anta Ann, 11\so along tlw main ro1Hl from Manila to Malabon, beginning at Tonclo station, near lhe> Hrhlgl· of Preti!, to tlw limit.;; of the city. " ( 111) From the interseetion of Calle Han Lu rs and Cnlle Real (Ermita), 11\ong Cn\le Hnn Lurs, to aml ulong th<> proposed Call<' K us tlw s11mc> is platted on the mnp of the enginc>1•r of the city of Manila, whi<>h map lms ilf'l'll nppro\'etl hy. om! is now on fil(' with, tlw l\lnnil'ip11I Bonni of tlw C"itr of '.\luniln, to its intersection with Calle Padre J<'uurn, thcncC' along Cnll<' Pndrt· l~nura to and along t\1(' proposl'll Calle U, us the> samr is plnttC>d on the map lll'reinlH'forr refrrred to, to nml along a ]ll'OJIO.~ei\ strePt running from th<' ('t'lll<'h·ry nt right nngl<'s tn Cnllr Diaz P1wrt.ns, to Cnll<' (', ns tlw samr i.~ pluttc>d on th<' m:1p hf'rl'illhl'fore refl't'l'f'(l to, along Cnllf' C ln n strc><'t 1·1m11ing (•:1st from tl\{' end of f'ullf' (':1b:1fins nnd at. right nnglc>s tlwn,tn. t.ilt'I\<'('. to and nlong >;aid Inst nwutionrd .<;freet. to <.:11llc> Unhlli'ins." "PAil. :l. Thr ,grnntf'<' shnll lm\'r the right to h1y •louhle trnck~ \\JJOU t•:u•h of th<' s1rl'l'ts. throughfnres. hrid:,_"t•s, am! public phtl'f'S mentione<l in the lu.-;t prece<ling paragraph except the following, upon which (except with the expres5 consent of the .Municipal Bonni to the lu.ying of double tracks) only single trncks shall be laid: '·Calle Enrile, Ca.Ile .Joi;,, Uulle Alnmnzn, Uulle C1nrie(lo, Calle Crespo, Calle Alca!U, Estno Cegado, where these> streets are less than twenty-four feet wide between curb lin<'s; also Calle de Ca· baiias; also Calle Uahihlo, Ualle 8nnto Tomas, Calle l,'undiciUn, Calle Palacio, Calle Aduana; these Inst lh·e lx·ing the streets within the Walled City: J'roi:ided, That the grnntee shall lm\'C' thl' privilege, umler the direction of the .Municipal Hoard, of placing upon all of the foregoing streets the nt>ce,:;sary tum-outs, switehes, nm! sidings,; .111d proi;idcd furtltcr, That in nil strC"Cts, thoroughfares, bridges, and public places the tracks, rnils, and other constructions of the grantee shall be so lnid and locnted ns to lea\'e :1 clear driveway between the tracks and the curb line on at least one side of such tracks, where the width of the 5tl'eet between the curbs mukcs it physically possible." "l>AR. 12. The grantee shall, at all times, keep its trncks, rnlling stock, and other construetion in good condition. Two classes of curs or eompartments, providing for two elas,:;e.-; of passengers, >1l11tll he rnn, and at least sixty per centum of the aecommodation furnished shull be second-class ears or compartments. The grantee hereof shall, at all times, furnish curs or compartments of both classes sullicient to satisfy the public demand and to carry comfol'bhly all the members of the public desiring to ride thereon: Pro·vided, That, after one year of opemtion, the l\'lunicipal Board shall have the power, with the eoncurrenee of the grantee of this franchise, to amend this parngraph so as to require that only one class of cars or compartments shall be run, upon which the lower mte of fare shall be charged." "PAK. 15. The far<' ehargNI hy the grantee shall not exceed six C('lll-;, in money of the l'nited Stutes, on n first-class car or C'OJll· partment or fi\'e cents. in money of the Unitc>d :•itntes, on a ."if"('O!ld· class car or l'ompnrtnl<'nt, for one continuous ride from one point to another on the stl'cet milwa:v system of thf' gnmtN• within the city limits, 11;; now or hcrt•aft('r <>stahlished, whethl'r or not it be necessary to transfer the pnssengers from one 1•1u or line of the grantee to anothl'r during said ride: J'rorid('d, 11lway:ir, That where a change of cars is necessary there shall IH.' <'Stabli.-;hc(l by the grantee a nwthrnl of trunsfl'rs not unr<'asonnbly bnnleii.· some in its reshi<'tions to thl' transfol'l'ed passengers; anti, in case of failul'e to comply with the foregoing requirenwnt as to trnnsfers, it may ii<' t•nfol'cl'd, upon application of tlw '.\luni(•ipnl Board, by mnndnmus to the proper Court of Fil'st lnstnnct• or tlm 8uprl'me Court: And prodded f"11rllter, That on li1lf's nnming ontsi<le of tlw city limits, an iui<litional fore> or fan•s muy h<' charged at the rate of fl\'(' wnts, in monc>y of the G'nited foitnt(•s, on first-elnss cars 01· tln·<'I' ('Cills. in monl'y of the Cnitl'd 8tatc>s. on S('('Olld·eluss cars, for each two mile>.<;, or fraction thel'l'of, IK•yoml the city limits, as now or he>reuft('I' esti1hlis]l('d: Aml provfrfrd {111'/Jter, That at nny tin\(' nftf'r twf'nty·five yenrs from the dntc h('J'eof, upon due notieci from the cit:-.' of l\lanila to the grantl'I', the> fares charged h,Y tlw gnrnh-e may he l'l'111ljusted on a rensonabll' bm:;is hy three al'bitmtors, one to he chosen hy t\J(' c>ity, onl' h)· the gr1rntt>t>, nnd the third to be> sc>ll'<'ied by tlw two so c>hosen, if til('y ('1\11 ngr('(', but. if not, lhf'n to b<' se-ll'ct<'d h.\' t\J(' ('hif'f E:-wcu· th'I' of the Islumls. Th<' award of th<' mnjorit:-.• of sueh nrhitrator.-. shall be final." "PAR. Ii. l'ntil sul'h timf' I\!'! the> fares hr1·<'in fixed shnll hi• l'('lltljusted, t)J(' grantl'I• shall plal'r on Mll\'l'llient snit• lots of onl' hnndrNI tickc>ts at ti\(' rntc> of five 1\0\htr" and fifty Ct'nts. iu 111011('~­ of tlw tlnitc>d ~tntes. 1.er Olli" hunclr<'d, t>~wh of whieh shall hi' good for 01w eontinuons first-('Jnss ritl<' on tl\(' l'nrs of thl' grnnil'I' within the limits of the t•it)' of )fnniln, nm! lots of six tii·k<'ts nt tlw rntc> nf twf'nty·fonr 1•1•nts, iu lllOIW)' of the> l'.nited Rtatl''l, Jlc>r six, f'aclL of whil'h shull lw goocl for Olli' ;.wcoml·C'la"s 1•011tinuou" 324 OFFICIAL GAZETTE ri1le on the cur.'> of the grantf'(' within the city limits: Provided, That thr g-rnntPP may is,.ue sm•h tif'k('ts suhje<'t to such 1·Pasonabl<> n'>;lJ"i<"lions a.'> to the grant<-e 11111,v s1'<'m propt>r." "PAii. 24. All rr:isonahlf' or pro111•r or ne<"<'"'"'ary ehangt>s on thr lim•s or rnut('s of tlw grnnte<', or th1· ahant\ounwnt of nn,v part of it-; frund1is<>s or of uny sln'<'t or st1·1•1'ts whi1•h it may not he ,\1.,•irnhl(• or a'kisahle to use. nmy h1• mad<' hy the g-rantee, with tlw apprnnll of th" 1111mieipul anthoriti(•s." "l'All. 28. At 1111.'' timf' aft1•r tm·ntr·lin• ,\·1•:us from thC> ,Jah> lwn•of, Uw eil,'t' of :\[unila nm,\' purc·hast', all!\ thr grnntrl' shall iwll to tlw <'it\' of :"IL1111ila, all of ibi frn1whi.-;1•s. lin<'<.;, traC"ks, ears, n•al c>>itat.e, l11°1ilclings, pl:rnt, right,;, nm! otlwr prop1•rty 11 .... r1I hy it in thr oprration of a .o;trC'C't rnilwa.v in thC' C'it~· of ).[anila and on Uw lim• to ).[u\ahon, at a valuation bnsrd up011 the nrt C'!lrnings of th<' gr;1nt1•<>, thr valuation to hi' dl'tenniued, nfh•l' hl'aring 1•\'icll'IWI', h.v thr SUJH'l'Jlle Court of tlw JslanJs, sitting as a board of 1nhitrntors, whost• c\1'1•ision. h,,. a majol'ity of tlw lnC'mbers thn1•of. shall b1• final." ··PART Two. ''l'AI!. 2. Th(• 11uniC'ipal Board, with tllt' •lJlJll'O\'lll of the A<lYisory Boan\ and tlw l'ornmissiou. ;,hall lmn• 11111.hority lo fix from tinw to tinw, by or!\inancC', thr pri1•1•s at whid1 sul'h c·m-rent ;;hall IK• furnislwd lo pri\'atl' pt'rsons 01· C'orporations within the limits of th1• c·ity of ).(anilu as now 01· lwrt•aftN C'stabli;;lw<l and to tlw c•ily awl the lmmlur GovC'rnnwnt: l'mri<lf'd "l11:11y.~. That the Jll'iCl'S ;;o fixC'd shall he• r<'asonuhll'; aml in l'as<> tlw ).!nni1·ipal Board shall di . ..;agr<'(' with llw Ath'i,;m·y Board as lo n•asonahlC' rat<"s, then thl' Commission shall fix them." "PAR. !l. 'i'he grantet• shall be liahlt• to pay lhl' same taxes upon its n~al l'stah', lmil<lings, plane (not in<'luding poll'.-;, wires, tmnsfornwn<, and insulators), 111achi1wry, and J)('rsonal pl'operty as otlwr pt•rsons ;\\'<' or ma~· hi' lwn•afh•r requi!'ed hy law to pa,\·. 111 <·onsidernlion of Pal't 'l\rn of tlw Franchise lwrein granted, to wit, lhf' right to huilll ;11111 mainblin in tlw eity of ).lunilu nnd its s11h11rl1s 11 plaut for thf' con\•eying and furnishing of electri(• c·mT1•11t for light, lw11t, <HHI power. ancl to C'harg<" for th<' sanw, tlw gr;ll\IN• shall pay to tlw <'it,v of ).J;rnila two and a half Jll'I' C<"nt.um of tlw gross ('nrning,.. l'C'l'l'in~d from its bnsint•ss 111\Cl<•I' this fran<'hisC' in thC' <'ily and it;.; .-;uburbs: J'rori<frd, That two and a half pt•!' ('1•ntum of the gross earnings rC'reiYl'<l from thf' husine.~s of the liuC' lo ).lalabon shall hr paid to tlw Province of Rizal. Haid p1•n•1•nta).!C' shall IJI' 1hl<" anti pa,\'llhlC' at tlw tinw sbtU.•d in pal" ngrnph ninetl'l'li of l\HI 01w hri·rof and aft<>r an audit likl' that prnYidt•d in paragrnph l\n>nty of Part 01w hrrrof, and shall hi' in lit•u of nil taxes aucl ass1•ss1m·11ls of whatsoC'\'1•1· natm·<" and by whntsorn•r nnlhnrily upnn tlll' privill"_,.(Ps, t•arning.o;, inronw, franrhisc•s, und polt•.-;, win•s, trnnsfor11lt'rs, and insnlalo1·s of the grantc•r, from whil'h t.1xc•s and asS('s,.;ml'nts tlw gnmtt'I' is h<"reby <'XJll't•ss\.\• C'Xl'mptrcl." S('c•oucl. A 111'\I' parngrnph, lo ht• knmn1 ns paragraph two (a.). shall lw ins('rh·d \i('tWc>l'n parn/.~Taph two and paragraph thl'ec of l'arl 01w of said (h'c\ina1w<> X11111ht•n•1l Fnrt:--·-foul', \\·hid1 paragraph lwn {fl) xh;tll 1·1'a<l as folio\\',.;: ··J)AH. :!. (ti) Tlw ).[anila 1-:lN·tri(• Railroad am! Light Company shall lw nuthorizl'tl lo 1m1k1• <'X('!\\'ation..; and 1•011structio11s for tlw pur1mx1•s ]ll"l''-<'rilwtl i11 l'art ()Jw nf snit! ()nlinnn<'C' Xnmheretl Fort,\"fo11r, upon s11eh furtlwr "<tn•1•ts, thoroughfnr<"~. hridges, and p11hli1· plnl't•s within lhl' 1·ity of :\lanila 1is may, from timl' to ti11w, ]lt' :IJl]ll"O\'l'll h,\' tl11• :\lnnieiJMI lloanl.'' Thin!. l'nrngT11ph t•ight<'l'll of l';ll'I One• of said Ordinam'I' Xnm· lwrrd l•'ort~·.four shall Ill' J'<•pt•alc•tl. 1-'Et'. :1. Th<' frnnl'hisl' Ol'l'I" tlw sh1'1•tx iu ><nhpi1mgrnph (111) nf \Ull'll).!l"llJlh two of Part 01w 1m11wd shall ht•c•nm<> opt>rati\·t> whl'nc•\'PI' ,.,n('h of ... aitl sl.n•p(s as a\'1• uot llO\\" op1•11 slmll lw l'Oll· slru1'11•d in 1111r .... un1Wt' of s1•1"tion 1•igl1t 11f tl1i,.; .-\t•t. 1-'t~('. 4. A fr1111C'his1• i,.; lwreby grn11h•1I to tilt' ).(anila F.lerhk lfoilni:1tl aml Light t'ompnny to t•xtend thl' li1w along tlw mnin roa<l from Manila to .Malabon pro\'i<lecJ fur in the la;;t clau;.e of :subparagraph (I), of parngraph two of Part One of said Onlin111w1' Xumbel'ed Fort~·-four, as directed to lie amt'IHll'<l by srl'lion two of this A<·t, from the limits of thC' <'ily of ).l;mila to tilt' prineipal sqm1n• of th<' town of )laluhon, upon lhl' terms am! 1"0J1<litions of saitl Ordinanee Xumbered Forty.four, as tlirl'etecl to ht• a11w11tlt'1I by this Act: /'rodded, That puragrnph . ..; fiYe, s1•\·1·11. aml 11i1H' of Part One of suid Ordinance Xumht•red Forty.four shall not lw opt>rntiYc u.-; to the franchis<• for said line to ).lalahon: llut pro11idcd furtha, Thut the tnwk,.; of sui<l line to :\lalahon shall ht• laid to sud1 grade, 1111<l tlw roatllied aml l'ighh•t•u im·hp,.; 011 c>nl'h sicle therl'of sludl be muiutained in slll'h c·omliliou. :1,.; will not unn·i1sonahl:--· interfere with tlw trnllic O\"l'J' tlll' highway 011 which s11id lirw nms: .. lnd 1>ropirfrd further, Th;1t said roadhetl am\ <'ighteen inrlll',; on each side thnt'ot", and !:iolid gnul1•. shall be nmintuined to the reasonable satisfa1·tion of tlw prnpt•r nuthoritips: ,1,1d proridc<l f11rtlter, That the rights which the grnnt1•(' ;\c11uir1•s under this section to charge the far<"s provided for iu paragraphs fifteen and seYenteen of section two of this c\rl -;hall not hr aff1,cted by any futme extension of tlw dty limit .... HE('. ;'I. In lieu of the puyment of two am\ oll<"half ]WI' C(•11tu111 of the farl's collt>cted and ticket-. sold by the Manila Elt•dl'ie Jlailrnad and Light Comp1111:0-' on the line to 1\lalubon without the city limits of Manila, to municipal authoritit-'s of the l'ro\'incl' of Ri)"Atl. and in lieu of the inspection h,\' ,.;ai1I unmi(•ipal authorities of the accounts of the company at tlw 1•ml of 1•ach month, as provided in paragrnphs nineteen aml tw<•nty of Part OnC' of said Ordinance Numbered Forty·four, thr .\lnnila Ell'rtl'i<' H.ailrond and Light Company shall pay said two and a l1alf 1wr l'entum of forci; collected and tickets sold on thl' line to ).lalabo11, without t.h1· <'ity limits of Manilu, to the proYiul'ial tn•a ... m·n of the Provilwf' of fiiz11I, \1·ho shall inspect th<' rP1•01·1\ of fart-s ,.;o collC'<'tC'(l and who shall audit and appro\'f' thC' ;H'l'O\llll...; of tlw l'ompany at tlw eml of each month, and thC' prlll'in('inl tn•a,;m·t•r of tlw l'ro,·ince of Ri7.al shall tli~tribntt• to the prop1•r nmnicipulitii•,.; th<' amounts paid in hy tlw .\fanila El<>drie l{ailrnad ~lllli Light ( '01np1111y in acror1lance with the prndsion"' h1•r1•of. SEC. ti. Thi' :\lanila Eleclri<' Hailroacl and Ligh1 t"i11upany is lwrehy grnnt<'d a frnnchise to ronsll'm•t, m1li11tain, nncl operat1• a light, hPat, and power system coextensiv1·I~· with tlw sni1I li1w to :\lulabon un<l upon the tl'rms of Part Two of s11id Ordin:mt·t' Xumbered Forty·four, as directed to be amt•1Hi<'d hy this .-\rt. I"~:<'. i. Paragrnphs five, sr\'eu, nllll ui1w of l\1rt 01w of ,.;ni1I Ortlinan('(' Xumhl'red Forty.four shall not hp applimhlt• lo llll' fnuwhi...;(' c·ontained in said Onlinuncl' X11mhc>n•1l l•'ort,\"follr, H"' dire<•ted to hi' amended h)' this Act, along tlw main road from ).lanila· to ).lnlahon. beginning- at Ton1lo stalion. 1w11r tlw Britlgt• of Prl'til, to th<' limits of thl' city as dr . ..;crilll'cl iu suhpamgraph \I) of p11rngTaph two of Part One of said Onlinnnr~·. :I"' dirt•(•tt-'d to hC' amendt>d b:o-· this Act: J'rovidc<I. That Uw trnc•kx of saic\ lilll' to Malabon shall he !nit\ to "uch grndr, :11111 tlw roa1llll'1I aml f'ightC'rn ind11's on l'ach side thereof shall hi' maintninc•d in sw·h C'Omlition as will not Ulll"<"llSOnahly intt'l'fN<' with tlll' tmllk on•1· the hig-hway on whirh said lirw runs: .·Im/ pniridl'll {11rlh1'1', Th:1t said l'O<Hlht>d and eightl'en inehcs on t'nch xi1l1• tlwrc>of nu.I '<;lid g'l'ndC' slmll be• mnintni1wd to ti!(' sutisfaC"tim1 nf 1111' 1•11:.:-i111'f•J' nf tlw <"it~· of ).fnuilu. 1-'~:c. 8. The cit~· of 1\lanila .;;hall im111('diat1•ly pnwc•,•(\ lo np1•11 all stl'C'Pts not now OJll'lli'cl (\t•,.;ig-natetl in ,.,llhpar:1;.tTaph ( 111) of parag-rnph two of Part 0111' of said Onli11a1w~· Xnmln•n••l Fnrtr· four as lwrein auwndec\, nrnl. inuu<>liiah•l.\' upnn t lw (·nmplt•I ion of snit! stl't>l'f,., t]I(' :\fnuiln J•:h•rtrie Rnilro:ul nJH\ Light {'nmpany ,.]ml\ c·ommrn('C' the l'Onstnwtion of ti\(' lim• :111thoriw1l in snit! ;.uhpnrngrnph ( 111) of pn1·aJ!l'i1J1h two of l'urt 01w ancl p111· ... 11r tht• l'nnstnwtion of sai1l li1w dilig1•11tly to its 1·nmplPtinn. I"•:<". !l. The> Mnnilu Ell'('ll"il' R;1ilro:1cl and Light Company sh;lll rC'lllO\'t-' all traeks, .... wikl11•s. :HHI o1 lwr oh ... trndi011"' of whate\'Pl' l'lHH~wtt>r lwn•lofon• pl:w~·d in thP ;;\r<>et;:. of thr t•ily of :\fanila OFFICIAL GAZETTE 325 h,v tlw Compaf1fa rlc Jo,. Trnnvfas ~le Filipinas, and re:-;tore all ,,tn•ets, <Jr parts of )';h1•1•ts. occupit:'cl by the> si1111t• to a g-oml and pa:-;sahle C'Olldilion to t]w satisfaction o( the city c>ngineer. 8t:c. 10. The amen<lnwnts to Onlinance ~umhC'l'ed Forl.r-four lw1'<•i11 din•ch•d to he madC' h,\' the '.\fnnieipal Board !-ihall be emu.frcl upon the filing hy tlw Manila Elcct1·ic Railrrnul 1111cl Light ('ompan,v with the Exf'cutive 8ccrctary of the Philippin<' Island:-; of it,.; ;u_·ec•ptall<.'e in writiug of the tel'ms of the foregoing ~.\ct a1H\ the ,;111Tl'n<ler in writing hy proper corporate action to the Um·<·rmn<'nt of the Philippine Island,. of tlw franchises, and all llllll'IHiment;; tl1l'rdo, of said Compaflfa de los Tram·ias de· Filipina:<. f.;£('. I l. Thr p11hlk _!!oorl requiring the spc>c>d,v <'mtctnwnt of this hill. 111<' passage of tht> same is hrreb,v rxpcditcd in accordance \\"ilh section two of "An Act Jlrt>.<;cribing the> ordl'I· of procedure hy the Commission in the <'nactnwnt of laws," passed September twenty-sixth, nincl<'<'ll hnmll"ed. 8~;c. 12. This .\cl shall take efff'ct on its passage. Enacte1I, April II, l!J04. [No. 1113.J .\'.\ .\CT PHOVIDl;\G l•'OR TllE ESTARLISI-DIEXT OF LOCAL <'JV! L OOVl<;R~:MENTR FOR THE NON-CHRISTIAN TRirms OF TIIE PHOVl~CE OF IRARF.LA, AND A;\IENDlXG ACT ~C~IBERED T\\"O HUNDRED AND TEN BY PROVIDINU FOR AX IXC'REASF. IN THE SALARY OF THE PHOVIX('L\L GO\'EH~OR OF ISABELA. Ny authority of /Ju• f "11itr<I Nlafc8, lie it nwctcd b!J the Philip/li11c ('ommi.Y.~irm, /Jwl: S~;el"IO;\"" l. \\'hc>reas the non-Christian trihc>s of the Province of lsal)(']a lia\"f' not prngr('ssed sufficiently in ch·i\ization to make it pnu·ti<-<1.hl<' to bring them undc>r 1my form of munieipal governnwnt. thr pro\"im:inl gon•rnor is authorir.ed, subject to the 11p· prm·al of lhc RrcJ"etar,\· of the Interior, in dealing with tlw,.;c non-C'hristian tribes, to appoint ollierrs from among them, to fix lhrir 4ll'sigrn1tiom; and hadg-<'-'i of ollicC'. and to prescribe thf'ir po1n•r" and dutirs: l'ro1;frfcd. That the powers and duties thus pn•s(•rilwd shall not be in c>x<·rss of those conferred upon township nflicrrs h,1· ..\et NumlwrPd Tlll'l'r hnndrf'tl and righty-se\•en, rntitkcl "' • .\n .·\\•t. prn\'idinl! for lhC' rstablishment of local civil go\"C'rnments in the townships am\ s(•tt.lrment;; of Xtwva Vizc11ya." Ri,;c. 2. Rnhjr('t t.o thr apprornl of the RPcrctary of the> lntrrio1·, 11w pro\'i1wial 1!"0\'f'l'llOI' is furthrr authorized, whrn he dPems sw•h a rom·s(' nrcessfl\',\' in th(• intrrr,.,t of law mu! onkr, to dil'ert 1111•mlll'rs of sneh hihc>s to Ink\' up Uwir lmhitatiou on sit<'s on nnoccupied publit" h1m\s lo lu• srl<•clrrl b,\' him and appror<'d hy the provincial Iman!. MrmlH'rs of such tribes who refuse lo romp]~· with snc-h directions slrnll. upon com·iction, hr imprisonNI for a periocl not f'X<"rrding sixt,\• dn,\'S. SEc. :J. Tlw <"onstaut aim of tlL<" g-m·rrnor .-;hall h\• lo aii\ thf' tlw non-Christian tribes of his prm·iiwr to 11<·11nin• the knowl!C'dg'c and rxpcri\'J\C'(~ nec•rssar,\' for s\l<'l't•ssful local popular g-01·ernment, and his ,.;npc>n•ision nlHI e011trnl O\'f'l' t.hc>m shall hr rX<'l"('isrd to this rnd, 111Hl to t.lw l'IHl lh;1t [;rn· nm\ onlt•r and indi\"idnal fr('('dom shall IK' maintai1w11. R~:c. 4. \\"\wn in th<' opinion of thr pro\"inrial hoard of lsahela an,\' ><(•ttlrnwnt of non-Christian trilws has adnm<'NI sullicirntly lo mnkr f'.uch n ronrsr prncticahlr. it may he orgnnizPd under !hr prm·i.-;ions of srctions 0111' to sixty-sr\·r11, inrlnsh·r, of Aet '.\11111h1'rr41 Tln·f'e humln•d and rig-lit~·-srn•n. ;is a township, aml thr g-roj.!l';1phi<·nl limits of sm•h township shall h(' fix<'d h.'· the JWOYin('ial lmnnl. R~:c. :}. RP(•tio11 two of Art Nnmlwr<'d Two hmulJ"P(I and tc>n, rnt.itlP<l "An .\('{'. f'Xtl'mling thf' Jll"OYi><ions of tlw Provincial Gmvrnnwnt. Act and its ;mwn<luwnt;:. to the Prm·in<'<' of lsahPla." as nmrndrd. i;:. hNr-hy furthrr am<'ndP<l h.'• ."-hiking- out thr "'f'<'OIHl p~(rngTnph tlwrrof and i11sl'l"ting in lieu thcrf'of the follm\"ing-: ··For the prod11cial go\·ernor, two thousand four humlrf'cl 1lollurs.'' 8t;c. Ii. The public good requiring the spPCd~· c•m1et11wnt of tlii.~ hill, th<' passage of the sanw is h!C'reh.\· expl'ditr(\ in ;H'<·onlarn·c· with section two of .. An Act prescribing lht• ordc•r of proc·1•1l11n• h~· the Commission in th<• l'llnctment of Jaws," passed 8eplrmher twrnt~·-sixth, ninctf'Cll humlrcd. SE(". i. This .\el shall take effect on its 1mssag-c. Enaeled, April II, 1!104. [~o. 1114.) .\'.\ .\CT .\l'PROPHL.\TIXG THE f.iL\I OF TIIHEE lll"XDRED AXD SlffE\"T.Y-HEVEX THOl"H..\'.\D EIGHT Hl"XDHED .·\ND FIFTY-HIX PE808. PHILIPPIXE CCRHE"XCY. OR HO i\ICCH THEHEOF ..\S ~IA Y RE XEC'E8SAB.Y. I·'OR CERTAIX Pl'BLIC \\"ORKS, PEH:L\IANEXT DlPRO\"E)JENTS, AXD OTHER Pl"H.POSE8 OF nm IXSCL.\H GOVERN~lEXT. By uullwrity of /Ire l.'11itc<l Ntatcs. be it enacted by tire /'hili1JJJi11c Cmnnifasion, that: R~:cTIO!\" I. The followinA" smns. in Philippitw <'lllT1•m·y. or so much thereof ns may ()(' necessar~·, arc hereby appropriated. out of an~- funds in the TrC'asnry of tlw Philippine lslamb not. otlu·rwi,.;e appropriated, for cc>l"lnin public work!>, perma1wnt impro\"e· lll{'nts. and othl'r Jlllq>Osc•s or the Insular GoYe\"lllll{'nt: llUhEAU O!' PlllJ,ll'l'll'>t:S CO;>;STAlll:J.AllY. ('folhiug, camp and yrt1-riso11 equipage, PJiilippi1w.~ Com>fuli11/ary: For the purchase> of ordnanc<• and ordnance stores. sc\·c>nh·onc thousand seven hundrC'd and hwntr pesos. . Tclc!Jmph und tclcplro11<' serdcc, Phili!Jpinr.~ ronsl<tbulcll"!J: For the purrlrn;;e of fi\·e thou;.;and irnn telegraph pol<'s and onr thousand iron cross-arms, thirty thousand fin~ hundn·d prso,.;. In nll. for th<' Bureau of Philippi1lt's Com4abular.v, one hun· dn•d and two thou,.,ancl two lmndrrd and twPnty 1wso,.;. Dll'HO\'EllE:\"'I" 01' Tim l'OllT OF llA:-;'lI.A. For drcdA"ill~ t.lw Santa Cruz estero, nine thousand six hun1lrC'd and thirt~·-,.;ix pesos, or so much thcr<'of as mav he nr<·r;;san·: l'mi:ided, Tlmt the> work shall Ill' pNformed und~r tlw su1wr~·i­ ,.;ion of. am\ this appropriation disln11·s1•d h,'·, th<· Ollicrr in Chargr of the I mpl'o\"C'nwnt of the Pol't. BUREAU 01" COAST GUARD ANll TRANSl'ORTATIO:\". Liqlit-lro1t8C Hen;ir:c, llurcuu of Coast Utuffd and 1'1·a118portotio11: For the construction of light station,.; at C'apit.am·illo Island, Bajo Apn Islet, and Bagamr Point, ,.,ixty-two lhousnnd prsos; and for the <'onstrudion um! compll'tion of otllC'r minor st.at.ions. the purchas<' and installation of port lights and lanterns. and 11ccr,.,s1u-y "'Ill"\'<'.'""· not to CXC'rcd thirty-six thousand p<',.;os: ninl'tyl'ig-ht thousand peso-;. ' For eotlstruction and equipment of marine rnihrnr ancl 11\a<"hine slrnp ·on Enginf'Cl" lslnnd, forty thon,.;nml JX'SOS. In all, for thr Rurr-;111 of C'oast nunrd 111Hl Tran,.110rtation, 01w ln111<hNI nnd lhirt,'"-f'ig'ht thou,.;~uul pl'so,.;, lllltit•r the proYision,.; of .:\f't N"umherf'tl Eight hnmlrrd and thirty-one. BUREAU OF (.'IJSTOllS ANIJ lMMIGRATIO;>;. For the JHll"<'hase and clc•Ji,·n~· of 011e harbor launrh. sixlepn thousand prsos. JllTHEAP OF AllCll!Tt:l'Tl'RE A:\"IJ CO:\"S'l"l!l!CTIO:\" OF l'lllll.IC IH"ll,IJIXC:s. l'ubli1• war!.·.~, Burra11 of .·lrd1itcc/11rc <11111 f"'o1rnfrrirlio11 of Prtblic lluildiny.~: For the 11ltrn1tion. <'onstruetion. or imprO\"<'lll<'llt. nf thl' following--namcd public huilding-s aml gmuntls: Bnrt>nn of ('us.toms and lmmigrntion: For the l'l"rdion of a ('U;;tom-housr nt Halahne. Island of Halaha<'. lwo thousand pe;;o,.;. Bur<'au of Insular Purrhasing- Ag-f'nt; For completion of stablc:s, 326 OFFICIAL GAZETTE wagon shrd, rPpair ."!hop and mess quarters at San Lazaro, twcntyl'ight thou:-.and Jl(";os. Bureau of Govel'nmcnt Lalmrat.orie>i'i: For equipment of new lnlmrator,v, inC'luding complete power plant, machinery, and so forth, forty thousand pesos; for complete laboratory fixturN; and -;u forth, twenty-two thousand peso:s. For thr pmchase of building supplies, tools, and so forth, twenty thou<1and pesos. In all, for the Rurcan of Architecture und Com;truclion of Puhlic Buildings, one hundred and twelve thousand pesos, under tlw provisions of Act Numbered Eight hundred nml thirty-one. f-:~:c. 2. All halancC's remaining unexpended when any public works or permanl'nt improvemrnts appropriated for IJy this Act 11n' completed shall hr r<>tnrned at once to the Treasury of the Philippiue Islnnds and shall not IJC available for withdrawal or disbursement thereafter, but shall IJC carried to the general rewnues of the lslnnds. 8Ec. 3. The provisions of the first parngraph of section three of Ad Xumh<>red Eight hundred and seven. providing the manner in which withdrawal of mon<>ys UJ>propl'iated undf'r said Act shall lx• mad<', ure hert·by made applicable to the withdrawal of mon<>ys appropriated undn this Act. SEC. 4. The public good re(1uil'ing the speedr enactment of this hill. th<' p11ssag1• of the same is hereby expedited in nccordimce with -;cciion two of "An Act prescribing the order of procedure hy the Commission in the enactment of laws," passed September lw<'nty-sixth, ninet<'en hundred. HE~. :l. This Act shall take effect on its passage. Enacle(l. .April II, HI04. BXECUTIVE ORDER. THE UOVERX'.\IE~T Ol•' THE PHILIPPINE ISLANDS, EXEUUTIVI!: BUREAU. MANILA, April 22, 1904. EXEC';~~~{)~RDER } Executive Order Numbered One hundred and nine, series of nineteen hundred and three, is hereby amended by substituting the name of Honorable Vicente Joeson for that of HonoTable Wil· liam F. Norris, de.<>ignated therein to remnin on duty, subject to call .. for the performance of interlocutory jurisdiction in the Ninth, Tenth, and l<'ifteenth Judieinl Districts. LUKE E. WHiall'l', Civil Governor. By FRANK \V. CARPEN'fER, Acting E:ucutive SecrctcH·y. RESOLUTION OF THE PHILIPPINE COMMISSION. /,'.r:frad from 111i11ufr.~ of procccdi11gs, April 15, 1904. Jif'.wilrJ<"d, That thl' Executh·<> l'<>l'retnry is lu·rl'by directed to makt• tlw sam<' distribution by i1woicl' as non<>xpemlahle propE"rty of 1•opi<>s hound in sh<'l'P of Voluml' L annotated 1•dition, Spanish, of the Public Laws 1•nal'i1•d hy the Commission, ns wus direetE"d to \)(' mnde of the English edition of said volume by resolution of thf> Commission of OctobN IO, lflO:l; nnd that the Executive SecrPtarv is lwrt'by iltlthorized 1.o sell said Volume I. Hpanish edition, lo ;n;y Jll'rson ;1pplying thcrf>for upon the pnynwnt of seven pesos, L'hilippi1w currency, for each volum<' bound in pnmphlet form. nnd twl'h·e JlCSOl'I, Philippine currency, for !'ach volume bound in full !>.hl'l'p. DECISIONS OF THE SUPREME COURT. [No. Hill. February 16, HMM.] 'l'JJH t:.\'l'l'HD 8'1'.tTHN, comp/tlimrnt uml appdlcr, rs. JU.4.~' DE /,.L UllUZ BT Al • ., <icfrmfo11fs (//14 appellants. CRIMINAL PROCEDURE; BRIGANDAGE; CO'.\IPl.AINT OR INFOR,IATIO!": A'.\IF.SOMF.1'T DURING TRIAf,,-It is not error for the triRI court to permit the pTO!iCcutlni;:: attorney to 11.mend his informRtion in the course of the trial by che.nging the name of the leader of the band of brig1mds of which the acclll!Ct'I Rre charged of being members. .\PPEAL from a judgment of the Court of First Instance of Riznl. The defendants we1:e prosecuted on an information for the crime of brigandage. Jn the course of the trial the court permitted the prosecuting olliccr to m.11end the information b,y eliminating the words "led b~' one Silveria" and substituting ther('for the words "under the command of Lucinno Sun :Miguel." GEO. w. LYON, for appPllants. Holicitor-Gencml ARANETA, for appcllee. l\lAl'A, J,: The defendants w<•re sentenced in the Court of First Instance to the penalty of twt•nty yenrs' imprisonment for the cl'ime of brigitndagl'. punished by section I of Aet 518 of the Commission. Tll<' merits of the ease demonstrate sufficiently the guilt of the said defendants nnd justify the sentence for the aforementioned crime. Tlw anwndnl<'nt to tin• complaint mad1• lwforc thr prf>,:;f>ntntion of the <'Vidence for the defense has not prejudiced, nor could it have prejudiced, any essential rights of the defendants as well hecnuse it did not affect the essence of the cr41le charged. but me1:ely un accidental detail of the snmc, as becuuse it did not deprive the ae<'llSl'd of nn opportunity to produce evidenc.e for tlll'ir defense, if th<>y lmd desired, in relation to the said amendment; its nllownnee was not, therefore, a, fatal error, us the defense contends, relying upon section 10 of General Orders, ~o. :j8, For the reasons stated we affirm tlw ;il'ntcnce nppealed from, imposing the COl'it of both instances upon the dE"fendants. Arellano, C. J., Torres, Cooper, Willard, l\:leDonough, and John· son, ,JJ., concur. ./11dg11ic11t affirmed. [No.1509. February 16, 1904.] 'I'll/;' VX/1'!-:D H'J',l'l'RH, com1Jlaimwf a11d 1111pclln·. cs. XICOL:IS Gf,OJUA, drfc11dant a11d appella11t. I. CtU)llNAI. LAW; Ho~nCl!l£.-8ec facts in this case held to constitute the crime ofhomiC'ide. 2. In.; ID.: ASSAUJ.T.-Whcre the infliction of wounds results in the death of the injured person the l'rime is homicide 11nd not assault (lcsiones), fl.s with respect to crimes against the pen;on the penal law looks p11.rticularlr to the material results which follow the unlawful A.ct, and holds the aggre~r respon~ible for all the consequences thereof. .\J'PE.:\L from a jutlgmcnt of the Court of First ln~tancc of Bulncnn. The facts arc stated in the opinion of the court, L~:l>ESMA, 8U.\IT;J.O~G & QUINTOs, for ilppellnnt. 8olicitor-Gc1wral ARANETA, for nppellee. TORRES, J,: On l\lay 23, 1!103, th<' provinl'ial liscal of Bulacan filed an information in the Court of First In.<:tanee of that pro\•inee charging :\'ieolas Gloria with the criml' of homicide in that, on the night of April i, l!lO:i, 1111cl as thl' result of n qu11rr1•l bt>tween the defendant nnd Tiburcio de In Cruz about some rice straw, upon meeting in the street at a pince called Bnmbang, of the township of Bulacuu, th<>~' hnd n ~1unrr<>l, followl'd by a fight; that in thE' OFFICIAL GAZETTE 327 coursr. of the struggle between them Gloria inflicted upon Cruz with a pocketknife he was carrying a wound in the left side of lh<' trunk abo\'e thr abdomen, from which wound the safd Tiburcio dil'rl, thC> crime lmving been committed willfully, feloniously, and eontrary to the statute in the case made and provided. Dr. Pedro P11guia, who examined the deceased and attended him up to the time of his death, testified that the deceased had rccl'ived a mortal wound in the left hypogustrium, inflicted by a sharp instrument which had pierced the peritoneum and the intc:;tincs, producing a hemorrhage which caused death in two or three hours; that he was unable to save the man, having been called in three homs after the wound was inflicted; that the patient had almost bled to death b;-.• that time; that the aspect of the wound was ,;uch a,; to lead him to entertain the belief that the assailant must have been below the deceased, as the direction of the wound was upward and backward. The witncssrs for the prosecution were Romualdo Asun~ion, Gregorio Rodriguez, and ·Mariano Gonsalez. The first testified that the deceased himsrlf told him that the wound had been inflicted Lr ~icolas Gloria. The >1eeond testified that he knew about the case Uccause a woman had told him. The third witness ~mid that h!,; information was derived from a message which he had rccei\'cd from the witn<>ss Rodriguez about 11.30 at night, and that upon receiving the message he immediately gave instruc· tions that n report of the occurrence be made to the local presi· dC'nt, stating further that he believed that the assailant and the dcccasrd were of rqual age, height, and weight. The witness Rodrigue;t testified. however, that the deceased was about 18 years of age and was taller and somewhat thinner than the accused. In view o.f the testimony Of the defendant and the result of the evidence for the prosecution, the judge decided that the facts constituted the crime of assault (lcsiones) with the concurrence of circumstances l and ;~ or paragraph 4 of article 8 and pam· graph 2 of article fl, and condemned Nicolas Gloria to the penalt:v of six years and one day of 1n-isi6n mayor and to the payment of the COJo;b;, from which decision the defendant's attorney appealed. One who kills another without the concurrence of any of the circumsfanccs emmwrated in article 403 of the Penal Code is declared by article 404 thereof to be guilty of homicide. Jn this case the evid<.>nec shows clearly that Nicolas Gloria, while fighting with Tiburcio de la Crnz, inflicted upon him with a pocketknife n serious wound which caused his death a few hours after. These facts constitutl' the crime of homicide, none of the qu111ificative circumstances inherent in the crime of murder having bl'en concurrent with the commission of the delictive act. The crime must be classified as homicide and not as assault (lesion cs), notwithstanding th<> opinion of the trial judge. .-\II acts punished by the law arc presumed to be voluntary in the absence of proof to the contrary. With respect to crimes of personul \•iolence, the penal lnw looks particularly to the material rrsults following the unlawful net and holds the aggressor re· sponsiblc for all the consequences thereof. The defonclant, Nicolas Gloria, is under Ii yeal's of aJ..>"C, ns appears from his certificate of baptism. (Record, p. 41.) Hl' plead not guilty, but the evidencr shows conclusively his guilt of lhC' crime clrnrged. His exeulpntive allcg,ltions can not he brlil'Vccl. \\'ithoul the consent of the accusec\, the deceased has cal'l'ied awav some riC"c straw belonging to the fol'mer. He had paid no attentio~ and m1HlC' no rC'ply' to the objections of the accused to this conduct, C'onsNpwnU~· thl'l-e can be no doubt that when the accused left his ho11sl', with a knifC', nfter this occurrence he did so with the infl-ntion of going in senrch or the deceased. and that when he lllC"t the lat.tN a fight took plac(' between them, in the course nf whiC'h lw attacked Cruz with the pocketknife, inflicting the mortnl wound which a few houl's aftel' eaused his death. Tt is improbabll• lhat tlw nC"cusl'd, stretched on the ground and whil(' llw tlC'<"C'll>'C'd was C'hoking him with hoth hands, eoulcl have got his lurnd.« togC'thl'r nbm·c his 11.ssailimt's back for the purpose of 17212--2 opening the knife, as he says, becausl'. if the deceased had realk heen choking him, as the accused alleges. his body would hav~ been separated from that or the deceased and consequently it woulcl have been impossible for the accused to open the knife with one hand while holding it in the other ahoYe the back of the deceased. If it were true that the accused acted in self-defense in wounding the dcceasecl, he would hiwc introduced the tcstimonv of his brother, Felipe, as a witnPss in his behalf, for Felipe, e~·cn if he did not take part in the struggle in aid of the accused, was at least an l'ycwitness to the occurrence, and it is remarkable that 1',elipe was not called upon to testify at the trial. In the eommissiori of the crime the fact that the accused is a minor, Ii :rears of age, is to be considered as ti circurnstancl' favorable to him and, therefore, in accordance with the provisions of article 85, the penalty to be inflicted is that immediately below the one prescribed b,r article 404 of thf' Code. We also apply in favor of the defendant the circumstance establislwd by article 11 of the Penal Code in mitigation of the penalty, in consideration of the personal conditions of the accused. ~o aggravating circum· :;;;tances exist to offset the l'ffC'ets of the mitigating circumstances mentioned. For the l'ensons stated we are of the opinion that the judgment appealed must he reversed and thr defendant, Nicolas Gloria, condemned. i.1s guilty of tlw crime of homicide, to the penalty of six years and ont> day or presidio mayor with tlw accessories rstablished in article (ii, to the pa;-.·mcnt of 1.000 insular pesos to the heirs of the dcl.'easf'd. and to pn;-.· the costs of both instances. Judgment will be entt>rcd accordingly nnd the case remanded to the trial court for its execution, with a certified copr of this decision. Arellano. C . . J.. Cooper, Willard, Mapa, "McDonough, and ,fohnson, J.T., concur. J1tdgmenl modified. (So. 1372. Februnry 20, 19(1.1.j JOH).. F:. RPRINGRR, petitioner, ·vs. ARTHUR F. ODLIN, judge of the Court of Fir.~t lnsta11ce of P-angasinnn, respondent. *I. Cnrnnu.J, PROCEDURE: PHIVATF. PROSECUTOR; 0AMAGF.S; JURISDICTION.Br articles 17 and 119. Spanish Penal Code, in connection with section 107, General Orders, No. 58. the person Injured br the commission of an offense may take pnrt in the prosecution and recover the dnmagcs sustained: and the Court of Fir.;t InsUlncc, having jurisdiction in criminal CllSl'S and civil Cf\WS in which the demand exelu~ivc of interest or the value in controversy amounts to 8100 do\larn or more, hfld jurisdiction to enter judgment in this 2. CERTIORARl.-Thc Snpremc Court will not review a cRSe by writ of cerlior<wi unleAA it nppenr.; thnt the inferior court acteit (I) in excess of its juri~dlction anit (2) that there WRS no ph1in, speedy, mid adequate re!Iledr by bill or exception or appeal or otherwise. 3. ATTACH~IENT; PLIOPERTY IN CUSTODIA LEGl~.-:Money in possession of ll clerk of court. by \'irtue of his omce, i~ in custodia legf,s and is exempt from 11ttach· ment. ORIGIXAL PETITION for a writ of certiorari. Till' fact,. are stated in the opinion of the court. The petitioner and the respond<'nt appeared in their own behalr. COOPER./.: The plaintiff, ,John E. 8pringl'r, on th<' 3d day of .June. 190:1, filed a complaint in this court prn;-.•ing for a writ of certiorari against thf' Hon. Arthur F. Odlin, judge of the Court of First Jnshmc<' of tlw Provin<'t' of Panga,.inan, and a~king that the Su· preme Coul't cause to be certifil'd to thig court a certain order enterecl on the :JOth day or l\lny. 1903, in the Court of Fir"t In· :>lnnce, in the cuu:;;;<' of the l'nited States es. Catalino l\fortes, by which tlw snm of $250. l\Iexicm1, wns dirl'Ctl'd to be paid O\'er to • Hee.itnot('i; hy l\lr. Justice Cooper. 328 OFFICIAL GAZETTE Co-Banco, the party injured by the commission of the offense of which Catalino )fortes had been charged and was convicted on the 13th day of May, HI03. A stipulation has been made hetwcen the parties covering the facts essential to the determination of the controversy from which it appeal's that on the 8th day of March, l!J03, Cosme Ferrere pre;;entcd a sworn statement to the justice of the peace of that pro\·inc1', in which he alleged that in l!JOl he had been robbed of crrtain pcr,.,onal property and that he had reason to believe that the said p..r1;oual proprrty was concealed in the house of Morles and prayed that a search warrant might issue. The warrant was issued and returned on the same day and the return showed .~hat the officer found in the house of Catalino (alias Esteban) l\lortes many articles of personal property other than the propert,\· described in the sworn dl'clurntion of Cosm<' Ferreri•. all of which property the ofliccr took possession of; and among this property were two small sacks containing $259.50, Mexican, in silver coin, which is the money in controversy in the present action. There was also among the property so seized certain property which had been stolen from Co-Banco, and a complaint was filed with the justice of the peace charging Clltalino l\Iortes with the robbrr~· of the store of Co-Banco and alleging that the Rrticles robbed consisted of a trunk containing $475, Mexican, in silver coin, five cans of opium, and one silk cap. As the result of the search and recovery of property two com· plaints wen• filed against Catalino :\lortl•s-onc for tlw lan:<'nr of t.lw propNty of C'osnw 1<'1·rrere and tlw other for thr roblll'ry of the above-111entioned property of Co-Banco. The justice of the peace remitted to the clerk of the Court of First Instance the silk cap and rmpty opium can identified by Co-Banco as his property, together with the $259.50 in coin, which had not been identified fmther than that the money was found with the silk cap and empty opium can. Upon the trial of Catalino l\Iortes for robbery, Co-Birnco ap· prarcd as private prosecutor. He identified the silk cap and the rmpty opium can as his prnperty and stn.ted that ut the time of the loss of these articles $480, in "Mexican money, was stolen from him. Ctttalino Mortes wus found guilty on the 13th day of May and was sentenced by the Court of First Instance, and indemnification was adjudged in the case Co-Banro for the property stolen from him. On the following day the plnintiJT, .John E. ~pringer, l'Olllmenced proceedings before the justicl' of thr peace of Lingayen, Pangasinan, against Catalino ~lortl's for tl1e rcco\"ery of the sum of $250 as attorney's fees for srrvk'<'li rcnderrd in the two causes above mentioned and procund 1111 uttachment ag1iinst the prop· erty of Catalino Mortes. The order of attachment was placed in the hands of thr sheriff for servicr, and in pursuance of this order the sheriIT on the li'ith day nf :\In~- sc>nrd n notice on tlu• rlrrk of the Court of First Instance in accordance with the provisions of section 431 of the Code of Civil Procedure for the levy of an attachment, the clerk then having thr $259.50, Ml'xican, in his custody, as before stated, by ''irtuc of his official duties. On the 28th day of May Co-Banco presrntcd a petition to thr conrt in which he stated that thr period for appeal in thr cast' against Catalino "Mortes had rxpirl'd, that the scntellCC' of tht> court had not bern appealed from, and praying that the clerk of thr court be rcquin·d to turn on'r to him Uw $2il!UJO, :\ll'Xi('Hn. in siln•r coin, in his hands, ns satisfaction in pnrt of thr indemnification made by the conrt in his favor in the sentence of May 13. and that 1111 rxecution issue ag-ninst the property of Catnlinn l\fortr;: to sat· isfy the part of the indemnification n•nmining unsatisfied nft.l'r th<' application of this nmount. Springrr intervened in this proc(•('(ling, claiming thr mone;y by virtue of the levy of his attachment. The court. on the 3oth of l\ln)', nftl'r !waring both pnrti1•s. 1111u11• an onlN by which it was adjudged thnt the claim of Co-Banco had a prrfPrrnc(' ow•r the claim of Rpriugn and ordered the monry in the custod~· of the clerk to be delivered to Co·Banco, but requiring him to execute a bond for the sum of 400 pesos with suretirs for the protection of Springer in case he appealed to the Supreme Court to annul the order. The p!Rintiff, Springer, alleges in his application for certiorari that the Court of First Instance acted without jurisdiction in making this order of the 30th day of May, l!l03; that not being a party in the cause of the United Sfates ·vs. Catalino 1\Iortes, he ha!:! no right to appeal nor has he any plain, speedy, and nde· qnate remedy from the order; and further alleging that Co-Banco hat! no lien upon the. 259.50 pesos in dispute, either by attachment or by execution; nor did the said Co-Banco on the date of the making of the order in his favor have any right of any other character upon said money. If the Court of First Instance had jurisdiction to render the judgment of the 13th day of May, 1903, in favor of Co-Banco in the casr of the United States vs. Catalino Mortes, and in the proceeding in which Springer intervened resulting in the order of l\·fay 30, or if the plaintiff, Springer, had any plain, speedy. and adequate remedy by a bill of exceptions, appeal. or otherwisC' from the order of the 30th day of :ti.fay. lfl03, by which the money in question wa,; directed to he paid to Co-Banco, then the proceeding in certiorari will not lie. By article 17 of the Spanish Penal Code ('very person criminally liable for a crime or misdemeanor is also civilly liable. and by the provisions of article 119 of the same Code this civil liability includes (I) restitution, (2) reparation for the damage caused, (3) and indemnification for loss. This civil liability may he enforced in the criminal case. By General Orders, No. 58, section 107, the privileges secured by the Spanish law to persons claiming to be injured by the commission of an offense to take part in the prosecution of the offense and to recover damages for the injury sustained by reason of the same, are preserved and remain in force, and it is therein expressly provided that the court, upon conviction of the accused, may enter judgment in favor of the injured person against the defendant in the criminal case for the damage occasioned hy the wrongful act. By section 56, No. 3, of the Organic Act the Court of First Instance has jurisdiction in criminal cases of this character and in an civil cases in which the demand. exclusive of interest or the value of the property in controversy, amounts to $100 or more. From these provisions it is clear thnt the Court of First Instance did not net without jurisdiction in rendering .the judgment of the 13th day of May, 1903, in the criminal case of the United States vs. Catalino Morles in favor of Co-Banco as thr injured person for the indemnification of the latter, nor diil it net in excess of jurisdiction in the ordn of l\Iay 30 directing the money to be turned over to him. The Court of Firi~t Instance having the money in its posse.~­ sion, ther<' was no necessity for the issuance of 11n execution in the case. It is ft well-established principle th11.t property in c11stodia legis is exempt from attachment, and the principle applies to monE'y in the po!'lsession of the clerk of 11 <'Ourt hy virtue of his officl". (Drake, Attachmenb, sec. 509.) This being the c11se, no lien was acquired by Rprin,!!Cr hy thP lE'vy of the attachment and t.he notil'e given to the derk. Tt is unnecessary to determinE' wheth€'r if Rpringer had acquired a lien on the money hE' could have intervened in thr motion made hy Co-Banco to hnve thr money turned over to the fattrr. nor wheth€'r in the rvent Rpringrr might ha\'l" intervf>nPr1 ~hat hr could have appealrd h~· bill of rxceptions from tht> jnd.c-mPnt in f1n·or of Co-Banco. As bt>fore stated, thf>-rr must have <'Oncurrr<l, under the provisiom1 of srrtion 514, Code of Civil ProcE'durr, both requisit~: that is, (I) the excess of .iurisdiction on the part of the t'ourt and (2) that therr wns no plain. speedy, nnd adeq111de remed;v h;v bill of exN'ptions or appeal or othrrwi~. OFFICIAL GAZETTE 329 Hnving reached the conclu9ion that the Courl of First Instance had jurisdiction and did not act in excess of such jurisdiction in awarding the money to Co-Banco, there is a failure of the fir>it requisite for the issuance of a Wl'it of certior1J1ri, and the petition for the same and a review of the case by this court mu11t be denied, which is accordingly done. The costs of this proceeding are adjudged against the plaintiff. Arellano, C. J., Torres, Willard, Mapa, McDonough, and Johnson, ,J,T., concur. Writ denied. STATISTICS OF BUREAUS OF THE INSULAR GOVERNMENT. BOARD OF HEALTH FOR THE PHILIPPINE ISLANDS. MANILA, P. I., April 27, 1904. Sia: I have the honor to submit the report of the Board of Health for the Philippine Islands for the month of March, 1904: The more important causes of deaths occuning in the population of Manila, with the numlJer of deaths, were as follows: Convulsions of children, 25a; tuberculosis of lungs, ii; eclampsin, nonpuerperal, 41; other special diseases of early infancy, 6; ucutc brnnchitis, 40; chronic bronchitis, 33; congenital debility, icterus, nnd sclerema, 29; chronic diarrhea and enteritis, 24; simple meningitis, 23; other diseases of the nervous ~ystem, 6; 1lysenfory, 19; cerebral congestion and hemorrhage, 17; plague, 13; heri-beri, 13 ;' typhoid fever, 11; senile debility, 11; organic disease of the heart, !.! ; pulmonary congestion and apoplexy, 6; diarrhea and enteritis, under 2 years, 6; acute nephritis, 6; Bright's disease, 6; intermittent fever and maluinl cachexia, 5; tuberculosis of larynx, 5; tetanus, 5; pneumonia, 5. Of the nbove-mentioned causes and deaths the following occurred in infants prior to the completion of the first year of life: Convulsions of children, 253; eclampsia, nonpuerperal, 41; acute bronchitis, 32; chronic bronchitis, 23; congenital debility, 29; chronic diarl'hca and enteritis, 13; simple meningitis, 15; other diseases of the nervous system, G; diarrhea and enteritis, under 2 years, 6; other diseases of e11rly infancy, l; pulmonary congestion and apoplexy, 4; tetanus, 3; dysentery, l; acute nephritis, l; pneumoniu, I. Of the 751 deaths occurring among inhabitants of the city, 429, 01· 5i .l per cent, oecurred in children less than 12 months of age. It will be observed that the infant mortality is high. The Board of Health has caused to be prepared and distributed Health Bulletin No. 3, entitled "The Co.re of Infants." Copies printed in 8panish and in Tagalog have been circulated widely throughout the city, and it is believed that the information contained therein will be gratefully received by the nmjorit~, of families and that it will result in a reduction of infant mortiliity, for which purpose it is intended. Thf'I'(~ wcrf' no cases of cholera, und the condition in this re· spect were favomblc enough to justify the Board of Health in passing a resolution on the 23d dn;\' of March to the effect that··\Vherens the Inst case of suspectf'd Asiatic cholem occurred in the city of Manila on February 29, 1904, there hnving been but four positive or suspcctt'd cases of Asiutic cholera in tht' city of l\lnnila since January 6, Hl04; and "WhNens the provinces adjacent to Manila have been free from cholf'l'll during the pr('sent year: On motion, "Hesolved, 1-'hnt th(' C'ity of l\Inniln is. nm\ is hereby. declared frc(' from the infection of A>iintic cholem." 'fhere were IO cnses of snmllpox-1 American, 2 Chinese, and j l~ilipinoH. Of this numbf'r onlr one died, a Filipino. A totul of 15 cast•s of plugue with 14 deaths occurred during the month. Of these 12 occune<l in .Filipino:;, of whom 12 <lied, and 3 among Chinese, of whom 2 died. There were 19 deaths among the prisoners in Bilibid Prison, of which 7 occurred from lobar pneumonia, 5 from tuberculosis, and 4 from amebic dysentery. The annual birth rate for the city of Manila for the month of March was 34.01 per thousand, but births are as yet incompletely reported. Jn the work of sanitary inspections there were 5,302 inspections and reinspections of houses during the month, 329 houses were cleaned as a result of sanitary orders, 25 whitewashed or painted, and 95 disinfected. A total of 669 yards was cleaned and placed in good sanitary condition. There were 32,409 rats destroyed in the prophylactic measures against plague; 216,i65 units of vaccine virus were issued and 13,251 vaccinations were performed in the city of Manila. During the month Dr. Edward L. Munson, captain and assistant surgeon, United States Army, who was detailed to this office as assistant to the Commissioner of Public Health, prepared and put in operation a comprehensive and carefully prepared plan which has for its purpose the vaccination of all the inhabitants of the Philippine Islands. If the work as outlined is carried out it is hoped that smallpox will play little part in the reports of infectious diseases of the future. A veterinary division was established which will have direct charge of all matters pertaining to veterinary medicine and surgery throughout the Philippine Islands. All veterinarians and inoculators employed by this Bureau have been assigned to duty in the veterinary division. Dr. John G. Slee, who is now on special duty in Shanghai, has been appointed chief veterinarian, and Dr. David G. Moberly has been designated acting veterinarian during the absence of Dr. Slee>. Very respectfully, E. C. CARTER, Major and Burgeon, U. S. A., Commissioner of P1tblic Bea.Uh. Tht> SECRETARY OF THE INTERIOR, Jfa11ila, P. I. Population of Manila. (Preliminary rough count of census of 1903.] Americans---------------------------------------------------------------- 4,389 ri.~~l~~s-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 18i;~~ Other Europeans ---------------------------------- ___ --------------------- 1, 117 Chinese ___________________________________________________________________ 21,230 All others___________________ ----------------------------- 895 Tota) _____________ _ -------------------------------- 219,941 Deaths oeeun·ing during the monUi of ,lfareh. ~ffl~~~~n~_:::::::::::::::::·:::::::::::::::::::::::::::::::::::::::::::::::: 7J Spaniords ------- -----------------------------------------·----------------- 4 Other Europeans ------------------------------------- l Chinese-------------------------------------------------------------------- 36 All others-------------------------------------------------------- l Unknown _______ ------------ _____________________ ------------ ___ _ Total _______________________________________________________ ---------- 751 Annual rleath rak per thou;;andfor the month. Americans--------------------·----------------------------------------··---- 5.85 ~i~i~~~~~~~~~~~~~;~~~~~~;;~;;;;;;;;;;;;;;;;;;;;;~;;;;;~:;~;~~=~;~;;;;;;;; H~ff Allothel'9 ___________________________________________________________________ 13.16 Unknown __ ----- ________________ --------------------- _____ ------ __ Average------------------------------------------------ -------------- 40. 28 Deaths by age, i11eluding transin1ts. Under 30 days_____ --------------------------------------------- 86 ~y~=~·~2 \~:.~ ---- ____ ::::::::::::::::::::-::::::::::::::::::::: 3~ 2 years to 5 years_ _ ----------------------------- ---------------------- 18 rcr::~rs1~o1~r.y~~::Srs_ _ __ ::::::::::::::::::-:_::::::::::::::::::::::::::: I~ 15 years to 20 years. ----------------------------- 21:1 20 ye11rs to25 yee.n;_ ------- --------------- ------------------------------- 2."> 25 ye11rs to 30 years_ ----~ ------------------- ----------------------- 35 30 yean; to40 ye11n;___________ --------------------------- 73 40 years to 50 years______ ----------------------------- 34 50 years to60 yean;______ ------------------------------------------ 40 tiO yeal'S to iO years____ ------------------------------------------ 25 330 OFFICIAL GAZETTE Deallis by age, including tra11~01/1--Continued. Bllibidpria<mnpQrt ofW:aUl6 Ol.'curri11g during Uie monlh of Jfarch, 1904. 5 ~:E : ~ci::F~::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2 : Wnln'!::nar:_~-~~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::-----4 Total __________________________________________________________________ 79'l Number of deaths with medical attendanee________________________________ 40l> Number of deaths without medical attendance_____________________________ 387 Total _________________ •••••••••••• ------------------------------------- 792 Stillbirths, 31. Districts. P'tfo~l.11.-1 Deaths. - - - - Filipinos. ca.use of death. Presidio. I Carce! ! Tolll.I. - - - - - - - - - - - - 1 M. F. l(maleJ.I __ Ameblc dysentel"Y------------------------------- 3 ______ __! l I 4 Pulmonary tuberculosis_________________________ 4 --------1 1 1 !'> Cl\rclnoma of tbe laryn:rc ________________________ 1···· ---- -------· l I l ~~~fc~U:1}~~:;~~=~;~=~~t1i:::::::::::::= ·----T :::::::=------~-: I Total ..•.•••••••••••... ---------------------1-11==--81~ 11,463 52 Condition: ---------------------- 16,613 -------------------------------------------------- 29,059 ~ ~:~~l:i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ' . -------------------------------------------------- 89,04.5 185 Wldower _______ ·-------------------------------------------------------- l l ulapo ____ ::::::::::::::::::::::::::::::::::::::::::::::::::: ~: ~~ 111) Unknown--------------------------------------------------------------42 Cemeteries. Loml\ __________________________________________________________ _ " t:!11:l::iei::::::::::::::::::::::::::::::::::::::::::::::::::: 1::~ Pa.CO---------------------------------------------------------- 6, 720 Ermlta •• ----------------------------------------------------- 12,226 Ml\l&te ------------------------------------------------------- 8,858 Pandaca.n ---- ------------------------ ------------------------ 2, 990 Santa Ana.·-------------------------·-····------------------ 8,255 Transient residents---------------------------------·-------- 15, 901 Unknown-----------------------------------------------·-------------81 31 31 " 30 8 12 41 2 Total__________________________________________________ 219,941 ;92 A dallsijl;:d repoi·! of all <Ualhs occurring in Manila d11ring the month of .Vard1, 1901,. MALES, Married---------------------------------------------·-····------------------ 92 Widowers------------------------------------------------------------------- 21 Single----------------------------------------------------------------------- 63 BOYS------------------------------------------------------------------------- · 270 Condition not11tated in certlftca.tes ----------------------------------------- 11 Total •••••••••••• ----------------------------------------------------·· 45; Condition l\nd sex unknown, I. FEMALF.9. Married ..................... ------------------------------------------------ 52 Widows_____________________________________________________________________ 34 ~\~fLe_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ Condition not stated in ct!rtltlcat.es ----------------------------------------- I Total·----------------------------------------------------------------- 835 GrandtotaJ____________________________________________________________ i9'l Stillbirths, Sl. Comparatfre mortality fl'om Jnnm•ry 1, 1900, to .Vare/1 31, 1901,. I 1900. I Month Of the total number of deaths occurring during the month of March, 1904 (792, including transients), 504 were of persons less than 16 years of age. Of the remaining 288adults of both sexes only 183, classified below, had definite occupations: Farmer·-···----------------------------------------------------------------- I -------------------------------------------------------------------- 3; Cooks ••• :::::::::::::::::::::::::::::::::::::::::::::::::::: _______________ _ Mason.---------------------------------------------------------------------Chair maker-----------.------------------------.----. ___ . __ .. -----... ------. Shoemakers----------------------------------------------------------------~r:g:~:~_::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::: 2E~~:i~~~~~r:::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::: Laundrymen _______________________________________________________________ _ Merchants·-----------------------------------------------------------------~N~:~~:~::::=:::=:::::::::::::::::::::::=::::::::::::::::::::::::::::::: Plumber----------------------------------------------------·---------------Measengers •••••.... ------------------------------------------------·--·----Boatman ---------·------------------------------------------------------·--~U::~f:i~tS-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Surgeon-----------------··-------------------------------------------------Fisherman-----------------------------------------------------------------Total·-------------·--- .... ----·-------------------------------------2 15 l 2 2 l l . ' . I I 2 ' l l . . I ' ' l I 2 I l 2 l 2 l l l l 2 l l Sea.mstresses ---------------------------------------------------------------- 17 Merchants-----------------------------------·------------------------------ 4 Laundrywomen-----------------------------------------.. -------------·---- 13 Cigar makers-------------------------------------------------------------·· 9 ~~J'a~e;!~~~:::::::::::::::::::::::::::::::::::::::::::::::------------------ ~ Real-estate agents·------------------------------------- -------------------- 2 Beggar----------------------------------------------------- 1 Embroiderer -------------···------•. ----------. -----. --. --- l Total .............•..•...•••• ---------------------·------·------------ 56 Grand tolll.1 ..... -------·······--------------------- ------------ -------- 188 Btrlh8 reported in .\larch, I9<M. 1 1 Incomplete. OFFICIAL GAZETTE 331 Anniial 1rirU1rate per UwWJandfor the month. Americans------------------------------------------------------------------ 18.i9 ~~~~~-ii~~i:~;:::::::::::::::::::::::::::::::::::::::::::::::::::::~::::: ~: ~ Chinese--------------------------------------------------------------------- l.10 All other.1.-----------------------------------------------------------------------Averaee _______________________________________________________________ 34.01 &port of pre11criptiornl JUUd at the municipal di.8penwrie11, showing di.8tricU, 1e:r, and age of pe1·1on8 to 10hQm 1R€diclnes have been gitoen during the 111onth of Jlarcll, 1904. I Filipino~. Olstrlcts. j ~-I Children. Total. I M. -IF~ -M:- I F-:- -Report "! sick and wau11ded city poor attended by munieipal pl1ysieUms d1tri11g the monlfi af ,l/arch, 1901.. -•• -.,.. ,-,.-dl-•tn-o-~-and ?.:- -"-'-'P_ln~~ilI; ~n·I I Cured. I Deaths. ·~!i physicians ers, Adult. dren aduit · I ~• · :i~~!~-------:-'._!male. ~ ____ 1 ~> ---~--I M.1 F. M. I F. i E-< M. F. M. F. z N~.\;~~~:~~~I~:-~~~-=-:-~ -:r~1-= -=-I~ -:--:-,1-:-= No. 2. Tondo, Dr. V. j I N:.11.~toci~apo;~Dr~-p:- -----· 19 32 4 1 a 1------ oo 12 2a ~ "' 319 N~a~r~~nt&-Cfiiii~-:o-r:- 1 s 19 3 1 4 1______ 35 . 1 s 111 2 4 85 C. ReYe.8------------- ------ 10 10 8 1 ------ 24 9 :; 1 2 74 N%~~-:s:'oo:'.'.·~~: :::::: '~-1-"_11 ___ '_ :::::: ___ ~f'_1_20 ___ '._I--'-_': :. B. Cabm~----':_ ------ 2S 1 19 11 6 ------ '9 i 19115 10 I 7 172 Total ---------.--- 1 911rn ss 28 1 == 2s;r64-f85-28 1 22 m ,llonthly report of San Law.ro HorpiW.l, leper and 1001111m's deyarlmei1ts, for Match, 1901,. WOMEN'S DEPA.RTMENT. I Euro~eans. ! Fili;lnos. I Chinese..:._ I Total. - - - - - - - - - M. I F. ' M. I •· 1 M. ! F. Number of patients in hospital at 1--1-1~1--1- -·lnstreport ---------------------··.·----- t 1 . 12ti 85 1 1 I_------ 213 Number of patients received dur- i [ I 1 i~IiH~;~~~~~~f~.tirn::~~~~;~;;~~~~~11====;=i====~J1,---;;;::~~~~: _ - - : _iast_re~~~~~~~L---=-~---[------i 1 132 85 ------;------1 1 1'urned over to Chinese consul to be sent to China, 1 male Chinese. Escaped, I Filipino and l Flllp!Dll.. mPiOye-d::::::::::::::::::::::::::::::::::::::::::::::::::::: Burial8, March, 190,. rirs11~~1;r1I~ i :a_i:ei~~ ~~~~r~-~~~~-~:_3~::::::::::::::::::::::::::::::::::::::::::::::: ~ Total----------------------------······-·-·-------·---------------------823 ~iY~es~r~~~=::::::::::::::::~~~~:Sa~~~·=~~~~:::::::::::::::::::::: Tondo.·-----------··-----·····----------- ---·---------------------·---·----8ampaloc ---------------------····-----------------------------------------Total _________________________________________________________________ _ .Vlmlhly report of cremalorksfor lhe 1mmth of March, 190,. Crematories. 6 7 11 1 2 Disposition. -,~I --i--1---------::-:::::::::::::::::::::::: ~.:1 ~~~ Pooo: 'f""'.J ----------------------------- 8 2 2 7 Mules, American:::::::::::::::::::::::::::~ 1~ 5~ -----~~- 9! Carabaos ------------------------------------ 6 4 5 15 Cows---------------------------------------- 21 16 ; H ggr~~::::::::::::::::::::::::::::::::::::::: 24~ 1------~- --1 ~ ~~~~~-~~~1::~!2J:~1 :~ Lo•d•orematodo 1~~~1~ ~~~-~~I :~:~~j 332 OFFICIAL GAZETTE Report of operationa of the pail-cinuervancy syttemfor IM 111071th of March, 1901.. Description. tton. use. cleaned. I Installa· Pans tn Pails ----~------: -----Private boUBc.11 ••••••••• ---------------------------- 688 Public buildings................................... 44 · Publlcclosete...................................... 11 Provisional collections, 7 In use----------------------------Marlqulna ----------------------------------------- 132 "' ll7 ... 132 200 Tota] _________________________________________ --87Sr-1.m1~ Rqiorl of action roken on lUensea during lhe moo th of Harell, 1904. Business for which license 18 desired. I License License Total ap1 appltca- al{Ellca- plicat~~~!:J'." p~~id. :=. Aerated waters------------------------------------ 4 Bakeries------------------------------------------- 4 ---------- 4 Boarding house-----------------------------------------------------------------Bronze ware------------------------------------------------- 1 1 Chocolate__________________________________________ 9 ---------- 9 g:kn~°f~? ~y~~gpfOdUCt.~:::::::::::::::::::::: ~ ------·-2- : Dlstlllerles(spirlts) •.. ----------------------------- 1 ---------- 1 Drugstores---------------------------------------- 11 ---------- 11 ra~~grl1~~~-~~~:::::::::::.:::::::::::::::::::::: l~ --------i- 1~ B]1li~~:·····11~r····1 Tota.L_______________________________________ 74 i G 80 Report8 receit•ed of /eper11 livi11g in tl•e 'V(lriOIUI provinceB nf tl•e Phllippim Iida11d11 to March'1,190,. Reports receivro of in.Mne persOM liting in lhe t·arioua prm:intt.IJ of the Philippine I8land<I to March 31, 1904. ~ · ~ ~:J-1 Single. I J~~· Total. Province. Race. . ; ~ · · ~ ~ ~ ~ - - . - - - - - - - - - _.. it M. F. M. F. M. F. M. F . - - - - - · - - - - - - - - - - - - ~r~~~~~ :~r~~~= g ~ ~ J_ t! !i ~ J ~~~~ ~~~: g li Ilollo ___________ do___ 98 91 24 IO 24 21 64 46 ---- ____ 98 91 La Union-.. ____ do___ 29 15 1 2 10 4 16 10 l ____ 29 16 LaLaguna _____ do ___ 71 72 9 6 17 18 46 40 3 5 71 72 Mindoro ___ •••• do___ 9 7 1 ____ 1 2 8 4 ____ ____ 9 7 i~~:!~~~= ::::i~::: . ~ 2 ! i ~~~~ 1 i ~ -~--~~-1:::: :::: ~ , Tayabas ________ do___ 68 45 4 7 8 5 50 SS 8 1 68 45 IlocosSur ______ do ... 89 86 8 6 22 20 61 86 ---- 2 89 86 Zambaleri __ ----dO--- 9 I7 9 ---- 2 1 7 7 ---- ____ 9 17 Pangaslnan ____ do --- 93 86 15 16 26 22 46 44 6 5 93 86 Ml8allll9 ________ do --- 81 72 13 5 22 19 52 39 2 1 81 72 Ca.vlte _________ do___ 28 23 6 t 7 9 20 8 ____ ____ 21:1 28 Caplz __________ do___ 36 36 7 5 IS 11 18 17 ---- l 36 86 RlzaJ ___________ do .. - 42 27 4 3 16 7 23 16 -------- 42 27 Wo~:~::: ::::~~ ::: ~ ~ I : I : I ': 11~ ~ I !~ I:::: --~- ~ ~ nocosNorte __ •• do___ 58 44 11 2 14 I2 36 21 11 -·-- 58 44 ~\a.!ia::::: ::::~~ ::: 6; ag ~ --~- 1~ ~ 4~ ~ --~- --~- 6; sg Tota.I. __________ l,ls2 ~li64892M°259173,5568"24119 Wi211."filo I • I;. ~ "'!~ oe 2 1 ~g;i ~;ir s ~gj ~~ .s~s :~~ Province Race ~ ~ SS "O~ ~-;i ~§~ j;j 0 ... '8.:>. Q.>"E!<:i ....... I ~ ! l l ~ s:~~ l~.§ _ _ _ _ 1 _ _ _ ~ _!_~~__i_ igmi:>, Z QQ Bataan I Filipino 15 16 21 ------ None___ IS II i~r!lli~~~~~~~·:::::it:~~~~ ii I5 1~ ::::::::::i~::: f, * Hollo. ______________ do______ M 185 IM 5 •••• do___ 136 58 La Union------ _____ do------ 10 34 44 ------ •••• do --- -------- 44 La Laguna.---- _____ do------ 22 121 143 ------ •• _.do --- 46 97 Mindoro------- ..... do------ 9 7 16 ------ ___ do··- 16 -------K~:ti::~::::: :::::~~ :::::: ~ ~ ~~ :::::: ::::~~ ::: -----~- ~ Tarlac _________ •..•. do------ 6 10 16 ------ ____ do___ 4 12 fi~~r:::::. :::::~~ :::::: · !: 1: gg ----~- ::::~~ ::: 1: :~ ., " 10 31 83 37 2 2 17 -------• l l 10 1 1 17 1 1 38 28 42 4 12 s 27 6 s 8 4 3 s ____ s 2 2 2 1 ---- 21 10 9 ---24 12 8 6 1 •••• 188 Ze.mbales------1· _____ do______ 4 20 2S I ____ do___ 14 12 58 Pe.ngaslnan __ l _____ do______ 18 I61 179 ------ ____ do --- 88 91 16 Mtse.mls ____________ do ______ 37 116 158 __________ do... 107 46 48 Cavlte do 14 87 50 1 •••• do ___ 43 8 ~ i~~:illml'l=~l~11llll~ll ~ ,g 1 ,~ 1====11~rnH ,~ 1 n Bulacan------- ____ do---- 17 IIOCOB Norte _______ do---- 4S IlocosSur __________ do---- 176 ~~te::::::: ::::~~ :::: :~ Cagayan ___________ do---- S7 ~~r~~::::::: ::::~~ :::: ~~ ~~e;:o~~~er: ::::~~ :::: ~ dental. Pampe.nga .••••.... do---- 8 Ki!1a~~~~-~~-::: ::::~~ :::: 1~ ~~~~~~~-~::: ::::~~ :::: ~ San Lazaro---- ____ do---- 109 Tarlac _____________ do---- 27 sorsogon ------ ____ do---- 7S Romblon ------ ____ do---- 13 Samar --------- ____ do____ 39 Union--------- ____ do____ 43 Zam bales __________ do____ SS MlndanRo ----- Moro____ 140 f1~~~ :::::::::: -~i~~~~-= ~~ Negros Orlen- .... do____ 66 .. 1. ISRbe\11. de Lu- ____ do---- 18 9 2 l 28 s 2 12 6 s 8 -------9 10 81 8 5 10 . . . 2 " 1 3 SS 2S 10 42 ____ 3 4 1 ___ _ s ---- 3 101 60 61 22 14 12 2i 27 20 7 3 4 22 15 27 15 2 5 2S 11 2.5 28 7 3 5 1 8 ---- 1 3 16 3 l ---- ---- 2 19 12 23 7 2 6 17 10 8 l 1 ---91 Albay --------- _____ do______ 22 133 158 2 •••• do ___ I G7 88 }~ Jsabele. ••••.... _____ do ______ ____:_~~== 1 ____ do _____ s __ u ~~ Total. _________________ 384 1,75812,1231 19 ---------1,2691 873 24 _______ _ 11 s 1 s 2 ---- 3 1 so 2 a sa I 28 2 1 ~ ::::---~~-I 1 1 ~! -~-1--:- ~i 4~ M -i~-1--~- :~ :~ 28 3 ---- 15 14 ~ i i--g- ~ !~ 89 5 4 136 &I 66 11 2 113 87 42 6 2 27 23 .. ., 5 3 ---- 1 16 6538181420:i 21 7 3 8 67 1 ---- ---- ---- s 13 2 6 2 87 25 19 11 16 218 18 10 2 5 66 40 10 3 5 110 2~11: ·-a- ~ ~ 24 12 4 2 74 2f 15 4 s % 45 18 9 12 2'20 32 22 3 3 269 94 9 24 20 310 32 14 7 6 116 3 I 10 3 Report of the veterinary ditii.rion of Ille Board of HealtA foi· U1e Philippine l81and11jor Ille month of .Varch, 190,. [David G. Moberly, acting chief veterinary surgeon; Murray J. Myers, Velerinary surgeon.) On e.rflnl ln city: . ~~Ei~~ ~i ~~~~~JE~~;~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~~~~~~~~~ ::~ ~~:~~~ ~~ ~~ ~~f!~\~~nsp-e-ctcd::::::::::::::::::::::::::::::::::::: 7~ Number of sheep inspected---------------- ---·------------------------ ll Toto.1 •• ---------------------------------- ·--------------------------~ 7,2S6 In Government 11.b11.ttolr: ~~i~~EJ ~r;:~i~t~~~~~~~~~~~~~~~~~-~~~~-~~~~~~~~-~~~~~~~-~~~~~~~~~ ~:~~ Tota cattle con emn ::::::::::::::::::::::::::::::::::::::::::::::: 6'%~ ~~~~0c~~'::t1!:~~ed"iOf-SiifM-::::::::·::::::::::::::::::::::::___ 1: bones condemned for glanders --- --------------------- ----- • 13 other animals condemned--------------- ---------------------- :.!.'I Tota.J ___________________ _ OFFICIAL GAZETTE 333 JfqntJily report of dl8i11fed"'1ufM Mareh, 190/,. Number 1 Number Dlsea.aes. of disin· of con· fectlons. tacts. - - - - ~~~~' ·l~~~:~~~~~=~~:~~:=:~::~:~~:m:~m~=~=~:=~~~::~~~: 1 ! 1::::::::~ ·con-dii1on::::::::::::::::::::::::::::::::::::::::: ~ 1:::::::::: Total___________________________________________________ 73 1 no Smallpox report/or ,1[anilafrom .1[an:h J to !Jl, ltJOJ,. Cases. Deaths. Ban Nicolas ......................•.••••• ________________________ ---·--·----------Tondo •••• ---------------------------------------------:________ 3 --------~t:° CM::::~:::::::::::::::::::::::::::::::::::::::::::::::: ~ --------1 Se.mpe.loc •••••••• ----------------------------------------------- 1 --------~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::l~===i FTom I to 5years·---------------------------------------------- --------- --------From 5 to IO years--------------------------------------------- l 1 From 10 to 20 years-------------------------------------------- 2 --------From 20 to 30 years·------------------------------------------- 5 --------From 30 to 40 yea.rs---------------·---------------------------- I --------f:;':a.~ :rat:'::::::::::::::::...::::::::::::::::::::::::::::-------~-::::::::: ---Total .... ------------------------------------------------- 10 l Number of cases found "a.live"----------------------------------------------- 9 Number of cases found "dead"----------------------------------------------- 1 Total •••• --------------------------------------------------------------- 10 Report ofvaccinotWn, city of Jlanil«, diiring the month of .Varch, 1904. District. (Chief of vacclnators, SATURNINO EsPitJO.] Children. Adults. I Tota.I, Ameri- Ameri- AmerFill- cans Fill- cans Fill- leans Gmnd pl- Chi- and for- pi- Chi· and for- pl- Chi· and totaJ. no.s. nese. e:~- n011. nese. e!~- nos. nese. ~~WalledClt)' .• 209 ----- 7 496 25 38 705 25 46 775 Blnondo..... 363 18 1 303 27R 6 666 296 7 91>9 san Nlcolu.. &15 I 1 441 291 ________ l,086 292 1 1,379 ondo ....... 1,199 ----- ________ l,266 68 14 2,466 58 14 2,537 - 267 ------------1 365 149 52 622 149 52 823 : 1~ ::::: ------~- ~~ ~ i~ m I ~ ~ ~ :: ~ ::::: i 2.m 2g 1~~ 2.~ 1 ~ 1~ 2, ;}~ ~r:ii~: :::::: ~ ::::: ::::::::1 i: 2: :::::::: ~ I ~ ::::::: ~ Snnta Ann... 2'.u! ----- -------- 169 9 l 3971 9 I 407 Pand:::;~~~~~~~~~i~~I~ Bu/Joni/! plagtu rt:purl./or Manila from March 1 to !J1, 1901.. Cues. Deaths. san Nicolas _____________________________________________________ -----------------Tondo .................... -------------------------------------- 3 ----------------------------------------------------------------- } ________ _ ---------------------------------------------------- \! ) ----------------------------------------------------- 1 ________ _ ----------------------------------------------------- 8 --------It.a •••••.•••.................................................................. Tota.l ••••••••.....•................ ==·---------------1-01--, From 1to5 ye&n>----------------------------------------------------------------From 6 to 10 years ...... ---------··--------------------·--···r·- 1 1 From 10 to 20 yea111_____________________________________________ 2 --------From 20 to SO yea.rs_____________________________________________ 5 --------From 30 to 40 yee.111............................................. I -- ------~!!'::Oat=:::::::::::::::::::::::::::::::::::::::::::::-------~-::::::::: ---Tota)_____________________________________________________ 10 I Number of cases found ''alive"--------------------------------------------Number of cases found "dead"--------------------------------------------Tota.1 •••• -------------------------------------------------------------- 10 Epid.emW of cholera in the city of Manila and pr01!incufrom March to, 19ot, to March 1, 1904. Manila. Provinces. Month. cases. Deaths. Cases. Deaths. ------------ -----------.1902. March--------------------------------------~~-:::::::::::::::::::::::::::::::::::::::: June ... -------------------------------------July ----------------------------------------August _____________________________________ _ ~?:i!r~~::::::::::::::::::::::::::::::::::: November------------···-------------------December----------------------------------1903. Janua.ry ..• ---------------------------------Februa.ry ____________ ·-----------------·---Ma.rob ........•••••............••••••••••••.• ~~!~::::::::::::::::::::::::::::·::::::::::: June ... -------------------------------------July ________________________________________ _ Augu&t ....•• -------------------------------~~tti:r~~::::::::::::::::::::::::::::::::::: November----------------------------------December----------------------------------, ... 108 ... "' 601 l,= "" 87 336 .. 7 2 6 " "' 39 " .. 290 127 31 " 90 -----------------406 1,9'27 1,417 442 2,407 1,631 492 5,204 4,097 l,~ 1i:~~ ~:~ 179 43,346 27,410 57 30,837 18,572 2S6 12,853 6,681 24 5,918 3,083 4 4,921 I 2,997 J ~:~ 212 1,402 :: !:~ 72 10,212 263 4,613 1~ i:m 13 ,.. 2,757 2,009 }:m ..., 2,94.1 2,800 7,406 3,672 1.:r, 270 January------------------------------------- 4 5 3fi 24 Febru&rY----------------------------------- _ _ s __ s __ ,_1 ~ Tota.I ••••••••. ~------------------------ 5,681 4,886 160,&17 105,065 Report of cholera oceurring in prot•incu in tM PhiUppine IllarnU during the montJi of J/arch, 1904. Province and place. ._,.....,. ~ '"" 1 i "----1D-·t'-~ ~ Per. 8!C!N:l~;::::::::::::::::::_~ :~~ 'l i ~~ ID••lh; ':~ Mortaii~~1per·ceni:::::::::::::::::::::: ::::::::j:::::::: -----~- -----~~- ----43~4 334 OFFICIAL GAZETTE WEATHER BUREAU . .lf&orr.Waical rfo/a rled11CT:d frmn hfJurly obscr1'£1tiong, mmith of .Varch. 1904. Date. Ba~:_~ter, 1 !- !empeni.tur~- I ~~-:--. ___ 1 _ _ _ Wind1 ~;;;-u~;.T:T:~=. II Mean. 1Maxim11m.:Mlnim. um. ity, I i~:~;l~~~, To~~t?:~~} 1--.------· shine.! ______ , _______ I ______ I ______ mcan., ____ 1 _ _ _ _ ' Force. ;mrection.: _I 'Jnchu.1 Mm. 0 c.1°F. I 0 c. °F. 0 c.1°F. IPerct.I Km. IMilu.jKm.:Mii:1---!----;:--;:;lnch.r,;,.--: L~~~~~=~~=~=~~~i ~l 'n ll ~l lll ~! ~ ! 11} ~i ill I '~'. m ~ !~ u 1 1 !! I wf t : ;! n 1'=~~~~~{~~~~ 6 _________________ 29.92.S 60.08126.9 80.4 ! 34.3 93.i 21.7 ~ il.1 69.S: SE. 250 ISi'! 24 15 SEbtE. I 10 25 _______ I _____ _ 1-11 1 11 lllllrllill II ii;!l Iii~~· 111 1 :1 1 ,r ll!~w "-------- -------- 29 9H 59.SO I''·' I ''·'' "· 7 " I I 20, I., ' "'I 146 91 H 9 I NW. 3 50 008 I '> ~::::::::::: ::::·i ~ ~: ~~:I~~ I:::~ I~; ~~I rH: Zi ~ ~~ g .' ~~ i 1~ ~ :r s~~i. : gg :::::::,:::::: 27-___________ 29 84'1 58 05 27 2 1 111 0 33 o 1 92 3 I 21 o 1 ,o 7 66 fl _ 2'.!I 1137 16 I IO WNW. 6 15 -------1-----28________ 29 887 59 13 27 ~ 80 6 1 31 2 93 6 19 3 ~ 7 I 63 5 ~Ji:. 32'.! 200 30 19 , SE by E. 1 10 25 ------- -----~:----____ 1 ~ :~: • ~ ~~ ~~ g 1 ~~ ~ 1 ~~ ~ ~ ~ 1~ g 1 ~ ~ I ~ ~ ~~: ~ 1 m ~: rn \ .. ~~'"1 1g ~ -------:-----31___ - - ____ 1 29 914 59 7!l I 27 0 RO 6 34 2 9'J 6 I .!O 6169 I I 58 4 I E., SSE. I 280 I 174 211 18 ' SE. I IO 00 :::::::.:::::: Mean --f299071™68i26217!J21 32\J1 9i""4l986771 ---s56 -------------!~~: 146.712o.6JJ2.9:------------I 8 17 -------:-----Tol.ftl _______ 1 _____ -~- _ ------ _____ - - 1 --------------;7,821 i 4,547 j------i------·------------ 256 40 .•m I 11.2 1 Corrected for Instrumental error and for temperature and reduced to sea level. Correction to standard gr11.vity, -1.72 mm. (-0.068 lneh). MINING BUREAU. Tiu· .llilliny /Jurc«u, the mineral ind11str,11, (///d the miuerul re· .~ourccs of /he Philippinr>s. Br H. D. MCCASKEY, Chirfofthc Ni11ina B11rwu. THE MINING BI.:REAU. The functions of the ).lining Bmcirn arc prescribed in section 4, Act !Jl6, which reads a:-; follows: "It shull be the function of said Bureau to make, fnt"ilitute, uml encourage specinl studies of the mineral resources, mineral industries. and geology of the Philippine hlancls; to collect statistics ('O!lccrnin~ the occurrC'nce of the economicall,\' important minerals 111111 the uwthods ptmrncd in making their ntlmtblc (•onstilu<'nts available for <'Ommcreial USI.': to 1nak<' colh•ctions of typical geological aml mineralogical specimens, csp<'<'ially thosl' of economic and <'ommcr('ial importance, such collections to constitute thl' museum of the ).lining Bureau, subject, howcvC'r, to tnrnsfC'r hy ext>eutiYe or1ler of the C'ivil Gm'ernor to any general musC'lml cstnblishC'd; to provide a librill')' of books, reports. drnwings, l'tc., bearing upon tlw mineral industries, the sci1•m·C's of mineralogy und geology, and the urts of mining irnd mrbtllurro•. such librnQ' constituting the library of the Mining Bureau; to mnke a collection of modC'ls, drawings, and deseriptions of llWC'hnni<•nl applianres nsed in minin,!! and metallurgical proc1•s;ops; to prC's1•J'\'c and so maintain such colleetiorn; and library as to makC' tlwm :t\'nilable for rcferem·e and rxamination. and open to p11hlil' inspC'etion at rrasonnhlc hours: to nmintnin, in eft'ect, n hurcnu of infonnution concerning the minC'rnl industril's of thC' l~hilippinc Islnmls; to make an annual report to the SC'crPtnr.v of the lutC"rior setting forth thC' important rl'sults of thl' work of tlw Rllr<'llll, snch spcei11I l'<'JlOl'ts as nm;-.· hC' cnllNl for by prnpC'r nuthorit~·. and sueh hulll'tins l'Ol1C'l'l'ning thr stntisti<'s nnd tC'chnolog,\' of the mining indushiC's. nncl of tlw J?C'ologi<'nl nnd minPrnlogical nml otllC'r ollil·C' nml fi1·hl work of thC' TI111·C'1rn. ns mny lw npJll'On>(\ b~­ the ('hi1•f of the Onr<'IHI and ordC'rC'd puhfo1hed by tlj(' ~C'<'rC'fary of tll<' Tnt.C'rior." In order that the work outlined uhove may he properly eurried ont there arc pro\'ided, by the act ahove noted, a permanent staff composed of a Chief of the Bureau, two geologists, and two field assistant;;, 11 t<'mponll')' service of "snch assistance from mining C'11g"illl'C'rs, experb. and practical min<'rs, or others, as the funds appropriated for the field work of the Bmcau shall warrant," and thC' C'll'riC'al fon·<' requirC'd. ThC' C'hief of the Bureau and the 1-'l'ologists "shall be graduutC's of recognized schools of mines or shall hnve rreeived clt>grees in mining~etnllurgy, or geology from l'l'pntnble uni\·crsities, or shall have· 11.lccessfully completC'cl work in such schools of mines or univC'rsitics equivalent in kind and nmount to that for which such dt>grl'C'S are given"; and the field assistants shall be sPlectcd hy standards equally high. The work nf tlw Bnrran being broad in its scope and the staff few in nnmllf'r it il'I C'Ssential thnt the prrsonnel he equipped as abO\'C' outlined. At the prcs{'nt time four of the five positions arc filled h~' school-of mines men with practical rxperiencc in mines and smrltf'rs. nddec\ to tcC'lmical trnining in the brst profossional schools, nm! the rPmnining position of g<'ologist it is hoped will in the nrar futnrc b<' similarly fillC'd. Thr Mining Bureau. as at present constituted and reorgnniU>d b:,• Act 916, is essentinlly a bureau to further the interests and dc\'C'lopml'nt of the mineral resources of the Philippines in t>YN~' prndiC'ahlC' wn,v, to 1uh•i:-:;e the Civil Government concerning mininjl'. lllC'tnllurgy. thr alliC'd industries. and geology in its various prncticul applicntions. nnd to eoOperate with o\hrr Government Rureans to thl' fnllC'st pol'lsible t>XtPnt in the enC'ourngement nnd de\•elopmcnt of thr grC'nt Intent nnturnl WC'nlth of the Philippine Islands. lnl'idC'ntall~· scit>ntifiC' work will be donr h~· the various mPmber;;\ of thC' Bnrrau .'<tnff in ,!!eolo,!!ical. petrographi<'. nnd pa.leontological rP,sC'nrch. but this will nlwa~·s hr suhordinntr to thf' work in the vnriouo;; subdivisions of rconomi<' geoloITT' for whil'h the Bureau ha;:. ilf'rn l'C'o1·gnnizE"d. nntl will llf' l.'ontingent upon the timf' and faC'ilitif's that cnn hC' ntili?.ed without injury to the work of more practical henrfit nnd immediate nPCd. OFFICIAL GAZETTE 335 The functions of the Bureau represent, therefore, those of a i-;tate mining hnreau in the United States rather more than those of the Federal Geological Survey, and it will be the chief aim of the Bureau to assist in the establishment aml mainteniince of a mineral industry in the!-te Ishrnds to the encl that the mineral wealth may he ,brought into active yield. 111 antidpntion of the present organization the Mining Bureirn has douc work of the nature above outlined during the past three y<'ars, allhough, as originally reestablished under the American occupnlion, h,v the order of the Military Governor, Gen. E. S. Otis, to Fir.-;t J ... ieut. Chas. H. Burritt, the most important work of the Bureirn uncll!r the late able chief and lawyer was the review and report upon the status of 8panh1h mining claims and the study, tnmslation, and interpretation of the Spanish mining law im•olved therein. The importance ancl magnitude of this work has never been ovcrestimatl'!d, and it was a source of wetl-deserved satisfaction to l\fr. Dmritt, upon his elevation to the bench, his handing (\own to his succe11sor, as Chief of the Mining Bureau, a completed work with respect to the 1-ipani:sh law and clnims. In addition to the aho"e important service remlemd, (I) of translating, editing, abstracting, and publishing the 8panish mining law complete, and (2) of reviewing and reporting upon mining claims pending u,2'ainst the United Stntes by virtue of the treaty of Paris, the Mining Bureau undrr Mr. Bmritt indexed and classified all records rc>ceived from the Spanish Inspeccilm de Minas, studied the mining situation with refer('nce to re('ommending legislation for the building up of an industry, advised the general public a.ml the Governnwnt concerning mining rights, translated a large amount of material from the Spanish, published the "Coal Measures of the Philippines," :md Bulletins Nos. I, 2, and 3, 1mbmittcd ten volumes of spccinl r~ports to the Militar~; and Civil Governors and the Recretary of the Interior, initiated field-survey work, and, upon the completion of the work for which the Bureau was originally reestablished, and upon the increasing demand for a reorganized Burcnu with present purpose and scope, advocated the passage of Act 915. "An act tmnsfening th<> administration of mining grants and claims institutfid prior to April eleventh, eighteen hundred ;me! ninety-nine, from the Mining Bureau to the Bmeau of Public Lands," nnd Act 916, "An act reorganizing the Mining Bureau and prcserihing the functions thereof," the substance of which latter act is ginn above. During the first four months of its reestablishment the Bureau consisted of its chief and the clerical force, and no provi.'lion existed for a teclinical or scientific branch. During .July, 1900, however, authority was obtained from the Military Governor for the appointment of a mining engineer, and on August I the present CliiC'f of the Bureau was selected for that position. This branch of the Bureau. technical and scientific, took charge of the departments of mineralogy, lithology, geology, assaying, field work, trans· hit.ion of technical papers, the extemiive collections of the Bureau, the preparation of maps and plans for publications, the obtaining of information concerning the mineral resources, and the prepara· tion in general for the future needs of the minPTal industries; and it wns this brnnch that by evolution and development became the reorganized Rureau of to-clay. Reports were made by the mining 1•ngiut>er to the Chi<'f of the Bureau upon various questions arising (luring the work, a large number of minerals, earths, coals, ores, and rocks were C'XaminC'd and reported upon for miners, prospectors, and oth<'rs, Bulletin No. I. "Platinum and thr Associated Rarr :\lrtal!! in Plncer Formation'!," was prepared and puhlished, as was also Rullc>tin No. 3, "Rrport on a GPO!ogical Reconnoissnnec of the Tron Region of Angnt.. Rulacnn," preliminar~· field work was rlon<' in Bulacan. Batangas, Culion, Busnnngn. Cnyo, Parngun, nnd Ralabac, a collpction of ores. minerals, and rocks was prrpar<'d for the Rt. T.ouis Exposition, and collections of minerals, ores. rocki<, mtnlogueii. hooks, nnd other reference nmterial wrrc hcgnn, for use not only in Bureau work but for 17212-3 the benefit also of miners, prospectors, and others to whom such material would not otherwise be available and whose needs the Bureau should constantly strive to serve. It is planned under the prespnt reorganization to prosecute field work as rapidly as possible in order that the mineral resources of the Islands may be reported upon without further delay; to take up statistical work in order that the records may be kept abreast of the infant but growing mineral industry; to prepare an<l publish reports nnd bulletins upon the subjects above as rapidly as opportunities permit; to increase the reference material of the Bureau, and to provide for the giving of information to visitors and correspondents in every practicable way; to do petrographic and paleontological work; and in general to encomage and assist in the uphuilding of a profitable mineral industry, with every service of the Bureau free to all. In connection with the above a field party, consisting of Mr. A .. J. Eveland, geologist, i\Ir. JI. Goodman nnd Mr. H. M. Ickis, field n.~sistants, and two temporary employees of the Bureau, is now in Lepanto doing a geological reconnoissnnce of the mineral rrsomces of the Provinces of Lepii.nto and Henguf't. The work will be us thoroughly performed as possible and an illustrated report will be prepared and submitted for approval and publication; this done, other fields will be investigated until all metalliferous deposits of importance and promise have been visited and reported upon. With the appointment of the second geologist the stratified deposits of economic value, particularly the coals, will he taken up and information obtained will be published as soon as practicable for the benefit of the large number of people of these Islands and ahroad who may be concerned. In the mC'antime the clays, limestones, and building stones are being investigated, the collections are increasing in amount and value, a technical library and a reading room containing technical period· icals ha\•e been established, communication has been opened with mining men, geologists. capitalists, publishers, manufacturers, State and Federal mining bureaus and geologicnl surveys all over the world for the purpose of bringing the Philippine mineral resources into the knowledge of those abroad; and the reorganized Bureau has entered upon its work, THE ~fINERAL INJJUSTRY. During the sixty :1enrs preceding the American occupation the Spanish Govermnf'nt, and particularly the Rpanish inspectors of mines. madr earnest ('fforts to develop the mineral resources of the Philippin<'s. Ev<'n earlier than this, in 1781, the Gm·ernment offered inducements to smf'\ters of iron in Bulacan in order to encourage the production of this metal for the ordnance depot of :'lfanila; und during the latter half of the nineteenth centur:v there WPre frequent ro,vul orders and decrees issued for the <'nl'OUragement and protection of n coal·mining industry in order that the fleets of Rpain might find fuel in these Islands for use in oriental wateri'!. Taxrs were waived upon both coal and iron mines, the Government engineers gave much time and skill to the development of mines of these metals. importation of Chinrsc lnbor was allowed for mining purposes. and capital was raisednnd expended. Notwithstanding these considerations, at the close of the Spanish r~gime, over tlir!'e hundred years nfter the conquerors first interested themseh-C'S in mining in these Islands, tl1!'J'c were but a half dozrn e\'c>n partially developed mines-con! mines in Cchu. gold minrs in the Camarines, and a copprr mine in I.epanto--as net results. The causf's of thrsf' dt"plorahle condition;; mar not he far to 5f'ek: ( l) The mining lrgislation was complrx. nf'ver fully undn· stood, and did not grant ahsoh1tf' titlrs to minf's: (2} somf' mining l'nterprises suffert>d for la"k of ('apitnl, som<' for lack of good judgmPnt and techni('a) skill. and many for laek of interest, rnf'rJ?Y. and persl'vernn('(>: (3) nrithrr lohor nor trnm1portation problems were ever sntisfnctoril~· settled: and ( 4) unsettled con336 OFFICIAL GAZETTE (litions, clue to brigandage and insurrection, have rendered prop· crty in the pmvinces insecure and development tliflicult and at constant risk. These conditions, while still apparent to a certain degree, are not now prohibitive of legitimate mining, and are less in evidence a;; time goes by. It mu:-;t be admitted that the present mining lcgblation, comprised within Acts 235 of the Congress of the Unikel States and (i24 of the Philippine Commission, is far superior to the complex Spanish law, in that (I) it leads to the grnnting of ab>;olnte title, instead of a mere concession; (2) it.8 processes arc simple and its language concise; and (3) it rncourages bona fide mining and tends to establish confidence in mines located and worked under the restrictions it provides. It is supel'ior to the Unitt>d States mining Jaws in that the uncertainties, litigation, and loss resulting from the so-called "apex system," grnnting extra-lateral rights, which has been fought hy the ablest writers upon mining law in the United States for twenty years, and which obtains, in the western mining States only as a result of purely local conditions, has been entirely omitted in the framing of mining legislation for the Philippines; and all mines owned and worked in the~e Islands under the present law may at least he free from the feature that has pmvcd most expensive and disastrous in litigation connected with mines in the United States. On the othel' hand, section 33 of Act 235 provides: "That no holder shall be entitled to hold in his, its, or their own name, or in the name of any other person, corporation, or association, more than one mineral claim upon the same vein or Ioele." Thi" most unfortunate section will naturally operale against tht> deVt>lopmcnt of any but the richest lodes. and in the Philippines, as in mining districts the world over, the bomwza8 arc few and the deposits of low-grade ores relatively large. In Lepanto and in Benguet, us well as in the Camarincs, l\lasbate, and Mindanao, there arc important deposits that should be worked upon a large ;;calc and which, under section 33, can never be worked at all. It is safe to say that under section 33 neither the famous Homestake nor the Alaska Treadwell mines would ever have been developed; and yet these ue among the greatest gold producers of the world. The ore of the Homestake mines in South Dakota ~lvcrages only $4, and that of the Alaska Tr('adwell only $2, to the ton; yet these mines, being able to handle immense bodies of ore, are among the>: best paying and soundest mines in the world. The form<'r requirl's 900 stamps with a monthly output of $375,000 of gold, and the latter employs 540 stamps, paying $130,000 a month. The low-grndc ore deposits in the Philippines are so extensive 11nd valuable that section 33 tends to operate as an obstacle to the development of the greater part of our metalliferous resourees. The Chief of the :\·lining Bureau, the Secretary of the Interior, and the Civil GO\·ernor h:.l\'c repeatedly advocated and ur~d th<> l'CJl(>lll of thi" unfortmmfr restriction in Act 235; and th<' st>ntiment of those intercstt>d in mininJ! in the Philippines is saf<'ly unanimous in fa\'OI' o[ such r<'peal. It i~ sincerely to be hoprd that. favorable netion hy Congress upon this important matter will not long be dela~·l'd. The development of the naturnl l'csources of the Philippine Islands mrans the developmrnt of the Filipinos themsrlves. It would seem to the best interests of the>: natives, as well as of the falancls at largr, to bring every natural resourc<' into n high state> of dev<'lopment and active yit>ld. This implies the nred of cnpitnl. nnd without sufficic'nt securit.'-' in number of claims for development capital will intC'rc"t itself in more promisinj!' fields than 1Ht> p1·ese>nte>d hert>. Without dt>vclopment thr grC>:Utt>st dangf'r srems to h<' that the resourers will remain idle rather than be f'Xploitc>cl at the r<'al expense of th<' natives themselves. Wh<'rc mininj!' rnterprises in thr Philippines have failed for lack of C'npital, good judginent, trelmical skill. interPst, energy, prr>;rvnnnC'<', labor, and tran>;portation, other business vcnture8 have suffered as well. It is not believed that any one of these essentials to mining development can fail us long. Capital is waiting for legitimate investment here, good judgment, technical skill, interest, energy, and perseverance can alwa;rs be had if properly sought, and with all the United States as a field for supply surely the mines need not wait long for men to manage them. The labor problem as applied to mining is by no means an insurmountable one; the Japanese are good inside miners, and the Visayans are reported excellent men in coal; and there seem" to be no reason why they should not always be obtained: the Tagalogs, Igorrotes, and Bicols are also reported to be fairly good quarrymen and outside men, and with able whit<' foremen should be able to furnish the bulk of the labor required. True, natives can not perform the amount of work of an equal number of white men in the mines, but this need not prevent their use. The great gold mines of India and of the Rand are worked with native labor-irnd among these are thirteen of the first twenty gold mines of the world. It should be borne in mind that there il'; no large class of natives in thPse Islands as yet that has been tried in mines, and it should be remembered that failure to succeed outside need not necessarily condemn labor underground. Condi· tions in mines are pretty much the same the world over, and labor that may be lazy, shifti<'SS, and unsatisfactory under the tropic sun may prove excellent in the cooler air of the mines. A Spanish mining supeTintendent is authority for the statement that he could secure sixty-five good Visayan miners in the city of Cebu to·day and begin the development of any coal mine in that j,.land; that with these men instructing Ta\V material he eould in time develop any reasonable number of miners required. He stated also that in mine timbering and in ot11er precautions for safety the Visayan was as good a miner as could be desired. Why should these commendations apply to the Visayan alone? It is suggested that however unsatisfactory native labor may be no1c, a mining clnss can be developed under proper guidance and within a reasonable time. There seems to be nothing to prevent the importations of .Japanese miners, as the Mining Bureau, l1aving shown to the Collector of Customs that a miner is a skilled lalmrcr, the Collector has rendered n decision to the effect that miners, other than Chinese, may he imported under the law. It is bclie,·ed that u supply of mine labor can be developed under competent American or European foremen, or imported under the law, sufficient to work the mines of the Philippines. The transportation problem is being rapidly solved. Vast sums of money arc being expended annually b~· the insular and provin· cial governments in the all-important construction of bridges and roads; trails are being opened up and improved. rnilroad extension has already begun, and more is promised, with every indication of success. Conditions so discouragfog a few years ago are improving so rapidly that it is not thought sel'iou!' difficulty in transportation wil1 much longer present itself. Unsettled conditions due to brigandage and insurrection are no longer such as to delay the development of mines for twenty· four hours. The armed and organized insurrection against the United States has been effeetually, and it is believed forever, sup· pressed; and the sporadic ladronism existing among wandering nmlcontents, and carabao thieves, far from preventing the development of mines, is not of sufficient importance to pr<'vent. prospectors or miners from workinj!' in any mining district in the Philippines. The history of mining has evrr been the histor~· of ow•reomin,!! obstacle:i to sncct>ss. With eapitnl the mineral deposits of tlu'! Philippines can be developed, and. it is confidently bt>lievt>d, can he made to pny. With the repeat of Sl'Ction 3:\ of Act. 235, with a continuation of lhe present improvement of conditions important to mining aml to all other interrsts of the Tsl!tnds alike, and with tl1(' in<'rt>a;;:ed development of mining already begun, it is be1ieved that capital can readily be obtained. OFFICIAL GAZETTE 337 Four years ago there were in the Philippines perhaps a dozen partially den-loped mines suspended by reason of war; there was no production 1rnd no mining law. Active and har1ly American and foreign prospectors, many of them mining men from the Western camps, were penetrating the hills all over the Islands, however, oft.en for in ach•irnce of the troops. During the continuance of the insurrection old mines wl'l"t' not started up :md until a mining law wns givC'n the Phil ippinC's Jl<'W rlaims possessed no legal rights. Two year;; ago the imn1rrcction was declurcd at an end, and a mining law for the Islands wus CJutcted by the Congress of the l'nit.rd Htat1•s. Although the mines whose C'oncession" <lated back to thP 8punish rC>g-ime 1litl not then resume work, extensivr prrpnrntions lmvr bt>1•11 making sincr by the owners of some of tht'lll for repairing the timbering, pumping out the accumulated watN, arul l'eopening thrir mines. In most of thrse cases the difficultil's haw l)('('ll mainly in reorganizing tht• companies aftrr thr disturbed conditions of war 1md in obtaining the cnpifal necrssal'y to propt>rly carry on the work. At this time Act 235 of the Congress of tlu• United States, "An nc•t t1•mpornrily to provide for a ci\·il governnwnt in thC' Philippine Islands, and for other purposr:-;," bt'c1\me law and furnishrd the mining legislation at present in foree. The Philippine Commission enacted rC'gulations for loC'ating and recording claims, and prospectors proceeded to seem·e thf'ii' rights. To-day a vast amount of prospecting hag be1•11 done in Tienguet, Bontor. Lepanto, Abrn, Caga~·an, Z:nmh:lll's, Bulacan, Rizal, Lngurnl. T1lyabas. thr Camurines, Albay. ;\lasbatl', Cebu, Panay, and '.\lindnnao. and undN Act 235 prolutbl~· brh1·1>en 500 and GOO (']aims havl' beC'n rC'gulal'iy loeate1l and l'C'corded; over :150 elaims ha1·r iil'l'n r'eC'onll'd in Bf'nguet alonf'. Assl'ssment and dev<'lopmt-nt 11·ork hn;: p1·oc1•edl'd steadily upon mo,;t of thl'Se claims, the l'f'turns from many of them nrl' fa\•ornhlf'. and thf'ir prospect.-; apparently bright. In 8panish days th<• native,.; confined llll'ir mining and metallurgicul appnrntu;;. to tlw pick, hannnrr, batea, cocoanut shell. a rrC'tangula1· washing tl'ough of hark, small crucibles for the snll'lting of rich eonrentrntl'.-, and furnaces for the smelting of hon. Thr Spanish and foreign mine operators utili1.ed buckets and whims for hoisting apparatus, small pumps, arrastras, dredgNS, and other elementar_.,· washing and concentrnting methods. To·da~· American miners are operating sluice boxes in placer d<'pn.~its; tlwre is one three-stamp mill operating at a profit in Bcnguet, art'Ol'ding to latest information, and other stamp mills arr in prospect; an $80,000 dredger has been recommended by a competrnt engin<•l'r for use in the :l\Iasbate gold gravels; minns arl' rapidl~· reaching that stage in dC'velopment work which ea.11.'I for hoisting crushing. amalgamating, and conCf'ntrating mal'hinery; and the g•meral outlook is hopeful indeed. The Gil Brotliers are developing a coal minl' 011 the Island of Bataan in five seams. ea<:h 1 meter thick, of a good black lignite, lvith n force of Spanish and Japanese miners, 1111d the repo1·t of the Japanese Pnginrrr who examined the "Bilbao" mine, npon which work i.-> now being done. l'stimates thnt when fully O)l('llecl up this minr should bl' able to prodncl' 1,000 tons of 1·oal Jll'I' clay. In Bataan lsla.nd also. on the southwestern peninsullt reserved for military purposrs, Lieut. IL L. \Yigmore, ('orp.'1 of Engineers, Cnitl'd 8tates ..\rm~', as.<>istC'd by Mr. Oscar Halvorsen and a detail of ml'n, is prosecuting a tl1orough rxamination of the coal deposits by means of the diamond drill. TIH• coal thPrr is of t>xcelll'nt reputation and suitable for stcamrr usf'. Rric•k and pottery is being made by the natives in a largl' number of pl'ovinces, lim<>stone is burned for limr. and ro<'k for building and other purposes is quarried and sold. A minf'ral paint factory is doing an excellent business in paints madl' exclusively from Philippine earths. and plan!! arr now on foot for a reorganization of this company with largely increased capital for the extension of its trade. 'fllE :MINERAL RESOURCES. Uf the minernl resources of the l'hilippines something has been learned, but. a far greater knowledge is yet to be obtained. No great mines have yet been developed for reasons heretofore disCUS!:ied, and it i!:i dilllcult at the present time to report upon the extent or value of any field. Notwithstanding the great heat during much of the day, the heavy tropic undergrowth, and the great depth of saprolite and soil, the difficulty of transportation and supply, the scitrcity of capital, and other obstacles that have hitherto beset the pa.th of the prospector, this daring and hudy pioneer has penetrated in these Islands where white men had neve1· before gone, has overcome difficulties seemingly insur· mountable, and has brought back valuable, and in many cases hopeful, news from nearly every island and province of the Philippines. He trnly drserves success. A number of prospectors have lost their lives in their work here, some have lost their health, and it fC'W have lost hope. It is worth note, however, that of the large number of prospectors and miners interviewed, section 3:J of Act. 235 has been the chief complaint. They are as a whole exlremely hopeful for mining in these Islands and they express greu.t faith in the final outcome. Several of them, men of rxperiencc in other countl'il's, have reported the Philippines the most promising mining field that they have ever seen. From intel'views with prospectors, miners, and mining engineers who h1L\°e vi,.ited the mining districts, from authorities translated and studied, from the assay returns of the Bureau of Governnwnt Laborntories, and from the field work of this Bureau, the following genC'ml and popular nccount has been prepared. A morr complrtf' paper is held for datn now being obtained: Gold.-Thi!:i metal has been found in almost every island of importancr of the group. It has been worked by natives in placers and in stringers from time immemorial and the total production of the Islands must have been considcmble indeed, although no reliable statistics have e\·er been kept. The manager of one of the locitl banks is authority for the statement that at one time n great deal of nugget and other alluvial gold was received at the bank. l\lr. Richard von Dmsche, a German geologist who has done some field work in the Islands and has published important papers upon Philippine geology, states that at the time of his visit to l\fambulao and Paracale (Ca marines Province), pwrr were O\'CI' 700 nutives working the placer deposits for gold. It wa;, estimated by a Spanish governor of l\fanila of the seven· teenth century that the annual output of gold from the Camuines Norte was about $200,000. This seems well within possibility and is an indication of what was yielded to na.tive methods. The natives in no part of the Islands have been able to dredge or sluice, nor have they prnetratrcl more than 50 or 100 feet into the rock at any plaee. Abella stall's in his "Ligcra Reseiia de In l\Iinern de las Islas l<,ilipinas" that from 3.000 to 4,000 pesos worth of gold was taken annually from the streams in the mountains of Bulncnn nenr Santa l\laria de Pandi. This statement has not appearC'd elsewhere to the knowledge of this Bureau and it is not known upon what information it is based. It is believed, however, that a great deal of placer gold has been obtained in the past by natives of Bulacan. It has been estimated by Centeno (1876) that the placer output of the Misamis and Pigtao fields in northern f.Hndanao has been, in the h:mds of natives, about $27 ,000 per annum; and Mr. \Villiam Asburner, an AmC'riean mining engineer, states that he was informed that $20.000 worth of goHI had been taken by natives from the placer fields of 8urigao, in northern :Mindanao, in 1882. No figures n1·l' yet available from Henguet or Lepanto, but n prominent mining engineer recently stated that during his visit last year in Benguet two American miners obtained 20 pounds of gold from 338 OFFICIAL GAZETTE rich stringers in seven days. lt is known that some of these stringers worked by the natives have been enormom;ly rich. The greater number of the richer placer.-; readily· accessible to man ha\•e probably been pretty thoroughlr worked over from the surfuC'e, but it is known that the natives, and Spnniard also, have seldom gone to bed rock. lt'rom the Pigholugan region, in northern .Mindanao, Mr. ,J. Clayton Nichob, an American mining 1•11gineer, stutes that he was informed that $4,000 was taken from one hole and $2,500 from another. In the northern part of Masbate, near Aroroy, three American mining companie!:i have recently staked out and recorded a hll'ge number of placer and lode claims, and work is going on upon these at the present time. lt is understood that an American ronsulting engineel' who has l'ecently visited and reported upon this field was mo:;t favorably impl'essed with the outlook for mining the nlluviul gold in that region. A number of placer claims have also recently been staked aml rN•ortlt>cl by Americ:ms in the head water:; of the Sun .Muteo Hiver, in B.izal, tht> lowest assny return from many snmples of gravel from which lun•ing bet>n 4fl cents nnd the highest $11 to the cubic yard, In the Pigtao region of northern Miradanao Mr. Nichols rs· timatt>s the value of the gravels to be from 15 to 215 cents to the {'UbiC' ~·ard in such quantity as lo suggest the careful study of that field with respect to the use of the steam dredge. In addition to the districts nwntioned above, gold has been workPd to a grc>ater or less extent by the nath•es in Fidelisun, Bontor Pro\·inl'f'; 8u~·nc, Dugan, and Tulmc, Lepanto Province; Al·upan, T:lhio. l'apunga, uml ltognn, Henguf't Province; (h\pan :11111 Pf'iiarnuda, );'urva Ecija Province; the Islands of Polillo and ( 'abindnanPs, Labo, Capalongan, and 1\la<'ulnbo, in the Canmri1ws; Atimonan. in Ta~·nhas; and in Cebu, Panny, 8amar, nm! Panaon. Thr gold from Brngurt, l.Rptmlo, Surigao, and Misamis lms been found lal'gPly in small seams OI' string<~rs in quartz, althongh what ;\l'e brliPved to be tnw vrins havr been rrportecl from all of these t\istrids san• the Ja,.,t. The most promising V('ins from .:\litmhulao and Pantcal('. somf' of which are from 2 to (j inehes wi<le, hut rirh, arr reportf'd lo IK' cont.wt \·eins hetwf'Cu gneiss and clioritc•. Thr hrst-defiiwcl veins nppPar to hr Pntirrlr in thr older e1·ystalli11<' rorks, tlm..;e of the {'anmrinrs and :\lasbatP notably so. Assay n1lurs of many ,-eins snmplrd throughout the Islands hy pro,;prrtors and minns \'lll"Y brtwc•t•n a few <'t>nts to severnl hundrf'tl dollars to the ton. As it is not known by what method the samples wrre takt•n a table of as;;ay 1·rturns is not presented hrrl'. Ruttier it to statt> lhut from prr,.,ent knowledge there are wf'll-clPfined vrins of sulticient width um! assn_}' valur so far as ..;ampled in I..rpanto, Benguet. the Camuritws, and )fasbatf', to justify f'Xtf'nsi\'f' dr\•r\opmrnt work, and thut such work is now in p1·0.~pe<'t or pPrformance upon elnims in thrse districts. Thr aho\'I' notps apply to placrr or free·milling gold. There an• vast ck·posits of low-;!rntk', frrr-milling aml partially or wholly rC'fmt'tor,\' on•;; in Lrpanlo and Bengtwt. that ha\'e not yet l'f'<'<'ivcd the in\'cstigation th1•y dl'~rl'\'r. Minl'rs ancl prospe<'t01·.-; have devotC'<l their l'IH'rgiPs during the past four ,\'Pars rntirely lo the most promising fields so far fouml. It. is b<>lieved, from prcsrnt information. tlmt til(>!'e is a future for l1ydrn11lic and dredger a\111\'ial mining in tlw Camarines, in )fnshnte, and in .:\lindanao, and for vein mining in Lrpanto, Bf'ngm•t, thr C11mari1w:<, .:\lasbatf', ancl i\Hndanao. Later and morr detailed informationn mu;;t nN·Pssarily dC'pend upon deVt>lopnwnt work now in progrf'ss ancl it is hoped that futnrP work will rxtend rntlwr thnn dimini,;h the list givrn above. The majority of Philippinr gohl orrs now being worked are c·1·ushing am! anmlgamating orr,;; a few must b<' smeltrd; am( r~·anirle p\nnts will probably be erected for many of thr works. Associatrd with tlw gold in sonw of thr Camnrinl'S 01·rs are the sulphides of il'On an<l copper in the form of pyrites, zinc in sphalcrite, an<l crocoite, the chromate of lead. Gold is also found associated with the sulphides, arsenides, aml antimonides of copper in the mines of the Lepanto district of Mancayan. Copper.-This metal has been l'eportcd from the Islands of Luzon, Mindoro, l\fosbate, l'anay, and Mindanao, but the only important deposits so far known are those of the famous district of .Mancayan, Lepanto Province, in norlhcm Luzon. The report of copper in the lsland of llalabac, the l'arugua group, could not be verified by the mining engineer of this Bureau in a recent visit by him to that island; and Abella could find evidence of no valuable eoppH lleposits among those reported from Panay. 8amples of native copper, said to have been brought from .Masbate, have been shown to the present Chief of the Bureau but no information of va.lue was obtaine1l h'om the prospector exhibiting them. The eopper deposits so far known in Mindoro ue. all of coppel' pyrites, apparently of limited f'xtent; ancl of the Ol'<'S l'rported from 1\Iindnnao nothing is known. '!'here are \'l~ins of chnleopyrite in the Camarincs and in Bontoe, but they have not been prospected or developed and data concerning them is not available at the present timr. The important deposits of Lepanto are at Suyuc, Agbao, Bumuncnn, and .Mancayan, all within a few mile!i of each other in tlw southern pal't of the province. Tlwse veins, from :I to 20 fept thick, carrying the sulphides, nrsenides, and antimonides of <'Opper, together with enargitc, ancl its \'ariety first identified here, luzonite, lie in a great dike that can be tl'aeed for many miles through the country reek, .l<'rom samples obtained in tlw breasts of old workings at .i\lancayan it has bet>u estimated that the ores a\•erage )(i per cent in copper, with a gangne of quartz. Then~ i,., a vast amount of this ore in sight and it is belirved thrit in quantity nnd quality of coppf'r Mancayan is Ollf' of the most important and promising of the minrrnl assets of the Philippine.i. The deposits have bePn prospectc•d, staked, and recorded, and tlw ownf'rs of claims nl'e ;;nngui1w of succc>es, \Yith prnp('l' trnnsportation, management of the milw . ..;, and trPatment of the ores, tht>l'e seems uo reason from pre,.,ent knowledge why M:mcayan shonld not become a Jlourishing copper camp. The working am\ smelting of the orrs of Mancnyan were carried on by the lgorrotes of Lepanto bC'forr thl.' 8panish ronquest. The metallurgical treatment was so ingl.'nious, complicatt>d, and rffective that it unquestionably point;; bark to nu older c•ontad with civilization, probably with tht> Chinese from the nol'th. Tht> mining of course has been most av11ricio1rn and the old workings will require thornugh timbering before modern methods of exploitation ran be employed. Of th<' many intnesting fratm·P.~ of thf' Jgonotes metallurgy and of thP first Spanish invasion of .:\fanca~·1rn nothing will be given here save that the nativt>s made such f'xcelfont implements and utensil." of copper, exporting them to the extent of 200 tons annually, that thr attention of the Spanish was attrncted; and that aftrr an im·asion with an anne1l fol'f'C' as an escort, amicahlf' arrnngements werr finally made between the Cnntabro-Filipino :\lining L'ompan~· and the lgorroles by whil-h mines were oprnrd nnd worked under tlw distinguished 8pnnish Inspector of :\'lines, ,Jose Mnrin Hanto,;, and that from two minrs for the t1•n years following l8fi4 abont I.JOO tons of copper were annual])' producrd. Upon the death of 8antos, who made 11 success of the Maneayan, mining was .<1topped. Surely thrse grPat depo.<;its enn be made successful again. lt is ho11ed that as a result of field work now in progres.~ in Lepanto b~· 11 part~· from this B11re1111 11 fairly complf't(' bulletin upon this intrresting subject may soon be in press. f,ead.-But littlP is known of lead clrposits in the Islands and thrr1• is reason to believe that their distribution is not wide. CrocitP, the <'hromatt> of lead, orC"urs with gold orrs in the Camarines, but it has not so far bern found of economic importance. GalPna. tht> sulphidr and commou ore of lead, luu1 hren found in OFFICIAL GAZETTE 339 Bontoc, the Ca.marines, Mariuclnque, and Cebu. The ore from Torrijos, l\Jarincluqu<', has hC'en reported to give the following ~1 n~n1ge as~myPercent. Lead--------------------------------------------------------------------- f'6.5& Silver____________________________ -------------------------- .0096 GolrL.................................. -------------------- .0006 But no detnil<'d account of tlw dPposit is at lmnd. 'l'he galenas from Acsuhing and Panopoy are reported by Abella: as lying within true Stockwerks. Their C'ontent of metal as given by assays arr, according to Mr. Abella: Percent. Lead--------------------------------------------·------------------------- 4i Silver__________________________________________________ .031 Gold.______________________________________________________ .002 These assnys would nppeur to haw been of specimcn:-J rniher than of true s111nplPs of the ores. Silver.-Silver ores have not yel been discovered in the Philippines. The silver occurring hen• is in 1ngentifrrous galena or alloyed with the gold. Plati11um.-The "Mining Bureau is now inve.<>tigating an oeeurrPnee of native platinum in the gold·gnwel deposits of Rizal. From presrnt infonnation platinum and ns;;oeiated rare metals do not s('elll to be of suflicient umount in these sands to be of N'onomic importnnce; hut the identilicution of platinum in the Philippines, after many reports of its occurrence hitherto uncontirme1l, may leud to renewed se1nch in similar field.<>. Zillc.-This metal has so far bwn found only us sphalerite in unimportant. anc\ unwelcome mnount in a few of the gold veins of tht- northem CamarinPs. './'i11.-Tin has not ,\·et bc>en diseonrrd in the Philippines. A deposit.of r.tream tin was 1·pportrd at .Alfonso Xlll, on the west eonst, b,\· the nativ«s of thr rast eoa.<>t of l'.trngnu, but opportunity has not ~·et bet•n offered for a wrifieation of this report. As the ).foros of sontllf'rn Parn.gua are affiliated with thf'ir .Mohammedan hrothPrs of Bornro and thf' Strait.<;, and us the natives of the Str11its Ill'<' familiar with cassiterite und stre11111 tin there is a h:nr possibility of likelihood in the report. .llu11r1<rnese.-A large <lPposit of rich mangm1Psc oi·r ha>1 recPntly he1•11 found upon the Island of i\Juslmt<'. hut at thr Jll'f'.'ient time no •lf'tails of its occunence are at hnml. /ro11.-lmportant df'po:o.its of magnrtite nnd hematite arP found in Ahr:t Province, in San ).liguel and Angnt, in Boso-hoso, Rizal, and in the Camarinrs. The drposits of Bulacan are PXtf'nsi\'p aml (·an he readily workl'd. Several of the orPs arr suitahll' for the m:mufncture of Bessemer steel and one of the .\ngnt Ol'l'S is not· ahll' in that it contains cobalt in uppreeiab]p amount. The natives of Ran Miguel and Angat hav<' workNl these ores in small <'harcoal furnaces for ovn a century and have established a good reputation and trade for thr plowshares they proclnce. Following are somC> analyses by tilt' Rureau of GoVC>l'nment Lah· oratorier;; of sumpl"'s of Bulacan ores l"l'Cf'lltl,\' tak('n h,v thr ).lining Rureau: 1~ ~~j!Jt~:~~j! H~O --------------------------------------- I • l .1 .3 8102 ----------------------------------- 2.2 2.2 3.ll ~!8~:::: ::::::::::::::::::::::::::::: __ :-:::I Trac.cs : } ~~:~~: Tot.al ____________________________ ------1--1-00-l------ioo.JI __ _ The ores of llulucan will undoubtedly furnish excellent charcoal pig iron. Vast quantities of limestone for flux are available in the immediate vicinity of the ore beds, water transportation can he had upon the Rio Grande de Pa.mpanga and the Angat River, uml a branch of the .Manila and Dagupan Hnilway through t'.'.ian !\liguel and within 1.en miles of the mines will :;o.oon be built and in oprration. The charcoal can be had of su!licient quality and amount hut not at present at a sutisfactory price. lt is hoped that the Forestry regulations will he so amended as to materially l"l'dlll•1• the cost of this importnnt fuel. Further information com·erning the iron-ore deposits of Bnla<•1111 be found in Bulletin No. :J of this Bun•irn, ';A Report on a Urological Hee'onnoissance of the lron Region of Angat, Bulacan." .l/crc11r.11.-'l'his valuable metal has frequently been reported from various localities in thr Camarines and in Panny, but in almost evl'ry cast• its occmTC'llCI' ha:-J been disproved. On Mount lsarog. in th<' prnvi1we of the Caumrines, however, there is every n•11son to bt•lit•ve thnt eimmhur nnd native mercury have been fouud. .-l11ti111011,1J.··-Sprcime11s of the sulphide of antimony, stibnite, \n>r1• found in small quantities in n. nipa house on the south slope of i\lount i\lnquiling in Hutangas, by Capt. F. V. Krng, of the 'l\n•nticth Jnfunl1·.r, during the J\lulvnr campaign. 'l'he native showing this to Cnptain Krng told him that he could lead him to a 1l1•posil of the nwtal in the ,·icinit,y. This is the only infonua· tion now at hand rxcf'pting that the sample brought by Captidn Krnl-( to th<' ;\lining Bnl'ran was a group of chamcteristic crystal!'! of pure stibnit<'. 00fll.-'l'he most important of the mineral resources of the Philippin<'s is probnbly the best grnde of lignite co;11. This is of Tertiary age and similar in nil most important resp<'cts to that of \\'yoming, Wnshington, and .Jitpnn. 'l'he best coal is free from sulphur, arnl rPlativPl~· low in moisture and ash. It is known in thC' lsla11tl of Batnn, .J\lbay Proviner, in Bulalaci10, aml Semarara, southern ).fimloro, in Danao and l'ompostela, Cebu, on the Gulf of Silmg1wy, in southPastern ;\linda11:10, at l'olatl'a\'1\, Negros, and at Bislig, in rastern Mindanao. Rome of the coal of Abra, Rizal, and rastern Nt•gros is also believrtl to be suitable for use in steamships anti in stationary funhtces now burning Japanese and Australian coal. A tlivision must he made between the jet bln<'k, l'Omparatively hard coals, prohnhly of )<;ocene age, nnd the brown woocl c·oals mu<'h soft<>r and mon• friable, of later age, and in large part not suibble for transportation. Both coals <'Ontain pyrites in some seams or portions of seams, but the black coal can. in most cases, llf' mined free from sulphur in this objectionable fol'm. The brnwn coals are not of sufficient value compared with the oldf'r coeds to justify the rxpense of working at the present timP. The best hlitck conls are strong enough for transportation, eun !)(' mined at reasonable cost, and prl'snmably at a good prolit, and should V<'rf largely tnke the placr of imported coals in the l'hilippim>.o;. Thrir fuel value is from two-thirds to three· fonrths that of the best Welsh coal. Wl'Y little short of that of thr Austrnlian, and equal to that of many of the Borneo and Japan coals, which they strongly resemble. Thr thickness of the seams of lhe black coal varies from a few ilwlws to eighteen feet. A ver,\' large number of the best seams Ill'<' from 3 to 5 fret thick. 1'hey lie with variable dip from 0° to neal"ly !)0°, and in some fields the beds ue irregular, twisted, and fnnlted. Careful and thorough prospecting with drills, such as is being carried on by Lieutenant Wigmore in Uatun, should precede extensive development in most of the fields of the Philippines. Rullicient mining has alrend,v been done in the fJnnao nnd Com· posteln conl fiPlds of Cebu to demonstrate the value of the de· po.<;its there. It is hoped that n largr. important, and profitable industry awaits the collil'r,\' companies of the Philippines. 340 OFFICIAL GAZETTE .For more detailed information, including maps and tables of analyses, rf'ference is suggested to the "Coal 1\foasures of tlu> Philippines," prepared by the Hon, C. H. Burritt, late Chief of the Bureau, and published in Washington for the Mining Bureau. For convl'niem•t> the following table of loculities, wheH' C'oal of variou,; gratlrs has bt>en found, is appended herewith: Vi<>inityof- Province. \'irinity ofI l'rovince. ---.--------1----1\~~:l~:::::::::::::::I ~t~~·an. I! Bulalti.cll.o ------------- Mindo1-o. ·:~,·.',l,n?,1~~-i:~~~:,n:r::::::_:::::::::::::: __ -_-_-_::'I Y~'':,'n.!.~···1'.tan_ 'I; ::!~~:~~:::::::::::::: cap~:: Taw:~1ran _____________ 1 •. Do. '1: !L;:ufr,1!,;n1f_,=_.;_:_-~_:_-;_;_:_~=_:;_; __ ;;_;_;_-_;il. ~~~;Do:,._· !~l~~an·::::::::::::::! Tay~bP.s. I Al•b•<------------------1 Do. I Don" -----------------1 C•bu. ~c~.~.r.i.~-~n~•i•jn\_·_·_•-·-··-·-··-··-··-•---·-·--!I :Mi.:.i·_· / 1~ = + '"'""::====-~:·~··~ 1 1 i~tD-I~=~--m== ii __ A largP nnd C'Olltinued denumd for l'Oal is asHUrPd in Philip· pin<' wntl'l'.'1, and it wou!tl sel'm thnt thes1• hlunds ar<' gcogrnphic·ally ;;ituat<"d f;n·ornbly to the furnishing of eoal to JHl't't the l'llOl'lllOU;; di-mand of Hongkong and other nPalr-h,y pol'ts. ,\'1dpl111r.-Hulphm· OC'c·m·s in limitf'd amount in th<' Island of Bilir:m. ProvinC'e of Le)'te, und has bet>n workt>d tlwrl' on a small sca\p h)· natives for many ycur.... No dPposits of \'a\uc and importnncP arl' at present known. l'elroleum.-Petrolf'nm ha;.:. lwPn found in 'l'a)·alms Provincl', whne it is understood some dC'velopment is now going on, aml at Tolt.>clo, Asturias, and Alrgrfa, on the west coast of Cf'bu. A WC'll was operated for a short time in Toledo, but sinC'c the war work haH not \wpn rt?sumed. Therl' muy he il future for the petroleum industi·)' in the Philippines; and although but little is known of the vahl<' and amount of this important fuel at the prl'.'«'nt time mueh intPrl'St of late has bl'('n shown in its exploitation nm\ it is hopt>d that hPfore long reports of \'alne can b1• made. Na/f.-There is !'Cason to bt•lie\'e tlrnt large beds of roek salt oc•cur, without outcrops disco\·e1'l'll us yet, in tlw mountains of northwest Nueva \'izca)'n. 8treams gushing out from thf' hillside at Dapol are so hea\"il,v dmrg<'d with brinf' that the nativC's by solar t>rnporation ohtain important quantities of \'ery pul'e salt. <iyp.wm.-Tlw sulphate of limr in the form of crystalline g:rp· sum am\ gypsum earth i..;; found in Rizal. Laguna, and othn JH"O\'• inces of tlw Islands. )iltwh of thiH might be calcined for the produC'tion of .. laml plaster" und plaster of puris, but none of it sl'f'ms to he so used. The nati\·es work the hPds of white gypsum <'arth . ..; for use in whitewashing, and so far us dt>\'e\oped this bnf>i· nes<; pays \'ery Wl'li. /,imrstrme.-Large and importllnt dPposits of limestone ar<' found thrnnghout the Islands. In mirn~· prm·inceH the roek is 1p1arril'd and ealcinl'd, produC'ing PXl'l'llPnt lime that brings a ver~· goocl pricl'. A Cl'('RJll·colored limPf>tone of Bulacan !'>eems well adapt('d to thf' making of h~·clrnu\iC' cement, and a df'posit of similar ro<'k has nhead)' hePn locate<\ amt reMrded in Rizal Pro\'inC'e with this industry in viPw, •An analyf>is madC' in the laborntories of Rtanfonl l"niver.~it~· shows this rock to bC' a natural C'emPnt. This importnnt :11111 pl'ofitable use of Philippine lim<'ston<> is now oceup~·ing the attention of the Mining Bureau and the Bureau of Govern· ment Laboratories. Marble, or crystalline limestone, occurs in the Islands of Rom· hlon and :Mindoro, nnd probably elsewhere in the group. This is a grny-bluf' mottlC'd marhll' and much of it seems very suitablf' for decorative Usl'. r1a.1/.9.-White clays, or kaolin. have been found in the· Provinl'<'s of Abm. Canmriues, Ilocos Norte, Antique, Benguet, Cagayan, Isabela, Laguna, .Marinduqu<>, 1'.fosbate, Pampanga, Pnngasinan, A.Iha~·, Romblon, and Zambales. The suitability of these for the mnnufactur<> of porc<>lain 1md china is now bC'ing investigatecl. RC'd clap;, from which natives muke large amounts of potter~· for loC'al use, are found in almost rvery province in the Islands. The statistiC's nnd technology of this important industry are under inwstigation at the present time. Fire C'lay has lwen found in th<> coal beds and will 'probably afford a prnfitable industry in the future. Red bricks 11l'e tmule in lnrge quantities in Bulacan, Capiz, Rbml, Ilocos ~forte, lsahela, i\larinduque, Masbate, and Pampanga. /11tildi11y sto1w.-1'lu• Philippine resolll'cf's in stone for building nml other constl'uction work, and road mrtal, are almost unlimitrd. Among tht> hard, crystalline rock.<i, capable of standing hf'a\',\' Jll'essm·P, of rpr.iisting weathC'l'ing, and of taking a high polish, should lw mentio1wd the fine gray diorites of the Cor· <iillrrn. found in almost every pl'O\"ince upon t\l(' westrrn slopes of the rnngf', and in Parngna, the gruy tonalites, or quartz diorit<>H of Tinnwm and Colasi, Panny, equal to many of the best ,!!rnllitl's, am! a rnck, apparently a true syenite, or hornblendp granite, rel'Pntl~· founcl in )laHbnte. Augite ande;.:.ite is now bl'!ing 1•xt1•n . ..;iwly qunrril'd b)· the AtlantiC', Gulf and Pacifi<' Compnny at :\lari\•l'll's, for the works of the improvement of the port, and a rnkanic tuff, soft whrn quanied but hardening rapidly upon Pxposurr. is qm11TiNl in large amount and at good profit '°t Mey· C"anynn, BulaC"nn, and Guadalupe. Rizal, arnl <>lsPwhere for build· ing ston('. ThiR rod..: hus hPPn usl'd in C'normous quantity in tht> C'Oll>'tl'llC'tion of ehurches and othn building>1 in the- Philippines, and in till' wul\;; and fortrf'sses of l\laniln. Crushf'd nndPsite hns hrl'n l'XtPnsi\'l•ly used m street work in Manila and has made l'XC'<'ll1•11t road nwtnl. A large variety of the nM-volcanic rocks ha\'r 1)('('11 used, in nddition to gra\'cl, for similar purpo . .;;es by t)I(> )ll"O\'ill<'i1ll SllJ)('r\'isors in the eonstruC'tion of roads. (,'11a110.-A numhn of important deposits of bat guano ha\'I'! hl'Pn disl'O\'f'l"l'd throughout the Islands. largf'I)' in the extensi\•c limPstonl' C"aVP.s. Some of these lmvl' \)('pn locntPd n'nd rf'corded, hut it is not known to what extent they ha\•e lwrn Worked. rt is prohahll' that the.v nre nil of limited nmount. l'r('cious sto11('s,-\\'ith tht> exePption of opal, reported from ninangonan in Rizal, nm! some very small rubif's, rPportPd in the h!C'ad watf'l's of streams flo.wing into the ocean near Mambulao and PnrnC'alt?, no minl'l'nls have ~'et been identified as pl'C't'iou!'> stones. Co11chtsio11.-From the above brief r~sum~ it will probably be gnthered that, although some of thC' coinmon mrtal" arr· ,absent. or not yet discovered. in the Philippines, therl' renmi~ sufficiPnt mineral l'esources to form the basis of an important iritlustr)'. The stage at presPnt is that of investigation and dPvelopmeilt; it is hoped, however. that we ... hall rnpidly approaC"h thl' period of production. A welcome fpnture oJ' the present interPst in thf' Philippine mining is the increasing attPntion being given to the mineral J'f'sourees by the natives of the Island . ._, Their intnt>sts are thosp of all; with thf'ir hearty eo1iperntion it is hope<\ that the lnhor reqnirl'd may be more mpidly secured, that the}' will realize thP eommon hPnefit of all mining nctivity. and that the)' muy in time point with pridl' to thr work and worth of Philippinf' mines. OFFICIAL GAZETTE 341 BUREAU OF THE INSULAR TREASURER. Banco Espanol-F'ilipin<>:-Balance sheet for th£ month of March, 1904. _ _ _ _ _ _ _ _ _ ae.~ourccs. -·----i Llabilitles. :::~~~~:~~~;,~~:~'"''~·'"':'"'.'~~~-,~:,: r~:&ll~ ! Pm,MLOO i ~~~~~~:?~;::_:~::;::~;::;;;;:;;::::;::;;;-~~:~~~-\ "'·::::: Locnr currency____________________ 133,41'16.21 I I Pbilifpine currency___________ "2,310.00 I Lmrns (papers acknowledged notary public), local 583' 978.r,o j Loca currency________________ 97' ' 00· 51 100,010 .. 'il •currency----------------------------------------- 110,271.10 I I NccessaryLoa~~~f~~l~::~~~~~~:~::::::::: ~; ~: ~ f!~f~~r~ec.;:l~~~~~:::::::::::: 19, ~: ~ S.'i2,90S.26 Time- - - - 19•260·00 Loans secured by merchandise- Philippine currency___________ 91,!"!64.41 I ~!~f~~~~~~';~~-~l~::::::::::::::: 11g:~:i: Loca currency________________ 963, 712.61 J,o;,:i,m.02 Loans secured by bonds and other pub- 189' 93a. 76 I Curren.t account and accepted cbe,..ks- - - -- . 1' 174' M7-''3 lie securities- 1 United ~l&tes currency, 894,SRO. S:L__________ l&I, 16l. ti6 i!~~f~~~~:;-;~~~:::::::::::::::: ~:~:~ f!g:r~~r~c~:)~~-~::::::::::::::::::::::::: 2.~~ .. i~~:t! 81,900.00, 2,93.S,811.13 Overdrafll! and bills of e;'l'.change- Bank notes in cireulat!on[!~~f~~~~e~~V~-~~:_:::::::::::::: i: r,~; m: ~ 3, !In, m. w ~Yfi~~~1~~e~~!rency:::::::::::::::::::::::: t,s~~: ~tg: :;g 1, &>,S, ro2. 50 Bonds, stocks, and other securities, Philippine cur- II Dividends not paid· - - - ::~~; =~~ ,~;! :~;;1! ;~::::. ~c~l~• ·~~~ 1 ---1 9,319,299.70 Deposits held ~or safe keeping _ _ ------- ------ _____ ~·~:~1 ~ ! Bank notes withdrawn from c1rc11!11.t1on_ _ _ _ ----------------- SllO, ;97 50 I 9,319,299_'_'~· ____ ---~-------~--Correct: .J.?AQ.l'IN J, PE hc11AUST1, Director in Charge. BUREAU OF CUSTOMS AND IMMIGRATION. ~o. 3!1!).-ffolct .~older pr<'f>lll'<"d for d('ufisls d11/iablc as gold rilloy ma1111facturcd into articfcs; similit11de rules, applic<J!ion of. l\IANILA, Jlarch :w, 190.t. To all Collectors of C11slo111s: The following is hereby publi:o;hcd for the information and guidance of all concerned: "In the matter of Protest No. 2720, filed December l!l, l!l03, by :;\Ir. A. P. Preston against the decision of the Collector of Customs for the Philippine Tsland:-i acting as Collector of Customs for the port of Manila, as to the rate and amount of duty chargeable on certain lll<'rchandise described in Entry No. 0 l89G, Voucher No. 20161, paid D(•Cf"mber 17, l!J03. '"Thjs protest is against tlrn assessnl(>nt and collection of duty on cerbdn gold solder mHlC'r paragraph 27 (d) of the Tariff Rcvi· sion La\\; of J!)OJ, at $:1 per hectogram, not less than 20 per cent ad valorem. lt is claimed that this solder is entitled to free entry under the pro\'isions of. paragraph 3i2, which provides as follows: '''Hold, sil\'er, and platinnm, in broken-up jeweh-y or table ser\'ices, hars, slrnets, coins, pit>ces, dust, and scraps. ' "The merchandise in question consists of thin pieces or sheets of 18-carat gold solder, each piece being about I! inches long and one-half inch wide. On each piece is stamped a trade-mark, the words 'Gold solder for 18 K. plate,' and a number showing the carat. This gold solder is used in dental work and is specially prepared for this purpose. If this article is in fact gold or can J. SERRANO, Accountant. he assimilated to gold, being in sheets, it is cleal"iy CO\'ercd by the terms of paragraph am. "This quei;tion has, however, bcl'n rc1watcdly before the United States Board of General Appraisers, who ha\'c uniformly held that. nlloys of various kinds arc nmnufactures of metal. (See Treasury Decisions Nos. 12!182, 16210, 11nd 17168.) It has also been thne held that babbitt metal is. like 'bars of !";Older,' a complete manufacture of metal ready to go into the hands of the commmcr (Treasury Decision No. 21480), and that ordinary solder can not he assimilated to lend, but is a manufacture of lead. Sre nlso Treasury Decision No. 2:~541, in which the following lanJ.,"llage is used: "'It is a well-settled principle of cnstoms law that recourse can not be had to the similitude clause unless it shall be found that the article which is the i;ubjcct of classification is not enumerated or provided for in other parts of the act, either specifically or b~· component materials. ' "Moreover, articles can not be included in the free list by assimilation (Treasury Decision No. 2:Hi:i3). Gold solder in sheets or bars is an alloy of gold manufactured into its ultimate form ready for use. It is in the shape in which it is customarily bought and sold in the market, nnd is aptly described as 'alloy of gold manufactured into uticles other than jewelry or plate' un<lcr paragraph 27 ( d). '"Protest No. 2726, on the grounds mentioned above, is thereforr overruled and denied. (Signed) H. B. McCoy, Acting Collrctor of Customs for the Philippine Islands." H. B. l\IcCov, Acting Collector of Ctlstoms for the Philippine Islands. 342 OFFICIAL GAZETTE MANILA CU:-ffOM-IIOU8E GENERAL ORDERS, Xo. i 1.-('011rcni119 bot1rd for the examination of appHcunl.~ for 11m~ilio11s of master, ma.Ir, pulrou, and cn9i11etT of scayoi11y f('sscls in tile l'hili]Jpi1w coastwisc trade. MANILA, A/Jril 11, 1901,. i'AMGHAI'll I. Pursuant to Act ~o. iSO of the Philippine Com111i,.,sio11, ;1s anwnch•cl by Act No. IO:l5 of said Commission, the following appointments arc hereh~· made to tlw Bonni thrrehy c'J'catl'(\ for thf> rxamination um\ 1·1>rtifi1•atinn of applicants for the positions of mast<'!', mate, patron, and cngi11t~l' of seagoing \'1•ssch;:;: The Acting l'ollcctor- of Customs for the Philippiue Islands, prc>sidC'nt of the hon rd, l'X officio: Mr. \\-. H. Colbert, Acting l-iupcrintcml<'nt of the NnutiC"al Sl'hool, mcmbC>r of thC' board; Capt. George l\lansfield, inspeetor of hulls, nwmber of tlw hoar(\; :\Ir. 1-1. C. LiehC'now, im>pC'ctor of hoil<'r,;. member of UJ(' hoartl; Capt. Vicente Vl'rzmm, mC'mlicr of the board. PAii. JI. Mr. 11. C. UC'lx>now is hC'rC'h.v d<·signatc(l as :-.eerchH.v of tlU' hoard, and the ln,;u\ar R111·,·1•yor of Customs shall furnish tlll' necC'MHH\' ekricnl assisbrnce. PAR. HI. 0 Assf .. 8urg-. Vidor c;, Tfriser, llnitecl RtatC's Public J-Jcnlth and l\fari1w-Hospitul R1'rViC'r. i:< lwr<'hy, with hi,.; consl'nt. (IC'signated to ('onduct the physical f'Xamination of all applicants in aecordanc<' with ,.;eetion 3 of said Act No. 780 of the Philippine Commission, as amended, nnd to certify their condition to the Board. PAR. IV. The board shall meet at the Nautical Sehool, Manila, P. I., on April 25, Hl04, at 1 o'eloC'k p. m. l'AR. V. All <'f'rtifications for liC'C'llSC'S for the positions of maskr. mate. pntron. all(! f'ngineer of .<;eagoin,!l' \'('ssrls in the Philippine eoastwise trade shall be made to the Colll'etor of Customs for the Philippinr falamls, and the examinations of all applicants, togPtht>r with all records of the hoard, sliall he krpt in the office of the Insular Surveyor of Customs. PAR. VI. All applicants for <'Xamination arc herPb,v notifi<'ci to prPsrnt themselves to the board at the hour and place abovc designated. H.B. McCoY, Actin!J Colledor of Customs for /Ire Philippine lsla11ds. No. i2.--Ame-nding .1fani/ri. C11stom-llo1isc Gc11('ral Order No. it. co11i:M1ing board for Ow e:ra.miiiafion of applier11nts for po.<;itirmR of mastl'r, ma.fl', patron, and cngirn'<'r of .<;eagoing 1wsscls in tlw Pl1ilip11i11c cortstwisc frnde, by Tl'lici:in,Q Capt. Yicellir T'r•rzolln. from d11t,11 as a member of the board l111d oppointi11.1J Cllpf. Robert JI. de la Bala in his stead. Manila Custom-1-fousr General Ordrr No. 71, issued April fl. lfl04, ('Onvening a board for the examination of applicants for positions of master, mate. patron, and <'n,!l'in~r of seagoin,!l' vessels in the Philippine coastwise trade, is hereh;-.• amended as follows: Capt. Vi('ente Vcrzosa is rrlicved from duty as member of the hoard: Capt. Roh('rt 'M. de la Sala is nppointed mPmher of the hoard. vice Capt. Vicente Ver1..osa. relieved. H. n. McCov, Acti11,q Collector of C11stoms for the Pl~ilippine [.<;lands, NOTICE. SALE OF 1'IIE INSULAR COLD STORAGE AND ICE PLANT, Scaled bids for the purchase of the Insular Cold Storage and Ice Plant located at Manila, P. L, will be received on or beforp the 2ith day of June, 1904. The plant includes one of the most 0 vahmblP locations in the city of Manila on the Pasig River, occupying the whole spac<' between the Suspension and the Santa Cruz bridges, with abundant water frontage, and in the immediate vicinity of the business center. The buildings and ma.chinery are in every respect new and modern, completed in the yeal' 1901. The sale will include the hind and water transportation belonging to the plant, including insuiated lighters and barges, -<lcli\·ery wagons, horses, and harnesses. For lhe fiscal year 1903 the total revenue of the plant was $:!32,1!14.li; total expPnditures for the same period, $198,338.83, leaving an excess of revenue over expenditures of $133,855.34, United States money. The plant as a Government institution docs not compele with private establishments of a like character. Jn the hands of a private corporation the income could be very largely increasNI. No bid for less than $1,000,000, United States money, will be considered. Bids will be received on the basis of an unrestricted sale, and also on the basis of an agreement on the part. of the purchaser to furnish ice to civil employees for li\·e years at the present Government rate of one-ha.If cent, gold, per pound. The right to reject any and all bids is reserved. Each bid must be U('eompauied by a certified chPck 'payable to the Gorcmmcnt of tlw Philippine Islands for 5 per cent of the amount of the bid as scemily for the fulfillment of the contract should the bid be accepted. TEHMs.-Payment to he one-third cash and the balance in three <''Jnal annual paymcnbi, at 6 per cent interest per annum; the unpaid portion of the pmchasc money to be secured by n10rtg:1gc on the property or by other satisfactory security.· Bids may be filed with the Chief of the Bureau of Insular Affail's, War Department, Washington, D. C., or with the Seere· buy of Finance and ,Justice at Manila. All bids must be filed before 12 o'clock noon, June 27, 1!)04, at which time the bids will be opened. Contents. Public laws: :-Oo. 1111, granting a franehL~e to Charles W. Carson to construct a tramwa}in the municipality of Dnct, Ambos CamRrines. from the wharves at )[ercedes to and through the town pro er. :-Oo. Decisions of the Supreme Court: The l'nited States vs . .Ju11.n de la Cruz ct al. The l'nitcd Stntcll t•~. Nicollll:i Gloria. .John E. Springer vs. Arthur F. Odlin. Statistics of the Bureaus of the Insular Government: Bon rd of Health for the Philippine Island~. Wentbcr Bureau, mctcorolog1cal datn for March, I!JO.t. Mining BureauBur:!~neif1 l~~uls;~;;l~~dT~~~;e~~ 0~~~~op~;!~i~~F:mpino, statement for February, 1904. Bureau of Customs nm1 Immigrntion: Tnriff Decision CireularNfac3t~:.C1fi°l~~o~~ti~1~~~j~~ri[,~~cdr~~~~~\~~{f:::i~:~f.°1d alloy manu)fanila Custom-House General Ordco;Notice: Sale of the Insular Cold Stor11ge nnd Ice Pinnt. Ion of npplieant.~ for positions of seagoing \'esscls in the ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. - ---- ------ - - - - Vo1 .. II· MANILA, P. I., MAY 11, 1904. No. 19 [Xo. 1115.I AX A('T .\l'L'IWl'Hl.\TL\'t: Sl-:YEXTY TlllJl'S..\SI> 1101.LAHS, IX :\IOXl•:Y OF TIU-: l'Xl'rlm ST.\TES, !o'OH l'AY:itEX'I' OF THE l•'IHST lJL\HTEHLY IXTEHl~ST l'l'OX THE FHIAH·LAXD BOXDS. 11111111/horit,11 ol tlw l"11ilcrl Nt11t1·M. lw ii c·mw/f"fl l1,1J 1111· /'lrilippi1w Co111missim1, tlwl: SE('TIOX I. Tlwn• is hl'li.•h~· npprupl'iah•1l, nut of auy huuls in the lnsulnr Trl'a:o111ry not olllt'rWist• upprnpriatrcl. tlw ,.;11111 of s('\"t•nt,\· thousand dollar". in mom·~- of illl' l "nih•d 1-'tllh's. for tlw Jllll'pos1• of pa:'·ing infr1·p.;( for ilw lir:~t q11111·ter npon tlw honds isstll'd in p11y1111•nl nf th1• Ml·1·;dl1•cl "frin1· huul..i," in pnrs1111m'(' of tlw prnvisions of _.\1•t Xumht•n•tl 01w thous~uul 11111! thirtr-four. 1-'Kt'. 2. Tht• puhli1· g-ootl rl'11'1iring- tlw sp1'(•1\y 1•1ml'inw11t of this hill. tllt' flll><sag-1· nf tllt' siu111• is h1•n•h_,. 1•xp1•1lit1•d in 111•1•or1la111·1• with st•l'tinn two of '"..\n .-\t•l pr1•."1·rihing tlw or1lt•r of pro1"<'1h11·1· 11.\" tlw Cnmmissinu in till' l'lla1•t11w11l of law .... ·· pa"st•d N•ph•111h1·r l\\·1•nt:r·><ixth, nilll'll'C'll hnndrt•c\. ~E('. :t This .·\1·t shall lilkl' 1•ff1·d on its pa,.,sag-t'. Em1cted, A1wil 2:1. l!J04. [Xo. Jiiii.i _\:'.\" .-\<'T ..\l"l'llOHIZIXI: TJIE l'IW\"IXl'l.\I. BO..\IW OF T.\Y.\IUS TO HlfflSI·: Till·: LISTS ()l<' ..\SSf<:ss:m·:XT OF LAXD FOil Tim l'l"HPOSJ•: OF T . .\X:\'l'IOX I~ Tim '.\ll"Xlf'LP..\LIT\' OF BO.\('. IX Tiii•: ISL..\Xll OF '.\L\HIXI>l"<H"K PH<fflX('E OF T.\L\B.\8. \\'lwrt•ao; it h11s IM•1•11 11md1• to :1pp1·ar tlmt h~· 111istak1•s 111:11!1• 1,,,. tlw no;s1•-. ... 11wnl lmnrcl of 1111' 111u11i1•ipalit~· of Boai•, iu tlw J,..Jand of '.\fod111hu1uc'. l'rm·i111·1· of Ta,\•nhns. aud hy lill' n·,·isiou hoard. just n1hmlio11o; wt•r1• nol in all 1'11><1'" phu•1•d upon prnp1·rty as>ii'""''ci for t.lw purpo-.1• of laxatinn, mu! that th1•r1• nr1• 1111mc1·ous l'l'l'Olll'OllS llSS('><SJll('llfS in s11i1I 1111111idpalit~·: 'l'lwl'l•fort•, 11!1 rrntlroril,11 fl{ tlw ('11ilctl ,i,:111/t'H, lw ii t•mwtnl IJJJ llu~ /'l1ili]l/1inr ('ommis.i;itm, that: S~;('TJo;o; I. Till' JH'O\·im·ial hoard of 'J'ayahus i,.. lw1·1·h~· authol'· i1.1•1\ to n•\'is1• nnd t•orl"<'t'l all \·nluatiom1 on tlw ass1•ss111Pnt lists of the m11ni1·ipnlit,\' of Boal', and to 11tale till' tnll' \'11hmtio11, in lllOlll';\' of th1! l"nil('(I Stal1•s, in mt·h r1i;1(' wh1•rc it is mmlci 1·lcnr that tlw \'aluntinn now slatl'•I npon tlw :1ss('s><1111•11t lists is <'l'l'O· lll'OU>! and unjust and to l'Ol'l'l'l'l uny nnd all t•rronl'ous a><i«.•ssnwnt11 in :;aid munil'ipalit~-. The n!-lsl':;snwnt lisb, wlwn so co1·rcl'tl'1I. shall II(' as lawful 11ml \"111id for all pul'poses as thoug-h thr as;wssnwnts hl'r<'in prO\·iclPd hacl hl'<'ll nmdl' hr the? hoard of lax rc\'ision at tlm prnpt•r time. m.93 :-it:1·. 2. Tiii' 1·1•:1ss1•ssml'11is ]ll'n•in )ll'OViil1•d shall be com11leted h1•for1• tllt' firs.l du~· nf .111111', 11i11cli·u11 hundrod and four. fi1•:l'. :J, Tlw prm·isinns. of s1•1·tio11s thrl?l!, four, five, nnd six of .\1·t X'mnh1•r1•tl Tt•n h1111d1"<1tl 111111 fiflr-two, rntit!Pd "An Act to prn\'icl1· for 11 st'l'illlll l't•vis.inn of th1• ns!ll1ssn11•nts upon ronl 1•statu iu tlw l'ro\"i111•1• of Hntangn11," shnll ht• applicable to the a1U1e>iS11wnt.s 1111d pn~·nwnl of tnxt's in tlw municipality of Bone by this. Al't nuthol'izr.d. x~:1-. 4. Tlw puhlit· /,.'lJOd r1•quil'ing the sJll!t'dy emu·tmcnt of this hill, tl11· pa.<;sn:...'<' of lh1• sa1111• is h1•l'l'h,\• 1•xprdited in ac<'Ordance with S1•1•tion lwo nf "..\n Act pr1•s1•ribing- thr ord<'r of proeedure h~· tlw Commission iu tl!I' «'llnC'tnwnt of htws," (lllS!!<'<l September tw1•nt,\·-sixlh, 11i1wt1•1•11 hmulrl'1I. X~1'. ;;, This. .\d shall takr pfft•et on its pass11:..."C. Emu·tPd, April 2:1. 1!104. /Xo. 1117.J ..\X .\("I' PllOVlDJXC: FOH TJ-m RJWl810N OF VALUATION r·qn Tim P[!Hl'OXI·: ()Jo' T..\XA1'IOX OF CERTAIN PAR· C'J·:r.:-; IW LAND IX Tiii·~ UUXICIPAT .. TTY OF IT..OIJ..O Jrnr.oxrnxn TO \L\HXER, B.-\RNJ~8 AN.p CO'.\·IPANY, LL\flTF.D, HO AS TO cmnn;cT CLirnICAL AND OTHER ERROR8. \\'h1•1•e11s it ha>< bern 11111dt• to appear that an oversight was 1•11111mitl1•1l by the municipal bo11rd of ns>i('i::sors of the municipality of lloito and by thl' 1"<·~1><srssm.~nt hoard of the Provinec of Iloilo in till' t•la><siHl'ntion nml \'aluation of lots numbered tivc, 11ix, s1•w11. right. and nine on n plan showing the property in Iloilo lwlonging lo Wa1·11pr, Barnrs and Company, Limited. which lands 11r1• lnrgrl}' snbmrrgcd; nml \\'lll'rl'lts t.lw \'ahmtions pl1u·1•d upon ><nid lnnd11 arc found to 111· inl'1111il11hl1! hy l'l'a><on of m·ersighl untl misl;tkc in clnssifteation and \'11h111t.in11: Therl'fol'l', H!/ 1rnflmrit,11 of tlic (htilt·d Slfllcs, be it c11(fcted by the Pliilippi11c Co111missio11, tlwt: ~El'TIO:"f 1. The pro\'inciul hmml of lloilo. togr.thcr wil;h the prnvincial sccl'ctary and pro\'im·ial fis1·al of that province Hl'r. lll'rr.b~· con><tituted a special hoard with nuthority to correct all \"alnations of the prop<'rty alJO\'«' sitntecl on the assessment list of thr municipality of Iloilo nnd to stat<' just vahm.tions, in mon<'_\" of the United 8tatl's, of ml'i1 of the lot11 of land above rl'fcrrl'tl to, and to correct an,\' and all erroneous assessments of said pnrecls of land. The a><sro1s1111"11t list of the i:;a.id lands, when >ill corrected, slmll hC' as lnwfnl 1111d valid for all purpo~s as though the eorrrctinn and 1·ra~sl'!'Sment hrl'rin provided had been mndr by the board of tux rC'vision at thl' proper time. SEC. 2. The revision nf the \•aluntions and a!'!sl'ssments of the lots aforl'said shall IX' 11111111' and complet<'<I by the assessment hoard herein provicll'd on or ill'forr the firsit clay of .Jnnr, ninl'tel"n humlred and four. Tlw ass1'>111ment and re\·aluations shall be 343 344 OFFICIAL GAZETTE made on notice to \Varner, Bnrncs and Compnny, Limited, and to the municipal nuthoriti<'s of the mnnicipnlity of Iloilo, and cnch shall be entitled to be henrd before the revision bonr<l herein provided. No appeal shnll be allowed from the nction of said bonrd. Tlw action of the nutjority of said board shall be deemed to be the action of the board, and binding. S~;c. a. Kothing in this Act contuincd shall hr deemed to pn·judice the right of thl' lmmlnr Government.. or of the pro\°incial gon•rnment of Iloilo, or of the mnnil'ipnlity of Jloilo, to any of the lnnds by this Act nlkdcd. REC. 4. The public good requiring the speedy cmwtmcnt of thi~ bill, the passage of the same is hereby <'Xpedited in ncconhrnce with scdion two of "An Act prN;r1·ibing lhc order of procedure by the Commission in the cwtctment of laws," passed Sc>ptemlx>r twenh·-sixth. nineteen hundred. SE~. 5. This A<'t shall take effect on its pa~snge. Enacted, April 23, 1904. [!\o. 1118.] .\X .\CT Al'THORIZI!\G THE CHIEF OF THE BllREAl; OF Pl'BLIC LAXDH TO ADMINIRTER OATHS, EXA1IIN'E \\"lTXE:-;RE:-::, AXD SEND FOR P.ER80K8 AND PAPERR: .-\XD PRO\.IDIXG THAT AXY PER80!\ WHO SHALL \YlLLFl'LLY AXD KNO\\T'..'WLY :\IAKE ANY 1"ALRE AFFIDAYIT OR OATH TO ANY MATERIAL FACT OR :\IATTER BEFORE HIM SHALL HE DEKMED Gl1ILTY OF PER.Jl"RY AXD PtlNIRHED A<.'<.'ORDlXGLY. ll!J aritlwrit~/ of Ow f"nitcd 8f11fl'.'l, be it 1'11actcd by t1!f' Pltilip]>im' Commissio11, tlwt: i-;i::cTION I. The C'hicf of the Bure:rn of Public Lnnd;1 ~hall, in performin~ all dutil's required of him, havf' anthorit~· to administer oaths. c>xnminc> witnl'ss1•s, nnd send for persons and papers: and any p<'rson who shall willfully aud knowingly makc :111y false alfidavit or oath to nny mah•rial fact or matter before him i::hull be deemed l!Uilt~· of perjury a111l on <'OUviction shall be pnni.~hed ns for such offense. SEC. 2. The public good rl'quirinl! the spC<'cly l'nactment of this hill, the passaµ'l' of the samC' i~ hl'rl'hy C'Xpedited in accordance with section two of "An A<'t prC'snihin:!" the ordC'r of procedure b~- the C'onnnbsion in the 1·nnctmcnt of laws," pasSl'd Reptember t\\·cnt~·-llixth, nineteen hundred. REC. 3. This Aet shitll take effec-t on its passage. Enacted, April 26, }!)04. EXECUTIVE OROER. THE GO\.ERNMENT lW THE PHILlPPlXE ISLANDS, EXECUTIVE BUREAU. l\IANILA, April ,'J(), 190.~. EXEl'~T~.\"~~~ROER } Executive Order NumberNI 01w hundred and ni1w, Sl'rics of nineteen hunclred and three, is hereby aml'ndC'd hy substituting the name of Honomtile Warren H. lckis for that of Honorable .James H. Blowit, junior, designated therein to remain on duty, subjl'ct to call, for the performance of interlocutory jurisdiction in the Eleventh, Twelfth, ThirtN•nth. and FourtC'enth .Judicial Districts. T~uxE K \Vmo1-1T, Civil Governor. By F. W. CARPENTEll, Acting Executive SccrctariJ. DECISIONS OF THE SUPREME COURT. [No. 1493. February 25, loot.] 'l'Hb' UNl'l'l~'lJ ST.A'l'RS, cumvlai11a11t and appcllcc, vs. BER.V,.tRDO USIS H'l' .. tD., dcfemlallfs and a.ppdlm1ts. •I. CRIMINAi, LAW: BRIGANDAGE; EVIDENCE: l'UJWOSE OF H,1NJJ.-In prosecutions under the provisions of Act. No. M8, dcllning and punishing brigam'lngc, the evidence should show the purprnsc for which the band wasorganbcd. It ls not nccessnry lo make this proof b~· direct testimony; this may be shown by circumstnncc.~, but there must be something In the case from which the inference can propcrly be cleduccd. 2. In.; In.: Io.: In.-CMesof United Statcsv8. Francisco Dccusin {I Olf. Gaz., 730) und Unitecl States t'8. Saturnino de In Cn1z (Olf. Gaz., 66'1), cited and approved. .\Pl'J<;.AL from a judgment of the l'ourt of Fil'i:;l. Instunce of Ca\'ite. Till' facts arc slntecl in the opinion of the court. 1(,,,ELIPE G. CAU)ERON' for appellants. Solicitor-Genernl ARA.NETA, for appellee. CoorEH, ./.: Bl'rnardo \."sis. Marcf'lino Mangubat, Aquilino Cantnda, Luis Tagnnns, ancl l\Iateo Ronquillo are charged with the offense of bnndoll'rismo and Wl'l'e convicted in the Court of First Instance of Cnvitl' on thl' 28th dny of August, l!l03, as forming a party of bandits defiiwd in Act lil8 of the Ci\'il Commission, and were comll'nmed lo the pennlty of twenty years of imprisonment and to pay thC' costs of proceedings. The defendants have appealed to this court, From the testimony it appears that in the month of ~fay, lfl03, in the barrio of lbn, Silnng, in the Province of Cavite, the 11ccused \wre urrested by n body of insuhtr police; that at the time of tlwir arrest they Wl're in company with one Agueda, nm!, meeting nhout a dozen of the Constabulary, Aguedo, who was called the chif'f of the gang, fired his l'evolver at the Constabulary and succeeded in mnking his e!lcape; the defendnnts were cnptured nnd four of them were found armed with bolos and one with 11 l\Inusl"'r hnyonet. According to the statf'ment of witnesses on the part of the proS{'eution, upon their capture the defendants r.tated that they WPre in Sf'areh of a carahao which had heen lost, the propert~· of one of their number, Mnngubnt, anrl thnt Aguedo was the chief of the band. The defendants tc>stifi<'d in their own behalf, some of them !ll'clnring that th<> lost carnhno belongecl to l\Iarcelino l\Iangubal. and othNs that the lost <~amhao was th<> property of Aquilino Cantadn. 'fhC'ir statements were eontrndictory. both with respect to the> places of their residence, till' nrms which they born on that occasion. the manner in which the~· were assembled, nnd other minor details, which induced the court hclow, in connection with the other evidence, to helieYe that they formecl a band of rohher11 and thnt they were guilty under the provisions of Act 518. Tn order to sustain a. conviction under the provisions of this Act, it must appc>ar that the parties charged with the offcnSC' form<'d a hand of robb<>rfl for the purposl"' of stt•alinp: carabno or other personal property by the means of fore<> and violen<'<" and went out upon th<> highway or roamed O\"er tl1<> country nrmed with deadly weapons for t11is purpose. To prove this erime it is unnecessary' to ndduce evidence that nny memOOr of the band hns in fact committed robOOry or theft, hut it is sufficient to justify a. conviction if from tht> circumstancl"-'!'1 it can be inferred beyond reasonable doubt that thl"' aecused wns n member of sueh armed band as tha.t described in the said act. There is no proof in the case to show the purposes for which "Headnotcs by Mr. Justice Cooper. OFFICIAL GAZETTE 345 the bnnd was org1mizcd or that any robbery or theft had bel'n committed by the band. It is not necrssary to ml\kf' this pl'oof by direct te~timonr. The purpost'~ for which they wen· 01·:..'1mi?.<'d lllllr he infel'J'l'd from cirCUlllSllllltCS showing their JlllrpoSl'S, but there must b<• something in the ense from which the inference c1 m propel'ly he deduced (United 8tutes rs. Fmncisco Decusin, I Off. Gnz., r:iO; United Stales 1w. 8nturnino d<' In Crnz, l Off. Guz., 664.) On account of th<' insnnicienC'y of proof in this respect the jud,!rn1ent of tlw Court of Firfit ln;;tnncP must hl' reversed nnd the defendants nC'quitted. It is so ordered and dhect<'tl nnd C'oshl are adjudged de o{icio. Arellnno, C . • T.. ::\lnpn. nm\ :\[C'Oonough, .T.J., eonC'ur. TORRES and \Yn.r.ARn, ,/,/ ., concuning: We concm in tlw ncquittnl of the defendants because of the lnrk of proof of th!' pf'·rprt.rntion of t.hr <'rime of hrignndnge. ,Jou:sSON, ,/., l'OllC'Ul'l'ing: I ngree with Mr .. JustiC'e ('ooper in his finding of facts nm! in his conclu!"\ions in thi!I l'UM' of tht> l'nit.rd Rtntt>~ 1w. Psis nml others, In my opinion the doctrinP nnnom1ced by this comt in tliC> ('ause of thP l'.nited Rtnte!I 1w. Francisco Decusin has been ow•1·ruled. nefenda·11ts ncq11itled. [:So. HS2. Febniarr 2\1. 190-I.] 7'HR UXJ'l'P.n S7'A.7'HN. complainant and appelke, rs. AVTON!O PBR.\'.4.YlJHZ, defe11dnnt a.nd appell(f.llf. CRllill!UJ. LAW; HA!'E: AGGl\A\'ATISli ClftCl'llSTANCF~~: ABIJSE OP On'ICE.-The fBct th8t the defendant, found guilty of the crime of rape, w1is a scrgennJ of the Constabulary force and ll\'allcd himself of Rn opportunity 11.flordcd him b~· his position us such to commit the <"rime should be conslclcrcd In nggrtl\'lltion of the penalty. APPJ<;AL from a ju<lguwnt of tlw Comt of First Jnstnnl'e of llocos Norte. The defendant, who is a member of tlw Con>1tabulal'y, went to the house of the father of the complaining witnelis, togethel' with some oth<'r membel's of the eo1·p:;i, fol' the purpose of searching the house for firearms. No arms wel'e found. His men lmving gone into a bal'n near by, the defendant was left alone in the house with the complaining witness, a gil'i of 16. The defendant then told her that unless she would submit to him he would kill her and by theatening her with his revolver intimidated her to the point of permitting him to have sexual intercourse with her. The tl'ial court found the defendant guilty of rape and imposed upon him the maximum penalty of s('venteen )'<'Hrs four months and one day of reclrlsi611 temporal. Against thi8 the defendant appealed. Holicitor-General ABANE'J'A, for ('omplainant nnd appellee. ANTONIO FEBNANOEZ, dC'fPIHlant and appellant, on his own belmlf. MAPA, J.: Tht> guilt of the defPndant of the crime of rape with which he is chal'ged is fully establisht>d by the proof. The crime wa.i committed with the aggrav11ting l'ircumstnn<'e that the nccused availed himself of his position ns s<'l'g<'ant of the C'onstabuhll'y fol'ccs to commit tile crime, and with the further circumstance of its commission in the dwelling of the romplaining witness. Con:<f'quently the penalty of scwntet>n yrars four month.<; and OM day of 1·ed118i6n temporal imposed on the defendant by the trinl judge is in accordance with lnw und should therefore he nffil'med. The court below also l'omlemnl'll the defendant to the payment of the >1um of 500 peso:;i to tlw father of the complaining witnNHI Th<>l'e i>1 no authority Of lnw for this, and consequently the decision can not in this respect be sustained. In lieu thereof the def<'ll!iunl. should be obliged to endow the complaining witness,~ who it appeal's is unmarried, in the sum of 500 Philippine pesos, and to acknowledge and support the offspring, should there be any. in ll<'Conlnnce with the provision of al'ticle 499 of the Pena.I l'oclc. \Yith this modification W<' affil'm the judgment of the court below, with the C'osts of this instance against the defendant, Arellano, C. J., Torres, Coopl•r, and McDonough, ,J,J., concur. Willanl und ,Johnson, .JJ., dis.'lent. ,Judgment modified. (No. 1491. March 5, 19CM.] 'l'Hf: U.Vl'l'};[) R'l'.-11'ES, complainant a.nd appellee, V8. LORftJNZO .4 llCRO HT .1.D., defendants and appellants. l. CRUllSAI. LAW; FoUCIHJ.E F.NTllY,-The law which forbids a forcible entry into the dwelling of another relates not only to the method by which one mar pnss tht' threshold or the dwelling or nnother without his consent but nlso to the conduct immediately niter entmnce of one who so enters. 2. lu.; ID.; ll'VIOLABILITY OF THE DWEJ.J.ING; l'Ol.ICE POWER.-The right to be free from unnuthorbed entmnces Into one's dwelling is one of the most ~acrcd person8l rights secured by the lnw, and Its only limitation is found In the neccsso.ry exercise of the police power, under which this private right must yield to the public welfare. • 3. Io.: To.; EXPRESS i'BOBIBITJoN.-lt I~ not necessary to a convletion of the olft'nsc of forcible entry that there should be nn express prohibition to enter; no one may enter the dwelling of unotber without rendering himself liable under the law unll!ss the one seeking entrance comes within some of the exceptions dictnted by the law or public policy. APPEAL from a judgment of the Court of First Instance of Bulncnn. The fuels nrl' stntl'd in thl' opinion of the court. CRISP!i\" OIJEN, fol' appellants. 8olicito1··G-<•11crnl ARANETA, for 11.ppellee. ,Jou~SON, ·'·: Thr llefomlant,.; were charged with entering the house of one Alejo Tiongson on the night of February 20, 1903, armed with deadly weapons, against the will of the said Alejo Tiongson, The evidence shows that Alejo 'fiongson lived in his house in company with his wife, Alcjundnt 8un Andl'es, and his wife';; sister, i\forcf'la 8an Andl'e>i. On the night of the 20th of February, 1903, betwel'n 8 and 9 o'clock at night, the accused, one of whom was nrmed with a gun and the othel' two eitch a bolo, entered the hou.se of the said Alejo Tiongson without fil'st obtaining the permission of any person. It appeal's from the prnof that there was a light burning in the house at the time the accused tmtered, which was immediately put out by one of the accused; that Alejo and his wife had retired for the night; that Marcela was still sitting up sewing; that as soon as Murccla had discovered the accused in the house she awoke Alejo and his wife; thnt immediately after the accused W<'re in the house, one of them wounded, by means of a bolo, Alejo Tiongson, the owner of the house; that the accused appropriated to their own use a certain quantity of money; that the accused took and carried 1Hrny out of the said house toward the fields the said Marcela Ran Andres and ill-treated hel'. The evidence on the part of the defense tended to prove an alibi. The coul't below found that this testimony wns not to be believed. We find no occasion. from the proof, to change this finding of fact. The court bl'low found that the defendants were each guilty of the crime of <>nt<>ring the house of another, with violence and intimidation, which crime is punishnble under subsection 2 of article 491 of the Pf'nal CodP, nm\ sf'ntenced each of them to be imprisoned for the term of thn•<' years six months and twenty-one da)'S of priBi6n corrrccio11al, and also imposed upon each a fine 346 OFFICIAL GAZETTE of 2i l pesos and costs. Jn rPnrhing this com·lusion the court took into considcrntion thl' <tggra\·ating dreumstnnce of nighttime and th<' C'Xtl'nnntiug- <"in·umst1HH'l' pro\'i1lrtl for in artielc 11 nf the PC'nal Code. Article 4!Jl of the Penal Code pro\'ides thnt··He who shall l'lller the n•sidcncl' (dw<>lliug house) of 1mothcr against the will of its ow1wr shall he punished \\·ith the pc1111lty of urrc.~to mriyo1· 1rn1l a line of from :t~.i lo :l,250 p<'setas." Subsection 2 provides that"H the fact shall be t~xPcut1•d \\·ith ,·iolencc or intimidation the penalty shall l.ic prisiU11 corrl'n:ioiw/ in the graclt'. IH('dium nnd maximum, and a line of from :12.i to 3,250 pl',wtns." Under the facts presentl'd in this cuse, was tlw trial court justifie<l in finding that the ucrusl'1l were guilt~· of the <·rime of <.>ntering the residence of another against his will awl with \'iolence or intimidation? We think th1ll it was. We nrc not of the opinion that the statute rclutl•s simply to the uwtho1l by which one mny pass the thrcshohl of the resilll'nce of anotlwr without his consent. We think it !'(•latt>s also to the con<luct, immediately after entrunee, of lw who l'llkrs the house of anotlwr without his consent. He who IJeing armed with <lea<lly weapons entel's the residence of another in the nighttimr, without con:sent, nnd immediately commits urts or \'iole1w1· untl intimidation, is guilty of entering the houst• of ;mother with \'iolencP ulHI intimidution 11nd is punishable undt•r suh.~l'ction i of artiel<· 4!11 of the Penni Code. (Sec l'iada, vol .• J, JJ· .10.J; Uuzrltr of Sprtin of lltc 281/t of .l/m·cl1, Ji'j8.:J; l"iada, vol. ti, p . . Iii.I; Ua.::ett~ of Spui11 of the 19th of Jlay, 1882, p. 16/i.) The inviolubility of the home is onP of thr mo;:.t funclamentill of nil the intliYidual right;; <leclan'tl and J'eC'Og"ni;wd in tlH' polilieul ·codl•s of C'i\'ilized nations. Xo orn· C'Ull t•nlc•r into tlw home of anotlwr without the consent of it....; owners or o<·etqnmts. The prinu·r of the home--the placP of ahmlr. tlw pla1•1• wlwrC> a mun with his family may tlwell in peal'e and enjoy tlw <"ompnnionship of his wife and chiltlren unmolesh•d b~· au~·onr, 1•\"l'll the king, except in nne cnse.-;-lms alwnys h('l'n reg-anl1•cl hy civilized nutions us one of the mo.-;t. sncrPd prrsonul rights to which men are entitled. Both thr common and tlw ci\'il law guaranteed to mun the right of absolute pl'Otcetion to till' prirncy of his home. The king was powerful; lw was <·lotlwd with majesty; hi;; will was the law. but, with fow rxcrptious. the htm1blest C'itizen or subject might shut tlw (Joor of his hmnblc cottagt> inclo;:.ing his famii~' in hi;i facr. and clrfl'nd his i11tr11sion into that pri\'ac~· whid1 was rcgar<lc<I as siu·red as auy of the kingly prel'Ogati,·rs. Thr JIOOl't'St and most hnmbh• eitiz<.>n or ;:.ubject ma~·. in his rottagl', no mattN how frail or hnmhlr it is, hicl defianC'e to all the pow<•rs of till' stntr: tlw wintl. thr storm and the sunshine alike ma~· enter through its m•11thrr·b1•atl'n pa.rts, hut the king may not enter against its ownrr's will: n01w of his for('es dart> to cross the thrl'shold of t•\'1•11 tht• ln1111hl1•st tem•ml'nt without its owner's consent. "A man's house is his l'astl1'," hns llC'C'Ollle a maxim among the < 0 i\'ili1.ed pt>0plcs of thl' rnrth. His proll•<•tion tlwn•in \ms hPeomc n matter of constitutional prott>etion in England, Anwrien, a111l Rpain. us well a>'< in otlwr C"ountri1•s. However, under tlw poli<'I' po\n>I' of thC' statr tlw anthoritirs may compel rntrnm·(• to dwelling how<c•s against thr will of thl' ownl'I';:. for sanitur~· purpmws. ThP g-m·1·1·11111(•11t l1as this right upon grounds of public polic~·. It h::i.s a right to protl'C't the health nml liws of all its people. A man ean not insist upon the pri\'acy of hi.<; honw when a question of the hl'nlth and life of himsC"lf, his family. and that of thr <'ommunit.y is involwcl. This prfratr right mu;:.t he suhje<'t to tllC' puhlir \Wlfarr. It may hr argued that onf' \\·ho Pntpr;:. the dwPlling houS<' of anothrr is not liahlf' unless hC' has llf'en forhiddPn-i. r., thr phl'ns<' "against tlw will of t.hr ownf'r" nwans that thPl'I' m11"t han• hren an express prohibition to entr1·. In othC"r word.;;, if 01w rntl'!'s tlw chn•lling hou.~r of lllJOtlwr without the knowl<'!l)'.?r of the ownel' he has nol cntel'ed against his will. This eonstruclion is c1•1·tninly not tenable, becirnse entrance is forbidden gen· crnlly urnll'r the spil'it of the law unless permission to enter is expressly given. To allow this construction would destroy th<' \'l'l')' spirit of the law. L'.nder the law no one hus the right to <•nter the home of unother without the othrr's express consent. Thercfol'e, to suy thnt when one enters the home of nnotllC'r without his knowletlgc he docs not cntel' against the will of the ownl'r, is to snr that one's homr is open for the entrnnce of nil who are not express!~, forbidden. This is not the rule. The :<tatute must not he given that construction. No one can C'nter the clw<>lling house of nnotlwr, in these Islands, without rendering himself liitble under the luw, unless he has the express C'onsent of the owner an<l unless t.he one seeking entmnce comes within some of tlw 1•xccptions dictnted by the law or by a sound public policy. So jcnlously did thr peoplr of England regard this right to t•njoy. unmoleste1I, the privacy of their housrs, that they might 1•vcn tiikt• the life of the unlawful intrnder, if it be nighttinw. This was also the sentiment of tlw Romans expressed b,v Tully: "Q11id rnim .sa11ctill.s quid omni rcliyirmc 1111111iti11s, q1wm dom11.~ u11i-mwu j1rnq11c ciri11m." It mu~· hr al'guC'd thnt the offense punishable undcl' urtide 4!JI of tlw P1·1ml l'oc\I' C'Ol'l'<'sponds to the crime of burglar)' at the 1•0111111ou lnw. It i>< true tlmt tlw offense of entering the ilous1• of anoth(•r without thC' latter's consent nnd the common·la\\· rriuw of lmrglar~· a1·p both offenses ngainst the habitation of in<iivicluuk But thrs<' crimes ure distinctively different. The ]Hlllishm<'nt for hurg-lury is '·to prevent the brenking aud entel'ing of a clwel\iuµ; house of anothN' in the nighttimr for the pmpos(' of l'o111111itting a fdon~· therein," while the object of intiele 401 i,., to pn•\·rnt entrnnl'e into the 1hwlling house of another at any tinll', <•illwr b~· da,v or hy night. for nny purpose, against lhC' will of its ownrr. In h11rghuy thrrr must <.>:<ist an intC'nt to enter fo1· the purposr of l'Ollllnitting a fC'lony, while urnln article 4!H of the Prnul C'o<lC' I'll! 1·irn<·e against thl' will, simply, of the owner is punish· ahh•. l"nclM· the provisions of tlw Prnul Code l'ntrnnce in the nighttinw ('an only he regarded as nn aggra\'ation of the offense of entrrinl!. \Yr arr of thr opinion, umlN' nil of the facts in the case, that tlw attPnm1ting circumstanC'e pro\·idC'd for in article 11 of th<.> P<'nal Code >1houhl not be considered in favor of these defendants. \Ye fiiul that the dcfcrnlunts arc guilt)' of the crime of entering tlw housl' of another with \'iolcnce und intimidation. without the <'OllSl•Jlt of the owner, with the aggmvaling circumstance of noeturnit,\', and llC'reby impose the 1m1ximmu clegrl'r of prisiUn eo1-rrcl"imutl, and the fine IH'ovidrd for in subscrtion 2 of articlC' 4!Jl of tlll' Penal ('ode should IX' imposed. Tlw s1•11tc11C'e of th£' court bl'low is therefore modified, and <'lll'h of the said drfendants is hcrC'hy scntencl'd to he imprisonrd fm· thr trl'm of six ~'ears of prisi6n cur/'ccciom1l, nnd cuch to pa~· a line of 2il pesos and tlw costs of this suit or in (]pfault thNrof to suffrr subsidiary imprisonnlC'nt. .\rC'llano, C . • J., Torres. Willard. urnl :\fapa .. J.T., roiwnr. ('oopn aml i\frDonoug-h .. T.J .• diss(•nt. ./udy11w11t modifird. [No. 972. March 14, 1904..] ,fn,<;;p, l'. f,. GOSZAll:I, pfoinliff nud nppd/rrnt. r.'I. C.1R.l!RY P. DB CANWl'l~', dc{c11dn11t a11d (/ppclleC'. 1. ~•:w TRIAi.; SF.CO:Sll TRIAJ. BF.•'Ol\E SA)IF. .JenGE.-Unlt'SS the Suprcmc Court when granting n n('w trinl 1lesignntes another judge for that purpose thr original trh1\ j11dgc is not clil'<111alified to hear nncl decide the e11sc. 2. APl'F.1.1.ATE PmlCElll'IU:: 10:\"u;w en' E\'llJENCE: FINlllNGS OF FACT; i\IOTION n111 A N£W TH!At .. -In thc nbsence of n motion for n nl'W trial upon the gronnd that tht• llndingi; of fact are not l'Uppotlcd by the eddl'ncc the Su1mm1e Cnurt will not n·Yit•11· the P\'it\cncc or l't.'try the issut•s o[ fRct. OFFICIAL GAZETTE 347 3. PLEADll'G .umPllACTICE; EvIDENrE; D~:)IANll ~-ou ,\1•ro1Nnlt:l'\T(WCmrn1s.~10N TO SUKVEY Pnon:UTY IN LITIGATION.-lt is not error fur the trinl judge to rcf11s1• to nppoiut n commission to survey nnd mnkc n p\nn of propert)' in Jitigntion; H c\'idenct• of this (•hnmctcr is reqnin•d it Is thl' duty of the pnrty offering lt to lmve the survey mmlc nm\ the11 present the snr\"eyuri; ns Ills witnesses at the trh\I. 4, E\°IDENCE; W1TN.:.S.'>t:s.-Tht• fact thut one of the witnesses for tll(' dcfl'ndnnt hnd l.Jet•n forlllerly th(' lawyer for the dcfenc'hmt <locs not d1S11unlHy him. j, I~;·~t::~~~~\~~:~:l~l'r:Tf;::~-~1\;!~i~i~~ni~1:1~.~t~,~1~:'.':;:;~1~1~~~:~;e~~1~1:~:~s~~T~~J~ lnw which rcquirt•s this in ch·il cnst•s. .\PPE:\L from ;1 judgnwnt of tll(' ('0111-t of First l11st:im·p nf XPgros (lrridPntnl. Th<> fnds nn• sbttt•d in tlw opinion of tlw <"Ollrt. HA~IOX X. ()Jtor.co. for ap1u•llant. P. <~. HoTllKOl'K, for ap1wllt>t>. W II.I.ARD, J. : This <"ils<' has lx><'n ilf'forl' thl' court on tlll'<'l' former orC'asions (I Off. Gnz .. 525, :Uti .. l;J). ()n April I. l!l02, n judgnwnt for tlw drft•ndant wu,.; n•wr,.;1•d, and 11 TW\I' trial gnmh•tl (I Off. l:nz .. rd;)). l'pon tlw lit'\\' trinl jml1!11wnt wa,.; again on\l•n•d for thr d<>fendnnt. Th<> plaintiff t'Xl't•pt<>d to the> j111lgnwnt. hut did not mo\'<' for n new trial. In thl' dcl•i,.;ion of Dcl't•mher a. l!l02 i I Off. (;az .. 4ii), in Jll'OC<'('(ling:< to ~l'ttlc> a hill of l'Xl't>ption:-;, wt• lwhl that we could not Wl'igh tlu• 1•vidl'nce nor rc>tr,1· till' qupstions of fact. L'ertnin C'XC'l'ptions. hm1·c>1·l'r. npp1•nr in tlw rc>l'onl, which 11·ill bl' ronsidPred. I. Tlw case w11s triNI originally in th<' SJ)('dal 1·omt of Xegrns. Cl'<'lltPd by Al't ltiU of tlw Commission. \\'hl'n tht• lir,.;t judguwut 11·a,.; r<>1·prsPd· am! n 1ww trial ord1•r1·d it was rt•tril'd in thl' snuw 1'011rt. against the ohjt•l'lion and <'Xl·eption of tlw plaintiff. lib (•\aim' is that, a ne11· trial having ])('t•n orth·1·1,cl. ii ht•rnmc n !WW t•a,.;e nml ronsrqul'ntl~· was not a ea,.;p pl'ntling on .!um• Hi, l!lOI. Thl'rt' j,.; nothing in thi,- point. Thl'l'<' was only on<> ,.;uit pt•nding lK.fwt•l'n th<' parties. Tlw 1ww trial wa,.; a 1ww trial of tlw olcl (';\>i(', :2. The plaintiff claim,- that .Judge Xorris, hal'ing tril'll thr c·a,;t• 011r1', 11·;1,.; di,.;1pmlifil'll to try it thl' ,.;c•t•oml tinw. Hect.ion 50-1. of thl' Codl' of l'ivil Prol'edm·l· allows llw Supreme l'onrt. wlwn a new trial is grnntl'll, to d<>signntl' anotlwr j~Hlge for that 1nnposl'. This is not mnndator,1·. howp1·pr. .Judgl' Xorri,.; was 1•0111pPtl'llt to try the ensl'. :t The> romt ht"]ow. in it;; decision. found that tlw dt>f<>rnLmt had fH•11uin•tl tit\(' by lll'<'scl'iption to tht• usp of thl' waters of thl' c·o11ml in CJUPstion. rnul that wlwn tlw municipality of Granada 1·lo,;t>d thl' <'anal it mu; al'ting without. authority. aml was a nwre trt>spassf'!'. The app1•\l:rnt as,.;igns this holding ns 1•rrnr. It is not ll<'t'f's>'a1·y to dPtermi1w thi,- qnrstion, lweuu.~r the 1•mnt found also as a fnl't that nft1•r thl' l'anal hud !Jpt•n elosr1I tlw dPfl'mlant op1•nrcl anotlwr canal whi<·h fnrnislwd thl' plaintiff tlw sunw 1Jo1n•r with whil'h to opPrnt<> hi,; mill a,; had tlw old 01w, um! that he h;u\ not b<'l'll dnnmgt•d h,1· tlw al't of tl1l' munkipality. The plaintiff was not tlwrrfon• 1•nlit]('(\ to n•sriml tlw h•a."I' by r<>ason of this net. Tl11• up1wllant insist,; that t.lw c·1·iclcnl'l' showrd that the new <'anal 1litl not furnish thl' ,.;;rnw pm\'l'r ll>' thr old onl'. hut as has hPPn >:aid hl'forl', we ha\·e no pow('I' to l'etl'r that qm.,.,tion of fnl't. 4. \\'I' lm1·1' all'eady lwhl that the failurl' of the defl'ndant to furnish tlw C'arts calll•d for by tlw contract 11·as no ;..:rnmul for its r<'seission. (l Off. Gnz., :i2i'i.) ri. By thl' contract of lr:1sl' thl' drfl'ndant let to the plaintiff tlw hn<'il'mla callptl "Rosario." It 1rns stated thrrein that it contai1w1\ about (j()() hrl'tlll'l'S, l\Jl(\ t\Jp hot11ld1ll'ies tlwrt•of \\'C'I'(' giYl'n. Thi' plai11tiff rl11ims as onr of hi,; gronnt\s fo1· l'C'.'iC'iflsion that thr lun·iPmla inC'\Ut\ed tlw trart known a,.; "Lnmmrirn," of whil'h tlw 1lt>f1•11elant nr\·1·r pnt him in po.<;>:l':<>:ion. The l'omt mac\(• tlw following fimlings upon this JlOint: "It b clearly s('('ll fmm thl' evidence that when the plaintiff took possl'ssion of the Rmmrio estate, which was when the contrnct of l<>nsP was drnwn up, th<> r<'prcsf'ntati\'e of defendant accom· panil'd tlw plaintiff and d1~,.;ignatl'll the land and bounclaril's of the snitl l'statl'; that tlw lands whid1 Wl'l'e delil·ered and the hounclnril's which Wl'n• drsignntPd did not include the pa1·cl'I <'allcd Lausurira.' "That thC' plnintiff remainPtl in possl'ssion of the said estnt<' for morn than a ~·<>11r. without making an,\' claim for said p1ll'C<'l of ]anti. 1111d that the first claim adnrncPtl by him in connection tlwrewith wa,; wh<>n he askl'd for the !'l'scission of the contract, foumling ,.;aitl clnim on otlwr grounds. No cvid<'llC<' whate\'CI' has l1Pl'll Jll't's('lltl'd for the pmposc of showing that the Rosario f'statl' hns not an arl'a of liOO hccbu·rs, more 01· less, exclusfre of t.lw parcl'l callctl 'Lawmril'a,' and the court finds that it was not \ht• intention of any of tlw partil's in said contrnct of ll'ase to include snid pan•p\ of land, and that the plaintiff has not lll'O\'(•d hi,; allt•gntion in n•,.;1)(•rt to this point." Tlws1• finding..i an• conl'lu,.;iv<> against the plaintiff, as WI' can not rl'vi<>w th<' 1·1·idl'nr<' for tlw purpos1• of Sl'l'ing if thl',I' nrl' SllJl)JOl'lC'tl by it. ti. At tlw t'Ollllllf!ll<'l'llH'nt of tlw introduction of evidenee at thl' trial tlw plaintiff a,.;kl'd thut tl11' <'ourl appoint a couuni ... sion to >'111'\'I'~· aml mukl' 11 plan of the luwiPmla, according to tlw honndal'il';; dt•s(•rihrd in tlw ll'asl'. and to nwasure the motfrc pnwt'I' furnislwd by earh of tlw two canals. H1• 1•xeeph•d to the n•fu,.;al of llll' l'Ollrt to appoint ,.;uch a commhision. This wns not a n•fu,.;nl by tlw 1•ourt to rl'l'l'il'e (•1·id1•n<'r offl'rl'd b,1· tlw plaintiff. HI' ,.;hould hims<'lf have prol'urecl thl'sl' Pxperts, caused tlwm to .'>\11'\'t•y thC' Jami and 11\l'llSlll'(' the wat<'r, and thrn presPnt tlll'm as hi.'i witnl'sSl'S at tlw trial. As is saicl hy 'tlw dt•h•nchrnt's coun.~l'l in his hl'il•f, it was not tlw tluty of the eourt to makr, nt it.~ l'XJWnsc, 1rn in\·estigation for the purpose of asl•rrtuining if tlw fa<"t>1 nll<'g<'d in the pl11intiff's l'omplaint 11·pre trul' or not. The motion of thl' plaintiff that a l'Olllllli>i:<ion of hookkPPJlPrs ii<' nppointPtl to nsl'Ntain what th<' plaintiff's dnmag<'s WC'l'I', wns pro1)('rl:'I' dl'ni1•d for the .'illme l'<>ason. 7. Tlw fact that one of tlll' witnl'ss1•s for the dc>fl'mJant had lwl'n formf'l'ly the lnwyl'r for tlw tl<>fenc.lant in this suit was no grouml for rPjecting his tl'stimon,1» (Codl' of <.'ivil Pro<'ednrc>, ,.;r('s. :l~2 and :lftl.) 8. Thi' 1l1·11ial of th<' motion of tlw plaintiff that tlw t<'stimon~· of the witrn•,.;,.;1•,.; lw tnkl'll down in writing was not <'ITOI'. TlwrC' is no 111·0\·bion of law whic·h rcquin'S this in ci1•il ca.'lC'S. !I. Wt• hnw ahead)' hl'ltl ~I Off. Gaz .. 4ii) that it was not nl'cessar~· to incorporntl' in tlw bill of t•X('C•ptions any of the do<'lllllPnts presentl'd by tlw pluintilf. and rect•iwd in evidence without objection, 11·ith tlw 1•xc·c>ption of dol'nnwnt Xo. 14, whiC'h docs so appear. Xo f'Xct•ption.~ otlwr than thos(' lwreinlwforl' disC"t1.,.se(\ art> nwntioiwd by thr ap1wllant in hi"' ns:<ign111rnt of <>n·ors, or 1m)'wlwrt• rl'fl'rn•d to in his bri<'f. Tlw judgnwnl is allinnNI. wilh th<' <'Ost of this instancl' against tlw npp1·llant. c\n•llano, (', ,J., Ton<'s, ('ooprr. :\fapa. :\IcDonough. nml .Johnson, ,J,J., ('Oll('\11', .f11tJ.q111r•11f flQit'mNl. [~o. to.-,;. ;\larch 15, 190-i.] :I \"l'O.YIO fJO.IJR.Yf,'C/I, plailltiff an<l a-ppcllre, v.~. tL\'ART.4NIO .110.\''l'RR, drfc11dant and appellant. 1. APPF.1.1.A.n: Pnon:1>t'nE: FINDINIJS (H' FACT: :IIOTI0:-1 ··on A ~EW TIUAl,,-ln the 11bsC'11rc of 11 motion for a new trial the nppellntc <'ourt will assume the racts to htl as found by the trial <·ourt. and will render judgment accordingly. :!. CONlllTlOXAl. SAi.i~: 1''Ail.URE TO REllEt:M \\'!THIN TrnE STtl'Ul.ATt:n.-Tlw snle of real propert~· subject to the condilion thut the vendor may repurl'llflse within thr period stipulated bcroml'-" nhsolute In cnsc the right to r('(leem is not excrri~t'(\ within !ht' time Hxt•cl hy tht• terms of lh1• ('ontrnC'I. OFFICIAL GAZETTE APPEAL from a judgment of the Court of First Instance of lloilo. The faC"ts 1H<' stat.('(! in thC' opinion of th<' comt. 11AKTHJA!'i", J\L\Ul'U:, ~OT.IGNAC, J\h'CABE & GUTH:RRRZ, fol' nppc•llant. ENIUQn: BAllRF.l!A. for nppellC'C'. ,\11~:1.L\XO, C. ,/.: The onlr 1111<':-;tion in this <'as<' is wh<'tlwr the plaintiff i.-. <'lltitlctl to r<'con'r llw possl•ssion of a pieee of lnml whiC'h was soltl to him 1mdc•r nn agre<'mPnl to r<'1n1n·lmse in the Y<"lll' 1892, tht> land not having hc'l.'11 repurchast>ll i11 the pt>l"iod of Olli' yenr from t.he 1!t1t<' of the ('ontrnet, it having b<'<'ll stipulated tlmt the lnpse of this t1•rm without thc exl'rcist• of thr right to l'l'J>Urclmse woultl eOl\\'('I'{ the sale int.o nn nbsolnt<' nntl il'rC\'Oc11bh• conveyance. Jn his 1rn:;w1•1· the dt>fcndnnt all<'g<'d that he Juul repaid the 168 pesos mentioned in tlw deed H!'i th<' pm·chas<' price received by him. In the decision of the rourt bl'low we find th<' following finding: "Th<' 1lefemlnnt has not paid to the plaintiff the sum of 168 peso!! or any pnrt thereof." 'l'lus fimling luH·ing be1•n made nnd there being no motion for a lll'W fo1· the 1mrpos1• of this appeul Wl' must assume that the pul'rhnsc pril°C' was noi rC'turncd and consequently I lu1t tlw right to demand tlw 1w·om·epllll'e was not ('Xe1·ci>ird within the term stipulated. This being so, tht' effect of the nonpcrformanc<' of the rcsolutory eornlition attuclwd to tht• sale, to wit. "but if the said p<'riod should expire without tlw exercist• of the right of n·demption, this sale shall bcconw absolut<'." was lo n•.<;t the fct> nb.->olutely in tlw pluiniitr ancl cons<'quentl;-.· he was entitlt>d to l't'con•r his prnperty ancl SU('h was th<> drdsion of the court helo\\·. Th<' judgment nppC'alC'd is thl'rC'forc a!Iirmed, with the costs of this instam•<' against tht> uppt•llnnt. It i!! so ordered. Torres. C'oo1ier, \Yillanl, M11p11. urn! ~frDonough. J,J., cnnc·m·. • Johnson, ,J., did not sit in this cas<'. ./11d9nw11I 1iffinncd. BUREAU OF CUSTOMS AND IMMIGUATION. Xo. 158.-lmmigmfion ta.r on ('liincsc paso11.~. )[AXILA, Avril 1.i, 1904. 'l'o all collector.~ of customs: PARAGRAPH I. You are herC'by 1lirrcted to eollcct an immigrntion tax of $2, Cnitcd States Cllrl'C'llC')', for C'uch and every Chinese person or pcr.~on of Chinese dcsc1•nt who shall come by steam, sail, or other vessel to any port in the Philippine Islands: Provided, That >inch Chinese pNson slmll arriv<" from 11 port outside of the Philippine Islands. PAR. II. Paragraph III of Chin<'sc ancl Immigration Circular Xo. 114 is hel'ehy revoked. H. B. McCOY, Aclin_q Col/ertor of Customs for tlw Philippi11e Jslm1d.~. Ct:STO~IS ADMINISTRATIVE CIJ\CULAl!S. Xo. 302.-I'resC'ribi11g lights fur i:c.~scls under v.:ay and at anchor i11 <1lf harbors of the Philivpi11c f.~lmrds (regulation.~ adopted literally from Ow lnlcn1<1tio1wl <:ode aml t11c Inland Code of the United Hta.tcs). i\IA~IT.A, Marclt 19, 1.901,. To all <"oil cc tors of customs: PAHAGRAPII I. Th<' following rnlr.'I, ]ll'Cseribing lights for wsscls at anchor ancl urnlf'r way, shall bt• observed from sunsf't to sunrise ut 1111 port:s in the l'hilippine Islands; and during such time no other lights which may be mistaken for the prescribed lights shnll be "exhibited. PAii. I I. Btcam ·ve.~sels.-A ste11m \·cssel when under wny !ihall <"arry: (<l) Masthead liglit.-On or in front of the foremast, or if a vessel without a foremast then in the fore part of the vessel, at a height above the hull of not less than 20 feet, and if the hrenclth of the vessel exceeds 20 feet then at a height above the hull not less thnn such b1·cadth, so, how<'vcr, that the light 11t•1•cl not lw canied nt a greater height abO\'C the hull than 40 f1•1•l, a bright white light, so constructed as to show an unhrokf'll light <ffer an arc of the horizon of twenty points of the 1•0111pass, so !ixe1l as lo thl'ow the light ten points on each side of the wss1•l, namely, from l'ight ahend to two points above the h<'lllll on eillwr side, and of such a character as to be visible nt a dislauce of nt least 5 miles, ( b) Sillc lights.-On the starboard side a green light so constructed us to show nn unbroken light over an arc of the horizon of t1•11 points of the eompass, so fixed us to throw the light from right ahead to two points abaft the beam on the starboard side, aud of snl'h n chnrnctcr as to be visible at a distance of at least 2 miles. On t.he port side a red light so constructed ns to show an un! broken light over an arc of the horizon of ten points of the compass, so fixed ns to throw the light from right ahead to two points abnft the lJeam on the port side, and of such a ehameter as lo he visible nt it distance of at least 2 miles. Tlw said green and 1·ctl side lights shall be fitted with inboard scn'cns projecting at least 3 feC't forward from the light, so ns to prf'\'C'llt thes<' lights from being seen acl'oss the bow; the>:<' sC'r('c•ns to be fixecl on the vessel in a permanent position. {c) R1111ge lights.-A whitP light, similar in construction and in addition to the light mentioned in subdivision (1i) of Pnr· agrnph I I, may be canied by 11 !'iteam vess<'I when under way . Tlws<' two lights slmll be so placed in line with the keel that one >ilmll hr at least 15 feet higher tlmn the other, and in such position with rf'fel'ence to each other that the lower light shall be fol'wnrd of the upper one. The vel'ticnl distance hetwe<'n thcst> lights shnll be less than the hol'izont:il distance. (d) lrhc11 toiri11g.-A steam vessel when towing anothcl' vessel '<hall, in addition to her side lights, carry two bright white lights in a V<'rticul line one over the other, not less than 6 foet apart, ancl when towing more thnn one vcss<'l shall carry 1m additional hrighl white light 6 feet abo\'e or below such light, if the length of tlw tow m<'asuring from the stern of the towing vessel to tlw ."itC'rn of the last vessel towed exceeds CiOO feet. Each of thest> lights shall be of the same constnwtion and character, and shall lw ('llrl'i<'d in tlw same position, as the white light mentioned in !'illhclivision (a) of Parngrnph II, l"Xl"<'pting the additional light, which nm;-.· he curried at a height of not less than 14 feet above t.lw hull. Such steam vessel may l'arry a small white light abaft the funnrl or aftermast for the vessel towed to steer bJ•, hut such light shall not be visible forwnl'd of the beam. PAR. TII. Spccirtl li,qlits.-(a) A vessf'l which from an}' nccidl'nt is not urnil'l· eomnmnd shall earry at the same height as a whit<' light ment.io1wd in subdivision (a) of Paragrnph II, wherr tlw,r can hc>st bl' seen, and if a steam vcss<'l, in lieu of that light, two red light>:, in a vcrtical lint> one ovrr thr other, not less than Ci fl'C't apart. and of snC'h a clmrnctcr 1H1 to be visib)(' all around the horizon nt a distance of at l<'ast 2 miles; and shall by day carry in a vertical linl' one owr the other, not less than 6 feet npart. whrl'<' they ran hest be seen, two black halls or shapes, C'arh 2 ff'rt in diameter. ( b) A v<>ssel <'mployC',J in la}'in~ OI' in picking up a telegraph cahlr shall earry in thr sa11w position as the white light mention1•d in subtli\'ision (a) of Pnrngrnph II, and if a steam vessel OFFICIAL GAZETTE 349 in lien of tlmt light, three lights in a Vl'rticnl line one on•r the other not i<'ss than 6 feet apart, The highest aml lowest of tlwsc lights shall be red, and the middle light shall be white, nm! thC'y shall he of snC'h n clmrncter as to be visible 1ill around the horizon, nt ii distance of at least 2 miles. By day she shall <'any in a wrticnl line, OJU' over the other, not lt•>;s than Ii fret apnrt. wh<'rc thC:i,• ran hl'st ht> sl'cn, three slmpt•s not i<'ss than 2 fopt in dinmctrr, of which the highc,;t and lowest sh11\l ht• globular in shape and red in color, and the middle one diumoml in shnpt', nn<l white. The ves,;C'ls rrferrcd to in this paragraph, when not making way through the wate-r, i:;hnll not C'arr,\' the side lights, hut when making Wll)' slmll carry them. Thf' lights and slmp<'s r<'quil'<'d tn ht• :-;hown b,v this paragraph arc to he btkt'n hy other \'PSSC'!s a,.; ,.;il!nub thnt the v1•,.;s('] showing them is not undl'r t'ommnml. nnd can not, therefore, grt out of t.h<.' wu;-.·. These signals an· not signals of \'C'ssels in di,;trl'i'1>l, and requiring assistance. Such signals are prescribed in Parngraph X of this circular. PAR. IV. Lights for saili119 t'rwscls and 1,·cs.<;cl.<; iii tow.-A i-oailiug \'C'SS<.'I under wn;-.• and any vcssf'l ht'ing towl'd shall carr~· the snme lights as are prescribed in paragraph 11 for 11 steam ve!o;sc] unclN way, with the exception of the white lights mrntioned lherC'in, whieh they shall never carry. PAR. V. Ligllt.<; for small 1'Cssef.<;.-\Yhcnc\'t'f, ai; in thl' cniw of smnll vessels under way dming bad weather, the grt'en ancl reel side lights can not br fixrd, tlwsl' lights shall be kept at haru\, lighted and ready for use: and shall, on the approach of or to other vessl'ls. be exhibited on thPir rrspl'<'tiw sidl'S in snfficirnt time to prevent collision, in such manner 11!'1 to mnkl' thl'm most visible, and so that the grl'en light shall not I){' SPt'n on lh<' ]IOl't side nor the red light on thl' stnrhoard sidr, nor. if prll<'ticahll', more than two points abaft the benm on th<'ir l'<'spective l'lidP!'I. To make the use of these portable light.c; moJ'<' l'ertain and ('asy, tht• lnnterns containing tht>m shall C';H'h IK' painfr1I ontsirl<' with tlw l'Olor of the light they respecth·el;o.· contain. urn\ shall be provi1l<'<l with proper screens. PAR. VI. Lights for small ,<;team Vt'ssd.<1 1101 filll'd will! llHl.'/l.v, small sail vessels, and open boats. I. Small steam vessels not fittl'd with nmst~ shall carr.\'( a) In plnce of the masthead light provid<'cl for in ~nh11idsio11 (a.) of Pnragraph II, a bright white light. fix<'<l PithN on the funnel at. a distance of nhout fl f<'rl from the 111111. 01· at ahont the same distance from th<' hull at the forward <'ml of the awnin~ ridge pole, such as vessels of thii; elns;; <'arr;-.• at thr pr<'srnt iim<'. (b) Side lights, as prescribed in suhdivi><ion (h) of Pnragraph II. (c) When towing otlwr vessels, in 11ddition to th<' whilr light prescribed in subdivision (a) of this parngraph, anotlwr white light so fixed a.<; to be bC'low the first, and on the gunwalc of the vessel. (d) When at anchor a bright white light forward, where it can best be seen, so construC'ted that it will sho\'I' n clear, un· broken light all around the horizon at n distance of at l<'ast l mile. Pro1Jiti.ed, That small steam \'C'ssels not fitted with masts may carry, in place of the lights prescribed in this pnragraph, with the exception of the towing and anchor lights, a combined gref'n. white and red light, fixed in the same position as prescrib<'d for the white liJ?ht in subdivision (a) of this paragraph. 2. Vessels under oars or sails, such ns lorchas, eascoes, haneac;, paraos, and other vessehl of like class. of ll'ss than 20 toni;, shnll have ready at lmnd a lantern with a green glass on one sirlt' nnd a red glass on the other, which, on the approach of or to other vessels, shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. 8ueh vessels when ut anchor shall carry a bright white light in a lantern, so fixed as to be visible all around 1.he horizon at a disbuwe of nt leust l mile. The Vl'..,;sela referred to in the foregoing parngrnph shall uot be l'C'<(llin•(I to carry the lights prescribed in Parng111phs Ill and VJIL PAii. VII. l~igltls for rm OVC'l'takcn vcs~·cl.-A \'csscl which is ht•ing ovrrtnkcn by unothel' shall show from her stern to such lnsL·nwntio1wd \'C's!>:cl n white light or a flare·up light. The white light required to be shown hy this parngrnph may h1• fix('(I and carried in a la.ntcm, hut in such case the lantern shall be so conslrncted, fittf'd, and screened that it shall throw an 1111hrok<'l1 light ov<'r an are of the horizon of twelve points of the compass, 1111111ely, for six points from right aft on e1.1ch side of the vessrl. so as to be visible at a distance of nt least I milt'. Hm·h light shall be c111Tied as nearly as practicable on the same h•\'r 11s th<' side lighl-.. PAR. VIII. Anchor li,qh/.<;.-A vessel under 150 feet in length wh<'n al anchor shall <'arry forward, whcrp it can hest he seen, hut at !I hright not CXC<'Nling 20 feet above the hull, a white liglil. in a lantern so <'onstrudcd ns to show a clear, uniform, ancl unbroken light visible all around lhe horizon at a distanec of at lt•ast I mile. A \'('SS<'I of }i)O fr<'l or upward in length whPn at anchor shall l'al'I',\' in the forwal'd part of the YC'SS<'I, at a height of not less than 20 imd not rxcrc<ling 40 f<'et above the hull. one such light, nnd nt or near thC' st<'rn of th<' ves.c;l'l, nnd at such a height thnt it shall bP not less tlmn l!i fcpt lower than the forward light, anolll<'r snch light.. Tll<' lrngth of a \'l'.'is<'I slmll hr dc<'med to be the length appear· ing in h<'r <'<'rtifieaW of l'<'gistry. A \'l'siwl ngrnuml in or ll<'lll' a fninrnv shnll canv the above lights nnd I.hr two red lights prC'scribed' b;-.• Parngrn~h 11 I. sub· dh•ision (a). PAR. IX. Rpcl'ia/ .<;iymtls.-F.v<.'ry \'essrl ma~·. if necC's><ary in onln to nttnwt att<'ntion, in ncMition to the lights which slw is hy thrs(' ruh•s r<'quirccl to can·;-." show a flnrc·np light or 11S<> an,\' ill'tonating si,1.,'Tlal that <'an not h<' mistaken for n distrt'ss signal. PAii. X. lJislrr.<1s .'lif!mtfa.-\\"hen a vcssrl is in distress 11ml rrquirPs 1H~sistan<'<' from anotlwr YCi'lSl'i or from the shore. tlw followinl! shall h<' the signnls to hr US('(! or displayed by her. t•ither together or separatrly, namely: TN THE DAY'fL\IE. First. A gnn or olhl'r cxplosi\'C' ><ignal lir<'<I at interrnl..: of :1hout a minute. Rr>roml. The inl1!rnational (·ode ... ignal of distn•,.;s indicated 11,v N. C. Third. Thr distam'<' sig11111. consisting 0£ a ><cpmrr flag, having <'ither ahOV<' or lwlow it a ball or anything resembling a bnll. Fourth. A conlinuous sonmling with 1111;-.' fog-sig1wl apparatus. First. A gun or other cxplosh't' signal fired al intervals of about a minntr. 8ecoml. Flam<'s on tlw V<'Ssel (as from a burning tar lmrrel, oil bnrrel, aml so forth). Third. Rockets or shells throwing stars of any color or description, fired one at n time, at short intervals. l~ourth. A continuous sounding with :my fog-signal apparatus. PAR. XI. This circular shall hC' printC'd in English and Rpanish. and upon receipt of n supply of saml', collectors and other 0£· fic('I',., of thl' Customs shall <'anse to he immrdiately delivered to tlw mastn of each vessel rngagccl in the trade in their r<'spectiv<' c\istricts. nml suh.i<'ct to tlw ri:>gulations ht'r<'in prescribed, a cop~· of thi.'l l'ircular, in tllt' lnngunge dl'sircd. PAR. XII. Tht' forC'going regulntions shall go into cff<'d at all ports in the "Philippine Islands on April l, 1904. 350 OFFICIAL GAZETTE l'AI!. X 11 l. l'hilippi1w l'Ustoms o!li(•t•rs a1·1· t•njoined lo gi,•c \\"id1•,..1ff1•111l pnhli(·it,Y to thl' frm1" of this t'il"('Uhll'. PAR. II. Mash•rs of coaslwisc wsst•ls on entering a coastwbc port or C"oastwisc suhport :-;hall, as soon as inspected by the (jll<ll'Hnti1ll' olliC('r, jJl"oce<•d in person to the ollice of the in:-;pector of customs, and umk<' cntr,\' of thcil' nsscls, by depositing with the inspl'rtor of customs the original manifest of pussrngers uncl H. U. :\ld'uY. .lcti11!f ('o/kdor of ('uxloms for IJH· l'hifippi11c falmulx. ~o. ;rnH.-/Jlll11f; formx ,mid by l'ftifiJll>in(' r:1111/011rn s('l"ric('. :'.\lA:-;1LA. Awil w, l!W.~. cal'go on hoar1l llw ,-1•ssel for the port, and pa,ying the entrance fC'1• provi<l(•d h_v law. Customs stamps in the required sum, as JH"ovid1•d for in s1~etion 284 of the Customs Administrative Act, 11ml'nde1l by Aet 078, shall be attnchecl to the manifest presentctl to thr inspl'C'tor, in payment of the entrance foe. 1'o 11/l ('o/lrclor.<; of ('11.~lomx: PA!t.Wl!Al'll I. Tlw fol\owiug 1·;1h•s shall h1.• <·harw·d for blank forms solcl hy eolh•dors and inspectors of l'Usto1m; in the Philip· pine Islands: P>.n. III. Passengers shnll he allowed to land at once upon arrival of the ,-essel and after inspection by the quarantine officer. a111l shall not. he dctainl'd pending the entrance of the vessel at the ollit·<> of the insprctor of customs, l"orn1 Xo. 2:>. l'hilippi1w ('ustoms l-i1•1'\'ic1•, Expol't Dl•(•h1rn· tion. pt•r st'l ori:.rinnl aml duplicate ..................................... ro.0:-1 l'AR. !\". Betwern the hours of sunrii;e 111111 sunset cargo may .n:; h(• unlnd(•n brfm·I' th<' vessel IHt>i regularly entered at the olfice of the inspc1•tor of customs, as provided for in Paragraph II of JI.) tht'S(' l'l'l!Ulations, but ><Uch c11trnnl'e shall be pnfcctccl prior to thl' elt•araner nm! d1•parh11·<' from thr port at which such t•urgo .O.l is disehnrw•tl. Form Xo. 2ti, Philippiiw ('ustoms SN,·icr, Pa,.;s1•11:.r1•r :\lnuifl'st, eneh ... Form Xo. 40, Philippilll' ('nstom:-; ~rn·ic1'. :\lanifpst, ral'h ... lmmi:.rrnlion Form Xo. (j;l, Philippi1w Customs R1•n·irl'. \\":irC'housin;.! Born!. C'at'h Form Xo. 72. Philippin<' ('u.~toms 1-irni(•r, Coasting :\[anift'><t. prr ><Pt of original arnl 1l11plit'ah• ... Form Xo. 7;1. Philippim· ('11,.;toms 1-il'n-ict', Con,..ting- :\Inn· ifr><t. for Transit Cargo. !'aC'h .. Form Xo. HH. l'hilippinr C'ustnrns :-;en-ic•1•. Fnn•i;.!n :\la11if1•st (011tm1rd), raC'h ... PAii. \". Xo 1mnumifrstC'cl cal'go, except for the United States .O.J .\.r111y or X~n·~·. or thr Insular f;o\'e1·nmC'nt, shall be disch111•i-,red from a \'1•:-;sel ('XCC'pt by pennission of the collector of customs .O,J within whos<' collection district the coastwise port or coastwise .<:.ubport is l()cated. l'An. \'I. ~hould n ns.'ll'I have on hoard cargo for the United 1-ilah·.~ Anny or Ka\'y or tht> Insular GoVC'l'lllllent which is Form Xo. R!l. Philippin<' Customs l-i1•rvi('C', Forc•ig-n :\lauifrst I inwnrd). Pach Form Xo .. !J(i. Philippinr Customs /-i1•ni1•1•. :\lanifrst nf Ships' :-;torc•s. C'ach. Forms Xo. :n and 162, l'hilippilw C'n><toms 8<-nit'C' .. LaJl(\i11gC1•rtificatrs, ra('h ... .(ll unmimifPsWd the ins1x_>cfor of customs shall pcrmit the snme to h1• at ourl' discharged, nm! shall immediately render a report .O."i cowring tlw shipment, 1.ogt>ther with all the facts in the case, to tht> coll<>ctor of customs within whose district the port is located. .0.) PAR. II. At all port~ of ('ntry in llw Philippin<' lshmds, 1•xc·<'pt :\lanila, thr follmdng additional blank form:-; ><hall II(• sole! nt the mt<•>< lwrl'inaft<'I' prrscrilwd. until furthrr ordt'r>< from this offi<•t•: Form Xo. II. Philippinr Customs ~pn·iC't', Entrr for l111nw1lint1• ('ousnmption .. JX'r s1•t of original a111I dupli<·at1• . ro.o;; Funn Xo. 2-l!l. PhilippiuC' Customs ~1·nirl'. \\"itlulrawal PAR. VII. Lifeboats shall not be used for the purpose of disehnr,!.dng or loading cargo, rxccpt in cases of extreme necessity. PAI!. VIII. In 1•v<>ry cww whcrr lifC>boats are so used, thr master of thr \'l'ssrl >'hall make a written report to the im;pector of C'nstom><. srtting out all thr facts in the cm;e. This report shall he forwartll'cl by th<' insprdor of customs to the collector of c11,.tom>1 within whmw collf'ction district the port is located. PAR. TX. "!\fasters shall report in writing e\·er)' case of death from Bondrd \\"arC'house for Consumption, JlC'I' sl't of ori; .. dnal and duplicate ... .O.l ~;~~1;1~;:1~· ::sP~l:~r ~i~~:~:~·: f,:~1~~c c7~ta;~;;ist:\:11~fo;:~;:. ~::;•;I~ l'AR. I I I. :\fosters of l'oastwhw vcs,11•1"' al'l' hcreh,v nolifi(•c\ to officei·s·. and to. tlw inspector of customs. purehaw Form Xo. i2. Philippin<' ('ustoms H<-rvi<·(•, ('oasti11~ :\lanift•;..t, 11t ports of l'ntr~·, wlwrr thry lll'<' sold at. ft'O.O!i JWI' srt of orig-inal fill(! duplicnfr. A small .-;npply of tlwst' hfonks slmll lw furnishC't! to insprl'lors of l"n,..toms at coastwis(' ports for sal1• iu <•ases of C'lllC'rge1wy, at the rate of f'"0.20 per .-;1•t nf original ancl !luplieatC'. l'AU. IV .• \11 pricC's ah0\'1• ;!in•n an• in Philippi1w <'lllTl'll<·y. and tlw n•c1•ipts from tlw sail' of th1•,..1• forms ><lull! ht• ncco1111led for as ··."a!t•s of blank forms." PAn. V. Cu.~lom" Admi11istratin ('in·ular Xo. fi<i is hr1·1·b.v 1-f. H. McCov, .-lclin.y ('o/ff'('/OI" of ('111;lomn for Ille Philit>Pillc Isfo11d.<;. Xo. :JO!l.-/'ro11111/w11i11,11 rr!111lrlliom1 for r:1',<;nds rnlcri11.11 1rnrl df'f1ri11y from cort.<;lwi.w' po/'/.<; <llf<l 1•or1.<;lwinc nubporls; rc1,of,·i119 ('111;/0111.'1 .1dmi11i.<;/r11/i1·c r'irculur Yumbcr f!.1. JIANILA, .1pr-if 21, J!)O.t. 1'o r1/f (/01/cc/01"8 of ('11Hlomx: P,\llAGl!Arll I. Local eonditious in tlw blarnls ha\'ing chn11g-1•d and improved with rC'f<'rcnce to customs supcn·ision of the co1tstwis<' traclr. tlw 1·rgulations (Customs Admini><trntiv<' Circnlnr ~o. !)3) hrn•t.ofon• govl"lrning :Ir<' l"C'\'okcd and Sllp<'rseclrd by the followin:.:-. whi(·h are lnt<>nded as a modification, and framer} to make the same less exacting. PAR. X. Vess('!s entering a port at night shall display the pro1wr running lights. PAI!. XL Vessl'h; anchored in port shall dispfa)', by night, the prop1•r side and masthead light,.;. PAR. XII. No n•ssels shall enter a closed port without prnnission of a collector of customs. or of lhe inspector of customs :1t the last port of call touched by the vessel before proceeding to the closed port. and in eYery casl' wht>l'C permis!\,ion is giv<'n to C'ntN a closrd porl the entrance arul clearance fws for the closed port Rhall b<' collected by the inRpecto1· of customs clearing the n~ssel for such port. PAii. XITJ. EY<'ry entrance into a c\osl'd port without the n<'ccssar.v pt>rmission shall br rcport<'d in writing h)• the inspector of customs undrr whos(' notice it eomrs to the colll'ctor of cw;toms iu whosC' collection rlist.l'ict the port. is located. The inspector shall also make the following nolntion on the manifest of the "This wssrl entered the closed port of . . ....... on the ........ day of . rno ... without being- clrarcd therrfol' or huving the n•<111irl'd pcl'mission. (Signed) .... "Inspector of Customs." PAR. XIV. In t>xtruonlinnry casrs of entrance into closed pol'ts without p<'l'mi,.;sion, and whrrr the collector of customs can be renchcd by telrgraph. the inspector of customs shall report the OFFICIAL GAZETTE 351 ("asc by h•legrnph to the colleC'tor of customs, and hold the vessel until instructions l'rgarding her are re<"l'ived from the collector of C'Ustoms to whom the facts wrre reported. PAR. XV. Masters shall notify the ins1){'ctor of ('Ustoms in udnuwc of thl' hour their vessels arc rxpectc>d to leave port, and i<hnll pres<•nl manifosts in tluplicntC' 111·opt>rl,\· nUtdr out for all <•arl!o loaded at the port, and shall swear to the same bdorc th<' ins1wetor of customs. PAR. XVI. In ewry cn;;r wherl' live stock j;;. taken aboard n n-ss('I. insJX>ctor,:; of rustom:< ,;hall :-;re that a suffirient suppl)' of foragt" and fresh watt>r is loaded to feed and water the animals until their port of dm•tin1llion is f('aCIU'd; nnd no (•lraranC'<' shall he grunted a n~ssel londinix liw stock until sm·h a supply nnd forage is provided by the mnstl'r of the vessrl. PAR. XVII. Inspe.c_tors of customs ,;hnll h<' the judg.. of wlwn a sufficient supply of fomgl' nnd water has be<>n provided 1u1 rrquircd br the pr<'cl'ding paragraph. PAR. XVIII. Ppon thl' prl'S<'ntntion of thr manifest rl'foJT!'(l to in Paragraph II. the in.~pector of customs shnll <'nnse it to be sworn to as proYided by Pnrngrnph XV, and shall rrquirr thr masters to attnrh tlwrC'to cu;;toms stamps in th<' sum re· quirt>d by law. Thr oriA"inal mnnifrst 1'hnll thrn hr signed by thC' inspector of eustoms and deli\'C'red to the mnstrr of thr vessf'I. and the duplicntl' manifr;:;t sludl ill' filf'd in thr officr of tlw inspector of customs. PAR. XIX. No nslws. rimll'l's. or garhllJ.,l'('. or rC'fllS(> of any kirnl. shall be dumped or thrown O\'l'l'honrd whilt• in port. PAR. XX. Inspectors of customs iHI' l'njoi1wd to fncilitak- tlw discharge and lading of nss(']s in their ports h~· evny lf'gitimntc PAR. XXL .Vesst>l.s may dcnr from nn entr~· port in tlw Islands to another port without first prf';:;enting a romplefa• maniff'st of all rargo on board. A provisional maniff'st may he aC<'l'ptE'd h~· collectors of customs upon whil'h rlearnnce can he twrmittE'd. with tl1E' understanding that tlw ship's n~nt shall, within t.wl'nty-four hours after thr VC'ssel's cil'nrnnl'<'. Sundays and lr,!?al holidays <'XCepted. presE'nt to thC' collE'ctor of <'Ui'tOm!'; rlearing- thr V('SSC'l a completed manifest. g-iving in dE'tnil the usual pnrtirulars of all cargo laden on board. nml such mnnif<'st shall hC' nttachP<I to and filed with the corre~ponrling rrovisional manifrst. The ahow 1•xrmption shall not in any install<'<' appl~· to "Tn trau.-;it, forPign cargo," shipped coastwisP. PAR. xxn. In!';pcctors of ('\lStOJTJ>i shall r<'port in Wl'iting all Yiolations of customs law or thrs1• r<'gnlations that <'omc undrr thE'ir notice. PAR. XXHI. ThE' attention of all mastt>r" and offi<'l'l'S of coast· wis<' \'('!';!';<'Is. of coa!';t di!';trirt and dE'pnt~· roast distrif't insprdors of cu,:;.tom!';, and of insp<'dors of <·nstoms. is <'Sp<'riall~· (lir<'rtrd to ChaptPr X of thl' Philippine Cu'<toms Aclministrntin Act. cmtitlrd "Coastwi!';e trpd<'." PAR. XXJV. This l'ir<'nlar shall takr <'fff'ct ·Ma,v l. l!l04. PAR. XXV. PhilippinC' rustoms offi<'n.'I shall givr due publicity to the terms of this circular. H. R. McCov, :ldi119 Collcclo1· of Custom& for the Philippine lsla11ds. ~o. alO.-Closiuy lhf" por/,y of . .Ufon.<;o Xlll and f'J1ifrrnirrn, /.<;/and of Parag11a, to the coasticise trade. MANILA, April 28, 1901J. By authority of the Civil (;overnor of the Philippine falands. the ports of Alfonso XIII and Calasian. Island of Paragua, are hneby declared elost"d to the coa~twise trade. H. B. McCov, Acting Collector of Customs for the Philippine Islands. 17493-2 llANILA CUSTOll-HOU.SE GENERAL ORDER. No. 7;J.-,1mending Manila C11stom-Ho11sc General Order .Vo . . ~8. .MANIJ.A, April 27, l!JOIJ. PA!tAURAPH I. Paragraph IX of Manila Custom-House General OrdCI' No. 48 is hereby amended, to read as follows: ''PAR. IX. The arrastre charges on all merchandise landed at the custom·housc wharf shall be figured by multiplying the gross weight or gross volmne measurement, redueed to tons, of each <·onsignmPnt. as shown by the ~mtry or the hill of lading or b~· actual weight or mensnreml'nt, by the rate per ton. \Yhiehever makl'S tlw larger numhl'r of tons, the weight or the volume mensur<'nwnt. shall br u.-;cd, hut not both. A ton shall be 1,000 kilogrnm,; by weight, or 40 cubic feet by volume." H. B. McCoy, A<"li11r1 <Jollcetor of C11stoms for tlie Philippine Islands. MUNICIPAL SCHOOL WOUK. Governor's <1.ppreciation expressed. MANILA, April 9, 1901J. 8rn: I hil\'r the honor to inform you that you most favorable l't'ports luwc been received at thi~ office rl'ganling the attendance, interest manifested, and the gcncrnl good character of the public sehool work being done in Camiling, and I am directed by the ('jyjJ Governor to express to you and. through ,vou. to the school hoard and the people of ~·our town. hi~ sincere appreciation of the valuabh• assisbmer l'C'ndcr<'d h,\' the municipal officers and others in the premises. Very respectfully, A. W. FERGUSSON. fJxecutive Secretary. )Ir. '.\iAl'AlllO 1-'AGL\'. 1/u11il'ipaf J>rr.~id,~11/. f'nmi/i11!f, 7'1trfoc. APPOINTMENTS. B;\· the Honorable Civi1 Governor. Prod11ces. AMROS CA:\IARINES. .John Q. A. Braden. aC"ting provincial governor, April 28. Elmer 0. \\"orril', provincial supervisor, April 25. (:1•org1' ('urr)·· provi1wial gon•rnor, April l!l. EJi,;C'o Claravall, pro\'incial sccretar~·, Apl'il 26. bid1C'lo Abellanosa, nt•ting provincial secretary. l\Iay 2. :\luriano Espana, member of the tux revision board, April 13. ~Inximo Corrales. member of the tax revision hoard, April 13. By the Philippine Civil Service Board. F,;xcc11li1Je Department. EXECUTIVE BUREAU. L~:oopold Hoed('!'. clerk, :\foy I, $1,400; promotion from $1,200. II. H. Hodgson, clerk. Apl'il Q, $1.200; transfer from treaSUQ'. Alba)', $1,200. H. S. Hodgson. clerk. May I, $1,400; promotion from class 9. BUREAU OF THE JNSl.'LAR PURCHASING A. A. Blank, truck driver, ::\larch 3, $900; promotion from teamster, $720. 352 OFFICIAL GAZETTE ,John 0. Nicholas, chief wntchmnn, March I, $900; promotion from watchman, $i20. B. A. Green hood, clel'k, April !I, $900; probational appointment. C. B. Webb, clerk, April 9, $900; probational appointment. Albert Ellis, superintendent of trnnsportation, April I, $1,400; promotion from $1,200. Nicolas Santos, clerk, April !), $420; promotion from Class H. Owen E. Searson, teamster. April l-1-, $i20: probationnl np· pointment. Charles l\Iiller, clerk, April 12, $1,fJOO; trnnsfer from Philip· pines Constabulary. Cla~s A. J. F. Raynor, teamster, April 22. $i20: hansfer from ln!tular Cold Storage and Ice Plant. J. S. Robertson, teamster, April 22, :;720: trandC"r from In· snlttr Cold Storage and Ice Plant. Department of the lntcrio/". BOARD OF HEALTH FOR THE PHILIPPINE ISLAX!JS. Francisco Roxas, supervising vnC'cinator. April R, $3ti0; promo· tion from vaccinator, $240. Gustave Herman Maye, inoculntor, MnrC"h 21. $900; prcbntionnl appointment. Jose Asuncion, inoculator, April 11. $240; n·instat<"mcnt from sa.oitary inspector, Class I. Felix Nicolas, inoculator, Apl"il II. $240; rcinstah1ncnt from sanitary inspector, Class I. Dalmacio Lagrosa, inoculator, April 11, $240: reinstntrment from sanita'ry inspector, Class I. Casimiro Tapia, inoculator, April 11. $240; rein.-i~1tement from sanitary inspector, Class I. Ram"on Yan, inoculator, April II, $240; reinstatC'lllC'llt from sanitary inspector, Class I. Florentino Herrera, municipal physician. April 22. $750; probntional appointment. . Julian Macaraeg. assistnnt pharmacist. April 20. $240: prolmtional appointment . • Juan Gonzaga .Je!lena, telephone. C'lerk. April 21. $360; prolJ:I· tional appointment. .Joaquin Preysler, clerk, April 6, $600; rf'duction from Clnss A. FORESTRY RUREAt:T. Ralph E. Frazier, assistant inspector, April i. ~\900; prohntional appointment. Petronilo Cortes, ranger, April II, $300; prohnti :ial appointment. Aurelio Buhay. ranger, April 11. $300; probational a11pointment. Silvino Garcia, ranger, March 7, $360; promotion from $300. Lupo Diaz, ranger, April l, $360; promotion from $300. William L. Spurling, assistant inspector, April 8, $1.200; transfer from custom-house, $1,200. Thomas E. Borden, assistant inspector, April 17. $1,200: transfer from Bun~au of Education, $1,000 (teacher). Rolland Gardner, assistant engineer, April 22. $1.200: transfn from Bureau of Education, teacher. Jose G. Graham, ranger, April 14, $300; probational appointment. Marcial de .Jesus, ranger, April 20. $300; probational nppointment. MINING BUREAU. R. C. Redmayne, chif'f c1erk and stenographer. May l. $1,400; promotion from class 9. PHILIPPINE CIVIL HOSPITAL. Melvina M. McKcever, matron, April 1. $900: promotion from nurse, $720. Theresa Ericksen, dietist, April I, $900; promotion from nurs<', $720. Margaret l\foCann, nurse, April 3, $720; pl'obntional appointment. Roger Gorman, attenclnnt, April 27, $600; proliational appointment. BUREAU OF OOVERN~fKNT LABORATORIES. Gus M. Nell, stenographer nnd typewl'iter, April 3, $1,200; probational appointment. Adam D. Tanner, clerk, April 2i, $1,200; probational appointment. CIVIL SANITARIUM, BENGUET. l\lorton L. Monson, clerk, March I I, $1,200; transfer from class 9, Bureau of Gowrnment Laboratories. Depart mcnt of Commc1·cc and Police. RUREAU OF POSTS. Thomus \V. Coverston, cl<>rk, Jnnuary 22, *1,400; transfer from postumstcr, Malabang, Mindanao. ,John n. Horton, clerk, April 5, $900; probational appointment. lsanc N. Brann, clrrk, April. 7, $900; reinstatement. Numeriano Edrnlin, letter carrier (mounted), April I, $72'0; promotion from canier, $480. Raymundo Decena, clerk, .May 1, $180; promotion from $150. Cecilia W. Farwel, postmaster, Legaspi, April I, $900; probational appointment. William C. Carrick, clerk, Aparri post-office, April 23, $900; probational appointment. William B. Young, postmaster, Sorsogon, Ma~· I, $1,000; promotion from $900. Vicente Enriquez, cll'rk, Mu;-.• 1, $360; promotion from $300. Chatham -:\[izell, clerk, April 23, $900; trani>fer from first-class patrolman . R FrenC"h, <"l<>rk, .-\pril 2!l, $1,000; reinstatement. D. Delmar Douglns, <>lerk, April 3, $1,200; 1,:robational appointment. gdmond Sherwood, clerk, April 15. $I,000; probational appointment. ,/Honorio Lopez, clerk. April l. $240; probational appointment. Faustino Lumauig, engineer, April 1, $360; probational a.p· pointment. A.niceto C. Dionicio, patron, April I, $360; proba.tional 11.p· pointment. Max R. Welch, cargador. April l, $1,200; probational appointmrnt. Conrad Lagrrstrem, blacksmith, April I, $900; probational ap· pointment. Tomas San Luis. clerk, April 11, $240; probational appointment. Aquilino Calixto Sicat, elerk, March 27, $180; probational ap pointment. BUREAU OF PRISONS. Hugo Prengrman, machinist, April 11, $1,200; probational appointment. Rosendo Jimenez, carpenter, April l, $480; probational appointment. Damian Pangan, keeper, April 6, $240; tra.nsfer from guard, *240. Emery Reeves, guard, April 17, $900; probational appointment. Santiago de Lara. guard, April 14, $240; probational appointment. OFFICIAL GAZETTE 353 Jennings \Y. Uarter, inspector of guards, April 25, $1,200; pro· John U. Longaker, clerk, March IO, $1,400; promotion from motion from guard, $900. class 9. BlJREAU O~' COAST OUAl!O ANll 'fRANSPORTATION. Edwin Link, nssistnnt overseer, "itlrl'h 31, $900; prnbutional n ppointment. J. Garrido, light keeper, April I, $•lz0; promotion from keeper, $360. ~. Gregorio, light keeper, :March 1, $360; reduction from $480. • J. :Fernandez, light keeper, April I, $360; reduction from $480. Joseph E. Mody, civil engineer, April 14, $1,400; probational appointment. E. :Mariano, light keeper'. April 25, $360: promotion from $:JOO. BUREAU OF CO.\ST AND Gl.:ODETIC SURVEY. Jorge Sunico, junior drnft>m1an, April I, $300; probational appointment. DUBEAU OF ENGINEERING. .M. Dobbings, transitman, April 14, $1,400; probational ap· pointment. V. E. Towles, recorder .. March 30, $1,200; probational appoint· ment. H. R. Ha\•es, clerk, April 14, $1,200; probational appointment. D. J. Richards, recorder, March 25, $900; trnnsfn from Ilmean of Posts. D. J. Richards, recorder, April 1, $1,200; promotion from Clase A. Department of Fi11a.11ce and J1tstice. Volney Eaton, clerk, .1.\lay I, $1,600; promotmn from class 8. ,Jarob Feldman, clerk, April 1, $1,400; promotion from elas~ 9. BUREAU OF THE INSULAR AUDITOll. Xye A. Lowel, clerk, March 14, $900; probational appointment. DUBEAU OF CUSTOMS ANIJ HWIORA.TION. Lawrence Benton, storekeeper, l\lay 2, $1,200; promotion from $900. Homer W. Kailer, immigration inspector, .March I, $1,400; pro· motion from $1,000. Gustav T. Schlater, clerk, l\farch l, $1,200; promotion from $1,000. Ladislao Cueto, storekeepn·, .March 8, $300; promotion fro"l $240. Esteban Gorospe, clerk, l\farch I, $240; promotion from $180. Casiano Gutierrez, clerk, ·March 1, $240; promotion from $180. Urbano, l\Il!Ildoza, clerk, March 8, $240; promotion from $180. Stanley A. Roberts, fourth·cluss examiner, :Much I, $1,000; reduction from class 9. Hnry Carmichael. storekN'pPr, 1\farch 1, $!JOO; reduction from C'lnss IO. G. I. Vaughn, fourth·class inspector, :March 8, $900; reduction from class IO. L. F. Barreto, tleput:.• eoast distriet in.-;pector, April I, $900; probational appointment. George H. Frey, clnk. ~farch 14. $!100; probational appointment. Anna R. Clifford, <'lerk, April 13, $900; probational appoint· ment. Andrew Il. Cresn.p, fourth·clnss examiner, April 14, $900; pro· hational appointment. ::\Ielville C. Earnest, fonrth·class examiner, April 18, $900; pro· bational appointment. Verner H. Petre, stenographer, March 24, $1,600; promotion from class 8. Albert S. Falconer, second-class inspector, March 10, $1,200; promotion from fourth-class inspector, $900. Charles F. Zceck, clerk, March I, $1,000; promotion from $900. \\'niter E. Steele, immigration inspector, April 18, $1,200; promotion from fourth-class inspector, $900. Vicente Aldanese, inspector, April l, $1,000; promotion from clerk, $900. Martin Tones, clerk, lfarch 22, $240; promotion from $180 . Cayetano Tirado, weigher, March 25, $240; promotion from clerk, $180. Antonio Alejandro, guard, March 19, $240; reinstatement. l<'uustino Luciano, clerk, March 22, $180; reinstatement. Victorio Gonzales, clerk, March 22, $180; reinstatement. Martin ,J. Ccrnik, baggage inspector, March 9, $900; transfer from Bul'cau of Philippines Constabulary, $1,200. Herman C. Liebenow. inspector of boilers, February 1, $2,000; reduction from $2,250. Rufino Villafuerte, guard, :March 10, $240; reduction from clerk, $300. INSULAR COLD STORA.OE A.ND ICE PLANT. Albert H. Troge, watchman, April 21, $720; probational appointment. Walter F. Gilbert, teamster, May IO, $900; promotion from $720. Hary W. Bush, teamster, April 22, $720; reinstatement. Charles G. l\lurray, stenographer, April 16, $1,400; promotion from $1,200. Horace E. Partridge, stenographer, April 18, $1,600; transfer from Executivr Bureau. Willoughby F. Colton, clerk, Apl'il li, $900; transfer from Bureau of Education. Andres 8alazar, copyist, Court of First Instance, May l, $240; probatmnnl appointment. _,\ntonio Gomez, clerk, April 1, $420; probational appointment. Arsenio Gomez, clerk, April 15, $360; probational appointment. ~farcelinno A. Nepomuceno, clerk, April 16, $300; probational appointment. Department of Public 111.<Jtl"uction. BUREAU OF EDUCATION. Everett l\1. Ellison, teacher, !\far~h 16, $1,200; probational appointment. Harry A. Seavel", teacher, April 3, $1,200; probational appointment. Leo J. Grove, teacher, April 3, $1,000; probational appointment. Clark ,James, tead1er, April 3, $1,000; probational appointment. E. Rainville Roberts, teacher, April 3, $1,000; probational appointment. Omar L. Babcock, teacher, March 30, $900; probational appointment. Hattie A. Grove, teacher, April 3, $900; probational appointment. Frank L. Smith, teacher, April 3, $900; probational appointment. Howud S. Strasbaugh, teacher, April 3, $900; probational ap· pointment. William Wallace, teacher, March 16, $900; probational ap· pointment. Byron R. Wyckoff, teacher, April 3, $900; probational appointment. 354 OFFICIAL GAZETTE R. w. Tailor, tenchef. .January I. $1,400: promotion from $1,200. H. E. ('utler, te1H'hf"r, .Ju.nnnry I. $1.:WO: prnmotion from $1.080. .lp;;:'<e R. Burr~·. jr .. tt>ndwr, April 14. $1,000; probational np· 11ointment. Frances H. Gnt~·. teacher .. ranu11r~· I, $1.200; promotion from $1,000. William K. Ble>!:!sing, cll'rk. ~lurch 21. $1.000: transfer from RurPnu of Philipi)inPs Constabulnr;i.·. PL'BI.IC PRINTING. ,Julio IJ!nnrio. nppn•ntic<'. April 16, $0.40; promotion from <"i1lSS fi. Rosendo Cruz, upprenlict•. April J ti. $0.40; promotion from class 5. Aquilino Gabriel, npprentiN', April lli, $0.40; prnmotion from class 5. Joaquin Reyes, npprenticf', April 16, $0.40; promotion from class 5. Ambrosio Pi1blo, npprenti<'f', April 16, $0.40: promotion from <'lnss 5. Gisberto d1• In Hosa, appl'<'lltiC<'. April Hi, $0.:10; promotion from clnss 6. }"ilomeno Antonio. junior bookbiudt>r, )In,\· I, Pl.7ri; prol.111tional appointment. )lanuf'l Herrera, junior bookbim\rr. )lay I, Pl.25: probational appointment. ~icasio }?itguinto, junior rompositor. April l!J, PIJ10; probationnl appointment. \'emmcio Dungkn, apprentic<'. April 21, $0.20; probatiomtl appointment. 'feogenes Uesluni. upprentic<'. April 21, $0.20; probational ap· pointment. Gabriel Labog, apprentice 21, $0.20; probntional appointment. .\lfredo Ros<•tt>. npprenti<'t>, April 21. $0.20: probational appointment. l'if'verino Palacio. apprf'nticr. April 19, $0.30: promotion from rlnss ti. Amanda Y<'nt. apprf'nti<'P, April Ill, $0.30: promotion from <'lass 6. GMrge A. :L\la~·lww, watC'hman, '.\fa~· I. $720; probationul appointment. G1·t>gorio Xovieio, apprenti<·r, April 2ti. $0.20; probational a,ppointment. J,.aias Dimalanta. apprentict>, :\lay l. $0.40: promotion from rl,itss 5. Pablo Lucas, apprentice, May I, $0.40: promotion from cla.<>s 5. Antonio Marella, apprentiec>, '.\lay I. $0.40: promotion from <'lnss 5. Basilio Viz<'nrra, upprenti<'C'. '.\la,\· I. $0.40: promotion from <'lass fi. F.. L. Danley. forrman enrprnter, April 20: $1.200; probntional appointment. BUREAU OF ARCllI\'ES. Franeis<'O 'folrntino. <'lrrk. April 1. $600: promotion from Class F. C'ntalino Tuason. rlr!'k, April I. $360; promotion from Class .r. Emilio Ocampo. elrrk. April l. $300: promotion from $240. Cit,11 of .l/a.11ila. llEPART~fE~T OF ASSESSlfENTS AND COLJ,ECTIONS. Charles .J. Ko.~el. clerk, April 13, $1,200: transfrr from fourth· <·lnss <'XaminC'r, $1.000. Juun Espiritu, clel'k, April 26, $240; probutio111li appointnwnt. Cnmlhln lh·ycs_. clerk, April 8, $240; probational appointmPnt. llll:PAHTUENT o~· ENOINEERlNO AND PUBLIC WORKS. .Mason A1lams, watchman, April 10, $720; probational appoint· ment. John F. Callahan, t<>amstel', April 8. $720; probational HJ» pointmcnl. Edward P. Boyd, nrchitectund draftsman, April 8, $1.400; tmnsfer from Bureau of Architecture, $1,400. )larinno Villaflor, ml'chunic, April 13, $360; probational ap· pointmeut. James M. Smith. i<'amster, April 20, $720; probational appointment. Robert Frost, mechani<', April 1, $1.000; promotion from $900. Antonio Que.o;ad11, foreman, stret>ts i1ml parks, .March I, $480: promotion from $420. Joshua '1'. Colvin, in;;pC'rtor of plumbing, '.\fay I. $1,600; promo· t.ion from O\'('r;;eer, pail system, $1,200. MUNICIPAL BOARD. Emilio 1.<>1lt•;;ma. clerk, April 8, $480; probational appointment. Hugo Hagenhoff'!', patrolman, April i, $900; probatimml 11ppointment. ,John G. Hartman, patrohnan, April 9, $900; probational appointment. Matthew J. 8allenger, pittrolman. April 6, $900; probational appointment. ,John B. 8amlelin, paholmun, April ll, $900; probational appointment. A. \\'.Holmes, patrolman, April Ii, $900; reinstatement. William 'I'. Enloe, pntl'olman, April 2, $900; probational appointment. Fred H. Buldage1·, patrolmnn, April 2, $900; probational ap· pointment. Frank Childs, patrolman, April 4, $900; reinstatement. Pedro Rodriguez, patrolman, February I, $375; promotion from patrolman, third class. William Murph~·. cif'rk, April I. $1,400; promotion from elass 9. .John 8. Jones, rouud;;man, April 9. $1.200; promotion from piltrolman, $1,080. \\'alter Huper, patrolmun, April 9. $1,080; promotion from $1.000. Augustus P. Hinckl<',r, putrolman, April 8, $1.080; promotion from $1,000. ,John M. Kossuth. pntrohmm, April I, $1,080; promotion fl'om $1.000. .Josh B. Floid, patrolman. April 3. $1,000; promotion from $900. \\'illiam A. Harrison, patrnlman, ~\pril 22, $1,000; promotion from $900. William i\fartin, patrolman, April 2, $1.000; promotion from $900. William G. Pauley, patrolmnn. Apl'il I, $1.000; promotion from $900. Frederick Pnulson, patrolman, April :1, $1.000; promotion from $900. William G. Schaefer, patrolman, April 25. $900: probational appointment. ).f~·t>r F. Slater, patrolman, April 18, $900; probntional ap· pointment. \'idal Esrudal. patrolman, April 25. $240; probational appointment. Antonio dr G01m1,., paholman. April 2i. $240; probational appointmcmt. Amadeo Grrg-orio, patrolman. April 18. $240: probational appointment. OFFICIAL GAZETTE 355 Gn·gol'io i\111m1go, patmlman, April 20. $240; probational appointml'nt. · Isidoro Mendoza, pntrolnmn, April 20, $240; probational ap· pointnwnt.. Pio Silo. patrnlnum, April 20, $240; probatio1ml uppointm<>nt. Ba:-;ilio Pndilla, paholnmn, April 2:J, $240; prob1ttional uppointnwnt. Ago1pito Pilon, pntrolm;rn, Apd( 20, $240; prolmtionnl appointuwnt. L('OD Hnntn AguNln, pntrolnmn, April Iii, $412: promotion from $:Jj;), Hilario Edrjel'. patrolnurn. April 20, $:JOO: promotion from $330. Cnbtlino Huutiago, patrolnmn, April 4. $:J:m: promotion from $aoo. G1'1mro Cnrmonn, patroluurn, April 28. $:100: pmmotion imm $240. Francisro Cruz, patrolmnn, April L $:JOO: promotion from $240. Anastasio Dinglasan. patrolmnn. April I. $:100; promotion from $240. ).fariano Espina. patrolman. April 28. $:100; pl'omotion from $240. ViC'toriano FnYiln, patrol11111n. April 6. $:JOO; prnmotion from $240. Anacleto Gom.ales, patrolman, April 28. $:JOO: promotion from $240. Cipriano Hernandez, patrolman. April 28. $300; promotion from $240. Enriqup Llnmado. patrolman. April 28. $300; promotion from $240. Gaspar Lopez. patrolman, April 28. $:JOO; pl'omotion from $240. Felix ~lne1nneg. poltrolman, . .\pril 28. $300: promotion from $240. Ronifncio Mnmaril. patrolman. April 28, $300; promotion from $240. Federi<·o ).lemln. patrolman. April 28, $aOO: promotion from $240. Antonio Xoblt>jns, patrolman, April 2. $300; promotion from $240. :\ . . J. lfamaud, 1ll•puty. Mar1·h l!J. Pl,8011; prolmtional appointnwnt. .John F. Conklin, g'l'lwrnl fo1·t•1111111, April I. 'P'l,800; probational appointnwnt. CEBU. "i<'entf' Ra11111lo, ('ll'rk. OC'tohl'I· I. 1 !IOa. $240; promotion from $210. Deogrneias Ln\·in. l'lnk, )larch 10, ¥'480; probational nppointnwnt. Bmt Edwards, 1\t•pul~'. April, a, $1,2110; probational appoint mf'nt. .Juan VnhnorPs, ('h•rk. )larch i, 'P:rno; probational 11p1ioint11wnl. Bl'rnnnlo .\hlcrohon. elerk. i\foreh 1, $240; pmmotion from $150. Antonio L. (~azo. <·Ink, April I. fl':JGO; probational nppoiritllU'lll. NEGR~S ORIENTAJ •• Perey K Wngnr, ('hief clel'k and deputy, April 1, P2,400; pl'obational appointml'nt. Vicc'llte Salazar, dt•puty. August 16, 1902, $240; pl'obational nppointment. Gnrnsio lfomirez, dt'puty, ).lnl'C'h 15, 1903, $240; probational appointnwnt. Benito Odulio Flori's. <"lt·rk, Dl'l'l'mht•r 19, 1903, $240; probational appointment. Cornelio Balinia. (']Prk, l.Wcember 1!1, 190:1, $240; promotion from $150. Anaelt•to Villarosn. 1•l1•rk. :\larch 15, 1!103, $240; probational Franci;;co Ramos. patrolman, April I. $:mo: promotion from appointnwnt. $240. - NUF.\'A \'IZCAYA. FIRE DEPARTME:'\T. '\"illard B. Evuns, firt'mnn. first class, April IG. $900: probntionnl appointmei:it. Charles S. Schlosser, clPrk, Apl'il 23. $900; probational appoint· ment. · Province8. Basil G. Butler, chief elerk. April 3. $1,200; probational np· pointment. Fred :\L Cull. deputy trPasurn and chief elerk. April 11, Emelio Tolentino, <'lerk. '.\lnrch 10. fl'-240; probational appointment. Evaristo Ortiz, interpret.>1· and deputy. April 4, Pl,440; promotion from deputy, $600. Pilnlino :-:. '.\h•mlozn. < 0 l1•rk. :\In~· I. "fl'420: promotion from t"240. Leopol1lo Arnnllo, <'INk. April I. $180; prohntionul appointment. $1.200; transfer from clerk, Class A, Bureau of Education. Gt•o. L. AmstronJ!. <'Ink. ).lar<'h 24, 1"1,800: prohation;li apFrank Peshick, deputy trt"asurn nnd <'lf'l'k. April 12. $1.200: nlt'nl. probational appointment. ANTIQUE. :\'icolas Ahif'l'it, l'il'l'k, l<'Pbruary 11, P;rno: pmhationnl appoint· ment . . James F. Pfau, assistant 1'11gi1wt•1". impron•ments in Bengu<'L Ft>bruar~' I. $1.flOO: tmnsfrr from C'hiC'f watehman. Rurl'au of Publie Lands . . James L. Heott. l'lerk. impro\·em<'nL" in Benguet. ).larch I. $1.800; promotion from el ass i. RESIGNATIONS. Provinces. Augusto Cold, nuxilinr}' justice of thf' ))('llct>, Bangued, Ma~· I. A'.\IBOS CAMARINES. .-\ntonio PerC"do, auxilial'y justiC'I' of the pcacC", Libmannn, .January 25. 356 OFFICIAL GAZETTE .hum Villnmiel, justice of the pence, Ruguy, November 21, 1903. BATANOAS. J<'itrnnndo Lc~·co. unxilinr~· justiel' of t.lw pl'nC<', Bntungns, • J1111tulQ' 2. Ansl'lmo Dimnyugn, nnxiliury justice of tht• pence, Bamrng, .Jnmmrr lG. Pedro tle VC'rn, auxiliary justice of tlw peuct>, Santa Mnrin, '.\[nrch 12. SevPrino Srb11sti1111. justi1•p of Uw pclll'f', Snntn '.\lnrin, DrcPmher 7, 190:J. Frttn<'isco Dicho!!o, prnvincinl govrrnor, April J:l. :\forinno A. GenC>roso, nuxilinry justit•c of th<' peacr, llnvno, ~ovembcr 2i, 1903. Eduardo Feito, provincial secrl'tnry, Marchi. Leocadio Cinco, nuxilinry jm1tirc of tht' pencr, Cathnlognn, February 20. Petlro Aide, justice of the pencc, Llorl'ntP, ~lnrch 28. Santiago de Vern, nuxilinry justice, Bulan, Murch 24. Fermin Brucrlo, justict> of tht> peace. 1\I11g1tl111nPs. March 21. Cayetano ·de la Peml, 1rnxiliary jUstic<' of the pellce, Cantilan, ).forch I. TAY ADAS. Hamon M. Coll. jm1tice of the pea<'<', l\logpog'. ).lun·h 2. Lu<'llS Runes, justice of the pence, Aringay, FPbruary Ii. Pedro :Marona, auxiliary justice of thr pi>ace, Olongapo. March 5. REMOVALS. Provinces. AllBOS CAMAIUNER. :\foriuno Asug, justice of the peace, Tinambnc, April 27. l\latPo Briones, justirc of the pPUC'f'. ~avas. April 21. J)ominador llelfinn, ju:iti<>e of tlw peace, Cabu;n10. April 21. Benigno ~bustinn, justiee ol' the peace, Baluoan, April 29. NOTICE. SALE OF THE INSULAR COLD STORAGE AND ICE PLANT. Sealed bids for the purchase of the Insular Cold Storage and Ice Plant located at Manila, P. 1., will be received on or before the 27th day of June, 1904. The plant includes one of the most valuable locations in the city of Manila on the Pasig River, occupying the whole space between the Suspension and the Santa Cruz Bridges, with abundimt water frontage, and in the im· mediate vicinity of the business center. The buildings and machinery are in every respect new and modern, completed in the year 1901. The sale will include the land and water transportation belonging to the plant, including insulated lighters and barges, delivery wagons, horses, and harnesses. For the fiscal yelll' 1903 the total revenue of the plant was $332,194.17; total expenditures for the same period, $198,338.83, lcnving nn excess of revenue over expenditures of $133,865.34, United States money. The plant as a Government institution does not compete with private establishments of a like character . Jn the hands of a private corporation the income could be very largely increased. No bid for less than $1,000,000, United States money, will be considered. Bids will be received on the basis of an unrestricted sale, and ulso on the basis of an agreement on the part of the purchaser to furnish ice to civil employees for five years nt the present Government rate of one-half cent, gold, per pound. The right to reject any and all bids is reserved. Each bid must be accompanied by a certified check payable to the Government of the Philippine Islands for 5 per cent of the amount of the bid as security for the fulfillment of the contract should the bid. be accepted, './'er111s.-Pnyment to be one-third cash and the balance in three equal annual payments, at 6 per cent interest per annum; the unpaid portion of the purchase money to be secured by mortgage on the property or by other satisfactory security. Bids may be filed with the Chief of the Bureau of Insular Affairs, War Department, Washington, D. C., or with the Secretary of Finance and Justice at Manila, AU bids must be filed before 12 o'clock noon, June 27, 1904, at which time the bids will be opened. ANNOUNCEMENT. The 08lclal Gazette Is published weekly 111' the authority or the Government of the Philippine Islands. It will be furnished by mall to subscribers, free of postage, on the followh1g terma : One year... .. ................................. P12.00 One month.. 1.00 Single copies, each .30 Suhecrlptlons ahould be paid In advance, In Philippine currency, or Its equivalent In money of the United States, and all communications should be addressed to the editor of the Omclal Gnzette. Manila. P. I. Send remittances by postal money order or registered letter to Norton F. Drand. acting editor Official Gazette, Manila, P. I. Office or the 011\clnl Gnzctte: Oriente Building, Pl11.~,a Clllderon de Ill Barca, Binondo. 0 Contents. Pnbllclaws: - N~.nl1~~~.f!'~lpl~~~:~~~ 870,000. United States currency, for payment of interest Nu. lllti, !'.r:~~1~n~!1~e.board of Te.}"ubas to rc\•ise the taxrevision or tax valuation of .lands at Hollo belongBureau of Public Lu.nds to administer for persons and papers, etc. and elenring from ve Circular No. 9:1. No. :no, chilling the ports or Alfonso XIII 1111d C11. Island of Pnragu11., to the con~twise trade. :\lnnlht. Custom-House Genernl OrderN"o 73, amending Maniln Custo1n·Ho11sc General Order No. 48. Mnnidpal school work: Go\'ernor",; appreC'intion. Appointments: By the Honorable Cl\'il lim·ernor. By the i'hl\lpplue Cll'il Servi,·e Hmir<I. Hesignntlons. Hemovals. Notice: Sale of the lus_ular Cold Storage and Ice Plant. Published by authority of the: fosular Government under and by virtue of Act No. 453 of the Philippine Commission. Voi.. II MANILA, P. I., )L\ Y 18, 1904. No. 20 PUilf,JC J,AWS. I Xo. 1119.J .\X .\l'T TO l'H0\0 1DE FOH .\ XI~\" AHHl•::-;:·Ull·:XT or 1m.H~ EHT.\TJ•: IX THE l'IHJ\'IX{'I·:· tJlt' LA l'SIO\' .·\XI> FOR THE Hlffl:->lOX 01<' Sl'Cll AS:-;J-:sio{\H:XT. By !llll/w1·il,lJ uf thr l"11itrrl Nffl/ni, be ii t'llllt'/f'(/ b.11 llw /'/rilippim: Co111111isHio11. llmt: SEtTIO:"i'. I. .. \ nt•\\" a:o1>1l'i<:-.1111•11t or n1h111tio11 nf nll n•al f•..;talt• in the Prm·in('(" of I,;\ l "niiln ><hall ht• umd<· as lwrrirm Flt•r proddt>1l. Hnch nt•w as,:;r,.s1111•11t. ll!I re,·is1•d in acrorda11C'1• with tlw priwisinn-t of .;1•ction~ thr1•1• to fh·<'. ilwlusiw. or tlw pr1•sr11l .h·1. slmll Im t.lu• ha ... is for tlw l'nllt•1•tion of n•ul 1•sl11ll' taxt'" in tlw l'ro,·inl't! of Lu l"nioiu for tht• .n•ar ni1wt1•1•11 hmul1·1·cl 11111! four nm! for ,.,m:rr1•din:.:- ~·1•:11·s until fnrth1·1· 1irm·i ... ion i ... 1m11lc• h.'· law. Xt:c. 2. Tiu• 1ww ll""''""nwnt 111·m·id"d for in tlw pn•1't'lliUg" .. rrtion >1hall 11<• mad<! in ;i('('01'1larll'l' with tlll' provi .. inn" of ,.,1•rliou" fu1·t~··ni1w lo lifty-,;1•v~·11. ilwlnsin'. as 111m•111lt•d, of Act X11111h1•rNI Eighty·LWO: /'roritfrrl. Th11l tlw hoard of ~1ssr,;,;ors slmll org11ni1.e upon tht• p11s<111J.!1' of lhis Al·t. m· a ... soon llwreaftt>r 1n1 po,;,.jhl1•; and tlmt tlw hounl of :i,;s1•,.,sors slrnll ('0111pl1·h· tlwir li..tiug :md n1l1mti1m of rt•nl proprrty sitnatl•ol within th1• munil·ipalit~· nn or hrfon· .\ugu,;t tir11t. 11i1wtr1•11 hundr('d and foul': and tlmt 1111 1·011111lai11ts :11.!<linsl n1lm1lions fix1•d h~· munic·ipal ho11r11."' nf nsst• .... snl's shall hr lil1•d dirt•l'tl~· with tlw 1ww hoard of tnx r1•\·i,.,ion lll'rrinafl1•1· Cl'l'iltC'd. :->t:t'. :t Th1•n• i..; lwn·by t•n•alt•tl for lh1• Pro\·inc·c· of L:i l 011it•u :1 m•\\" hmnd of tax 1·1•\·i,.,ion, whit•h :.hall 1·1111si>it of !ht• th1·1·1· nu·m· ht•rs of thl• prm·incinl honr1I nf llw sai1l pro,·inrl'. :->t;r. 4. Tlw powrrs :nu! 1h1til',.. of tilt' 1ww Iman! of tax rt•\'i"'ion in tlw J'l'O\'im•1• nf L~t l"11i611 slmll h1• tho,.1• pn•s1•ril11•1l for llw prm·i1wi1il hoard of r<•\·i,..inn h.\' Ari Xumhnrd Fi\'t• l1111uln•d nml 1•ight.,··lwo. 1•11titll'tl ··~\n Al'l to 111·n\·i1ll• for tlw partial rl'\·ision of tilt' nssr,..snu•nts upon n·al 1•sla\l'. in !ht• 1111111ir·ip111ili1•"' in llw Philippi1w lsla11cl11 011lsi1l<' tlw t:it,\· of '.\li111ihi." a,; auu·1ul1•d 11,\' .\ct ~umb1•n•1l :->ix hu11t!n•1I and 11i1wty·thn·1·: /'rm·ii/nl. /row•Tn·. That. tlw dntr. sp1•dli('d in lhr. s11i1l :\1·1, a .. a1111•11d1•cl. shall Ill' n'! p1·0\·icle1I in ,..c•clion fj\·p of lhl' pn•s1•nt .\d. :-;1·:l'. li. Thi• rww hrn.ll'd of lax rn\·i,.io11 "hall ht• orl!aniz1•d on .\11µ-11:-it li1·.<it. nirwlr1•11 l111111lrl'cl ~tml four: llw tinw lixl'll for 1·c•rf'h·ing nm! hearing complaints shall hr. not. t•al"lier limn five da~··" after the• organization of thr urw hoard of tax rrYision nml 11ot lah•r tlmn Hrptc·mb1·1· fiff.t><>nlh. uiul'lt'<'ll hnndrt>d 11111! four: th<· ('<'l'iilicalion 11,\' llw Ill'\\' hoard or tax l'u\·ison of a li:-il or tlw 1•lmni."'<'s m111l1! in thr. a""''ssmrnt:-i fix1•d h,\' lhf' hmnd of asst•,.11ors, lo1!1•thn wilh a list of lhP total 11,;sr:-ism('nl.'I of tin> b1x11hle lands 11111\ impro\'1•111cnl.<1 in c•11ch nmni('ipnlil,\', pro\'ich•d fm· in :o1rction l'il!hl of ,.\(•t. !\"umh1•r1•d Piv1~ lmmlrrd :111c\ t·ighl~··lwn "hnll hi' nmd(' 110\. Inter tlmn October fifl1•1•11th, ninrtrrn l111111lred 1md four. on whit•h dntc thl' 1u-w ho11rd of tax 1·t•Yisio11 11hall C('ll>ie lo rx1•rci11c any po\1·prs nnd(')' this Act; nnd lh<' pn~·nwnt nf th" l11nd lnxrs in tlw Prn\"inrr of La Guilln fol' tlw \"C'llr nirwt('(•n humlrrd 11111! four :shall be mndc pl'ior to th<' first ~la~· of ~o\'emhC'r, nineteen li67? hundred nml fonr. thr provi!-1io11:-i of s1•ction 11r.\·c11ly·fot11', ns 11mr11drd, of lht• '.\lunicipul Code to th<' conlr11ry notwilhstnnding. In all otlwr dalt•s and 1wriods of timl' spP.cifit•d in Act N'mnbcl'ed l<'i\'I' hnndn•d and 1·i~ht.r·two, 11s nnwmlrd by ~\ct NumbcrPd Hix lmndr1•d and nilwt~··thrr1', tlw \\onls "nirwt1•c11 hnndr('d and four" shall b1• suhslilutt>d for tht• words "'nineteen lumdrC'd and t.hre1'," fo1· Um 1mrpo.'lt'>1 of the pri•111•11t. .·\ct. X~:c, Ii. In 11\1 cast's in whit·h hint! in tlw l'rm•incc of I.a l'niti11 ns:.1•11s1•d fol' the ~·l'ar ni111•t1•1•11 hundl'cd 111111 two. or tlw ,1·pa1· nirll'· t('(•ll huudrt•d ;11111 lhrrt~ w11s 11s:o11•:o1sed nl mort• llum lifty pr1· t•1•11t11111 abO\·r thr \'nhmlion ml\dt• h~· thr honrd of ns>1t•ssors. hC'l'Cinbeforu prnviclt>tl for, 11>1 rt•\·isctl h~· tlw rww board of tax !"('Vision, the provin· 1·inl \.Joan! i:-1 lll'rl'h~· authorir.c•c\ and dil"t•cll'd to reduct! lhf' n.isess· Ul('nt. for t.111' ~·1·~1r or yrars in whil'h such l'Xce,;sil'<' 11sscssml'nt of more th1111 fifty Jlt'l' l'Cntum was made, to the nmount fiX1!d h,v tlll' lll'W bon1·1I nf tax r1•\'isi1111 fnr th1• sllllll' land for llw ~·c•11r uinl'tl'l'll hnmlrt•cl 1111d four, 111111 thl' prm·inl'inl tr1•nsllr<'I' sh111l comp)~- with lhr ordl•r of Uw 1n·o,·incial Ima.rd by muking the rcduetion upon thr l"l'l'Ol'cl:oi or lhr m1111idpnlity nncl provinC<'. :-;El'. 7. lu nil l'll!l<':-1 in which monry has hrl'n paicl upon tlw 1•x1'1•s· :o1in• 11s11rs>1111<'11ts a:-1 dt'"l'l'ihc·d in thC' s1•1·linn innn('diatcly !Jl"('t'(•clinl!. it ,;lmll b1• tlw dutr of th1• prn\'incinl bonnl lu allow 1t crr.1lit or tlw :1111111111t of ,;1wh t'Xl'l•ss J>•l~·nwnl. to 11<• nppli1•1I npon t11xr.; elm• for tlw ~·l'11r niiwlern hnnd1·1•d 111111 four or llw lll'Xl sub"P<Jlll'lll ,\·t•nr or yl'1n·s. :-;,.;c, 8. In ensr the tax Im"' not l11•cn pnid on tht! cxccssin• nssess· ment or ass~ssmcnts. thl"n thr tnxpnye1· or thr person from whom thr tax is dm• :-1111111 h1! nllow('d to p11,v the tnx on lht• n•tln•'l'tl nsSf's>11111•11t withont p1•11nlt~· nt nn~· liuw hrforc Xm·l'mlwr first. 11irll'lr1•n hnndrNI nml four: nml nil prm•1•1•di11g11 f01· lh1! s11!1• of litml l11•1•1ltl!W of thr drlinqut·u<'y nf pa~·mrnt on tht• rxcpssh•1• ~1ss1•i;s1111•11t 111· n:o1s1•ss1111'11ls 11s dl'finl'd in 1<t!ction six of tht• 1n·c•:-11•11t .·\d slmll ht• 1lism11tirmrtl nml lwld for mmght. 111111 thr titlt• lo lhl• la1Hl >ihnll r1•11min in thr 1h•lillfJll<'llt ti1xp11,\'rl'. snbj1•1·t onl,\· lo llw lirn for taxes on th<' 11ss1•ss11w11t or 11sst>>1sm1•nts a:-1 n•dm.'1'11 in net'Or•I· 11111'1• with st•1·tion :o1ix hl"rPOf: /'rorirfrd. That if lhr 11mo11nl of t11x1•s dill' on tlw l'l'Chll'('(l n:o1s1•s,.,n11•nt or as111's11m<'nts i11 not pnid brfo1·1· Xon•mh1•r first, nim•tr1•n hmulr<!d and four. lht• iuum• prort'(lnrt• shnll Im followt·d in tlwir 1•oll<'clion ns in othrr (•11scs of 1lt>lim111r11\ l;ixrs. R~;c•. fl. In casl's of !•Xrrssh'<! blxution 1lrs1•rihl'tl in se1·lion six lwTI'Of in whi1·h lh1• l:rnd slmll lm\'f' hcru 11old ton third Jl<'l's'on for foihll"(' to pny tuxrs. tlw clt•lillf]ltrnt tnxpnyrr upon rrdrrmilll! hi" hmcl by paying to th(' pnn·lmsrr thll nmount required by lnw to lw pnid shall hr rnlitlrd lo n·r1"('dit. for 1101r in payment of fut111"t• l11'(r11. for thr nmount 1·xprnclrd h,\' him m·N nnd nbovc thr tnx without prnllll.;\• :1t tlw rr1lu~r.d 1ls>1r>1Rmrnt. ln ('n>ir llu~ land >ilmll lmn• br('n purc•h11 .. rd h~· thr Gonrnmrut. thr prnrrrdin,:t"K >1!11111 lw h,\' tlw pro\'im·iiil lmar1l 1IN·lurrd 111111 and \'oid. am! thr title" >ilrnll J°('\'1•rt to t.hr drlim11wnt tnxp11yrl' on pa~·nwnl of t h1• amount. d1w on t lw nSMK11111rnt or aKsrsKmrnt>1 as rrducrd in nccordanrt> wilh llll' ll'rms of KC"ction >1ix of lhii;i Art. hrfoi't' N'ovrmhrr fil'>il, ninrll'<'n hnndn!d arul four. R.Y.C'. JO. Tlw pnhli1· gnrnl rrcptirinl! tlw ~prf'd~· l"llllt'tmrnt or thi,;; bill. lhr pas01ni.rr of th<' ~nme is hrwhy ('Xpcditcd in 11('('0rd1mcr 357 358 OFFICIAL GAZETTE with section two of '"An Act prescribing the order of procedure by the Commii;sion in the l'llltctment of lnw11," passed September L~\·enty-sixth, nineteen humlrnd. SE~. 11. Thi1:1 Act shull t:lkr C'ffrct on its JllUlllll;;!<'· Enacted, April 2fi. 1!104. I Xo. 1120.l AX ACT PRO\"IDIXU FOR TIH: AD'.\llNISTR.\TIOX .\Xll TEl\IPORARY I.EAHIXG AND SAJ.E OI•' c1mTAIX HACmXD...\8 AXD PARCELS 01" LAND. f'O'.\l)IONLY KNOWX A8 FRIAR LANDS. 1''0R THE PUHCIL\81'; OJ<' WHIC'H THE GOYER:S;\l1':NT Ol<' Tim PHIT..IPPIN)<; JKLAXDS 11.-\8 HECEXTLY COXTRACTJ~D. Pl'RSllAN'I' TO THE PRO\"IKIOX8 CW 8ECTJOXS 8IX'l'Y·THRl~I.;, KIXTY-FOl:H, AXD SIXTY-l•'IVJt; 01'' AX ACT 01'' THJ.; coxmrnss o•· Till~ t·xrn:n STATES ... ::s-T1T1.1·;n "AN ACT TEJ\IPORARILY TO PROVIDJ<: FOR nm ADMIX· ISTRA'L'ION 01" TIU; AFF.-\IHK <W l'lVJI, OOVF.RN· :'IIEXT l~ TIU~ PHILIPPIXE ISJ,AXDH. AXll i''OR OTIIl!:H. P{TRPO~ES," APPRO\"l~D OX THE 1''1R8T DAY 01r .JULY, XIXETlmN' Hl:'NDRED • .\XD TWO. \\"herc1ls pm·slrnnt to tht" pro\·isions of SC'Ctions sixty·tlll"<'t', sixt\··four. nnd sixt:r-fi\"e of nn net of th<' f"ongn~s of th<' L"nih•d i;:;taif's, entitled "A~ Act h•mpornrily to pro\"idc for Uw nthnin· istration of the affairs of ei\"il b"O'"<'l"lllll<'llt in th<' Philippine Islands, nnd for other pnrposl's," nppron•d .Jul)' first, ninl't<'t•n lmndrt'd and two, the GO\·ernment of the Philippine lslaml11, on the twentv-sl'eond day oi Deeembm', nim•tttn hundr<'d nnd tlu·<'e, cntl"t"ed in.to 'contract~ with the Philippine Sng1n· F.stntt•s Il<'\'t•lop· mcnt. Compnn)", I~imited, I~a Soeil'dad Agrfcoln dt• l"ltrnmnr. the Bl"itish-:Maniln Estates Compnn)"• Limih•d 1m<l th<' Recol<"to Ordl'r of th<' Philippin<' Island~, for the purchnst> of nbout on<' hundrt•d and !:1-ixty-four thominnd on<' hund1·Nl nnd twcnly-sc\•en hectnrcs of lnnd, sitnatl'd in the pr1n·in<'N• of La Lngunn. Rul11ean, C1n·ite, Bataan, C<"hll, Riznl. Isnbl'la, and '.\lindoro, for thr 11gg1·l'gatt• smn of .. e\"<'11 million two hundred and thh-ty·nine thousand se\"l'n hundrrd and l'ighty·four dollars and siXl)'·Kix cenb, money of the l:nitcd Stall's; and \Yhcrcas in said contracts of pm·clmsc it wm1 pro\·idl'd, among other thini.,.-s, that the Go\"crnml'nt of the Philippine lslands should hm·c ll pl'riod of iiix month .. from the dull' of said eontruebl within which to exnminl' Lhe titll's to said 111ml11, and also within which to SUI"\"<'\' the sanw in order to asl'l'rblin wlwtlwr the1·r is the qmmtit~· of htnd spt'eificcl in :-aid eontraetll, and in thr ewnt t h1•1·r is not, that a proportionnl.e rrduction "'hall bl' madt• in tlw 11mounb; agrercl to be paid tlwn•for; and it was furthc1· provided in .;aid contr1H.1s that tht• imid pnrtit.'!-1, so i1gnit>ing to sell, obligated the1111:11•l\"l'!I to eonn•y good and indcft•;li.ible titll'is to snid landi; by proper con\"ry1mec!'I; and Whereas by i;uid section Mixt~··fi\"e of said act of Congn•.;s the GO\"ernmcnt of the Philippine lsland11 iii empowrn•d to lc11l'lr the said lllnds after thl'ir ncquii~ition fol" a period not l'Xeeeding tlU"('(' yenr,., and to srll tlw i-;nn1e on such tl'rm11 and conditions n11 it nm~' prcscl"ibe, subject to the limilationi; and conditions contained in said net of Congress: Prodding, Thal all deferred paymrnts and the interest thereon !!hnll be payable: in thr monry prl'scribed for the payment of p1·incipal and intl'rcst of the bond" authorized to be issued and sold for the purpose of realizing the money necessary to pay for sairl lands by S('Ction sixty-four of snid net of Congress, and that said dt>fo1·rt•d puy111ents 11hall bear interest at the rate borne by said bonds: 1l11d proi;idi11f1 furtlier, Thut all mone:i.-·s realized or receh·ed from tlw .;a!Mi or other disposition of said lands, or by reason thereof, shall constitute u. trust fund for the payment of pl'ineipal and intrrest of said bonds, 11ncl also constitute a sinking fund for the pnynwnt of snid bonds nt their nmtnrit.y: .-ind prodding further, That actual settlers 11nd occu· punts at the time said lnndi> are acquired by the Government iohall have the pref<'l"<'n<.'C o\·e1· 1111 others to lease, purchase, or acquh·<' .their holdings within such 1·cairon11blc time as may be determined by said Government; and Whereas the snid lund11 arc not '"Public I~nndis" in Um sense in which those words urc used in the l'ul:Jlie lAtnd Act, Numbered Nine hundre<l and twenty-six, and can not be neqnired or lensed undl'r the prO\•isions thereof, and it is nceessnry to prm·idc proper ngcncies for currying out the terms of said <.'Ontracts of purchase and the rc11uh·t>mt>nlis of said net of Congrcs1:1 with n•ference to the l<"asing 1111.d s<"lling of snid lands and the erention of 1t sinking fnml to secure the payment "of the bonds so issued: Now, there· fore, /ly 111tUwrily of tlie United 8latcs, be it c1wvtcd by lltc Philippine Co1111nissimi, tliat: 81!:(,"l'ION I. '!'hr. Civil GO\·ernor is authoril'..t'<I and directed to lun·c careful r:<uminntion made to ascertain the sufficiency and soundness of t.hc titleM to :i1nid lunds so contl'lleted to be purchased by the C:o\"<'1·111ncnt of the Philippine Islnnds from the said eorporntiom~ as set forth in the preamble hereof. His action in Pmplo;ring the firm of Del 1'1111, Ortib'1ls & lt'islwr, ntlornr)"K ai lnw in the city of Manila, to make sueh t>Xllminntion and 111110 to perform nil legal services required of them in eompll"ting imeh pm·chuses und thereafter in the leasing nnd i;elling of sni<l hmd11 11s hcr1!inllfter provided, they to be eom1>t'11sated for their i::cl"\"ieei; at the rate of fh·c thouimnd live hundred dolh1r11 p<'r annum, payuble monthly, for such time as in t!1e opinion of t11e Civil Governor their 8erviees may be needed, is lwrcby npprovcd and eo11fir11wd. 8Ec. 2. The Consulting Engineer to the Commission is hereby directed to ha,·e 1.·nreful .;un·<"ys made of the snid hacicnd11s and lracll'I of hand in order to m1cc1·tnin with accuracy and certainty whether there is the amount of land in each of said haciendas and trneb i;pl'cified in i;aid contracts, aml for that purpose he is <'mpowered to put in the field nnd maintain the necessary sul'\·cying partic~, 11nd imy funds in his h11nds 1tt the prci;ent time not in terms devoted to defraying the cost of r;pccifle publie works are hereby decllll"cd "'·ail1tblc for that purpose. As !loon as these i;unrys shall have been completed he shall 1m1kc report of the results thereof to tl1e Ci\"il Governor. Huch steps us have already been taken by the Consulting Engineer by direction of the Civil Uo\"C'rnor looking to the sul'\·ey of said haciendas and lands are approved nnd confirmrd. 8Ec. 3. The firm of Del Pan, Oi-tigas and 1''isher is also directed, 11s soon 11i; the cxamin11tio11 of the title deeds to said property shall luwc been completed, to make report of the resulL of their investigations in thut behalf to the Civil Go\"Crnor, nnd undc1· his din~ction to supcr\"ise the final deeds of conveynnce of suitl limds hy said c11rpor11tions to tl1e Government of the Philippine hilands. The Civil Governor is also directed to submit their report together with the snid deeds to the Attorney General for his opinion. REC. 4. The Civil Governor is hereby empowered, when it shnll have been ascertained that the title& to said lands nt-e perfect and indefensible, and proper instruments of conwyanee a1·e tendered hy said corporations, to direct the payment to the corporations mimed in t11c preamble, of the several .:1111ns agreed to be paid for snid lands, nnd to that encl to draw the warr1mts of the Govern· ml'nt of the Philippine Islnnds upon the sum realiv.ecl from the Male of the bonds isimed nnd sold as provided in Act Numbered Ten hundred and thirty-four. SEC. 5. When the titlc11 to said lllncls arP lim11ly \'eKted in till' Government of the PhilippinP Tsland11, they slmll he umlcr th<' immediately control and dirr<"tion of the Bureau of Public I.ands. The Chief of t11e Hnl't'nu of Public Lands is empowered aml directed. p<'ndin~ the l'omplPtion of tl1<' purel1asc of Kaid lrt.ndK. to receive, take charge of, nnd e1urf11lly J>l"<'SC'l"\'C tl1r said rnnh"n<'ts of sale and pnrclmse nnd a.II muniments. document!!. title deed!l., or OFFICIAL GAZETTE 359 othm· papers pertnining to t1nid lands, and all field notes, surveys, and otht>1· tlntn relating thp1·eto, nnd a!KO the deeds of conveyance herpnfter mnde 1mrsmmt to lhfl U>1·mi; of said contmcts of sale and purchn11c. and th<>reafter to kl'rp and prc111ervc the Rllme, except ns requfrcd for registration of said lands. SEC. 6. The title deeds nnd instrumenb of conveyance pertnininl? to the lands in each province, when executed and delivered by Mill grantor!"I to lhP Governm('nt and pl11eetl in the ke<"ping of the Chief of thf' Bureau of Public JA1.11ds, as above providPd, shall be by him transmitted to the registe1· of deeds of ench provhU'e in which any part of said lands lielil, for registration in accordance with law. SEC. i. Upon the VeRting of the titles lo son id lands in the Gov· ennnl'nt of the Philippine l~huul>i by proper deeds of com·eyrmce, or sooner if so direetfod bY the Civil Go\'ernor, the Chief of the Burl'au of Public Lands shall ascertain the names and residences of the aetual bomi fide settlers and ol'cupants then in posRession of said ]ands or of any portion of them, together with the extent of thPil" several holdings aml the clmracter and \'lllue thPreof. He h1 also directed to ascertain from said occupants whether they dc!l.it't" to purchase their holdings upon th1• temu1 prescribl'd in the sueceeding sections. SEC. 8. In case any occupant in possession doe11 not desire to purchase his holding but docs desire to lease the saml', then it shall be the duty of the Chief of tlw Bureau of Public Lands. aflf'r \'est· ing of title. to sec that 1mch ocC'upant nttorns in duf' form to thf' Government and enters into n lease with the usual co\•ennnti:1 and 11w.·ees to pay a reasonabfo rentnJ for the use and occupation of his holtling. Such rental !l.hnll be- fixed by the Chief of the Bureau of Publ,ic J.ands, but in no instance shnll nny leaiie be m:u]e for n longc1· term ·than three yenrR. St:c. 9. In the event the Chie-f of the Bureau of Public T.nndR should find any of the suid lands \"AC'unt, he i!I directed to take possession and charge therrof. and he may l'ithf'r lease !IUCh unoc· eupied lands for a term not ext'f'eding thrN> :'>"Pars or offer the same for snlr, as in his judgme-nt may Sl'f'nl for thf' be!lt intl'rcsb of the> Go\"Pl"llUJent, and in making such RUies he idmll procef'd ns lJl"O\'idPtl in chapter two of the Public Land Act. SEc. 10. Should he find any of tlu! said land!\ in pos!leJision of a person or persons declining eithf'r to buy or to l't'nt, ns above s1•t forth, he shall take posseHion the1-Pof if he can do so peaeenhl)•, and if not he shall begin proJX'r leA"al lJl"Ol'ffdings in the Comt of Lnml Registration to settle title 11ml to ousit him or thl'm from hi11 or tl1e-ir holding11 and, u.pon 1uljndicntion in favor of the GO\·· l'!rnmrnt. 11hall likewise take posi;e,.sion of the same with the same power and authority as though originally vacant. He- shall not, however, sell any of the main hncienda honses or other lal"ge and substantial buildings imve upon n resolution of the C'ommis11ion authorizing him so to do. 8i.:c. I I. Should any per~on who is tlie actual and bona fide settler upon nncl occupant of any poriion of said lands at the titnf' the same ii\ con\"eyed to the Government of the Philippine l!llands dmsirr to purchase the land 110 oecupil'd by Jiim, he !\hall be entitled to do so at the actual cost thereof to the Government, and shall he allowed tl•n ycar11 from the date of purchase within which to pay fo1· the saml' in equal annual in~t11lhnf'nts, if he so desires, all deferred payments to hrar interPSt at the rate of four pt'r centum Pf!r annum. SEC. 12. It shall he the duty of the ('hief of the Bureau of Public Lands by proper investigation to a11certain what is the actual \•alue of the parcel of land held by each S<"ttlcr and occupant, taking into consideration the location anti quality of each holding of land and any other cireumstance!I gh·ing it \"Dine. The bn11is of valuation shall likewi11e be, RO fnr as practicabll"', sueh that thr. aggt'grate of the values of all the holdings included in each particular tract sl1all be equal to the cost to the Governml'!nt of the entire trnct, including the cost of sm·ve:i-·11, u1hniniKtrntion, and inlert>11t upon the purcllll!!C' money to tlw tinw of sale-. When the cost thC"reof 11hall ha,·e been thus ascertained, ihe Chief of the Bureau of Public Lnnds shall give the 110.id settler and occupant a certificate which shall set forth in detnil that the Uo\•ermnent has agreed to sell to such settler and occupant the amount of land so held by him, at the price so fixed, pnyable as provided in thi!~ Act at the office· of the Chief of the Bureau of Puh1ic Lands in gold coin of the United Slates or its equivalent in Philippim! currency, aml that upon the payment of thC' final installment togcthe1· with all accrued interest the Govern· ment will convey to such settler and occupant the said land so held by him by pro11er instrument of conveyance which shall be issued and become effective in the manner provided in section one hundred and twenty-two of the J.nnd Registration Act. The Chief of the Rurenu of Public Lnnds shnll, in each instance where a certificate is given to the settler and occupant of any holding, take his formal recl'ipt showing the dclh·ery of such certifleate, signed by said set· tle1· and occupant. SEC. 13. The acceptance by the Rettler and occupant of such certiftcnte shall be eonsiden>d as an agreement by him to pay the purchase price so fixed and in the installments and at the interest specified in the cerlifi<~ate, and he shall by such acceptance become a debtor to the Government in that amount together with all 11cerued interest. In the event that any such settler and occupant may desire to pay for his holding of said lands in cash, or within a shorter period of time than that above specified, he shall be allowed to do so, and if 1u1yment be made in cash the lands shall at once be COD\"cyed to him oi; above provided. But if purchase is mnde by installmC"nts, the certificate shall so state in acco1·dance with the fncts of the trnnsaetion: Provided, l&owcver, That every S1ettler and occupant who desires to purchase his holding must enter into the agreenu•nt to purchase tmch holding by accepting the sa.id certificate and l'Xf'euting the i,iaid receipt whenever called on so to do by the Chief of the Bureau of Public Lands, and a failure on the pa1·t of lhP !lettler and occupant to comply with this require· ment shnll be con!lidf'red as ll refusal to purchase and he shall be ouste-d ni. above pro\'idt'd and thf'reafter his holding may be leased or sold as in Cll"l' of unoccupied lands: And provided furtlier, 'l'hnt the Chief of the Bureau of Public Ln.nds in his dbJcretion may 1·pquire of nny settler nnd occupant so desfring to purchase that, pending the inn!i;tigntion requisite to fix the precise extent of his holding and its co11t, he shall nltorn to the Government as its tenant and pay n reasonable rent for the U!U! of his holding; but no such lease shnll be for a lon:,rer term than three years, and refusal on the 1mrl of any iJCttle1· and occupant so desiring to purchase to f'Xl..>Clllt> a le;1M> pending such in,·estigation shall be treated as n. refusal either to le1u1e or to purchase, and the Chief of the Bureau of Public J...a.mh1 shall proceed to oust him as in this Aet provided. SEC. 14. It shnll be the duty of the Chief of the Bureau of Public J.ands to collect nnd receive all rent and installments of purchase monl'y and interest thc1-con due and payable under the provision!-! of this Act, nnd to give prope1· receipts nnd acquittances llw1·efor and make l>rope1· record thereof in the books of his office. H•:l". 15. The Government hereby reserves the title to each and l'Vf'ry parcel of ln.nd sold under the provi11ions of this Act until the full payment of nil installments of purchase money and interest by the purchaser has been made, and any sale or incumbrnnce made by him shnll be invalid as against the Government of the Philippine lsland11 and shall be in all 1-cspccts subordinate to its prior claim. SEC. 16. Jn the e\'ent of the death of a holder of n. certificate, the issuance of which is provided for in section twelve hereof, prim· to the execution of a deed by the Government to any pur· chaser, his widow i;;hall he entitled to receive a deed of the land stated in the certificate upon tohowing that she has complied witl1 the 1·equirements of law for the purchase of the same. In case a holder of a certificate dies before the giving of the deed and does not Ir.ave a widow, then the interest of the holder of the cc1·tificate shall der;ccnd and deed shall issue to the persons who under the laws of the Philippine .Islands wou1d have taken had the title 360 OJrFICIAL GAZETTE been perfected before the death of the holder of the certificate, upon proof of the holders thus entitled of compliance with nil the r1•quhcments of the ccrtificntc. Jn case the holder of the certili· i>nt(' shall huvc sold his interest in the lnud before having complie1l with nil thP condititms thcrrof, the purchaser from the holder of the certilil'atP shull ™'entitled to all the rights of the holder of the eertiticnt(' upon presenting his assignment to the Chief of the Burcnu of Public Lands for registrntion. HEc. Ii. In the event that any !('SSPe or purchaser of land under tht> provisions of this Act should fail to pay his rrnl or any installment of purchnlie money nm! interest ther('OJJ, or nccrued inter('sl on anv instnllnwnt not duC', when and as Lhe sitme nmturr-s, it shall i1e tlw duty of the Chief of the Bureau of Public Lirnds nt om•t> to protect lhe Go\'crnment from loss. In the cnse of n lease, wht>ll the lessee is delinquent in payment of reut tlw Chief of th<' Bureau of Public Lands is empowNed to dl'clnre the lease forfeited, nmking proper f'ntry to that effect in the books of his ol1iee and gi\'ing notiee thereof to tlw frnant, and lo enter upon imtl tL1kr possession of thC' land hC'ltl by Uw lessC'e and bring suit ugninst thC' lessee fo1· nil l'ent due; in the easC' of a delinqm~nt purdmi>rr thl' Chief of tlw Bureau of Publie Lamls may cnforec payment of any past Jue installment 11ml interest by bringing suit. to rcCO\'e\· thC' same with intel'est thereon uml abo to enfon•(• t.lw lien of lh<' Government against the hrntl by selling the same in the mnnnC'r pro\'ided hr Act NumlX"red (hw hundred and nitwty for tlw fon•C"!osure of mortgages. In the e\·rnl of such sale tlw purchaser al such sale shall acquire a good and indrfeasihle titlr. The proceeds of salP shall be npplied to the paym<'nt of thC' costs of court nnd of all in;;tullments due or to lwcome (lur on such land. lf the proC'rPds of th~ sale nre sufficient to par nil JpJinquent instnllmenl>l as wl'll as all future installnwnts and 111\ cosb of thl' litigntion, thC'1'e shall he no fmther claim or linbility against the original lHll'<'haser. If the proC'eeds of the snlr of i-oaid land.'! should umonn1 to more than sufficient to puy all purchnsl' money uncl interest duP the Go\"ernment and costs of suit, the surplus thereof shall IX' returnrd to the original purchaser, or to the person entitled thereto. SEC. 18. No lease or sale ma<le by thf' Chief of the Bm·f'au of Public Lands under the prO\•isions of this .-\et shall b<' Yalid until approved by the SC'cretary of the In«-rior. SEc. HJ. No purchaser or lessl'r undC'r this Act shall acqnirr an~· exclusive rights to any canal, dikh. rf'servoir. or other iniga tion works. or to any water suppl,\' upon which such irrigation works are or mar be dependent, but nil of such irrigation works and water supplies shall r<'main und('J' the exclusive control of th(' GovrrnmPnt of the Philippin<' Islands and be administered nncll'r the direction of thr Chi1•f of tllC' Burenu of Public Lands for the common benefit of tl1os1• interests dependent upon them. And the Government resel'\'es us a part of the contrnct of sale in l'ach instance the right to levy an equitable contribution or tax for the maintenancr of surh inigation works. the nssrssment of which shall be based upon thP amount of benl'fits re<'eiv<'d, and l'ach purchaser under this Act by nccrpting the certificate of sale or dred herein providrd to be giwn shall be hC'ld to assent thereto. And it is further pro,·ided that all lands leasC'd 01· convryed under this Act shall remain subject to the right of way of such irriga· tion canal;;, ditche.'i, nm! reservoirs, ns now rxist or as tlw f:on•rn· ment may hereafter see fit to construct. SEC. 20. All persons receiving title to lands umlrr the provisions of this Act shall hold such lands suhjrct to lhr su.me public >lervitudrs as existed upon lands owned by prirnte persons undC'r the so\'ereignty of Spain, including those with reference to the littornl of the sea and the bimks of navigable rivrrs, and riv<'r<; upon wl1ich rafting muy be done. REc. 21. Thf' Civil Governor, when authorized hy resolution of tlH· Commission, may, by procla.mation, designatl' any tract or bacto; of said land.<; as nonalienable, and reserve th<' saml' for public use, and thrreafter rmch trncts shall not lw subject to sulr, lrase, or otlwr dio;position nndrr this Act. ~EC. 22. It shall be the duty of the Chief of the Bureau of Public Lands to make quarterly reports through the Secretary of the Jnteriol' to the Uommission showing the lands leased or sold by him in accol"dance with the provisions of this Act, Uw 11111011nts of money derived from such l'entaJs and su.ll's, and srn·h other informution us in his opinion may be of value to the Com· mission in connection with the said lands and their aclministration and disposition u.s provided hy this Act. Hoth the Hecretary of the li1terior :tnd the Chief of the Bureau of Public Lands shall huve the right to require of the special counsel named in the first iwction hereof, or of their successors, such advice and 11ssistnncC' as from time to time nw;r be rel1uired by them in the perfonuanc1• of their duties undl'r this Act, and it shall be the duty of sni1I counsrllors to give such legal advice and ussishmcP. ' Si::c. 2:1. All moneys del'ived by the Chief of the Bureau of Pub· lie Lands from the il'asing or sale of said lands, or from interl'st on clefrrrrd paymrnts thel'f'On, !<hall by him be prnmptly dcpositrd in tlw Jmmlnr Trensury. 8uch moneys shall he by the Treasun•r hc>hl sepamtl' and upnrt from geneml Insular funds and shall c011stitute a trust fund for the payment of .tlw principal and intrrest of tlw seven million two hundred and thirty-seven thou1m11d dollars of bonds i;.:sued and sold by the 8ecretary of W:u· in tlw name and on behalf of tlw Government of the Philippine lsl,mds for the purpose of mising money to pay the purchase price of said lum\s a!l provided in Act Numbered Ten hundred and thirty-four, entitled ''An Act providing for the issue of bonds of lhC' Government of the Philippine Islands to the amount of se\'en million two hundred and thirty-seven thousnnd dollars, gold coin of the United 8tates of the present standard value, for the purpose of acquiring funds for the payment of the pu,l'chase pl'ice of certain lal'gc tracts of land in the Philippine Islands, l'ommonly known as the friar lands, pursuant to the provision of sections sixty-three, sixty-four, and sixly·fi\'e of the act of Congress entitled 'An Act temporarily to provide for the administration of thC' nlfnirs of civil government in the Philippine Islands, and for other purposes,' approvC'd July first, nineteen hundred and lwo." Haid money shall also constitute a sinking fund for the payment of said bonds at maturity and may be invested and reinvested in safe interest-heal'ing bonds or other securities, which shall likewise br held by the Trensurer as a part of such sinking fund, and all interest, dividends, or profits derived from said bonds or other securities thus purchased shall likewise be a parl of imch sinking fund and may in turn be invested and reinvested in bonds or other securities. All purchases of bonds or other securities by the Treasurer shall be subject to the approval of the Secretary of Firume<• and Justice. St:c. 24. The Chief of the Bmeau of Public Lands, under the supel'vision of lhe Secretary of the Interior, shall prepare and issue such forms und instructions, consistent with this Act, as urn~· be nec<'ssary nntl proper to carry into effect all the provisions hereof that are to be ;1dminist<'red by or umlC'I' the dfrec· tion of the Bureau of Public Lands, and for lhe conduct of all procrcdings arising under such provisions. SEC. 25. The sum of ten thousand pesos, Philippine cmrency, is h('fcby appropriated out of any fund.<> in the Insular Trea;;m·)· not otherwise ~ippropl'iated, for thr purpose of paying the salary of the special couns<'I referred to in the first section hereof and for making the investigations and surveys rcquir<'1l hereby and for tlw generul carrying out of th<' provisions of this Act. SEC. 26. The short title of this Act shall be "The l"rial' Lands Act." 8i::c. 27. The public good requiring the speedy 1•1mctment of this bill, th<' passagP of tlw sanw j,; herC'by expedited in accor1htnce with srction two of ''An Act. prescribing the order of procrd111·1• hy the Commis.'>ion in tlw l'Jmclment of laws," puss<'d Nl'ptemlwr twenty-sixth, ni1wtee11 hund1vll. HEC. 28. This Act shall b1k1· <·ff<•C"t on its pa>lsagl'. J..:nacted, April 26, 1904, OFFICIAL GAZETTE 361 · -------------·------------------------ - -·-------LNo. 1121.J .-\X .\CT A.\IEXIJIKC1 • .\C'l'H Nt:MBKHJ~D 1''1Vl~ 1-IUNDRim .\XI> l~IUHTEl·!X AN'D HE\'l·;X llCNURl~D AND EIGHTY· OXE XO AX .:\IOIU! l•'UI..l~Y TO DJ~L•'INg 'l'IH: CRIME (W HIUCL\XUACm, • .\ND PUOVIDIXG PUNL8I-UU•:N'J' 1''0lt Tiii-: FAILVIH! CW .MUN'IU!J>AL Ol-'Jo'IUL\LH TO Pf<:H.· l·'OIU.l THJ~IR DL"'l'Y IX 'l'I-IA'l' RJ~HPl~CT. /f!J 1111/lwril,I} of tlie C11itnl Nlul<'B, be ii 1•1w1·1t·d li,11 llw l'l1iliPJlim· f_'r1111mi.'fsio11, lluit: StX:TIUN' I. Hl•<·liun mu• of A<'t Numhrl'ed L<'in• h11nd1·e1l und 1•ightl't•t1, <'lllilh·d ".\n At•l drlining highwny rohh1.•1·y or hrig11111lngt', and prm·i1lini.c fnr lht• p1111i,.l1111t•nt th1•1·l'fo1•," is lwrt•h)' 1rnwmlr1l so :1 .... to rt•1ul as follows: ··8£cTION ]. \\'henrver three m· more prnmni;, conspiring togrlher. slmll form ll bantl or robbers for thC' purpOlil' of 11t<•nling l'nrnbao. cattle, horses, rice, or personal }>l"OJx>rty of any dt>tit•rip· lion, or for tht• pnrpo!lt' of nbducting persons, eithrr for the purposr of t>Xlortion or obtuining nmsom, or for nny othl'I" purpose, by me1rns of forci> nnd violence, and shall he nrmed with de11.dly wl'ilponio; fm· thi11 purpo1:1l'. thl'y shnll be deemed highwny robben1 111· brignmh1, 1uhl t'\"rry pt•rson l"ngnb>t!d in the original formnlion of the bnnd, or joining it the1·eafter, shall, upon l'Oll\"iction thereof, Ill" punishl'd by de11th or imprisonment for not leiJS thnn twrnt.y vrnrs, in the diserction of the court." ' 8Ec. "2. Section two of snid Act ~umbe1-cd 1''ive htmdr .. d and eighteen is hereby amended so 11s to read as follows: "SEC. 2. 1'o pro,·e the crime described in the p1·evious section, it slmll not be necessary to ndduce evidence that any member of the band !ms in .fact committed robber~· or tlu•ft 01· nlxluction, hut it shnll be •.mfticient to j11.1:1tify cml\'ict.ion thereundrr if, from nil the ('\·ident"e it cnn be inferred berond n reasomtblc tlonbt that the al'l'Used was n nw111be1· of sucl; nn nrml'd bnnd a>1 that dr11cribed in imid section one." 1-iEc. :1. Section four of 11aid Act Numbered Fh-e humlrl'd and eighteen i::i herrby nmendl'd 110 as to J"cnd a11 followN: "SF.c. 4. ]~\'ery per.son knowingly aiding OJ' abrlting ~;ueh n band of brib~mds ns that dc11c1·ihrd in !!ection OIU! by gi\'ing them infor· nllltion of tlw mo\'rment of tht• police or Con;;t1thuhu·y or othe1· pl'ltl't> ofticeJ"s of the Government, or of the forCf'N of the United HI.ates Arm~· when ncting in aid of the Gon•rnment, or by securing or t-cceh·ing 8tolen propPrt~· from such brigand11, or by procuring for them supplie11 of money, food, clothing, arm>l, ammunition, or othPr property of any kind, or by furnii;hing thl' mtme to them. 01· b~· knowingly hiding. lodging, or harboring in hi;i house, or m1sis.ting in any way in the escape of n member of sueh a band of robbers ai; defined in section one. 1dmll, upon conviction, be puni!d1ed by imprisonment for not Jes"° than ten years and not morr than twrnty ~"ea1·!!." Rt:<.'. 4. &>ction five of Act Numbered Se\•en JmndrPd and eighty· onr. entitled "Au Act amending Act Sumbered One hundred nnd 111•\·ent~··five, l'ntitled 'An Act providing for the orgnnizntion of an insular Con::itabulary nnd for the in;;prction of thP municipal polil'l'.' :rncl Acts Numhrrcd Rix hnndrrd and ten. Rix hundred and 1•ightrl'n. nml 1-iix hundrr1! and ninrtPrn nmendntor,· therrof," i11 h<'rt.>by 11111rndl'll hy add in,!! nt thr <'llCI thr1·pof tl\C' £ollowin,!! word11: ":\lnnicipal polic·rnwn slmll II<' derml'd to lw nmniC'ip;il ollicers fol' thr p11rpo!I<' of this !lection." RF.c. 5. The public· good rPquirinJ? thP 11prrcly enactmrnt of thi::i bill. thr pns1<age of the 1111me i!! lwreby rxpeditrd in aecorcl1m('(' with !ll'('tion two of "An Act pre::it'ribinj!' thr ordrr of prol'eclurl' In' tlw C'onnni!!;;ion in tht> enactmrnt of hlws," pnsuwd RPptt>mber t~\'l'nt, .. 11ixth. ninet<>Pn hundred. Rt:C'. B. Thir.:; Art shall take C'ff'ret on ib pniumJ?('. F.mll'tr1l. A p1·i1 2i. 1904. LNo. ll22.] AX ACT PROVIDING l~OR A LOAN 01<, FOUR THOUSANO PE808, PHIJ .. IPPJXJ!~ CURR1'~NVY, TO TJ·m PHOVl~CE OF PARAGUA. /l.11 f11tlh01·il,11 of tlw l,"11itNI Ntatcs, bt' it e11a.ctl'rl l>JJ the Pliilip11inc nommiHHio11, lliat: Strr10=-i l. Thrrr is herrby appropriated, out of any funds in Lhr I n.suhu· Trrnsnry not otherwi!lt'! a1>1nopriuted, thr 11um of lom· thou111u11l p1•110>1, Philippine currency, to be loaned to the l'rovirwr of L•1m1g11n, nnd lo be expended by the provincial board of thnt pro\"incr for the genernl purpose.!! of the provincial gov· (•rnm1•11t in ucror1hmcc with the provisions of Act Numbered l~our lnmdrrd and twtmty·two, 01·ganizing the Pro\•ince of Pnragun. 1-i•:c'. i:!. The money nppropritlted in the, fil'!!L section of this Act 11hnll Ur paid to the itrt•relnry·trrmmrer of the Pro\•ince of Plll'ngna upon tlw production by him to the 'l'rensm-cr of the Philippine J;dnmlit or a certified copy of n t-cKOlution of the provincial board of Llw J•ro,•ince of Pnrngua. accepting imch loan and ugreeing to l'l•p1t~· tlw money, without inte1'f'st, on or before the fil'st day of :Mn~-, nineteen hundred and five. 81«·. :1. 'l'he pnblie j.,1'00d requiring the speedy enactment of this hill, lhr pnssngc of thr snme is het"<'hy expedited in accordanee with NCCtion two of ''An Act prescribing the order of proccdm·" h1· thr Commission in the enactment of laws," passed September t~rnnty·sixth, .nineteen hundred. 8i;;c. 4. 'l'his Aet !!hall take effrct on ill! passage. J<:nnrlfocl, April 2i, H>04. [No. 1123.] _\:\' ACT HO A:\mXDING 81~CTIOX8 'l'WJ;;LVli.:, ONE HUN· DRJ~D AND Jo'OR'l'Y·'L'HRJ!;J<:, AND 1''1V1'~ HUNDRJo;D AND T\\'Jo:JNJ~ 01'' ACT Nl"l\IB}!;RJ!!I> ONI•: HUNDR1i.:D AND :SINETY AH TO DIMINISH TJl:ft~ 1'~XP1'~NSE OF CONDUCT· ING THIAI.8 I~ COURTS (ff l<'IRST INSTANCE AND 01', PHOCEEl>ING/ooi IN THJo: 8UPRElII~ COURT IN m~vmw OJ<' Hl.TH TH.l.H .. '-1, A:S]) MAKING CERTAIN PROVISION8 OJ<' AC"J' ::\l':\IRHR1'~D OXJo; HUNDRED AND NIN1'~1'\' AP· PLICABl~E TO CRIMINAL CAtiRES, AND PROVlDJNG AX IN1';XPI~~81\'J~ MJo:'J'HOJl 01'' .-\PPK.\.L IX CARJ~S OF PAllPERS. ll.11 Hutliority of tlie United Stairs, be it e11aeted by tlie Philippine Oommission, tliat: SF.cTlox 1. 8ection twch·p of Act NmnheJ"ed One hund1-ed and niiwty, <>ntitlrd ··An Aet pro\'itling a Code of Procedure in civil nrtion!-1 nnd MJ>t>cinl proceedings in the Philippine INiands," i11 he1'f'by nmrndt>d ~ as Lo rent! llt!o follows: ;.8F.c. 12. Official la11guagc.-'fhe official language of all courts and tlu•ir l't'rord!-1 shnll be thl' 8pnnii1h l1mg11agc until the fil'!lt dny of .J11n1111r\', ninrtcen lmmlrt>d and 11ix. After that 1late }!;nglish ;;hnll hr tl;e oRiC'inl hmguage. hut the 8upl'eme Court or any Court of l•'ir::it Instnnee mnv in ib discretion order a. duplicate record in thr J~nglish langua~ mnde and duly enrollPd in any nction or JH'Ol'f'edinwi whenever the rourt Ahal! clet.erminr thnt 11uch dnplicatr wcord would promotP the publil' convenienl'f' nnd the interc11ts of the pnrlie::i: Provided. 'rhat 1rny part~· or his coun11el may cxnminr or Cl'OlJS·exnmine witnesses or makr an oral argument in English or n nnti\•e dialect, and the !!Ome shnll hr clearly interpl'f'Wcl into 8p11nh1h hy a eourt intrl'prrtrr w11enever thP judw i;;lmll !IO requh'f': nnd thr party or lii11 l'Onn,o;rl mny submit n writtrn or printed plead· in~ or hril"f in English or n native dinlPet if at. the !lllmP limr hr :wl'ompnnirs it by a rorrf'et Spanish tran11lation: And proddrd {1tr'11r1-, Thnt in cases in whil'h all thr partit>A or l'01m11el 11tipufatr in writinA". and the court eon11rnts. thr proereding;i. ma~· I><' l'ondnl'trd ·362 OFFICIAL GAZETTE in English or in a native dilllect only, nnd in such ciuoes the reco1·d of the pleadings, thr bills of exct>ptions, and judgments need not be translated into 8p11nish; 1lild prodde'I {11rtlwr, 'l'hnt when a cnRe, ch·il or cl'iminal, hi i;o tril'd in tlm English hmgmtgc in the trial t•ourl., in the l'\'rnt of 1m 1tppe11l, tl11~ ~nglish record shall be used in the 8uprcmc Court, but the bdefs shall ht~ accompanied by a tran.ilation into the Spanish hmgmtb~·" HF.l', :l, Hl'l't.ion one lnnuh"<'tl nnd forl~··tlll'r.c of said Act Num· brn•d Our hmulrcd 1md ninrtr i,,; hcrl'by nmt•ndcd by striking out the Sl'roml parngraph of said t1<'clion rl'ading ns follows'"hnnwdiiltel~· upon the allowance of 11 bill of cxceptiom:; by the judb'"<'• it sh111l l>e till' dut~· of the elt"rk to tnmsmit to the clerk of thl" Hnpreme Court u eertifil"d eopy of the hill of exceptions, and of all doC'1m1ent11 which by the bill of l"Xceplions al'e made a pa.rt of it. The eauS<' f.lhall be heud in the Hupn•nu• Court upon the eertifil"d CO)>)' of the hill of exl't'ptions so transmitted"nnd hy inse1·ting in lieu thereof the following paragraph: "luuuedilltel)' upon Lhl" 11llow:1m'l" of 11 bill of exceptions by the jucl:.,"'• it l'lhall be the duty of the cll"rk to transmit to the clerk of tlw 8upreme ('ourt the original bill of ex('("ptions and all documents whic-11 by thC' hill of l"xeeplion;i, :11·t• nmdr u part of it. The cause slmll ht' he1u·d in Lhf' Hupn•mf> l'om·t upon the l1ill of exceptions so trnnsmitted. nil duly CE"rtifil"d by lhl" elrrk of Lill' Court of First lnstunce.'" 81:c. :t Raid Aet Numbered One hundred and ninety is hereby furtlU'r nmC'ndrd by inr.;erting a new section betwl'Cn sections numLlr.rt>tl om• humlretl :11ul forty-tluf'e and one hundred and forty-four to 1"t•ad ns follows: '"RF.<". 143~ . . -lpprals b.11 ptlUpt'l'R.-ln case a defeated party dt•sin'll Lo l'arr)' his al"tion Lo the Huprcme l'ourt for revision, and shall t•i-tnhli.!h to thr s11ti!lfal'tion of thP t>ourt thut he is n pauper und mmhlt> to p11)· thr 1•XpC'nses of pros1•t•uting Lh1• ('Xccptions in the Snprt>me C'ourt. nml tlmt thf' eusC' is nf "uch importnncf', by reason of tlw mnount im·oh-f'd or th<' impol'blllC'l' of the qut>stions raised, that it oughl to he l"t•\'isrd by thr i-;u1m•nw ('ourt. the judge may 1•ntrr an or1lt>l' entitling Sll<'h 1wrso11 Lo u pnnper's appeal. Cpon !'\Ul'h ortlrr being m:uh• thf' l'lrl'k >1hall imnwdinll·ly transmit to thr l'lerk of the ~upreme l'ourt thf' l"ntire reeord of said cau11e, including the evidenl'e tnkc•n on trial :11111 the bill nf exccptiom1, and the <':lll!IC' shall be ht>1u·d in the Huprf'lllC' Court upon the original rt'oord so transmitted without tlll' snml' lx-ing copied or prinll'd in thr Snprt'lllf' l'ourt. The p11rt)' so pro;i(•euting a bill of e:rwt•ption.i1 nmy till" n typewritt1•n hl'ief, and tht> ill\llH' Kl1111l be ron11ide1·ed by the Hupl"t'llll" Court with Llw ori1.dm1l rN·onl in the t>ase; and upon lhml df'<·i><ion tlw nl'i1 . .d1ml l"t'l'Ol'tl .. hnll hr rl'Lm·n('(l to the lowt>I' c•ourt for rxet>ution in nel'ordanCt" with Kaid dl"cision. The clerk of the Hnprl"me ('ourt hrfon• n•tnrning Lhe l°l'C'Ol'd to the lower court shall make a memommlmn of nil th<• papel'!I in the record and 11 cop,\- of thf' df'cision and kl'<'p thl' suml' on file in hi11 ollice al'! a l'<'Cord of 11ut>h enm•P. ~o f('('s for thf' elnk of the Rupreme Court shall bt> ch:irg<!d in sueh causes,"' H1.;c. 4. !Wt·tion five h11nd1·ed and i;ix of said Act Numbered One h11nd1-ed and ninety i" hert'b)· amC'mh•d b)' adding at the end thereof till' following words: "It sihnll likewisf' be the duty of the clerk of the SupremC' Court, within ten da~·r.; aftt'r the elr»i<• of an)' lf'rm, to remit Lo the clerk!'! of llw Court!<; of Fird In11tanee, with the notices of nil .imlgmf'nb; of the SupTI'mC' Court in thifol. fol.eetion referred to, likewisr nil the originnl 1locuments and thf' record of thf' action tram1mitted by thf' elf'rk of the Court of First Im1tan('(", to the cle1·k of Um Court of First In11tanct>. in order that the files of the netion may rt>mnin togt"ther in that court.'' SEC. 5, Section five lmndt"Cd and twC'lve of said Act Numben>d Onf' lmmh"Cd and ninety il'I hercb;\' nmrnded by adding nt thr f'ml thr1•rof tllP following words: "Provided, hou·ever. Thnt in no netion, civil or criminal, 1dmll thf' printed hill of exceptionr.; contain the evidence tl1at hns been nddueed on the trial: A 11d prodded fm·ther, That in nil CRll!IPf.l in which the Supreme Court may review the evidence taken in the court lwlow, in 11ecordance with tl1C' provisionfol. of paragraph,; numIJl"red ont>, two, nnd tln'CC of imction four hundred and ninety-mwen. the Supreme Court slutll refer to the original testimony on file in the elerk'M otliee and Lo nny originnl documents constituting a part of Lhe file,; of the cause." SEC'. n. ThiM Act fol.hall 11pply to pending causes. 8t:C'. i. 'fhc pnblie good requiring thP speedy enactment of this hill. thr pas.mge of the Mllme i11 hereby expedited in accordance with se<"tion two of "An Act prt>l'lcribing the order of prncedure by the Commission if1 the eunetnwnt of lnws," pnfol.sed September twentysixth, nhlPt('('n hundrt'd. REc, 8. This Act fol.hall tllkt> f'lfeet on its pnssage. J~nnl'tPtl, .\pril 2i, 11104. fNo. 1124.l A:S ACT TO PROVIDI~ MlmI<'AL ATTENDANCE ON CIVIL OJ?FICJ.;RS AND J·:.l\IPJ..OYJi~l~8 AT ISOJ~A'l'fm POINTS \\'H:Ji~N tlPI·~ IR lN .H:OPARDY. 1111 r111tl101·it,11 of th!! li11iled Ntt1ks0 be it e11actetl b.IJ Ilic Philippine Co11i111issitm. tlwt: HECTION L In an)' case. wht>1-e an officer or f'mployee of the Insular Govei:nment or of 11 provim·ial government ifol. ill at a point remote from a hospital undf'r thf' control of the Insula.r or of 11 provincial b"li''ernmt>nt, nml it appears to the satisfaction of the Ci\·il GO\·ernor thnt medical attendance on such officer or f'mployee i11 nece!'l11ary to pr<'Serve his lift>, the Civil Go\•er11or may orcler an)· medicnl onieer in the employ of the Insular of a provincinl j!O\'ermne11t to attend 1mch ill person and, if neccHsary, conduct him to the mmrest h<»11>ilnl for Lrentml"nt. In case the attending physician nnd surgeon of 11. hospital under the control of the lm1ulnr or of 11 pro\·im·inl gover11111C'11t i11 so ordered to give sueh llU'dicnl nttC'ndanC't' ht' 11iay, if h<> 11h:11l deem it more advisable, de11igoatc in his stead for ~mch duty n competf'nt nurse in thl" C'mploy of tht> Go\'t>rnmf'nt. 1'lm netunl and necessary tra,·eling f'XJ>f'llS('l'l of .. uch phy><ician or nurst> shall be n proper charge uguinst the t>ontin~ent 11p1n·o1>rintio11s of the bureau or hospital in which ht> j,. rmploycd: 11nd, if thr patit>nt is nn employee of a pro\·incio.I go\'l'rmnent, sneh tra\'rling t>xpenses may be made n proper l'hn.rge 111..-a1in .. t the, provincial treasury. In no cnsie fol.hall thi"' .4.ct llf' oon .. truf'd to covf'r the traveling expenses or sub· t1i11tf'nce of 1meh ill employt't' to 01· from a ho.ipital, i;uch expensefol. being a pt>rsonal <-lmrge Lo he borne by him. This Act may be construNI rf'tl'Oltf'tiYf'ly to eove1· such cases of traveling expen!'les al'! herein provided for as may he fol.Jl<~citically nrlproved by the Ch·il Go\'Crnor. SEC. 2. The public good requiring the speedy cnuctment of this bill, the pasiwJ.."t' of llm same h1 hereby expeditf'd in 11.coordance with sPction two of ''An Act prc.q,cl'ibing the order of procedure by the Commission in the enactment of laws," (JJtf.lsPd Hcptemhf'r twenty-sixth, nineteen hundred. Hi;:c. :t 'rhi11 Act sihall tnke efrttt on its passagto. Ennclt>1l. April 2i. 1904. [No. 1125.l AX ACT EMPOWERING TIU~ CIVIL GOVERNOR TO DETAIL PRO\'IXCIAL l~ISCAI.S ')'gl\oJPORARILY FROM ONI~ PROVJXCJ<~ TO ANOTHER. ll.11 u11lliority of the U11ited 8ttltes, be it enacted by tlie Philippim.> ('ommission, that: ~KCTION I. The Civil Governor is hereby authorized, in the intr1•e..q,t;i. of Utt' public sel'vice, ·to direct the temporary detail of 11nr provint>htl fiscal from one province to any other province OFFICIAL GAZETTE 363 in the hlands to perform there such duties as may be assigned to him by the Civil Govern.or, any existing law to the contrary notwithstanding. The :tctual aml necessary traveling and living expcnii;cs of a provincial lisca.I so d<>tailed shall be paid by tho province to which he iri temporarily assigne1l: Pro1iiclcd, ko1cevcr, That the Ch·il Gon'!rnor may direct the pa~·ml'nt by such province of a. fixed per diem in lieu of actual expenses. SEC. 2. The t>Uhlic gooil requiring the speedy enactment of this bill, the p1U1sngc of the l!iame is hereby expedited in accordance with 11ection two of "An Act prescribing the onlcr of procedure by the Commission in the enactment of htwi!.," pns!o!ed 8eptember twenty-sixth, nineteen hundred. SEC. 3. This Act 11lmll take effect on its passage. Enacted, April 2i, l!J0-1. [No. 1126.] AN ACT FOR THE Pl:RPOSE OF EMPOWl.;RING PROVIN· CIAJ., BO • .\RDS TO Sl"BP<ENA \YlTNESSJ.;S AND TO HEQUIRE TESTI.MOXY UNDER OATH IN' CONDeCTING CirnTAIN INVESTIGATIONS, ~\ND 1',0R OTHJ.;R Pl'.RPOSES. is netunlly trnvcling, or away from Manila or his regular station on ollicial businrsi;, in adcliiion to necessary cost. of transportation. \Vh<m transportntion by steamship, Government transport, or otherwise, ineludc11 subsi11tenec, 110 per diem shall be paid or allowed for such portion of the journey, or when subsistence is furnished from 11 Govcrnmrnt mess of a field party. Sri:c. 2. The Commlt.ing J.;ngincer to the Commission is hereby nuthori:i'.cd to detail any employee not below the grade of clas!I six for the pm·p<»1c of m·r1·sceing and inspecting public works. 81-:c. 3. 'fhc public good requiring the speedy enactment of this bill, the pmomge of thr foll.line is hereby expedited in accordance with section two of "An Act prescribing the 1?1'dcr of procedure by t.he Commission in tht! enactment. of laws," passed September lwrnt.y-i.;ixt.h, nhwteen hundred. • REC. 4. This Act. 11h1lll take effect. on its passai,rc. J<~nacted, April 28, l!l04. EXECUTIVE ORDERS. Tim OOVERNlrnNT 01~ TI-m PHIUPPINJ.; ISJ~AND8, :EXIWVTIVE BUREAU. MANILA, .Uay .f, 1904. By arttliority of th(' lhiited 8tatcs, be it c11a('f('d by the Philippi11e Co1nmission, that: ]o;:,_;~;c~~:·~l~)RllKll} SECTION l. In nil im·cstigations condu<'lrd umlrr thr pro"isiom1 of Act Nmnbe1'Cd Three hundred and fourteen, entitled ··An Act amending the Provincial Go"ernmrnt Act so as to providr a more simple method of procedure in cases of :;;uspended lllllllil'ipnl official!~ and justi<'es of the peneP-," the provinl'ial board is hcrP-by empowered to require by subpccna the prescnce of thl" 1u·c1t!l<'d officer and the attendance and testimony undrr onth of witncs,.e!I. as also t11e production of all records, books. papers, and 1locumrnlil relating to the matter under im·estigation, anti to that end and for that purpose shall have po\\'Cr to rnforcc nttE'nd1mct! of witnE'i.;sr,; and require them to testify, and to maintain ortlt>r. in the same manner and to the same extent as justiceK of t.he pencc are re· qttil'Cd to do by Act Numbered One hundred and ninety. Soc. 2. In all cases where the Civil Governor slmll rcmo,·e any municipal officer or justice of the pence from office. he is het'Ch~· empowered, in hii.; discretion. to dcclnrc su<'h official clisqualifiecl thereafter from holding office. Such di!KJualification may be either special or general, and either temporary or permnnt>nt. SEc. 3. The .public good rrquiring: the sperd~· rnactment of thit-1 bill, the pa!!sag:e of the i;ame 0 i!I hert'liy rxprditrd in nccordancr with section two of "An Act prescribing the orclrr of proceclurr by the Commission in the enactment of laws," pn~!!C'd St!ptember twPnt\'·sixth, nineteen hundred. 811:~. 4. This Act shall take effect on its passai,"C. Enacted, April 28, 1904. [Xo. 112i.] AX ACT PROVIDI~G J.!'OR THE PAYMENT OF PJrn DIEM8 JN UEU OF EXPENSES TO J<~MPLOYEJ.1~8 l'N THE Bt:'REAU 01'' ENGINEERI~G WHO ARE DIRECTED TO PERFORM OFFICIAL TRAVEL. B!t 011tliority of the United Htatcs, be it c11actcd by the l'hilippi11e Cnmmission, that: 8t:CTION I. The Consulting Engineer to the Commission, the principal ns!listant engineer, the ai;silltant engineer in charge of railway!!, the chief of supervh1ors, nnd !IUCh other employeeR aio; mny he designated for duties in conneetion with the overseeing 11nd inspection of publie works, !!hall he entitled to a per diem of two dollar!! nnd fifty cents, l.Tnited 8tate111 currency, or its cquivn· lt>nt. in Philippine «urreney, for each day such 01Hce1· or employre The provilliom1 of Executive Onh•r Xumhercd One hundred, series ninrtren humfrcd aml t.wo, as nmt>ndcd by Executive Order Nmn· hel'rd Sixtcrn, i.;rrit.,. nineti•rn hundred and three, which became inopernth·r by rcnson of the commit.tee appointed the1'Cunder hav· ing rendet'Cd its report, arc hereby again made effective and in full forCf'. The committee will Ix> rerom·1med by t.he chairman for t11e con· sidt•rntion of such matters as may be brought properly before it. LUKE E. WRIGllT, Civil Governor. By 1',RANI( \V. CARPENTER, Acting E:x:cc11tivc 8ccreta1·9. THE GOV1'~RNMEN'T 01•' THE PHILIPPINE ISLANDS, OFFICI~ OF THJ<~ CIVIL GOVER:SOR. BAGUIO, BENOUET, .J/ay .f, 190.~. Exi:c~~~·~2~RDER } I-lonornhlt• Antonio .Jnym1'. go\·er1101· of the Provim:c of Occidental Xcgre»;: P. A. Cnsnnnve, treai.;urer of the Provim.-c of Occiclental XeglTu!: und .famc11 \\". ,Jobling, Director of the Serum Laboratory, Bureau of Go\'Crnmcnt Lnlm1·ntories, nre hereb.v appointed a committee, under the provh1ions of section nine Act :N'umbc1'Cd Two hundred and fifteen, for the purpose of inspecting, investigat· ing, and reporting upon the physical condition of one lmndretl and thirty·fi'\·e Government ca1·abaos now in charge of the supervisor of Occidental Segros. The committee will rigidly RCrutinize i.;uch evidencr us muy be offered touching the physical condition of Kuch animal!li, and will not recommend the relief of the officerR OI' llJ,'<"nb from responsibility unless fully imtisfied that the person or persons charged with the care and Cll!!tody of the animnli.; have performed their whole duty in endeavoring to protect the carabaos. 1'he procecdin~"!I of the eommittce will he prepared in triplicate nnd forwarded to the honornble the Civil Governor for com1ider· ntion. In case the counnittee find11 said nnimab1 afflicted with surra or otherwise unser\'iceable. the report of the committee will contain a. recomm1•ndation as to wht>ther it will be to the best advantage of thP Govrrnmrnt to sell !IUCh nnimah1 or to destroy tht>m. If the committee condemns tlw animals and recommPnds their safo 364 OFFICIAL GAZETTE t.hc fact will be commm1icatCd to the Civil Governor by tclepraph. Two mt>mhtm1 of the committee shall com1titutc 11 quorum for the trnmmction of hm1incss. LUKE K WlllOHT, Civil Govcn1or. nm l~OYJ<;HN:.\rn~·1· Ol~ TIU.: Piil l.IPPJNE tsr~ANDH, EXECU1'1VE BUREAU. MANILA, Mau 7, 1904. ]•~XEC~~~·~3:Rl>ER } Chiefs of Ilurrau>1 nnd 011ict>;; lll'l" hert'by rt!quh-Pd to fumhd1 to the Au~litor for the Philippine Islands 11 copy of every report of an examiuution of 1m olli<'<'r's 11<'eotmb made und1•r them by insp<'ctm·s, special a~nts. or .examinrr>1 t•tmnl'cted with the respel"iivc Durc1rns and Offiee11, imnwdiutely 11ft1•r 1"1t1ch cxnminntion is nmde. im·itin~ attention to llll)' plm!W' nf the rx1unination which ~liould he known to the Auditor when ihe final oRicilll audit is 1mulP. LUKE E. WRIGHT. Cidl Oovcr11or. DECISIONS OF THE SUPREME COURT. [No. 1484. Febn1arr 23, l!KM.] THB U.V/T/IJD ST1lT1'JS, co11iplai1ia.nt and appellee, i•a. ANTO~'/O DE LOS REl'ES, dc[emlant a.tid appellant. 1. CRIMINAL LA\1"; TllEAllON: E\"IDENt'E: l'oNFF..'l!llON.-Tcstlmnnr b)" an offie<"r RS to a confeaion mode to him b)" the accused will nut snpport ll convidlon of tl'CIUIOn, 08 a confe111ion of this crimti, to be effective, mullt be made In open court. 2. ID.; ID.; 0\'EltT Acr.-Thc dcfe11da11tacccpted from the 11elf-11tylcd "!lCcretarr of war" of the Katlp1111a11 Socict}" acomml!ll<lon ascnptaln In the ''Filipino arm)"," but never made any attempt to act M such. Hdd. thot the mere acceptance of the commission by the dcfcndont, nolhlng else being done, was not an overt act of trcB110n within the n1caning of the law. APPI<";AL from 11 judgment of the Court of First lustancc of Manila. The facts am statl'd in the opinion of the court.. CLAUlllO GABRIEi., for appelhml. Solicitor-General ARA.NETA, foi· a·11(lellcc. llcDoxuuon, ./,: The defendant is cluu·gcd with the crime of lreaSon, committed as follows: That on No\"eml.Jl'r 21, 1002, in )fonila, h1! did feloniousl~·, treai;onably, etc., fo\·~· war agaiust, adhere to, and gi\"c aid and comfort to the enemie11 of the Vnited Htatcs and of the Pl1ilippinc Islands, in that. on or about August :m, l!J02, he accepted 11. commis11ion in lhl' rl'gnlnr army of lill' "Filipino republic" and sen•ed as a captain and carried nrm11 in 11uch army and continued in such office and continued lo caJ'I",\• arms 11s uloresaill between the said dates of August :JO, ]!)02, and November 21, 1002, the said "Filipino republic" befog an atlrmpted government orgunitcd by \"arious personti against the authority of the United 8tatcs Government and that of the Phili1•11inr Ji.;Jands and having for its object the overthrow by armed insurrection of the regularly constituted government in said Islands. The defendant wns convicted in the Court of First Instance of ~Ianila and sentenced to imprisonmrnl for a term of twenty yenr11 and to pay a fine of $5,000. The evidence upon whi<'h the court below based this conviction is substantially as follows: .\ Constabulary 1lctectivc tesiifil•d that he met the defendant in Bacord, city of Maniln, November 21, 1002; that a companion of the witness told him that the defendant was a. captain in the Katipunan Society; that thereu1ion they detained the defendant and took him aside into a clump of trees where they talked to him and got him to admit that he was an officer of the Katipunan. The officers look the defendant to hit> hom~e, where they sc1\rched his trunk and found in it and took away a revolvm· and n c11ptain's 1..-ommission, under sen.ls. The following iii a CO(IY of this connniNsion: "8Ul'RJmE PRESll>ENCY Ol"' ·rui:: P111L11•1•1:-.E lsLANUS. "lly reason of the qualifications of Antonio de los Reyes and the good service rendered by him to the fntherhmd, Um supreme president ha!'I Reen flt to appoint him cuptnin in the regular army of these Islands. "It is therefore orderf'd that nil pc1·son11 1·ender him the corresponding honors 1md obey all orders which he mny issue for the good of the ser\•ice. •'K. K., the :JOth of August, 1002. "CENON NIGDAO, s. K., Jliniste1· of War. "A.G. DEL ROSARIO, "8. K., Sup1-enle Prcaidcnt. ••To DON ..\:-iTON"IO UE .J.()8 REYES, ··~tppoi1ltctl Ct1ptai11 i1i the Regular Army of these Philippine Islands." Thiti Vonstabuhu·y 1lcledive further testified that one Cenon Xigdao was a licutf'1mnt·1..'0loncl in l"Ommand of the whole Katipunan for~, but 11l thnt time hnd been ca.ptured and was a prisoner at Pasig. The witness wns miked what this Kutipunan Society is, and in rPply staled that it is an organization for forming an independent f.,J"Q\"rrmnent for the Philippines, not. letting their hcad11111ulP1·11. or whcrt>nboubl be known to the American Government, 11nd lo gain forcf'S 1md armtt by any mcnns they can; sometimes they m1c force in i.;ecnring members. When asked if he knew ony of the armed forces of t1m society, he 11aid that they made an attack on :May 30 upon a Government force of the United Htntes Army. He said he had not seen the d1•fend11nt with the insur1:,>"Cnt forePS. Another witnes!I for Lhe pl'Oflecution t1•stifled that he had been infornml of thi!I so-call('d go\'ermnent known as the Tagalog republic, or Kaiipumm, through captured clocumentli; that they had armed forces npprox;ma.ting :mo men, and thnt he knew their senls and recognized the seals on Exhibit A, the commission of the defendant, 11s tho.o;c of the organization. The next witness ca.lied by the J>rosecution w11s Cenon Nii,itlao, who stated that he was fl tllilor, 28 years of age, and secretary of war of thr Katipunan. He identified the signatures on Bxhibit A. He i;;.tuted that the Katipmum is the National party. lb purpose is lo d('fPncl the righto; of the country and to ask of the American (fon-rnmcnt the freedom of this country. He further Mlatl'd that whE"n Im gave this commission to the dPfendunt he tolil him to keep it, nnd when the time came for llwm to nsk fo1· libl"rty the people could not do him any harm. The witnCHK muned lh~ sccretnry of the Ndiom1l party, the minister of tlw i11terior, the minister of Htate, minister of war, 11nd minister of justice of the association. On cross-cxnmhmtion ihi11 Ml'erciary of wa.r for one w1mk tcsliflecl that he L'Ommandl'd no forcefoi.; did not know that defendant made 1111y use of l1b1 commission; that they did not ta.kc up arms because they were hPl"C in :\fonila; and that he was living in the same house with the defendant and gave him the commission there. Another witness sworn for the prosecution slated that he was not n member of the KatiJ>mum but. was a. member of the National pariy ever sint-e he left Bilibirl Prison; that the "scerctitry of war" appointed him a. lieutenant-colonel and he held the commission lhrcr month!! but ha<l no soldiers to command; and that there was no army when Ccnon Nigdao was living at Bacord. He said he was sent out lo Baling hY. one Santiago and' stayed there about three months, and when he found out that the1-e ·wa111 nothing doing he surrendered himself and one revolver to the president. 0]'FICIAL GAZETTE 365 If\\'(~ l'l'jt•t•t. a:o< w1• mnsl, the l'Ollf1•so1ion of the dcft>mlnnt nuulr lo th<' Const11h11lnr,\' ulli1•1•1-. brC'at1s1• il wns not 11111d1• in oprn t•ourl m; 1i.•1111il"(•1l h~· lnw (s1!t'. !I. al'I nf {'on~l'<'ss pnssed ).lnrch :-1. l!JO:!), w1• lmn• hut \'t•r~· littl11 in llw t•nse upon whirh to ba11c a dmri-.'l' of trl'n..ion. l~\'1•11 wlml th1•n• is is conlrndietory. 'fhe 1·lmr;..'l.' is that lht• 1l1•£1•mfonl look anus ni.,ra1i1111t lht• (;o\·cr1mu•nl in tlw 1·1•g1111lr armr of th1• "Philippilw rt>puhli1·." wln•rcns om! wih11•s1"1 for !ht• 111·0..1•1•11lion swcl\rll that the Kntipunan is Liu• t1·1·asom1blc 01w1nizatio11, nnuth<'r snp; lhnt hody j,.; known 1t:o< thr "'fng-nl<>f{ rt•1mbli1•."' aml anotlu-r. thr so-1•111lt>1l !l('Cl"f'b1r~· of wnr. who C'Olllllllllllit-tl no troopio. l111l to whom th<' UovN·nml'ni 111i:>sumnbly ~'ll\"t• 1•rt•dil l11•1•1111s1' ht• IN1tilit•d for tl11• prosecution. stat<'d thnt tlu• loi:atipunun wns tlw ··xatimml part,·" nm} the nbj<'d of that part,· wa" lo uhtuin from tht• l 'nit<'tl 8tnl<'s, b,· Jll'll<'P1thl<' 1111•;111s. lht• ind1•pPmll'ln"<' of th1• Philippim• lslamls. Thi' <'Onfossiun of tlw ll<"<'HSl'd h1•i11A" 11ispt1s<'d of. tlu• 0111,· ollll'l" 1111estion tn Ix.• 1•m1sitl1•1"t'd is wlwtht'r tlw ll'sli111011y of Oil<' wihwss tlmt II<' ii<sul'll to the• d1•ft•mlnnt the• 1•apti1in's t'Olllllli,;sion ubo\"<'mentimlt'd. nnd th<' frstimony of annlht>r witnt>ss thut hi' found this commission in lhl' 1lt•ft•nd11nt'i< trnn~. is sullirit•nt to Mti11fy tht' r<'quir1•11wnts of tlw sli\l11t1• tlmt "no fll'1'>1or1 in tlw Philippir111 hdnmls >1!11111 undt•r llw authority of 1111' l"nih•d 8tnll's Ill' ron,·i<"t<'d of frl'n>1011 " "' "" unlt•ss on llll' il'>1limon,· of two witn<>S>lt"" to lht• sum1• o\"l'l"t 11<'t ... ;> ...... Th<'I"<' i>1 no proof wlnlll'\·t·1· that tlw 1w1•111<1•1l did an,· ol111•r urt in ronm•dion with this rharj..'l' thnn to J1•('('i\"I' lhi!I 1•0111misi-1io11. On th<" 1·ontran-. th<' ··s1•(.'1'l'lnr\' nf wi1r·• h•slifird thnt thr\" ditl nnt tak1• up arms ill'1•;111st• thPr r;nmin1•1I lwr1• in :\l1111i111. . I rnn of the opinion that thr mt-re accE'ptune<> of thl' commission h,\" tlw drfl'ndant, nothin/,! 1·ls<> bl"illJ!" dmw. w;1s not 1111 lfft•rt 1u·t of tl'l'nson within tlw mt•imin/,! of tht• law. Hliu·kstm11• sn,·s thnl ··11s tl'eason i" tlw hi/,!hE'st c-h·il 1·rinw whi1·h I c-onside1'l'd 11s n mt>mlK"r of th1• 1·1111111111nit,· 1 an,· 1111111 1·1111 pn"1sihl:'· t•ommiL it llll/,!ht, th<'l·l'ftll'I', lo bt• 1 ht• most frl'l•I,· U!l('('rtuinl'd." Tiw !ltllll' of :11Tnil'."I tfowloi<l'tl hr lhl' t•\'iil1•111"<'-tht• pinyin/,! of thl' /,!111111' nf /,!0\"1•rnml'nt. likt> 1·hil1h1'11, tlw i<l't"l"C't11ril'!• 111111 rolourls :11111 1•nptnins, tht• pil'l11rl'" of 11111-!" um! s1•11ls and l'Olllllli"sions 1111 on pa1K'r, for tht> pm·posC' of th1pin/,! 111111 mii-1lt•111ling thl' i/,!rmrnnl 1111!1 tlw \"i1•io1111-should not ht> tli/,!nili<'d 1i,· thr nnmr of lrl'i\>1011. Tims<> l'ngnw•d in thii-1 plottinJ? :nul sl'h<"minJ? in tlw prl'tl'ns1• of ('."ltnbliKhin:: an intl<"pt•nck•nt /,!ll\"l'rlllll."nt in thl'sP lsl;1111l>1, with nothing hchintl tlll'm. without anus or snldi1•rs or 1110111':'"• and without thl' 1mssihilitr of K\l('l'l'"s. im• "impl,· 1•n,i.r.1g-1•1I in 1li•h1dinA" thl'111s1•h-rs ;11111 pl'rlmps innol'l·nt fnllm,·e1·s :nul in lillin/,! tlw 1'<'lls of Hilihicl PriKOll. En•n thon;d1 not µ:nilt:'· nf trt•aMl!I. th1•,\" 1m1y h1• trit•d for othel" ll'sspr <·rim<•K. Thl' <·aiw of tlw l"nih•d !'-ital"" 1·H. :\lug"lilm,\', 1·t'l'l'litl.\· drl'itll'd h,,- thi"I rourt. im·oln•1I 1111wh tlw !mllll' qm•stinn us this. nml i" follnwe1l. Tht' jndgml'nt lll'lnw j,. tlwri•for1· l"C'\"t•r1<1•1I nml I hi' 1li•f<"11tlnnt :wqnilt1"1l. hut withont pr1•judic•r to 1111' pro>11'<'Ulinµ: :rnthoritit•s tn pro<'<'l'd a,trainst thr defl'ndnnt fnr "lll'h other c-ri11ll' or l'rinws a ... thr P\"idt•m·r dh1!'I01<1'i<. Till' l'Osb ar1• 111ljml1--'l'<I dr o{irio. . \11•lh1110. (' . . J .. Torrrs. \\"illuril. :mt! :\Jnp11 .• J.J .. <'Olll'llr. ('oopl'r .. J .. fliKfll•nb. -Toh1111011 •• J .. 11id not ;;it in this r;i ... r. nf'ff'ndtlllt f/('1/llil/f'f/, {:-;'n.HI;>. ;l.hm·h 17. 1!104.J 1'11R f".Y/7'f.'/J RTATf.'R. tmm11h1im111t trnd "J!pellt•r, 1w • .1/ARl.DUJ PRL/r'l.-t'V() f:T .'11 •. , tlrfr11dm1l11 a11d "l'fidlr111t11. l'nrmNAI. J,Aw: RnRRF.RY' F.N <'l"Al'>lllJ.J,A: B111r.ASr>MlK.-Wherelt11ppe11!i' 1h11t the defenflnnll< were lnh11hlt1mUI or thC' town in whh•h the robbery WM r.ommitted, and there i11 no e\"ldl'nc•e nr nnr Ol?l'l'ement hetwC!l!n them other 17677--2 th&n to e0111mi\ the partleular erlme In question, the olfensc committed Is robbery en cuadrUlB under U1e Penal Code and not thot or brigandage under ActlU8. .\PPEAI~ from n judgment of the Court of J..'irst lnstant'C of Hiiml. The dcfc11th111ts wm·e prosecuted upon the following information tiled 1,,- Um fiscul of the Province of Rizul: "The undt!r"igned chargcli :\Iariuno l<'clicinno, Est,fridion 'l'olentino, Eduardo l'usennl, P11blo S11n ,Jo!W, and Doroteo Jose; (aliu~ :\lnteo Tucmot) of the crime of robbe1·y e1i cuadrilla, committctl 11s foltows: On the night of l\Jny 25, 1903, the accused, togetht•r with sewral other flt!l'!!on11, some of them di!!guised a!i mrmlie1·s of tl11• in11ul111· policl', being more than three in mumber nntl 1111 urmrd with guns, re\•olveni, and knives, assaulted the shop of the Chinumen Oa·Chio 11nd Si-Cuingco, situ11tcd in the town of Cardonn of lhiis Pl'ovinee of Rizal, Philippine Islands, 11nd with intent to gnin nud by employing intimidation of pel'sons 1111tl ui-1i11A" forL'<' upon inaninmlE' things took the money and jewels which thert' WE'l"C in the 1111id sto1-e; this against the statue in the t·11i-1e nnnlE' and provided." The lri11l l'Olll't L'Oll\"i<'ll'd the defendants of the crime charged, with tlll' 11gg1·11\·ntinl( cit·1·umstancc of noeturnity, and sentenced l!llch of them to kn '"t•111·s of prcsidio 11w,11or. Against this decision lhe,· 11ppe11led. Ln.·m \"11.LAltEAL, for 11ppell1111ts. Holicitor-(h•neral AHA!'H:TA, for uppellel'. .\HELl.A:SO. ('. 0 / . : The fiu·l>1 prm·cd art• th11t the fi\'e defendanb, at II o'clock at night, :\Ia,· 2;;. rno:J, m111aultrd the 11tore of some Chinamen in the town of C'urdona, Rizal, thl' defendants Feliciano nnd Tolentino IK'ing 11rmed with rr\•olver11 nnd the other three with bolos, and that tlw'' rohlX'd the stm·e of 248 peso!! and other valuable propert,·, 1'hr fin• tl1•f<'111l11nb 1tr<" known to hr inh11bitants of the town in whi1·h thl' robbery wni-1 committed, und did not constitute a known hund of brignnd11. There was no agreement between them other than tlmt rruehed for th<" pnrtieulnr purpose of committing the crim<" of roblX'r'' in tlw i-1tore of the China.men. They were nil sl.'1•11 in the town on tlw day following the robbery. Con· i:irqurntl,· tlu:·,· 111·<' ;rniltr nf l"Obbcry "" cuadrilla, within the nwuninA" of thr trrm a"' dl'finrd by nrtiele 505 of the PE"nal Code, nnd nre li11hl1• to tht> p<'nnlty prPseribrd by nrtiele 504 in connection with 1111rngr111•h ii of article 503. There was no errol' in tht' finding of tlw court h<'low that th<! offrnse was committed with tlw nggrnvnting <'ircum11limce of noeturnity. Wr thrrefo1·r affirm tht• judgment 11ppcnled by which the dcf1•11d11nt;; WCI"<' "entrnl'f'd to trn ycal"N of pi-esidio mayor aml to the pnymrnt of thl' co11b in rqunl pnrt11. nnd impose upon them the 11ddition11I obligntion of the riit111"11 of thr. money und property robbed, with tht' oom~rquPnt 11<"cf'l!sor,· p<'nnlties. with the p1lyment of thl' <'OSb of this in!lltan<'t" in the 11ame proportion. f'ooper. 1\fopll, nnd M<'Donough, J,J .• concur . To11K•:s, ./., with whom concur \YILLARD nnd ,JoJINSON •• /./., dis"<'nting-: Wr arr of thl' opinion tlmt thr nimE' 11ho111d bP elas~1l 11s hriwuulnjr<' aml thr ill'fendnnh eonvil'ted in accordance with the provi!llion,i; of artieh• 1 of .\<'t !ilR. for thl' l"<"ll.!!on11 11t11tE'd in the 1li1111pntilljr opinion in thr rnsr of tlw Fnitl'cl At11tr11 VB. Francisco flt>r1111in. Offil'inl 01u:rttl'. ~o. ;;;. puhli11hl'd Octo1X'r i. 1003. Ace ;1Jso tlw drci11ion in th1• c1111e of thr Pnitrd Atittrs 1'.'I. Pedro :\faano. Official Gmr.ettr. No. 2. puhlii:ihrd .January• 13. 1904. ./11dgment affi.rmed. 366 OFFICIAL GAZETTE [No. H03. 1\larch 19, 1904.) ./WW fJ. :LLf:.1/.-1.\T /~"/' .l/ ... 11rlitio11a11, rs. HO:Y. ,fOJIN C. SffH/~'.Y/~T. j1ul!f<' of fire Court of Virsf /11st<uice of .l/ru1i_la, n·.~po11de11I. MANll,Dll'S: RlrnOVAJ. OF Gl'AIUlJAN: .\rn:AJ, FHUM 0111n:n: Trnv. t'OR ArPEAL.-Notice of appeal from nu order ratifyinJ,:" the rcmo,·al of a guardian must be given within twenty dars from the date thereof, and an allegation in n pclilion f('>r a writ of mandamus thnt such notice Wm< gh·cn within twcnt~· days from the time the petitioner first heard of the order i:s not su!lkient. ORHHXAL PETl'rlO~ for writ of mandamus. Prior to the 2d da;-.· of April, 1903, Dofia ,Juana :\Lorl'llO de Rostrollo hud l)('<'ll the guardian of. the minors Leandro and Pnz Gruet. On tlH' 2cl day of April the plaintiffs pr("sl•ntl'tl an ;1pplicution lo the Court of First Instance of J.lnnila asking that the guardian lw remon·d and that tlw plilintitT Doiiu Andren Ata:yde be nppointcd guardian of the pPrsons and the plaintiff ,Jose E. Alemany udministrntor of the property of th<> minors. On April i the court ).!nllltcd lhc prny<'r of th{' petition and nmde the appointments as requestNL The plaintiff Alemany g:we a bond in 25,000 pesos. On tllC' ,.;ame day the fornlC'r gunrdian, Doiia ,Juana Moreno, diC'CI. On April Ii th<> respondent judge annulled the appointment of th<> plaintiffs anti appointed Carlos Rostrollo in their plaC'e until th<> will of Doiia .Jnann ::\loreno had been pro,·ed. On the 22d of April tlw plaintiff,.; til<'d notice of appeal from th<' order of Apl'il Ii and t<>mll'l'Nl a bond. The re!ipondent judg<' refused to allow an appC"i1I agnin.«t the orci<>r of ~.\pril li. Subs<>q1wntl~·· al 11 1lnt<> whi(•h dol's not appNH, tlw respondent judgl' m:ul<> anotllC'r onll'l' ratifying- thl' annulm<'nt of the appointment of th<> plaintiffs am! confirming- the appoint· ment of Carlos Ro:-;trollo. ThP plnintiffs alll'gl' thnt tlwy fir:-;t heard of this order earl~· in .Tun<>. nnd on .Tnn<' JO appcale<l from it in so far as it mad<' th<' nppointnwnt. of Cnr\o.;; Rmit.rollo final, which appeul the r<'spondent judg-f' rl'fm1ed to nllow. On the :Jd chiy of .July. HIO:J. tlw 1wtitimlC'l'.'l fil('d a complnint in the Supreme C'omt setting forth in 1<11bstnn('<" the facts abovr related and pray<'d thnt n writ of manrlamu,.; issn<' agninst thr l'l'spondent to eompel him to allow thrir nppmlfl from the two orders mentioned. Tht> respond('nt dPmurrcd to the p<'tition; tllC' dPmurrel' was OYl'rruled ( Al<'man~' r.~. Rwl't>1wy., 1 Off. Gaz., 85i). The rcspondl'nt then fill'd an answN to th<" petition. The plaintiff"' mOVl'd that th<> answc>r he slri<'kt•Jl out on tl1t> gro11ml that it was arg-umPntativl'. This motion wa,.; dPnied ( All'mnn~· 1·s. 8wl'cne~·· 2 Off. Gnz .. I IO). The> other fad;; ar<' statNl in the (ll'cision of the court. LEDES~lA. SUML'J.OXG & QUJNTOS. for pPtitioners. . JonN C. RwEEXEY. rc•spondent, on hii< own behalf. WILLARn, .f.: On October 31. lf)03. this court held that the complaint in this case stated a cnuse of net.ion. On Dec('mber 29, 1903, it held that the nnswl'r stated no 1ldC'n:-;r. ThC" c•afle coming- on to be heard in its ordcl' on the calendar. on .January 20, 1904, the defendant asked lean to flip an am('Jlt}p(\ nnflWC'r. Th<' only allegation or denial in the prorosl'd amendN) Hl\!i\\"('I" whj(']1 is at alJ material j,_ the allC"gation that when the plaintiffs. on April 22, gaYe notice of an appeal from the order of April 17 rl'moving them, they present('d no bond. This stntPmPnt ap1)('ars to \w untrue. for the plaintiffs prc.~ent a certified l'opy of thP hond on file in tl1C' court below. Tt ifl to hr noticed ful'ther thnt when tllC' defendnnt denied the appeal hp plncc>d his ruling on other ground~, and his order t'ays nothing about any alll'ged failurf' to prpsent a bond. The application to lilt> thP amrndt>d answer is denied. WP hav<' already hPJd thnt the plaintiffs are l'ntitled to their app<'al from thf' order of April 17. It only rl'mains to decid<.> wh<'ther thpy ar<> <'ntitl('d to nppPal from the second ordn. It (}ops not appl'ar from thC" complaint whrn thi<i sl'cond ol'Clt>r wa.<i made. The allegation that the plaintiffs gave notice of appeal within twenty day,; aftl'r they learned of the ordcl' is not snflicient. The Code require"' thl' appeal to be taken within twenty days after the Ol'der is mad<', not within twenty days after notice therC'of. As to this or(\er il doC's not appear that the appeal was taken in time, and the plaintiffs al'e therefore not entitled to have it allowed. In Yiew of the position taken at the argument by counsel for the defendant, we mny add that, in requiring this appeal to be admitted, we do not in any way determine whether the Ol'der made on April Ii wa;i void or valid. \Ve simpl)• hold that the plaintiffs ha\'C a l'ight to bring the case here by appeal for the purpose of having that question argued and determined. .Tndgment will he entered directing the dl'femlant, upon the pre!iC"ntation of a bond sufficient in amount and sul'eties, to approve the saml', and to allow the appeal of the plaintiffs from the order of April 1i, 190:J, annulling the appointments of the plaintiffg us guardians of tlw minors Leandro and Paz Gruet, with C'osts against the defendant. .\J"el!ano, C .• T., Torres, Cooper, Mapa, McDonough, and Johnson, .TJ., coneur. lrrit allo1ocd. [No. H3!l. March 19, 1904.] .l.Y'l'<J.V/O r.4.8'/'ASEDA, plaintiff and appl'llet~, vs. JOSE E. ALEM.lNl', defendant and appella11I. t. W1u.~; BY Wnol1 WRITTF.1'.-lf a. will is signed br the testator or by someone else in his presence Rnd under his exprcR! direction it is a mntter of indifference by whom the meehanical work of writing the will is done. 2. lo.: Pnoe.1.TE; EFFECT.-The probate of a. will is conclnsivc os to its due execution Rnd 11.s to the testa.mcntary capacity or the testRtor, but not as to the \·alldity of any dispositions made In the will. 3. In.: Ill.: VA!,IDITY OF DISPOSITIONS: Jt'l\ISDICTION.-ln proceedings for the allowance or proha.te of a will the eourts are without jurisdiction to deter· mine qucstioni; conceruing the validity of the dispositions of the will. APPEAJ~ from a judgment of the Court of Fil'st Instance of. l\funila allowing the will of Doiia Juana Moreno. Till' fads 11rc slat1•1l in the opinion of the court. L•:nE:.M.t. SUllULONG & QUINTOS, for appellant. Tl\(' eomt erred in holding that all the legal fonnalities had be('!J complied with in the l'xceution of the will of Doii.a .• Juana J.Ioreno, a!! the proof shows that the said will wa;i not written in the presence and under the express direction of the testall'ix as required by arti<'ll' 618 of the Codi' of Civil Proeedure. ~\XTONIO v. lh:itKEltO, for appellel' . The grounds upon whil'h a will ma,r he disallowed are limited lo thoi;e mentioned in article 634 of the Code of Civil Procedure. WILLARD, J.: ( 1) The evidence in this case shows to our satisfaction that thl' will of Doiia .Tnam1 Moreno was duly signed by herself in the presence of thrcP. witnesses, who signed it ns witnesses in the pl'('sence of the testatrix and of each other. It was the1·cfore exl'Cllt<'d in confol'mity with law. There j,., nothing in the langunge of section 618 of the Code of Civil Procedure which supports the daim of the appellants that the wi)l must be written by the testator himself or by someone else in his presence and under his express dil'eetion. That section requires (1) that the will be in writing and (2) either that the tpstator sign it himself or. if he doei; not sign it, that it be !iigned by someone in his presence and by his l'Xpress direction. W'ho does the mechanical work of writing the will is a matter of indifference. The fact, ther('fore. that in this case the will was t:i.•pewritten in the office of thP lawyer for the testatrix is of no l'onsequence. The English text of article 618 is very plain. The OFFICIAL GAZETTE 367 mistnke=o in trnnsllltion fouml in the first Spanish edition of the Code ha ,.e been corrected in' the second. (2) 'fo pstabli"h conl'insively as ugainst e\•eryone, nnd once for 1111 the fuds thnl 11 will mh1 t-xecutcd with the formalities 1·1"<1t1ired by law and Uml the tl"stalor wns in a condition to make a will, is the only purpo!W of the 1n·ot•Pedin1,.rs under the new Uode for thf' probnte of u will. (See. 625.) 'l'he judgment in such procec1li11gs delN·mint>s and c1rn determine nothing more. In them the> court has no power to pass upon the validity of any dispositions 'nuidt~ in ihfl will. Jt t•un not decide-, for ex1unple, that a. 1-..•rlnin fognc~· io1 \'oitl uml 11nolher onr Ynlid. lt could not in this 1•;1.w nmke nn:i· d1•1·i11ion t~pon tlw question whetlwr the testatrix lrnd the powl'r to tippoint by will 11 gunrdinn for the propel'ty of ht"I' dtildren by he1· lfrst hnsbnnd, or whether the person so appointed was 01· \\'1t.s not ll suitable person to dis<'harge 1mch trust. All imch questions must be decided in some othel' proceeding. The grounds on whil·h 11 will nmy be disallowed art' stated in sl"Ction 634. Unlt"ss one of those grounds appears the will must be ullowed. 'l'hl\\' all han• to do with the personal condition of the te>itdor nt thf' time of its Clxecntion nnd the formalities connel·tl'd therewith. lt follows th11t nl'ither thii> court nor the (•ourt below has any jul'isdiction in this prOl:eeding to puss upon the qtwstions raised by the appl'llants by the assignment of el'ror l'elating lo tlw nppoinlnwnt of a guardian for the children of thr deceased. It is dainwd b~· thl' uppellnnts that there was no testimony in thl' court below to show that the will executed by tht" deceased was thr same will pr<>st'ntetl to the court and concN·ning which this hearing was hnd. It is true that the c\·idence does not show th:lt the document in court was prcsl'nted to the witnesses and i1lcntified by .them. ill> should hal"c bet>n done. But we think that Wt' arc jnstifit>d in ~mying that it was assumed by all the parties during thP trial in tlw court below that lhl.' will about whil'h thl' witnes11es wl'l'e testif:ying WUN Lim documt>nl then in l'01ut. No suggestion of any kind was then made by the co11m1cl for the ;1ppellnnts that it wal'I not Um same in8trumPnt. Jn the h111t llUt>stion put to tlw witn~s Gonzales the phrasl• ••thiM will" i8 nsl'd hr tltt' <:otm>ll'I fo1· the appellants. Jn their argument in that <·om·t found on png-e 15 of till' rl.'l'<ll'll lhl'y heat the ~stimony of the witnesses as referring to thl' will wlmst' probate they were then opposing. The judgment of the court below is affirmed. eliminath1g thl'l'l'· from. howl'nr, the elanse "p) (•1ml debl'rfi ejel'utarse fie) y exaeta· mt'nte C'D todns "us part.C's." The <"Osh of this instanc>e will hr ehargPli againi;t the appellants. Ar1•1lano, (' .• J.. Torre:.. ('ooprr. lhtpu. McDonough. 1md ,Johnson. .J,J.. concur. .'1ldgtnent a/firmed. (No. 1476. Minch 19, l!JCM.] .11.HID.HJR:.V.1 f'~LNHIXO WI' AL., plaintiff11 and appellants, 1:s. <JRRFANIO FATJnr:;z BT AL., dcfendmits (itid appellees. t. PLEADING ASD PRACTICE; CollPLAIST: A"END>IENT; EXBIBITl.-The orlgj. m\I complaint having been held bad on demurrer the plalnt18's filed a.n nmtnded com pin int, in wbieh ther reforrcd to Exhibit A for a description or the hmd In litigation. Exhibit A Willi not attached to the amended complnint, but to the original complnlnt. lleld, thnt ttn<ler a libero I construction u! the plea.dinga the amended complaint should be considered as though Exhibit A hnd been ph)'sically ntlnchcd to it. 2. lo.: ID.: CERTAINTY; DESCRll'TION OF LAND~.-A complaint which stalC'S the pueblo. bnrrio, and rritlo where the land In question is sltuatc1J, the pur· poi;e to which it is de\·oted, it.!I 11rca nnd boundaril'll, Is not demurmblc for 11nccr1alnty. 3. IP.: Al'rRAL: FIN&L ORPRR.-An orderdismissingtheaction upon the failure uf plaintilfs to amend within the time allowed after nn order sustaining a clemurrer to the complaint is final and llPPeahible. 4. 111.; FAIL\:RE TU ,\)!ltSD CO)ll'l.AIST: JnJG!llENT FOR DEFENllANT.-When a demurrer to the complaint ls sustained and the plaintiff's refu.sc to amend the court should enter judgment for the defendants to the erreet that the plnintllfs take nothing by U1e uetion and thC' defendants recover their costs. APPEAL from a judgment of the Court of First lnsta.nce of P1mgasinan. Tkc fitets m·c stated in the opinion of the court. JSAHEW AUTACHO, fo1· 11.ppellants. WADE H. KlTCllENS, fo1· appellees. WILLARD, J.: The original complaint described the lands by reference to a document 1mi.rkcd "A," which was attu.ched to the complaint. The umendcd complaint contained thiH clause: "The estate is described in detail i11 Exhibit A, which is hereto attached, and the plaintiffs ask that it be considl're.i as an integral })U.l't of this complaint." Exhibit A was, however, not attached to the amended complaint, but remained attached to the original complaint. Section JOG of the Code of Civil Procedure pro\"ides that pleadings shall be liberally construed. Applying this rule, we think that the amended complaint should be considet'ed as if Exhibit A had been physically nttachcd to it.. No harm is done to the defendants by this holding. 'r11ey had in the originnl complaint the exhibit and were fully informed of its contents. In his decision sustaining the demurrer the judge below evidl'ntly took this view of the matter. With thia Exhibit A attaclwd the a.mended complaint stated the pueblo, barrio, and sitios in which the land was situated. It stated the purpose to w11ich it was devoted, that it contained 309 heclu.l'cs 11nd 5 areas, a.nd gave its boundaries. This is a goml description as against a demurrer. The amended complaint describe..~ only one tract of land. 'l'his appears in nlmo.st evel'y parngru.ph thereof. The fact that in pamgraph 9 it is stated that certain of the defendants took illegnl posses11ion of various parts of this tract can not be allowed to overcome the nllegation in paragraph 7 to the effect the.t the defendants had taken IJOl"~ssion of the lands of the plaintiffs. It is claimed by the appellees thnt the case is improperly beforC' thh1 court. When the court below sustained the demurrer the plaintiff>1 excrpted. They did not then attempt to bring the case here upon thnt exception. They waited until the court madr its orders of July 10 and 11, dismissing the action. They then interposed the remedy of appeal against these two orders. This document, culled an appeal, was equivalent to an exception to these orders and must be so considered. 'l'he order of July 11 put un end to the case. It was the final judgment therein, and, l1aving excepted thc1·eto, the plaintiffs had then the right to remove the ease to this court. Upon that remo,•al, by the terms of section 143, they had the l'ight to have reviewed "all rulings, orders, and judgments made in the action to whieh the party has duly excepted." That includes in this case the order sustnining the demurrer. Although in \'iew of the 1·esult arrived at it is not necessary, yet we will add that we agree with the appellant that dismisse.I was not the prope1· way to termina.te tbis case. The demurrer to the complaint having been sustained and the plaintiffs having refused to amend, the court should have entered judgment for the defendants to the effect that the plaintiITs take nothing by the action and the defendants recover their costs. The plaintiffs took an exception to the order of the court below refusing to appoint a. receiver. They have, howeve1·, neither assigned this ruling ns error nor mentioned it iri their brief. The exception must be considered us abandoned. The ju'dgmcnt is reversl'd and the case remanded with instructions to the cou1t below to o\·rrrule the demurrer to the amended complaint and proct>ed with the cn11r in accordance with law, with l'OSts of this instanl'e against the appellees. Arl'llano, C. J., Tor1·e .. , f'oope1·, ~Iap11, McDonough, nnd Johnson, JJ., concur. · J11dgmei1t reversed. 368 OFFICIAL G.AZETTE (No, U'iti. Mnrch :ll, l!KM.) 1'HJ.: l'.\'/'l'f;IJ N'/':l'l'RN, compluimml <mrl upprllre, vs. PLACl/JO f:NP/N/f)/().\" f:T .11 •.• defe11d<111IH tll/d flJJpellai1tR. C'Hl:lllNAI. I • .a.w; B1m1.1.N11Ati~; En11KNCM.-When thel•\•ldcnce h•not1mftlcicntl)' C'Crtnin lo show thnt the nt'111sed lmd conspired to rob, or thnt ther hn1l l'ommittcd robberr or tlmt they had glv<'n u.ict and comfort to brlgnnds, the1-e cau be no cn11vit-1io11 of the 1•riml' of brlgandngc. :\PPJ.~AL fr11111 ;l jmlgmrnt of tilt' Court of lo'irl'll ln::it1ln('{' of Rizul. Thr f1t('l"' n1·1• "tntc>d in tht• 011i11io11 of tht• eourt . . JosS:: I •. lxxA, for nppellnnt.i, Soli1·itoi·-(:1•1w1·al . .\KAXl;;"I'.\, for appt>llrc>. .Jou:-;sox, J.: Thl' 1ll'fl'111lnnt11 in this <·1uw Wl'r1• dnu•gt•tl with the erime of ba11dolel'ismo and wen• trit-tl in thl' l'onri of l•'il'>1I lnstu11t.-e of the Pm\•in!'t• of Rizlll. At tht• co1wlm1ion of the trill) Placido Jo.:i;piridion nnd Tibun·io dt" la l'ruz \\'l'l"l' 1wquitled 1t111l 1liiwlml'gt"tl. Tlw othl'r tlm·t• d<'fl'ndnnts Wl'l'f' f'IU•h C'OllYieted of thP <·riml' of ba11dofrris111u nnd \WI'<' Sl'lltl'IU'l'd to bl' impri1:1011<'tl fo1· tlw tt•rm of tt'n .\'I'll.rs 1m1IN' >ll't·tion 4 of .\et .jJS of thl' t'i\'il C..:ouuni!'lllion. The e\'itll'lll't' prt>sentl'd in this <•nst' wits not sullki1•11tly Cl'rtnin to show thnt th<• i1et•usl'll \\'t'I"<' guilty of tlw l'rinw l')ltlrJ.'"l•1l. The proof wni< not su11il'ient lo >1how lhnt th1• lll'Ct1t1Pd hnd t'fmspil"l"'d lo rob or luttl l'\.l'll eommitti•d robl"ll•Q". X<'ilher w11.- tiw proof ,.,nHicif'nt to show tlmt tlw at·en.;f'd hod gin•n aid and eomfort of 11nr l'iutrneh•r wlmll'\"l•r to bnmlits 01· bri~mds. Tiu• sen~lll't' of th1• t'<mrt lll'low is. tht•1'f'for1· l'l'\'l'r;o;f'd. nnd thP dt>f<'nd1rnts n11tl 1•11t·h of thl'm arr> ht>rt>b~· Ol'tlt•1°l'd dis.l'lmr:..'l'd, .\il'llrmo. l' .. I .. Tont>s. l'oopc•r, \Yillnrcl. :\l:tpn nml :\il'Donough. ,J,J., eoncnr. /Jr{1•11da11tl'i 11r1111itlrd. [So. J'1ii0. March :!I, 190-I.] 1'/lf.' l'.\'ITRlJ R'J'.·l1'J:,'/, t't1m11luim111t 111ul uppclfrr. rs. IJRR.\'AllR (/(}.Jlf.'Z. de(r11d11i1I fllUi uppefltlllf. CRl)(INA.L LAW: F.U.SU'ICA.TION O~' l'l'BJ.IC llOl'l'l!~NT.-There can be no ronvil•· · tlon of tile offense of knowing!)' using R false document In the absence of proof of the defcndRnt'11 knowledge of Ila fAlslty. . .\l'PE.\L from ;1 judgnwnt of tlw ('onri of First h1stnm·1• of :\fonila. 'l'lw fa(•t11 an• statt>d in the opinion of till' eourt. l'•:RFE('TO (;."-HRI•:1 .. fol' appt>llant. Holieito1··Gl'IU'l'lll • .\RA:\"~-;'J'.\, fo1· 11pp1•1ll'('. \\'11.I.AllD, ,/,: Th<' def1•11d1111t wm• l'har:.."<·tl with the folsilicntiun of n \"1•hil'l1• li1•t>n,,;e n11tl was l'Oll\'i1·ti•d of tlw off1•nsi:• of usi11g till' nlh•rP1l liwnow in coul't. knowini.r i'hat it h1ttl lx>fon <'lmnged. The nltel'l'tl li<'Plli<t• wns p1·t>..iente<l ai thl' ll'i11) of 11 1·1·i111.innl r1tl!l' in till' :\Iuni(•ip1tl ('oul'l uf lhmiln for tiw pnrpos1• of showing thnt thi.i dl'fl'nd1mt hnd 11 lil't•nsl' for the n-hic·)I'. Unt thl'l'l' is no e\·idenel! in tl1i,., 1•11sp thnt tlw dt>f1•ndnnt lwrl' wns n pnl't~· lo tht> 1'1·iminnl (';ts1• in ti1l' :\hmil'ipnl Coul't. On the oontrnr)' it .sl'Pms tbnt tlw dPfl'ntlnnt in tlmt en"l' wn,.; tht> roehPro of this dt>f Pmlnnt. Xm· is thPrr> 11ny l'\'idPm·1• thnt thP d1•fendnnt in this l"'ll;<e wa . .., J>l°ell'Dt nt tht• tl'inl in thl' llunil'ip11l Court or l'\'1•r took illl,\" pnrt therPin or P\"l'I" s11w th<> liC'Pll:w in its origimil or 11ltl'rl'll form or km•w that it h11d hl'l'n 11llt>rl'd or l'\"<>1· 11ulhol'i7.<'d im\•ont> to presl'nt th<> nltt•l°l'd lie<'ll>1l' in thP trinl IJl'fol"l"' till' :\hmi;•ipal Cou1·t. Tht> jmlgmt>nt of thP l'Onrt llC'!ow is l'<'\'f'l'"l'cl :uul th<> clt>(N1dnni nt'quittt"d with ro"b de oficio. Arcllnno, (', .J., 'l'ol'r~. Coo11<'r, i\bpn, nnd .MeDonough, .J.J .. ,Johmiou •• J .. did not Kit in thiii <·11s.<>. /Jef'·ml1111f11c·r111illrtl, BUREAU OP CUS'l'OMS AND 11\DllUltA'l'ION. 1'Alll~'F lllo:('lfllOS ('lll<'l'l,,\11!-l. Xu._400.-('fJl/rm lf'.rtiltw fi!Jlll't'f/ i11 llu· lom11. 1'11 tiff col/('(:lrn·x of 1•1111fom11: Tiii' follnwini.r is lwn•h,\" puhlii<lll'tl for 1ht• info1·111:11.io11 :rnd i.ruicht11('(' of nil <'<llll'l'l'lll'tl: "In tlw nmtll'l' or l'J'Otl•,.;I Xo. ::!li48, lil<'d X0 ow•ml11•r l!l. l!JO:J, h~· llt•ssr,,;. Knl'nzl<• & St1"t·iff. ag;1i11st tlw 1ll'l'ision of tlw ('oll1•dol' of l'ustmu" for tlw l'hili11phw lslnmls.. iwliug 11.s l'olll'C'lor of l 'usloms for till' pnl'I of ll11nill1, 11s to tlw 1~1l1• 111111 imunrnt of 1luty t•lutl';.,"<•ahll• 011 1'1•rl11i11 nll'rc·hnmlist• 1h•s1·1·illl'1l in Ent1·y Xo. ..\-!148.i, \'mwlll'r Xo. lliti:.?O, pni1l Xon•111l11•r Ii. 1110:1. "Tlw t•l11i111 in this c•ns.1• is 11g11i11t1l th1• rhtt1sili<·ntio11 of c•t•rt:iin t'fltlon l1•xtil1•s of ti th1·1·1uls, wt•ighing l1•ss tlurn IO kilos p<'r JOO '"'(llHl'I' 11wt1•r1<, 1111111'1' parai.rn1ph Ito Iii) of thl' Tnriff lh•,·iKion l .• nw of l!)fll. at $0.t:t IK'-1' kilo. 11s 1•nh•1'l•cl, insh•11cl of mull'r pnragraph 118 1 IJ). at $0.tO pt•r kilo, "It is elninwd tlmt Uw tl'xtiles. in que11lio11 1t1'(' icll'nlieal with those> l'0\'1'11'(1 h)' lh1• 1h•l'isio11 of till' ('ourt of ('us.toms. .:\p1x•11Jfoi, puhlislw1\ iu T11riff ll<•1•i,.io11 l"in·uhu· Xo. :12:1. In ihi,.; dr>ei~ion it m1.; lwld thnt 'thl' pr1•s.sin:.t of two I l11·1•1ttls lllf..'l'thl'r ;~t l't>gnlnr intl'l'\'ills in tlw Wl'in·ing 1lm•s not nmk1• lhl' h•xtill' ligm"l"'d in tht> loom 11.s ronlempl11h•d in pnrngraph l~O. SC'rlion 11. of th1• Philippim• T11riff A<"t.' ••T/w thrl'n1ls. of tlw ll'xtili• in 11111• .. tion cfo no! int1•rWM\'<' ;1lt1•ruatl'I)". t:rnup" of tlu'f't' lh1·M1l . .; ar1• follm\·1•11 hy singll' th1'('nds, aml l<llllll' of tlw thrc•acls intl'r\\'l'll\"I' 11lh·nml1•lr. whill' otlll'rs p;1ss lirst ll\'1•1· ur nmh•r nrw lh1"l•11d 11ncl Uwn mulel' or O\"l'l' tll'u or tlm•t• lhrt•;uls. Tlw 11•snll is 11 loos1•l)· WO\'l'll tl'xlill' ll'hi<·h 1l111•s nnt Jll"l•1<1•111 11 1111ifnn11 ap)"ll'lll'lllll'<' througlmut. "Tht• tl'xtil1• on whil·h thl' d1•<'isio11 or tl11' <•m1rt id10\'f' rl'fl'rrl'll to wns p1•1•die1ttl'd mas pl11i11 Wo\"1•11, l'Xl"<"pl lhat at r<>in1htr inl.t'r\'nl.s clonhh• th11•111ls w1•r1• inh•1·w11\°1•11, whkh Wl'l"l' not notiel'ahll' 1•x1·1•pt upon 11 111i1111t1• l'X1t111inntion. Thl' tl'xtil1• in 111wstio11 is, tlwn•fo1"l"'. umh•rinlly difff'l'('til from tlntt hl'fm·I' th1• 1•011rl. 111111 the 1•li1i111 of tlw prnt1•sll'l's i.s not w1•1l btkl'n. ·· .\ .. tht• prnh• ... h•rs 1·lnim Umt I ht> t1•xiill's. lll°<' propr>l'ly d11tii1bl1• muli·r 11arngm11h llH (/J). instl'ad of p11r11gr;1ph ltO llJ), it is p1·1•,.,1111w1l tlmt th1·~- inll'mh•cl to t•lnim Umt thl' t1•xiih• a1°l' ph1in \~·m·1·11 mul not ligm"l"'li 1111 tht• loom. ..\ pl11in t•loth is dl'lh1t>d 1111d 1h•,.,C'rihr>1I hy stand111"d n11thoriti1•s ns. follows: "'.\ fahl'ir in whirh Uw \\'Hl'JI 11nd w1•ft tl11'('11ds lll'r> plaCt>tl 11t right anglt"~ to l':11•h othl'r, 11nd whiC'h i11ll•rwl'11\'1• altl'rmttt>ly.' I llt•sign in Tt"xtil1• F11bri1·s •• ·\>1lwnlmrst. p. t-t-:J: s1•1• :11.so pp. :J-10 aml 2:12.) "'l'l11in 1•lolh is nnule h~· <'1llls.i11g t'\'Pl')' th1"l•111I of th1• warp and \n•ft to ('l'Oss l'll<'h othf'l' at right nnglPs. aml t:wkl'tl to1-,'l'thf'I' :ilt1•r1111h•l,\". "" <> " Tiii' tl'l'lll pl:tin C'loth, ns :1pplil'cl hl'l'I'. 11111s\ Ill' unclnstoml 11>1 lht> kind or Wl'a\'in:.t. ns th1•rf' Ill'(' man~· fohrit•.., lmulr> by pluiu wl'll\"ing tlmt lll°l' not 1•01111110:11~· <·nll<>d plnin doth. stwh as 1111' g1'l•nt \'11ri<>ty of i.ringlmms.. Inn<'~' dr<>ss('s, him• 1rncl whit1• t'lll'l'k>1, l'le., hut only to 1li1<ii11g11ish it from I hnt <·Ins" of i.romls whl'l'I' tht> ~·nrn is lluslwd. and ii is this flushing tfo11 forms nil till' \'llrit>h' of twl'l'ls aml lig111·1•s m:Ull' in thl' loom h\' tiw wnrp and wl'ft, i)('ing prodnt'l'd hy thl' or1lt>l' :md suceC'ssion i;1 whi1·h th" wl'ft i" intl'rwm·<>n wilh tlw m1rp.' (.ht of \\'('~l\"ing-. \\'i11ID11, p. 86. l "'In pfoin eloth f'\'l'l',\" thr1•:1d is :11tl'rn;l1r>lr intr>r\\'0\'1'11.' r Ari or \\'1'11\'ill~. \\'il ... 011. fl· 88.) OFFICIAL GAZETTE 369 ·· ·Pin in l·lot11, will•n• lht• \\'.arp and \\'l•ft ihn·11d>1 1t1't' inlel'wonon with rnch otht"r alh•rmtlely.' ( Thr l '011>1tr11ctio11 of tlu• Pow(•r l..oom n11tl till' Art of Wt•11\'ing. tith t•tl., p. !l!I.) ·• ·PJnin t•loth. ><m·h as :111 urdi1111r,\· pirt•t• of ritlil·u 111· linrn, will, on rxnmin11tion. h1• fo11111I lo t'tlllsist of two ,.,t•ls of thrc1ul,.;, lht• 0111• intrrsrl'ling L111• otlwr 111 riA"hl 1111glr>1, with Nlf·l1 si11gh· llU"c•111I pnssing nllt•rmttrl;-.· o\'l'l' nnd mulrr tlw lll'Xt.' t J..:neyclopmlfa Hritn1mi1•11. \'ol. XXI\", JI• 41i3. ~t· nl:-;o Wool '.\lnnnfnt'tlln'. H. Ben mnont, >1rt•. Hi, p. Ii 4.) "l•'igu1't•d textiles nl°t" drlinrd and d1•,,('rihl'll n,; follows: •• 0 P11hrh•s luwiug n path•rn for11w1l upon n fohrit• h;r tlw orilrr of inl.l!'f\\'t'll\'illA' of tht• Wl'll 111111 warp of whieh lht•.'· :t1't' r111111m,.t•d.' t ))(>sign in Tt>xtill' F11bri<•11, .-\11lw11lnn·"t. p. 242.) ·· "Xt•xt wt• l'Olllt' to tilt' formntion of ligurt•!I h)· th1> :.:-ronml wt•ft. warp. or both: that is, h)" lhl' 11111t('l"ial whi<"h for11111 tlu• ground fabric ce11sing tn inlt•rm•11\"(', and llO forming pnlt1•r1111 h)· tllt' wt·ft, or wtlrp. or both. l)·ing looSC'I)" on llw 1111rf1wt•.' ( IJP,.ign in Tt•xtilt· l•'nbrics •• \sht>nlnu·st. p. 2:J:J: ,,p(' al110 p. 114.) "The di11tinl'lion b1.•tw1.•1'11 'plnin' nml •figurl'tl' lt•xtih•s, 1ls nhow defined. hns lx•t•n jndil-'inlly 1i>1.•ogni1R1.I and unifnrml)" follow1.•d in lh<' L"nit<"d ~tntes: ··•Jn our opinion the word ••figun•d" in this l'Ollll<"ction, i" used in 1•ontl"lldh1tinctio11 from the woa·d '"plnin." (foods lml"in:i n de!oiig11 or im)· <'imraclt>r whntsoe,·er would bt> ligm-ed n11 nppo11e1.I lo phlin.' (Trensury Decision Xo. ~48:JJ. <:. A. :i50j: ;!('(• also '1'11.•a•mry J>edsion Xo. 23386, G. A. 5035.) ··"In wea\"ing plnin fnbri<'!I 11 portion of C'l"<'l"JJ aller11a.te lhrt.'arl is 1·niscd, the (.'Ol'rt'spontl.ing pol"tion of the others being depre11sed, tlm>1 forming wh11t i>1 cnlled tht• "shed." A lllling thr<"nd then )lll"Sl's from sitl<' to sitll' in tht• >1pa<."t' lll'twct•n tht• rnisNI nm! 1h•· prt.,01f'd wnrp thl"l'1uls und io1 thrn dri\"en or pr<';;!ll•d elolW up to thr pnrf of the fabric.> 11h·endy W0\'('11. Tlw "'slll'd" is tlwn l't'\'P.rl'INI, the mi"<'d tlm.•nds lwing- 1lepr<"s,.t•d 111111 tlw d<"JH"<'s~·tl thl'<"ttdl'! rai8C'd, wlwn llu• lillinl! tlm·ad pusses through 11/..'"llin in tht• opprn1ite dire<"· t ion. ;11111 ...;o tht> opc•rution i11 n•pt•alt"<I (•ontin11011>•l.\·.' t Trl'lumry Drc·i>1io11 Xu. 21;;m1. 0. A. 454i.) ··Jt is eh•111· lhnt WP:.H"ing in this mnnn('l" would prndnt't' 11 fnbric• in whil'i1 <"iu·h singl<' thrl'ml of tht> wnrp would 1m>1s m't•r m· um.lc•1· singl<' tlui>adl'I of tlw \Wft or lilling throughout. thP tt•xlilr. ··And this dio1tinctio11 111111 ()("('11 rt•cog11i1.ed in tlw administration or this eustom·hou11t• fo1· man)· yc'lus. 'l'hC' Amn('('lc•s 1lt• .Adunnn, the tariff in forff' p1·ior to Aml'rkan oeenpntion nnd 1.lown to tht• timP of th<" 11tloption of tilt' T11rilT Re\·h1ion Lnw of !!IOI. eontuin<"cl prm·io1im1o1 for "phlin' nnd 'ligm·c•d' textil<'!I. A clC"l'i:-1io11 of thc• intcmdeneia de hac·il'nd11 (ollit'l' of tlw 1rnditor·g1.•m•ml of tlu· t1·1>asUI")"). lo which an nppe~1l from n d('ci11ion of tlw Mll1>l'lol' of customs c·ould IX' dil"('('t('d, datc•d l"1>bnmr)' 23. 1894, is of int1>rp;it: '" 'Wherr11s, thf' 11p111·11i!lf'r's tli\"ision of th(' cuRtom-hou!<C' 1't'porb1 lhnt tlw tl'xtil<" in q1wstion should not ht> eono1itll'11'tl ll" :t t<'Xtill' cll'>1ignrd or figurt•d in the loom, lwcnusC", though it i:-1 truf' that at intt>rn1ls, and in tlw dil"C"C'tion of the wnrp. lhl'l'f' is a li111> formf'cl l1y two unitl'd thrracl11, the l"l'st of th(' tl'xtilt> io1 plain. :ind fol' this l"l.'atiOll it dops not. appl'nr 1·cmsonnhlt• lhnt for only . ...;neh an in,.ignifiP;rnl d1•11ig1wd oi- figm1•d pnrl th1.• l'f'All)" J>lnin tPxtilP hr 11ndf'1·stoocl 1111 !illl'h. ;uul ht• nmdt• to suffpr thr ronsiequt>nt hurc!Pn. \\"hrrP11s tlw nppraisc>r who nmdt• th<" inspretion, 11s well as thr ollie1• of t Jw eollP<-tor nf t•ustoms, tog<•t Jwr with its auditor. insist in c·onsidrl'ing ns lrxlill's d1>siign1>1l or figm·('d in tlw loom tlw mws fll"l'S<"lltNI to the o!TiC'l' h_,. Mrs!l.rs. Forh<"s. ).lnnn &: Co., the> Sillll)>ll' Of Whic•h llC'('OlllJllllliC•>I thisi Jll"Of('sl. Oil tht> J?l"OUlld!< 1 lmt plain tt>xlilrs al"<' thos(' that :ll"(' formrcl h)" llm•11.dsi tlmt paRs 11lt<"rn11.tc>lr nho\"P nnil l1Plow r:wh otllC'r, and thnt f01· thill rt'nson thr OUC"s in qnp;ition <'an not bl' C'Ollllid1>rPd as !illeh, tlw momrnt that it i11 oh"t'l'\"C'd thnl lhr w1>ft or warp th1"(';u]i.; tnk1> np 111011' Umn two. for whirh 1·1•ni.on, :wc·ording lo c>ustoms pr11l'ti('f'S. tl'X· lilrs of thi"' kiml ha\"c> alwnyK bC't"n mnsidn<"cl ns dri.;ign:it<'1l or fii?Ul"Ptl in tlw loom, h1>1't' 11s w1>1l ni; in th(' l'nstom·hons<' of th1> l'cninsulll, the tin·ifr board being of the Mame opinion, having d<"C'idl'tl by n majority of votes that they 1:1hould be appraised llS lt•xtill':-1 de11ignP1l or Jignred in thf' loom. Whereas a judgment of this inlt·ndt•Jll'in J.,"t•1wrnl 011 the 18th day of t'ebrunry nnd l!Jth of .\ug1111t. Hi!Jt, sustninetl the nppmisnl mudt• hy the ndministmtion of Uw l'li"'to111-lumst• :tl .\ln11il11, sentencing llt•!i!il's. Ed. A. Keller & l 'o. lo l.lw 1m.n1ll'11t of tlw <-onseqmmt 111•nnltics for having tlC'C'l1u·1.•d u" 1>l11i11 l.t>xtilc•11 with linPis thnt tu.kt• np more thn.n one Ll11"t"111.I, li1<" l"in·umo1l1111<.'l.,, of which concur )>l"('cisely with the otws which 1111\"Cl originntl'd this rn-oll'sl " "' •.' ··Tiw lt>nmi ·pin in' nncl ·figured" having re<-eived n well-settled l'flnstnu·lion 11nd1.•r )>l"<"vious tnriH' lnw"' in force in th('sti Islands, 11.111.I lx•ing so long <'lmtiinlt'tl nnd unbroken. thi1:1 construction must bt• l>l'esumrd to hnv(' bi>en 11dopted by the frnmers of the tariff with thl' a1loption of Slll"h tc•rms. (Hee 'l'llritl' Decision Vireulur Xo. :m2.) ··From tht> 11l.11n-<' cl<'finilfon h)" l"f'('(1g11i?Rd :1.uthoritiri;. from Uw pnwti1.·1.• in tht• l."11itt•1l 8t11trs, nml from the long continued 11ml unhrnkt•n inlf'rpl"elntion of tl1eAt' tC"rm~ in this custom-house, it is 1.•leur t.hnt the only lt•xtilf'~ which can be considere1.I n1:1 plnin WOVl'n, ns t•o11trndixting11bd1ed from twill('tl or fig\ll"l'tl on the loom, are thost• in whieh sinl(ll" thrt'nds of tlw warp pass ovl'r or under o1i111!lt• tlm:•11dl'! of lhr weft uniformly throughout the body of the tc•xlilt'. lh1> solitiu·)· ('XC'<'ption being thl' <'lllssi of goods ruled upon h.\' till' Court of ('uslom:-1 Appeal11 in the decision published in Tnriff lkd11io11 ('in·nlnr Xo. 32:J. 'l'lw tl'Xtile in question is not in lhi11 <'111.-.s, nml wns tlw1"t'fo1·r prop1>rl)· dnKsified 1111 n textile ·ligun•d 011 tlw loom.' "l'rot1.•st Xo. 21i48, on tlw gmunds mentioned above, is there· fort• t1\"t•1·rul1>1l nnd df'ni('d. (Sign('cl) IL n. McCoy, Acting Col· )('(•tor of ( 'ustoms for tht• Philippinr Islands.'' JI. H. McCOY, .·lrli11g ('ol1r<'l<J1" 1>( ('1111lo111s fc.r II"' /'l1ili1111i11e lsla11d11. Xo. 40:!.-Wif/ow bf1Rlorl1o1 or ldt·sropt• crises not tra.1:elillg bags. MA.Nil.A. ~Lpril X, .l!IO/i. 7'o <111 t•fJlketors of t:llRfoms: Th<" following is lll'rrby puhlishi-d for the information nnd 1!11i1.h1m·1> or nli t·onc'<•rne1.I: "In tlw nmllc·1· of Protc•"t Xo :!(150, filed Nm·emb<"r 20, 1903. h)-' llr. I. B<"<·k. ng11.inst tlw dPcision of the Collector of Cui;LomR for tlw Philippi1w l>1lnnds. 1wting U!i l'ollt>elor of Cn:o1toms for thl' port of llit11il11. 11s to lhr rat(' nntl 1u1101111t of duty cha1·genhlc on t•c•1·t11i11 111c•r1.·humli>1<" dt>iwrib<'d in J<:ntrr Xo. A-iCi:!O, Vonehcr No. lliH!IO, 1nlid Xm·l'mhrr 19, l!JO:J. "The <'lairu in this c·nsl' is ngninst the <'lll!l"lilielltion of ePrtnin willow lmKkell'I 1ls 'lrnl"('ling h11g11.' undt>r pnrngrnph 228 (c) of tht• T11riff Ht>,·io1io11 L11w or 1!101, at $0.:JO pc•r kilo, insll'nd of .ls •willow m1u111£11<1.nr<"d.' 1mtlrz· 1111r1lJ.,'l"llJlh ~04. nt $10 per 100 kilo!I, llS('IJ\(•J'('(i. "Tht• 11rtic·l<"s in c111ei>tion 11re inrniCl"d ns willow bnS1kels with lt>lllher straps, uml itrt• <'Olll)>O!!cd of willow wickc1·work in two ...;c•c•tion:-1. om• of whic·h lits into the oth('I', forming wbnt is e111lC"d 11 tl'll'"eop<' ens<'. J<'our lt>11tl11:•r kl'C'pers 11re fast('ned on ench 1•art • lhrongh whic·h tht> l<"ntlwr strnps Ill"<' run. Th(' "'trnps arr. ;;pr· 1•ially l'Onstruc•ted for 11s1.• with tlw haskc•ti; aml form portion"' of tlw <'Omplt>tr nrtic.Jrsi. "Two qul'Rlions ns to th<" c•m-r<"<·lnl'ss of thr <·lnsi"'ifiC'11tion ha\'<' hC"<'n raisl'll. first, whrthrr 1111C'h n lmsk<'t m11y IX' oonsitlN·<'cl ll!i 'whollr or in p:1rt of lralhPr.' and i<e('()ncl. whf'lher tht> artie)('s :ue ·rnJisl'S or tmn·ling 11111-->'S' within th(' mc>aning of th11t par11graph. "Without p11i>!<ing upon lh<' qur.st.ion of wlwthrr the l<'llthPr k1.•rpt>rs 111111 sll'aps, t'f'rlninly C'S>lPnlinl pnrts of ih<" compl('tf' 11rtic·lr. nr1• s11Riei1.•nl unclt•r th(' lnw to w11rr1111t n de,,,<'riplion of thr hn,,,k1•t ;\s eo111po>1C"d 'in po1rt of lrntlwr.' it is onh· nc>ff's11n1T lo point out thnt lht> 111·tic•l1>>1 nrr <·lrnrly not \"lllist>R o; hat boxe~. 370 OFinCIAL GAZETTE A tr1n·e1ing bug is dcfiuecl 11s •o, bag or wallet, usun-lly of leatbc1·, fol' cunying necessaries on 11 jom·ney' (Century Dictionary) ; nnd 11 bag us '11 small imck; u pol'lubh• receptacle or repository of 11•11tlw1·, 1•lolh, papel', 01· othl'I' ll1•xiblt• 11111lPrilll, 1·up11blc of being c·lo><t>d :1l the mouth' (Venlnr;r J>icti011111·y), The11e dPJlnitions do not i1pplr to Lht• 1\l'ticles in 11m•slion. whi1·h a1·e not known 1\:; ·truv1•ling lntb~.' nor so dealt in 1·0111mrrciull~·. fo1· llll•y ure oi·di· 11111'ily bought, 11old. und known 111:1 l11n1kt>ls. Thry u.rr not the1·efore in<'iuded within the pro\·isions of purngmph tl!8 (c), and ure clutiublt• mult>r purugrnph 204, in whi1·h thry 11re rmm1p1·11ted ns 'wi1·kl"rwork' or us '11rticlm1 of ull ki11tl>1 not sprl'inll~· 11wntio11ed of tlu• 11111tel"inl>1 specified.' "Pl'Oi<'>1t !\o. ::?650, 011 the grounds mt•ntioned 11b0\'t', ii'I lhert>fon• smstainNI, untl 11 1·efund ordered the importer in the 1111111 of $11!:, l"nil<'tl Hbtl'ri t'mTrm·y. (Signed) H. U. l'tkl'oy, A1·ti11g C'ollet•tor of l'11>1toms for thr Philippine bhuull'I," H.B. McCoy, A.C'li11g l'ollc·ctor of (,'u.11toms (1J1' l11f' l'kilip/JiJie /11/a11d11. No. 40:t.-'1'11ru·bucl.-le l1"11HR ru1lR, clas.11ificatio11 of. MANH.A, .11wil Ii, l!Jfll,. 'J'fl oll t'<Jll1•ctol's u( customs: 'l'ht• following i11 hert>by pul1li>1l11•tl for tht• infornmtion a111l guidnn<'e of all cmwernetl: "In till' 11111tter of Protei:it Xo ::?i!J::?, lil1•d .Junuary 15, 19114, by tht> .-\tlanlit., Uulf and Ptu:ilic Company, Mgui1111t the dt•ci11io11 of the Collrt•tor of Custom,,; for tht> Philippine lsl1111d11, 111·ting 1111 l'olll'dor of Cu11to1m;. for the port of Manila, 11,.; lo lht• rnll• nnd umount of duty cha1·gcublp on ce1·tain merch111uli11c de111·ribed in •:ntry Xo. A:_l2Sii, Voucher No. ::?:HO::?, puid J1umary l:J, 1904. ··Tiu? claim in this cuse is again11t tlw clat01:1ifil'ation of ce1·tain lUl'n-buckle tru11~ rod11 as common articles of \\'l'ought hon or steel not spl'ciully mentiont>d, under parngrnph :)8 of thc 'l'uritr Re\'ision Law of 1901. at $2.50 per 100 kilo,;., insteaul of 11>1 'wrought fron 01· .11leel in largt! pil'cf'li,' under parngrnph 41, nt $1 per 100 kilos, gross weight. The 111crcl111ndii>P whkh wus entl•1·etl undPr patru· grnph 47. consists of long burs 01· rod11 with turn-but·kle11 attnchetl, and is u1:1ed in the eon1:1truction of t1·11111:1l's OJ' frn11w11. Tlw pict•1•>1 wPigh about ::?O kilos each. "A comparison of paragraph 35 (b) with )>lll'lll,'1'aph 41 )puds to the condusion that the latlPr pal'agruph inl'ludc11 fini11lwd 11trm·· tural irnn, while the former includes ,;.uch irnn in an unfinh1hed :-;tatl'. In the origi1ml draft of the tariff submitted in \\'1111hingto11 the pl'o\'ision for 'bars und beams' did not appear in paragraph :J5 (b). and the change was made fol' the 11\'0W<'d purpose of hill" monizing this parngruph with paragraph 41. ( Sel' Senate Document No. l:J4, 5ith Congresi:i, lst 11c111>ion. p. ~0.) The rods in llUt>11lio11 are finished for u11e in strnclurnl work, h<'ing used in the 1•onstruction of frnme!!. Tht>y are blll's, and being in large piece11 1mtl cut to measm·t• fm· fr1m1l'11, Ul'l' indudPd within the 11rovision11 of puragi·aph 41. "Protest No. 2i92. on the grounds llll'nlioned abO\·e, is therefore rmstaint>d, und a refund ordl'red to the importer in the sum of $129.48, Unitl'd States cul'l'cncy. (Sigm><I) H. U. McCoy, Acting C'ollector of Cnstomi;; for the Philippine l11land11." H. ll. McCov. Acting Collector of C11stomfl foi· tlir Pl1ili7JfJi11e hlt111rls. Xo. 404.-Planer, matclu·r, mouldrr, rrnd wa/r>r motor 1ml •'.1m-11:111ill macl1ilier.1J"-Water motor duliabfr tl!I ''h11rlrtrnUc motor.'' 'l'o all collectors of customs: The folowing is hl'reh.v publi11ht>d for the informntion and guidance of all concerned: "In thP mattPr of ProtPst No, 2098, fill'<I. May 1, 1903, by l-l1•111n·s. Xrwhall & l<~ennN, ag11inst the deci11ion of the Collector of Uustom11 for the Philippine IRhmds, acting ns Collector of Cus· tom/iJ for the port of Mnnila. m; to the rate and amount of duty chargeable on certain merelmndise descl'ibed in Entry No. 6825, Voucher No. 14382, paid April 20, 1903. "1'he first claim in this ease is ag1linst the classification of a. planer, 11111-tclwr. nnd moulder ns 'other machinery' under para· gra1>h 25i (b) of tlw 'l'nl'itr Ucvision Liaw of 1901, nt $1 I>el' 100 kilos not lc1:1s than :W p<'r cent nd vnlorem, the la.tte1· 1·ate pre· vniling, instead of n11 '11gricultnral 1111\chinery' under pa.ragraph ::?45, 11 t $0.25 1wr 100 kilm1, 1111 entered, "'fhe ttue!ltion of the elnssific&tion of a planer was decided ndnrSt> to tlw i~nportl'r in a decision J>Ublished in Tariff Decision Circular No. 2!J~. All tht>ru set out in regard to a 'planet" 1l.J>plie11 with double fore" lo n 'plirner, matcher, and moulder.' ··Thr !IOCOnd clilim i11 11gnim1t the claRsillcation of a wa.ter motor ns 'other nulchiut>ry' under pnr11g1·a1>h 25i (b) instead of ns 'sawmill machiner~·· under parngt·nph 245, ns cntcr('(I, or as a hydraulic motor, as now allcrnntin!ly claimed. "The moti\•p power for the operation of a !lawmill should 1·a1-ely he a!!scssed fo1· tluty with the principal machine. The reason for this rule was cxph\inPd in Tariff Decision Circular No. 230, in the ease of boilPl"M impol'ted with their respective engines. "In thut Pircular it was pointed out that, while there are cases in whi1·h tlw Pngim• uml boiler might constitute one indissoluble unit, ns in thl' cast' of 11 locomotiv1', yl't in gpneral, the boile1· would not form an csm:ntiul ptirt of u11g yivtm uppuratua. So here the s11w11 11nd the meclumi11111 p1·oximatt> thereto <.'Onstituie the sawmill, all else is accidPnt11I. A water motol' may, for example, be imported to-day in good fuith for ust> in n sawmill, but to-morrow be eithPr mw1l to drin• furniture nmehinery in the same mill, Ol', l'>IJlCCially if connectl'd to the Hawmill proper, by belting only; and lwu<'r. hl'ing rC?1tdily tletucbnhle, may even be lawfully sold outright in competition with id<'ntical motors which lul\'e paid duty under n higher tariff r11tc. "}h•rt> acPidl'ntal mw of 11 given machine in a sawmill is not l'nongh to makP such machine sawmill machinery within the uw1111ing of tht> htw (Tariff lll'citiion Vircular11 Nos. :Hl 11nd 382). It ii:i tlw1"cfo1·e app11rt>nt that 1rnch machinery aft constitutes the motiw power for any mill will mmnlly Ix', 1111 in this case, bettl'r dP!!!crihPd under pnragrnph 24:J than tutdl!r pu.1·11.graph 245. Even \\'t>rr the two pnragrnphs equally applicable thnt taking the higher 1·utt> of duty would. by rult> 15 (last clause), be the pamgraph of classiflc:ition. No difTPrl'nce is perceived between the 'water motor' of this enb~· 1111<1 tht> hydraulic moto1·s of paragraph 24:1, ··The first clllim in Protest No. 2008, on the grounds above mPn· tioned, is o\"crntlcd and denied, and the second claim is in part sustained; the entry in this case will be reliquidated as a.hove indicated, and a refund of $14.7i, United States currency, will be made. (Signed) H. n. McCoy, Acting Collector of Customs for tlw Philippine lshmds." H.B. McCOY, .·lctU1y Oolleclor of l'11Rloms (or Oie Philippine lslaiids, No. 405.-Uni(orms fo1· coosul 11Qt entitled to (rec eJ£trg. MANILA, ,tlpril 8, 1901,. 'J'o all collectors of custo•ns: ThP following is hPrrby publishl'd fo1· the informntion :md guid· llllCC of all conCl'r!led: "In the nmtter of Pl'Otest No. 2849. filed January 30, 1904, by lll'i;srs. Hmith, H<'ll & Co., against the decision of the Collector oC Uustoms for the Philippine Islands, acting as Collector of Customs for the port of )lllnila., as to the rntc and a.mount of duty clu11·1,renblc on Cl'l'tain n1Prchandi11e described in Entry No. B-359, Voucher No. 259ii, paid .fanuary 30, 1904. "Thi11 proll•11t is against the assessment 1md collection of duties on a uniform for tht> British consul·gencral in this city. No paragraph of thP Tariff Revision Law of HJOl (an act of Congress) iR cited which would permit of 11 uniform imported by a consul being admitted fret> of duty. OFFICIAL GAZETTE 371 "ln Tariff Deci.1ion Cfrcnlnr No. :J77, it was pointed out that Tariff Decision Circular No. 220 was a literal copy of 11. portion of Treasury Circular No. 125 (Treasury Decision No. 24003), and thnt it was 'not the intrnt. to confer any more extensive privileges than are customary in Amcricn.' "It wa~ held in that decision•• 'Tariff Decision Circular No. 220 must likewise be <'Onstmed to apply onl)' to cn:i;.es wherein n foreign Oovcrninent is the con· sii.rnol'. and its. consul ht>I'<" h1 in his officiul cn1mcity, the consignee.' ··rt is clt"ar that in thit< C1lse under this interpretation the uniform in 11m•stion cnn not h<' 1tchnittt•d frt>C of duty, the Bl"itish (fon,1·nment not bring, so for IHI cam he uscertnined, the consignor, nor the British <~omml at ihis port, in his official capacity; I.he consignet>. ·•Protrst No. 284!1, on the grounds mentioned above, is therefore o\·e1T11IC'd and dC'nied. ( :-iigncd) H. B. McCoy, Acting Collector of Custormi for the Philippine Jshmds." H.B. McCoy, .Actiug Collector of Customs for tlic Philippine /sla11ds. No. 406.-Flour 8(teks prinkd; dccisioii of tlw Co11rl uf VitBtorns Appeals. MANILA, April 11, 19u4. To all collectors of customs: PAR.-\ORAl'll I. The followin~ dt>ch1ion of thC' ('ourt uf Vustmm1 Appellb1, n>nderl'd April 4, Hl0-1. i"' hereh)' published for the in· formation and guidance of all coneP.rned: ''l!NITEO STATES OF AMERICA, PlllLIPl'l;<riE isLANllS. ('oUBT OF CUSTOlllil APPEALS. ''.-IJ>/K'(lt' m the case of ll"m·nrr, Barnes ,(. no .. Limited. (Docket No. 600. Appeal No. 675. Protest So. 2013.J DECISION. "CROSSFIELD, Judge: "ThiK case is before the court for trial upon the appeal of Warner, Barnes & Co., Limited. from the decision uf the Collector of Customs for the Philippine Archipelago, ovt>rruling appellant~· protest agninst the levy of duty on merchandise imported from the L'nited States, and tht> imposition of a surtax of :m pc1· rent upon certain cotton textiles in flour sacks. containing Oour, for being printed. "The duties amounting to $228,0,8 were paid Apl'il :J, HIO:t ''llr. Hartford Beaumont appear<'d for the Govl·rnmt>nt. "Mr. Carlos Young appeart><l for the appellants. "The> ease aK presented diRcloses that tht> appellants importe1I from the l'nited 8b1te11, h;l' way of Hongkong. 2,040 s;wks of flour, March 24, 1903. and that th<' flour was assc>s~md for duty ns sueh, and the sacks containing it as cotton tt>xtilPs, undt>r p11ragr1tph Iii (b)' of the Tariff Rt>\'ision Act. with a sm·tax of 30 pC'r rent for being printed. "The firi;.t question for 1leterminatiun is whether the l<!\'Y of dut;l· upon merclmndise from the l'nitcd 8tatps is 1rnthori?.f!d hy law. "This question was fully considered in e1lS<' No. 18, Appeal of Warner, Barnes & Co., Limited, and tl1e decision of thP. court hand('(! down. As appears from that dt"ei~ion, till' levy of import dutit>s on merchandise coming from the Vnited States to the Philippine J1dands is fully judified by t>xisting law, ".'\notber question is as to t11e proprit>ty of imposing 11 surtax of 30 per cent upon sacks impm·ted, containing flour. m; l>f'ing printed textiles. "The printing upon the sacks appears to ha\•e been some kind uf tradt>-marJc. and the brand and grade of flour which the rmeks t"ontained. "Thl' clause of the Tariff LRw under which the surtax appl'nrl'I to have been imposed is as fol1ows: 'The same textiles {cotton) pl'inted or manufactured with dyed yar111J, dutiable as the textile with a surtax of 30 per cent.' "'rhe court i<i of the opinion thnt the printing on the sacks of trade-marks, 'brands,' 'grades,' or other thing confined to the article containt"cl within the sacks is not such printing as is contemplated by the clause above refened to, and the surtax in this caKP should not ha\·e been imposed. "The decision of the Collector of Customs is affirmed as to the authority to levy duty 011 imports from tl1e United Stat.es and re\'f'rMl'd 1111 to the lf'vy of the surtax of 30 per cent for printing on flour sal'ks <'Ontaining flour. ":No cost to either party. "A. s. CROSSFIELD, Judge. "I eoncnr: "FELIX M. RoxAs, .fudge.'' PAR. IT. Tnrift' Decision Circul1tr No. 289 of thiK Office iK modifiPd in accordance with the above decision. H. B. McCoy, Acting Collector of Owloms for the PIHlippine Islands . ~o. 407 .-Glass bottles cm1lt1i11crs of stout; 11rduc, ld. each. MANILA, April 12, 1904. 'l'o all collectors of custmns: The following iK hereby publh1hed for the infornmtion and guidance of all L'Oncc>rnfld: "In the mnttf'r of Prote~t Nu, 2fUIO, filed O<•tober 29, 1903, b)· Afcssrs. l\ft>erknmp & Co., 11g11im1t tht> de<.>ision of the Collector of Customs for the Philippine bhmds, acting ns Collector of Customs for the port of Manila, 1111 to the amount of duty charge· able on certain mf'rchandi11e dl'scrihed in F:ntry No. A-7870, Voucher No. 14171, paid October 29, 1903. · _ "ThiK protest is against thl' vnluntion of $0.03, United States currency, each. pl1t<'f'd on ffrtuin glass containers of stout, dutiable undl'r par11gr111•h 12 of thl' Tariff Revision I.aw of 1901 at $0.80 per 100 kilos, not JPS~ th11n 20 per cent ad valorcm. "From infornmtion f'(>{'eived from exporters, it appeaTII that !o!Uch bottles 111rf' worth in the principal markets of England, the l'ottntry of exportation. about 7fd. per dozen (about $0.0133 each). Adding to thii:1 value the <'Ost of elaboration, such as for labels, c11pM11l<->1. rorks. rte., and the value of the complete bottles will rl'a<'h ld. ench. nt which ,·nine Mimilar bottlt>s 11re regularly invoiced. "Jn T11riIT Th>chiion Cir<·nlnr No. 329 tl1c vnluntion of $0.03, l'nit.NI Rtatrs currcney. each, placed on similar bottles wits nffi.rml'd, hut in vil'w of the additional evfrlcnre which has hcen rt>('f'i\·l'd this dc>cision is modified al'I above. "Protrst No. 2600 i!-1 tht>refo~ sustainP.d to th<> nhove extent ;md 11 1't"f11ncl ordcrt>cl in thr sum of $14, United Rtntl'~ currency. {Si1.rned) JI. R. MeCoy, Acting Collector of Customs for th<> Philippine Islands." H. B. "McCov. .1.cting f!ollectvr of (Jmitoma for the Philippine ls,ands. No. 408.-(l) Roiled cidm·,· (2) citron. MANILA, April 12. 1904. To rill collectors of cualoms: The following i~ hereby published for the information and guid· ancl' of all concl'rned : "In the mattt>r of ProteHt No. 2801. fl.IP.d ,JRmmr;l' 19. 1904. by "!\Ir. M. A. Clark... agninHt th<' d<>ci~ion of thP. Collector of Customs for the Philippinl" JHlnndl.. actin~ as f'olll'ctor of Customs for the port of Manila. as to tht> rate nnd amount of duty chargenblP. on certain mcrehondisf' described in Entry No. A-12909, Voucher No. 23893, paid .Jnnuary IA. 1904. •·Two claimR arP made in thiH casl'. The first claim is against the classillcittion of boilP.•l cicler as 'flavoring extracts,' under para· graph 327 of the Tariff Revision Law of 1901, at $0.26 per kilo, 372 Ol!'FICIAL GAZETTE instcml of 1H1 •fruit j11iC<'. jnm• or with only snllici<'lll img11r to preserw it.' umh•r p11rng-r11ph :11a. nt $11.00 p<'r liter. ··Xalnml or artificial ddl'l· i.i spl•citicall,\· 111·1n·idrd for nndt!l" 1111r11grllph :JI2. hut Ult' dtler provided for in that p11rng1·11ph is 011lr such 11,.; is mu·cl 1u1 11 b1•\·1•rag<'. :o1imil11r to h1•1•r nnd mnlt 1•x· trn~L whieh art• 1lntinhh• under th<' s1111u• purngrnph. Boill'tl t•illt'r. :<lll'h ns that in q1wstion. i11 not tlw cidt•r of {'Ohllllt•n'f', but b UU' jnil'<' of a. fruit (:1ppll'sJ, obtuint>d h,\' l'Xpres11ion nntl COll(.'('11· trnll'1l by hoiling. lhf'n•b,\• killing tlw grrms which lll't' Liu• 1·1rnsr. of fcnuenti1tion. Tlw proc1•s..i of fN·m1•nl11lion i,; 11rrc11tl'd. hut thil'I, as wl'll as till"' eoncrntrntion, dm:•s not 11lte1· ib <'llllrnctrr ns 11 fruit juice or l'l'nder it lln)" the less purl'. ·'Boil<'d cider j,, not commt•1·cinllv known us 11 ll11voring t•xtrncl. though it 11111)" hr used for fl11voring pm·post-s. the l'illlll<' 1111 llll)' oth<'r fruit juice. Th<' principle invok<'d. whetlwr tlu• boilrd cidl'!r be purl' m· not. or whelhl'r it t'Ontilins morf' thnn 11 11ullicicnl amount of sugnr to pre.;er\"t• it. is idt•nticnl with that rnhwd und t"Olh1idered a11 to the l'h111sifil'1ttio11 of struwbrrl")" frui1 jui1'4.'. in which cn11r it was ht•ld tlml such juicf'. though cont1lining nc•11rly ;j0 pt>r C<'nt of sugnr. wns properly 11.-similatrd lo fruit juit'f">I such as Ill'<' 1•mune1·ntt>d under pnrugrnph :n:1 {T11rilf IWcision Circular Xo. :HJl). "Thi'! second claim is nµ:11in:<I the chu1silic-11tio11 of crrt11in eitron 11:< 'consent'<!.' 1111d1·1· parngrnph :1:n. of tlw '1'11riff Ht•\·i.-ion l411w of HJOI. at $0.25 pt>r kilo. not ll'l!s than 20 pri· ('('Ill 11d \"11lorem, instead of m; 'dried citron.' undt>r paragmph 285. nt $2 .• ill 1wr 100 kilO>I. n,;. t'Jllt•J'C<I. Tht> rt>sp1•ctiw parngraph>1 !>l'O\"idt• 1111 follows: "'PAii. 285. Dril'tl rnisin:<. dnlt•:-1, fi:.,'">I, uml C'itron, put np in .-nmll pncka:,:-<'s.' ··'PAR. :J:H. ('onH'rn'd or l'rvsti11lized fruit or uut.... mwd as 1'0nfrcti01w1:). and swt•l'tmrats, 0whethcr put up in pnpt·r. nwtul OJ• g.las.i.' ··If tlw l'ilron in 111h'-.lit1n i.- <mmmt>rcillllr known 11s "ch'it·d.' it io1 d11ti11hl1• umll•r pnragrnph 285: if not. it is pro\'ided for in cithl'r parnj!rn1>h :1:11 01· :J:J2. ••Jn thr l"nih•tl Htatt•s thr 11urstion 111•os1• as tn wlwtlw1· or not s11l'11 l'itron w11s dutiuhh• ni< 'ch-ied fruit.' or ns •fruits Jll't•sl'J'\"t'd in sugar.' In pas .. ini: on this question thr ('in·nit <"ourt of .\ppt'llls, per Lat'<>llllw .. /.,said in J>lll't ns follows I 121 Ft•il. Hep .. li!IO. mH): ·· ·('itron is the frnit of th<' citrus or eitron trt•t•. In its prt>st•nt 1'01111itio11 no 01w eontl'l1ds tlmt it is gn•1•11 or rip1'. no mw disputt•s that it j.; 1ll'i1•d. It h1•lon:,:-o1. tlwn, to th<• fnmil:-.· of frnits, and foils within tht> g"l"l'lli :,:-roup of that fomilr dt•signafrd m1 '"drit'<I fruits." In common s111·1·1·h. 111111 b:-.· tlw hmgungt• of tra1lt• and 1•0111nw1·t•1•, as thi.- l'<'t'Drtl "'howi-1. it ii-1 ii driC'd fruit. It Im.; ht't•n put in its pr1•s1"11t t'Omlition by tlll' followini,:- pro<'1•ss: Thi• fruit i" <·ut in lmh·,.,.. anti lht• pulp rt•lllO\"t'<I. Tlw rind, whi1·h is 111ud1 thickt•r limn tl111t of a lemon. is then plnet•d in st•n w11tl'r, in e11sks: thl'll put in wah•1· mul h11il1•d until it is soft imd lt•mlt•r: tlwn put into frt•sh watl'l· tuhs nntil tht> salt i.i tlrnwn out: tht•n put inl.o what art• known 11.s ''siruping tuhs.'' nml 1·m·1•red with sirnp, nml nft1•r it ha.- istood ll whil1• in thl• sir111>. tlmt is 1h-ili1w1l off am\ it is boiled down nm! frl'sh wntt•r 1111d1'11. imd ii is pnt hnek tl\'t•r the fruit nguin. nml this lll"oct•ss is k1·pt up until tlw eitron or fl<'CI is thoroug-hl:-.· i111111·t·~1111tt>d with the sugar and eun•tl. l•'rnit tl11111 trl'~tl<'tl !ms certainly bet•n pn'..;1•rn·d in sug-11r (or in 11intp), and would SN'lll to Clllll:.' foirl:-.· within tlw 1•X<'<'!Jtion.' "It was lwld in thnt rnse th11t sueh citron w11"' dut.i11bl1• a>< a fruit prest•n"t'<1 in sngnr, nnd not ns 11 drit•d fruit. This d1•t•isio11 1•x1·lmll's. drit•d citron which i.; ~1lso pl"<'Sl'l'\"t•d in sugar from tlw 'pl'll\"isions of p1n·al!rnph 285. '"In Tariff Dl'cision ('ircuhu· Xu. :lfO. 's\\"l'etnwnt' as ll>'Pd in p1n11graph :J:H. w11s dr6nl'd to hi' •fruit 111·rser\·rtl in >1Uglll' whether moh1t or dry, 11 consen•e; n prPser\'l'.' l•'rom thili dl'611i· lion it is evident thnt thr. citron in 11uestion i1o1 proper!:-.· con1o1idered a11 11 'isweetmcat' within the meaning of the tariff. and, while l'Xl'luded from the pro"i~ionB of p11rngraph :rn2, it ii:; included within the pro\"isions of paragrnph :ml, which latter paragraph covl'J' . .; sueh tll'it•d fruits nnd nnts as 111·e oonscrvt~d or cryst11I· l:i·zcd-i. t· .. pr1•.;pr\•etl in >011gnr. Cihon iK defined in both the ('cntnr,\" l>il'limm1·y aml the Enc:-.·clopi1•1lil1 IJritanuiea ai; a 'sweet· lll('lli.' "l'rolt•st :\o. 28111. on tlw g1·011ndti mcntioiwd aboVt', iii therefore s11st11hwd :is to the lirst. purl, und a rt•fund ol'dcrcd to the imJ>0tler in tlw su111 of $4.i:8. l "nitrd Stat1'11 CUl'l't•ncy; the 11econd purl. h1 o\·1·1·rukd 1111d dt•11i1·d. (8ignl'd) II. B. llcCo;l', Acting Collccto1· of ('1tsto11111 for till' l'hilippinr. hshuuls." If. B. i\IcCoY, .lcli11g- f.'olll-dor of C11sto111s {tJr llw Pliilippi1w l11lu11d11. .:\o. 409.-.lfrrdurndisc 11lole1t after imvortaU011, 110 ulltJwance (.."alt be made for i1i asacsamciit of duties. :\IA:\'ILA, Jpril lJ, 190.f, 'J'u t11l collecfors uf c11sto111a: Tim following is ht>rcby publblwd for lht! information and guithmce of 1111 t•om·emed: '"In lhl' mutter of protest Xo. 261i!I. lih•d Xo\·ember 2i, 1903, h,\" :\Ir. X. T. lfoshim, nguinst tlw d1•eiio1ion of tl1l' Collector of ('11stomio1 for tlw Philippine JKlands, 11cting 1111 Collector of Customf.l for tlw port of llimila. a.- to the 11mount of duty cha1·ge11ble on l'l'rtuin mer<'lm11cli11e de"'C'rihrd in Entry No. A-6948, Voucher Yo. I i549, paid Xov1•mber 25. I 903. "Thi11 proit>st is against t.he as1ws11ment of dut:-.· on one t'llse of merclmndist• not reCl'h-ed hr the importer. Investigation di~· t•lo~rK that tht> p1wk11J.,'t! in question 11rrived at this port and was di1o1rh11r~"<'d into a lorC'llH for tr111111fer to thl" ct1!itom·hot1Rl', but that it w1111 stolt>n from tht> loreha while in front of tht> cu11tom· lmU!il', '"8<'ction 21i of the t'usloms Administmtive Act provides that no 111lowane1• "'lmll be mllcll' in thl' assessm~nt of dutv for lcmt or missing p1wk11i.,rr11 unless ~nl<'h paekage:.i ha\"<' no~ hl'e~ imported into tht• Philippinl' lslandR. 'Importation by i:;en bt>gins with the monwnt thl" importing \"r!o!J;rl enters the jurio1dirtional wnters of 11 po1·t of t>lltl')' with intl'ntion to unladl" therein' (Rel'. :J!J8: st•1• st•e, 158), Xo allownn<'<' eun thl'l·efort' he mnde for m<'I"· 1·lumdii;e lost or fi<'Ktroyed after 11nl'h time, except upon injury or tle.-trul'tion h:-.· 11cridl'ntQ.) ffre or other ensualt;v while the mer· clmrulise i.i within the custody of of!ic't'rs of the l'UlitOlllli (sec. 209). rr. 8. 1"11. 'fl'n 1.'hommncl C'igal'S, 2 Curl., 43i; 28 Ped. ('ns. :JN: l'. S. rs. Hoyd. 24 Ped. R<'p .. 692, 694.) "l'rotl'11t Xo. 2um1. on the grounds mentioned 1100\'t', ii-1 therefore ,O\'p1·rulrd nnd denil'll. (8ignecl) H .. B. ~lcCo:-.•. Aeling Collector of Cnsto11111 for tlw Philippine hlnnds.'' 1-L B. l\lcCoy, .I cli11!/ Collcclrir of C1tslo11111 for llw Philim>i11c lsla11ds. Xo. 410.-K11illtvl 1111dersMrts, trimmed. MAXILA, .·lpril 15, 0190.f. 7'o all collcdors of c11Bto11111: 1.'ht• following is. hercbr published for thC' information 1md :.:--uidaneP of nll concerned: '"In the mutter of Appeal No. 22, filed Fcbruur II, 11104, by :\Jrssr.i. Forbl's, Munn & Co., against the deci11ion of the eollcctor of cm1to1m1 at. lloilo, a11 to the rate and amount of duty chargeable on certain mcrchandiBe dt"scribed in Entry Xo. 2354-5. Voucher Xo. 82-3, pnid April 21, Hl03. '''fhi11 is an appeal from the decision of the colle<-tor of eudoms for the port. of Iloilo, and is against thr ns11e11sment of a surtax of :JO per cent for 'trimming,' on ('('rbin knittt>d cotton under· :;;hirtis. dutiable under pa1·11grnph 125 fb). of the Tnrift' Revision Law of H>OI, at $0.35 per kilo, not le1111 than 25 J>C!I" cent nd vnlorem. "The !!ample of the underBhirb1 forwarded with the appeal has sewed on around the neck and down the front, a knitted cotton band, which serves a!I n binding to prevent raveling. This band OFFICIAL GAZETTE 373 l's of the same material as the undershirt itself, but designs are found in the knitting by mf'ans of colored threads: theSC! colorecl threads make the band somewhat ornamental, thus embellishing the undershirt. "The Court of Customs Appeals has held (Tariff Decision Circulnr ~o. 278) that 'Cotton undershirts which had been embellished h)' sewing on down the front and along the opening, a piece of material diffe1·ent from the undershirt itself and upon which there was nu imitation of c>mbroidery', were trimmed. And while it is true that in the present case the material forming the ground for the embellishment is not different from the undershirt, yet this is immaterial, the fact remaining that the reinforcement to the front of these shirts is not a pnrt of the shirts--themselves, hut is a fan<'y trimming npplied after manufacture, and the shirts being tlrns trimmed, ue subject to the 30 per cent surtax for 'application of trimming.' ··PJ"otest No. i15, Appeal Xo. 22, on the grounds abo\'C mentioned, is therefore overruled and denied. ( 8ig"ned) H. B. McCoy, Acting Collector of Customs for the Philippine Island!5". H. B. 1lcCoY, A.cting Collector of Customs for Ow Philippine Islands. CUSTOllS AmUNISTRATIVE CIRCUJ,AR. Xo. 3Il.-Closi11g the port of Loculan, Prori11cc of MisC1mis, to tkc coastwise trade. )!ANILA, May J, 1904. 'J'o all cullcciors of customs: B~· nuthorit~- of the Civil GO\·ernor of the Philippine Is1ands, the port of Loculan, Province of ::\Iisamis, is hereby declared to the coastwisc trade. H. B. ::\IcCoY, ..lcti11g Collector of Custom.~ for the /'11ilippine lsla11ds. PHILIPPINE CIVIL SERVICE BOARD. EXA~llXATIOX FOil Sl'R\'EYOI!. The Civil SerYiC'e Board announces an examination for n•yors. in English only, to he held on June 20-21, 190-l; entrance "alary. $1,200 per annum. This examination i;; of the same gencrnl clrnracter as the examination for civil engineer, C'xcepl that questions relating to medianics, materials of constructions, nnd designing and construction will be omitted. In lien of the suhj<'ct "Designing and eonstruction" there will he subslitnted the suhj<'ct "Drawing and mappi?1g" (including '·ProjPctions"). As 11 part of the subjcC't of ·'Drawing and mapping" a finished map will he required to he submitted by competitors within five days nfter the e.....:amination is held. The subjects and weights of tlw surveyor':> examination are as follows: Weights. I. Pure and applird mathC'nrntics ( induding trigonometry 15 NOTICE. SALE OF THE INSULAR COLD STORAGE AND ICE PLANT. Sealed bids for the purchase of the Insular Cold Storage and Ice Pinnt located at :Manila, P. I., will be received on or before the 27th day of June, 1904. The plant includes one of the most valuable locations in the city of Manila on the Pasig River, occupying the whole space between the Suspension and the Santa Cruz Bridges, with abundant water frontage, and in the im· mediate vicinity of the business center. The buildings and machinery are in every respect new and modern, completed in the year 1901. The sale will include the land and water transportation belonging to the plant, including insulated lighters and barges, delivery wagons, horses, and harnesses. For the fiscal year 1903 the total revenue of the plant was $332,l!J4.li; total expenditmes for the same period, $198,338.83, leaving un excess of revenue over expenditures of $133,865.34, United States money. The plant as a Government institution does not compete with privnte establishments of a like character. In the hands of a priYate corporation the income could be very lnrgely increased. No bid for less than $1,000,000, United States money, will be considered. Bids will be received on the basis of an umestricted sale, and also on the basis of an agreement on the part of the purchaser to furnish ice to civil employees for five years at the present Government rate of one-half cent, gold, per pound. The right to reject any and all bids is reserved. Each hid must he accompanied by a certified check payable to the Go\•ernment of the Philippine Islands for 5 per cent of the amount of the bid as security for the fulfillment of the contract should the hid be accepted. Terms.-Payment to be one-third cnsh and the balance in three equal annual payments, nt 6 per eent interest per annum; the unpaid portion of the purchase money to be secured by mortgage on the property or by other satisfactory security. Bids may he filed with the Chief of the Bureau of Insular Affairs, War Department, Washington, D. C., or with the Secre· tnry of Finance and Justice at Manila. All bids must be filed before 12 o'clock noon, June 27, 1904, at which time the bids will be opened. Contents. l'nbliclaws; N7.inli1~: pro\'iding for a new n.<scssmcnt of renl cstnte in the Province of N'~f~~i ~:faf~ifMi~l~~~JS~et, providing for the ndministmtion, lensing, imd ~o. 1121, nmendlng Acts NOii. 'i18 nnd 7fll sons to more rull\• dcllne the cMme :-.'~-~1J!!~~~~~dl;~cior a loan of $4,000, Philippine currcnc~·. to the Province :-.'o. 1123, amcncling sections 12, 143, 500, and 512 of the Code of Civil Procedure ~~rdp~!~;c~.w section (143l) pro,•iding for an inexpensive method of uppcui ~7~o~!~~~~~~l~liY1~~·Wf~'l! j~t-~~~%~.on civil officers and employees nt ~o. 11:.!5. empowering the dv1l Go\·ernor to detuil provincilll fisenls tcmpornrily frum one province to another. N~s!~~?~~d~~i~thrY~i~~:~J~:~: ~:~~~'f~~~~~l~~:.ll~~d 1¥o~J3!~~ and logarithms) . i. t:'se and care of field and office inslnlln(•nts ... No. 1127, providing for the payment of per di ems in lieu of expenses to ccrtnin 13 Execi~tl!·~lv;.~~~~ the Bureau ol Engineering. 3. Theory and prncth·c of survP,l'ing ( induding computation on errors, adjustment of closures and areas) .. 4. Drawing and mapping (inclmling projcr·tions) .. 25 20 :-.-~;i~srg;1~t!.i::N ~~~ i6.n:~:~~~f~r~'.ded for by Executive Order No. 100, Nu. 22, appointing 1i committee to pass upon the pll}'Sical condition of certuin N ~~~~rrr;~~iMtnC:~'h~f: ::t1i~~c~1\'!r:,~d0hm~e~~1roe~~~~~1~ft~;e;~~~1~~ fi~~f~r 5. Practice and experiC'ncc 25 Dccisi;~·i1~h0nt~e.g~~~~;:~oi:rruminntion or olfleer:;' nccounts. The United States iw. Antonio de \os Reves. Total 100 About four hours will be allowed for the first subjcC't, three hours for the seC'on<l subject. four hours for the third subject, two hours for the fourth subject. Further information and the llCl'C'ssary application blanks may be obtaine<l at the oflice of the Philippine Ci\·ii Service Board. Manila, where the PXaminntious will be held on the dates nampd above. 17677--3 The United Sta.tc>s vs. llarinno FelicillnO et iii. };i~~~£~~~i~~&~,:1t'!r1~L'.~f.~1E~~~:;:::::}~'· The United Stutes 1·s. l'lncirlo Espiridion ct Ill. 'I'hc United States 1·~. lh•rnub(• Gomez. Bureau of Customs nnd llDtnigrution: Tnrlff Decision Circnlnrs'.'\o. ~00, cotton kXtill'S !ignrcd in tlw loom. :-.'o. 40'.!, willow hnskds or tclesco1'e ciLScs not trn\·eling bags. :-.'o. 403, turn·btwkk trm<s rods. elnssificntion of. No. 4{M, pluncr. nmtehcr. molder, nnd wa.ter motor not "sawmill mn· x~.111~~ri~ ;; ; f~~11~~rit::~1~'1~s~ \~,ti~~l~~~i;·1~ad1~;¥;~~ ~~~~~-~-'' 374 OFFICIAL GAZETTE Burenu oi Custou1s nnd lm111igrution-Co1ulnuL"<I. 'l'llrllf Decision Circulurs-continued. No . ..106, Dour sncks printed; decision of the Court of Customs Appell.ls. Ko. 40i, g!IUIS bottle~ ("(mtaincrs of stout; vnlutJ ld. 1->ach. :~: :', {~!e1:1~~:d~~~1J~io~~1c~~~· importation; 110 ullow1111cc can be mndc for, in llSSCliRDlcnt of 1lutiL'S. No . .uo, knitted undershirts, trimu1cd. customs Administrative Circnlar:So. Sil, closing the port ot Lucubm, l'rovlncc of l\li&1mis, to coustwlsc trade. Phil2>f.::i~nc~tl~n8f~~~~~r:c~o1: Notice: l:i&lc of the Insulnr Cold Stornge nod Ice pl11nt. Announcement. The omclal Gazette la publlall.ed weekly bJ' the autborll:V of tbe Government of the Philippine !elands. It will be furnished bJ mall to sub· acrlbera, free of postace. on the following terms: One year........ . ............................. P12.00 One month ··········-····· ..... 1.00 Single copies, each -· .30 Subscrlptloos should be paid lo advance, In Pblllpploe currency, or its equivalent In money of the United Stoles, and all commuolcatlons should be addressed to the editor of the omctal Gazette, Manila, P. I. Send remittances by postal money order or registered letter to Norton F. Brand, acting editor omclal Gazette, Manila, P. I. omce of the omci11.l Gazette: Oricntc Building, Phiza Cnlderon de 111. Bnrca, Binondo. The Government of" the Pbilit>tline l i!llands. LeslslatlYe. THI: PHll..IPPJNll COYMJSSlON. (Ayuntamlento--Tbe Palace.} Comminioners.-Luke E. Wright, President; Dean c. Worcester, Henry C. Ide, James F. Smith, 'l"riuidad H. Pa1·do de Tavera, Jose R. Luzuriaga, Beulto Legnrda. Executive. DEPA.B'J'MEJfr OF COMMllBCll AND POLlC.B. Bunau of Poata (148 Escolta).--Ohas. M. Cotterman, Director: H. M. 181LVO). DBPA.KTMBNT 01' FINA.NCB A.ND J"VSTICll. lg • .. "' Bureau of tlle ln.tulBr Trcc.tury (Iuteudencla Bulldlng).-Frank A. Branagan, Treasurer of the Philippine Archipelago; J. L. Barrett, Assistant Treasurer. .BvrcBu of tlls Insular Auditor (IDtendencla Building) .-Abraham L. ~~:::,-;:_ Auditor for the Phlllpplne Archipelago: W. W. Barre, Deputy .Uureau of Custonia and ImmigraHon.-W. Morgan Shuster, Collector or Customs for the Philippine lelnnds (on leave); H. B. McCoy, Acting Collector of Customs; Frank S. Cairns, Surveyor. Bureau of Internal Revenue (147 Anloague).-Albert W. Hastlnp, Acting Collector. te::::tir Coia Storage and Ice Plant.-Charlee G. Smith, SuperlnHureau of JusUce.-Lebbeus R. WIUley, Attorney-General (on leave); Washington L. Goldsborough, Assistant Attoruey-General ; Gregorio Araneta, Solicitor-General: James Ross, Supervisor of Provincial Fiscals; Geo. R. Harvey, Assistant Attorney-General for the Constabulary. DBPABTMBN'J' OF PUBLIC INSTBUC'J'JON, Mif'~::~c~~~~~:ln-k~~:rtE.H~vr~~~~~. ·~~?~ P[/;~~~ s~~~!:ryinf~iit~; 10 Aid-de-Camp to the Civil Governor. Yice-Govcrnor.-Henry C. Ide. Becretaf"JI of ma Jnterior.-Do:1an C. Worcester: private secretary, E. o. Johnson. Secretary of ComTnercc am! Poiice.-Vacant. Secretary of Finuncc and Just~ce.-Henry C. Ide: prl"t"ate secretary, Jackson A. Due. Secreta'll of Public ln.ttruction.-James F. Smith; private secretary, W. H. DO?OYaD. DEPARTMENT OF THH lNTElUOB. the PM!ippi11c lala11ds.-Maj. E. C. Carter, Surrm.y, Commissioner or Public Health: Capt. E. Commissioner or Public Health; Dr. Thomas R. Iuspector: Henry D. Osgood, Sanitary Engineer; and Marine-Hospital Quarantine omcer : r. John M. Holt, In de Iriarte, In charge, American Circulating Li!wary (70 Roaarlo).-Mrs. Ecbert, Librarian. Edft'::i(~n G1~'!!!) : <~~~::n i;.~t~nr°i:~:~ A~~~=l~~\i;;:Mu L. McColiough, Census Burea1'.-Brlg. Oen. J, P. Sanger, United States Arm,-, Director ot the Census (hi United States). Judlcinry. SUPBIU.IB COURT. (Audlencla, 47 Palacio.) Ch,ef Justice.-Don Ca')"etano Arellano. Aaaociate Juatice.t.-Florentlno Torres, J, F. Cooper, Victorino Mapa, Chae. A. Willard, E. Finley Johnson, and John T. McDonough. ClBTk.-J. E. Blanco. Reporter.-Fred C. Fisher. Judge.-A. S. Cronlleld. Judge.-Felix M. Roxas. (Palace.) COOBT OI' U.Hn llEOISTltA.TlOH, (138 Calle Real, Walled City.) Judge.-S. del Rosario. AHocfaee Judge.-D. R. Wllllam1. Clerk.-J. R. Wilson. OFFICIAL GAZETTE 375 Prol·incial Governments in the Philippines. ,111rn.-Dangued, capital. G~vernor, Blas Vlllamor i secreto.ry-8scal, Lucas Paredea; supervisor-treasurer, Archibald McFarland •. Albog (Luzon).-Albay, capital. Governor, Ramon Santos; secretary, L. Thomas; treasurer, C. A. Reynolds; supervisor, William A. Cro11land ; fiscal, M. Calleja. Ainbos Caniarines (Lu.con.J.-Nueva Caceres, capital. Governor, Juan Pimental; aecretary, Roman Enrlle; treasurer, J. Q. A. Braden; super· visor, E. P. Shuman; Baca!, F. Contreras. A · San Joel de Buenavleta, capital. Governor, Lean• A. Salazar; eupervlaor-treaaurer, B. T. Reamy : , capital. Governor, Tomas G. del Rosario; secreaupervlsor-treasurer, Emery R. Yundt; fiscal, Am· brocio Delgado. Batangaa (Luzon).-Batangas. capital. Governor, Gregorio Aguilera: aecretary, F. Caedo; treasurer, R. D. Bloncbard; supervisor, Ernest J. Weaterbouae; Gacal, D. Gloria. ca Ital. Governor, Wm. F. Pack: secretary, Egm.1lnclal governor), I. Governor, Solustlono Borja; easurer, C. D. Uplngton; fiscal, , Pablo Tecson '1 Ocampo ; aecreW. Goodhart; aupel'Vlaor, Harry rnor, Graclo Gonzaga: aecretary, supervisor, William E. Pearson; ernor, S. Jugo Vidal; aecretary, , F. S. Chapman; fiscal, A. Pardo. I. Governor, Capt. David C. Sbanke, United States Army; secretary, D. Tirona; acting treasurer, Jamee R. Shaw: aupen·lsor, Russel Suter; Decal, F. Santa Marla. Sor ODO. J?~oE capital. Governor, Lieut. E. Y. Miller; secretary~a&~t~lisb ?:"=~~o~,r~~aPr"Ac:J~~~~~: nor, Bernardino Moa. J. Fanning: aupervlTarlac.-Torlac, capital. Governor, Alfonso Ramos; secretary, M. Barrera; treasu""r, w. E. Jonea; aupervlaor, Sam C. Pbl»ps; Decal, M. Ilagan. Tayabaa.-Lucena, capital. Governor, Ricardo Paraa; secretary, GerHa;~pb1::~n~ac~'r:~ror:u!~~.am o. Thornton; aupel'Vlaor, Henl"J' c. Z111nbales.-Iba, capital. Governor, Potenclano Leaaca; ncretary, Gabriel Alba; aupel'Vlaor-treasurer, Arthur S. Emery; Dacal, Juan Manday. Members of Boa1•ds fo1• Sn111n·essJng tlle Locust Pest. Cebu (Cebu).-Cebu, capital. Governor, J. Cllmaco; ncretary, L. Alburo; treasurer, Freel J. Schlotfeldt; aupervlaor, Harry C. Delano: A Dacal, Mariano Cul. Celelcante. aar. tlgbnc. i'edro M.1~1~0:: f~':u;;~•j_•fJ. ~:~~r~·= .~:avr8:1::~: t:!\011'~'1~1!1~ =a:::r,e~~f! , Raymundo lfelllza : secreln; aupervtaor, Maurice W. Dlchoso; secretary, vacant: • Alzona. or, Juan Callies; secretary, Love; supervisor, David A. 0 BULACAN.-Maloloa: Fruto Andrnda, Mellton Carlos, Ceferlno Aldaba. CAGA YAN.-7'u911cgcro.o: R. W. Adamson, Sebastian Tuyuan, Pedro amaulg, IJagabag; Anastasio Fernandez, ayombong. P ApaHt; Ceferlno Sandlco, Mea;ico; Estan s ao Santos, Bacolor. PANOASINAN.-Clrllo Espino y Antonio ll'lor Mata, IAngayen; Mattas Gonzalea, Bautista. PARAOUA.-Vlcente Sandoval, Coron.; Clemente Fernandez y Mariano Abld, Cu o. Manuel Jabaon, Matlaa Angeles. rez, Santiago Eatudlllo, Joaquin Alejo Maga, Leocadlo Cinco. eon, Manuel Martinez, Perfecto Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. ll MANILA, P. I., MAY 2.5, 1904. No. 21 PlJilU<J lu\WS. l:'\o. l 12H.I .\:\ .\('T l'l:l·:S('Hllll\t; HE<;l.L.\TIO:\S 1:11\'EH:\\:\C; TllE \>!Wl'EIH"HE FOH .\('()l'IHl:\U TITLE Tl> l'l'l!Lll' ('0.-\L L.\:'\DS L\ TllE 1'1111.ll'l'\XE ISL.\XDK L'\DEB. TllE l'H0\"1:->IO\"S OF SJ·:cnoxs FJFTY-TllREE. FIFTYl•'lll"IL 1:1FT\"-l•'l\'l·:. l·'lFTY-SI\ .. \Xll FlFTY-SE\"EX. ov TllE .\(''!'OF ('():\(;Jrnss .\PPHO\"JW .Jn.y FIHST, XIXETEE:\ lll"Xl)l{ED .\\D TWO. E::\TITLE]) ".\:\ AC'T TE:'i!POIUHll.Y TO l'HOYIUE FOH TJIE .\ln!IXISTR.\· TIOX OF Tlll-: .\FF.-\IHS OF l'l\"IL 1:0\"EHX:\IEXT IX TllE I'll I LI l'Pl :\E ISL.\:'\ IJS, .\ :\D FOH OTll ER Pl ·n. PORER." IJ,11 rr11/Jwriry o/ llw I 11ilf'ff ,..,'/r1l1w, lw 1/ ''1Wf'/cd 11.11 /Jrr l'hili11pi11<" ('0111mi.~.\io11. 111111: :--Et"TIO:"\ I .. \uy pl'r-..on ,1ho1·t· tlw ag1• of t111·11l.1-011t• _l"<'ar,.,. who i-.. a dtiZ('ll of tlw l"ni!t•d ~tn\t•...; 01· of tlw l'hilippilU' ],..[a1Hb, ur who ha-< Ht"tjllirt•d lh<' 1·iµ-h\-... of a 11ali\"t' of ,..,.jd J,..\a11ds undf'r arnl l1y 1·irtm• of tl11• tn•aty of l'ari .... or any a-<,..twiation l•f pPr ... nn .... -.p1·pr,dl.1· qunlilit·d a ... ahon•. ma.1· purt·ha---•• n11.1· unrt·M·n·rtl. uuap l'l"opria\t>tl pnhlil· land whit·h i-.. ehiPfl.1· \"aluahlt• for <"oal. hy prm"l'Ptlinµ- a ... lwn•irn1ftl'I" dirt•t•\pd; /'rm·itlrd. Tlwi Ho indi\"idu,d ]ll'l""<Oll ,.,Jiall hi' <'lllii]l'tl to purt"ha-<t' 11101·1· than !-ixl.\"·folll" lwdan•,; anti no a,.,,..ul"iation mnrt' than 0111• hu1ulrf>d awl t11·pnt.1·-1·iµ-ht lw("\an•,;: 11111/ 11rondr•tl furl/HT. Thal thi-< ad --hall lw lwld to lo aulhorizl' 11111 Oil(' t•ntry 11.1· 1111• ---anw lK'l"-"011 <JI" a ....... nt·iation of 1wr,..011><. am! IHJ a...; .... nc·iation of 1u•r.-..011 ..... any 1111•mlw1· of 11hit·h -..halt !ia1·t· \ak<'n !hf' hc•1w!it of thi ..... \d. l'illwr a-.. au indil'i1lnnl or a-.. n JIH'mlwr of any otlwr a-..-..01·iation. -..hnll t>Ull'r nr hold nny oth1•r land<. 11ml<•r ill!' prol'i.-<ion-.. l11•n•of. and no 1111•111lwr of n11y a;:«1win 1 ion wl1il·l1 ,.,!Jail lia\"t• lakPll thl• h(•1w!it of !hi-... .\d ,..]iall ('lllf'r ol" holt\ a11.1· oth1•r L111cl...; 1111dc·1· tlw prol"i-<imJ"< lwrt>of: .\ml prnrhff'd f11rllwr. That ,..1H"h lantl"< if prM·io11"<l.1· ><lln"<'Yf'li h.1· lhf' C:m·rrnllll'lll <.hall h(' l:lb·n hy lt>:.rnl ,..nlu!il"i"<io11-.... \mt if 1111...;un·t·.n·d -..]mil lw takC'n. 11·hpn•1·1·r po<....;ililr. i11 tlH' form of ,.,111mn•,.. whic·h -..hall ("Onlain at lPa-<t ...;ixteen lwr·tan•<.. <•al·l1. NEC'. 2. A roal elaim may ht> initi;tl('f! f'iilw1· h.1· filinµ- n <\l•<•lnra !in11 of lor:iliou with llw mi11ill;! n·\'nnlrr of 111P pro1·im·1• iu 11 hi\'h tlw lane\ j...; loral<'ll, or hy al't11all.1· taki11;..: po-..<.r<;«io11 of !hr• laJH\ and makini:r imprm·('llH'l11,., thrrPOll; /'nn·idr'rl lwwr·rr"I". Tlmt 11·hrn• dain1...; an• initialf'cl hy o(·(·upation a propt•r clrrlanition of loC"alion mu-.t hf' fi]C"d 1\·ith tlw mining n•r·or1IN within -..ixly 1!ay-.. afft•r tlw <latP of a<·tnal pn«"('""'ion a11<\ l"OHlllH'll("C'lllPnl of impro1·1·nw11\,.,_ Nt:l". :i. Th(' o\1•t·larnlio11 of lo(·a1io11 aho1·1• 11w111io111>tl 11rn-<t h1· (':\t•(·Ult><\ llll(ll'r onth. aml mn><I •ll'"<f•rilu• tlw Janel OtTllJlif'll in a-.. •ll'finit1• n ma111H'r a« pra<'li\'nhl<•. aml mu«\ Pontain all !l('{'('<;><ary all1•;..:alio11...; 1o "11011• thnt applirant h11>< tlw qnalificntion<; rpquirl'rl 111Hh•i- "t•dio11 om• of tl1i-< Art. :rnd thai tlw land i;; of tlw rharadf'r tlwn•in mrntiOJJf'<i. Jn ('Hsr n l"iµ-ht to purrhast• i" hn.<..<•d on prior CJ("("llpation aml impro1·t·1111•11t. that f~H't Ulll><t lw .<..rt out. an<l the 1lalt• of ot·\·upation arnl amount of improvcm1•11ts !-tat<'d. N•:(". 4. It ><hull IH' tlw dul.I" of the mining r1•cor1ll'r to n•conl (l(>(•laralions of loC"ali•n1>< of (•oal claim« in llir sanw mannf'r tlmt dt•(·larnlion;; of lnl'ation...; of mining- rhlim" an· rC'ronh•d: and for ... ut"h ><Pl"l"i('c'-< Ill' ,..]mil rPrp1in• \\w pa.vnwnl of a ft•e of two prsm •. l'hilippi1w \'\llT('IJ<'.I". whil·h .-<h;\ll hi' pai<l lo the prnl"inrial or oli"<lrid tn•asurer as providl'd iu ><t•(•tion fin· of Aet ~umbN('d Six huudr('(l and tw<'nty-fou1· :i-.. anwmlccl by Act Xnmbrr<'d Eii:rht huncln•cl all(\ lifty.nitlf'. S•:c .). :\ll dl'(•\aration:-. of lo("atiou>< shall be l"l'rortl('d in the onl1•r in whic·h tlw.v ar(' filf'cl for l"('('onl. ancl th(' mining rf'conll'r -..hall note on 1•arh instrnm('nt fill'd for n•c•ord th<' year, month. nrnl day. ancl ihr hour aml minutf' of thr da.\· on which thl' saml' w;1-.. fill'li. .\ffrr n•c•onli11g tlw tll'rlarntion tlw mining rl'cordl'r -"hall :"'lk1• a tnH' ('opy of thr sarn<· and without clclay fonrnr(\ it lo th(' ('hirf of tlw Rnrl'au of Public Lands. NEc. fi. All prrsons sl'Pking to acquire public lands undrr the pro1·i...;i011" of this .\l't must prow lh<'ir rl'Sp<'rtivr rights and pa.1· for tlw \all(! fl]('(\ upon within 0111• yPar from the timl' prc•:-.eril)('d for filing th('ir <'iairn", am\ thl'.1' shall not lakC' from tlw ]all(\ awl "<I'll 1111.1· l'o:il prior to obtaining- n patent. NEl'. 7. A patf'nt for laud c·laimrcl and locatNI for l"aluahk ("o:d tll'pn-..il-.; 1m1.1· hP ohlain('<\ in tlH' following mannN: Any pt>rson or H><-<Of'iation anlhorizr<l to loC'al(' a ('oal clnim nml1•r 1hi-.. .\d h:n·ing ('laimecl a11tl !oC"atrl\ a pil'rl' of land for such purposr;:. who or wliil'h ha« C'Ornpli('d with tl1(' tf'rms of this Art, ...;Judi fill' with tlll' Chil'f of th(' TitirPan of Puhlir Lands au nppliratio11 for n pat('n\ Ull(IN oath. showing snrh rompliance, togdll('r 11·ith a plat aml fil'l1l notf'" of tll(' c-laim maclf' by or mHIPr thr 1lirPrtion of till' C'hi<·f of th(' Tinrc·~rn of Pnhlif' Lnnds aJl(\ nt applif'ant's ('XJll'll"-('. showing af'f'Uratrly the bomularil's of thr rlaim. whiC"h shall IX' (\istin('l:i.• marked hy rnonnmrnts on thr ground. a11<\ shall post 11 cop~· of .<:.nch plnt. togcthn with a notirl' of Sll<'h applimtion for a pat<'nt, in a C>onspicnous plnrr on tlw land d<';;crilwd in ><urh plat pl"<'Vions to th(' filing of tlw applirntion for a patl'nt. a11<l <:.hall file an affidaYit of at ll'ast two p('rsons that snl'h plat aml notir<' haw be('n dnly post('(\. r·pon th(' filing of gaid appliration. plat. fir-lei notl'!".. notir('s. nm\ affirl:n·it...;. it shall hr th(' (lnty of tlw Chil'f of tlw Tinrrnu of T'nhli<' Lands to pnhlish onre a wrrk 11 untie(' that !".U('h applirntion has br<'n ma1lf' for thl' prrio(I rlf ninl' consrcutivl' wrPk."in n n<'wspaper to lw h:i.• him c\Psi;:rrrntl'cl: also to po.'it a C'Op~· of thr application in his offif'r. and to n•quirC' such fnrthrr puhliration a<:. hC'. with tlw approval of tlw ~C'Pl"l'tnry of thr Tntrrior. ma~· drrm :irh•i.;;nhlf'. At thr rxpiration of th(' pC>riorl of pnhliration tlw clnimant "hall ti\(' his affidavit, showing that th(' plai anrl notirl' havr IX'l'll po"trd in a ron.,pi('nous plnC'(' on thr clnim rl11ri11g su<'h pPl"iod of pnblit'ation. Tf no ndvprs(' rlaim shall have hrrn filf't! in thr Hnr('llll of Puhlir T.ands during- tlw snicl 1wriod of puhlicntion. it shall hP a""llllll'<l tlrnt th(' appli('nnt i<:. Pntitl('d to a pnh•nt, upon paym<'nt to tlw C'l1irf of th<' Tiurf'au :l77 378 O.U'FICIAL GAZETTE of Public Lands of ti.ft~· pesos pN heetarc wlll'r<' the land shall be sittmted more than fift('('ll miles from iUI:'>' completed milroad, 11rnilnble harbor, 01· mn·igl\blc stream, and mw hundred pt•sos p<'r hectare for such lands us shull be within fifteen miles of such road, harbor, or stream, and that no ndvl'rsr claim exists: l'rorided, That wlwrr thf' claimant for a patent is not a rf'sidC'Ul of or within the pl'Ovincl' wher .. in the land sought to he purchnsl'd is located, the appliC'ation for patent and thl' affida\"its requir<'d lo ht• made in thii-; ;;cction by the <'iainmnt for such patPnt may be n)ade h:-.• his, her. or its authorized agC'nt, when• said ngcnt i...; con\·crsant with the facts sought to be 1•slablblwd by said allidavits. SEC. 8. \\'hen• an ad\•ersc c\nim is filNI during tilt' IJC'l'iotl o[ publicntion, it shnll ~ upon onth of thl' pnson or !>el'sons makingthe same, and shall show the nature, boundariC's, and exknt of isuch ndversc claim, and all procrcdings. excl'pt tlw pnhlicatinn of notice and making and filing of tl1C' allidavil tlwrC'of, shall be stnved until the C'ontroversv shall have l>N'n sl'ttll'd or decid1•d b~· a c~urt of competent juris<iiction, or th<' ad\'(•l'se claim wnh·C'd. It shnll be tlu> duty of the 1uh·er.'ie claimant. within thirty dn~·s after filing his claim, to commenC'e proC'C'cdings in a coul't of competent jurisdiction to determinC' the qu<'stion of tlu> right of possession, nnd prosecute the same with rf!nsonah\C' dilig<•JH'l' to final judgment; and n failure so to do slmll be n wafrn of hii< adverse claim. After such judgment shall lul\'l' \)('en rC'nd<'rC'd. th(' party entitled to tlw possrssion of t.Jw <'laim, or any portion thereof, may. without giving further noticl', file u cl'rtificd copy of the judgment roll with the Chi<'f of the Rurl'all of PuhliC' Lands, who, in ease thf' conditions of section sevrn of this AC't hn,•e bren compli('d with, shall issnf' to the clninmnt a patl'nt for such land· as by the decision of thr eourt he appl'ar1< to hP Pntitled to. R~:c. 9. All patents for lands dispost•d of undN this At•t ;;hall I}(' Jll'C'pared in the Bureau of Puhli<' Lands and ;;hall i-"SUC' in tlw namP of the United States and thl' Philippinl' Govf'rnmC'nt nndN thl' signature of the Civil Gm·prnor; but suC'h pntl'nis shall ht• C'fff'ctive only for the purposC's df'finrd in sedion on(' hundrl'd and twent~·-two of thl' Land RPgi,.trntion Al't and tllC' actual eonvC'yanre of thr land shall hr r!Teeted onl~· n>1 provided in said section. SEC. 10. The Chief of the Rurenu of Public J,ands. under thl' supervision of the S('(•retnr:-· of the Intl'rior. shall prrparl' and issue· such forms and instn1C'tions con:<if<tl'nt with this AC't as may be nece!isary and prnpE'r to <·arry its pro\'isions into efff'1•t. and for the conduct of all procel'dings ari,;inl! hl'rl'undN. SEC. 11. The publk good rl'quiring thC' spl'C'dy PllUt'tnwnt of thi,; bill. the pas!iage of the samr is hl'l'eby expC'dit('(l iu a(•t•o1·c\;111C'1• with section two of "An Al't prC'st·ribing tlw ordl'r of procPdul'r by the Commission in thr cmH'tmPnt of laws." passrd Septemlwr twenty-sixth. ninl'trl'n hundred. REC. 12. This aC't shall take effl'et on it,; passa1-,TI'. Enacted, April 28. 1904. ['.'lo. ll2!Ll A~ ACT .nmxnrno A('T :SUMBEIUm EIGHTY-THREE. KNOWK AR THE PROViNCIAL GOVERNMENT ACT. HY PROVIDING THAT .JUDGES HOLDI~n COL1RT IN THE PROVINCES ~fAY RR PAID A PER DIEM FOR EX PENS ES. H!! rwthority of the U11itcd States, be ii rm1dcd by tlw l'hilif111i1w Commfasio11, I hat: S~:CTIOX I. SrC'tion sen•n of At•t '.\umhe1·ed fo~ight,v·three. known as the Provincinl Govl'l'nment AC't. is ht>r1·by amt>nded by inserting nftt"r tht• won\ "day." in tlw ninth li1w of said Sl'C'tion, the followinµ:: "Pru11illrd, That wll('rl' thl' µ:o\·l'rnor foils for an~· C'~IUSP to rnakt> proprl' pro\"ision fol' tlw protection and <'ntC'1·tainn\('nt of ti)(' judge, a. per diem of six pesos, Philippine currency. :-;hall be 11llowed from the provincial trC'asnrr to the judge in lieu of 1·x· pl'm:es during the period hi' i!i rf!quire<l to be in the province for the purpose of holding court." s~:c. l:!. Thl' public good l'C'<JUiring tilt' SJl(•rdy t'lllll'tllll'ni of this hill, the pussaw of the same is herl'hy expt'tlit1•d in accord;uu·c with st•ction two of "An • .\l'l llrl'Sl'l"ihing the onlt•r of procedure by the l 'ommission in the l'lmt'tment of laws," passl'd Septembc1· twrnty-,;ixth. ninC'tf'<'ll hnndn·d. 8~:<'. a. Thi:-; Acl shall lake cffcet on its passage. Enacted, April :!8, }!)04. [N"o. I J:JO.J .\'.\ .\CT TO l'HE\'EXT THE FAILL'HI~ OJ•' .MlLITAHY ,Jl'.STICE. ll,111111/lwril!f of Ille f:11ilcd Nlr!lc.~, be ii cuac/cd b!J llw l'ltilippim; Commis.~io11, Uw-1: 8Ec1'IOX I. Evcry J)('rson nol bl·longing to llll' Anny of the L'nill•d Rtutl's. who, in tlH• Philippine lsluntls, bring duly i-;ubp11~11111'tl lo. appear thel'(•in as a witness before a gc1wral courlmartial of said Army, willfully nl'gleets or refusl's to appeal', or rPfu:<<':< to q1111lify as a wil!ws,; or to tcstif:-• or prnducc docunwnt· al'y 1•vidl•m•c whil'h s11<•h p('l'son may have been legally subpa!naC'd to prodnl'e. shall be pnni,;lll'd by a fine of not more thnt fi\"c hnnclrC'd t!ollal's, Cnitecl 8tut<'s t•mTen(•y. or imprisonuwnt not to l'X('C'l'd six months, or huth, at the dbcretion of the court, anti it slmll ;_,.,_the dut~· of thr prnp1•r fiscal or prosecuting oHicer, on the cel'tification of the' fads to him by the g.;:nC'ral co11rt-marlial, to fill' in the propPr rourt a complaint against and prosecute the person so offending: Pl'oddrd, That one dollar and fifty cents, l'nited Htates cunenl'y, for t•ach day's attendancc and five cents, L:nitc(l 8tates currl'ncy. per mile for going from hil' place of resiclcn(•c to t)l(' plncl' of trial or hl'aring und five cents per mile for l'C'turning. 1'hnll be du!~· tNtdel'ed to said witm·ss: Pro·vided f11rlher, That no wit1w;;s !ilrnll be ('Ompelled to incriminate himself or to ans\wr an~· qm·stion which may tl'nd to incriminate him. 8Et\ 2. Tlw public good rrquiring the spel'dy enactment of this hill. the passag<' of the sanu> is hereby C'Xpedited in ncconlance with sl'ction two of "An Act prC>:o;l'ribing tlw ordl'I' of procedure h,\· tlw Commis,;ion in the Pllll('tmrnl of laws," passed 8cptcmh('l' twt'uty·sixth, nilwtC'en hundred. H~:<·. :J. Thi" .:\et shall take effect on its passage. J<;mH•tcd, ..\pl'il 28. I !JO-I-. [Xo. 1131.] .:\:\" ACT .MAKI'.\(; THE GOVERNOR 01~ THE PRQVINCE OF MINDORO A .JUSTICE OF THE PEACE WITH ,JURISDIC· TIO~ THROCGHOCT THE WHOLE OF THAT PROVINCE. Jly fl.utlwrily of llw (),1iled ,•.;tates, be it cm1ctcd by the Philippine <:ommissio11, tlml: 8t;("l'IOX 1. Tlw gO\'l'rllor of tlw Pro\·im·r of }Iimloro b hereby maclc t'X oflicio ju,,tie(• of thP peace with authority to perform all the clutil•s of n justiel' of thC' pen<'e throughout the whole of tlw Provinl'e of ).Iindoro. His jurisdiction ns justice of th(' !JC'llCt' shall hi' <•onC'mrent in t•\'el"y municipality nm! in C'V('l'}' part of snid prnvincc with that of tlw proper justiC"c of the pl•uce of tin· munil'ipality. Th(' feC',; th11t wonld al'Cl'IH' to a justi<'e of the prnl'C' shall, in all l'as1•s wh1•r1• tlw provin<'inl govprnor acts as justicl' of thC' 1w1H't'. he 1•on·rC'd into thC' h't•asm·.v of the pro,·inct• for the ;.,<1•nernl purposes of tlw pro\"im·<•. Rn·. 2. Thi' pul>li« good n•quiring thr -"Jll'edy enactnwnt of this bill, thr p11ssag1• of tlw same i,; hC'rrhy C'Xpcditl'd in ac<'ordnnc1• OFFICIAL GAZETTE 379 \\"ith •wction two of ··An Aet pn•scrihing the order of proccd11r1• by tlw Commi><siou in llw rrnlt'tmrnt of laws," pa><s<'d H1•ptl'mhl'r tw1·ntr-,.dxlh. ninclren humln·cl. St;(', :1. Thi,; At·l ,.\mil takl' 1•11"1•d on it>; p11ssng1•. En:1P\1•1I. April :!S. 1110-l.. [Xo. ll:li.] .-\:'\ ACT 80 A.\IEXDIXU .l..("I' XC:O.IBJmlm }•'IVE HUNDHED .\::-.,·]) Xl:\ETY AS TO l'H0\'11))<; THAT THE EXPl•~N8E8 OF PHELH.llXATY IX\'1•;8TWA'l'ION8 !•'OR CRBll.:\'AL OJ•'l•'EXSES BY .Jl'l-iTl('ES OF THI<; PEACE. WI-JEX HELD AT THE ('AL'IT.-\L OF TIIE l'IW\'1:-JCE. ALTI-Wnrn 'l'IIE TllE OFFEXSES \\'EHE l'O;\DllTTED IX OTHER .\ll,"XICIPALITIEH. SllALL BE PAID HY THE :ML"NICJPALJTIES IX Wllll'I-l TllE OFFEX8E8 WERE COM;\HTTED. /ly t111llwrily of Ill<' l'nilrd Sia/cs. lw ii t•11adnl by tlw Pl1ilip]!i.J1<: ('ommis.~io11, flint: ~t:CTJOX l. H<'<'lion 01w of . .\t·l ~umb<'J'('(\ Five huudrPd nm\ ninc>t,\'.' <>ntillPd ··.\n _-\('t ,.;o ~111wnding .\l't Xumbl'l'<'d Om• lmmh·Ptl 1U1cl 11i1wty-fo11r. n·l11ting tn pn·liminnry im·c,.;tigatiun,.; of criminal offt'n,.;p,.; by justi(·ps of tlH' JW<l('I', nm! portions of (1p1wral Onll'ri>, ~mnh<>r('(l Fift,\'·eight. 11,.; lo authoriz1• juslil'<>,; of th<> pen1•<> in the capitab of provin«C'" to holcl J))'1•\iminary in\'l•stigution,; in rPganl to offPmwi.; alleg1•1I to han' \)('('II 1·ommitted in any portion of the• p1·0,·im•1>," is h<>rPh,r anwnd1•cl by adding at th<' ('ml thl'rf'of tlH' following wonb: "/'ro1·idrd, luwTtTr. That tlw t•X(l<'llSC of ,.;11d1 prf'liminarr im·l'stigation ,;hall lw pai1I lt,\' 11H' muni('ipalitx in whid1 tht•.offc>n,;p w11,.; 1•ommiltP1I in tlw sanH' nu11rn1•r u,.; though tlH' pn>\iminar,\' inn•;;tig-ation had hft•n l'OIHlnd1•d in ,;w·h munki· pality." St:c. '.<!, Tht• public· g-ood rC'quiring- the> "'!)('I'll,\· t•m1ctnw11t of this bill. thf' pa,;sagl' of the• sa1111• i,; lwrt'b,\' •'X])('tlit<'d in acconlant•1• with "'''('lion two of " . .\11 .:\l'I ]H'('"'l'l'ihing th<' ordt•r of pl'O<'l'thll'1' hy tlw Conunis,.,ion in tlH' 1•11adnH'11t of law,;," pass1•d Sf'ptf'mhf'r iw<•nty-,.,ixth, ninl'lC'l."ll hundr<>J. Sn·. :!. Thi,.; A<·l ,;h11ll lak1• 1•Jl'1•1·I on it,., pa,.;sng<>. Ennd<>1l, . .\pr ii 28. I !10-l.. l \:o. l J:l:l.J .\'.'\ ..\{''!' .\:\IEXDJ\:(: . .\CT \:l·rnm1rnn Elm-IT Jll'XDRED .:\XD FlFTY·FOl'l~ BY l'HO\'IDIXI; Fon THE l'.-\Y:\IEXT BY Tl-IE l~SCLAll <HJ\'EHX:\IEXT OF THE COST OF :\IEDll'..\L ..\TTE~D..\XCE FOH FILIPIXO S'ITDE~TS .-\l'l'OIXTED l":N'Dlm HAID Al'T. /(11 n11llwrity of tlw l'niluf Slafrs. lw ii r•wu:/1•d fiy llw /'hili11pi11c ('0111111issio11, Iha I: SE('TIO:X I. S<>etion li\·f' of Al't ~umllC'rt•d Eight hundred and !ifty-four. <>nlill<'d "An .-\et pro\'iding for tlw Niuention of Filipino ,.,tud(•nt,.; in tlll' L'nited Stnt<'s nil(! appropriating for such pm·posf' tlw sum nf "'t'\'t•nt.v-two thou-;arnl clollars, in mon1•y of thP CnitP1I Stnlt•,.,," j,. hcn•h,\' anH'IHil'd by a11ding afll•r tlw words "per nnnum" in tlu· third Jim• of said "'''ction tlu- wonb "medical nttPn<lnncP." Su'. 2. Tlw public goocl rt•quiring: ilw speed)' Pnnetnwnt of this hill, tlu· pas,;ag<' of tlw ,;anw is hN<>b~· cxpedit('(I in 11<•cordnnc1• with >'l'C'tion two of "Au .\<•t prt'>'('l'ihing tlw onlt•r of prO<'P1lun• h.\' tlw ('ommi.ssion in tlw ('llltdnwnt of laws," pn,•s1•tl 81•ptP111lw1· tw<>nty·sixth, ninetf'en hundn•d. St:I'. :1. Thi:;; AC't shall tnkf' 1•ff1•d 011 it,; pas,.,.agP. Emu·t('([. Apl'il 28. l!l04. 1 I Olllcial Ga~cttc. l!l. LNo. 1134.J .\X .-\CT AMENDIXG ACT NL'.MBEHED HIX HUNDRED AND T\\'EXTY-Fot:H, EXTITLED "AN ACT PRESClllBING HEGIJLATI0\:"8 UO\'J.;HXIXU THE LOCATION AND :\IAXXER OF RECOHDING :\llNJXG CLAIM8, AND THE .\i\l<Jl:XT 01" \\'UHK ::\J<:CESSARY TO HOLD POSSESSION UF A :\JIXINU CLABI, U~DER THE PROVISIONS 01" TIIE ACT 01" co~nHE88 APPROVED .JULY FIRST, :NINETEEX HCNDHED AXD T\VO, ENTI'l'LlW 'AN ACT TEMPOHAHILY TO PHOVIDE FOR THE ADi\UNISTRA'l'IOX OF THE AFFAIH~ 01" CIVIL GOVERNME~'l' I~ TllE PHILIPPIXE ISLANDS, AND FOR OTHER l'l'RPO:-·U•~S.'" ll!/ 1111/horily of the l'11iff'cl N/(1./1·.~. be it cmwted by Ille Pl,ffippine CommisJo·io11, that: S~;(."!'101': L Section th1·('(· of Act :\umbered Six hundred and twenty-fom,' entitled " • .\n Act prc,;eribing regulations governing tlw ](J(•ation and numm•r of recol'ding mining claims, and the amo1111t of work necessary to hold possession of a mining claim, urnlt•r tlw provisions of the Act of Congl'css appl'oved July first, 11i1wtPcn hundn•d and two, entitlf'd "An Aet temporarily to prm·i1h• for the udministration of. the affairs of civil government in the Philippine Islands, and for other pul'poses,'" is hereby 11mcnclt'd by inserting in tlw first Sl'ntenee of said section after tlw words "all declarations uml ufliclnvits l'egurding mining claims" tl1e following words: "uml all oth<'r documents and instruments in writing of wlmtevcr ehnrnctl·r or natm·<' nlienating, mortgaging, lf'n,.,ing. or otlwrwi..;c affecting tllf' possession of mining claims or auy l'ight or titl<> therf'to or inten-st therein;" and by inserting in tlw ,.,am<> ,.,ent<>ne<> after tlw words "shall be recorded in the onl<•r in whieh tlwy arP fil<•d for n•cord" the following: "and from a11tl aft1•r ,.,uch liling for 1·el•ord all declurntions 11nd affidavits n•garding mining claims, and all tloeuments and instruments in writing of whatc-ver kind 01· nature alienating, mortgaging, leasing or otlwrwise affpcting- thl' poss<>ssion of mining elaims or uny l'i1.d1t or titl1• thereto or inll'rest tlwrcin slmll constitutt> notiee to all 1wr,,ons and to tlw wholf' wot·ld of the contents of s1tid t\1'1'lnrations, alliduvits, docunwnt,.,., uncl \1·ritten instruments and of tlH' l<>gal effect th<'l't'Of." 8El'. 2. The public good J'f'quiring the speedy enactment of t.hi!! hill, tlw pnssugl' of tlw sunw is hereb~, t>Xpedited in accordance with ,.,1•C'tion two of "An Act pre:-1eribing the order of procedure hy tlu• ('otnmi"'"ion in the Pnactnwnt of laws," pas>wd September iw1•11t,\'·sixth, 11i1wkt•11 hundl'e<l . SEC. a. This Al't ,;ha]] tnk<> 1•1!\>ct on its passage. Ernll'il••l. .--\pl'il 28, l!l04. I No. 1135.J .-\~ .\C"I' L'l{()\'IDIXC: !•'OR THI<~ INCOHPORATIOX OF THE :'lll'XH'll'.\LITY OF BO!\UABOX. I•ROVINCE OF ~llN­ DORO, AS ..\ BAlUllO 01•' THE i\IlJNlCIPALITY OF l'IXA:\lAL.--\ YA::\, PHOVIX('F. OF MIXDORO. fly 11111/writ,11 of flu• l'11ilr'tl N/(111>.~, lw it cnacfrcl by 11.e PliilippiJIC' ('ommi11.~ion, 111<1.t: SEC'l'JO:X I. 'l'lw munieipality of Bongabon, in the Province of :\Iindoro, is hNcb~· i1worpornted n,.; n barrio of thP nnmieipalit~· of Pinamalayan in the ,;aml' province. SEI'. 2. Tlw 1•xi,;ting oqranization of tlw munieipality of Bongabon is lwrPhy nhohs\wd and all ollil't•rs <>xi.-;ting b~· \'irtue of thl' pr<>.'ll'nt organization of ,;uch nmni1•ipality are hcrC'h,\' drclnrrcl nH•anl und ,.;uch offices arl' abolished. ~t:l'. 3. Tlw puhliC' good requiring: thf' sp<>ed~· <'nnetnwnt of thi!'; 11 Olllri11.I G11.~cttc. 90. 380 OFFICIAL GAZETTE bill, the pas:-.age of the same is hereby expedited in accordance with s<•ction two of "An Act pn•scribing the order of procedure by the Commission in till' t•mwtnwnt of lnws," passed September t\\'cnty-i;ixth, ninPlet>n humlrc1I. 8EL:. -l. This At~t :<hnll takl' l'li'l>d on ils passagC'. EmH"tt>tl. April ~H. JHO-l. IKo. 11:rn.J A\' ACT ACTHOlUZl:\"G TllJo: COLLECTOH OF UlJSTO.llS FOH THE PHILIP1'1!\E 18LA~D8 TO LlCKNSE VESSELS E:XGAGEIJ EXCIXSIVELY I~ THE LIUHTERAGE AND HAilllOll BL:8l~EH8 A~D TO PHOVIDE FOR THE HEGULATIO~ OF TllA'J' BnW\l·:ss. Jly aut/iority of tlle United t:;tatci;, be ii c11aclcd by the Philippi11c Commission, that: 8Et:TlON 1. The Collector of Customs for tlw Philippine Islands i:s hereby authorized, empo\\'f'l'Cll and din'ctcd to issue liceuses to engage in the lighteragc or othel' exclush°el)' harbor business to vessels or other crnfl actually engaged in such lmsine..is in any of the ports of the Philippine Islands on the eighth c.Ia:r of .March, 11i1wtce11 humlre1I and two, and to vessels and other crafl built in the Philif)pine Islands or in the linited States und owned by (•itizens of the L"uited States or b)· inhabitants of the Philippinl' Islands, or by meml.Jers of both dasses jointly. ~Et', :,!, From un<l aft1•r the passage of this Act no \'essel shall <'ngag(• iu lighterng<' or othN t•xelusively harbor business in or about the harbors, rivers, or inland waters of the Philippine Islands, having na\'igablt• outlt'l to the sea, without a license therefor, e'xeept thos1• hen•inaft1•1· 1•xempteel. ~EC. :J. The prnvisioll.'< of this Aet shall not apply to: I. Yachts, launches, and otlwr cruft used and t•mployeel t•xelu· ,;in•ly for plC'a,;ure and recreation. 2. Ship's boats and lauuehe,., b<'ariug thr na11w aml homP port. of the wsst•l plainly markt•d tht•n•on. a. 'VPssels owned l1y th(' (iowrnuwut of tlw l'hilippilw (,;lands or of the L'nited ~tat""· 4. \'essels of tlw burden of om• ton gross or lt•ss: !'rodded, huu:crcr, That tht> ex(•mptions of tlw first three paragraphs of this .'<Pelion shall ccasl' as to any n>»»<'I whi(•h shall at any timP engage in the business of trn11spol'tiug cal'go or passengt>rs for hire. SEc. 4. Each lil't'Jhe i,;,;1wd under the authority of section 01w shall ,;pel'if~· thl• partfrula!' port or other hody of wall•r for whi(·h i,;sued. and 110 n•,;,;1•1 ,;hall trnn,;port ('argo 01' pn,;,;1'11;.fl'I',; fol' hirt• beyond tlw limib spPeitied in its licC'n,;1•. Rt:c. 5. Tlw Colll'l'tor of ('u,;tom,; fol' tlw l'liilippin<' l,;lawl,:; i"' lwreby authoril'.Pd, 1•mpm1·1·n·d, aml elir('(•led lo promptly makr and publish suitahl1• rule•,; anel rrg-ulatiun,; to l'arry thi"' law iuto f'ffN•t and to i'l'g"lllatt• tlw hu»i1ws,; lwrt'in li<'e•nwd. ~El'. Ii. An~· li<·(•n,;1• µ:nrntt·d or <·ontimwcl in fore·!' m11IN tlw authority of this Aet may ht> r1·1·ok1•d for caus(• at a111· tinw b\' tlw Colll'etor of Custom,; for tlw l'hilippi1w J,;]a1Hls. . . SF.c. i . .-\uy w,;,;1•1 whic·h ,;hall rinlat<• th<' provision,; of this. Ad may he fim•1I in an,1· ,;11111 not t'Xl'<'t'•ling 0111• thous.and 1lollar,;, Cniterl Rtnt<'s l'lllTeney, to IX' e·olll'<·h•1I in tlw mamwr pr<·..,<·rihl'cl in section three hurnlrc1I and thirtPl'n of tlw ('ustom,; .·\dmini,;lrn· tive Act, as amendP1I hy . .\ct Xuml)('n•d Eight huncln•cl and »ixty-four. SF.c. 8. An.\' p<'rson who slull violatl' ti\(' pro1·i,;icms of thi,; ..\c•t. or of an,\' rult' or l'rgulation 1m11l1• and iss1wd h\' tl\(' Col1<•1•to1' of Customs for ti\(' Philippi1w Islands, undt•r ami ll\' n1ithorib· of this Act. s.hall ht' d('(•med guilt;-.· of a misdl'mt'ano;., and npo;1 ('onvirtion shall be punished by impl'isonmrnt for not morC' thnu six months. or by a fin<' of not morC' than on<' huudn•d dollnrs, l"nitt•e\ StatC's enrrcncy, or hy hoth s1wh fi11C' ;11111 imprisonnH•nl at tlw elisl'rl'tion of tlw roul't: l'roridl'd. That viol11tions of law may hC' punislwtl l'itlwr b,\' th<' mrthocl prC's<·rilK'1I in srl'ti<'u s1•\·l'n lwrt'of. 01· by that Jll'C'sl'rilwd in this srdion. or h,\' both. S~:('. !l .•. \]] lightNHJ.fl' and harbor licenses hcretoforl' bs1ml \l\' the t'oll<'<;tor of Customs for the Philippine Islands. and ail rull's promulgall·d hy him relating to tlw issuing of ;;ueh liN•n,;1•,;, 01· n•gulnting- lighteragl' and other C'xe\u;;ivl'ly harhnr b11,;i1m-;s, 111·1· Jwn·h.v ratilit•tl anel conlirmt'd, anti shall contimw in full foree anti e•lfot•t until otherwist' provit\Ptl by law nr 1'1•gub1tion. SF.c. JO. ThC' puhlit' good 1·pq11iring tlw spet>dy N1a(·tnw11t of this bill, tlw passagt• of the same i.-; hen·h,\' e•xpl.'clih-11 iu ~H·t•ordalH'e' with >il'l'tion two of "An Act prl'sl.'rihing the onlt•r of prn('l'1lurr hy tht' Commission in tlw cmwtnwnt of laws," pa,;s1•d Sppt(•111h1·1· twc>nt,\'·sixth. uineteen hundred. REC. 11. T!li,; Aet shall take l'ffN·t on its passag-~" Enal'tl'd. April 2!), 1904. L~o. n:n.] AX ACT . .\l'l'llOl'Rl.\TIXC: Tl-II<: St";\! OF FIYE lll"XDHED THOl.~A:\'D IJOLLAHS, IX :'110:!\EY OF THE l::\'l'l'EI> 8TATE8. FllO)l THE l•TXD OF THREE )LJLLIOX DOL· LARS Al'l'HOl'HL\TEJ> B\ TI-IE cox<:1u;ss OF TllE t:NITED STATES FOH THE RELIEF OF DIXTB.1·:ss IN THE l'l-llJ,Jl'l'IXE ISl,AXJl~. FOR EXPE~D!Tl.RE l'XDER THE DIHEC'TIO:\ OF TllE C'IVIL oov1mxon l·Pox THE HESOIXTIOXS OF 'I'll!<: l'HILll'l'IXE cm/. :'lllSSIOX. lly r111tlwrity of //w l'11ifr<I Nlflltw. lu· ii <'ll<ll'lf'fl 11,11 the /'hilip11i111: Commi.<:.~irm. /hut: SEc'.':':o.:-;: I. 'l'lw sum of fin hundred thousand ilnllars. in mo11e,1· of tlw l7uit<'d Stuif•,;, i,.; hereby nppropriatt•(l, out of the fund of thret' miilio11 dollnl's appropriated by tlw Couµ:n•,;,; of tlw \ 'nitt•d Statps for tlll' rrlit'f of 1li,.;ln•,;s in thl' Philippine bliuHb, fol' 1•xpt•mlit11n• tllltlt'l' tilt' elir<•ction ol tlw C'il'il C:on•rnor for ,;11d1 purpo""" aml in ,;ul'h lll<UUWr a.'< may from time to time he• ;111thoril'.('([ hy n•solutiou,; of tllt' l'hilippi1w Commi,;,;ion :me! iu e•aJ'l',\'iug out tlw iut1•11t of tlw Cong1·1•s,; nf tlw l·nitl'il Stalt• ... in appropriating tlw fnml ufon•sai1I. S~;('. i. Thl' .'<\llH of moul'~· by this Aet appropriat<'1l shall Jx. withdrnwn from tlw lusular 'l'rl'asm)· by n•qnisilions iu favor of .'<\l<'h dblmr,;ill![ 011i1"1·r a,; tlw C'i\'il (:on•rnor mar t\irC'et. in ,;uc•h allotmt'nts a,; ma,\· from tinll' to tim<' be l\('l'rs,;;u·y, ;\lld shall lw ae'l'Ol!llh-el for as pnn·idet\ by law. SEc. :J. Tlw rl'»olutions of tht> l'hilippinr Commi,;sion upon which thP fund,; ill'l'<'in appropriatt'd shall be ex1w.nded shall be printee\ aml published in the regular 111rnrtl'l'ly volumes o_f tlw laws auel n•,;olutions of tlw Commission aud in the Ollieinl Ga1.C'ttc. St:e. 4. Tiu· puhli<· good n•1111iring tlw SJlPCd,\' 1•mH·t11wnt of thi,; bill, the passag1• of tlw samt• is lwrC'by expcdih•d in aceord1rnr1· with .-;ection two of ""..\n . .\ct JH'C'scribing tlw ordl'l' o( JH'Ol'Pthll't' hy tlw Commis . ..,ion in the 1•naetmrnt of law,;." passed Se•pt<'mhl'I' twci1ty-sixth, ninl'lt'<'ll hundred. SEC. 5. This ,\(·t s.hall takl' t•ff<'rt on its p:tssage. Ennetrel. Apl'il :iO. l!l04. I No. ll38.J ..\:'\..\CT TO BRIXG D.BllWl..\TELY i;xmm THE OPERATION lff THE LAXD REc;JHTRATIOX ACT ALL LAND8 LYING \\'ITl-11:\' THE BOC~DARIES I.AWFULLY SET APART l•'OR XA \'AL RERERVATJOXS AND ALL LANDS DESIHED TO BE PCHCHA8ED BY THE GOVERNMENT or Tl-n: UXITEI> STATES FOH X..\VAL PURPOSES. Uy rr11llwl'il!J of llw l'nitrd Sf(l/f'.~. lie ii rnrwlcd by tll<' l'ltUippillr ('om111i.,·.~io11, tlm.t: S~:C"rIOX 1. Thl' 111·0\·isions of .-\<"t 'Xuml>"rPd Rix hnmlrPd nm! t1n·nt,\'·-;1•n•11.' Plltitll'd ·'An Al't lo hriug imnwdiflt.t•l,v nm!(')' tlw 11 omeinl Ga?.ettc, 9'2. OFFICIAL GAZETTE 381 operation of the Land Registration Act all !antis lying within the bournlaric>s lawfully set upurl for military reservations, und all lands dc•:;ired lo be purdmsed by the Government. of the United ;-;tatrs for military purposes," arc hereby 1mule upplicub!C' to all lancls or bnil1linbrs or any intt•rest tlu•rl'in within the Philippine lslurub lying within the hounduril's of the areas now or hereilfter sl'l npurl and declared to be UU\'al reser\"atious: Pro-1;ided however, That. wlwrc-\"l'r the word '·military" appenrs in said Act Numbrred Hix hundred and twenty-seven then• shall ))(' substituted the word ··naval" for the purposes of this Act: And pmvidcd furHia, That \\·hen•\'('I' thr words "Commanding General of the United Stutes . \rmy, Division of the Philippine;;," appear in sai<l :.\ct Numbered Six humln•<l an<l twPnt;\'·Se\·en there shall be substitute<l the words '"Commander in Chi<'f of the Cnited 8tatrs Asiatic FlePt," for the purposes of this .-\ct. St:c. 2. The uwthod of proredure prO\'ided in Act :Numbered Six hundre<l and twent~'·iwnm for i:;ettling the titles to lands within military resern1tio11s. or whi('h arr sought to be purchased for military purpos<>s, is hereby made applicablr to nnval reserYntions and to lands whirh tlw m1rnl authoriti1•>< of tlw Cnited Stat<>s wish to acquire by purchas<' for naval purpos1•s, ownrd by private individuals and not within the boundaries sl't ap1lrt for mH·a\ reser\'ations, and in 1•a><e of pro('cdings in accordance with the pro\"isions of this Act, claims for prirnte lands, buildings. and interests within the limits of n:n-al 1·N;e1Tations not presented to the Court of Land Registration, 11.'• pro,·id('(l in said Act ~umbered Hix hundrerl and twent~'-sPven, shall be fore\·er barred, and the lauds, buildings, and int<'rests therein shnll be dermed to be public and not pri\"ate property, in at•C"ordanC"e with the pro,·isions of said Act Numbered Six hundred and twcntv-;;<'\"1'11. SEC. 3. The public good rt'qniring the speedy t'm1etnwnl of this hill, tilt' passage of tl1t' ,;nnw -is hereby expedited in accordance with ;;prtion two of ;'An Aet prp;;cribing the order of procedure hy tlw Commission in th<' rnactmrnt of lnw;;," passec\ Srptrmlwr t \\"t'nty-sixth, nineteen hundred. SEC. 4. Thi;; Aet shall t.akl' l'fft'C't on its passage. Enactl•d. April :rn. 1904. [No. 1139.] AX ACT SO AMENDING SECTION 8EVENTY-EIGHT OF ACT XU:\lBERED EIGHTY-TWO, ENTITLED "THE :MUXICIPAL CODE," AS TO :MAKE IX UNNECESSARY TO SEARCH FOR THE PERSONAL PROPERTY OF A DELINQCENT TAXPAYER BEFORE PROCEEDING AGAJ::.-;ST HH' REAL ESTATE FOR THE COLLECTIO~ OF TAXES. By authority of the Unit<"d States, be ii e11aC"tcd by the l'hilippi11c Commission, tltat: SF.:L'TION l. 8ection seventy-right of Act Numbered Eighty-two, entitled "The Municipal Cmle," is hereby amended by striking out from the first sentence• thereof the following words: ';In the 1•\"C"llt that the provincial treasurer or his deputy shall b<· unable to find sufficirnt personal propPrty of th<' delinquent out of which to make all the taxPs assessed against him upon his real Pstate, due ('itlw1·•to the municip11lity, the pro\'incial gO\'ernment, or tlw C1•11trnl Go\'t'rnnwnt, or if tlw di'linquent b1• unknown, the pro\'incial trC'astll'l'r or his drpul,\' shall," and inserting in lieu therpof tlw following words: ''In addition to tlw procedure pre,;1•1·ibed in section st•vent,v-livt', tlw provinrial hriHHll"er or his dl')JUt,\" may," so that snid sentc11Ct' slrnll rrad as follows: "In ad1lition to lh<' procedure prescribed in sretion sc\'enty-five. tlie pro\"ineial trt'11s11rPr or his deputy may. upon t.he warrnnt of thr certified record rcquirl'd in seetion :<P\"t'nty·fh•e, within twenty da~·s aft('!' dc•linquPnt·y, 1ulvPrtis<' tlw heal t'statr of t-lw dPlinquent. for sale. or !'.O mm·h tlwn•of 11s ma~' he nt'{'('ssary to sntisfy all public taxes upon said property as above and costs of sale, for a period of thirty days." HE<.'. 2. This :\d shall hi' retroactive so for as to apply to all laX('S hen•toforl' asscssPd hut not collected. 8E<'. :t The public good l'PtJlliring the spC"edy enactmrnt of this bill, the passagt• of tlw sanlt' is h(~reby cxp1•(lit<!d in accord111H'l' with S('<·tion two of ··An Act pres('ribing thC" order of pro<'1•1lm·<' by tlw Commission in the emu-tnwnt of laws." passed S(•pk111lwr t\n-nty-sixth, ni1wtPt'n hun(\rcd. ~H'. 4. This At't shall tak<' Pff P('t on its p11ssag1•. Ena(•h•1I, .\la,\" ~. 1!104 . [No. 1140.] ..\X .--\l'T iuxn;JATlNG APPOINTMENT TO THE POSITION 01•' 8ECRETARY Ol•' THE ADVISORY BOARD OF MA.:-.lJLA. AME:\DJKG SECTION SIXTY-FIVE OF ACT . XlJMBERED ONE HUNDRED AND EIGHTY-THREE. /1y 1111tlturily of the U11ited Stales, be it e1u1cted by the Philippine Commission, that: SECTION I. Hereafter a \"acaney occurring in the position of s<'cretary of the Advisory llourd of the city of Manila shall be filled by appointment of the. president of the Advisory Board, by and with the con~nt of lhe Ad\·isory lloard, and in accordance with d\'il scrvicC" rnles and regulations. A member of the Ad"isory .Board shnll not he eligible to appointment as secretary of the Board. SEC. 2. The action of the Ad,·isory Board in appointing a sccretal',\' not a member of the Board is confirmed. SEC. 3. All parts of ,.;e<·tion sixty-fi,·e of Act Numbered One hundred and eighty-thrPe 01· of other Acts in conflict with th<' provisions of this Act are hereby repealed. SEC. 4. The publie good requiring lhe speedy enactment of this bill, the passag1· of the same is hereby expedited in accordance with section two of "An Act prescribing the order of pl'Ot'edurc by ti\(' Commission in the enactment of laws," passed 8eptember twenty-sixth, nineteen hundred. Si;;c. 5. This Act ishall takP l'ffcct on its passage. l•~nactPd. May 3, 1904. [No. II41.] AX .ACT • .\MENDING SECTIONS THIRTY-THREE AND 8lXTY-O:SE 01•' ACT NCMBERED ONE HUNDRED AND EIGHTY-THREE, ENTJTLED "AN ACT TO INCORPORATE THE CITY OF" MANILA." lly m1tlwrity of the United Stales, be it enacted by Ille Pltilippi11c Commission, that: S.i-:cTIOX I. Section thirty-three of Act Numbered One hundred and eighty-three, entitled "An Act to incorporate the city of M11nil11," is hereby 11mended by striking out of said section the clause "shall inspect and seal weights and measures, enforce the kreping and use of proper weights and measures by \"endors and \'cndecs. and rcgulatP the inspection, weiglii~g. und measuring of brick, coal, lumber. and other artielcs of merchandise, in :H·cordance with law and ordinances;" and by striking then•from the words "and shall (·ollrct water rents as fixed by law or ordinance." SEC. 2. Section sixty-onC" of said Act is hereby amended by adding thereto, after the Jirst !-lentencc thereof, the following: "He shall collect all water rents as fixed by law or ordinance; all miseeHan('ous charges m;ul<> b:;· thP Dcpartrnl'nt of Engineeriug and Public Works; and all ehurgcs made by the city •'11;,t"ill{'('r for inspC"<•tion, pt'n11i\s. li<·cn,;(•s, ;111d th<' installation, 382 OFFICIAL GAZETTE maintenunc<'. and scrvic<>s ren<lel'rd in the operation of the so· <·nll<'d 'pail s_rstC'lll.' I-Jr :<hull insprct and sen\ weights and m1•n,.;urrs. 1•11forel' tht• kt•t•ping am! us<' of proper weights and 1n1•a,,111'<'s ll\' n!rnlors and \"rndt•I':<, nnd rl'gulntt• th<' inspection, \\"l'ighing. ;rnd nwasuring of brick eoal. lumiJf'r, and otlwr artieh•s of merehandis<'. and shall collect all chnrges for sueh in,.,1wctio11 Ull(! regulation. in aC"c·orda1wC' with law and ordinnnces." ~Ee. :l. Tlw public- good rl'quiring th<> spc>edy ennctnwnt of thi,.; bill, tlw pa,.;,,ag<' of thl' same> i,; hereby <>Xpl'ditcd in uccordntu·t• with section two of ''An A.et prc!:icrihing tlw ordf'r of pro('l'thll"e by tlw Commission in tlH• cnuctnwnl of laws." pn:<-~c>d Ht>pt<>mber tw<>nty-sixth. ninetN•n lnnHll'ed. Ht:c. 4. This Act shall t;1kC' ('t\'l'd- on its pnssag'<'. EnadC'1I. '.\lay :1. 1!104. [Xo. 114:l.] AN . .\CT TO INCHEASE THE SALARY OF Tll}o} SECHF.'L.\lff· TllEASCllEll OF THJ<~ PROVINCE OF XIJEVA VIZCAYA. XMEXDIKG ACT XC'.\IUEHED TllHEE 1-lt:XDJ-O<:D AXD Tlllll'l'Y·SEVEN, EXTITLIW "Ai\ ..\CT l'HOYIDIXU J<'OH THE OJW..\NIZATIOX OF .:\ PROVIXCIAL GO\"l•:RX· MEXT IX THE PROYIXCE OF Nt'l<.:L\ \"IZC..\Y.\." Co111111is.~io-11-. 11wt: s~:l'TIO:"\ I. 8ubs('(•tion (h) of sr<·tion two of .:\C'l XumbrrC'll Tlnt•c hundri>d and thirly-s<'n•n is ht•r('by amt•mlt•d hy strikinµout tht• wor1.ls ••one thonsuml two hundrrd dollurs pt•r yt•ur" nml substituting in tllC'ii' stend tlw wonls ··on<' thousand liY<' hundred 1lolhns p<'r annum," so tlrnt tlw sai1I subsrdion (h) slrnll 1·rud a:> follows: ··th) _.\ pro\'iueial s(•t·n•tar,\'·lrt•asun•r, ul a sal;1ry of one thous;tml li\·1· hum\!'('cl llollars pt•r annnm.''. SEC. z. Th(• pnhlie good !'('quiring tlw spPrdy rnnetnwnt of this bill. llw passagr of tlw samC' is ]\t'r('by C'XpC'(!it1•d in ac·(·orda11(·1· with srt'tion two of ··An ..\('t prC's('rihinl! th(• ordl'!' of p1·01«•tlt1rl' hy tlw (_'ommission in thC' t•na1·t1111'lll nf laws." passPd Rt>pt(•!llh<'r twt>llt\'-sixth. ninetrt>ll hnnclre1I. SEC .. :t ThC' pro\'isions of this .-\1·t shall hr rrtroadiw and rffrt·ti\·1· as of Jannnry lirst. ninrti•(•n hnmlrl'41 nnd four. Enadrd. '.\lay :1, l!l04. ['.'\o. I 14:l.] .\\' ..\CT EXTEXDI'.'\<: TllE TDIE FOH TllE P . .\Y'.\IEXT OF THE L..\'.'\D TAX I:\ TI-IE l'llOVIXl'E OF LA L..\GC\..\ FOil THE YEAH '.'\IXETEEX lll'XDRED A!\D FOU{ l'XTIL ~<ffE'.\IBEH 1-'IHKT. '.'\l'.'\ETEE'.'\ Hl"XDHED :\'.'\D FOl"R. Uy outhori(y of t}w / '11ilr'd Nlo/1".\". /11' ii cna<'lnl by Ilic l'liilip71i1w <'0111 m is.~io11. that: St:l'TIOX I. Tlw IM'riod for tlw pa,\'nwnt. \\·ithout penalty. of tlw lam! tax for tlw ~'C'ar ninrtPl'n lnmc\J'l't\ am! four in tlw Pro\'inc•(' of J,a 1-al!Ulla. j,.; lw1'('h~· l'Xt<'lllil'd to '.'\m·pm\wr !irsl. 11i1wtC'C'll h11111\n•1\ ancl four. an,\'thinl! in pn•\'inus .-\<•t'< tn tlw enntrar.'· notwith· ..;\ancling. ~t:l'. i. Tlw pnb\it• goo<! rt•qniring thP sprrd,\' t'll!leimrnt of this hill. tlw 11:1,.;SU:,!(' of tlw sa1111• is ht•l't'h~· l'X]ll'dilt•cl in al'('Ol'dnnt'P with ,.;rdion two of "..\11 ..\('t pn•st'rihinl! tlw onlrr of prnct'clun• h\' tlw Commission in t.hr t'lllll'tmrnl of laws." p11ssed Rl'ptrmlwr I ~,·,•nt,\··sixth. ninetr1•11 hundrrd. ~t;t·. 3. This ..\('t shall tak<' rffrd on it,; pa,;sagC'. Ennd1•d. '.\la~· 3. I !104. [Xo. 1144.] ..\:\" ..\CT Al"THOHIZJXC; THE PAY'.\IEXT OF l·~XTIU .. CO'.\!· l'EX8ATIO:\" TO ME~lnEll8 OF TllE 1'!-llLIPl'l\'E 8COl"f8 .. -\XD THE ('ONRTABt.LARY DETAILED FOR SPECIAL JHiTY IN CO:i\~ECTIO:\" \\TJ'H TI-IE EHECTIOX OF BA~IBOO AXD NIPA llt:ILDIXGS. AXJJ FOR OTHEll PUHPORE8, AT THE I..Ot'I8IAXA l'l'HCJ-IA8E EXPORI· TIOX ..\T RT. 1..0()18, '.\llSHOl'Jll. U.11 rwllwrity of llw F11ill'd N/1111'8. b1' ii 1·11ac/('(/ liy /Ju• l'/tilip1Ji1w <'ommis:<1io11, tlwl: 8Ec.:TIO.X I. "Tht' paymrnt of a p('r dil'm allomrnc<' of fifty C'1•11t..;. t:nit<>d Rtat('s l'\llT(•tiey. in ad<lition to regular 1·01111wusHtio11, lo m1·mbt•rs of tlw l'hilippinr Rrouts and tilt' ('onstllhular,\· d1·taill'cl al tl11' rl'<}lll'st of thC' Clmirnurn of tllC' J•;xposition Boan\ for spr('inl dut~· in l'Olll\Pction with tllC' l'rl'ctiou of bamboo and nip;! buildings, nml for other purpmws. at tht' Lonisian;\ l'urrhasl' Exposition nt Hnint Louis. l•rfi,;souri, is h1•J'C'h,v anthorbt.(•d, thC' same to be pnid out of appropriations 111ad1' for Saint. Louis Exposition Board. tlw 1n·m·isions of Ad Xumb('l'('(( 01w hmHln•d aml fort.y·right to tit<' f•ontrary notwithstn11<\ing. · R~:c. 2. Tiw publir :,!OO<\ l'l'IJlliring tlw spred~· ('llal't.n)('nl of this hill. lhl' passngc> of th(' sanw is lwl'l'h~' PXpl'ditt•tl in at"eonh11H'(' with Sl'('tion two of " . .\11 A<'t prrsrrihi11g tlw nnl1•r of prot•r1h11·1• by tlw Commis,;ion in tlll' enuetmrnt of ln\\·s," pnssrd R<>ptl'mlwr twt'Tlt~··sixth, ninl'tel'll hnudrrd. ' R~:c. 3. This .--\t't shnll tnkr l'fft't't on its pnssagP. EmwtC'li. 1111~' :1. I !104. [Xo. l 14ii.] A'.'\ ACT PHOVIDIXn l<'Oll TIIE 1•:8'1'ABLIRl-IMl~NT OF LOCAL ('J\'IL CH)\'ERX'.\IE!\TR FOH 'l'IIE ~OX·t'HRJSTI..\:\' THJBES !'.'\ TllE l'IWYIXCE OF T..\Y.--\B.--\8. /l.11 oulhol'ily of Iii(' l'11il<'d :-I/al<""· lw ii <·11111~/('d 11.11 Ille l'ltilippi1w ('u111111i.~.~io11, that: S~:t"l'IOX I. \\·lwn'as tlw non-Christian lrilws in tlu• l'ro\'illt'I' of Ta~·alms lmn• not progrpssC'<l sullki<'ntly in C"i\·ilizat.ion to makr it prnetieahlt· to hrinl! them urnler any form of nmnicipal gm·1·rnmrnt. thr J>l'O\'incial go,·r1·nor is anthorizC'1\, subjrd to the apprornl of tht' Sreretai·y of th<' Jnt<'rior, in dealing with tlH•s1• nonl'hristian tribrs to appoint otliet>l's from ;1111011g tlwm. to fix tlwir dPsil!nation and had:,!('S nf o!lil'P. a111I to pn>.-;erih(' tlwir powNs aml <lnties: Proridf'd. That tlw powrrs and cluti<'s thus presC'rilX'1l shall nol be in C'Xt'rss of thosl' confont•d upon township ol!iC'rrs hy ..\('t Xumlwn•d TJ11·pe hmHlrl'd and t•ighty·s(•wn, 1•11titlrcl "An Aet pro\'iding for tlw estnhlishnwnt of local civil gowrnmt'nt in the townships and srttlC'nwnts of Xuent Vizcaya." ~~:('. Z. 1-\nhjl'et to tlw 11ppro\'11l of the SC'C'rt•tnl',Y of the lntNior. tlw provi1wial l!O\'t•rnor j,. furtlH'r authori;wd, wh<'ll hr drrms "ueh a cours<' 1wcessnry in thr intC'rrst of law and order, to dil'et't lllC'lllhC'rs of suC"h tribe's to tnk1• up thl'ir habitations on sitC's on unoceupit'd public· Jami to hr sC'IC'C'tC'd by him and approved by tht• p1·m·in(•ial ho11rcl. '.\IC'mbNs of s1wh tribes who rl'fusr to t·ompl~· with s11C'h ,\irPl'tions shall, upon <•011\·i1·tion, h1• impl'isnnNI for ll pPriocl not t'Xt'PC'dinl! sixt~· days. ~Et'. 3. ThP eonstirnt nim of thC' µ-m·('rnor shall hr to aid till' non·C'lu·i,;forn trilw."- of his prm·inr1• to acqnir<' th<' knowlNlgr nml <'Xp<'ri<'ll('I' nC'C"C';;sar,\· for s11f't•1•ssfnl loC'al populnr go,·r1·n· mC'nt. arnl his supC'n·ision and control m·rr tl\C'm shall hr f'Xl'rt'isrd to this <'ml. anti to thr rrnl tl1at law and onl<'r nnd individnal frprt\nm shall lw maintninrd. ~Et'. 4. \YllC'n in tlw opinion of thr provi1lC'inl bonrd of Tnyahns. aml nf thr Rl'crC'tnry of thl' lnt<'fior. an~' sC'ttlC'mt'nt of non· ('hri,;tinn tribes lms udvnnrC'd snflicirntl,\• to nmkC' ,;nC'h a <'oursr pnlC'tit'fibll', it ma~· be organizrd. nmlrr thr proYisions of SC'f'tions OFFICIAL GAZETTE 383 --------------------------------~-----~------mw to ,;ixty-,;en>n, inclusin•, of Act Kumhcrrd Thrcl' hundred and eighty-:<cven, a,; a town:<hip. and the geographical limits of snC"h town,;hip slmll be fixC'd b~' t.he prO\•incial board. :-;~;('. ii. Th<' public good rr(p1iring the spee>dy enactmrnl of thi" hill. th1· pnssagl' of tlw >illllll' is h<"rrh:• exprditl'd in ncC'ol'danct• with :<1•dion two of "An Act prc:<crihing the order of pror1~clnr1• h,,. th .. ('ommis,.ion in Uw cnaetnwnt of lnws," pas>icd Hcptcmbcr t wt•nt,\·-;;ixth. ninetcl'll hundl'('(\. :-:u·. !i. This A.et ,;hall take elfc<'l on its passage. En:tdl•d, ).1a~1 3, I !J04. [~o. ll4H.] .-\X _.\(''J' .\PPl-l.OPBL\Tl:-.;'I: TI-IE HC:\I Ol•' O!\E TII<Jl'HAXD Xl:\E I-ll'.XDimD AXD l<'l\'E Pl•::-m:-; AXD Fll<'TY-8lX C'EXT..\VOI", PHILIPPINE ('URRK~WY. !<'OR THE PAY:\IE'S'T OF TI-m HAL.-\RY <W THI~ ACTIXG .JUDGE OF Tim i\fl'.:\J('Jl'AL COl:R'r 01<' THJ<-; l'ITY ()}<' MANIL.-\ FOH THE PEHlOD FROM JIARCH TWENTY-l•'OlTRTH TO .Tl'NE THIRTIETH. XI~ETJmX Ill'NDirnn . .\XD I<'OUR. H!! aullrorily of the United Stales, be ii enacted by lhc l'hilippi11c Com 111 issio11, that: Si:cno:-; I. There is herC'b,\• appropriatNI, out of an:'>' funds iu th1' lmmlar Treasur:•• not oth<'rwbc appropriatNL tlw sum of one tho11,.;aml nine ln111111'1'd nnd fin 1wso,.; and fif(\'·six Cl•nlnvos, Philippi1w ('\llTl'ncy, for thC' payml'nt of tlw snlar,\' of tlw acting- jmlw· of tlw mnnil'ipal court of th(' l'ity of )fanila, at tlw rnfr nf s('\'<'ll thousand p('sos 1wr annum for the pniod from )Jareh bn·ntyfourth to .J.une thirtieth, ninet('('n hundrl'd and four. 8Ec. 2. The public g-ood requiring- the spC'Cdy l'nac•tnwnt of this hill, th<' passage of the same is hereb:'>' l'xpellitl'd in acconlanee with s<'dion two of " . .\.n .-\ct prl'scribing- the order of procedure h:o.· tlw Commission in th.;- <'mtctment of laws," passed &>pt<'mber tw<'nt,\•-,.;ixth. ninf'ti>en hundred. SEc. 3. Thi>< Act shall take effect on it.; pnssage. Ena('ted, May :J, 1!)04. RESOI~UTIONS OF THE PHILIPPINE COMMISSION. /;'.rln1c/ from minutes of vrocecdin!JS, .-lpril 27. l!JO.~. /k ii /'(',•mired, That the Ci\'il C:owrnor is hereby authorize1l lo t•x1wml from the appropriation of fi\·e hundred thousand dollars made by .·\C"t ~umbf'red One thousaml forty ><ix from tlw ( '011grl'ssio1111l l'C'lief fund the ><um of sev<'n thousand fiw hundred dollars. in mon<'y of th<' Uniil·d Htates, to be used in completing tlw eon.'>truction of the l\Ialolos-Hagonoy road, in the Prm·ince of Bulacan. /;'a:trae/ from minutes of prot'Ccdings, April 2R, 190-~. Rt'soli:rd, That tlw ('i\'il C:o\'1•rnor be and he is lwn•hy authorizC'd to C'Xpend from thl' appropriation made h:o.· .-\et Xumbered OnC' thousand and fort.v-six from tlw Congr1•;,,.;ional reli<'f fund the sum of fin• lmndred Philippim• pesos to mei>t all nceC>ssar:o.· expenses incicl1•11t to immunization. herding, and cal'<' nf Go\"ernnwnt carnhaos sl'nt to Occic\C'ntal ~egros. /·,'.rfrnr:f.<; fro/II mi111tles of pron•edinys, April .Jf!. J.f)O.~. Uesolrr'd. That in the opinion of the Commission a proper and suitahl(' 11am1• for tlw Oriente Hot<'! lmilding rc>CPllti,Y pur('hasc>d by llw ln,.;ular Oo\'c•rnm1•11t would lw "Orienk Buillling-,'' and that the Cliic>f of the Bur('au of Architecture and Coustruction of Public Buildings should place such name thereon. He it rc.~ol1;ed, That the Civil Uo\'ernor is hereby authorized to 1•xpcnd from the fund of fi.,.e hundred thom;and dollars appropriated by c\ct Numhl'red One thousand one hundred and thirtr·sc\"cn from the Congressional relil'f fund the sum of two hmulred nml fift:o.· thou.'l<llld dollars, in monC'y of the United 8tai.cs, to be used in continuing the work of construction upon the road from Pozorl'llbio, Pimgasinan, to Baguio, Benguet. /k it 1·csolved, That the Civil Go\'crnor is hereby 11uthol'izcd to l'xpencl from the fund of fi\'e hundred thousand dollars appl'Oprial<'cl by Act Numbel'ed One thousand one hundred and thirty-sc>V<'ll from the Congressional l'elief fund the i-inm of three thousand live hundred dollars, in money of the United 8tates, for impro\"1'111<'11ts at Baguio, Henguet. including the complt>tion of map and studil's for strret system, the marking oul of strel'ts, the making of plans for water works, sewers, and 11 drninage s,vstcm, and work on a wagon road to Trinidad aml the de\'l'lop· lll<'nt of irrigation of tlw Trinidad \'alley. DECISIONS OF TH:tJ SUPREME COURT. [No. 1:167. January 4, 1904.] Tf//;' i'.\'J'/'J;'l> H1'A'/'HH, complrti11a11t and appdlcc, r:s. P .. tCIPICU OU:\lZA<IA, defc11da11t and appclfont. Clll)llSAJ, LAW; U!!Ulll'ATIO:cl ot• .ll'lllCIAJ. POWEJt.-A municipal president who tnkes cogni?~rnrc or a criminal charge agttinst a justice of the pence for mttlfensance in office under the belier, entertained in good raith, that it is his duty to do so, is not guilty of the offense of usurplltion of judicial outhority. .\PPEAL from n judgment of the Court of First Instance of ihc Province of Cebu. The fa<:t.s app1!nr in the opinion of the court.. T<rnAS LonAn:s, for nppelhrnt. 8olicitor-General AltANE1'A, for appellec. TORIU:S, J.: On October ::!I, WO::!, the pro\·incfal fiscal of Cebu filed an information in th<' Court of First In.stance charging Pacifico Gonzaga with having, in thl' month of .July of that y<'ar and while acting as president of the municipality of Honda, Cebu Provinee, committ('(J the crime of usurpation of judicial power. It was alleged in the informntion thnt there wa:-; in the town at the time referre1l lo a justice of the p<'acc named Ruperto Gimarino and an auxiliary justi('e num('d Snh'udor Veloso; that both had been duly appoint<'d and were clothed with the necessary authority to dischal'ge the dutirs of their re:-;pccti\'e offices whene\'cr called upon; that between the 21st and the 25th of July, HlOi, a woman named Rafaela ~frl'(•ado appear<>d before Gonzaga, who was in the town hall of Ronda, us the president of the munieialpity and charged the said justiee of the peace, Gimarino, with the crime of malfeas· a nee; that President Gonzaga, who had long been an enemy of rnmarino illegally, willfully, am! nmliciously admitted tl1c complnint )Jl'l's<'nted by the woman Mercado, acted upon it, Jwld a preliminary in\'C'stigution, took the testimony of the prosecutrix ~111d her witn1'ss(•s, and ordered thr arrest of Uinmrino. <'Ontrary to tlll' statute in the ('Ilse madt>- and pro\'ided. Thi' ac('l\scd, ha\'ing been arrnignt>-d upon th1• information, pl1>aded not guilty. Tlw C"nse snhsl'qnently camr on for trial, ('\'idence was taken. nnd upon the proof so addu('ed. the judge 1•11tcred a d<'cision on F<'hnrnry 24. Hl03, eondrmning the defendant.. Gonzaga, to the> p1•nalty of three yc>ars of suspension from ollice and to the paynu•nt of thr C"osts. Against thb jndg-nwnt till-' clt•frndanl appral('(I. .\ jnclg-c· who assunws authority )'('!'tuining to the cxecnti\"r officials or imJ)(>de,.; tlwm in tlw lawful ext'rcise of their powers is punishable by .;us1_icnsion. 384 OFFICIAL GAZETTE The same penulty is inc;mrred by any cXPCUtive officer who i1>1~t1111e)I judicial power or prcl'l'nts the execution of an order or 1lcl'ision rendered b~· 11 competrnt judge. (Art. 374 of the Penal Code.) The penalty fo1· thiis offense iii from one month and one d11y to )!ix ''l'Urs of su~pension from public otnce. from the l"ight of snf· fri1g~. from q1mlific11tion for electh·e office, and from the exercise of 11 profession or trade. (Arts. 25 and 96 of the Penal Code.) The proof in thh1 case establishes the fnct that the defendant, ns municipal president of Ronda, by vfrtuc of the complaint lilt>d bl· )Iicaeln Bucog, the mother-in-law of the complaining witnrs~. Rafaela l\l<>rC"ado, proceeded to ·try Ruperto Gimarino, the justice of the peace of said town, for the crime of malfeasance in office, the said justice of the peace having been held under :ll'l°t'St for Sl'\'ernl hours in the municipal building aml the charge bring that he h1ul failf'd to act uJ>on a complaint fl.led by the said woml'n and neglf'ctf'd to mnke invcsti~tion concerning certain ill lrrntmenl nnd abuse of the prosecutrix and her husband by two l'om1t11b11lan· soldiers. It i~ ahm. an rstablishNI. fal't that when a df'mand was mude upon th<" dcf<'ndant b~· thf' auxiliary justice of the peace for the 1 !elh·rn· to the lattf'r of the records of the pn"liminaQ' im·ei;itigntio~ conf'erning the charge of nmlfcnsunee brougl1t against Oimarino. although nt first the df'fendant nllrg<>d that lie had juris1li<'tion over !mch proeerdings, he fim1lly acecdrd to the dl."mand nnd forwnrdf'd the !-laid record to the auxilinr~· jm1tice. Roth the Municipal Code and Act No. 194 invest the munieipnl iu·esidl'nts with judicial nuthorit~· in eriminal cnse11 in the absence of thl' justil'<" of thf' )M'al.'f! or hi!'; anxilin1-r. or when these two officerN are absent or disqualified from acting in an~· particular <'llSe. · From thl' mmv fact that tll(' muniripal pre11idrnt. upon the dl'lmmd of thr auxiliar~· ju11ticr. discontinued the pro!'lreution he hud l'Ommr!U'<'ll ngninst Gimarino for malfeasance, wr conclude that in this rnsr thl' drff'ndant did not net in bnd faith and with 1 m11i('(", hut mr1'f'I~· exe('('(led hi" authorit~·· Although th<' justice of the praro and his auxiliar~· ure absolutrly without cxrcutive 1mthorit~·. thr munil'ipnl p1°t'sidrnt on thr othrr hnnd is ituthoriz.cd ])\' thr lnw l'itrd to mnkl' in certain cnSl'!I. like thosl' nbo\-c mf'n· tion<'d. an ill\·ei.tigntion ron('('rning l'riminal nets, and to take .itP)l!ll for thrir pnniid1me11t. Thi11 being 110, it is to he pl't"sumrd thnt thr defenclant IX!licwll in good faith in view of th<> romplnint pl't"St>lltl'd by thr pro!ll'Cutrix that it w1u1 his dnt~· to eom]nct thl' pro!llN'ution ngainst thr justiee of the prn('(' for maUt>11sanC'I' upon thr ground that thf' IRttt>r Imel rrfu!lled to administrr jnl'lti<'<" and nm1Pr thr hrlif'f that thf' ;n1xiliaQ· ju!lltiC<> lmd :\]so rrfll!ll'd to tnkf' an~· action upon the eomplaint of th<" prosrcutrix, Mercado. For thl" )'("asons statrd we are of the opinion that the jndgmrnt of the court below illhonlcl be rrverspd and the defl'ndant di!llmis!INI witl1 thP. co!llb de oficio. Art>lhmo. C .• T .• 11nd CoopPr. \\'i111ml, !'lfnpa. ?ifoDonqugh, nml ,Johnson, ,J,J .. concur. J11df1111cnt reversed. (So.12!1X. .Taonnry 14,191).1.j TffF. flNTTFJn RTATRR, complainant rmd nppdlf'r.. ""· .TTTA.V RTNGUHIUTO. def"7tdnnt ""d n.ppr.llnnt. rmmNAI. J.Aw: Y-ST.o.t'A.-Ooe who hn,•iog re<"eivcd mc"'handiMe for 11Rll' on c°Olflm\:osioo foil~ to acconnt therefor or dcoil'!I haviOJt" receh•cd it Is gnllty of thecrlmeoft'tlfa/a. :!>lllTIOS FOR A NF:W TRIAi.: CRDfIS,\I. PRO<'F.Dl'RF:: SF:Wl.Y T>TSl'<n'F:Rtm E\"IJ>F:srz: :O:t:w THIAJ .. -Ao appllu.tlon for a oew trial on the ground of newh· di!ICO\"cred C\·ldeoc'e. ~upportffi by the affid11vit11 of the propo11cd w!tnCiAAes to the clTCt't that they {'RO controvert thl'" tl"!ltimooy of the principal wltoc:os for the prosecution.and by an affidavit of the drf<'nclnot that he wn1 imRble to produce the tC'Stlmony olTcrcd at the trial. I~ sunleicnt to 1rnthorize the granting of the relief l!OUght. -----------~-~----~ --Per ,Joll'1SON, ,/,, dissenting: ID.; ID.-'fo justify the granting of a new trial on the ground of newlydlrsco\·ered evidence the moving pnty must show the dillcover)' of new evidence, not merely cumulative, and that it was impossjble to present such evidence at the trial, even b)· U1e exercise of the highest degree or diligence. APP.K.\L from a judgment of the Court of First Instance of llutangns. The fuels ue stated in the opinion of the court. D•:L PAN &. ORTIClAS, for appellant. 8olicitor·GCnel'nl AllANETA, for a.ppellec. TORRES, J,; On the ith of :\farch of this year a. complaint was filed by the pro\·ineinl fh1c11l in the Coul't of First Instance of Ba.tangas, d1argi11g the drfondnnt, Juan Singuimuto, with the oft'ensc of <•stafa. 'fhe complaint stated that Singuimuto had received in lhl' town of Hatnngns. capital of the·province of the same name, :100 imckl'; of ri<'e from Lieut. William H. Bell, while the latter wns the commissnr.\' otticcr of the L'nited States military dct11ehllll'lll stationed at that place, and that it was _his duty to buy, sell, imd distribute the Government supplies in said province. These sucks the defendant had obtained by means of two orders issued in favor of the defendant by Lieutenant Bell. One of these orders wns for 100 1ml'ks of rice, the Yalue whereof amounted to $525, :\[<'xieun. at ·the rate of $5.25, Mexican, per sack, and was issul'<I on or about the 16th day of July, 1902. The other order, for 200 sneks, valued at $1,050. Mexican, at $5.25, Mexican, for each sack, was issued on or about the 13th day of October, 1902. The accused received tl1ese 300 sacks of rice for sale on com· mission 11.nd was to deliver their value to Lieut. William H. Bell, through the muOicipal president, Jose Villanueva. Singuimuto not only- failed to make delivery of the proceeds of the snle hut dcnit>d e\•er having receh·ed the :mo imcks of rice, all of which w1ui in violntion of the Jaw. Thr focbl nllf'ged are fu1ly proven by oral as well as by circum· :-1tnntinl <'\'idl."ncc. The offe11sc committed is that of csta{a, under ~o. 3 of lll'etion 534 and No. 5 of section 535 of the Penal Code, ina<imuch as the defondant appropriatc<l to himself, to the prejudil'I' of the Go\•ernment, 300 sacks of rice which had been deliv1•1°t'd to him for sal<' on commission and subsequently denied thnt hl' had !"f'eei\'ed. it. There was, furthl'rmore, no proof that he had paicl the Govrrnment the nine of the rice. Although th<" a<'cused pleade11 not guilt~·. thr. record contains imflicicnt f'videnC!C to fully ronvince the mind as to his guilt of the otrenS(' 11f,.11infn. Thr two orders il'lsucd and 11iwie<1 by JJieutenant Bell. one ad· 1h'f'S!l!Pd to Sergeant Stringnits on thf! 16th of July, 1902, dirrl'ting him to dl'lh-l'r to the defendant. Singuimuto, 100 sacks of ril'r. and till' i<reontl. 1uldrf'MNI to .fam<"s C'. "1.'hite. on thr 13th of Octobrr of thP same year. directing the delivery to Singui· ruuto of 200 im<'ks of rice. both of which orders were duly enterrd in tht> lirutrnant's books. established tl1e facb charged against ll1f' aC'l'nsPd. Although Sergeant Stringnits did not testify in tht> <·asr. hr having retnrne<I to the United State!'!. James C. \\'llitt>. thf' cmployff. who after the departure of Stringnits was in <'harw of the Govf!rnment's rice warehouse, tcstifted to having dl'li\'t>red. about thf' middfo of OctobPr. 1902. 200 sacks of rice to bal1rlo .Jnvif'r, " repr('!lt>nfative or agent of Juan Singuimuto. h~· ,·irtne of thr order issuf'd in the lattf'r's fa\•or by Lieut. William H. Ilf'll. Thi!'! witnrss identifi<'d th<' ordf!r. which is shown on folio 21 of the record. On it appl"ars a note written by him to the f'ffl"ct that the 200 sacks of ricr had been taken from two dh·isions of the warf'house, and that lie delivered the rice to TsnhPlo .J1n·ier a!'! agrnt of Singnhnnto. \Vhom he had never seen in th<' warehouse, which is loeated on the beach. \Vhite also stated that Javier was alwnYs the one who presented the orders OFFICIAL GAZETTE 385 - - - - - - - - - -------------------for the clrlin'ry of rice, an<;l that he knew Singuimuto by sight as one of th<' c.lrawcrs and sellers of the rice, because he had seen him in his store. Lieut. William H. Bell testified that he had issued the two orders in qupstion for the delivery of the rice to Juan Singuimuto, which was n•ccived by the latter or by his 'agent, Isabelo Javier, nnd that although the defendant had profited thereby he not only failed to pay the ''alnc of the rice but denied having received it. Lieutenant Bell further stated that the two orders were returned to him by the warehouse keeper after the rice had been issued, and \Vere entered by him in his books; that Singuimuto had been appointed n s<>ller of Government rice under a $300 bond; that it had h<'<'ll agrC>rd bctW('l'n the witnrss and the defendant, Singuinmto. that the latter should pay $3.25, 'Mexican. for each sack, which he might dispose of for 6 pesos, the dilTeren('C between the two prices being the commission duP the seller, and that it had further breu agreed that the proceeds of the rice so sold were t.o be dclfrercd to the municipal president, who, in his turn, should turn it over to t.hl' \\·itness; that Singuimuto had never made delivc-ry of any amount to the president, so that in the latter's books Singuimuto's indebtedness for this rice appears unpaid; that upon comparing the president's books with the witness's, it hcing obscn·cd that the defendant had not paid for the 100 sacks of rice taken on Julr 16 and th<> 200 saeks withdrnwn on the 13th of October. pa:o'mcnt therefor was drmandrd. 11nd that tl1e defendant, Singuimuto, deniC'd ha,·ing l"C'C<'ind the dee. The witness also stated that Singuimuto clid not sp<'ak Spanish. and that transactions bC'tW<'cn himself and the defendant \Vere carried on through lsabrlo Javier. who aeeompanied 8inguimuto. when the latter made r<'11uisition for ricr. and that ac<'ording to the instructions given all on'lers or chits issu£>d for the deli\•cry of rice were to he pr<'s<'ntrd to thr prrsidrnt for notation by him. a rule which Singuirnnto failrd to ('Omply with. The prl'sident. ,Jose Villam\C'n1. r-onohora1.cd the abo\'c testimony. stating that Singnimnto wns a st>llc>r of Government riee, and like othl'rs. was in the habit of taking it on rredit; that the understanding was that the ordrrs on the strength of which the rice was issued wrrc to he prPsrnted to the pr<'sident; that the 1lefendant did not eompl:o' with this rule in th<> case of the two orders refened to, but went directly -to withdraw the rice, so that no entry of the orders had hecn made in the president's hooks. Isabelo JaviPr testifil'd that. a>< a frirnd of Ringuimuto, hr had once introduced t!IC' drfl'ndant to Lirnt<>rnrnt Ill'll. asking him to _gfre the dpfendant ordrrs for the dr\iVl'I',\' of rice, and that he acted as int<'Tpreter hrtw('('n th<' two in the conversation which ensued; that on October 14 h<'. in <'Ompany with Gregorio l\frndoza, a son-in-law of the defendant, had withdrawn in the name of Singuimuto 100 sacks and on the 15th 200 sacks of rice, which was receiv<'d and paid for by Singuimuto. This witness. however, denied having tak<'n any ricC' on the 13th of Octobn. and did not rreognizr thr- two ahovt>·mentioned onlers. Upon being again put on th<' stand, he in part r<'tra<'tcd his first statt>m<'nt. statinJ!' that on the occasions wl1rn h<> had ohtained orders in tlw name of Singnimuto from Lirutrnant Bell. such as those of .Jul:.' 16 and Or-tohr-r 30, 1902, he alwa;ol's went in company with Gregorio :Mendoza, a son-in-law of Singuimuto. who asked that he be allowrd to ar<'Ompany him. He also idl'ntified the hvo onlNs and ... fat.<>rl the> naml's of the cart drivers who had ronv<'~'ed t11r rirl" and tlw numhPr of sarks takPn h~, rarh. ff<' t<'stified also that it was not tnw that 11r wa.<: a partnrr of Ringuimnto. and in support of thii:; st:tt('mPnt produ('r1l a paprr .<:howing thnt h<' had bought ri<'<' from Ur latter. Tlr stat('fl tlrnt ill' did not testify as to all tht>s(' flf>b\ils wl1ile giving his pr('Yion.<: t<'stimony hPmusp thr dt>fendant and his son·in·law had askNI him to withhold thrm. hut that lnfrr. not wisl1in)? to a<'t wrongfully, he had l<'stified truthfully. r<'rtif:.·17RDD--2 ing his previous testimony. The witness, Gregorio Mendoza, testified that the orders for the withdrawn! of rice sold by Singuimuto were obtained from Lieutenunt Bell by Isabelo Javier. From the foregoing it seems to be fully proven that Isabelo ,Jayier on two occasions received from Lieutenant Bell, on behalf of Juan Singuimuto, 300 !:iHCks of rice, which were delivered to him on commission fol' sale at retail to the people of the municipality of Ratangas, and that he appropriated the rice to his own use, thereby prejudicing the Government, the lawful owner of the ricC'; that he denied having received the rice, and failed to make pnym('llt of the value thereof, all of which constitutes the offense of estafa. It is an undeniahl<' fact that .Juan Singuimuto was one of the pel'sons designated b:.• the commissary of the Government for the sal<' of the of riec at retail in the capital of Batangas, and that for this plll'posc he had to file a bond for $300, Mexican, to guarantee thf' faithful performance of his trust, as shown by the document on folio 51 of the record. The conditions imposed on tho.~e charged with the sale of the rice were that the consignee ~hould pny to the commissal'y $fi.25, Mexican, for each sack of rice sold, l\(' krrping the di!Terence between this and the selling price us his <'ommission, and that the proceeds of the sale of tilt> rice were to hr deliverec\ to the municipal president, through whom payment for the rice was to be made. This is corroborated by the municipal presid<'nt, Jose Villanueva, who testified that. the sellPrs werC uml<'r obligation to present to him the onl<'rs for th<' d<'livcry of rir<' issued hy the Government commissar.'·· in ord(')' that he might enter them in his books. Juan Singuimuto, th<> defrndant, failed to present to him the two orders for the delivery of rice, referred to on pages 20 and 21 of thr record, so that the delivery of these 300 sacks of rice was not rc('orded in his books. Tn a notebook produced in evidence, a translation of the l'ntri<'s in which is given on page 87 of the rt>cord, there appears at t.hC' C'nd a mf'morandum stating that all thC' rice re<'ei''('{l had been paid for, which shows that the rice sold in Singuinmto's stor<' tht> latt<'r had received on commission and i1ad not purehasC'd for cash, and that after selling all the ricf> which h<' had on hand, he had to pay the value thereof to the r<'presentative of the Government from whom the rice had !wen obtained. Deceit is manif<>stC'd from the moment Singuimuto, on being required to pay the value of the rice taken, denied having rPceived the ;;ame, a drnial which implies fraud and bad faith. .h to Singuimuto's intention to defraud the Government this is proven by his failure to present to the municipal president the two order.<; for the delivery of the rice. From such an omission th<' intention to defraud the Government to the extent of the valuf' of the rice received must be inferred. The fact that .Tuan 8inguimuto is unable to read or write, and that he had never appeart>d in person in the commissary warehouse to withdraw the rice, Isabelo .Javier and his sonin·law, Gregorio 1\frmloza. having represented him on these occai:;ion. do not exempt him from liability, inasmuch as the 300 sacks of rice received from the Government were taken to 8inguimuto's shop and there sold to the public. It is therefore not just that after having pocketed the value of the 300 sncks of rice, as owner of the store, he should be exempted from any liability. The later testimony of Isabelo ,Ja"ier is worthy of credit because it is corroboratl'd hy the other evideneP in the casr. and <'S["'Cially by the testimony of Grpgorio Mendoza. who appt>ars to ht> thr drfendant's ronfidPntial agi:>nt a;; wPll lii;; prin<'ipal a.<:f!istant in thr store. Mt>ncloza affirms that hf' notC'd down on 11 list which he had of thP Mcks or cavans of rier rPrPiwd in his faUll'r-in-law's stor<' the ordt>rs for rice which .Javier had taken from T,ieutPnant Rell. and which werP pre;;pntPd at tlie warrhouse a;; authority for t11t' withdrawal of the riCI'! there386 OFFICIAL GAZETTE from, but thr defendant kt•pt no books wherrin to notr down all his trnn:<actions with respect to th<' buying aml selling of (;ov<'rnmrnt ric<'. From these :<bltl'mcnts it is t\rducc>d that nlthong-h it has not h(•1•11 prow~n that ,Ja,·ier and 8inguimuto \l'rre pnrtnNs, as testified to lw ~ll'ndoza. it is neYC'rtlwles:-1 true that .Javier, by order am\ with. the consrnt of tlw defrndant. was the person who was in t hl' habit of taking out th<' rice called for in the on!C'rs issnrd in ~inguimuto's mrnw, and in Yil'11· of the studied silc>ncc of thc> lath•r and his son-in-law",.; t<>stimony, .Javi('r's lat<'r lc:<timonr. which has \l('f'll in part c·onohomtPd by )l1•11f\ozn. can be> ncccpte(l as true» ('onsr1pwntly t-iingninmto. in dc>uying that lu! had rel'<'frC'd tlw :'100 sarks, tri<'d to dl'frnud Uw Oo\·C'rnnwnl, and abusrd thC' confidt•ncC' of hi.- frirncl. who lmd olliciall:.· nC"ted as his . ;lg"l'llt illld who had brought him in touch with lhl' novC'l"lllllf'llt l"Ommissan·. This ele~icnt of decrit i!i inhrrent in tlw crimr of estafa, und as in the commission of this offc>nsl' no aggravating: or mitigating c·ir<·11111stances wcrr prC'>'C'nt the pPnnlt:.• should hC' impo!'<ed in llw mrdium drgTC'<'. In \'irw of thr rrqurst_ madC' by thC' prosrcution lhC' decision 11p1.walcd. whnrh:.· the drfrndant is ,.;ent<'ncrd to pay ;\ fine of $2.5:)0, l\lexican. and an ind('lunity to tlw Government of $1,2iCI. ).foxil'!lll, and thC' C'ostl'<, should. in our opinion. hC' rrvrrsed. The defrndant l'<honld IX' comh•mm•d to thr JlC'll!lit)' of I vl'ar 8 months and 21 days of pnwidio eorrf'r<'ionnl, to lh<' a<'~rssory Jlf'Jmlties prescri\)('d in srction !"iO of tlw P<>nal Codr, to thl' indemnification of the Insular Go\'ermnenl for thr Yalu<' of thl' rirr in\'oh·ed. and in ra&> of inso\\'rnc:.· with rcspe<'t therC'to, to suffer ,;ubsidiltr)' imprisonnwnt not ex<'eeding Olll'·third part of the timt> .fixed for tlw prinripal pmalt:.•. and to thr pa:.•ment of th<' costs in both instancrs. T""'t thi,; rrcord hr rrturned to the low<'t <'Ollrt with a ('op~· of this d<>rision for thC" C'X<'rulion thl'rrof. Cooper, McDonough. and .Tohnson .. J.T .. concur. ~\rrll:mo. C. ,J .. 'Yillard. and ::\fnpa .. J.J .. dissrnt. ./udr1mrnt modified. TORRES • • /.: The attorney.;;; for the dcfrndant. Kinguimuto. have mo\·('(! the 1•ourt for a new tria 1 upon the ground of thr cliseow•ry of 1ww 1•\'idencl' matrrial to the dcfenSC' of the aecusrd. In support of thr motion they ha\·(' pres<'nted the afflda,·its of thr 1kfemlant. ~inguimuto, and those of nine men who are rrady to t<'stify in c·ontrndiction of thr l'vid<'ncr given against him b)' lsabr.lo .Javier, a witn<',.;s for the prnsecuticm. The testimony of these mrn, whos<> names apprar with thOS<' of other.o; in thr li~t at page 98 of the record and in thr tcstimon:.· at pagr 93 th('J'l'Of, may throw light upon tlw faC"ts of the case and upon the que.'ition of the guilt or innoc<'ncr of thr accused. After tlw evidencC' was ta.ken and the cage dosed on thr 8th of April. I 903, judgment was rendered on the same dat1•. ( 'onsl'qurntl~· n<'ither the pro1;ecution nor the defrnsr had an opportunit:.· to ask for a continuance. or to have the men in question, said to I)(' the dri\•er.s of thr wngons by whil'h the ric<> in question wns 1·emoved, examined as witnrssl's. It appears that thesl' nwn wrrr not found at oner, hut. ns stated h,v thr acC'used umlPr onth. on!:.· in 0<'tobcr following the trial. Consrquently in tlw intrrrst.- of jnstict> a nrw trial should he granted. lTmlt>r the provisions of st>ction 42 of Genernl Ordrrs, ~o. 58. Ow Codr of Criminal PrMt>durr. thf' judgml'nt app<'alf'd i" .'lrt asicl<' as fllfio t.hr df'<'ision of this C'onrt herrin. Tlw <'am;r will hr rf'mandrd to tl1l' conrt hrlow with a <'Prtifif'd rop~· of this cll'C'ision, and arMmpanird by thr original nffidaYits prrsl'nt<'cl. a c·op~· of whi<'h will he kl'pt with thr filf's of th<> casf". Thf' f"llS<' ,,;11 bf" continuf'<l from page 100 of th<' record. the 1;11hsf"qurnt proccrdin~ hf'ing s("t fl.side; it will not hr nt>cl'ssar:.• to r<>takf' thr lr,;timon:.· introduf'f'd at tlw trinl up to that pag<> of th<' rl'rord. but without. prejudice to lhr rights of tho parties i.o infroduC"e sn<'h other e\'idencC' as thry mny dcsir<' to !mbmit. Arellnno, C .• T., \Villani, Mapa, and l\lcDonough, JJ .. ,foJINSO:X, J., with whom ('01l('Ul"S COOPER, J., dissenting: This case was an appcnl from the sentence of the Court of First Instance of the Provincr of Batangns, uml was filcc\ in this court on the 17th dny of April, rno:1. A de~ision was rendered by n cli\·i1lecl <'OUl't in N'owmhcr, JnO:l. On the 18th dny of .Tan:mry, 1904, a motion was made in this <•ourl for a nrw trial hy the said defendant, alleging as a cause for granting n Ill'\\' trinl the fncl that he had several witnessrs who would testify that the ll'stimony given by Isabclo .Javier (one of thr witnrssC's for the prosecution in the trial helow) was unlnl<'; that afU.•r tlw said f!:mhrlo ,Jayier had gh•en his testimon.v in the court below thn! hr, the defendant, immediat<'ly looked for these witncssrs but was nnable lo find them. He presents here his own affidavit of tlwsc facts. He also presents now the sworn statements of nirw of thest• witlwssC's to the effect simply that the t<"-;timony of lsa\)('\o .Javier is not true. Upon this showing the <"onrt grnntrd a new trial. lsabrlo ,Javirr in thr trial hC"low ga\'r the names of fourteen 1wr.~ons who had errtain knowledge with rrference to lhe facts prrsrntC'c\ to thr C'Ollrt. The,.;r fonrtcen persons W<'rr laborers in thC' community whNe the trial took pln<'e. "Rach of these fourteen persons had knowlrdg<' of thr same fact. The stntl'ment made h~· tlw ncrusNI that immrdiately after henring tll<' tcstimony of thr saicl .Javil'r he wrnt to look for these persons hut wns unable to find any of them, would indicate that due diligrnce had not bt>rn exercised. It is verr improbable that all of these fourteen pnsons should hC' ab.~f'nt from the jul'isclirtion of the court on thnt occasion. The statrment by the accused that none of them C'ould he found .'llwuld not he believed. Thrre i.'i nothing of record to show that the defendant made any t•ITort to sC'cure tlw prefience of tlm:::e witnessrs in th!'! trial of the <·1rn,.;r !)('low. <'XC<"pt his affida.vit here prr-~rntrcl. ~o summonses \l"<'rf" i,;;;m•cl for their presence; neither was thr con rt rrq1wsted to grant a continuance until their prt>sence in court conld hr had; not <'vrn a suggC',.stion thnt thr testimony of these was importnnt was nrndt> bv dl'fcndant in thr court below. Th<' appli~ation iR maclr npon the thl'ory that thi" evidence has hr1·n nrwly cliseO\·rr<'d. The affidavit filed by the defendant in this ca,;e shows plainly that he kn<'w of tlw existen~ of the evidence flt the time of the trinl. Ther<'forf" it cannot be trur that it is newly discovered evidence. Rrction 42 of G<'n<'l'al Or· cl('l's, Xo. 58, p;'O\'icll'R that "at any time brforf' thr final l'ntr~· of thr judgment for C'Olld<'tion, thC' dt>fendant may movt>, l'ither in the c•ourt below or on appeal to n higher court for a rropening of thr rause on tlw ground of newly discovered evidence material to his df'femw." This section further provides that "fl new trial mny also br granted after a conviction on account of rrrors of law f'ommittl'd nt the trial." The application for th<' new trinl and tlw afficlavits filed therewith show that said npplicnt.ion is hasrd npon new witnl'Sfi<'S and not newl)' discovrrrcl rvidencr. T\w pnrpos<' is to introdurl' impeaching testimon~· onl:.•. Tt is cl<'nr. and tlw nttomrv for the defendant in his arg:umrnt. in tlw <'a>'r admittrrl, that tlw. additional eYidence which hf' df'sir<'s to produc•r on thr nrw trial j,; rrbuttal simpl~·. or in other worcls i,; rumulativr drfrnsr. All of th!'! courts hold that wherl' an applil.'ation is madr for n nrw trial hasrd upon newly diseo\'t>rt>d ('\·irlen<'C' tlrnt such rviclenC"r mnflt not hr cumnlath·r--that tllf' n<'w <'\'i1l<"OC'<' must lX' such ns co11lcl not. with rra,;onahle diligen<'f'. hnv<' \)('rn dis<'OY<'r('(l and produrC'd nt thl' trial. As proof of dnl' diligcn<'C' thf' party must lmvf' had summon.'les iss11r1l flt lf'ast for thr appf'nr:mces of said witm•sfi('S. Tt is also th<> rulf' tlmt thf' <'OUrts will n<'Vf'r grnnt. a nrw trial for the purposr of admitting pnrrl~' imp<'aehing l'Vidf'n<'<". DfrT><-rmott 1'8. Town. ('tc., Co .. 47 OFFICIAL GA~ETTE 387 \". \\". RC'p., I0/3; Husted i:s . .l\leadf', 58 Conn., 35; Husted 11s. :\J(>aci1'. l!J ,\tlantic l{C'portor. ~:!:): l'itntl' 1:s. 8mith, a5 Kun. UIS; Stal1• r.<;, Hmith, 11 J'ueilfr H<•port<•r, !l08: O'DC'1\ r.~. Htutl'. 5i lwl.,;11.) Thf' t'\"itl<'nc·C' propo:«>ll to hf' introduc1•d on Uw new trial in this <'flll>il'. ac•cording to tlu• aflitla\·it of thf' dcft'ndunt himself n,., \\'1•11 n;; tlw <ltlidaYils presrnt<>1I hy th(' otlwr witlwss1•s, all go to sho\\' thnt it is pure]~· for tlw pmposc of impe11ching the t('stimony of J,;nhl•lo ,Javier. Tl11• l'Olll'ts do not g<'nC'l'lllly n•gard motion!! for nl'w trials upon thl' gr<lllllll of 1wwl,\' clii'lCOVC'l'l'cl l'\'h\('l\Ct' with fa\'01', ih<' polie~· of tlw c•onrts hl'ing lo n·quin· ut' partil's 1•1trt', cliligt>m•r, and dgilirn<'<' in sc•cnring 1111d )Jl'<'Sl'llting (•vidl'nCl' upon tlw trial, and wlw11t•\·1•r the eourt.- tlo grunt 1ww trials upon lll'wly discoverl'd c•vi1ll'IH'I' till'}' hold that it is indispl'nsably 1wcrssary for the mm·ing pnrt,\• to show dearly that he cxcr<>iscd th1• greatest 1lilil!l'll('l' in his 1•fforts to disC'o\"l'l" nncl produC"e tlw evidl'llCl' on 1hl' trial. Jn ordl'r to show tlw grcatl'st diligence hP must, at h•nst, lrnn• l'itlwr taken out summonse,.; or citntious for tlwse witnf',.;..;p..; to appl'ar, and in rasr lw wa,.; 11m1blc to sPClll"<' thl' Jll"l'Sl'lll'<' of thr ,.;aid witnesses h<" tlwn ought to li;n·1· l"l'(Jllf'Stf'd an adjournmrnt of th<' trial until stwh witnes,.;e.'> eould bl• ohtai1wd. For lh<'S(' rl';\son tlw motion for a lll'W \ l"ial should hi\\"<' bC'<'ll 1lrnil'tl. ./11dr1111c11/ modified. [Nn.131\0. J11mmry IS, 1904.J ('fJYRO/,.l('/O.\" J//./.I ur:.". p/uinti1l (///(/ appellnnt, /".~. /)f}f,P/"SA. .\·/~'RY f,''/' .lL .. <i<'fr-ndmif8 <rnd appcllc<w. 1 •H!GHTso•· Iu.r.mTDIAn: CHILDltES; :\ATl"l\AI, Cm1.DllF.N: OLD LAW: Cl\"11. Cor>t:.-.\ imturnl diilcl is one hnrn out of \\'Cf\lock of pt'Tl'on~ who were qualilic•I to mnrrr 11t the time of the ro1wcpt!on or of the birth of the rhlhl. (Eleventh Ley of Toro, whi<•h bl't·nmc h1w I, title !i of book IUof the ;Yot•i.lli· mu Nnupilnri(m.) Children born of p11rcnts who at ~·ithcr of the pcriocls mcntionl'd wen• 11111\lJle to m11rrr by rl'n~on of some dis4u111Hlca!ion, whether rcmovnhle by dispen!.ntinn or not, lrnvc not thl' status of natnml (•hilclrcn: hut unrler the provisions of the Civil Code naturnl chilclrcn nre thO!'t' born out of wedlock of pllrcnt.~ who nt the time of <'onrcption could marry with or without clispenStttion. (Art. 119 of the Ci\·il Code.) :.!. Io.: ID.: .\CKNOWl.EDG~IF.ST.-The neknowll'dgment of nn illcgitimnlc child b1· one or both of the parents is nccessory to give ii the slnllls of fl no.turn! ('i1ild. The ncknowledgmcnt h)" nuc or lmth of the notural pnrent.~ is one of the rights of e. naturnl ('hild who hns the ne<·e~1rr qm1lificntions for legltimntion. 3. It>.: Ju.: C11·n. CouE; R•:rHOM"Tl\"ITY.-lllegitimnte children. born and nrknowledgcd prior to the pronrnlgntion of the Civil Corle, ncquirecl the status of naturol ('\\ildrcu \J)" openltion of lnw if pooscssed of the qua\i!lcations prl'scribcd h)" the ('ode. CVl'll if th<'Y l'Ollld not hfll"C enjoyed this stntus muk·r till' luw in force nt tlw ~pl'1·tiw• dates of their birth nnd n<·knowleclgml'nt. in necorclnnce with the provisions of rnlc l, pare.grnpb 2 of the Transitory Provisions. b)' which the right for thC' fi~t time cre11tl'cl b)' 11rticlc 119 of the Civil Code is rc(•ognizcd in fa\"or of natur11l children. I. :S-r.w LAI\" o~' )IAl\111.HH:.-The pro1·isions of Gencr11\ OrdeT!<, Xo. b11, promulJ:"Utcd Heecrn\Jcr 18, 1899, are uot npplknh\c to the case of the defendants, ns nntural clnnghtc~ hnd by on uncle with his niece, us they wcrr horn long bdorc the promul!l'ntion of thut new lit w of mnrriagc. .-•. ltlGRTS Ot' IL1.•:a1Tl~IATt: CH!l.!Jl\ES: 01.IJ L.\W.-A nuturnl child wa.~ never the (on·l'd heir of his le.tiler by w\11: hut if the \niter died intestate, leaving no ll•gitinrnt<• usccmhi.nti; or clcsccndnnts, the 1mturu.\ child succeeded to till' sixth purt of the cstutc. whic-h wns to he clivicled between thl' n11tur11J child und it-~ mother, cn•n if the d('C('flSed ll'ft 11 wiclow, but the nntnrnl chlld wa.~ the forced h<'ir of his motht•r, pro1·id1•cl she ll'ft 110 luwful issue, both tcstnte und intestate. tO. Ju.: 11•.: LEGITl)IE: C1v11. C'om:,-The right of ncknowledged nnturnl childrt•n to a lt•gitime os forced hcll"l' of their nnturul pnrents, 11cl'ording to tlw difTl·rent cR.~cs of tcstnte or intcstute succ1..-s.~!on proviclcd for in articles Ki6. 839, l'l~O. 1!-11, &I:.!, ond lW:J of the Ch·ll l'oclc, having been for the first time <h·clnred by this body of lnw, it must be 11pplied for the purpose of dctNminin!l' the ~ueel'SSory rights of stl<"h chilclrt•IJ, el"en though they 1n11y hnve been horn nncl rcl'Oglll7.ed prior to it.~ ('romulg11tlon, providecl thnt the denth of tlwir pnrcnt.~ took pince nfter the Ch•il Cocle becnmc opcrntivc. i. CIVIi. CODE: HIGHT TO ISH~:nJT.-Hcrcditary right.~ cnn not be regarded OS vcstccl prior to the death of the person from whom the cstlltc proccecls. This doctrine is in nccordancc with the clccislons of the supreme court of * Ilcnd note.• h)" ~[r. Justice 1'orres. Spain. An hcreditar)• right vested under the regime of the Civil Coclc must be controlled by the prO\'isioas of that l11w, in occordance with rules t and l".! of it.~ transitory pro\•isions. 11. In.; ID.-The successor of a deceased person has no greater right to the hcreclitury estate th11n that whkh the l11w recognizes ia his fnvor, inasmuch ns successory rights nre mere creations of positive lnw, inspired by the principe.ls of naturnl lnw. 9. HEltEIJITAl\V SUCCESSION: 1<:x1·'E(."TANCV: C!\'I/, ConE.-The right to inherit is, during the lifetime of the cnU!ll\tor, a mere expecto.ncy or potential right, which docs not lieeome absolute or vested until the death of the eausat-Or, and consequently the prospective heir can not be regarded ns being e.dvcrsely otiectcd by the retroactive applicntion of the provisions of the Civil Code, when the right supposcrl to be injured vested after the Civil Code beeame opcro.tive. .-\l'J'J.;AL from 11 judgnwnt of the Court of l<'irst Instance of Allmy. TIH> fal'b. nn• :-;tated in thp opinion of the eou~t. :\IAXUJo:L .:\I. llt: llAZAN°AS, for appellant. Du. PA:\', 0HTmAs & F1s1n:n, for appellees. Tonn~:s, J. : This is 1111 appeal interposed by means of u bill of exceptions by tlw pluintill', Consolacion .Mijares y .Uorl"Omeo, against the decision of .-\pril 11, Hl03, rendered in favor of the defendants Delfina :\°(•ry, Carmen Mijares y Nery, aml others, with the costs. In thr yeaf 1899, the date and the month not having been 1•stnhlislwd, Don .i\lariano 11ijare8 died in the Province of Albay lt•aving property ?f the ei;timated value of 80,000 pesos. The dt•eeasNI at the time of his death had no legitimate heirs, 1lesel·1Hlant or ascendant, but left a daughter, the present plainli!I, born in 181i2 out of wedlock, u.lthough legally recognized as a uaturul ('hild. HP likf'wise left five other daughters born in lik1• IHalllH>l" of Dl'llina ~l'rJ", who was· a niece of the deceased, whi<'h said liw duughtl'rs. who were born i;uece:.sively from the .\'l'ar lHliZ until l88!J, \n~r1• acknowledged expressly and tacitly by Don i\Iariano :\Iijares during hb lifetime a8 his own daughters. It dol's not 11ppPHl' why ,.;aid :i\Iij1ll"l'S and Nery never mal'l'ied in "Pih• of tlw fact that a bull wus issupd on J1tnuary 23, 1878, by l'op<' l'iu,, IX authorizing the ma1Tiage of the dec.'f'ascd with his nil'C<', J)p]fiua :\'l'l·y, as shown by a copy of said bull which was prcs<'ntPd to the cou!'t. .-\ding on till' supposition that Don Mariano Mijares died intcstatl', the plaintiff. Con801:1cion :Mijares y Borromeo, alleging that she i,.; tlw solr natural daughter of the deeeued recognizpd h,v him, and that he IPft no legitimate descendants or ascendants, 1·ontPrnls that slw is thl' sole hPil' to her father's estate by reason of the fact that thP fil'r defendants, daughters of Delfina Nery, a nil'el' of lll'r said fnthPr, arl' illl'gitimatf' daughters, without th<' status of 1111turnl (·hildrPn undel' law l1 of Tom, in force on thr duh• of tlw birth of !:illid defendants, she thel'efore brought suit to iK' drdared the solP univer;rnl heir ab intestate to her fathrr',.; l'stah•, and asks judgment in her f;n•or as to the ownership and possl'ssion of thP lwrctlitnry propert)' hl'ltl by thr df'fl'ndants. prn,\•ing- that thry he ordert>d to nmkl' dl'liver~· tl1Hrof to hrr. 'l'hl' dl'f1•1Hlunts opposed this claim, alleging that although it is trul' that the danght1•rs of thl' dP<'Pased by his niPl'l' D<'lfinu Xrry, hl'ing illrgitimatr, 1•onld not enjoy the status of uatmal l'hilth·en llllll<'l" law 11 of Toro in fon·e at the time of thrir birth, 11e1·erthrh•s,.; under the Civil Code, which became op('l'ntivr in thl' ,j.>hilippine Island,.; in 1880, they acquired the status of natural (·hildren. (•ntitl<'d to inll('rit, beeansr they wel'e acknowledgpe\ b:r thrir lat" fatlwr, and hel·ause. according to n will and codieil l'X<'<·ntl'<l h:r tlw dec·<'as1•d during hi,.; lifetime, they wer(' <'ntitled to the Sl'\"l'ra\ parts of the l'Statt'" therein l)('queatlll'd to them, sinl'r thl' de(•rnsPd had instituted nil his daughtel's as his heirs in equal parts. It do1•s not apprar that ti1<' judgr nuull' nnr findings as to the 1·niidit)' or inrnlidit:.• of thl' will nm! eodieil, whb·h ll"('l'P prrsentl'd dnl'ing the trial. OFFICIAL GAZETTE Accol'ding lo law 11 of Toro, which subsequently became law 1, title 5, book IO of the Novisima Rccopilaci6n, natural children are those who:sc parcnb; at the time of the conception or birth of the children were not disqualified to wan)', provided that their fathers recognize them to be their children, although they may not ban~ kept in their home t.he women by whom they may have have had sud1 children. Jt follows, therefore, that children born of parents who at the time either of the birth or conception of theil" offspring were disqualified to marry by reason of some impediment, whethel' removable by dispcn:salion or not, could not possess the statu:s of uaturnl 1:hildre11. This was the old law which governed as to natural children, but which has been modified by the Civil Code, whic-h hus confined to the time of conception the period at which the parents must be free to marry, with or without dispensation. Section 119 of the Ci\'il Code says: "Only natural children may l>e legitimized. ~utural d1ildrcn are thoi:;e born out of wedlock of parents who at the time of the conception of the children could have married with or without dispensation." From the context of this article it is evident that the first difference to be observed between luw 11 of Toro and section 119 of the-Civil Code consists in that according to the latter, in order to determine whether a child born out of wedlock is or is not a natural child, it is necessary to l·onsider only the time of its conception-that is to say, to determine whether during any one of the first one hundred and twenty days of the three hundred preceding the birth of the child the parents were qualified to marry with or without dispensation, applying section 100, paragraph 2, of the Cfril Code in the determination of the time of conception. The seconU differenC'e consists in that the Code has placed on the s_ame footing persons, who could not marry without dispensation, and those who, because under no disability, could freely contrnct maniage. These lU'O\·isions are entirely at \'ariance with those contained in the law of Toro cited. In order that their offspring might have the status of natural children it did not suffice that the father and mother could have married without dispensation at the time of the conception or of the birth, but it was necessary, in addition thereto, according to the law of Toro, that the father should acknowledge the child as his. Article 129 of the Civil Code pro\·ides: "A natural child may be :wknowledgec\ by the father and mother jointly or by only one of them." Section tal J>r<'Sl'ribes the form in which the acknowledgm<'nt of the natural child should be made. This acknowledgment is to a certain extent one of the rights of the natural child with respect to his pan•nts, who are obliged to make such acknowledgment in the case:; rcspectfrely set forth in sections 135 and t;J6 of the Cod.e, which became operative in these Islands on December i, 1889, twenty days after its publication, which took place on the lith of Xo\·ember of the same year. The plaintiff and thr five sistPrs, dl•fendants. wc•rr born out of wedlock, and were acknowledged by Don ~fariano :Mijares, their father, as his daughtrrs. The plaintiff was born of a woman whose name does not appear, and thC' fi\·e defendants were had with his niece, Delfina Xery, whom he might have married, notwithstanding the impedimrnt of consanguinity, by virtue of the pontifical bull above referred to. If the plaintiff should be considered as an acknowledged natural child in accordance with law 11 of Toro, the five sisters. defendants, merit the snme considerntion iu~ acknowledged natural children in aceordance with section 119 of the Ci\·il Code in relation to rulr I, part 2 of the transitory provisions thereof. Not\\:ithstanding the fact that the fh·e daughters of 1'.Iijul'es hac\ witl1 Drlfim1 KNy wNr horu at a timr whrn thr old law was in forcr and prior to tlw rnaC"tm('nt of th<' prrs('nt Civil Codr, it is nevertheless indisputable that the legal relations and the rights originated from the birth of the defendants and from their acknowledgment by their father, facts which took place under the former law are to be determined by the Civil Code by virtue of parairaph 2 of rule I of the transitory provisions above cited. This second paragraph says: "But if the right is declared for the ftrst time in this Code it shall be effective at onee, even wllen the act which gave rise thereto may have taken place under the prior legislation, provided it does not prejudice other vested rights having the same origin." The five daughtel's of .Mijares with his niece, Nery, acquired the status of naturnl children by virtue of section 119 of the Ci\'il Code, because at the time of their conception the disability of their illegitimate parents to marry might have been removed by means of a dispensation, which in fact they subsequently obtained. This right to tlw status of naturnl children of th('ir father who aeknowledged them Pxpressly am! tacitly, was unknown to the foruwr law, inasmuch as said law 11 of Toro required as a condition that the parents of a nntnral child should be qualified to marry at th<' time ol" the {'OllC('ption or the birth thereof, without dispt'IHmtion. and il tlwrefore resnlts thut it i;; a new right for the lil'st tinw d1'C"lan•(l by the Civil Code in section I HJ cited. In the commissioner's preface to the Ci\'il Code the following uppears: ''And whereas all rights originate necessarily from some fact, either dependent upon or independent of the will of man, the date of this fact. which may be prior or subsequent to the promulgation of this Code, should determine the law which is to be applied to the right originated thereby. .. " "' But in the case of i\ new right for the first time declared in the Code, and not l'<'cognized by the pr<'vious legislation, it should be governed by the Code even though the fact wherefrom it originated should have occurred under the former law, unless it vulnerates another right vested under that law; becaus1' in this ease the one about to suffer the injury is more entitled to considerntion than the one who is about to receive a grntuitous benefit." This doctrine was appli1>d b~· the supreme court of Rpaiu in its decision of June 28, ]8!)6, 1t is therrfore undcniabl<' that by virtue of the provisions of parngraph 2 of rule J of the transitory provisions of the Code, article I)!) operatC's retroactively in favor of the defendants, daughter>:< of )lijan•s by his nit'l'l', Delfina Nery, .since the Code has relie\·ed them of the status of incestuous children, declaring them to be naturnl children because born of parents qualified to marry, and vesting tlwm with all the rights inherent in acknowl· 1•dged natural children. Assuming that tlw fiv1· def<'ndants were born priol' to December 18, l8!JO, the dall' of Grncral Orders, :Xo. 68, of the Military Governor, which put in force 11 new law as to marriage, and that the death of )Iijarcs, their father, took place likewise prior to the tinw when said general onlcrs went into force, it is evident that th(' provisions of this law are not to be given a retroactive effect, and arc not applicable to the rights of the defendants. It is not necessary or timely to express an opinion as to what the effect of General Orders, No. 68, would be up::in the rights of the defendants were the facts such as to make it applicable. As a consequence of whnt has brrn stated, it is proper that we should now treat of the rights of natural children as regards the estate of their parents, confining at all times the quotations of the legal provisions to the questions at issue in this litigation. When a father died intestate, his natmal children, in the ab· sence of legitimate issue or their legitimate des<"Cndants, inherited only a sixth part of his estate, which they shared with their mother, even though the father at the time of his death should have left n lawful wife. (Laws 8 nnd !J, title 13, partidn 6.) In th(' absence of legitimate deseenrlants or ascendants, or collateral OFFICIAL GAZETTE 389 relatives within the fourth llegree, inclu:si\"e, the natuml childr<'n took the who!<' estat<• a,; lawful heirs to the exclusion of the widow and coll;ifrrnl relatives of th<' fifth and subsequent degree,;. (Law nf ~Iav Iii, 18;l;),) Tiu.: naturnl <'hil1l W<h; nf'nr a forcC'd h<'ir of his father by will; hut iu tht> absence of legitimalf' childr<'n. he wns the forced lwir nf lllf> 1110U1er, testate or intestate. _\ father Jeu,·ing legitimate childrrn and clescen<lnnts could ll'an- one-fiflh of hi» property to his natural children. In llw ah"l'IW<' of su('h legitimnt<' heirs and desC'endunts he <'oultl by will dispo><r of >Hll'h part of his t>stat<> as lw might wish, C\"en :;;hould tlwl't' ht• ast'l'IHlants. (Law IO of Torn, or law 8, titlr 2. hook JO, of lhl' .Yorisi11w Rccopilrtei{rn.) .\s ma\· ht• s1•1•11, the natural r:-hih\, ncr:-onlinjl to the oh\ law, di,\ liot imn>. with respt•ct lo the suc1•1•ssion of the fothcl'. tlw .~;\lilt' right ;\s with rt>spN·t to th1• t>statt> of the mother, asiclc from tlw right to support. Tlw Civil Code gave lo a('knowlt><lged natural 1·hihlrcn the l'ighl to a lrgitinw from which tht>y can not hr ex('hull'<l hy lrgilimatr 1l('set>1ulants or asccn<l;mls, or b\· tlw hushnn<l or wif(•: but this lwr1•ditary portion can not hr .f'qnal to that of thf' ll'gitinmtt> l'hildrt>n. 01w·lmlf nf thr ll'gitimr, whirh eorrrspornls to t>:wh 0111• of tlw lf'gilimatt> ehihh'('ll who luwe r('erh·ed no h1·tfrrnwnt, is that prt>~el'ibc'll IJY section 843 of the Code a'l tlw here<litnry portion of ac•knowlt>~lged nalnrnl children, proYided it docs not excee<l th<' thin\ purl of frPt> disposal. When a tl'stator does not leave legitin1>itl' C'hil<ll"<'ll or descendants, hut leaves legitimate ascendants, ;l<'knowlt>dged natural rhildren al'e rntitlrd to onc·half of the part of the rstatt> of fret> <lisposal. without prejucliC'e to the widow's lrgitinw. ( 8ections 836 am\ 8-\ l of th<' Civil ('oclr.) \\'hrn th<' tl'stator Ira\'<'.'> no legitimate descemlunts or ascen<l· ~lilts. acknowll'dged natural ehildrrn a1·e entitled to onr·third part of thl' t'stntt> according to st>ction 842 of tht- Codt>. Tht> remaining t \\'O·thinls parts of the rstute m11y be disposrd of :it will by the pa1·l'nl. subject to the usufrudn:ll'y interrst of tlw wi(\ow or widower, if uny. In iutt>;;tatC' succcs;;ions, thf' In\\' grnnts tlw inh('\"it:rnt·f' to the lrgitimatR am! natural r1•\ntions of thr df'C'ensrd. to thr widO\\' or to tlw wi1\mn•r. ,ind to tht> Stntt•. lu tllf' nbs1•nC'e of legitimate descendants or ascendants, naturnl ehildrl'n lt>g-all~· acknowledged ~ucl'et>d tlwir parrnts, if intrstak, i11 thr whole of tl1t>ir propl'rty. as do also natural children lrgitimizecl h,\· Roynl 1•oncrs'lion. (Section n:J!l, C'i\·il Coclt>.) But if the (Lrc1·a~C'd who cliC's intl'statl' should l1•a\'I' legitimate> descendants or ascrndants. natnral childrC'n and legitimized l'hildren 1uv only entitle<l to thl' pal't of thf' <'state us;;ignNI them b.\· ~r1·tion~ 840 ':lllll 841. (Art. !142, Civil Codi'.) Till' followinl! qtwstion llOI\' ari"C'~; \\.!H•n <lo('~ tlw right lo inherit \'!'SI.? As :rn answer tlwreto \\"C• "lnlil quot" a part of the commissioner's preface to the Codr, applic>ahle therrto, which is a"'l follows: "If tl1C" t>Xi"'ltC'JH'I'. l'fficirtie,\', 01· P:'dt•nt of thf' right ~If' pends on events independent of the will of tlw prrson wl10 pos"<'sses tlw right, h<' may hav<' an exprrtaw.·~· bnt not a \'l'st1·d right. For tl1i'l rea'lOll the legal heirs and institulr!l hrirs. as \\'I'll as the ll'gatees of persons still alive haw no ve<;tt>d right until the death of the latter, because the existf'nee of the right tlw,\· may t>njoy in the future is subject to thr 1·ontingenl'y of tlwir own drmise. the vicissitudes of fortunf', aml tlw frl'I' nncl rnriahlC' will of the testators." Ro that with them until the death of thP person from whom the> rstntt> is to proceed. hel'eclitary rights can not lw (•on.~iclerrd ns wstf'Cl or fully aC'quired. Mijarl's cliNl in 18!l9, as is shown in the bill of exceptions. Therefore the right of his acknowledged natural daughters-the plaintiff and the five defendants-to Sll<'cerd to his estatr ,·estecl in thr snmr ~·rar under the Civil Cod!'. ThPir status as nl'knowlcdgc>d natural children di<l not givr them a \'c:,,tcd right to inherit until the death of their father, and consequently the provisions of the Civil Code are to bc applied to the succession of the estate of 1\Iijares. (Rule 12 of the transitory provisions.) The jurisprudence established by the supreme court of 8pain in the decision of June 2-\, 1897, confirms the doctl'iuc of the transcribed question from the commissioner's pl'efoce to the Co<le, !Jccause it says: "The succession of a person being open on the day of his death, which was subsequent to the publication of the Civil Code, the latter is a}Jplicable, in uccord1111ce with the Jfrst nml penultimate clauses of lhe transitory provision!>, to a suit for the detcnuinntion of the right to the estate, hcc1111se the principle of the nonretroactivity of a new law only go\'crns in the case of rights vested under the old law, and it is elementary that hereditary rights do not Vl'st until the death of the person who::ie succc . ..,,;ion is involved. Therefore the court below did not violate laws l l an<l 12. title J:J, partida 6, and I.he transitory provi,;ious of the Ci\·il Code hy so deciding." Now, then, can the l'ights of the plantiff be considered impaired and injured by I.he fact I.hat the tlcfen<lants ha\·e obtained the status of natural children, according t.o section 119 of the Code, by ,·irtue of the principle of retroactivity laid down in rule l of the transitory prnvisions of the Code? We believe not, because the plaintiff, as the elder daughter of 'Mijares, could not have been prejudiced. by the birth of the latter's other children, even if ha<l with another woman. All, as natural daughters of one sume father, enjo,yed and still enjoy, all the rights which the law grants them. and the one a;; well as the others have a right to life and to the protection of the law. As to their respecti\'e succcs.;or:i· rights, it has already been stated that they originate only from the moment of the death of their father, which took plnC"e when the Civil Code was already in force, and therefore tht• pro,·isions of the same are perfectly applicable to the succession, testate or intestate, of the deceased, as prescribed by rule 12 of the tmnsit.ory provisions of said Code. Jt must be borne in mind that a succrssory right is a mere ereation of positive law, which is always conformable to the principles of natural law, and the successor of a tleceased pNSon has no right to tl1c estate other than that established by the law and recognized in his f1n·or. This i,, confirmed by transitory pro,·ision No. 12. One of the rights conferrl'<l upon an acknowledged natural chil<l by section 135 of tlw Civil Code is that of receiving the legitime portion determined by the Co<le according to each case. Can this snccessory right be considered as having vested in the plaintiff, Con><olacion, prior to the dl'ath of her natural father in 1899? Cn<loubtcdly not, since she only had the expectancy of inheriting, a potential right which could only Oeeome effective upon the death of her father, and this in accordance with the Code, since natural chilclrl'n, ael'ol'lling to the former law had no right to a legitimr. (Laws 8 and 9, title 13, partida 6.) The cloctrinr laid down by the <lecision of the supreme court of June :!4, 189i, as well as the part of the Code, commissionel''s prefacr, liefore transcribed, support our conrlusion. If, therefore, the plaintiff had no vested right to the succes<;ion of her naturnl father until tlw latter's death, which occunrcl when the Civil Code was already in force; if the exc•rcise of saicl right did not depend on her will. and was a lllf'l"I' expectnn<'y until the death of her fatlier-a!l(l if successory rights and their respecti\'r extl'nt are to bf' go\'el'nt>cl b~· the JffO\•isions of I.hr Codr. under no possibilit~· C'all it bl' held that tlw d1•C'h;ion that tlw defendants are acknowlt>clged natural children, ma(\e by virtue of said arti<'le 119 of thr Civil Codi', giving- it a n•troactivr effect according to tll(' first of the transitory provi::;ions, injun•s or JffC'judicrs tl11' right of tl1f' plaintiff, h<'C'~rnse this right W;\S not vc'ltf'd or a<'quirNl until thr df'alh of hrr fathf'r, which took plare when the Ill'\\" C'oclr, in aC'C"ordance with the provisions 390 OFFICIAL GAZETTE wher('of the c1uestions at isstw in lhi;; litigation must be decided, was already operative. It is thcrefon· unquestionnh\C' that tlw five daughters of .Mijares and n·lfina N°l'I'}', tlw 1left•mlnnts in 1.his ease, have an equal right lo that of tlu• plaintiff a>< to the succession of their father as acknowledgc1I nutnrnl dilll,!!hll'r . ..;, und it is thPrefore nor propPl' nor just to cl('(·hHe ('onsolucion. the plaintiff, thC' soil' unfrersul Jwir of tlw ciN'<"Us('tl. or that shC' I)(' allowNI to takl' possession of all thl' prnprrty of tlw latt.<>r to the JH'ejmlice of lwr sistl'l'fi, Cnrml'll, Dcltinn. Engrncia, .:\faria, and Luz. Tlw rntiticatio1; of thl' dt'rision uppealrd from is proper mon•on>r iuitsmuch as the llefrndants have 1•xhihitl'd a will am! eodil'il which is s11id to have bcrn exrcuted b~· the late ::\'lijarrs, and tlw judge umdl' uo finding as to thr validity or invalidity of said docunwnts for the reasons stated in his decision. It is thm·l'fore, in our opinion. proper to um.rm thr 1lf'cision of April 11, 1903, with the costs to the appellant, without prejudice to such uction as th<' court ma~· tnk<', 11t the instance of either of the parties, as regards the will and codicil. Twenty days aft<'r th<' filin1!' of this d<'cision let judgmrnt be entered in confonnity thrrc>\\·ith und l<·t tlw <'<ISi' I)(' rrmaml<'d to thr lowrr court. Arellano, C. J., Cooprr. Willard, and McDonough .. T.J .• <"on<'111'. ::\lapa and ,Johnson, ,J.I., did not sit in this cnsl'. ./11dgmc11t a.lfirmeJ. BUltBAU OF UUSTOMS AND Il>DIIGltA'l'ION. ~n . .ti I. ~Jlul.11 irnlrr foul.~. d<'ron1-tcd: hou.w· deeornlio11.~. ::\IANll.A, .lpri/ J.;, J!llJt. '/'u ult col/el'lors of cuN/0111.~: The following is hereby published fol' the informnlion and guid111H'.f' of all <·onecrnNI: "In the matter of Protest No. :W5ti, fill'd ::\larch i, l004, by ::\lessrs. 8prungli & Co., against lht> (\(•eision of tlw ('ollN•tor of Customs for the Philippine lslarnls, aC'ting as Collector of Customs for the port of ::\lanila, as to tht• rah• and amount of dut~· (•harw•abl1• on et>rtnin uwr<'lmmli'w d(.,;<•ribNI in Entry Xo. l~-:J5/8, Vouclwr No. :10145, pai1\ ::\lan·h 4, 1904. ''Thi' <·laim in this easC' is ngain,.;l the elassiliC'alion of c(•rtnin so-1•alle(l 'i1s1wrsoria' or 'holy wat1•r fonts.' as 'house 1lec·orations,' under 1mrngrnph 2:1 of 1111' Tariff i{p\·ision La\\· of 1!101, at $0.25 pl'r kilo. gross wl•ight. iust(•ad of as 1\t•eoratrll 'hollow ware' under parngrnph l!I (</). nl $4.40 per 100 kilo;;. gross \\·pig-ht, as 1•11terl'cl. "'The arti<·h"-; in 1111C'stio11 an• about ;;cv<'n inC'lws in IC'ngth. an1I a1·1~ used to hoM 'ho]~· walt>r.' The,\' an• decorntt>d in colors aud oninnlC'ntal iu npp1·a1·an('I'. Tlw fact that an artiC'lc· nmy I)(' of use for 11 praC't.ic•nl or n·ligions puq)()sl' C'au not c\l'prin• it of its charnC'tC'l' as a 'hous" decoration' wl\('n it may bl' and is us('(! as an onwm1~nt or 1ll'C'Oration within a hou.'*'. )fony staturttC's and ornam<'ntal vasrs may IJI' used for practi<'al pm: posrs and yt:'t they are nont:' tlw less 'hon.'><' drcorntions' hC'C'ausr fhl'y may !)(' put to such a ns<'. C:roh•squr figurl's of vnri011s gmls ar<' frrqut:'ntly import<'•I from Oriental ports, but hav(' ll<'Vt·1· heen d<'cmed to be the less 'honsr decorations' on account of t\w 1\r1>p rrligious signifi<'lltion attaC'h1>1\ to tlwm h~· their de\•ot(>('s. "Protf•st Xo. 2flil6. on the gronnds ml'ntionrcl abov<', is tht'r<' forp ovrrrnl<'<I and drnied. (Rigm•d) 1-1. B. :\rrC'o,\'. AC'ting- C'ollrc•tor of Customs for the Philippine Islands." T-T. n. McC'oY. .4ctin9 ('ollrrtor of Customs for l11e PJ1ilippi11r falrrml.~. No. 412.-Materiul a11d s1ipprics imported by private company m1der contract -will!. .\"a-i:y 1Jepart11ie11t of the U11.itcd Sia-Ir.~ proridfog for (rec enlr!J llwrcof, dutiable. MANILA, 1lf1ril JI;, trJOJ,. 'l'o all collectors of cu.~toms: 'l'lw following is hel'eby publislH•d for the infornmtion 11nd guidanee of all concerned: "In the matter of Protl'st No. liili/, Jiled November ii, 1902, by the Atlantic, Gulf and Pacifie Compnny, ngainst the action of thr Colledor of Customs for tlw Philippi1w Islands, acting as Collector of Customs for the port of ::\lnniln, in C'ollectiug dutirs on certain commissary supplies declnrcd fol' duty on Entry No. A-12082, Voucher No. 16430, paid ~ovember 19, 1902. "The C'!aim in this ense is ngainst the imposition of any duties upon nn importation of certain commissary supplies by the Atlantic, Gulf and Pacific Compnny, in connection with its contract for the construetion of naval coal bunkel's at Sangley Point, Cin·ite. Free entry is elainwd, and it is ndmitted that if any duty is collectible, the proper amount has heen levied. "On Februa.ry 18, 1902, the Atlantic, Gulf and Pacific Company l'ntered into a eontraet, signed by H. ll. llradford, Chief of the Bureau of Equipment, ncting in behalf of the Navy D1· pnrtmcnt of the United States Gm·ernment, for certain work in the Philippine lslands. This contriwt prnl"ides that all materials and supplies- imported by the contnl<'tors, including commissaries, shall be admitted free of duty. The case, therefore, differs from tlmt set forth in Tariff Decision Cireulnr No. 336, in which the c•ontruct did not mention eommissaries, which were held not to b<' necessary to the execution of the contract. "Three points are rnised. First, thnt the contract should be given full forel' and effect, aceording lo its terms, rven though in d('l'ogation of the statut<- law; s<•l·ond, that the goods arc impol'ted from the United Stall's by a citizen of the United States, and thl' collC'ction of any duty th('l'l'Oll is nnC'onstitntional; third. that they arc 'in reality supplil's import<'cl by the United Statl'>' Covrrnment, for the use of the Na\"y and Insular GovNnm<'nt. am! arC' thf'n•forp free of duty, and that they ar1• iu fact hillrc\ lo this eompun,\· in the eare of tlw ~a,·y ]~quipment Bureau, ('avite.' "The first claim must be OV<'rruh•d, thl' law being parnmount to any and every contract. Contraets will be conslnted us far as possible to be consistent with the law, hut when this i;; not possible, it is the law und not the l'Olltl'lll't that is to hr followed. '''l'hc sPcoml claim must also he O\'(•nukcl. Tlw IPgalily of the <·ollection of duties on merdiu.mlise from thl' linited Stalt•s having been l·onfinned by the Court of Custom:-; AppPais. "T]I(' third 1•\aim is thrrefore Uw only onl' which is deserving of attention, and it presumed to bP int.rnded as it 1·laim lo l'XC'lll]ltion under paragraph :J85 of the Tariff Rrvision Law of IOOI, which prnvides as folows: "'Supplies imported b~· thr United Stntes Go\"ernmPnt for thr use of the Army, Navy. and 1\farin<'-Hospital S<'rvie<', or by tlw Insular Gm·ernment for itfi us(•, or thut of its snhonlinatl' branchl's.' "This parngrnph has IWf'll fr<'qtwntly ('Onstrned by this om('(', Rec Tariff De<'ision Circular Xo. :trn nip! casC's cit<'rl. Tlw Honor· able Secl'etary of War has express1•1I hi,.; opinion of til(' st•opP of this pnrngrnph in thC' following lnnguage: .. ·c-1111-11.1 "'\VAR DEPAl!T:\IE:>;T, "'Washington, Dccemb<'r :!2, 190.'!. "'::\fr DEAit Sm: A numb1•J' of instances have arisen invol\'ing tlw ('OJ~struction properly to be giv<'n to the pro,•isons of the Tariff lnws of the Philippine ArC"hipelago pC'rmitting the fr<'e C'lltry of suppliNl imported b~· tlw l'nitrc\ Rtates GovernnH'nt for the nsc OFFICIAL GAZETTE 391 of the ,\rmy, ::\'a,·y. and Mnri1w-llospital Scn·icr. In ordrr to ]ll"(•\·rnt. c·on:;tant rl'frrcnC"c of individual 1•asrs to the highrr offo·ials, I think it wpll to adopt genernl rules for determining th<' 11nPstion in\'oh·e<I. In my opinion thr prh·ilegc of frre l'ntry urnlrr paragraph :~85 of the Philippine tariff lnw, for nrtil'IPs arriving al n port of the l:o.lnnds. must be granted when it is nmdc to app1•a1· (I) thnl the articll's arc importl'd by the Unit<'d ·Rtatrs l:o1·rr1111w11L; (2) that the articles so imported arc 'supplir.s' "' ~· '° for ihl' usr of the Arm}·, ~1wy. rmd Marine-Hospital ('orps. "'l'hf',.;1• prl'r<>quisilr;; 11re l'Stablislwd when it appears Umt lhl' arlil'h•>< arc oflidnil)' fonrnrdC'd to a suhordinnll" hrnn<'h in il1r Philippinr Islands hy 01w of t]J(' srn•rnl drpartml'lll>i or IJ11rt>llll!:i (•on;;tituting thr administrath·C' orgunizntion by which tlJ(' affairs of tlw Army. Niwy, und }farinc-Hospilal Snviet> arc conducted, and arri\-r in t.hc l!:ilands h;-.• thc> usual means nnd through official rhamwl>< utilized by lh(• \Yar and Na,•y Dcpnrtments in dis· tributing supplies. ·'"\\"hat articles ,;hnll bC' supplied to the officer.s and men of the Arlll,\" and Na,·y of the United State!:i is to be dett>nnin<>d by th<' superior authorities of the military arm of thl' Unit<'d Stall's Uo\"l"rmnent, and their powers in that regnrd arl' not suhjr<•t to re\'iew by the customs officials of the Government of tlw Philippine Islands. "'Tf the GO\"('l"llment. of the rnited 8tatrs shall determinr to furnish any nrtfrle whatsOP\'er to on<' or all of thr officrrs and nwn in thr Arm~· ancl Nn\)'. :<U<'h artiC'l<'s upon bl'coming the propNty of th<' rnit<>d States, and arrh·ing in the Philippine Jslands, for deli\"l'ry, must be considered as 'supplies' • • • for the use of the Army and Navy and entitled to frer entry. "'Thl' Customs offieials of the Go,·ernml"nt of the Philippim· l;;hrnds are without authorit:;· to pill<'(' r"strictions on the use to !)(' made of the property wlii<'h the United States funishc>s to its militur:;· or narnl for<'es in the Philippin<>s; that us<> is presC'rihed h~· the laws of Congress and the Army and Navy regulations ""ELIHr RooT, Secretary of Wur.' "lt is e\'ident that these articles are not 'imported hy the C:o\'l'l'nment.' that they are not 'officially forwarded to a subor(linate branch in the Philippine Islands by one of the sPverul <lepartmC"nts or bureaus constituting the administrative organization by whiC'h the affairs of the Army. X1ffy. and :Marine-Hospital 8<'n·i<'<' ar<' (•onducted,' they do not uni\"C' in the Islands by the usnal means and through 'official chann<'J;;.' but both ('onsignor and consigne" are private persons and th<' goods arc imported h~· wn,\· Of tradf', The articles further are not to 'h<' supplied to t])(' ollirrs and men of the Army or Xa\"y of the United States;' tl1C' artic!Ps are not. haYe not been. and are never designed or intf'nded to hr. 'tlw property of the United Statf's' us is shown by th<' fact that they arc not carril"d upon an}' propert:;• l'f'turns of any Federal officer. nor does any Federal offil'ial <'Ver ha\"e to <H'<·o1111t to t11C" Governmrnt for thl'ir disposition. "Li,1!'ht is thrown upon the proper interpretation of para:.rrnph :!R::i. by thr provisions of th(' preceding Philippine Provisional Tariff, for example: "'PAR. 366. Exemptions and reductions shall in no case be ;!!'anted in favor of any induc;try. public C'stablishm<"nt. l'Orporation. so<'il'ty. ordt>r, or pl'rson, whal<>\"C'r their character. except as pro,·id<>d for hC'rf'in.' "'P.rn. 36i. Arti(')('s purchasrrl with th<' funds of th<' GovPrlllll<'nt of the United 8tates, for its usC', and mat<'rials of all kind;; inlrndl'd for works executrd hy tlw pro\"isional administrations. and not hy <'Ontraet, shall he exempt from duty.' "While it is true that these provisions are not now th<' law, beinJ! supl'rseded by tlw terms of the present tariff. yet nothing is brttC'r S('ttlrd than thnt tariff laws ar<> to hr construed as a pnrt of one system, and that in C'ase of doubt, the intention of the lawmak"rs may properly be deduced from prior enactments such as these. (Dwight vs. Merrit, 140 U. S., 213; Saxonville Mills v.~. Russell, 116, V. S., 13; Roosevelt vs. Maxwell, Blateh., 608.) "Seetion 2 of ti\(' Tariff H.evision Law of 1!)01, is consistent with these enactment:;. "Protest No, 1567, on the grounds mentioned above, is therefore O\"erruled and denied. (Signed) H. B. McCoy, Acting Collector of Customs for the Philippine Islands.'' H. B. McCoY, Acti11g Collector of Customs foJ" the Philippine Islands. Xo. 413.-Ncpara.lor used in a sawmill not dutiable as sawmill machi1w1·y-Decision of the Court of Cusloms Appeals. MANILA, April 16, 1904. 1'o all collcclors of customs: PARAGRAPH L The following decision of the Court of Customs .-\ppeals, rcndcrctl April 11, 1904, is hereby published for the infornmtion and guidance of all concerned: "'l1XITEll 8TATES OF A:o.IF.RICA, PHILIPPINE ISLAXllS, COURT m• CUSTOMS APPEALS. "'.lppeal fo t1w case of ff(/rncr, Ba1-nes & Go., Limited. ••[Docket No. 6.'iO. Appeal No. 600. Protest No. lOOI.] "DECISION. "Cnoss~·1~:LD. Judge: "'This case is before the court upon the appeal of \Yarncr, Barnes & Co., Limited, from the decision of the Collector of Customs for the Philippinf' Archipelago, overruling appellants' protest against the imposition of duties on merchandise from the United States and the classification of a steam separator as 'otlwr machine!"}' am! detached parts not otherwise provided for.' undC'l' par:igrnph No. 2:ji b, instf'iHI of as sawmill machinery, under parngraph No. 245 of th<' Tariff Revision Act. '"~Ir. Hartford Beaumont appeared for the Government. ":\II'. Carlos Young, for the appellants. "'Tlw e\'idence presented at the hearing tlisclosed that the "<'parator in qurstion is used in a sawmill and the appellants <'laim in conSC'<JUl"llCC' that it should ()(' classified for payml'nt of clut:;• lllHi<'r paragraph 245 of the Tariff' Revision Act as sawmill machinery in aecordam"¥ with thr terms of the decision of this <'ourt in cas(' No. 213. '·It doPs not appear, hm\·f'ver, that thC' separator in question is macl1inf'f;"i' necessar:;• to the operation of a sawmill, or that it is usNI in any way in preparing vegetable products of the Islands for the markets. as this court determined sawmill machinery was in thf' decision in Case No. 213. "The court finds that the separator in controversy, not being spc<'ificnll~· <'numeral<'d in the Tariff Revision Act, is properly <·llls!>ified a.o; 'other machin<>ry not otherwise provided for' under paragrnph b of section 11 of the said Aet. "The merC'handise in controversy was imported from the United Rt.ates and the protest against the imposition of duties on mcrC'handise imported from the United States was fully considered and the dC'cision of the court thereon handed down in Case Docket ~o. 8. That dt>cision is ~lpplicable to and is followed in this ca.se. "The d('<'ision of the Collector of Customs is affirmed. "No costs to either party. "A. S. CROSSFIELD, .fudge. "I concur. "FF.LTX M. RoxAs . . fud,qc." PA!t. TT. Tn <'Onnection with the above decision attention is invited to Tariff Decision Circulars ~os. 14. 156, 187, 188. 292. 311, 328. 374, and 382. H.B. McCoY, Aetin.g Collc{'for of Customs fo1· the Philippine Islands. 392 OFFICIAL GAZETTE ~o. 414.-001/(,11 /u//r: /accs-/Jcci.9io11 of Co11rt of Customs 1ippcals. ~IANILA, 1lpril 16, 190.~. 'l'o all collcc/01-.~ of cus/11111.~: PARAGRAPH I. The followiug !l(•cisio1t of llw Court of Customs Appeals, rendered April II. 1904. is hereb~, publishe!l for the information and guidance of all c•om·crnNI: '"l:X!TIW ST,\TES OF A;>.fEIUCA, PUILIPPIN"E ISLANDS, COt1RT OF Ct:STOMS APPEALS. ··-·\pp1·11l i11 tlw emu· of Hd . . L J(cl/cr & Co. "[Docket Xo. li.">8. Appcnl :'\o. li08. l'rotcsl !\o. l!H9.] ''DECISION. ··HoXAS, Jmlg1·: "This ca>:r is before the> court for tri;\I upon tlll' appcal of E~l. . \. K1•ll<'r & Co .. from tlw dl'C"ision of the> Colh•l'tor of Custom:< for tlw PhilippinC> Archip<>lago, o\·crrnling- nppcllunts' protu.-t against tlw clas,.;ilication of C'Ntnin cotton tcxtil<'s as h1t•('s. less lh<lll lwC'nty-lkC' <·l'ntimeters in width. under pnragl'<IJ>h 127 (c). instC'ad of as cotton tnll<'s Ull(\<'r pnrngrnph 126 (b). "'l'l\(' dutiC's. amounting to $;')0;i.14. wl'rc pnid )[arc·h J-l,, rno:J. "l!lr. Hartford Beaumont nppcar1•cl for ti!(' GovC'rmnrnL ":\l<'ssrs. Ed .. .\. Kl'llcr & Co. appl'al'<'d on lhdr own hl'hnlf. "Tlw l'asC' as prl'SC'llil'd (lisclosC's that: "(I) Th<" nrth·IC' in q111·.~tim1 wns shippC'tl to tlw appl'llauls from Li<'psig. Gl'rmany. ns 'ph•(•('s of white eotton laces C'mbroiclNC'd on the loom.' ''(2) Thf'SC pi<'ees arr of tullf' <'111hroid1•rC'(\ on thC' loom with Pmlll'oidl'ry 0running thc h·ngth of th" pi('C'<'. am! IC'ss than twcntyfirr erntimf'tf'l's in width. '' ( :1) Thry ar<' lacC's mnnufacturf'(\ on a haC'kground of tulle. "14) Thr <·ommon use of the nrticlr in qtwstion is t1111t of Jae<'. '·From th .. nhO\"l' it app<'ars that t.lw rmhroid<'r.'· on th<' loom in thf' goorls in question is of ><nrh a natm·r as lo rrJl(ln th<'m picrcs of tulle lace, of lrss than tm•nt~--fiw C'<'lllinl('t<'rs iu width 1•111hroidcrrc\ on th(' loom in mw pi<'f'P. :mcl for tl1is reason they shonld pay rluty nncll'r paragr;1ph 127 of thr TarilT rf'fnring to lacC's of all kind><. Ll'Ul'r (', iu l"<'f;lwd to width. "Thi' cll'rision of thr C'olll'l'tor of Custom" is th<'r .. forr affirmNI. "'.\"o c·osts to <'ithrl' port,\·. "l•'ELIX 1\f. RoxAs, .fudgr. "l c·oncnr. "A. ~. CnoMwn:Ln . . fudgP." J>A11. II. Tlu• :ihm·" d<'rision affirm>< till' ~ll'('i.~iou of this Offi<'r puhlislwd in T11riff l>l'<'ision Cirl'ular ~o. :14!). H. B. McCoY, A din.fl f!ollrrlor of Cru!/01118 for /Irr Philippint> bland.~. No. 415.-r.im ror<T.<J or rifle <'fl8f'.<J; dass1'.fication of. :MANILA, April 20, 1.90.~. 'l'o flfl co lice I ors of custom.~: Tl is hnPhy rulrd that 1!1111 covl'rs manufacturrd wholl;r of l1·atlwr, if C"ovrred with leather. or if leather is the <'omponent m11tNial of chirf value. shall he c•lassifird undn paragraph 229. at 60 CPnts per kilo. nC't weight. H. R. McCoy, I rlin._q r!ol/P.clor £J( Cu-~lonrn for lhe Philippine lslrmd.~. No. 4W.-Roofing point.~. MANJJ.A. A pl"il 22, lfl(} ',. 7'o af/ collectors of custom,q: The following is hereby publishf'r! for thr information and gnidancP of all concerned: "In thf' matter of Protest No. 2415, !Herl Sept<'mber 5, 1903, by ]\J('ssrs. Mmphy, Morris & C'o .. as agrnts. for the California :\[aniln LnmliPr ('ommercinl Compan~·. against th<' decision of Uu• C'olleelor of Customs for tlw Philippine Islands, acting as <"olll'etor of Cu,;toms for thr port of )lanila, as to the mtc aJUI amonnl of 1luty ('harg(•ahlt' on l'(•rtain mNcluindisC' described in Entry Xo. A.~2);)0, \'onchl'r ~o. 747!J. paid 8<>ptemher 3, l90:J, "Tlw C"l11im in this (•as1• i . ., against the classification of certain ,.,o-c·nll(•tl roofing paints. as 'nrtificinl ('o!ors of metallic bases, prl'Jllll'l'd in oil. l"l'ady for use,' undel' paragraph 84 (d) of the Tariff Re,·ision Law of 1901, at $5 prr 100 kilos, plus n surtax of ;)0 JlC'I" cent., instead of as 'mineral pitch.' under pnragraph i, at $0.10 per 100 kilos. "Thrcr kinds of fhlint are covered b,\' this protest, sampll's of \\·hid1 \\'<'!'<' forwarded to th<' Rnreau of Government Laboratori<'s for anal~·sis. The report of the chemist shows one t.o ])(' asphalt dissolved in minl'rnl oil (high boiling), another asphalt dis:-;olw•d in benzol. and tlw third asphalt dissolv<'d in minl'l'al oil (lo\\" hoiling), and that thC'~' arc not of metallic hasl's . "Tlwn• an• !in• ,.,11ggrstC'd dispositions under as man)' diffc1·('nt paragraph>< of tlw tariff which must he considered in arl'iviug at tlw prop<'r (•lassification: "1''ir.~f. Paragraph 84 (d) as artificinl color'! of metallic bast•.s (•it l1l'r lw spl'C'ifif' prnvisions or h)' assimilation, as rC'tunwd. ··.~('('rmd. As mi1wral pifrh umfor pnragraph 7. '"l'/1ird. l'rnll'r pnragrnph 10 as mineral oils uot spf>ci11ll,v 111·m·id<'(\ for. "l-'1111rll1. l'mll'r par:1grnph !l7 as chemical protluels not spe<'ially u1C'ntioned. "l"iflll. Parngrnph :105 ns unc>m1merntcd arlicll's not cruclc 1rn1terinls. ''Fir81. Th" <'lns><ifi<"ation as returned is unclonbtedlv incorrl'<'l, for the paints HI'<' not of mrtallic basC's, nor ar<' tl~cy used 01· known as colors. ~either cnn th<'y bC' assimilate1I to colors for 1.lu•,\' arl' not similar thereto in eith<'r matC'rial. qnalit~'. trxtm·<'. or lhl' \ISi' to whil'h they mny be applil'd. •·,<;:rcond. Tl\('y arc not minc>ra.l pitch. nor ;ir(' tlw.\· so known l'ilhN popnlarl.v or <'Ollllll<'l'dally. hut hav(' h~· a proerss of nu11111faC't111·" hl'conw 1ww and clistinC't arti<'lrs of commrr<'l'. Furth('r111orc., thesr paints l'ontain no minl'ral pifrh. hut. an oil mixc(\ with 11sphalt. '"/'biJ'(f. Xor shonlcl th<'y hl' (•]assificd umll'r parngraph 10, for thr r<>ason ahov1• statPcl-thnt the,v ha''<' by a proel'ss of manufacfnrl' Jost tlwir irlrntit~· ns minnal oil :md hf'l'Omr rrc·ognizl'd us clistinctivr artic·lC's of l'omnwrce. bought and sold as paints, and so known hoth popularly and commerciall~·· "Fourtlr. T\w~' ar<' not ch('miC'al prodncts. for no elwmical <"hang<' is prndm·Nl in thrir manufaC'tnrc>. the l'hcmical prnpcrt.ies of ra"h ron.~tifl\('nt material hring unchanged. ·'fi'ifOL Parngniph :165 is thr on!~· paragrnph of thr five stntC'd l.hat r<"mains. Thnt paragraph C'ontains an a('('nrate description of thr go01!.~ and it follows that classification thercnndcr is propn. "Thr claim of thr> importer is not .<;ustained and t.hC' prob•sl mm•t ])(' ovrrrnlcd, notwithstanding that the clnssifi<'ation rctnrnc(\ is likrwise found f'rroneous. "Prntrst No. 2415, on thr ,!?rounds mPntionrd above, is therrforC' ovrrrulerl and deni<'(L (8igned) H. B. :McC'o;v, Acting Colll'ctor of Customs for the Philippine Islands." H. R. McCOY, .1cfi11,q r'olfrclor of C11.~foms for t11c Philippine f.,lanifa. No. 417.-0rnnmf'n.fal pin.~. artificial fi01rpr.,. MANILA, April 22. 1.'1(}.~. 'f'o al/ cnllrclorn of ru8fnm8: Thr following is herrb~, publisherl for thP information 111111 guidnncr of nil roncE"rned: "Jn the mntt<'r of Protest No. 2668. filed November 25. 1903, by M('ssrs. ~prnngli & Co .. against thr rlccision of the Collector OFFICIAL GAZETTE 393 of Cu-.lom" for tlH' Philippi1w Islands, aeting ns Collector of l'ustoms for tlw p01t of '.\l:rnila. a,; to tlw rnt<' and amount of d11ly (0 harg1•11hl1• ou l'l'l'lain 11wrc111111disc> d('s('l'ihN\ in llom\C'd \\"ar('hou;;c Entry No. A-!14i:~, Bond :!>lo. 1184, liquidated No"'-'lll· ht•r 23. HIO:l. "The claim in this east• is against llw "lassification of Cl'rtain 01·mu11c•11lal pins a;; 'ariifidal Jlo\\"C•r>i of all kiuds,' unclrr par· aµn1ph a.:50 of the Tnriff Hcvision Law of 1!101. ;1t $2.!iO per kilo. i11sl<>1Hl of 11s 'trinkets am\ orm1mC'!lts of all kind><,' uwlC'l' parngrnph ;j .. UJ, at $1.25 Jll'I" kilo, as now <'lainwd. Th<',V \1'1•re 1•ntNcd as 'wrought cc>lluloid,' n11tln 1mragrnph 342 (b), 'b\· mistakl'.' ',,The pins in q1w,.tio11 han' hrns,; shanks Hlltl small flowers with pt•lals of c·olor('d c·c•lluloitl. in the ccntcr of \1·hi<·h arc small beads of c·olon'(I glass. 'l'IH' eclluloid is thc c•ompo1wnt matcrial of chief \'nine. ;'Parngrnph :liiO provit\c;; for ·artificial flm1·er;:; of all kincls:' paragraph 340 pro\'ith•s for ·trink1•t,.; and ornanwnls of all kinds rxcept thosc '°' .., • in whirh tlw Jll'l•dominant suhstanc·e i" ,. ;> • celluloid " • ... ,. Tf the pins in que;:;tion are 'artifi<'ial flowers' tlwy must Ill' 1•las,.;ifird 1111cl1·r paragraph ;J:)O; for tlw provision in this parngrnph is mon• "Pl'Cifi<' than tlw provision for 'trinket;; mu\ ornamrnb.' or for 'ccl\uloid wronght.' "''Vlwre thNc lll'<' two distinct pro,·isions of a tariff ad. <'illwr of which might. appl,I' to ail importecl artiele. it mu,.;t he h<'ld dulinble unclt•r lhnt om· of tlw two provision,.; which is 1110,.;\ specific in its ehara<'ler.' {('~in';; .Judicial lnt<'qir1•tatio11 of Tariff Aets. par. 27. p. 14.) "fn 'fr<'asmy 0,rcision No. J..l.fl:JA. Ii. A. 2.l(ii, similar nrticlrs \\'ere heh! to hf' artificial flowers and dntiah\r as ,.;\H'h: "''fhc artit'ies con•red hy this protrst 11re known iii tradt• as hontonniere><. !'his bontonnieres are composrd of e<'llnloic\ ;Hiil nrr in the form of rm•Pht11ls. The~· are eolorerl anrl han• nwtal ,.;lmnks and arr 1Je;;iJ!tll'd arnl inh•ndt•d to IM· worn in tlw hntton· holc•s of tlw Jape>];; of coats in th(' same lllllllnf'r ns n J!enui1w roo;;rbml would be worn. "'The Col11•etor classifiNl thcst' 11rticlt•s as artificial llowl'l'o;; and assei:;sed dut~ thrn'on at 50 Jll'I' cent nd Yalorrm unci<'I' para:zraph 443. We think the clc>dsion of thr f'ollcC'tor waf< eorrect and nffi.rm the same.' "At all e:vrnts, the protest c•an not. lw sustained, hrl'an,.;r trinkrts nml ornamrnts in which thl' prl'<lominant suh;:tnner is erllnloid are rx<'mptl'd from clas.;;ification 1111d1·r paraµ-mph 340. "Protl'st No. 206R. on the grounds m<•ntionl'rl :1hovc>. is tlwrrforr ovenukd and denird. (Rignetl) H. R "i\feCoy. Aeling Col lrrtor of Customs for the Philippine fa'lands.'' R. R. J\JcCoY, Acli11y Coll1·etor of f'uslom.~ for tllf' l'hilippin(' lslu11rls. Xo. 418.-l"ruil syrups or .~yri1p of rrt1H' nud fruil juicrs: {lanJ1·i11f1 rxtracts. )fANILA, .1.pl'il 22, 190.~. 'fo nil coll cc/or.<; of customs: Thr following is hrreby puhli.io:hf'rl for thc information nm! guidance of all concerned: "In thr mattrr of Protest No. 231i. filf'd .July 2ii. HI03. h,\' )h·. Enrique Rpitz. against thr deC'ision of the Collrl'lor of Customs for the Philippine Islands. aC"ting ai:; Collector of C11sto111s for thr port of "i\fanila, as to thl' rate nnd amo11nt of rlnt,v chargeahle 011 l'Ntain mrrrhandi;;e clrsrrihed in Bntr~· ~o. A-340, Vouelwr ~o. 2i64. paitl .T11ly 24. 1903. "Thi' C"laim in this easl' is against tl11' clas!'lification of certnin s,Hups a~ 'flavoring extraets,' undn paragraph 327, of the Tnrilf Rrvision T .. a11· of 1901, at $0.25 per kilo, instf'atl of as 's:i,•rnp of cnnr.' nmlrr parngraph 337, at $1 per 100 kilos, gro!'<s wl'ight. "Tiu• syrups in question an• manufactured hy combining with 1789!)--3 ><yrnp of cane nuious fruit juices or flavors, thc resulting product bring perhaps !JO per cent saccharine matter and IO per cent pure frnit juice. "Paragrnph :1:n provides for syrup of cane, honey, and molasses, hut does not include new and distinct articles of commerce made from snch materials. Syrup of cane rnuy rn~ th<! base of the syrups in question, hut by the addition of fruit juices or Jla\'ol's, a new ancl (listinct 11rticle of comuwrer \ms hrcn produced, namely, 'fruit S}'l"llp:".' "The rxclusil"e 11s1• of s1l<'h syrups is a" a l\avol'ing um\ tlw~· should be cbissifi<'d as ;flavoring extract>;,' either direct!~· or b~· a><similation, tlw 'use' hcing i(lentical. "Protest No. 2317, on the grounds mentimwd above>, is therefore> ovcrrulecl and drnierl. (Signed) H. R. ;'lfcCoy, Acting Collector of Cu,,toms for the Philippine lslnmls.'' H. B. McCOY, Acting Collector of Customs for llw Philippine Islands. Xo. 4l!l.-Co1mlr,11 of cxporl<1/io11, ra.luc in principnl markcls of. ).fA:'l'ILA, April 22, 190-1. 'J'o rill <:of/re/or.~ of cu.~lom.~: Thr following is hereby published for the information and guiclanc<' of all eoncerned; "Jn the mutter of Prote><t :\o. 2421, filrd September 9, 1903, h,v l\fpssrs. Ed. A. Kl'll<'I' & Co., against thl' decision of the Coll<'<'tor of Customs for tlw Philippine Islands, acting as Collector of C'nstoms for the port of :\lanila, as to thc rate and amount of duty chnrg«>nble on crrtnin nwrclumdise dl'scribed in Entry :-l'"o. . .\.-:Ji52. Voueher ~o. ifl40. paid Reptrmber i, 1903. "Thi:-; prot<'st is again the a1lditio11 of CC'rtain items to the i111·oice and enter<'d vah1rs of certain woolen and certain silk ll•xtiles exported from the port of Liverpool, England. The invoices are dated at Zuril'h. Switzerland. "The woolrn textiles in this ease originated in England, the prit•es being English currency, and w<'l'C shipped 'f. o. h. Lil'erpool.' In Tariff Dl'cision Cireular Xo. 37fi it wns h<'ld that similar items, acld<'d under similar circumstances, nnd for a similar purpose, W<'re not properly tre>ated ns elements of the dutiable value of imported mcrclmndise, and this portion of the protest is therefore snstnincd. "The silk textiles in question originated in France, the currency of the in\'oi<'e !wing francs. and were shipped from LiYerpool, England. Rretion I ii of the Customs Administrative Act provides that dut~· 'shall h<' asspssed upon the actual market value or wholesale price of such merchandise as bought and sold in usual wl10!Psall' qnantitil's * * * in the principal markets of the country of rxportation.' As thr merchandise was exported from Liverpool in tl1is l'ase, England was the eountry of exporta.tion, arnl the 1·alul' on which dut~' must be assessed is the nctual mnrket value in the> principal markets of England. "Although the merchandise may have been shipped 'f. o. b. Linrpool.' and although thf' trnnsportntion charges may have bc•<'n ineluded in the invoice and entered vnlue, such value is not sufficil'ntl~, high to rl'lpresent the actual market Yalue of similar merchandisf' in the principal markets of England. From tlw papPrs in th<' case. which have bel'n sworn to be true and em-rr<·t. an1l the rorrretncss of whic·h <'an not now he impeaelwd. it dors not apprnr tlmt the silks were shipped from i:;orne port or pliH'r in Francr to the Philippine Island!'!. but, on the eontrary, the port of rxportation is stated as being f,i\'('l'pool in hoth the inl'Oic>l's and hill of lnding, where thr voyage of importation actual!~' C'omml'need. The appraisrd ·valu<'. which l'C'p!'esents thr a(•tnal 1m1rk<'t vnlue in tlw principal 111arkrt~ of F.nglaml is therefore found to be <'orrect. "Protrst No. 2421 is ther<'fol'f' snstninP<l a~ to the valuation placed on the woolen textiles, and n refund is ordered in the sum 394 OFFICIAL GAZETTE of $5.5i, t:nitl'(l Stat<'s l'UITC'nC'y, ;md is ovcrru\C'd and cl<'nird as to the Yahmtion plac1•d on the silk textiles. (Signed) H. B. .\fcCo,v, Ading Coll<'ctor of Customs for the Philippine J..:;lun<ls." IL B. l\foCoY, Acting Coll<:ctor of Customs {or the Plr.ilippi11c lsfmuls. ~o . .t20.-Wll,fcluu1m's clocks. llANILA, .. tpril :22, HOl 1'o all collector.~ of cu.~toms: The following is hereby publishct\ for the informalion and guidance of all concerned: "In thf' mattl.'r of ProtC':<i ~o. 2il:J, tiled Dcccmlwr 14, 190:1, h,\' th<' l\lanila R11ilway Company, against the decision of tlw l'o]]('l'lor of l'nstoms for the Philippine Islands, acting as ColleC'tor of Customs for the port of :Manila, as to the rate aml amount of dut,\' chargeable on certain mPrchandis<' dC':-;cl'i\J('d in Ent!',\' No. A-9968, Voueher No. l955i, paid December 12. l!lOa. "Th<> claims in this case Ill'<' against: ''Fir.~t. The collection of uny duties. by reason of th<' 8puni:-;h rnyal dccr<'e of August 6. 18i5, grnnting exemption thrn>from on nmteriuls and supplies imported by the protester for u period of tC'n ,\'ears aftRr completion of the road. Seco11d, the C'lassifkation of certain watchmen's clocks as 'oth<>r machinery of coppC'r and its alloys.' under paragraph 2:ii (a) of tl1e T;irilT Revision Law of lf/Ol. at $4 per 100 kilos not less than 20 per CC'llt iu\ ntlorem. the luttC'r rate prevailing. in,.;tead of tlw works nuder parngrnph 2:l!) (b) at $0.50 each. and the case under paragraph 196. at $15 pl"r 100 kilos, as entered. "First. It\ Tariff Decision Circular No. 225 it was held that as th<' road \\"HS completed on Nonmibcr 21, 1892, whatever rights of C'XC'tnption the protester might have had have now expirNL This portion of the protest is therefore overruled and denied. "Sccoml. The clocks in question arc rather large, they han• teak-wood cases, and ordinal',\' pendulum movements. They arc fitted .with twenty-four-hour instead of twelw·hour dials, and on th<' top of the eases are brass knobs. which, whenever presspcl, rl'gister the hour and minute. The articles are C'leuly doC'ks. ThC' fact that certain appliances arc atta.chC'd for the pmpose of r<'gistering time is not sufficient to divest them of their eharactC'r as clocks, nndC'r which designation they are known both popularly and C'ommercially. "The clock schedule of the present ta.riff is only understandable on the theory that it was intended as a substantial reenactment of the corresponding sections of the Spanish tariff formerly in force in these> Islands. In the light of that tariff, it is clear that all works for clocks not otherwise pro\•ided for arc dutiable under paragraph 239 (b). "The method of arriving at the weight of the works prescrihrd in paragraph 2li. Note (c), second parag-nlph, of the Unitt>cl States Provisional Customs Tariff and Rrgulations in the Philip· pine Islands. will be followed. and 'the works and the dial will be reC'okned as weighing one kilogram.' "Protest ~o. 2il3, on the J!l'Ounds mentioned above. is therefore ;;ustainC'd, and a refund ord<>red to the importer in the sum of $43.:15. United States cunency. (Signed) H. B. McCoy. Acting Collector of Customs for the Philippine Islands." H.B. McCoy, .lcting Collector of C1l8tom.~ (01· llte Philippine Islands. No. 421.-/<'ountadn pens; classifica-tion of. MANILA, April 23, 1904. 'ru all collectors of customs: Tt is hereby ruled that fountain pens of all descriptions shall be elassified under paragraph 365. at 25 per cent ad valorem. H.B. McCOY, .lcting Collector of Customs (or the PhiUppine Islands. No. 422.-.lars of ordi,11a/'y ylus...:, vuintcd and gilt; cla.~8i/ication. MA:'\'ILA, :1JJ1"il 29, 190.', . 'l'o <Ill collectors of customs: The following is hereby pnhlbhed for the information an<I guidance of all concerned: "In the matter of ProtC'st No. 2;J25 .. filed July 30. 1903. by Messrs. Ji;d. A. Keller & Co., against the decision of the Col· lcctor of Customs for the Philippine Islands acting a:-; Collector of Customs for tllC' port of :Manila, as lo the rule and amount of duties chargeable on certain mcrchamlise described in Entry No. A-8!19. Voudwr Ko. :1165, paid Jul:r 28, 190:1. "The <·laim in this case is against the classification of certain jurs as 'arti(']C's of glass imitating crystal' nndm· paragrnph 13 (a) of tlu• Tariff Revision Law of 1901, itt $12 prr 100 kilos, not less tlu111 :!O prr l'entum ad valorC"lll, as <>nterrd. inslrad of as 'common or onlinary hollow glasswarC'' under paragraph 12 at $0.80 per IOO kilos. not lC'ss than 20 p<>r centum ad rnlorem. "The jars in question arc both painted and gilt. The Court of Customs Appeals held in the matter of Docket No. 6:37, Appeal No. 597 (de<•ision nnpuhlisll<'d) thnl similar jars were not manufactured of glass imitating crystal, but ordinary glass of good quality, and that thry should therefore ha\•e been classified under para~'l·aph 12. The j:lrs Lefore the t~ourt in that case were undecornted, but in this case the painting and gilding a1·e sufficient· to rC'move such articll's of glass from the category of 'common or mdinary hollow glassware'. As they cannot be classified nnder pamgrapl1 13(a), they arc properly dutiable under paragraph 16 (d), which pl'O\'ides for 'otlwr articles and manufactures of glass rillwl' cnt. engraved, painted, enameled, or gilt.' "Claim was originally made for classifiaction under paragraph 16 ( b), but subsequent],\' the protesters stated that the claim under this paragraph was an enor, and that their claim should have been made under paragraph 12. The protest was amended accordingly, and as no claim is now madC' for classification under paragraph 16 (d), this Office is unable to grnnt relief. "Protest Ko. 2325 is. for the reasons mcntionecl above, ther<·· fore O\'C'rruled and deni('(l. (Signed) H. B. Mc('o~'· Aeling Collector of Customs for the Philippine Islands." H.B. McCoY, .-lcting Collector of Customs for /he Philippine Islwuls. No. 42:1-School/Joo/,;s. )L\NU,A, ,!pl"il ,?!}, 19().}. 'l'o all collectors of customs: The following is IH'J'(•by pnbli:-;hed for the information and guidance of all concen!<'d: "In the matter of Protest No. 2!)i8, filed :March 15, Hl04, by '.\[essrs. Henry \\'. Peabody & Co .• against the decision of the Colleetor of Customs for the Philippine Islands, ;tcting a!:i Collector of Customs for the Port of :Manila. as to the mte and amount of duty chargeable on certain merchandise described in Entry No. R-45i5. Voucher No. 31126, paid March 12. 1904. "This pl'otest is against th<> assessment and collection of cluties on certain hooks imported by the protesters for the Educa.· tional Department of the Insular Go\·ernment. frc<' entry h<'ing claimed uml<'r paragrnph :182 (b) of ti!<' Tariff R<'vision Law of 1901, which provides for 's(•hoolhooks.' Th(' books WNP <'ntrrrd under parngraph 390 (a). which provid<'s for 'philosophical. historical, economic, and scientific books. imported in good faith and for the use and by the onlcr of all,\' eollege, aeademy. school. or seminary of learning in the Philippine> Islands.' hut this elaim for rlassification has beC'n a.bandonC'd; they \\"<'l'<' as"<'·""<'d for duty under paragraph 180. at $3 per 100 kilos. "The books in q1wstion ronsist of fiO eopi<>s each of Robinson Crusoe'. J,ast of the l\fohienn,;, Rwiss Family Robinson, Ivanhoe, OFFICIAL GAZETTE 395 01rnl 8kctcl1 Book (Irving). The question which is presented is wh('ther books of this cfa!:iS may be considered as '»choolbooks.' l "pon inn~stig-ntion it has b{'{•n ascertained thnt !>Uch books ill"(' not for 11,.;l' iu sel1ools, but are imported ns parts of libraries for tC'aclwrs throughout the Ishrnds. The fact that they are im· port1•1l for thl' Educational DC'partmrnt does not rstablish tlwir idl•ulil~' as sehoolbooks. A linr may be dnnn1 bch\·een books whid1 arc merely lih•rnr;..- \\·orks and books which are solely for the purposl' of instruction. While n \\"I'll-written literary production may be edm•atimml. Pitlwr in the scntinwnts conveyed or in tlw form aml st,,·le of tlw lim:.::ungr 11,;C'd, such hooks arc not primnril,\· usl'd a,; hooks of iustnwtio11, or nl ll'nst. 1ll'P not primnrily pnblislw1I for 11sl' in ,;ehools. aml an· not l'mhrn<'('d within tl1l' tNm ·,;choolbooks' in populnr or c•ommNcial lnnguai.-'l'. "Proh•st Xo. 29i8. on tht• grounds mentioned abow, j,; thC'l'C'foJ'I' O\"PJTuled :rnd 1l(•nil'cl. (8ig1wcl) J-1. B. :\IcCoy. Acting- ('olkc•t01· of Customs for tlU' Philippi1w lslarnls." IL B. ircCoY . ..ldiuy Col/cdor of r11.~tom11 for tlw Philippi1w /.~lrwd.~. Xn. -12-1.-/'oinfrr pufrs 110/ ''{1•<1llu'rN for on11111w11/s;" rfll.~sifica lion of. '/'o ull t·o/frclors o{ r:11s/0111.~: Thi· following is hl'n·h~· pnblislwd for th<' information and gni1l· :Ul!'I' of nil ('01\('l'l'l\ce\: "Ill th<' llHlltl"r of l'rotl"st ~o. 281il. filC'd Ft•lmmry 2. J!)0-1, h.v :\[e•ssrs. Ed . .-\. K<'llf"r & Co .. against tlH' 1h•t•isio11 of tlw CollC'l'lor of l'nstoms •for thl' Philippilll' Islands. ading ni- ('olll"clor of l'ustoms for till' porl of :\lauila, as to lht• rate aml amount of clnt,\· 1·lmrgt•ahl1• 011 et•rtain merl'handi.~e desrrilw•I in E11tr~· Xe), .\-1..J.lil, \oudwr Xo. 25044, paitl ,January :Ill. 1!10..J.. .. Tlw <'laim in this C"ase is again,.;t the (•]a,.;silication of l'l'rtain powd(•r puffs a,.. 'fpat\wr.-; for nrnauu•nt».' mul1>r paragraph 2;m of tilt' Tnriff Ht•\·ision Law of IDOi. at $i.:i0 JM'r kilo. as l'lltNNl. iuslc>atl of n.-; ·othN fpatlwrs.' under paragraph 2:H, al $0.!iO )IC'!' kilo, 11s now clainwd. ··These pO\nlc>r puff.-; are s1wh as are or<linnril,v nsNI by \1·011wn and an• composed of 1lown, hoiw. i-.ilk. :me! raw cotton. the> Hr.-;t m111w1l being tlw 'componPnt nmtPrial of chit>f vahw.' Tlw pnrn graphs cited above rl'a<l as follO\n;: APPOINTMENTS. By the Honorable Civil Governor. Mariano Cui. judge of the Court of First Instance al largP. :\lareh :l. Provinces. :'lliunil·1• \\'. Tutlle. prnYincial :-iupl'rvisol', April 23. PPdro l'at•hN·o. acting pro\'incial s<'creta1·y, May la. Frank C. Cook, justice of tlw peace, Digos, April 16. PPt<>r Her1lin, justice of the pcaee, Piso, April 16. l•'nmk Hp<'lM•r, justk·e of the peace. Hamal, April Hi. \"idor .:\lfonso, acting provincial secretary, ~fa~· i. By the Civil Sel'vice Board. Rxccutive Departme11l. EXECUTIVE DUBEAU. Lonis K Cilober, c)('l'k, May i, $1,200; probational nppointmeut. Haf~u·I Escosa, d~rk. l'l'lay :.:!, $300; prnbational appointment. Charl1•s K ,Johnson, t•Jprk, .May 9, $1,200; probational appointllU'nt. IH"llt:AV OF Tilt; IX8t'L1\lt l'UllCllASIN'G AOEN1'. D. H. Wadlington. ('h•rk. Mn~' I. $1,400; promotion from .·\lbNI Ellis. supr·riutt•ndent of trn11sportation, :.\fay I, $1,600; Jll'lllllOtion from corral hos.~, $1,200. 1Ja11i1•I .J. Hing. (•ll'l"k. Februur~· 18, $1.400; promotion from Ull'UO\'EMENT 01'' 'l'llE POltT OF MANILA. ..\. ,/, Bahlmg<'. foreman, Jmw I, $1,400; promotion from $1,200. ('. ~ .• \lt•llam, O\'C'l'St'l'l\ June I, $1,400; pl'omotion from $1,200. Lois l:uyn, subinspt>ctor, .June I, $1,400; promotion from lfil,200. ·· ·1•.\11. 2:m. Fl'atlwrs for ornauwnts. in their nat11rnl .-;tatl' :\fnriano Serrano, timek<>eper, Mu~· 1, $480; p1·omotion from or manufacturC'd, X. \\' kilo $:!.iiO assistant timekN•(K!r, $420. "·P.\R. 231. Other fratht>rs anti fl'athN tlust(•r.-;, N. \\' .. kilo .:iO' "lt i . ..; quite C'YidC'nt that the· dassificatiou n•t111·1wtl was improper, as hy no means of logiC'al rC'asoning ('all pow1lt•r puffs IM· tn•atPel a-; or pla<'e<l in th1· same cal<'gory with ·ft>alhcrs for ornnml"nt...;,' Paragraph 230 is l'onlhwtl to lh1• e·las-; of feathers lwrC'inhC'fore 1l('s(•l'ib1•el. while parngrnph 2:H tn•al,; of 'oth('I' ft•ath· t•r,.; and featlwr dustCl's.' and tlw wording in tlwsP two paragraphs i» all that the tariff law contains with n•fl'\"t'lll'<' to this r\ass of 111C'n·haJl(lise. '·Thr poml<'r puff in question is admitt('(l\y a manufacturC', but it. will ht• s1•1•11 hy rC"fcrcnce to the law that the onl~· nuumhwtm·rs of f~·atlwrs whirh art• C'nunwratcd in paragraph 2:H are 'ft>atlwr clustl•rs.' all(! it is (•Ntainly sonwthing more than 'otlwr fl'allwrs:' i1. is a distinct and \\'l"ll-k11own artiel1• of commC'r<"t'. ::\1or cau it he assimihltC'rl to featl\C'r (lustc•r.-;. as the imporU.•r .-;ugi.,'l'sts. HPcoursc must tlwrC'forC' hr had to pargrnph :rnn. whil'h 1·overs '1111 otht>r goods. merl'harnli.~C'. wan•s. arnl l'fft>l'ls not otlwnrisl' 1•1111· ll\t>rHlNI or provide(! for.' "Proll'st ~o. 28Gl. on tlw gTO\lJl(ls nwntiO!lC'I) aho\'t', is thl'rt'fnr<' on•rrnll'll and c\C'nit>d. (Signt>d) H. n. ?IIl'Co~·. At·ling f'ol· IC'l'tor of Customs for lh<' Philippill<' blands.'' IL B. )..fcCoY. Arling r!olkrlor of Cu.~loms for Ilic 1'11ilippi1w lsfo1111s. l'JIJLll'PJNE CIVIL SElfflCE BOARD. .\ngusl K Yl"ag('!", clerk, May 2. lfil,200: probational appoint· 1111·111. Oeparlment of the Interior. llOAIU> OF llEAI.Tll 1-'0R TllE PIIILIPPll"t; ISLANDS. :\lary .Tamison. trninecl nurst'. April 28. ~900; probational appointml'nt. ,Jn) ,Johnson, t•lerk. February I, $1,400; promotion from 1·lass 9. 1-'0llF.STKY IWKEAU. \Villiam M. 1Iaule. forester, May 9. $2,000; promotion from $1.800. nuill(')'mo Cabrt>ra, clerk. May 9, $360; promotion from $300. Felix Ragodon. rnngel'. April 25, $300; probation11l nppointnwut. ETHNOI.OGICAL sr·RvEY. Silvino A. Pablo, clerk. May 1, *300; promotion from $240. EslPlmn <le Guzman, clerk. hlny l. $540: promotio"n from $480. UUUEAU OF GO\'ER~UEN1' I.AIJORATORIES. ..\.ngrl Espiritu. clt>rk. May 4. $360; proha.tional appointment. 396 OFFICIAL GAZETTE l'l\"11. SA~ITAlllU~I, UENGUET. l\larc<•lla DoylC', IHll">'C' :ind hon,.ekt>rp('r, April \, $!100; prnmotion from nnrs<', $1:W. lkpr1rfmc11/ of Commerce aml l'olicc. UURF.At; OF POSTS. Ellis D. ,Johnson, <'lNk, .:\lay 2, $!100; prolmtionnl uppointment. f-1. R. Glu\l('tich, ckrk, .\J~1y I. $1,400; trnnsfrr from .\lanila post-oflicl' to olHce Director of Posts. .\lnl'iano Yal1li\'il's1i, t"\erk, April l!l, $:JOO; n•instatement. llUREAl" Ol" 1'1111.lPPIXES CONHTABULARY. .\nicl'to C. Dionosio, patron, .. \lan·h 2, ;ji:JUO; probational appoiutment. Gregorio Trnjnno. dl'l"k, April II. $180; probational appoint· nwnt. Ill/REAU OF' l'IUSOXH. Guy l\L Wil!C>y, ('ahinetmakN, l\larch I, $1,000; probational appointment.. Albert Steinrnuf, dispensin:.t dC>rk, .\lay I. $!JOO: trnusf(•J· from :itlendant, Civil Hospital. GrC'gorio EnriquC>s, owr:<t'c'r . .\la>• I. $i20; promotion from $HOO. BUREAU OF ("QAST Gl'AIUJ ANll 'l"ltANSI'OlffATIOX. Hnfino de los Ange.il'f<, forl'man. l\lny I, $:160; promotion from :;;:Joo. 1Jcp11r/mr11/ of Fim1nrx aud .Justice. OF TllE IXSUl.All TIU:ASl>RY. \\'illiam B. Dicks, <'lerk, .\lu>• I. $1,tiOO · promotion from BUllEAl' OF TllF. INSt;I.AR AtrlllTOU. C. H. French. <'lrrk . .\tar I. $2,500; promotion from <·las;; 4. C'. ]. Dollh-er, clerk, .:'llny I, $1,200; promotion from class 10 . . Janws G . .\lartin. ('\t•1-k, .\lay i, · $1.200; probational appointllll'llt. Charles H. Davi:<, nrn:<trr. February 11, $1,2110: pro\J;1tional •lppointment. Frank Hill, third·cla;;." f'Xnmin<>r, Fehrunry 2:~, $1.200; pro1110tion from fourth-class exami1wr, $1,000. . Josi' Villarreal. guard. April ii. $240; 1·rinstatement. E1\uanlo Zulnrta. guanl. April l!J, $:240; reinstntC'111ent. Charles Gt•ddes, nmstl'r of eultl'I'. April I. $1,200; reinstntC'ment. Frrnando ~tn. Rita, gunnl. Janunr,\' 22. $240: proh:itiomll ap1mintment. Catalino 01'iC>1. gwn·d, .January 22, $240: proln1lional appointnwnt. Andre.-; Villena. J!llnrd .. January 21. l!lO;J, $240; J>rohational appointment. . Jose Atila110. guard. ,Janm1ry 21, l!IO:~. $2-10; prolm1ional appointment. IX.'>CLAll l'OLIJ STOllAGE AX!) IC'E l'I.AXT. D. \\". Fry, ovcrsl'er of c:ohl rooms .. June I. $1,200; promotion from teamstrr, $900. lfany L. Hill. tramslrr . .:'\fay 4, $i::!O; prohutio11al appoint.menl. Sherman LukC>, wafrhman. Ma>' I, $720; prolmtionnl :1ppointment. .Jose Aseniero. f'lerk. Court of First lnstnner .. <;ubclistrkt of Dapitan. April 12, $:mo; promotion from $:WO. Se\'erino Agl'aoili. <'opyist, Co\1rt of First lnstanc·1•. Fir,;! .Jud:einl Distl"it·t. Jfny ll, $200; pl'Obntional nppointnwnt. H.nmon Cabato, deputy clerk, Court of First Instance, Four· lePnlh ,Jmlirial District, May I, $240; probational appointnwnt. .\'lrs. L. H.. Gagl', clerk, April 12, $900; probational appointmcnt. Ma1111rl Frnnciseo, clerk, May 4, $:mo; probational appointrnent. .\fanuf'I Fnt!l('O, interpreter and translator, May 11, $600; prohationnl appointment. /Jcpa1'tment of Public fostr1wtion . Hollawl K Bell. l<'ncher, April I, $1,500; promotion from $1.400. ,J. M. <'umbill, tC':wher, .January I. $1,400; promotion from $1,iOO. Fnmk Clnppt•r, lrac•her, ,Junmu·y I. $1.:mo; promotion from $1,iOO. l•\•rrnin Paz. (·!erk. division s11p1•rintentlent. Hiznl. Mal'<'h I, $540; pl'Omotion from $480. lll"IO:All OF l'UllLIC l'IUN1'INO. Nnncy B. Acln•on, (·op~·holdrr, l\fay !l. $900; probational appointment. Florentino Cayrtano, junior bookhind('l', l\fa.y 16, f'l.50; prolmtional ;1ppointrn1•11L llU!tEAV 01'' AllCJilTECTURE. ('hNi .\Iamll'llmum, ar('hilC'l'lurnl drnftsman, April 27, $1,400; 1n·ohalional appointm<>nt. City of JJu,ni/a. Carl P<•lerson, fon•1rnrn, city stables, .May I, $1,080; promotion from dl'iv<·r. $900. C .. r. Cass. tl'!uusler, .May lO. $720; probational appointment. .Jos<>ph Duffy, teamster, l\Ju_y I, $720; probational appointment. Philip H. Landes, teamster, Muy :), $720; probational appointnwnt. LieC'rio ValC>ro, assistant engin<>l'r on Pl1llo, Mny 12, $480; probationul appointnwnt . f,('o!I 8iµ:nmalinn. nwdllmi<', April I, $:JGO; prnbational appointnwnl. POLICE llF.l'ARTMENT. William T. SuthNgill. patrolman. April I, $1,000; promotion from $!JOO. .\liguel Magpuntay. p11trol111an, April 2!J, $240; probational appoinlm<>nt. All11•rt J.R11'C's. sailing muster, police launch, Febrmll'y I, $1,200; prnmotion from mate, $900 . l>'IllE DEPARTMENT. Cha1·JC's T. Hrndrickson, assist.int foreman, May 1, $1,200; promotion from fireman, $900. .Jnnws N. Bowers, foreman, .\lay I, $1,:iOO; promotion from a:<sist.ant ftH'l'lll!rn, $1,200. Ernest \\'. Larnwa_I'. ti1·en11111 . .\.fay .), $900; probational appointment. Alphonsus F. Garrison, enginel'r, :Mny 4, $1,200; reinstatement. BN·nanl 8C'ymom·, firC>11u1n, May 4. $~100; reinstatement. Edward :i.\I. X1•wsbaurn1•r. rngi111•c1', :i.\I;1y !I. $1.200; prnhatio1ml appointnLC'nt. Charil's H . .\'lungl'r. fircm:in, ".\la~· !l. $900; probational n.ppointmC'nt. OFFICIAL GAZETTE 397 llEI'AltTMENT IW ASSE0SSM~:N'l'S ANll COLLECTJONS. 1\Jnmi<'<' X. C. \\"C'inh<'rg<'1'. smr<':\'or, May 2. $1.400; prol1ati011al a11pointment. Provi11ccs. AMBOS CAMARINES. H. R. Amlreus. drpnly lrt>aS\ll'l'l", Man•h 21, P2.400; pl'omotion from $1.000. ,J. \\".('row, dl'pnty. '.\lan·h 21. t"'2,000: lmnsf1•r from lr1u•hrr, $1.:lOO. Homan Tong<'o, <lepnty trea,;m·n, April :!;), f',)/G: promotion from $180. A. I-I. Perkins, chief enginel'r, Benguet Road, April 10, $2,400; tnrnsfer from a"°'ist:mt C'nginrl'r, Burt>un of Engineel'ing. $2.250. Pbwh\o Prmll'in, <'ll'l'k, i\lan•h 1. f"tlOO: promotion from $240. Vidnl H<'Jll<':;, c-lf'rk, M11y I. l90:l, $210; probational :ippoinl· ment. LEPAN'fO·BONTOC. '.\lako\111, lL \rhreler. chief l°ll'rk and dt•.put~ .. April l, $1.200; lnrnsfor from del'k, clnss 9, Immlur Cold 8tor11ge and l('r PlanL Pedrn P11<-IH'eO, clerk, l\lay 4, P600; prnmotion from C'l.1ss .J. Emilio Bl111wo, derk, Frbnmry I, $150: prolmtional appointment. Vktorino Bisda. tl<'puty. l\lay 1. fJ'S-10; promotion from (•\rrk. $aOO. Ziba :\I. Smith, c•lrrk. April l. t"~.400: prnhntional appointnwnt. Fl'lipe Paj<'. C"ink. April 1, 1"480; prohatio1111l appointmC'n1. Enlulio Sruson, deputy, l\farc·h !. $a60; promotion from $240. RESIGNATIONS. Prori11c('S. Eugenio Aynyao, justi('e of thf' peul·e, Angrlrs. :May 11. Bartolomt> 'fablantr. auxiliary jnsticl' of the 1w•11·1•, Angrl<"'· l\In;i· 11. Luis Espiritu, justiee of thl' peac•f'. Apalit. 1\ln,Y 11. !\lartin Hundian, uuxiliary ju..;til·e of the p1•iH·1'. Floridabl:111r•:1. !\fay II. Felic•iano Ordonez, justice of the pea(•e, :\Iexico, l\lay 11. Lupo de Lara. anx:iliar.r justic·e of the JWlll'l', :\frxh·o. :\Ia;i• 11. l•'rnndsco Gutinrez, justiee of the peiH'I', Pori11•, :\fay 11. Lm·afi Ocampo. auxiliary justi(•P of tlw 1w1u•f'. Ran FPnrnndo. :\la:.· l l. .rosl' H. S11ntiago. justi(•e of the pC'aeC'. Rnnta Hit;1. !\lay 11. l'ornelio 1\forll•I, jnsti<-t' of the peace, Baclajoz. May 6. · F<'lix Montesa, nuxiliary jusli<'<' of the peaec, Bndnjoi. Fl'hlmry 20. .Natalio llaJTC'clo. auxilial'y justiee of the peace, Boac, .!\fay I I. Viclorianu Lugdamco. justice of the pracc>, Guinnyangan, Mny G. NO'l'ICE. SALE OF THE INSULAll COLI> STORAGE AND ICE PLANT. Sealed bids for the pul'chase of the Insular Cold Storage and lee Plant located at Manila, P. I., will be received on or before the 27th day of June, 1904. The plant includes one of the most valuable locations in the city of :Manila on the l>asig River, occupying the whole space between the Suspension and the Santa Cruz Bridges, with abundant water frontage, and in the immediate vicinity of the business center. The buildings and machinery nre in every respect new and modern, completed in the year 1901. The sale will include the land and water trnnsporta· tion belonging to the plant, including insulated lighters and barges, delivery wagons, horses, and harnesses. For the fiscal year 1903 the total revenue of the plant was $332,l!l4.li; total expenditures for the same period, $198,338.83, leaving nn excess of revenue over expenditures of $133,865.34, United States money. The plant as a Government institution does not compete with private establishments of a like eharacter. In the hands of a private corporation the income could be very largely increased. No bid for less than $1,000,000, United States money, will be eonsidered. Bids will be received on the basis of an unrestricted sale, and abo on the basis of an agreement on the part of the pmchaser to furnish ice to civil employees for five years at the present Government rate of one·half cent, gold, per pound. The right to reject any and all bids is reserved. Each hid must be accompanied by a eertified check payable to the Government of the Philippine Islands for 5 per cent of the amount of the bid ns secmity for the fulfillment of the contract should the bid be accepted. '.l'en1ts.-Payment to be one-third cash and the balance in thl'ee equal annual payments, at 6 per cent interest per annum; the unpaid portion of the purchase money to be secnl'ed by mort· gnge on the property or by other satisfactory security. Bids may be filed with the Chief of the Bureau of Insular Affairs, War Department, Washington, D. C., or with the Secre· tary of Finnnce and .Justice at :l\fonila. All bids must be filed before 12 o'clock noon, June 27, 1904, at whieh time the bids will be opened. Contents. :so.11:u, No. 113.'i, , os barrio of l'innmnlaynn .. 1m oru. :So 1136, untlmrizing.lhe lieeni:ing of vc.<>.~cls engaged exrlush-ely in lighter· age and harbor hustne..«s, etc. No. lU17, t1pproprinting !000,000 from th.e Congressional relief f\md for exJ>(.mdituf(' under the clircetion of the C11'il Governor. :\'o. 113!1, lJringing under the Land Hegistrntion ..\ct land~ within the bonntl:si.r~~~~'.f a'::i1;~~\iii;c!~-~\Vg~s7ro1f0 ~J~eP~~i~~1i:~~~l0~0~~~-~.ft11Y1o~s~; so as to make it 11m1e(·o:issarr I? senr~h for perwnul property of dcliquent tnxpnyer Ueforc procecdmg ngumst his real estfl.te. :S?i'n:i1~0~~f~l1~g~i,;.~i~r10~~~~~~~7~ 1~~~ccretury of .\d,·isory Boord of Mnniln, :So. 1141, amending sections 3::1 and 61 of the Mnnila Ch11rter. Act 18.1. :So. 1142, incrensing the salary of the seeretary-tre11snrer of ;s'uevn Vizcnrn and nmcnd ing .Ad 33~;:··,~~;,r.,~ ~:;:,~;t~~1f 00~~~;;~;~.~.\'c~:;;~,\'.:~i~.~: ~:~fa~?e'd cl111~e Expo.~ition. lcwnl government ior 11011-Christinn tribes in the )'U II~. :So. lHll, nppropriuling r1.90r1. 56 [or~nlury ofn(•ting judge of )Tlmidpnl Court ofMuni\11. 398 OFFICIAL GAZETTE Resolutions of tl1c Commission: Extroct from minutes of proceedings, April 2i, 190-I. ~~ ~~:~~srV:~m111~~\11~1~~s0~f ~~g~~~Y1~~/,~~i~i f~~~~. Decisions o( the Supremc Court: The Unilcd l:ih1tcs 1·~. i'11citico Gonzagu. The United States t·~. Juan 8inguimuto. Consolncion Mijt1rcs 1'.<, Dclnn.n ~cry Hild others. Bureau of Customs 1md Immigrnl1011: Tnrill Decision CirculnrsNo. HI, holy wnll"r fo111s, dccomtcd: house decorntion. No. ·II:!, nmtcrinl nnd supplies imported by priv11.tc compnny under fi~~t~~;~~~~\·w~r~~~·~11~~~btj~~mcnt of the United States pro\•iding for No. 413, scp11:mtor used ii~ n snwmill uot dutlnblc ns sawmill m11chinery; decision 01 the Court ol Customs Appenls. Xo. clH, cotton tulle lnccs: clccision ol the Court of Customs AppenlN. No .. n,;, gun co1·cn< or riHc cnscs: clns.~ificntion of. ~g: m: ~~ii~~~c~~!~1~in~, ortificinl Dowers. E ~: !~i: ~~!~~~i~r.~~~g~~,~~o~~. c~~~~~j~ {,~j~~f ~:11c~:ll:~~~;~1~~1.g <•xtri1cts. ~g: ~~t J~~n~f~rE1~~.i~r~·<if~~'.i~~l~:~d~nd gilt: cl11"1Silicnuo11. No. ~23, ~chool\Jook>1. No. 424, powder pnlTs not "fcnthers fur umnmcnts;" clns.~illcu.1ion or. Appointmcmts: By the hono1'11\Jlc Civil (Oovcrnor. By the Philippine Ch-ii ScrVil'c Bonrd. Rcsignntions. Notice: Snlc of the Jru;ulnr Cold Stomgt• and Ice Pinnt. Announcement. The OIB.clal Gazette la publlahed weekly b'Y the authority of the GovernJUent or the Philippine Ialands. It will be furnished by mall to aubacrlbere, free ot postage, on the !ollowlog terms : Ooe year...... . ..................................... P12.00 Ooe mooth ................... 1.00 Single copies. each.. .30 Subscriptions should be paid lo advance, in Philippine currency, or its equivalent In money of the United States, and all commualcatlons >1hould be addressed to the editor or the 0111.clal Gazette, Manila, P. I. Seod remitlances by postal money order or registered letter to Norton F. Draod, acting editor Official Gazette, Mao\la, P. I. Office of the Oflichi.l Gazette: Oric11te Building, l'lnia Cnlderon de In Barca, Bino11do. The Government of the Phili1>1,ine Islands. Lec-i11latiye, 'l"HE PHILIPPINE COid.MISSION. (Ayuntamlento--The Palace.) Commissionern.-Luke E. Wright, President; Dean C. Worcester, Heury C. Ide, James F. Smith, Trinidad H. Pardo· de Tavera, Jose R. Luzuriaga, Benito Legarda. . K:i1ecutive. Civil Govcn1or.-Luke E. Wright; a<.:tiug private secretary, L. W. Manniog; Captain Robert H. Noble, Third United States Infantry, Aid-de-Camp to the Civil Governor. Vice-Govt:rnor.-Henry C. Ide. Secretary of the I11terio1·.-DP.an C. Worcester; private secretary, E. o. Joh11so11. Secretary of Commerce ancl Potice.-Vacant. Secretary of Finance and JusHce.-Henry C. Ide; private secretary, Jackson A. Due. Secretary of Public lnstruction.-James F. Smlth; private secretary, W, H. Donovan. Ea:ecuHve Bureau. Carpenter, Assistant Translating Division ; Chier or Legislative D tration and Finance Ma.jor E. G. Shields, Joi;uJar Purchasing Agent: Local Purchasing Ageot. Eif::::~:S~mJ:;ft:l ~~!t~~1r~::~7;~~·;i:~iia~g~cD. Townaend, Corps ot Philippine Civil Service Board (Orlente Bullding).-Dr. W. S. Washburn, Chairman: Dr. B. L. Falconer, Dr. Jose Alemany. DEPARTMENT OF THE INTEIUOB. BoaJ"d of Health for tile Pl1ilippiHc Islands.-Maj. E. C. Carter, Surgeon, United States Army, Commissioner ot Public Health; Capt. E. L. Muoson, Assistant Commissioner or Pnbl!c Health; Dr. Thomae R. Marshall, Chief Health I11spector; Henry D. Oagood, Sanitary Engineer; Dr. Manuel Gomez, Secretary. Quarantine SeTt>ice (United States Public Health and Marine-Hospital Service; 78 Madrid) .-Dr. Victor G. Helser, Ch let Quarantine omcer; Drs. Chas. W. Vogel and John D. Long, Assistants. Jllariveles Dete1ttio11 and Disinfectfon Station.-Dr. John M. Holt, lo eommand: Dr. R. H. Creel, Assistant. lloilo Q11arm1fine Stalion.-Dr. Geo. W. McCoy, In command. Cebu Quarantine Btation.-Dr. Carroll FoJC, In comJUand. Jo/o Quarantine Sla.timi.-Dr. M. K. Gwyn, In command. Forestry Bureau (Oriente Building).-Capt. George P. Ahern, Ninth Infantry, United States Army, Chief; Ralph C. Bryant, Assistant Chief. Mini~tg H·urna11 (358 Cablldo).-H. D. Mccaskey, Chief. Ph~hppiHe Weather Bureau (Calle Observatorlo, Ermlta).-Rev. Josi! Algue, S. J., Director (In United States) ; Rev. Miguel Saderra Mata, Assistant Director. Bureau of Publ!c La11ds (lntendencla Bulldlng).-Wlll M. Tipton, Chier. Bureau of Ayncultw·c (Orlente Dnildlug).-Prof. F. Lamson-Scribner, Chief (on leave); W. E. Welborn, Acting Chlel. Eflmologicat Survey for tile Philippi11e Isla>1rls (Orlente Building).Profeasor A. E. Jenks, Cblef. Bureau of Government Laboratories (719 Irls).-Dr. P. C. Freer, Superintendent Government Laboratories; Dr. R. P. Strong, Director Biological Laboratories; Dr. James W. JobJlng, Director of Serum Laboratory. te:a'f~l:'~bn;slg~~l a~ds~~~~~o~'.91 Irls).-Dr. H. Eugene Staft'ord, AtCivil Sanitarlm11 (Baguio, Denguet).-Dr. J. B. Thomas, Attending Physician and Surgeon. DEPARTMENT OF COMMERCE AND POLICE. Bureau of Posts (149 Escolta).-Chaa. M. Cotterman, Director; H. M. Roblnaon, Assistant Director (on leave). B11rca11 of Philippi1ws Co11sfo/Julary (Oriente Bnllding).-Brlg. Geu. Henry 'I'. Alleu, U. S. A., Chief or Coostabulary; Col. Wiiiiam S. Scott, U. S. A., Assistant Chief, Commanding First District; Col. Harry H. Bandholtz, U. S. · Lieut.-Col. Wallace trlct; MaJ. Jesse District; Col. Jame FUth District; Maj. duty at Constabula u. S. A .. Assistant N.B;J:I~~. o{vi~!~n;s Assis DlilPART.MENT OF FINANCE AND JUSTICE. Bureau of the Insular Treasury (lntendencla Bnlldlng).-Frank A. Bronagnn, Treasurer of the Philippine Archipelago; J. L. Barrett, Assistant Treasurer. Bureau of t11e Insular Auditor (lntendencla Building) .-Abraham L. Lawsbe, Auditor for the Philippine Archipelago; W. W. Barre, Deputy Auditor. Bureau of Customs and'. Immigration.-W. Morgan Shuster, Collector of Customs !or tbe Phll!pplne lalands (on leave) ; H. B. McCoy, Acting Collector or Customs ; Frank S. Calrna, Surveyor. Bureau of Internal Revenue (147 Anloague).-Albert W. Hastings, Acting Collector. Insular Cold Storage and Ice Plant.-CharleiJ G. Smith, Superintendent. ll11reau of Justice.-Lebbeus R. WllDey, Attorney-General (on leave) : Washlogtoo L. Goldsborough, Assistant Attorney-General; Gregorio Araneta, Solicitor-General; James Ross, Supervisor or Provincial Flsenls; Geo. R. Harvey, Assistant Attorney-Ge11eral for the Coostabnlary . DEPARTMENT OF PUBLIC INSTRUCTION. Bureau of Education (Santa Potenclann).-Dnvld P. Barrows, GenC'ral Superintendent o[ Education: Frank R. White, Assistant. Bureau of Public Printlng.-John S. Leech, Public Printer. 10fg':i~)~~°ifd~~~,~~c~1:,':r::.d c°bi!~~ruction of Public Buildings (Co.lie AnDureau of Archives (Palace).-Manuel de Iriarte, Chief. B1u-eau of Patents, Copyrigl!ts and Tra1lc-illarks (Palace).-Manuel de Iriarte, In charge. Ame1·ica11 Circulating Library (Oriente Bulldlng).-Mrs. Egbert, Librarian. Official Gazette (Oriente Bulldlng).-Mnx L. McCollongb, Editor (on leave): Norton F. Brand, Acting Editor. Census Bureau.-Brlg. Gen. J. P. Sanger, United States Army, Director of the Census (in United States). Judiciary. (Audlencla, 47 Palacio.) CMef .Jus!ice.-Don Ca1'etano Arellano. As.tociate Justice.t.-Florentlno Torres. J. F. Cooper, Vlctorlao Mapa. Cbas. A. Wiiiard, E. Finley Johnson, and John T. McDonough. Clerk.-J. E. Blanco. Reporter.-Fred C. Fisher. Judge.-A. S. CrossOeld. Judyc.-Felix M. Roxas. (Oriente Building.) (Municipal Building.) Jud'.ge.-S. de! Rosario. Associate Jud'.ge.-D. R. Williams. Clerk.-J. R. Wilson. OFFICIAL GAZETTE 399 COURTS OJ' FIRST INSTANCE. Manila, Part 1.-John C. Sweeney, judge. Mrmila, Part 2.-Ma11ila, Part S,-Elyron S. Ambler, judge. J11an1la, Part .t,.-Manuel Araullo, judge. Clerk.-J. McMlcklng. First Disfrict.-Albert E. McCabe. Second District.-Dlonlclo Changco. Moimtai11 Disfrict.-Charles l-1. Durrilt. Third District.-Arthur F. Odlln. Fom·tlt Distr1ct.-Jullo Llorente. J.'iflh District.-Estantslao Yusay. S~th District.-lgusclo Vlllamor. Seve11th District.-Paul W. Linebarger. Eighth District.-Grant T. Trent. Ninth District.-Henry C. Bates. Tenth District.-Vicente .Tocson. Eleventh District.-Adam C. Carson. Twelfth Distl'ict.-James H. Blount. Thirteenth DistTiCt.-Warren H. Idlls. Fom·teenth District.-John S. Powell. Fifteenth District.-Wm. F. Norris. Addilio11al judges.-Ado\ph Wlslezenus, Caplz; Beekman Winthrop; . Tames C. Jenkins. Provhu_·ial Go,·e1·ments in the Philip1,ines. ,tbra.-Elangued, capital. Governor, Blas Villamar; secretary-ftscal, Lucas Parede5; supervisor-treasurer, Archibald McFarland. A/bay ( Luzon).-Albay, capital. Governor, Ramon Santos; secretary. L. Thomas; treasurer, C. A. Reynolds; supervisor, William A. Croes· land; fiscal, M. Calleja. Ambos Camarines (Luzon).-Nueva Caceres, capital. Governor, Juan Pimental; secretary, Roman Enrlle; treasurer, J. Q. A. Braden; supervisor, E. P. Shuman; fiscal, F. Contreras. Antique (Panay).-San Jose de Buenavlsta, capital. Governor, Lean· dro Fullon; secretary, A. Salazar; i:;upervlaor-treasurer, B. T. Reamy; lla~adta".::~i~~~langa, capital. Govj!!rnor, Tomas G. de! Rosario; secretary, L. L. Zialcita; supervisor-treasurer, Emery R. Yundt; fiscal, Ambroc!o Delgado. Hatangas ( Luzot~J.-Batangas. capital. Governor, Gres;:or\o Aguilera; secretary, F. Caedo; treasurer, R. D. Blanchard; supervisor, Ernest J. Westerhouse: fiscal, D. Gloria. , capital. Governor, Wm. F. Pack; secretary, Egmlvlsor, (provincial governor). ran, capital. Governor, Salustlano Borja: lsor-treasurer, C. D. Uplngton; fiscal, Ni1eva Vizcaya.-Bayombong, capital. Governor, L. E. Bennett; secretary-treasurer, William C. Bryant: acting supervisor, Wm. H. Nipps. Occidental Ncgros.-Bacolod, cat)ltal. Governor, Antonio Jayme; secretary, L. Moreno: treasurer, P. A. Casanave; supervisor, H. M. Wood; fiscal, M. Blanco. se~~~~~~1 f6fi~O:t;;-~~~~~~~tirvf:g;::~~as~r°e':-~r~r,A~e;!~~~o fl.~~:~11E'. Aran eta. Pampanga.-Bacolor, capital. Governor, Macario Arnedo; secretary, M. Cunauan; treasurer, R. M. Shearer; supervisor, S. V. Cortelyou; ftscal, E. Macaplnlac. Pangasinan.-Llngayen, capital. Governor, Macarlo Favila; secretary, Benito Sison; treasurer, Thomas H. Hardeman; supervisor, Cbarles F. Vance; ti.seal, R. Espiritu. Paragua.-Cuyo, capital. Governor, Lieut. E. Y. Miller; secretarytreasurer, Hall H. Ewing. Rizal (Luzon).-Paslg, capital. Governor, Arturo Dancel; secretary, Jose Tupas: treasurer, Wm. N. Bish; supervisor, Telfair Hodgson; fl.seal, Bartolome Revilla. Romblon.-Romblon, capital. Governor, Francisco Sanz; secretary, Cornelio Madrigal; supervisor-treasurer, Julius S. Reis. Samar.-Catbalogan, capital. Governor, Eduardo Felto; secretary, Eduardo Felto; treasurer and acting supervisor, Arthur G. Whittler; fiscal, Domingo Franco y Mosquera . Sorsogon ( Luzon).-Sorsogon, capital. Governor, Bernardino Monreal; secretary, M. V. del Rosario: treasurer. R. J. Fanning; supervisor, Harry L. Stevens; fiscal, P. Ballen. S11rigao.-Surlgao, <'apltnl. Governor, Daniel Toribio Sison; secretary, Rafael Eliot; supervisor-treasurer, George A. Benedict; ftscal, F. Soriano. Tarlac.-Tarlac, capital. Governor, Alfonso Ramos; secretary, M. Barrera; treasurer, W. E. Jones; supervisor, Sam C. Phipps; fiscal, M. Ilagan. Tayabas.-Lucena, capital. Governor, Ricardo Paras; secretary, Gervaclo Unson; treasurer, William 0. Thornton; supervisor, Henry C. Humphrey; fiscal. Manuel Queson. Zamflales.-Iba, capital. Governor, Potenclano Lesaca; secretary, Gabriel Alba: supervisor-treasurer, John W. Ferrier; fiscal, Juan Manday. Membe1•s of Boards for Suppressing the Locust Pest. APPOINTMENTS llY THE EXECUTIVE SECRETARY. ABRA.-Bangued: Maximo Blanco, Hugo Baine, Guillermo Blancafl.or. ALBA Y.-Albay: Emilio Marquee, Mariano Maronella, Esteban Delgado. ol. G""'~°'~Pa~lo !•••pa 'Y Ocampo; secre- AM BOS CAMARINES.-Nueva Caceres: Lamberto San Felipe, Cele~~~~b~~~n~~~~~' t.k~rr~°osg~~!!aR~;:~: R. w. Good art; supervisor, Harry :·A~TJA!~.'~N.E._.~8 C,j 0'; 10'10;,91~ 0;,\ ''),[ 0, Cagaycm.-Tuguegarao, capital. Governor, Graclo Gonzaga; secretary, BATANGAS.-Batcmgas; Antonio Carag; treasurer, W. W. Barclay; supervisor, William E. BOHOL.-Tagbilaran: Pearson; ftscnl, Cayo Alonso. Samson. Caph (Panay).-Caplz, capital. Governor, S. Jugo Vidal; secretary, BULACAN.-Jlfalolos: Fruto Andrada, Mellton Carlos, Ceterlno Aldaba. Emiliano Acevedo; supervisor-treasurer, F. S. Chapman; fl.seal. A. Pardo. CAGA YAN.-Tuguegarao: R. W. Adamson, Sebastian Tuyuan, Pedro Cavite.-Cavlte, capital. Governor, Capt. David C. Shanks, United Narrag. ~~;;~:otr~1':n;e;eQ~e~~~~ic ~·n~:iJ~nF.; st:~f:uMe;fta~rtbur s. Emery: sug~~f~~__l?.if~~: lfii~~~~ i'~fa;1; fa':ia~;~~°c~g~e~e ~~!:l~nj'~!:!:1~~· de Cebu (Cebu).-Cebu, capital. Governor, J. Cllmaco; secretary, L. las Alas, Inclan; Felix Cuenca, Bacoor. Alburo; treasurer, Fred J. Schlotfeldt; supervisor, Harry C. Delano: CEEIU.-Cebu: Valeriano Cllmaco, Pedro Rodriguez, Pedro Cul. fiscal, Mariano Cul. lLOCOS NORTID.-Laoag: Cayetano Madamba, Cipriano Lagasca, llocos Norte.-Laoag, capital. Governor, Julio Agacollll: secretary, Emilio Llave. M. Flor; treasurer, J. N. Currie; supervisor, Paul F. Green; fl.seal, Poll- I LOCOS SUR.-Vigan: Raymundo Quero!, Estanlslao Reyes, Ladlslao carpo Soriano. Donato. llocos Sur.-Vlgan, capital. Governor, Mena Crlsologo; secretary, ILOILO. Fernando Ferrer; treasurer, Fred L. Wilson; supervisor, J. C. Hawley: ISABEL fiscal, Vicente Singson. LAGUNA. J/oilo (Pairay).-Ilollo, capital. Governor. Raymundo Melllza; secre- UNION. tary, J. Yusay; treasurer, Charles C. McLain; supervisor, Maurice W. LEPANT Lucino Almeida. Bondad, CerTuttle: fiscal. Andrew V. Smith. tes; Gregorio Malin.as, San Emi io. lsabcla.-llagan. capital. Governor George Curry: secretary, Eliseo LEYTE.-Juan Dagandan, Leyte; Pedro Flordells, Hilongos; Dionisio ~1~~·:::."; supervisor-treasurer. N. B. Stewart; fiscal, Vicente Nepo- MAs:A'TE~,,r~l~~~~·Esplrldion Marlstola, Nicolas Dano, Marcos La Laguna.-Santa Cruz, capital. Governor, Juan Callles; secretary, Rosero. Jose Rivera y Cosme; treasurer, Carrol H. Lamb; supervisor, David A. MINDORO.-Calapan: Feliciano Alveyra, Luciano Lopez, Agustin fihertey; fiscal, Hlglnto Benitez. Quijano. La Union.-San Fernando, capital. Governor, Joaquin Luna; aecre- MlSAMlS.-C'agayon: Cayetano Vamenta, Bernardo Raslnes, Leon tary. Andres Aaprer; treasurer, Frank B. Parsons; supervisor, Bert H. Burrel; fl.seal, J. Baltazar. Lcpa11to-Bontoc.-Cervantes, capital; Governor, William A. Reed; secretary-treasurer, Gideon El. Travis; supervisor, !'.I. Goodman: lleuten- N ant-governor (Bon toe), Daniel Folkmar; lieutenant-governor (Ambura.:_Miguel Paterno, Sibula.n; Juan Furbeyre, Manea, Hais. yan). W. F. Gale. 1.eJ1tc.-Tacloban. ('apltal. Governor. P. Borseth; secretary, Emlgdlo A(·ebedo: treasurer, W. S. Conrow; supervisor, Oliver D. Filley; fiscal, Domingo Franco. J/nsbalc.-Masbate, capital. Governor. Joaqu1n Ma. Bayot y Zurblto; treasurer and acting supervisor, J. A. Comdobr; fiscal, Ambrosio Delgado. Mirrti'oro.-Puerto Gallera, capital. Governor. Capt. R. S. 0111.ey, Thirtieth Infantry. U. S. A.: se.::retary. Fernando San Agustin; supervisortreasurer. W111\am 0. Smith; fls('al. Soffo Alandy. Mism11is.-Cagayan, capital. Governor, Manuel Corrales; secretary, A. Velez; supervisor-treasurer, E. E. Bart.on; fiscal, N. Capistrano. Moro.-Zamboanga, capital. Governor, Gen. Leonard Wood. United States Army: secretary, Capt. George T. Langhorne, United States Army; attorney. John E, Springer: treasurer, Fred A. Thompson: engineer and supervisor, Capt. Charles Keller, United States Arm'Y; superintendent of schools, Dr. Najeeb M. Saleeby. Nuci:a Ecija.-San Isidro, capital. Governor, EpUanlo de Joa Santos; secretary, R. Roque; treasurer, J. B. Green; supervisor, C. D. Wood: fiscal, R. Maftalac. 0 lspulo Sldereo, San Isidro; Pablo Padilla, Santa Rosa; Marchmo Adorable, Gapan. NUEVA VIZCAYA.-Salvador Lamaulg, Bagabag; Anastasio Fernandez, Solano; Vicente Cutaran. Ba11ombonq. PAMPANGA.-Macarlo Arnedo, Apalit; ·ceferlno Sandlco, Mea;ico; Estsnlslao Santos. Bacolor. PANGASINAN.-Clrllo Espino y Antonio Flor Mata, Lingayen; Matias Gonzales. Bautista. PARAGUA.-Vlcente Sandoval, Coron; Clemente Fernandez y Mariano Abld, C11110. RIZAL.-Pasil'I: Estan!!<lno Melendres, Manuel Jabaon. Matias AngelPs. ROMBLON.-Romblon: Anselmo Gutierrez, Santiago Estudlllo, Joaquin Sanz. SAMAR.-Catbalogan: Melecio Liana, Alejo Maga, Leocadlo Cinco. TARLAC.-Tarlac: Manuel de Leon, Manuel Martinez, Perfecto Manaual. TAYABAS.-IAH'cna: Alfr<'do Castro, Juan Nieva .. J11an Carmona. UNJON.-San Fernando: Rafael Lete. Paulino Alviar. Luclno Almeida. ZAMRAJ.ES.-Iba: Cirilo Braganza, Juan Rodriguez, Basilio de la Rosa. Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. Voi.. II MANILA, P. I., JUNE I, 1904. No. 22 PUBLIC LAWS. [Xo. ll4i.] .\X ACT 1umn ... ATJXG "THE REGISTRATION, BRANDING. coxnn-.AXl'E. AND SLAUGI-JT~~R 01•' LARGE CATTJ ... E AXD PHOVIDJXG FOH THE DISPOSITIOX. f'AHE, CL'H· TODY AXD SALB QI.' ESTRAYS OR l.1ARGE CATTLE CAPTl:mm OR SEIZED BY Tlrn PHILIPPINES COX· STABCJ ... ARY OR OTHER PEACE On?ICERS, AND REPEALIN'G ACT NT:\lBEHED SIX lH:N'DRED AND THIH:TY-SEVEX AND SO :\I LTTI OF ACT XUMBERED EIGHT HCXDRED AXD SE\":ENTY-SEVEX AS PROVlln:s FOR THE DISPOSITIOX. CARE. C"USTODY, OR SALE OF CATTLE. CARABAOS. HORSES. AXD ANI:\L\LS OF THE BOVIXE 1',.HIILY. AND ALL OTlmH ACTS OR PART8 01'' ACTS IXCOXSJSTEXT WITH Tl-H~ PROVISIOXS OF THIS ACT. IJy tlllllwrily tJ[ the l."11ited 81t1tn1, hr it t'IWr'lnl b!f //w /'lliliJJ11im• Commission, that: S1-:cno:o; l. For tlw purposes of thi11 Act. th<' tern1 "la1·g<' 1·;1tllc•" 11hall b<' held to include cambaos. hort!<'S, 11mh•11, 1111s<'s. and 11\1 members of the bo\"ine family. SEC. 2. All owners of large eatlle slmll regisk>r ut Uw offi1·<' of the treasurer of lhe municipality of thl.'ir residence tl1<' prinit<> brand or brands used hy them in marking t.heir <'llttl<> b~· filinJ! in triplicntfo with said municipal trcasurl•r a true cop~· of 111lid brand or b!'ands, impressed or ne<:urately drawn upon stout pnper. 11pprnxim11tely fifteen centimeters wide by twenty c•1'11tinwl<•r11 long. One of the triplica.te copil's of said braml or brands ~ filed shall be retained in the office of the municipal tr<"asm·1•r; the others shall be sent by him to the prodncial treasm't'r nnd Chief of the Burt>au of • .\rchiw11. Oil<' l·op~· to cnch; 1uul it ,.]mil he the duty of the nmni<'ipal tr<".nsurer. the Jll'OYincial tr<'lllllll'C'I'. nm! the Chief of thC' Bureau of An·hive,. lo file in their rt•spt•<'ti\'I• offices said l'OpiC's of snid brand or brandH and to ke<'p a rPt·ord of the naml's of the owners thereof alph11lwtil'111ly arranged, toi."Cth<"r with the ages, ch·il stntns. 11nd Ol'Cupation11 or profpssions of l!lll'h owners. SE('. 3. Xo perHon shall lw pPrmitt<·d to rPgister or fill' n dupli· catc of an~· br11nt1 theretofore rPgistt>rl'll in tlll' name of nnothC'r unll'Ss hC' prodm·l'S to the munil·ipal tre11sm·1•r, at the time of prC'senlation for registry and filing. satisfactory C'Viden<'P lhllt he hnH in!l'ccedcd to the l'ight to sueh brand prc,·iously rC'gist1•r('(l and liled; nor shall any person ht• f)f'rmitt<-d to reghit.<-r or filC' with said municipal trea.s111·e1· an~· brand 'likl'lr to he miHtuk<'l1 for a brand or mark owned and prl'viously registered by ~rnotll<'r. 8~:r. 4. ThC' munil'ipal lrpasurer. on regist<'ring nnd filinJ! any brand or mark. shall issue to the person registering and filing till' same a <"ertifi<'all' sPlting forth, O\'Pr his own signatm·p, the f:u•t of l'l'gisll'l'illJ! and filing said brand, the date of rPgistC"ring and filing. llw namt>. aJ!C'. eh·il Htatus. and occupation or profC"Nlion of thl" owner of the hrnnd and u cop~· of the brand as near 11is may be. 111314 St:c. 5. Each municipality shall have a distinctirn mark or lmrnd for the purpose of branding large cattle owned by the municipality and of countcrbranding large cattle owned by per· 11011s in the munidpalily and not bearing the eounterbrand of any other municipality. Each municipality slmll register und file 11 copy of its brand with the proYincial treasurer nnd with tlw ('hit>f of the Bureau of Archives. The Insular Gm·ermnent, nncl <'n<'h prm·incia.l go\•ermnent, shall have a distinctive brand for the purposP of branding htrge cattle own<'d by it. A copy of the brand of the Insular GoYernment shn11 be :filed with the ChiC'f of the Hurpun of Archi\'t>s, und eopit>.s of provincial brands shnll bC' 1·pgistcr<'d and filed with the Chief of the Bureau of Arl'hiws nml wilh the provincial trcasm·cr of the pro\'ince owning the brand. s~:c. 6. All unbranded cattlP, not less than two wa1·s old, found within the jurisdiction of any municipalit}', shali be branded on thC'. right hip with the registered brnnd of the owner and counterhr111ulrd on the left hip with the rcgisie1·<'d hr1111d of the municipality in which they arc found. Tlw hruntling for which pro,·iHion is made by this section shall ht~ elf<><·ll•tl in thP pn-sence of the nnmicipa.l president, th:> mnnicip11l trcnsurC"r, 1111d the municipal secretary, or their reprcsentntiws tlnly authoriY.('(I in wl'iiing t.o act for them: Provided, lio11"e1:1'I', Th11.t in pro,·inl!f's not organi1.cd under the ProYincia.I Gm·<'rllml"nL Act such branding shall be effcetcd in the presence of ut least three- persons uppointetl for this purpose by the pro\'incial go\'ernor. Si::c·. i. IA1r1,>"C cattle alrrncly brnnded with brand of ownership and counlt>rbrandcd witl1 the brand of the proper municipa1ity nPPd not be rebramled, but the owner must 1·egister such 11ni11ml!i wiih the municipal tl'Cflsure>r and secure the certificate of ownership mentioned in !l<lction eight. nnlNlS p1·eyio11sly rngistp1·ed untl<'r this_.\ct. Cattle impol'ted for immcdinte slaughtt>r need not be branded or r1•gist.<-1·C'tl. hut thl" pro,·isiom~ of section thirty of this Act m1111t hr rompliPd with. S1-:c. 8. Th<' municipal treaimrer shall register in 11. book. propt>rl~· pr<'par<'d nncl kept for the purpose, nil brnnded und <'Ollllt.t>rbranclrd 1mimals prC'sented for registry and not )>l'C\'i9usly r<'giskl'C'd unde>r this Act. und shall se-t forth in his registry rntry the numt>. rC1Sidencc of the owner, ancl the class, sex, age, brands. knots of rndiated hair commonlv known al! remolinos or <'owlicks, and ollwr marks of identifiealion of the cnttle rcgist<"red. A C'opy of till' entry shall be is1mC'd to the owner as a certificate of ownership. which <~rtifil'a.te shall be prima facie evidence that the animal is ihe property of llw pl'rson therein named as owner. Th<' ol'iginnl rPgi::;trr C'ntr~· and the oopy Lheroof issul'cl as 11. 1 ·p1·t.ific·ntc of ownership 1<1hnll he 11igned by the owner and by the muni<'ipal tr<'lollllll'l'r. und alWst.rd b~· the m1mi<"ipaI secretary: /'rflddr.d, lw11·ci:el', Thnt where the brimdinj? of <•attle is effected in the prrs<'nce of rP-prC'SP-ntnth·C's of said mnnicipnl oRi<'iuls. the rl'ghi.try entr~· and the <'l'rtificate of ownPrship shall hC' also signed or indori-t'd by such 1·eprescnt11tives as witness<'S to the 401 402 OFFICIAJ_. GAZETTE branding: Prodded, further, That in provinces not organized umlt>r the Pro\"incial Gon~·rnment Act the registry entry shall be ma.de and the certificate of ownership issued by the person designated by the governor of the province for that purpose, and countersignl'd or imlorst>d by the JX"l'Mms dnly nuthol"iv.ed to be present at the branding. 8Ec. 9. Persons chnrgl'd with the duty of branding or registering large cattle and issuing the proper certificates shall satisfy thcmsefrl's of the ownership of the cattle so branded or registered and shall take due care that no certificate of ownership is issued to any pe1·son other than the proper ownc1·. SEC. 10. Each certificate of rt>git1tration is1med shall have affixed to it a special stamp of the value of one peso, Philippine currency, bcal"ing the design prepared by the Bureau of Patents, Cop~·dghts, and Trade·Marks, which st11mp, after bC'ing affixed to the certificate, shall be duly cancelled with the seal of the nmnic· ipnlity. The stamp required by this section shall be pa.id for by the ownC'r of the cattle, and the moneys received therefor ~hall be paid into the municipal treasury. SEC. I I. Each animal must be sep1m1-tely registered, and no certificate of ownership Ahall co\·er more than one nnimal. SEC. 12. Large cattle branded prior to the passage of this Act and registered in the various municipalities in 11ccordanet" with subdivision (d), section forty.three of Act Numbered Eighty·two, known as the 1\.Iunicipnl Code, or in accord11.nce with Act Xumbered Six hundred and thirty-scven,1 upon sunender to the municipal treasurer of the wl'ittcn evidence of such registry, must be re· registered under the provisions of this Act, and a certificate of ownel"ship issued to the owner without ch11rge and without affix· ing to the c(lrtificate the stamp required by section ten of this Act. In such case, the rc1·egistration entry and the certificate issued ther~on shall be stamped "P1·eviously registered ........ (insert date) ........ day of .............. (insc1·t month) .............. 19 ........ (insert yc1tr) ... ; subdivision (d) sec. 43, Act No. 82 (or) Act Xo. 637. ............ (insert i'lib'nature) Municipal treasurer." The written C\·idcmee of such previous registry shall be firmly attached to the retained office registry entry made under this Act. SEc. 13. The municipal treasurer shall enter in a book, duly prepared and kept for the purpose, all transfers of large cattle, which <>ntry shall set forth the name and residence of the owner, the name and residence of the purchaser, the purchase price of the animn I or the eom1ideration for the sale, the clllss, sex, age, brands, knots of radiated hair commonly known as 1·emolinos or cowlicks, and other nmrkK of identification of the animal, and a refcrenee by number to the original certifieate of ownership ·with the name of the municipality whieh iss.ued it. SEc. 14. On making the entry of transfer prescribed by the pre'\.·ions seetion, the municipal treasurer shall issue to the purchaser of the animal a eertificate of transfer setting forth the name and residence of the owner or vendor, the name and rcsi· dence of the purchaser, the purchase price of tl1e animal 01· the conRiclC'rntion for the sale, class, sex, age, brands, knob of radinted hair commonh· known as remolinos or cowlicks, 1md other marks of identificati~n of the animal transferred, and a reference to the original certificate of ownership by number with the name of the municipality which issued such eertificat.P. SF.c. 15. The entrr of the tranKfer and the certificate of transfer shall be signed, in the case of organized municipalities, by the municipal treasurer and countersigned by the munieipal presiclent, the munieipo.I secretary, and the owner; and in the case of provinees not organized under the Provincial Government Act, and of townships, settlements, and 1·anchcrias not orgn.ni?.ed under Um :\Iunicipal Cocle, by the owner and such ~erson or persons as 11111-y bC' designated for the purpose by the provincial governor. SEC. Hi. Xo entry of transfer shall be made 01· ce1·tificate of 1101J.Gnz.,I07. -------- -· ---------------transfer issued by the municipal treasurer or other prope1· official except upon the procluetion of the original certificate of ownership and certificates of transfer and such other documents or evidence as will 1d1ow title in the owner; or, in the case of loss· of certificate of ownel'Ship or certificates of tram1fer, certified copies of the record showing that such documents were duly and properly issued, and it shall be the duty of the official eustodian of the record to issue sueh certified copies on demancl of the party entitled thereto without charge. SEC. H. On certificate of ownership and certificntes of trans· fer the municipal treasurer or other proper official shall carefully note in the proper plaec on the printed outlined figure of the animal registered or transferred the brands, class, sex, age, knots of radiated lmir commonly known as remolinos or cowlicks, and other marks of identification of the animal registered or trans· fe1·red, giving such marginal description, where necessary, as will fully identify the animal. · SEC. 18. In case of sale, the owner shall deliver to the pu1'Chaser the original ce1·tificate of ownership and all certificates of intermediate transfer, showing ownership in himself, and in case of loss of the originnl certificnte of ownership, or of any of the certificntes of intermediate transfer, eertified copies of the proper entries showing such documents to have been issued by the proper official. SEC. 19. Certificates of ti·a.nsfcr shall be issued in the municipality whc1·e the contract of sale is made and consummated by the delivery of the cattle. SF.c. 20. Erasures, interlinentions, or amendments in certifleates of registry or transfer shall be presumed to be invalid unless noted over the signature of the official or person issuing 01· executing the same. SEC. 21. Each certifieate of transfer h1sued shall have affixed to it the stamp specified in section t.Pn, which stamp, after being affixed to the certificate, shall be duly cancelled by the municipal treasurer with the seal of the municip1ility. The stamp required by this section shall be paid for by the purchaser, and the moneys received th_erefor shall be paid into the municipal treasury. A separate certificate of t1·ansfcr shall be issued for ea.ch animal sold or con,·cycd. SEC. 22. No transfer of large cattle shall be valid unless regis· tered and a eertificatt> of trnm1fer secured as herein provided. SEC. 23. On the dem1md of the municipal president, municipal treasurer, municipal secretary, or of any Constabulary, police, or other peace oOicer, any person claiming to own large cattle shall produce and submit to such officer making the demand certifi· cates of ownel'Ships and certifieates of transfer showing his title thereto. In case of loss of CCl"tificates of ownership or certificates of transfer, eertified eopics of the entl'ics showing the issuance of the original doeuments may be furnished in lieu of the original papers. SEC. 24. Any person refusing to produce on demand of the proper ollicinl or within a reasonable time thereafter the doeu· ments required by the seetion immediately preeeding shall be punishccl by a fine of not less than ten pesOl'I, Philippine eurrcncy, nor more than th·e hundred pesos, Philippine currency, or by imprisomnent for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the court. SEC. 25. All estrays and all animals recovered from thieves 01· taken by peace offieers from persons unlawfully or reasonably susp<>ctecl of being unlawfully in the J)()SSes~ion of the same shall be d<>li\'t>red to the h-cMurer of the municipality where found, and it shall thereupon become the duty of Kuch municipal treasurer to properly care for n.nd maintain such animals and to post for 11t least five consccutfre clays at the door of the munic· ipul building in the municipality holding the animals, and to immediately fo~ward to the pro\•incial seerctiny, written notices OFFICIAL GAZETTE 403 .. ·--·---------------------in 8panish nnd in the local dialects of the finding of such estrays or of the seizure or taking of the anhnnh1 dclh·ered to the munic· ipal treasul"('r, together with the class, sex, age, brands, knots of radiated hair commoly known as rernolinos or cowlicks, and other marks of identification of the estrays or of the animals seized or taken from persons not entitled to the possession thereof, and notifying owners of such animals to p1-escnt themseh.·1..'S wit11in fifteen days after date to the municipality an<l t>stablish title thereto. In case owners of ftnimals taken 1111 estmys or seized as above set out present themselves within the time limited in the not.ice and prove title thereto, it shall be the duty of the municipal trensurer to cause delivery of such animals to the lawful owners upon payment of necessary expenses of maintenance and transportation, giving receipts for moneys paid nnd taking receipts for the animals delh·ered. Should the owners of such animals fail to pr~nt themselves within the time fixed in the notice and prove title to the animals tnken 01· seized as aforesaid, immediate notic~ of that fact shall be given by the municipal treasurer to the prol'incinl board of the province, which shall order sa.id animals to be sold at public auction and shall give notice of the sale at least ten days before the date of sale by posting notice the1·eof at the door of the provineia.I building and at the door of the municipal building where such animals are held. The notice of the sale shall contain a statement of the class, sex, age, brands, knots or radiated hair commonly known ns remolinos or cowlicks, and other marks of identification of the animnls to be sold, the place where found or seized, nn<l the date, hour, and place of sale. The place of sale sl1all be fixed in discretion of the provincial board either a.t the pro,·incial capitnl or in the municipality where such 1mimals are held. Animals ordered to be sold by the provincial board in accord· anee ·with the provisions of this section shnll be sold for cash to the highest and best bidder therefor at public auction by verbal bidding, and the purchaser at such sale sh11ll receive a good and indefeasible title to the animal sold. It shall be the duty of the munieipnl treasurer to promptly notify the provincial secretary of all pl'Oeeedings taken by him in each cuse arising under this section. SEC. 2G. Entry of the sale provided for in the section immediately preceding shall be made in the municipality in which the sale has taken place a.nd certificate of such sale shall be issued 1ts in other eases, except that the entry and certificate of sale shall show that the sa1ne was made by the municipality in conformity with section twenty-fh·e of this Act, and that the signatu1·e of the owner shall be omitted from the entry and eertidcate. SEC. 2i. At any time before actual sale as above pro\'ided. the lawful owners of the animals may prove title thereto to the municipal treasurer and reeeh·e their property on payment of all costs incurred by the municipality or the province for the care, ma.interumce, and transportation of the animals. S.i.:c. 28. In the event that owners of animals sold a.t public auction pu1·suant to the fo1·egoing prO\•isions shall appear and present p1·ope1· evidence of title to such animals it shall be the duty of the municipal treasurer to receh·e such e\'idence of title and deliver the same to the pro\'incial board of the province, and thl' provincial board is hereby authorized to examine such e'·idenee and make such othe1· investigationK as to it may seem proper, and if the pro\'incial bolll'd after the examination of such evidence and the making of such othPr im·estigations is satisfied that the title to the animals is in the claimants it is authori?.ed to direct and cause payment of the nrt proceeds of Liu• sale to be made to the claimants: Provided, lwn·cver, That no claim for the proceeds of the sale of any animal or animals sold at public auction as nborn pl'O\'ided shall be received or allowed after the lapse of one yea1· from the time of public sale. St:c. 29. The moneys received from the sale of estrays or large cattle seized by pence officers shall be paid into the treasury of the municipality in which such animals were found 01· sei?.ed, and the expenses and rost of care, maintenance, transportation, and sale of the animah1 sold shall be a special charge against the monl'ys so paid in. After the lapse of one year from the date of sale as provided in the p1-evious section the net proceeds of sale of any animal or 1mimals sold as provided in section twenty-five shall oonstitute a part of the municipal funds of the municipality where such animals were found or seized and shall be subject to appropriation for the purposes of such municipality as are other municipal funds. St:c. 30. No large cattle shall be slaughtered or killed for food at the municipal slaughter house except upon permit secm-ed from the municipal treasurer. Before issuing the permit for slaughter of large cattle for human consumption, the municipal treasurer shall require for branded cattle the production of the original certificate of ownen1hip and certificates of transfer showing title in the person applying for the permit, and for unbranded. cattle such evidence as may satisfy said treasurer as to the ownership of the animals for which permit to slaughter fms been requested. SEC. 31. No permit to slaughter carabao shall be granted by the nmnicipal treasurer unless such animals are unfit for agricultural work or for d1·aft purposes, and in no event shall a pt>rmit be gh·t-n to slaughter for food any animal of any kind which is not fit for human consumption. SEC. 32. The nmnicipal treasurer shall keep a record of all permits for slaughter h1sued by him 11nd such record shall show the name and residence of the owner, and the class, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the animal for the 8l11ughter of which pel"mit is issued and tl1e date on which such permit is issued. Names of owners shall be alphabetically arranged in the record, together with date of permit. A copy of the record of permits gi·anted for slaughter shall be fonrn1·ded monthly to the provincial treasul'er, who shall fl.le and properly index the same, under the name of the owner, together with date of permit. SEC. 33. Any pcl'son slaughtering or· causing to be slaughtered for human consumption or killing for food at the municipul slaughter house any large cattle ex<:ept upon permit duly secured from the municipal treasure1· shall be punished .by 11 fine of not less than ten nor morn than fi,-e lmnd1-ed pesos, Philippine currency, or by imprisonment for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the court. SEC. 34. All large cattle which ha\•e attained the age of two years at the time of the passage of this Act or which will 11ttaiu said age on or before January first, nineteen hundred an<l five, must be branded, registered, or re1·egistered in conformity with the pro\"isions of this Act, on or before said Janmtry first, nineteen hundred and fl.\'e, unless a shortel' time shall be prescribed by resolution of the municipal council. After Janua1·y fir~t. nineteen hundred and ft\'e all large cattle must be branded and n•g· istered as required by law on attaining two years of uge. Any person who shall fail, neglect, or refuse to brand, register. or l·eregistel' his la1·ge cattle as required by the p1·ovisions of this section shall be punished for euc·h nnimal not branded, registered, or rcregistered as required by law by a fine of not less than two nor more than fh-c pesos, Philippine currency, or by impriM>nment, for not less than five days, nor more than thirty dnys, or by both such fine und imprisonment. in the discretion of the court. SEC. 35. Any pe1son found in tht' possession of cattle not branded or 1·egistered as required. by lilw shall be presumed to be the owner thereof for the purposes of the section immediately preceding. 404 OFFICIAL GAZETTE Si.::c. :16. '1'hi8 A<'t shnll nlso be appli<·1tble to town,;hips. settl<'mcnbc, and ranchf"ri11!-l not organized undf'I' the Municipal Code and to provinces not organized umlcr the Pro,·incilll Go\"crnmcnt AC't, but in such 1n·o\"inccs, townships, settlements, and ranchct·ins the duties 1·cquired by this Act to be performed by municipal or pl'O\"inciul officiols shall be perfonned by such person or pcnmnl'l 11s nm'' bl' designated in writing by the pro\•incinl gO\'· crnor of thl." pro,·inrf'. and the stamps attached to certificates of owncn1hip or of trani1fc1· shall be cuncellcd in the manne1· prescribed by i1ud1 pro\"ill<'inl go\•crnor. • .\II mon<'ys accruing to townships, settlements, or rnnchei·ias from the sale of stnmps 11ndc1· this Act or from sales made undel' section twcnty·fiw thereof shall he deposited with the 1n·o,·incial treasurer to thl' c1·cdit of the proper township. settlement, or ram·heria, and may be expended for its benefit in the same manner as other funds of sueh township, settlement, or rancheria: Pro· vided, That the net procee1ls of sales made in conformity with section twenty·fi\•e of this A<'t <>an not be so expended until after the lapse of one year from date of sale. SEC. 37. The city of Manila is ex<'mptcd from the operntion of this Act, and within the jurisdiction of the <'itr of :Manila ordinanc<'s and regulations for tl1e regist1·ation, transfer. and sla.ughter of large catt1e now in effect. arc continued in for<'e, subject to the right. of the municipnlity of :Manila to amend the same: Provided, 1101r("t"f'r, That the ollicial now 01· hereafter c~harged with thl' duty of regish•ring brnnds 1d1all forward to the Bureau of Archh•es u report of all brands now or hereafter regii:;tered. SEc. 38. Stamps pro,·icled by this Act to be issued shall be printed by ihe Public Printer under the regulations nnd !!Uper· \"h1ion pro,·ided fo1· the printing of internal·re\·em1c stanmpi:s for the Gon•rnment. The stamps requfred by this Act to be affixed to certificates of ownership and certificates of tran11fcr when print· e1l shall be delh·ered to the lnsulllr Treasurer, who shall issue the s1une, upon pl'Oper requisition, to the provincial treasurers of the various pro,·inces, collecting from such p1·ovineial tremrnren1 the eo11t of printing the same. P1·ovinchtl treasurers, in their turn. shall issur. upon proper rt>quisition, to the municipal treas· m·t'1·s 11uch !'ltamp>1 all may bt' fl'quired hy their n•sperth·e munil·i· palities, such municipalities paying to the prO\'ineial trensurt'r the cost of printing the same. These stumps shall be accounted for b\• the se\'eral tremmrers on the basis of their fnce value. Si:~. :JU, L'nless otherwhw provided in this Act, any official or oth<'1· person failing. rrfusing. or negll'cting to perform any of the dntil!K enjoinl'd. upon him by this Act shall be punished by a. fine of not lel'lli th1m ten nor more than fi\•e hund1·cd PhHippine pesos, or by imprisonnumt fo1· not less than ten days nor more than six months, or by both such fine and imprisonment, in the discretion of the court. SEC'. 40. Act Xumhrred Hix hundred and thil·t)•·sevcn,' and 1m much of Act Xumbercd Eight hundred and se\·enty-sewni as pro· vides for the disposition, care, CU!itody, or sale of cattle, carabaos, horses. and animals of the bovine family, and all Acts or pnrts of Acbl inconsistl'nt with the pro\·isions of this Act, are hereby repealrd. SEc. 41. The public good noquiring the spe"edy rnactment of this bill, the passagr of the samr i!'I hereby exprditrtl in accordance with section two of '"An Act prescribing the order of proC<'dure h~· the Commission in the enactment of laws." pmumd September twrnty-sixth, nineh~l'll hundrrd. HEC. 42. This Act slmll l•Jfrct .Jul~· fir11t, ninetern lmncll'f'd and four. }foaC'trd, i\Iay :J, rno.i. 110«. Gai., 107. ~1 Off. Gn11., 703, lNo. ll48.] .\X ACT TO RIWL.:l~A'J'E THE l"SJ<; 01<' THE PCBLIC FORESTS A:s'D .FORt:HT RIO:SJ<;RVl<~S IX TH1'~ PHILIPPINE IS· LAXDS, AXD REPEALING GEXJ<~RAL ORDERS, NUMHl~RED XIXETY-TWO, 8ERJJo~S OF NINETEEN HUNDRED, ACT NV:\IBERED T\\"O llt.:XDHED AXD 8EVIO:XTY l•'Ol'R, AXD SECTIONS TWEXTY 01•' ACT NUl\lBERIO:D J•'ORTY-NIXE, li:LEVEX OF ACT Xt:MBEH.l~D ON1':! HUN· DRED AND NINE'l'EEX, AND ELJ<;VEN 01'' ACT NUl\I· Bl<:!RED OXE HUNDU.ED AND TWENTY . /Jg autlio,·ity of tlic United States, be it e1U1cted by the Philippine Co1nmissi011, tliat: SECTION I. The ~hort title of this Act shall be ''The Forest Act." SEC. 2. The J>Ublie foresbi and forest reserves of the Philippine Islands 11hall be held and administere1l for the protection of the public interests, the utility and safety of the forests, and the pe1"prtuntion thl'reof in productive condition by wise use; and it is t.hc pmpose of this Act to pro,·ide for the same. Hv.c. :J. The public forests shall include all unreserved public lnnds co\·er<'d with trees of whatever age. 8Ec. -1. l.""pon the recommendation of the Chief of the Bureau of 1"orestry, with the appro\·al of the Secretary of the Interior, the Ch·il Governor may set apa1·t forest reserves from the public lands, mul he shnll by proclimmtion declare the establishment of such r<'lll'l'\'l'S nntl the boundaries thereof, and thereafte1· such forest l'l'lll'r\'l'S 1o;hnll not be ·entered, sold, or othenvise disposed of, but shull l'<'main a11 such for forest uses, and shall be administered, f'Xl'<')lt as prO\·ided in thi!i section, in like manner as the public forl'11h undrr this Act: 1•ro11idl'd, That the Ch·il Governor may in like mamwr hy proclamation nlte1· or modify the boundaries of anr f0rest r1•11f'l'\'l! from time to time, or revoke any such proelamn· tion, nnd upon such revocation such forest re!lf'rve shall be and bt•come pnrt of the public lands as though such procliimation had never been made. SEC. 5. The public forests a.nd forest reserves a.nd the timber, firl•wood, gums, and other product:A thereof shall not be sold. enterrd, leaS('<I. or otherwise dispORed of e.~eept as herein pro,·ided: Provided, Thnt any mining claim as deftnPd in section one of Act Numbered Six hnndn~d aml twenty-four.' entitled "An Act prescribing regulations go,·erning the location and manner of r('(·ording mining elaim11. nnd the amount of work neC'ellsary to holtl possession of a mining elaim, undt'r the provisions of the Act of Congrrss appro\·ed July first, ninet<'l'D hundred and two,1 entitled 'An Act temporarily to pro,·ille fol" the a.cl.ministration of the affairs of civil government in the Philippine Islands, and for other purposes,'" in any of the public forests and forest rescn·es shall be entered only as provided in said Act Numbered Hix hundred and twenty-four, and the provisions of tl1is Act shall not be nppli<'able to the entry n.nd location of snch claims, but they sha.11 be go,·erned by Act Numbered Six hundred and twenty· four exclush·ely: And p'-ovided furtlier, That the authority gh·cn by the Chief of the Bm·ea.u of Forestry, a.s hereinafter provided, to issue licenses for the taking of stone and earth from public forests and forest reserves shall be understood to apply on1y when such stonr and earth is taken from lands not mo1·e \"aluable for mining purposes than for other purposes, and therefore not 1o;11bjl'Ct to entry as a mining claim. 8Ec. 6. No prescriptive right to the use. possession, or l'njoy· ml•nt of any forest product. nor any pe1·manent roncession, continuing right, privilege, or easement, of any kind wh1ltsOe\·e1·, upon or within or respecting the products of the public forests or 1100.uaz .. 90. 21 Off. <.i11it .• l'rellmlnary Number. p. 48. 51~'>.'l, OFFICIAL GAZETTE 405 forf'st r('SCl"\'es. Khnll al'crue or be granted cxct'pt as provided in ihis . .\ct. But the public forests and forest resenes shall be and l"<'mnin open of access for nil lnwful purposes to the people of the Philippine Ishmds ex('(>pt us pro\·ided in this Act. SEC. i. La.nds in public forests, upon the ('(>rtification of the {'hi<"f of the Bureau of Forf'stry thnt s1liil lands nre better adapted 1111d more \•n.luablc for agricultural Umn for fort>st purposl"s nnd not required by the public interc.>sts to ht> kept under forest, shn-ll be declared by the Sec1·etary of the Jnteri01· to be agricultnral lands. 'Vhen in his opinion the public interrsb KO rPquirP. the Chief of the Bureau of Fo1·estry may make appliration to the ChiP.f>1 of the Bureaus of Agriculture and Public Lnnd11 for the detail of an official from each of said Burenus to form, with an official from the nureau of Forestry, a committt>c for the purpose of assisting said Chief of the Bureau of Forl'!'ltry in making this certification, and upon the reeeipt of sa.icl application it shnll be the 1lnty of ench of saicl Chiefs of the Bureaus of Agrienlture nncl Public La.nds to dirttt one of his subordinates to rPnd.Pr thl' nssistnnce applied for. SEC. 8. The Chief of lhe Bureau of Forl'Stry. wilh thr nppro\"111 of the Secretary of the Interior. 11hnll prescribe Sll<"h regulutiom1 not inconsistent with the pro,·isions of this Act as mny bl' l'XJ>l'· dient or necessary for the protection. nurnag<>ment. rl'11r01hwtion. Ol'l'Upa1w~·. and use of the publil' forests and forest l'l'!!l"n·l'i<, nnd the snid Chief, with the approval of the Secretary of thl" lntl'l·ior, is hereby authol'ized to alter and re,·ise snl'h rl'gulation,.;. He shall in particular pro\•ide for the use of the public foresb; nml forest i·esen·es in such manner as to in!l.Ure for the future a rout.inned supply of \"aluable timber aml other forl"8t produ<'b. 8EC. 9. The Chfof of the Burenu of Fm·(>);tr:r. with thP approml of the SPCrelary of the Interior. may, upon proper tt>1·ms whh·h he m!l~' dl'E'Dl rPasonable, lease, as herPin pro,·icled, tracts of l:lnd not ~\':ceeding four hPctc'l-res in P!dent in the public forl'!lti< and fore11t l'l'Bern•s, to any person or to an~· assoeintion of 1w1·sons holding timbl"r liwnses, for OC'C'llpnncy 1u1 i-il<'l! for sawmills or timber depot..:;, and the Secretary of the lntl"rior mny i.,rt·:mt frro rights of way through the public lands to <'nahl<' stwh (lf>l'"on or association of pl"r!'Dni> to g<>t ll('('('>ls to ll1<' lnnd1-1 to whi1·h i<m·h licenSH apply. 8EC. IO. The Chief of th<! Bureau of For<'Sltry. with llw appro\'al of thl' Sec-retary of the Intei;ior. mny !lf!lerl for l'llllP or 1lbposnl, and mny S<'ll or dispose of by lil·rn11e. from tlw puhli1· fort•i<ts nnd forrsl l"l"l!PtTes, at rates of ehargr lo ht~ 1•11t.nblislwd 11,· him in 11crord1moo with the pro\•isions of srction f'll"\'l"ll 11111! twPh·e of this Act, anv timber, firewood for t'Ommert·inl usr. g-um,.;. rt•sin11, and other fo0rest products, whose remornl will not h1• delrimt>nta-1 to the public forests or forest resel'\'t>S or to thr intt•r1•sts whieh depend upon them. 8Ec. 11. For the purposes of this Act tlw rnrious prm·in<'l's in thP Philippine Islands are dh·ided into two dassrs: Clnss _.\ shall include the Prol'inCCM of Abrn, Bntoan, BatanJr~u1, BPnguct, Bulacan. Capiz, C;wite. Cebu, lloco!I. ~ortf>, Iloc'O,.; 8ur, Iloilo. La. Lagunn. Nue,·a Ecija. Pnmpn11~11. Pnnga.'limm. Hom· blon. Rizal, Sorsogon, Ta.rluc, Cnion. and Znmball's. ('Jni;s H shall inelude the Pro\•inct>s of Albay. Amhos f'amarinrs. Antiqur. Bohol. Cagayan. lsn.bt>la. Lrpnnto-Uontoc. T.e,·tt .. ::\Ins· lmtr. ::\lindoro. ~Iisamis, llm·o. XrgrOll Oel'idental. Xt>gros OriPntnl. Xur,·a Vi7.caya, Paragua, Samnr, Surigno, aml 'fn~·abn,.;. For the purposes of this Act the various native trf'es are dh·id1><l into four groups: The first group sha.Jl include acle, bet.is. haticulin, caumgon. l"hony. ipil, lanete, mancono, mola.ve. narra. lindalo, and ~·a.ml The second group shall include alupag, a.ra.nga, banaba, ba.n11a· laguin. ba.nuyo, batitinan, bolongeta, calamansana.y, cnlantas, dungon. guijo, macaaein, malacadios. ma.ngacha.puy, palo Maria, supa, teak, and tucan·calao. Thr third group shall inclmle agoho. amuguis, anubing. apitong. l.:111.tino, bitanhol, eatmon, ca.lumpit, cupang, dalinsi, dita., dungon· lnW, nmlacmalac, mala.papaya, mala.sa.ntol, mayapis, nato, pafo· sa.pis, panao, saca t, sa.ntol, tamayuan, and tanguile. The fourth group shall include a.na.hao, anam, a.puit, 00.cao, balaca.t, bnlinhasny, batete, ba.yoc, bonga., bulao, la.ua.n, mala.a.nommg, malabalac, malabonga., mangnsinoro, manicnic, paga.tpat, . 1md pagsainguin. SEC. 12. 'fhe metric system of weights a.nd measures, as adopted by sections thirty·fh·e hundred and sixty-nine and thirty-five hundred and seventy of the Revised Statutes of the United States, shall be used. On each cubic meter of timber which may be cut in any public forest 01· forest reserve in a.ny of the provinces of the Philippine !!!lands for domestic sale or consumption, or for export, there shall be paid, within thirty days from date of the 1-eceipt by the owner or his agent of the order of payment of the Government chargl" on the same, into the Insular Treasury, as provided by f>Xisting law, the following sums: On all timber included in the first group cut in any province in ClaS:o1 A, fil'e pesos; when cut in any province included in Class B, lwo pesos and fifty centavos. On all limber included in the second group cut in any province included in Class A, three pesos; when cut in any province indudcd in Cla.ss B, one peso and fifty centavos. On all timber included in the third group cut in any province included in Class A, one pi;so and fifty ccnta\'OS; when cut in any province included in Class B, one peso. On all timber includf>d in the fourth group and on all noncnunu~mted timber cut in any province included in Class A, one peso; when cut in any province included in Class B, fifty centa,·os: Provided, That when timber cut in provinces ineluded in Class A has been selected for felling by duly authorized forest ollicials, the mtes on such timbe1· shall be only such as a1-e fixed in this section to timber cut in p1·ovinces included in Class B: And vrodded furt11e.r, 'fhnt 'the taxes imposed in this section on ebony nncl camngon shall be char:,~d on said timbers when presented for mel\~urement and appraisal with the sapwood still attached; and the number of cubic ml'ters in each piece of timber so measured 1o;hall in~lmle the sapwood attnchcd to the same, and when ebony ·or c1111111gon timber from which the sapwood has been stripped is prl'l!Cnted for measurement D.nd a.ppmisa1, thei-e shall be assessed and collected the following sums: On cnch c:nbic meter of ebony cut in any province included in Class A. thirtren pe11011 and fifty centavos; when cut in any province in Class B, six J>l"SOS. On each cubic meter of camagon cut in anr province included in Class A, eight pesos; when cut in any pro\'inoo in Class B, four pesos and fifty centavos. The volume of all round timber shall be ascertained by multiplying the area of the small end by the length of the log. The \'olumc of all squared timber shall be ascertained by multiplying the average cross section by the lengtl1, to which twenty-five per centum 11lmll be added for loss in squaring. The volume of all ~awn timber shall be ascertained by multiplying the average cross i.cction by the length, to which fifteen per cent.um shall be added for loss in sawing. All timber included in the preceding section in the third and fourth groups and all nonenumern.ted timber cut in a.ny province, known in the market under the name of "rnja" and which shall not exceed one and one-half meters in length and fift.een centimeteri; in diameter, shoJI be classed as firewood, and the following taxes shall Lie rollected thereon: On all fi.re\voa<l consisting of ''rajas" from sixty centimeters to one aml one·half meters in lt>ngth, and from seven centimeters to flftet>n centimeters in diameter, one peso for en.ch one thousand rnjas. On all fl.rP\vood consisting of pieces of timber less than sixty l'l"ntimeters in length and less than seven centimeters in diameter, ten ccnta\·os per cubic mf'ter: Provided, That whenever in the 406 OFFICIAL GAZETTE ----------- ----------------------opinion of the Chief of the Bureau of l•'orestry the preservation and Ul!iC of the public forests and forest rescn·es shall render necessary the removal of the tops of Ialleil timber, said tops when removed in accordance with the regulations prescribed by the Chief of the Bureau of I!'oresti·y, shall be exempted from the payment of any tax imposed in this section on timbe1· 01· firewood 01· othe1· forest pmclucts . . On all gums and resins and other fo1-est products gathered or removed from any province there shall be paid on the actual mar·· ket voJue thc1-cof ten per centum. The Collector of Internal Re\•enue nnd the Chief of the nureau of Forestry shall upon the passage of this Act, and from time to time the1·eafter, make a joint assessment of the actual market value of the various products on which taxes are imposed in this section; said assessments shall be made from the most l'eliable data available, a.nd shall be published in the Olllcial Gazette for the information of taxpayers. SEC. I3. The Chief of the Bureau of Fol'estry, with the approval of the Secretal'y of the Interior, may, as herein provided, issue licenses for the cutting, collection, and removal of timber, firewood, gums, resins, nnd other forest product.s from the public forests and fol'est reser\'es. Every license so issued shall specify in detail the rights to which it entitles the holder and shall provide, whenever practicable, for exclusive territory in similar products to each licensee. All liCf'nses for timber shall p1·0\·ide for the selection of said timber before cutting: Provided, 'l'hat when absolutely neces· sary the selection of timber 01· the granting of exclusive territory may, in the discretion of the Chief of the Dureau of Forestry, be omitted in any license terminating not Inter than ,June thirtieth, nineteen hund1·ed and eight, after which date th<' selection of timber and the granting of t>:<clmdvc territor)" wl1enl'ver practicable shall be reqtlired. SEC. 14. No license grantl'd umll'r the provMons of this Act shall continue in force for mot~ tlmn twenty years. The Chief of the Bureau of Forestrr, with the 11-pproval of the Sl'cretnrr of the Interior. may, in granting any t>xclush·e license, ptl'!l.cribe such terms, conditions. and limitations not incon!l.ident with tht> pro· visions of this Act, including a minimum amount of timbr1· to be cut within a specified period 01· periods of time, ar- may lll' deemed by the fJhief of the Bureau of Forestr)' 11nd 8ecretar;r of the Interim· to be in the puhlic interest, and may provide in !l.Uch licenses for forfeiture thereof in ca11e of violation of such terms, conditions, or limitations. Sr;:c. 15. The Chief of the Bureau of Forestry, with the nppro\•al 01 t11e Sl'cret11ry of the Interior, 11111111 publidy announce what classes of licenses shall be issued. Sr;:c. I6. 'l'hc Chief of the Bureau of ~'01"t'stry may, for ,·iolations of the i'orest Act or of the regulations, to be determined and declared by him, with the approml of the Secretary of the Interior, 1·evoke or temporarily suspend any licensl'. Sr;:c. 17. A gratuitous license to cut 11nd U!l.e timber for mining purposes iihall be g1·11nted. on application to the holller, locator, ownei·, lcsi>ee, or operator of 1t mining <'laim. 81\id license shall be limited to the claim on which the timber i11 cut, und no timber 11lu~ll be used under such liet>nse e"xcept in the development of the claim upon which it is cut. Said license shall specify the kinds and uses of the timber to which it entitles the holder, and the territorial limits within wl1ich it is valid. A miner's timber license to cut timber in the public forests of forest reserves other than that standing on the claim and desired for the development of said claim may be obtained on application by the holder, locator, owner, lesM?C. o; operator of a. mining claim. Said license shall specify the kinds ancl uses of the timber to which it entitles the holder and the territorial limits within which it is valid. The Government charge on timber th.us used under a. miner's timber license !!hall be one·ha1f the rate p1·escribed for the province within which said timber is cut. REC. 18. The Chief of the Bureau of Forestry, with the approval of the Sec1·eta1·y of the Interior, may deisignnte for sale 01· disposal, and may sell or dispose of by licem-1e from the public forests and forest reserves, stone or earth the removal of which will not be detrimental to the public forest11 or forest reserves or to the interests which depend upon them. The rates of cha1·ge shall be determined by him in each case 'With like approval. The Chief of the Bureau of Fo1·estry -may, with the approval of the Secretary of the Interior, grant liCf'nses for the removal of such stone or earth, and in such licenseR may prescribe such terms, conditions, and limitations, including a. minimum amount of stone or earth to be removed within a 11pecified. period or periods of time as may be deemed by the Chief of the Bureau of Forestry and the Secretary of the Interior in the public intcre!l.t, and may provide in such licenReR for forfeiture thereof in case of violation of such terms. SEC. 19. The Chief of the Bureau of Ii'orestry, under regulations to be prescribed by him, with the approval of the Secretary of the Interior, may grant grutuitous licenses for the free use of timber, ftrewood,.gums, rl'sins, and other forest products, and of stone and earth, in reasonable quantities and within definite territorial limit!I, for domestic purposes, and not for sale, barter, or any other use whatsoever. He may also, within definite territorial limits, similarly prescribe the free use of forest products and of stone and earth for public works: Provided, That a gratuitous license for woods of the first group shall not be issued. SEC. 20. The Chief of the Bureau of Fores.try, with the approval of the Secretary of the Interior, m11y, when the public interest so require, make requisition. upon the Bm·eau charged with public sun-ey11 to proceed to demarcate, establish on the grourid, and erect monuments along the boundaries of any public forest or forest reserves; and it shall be the duty of the last-named Bureau to cpmply with said requisition: Provided, That no duplication of work shall be caused by such demarcation: And provided further, That the CO!lt of such demarcation shall be defrayed from the revenues of the public forests or forest reservc..>s. SEC. 21. In ordl'r to promote uniformity and coBperation in the forest work of the Philippine Islands and the United States, and to facilit11tP the comparison of results, the methods of the Philip· pine Bureau of I?orcstry in forest measurements, timber test.s, sih·iculturnl observations, and other forest work, shall, so far as practicable, and in the discretion of the Chief of the Bureau of Forestry, be based upon the corresponding methods of the Bureau of Forl'stry of the United States Department of Agriculture. SEC. 22. No officer or employee of the Bureau of Forestry shall have any pecuniary interest in any forest or in any business in lumber, ftrewood, gums, resins, or other forest products, or stone or earth, in the Philippine Islands: Provided, That this prohibition shall not apply to guards or assistant guards, or to persons temporarily acting as guards or assista.nt guards. SEC. 23. Every official, employee, or agent of the Bureau of 1'~orcstry is empowered to make arrests with.out process in or upon the public forests or forest reserves, or territory adjacent thereto, of any person who is commiting or attempting to commit any \"iolation of this Act or the 1·egulations established thereunder, and it idmll be the duties of governors of provinces, the Philippines Constabulary, and of municipal presidents to assist in making the arrests prescribed in this section when ca.lied upon to do so. Where the person or persons found violating the provisions of this Act are members of a non-Christian tribe, they shall be dismissed with a warning in the case of a first offense, but upon conviction of a second offense shall ·be punished as in this Act provided for violations hereof. When any arrest is made under the provisions of this section without warrant, the official, employee, or agent of the Bureau of Forestry shall obtain a warrant from competent authority at the earliest practicable moment under the circumstances. Prisoners with or without warrant shall in all cases within twenty-four hours, if reasonably OFFICIAL GAZETTE 407 practicable, bP. brought before a judge or justice of the peace having jurisdiction O\"er the offense for examination and release under bail if the offense is bailable. SEC. 24. Eve1·y prh·ate owner of forest land shall register his title to the same with the Chief of the Bureau of 1',orestry. In the absence of such registration, wood cut from alleged private lands and not from public forests or forest reserves shall be con· sidered as cut under 1icense from public forest or forest reserves, and shall be subject to all provisions of this Act and of the regulations established thereunder in such case applicable. When in his opinion the public interests so require, the Chief of the Bureau of 1''orestry may make application to the examiner of the Court of Land Registration or the fiscnl of the province in which the land lies, for such assistance as may be necesnry in the examination of the titles thereof, with a view to their registration in the Bureau of I•'orestry, and upon the receipt of such application it shall bl'! the duty of the fiscal or l'!Jmminer of titles, as the case may bl'!, to render the assistance npplied fo1· by the Bureau of 1',orestry. SEC. 25. The cutting, clearing, 01· destroying of the public forests or forest resel"\"es, or any part thereof, for the purpose of making cninguins, without htwful authority, is hereby prohibited, and whoever, in \0 iolntion of this provision, shall cut, clear, or destroy the same for such purpose, or shall willfully or negli· gently set fire thereto, shall, upon conviction by n court of com· petent jurisdiction, hr punished by a fine not exceeding a sum equh·alent to twil'!e the regular Government cha1'ge upon the timbe1· so cut, cleared, or ~cstroyed, nnd, in addition thereto, by imprisonment not exceeding thirty days, in the discretion of the court. The cutting, collecting; destroying, or removing of timber or other forest products, stone, or earth from the public forests or forest· resen·es for any other purpose than making a cainguin,1 without license, permit, or other sufficient authority, is hereby prohibited, and any person who, in violation of this provision, shall so cut, collect, destroy, or remove the same, by himself, through an agent or employee, or for account of another, shall, in addition to the payment of the regular Go\•ernment charge on such timber, forest products, ~tone, or earth, be subject to the payment of an additional sum equivalent to the regular Govern· ment charge thereon, which shall be collected as in this Act provided in tl1e case of other Government charges. SEC. 26. Whenever an exclusive license of any class shall have been issued (to any person, company, corporation, or other associa· ti on) for the cutting or removing, from the public forests or forest reserves, of timber, firewood, or other fo1·est products, stone, or earth, it shall be unlawful for any other person, company, corporation, 01· association, while such license is in force, to enter or Opt'!rate within the territory covered by such exclusive license contrary to the terms thereof: Provided, That the residents within or adjacent to said territory ma.y be permitted to cut or remove timber, firewood, other forest products, stone, or elll·th for domestic purposes. If, contrary to the provisions of this section, any person, company, corpomtion, or other association shall enter upon, and shal~ cut or remo\"e, or attempt to cut or remove, timber, firewood., other forest products, stone, or earth, said propl'!rty so attempted to be cut or re1Do\"ed shall be seized as Government property, by the local forest official or other representative of the Forestry Bureau, and the person making the seizure shall promptly notify the holder of the exclusive license affected thereby, and the said property so seized shall be surrendered to him upon the payment oi the proper GO\'.ernment charges thereon. Should, however, acceptance of said property and the payment of the charges thereon be refus<'d, it shall be disposed of in the manner provided in Rrction thirt~·-two of thiK Act for the disposition of forest 'For former law respecting calngulns see 1 Public Laws, Annotated, 6'14. products, stone, or earth on which the Government charges have not been paid, and the proceecb1 turned o,·er to the proper official to whom the Government cha1·ges thereon shou1d ha\"e been paid. SEC. 27. No fire for clearing shall be started on private forests, woodlands, or fields adjoining public forests or forest reserves, without written permission first obtained from the local forest officer, or, in the absence of imch officer, from the president of the municipality or settlement in which such forests, woodlands, or fields are situated. A copy of said written permission, when given by a president, shall be furnished by him to the loca.l forest oRicer prior to the burning contemplated, when practicable; and said fires shall, when practicable, be lighted in the presence of such forest officer, president, or other duly authorized municipal official. Any pNson violating any of the provisions of this section 11lmll, upon, conviction, be subject to a fine not exceeding one hundred pesos or by imprisonment not exceeding thirty days, or both. 81:c. 28. Wliocvcr, without authol"ity of law, shall cut, make, manufacture, or have in his possession any Government marking hatchet or other marking implement, or any mark, poster, or other device oRicially used by officers of the Bureau of Forestry for the marking or identification of timber or other forest products, or any duplicate, counterfeit, or imitation thereof, or who sha11 fraudulent!~· make or apply a Government mark to timber or any other forest product by means of any authentic or counter· fc.>it Go\"crnment marking hatchet, implement, mark, poster, or other device, or who shall fraudulently alter, deface, or remove Go\•c.>rnml'!nt marks from Jogs, stumps, firewood, or othe1· forest products, shall, upon conviction, be punished by a fine not exceeding five hundred pesos or by imprisonment not exceeding one year, or both. &c. 29. Neglect, unreasonabl~ delay, or falsification in the making of reports, present.a.tion of papers, or in other acts re· quired by tl1e provisions of this Act or the Forestry Regula.lions, or refusnl !:o make rl'ports, 1n-esl'nt pnpc.>r,;;. or to perform othei· acts required by this Act or the li'o1·estry Regulations, shall, upon conviction, unless otherwise specially provided by law, be punished by a. fine not to exceed two hundred pesos. SEC. 30. Whoever, in violation of the provisions of this Act or of the Forestry Regulations or orders made in accordance herewith, transports, remo\"es, or discharges from any ship, boat, raft, car, cart, or other means of transportation, forest products, or stone or earth, or fails to pay the amounts due the Govern· ment on forest products, stone, or earth fo1· a period of more than thirty days from the date of the receipt by liim or his agent of the order directing the payment of the same, shall, in addition to the regular Government charges thereon, be subject to the payment of the sum of fifty per centum thereof, to be collected as in · this Act provided for the collection of other Government charges. SEC. 31. In the absence of a ioca.I forest officer the president of the municipality or settlement within which timber or other forest products are eut or collected shall act in Ms stead. Any president who, in the absence of a local forest office1·, shall neglect, refuse, 01· unreasonably delay to prepare and sign a statement of timber or other forest products, stone, or earth cut or collected within the territory under his authority, or to inspect firewood or other forest products cut or collected for lomd use in said territory, or to perform other acts required by the pro\•isions of this Act, shall, upon conviction. be subject to n fine not to f"Xcced fl.fty pe806; and the Chief of the Bureau of For~try. with the approval of the Secretary of the lntel"ior, shall p1·epare and fur· nish to local presidents the necessary instructions defining thcfr duties under this Act. SEC. 32. Forest products, stone, or earth on which the Govern· ment charges have not been paid as prescribed by law, and which have been seized in accordance with tl1e prm·isions of this Act, shall be offered for sale at public auction, unless redeemed as hereinafter provided. 408 OFFICIAL GAZETTE Fifteen days after anr tax on any forest products, stone, or earth shall ha,·e become dne and remains unpaid the local fort>st officer shall prepare Md sign 1t. {'l'rtifiPd ropy of thl" records of his office showing the person or persons delinquent in pnymcnt of such taxes, the amounts therrof, and of the costs and additional cha.rgt>s respeeti\'ely due from him or them. 'rhe forrRt officer thereupon shall proceed at onC"e to seize the forest products, stone, or earth of tht>· delinqnl'nl. and, unh•M rrdl•rmrd 1u1 hrrei1111fh•1' pro,·itled, to sell at public auction, nt some public place near where SUC'h prope1·ty is S(>ized, ns the local forest olftcer shall determine, so much of the same as shall satisfy the tax, additional l'harges, and costs of seizure and sale. to the highest bidder for cash, after due ad\"ertisement by notice posted ut the muin entrance of the municipal building in the nmnicipalit)' in which such seizure is made and nt a public and oonlipienous pla('(". in the barrio in which the property was seit"..ed, stating the time. plact>, and cause of sale. The certified l'OPY of the local forl'St ofti('("r'li record of delinquents. uttestc.>d by the sccrt't.ary of the nnmh·ipality within which the forest products wl'1·e Sl'il".e{L uppro\·e1l h)' the forest inspecto1· or forest.er in chnr~YC of the forest or i11sp1•1·tion district, shall be his warrnnt for thus Jll"O('f'eding. und the purchaser at sueh sale shall acquire an indefeasible title to the property sold. Within two days after the sale the locul forest officer shall make return of his prOC'eedings in writing to the Bureau of Forestry and shall reserve a copy thereof to be kt>pt by him as an official record, which shall also be at.tested by the.> municipal secretary: Provided, That if there ili no bidder, or if the highest bid is only equal to 01· less than the sum totul of the taxes, costs~ and additional charges, the Chief of the Bm't>UU of Forestry shall have discretionary power to dech\.l'e the same sold to the Go\"ernment in sa.tisfat.-tion of such taxes. rosts, and charges. and to invoice said products to the provint"ial supervisor or to uny other public official charged with similar duties, for usP. in public works. The proceeds of such ·auction 1mles shall be pa.id to the official to whom the Go\·ermnent charge!li on the same should ha.Ye been paid, who sl1all pay any surplus resulting from the sn le o\·er and above the tax, costs, nnd additional charges to the perROn on account of whose delinquency the sale has been made. SEC. 33. The owner of forest products sei7.ed may redeem the same from the local forest oflk-er or collecting officer nt any time after seizure and before sale by tendering to him the amount of the taxes, costs, and additional charges incurred up to the time of tender. The costs to be charged in making such SPizure and sale shall embrace only the actual expense of seizure and presern1· tion. of the property pending the sale, and no charge shall be imposed for the services of the local forest oftieer or colleeting officer or his deputy. SEC. 34. Whene\·er authority is gi"en in this A<·t for the impo· sition of any additional charge administi·ath·el~·- any person aggrie\·cd by the imposition of su<'h additional charge may, within twenty days after payment tliereof, appeal therefrom to the Court of First Instance of the province in which the additionn.1 charge wns imposl"d., and that <'Ourt shall ha\·e juri"'diction. afte1· dm• hf'aring, to confirm the illlfJO!iiition of th<> additional ehar1-lf' 01· to re\'erse or modifv the Kame. .Judgments of tl1e Courts of Firi;t Jnsta.nee in such 'cases shall he certified to tllP nurt>1111 of l•'orc:o1tr~·. a.nd, when in favor of the taxpayer, snl'h judgmt>nt shnll also be certified to the Auditor fm· the Philippine Islands. who shall hu111r a certificate for payment by scttll'ment \\'arr~rnt. upon the Immlur Treasurer, under the provisiom1 of Aet NumhPrc.>cl Three hundred fifty-seven,1 and shall charge the nmount of th<> warrnnt ngainst the forestry collections of thr prO\·ince and muniripality from which the timber was cut 01· tht> forest produet obtained: l'ro· vided, That if an appeal from the judgment of the Court of l•'il·st Instance iK taken by the Bureau of Forestry. the Chic.>f of snid Bureau shull immediately notify the Auditor. who shall withhold settlement of the account pi>nding final derision of the court. - - - - · · - 11 Public Laws, Annotated, 11111. SEC. 35. l•'rom u.nd aft.er May twentieth, nineteen hundred and four, there shall be pa.id on all timber, firewood, gums, resins, and othel' forest products, and stone and ea.rth cut, gathered, or remo,·ed from all public forests or forest reselT(>S on and after May twentieth, nineteen hundred and four, the rcspectfre taxes, cosLl!I, and additional charges imposed on such produets in this Act, The pa.ymcnt of nil such taxes shall be made within thirty days a.ftrr the date of the receipt by the owne1· or his agent of the order directing payment, and the payment of the proceeds of a.u<'tion 1:1ales. a.ml of all charges and costs imposed by officers or employees of the Burca.u of Forest1·y, shall be made immediately upon the receipt of the order directing payment, to collectors of int<'rnal re\'rnue or to provincial or municipal treasurers, a.s pro\'iiled hy l1tw. The eha.rges prescribed by General Orders, Numbt>rcd Ninety-two, sc.>ories of ninetffn hundred, office of the United 8tates .i\lilitary Go\·crnor of the Philippine Islands, shall be eollt>ct.ed on 1111 forest products cut, gathered, or remo\·ed prior to Mny twentieth. nineteen hundred and four. 8t:l'. :HI. All 11mns of money mentioned in this. Act shall be dc<'lnrd to he in Philippine currency. St;c. :Ii. Genei·al Orders, Numbered Ninety-two, series of nine· tl.'en hundred, isimed by the Military Go,·ernor of the Philippine Islands: Act N"umhrred Two httndt't"d 11nd >ieYenty·fonr,1 c11titlecl "An Act prohibiting the unauthori7.ed dcstrnction of timber on publi1· Iambi:" !iiN•tiun twenty of Act ~umbered Forty-ninf'/ en· titled "An Act p1·0,·iding for the establishment of a civil govern· mc11t for the" Province of Bcnguet;" section eleven of Act Numher<'ll One hundrPd and nim!tl'en.~ l'ntitled "An Act extc.>nding the provisions of the Provincial Government Act and the Municipal Code to the l'rovince of Occidental Negros;" and section eleven of Al·t Xumb1•1'('(! One hundred and twenl~·;. entitled "An Act extend· ing the provisions of the Provinciu.J Government Act and the Municipal cOde to the Pro\•ince of Orienta.I Ncgros," a1·e hereby repealed. SEC. :18. 'fhis Act shall take effect on its passage, except sections eleven. twelve. and thirty-seven, which shall take effect May twentieth, nineteen hund1·cd. and four, Enacted, May 7, 1904. [No. 1149.J AX ACT ~UIEN"DINH 'l'HE CUSTOMS ADl\IINISTRATIVI~ ACT, Xl":\IBJmJm THREE HUXDRED AND FlFTY-FIVE, 80 AH TO Al"THORIZE THE CJVIJ. GOVTRNOR TO SE'l' APAR'r CERTAIN PORTION"S OF THE WHARF, LA~D· ING PLACE. STREET, OR OTHER PUBLIC GROUND ADJACENT TO THE SJo~ASHORE AN"D CUSTOM-HOUSE IN AXY Ml'XICIPALITY FOR Ct:S'fO~\lS Pt:RPOSES, AND TO PT.ACE THJo: HAME LXDER THE JURISDICTION OF THJ~ COI~LECTOR OF CG8TOMS. /Jy arttlwrity of the United States, be it enacted by the Pliilippine 00111111 ission, tllat: SEcTIOX I. 8f'cl:ion twenty-six of the Customs Administrative Act. Xumll('l'l'd Three lmndn•d und fifty·fh·t>.~ i!ol hereb~· 111111.'lldt>d h.\· in11el't.inl! at the en.I cf li:tid 1;cction the following: ''Provided, /um·,~1·rr. Tlmt whrnt>\'l'l'. in the opinion of the Civil Go\'ernor, any public wharf, landing place.>. street. or land is necessary 01· dei.irab]c in loading nnd tmlouding ships, or for any proper cm;toms purpose 1it u.ny port of entr~·· hr i11 hrreby giYen power nnd nuthol'ity, by cxecuth·c order. to d('(.'!Urc.> that snch wlmrf. landing plnl't'. !-ltreet, or land slmll be undt>r thf' f'XClusive control und jurisdiction of the Collretor of Cu11toms or other customs official 11 Public r..nw11, A11notatcd, Iii-I. ~l Public Laws, Annotnted, 22·1. 226, ~I Public J,nws, Annotate.'<'!, 59. 6'!. ~1 Pnhlic Lnws, .\nnolated, 'lM. 'i93. 3J Public Laws, Annotated, 2'll, :?23. OFFICIAL GAZETTE 409 . -·----- -----------------at such port of entry, but the exercise of such jurisdiction sha11 in no wise nffect the general police powers of the municipality in which said wharf, landing place, street, or hmd is situated. After the issmmc<' by the Civil Gon•rnor of a11 Executive Order setting apart such wharf, landing place, street, or hmd as above specified for customs purposes, all the provisions of this section shall apply thereto." 8EC. 2. The public good re<1uiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section t.wo of "An Act prescribing the orde1· of procedure by the Commission in the enactment of laws," passed September twenty· sixth, nineteen hundred. SEC. 3. This Act 11hall take effect on its passage. Enacted, May IO, 1904. [No. 1150.] AN ACT FURTHER DEFINING THE POWERS AND DUTIES OF THE BOAHD OF HEALTH FOR THE PHILIPPINE ISLANDS AND OF THE MUNICIPAL BOARD OF THE CITY OF MANILA IN CONNECTION WITH THE PRESERVATION OF THE PUBLIC HEALTH OF THAT CITY, AND REPEALJNG CERTAIN PROVISIONS OF LAW RELATIVE THERETO. JJy authority of tlie United 8tatc11, be it emwtcd by tlie PhiUppinc Co11imissfou, thrJ.t: SECTION 1. Subject to the approval of the Sccrl'tnry of the Interior, the Board of Health for the Philippine Islands, acting in its capacity as a local board of health for the City of Manila, shall draft ·and forward, through the Secretary of the Interior, to the ).[unicipal Board for enactment, health ordinances for that city. The l\Iunicipal Board shaJI enact the oi·dinances so forwarded to it by the Board of Health: Provided, That if the Municipal Boa.rd shall consider any health ordinance as draft.eel by the Board of Health a.nd approved by the Secretary of the Interior to be unduly prejudicial to private interests or objectionable for other reasons, it sbaJI promptly return such ordinance through the Sccretarv of the Interior to the Board of Health, together with imeh amend~ents as it deems advisable. The Board of Health shall consider the amendments suggested, and shall make such changes in the ordinahees, if any, as it ma.y deem advisable, and shall return the same to the Municipal Board. Jn the event that the amendments, if an:r. adoptl'd b~· the Board of Health and ap· p1·0,·ed by the Secretary of the Interior, are not satisfactory to the Municipal Board, the Municipal Boa.rd may appeal to the· Ch•il Governor, who shall deeidr. the point or points at issue and prescribe the form which the ordinance sh111l take. His decision shall be final. If the Board of Health shall consider that the :Municipal Board is unduly dela~·ing action relative to any health ordinance duly transmitted to it for enactment, it may appeal, through the Secretary of the Intl'rior. to the Civil Governor, who ma~· dirC!ct the l\Iunicipal Board to act on such ordinance or may himself approve it with such modifications as he may deem advisable, and every ordinance so approved by the Civil Governor shall have the force and effect of law. REC'. 2. The ordinances draftl'd b~· the Board of Health shall be forwarded to the Municipal Board in triplicate. One oopy of each such ordinance received by thC! l\fonicipal Board shall be imme· fliatcly forwarded to the AdYisory Boarcl for its oonsiclC!ration and action. In thl" rvent tlmt the Municipal Board shall deem it advhmbh• to return an~· onlimmce to the Board of He.alth for umrnclment, it shall act upon the ordinl"ncr 11~ returned by tlm Hoal'd of lfoalth without again submitting it to the .Ad,·i,,;ory Boan!. 18314-2 SEc. 3. The ordinances drafted by the Board of Health may provide for( ii) Entry and inspection at rell8onab1e hours and in a proper manner of all buildings and premises by officers or employees of the Board of Health in the discharge of their duties, and by sani· tary police when acting as sanitary inspectors. (b) Cleansing, whitewashing, ventilatiOn, and proper sanitary maintenance of all buildings and premises; the nature and thickness of materials to b" used in covering the ground su.rfaees of a.II buildings or in covering open surfaces connected with cook houses, latrines, or other places where slops or foul liquids may be thrown or deposited; the conditions under which it shall be lawful to live in, occupy or use, let, sublet, or suffer or permit it to be used for habitation or occupation any building or part thereof which is in an unsanitary condition, and the cleansing of buildings and forbidding their occupancy until such time as they have been placed in satisfactory sanita.ry condition; prohibition of erection of unsanitary buildings and of the erection of buildings on unhealthful sites. fc) Pixing the mnximum number of persons who may be permitted to oeeup~· a dwelling or other building or any part thereof, nnd the numbl"r of lower animals that may be permitted to occupy 1111y stable, corral, pen, pound, or other pince or premises. ltl) lnstnllation and maintenance of adequate and proper dl'ainn:.,'l.' of hnildin~~ and premises, including the materials to Ix- used, in and the construction of plumbing systems, dmins, tmppings, watcr·C'losets, vaults, latrines, urinals, cesspools, aml sianitary fixtures and applinnCf's. (e) Proper sanitary maintenance, scavenging, collection and disposal of refuse, garbage, 1md manure, the removal and disposal of night soil, and the proper construction of receptacles for such substances, subject to the provisions of section thirty-three of Act Numbered One hundred and eighty·three,1 as amended by this Act. ( f) Maintaining in a proper sanitary condition hotels, restaurants, saloons. tenements, lodging houses, emigration or immigration howiPs, factories. workshops, jails. prisons, theaterl'i, convents, schools, or other placm1 of public assembly or resort: markets, bakeries, confectioneriPs, diariC11, nmuufactories of aerated waters or of bottled or other drink)! or of ice; food-preserving establish· inents and other places where foods 01· drinks are prepared or offered for sale; securing the healthfulness a.nd purity of foods or drinks sold 01· offered for sale in any such building, establishment, or place, and the sanitary conveyance of the same thereto nnd therefrom, and for 1meh other purposes relath-e to their sanitary condition as the Board of Health may deem advisable. (g) Sanitary regulations of the business and fixing the location of tannPriel'i, renderies, tallow chamlleries, bone factories, 1100.p factories. and other ofl'ensh-e or unwholesome establishments. businesses, or occupations which are dangerous to the public health, or the removal of the same when already established, if necessary to secure proper sanitation; sanitary 1na.in· tenanec of butcher shops and slaughterhouses; sanitary regulation of the killing of animals thereat, and of removal or conveyance of carcasses therefrom or thereto; and such other matters and things as may he deemed desirable for the purpose of securing the proper sanitary conduct of such trades, businesses, manufactoriei;, and occupn.tions. fl~) Sanitary control and nmint<"nnnee of public stables, baths, and laundries. (i) Protection from infection of nil public aml private water i;;upplics and imun.oes. und prohibition of the use of water of dnngerom~ <·lrnmcter for domrstie purpruie!I.. Ordinanees enn.cted for the p111'JIOSl' of protr<•linl! tht> purity of the water supply of 'l[aniln slmll npply to and br enforl't'd ovrr all territory within --1 }.J>ubllc Lnws, Annotftted. 3llrl. 410 OFFICIAL GAZETTE -----------------the drainage area of such water supply or within one humlretl meter1> of any reservoir, conduit, canal, aqueduct, m· pumping station moed in connection with the city watc1· service. (j) Pre\·ention 11nd 1mppression of contngious, infectiou!ol., or con1111unic11blc disease of man or animal; compulsory reporting of a case or <-a!«'s of any such disease; compulsory inoeulation of per:son,; or aninmh1 in order to prevent the occurrence or !oi)n·end of any such disemie; rlennsing 1md disinfection of buildinb'li or premises where any 1mch disease has occurred, and disinfection or dcstrul'tion of bedding, clothing, or other articles cont.11-ined therein; compuli;ory vacation, repah-, remo\·al, 01· dcstnwtio11 of any such building; qmirantining of llny building, pl'emises, or place de<'lllred by the Board of Health to be infected with contagious, infectious, or communicable disease of man 01· animal; regulation of the mo\•ements of persons or animals into or from nny such infected building, premiseR, or place, nnd the reruO\·al of the dead, Ol' of carcassei>, fodder, litter, dung, clothing, utensils, or any other thing into, within, or from any such quarantined buildings, Jll'<'mises, 01· place; establishment of detention camps and eontngious-disease hospitals; isolation or remornl to hospitn.ls or places of detention of persons or animals wbkh a.re affected by or ha,·e been exposed to any infectious, contagious, or communicable dhrease, and their detention in their homes, in hospitals, or elsewhere until danger of their de\·eloping or communicating such disease has passed; prohibition of the importing or landing of cattle. carnbaos, horses, or other animals, except at such places and times and subject to such restrictions as to mark· ing, iM>lation, and subsequent disposal as the Board of Health shall prescribe to ptcnnt the introduction or spread of infectious, contagious, Or communicable disea!'les; maintenance in a sanita1·y coiidition of all li\"e stock pens, stables, corrals, and other pla<"es of de"tention or maintenance of animals; condemning, killing, and disposal of animals sick of any dangerous communicable disea~s: and disposal of the bodies of animals dying from any such disease. (k) Cleansing and preservation in a sanitary condition uf vessels and boats in the harbor of Manila or within the cit.y limits, not within 01· subject to the jurisdiction of the Quarnntine Service. ( l) Clennsing and preservation in a. snnitary condition of the harbor of :Manila, and of rivers, est.eros, eannls, or other wnter ways and their shores, included within the city limits. (m) Destruction of rats, mice, insects, or vermin capable of carrying or communicating any contagious, infectious, or communicable disease, nnd prescribing the means nnd precautions to be employed on land or in \"essels in port nt :Manila, to minimize their number and prevent their spreading infection. · (n) Humane care of all persons c·onfined or placed in public or prh-ate institutions or plac.-es of detention within the city because of sickness, deformity, imbecility, po,·erty, insanity, or othe1· nffliction, and pro\·ision of snnitary accommodations for persons so confined or placed. (o) Reporting and registration of marl"iagcs, births, deaths, and other matters deemed by the Board of Health to be of sanitary or statistical impo1·tance. (p) Registration and maintenance in a 1m11ituy c·ondition of morgues, undertaking establh1hmcnb, reeriving \'aulbi, and pince!! for embalming or burial of t.hc dead. (q) Shipment., exhuming, burial. or disposal of the dcnd. (r) Definition, declaration, and prohibition of nuisances dan· gerous to the public health; location nnd use of public draim1. sewers, latrines, and cesspools, nnd con11truction and use of private drains, sewers, latl"ines, nnd ('t'sspools. (s) Cleansing, drainage, or filling in of low lands where such lands n1·c in an ummnitary condition aml in the opinion of the Roan) of Hr11lth constitute a sr.rious menaee to the pnblit· health: Proviclcd, That no order for the cleansing. drain11ge, or fillin~ in of such lands invoh•ing a cost of more than three hundred pesos, Philippine c·mTrney, shall be ell'ec·tin• without. the approval of the Seeretary of the Interim·, who may request from the Sanitary Engineer of the Philippine Islands a report 11s to the t.'Ost of cleansing, dr11in111,'l', 01· filling in any 1mch piece of low land, and the Sai~itnr~· l~ngineer !ihall make such report when so requested. s~c. 4. All health ordinances shall be r.ublishcd by the Municipal Bonni in Engli .. h, Spanish, and Tagalog. When m·clinances rclat.h·e to I.he sc\"eml subjects he1·einbefo1"c enumerated ha\•e be('Ollle elfl'cth·e, thl'y shall be published in con\"enient form for the i..rener11I information of the public by the ::\hmieipal Board in English, Spanish, and Tagalog, as the Snnit.uy ('ode of Manila. A cop~· of any health ordinance or of said code, in such one of these languages as he mlly select, sh811 be furnished on appli~·ation free of <'hnrgc to nny adult resident of Manila. HEc. 5, Any membt>r of the Board of Health, or any health offi<'<'r duly appointed by it, il! empowered, and it shall be his dnty. to make complaint unde1· oat.h in wl"iting against any per· son \"iolating any lwalth m·dinanee before the ::\lunicipal Court of l\Ianila, 11nd it shall be the dnt.y of that court to il!SUe a warrant for the anest of "m·h pcrNon so comphlincd of, and when a1Tcstcd. to try him as in other cases of violations of city ordinam-es: Pro1:idetl, Th11t nothing herein contained shall be construed as p1·e,•t>nting any municipal officer or any person from also making such complaint. SEC. 6. 8anitary inspe<"tions shall be made under the general supel"\"ision and t•onbol of t.he Commissioner of Public Health d<'signated as sanituy police by the Chief of Police, and by snch mcmbrl"s of the polic-e force of the city of :Manila as shall be designated a!ol sanitary police by the Chief of Poli(oe, and by such sanituy in11pcctors as may be authol"i?.ed by law. SanibH"y police and sanitnry inspcc·tors shall make sanitary inspections under the immediate dil'ection of district medical inspectol's to whom they shall report the rcsulb! of such inspections: Provided, 111at the city engineer of ::\Ianila or his duly authorized agent shall i11spl'ct and !olupcl"\"i>ie the construetion. repair, l'emoval, and safety of buildings, nnd the \"entilation. drainage, and plumbing of buildings and premises, nnd shall report to the Commissioner of Public Health any ,·iolations of ordimmces relative to ventilation, drainage, and plumbing: .hid provided. further, That the Board of Health shall lul\'e power to make inspections through its duly authorfaed agents in order to ast.oertain whether such ordinances w·e being enforced, and to initiate complaints against violators of such ordinances, after consultation with the city engineer. SEC. 7. Should the Board of Health find that excreta, garbage, refuse, the contents of closets, \'aults, cesspools, or any other unhealthful or dangerous substance, is being collected, disposed of, or allowed to accumulate by the city authorities in such a manner as to endanger the public health. it shall make complaint through the Seer<"ta1·y of the Interior to the ::\'lunicipal Boal'd, and should the :\Iunicipal Board fail to take seuonable and suitable ml'asures to remedy the evil, the Board of Health shall make complaint through the Secretary of the Interior to the Ch·il Governor, who shall isl!Ue to the Municipal Board such instruction,i; ai. he may deem net-essnry in the interest of the public health. SEC. 8. When, in the opinion of the Board of Health, the city of l\lanila is threatrncd with an epidemic of infections, contagious, or communicable disease, the Commissioner of Public Health shall so inform the Civil Go,·ernor. through the Secretary of the Interior, and may request the Ch•il Go\"ernor to issue an <'XN·uti\"e ordl'r declaring that the <'it~' is thrt'!atcnl'd with an <'pidl'mic and \"C~ting the Board of Health with emergency powers. The Ci\"il Go,·ernor ma~·. in hi>1 cli11c·retion, issue sueh orclc1·, and in the e\·ent of his cloini..• so. the Board of Health shall ha\•e the following ('IU('l"A'<'llC~· powe1·s: (a) Power to enaet, subj<"Ct to the apprm·nl of I.he Secretary of the lntedor. such cmergcncr health ordinanC?eH Ill> it may deem OFFICIAL GAZETTE 411 necc>1s11ry to prcnmt the occurrence or spread of infectiom~. contagioui;. or t•ommunicnble disellsu. Huch ordimmccs slmll lm\·e the snme forC't! and effect and be enforced in the same nuumer u11 if enncted b~· the :&\lnnicipal Hmml. t b) Powrr to nppoint such temporary emt>rgency employees us may be authorized by law. The pr0\·isiom1 of the l'i\'il Scrvi<>e AC't and it11 1m1Pnclmrnt.1 shall not necessarily apply to the ap· poiqtmcnt of such temporary mnergenc~· Pmployec-s. Sl!.-c. !J. \\"lw11 in the opinion of the Ch•il Go\'ernor the <lunger of an epidemic hai:i passed, he slmll so declare by executive ordPl". l:pon the publicntion of such ordt'r 1111 t>mergrncy health ordinuncl>s shall lx•rome of no effl~ct unll'11" the Civil Governor 11111111 in such t>xecuth'c> order specifically declare that one or mort' emergency hcnlth ordinances shnll rt'main in efTl'et for a further period to be by him prescribed. SEC. 10. Subsl'ctions ti). (11), (a:), \.'/), nnd (z) of sel'tion Sl'\"l'ntecn of .\C't Xumlx>l'l'd On<' hundred and eighty·three1 arc hereby amended to rend m; follows: '"ti) To regulate ihP bmsine1>s and fix the location of match fnctorirs, blacksmith shops. foundrieR, 1>tt>11m boilers, lumber yards. shipyards. nml other est:1blishment likely to endanbier the public safety by gh·ing ri~ to confh1grntiom1 or explosions; to regulate the storllf?I! an<l sale of gunpowder, tnr. pitch, resin, coal, oil, gniwline, benzine, turpentine, hemp. cotton, nitro· glycerine, I>etrolemn, or any or the products thereof, and of all other high)~· combustible or explosive matc1•iills." ·• ( u) To construct, maintuin. nnd 1·egulnte the na\•igution of eanull\ ·and water l'Oursl's and to eleanse nncJ. purify the same; to drain 1md fill 1>rh·nte pl"f'mises when necessary in the en· forl'ing of 01·1limtncl's cnncted undt>r the 1rnthority of paragraph (R) o{ section thl"ee of Act !\umbered Eleven hund1"t>d nnd fifty." (a:) To csiablish aml maintain public drains, se\\-e1·11, latrines, and cesspools." "(!fl Subject to the provisions of pamgrnph (h) of section three of Act Numbered Elc\·en hundred and fift~· to provide for the establishment of public laundries, 11tablcs, anti bath houses and regulate their use." "(z) Subject to the provisions of pamgrnph (g) of section three of Act Numbered 1%•\·cn hundred 1md fifty, to establish public markets, nmrkl't hmlsPs, and 11lllughtt>rhou.;es. nml rt>gulate their use; to regulatt> or prohibit the establishment of such institutions by any person, firm, or corporation; to regulate th<' business and fix the location of tnnnl'rit"11, renderies, tallow chan<lleri<'s, bone factories. and i;oap faetoric11." FiEc. 11. Section thirty·ti1ree of Act Yumhl"red One hundred and righty-three, entitled "A.n Act to incorporate the city of :\fanila," is hereby amt>mlcd b~· striking out the chmse: "shall supervise the collection and di11position of all garbage, refusl'.· the contents of closets. \"aulb, and cesspools •. and all other offensive and dangerous subst11m•e11 within the city," and by !lubstituting therefor the clause: "11hall collect and dispose of all garbage. refuse, the contenh of clo!K"ts, vaulb1, and cesspools, and all other offen11ive and dangerous substances within the city." REC. 12. Subsection (a) of section se\'Cn of Act Numbe1·ed One hundred and fift~··11evcn,: entitled "An Act p1-o,·iding for the estnblishment of a Iloord of Hen.Ith for the Philippine Islamls," is hereby amended to read as follows: "(a) The Simitary }~nj?inrer t11hall inspt>et buildinw;. plumbing. witter works, drainage and sew<'r system, stream!! and esteros within the limibl of the city of Manila. r<'porting the re11ult of such inspection to the Board of Health, and at the request of the Board of Health shall submit plnm• for and e1;timates of the cost of remedying unsanitary conditions dii;eovered b)' him. He shall further, at the request of the Board of Hoolth. prepare and 11ubmit to the Board plan11 and ei;timates of the cOl'lt of impro,·ing thr genrral 11anitar~· eondition of unhPnlthful districts in Manila, 11 Public Laws, Annotnted. 8.'16. !-1 Publi~ LuWli, Annotated, 29.'i. and slmll perform such other sanitary engineering work in the city of l\hlnila for the Board of Health as the Board mar direct." SEc. 13. Paragraph {Ii) of section four of Act Numbered One lmndn><I and fifty·seven, entitled "An Act providing for the e11Ut.blishment of a Board of Health for the Philippine Islands," so far ns it refers to the city of Manila, section twenty·one of Aci Numbered One hundred nnd eighty-three, entitled "An Act to incorporate the city of Manila," and a.II other Acts or parts of Acts which are in conflict with the provisions of this Act, are hereby repealed. SEC. 14. The public bYOOd requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance wit.h section two of "An Act prescribing the order of procedure by the Commh1sion in the enactment of laws," passed September twenty·sixth, nineteen hundred. St:c. 15. This Act shall take effect on its pnssnge. Bn11cted, l\lay IO, 1904. [No. 1151.) A:S ACT PROVIDING FOR THE REVISION OF VALUATION l•'OR THE PURPOSE OJ? TAXATION OF CERT~UN' PAR· CELS Ol·· LAND IN THE MUNICIPALITY OF BADOC, PROVINCE OF ILOCOS NORTE, BELONGING TO PEDRO CALAYCAY. Whereas it has been made to appear that a matel"ial error was made by the boa1·d of assessors of the municipality of Ba.doc, and by the tax rc\"ision boa1·d of the Province of llo<·os Norte, in respect to the area of fi,·e parcels of land in Casilan and four parcels of land in l..at'uben, all in barrio numbered thirty of the munic·ipalily of Budoc. iu the P1·0,·ince of llocos Norte, belonging to Pf'dl'O Calaycay; and \\"he1·e1H1 the n1hmtionR pla<.'Cd upon said lands are found to be inequitabli• by. l'eui;on uf such error in the area thereof: Therefore, JJ11 a11tlwril y of Ilic United Stales, be it c1ractcd by tlic Philippine Commi11siou, that: 8ECT1o:s l. The pro\•incial boa1·d of llocos :~forte, togethe1· with the seeretnry amt fiscul of that pro,·incc, arc hereby constituted a spedal board with authority to l'Orl'Cct all '"aluations of the property abo\'e stated on the n!lscssment list of the municipality of Badoc, and to state just \•aluations, in money of the United States, of each of the pa.reels of land n.bo,·e refened to, and to correct any anu all erroneous assessments of said pttn'Cls of land. The assessment li1:1t of the said lands, when so conected, shall be as lawful ancl ''alid for all purposes as though the conection and 1·en11sessment hC!'r<'in prm·idcd had been made by the board of tax redsion ai the proper time. Si::c·. 2. Tlw rl'\"i11ion of the valuations and assessments of the lots or parcels of land afor~aid shall be made and completed by the assessment board herein pro\"ided on or befo1·e the fifteenth day of June. nineteen hundred and four. The nssc'>sment and re\·n.luation1:1 11hall be made on notice to Pedro C:1ltty<'ay, and to the municipal nuthoritics of the mnnicipality of Dadoc, and ench 11hall be entitled to be heard before the re\•ii;ion bonrcl herein prO\·ided. No 11.ppeal shall be allowed from the al'tion of said board. Thl' action of the majority of said hon.rd 1;hall be deemed to be the action of the board, and binding. SEC. 3. The public good requiring the spredy cna<-tment of this bill, the passag<> of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in tht'l ennctment of 11tws," pa!!sc.>d September twentY·sixth, nineteen lmnd1·ed. SF.c0 • 4. Thi!'! A<'t shall take effcl't on its passage. Enacted, i\Iay IO. 1004. 412 OFFICIAL G.AZETTE [No. II52.] AN ACT EXTENDIXG THE Tl~IE FOR THE I>A\'llENT Ol.•' THE LAND TAX IN THE PROVINCE OJ.<' ISAHELA FUR THE YEAR KJXETEJ...:.1.'\ HUNDRED AND l•'OUR UN°TlL OCTOBJ~R FrnST, NINETEEN HUNDHED AND FOUR. Hy t11ttl1ority of tlic U1iite.d States, be it c1w.ctcd by tlic Pliili71pinc Commission, that: SECTION l. The period for the p11yment, without penalty, of the land tax for the ye1u nineteen hundred and four in the P1·ovincc of Isabela is he1·eby extended to Octobl'r fh·st, nineteen hundred and four, anything i11 previous Acts to the contmry notwithstanding. SEC. 2. The public good requiring the spP.edy ennctmt>nt of this bill, the passage of thE" same is hereby expedited in accordance with section two of ··.4.n Act prescribing the oi·de1· of procedure by the Commission in the cna<'tment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall tn.kf' f'tfect on its passage. Enacted, May I I, 1904. {No. 1153.] AN ACT PROVIDING THAT CERTAIN DUTIES IN RELA· TJOX TO THE BUREAU OF JUSTICE AND THE Bl"H.EAl" 0.1!' THE IN8ULAR TREASURY, XO\\" REQUIRED llY LAW TO BE PERFOHMED BY THE CIVIL GOVERNOR, SHALL BE PERFORMED BY THE SECRETARY 01'' nNAN.CE AND JUSTICE. lly authority of the l."nitrd States, be it r"acted bg tlK' Pliilippine Comtnission, tl&a.t: SECTIO:-. I. 'fhl' following ndminbbath-c nets relating to the Bureau of Justice and to the Bureau of the Insuhll" T1·eaim1·y, now authoriZl'll by law to be performed by the Ch·il GO\·ernor, i;hall hereaftl'r be performed by the Se<'retary of Finance 1111<! Jus\ice: (rt) To request 01· t1i1·cct 11 judge of any Court of 1''irst Instanre to hold the Court of First Instance in any pro\·ince ai; pro,·ided by section fifty-two of Aet ~umbered One hundred and thirty-six.1 fb) To appro,·e the appointments of cll"rical assistants, translators, interpn~ters, stenographers. and typewriters, and to app1·0,·e the compensation of such a~istants, as provided in para· graph (e) of section forty-se,·en of Act N'mnbcrt>d One hundred and thirty-six, as amended by AC't Numbered 'fhr<'f! lnmdred and twenty·fl.\'e.= (e) To dh·ect, in writing, any judge at large to perform Uie duties of ll judge of the Court of First Instance in any pro\•ince in the Islands, or of thP city of llanila, as provided in st>ction three of Act Xumbel'ed Three hundred and ninety-six.3 (d) To direct judges of the Court of Customs Appeals to perform the duties of judges of the Courts of l~irst Instance in any pro,•ince in the Philippine Islands, or of the city of )lo.nila, iu1 provided in s<"ction thrl't! of Aet Numhel'ed Right hnndred unJ. sixty-four.• (e) To direct the Attorney-General to present to the Court of First Instance ha.ving territorial jurisdiction o\·er the plaee ·in which a crime was committed, for which a person baa been dnly convicted by provost courts or a. military commission, properly confirmed by order of the military comma.nder, in eo.ses where the lawful judgments a.nd. sentences ha.\•e not been executed and can not be executed, a. record of the proceedings showing the con· viction and sentence of the defendant in such proceedings and the confirmation thereof when necessary, and praying tha.t the defendant be brought before the court to show cause why the sentence 11 Public Laws, Annotated,262. ~1 Public Laws, Annotated, 960. 21 Public Laws. Annotated, 735. t l Orr. Gaz., 679. as disclosed by the record of the proceedings should not be exe· cuted by orde1· of the Court of First Instance, as pro,·ided in Act Numbered Eight hundred and sixty-five.1 (fl To make special calls upon judges at la.rge during the court \"llcation, a.s provided in pa.ragra.ph (b) of section five of Aci Numbered One hundred and thirty-six, a.s amended by Ac..-t Numbered Eight hundred and sixty-se,·en.' (g) To issue an ordei· naming the judge of U1e Supreme C911rt, and the judges of a.II Courts of First Instance who shall remain on duty, subject to caJI fo1· the purposes of interlocutory jurisdic· tion throughout the Islands during court vacation, and to a.ssign to the regular judges of Courts of First Instance the districts O\"er which they shall exercise interlocutory jurisdiction, and to modify the order issued in the premises from time to time, upon the recommendation of the Chief Justice, as provided in paragraph ( c) of section five of Act Numbered One hund1·ed and thirty-six, as amended by Act Numbered Eight hundred and sixty-seven. The recommendation by the Chief Justice of the Supreme Court of the names of the judges who sha.ll be assigned to duty during vaca.tion period, as provided in the paragraph last referred to, shall be made to the Secretary of Finance and Justice, instead of to the Civil Governor. (h) To issue calls upon a judge a.t large of the Court of First Instance assigned to vacation duty to visit a.ny district and there to hold court as a. judge of that district to dispose of interlocu· tory ma.tters, as provided in paragra.ph (e) of section five of Act Numbered One hundred a.nd thirty-six, as amended by Act Num· bercd Eight hunched and sixty-seven. (i) To direct, when in his judgment the cmerb"Cncy shall re· quire, any judge assigned to vacation duty to hold during the ,-acation period a special term of court in any district, I.here to hear civil and criminal cases and enter final judgment therein, as pro,·ided in pa1·agraph (f) of section five of Act Numbered One hundred and thirty-six, as amended by Act Numbered Eight hun· th·ed and sixty-seven. (j) To a.ssign fi\·e months' vn:cation to judges of the Supreme Court and judges of the Courts of First Instanee not assigned to vacation duty, as p1-ovided in pa-rag1·a.ph (g) of section five of Act Numbered One hundred a.nd thirty-six, as amended by Act ~umbered Eight hundred and sixty·se\·en, and to postpone the extra three months' vacation in the case of any judge from one year to the next, if required by the public business, as provided in the paragraph la.st referred to. (k) To make announcement, by an order in writing, of the lea.\•es of abscnt-e of judges of the Snprf'me Court and judges of Courts of First Instance, as pro\·idf!1l in paragraph (j) of section five of A'ct Numbered One hundred and thirty-six, as amended by Act Numbered Eight hundrt>d and sixty·se\'en; and likewise to pass upon and approve lea.ves of absence of judges, which duty is now ordinarily performed. by the Civil Governor, but which is not plainly provided for by e.'l:isting ln.w. (l) To issue a.n oi·der naming the judge of the Court of La.nd Ht>gistration and judge of the Court of Customs Appeals who shall remain on duty during court \•aca.tion, and to direct any judge of the Court of Customs Appeals who is assigned to vaca· tion duty, when in his judgment the emergency shall so require, to hold during the vacation period a special term of the Court of First Instance in any district, either to hear civil 01· cl"iminal causes and to enter final judgment I.herein. as provided in section om.• of Act Xumbered Ten hundred nnd fifty-six ;3 a.nd likewise to assign five months' vacation to a judge of the Court of La.nd Registi-ation or of the Court of Customs Appea.ls, a.s provided in the section and Act last named; likewise to grant leaves of absence to judges of the Court of Customs Appeals and of the Court of Land Registration, a duty which is now not clearly pro· vided for by existing law. IIOff.Gaz.,681. :llOIT.Gaz .. 6&?. a2oft'.Gaz.,196. OFFICIAL GAZETTE 413 (m) 'l'o requh·e a. judge a.t large of the Court of First Instance to perform the duties of judge of the Court of Lnnd Registration in any province of the Philippine Islands or in the city of Manila, as provided jn section six of Act Numbered Four hundred and ninetv-six,' as amended b~· section OD<' of Act Xumbcr<'d Elf'\'ell hund~·ed and eight.2 (n) To direct the temporary detail of any provincial fiscal from one province to any other province in the Islands to perform therein such duties as may be assigned to Mm, in accordance with the provisions of Act Numbered Eleven hundred n.nd twenty-five. ( o) To a.pprm·e im·estments to be made by the Treasurer of the rlLilippine Islands of the assurance fund accruing under Act Numbered Four hundred nnd ninety-six, in accordance with the provisions of section one hundred thereof. SEc. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby e.'"Cpedited in accordance with section two of '.'An Act prescribing the order of proL'eliurc by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, May 11, 1904. [No. ll54.] AX ACT TU AllE:N"D ACT NUl\IBERED EIGHT HUNDRED A:N"D Nl:N"ETY-SEVEX BY l'ROVIDJXG A CLERICAL AND AD:MINJSTRA'l'JVE FORCE FOR THE ARRASTRE DJVJSJO:N" AT THE l\JANJLA CCSTOlI-HOt:-SE. By authoritu of th~ United States, be it enacted by the Philippine Comniission, that: SECTION I. Section five of Act Numbered Eight hundred nnd ninety-seven~ is hereby amended by adding after the word "additional." in the ninth line tht>J"("()f, the words "administrath·e offi.et>rs, clerks.'' SEC. 2. Tht> public good requiring the speedy enactment of thil'I bill, the passage of tht> l'lnmc is hereby expedited in accordance with section two of "An Act prescribing the orde1· of procedure by the Commission in the cnactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This Act shall be construed to be retroactive and etfccth·e as of September twenty-third, ninetPcn bundrPd and three. Enacted, May 12, l004. [No. 1155.] AN ACT REXEWl~G CERTAIN" APPROPRJATIO:N"S IX ACTS NI;:MBERED TEX HC::N"DRED A~D FORTY-EIGH'f AXD TEX HL"~DRED A:N"D 1',0RTY-NINE, L"XTJL SL"CH THIE AS THE REGCLAR .AI>J>ROPRJATJOX8 FOR THE FISCAL YEAR NINETEEN HUNDRED AND FJVE SHALL H.A VE BEEN MADE. By authority of the United StatN1. be it enacted by the Philippine Coniiniasion, . tl..at: SECTION I. All appropriations for the ncceissary operations of the Insular Go,·crnment and of the city of ~Ianila under the fixed digest subhendingsi as expressPd in Acts Numbered Ten hundred and forty-eight4 and Ten hundred and forty-nine,~ :trP hereby renewed in similar amounts for the general purposci; therein specified, until such time as the regular appropriations for the Insular Government nnd for th!"! city of :Manila for the fiscal year nineteen hundred and fh·c, or any part thereof, shall have been passed. This Act shall not be construed to renew any 11ppropri11tions in imid Acts for specific or temporary purposes, 11 Off. Gai .• No. 10, p. l. '2011".Gni.,303. 3Qff.Gai., 745. 40ff.Gu.,121. ~Oft".Gaz.,137. not continuous in character, and a sufficient sum is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for the purposes named and made available on July first, nineteen hundred and four. • SEc. 2. All withd1·awals of funds by warrant under this Act shall be transferred from this Act and charged on the books of the Auditor to the regular appropriations for the Insular Government and city of Manila for the fiscal yea.1· nineteen hundred and lh-e, when the same shall have been ma.de. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEc. 4. This Act shall take effect on its passage. Enacted, May 13, 1904. [No. 1156.J A~ ACT PROVIDING FOR THE MARKING OF ANIMALS AFI<'LJCTED WITH SURRA. By authority of the ~lnited States, be it enacted by the Philippine Commission, that: SECTION L lt shall be lawful for any duly authorized agent of the Board of Health for the Philippine Islands or of the Bureau of Government Laboratories to mark any animal f0und to be afflicted with surra, by fastening in its right ear a metal tag marked with the letter "S" and with a. number. SEC. 2. It shall be unlawful to remove any such tag affixed as provided in section one of this Act until the animal so marked has ht-en pronounced free from surra by a. duly authorized a.gent of the Board of Health or of the Bureau of Government Laboratories. Any l>erson 1·emoving a tag in violation of this section shall, upon con\"ietion, be punisl1ed by a fine of not Jess than 8ve nor more than fifty pesos for ea.ch offense. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure b~· the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This Act shall take effect on its passage. Enacted, May 14, 1904. [No. 1157.] AN ACT TO SUSPEXD ALL TAXES IMPOSED BY LAW ON DRAl'T CARTS A~D SLEDGES IN THE PROVINCE OF ISABELA. Wlu.~reas the Province of lsnbela is without improved roads which would be injured by the use of carts with narrow tires, or with wheels 1·igid with the axles, or by sledges: Therefore: By authority of the United States, be it enacted by the Philippine Commission, that: SECTION I. The tax imposed by paragraph (j) of 11ection fortythree of the :Municipal Code, as amended by section one of Act Numbered Seven hundred and sevcnty-four,1 entitled "An Act amending Act Numbered Eighty-two, entitled 'A genera.I Act for the organiiation of municipal governments in the Philippine Islands,' by imposing a tax upon sledges and making it the duty of pro\"incial boards to designate improved. roads in the several provinees upon which it shall be unlawful to use certain carts and sledges," is hereby suspended in its application to the Province of Isabela. SEC. 2. The public good ra1uiring the speedy enactment of this 11011. G•z .• 869. 414 OFFICIAL GAZETTE bill, -the passag<" of the 1mtn1! is hereby expedited in 11.ccordo.nce with 11cction two of "An • .\ct prescribing the ordt>r of procedure by the Commi11sion in the t'nactment of laws," passed September twt>nty-sixth, ninctren hundred. 8EC'. 3. This Act shall tu.kl' eff Pet on its passage. l~nacted, l\Jay 14, 1904, [No. 1158.] AX • .\l.'T APPROPRIATING THIRTY THOUSAND DOLLARS, IX MOXEY OF THE UNITED STATES, OUT OF THE GOLD·STAXDARD Fl"~D, l~OR THE PAYMRST 01'~ I~· 'fEREST OX l'lrnTIFICATES 01'~ IXDEBTEDXESS ISSL"ED BY 1'Im GOVEHX~IEXT tW THE PHILIPPI~E ISLA:?>.i'l>S t:XDER ACT 01~ CONGRESS APPROVED :MARCH SEC· O~D, XIXETE1'~X Hl."NDRim A~D THREE. Ilg aitthoritg of tlic V11itcd States, be it enacted by the Philippine Commission, that: 8ECTION I. Tht're is hereby appropriated, out of the gold-standnrd fund. the sum of thirty thousand dollars, in money of the L'nited States, for the puyment of the quarterly intc.>1-ei>t due .June first, nineteen hundred and four, on the certificates of indebtedness amounting to thrff million dollars issued und sold on behalf of the lusular Go\·ernment by the Secretary of War under authority of the Act of Congress approved March second, nineteen hundred und thrct', and Act Kumbered Seven hundred and ninety-two' of the Philippine Commission. S..:c. 2. The 1>uhlic good requiring the speedy enactment of this bill, the pa~age of the same i11 hereby expedited in accordance with seetion two of "An Aet prescribing the order of procedure hr the C.:ommission in the l"nactment of laws," paaed September tweuty·sixth, nineteen hundred. REc. 3. This Act shall tnke l."tfect on its passage. Enacted, !\lay HI, 1904. [No. 1159.] AX ACT :\IAKI XG 1-'l"RTHER PR0\"1810XS THAN ARI~ CON· TAIXED IX ACT :ST~IBERED OXE HL"SDRED AND XIXETY REL.ATIXG 1'0 THE PROCEDL'RE OF THE SUPRE}.m COL"RT IX THJ<~ EXERCISE OF ITS ORIGINAL JL'RISDIC..:TIOX IX CIVIL ACTIOXS ASD IN REJ~ATION TO C08TS TO BE ALLO\VJ<~D IN SUCH PROCElmINGS. By Hullwrity of the L"nited States, be it enacted by the Philippine Commission, that: SECTION I. Whene\"t>l" certiorari proceedings shall be instituted in the Supreme Court in relation to the pl"Oceedings of a Court of First Instance, as pro\"idcd 'in section fi\"e hundred and fourteen of Act Xumbered One hundred and ninety,• ('lltitlt>d "An Act prm·iding 11 Code of Procedure in Cfril ActionH and 8pecinl "rroceetlings in the Philippine Islands," and whcnevp1· mandamus proceedings shall be instituted in the Supreme Court ugninst a judge or Court of First Instance in accordnnce with section five hundred and flf. teen of said Act Numbered One hundred and ninety, and whene,·er prohibition proceedings shall be instituted in the Supreme Court ngninst a judge or Court of First Jnstance in accordance with section fil"e hundred and Kixteen of Act Sumbered One hundred and ninety, the party instituting such proceedings; in certiorari, mand11mm1, or prohibition shall, in addition to the judge or Court of Fit·st Instance, make 1111 a party defendant the person or persons interC"sted in sustaining the proceedings in the Court of First Im1tu11CP, and it 8hall be the duty of such person or persons to nmkr nec<>ssnry defense in the Supreme Court both in his or IJOff.Gaii.,461. ~l Public La.wa, Annotated, S78, 467. their own behalf and in behalf of the judge or Court of First Instnncc ntrccted by the proceedings; and if costs shall be awarded in fa\·or of the J>nrty instituting such proceedings in the Supreme Court such costs shall be awarded only nguinst the party in interest above 8tated, and not against the judge! of Court of First Instance who is mndc a defendant to the proceedings, anything in said Act Numbered One hundred and ninety to the contrary not· withstanding. SEC. 2. The public good requiring the speedy enactment of this bill, the pnsimge of the same is hereby expedited in accordance with section two of "An Act prescribing the orde1· of procedure b~· the Commission in the enactment of laws," passed September twenty-sixth, ninett>Cn lmmlrC"d. SEc. 3. This Act shall take effect on its passage. Enacted, llay 19, H>04. rxo. llOO.] AN ACT AUTHORIZING THI~ COLLECTOR Qli' Cl,;STOMS FOR THI~ PHILIPPINE ISLANDS TO CLEAR 1''0RE1GN VESSELS FOR THE PORT OF ISABELA DE BASILAN. By uutho1-ity of the L"nited States, be it enacted by the Philippine Coininission, that: SECTIO:S I. The Collector of Customs for the Philippine Islands is lwreby authorized to cle1u· fo1-eign \"essels for the port of Isabela. de Basilan, lslan<l of Basilan, under such conditions and regulations as he may impose: Provfrled, That all expense incident to the entrance of a foreign \'essel into the port of lsobela de Basilan shnll be a charge against such \•essel, and shall be collected before the vessel is granted a foreign clearance. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act IJl'l'scribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. :1. This Act shull take effect on its passage. l~nacted, Ma;i.· l!J, HI04. RESOLUTIONS OF THE PHIUPPINE COMMISSION. B:xtract froni m-imites of .-lpril ,IO, 190.ij. The President presented a communication from the governor of the Province of Rizal stating that Mr. Nazario Cris6stomo, 1n·esident of the municipality of Dosoboso, Rizal, had been badly mutilated and permanently disabled, and pnwented from earning a living, by a b&nd of outlaws, and further stating that many \•aluable f!lf!rvices had been rendered by him to the American authorities. It appenring that he had always been an active supporter of the authorities of the Ci\'il Government in running clown and capturing brigands and in the performance of other valuable services, and that the injuries inflicted upon him were -becam~e of these serviet>s, and that. by reason of his injul"ies, he iR unable to earn a livelihood: After consideration by the Commission, on motion, it was Resolved, That the Civil Governor be, and is hereby, authorized to expend from the fund of five hund1-ed thousand doHars ap· propriated by Act Numbl!recl One thousand and forty-six from the Congressional relief fund the sum of five hundred dollars, in money of the United States, to be placed in the hands of the GO\•ernor of the Pro\"in<"e of Rizal, and in his discretion to be given at once to Mr. Nftll'.nrio Cl"is6stomo, or to be paid to him in monthly instnllm('nts of thirty Philippine pesos per month, as may ,seem to be for t11e best interest of l\Ir. Cris6stomo. OFFICIAL GAZETTE 415 R:i:lrricl from 111i11ules of 1lpril .W, 190.~. Whereas the Conuniisosion, on l\lnrch thirteenth, nineteen hun· drcd nnd threr, pMsccl Act XumlHH'Cd Six hundred nnd eighty-one, authorizing a Imm of 11ix thous1111d dollars to the P1·0\•inee of :Xuc\•a Ecijn, such 11um to be rrpnid without intl'rest in two ('(Illal nnnunl installments within om• aud two yt!lll"l:I reiipectively from the dat<' of witlulrawal from lht• Jmml11r 'frrnsury of said loan; and Whrre1u; tlw p1·0,·i..ncinl bourd of X1ll'nt 1'~cijn. hy re11olution of April fonrtN•n. ninctl'<'ll hundr<'d 1111d four, Im!! petitioned the Commission to po.stpoue thr date of repa)•ment of one-half of 1:1nid amount, which it 11tatcs hi due upon April thirteenth, nineteen hundrl'd and four. to April thirteenth. ninetH>n hundred nnd six: Xow, thereforl', he it Rcsoll'cd, '!'hat the.> dab.• of 1·epn.ynwnt to the lnsulnr Govern· ment of one-lmlf of the Imm or six thommnd dollnri. made to the Province.> of Xt1l'\"1l lo~<'ijn by Act Numbered Rix hnmlrt"cl nnd l'ight~··one i11 hrrebr C'Xlrndc>d from April 13, l!I04, thr dnte or its nmtnrit~· acc>onling to th«' stntemc.>nt of the pro,·incinl bonrd of Xue\";l Ecijn, to April thirt.N>nth, nineteen hundred and six. f,';rtl"act from 111in11fcs CJ{ .Hay .I, 1904. Resofocd, That the Civil nowrnor Ix', and is hereby, authorized to expend from the fund of fin• hundred thousnnd dollars np· propriated b~· Act Xumberl'd One thousand and forty-six from the Congressional relil•r fund tht> sum of two thousand four hundred and twenty dollars, in mone;11· of the L'nitcd Stalt•s, in payment foi- certain animals and poultrr purchmmd by the Insular Purchasing Agent for the Bureau of Agriculture on Requisition !\umbered One thousllml nntl twent~··«'ight, second quartl'l', fiscal year nineteen hunched and four. b'a:h·act from minut.es for proceedings, .llay 10, 1904. Be it 1·csoh:cd, That the Civil Gove1·nor be, and he is hereby, authorized to direc>t an expenditure of one thousand eight hund1·ecl pesos, Philippine currcnq, m· i;o mneh thereof as may be necessnr.". from the fund of fiw hundred thommnd clollo.rs appropriated h~· At·t ~umbered One thou8and and forty-11ix out of the Congres11iomd relief fund, for the pm·chaiu• of six hundred cavo.ncs of palny set'd for snle in the Pro\•ince of Romblon nt l."OSt, the prot'ffdf'I of such sale to be thereupon 1-eturned to the lnsulo.r Trea1mry to the credit of said Congrei:1Sional relief fund. Ra:traci from minutes of .Uag 16, 1904. Wlw1-e11s the munic>ipulit:i· of )luh1bon has asked that the pro1>ert~· known as the "1',abricn de Talipnpa Matanda" be tran!I· ferrcd to it, together with the stone of the old building, for school purpose!!, said municipality promiKing to erect on the 11ite of the Fubrica de TalipllJ>R :\Int11mla a 8Choolhouse for the ]l('nefit of a large number of 11Cl10ol childrPn who are at present without school accommodation11; 11nd Whereas the land upon whil'l1 thl' said 1''abric11 W0.8 erected was purchased by the Spanish Government from Severino JosE 8tuuez and Celestina I~azaro in eightec>n hundrPd and fifty-one for the sum of two thommnd 11ix hundred and eighty pesoK. that Gov· <'rmnl'nt <'recting 011 the land a cihrnr factory which w1u1 operated until t>ightt>en hundred nml eighty-two. when thP tobo.cco monopoly was nboli11hed by go\·ernmcntnl decree and the factory 11uppressed, 11t which time the lnnd and the building were offered for sale on n \"ahmtion of nint>ty·one thousnml nnd fourtt>en dollnrfl and flfty-st>\"t>n ct>nb1, :\lc>xit>nn t•urrt>lll.';\'. the> \'1thmtion lming finally n•duc>t>d to flfty-fh·e tlmn1111ml t•iJ?ht hundrt>d and thirty-four dollars l\nd sevt•ntr·four ct>nts, :\Jl'xicnn eurrenC':.', without oh· taining an:.· bicldPr; and Whereas llR far as can be :.,rathercd from the pupt>r!i !iUhmitted for the consideration of the Commission the building is now in ruim1, prob11bly having been burnC!d during the insurrC!ction: Xow, thC!refore, 00 it llcsotved, That the ruinctl building formerly the "Fabl"icn de '1'1tlipnpa 1\Jatandn," and the 8lone composing the same he gl'llnted to the municipality of Malabon for the purpo8r of con· structing a tichool; and that, until further ordered, the mu· nicipality be allowed the UHC of the land appertaining to isaid building, mentioned in the petition, for school purposes: Pro· ,·ided, tlmt the municipality of Main.hon begin construction of th~ school building within thirty clays from ,June I, 1904, and com· pletc said building within one Year from the date of this reso· lution. EXECUTIVE ORDEUS. 'l'I-Jlo: HOVEHi'JMENT OF THE PHILIPPIN"E 1SJ...AND8, l~XJo;CUTIVE BURI~AU. 1\:IANILA, .Uay 20, 190·*· 1~xt:c~~~E24~RDEB } 'l'he ollicial rate for the redemption of Spanish-Filipino currency and its acceptance for public dues from and a.Cler 1\:lay twentythird. nineteen hundred and four, and until further notice, is h~reb:.· fixt"d at the ratio of one l>C!so and tt>n ccmlavo11, Spanish· Filipino currency, for one peso Philippine currency, or its cqui\"lllent in United States currency. Mexican pesos will 00 received in exchange for Philippin~ cur1-ency at. the above authoriZt~d rate of exchange between Spanish-Filipino coins and Philippine currency. LUKE E. WRIGHT, Oivil Governor. Ry F. W. CARPENTER, . Acting Ezecutive Secretary. THE GOVJo~RNMJ~NT 01'' THE PHILIPPINE ISLANDS, EXMCUTIVE BUREAU. MANILA, J/ay 2J, 1904. Jo;XEC~~~·E2~RPEB } Mr. Pablo Guzman having 1·ecei\'ed a 11111jority of the \'Otl•s cast in the election for pro\'incial governor held in the Province of C11gayan on l~ebrunry first, nineteen hundred aml four, and any irregularities which may hn.ve occurre<I in such election not being deemed of spfficient importance to !it!t aside the proceedings of the convention called under the proviidom1 of section four, Act Numbered Eighty-three, Philippine Commission, as amenclPcl by Act Numbered Three hundred nnd thirty-six, his election is hereby confirmed. · LUKE E. WllIGJIT, Civil Govcr11or. By F. W, CARPENTER, Acting Rzecutivc Becrcta'!I. DECISIONS OF THE SUPREME COURT. (No.1267. January 19, 1904.] C0-7'/A)'GCO, pW.i11tiff nnd appellec, vs. T0-1.4.MCO, defendaJit. and appellant. 1. l'LEADINQ AND PRACTICE; Al'l'El.l,ATE PitOCF.Dl'RF.; MOTION FOR NEW TRIAi.; R£VIBW OJI' EVIPENCE.-ln the absence of o motion for a new tr:lal 11pon the ground that the findings of fact of the tr:lal j11dge are plainly and manifestly against the weight ol the C\'ldence the Supreme Court will not review the evidence or disturb the findings, 416 OFFICIAL GAZETTE 2. CONTJU.CT; MASTER AND SERVANT: QUANTUM MERUIT.-An agreement to render personal services and the actual rendition thereof gh-cs the senont an action against the master for the reasonable value of the services rendered, in the absence of an exprei;s stipulation as to the amount of the wage to be paid. APPEAL from a judgment of the Court of Fil'st Instance of l\Iunila. The facts are stated in the opiniop. of the court. ALFllEDO CJUCOTE, for appellant. \Y. H. KITCHENS, for appell<'e. MAPA, J..: The appellant made a motion in the triul court for a new trial on the grnund of newly discovered e\"idencc. The motion wns not bnsed upon the ground that the findings of fact wen' (·ontrnry to the weight of the evidence, and consequently under Uw pro· visions of article 49i of the Code of Civil J>rocedure, om jurisdiction in this case is limited to determining thC' question,; of law raised in the bill of exceptions, but without reviC'\\·ing the evidence. The court bC'low in its det•ision says that "the Chinauwn Ong-Congco, Chuu-Checo, and Cuu-Cheo testified that the defendant To-Jamco promised to pay them for the scni<"PS they WC're to render, and that they have assignl'd the amount of tlwir claims against the defendant to the plaintiff." lfo also ><ay>< that "tlw plaintiff testified to the same effect, and it muy bt> n•gardcd n,; nn uncontrovert~d fact that the assignmf'nt was leg-ally made." As a result of his construction of the e\'idl'nce intro<lucPd hy the parties,.the court below concludes that "the dirN·t testimony of the Chinamen who ha,·e testified in this ea>Jt• must be c·onsiderc<l as constituting more weighty evidence than the testimony of the defendant." This is equivalent to the statement that the court considers t°he above-named Chinamen's testimony concerning the fact that the defendant undertook to pay .them for their st>rvices as worthy of credence, and therefore in his opinion true; and that it is also true that Ong-Cong.co, Chua-Checo, und Cua-Ohco have assigned to the plaintiff their right to reco\'el' tltt> amount dur fol' such services from the defendant. The court below also considel'ed it proven that the suid Chinamen and the plaintiff actually l'cndcl'ed the sen-il'es upon whid1 the complaint is based, and that the sum of 110 pesos and 80 c•rnts is still owing fol' the services rendered by Ong-Congeo; l lG pC'so>< and 96 cents for Chua-Checo's sen·ices; 14U prsos 1111<! 85 cents for Cua-Ocho't; services; and 123 pesos nnd 55 rents for the services rendered by the plaintiff. From these facts it is to be inferred that the deft>mlant entered into a contract of hire with the plaintiff. and the three other Chinamen above named, by which he undertook to pay them the value of their services; that the latter actuully rendered the senices contracted for, and that tl1e dl'fendant is still indebted to them for wages in the amounts above expressed. This being so, the judgml'nt of the court below is <•\·identl_v in conformity with the law. Contracts bind the eonbucting partirs to the performance of tll(' ugreement C'nter<'d into. Thr obligations arising therefrom lrnve the forcC' of law bC'tWt>l'll the contracting parties and must be executed in Ul'cordnnce with the tenor thereof. (Arb;. 1258 und 1091 of tlie Cid! Cod<'.) Consequt>ntly the court below in t>ntering his jmlgnwnt has not <'Olllmitted any of the errol's assigned in the bill of l'X<·eptions. It is unnecl'ssal')' to c·onsider the lt>!(al cffl'<·ts of the nott• made by the defendant at the bottom of thl' C"ontraC"t entC're(l into between the Philippi1w J...umb(•r and De\·l'lopment Compt111,v ;11\!l the Chinnman To-Chal'O. a c·opy of which :tppC'ars in tlw judgment. \\'hatever might be it" l1•gal efl'r('b, tlw fiu·t that the defendant agreed to pay tlw plnintiff and his <"ompanion:< for their servil'es is in itself suHkiC'nt to produee the obligation on his part to make such paymrnt, the servil'es which were the object of the contract having IJcen rendered by the plaintiff and his companions. This is entirely independent of the obligation which, on the other hand, he may have incurred by reason of the undC'rtaking expressed in the. said note. From that personal stipulation entered into with the said Chinamen and the plaintiff and not from the note (which constitutes another distinct juridical uct and which has not even been mentioned as the ground of the action brought in the complaint), arises the right accrning to the plaintiff, personally and as assignee of the others, to demand the payment of the money whose recovery is the purpose of this action. For the reasons stated we afiinn the judgment of the court below, with the co><ts of· this instance against the appellant. Judgment will be enh'rNI in conformity with this opinion twenty days from the date of ib filing. and the case remanded to thr court below. Arellano, C. J., Tones, Cooper, Willard, and McDonough, JJ., concur. Mr. Justice Johnson did not sit in this case. Judgment a.fftrmcd. [No. H36. January 30, 1904.] 7'11H l.iX/'J'l~'U S7'.-t'l'RN, complainant and appcllce, vs. JOAQUIN TRl/,L1l.\'/~'S, d<'fendant and UJJpcllant. l. *CHDJISAL LAW; EsTU'A.-When the proof of the facts constituting the crime of Ci!laja is lllcking the accused must be acquitted. 2. Ill.; WEIGHT OF EVIDENCE: REASON.ABl.E DoueT.-When there ls not a prepondemnce of evidence of the commission of the crime and of the guilt of the accused It can not be held that the punishable 11ct baa been committed beyond n rel\llonable doubt. APPEAL from a judgment of the Court of First Instance of Batangas. The facts are stated in tlw opinion of the court. PER~'ECTO GAmlIEL, for appellant. 8olicitor-GC'neral AUANE1'A, for ap1iellee. TORRES, J.: On 8eptember 4, Hl02, Juan Cantos filed a written information charging ,Joaquin Trillancs with the offense of estafa, alleging that in .April, 1901, he delivered to the defendant in the barrio of Jlahanudiong, of the town of Taisan, Province of Batangas, for S!lfe·k<>cping u white horse, of the approximnk viliue of 200 pesos, urn! that the defendant subsequently sold the said horse to one Pedro Castilla without the knowledge or the con~ent of the complainant. The complaining witness testified under onth thnt he was in the barrio of :Mahunadiong one day in said month of April, when the accused, with whom he wns on very good terms, accosted him and beggrd him to deliver the horse to him; that he took the horse to the town of lbaan, delfrered it to the defendant as a bnilment; that he delivered the horse because at that tirn~ he was wandcriug about the country as an insur,!!'ent, although on the 15th of :March of the next year, 1902, he surrendered to the American authorities; that on account of illness he was unable to go for the horse; that in May, 1002, he saw Trillanes pnssing h)' his hou,;c, whereupon he called to him, asking him to return the horse. and suggested to him that one of his servants might go \\·ith him to bring bnek the animal; that Trillunes answered him thnt an American lieutenant by the nnme of :\Iaunes hnd borr()wl'd the horse from him, and that. us ;;oon ns lw reurl\c(l it he would turn it O\·C'r to Cantos; that a few (Jurs afte1'wnrd he snw Pedro Castilh1 go h,,. the houl<l" ridinl-{ thl' horse. and then he wrote to Trill;mcs asking him how the hon:.C' had been taken from his pos* Ilcnrlnolc~ hy Mr .. lusUec Torres. OFFICIAL GAZETTE 417 ses!olion, 11nd to tell him in case it had been seized who had seized it, in ordC>r that he might claim it; that Trillanes did not make any rep!~· until after four letters had been sent to him, and then he stated tlmt he had sold the horse for the purpose of reimbursing himself for the expenses incurred for its keep at the rat.e of 2 renles per diPm; thnt he was ready to have paid Trillanea thiS amount, and the def .. ndant nevertheless had disposed of his horse: that a nll'rchnnt of Lipa had offered him 200 Mexican pesm; for it, and that he had not wished to sell it; that in Octo~r. l!JOI, when hP nuulc demand upon the defendant, by means of 11 lctti-r, for the return of the horsr, the latter answered him that if ht'! returned it and the officer commanding the Scouts of the detachment at llmnn should know of it, he would fare badly, and perhap."1 the mattl'1· might cost him his life, 11ml for this reason the defendant requested thP complainant not to claim b.-,ek his hors<' for the time being, for all of which re1tsom1 he consented that the horse :-1hould IX' left in Tdllanc11' pos11ession on aceonnt of the fact that he, the complaining witne11;s. was renlly an insur· J..~nt officer at that time, although in l\Iarch, 1902, he surrendered with his mPn and arm11 to the Americans; that he subsequently discovered thnt the defendant had sold his horse, and after re· peated letters the defendant an11wPred that hP had done so because he l1ad spent a lot of money in maintaining the animal and taking care of it, for which reason he had Jx>t>n compelled to sell it, and that hl! might ns Wl"ll gh·e up all hope of ever recovering it; that Trillnue:-1 claimed that h<' had j!ivt"n the witncSft his bay horse in 1•xclumge for the latter':-1 white horio;c; that this w1u; not true bccnu!IC said horKP was delivered to him h)' the defendant in ex· dinnge for another horse whieh Trillanes had lost. A letter ( r<!cord, folio 25) was exhibited by the complainant, who said thnt the hor:w .had been sold to :Marcelo J...lana for $200, as per docmnl'nt of conYcyance which was exhibited in the record; that hf' had no e\·idence to prove the deposit, except the letter exhib· ited, and witness.es to the facts cmnplaine1l of. The witnrsses pre!IE"nted b)· the complaining witness having been 1•xamincd. Pedro Garcia tl':-1tificd that about eight months ago, mm·r or le11s, .Joaquin Trillancs had sold him n white horse for 200 pe.io,.;, Mexican curnmr)': that hf' did not know whether this horse belonged to the drfondant or the complaining witness, Juan Cantos. Sebastian Emm and Cri!mnto Bntjan testified that they were present when the complaining witness, Cantos, bPing then in the barrio of l\lahanadiong about two ycario; ago, had delivered thc whit!<> horse in question to .Joaquin Trillanes for safe-keeping. J~upo Castillo testified that one morning in Mny, l!J02, he was in the houi.;e of Juan Cantos nnd met Joaquin Trillancs there; that he heard a conversation in the l'OUrsc of which Cantos proposed to Trillanes to send a man with him to get the white hor,.;e which the defendant had in deposit. and thnt Trillanrs told him that th<lre was no need of it becam~c lw would 11rnd Canto:. the horse. An· tonio Tiangco testified that thr hor.ie llClonged to CnntO!I, he hav· ing acquired it from Antem Gutierrez, and that he afterward!'! saw the hor:;e in the possession of the defendant, but that he did not know how it had come' iii.to his h1tnd!'I. Florencio Cacdo testified that in August or September, 1901, while he was in the house of Angel Perez in the town of Jhaan, the defendant Trillnne:-1 was also there, and that he asked him whether be \'l'as willing to !';ell him the white horse, because he had been informed that it WRl'i a hand!'lome animal, and that Trillane;i, the defendant, replied that the horse was not his but belonged to one Juan Can· tos, a11tl that hr did not ha\•r it in hii~ posse5!sion. Thi~ ih•fenda.nt, Joaquin Trillanl"s, pleaded not guilty, and testifying on his· own behalf, stated that one day, the rxact date he did not remember, at the time the American Army was between Santo Tomas and Ta.nauan in Ba.ta.ngas, the complaining witness, .Juan Cantos, appeared in his house in ]bann, with three soldiers, remaining there until the afternoon of the following day; that the American forces approaehing, Cantos was forced to leave, and 18314-3 for that purpose borrowed a bay horse which he never returned; that over a yea.r afterwards Cantos wrote to him telling him to see the white horse which he had in Ta.isan, and that if he liked it he should keep it in exchange for the bay horse which he had taken from him; that a few days afterwards both the defendant and the complaining witness met at Taisa.n at the house of Ricardo Tiangco, a.nd later, Oeeing from the Americans, they had rested in a. hut out in the fields in the barrio of Pa.nhayaan, where they met Mateo and Isidro llustre a.nd other unknown persons, and then and there Cantos made delivery to him of the white horse in exchange for the ba.y horse; that the persons who were there a.ssembled, as well as the owner of the hut, Moises Sara, had witnessed the exchange, and that afterwards each one went his way; that some months later, and although he had spent a great deal of money in feeding and training the horse, being afraid to lose it on account of the orders for the reconcentra.tion, he sold it to Pedro Castila for the sum of 200 pesos, but after Cantos surrendered the latter asked him for the white horse and whether he still had it, and then he told him that he had sold it to Castila; that it is a. fa.ct that be ha.d received. letters from Cantos in which the latter demanded of him to return the horse, to which he replied that he should not take the horse from him because the exchange of the two horses, the bay for the white, had already taken place. The defendant acknowledged as his the letter signed by him, which appea.rs at folio 25, and he stated besides that he remembered the horse had been delivered to him on March 20, 1001. He likewise testified that it was true that the complaining witness's brown horse was lost while in his possession, but that this horse be had exchanged from the cdrnplain· ing witnt"Ss for a chestnut horse; that it was true he had st.ated to Florencio Caedo when the latter inquired a.bout the white horse that the 11orse belonged. to him, that he had obtained it from Juan Cantos. The witnesses for the defense, Moises Sa.ra, Mateo Ilustre, bidro Ilustre, on being examined, testified that from morning until the afternoon of March 20, l90I, they were in the company of the <."Omplaining witness and the defendant and other people, at the house of the flrst named, Moises Sa.ra, in the barrio of Panhaynan, and that at that time Jua.n Cantos proposed to Trillant"s thc exchange of his bay horse for the white horse, to which 'frillanes agreed. and so.id exchange was agreed upon, so that when TrillnnPS went away he took with him the white horse and Cantos took the bay horse. Pedro Medrano testified that Trillanes h&d. ordPred him to train his bay horse, and that one Sunday afternoon whrn he wa!'l going to ride it the defendant Trillanes told him that he would no longer lmve to continue training the horse lwcn.use hi11 friend Cantos was going to get it. That a. yea.r afterwards Trillruies requested him to train the white horse, which according to Trillanes had been giveh to him in exchange for the hay horse, Damaso Masilang testified that one day while search· ing for th<l white horse, which his brother Emiliano used to t.ake rare of and which had disappeared from the house, Jua.n Cantos told him that he had already given the horse to Joaquin Trillanes, the defendant. Considering the merits of the case according to the rules of sound discretion, the:, conviction is acquired that in this ca.use there is not enough evidence to prove the existence of the offense of estafa of which the accused is charged, and consequently that the defendant should be acquitted. An n.ttempt has been made by the prosecution to show that the white l1orse wu delivrred to the ac<'used as a bailment, and by the. defense that this horse had been received in exchange for another horse of ba.y color which belonged to the defendant, and which wa.s already in the po~session of the complaining witness. In spite of this evidenec and of the contents of the letter addressed to the latter by the accused, it is not possible to conclude that the horse in question was" really delivered to the defendant for 418 OFFICIAL GAZETTE safe-keeping. The oral testimony is conflicting. The writer of the letter, far from acknowledging the proof of deposit, alleges in tbe letter reasons which tend to show that the delivery of the horse to him was not a. bailment. Therefore there does not exist a preponderance of evidence to determine the existence of the offense a.nd the guilt of the accused, TrilhmeH, neither is it possible to find beyond a. reasonable doubt in view of such evidence that the offense of esta(a, as defined in section 535, paragraph 5 of the Penal Code, has been committed. Whate,·er may be the rights which the parties respectively ma.y believe they possess its to the horses in question and as to the reimbursement of the P.Xpenses for the feeding and co.re of the same, theJ:" are free to enforce them by civil action. From what has been stated it is therefore om· opinion that the decision appen.led from be reversed and tbe deft>ndant, TrilhtnC?s, acquitted with the costs de o·ffoio. It is so ordrrP.d. Arellano. C. J., Cooper, Willard. Mapa, McDonough, and John1100, JJ., concur. Defendant acquUted. [No. 1300. Februar)" 3, J90f.] "I:.'. C. M'CL'L/,OUGH, plaintiff rrnd u1)pcUec, VR. R .. 4.E'A'LLE tG CO., defemlant and appellant.1 Pl'r COOPER. J ., difl8enting: I. s .. u.B: W ARltANT\".-ln the case of the sale of merchandise, even in the ab!ccnc.oe of any stipulation IUI to qo&lit)", the \"cndor impliedly warrants the orllclc 1tOld against hidden dclcctli which make it 11n8t for the use for which It I!! inteqded. 2. Io.; ID.: HIDDEN DBFECTl.-Defects in leaf tobacco i;oJd In bftlCll are bidden defects ago.inst which the vendor impliedly warrants the vendee. APPEAL from n. judgment of the Court of First Instance of Manila. The facts am 11tated in thr opinion lof the coul"t. ,JosE M. RosAoo; for appellant. GIBBS & KINCAID, for appellee. C'OOPER, J., dis11enting: The agreement entered into between the plaintiff and the defendant on the 2itl1 dar of Augm~t, J901. wa11 a. perfected con· tract of salr of the tobacco in question. By tht" pro,·i11ions of nrticlr 1450 of the Civil Code: "The sale ~hall be perfectrd brtwren tl1f' vt>ndor and thP. \'endee. and Hhall he binding- upon both of them if they huve agreed upon the thing, object of the 1-ontract, ilnd as to the prire. even wht>n neither one nor thf' other has been delivered." The thing, the object of the contract, was "thf' stock of tobacco in leaf • • • belonging to the said factory." The price wu •·fixed at the invoire prire" a.t which the dt"fendant had previously purchased the tobaet'O. That the transaction was an absolute 1mle is al110 clearly ex· pressed in the contract itself. It states that R. Aenlle & Co. "sell absolutel'y and in fee simplP to E. C. l\lcCullough, the tobacco and <'igarette factory kno\vn as 'La Maria Cristina' located at No. 36 Calle de Echague, Plaza de Goiti, Sant.a Cruz • • • as shown in inventory to be drawn up for the purpose of making formal 1Mivery of the said property." It is further stated in the contract that "the value of the tobacco, both in leaf and in pl"Oef'11s of manufacture, • • • will be fixed at the invoice price." The inventory which was to be drawn up was for the purpose of ni'lcertaining with exactness (among other property conveyed) t.he amount of the tobabcco in leaf and the invoice price at which the plaintiffs had purchased it. It was the intention of the defendants to sell and the plaintiffs to buy the leaf tobacco on hand in the factory known as "La Mari1l Cristina" without reference to its description or kind. It· 1 Mo.jorlty opinion published in Official Gazette, lfarch 30. 1904. is true that the im·rntory nftrrwanls made out C'Ontained u de· scription of the tobaceo. and Llmi ilw kind dt>lh·ered was not in accordance with this dl'Mcription. If the contract wog doubtful in its terms the act of the p11rti1·s in making the im·entory a;; placing this construction upon thni pa1-t rrlating to the im·l'ntory might be important. bui the l'ontnwi is too plain in thi .. particular to invoke rules of construetio11. To this f'x:tent my \"iews ilre in nc."<'Ord with tholl(' expres.ied in ihl' majority opinio·n, but I <"an not l"Olwm· in the view th1tt the provisions relating to warr1111t_, .• 1•ont11inf'll in ihe Civil Code, articles 1461. l4i4, and 1484. 111·t• not applit·ablc to this 1·1lse. Article 1461 1·eads as follows: '"A ,·endor is bound to drlin•1· 11ml m1rr1111t tlw thing which i.i lhf' object of the sale." . .\rticle 14i4 reads ai;. ·followo:1: "By virtue of the warrnnt;l· l"l'frr1·1•tl to in article 146L. the \'endor shall worrant to thr \"tmdc1•"I. The legal and penC<'ful possrssion of tlw thing tmld. "2. That there arc no hidden fnults or defects therein." Article 1484 rends as follows: "'The \"endor is bound to gh·r a warranty 11ga.ino:1t hiddrn dcft't'l.i which the thing sold may ha\"«" ,.honld thry renc)p1· it unfit for thl' UM! to which it was intendrd. or if tht'y should dimini~h imid use in 11uch rnannN· that had the ,·rndre had knowledge. thereof he would not have a<'quired it or would lm,·r gh•f'n n lm\"l'r pril'e for it: but said \·endor shall noi Ill' liithle for thr 1mll'nt tll'frrl:-; m· those which may be \•isiblc. nrithf'r for those whil·h 11r1· not \"i:-;ible if the vendee should be nn rxpert and who by l"l'll!IDU of his tmdl' or profession should l'asily perl'Ci\"c them." I think these artielcs are dil"cetly applicable to the cas<'. and furnish the law for ib determination. ThMe was no stipulation in tl.e ~ontract on ihe pnrt of the \•endor by way of exclusion of warranty. and it is only "when thP controry has been stipulatf'd and ihe ''endor wns not aware of 1mch vices or l1idden defe(•ts" that 111wh warranty shall noi exh;t. (Article 1485, Civil Codr.) It may be admitted. as bl'.fol"<' stated. that by till' mntract of sale no particular de~1·riplion or kind of tohnl'co was rom·«"y<!d; yf'i the plaintiff should rrc·O\"l'r. under thr JU'O\"isions of thf' Ch•il Code abo\·e cited, if t.hP tob111·ro, the object of ihe. 1mlP, m111 def('1·t· h'e in quality, and thh1 dl'f('c•t was a l1iddl'n d<'frl'i; und if Mllrh hidden clefert rendrrrd it unfit for thr usr for whirh it w:ir; intt>mled. or dimi11i!d1NI tlw u"r in 1mc·h 11 WH;l' thai Juul, thr ''l'ndf'<' known of it he would not lun-e pm·1·h11..iNI or would lm\·c gh·rn a lower prirr for it. The proof shows tlmi thl' tohilC"l'O rmr1·!111sr1I was of 11.11d1 an inferior quality and :-o badly da11111ged lh11l in~trad of it bri11,µworth the snm of *40 lo $42 pt'r quintnl. thr prirf' pai1l by tht? plaintiff, it wai;. only wol"th $6 to $8 pr1· q11i11t11l. Jt i11 clear thnt if the plaintiff would lm\'l' purrluu1rcJ ni nil. hr woutd have gh•rn a lower price for the toba<'<'O. The remaininf? que11tion to hr drtf'rminNI i11 whether rm('h defects in the quolity of the tobaeeo were hidden defel'ts. According to the testimony, the 11efects W<'I~ not of surh n nature as to be visihll'. Nor was tht" plnintitr. l\JrCullouj?h. an expert, so that. by reason of his profession hr ought l'RJ1ily to have perceh·ed them. The ~obacco w1ti1 in b1tlf'r-= nml it w1t11 only after the bales had bet"n opened up could the hidden defects he discovered. It has been held by thr 11.upreme court of till' Rt11tr of f..ouiJ1iam1, the laws of whirl1 Rtate are bns;ed upon tht> eh"il l11w. and in wh01w Code thel"t' arc to be found like pro\·ision:;i to thOSl' l'ontainrd in our Civil Code with refercnet"! to w111·rnntics. that potatoe11.. in barrels, of bad quality, thf' cha.ro.cter of which could not be diA· covered except by opening the barrels, come within the tll'ftnition of hidden defects. (Richo.rd11. vs. Burke. i I.Al. Ann., 243,) It has also bern held 11\' the 11amc court that cotton in bales of 11 defective quality. the l'l;uructer of whieh could not be discovered OFFICIAL GAZETTE 419 1•xcept by opening the balci:i, must 00 regarded as n hidden defect. ( FullPr vs. Cowell, 8 La. Ann., 130.) The \"1•ndor is responsible to the vendee for the warranty ngainst vice.i m· hidden 1lefects in the thing sold, even when the same were unknown to him, unless the cont1·ary Im" been 11tipulatcd and the wmlor was not aware of such viceg or hidden defects. (Civil l 'ode, a rt. 1485.) .-\nd the wnder mny elect eitlwr to withdmw from the contmct, the PXpt·n~s which he incurred bring returned to him, 01· to drnmml n proportionate reduction of the price, according to the jml1..,ncnt of ex1X!rts. ( Ch·il Codt>, art. 1486.) The conclmsions which I 11.'UCh in this cnse 11-n~: First. 'l'hat there wus a prrft>t·ted contract of !!Ille nuule by the ch•fendnnts to the plaintiff on the 27th tiny of August, 1901, of all of the tob1H'CO lwlonging to the compnny '"La Maria Cl"istina" and contained in ibl foctoQ·, and in whi<'h contract of l'lttle no (tnrticular kind or des<'ription of tobacco Willi sold; nor wm1 there nny snmple of the tobacc:o :;ihown the plaintiff at or before the pm·chase. Second. That the tobacro iwld hnd defr<'bl whid1 diminished its \"1\IUl" in NUeh 1\ wn~· thnt hnd the plitintilf known of them he would not hnve gh·en the priN• which ht" paid, but would lu\\'e gi\"en a lower price for it. Third. That the defe<'t" in 11nid tobacco. by r<'nson of the tohll<'CO being contained in bale..i. WCl"l" hidden defer.ts. Fourth. 'l'ht>1·r. being no J1:amplt> of tht> toln1c<'o exhibited by the dt>fomhmt11 nt or before the !'!ale, and no th•scription of the kind of tobaceo eontnined in the eontract of sule, the plaintiff was l"ntif:led to receh·c the tobacco contained in the factory of "Ln :l111ri1t CriJStinn" free from hidden defects; nnd tlw measure of hi" dnm1t1tl's' is the ditl'ert"nce between the nilue of the tobacco, Juul it bec•n frpp from hiddrn dcfrcts, 11ml the \"Rine of llw tobacco dc•li\"l>l"l'd ns l'C'tiuced in rnhll• by the l1itlden defect!I. Tht" prnof in the lower court should Jul\"e lx•en dirt'ctetl to this diffnrncl' nnd not to the qtw.ition of the difference lwtween the tobacco ns dC"liwrcd and tlw kind of tob.iwco as deKCl"ibed in tilt" hl\·entory; the plaintiff is eutitll'd to a judgmt>nt for the former l'llllll and not the latte1·. [:So. 1·'>"12. Febrimry 11, 1904.] 'fllf.' r·.Yl'/'f;JJ H1'Ll7'ES, compluilim1t a11d appellee, 11s. POLl('ANPO l/>ICA, drfc11da11t crnd appellant. 1. •cn1:111~A1. I.Aw: :O.ll"KDJm: E\"lllENT l'llEMEDITATION.-The foct that there hns been 11 dispute between the at•cuscd and the deccued as to the location of the boundary lines between 1hoir londs, and that this dispute was the ca\ll!e which led to the commiAAlon or the crime, Is not suftlcient to show that the oecused concch"ed the idea of the commission of the offense prior to putting It Into execution, or that be had a fixed 11nd meditated determination to commit It. 2. ID.: J1i.; Al.F.\"OSIA.-Wherc it appcors tho.t shorlly alter a qu"arrel between the accused ond the deceased the former t11rncd upon the latter ond attacked him with n bolo. lnftlcting wounds which caused almost Instantaneous death, the attack having commenced while both were f11.ce to face, it is error to find thnt the crime was committed with akooslo. · .!. ID.: Ill.; Ql"ALIFVING CIKCUMllTANCl'.S.-Thc qualil'lcative circumstances of evld1•nt premeditation and ale~·o8la e11.n not be infcned or presumed, but their existence must be established b~· the e,·ldencc. I. Ju.; HomcmE.-1'hc ractof the violenl death of a man, without the concur· rencc of nny of the qualificative elrcumstanC<m enumerated in article f03 of lhe J'cnal Code, ean only amount to manslaughter. ~- CKDllNAJ. l'KocEnCK&.-One charged with murder may be convicted of homicide because the latter offense is 11cecsso.rlly Included within the former within the 01eaning of 1ectlo11 29 of Generol Orders, No. as. APPEAL from a judgmt•nt nf the Court of First ln1Sta11c1• of llocor> Hm. J'he factis a11• sl11led in the opinion of lh<' 1•0111·!. ... ~ltA:SCISCO kASIA:SO, for nppelhmt. Holicitor·<~cm•ral ARAXF.1'A, for apJX'llct'. -----~----------------• Hea.dnolcll by Mr. JUJ1tlcc Torres. TORRES, J.: On the lith of September, 1903, the provincial fiscal filed a com· pin.int in the Court of Fir11t Instance of !locos Sur charging the defendant, Policarpo Jclica., with the crime of murder, in that on the afternoon of the 14th of July of the same year, while the defendant Iclica and Jllacido Abella, with other persons, were walking by the place ca.lied 'l'abigay, in the town of Sinait, towards the wc11t of the town, the defendant, Idica, who was in a.dvance, suddenly turned back and suddenly struck Abella, who was walking behind him, about a meter more or less distant, two blows with his bolo, inflicting on him two wounds, one above the left ea.r and anothe1· on the throat, from the results whereof the 11aid Abella. fell on the ground and died a few moments latei·. Agapito U1nnpos, one of the witnesses present, under oath allirmed the facts Net forth in the complaint, stating that he was walking a little in advoncc of the defendant, and that happening to look back, he saw the attack and at once went to Abella, who war> lying on the ground with two serious wounds. At the same time Estebru1 Abella, Roman Abella, Felix Campos, and Jua.n lmpclido, who were walking behind, also a.pproa.ched the victim, nml they snw tbnt he had his bolo sheathed and by his side, and was already dead. Then some of them went to t•eport the matter to the authorities and others w,:!re left by the corpse. They added that at the time of the attack no quarrel or dispute had taken plact> between the aggressor and the victim, but that some moments prior thereto they hod some t11lk about some lands con· cerning which a dispute had been pending for 11bout four years, nlthough the witness stated that he did not know whether this was the moth·e of the attack. Jua.n Impelido, who was also an eyewitnl'ss to the occurrence, testified in similar terms. Raymundo Icalla. and Esteban Abella stated that they did not see the actual attack but wt•re apprised of the fact that Placido Abella had fallen on the ground by a noise which they heard, and at the 11ame time from a distance .of 30 brazas they saw Policarpo ldica, the defendant, going away from the corpse, bolo in hand. Thereupon lea.Ila, terrified, ran away, while E~teban Abella approached the place where the body was lying; the other saying that the question between the defendant and the deceased originated from the fact that J>tacido Jdica, a long time ago, changed the course of n thoroughfare. 'fhis witnesi:i also testified that the deceased bad his bolo sheathed o.nd by his side. The defendant, Policarpo Jdica, plead not guilty, and under oath testified on his own behalf that on the date above mentioned he was called by Esteban Abella. and went with his brother-in·la.w, Raymundo lcalla, to the place of the occurl"encc, been.use' Juan hnpelido· eharged the accused with having destroyed a fence on the lnnd of the lattl'r. '£hat upon urriving thel'e he found that the townspeople assembled there had already decided which was the limit or boundary between his I.and and that of Impclido, tb which he objected because he was deprh·ed of n part of his land, and nt this moment Placido Abella became enraged and attempted to stl'ike him with 1~ bolo; that the defenant, trying to ward off the blow with hi!! bolo, struck Placido on the neck, who thereupon fell on the ground dead. Jt~steban Abella denied having sent for the accused. The fact of t.he violent killing of 1l humnn being, without the attendance of nny of the qmtlifying eireumstamccs especially set forth by section 403 of the Penal Code, oitly constitutes the crime of simple homicide, which iH made punishable by section 404 of the same Code. In tlw fact, fully J>l"O\"Pn, of Policarpo Jdiea. having killed Placido Abella by inflicting upon him two !o!Crious and mortal wounds with the bolo which lw carried, the circumstances of evident pre· mt>ditation and alc\·osfa have· not concul"red, inasmuch as the record does not disclose even circum!l.tantinl evidence that ldiea had conct>h·ed nnd reflected upon the purpo~e of killing the de420 OFFICIAL GAZETTE l'eased. The dispute as to the boundal'ies of the lands belonging to the defendant and to the deceased, and which seems to have lead to the commission of the crime, iio; not sufficient to show that the accused had conceived the criminal <lesign beforehand and had meditated and reHected upon the commission of the crime, '!'he defendant did not employ means or fo1·01s in the attack which tended directly and especially to the consummation of the crim<' without 1my risk to himself which might originate ~rom an attempt on the part of the deceased to defend himself, and it is tl1Mcfore impossible to hold that the assault was executed with alevoala, since according to the witnesses present the assault was made face to fa:ce and openly and originated from t.he dispute which they had had shortly before at the place of thl' occnrrenee und while the deceased was walking behind tht> accused. In order that the qualifying circumstances of e\•ident premeditation and alev08fa muy be com1idered as being present in the com· mission of 11. crime against the person, it h~ indispensable that their existence be fully established by the J>roof, nnd it is not sufficient to presume or infer their .existencl'. This hns been re· pentedly laid down by the courts. Therefore. in the ab8ence· of proof of such circumstances, the offl'n11e can only be classiHcd as homicide, The defendant may be co1wicted of thut crime, although uccused of murder, a crime in which that of homicide is neCt!uarily cOmprised. (See. 29, Geneml Orders, No. 58.) The guilt of the defendant ns author by direct p1trticipntion is indisputablP, he having confessed to and been convicted of the crime of homicide. The record doPs not disclose any e\·idencl' to show the existence in the commission of any exculpativc circumstance. complete or incomplete, or even the mitigating circumsbm('(> estabHshed b~· paragraph l of section 9 of the Code. The exculpntive allegation of the defendnnt that the deceased tl"ied to att11ek him is wholly unsupported by evidCnce, and on the contrary is contradicted by the testimony of the witnesses Agapito Campos and Juan lmpelido, who testified that ldica was the first and the only one who nttacked Abella, who wus un11ble to defend himself or make use of his bolo, which was found sheathed by the side of the corpse, as seen by \'arious witnclllleH. 1"01· this reason we must accept the conclusion of the judge below that in the commission of the crime no aggravating or mitibruting circumstances were present. The decision appealed should therefore bP otffi.rmed with the costs, it being understood that the accessory penalties of section 59 of the Penal Code are hereby imposed. It is so ordered. Arellano, C. J., Cooper, Willard, Mapa, lieDonough, and ,Johnson, JJ., concur. Judgment affirmed. rNo. H3i. February 13, 1904.] 'l'HE UXITED BT~tTEIJ, complai11u11t and appcllee, vs .. 40.-1.TON .HIR.4.T~t BT .lL .. defr'1lda11ts a11d appclla1~ts. 1. CRIXINAL LAW; BJUGANDAGE..-Those who rem .. tn within the towns and engage in procuring supplies of food, etc., for a band of brigands do not, by rt.'BIOns of such act.a, become members of ~uch band within the me1mlng of sectlon11 I and 2 of Act No. 518.. 2. ID.; ID.; SUPPLIEB; Mo1n:v.-Onc who furnishes money to a band of brlpnds is not guilty of aiding and abetting such band within the meaning of section 4 of Act No. 518. • 3. STATUTORY CoNSTRl:CTION.-lt Is not enough to 118.Y that the legislature when enacting a penal statute must have Intended to make a certain act an offense; It is necessary that they use words which In some wa1 express that Intent. APPEAL from a judgment of the Courl of li'ir11t In11llmee uf Bata.ngas. Thl' facts a.re stated in the opinion of the (•ourt. Jo,. JlERHt:R, for appellants. Holil•itor-GenPral ARANETA, fot• appl'llPf'. WILLA.RD, J.: The evidence shows that the defendant, Agaton Ambo.t.a, was a.t the time mentioned in lhe complaint a member with the rank of major of the band led by Montalon, 11nd that this band was such a band as is described in article I of Act No. 518. The judgment as to him must therefore be confirmed. We do not think that the acts committed by the remaining fou1· defendants other than Anacleto Crusat and Teodorico Pisigan made them members of this band. There was 110 evidence in the case that they left the pueblos in which they lh•ed or actually joined or remained with the band in its camp or elsewhel"e, The1·e is evidence that they within their pueblos collected money fo1· Montalo11 to be delivered to the de1e1hlant Agaton Ambata for his chief. Bnt this did not make them, in om· opinion, members of the b11nd within lhe meaning of articles I 11nd 2 of said act. Article 4 relates to the procuring of supplies of food and othe1· articles named for the purposes of the band, and indicates that the persons committing such acts arc not the1·eby ma.de member;; of the band but are to be considered as person~ outside of it who assist it by these means. These defendants. must be convicted, if at a.II, under said article 4. The complaint clmrges Crusat anti Pisigan with o. violation of w·ticle 4 only. The e\•idence shows that the four defendants nnd Crusnt col· lect.ed nolhi11g but money, and tha.l the defendant Pisig1m paid to them nothing but money. They did not collect nor did Pisign.n give them food, clothing, 11rms, 01· 11mmunitio11. The difiicult llUestion in the case is this: ls the furnishing of mo1ll'y an offense under said article 4 ~ That article is as follows: "Every person knowingly aiding or abetting such a band of brigands ai; that described in section one by giving them informa· ti on of the movement of the police or Constabulary, or by securing stolen property from them, or by procm·ing supplies of food, dothi11g, arms, or ammunition and furnishing the t1ame to them shall, upon conviction, be punished by imprisonment for not less than ten years and not mOre than twenty years." The section does not make it an offense to b.id or abet brigands. The aiding or abetting must be done in Specific ways, and unless it is done in one of the ways mentioned therein il is no offense. It is nol m11de an offense to secure supplies of any kind, but to secure supplies of four different and defined 11rticles. ll must be conceded lhat neither the word "food" nor "clothing" nor "arms" nor "ammunition" can be so extended in their meaning as to cover money. The Spanish official translation of the act furnishes some doubt on this point. But we are bound by lhe English ve1·sion. If the act had either said more or had said less there would be no difficulty. If it had been made an offense to aid or abet the band without specifying how, the furnishing of money would iu the opinion of the writer ban been a.n offense. So if it had said the furnishing of supplies without saying what kind of supplies. So if it had said the furnishing of supplies of food, clothing, arms, ammunition, or other articles. It is true that furnishing money would aid the band as much as if not more than the furnishing of food, and it is difficult to M"t" why il was not included in the law. Ne\•ertheless the legislature s11w fit to specify definitely the articles the furnishing of which was an offense, and they did not mention money by name nor did they u11e any other word whi<'h would includl• it nor any generoll phrase which might cover it. Wrrr one asked to point out the word, phrase, or sentence in the section which meant money it would be impossible to do it. It i11 not enough to sny that the legislature when considering the law musl ha.\'e intended to make lhe furnishing of money an offense. lt is net·essary that they use words which in some way express that intent. · The judgment as to Agaton Ambatn is confirmed with one11Pvcnth of lhr costs of both instnnces. The other defendants nre 1ll'quitted with the costs de ofi.cio without prejudice to the presen· t11tion of other complaints against those of them who by l"<'nson of OFFICIAL GAZETTE 421 the acts prm·ed in thii1 case may be guilty of offenses punished by tlw Penal Code. Cooper, l\frDonoo1gh, and ,JoJm~on, ,J,J., com:ur. ArPlhmo, l' .. J., and Tm·rl"!( nnd Mnrm .. J,J.. tlh~st>nl. ./ml,r1111r•11t motlifir·d. [No. 1532. Februnry 23, l!KH.] 'l'llH l:".\"11'H/J H'1'A'l'BH, complt1im1r1I ttnd ap1Jcllet', 1·11, CASI· .II/Ito llAH..tD, dr·fr11d1ml a11d.r1ppellrmt. 1. •C11Ull:!i'AI. LA w; Homc:1n£.-On the occnsion or 11. gnmbllng game In which the accu~ed, the dcccnscd, n.nd othc~ pa.rtlripated In an open lleld, a quarrel broke out between the nccu~ed and the deceased, whereupon the iweusOO threw n. stone at the decelUK!d, who i11 consequence of the blow fell to the ground 1md when he attempted to arise thll occused throw unothcrstoneat him which took effect near the left cnr, causing injuries which left the deceased unconscious and cnnsed his death threcdayl! Inter. These fact.riconstltute the crime of homicide, no circumstances ha\•lng concurred which would l'llJsc the olTenliC to the degree of murder. 2. lo.-1'be repeated and persistent ottaek made by the aggrell'IOr upon so slight 11. provocation shows that the accused Intended not to deliberately increue by others the i,.njU?')' already suft'ered by the deceased when throwing the second stone, but a decided Intention-to cause his death: consequently it is error to hold that the slxtl1 qgra\·atlng circumstance of article 10 oC the Penal Code concurred, or to eoMlder In mitigation the third mitigating clrc11mstance oI artlcle 9 thcreof. ..\l'J'E.-\l. from n judgment of the ('oul'l of !o'irst Jnstunce of Cebu. The f1u•ts llre sW.led in lhl• opinion of tlw l'Olll't. :\IAXL'li:I. ll. ui'; HAZAXA1:1, fo1· upprllunt: Solh·itor-Uenernl ARAXETA, for 1lppellel'. 'l'omtEs, J.: On July I,' l!JO:i. the dt•Jmty provineinl lbl<'ul of tlw lslund of Cebu Jilrd lln information in lht! l'om·t of 1"ir.1l lnsl11-1u-e of that pro\·inee, umending u forml•r information, accusing Casimiro t;usul of the crimf' of homicide, in thut on the 16th of l\lay, 1903, between 9 and 10 o'clock ut night, in the phu.'t' called Nangcu of lhl• town of l:onsolacion. without jm;titication lhl'refo1·, he threw !'ltones at Andr~s Tiro. striking him in the fol't>head and felling him to tht' gt·ouml, uflcl' which t.asal thl'ew another stone which strnck .\mlre11 in the region of the left r111·, (•ausing his death then and there in con11cque1wt• of the injuries so inflicted, l-Ontra1·y to the statute in such case made illld pro,·ided. The court, finding that the crime hail been committed and that the defendant was guilty thereof, with certain mitigating and aggravating circumstil.ncei; enumerated in the decision, sentenced the defendant to the penalty of twel\'e yC11rs and one day of reclu· siV11 lcmporat 11t h1lrd labor. with lhe accessories mentioned in section 61 of the Pena.I Code, to pu.y an indemnity of I,000 Mexican pt>j!O!I to the heirs of the deuellsed, and to pay t11e costs, and in case of insoh·ency to subsidiary imprisonment in accordance with the pl'Ovisions of section 50 of the said Codt>. The evidence in this case 11howi; thu.t one day in the month of May, 1903, on or about the 16th of the month, a.bout 9 p. m., while several men were gambling in a field in the place called Xangea, in tl1e municipality of Consolacion, Island of Cebu, two of their number, Pio Limabug und Bernardo Vacunador, got into a quarrel; that upon this the game stopped, there WIU! a disturb:uu·r, and some of the pla.yer11 left the gambling place; that upon thhi Andres Tiro demanded of Casimiro Gn.sal the payment of four pl'nnies which he had won from the latter in the game, and <hu:ial, boc"Oming enraged, blew out the L'llndle, picked up a atone, and threw it at Andres, striking him on the forehead and felling him to the ga·ound; that Andres ~mt up and was in the a.ct of rising when Oasal threw another stone at him at close range, striking Andre11 abo\•e the ear; thut Andres fell to the ground 1mconscious, wh"rcupon tht> assaihrnt walked u.wa.y; that Elena Herrera and I"elix Tiro, who witnessed the assault, then picked •J-Jeodnote~ b)' Mr. Justice Torre~. up tl1e wounded man and took him to his house, where he died three days later without having regained consciousness. Besides the two witnesses above cited, the occu1Tence was also witm>ssed by Pio Lima.bug n.nd Bernardo Vacunador, who testified lo the facts above related. stating that the assault wwi committed in an open field; that the moon was shining at tbe time; that before the assault Casimiro Gasal blew out the sperm candle which he held. Limabug testified that when Andres was hit by the first stone he turned a.round and fell to the ground. The witness Vacunado1· did not see that Limabug, with whom he was quarreling, carried a dagger. 'fhree witnesses testified that while they were aJI conft.ned in the municipal building, during the preliminury inve1:1tigation, the defendant, Gaau.I, enti-eated them not to Kay thllt he had been tl1e one who threw the stonea a.t tl1e dP..ceased; that the witness Herrera, a rela.th-e of the defendant, replied tlu1t he would hu.\·e to testify ago.inst him because he would have to tell the truth. It is plainly proven tllllt Andres Tiro suffered a \•iolent death ns a l-onsequencc of two stones thrown n.t him on the night in question in u. pince where a number of people bad been gambling. This fact l'Onstitutes the crime of homicide, comprised in section 404 of Um Penal Code, none of the qua.li.ficalive circumstances ;numerat.ec.l in article 403, which defines the crime of mu1·der, having been J>re11Cnt iu the <.-ommission of the offense . NotwithsW.nding the fa.ct thu.t the defendant plead not guilty to the crime charged, with a.II the proof is sufficient to show his guilt us the sole author by direct pru·ticipation and to convict him of the crime of assaulting the deceal5ed by stoning him, as · a result of which he was so seriously injured that he waa uncon· scious from that time until his death, which took plaL-e on the third day. It follows, therefore, tl1at U1e defendant is guilty of the crime of homicide. The denials and cxculpa.tive allegations of tl1e o.ecused, as well as the testimony of the witnesses for tl1e defense, are insufficient to overcome the result of the evidence of the prosecution against him. Jt has not been shown that anyone else was the slayer of tl1e deceased, or tha.t Gusa.I left the srene of U1e occurrenl-e before the assault was committed. It ma.y be true tl1a.t the defendant \nls found in his houSl' th11t night, 11nd that Dionisio llaghlson Kil\\' him running behind him, but it must hll\'P. bP.t>n that he wounded the decensed at the scene of the occurrence. If in addition to this we take into consideration tl1e contradictory statement& of the n.ccused as well as those in the testimony of the witnesses Marcelina Tolo and Ma.tea. Gasal, and tl1at in spite of their testimony and that of the witness Maglason, the four witnessCl!I for the proseeution denied that a shower of stonea bad fa.lien on the players. the guilt of the defendant llS author of this crime of homicide ca.n not be doubted. In the commission of this crime the only ~ligating circumstance to be considered is that established in paragraph 6, section 9 of the Code, it having been pl'Oven by the testimony of the witnesses that the defendant Gu.so.I was drunk that night, for which reason he must have a.tta.cked the deeeased while in an intoxiea.t.ed condition, and in the absence of proof to the contrary it must be presumed that vice was not habitual with him. The aggravating circumstances of paragraphs 6 and 20 of seetion 10 of the Code, and the mitigating circumstanl'es of pamgra.phs 3 and 8 of section 9 of tlie i;ume, applied in the sentcm-e appealed from must be rejected. inasmuch as thf, insistent and repeated aasault made upon so slight a. provocation shows that it was the defendant's fixed purpose to kill the deceased. The confusion and tumult, if any---a.nd as to this there is no proofdo not constitute a circumstance analogous to the others of the same section. The fact that a second stone was thrown at the deceased just as be attempted to get up does not show that an attempt was made to augment unnece11sarily the injuries ulrrady inHicted upon the deceased, but rather determination of the assail· ant to kill his adversary. The ages of both the accused and the 422 OFFICIAL GAZETTE deceased being approximately the saJ11.e, it does not appear that the accusPd, Gasal, failed to regard the respect due Tiro on account of his age, or that the accused abused the advantage of youth and strength o\·er the debility of an old ma11. Consequently. there being only one mi.t.iga ting cirtmmstance u1u.l 110 aggravating circumstances, the pen11lty imposed by the coui·t below is in eonformity with the law. For the 1·easons stakod, with the elimination of the condemnation to hurd hibor and the subsidiary penalties imposed by the decision of thf'I court below, and the addition of the accessories enumerated in article 58 of the Code. Wt'! nre of the opinion that the decision of the trial judge, by which Ca1:1imil'o Gasal is condemned to twelve yea.riJ 11.nd one day of recl-usi6n temporal must be a16rmed, with the costs of this instance against the appellant. .Judgment. will be entered accoi·dingly and the Che remanded for its execn· tion, with 11. certified copy of this opinion. Arellano, C. J .. Cooper. Willard, Mapa, McDonough, and John:mn, JJ., concur. J 11dginent affer1ned. [So. H.98. Fcbrunry 24, 190-I.] 7'HN 1:.YJ'l'RD 8'/'tl'l'BN. complai11a11t rrnd appclfoe, 1:s. llA.R'l'I.\' CAJJIJBXA::J, tlefe1adant a11d appellant. • CKDUNAI. LAW; BRIGANPAGE.-Tl1e Iaet that 11 band ol mRlefe.eton, lcad br the accused, armed with dlltcrcnt Wl'&J>OM, cnga~d In robbery and other crimes against pe~ns and propcrtr In the Helds, mounta.ius, 11.nd l>Arri<JI!. o certain towns of Cebu, cons!ltut.cs the crime or brigandage denned and punished In article 1 of Act No. 518. H.E\'IEW of a judgment of the Cou1·t of l•'irst lnstanC<' of Cebu. Tht> facts al'e stated in the opinion of tht• t•011rt. Et:l.QGlO n.. CHANCO, for appella.nt. 8olil'itor-Genernl ..\KANETA, for appellee. TORRES, J.: 'fhe defendant was accu11ed of brigandage by the pro"incial fi!'lcal of Cebu, in a complaint dated July 23, 1903, wherein it w1111 stated that after the 12th of :November, HJ02, and prior to the date of the complaint, Cabuenas had formed 1' numerous party of bandits in the barrio of lnab'll.Uan, of the pueblo of Talisay in isaid isl11nd, for the purpose of 1·obbing carabaos and other personal pro}>f!rty by means of force and "iolence, and that he led said party under the title of captain-gt•neral, and that he and his partisans, arme<l v:ith deadly weupons, had bt•en w11ndering through the mountains of Talisay and or Pardo, auul that the 1lefendant feloniously 1·ereh·cd property slolt•n hy said band, amd rurnh~h<'d it with ,provisions, clothing, 11rm11, nnd ammunition, l'Ontrar:r to the law. The complaint haYing been filed and the caSl' called for trial, from the e\"idencc adduced Uwreat it 11ppears that Martin Cabuenns in Talisay, Cebu, organized a numcrou,,; party of malefactors, altogether about 200 persons, or whom he constituted himself the leader with the title of captain-general, und that they, armed with bolos and re\•olvers, had been wandering over the country and through the mountains of the pueblo of Talisny nnd Pardo. and had engag·ed in robbing money, cambao!'I, and maizt>, beside,; committ~ng othPr outragt•s ugninst the 1·csidents or said town" nnd the agents of the Gowrnment. 'rhi11 is all shown by the t1:11timo11~· of th<' witne;uip11 . .\ugustin Cabumtll's, Am· hrosiu Ba<'also. Gregoriit Abapo, :\-Iclquiiul<'ti Lasll.111. M11teo Lugn, Li<"Utl'tmnt of Constabulary G1·aciano N1td<'lll. Pedro Rnbillano. Uiguel .liacalso, Meliton C'aiiizares, Patricio ~lo!'lqueda, Graciano Ragasa, Bartolome Taborn, Vicent.e Bada~·os. PPtlro N1ulela .• Juan Ba~ Villarrosa, justice of th<' peace or C'ehn •• Tmm Clhmwo, go\'ernor or thP pro\'incl', .Tuan Caln.pan, Benigno 'rimno, T..ouis :\lnbazo, 1md Olimpio l>eiparine, munil'ipul presidl'nt of T111isar. ____ _____._ --- -- --·-----• Hcadnotcs by lllr. Justice Torres. '!'he last-named witness was the one who arrested the a.ccused with the aid of two volunteers. lt is to be observed that some or the witn<"sses abo\'e mentioned had been watching the 1-esidence of the nccu~d, b~· ordl'r of the authorities for the purpose of determining hi~ conduct and character. According to the b!stimony of Graciuno Nadela, one of the companions of the accused, when the party was organized in ::.Uo.ndunng, pueblo of Minglanilla, the accused demanded money, under threalti, from one Botoy, who on this account died in i\foy, 1903. 'l'he witness Graciano Ragasa testifie<l that when he w11s S<'l}lll.'Stt•rt•tl with ·three other policemen by the partis11ns of the accused, hiH companions and he were disarmed, and that their c11ptors then Wl'nt to the house of Pablo Cabellon in Inagamm, 1uul as the Jattt>r reHisted them he was wounded with a bolo by the 11c.-cused, although nol seriously. .Mateo Lug11, a lieutenant of Constabulary, exhibited a document which appears on page i4 of the reoo1·d, signed by the accused, which s1Lid document was found in the pocket of a person who died in a fight which the Constabulary had with some mnlcfactors in Jacupan, in the town of Talisay, on the afternoon or .July 2i, 1D03. which document is a lieutenaiit•s commission. (;o,·ernor Climaco testified that the signature appended to till' 1locument exhibited w1111 that of Martin Cabuenas, he being familiar with the handwriting of the accused, and that the latter called himself first 11111ster, because the supreme chief was Roberto Cubnllero (record, p. i2). On Pllbl'f! i5 of the record there apJll'lll' the cedulas which the defendant distributed. Th<' fact."! abo\'C stated unquestionably constitute the crime of brignmlaw, C'omprised in Hection 1 of law 518, of November 12. 1902. It appears perfectly l'stablished in the case that the accust'll, nfter ha\'ing organized a numerous band of la.drones, assumed tll(• <~mmand of said p111·ty, and he, as well as the other memlx•1·~ tlmreof, being armed with deadly \\'Capons, engaged in the robbery of carabaos, 1n·o,·isions, and especially of money, which at different t.imPs of the d11.y 11nd night they demanded from the 1.eoplt• under threats of de11.th and by means of ill treatment nnd other persoDlll outrage~; that they also took the arms of seve1·11I policemen whom tl1<'y sequestered, and that they wandered· ove1· the fieldti and mountains of said towns committing nets of violeuet• nnd pilla~>"C whicl1 mark them as bl'igands. Consequently the defendant has incur1'Cd some of the penaltit>s prt•scribed in s11id section, and according to the opinion of th<' eourt that of lift• imprisonment should be imposed. The death of Botoy can not be considered as fully established, and much ll's!I that of Pablo Cabellon, who, according to the witnesses, was onl_\' wounded, and thnt not sedously. 1''or the reasons stated we are of the opinion that the decisiou of th<' coul't below must be re\'ersed, and the 1tccused, M111·ti11 Cahu<'nll>J, sentenced to the penalty of life imprisonment and thr costs. 'l'he cni1e will ht> remanded to the court below, with a copy of this decision 111111 of the judgment' to be entered thert>in. for execution. Arellano, e .. J., <'ooper, Mapa, and McDonough, J.J., concur. W11.1.Atm .. /.,dissenting: In my opinion till' 1lecii.ion of the Court of Ffrst Insbmc<' !oihouhl hr 1111irnw1l and the tlPf<'ndant sentenced to death. .JOllXSON, ·'-· dis!'lenting: The defrnd:mt is ehnrgt-cl wit11 th<' l'rime of bandolerismo, II" follows: Thnt in the month of .July. 1903. in the barrio of Inayauan, of till' pueblo of Ta1isa~·, of Uw Pm,•int•e of CPbu, he formed a band composed of morP than threP pN·Mns with the object of robbin~ citrabaos and other p<'r..ional propPrt~· by means of force an<I violence; that the sail) nccnMid w11s the chief of the said band. OFFICIAL GAZETTE 423 with the title of "ctlptnin-genera.I"; that the said band wt'nt out upon the highways, armed \'Vith d~dly weapons, with the object of robbing carabaos and other pcr1mnal property. During the trial of the case many witnesses were presented Qn brhnlf of the prosPcution. The testimony of Augustine Cnbunnlas shows that the accused was the head of a band composed of a large number of men; that the accused or his mcm had i;equestered the said witness and hlld demanded of him mom~y; and brcttuse the said witnesR was unable to comply with the said dl'mands of the accused, he was detained in th<" house of the accused and was manacled and ill treated; that thl' accused threntenf'd to kill the witness; that the companions of the itccused were armed and went upon the highways armed with bolos nnd pinnti!ii. The testimony of Ambrocio BalcaY.o shows that the defendant nncl his soldiers compelled him to give them money and threatened to n.rrest him if he refusc>d to comply with their wishes. The tl'fltimony of Gregorio Abapo shows that the companions of the accused, under the orders of the accused, had compelled him to pay them money ; that because of fear and of their threats he- paid the money. The testimony of Olimpio Deit.arine shows tlnlt he was prcsi· dent of the pueblo of Talisay; that the accm~ed orderf'd him to surrender his lluthority to him and his soldiers; that the accuiw.d was at the head of a band of nrmed men; that t11c band was armed with bolos and pinutis. The testimony of l\.lelquindes Lasala shows thnt he was chil"f of police of tlu~ pueblo of Tnlisu~·; that he knew the accused, und had known him fo1· a long time, and that he was the leader of 11. band of men located in one of the barrios of the pueblo of Tali say, and that said band was armed and was dedicated to robbery. The testimony of Matl'O Luga shows that he was a member of thr Constabulary; that he knew the accused; that the nccm1ed wns at the head of an 1umed band and that the object of the 1tccuscd and his band was to demand money of the people. The testimony of Graciano Nadela shows that he wns a police· man; that he had known the accused; that he had bt-en in the honse of the ttee\lSPd; that the accused had said to him th11t he was the head and lender of a band of about 200 men; that the 11ccused wa11 eallOO "1.,'Cllet·al" by tl1e members of the hand; that the band wu11 urmt>d with bolos and pinutis; that the hand maintained itself by robbing monPy and carabnos 1111d b~· compelling the JIC'Ople Lo pa~· contributions; that t11r band bud me-naced one Botoy until thry killed him; that thr prople h11d IPft the pince where the hll.ml was located bC!cuuse of the fear they had for the accused uml his band. The tPstimony of Pedro Sabillano shows th11t he Juul bern acquainted with the defendant for a long time: that he was in the house of the accused and saw many armed men there. The testimony of Meliton Cafiisales sl1ows that he had known the nccusC!d and that he had sePn the accused in ehurbre of a band of about 200 armPd men; that the men were armed with bolos and pinutis. The testimony of Patricio MnsqUl•da shows that he was a member of the Constabulary 11nd Imel known the defendant for a long time; that he visited the quarter11 of the aecused as a spy and saw many armed men there. The testimony of Graciano Regasa shows that he, together with two others, had been sequestered by the accused and his band. 11nd compelled to go with them; that they did follow this band until they lll'l"ived at the house of one Pablo Cabellon, where the band was engaged in a fight with the said Pablo, and the witness and his two companions escaped. The testimony of Bartolome Tabora shows that he was a municipal policeman and was one of the companions of Graciano Regasa. at the time he was sequestered; that the accused was with the band on thnt oecasion and was armed with a revolver; that the band took his arms from him. The testimony of Vicente Badayos shows that he was a companion of Graciano Regasn. nnd Ba.rtolome Tabora at the time tl1ey were sequestered by the accused and his band and his testimony agree11 with the statements of the two others. He says that the band was armed and that there was a. fight between the members of the band and the said Pablo. The testimony of Juan Base Villarosa shows that he was a justice of the peace and that the accuesd had told him on one occasion that he was the captain-general. The tPStimony of .Juan Climaco shows that he was the governor of the Prm·ince of Cebu; that he knew the accused and knew that the accused was at the head of the Puluhan; that he had seen a document signPcl by the accused in which that fact appeared in connection with the signature of the said accused. The accused offered no proof in defense. After hearing and considering thC' evidence in the saicl eansC!, the judge fouml the defendant guilty of the crime chargC'd in the complaint, and sentenced the defendant to the penalty of death. The evidence given in the trial of the cause against the accused 'justifies the following conclusions: First. That prior to the Ist day of July, 1903, and t1Ubse11uent to the 12th day of November, 1902, there existed in the Province of Cebu an armed band, composed of more than 200 men, who conspired together for the purpose of robbing cnrnbnos and other personal property; Second. That the !:laid hand was armed with deadly weapons, and went out upon the highways in said provinc:e and roamed over the counti·y a.nd did rob carabaos and other person11l property. Third. That the said defendant was known as 1\ captain gen<!ral and was the leader of the said band; Fourth. That while he was acting as the lell.der of the said band, betwrcn the said dates, he had directed and ca.used the dr,11th of onr Pablo Cabellon, and the robbery of earabam and other persona.I property in the tmid Province of Cebu, in the Philippine Islands. This court has, in numerous cases, punisl1ed mcmbm-s of b11nclR like thr one proven to have existed in this case, by sentencing them Lo long years of imprisonmC'nt, ranging from twenty Lo forty years, a.n<l in some instanCC'!i to life imprisonment. I can not bring mysrlf Lo belie\•e that this court is consh1te11L with itself and its former decisions when it imposes upon the lr1uler of these bands the s11me imprisonment which is imposPd upon the memb<!rs of the hand, who are mere tools of such leadPrs, nncl who, perhaps, urr. memhN·s of such bands by reason of fear and COPrcion. ' The facts found by the trial court fully justify his conclu11ions and th<" Rentcnce imposed upon the defendant in this cause. It should be a rule of prnctice in this court that when it finds thf! facts upon which thr. court below rendered its judgment to be true and sufficient to sustain the judgment, the term!! of the judgment should not be changed in this court. Therefore, by virtue of the evidence adduced in this causr, and the provil'lions of section 1 of Act No. 518 'Of the Ch•il Commission. thr judgl'nent of the court below shonld be nffir1ned. Judgnmit modified. [~o. 1508. Febn1ary 26, 1904.) THB UNITED 8T.-tT£8, complainant a.nd appcllee. 11a. F.4.CVN· DO PIXEDA ET AI~., defcnda11ts and a.ppeUa11ts. • CRIMINAL LA w; IN8UKRECTIOS.-The derendant.11. who where membeni of a corps of volunteers organized by the prm•lnr.lal govemment of Bulacan, • Headnotea by llfr. Justtee To!'l'CS. 424 OFFICIAL GAZETTE deserted. with their Rrms 11nd ammunition. and joined the rorces of the insurgent leader S11n Miguel. 11nd as members of his forces engaged in several skirmishes with the Conslnhulary. lleld, thnt they wcrC! properly convicted of the crime of rebellion under section 3 of Ad 292, bccnuse they took pnrt as abettors in nets of rebellion committed by Sim Miguel's band ago.inst the ngents of the Insular Government and ln violation of its lnws. ..\.l'PE.U. from u judgm<'nl of tht> Court of First Instance of Bu\111•nn. The> foC"L-. an• stah>d in tlw opinion of the court. Js,\JJt:Lo AllTAcno, for nppclla.nts. Solidtor-(h•1wrnl ..\.1!.\XETA. fol' UpJll'llCl'. Tomn:.s, ./.: On ..\.ui.tust :rn. l!IO:J, thc> pro\'i1wiul fo;('a\ of Bnlacnn filed an informntion drnrging Fn<'Hndo PinNla. Benigno B1wzn, Agustin de la ('rnz. P1•dro TC>norio, Enlnlio HC>~'C'S. XemC>sio Hernande-1., Franl'isl'o BC>lll'dic-lo, am\ FPlix Lnqnindanmn with insurrection, in that thr snid c!C>fonclnnt.'I, on or nhout th(' 6th day of F('bruary of th(' sanll' y('nr, lwing mPmhrrs of thl' \'OhtntPPI' t'orps orgnnizC>d hy thE' gon•rmnl'nt of the said pro,·in('(' to maintain the public peace, and being 1n·o,·id('d with guns and ammunition belonging to the Jn,..ulnr novf'rnnwnt. and whilt• gnrrisonrcl with others to the numlwr of 2.) in tlw town of Obando, nbam\oned the gnnison and ~lt·srrt<'d from tlw rnnks. with tll<'ir arms irnd ammunition. and joi111•d th<' pnrty of th<' so-1·alle<i G<'nl'rnl 81\ll Migu<'l. aiding allfl prnmotiug th<' immrn•ction against the l'on;:;tituted gon•rnnwnt of tlu•-;(' Islnnd:;;;, fighting with the 111·mt-1 with which they had hC'ell intrnstl'll against th<' loyal troops until thl'y we~·C' anestl-d some months aftptwards in various parts of the provinl'e; this against tlu• stlltut<' in tlw case made nncl prn,•ided. Th<' e\·idf'nC'E' in tlw c;\se ('onclusiv<'ly Pstablisht•s Uw facts that on thr afl<'rnoon of Frbrnary 0, l!lO::I, 25 volunl.el'1·s, nrmed with 1·illE's and under eommand of Sergeant Dnmnso ('aamhol. among thE'm thl' f'ight def('nc\ants. left their garrison and harnH'ks in the town of Obam\o, and drsl'rtM. with thl'ir arms and ammunition, g-oing to tlw barrio of Himrnangan and ti1<'m"l' to tlu• pla<•<' 1"1\lled CorruJ IHI flato. WlWl'I' th<'_'.' joinN\ thC' part:.· ('OlllllHlllli<'d hr the :<iO·('llllc>d G<'n('rnl Han )figuf'i; that whilC' on tlwir wuy thry W('l'e met by soml' fift<'Pll !ll('lllb<'rs of the said lrnnd who had l'OJll<' out lo r<'l'('i\·f' them; that on thr following day, on whi<·h tl1E' par· tisan;:; of Ran :\ligll<•I had a fight with th<' ('onstabulnr:r. by whom tlwir ('ncampmrnt was attackNI, thr said d<'fl'ndants took part in tlw ti~ht. aiding ancl abetting 8nn :\lign<'l's men; that ;mhs<'· quC'ntly SOllJ(' of the df';:;f'rters conc·eall'd th<'msC>h'<'S in th<' man· ,Q'l'O\"f' swamps at a pin<•(' ealled ~fotalnlrn, of the township of Paombong. wher<' th":">' formed anotl1f'r bane!, waitinJ!' for an oppor· tunit:.· to make an attaC'k upon the town of Hagono:.· and later upon thE' town of l\falolos, tll<' <'apital of the provinrr. of which pnrpos<' Lif'ut .. Tose R<',\'l'S, a lieutrnant of thr Constabulary forces, wa.- infonn<'d by thl'l•e m<'n. by nume ('ri;:;pulo Capuli, Benito \-illann<'va. und VulE'ntin dr Guzman. who by onl('l's of the said li<'ntrnant joined tlw party PllC'ampl'd in said nmngrnw swamps; that on April 30 of the same yl'ar, l .. iE'nlenant Reyes and his soldins attac•ked thr party at J.fa.fa\aba, dispersing it. and after the <'omhat raptured provisions, a rP\'O\\'er, and a Rf'mington rifle; that the spies saw Nem<'.sio Hernandez nnd Facundo Pineda among the membE'rs of the hand. Juan Zorilla, the l'ook of San )fig:nrl's part)", testified that he saw Eulalio Reyes, Franc+•<'O Hrnrdicto. Agustin dC' Jn Cruz, und Fa<'tmdo Pineda among the Obando \'O\unt<>rrs who joined the said party; that 11<' knew that thC'se nwn had so joinrd the band, because he wns prC>sf'nt when a Jrttrr from Sergeant Dnmaso C'aamhol was rf'ltcL in whid1 lrtter hr announced his arrival in the mountains for the purpos<' of joining San l\'liguel's party; that thE' pnrpo~e of thi.s band, af'rording: to Snn l\Iiguel. 1mcl thP lend<'l':<, Apolonio Rnnumn. Natalio ..\n:;;;tria, Guillrrmo, ancl C'ontrrrns. wns to fight again:-;t th<' ('on· stabulnry to accomplish the indl'pendence of the C'Ountry. In· spector Donato Teodol'O and Lieut. Jose Reyes identified the accused as members of the volunWer corps to whom they had delivered guns and pay. Inspector Donato l(•stified subsequently that Eulalio RPy<'s, Jt'rnm·is<·o RNtedieto, and Fal"undo Pineda confessed lo him that llfll'r drsrrting the;\-' joined San :Miguel's banrl. Section a of A<•t Xo. :W::!, passl'd ::.fovC'mber, HIOl, reads as follows: "g,·ery person who incitrs. srts on foot, assists, or engages in !Ill;\-' rebC'llion or insurrrC'tion against the authorit;\-' of the United States or of the Go,·crnment of the Philippine Islands. or the laws thereof, or who gives aid or (•omfort to anyone so engaging in such rebellion or insnrreetion, shall. upon C'Onviclion, be imprisoned for not more than ten years and be tined not more than $10,000." ThP evidence in this case, consisting of thP testimony of a numbC>r of witnesses am! 1•spe<'ially the testimony of two officers, one of tlwm a memh<'r of thP C'onstabulal'y and another a. member of the volunl<'er 'l"orps organiz1•d in Bnl;wan. and the testimony of the witnC'ss .Juan Zorilla, l'slahlishcs the fact that on the after· noon of Ft•ln·mn·y !i. rnoa, the eight dC>fPndants. with othNs up to the numbC>r of ::!.), ht•ing rnhmtccrs p1·oyid<'d with arms belonging to the Jnsular C:on·rnmPnt, abando1wd the garrison in which they had been stationrd, aml nmlPr the direction of Sergrant Dama.so Cnurnhol join<'d tlw ham! of the so·callPd General San 1\-liguel, rm·iunpC'd at Corral nn llato, acting upon an agrPement to that rnd with 8an )Jigul'I or some of the ofli('ers of his hand, aiding and alwtting 11nd taking a<'tual part in the acts of rebellion and ins11JTP1-lion 1•011111iittPd hy tlw sni(\ band against the authority of tlw Unit<'d 8ti1te,., anti of it.<; laws. resisting the agents and officers of the ln:mlnr Go\'l'rlllll('llt. No doubt they deserted for the rxpr<'ss pmpose of joining the insunection nm! opposing the aulhoriti<'s and their agents. Th<'S<' fal'ts are c·onfirmed by the testimony of the accused, Reyes, Bcnedi,eto, Hernandez, Baeza, and Pineda. It fnrtlwr appears from the record that some of the defendant.-; ll'ft 8an ~Hg1wl's hand and went into hiding in the mangrove s\1·11111ps of the town of Paombong, where they proposed to form anot.hrr party for thP p11rposrs of falling upon the town of Hagono:.· and subsc>(]ll<'ntly Malolos, th~ capital of the prO\•ince, donhtl<'ss with thl' intrnt of atta('kin,Q" tlw ]0("11] authorities of thes(' town.-; upon thl' supposition that the ;:;aid authorities would oppo.'I<' thdr nssnult; and 11ltliough thi:-; purpose was not carried into df1•1•t, this wns hpc·11usr LirutC>nant RC'V<'S of t\w Constabularv attiwked thcm brforf'lumd with tlw Gove~·nment forcrs am! di;. pcrsf'd them, on April 30, HI03. The eight defendants plead not guilty, bnt nothwithstanding thl' inadmi:;;;sab]1• and unsupported 1•xculpation whieh five of them attempt('(!. saying that th<':">' on\,\• ohry<'d tlw orders of Sergeant Caambol Wh<'n ]raving Obando ganison and that with the consent and hy order of the latt('I' tlwy W('l'C disanm•d by a number of the mrmhers of the Ran Mig1wl party whieh r-urpl'ist'd them while their gun:;; Wl'l'I' unloaded and took them to Corrnl na Bnto, the ensl' nc\·<'1'llwless shows mol'I• than sufficiPnt PVidrnce of the guilt of thl' dl'fendant<; of the crime of rebellion, they having taken part in actual acts of rebellion eommittC>d against the authorities, for tht>y did not resist the idlcged disarmamrnt and kidnapping whieh tl\C'y nllegf', and thl'ir conduct at thr time of their desertion 11nd subsequently shows conclusively that they went into the ranks of the enemies of peace, of law, and of the well-being of the eountry willfully and with full knowledge of the gmvity and con· sequ('nccs of their acts. ThC> bed proof of the guilt of the accused is that on the day following that on whieh thC',V join<'d San )figne]'i;! fore(';:; they assisted the lattC>r in thC' skirmish against the Constahular;-.•. Conseq1wntly thl':'>' ill'<' guilty as principals of the crime with which tlwy arr clrnrgrd and nrC' subject to the personal and pecuniary penaltiC>s to which they have been con· demned. 'l'hC>refore, for the reasons above stated. we are of the opinion that the jndgmf'nt of thr court hE'low, dated 8eptrmher 25, 1903, and by which ench of tlw Pight defrndants is condemned to ten yenrs' imprisonnwnt and to the payment of 10,000 Insular pesos OFFICIAL GAZETTE 425 each and to the costs must be affirmed. This decision and the judgment hcrl'nftcr to be l"ntcred in accordance therewith will be sent to the court below for execution. A1·elhmo, C. J., Cooper, Willard, Mnpa, McDonough, and Johnson, JJ., concur. J11dgmc1~t affi.nncd. (No. -H.68. March H, 19CM..] 7'11 E l!.Y l'J'RIJ 87'A TBR, complafoant and appeUcc, 118. ~tLOi\'80 P. OARDNBR, defrmdant and appellant. 1. CRIMISAL LAW; CoUKTERFEITING.-The defendant raised a Sl United States sih·er certificate by pe.!'ting a piece of paper with the figure "IO'' over the figure "1" on the certiflc11te, and pa5SCd itns of the value ofllO. Held, tha.t tlie defendant 111 guilty, under article 289 of the Penal Code, of the crime of falsifringndocumcntpayabletobeorcr * • • thelssueofwhlch has been au1J1orixed br law. Per l\lcDoNouou, J., dissenting: 2. In.; Io.; SIL\'EK CE!tTIFICATE; MONE\".-A United States sliver cerUl\cate having no intrinsic value, is not money, but is a document or credit p&)"ablc to bearer. 3. ID; In.: Io.; Io.-The11Ctofattempting to;raisc o. 81 United States silver ccrllftcote to the dominaUon of SlO by pnst.ing upon it tbe figure "10" constitutes the crime of counterfeiting money, not that of falsifying documents of credit. Silver Treasury noles or the United States arc moocv, not "documents of credit." Per CooPER, J., dissenting: ,i. Io.; In.-The uctof attempting to n1ise all United States silver ccrtiftcate to the domination of SlO by pasting upon it the ftgure "10" does not CQUstitute tbe otrense defined in article 289 of the Penal Code. Such a sllvcrcertiftcote does not come within the meaning of the phrase "bank notes, or other In· strumenu P¥o)'able to bearer, or their coupons, whose iuue may have been au· thorized by a law of the kingdom." r. Io.; Io.; EllTAF.a..-Toconstitute the crime of counterfeiting money there must be In tile false thing a slmiiitudc to the supposed original, and there being no such 11lmilitudc between a SI sil\·er certJftcate with the figure "10" pasted over the figure "1," and a genuine SlO certificate, the crime committed by one whoso o.ttempts to raise a SI certificate, and uses !tu a means of fraud is not that of counterfeiting_ paper mone)·, but that of swindling (ed11/a) AP.PEAL from a judgment of the Com·t of Fil'st Instance of Manila. The facts are staled in the opinion of the court. LIONEL D. HARGIS, for appellant. ~olicitor·General A11A~ETA, for uppcllee. 'foBBES, J,: On Janua1·y 20, IOO:i, the prosecuting attorney of the city of :Manila filed an information in the Court of First Instance of thn.t city charging the three defe>ndants with the crime of the falsification of notes 01· documents equivalent to current money payable ·to bearer, in that on or about the 16th day of January, 1903, the said defendants, Gardner, JamellOn, and Kilp, in the city of Manila, Philippine Islands, willfully, feloniously, and with intent to gain, forged two notes or documents which passed as current money under the laws of ther;.e Islands, with the intent of circulating them, and for1:,'l'!d and attempted to make an imitation of two United States sih·er ccrtificat~ of the \·alue of $10 each, monl:"y of the United States, altering and changing the mun· bers, sealr;., letters, and inscriptions on two $1 United State11 sih'er certificates which pass ll~ cuncnt money in the Philippine Islands, in order tlu1t the~· might appcnr on the face as of the ,·alue of $10 each; this contrary to the statute in the case made aml pmvided. After the complnint was filed and before the trial commenced, ut the request of the prosecuting attorne~ the case was dismissed with respl.'(.1; to thl' defrndanb .Jameson und Kilp under the provisions of article :i4 of Gene1·ul Ordt>r", No. 58, and they were 11 ccordingly dii.charwd, tlw profff'eution being continued solely against AlonRO P. Gardner. 18314-4 From the testimony ta.ken at the trial, it appears tha.t on January 16, 1003, while the accused, Ga1·dner and James Jameson, were in the "Soldiers' Institute" situated in Santa Cruz of this city, Gardner ordered Jameson to go to a bookstore in front of the post·ol6ce to buy a bottle of mucilage and a blue pencil, and for that purpose gave him a lmlf a dollar. This was a.bout ha.If pn.d 3 in the afternoon. Jameson got the mucilage a.nd the pencil, Gardner not having told him for what he wanted them. As a witness Jameson identified one of the blue pencils which was shown him at the trial. Jameson's testimony is corroborated by S. A. Presby, the owner of the ?i-Ianila. Stationery Company, who identified the witness Jameson, as also the pencil and a bottle of mucilage, which were exhibited to him as those which he had sold to Jameson between I o'clock and 2.30 that afternoon. Between 6 and 7 o'clock that night the witness JO.meson, a.t the invitation of the accused, went by tram car to the Ma.late bar· racks, whe1'e they found a soldier, named William, wit11 whom the accuRed had some conversation. 1.'hey then left . the barracks, and while passing by a tailor shop Gardner handed Jameson a bill asking him to change it for silver and promised to give him half its value. Jameson drew Gardner's attention to the fact that the bill was not good, to which Gardner replied that he knew that, and that he had made it with mucilage, saying lo Jameson, "Go along, get it changed, and I will give you half." Jameson cnshed the bill and received 25 pesos for it and then went up to the Soldiers' Institute,. where he found Gardner. This witness described the bill which was so exchanged by him, together with the alteration which had been ma.de in it, and identified the bill which was exhibited to him at the trial as the one which he had given to the Chinese tailor, numbered 54226499, and testified that this bill had been given him by the defendant Gardner, in whose possession he had also seen some Confederate bills. The silver certificate identified by this witness appears on page 91 of the record. Jameson also testified that when he delivered to Gardner the money obtained by changing the note the latter g&.\'e him $7 or $8, and that Gardner at that time had another bill on which he had pasted a nuu1be1· "iO" very similar to the bill which he had given the witness, and that this bill remained in Gardner's possession; that afterwards the witness Jameson and defendant Gardner went together to the town of Cala.mba, where the witness saw that Gardner had nine Confederate $10 bills which he tried to pass in a l<~ilipino drug store; a.t the time he tried to pass these bills there were three persons unknown to the witness in the store, one of them an Amel'iean and the other two Filipinos. The Chinaman Ah 1',un, resident of No. 32 Calle Nueva, :Malate, testified that he had given 2.5 pesos in exchange for an American bill upon which the number 10 had been pasted; that he did not observe this defect in the bill at first, as it was dark, but observed it very 1i11ortly afterwards and immediately went to the police station to complain. 'fhis witness identified the bill numbered 54226499 as the one which had been delivered to him by .James Jameson, and testified that the latter told him it was a ten-dollar bill. The witness William F. Kilp testified that he was with Gardner one Saturday night, the date of which he does not remember, in a house of prostitution in Sampaloc and that while in this huuse the witness attempted to pass n. bill which he had received from the accused while they were together in the Soldiers' Institute a. short time before; tha.t he handed this bill to the owner of the house No. 106, that the womnn short!~· after returned it to him saying she could not change it because it was bad. This witness identified the bill on folio 01 of th<' record, numbered 3G570681; he testifled that after the woman returned the bill to him lie handecl it back to the uccuRed who told him at the time thut it waR not n good bill 11nd that he had got it from a man callrcl Rennet: thiR witneM also testifted that he had seen some otl1er Confcclrrate bills in the possession of the defendant. 426 OFFICIAL GAZETTE - - - - - - · - - - - - - - - - - - Georbre W. Marshall, a detective, testified that he was in the Sampaloc station when the witness Kilp wus ta.ken there under n1Test in connection with the attempt to pass a. one-dollu bill raised to a ten, and idrntified the bill in question ns that numbered 365i968l, now on page 01 of the record. Jerome PntterRon, n polironmn, testified that he saw William F. Kilp in a house of prostitution No. 106 and that Kilt> while there handed a $10 note to the mistress of the house, who offered him 20 pesos for it; that upon this the witness asked Kilp why he accepted 20 dollars for it when n Chinaman would give him 25 for it, to which Kilp replied that the Chinaman only had 6 or 8 dollars; that sho1·tly afte1· the woman rcce-ivcd the bill s11e came back with it and refused to keep it, and that then Kilp approached the light for the purpose of examining it as did some others who were there and nlso the ~'·itness; that wl1en the wit.ness askt><l Kilp where he ~t that bill the latter told him he got it 1tt No. 47 Balicbalic in a Chinese house; that just at this time a strangl'r who was lying on a bench there said that he was present when the bill wns given to Kilp; that this man was about the same si7.e as the aceused :md that after 1.;:np wm; tak<"n to the polit'e Rtation the witness returned and looked for the man who had been l~·ing on the bench but could not find him. Maria. Snnehez, the keeper of the house of prostitution, identi· tied the defendant as having been in her house with the defendant 'K.ilp, who triecl to cash a $10 American bill and said she was about to gh•e him the change but obsernd on approaching the light that the number was stuck on to the bill; that she then returned it and said she would not change it because it was bad; that whl"n Kilp was taken to the police station by Patterson, the police oflicer," it was found that the bill was bad; that while this was goiiig on the defendant Gardner was sitting on a. bench; this witness identified the bill numbered 365i9681 as the same which had be<>n handed her by Kilp. Article 289 of the Penal Code provides that those who falsify bank notes or other instruments or doeuments payable to bearer, or coupons thereof, the issue of which has been authol"ized by law, or those who introduce such in the Philippine Islands, shall be punished by cadena tempoml in its medium degree to cadena perpetua. and a fine of from 6,250 to 62,500 pesetas. The silver certificates in the record are documcnt:r1 pnynhle to bearer, or documenb of credit duly issued by virtue of the Fedel'al laws in force in the United States and are included in this article of the Code as documenb payable to bearer. Each one of these certificates may be considered as paper money, the purpose of which is to take the place of cash by a representative value, the same as any other document of credit, but they can not be considered to be money 11s they are not a commodity having an intrinsic value as hns coined money. The falsification of bank notes and of dot'umenb of crc1lit payable to bearer and issued hJ• the State, to which clas!!o the two N>rtificates in question belong, is an act !!oCVerely punished by the law as tending to bring such documents into di11credit and because such offenSt'lil produce a laek of confldcnce on the part of the holders of said documents to the prejudice of the interests of society and of the State, and for this reason the law punishes this crime more scverf'ly than it does the counterfeiting of money, in consideration of the foct that it is easier to counterfeit sitch certi· ficates, notes, and documents of credit pnyable to bearer than to make counterfeit coin and that the profit which is derived therefrom by the fo1·ger of such "documents. is greatl"r and the incenti\"C for the commission of such a crime more powprful. The falsification of these silver certificates was effcetc<l by pasting little pieces of paper on each one of which the figure "10" appear11, over the figure "I" which showed the true \"alue of the rertifiea.te and by obliterating with a peneil the number "l" wherevt'r it appeared on the corners or sides of the certificates for the purpose of making it appear that each one of thf'm wasi worth $10 inste11d of $1, and by this means the sum of 25 l\lexican pesos was fraudulently obtained in exchange fo1· one of the said bills or certificates. The accused, Alonso P. Gardner, pleaded not guilty. In his sworn te!!timony he stated that on the night of the 16th of Jan· nary, 1900, while at supper in the Soldiers' Institute, Jameson approached him and sat down beside him; that shortly afterwards Kilt> arrh·ed, who asked Jameson if he had any money and the latter replied affirmatively, placing a bill on t!1e table and told him to take what money he wanted; that thei·eupon the witness picked up the bill, without noticing what it wns and handed it to Kilp; that one afternoon Jameson put on a pair of trousers belonging to a man called Studemeyer and shortly nftel' found in the pocket of these trouse1·s three Confederate note11, and when .Jmne.:on handed the witness one of these notes in S11m1.ialoc, ask· ing him if it was good, t.he witness looked at it and said, "No; it is not bf'OO<I;" that ,Jameson had more than two notes of this kind, from which the witne~s removed the numbers which had been pasted on to them; that when he went and looked for Jameson to wh~m he Imel dclh·ered n watch for sale on the night of the 16th of thnt month, he found him in a China1m~n's store changing forged notes; that Kilp also 1mssed a forbrecl note that night; that the witness did not know by whom these notes were forged; that on the night of the lith the witness and Kilp were in house :Xo. 106 in Sampaloc, where he stretched out on a bench; that shortly after a woman al"OuSt'd him asking him if a bill which she had was good; that Kilp then told her that he k11ew to whom it belonged and the witness replied that it belonged to one Ben· net; that he knew that Kilp passed the false note in Sa.mpaloc in cxclia~re for silver and that Jameson did the same thing; he denied that he had received any part of the money which Jameson obtaint'd for the false note; that on the 16th of January Jameson asked him for a dollar with which to buy n bottle of mucih1ge, and the wit11ess hamdecl Jameson 30 cents, which was all the money he had; that nothing walil said about buying a blue pencil; that while he was in Bilibicl he enclea\'ored to induce the said Kilp and .Jameson to tell the truth and that they agreed to do so, but that only Kilp testified and .Jameson refused to do so fearing that he would be charged with perjury if he changed his testimony. 'l'hese excuses given by the defendant, Gardner, do not O\"ercomc the result of the evidence for the J>rosccution. The proof of the defendant's guilt is shown beyond n reasonable doubt; that Alonso I>. Gardner altered two silver certificates of the value of $1 each, for the J>Urpose of gain, circulating nnd passing them as of the appa.rent \"&lue of $10, and that he succeeded in cashing one of them and that with respect to the other his criminal purpose was frustrated because the fact that the bill was fo1·ged was ohserved at the time. The testimony of the witnesses called by the defm1se do nut show tl1nt Gardner had nothing to clo with the alterations 11mdc in these two certificates. The evidence is that the defendant bought a bottle of mucilage with wf1ich the figure "10" was ~tack on a $1 note over the fignre "I" and provided himse]f with a blue pencil with which the other figures on the certi t!.cate \• i.:re ubliterated; that while he was in prison he endenvm'Cll. to induce the witnesses Jameson and Kilp, of whose services he availed himself for the purpose of cil'cnlnting the forged note.o. to testify in his fa,·01·. This circumstance col'Toboratei tJ1c lci:itimony for the pros· crntion nnd gives greater weigl1L aml Crc!dihility to the witnesse;;. flf.;'11in .. t. Gar1lncr, who it thus appears is the sole principal hy •lirt•ct. partit'ipation in the crime of fnlsitit'ntion hel'cin Jll'O!ll"t'nt.f'd. Xo circumstances of mitigation or aw-:1·an1.tion we~ present in tht' c:ommisi1ron of the crime and t'Olllil~f!Uentl~· the :ulcquate remedy ~honld be imposed in its m(>dimu '.{rncle. With res1iect to the points made in Lhe hri<"f for the defense, it is sufficient to show thnt .Jameson and Kilp testified under onth at the trial as witnesses und not ns aecomplit't'S in the l"rimc nm! OFFICIAL GAZETTE 427 that the con\'iction of the d1•fendant rests not only 011 th~ir tc-stimonv but also on other evidence for the prosecution :md 1.:.pon evid~ncc in the !'cror<l considered as a whole, For these reasons we arc of the opinion that the judgment of the trial court should be reversed and Alonzo P. Gardner should be condemned to the p<>nnlty of !iC\'Cnteen years four months and one day of cadc11a tcmpora.l, with the accessories of the civil inter· diction of the defendant during the period of the penalty, that of absolute perpcitnal disqualification and subjection to the vigilence of the authorities during his lifetime, to the pnyment of 25 Mexican pesos to the Chimmum Ah Fun, nnd to the payment of the costs. Judgment will be entered accordingly, and the ea:;e will be remanded to the court below with n certified copy of this decision for execution. It is so ordered. Arellano, C. J., Willard, and ::.\Iapa, JJ., concur. ),foDoNOUoH, J., dissenting: The defendant mu:; charged with making and passing countC'rfeit money. He is not chnrged with falsifying "bank notes or other instruments or documents payable to bearer or their coupons whose issue may have been authorized by a law of the Kingdom," as provided for in Chapter 111, article 289 of the Penal Code. Chapter II of the Penal Code makes provision for the punishment of those who counterfeit money, whereas Chapter Ill relates to the falsification of bank notes, instruments of credit, stamped paper, etc. The two bills which were altered by the defendant, orie of which was passed and the other offered and refused, are known as silver treasury notes of the Cnited States, and are genuine bills of the denomination of $1 each, which bills the defendant attempted to misc to the denomination of $10 by pasting on each of them the figure "IO." These treasury notes are made by law-a l<'gal tender for all debts, public and privat!?, unless otherwise denominated in the contract, and are payable in coin. 'fl\<'y are not "bank notes," nor are they ''other instruments or documents"-they are money. (See act of Congress passed July 14, 1890, ch'.l.p. i08.) The other instruments referred to in article 289 evidently mean bonds or stocks or like instruments payable to bearer; and this construction is supported by the pro\·isions of article 2£1:3, which provides for the punishment for counterfeiting "bonds payable to order or other documents of credit not payable to bearer." It follows that the defendant should be punished under article 282 of Chapter 11 of the Penni Code for making counterfeit of money which is current in the Kingdom. If it be said that this article relates only to coined or metallic money, the answer is that the word moncda may properly be used in its commercial sense as a medium of exchange, and thus include paper money as well as metal money. One of the definitions giYrn to that word in the Dictionario Enciclopedia de la Lengua Cnstellaila is to that effect. .Moreover, in subdivision 5 of that definition it is given the meaning of "co· rriente de lt>gal ~,usual," and in subdivision Ii we find "moneda sonante" and ··moneda mctalica,'' showing that mo11cda is a generic \Vord which includes legal·tender paper money as well as metnllic mo1wy. This. too, is the translation given to the word in the official English tl"anslation of thr Penal Code issued by the Cnited States Government. In Appleton's Spanish Dictionary mo11cda is defined as "Money, specie, coin." Jloneda sonantc is defined as. "Hard :noncy, specie," and moncda co1Ticntc is drfined as "Currency." This view that the punishment should be for countcrft>iting or passing counterfeit money is supported by the provisions of article 280 of the Penal Codi', which rxpress\y fix~s the penalty for counterfeiting the coin1•d money of the Kingdom, viz, gold, silver, coppN, and bronZf', whereas article 282 i1' a sweeping one and includes nil other money current in the Kingdom, which would of course, include paper money. It is important to determine whether the defendant shall be punishl'd under article 289 or nder article 282, for under the forntcr articl1• a penalty of at least se\'enteen years imprisonment be imposl'd must be impos.ed on the defendant, whereas under the lattl'l' section the longest term of imprisonment which can be gin•n the defendant is four years nine months and ten days. The highest penalty that can be inflicted in the United States for countPrfeiting treasury notes is a fine of not more than $5,000 and imprisonment not more than fifteen years, this leaving it in the discretion of the court to impose such lesser penalty as the mag· nitude of the offense requires. It seems to me that hTI.prisonment for a term of seventeen years for raising a $1 bill to $10, and passing it is too severe a punish· ment for such an offense. If we may he so liberal as·to construe tht> wor<l "Kingdom" to mean "United States" or "Philippine Islands,'' ns we must do to convict at all under the present law, w1• may well in the interest of justice hold that the word "moncda" includes paper money, and that the defendant may be convicted under Chapter II of the Penni Code. I therefore favor reversing the judgment below, condcting the defendant of making and passing counterfeit money, and sentencing him to imprisonment for four ycnrs nine months and ten days, and to pay a fine of I ,000 pesetas. COOPER •• /., dissenting: The defendant, Alonso P. GardnPr, was charged with the crime of falsifying notes and instruments passing current as money under the la.ws of the Philippine Islands, payable to bearer, .tnd was couvicted in the Court of First Instance and sentenced to imprisonment for the period of twelve years and one day. The complaint in the case is as follows: "The undersigned accuses. Alonso P. Gardner, James Jameson, \Ym. F. Kilp, and each of them, of the crime of falsifying note.s and instruments passing current as money under the laws of the Philippine lslands, payable to bearer, committed as follows: "That on or about the 16th day of Janua.ry, 1903, in the city • of lfanila, Philippine lslands, the said defendants and each of them did, willfully, unlawfully, and feloniously and with intent of gain and for the purpose of circulating the same, counterfeit and falsify two note.s and instruments passing current as money under the laws of the Philippine ]slands, in this, to wit: That the said defendants and each of them did, then and there, _falsify, counterfeit, and make, and attempt to make a.n imitation of two United 8tates sih·er certificates of the value of ten dollars ($10) each, United Stntes currency, by then and there so altering and chang· ing the figures, stamps, lettering and inscription on two one·dollar silver certificates, United States currency, passing current in the Philippine lslands as money, as to make them appear on theil" face to be of the value of ten dollars ($10) each, United Stntes currency, contrary to the statute in such ca.ses made and provided. "GEO. \V. MARSllAIL. "Subscribed and sworn to before me this 20th day of Janua.ry, 1903." Article 289 of the Penal Code, under which the conviction was made, reads as follows: "Those who shall falsify bank notes or-other instruments payable to bearer, or their coupons, whose issue may have been authorized by a law of the Kingdom, or those who shall introduce them into the Philippine Islands, shall be punished with the penalty of cadena temporal in its medium degree to cadena perpetua and a fine of from 6,250 to 62,500 peseta.s." The evidence shows that the money which is alleged to have been counterfeited was a genuine $1 United States silver certifi428 OFFICIAL GAZETTE cate. The alteration consisted in cutting out from a Confederate bill the figure "10" and in pasting it in the upper co~nen of a genuine $1 silver certificate. There was no attempt to change any of the written 01· printed pa1·t of the bill. The questions which a.rise in the cnse arc: (1) Was the offense charged in the indictment of the character defined and punished in a.rticle 289 of the Penal Code! (2) Did the alteration of the silver certificate in the manner shown by the evidence-that is, pasting the figure "10" cut from a Confederate hill O\"Ct the figure ''.l" in the upper corners of n. $1 sil\"er certifi.cate--constitute the offense of counterfeiting money! That a United States sih·er cert.ificnte does not come within the meaning of "bn.nk notes or othe1· ipstruments payable to bearel', or their coupons, whose issue may have been authorized by a Jaw of the Kingdom" ia evident when construed in the light of the legislation contained in the Code of Commerce, for, by e.ii;:amining these provisions we disco,·er the character of the paper which was "authorized by the law of the Kingdom." By article 117 of the Code of Commerce, the establishment of land, agricultural, issue and diseount banks, of loan and mortgage loan associations and othe1· associations, the purpose of which is industrial or commercial, is declared to be unresb:icted. Under artic1e li9, Code of Commerce, banks are authorized by law to issue notes payab1e to bearer; by article 20i of the same Code, morgnge·1oan nssoeiations or banks are authorizccl to issue mortgage bonds a.nd certificn.tes to bearer; and by article 212 of the Code of Commerce, agricultural banks and associations arc authorized to gua.rantce with their signature promissory not.es. 1t is evident from these provisions of the Code of Commerce what class of bank notes or other instrum1>nts payab1e to bearer, or coupons, ha\•e been authorized. by the law of the Kingdom, and it is evident that a silver certificate issued by the United State& Government does not come within the meaning of section 289. This section is cont.ained in Chapter III, Penal Code, w11ile tho counterfeiting of money ia defined and punished under Chapter 11 of the Penal Code. It will be noticed that a much heavier penalty has been llxed for counterfeiting bank notes or other instruments 11ayable to bearer, or their coupons, than ia prescribed for the eounterfeiting of money. In the former case, the offense is punished by cadena temporal in its medium degree to oadena. perpetua. and a fine of from 6,250 to 62,500 pesetas. While for counterfeiting money under article 282 the punishment is presidio correccional in its medium and maximum degrees and a. fine of from 625 to 0,250 pesetas. The majority of the coul"t have reached the eonclusion that the defendant can not be convicted for the counterfeiting of paper money under chapter II, because the money referred to in article 280 and 282 of said chapter relates BOlely to go1cl or silver coin. The fa.ct that such may be the case will not justify the convic· tion of the defendant under another provision of law, which was intended. to apply to an entirely different cnse. But if it is true tha.t the counterfeiting of paper money may be punished under article 282 of the Penal Code, still the facts in this case are insufficient to support a conviction. Thia offense is defined as fol1owa: "He who shall make counterfeit money, of the value of the genuine, by imitating money that is lawfully current in the Kingdom, shall, be punished with the peno.lties of JW6sidio corrcc· cionat in its medium and maximum degrees and a fine of fr.om 625 to 6,250 pesetas." There was no attempt on the part of the defendant to n1ake a counterfeit $1 silver certificate. The $1 silver certi:flcate passed by the defendant was a genuine bill. Nor was there any attempt to counterfeit a United Sta.tea $10 certificate. There is no resem· blance whatever between the $1 silver bill, a.s changed by pasting the figure "10" in the upper corners of the bill and a genuine United States $10 sih·cr certificate. Nor, as will be seen by a eomparison, is there the least 1·esemblance between a $1 11ilvcr bill and a $10 silver bi11; they are of a different series and the en· gravings on the bills are in no respect alike. In the upper left hand corner of a. genuine $10 bi11 there is the letter "X" with the word "Ten" printed across it which is entirely different from the figure "10" on the $1 silver bill; on the $1 certificate appears the large :figure of an eagle, while on the $10 bi11 ia a vignette of an eminent statesman. The other figures engraved on the respective bills are wholly dissimilar. . In forgery, as well as the counterfeiting of money, the rule is that there must be in the false thing, 11. similitude to the sup· posed original. (1 Bishop, Cr. Law, i69.) ' This similitude is entirely lac-king, as before stated, between the bill passed by the defendant and a genuine $10 silver certificate. The bill has been sent up with the record. An inspection of it shows an extremely clumsy piece of work, and it can not be c-onceivecl how it eould ha.Ye been passed except by taking advan· tnge of the darkness of night. The c,·idencc in the record shows that there was nn attempt to pass this .bill on another person than the injured pal"ty, and the trick was at once disco,·ered. Ah Fun, the Chinaman on whom the bill was passed, sl'ems to hn,·e taken it rather upon the representation by wo1·d that it was a $10 bill. than by being deceived by the a.ppeu11nce of the bill. He testified "it was in the nighttime and I could not s119 " " "; he said it wmi a $10 bi11, I thought it was a $10," and states that he discovered the frii.ud about five minutes after the defendant left. Instead oi this being a case of counterfeiting. it was a mere trick or device by whi<'h the dcfendnnt defrauded the Chinaman of the money he rcceh·ecl in exchange for the bill. The offense which the defend1mt has eommitted aml for whieh he should be punished, is esta.fa, and is defined in article 534 of the Penal Code, which reads 11s follows: "A person who shn.11 defraud another in the substance, quantity, or quality of things he may delh·er to him, by \'il·tue of an obli· gation, shall be punished"l. With the penalty of aiTeslo mayor in its minimum and medium deg1"ec1:1, if the fraud should not exceed 250 prsctus in amount " " "." The drfendnnt should be arquittecl of the offen!!.c with which he is c>hargcd. with directions that n 1·omplaint be in!!.titutcd against him charging him with cRtll{a, defined in nrticle 534 of the Penal Code, the penalty of which if> arresto ina.ycw in its minimum and medium degreei;. There is quite a marked dif· ference between this penalty, which ii; imprisonment from two to four months, and that of ca.dc>na. tcmpoi-al, under which the defendant has been sentencccl by this court to imprisonment for the pel"iod of sc,·enteel'l. yeari; four 111onthi; and one day. ./ 11d gm r:nt i·et•ersed. [No. lMJ.. llla~b 15. 1904.] 7'HB UNITED STATBH, complainant and appellee, vs. PEDRO GIT, defendant and appellant. l. C1tl>!INAL LAW; Mt11tDER; AL£V081A; AOORAVATING CIRCU>iBTANCES; Noi:run· NIT\'; E\"JOENT PRE:\IEDITATION; REMUNERATION; DWEl.LING.-TheaccWICd, in considemtion of the promise to pay him the sum of 100 pesos, killed the deceased, Inflicting upon him a mortal wound while he wns lying asleep In his own hoW1e. Held, that the facts consUtute murder, with the quRllfylng clrcumsto.nce of aktloafa nnd the generic aggrovating circumstances of the commission of the erlme for remuneration, with evident premeditation, In the nlghtilme and in the dwelltng house of the decensed. 2. In.: MITIGATING CIRCUXSTANCE!I; DRUNKEN!'"ESll.-The fact that the accused was intoxicated at the time of the commif!Slon of the crime will not be considered u a mitigating circumstance when it is not shown that this vice was not habitual with him, and when it appenrs that he bee11mc intoxicated purposely to nene himself for the commission of the crime. OF.l!'ICIAL GAZETTE 429 HEVIJ.;\\° of a jndgmcnl. of tht• l'oul't of l<'irst l11st1111<.'C of Xcg1·os Oc<'idrntal. The facts arc stated in the opinion of tht> ('Olll'l. SANTIAGO D. REYE8, for appellant. Solicitor-General ARANETA. for nppcll<'l'. TORRES, J.: On Dccrmhl'l' 3. 1!102, the pro\·inci11l lhwnl of Ol'l0 idcntal Nt•gro11 filPd 1111 information in the Coul't of l<'il'st ]nstanceo of that tlis· tricl clunging Pedro Git. L1rnrrm·io Sernnl, .Julio Oecill, Pedro :\lijarPs, and L11ure1mo liijarPiO us pl"im·ipuls. and Jfasilio Situndo, Petronila Dc-rdnga, 11nd Eugenio Bl'rdngn 1111 act't'!!!mril'>I after the fact, of thl' crime of nmrth•r in tlmt one- Satunlay. prior to the I lth of Non•mhl'r. l!l02, for the purposr of appropriating to th<'m!'eln•s the lands of llignf'I Pn~tor nml of preventing him from p1·c..,.1mting anr <'hlim whnte\·rr. Prd1·0 )Jij1u·r11 and l.am·c1mo llijnrrs, his brotlwr11-in-law, who werr wol'king the !!nid larul11, proposed to Prdl'O Oit aml J~;IUl'Cnt•io Sel'nnl, while the latter were in the house of the said I...aurcnno, tha-t they kill !:mid Pnstor for the sum of 100 pesos. instrnct.ing them to kill the !'laid Pastor with clubsi for the purposl' of avoiding the shedding of blood by which the crime might bl' rewnh"<l and in ord<>r that his dc>ath might be attributed to the dioh•rn. whi<·h WllR then epidrmi(•; that the said Git and SPrnal ac.'<·epil'll thl' proposition nnd 1·esoh·ed to carry it into efTl'ct at 12 o'chK'k on thr said l lth day of ~owm­ ber while )Iigut>I Pastor was sound 11slf'rp in hi11 hou11e at Bontot in the township of Escalnnte of that district, in which house they were lh·ing as ln.borl'rs employt>d by Pastor; that Pedro Git strm·k P~u~tor n blow on the back of the ne<·k with a <·lub, being th<>n and therl' aided by Julio Oecia, who was pr<»·wnt with a rope prO\;dl'd bJ.· Pedro :Mijnres for that. pm·1)(111e, with which mpt> the drt·ra"'rd was. hound ,,·hilt> attempting to df'frnd hhn.:l•lf ;1ftrr th<> hlow w;1s struck: thnt aftpr Pastor \nl!< killed hi!< bod)· was bnrit>tl in th<> t•emel<"Q' with the aid of Bus.;ilio Situado, Prtronillo Berdag:t, nnd Eugenio Ilf'rdagn. the first of whom was suspec·ted of ha\'ing sustained illil'it rrlntions with tlw wift> of th<> dec•e1111l'd, who on that a<'<'ount had dist·hnrged him :-1011w dll)'S ln•fol'e the oc•cnr1·r11C't>; that the 11econd J>Prson nbo\'c 111rn1c•d had found spots or blood in the snid house but fnill'd lo make n proper im·t·~tign­ tion. thrn·hr gh·ing Ol'<'11sion for tlw m11<·e11lnwnt of thP crime. The fist•al 1111ked in hi:-1 infornultion that thP youth. Paulo Hernnl, lie not prot«'<'ulrtl, as his pnrtieipalion in the crime wa11 not pro\'en. The complaint ha\'ing hl'en filed, the di.!!cluu·f.,rc of defemie a>1kNI thnt PPdl'O ;md Laureano )1ij11rr11 hi' gi\'<'n n st•1mmtc trial, which petition w1111 granted. ..\fterwards the c:u1e wa11 di11missed ""' to the dt>fendant Pctronilio Berdaga at the rPqnr11t or the prosecuting attorney, and he was accordingly discharged. )fr. G. A. Barber, n. sanitary iMpcctor. lul\·ing het•n informt•tl b)' !!Ollle of thl' habit11nts of the )lhlCP thut l'Rrly on th<' morning of Xo\'ember 12, 1902, a man hiul been huril'd in the t·Pm<'tery under suspicion11 circumstances, he rt>porll'd the c•a!ll" lo tlw local president of the town of Escahmtl'. who, 11crmnp1111ied hr his >IC'C'l'<'tnrJ.'. the snid inR{K'<'tor, and tlw ju!<tit•(' of the pencr, with his witn<'sses. immedintely J>rOcN>ded to nutkt> 1m C'X11111ination; they went. to tht> g1·a,·e where tlw)" oh!<t•l0 \'t•d !l(lOt!I of blood on the µ-round. The body ha\·ing lwen rxlmmrd it wiu; found to he that of Miguel Pa11tor. When exhumed the rorpt«> was wr11ppell in a mnt. An examination of thP body showed that a J>it•cl' of rope was \\Tapped around the neck, one t>nd of it bring f1lsll'11Pd to thP Jpft arm, the othrr free <>ml having bern app111·<'ntl~· broken. A wound wns fouml on thr baC'k of the TI«"<'k and thr right elw<>k, right <>ye and nose were bruisccl. Clam Ringson, thr municipal Jll't'sident. and his !ll'Cretary, .Jmm Alur<'Oll, stntf'd in thril· testimony. in addition to the fads 11h0\'(' related, that )11lrC'1!lino Gamao, a member of the municipol <'Otmcil, 1111'10 Rtated that he had been informed by the gra\·e1lii..rgeri'I that spot.s of blood were found around the grave in which .:\IignPI Pastor wa11 interred, and consequently, in view of the condition in which the body was found when exhumed, he directed the nncst of the men who had buried the body, the result being the detention of Pedro Git, Pedro llijares, Basilio Situado and l~n11rc•1wio Hern111. Thi11 witness testified further that when exhumed the body was dressed in an undershirt and trousers and that there was n. white stocking on one of ihe feet; that the grave wa11 only two or three spans in depth; that after the place was in11pected nnd an examination of the body made by Dr. Barber, the corpse wa11 reintcrred; that about 10 o'clock on the morning of the 12th, of November, Apolonio Quintao, a corporal of the C..:onstabulary force 1-eporte<l to the local pntsident and to the justice of the pence that he had arrested Lau1-eano Mijares, a nwmber of the town council, because Pedro Git and Laurencio Serna! had 11tnted that they had killed the deceased, Pastor, the night befol'<', by orders of the said Laurencio, in consideration of the com1JCnsation of 100 pesos. The witnesses Domingo Sabete, Fabio Dotdot, and Anastacio Cobetc testified that according to information which they had receh·ed, )Iigucl Pal'ltor was killed by Git and Serna!, workmen in his employ, by order of Laureano Mijares. The last witness testifo•d further that the hotuie of Pedro and Laureano Mijares \\'1\11 about 200 bmY..1\111 away from that of Miguel Pastor. Perto· nolio Herdaga testified that on the morning of November 12 Pe1h-o Git came to his house and tohl him that Miguel Pastor had dietl of cholera and .asked him to assist in the burial of the body in the ccmelf'ry, but that the witness, being ill, exeused himself and ordei-ed his brother Eugenio Berdaga to go with Git n.nd bury the body. That at daybreak he went to the eha.pel but found that the body was no longer there, but met Pedro Git, Laureneio HPrnnl, .Julio Ocein and his brother Eugenio, and also Rasilio 8itmulo, who were coming from the direction of the cemetery; that as he obscn·ed spots of blood on the floor of the building, lw nl'lked from whence this blood had eome, to which Git replied that they wer<> part of the feenl matter which ha<l come from the <·orpsr. which statement the witness believed; that after he was =u-resled and taken to the Constabulary barracks he' heard Petko mt, Laurcncio Serna.I, and Julio Oeeia state -to the Con!ilalmh1Q· corJ>ornl that Git w11s the man who killed Pastor with the aid of Hema! and Occia, by order of Laureano and PPdro lilijarl'.'11; th11t Git o\\-ed the deceased a certain sum of mont!)' which he Juul 1·efu11cd to pay; that after Git's a1·rest a pnir of trou11C111, an mult>rshirt, and a shirt of the deceased we1-e found in hh1 posses1don, which garments the witness recognized, he al110 being 11 laborer employed by Pastor. J~umeneio Bernal testified that he lived in the house of the dcccmied with his brother and Paulo Serna) and that while asleep on lhP night of the occurrence he wa.s aroused by a loud cry from Pastor, who called for aSHistance; that he immediately arose for tlmt J>lll'J>Ose and, there being no light, he crawled along the floor on hi"' lumds and knees; that jwit at this time Pedro Git, who was nl!llo in the house, lit a light and then witne11& 11aw the corpse of )liguel Pastor lying on the floor, face upward, with a rope fastened to one of the arms and wrapped 11evernl times around the neck; this witness further tc11tified that Git was not in the house before the witnesK went to bed and that he had not seen him UJI to the time that the light was lit and that he believes that. Git wa11 the man who killl"d the <1.eceased and struck the blows, the noise of which he heard immediately after the cry; thnt the 11aid Git immediately left the house and shortly after returned with Pedro Mijares who was desirous of determining for himlll'lf whether Pastor was dead or not, and that upon being cou\'in<'Cd that he was, he said: "Pardon me, brother Miguel. for the harm which I ha\'e done thee;" that Git and Pedro :Mijares then went awny and !llhortly after returned bring430 OFFICIAL GAZETTE -------------------------------------------ing some pil'C'l'S of 11plit cane with which they made up a sort of crate in which they placed the body after wrapping it in the mat; that thereupon the witness, Pedro Git, Basilio Situado, Eugenio Berdagn, and Julio Occia took the corpse to the cemetery; that Pedro :Mijar~ also saw the l'OlM! wrapped around the neck of the uorpse; -that Situaclo and Berdagn were called by the said Git ancl Mijares to help cany the body; that about 4 o'clock on the afternoon of the same duy while passing along in front of the house of Lnurenno Mijares, Pedro Mijares invited the witn(!Ss to come in, and upon his entering the said Pedro, in the presence of Laureano told him that if anything happened that night in the house of Miguel i~astor that he was to keep quiet about it; the witness replied that he did not unders.tand what they meant; that when the light was lit and he saw Pastor there dead he also saw Julio Occi:\. squatting near the body; that Paulo Sernal who also slept in the house did not awake at that time. Paulo Bernal testified thnt on the night of the llth of Novem· be1· he went to bed beside )Iiguel Pastor and did not obsen·e that the latter arose from the bed to go to sleep on the floor; that when he awoke on the following morning he missed Pastor, and shortly after he was arrested, together with his brother L1mrencio; that he then heard that Pastor had been beaten to death, and that when Pedro Git, his brother Laureneio, and Julio Occin. testified before the justice of the pence the witness heard that the latter were the persons who had been guilty of the crime; this witness further testified that he and the persons In.st named lived in Pastor's house. Lpon this testimony the judge below, considering the crime of mui·der proven as also the guilt of Pedro "Git as principal and also that of Ln.urencio Semal and Julio Occin. as accessories after the fact, condemned Pedro Git to death and Laurencio Bernal and .Julio Occin. to the penalty of ten years of presidia mayor each, with the accessory penalties, and all three of them to the pa;yment to the heirs of the deceased of the sum of 1,000 pesos each and to the payment of th1-ee·ftfths of the costs. Basilio Situado and Eugenio Berdagn were acquitted, and two-fifths of the corits were declued de oficio. Against this dt-cision there was no appeal by the provincial fiscal or the defendants Sermtl and Occia, and aecordinl?'IY with 1·espcct to them the judgment of the cou1t below is final and the casC ill before us sole!~· with respect to the con\'iction of Pedro Git, who was condemned to suffer the death penalty. The facts abovl' !'!tated show that the crime which was com· mitted is murde1·. The e\•idence in the case shows that on the night of the I Ith of October, l!J02, while :Miguel Pastor was sound asleep on the floor of hil'I house, lie wa11 shuck on the b11l'!~ of the neck with a piece of hard wood and a rope immedintel~- wrnpped around hi11 neck, one end of which was fastened to his left um; thu.t tJ1e dl'cearred, being for thh1 1-eason unable to defend himself 01· to al'ise, was strangled to death. The postmortem examination shows that his death was caused by the blow on the back of the neck close to the right ear and also by asphyxia, he ha\'ing been strnngled to death with the said cord; that thP wound was inflictcu with n sharp, pointed instrument which penetrated to the brain. It iri therefore evident that Miguel Pastor wM killed under circumstimces constituting alcvosia, the crime having been perpe· trnted while he was nsleep, and consequently the assailant without HD\" risk whatevl'r to himself succeeded in trcache1·011sly committh;g the crime. The defendant Pedro Git pleuded not guilty, but in his testimony as a witness for the defense said that he killed his muster, ~Iigut>I Pm1tor, on thl' night in question in obedience to orders rect-ived from Pedro and Laureano Mijares, brothers-in-law of the deceased ; thn t he struck the 'leel'ased on the neck with a piece of guu.11aba wood, used for an axe handle, which was about as thick a.s a man's arm and while the deceased was sound asleep in his house; that the ~:lijares brothers, having met the witness in the house of Laureano to which he had been invited by Pedro, after giving him several drinks of wine, proposed to him that he kill Pastor; that although he refused to accede to this proposition 11t first, he eonsented after they offered him n. 1·ewai·<l of 100 pesos; that they then encouraged him, telling him not to be afraid be· cause one of them was a membe1· of the town council and that it would be easy to attribute the death to the cholera, which was then epidemic in the town; that after he was drunk, Laureano gave him a rope with which to tie the victim in ease of resistance, and a. box of mlttches with which to mn.ke a. light for the purpose of finding the place whe1'e Pastor was lying; that accordingly, at midnight, he went to Pastor's house and having found the place where he was lying, struck him a blow on the neck with the club he wn.s carrying; that l'astor cried out for help, whereupon the witness immediately tied the cord he was canying to one of the hands of the deceased a.nd then wrapped it several times a.round his neck a.nd strangled him; tha.t by this means he killed Pastor and while eommitting the crime ca.lied for La.urencio Serna.I and Julio Occia, who came to bis assistance, holding the deceased by the feet and hands; that after Pastor ·was dead he reported tl}.e fact to Laureano 11nd Pedro Mijares and the latter provided the bamboo with which the body was crated and prepared for burial; that they then called for Basilio Situado and Eugenio Berdaga, who, together with the witness and the sn.id Occie. and Sernal, carried the body out to the cemetery and buried it. The defendant Pedro Git has been unquestionably the material executor, the conscious instrnment of the crime planned by the Mijares brothers, he having committed it in consideration of the sum of 100 pesos which they promised to pay him, belie'\"ing that because of the prel·alence of the cholera he eould commit the crime with impunity by attributing to that disease the sudden death, disappearance, and burial of his victim. The guilt of the defendant Git is unquestionable, and is fully proven not only by his own eonfession but a.lso by the testimony of bis codefendants and that of several witnesses who heard his statements before he testified in court. The contention that he acted in proper obedience to orders is untenable, because the order which he received was plainly and manifestly unlawful. The guilt of the Mijares brothers will be determined in a separate ease which is being prosecuted against them. :No mitigating circumstances can be considered to have been present in the perpetration of the crime. The mitigating circumstance of drunkenness can not be conside1·ed, both because it cloes not appear that the \'ice of drunkenness was not habitual to the defendant, and also because it appears from the evidence that a considersble quantity of wine wns given to Git purposely, which he ,·oluntarily accepted before deciding to commit the crime. Against the defendant we must consider aggra\•ating circumstances Nos. 3, 7, 15, and 20 of article 10 of the Penal Code; the crime having been committed in consideration of the promised rellluneration of 100 pesos, with e\•ident premeditation~ and in the dn.rk· ness nnd silence of the night and in the dwelling of the deceased. Consequently the judgment of the court below is supported by the evidence and is in n~eordancc with the law, and, therefore, for the reasons stated, we arc of the opinion that the judgment must be affirmed with respect to Pedro Git, with one-fifth pa1t of the eoRts, the death penalty to be executed in aceordance with the provisions of Act No. 451 of the Civil Commission, enacted September 2, 1902. Judgment will be entered accordingly und the ease remnn<led to the trial court with a certified copy of this declllion for execution. It is so ordered. Arellano, C. J., Cooper, Willa.rd, Mapa, :McDonough, and John· son, ,JJ., concur. Judgment affirmed. OFFICIAL GAZETTE 431 [No.1550. March 24, 19CM..] 'l'HE UN17'BD S'1'1lTEM, complainatit and appellee, m. JULIO POLOSAX, defenda11t and appellant. CRDllNAL LAW; BlllGANDAQE; E\'IDENCE.-Proof that the defendant had been selling lllps of paper with the words quUn vive written thereon, and t11at the money ao obtained was given to the pulahane1 will not support n conviction 'of the crime of brlgandqc. APPEAL from n judgment of the Court of First Instance of Cebu. The facts are stuted in the opinion of the court. LEocAPIO JOAQU'IN, for appellant. Solicitor-General ARANETA, for appellee. JoJINSON, J.: The defondant w11s charged with the crime of brignndage. He was tried in the Court of First Instance of the Province of Cebu, was com·icted and sentenced to be imprisoned for a te1·m of twenty years and to pay a one-fifth pnrt of the costs. Four others, Mariano Naval, Mamerto Ornopia, .Julian Ornopia, and Victoriano Labitaila, were arrested and tried at the same time upon the same complaint. These latter were acquitted at the trial. Julio Polosan appealed from the sentence imposed upon him. The proof taken in the trial shows that the defendant had, perhaps, been selling small slips of paper upon which was written the phrase "quien \'i\'e," and that the money received from such sales was gi\'en to the ''Pulahanes" that then existed in said Province of Cebu. There was no proof that the defendant had robbed, conspired with others to rob, or had given aid and com· fort to a ba.nd of bandits or brigands. Without such proof one can not be convicted of brigandage. The sentence of the lower court is the1·efore revoked, and the accused is hereby ordered discharged, without prejudice to the right of the fiscal, if he believes the proof to be sufficient, to file a. new complaint for the crime of illegal exactions. Arellano, C. J., Torres, Cooper, Willard, l\Iapa, and McDonough, JJ., concur. Judgment rC1lersed. U~UTED 8T.J7'E8 JOHNSO~, J.: (No.1570. March26,191M.J .1J..INUEJ, MORTIL ~tND ,l/A.XIMO MANA. These defendants were charged with the crime of bandoleri.9mo with wounds. But one witness was examined in the court below. The defendants offered no proof in defense of the charges. The testimony offered on behalf of the prosecution was \"ery con· fl.icting. The law makes no provisions for the punishment of "bandokr· ismo with wounds." Jn•,·iew of the vol'ious conllicts in the proof offered below, we are of the opinion that the defendants should be discharged under the complaint filed, and that the cause be remanded to the <.'Ourt below, with instructions to the provincial fiscal to prepare and pre!'lent a complaint against the defendants for the crime of robbery or wounds, or both, if hr is of the opinion that the existing facts are sufficient to justify a con\'iction. And it is so 01·dered. Arellano, C. J., and Torres, Cooper, Willard, Mapa, and McDonough, concur. [No.1395. '.\lllrch28, 1904.J JU.L'Lt BJl .. tG .. t, vlaintiff a11d ap11etle<', vs. Jost: u11 .. 1 .. 0R~1, dC'f(•11danl a11d (17J1Jdla11t. 1. Pl.IUDING A:l"D PRACTICE; Fl:l"DINGS; Rr.\.EllSIRJ,E E1mo11.-Upon deciding ll cue lnvoh·ing the tem1lnotlon of islme.s of fact, It i11 the duty or the trial court to make written findings (a) or the material facts admitted b)" the pleadinp and (b) or the material facts presented in the issue and sus· tained by the evidence, and a rollore to so do is reversible error. 2. Io; ID; CoNCl.lJSJON OF L.t.w.-The statement in o pleading that the plaintiff, according to the evidence, 111 the owner of the property in litigation, Is not a finding of foct but the statement of a conclusion drawn from facts. Per COOPEU, J., dissenting: 3. ID; ID.-The failure to make findings should not be reviewed by the appellate court in the absence of a motion for llndinp and an exception to the refusal ol the court to make such llndinp. 4. ID.; ID; CONCLUSION I" LAw.-The statement in .. decision that the plain ti If, according to the e\•ldence, ls the own"er of the property in litigation is not a conclwilon of law but of the ultimate fact In the case on the Issue of owner= lb.Ip. APPEAL from a judgment of the Court of 1''irst Instance of Zambales. · The facts are stated in the opinion of the court. CHICOTE & DE LA. SlEBRA, for appellanL v. MIRANDA, fo1· a.ppellee. JOHNSON, J.: This action was originally brought in the court of the justice of the peace of tbe pueblo of lnfanta, in the Province of Zam· bales, by the plaintiff against the defendant, to annul a. certain contract alleged to be a. contract of mortgage, with the right to repurchase, The judgment was rendered in said court in fa\•or of the defendant, and the plaintiff appealed to the Court of First Instance of the said province. The cause was tried in the Court of First Instance on the 15th day of April, 1903, and on the same day the judge of said court rendered the following judgment: "The evidence of both parties and ttie arguments of the respect· ive parties haviug been heard, I must and do decide: "That the plaintiff has the 1·ight to reco\·er one undivided seventh part of the lands described in said complaint, she being, according to the evidence, the owner of the said seventh parL The brothers of the plaintiff may institute a suit if they wish to recover the parts which they consider pertaining to them. 'l'he defendant must pay the costs of this proceeding. "ARTHUR F. 0DLIN, Judge." On the 28th day of April following, the defendant excepted to the judgment of the court in the language following: "The defendant being notified of the preceding judgment, pre· sented to the Court of the Province of Zambnles an exception against said judgment, and at the ·same time announced his intention of presenting and ele\'ating to the Supreme CoUl't a bill of exceptions in the ordinary manner, as is done in the present instance, and asks that a. copy of the same be approved and certified to the Honorable Supreme Court of the Philippines." No motion for a new trial was made in the court below, nor was any exception taken other than that against the judgment. Hy virtue of the provisions of ~ction 407 of the Code of Pro· C"edure in Civil Actions, this court, therefore, can only examine the pleadings filed in the case and the judgment rendered by the rourt below for the purpose of ascertaining whether or not an e1Tor of law has lx!en committed. Under such conditions this <.'Ourt has no authority to examine the e\·idt>nce adduced in the case for the purpose of deciding upon questions of fact. \\'hen an exception to the judgment of the court below only is mnde, this court is limited in its consideration of the case, first to the facts admitted in the pleadings, and, second. the facts found in the decision of the courL The plaintiff alleged in her first complaint that her brother had mortgaged certain property to the defendant in the sum of 200 pesos; that said mortgage was illegal beeause the said land belonge'l to her fother and mother; that her father and molht>t' had died, and that the property belonged to her and her brothers and sisters; tho.t the defendant was in possession of the land and refmR•ll lo delh·er possession to the said plaintiff. 432 OFFICIAL GAZETTE The nnswe1· filed by the defendant alleges that he had been in possession of the said lands for twenty-two yen rs; that he purchased the land from the brother of the plaintiff instend of securing possession of the same under a mortgage, tlult the father and mother of the plaintiff never possessed the said land, but that the brother of the 11aid plaintiff purchased the land of certain person:s whose names are gh•en in the said answer; that the document executed and delh·e1·ed by the brother of the plaintiff to the said defendant was a J>ublic deed executed by the said brother to the defendant to the said lands; that the phtintift' hnd 1011-t the said document during the insurrection of 1808; that the said defendant in the year 1802, in l.'Onfonnity with the "1·oyal decree" of the 31st of August, 1888, had solicited a com· position of the title to said land of the Spanish Gover1mll'nt then existing in the Philippine Islands in accordance with the pro· visions of said decree; that the Go\•ernment had granted to the said defendant an absolute fee or title to the said land. A eopy of this grant by the Go\'crnment to the defendant wu made a part of the said answer. To this answer the plaintiff replied, rt>affirming the allegation that the land belonged to her fat11er, and stating, fm·thcr, that he had been in possession of the land from 1855 to 1884; that her said brother was the administrator of the said Jund, a.nd as such administrator had mortgaged the same to the ~mid defendant; that her b1·other had not sold the land to the :iiaid defendant; that the composition that the defendant had made with the Spanish Go\'· ernment in the year 1892, by which he had rct•ei\'ed title to the land in conformity with the "real del'ree" of the 31st of August, 1888, did not give to the said dcfend1mt title to the said land, fo1· the reason that he had not comp1ied with all of the requisites of the law required in such cases. It will be Seen from the plea.dings that the plaintiff based her right to the land upon the fact (a) that the land belonged to her father at the time of his death, and (b) that the alleged mortgage by her brother did not deprive her of that right. The answer of the defendant denied (a) that the land ever belonged to her father; ( b) that he did not secure possession by virtue of a mortgage from her brother, but (c) by a deed of con· veyance; and set up the further fact that after the lapse of several years he had obtained, upon application, title to the land from the Spanish Government then existing in the Philippine Islands. The only new fa.ct contained in the reply of the plaintiff upon which an issue had not been raised by the petition and answer was the fact that the title which the defendant had ob· tained from the Government was. not perfect, because the require· ments of the law had not been complied with. The judge in his sentence below makes no finding of facts upon any one of the issues presented by the pleadings in this case, and inasmuch as this court has no authority to examine the evidence adduced in the said cause, it has no means of asce1·taining, the1·e· fore, whether or not there was any evidence adduced upon these issues, and can not the1·efore ascertain which of the parties is entitled. t:.o relief. It was the practice under the Spanish Government, prior to the American occupation in these Islands. for the Courts of Fint Instance t.o make a complete aml full finding of facts upon which they reached their conclusions. This practiee, in our judgment, was wise. The United States Civil Commission, in enaeting the new Code of Procedure in Civil Actions, evidently had the former practice in mind and therefore adopted the same practice. Section 133 of the Code of Procedure in Civil Adions prO\•ides: "Upon the trial of a. question of fact, the decision of the rourt must be given in writing and filed wit.It the clerk; but the state· ment of facts must contain only thoSe facts whieh arc rssential to a clear understanding of the issues prest>nted and of the fncts involved." The provisions of this sec..-tio11 would seem to indicate that the judge must make a finding of facts in his decision. If, however, there is any doubt about this being the correct conclusion from the prO\•isions of this section, by taking its pmvisions in connec· tion with the provisions of section 134 of the same Code, the1-e ce1·tninly can be no doubt a.bout its correctness. Section I:J4 of the same Code provides that the parties them· seh·es may agree upon the fa.c1:s involved in the litigation and .submit the same to the court wit11out the introduction of testi· mony and concludes with the statement that "when an agreed statement of facts is entered into by the parties, no other finding of facts need be made by the court." Reading these two sections together it is clear that the law requires that the trial court shall make a finding of facts or fact in its decision in every case where a question of fact is preseiited. The trial court, in its decision, should first make a finding of the material faL1:s admitted by the pleadings, and second, of the material fat1s p1·esented in the issue and sustained by the evidence. 'fhis rule, if enforced, will greatly simplify the work of t11e appellate <'Ourt in rt?\'il"wing <·ases brought before it. In this way the appellate court will have notice of what witnesses were be· lieved by the trial <:ourt and what were not. Under a. motion for a. new trial made in the tl"ial court, the appellate court is obliged to examine all of the p1·oof given below. The statements of wit· nesses when reduced to writing, unless the witnesses have been subjcetcd to a se\·erc cross-examination, stand upon equal footing, und nppa1·ently are entitled to the same considel'Btion befote the appellate court. The trial court sees the witnesses, has an oppor· tunity to hear them and observe their demeanor, and is thereby able better to determine which a.1·e truthful and which are not. If the trial court makt>s no finding of facts, the appellate com·t will at times be unable to determine what witnesses should be bt>lievetl and what witnesses should not be believed in eases of contradictory testimony. If thl" foregoing rule is enforced with reference to the necessity of making a finding of facts in the decision, it will a.Jso be of great aiosistnnce to tlw litigants. They µtay thus be enabled, instead of printing many pages of proof, to .tak.e their case to the appellate court simply upon the pleadings and judgment of the court below and thus save much expense and delay. If the facts stated in the decision, taken in connection with the facts admitted in the pleadings, nre not sufficient as a matter of law to support the judgment, it will be reversed if an exception is properly made thereto. It may be a1·gued that the statement found in the judgment of the court below that "the plaintiff has the right to recover one undivided seventh part of the land described in the snid com· plaint, she being, according to the e\•idence, the owner of the said 11e\'t>nth part," is a. finding of fact, and therefore is a. compliance with the law. This statement is not a finding of fact but a mere statement of a conclusion from facts. The ultimate faets from which this conclusion was drawn by the court below should have been stated in the judgment, in order that the appellate court may know whether this conclusion is justifiab1c. There is a wide distinction between facts and a conclusion from facts. It is difficult, at times, to distinguish a conclusion of fact, from a conclusion of lnw. At times, the conclusion of fact may be also a conclusion of law-for example, to say that a right once belong· ing to A is a no\\" the property of B, is a conclusion of law as well ns a conclusion of fact. (Adams vs. Holley, 12 Howard's P1·nc· tice, 326.) To charge thnt A is guilty of frn ud is to charge a conclusion of law as well ns to state a conclusion •of facts. The 11tatemcnt in th<> decision of the court in this case "that the plain· tiff has the right to rreover one undivided seventh part of the lnnds d('11cribed in 11aid complllint, she IX"ing, according to the C'\·idl!nce, the owner of the said sev<>nth part," is nlso a conclusion of fact ns well as 11 conclusion of hlw. No court is justified in reaching that conclusion without having certain ultimate facts OFFICIAL GAZETTE 433 presented to it. No court would be justified in finding that A wns Jrnilty of fraud in the nbsencc of hearing proof upon certain ultimate fnct::;. There may be much evidence inb-oduced for the pur· pose of C'stublishing certain ultimate facts, which ultimate facts, taken together, justify a conclusion-for example, tlmt A is gui1ty of fraud. Th..rc is much conOict among the authorities with reference to wh<'thl'r or not certain stateml'nts are conclusions of law or con· clusions of fact. A statement of fact in a. pleading may be a l'Onclusion of fnct or lnw if found in n. judgment or decision. For t>xample, if A alleges in his pleading that he is the owner of certain per11oni1l property and therefore entitled to the possession of Uw 11ame, it is a statement of a fact, wlu:reas, if the same statements were found in the judgment of the coui·t it might be r<"garded as a conclusion of fnet. So also of duress; to allege in the complaint that the plaintiff was compelled to pay a sum of money, i~ a co11clm1ion of law (Cormnercial Bank vs. City of Hochester, 41 Barber, 341; 41 N. Y., 619), while to say thai. he was threatcnt>d by tht> defendant with death or with great bodily injury and in fear of same, paid u sum of money, etc., or that he was illegally impdsoned and to procure a release, paid, etc., would doubtl<'Ss be held to be n. statement of facts. It is not possible to formulate a. definition or a statement that will always enable us to distinguish what is meant by a conclusion of law in contradis· Unction from a conclusion of fact; )'et, in inspecting pleadings or judgments, it will seldom ever be difficult to make the distinction. By the foregoing rule that the courts below must make a finding of fact is not meant that they must recite all of the t>vidence given in the case, but simply the essential ultimate facts which arc supported by the evidence from which the conclusion of faeb may be drawn. ThPrrfor<> inasmuch as the trial court has failed to make a find· ing of the ultimate facts upon which he drew his conclusions in this case, and inmnnueh us the facts ndmittecl by the pleadings are contrar.v to tht> said conclusions, this cause if'I hereby remanded lo thf! Court of First Instance of the Province of Zambales, and a llf'\\. trial is hereby ordered. For the conclusions in this cast>, reliance is had upon the fol· lowing cases heretofore decided by this court: Martinez vs. Martinez, 1 Official Gazette, 268; Regalado vs. Luchsinger & Co., 1 Official Gazette. 513. Arcllnno, C. J., 1'orrcs, Willard, Mapa, ancl McDonough, J.J., COOPER. J., dissenting: Section 133 of tht:i Code of Civil Procedure provides that: "Upon the trial of a question of fact, the decision of the court must be in writing and filed with the clerk, but the statement must contain only those faet.s which are essential to a clear understaniling of the issues presented and of the fa.ets involved." The wording of the statute is peculiar. It does not in express tern1s require the trial court to make a. finding of facts. The main purpose of the section seems to be to require the decisions to he in writing and there is a.n inhibitfon contained in the provision against the decision containing irrelevant matter. It may he inferentially concluded that the court is required to make a finding. · Rut admitting that a party has a right to require the trial court to make a finding of fact, the request should be made by the party desiring such finding; or, if a general finding is made by the court, as was done in this case, a.nd the parties desire a. more specific finding, a request should be made therefor. In either case an c>xception should be taken to the refusal of the court either to make a finding of faets or to make a more specific finding. There was no such request ma.de in the lower court, nor was 18314-5 there any exception t.aken to the judgment of the court for the f~ilure of the court to make such finding. In fa.ct no such objec· tion has been made even in this court by an ll88ignment of error brief, or otherwise. Therefore the question does not a.rise wheth~ the trial court baa complied with the requirements of section 133. The judgment of the Court of First Inst.a.nee was as follows: "The proof adduced by both parties having been heard and the arguments of the respective counsel, I ought to adjudge and do adjudge that the plainti.fJ has the right to recover an undivided one-seventh part of the lands described in the complaint, she being, according to said proofs, the owner of such seventh part. The brothers of the plaintiff will be able to institute a. suit if they wish to recover the part which belongs to them. The defendant is adjudged to pay the costs of the suit." The question a.nd only question at issue in the ease was as to the ownership of the land in dispute and the court baa found that the plaintiff is the "owner according to said proofs of the seventh part." This was a direct finding of the only issue in the case, that is, the issue of ownership. Such a finding is not a conclusion of la.w but is the finding of the ultimate fact in the case. The supreme court of Minnesota. has passed upon the precise question in the case of Common N. Gra.ce, 36 Minn., 276. The finding of the lower court in tha.t case was that: "John Grace was, at the time of his death, the owner in fee simple of the real estate." The appellant ma.de a. request in the court below for additional findings. Upon the refusal of the lower court to make such a.dditiona.I findings, it was assigned as error on a.ppeal. Mitchell, J., says: "The facts required to be found a.re the ultimate facts forming the issues presented by the pleadings a.nd which constitute the foundation of a. judgment and not those which are simply evidentiary of them. The court is not required to find merely evidentia.ry facts or to set forth and explain the means or processes by which it arrived at such findings. Neither evidence, argument, nor comment has a.ny legitimate place in the :8.ndings of facts. The test of the suffieieilcy of the findings of fact by a court, we apprehend, is, would they answer if presented by a jury in the form of a. specinl verdict, which is required to present the con· clusions of faet as established by the evidence, and not the evidence to prove them, and to present those conclusions of fact so tha.t nothing remains to the court but to draw from them conclusions of law. In the case at bar the finding of faet that John Grace was a.t the time of his death the owner in fee simple of the real estate in question was the ultimate fa.et upon which the decision of the case depended. It covered the only issue in the case and was a sufficient founda.tion for a judgment in favor of defenda.nts. It could only be arrived at upon the hypothesis tha.t the deeds in dispute were duly executed, and the finding necessarily implied and included this." In the case of Daly vs. Socorro, 80 Cal., 367, it is said: "The appellant further contends that the cause should be reversed because the court failed to find upon certain other issues presented. His right to maintain the a.et.ion was based wholly on his ownership a.nd right of possession, and th~e being found against him, it is imma.terial to him whether the court found as to other fa.eta or not, as the judgment must have been against him whatever the other finding might have ,been." These cases seem to be conclusive upon the question a.nd if they, as well u the authorities generally in the United States, a.re to be followed upon this question, the findings contained in the judgment wf!re sufficient to support it, and the judgment of the Court of First Instance should be affirmed. New trial ordered. 434 OFFICIAL GAZETTE [No.165;). Mnrch29, 1904.) 1'Hf,' USl'l'BD S'l'.l'l'RB. co111/Jlaim111f <111(/ appellec, rs. T~BO-X DE /,.-l TORRE, dcfe11d(111t and ap7,clfo11/. I. CRllll!~.U. LAW: PAJIRIClllE; AGGRAVATING CIRClJllSTANCE1'; EVIDENT PRE• MEDITATIO~.-Where the proof docs not disclose n fixed dcterminntlon on the part of the nccused to kill the dcccnsed it is error to apply the eircumstance of evident premeditation in aggravation of the penalty. :l. In.; Jri.: Ju.: SEx.-H is error to npply the circumstance of sex in aggr11vation of the crime of parricide committed by the nccuscd by killing his wife. • .\PPEAL from u, judgment of the ('ourt of Fir.;t Instance of Bohol. The fa<•l>i arc >itatcd in the opinion of the court. CLARO lb:n:s, for appellant. Solicitor-General ARA:"ETA, for nppellcC'. \\°II.LARD,,/.: The defendant in this t•11s1• admitlf'd his guilt, nnd the only question is us to thC' penalty. The l'Otll't be-low took into consideration the uggran1ting cir<•umstnm:es munbel'ed seven, nine, and twenty, nnd sentenC'ecl the defendant to death. the higher of the two indh·isable penaltie,.,,-life imprisonment and denth-ussigned to the erime of pnnil'i<le by the Penni Code. We do hot think thnt then• was suflil'ient evid<'m:e to prove the se\·enth dreumstanC'e-known premeditation. If the defendant went to the house whei·e his wife was for the purpose of killing her. it is not apparent why the~· traveled for an hour after leaving the house beforC" Ju• nttaC'kC'd her. Moreover, as suggested by th<' defendant's counsel in his brief, the <lC'fendunt would not have stl'UC'k one blow only nm! huYe gone a.way, lea\•ing his wife still alive. not kilO\dng whether the- blow wus morta.l or not. if he hu<l entertained the fixed dt>terminntion of putting nn end to her existence. She <lid not, in fact. die until the next day. The i1ecount given by the defendant in the Court of First InstancC" is probabl~· the truth. He says that his wife did not wish to go to the mountains, and quaneled with him all the way, until, in a fit of rag<', he drew his bolo am\ strm·k hC'I' in the abdomen. Th<' drcumstance of sex (Xo. 20) is included in the crime itself in this particular ea:-e. Th(' only thing \\hitl1 mak<''" thi;; offense parricide is the fact that the deceased was a woman. To allow it a!i un nggrnntting cire\llll!ib.tncC' would be to give it double <'lfeet. The same is truC' of the nbuse of sup<'riorily (N°o. 0). Thnt existed, if nt all, by reason of th<' salll<' faet. dr. .• thnt one pel'son was a woman and the otlwr a man. Neitl\C'r of these cireum~tanees sho11\d be taken into aceount. It is not necessa1·v to l'Onside1· whetlll'l' tlw Sl'Vl'nth uttR111111ti11g dn·umstance exisWc°i or not. There were. in any event, no others. and in this erime one attem111tini.:- drenmstnnce can not nffect the penalty when there are no aggrnrnting circumstances. The judgment is re\·C'rsNI. and the defendant is sentenced to life imprisonment, with the aecPssories and the eosL-;. Arellano, C'. J., Torres. Cooper. ·Mapa, and I\foDonough, ,JJ., .JoJINSON", .J., dissenting: It is my opinion that th<' judgment appealed from should he affirmed. ,/11d9mr11t rr1Jf'1W('d. [Xo. 1413. MarchS0.1904.) .1..VDRBB VA.LBX'.l'O.\' ET AL., plaintiffs and appellant.<t, vs. J/.tSUEL JJGRC/A.\'O. defendant and appellee. 1. REAL PROPERTY; Pt·nuc LANDS; STATl1TE OF LDllTATIONs.-The title of the Spanish Government to 11Henable public lands in the Philippine IslandR could not be divested by adverse occupancy alone, no matter O\'er how long a period it might have extended. 2. ID.; ID.: ID.-Thc Spnnish Government, while recognizing tbe right of an occupant of o.liennblc public lo.nds to a deed upon proof of possession for a sufficient length of time, always required the occupant to make tho.t proof to the proper officers and obtain from them a deed, and until compliance with which requisite title to the land so occupied remained \·csted absolutely in the State. 3. ID.: ID.; SAJ,£.-'fhe sale by the Spanish Government of public alienable lands in the Philippine Islands was nut limited to mcnnt lands, but included public lands occupied without title. ·I. ID.: In.; lo.; ADVEllSE CLADIS.-Upon the presentation of 1111 application for the purchase from the Spanish Government of public lands in the Philippine Islands it was the duty of the officer receiving it to give notice thereof by publieation, and anyone might oppose the application; but the decision of the proper executh·e officers upon the subject was conclusive and a deed executed by them vested title in the purchaser 11bsolutely, leaving persons aggrieved thereby to their remed~· by suit for damages ugninst the Slate, after exhausting the administrative remedic~ . .... PJ,l!:ADISG um PRACTICE; RECF.l\'ERSHIP.-111 an action of ejectment it is not error to vacate "an order appointing a re<•eiver" of the crops when neither party has asked any relief with respect to the same: such crops are not the subject of the litigation. 6. Io.; Iu.-A bore unswom stotcment in jl motion that the 11dver.;e p11rty is insolvent is not imllicicnt to wurrant a court in appointing a receiver for property in pos.wssion of such adverse party. . .\.Pl'EA L from a judgm<'nt of the ('omt of First Instance of Manila. Th<' facts are stated in th<' opinion of thC' eomt. :\Io:'i"TAG:'i"E & Dorn1Hll'•;r., for appellants. DEL PA:-;, OnTIGMJ & F1s11En, for app1•llN'. WTLLARll, ,/.: I. Tlw tindings of fal't madC' h.'· the court below in its decision an• as follows: .. First. Thnt in thl' year HWO, the plaintiffs and each one of them <'Utered into the peaec>ful and quiet occupation and possession of th{' larger part of tlw lands descrilll'd in the complaint of the plaintiffs. to wit: I description]. "81·eon(l. That on the date on which tlw plaintiffs ent<'l'cd into the occupation and possession of the said lands as nbove set forth, these lnnds and evC'ry part th<"reof were public. nntilled, and unoccupied, and belongrd to the then existing Go\·ernml'nt of the Philippine Islands. That immediately after the occupation and possesion of thr !laid lands h.'· the plnintilt's, the plaintiffs began to cultivab• and improve th<'m in a q11i1•t and peaceful manner. "Third. That from the said .''ear 1860, the plnintiffs continued to orcup~· and possess th<' said lands, quietly and l1f'llCC'ft11ly, until the year 1892, b.r themselves, by their agents and tC'nants, claiming that the.'· m•J'<' the exchtsi\'e O\l'IWl"s of said lands. "Fourth. That on or about ihe Hith da,v of .January, l8!l~, :\Ianuel Mnreiano, (lt•fC'ndant in this proceeding. acting on behalf of. and as attor1wr in fact of Candido Capulong, by occupation a cook, deno1111cl.'d tlw said lamls to the tlien existing Government of the Philippine Islands, declaring that th<' said lands and every part thereof W<'re public, untill<'d, and unoccupied lands belonging to the then existing Government of the Philippine Islands, and petitioned for the converance of th<! same to him. "Fifth. That bdore the eX<"CUtion of the sale heretofore men· tioned, various proceeding!> were Imel for the survey and measur<'· ment of the lands in question nt th<' instance of the defendant, :\Iurciano, the latter acting as agent and attorne.y in fact of said Candido Capulong. a written protest, howe\'er. having been <>ntered against thf'Sf' proceedings by the plaintiff Andres Valenton. "Sixth. That on the 14th dny of July, l8!l2, Don Enrique Cns· tellvi ~ lbaroola, secretary of the trens1tr.'' of the Province of Tarlac, in his official capacity, as such spcrrbiry. <'Xecuted a contract of purchase and sail', b}' which said lands werC' sold and conveyed by him to the defendant, Mnnuf'I Uureiano, as attornPy for the said Candido Capulong. "8eventh. That on the 10th day of ,Jul.\', 1892, said Candido (Japulong executed a contract of purchase and sale by which he sold and eonveyC'd the said lands to the defendant, Manuel :\Iurciano. OF'FICIAL GAZETTE 435 ··J~ighlh. That from the l'!llid 14th dar of July, 1802, :Manu<>I ).lurt'iimo hus 11t no time OCt'llJ>i<'d or prn11w11sed nil of the hmd ml'nlimwd, hut lm11 1>0.:i>iC'ss<'d onl~· et•rtnin indistinct nnd inde6nitt> portion11 of thr irnm<". That during nil thh~ time the phliniiff11 luwr oppost>d lhf' Ol'l'tlJmtion of till' clefC>ndant, and said plaintiffs during all thr timr in qu(':ollion h1n·t> lwt>n nnd arc in the pos!lf'Rsion and ocenpntion of part of tilt' s11id lnnds, tilling them 1md impro,·ing them by Uwmselvt"11 nnd by their agents nnd tenants. "~inth. Thal nt>ver, prior lo th<~ snid 14th day of July, 18112, lms thr dl'fendnnt, Mam1PI ).Iurcinno. hN"n in the penceful nnd quiet positrssion nnd ocrupation of the said lancloi. or in the pence· fnl and qui<•l occupation of an~· p1trt thrroof." l1pon thr11e fact!I the Court of 1''ir!lt lnstamC<> ordrred judgment for thP defendant on thr ground that tht> plaintiffs had 1011t nil right to the lond b>' not pmiming tlwir objection11 to tlw 1111.le nmntiont>tl in the 11ixth finding. The phi.intilf11 l'XCl'ptl>d to the judgment and clilim in thi11 court tlmt npon the facU! found by the court below judgmrnt !lhould hnvl" been entered in tl1l'ir favol'. Their contention i11 that in 1890 they had bt?en in the ad\'t>rsc possssion of the propert~· for ti1irt>· >·ear11; thnt. applying tht> rxtraordinar>· pl'riocl of pm~cl'iption of thirt>• yeurs, found ll:-1 wl'll in th~ Partida.; aN in the Civil Code, the}· tlwn becume the abso· lute owner11 of the land ns against t>\'l'l·yom., including tht> Stute, and that when the Htnte in l8!l2 dreded Uw property to the de· fendant. nothing pn1111t><l b~· thl" dl'Nl bl'ellUSl" the Htnte had nothing to com·ey. The cnM! pre.sl'nts. thcrefo1·c, tht> im1iorta11t que11tion whether or not during the yC1\r11 from 1860 to 1890 n private pen;on, situated a11 thr plrdntiffs wl'rl', could ha\'C obtained as ngainst tht> State the owner11hip of the public land11 of the Stnte by menns of occn· pation. Thl" court tind11 that at the time of the t'ntry by the plaintiff in l8GO tlw land;; wt>rl" rncant and wc1·l" public lanWi hr· longing to tlw •thf'n l'Xil'lting Go\·rrmnPnt. The plaintilf11 do not elnim to han• l'\·rr obt11inl'd from the Go\'t'rnnwnt 1rny d('(>d for the lands. nor 1111>· c·onfirmntion of their pos:olC'ssion. \\"hethrr in tht• ab111•11l'<' of any 11pecial legislation on tht" 1111hjl•et a J,_•1'11eral statute of limitations in which tht> stat<- was not t>xp1·t>ssly t>xeeptt>d would run against the 11tate as to its public lands wr do not find it nece!lsnry to decide. Reason>o1 based upon public poliC'y could be uddured why it should not. at least a>o1 to 1mch public land,.; as 11l't' inrnh-ed in this en&•. (Ree Act No. 926, sl'c. 67.) \\'e arc, howevt>r, of the opinion that the t'ase at bar mu!'lt he decided, not by the general 11tatutt~ of limitation contained in tlw Purtidas, but by those 11peei11l l11w11 which from the earliest times ha\'e rep:ullltl'd tlw disposition of the public land11 in the t'olonies. Did tht'sr !'!pedal luw!'I rt>cognil'.e any right of p1-e11cription ngnin!lt the stall' as to tl1l'se land>i, nnd if so to what l'Xi<'nt wa11 it recohTUi:i:l>d? Laws of a wry Mrly date prm•idcd for the ni;ssign· mrnt of publie lands lo the 1111bjecb1 of lhr Crown. l.aw l, title 12, book 4 of the Rcc-opifuci{m (/c J.c.ves th· fas lndirls i11 im t'Xnmplr of them, and is as followff: ••Jn ortlrr that our 1111bjects may be enconrab"Cd to undrrtnke the di>1l'O\"t>ry and 1>rltlenwnt of the lndie11, nnd that. thry mny lh·e with tilt' c-omfo1·t and com·t•nienee whit.'11 w1• dt'sirr, it is our will tlutt thr1·e slmll hl' di!ilributrtl to itll those who shall go out to pcoplt• tht; 1ww territories, housr.i, Jots. lnmls, peonimt1, and ciiballf"· rias in tlw town11 and plaCt>!'I which may be assignt>d to them by the go\'emor of the new st>ltlemt>nt. who, in 11pportioning the l1m1ls, will distinguish lll'twel'n #,"Clltlt>men nnd prasants, and those of lowl"r drgl"t'e and mt•rit, and who will ndd to the )lOS!-!Cssions 1111tl bettc•r tht' eondition of the g1·antl'es, according to the nature of the• !ll'r\"iers 1·c•mll'rt•tl b~· thl"m, nml with ll \'il'W to t]l(' p1·omo· lion of 11gric·ult11rC' nnd stoek rui11ing. To thol'ic who shall hnve luhonid and 1•11tahlishc•d n homt> on 11aid hmtls 1mtl who r.ihnll ha\'c rc•sitlt'tl in tlw said •wttlt'ment fol' u p1•riod of fom· )"<'lll'!'i we grant tlw right llwrrafh•1· to s<>ll anti in C'\"t'ry otht"r mannl'r to exrrcist' tlwil' frP<• will owr saitl lands as o\'t'l' tlwir own prOJ>t>rt>·· Aud WC' further command that in nccordance with their rank and degree the 1-,rovernor, or whoever may be invested with our 11utho1·· ity, shall allot the Indians to them in any di11tl"ibution m11dt', so that thPy mny profit b~· their labor and fine11 in lael'Ordance with thP tributes required and the Jaw controlling such matters. ··And in order thn.t, in allotting said lands, there muy be no doubt as to the area of each grant, we declare that a pconio 11hall consi11t of a trnct tifty feet in breadth by one hundred in length, with arable land capnble of producing one hundred bushels of wheRt or barh~y. ten bushels of maize, as muel1 land for an m·chard ns two yokes of oxen may plough in a day, and for the phmting Df other tree11 of a hardy natul'C as much ns may be plowed with t•ight yokes in a day, and including pasture for twenty cows, five nmres, om• hundred sheep, twenty goats and ten breeding pigs. A cubnlle1·ia 11hall be a tract one hundred feet in breadth and two hundttd in lenJ:,rt.11, and in other respects shall equal tive pconiaa; that is, it will include arnble land capable of producing five hundred bushels of wheat or bnrley and tifty bushels of maize, as much land for an orchard 1111 may be ploughed with ten yokes of oxt'n in 11 day, and for the planting of other hardy t1·ees as much as forty yokes may plough in a day, together with pasturaJ:,""C for one hundred cows, twenty mares, fh'e hundred sheep, one hundred goat11, and fifty breeding pigs. And we m·der that the distribn· tion ht> made in such a manner that all may receive equal benefit themfrom, aml if this be imprncticnble, then that eacl1 shall he gh·en his due." But it was necessary, however, that action should in all cases Ix• taken by the 1>ublic officiah1 before any interest was acquired by the subject. I.aw 8 of Haid title 12 is as follows: ··w., l'ommand that if a petition shall be presented asking the grant of 11 lot or tract of land in a city or town in which one of onr t'Ourt11 may ht> located, the presentation shall be made to the municipnl 1·01111cil. J f the lntter shall npprove the petition, two deputy nmgistrntl's will he nppointed. who will acquaint the vice1·oy or municip1tl president with the council's judgment in the matter. After con11ideration thereof by the vicel"Oy br president and the dt>puty nmgistrntes, all will sign the grant, in the 1u·e11enct' of the clerk of the council, in order that the matter. may be duly recorded in the council book. If the petition shall be for the grant of wate1·s and lands fo1· mechanical purpose11, it shall be presented to the viceroy or inunicipal president, who will transmit it to the council. lf the latt.er shall \'ote to make tht' grant, one of the mngir.itrates will carry its decision to the \"iceroy or president, to the end that, upon consideration of the matter by him, the proper action may be ta.ken." J t happened, in the course of time, that tracts of the public land were found in the posse!tSion of persons who either had no titlr J>UJ>t'r11 therefor itisued h>• the state, or whose title papers were defecti\"l', either because tl1P proper procedure had not been followPd, or becaU!'le they had been issned by person!-! who had no nuthority to do so. Law 14. title> 12, book 4 of said compilntion (rrferred to in the regulations of June 25, 1880, fo1· the Philippines) w1111 the first of it long 11el"ies of legislative acts intended to compel th0>ie in pru;scssion of the public Jand11, without written t>\"idence of titll', or with dt>fective title papers, to prt.>.sent evidence 1n1 to their pos!lt~r.ision or grants, and obtain the confirmation of their claim to ownership. That law is as follows: ''\Ye lun·ing acquired full !!O\"ereigntly over the lndies, and all lands, territories, and posse>1sions not heretofore ceded away by our royal prcdecesson1, or by mi. or in our name, still pertaining to the royal cl'own and patrimony, it is our will that all lands which are held without propt>r and truP tlt>ed11 of grnnt be restored to us 11ceording as they belong to u.;. in 01·dcr th11t after resen·ing before all what to us or to our \•icerO>'ll, 1tudicnl'ias, and gm·ernors nmy !'lerm necessary for public 11qnllrl'1'1. wnys. pastures, and com· mons in those places which art> propled, taking into consideration not only thl"ir pre!'lent condition. but al>10 tlwir future and tl1eir 436 OFlf!CIAL GAZETTE probable increase, and afte1· distributing to the natives what ma.y be necessary f01· tillage and pasturage, confirming thew in what they now Jui.ve and giving them more if necessary, aH the rest of said lands way /1·emai11 free and unencumbered fo1· lhl Lo dispose of u we may wish. ··we the1·efo1·e 01·der and command that all vicernys and presi· dents of prctorial courts designate, at such tiwe as l!ihall to thew seem most expedient, a suitable pe1·iod within which all possessors of t.J:acts, farms, plantations, and estates shall exhibit' t.o them, and to the court officers appointed by them for this purpose, their title deeds thereto. And those who are in possession by virtue of pro}le1· deeds and receipts, or by virtue of just prest--i·iptive right ishall be protected, and all the rest shall be restored to us to be disposed of at our will." · While the State bas a.lwa.ys recognized the right of the occupant to a deed if he proves 11. posi;ession for a sufficient length of time, yet it has a.lwa.ys insisted that be mu.st make that. pl"oof before the proper adminisb"ative ollicers, and obtain from them his deed, and until he did that the State remained the absolute owner. In the preamble of this law there is, 11.s is seen, o. distinct istatement that all those lands belong to the Crown which have not been granted by Philip, or in his name, 01· by the kings who preceded him. This statement excludes the idea that there might be lands not so granted, that did not belong to the king. lt excludes the idea that the King was not still the owner of all ungranted lands, because some private pe1·son had been in' the 11d\•erse occupation of them. By the mandatory part of the 111.w all the occupants of the public lands are requi\-ed to produce before the authorities named, and within a time to be fixed by them, their title papers. And tliose who had good title, or showed prescription were to be protected in their holdings. It is apparent that it was ~ot the intention of the law that mern possession for a lengtl1 of time should make the possessors the owners of the lands possessed by them without any action on the part of the authorities. It is plain that they were required to present their claims to the authorities and obtain a. eon.lirma.tion thereof. What the period of prescription mentioned in this law was does not appear, but later, in 1646, law 19 of the same title declared "tl1at no one shall be 'admitted to adjustment' unless he has possessed 'the lands for ten years." In law 15, title 12, book 4 of the same compilation, there is o. command that those lands as to which there has been no adjustment with the Government be sold at auction to the highest biddPr. That la.w is as follows: "For the greater good of our subjeds, we o.rder and conuna.od that our \0 iceroys and gO\•erning presidents shaH do nothing with respect to lands the claims to which ha,·e been adjusted by their predecessors, tending to disturb the peaceful possession of the owners thereof. As to those who shaH have extended their possessions beyond the limits :fixed in the original grants, they will be admitted to a. moderate adjustment with respect to the excess and new title deeds will be issued them therefor. And all those lands as to which no adjustment has been ma.de shall, without exception, be sold at public auction to tl1e highest bidder, the purchase price therefor to be payable either in cash or in the form of quit.rent, in accordance wiih the laws and royal ordinances of the Kingdoms of Castile. We leave to the viceroys and presidents the mode and form in which what is here ordered shall be carried into effect in order that they may provide for it at the least possible cost; a.nd in order tha.t all unnecessary expense with respect to the collections for said lands may be avoided, we command that the so.me be mo.de by our royal officers in person, withou1. the employment of special collectors, and t.o that end availing themselves of the services of our royal cou1·ts, and, in places where courts shall not have bt>en established, of the Lown mayors. "And whereas, title deeds to land ha\•e been granted by officers not nuthorb.:ed to issut> them, and such titles ha\•e been confirmed by us in council: We command that those holding sucl1 a certifi· ea.te of confirmation may continue to possess the lands to which it refers, and will, within the limits stated in the confirn111tion ccrtificaic, be protected in theil' possession; and with resped, to any enei:oachmcnt beyond such limits will be admitted to the benefit of this law." Another legislative act of the so.me character was the royal cedula of Octobc1· 15, li54 (4 Lcgislaci6n Ultra1naritm, Rodriguez San Pedro, 6i:J). Articles 3, 4, and Ii of this royal ccdula are 11s follows: "3. Upon each principal subdelegate's appointment, which will be mo.de in the manner prescribed in Aiticle 1 of this Cedula., and upon bis. receipt. of these instructions, of which every principal subdelegate already designated or who may hereafter be appointed, 1:1hall be furnished a copy, said subdclegate will in his turn issue a general orde1· to the courts in the provincial capita.ls and principal towns of his district, dil'ccting the publication therein, in the manne1· followed in connection with the promulgation of general orders of viceroys, p1"CSidents, and administrative courts in matters connected with my service, of these instructions, t.o the end that any and all persons who, since the year 1700, and up to the date of the promulgation and publication of sa.id ordel', shall have occupied royal lands, whether or not the same shall be cultivated or tenanted, may, eithe1· in person or through thehattorneys or 1"Cpresentatives, appear and exhibit to said subdelegate1:1 the titles and p1Ltents by virtue of which said lands arn occupied. Said subdelegates will designate as the period within which such documents must be presented a te1·m sufficient in length and propo1·tionate to the distance the interested pa.rty may have to ti·avel for the pm·pose of making the p1-esentation. Said subdelegates will at the same time warn the puties interested that in case of their failure to present their title deeds within the term designated, without a. just and valid reason therefor, they will be deprived of and c\•ieted from their la.nds, and they will be granted to others. "'4. lf it shall appear from the title1:1 or instruments p1-esented, or if it shall be shown in any other legal manner that. said pe1·son!:I are in possession of 1:1uch royal lands by virtue of a so.le 01· adjustment consummated by duly authorized subdelegates prio1· to the said year 1700, although such action may not have been <:onfi.rmed by my royal person, or by a. viceroy or president, they :.;hall in no wise be molested, but shall be left in the full and quiet poSl:lession of the same; nor shall they be required to pay any fee on account of these proceedings, in accordance with Law 15, 'fitle 12, Book 4 of the Recompilacion of thr Indies, above cited. A note sho.11 be made upon said title deeds to the effect that this obliglLtion has been complied with, to the end that the owners of 1:1uch royal lands and theil' succel:l!:lors, may hereafter be free from denunciation, summons, or othe1· disturbance in their possession. ''Where such possessors shall not be able to produce title deeds it shall be sufficient if t11ey shall show that ancient possession, as a valid title by prescl'iption; p1·oyided, however, that if the lands shall not be in a state of cultivation or tillage, the te1·m of three months prescribed by law 11 of the title and book cited, or surh other period as may be deemed adequate, shall be designated as the period within which the lands must be reduced to cultivation, with the warning tho.t in case of their failurn so to do the lands will be granted, with the same obligation to cultivate them; to whoeve1· may denounce them. "5. Likewise neither shall possessors of lands sold or adjusted by the val'ious suhdelcga.tes from the year 1700 to the present time be molested, disturbed or denounced, now or at a.ny other time, with respect to such possession, if such sales or adjustments !'!hall have been confirmed by me, or by the vicc1·oy or the president of the court of the district in which the lands are located, while a.utho1·izcd to exercise this power. In cases where the sules or adjustments shall not ha\'e been so confi.1·med, the possessor will present to the courts of their rcspecth•e districts and to the OFFICIAL GAZETTE 437 othe1· 01Iicial11 he1·el.Jy e1Jl}lOWere<l to 1-eceive the same, a petition nsking for the confirmation of said sales and adjustments. After the p1"0cccdi11gs outlined by the subdelegntes iu their ortle1· with !'esploet to the mcaimrement and valmition of the said lands, and with 1·eference to the tiu'e ii.1sued therefor, shall have been duly <·ompleted, said courts and ollici1tls will make an examination of the same fo1· the purpose of 11scc1·taining whethe1· the s11le or ad· jwstment lms been made without fr11ud 11nd collusion, and for an ndequa.te and equitable price, and a similar examination shall be nu1c12 by the prosecuting attorney of the district, to the end thn.t, in virw of nil the procecdinb'"ll and the purchase or adjustment p1·ice of the huul, and the media a1iata having been duly, etc., paid into the royal trcm1ury, as well a,,; such additiomtl 8Um a,,; may be deemed proper, there will be issued to the pusiscssor, in my royal mtmc, n confirmntion of his title, by virtue of whieh his possession 1111d ownership of Jand1:1 and waters whieh it represents will be full~· legalized, to the end thnt al no time will he or his hefris or assigns be disturbed or molested therein." The woi·ding of this Jaw is much stronger than tlutt of hLw 14. As jg seen by the terms of article 3, any person whatever who occupied any public land w11s required to prHent th<> in,,;lrumcnll:l h>· virtue of which he mts in possession, within 11 timl" to be fixed lff the 1tuthoritit•,,;, amt he w11s w:trncd that if he did not do so l;e would be evicted from his land and it would be granted to otht"l'S. H>· t1•rms of 111·lich• .J tho.-.1• po . ..;:owssors to whom grnnts h1ul hl'<'n nuuh• prim· to 1700, were l'lllith•d to haw such grants eonlirnw1l. and it w1h'.1 :tl:-10 pro\·id1•d tlml not ht>ing nble to prove :m.'· ~Tnnt it should ht' 1mllidenl lo (Jl'O\"l' ••tlmt ancfont posses· 1:1ion," ns a :.;uflicit>nt titl<> b.\' presel'iption, nnd tht>y Rhould be <·onlirmetl in their holdings. ••'1'1111.t ;;.nl"it>nl possef:os.ion" would IM' nt ll':tst lift>•·four yenrs, for it would hi.we to date from prior to JjOO. l~nder articll' 5, where the po.st>ession dated from liOO, no 0 ('oiltirnmtion could be grnntl'tl on pmof of prelicription alone. The length of possession required to be prnved before the Gov· 1•r11111t>nt would j,.,.m• 11 1lt•1•1l lm>i vilried in different colonies and 11l different lime,.. In the Philippinf'SI. as has been se<•n, it was 11l one time Len years, nt another time fifty-four years ut least. In ('uba. by tlu• roynl <'l'dulu of April 24, 1tl33, to obtain 11 dt'ed ont' had to pro\·l', as to unc11itin1tl'd lands, a possession of hun· drl'tl ypars, aml as to culti\'1tted lands 11 possPssion of fifty years. In the snme island. hy the- ro~·al ordt>r of .Jul>· HI, 1819. a posRCS· siou of forty years was sufficient. In the Philippines nt a later date royal order of September 21, li!l7 (4 /,c!1islaci6n Ultl"ama.rina, Rodriguez San Pl'dro, p. 688), directed thl' observance of the said royal eedula of 1754, but apparentl~· witl1out being suhjert to the period of prescription therein assigned. The royal ord<'r of ,July 5, 1862 (Gaccta de Uanila, November 15, 1864), nlso ordered that until regulatiom1 on the subject <~ould be prepared tlw authoritit>r.i of thl' hlands should follow !'ltrietly thl' laws of the Indies, thr 01·denanza of the Intendentes of 1786, anti Liu! Raid royal ceduln of li54. The royal order of N'ovembcr 14, 18i6 ( (J/lia del Oonipradoi· de Tcrrenos, p. 51). directrd the prO\·inl'ial govt>rno1·s to urge thosl' in unlawful possession of puhli<· lands lo Sl'Ck an adjust· m<>nt with the State in aceordnnce with tl1P l'Xisting laws. The rt>~ulations as lo the itdjuslm<>nt (eomIJoHifliOn) of the titles to pnbli<' lnndR remained in this eondition until tlw rPgulations of .J1m1• 25, 1880. ThiR is tlw most important of the modern legislath·e acts upon the matl<>r of "acljusiml'nt" as distinguished from that of the sale of the publie lands. The royal decl't'e appro\•ing thP!«! rt>gulntionR is tlatrd June 2!i. 1880. and is ar.i follows: '·Upon th<> suggestion of thi> oolonin1 minister. made in conformity with thr drcrl'l' of the full ml't'!ting of tilt' eouncil of stat~. I lwrt•hy nppro,·e the attaeht>tl rrgulntionr.i for the adjust· mrnt of ro>·nl lnncls wrongfnll>• oel'npi<'d by privatr imlividualR in thP Philippinr TslandR." Articles 1, 4, 5, 8, and pa.rt of article 6 are as follows: "ABT. J. l~or the purposes of these regulations and in conform· ity with law 14, title 12, book 4 of the Recompilation of Laws of the lndiPS, the following will be 1·rgarded a.8 royal lands: All lands whosl' lawful OWlll'l'Ship iR not v~tl'd in some privall~ pe1·son, ·or, what is the same thing, which hll\"P nevt>r paaif>f!d to pri· vale ownei-ship by virtue of cession by competent 1mthoritil's, made either gratuitously 01· foi- a consideration." "ART. 4. i~or all legal effects those will be considered proprie· tors of the i-oyal lands herein treated, who may prom that tltcy ha"""' J>OssestiP.t:l the lands without interruption during the p«'riod of Len yeurs, b)' virtue of a good title and in good faith." ··AnT. 5. In the same mannt>r, tliose who, without ~melt titlt> deeds may pro\"e that they have possessed thefr said lands without i11te1-ruption for a period of twenty years, if in a sta.te of eultiva· lion, or for a period of thirty years if uneullivated, shall be re· ga.rded as proprietors thereof. 111 or1ler that 11 tract of land may be considered cultivated, it will be necessary to show that it bus been broken within the last three years." "ART. 6. Interested parties not included within the two preeed· ing articles, may legalize their possession and thereby acquire the full ownership of the said lands, by means of adjustment pro· 1·eedings, to be conducted in the following manner: • • • "(5) Those who, entirely without title deeds, may be in pos· session of lands belonging to the State and ha\·e reduced said lands to a state of cultivation, may acquire the ownership thereof by paying into tihe public treasury the value of the lands at the time such posselisors or their representatives began theh- unauthorized enjoyment of the same." "(6) In ease said lands shall never have been ploughed, but are still in a. wild state, or covered with forests, the ownership of the same may be acquired by paying their value a.t the time of the filing of the claim, as sta.ted in the fourth paragraph." "ART. 8. If the interested parties shall not ask an adjustment of the lands whose possession they are unlawfully enjoying within the time of one year, or, the adjustment having been granted by the authorities, they shall fail to fulfill their obligation in con· !'leclion with the compromise, by paying tile p1·oper sum into the treasury, the latter will, by virtue of the authority vested in it, reassert the ownership of the State over the lands, and will, after fixing the value thereof, proceed to sell nt public auction that part of the same which either because it may have been reduced to cultivation or is not located within the forest zone is not deemed advisable to preser\"e ns the Sta.le forest reservations." The other articles of the regulations sta.te the manner in whicl1 applications. should be made fo1· adjustment, and the proceedings thereon. Do these regulations declare that those who a.re included in articles 4 and li are the absolute owners of the land occupied by them without any action on their part, 01· that of the Sta.te, or do they declare that such persons must seek an u.djustment and obtain a deed from the Sta.le, and if they do not do so within the time named in article 8 they lose all interest in the lands? It must be admitted from the wording of the law that the question is not free from doubt. Upon a consideration, however, of the whole matter, that doubt must, we think, be resoh•ed in favor of the State. 'l'he following are some of the reasons which lead us to that conclusion: ( l) It will be noticed that a.rtiCJe 4 does not say that those persons shall be considered as owners w)10 have occupied the lands for ten years, which would have been the language naturally used if an absolute grant had been intended. It says, instead, that those shall be considered owners who may prov~ that they ha.ve been in pOl:lsession ten Years. Was this proof to be made 11.t 11ny time in the future when the question might arise, or wns it to be made in the procCl'dings which thesl' ve1·y regulations provided for that pnrpo!lt'? We think that the latter is the proper construction. 438 OFFICIAL GAZETTE (2) Article I dcchirl'K in plain terms that all those lands as l.o which thr Rtate ha11 nl'wr l'Xl'<'ntrd nny dl'rds art> the properly of th<' 8tntr-tlmt is, that on .Junt• 2;i, 1880-no public lands be1011,.,"l'(>(l to indfridtmb unl1•i-1s lhl'~' l'OUld 1•xhibit a Htntc 1leed therefor. This is l'lllirt>I~· inco11sistcnt with the idrn that the 811111r hlw in iti-i 1u·ticlt> 4 dt•clarPM that the hmd11 in question in this CMP lx>came thl' propPrl~· of the plaintiffs in lSiO, and were not in 1~80 thr 111·01wrty of thl' Klatt>, though the State had Dl"Ver givrn any dped for tlwm. (:J) Tht> roy11l dl'c1·ec. b~· it,.; ll'1111s, r1•Jatps to Iambi 1rl'011gf11lly withlwld by pl'intk persons. Thl' word d1·te11h1dos neL<ess111·ily implies this, This is incousislt•nt with the ide11 that by .·hti<'le 4 thl' plaintiffs. in l8i0. bl'<·1mir Uw al11o1olule owner.- of tll(' fonds in qul":';tion. and werl' not. tlwrl'fol'l'. in 1880. withholding what did not belong to them. (4) In thl' 11refu('{' to this dt•<·rl"l' and l'<'gulntions. tll(' following hmguage h; used: '"HIH: The Ulll'ertain and it ma~· bl' said thl' 1n·l'Cariom1 11t11te of rl'ill property in \"arious p11rls of the Philippine lsland11, as yet !!pnrsely populated; th<' uec.'t"s!!ity fo1· t>D<·om·uging tlu• culti,·ution of these lands; the adn111t1lb'l' of im·1·easing the wealth 1111d products of the arl'hipt>labrn; thl' immensp and immediate profit which must reimlt t.o all d1111st>11 of intere11t11, public as well 11s pri\"ate. from the 11ubslitution of full owner11hip, with all the pri\'ilege11 whicl1 by law accompany this rPal righl, for thl' mere posse11sion of tll(' lands, han• long t•omuieled the ndoplion of the p1·0,·i,dons l'Ontained in the following reguh1.tion11, whi<·h, after consultation with the Philippine eoundl, anti in <·onformity with an order pus.ml Ill 11 full meeting of the com1cil of state, the subscribing ministe1· ha11 thl' honor to submit for the royal uppro\'al. These regulations refer not only to tl'nanb of royal lands in good faith and b~· \"il"tUt" of a rnlid title>, but also "to thosl' who, lacking tht>llt", may, eithl'r by themseh"l'll reducing o1m·h lands to cultirntion. or, by the applit•ation of intelli:,'l'nee and initiath·t>. cuu.-ing thl'ir eulth·ation by othPrll who laek these qualitiei:i, ht• augml'ntinl{ the wc>ullh of lhe arehipelago." This preface is the most aulhoritati\"e <·ommentary on the law, and shows without doubt that tho11t> who lll'ld with <·olor of title and good faith wer<', notwitlu;;tanding. hohling wl'ongfnlly. ;md that true ownership ..ihould be sub11tituled fo1· tll('fr pm111l'1111ion. (5) '!'his doubt 11ugge11ted by the wording of the law, wa11 thP subject of inquirie" direeted to thl' olli<·l'l'S in ~lanila charged with its execution. 'l'he!-!c> inquil'ic>s wt•re 1111swpn•d in the dr<·ular of August IO, 1881. publi•du•d in thl' t;acrla. d<· Jla11il(i August 11, 1881. a11 followR: •'Should posseio;sorK of roy11I lnnds mule>!' 1"11!01" of Lill<• uml in good faith spek 11djuo1tment 1 "It is c>\'ident that tht>\' mmit do so. fol' it iK to tlwm that urlide 4 of the rl'gnlutio~s rc>ferK. ll>I also lhc> following urtide eo\·ers otlll'r l'IHl(')l of posscsRion undt•r diffrrc>nt. l'ir<·umKtllnt'f'S. lt should bl' well under11tood by you. and you should. in tm·n. h11w it undc>rstood by otlwrs, that tlw iuljustmt>ut of lands whose ownerllhip has not pilssed to pl"in1l<• indh·idtrnl.;. by \"irtue of l'Cllllion by compl'tent anthoritie.i, io1 optional only for th~e within the iimits of thP comm~ dhitri<·t (ler1ua (,"<J1Hu11al) as prci\"ided b)' 1ll'licle ;, Jn all otlwr <•ao1e.;. whPrt• the intl•re;.;Led partie11 11hnll foil to J>l't>sent tht•ms1•h·p11 for thP adjustment of thP Jnndi:1 ocenpied b)' tlwm thl')" 11h11\l imffl"r lhe prnnllit>s st•t forth in lll'ti<~ll" 8 of said r<'gulations." Jn dett>l'mining the ml'llning of n hlw wherP 11 doubt l"Xisb1 the> l'On;itnu·tion phwrd upon it hy the ollit•t•1·s whm1t• tint~· it is to administri: it i11 l'ntitll'<l lo Wl'ight. (Ci) 'l'hN·e is. morl'O\"l'l., lc>gislati\"P <·onstr11l'tion of these regulations upon this point found in !!Ub!il'<(Uent laws. The roy11I dt>1•n•1• of Dt>1·embt>1· im. 1884 ( /ll'rriz A nim.1-io, 1888, p. 11 i) . pro\"idl's in ll!'tiele I thnt"All those> puhlil· hmtlo1 wronf!ft.111)' withhl'ld L~· pri\'ate persons in the Philippine11 which, in acl'ordanc.-e with the regulations of .June 25. 1880, are subject to 11djustment with tlm treasury, shall be di\-ided into thrre groups, of whi<·h the fh"st shall include those which, hc<mm1e they 11re i1U'luded in Hrti.dl's 4 1md 5, and thl' first p11ragraph of artidr j. Ill'<' entitled to frre ndjnstment." There we1·e exceptiom1 to thiR rule> which 111'1" not here important . • .\.rticle IO pro,·ide~ that if the adjustment i11 free for those mentioned in articlc>s 4 and 5, who nre included in the se<.'Ond gl'oup. the deed shall be issued by the bl'O\"eJ'nor of the pro,·in<.'t". .4.rticle II sa)·s that if the adjustml'nt is not free, bc>eause the appli· <'1mt Im,.; not pro\"ed his right by pre,.;e1·iptio11, then no deed can bt> i.-sut>d until thl' propl'r payment h11s been nu1dc>. The whole> tll't'r('(• showM l'll'arly that the lt>gisldor intended that tho11r mentioned in nrtic·ll'11 4 and 5 should apply for a eonfhmation of tll('ir titles by )ll"l'S<·ription, 11s Wl'll a11 those mentioned in artiele U. In fact. for the adjustment of those of the fh·st group, whit·h 11et'essnrily includt>d only tholll' found within 11rtieles 4 und ii. 11 hoard w11>1 organi7.t"d (Art. 15) in each pueblo whose soil' dut)" it was to dh1pat<"l1 appli<·ations made under said two lll'ticlt>s. (7) The royal decree of August :n, 1888 (Berriz Anuario, 1888, p. 120), is another leghilative con5itruction of this regulation. That dl'Cree repealed the decree of 1884, and divided all hmdM 11ubjeet to 11dju11tme11t under the rc>gulations of June 25, 1880, into two groupio. In the first group were a.II those l~ds which bordered at any point on other !itate lands, and those which, though not bordering on State lands, mc>a!'lured more than 30 beetin·l'11. In the second group were those wl1ich were bounded entirely b)' lt1ml11 of prh•ate perJ1011s and did not exceed 30 heetnrl.'s. For the second group a provincial boa.1·d was organized, 1rnd nrticlr 10 providl'!i a henring before this board, and. declares••) f no pl'Otest or claim shall be filed, and the adjustment must br frer be<!aui1c> the occupant has proved title by prescription, as 1n·o,·idl'd in artieles 4 11nd ii of the regulations promulgated .Jmw :m. 1880. thr procc>edingii i1hall bl' duly approved, and the head ollie<'r of the pro,·inee will, in his capacity of deputy director l,'l!neml of the <'i\'il 11dministr1ttion, hisue the corrPSponding title de<>d.'' The poliq pm·sucd by the Spanish Government from the earlil'st timl's, requiring settlers on the public lands to obtain ·deeds tlwn•for from the 1-ltnte, has been eontiUU('(I by the Amerienn Uo\"t-1·nment in Aet Xo. 020, which takes effect when n.pp1·0\•ed by l 'ongreo111. Section 54, sixth of thnt n.ct, declares that the personi1 mrnwd in said paragraph 6 "shall be conclusi\'ely presumed to ha\•e pN·fornwd all tllt" conditions essential to a GO\·ernment grant, and to hn\"P 1·ec<·h-ed the 1111me." Yet such persons u1·e required by 11ection 50 to prt>sent a petition to the Court of I.and Registration for a eonfirmation of these titles. We ha\'e consider('(( the reguhltions rein.ting to adjustment, that iM. thrn1e laws umler whieh persons in possession might perfret theh- titles. nut there were other laws relating to the sale of public lands which contained provisions fa.ta! to the plaintiffs' claim11. The royal decree of January 26, 1889 (Gaceta de Alonilo, )lurch 20, 1889), upprol"ed the regulations for the sale of public lands in the Philippine..;, aml it was in aecordance with such rt•guhitions that the 11ppcllet> 11e<1uired his title. Article 4 or those 1"t•gulatiom1 required the publication in the Uaceta de Munila of the application to 1>urchase, with n. description of tl1l' huul.-, and gnw sixty days within which anyone could object to tlw snlr. A .-imilnr notier in tlw dialect of the locality was r<'11uired to be posted on the municipal builditig of the town in whieh tlw land w1u1 11it11att>d. and to be ma.de public by tht> crier. Articll'!I 5 nnd ti dl'clarrd to whom such objections shall be made and thl' course which they should take. Article 8 is ns follow!!: "ART. S. In no case will tl1l' judicial authorities take cognizance> of nny suit against the decrees of the civil administi·ation concerning the sail' of roy11I lands unless the plaintiff shall attach to tlw eomplnint doemnt>nts which show that he has exhausted the> OFFICIAL GAZETTE 439 administrative remedy. After the proceedings in the executive dl"p1utnU'l1t 1du1ll hnni bet>n terminated and the matter finally pnssctl upon. anyone considering his interests prejudiced thereby nmy t'Ommrnet> a 1mit in court against· the 8tatc; but in no case 11hnll 1111 action be brought ngainst the proprietor of the land." f"imifor provii'iions Ill"<' found in the regulatiom<1 of 1883, ap· pro\·rd Um second timl' hy royal order of Frbnmr)' 16 (Gaceta rlr> .llanila, .June 28, ISS:J). Articles 18 nnd 23 of said regulations are as follows: "'.-\R'I'. IS. Po!'i11cssors of such lands as nmy fall within thf' class of Alirmtblc Royal huul1:1 shall be obliged to iq>ply for the owner· >1hip of the same. or for the adjustm.ent th<'rl'of within the term of sixt~· dn)'S from the timr of the tmblication in the Bulletin of Sales of tlw notiC'<• of sale tht>rPof." "ART. 23. Tiu• jmlil'fal authorities slmll take cognizance of no l'Omplaint ngaim1t the cll'crrNI of the treasury department con· cerning the sale of landK pertaining to the state unless the com· plaimmt shall attach to the complaint documents which prove that he has exhausted the administrative remedy." This prohibition appears also in the ro;ral order of Octobt>r 26, 1881 (Gacela de .1/anila, Decl'mber 18, 1881), which relates e\'i· dcntly both to sales of public lands, and also to the udjustmenb with the occupants. Article 5 of this royal order is ns follows: "During the pendency of proceedings in the executive depart· ment with respect to grants of land, interested parties ma.y present through executive clumnl"ls such protests as they may deem advisable for the protection of their righb and interests. The proceedings ha"ing once bren completed. and the grant made, those who consider their interests prejudiced therebY may proceed in court against the State, bni under no circumstances against the grantees of the land." The American legislation creating the Court of Land Registra· tion is but an application of this same principle. In both systems the title is guaranteed to the petitioner, after examination by a tribunal. In the Spanish system this tribunal was ca.lied an administrative one, in the American, a judicial one. The court finds that the plaintiffs made a written protest ugainst the sale to the defendants while the proceedings for the measnl"f'ment and survey of the land were being carried on, but that they did not follow up their protest. This. as held by tlm court below. is a bar to their recovery in this action, undcr the articles above cited. The plaintiffs state in their brief that a great fraud was committr.d on them and the Sta,te by the defendant in applying for the purchase of these lands as vaemt 1md belonging to the public, when they were in the actual atlver11C possession of thr. plaintiffs. We ha\•e seen nothing in the l"Cgulations 1:rlating lo the sale of the public lands which limited their force to \"acant lands. On the-contrary there are provisions which indicate the contrary. In the application for the plll"chase the petitioner is by article 3 of the regulations of 1889 required lo state whether any portion of the Janel sought hlUI been broken for culti\'ntion, and to whom smch improvemt"nts belong. Article 9 provides thu.t if one in poi;session ;,pplies to purchase the land he renounces his right to a eompo· siciOn. under the laws relating to that subject. By w·ticle 13 the report of the officials making the survey must contain a statement as to whether any part of the land is cultivated or not, and if the applicnnt claims to be the owner of such culti\'atcd pa.rt. In the regnlations of .January l!J, 1883 (Gaceta de Matiila, .Tune ts. 1883), is the following article: "ART. 18. Possessors of such lands as ma.y fall within the class of royal alienable lands shall be obliged to apply for the ownership of the same, or for the adjustment" thereof, within the term of sixty days from the time of the public.a.tion in the Bulletin of Sales of the notice of sale thereof!' In view of all of these provision~ it seems impossible to bclic\'C that the legislators ever intended to leave the validity of any sale made by the State to be determined at any time in the future by the ordinary courts on pa.rel testimony. Such would be the result if the contention of the plaintiffs is to be sustained. According to their claim this sale and every other sale made by the St.ate <.-an be set aside if at a.ny time in the future it can be proved that certain persons had been i·R possession of the Umd for the term then required for prescription. If this claim is a.llowed it would result that even though writ· ten title from the Sta.le would be safe from such attack by parol evidence, by means of such evidence damages could have been recovered against the State for lands sold by the State to which third persons might thereo.fter prove ownership by prescription. The unreliabiHty of parol testimony on the subject of possession is well known. In this case in ihe report which the law required to be ma.de before a sale could be had it is stated by nn Ayudanlc da Montes tho.t the tract had an area of 429 hectares, 77. areas, and 96 centareas uncultivated, and 50 hecta.res, 18 areas, and 7:J centa.reas broken for cultivation. The official report also says ( 1890) that the breaking is recent. Notwithst.anding this official report the plaintiffs introduced. evidence from which the court found that the greater pa.rt of the tract had been occupied and cultivated by the plaintiffs since 1860. It is hardly con<.'l!ivable that the Sta.le intended to pnt in force legislation under which its property rights could be so prejudiced. We hold that from 1860 to 1892 there was no law in force in these Islands by which the plaintiffs could obtain the ownership of these lands by p1·cscription, without any action by the State, a.nd that the judgment below, declaring the defendant the owner of the lands must be affirmed. II. What has been said heretofore makes it unnecessary to consider the motion for a new trial, made by the defendant, on the ground that the findings of fact are not supported by the evidence. 111. The exception of the defendant to the order ncating the appointment of the recei\'er can not be sustained. The defendant at no time made any showing sufficient to autl1ori7.e the appointment of a. receiver. The case dOt"s not foll undPr Xo. 4 of nrticle li4 of the ('ode of Procedure. Neither party in his pica.dings asked any relief 1ls to the crops. They were not, therefore, "the property which is the subject of litigation." Neither does the case fall under No. 2 of article 174, fo1· the same reason. Moreover, under No. 2, it must be shown tliat tl1e pro1Jerty is in danger of being lost. There was no showing of tha.t kind. The pleadings say nothing upon the subject. In the motion for the appointment of Um receiver it is said that the plaintiffs arc insol\"ent. There i!o! no evidence, by affidavit or otherwise, to ~uppori this statement. A bare, unsworn st.at.c1nent in a motion that the adverse party is insolvent is not sufficient to warrant a court in' appointing a receiver for property in his possession. The judgment of the court below is affirmed. Neither 1nu-ty can recover costs in this court. Arellano, C. J., Torres, Cooper, McDonough, and Johnson, JJ., Judgnicni affirmed. [No.1656. Aprll 2, UllM.] 7'HE UNl'l'/oJIJ STATES, co11iplainant amt rtppcllee, ·Ds. JU ARIANO DE LA. CRUZ, defendu41-t a-11d appellant. J. CRD!INAL LAW; BRIGANDAGE; St"PPJ,IES; MoNEY.-Onewhof11rnlshesmoney to a band of brigands is not guilty of the offense of furnishing supplies to such a band under article 4 of Act No . .&18. 2. CRDllN . .U, PROCEDt"RE: C0311'LAINT OR INl'OR)IATION; BRIGANOAGE; ROB• BERY.-Upon an Information charging the defendant with furnishing In· formation and supplleii to a band of brigands he can not be convicted of the crimeofslmplerobberr. 440 OFFICIAL GAZETTE APPEAL from a judgment of the Court of First Instance of Rizal. The fncts are stated in the opinion of the court. B. R. MAl'A, for ttppella.nt. ~olidtor-Gencrol ARAN~"TA, for appcllcc. \\"JLLARD, J.: The cnmplaint in this case clrnrgcd the defl'ndnnt with the violation of article 4 of Act No. 518, alleging that hf' had given to a JUlrtr of brigands information as to the movements of the Con~tnhulary and had furnished the party supplies and money. The rourt below found that some time after November 12. 1902, the dav when Art No. 518 wf'llt into force, the defendant obtained from .iuan Div.on 25 pesos which he sent to Faustino Guillermo, the leader of a band of brigands. convicted him of a violation of ~aid article 4 and sentenced him to fourtet'!n years and six months of imprisonment. We doubt YPry much if the evidPnce was sufficient to prove this charg<". Both the defenchmt and Junn Db.on. a witn€'as for the Gol•e1·11ment, testified that no money was paid by the latter to the former. The only evidence to impport tl1e charg<" are certain con· f(!!~i;:ions alleged to have been made by the defenclant after his arrP11t to offi.ct>rs of tl1e Constabulary. But whethPr the evidence i11 sufficient or not is immaterial, for even if tl1e money was paid by Dizon to the defendant and by him sent to Guillermo this would not constitute an offense under soid article 4. (United i;;ltatei;: 1-s. Agaton Ambata. No. 1437. decided February 13, 1904; Pnited States vs. Maria Gonzales. decided February 13. 1904.) There was \!vident'e in the case tending to show that about two monthi;: after the money wa11 said to have been paid. the house of .Tuan Dfaon wai;: Pnterf'CI in the nighttime by a. band of men. one of whom lvas the dPfendant. and bv force and violence a certain amount of monev was taken theref~om. ThP witnesses could not st.alp that thP m~mbers of thil'I party were armed. The AttorneyGenPral claims tlmt undPr a complaint for hrignnda,,- there t'an hp a conviction for l'limple robbery and rites the case of United Statpi;: -rs. Anutasio Mangubat. Deeembrr 2, 1003. in support of hi!': contPntion. In that ro11e the complaint charged the crime of robo m c11adrilla 6 bandolerismo and alleged that the defendantr-; lmd a('tually l'OhhPd l"arious persons. We hPld that under it tlu~ defPndants rould bP ron,·i<>tt>d of simple robbery, there being in that c·asP, as in this one. no cl·idence that the defendants were armed. Rut tlu• romplaint in the present rasp nllPJt'P!i no act of robbery. lt dOPs not <''"Pn allPJ?e that th<' 1IPfPndant wu a mPmhPr of a hnnd of hl'ignnds. Tt is limited. as has bPCn r.aid. to rharfring the defpnrlant with furnismng information nnd 1mpplies. We hold tha.t under such a C'omplaint a dPfendnnt can not bP. convict<-d of simple mhberv. definPd in thP PPnal CodP. Snl"h a Mmplaint gives the defenciant no notice whateYPr of the !'lpeMfir things which are to he proved against him. He is notified by thP complaint that the el•idPnt'c of t11I" Gol•ernment will he direMA>d to proving thnt he furnishecl information or supplies to n. hand of bripnds. At the trial lie finds that the evidence relates to a robbery committed in a specific hom;;e at a designated timP. This last offense is not necessarily included in the offense charged. Th«" judgment is re\•ersed and the defendant acquitted with the <'f»;bi of both insta.nces de oficio and without prejudice to the presentation Of another <-omplnint against the defendant for simple robbery. Cooper and McDonough. ,J,J •• cont·ur. ARELLANO, a. J., TOBRES, and MAPA, JJ., concurring: We concur iri the acquittal of defendant for lack of evidence of the crime chargt-d. bnt do not cone.Ur in the doctrine that furnishing money lo a b11nd of brigands doeR not constitute a crime and is not inC'luded in seetion 4 of A<>t No. 518. .fmlgmen.t nmcrscu. (No.1627. April2,190t.] 7'1IE UJ.'17'BD H1'A'l'BS, compla.inane and appellee, vs. (}/<JORGE lVABH/NGTON, defendant and appella11t. CRIMINAi. LAW; ASSAUJ.T AND BATTERY.-See fact& In this case held Insufficient to sustain 11..eonvlctlon for aSSRult and bo.ttery. APPJ<~AL from a judgment of the Court of 1',irst Instance of the city of Manua. The facts are stated in the opiniof! 'lf the court. E. H. WUITE, for 11.ppelln.nt. Solicitor-General ARANET'l'A, for uppellee. MCDoNOUGH, J.: The defendant was convicted in the Court of First Jnstn.nce of having, on the 29th day of April, 1903, at Bilibid Prison, in the city of l\fanila, asimulted a.nd beaten one H. S. Hards, with a deadly weapon, to wit, 11. large clqb, a.nd infticting injuries on him and cau!iing illness and disability for more than thirty days. The defendant w11s sentencecl to be imprisoned for one year n.nd to pay the c~bl. He had been previously sentenced to serve a term of three yc11rs in that prison on a charge mo.de ago.inst him while serving as a soldier in the Ninth Cavalry, United States Army. As a prisoner, on that occasion, he had charge of the mixing of cement and of the bed of cement, 11nd had been ordered by the master mechanic not to let anyone take the cement without the direction of the master mechanic. While George Washington was temporarily absent from the cement bed, Harris. another prisoner, attempted to take a.way a part of the cement without having or exhibited orders therefor. The defendant on his return caught Harris in the net and used very warm words, which Harris resented. A fight followed, Harris striking the> first blow, and then attempting to get hold of a shovel, with a view of doing more effective damage. The defendant picked up a bamboo stick, about as thick as his wrist, and lvith it struck Harri!'! a heavy blow across the back. The partiN1 wPrc then separated, but Ha.rris again stilted to strike the defendant, who ran some distance, picked up bricks or rocks ancl threatened to throw them at Harris, but did not do so. Finally. Harris was taken to tlm ho11pitnl, wl1ere he remained about a month; and the defendant, to use his own language, was taken to "the guardelo, the dark ~11. the place of punishment." '''e arc of opinion, inasmuch as Harris was the aggressor and pr°'•oked the fracas by taking, without authority, the cement of which defendant had the care; insmnch ns he stnick the flrst blow; as his injuriPs wt>re not serious; 11s the defendant *as punished for a breach of prison disciplinr; and as it was shown that the defendant had a good name 11ncl wits a well-behaved prisoner, that he should be acquitted. The judgment of the Court of First Inda.nee is therefore reversed and George Washington, the defendant, is acquitted. Arellano, C. J., Torres, Cooper, Willard, Mapa, and Johnson, JJ., concur. Judgment reucrsed. (No.1645. Aprll4.,l!KM.) TllE V'XITED STATES, complainaflot and appellec, vs. HUGO Rb'J"t:8 ET AL., defendants and appellanes. CRIMINAi. I.Aw; GA:llBLING.-ln order to justlf~· a conviction of the offense of playing a prohibited game It must be charged in the complaint and shown b)" the evidence that the honse in which the defendonts were found playing was a house used for the purpose of gaming. OFFICIAL GAZETTE 441 APPEAL from 11 judgment of the Com·t of First Instance of Rizal. The fads ure slated in the opinion of the court. J. l•'. OJ.l\'EROS, for appellani~. Solicitor·General AnANETA, for appellee. COOPER, J.: The defendants, Hugo Reyes, Gonzales Bins, Fausto Satorre, Feodorico Bautista, P11seua1.l Galan, and Crispulo Mendesa, were cha1·ged with the offe11se of playing a prohibited game, to wit, the gnmr. of montc. The defendal'.'t Hugo Reyes was convicted by the Court of l~irst In11tance und sentenced to imprisonment for one month and one clay and to p11y a fine of 625 pesetas. The other defendants were acquitted. . It is neither charged in the complaint nor is it shown by the evidence that the house in which the defendants were found playing monle w11s 11 house used for the purpose of gaming. The supremc court of Spain by a decil'lion on the 28th dny of December, l88i, held in construing thi11 1uticle of the Penal Code that the playing must occur iii. a house used for the purpose of gaming, whether it be public or private; but if it happened that the pluying had taken place by mere accident in such place, the persons engag<•d in playing the prohibited game arc not guilty of the offensc dcfint'd and made punishable in a1·ticle 343. • This court has concurred in the coustrnction given to article 343 by the supreme court of Spain. in a decision which has not yet been published, and, on the authorit~· of these cases, the judgment of the Court of First Instance must be reversed and the defendant acquitted, wit.h the costs de o/ieio, which is accordingly done. Arellano, C. J., Torres, Willard, Mapa, McDonough, and Johnson, J.J.., concui .. Judgmeitt i·cvcr.•ed. OPINION OF THE ATTORNEY-GENERAL. Rigltt of public vaccinators to cloitit one-half of fine imposed under section 5 of Act "Jio. 309. MAN"ILA, P. I., May 13, 1901,. SIR: In nn!lwer to the question raised herein relating to the l'ight of public \'accinators to claim one-half of the fine imposed under st'ction a of Act No. 300, upon parents, guardians, or other persons in charge of one or more children, who shall be found guilty of neglecting or refusing to comply with the provisions of sections 2 and 3 of said act relating to \·accination, I have the honor to submit my opinion as follows: lt is a general principle of law that it is against public policy for a public officer to 1·eceh·e a rt""ward for performing sel'Vice11 which it is his duty to pel'form. The object. of a reward is to incite the interest of the general public in the accomplishment of the object for which it is ofTerccl, and not to make the officer whose duty it is to perform such sen·icc more Y.ealous in its performance. "Extra exertions and expense!! mad<" and int'tnrcd by a public offict>r in the p<>rforman<'e of an IH"t within the scope of his duty will not nuthoriv.e him to acct"pt an offer of reward for such act." (Am. and Eng. Ency. of Law, p. 954.) lt is my opinion that it is the duty of a public vacC'inator to he ll!I vigilant as possible in ascertaining whether the law l1as been complied with relating to n1ccin11tion, and that it is hi~ duty to report all persons refu11ing lo be vaccinated, or in othrrwisc failing to comply with the law, and that in so doing he is only performing the duties of his office and is not therefore <"lllitled lo rcct'ive a reward or extra compensation therefor. Re11pectfully, GREGORIO ARANETA, Actilng Attorney-General. To the Co~BllSSIO:"l'ER OF PUBLIC HEALTU. 18314-6 S'l'ATJSTICS FHOllJ BUREAUS OF THE INSULAR GOVERNMENT. BOAUD OF HEALTH FOR THE PHILIPPINE ISLANDS. Report for April, 1_904. MANJLA, iU&y 24, 1904. SIR: I have the honor to submit the 1·eport of the Board of Health for the Philippine Islands and the city of Manila for the month of April, 1004. 1'he principal causes of deaths in the city of Manila and the number of childl'en who died before completing their first year are as follows: Cause. Pneumonia ...•.•.•. :::::::::::::::::::::::::::::::::::::::::: Senile debility··········--··································· Tuberculosis or lar)·~~~=l~~=r=t=~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~! Death• Total underl deatbs. yearof ore. 226 226 &! __________ _ 40 26 ., " " 31 31 81 25 H ,. ' 22---------19 1 18 •••••••••• 16 •••••••••• 16 •••••••••• Jlj _________ _ 12 •••••••••• 10 _________ _ . . • 8 8 ---------8 •••••••••• 3 _________ _ • 1 7 _________ _ 7 _________ _ 7 2 6---------· ' 3 ' I 5 _________ _ Forty·nine per cent of all the deaths in the city of l-Ianila occurred in children under I year of age, as against 57 for the month of March. During the month there were 15 eases of plague with 15 deaths. Of these cases 8 were Chinese and 7 Filipinos. In the prophylactic crusade against this disease 30,415 rats were caught, but of the relath°<"ly small ·numbel' examined none were found to be infected. The city nnd pt·o\'inccs have been practically free from cholera. The Chief Quarantine Officer 1-eported a death from this disease on board the steamship Coptic, but as the dead man, a Chinese employee, had not been in the city, the infection was easily traced to a foreign port. . The Board of Health on the 27th of April, after c1ll'eful con· sidcration dcelarecl by resolution that"\VherellS cas<!K of Asia.tic cholt'rn have occurred in but three provincial towns of the Philippine Islands .since February 8, 1904; and, "Whereas only one case of Asia.tic cholera has been reported ai;; occurring at any place in tl1e Philippine Islands since March 8, 1904; and, "\Vhcrea.s the city of 1\Ianila was dechtrcd on March 23 to be free from the infection of Asiatic cholera: On motion, "Resohied, That the islands composing the Philippine Archi· pclago Ix>, and are hereby declared to be, free from the infection of Asiatic cholera; and "Ba it further re8olvBd, That the Commissioner of Public Health be directed to send n copy of these resolutions to the Honorable, the Secretary of the Interior, the Municipal Board, 442 OFFICIAL GAZETTE the United StntPs Marine-Hospital Service, and the Collector of Customs." One hundred and ninety-nine thousand one hundred and ten units of vaccine \'irns we.re issued by the Board of Health, of which 178,!IIO units were sent to the provinces; 10,057 vaccinations were performPd in the city. Eightepn cases of smnllpox with 7 deaths occurred in l\fanila during the month. The effort of the Board of Health to secure accurate statistics of the number of insane persons in the Islands has been continued, and thus for there are reported a total of 3,736-1,995 males and l,i41 females, of whom it is reported that 578 are violent and 2,625 without means of support and dependent upon charity. One of the most pressing probfoms confronting the Board of Health at this time is the care of insane. It is to be hoped that the leper colony at Culion will soon be in operation. Incomplete returns of lepers show 3,51 I cnscs2,281 males, 1,230 fpmales. The work of sanitary inspections by the municipal police has been put in operation. There were 10,414 houses nnd premises inspected, as against 5,302 for the month of l\larch. - The birthrate in the city of Manila for the month wn-s 30.99 per thousand, as agninRt 34.0l for the· month of ::\larch, but the returns are still incomplete notwithstanding the efforts that have been made to make them accurate and complete. The Board vf Health has been unfortunate in losing the st>rvices of Dr. E. L. :Munson, captain and assisto.nt surgeon, United States Arm}', who, as assistant to the Commissioner of Public Health, rendered very faithful and efficient service to the cause of sanitation in the Philippine Islands. Captain Munson's health became impair<'d b;-,' o\·erwork, and he found it necessary to return to th<' Cnit'ed States for treatment. He had to leave undone many things which he had .planned, but the work that he accom· plished and the influence which he exerted upon the cause of sani· tation in the Philippine Islands will remain as permanent testimonials to his zeal and knowledge. Very respectfully, E. C. CARTER, Major and Burgeon, United States Army, Commissioner of Public Health. The SECRETARY o~· THE INTERIOR, Manila, P. I. VITAL STATISTICS FOR llONTll OF APRIL, 1904. Population of Manila. [Preliminary rough count of census of 1903.] Americans __________________________ ------------------------------------- 4,SS9 Filipinos ____________________________ ------------------------------------- 189,782 Death.s by age, including tran8ienl8. r~!:i~~ :~~:~::::::::::::::::::::::::::::::::::::::::::::::::::·== 3~ IU~l~[~i-~~~~~~11~ I 90yearsto100 years--------------------------------------------------------- o 100 years and abov1.> _______ ------------------·-·------· ----------------------- 3 Tot&!___________________________________________________________ 797 Stlllblrths,25. Deat/18 by di8trEeW, including tm11menu. District.~. Po:imlat1on. Deaths. Walled CltY----------------·-------------- ------------------ 11,46.1 46 Binondo •• _.__________________________________________________ lG,613 65 ~~:;~~~::::::::::::::::::::::::::::::::::::::::::::::::::: ~:~ ~~ Santa Cruz--------------------------------------------------- 3.'l,040 108 Qule.po ---------------------------------·-·-------------------1 ~i: ~~: 1~ r~~~:~d,~~:~~~::::~i:~~~:~::-~~;~::~~~;i~::~~~:--:~~: :!:m I 11 Tote.I ______________________________________ ---··-------12i9.9fl1----:m A cl1186ijled report of all dealhs ocei.1rring in .Manila during the 1R011th Qj April, 1904. MALES. Married __________ ·-----··-------------------------------------------·----··- 90 . ::~~7::_~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~~~d1tior:1n-ot~tatecfir1certiiiCate·:::::::::::::::::::~:::::::::::::::::::::: 24: Tote.1------------------------------------------------------------------4« Married--------------------------------------------------------------------- 77 Widows--------·---------------------------------------------------·-------- 40 ~'1~re1:_:::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::: 2~~ Condition not stated in e1:1rtitlCRtc ------------------------------------------ 2 Tote.I ______________ • ___________________________________________________ 353 Grand total____________________________________________________________ 797 Number of deaths with medicfll attendance---------------·-··-·-·--------- 433 Number of deaths without medical attendance-----------··--·-·----------- 3M Total------------------------------- 797 Stillbirths, 25. BUibid pri8Q11 report Qf deaths QCCurring during Ille 111Q11l/1 of April. 1904. Spaniards---·-------------------------------------------- ---------------- 2,{128 I I I ;~~~~~~~~~~== :~ ~~;~; .f .~:1'~ilf-;i~=1~ ~~.'~::;:::::::~;:,;;,-~;~~:~-~;;-,;~~,;.~,:.~,~~~'.::::::::::: ,,: gg;t~~~~~~~i~~~~~''::_:~==~=i~:~141~1~l~i~ Americans------. _ ------------------------------------------- O Filipinos------------------------------------------------------ 4:>.03 Spaninrds ------- ------------------------------------------------ 24.03 Other Europenns ----------------------------· --------------- 10. 90 Chinese______ ----·------------------------------- 1;.20 All others_____ ---- -------·------- o Unknown----- ------------------ o Avernge ----- ------------------- ---------------- 41.40 Loma-----------Norte __________ _ Chinese ____ _ 12 13 ' 8 IR I OFFICIAL GAZETTE 443 1900. 1901. Month. I Annual N b Annual Number death um er denth d~fiis. ~~r dc!fmi. ~~r __________ , __________ _ a%i!~:::::::::::::::::::::::::::::::: 11 :5 ~:~ :a ~:~ u.,~1_:::::::::::::::::::::::::::::::::::: !~ ~t :: !::f? June------------------------------------- 1599 29.79 1521 80.89 JWY------------------------------------- :~ ~~ :~ ::~ tit:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 11 !m :t: I !iii il:~ December-------------------------.. ·---- '90S 43.54 1858 41.80 Month. I :.:2~~~~1;;~=~~~ 'I N~~b::~I ~'::~'deaths. ~~r deaths. ~~~r death&. ~~ --..,.--:-::-::-::-::-::' ::: -~=II:~ ~::II :~I :::: ---------- 1770 87.06 1&33 25.M t7M 40.23 , ... ================ me ~:= · :!ii ~::1-----~'.~------~~~~ ~~·--------------- '.!!~ 'HI._:_~-~-_Jl:~~~~~~~~~~l~~~~~~~~~l ! E:: ===::~: C:~:= ~ri::~ f::':a11~tment's cenaua)' Of the total number of deaths occurring during the month of April, 1904 °{79'i, including transients), 473 were of persons leu than 16 yean of age. Of the remaining 324 adults of both sexes only 171, classified below, had definite occupations: lf.U.D. 2 Blrtlw repcmed in April, 1904.1 .:::::::::::::::::::::::::::::::::::::::::::::::::::~I 2fi~ s.! 1 1,,_· ··I-'· .:;~~,!~~~~~ 1 Iucomplete. Aanual birlhnlte per tAouaml/or IAemanUt. Americans-----------------------------------------------------------------· 19.41 f !!~~~~~¥.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~ All others .•• ---------------------------------------------------------------- o AV8NP---------··--·---····-·-·-------------------------------------- BO. 99 .Reporl of pmcrlpUona jlUed at IAe m1midplll d:Upmlllrla, llowlag c1Nlri$, tn:, mu& age of ptramu lo whom mediclftu haw beeR given. during IAe month o/ April,1'°-'· Americana. FlllpiDOI. Diltrlcts. Shoemaken ---------------------------------------------------------------1.aboren -------------------------------------------------------------------.. - r~ :::::::::::::::::::=::::::::::::::::::::::::::::::::::::::::::::: Tallon --------------------------------------------------------------------Carpenters -----------------------------------------------· ----------------Merehan1B-----------------------------------------------------------------Boatmen -------------------------------------------------------------------~ Report qf s&:k mu& wowadat citr poor~ by •-idptll p/ly1ldan1 during IAe : month of .dpril, lSOJ.. Cipr malr:en------------------------------------------------------,; ________ _ Coachmen--------------------------···-------------------------------------Cooks---------------------------------------------------------------------Servant. ____________________________________________________________________ _ Tlnman --------------------------------------------------------------------Printers •• ------------------------------------------------------------·-----ua':~::~er:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Butcher--------------------------------------------------------------------Colectloner _________________________________________________________________ _ ' • 8 • 8 1 I 2 • 8 1 2 ' 1 2 1 • . 1 1 • • 1 1 1 Tota.1------------------------------------------------------------------ 116 PEKALE8. ---------------------------------------------------------------- 21 ------------------------------------------------------------- 7 ------------------------------------------------------------- f, ------------------------------------------------------------- 6 ------------------------------------------------------------- l ------------------------------------------------------------- l ------------------------------------------------------------- 2 --------------------------------------------------------------- 6 -------------------------------------------------------------- l ---------------------------------------------------------------- l ---------------------------------------------------------------- l ---------------------------------------------------------------- l 1 1 ----------------------------------------------------------------- l Total------------------------------------------------------------------M Grand total _____________________________________ -~---------------------- 171 Filipinos. I 'S Sanltal')· diltrlcbland Adult. Chll°!!0" Cured. 1 Deaths. tlli phyalclans. --~:tj!~] __ ! __ 1 , No. 1, San Nicolas, Dr. V. ~ F. ~,_'.:.__ ~~,~i~~!:.__ N;.a;_an~G:°Di:·y:·paa:· 13 11 10 a ------ 37 10 1 10 6 __ _ 20fi toJ&----------------------- 27 88 ---- 6 ------ 71 20 82 6 6 271 No. I Qulapo. Dr. P. Ga-------------- 12 19 816 ------ 44 H 20 a 1 ~ L"'ruz, Dr.C. ·;nr:F:cu:- 1 n 4 2 ______ 2fi 61 , 2 2 100 --------------26 82 14 12------ 83 17 16 9 9 168 .,:'.·;;~8 1 ·1 ·------ 7 ·~ ·1---· 12 a , and San· ta.A Cabarrus.. 26 BO 10 8 ------ 78 23 18 7 7 202 Tota.1 ________________ 112 M25S371::=1"""3«"90 10t 18324"jl.Oi9 Monthly rqorC of Saa .l.azm'o Hoipual for .AJlril, l'°-'. WOKBM'I DBPABT.KBMT. ---------·----------~:-1 ::.':;. "~:,r· ~:I Tolol. N=~-~~~~-1~~~~-~~~~--------- 2 40 so I " Number of paUenta received during . ~::::::: _________ ~~~~j:------~-1-----~------~------~------~ g.:ih~.'rFJi:::_icans, 1 European, 27 Flllp{n09, and "°Japanese. 444 OFFICIAL GAZETTE Nmtlhlg Teporl of &m Lamro Hoqilal for .April, l'°'-Continued. J.BP&R DEPARTIJBNT. not leprosy; l female FUipin& transnot leproey. 16, 190t, not taken up on numerical ~=-~'r:.~!1~:,,:.·,,~~~ .. ~.~,,,o;:e~ ori, and IWIUarrl jmptdor1, for U&c mORtA of April, 1'°'. Houses ---------------------- 2,098 BoU&eS o ere ---------------------- ·811 Houses ------------------------------- 6,481 Houses ------------------------------- l,!l24 !:Sc eaD -------------------=~::::::::~::::::::::::::::::::::::::::::: 1'~! !:Ei~i~~~~n-~~:~;;:~:::::::::::::::::::::::::::::::: ~ Number of houses recommended condemned and removed______________ 24 Number of houses condemned and removed------------------------------- 18 Number of localities where "aquatten" are located.---------------------- 22 ==::~ c::,samplea of water from wells ~t lo Laboralory_______________ g Number of 0 Number of 0 Number of 17 NumJlerof 1: 62 ... Yards c ean --------------------------------··---------------------------- "' 0 !~~::fSt4Ji~repaved, et~)--------~~~~~~~~~~~~~~~~ 0 0 0 0 0 7 28 .. 0 Number of cholera eases -----------------------------Number of -----------------------------Number of Number of Number of Number of Number of Number of Cemeteries: 1,471 0 s .. • 1 .. ---------------------------------------- 18 ii-=:::::::::::::::::::::::::::::::::::::::::15,~ ------------------------------------------------116.891 ----------------------------------------------- 43& n------------------------------------------------19,799 ::::::::::::::::::::::::::::::::::::::::::::::::::]\!,~ _____________________________________________ .,: ____ 179 -------------------------------------------------- 74 Buriall,.Aprfl,1904. --------------------------------------------------- 446 Dieiit):::::::::::::::::::::::::::::::::::::::::::: --------------------------------------------------------------N&UOD&iceiD9i:erJ:::::::::::::::::::::::::::::::::::::::::: 38 28 8 120 .. 0 .. 87 .. 83 san ro Macall-----------------------------------------------------1 18 2 1 8 Embalmed for shipment 1o provinces.. _________________________________ _ Tot.al _________________________________________________________________ ---,:;;; ~ • .Ajtrfl,190,G. --·---- _________________ l_v11ult11. re~:d.lr::i~~. Public bulldlnP-----------------------------------1' 19 211& 1117,llOO Private buildings__________________________________ 18 22 11,000 Total ________________________________________ - - .. ----;1--w.r;oo Mlllta•y ....... ___________________________ ::=:II, ~~: 1.~'.:~=~'1.:.::; Private houses ••••••• ______________________________ 212 212 2,4116 Tot.al _________________________________________ ~1------m-1~ Rdpart of acffon laken. oa llceuu duriag lAe month o/ April, 191'1'. Buslneas for which lleensc Is dealred . 2 _________ _ • 1 l ________ _ 12 1 1 1 } _________ _ 2 ---------i!!!tir1ea .. :::::::=::::::::::::::::::::::::::::::: ~ :::::::::: ~~t!~!~-~-::::::::::::::::::::::::::::::--------s- --------~2 7 1 18 2 1 ' 7 • 1 Paco----------------------------------------------------------------------Santa Cruz -----------------------------------------------------------------Blnondo ••••••••••• --------------------------------------------------------i ~~:.·=~:=~~:::::::::::::::::::::::: i :::::::::: 2 Wine, native _______________________________________ ---------- 3 8 8 • 1 8 Malate _____________________________________________________________________ _ Chinese-------------------------------~------------------------------------Tota.1----------------------------------------------------------------• .. 25 Tota) ______________________________________ _ .. OFFICIAL GAZETTE 445 - ·-1-Number ! Number of dilin- of confections. tncta. ~~~~~~~--~~~~- --~~-~l-~~-::::::::::::::::::::::::::::::::::::::::::::::1 ~i ~ --=~r~~J~~~ Report oftlle weterlnary dlt1f.8lon/or t11e Bo~ of Health/or the Philippine Itsl.rJ:Ath/or themonlAof.April,1116.&. [David G. Moberly, acting chief veterlno.ey surgeon; M11rray J. Myers, veterinary Onarrivali surgeon.] Number ------------------------------------- 2,658 Number of ------------------------------------- 838 Number of ------------------------------------- Ml Numbcrof ------------------------------------- 4,891 Number of ------------------------------------- 84 Number of ------------------------------------- 10 Number of sheep inspected --------------------------------------------- 9 Total------------------------------------------------------------------ 7,981 In Government abattoir: S~§Yi:~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~ ~:~1 Total---------------------------------------------------------------- 7,180 cattle condemned---------------------------------------------- 8 :::ic~c:::ii::i~~1nor·;una·:::::::::::::::::::::::::::::::::::: ~ ~:= ~~.!T::Oe::J~~~n~-~~::::::::::::::::::::::::::::::::: J Total----------------------------------------------------------------- 66 .Rtporla .ff«iffd qf leper• Hl7ing m. the wrlau1 prouiace• qf '11e PAUipplne lllandl W ..tprUS0,190.6. !Num-l:~i:il ~:ie1; I stnrle. :/cad. ~ I ~ I · Province. Race. lberof wo- - - - - - - . . . , ..., 'ii. - - - - - - men. mcn:f~l1~-~-I!~- ~~ !_l!J~ Antique------- Filipino - 92 87 II 2 2 88 I 28 42 4 u [ 51 138 Batangaa __________ do____ so 17 ---- ---- 27 I G 5 8 4 3 I 5S Bataan-------- ____ do---- 10 411 I 1 5 ---- 8 2 2 i 2 lG B:t;aeL----- lorrote_ 81 10 1 j 1 11 1 .T 2i 1g 9 1 ----1 ~ A'::n:! Cama- lipioo _ 88 17 1 I 1 24 1 1 1---1 Bulacan------- ____ do____ 17 9 2 1 12 G 5 3 ---- ____ 1 . 29 llocos Norte _______ do____ 41> 2810 I 2 9 10 31 8 6 ! 10 80 Ilocossur ______ 1 ____ do ____ 176 M 4 i 101 60 ~ ~ 14 ~I 12 1 206 :::::!::::~~ :::: :~ = J 110 ~ ?~ 27 ID : : 1~~ _________ do____ 67 42 ____ 8 26 1 11 26 21:1 71 • 102 _________ do____ 14 4 l ---- 5 l 8 ---- l 8 19 a_:: ::::3~ :::: ~! J ::::L.~- ~~ 2~ J ·-;;-1 ·-r1 ~ ~ a:::~ C<'l· 1----dO.... 26 111 611 17 10 8 l 1 1 .... 1 '3 ~~~~=n-===i====~~ ==== 8 a& I ~ --3a: ' J .: a: -iii-1 1~ ~ Rtza, ---------- •••• do---1~~ 24 2 I.... Ii 114 il 7 8 8 67 ~~':~:::::::it::: 1ri 1; ,-~-!::~: ---~-: 4i ~ i-J-~~T;fl J! Tarlac _____________ do.... 27 24 1 11. 41 1 I 9 18110 2 I 6166 t~:0::::::::::3~:::: r~ ~ 1--~-1 --~-I ~: l: 4g ! l~ --~-! ~ l~~ 8amo.r --------- ____ do---- 39 32 - 1 13 ~ 8 : 16 11 21 18 3 8 112 Union--------- ____ do.... 43 28 3 1 •----115 14 24 12 4 2 74 Zambalcs _________ .do---- 58 8& 2 ---- 30 ID 24 15 4 6 95 va~~~~~~==:==-~!!i:~~= Ui = ii 1 ~ ~Fa * ~ ~: J l ~ Nr ~r1en- ____ do____ 66 42 s 2 1• 21 23 32 14 1 5 116 uabela de Lu- •••• do---- 18 4 l ---- 3 l 10 8 6 --~- 28 .... Tar•bal------- •••• do____ 1 ------ ---- ---- ------ ---- ---- ---- l ---- 1 Al bay --------- •••• do---- 68 8811 l 30 18 27110 11 5 108 i=~-~~~~~;:l::::i~ ::: u :i --:-::i: J li J I 2i i .. :. ~ ~fi~:::::::: ::::~~ :::: ---~~'l -~~-1--~----~-1-~~_11-~-1.-~---1 -1 : 1~ Mlsamts ___________ do ____ ~~2==~~~1~_!__!_~ TotaJ. ______________ 2,120111 1631181177 1,0741601 J866 i879 190 jns js,511 11 female European. Repo1U rteeltied of 'ln8CIM penmu liill1tfl in the wriowo pnwlnce1 of the .fllllippine lmmda to April ID, 190J.. Province. Race. • ~ e I ::I: Single. ~i:;. Total. § a 'Cl ~ -----~ &: iii~..:.:._ M. F. M.F. ll. F. ~~~~~~ =~~Jfi~: 5 g ~ J_ ~! !i d J ~~~ ~~~ g 10 .. 78 28 91 .. .,. Iloilo •••••• _____ do___ 98 91 24 10 24 21 6f 46 ------ 98 La Union-______ do___ 29 l& 1 2 10 4 16 10 l --- 29 lft~Fr:.~: ::::~~ ::: 7~ ~ ? --~- 11 ~ ": 4~ -~- -~- 7~ 7 -----do... 29 28 a ---- 7 8 22 17 ------ 29 •••••• do.__ 22 & l 6 18 4 ---------------- 22 •••••• do •• _ 8 8 l ---- 3 2 5 & ------ 8 ------dO--- 112 88 8 8 11 8 89 66 4 1 112 ______ do___ 89 86 8 6 22 20 61 56 --- 2 89 " • • .. m es ______ do___ 9 17 9 ____ 2 1 7 7 ------ 9 .. 17 .. .,. r.:ii.~~~-====3~=== : ~ ~ 1g ~ ~ : :: : r r. CaYlte ---------do... 28 23 6 1 7 9 20 8 ------ 28 .. .. 27 .. .. .. .. ------do... 86 36 7 5 13 11 18 17 ___ l 86 Ambos Ca- •••• do --- 73 62 6 4 19 16 60 87 --- 8 73 marines. • 62 t •• :..::::; iilllrni ij ~ 1 ! --'-ij ~ ~ ~~~ :i:~~i~ ij Bohol •••••••••• do___ 388 328 14 19 64 49 247 2M 18 11 888 1128 CeM ___________ do ••• 4411 886 14 18 68 &l 8&l 268 11 a 448 886 Nueva Viz- •••• do.. 4 5 1. ____ ---- a 4 1 --- ___ 4 6 caya TotaJ ___________ l,996 1,741199 130 4261878 1,8871, 581'6 1,996 1,741 i l ~ ~1~ i~t :e ~~ ie ! Ji -sB;i Province. Race. li ~ ~t . ~ "Is li ~ Ji li- t~I b • ] ] ~ a5 l~~ 31 & oo :> z z n-:::::::i_~!~s~n~_::::! 13 ~ ::::::_~~:::gJ • ____ _l _____ do ------ 26 108 129 ------ ____ do --- 93 88 =::::::!:::::i~ :::::: E 1 E ii: ~~~~~: ::::~ ::=----~- H ' do 22 121 143 __________ do___ 46 97 ----i·----do -----91 7 16 ---------do •• - 16 -------jjj~lj~~jj!~ jjjjj~ j l ] ::::i: ~~~~fi ~~~ -----~- ] ----'-----do______ 43 182 176 ----------do... 188 tn ____ 1 ••••• do______ 6 20 26 1 •••• do... 14 12 ---'-----do______ 181181 179 __________ do___ 88 91 ___ . ___ •• do______ 87 116 163 __________ do... 107 46 __ ._, _____ do______ 14 87 60 1 ____ do___ 48 8 :::!:::::~~:::::: ~~ = = ----~-::::3~::: :: : as ------- _____ do------ 3 83 86 ------ ___ do___ 12 24 r=worte::::::::~~:::::: ~ 1~ ~ ----i-::::S~::: 1~ U ~t).-i:::::: :::::~ :::::: 2'f 1~ lH ----~- ::::~~ ::: 6~ ft Ambos Cama- •••• -do------ 15 120 la& ------ •••• do___ 99 86 rlnes. Bohol--------- _____ do______ 49 617 6116 ------ ____ do... 618 u Cebu ---------- _____ do------ 130 GM 770 14 ____ do___ Mt 140 Nuev::=-~~-1-----dO------ ~S, ,O: a.roi-i~ ____ do ___ -~~~l,ll: i Chlneae,ms.1e. Smallpoz report/or JllanUa..frora April J lo ID. JSIU. BY JU.OE AND IBZ. ~:er1:::::::::::::::::::::::::::-::-:::-::--_:-::-::--_:-::-:::--:I· K~M,1 ~'\ Ftlr;fnos------------------------------------------------ 12 2 4H Chinese-------------------------------------------------- o O 1 o - - Total _____________________________________________ 16 3 6 l 446 OFFICIAL GAZETTE ftrttallp~ report/or Manila/rum .tpri'l 1to60, J.904--Contlnued. euea. De&Uu. San Nlcolu... ••.......••••••••••••••••.•.• ----------------------- o Tondo ---------------- ·----------------------------------------- 1 -------------·---------------------------------------- 0 ---------------------------------------------------- .. ----------------------------------------------------- 0 1 ~;::::::::=::::::::::=::::::::::::::::::::::::::::::::~~ Undcrlyear ••••• ---------------------------------------------2 2 ·~ 2 • • • f:io:to~~:::::::::::::::::::::::::::::::::::::::::::: From 20 to 30 Je&ll!I -------------------------------------------From."30 to to yean -------------------------------------------2 2 2 l l l • • 3 0 £e!t~-~~~~::::::~:::::::::::::::::::::::::::::::::::: Total----------------------------------------~------------ 13 7 Number of cases found "alhe" ---------------------------------------------- 18 Number of cues found ••dead"----------'"----------------------------------- 2 Total-------------------------------------------·----------------------- 18 .Epidendc of IAolera 1n. tlae dlJI o/ JlanUa and protibltt1from, Marek ID, 190!, fo Marclt/11,1904. Month. lllOll. M&reb---·-·--·------------------·-·-··---~;1_:::::::::::::::::::::::::::::::::::::::: June---------------------------------------i~-:::::::::::::::::::::::::::::::::::::: ~.:."."'.:::::::::::::::::::::::::::::::::::[ £:::::::::::::::~:.:::::::::::::::::::: January ___________________________________ _ :.."~~!..::::::::::::::::::::::::::::::::::: :!..~~-:::::.::·:::::::_-_:·:_:-:::.::·_-:-:_-_:::-_::: June ________________________________________ _ JulY----------------------------------------Allglll!lt _____________________________________ _ September----------·-----------------------Oetober ____________________________________ _ November----------------------------------December ----------------------------------190L Manila. Provtncea. c-. Doatho. """· De1.Ua1. 1118 •-----------------... 406 1,927 1,417 ... 442 2,407 1,181 601 492 &,204 ~= 1,808 l,~ ll:l!ll "" J:fi: '" l:;l ~::l 37 18,672 ... 2: i:;ri: '"'" .. "" 7 • ~~ ""' ' l 2,000 • • 1,900 1,124. .. .,, l,m l,~ ... 212 1,402 .. .. 3,661 .. ... .. .. 1&ri~ .. ... .. " ~= ... ... 4,618 1"1 118 2,681 1, ... 31 .. 1,119 '" H 13 ... 270 Ja.nuarf------------------------------------- 4 Iii 24 ~~-::::::::::::::::::::::::::::::::::: ~I o ~ 1~ Total---------------------------------15.58114,886"1160,670 105,076 Result& Sau.it.acy dlsb1cta. Males. m!r"es. Adulta. J:!.·. ~- Nep- Total. 1,776 1,266 ... "' ... ... 811& 1,787 a.a 1,111& 213 ... 717 694 ... 907 219 674 .., 351 237 Total ___________ 6,096 B.461 &,888 ... "' "' "' m 267 001 '·"' Uve. ttve. 318 2,312 ..... "' 1,187 1,712 .. 71' 788 "" 1,1"' 1,1179 ... 1,214 1,62< 232 ... ... ... ... 788 2,417 7,1140 10,047 Rqort of d&olm& oecurriag m J)r'Otdnet• in u,. Philippine Ialcmdl during the month o/April,1904. Total. Per Province and place. Cues. Deaths. CUes. 1 Deatha. cent. IAgu';;~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~ --~ ~ --~ ~ = B"6onic plague rt!portfor ManUa from. JCarcA 1 fo St, IINM. BY BACB .I.MD BU. ~·1~ tu"""":::::::::::::::::::::::::::::::::::::::::::::::: F.g I "~ I P. g "'=------------------·----------------------------- ·1·1 · Cbliieae..------------------------------------------------ 0 9 0 - - - TotolJ______________________________________________ 3 13 2 CU...PM .... ~~- -~--~loolu.____________________________________________________ 7 8 --------------------------------------------------------- 0 0 --------------------------------------------------------- 1 J ----------------------------------------------------- 2 2 ----------------------------------------------------- 0 0 ~=s~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--+. J: Total------------------------------------------------ " .. Number of C8lel found "&Jive'' ------------------------------------------- 10 Number of eua found "dead"--------------------------------------------- 6 Total------------------------------------------------------------ 16 OFFICIAL GAZETTE 447 WEATHER BUREAU. Date. Ra.In fall. Temperature; ~hvu';-i---~--W_l_n•,·------I Maximum. SunMean. Mu:imum. Minimum. m'l',.i~~.-. =8~~ T::1u~l.ly l---~--I shine. Force. Direction. BUREAU OF THE INSULAR TREASURER. Banco Elpa1£o£.F'ilfpino-Bal<ince shut for the mcmlh of .April, 1904, ........... LlabUIUea. Securities: Not.es and dlscount&~!f~~~C:c~-~:::::::::::::::: pm:=:~ 670,321.89 Loans secured by merebandisef!!!:f:~~~~~~~-~:::::::::::::::: 1~: ~~= Correct: JOAQUIN J. DE 1NCHAU3Tl1 Dirtclor in C~. ~~ :~ Pblllpptne cuneDCJ------------------------------- Pl,500,000.00 =D~I!!!.~-~~~:::::::::::::::::::::: p:i::: Depordta: Volun~=f:~'::e~~-~::::::::::: PS,910.00 9D,478.56 N-~fP~~~?-::::::::::: 19,:: Tlmo~~~u:~-~:::::::::::: ~:m:: 99,388.56 19,280.00 mi,928.27 Current account and aceepled checks- - - - Unlled81ata currency, 194,116. 'i6----------- 188, 283. 62 f::~::_e:ci~-~:::::::::::::::::::::::: 2.=:=:~ DITldenda Dot paid: Overdue --------------------------------------- 6, 10!!. OD Current----------------------------------------- 2,882.00 Bank notes In clrculaUonf!:fPC:~~~=-=::::::::::::::::::::::: ],~::=:= Prolt and IOIS •••••••••••••••••...........•.••••••••••••••••• ____ _ 1,0H,671.83 8,0l6,47S..95 8,9M>.OO l,85r5,842.50 74,058.81 8,8&8,3118.69 tcrn':::1 fn 1::-:~~~~~1~~-=:::::::::::::::::::::::::::::::::: fil: ~: ~ 9,258,367.20 J. SERRANO, Accounkrnt. 448 OFFICIAL GAZETTE BUREAU OF AGRICULTURE. Magmy cultivation in Memico. [Extract from a report received by the Bureau or Agriculture from the United States~n.sul nt Mazatlan, llexico.] By H. T. EDWARDS, }'iber Empert. INTRODUCl'ION. This valuable plant, while known for many years, has been cultiva~d in this Republic fo1· only a short time and bas since then developed into a very important agricultural 1md commercial product. The maguey plant, also called centul'y; yaxei, or henequin, is a species of the genus Agave. The fiber, afte1· being extracted, is generally known as sisal, ixtle, or henequin. This fiber is mostly shipped to the Unitt>d States, where it is manufactured into sacking, cordage, and binder twine, the llm•r qualities being used for making fancy hammocks and other similar articles. The maguey which is grown in the State of Yucatan is consill.ered more l'nluabl.e than that Jt'rown in other Ktates of this llepub· lic. The leaves are longer than those produced in other sections, and the Yucatan sisal, bccamw of its length, whitenes!l.. and strength, will bring, if packed separately, a much better price than that p1·oduced elsewhere. Yucatan leads. all the !oihlteti of Mexico in the production of the maguey plant. This new enterprise is ·making this state one of the wenltliiest in the Republic, and it is outstripping any simihu· industry in point of rapid increase. l1rogreso, the port from which nearl)' all tllP ixtlc for export from Yucatan is shipped, s.hows the exportation for the fiscal year 1901, a"s per consular reports, to amount to $8,110,571.60, United States gold, and for the fisCal yea1· l!J02, $12,802,655.21, being an increase of more than 50 per cent over the p1·cccding year. . 1\Ionterey, Saltillo, Tampico, San Luis Postosf, Ciudad Porfirio Diaz, and Mazatlan all export this fiber. Each year shows n. handsome increase. The estimated export from this Republic for the year will reach over $20,000,000. The official export of ixtle fiber, as published by the Mexican Journal of Commerce under date of August l, 1003, from all porbl of the Republic for the fiscal year 1002, amounted to $14,188.120, and fo1· the same period of 1903, $17,261,069.50. The maguey plant is found in its wild state in many of the states of Mexico. It thrives on poor, rocky lands where scar('("ly anything else will grow. The climatic conditions of :"l:lexico a1·c ve1·y favorable for the cultivation of nmguey; especially is this true near the coast, as here the 1·angcs of mountains form a protection for the young plants. Once planted and tlu·il'ing they will produce crops for many years. AgP will give them additional value as, when the leaves grow lai·ge1· and longer, the fiber ex· tracted will gain in fineness and strengt11. The life of the plant is from 8 to 20 years, depending on the species and the local con· ditions.. Great care should be taken i11 the selection of the young shoots f01· transplanting. These sprout from the old stock and arc ready for transplanting when llbout Iii inches high. The best time for transplanting is immediately before the eomnumcenumt of the rainy !l.eason, which begins here in July and ends in October. The young plants should be set out in straight rows, and should be not less than three feet apart. :So special care or cultivation is required, though occasional irrigation is bt>nefieial. It is necessary, also, to cut and destroy all large weeds. When the plant is from tlm~c to fotu• yea.rs old the longest leav~ can be cut. The cutting is done close to the trunk, the horny ends arc removed, and the lea\•es are then ready for the cleaning maehine. The maguey plant it very hardy and survives and increases where alnl.ost any other vegetation would fail. After being well rooted it can endure long periods of drought and will stand any amount of hot weather. Great care should be taken that th<! plants do not catch fire, as a fire once started in a. maguey plantation is l>ery difficult to check. No smoking by laborers should be allowed. The maguey pln.nt is best propagated from cuttings or suckers. These cuttings, if properly packed, can be shipped long distances and will arrive "in good condition. EXTRACTION OF FIBER. A machine for the extraction of magupy fiber, in general use and gil'ing l'Cl'.}' good satisfaction, is manufactured in :Ma7.atlan. This maehinc weighs 850 kilos, and cosbl, ready fol' shipment, $350. Mexican, and with cap or cover $450. lt will strip about i.000 lt'1lvcs in u clay of ten hours. which should yielll 14 arrobas of fiber. Presses for baling maguey are alim manufactured in M11zn.tlan. ThN1e presses weigh 850 pounds and cost $200. llexil"or use on large plantation!'!, machines known as ·the "Pl'ieto Automatic :Machine" and "the "La Estrella" are manuf~­ tnn•d in Paterson, :Sew ,Jen1ey. 'l'hcse machines will strip 60,000 h·1~\·1•s {laily, and <'Ost $2,000, gold. USES OF THE PLANT AND FIBER. The grl'en. fles.hy portion of the leaf, when dripped off from the ftber. furnishes a vn.luable feed for cattle and hogs. This material is l'ery fattening and is much relished by the animals. The rl'Siduc of the leaves, after the fiber has been extracted, is m1ed for making mescal, or tiquile, a fM·oritc native drink. This wniole mnterinl is first put in a press and a.II of the juice whi<:h it contnins ii; preAAed out. This juice is then put in a doublebottomcd copper kettle and thoroughly boiled. It is then allowed to fcmwnt, and wliatever scum a.ppea1·s· is removed. The retail priee for mescal is from $1 to $1.50, Mexican, per gallon, and the rost of production is from 35 to 40 cents per ga.llon. The dry material left after the leaves have been pressed may be fed to eattle an:I hogs. The stt•m ofter the leaves llll.l'e been remo,·ed is cut close to the ground, placed in a mill. and mashed to a. pulp' between stones. This. pulp ir;; traniifcrred to wooden tubs, mixed with water, and allowed to fel"ment for six days. After the expiration of this time the whole mass is placed in a copper kettle and, either by steam or direct fire. is thoroughly boiled. From this material alcohol is made. which costs to produce about 50 cents, and whicl1 sells at wholesale for about 85 cents per gn.llon. Rope and twine are manufactured from the maguey fiber by the nnth·es. Little or no machinery• il'i used for this work. A rC'ady market is found for the rope made by the nath·es. It is sold lo<·ally, and none is exported. DISPOSITION OF FIBER AND PROFITS. The sisal fiber of Yucatan and the neighboring states is nearl;v all shipped to New York. The fiber produced in Sinaloa is shippe1l to San Franeisco. where there is alway~ n good demand for s.isal. The average price in San F1:ancisco has been $140, gold, per ton, while in N"Pw York the average price hni:i exceeded $200 per ton. There Jmr;;. at nil tilnC!'I, been a rendy mnrkrt fo1• the fiber. Tlu:i ro..c;t of production, including all exprm1es. ready for ship1mmt. will not exered $75. gold. per ton. leal·ing a net profit of ol·er 100 per ('(>nt and making the cultivation of the maguey plant one of the mos.t profitablP. industries of this Republic. BUUEAU OF EDUCATION. Jtdt.•trnccd a11d post-graduate st11dies offered by tlic Pl1iUppine Yor· mrtl Brhool ;,, prepantlion for admissi01i tn America11 ooll<'!ft' a-nd m1i1:crsit.1J cnttrscs or to t11e Ut1iiiersit11 of the Philippim.>s. From thf' beginning of American rule in the Philippines it ha~ lK?en the definite pnrpos.e of tl1e Go\·ernment to establish a Phil· ippine university as soon as the time may be ripe. This university, OFFICIAL GAZETTE 449 when orgimizC!tl, will complete the system of public instruction designed for the people of these Islands-the municipal primary and the prorinciill secondary 11chools already in opcnition. The Government lms also i1mugunlted the policy of sending I•'ilipino students to the L'nited States to attend institutions of lellrning therf'. Those who ha\'C been sent, so far, have usually rote.red schoohi of n prcpttratory nature on account of their not h1n-ing recei\·cd the amount of preparation neccssuy for admit;. tanre to American colleges or unive1·sities. Jt is probable that in the near future only such students as are rt'ady to enter reputable American colleges will be sent to the Cnited States at Government expense. Mnny Filipino youths, however, other than those sent at Govcrm~ent expense, will desire to enter American institutions of higher learning, and also a large number will seek ac:lmission to the Philippine university. At present there is no institution in the Philippines in which the instruction is gi\"en in the l~ngliiih hmgunge that is offering work of a sufficiently advnncecl character to fit studcnbi to enter .\merican rollegcs. Tt is therefore proposed to offer in the Philip· pine Normal School <'Ourse11 of an advanced nature adequat.e for the attainment. of this purpose. Before unfolding the phm of thP Uurenu of Etlucntion the following brief <'Xphumtion of the clmrncter of the system of instruction founcl in the United States is considerccl nece!!isary: The syst<'m begins with the el<'lnenta1·y, 01·, as they are sometimes called, the primary and grammar !K'hooh:. Children of both sexes are admitted to these schools nt the age of 6 years. 'fhe primary and grammar school courSl"s cover a period of about eight years. Instruction is gin•n in reading, writing, spelling, composition. J?'rnmmar. ~,:traph,·. history of the Unitccl States, music, physiology and hygiene, aritbmct.ic, and often tbe simpler parts of algebra and ~metry. At the nirc of about 14. pupils who ha,·e completed successfully the work of U1c elementary schools are admitted to the high sel1ools. Public high schools, as well as the elemeRtary schools, arc open to both sexes. The private high schools, which are gencrall,· called "ucadcmies," may be coeducational or may be open to either boys or girls only. The \t'ork of the high school extends through a period of four years, and cluses are conducted in algebra, geometry, trigo· nometry, Latin, French, German, Spanish, a~d Greek, English literature, grammar, composition, and rhetoric. the elf'ments of physiology, physics, chemistry, botany, and zoology, and a fuller study of general history and history of the United States. Some high schools make a specialty of industrial work, and are called manual-training or technical high schools. These studies are grouped in courses, usualy t.ermed the clas· sicnl. the scientific, the literary. and commercial. the student selecting his course in accordance with what he expects to do after leaving the 11chool or with referenee to the course he will follow in college. The American high school gl"ants no degree, but gives a diploma. of graduation to students who do the required ft.mount of work in a satisfactory manner. The first institutions above the high school that are accustomed t.o give bachelor's degrees arc the colleges, the professional schools, and the institutes of technology. The colleges, which should not be confused with the schools of much lower grade in t.hc Philippines, known as "colegios," require four years' study in addition to the high·sehool courses before a. degree can be obtained. The professional school courses cover from three to 6xc years, at least, beyond t11e high school, and there is a grow· ing tendency among American students to postpone entering pro· fc.>ssional schools until after the completion of a four years' college <'ourse. The best professional schools, such as Harvard Law School, for example, require a full college course as a condition of admission. Some institutes of technology, in addition to 18314-7 gh·ing work lending to the bachelor's degree, direct r~ellr<'h work tlmt ranks with the scientific work of the best universitiC.!!. The courses offered in a college are mo1·e varied and more extended than those of the high school. Some students direct their attention princ:ip11lly to a study of the classics, and del"ote much of their time to Latin and Greek, others make ma.thematics or 11l•itm<·c• tht> b1111i11 of tlu•ir work; 11till others give the prefer· ence to literature and arts. All college students, however, are expected to cover a. considerable range of work outside the lines that occupy the great.er part of thcfr time, in order that they may nttain breadth of culture as well as proficiency in their special lines. Because no degree is given until the close of a course in college, this study is eallcd "undergraduate work." As a rule, the American student is about 22 years old before he receives his bachelor's degree. The majority of college student& aft.er obtaining their bachelor's degrees do not go on with their studies in higlwr in:oititutions, but instead enter business life immediately after leaving the college. Many institutions in Amel"ica, however, offer facilities for an indefinite amount of still more advanced work along the lines of original im·estiga.tion to students who have received the bachelor'11 clegrct'S. Advanced study of this character in such schools iK lmllcd "graduate work." On completion of at least tlm~e years of j?raduatc work, the degree "Doctor of Philosophy" (Ph. D.) i11 gh-en to such students as have attained results that add something to the world's stock of valuable knowledge. The degrees "Master of Arts" and "Master of Science" (M.A. or M. S.) are 11omctimes given in such institutions upon the completion of one ''Par of graduate study and the preparation of a thesis. Undergraduate work in colleges differs from graduate work, cspt><'ially in the earlier years, in being to a large ext.ent not origiul. It consists in familiarizing one's self with the knowledge that is the common heritage of the educated world. The student wl10 is looking forward to independent advanced work is occupied in attaining skill in the use of languages, ma.thematics, nRtural sciences, history, etc .. \Vhich subjects he will use as tools in his later work. Institutions making a specialty of graduate work are properly called universities. American universities, in addition to their graduate departments, usually include undergraduate colleges and professional schools in law, medicine. engineering, agriculture, etc., under the same management. Some institutions assume the name of university, although doing nothing hiJ?"her than undergraduate work. In such cases the name ifl used in a different sense and signifies an aggregation of colleges and professional schools. Most American colleges and universities receive both men and women as students on equal terms. Some of these institutions, however, are for men or for women exclusively. Many American universities are supported wholly or in part by public taxes and are known as State lmiversities. To this class belong such institutions as the State universities of Pennsylvania, Illinois, Indiana, California, etc. Other universities and most colleges are maintained by the incomes from, large gifts that at various times have been given by people interested in educational progress. Many of them are more or less allied to some clmreh, as the University of Chicago, in the management of which the Baptist denomination has numerous' representatives; or Notre Dame University, in Indiana. which is a. Roman Catholic organi· zation. Others, like Leland Stanford Junior University in California and all of the Stat.e universities, are entirely secular in their management and teachings. Most of the institutions tha.t attempt little more than college work are denominational ~~hools. Under headings I, TT, and III, below, is given additional infor450 OFFICIAL GAZETTE mation concerning typical American universities and colleges. 'fhel'e a.re more than 600 institutions of college and university rank in the United States. The numbe1· of students enro11ed in American schools a.nd col· leges, public and private, during the yeu1· 1901-2 was l7 ,460,000. Of this number there were enrolled in public institutions supported by taxation and funds belonging to States a.nd municipalities 16,041,016. Aftt>r this general explanation of the American system of edul'ation, attention is in\"ited, in the following paragraphs, to a cOnsiderntion of the steps to be taken to secure the preparation necessary for entrance to the better institutions of college rank in the l•nitt-<1 SttltPi<i. and to the provision made by the Bureau of Education of the Philippine11 for meeting the needR of the i.;ituatio11 here. In an American high school or academy preparation for college consists of dellnite quantities of work of a clearly defined quality. Values a1·c gh•en to the work in the different subjects, necording to the time and efl'ori requil't"d in mastering them. Thl'11c valuPs are called "units of credit," or simply "units." By use of these units a student's standing can be dett>rmined qmmtitn.th•ely. As a rule American collt>ges and universities in determining the danding of applicants for admission estimate the work rpquirt>d. for one unit of credit as the amount done in any gh·en imbjpct in 011e year in a high school with ft\•e lessons n. week. Four years of work in a high school by a student carrying four subjects at a time, if completed in a satisfactory manner, would supply sixteen units of credit for college entrance. As a matter of fact, fourtC<'n or fifteen units arc all that are requirPd for ad· mission to most eoltcges. Hence, a lligh·school student lms time to repeat some work that may ha\•e been done unsatisfactorily, or to do other work not required for college entrance. Otir Philippine provincial schools and the Normal School, as orgnnized at present, supply no more than nine of these units, t.he other subjects pursued belonging, under the Americnn system, to the "grade" or primary work. An examination of the regular course of study of the Philippine Normal School for the year 1904-5, as given on page 451, will show that work of increasing difficulty is not yet done in P\'Pry case by each class. The fourth-year class, for instn.nce, will do U1e same work in English as the third·year class. By the following year, however, each class will have its own work to do in each subject, differing from that done by any lower class. In the course of study for the year 1905-6 one unit of general history, one of history and civil government of the United States, two of mathematics, two of English, tb1·ee of science (which may be selected from physiography, chemistry, physics, botany, and zoology), can properly be classed among the units necessary for college entrance. All work done in the third and fourth years of the regular course. is of American high·sehool grade, a.nd, with the exception of the course in professional training, will supply units for college entrance. A two-year course1 of work preparatory for college entrance in addition to the course required for graduation, is outlined on page 451. It will be noticed that seven units of work are pro· \ided for each year. Of the seven, each student may select, with the advice of his instructors, the four which he should carry. It is by no means required that the course, when this point is reached, be the same for all students. Furthermore, it is to be expected. that some parts of those hvo years of work can be credited upon the books of the University of the Philippines, when that institution is opened, since the admission requirements at the University of the PhiJippines will be probably lower than those of an American university, at least for a time. The other parts should satisfy entrance requirements in that institution. 1 Four ~·cars' work in Latin Is oltercd now, but In a year or two students may be required to secure Latin I and II before entering the advanced counc In the Normal School. Thus, such a course as is being cliscusi;ed would benetit alike stu· dents intending to go to America and those expecting to enter the Philippine University. J.<'rom the subjects olf Pred 1~t the Philippine Norma.I School, in the regular and in the advanced. or post·graduate courses, selections may hr. made which will prepare 5Studcnts to enter almost any college course in the United States, excepting the clusicn.I cours.r, which calls for Grl'Ck. A few rastern institutiom1, like HtU'\'llrd and Yale, relJUirc an exCPptional amount of prepnratory work. To obtain credit at an American university for any work clone in tlu~ Philippines it will be necessary for a student to pass tl1e rntrance rxumination in the subjects at the college or university to which he applies for admission. T .. aboratory notebooks written in the preparatory school arP 11ometimes required for inspec· tion before credit for seirnC'I! work will he given. There arc but few Amf'ric1m univf'l·sities that require lAltin for c>ntrnncc to nil eom·.seK, but when it is offered at all by the candidate- for l"ntranCf', he is. c:<pl'Ctrcl to havti fitucliPd it for at least two ~·1•ars. Manr collrbl"t' com·srK l"N)Uirn four yea.rs of preparatory Latin. Spanish is acet'ptahlP nt Amrricnn universities 11s nn optionnl s.nbject. The first )'l'Hr of 81mnish in the Normal School course of study is placf'd in brackets, since it is expected. that nearly all Filipino students. rntering this course will be able to review everything included in "First Year Spanish," and complete "Second Year Spanish" in one yen1· of study. Thus, in the case of Spanish, many students should be able to get credit for two units with but one year of work. The Normal School year is divided into two terms, or half years. For the school year 1904-5 the first term will begin June 13, J004, ancl close October 28, 1904. 'l'hc second term will begin October 31, 1004, and close March 31, 1005. In the second term will occur the holiday vacation, for which the school will close D(.'('ember 23, 1004. 'l'he sessions will n'Sume January 9, 1905. A class in any course of the advancecl work will be organized at the beginning of either ha.If year, provided five students qualified to do the work apply for admission. Qualiticcl persons desir· ing thus to prepare for college cntran~, c\·rn though not intending to become trachers, will be admitted not onl.v to the classes in tbc advanced cours~. but also, as specii1.I Ktudents, to such of the regular classes of the Philippine Normal School as may be advisable. Below is given the regular course of study for the Normal School for the year Hl04-5, \Vi th some suggestions . as to what changes mny be expected in the following year. Following this are the advanced or post graduate courses that are offered for prepa1·ution to college or university: Ot:TLINE OF WORK TO BE GIVEN IN THE REGULAR COURSE IN THE PHILIPPINE NORlfAL SCHOOL IN THE YEAR 1004.-5. English.-Five lessons per week. Stories of the East; Old Greek Stories; Baldwin's Story of Ulysses; selections from Stepping Stones Nos. 4 and 5; Arabian Nights; Robinson Crusoe (complete edition); phonics, oral grammar, and composition. Arith,n.eiic.-Milne's Standard, through decimals. Practical problems to be solved by analysis. (In 1905-6, to percentage.) Geography.-Oral instruction in political, commercial, and elementary physical geography of the Philippines. Frye's Philippine Geography used in study of local and general geography. United Sta.tea liistory.-Elementary study in such books as Montgomery or Blaisdell. Dro.u..-ing.---Oral instruction in drawing from objects, such as geometrical figures, plants, casts, etc. The purpose of the course is mainly to prepare students fOr the free·hand work required in the laboratories after the first year. Vocal music.-Normal Reader, second book. OFFICIAL GAZETTE 451 f.'11glisl1.-Lit<>rnturc, liw lc81mns per Wffk. Robinson Crusoe (l·ompletc edit.ion); llawthorne's \\"omh•r Book and 'fanglcwootl Tnle"; frving's 8k1•ll-hbook; .fi'ranklin'li .\11Lobiogr11-phy; Sc11d1ll'r's \\"nshington; l;:kolt'.i ln111h0t•; gr11111111i11· (Lwo fossom1 pe1· wt•Pk), with text-book. .lrithmetic.-l\lilnt>',; Sllm1.hml, 1·11mplt•l1•1l. In rnoa-o, ul~rehra lo factoring will be tnkl'll in 111•co11d h111f. (h:ogropl1y-Pliysiml, pulitim1I, t1111J. 1:01111u.erci,a/ .• -Tan and Mcl\Iun·oy, two-book sl'l'it'>'; Dr~·t•r'l! Phy,,ical nnd the Natural Advanced Oeogrnphy, thwcl for rcfrre1w1• and us supplementnry books. Mueh attention ii; 1.d\'l'll to snnd uml clmlk motlcling in the study of 1·clief. Philippi11e histor.v.-Hlmly of nolt•s und lc1·tnrC'11 on matel'ial lnken from original sourt·t•s. with frm(lll'llt n•dtntions and written trsts. K11app's Story of the Philippines anti otlwr t1n1:t-books tbut will appear duri11g thl' )"l'lll" will IM• u~d for 1·0111p11riso11 and as s11ppleme11Uuy hooks. . Xaturc 8l11dy.-Study of fi>~h. plant". nnd im-11•1·t·l'I. with Uw aid of dissreting mit"roscopc•s. as u pn·pnrntion fol' the 1•0111·st's in botany and :r.oUlogy in tlw lnlt•r :\"1'11rs. .Mm·h drill in 1·1•cortling rt>sulls of obst"l'\"ations. Pliysiolog.11 a11d Jiyyin1c.-Thr<'t> l1•ssons per m•t·k. J.ectul'es, simple t>xpt>l'iments, and l'rrih1tio111'1. Suitnhlt> t1•xt·hooks will be introdnC"ed. H11ylish l.-Literatur1•. fin• lt'ssons fll'I" wrt>k. lliinmthn; l~\'llll­ '-"'lille; h"1111hol'; Ln"t of the ~lohic·nns; 8hukP"Jlt'1tr1•'" .Juli11>1 < "resur, l'll-. ::\forr work will be gh·t>n in l!JO.j-6. .llathemalicR I (begun).--llilnt>'s High 1-Mwol .·\l1->"1-l1ra to 11mulrnti1·s. (In 1005-6. 11lwlm1 through 1111a1lrnti1·>:1.) Pl19siogru'1,hy.-Same book" for n•fl'l"t>IM• 11s in St't·ontl yr11r w·.ogr11ph~·· J.ectures und n•c·it11tioni'I, /Ii.dory /.-lfarnes' Gt>1wr11l llil'ltory. fin• lrsimn,; Jll'l" Wt't•k. /fota11y.-:m('me11tory work. bnst'tl t•hi1•1\y upon 1•1·011omi1· plirnts of the ]'hilippi111• Islands. {'hemish·_11.-A well-storkt•d hlhorntory will be iustnllt'cl during the year. Jn HJ05-6 11. year'" work in elt>m1>11t11ry c•ht>mi8b~· will he offered, and the student, with tlw ad\·i1·e of the in8tructors, may elect lhis subjt>Ct insh·11d of hohm~·. Both studil's umy not be 1·111Tied at tl1e same time. B119lisll I. ·-Same as in thil'd y1•11r, l~nglish 1 I will Ill' sub· stituted in 1905-6. ;Jfathemulics I (complell•tl).-llihw's lligh 81'hool .;\lgebr111·on· tinued thl"ough 11uudrntics. Jlutliematics 11 (bt'gUn).-111 l!JO-l-5 ahont on1•·l111lf ~·ear's work in plane geometry will follow tiw l'Olllpletion of thr rcqniretl work in ulgebrn. (Jn Hltl;i-6 11 yc•;ll''s work in pl11m• l,'l'Onwtrr will hc• given.) P/tysics.-Lreturt's. r1•1•iti1tions. and lahontt.ol'~· p1·111·ti1 .... fh·e h•s· ~ons per Wt!ek, throughout tlw ~·1•111·. llondh·~·'" Bl'it•f ('0111·,;1• in Physies will br used 11s text. Zoology.-.\ foetur1• nnd luborntory course, continuing through the year, will be giwn. und rhoic-1• will bt> made lwtwl'ell thil'I nnd tilt' course in physit·s. History 1/.-L"nitt-cl Hta~s History and Ci\"i) Gm·ernment; l\frl\Iast1•1·'s School I-listor~· of tlw l"nitc•d States nml Thomas' School Uidory of the l'nitt•d States will both be 1\!~t'd. :\hwh outside nllllf'rial will be introdm•ed. Professio1wl trai11i11g.-Teiu·hin).I'. obsl'n·lng work. and discui;sing methods of te1whi11g with th1• criti1· tead1e1· two fortr·minute pel"iod~ each day, .\s some of tht• 1·011r1w!I indil'11t.t•cl alm\"1• lul\"t> brt•n iu.;uffieirntly described. a. fnlll'l" d1•s1•ription is prt>st>Utt>t\ hl'l·1• of 11 pol'tion of the 1•oursC's tlm t ma~· l'Olmt for units: .llcltl1ematir11 (m14! unit ).--Hig-h·sc·hunl al~t>hrn t.l1ro11~h quucl· ratics includes the fom· fundamental operations, thorough drill in fuctoring, highest common factor, least common multiple, and complex fractions, simple equations of one or SC\'eral unknow•1 11uantities, radicals and fractional exponents, and quadiutie equations in one and two unknown quantities. Matliem.atics II (01tc unie).-Pla.ne geometry: ( 1) Demonst1·11tion~ of the fundamental theorems relating to lines, angles, triu11gles. 11uudl"iluterahs, regular polygons, and the ch-cle; (2) constl'llctions and demonstration8 of 11 large number of p1·oblems; (3) the solution of numerical exercises relating to the length of lines and areas of the triangle, pa1·allelogram, trapezoid, regular polygons, and the cirele. E1igliali I cind II (011.c tmit eacl1).-The work of these two rourses inrnlws a thorough acquaintance with the following works or their e<1nivalents, together with a p1·actic11I knowledge of gram· 111a1· and the fundamentul principles of rhetoric, implied in such aequaint1111ct>: (l) The Lady of the Lake; (2) Ivanhoe or the Alhambra; (:I) 'l'he Dest Dallads, Heroic J~ays, and Poems of Xation111ity-i11 all about 1,500 lines; (4) Classic Myths; (5) the following poems: The Deserted Village; The Cotter's Saturday Night; Tum O'Shanter; The Ancient .Muriner; The Prisoner of Chillon (or selections from Childe Harold); Horatius; Snow lfound; (6) The MercJiunt of Venice; (7) Julius Cmsar; (8) J.~~i;ays and Addresses: Emerson's The 1''ortune of the Republic; The Amerienn Scholar; Lowell's Democracy; Uncoln (two for .;tudy and one for 1·eading), Pligsiography (otw unit).-Under this title ure included the fol· lowing subject11: The ea1·th 11s a member of the solar system. The atm1n;phere--its nuture, te1nperature, pressure, moistm·e, 1111d precipitution, t·hculution, storms, weather, elhnute. The occuns-forn1 and b"l!lleral characteristics, life within the oce111111, WU.\"Cl!, eunents, tides. 'fhe lands--dii;tribution, stl"ucture, processes of denm1ati•m and l"llCOll.itrm·tion 11nd the resulting topographic features, such os pl11ins, 1,lutc•11us, mountain.!!, valleys, hills, volcanoes. Uf1• on the carth-inflnencr of nature on man, influence of 1111111 on m1tur1•. ADVANCELI OR l'Ol'IT·GRADUATE COURSES OFFERED IN THE PHILIPPINE XOK)IAI. l'ICllOOL. J.~nglish III. Mathematics III .. Latin I. Latin Ill. French I. German I. English IV. Mathematir.s JV. I.a.tin II. La.tin JV. French II. German II. [Hpa1~isli I (011e unit <.'fleh)-Bpanish 11.J f:nylish Ill a11d /F.-ln view of the fact that English ll, which bclon~>"IS to the regulur course, will not be gh·en until the yeur 1905-6, a detailed stutcment of what will be included in the lutl'r murses will not be made at the present timt'. Mathematics Ill (one unit).-SOlid geometry (one-half unit): As in plane geometry there is 1"t:•quired. in additio1~ to the tll'monstrntion of the fundamt>ntal 1n·opoi'litionl'I, construction,;. demonstrations of problems, and the solutions of numerical exercises. Plnm• trigonomt'tr;v {om•·lmlf unit): The de\"t>lopment of thr general formul~ of plane trigonometry 'with applications to the solutioni'I of plane trian:.rlrs, nncl tlll' measurement of heights and distances. .llathemalics IY (011c tmHJ.-Late1· chapters in elf'mt>ntar;v 11lgc•bra. These include ratio and proportion; arithmetical, geometrit·al, aml harmonic progrt>ssions; 11n rlementar;v treatment of permutation!! nnd combinations; thr binomial theorrm for posith·e integral exponents; the use of logarithms; inequulitit>s: the elementary trm1tmt'nt of inti nit<' srrit>!i.: undrtt•rmi11t>11 C'OPffi452 OFFICIAL GAZETTE eients; the binomial theorem for fractional and negath·c e1q>0· nents; the theory of logarithms; determ.in&Dts; and the elemenb of the theo1·y of equ.1tion~. Lati,i I (orie unit).-Latin leRSons, a<'Comp1rnied by the reading of simple sre1ections. Easy reading-twenty to thirty pagea of t.'011:.l'cUtive text. ln all w1·iUen cxcrcii;l':i the long \·oweb shoulJ be marked, 11.nd in all oral exereiises pnins s11ouhl be tukeu to lllllke the pronunciation conform to the quantities. '!'he student should be trained from the beginning to grasp the mc1111ing of the Latin before translating, and then to render it into idiomatic J~nglisl1, and should be t.aught to Fl"Ud Lntin 1iloud with intelligent expres11ion. IJatin II (cme m1it).-Selection frolll Crosnr's Gallic \V1u· eqnh•alent in amount to four or five books. The equivnlent of at least one period 11 wef'k i11 propo:.1e composition bnsed on Caesar. Reading aloud and iranshlting, together with coneci methods of 11pp1-ehending the author'!!. meaning, both prc1mred und tmprepared. · Latin III and IY (one u11it eack) .-Selections from Sallust's Catiline; Cicero, six orntions (including the De Imperio Cn. Pompii); Ovid, 500 to 1,500 \"el'st>s; Virgil'>\ .-l~m~id, six booki.;. The equivalent of at least one period u week in prnise compo~ition based on Cicero. Heading of I.a.tin aloud. The memorizing of !'!elected passages. Jt'renck l (orie unit).-During the fir!>li two months an illus· trated text of the degri>e of simplicity of \\"ornum's Fin.i Ucuder will be slowly read. The re1tding book will be used m1 follow!>I: The pupil will read a sentence aloud. Thrn the te11che1· will put this sentence in an interrogath·e form, or make other \"ariatiom~ upon it, and the pupil will rep!~· in French, using the words and constructions just read. Thus, e\'ery sentence, and latt>r e\•ery paragrnph, will form the basis of an oral exerci:st•. Dictations will be given at frequent intervals. (;i.;mtlly the passage for dictation will be selected from the rende1·, and will consist of the reading lesson for the following day. During the first two months the grammar wo1·k will t.'Onsist of rules and conjugations suggested by the simpll' text rl'1ul. Thl':o&1! rulei:s and conjug11tions will be dictated or put upon tlw bfack· bo;u·d by the teacher and consigned to the pupi11>' noicbooks. 'l'hf' rontents of these notebooks will be rl"Viewed frequently. From the beginning stress will be laid upon the ml'morizing of easy selections as an efficient me11n!li not only of widening the vocabulary but also of acquiring n correct pronunciation. At the end of two months a slightly more difficult reading book will be undertaken and a grammar as.signed for stud}'· Constant drill will be gi\'en on the essentials of grnmmar, such Ill> the 1·cgular conjugations, the common irregular verbs,. 11nd the prin· cipal rules of syntax. The reading lessons will be conducted in the same manner Ill! at first, but at a more rapid rllte of progreiss. It is planned to read about 250 1iages of French in thl• C'las;!i room this year. The class room exercises will be conducted in l"r<"nch !iO fnr ll!i the degree of p1·01iciency of tlw pupils will allow. French ll (orie unit),....'..-During thhi }"l'llr the 1mpil'" knowledge of grammar will be re\'iewed and widened. The gmmmar used in the class room will be an elementary work wl"itU•n in tlw French language, but this book will be supplemented b~· topical rcfr•renet>!i to fuller workH written in English ~r Spanish. The rending books will be modern liU!raturc of moderate diliiculty, iselected partly for their intl"insic \"alue and partly for their class-room arnilnbility as mntl'rinl for writt~m l'Xercises. As writing French is considered essential to the ae<1uir(•mcnt of accuracy in its UMl', when tlw lrarnl'r is studying that language undl'r the disad\·antab"t' of not lh·ing under French 11urroundings, nt )('ast two of till' fiw periodi.; pf'r Wl'f'k will bf' dl•\"Otcd to com))()!o;ition work. This work will us1u11ly ht! bmwd on the rending book. During the second ha.If of the year the written exercises will sometimes be based on the articles selected from high-grade French magazines of tlm degree of difficulty of ''L'lllustra.tion" nnd introduced into the class room for reading nnd dfa;cussion in 1''rencb. Students who give proof of exceptional ability will be encour· aged to undertake supplementary readings under ihe i:supervision of the teacher. During this year the clnss·room ex .. rcises will be condneil'd almost entirely in French. In the last month of this year, the teacher will give a series of _informal talks on the .French la11gu11.bre and literatul"C, with two objecth·e points in mind: fin~t, io put the pupil in possession of those commonplaces of knowledge about French which every educ1Lted man is expected to have; and !>lccondly, to enable those students who intend to pursue their .French studies furtlier to choose their particular field intelligently. Gerntan l .(one unit).-Careful lh·ill on pronouneiation. The memorizing and frCt1uent repetition of easy colloquial i:sentenCCJJ. Drill upon the rudimentli of grammar-that is, upon the inflec· tion of tlie articles, of !IUCh nouns 1LS bl'long to the languab"" of e\'eryday life, of adjectives, pl"onouns, weak verbs, and the more usual strong verbs; also upon the use of the 11101-e simple prepo· !>iitions, the simpler uses of the mod.a.I auxiliariel!i, and the cle· nwntary rule1> of syntax and word order. Abundant easy exercises designed not only to fix in mind the forms and pl"inciple1:1 of gr11111111a1·, but also to cultivate readines1:1 in the natuml forn1s of cxprt.>Ssion. The reading of from 75 to JOO pages of grndun.ted texts from a 1·eader, wiih constant practice in translating into Gel"man euy rnriations upon sentences selected from tl1e reading lesson (the teacher giving the English), and in the 1·eproduction from memory of sentcncel!i previously read. German ll (one unit).-The reacling of from 150 to 200 pages of literature in the form of euy !>iiories und ph.lys. Accompanying practice, us. bcfo1·e, in the t1·anslation into German of eusy \•ariatiolll!i of the matter rend, and also in the offhand 1"eproductio11, sometimes orally and sometimes in writing, of the substance of selected passages. Continued drill in the rudimenb:I of tile gramma1·, directed to ends of enubling the pupil, first, io use his knowledge with facility in the fornui.tion of sentences, and secondly, to state his knowledge <·orrectly in the technical language of grammar. ~panis/t ll (two units).-lt is expected that the students taki11g this course will have had a year's Spanish in the provincial secondary schools or its e11uh·11lcnt elsewhere. A rapid review of the work of the fh·st ~-ea1· may be undertaken at the beginning of the course. Rcading.-During the first two months Al11reon's "El Capitan Veneno" will be read and discussed in Spanish in class. This work will be followed by the reading of ·'Doiia. Perfecta," a mod· ern drama, and a third no,·el. The student will be expected to isupplement the work in class by availing himself of the .local facilitie!l> for learning Spanish, such as are olfered by the local Spanish press and by the law courts, or he may substitute for this outside work the reading of at least 200 pages of modem 8panisb besides the works dhicussed in class. Tlu·ee pel"iods per week will be devoted to the reading WQl-k. (Jt-am1nar and written co11iposilion.-The Spanish Royal Acadrm~·',.; "Compendio de In Gramntica Ca!>!tellnna Dispuesto para la 8egundn Ensciianza" will be used llftl'r the sec·ond month. Such expansions and omissions us are nee<'!olsnry to adapt this work to the needs of non·SJlllninrds will be mude by till' instructor. This cour!le will ht• l'ondncted almost entia·l'I,· in Spanish. Two periods pt>r wcl'k will IN• d1•\·ott>d to J!mn1111111· :11111 l'Omposition throughout the ~-car. OFFICIAL GAZETTE 45a CITY OF MANILA. Department of Police. ::\IA.NILA, 1>. I., Mo,y 13, 190..f. SIR: In tf'spon!W to your request of the 4th instant I ha\'e the honor to furnhih yon ht>rcwith statistical information l'ODcerning the working~ of the Department of Poli(!(>, whi('h you desil"e for publication in the OOicial G11zette. 'fhe material included in the following statements l'O\"CtA the month of Ap1·i1, 1904, as com· pared with the prc\·ious month of the same yea.1'. It is os com· plete ns thP records of the Department will admit. /Vport qf priioiurlif apprthn«lld by the 10,Jlire Deparlmerl/ during thr 1H011tk qf AJ»'il. ASStlUlt...................................................................... 3i Accessorrtorobl>ery .......•..••••••••••••••• ------------------------------- l Adultery----------------------·---·--···----------~------------------------- 1~ !:!~11f~1~ ~!~l~~e \\·e&Poti:::::::::::::::::::::::::::::::::::::::::::::::: s Abduction •• _.---·-·::::::::::::::::::::::::::::::::::::::::::::::::::::::::: J -------------------------------------------------------------- 16 --------------------········------------------------------------- I -----ii-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .a~ If t &~~~~;;11rnm~)~::~===:=~:~)~~~m~~m~~~~~~==~m~~~ ! Insane----------------------------------------------------------------------- .a ~8?rJ;:~:::::~=~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1 ------------------------------------------------------ l3 1iouse·:::::::::::::::::::::::::::::::::::::::::::::::: :: me------------------------------------------------ 3 ------------------------------------------------------ 2 cam·tng a weapon wl.ib.OUt&Uib.OJ.ii); :::::::::::::::::::::::::::::::::::::: 74 J Drunk nnd disorderly •••••• -----------------···-----------------------------Dilorderl)" conduct _______________________________________________ ·---------- 124 D~rtlon •••••••••••••• :::::::::::::::::::::::::::::::::::::::::::::::::::::: 1~ ------------------------------------·----------------- 5 ------------------------------------------------------ 28 ------------------------------------------------------ 6 14 ' ------------------------------------------------------ 2 ------------------------------------------------------ 2'l7 ------------------------------------------------------ Ji; I • 6 ----------------------------------------- 2 \1i8i"iOO::::::::::::::::::::::::::::::::::: ~i --------------------------------------------- 2 -----------··--------------------------------- 82 ' I 5 • I • I ----------------------------------------------------- 2 ----------------------------------------------------- 2 IO 2 ------------------------------------------------------ 1 3 32 I ,. on 0 ~~~~[~;~~:~:~:~~~~~:~~:~~~~~~~~:~:~:::~::::::::rn~:: ~ mi of building regulations-------------·····-----------------·-------~ Total •••••••••••••••••••••••••••••..•••••••••••••• _ ••••••••••••••••••••• 1.123 RECAPITULATION. Enllated men or tile t.:nlted States ArmY-----------------------------------Enllsted men of the United States Nav)" -----------------------------------The foregoing t'll8eS bei11g brought befo1-e \'llrious courts, chiefly the Munieiplll Court of tht' l'ity of Mllnila, resulted in----------------------------------------------------··-····· IW3 -ues-::::::::::::::::::::::::::::::::::::::::::::::::::~:::: .. .. .. 47 ' ' Tota.I __________________________________________________________________ 1,123 The rerordM for the month of March, 1904, show 1,650 a.nests, 1,4111 of whom were 11111leK and 2:i4 ft>mlllt's; ulso 3i being enlisted men of the United States Army und N1u·y. By nationality they we1-e as follows: Amerlcan.s----------------------------------------------------------------- 146 ~r~:s~_s:_:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1, 21: Europeans ------------------------------------------------------------------ 17 Chinamen.__________________________________________________________________ 249 ~E:~~c~~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ii Total __________________________________________________________________ 1,650 The number of arre1o1bi durjng the month of April, 1004, show a del~re11Ke of 5~j from the month of Mu.rch, 1904, and a decrea.se of 5li from the correMpondiog month of l111tt year. A large number of the a.tl"C.Dts maclt' by this dep11rtu1ent lll"e on the charge of gllDlbling, which is confined almost exclusively to the natives, thus accounting for the large number of females nported. Nmn· her of at·cidents reported dnring the month, 51. Very respel'tfuJly, E. S. LUTHI, Actilly nhie( of Police, 'fhe EDITOR OF TllE 0FFIC'IA.L UA.7.ETTE. 1''ire Deprwtmen.t. MANILA, P. 1., May 3, 190,f. GENTLEMEN: I have tlw b011or to submit the following report of operations of this J>epnrtmt'Dt during the month of April, 1904: FIRES. April :1. Alarm from box 243 at 8.IG a. m. One-story nipa building at 4i2 Nue\·a, Malate, occupied by Joe l!"'ineh 11s a residence. Overturned lamp. Damage to buiiding, $100; to stock, $100. Verbal alarm at 4.50 p. m., April 3. One-story woodt'll building at 11 Alcali1, Santa Cruz, occupied by the Jt'h-e Department as a blaCksmith shop. Rubbish catching fire in 1·ellr of 8hop, supp08cdly from lighted cignr or cigarette. Damage to building, $5; no damage to stock. April 4. Alarm from box 135 at i.09 p. m. Two-story stone and wood building a.t 146 Sa.nta Lucia, Intramuros, occupied by Maria Garcia us a residence. Chimney burning out. No damage. April 5. Alarm from box 12 at 9.30 p. m. Two-story stone and wood building at 24 Iola. del Romero, Quiapo, occupied by Baisilia de Garcia as a residence. Lamp explosion, Damage to building, $1 ; no damage to stock. lf11.lcs _______________________________________________________________________ _ Females ____________________________________________________________________ _ April 11. Ala.rm from box 4.1 11.t 3.40 a. m. Two-story stone and 9&i wood building at I i9 to 197 Estero Binondo, occupied by val"ious 136 Chinese as oil factory, bakery, sto1-es, and dwelling. \Vood catch· ing fire nea1· oven. Extended to 199-201 Estero Binondo, 19-31 Mercado, 5-17 Mercado, and 173 Eotero Dinondo. Total damage 83 to building and stock, $34,885. Total ..•.. ------------·-·········--------------···-····---------------- 1,123 DY NATIONl.l.JTY, AmerlC?.11.J11 __________________________________________________________________ _ ~J,~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Europeans __________________________________________________________________ _ Chinamen __________________________________________________________________ _ Jnpanesc -------------------------------------------------------------------F.lultlndlana ________________________________________________________________ _ 2 April 18. Verbal alarm at 8 a. JU., April 19. 'fwo-sto1·y wooden ~ building at custom-hom1e, occupied by United States Government I~ as office. Cigarette thrown among rubbish, .Damagt- to building, 2 $5; 110 damage to stock. Total-----------------------·················-----------------------·-- 1,123 April 21. Alarm from box 54 at 2.06 p. m. One-story wood and 454 OFFICIAL GAZETTE nipa building at 343 'fimbugan, Santa. Cruz, occupied by JOSI! Munoz as a residence; kitchen sto\·e catching 011 side of house. Uaumgc to building, $250, totnl loss; to stock, $100. Extended to 44 houses adjoining on Timlmgun, Cerv11.ntes, Mayluiligue, and Requessen. Total loss to buildings, $1,750; io prnpe1·ty, $1,000. April :!I. Verbal alarm by o. policeman at 8 a. m. One-story nipti building at 103 Gagalangin, Tondo, occupied by l!'rancisco Sandin as a 1·esidenc>e. Cigarette catching fire. to house. No damage. . April 29. Alarm from· box 13 at 9.08 p. m. 'l'wo-i;Lory stone and frame building at 98 Escolta, Binondo, occupied by Llavo1·e & Tuyet as a bazaar. Cause unknown. Damage to buildings, $4,000; to stock, $15,000. Extended to 104 and 110 Escolta. April 30. Alarm from box 27 at 7 .52 p. m. Two·sto1y stoue and frame building at 97 San 1''ermrndo, S1tn Nicohls, occupied by Lee Voo as a residence and shop. Lamp explosion. Damage to contents, $2.50; no damage to building. 'fatal damages, $5i,108.60. l'ERSONNEJ., The following changes lun·e hl•tm made in the "4.•purtmcnt during the month of April, 1904: Uai11s.-Probationnl appointments: Apl'il 5, l•'l'cderick Chasse, fireman, first c1a.ss; April 5, William !<'. Daubc1·, ffrcman, lirst. class; April 8, Frank\\" . .Matthews, fireman, first class; April llJ, Willal'd B. Evans, fireman, lil'lSt class; Ap1·i1 23, Charles 8. Schlosser, clerk. Temporary appointuwnt: Apl'il ~3, l•'redel'ick U. Timm, fi1·emnn, first class. Lasses.-Dismissed: April 5, ,Jw;eph P. Trainer, e11gineer, fh·st clus; April 8, Chal'leg H. T1·a,·is, lircuum, lirst. clm1s; At)J'il ti, Philip H. ~ndes, tirenum, fil'St class; April li, 1!!1·11e>Jt \\". lAl.ra· way, lfrcman, first class; Apl'il ~~. l<'rederick U. Timm, clm·k; April 29, Edwanl. D. Wood, fircnurn, first cluss. Promatfo11s.-April 1, J.t'rnnk \\'. Schenck, fil'lmurn, lirst class, class A to class 10. J#EPAlKS A.NI.I )(AlNTENANl'E TO t'lKE STA'l'IOXN. San Nicolas Fire Station: One seat in clol!iiet in bnthrnom and drain pipe to the ul'inal re1>aired. Tanduay 1''ire Station: The new built.ling unde1· 1.'011,.tnwLion is progressing rapidly and ne11ri11g <.'<>mpletion. REl'AIRS A:"D llAlNTJ:o;NANCE OF APl'AUATUS. Engine Company No. l: Uepahed Lwo lengths of ho.re and a closet scat. Engine Company No. 2: Hepairf'd harness, two lengths of hose, 1111d a halter; put up bru .. pole and pulled down stool pole. Engine Com1mny No. :1: Uepuired engine. Engine Company Xo. 4: Hl•paircd heuter, 1111d mud gunrd of hose wagon. Chemical Engine Company No. 2: Repaired engine and bridle. Chemical Engine Company Xo. 3: Rcpail'ed ha Itel'. Repaired one gong for Hook nnd Lndcll"r :Xo. 2, 011e bit for Chemical No. 4. DJ.ACKSlllTJll);(i, Horseshoeing: Ffre Depai·tment, 32 hor11es; Police Department, 10 horses; total, 48 horses. Pony shm•ing: Fire Dep11rtnwnt. 11 ponil"s. Time at shoeing, 90 hours; general work, 18 hours; total. 180 honr8. A11rll 4, April 6, April 19, April27, April'J.7, April'J.7, ;\prilXl, April:lll, April'J.9, April'J.9, Fines. "" 50 ···-····--··----- 100 'J..i 'J.;j :,!.i .. "' i'..O .. Tot.al ••••••••••••••••••••••••••••••• "--····---------·-········-·····--- 471'1 ELECTRICAL DKANCJI. lnslalletl 1:1 telephones in City Hall. Installed 100-drop telephone switchboard with 28 connection!:>. Built new line from corner of l'alll' Arrocerns and Concepcion to Germinal ciga1· factory. Changed cable box and cable pole 11t Parian tmlk'f'. Made tlm usu a I l-epuirs on tire and police nhu·m. fal!iiued 140 permits for installation;; und 88 certificates of inspection. Collected P'214.50, :P'40 of which being 1-etained and paid O\'l'r to La Eleetl'icista for meters Ll" .. tPd und found correct. (Ordinance 36, sec. 11.) Expcnditm·l"11, wages, PDCSl.25. me,·rn .;tornbre 1mrmiL.; and two trnnsportation permits werP issued. Ve1·y l'l•11pP1·t.fully, LKWlS 1-1. DJNO.MAN, ,.[cling Chief of Department. Tht• :\h'N'H'll'AI. HoAHD, Jlla11ilo. BUitl~AU OP CUSTOMS AND IMMIGRATION. 'l'AlllFF m:cISION ClllCl'I.Alt. Xo. 4~5.-JltJttletl liq1wn1; method a{ assessing duty on. .MANILA, May 111 1904. 7'o alt collectors "'f e11sloma: l'Al"GRAPU I. lL is hereby ruled that imported bottled liquo1·i; which are duiiabh! by lil1uid mclll!iilll'e sl111ll be assessed for duty ns follows: The liquor it.11•1f 1d1all be asse1:11:1ed for duty by liquid measure, unde1· its propel' p1m1.gra.ph; the glass bottles in which the liquor i1:1 l'OnLuined 1:1hall be a!ISCMed for duty under theil' proper para· grnph, upon the weight of the b"'ttles thelll.sclves 01· on the value thereof, as the c11s1• may be; the l"Xtcrior packing shall he assessed fol' duty under its proper parag1·11ph. PAR. 11. Philippine customs olli1·rrs shall give Jue publicity to the tr.rms of this circular. H.B. McCoY, ~lctirig <Jolfrt'tur of Customs far the Pliitippine lslat&da. J.lAN'Jl.A CUSTOll-llOUSE GENERAL ORDElt. Xo. i4.-llequiriily 1irese1itation of 1904 cedula by employees lo lliNb11rsiny oOicer before payment of Ma,y sala,ries. 1\'1AXJLA, Ma,y 13, 190.f. PARACiltAl'll I. The di>Jbur!iing clerk, Manila. Custom-House, is hereby directed to require to be presented to him by all employees of the Mnniln Custom-House their ccdull1s for the year 1!)04 prior to the p11yment of salaries fo1· the month of May, and any employt.>e failing to present his cedula. shall not be paid until the same is l!iieeured by him. PAI\, II. Chief:\ of divisions shall inform employees in thl"ir respecth-e dh·isions of the requirements of this order. PAR. Ill. The trrms of this order shall apply to tl1e employees of the arrastre plant, :lhmila Custom-House. PAR. lV. CopieK of Manila Custom-Roust> General Orde1· No. i4 1:1hall be furni:>l1ed to the Jnsular Special Deputy Collector of Cm;.· toms, the Acting Suneyor of Customs, and to all chiefs of dh-i· sion,;, l\.la.nilll Custom-House. H.B. McCoy, ;leti1ig Collector of Cusloins for tlie Pliilippine Islands. SPl~CIAL ANNOUNCEMENT. In accordance with a recent eomnnmiention from the Sec1·etary of Public lnstrnction the Offil'i11I Gazette has undertaken the annotation as they appear of all umendatory Acts. Jn footnotes reference i!! gi,·cn to the page of the Gazette at which the Act amended may he found. Since the first number of OFFICIAL GAZETTE the Gazette begins with Act No. 450, prior acts are cited from the Public Laws, Annotated, being the acts of the Philippine Com· mission as prepared with marginal annotations by Mr. D. L. Cobb. Such few of the acts prior to No. 450 as are gh•en in the "Preliminary Numbc1·" of the Official Gazette are cited from that number, which is separately paged. Tht>se footnotes arc inse1·ted by the Editor. arc intended only for thr oom·enirnt.'t' of the puhli<', and arc without IC'~al fo1·cc. Contents. Customs Administrative Act. No. 81i5. BORrd of Health of the PhlllpJ.fanila in connection with tlie :.;~io~:·J:r':;:.ding fc!;>;,evision of tax usC1111mcnt on certain Jamls in Hudoc, No. llo:.!, extendi11g time for parment of lnnd tax in Isabela Province. :.;:·n~':t ri:~1~~f..~1;~~~ ~~~~~0~~~~0i!'r W1!~~,.~0~~~0~.'~,~~W he $1!(.'retary of Financt and Justice. Act No. 89i with l'Cfipect to the Armstre Dh•lldon of the 0 455 ol ftne impolied under section;, Schou! in preparation for 11.dmlflSion Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., JUNE 8, 1904. No. 23 PUBI ... IC J ... A '\VS. [No. IHil.J AX ,\CT DECL.-\RIXG AXY BO~DED OFFICER OR K\1PLOYEE 01" THI~ CIVIL <WYERN.\IENT WHO LEAVER OH ATTEi\IPTN TO LEAVE THE PIIILIPPIXE 18LANDS WITHOCT FIR8T ::->ECL:RIXG A CLEARAXCE FRO.\I THE AlJDITOR TO BE GCILTY OF A JJISDE.\iEAXOR. Hy u.ul/wrilJJ of the United Btatl's, be it enacted by the Pltilippihlc Co1nmissio11, that: ::->EcTIO:-.- I. Any bonded o!licer or employee of the Civil Governmrnt of the Philippine lsland:; who kaW~!i or attempts to lea\·e the Philippin<> Islamhl without first ;wcuring a clcara1wc from the Auditor, showing that his accounts with the Government have been satbfactorily settled and acljustl'<l, shall be deemed guilty of gros» ·neglect of dmy, and shall be punislwd by imprisonmPnt fur not <>Xceeding six months, or by a fine of not more than one thoul'and p<'sos, or hoth, in tlw discretion of the court. 1-'EC. 2. The public good r<>quiring the -;pl'edy enactment of this bill, the pa>lsage of the sanw i.-; hl'rcby expcditf"d in accordance with section two of ".:\n Act prescribing the order of prnccdure l1y the Commission in the enactment of laws,'' passed September twentysixth, nineteen hundred. SEC. 3. This .\et shall take effect on ib passage. Enacted, May 23, l!l04. lK'o. 1162.J .:\:\" ACT EX'l'EXIHXG Tl!E Tl:\IE FOB. THE PAY:\IE~T OF nm LAXD T.\X IN THE PIW\"IXCE 01" CAGAYAX FOH TllE YEAR ":\l":\Kl'EEX lll''.\'DHED A~D FOL"R l.XTIL HEPTE~IBER TUIRTJETII, NIXETEEX IICXDRED AXD FOUR. By autltority of tltc United Hlutes, be ii rnactcd by the Plrilippi11e Co111mi.~,~io11, lhal: :-::EcTIO~ l. The period for the payment, \\·ithout p<>nalty, of thC' lnncl tax for tlw _\"('al' ni1wfrrn humln•(l am\ four in tlw l'rO\"ill('<' of Cng11yom is hereby cxknc!C'cl to HrptembN thirtieth, ninetN'll hundrC'4l uml four, nn)·thinJ! in previous Acts to the contrary notwit list.anding. ~EC. 2. 'fhl" public g:ood requiring till' s1wt>d,\· 1•11nctment of this hill, tlw pnss:1g<' of llw samr> is hen•h)· 1•xpcclit<>d in !l('('Ol'C!ance with sr>ction two of "An . .\<·t ]H'('-<t•ribing- tlw order of Jll'O('l'(\ure hy thl" ( '01111nis,,ion in tlw <•mu·l nwnt of la\1'>0," passt>(l :-\ppfrmbel' twt•nty· sixth. 11i11(•t1•i>n hu111ln•d. f'Et'. :J. This .\ct shall tak1· rff1wt on its pnssag1>. F.nactt•(\, )foy 23, 190-1. [Xo. IHi:t] AK ACT EXTEXDL\:G THE Tl.\lE l•'OH THE P.\ Y.\IEXT OF THE LA~D TAX IX TUE l'HO\"lXl'E OF ..-\LIB\" FOil THE YK.\H Xl~ETEEK HL':-;DRED AXD FOlJR CXTIL ACGCST THIHTY-FIH8T. XIXETEEX HCXDHED AXD FOUR. lly au!lwrity of the Cnitcd ,"I/ales, he ii c11•1cled by the l'hilippi1w Commission, that: 8ECTJO!\ I. Tlw period for the payment, without penalty, of tl1C' Janel tax for the )"l'ar ninrtccn hunclrcd and four in the ProYince of Alhay is hereby extemle<l 1o August thirty-first, ni1wh•en ltumlrcll and four, anything in prcYiou;; Acts lo tlw conlrnry notwithstanding. SEC. 2. The public good requiring the spe1•dy t•nactnwnt of thi,,; liill, the pas;:;agr> of the same ii;; hereh.r ex1wdil1•d in al'conla1H"t' \\"ith seC"tion two of "An Act JH"<'srrihing thl· onlr>r of prnel"1lm·c· hy the Commission in tlw ('llaclmcnt of laws," passt•d 8C'pkmhn b\"t'nty sixth, nineteen hundred. 8EC. 3. Thi;; Art slmll take effl"l't on its passag<'. Enacted, May 2:1, 1 !J04. LXo. Il!i4.J AX ACT A'.\IEXDIXG 8ECTIOX 'r\\"EXTY-8E\'EX OJ" .\CT Xli'.\IREHED SE\'EX HTXDHED .\::\D EH;!ITY·l-'E\'l·:X. EXTITLED "AX ACT l'HOYIDIX<.: !"OR TIIE OIWX\"IZA· TIO:\ • .\XD (HffERX'.\lEXT OF TllE .\!ORO l'l{O\'IXCE." SO AR TO . .\CTIIOH.IZE THE .\l'L'OIYL\IEXT CH' .Jn•; . TICER ()I.' THE PEACE IX HE'.\IOTE LOC.\LITll-X \HIETllER IXCJXDED \\'ITillX THE 1.DllTS OF THE OHG.-\XJZED ~Jl"XICll' . .\LITIES OH XOT .. \XD DEFIXIXG TI-IE .Jl'!USDICTIOX OF 8lTll .J\":'·;'l'[('J·:S OF THE PEACE. JJy autlw1·ity of the ("11if('(f ,'>:talcs, be ii cnuclrd b.11 t/w f'}1ilippi11c Commission, I/tat: RE<'TIO~ 1. 81·c·tion twenty-sc•\'C'll of "\ct XnmhPr<>1I :".t·\·1·11 !11111· dred aml <>ighty·>'l'\"C'll,' e11titk1I "c\n .\d pni\'i(liug for thl' Ol')!ani· zation aml )!O\"t'r111ll('lll. of tlw .\loro P1·m·i1JC·1»" is lwr('h~- anw111!1•1I hy adclill)! at thl" <>ml thC'n•of tlw followinµ- wcm!s: ".Ind 1wori1kd fr1rlhcr, That ,iustil'es of llw JH'Hl'<' may lw 11p· point1•1I hy the ('h·i\ C:o\·prno1·, \\"ith thC' ach·ic•(• am\ appronli of tl1l' Philippine Commission. for towns Ol' pla<·<'~ in llu• '.\loro l'ro\"inl'e whil'h hn\"l' not 111•1•11 organizl'(l into munil'ip:dilil'>', or whirh. although inl'l11tl<'c\ within llw limit~ of an orgaui1.t'<l munil'ipa\ity. nn• dis\:wt from. or han• 110 c•o11\·1·nil'nl nwau~ of ac'('C'~.~ to. the l'C'llt<'r of population. Tl!!' .iuri ... di•·lio11 of !lw iu~tfr('s nf the p1•ape 11 otr.<ln7.., n:•. 457 458 OFFICIAL GAZETTE for the municipality in which such town or plaC"e ii; situated and of the justic<' of the prace appointrd in punmance of thi8 proviso shall be ('O!lCUrr('nt over cases arising within the municipality. The several ju.<;ticcs of t.be peace in any district of the ::\loro Province shall exercise 1?0ncurrcnt jurisdiction ovn cases arising within the 1listrict, but without the limits of an organized municipa\it~'· Actions, civil and criminal, shall be brought before the justice of the peace who is most conn•nient of access to the parties, but the justice of the peace first acquiring jurisdiction over any su<'h ra~c shall ha\'C exclusive jurisdiction over it. It shall be the duty of the ju!!tice of the peace to refuse jurisdiction of any case where the convenience of the parties manifestly requires it to be brought before another justice of the peace having concurrent jurisdiction. In criminal proSC>cutions and preliminary investigations before justices of the peace, the costs of the proceeding, including the fees of the justice, shall be paid from such treasury, provincial, district, or municipal, as the legislative council of the Moro Province may by law provide. Such provision shall be as nearly analogous to the provisions of law governing that subject in other provinces as the circumstances and conditions existing in the Moro Province may wanant." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby cx1wdited in accordance wilh section two of "An Act j>rcscribing the order of proredurc by the Commission in the enactment of laws," (><lsscd September twentysixth, nineteen hundred. S..:c. 3. This Act shall take effect as soon as the legislative council of the Moro Province shall have made provision for the payment of the costs and expenses referred to in the first section of this Act. Enacted, 1Iay 23, 1904. [No. 1165.] A:\'" ACT AMENDING PARAGRAPH (d) OF 8ECT10N FIVE OF ACT ~MBERED ONE HU:N"DRED AND THIRTY-SIX, AS AMENDED BY SECTION ONE OF ACT NUMBERED EIGHT HUNDRED AND SIXTY-SEVEN, SO AS TO AUTHORIZE JUDGES OF COURTS OF FIRST INSTANCE PERFORMING INTERLOCUTORY VACATION DUTIES TO APPOINT NOTARIES PUBLIC IX CERTAIN CASES, AND AUTHORIZING OFFICIALS IN CHARGE OF PUBLIC WORKS TO ADMINISTER OATHS IN CERTAIN CASES. By authority of the Vnitcd States, be it enacted b,1) the Pltilippille Com.1ni.<1sion, t11at: SECTION I. Pa;·agraph (d) of section five of Act Numbered One hundred and thirty-six. as amended by section one of Act Numbered Eight hundred and sixty-seven,' is hereby amended by adding at the end thereof the following words: ''The interlocutory juris· diction shall nlso include the powl'r of nppointing notaries public, ns provided in section eight:.·-two of this Act." SEC. 2. An:.• officinl in charge of 11 public work under the authorit~· of the Insular Governnwnt or nny provincial government is lwreby Clll)>O\\'('l't>d to administer all onths n•quil'ed by law, without compensation, hut IH• shall not be required to administer oaths l"xcept in mnlll'rs of official business for which no fees are chargeable b~, lnw. fl~cc. 3. Thl" public good requiring- thl' speedy enactment of thi!:! hill. thl" pnssagl" of thl" same is hereby expcditecl in nccordnncc with HC'C'tion two of •'An Act prl"scribini.r the order of procedure by tlw Commbsion in Uw C"nnctnwnt of lnws," pm•sC"d SC'ptC'mber tw<>nt~·­ sixth. 11inC'tl't'll hnndrl"d. f'Ec. 4. This A<'t shall takl" clf<'Ct on its passage. EnnC'ted, Mny 2ti, 1904. 11 OIT. Gnz .. 6A:?. EXECUTIYE ORDERS. THE GOVERX:MEXT OF THE Pl-IILIPPIXE ISLA~DS, EXELTTIVE BUREAF. ).}A;>;ILA, Jlay 27, 1904. Ex..:~;n:6.0RDEB } Pursuant to the proYisions of section twenty·six of the Customs Administrative Act, Numbered Three hundred and fifty-five, as anwnded bv section one of Act Numbered Eleven hundred and forty-nine, 'the following tract of land in the city of CPbu is hereby placed under the suPen-ision and control of the collector of customs for Cebu, to wit: On the southwest side, from the corner of the military reservation (United Service Club) in a westerl;r direction to Alfonso XIII Street, taking in all of the southern pai't of Carlos I Street toward the beach; and on the north side, from the northern point of the naval reservation to the lands of the Catholic College, including fivC" nwtt>rs shoreward from high-water mark. The collector of customs for Cebu is authorized nnd directed to make the necessary rules and regulations for the loading and unloading of cascocs, lorchas, lighters, steamers, and all other water craft, within the above-defined limits, am! to permit the use of certain portions of the wharf by otlwr pcrso11>1 in so far as this use may not interfel'<" with the good ('ondnct of the public business of the custom-house. The police jurisdil·tion and the enforcement of. the g'l'licral orders issued by the custom-house in connection with th<> tract of land describcd above shall 1wrtain to the munici· pal authorities: Provided, hou:ercr, That if the said authorities fail in the performance of their duties in this respect, such powers may be exercised by the collector of customs for Cebu or his lawful deputies. LUKE E. WRIGHT, Civil Governo1-. THE GOVERNMEXT OF THE PHILIPPINE ISLANDS, EXECUTIVE BUREAU. MANILA, Jl/ay 28, 19011. ExE~:~v:7.0RDER } All inspectors of the Treasury Bureau arc lu•reby authorized and directed when visiting a province for the purpose of examining the accounts of the pro\•inf'ml treasurer to also examine the accounts of the clerk of the Court of First Instance. This order is not intended in any way to nffect the obligation impoS<!d by Act Numbered Four hundred and fifty-two upon the treasurer and fiseal of the province to make an independent examination of the accounts of the clerk of the Court of First Instance. LUKE E. WRIGHT, Civil Goven101-. DECISIONS OF THE SlJPREME COURT. [No.1107. Aprll2.190-I.] In t1rc mfl.tte1" of the proceedi119s for tl!e di:<:barmcnt of .·lUUCin'U.~ A_. MO"XT.4-GNB mid FRANK P,. DO.lllNGCiHZ. }. ATl'ORNEY .~Nil CLJF.t-'T.-Aftcr ELC'ceptanccof cmploymenl by llll nttorner. the failure of the client to pnr the whole nmount of the fee agreed upon will not jlIBtif~· nn nbandonmentof the C'RSC. If thenttnrney desires lo retire from the cnsc he must obtain th(' consent of his client lo thnt end or an order of court 1111thorizinu: hlm to rotire. 2. In.; St'Sl'ENSION.-Se(' [11ct.< in this case upon which thC' rcspondt"ot.< 11·('r(' stJ.~· p('nded for onr y('nr from the pmetie!! of law. 3. Jn.: i'F.NAL C'o11F..-Thc prll'·isions of nrlicles 3.'ifi nnrl 3.~i of the l'eoal Code, pro1·idi11g- for the pnnishuwlll hr fim• nnO ~u~pen.•ion of nttomt"ys nt law who ue guilty of 1·iolnlin1o: tlll'm. arc 11ot n bar to disbarment f>roC"t'<'tl!n,i:s bl'fore the Suprcow Court, bl\sed upon charges which, ir lnil', would fall within the provisions of thoi;e artklcs. OFFICIAL GAZETTE 459 4. lu.: D11<11An~1El'T P11ocF.1m1NGs; CoN!ITJTt'TIONAL LAW; DcE PflOCE880FL.1.w. A pmcccdlng for the disbnrment of nn 11ttorncy is one within the jurisdic· tlon of the court of which he iH llTI nttomcy, and is not nn inl·a.sion of the prrll·lsions of the Philippine bill thnt no one shall be prosecuted for a criminnl otfcn~c except by due process of law; the proceeding is notcriminol, and ls itlielf due fJfOCC!lS of luw. 018BA.Ri\IEKT PROCEEDINGS. The facts arc >1tated in the opinion of the court. Attorne_r-Gcncral W11.1•LF.Y, for the Government. Gums & KIXCAJI> AND HARTIGAN, J\IAllPLE, SOLIG;>;'AC & GUTIER· 1n:z, for defendants. A1cDo.N"OUUU, J . .' On or about the l:ith day of Xovcml>cr, 1!)02, the AtlorneyGeneral of the Philippiue Islands presented to the Supreme Court of said Islands a 1.etition, and on or about .January 15, l!J03, a .~upplemental petition, alleging that Augustus A. l\lontagnc and Frank E. Dominguez were practicing attorneys at law in the courts of said islands, and were members of the firm of lawyers known as Montagne & Dominguez; and in said petition and supplemental petition the said Attorney-General charged said lawyers and said fil'm with having violated thcil' oaths of ollice as attol'neys at law and with failure to faitlofully perform the duties of their oniee as such attorneys towards their clients. Upon notice to the parties, and on motion of the AttorneyGeneral, this court appointed a commissioner to take the proofs of the parties. · In due time the commissionel' made his report and filed in this court all the evidence tuken in the proceeding, and thereafter the matter was ably and fully argued by the Attorney·General and the attorneys for the respondents. This evide0nce is so voluminous'that nothing more can be! incorporated in the space given us to this opinion than a brief refer· ence to it, and C\'Cn that reference ii; to be <'Onlincd to the facts of four of the J;!lOSt serious of the charges againi;t the respondents, viz, the "Balmori" charge, the hacienda .. Esperanza." charge, the "Cordona" charge, end the "Sarmiento" charge. These charges, nnd a brief statement of the evidence to sustiiin them, 1u·e as follows: First. That the respondents acccptctl employment in Fehrnary, 1902, to represt>nt one Felix lialmol'i in a criminal case, on appeal to the Supreme Court, l'Ccciving a retainer in said cilse; and that after entering upon such employment and accepting n fee pursuant thereto, the:y abandoned and deserted their said client's case, to his great prejudice. Jn this case the responcll'nts agreed, for the sum of $200, Mexican cuncncy, to take an appeal to the Supreme Court, and to conduct such appeal. The appeal was taken on or about the 15th of February, 1902. The respondents J'ec<•ived $100, Mexican cunency, of their fee, and although it was stated that the fee was to cover "expenses of lrnnslation, printing of briefs, and costs of going to Pasig," they foiled and neglected to make and file tt printed bl'ief in the Supreme Comt, as required by the rules of that court, although rcqn<'stcd i;o to do by the Solicitor·Gcncral aud although their time to do so Juul. been extended by the Holicitor·Ge1wml. Finally a motion wns made by the Solicitor-Gf'ner11l to have tht• case almmlon<'d for failure to Ille the brief, nntl on the return du~· th<' respondents appenrrd anti nuulc im ornl nrgum<'nt, and offered to prepare and file a t~'pcwritten brief. The court, holding that a printed brief was n<'<'cssar~·, dcclnred tlw app<'al abandoned nm! dismissl'd it. Thnt th<' l'<'spomlrnts had nmplc timr nm! npportunity to pr<'pare nnd present 11 print<'d brief in tlw C'ase appears cl<'nrly by refN<'lll'l' to tlw c\atl's nf tlw .~L'n••·al sll'ps tnken in the l'!IS<'. Bnlmori wns <'011\'kh•tl in tlw Court of First lnshm<'<' of cstafa, Ft•hnmrr ii, 1!102, ht•forC' th<' rrspondcnls W<'rl' rt•tained in the 1•nst'. In \\w laltt•r pnrt of Februnry the rr!<pnnd<•nts mndr a motion to let the defendant, Dalmori, to h<lil, and on ::\larch 31 he was let to bail in a bond of 500 p<'sos. Nothing further seems to ha\·e been done in the case until after the time for filing and serving defendant's brief hnd expirecl. 8ubsequently the Solicitor-General, at th!!! request of the respondents, verbally C'Xtended their time to serYe their brief, but such sen·ice was not made prior to August 8, 1902. On that dny the 8olicitor-Ge11eral made a motion to have the appeal of Balmori declared ttbii.ndoned, for the reason that the printed brief was not liled; and on the 18th of August the Supreme Court granted the motion. At the hearing the respondents contended that a typewritten brief was suflicient to satisfy the law, although the evidence shows that their retainer covpred, among other things, the expense of '•printing a brief." Balmori testified that the respondents gaYc him no notice of th<' dismi!isal of his appeal, and that he learned that fact at the office of the clerk of the court, and then sought another lawyer. On Octobel' 1, Mr. Lawrence appenred as attorney for Bahnori, and made a motion to luwe the case reinstated, and on October IO the Supreme Court granted his motion, and gave him thirty days to prepare and file his brief. This brief, consisting of n few pages, was filed in time, and subsequently the defendant was acquitted. Balmori, not satisfied with the action of the respondents, demand~d a return of the retainer given them in his case, and on the 14th of October they gave back a part of it, 60 pesoi;, retaining the l'emainder for certain disbursements. The excuse ad\•anced by the respondents for their neglect and failure to prepare and file a printed brief in thi!! case is that the fee to be paid to them was to be $200, Mexican currency, and that only half of this had been puid, and that they desired to collect the remaining $100 befol'e filing the bl'ief. They did not seek to retire from the case, after becoming attorneys of record, by obtaining the consent of their client, nor by making application to the court for an order authorizing them to l'etire. Second. That they entered into n contmct of employm<'nt with thousands of Filipinos in the Province of Pangaain:m, in Decembel', 1901, to represent said inhabitants in a suit oT suits involving the title and possession to a large tract of land, and, after accepting retainers from their said clients, nnd l'eI)(Jering certnin professional services in connection with such suits, they deserted and abandoned their clients' cases at a critical time, in Yiolation of their contract, and to the great injnl'y of such clients. It appears from the evidence in this charge that the rcspond<'nts had consultations with a large number of Filipinos in the month of December, 1901, in the Province of Pangasinan, relative to the title and possession of the land occupied by those persons, whi<'h lnnds were chtimed by Francisco Gonzales as a pal't of his estute, known as the Hacienda Esperanza, containing about 50,000 acres of land. The rei;pondents, on or about December 12, 1901, entered into nn ngl'eement with these people to protel·t them in the cnjo)·· ment of the possession of, and in their rights to, the par<"cls of hrnd which each one of them posspsscd, as ugainst the demands of Francisco Gonzales y Renado. (See contnwt, p. 19, AttorneyGenerul's brief.) Public meetings of these people were h<'ld, which were addressed by the respondents, or one of them, uncl large sums of money, about 6,000 pesos, were sub.scribed b)· these cliC'nts and paid to the l'espondents pursuant to said agn'Cllll'llt. These people were assured by their attorneys that they hnd n go0tl cause of action, and that they wouhl win their cnse. Legal proeecdings had been instituted by Gonzal<'s against tlwse clients, or some of them, in a justice's court, 1mtl those procl'f"dings were attended by respondents; nm! two i;uits were bJ'ought in the Court of Fir;:;t Instance involving rights to s11id h111tl. W .• T. Rohdl' acted for a time ns counsel in thesr matters with th<' rf'spondents, but before the trial he withdr<'w from the cns<'s. E. H. Lamnw. who bccam<' a mf'mhrr of rrspontl<'nt's law firm. also R<'ted with thf'm, am! renmin<"d in the <'llSl'S until after the trial. On the 1st of l"l'hruaQ', HI02, nn ordn wns made and entel'ed 460 OFFICIAL GAZETTE ~wttiug llw»i~ ca.o;es <lown for trial at a special term of the court to he lwld .\larch 10, l!J1Ji, thus giving the respondent:-1 over fi\·e weck.'i in which to gel n~ady for trial. \\'hen the trial day arrived Augu.-;tus A. Montagne and Edward IL Lamme app1~a1wl in court and made a motion to ha\·e their case continued, for tlw n•ason;;, first, that it was not at issue, and i.i•cumlly, IH'cau:.;1• onc of their important parties to the f-luit. upon whom llll'}' rdiNl for information about the facts, was sick and <'OU]d not he 1n·c·scnt. It aJipears that in one of these two suits pending, that in which Gommles wa'~ 1lef<>ndant, he s<>n·ed a supplemental answer on .\lar('h :~, l!JOi, alleging and prnyi11g for damages in the sum of !f;;J0.000 suffer<'d hccaU!-.1' of the issuance ·of an injunction ngainst him, arnl it fmther appear;; that on March G, HJ02, Gonzales filed a supplemental complaint in the Sl•cond action, in which he was plaintiff, in which he alleged and prayed for damages in the sum of $:10,000 suffered l1y him becau:;e of the dissolution of the receiv· ership. After lwariug argument the court denied this application for a continuancl", but offered to let the cases go over if the attor· neys for Uoth sides could agree upon a time for trial. 8uch agree· ment wa.<; uol reached, whereupon the court offered to suspend the hearing for 01w week, to give the respondents an opportunity to pr<'pare for trial. 'l'his offer was declined, and the r<'spondents look ~lll exc<'ption to the ruling of the court. The court coni;olidated the two cases, against the objection of the respondents, and proceeded with the trial. Thereupon the n•spomlcnt, :1\lontahrne, and his associate, Lamme, left the court room, and withdrew from the hial of the case. It does not appear that the respondents had subpcenaed wit· nesscs for the trial or notified their dicnts. other than Chinchilla, who mis 1111:\b\c to allen1l on account of illness. No sun'l'Y of the propNty had been mail<' hy respondents or for them. At the trial llw,\" ·<'laiml'd it was necessal'y to make a sUr\'ey, and that that would lakl' thrt'<' months. 'l'hc trial was finished and the judg· menl, whfrh was in favor of Gonzales. was signed on Saturday, :\l:trch l!i, l!l02. The special term of the court was closC'd on or about !\larch 24, J!l02. TlH• rC'spondC'nts say that no notire of lhC' judgment was given to them hy lhl' ch•rk of the court, but admit that through unollil'inl sum·c•(•,; 1.hl'y l('al"lled, soon after the fact, that a judgment had hN!n remh•r('d against their rlicnt, for :Mr. Lamme, on )farch 21, wrote to an attorn(',v at Lingaycn for a copy of the judgment and other paper.-; in lhC' case. The rl'spondi?nts strongl:io· eontend that thC' court erred at the trial (I) in not grnnting !\ C'Onlinunnce; (2) in forcing them to trial wh(•n issue was not. joined, inasmuch as tlw~· claimed the right lo nwkt• rC'plr to th<> nll<'gntions of Gonzales contained in his sup· pl1'11wnlnl l'omplnint and 1111..,wer. nm! (~) hcC'nllsc of the commli· dntion of Lhc two iwtions. Hut no appc-al was takl'n to the Supreme ('ourt. from llwse ruling-s of th<' C'Olll't bC'low. Tlw C'XC'USC' giv<'n by thC' rf'gpornlt>nts for not appealing jg: Fir;;t. Tlw tC'nu of lht> <'Ourt was clos<'d bf'fore they were noti· fil·d of lh<' judj.tml'nt, and that it was then too late to ~ppeal. ~t>l'OJHI. 'l'hut ,J11dge LammC' had prineipal charge of this casp; that hC' i11lt•11tl1•d to nppeal, nm! wns m;tking preparation, whrn, to his gr<'nt surprise'. h<' lcn1·11pd that they ''IHul been drpri\·ed of the powPr to apprnl h;r ti1(' hul'l'it•d <'losing of thP tl'l'm of tht> <'Ollrt \\·ithin whirh llwr conhl so appeal.'' Third. BC'cnns<' on .Tmw i and 12 two IPttC'rs were receh'ed from somr of thrir l'lil·nts l'l'\"Oking tlwir anthorit~- to proceed furth<'r nnd asking- for nn 11C<'Ot111ting for the monry pail\ to r<'spondl'nts. Tlw l'<'Spomi<'nb:i did not take any further Jll'O<'ee<lingg in this 1·nsi> nft<'I' tlwy ldt thC' comt, :\farch 10. At tlw hcnl'ing of thesr disbnrment proc<'edings ?ifr. ::\Iontngne t1•stili1•<l that. wlwn he rxnminf'd copirs of tlw title deeds of Gon· znl<'s. nf11>r tlH' trial. he hecnmr duhiom: about the right1; of thf'ir eli1'nls. Thrs1• clPC'<ls, stnnding alon<', mnde n good titll'. nom:ales hntl n \'('l'Y goml JlllJlC'I' title, 1t appear;; that respondents made 110 efforts to sec these deeds or to a;;eertain their contents before beginning their action. ::\Ir. Lamme was not a member of the bnr of thesf' Islands. He had taken two examination.<; for admission, but failed to pass on both occasions. Immediately after the decision of the court refusing a continuance, ?!Ir. Dominguez and Mr. Lamme went into th<' Rosales connfry and told their clients there, who \\"l'l'f' intereste1.I in n similar question, that respondents would go right on with the case, and that the fight hail only ~gun. They then and there collected from clients m::re money, 43 pesos at .Santo Tomas. on ::\larch 13, and 400 peso:> in .\lcala . Third. That they were rf'tained in October, l!lOI. to de-fend one ,fnnn Cordona, who was then held as n prisoner on a criminal charge in the Province of Tnrlac. The nccused receiYcd from Cor· dona.. a l'etainer in his case and afterwards deserted him and failed to appear for him in court when his case was called for trial. It appenrs in this charge that one Juan Cordona, who lmd been secretary of the Pl'ovince of Tnrlac, was in prison nt that place uml<'r several charges, and retained the respondents to defend him. The amount of the net sum to be paid to respondents for their professional :;:ervices is disputed, hut it is conced<'d that they were paid, through Mr. Dominguez, the sum of 500 pesos. On or about the !Sth of November, l!lOI. Lieut. Grant T. Trent was detailed to take charge of the prose<'ution of Cordona and was ordered to prOCf'cd to Tarht<' for that purpose, and this fact was made known to Mr. Dominguez on or about the last-mentioned date. On the 30th of Xovcmber, 1901, Cordona appeared before the ('ourt of First Instance for arniignment, nnd being informed that he was entitled to counsel, nnd his counsel not appearing for him, he was given thrre dnys' tim(' to procure coun;;;el. On tlie 5th of December, l!lOI, Cordona was again taken to court. He stated that his lnwyers, J\Iessl's. Montngne & Dominguez, had not yet anived from Manila, a.nd asked for further time. He was grnnted thr<'e days' further time. On the 12th day of December, 1901, the accused again appeared in court, and was asked to plead to the charge of highway robbery, which he did, through other counsel, anrl was granted three days' furthel' time to pr('pare for trial. The respondents did not attend the court on any of th(>SC dates to take charge of the interests of their said Client. They contend that, in a conversation had between one of them and l\lr, Trent on the train, December i, 1901, :Mr. 'fr<'nt consented to an adjourn· ml"nt of the case for a few clays, whcrens Lieutenant Trent says this convcrsntion took pince prior to November 27, and that the understanding was that Montagne & Dominguez would attend to the case within three or four da:i.•s. On tlw 2d of Dceembcr Lieutenant Trent mailed amended com· plaints against Cordona to Montagne & Dominguez, n.t Manila. Licutenaut Trent telegraphed Mr, Dominguez at Jlanila Decem· ber 2, that Cordona would be nrraignf'd on Thursdn~·· He tele· graphed to Rosales December 10, to Dominguez, not to fail to stop on his way lo l\Innila. He also telegraphed him nt Lingayf'n December 12 to know wlJPn he could he pri>sent to look after the Cordona matter, and got no replies to any of thf'se tt>legrams. The d<'liWQ" shef't of the tf'lpgrnph compnnr showed that tht> dispRtch to )fonila wai:; clf'li\"C'l'Cd to Dominguf'z on Decemhf'r 2. Cordon!\ swore thnt he tC'legraphP<l nllll wrote to the respondents ulmut the setting of his <'aS<' for hearing. am! req11eS1ted their presenee, nnd tlmt beenn.~e of their failure to llJ>JlC'llr for him he Juul to <>mploy other eo1msi>l. C'ol'dona eontends that the fee for d<'fPnding him in nil hi>i cases wns fixt>d at l.000 pl'SOS, of which he paid in ach"ance fiOO pesOSI, whPri>as respondents cluim that the f<'e wns to be 5,000 peso;;. Respomli>nts showf'tl that thf':'-" <>Xllmined pnpers and proct>C'dings had nt the p1·<'1imin11ry hf'aring of C'ordona. 1md took steps to lun-l' him let out on Jrnhea.~ carp118 !)('fort> trinl, but without success. OFFICIAL GAZETTE 461 .Fourth. Tlrnt thev undertook, in Xm'cmber, !!JOI, the defense of one Hamon :-ianuie~to, who was chal'ged \\ ith the Cl'imes of cslafa and falsification, and who was impriso1w<l on those charges in ::'lfanila; that though they were paid 500 pesos for their services, they subsequently, on an order of the court, obtained possession of 300 pesos which had been deposited in court as the money of said 8annie:1to, and retained said sum of 300 pesos and appropriated it to their own use and h<'m·fit, against the instructions of their said client and to his injury. The facts are that Sarmiento had deposited $300, l\Icxi<'nn, with his chief of the customs s<>nicr, to COY<'r a shortage, and this sum was subsequenlly dcpo>;itcd in court. 'fhe complaint for u1ta{a wm1 filed against him ~ovember !l and for falsification Xovcmber 12. Thr respondents defenJed Sarmiento. He was convicted of one of the offenses Februai·y 20, 1902. The 500 pesos paid to thC'm WC're paid as follows: November II, l!lOl, 300 pesos, and NovC'mbcr 18, 1901, 200 peso!'. The r<'spondents claim that their foes were to be 1,000 pesos. This statement is denied. Before the judgment in the ease (February 20) the respondents, on the request of the wife of ihe defendant, Sinmiento, nud on the consent of herself and husband, obtained an order of the court for the payment of the 300 pesos (leposited in the comt. This money was paid to the respondents, and they retained it. although the wife said she did not want them to do .~o; that it was for her and for the support of her children. At the tl'ial of Sarmiento, when it was proposed to introduce this money in evidence, respondents consented on condition that the court authorize "the wife of the defendant to finally receive said sum, since they are vt>ry needy." . The wifo testified in this proceeding that respondents wanted to retain this money to pay for conducting an nppenl in her husband's case, and that she tohl them she did not want them to appeal the case. Sannic>nto subsequently sued the respondents for this money, and re>eowrrd judgment for the samr in the Court of First Instanef'. .After this judgment was enterrd the respondents agreed with the attorne~· for Rannirnto to pay the i;mme, and did pay a part thereof, but when they ascertained that their conduct in the case wus being investigated by the Attorney-General, and that the plaintiff gave n statement to the Attorney-General, they anm1lle1l their agl'remcnt and demanded and l'eceived from the said attorney the f\Ulll so paid to him. Fifth. That in seven other cnses, called the "Cuynpo" case. thr ;'Penr;;ons" case, the "Dorr" ease, the "Gleason" ease, the "Finnick" ease, the "Quiao" ense, and the "Manline" l'ase, the accu'!ed, as such attornrys, at variou» times mentioned in said petitions, nfter being emp\oyNI and retained by clients, and after receiving fers from their clients, ab1rndoned their cases. and failed !Ult.I n<'gleeted to render such faithful services for said clients as the law requirC!d. 'l'hf' Attorney-Grnernl statC's in his bri<'f that "11n~· onC! of tlw llrst six chnri.,>"{'s, ns tll('y nppe1tr in this brief, is sutrieient to warrnnt di!iharn1cnt. Thi.-. is not trne of any of the re>nmi11ing fin'. The fatter are cited for the purpose of throwing light upon respondrnt.'I' comhwt in gf'nrral, und to e>stnblish the proposition lhnt thf'y are guilt~· of a linC' of romluct in which gooll morals and profes!'lionnl C'thics Ill'<' totally ignm·C'd." We n1·e of opinion that there should he added to tnrsr latter five rlu1rgt•s those against the rP»pondents in the "Pearson" ensr and in tht• "'.\fouline" rnsr, llms making in nil srven ehnrgrs, no Oil(' of wlii<'h is sunirit>nt to warrant snspension or disharmrnt, and thr»r s('\"<'ll l'lmrg<'s int• thf'rrfore dismisst>d. 'l'hf' rrspomlC'nts havr fil<>d with ns, by one of thf'ir nttornPys. a \'C'l')' !C'ngth)· nm\ ing<'nions nrgunwnt, in whirh thry contrnd that thrs<• prnrrC'dings should he di!lmissed, without regnrd to the nwdts; for th<' rt'asons"First. Thr arts nllt'g('() in thr informntion are> madC' tlw object of urticll's 351.i and 3.li of the Penni Code, untl original juris<lietion thereof is vested in tllC' Courts of First lnstnnee. "Hecoml. If it be dcte!'mined that uticles :~5(i am! 3,;; of the Penal Code have heen l'epealrd by section 31 of the Code> of Ci\·il Procedure, then the proceedings should be dismissed, lx•t·ause the respondent» are depl'ived of the l'ight grnnted them b;-.· section 5 of the net of Congress No. 235, appro\·ed on the },it day of ,July, l 003, to he prosecuted for a criminal offen,;e by due process of law, and to the equal prc;itection of the law-rights and pl'ivileges which we expressly revoke." Articles 356 and 35i of the Penal Code prO\·ide, in effect, for the punishment by a fine of an attorney who maliciously abuses his profession, or by inexcusable ignorance or negligence prejudieC'S his elient; and provide for punishment b)' tine and suspension, in case an attorney having been retained to defend the cause of one party, subsequently without his eonseiit, defends the opposite :>ide in the same action. Section 21 of the Code of Civil Procedure pro\•ides that n mE"mbcr of the bar may be removed or suspended from his ollice as lawyer, by the Supreme Court, for nny deceit, nmlprncticc, 01· otlwr gross misconduct in such office, or by reason of his co1wiction of a crime involving moral turpitudr, or for violation of the oaths prescribed in section 18, or for the willful disobedience of any lawful ordC!r of the Supreme Court or Courts of First Instance, 01· for corruptly or willfully appearing as a lawyer for 11 p:irl.y to au action or proceeding without authority so to do. It will be noticed that under article :J51i of the Pe>nal Code the penalty for a violation of that articlC' is n fine only; and, umlcr article 35i, a fine ann .s;ispension nmy be imposed only for one cause, ,·iz, when an attorney i» retained h~· one pnrty and ,,;ub.'iequently, and without the consent of that pnrty, defends the opposite side in the same action. Section 21 of the Code of Civil Procedure is much broadrr tlmn these articles of the Penal Code, for the reason that causes for 11 fine only, in article 356, nre causes for sus1)Cnsion or disbarment under the provisions of the Code of Civil PrO(•edm·e. Morem·c1·, n violation of th<'se articles of th<' Penni Code constitutes n crime for the trial of which the Courts of First Instance h.we jurisclietion, whrrras, this court has exclusi\'c jurisdietion in prnreedings of this nature, nnd the object of the proceedings hefore us is not to convict the respo!'dents of a crime, but simply to protect the court and the public from tllC' ;niscomlud of ollicel's of the court. It follows that this court hns jurisdiction to hear and detenninfi this 1n·ocreding, regardless of the provisions of the Penni Code. As to the second point made h~· the respondC'nts, that, inasmuch as section 5 of the act of Congress of Jul~· 1, 1903. provides that no one shall be prosecuted for a c>riminal offense cxcept by due proepss of law, and that e\·eryonc shall be entitled to the rqunl protrction of the> law, their rights and privilegt>s are taken from tlwm b:ir• this procel'ding; the nnswer i<>, fir.st, that thifl is not n criminal prorl'eding, nncl second!,\•. it is eondneted acc>ording to law-it is llur proces8 of law. In ex parte \\'nil (IOI U. 8., 265), whe!'e it np1lCnr1•d that nn attol'llt>)' had joined a mob and took pnrt in the lynching of 11 man, tll<' rrspondent insisted, in disbarment procee1lini.,.-s, thnt hi» acts constituted n criml' um!C'r the Stat<' laws. and that, until trircl and convictt>d in the State eomt he l'ould not hr lnwfully disharrrd. The 8uprf'me Court of the l'nited Stntrs hrld thnt hi>1 nets were surh as to justify dif'lbnrment; thnt the proreeding» do not violntr tlw <'onstitutionnl proYision tlmt no JWl':mn shall hr deprin>d of liff', lihrrty, or propnt~, without due prorrss of law; that n dishnrmrnt proN•f"ding is not n rriminal one; thnt ii is not intf'miril for puni,.:;hmrnt. hut to protrct the court from the offi.rinl ministration of per-.ons unfit to prarli('(' ns nttornt>y;; thrrrin; and thnt tlw prO('t><>ding itsrlf. whC'n in;;titutrd in proper rnsrs,_ i>l- 1lur pro{'('ss of law. Tt was lu•ld in Roehrstf'r Rnr Assorintion rs. Dorthy ( Hl2 N. Y .. 462 OFFICIAL GAZETTE 5!JG), where thP defendant was charged with seven acU. of deceit and malprnctice and was dh1bnrrecl, that whel'c the charges inrnh•ed prnfessional misconduct disbarment proceedings could be maintained even though the same acts may constitute crimes. \Ye are constrained to condemn lhc acls of the rC!spondents complained of in the four charges not herein dismi.~sed. It is the duty of the court, when complaint is made, lo see to it that its own sworn officf'r.;; shall be held to strict account for their behavior toward t.lu• court, their cli<'nts, and the public. In re Pc\'Y (3G N. Y., 651) the court went so far as to hold that inasmuch as the right to admission to practice law depended on good moral character, joined with requisi.te learning, this character should be preserved aftE'r admission; and that where the acts of an attorney were such as to destroy his credibility and charncter, the court had authority to disbar him. lna!>much as in the case at bar·uw charges and proofs do not >ihow that the practices of the re>ipomlents constituted the gravest offenses, we al'e inclined to take a lenient view of the charges. \Vhile we can not excuse the l'espond<"nts, yet we are of opinion that total disbarment would be too severe n penalty for their acts. The court therefore is of opinion that the respondents, Augustus A. Montagne and Frank K Dominguez, shonlcl be suspended from the practice of their profession as lawyers in these Islands for a term of one year; and it is so ordered. Arellano, C. J., 'fones, Cooper, \Villard, and Mapa, ,J,J., concur. ,Johnson, J., did not l'lit in this casC'. Defenda11ts .rnspcndcd. rNo. 129S. Februury 23, 1904..] TLDEPONSO DURON/LA, plaintiff and appellant, vs. JOSR LO.PEZ, guat·dian of the minor children of Don Pablo Ledesma, dcfcmla11ts aml appellces. CoNTl\ACT; DURF.SS: GVARDIAN AND WARD.-Onewho, through fear of imprison• ment for failure to obey an order of euurt directing him to render e.naeeount n.~ gunrdinn, e.nd to deliver the propert~· of his wards to his successor, enters into EL contre.et with his successor, on bchnlf of his former wards, undertaking to become responsihle for certain property belonging to them and which h11d \leen In his pOS!lcssion ns such gue.rdiELn, cnn not avoid the contract upon the ground of duress. APPEAL from a judgment of the Comt of First lnstancc of lloilo. The facts arc stltted in the opinion of the court. ABREU & PALUA, for uppellant. LEDESlfA & Sunuw:w, for appellees. CoorER, J.: This action was iu.'>titutcd by the plaintiff, Don Ildefonso Doronilla ugainst Jose Lopez as guardian of the minor children of Don Pablo Lcdcsnm, deceased, for the annulment of a certain contract entered into on the 22d <foy of DC'eember, 1900, by the plaintiff Seiior Dornniht and his wife. Seiiom Yict>ntn Jalbuena, and Seiior Gabriel J,edesnm in capacity of president of the family council of the minor heil's of Don Pablo Ledesma, deceased, and is based upon article 1300 of the Civil Code, which prnvides for the unnulment of contracts affected by one of the vices which im·alidate them according lo htw. It is allcgcd in the complaint tlrnt the consent of the plaintiff to the contract was procured by viok•1we and intimidution such as is defined by article 126i, Civil Code. The circumstances of the allegC'd intimidation occurring in the cxN•ulion of the contract arc shown by the fincling;; of fiH'ts nmde by the Court of First Instance. From thc!'iC findings of facts it uppeius that in the year l89i the family council of the minor chihlren of tht> deceased; Pablo Lcdcsmn, nominnt<'ll nn<l ap1Joinkcl the plaintiff, Ildefonso Doroniln. as gunnlinn of the minor chihlren, who nft<'rW11rds entered on the llisclunge of his duties; thnt the property of the Pstate ronHistNl prinl'ipnlly of (locumcnts of credit antl book al'counls am! thal th<'se w<·rc kept in un irnn safo in thl' res'i1ll'ncc of Doronila at Jam; that 011 the 11th day of J<'pbruary, l89H, the Amedcom forces landed in the town of lloilo; that the phtintiff, Ildefonso Doronil11, was connected with the J«•\·olutionary go\·crnment. at this time located at Jaro, a town a\Jont two mill's from the city of Iloilo; that being apprehensive of capture by the American fC:rces he fle<l from the town of Jaro_. going- into the interior of the country; thut his departure from .Taro being very suddt>n, he lcft his valuables in his house at that place; that night. the American forces not having a<lvanced into Jaro, the plaintiff returned to his home and succeeded in possessing himself of his valuables; but he states that his ·.\·ife had failed to give him the key which unlocked the safe in which the papers belonging to the g;mrdianship were contained; that the proof presented by Doronila tended to show it was impossible to save the documC'nts and money belonging to the estate by reason of his not having the key to unlock the safe in which they were contained; while that of the dl'fendant, Lopez, tended to show that upon the occasion refened lo Dornnila possessed himself of the documents of credit and money belonging to the estate and carried them off on his return next morning; that Doronila also offered proof to show he had requested by letter several persons during his absence from Jaro to visit his residence and secure the documents, hut they found it impossible to comply with the request, and finally, upon his return to Jaro_. he found the safe had been broken open and its contents removed. At the time of his leaving Jaro on February 11, lS!J!J, Doronila, though he had executed his duties satisfactorily, had newr rendered any account of his guardianship; that after his return to Jaro in January, 1900, he was requested by the family council lo render his account as guardian, which he failed to do, umler the excuse that nil the documents, books, etc., pertaining to the estitte and its :ulministration had been lost under the circumstances above related. On the 28th clay of October, 1900, at a meeting of the family council, the plnintiff was l'l'movecl from the guardianship and Seiior Jose Lopez was appointed in his stead. In the month of Dccemlll'r, l!JOO, Seiior Lopez, as guardian of said minor children, 1m•s('nkd an application to the superior provost court against the plaintiff, Doroniln, m1ki11g tJiat he be removed as guardian and that he should be J'C'qUirf'd to deliver to him the testamentary effects. At this time the superior prnvost court \n'IS exercising the power;i of a Comt of Fil'st Instance in the Province of Iloilo and was taking cognizance of suits in Iloilo. The plflintiff, Doronila, was ciiL>d before thl' superior JH'O\'ost court to answer the petition of Lopez as guardian of the children. The proYost court ren10\·ed Doronila from his office as guardian, confirmed the nomination of Jose Lopez, and ordered that Doronila should forthwith present his accounts as guardian, in said court, and to delfrn to Seiior Lopez the books and documents and other property of the estnte of the minors. Doroni111 did not comply immecliatei)' with this order, in view of which an OJ'dcr was made by the court that he should be ari·estf'd and imprisoned for contempt of court. The prison in which he was confined wns small and damp and lhe fare was poor. The plaintiff \\·as placed in company with 01·di11ar.'' criminals nnd required to submit to all the rcgulations of the prison and to perform menial labor in the prison. He was informed that he would be kC'pt in prison until he complied with the onll'r of the C'ourt. After being detained in prison for one da.'', he was carried before the court, at which time a proposition of settlcnwnt was made by Sei'ior Lopez to him. Doronila requested that he should bC' given time to consider the proposition, to which the C'Ourt assrnb·d nnd he was set at liberty. He afterwards enterC'd into nPgotintions with Lop<'Z to arrange a settlement of the matters in question. An agreement between J .. of)(>Z and Doroniln was madc, subjC'ct to the apprornl of the family cotml'il. At a Int'C'tin,2' of the family couneil, Doroniln and Lopez both being preSl"nt, the family counC'il made various ehang<'s in the 11grN'm1•nt the t<'rms of which hnd hC'en sl'ttlt>d upon b.'' Lopl'Z and Doronibi. to which ehang"es Doronila would not C'Oll!i<'llt. Tlw mnttC'rH C'ontinu<'d in thi>1 l'tnte for OFFICIAL GAZETTE 463 some time nut.ii Lo1w:r. presented again to the court the motiou to compel the plainliff to o!Jcy the former order nmde by the court. Doronila was again arrc!.tcd by ord('r of the court and placed in prison. He aftc>rwardi; assented to tlw contrnct as modified by the family council, and was again released. On the 22d day of December, moo. Doronila executed tlw contruct in question: Jn this contract it is rccite<l that for the purpoi.e of settling the quest.ion ontl coming to a final approval of accounts with the family council it was necessary that Seiior JJoronila should renew the documents of credit and be personally reiponsihle for those which he might fail to renew, and to thh1 end it wa!I agreed that Doronila should pay 12,000 pesos in the period of six months or renew the documents of credit which were lost while in his possession, deducting from said amount such sums us might be paid to the family council. It was further agreed that certain indebtednt'ss, amounting to the sum of 4,000 pesos, due by the estate to .Juan Cassells, should be assumed by Doronila and that he should pa:r the amount to the estate in case Im failed to pay the same to Cassells. 'l'o secure the pcrfol'mance of thb agreement, Doronila, joined b,v his wife, Seiiora Vicenta Jalbuena, who ownrd in her srparnte right a part of the property encumbered, mortgaged to G11bricl Lede.o;ma as president of the family council of said minor;; several tracts of real estate. The judge in his findings of fact found that Doronila was induced to sign the conlmct through fear that he would be again imprisoned by the court for his failure to obc>y the order to r<'nder an account as guardian und to d<.>livcl' the property of the estate to his successor, but that there was no intimidation or feal', except the fear that he would be punished if he did not obey the ordcl's of the court formerly made>; and as a conclusion of law found that the facts slated were not imfficient to com;titutc duress such as would invalidate the document in question, and t11e petition of the plaintilT was dismissed, with costs. There is no question raised as to the legality of the order directing the imprisonment of the plaintiff for failure to render his account as guar.diun and to deliver the property of the estate to his successor. The provost court may have disbelieved and rejected the sta.tcment of Doronila to the effect that the papers of the estate were lost, as elaimed by him; or it may have reached the conclusion that it was within the power of Doronila to render such accounting as was required of him, or at least to make some accounting of his guardianship. We will not presume that the court required the performance of an impossible act. All presumptions must be indulgc>d in favor of the Yalidity of the order and the suffici<'ney of the proof made before the provost court to justify the making of the order. It is unnecessary to determine whet.her under the Spanish Codes th<'ll in force it was the pnictice to enforce sueh orders by con· tempt proceedinbJ'S, or whether the practice, if otherwise, was <'hanged by General Orders, Xo. 23, of date June 24, 1899, of the l\Iilitary Governor of the Philippines, creating the provost courts for lloilo, in which it is proviclrd thnt such courts arc "vested with civil jurisdiction coext<>nsin- with that exercised by Courts of First Instance nml of the pcaec h<'rctoforr administered for such places,'' and that "thrse provo8t comts in the exercise of the civil jurii<tlil·lion confrrrC'd, will formulutc their own procedure, which will ht• simplt> and hrid;" and iu the c\c>cisions rendered will be ;..:-uit\c>1l h,v "pritwipk>< of rqnit)· nnd jusi i<'t'." As lwforc> stated, 110 1pu-stion hus ])N>Jl rniscd cith<'r in tlw Court of First Instance or h:i,• t.lw u><signment of l'nor on nppcnl. ns to the validity of thr order of the court. The cast• below w11s triecl upon the thC'or,v thnt I he onll•r for tl1e ncconnting wits properly nllld<', ns wC'll as the onlt•r directing the imprisonnwnt. The qtw!ltion tlH•Jl for onr d<>tc>rnrnintion is whC'thC'r Doronila lwin,1? in ('onic>mpt of t"oud. for fnilurc> to <'omply with its order for nu a1•C'otmting nfl guarclinn and for the drlivC'ry of the propert:i,· of the c>;itnte of the minors to the guardian, Jose Lopez, the contract by which a compromise wa:s effected was made under intimidation and violence of the chameter deserihcd in article 126i of th<' Civil Code. Had Doronila, under the order for accounting, through fear of imprisonment for failure to comply with such order, rendered an account, clearly an account rendered under such circumstances would not be subject to annulment as procured by inlimida.tion and violence. If an accounting under direct fear of imprisonment for failure to account would not be subject to annulment, then it seems evident that an accounting and adjustment of the matters in controver:sy and an agreement eutC'red into in pursuance of such between the parties to the litigation, in order to avoid such an accounting, should not have this effect. ~or can the intimidation and fear in the latter case be attributed to the fear that if he did not execute the particular contrnct he would ;;uffrr imprisonment, because the court had not imposed upon him any such conditions. The conditions were that he should render an account and not that he should execute the contract in question. The compliance with the order of the court would have relieved him from imprisonment without regard to whetlwr he should c>xecutc the contmct or not. And notwithstamling the exl'cution of this contract, the court might still have rl'(JUired a compliance with its orders and inllicted a new imprisonment upon him for the failure to comply, though it is hardly prob· able that such a course> \\·ould have been ptirsm·cl after the parties to the controversy had reached an agreement in the cnsc. \Ye concur in the conelusions of the Court of First Instance, that the facts contained in its findings did not constitute such dun':-H-! as to invalidat<' the document in question, and a!lirm the judgment of the lower court, with costs ttdjudgcd against appellants. It is.so ordered and directed. .Judgment affirmed. [No. 1410. February Hi, 1904.] '1'1/B Uld1'ED 8TA'l'BN, complafna,nt and appellant, ·vs. MARI.-! <JOXY,:1/,EZ, defc11dant and appcllee. CRIMINAL LAW; BIUGANDAGE; AIDING AND ABE'ITJNG; FUKtHSHING MONF.Y.ThC furnishing of money to a bo.Qd of brigands is not nn offense under section 4 or Act No. 518. APPEAL from a judgment of acquital of the Court of First Instance of Manila. The facts are stated in the opinion of the court. Solieitol'·Gencral ARANETA, for appellant. Grnns & Ktl'i'CAID, for appellee. \\'JLLARD, J.: The defendant is charged with a violation of section 4 of Act No. 518. There is sufficient evidence to show that she furnished mone'· to the band described in the complaint. The evidence is not sufficient to prove that she furnished anything else. \Ve have just decided that the furni,,hing of money is not nn offense under said section 4. (U. S. vs. Agaton Ambatn, February 13, 1904.) The judgment of the court below, acquitting the defendant, is affirmed, with the costs de oficio. ./iulymcnt a(ffrmed. [No. 1432. Mnrl'h 30. HM).I.] .11.LYFf,'/, JRJ.Uf,/() fJ1' A/,., J>lai11liffs a1ul fl/JJwllmrts, c.~. XJ./,US1'/J.\'0 All:LULIO /;'7' ,L/,., d1~ff'11da11ls a11d appc/l('es. l. l'l.EADJNO AND PRACTICE; FINAL 01\llER: B11.1. or Exr£1'TIO!"S; i'ARTITIO!" SUIT.-ln nn nction for the pnrtll1on of rC'nl property on order w1u; mndC', appointing commis.~loneni to eltel't lhl' partilion. The eommi:ssionl'l'S reported. that port of the property described in Ille l'Ompll\int w1is in thC' ft(\ver.;c posses.~ion of pcr.wns nut parties to the sulr. The <'ourt thC'n entered nn order vncnting the ordl'r uppointing tlw commissionel'!I, to which onirr p\nintilis excepted nnd pl'l'p~lrl'd 11 bill of l'Xt't'ptiun~. whkh wn.~ allowed b~· the trinl court. Held. thnt the order nwnting the 11.ppoint111ent of thr commissioner.; wns not ft final order whil'h put nn end to the action, nud thot the bill of C'Xeeptlons must bC' dismissed. 464 Ol!'FICIAL GAZETTE 2. PARTITION OF REAL E!JTATE: AD\'Elt.~E POS':IES.~ION.-When in 8.Il action for po,rtltio11 there is no ngrcemcnt between the partle~. and commIBsioners have to be appointed, amt it appears that the propcrt}' is In the actual n1lvenic PO."-~Cs.~lon of third persons who claim to be the owners thereof and whu arc not parties to the suit, the proceedings can not go on. 3. Ju.; In.; AUTHOUITY OF PARTITION CoMMlll.~IONERS.-Commis.~ioners llppointecl to cfTcct a partition of real estate have no right to go upon lnnds occupied aclven;cly to the partie.~ to the partition suit fur the purpose of making the examinnUon required by the law. PN :\klJo:"ot:cm, .J., dissenting: 4. I'U:.\Jll!<G ASIJ PHACTICE; FIN.\.I, 0lll>El1; P.lllTITION Sl'IT; 811,J. OF ExCF.i'TION~.-Where the trial court in a partition suit, upon in[ormation or the com111iSllionen; that a per,,ion not a party to the suit claimed part of the real property in question by adverse title i;et aside the judgment for partition 11uch an order nmountcd pmetice.lly to e. dii;mf!;l!ll.i of the i;uit, e.nd wa.s, therefore appcalablc. {>, PAl\TITION OF REA!, l'ROPY.llTY: AITTHORITY OF COlDllSSIONEl\S.-Thc comm\&<;loners appointed to effect the partiUon have no authority to inquire Into the question of ownership or possesiiion of the property to be pe.rti· tioncd, or any put of it. APPEAL from a judgment of the Court of Fir:;t Instance of Rizal. The fuels are 11tated in the decision of the court. E. i\fARTIN'E.Z LLANOS, for appellant. No uppearnnce" for appellee. WILLARU, J. : This i!:i an action fol' partition brought under the provisions of the Code of Civil Procedure. (Arts. 181, et seq.) The parties, both plaintiff and defendant, are apparently members of the same family. The complaint alleged that the plaintiffs aml defendants Juul been in posl!elision of the lands in question for many years. The defendants unswercd, admitting all the allegations of the com· plaint. A trial was had, at which the defendants not appearing, the {:ourt found that the plaintiff had a legal right to the prop· erty, nnd on June 21, 1902, entered the order provided for in sec· tion 184. On the 4th of February, 1903, two of the commissionel's so appointed (the third one having died) reported that when they examined the twenty-one parcels of land described in the complaint, they found that nine of them were in the possession of penmns not parties to the suit, who claimed to be the ow1wrs thereof by title adverse to that of the plaintiffs and defendants. The commissionel'S stated in this report that they did not think that the partition could be carried on under the circum.-;tances, but submitted the matter to the court. The latter, on Febntlll'y 5, made an order which, after refcl'ring to the report of the commissioners, direcled the plaintiffs to show to the court that the persons then in the pos:-;ession of the lands recognized the plaintiffli as the owners. On the 30th of Mal'ch the plaintiffs presented n petition in response to this order, which contained the followini.t prayer: "No. 7. That by virtue thereof the plaintiffs pray the court that in \'iew of the foregoing rPn!:<ons it orde>r a compliance with the judA'ment, eompelling the occupants of the land to submit to the partition which is ordered therein. without prejudice to their right to exercise n proper action for the l'<'COVel'Y thc1·eof, should the}' believe thcmseh·e.-; injured ther<>by." On .June 12, 1!103, thl' court mndc an order, the commcmcemrnt um! conclusion whereof nre 1\S follows: "ORUER. "Th<> uttom<')':< fm: the plnintitf in thl' document of the 30th of )for<'h la:<t prnyt•tl this court to order the C'Xeeution of the judgIH('llt l't'mlt•r<'d tlw 2l»t of .Jmw. l!l02, whPrf'in the legitimatt• l'iµht of thl' pnrtiC':< in this proc<'e(ling wns dt'C'lared in tlw un· tlh-irlNI own<'rship of the lands possrs:<C"d b~· thl'lll, 1md n pnrlition of tht• :<Ullll' wns onll'rC'd." "'\\'lwrt'fon' I ren•rse the judgment rendererl b~· this court on the 21st of June, 1902. and deny the petition of lhC' plaintiffs which occasions this ordC'r. Ho ordered. "F..:ux l\.l. ROXAS, "Judge of the Piftlt District. "JUAN BERXALES, "Clerk of Ri.:11/." To this order the plaintiffs excepted, and ha\'e rl'mo\·cd the case to this court by a bill of exceptions. The bill of exceptions must be dismi!ised, because no final judgment has been entered in the C'ourt below. Section 123 of the Cr)de of Cfril Procedure is as follows: "S..:c. 123. Jntcrlocutoru a.nd incidc11tal urders.-'So intcl'loN1· tory or incidental ruling, Ol'der, or judgment of the l'ourt of First Instance shall stay the progress of an action or proceed· ing thel'ein pending, but only such ruling, ordel', or judgment as finally determines the action or proceeding; nor shall any rnling, order, 01· judgment be the subject of appeal to the Supreme Court until final judgment is rendered for one part;-.· or the other." Section 143 pl'ovides as follows: "SEc. 143. l'erfccting bill of cxccptio11s.-l-pon the rendition of final judgment disposing of the action, either party shall have the right to perfect a bill of exceptions for a revie\\· h~, the Suvreme Court of all rulings, onlcrs, and judgments mndC' in the action, to which the pnrty has duly excepted at the time of making such ruling. ordel', or judgment." Neither one of the things accomplished b:r the order of June 12 put an encl to the action. The refusal to grnnt the motion of the plaintiffs that the execution be pmceeded with and the tenants be compelled to submit to the partition certainly wa,.; not a final judgment in favor of one party or the other. Nor wns that part of the order which vacated the order made on June 21, 1902. The vacation of that order left the case a:< if no such order had ever been made. It replaced it in the condition in whieh it wafl before the order was entered, and left the action still pending for fluch further proceedings therein as either party might desire to take. The validity of that order can be attacked in this court only when a final judgment has been rendered und the case re· moved here. At that time, by the terms of article 143. all onl('l'S made during the progress of the case whieh were duly cXC'eptc<l to, can be re\'iewed. In view of further proceedings in tll(' case, we will say, howewr, that in our opinion when in 1rn action for n pnl'tition Sll{'h as this was there is no agreement between the parties, and com· missioners have to be nppointed, and it appears that the property is in the actual adverse possession of thil'd persons, who claim to be the owners thereof, nnd who are not parties to the suit, the proceedings can not go on. \Yhether the persons should \w mnde parties to the partition suit and their claims there determined, or whether an independent action must be brought ngninst them, we do not decide. There is considerable confliet in the American authorities as to whether advcr-'le claims to ownership can he determined in n partition suit. As said abo\·e. we do not touch that question. \Ye do, hO\\.('VC'l', decide that before the com· missioners can make n partition the advel'se claims of the;;e actual occupants must be settled. If this were not done it would he phy»icnl!y impossible for thC' {'On11nisllioners to pPl'form th{'ir duties. They are by :<C'l'tion 185 required to "\·iC'\\' and examine the estate after due notiee to the partil';; to atlC'ml nt sud1 \"it>W and C'Xaminntion." In making thC' partition the,\· mn:<t ha\'c "cine regard to the impro\'cment.-;, »ituntion nm! qualit)· of the c!ilT('rpnts pnrts thNl'Of." Artil'I(' Hti of t]l(' Ci\'il C0tle pm\'it!C's thnt e\'ery po:'>s(•s;;or must bt• re:<peclC'd in hi:< llOssession. In th{' case nt hnr the <'Olllmis..,ionn:< and th<' partic•:< had no right to go upon the nine pnreels uth·l'r:<1•ly ol'c•upit•tl. for tlw purpose of making tlw C'Xaminntion r('quiretl h~· th<' law. In this <'ll:<e nm! in nil other similar cnses where conunissioncrs h:n·e to he np· OFFICIAL GAZETTE ±65 pointed, and the land is ad\·ersely held by third persons, it would be impos:;ihle to comply with Uw law. In the absCnce of any ex· pr<>ss provision to the contrary, this i~ a sufficient reason for holding that the law did not intend to allow a partition in such cases. :-.'ot only is tlwrc no such expn•ss provi ... ion, hut on the contrnry section 183 requirl's the complniut to "name each tenant in common, copurccncr or other pC1'1'01\ interested therein as defendantn." The bill of l'Xceptions is dismissed without costs.' McDorwuon, ./.: The material allegations of the complaint in this action for partition arc not controverted by the am;\\"C'I'. 111ey are therefore admitted, and, upon the admitted state of facts, the court below had authority to find and did find at the trial that the plaintiff had a legal right to a part of the !'state; and the court had a right, and it was its duty to order partition among the parties in interest. (Sec. 184, Code of Ci\·il Procrdure.) The court appointed three commissioners whose duty it was "to make partition and set off to the plaintiff and to each party in interest such part and proportion of the estate as the court shall order." Evidently "parties in interest," mentioned in this section, are the same as mentioned in section 181, which names those who may maintain a partition suit, viz, "a person having or holding real estate with others, in any form of joint tenancy, or tenancy in commor.." It has been held by many courts that it is of the very essence, therefore, of an action for partition that the holding of the real estate be a joint holding with others as joint tenants or tenants in common, Or coparceners; and that where one person owns all the estate or title in a given piece or parcel of land, there can be no partition as to that piece. In the case at bar it appears that the parties are joint possessors or tenants in common of all the pieces of property described in the complaint-twenty-one parcels. There was no legal proof before the court of any other claim or ownership. It is true that two of the commissioners (one having died) reported to the court below that a person, not a party to this a~tion, claimed to hold nine pieces of the real property by adverse title, and the judge of the Court of First Instance, thel'eupon, ncting on this report. set aside the judgment for partition, alleging thnt he was deceived in ordrr· ing such judgnwnt. There was no legal proof whatever before the court upon which this order could be bused. 'fhc onlcr amounted prncticnlly to a dismissal of the case. not only ns to the pieces alleged to be claimed adverse!)', but also 1u; to the other parcels of land which were conceded to be h<>ld in C'Ommon. and the ordrr or jmlgmrnt hnd the effect of staying the progress of the action of partition. It was therefore appealahlr, nm!, as it wns grunted without jlrO(K'r proof. it should be reversed. The commissioners we1·e not authorized and had no legnl right to inquire into the question of ownership or possession of the property in question or any part of it. It does not appear in tll<'ir rC'port thut they took th<> R\\·orn testimony of IUI~' witness or p11rt~· relating to the ownership or poss<•ssion of this property. If th(' prnctice followed hC're is to prevail, an)' squnttcr on renl prop· nty could preVC'nt a pllrtition without an:-.• proof whnte\·C'r, but by simply sn:o.·ing to the commissioners "I claim this property; I hold it h)' atlvc•rse possession." If .'illCh hcnrsny. s1wh unsworn stntrnwnt.'i, madC' out of court, nrr to l)(' consider('d sufficirnt causr to stop thC' progr('ss of a partition snit, the rquitnblr jurisdiC'tion of thr court woulcl hr placcd nt thC' mercy of e\•crr prolligatC' or nnconsrif'ntious person who. without proving nny titl(' or intn('.'it whnt('vrr in or to thC' vropnt.\• in suit. simply sn~·s lo thc commi.'isionrrs: "Get. off thi.'i Jnn1l: I own it." \Yithout pnssin,E? nu thc qncstion whcthrr or not thc quC'stion of 18429-2 adverse title, one claiming all of thf' propri-ty. can '* hit'<l in a partition suit, the decisions of the courts of the 8tatN1 lx·ing- at variance on this point, I am of opinion for the reasons 11lxwe stated the order of the court IJclow should be reversed. The right, title, and interests of one claiming to own propert~· by adverse title, and who i.-; not a party to the action, are amply prote\'.'ted Ly the provi!!ions of section 196 of the Code of ('i\·il Prncetlurc, for as against such an one the judgment in partition is not binding. COOPER, J ., concurring: I concur in the above opinion. Judgment affermed. [No. 143.1. January 14, lOOt] CO-BOO, pWi11tiff and appellee, t:s. L/.1f.'J'/A.?\', defe11da11t arid appellant. 1. CONTRACT: EXECl:TION: SIGSATl:RE.-lt is not matt•rial that anotht•r pt·rson elgn the name of the party executing a documt'nt if the act of signing wa1> authorlzed by bim at the time• and in his presence, or was afterwards 11.dopted or ratified liy the performant•c of acl.3 under and in pursuance of the contrnct. 2. IL>.: IL>.; DELIVERY.-Whcrc a contract Is signed by one and dclh·erei'I to another whose name does not Rppear In the document, the latter WRY bind himself as fully by Reeeptlng the delivery as if the had attached hls manua1 elgnature to the writing. APJ~EAL from a judgment of the Court of Firist Instance of Manila. The facts are stated in the opinion of the court. M. TORRES & Ct!I, for appellant. P. J. 1\fooRE, for appcllee. CoorER, J.: This suit was brought .by Co-Boo. the plaintiff, agnin:st Lim· Tian, the defendant, for the recovery of certain furniture nml store fixtures of the value of 6i6 pesos. Judgment was rendered in favor of the pluintifT against the defendant for the recovery of the property. A motion for a new trinl was made by the defendant in the Court of First Instance, which was overruled and nn appeal was taken to this court. The questions raisetl by the assignment of errors, while severnl in number, relate to the sufficiency of the plaintiff's evidcnr.e to support the judgment of the court. This will require n re\'iew of the evidence to determine its sufficiency. Co·lloo, the plaintiff, testified with reference to his ownership of the property that in 1899 his father, Co·Kny, intended to open a business in the store which the defendant now occupies and in which the furniture in question is situnted, and, with this view, placc.>d this furniturr. which then belonged to him, in tlw storC'; thnt on account of ill health hr left for China nnd i.,-ri.n·r the prop· erty in question to the plaintiff; that before leaving for Chinn, his father nssignf'd o\·n the lease on the store to the defendnnt nnd also lensed to him the furniture. all for the monthly rental of 75 pesos; that the defendant has since been paying to him i5 pesos per month for the store and furniture. La-Jo, n witness for the phtintilf, testified that Co·Kny. the father of the plaintiff Co-Boo, was the owner of the furniturr in question nt the time of the signing of the document leasing- the storehouse and the furniture to the defendnnt. The plaintiff also adduced in t'\·idem-e a certain do<'mnent of date Oet-0lx>r I. IR!l!l, purporting to he f'xecuted by Lim·Liah. Lim· Tian, nnd Co-Kn:o.". hy which the lattrr lensed to the former the storrhousc> nnd thr furniture nm! fixtures in question. Objretions Wl're made b\• the d<'fendant to th<' admission of this document, among them .thnt th<' document wnfl not signed hy the clf'fonrlant, Lim-Tinn. nor b~· C'o·Kny; thnt it dirl not hrar the timhn> of Lim· Tinn as is enstomnr:-.· among th<' ('hint>st>; thnt Ri·Tinng-. who signrd the docunl('nt for nil of the parti<'s, wn.<• not nuthorir.ed to 466 OFFICIAL GAZETTE sign tl1c same. Other objections of minor importance \l'l•re madl', which nce1l not be noticed. The 1•ontract having been miule and the document executed in Manila, the Huflieicncy of it must be tested by the laws of the Philippines, though it appears from the testimony of the witnesses that the contract was made in strict compliance with the custom of the Chinese in making such contracts. According to the ti•stimony of thi11 witness, the document having been written upon red-colored paper, it was not necessary that the timbre of LimTian should have been placed on it; nor was it necC!Ssary that the defendant should have signed the document, his name appearing in the body of it. It is not mat<>rial tlmt another person sigo the name of the party executing a document, if the act of signing was authorized at the time and in the presenee of the defendant, or was afterwards adopted or ratified by the prrformancc of nrt<i under and in pursuance of the contract. ( 7 Am. and :Eng. F.ne. of Law, 143.) Another principle of law is that where a contract is signed by one und delivered to another whose name does not appear to the document, the latter may bind himself as fully by accepting the delivery us if he had attached his manual signature to the writing. The plaintiff, Co-Boo, testified that nil of the parties to the documenl were present when it was executed, and, at their request, Ri-Tiang sibrned it for all; that the document was then delivered to him or his fnther in the presence of the defendant. The testimony of Dou-Jo, a, witness for the plaintiff,eorroborated this statement. He said that all were present and that Si-Tiang wrote the document and signed it for all, including the signing of the witnc~s's name, whose name was placed on the document ns a witness. Ln·Jo, a witness for the plaintiff, also. testifit>d as to the signinl! of the document and that Lim-Tian, the defendant, was present nt the lime of the signing of the contract by Si-Tinng, who wrote thf' document and signed for all parties. Lim-Tian, the defendant, does not contradict the stateme~t of the plaintiff and the witness to the effect that the document dated October I, 1800, was signed by Si-Tinng under his direction and tll'livcred by him to the plaintiff. The tcstimon;.,. of the defomlant consists of his own statement to the effect thnt he bought th(' furniture in question from Co·Tio, in the month of February. 1001; that Co-Tio wns, at the time of the purchase, his pnrtner, and thnt the pnrtnership on that day was dissolved, at which time the books of the partnership show that the defendant purchased the furniture in question from Co-Tio. The def Pndant offerPd in evidence the books of the partnership nhove reforrec\ to, hetwren himsrlf and Co-Tio, in which a list of the property, assets, enpital, etc., then belonging to the partnership hetweeri Co-Tio and the defendant, I~im-Tian, was shown. This hook wns admitted without objection on the part of the plaintiff. An entry npprnrs in this hook showing ""arious furniture in the store of the value of :Ji!i prsos." nnd which, on the dissolution. among thr othl'r proprrty belonging to the partnNship, was trnns· fnrrcl to the defendant. Th<' def<'ndnnt nlso offered in P\'idcnre two rect>ipts for rent. signNI hy ti!(' plaintiff. in whiC'h the 75 pe.«os, the monthly rental for thr storP, wns aeknowledgecl, without ref<'rring to thr hire of the furniture rontained in the st.ore. He nlso offt"rrd in evidenl'e an industrinl license issuPd h)· the Go\'ernmPnt to Co-Tio, authorizing thP <"nr)•ing on of thr husinPss, nnd which was afterwards t.ranl'fprrpc\ on the 5th of ~lnrch. l!JOl, h)· Co-Tio to the defendant. 'fhr 1lrfr1Hlnnt in his tC'stimon~· does not eontrndiC't in <'Xprr.:.s h•rms tlw tr.«timony of thE' plnintiff thnt th<' fnrnihll'l' in f!Uestion wns turnNI 1wrr to t.hr pnrhwr.'ihi11 of whi<'h h<' WI\!'\ a mrmber nt tllC' linw oft.he m11ki11g of t11r <'ontrnl't, nor thnt tllC' fnrniturP, at t.h(' tim(' of tl1(' mnking of thr (•ontriwt. WM• ow1wd hy the fotlwr nf tlw pll\intiff. Co·Kn~·. Hr srems to lrnvC' rr.«tNI his rlaim upon the insufficiency of the <"ontrnet of October I, 18!1!1, Ly rea:<on of thC' failure of him~elf and of the plaintiff to :-.i1-,'ll the ('ontnwt. illltl upon the disputable pr10sumption,; mentinned in Sf'C'tion a:l4. Code of Ch·il Procedure, suC'h as the presumption that ··thing-s which a person possesses are owned b~· him," ancl the p1·c-snmption that "a person is presumt•d to he the owner of propt•rt_,. from exereising acts of ownership over it:" the* are but prl'sumptions of fact and hnve weight on!~, in the absenre of e\·idl'neP, nncl are of no Yalne in a case where the proof as to own<'rship i,; fully shown by the evidence; nor was the other proof of tilt' def<'nclant of nny weight, that h., the entry contained in the hooks of partnl'r.~hip between the defendnnt and Co-Tio; nor was the industrial Jicrn.~e in the name of Co-Tio trnm=iforrcd to the defendant: nor t]l(' rr ceipb for rent which omitted any statenwnt that th<' i5 p<'sos, tllt' monthly rental, was for thf' l'l'nt of the furniture as w('ll a,; for the storehouse. This charact<>r of testimon~· is wholly insufficient, in view of the direct test:imony as to the ownership of thr prop· erty adduced by the plnintiff, arnl rather indicatPs n purpo.~1· on the part of the defenclant to wrongfoly appropriate the plaintiff's property. In order that this eourt nmy review tlw ('\'idenC'f' taken in the court below, it is nccf'ssnry that there should hil\'I' been 11 motion for a new trial in the Court of First lnstnnce. Xot only was tlw judgment of the court not. plainly and manifestly ag;1inst thl' weight of evidence. but harl the court renrler<'rl judgment in favor of the defendant. it, would have~ bel•n plainly and manifestly ng11inst the weight of evidence. The judgment of thr lo\"t>r eomt ii'i u!firmrd, with costs ugainst the appellant, Lim-Tinn. Judgment affermed. [No. 1447. April 12, 1904.] THB UV/TED STATES, compltti11ant und appelfcc, vs. PERFEC7'0 DE LEON ET AL., defendants and appellants. CRl)llNAI, LAW; BRIGANDAGE.-Where It appears that the armed band of whlC'h the accused were members was of a political cha.meter but that the members of the bond have committed acts falling within the scope of the act deftnlng brigandage they mar be convicted of t.hlfl offense. APPEAL from a judgement of the Court of First Instance of Rizal. The facts are stated in the opinion of the court. v. MIRANDA, for appellants. Solicitor-General ARANETA, for appellee. COOPER, J.: The defendants, Pt>rfecto de Leon. Ismael FrnneisC'o. Sil"crio Cruz, Domingo Inocencio, Andrl.'S de Lopio, and Vicente de! Mundo, nre clmrged with the crime of bandolerismo and were convicted by the Court of First InstnnC'e. Perfecto de Leon was sentenced to imprisonment for the period of twenty-eight year!!. Silverio Cruz and Vicente del Mundo to twC'nty-six years of imprisonment, Ismael Francisco and Andrefl de Lopio to twenty·four years of imprisonment nnd Domingo Inocencio to twenty years of imprisomuent. From this judgment the defendants ha\·e 11ppenled to thifi eourt. Tt is contended that there is no conclusive proof in the record which shows thnt thC' Mlppli<'s nnd prm·isions takPn in thf' townfl were obtained by force nnd violC'll<'l': nor i.<i it plainly provrn tlmt the cnrnbnos which were de\iver<'d to somr of the pnrty hnd bc<'n obtained by violpncc and intimidation employed against the pos· .«('ssor:'I of said prorrrty: and fnrtlwr, thnt thP orgnni?.ntioTI. Imel for its ohjf'<"t to nttnck nml contl'nd with thP C'onstnhulnry forers and municipal police of thr town!'\ for thl' pnrposl' of npproprinling to tlwmsrh·l'fi nrms nnd nmmunilion nwl to supply th('mselvN1 for the purpose of forming an army for n future inll.nrrrrtion; in othN words, that th(' hnnd wn.- of a politi('n] nature i~nd thnt thr OFFICIAL GAZETTE 467 appruprLltiou of proJwrly by the hand was for the purpo.o;e of sup· porting them in attaining political c>nchi. Jn ~en•ral case.<; which have been dC'cided by this court where it appc•nred that the organization of th~ party was of a political natun• and t.hat the members who formed such party or band com111ittrd actii coming within the definition of Act No. 518 against higl1way rnhlwry or brigandage, they may be properly convicted under thi.'I Act. Homan <l<' ,foliUS, ·a witness for the prosecution, testified that in the mouth of l;cbruary, l!J03, he wa1> captured at his home situated at Xornliches, by Vicente del Mundo, who carried him to 8an .\ligul'I and Firn>1tino; there wen• nine armed men in the party; lie remained there eight <lap;, during which time the fight ut Corrnl·na·Bato occurred; when thi!:!. buttle took place he ran off nnd lf'ft them nnd presented himself to the Constabulary; whf'll the hand captured him they canicd him to a place called Pugn· bnboy, Prnvinee of Rizal, wlwre he saw nbout two hundred per· sons armed with guns and 1·e,·0Jvers; nmong them he recognized l•'nustino 8an 1\.'liguel nnd Andres Roque. Ventura Albnda, a witness for the prosecution, testified that he wn.~ at the barrio of Pantuquin about the middle of December, 1902; that he there met with Perfecto de Leon, who tied him and curried him off; they ennied him to Pa>1ong·Buliti; he was n polic<·man of thr. presidencia; they were armed, each one, with a rl'\'OIVl'I'; thl'y shipped him of clothes, shoes, one pPso, and two ring-s; nft<>rwunls they took off the cords which bound him nml earrit>d him to the mountain of Rubog; when they took him th<'y tiNI his hunds nm! foet nnd threw him on the ground and we>re nbout to kill him; he remained in Pnsong-Baliti about five clays; ]IC' saw ther.! Sih·erio de la Cruz; he nlso saw Ismael Franci(;lco, am! ulso snw.Anatnlio Austria and Julian Santos; he saw about fifty nwn in Pasong-R1tliti; the>re wrre about forty arnwd with lkmin.!!tons nml S\iringfil'lds nm! others were dedicatl'!d to tlw work of preparing tue me11ls; Anatalio Austria was comnurntl('I' anc\ .Tulian 8nntos general; Ismael Francisco was not an oftie>iul; Pnfl'cto de Leon was an official; they all carried arms; after he ll'ft Pa.<;ong·Bnliti he went to the mountain Rubog; there wPre about fifty of the>m who had Hemingtons and Springfields; he saw Lm·inno 8nn l\Iiguel therC', who was called General San MignPl; lw nlso saw there Domingo lnoe>l'ncio, whom he also identifit>tl ns Jll'l'Sl'nt nt the trial; Han :\lig-uel nnd Vicente de! Mundo enrrh•d 1·r,·o\\•ers; Donlingo lnocencio carried n Remington; he remninNI in thC' mountain Hubog a week; they went down towards Manila; wlwn the>~· were nC'ar l\Ianiln they separated and he then madr his escape. Francisco Collno, a witness for the prosecution, testified that 1wn1• Chl'istmas of lust year he was in the pueblo, he being one of the sohliers of Faustino GuillPrmo; they entered Pasig one night nml fired .~ome shots and aft<'r having killed a mnn the)' left; lhrrr werr about forty in the band. mulrr the command of Basilio; tht•l'<' wC'l'e nlso pre>sent Cnptnin Turn, Apolonia Sampson .. Juan Castillo, Leoncio Papn, and Geronimo de L<'on; ,Julian Snntos was tlwre or ne>nr tl1C're; they killed one of the Constabulary band; whrn thr)' Jpft Pasig thry cnrrird off a gun which they obtained from the> dend person; witness wns with the party about two wreks; he wns captured at Balie>-Ralic by Leoneio Papa and they mnc!C' n soldier of him within the jurisdie>tion of 8ampnlor; they mrril'd him the>nce to the mountain called Tingo·bnntny, in the Province of Riznl; he> found mnn)' soldiel's thNe>, nbout a hundr<'d nwn, armed. uml<'r the <>ommnnd of Rnn )fig1wl; tlw· othPrs the>r<' in nuthority were C'irinro C'onlre>rns, ,Julian 8nnlos. nm\ many tenit>ntes, among th<'m PNfe<'to de Leon, f'ilwrio de In Cruz, Domingo Tnoce1wio, Vi('(';nte dPI Mundo, and othe>rs whosr nnmrs he> clol's not l'C'rall. all of whom \\'Pre armrd; the nrmrd hand went from Pllsi,:r to thC' monntnins; somr dn)'S nftC'rwnl'Cls thry went to Cnintn; thC')' t>ntere>1l Cninta nm\ thrrt> hnd n fight: thry killetl one> mnn nml took nwn)' twrnty ,:runs to tlw mountnin: they also took rigars and tnbncco from the stor<'s. for whirh tlwy pai1l nu money; ther(• Wt>l'e about u humlrPtl lllt'n ·who Pntrn•tl l'<1int:1: on that occasion they were u111ln the orders of San )liguel. Fau"· tino Guillermo, Leoncio Pnpa, G('ronimo de Leon and An<ltnlio Au,.tria; he does not know whether an)' of llle accused now pre"· ent were there; after they left Cainta they went to Antipolo and thert> had a fight with the Constabular)'; they took off supplies and went from Anti polo to Bosoboso; there they had a fight and left there, rnnning to the mountains; they went to Pnsong·dnmo; there were about fifty soldiers thPre muln thr commnnd of San Miguel and 1''nustino Guillermo; he knf'w in P:rnong·damo n man who was ea lied Marinno; they took a cambao from him; Domingo lnocen<'io wns a membt>r ~f Vil"<'ntt> Guillermo's party; they took off the earabno am! ,.olcl it in :Manila; this occurred about two wt>eks nfll'r thP nttnck on Pasig: aftt>r he> was eaptm·t>d by l..<>on<'io he re>mainf'cl with the part,,· nbout thl'ee months; sonwtimes they separated a11tl agnin cirnu> togPther; they recognized San ::\[igue>l as their chief; therf' were otlwr ollieers in the party; Faustino Guillermo, Ciriaco Coutre· ras. nnd Am1tnlio were also ofliccrs in the band, all under tht' o.rd<'l·s of Sun Miguel; he saw fre>quently. at 1liffere>nt phlel•s, the dl'ft>ndants, during th<' thrC>e months he was with the hand; thr\' ahmy;; had 1trms; they wt>re in the> mountains nnd wt>re ol)(')'l";I lly the IK'ople thel'e; they wnmlnecl around from one plart> to another; were not in uniform; they obtained food liy onlPringtlw citi1.ens to bring it from the hnuios; they (!hi not pay for tlwse supplies; he left the party and went into l\laniln; he kn<>w thut the> carahao wn.<1 takt>n because he saw it taken; the taking of tht> cambno occlllTt>cl before t)l(' oeemTl"lle>e at Pnsig; of those whom he recognizes nre: Perfecto lll' Leon, his teniente; Ismael Frnncisco, his teniente, 8ilverio clt>· Iii Cruz, his captain; Do· mingo InocPncio, hi.<1 soldier, Andres de Lupio, teniente>, um! Vicente de>I Mundo, his captain; the herder of th(' cnrnbno, who wus sequestered by tlw band, renmin<'Cl with it for some timl', Miguel Pasqunl, n witness for the> prosecution. testified that from the 10th day of October, 1902, until the month of February, 1903, he curried a gun; he was associaU>d with other pel'sons, muubering about 200; sometimes this party wns together and sometinlf's thPy separated; they were armed with :Mousers, Remingtons, and 8pringfields; Luciano San Miguel was the general; the other lead1•1·s Wf're Fnustino Guillermo, lieutenunt-eolonel, Apolonio 8nmpson, colonel, Cirine>o Contrerns, genernl. nnd Anatalio Contl'r· ms, conmmncler; Vicente de! Mundo was captain, Ismael Frnn<'isco, lit>utemrnt; 8il\'0 C'rio de la Cruz, capt11in; Perfeeto de Leon. lieutenant; Inocencio l'apa, lieutenant. nnd Andl't>S tie Lopio, lieute>nnnt; of tlwst> he l'ecognizes ns present in court: Ismael Frn.ncisco, Silverio de In Cruz, Andres Lopio, Vicente del Mundo, Perfecto de Leon, and Domingo lnocPn<'io; the latter was his companion in the fight nt Santa Hosa; he hnd seen them frc>quC'ntly since October of the pa!lt )'t>ar to Febnmry of this year; they had guns nm! he>ld ml!etings unde>r Luciano Han l\Hguel; thesr lllf'll operntt>d in th<" Provine>e of Riznl; the>)' lllO\'t>cl continually from om• pla<"e to another; they slt>pt in onf' pln<"f' nm! on the following dny l<>ft; sometimes they were thr<"e cln~·s in a pla<"C; ht> first joinf'(l them in Bugbng of Xovnlicht>s, in Riznl; when he joine>cl, in IlaJ!lmg, nil hnd guns nnd were <"OlllnmndNI hy Julian Rnntos; this wns in the month of Octob1'1', 1!)02; in BngbnJ! the>y hncl a fight nnd captured two of the Constnbulnry forC'e nnd killed on(' of them; thPy aftrrwards PntPrPd Xnvotn!'I nnd cnptured n polic"<'mnn and took nwny >:even r<"\'oh·ers anti some monC'y; thC' rommnndN who enterNI Xavotas \\ns ,Julian Rantos; thry hnd n fight also in Cnintn, Dosohoso. Antipolo. and C'orml·nn-Bnto, wh<'re tht>y killt>d two nwn: in Cainta thPy C'nptured somC' soldier s('outs nm\ killed n Constnhuhll')' sohliPr; ti\(' fight nt Xnvotns wns on thr 26th dn~· of Reptemher, l!l02: aftPr that of Xnvotns wns the fight nt C'orrnl·nn-nnto; on )paving C'orrnl-nn·Dnto thPy wrnt to Cnintn and nftf'l'wnrds to Antipo\o, wh<'r<' the')' hncl n fi.trht with thp C'on· stnhnlnr)' nnd took off rire> of the C'on.<1tnhulnry; from there> tht>y we>nt to Ro.~oho;;o nrnl nt 7 0°rlod;: nt night hnd a fight with thf' 468 OFFICIAL GAZETTE Coni.;tahuJary and scouts and ran off: when they '''Ne at Bo1mhoso witness saw the pre!'lidentc of the pul.'blo; on arriving there they a,.;ke(l food of the pn•si<lente and he did not wish to give it to them; Faustino comp(' lied the> presiden~; there were many in the party nrme<l; they afh•nrnrd!i went to .Mariquina, and from there to Corral-na·llato, where, at 12 o'clock nt night they had a fight and there was oric man killed; they remained one night in Corral· na-fiato, and went h'om there to Ragbag, San Francisco del Mont<', wlwre they separated; witnc11s left them and came to ).lanila to work, in l!JO:l; when they were at Navotas, .Julian Santos commamled; at Corml-na-Bato, Luciano San Miguel commanded, and al.~o 8an .Miguel commanded at Caintu and Antipolo and Bosoboso; Han l\lignel eommanded tlu~ second time also at Corral-na-Bato; witness saw the defendant Perfecto de Leon in Ilagbag and Pasongtam6 and San Frnnei:>co del 1\fonte also; witness saw Ismael Fran· cii;co in Ilagbag and Han FranciRco del Monte and Pasongtam6; he saw Hilverio de Ju Cruz in Cainta, Bagbag, Pasong-tam6, and Pasong-Baliti, and Corrnl-na-Bato; he knew Domingo Inocencio in Ranta Rosa; Andr1>s de Lopio in Punlonglupa, Pasong-Buliti, and Vicente de! }[undo in Bignay. Gerva11io Gimenez, a witness for the prosecution, testified that he lived in Polo in the month of ~ovember, the past year, and went from there to the mountains; he was captured by Lieutenant Cando; he told witness that Julian Santos sent for me and witness was Cllrl'icd to his presence in Ragbag; tlwre wel'e many people with ,Julian Santo.. in Bagbag; about firty; these men had arms and wCre in opposition to the Constabular~·; thPy listened when they passed and fired on them, and cnptured one and killed two. and the Constabulary ran off; they stripped the one they captured of his clothing and gun and let him go; ht-sides Julian Santos there wel'e present Perfecto de Leon. Andres de Lupio, Si!\'erio de la Cruz, Anatalio Austria, Ismael Francisco, and Andres Roque; t.hrsc men were chiefs; they had Remington, 8pringfl.eld, and :\'lnuser guns; Silve1·io had u revolver: Perfecto had a gun and a revolver; Andres dt> Lopio had a revolver, and Captain Andres a revolver; the fight occurred in Bagbng in the month of Decemhrr, the pa>it year. 'fhe witue.f;s identified as prl:'sent in court all of the defendants. During the time ht> wns with this hand they did nothing else than go from place to place. Th<' person in chin:.,'\! of getting prnvisions for them was Silvel'io de la Cruz; they visited a pince in the month of December near Novalichei;; they hnd gun;;. and there wa;; n llght there and they took a horse, whiCh escaped afterwartls and also took some guns; they Wt>nt to San Francisco d.el }lonte in the same month; hf' knf'w n mnn there who was called Maximo Morales; he ;;n\V him the Inst time at Bagobantny, near San Frnncisco; they Ctlptmed him tht>re and carried him to Julian Santos; .Julian Snntos nsked him if he was a spy and snit! it wa;.; best tlrnt thry should kill him and commanded that they should cnrrv him ~o tlw middle of the field nnd i.,rave to Alberto n dng~er t~ kill him with; the- spy wished Pnfecto dr Leon to prot<>rt him; ns PC'rfecto de Ikon could do nothing he left him to he killed. On that occar;;ion there were preSE"nt in rompnny with ,Julian Santos all of thosr mt"ntioned; there wert" about sevt>nty !ll('n in thr haml; witness knew the per;ion who is C'allt><I Anatalio Austria; km•\\ him :-tfl their commander; after the oecm·rence of ~an Frnnri;;co c\rl :Monte the band nwt nnd were awaitinj! an occRsion lo fi:tht: tlwy rhangrd constant!~· their plnC'<'s of stopping: somrtimrfi thC'Y \\'C'rC' in Rnglmg nnd at other tinws in 8nn Frnncisco (IC'\ )fontr': tlw~· drew their snppli"s from th(' neighboring ronntry; Sih'('rio dr In Cruz wn>i plnced in ehnrgl' h~- .Julian Snnto>i to gnth"r pro\'isiom~; Si\\·('rio ('nrrird with him n l't>\'olvf'r: somt"times the,v lookr(l for suppli('s nt nig-ht nnd sonwtimr>i in tht> da~·tinw. F.nriqnr Pasion, n witnt>ss for the proserution. tf'stifie(l thnt 11hont thl' mi(J.11" of thr month of OC'l'('mht•r. }!)02. uml to tlw ('flll nf .Jnnnnr~-. I!lO:l. hr wns with Firnstino Guillt"rmo :lml otlwr;o in tlw monntnins: h" w11s in C'orml-nn-Bnto nnd at )fapulung-lup·t: he knew ull of the defendants in this cu;;c~ knew them at the nLove-mentione<l places; their names are Teniente Perfocto de Leon, Cnpitnn Hilwrio, Teniente Ismael. Domingo Inocencio, und Andre,.; de Lopio; Vicente <lei )!undo was with them when they took away riee from Xovaliches; in the month of ,Jnnuary the~· visited the pueblo of San Mateo und during this vi~it took three carabaos; Domingo Inocencio is the person who took them irnd delivered them to Geronimo de Leon nnd the latter delivered them to witness; there were five of them in the party· that took the cnmbaos; all were armed; at the time they took the carubaos the owner was not present; they were in charge of an employee; he said that he could not give them the carabuos because they were not his, to which Geronimo de Leon replied if he did not he wou!tl kill him; they carried him to Pnsong-tamo, and ut midnight Domingo carried them to :Manila; when they arrh·ed at Pnsong-tamo with the carabaos they were ten in number; when they went out they left General Luciano San Miguel there, but when they returned he was not there; 8an l\Iiguel was recognized as the chief of all of the hoops and Geronimo de Leon was the immediate chief of the band to which witness belonged; there were other bands besides the party of Geronimo de Leon; thel'e were two othel' ba.nds. Juan Zorrilla, witncs3 for the prosecution, testified that his position wa..-; that of a spy for the Constabulary; that in December, HI02, he was a policeman of the presidenciu of Mameycnuayan, of the Province of Bulacan; that the police of that pince l'Ose and went to the mountains; they returned and took witness olf, uccuHing hin1 of being a spy; they were accompanied by others. altogether about twenty-seven armed men; while they hnd witness tied, in a drug store, they entered into fou1· Chino stores and took off clothing, money, shoes. towels, rice. cigarrettes, und tobacco; this occurred on the 28th and 29th of December of the pnst year; they carried witness off to the mountains; at that pince witnefis saw Anatalio Austria, Vicente de! Mundo, Tenicnte J\fourieio, Vicente Guillermo, Andres Roque, Jorge San Pedro, and one that was called Lieutenant Vale, Sil\'erio de In Cruz, nnd Ismael Francisco; witness remained with this crowd two months; during this time tht>re was a change of placr each dny and f'nch night; witness knew San l\Iigucl dming this time; hr mnde a cook of witnrss for more than a month; Snn 'i\[igul'l was l'hnnging his plaee of residence' constnntl:r·; went from one point to nnothrr. The witnrss identified pre.o;rnt, as persons whom he saw there, Vicente del Mundo, Ismael Francisco, Silverio de In f'rnz; hr knew thl'se mC'n about one month; saw thl'm frequrntly in thr mountains; the~· were all urmc1l, nnd Snn Mignrl wns tlw rhief in command; Faustino Guillermo, Apolonio Samson. Ciriaeo Contreras, and ViC'f'nte del :Mundo; thr o!Hen nhove Yirrnte dt>I Mundo was Ciriaco C'ontrerns; 11ml Fanstino Guillermo nnd Apolonio Samson were above in rank famnrl Francisco and Rih-nio dr In Cruz; sometimes thry oprratrd indr1)('ndt"nt of rach 0U1er and at other times they all were togl'thrr: witnrss left thrm at the battle of Corral-na-Bnto and C'ame to Manila; about twentynine of tht>m entered l\forilnw; witness \Wilt to the housP of the prE'sident and asked for his revolver and ns the president did not wi;;.h to gi\•e them the reYolver the soldiers fired two shots ·and took nwa~· the re\"olver. senrrhing the house and taking awn~· from it two watches, clothrs. nml other nrticlf's. Gregorio Cervantes. n witnrfi>i for the prosC'rution. testified that in thr month of XO\'t>mhPr hr wns nt Corrnl-ni1-Rato with .Julian Santos who had with him about fifty men armed with Remin~ons and re,·olw•rs: therr wrrr then prN1l'nt f'n'nt>rnl Rnntos nnd Pcl'feeto de Lron nm! their C'Ompnnion.-. twrnt~·-fiw• in number, all armed with guns: on this orrnsion th<'y rnrrirtl Gozon and Ampil to Corrnl-nn-Bnto nml thrrr clelfrf'rrd to .Julian Rrmto.- Ampil and CTozon. who WNC' tlwn .-entenCf'd; tht"y cnrril"d thrm to n pince l"nllrd Hulnrnn: thnr wt•rt> nhout twrnt~· men Rlong and when thC'~' nrri\'C'd tht>re. hr onlt>r of <rl>nrrnl Ranto>i. thr two men wrrt> eXC'rlltr<l h~· Lui.- Alberfa nml Dominizo Pnom· OFFICIAL GAZETTE 469 bong; afltor tlwy WN<' killc•d their heads were cut off; .Julian Santos W!IM prPl!rnt; tlwre were four pE'r11on11 who formed the counC"il to try the two m(•n; they were .Julian Santos, Domingo Paomhong, Lui;i Alberta. nnd Perfecto de J,,pon. \\'itnes11 was with thr hand of .Julian 8anto!I for Heven months; he left the band ahout a week after the death of the two men. Othrr witncssc>s teHtified in the ca!le, whose te.~timony wn.s equally conclm1ive. Every clemrnt of the offen!4e defined in Rection l of Act No. :ilf! has bel'n fully proven. The judgment of the Court of Fir.'lt ln.<itance is a!lirmetl. .fudy111c11/ <1ffirmcd. {No.1462. April 11, 1904.] /,.I }{,tY,O~I SOCLtJ, DH Hf.ION JJH /. Db' LA R:t.UA, plaintiffs and appellants, !JS, RONHX/JO L.tCHO.Y, defendant and appellee. CONTl!ACTS; Ii.I.EGA!. CoNSllJEllATJON; GAMBJ,ING DEBT.-No ectlon cen be maintained for the recovery of mone~· won in 11 game of chnncC", lnck, or haze.rd, APPEAL from a judgment of the Court of First Instance of N"egros Occidental. The facts ue stated in the opinion of the court. LEllES'.\IA & SUl!ULONG, for appellants. R. AVANCENA, for appellee. COOPER, ,J.: The plaintiff!! brought this action against Don Rosendo Lacson for the recovery of the i,ium of 2,950 pesos, The instrument upon which tlw demand is founded is us follows, to wit: "I ackno\\;ledge to be in debt to Don Esteban de la Rama in the sum of 2,!liiO peso.-;, and in security for the same I sign these presents. "R. LACSON. "Jul}' JO, 18fl7." This 1locum<'nl wa.'i transf(>l'l'NI by sm•ee!lsivt> indor!!t'ments to the plnintiff. It is nllegPd in the C'omplaint thrt llw snid .'iUlll of money was loanC"d without interest and without a fixed time of payment. In hi~ answer the defendant sets up as a defem1e that the note was g'iv<'l1 in consideration of n debt won b~· the plaintiff from the dt>fendant in a game of monte. The Court of First Instance found that the note was t~fren for n j.,"Umhling debt and held it upon these grounds to be inrnlid. It is C'Xpressly provided in article 17118 of the Civil Code that no nction can be founded upon a claim for a debt won in n g11111e of c•hnnce, luck, or haznrd. This question arm•e in the ense of Jos~ Esc1liaute 11s. Venacio Frnncis('o (I Off. Gnz., 855) ;md in tlw ease of Palma 1ts. f'll· fiiznr('<; (I Off. Gaz .. 516), which were !:'Uits founded upon nows thC' eonsiderntion of which were gnmbling dt>bt!I. In these c11ses we hnve held that such actions can not bi" maintained. The Court of First Instance propel'ly rendered judgment in favor of tll(' (\eft>ndant and the judgmt>nt must be affirmed, with the eost of proeC'etlini.,.-.i adjudged against the plaintiff, which is nC'C'ordingly 1lonc. 'forre11, ~renonongh, ,Johnson, .J,J., concur. Arellnuo, C. ,J., )fopa .• J., dissent. .Judyme11t af!irmed. [No. 1490, Aprll2, 190-I.] 0. Jo'. (':t.\IPUJ~J,f, :l.YTJ <J0·1'A.l'ro. ptaillliffs a11d "Pl'ellm1fR, JH.:1-IS, J/f,TRH tf ('0., dcfP-ndnntR nnd appf.'llef'.~. l. l:ONTlUCT: Ht'11.111N<l: AC'nwrANCEo•· Wo1u:.-The a<'<'C'pta.nC'c and (l('<'11p11· tlon of a tmlldlng by till' owner amounts to an al'knowlcdgmC'nt that thC' work lms bl.'l'U pl'rformed sub!;tantinlly n..~ required by thC' contract. 2. ID.; In.; BllF.ACH OF COSDITIONS; ~IEABl'ltE OF DAMJ.(;£9.-Jn ('ti.SC of II. contrnct for fumishingmaterials11nd building a house in a specific manner. if it be not done Recording to the con1r11et the pRrty for whom ii Is built may rd11se 10 reedVC' It and elect lo takt..· no benefit from what hes been pcrforml-<l, but if he doearecclYcit he is bound to pR)' 1here....son11.ble \"11\ueof what he rect'in.,.. 3. Io.; Elrrm•J>EL.-The owner of a vae1mt Joi mode e C'onlract for the 11.1\ing of lhc lot with eaod at so much e cubiC" meter, and mudc payments to the contraC"tor upon receipts for the sand deli\·cred, issued b)' the owner's ft,l!:l:'DI on the ground. The owner subseqm:11tly altemplt'd lo rc1•ovcr from the colltmt·tor part of the mone)' peid upon the ground that tbt• amount of sund actually delivered was le.!<'1 thnn that representt...:1 b)· the receipt~. Jfcfd, that in the absence of fraud the owner is e:stopp1,..,j from denying the receipt of the 1111.nd. 4. lo.: MISTAKE.-To jw;tify a recovery on the ground of mistnkc of fal'l the mistake must be mutual. APPEAL from a judgment of the Coul't of First lnstarl('c of i\Ianila. The facts are stated in the opinion of the court. <.'HICOTE, Gums & KI:"CAll>, for appellants. P11.1.SIH 1lY & 1-iUTRO, for appellees. McDmrnuG11, ./.: On June 20, IHOI, the appellants entcr1•d into a C'outrnct with the itppellces, under which the fornlC'r were to build for the latter n dwelling, on a certain lot in the city of Manila, according to a plan an<l specifications made for this pul'pose for the sum of 13,000 :\frxican pr.>l'os, pa)"ment to be mudc in three installments --4,000 pesos when the necessar;y material was on the land anti the work was commenced; 4,000 )X'sos when the house wus finished as to walls, rnof, etc., and ii,000 pesos on the completion of the work, which was to be finished within thl'ce months. In addition 500 pesos We!'e to be paid for the inslallution of the city water in stables, kitchen, baths, and water closets, and the llC'C'l'~· sary drain pipes and for the construction of n stable in accordanct• with the spceifications indicnlC'd, l,500 Mexican pesos, pnyuble at the termination of the work, making a sum total of 15,000 Mexican pesos. On the 20th day of ,June, 1901, plaintiffs contraded with thC" defendants to fill I\ eertain lot. on the bunk of the Pasig Hinr, with earth and sand, nt the rate of $1.30, ;\kxiC'nn eurrency, pel' cubic meter, n copy of which contraet is us fo\lo\\·s: l\IANILA, P. I., ./11111: JO, l!llJl. "\Ye, Campbell & Uo·'l'uuco, Jwrcby agTl'l' to and with Behn, Meyer & Co., city of }.lanilu, upon tlwir signed aeceptance to fill up a certnin lot lying on the bank of the Pasig H.ivt•I', next to Malacaiian Palace, with suitable filling compm1ed of earth and saml of good 11uality, at the rate of $1.30, i\Iexicnn cmTency, per cubic meter. }.fo.tel'ial will be measured in whatevrr wav the said Cambell & Go-Tnueo, with thC' npproval of Behn, ~le,yer & Co., deem mo.st expedient; then spread e\'enly over the g-rnund to bring the lot to 1\ certnin level, which level will be determined by Rehn, ;\lcyer & Co. Weekly, to account, payments to be mnde to Campbell & Go-Tauco by Behn, .Meyer & Co. The nmount to IM' furnished will be O\'Cr 15,000 cubic meter:; u.nd deli\•ered at the rate of 5,000 cubic meters monthl;'l, unl<'ss some unfon•s1'1'n eause, as storms, etc., make it impo;:;sible. "Aecepted. "BENJI, .MEYIIB & Co. "Go·'l'Auco. 0. I<'. CAllPDELL, ''('011/racf<ws.'' The contmct and specifications for the building of the house are quite brief; and the)·. ns WC'll as tlw pl1111>1. show n bwk of suC'h details as to WOl'k nnd matt>rials a.-i nre usual!)· inenrpnrnt<'1l in contracb, plans, and specificntions for ex1w11:'<i\'e buihlin~s. The specifications ure as follows: "Specification!.-! to goYern the 1•1mstrul'lion of 11 houSI' of stron~ material on the lot on :\l11lim11inn Stn·t't. Distrirt of Sun :\lig-1ll'l: owners, Behn, llf'yer & Co. '•First. Tlw hom;p shall lw twent.\··fonr yunls in width. twt>nty yards deep nnd sevf'n nm\ ont>·lmlf ynnls high. 470 OFFICIAL GAZETTE "8ccond. The foundations shall be of ordinary Guadalupe ... tone and shall have a depth of l m. by 1 m. with piers I m. IJy 0.00 m. The stonework of the lower story shall be of the kind known m1. ordiuary Guadalupe stone of 0.16 of a meter. "Third. Tha uprights shall be constru('ted of npiton, macasin, or amogui11 wood 0.20 m. by 0.20 m. square. The framework of the roof, the stringers, tru.-;scs, cross b<·nms, hangers, slays, and partitions fihall be of a piton, macasin, or amoguis wood; the stays Nhall he 0.12 m. by O.Oi m. squan'. "Fourth. The partitions of the upper !loon> shall be of bouds made of the woods above indicated, one-half inch in thickness; the flooring of the upper story shall be of amoguis or tangli. "Fifth. The windows shall he of native shell. The doors of the rooms on the upper gtory and of the apartments on the lower story shall be of macnsin or npiton and the railing of the JJOrch slmll be of timber of the same class. Sixth. The principal stairway ghall be l m. and 0.40 m. wide, with a hand mil and railings 0.05 by 0.04 m., and another stairway for the servants 0.05 m. wide, constructed of timber of the second class. "&vcmth. The paint uged on the exterior of the ·building shall be oil paint and on the interior water paint, with the exception of the doors, which arc to be varnished." The parties to the building contract agreed to ha,·e certain alterations and additions made to the house, and these were made during the progress of the work. The amount charged by the plaintiffs for the materials and labor for these alterations and the extm work was i, i 50 pesos, making the total cost of the structures and appmtenanccio; the sum of 22,i50.62 pesos, of which sum the defendants paid to the plaintiffs the sum of 13,500 pcsoS, leaving an unpaid balance claimed by the plaintiffs of $0,250.02, l\lexican cuncncy, for which sum the plaintiffs brought this action. The defendants, in their answer disputed their liability to pay a sum of $2,333.12, :!\lcxican, claimed by plaintiffs for alterations, extra work, and labor; but at the tl'inl they pra<'tically admitted that if they failed in their defense that the plaintiffs constructed said dwelling house in an unworkmanlike, careless, and negligent manner, 1..he plaintiffs would be entitled to ju<lgmt>nt for the full amount claimed by them for their work and materials, viz, !1,250.62 pesos. In his decision of the case, the learned judge of tht> Comt of First Instance mugt ha\'c found that this extra sum claimed hy plaintiffs was proved, for he stated: "I have eoncludcd that an equitable adjustment of this matter is to deny the plaintiffs any other compensation than tlw~· ha\'e already rPceivcc\, bccnuge of their breach of contract in so defecti\'C'ly constructing the impl'owmcnts of the dc>ft>ndnnts, nnd tlrnt the defcndunts are> <'ntitlcd to at least the 11npaid balance, as damages sustained by them on account of the manner in which these imprm·<'ments W<'re C'onstruct.C'd b;.,. the plaintifTs." The unpaid balance claimed by plaintiffs was $0,250.G2, ·Mexican currency. As the defendants neither objected or took exception to this finding of the (•ourt, it mu.it stand as the amount whi<'h th<' court held was ofTsc>t by Un• fnilm1• of th<' plaintiffs to comply with tlwir building ngrc><'mcnt. The defendants not only C'lnimC'd dnnmg<'s fnr this bl'mch of the building contract fol' tlw l'C'nson, aio; tlwy all<'ged, that the work was not performed acconling to the C'ontmrt, plans, nml specifications, hut, b~· way of count<'l'eiftim, tlwy nlso all<'g<' thnt plaintiffs represl'nted to the defendants thnt tlw nmount of snncl and e>arth used in the filling of the> lot was 02,li00.50 cuhi<' nlC'tC'rs, and that the de>fomlnnts paid to the> plaintiff>; tlwr<'fol'I', $81.4!li.65. ::\[l'xican enrrenC'~'; that th<' nmount of earth nnd snnd nctunll~· 1\epo,.it('(l on >;nid lot wn..; :n,ono C'uhie meters, and that they hnd pnid the plaintiff!>: for 31,<i!lO.:iO C'nhi<' nwtf'l'S of snnd or dirt whieh wns not USC'tl to fill tlw lot in qu<'>ltion, nmonntin~ to thf' sum of $41.Hl7.G5, °M<'Xi<'illl <'lllTt'l\('Y· nrnl prny<'d jwl~m<'nt for thf' sum of $il.Hli.G5, .:Uexicnn CUITen<~y, to wit, $30,000 on their 0first (•ountt>rclaim for the failure of plaintiffs to comply with the buil<ling 11greement and $41,19i.G5 on the second countnclnim, with ~osts. Jn their reply the pluintiffs allege that they had deliwrcd on said lot, for dcf1mdant.<;, 64,444 cubic meters of enrth and sand. fol' which they are entitled to $83,ii7.20, Mexican c·urrenc.r, and that thel'e is due them thereon $2,279.55. Jn the decision of the court below it is said by the judge: "I am further satisfied that the <lefendants paid plaintiffs $1.30 per cubic meter for at least 40,000 cubic meters of sand nnd dirt as filling for their lot that was not put thereon by plnintiffa, which amounts in the aggregate to $52,000, ::\lcxican currency." And judgment was ordered "that the plaintiffs' complaint he dismissed and that th<' defendants reco\'er of the plaintiffs the said sum of $52,000, ::\Jexican, and costs of thi" case. Plaintiffs duly excepted, and made a motion for a new trial. The house was finished early in ::\lay, 1902, and the defendants accepted it by moving into it at that time. A careful reading of the C\'idence in this Cilse, and an ('Xamination of the plans and specificntions lead to the conclusion that then• arc defects in the building in question. Among these are the following: The foundntions are not such as a first-class architect would recommeml for n large building, to be erected on soft and spongy ground; the pillars are not placed on these foundations in such a way as to give the best support; the wood i!l of an inferior kind or group. The house has settled: the floor-boards and others have shrunk and the Jloor of the veranda slopes towards the house on nil sides. In order, however, to hold the plaintiffs liable for these defects of plans; specifications, and of eC1nstruction, it must be shown that they were caused by the plaintiffs nnd because of their defcctivf' workmanship. During the progress1 of the work, the defendants had two engineers on the premises, Mr. Duff, who died, and ::\Ir. Cook, who succeeded him, whose duty it wns to see to it that the work was done in a workmanlikf' manner ancl according to tl,e plnns nnd specifications. There is no e\·idence to show that the instruction" of the engineer who directed the work, were, nt nny timf', di,;regnrdl'd by the plaintiffs, nor is there anything in the case showing that th<' engineer complained of <lefecti\'e work. l\Ioreover it is prn('tically conceded by nil the witnesses examined on this question that the wood nnd timber prol'ided for in the contrnct wns of an inferior group or grade, such as wnrps and shrink,;. The mo"t serious defect in the house was C<lllSC'd by the settling of the pillars fol' lack of proper foundations, The proof, however, shows that the foundations were built according to the plans and spccificntions nnd that the pillnrs Wf're placed as the phms required them to be plnced. The plaintiffs are not to be held in damages for following these plans, especially when they were followed under the eyes of the defendant,,• l'nginecr and without objection from him. In fact it was afiirmatively shown in the cnse that ::\[r. DulT ga\'c orders regarding trhe chnnges of posts and made the modificationi:; he deemed necessary in regard to the foundations and post.;;;: and Mr. Dettmer, the manngt"r of the de>fendnnts, testified that Mr. Duff, as snrveror "had power to SC'C that the building was properly carried out." The principnl cxpcrt witness for the de>fC'ndunts testified that the>re> was a dl'foC't of construction, in thnt not nll of thf' pins nrc nml<'I' the po,,ts or pillars: that thl' pillnr" ought to r<'st on top of th<' foundnt.ion: but wl\('n shown t.h<' plnn of the building, which was npprnv<'cl b~· tlw municipal authoriti{'s, hf' admitted, that llC<'ortling- to th<':><' plnn,,., tlw pillnrs we>re to !'<'.'it not on top of tht" foundations, but to pnss throug-h t\l{' fou111latiom1 nnd to n•st in tht" ground: and thnt wlwn thf' huildns plaC'e>d a eoursf' of ~ton<' umk>r thf' pillnr.<1 in the mi(h\IP of thC' foumlntion, thl'y imprO\"ed on tlw plan 11ml mndc> tl\(' foumlations of the pillars >;trongC'T: nor (licl this witnf's" "llY tlmt the joints of the> pillnrs OFFICIAL GAZETTE 471 were in-~ullicient. Ile said they could he improved by using straps as well al'! l1olts. There is nothing, however, in the plans or spccifi1·ationii 1wp1iring straps. Olhcr rlefrcts mentioned by thir-1 witness are undoubtedly due to the grade of lumber used, the same kind provided for in the contract and :-11x:cifications. The specifications, imid this witness, provide for timber of the third group. This grade of timber is Jighfrr and more spongy than the groups higher than the third. On account of IK'ing sponb'Y it shrfnks during the heat. It can not be tightly adju;itrd so as not to leave a space. It would be dilllcult to make a good joint with this wood which would remain joined; it could be tight but it might shrink and open and close again. Surely the plaintiffs can not he held rc!!ponsible for the defects of the timber whit'h they furnished, as provided for in their agreement, and which was of the group and quality designated by the defC'ndants. Frnm the evidence in this case it must be found as conclusions of fact: ( 1) That in the construction of the building, the contract, plans, and i;pecifications ha\'C been complied with, with the ei· <'Cption of a variation to the advantage of the owner, which is that the principal posts rest upon layers of stone instead· of upon the ground, as called for by the pilm. (2) That if there has been any vuiation from the original plan, this was done largely, if not wholly, with the consent of lhc ownel", and, at all events, with that of his agent, the inspe<'ting engineer, and that these changes have been improvements. ( 3) That the house was constructed under a contract and speci· lieations which did little more than to designate the size· of the bnilding, th(! material to be emplo:\'e<l, and, with the plan, gave a drawing of the building, leaving the details necessarily almost completely to the direction of the inspecting architect or engineer. (4) That the owner intrusted the direction of the work to an inspecting engineer selected by himself, with full authority to represent him, and that the coutractor has performed the work wholly in accordance with the direction .of the said inspecting <'ngineer. (5) That althought there is some evidence to indicate that a part of the house has settled a little more than other parts, this is due either to the ground itself or to u defect in the plan, or to the directions of the inspecting engineer, and can not he attributed to ll failure on the part of the contractor to eomply with the conditions of the contract. ( 6) If there are any cracks in the floor and in the joints in the building, this is due to the class of lumber which was selected b_.,· the owner. (7) That the plan of the work and the placing of the principal posb were approved by the City Engineer and wf!re in conformity wit.h the ordinances. (8) That th<' owner took poss<'i;sion of the hom~e in the month of 1\fny, HI02, and has occnpiC'cl it since that time as a dwelling house. n_.,, the Yer.'' faet of acrepting the hons<', and occupying it, the (\<'fC'ndnnts aC'knowlNlgrd that it was <'Onstructed imbstantinll.'' as rl'quir<'rl hy the eontrnrt, plans. and sp<'cifications; and this is tll<' lnw even when tll<' work is not done according to the rontrnct, hut accrpted. Tn ra1>.e of n contract for furni1>.lliug- mntPrials and building a hous<' in a spr-rific manner, if it !)(' not donr acrording to the rontrnct, thr party for whom it iR built ma ... • r<'fnse to rl'<'t'ivr it rmcl l'l<'c·t to takC' no bcn<'fit from what has l)('<'n pC'rformrd. If hf" 11o<'s. r<'r<'h'C' it. lw shall ])(' houncl to pn ... • the vnh1r-t.hC> rf"nson· nhlr worth of what h<' rf"rl'h·rs. ((; ~C'W H'ampsl1ir<'. 481. 8.) 'Vlwrl' tll<' O\\"lll'r mons into tlw building rontrndr-11 for. the rlllC' of snhstnntinl pnformanC'r shou\11 hf" nppli<'il in· nn aC'tion h.'' thC' C'ontrnl'tor. fDm·ll 1w. M('Crnw, Rf! Hun. (N. Y.). :mi.) This hrin,g the lllw. the C'ourt l)('Jow erred in adoptin,g as n meai;ure of liamages what it would cost to t~ke this building dowu und to rebuild it, estimating the cost of the materials and of necessary new materials, and without proof of the actual co,;ts of either. This is not the rule or measure of clnmages adoph·d by the l'ourts. (Kidd vs. McCormick, 83 N. Y., 391; Corland r.s. Xew Orlcam;, 13 La. Ann., 43; Cullen rs. Senrs, 112 )lass .. 2!1!1.) It follows that inasmuch as the pluintitfs complied with their t·ontrnct and constructed the house according to the plans aml specifications and under the directions of the defcndanbi or their authorizL--<l ug.mts, they are entitled to reco\•er therefor<' the unpaid balance as found by the court below, viz, the sum of $9,250.62, Mexican currency. The claim for a recovery of the money paid by the d<'fcndnnts to the plaintiffs for 31,690.50 cubic meters of sand and earth which it is all<'ged W<'re paid for I.mt were not placed on the defendants' lot, is next to he considered. The contract is undisputed, but the defendants claim that the total amount of earth and sand pnid for was not deli\"ered and that the money was paid therefor under a mutual mistake of facts. The plaintiffs are not charged with receh·ing this money by fraud or deceit or with any fraud or deceit, in the measurement or delivery of the sand and earth. Tlw defendants paid for 62,690.50 cuhic meters and the plaintiffs claim that they delivered to the defendants 64,444 cubic m<'ters and ask in their reply to the defendants' answer for payment of l,i53.50 cubic meters, not heretofore paid for, amounting to $2,2i!l.55, Mexican currency. The burden of the proof ii; on the defendants to show that they did not receive the 62,690.50 cubic meters of sand and earth. un;l on the plaintiffs to show that they delivered l,i53.50 cubic meters of sand and earth, for whieh they were not paid. Pursuant to their contract, the plaintiffs began to deliver the sand and fill the lot on or about July 14, l!JOI, and continued to deliver the same until April, 1902. The sand was measured in bancns by the agent or servant selected aml paid by the defendants. Receipts for this sand were given daily to plaintiffs and at the end of each week duplicate bills were rendered by them to the defcmlants, whid1 were O. K.'d by the manager of th<' dC>fendants' firm and then puid. The authorized representative of the defendants who gave the recC>ipts was on the ground constantly to receive this sand-in fact he lived on the ground. The sand was taken from the river and was wet when delivered. Thr defendants kept a book account of nil sand delivered. The plaintiffs kept a man there to see to it that nil the filling Wl'nt on and to take the receipts from defendants' representative. One of the representatives of the defendants who measured the sand wns called as a witness hy the plaintiff!! and testified tlut't he measured the water line of the bnncas containing the sand. Thnt the number of cubic meters of sand were told by certnin marks on both sides of each banca; anti that he wns instructed b ... • the manager of the defendants that it was not necessary to measurrthe baneas. The defendants b~· their own books and r<'ceipts. ancl as mrasurcd by their own ngents or servnnts, showed thnt the~· received and paid for 62,690.50 meters of sand nnd earth. In order to dispro\'e their own admissions and books, tll<'~' culled two exprrt witnesses to show that this amount of sand and f'arth \ms not on the lot in question at the time of the mf'asurl'mrnt b ... · thes(' witnC'sses-pr<'sumably nftrr R<'pt<'mbrr 6, 1902: for in thf' l<'ttrr of th<' dt'fcndants to thr- p\uintiffs of thnt daf<' tlw form<'l' clo not nppcnr to ha\"c hnd the figurrs suhs<'qnentl ... · .1.dwn hy thl'sr witnf'!;S<'S-and many month;; nft<'r th<' sand and earth wus nil clr-lfrered. Thr defrndnnt1>. did not enll ns witnPSfif'S any of th<'ir own n,gf'nts or RC'rvnnt1>. who mensnrPd this snnd at th<' tinw of ilf"livrr:''. nor nn ... • of the hnnC'n ownrrs or mnnaj!('rs to show thr amount delivered. 472 OFFICIAL GAZETTE The lot which was filled containt•d according to defendants' witnes1>cri a superficial area of Hl.573.50 square meters. It was, before it was fill<'d, a rough pieC'e of land, covered with very deep clitches, in part a paddy firld and in part a swamp where people fished and watered tlwir carabaos. The defendants' l'XIK'l'lH made a ~uney of this lot and an examination of the sand thereon, many months 'tfter it m1s deposited, with a vi<•\\' of determining the amount of sand originally :lepositcd there by the plaintifTs. 'l'h<'y measured lhe area of the lot and sunk five or l'liX holes down to what they called the original soil, took the depth of the sand as shown by these holes, made a general average allowing 15 per cent for settlement, and reached the conclusion that there had been placed thereon a (1uantity of sand amounting "approximately" to 20,965 cubic mclers. These holes, it was said, were distributed at intervals over the property, so as to enable the witnesRes to get an average "guess" at, or approxima· tion of the amount delivered. One of these experts stated that he did not see this zitcate field before it was filled up and that he did not know how many little ridges there were or how many canals may have existed on the property. \\'e <;an uot assume, in the absence of proof, that these witnesses sunk holes in that part of this large lot where the deep ditches or ennals existed or where the swamp was. The correctne!'iS of the conclusion reached by these experts depended to a great extent on the depth of the holes imnk through the sand, ancl this depth depend!!d on whether or not they were sunk on the level part of the lot or in the ditches or ,;wamp. The evidence, therefore, is uncertain, aml does not enable us to accurntely determine the exuct number of cubic feet of sand or earth df'livered on the lot; and this is especially true when the <'Yidenef' shows that the conclusions of the defendants' experts are disputed by two experts called by the plaintiff, experts of larger experience than those of the defendants nnd equally as competent to give opinions 011 this question. These experts called by the plaintiffs. testified that the amount of sand and earth mentioned as delivered and pitid for could have been delivered on this lot and yet show no greater bulk than thnt which nppeared there when the defendants' experts made their mcasul'ements, provided a greater percentage were allowed for i;ettlement and they cited the works of eminent engineers to show that the allowance for settlement should be from 31 to 38 per cent instead of 15 per cent. In ;,icw of the fact that this filling was measured at so long ll time aft('I' it W>\S plnced on the lot; in Yiew of the fact that the e1>timates of tlwsc witnesses of the amount delivered is hut nn approxinmtion or '"gli<'ss"; in view of the conflict of testimony rt>ganling such amount. nm! in view of the fact that the defendants, by their nuthorfaed representatives, actually measured the snnd nnd earth, at the time of the delivery of each bancu load, iQ. t.hr. manner dirf'cted b)' the mnnuger of the deff'ndnnt, we can not now sny that this lnlter nwnsurcment is all wrong nnd the new m<'asurenwnt all right: l'speC"ially when thf're is no proof that Hll)' frnml or d('ceit was practiced on thf' defendants in the mRtter of !ll<'nsurements or in the kN•ping of the neC"ounb thereof. TIH· lenrn<'d jmlgl' who tri('(l this cast' s('('ms to havt> !wen of t.he opinion that \)('C"llUSC" tlw contraC"t states that the nrno1mt of snnd to be delivf'red shnll hf' "011cr l!l.000 cubic meters," thf'refore it wns a {'om·lush·1· l'Orrohorntion of his finding t.lmt not mol'e than 21.000 cuhi(' nwtNs of filling wns plnC'cd on ti\{' lot. 1f only about 15,000 cnhiC" nwters wcre intended, wh)' did not thE' d<'ff'ndants stop tl\{' dE"ih·cry when tht>y knE'w that 15,000 eubic nwtcrs hnd hern drlivf'r('d ! Aftrr thf' amount had gonr hryoml that mark, why wel"E' not thf" ilt•frndants put. npon inquiry? Why. if the~· sns1)('rtcd any· t.hing wrnng in thr mensurrnwnt, did the)' not nmkl' an investiga· tion? IX-liwry of filling hegnn <'nriy in .Tuly. HlOI nml ilown to Oc· tober 20 of that year the amount delivered eXf't'l.•ded lti,000 t'Ubk melen1 according to the defendants' own r<'cord. Why. then. if only about 15,000 cubic meters. or even 21.000 {'Ubic mctt;"r;; \Wrt• sufficient to fill the lot, did the d<'fendanb let the fillin:.: :.:o on during the remainder of October, the whole of Xon•mbn and D1•· cember, 1901, and J1mUaf)' and FebruaT)". ancl down to the Jatt1•r part of March, 1!102, and this without u word of complnint from the defendants during its progress, and not n word uftcrwanls until plaintiffs began to press defendants for their unpaid balance on the house contract? It is not unusual to allow a plaintiff to reco\"f'r mom•y paid to a defendant through a mutual mistake of fact. That 1n1s thf' case of Whedon 1:s. Olds (20 \\"cndell ('.\'". Y.), 174), cited by the defendants' counsel. There "the pnrties guessed at tlw quan· tity of oats in a storehouse and payment was made on the hnsi;; of this guess. Afterwards the oats were actually and accurntrly measured and the plaintiff rccovcl'cd the execs:-; of payment on th<pl"inciple that there had l>ecn a mutual mistake in the amount guessed. There could be and was no doubt in that case as to amount actually delivered, because it was measured. In the <!!\Se at bar this process has evidently been reversed by thc- court below. The parties first actually measured the sand and earth and the amount was paid for according to actual measurement; but now the defendants, by their experts, have guessed that they did not receive as much as the defendants' former measurement shows, and they want a return of money on the ground that the guess is more reliable than the measurement. The plaintiffs deny tho.t there was any mistake, mutual or otherwisf', in this former measurement; and so this Whedon case does not sustain the contention of the defendants. Nor does the case of Whit· comb vs. Williams (4 Piek. (.Mass.), 22S) sustain the conten· tion of the defendants. In that case one of the parties. for years, had been buying rum of the other party, and had Ix-en paying for the same on the belief that the cask in which it was measured contained 121 gallons, whereas it turned out, after payments had been made, that the cask contained only 114 gnl· Ions. Here was a mutual mistake, n mistnke which coultl not be denied. Here was accurate mensurement of the actual amount of rum delivered and, of course, the plaintiff was entitled to recover the excess of his payments. But the case at bur is entirely different. No fraud or deceit is proved and no mutiJRI mistake is shown by unmistakable evidence. This case in the absence of el"idence of a mutunl mistitkf' is governed by the doctrine of cstoppcl. The (lefend11nts measured the sand, they receipted for it, and they paid for it. Thcy can not now say they did not receive it. It comes within the principles laid down in Austin rs. \\"nuful (36 S. R. (~. Y.), 77!1), wherc it was hf'ld that a receipt given by the plninti!T in that case for the property in question estopped him from denying that he Juul the property when the action was brought. In Behring vs. Somerville ( 44 At. Rep .. 641) it was held that the fact that both pn,rties had equal means of information am! mon<'y was pnid upon a mistake of fact, can not. in the absence of fraud, be recovered back, the money being that of the pn)"l'f'. It follows that the defcndants are not entitled to n•co\"er from the plaintiffs the said sum of $52,000, l\.lcxicnn currency, n\lowed by the court below. As W<' do not find that the plaintiffs ha\"e satisfactorily pro\·etl the deli\'ery of the additional s1uid anti E'arth for which th(')" claim $2.2H>.50. Mexican currency. that l'laim is disallowNI. The judgm<'nt of the Co0urt of First lnstu11<'e i!< l'f'\"er,;cd um\ judgment ordned for the plaintiffs for the ,;um of $!1.250.li~. \lex· ican currel\C)', with costs of both instances. Judgmer1t reversed. COOPER, .f., eonc-urring: I conform to the reversal of the judgment. hut tlw C"ll.'41.' shouhl be remanded to the Court.of Fin:;t Instance for a new trinl. OFFICIAL GAZETTE 473 [Xo. 149'2. April 15, 190-l.] 1'r1X .IJ.lOJ/11.\', plaintiff aml appcllcc, ri1. J/.4.R/.4. GAX :1YA DB Lil 1'R/XIDAD B1' AI .... , defendants and appellants. l. BllAJI .om ~OTE.~; 8l'l!ETlt~~; PARO/. EVIVENCE,-PRrOI proof moy be recch·cd toi;how 1.1.!1 bctWt('n lhcorigino.l parties too. note or their successor in interest that the relutlon between the makers wn.s tho.t of principll.i and surety. 2. EVll>ENCE; BOOKS 01' ActUt:ST; Bil.I.OF EXC&PTJONs.-Where the introduction in evidence of books of uccount is objected to upon the ground that they arc not kept in conformity with the rc11uircments of the Code of Commerce, the bill of exceptions must show thu.t ~uch was the fllct in order to make o.n ex ception to their admission a.nilulol(' in the appellate court. 3. Iu.; In.; WUITING!!Ot' IJEn:AYEll Pt:nsoNs; Itu·ni;au1NG )IE~IOll.YOFWITNE.'lS.­ Books of account, even if not kept in accordnnce with the provisions of the Code of Commerce, may be 1~dmitted if within the rule u..s to writings of de<;, cea..sed pcnions, or may be used by witness to refresh hi11 memory. 4. Pl,EADING AND l'l\ACTICE; Guot:ND90F0BJF.CTION; EXCEPTION.-ln exuminlng the question as to whether the ruling of the court below on an objection to evidence was correct or not the uppcllute court will not consider uny other ground of objcction thlln the.t rn!sed in the court below. APl'EAL from a judgment of the Court of First Instance of Occi· dental Ncgros. The facts arc stated in the opinion of the court. A. v. HERRERO, for appellants. P. Q. ROTllltOCK, for appellee. CoorElt, J.: This action was brought by the plai.ntiff, Tan ::\faclmn, against ~1aria Gan Aya de la Trinidad, wife of .Manuel Gay; Filomena Unn Ayn de la Trinidad, wife of Benito Sanchez; Catalina Gan Aya de la Trinidad, wife of Esteban de la Cruz, Emilia Gan Aya de la Trinidad, wife of .Jos(• _.\\Jello; and Cumen Cuiiete, wife of Antonio Kuvarro. The suit ,Vas against the defendants as the heirs and legal representatives of Seiiora Ruperta Gualinco, except Doiia Carmen Cniiete, who is sued under the· allegation that she has a contrad with the heirs for the pmehase of the hacienda, the property of Sciiorn Gualinco, deceased, u.nd upon it is sought to establish a li<'n for the satisfaction of the claim the subject of the demand. It is alleged in the complaint that S<'iiora Huperta Gualineo, the deceased, executed a certain promissory note in the sum of $9,000, on the !lth dny of August, 1894, payable to the or<ler of JJon Clemente Zulucta; that the plaintiff, Tan "Mnehnn, and one Lim Ponson signed said note us sureties; that the sai1l 8C'fiora Ruperta Gualinco failing to puy off the sum<', the plaintiff w1ls ohligrd to pay said debt; that by reason of the payment of said <leht by the plaintiff, he became subrogated to all the rights of Don CIC'mC'ntc Zulueta, and the plaintiff asks that judgment be rcndC'rcd in his favor for the sum of $7,361.03 (the amount due him afler deducting payments made to him) together with interest at thr rnte of 6 per cent per annum from the 27th day of April, 18!l5, the date of the payment of the debt by the plaintiff; and that the llrOJJerty of Sriiora Gualino, deceased, mortgaged to sec\ll"l' the paynwnt of the debt, lw subjected to the claim of the plnintiff in <satisfaction of the debt. Doiin Carmen Caiiete failed to answl'r and judgment by default wa:o. rcmderC'd against lwr, subjecting tlw proprrt.•l to the debt as to any claim which shr might assrrt ngainst it. The defendants, the h<'irs of Rei'iorn Gunlin1•0, dl'nied in their answer that the plaintiff. Tan l\l:H'hun, aml Lim Ponson siwied as surl'tir:o. nm! all<',!..'"<' that they Wl're pri1wipals in the making of the obligation and ;1s suC'h wC're linblr for thl.'ir proportionate part. of the dC'ht. .TmlgnlC'nt wn!l rrm!rrl.'d by tlw C'ourt in fa\•or of the plaintiff ug-nin;:;t, th<' •lrfrmlants ns thr lwin• nm! l<'gnl rt•prC'Sl'ntativrs of Doi'\n Ruprrtn flualinro, for thC' sum of $7,361.0:i. prinl'ipal. with $:1,iili!l.O.'I, intrn•st, and subjrrtinj? thr hal'i<'nda. machinery. and otlwr artirlt•s nppurt<'nnnt .to Uw snmr to the paymrnt ~f the dC'ht. 18429-3 The errors assigned by the defendants are:. (I) The court erred in admitting proof at the trial to show that the pluintifI and Lim Ponson signed the note as sureties. (2) That the court erred in admitting the books of account kept by the plaintiff, Tan ).fachan, in which books said note was entered as a bill payable given as security for Doiiu Ruperta Gualinco for $!J.000, the payment to Zulueta by the plaintiff, Tan ::\Iachan, on the 9th day of February, 1895, of the sum of $5,000 and on the 28th day of Februar~' of $4,000. (3) That the court erred in holding that the note was signed b~· plaintiff and Lim Ponson as sureties and not as principals and in not gi\'ing due weight to the testimony of the defendants to the effect that the note was made by the plaintilT and Doiia Ruperta Gualinco and Lim l'onson jointly, and that the money ree<'iYl'(I on said loan was equally di\•idcd between the said makers of the note. The question raised by the last assignment of error can not be considered. No motion having hcen made for a new trial, this court cnn not review tlw t>Yidence taken in the court below, nor retrr the questions of fact. (Sec, 49i, Code of Civil Procedure.) We will state, however, that nn examination of the evidence contained in the record only discloses a conflict of testimony with the preponderance of evidence in favor of the pluintilT and the finding of the court in this pal"ticular must have been sustained. The Court of Fir.o;t Instan<'c did not CIT in admitting testimony to show that the plnintiff and Lim Ponson signed the note ns sureties for Sefiora Ruperta Gualinco. The admission of such proof is not a violation of the rule which prohibits the admission of oral evidence to contradict a writtPn instrument. The transaction between. the sureties does not purport to be l'overed by the document. lt was a collateral agreement which could be proven by evidence outside of the instrument itself. ( McKelvey on Evidence, 368; Ilrnndt on Suret}•ship, sec. 30.) The remaining assiwiment of error to be considered is ns to the admission of the books of account kept by the plnintilT. The objection to the admission of the books in Pvidencc was "that the books were not kept in accordance with the provisions of the Code of Commerce." There is no statement made in the bill of exceptions as to whether the books were kept in accordance with the Code of Commer<'c or not. Section 143 of the Code of Civil Procedure requires that the part~· l.'xcepting shall cause to be presented to the judge a brief statement of the facts of the case, sufficient to show the bearing of the rulings, orders or judgments excepted to. A statement should have been made in the bill of exceptions as to the particu· lars in which the books were deficient. If suC'h was the fact, it should have been stated in the bill of exceptions that the books l"<'C<'ind in evidence were not certified by the nnmieipal judge of the district, nor were thC' pagrs of the hooks stampt>d with the seal of the municipal judge or justice of the peace. The statement contained in the brief of the appellnnts that such was the C'ase ean not be considered. It should have appeared in the bill of exceptions. UmlC'r seC'tion 338 of the Code of Ch•il Procedure a witness may be nllowcd to refrr;:;h his memory respecting the fact hy an:'·thing written by himself of undl.'r his dirt>C'tion at the time whrn the faC't Ol'l'll~r<'(l, or immcdintel:'· tlwrcaftl.'r. or nt nny other time wh<'n the fact was fn•sh in his m<'mor~· nml he knew thl.' snme was corrrctlv stated in tht> writing. And und<'.r srC"tirm 328, thr entri<'s and other writinwi of a drt"E'nsrd prr;;on, madf" at. or nrnr thC' tim<' of the trnnsadion. and in a position to know the faC'ts stated, mny br read ns primn facie rvidf'n<'r of th<' forts tlu•r<'in ;;tat<'d whrn tlu•:'' wrre made in the C'Our;;<' of tlw ordinary and rl.'gnlur 1luty of the p<'rson making the entry. 474 OFFICIAL GAZETTE Books of account, when they come within the provisions of sections 328 or 338, Code of Civil Procedure, are admissible without regard to the provisions of the Code of Commerce. We can not consider the additional objection made in the brief of coumicl; that is, that the books were not admissible under the provi8iom1 of article 1228 of the Civil Code. The rule is that, in examining the question as to whether the ruling of the court below on an objection to the evidence was col'rcct or not, the appellate court will not consider any other ground of objection than that raised in the court below. (8 Enc. Pl. and Pr., 223.) There wa8 no objection made at the time the books were ad· milted in evidence that they were not admissible under the proviisions of articles 1228 of the Civil Code and we therefore can not consider this objection. The judgment of the Court of First Instance is affinned, and the cost of appeal is adjudged against the defendants. Judgment affirmed. OPINIONS OF THE ATTORNEY-GENERAL. Right of municipal president to dra-u,'1~ his salary as such during absence in the United States on the honorary board of connnissioners. MANILA, P. I., .Uay 11, 1901. Respectfully returned to the Treasurer of the Philippine Islands, with the opinion that notwithstanding the provisions of section 22 of the Municipal Code, that "(c) the salary of the president du.ring the period when the vice-president performs his duties shall be drawn by the vice-president," and "(fl the vic-c· president, except when serving as president, • " .. shall receive no compensation, their offices being honorur~'," the pro· visions of Act No. 1030, section 3, that "There shall be nllowed, as tniveling and subsistence expenses, • .. • from the time of his departure from Manila until the date of his return to l\1anila, to each official member (of the honorury board of commissioners), in addition to his salf11ry as prodded by la.u:, the sum of seven dollars, United States currency, per day," must be con· strued as suspending the above·quoted provisions of the ?.hmicipal Code or as an exception thl!reto. As stated in Sutherland on Statutory Construction ( p. I 7i), "Laws are presumed to be passed with deliberation, and with a knowledge of all existing laws on the same subject. If they profess to make a change, by substitution of new for old provisions, a repeal to some extent is thus suggested, and the extent readily ascertained." Act No. 1030 lleing a later and special act, it necessarily operutes to restrict the effect of the said provisions of the Municipal Code from which it differs. It is n general rule that "when a general intention is expressed, and also n particular intention, which is incompatible with the general one, the particular intention shall be considered an exception to the general one." (Id. p. 213.) lt is, therefore, my opinion that legislative relief will be necessary in order to entitle the vice-president within referred to draw the salary of the president while saicl president is absent as ll member of the honorary board of commissioners to attend the St. Louis Exposition. GREGORIO ARANETA, Acting A ttorne}l-Generul. {Thirteenth lndol'l!ement.] Scftools ma-in.fained mitli prira.tc fmids a.11d dedicafed to secondanJ cducatim1, in ·1dwle or ill p11rf, lire subject to tll.xation. ResJK'C'tful\y retumed to the SeC'rctury of FinanCf' and .Justice. No. 13 of Tariff 7 of the rules regarding industrial taxation in force in these !<;lands subjects professors of languages in open academies to this tax. There is no number of any tariff of said rules expressly imposing an industrial tax on private secondary schools ("de segunda cnse1ianza"). Schools maintained with funds of the State, prO\·ince, or municipality, by charitable endowment, and primary teachers, are expressly exempted from taxation; but not educational institutions maintained with private funds or secondary teachers ("de segunda e11se1iaiiza"). The case in question is that of an establishment maintained with private funds, and dedicated to primary and secondary education. Article 22 of said rules prescribes: "Industries, commerce, professions, art.-;, or offices not included in the tariffs or in the tables of exemptions under a concrete determination, shall be classified by analogy or similul'ity with those others IllOtit resembling them in their essential C'onditions." The number and tariff under which the establishment in question can be classified with the closest analogy is No. 13 of Tariff 7, relating to professors of langunge in open academies. The tax there imposed can, therefore, be legally required of the educational institution in question. GREGORIO ARANETA, Acting Attorney-Gc11erul. BUREAU OF CUSTOMS AND IMMIGRATION. TARIFF DECISION CIRCULARS. No. 426.-''lt'c1-raris" meters, ·1catt 1ncters, and similar clcctl'icul meter.:;, classification of. l\lANILA, J/ay 19, l!JO.~. 'l'o <tll l'ollectors of Customs: lt is hereby ruleJ that "Ferrnris" meters, watt meters (Tariff Decision Circular No. 211), and similar electrical meters, used exclusively in the generation and distl'ibution of electric Clll'l't'llts for light or power, shall be cl11ssified under parngrnph 2J8 (b) of the Tariff Revision Law of 1001 at $25 per JOO kilos, Tariff Decision Circular No. 300 is modified accordingly. H. B. .McCOY, Acting Collector of Customs for the Philippi11e Islands. No. 42i.-Carriagc springs of wrought fron or steel, not ''cast in pieces," classification of. MANILA, May 19, 190.f. To all Collectors of Customs: The following is hereby published for the information and guidance of all concerned : "In the matter of protest No. 2731, filed December 21, Hl03, by i\:lr. Jose de Ga.rchitorena, against the decision of the Collector of Customs for the Philippine Islands, acting as Coll<>ctor of Customs for the port of Manila, as to the rate and amount of duties charge· able on certain merchandise described in Entry No. A-10523, Voucher No. 20383, paid December 19, 1903. "The claim in this case is against the classification of certain carringe springs as 'wrought iron or steel in common articles of all kinds not specially mentioned,' under pnragrnph 58, of the Tariff Revision Le.w of 1901, at $2.50 per 100 kilos, instead of as 'springs other than for railways and tramwnri.' umler parngrnph 38 (b), at $1.05 per 100 kilos, gross weight, as Putercd. "The carring-e springs in question are elliptical in shape, bein,!! composed of laminre of different lenj?ths h<>ld together in the middle by n band nnd bolted at ea.ch end. "The pnrngrnph under which claim is made rends as follows: "'33. Wrought iron or sb>rl cast in pir('(>s, finished.' "'(a) • • • "'(b) Wheels weighing 100 kilograms or less: springs other than for railways and tramwayA: bent axl<'s and cranks • • •,' "It is one of the well-known canons of intcrprdntion that effect must be given, so for ns possible. to every clause, word, nnd OFFICIAL GAZETTE 475 l'iyllable uf a law, but thi,; rule, well founde<l though it be, must give way when the result of a too-slavish following would be to defeat the very evident intent of the legislators. Thus the propn effect must be given if possible to the phrase 'cast in pieces.' But thi.<i is not easy to ascertain for the words are clearly not applicable to wrought iron, for 'wrought iron cast' is absurd. So too if it means 'cast in parts' to be assembled, it would not be applicable to car wheels, axles, cranks. If it means cast in a piece, then it has no meaning different from that of the word 'ca>it,' for every casting is of neeei;sity ca!'lt in a piece. "On the other hand there can be no doubt that it was the intention of the legislators to classify under 38 (a) all the material therein <'numerated; that it was supposed that proper terms had been selected to accomplish that result;· and that had it been sm1pectcd that there was antagonism concealed between the heading am\ the subparngraph, the whole would past doubt have been corrected hy reforming the heading. As it is, the only manner in whieh the legislative intent can he effectuated is by considering 'cast in pieces' as mere surplusagc and not allowing it to remler nugatory the whole paragraph. It follows that carriage springs of wrought iron or steel should he clnssified under paragrnph 38 ( b) as claimed. "Protest No. 2731, on ih<' grounds mentioned ahovc, is thert>fore sustained, and a refund ordered to the importer, in the sum of $24.89, United States currency. (Signed) H. D. )foCoy. Acting Collector of Customs for the Philippine Islands." H.B. McCOY, Acl-ing Collector of Customs for tlte Philippine Islands. No. 428.-Cast steel tires and wrought rctrtini11g ritigs for use on rail1ca.y cats, 11ot dutiable as rolled tires and hoops 01· as wheels, l!llt as common articles of wrought iron or steel not specially mrntioned. MANILA, May 20, 190}i. To all Collectors of C11stoms: The following is hereby published for thf' information and guidance of all concerned: "In the matter of Protest No. 2801, filed l~ebruary 10, 1904, by the Manila Railway Company, against the decision of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of Manila, as to the rnte and amount of duty chnrgcnble on ccl'tnin merchandise described in Entry No. Il-452, Vouchcl' No. 2ili2, paid Fcbrunry 8, 1U04. "The claim in this case is against the cla!:isification of certain tirl's and rings for railway pas!iengcr coaches as 'wheels weighing 100 kilograms or less,' under paragraph 38 (b) of the Tariff Revision Law of l!JOl, at $1.05 por 100 kilos, gross weight, instead of us 'tyres' (tires) and 'hoops,' under parngrnph 35 (b), at $0.60. per 100 kilos, gross weight, as entered, "The tir<'s or rims in question are of cast steel, finished. They arl' about thrN' inches in thickness, and are for use on rnilway passeng<'r aml freight ears. The rings are made to fit inside of the tires, sel'ving as retainl'rs, and are nl'ither cast nor rolled, but maehine wrought. "Pnrngrnph 35 (b) provhl<'s only for mlled hoops and tires nml is not broad t>nough to cover tll(> prcst>nl importation, f'Ven though it ht> t.rut> that tht>y are conunereially known as tires. They are not commercially known as rolled tires. "On the othe~· hand, it is also trne that thP_'i' are not wheels; th('~' Ill"<' pnrts of whl'C'ls. but thes<' wh<'<'ls, and henet> these tires, nrl' in tlwir turn piu·ts of rnilwny carriap:l's. Th<'~· can no more be rlas,;ifil'd n,; whN•l..; thnn tlwv ean as carl'iages. Nor cnn thev be n,;similnt<'(l to wlwe\s, for. e~·en if posst>ssing nny one of tlw four ehnrnclNisties lll'<'essnry for nn application of the similitude rnll's, such rnl<'s cnn not he> rcsortf'd to where an 'omnium gnthcrum' pn1·np:rnph is in the lrlw providinp: for such other articles as an• not sperifi<'nllr <'llllllll'rntl'd in tlw parap:rnphs which prl'c('{IC' it. (:We Tariff Decision Circulars Xos. lMi, 3G9, 3i4.) Paragraph 58 l"ontains such a pro\•ision, providing for 'wrought iron or steel in common nrticles of 111! kinds not >1pecinlly mentioned.' "Neither the claim of the importer nor the classification as n•· turned is sustained, and the entry \Viii be reliquidated. '·Claim is also mad<' against the assessment and collection of any duties, exemption being claimed under a Spanish concession. Thi~" question has been previously considered, and in Tariff Decision Circular No. 225 it was held that the conces;:;ion expired on Xovember 20, 1902, nnd that whatever rights the protesters might have had under the concession have elapst>d. "Protest No. 2891, on the grounds mentioned above, is therefore overruled and denied. (Signed) H. R. McCoy, Acting Collector of Customs for the Philippine Islands.'' H. B. 1\IcCoY. Acting Collector of Customs for the Philippine Islands. No. 429.-.1ntifriction co~k·' or bushings, 11-0t Jioisti11g a11para.tus. MANILA, iUay 20, 190Ji. To all Collectors of Customs: The following is hereby puhlishPd for the infol'mation nnd guidance of all <:,oncerned: "Jn the matter of Protest No. :1014, filed l\farch 28, 1904, bv t111' Atlantic, Gulf and Pacific Company, against the decision of the Collector of Customs for the Philippine Islands, acting as Collector of Customs for the port of :Manila, as to the rntc and amount of duty chargeable on certain merehandisc described in Entry No. B-5668-a, Voucher No. 33!04, paid March 26, 1904. "The claim in this case is against the classification of certain coaks as 'articles not specially mentioned of copper and alloys of copper,' under paragraph 69 (a), of the Tariff Revision Law of 1901, at $0.15 per kilo, not less than 15 per cent ad valorem, in· stead of as 'hoisting machinery' under paragraph 245, at $0.25 per 100 kilos, gross weight, as entered. "The merchandise in question is what is known as antifriction conks or bushings, being small cylinders of copper alloy in which holes ar(' bored and filled with graphite. At the hearing granted the protesters in this case, it developed that these bushings were imported for use with certain sheaves on hoisting apparatus operated by the protestel's here in the Islands, and that these bushings were specially constructed for use with the shea.ves to which they were to have been applied, which was illustrated by a sample sheave with the bushing in place presented at the hearing. "Bushings may be and are used in connection with all classes of machinery. While the bushings in this case may have been imported for usc in connection with hoisting appamtus, and may have been manufactured to a particula.r size for this very purposl', such bushings may be used equally well in connection with other machinery nnd apparatus. The case of saws for a sawmill is hardly analogous, for all the machinery in the sawmill is directed toward the operation of the same; without the saws the sawmill machinery would be useless. But this can not be said of antifriction bushings, which are no more hoisting mnchinery than machine shears or separators which are used in a sawmill are sawmill machinery. (See Tal'iff Decision Cireulnrs Nos. 311 and 313.) . "A finding thnt bushing!'i when separately imported should be classified as spare parts of the machines for which thl'Y are specially imported, would op<'n up ground for endlcs!:i eontention as to the id<'ntity of such bushings or similar materinls. Bushings for vnrious mnchine!:i might be imported in one shipment, and the difficult~· of segr<'gntion in Sll<'h ca!'ie is apparent. This office finds that such article.'! ns 'bushings' 11re not '\·ital nnd indispe11s11hlt> parts' of hoisting apparatus within th<' meaning of Tariff Decision Cireulllr No. l8i, nm! thnt tlwy nn• properl~· clnssified aceol'ding to their compon<'nt mnt<'rinl of <'hief \'n\ue. 476 OFFICIAL GAZETTE "l'rnt~·st Xo. :!014, on tlw grnunds mrntioncd abovf', is tlwrl'fore ovnrul1•d nn<l d1•niPd. (Hign1•d) H. B. :\lcCoy, Acting ColJC'ctor of Cu .. toms for the Philippine lslancls." IL B. McCoy, . Acting Collector of Customs for the Philippine Islands. Xo. 4:JO.-Li11rn textiles, half bleached; charges. i\IANILA, J/ay 20, 1904. To all Uotrectors of Cu.~tom.~: The following is hereby published for the information and guidnnce of all conccfned: "In the matter of Protest ~o. 2702, filed December 8, Hl03, by )fossrs. Ed. A. Keller & Co., against the decision of the? Collector of Customs for the Philippine Jsl:mds, acting us Collector of Customs for the port of :Manila, as to the rate aud amount of duty chargeable on certain merchandise described in Entry Xo. A-0!)9!1, Voucher Xo. l8i58, paid December i, l!J03. "The first claim in lhis cas(' is against the addition of lls. :>d. to the invoice and entered rnlue of certain English woolen tex· tiles shipped f. o. b. Liwl'pool. It appears that these chal'gcs wt>re in addition to mal'kct valu<' and wel'e not added to make market value; such additions are not dutiable and the pl'otest on this point must be sustained. "The second claim i.<> against the assessment of a surtax of 30 per cent for being half bleached, on certain t<'xtilcs dutiable under paragraph 1-l!J (c) of thl' Tnritr Re,·ision Law of l!JOI, at $0.25 per kilo. The textile contains HI cotton and 12 linen threads per square of six millimeters. The textile is half bleached in appear· ancc, but it •is claimed by the protesters that this effect is pro· duccd by the admixture of unbleached cotton threads. The acting appraiser of textiles reports, however, 'that the cotton threads employed in the textile in question have undergone a bleaching process.' Bleaching may be done as well in the yarn as in the fabl'ic, and when so accomplished takes the surtax (Tariff Decision Circular No. 322). 1f the h•xtile in question is dutiable under paragraph 149 (c), which is not denied, and if it is half bleached, the surtax is propnly npplieable, nml it is immaterial wlwther the linen threads arc bleached or not. Th<' l'iUl'tax is applicable on the scone tf'xtilcs thnt art> clntiahlc under paragmph 14!) (c). 1md is prescribC'd for an C'll'l·ct and uot for thf' means of producing the effect, "Protest Xo. 2i02, on the grounds mentioned above, is therefore sustained a" to tlw first pnrt and a refund orde1·<'d to the importer in the sum of lfiO.lli, L'nitcd Htates currency; the second part is overruled and denied, (8ig1wd) H. R }IIcCoy, Acting Collector of Customs for tlw Philippine hlands.'' H.B. 1\kCoY, Aeling Collector of Customs for the Philippine Islands. No. 431.-Gloss jars of ordinary hollow glass1ca1·e. MAXILA, .1/ay 2.~, 1901. To all f'oll<'clors of ('ustoms: PAitAGUAl'H I. The following decision of the Court of Customs Apprnls, rcndt•r('(l April 11. Hl04, is her"'liy publislwd for tht' in· formntion nml guidtrnc<' of nil concerned: "L'XITEll STAn:s OF AMERICA, PnJI.lPPI :>;E ISLANDS, Cot.:RT m· Ct.:STOllS APPEALS. ".t11p1·0/ in the ('({Se of Hri. A .. Kd/rr &: CTo. "[l>o<·kl.'t Xo. t:.:li. Appcnl No. !''9i. Prot<'st Xo. J912.] "UF.CISIO:'il. ''CROSSFIELD, .Jml.Qe: "Thi>i l'l\Sl' <'l\me on for trinl upon the npp<'nl of Mcssr.«. F.d. ,\, Krllt•r & Co. from the dct'isio11 of lh<' Collt•dor of l.'u>itoms m•rr· ruling ;q•pt•llants' prntPst against the ch1ssificnfion of t'1·rtnin glass jarl-1 as ery.-;tul undl'l' paragraph 13 ( b), instead of as ordinary hollow gla,,swnre under parngrnph 12 of the Tariff Re,·ision Act. ":\Ir. Hartford Beaumont nppear<'d for the Government. ":\11'. C. Abbeg for the appellants . "The pres<'ntation of the case at the hearing disclosed thnt the jars in controversy were not of flint glass or crystal; nn analysis of one of the jars by the Go,·ernmcnt dcmonstrnt<>d this conclusively. "The only question left for determination, then, is whether or not the jars are of glnss imitating crystal. "After careful C'onsidcrntion the co1nt finds that the partiC'ular glass of which thr jal'S in question in this case are nuull' i.'i not an imitation of crystal any more than is any ordinary gfal-ll-1 of good quality. "The jars in question shoultl be classified under pnragmph 12 of section 11 of the Tariff Revi.'iion .\ct, macted Reptember Ii. l!lOI. "The decision of the Collector of Customs is modified to meet the ulm\'e findings. "~o costs to either party. "A. S. CROSSFIELD, J11d9e. "I concur: "FEUX M. ROXAS, ,fudge." PAn. II. Attention is htvitcd to Tariff Decision Cil'culars Nos. 155 nnd 422. JI. B. McCov, .feting Collccto1· of Custums for t1w Pltilippi11c Islands. CUSTO?.IS ADlllNISTRATl\'E CIRCULARS. Xo. 312.-Export shipments direct from Ilic several c11fry ports via a11other port for lronsshipmenl. i\IAXILA, .I/a.If J, J90j. To all Col/eel ors of Cu,qtoms: PARAGRAl'll I. In order that produC'ts of the Philippine Islands subject to export duty under the pro\·isions of section 13 of the 'foriJf Revision Law of 1901 may be entered for expol't a1. the several entry ports and shipped dil'eet therefrom via another entry port in the Philippine Islands, the following regulntions arc her<'by promulgated to goYern in such transactions: PAR. II. An~· collector of cu;;toms may accept for export n consignment of 1mtin• products on Entry Form 25, nnd <'Ollcct the c\nties thrrron, although the shipment ma:i· not be diret't to the foreign port of tinnl discharge, but for tmnsshipment nt i\Ianiln or nnother of the sc\·ernl entry ports. PAR. III. In cases such as provided for in the preceding pamgraph, for<'ign shipments for export whiC'h arf' S<'nt for final lnding da anoth<'r cntr~· port shall be included in the usual coastwisc manifest, with marginal notation in red ink referring to each pnrtiC'ulnr consignment, showing the number of packages, date nnd numlK'I' of export entry, and amount of money C'Ollected. In nddi· tion to thf' foregoing, it will be necessnry to furnish n vel'iSl'I transporting suC'h shipnl<'nt or shipnients nn l'Xtrn coastwise manifest, lw1Hled "Duty paid-Export shipments in transport from (insert name of port)" nnd on suC'h separnte am! aclditionnl manifest shnll be indudC'cl the nstl!\l complete pnrticnlnrs of the shipments. These mnnift'"sts shall he retnin('(l for Hie in the olli<'e of the collector of <'ustoms at tht> port from wiWllC'e the f'Xport consignments are to Ix> laden for final shipment to ultimate port of df'stinntion. PAR. TV. It is th<' desirl' of this olli<'f' to fa~ilitate in every possible nmnn('I' fr<'f' nml nm·C'striC'tcd l'Xportntion of the producl<i of the Philippine lslnnc\s from ti\(' >;e\'ernl entr;.· ports, nnd thnt sud1 ports nmy rf'('l'i\'C duf' crC'dit in tlw mnttN of the l'Ollt'etion of the dutif's tlwl't'Oll. Thf' foregoing regulations 1lr<' framed with the i1IM that tlH'y will eonfrr .«Ome a1lnrntngt>"- upon thf' shipping intl'n'"'ts. nm\ nlso nllow the imli\'i1lu11l shipper" to obtain through OF~'ICIAJ, GAZETTE 477 hills of bdi11g' from tlw port of orig"inal shipmrnt and the benefit nf n likcwisr through fn·ight rnte. PAH. \'. Immediate steps :-;hould !)(> taken by the sc,·eml col\l'elors of customs to acquaint thl' lmsiness interests at their n·s1wclive ports with thE"se rrgulatiom1, and in t>Very way to gi,·e tlu~ usual publicity to the terms of this circular. H.B. McCOY, ,1cti11g Oollec/01· of C1rnlrn118 for the Philippine /.'llands. Xo. :Jl'3.-/>11b/if'lhillg trcffty of peace bet11:cc11 the L:nitcd Nl<tle.'l (/nd ·"'p<1i11, siyncd at the city of l'aris on December 10, 18.tJB; and prolocol .<tiy11cd Jforch 2!J, J!IOO, extc11dinf/ the time for six 111011/11.'l {r<?lll April 11, J!JOO, t/11rillff 1vliich Npa11ish .'lubjcct.'l 111iyht <leclare lhei1· a//('yiam:c to Hpain. :MAXILA, .l/ay .j, l!J().~. '/'o all Collectors of Customs: PAllAGltAl'll I. The following treaty of peace between the United Slates aml Spain, sign<'d at tr1e eity of PaJ'i:.; on D1•c<'lllh<'l· 10, IR!JR, is her1•hy puhlislwd for the information and guidance of all COllCel'nCd: '"TllE.-\'f\' OI•' PEACE BET\rEEX THE C:SlTED STATES AND SPAJX. ''(:Ues.'l!lge from the President of the United States, transmitting n treaty of pence between the United Statt.'S and Spain, signed at the city Qf Paris on December 10, Hl98. January ·l, H\99; read; trcut~· read the first time nnd ~!erred to the Committee on I•'oreign Rdntions, uml. together with the message and accompo.n)·ing p11pers, orclcrcd to be prinU..d in confidence for the use of the Senate; January 11, 1699, injunction of secrecy rcmO\'Cd; Janunry 13, 1899, ordered printed. "To the 8e11a,te of the i:nited States: '' l transmit herewith. with a view to its ratification, a treaty of pt•a('(~. bctw<'cn the t:nitcd States and Spain, signed at the city of Paris on DC'el'mber JO, urns, togC'ther with the protocols and papers imli<'atC'd in thl' list accompanying the report of the Secretary of StalC'. " \ \ 0 JLLIAU )lcKJXl.EY. "EXECU'l'l\"F.: MAXSJON, ffrr.shi11gfo11, ,f<m1wry .~. 18!)9. .. To Ille l'rcside11t: "The undersigned, Secrebn:r of Ht.ate, has the honor to la)· h<'fore the President, with a Yiew to its sulm1ission to the Senate if <h·<'med proper, n treaty of praee concluded at Paris on December JO, 18!J8, between the CnitNI 8tatC's and Rpnin. ··Aecompnnying the tr1•nly arr. the protocols of the eonferC'nCC'S of the Pcal'l' Commis;;.ion ut Paris. togl•ll\('r with copics of stale· mcnls made before the United f;taks commissioners, am! otlwr pnp<•rs indicated iu the inl'loscd list. "Respectfully submitted. "JOHN HAY. "DEl'All'l'MEXT Ol' RTA'l'E, ll'<rnhi11!fl011, .Jmultlr]I .I, 18!J9. "The L:nitl'd 8t.nt<>s of AmPricn and Her ~lnjl'sty the Queen HP/.(l'nt of Spain, in the name of hN· august son Don Alfonso XIII, dt•siring to C'nd the state of wur now existing hetwe<'ll the two eountriC's. hn\'e for that purpose nppoint<>d us plenipotcntinril's: "Tlw l'n'sidl'nt of tlw Cnited 8tat<'s. "\\'illinm IL Day, Cushman K. Din·is, \\'illinm I'. Frye, G('orge Uni\', and \\'hitclnw lh•id, <'itiZc>ns of tlw l'.nitPd Stutes; ··~\ml J-\t•r ).lnjl'sl)" the (~Ul't'l\ H('g(•nt Of :-ipnin, "Don Eul!Pllio Montero Hio,,, 11n•si1l<'11t of the sl'mtte; Don Bm'llll\"l'lllUl'lt d<> Abarzmm, sl'nator of thr Kingdom nnd 1·x111ini!'lt1•r of tht• Crown; Don .Jo,;(~ d1• <tarnica, d(•put~· to tlw Cort<'s 11ml l\>''<Ol'iatl• justice of the ,;npn•llll' rourt; Don \Yt>nceslao Rnnli· r1•z th• Villn·l.'rrntin, t•n,·oy <'Xtrnor1linnry nm! minister plPnipokntinry al Brn!'l>'l'b, nm\ Don Hafiwl ('('rt•ni, l!l'llt'l'al of di,·i,-ion; ··\\·h~. h1n-i11~ n!'lsl'mhlrcl in Paris. nml hnYi11g t>xchirn~rd tlwil' full powPrs_. which wPre found to bl' in due nnd. proper form, ha\'l', aftl'r discussion of til(' matters \Jpfore thPm, agrel'd upon the following articles: "ARTICLE I. ··spnin relinquishes all claim of sO\'C'l'<>ignty OV<'r and title to Cuba. ''And as the island is, upon its erneuation b)' Spain, to be oecu· pied by the Cnited States, the l"nited States will, so long as such occupation shall last, assume and discharge the obligations that mny under intemational law rpsult from the fact of its oel'upation, for the protection of lifo und property. "ARTICLE 11. ··8pain cedC'S to the t•nited Stutes the island of Porto Rico and othn islands now undC'r 8panish sOVC'l'eignty in the West Indies, and the island of Guam in the :Marin.nus or Ladrones. "ARTICLE Ill. '·Spain cedes to the Cnited States the uchipelago known as the Philippine Islands, and comprehending the islands lying within the following line: ··A line from west to cast along or near the twentieth pnrallel of north latitude, and through the middle of the navigable channel of Bnchi, from the one hundred and eighteenth (ll8th) to the one hundred and twenty-se\·enth ( 12ith) degree meridian of longitude cast of Gret"nwich, thence along the one hundred and twentysennth ( 12/th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-fi,•c minutes (4° 45') north latitude, thence along the puallel of four degrees and fortyfive minutes ( 4° 45') north latitude to its intersection with the meridian of longitude one hund1·ed and nineteen degrees and thirty-five minutes (I Hl0 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirtyfi,·e minutes (I 19° 35') east of Greenwich to the parallel of lutitude !!even degrees and forty minutes (i 0 40') north, thence along the parallel of lutitude of seven degrees and forty minutes (i 0 40') nol'th to its int<>rsection with the one hundred and sixteenth ( 116th) degree meridian of longitude east of Greenwich, thence by ll direct line to the intersection of the tenth (10th) degrre parallt>I of north lutitmle with the one hundred and eighteenth ( l lSth) degree meridian of longitude eust of Greenwich, nnd thence along the one hundred and eighteenth ( llSth) degree meridian of longitude cast of Greenwich to the point of beginning. "The L:nited State>; will pay to Spain the sum of twenty million dollars ($20.000,000) within three months after the exchange of the rntificntions of the present treaty. "ARTICLE IV. "The Cnitl'd States will, for the term of ten years from the dnte of the exchange of the ratifications of the present fr('aty, admit Spanish ships and merchandise to the ports of the Philippine l!ilands on the same terms as ships and merchandise of the United States. "ARTICLE V. "The l"nitPd Statei:; will, upon the signature of thp present treaty, send back to Spain. nt its own cost, the Spnnish soldiers tnk<'n as prisoners of war on thr capture of Manila by the American forces. The urms of the soldiers in question shnll be restored to tl\('m. ":-ipain will. upon the exchange of the ratifications of the prf'sent trPnty. Jll'OCPNl to ('\"ncuntP the PhilippinN'I, as well ns tlw i ... land of Gn;\lll, on terms similar to those agrf'ed npon by til(' Conunis· ;;ionns nppointl><I to urnrnge for tlw evncnntion of Porto Rico nnJ otlwr i!-llnrn\s in the '\"est Indies, under the Protocol of ,\ugn>.'t 12. l8!1H, which is to continuP in force till iti:; provisions .irr complet<'l~· l'Xel'nted. 478 OFFICIAL GAZETTE "The time within which the evacuation of the Philippine Islands and Guam r-1hall be completed shall be fixed by the two Govern· ments. Stands of colors, uncapturcd war vessels, small arms, guns of all calibers, with their carriages and accessories, powder, ammunition, livestock, and material and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the properly of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase i,iuch material from Spain, if a satisfactory agreement between the two Governments on the subject shall !Je reached. "ARTICLE VI. "Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insunections in Cuba and the Philippines, and the war with the United States. "Rcciprncally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insm:gcnts in Cuba and the Philippines. "The Go\•cmmcnt of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philip· pines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article. "ARTICLE VII. '"The United States and 8pnin mutually relinquish all claims for indemnity, national and individual, of eveq kind, of either Government, 01· of its citizens or subjects, against the other Gov· ernment, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war. "The United States will adjudicate and settle the claims of its citizens agaim;t Spain relinquished in this article. "ARTICLE VIII. "Jn conformity with the provisions of Article's I, II, and III of this tl'caty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in th(! West Indies, in the island of Guam, and in the l'hilippine Archipelago, all the buildings, whnrves, barracks, forts, structures, public highways and other inunovable property which, in conformity with lnw, belong to the public do· main, and as such belong to the Crown of Spa.in. "And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by Jaw belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or pl'i\'ate establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to ncquil'c and possess property in the aforesaid territories l'cnounccd Ol' ceded, or of private imlividuals, of whntsoe\'cr nntionality such individunls may be. "The aforesaid relinquishment or cession, as the case may be, includes all docunwnts exclusively referring to the sovereignty relinquished or ceded that mny exist in the nrchives of the Peninsult1. \Vhcl'C' any document in such archi\'es only in part relates to snid sovcn•ib'llty, n. copy of such part will be furnished when· ever it shall be l"l'qucsted, Like rules shall be reciprocally obscl'\'ed in f1n·01· of Spain in respect of documrnts in the archives of the islands above l'efencd to. "Jn the nfon•sni1l l'l'linquishment or cession, as the cnse mny be, nrc nhm inchulr1l such right.-. ns the Crown of ~pnin nnd its authorities possess in respect to the official a~chh-es and records, executive as well as judicial, in the islands above refrrred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully pre· sened, and private persons shall without distinction luwe the right to require, in acordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial prntocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid. "ARTICLE IX. "Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territoi-y or may remove therefrom, retaining in either event all their rights of prop· erty, including the right to sell or dispose of such property or of its prnceeds; and they shall also have the right to carry on their industry, commerce and professjons, being subject in respect thel'eof to such laws as are applicable to other fol'cigners. In case they remain in the t(!rritory they may presene their ulle· giance to the Crown of Spain by making, before a court of record, within a year from the date of the exch!lnge of r'ltifications of this treaty, a declaration of their decision to presen·e touch allegiance; in default of which declaration they shall be held to huve renounced it and to have adopted the nationality of the t(;l'I itory in which t;hey may reside. "The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be de:.termined by the Congress. "ARTICLE X. "The inhabitants of the territories over which Spain rclin· quishes her sovereignty shall be secured in the free exercisl.' of their religion. "ARTICLE XI. ··The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be .'lubjl'ct in matters of civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shnll have the right to appear before such courts, and to pursue the same coursr us cit· izens of the country to which the courts belong. "ARTICl.E XII. ",Judicial prnccedings pending at the time of the exchange of ratifications of this treaty in the terl"itories over which Spain relinquishes or cedes her sovereignty shall be determinetl according to the following l"Ul(!s: "I. Judgments rendered either in civil suits between primte individuals, or in criminal matters, before the dnte mentioned, and with respect to which there is no recoul'se or right of re\•iew under the Spanish law, shall be deemed to bc final, and slmll be executed in due form by competent authority in the territory within which such judgments should be carrietl out. "2. Civil suits between pri\'ate individuals which may on the date mcntioncd be undetermined shall be prosecuted to judgment hcforc the court in which they may then be pending or in the court that may be substituted therefor. "3. Criminal actions pending on the 11!lte nwntionl'd before the 8up1·cnw Court of Spain against citizens of the tcnitory which by thi~ treat:-• ceases to be Spanish slrnll continue under its jurisdic· tion until final judgment; but, ~ueh judgment having been rendered, the exl•cution thrrcof slmll be connnittl'd on the competent nuthority of the place in which the cnse aro.\<e. .. ARTICLE XIII. "The rights of prop<>rt:-· secul'l•d by cop:-..-ights nnd pntenh acquirl'd b)• Spnuinnls in the l.slancl of l'uha and in Porto Rico, the OFFICIAL GAZETTE 479 Philippines and other ceded territories, at the time of the ex· change Qf the ratification.'> of this treaty, shall continue to be respected. 8panish scientific, literary and artistic works, m;t subversive of public order in the t<'rritories in question, shall continue to he admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty. "ARTICLE XIV. "8pain will have the power to establish consular officers in ~he ports and phlccs of the tenitories, the sovereignty over which has been either relinquished or ceded by the present treaty. "ARTICLE XV. "The Government of each country will, for the term of ten years, accord to the merchant vessel!! of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage dues, as it accords to its own merchant vessels, not engaged in the eoastwise trade. ''This article may at any time be terminated on six months' notice given by either Government to the other. "ARTICLE XVI. "lt is understood that any obligations assumed· in this treaty ~y the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon the termination of such occupancy, advise any government established in the island to assume the same obligation. "ARTICLE XVJI. "The present treaty shall be ratified by the President of the United Stutes, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the rntifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible. "In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. ''Done in duplicate at Paris, the tenth day of December, in the year of our Lord one thousand C'ight hundred and ninety-eight. "WILLIAM R. DAY. [SEAL.] "CUSHMAN K. DAVIS. (SEAL.] "\VILLIAM P. FRYE. [SEAL.] "GEO. GRAY. (SEAL,] "WHITELAW REID. [SEAL.] "EuoENIO :MoNTERO Rios. [SEAL.} "ll. DE ADARZUZA. [SEAL.] "J. DE GARNICA. (SEAL,) "\V. R. DE VILLA URRUTIA, [SEAL,} "RAFAEL CERERO. [SEAL.]" PAii. II. The following protocol was signed at Washington on l\lnrch 29, 1900, extending the period fixC'd in Article IX of the preceding treaty, during which Spanish subjects might declare thf'ir intention to retain thC'ir Spanish nationality: "PROTOCOL OF AGREEMENT EXTENDING, AS TO THE Pl-IILIPPINE ISLANDS, POR SIX :\IOXTHS FROl\I APRIL l l. moo. THE PERIOD l~IXED IN ARTICLE IX OF THE TREATY OF PEACI~ BETWEEN THE UNITED STATES AND SPAIN. SJG~F.D AT PARIS DECEl\IBEll 10, 1898, DURING WHICH SPANISH SUR.JECTS. NATIVES OF THE PENINS{TLA, 'MAY DECLARE THEIR INTE~· TION TO RETAIN TJJEIR 1'PANISH NATIO~ALITY. "BY TIIE PHESltlENT OF THE l1NITEO STATES OF A:>.IERICA-A Pnoc1.Ar.rATION. "\Vh('l'<'ll" a proloC'ol of t1gTcC'llll'J1t extending. as to the Philip· pine Islam.ls, for six months from April 11, HIOO, the period fixed in Article IX of the Treaty of PeaC'e between the United States and Spain, signed at Pal'is on the tenth day of December, 18!)8, during which Spanish subject!:i, natives of the Peninsula, ma\' deelnrc before a Court of record their intention to retain thC'i.r Spanish nationality, was signed at Washington on )larch 2!1, HJOO, by the Honorable John Hay, Secretary of State of the United States, and the Duke de Arcos, envoy extraordinary and minister plenipotentiary of Spain at Washington, the origi;ial of which protocol of agreement being in the English and Spanish languages, is word for word as follows: "Whereas by the ninth Article of the Treaty of Peace hetwC'en the United States of America. and the Kingdom of Spain, signed at Paris on December IO, 1898, it was stipulated and agreed that Spanish subjects, natives of the Peninsula, remaining in the tC'r· ritory OVC'r which Spain by Articles l and II of the snid trcal\' relinquished or ceded her sovereignty could preserve their ai. legianee to the Crown of Spain by makirig before a court of reC'ortl within a year from the date of the exchange of ratifications of said treaty, a declaration of their decision to preserve such allegiance; "And whereas the two High Contracting Parties are desirou;; of extending the time within which such declaration may he mnde by Spanish subjects, natives of the Peninsula, remaining in the Philippine Islands; "The und1m1igned Plenipotentiaries, in virtue of their full powers, have agreed upon and concluded the following ~rticlc: "SOLE ARTICLE. "The period fixed in Article IX of the Treaty of Peace between the United States and Spain, signed at Paris on the tenth dnv of December, 1898, during which Spanish subjects, natives of. the Peninsula, may deelal'e lll'fore a court of record their intention lo rPtain their Spanish natirmality, is C'Xtended as to the Philippine Islands for six months beginning April 11, 1900. "In witness whereof, the respective Plenipotcntinrics have signed the same and have thereunto affixed their seals. "Done in duplicat<.> at Washington the 29th day of March, in the year of Our Lord one thousand nine hundred. "JOHN HAY. "Aacos. "And whereas, the Senate of the United States, hv its rC'solu· tion of April 27, 1900 (two-thirds of the Senators .present con· curring therein), did advise and consent to the proclamation of the said protocol of agreement: "Now, therefore, I, \Villiam McKinley, President of the United States of America, ha\'e eaused the sni<l protocol of ngreenwnt to be made public to the end that every article and clause thereof may be obSN\•ed in good faith by the United Stutes and the citizens thereof. "In testimony whereof, I have set my hand and caused the seal of the United States to he hereunto affixed. "Done at thC' City of Washington this twent~"eighth dny of April, in the year of our Lord one thousand nine hundred, and of the independence of the United Stntes the one hundred and twenty-fourth. "[SEAL.] "WILLIAM McKI:iLEY. "B~· the President: "JOHN HAY, Secretary of State." PAR. III. Philippine Customs officers shall give due publil'ity to the terms of this circular. H. R. McCOY. Acting Collector of C11stoms for the Philippine Isla11ds. 480 OFFICIAL GAZETTE No. 314.-Revoking Paragrapll8 X a11d XI of Customs Admitlis· trat1ve Circular Xo. ,JIJ.9. :\Ll.NILA, Jfay 5, 190.~. 1'o all Collectors of Customs: Pumgl'aphs X and XI of Customs Administmtive Circular ~o. 300 arc hereby revoked, and the provision>1 of Customs A<lministrutive Circular Ko. 302, prescribing light.'! for vessels at anchor and undf'r way in all harbors of the Philippine Island:s, shall go\'· ern in all in.stances. H. B. :\lcl'oY, . Acting Collector of Customs for the Philippine Island.<;. MANILA CUSTO;\f.llOU.SE GENERAL ORUE!t. No. ';5.-l'roviding regulatiom for delivery of sample cases or· dercd to appraisers' stores for examinatio11. MANILA, ,J/ay 19, l!JO.~. PARAGRAPH I. On and after June 1, Hl04, all packages of dutiable imported merchandise ordered to the appruisers' storei; for examination shall be held by the Chief Appraiser, Manila Custom-House, until after the entry covering the same has been liquidated, and he has been notified of such liquidation and authorized by the Insular Deputy Collector of Customs to make delivery of such packages. PAR. II. For the purpose of eanying this order into effect, the Appraiser's delivery permit shall be attached by the permit clerk to the original rntry, and forwarded to the A.rpraisers' Division, 1u1 hi now provided by regulation; this prrmit shall remain at· tnched to th~ original entry in its coursing through the Apprais· ers' Division, and shall be forwarded by the Chief Apprniser with t.he ol'iginal entry to the Liquidation Division. When the liquidation of an entry shall be completed, the Chief of the Liquidation Division shall stamp the entl'y and the corresponding Apprnisers' permit, showing the date of liquidation, and shall forward the permit at once to the Insular Deputy Collector, who in turn shnll examine the same and authorize delivery by initialing the permit, and forward the same to the Chief Appraiser. PAR. IIJ. For the purpose of assessing storage charges on packnges ordered for exuminntion under the provisions of ::\lnnila Custom-House GcnC>ral Onll'r No. 60, importers shall be gfren the benefit of the entire day on which their entry is liquidatrd, 0 anti .storabre charges shall not {'Ommem-e to. net'rue until fu]h· fort:r-eight hom~ ha\"c <"lapsed after the date of liquidation. • PAR. lY. Philippine Custom.s officers sh1lll give due publicitr to the terms of thi.s order. H. B. )lcCoY, Acting Collectu,. of Customs for the Philippi11c fallrnds. Contents. Public laws: N~~~~~a~~l~~i~[w~~t!'0t~~~v0c~h~ IsJi:1ls1~~iTI:g~t1~~c~~j·~~ :0~f:!1r'!:~~! from the Auditor to be tfUilty of n misdemeanor. No. 1162, extending t11e time for parment of the land tax in the l'rovince of ('11ga.yan for the year 1904 . No. 1163, extending the time for payment of the land tax in the Province of oaths in ccrh1in ca.~es. Executive ordcl'!l: N ~la2gCJ>~~~i~:h~ ~~~ ~rC:1~~,1~fii:sc~~l~~~~i~f i;~~~~ts ~~bt~ia~r:~lg~e of Cebu' No. 27. requiring inspectors of the Trcl\Sury Bureau to examine the accounb> of clerks uf CourL~ of First Instance. Decisions of the Supreme Court: Int1';rie ~~~t'i.!n7~~hif. ~r~ria~~~~nc~ for the disbarment of Augustus A. MonIldefonso Doronila rs . .f()!';C Lopez. The United St.ates""· Maria Gonzalez. Mnnnel Araullo et 111. 1'8. Salusti11no Araullo ct al. Co-Hoo 1'8. Lim-Tian. The United Stntes 1•11. Perfecto de Leon ct nl. La ra?.lm social de Hijos de I. de la Rama 1'8. ROl!cnclo Lacson. 0. F. Cnmpbcll onrl Go-Taucu 1•1. Behn. Meyer & Co. Tan Mnchnn 1w. Maria G11n A~·a de lo. Trinidad ct nl. Opi~:~11 ht0~/~u'1~~~i1~~\~~~rJ~~~ :to draw his salary as such during absence in the rnitcd States on the Honomry Board of Commi..<;.~ioners. sc,~hc~1~ n~~\~"~i11nr~~ a~~~~ief!~f ~ t:;.~~~ii,~~ dcdiC'ntcd to secondary education Bureau of C1L~toms an1l Immigration: To.riff Decision CireulorsN~ia~fii~~~~'~rao"J:~" meters, watt meters, and similar electrical meters, No. 427. cRrriagc springs of wrought iron or steel, not "cu..~t in pieces," classific11tlon of. N~~~~n~,~~~w~a~l~11~~·~i1~~\ It~~~~~ ri~~~i~~ .!i~~~l~. b~~ ~ c~~l~~~ arlidcs of wrought iron or steel not specin.lly mentioned. No. 429, antifrirtion cont.~ or bushings, not hoisting npparntus. No. 430. linen textiles. 11alf blenched; chnrges. No. 431. g]R!-.'< jnrs of ordinftfy hollow glussware. C11stoms At'lministrntive Circ11h1.rsNo. 312. export shipments direct from the several entry ports \'ia 11nothcr port for transshipment. . No. 3H. revoking Circular No. 309. Manila Custom-House General OrderNo. 75, providing rcgulntlons for delivery of sample c~es ordered to apprnlsers' stores fur cxo.minution. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commi~sion. Voi.. II MA.NILA, P. I., JUNE 15, 1904. No. 24 PUBJ .. JC J .. A 'vs. I Xo. I lliO.] AN ACT PRO\'IDJX(; FOR .\ LOAX OF EIGHT THOL'S..\ND EIGHT Ill'XDRED PESOS. PIIILIPPIXE CCRREN'CY, TO THE PROYJ:'.\CE Ol~ BATAXGAS IK ORDER TO EXABLE THE i\ICXICIPALITIEH OF SAXTO TOMAS, TAKAliAX, AND LIPA OF THAT PROVINCE TO BETTER THEIR POLICE FORCE, WHICH lH TO BR UNDER THE HCPERVJ810X OF nm SENIOR I~SPECTOR OF CON· RTABliLAHY, FOR THE PCRPORE OF 8UPPRESSING LADHOXIS:\l I:'..\'" THAT PROYIXC'E. Ry authority of the [:nilrrl Slfllcs, be it enacted by the Philippine Commis.~iou, tlwl: SECTION l. Tlwn.> is hereby appropiated, out of any funds in the Insular Treasury not otherwise appropiatctl, the sum of eight thou:;and eight hundred pc.~os, Philippine currency, to be loaned to thl' ProvinC'C' of Batangas to be b~' it reloaned to the municipalities nf Hanto Tomas, Tananan, and Lipa in sums of two thousand four hundred, thr<'c thousand, and thrC'e thousand four hundred pesos, l'hilippi1w currC'ncy, rl'specti\'C'ly. for the purpmw of enabling them to \Jl'lter llwir police force, which is to he under the supervision of the Senior Inspector of Constabulary of the provincc, for the purpoo.1• of M1pprt'"si11g ladronism iu that prodncl'. 1-iEc. 2. Tlw mom'.r apprOpiah>d in the first section of this Act :-;hall h(• paid to the tr<'iH•lll l'r of I he Pro\'incc of Batangas upon the prod1wlio11 by him to tht• Tn•a:-;un•r of the Philippine Islands of a CC'rlilicd copy of a n•solutiou of lhc provincial board rcquesti111! :-;ucJ1 loan mid agn·eing to u•pay tlu• 1110m•y, without in· t1•n•,_t, \\'ilhin two ~·l'ars from lhl' date of lht• loan. The> mo1w~· lon1w1l h,,. this AC't shall be cxp<'ndcd by till' provincial board in tlw JJH\l\JH'r pn•:-;crih('(I in tlw JH'<'ccding ,;('ction. St:c. :l. Tl\(' pnhlic good reqnil'ing thl' sp<'l'd~· c>nactn\('nt of this hill, the pas~agt• of UI(' .~amt! is herl'h~, cxpcditC'd in acconhmce with c-c•<"tion two of .. Au Al'I prl''iCrihing t lw onlN of proccdnr(' by th(• ('ommi><><io11 in thp t•nactnwnt of law,_." pa;;srd 1-il'ptPmbcr twt•nty·:<ixth. 11iTwt1•<'1L hmHIJ'cd. SEC. 4-. Thi~ .\('\ :<hall lab• l'll't•t•\ Oil it-. p•b~ap·. I '.\lo Ilti/.I / .\:\ .\\'T :'.L\KIX<; .\l'PllOl'Hl:\TlOXS FOR Kl'r\DHY EXl'E~:->ES ()lo' Tiii-: :'.ll'Xl<'ll'AL <Hl\'ElCOIEXT OF THE l'lTY OF :'.1.\XIL.\ FOR THE FIS('.\L YEAH E:\DIXC: ,Jl'XE Tll\HTIETll. Xl'.\ETEEX lll'XDHED AXD FOl'R, . \XD OTllEH DES\t;X.\Tlm PEHIODS. /ly r111/horily of llw 1·11ilrr/ Sla/t'N. b1· it c1wclnl by tlir l'lrilippi11c (',,111111i.~siou. //wt: s1:l··11(1'.\' \. T111• f(1!l•l\rillg' ,.;u111 ... , or :<o mnl·h thpn•of n:-; may bC' rt'"]'tT\i\1•\) lH'lT""'1ry. an· ht•r('h,v approprinktl. out of nny funds 111 th1• Tn·:1-.nr,\· oi till' l'hilipl'illl' hlands not otherwise up· propriated, in part compPnsation for the sf'n·ice of the municipal government of the city of :'.lanila for the filical year ending June thirtieth, ninf'teen hundred and four, unless otlwrwbl' stated: Salaries and 11:agcs, Dcpartme11t of B11gi11ecring and Public l\'orks, city of .lfanilu. ninclePn l!rtndrcd and four: For continuation of preliminary sunc~· of new ,\·ater and !>ewer systems: For additional amount ll<'Ccssary for salary and expenses of Consulting Engineer, three thousand pesos. Salaries and wages, Department of Assessments and Collectio1i.s, city of .lfanila, nineteen hundred a11d four: For the payment of salaries and wages authorized by Act Xumbered One thousand and forty-eight, one thousand four hundred and ninety-four pesos and twenty centavos. Salaries and tcagCs, Pirc Department, city of .lfanila, nineteen h1mdrcd and four: For the payment of salaries and wages authorized by Act };umbered One thousand and forty-eight, ten thousand four hundred and sixty-two pesos and ninety-seven centavos. Equipment, Fire Department, city of .llanila, nineteen. hundred and foul': For the purchase of ;;pare parts of apparatus necessary for immediate repairs, and for the purchase of fire helmets and iron stall guards, five> thousand nine hundl'ed and ninety-nine pesos and forty-three centavos. Salaries and wages, Department of Police, city of Manila, nineteen hundred and four: For the payment of salaries and wages authorized by Act '.\umbered One thousand and forty-eight, fifty thousand five hundred and ninety-three pesos and sixty.five centavos. Equipment, Department of Police, city of Jfanila, nineteen lmndnd <md for11·: For excess in cost of police alarm apparatus o\·er amount her('tofore appropriated, und payment for eight hundred revolYers purchased under authority contained in Act Numht>rcd Eigl1t hundred and four, twenty-four thousand fi,·e hundrNI ;11H\ thirty-fiye pesos and fift~·-nine centa,·os. Contingc11t expenses, Department of Police, city of .\Janita, ninc1<'<'11 11 rmdted a11d fortr: For ndditimwl amount necessary to pay for repairs to lnunch George Curry, dama::cd and sunk b~, ac· l'i1h>nt, one thousand two hundred nnd l<t'Yenty-scvl'n pesos nnd "''\'('llty-two cl'ntavos. Sulary f/11({. <'XpPnsc {1111rl, city of .Uanila: For di:-;bursement n:-; provided in .\C't Xumb<'r('d Onf' thousand and forty·<'ight, fi\'e thousand pesos. 'l'ransportation, city of .\Jani/a, 11inctecn hundred a11d fou1·: To 1•11ahll' the city of :Manila to reimbursP thf' Insular Purehasini;r Ag-l'nt for trnnsportntion furnisl\('d from ,Jul~- fir,;t to D<'cember thirty·first, ninf'trl'n hundred and three. umkr the provisions of .\cl :!'\umbered One hundred and ninct~·-eight, twelYf' thousand two hundred and nincty-fiye pesos and ninety-two centiwos . In nil, for the city of 1\Inniln. one hundred and fourtef'n thousand :<ix hundred and fift~'·ninc pesos nnd fort~'-eight <"entn,·o,;, SF.c. 2. Tlw pro\·isions of tlw first paragraph of section four of AC't :XumhC'n•d Eii.:ht hnrnlrcd nnd four.' pro,·iding the mnnner in 11 Oii. t;az., ;",.,">.~. 4~1 482 OFFICIAL GAZETTE which withdrawab of monC'ys appropriated in suid Act shall be? made, are hereby made applicable to the withdrawal of moneys appropriated un1der this Act. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty· sixth, nineteen hundred. SEC. 4. This Act shall take effect on its passage. Enacted, May 28, 1004. GENERAL ORDER, WAit DEPAUTMENT. WASIIINOTON, .I/arch JJ, JrJ04. GENE~~ ~:.OERB, } The following is publi.'lhed for the information and guidance of nil concerned: The }>resident of the United 8tatf'S, by ordcl' dnted l\Iarch 14, 1904, directed that th<.> res<.>rvations made by executh·e order of April II, Hl02 (General Orders, No. 38, Headquarters of the Army, Adjutant·Gcneral's Office, April 17, l!l02), nt the entrance to )lanila Bay, Luzon, Philippine Islands, he reduced so as to include only the lands hereinafter described; and such lands were reserved by said order of March 14, 1904, for military purposes, under section 12 of the net of Congress approved July I, 1902, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes" (32 Stat. L., 691), viz: I. On the horth side of the entrance to )lanila Bay, in the Province of Bataan, Luzon ( Ma1:iveles Resermtion), all public lands included within metes and bounds described as follows: Starting from the mouth of the Mariveles River and on the East Bunk; thence true north for 5,280 feet: thence true cast to intercept a line drawn true south from a stone monument marked U. S. (Station 4) ; thence true north to said Station 4; thence true eal:lt for 6,600 feet to a stone monumPnt marked V. S. (Station 5); thence true south for 6,600 feet to a stone monument marked U. S. (Station 6); thcncP true <'llSt for 8,910 foet to a stone monument marked U. H. (Station 7); thence true south for 7,730 feet to a stone monumt>nt marked U. 8. (Station 8), located at northwest corner of second cc.we to the ca;:itward of Lasisi Point, 30 ft>et north of high-water mark; thence, on same course. to high-watC'r mark; tlwnc1• \W'StC'rl~·, following shore line, to point of b<'ginning. 2. On the south side of the entrance to l\lnnila Bny, in the Province of Cavite, Luzon (Calmnpnn Point Rcsen·ntion), nil public lands included within mett>s nnd bounds described as follows: Starting from a stone monumt>nt markPd ll. S. (Station I), locnted on bluff on enst 'lid<' of Asuhig Point, 20 feet abovP highwnter mark and nbout 50 foet from edg<' of bluff: thC'nce south 28° JO' west, for 22,06!) fe<'t to a stone' monument marked U. ~. (Station 2); thence north 54° IO' 30" wl'st, for 5,1-rn f<'<'t to a stone monument mnrk<'d U. S. (8tntion 3); thNl<'e south R:'i 0 :1;;' 30" west, for 2,455 feet to IL stone monuml•nt mnrked l'. f'. (Station 4), located on shor<' n<'nr nortlWl\:<t <'Ornrr Limbom·~ Ray. iiO fl'C't from high-water mnrk; tlwnce on saml' <"onr:-c• to highwntn mark; thl'nce norther\~, nnd <'llSt<'rly. following tht• ... hon• line'. to a point north 28° 10' 1•nst of point of lwginning: tlwm·<' to point of brginning: contnininl? 5.21i0 ncrC's. more' 01· less. Tlw hearings nrt> trnt>. 3 .. The islands of Corregidor. Cahn\lo, Ln :\lonjn. El Frnile. and Carabao, and nll othel' il41nrnls nncl clrtarlwd rorks lying hl'twrrn thC' MnrivC'IC's Hesenation 011 tht• north sitle of the C'ntrn1we to )fnuiln Hn~' nnd Cnlumpnn Point R<'sr1Tntinn on tht• south <:.id<' of snid entrance. 4. The jurisdiction of the milituy authoritil':;; in the ca>'c uf tlw reservations on the north and south shOl'<'S of the entranct> to :\Ianila Bay and of all the islands enumerated in parngraph :J shall ex.tend from high-water mark out seaward to a di,.;tnncc of l,000 yards. By order of the Secretary of \\"ar: OJ!icial: GEORGE L. {ifl.LE:Sl'IE. .llajor-Gc11eral, Acti11g Chief of •'ilaff. W. P. HALL, ~tcling Adjutunt-Gencrnl. EXECUTIVE ORDEU. THE GOYEmornxT OF THE PHILIPPIXE ISLANDS, EXECCTIVE BUREAL'. ExEct:Tl\'E 01mE1t ~o. 28. )!ANILA, June.!, J!Jf).}. It having been reported by the Chi<•f of the Philippint•s Constabulary that in the Pro\·ince of Butnngns the efficiC'ncy of the Constabulnr.y is being interfered with by the frj\·oious anest:< and unfounded prosecutions leading to their imprisonm<'nt nnd unnecessary detention from dut~·. awl that there is reason to belie\'e such report well founded. it is therefore orde1·Ni that t!IC' provisions of section four of Act Numbered Seven hundred and cighty·one 1 be applied to the Constabulary of the Province of Batangas and its prodsions shall be followed by nil justices of the peace and the Court of First Instance. LUKE K \VRIGllT, Civil Govcnwr. DECISIONS OF THE SUPUEME COUUT. [No. 1542. Aprll 9, 1904.] 'l'HB UX/'l'BD BTATb'S, complain.ant and appcUce, vs. CORXBL/O DBF/!.'lnl JtJT AL., de{e11dants u.11d uppella11fs. 1. CRIMINAL LAW; ROBBERY WITH Ho•ttcIDE .. -The kll\lng or a human being for the purpose of robbery constitutes the complex erlme or robbery with homicide, defined and punished In artlrle 503, No .. 1 or the Penal Code .. 2 .. ID.; Io.: ALEvosfA.-Wbere it appears that the attaek upon the de<·eased was sudden, without premeditation, and was made by thl' accused without taking Into consideration the risk tncurrt>d and without aoy preparation directly tendlog to Insure th!:'m against such risk It is error to apply the circumstance or ulcvosia in aggravatlon o! tbe pt>nalty. 3. In.·: ID.; UNINHABITED PLACE.-ln order to just1f}' the applkation of the aggravating circumstance of the commission or the ertme In an uninhabited place It Is necessary that the proof show amrmatlvely that such was the tact. 4. Io.: ID.: ADUSE OF SL'P~;RJORITY.-The mere fact that tbe uumbl'r of the assailants l!I superior to that of thosl' atta<:ked by them ts not sumcleut to constitute the aggravatlug drcumsta1we or abuse o! superiority. .\l'PEAJ, from a judgment of th.e Court of First lnstnncf' of TnJ•nbn,;. Tlw facts are ,;t11tNI in the opinion of the l'ourt. !•' .. JoYA. for appellants. i-:olil'itor-Uenernl ...\UA:>iET.\. for appelll0 l•. l'OOl'Elt, ./.: Tlw def1•11<la11ts. {'onwlio De\'t•la urn! i-:iJ,·p,..fr1• .\h-.nlio. arc l'hnr:Et'd with tlw 1·rinw of robbery with homi1•icle. 1lefi11e1I nnd pm1ished n11tll'l' dnusl' :\'n. I. lll'ti<"h• ;;0:1 of thC' Pt>nal Coc!C' and OFFICIAL GAZETTE 483 wne, tin the 22d day of Scptembrr, 190:J, found guilty. The aggrarnting circumstances of alcf;ollia and dcspobltulo were applied and the tlrfondants sentenced by the Court of Fir;;t Instance to the death penalty. From the el·idencC' it appears that Luis Oleta. the deceased, was sent hy hh1 nmi.h•r to tlw town of Maulmn W bring 500 pesos to the store of his principal, and while on the way with the money, on arriving nt a place near the shores of the River Snbang, the accused, Cornelio Devela and Silvestre Absolio, armed with a bolo am! liaggN, scdng that ()]('ta caniP<l mmwy, approached him au<l demanded that he deliver it to them. Oleta resisted, throwing a stone ul. Absolio. OIE"ta was then attacked by the defendant!\ and wounded, from the effects of which he died a short time afterwards. The hotly of the deeeased flhowed that he was· wounded seven times, six of which were mortal wounds. The testimony of the prosceution consisted of stat'ements made by the defendants at the time of their capture and also the testimony of the defendant Absolio on the trial of the case. In his testimony Silvestre Absolio stated th.at he and his C'Odt?fondant, Dcn•la, went out from the barrio of Tubigan for the purpose of 6retting somC' clothes which he had ordered from a tailol'; that aftl'i' they hnd crossed thf' H.iwr Sabang, they m"l the decensl'd, Luis Olctn. carrying a sack of money; .that th<>y immediat<'ly concluded to rob him; that on approaching the deceased thf' d!'ceasetl refused to deliver the money to him and offered reflistance by throwing a stone which struck him on the thigh; that they ga\'e thl' deceasl'd blows with a bolo until the money fl'll from his hand, when they seized it and fled; that at the time they did not know whether the tlecea;:;ed wns armed or not; that he was about their size and strength; that the witness is 22 years old. and his codefcndant is 18 y(>ars of age; that he was ac·C'ustomcd to carry the dagger which he had on that occasion; he teslifiC'd that his companion, Devela, was the fil'st to wound the deceased. It does not appear whether the bolo used by De\'ela was the ordinary bolo used in working or was of the prohibited character. The e\'idcnce shows cleul'ly the guilt of the defendants, 'l'h<' question to be tlett>rmined is whether the nggrnvating C'ireumstanc(•s found to C'Xist by tlw trial coul't, to wit, f/leimsia and despoblmlo, which ha<l the effect of rnising the pl'nalty from th<> medium dcgr<'<', puni:diable by life imprisonnwnt. to the maximum dl'grel', punishable by death, a1·e !iUffi{'if'ntly shown in the cnse. By the )>l"O\'i!dons of artide IO, No. 2, PPnal Code, al.cvosfa l'xists: "Whrn the c·nlpl'it commits any crime against persons, 1•mploying 11wans, methods. or forms in the execution thereof which tend to directly and speciallr insure it without risk to the person of thr ("l'iminal arising from the defense the injured party might make." ThC' dC'fC'mlant Absolio testified that at tlw time of the attack he did not know wlwthl'l· Luis Oleta, tlw de{'eased, was armed QI" not. Had the d1•c·1'11sed been armed with a r<',·olver or bolo. not only might he haw caused risk to the dl'fcmlants, but he might ha\'e succC'ssfully repf'llC'd their ilttaC'k and killed his us;;ailants. BcsidC's it is shown !i_v the testimony of the d<>fcndant Absolio that thC' dceeased llHHh· a dc>fpnsc> b;-.· thrO\dnp: n stone imd striking thf' dC'fl'ntlnnt on the thigh. nnt it is not necessary to pl'O\"f' thnt there wns or wns not a dl'fensc> actuall;o.· made. This woul(\ mukl' ti\(' f'Xist("l1cc· of thc nggrnvnting circumstance clc>pend upon tlw result of the up:gn•:-.sion. It np1wnrs from tlw evidl'nee thi1t tlie attaek wns suddPn, without Jll'C'lllt'(litntion, nml l'vidc>ntl.Y mndl' without taking into consid<>rntion tlw ri"'k whic-h tl\(' (\efc>ndants incurred in eommitling till' roblwry. Their 1nn·pos{' wns to possess thenu1eh'l'S of tlH' moncy t·arri('(l h;-.• t]J(' dt>l'eased, without rl'gnnl to con>ie(lllt'llt'C"', and without 1rn;-.· preparation dirl'etly and speC'inlly tending to insure• \IJ('m agninst risk. suC'h ns l'Xists wher<> the r·ulprit lies in ambuscadr, or approaches from hehind, unseen; or where an attack is made upon a sleeping person; or where th~ act of taking life was distinct and separate from thnt of O\"erpowel'ing the injured pal'ty, or after possessing his arms or assuring themselves that he was unal'me<l. Xor do we think that the evidenc~ wa>i sufficient to show that the crime was committed in an uninhabited place. There is entire absence of proof in the record as to whether there were persons liYing near the scene of the encounter; but it does appear that the brother of the deceased approached the place direct!)' after the wounding of the deceased, and that it was but a short time after the occmTence before officers of the law were in pursuit of the defendant. It has been stated that No. 9, article IO of the Penal Code should be applied as an aggraYatlng circumstance. It reads •as follows: "!l, When advantage is taken of superior strength, or means are employed to weaken the defense." This circumstance was not considerl'd by the Court of First lnstam·e nor do we think it sufficiently well marked in :the proof to require its application. An illustration of the cases whi{'h fall within this pl'ovision is where, fol' example, a strong man has ill-treated a child; an old or decrepit person; one weakened by disease; or where a person's physical strength has been o,·ercome b)' the use of drngs or intoxicants. In each of these cases there is 11 marked difference of physical strength. The case of employment of means to weaken the defense is illustrated by the ca;:;e of where one struggling with another suddenly throws a dank over the head of his opponent and while in this situation he wounds or kills· him. As to whether the mere fact of two or more attacking a single person is of itself sufficient to show n superiority of strength within the nwaning of this provision. the decisions of the supreme court of Spain, construing this proviflion of the law, f<eem to be in conflict. It is impossible to rstablish fixed and in\'arinble rules upon such questions. The mel'e fact of there being n superiority of numbcrs is not sufficient to bring the case within this provision. In the absence of aggravating circumstanc<>s the defendant should be found guilty nnd the punishment assessed should be in the medium degrCf'. The Court of Fil'st Instance erroneously found and applied the aggra\'ating cireumstnnces before consid<'Ted, which rnisl'd tlw crime to the nmximJlnl pennlty and punishable by death. Thf' sentence of the> Court of First Instance must be re\·ersed and reformed, and the defendnnts convicted and sentenced for the offense of robbery and homicide in its medium dPgree, punishable by life impl'isonment. We therefore revel'se the jndgment of the Court of First Inslllncl', and now here sentence the defendant.<;, Cornelio Devela am! Silvestre Ab;:;olio, to the penalty of life imprisonment, with indenmifkation to the l'elnth·es of the deceased who al'e entitled to recei,·e thr snmc. in the sum of 1,000 Philippine pesos, and to the eosts of the proceedings. An·llano. ('. ,J.. Toni's, Mapa, McDonough, and .Johnson .. J.T.. W1r.1.ARD, ./., dissenting: In my opinion the jndgmc>nt of the court below should lK' affirmed. upon the ground that the> nggrnvnting circumstnn{'c of ahnse of "llJl<'l'iority t•xisted. This view is sustnined by tlw following del•isions of this court: l"nited ~tntrs I"·'· Teodoro. I Offi{'il\l Gazc>tte. 396; llnitf'd Stntes rs. Josr, Murch 25. 1903. It is also snpportrd by the> drei;iion,; of thr supreme c9urt of l"pnin of :I.lily !l. l8fl:l: Mnn·h l!l. 1888; May 24, lRRR: December 2:i, 1~!10: and Decl'mlwr 21. 18fll. .fud,Qm<'11f rcr<'l"·~"d. 484 OFFICIAL GAZETTE - - - - - - - - - - - - - - - - [No. 1552. Apr!I 22, 1904.J 'I'H/'J U.Y17'BD S'J',.t'l'RN, complai11a11t a11d appellant, vs. DAVID 'l'U.11UL.1U, defendant and appellee. CRIMINAL LAW; MURDER; PREMEDITATION; ALEVOSIA.-The de(endant, In the nighttime, crawled under the house of tqe deceased, who was sleeping on the Hoor, and lnHlcted upon him a mortal wound by stabbing blm with a sharp Instrument thrust up through the openings In the ftoor. Held, that the accused Is guilty of murder, with premeditation as a qualifylng circumstance, and with the 11.ggravatlng clrcumatances or alevosia and nocturnlty. APPEAL from a judgment of the Court of First Instance of Cebu. The facts are stated in the opinion of the court. Solicitor-General ARANETA, for appellant. ,JosE R. LAllESA, for appellee. JOHNSON, J.: The defendant in this cause was charged with the crime of assassinafion. He was tried by the Court of First instance of the Province of Cebu on the 19th day of August, 1903, and was dis· missed, because the court found that the testimony of Anatalia Ngojo, the wife of the deceased, was contradictory with reference to some of the important facts. The testimony of Anatalio. Ngojo shows that she knew the accused; that the accused lived in the house a short distance from where she and her husband, Prudencio Godines, lived; that Pru· dencio Godines was her husband; that she and her husband lived together, and were sleeping together on the floor of their house on the night of the 30th of April, 1903; that the floor was made of bamboo strips, with open spaces between the strips; that the defendant, on said night, went under the house where she and her husband were sleeping, and thrust 1t "pinuti" up through the interstice.'!! in the floor through the body of her husband; that this fact occurred between j and 8 o'clock on the said night; that the window of her house was open; that she looked out of the window and saw the defendant coming out from under the house with a "pinuti" in his right hand, running towards his (defendant's) house; that the moon was shining sufficiently bright for her to discern the face of the accused; that her husband died the following day, in the afternoon; that her husband, after lwing woundi~d, on the same night was taken to the tribunal of her pueblo; that the defendant was anestetl and brought to t!IP saine tribunal about 11 o'clock on the same night. After several othel: witnesses \\"e1·c sworn, Anatalia Ngojo was recalled, and ga\'C further testimony. In her second testimony she swore that she saw the defendant while he was under the house in the net of wounding her husband; that she nnd her husband wel'e sleeping upon a petnte, and that ;:;he saw the defendant while hc was under the floor of her house, through the Roor, at the head of the bed where she nnd her husband were sleeping. Nothing is said in her second examination with refrrenee to her having seen the defendant also while he was in the act of leaving her house, after her husband had been wountled. Hhe does not sny, in hrr second examination, that the onlr timr i;hC' snw the defendant wns whilr he was under her house. The court below found that thi:-i sccond statcment contrndictcd her first statement with reference to the time and pince when nnd where she saw the accusrd. This conclusion i~ not justified from the e\'idence. The eviden<'e, as it stands, show!i thnt on her first examination, she snw the defendant us he wns lcnvin,g the housr, nmning, with a "pinuti" in his hnnd. The second exnminntion shows that she saw the defendant also whilc he wns )"<'t und<'l' her house and in the net of wounding her husbnnd. \Yc must conC'ludc. tht>l'eforc, that shc snw the l\<'Cllsed on two diffcrcnt occnsions, and identified him. The tcstimOil.'' of ~rrnpin Godines flhows that shc knew the accused, as wrll n~ thc d1•censed, Prndenrio Godines; that Prudrncio nodincs died about thc t>nd of tht> 1~onth of April. HI03: thnt thr accu,;ed lived near the house of the deceased; that on the night when the deceased was wounded she met the accu,,ed coming out from under the house of Prudencio Godines, carrying a ··pinuti" in his right l_iand; that at the timr she saw the deft>rnlaut hc was about four "brazas" from the house of the decea.;;ed; thnt shr saw the deceased on the night he was wounded, and that he had it wound in his body in the costal region, which was made by it sharp instrument, and which extended clear through his body; that the defendant was arrested on the same night, in his house. at about l l o'clock p. m. The testimony of Leocadio Dignos shows that he knew the d('fondant, as well as thf' deceased, Prudencio Godincs; that tlw deceasrd, J>rudencio Godines, died from the effect of wounds which lw l'eceived on thc night of the :30th of April, 190:3; that hr, together with ccl'tain municipal policemen, arrcsted tlw defendant, about 11 o'clock at night, on th<' aoth clay of April, 1903, in his house. The testimony of the witnesses, called on behalf of the prosec11· tion, shows that the accused and the dt>ceascd had had n quarrel conc<>rning the possession of a ccl'tnin tmct of land, nnd that the accused charged that he had been put out of the possession of this land through the influence of the deceased. This evidence >rns intrnduced for the purpose of showing the moti\'e on the part of the accused for committing the alleged offense. The accused was sworn in his own behalf and stated that on the night that Prudencio Godines was killed, he, togeth<'r with others, went out from their houses at about 4 o'clock in the after· noon for the purpose of fishing and did not return until about 3 o'clock the next morning, and thcrefore could not have bl'en present at the house of Prudencio Godines at the time the crime was com· mitted. Three witnesses were sworn in support of this fact whose testimony agreed exactly with that of the accused. \Ve are not inclined to believe the pl'oof of alibi. Frnm thr foregoing testimon.'' we reach the following conclusions: First. That the accused, on the night of the 30th diLy of April, 1903, did, with premeditation, while one Prndencio Godines was lying upon the floor in his house, thrust a "pinuti" up through the interstices in the floor of the house and through the bod.'' of thr said Godines, from which wound the said Prndcncio Go1linrs died the following afternoon. Second. That the said acts were {'Ommitted Ly the df'fendant at nighttime and with treachery. Thr court, having found that the defendant committed thc cl'imr charged, with premeditation as a qualifying <'il'cmm.tancrs, and the existence of two aggrnvating circumstances, to wit, noctnrnity and ale1;osia, it does lwreby re\"oke the sentence imposed by the Court of First Instance of the Pro\'incc> of Cebu, nnd doc>s hereh.'' srntence the said defendant to be imprisoned for tlw JWl'iod of hi,; natural life, with accessories imposed by the lnw, and to pn_\· 11 fine in tllP sum of $1,000, Philippine currene~-. for the us1• <Uld bcnc>fit of tlw widow of thr 1lc>cc>as{'(I, n11d llw t•osbi of both in· stances. It is so ordered. Arellano, C'. ,J., Torres, :MeDonough. urn! :\fapn, .J.J .. eoneur. ,/udgmcnt rcvcrsc<l. [No. 1559. April fl. rno-1.] THB UXJTE/J S7'ATBS, complai11(lJ1f and appclln". r.~. LOIU:SZU ALBA.NO, defrnda11t a11d appellant. CRIMINAL LAW: Su:t:1•nm ON PosT.-See ra("ts ln this <:nse upon whfrh the defendant, n member of tbc Constabulary, wns 1·011\·kted ot th" otTcnse or sleeping on post. APPEAL from a judgment of thc Court of Fil'st Instance of Manila. The facts are stated in the opinion of the court. F. ).lARIAXO, for nppellnnt. Holicitol'·Ciencrnl AnA:-;l:TA, for nppcllc>C'. OE'FICIAL GAZETTE 485 · - - - - - - - - - - - - - - - - - - - Coon;11, ./.: April, lUOi, lluminado Cosio, upon awakening in the· morning Tl1e d1•fendant, Lorenzo Albano, is charged with the offense of found that these ,;ernrnts had left his st>rviee and he 1liscovercd ">lreping on po-;t while on duty as a sentinel in the Philippines that the lock of the chest containing the arti(•)es referret.I to had ConStalmlar,\ imd was convicted by the Court of First Instance bf-en broken open nntl the articles taken from it. ;ind ,;1•nlcncPd to imprisonment at hard labor for the period of A few days after the occurrence the defendant Pedro de la one war. llr appealrrl from this judgment. I>ata returned to his mastn arul was taken back into his servic.-e. It is contendet\ by rounscl for the dl'fPndant that hP wns ill The only excuse hp ga,·e for his sudden 1leparture was that he wlU'n plnced upon duty and that extrn duty was imposed upon was in\'ited by the other defendant..<; to leave with them. The him; that he was placed on gilard from (i p. m. until 2 o'clock defendant LeoC'a<lio llcycs was nnested about fi\'e months after in the morning. the occurrence and guve no excuse for his sudden departure. Up Benito de Leon testified that the defendant was placed on to the <late ot the trial ).lelquia<les Kirnti1tgo had not l>een apguard at 4 o'clock in the morning und was found asfoep at half past prehended and arrested. 4. This witness also de>nit>s the statement mad<' by tlw defendant It was shown that .:\lelquia<les Santiago slept in the room of that he had been placed upon rxtrn duty on the> night in question . his muster and had an opportunity perhaps superior to that of or that the defendant rrport1•1I himself as ill at the time he was the other sel'\'ants, who slept below, to commit the robbery and it placed on guard. is most ,probable that the offense was committed by him. ThP The e\'idence in thr casr also Rhows there were se\'ernl insurrecto circumstance of their all lestving was· \·ery suRpicious, but this prisoners sleeping on a large table in front of the deft>nclant, over circumst:mce alone we think is hardly su!licient to fix upon tht> whom he was standing guard. The charge against him has bct>n defcmlants the commission of the crime. fully proven. lt may be possible that the defendants Pedro de In Pata and It appears in the record that the defendant has l>een in prison Leocadio Reyes had a knowledge of the taking of the property flinee the 1st day of May, HI03, and as he has served almost one and may have participated in its division, but the doubt arises as \'ear of the time for which he was sentenced, we are inclined to to whether they were accessories after thf' fact or were engaged ~educe his punishment to on<' month's impri!lonnwnt. and to this in the commiRsion of the offense as principals. There is a reasonen<l we modify the judgment of the Court of 1-'irst Instance and able doubt in the ease as to the guilt of th<' deff'ndants, which sentence the flefendant to thirty days' imprisonment in Bilibid will require their acquittal. and ndjudgr the costs of proCet>dings againRt him. The judgment of the low<>r court is re\'ersed and the deft>ndirnts Arcllano, C . . J., Torre11, Mapa. )feDonough, nnd .John~mn, JJ., are acquitted of the ehuge, with the costs de offrio. .Judgment modified. [:\o, 156~. April 5, 1904.) 1'lfR U"SI1'ND RT.'1TBS, complainant and a1,pdlee, v.~. PRDRO /)}] TA P:11'A ET AL., defcndanlR and appellants. CRIMINAL LAW; RODBJ-:RY; EVIDENCE; REASONABL!o: DOUBT.-Wbere tile evidence against tbe accused only goe5 to 1>bow that they had an opportunity to commit tbe crime of which they are charged and thnt the circumstances give rise to n suspicion of their guilt, it leaves • room for a reasonable doubt, and they must be acquitted. APPEAL from n judgnwnt of th<> Court of 1''irst Jnstanee of :Manila. Th<' facts al'e stated in th<' opinion of thf' <'Onrt. l~. HonRIOUEZ, for appellants. ~olit•itor·(;('IW\'i\I ARANf:TA, for npp<'ll('('. ('OOl'Ell, J,: The defcn(\nn\..;, Pt•dro dC' In Pata, LMcndio llt>y<'s, and Mt>l· qnind<'R Snntingo, nrt> clmrg<'(\ with tlw crinw of robbery, C'ommittt>d as follows: The defendant11, while emplo:rl'd ns servants in thP dwelling house of one Jluminado Cosio, unlawfully and feloniously openrd a womlen clwst which wns locked and contained vnluable pnpt>rs. jt>wrlry, and otht>r documl'nt..;. with tlw intC"nt of gain. without thr consent of tl1<' owner, and took the following prrsonnl property lll'longing to llmninado Casio. to wit, $400, llnited Rtate!l cur· n•m'.''• in hills of *20 tul(\ $10; 4-00 pe~o». Mexi<'nn <'lllTetl<'y, in hills of $!i0 nml $25; two gold 1liamoml ringR, onP of tlw nthw of . i!iO pe..;o..;, )h•xiC'nn C'lllTt>nC"y. aml tlw otlwr of tlw vnlut> of 2il0 P""os, :'lr<'xfran rnrrency. The cll'fl'IHlnnt ;\[C'!quinde>s Rantiago wns not arreRted. Tlw 1l1•fC'Jhlants Pe(\ro d<' la Patil. and lA'OC'adio R<'ye» W<'re found guilt,\· by \ht> Court of First Instance nnd $e>ntence>d to imprisonnw11t nt hard lnhor for th<' period of thrt>t> yt>nrR. Tlw C"ns1• lins lu'<'n npJ>enlN\ to thiR rourt and tlw q1wstion »nhmitted for drfrrminntion is. \YnR thf' proof 1111ffiC'ie1it to ronncd Ow (\t>frndnnt..; with the <'Olllmission of tlw <'rime>? The> proof '<hows that th<' d<'fC'mlnnt l'<'•lro 1lt> Ill Pntn w!\s th<' t'OC"!wro, LroC'ndio Re>ye>s wn11 th<' cook. nncl )f<'lqni!\des 81\ntia~ wn11 tlw Sf'r\'ant of l\nminnclo Co'<io; thnt on tlw 29th day of Arellano, C. J., Torrc>1, Mapa, McDonough, and Johnson, ,J.J., Judgment reversed. [No. 1573. Aprll 12, 1904.] THE U3llTEn 87'ATES, compla4nant and appeller, vs. TOMAS DE GUZJl.4.S, defendant and appellant. CRIMINAL LAW: DRIGANDAGE.-One wbo becomes a member of a11 armed band or robbers, composed or more than three persons, Is guilty or the crime or brigandage. APPEAL from a judgme>nt of the Court of First Jnf!tnnce of Bataan. Tlw facts nrE' stat.Rd in the> opinion of tlw C"onrt. I•'. MAIUA:"O, for nppellant. 8olil'itor-Genernl ARANETA, for appE'llee. .Jo111H;o:", .!.: The dC'fendant was l'hnrged with the crime of bandolerismo. He wnR tried in the Court of First lnstam·e of the Province of Butaan on October i, 1003, and wn,<; .'ientenced to be imprisoned for the tt>rm of thirty years, and to pny the costs of the suit. Vidor Santos. a witnesR on behalf of th<' prosecution, testified that he- knew tht> defendant; that he was commandant of a band of bandits; that Eulalio Bnndoc. Miguel Labrador, nnd Candido Dimln, togeth('r with othen~. were his soldiers; thnt the defendant and his soldierR. or the otht>r members of his band, always carl'iPd nrms.; thnt they wer<' opposed to the Govcrnnwnt nm! built ll·C'nC'h<'s for the protection of themselws near the pueblo of Bag· hng; tlmt the »11id band RURtainC'd itself by robbing . 8il\"estrf' 8angalang tes.tifie<l that he> was a t'Orpornl of the Constabulary, and knew the Dccust>d; that the> accused and his C"ompanionR .constituted a bnnd of tulisa11es, and that' the band \iwd hy robbing; that it compelled the people to giYP it food and Rnpplies by force and intimidation, and that said band alway,; went armed. Vicente de In Petta testified that he knew the accused and nssiisted in anesting him; that he wns <'hief of a band of l1tli· .~anes: that 11nid band nlwa~'s went armed with deadly we1\pons. nnd was dt>diratt>d to robbing rarnbao>1 nnd othPT perl'lonol property. 486 OFFICIAL GAZETTE Canuto .Mariano testified and stated that he knew the accused, and that he and hi.-; companions <'lltf'red eel'tain barrios and de· mnm.lcd food; that thr band was composed of nint' or more per!'lons, and always went armed; that the people ga\"e them food hecause of tlw thr1·ats which \\'Pl'f' mad<' by the members of thr said hand, and becaui<r of tlw fNlr that thE' people had of the said band. Flon•ntino Amlres l<'stitit>d that thl' accmied, with his companiom~, stoic his banca; that he !"('COV<'rNI his banca \ai<'r through the Constabulary, and that thP defrndant and his 1·ompanions nlways went armed. Henry Knauber l<'slified that lw was a chief of the Constabulary, and knew thl' nc1•us('(\; that the a1•cus<'d and his hand took. part in the fight betwe>t>ll the ConstnbulaQ· aud the band of ladrones on March 20, HIO:J, at Coral·na-Bato; that the aeeust>d and his band W<'re undt>r the command of General San Miguel; that the accused and his" band committed Ynrious robberies in the barrio of Cahca hen. The prosecution introduced in evicl..-nce a document. captured by the Constabula1·y dming the fight butween the Filipino scouts and the band of ladrones under the command of Gr-nr-ral San Miguel on March 2i, Hl03. This document eontainrd the nam<•s of n large number of pr-rsons, together with theil" rnnk and title. Among the names given. appear the names of many persons here[No. 1585. April 9. 1904.] 'J'J/f,' l.\'ITHD N1'.·l1'EN, compluilllmt and appf'llee. rR. /~'STF:llA.Y l"/R,.1 r, defendant U11d up71elfanl. CRIMIN"L ~w: DESERTIOS.-See fa('tS In this case upon wbkb the a1·rused, a member of the Constabulary. was (·onvlrted or the ('rime or desertion. APP~~AL from a judgment of th<> Court of First lnstnnw of Manila. P. ,J. i\IooRE,° for appellant. 8olicitor·General ARAi\"ETA, for appellet>. COOPER, J.: The <l<'ft>mlant, \'irar. wai;; charg<•d with thP offense of d<.'sertiou, committed as follows: That,' being a member of the Philippines Constabular;r, r1uly enlisted and receiving puy therein, on the 8th day of Januar;r. HI03, he abs<>ntctl himo;elf from the said Constabuliu:r and from the troop tl1t>n stationed in :\Janiln, without Ir-ave. nnd with the intent not to return thereto. He was found guilty by the Court of First Instance and sentenced to imprisonment at hard labor in Bilibid for the period of two yl'ars and to pay n fin<' of $:)00. He hq,s appealed from this judgment. It appears from th~ evidence in the case that the decensr-tl wnfi tofore sentenced by thi!-! court for the crime of bandoleris1no. The an enlisted soldier in the Constabulary, receiving pay as a soldirr: defendant's nnme appears in the said list as n mt>mbe1· of the said that having reported to his superior officer his incnpacit:.• for band. A certificate is also attached to the said document, signed scnice on account of illness, the 8th day of Januarr, was sent bv by 1-iaturnino Pnscunl, who sig-ns hims<•lf "The C'oloncl Chil'f the captain 0£ his company to the hospital for treati'nl'nt. Im•tea~I Organizt>r," who CC'rtities thnt '•in 11('knowledgment of the se1TiC'es of going to the hospital he went to the Province of Pampanga, rendered to ·the mother country by Sciior Tomas <le Guzman I where he was arrested some time in :March. \Yhen brought back hereby nuthorize him to organize troops in the jurisdiction of he stated to his superior officer as the cause for his leaving that Bata:in, one of the provinces of this T11i--...-alog land. he had a fever and instead of going to the hospital he went over "Wherefore, I request e\•ery one of the sons of the people to to slt>ep in another place; that he was out of his hrnd and wht>n recognize the said sefior and show him due respect, obeying his he cam(' to himself he wus out in Pampanga Province. orders whenever they are lawfully issued. The defendant tC"stified in his own bl'half and stated that at "Issued at these organizing hea(\qual"tel's this 26th day of No- the time he left he was very much fright<>ned and did not have vember, 1902." • time to go and see hii;; Chief; that he had bPt>n sent to t!U' hoi;;pital Anothn certificate, signed hr tlw Sllllll' Ratnrnino Pasl'ual. con- a fC'W da,rs befort> and thr-y only giwt> him cofl'f'<' nnd rice aml no tains the following statement: fruit and at midday rice with water, without salt. He denied "llepublica11 ,trmy of tlw Pl~ilippi11cs, fl11la<>an Rrigmle, 7'hird that he was working in a rnilroad g"llng at the tim<' lw was Uattalion of regulror forces: captnrrd. He statt>d that during the timp hC' wns in Pampangn "In acknowledgment of the good dmrnl'ter and sen·iccs rendt>rl'd he rC'po1ted to an officer of thP C'onstalmlar:.• in Pampnnga; he to thP mother countl'y by 8eiior Tomas di' Guzman, I hrreby wns told to accompany thr otlieer nml wns thPl"<"Hpon put nmler appoint him cnptain pn:.·mai;;tC'l' of thr l'P~"lllnr infantry, to take a1TPst. l'ff<>ct from this d11tt>. It is prm·<>n that at the tim<> thP dt>ft>ndant was arrl'Stt>d he "\Yhl'rrfore, I ndvisc all military and l'i\'il officials to recognize was without uniform and wns in c·hurgl' of n gang working on him nnd show the respect dur hii;; rnnk, and obey his orders when- the railroad. C\'Pl' tlwy are lawfully issuNl and in acconlance to the authority The proof is suffi<'ienl to sui;;tain th<' l'Onviction and tlw jud~nf hii;i office. ment of the low<'r <'omt is a!Tirmcd. "1ss1wd nt thesl' Third Hnttnlion H('adqmu·Uori;; this 26th dny . .\rt•llano, C' .• J.. Tol'l'('s. :\lnpn, :\f<'Donough, nm! .Johnson, .T.T.. of Xo\'embt>r of 1902." Thl' d('f<'mlnnt offl'l"('(\ no proof in his own behalf. ,f1Ul!Jmc11f a(firm('d. 'l'lw fnctfl adclnrt>d in open court in this t·it-<;(' justify thr- following- conC"lusions: First. That Tomllfl dC' Guznmn was a nwmber of 1111 urmed band, C'OlllJlOS('(I of 11101'(' than thrt>e pel'S{)IJ;;.; RrC"ond. Tlwt ,;nicl band wns armed with dC"ncll:.· Wt>npons. and wl'nt out upon tll(' higlrn•a:.'s and ronnl('d ov1•r the country for thr JHll'JlOS<' of robbing <'lll'nbnofl nnd othPl' p1>1·so11nl prop<•rty; Third. Tl'hnt thl' band C"ommitted vnrions 1wts of robh('l';'>' h~, mrnm1 of threats and violence. 'l'Jl('rC'fol'C', we do lwr<'b;'>' !ind the d('f('mlant guilty of thr l'rime nf lwmlolf'rismo tmder Art No. !llA of the C'ivil Commission. and do lwrrhy ronfirm th(' jndg-m<'nt of tlw ('onrt b<.'low. And it is so . \rC'llnno. (' .. r.. Ton1•;i, ('oopt>l', :\[apn. ntul ?llC"Donoug'h .. J,J.. .fud.qm1·11t aflirml'<l. [No. 1586. April o. 1904.1 Tllf,' l"YITf,'D STATRS. complai1w11t a11d appclke. 1'f~. PEL/PB Y.-l Lt RHO, d('fe11d(//1f a11d ap1Jdlont. 1. CRIMINAL LAW; Bru11F.RY.-A sanitary Inspector who urcepts a gift from the tenant of no unsanitary building and Jn consideration thereof refrains (rom performing bis duty to report Its l'Ondltlon to bis superiors Is gullty o( the crime or bribery. 2. In.; Pt:NA.LT\': AnRESTO ll-IA\'011; HARD L.1.llOR.-Tb(' penalty or arresfo mo.vor does not lndude hard labor as part of the punishment. APPEAL from a jml,i.rml'nt of l]l(' C'ourt of First lnfltnnce of Mnniln.· Thr ·forts ar<" stntl'd in thl' opinion of tll(' <'Ollrt . \YM. H. LAWRENCE. for nppt•llnnt. 1-iolic·itor·l:C'nl'l"nl Al!AXETA. for nppl'll<'C'. OFFICIAL GAZETTE 487 COOPER, ./.: The defendant, Felipe Xavarro, is charged with thr offense of bribery committed in the following- mannn, to wit: That, being a duly appointed, qualified, and aeting sanitary inspector for the Board of Health of the city of l\Ianila, he did solicit, accept, and receive a present from Tiong Siaco and San Kaeo, to wit, the sum of 3'! peso!!, local currency, with the purpose that the said defondant should abstain from performing an act which he should perform in the exercise of the duties of his office, purpose of eogag\ng ID the robbery o( carab11.os aod other personal property, Is guilty or the crime o( brigandage. APPEAL from a judgment of the Court of First ln:-.tnnN" of Bulacan. The facb; are stated in the opinion of the eonrt. ,J. :'IL PATERNO, for nppcllant. Solicitor·General ARA~ETA, for 11ppelle1•. to wit, the reporting to his superior officers that the said Tiong ,JouNSON, J.: Siaco and San Kaeo had violafed the health ordinances and regu- The defendant was chargf'CI with thf' crimr of bmulolcritmrn. lat.ions of the city of Manila. The complnint chnrged that h(' was a lnC'mber of thC' band of The defendant was found guilty by the Court of First Instan<'e ,Julian Santos, composed of more than thrC'l' persons. which band and sentenced to imprisonment at hal'd labor. in Dilibid, for the · was dedicated to the l'Obber:i.· of carnbaos and othC'r 1wrsonal period of four months and one day and a tint> of 10~ pesos and property by means of force and violE"nC'e; that said band went to p1Ly the cosbi of the case. Frnm this judgment he has appealed •mt upon the highways and roamed over tll<' country, arnwd with to this court. deadly weapons, within thE' Provin<'r of Ih1lacan, Philippine lsThe prnsecution is based upon the pro\·ision,.; contained in lands, during the last months of th<' yrar 1902, and the first article 383 of the Penal Code, which reads as follows: months of 1903. "When the purpose of the gift reeeivecl or promised was that The defendant wa:-; tri<'d m the Court of First lnstanC'l' of the tlie public official should abstain from performing nn act which Province of Bulacan in the month of October, Hl03, was found he should perform in the exercise of the duties of his offiec, the guilty of the crime charged, und wu:-; sentenced to be impdsonf'd penalties shall be those of arreslo mu.yor in its medium to its for the period of twPnt:i.·-four yeins und to pn:i.• the costs of tlw maximum degree and n fine of from an umount equal to three suit. times the value thereof." The evidence of Rieardo Aquino shows that he had been seThe proof shows that the defendant was 11 sanitary inspeetor quest<'red by the bnnd of Julian Rantos, which was th<'n eomposed for the Board of Health of the city of l\Ianiln and that in pur- of about fifty armed mC'n; that hE" was detained b:io• said band for suance of his duties as sueh lw mlJe,I at \•arious times at the the period of a.bout one month, and that he escaped from sahl house of the Chinamen for the purpose of inspecting the sanitary band during a battle which took place between the mrrnhers of condition of their premises, and on these oC'easions collected sums said band and the Philippines Constabulary in the puelilo of of money amounting to from 20 to :JO eents. irexiC'an. Bagbag; that the saicl defendant was, during that pniocl, n San Kako testified that the defrndant went to the house of member of said band, and that he had seen the said def(•ndant Tiong Siaco frequently und whene\·er hP 1·a111r hC' said that the frequrntly consulting with the chief of said bnml, .Julian Rnntos. house was dirty; that sometinws he collectrd 20 cents ancl some· The testimony of Gervasio Gimen<.>z 8hows thnt he was n times 50 cents, in nil amounting to about 4 pesos; he testified ddeC'tiw. and lin•d in the clt:r of Manila; that he knew the that Tiong Siaco paid the money becaUSl' he was afrnid of being accused. and had seen him in the mount11ins nrar Hngbag with the fined for not keeping thr house clean; that l'\"l'l')' tim<' tlw defend- band of Julian Santos; that said baml was then eompo'>ed of nnt came to the house of Tiong Siaco h<' told him to clean the about sevent:i.· armed men; that the aC'CUst>d wns nrarly ahrn:i.•s house and if he did not do so that he would bC' arr<'stt>d. hut the r-f'f'n with ,Julian Santos; Umt he, tlu• said witness, hnd been with witness stated that Tiong 8inco had never !wen arrested, tlw :;aid band for nbout two months, and thnt the snid bum! liv<.>d The def<'ndant testifiPd in his own behalf and stutPd that he b~- robbing earabaos and oth<.>r personal proprrt~·· had inspcd<.>d the houses in his district oneP a day and reC'ollects ThP testimony of Venancio Bartolome shows thnt he had known of having inspcetetl the house of thl' ChinamPn at No. 15 Calle the a<'cused and had seen him on various occnsion1' armed, with Mestizos. H<' stuted that the hons<' of thc1'<.> C'hiirnmen Wa'> nlwnys about one hundred others, nncl that Faustino GuillE"rmo nml found in a dirty and unsanitary condition and thnt II<' reported General San l\Iiguel were the ehiefs of snid band: that he had Sf'f'll th(' case to the Snnitury DPpartment. th<' >;aid band near tl1e pu<:>hlo of C'aloocnn; that the band \\'ll" If h<' hail mnde Sll<'h a l'Pport he should haw col'l'ohomted his then waiting for an opportunity to ntta<'k the Philippi1ws C'on,.tnhtestimony by having tll<' r<'port pl'odueed nnd offe1·pd in cviden<'c. ulary; that while the snid band was near the pueblo of Culoocan This he failed to do, th<':'-' attack<.>d and l'Obbed an Am<'riean of hi.; mon<'y nml n wakh, AlthouJ?h he wa" 0;1 tlw stnnd te,.tif~·ing in his own behalf, he Enrique Pasion tE"stified that he had been a soldi<'I' of Faustino nlso failed to dPny til<' t<'stimony ginn hy th1• C'hinall\Pll that he Guill<'l'lllo: that Guillermo was a eolonel of th<.> Kntipunan luul r<'<'<'iv<'cl mon<':i.· from thE"m on t lw OC'l'llsion of his \'isits to ~ol'icty: that ht> had seen the accused with Gnilll'rmo's hand. th<'ir house. which band wns armed, ns w<.>11 ns the dC'f<'ndnnt: thnt snic\ ham\ ~o <'Xplanation was macle h:io• him ns to why hr had made tlws<' had attnC'k<'d s('\'l'l'a\ Jllll'hlos in tlw Pro\·i1wes of HulnC'nn nm! <'011l'ctions. nor was tl1er<' nn:i.• dC'niul on hi,. part tlrnt suC'h C'OI- Ri?.al: thnt in th<' month of Decf'lllh<'r tlw said hnnd C'lltf'n•1I the• ll'C'tions WC're made. purblo of Pnsig- for the pmpos1• of attacking- thl' Philippi•ll'" W<' think th<' proof is suffi<'i<'nt to sustnin th<.> emn-iction. nn<l ('onstnhularv and robhinJ! tht:>m of thE"ir g-uns; that at tlw timr th<' judgnl<'nt of thr Im\'<'!' ronrl will he affil'mNI with 11 morlifi<'a· of this ntt;c·k upon th<.> pu<'hlo of Pn . .;ig- thrrf' werf' nhont Oil<' tion of thr sl'nl<'n<'E' in so fnr ns 11<' is "-ent<'n<'Pd to imprisonment hundred lll'IHNI Ul<'ll in th<' hand: that Fan.;tino Gnillrnno nml at lrnrcl lahor. Th<' law dC'llninµ- and punishing- this offpns<' do<''> .Julinn ~antO"- \\'<'!'<' <'hi<'f,. in tlw snid lmnd: that on th<' OC'C'a,.ion not provirlr for hard lflhor ns n pnrt of thr p11nisl1111C'nt. when ..;ail! lmml l'nt<'rPd tlw pu<'hlo of Pn.;ig tlwy "tnlf' n vaC'1111n Ar<'llnno. C'. ,J.. Ton1•s, :'l[upn. :'lfl'Dono11;:!'11. and .Johnson, .J.J.. nnd som<' i·nvan<'s of rirr; thnt 1hr ,.ni1l hn11d <'nh>r<'rl thP ptwhlo .f11d.qmr11t modified. fNo. 1587. April 8. 1904.l T11F: l'X/Tf,'fl ,..,..T:ITF,f{ <'Mnploi1rn11t 1rnd up1wlfr<'. r.~ . .1f.t.'rf1f() D..t./...tll'.·1).1, d<'(<'11du11f u11d fl]i/Jdluut. f'RIMINAI. L.\w: TIRl\1.\:-.'ll.\G~: -Onf' wl10 IH 11 lll<'mbl'r of n band or moro• thnn thrl'r pt>rsons. nrmed with dt>ndly weapons. ori;:-nnlzpd tor tl"' of ~nn !\latl'o, nnd on thnt OC"C'a«ion «tol<' thrP<' <'!ln1hno«: thnt th<' hnnd on thi.; Jnttpr OC'<'asil'n wn..; 1•on1po"-rcl of about twl'nt.v nnu<'cl 111<'11: tlmt on nnothl'r 1lnh• tlw ,-11i1I hnml l'ntt:>r<'<l tll<' pu<'blo of ;.;,1,·otn"-: tl111t 1hr ::;;1icl lm111l wa" urnw1l. :11111 thnt <1nillnmo was its <'lli<'f: on thi~ lnttn OC'<'nsion thP ~nid band stolr one hor~P 1111tl nhout JOO p<'sos: th11t the said arrused was with the snid hnncl for nbont on<' month. 488 OFFICIAL GAZETTE - - - ------------------------The defemic introduced three witnes!:les in addition to the testimony of the defendant. Two of these witnesses were prisoners in thr public cnrcel, and admitted that they had been .<;oldiers anil nwmbcrs of the said band of General San )liguel and Fau.~tino Guillermo, and that they had not seen the defendant in such haml. ,Jose Tupas was intrnduced ns a witness, presumably for the purpose of showing that the time stated by the witnesses for the prosecution, when the said band entered the different pm•blos, \\'err not the correct dntrs. l'pon examination of the witnessr.'> for the prosecution it will be noted that no date was fixed b;r the several witnesses whPn these various entrances into the pueblos were made. No effort was made to disprove the stat<'ments that the said bands did, on or about the dates mentioned · h~, the witnesse:-; fol' the prosecution, entf'r th.- various pu<'blos. The defendant gave frstimony in his own behalf. and his tt>stimony was in the nature of a general denial of the fact:-; prm"<'n by the witnesses on behalf of the prnsccution. The evidence in this case justifies th<' following com·lusions: First. That in the month of December, l!J02, and the months of January, F<'bruary, and March, 1903, there existed in th<' Pro\'· inc<'s of Bulacan and Pasig. in the Philippine Islands, an armed band composed of mol'e than thl'ee persons, captained b~· G<'nernl San "Miguel, Fam-itino Guillermo, nnd ,Julian Santos; Second. That said hand was organi1Rd for the pul'pose of stealing carnbao;i and other per;:;onal property; Third. That said band did on several occasions enter various pueblos in the said provinces, and did then and there steal cara· baos, money, and other personal propnty; Fourth. That said band went out upon the hi~hwa~·s and rmuned over the comitr,y, armed with deadly weapons. Therefore, we find the defendant guilty of th<' cl'ime of bandolerismo, in manner and form as charged in the said complaint, and do hereby affirm the judgment of the Court of First lnsbm<'e of the Pro\"incc of Bulncan nnd sentence the said defendant to be imprisoned for the pl'riod of twl'nt~·-four years and to pny the costs of both instances. Arellano, C .. J., TolT<'S, Mapa. C'ooper, and McDonough, ,JJ., .flldgment u/lirmed. [No. 1592. April 22, 1904.J THR UNITED STA'l'ES, complafoanf and appellPe, 11s . .. tPOMJNIO N,tTll'IDAD, defendant and appellant. CRIMINAL LAW: BRIGANDAGE.~One who Is a member o( an armed ba11d or more than three men, organized for the purpose of robbing carabaos Rlld other personal property Is guilty or the crime of brigandage. APPEAL from n ju<lgmcnt of the Court of First Instance of Bu· lncnn. Tlw facts nrt• stalt>d in the 011i11ion of thP rourt. R. l\lonE:so, for nppellnnt. ~o\idtor-Gt>neral AnANKl'A, for npp<•lh•<'. ,JOUNSON, ,/.: Tiil' def<'ndant was chnrg-ed with the crinll' of b1111dofPris1110 nnd wn,; tried h)' tlw Court of First lnstnnr<' of tlw Pro\"illC<' of Bulacan on the 2!1th dn~· of 81'ptembel', l!IOa nnd wns sl'ntl'nced to bl' imprisoned for the tl'rm of twl.'nt~, y<'ars um! to pny the costs of the suit. \'iuiou!l. witn<'SS<'S were sworn on hl'hnlf of the proserution. :\Ir. MPlville A. Hn_yes t('stifiNl that hl• km~w th<' nccus<'d and that h<' wm; n llll'lllbl'r of u bim<l of ladro11<'s. The d<'h•ndant confcsst'd to him rnluntnl'ily nnd without promise of reward that lw, togeth<'l' with Ynl<'lttin .\\"enn, Emiterio A\·<'11elnih1, Lort'UZO de la Cruz und ollwrs roblwtl t•ight t'arubnos, th1• prn1wrty of 01w Fnbiun <tnll<'go. which carabaos werl' in u corral of the sitio of 8ap1mg-Po1h1y of the pueblo of San .Jose. in the month of ).fa~·. 1903. 8egundo Gallego testifi<'d that hi' was the ;;on of Fabian Galh•J!o and lived in the sitio of Sn pang-Palay of the purblo of San ,Jo_..,,,: that he was in charge of the eight carabaos of his father. whid1 were stolen; that the carnhaos were stol<'n from his corm\ h~· five armed persons about the first of ::\lay, l90:J. Fabian Gallego testified that he was the fntht'I' of 8t'gundo Gallego; that he was the owner of eight carabaos that W(•re in tlw possession of his son in the sitio o~ Sapnng-Palay; that-the carabaos had been stolt>n in the latter part of the month of April or in the first part of the month of ::\lay, 1903; that he reco\"ered the carnbnos from the poss<'ssion of the Philippine f'cout,.; on or about the 5th day of May, I DO:t Leandro Santos testified that he was an lnspt•c·tor of tlw Phil ippines €onstnbulary and knew the accused; that lll<' iu·cu:-;ed at the time of his arrest hud made a conft•,;sion, frct'ly and voluntarily and without the promise of a reward of uny charnctl'r whatever; that he and his companions had robbed tlw eight carabaos in question and that he and his compnnions werl' arnwd with two guns and a war bolo and other short bolos; that this confession was reduced to writing and was signed by the defend· ant, by himself, and one Luna. The confession was in the following language: "TWENTY-FOURTH COMPANY °SATl\'E SCOUTS. lLOCANOS, "Banta Maria, Rulocan Province, /'. /., .1/ay .~, J.9U.3. "Declaration of Apolonio Natividad. "l\Iy name is Apolonio Natividad. I um n Filipino, nntiv<' of the town of Santo. 1\-Inria, Bulacan, 19 years of uge, married, u farmer, and live in the barrio of Halung of tlw town of Santa Maria. I swear before First Lieut. Chas. K Dorit~·. commanding offieer of the Twcnty-foul'th Company of Ilocano Scouts, that I am n member of a band of brigands composed of my companions Vnl<'ntin Avena, Lorenzo Conccpeion, Emiterio • .\\'cndafiu, Fclieiano de Ju Cruz and Prudencio Cristobal, residents of the same barrio of Halang of the towns of Sun .Jose and Snntn l\Inria, respecti\·<'i)". "I also deelare thnt I and my eompanions Ynlentin A\"C'llU, Lorenzo Concepcion, Feliciano de la Cruz, and Prudencio Cristobal robbed eight carnbaos at a plaee ealled Sapung-Paln~· of the town of San Jose (Bulacan) nnd after we took the said en ml.mos WI' invited one of our own companions enllcd Emitel'io Avend:uia, r<'sident of the bnrl'io of Halnng, San ,Jos<', to accompan~· us to take the said cnrabaos to the town of Xo\"uliches, Rizal. where we dPlivered them to the parties named Captain Cirilo and C'ah<'Zll Angel, both residents of the same town of Xovaliehes, Province of Rizal. "I swear, and, being unable to sign. pine·!' u crnss in the middl<' of m_y name. ''APOLONIO (his x nmrk) NATl\'IUAll. "Witnesses: "URBANO C. LUNA. "LEANDRO SANTOS." After the accused 1rnul<' tlw forl'going- l'onh•ssion that tht• at'cns1•d told him (Santos) whNc tlw guns ha(! lJP('ll hidd<'n in till' midcllt• of ii cogon field, to which place he conduclt•d him. l'rbuno Lmm testified that he knew tlw dt•fondunt uml was a prisoner in the !:illllle cared with him in tlw month of )lay, l!JO:J; that he heard the defendant make a confrssiou that lw iu com puny with others robbed l"ight cnrnbao:< from tin• :<itio of 8upnnJ!· Palay of the pueblo of San Jose; that this conft•ssion was nmd1• to L<'nndro Santos, volnntnrilr and that Santos 1m11lf' no thn•ats or promi!:ies of rl'Wnnl whnte\'<'r: that lw acted n:< interpretl'r: that nftcr the confrssion was madt• nncl r1•thlC'l'd to writing thnt the accused rend it. or rnther it was l"Pud to him. nnd he therl'· upon signed it; that he rPcoµ:nize(l the abon·-<1uoted confesHlon ns the document which w11s sig1wd by tlw d<'frndnnt uft<'r it Juul OFFICIAL GAZETTE 489 been read to him; that the 1lefendant said his companions were Valentin Avena, Feliciimo de la Cruz, Lorenzo Concepcion and others whose names he did not remember. The defendant was sworn in his own behalf and stated that be made the confession quoted above but that he was abused and maltreated by Leandro Santos and was threatened with death and that he made the confession on that account and that he told Leandro Santos where the guns were because of the same treatment. The court below found as a fact, after hearing the evidence, that the confession made by the defendant that he, together with five others, had robbed the eight carabaos, had been made voluntarily and without any promise or hop!'! of reward; this finding of fact was clearly justific>d on the proof addueed in the case. The facts adduced in the case justify the following con- · elusions: First. That the defendant was a member of a band that went out upon the highways al'med with deadly weapons and l'Oamed over the country for the purpose of robbing carabnos and other personal property. Second. That the said band did go out upon the highways and roam over the country armed with deadly weapons and that in the latter part of the month of April or the first part of the month of May, Hl03, robbed eight caraboas of one Segundo Gallego. Under the foregoing facts the eomt below found the defr.ndant guilty of the cl'ime of bandolel'ismo, under section.I of Act Xo. 518 of the Civil Commission. This sentence was justified by the facts adducf'd in the case and the judgment of the court below is hereby alfirmcd and the said defendant is hereby sentenced to be imprisoned for the term of twenty years and to pay the costs of this suit. Arellano, C. J., Torres, McDonough, and :Mapa, JJ., concur. ,/ udgment affi.rmed. [No. 1603. April 15, 1904.] TIIE UNITED ST~1TES, complai11a11t a11d appcllcc, vs. FLAVf..lNO SIME<J'S, dcfe11dant and appellant. 1. CnnnNAL LAW; Fnus·rnATED MunD1m.-In order to Justify a conviction ror the crime or [rustrnted murder the proof must show that the accused bns performed nil nets necessary to cause the death ot a human being under circumstances which would have raised the homicide, Ir consummated, to the degree or murder, and that the talluro to consummate the crime was due to causes Independent of the will or the accused. 2. In.; THREATs.-One who raises a weapon against another as If about to strike with It is gu\lty or a misdemeanor under section 589. paragraph 2 o[ the Penal Code. APPJ<~AJ., from a judgment of the Court of First Instance of l\fonila. The fncts urc stntcd in the opinion of the eourt. F. li'EltREU, for appellant. Solicitor-Genernl A11ANETA, for appellee. :McDoNOUOll, J.: The defendant, Flaviano 8inwon, Wu!> chargi•d with having, on or about Apl'il 10, 190:1, in the city of .Manila, feloniously attempt<'d to uS»!l»»illl\t{' one Bali Kan with a dangerous and deadly wcttpon, to wit, a bolo; and that he was frustrated in the execution of his purpose by being ovel'pownrd by third pnrties. lie was p]n(·cd upon trial April ~8. 1903; wns found guilty, uncl wns sentenced to imprisonment for 11 term of four years and two months. The Jll"OOf in this ('l\se, brielly stnted, shows that Bali Kan was night wnkhmnn nt the rnilrond station in Manila; thnt his dwelling plt1t•c wns WI')' lll'lll' that station; thnt the defendant was seen 18609--2 on several occasions walking near that place with a working bolo in his hand and had been requested by Bali Kun to go away but refused to do so, whereupon Bali Kan pushed thf' ddendant. On the morning in question, while Bali Kan was walking from the station toward his hou,;e, he encountered the defl.'ndant who, while about two yards away, raised his bolo as if about to strike or stab Bali Kan with it. The latter shouted for help and ran away, and immediately thel'eaftcr a detecti\·e of the police depart· ment arrested the defendant. No blow was struck; nor is there proof of threats to kill or to do bodilv harm. A crime is frustrated when the guiity person perforn)s all the acts of execution which should produce the crime as their consequence, but nevertheless do not constitutf' it by rea .. on of causes independent of the will of the perpetrator. (Art. 3, Criminal Code.) In order to constitutP. the crime of assassination, it must be proved that the accused committed the crime with treachery; for a price or reward; by means of flood, fire, or poison; with deliberate premeditation, or with vindiC'livencss, by deliberately nnd inhumanely increasing the sufff'ring of the person attacked. The evidence does not show that any of the!:ie essential elements of the crime of assassination existed. in this case. There is no proof whate\'er from which it may be ewn inferred that the de· fondant intended to kill Bali Kan, much less to show that he intended to do so with deliberate premeditation. The crime committed by the defendant is that providetl for in artide 589 of the Penal Code, for threntt>ning another with weapons; and it is punishable by imprisonment from one to five ch\ys or by a fine of from 15 to 125 pesetas, The judgment of the ·Comt of First Instanc-e is reversed, and judgment is ordered that the defendant be imprisoned for a term of five days. Arellano, C .• J., Torres, Cooper, Mapa, and Johnson, JJ., concur. Judgment reversed. [No. 1625. Aprll 7, 19~4.] Tllb' FXIT/<JD ST.lTEB, compl<tillant and appcllee, vs. EULA.LIO BU\'DOC E1' AI,., defe11da11ts a.1Ul appellants. 1. CRIMIN"AL LAW; BnIGANDAGI!; CO~IPLAINT OR INFORMATION.-An Information for the crime or brigandage which charges the commission of acts of robbery by n band of more than three s.rmcd men In the "mountains, forests, and towns" of 11 province Is not hnd tor falllng to charge that the accused went out on the highway or roamed over tbe ftelds. 2. In. ; Io.; ID.-Where the Information alleges ths.t a hand or brlgnnde devoted ltselt to robbery It ls not necessary to allege that they con· spired for that purpose. Per C'OOPER, J., dissf'nting: 3. In.; I11.; In.-One of the elements of the t'rime ot brigandage Is tbnt the bs.nd of robbers "go out upon the highway or roam over the country" tor tbe purpose of robbery, and an Information which !alls to charge this element of the crime Is fatally defective. APPEAJ., from a judgment of the Coul't of First Instance of Bataan. The facts iue ,;tatcd in the opinion of the court. Tnos. D. AITKEN, for nppellnnts. Solicitor-General ARA:"ETA, for nppellee. WILLARD, J.: The evidence is imflkif'nt to com·ict the appellants of the crime of brigandage. It ii> claimed, however, that the t•omplaint on which they W<"l"e convicted is insufficient and that the judgment must therefore be reversed. The complaint states tha.t"DurinJ! tlw prespnt ycnr, l!IOa. and until the month of .June of the same :-i·enr. nnd in tlw monntnin!i', forests. und towns of this 490 OFFICIAL GAZETTE . ------- -------------provinec, tlw 1wrs011,; ahon• 1ianw1I. with otlu·rs unknown, IN! by the so·callc1I Ocncral Tomas de Uuzman, formed a band of brigand'!, wilh fin•arrns and cutting wrapons, cngagC'(l in rohh<'l'Y and pillage of various arti(•Jrs. causing alarm and tPrror to the inhabitants of this pro\·iuce against thr United Stat<'.<;, and contrary to the law." It is stntrd, as is seen, that th(')'c was a band of more than thrc<' peop](•; llial.. th<'y wpre armed with d<•adly weapons; that dul'ing a part of the year 1903 thry devoted thcm:<elves to rob· bery; and that this same band during the time whrn thC'y were de,·oting themsclYes to robbery were in thl' mountains, forests, and populated part~ of the province. It is said, however, by the dissenting justice, that there is no allegation that they went out on the highway or roamed over the fields. The C'omplaint fairly· shows that the robberies to which the hand dPvotcd its<.>lf were committ<.>d in the mountains, also in tl1e forrsts, and also in the populated parts of the provincc>. In view of the allegations of the complnint, we can not assume that while the band was pass· ing from one of these plact>s to another, as for example from the mountains to the barrios, th<>y did not go by the highways or by the fields and that they stopped committing robberies 'vhen they left the mountains and dici not commence again until they reached the barrios. In view of the fact that the complaint alleges that the band devoted itself to robbery, it was not necessnry to allege that they conspired for that purpose. The complaint is sufficient and the judgment is affirmed, with the costs of this instance against the appellants. Arellano, C. J., Torres, Mapa, McDonough, and Johnson, JJ., Judgment' affirmed. COOPER, J., dissenting: The complaint in this cnse reads as follows: "The defendants, 'vith others unknown, led by the so-cn11ed General Tomas de Guzman, constituted and were in the mountains, forests, and populated parts of this province, in and during the present year 1903 and until the month of June thereof, a bnnd of brigands, with :firearms and weapons of steel; that they devoted themselves to pillage and the robbery of various objects and articles. eausing thf'rcby aln,rm and terror among the inhabitants of this province." Section 1 of Act No. 518, under wl1ich the complaint is drawn, reads as follows: "W11enever three or more persons, conspirinj? together, shall form a band of robbers for the purpose of stealing carabao or other pP.rsonal property. by mean!} of force and '•iolenre and shall go out upon the highway or roam rn•pr the country nrmed \vith deadly weapons for this purpose, they shall be deemed hi1?hway robbers or brigands, nnd ('Yery person enJ?ngt>d in the original formation of the band, or joining it thereafter. shalt, upon con· viC'tion thereof, be punished by death or imprisonment for not less than twenty years. in the discretion of the court." The question pres('nted is whether the romplaint is sufficient to C'lmrg(' the otf('nse of brig-nndnge. All thr essential rPquisites ronstituting the offense of brigand· lll?C' IHI defined in Sf'C'tion I must be alleged in the complaint. ("{Tnitrd Stntf's 1M. FrancfaC'o DPrn<iin, 1 Official Gazette, 730.) Thf' nnalyi:;ii:; of th(' d('finitinn shows the following elf'ments 11s constituting the offense: (I) ThNf' must hf' a <'Onspiring toµ:Pther of three or more per· sons to form a hnnd of rohhrri:; for tll<' purpoi:;(' of stf'nling cnrnbnos or othrr prr1<onal proprrty by mennl'l of for<'P and violence. 12) They must f!O out upon thf' highways or roam OV('r the <'Ountry nrmf'd with dt>ndly w<>npons for this purpose. Tl1r <'omplnint is insnffi<'irnt in thnt it do<.>s not state that th<': drfrnclnnt'I wrnt out. upon tll(' highwfl'I'"<> or roamf'd OYer the c.otm· try armf'<I with deadly weapons for the purposr of committing the offense. The defondnnh may ha\·e constituted a band of brigands in till' mountains and populated plaecs. but fanning a ban•! 110<·-. uot constitute the offcnsf'. They must haw p:one out upon the high· wa:rs, or roamed O\'er the country armed with deaJly w<·apon» for tlw purpose of committing the offense. There is no allegation in the complaint either that tlwy went out upon the highwnys, roamed over the eountry. or that the}' were armed with deadly weapons for the purpose of committing the offense. • The allC!gation that they de"otcd themselYes to pillage and robbery is not a sufficient allegation of this fact. This court has made a distinction between the offenses of robbery and bri9m1dage fo sei;cml decisions recently made: United Stntes rs. Frnneiseo Decusin1 I Official Gazette, i30; United States rs. Snturnino de la. Crnz, I Official GazettE', 664; United Statt>s rs. Usis 1 et al., 25th February, 1904. It has been held in these eases that the offense of robbery may be committed by an armed hand of three or more persons without the offense falling within the definition of brigandage. The case of United States 1:s. Deeusin is based upon the necessity of proving that the bnnd went out upon the highways or roamed over the country armed with deadly weapons. It is stated in the opinion that it can not be nssmned that while the band was passing from one of these places to another, that is, from the mountains and populated parts of the provinee in which they constituted themselves a band, that they did not go by high· ways or by the fields nnd tlmt they stopped committing robberies 'vhen they left the mountains and did not commenee again until thf'y reached thc barrios. The answer to this is that the duty of alleging these facts and the burden of pro"ing them rests l1pon the Government. The wording of the statntf' in defining the offense is plain. There is no reason why the proseeuting officer should substitute his own language. While it is not nbsolnt<'l}' necessary tl111t the ('Xnct words of the statute !<honld alwnvs be followed, vet this is the snfrst course in drafting complaint~ under the law .• [No. 1673. April 8, 1904.] l'ETNONnA ENCAll.Y.!lCIOY, petitio11er, ?JS. HON. R. B. A.UHLER, Judge of the Court of Ffrst In.stance, of iJfanila, respondent. PLEADING ANJ) PaACTlCf:; PROHIBITION; INJUNCTION: Vom JUDICIAL 0RDER.-Tbe writ of prohibition wlll lie to pre\•ent the enfouement by contempt proreedlngs of an Injunction Issued by an Inferior l'OUrt in aid of an order appointing a receiver, when such order ts void because made In excess of jurisdiction. ORIGINAL PRTITION for n writ of prohibition. Thr facts are statrcl in the opinion of the court. :\I. ToRRES, for prtitioncr. :\foonE & H1xsox, for rl'!spondent. COOPER, J.: This is an originnl suit for prohibition brOU,!!ht unclC!r sPetion !ll6 of the Code of CiYil Proeedurc. b~· whi<'l1 thr Rupreme Court is givC'n eonC'urrf'nt jnrisdiC'tion with th!'! Court of First Instnnce over inf('rior tribunals and is brought fl,!!ainst the Hon. B. S. Ambler, jml,!!r of the C'ourt of First Tnst.·rn<'<'. to prohibit him from taking an~· furthpr netion in n rertnin C':u:e now p<>ndinp: in the Court of First Insb.nC'C' f'ntitl<>d R<>rJ!'ia Rryrs r.q. 'fnn·Toneo. It is nllr,!!rcl in tl\(> C'omplnint that thf' plaintiff, in Frbrnnry. 1903, instituted nn nrtion lwfort> Don Pedro Ri<>afort. justi<'<' of thr Jlf'R<'<' of tlw rit.'· of )fnnilri. for thr rrrowry· of thC' pos«r ... sion of <'C'rtnin r<>al C'stnt.(' sitnnt<>d in thr <'ity of ".\fnniln: thnt thP 9th dny of F<>hrunry was fi.xt'd for the> trinl of snicl C'nu~: thnt on 120ff.C:a7. .• SH. OFFICIAL GAZETTE 491 the •lili(I ~th clay of l'chruary, Lefore the sai<l trial was co111111e11ced, ilu, Hon. B. 8. Amhln, judge of the Court of First Jn,,tuncc, i~;;ul'd 1111 order in the cusc of 8ergia Heyes vs. Tan·Tonco, on the application of the reccin!r appointed in said case, prohibiting the said justice of the peace from proceeding furthe1· in the trial of the suit them pending before him and requiring him to suspend all further procectliugs in said action and cited the plaintiff to appear befol'c the Court of First Jnstnncc on the 14th day of F<'hruary to show eall.l:le why the plaintiff and the said justice of the peace should not Uc punished for contempt. It is further allegerl in the complaint that the plaintill' was not a party in said suit of Scrgia Reyes -i:s. Fulgencio Tan-Tonco; lhat the court aclcd in excess of its judsdiction in appointing the receiver in said case, and in making the said Ol'dcr prohibiting the plaintiff. from Jll'Osecuting her action in said justice's court. In the case of Eugenio Bonaplata vs. Byron 8. Ambler ( l Off. Uaz., 60i), which invoked the validity of the appointment of Antonio Torres as l'eceivcr of the estate of Tan·Tonco in the said cause of 8ergia Heyes vs. Fulg<'ncio Tan·Tonco, it was held by this com·t that section Ii4 of the Code of Civil Procedme, under which the appointment of the receiver was made, did not authorize the appointment; that no property l>clonging to Fulgencio Tan-Tonco was the subject of litigation in the case of 8ergia Reyes vs. . 'fan·Tonco; nor did the case fall within either of the other sub· divisions of section li4; that the placing of the property of the defendant in said cause in the hands of the receiver for the purpo;;e, after paying fees and expense of distributing the property among the Cl'editors, was practi<'ally a bankruptcy proceeding; that there are no bankruptcy laws in force in these Islands; that bankruptcy proceedings have been expressly fol'bidden by section 524 of the Code of Pl'Ocedure in Civil Actions until a law shall be enacted; 'and that cons<'quently the Court of First Instance acted in excess of its jurisdiction in appointing Antonio Torres receh'er in said action. We adhere to the views expressed in the decision of this court in the said case of Eugenio Bonaplata vs. Byron S. Ambler. We think the plaintiff is entitled to the relief prayed for in this suit, and in accordance with the prarer contained in the petition, the defendant, the Hon. R. 8. Ambler, judge of the Comt of First Instance, is hC'rC'b)' prohibih•d from lll<lking any further ord(')'S in the said cas<' of ~C'rgi;l Reyes iw. Fulgencio Tan·Tonco, the effect of which will in an;-.• nu11ml'r int(')'fere with the plaintiff in the prmiC"cution of her suit l>cfoJ'<' said justice of the peace or with the Hon. Pct\ro Hicafort nH juHti('(• of the 1waC'e in proceeding to the final determination of sail! C'llHSC' and rntrring a prop<'r judgment. therein. And the defendant is also prohibiied from intNforing with the plaintiff in an,'!' manner in the enforcement of lwr claim by reason of Uw appointml'nt of said Antonio Torres n" rf'cC'h·rr of said C'state in said <'ll1'<' of Rergia R('yC',:; i;.~. l•'ul· !!r1wio Tan-Tonco. 'l'hl' 1•ost of t1w p1·0C'(-'('l\ings iH ndjudgrd ag-ainst th<> clcfrndnnt: Arl'llnno. C .. J., )lnpn, ;\[ellonough, nnd ,Johnson. ,J,J., ('(llJ('Hl". [!'Oo. 1GB8. April 15, Hl04.] 1"/YJ)f,,.1 r 1E f'O .. p<"lilion<'rn, r.~. lll'RO"'' R .1MRLRR, judge of 111<' ('ourl of Fir.~I !nnlunc,· of .l/mrila. rc.~pondcnt. Pu;.-.UINU A:>IU PllACTin:; Ri,:n:tVER: Vom JUDICIAL Onoi,:n; Exc~;ss OF JmmrnH'TION; ~l.\NllAMl'S.-Where the order nppolnting a reeclv(!r Is void bl'nlllsC' nmde In eX<'<'Si< of Jurtsdktlon mandamus will bl' nt tlw lnstn1we of n Judginrnt <"r<'ditor to eompel tbe lssunnl'e of t>Xl'l'Ution ngnlnst propl'rty of lh<' judgment debtor In the hands of tbere1·elversonppoln!<>d, Oll\ClNAL PF.Tl'\'10!\ for n wl'it of 111111ul11mns. 'rlw foets nrl' stat('d in tlw 011inion of thr C'ourt. T11mi. U. AITKEN, for petitioners. :\loom: & ll1xsoN, ft?r re.spondent. ('oui'J:;JI . . /.: Thi,.; is an original suit for mandamus brought. um!t•r ,..t•l·tion :il:> of the Code of Cil'il Proce1lure by the plaintiff:;, Findlay & Cu .• against the Hon. ll. 8. Aml.olt·r. judge of the Coui t of First In· stancl', to compel him to i.-;,,ue an C'Xet·ntion on :l l·rrt:tin jmlg· ment rendered by him as judge of the Court of First. Instance in the city of l\Ianila, in farnr of the plaintiffs, Fin<llny & Co., again->t Fulbrencio Tan·Tonco, on tlu· 2it.h <lay of January. l!JO:l. for tilt' sum of $i,Oi0.19, ~lexicirn c·urrency, with legul inter1•-;l from the da.te of the filing of the complaint in sui<l c11se, und also the cost of suit. This suit is of the same character as that of Eugenio Bonapluta vs. Byron S. Ambler (I Off. Uaz., GOi), decided by this court August 1, 1903. In this case the rnlidity of the appointment of Antonio Torres as recl'iver of the 1•state of Tan Tonco in tlw cause of Sergia. Rey<"s i·s. Tan Tonco was im·ol\"l'd and it wn~ there held that lhe comt in appointing Antonio Torres as rcceh-e1· of the estate of Tnn Tonco acted in exc1•ss of its juristlictio11. The same q111•stion hn,.; also arisen in othl'r cases growing oul of tlu• appointment of rC"cei\"er in the said case of SC'rgia Reyes vs. Tan Tonco, among them the recent case of Encarnacion rs. _-\.m· bier, decided on the 8th day of April, 1!)04. \Ye adhere to the ,·iews expressed in these cnse;;, and, under their authority, a mandamus will be granted . The defendant, the Hon. B. S. Ambler, judge of the Court of First Inst.anc-c, is hereby dircrtcd to make un Ol'dcr directing the C'lerk of the Court of First InstanC"e of the city of Manila to issue an exet·ution in fayor of the plaintilf and against Fulgencio Tan Tonco on said judgment rl'mh•red on the 2ith day of .fnnuaJ"y, 1003, in said Court of First Instance, in said cause of Findlay & Co. vs. Fnlgcncio Tnn Tonco. The cost of the suit is ndjmlged against the defendant. Arellano, C. J., TorrC"s, :Mapa. McDonough, and Johnson, JJ., [No. 1637. April 22, 1904.] 'J'/Jf; UXITRD ST111'/~'S, complainant a11d a.ppellcc, l"R. (},lfU.\"O 1LlI08 BT AL, defendants and appelranfs. CRIMINAL LAW: DntGANDAG~;.-Convictlon ror brlgandnge sustalnl'd. APPE • .\ L from a judgment of the Court of First Instnncc of Manila. The facts are stalC'd in the opinion of the court. M. RoSAt.:RO, for appellants. Solicitor·Ueneral ARANETA, for appellee. ;\lcDoNOUGU, J.: The defendants nnd app<'llants Wl're com·ictetl in the Court of First Instance of bring brigands. un:dC'r Act Xo. ;>IS, in that on l\Inrch Ll, 1903, and for many months prior ;md mun.'· (lays subseqnl'nt thcr1·to, in t\l(' Pro,·inc<'s of Rizal :ind UulnC'an, thry conspired with otlwrs to form a b;mtl of huh·oncs for tlw pnrpo.~l' of stenling carabnos am! otl11'r persom1\ 1n·op(')'t_\' h.'· means of fol'<'l' and violence, and W<'nt out on th<> highways nnd ro,rnwd O\'<'I" th<> rountry nrmed. Tlw C'Vidc1wc was sufficient to justif.\· U1C' 1•01nt hl'lo\\· in fimlinl!' t111' ti<>f1•mlantH p:uilty. Thr jmlg-nwnt j,. thcrl'forl' allirllll'tl. Arl'llnno, C . • f., TorrC's, '1;qm nml .John,.on .1.J .. ronrm» .Jml.qmcnt affirmed. [No. lGGO, l\lard1 28, 1904.l '/'l/R l'.\"ITE/J .<:\'/'.LTf,'.'>::. Mmplai11ant r/l/d apprllrr. r.~. GRR<U>· [{J..I l/F.R/U;;RA. l;'T AI, .. dcf<'11dm1ts mid uppdlanrs. Cltt,11NAI. I.Aw. ILl.EHA!. rh:n:~TION.-"'lwr<' lt npp('nrs th11t lhl' P<'rSon supposed to b11ve been deprived of llbl'rty by thC' ncn1srd wui; 1wr· 492 OFFICIAL GAZETTE milled to leave the place or confinement alone during the time or the alleged detention, there can bll no conviction or the offense of Illegal detention. APPEAL from a ju<lgmrnt of the Court of First Instance of l\lanila. The facts are i:;tntcd in the opinion of the court. Tnos. L. HAllTIOAX, for appellants. Solicitor-General A1tANETA, for appellee. of, or in any way interfering with. the eame, and said receh-er was authorized to operate said business and to collect and reeei,·e all incomes therefrom and all debts due to said Tan-Tonco. The petitioner herein, Tomas Blanco recovered judgment against said Tan-Tonco, April 3, 1903. for the sum of 1,000 pesos, which judgment he alleges, he is unable to collect, and on which he i.i unable to obtain an execution against the proper(\' of said TanTonco, becau~ of the transfer of said property to said receiver under said order, and because of the prohibition in said order Wn.LAnD, ./.: against interfering with said property. The defendants were convicted in the court below of the crime The petitioner contends that the order appointing the receiver of dcln1ci(m ilcgal, committed in the person of a girl 17 years old in said action was void; inasmuch as the court acted without nnmcd Marcelina Arnla1'. · jurisdiction is making thr said appointment, and he therefore Thrre is no douht that thl' girl frrquently went out of the house nsks this court to declare said appointment and said order void, in question, No. 4!) Calle Arrnnque, Manila, both in company of the nnd to ifisue a writ prohihiting the Court below from taking defendant Gr<>gol'ia and alone, between ,July i and 18, the period fmther proceedings under said order. of lwl' alll•gC'd ddention. She was not thrrefore during that time In thr case of Bonaplata vs. Byron S. Ambler, tle(·ided by this d<>priwd of her Jiherty within the meaning of article 481 of the court August I, 1903, and in which a writ of mandamus was Penal Code. granted, commanding said Byl'on S. Ambler, as judge of the This case can not be di.;;tinguished from cases heretofore decided ('ourt of First Instance, to cause an execution to be issued in nn hy this court. ( Cnited States vs. Qnevengco, No. 1208, Augm1t 6, action in favor of the plaintiff and against said Tan-Tonro. tliis uroa; United 8tates vs. Chu Cheng, No. 1112, April 2, 1!)03.) court held that the court acted without nuthorit\· of law in • The judgment is reversed and the defendants acquitted, with appoi'lting a l'eceiver in said action of Reyes again;t Tun-Tonco. costs of hoth in!ltanccs de oficio, and without prejudice to the pre- for the reason stated in the decision of this court, which is . sC'l1tation of a complaint against the defendant Gregoria for cor- reported in 1 Official Gazette. 65i. ruption of minors and a complaint against the dc~cndant Arsenio In cases whel'e the court, having jurisdiction of the suit, as for cstwpro. in the RE"yes case, exceeds its legitim1ite powers, as, for instance, Arellano, C .• J., Torres, Cooper, Mapa, l\IcDonough, and ,Johnson, where it exceeds its powers in appointing a receiver improperly, ,J,J., concur. a writ of prohibition will be granted to arrest furthel' JH'OCe('(lings .htdgincltt reversed. of the tribunal or officer who is ex<'l'cising jmisdiction without authority. [No. 1705. April 22, 1904.) 1'0.lUS /J/_,AXCO, petitioner, vs. HON. Bl'R0).1 8. AMBLER, ju<l!Jc of the Court of First /nstrutce of :Uanilo, and JOSE Jfd//C/([XG, clerk of the Cotirt of J?irst Instance of Jlanila, /'espondents. PLEADING AND PRACTICE; RECEIVER: Vom JUDlCIAL ORDER: Exci;:ss Ob' JURISDICTION: PROHIBITION.-ln cases where a court having jurls· diction of a sull exceeds Its legitimate authority by Improperly lllllJOinting 11 receiver a writ or prohibition will lie granted to arrest (urtber proceedings In pursuance or the void order. ORIGINAL PKflTIOX for n writ of prohibition. The facts Ill'<' stuted in th<> opinion of the comt. F1s11En & HosAno, for petitioner. ).Ioo1tE & IITXON, for respondents. ).lcDo;..:ot.:011, J.: This is a proceeding praying for a writ of prohibition, prohibiting: further proceedings in tlw Court of First Instunce under nn ortlc1· nppointing a l'CC't:iver in the case of 8<'1'giu Reyes vs. Fulgr1l('io Tan-Tonl'o, for the allegPd reason that snid court nm\ judg<' WN<' exercising judicial functions in exress of the jmisdiction of such tribunal and surh judgl.'. It uppP111·s thnt in DecPmlK'r, 1902, Rl'\'gin R":-.·es n·roveJ'('(l 11 judgml'nt in the Court of First Jn,.,ta!l('C' of J\Ianiln in an nrtion for d<>bt nguinst ont> Fulgencio Tan-Tonco, and that on tl1<' 19th of ))('C'{'1llht•r of th·•I ,,.,,.,!' .\•11,··1·,, 'J'orrl's \l'ns nppoinkd J'('el'i\'C'l' in thnt action, of the business of Fulg:Pncio Tnn-Tonco. hi,; rightfl uml credits of whntsoen•r nntnrr or kind, togrther with all his movnhle and immovable propt>l't)" of wlmtSOP\"PI' tl<'fl<'l'iption. book nrc·onnts, eontrnrts, ctr .. nnd snid Tnn·TonC'o was 11•q11ired nml commu111)('(! to df'liv('\' to said re<'l"i\'<'l' all his proprrt)'. Anti it wns th<>rein flll'th1·1· ordNl'd that nil otlwr p1•rso11s ii<', nnd thr snm<' wert', restrnii\{'d and t'njoiuecl c\uring tlw 1wndn1JC')0 of that udion, from intPrfl•ring with or 1Ji..;posi11g of nnr of thr prnp<>1ty of the snit\ 1lef<>ncln11t, or tnkini.r po..,ses..,ion It is hue that the operntion of a writ of prohibition is pre,·entive mther than remedial, but property in the hands of a receiver is in the hands of the court. A receiver is the mere instrument of the court, and what he docs. the comt docs. It is the court, therefore, and not the receiver, which holds, administer;;, aml disposes of the property in his hands, and so long 11s the property remains undisposed of, action b)' the C'ourt is necessary. In such a case, there is judicial action to be arrrstcd, injmy to be prevented, and a writ of prohibition is appropriate for that purposr. The writ runs to the court and operates dil'ectly upon the colll't, but indirectly upon the recei\'er. (8ec cnse of Have· meycr rs. Superior Comt, 84 Cal., p. 389.) In the cnse of York v.~. Superior Court ( 108 Cul., 4:11-438) the J><'tilione1· obtained a judgment, and when he nttrmpted to ha\'e it enforred was told by the sheriff. who had been appointed receiver of the defendant's property in another action, that ht' would not pa:r over to the plnintiff any of the money in his hands, us he held it us rPceiver. Thrreupon. the plnintilf »Ought u writ of prohibition, n•quiring the comt to desist from tnking im:-.· further proceedings under snid appointment of receiver on tlie ground that the court had no jurisclidion to appoint n r<'N~iver in the action. And it hnving h<'f'n determinrd by the 8uprC'lne Comt tlmt the receiver was nppointed without nuthority, the writ of prohibition wus grunttocl. This court lmving held in the case of Reyes i·s. Tun-Tonro, thut the comt below exct'eded its jmisdiction in nppointing n recl'iwr, it follows thut th<' onler mnking .~ueh uppointmcnt wns Yoh! nml therefor{' the restraining C'luuse in said onlt'r forbidding judgment "l'<'Clitors from interforing with sni1l property uml <'llforcing their dnims, was ulso void. .Jml:.rn\{'nt is th<'r<'fore grunted in fn\·or nf the ph1intilf in thi..; Jll'O{'{'{'ding and it is onlPrrd thnt u writ of prohibition j..;suc, rommnnding the clefenclnnts nbsolut{'ly to d<>..;i..;t und n•fr:1in from furthrr Jll'O('f'Nlings in sni1l nC'tion of Reyf's 1'.'l, Tn11-To1wo, uncler ti\{' order appointing sni1I r1•r1•i\0N. .:\rPllnno. C. ,J., Torrt>s, ).lnpa. and ,Johnson. ,J,J., roncur. OFFICIAL GAZETTE 493 [No. 1779. Aprll 22, 1904.J l"/U.\"l'INCO (Jf;'J'l/W/th'Z /iBJ>/DR, pl'litio11er, rs. JOHX 0. SlVBl~'XEl', j1u.lgo of the Cotll"t of First /11stance of the city of Manila, respondent. 1. PLEADING um PRACTICH; CONTEMPT; DILL OF ExcEPTIONS.-MandamuB will not Ile to compel tbe judge ot a trial court to sign a bill of exceptione ror the review by tbe Supreme Court of a judgment In contempt proceedings before final judgment le rendered In the action out of which tbe contempt proceedings grew. 2. Ju.; Ju. ; BAIL BoNn.-The amount of the bond required for Orn suspension of the execution of a judgment In contempt proceedlngB may be ftxed within the discretion of the court Issuing the order ln contempt, nnd should be fixed at a sum sutHclent to protect the aggrieved party trom loss. ORIGINAL PETITION for a writ of mandamus. The facts are stated in the opinion of the court. HAltTIGAN, l\lAltPLE & HOLHl:\'AC, for petitioner. 0. SUTRO, for respondent. ,JoUNSOX, J.: On the 12th day of January, 1!104, an action was commenced in Part Ill of the Comt of First Instance of the city of Manila, between Eleanor Erica .Strnng and Hichard P. Strong, as plaintiffs, and the said Francisco Gutierrez Hepide, as defendant. The action was brought for the purpose of annuling the sale of certain shares of sto(-k, The complaint in said case alleged that the defendant had fraudulently seemed po;;session of certain property of the plaintiffs, and requested that judgment be entered requiring the defendant to return the said prnperty to the plaintiffs. The complaint contained a prayer asking that a receh·er be ap· pointed to bl.kt> eharge of the said shares of stock pending the final decision of the cause. At the time the said complaint was filed the plaintiffs presented a bond with sunieient sureties, in the sum of $8,000, gold, United States currency, that being the amount alleged in the complaint to ha\·e been paid by the defendant for the said shares of stock. On the sume day the court, after being informed of the contents of the said comphiint, made an order appointing the sheriff of the city of :Manila us receiver to take charge of the i-;aid shares of ,;tock, ·and dil'ected the defendant forthwith to turn over and delh·er said shares of stock to said reeeive1·. On the 13th of ,January, l!J04, the court hnving ~en informed from the return of the sheriff thnt the defendant had not com· plied with the said order, and at the requf':>t of the uttorneys for the plaintiff jssued a further order, requiring the said defendant to uppenr before the C'ourt at l l o'clot·k a. m. of the same day, to show cause why he should not be punished for contempt for foiling to obC'y said order. In answer to the order of the court to show cause why he should not be punished for contempt for n failure to comply with the order of tlu.• court the defendunt appearl'd and requested that the hearing be postponed until thC' following morning at 8 o'dock, which requl'st wus granted. On the 14th of January thC' d('fC'ndnnt again appeared and obj<'l'l<'d to being rl'quired to ans\\'(•r the said order, upon the gTOUJHI that no charge of C'OlltC'lnpt had hcl'n made in writing. ns l"C't1uired by SC'C'lion 2:J:l of the ('ode of PrnC'ednre in Civil Actions. Tlw nttonw:i·s for the plaintiffs then requested permis,;ion to file C'hargC's in writing. which Jl<'l'111ission w11s gnmt('(l, nnd eharges in writing wcrC' filed. Tlw C'ourt. tlwn l'nfrr('(\ n furthC'r onlC'r 1·C'quiring tlw dC'fendant to f'.how etrnsc why hC' should not be pnnislwd for C'ontempt of ('Olll"t. The d1•feml11nt tht•n nnnonnc·C'd his rPinlines!I to show l'ause why lw should not \w pnnislH'd for C'OlllPmpl, nml tlu~ Murt thl'n and tlwn· pro1·PC'dC'tl to inn•stigak tlw C'luu·g-(',; of t•ontl'mpt under st•t•tion :.!:lr. of th(' Coli1• of {'i\'il Prot•t•<hlrl', heuring tlw witnt>s!IC'S pn•st'l\tNI hy tlw suid partit•s. Un the 15th day of January, after closing the said innsligution, the court made and entered an order in the cause, finding that the defendant was in contempt of court for failure to obey its order, directing the defendant to forthwith turn over and deliver said shares of stock to the said receiver, and directed the sheriff to take charge of the defendant until he complied with the order. The defendant thereupon excepted to the judgment of the court and gave notice of appeal. The court, aftu hearing counsel, fixed the bond to be given for the suspension of the execution of the judgment in contempt at the sum of $UO,OOO, C'nited States currency. The plaintiff alleged, and the allegation was not denied, that the property withheld by the defendant was worth about $150,000, Mexican cunency. On the 4th day of I~ebruary, 1904, the defendant filed an application with the clerk of the Supreme Court for the writ of mun· damus, in which he was plaintiff and the Hon. John l'. Sweeney, judge of thP Court of First Instance, was the defendant, which application prayed that a. wl'it of mandamus issue, commanding John C. Sweeney, judb>"C of the Court of First Instunce of the city of .Manila, to sign, settle, and allow the bill of exceptions now in his hands, and of which ExRibit A of that complaint was a copy, and that in the meantime the said defendant be restrained and enjoined from committing or permitting the plaintiff to be committed to Hilibid prison until said bill of exceptions be settled and presented to this court, so that the plaintiff may thereupon ask of this court thut he be admitted to bail, and to give o. bail bond in a reusonable sum, in order to supersede and sustain the operation of the said judgment of the said court, and that the plaintilT have such other remedy n.s may be proper and agreeable to the due administration of justice, and that he may recover his costs herein against the said defendant. On the sume day application for mandamus was presented to Charles A. Willard, associate justice of the Supreme court, and after reading the same, he, as such associate justice, grunted that part of the prayer of the petition which requested that the de· fendant be restrained and enjoined from committing or permitting the plaintiff to be eommitted to Bilibid Prison, upon condition that the said plaintiff give a bond in the sum of $500, gold. On the same day the plaintiff presented a bond in the swn of $500, cunency of the United States, with Eduardo Gutierrez Repide and Gustave L. Solignac as sureties. Justiee \Villard approved the said bond, and the injunction issued. On the 5th day of Febrnary, 1904, under the pmctice followed in the Supreme Court in such cases, un order was issued and served upon the defendant on the same day, requiring him to uppear and answer the said applicution for mand1mms, On the 8th day of February, 1004, the defendant in the mandamus proceedings filed his answer in the said cause. On the 30th day of Jamrnry, 1904, the defendant in the original muse presented to the judge of the Court of First Instance of the city of l\laniln, defendant in this cause, ii bill of exceptions eo\•ering errOl"s complained of growing out of the proceedings in C'ontempt. Sub,;equently. to wit, on the 4th day of February. 190.&, the judgC', defendant herein, rC'fused to sign said bill of ex<'Pptions on the ground that thP pluintiff wus not C'ntitled to ha,·e n bill of exceptions liCttled until the rendition of a judgm('nt upon the merits of the action in the snid suit to set usidc th(' alleged frnudulcnt sale of stock. The issues presented hr tlw appliC'ation for mandamus and the unswer of th<' c!Pfendnnt wNe urgued before this court on the 15th day of Fl·brunr:i·. l!.10-1. At thl' time of the urgumcnt the plnintilf rt•qtwst1•1l, nmong otlwr t11ings. pl•rmis!!ion tu 11111end tlw prn:i·er C'ontai1wd in his originul npplicntion h:i· sub;;tituting tlw following prnyt>r, whiC'h was granted; ··P1•titionn tlwn•fore pmys tlmt n writ issue tlireC'ting the re· 494 OFFICIAL GAZETTE r;pon<lcnt to approve nnd sign the bill of exceptions now in bis ance of a person charged with contempt to appcnr upon a day hands, a copy of which is hereunto attached, marked 'Exhibit A,' named. It also expn•ssly J>TO\'ides that if an action be brought and to let 1ictitioncr to bail in the said contempt proceedings, and upon the bond '·the measul"e of damages -'<lmll be the extent of the to accept from a bond, with sureties to the 1:mtisfaction of the loss or injury sustained h)' the aggrieved party by reason of the court, in a sum not to exceed five thousand dollars, Cnited 8tates nUsconduct for which the contempt was prosecuted nnd the costi. of currcncy,-and that in the meantime respondent be restrained and the proceeding, and such recovery shall be for the benefit of the enjoined from committing the petitioner to Bilibid Prison, or party injured." permitting liim to be so committed until further orders from this The condition of the bond fixed by section 240 is that '·he will court, and that petitioner be granted such other and further relief abide and perform the order or judgment." The or<l.cr or judg· m1 may !Jc proper and agreeable to the due administration of jus· nl('nt in tlw present camw was that the defendant (in the eausl' tice, nnd that he may recover his costs herein against respondent." l.1elow) turn over to the plaintiff (in the cause below) certniu The plea<l.ing,; in this ease raise two questions for the consider· stock alleged to be worth $150,000, Mexican cuncncy, more or less. ation of this court: · It would appear, then, that the bond to be accepted in this present First. Whether the defendant, plaintiff herein, is entitled to have cause should be that the dPfcndant should turn ove1· to the plain· n bill of exceptions in the contempt proceedings signed by the tiff the s]iares of stock in question, or pay to the plaintiff their trial judge and brought to this eomt before final judgment is value. It is clear, therefore, that this bond is not required, prircndcrcd in the action out of which the contempt proceedings grew. nmrily, for the appearance of the defendant. Second. \\'hethcr or not the amount of the bond provided for Section 238 provides for the giving of a bond to enforce the for the suspension of 1..hc execution of a judgment in a contempt nppparance of the defendant, and yet that section provides thnt the proceedings cnn be fixed within the discretion of the court i!';suing measure of damages in an action upon said bontl shall be the ext.he order in contempt, and incidentally, whether or not the amount tent of the loss or injury sustained by the party by reason of the of the bond should be fixetl at a sum which would insure the ap· misconduct for which the contempt was prosecuted, and the cost pearnnce of the defendant, or whether the amount should be lixccl of the proceedings. Then if the statute provides that the damages nt a sum equal to the value of the property which the defendant in an action upon a bond for appearance simply shall be measurer! refused to turn over. by the loss or injury sustained, certainly a bond conditioned that Hection 240 of the Code of Procedure in .C..'h•il Actions provides if a final judgment be rendered against the defendant he will abide that: and perform the order or judgment, should be sufficiently large "The judgment and orders of a Court of First. Instance, made to cover the losses which the plaintiff would suffer in case he failed in cases of contempt,except in cases arising under section 231,may to comply with the conditions of said bond. . be reviewed \Jy the Supreme Court; but execution of the judgment We arc of the opinion, therefore, nnd so hold: and order:s shall not be suspended until there is filed by the person First. That the judge below has authority to fix the nmount of in cofltcmpt, in the court rendering the judgment, or making the the bond; and order, an obli1:,'lition with sureties to the acceptance of the judge, Second. That the amount of the bond should be sufficient to proin an amount to be by him fixed, and conditioned that if judgment tect the plaintiff from loss. be against him, he will abide and perform the order 01· judgment. Jn Yicw of the foregoing considcrntions, we hereby hold that But such review shall be had only after final judgment in the this court has no jmisdiction to consider the bill of exceptions in act.ion in tlw Court of First Instance, and when the cause has re- the contempt case here presented until after final judgment in the gularly passed to the Supreme Comt by bill of except.ions, as in action in the court below and until the cause has regularly passed this act provided." to this court by a bill of C'Xccption.'l. It will be noted that this section providPs that all orders of n The application for mandamus to compel the dPfrndant herein Court of First Instance made in cases of contempt, except those to sign the> bill of l'.\.c(•ptions accompanying the >'aid applic .. ttinn arising under section 231, may be re\"iewed by the Nupreme Court, 1s hereby denied, and inasmuch 1\:s the statutP pro\"ides that the This hmguagc would indicate that the party puni:shed for contempt judge below shall fix the amount of the bond in such c;1scs \\e might bl"ing that cnuse to the Supreme Court at once for review. hereby refuse to dirPct the court bf"low to acet•pt u bond in an llut the last srnlcnce of said section pro\'idl'S that :such rcYil'W amount not exceeding $;),000 gold. And it i:s so ordered. shall be had only after final judgment in the action in the Court Arellano, C. J., Torres, )lap1t, )[cDonough, and Coo1wr, J,J., of Fil"st Instance, and when the C!tUSC has regularly passed to the Supreme Court by bill of exceptions, as in this act provided. Jn accordance with tlw provisions of this section we are of the opinion that the application for ti mandamus to compel the judge 1..o sign the bill of exceptions in the contempt case before fowl judgment in the principal cause must be denied. 1t will bt> noted that !Wet.ion :,!.J,O pro,·ides for the suspt•nsion of tht• ex(•cutil'n of the jmlguwnt. in the· eontt•mpt proc<'t'(lings by gi\'ing a homl. It. furthl'I" pro\"idt•s thnt tlw bond must be pn" s{'l\l<'ll, ,,·ilh s1U"cli1•s, tu tlu· acrt>ptunce> of tlw jutlgt·, aud lhnt tlw jml1.w shall lix lhe amount of •mi1I howl. Tlw said st>C'tion furtlwr pnn·id(•s tlmt tht• ho11tl shall pnffid(• that lhl• lwrson in l'011t.1•mpt slmll nbitlt• hy nnd pl'l"fonn dw onh•r or jwlgnwut. Section :,!;ls of th!.' snml' Cmlr pro,·idl.'s: "lf the part)· l"l•lt>nsNI on lmil foil to ap1wur u1mn thl' dny namrd tlw court may issue :mother order of 11rn•st, or may order the obligation for his app<'111·1111ce- to be prosrcutNI. or both; and, if the obli!-'nt.ion bl' prosl'cutl.'d, til(' nwasurt• of dn11u\g(•s slmll he tht• exh•nt of th<' loss or injury snstnined by tin· u~grir\'('d pnrty h;-.· rl'ason of \ht• miscornlnct for whid1 th1• rontempt wns prosecuted and the l'osts of llll" 111·ocrclling;;, and s1wh l't'C'O\.l'I'.\' shnll he for tlw b1·1wlit of !ht• pnrty injurrd." This :wction clearl;r providl's for n bond to 1•nforcr thr- nttl'nd· [No. 1853. April lG. 1904.) 1'llfJ U.\'17'BIJ STA'l'HN, complui1wnt aud appclla11t, vs .. JUI/.\" />. J/ILLHll, defrndan! ai1d "J'pellce. COURT OF Ct;S'l"OMS APl'1':ALS; APPf;AL FROM JuoGMF.NT OF ACQUITTAL.No appeal cao be taken by the Government from a Judgment of acquittal rendered by the Court of Customs Appeals. APPEAL from a jutlgment of acquittnl of the Court of Customi:-t Appeals. The facts arc statt•1l in tlw opinion of th<' court. Holicitor-Gencrnl AttA:\'l::TA, for appellant. MoollE & HIXSON. for nppcllce. :i.\fcDo:\'OUGll, ,/.: The defendant, John P. :i.\lilll'l", w:1s nccn,;;ed, in th<' rourt of Customs Appl'tl\.'l with hnving on or nhont the 8lh tla;-.· of September, mo;~, nt tht• city of M11nil11. l'. !., eonspirrd with one \\'. D. Bnllr-nti1w atHI othC'rs for the purpusC' of uttning nnll publishing a fols<' nm! fraudulent ChinPse certifiratc of permission nntl i1lt•ntifil'alinn. \\ilh inlt'nt to tlt'("l'in· and ll1•fraud the Gm·· ('rmncnt of tlw l'nitl'tl Stafrs nnd of !hr Philippine l>'lnmls, nnd OFFICIAL GAZETTE 495 to .~rcur<' ;ulmi.~sion into ttw l'hilippin<• (Hlamb of a ChineM' pnson not c>ntitled hy law to <'lll<'r the same. The defendant wa<> tried in that court ancl was acquitted. 'flw Governm<·nt appcalccl to this court from the judgment of acquittal. The defendant made a motion to dismiss this appeal on the ground that an appral docs not lie from a judgment of acquittal hy the Court of Customs Appeal!~. By 1<ection 18 of Act Xo. 1:rn it is provided that the Supreme Court f-lhall have appt>llate jurisdiction of all actions and special proceedings brought to it from Courts of First Instance, and from other tribu.nals, from whose judgment the law shall specially provide appeals to the Supreme Court. Srction 290 of Act No. 355, before it was amended by Act No. 864, provided that no appeal could be taken from the decision of a Collcctol' of Customs· imposing a fine or penalty * * • · rxcept in cases where the amount of the fine or penalty exceeded $500, in which case an appeal could he taken to the Court of Customs AppN1ls. 8cction 291 of Act No. 355 providr-s that whcne\'er the penalty of imprisonment is imposed for violation of the terms of the acl, it shall be the dutv of the AttorneY-Gt>neral to institute in proper cases before the 'court of Custom~ Appeals proceedings in the ordinary form of criminnl prosecutions for the con"iction of the person charged, and that court shall have the power to tr~· and detl'rmine the question of the guilt or innocence of the defendant and impose sentence, and its decision .~ltall be finar. So that prior to the passage of Act No. 864, there could be no nppeal from decisions of the Court of 'customs Appeals to this court. By section 4 of this latter act, amending i'iection 290 of Act Xo. 355, it is prnvided that from a judgm<'nt of the Court of f'ustoms Apj>eals, in criminal causes, there shall ))(> right of nppral to the RnprC'me Court in C'Very cas<' in which the penalty of imprisonment 01; a fine exceeding 600 Philippine pesos, cxclusfre of costs, is adjudged against the defendant. "In all other criminal casr-s, including those in which imprison· mC'nt is ndjudged, in default of payment of a fine, the judgment of the Court of Customs App<•nls shall be final." The cnse at bnr comes within the terms of this last paragraph of the section. The dPfPntlnnt was acquitted nnd thrre nppP..ars to be no provision of lnw authorizing the Government to appeal from a judgment of acquittnl. Tf thl' lcgislntors intendC'd to give nuthority to tnkr- an appenl from a judgn\('nt of acquittal. it would ha\'e bt>Pn an ensy matter to so statC'. On the contrary they express!~, provided that in imrh cas<> "thr judgment of the Court of Customs Appeals is finnl." The l'ight to appeal is purPly 11 statutory right; and a party who brings 11n nction does not, by such net, ncquire a \'ested right to a decision from a particular tribunnl. (Elliot's Appellate Proredure, sec. 15; Ex Partc MrCnrdle. 7 Wallnce {U. S.), 506; PnttC'rson vs. Philbrook, 9 Mn.c;s., 151.) Th<' law-making body may rcgullltc tlw entire system of np1wllate proredurc. Thf' ITIC'thod l'C'qnired by this body is C'Xrlnsiw, and rourts can not disrC'gnrd it or substitute therefor tlwir own rules of procedure. From thC' fnct that th<' Commission providC'd for the right of npprnl from jnclgmC'nts of imprisonment. or wl1ere a fine f'XC'eC'ding GOO prso" wns imposC'd, it is to ])(' inferred thnt the intention wns to dC'n~· the right of npprnl in nil otlwr cns<>S, <'Yell if thnt fnrt W<'l'I' nnt so exprr-ssly statrd in the nrt. as it is here. (Dnron"sran rs. F. R .. 6 Crnn<'lt .. 312.) As tlw jmlgmC'nt of n<'quittnl in t11is rnse is not nppC'l\lnhle. the motion to dismiss thC' uppC'al is grnntrd. \n•llnnn. f' .. T., Tnrn•s. Mnpn. nnd ,Johnson, ,J,J., conCnr. f'no1wr, .T .. wns nhsl'nt wlwn the dr-C'ision wns signed. A flprar dismissed. OPINION OF THE ATTOUNEY-UEXEUAL. Pilling raca11cics in the posifion.<: of 1111111i,.ipul prrsidf'11t and i;ice-preside11t. MANILA, P. I.. Jla!J 18, lf!O.t. Sm: In an,,;w('r to the qil<';;tions rnised hcn•in in regard to the filling of the offices of president and vh'<'-pr1•,;idr11t of a municipality, where both officers have been susprmled and afterwards both removed. or. the office of presi<h·nt. pending the final action to be taken in the case of the vice-president. wherC' both the municipal president and municipal vice-pre,'ii<IC'nt hn,·e be<>n suspended and said president aflerwuds remond, l ha,·e the honor to state: Section 39 of the Municipal Code provides as follows: "The municipal council shnll: (b) Fill a permanent \'acam•\' in tlw ot!jcc of Yic<•-prt•sidPnt 01· of councilor, from amon;: pt•}',;01;s having the necessary qualifications, by a majority ,·otc of all its members. A person thus substituted as vice-presid<>nl or councilor shall serve only for the unexpired term for which his predecessor was elected and until hi-; succr-ssor shall Jrn,·c bC'en ehosen and qualified." Said section is amended by Act ~o. 303. se<'tion 1 (9), as follows: "By addili.g at the rlose of pnra~raph (b) of section thirty-nine the following words: 'The prO\·ineial governor. with the ad\·ice and consent of the provincial board, shall fill temporary vacanciC's in the offices of \•icc·presidcnt, municipal treasurer, or municipal councilor, and wlwne\·er a pT<'side11t, vi.ecpresidPnt, or councilor is suspended shall appoint some person to discharge his duties until he is reinstated or until he is remo\'ed and the \'acancy thus occasioned is filled.'" Seetion 19 of said Code is as follows: "The vice-president shall: (a) Act as substitute for the president in cnsc of thr- absence of thC' latter or of his temporary inability to discharge the duties of his office. {b) In case of a permanent vacancy in the office of president, he shall fill the post for the unC'xpircd portion of the term; and a new Yice-prPsidcnt sh1tll he electC'd b~· a majority \'Ole of nil the members of the council, as provided in section thirty-nine, subsrction (b)." It is thus seen that in the case of a permanent vacancy in the office of president and vice-president tht> council. under section 39 (b), above quoted, shnll appoint a vicr--president who is authorized to act ns president during the \lllC'Xpircd portion of the term of said president (section 19 ( b) supra). Where the president lms hr-en removed and the vice-president is suspended the vice-president, t<>mporarily appointed by the pro· vincinl g"O\'ernor \Yitl1 th<' adviC'e nnd consent of the provincial board, M pro,·ided hy amC'ndment to sretion 39 (b), abO\'e quoted, shall net as prr-sident until final action is taken in case of the ,·ier--president. GREGORIO ARANETA, A .. ctin.fJ AttoT11ey-General. The EXECUTIVE SECRETARY OF TnE PIULIPPINE ISLANDS, Manila, P. I. BUIOJAU OF CUSTOMS AND IMMIGRATION. Cl'STOlfi'l AO)fIXI.!'lTRATI\'F. CIRCULARS. :S-o. 315.-ProfcMs not fikrl lf'if11in fimc prr.9ci-ibcd by Tait' cu11 not be entertai11<"d f Resolufin11 of the Plrilippinc Commfa.~i011.) MANILA, .lfay 1.'i. Jf!()~. To oU CoHcctor.~ of Cu.~fom.<:: PAltAGIUPTI T. The following rC'snlntion of thr Philippine Commission of April 30, 190-1, i;:;. hnrh~· published for the inform1ttion and guidaneC' of 111! roncernrd: "CommissionC'r Id<> presented n rommunieation from C. Fressel 496 OFFICIAL GAZETTE & Co., importers, Manila, which bore an indor!!enwnt from the Rccretary of Finance and Justicr, as follows: "'C. Fressel & Company claim a refund of $2i.i5, United States c·urrmll'y, under Entry A 4!l60. Customs duties paid on the 14th day of August, HJ02. They protested against the payment, and their protest bore date of the 12th day of August, ID02; but the Customs authority certified that, in point of fact, the protest was not filed until the 20th day of August, 1902. The Auditor refused to certify that amount, or any other amount, ns due the importer, notwithstanding the protest was sustained, on the ground that section 286 of the Customs Administratiw Act provides that the protei1t mu!lt be filed. within two days after payment, and that the importer hnd forfeited his right to a refund which might have been due on account of the improper classification of his merchan· dise. There is no relief for the importer, unless the Commission shall make provision for the refund by legislation; but in this ease the importer had notice of the liquidation of the duty on August 14, but failed to file protest until August 20, but dated ba<'k the protest to the 12th day of August, apparently for the purpose of aYoiding the effect of the proYision of law above referred to. "'In the opinion of this office, legislation ought not to be made to relieve the importer from the effect of his own negligence. It is recommended that no further action be taken in the premises, and that the applicants and the Collector of Customs be informed of these conclusions, if concurred in by the Commission.' l.'After consideration by the Commission, on motion, it was "Resolved That the Commission concur in the opinions of the Secretary of Finance and Justice above set forth, and that the applicants and thf' Collector of Customs be so informed." PAR. JI. Philippine Customs officers will give due publicity to the terms of this Circular. H. B. :McCoy, Actiflg Collector of Customs fo1· the Philippine Islands. No. 316.-Closing the ports of Botolan, Zam.bales Province; ,lfa.gallanes, Bib11.yan Island; Malabang a11d Polloc, Mindanao Island, to the coasticise trade. MANILA, May 11,, 1901,. To all Collectors of Custom.<i: By authority of the Ci\'il Go\'crnor of the Philippine Islands, the ports of Botolan, Zam hales Province; Magallanes, Island of Sibuyim; and Mala bang and Polloc, faland of Mindanao, are hereby declared closed to the coastwise trade .. H.B. McCoy, Acl.fo,q Collector of Customs for the Philippine lsland.s. No. 311.-Closing the port of Cabangan, za,,nbales Province, to the coastwisc trade. MANILA, May 16, 190.t. BJ' authority of the Civil Governor of the Philippine Islands, the port of Cabangan, Znmbnleii ProvineP, is hereby declared closed to the coastwisc trnde. H. B. McCoy, Acting Collector of Customs for the Phili1)pine lsla11ds. Ko. !H8.-l'ublisllillg Act "!l'o. llMI of Ow Phili7>pine Commis,~ion, so a.mending the C11stom.'I Admiuil!tn1tirr .-lrt, Xo .. 'l:j:), ns to mtl1rorizc the Cfoil Goi:enior to sci apm·t ccrtai11 portiot1s of tlie wha.rf, landing place, sf1"Cet, or other public grotmd adjacPnt to the seashore a11d c1istom-housc i11 any mmiicipa.lity fm· customs pm·poS(W, and to place the 8ame w1dN' the j11risdictioJ1. of the Oollr.ctor of Cttsfoms. MANILA, Jlay 19, J!JO.t. 7'o all ('o/lcctors of C11stoms: . PAllAORAl'II I. The following Act, No. 1149, of the Philippine Commission, is hereby published for the information and guidance of all concerned: "[Ko. 114!1.] "AN ACT A:\IE:\'DING THE CUST0:\18 • .\D:\IIXI~TR • .\TIYE ACT, ~U:MBERED THREE HCXDHED AXD FIFTY-FIVE, SO A8 TO AUTHORIZE THE CIVIL UOVERXOR TO ~ET APART CERTAIK PORTIOXI-' 01•' THE \\"HARF, LAXDING PLACE, STREET, OR OTHER Pl'BLIC rmocxn ADJACEXT TO THE RE..\SHORE ..\SD CCSTO:\I-HOl'SE IN A~Y MUNICIPALITY FOR CUSTO~I8 PCRP08ES, AND TO PLACE THE SAME UNDER THE JCRISDICTlON OF THE COLLECTOR OF CUSTO~IS. "By a.uthority of the United States, be ft euacted by Ike /'hilippi11e Commission, that: "SECTIO~ I. Section twenty·six of th<' Customs Administrntive Act, Numbered Three hundred and fifty·fi\"e. is hereby amended by inserting at the end of said section the following: 'Prodded, however, That whenever, in the opinion of the Ch·il Governor, any pnhlic wharf, lnnding place, street, or land is neC'essury or desirable in loading and unloading ships, or for any proper customs purpose at any port of <'ntry, he is hereby given power and authority, hr executive order, to declare that such wharf, landing place, street, or land shall be under the exclnsin control and jurisdiction of the Collector of Customs or other customs official at such port of entry; but the exercise of sueh jurisdiction shall in no wise affect the gcn<'rnl police powers of the munici· pality in which said wharf, landing place, street, or land is situated. After the issuance by the Civil Governor of an executi\·e order setting apart such wharf, landing place, street, or land as above specified for customs purposes, all the provisions of this section shall apply thereto.' "SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby C'Xpedited in arcord1mce with section two of 'An Act prescribing the order of procedure by the Commission in the enactment of laws.' passrcl September twenty-sixth, nineteen hundred. ';SEC. 3. This Act shall take effect on its passage. "Enacted, May IO, 1904.'' PAR. II. Philippine customs officer1; shall give due publicity to the terms of this Circular. H. B. McCoy, .•lcting Collec/01· of C11stom,q for Ille Philippine Islands. No. 319.-Publisliitig Idler from the A11dilor for tlte Philippine Islands in- regard to method of taking up receipts. :MANILA, May 23, 1901,. To all Collector,~ of Customs: PARAGRAPH I. The following letter r<'ceived from the Auditor for the Philippine Islands is hereby published for your information nnd guidance: "MAY 13, 1904. "To the ACTING COLLECTOR OF CUSTOMS, .lfan.ila. "Sm: I ha\'e the honor to invite attention to ('ertain erroneous m<'thods of taking up reCf'ipts on ~-our nccount;;-eUJT<>nt nml to respective!~· request thnt if such items ag-ain orcur th('y may he accountf'd for ns now indicated: "Fines rolleetf'd from nny sour{'(>, throug-h the rourts or otherwiSC', should br- taken up on thE" nhstrnd of finf'S nnd pf'nnltics, not among 'Mi,,.('elln11('011;, fre;;.' Amonntfl of monf'y remaining- in the hands of customs offieials. nnd not definitf'ly ll('('Oltntf'd for, "-ll('h ns o\"er C'har_gC" in thf' hn111l!< of the C"nshiE"r, E"tc., should he taken up on J'Our account-current of '),[isr<'llnnC'ons eollrctions,' not as "]IJiscellancons fe<>s' on your reg-ulnr aceonntOFFICIAL GAZETTE 497 current. An,y amounts not explicitly provided for on :rour account current should be taken up as collections of ')liscellancous revenues,' not as 'l\lii,c,-cllaneou<; fees.' The line on tlic accountcunent for ')Jiscellaneous fees' is not intended to cover anything except revenues from fees collected und!?r sections 392 and 393 of Act 355. "Respectfully, "A. L. J~AWSllE, Auditor," PAR. II. Philippine customs olficers will give due publicity to the terms of this cireulnr. H. B. l!cCoY, .-lcti119 Collector of Customs for the Philippine Island$. No. 320.-l'ublishing Act .Yo. 1160 of the Philippine Commissio1i, aittlwrizing the Collector of Customs far the Philippine Islands to cleUJ' foreign vessels for the port of /sabela de /Jasilan. :MA:\'ILA, ,1/ay 2.), }!)().~. To all Collectors of Customs: PARAGRAPH 1. The following Act, No. 1160 of the Philippine Commission, is hereby published for the information and guidlmce of all concerned: "LXo. 1160.J "A:N ACT .AL'THORIZl:N'G THE COLLECTOR OF CL'STO:\IS FOR THE PHll.IPPIXE ISL.ANDS TO CLEAR FOREIG~ VEHSELS FOR THE PORT OF ISABELA DE BASILA~. "/Jy authol'it.v of the United States, be it enacted by the Pliilippi11e Commisslon, t11at: "8Et'TIO:s' l. Th<' Collector of Customs for the Philippine Islands is he1·eby authorized to cl1•;1r foreign vessels for the port of babela de Rasilan, Island of Ba&ilan, under such conditions and regulations as he may impose: 1'1·ovicled, That all expense incident to the entrance of a foreij.,'ll Yessel into the port of Isabela shall be a charge ngninst such vesst'l, and shall be collected before the vessel is granted a foreign clearance. "8Ec. 2. The public good !'<'quiring the speedy enactment of this bill, the passage of the sume is hereby expedited in nccordnncP with section two of 'An .Act prescribing the ordPr of procedure by tlw Commission in Uw enactnwnt of laws,' passed 8('ptPmber twl'ntysixth. ninetPl'n humlrt>d. ''REc. 3. This Act shall take effect on its passage. ··Enncted, l\Iuy 19, 1904." PAH. JI. ForcigQ. \'essels shall not be cleared tQ..-the port of Isa· brla de Bnsilnn C'Xcept by the Collector of Customs at the portii of Jolo or Zambonnga, l'cspectil'ely, who, in making such clenrunct>, will he guided by the special instructions received from this olfice, under dnte of .Mny 24, 1!104. PAR. 111. Philippine customs officers will give due publicity to tlw terms of this circular. H. B. .MCCOY, . lcti119 Colleetor of Custom.~ for the Philippine Islands. SPECIAL NOTICE. 8pecial notice is called to an error which appears in the S}'llabus to tlw cnse of United States tis. G11rdner, published in t.he <:11zl'tte for .June I, 1904, at pi1ge 425. The second pnragrnph of thi:-1 s~·l\nbns is not 11, pnrt of the dissenting opinion of 1.IcDonouµh, J ., hut b<'lonA"s to the opinion of the majority of the C'onrt us d<'li\'t'red by To1Tl'S, .]. The words "Pt'I' )lcDonouA"h, ,/., 1liss<'nting-:" shou!tl lul\'c been plnccd nt the close of the second Jllll'llg'l"llJlh. 18H09--3 0 Contents. Public laws: No. 1166, providing for a loan of 8,800, Pblllpplne currency, to Batangas Province, for bettering tbe police forces of Santo Tomas, Tanauan, and Lipa. No. 1167, making appropriations tor the city ot Manila for the fl.seal year 1904. General order, War Department: Reducing tbe areas of the military reservations at mouth of Manila Bay. Executive order: No. 28, applying tbe provisions of section 4 ot Act No. 781 to tbe Constabulary of Batangas. Decisions or tbe Supreme Court: Opln Tbe United States vs. Cornelio Devela et al. The UnitE<d States vs. David Tomulac. The Unltell States vs. Lorenzo Albano. Tbe United States va. Pedro de la Pata et al. Tbe United States va. Tomas de Guzman. The United States va. Esteban Viray . The United States vs. Felipe Navarro. The United States va. Maximo Dalawan. Tbe United States vs. Apolonlo Natividad. The United States vs. Flavlano Simeon. The United States vs. Eulallo Dundoc et al. Petronila Encarnacion vs. Hon. B. S. Ambler. Flndl'ilY and Company 1'S. Byron S. Ambler. The United States vs. Gabino Amos et al. The United States vs. Gregoria Herrera et al. Tomas president. Bureau of Customs and Immigration: Customs Administrative CircularsNo. 315, protest not filed within time prescribed by law can not be entertained (resolution of tbe Pblllpplne Commission). No. 316, closing the ports of Botolan, Zambales Province; Magallanes, Sibuyan Island; Malabang and Polloc, Mindanao Island, to tbe coastwlse trade. No. 317, closing the port of Cabangan, Zambales Province, to the coastwlse trade. N 1lty for customs purposes, and to place the same under the jurisdiction or the Collector of Customs. No. 319, publishing letter from the Auditor for the Philippine Islands in rego.rd to method of taking up receipts. No. 320, publishing Act No. 1160 of the Phlllpplne Commission, authorizing the Collector of Customs for the Pb\lipplne Islands to clear foreign vessels tor the port of Isabela de Basllan. Special notice: Defect In the syllabus of tbe case of the United States vs. Gardner, publlsbed tn tbe Gazette June 1, 1904. SCHOOL DIVISIONS AND SUPEIUNTENDENTS. ~o. Division. superintendent. I Headqnnrtcrs. ~lnniln --------------------- G. A. O'Reilly-------------- lhtniltt. i~I~!:t~'.mf:~E=~~~~~~~~ ~ l ~::::_===~~~~=illiJ,~~= ii~~~:'."' ------------- Tuguegarao. ----------- Cnplz. ------- Cnvlte. 10 Cebu----------------------- ------- Cebu. 11 Ilocos Norte---------------- . ------- Laong. 121 llorossurnnd AbrO.-----~-- W P. S. Vigan. !I 1 ~l~~~~~~~~~~}jf ~~~~~~=~~~i r~~·~'.t&~~~~~i:)~~ ¥flf.f£.~ndo. acting). IS Snmnr ---------------------- H. s. Townsend------------ Cati»llogan. 19 :m"llmi~ -------------·------ Guy Van Schnick ___________ CagRyan. 20 ~ue,·n Edjn ________________ T. W. Thomwn _____________ San Isidro. i1 ~~;id~;;~~i'~';;;rro;:::::::::: b·1i~·s~~1.e~~~a-m-:::::::::::1 ::~iI~a~ng. 23 Oriental Negros _____________ S. T. Lee {W. S. Dnkin, I D111nnguetc . acting). l'arupnngnand Bataan _____ W.A.Preultt(J.M.Gnmbill, San Fernando. acting). il EJ!~;~~R=~~~~~~~~~~~~~~~~~~ ~~ ~·~ ~¥~;~~~~~~~~~~~~~~~~ ~\~~1;~.· : Tarlac ---------------------- (\"1ll'nnt) A.\'. Dnlrymplc, I Tarlac. fl ~~t~.:~~~},!~--~:=-_·=;1 ~~!~~~1;~:i :~~'.~-=-:-1 f ~~:~. I l;h!l!PP!ne ~tmlicnl •. ~C'hnoL ~· J: ('olbe~t. ncting _______ I l.hmllR. I lnhppm~· i\orn111J "'chooL_ h. \\. Bcatne_______________ Do. l'l~~~~i;:1';'1~~~hool of Arts : ll. I'. Gleasou ________ ~------ Do. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., JCNE 22, 1904. No. 25 PUBLIC l,A WS. [:\o. I l()8.] A~ ACT EXTEXJJIX(i nm TL\rn FOR THE P.\ \').IEXT OF THE LAND AXD ('EDl'LA TAXES I:\ THE PRO\"IXCE OF ORIF.XT.\J, x1mnos FOH THE YEAR N'IN'ETEEN Ht:NDRED AND FOl'H l'XTJL Al'<;t'ST TllIRTY-1<,IRST, :\l'SETEE:\ m;xnmm .\XD J<'Ol'H. ll,11 rw/lrorily of llw Vnilrd Siu/<'.\', lw it en11ctrrl liy lhr l'ltifippi1w ('ommissiou, llH1/: SECTIO~ I. Thl' pnio1I for tlw pa,vnwut, without Jll'llalt,\'. of !hi' land tax and cC'dula tax for the .''C'ar ninf'trrn hnndrl'd and four in thC' Pro\·inc1• of Orirntal Xl'gros. is hrrl'h.'· E>xtrnded to .\ug-11,,1, thirl,\··tir>.t, 11i1wtrrn hunrlrcd anr\ fo111·. HEc. 2. Tlw· pnhlic g-ood ri·quiring thC' 'lJ>l'l'd.\" 1•m1cl1111·nl of thi.;; bill, thr pai-.;;ugC' of the silllll' i.'l Jwreby c>Xpecntc>d in accordance with i-.l'ction two of "An Act prc>;;C'rihing thr onlet' of procedurf! by thC' l'ommis;;ion in thc> l'nactuwnt of laws," passed f.ic>ptc>mhc>r \\\"f'llty-sixth, nilwtc>c>n hundrP(I. S~;c. :J. This . .\l't .".hall takP c•lfc>l'l on it.;; pa.qsage. Enacted, ::'Ila,-.· :11, 1!104. [~o. 116!'1.] AX ACT 80 .\:\IEXIlIXO ..\CT Xl':\IBERED SE\"EX lll"XDRED AND XIXE AS TO PROHIBIT THE TRAFFIC IN l~TOXICATIXG LIQL'OHS \\"ITHLX A C'ERTAIX Dlf'TA'.\CE OF LAXD UHED BY THE l1iSITJ<:D ST.\TES FOR ::'llILITARY Pl'HPORF.R AT l'ALB • .\\'O(L IX THE PR0\'1'.\C'E OF SA::'llAH, AXD ALSO TO PER::'llIT TIIE SALE OF l:\TOXll'.-\TIXU LIQl'C)RR \\"ITIIIX A ClRCl"l\l:--iCRIBED .\HEA IX TI-m TOWX OF Ll't'EN'A. PROVI~CE OF 'L\Y.-UL\1-', Ry rruthorily uf !he l "11ifPd i'lfaff',~. br ii rmtrlt>d by fht> Phifippinr Commfasion, !hat: NF.cTION I. Rrl'tion 01\t' of Act Nnmhi.>rl'd Ri.>W'll huJl(\rl'd anc\ ninr,' l'ntitlf'd ··An Act prohibiting thC' tratliC' in intoxicatiug liquors witliin cl'ft11in di>'tnnce>' of Ian(\ usNI by thi.> l"nit{'d Rt.ate" for military ]Hll"(JO>'C'>' and at l'Prtnin c·amp>' tlwrc>in rmmNI." i-< hl'r<'hy nmPmll'd b~- ini-.l'rting aflt•r !ht• words "for military pm· po.;;1•s at 8anta '.\ll'sa in .llu• cit.'· of :\lanila," nrnl bf'for<' tlw wont" "l'rrn:id('rf, 1wwcr1•r." lhC' following \\·onb;: "or within a tli-..tanrf' of tlu·1·C'·quartC'ri- of n mill' of lnnd n,..NI hy !hi' Unill'd. Slates for militnr~· pnrpoi-l'>' 1w:1r tlw town of ('allrn,\·o,.r. in tlw l'ro\"inc1• of :--inmnr .. " HEC'. 2. S1•1•tio11 one of >'Hid .\d '.\nmlwn•<l 1-'f'n•n hundrf'd am\ ni1w is lwrl'by further nml'l\Cl('d hy addi11g nt th<' C'lld thC'rf'nf tlw following words: "and land within a cirl'l<' with n rad.ins of M'\"t'll h1111dl'rd ,vun\,.. with thi.> cl'ntt•r nl lhf' middle> of t.llf' road '1 Otf.Gui .• 223. imuwdint<'ly in front of the parish dmrch al Lucena. in thi.> Pro\·in<'(' of Ta_\·aha~." i-iEc .. ;3_ The puhlie gorn\ n·quiring tlw i-JwNl.'" l'IWC'lllll'lll of thi.;; hill, tlw p;1i-r-.<1g<' of tlw snml' is hneby t>Xpcdit1•d in ael'ordanee 11·ith "{'ction two of " • .\n AC'l prescribing lhl' ordl'r of procednrl' hy tlw ('ommisr-.ion in tlw cuactnwnt of laws," pa>'scd f-;ppt<'mhPr twC'nty-six~h, ninet1'l'll hundl'f'd. SEc. -t Thi.-; .\rt .-;hall tak(' effi.>ct on its par-. .... agt'. Enaet.ed, 1\la .. v al. l!J04. [No. 1170.J .\:\ .\l'T EXTE:\"DIXU THE TDIE FOR THIO: l'AY::'llE'.\T OF THE LA.'.\D TAX IN THE PRO\'INCE OF l' .. DIPA~GA FOR THE YE,\!-'( Xl'.'\ETEEX lll"~ORED A'.\D FOl"R t:XTIL '.'\0\"E::'llBER I<"IH8T, .'.\IXETEEN" Hl"N"DRED • .\N"D FOllR. fly r111llrorify of tl!f' f"11itnl Ntal1w, br' it nrncted by llw l'hilippi11c <:ommfrmio11, tlwt: Sr.cTioN I. Tlw pl'riod for tlw pa~·nwnt, without Jlf'trnlt,v. of thC' land tax for tlw ~-1•ar ni1wtf'i.>n huudri.>d and four in thP Pro\•im'.'t• of l'anqmnga. j.., hC'rl'hy f'xtrndrcl to !\o\·C'mhcr lir.'<t., ninl't{'i.>n hundrf'd and four. 8EC. 2. Thf' public good l'f'<JUiring the speedy rnactnwnt of this bi\1. thr passag:(' of th<' sanw is lwrl'b,\' exp<'ditf'd in acl'orrlam•p with .".e<'tion two of "An ...\ct prescribing thC" ordf'I" of proe1•rh11·C" hy thl' Co111111is>'ion in tlw enactment of laws," passNl ~<'ptemhrr twC'uiy-sixth, nini.>l<'l'll hundred. 8t:c. :l. This Ad shall take effi.>C"t on its passng1>. J•;nacfrd, ::'Ila,-.· :H, HI04, [No. 1171.] .. .\X ACT REPF.ALIN(; ACT Nl"::'IIBERED SIX HUNDRED AXD ELEVEX, EXTITLEIJ ".-\N .\CT ADTHORIZJX(; THE l'l\'IL GOVERXOR TO ISSUE PAl-'1-'PORTS TO C'ITIZF.::>.T8 OF THE PlllLIPPIKE ISLANDS." By arttlwrity of f/ic (i11ited Stntf'S .. be it c1uzcted by Ilic Philippine Commission, fhaf: 1-'Ef"TIOX I. Act Numlwrt•d Six hundr<'d and l'lt•\'t'll.' f'UtitlNt "An .-\d authol'iziug:' tlu· ('j\·il {;oHrnor to i,:;;iu<' pnssporl>' to C'ili1.t'I\>' of l\w Philippiiw lslamb," i>' hnchy rf'pt•nli.>d. 1-'t:{'. 2 .. TlH· public good rPq11iri11g th<' spr-Nl~· f'l\Hl'tnwnt of thh bill, th<' pa>'sllg't' nf thl' snmC' is hi.>reby expediti.>d in accordanel' with SPC'tion two of ".-\n ;\('f prcsl'ribing tlif' ordn of pror('{luri• by tlu· Commission in thC' l'tulctnwnt of lnws," pnssl'd SPph•tnllf'r twent.v-sixth. ninC'frl'll hundrt>rl. 1-'n-. a. Thi>; .-\ct shnll takl' f'tfoct on its passage. Enuct<'ri, June 1, 1!}04. 1 1 Orr. Ga?., 7!'i. 500 OFFICIAL GAZETTE I No. I l'i'2.J .\X .\(''f PRO\"lll!N<; FOR THE RJ•;\'ISION OF VALL'ATIOX FOR THE l'l"HPOSE OF TAX.\TIOX UF CERTAIN PARCELS OF LAND IN THE ~[l'Xl('IPALITY OF ILOILO BEJ..JlXGING TO ~IATILUE JAL . .\~DONI OE LOPEZ AN'D J;:STF.\'A~ .JALANDOXI. 80 .\8 TO CORRECT CLERH'AL ERRORS. \\"lwn•as it has h('l'fl nmd1• to app('ar that an Nror wni:. cornmittrd b,y thl' municipal bonrd of ass('ssors of thl' municipalit:r of lloilo nnd by llw 1Pas,.,(•ss111ent board of tht• PrO\·inr.(' of lloilo in the classification and rnluation of tlm•e pal'Cl'ls of land i11 Jloilo brlonging to ).latil1ll' .Jalandoni dC' Loprz and Estevan .Jnlandoni; and \\'IH'rl'as thl' rn\11atio11s plnc•Pd upon said larnls an· found to lw ilw(1uitable \1.'' r1>nson of o\·1·rsight and mistak<• in classification anti \'aluation: ThereforP, /l.lf fWllwl'ity of Ille t"11ilrd Nl11/rn. /Jr ii r>11<1rlrrl by /hr Plrilippi11e Commissiou, /11111: SECTION I. Tlll' pro,·incial hoard of Iloilo, togl'tlwr with thP pro,·in~ial sc>cn•tary and provincial fiscal of that p1·0\·incf', arP lwrPby constitut1>d n sp<•cial hoanl with authority to corrc·ct all vahmtions of tlw prop1•rly abo,·e stat"'d on tlw nssessment list of th<' mnnicipalit~· of lloilo and to stat<• :tust valuations, in mon(',\" of thr l"nil<'d 8tates, of ea<'h of tlw parcl'ls of land above r<"forrt-d to, and to eorrl'ct any and all 1>rro11C"0Us assessments of said parct•l;; of land. The assPssmPnt list of the said lands, wlwn so co1'J'1•ct<•(l, shall ()(' as lawful and \'alid for all purposes as though t lw C'OITPctiou and n•ass1•ssnwnt lwr<"in provid1•d for' Juul b(•C'n mad" h~· tlH' hoard of tax 1·r,·isio11 at the prop~r tinw. 8t:c. 2. 'l'lw n•vision of tin• rnhmtions and assl'ssm(•IJts of thf' pare<•],.. of land aforC"said i.hall be 1mull' and completed by the a,.,-;<'ssnH·nt board lwr1>in prodd1•d on or befor1• th1• first day of ,July, ninl't('ell hundrPd and four. The asses13ment and rernluations shall bt• made on notic<' to MatildP .Jalandoni de Lopez and Esternu .Jalandoni, and to the municipal authorities of the municipality of lloilo, and each shall be l'ntitled to be heard hPfor<' tlw !'<'Vision hoard hnl'in pro\·idl'd. No appeal shall he allo\\·1•d from the a<'tion of said board. Tlw action of the mnjorit~· of said honrd shnll hr dernwd to bt' thl' action of the hoard, and binding. 1-it:c. :t The public good n•11niring tlw speedy enactment of thil'I hill. tlH' passagt• of tlw sume h; h(')'l'h:y expeditt-d in accordanee with :sl'<'tion two of ''An Act prescribing tllC' onkr of procedure hy tlu• ('ommission in tlw <'lla<'tment of laws," passed SeptC!mber t\\'(•ntr-sixtli, ninett•(•ll humlred. f'El'. 4. This Act ;1h11\l take 1•tf1>ct on its passage. Enactl-d, .]1lJJl' I, l!J04. DECISIONS OF THE Sl.'PREME COURT. !No. 1180. .ru11uary 13, 1904.] 1'fff,' 1·x11·r;n N'l':l'l'l~'N, <'omp/11im111/ rmd 1111p•llr·r·. r.~. RON.l/,/J .l.\'.H'/,f)'/'O /~'7' .. lJ,., dcfc11r/a11/s rwd flJ!1Wllrt11/,y, I, •CnUllNAJ. LAW; Es'rAFA.-Whert' it appenrs that jewPls worth morP 1111111 2,000 ppi;o"· ret'l'll·ed from lht' ownPr upon th<' falsc rl'prel<c>nlntlon that u third pt'rson dt'sirt'<I to purehn"I' them. hll\'I' bl'l'll <"Oll\'l'f\{'(\ hy thl' pl'rHon to whom thPy wPre deli\•ered. und thnt lht'Y lun'f' not bt>l'n rt'll1r1wd or any Information gl\'en as to lhetr Whl'rl'nbouti;, and that th!" frnudult'nt eondud has caused dama1w 1o thf' ow1wr of s11eh jrwt'ls, thr fads ronstitutr lhl' t•rlme of cs/nfn. dt•tlnt'd und punlsht'd tn urtkle 5:H. pnrngrupll ::t, 1111d artic>le 5:~:;. pnrugrni>h 5, of tht' Pt>nal Code>. •llPudnote" by Mr. Justice Torres. 2. It>.: ill.; EVIDENct:.-Tbe lal'k of proof tbat a third p<'r"on took part In thr receipt of certain jewel~ fraudull'ntly a>n,·••rtt'tl, or participated in lhe profit derl\'ed from tbe sale tl\('reof by th(' swindler, or that sucb per><on knowingly coOper<1tetl in the eon· summation of the crime requires the acquittal or l<UC'h third person. APPEAL from a jud~rrnf>nt of tlw Court of First 111,.,tan<'•' of :\lanila. Thr facts are stated in the opinion of thl' court. ELEUTEBIO RODRIGUEZ. for appl'llnnt. Solicitor-Grneral ARA:"t:TA, for apprllP1'. TORRES, ,/.: OctohPI' Iii, HI02. an information was filPd in thr Courl of First Instance of thi,; cit,v ngain . .;;t RafaPla Nantos nnd Ro .. alia · .\nacl1•to. charging them with thr criml' of <·stnf11. It wa;; al]pgr<l that on or about the 10th day of .Junl'. !!)02. RafaPla :-;autos and Rosalia • .\nacleto recC"in•d cNtain jt'\\'C").;; <il•,.,<'l'iht-11 in thl' compfaint, the propert.'· of Doiut Grrgoria t'ohannhi;t><, lhl' total Yalue of which wa .. $2,040. ;\lrxican c111Tt•11<'1·. aml that hl'tll'<'t'll the said 10th da~· of .June and thl' !lth 1la~.' of Octolwr following the defendants, in tilt' citr of Manila. willfully. frlonirmsi.''· and "·ithout tlH' consent of th<' ownrr of .. aid j('web. appropriated the snmc nnd conn·rtcd them to tlwir min usp, to the damage of tlw proseC!nhix and cont1·a1'.'- to tlw statutp in the case madr and provided. The complaint lun·ing bc>en filed. the drfrndant;;. were triPd thrreon. From the C\"idencl' introduced in lh<' course of tlw proceeding>< it appPars from a document in the record m:ll"kPd "Exhibit A," which is signed h.\' thr dPf<'ndant...; and which wa . .;; identified h~· them. the woman AuaclPto admits that on thP !0th <ht,\· of Junr, I !J02, the dvtl• of thl' docurnrnt, i:.he reet•i\'t•d from Bemabclu ~lodesto, an agent of Dolin Gregoria Coharrnhias, the jewels which, with their rl'spc>cti\·p ,·ah!('.,, arc dci.cribed therein. These jewels, tlw documrnt states, wrr<' 1l1•li\"Prc•d to Anacleto by the woman. l\lodc .. to. on th<' behalf of ><aid ('olmrn1hins, thl' lawful owner tlwreof. upon the condition that tlwy \\'He to bc> sold for the rcspC"cthC' prict•s indicatPd in th1• document. The documE'nt also stipulatE'd that th<' jPwel>< "·nr to hr returnPrl as soon as possible if not sold. and the pricf' of '<ll.<'h jc•wp\.-; a.-; were disposed of was to be duly p11id OV<'I" to tlwil' fol'tlH'r ownl'I'. Jt seems that ear!J' in tlll' month of ,Jmw, l!lO~. Ho><alia AnaC'IPto went to the housr of Bprnabp]a ~lodesto and a><k<'tl for somr je.welry to sell. upon tlw pr<'tPxt that ~hr knrw somr pro,.,pective pnrchaRt'l'><. Th<' woman. l\lodesto. thi>rrnpon w(•nt to tlw woman, ('ohanubias, and gol from th<' lnttn tlw ,it·"·"\" whiC'h tlw woman, .\nacll'to. had asked for, and dl'lh'erf'd tlwm to thr lattN on thf' 10th of .June. ~int'l' lhal tin](' slw has not recO\'el'f'C\ the j1•wrls or tl\('ir Yalue. For mnn• thnn four months Bl'i·nabela )lod1•><to <'nt\1•11\·orrd to rl'CO\'t•r tlw jl'\\"l'lr.''· Slw finnllr sncceedC"d in getting Ho,,alia .-\naclrto and Rnf;w]a 8antos-the latter h1•ing a woman who, ar<'onling to tlw c\rfPmlant Ana<'ll'to. wns lwr companion in tlw mattf'l'-ln \'isit th<' ow1wr of th<' .kwl'ls. On that oct'nsion Rosnlia st11kd thnt slw Juul sold tlu· j1•w(']s in eompau.\' with Rafal'ht, aud a,.,kt'll St•iiora C-ob11rr11bi11s for some more j1•\\"rlrr to sell. Tlw latb·r rt-fn-;pd to gi\'l' lwr any. aml lll't'><t'lll<'d to tlw t\n1 wonl\'ll fo1· -.ignut11r<· tlH' clocnnwnt not<'d on pag<' 12 of thC' rPconl. Hosnli11. nmlc>r 1111nwrmi,., pretl'xt><, tril'd to a\·oid .-.igning, but li1wll,\' S1•iiorn l'olnuTnbius nrndt• the two women :subllcrihe to it. Thi>< do<"nnwnt wus intro(hl(·<•d at ti\(' triul in the prl';;C"ncl' of tlw dl'fl'ml· ants and with tlwir knowl('(lgl'. Th<' facts rrlated constitutl' tlw <'l'imr of 1wl<1{11. 1l1•!inecl nm! puni><l\('d in arti(•\(' 7i:l4. parugrnph :I, am! articll' ,;:1:;, parngroph .;, of th<' l'<'nlll ( 'od('. Th<' dd<'ncinnts. to tlw 1l:unagl' of tlw <'omplnining wit111•-;-., Gr<'goria Cob11rr11hins, mad<' awn)· with a 1111111lit'r of pit'<'•'" of jew1•lry ill'mi1.1•d in the 1lo<·1111wnt introtlt~('<'d in t'Vitlt•1w1• hy tlw pros1•cntion, lhr total rnhw of th<' jewplry t'X('C'l'diug- £l,2;)0 Jlf'"'<'t11s. OFFICIAL GAZETTE 501 Tlw ('rinw wa-. commith'<i b)' fraud nnd dec<'it, on the prPtext that tllf' 1ll'f1•1Hlnnt-; luul .-.onw pro.'lpPctfrl' pureJm,.er . ..; for the j1•11·1•lry. Jfrl,ving upon this statc•1111mt thf' mnw1· d1•liYnf'd th1• jl'll'<'l'l. TJw,,1• W<'I'<' not 1·1·t111·ru•c\ to IU'l', nor clitl -<lw r<'rl'i1·e 1 IH• pri<'l' tlll'JW1f; co11>1P<J1Wlll ly tlw net ion of the• clrf1·ndn11t~ has c·a11.~1·d llf'r 1lamagi·. Tlw dc·frndants pl!:!atlt•d uot gnilty, and clt•nied having rf'ecin•d :111y jc·1n+-1 from BPnmbi•ln :\lodPsto. The defendunt Rosalia 11».tilit·d that tl11• j1•wc+; Wf'rt' n•cei\'C•d from Gri•gol"ia C.:obarrul.iius, 1UHI tlmt the)' had not b1•1•11 n•tunwd to lwr. Both defendants l\•,.tilic•tl that U1e)' had sii.,rnl'd a docunwnt in which tlwy wel'e gn11Jtf'd an 1•xt1•11sion of time for tlJP n•tnrn of tht' jewt>ls. Th(• dl'fom[ant Hafiwlu stah•..; that tlu> jl•wl•ls are now in the 1n·ovim·1•s. Tlw dt•ft•mln11t H.o;;alia testifil•s llmt the jewels ha\·1· not ,\"Pt bc>f'n retunll'd to t]JPir ownl'I", and that this is the r1·a-.011 she has bef'n accused. Notwithstanding tht' 1k•nial ancl PxculpatfrP allegations of Ho;;alia Anacleto, the rt•<'onl Jle\'eJ"tlwless contains sufficient l'\·id1•ncc• to show thut shl:' is guilty as principal of tl1P crime ('harged. From th" facls established b.r tlH• p\·idPnct> it appeurs that ;;IH' recei\•ed thl' jewels for sail• on <'Ommission, subject to till' obligation of retu;·ning tlwm if tlwy Wt'rl' not >:1old, or of deliwring the money rec1•in•d if tlwy wen• disposed of, and that she did not return the jewels or tlw mo1H·~', notwithstanding tlw dt•nmnds made upon her by Bernalwla and lll'r husband. 8hf' has at'knowl1•dged thnt she n•cei\•t>d th!:' jc•wels, ~s uppl•itrs frnm the document whose authenticity she admitted, and she ac·knowlc•dges that she subsequently so.Id them. This statement \rns mad<• by her in the presence of th<" owner of the jewels and of two witnesst':-;. :\en~l"thell'ss the mone:i· n•ulizt>d by the sale of tlw j1•weh")· was not <h·livnl'd to the ownl'r. Consequently it follows that thl• def1•11dant eithl'r misappropriated the money rec·<'ived, in tlw e\·eut that the jewf'l;; W<'re actually sold, or else that she frnu<lulentlv eom·el"ted to hel" O\\"ll use uud foilf'<l to pay for l11e jt>\\·els, l~ the damage of the owner thereof, Xo gi•1wric, nggrn\"uting, or mitigating circumstanc1'<.; uttend<·d thC' co111mbision of the crime, and therefore thl' penalty must be i111pos1•d in the nw<lium degree. With resped to the other defendaut, Rafaela 8antos, the 1•\ idencc docs not show that she received or took part in the n'L'1•ipt of the jewel:; in question. The jewels >.he rrfe1Ted to iu her h•stimon:i· must ht> diffe1·1>nt, judging from the otlwr data in llw case•. Even if it be tl"lll' that she coi>pcrnte1I in the sale of the jewt'ls dispos<'d of h:i· tlw other <lefondnnt, the rt!conl :;till foils to disdoSl• evidl•nc1• that slH' hnd n·cein·d t\ll)" pnl"t of tlw product of" such snk·s or that she had knowll'dge of the frunduh•nt acts ot" Rmrnlia Amtch•to. Then•forf' Hafaela 8antos 1•1111 not bl• n•gurd('(J ns u partiC'ipirnt in tlw commission of tilt' C"rinw, nlHI ~lw must nc<'ordinglr bt• it('quittc>d. For tlw n•nsom:; slatt·d W<' an• of tlw opinion that llosalia .\1111clt•to 11n1st hP <'ondC'h•1I nud M'ull·ncl;'(l to two y1•111·s elt·n·n 111011\hs nm! h•JJ 1lays of prisi1J11 f~Jn"r't"r-ioua/, inst1'1HI of pn·,~idio r-orrr:cdou11/, in a('('Orthrnc1• with the pro,·isions of nrtich' !l5 of till' Codi', tog-1'1\wr \\"ith tlw 11C'Cl•ssOI")" \l!'nalties estublished by 11rtie\1• Iii llwn·of, to the n•stitutiun of tlw j1•wel.~ misuppropriated \,~· \wr, or to tlw pnynwnt of tlw vnhw thc•r1>of, and in casl' of i11,.,oh·1•11(')". In snffl'r the eonv,.,po11tling subsidiary imprisonuwnt, wlii(•h will in uo ('Ust• ·exl'1't'1I om·-third Jllll"t of tlw principnl 1w11alt~·. and to tlw pn~·nwnl of 01w·ht11f of tht• costs of l.loth in,.,tnm·('"· Bafa•·ht :->autos j,., l\('tp1itt1•d, with tlw otlll'r hnlf of tlLI' 1•os\s 1fr ofit·io. Tlw jn1\g11wnt of tlw <'our! bt'low is n!lirnwd in "o l"a1· as it j,., in hurmony with this d1•<'ision, 1111d n•n•rst•1I i11 Ml far 11-< it is in ("onllil'l tlw1·1•with. .lllllµ_-11w11t will h1• n•1ul1•r("d in Ul'C'lll"lilltH'I' with this opinion nnd tlw eit,.,;• 1vmi11ult•tl io tlw l'nurt ill'low for its l'Xt•cution. .\rl'\lHno. l' .. I.. t'oo1n·r. \\"illanl. ),fop:1. :\iC'Donough, urnl . Joh11"'011 .. I.I.. C'onclll". J111/y1111•11/ 111ot/i/ic1I. [:"'o. HOl. January 27. 1904.] '/'HF, L\"/1'},'f) NT.-tTf:N. complai111111t a11d appdln', r.~. f.','i.TF.RAX BA.Hf: RT ..1/,., drfr11da11ts a11d "f'Pdi<111tR. CRIMINAL LAW: BRIGA~llAc:i:;.-The defendants were members of en armed bantl which attacked untl looted the barrack~ of a tl<!tachment of the ConMabulary and killed the commantllng offker. lfrld. that the defendants are gullty or brigandage. APPEAL fro111 a judgment of tht• ('ourl of Fir .. t ln .. t1111('e of Smigao. FEUPE CALDEROX, for appelhrnbi. 8olicitor-GPm·rnl ..\.RA:>ll::TA, for app~lh·e. In the lllOllth of :\larch, rno;J, a lurg<' party of lll"llll'd lllCll. of which the d1•femlnnts \\"L•rf' members, attack{'{! tlw l "onstubulary harracks at Sndgao, :'llindnnao. which they captured and lootl'<l. ('uptain Clark, tlw commanding o!liC't'l". wn:-' kill1'd. Tlw otl1t>r fac•t>'l lll"t' stuted in the opinion of the court. )l.\l'A, J.; The accu .. ed are chargPd with the erinw of bl"ignndnge. The L'onrt of First lnsbrnC'f' sentenced E'itPban llnn• and Donato Rodriguez to the death penult,\'. \"icentl' Armiso to that of life imprisonment (r.:ade11a verpelua) nnd Fnlgencio Enano IJJl(l BPrnanlo Olbis to twenty years of imprisonment. 'Tlw cnu;;C' has Ueen brought to thi;; court for re\"iew of till' .1nd7nwnt with respect to the first two defendants, and on appeal as to thl' latter thl"ec. The othl'r defendant:s, tw<'nt,v-se\"l'll in 1n1111bl'!". were eithrr acquitted b:i· the court below or faill'cl to appeal from its judgment. which, as to them, he.s accol"dingly bcconw final. The guilt of Ral"e nnd Rodriguez and of the other thn•t> up1wlla11ts is fullr pro\"ed in tlw record. \\"e 11grer with tilt' finding .... of the lowl'r court as to the responsibility ot" tlll'.~f' defendants. 1tnd \\·ith its classification of the crime JlrOs<'CUtt>d. Till' p<'nnltj(>-; imposed upon Esteban Dnre, Vicente Armiso, Fulgeucio Emmo, nnd Bl'l"nardo Olbis ure, iu our opinion. also in ;n•(•onlanc1• with law; hut WP do not concul" in the imposition of lht> penalt~· of deuth on Donato Rodriguez. The latter defendant was not pnn111nent1.r ulliliated with till' l.land of brigands. His connl'ction with it was, it may ht• snid, only momentary and transient. He lll'ither t•ntNc:d tht> town of Surigao in their compnny, nor di1I Ju• leaw it with tlwm when tht>y retreated after sacking the Constabulary h11rr11ck .. tlwrcin located. l~duanlo de los 8anto~. the so·mlh•cl major of the band, te"tifie.<.; that Donato Hodrigtll'Z arri\"<'d at the h11rrncks du.-ing thl' f'011rs1• ot" tlw attack. Hf' furtht'!" stntps thut hi' i .... unal.llt• to say whetht>r or not Rodl"i,!!ll<'Z was 1trrnl'd, J)('euust' lw di(\ not oh'"il'l"\"t• him p:nticularly in thb respect. Vic('nfr Ati\lo, anotl1n of the band',; leudl'rs, lt>stifil';; that Donato llotlrig1wz wa" not with them wht>u lhPy enftort'd Surigao. hut that he joi11Pd tlwm in t11e ba1T11eks, when• Adriuno ('c111c1·1wio11 g11n• him a n•\·1il\·Pr, nm\ tlutt lw wpurnted from tlw pnrty nt the bnrrnl'ks. This witue"s also teslilil's th,lt Rodrigu"z took 110 purl iu t lw 01·cm·l"f'llCf's ut the barracks bt.>yond tlw fact nf rf't'c•i\"ing- tlw 1vn1l\·pr from Adriano C'oncC'pcion. Thut Rodriguez lt>ft llll' b:111d whih· it was still at tlw lmrrack~ und took no purl in till' :1><-<ault i.., <'onclusi\"t>ly t>stnblislwd. During- tlw progre"s of tlw ll-<-<;1ult. llodriguez wns in nnotlll'r pln1·1• :1ttt•mpti11g lo imhw" Agatou Dt>hnso, n ('011stnhuh1ry i-.ol1lil'r. to -<llrr1•ntlt>r a .... ,·olr1·1· "ith which he wus nrm1•1l. 11-lli11g him tlutt tiw euptai11 of llu• l'on· st11h11\11r~·. tlw \'llptuin of 1111• port, uml llw ]l\"tl\"i11t•ial in-;111'l'lo1· hncl alreud:i· U1•1•n ki\11•11 hy tlw hrignnds. .\fh•r thi .. monwnt no mw saw Rodrigtll':t. with ll11' h:m•L On tlw 1·011trnry. it ap1war" th11I on tlw nig-hl following- the 11tl1n•k on tlw hurrnek.., h(' pn'· ,., .... utt•d himst>lf to tlw lo<'al i1uthoriti1•-< . Then• is a gn•nt tlifft•rt>11l0 t• lwt\\•'l'li th1· 1ll'/.:T1'l' of µuilt of thi-< 1lef1•mlnut nrnl thnt of E-.1t>han ll:1n'. ulso comlemnl'<i i.:.· tlw 502 OFFICIAL GAZETTE court hl•low to thr death penalty. It is fully proven that the latter took a dirt>ct and vf'ry important part not only in attacking and sacking tlw Lanack11 \mt abo in the murdf'r of Captain Clark. The fact that Donato Rodl'igucz was a member of the municiJ>HI police of 8urigao, the co1111idl•ration of which chiefly induced the court below to impost· upou him the dl'ath penalty, should indeed be regarded i•"' a circum,,tance in a high degree tending to aggravate the off Pnse, but not to such an extent a'! to llJ.lke it equal to that of Esteban Ban•, who was guilty of the two gra\•e crimc.'l abov!' mentioned. The inculpatory facts with ref1:>l'encr to Danato Rodriguez are very similar to tho~e with respect to Vicente Annbo, who was condemned by the trial judge to life imprisonment. Although it i!'; true the former w,1s a municipal policeman, the latter likrwillP wa.~ u memLc>r of thP Consfabulary. F111tlwnuo1"e he pur· ticipated in tlw nssault upon his own Larrncks, firing in Uw course of lhc attack three shots at thP 1)1"0\'incial warden, Mr. Tracy, who e1Ulc11\'0l"Cd to go to llw assista111:e of those in tlw barracks. Donato Rodrigu<>z was guilty of noue of these acts. WP sec no reason for imposing upon him a heavit>r penalty than that imposed upon \'i('entr Anni;;o, which wr considt>r to hP wholly adequate. Act 518, which definps and punii-,hrs tlw c·rimP of bl"igandagP, in dt•signa.ting the penalty to which th<' defrndunts ,-'<hould be> condemned, mukc.'I no mt'ntion of "impl"isonmrnt in chains" (crule11a), but simply of "imprisonnwnt" (p/"isiOn). Const>quentl:.· the pcmdt:.• of cadcna per11et11a impos<>d upon llw defendant Amiso should be 1\nderstood as life imprisonmrnt.. For thP reasons stated we affirm the judgemPnt of the! Court of First Instance with resppct to l•~strban 1farP, \'ict•ntr .hmiso, Fulgencio Emmo, and Bernardo Olbis. Tht> pl'm• It:.· of l'llrle1w perpetua imposed upon Al"miso is changed to life imprisonment. ThP judgmC'nt is revrrsed with respect to Donato Rodriguez, whom wr condemn to lift:! imprisonment, impo.-.ing upon all the snid defendants the co:-,ts of this instance. Arellnno, C. ,J., Torrps, Cooprr, \\'illard, :\JcDonough. and Johnson, JJ., concur. Judg111e11f modified. [No. 1388. March 5, 1904.] NILl'BRIO 1~.Hll'IA /o'RU.Y.4..\'IJO, plaiutiJl and appdlPe, •'-""· PACIJ.']('(J N .. Lr'l'ON J"//,/,..lJ,OS WJ' A/,., <lefe11da11ts a11d ap11ella11ts. l. •HoLouuArmc \Vu,t .. -The holographic will, also called the auhigrapblc will, bas been Introduced by the Civil Code us one of the means of expressing the last wlll, nud was established in order to facllltate the secret expression of the desire of the testator. 2. Jo.: REQUIStTt.:s.-Tbe Indispensable requisites to the valldlt~· of tbe bolograpbh.• will are that the testator be of age, that the entire will be written In bis handwrlllng and »lgnetl by him, that It be written upou stnmped paper of the year of Its execution, aud that Jt contulu a statement of the du~·. month, nntl year of its execution 3. Ju.: ID.-The conditions prescribed by the Cl\•Ll Code for the validity of the holographic will are nll of un essential character, none of tliem can be dlspeused witb, an.J 111l constitute the most emcaclous gunrnntyotltsnuthenllclty. 4. In.: P110TOCOLIZATIO:>t.-The holographiC' will does not acquire tbt> character of a publlc Instrument until It ls protocollzed tu tb!C' archives of u notary public. APPEAL from 11 jud~mPnt of tllP l'ourt of Fir ... t Instance of Bulncnn. Tlw fiu•l,; 1u1• >1tnt1•d in the opinion of the court. .JUAX MF.lll:-iA l'Ul:, for nppellnnt. EnER ('. SmTH, for nppellee. To!Uu:s, ./.: In n pl•titiun dt1lt>tl ~lnrcl1 11, 1!102, the plnintitf, ~ilvcrio •Headuotes by Mr. Justice Torres Paguia Fernando, prayed that the defendants, be required to make delivery of a will alleged to have been executed by the late Lucia Villalon, in order that the same might he annulled; that judgment be rendered against the defendants declaring the said will null and void; that the estate of the deceased should be administered ac<:ol"ding to law, and thnt plaintiff have judgment against the defendants for the costs. To this effect he alleged that on the ith of August, 1899, the said Lucia Villalon, the widow of the late Perfecto Bunag, of whom she was the lawful heir, died in the town of Bulacan; that the said Lucia Villalon died intestate, lea\•ing no decendants or ascendants, lawful or natural, brothers, nephews, husband, or other collateral relatives, with the exception of the plaintiff, who was a first cousin of the deceased and the only heir to the estate; that Pacifico 8antos \'illalon was appointed by the court on the 2:M of Heptember, 1901, as administrator of the estate of the late Victoriano Villalon, who died on the 2d of September, 1900; that the said Victoriano Villalou, decensed, pretended that the property of said Lucia \"illalon hud been bequeathed to him by nwnns of a holographic will which he alleged had been written in her own handwriting by the said Lucia Villalon in the banio of Bagurnbuyan of the town of i\Jalolos on the 25th of Murch, 1899; that the said alleged will was false, and was not executed or written by the said Lucia Villalon; that on the 26th of March, 1!101, said holographic will wus tiled in the office of the notary, Don Genaro Heredia, in Manila; that the late Victoriuno Villalon left four children, to wit: Augusto, Patrocinio, Teotilo, and Rosalio Villalon, from whom the plaintiff chtimed the property left by the said Lucia Villalon as heirs of Victoria.no \1illalon, deceased, by virtue of the holographic will alleged to have been executed by the said Lucia. Villalon in favor of their late father. The hologmphic will, written in Tagalog, u hanslation into 8panish whereof appears in the complaint, reads us follows: "In the bu.nio of Bagumbayan, Bulacan, the 25th of March, 1899, J, Lucia Villalon, of this vicinit~·, 60 years of age, more or less, widow of Perfecto Bunag, and legitimate daughter of Paulino and Brigida Matarunos, feuing that the closed will which I executed on the 16th of this month may be destroyed or lost, have endeavored to write thii; present one in witness of the fact that of all the prop1!l"ty I may leave, I institute us my heir my coui;in, Victoriuno Villalon, of Mariquina, or his i;ix children, amongst whom is Augusto, to whose good conscience l leave the fulfillment of my charges in regard to the images of my saints, nmsses, and alms to the poor of any place whom he may deem worthy, since I have- no forced hei1·s or even brothers. In witness whereof I sign." On the 22d of June, 1!102, the defendants made reply, first, thut us to the facts alleged in parngruph 1 of the complaint, they denied that Lucia Villalon wus the legal heir of Perfecto Hunag; that us to the allegations of the second puagraph they denied that Lucia Villalon had died intestate, because she had mad(' a will twice, and denied likewise that the plaintiff was the first cousin and heir of the testatrix; that as to the third pnragmph they denied that the defendant Pacifico Santos had been appointed administrator of the property of the late \'ictorinno Villalon, because thf' court had mnde dli'li\'ery to him of the said property to which he wns entitled by virtue of the will above referred to; that they specially denied that said holographic will was false, an<l nllegcd that it was written by the testntrix herself us her lllst will und testament; that they C'ould not rn6.ke deliver:.-· of tllP said will because the original was filed in the public uchi\"es and could not be withdruwn t!wrt•from ('Xcept by ordt>r of 11 court. The defendanb nlso objected to an:.· change in the ndrninistrution of the property of tht> testahix. alleging that it wus .being ndministNcd in accordance with law, prn~·ing thnt judgment be entt>red in their favor, declaring said will ni.lid, for judgment against thr plaintiff OFFICIAL GAZETTE 503 for tlw ('osts, and for any otllf'r furtlwr rl'lif'f as to which they might be entitled. In thi!! casl' tlll' rnlidit,\' or inrnlitlity of a holographic will is i11\'olved, awl it i.'I evident that of the four fact!! discussed i11 tlu• litigation, the 01w which ill to df'tcrmine the 1·p;iull of tlw 11dio11 i>1 tlll' ~wcond of said facts, which is Uw only real issue, the othn fnct-; fouml in tlw <lPci!lion uppr•u!Pd from bl'ing nwr1•I,\· ><l'l'OJuJary. Section 088 of thf' Civil l!odf', under which tlw hologrnphic will app<'ur.-; to ha\•1• been f'Xl'cuted, vro\·ide.'I iunong other thing-1 tlw foilowing: "In ortlc>r that this will llH!.,\' lw vnlid it must bf' drnftt>d on stamped paper corresponding lo tlw ,\'I'll!' of it.-; PXP· t•ution, nnd bf' \ITitten in its entirety and signed by tht> lf'stntor, giving tlw y<'ar, monlh, and day of its ext>cution." One of tlll' guaranties of the authenticity of a holographi<' \\·ill is that the same should bl:· in its entirety written b~· till' t..-.stntor and >iign..-.d h~· him, it not heing permissible to intrust to another 1wrso11 tlw drafting or material operntion of writing it out, hel•au,.,1• in such an PVf'nt there would be lacking the basis for identif~·ing the writing and signature of the will "'' those of tlw testator by comparison with other genuine specimen .... of his handwriting, which is the reason for this e.'l>iential fonnulity. since it is 1•asie1· to forge lllf' signature of the U-stator than the whole text of the will. It is therefore irn indispensable condition that the holographie will shall hP written in its entirely by the 1w1·so11 who executP."i thr .<1allll', that it be wholly nutographic, a.<1 this constitutps an pfficienL guarnnty again-tt 11\1 folsificntions 01· altPrution.<1 in tlw will of tlw t1•stator. The so-callPd hcil'. Vidol'iano Villalon, on the 8th of i\I11rl•h, l!-100. JH'Psc•utt•d tlw ol'iginal will of tlw lalP Lucia Villnlon to the ,Jndgl• of Fin.t lnsb.ncP of the district of Tonda, who was :rnthorizPd by the militar:• gon•mmPnt, as pel' <'0111municutiou on the 14th of .<1aid mo:i.th from the Chief .Justic<• of the fornwr ..I udienci(I, to takP cognizanct' .of the probate of :-;aid hologrnphic will, as if he w<>rc the judge of thP localit~·. The said judg<' proceeded to take the Pvidence required by tlw lnw, and examined thl'ee witnesses, all of whom allirmed that the handwriting and signatul'e of said will were thos<' of tht• latP Lucia Villalon, and that they werP satisfied beyond a rensonahlP lioubt that tlw will wus wl'itten nnd signed by lwr. TherPnpon, b~· an order of thP 24th of said month of March, HIOO, it 11·11:-1 ordered that thP said will hi' filed in the officl' of the notary public, HPiior Urnnro Heredia, in eonformit~· with tlw prol'isions of sretion li88 to 09:l of the Civil Code. During the hial of this action no clocunwnt has bt>en introducPd written in its <·ntirety 11nd signP1I by tlu· alleged tPstatrix, Lucia Villalon. All the documents und 1Ptt1•1·s PXhibited by tht> parties appPar writtPn by other p1•rsons. 11ml onl~· signt;d b~· Lucia Villnlon. Tht• four·lilll' nott>, writlPn on the back of thP document which nppPnr" ut pitg'<' 102 of tlw 1·e(•ord. is thP only document which, by n•aso11 of ii" 1•011ciseness, may havP hrt>n writteu b)' thr sail\ Villnlon, who signPcl tlw same. but tlli"' 1•a11 not be n•garcll'tl ns a umttPr of cPrtninty. sirwr tlw hand in which thP note is written henr . ..; no "'imilal'it~· in outlines or g'l'ILt•rul appeunmce to tlw lettp1·.~ whi<'h nppe.11· in the signnturr nt tlw end of tlw note. 1·:110<' <:unnsing, om• of the th1·<'<' witrlt'ssps who kstified lwforl' 1111' jmlgt• of tlH· District of Tondo as to thP nutlwnticit,\· of tlw hologrnphit• will in tJlll'sti011, upou bt>ing 1•x:rniined during tlw irinl. stnted (hill of t•xc<•ptions, p. ii) thnt lw kllPW tilt' U-stntrix and ihat he hnd llPrn thr lesst'f' of n fish pond whid1 hnd lwlongt••I lo hl'I'; thnt lw k1ww tlmt Ln<'ia \'ilhllon had c•weutPd n will. ht>C'11lls(' h<' hud IM•t•u om• of thr \\'itnes>:<t>s to tlw tiling of lht• .. anw in :\foniln: that lw knew tlw lrnndwriting of tlw tes· tntrix. ht•t•n11~1· lit' h»-tl in his pos:.t•s,.;iou dOl'limPnts signl'd b~· h1•1', \\·hil•l1 lw 1•xhibitetl, um! which Wt>l'e ulimittPd without obj<•<·iinu h,v \ht• plniniiff (bill of exceptions. p. 72). Lorenzo Salvador, Leoncio llarcelon, Isabelo Pineda. and Claudio Gal\'es, witnP<ises for the plaintiff, testifi<'d to tlw l'On· trary. 1-ialvador said that he knPw the signaturP of Lucia Villalon. because Jw had frp11uentl~· set>n receipts "ignecl h~: hn, some of which he had in his possession: thnt he wns u l't>lntin• of the deceased; that neithel' thf' \ITiting nor the signature of the will. exhibited by thf' notary, Heredin, nnd which was ,,]wwu to thf' witness, we1·f' tlJO>il' of Lucia \'illalon; that thP lnttn was unnhle to Wl'itP it long docnmPnt. ns sill' only k1ww ho1\· to \ITitl' her nanw and nothing morP; that tlw .. ignntun•s 011 dol•uments mal'kt>d 2 and :l, were the genuinP sig11at111·1·.~ of thP l11tP Luci1l Villalon, but that the signntlll'P attuehed to docunwnt '.\'o. 4 wM not genuint>. Leoncio BarcPlon tPstifiPd that hP knew tlu• late Lucia Villalon, who, during hrr lifetimr, could hnnll,\· writ(' hn own namf'; he identifiE'd us genuine the signature"' whieh appear on doeumE'nl<; marked a. 4. Ii, and 7. and snit! that lu• had dealt with the deceased fretllll'lltl~· nnd had sef'n h('l' wrilt• many times. lsabelo Pineda stutcd that hf' had known Lucia \'illalon for twenty yea!'s, and that during he!' lifPtime shP could hnrdl~· wl'ite ht>r name--that he did not know whf'ther shl' was ablP to write anything more thun lwr name. Claudio Gah•es testifiPd that he knew Lueia Villalon during her lifetime, and had had dealings with hPr. He stated that he undel'stood that she was only ab)(' to writ(' hel' nanw, und testified that the signatul'e which appeared in document No, Ii wus that of th(' testatrix, adding that on the thr<'f' occasions on which he Juul >:PPU hPr sign hP obsenPd that she did !>O with diflicultr. In view of this testimon~· this eourt dPcided to send for th<' protocol Whf'l'l'in the original hologrnphic will, allf•ged to have been executed by the ln.te Lucia Villalon, was filed, us well as thr original court records containing doeuments and lettel's with the genuine signature of t\l(' deceased. Raid protocol, hawing been l'eceived in the olli<'t> of the (']('1·k. with tlw hologrnphic will and the original l'PCord, sent up hr tlw eourt ot' Bulacan, a comparison wus umdP of tllf' signatm·f' and writing which appt>Dr in the will with the siguntur..-. and writing in the original documents filed in the rPconl, which both pnrtips accept 8-'I genuine, special attention being paid to the signatures to the thl'Pe lettel's of tlw latr Lucia \'illalon which l\()pei.tr on folios i4. iii. and iG, of thf' original rccol'd, tmnscribed nt folios 49 and 51 of the hill of PXceptions. From this 1•xnminntion. which was m1HI<' bJ' ench OllE' of the> seven 111Pmbers of the court, the conclusion is 1·eached that thr Wl'iting and signatur(' of the said will brar no resemblance to the genuine writing and signature of the latP Lucia Villalon. The outlinPs of snid signature!'!, which appear in documents of undisputed authenticity. ure <1nitP dift'PrPnt, Therefore tllf' court is conduced thnt sidd will wns not written 01· signed by tilf' late Lucia Villalon, as provided b;o.' law. and consequent!~· that it is not proper to treat said document which w11s filed in tht> protocol as an autographic will of the alleged testntl'ix, nnd thnt it is not proper to admit the said docunwnt n" a hologrnphic will cnpahlP of producing legal pffects with rps1wet to thP dest•Pnt of the estate of the deceased. Thi.; conclusion i...; a logical eonsequence reach('d from 1m 1·x111nination of thP alleged will of the late Luein Villalon, uml of "arious indisputable signntures of Lucin Villalon which 11ppenr on vnrious authentic documents l'xhibited by the pa1ties, ns well n..; from the result of the PvidPnce ndduced by both parties us to the 11hilit~· of ti\(' deceased during her lifetime tJ writP or sign. 1"om· wit11Pss1•s prt's<"ntecl hy thC' plaintiff uffirnwd that they knew the lute Luciu Villalon nnd tl'>:<tifled thnt slw wns only uceustOllJ('d to write l1t>r IH\me when signing doc\IUJ('llb, somP tl'stif~·ing that she could hurdl~· writP her name, others aJding that they did not know whl'ther she was able to writt> nnything more. Onf' of tllf' four \\·itne,;'le,, mPntioned likewise 'ltuteJ thnt neitlwr tlw \niting nol' tlw signailll"<• whi<"h nppPlll' in tht> docu· ment liled in tlw protocol. allt>ged to be thP will of the lute Lueia \'illnlon, was ht>J's, alleging that the Ject>ased wus unable to 504 OFFICIAL GA.l'.:ETTE write a long document. This appears to he hue in view of the fact that tlw party interested in upholding the will mu1 umthl<' to pn'scnt nny document or Jetter writ.tt>n by the alh•ged l1• ... tatl'ix, and sueceP<l<>d only in rxhibiting a few documents and letters upon which appear only the sii;p1ature of the late Lucia Villalon. Onlv onr witnc.o;s, Enoc Guansing--ont> of the three who tC'stifi~d IH'forf' the judge of 'fondo, and who tlwn identified thr writing and signature of the alleged will-testifiPs as to the autlwnticity of said will, adding that he knew the writing of the lie<>rased h<>cause he had in hi,; possession documents signl'<l by her, and produced said documents. But this testimony can not evercoul(' the weight of the opposing evitlenc(• or bring about u differ1>nt con\'iction from that already nwntioned or dmnbre our conclnsion that th<' document filed in the protoC'ol, alh•ged to be a holographic will, was not wriltrn aml signl'd in its rntirety by till' late Lucia Villalon. l'\Ioreo\'f'l', enn taking it for grantrd that the signature of the alleged holographic will is authentic, it is still im'alid because it dOPs not appear that it wa" written in its entirety h:,• the testatl'ix, Lucia Villalon. After what has been stated, it is almost use)e>;s to takt' up lhe thrre remaining facts which have been contested and appear set forth in till' decision appealed from. They arc as follows: First. That the testatrix was not in the town of Bulacan on the 2:Jth of Mal'ch, 18!)9, the date of the execution of said will. Second. That in the same the alleged testatrix declarell herself to be the daughter of Brigida }.fatarnnos, when her mother's name wns Brigida Santa l\Iaria, and Third. That the will has not been drafted on stamped paper but on papt;r braring the stamp of the Philippine Go\'ernment, which ne\'er had a legal existence. Apart from the fact that this last circumstance as to the kind of paper used might, perhaps, not authorize the annulment of thr will lhr evidence adduced by the partips does not show conclusively the tl'uth of the two finit facts above stuted, nnd for this re~son, without giving nny weight as did the trinl comt lo the contradictory statements made by the witness Eugenio Paguin, we find that the said document found in the protocol is not the holographic will of Lucia Villalon, that it was not l'Xt'clltC'~I. writtt>n, or signed b)' hel', and consequent!)•, it being null and void, her estate descended by operntion of law to her legal heir,., who are in consequen<'e entitled to take the pl'Operty \efl by lwr. (?or. tlw reasons stated the judgment of the court below i.;; allinned, with the costs to the appellant. ,Judgment will he entered accordingly twrnt~· dnys from the filing of this decision nnd th<' ease rcmandt>d to tht> lowrr court fo1· (•omplinne<' ther<'with. It is so ol'dered. A1·pl\nno, C .• J., Coop<'l', Willnrd, l\lapn, l\frDonough, and .Tohnson, ,J.J., C'Oncur. ,/11dgmcut af/irmed. [No. 1s-1:~. March 19, 190.f.J 'I'll/~' P.\'l'l'RD N1'A'l'RN, co111plai1w11t mu/ <1p/JC/lce, rs. BEX/7'0 rRUO.HU R'l' :lf,., dcfc11dui1IH 111ul uppel/1111fs. CTIIMINAL LAW; INSlntRl;CTION; CoNSPlltACY AGAINST THI\ Gov1mN~rnNT.-TllC tlefendaul!> were trletl aud convicted upon an !nforumUon chnrgi1..,: them with tile crime or insurrection. The evidence showed tlmt th<'Y hntl organized nnd were members or 11 sol'tety whose 1im·pose wus to 01·erthrow tile Gol'ernment by force, but rullecl to dtsC'losP nny ov('rt acts of Insurrection. He/</. llrn.l the conviction for lu11urrect1011 can nol be sustained, but that on lhe ~ame Jnrurmutlon tl1e tlt>fl'ndnnts mny be convicted or the lesser olf('nse or <·onsp\rnc)' to ovt"rtbrow the GoverUlllt"nt. APPEAL from a jmlgmt>nt of th<> l'ourt of First lnsli11wt• of Pnm1mnµu. Tlll' foehl an• slnlt•d in tlw opinion of tlw rourl. Tuos. \,, JIAll'l'JOAN and :\IAXI~llNO REl:";'A, for nppC'lli1nt-:. :-iulidtor U1•1wrnl :\tl.\C'H:TA, for nppl•lh•<•. .Jon:-;-so:", J.: The defemlnnt-: herr W('l'e ('harged with thf> crime of in-:nrrection. It is charged that the defendants, togetlwr with other"<. between the months of :\In)·· 1~02. aml .Jnue. l!lO:J, hat\ hC'Pn inciting, .~etting on foot. and engilging in an in .. mneC'tion ai.:ain,.;t the authority of ihe L'nited Stutes in th<> Philippine Islands. The evidence of various witnes.-;ei-o was taken in the trial of the ~aid cnusl". Several of tl1Psc· witn<'sHes testified that the dPfendants, and each of thc_.m, in tlw months of Februal')" um! :\larch, 1903, were organizing and did organize a societv conunonlv kuown as the "Katipunan Society." Revernl witm;s;;ps also . h•stitietl that the object of the Katipunan 8ocii'ty was to organize Filipino soldiers, and that the rm! and purpose of the said organization was against the United Htntes Government in the Philippine Islands. The evidenl'e further shows that the defendants, nnd each of them, solicited \'arious per,;ons to become members of the said organization. Thr evidence further shows that the said Katipunan Society held various meetings in thf' hom;e of one :\lnnuel Ruiz, and in the house of :\I1rn11f'I Sandico. It was shown also during the trial in the court bPlow thut these defendants WCI'<' oliicer:s in 1.he snid society. The f'\'idt>IWt' further shows that the defendant!,,, us chief officers of the said Katipunan Societ:,·. nppointl'd vul'ious persons tO tht• positions of captaimi. and captains of cavall'y, and majol's; that tlw»e captains and majors were given charge of sections or districts of <'OUntl'y over which they WCl't' to PXPreise jul'isdiction; that the said society contained a !:ieal with the inscription "Republica t;nh·ersal Democrata Filipina, Cnion, Patria, Fuerza." The e\'i· deuce further shows that the said defendants, and each of them, at \'arious times in the months of February and Murch, 1903, soiic_.ited funds from the people of thP pueblo of Mexico, in the Province of Pampanga, P. l. The defendants attempted to pro\'e thnt they were organizing a new, independent Filipino church, known as tlw Aglipnynn Church, and that the moue)' whic_.h ther were <'Ollccting wus for the purpose of furthering the interests of this new. indPpendent clnud1. This lattel' fact, in the judgment of thr court, \nJs not ('stal.ilished. The faet that the 1lefendants were not 11tt<'mpling to orgimi;·.e a religious society, and that the money whiC'i1 they were collel'ting was to bP used for that purpose is dispro,·ed b)' tlwir own ad-; und conduct. The defemhmts admitted that when the,\' n•l'ein•d word that tlw public authoritie..i were in\·estiguting thrir eond1wt with 1·efrrcnce to thP ;;oc_.il'ty which the)' had orgnnizPd nnc\ tit<' purpost's for whil'h t\1<')' m•rP collt'C'tin:i the mom•y, tlwy im· lll<'diately left tllC'il' home<.; und went into tlw mountains and remained in hiding from about thr 31st day of :\lnrch. 1!102, until the 24th day of )fll)' of the same year. Th('I'<' \'ertniulv l'nuld be no object iu the defendants l<'n\'ing thf'ir ho1111•s, i.:oi.ng into thr mountains, and rrnmining in hiding for the lurgel' portion of two months to a\'oid lhe publi<' authorities if their purpust>s in organizing- the snid society and tll(' t•ollPC'tion of tlw -.aid monry had been legitim11tc. . The defendants were clmrg<><l. ns having violated sedion :1 of _.\rt Xo. 2!)2 of thp l'nited :-ibttPs Ci,·il Commission. This st'c•tiou pro\'ides; "Evrry pl'l'son who i1l<'it<'.'>, sets on foot, ns,.;ist'I. or eng<tgt>s in a l'C'hcllion or insurr<•l'lion against tht' nuthority of tlw l'nitt•1l Htntf's "' "' " shnll, upon C'oll\'il·tiou. llC' imprisoned for not mon• than ten yenrs am! hi' finl'd not more tlmn $10.000." Fl'om the e\'i1lrnC"P lltlduced in this cnse WI' nn• of the opinion thnt th<' snit! d<'fe1ulnnts iu1• guilty. not of inciting. S('tting 011 fool. or assisting OI' t'ngnj.!ill,!.: in rebellion, hut rnthN of tlw crinw of conspirinj.! to o\·erthrow, put down, nml t!t•strov hY forl'r the <ton•rnmt>nt of tht> l'uifrd Htntt•s in ti'lt' Philippi1;e J."<lnn1ls. and therefore Wt' timl th11! tlw sai1l dt'f<'rnlnnt;i, nnd t'nC'h of tht•m, di\I, together with other~. in the months of February nnd :\fardi. OFFICIAL GAZETTE 505 HJ0:1, in tlw Pro\'ine(' of Bulacan, Philippine Islands, conspirf' to owr1hro\\·, put 1lowu, and to dl'stro.v by forel' the Uo\'Nnmcnt of tlw l"nit('1I l"-!tatcs in the Philippi1w Islands. The Court of First Instance. whieh trit'd the said d<'fendnnts, imposed upon Bt>nito \'crgam till' pt"nalt,\· of six yl'nrs of irnpl'isonuwnt and $.),000 fine. and upon Cristino Ongton the pc>nalty of four years' i111priso1111wnt and $2.000 fine, and that each r-lmuld pny om··lmlf th<> cost-;. Inasmuch as those who are guilty of a l'Ollspirncy to put dowu or c\(•Htroy by force the Go\'crnment of thC' t:nitt>d State,; in the Philippin<' lsland.s nmy he punishccl in ;i('cordance with tlw 11en1lit,\' i11qio;:;f'd in this case• by the court hl'low. it is the judgment of this court that the judgment of the conrt below IK' affirmNI as to the penalty i111pos1'd, and therE"fore it is lhc judg1t1E"nl of this com'l that Benito \'ergara hE" imprisoned for thl' lll'riod of six years and to pa~· a fine of $5,000, and that Cristino Onglon ht> imprisoned for the period of four ,Yf'ars and to pay a line of $2.000, and that each shall be adjudged to pay one-lmlf the l'Ost» of both instances. .\rrllano, C. ,J., T01T1•;., Cooper, Willard, i\lnpa. and McDonough, .r.r., eonC'ur. .J11d9mf'nf r1f!irmed. [No. 1245. March 21, 1904.J THE CS/1'f,'D STA'l'EN, complai11a11t mid <l/J/Wllcc, r-.~. CA81.·l.\"O NAADLU('A.P, deff'ndanl and UJJ/JC//mrl. 1. *CRIMINAi. LAW; HOMIC'ID1':.-Where It appeari; lhat serious wouud;. inlllcted upon a woman caused her tl<'a~b, ll_1e co~ielsslon of the offeni;<' uot being attended by any qual11lc;1t1ve circumstance. thl' crime mui;t b" da~sed ai; homicide, under the pro\·li;lons of article 404 of the Penal Code. 2. In.: A(a;nAV,\TlNG CrncuMSTANC'l>S: S~;x: Aog.-Where the proof ,.hows that the dcccai;cd was of advallccd age aud of the rcmale i;cx these circumstances must be co1rnldered in aggravation -0f the penally. CnIMINAJ, P1met;1Jttlm: COMPLAINT OR lNFORMAT10N: CONVICTION FOi\ L•:ss~:n o~·n;N>rn.-Notwitbstanding the fact that the offense charged in the informatlon is murder the accused can be convicted of homicide. bccause the latter offense ls necessarlly included in that of murder. and the violent death of a person constitutes hoiniclde or murder if its perpetration is attended by qualll!cative circumstanre~ requiring the higher penalty. _\PPEAL from a jndgnwnt. of tlw ('ourt. of First Instance of Misamis. TIH' facts lll"(' slatt>d in the opinion of lh<' court. . \:\"TO:\"IO Y. llBRRERO, for appellant. ~olic·itor·GP1wral ..\itA:"iETA, for 11ppl'lh·1·. TORRE8, ./.; On Xo\·l'mlwr 17, 1!)02, tlu• pro\·incial fiscal filed an infonnation in Uw ('ourt of Fir;.t Instance of ::0.lisnmis charging Casiano 8anc\lucap with the <'rime of murdn, in that the i;aid 8aadluenp in l8B!J, with 1•\·idPnt pn•mcditation, in .Jnlao-juluo, of the capital of ).Ji;.amb, with a c·11lting \\'C'apon, kill(•(\ <lll old woman mrnwd ilws ..\em.ta. c·outrary to tlw ,.,talntP in llw cas1' made und pro,·idc>d. Tlw accu,.,Pc\ pleadc'll nnt guilt,\'· From tlw te-;timony of An1ln>s Baal and that of an infidl'l :\Joor numcd Dnnga. gin•n at th<' trial. it appears that one morning in thl' ,\'('Ur l8!J!I about 8 o'dO(•L llw day nnd month not appeuring. tlw witnessps, who ll"<'n' going to assist tlw accu>ied in gath('ring cocoanuts, found him with l1loo(l ;.tains upon his clothing, 1war tlw corpse of n wonHHL lyin:.r foe1• downw11rd, with spots of blood on hrr shou\dPr; that the uecusl'C! tnld tlwm thnt lw had kill<>d tlw woman hecaUM' sh(• had tohl Fausto 8an•nas that lw, the aeC'us1•d. Imel ,.toll'n sOtnl' hnmuuh li(•longing to tlH' said 8arl'nas; that ht• then ask('(\ tlw witlll'SS('" to assist him in taking the corpst> to tlw place where \w propos.Pcl to .bury it; that tlwy refusPd to do this and •Hcadnole8 by Mr. JU8tlce Torre8. rnn away; that impelled hy curiosity they concealc>d thems<'h·p<; hl'hind smnl' bushes and then saw him, aided hv his wifr, Saturnina hy name, bury the corpse 1war a clump, of bamboo; that after Danga was imprbonccl, for some rPason which does not. nppear. the bod,r was Pxhnmed; that the witness Baal was subsPquently informed h.\' Fausto 8arenas that the aceu,.,Pd had told the snicl l-\pranas that he ha(\ killl'c\ th<' old woman lnc>s; this was three months aft<>r the oceurrcncl'. l•'austo Sarenas testified that lnps Acosta lived in a shed belong· ing to him from 18f.18 to l!JOO; that shl' died in l!JOO, thre(~ months Rfter llw AmCJ"icans arrind at l'aga~·irn; thnt on account of the woman's disappearance lw in!ititntcd a search for h<>r; Urnt. a rear afll'l·\nHds thl' accused, who .had \j\·cd near ti\(' witness's land long b('for<' the death 6f Ines am\ \\·ho was known to the witJl('ss as ]I(' frequently cunw to his hous1'. told him that hr \\'US the one who had killl'd the woman; thal this stntf'mcnt was madt> b.r the> acC'ui;ecl on<' morning in the prescncl' of ti\(' witne:;s's wif1•; that the accused made this confl'ssion upon being qt1cstio1l('d by thC' witn<>si;, who knc•\\" the facts hl'forelumd, having beC'n informed therl'of h,Y ll\(' suid Danga and Baal; thal tlw eorpsl' was disintf'ned in DccC'lllbl'I", l!JOI. C11rpio NPr,\' lestifil'c\ llmt onC' du,\' 1\·hil<' thl' accused wa>i in his hou:;e he askPd him to state wh~· lw had kill<'d the \Yoman, Ines; that the acrus<>d rc>plic>d it was hcc>aust' she had charged him \\·ith st<>aling bnnanas, and statl'd furtl\('r Umt on tl~at occai;ion hl', LI\(' accusecl, hnd nsked the witnl'>'s('s Danga and Baal lo hr.Ip him gather coeoUnuts. but that upon sl"eing the corpse of tlw woman th<'~' rnn away; that lhe wiln<>ss uskl'C\ U\(' accusc>d this IJUcstion as lw had already !ward thr foC'ti; from othl'l"s. Albina Tidmcuan t<'l'<tifi<>d that shl' lu·ard of lhl' oCCtllTC'nce aftc>r the ac· enscd was in jail. U1Kln this h•stimony, on F(•bruary !I, l!lO:J, the judg<' below rendered a decision condcting the accused and condemning him to th<' ]ll'!lalty of life imprisonment (curlnm /Jf'l'}Jf'ltw) with the costs de oficio. from which d<>cbion the dc•ft>rnlant appealed. Frnm the testimony of credible wilness<'s it lms bel'n shown that Ines Acosta was mortally wounded in thl' shoulder with a pocketknife and that her body was buried in the li<>hl ~1 short distance from the house of the accui;ccl. In riew of tlw fact that no qualificative circumstanct• was present in the connnission of tlw cr~mc• which \\·ould justif.v a higher classilication tlw offense must h(• rl'garc\1'd as homicicl(', defined and punislwd in article 404 of the P<>nal Code . Although the> accus1•d plPadPd not g-uilt,\• to tlw crime• of which ]I(' \\·as churgl'd, the proof of his guilt is entin•ly sullicicnt. We ha\"e nol only tlw testimony of ti\(' two witnc>is1•s who "aw hiii1, his elotlws ;.tairwd with hlood. burying t.lw eorpsl' of Ines Acosta, and tht> fact that slH' di-;appearl'd from that liu\(' on and tlmt her hody was found whC'n it wns cxhmm·d in Drccmber, l!JOI, but we also have the testimony of two otlwrs. om• of \\·horn was the <>mployl'r of the dec<>a,.,C'c\, who nllirnwd that tlwy heard thr ac•cused confess that he had killed the woman whos(• body was buril'd some Iri hrazas from his housC', from \\·hich pine<' it w11s suh"<'qll<'lltl,\' <>xhumed in the pn•sl'l\l'(' of Fausto 8arl'nas, the c•mploy••r of the dC'cc>asC'd. ('ons(•1pwntly the guilt of Casiano 8aac\lucap as sole prinl'ipal. h~· din•ct participation, of the cl"illll' of whieh he is charged, is unqucstionahh'. In the commission of ti\(' crinw agg-rn\'ilting circmnstancc Xo. 20 of article 10 of the PPnal Cod<' 11111,.t 11<' considered against the ac•cust•d h~· l"('ason of tlll' s1•x and ndnrnc1•d age of the dl'cC'ased, th<'I"<' hc>ing no mitigating circumstances lo olfs<>t tlws<>. Although tht' d<>fendant was cha1w·d wilh mnrdrr in tht> information, lw ean. m•\"l'l'tlwl1•1'<s, umkr the provisions of ti\(' procedural law, bc> convictPd of hornieicle, for this offense 11111." be considered ns includu<>d in tlw criml' of murder, as tlw \"iolent killing of a human being may constitut<' either of these crimes. For the reasons stated we arc of thl' opinion that the judgment 506 OFFICIAL GAZETTE below should he re,·el'sed and Casiano Handlucap com·icted of tlw C'rime of homicide and srntcnc1•d to ;;rvrnte<'n yrars four months and one day of rt!c/usiim /empon1f, with the accessol',\' penalties of absolute temporur,v dis1pmlification to ib full rxtf'nt. and :<ubjection to the vijrilanrl' of the authorities dminJ,! th(' perio(I of lh<' pC'nalty and for anothN rqunl pPriod to run from thr dnb.• of it:-; l'Xpirntion, to tlw pa~·1m>nt of 1,000 Insular pt>sos to the hrirfi of the d1•ceasl'd, and lo thf' costs of hoth instances. .Jmlg· mt>nl will he entered accordingly and the ca,,;e renm1u!C'd to the court hrlow for execution ther<'of, with ii ccrtifird cop,v of this decision. Arellano, (' .. J., Coop1•r, \\'illard, Mnp11, l\lcDonough, and John11011, ,J,J.. concur. J11dgmc11t modified. [No. 1353. March 22, 1904.J .-LV,t MARIA_ .1LC,1.Y'./'.-1ll.1, 11lai11tiff and ap11clla11f, 1:s . .lll(;f"HL Jl(J.VTJ~':ri'HORU, defendant and ap11ellec. AJ>J>J,;LLATY. PRon:JJl!RH; }o~INDINGS: 'JURISDICTION OF Arn:LLA'IE COUllT: MoTION FOR A N..:w TRIJ\.L.-ln tbe absence of a motion for a new trial upon tbe grouod that the nndings of fact are contrary to the evidence, the appellate court can not re\•lew the evidence; Its JurlsdicUon in such a case h; limited to deciding the qucstioni< ol law presented by the bill of exception!.. .-\PPBAL from a judgnwnt of the l'omt of First lnstanct• of l\laniln. Th(" facts arc statP1l in lhl' opinion of Uw court. Au'REDO l'ntcoTE, for appl'lhrnt. FELIPE G. l'ALDERO:'\ and URIWORIO PINEDA, for appellel'. TORl~ES, ,/.: On .Jmw a, Jn02, 8r1ior . .\lfrc>do ('liicote, a" attorne~· for Doiia Ana .Mari11 .-\lcantarn, filed a complaint against Don l\Hguel l\lontC'nC'gro aJIC'ging that the plaintiff was the owner of a house and lot situnt<•d in CallC' Soledad, of the District of Tondo, which said lot is hounded on th"' right b,Y th<' lot belonging to the dPfendant, on tlw lPft by an n111mnwd street, at th<' back hy lots belonging to Don Hermogenei'\ Fabian, Don Ua,·ino ,Juanengco, and Don Cleuwnt<' de! Rosario: that tht' arPa of the said lot was !Ji!J.64 square meters: tluit it was in the form of a trnpezoid and on thP ha<'k part of thr lot then· was a projecting piece measul'iug U.65 sq11arf' mrtf'r:-. on the right, and 6.45 square metPrs on the lPft; that tlu· d11frndant, on or about the middle of Drct'mher, UJOI, f'XCe<'ding th"' limits of his own land, willftilly and intentionally took poss<'ssion of part of thr land of the plaintiff to tlll' Pxtent of 2.20 squarP met<'rs, upou which hP constructf'd part of tin• building- 1•rPrted on his lot adjacent to that of tlw plaintiff, nnd to lwr damag<'. Upon thPse facts the plaintiff prayl'd for judg1m•nt ag-ainst the defendant, declaring tlu• 2.20 square metNs of land referrPd to to be lwr propert:r: that the plaintiff he restored to her rights and that she- recO\·er of the drfPmlant thP sum of $!00 as damag<'S for the wrongful posspssion b~· thr defendant of th"' said land from th<' month of D<'cemhl"r, lflOI, for the costs of suit, and such further relief a:-; might be just and equitabl<'. In his answl"r thC> drfPndant admitted th<' first part of tlw complaint, but alleged that h<' wa» mut\\'arC' of thr PxtC'nt of the plnintiff's lot. HP dPnh·d thC' statements in paragraph 2, and set np in dl'f11nse that although it was trnr that ]I(' had constrncted n building upon a lot belonging to him adjacent to that of the plaintiff hr had not gonP beyond the limits of the said lot, and had not taken possPssion of any part of thP plaintijf's lot; the dcfendnnt prnyed for judgment that the plaintiff take nothing by her action. The judge, upon tlwse pleadings and in view of the documentary and oral evidence introduced by both parties, rendered judgment .lunuar,y :H. rno:t for tlu• dPft•mlant, Montt·nPgro, with ti](' costs against the plaintiff. Jn its dC'cision th<' court h<'ld that thP hnrd('l\ of proof h<'ingupon thP plaintiff to l'.;tablish tlH' f;lcts all<'g(•d h,\" lll'r, till' 1•\"idl'llCI' introducNI in snpporl of the complaint was iusufficiPnt lo sho\1· tlmt she was tlw lawful O\\'llPl' of thl' 2.20 ><quan· meters of land occnpi<'d b~· tlw hontw of thl' cl1•ftondanl ('[ainwil 11,v hC'r, and thl"refore directr(l that slw takl' nothing hy lwr action. .\.s no mot.ion for a new trial was mad1• by the appC'llnnt npou tlw ground:-; mentionC'd in tlw srcond pnrt of parngrnph a of otrticll' 145 and in parngrapl1 ;J of artiC'lc 4!)i of tlw Code of Civil Procedure, this court can not l'<'Vil"w the evidl"!1cc taken in the court below, as in such a casi> lhc jurisdiction of the court is limitrd to detC'rmining q1wstions of law raised by· tlw appPllnnt in thr. assignment of Prrors 11llrg(•d to lut\'I" b!C'l"ll committP<l b,v llw eomt below iu th<' judg-mC'nt appC'aled. In this case the i;;upl"eme C'ourt acts ;1s a Court of ('assation and can not rl"dl'cidr tlw q1wstions of fact. Tlw plaintiff did not makP a motion for a 1ww trial, hut simplr ('Xel·ptl"d to thr drcision of tlu~ trial court, as app1•;us from page 26 of th(' bill of exceptions. TIH' court. in dl'eiding quPstion,.; of law rnisl'd by the bill of l'XCPption:-. in thl" hril"f of the app<'llant, is by tlw law bound to ahid" b~· tht• finding,, of tlw court bC'lo\\' upon tlw evidrncC' iutroducl'd by tlw partie.;. .' Thi' judg<' below lm\"ing d("t1•rmi1wd upon th(' evid<'nce that the ownl'rship of. thl" plaintiff to the 2.20 square metrrs elaim<'d by lwr was not JH'0\"1'11, for th<' n•asons abo\'C' stated, thl' jurlgml'nt of th(' court lwlow must bl' alfirnw1I, with the costs against the appPllnnt. ' .Judgment will h(• c>nt1•rl'Cl accordinglr twenty day;; from thC' datl" of thl' filing- of thh; decision, and thP case will be rcnmndP<t to the> court below. ..\r("l\ano, (_' .. J., Coopl'I", \\'illnrd, )fapu, l\foDonough, and ,Johnson, .1,1., concur. Judgment affirmed. [Nct. March 24, 1904.] 'l'HE F.YITED N1'.4.TL'S, ~omplaina11/ rwd appe/ler, rs. E(!Sf~'BIO l'ERSONA, defmid(rnf a11d appellanf. *CRl~INAL LAw: RArio:.-Where It appear;. tbnt tbe accused. armed with a bolo, met a woman on a lonely road, compelled her to go with him into a forest. and thf're by threats of death force(! h('r to "ubmit to sexual intercourse with him, he i" guilty of the crime of rape. APPEAL from a judgment of tlw l'ourt of Fi1·,,t h1stancl" of Tarlac. Tlw f1Lcts are stated in thf' opinion of thl' coul't. .JOSE l\b. ROSADO, for appellant. Solicitor-Genl'rnl ARA:;"ETA, for appPller. TORRES, ./.: On the ith of :\larch, 1903, the provincial fiscal of Tal'lac filPd im information in the Court of First Instance of that provinc<' charging Eusebio \·f'l'so;.a with the crime of rape, in thnt on the morning of ,Jarmar~· 21 last. whil<' Maria .. Junio. n uuuTiNl woman, was walking through the fields from her house in the town of Camiling toward the hanio of 8inilian, she was stopped b,v EusPbio \'ersosa, who, bolo in hand, compelled her to go into the neighbor· ing forest whcrr. hy means of intimidation. he sucC"('("ded in having sPxual intereousc with hn and thPn rN;trained hn of her liberty until the following day, this t•ontrar~· to thr statute in the case made and prnvided. In her sworn testimony the complaining witnes~ testified that she was lfJ years of age; that she wa~ acquainted with the *Headnote.'! by Mr. Justice Torres. OFFICIAL GAZETTE 507 defendant, Vcn1osa, as the latter frequented the house of her hrother which was a short distance from her own house, where sh(' had also seen him several times; that she was stopped by Versosa on the morning in question while walking through an uninhabited fi<>ld toward the barrio of Sinilian where she was going to buy rmgar; that she was compelled to follow him, being intimidated by his threats that he would kill her with his bolo if she would not go with him into the forest at Lasung; that while there he had sexual intercourr.e with her twice and restrained her of her liberty until the following day, when he permitted her to go; lhat the clothing she was wearing was torn; that on the occasion in question she was alone and did not see anyone in the said field, which was a long way from the town; that upon returning to her home she informed her husband of what had occurred. Balbino Libre, or Simbrc, also testified under oath that Eusebio Verso~a, the brother of a neighbor of his, frequently went to his house to get water; that the said Versosa one morning early in the month of .fonuary stopped the witness's wife in the road, and, threatening to kill her, made her go into the forest at a place called La.<;ung, where he had carnal knowledge of her and kept her in detention until the following day; that he had never heard that his wife sustaiMd illicit relations with the said Versosa. Upon this testimony the court below rendered judgment March 23, 1903, convicting the defendant of the crime of rape and condemning him to the penalty of fourteen years and ~n months of reclusi{in temporal, with the accessories and to the payment of the costs, from which judgment the defendant appealed. The defendant first pleaded guilty, but his attorney subsequently withdrew the plea and substituted for it that of not guilty. The act committed by Eusebio Vcrso.<;a constitutes the crime of rape, defined nnd punished in article 438 of the Penal Code. The evidence sho\~'S that Eusebio Versosa stopped a woman named l\Iaria Junia in an uninhabited place and by force and intimidation conve>yed her into the forest where he twice succeeded in having c~trnal knowledge of her by threatening to kill her. Although the accused pleaded not guilty his guilt is sufficiently establish€'d by the evidence. The defendant alleged that he had sustained illicit relations with the complaining witness and that on this account he frequented her house;. that on the 21st of .January they both went to the barrio of Barang and stayed together for four days in the house of one :Molis in that barrio; that one day they were surprised by Ramon Fernando; that the complaining witness had been his mistress for some two years, uotwithstamling the fact that she was a married woman; these statements, howcvel', were not proven and have been absolutely drnied by til<' complaining witness, Marin Junio, in her subsequent testimony. She testified that she was unable to return to her house at once, as the defendant would not allow her to go. The husband of the complaining witness in turn testified that he had been married three years and had Jl<'V€'r heard that his wife had made assi~mtions with the defendant, Vcrsosa, or sustained amorous 1'€'\ations with him. He further testified that he reported lhe facts to the trniente of the bal'rio of l\Iarnui on the same day his wife returned and informed him of the facts. This case concerns a crime which, owing to the precautions btk<'ll by the criminal, is generally committed in an isolated place where tll<'re is no danger that thC' assault upou the victim will IK' fi<'en. This case adds one more to the many with which the eonrts lm\·e dealt. It was committed in an uninhabited place, in l11c int€'rior of n forest, on the person of a nrnrricd woman Hl years of ag<' by a man of 30, armed with a bolo. B1•twel.'ll the assertions of the complllining wit ncss and the denial of llw cll'fC'rnlant, in \'icw of the nnturr of the crime, and the cir· eumstanres under whfrh it was rommitted, one can but be con· \'itwed that the chal'gr is trnC'. The> sworn t€'stimony of the 1lt•fernla11L himself slutws not oni~' that he is gnilty but thflt in atlc\it ion to this he has nutde assertions which tend to dishonor 189(\3--2 his victim, the accused affirming that she was his mistress but without pro\·ing or even making an attempt to prove this imputn· tion, by the testimon;-.• of the two witnesses whom he had sub· pa!nuecl for that purpo:;c. Consequently, in view of the absolute denial of the complaining witness and of her husband we can but conclude thitt the crime was actually committed, that the defend· ant is guilty, and that his exculpative allegations are false. :N"o generic, mitigating, or aggravating circumstance occurred in the perpetration of the crime, and consequently the ad~quate penalty must be imposed in its medium degree. Therefore we are of the opinion that the judgment appealed must be affirmed, with the costs against the appellant. Judgment will be entered accordingly and the case remanded for E'Xecution thereof with a cel'tified copy of this decision. Arellano, C. J., Cooper, Willard, Mapa, McDonough, and John· son, J,J., concur. Judgment affirmed. (1575. March 24, 1904.) TlfB UN/1'ED S'J',l7'ES, complainant a11d appcllce, rs. LAURE.4NO"MIJARES ET AL., defendants and appellants. 1. •CRIMIN4L LAW; MuRDER.-Where It appears that the deceased was struck whlle he was asleep, the assailant inflicting a severe blow on the back of his neck and also strangling him 1'lth a piece of cord brought for that purpose, the !nets constitute the crime ot murder, by reason of the concurrence of the qualitlcative circumstance of alevosia. 2. ID.; Pnll'ICIPALS.-Tbe criminal liability of those who, by virtue or an agreement and by means of a reward or recompense offered or promised, Induce another to commit a crime, Is that of coprlnclpals because their participation In the crime by direct suggestion or inducement is equivalent to moral coercion. APPEAL froln n. judgment of the Court of First Instance of Occi· dental Ncgros. The facts arc statC'd in the opinion of the court. P. Q. ROTHROCI<, for appellants. Solicitor-General AltANETA, for appcllec. TORRES, J.: On December 3, 1902, nn information was filed in the Court of First Instance of Occid<>ntal Negros bjr the provincial fiscal charging Pedro Mijares, Laureano :Mijares, Pedro Git, and others with the crime of murder, in that one Saturday prior to Novcm· bcr 11, 1903. for the purpose of appropriating to themselves certain lands belonging to Miguel Pastor, and of pl'cventing him from making any claim with respect thereto, his brnthers·in·law, Pedro Mijares and Lameano Mijares, who were working the said lands, in the houo,e of the latter, proposed to P<'clro Git and Lnurencio Serna! that they kill Pastor, promising a remunerntion of 100 pesos and clmrginp: them to commit the cl'imc with clubs to avoid the shedding of blood by which the crime might be revealed and in order that it might be attributNI to the cholern, which was lll<'n epidemic; that this proposition having been acccptc>(I. Git and Serna) determined to cnrry it out about mid· night on the said llth day of November, while Pastor was sound asleep in his house in Bontot, of the township of Escalante, in that pro\·incC'. in which house Git and Serna! were living as laborers employNI by the deceas('(I; that Pedro Git struck the deceased a ))('a\'}' blow on the neck with a pil'ce of wood and immediatel:r thereafter, with the assistanec of Julio Occia, Pastor wns boun;I with a rope, which had be€'n furnished for that pmposc b}• Pedro 1'lij1trC'S, and thus preventNI from defending himsC'Jf; that as thr rC'sult of the injuries inflicted upon him Pastor dird, and hi,; borh· was buried some hours afh•r in the cemetery to which it wa:;;; taken with the assistnnce of Basilio Situado, Petronilo Bcrdnga, and Eugenio Berdagn, of whom the first named wns suspectrd of •rreadnotes by Mr. Justice Torre~. 508 OFFICIAL GAZETTE having sustained illicit relations with the wifo of the deceased, for which reason the latter, some days before, had expelled him from his house, that Pctronilo Dcrdaga found spots of blood in the house but did not make any investigation, thereby giving an opportunity for the concealment of the crime. These facts arc proven by the confessions and the testimony hereinafter cited. On motion for the attorney for the defendants Pedro and Laureano Mijares, the judge directed that they be given a separa.tc trial from the other accused. This case was therefore proi.ccutcd separately from the principal case, No. 386, tried in the .same court in which Pedro Git and others are defendants charged with the same crime of murder. Jn this case judgment was rendered April 23, 1903, convicting the defendants Laureano .Mijares and Pedro Mijares and sentencing them to the death penalty, to be executed in the manner prescribed by the law of the Civil Commission upon that subject, the payment of an indemnity of 1,000 pesos to the heirs of l\Iiguel Pastor, and to the pnyment of one-half of tl1c costs by each one. It appears from the recm·d that the defendants Pedro and Laureano Mijares upon being arraigned pleaded not guilty to the crime of murder with which they arc charged in .the information. The crime upon which this prosecution is based was discovered· under the following circumstances: Maximo Gamao, about 8 o'clock in the morning of November 12, 1902, went to the cemetery of Escalante to get a carabao of his which was staked out there, and while passing by a grave he observed spots of blood on the gruss around the edge. The gravediggers who were there at that time told him that Miguel Pastor had been buried in that grave; Gamao immediately informed Claro Singson, municipal presideiit of Esealnntc, of these facts and that officer immediately went to the cemetery accompanied by Juan Alarcon, the municipal secretary; the justice of the peace, and Agustin G. Ilarber, the provincial sanitary inspector. The statements made by their informant were conoborated by their own observations and they then proceeded to exhume the body which had b~n buried in a grave barely knee-deep. In the grave they found the body of Pastor, which was immediately identified by the persons there present. The body was found to bc0 wrapped in a mat covered with blood. A hemp cord was found wound five times around the neck of the corpse, one end of which was bound to one of the arms. The face of the corpse was bruised and a lnrge wound was found on the buck of the neck, as also other slight abrasions on the face and one of the hands. From the medical certificate subscribed by ~fr. A. G. Barber, th<' provincial sanitary inspector above named, and by whom the bod.'' was examined after it was C'Xhumed in the cemet<'ry, it appra1·s that a deep wound was found on the back part of the head, the skull having been pierced bl'himl the right ear some two inches away from the petrous portion, apparently innicted h.'' n shnl'p·pointcd instrument; that the no!ie, mouth, and cheeks \l'N<' ohserYed to be bruisC'd and swollen, and certain wounds on on<' of the hands, which indicated that there had be-en n struggle. Thr inspector was of the opinion thnt the deceased had been strangled by means of the cord wound around the neck and that tlw wound in the skull, penetrating to the brain, from which a hng<> quantity of blood exuded. had bC'C'n innictcd afterwards, tlw dC'ath of the dccC'ased having been caused hy strangulation. PC'dro Git, onC' of tlw defendants in the principal casC', in which Uw rvid<'nce shows that he it was by whom the crime wns actually <'ommittC'd. tC'stifiC'd in this cnse that one Tuesday nftC'r· noon. which hc> snid was the 12th of November, l!l02. Pc>dro Mijares askC'd him to go to the house of his brother Laurl'ano; that he Wl'nt then• and upon hi!i arrival Lnurmno asked him cl'rtnin questious ronC'<>l'lling com«•nmtions he hnd had with l\liguel Pastor con· :>Nnin~ tlu- IHttrr's inkntion-;; LnurC'nno informrd him that he wac; ;rngry with hi-; brothcr-in-law,Pastor,nnd on this account proposed to him that he kill Pastor; that he did not accept thi.-; proposition at first, as he had had no trouble with Pa~tor, who wus, morl'over, his employer; that Laureano insisted and in the meantime gave him several drinks of wine telling him not to be afraid as he, Laureano, was a member of the town council and that they could attribute the death to the cholera and bmy the body immediately; that both the brothers so plied him with wine that he finally decided to accept the proposition; that the~· then sent for Laurcncio Serna!, who lived in the house of the deceased, and upon his arrival told him that if anything happened that night in Pastor's house, to keep quiet, beCause they had ordered that Pastor be killed; that Laurencio then said: "I have nothing to do with it;" that after he had supper in Laureano's house, the latter and Pedro told the witness Git not to use a cutting weapon, so as to avoid bloodslwd and that he had better use a club; tlmt thc;r then gave him a piece of hemp rope and a box of matches so that he might find the place where Pastor was lying if there was no light in the house; that by this time the witness was greatly excited and almost out of his mind, and, forgC"tting his affection for Miguel J>astor, went to the latter's house, struck a match, and saw that his victim was not lying on the bed but on thC' floor; that he thereupon struck l\Iigucl, who was lying on his side, a heavy blow on the back of the neck, whereupon the wounded man commenced to call for l1elp; that the witness then. tied the rope to one of the arms of the deceased and took several turns with it around his neck, at the same time calling upon Laurencio Serna! and Julio Occia to come to his assista11ce, which tlll'y did, holding the cleceasecl clown; that he then went to look for Pedro Mijares and reported Pastor's death to him, whereupon Mijares went to the house for the purpose of seeing whether Pastor was 1·enlly dead, and, finding him a corpse, said: "Pardon me, brother Miguel;" that upon this Pedro Mijares and the witness left the house to get some pieces of bamboo, with which they returned to the house of the deceased; that with this bamboo Laurcncio Serna! made a crate, in which the body was placed after it was wrapped in n mat as though it were a bale of tobacco; in the meantime they went to the house of Laureano Mijares to tl'll him that his brothcr-inlaw, Pastor, was dead; Laureano ordered them to bury the body at once but did not go to see the corpse nor accompany them to the chapel; that for the purpose of burying the corpse tllC'y calll'd upon Ba.silio Situado and Eugenio Derclaga, who, with the witnesses Laurcncio Serna! and Julio Occia carried the body to the cemetery and buried it before daybreak, Pedro lilijarrs hiwing remained in the house to get breakfast. The witness nddrd that when he and Pedro Mijares told J,uurcano l\fijares that Pastor was dcacl, Pedro demanded of his brother that Toma!i l\lorin, 11 son·in-lnw of the latter, should assist in the burial, but Laureano would not consent, saying that Tomas was obliged to look after his wife, who was just recovering from an illness; that the witness had nc1·cr receh·ed the money which the Mijares off<>n•d him, because they were immediately arrested; that while he was in the house of LaurC'ano l\Iijnres on the day in question, Tomas :Morin and his wife irnd some children were also there but th<'.'' did not hen!' the COlff('l'Sation between the witness nnd the liiijnl'cs bcca use they were in the kitchen. Petronila Berdagn testified that nbout 3 o'clock on the morning of Xovcmbcr 12, Pedro Git, Pedro l\Iijnres, nnd Julio Occin came to his hom;C' and asked him to assist in cnnying the body of l\Iigucl Pastor to the cemetery, saying thnt he hacl died of eho!('l'n; that he declined to go but directed his brother Eugenio Ilerdnga to do so; tlmt on the following day, in the morning, upon going to the <'hapel, t!IC'y found this man there without the body, which had already been buried, and at that timC' ob,.C'n-ed t-.omc spots of blood on the floor of tllC' house; that Git al"sur<'<I him that the dt'!.'l•ased had bc>en passing blood tlnough thC' rc<'tum; that he snbSl'~llll'ntly heard that Pustor did not die of cholera but had been mmdcretl and that hi;; nssa:ssins hn<l been arrested. OFFICIAL GAZETTE 509 Paulo HNnal tcslifit•cl that on the night of the murder he went to hed with Miguel Pastor and npon awakening the following morning found that l'aslor was not in bed; that subsequently, wlH'll thrv were all arrcstrd, he learned that Pastor had been killrcl ami his body buried. LaurC'ncio Hemal, Eugenio llerdaga, and Basilio 8ituudo corroboratrd the testimony of Pedro Git. HNnal l<'stified that whe!n he was aroused by the cries of Miguel P1l~lor, in whose house the witness was slcC'ping, there being no light, he sat up and began to feel around the floor to find the place whc•rc l'uslol' was lying; that when he touclwd Pastor, Git struck a light and then he saw that Pastor was dead, with one hand tied lo a rope, which was wound around his neck several times; that . Julio Occia was sitting by tlw side of the corpse, near which he saw a pie-cc of wood about as thick as a man's arm; that he sub· .o;cqnC'ntly heard Pedro Git state that he it was who had wound tlw cord a.round the dead man's neck. Basilio Situado and Euge· nio Hcrdaga tcstificd that they had helped conn~y Miguel Pastor's body to the cenwtery and were told by Pedro Git that Pastor had died of cholera; that Git and Pedro i\lijai·es went to their house and asked them to render this service, but that they did not see tlw corpse, which was already wrappl'd up when they arrived; that wlwn tlwy asked Pcrlrn Git about the drops of blood which Berdagii afterwards obsened upon his trousers, Git replied that the decl'ascd lmd been passing blood, although they subsequently ll'~H1wd that h<' had been killed and that his body was found with a cord wound a round the neck. .Apolonio Quintao, a Constabulary corporal, who arrested the accused, said that after they were all arrested, Pedro Git con· f('SS<'d that they had killed Miguel Pastor by order of one Guiao, lht> uicknaml' of Laureano Mijar<'s, who had offered 100 pesos to ha\'c this done, which money was to be paid after the corpse was buried; that this conversation was heard by several mem· hl'rs of the Const.al.mlary and by Git's codefcndants; tlmt Laul"C'nno had also said that Git's debt to Migul'l Pastor would be cnncC'll<'d in addition to the remuneration of 100 pl'sos if Pastor wns killed. Tonrns Morin tcstifi('(l thnt about 3 o'clock in the morning of thl' dny i\Iiguel Pastor wns killed, Pedro Mijares and Pedro Git. canw to tlw house of the witness's father-in-law, Lattrl'ano Mijares, and infornwd the latter that Pastor had died of cholera. L'pon this cvitlencc, the court below, on the 2:M of April, 1903, r<>rnit•n•d judgment convicting Laureano Mijares and Pedro Mijares of lhl' criJH(' of murdC'r and condC'mning them to the death penally, to hi' executed in the form prescribed by the law of the Ci\'il Commission to pay the heirs of Miguel Pastor an indemnification of 100 pC'sos, and to pay the costs of the prosecution. The comt. 1lirC'ct('(\ that the judgment be sent to ihc Supreme Court for n•vif'W. Both the dC'fl'mhmts app<>nlcd. Tlw facts relat.<•d, fully cstablh1hecl hy the cvidl'ncc and hy tlw confession of the nmtl'rial author of the violent dl'ath of i\lig:1wl Pastor, constitut<' the crime of murder. The evidence shows that late at night on Novemher 11, 1902, while sound nsle<'p, a lwin-y blow was inflicted upon the dccl'l\sed with a pil'N' of wood, producing 11 S('rious wound on the back of the 1wck and, whil<' suffering from t.hC' stunning cff<'cts of thi.:; :1Jow, he was strangled with ~i rope womul around his neck. Thi' a,;sunlt. wo1s made treacherously and with no risk whntc\'er to llw nssailant which might arise' from an attempt at self-defense on tlw parl of the dl'et•as('d. Consl'quently there can be no doubt ns to the concurr<>ncl' of the qualificati\'f' circumstimcc of alero.~ia in th<' commi,.sion of the crinw. Thl' r1•:-ailt uf the ocular inspecfion concluctcd by the local a11thoriti1•s nml llw sanitary olli.cl'I" in the l~mcby of the town of J<:._calunlt-. a frw houl"S 11ftl•r the crime wns committed and tlu- body hmied; tlw conlt-xt. of tlw el'rliliciltl' i,:;sucd by the physician ns Llw J"('sult 9f his 1•x11minnt.ion of ti\(' eorps<', upon the neck of which a serious wound was found, and a number of slight abrasions on the face and one hand; and the c\·idcnce of strangulation by means of the rope which was found around the neck-all confirm the testimony of Pedro Git, by whom the crime was materially executed, his statements hl'ing corroborated by those of the other accused Laurencio Sernal and Julio Occia, who participated in and were eyewitnesses to the perpetration of the crime. The guilt of Git, Sernal, and Occia, having been determined in the decision rendered a few days before by this court, and as this prosecution concerns solely the question of the partici· pation in the crime of the defendants herein, the Mijares brothers, this decision must necessarily deal with them alone . The evidence for the prosecution with respect to the defend· ants, Laureano and Pedro Mijares, given the weight it merits in the exercise of sound discretion, is sufficient to fully convince the mind of the guilt of these two men, who doubtless conceived the idea of the treacherous killing of Miguel Pastor and pro· posed its execution to Pedro Git, of whom they availed themselves for the commission of the crime, promising a remuneration of 100 pesos. The explicit and insistent testimony of Pedro Git in which he accuses the two :Mijares brother.; as the instigators of the murder of .Mignel Pastor, which charge was first made against them by him when he was arrested and was rCpeatcd frequently with all the details of the conference between Git and the :Mijares brothers, held on the afternoon of the day of the crime, of the flattering promises they made him, of the conduct of these brothel"s who plied Gii with wine until he was thoroughly intoxi· cated and prepared to execute their criminal design, all the <letails of the commission of the crime, and the burial of the body in the cemetery and the fact that Git immediately notified Pedro i\Iijares· and subsequently Laureano Mijares that Pastor was dead and the fact that the testimony of Git has not been cont.rndicted on any essential point but has rather been confirmed by the statements of his codefendants, Sernal nnd Occia, and by the testimony of the other defendants who were acquitted, show clearly and evidently the truth of his assertion-that is, thnt. Laureano and Pedro Mijares were actual participants in the crime of murder, herein prosecuted as instigators, there being nothing in the record to induce the belief that the charge ngainst them is false. Pedro 1\Iijarcs, upon being informed by Pedro Git that his brother-in-law, :Miguel Pnstor, was dead, which information the brothers were expecting that night, after their proposition to commit the crime had been accepted by him, immediately left his house and went to the house where the crime was committed, for the purpose of determining whether his brother·in·law, Miguel Pn,:;tor, was really dead. He then left the house accompanied by Git for the purpose of making preparations with all possible hnste for the burial of the body, and for this purpose requested Basilio Situndo and Eugenio Bcrduga to assist in carrying the body to the cemetery; while the bamboo crate in which the body wits packed wns being prepared, 1\'Jiguel Mijares and Pedro Git went to the house of Laureano Mijares to tell him that the projected murder hnd been accomplished and the defendant, Laureano, told them to bury the body at once uud refus<'d to send Tomas :Morin, his son-in-lnw, to assist in the buriuJ. It appears, therefore, that after Pastor was dead, P('dro i\lijarC's took an active part in the concealment of the body, while Lau· rl'ano i\Iijares, in whose house tlH• murder was plolt<'d and who proposed to Git. the commission of the crime, got him intoxicated nm! provided him with a rope and matches, locked himself up in his house, am! did nothing more than dil"ect that. the body should be immediately buri1•d, but without. hu\·ing had the cournge to look ut tlw l'orps<', ns llid his brother Pedro. Consequently it nppt'nrs to lw ubsolull·ly Ct'l'tain t.hnt. both brothers concurred 510 OFFICIAL GAZETTE with Git concerning the commission of the cl'ime, inducing him to the death penalty imposed. Article' 79 of the Penal Code reads kill their UJifortunate brotlwr-in-law and be the instrument by as follows: which their wicked plans were to be carried into effect, as the im1trumcnt ha!!'. fr<•qucntly testified with the gn•atest spontaneity and frankness. J does not appear from the record that Pcdl'o Git had any ill will or personal grudge against Miguel Pastor, of whom he was an employee and in whose house he was Jiving. On the other hand it appear.<; that the deepest resentment and hatred existed on the part of the .Mijares brothers against their brother-in-law, i\oligucl Pastor, on account o~ the ill treatment he had inflicted upon their sister, Donata )fijarcs, the wife of the dece<Lsed. Consequently there can he no doubt in deciding the cause of.Pastor's death that they were moved to do so by the spirit of revenge. This l"iew is ~orroborated by their conduct subsequent to the death of Pastor. The defendants pleaded not guilty. They did not testify as witnesses, but their counsel called in their behalf three witnesscsby name Dolores Labadia, the wife of Laureano; Tomas Morin, his son-in-law; and Onofre .Mondoiiedo, an herb doctor-who testi· fied that they did not sec Pedro Git in the hou>:1e of Laureano at the time of the conference concerning the killing of Miguel Pastor took place. This testimony in no degree overcomes the force of the testimony given by Git against Laureano Mijares, for it is not to be expected that Laureano's wife and son-in-law should testify to his prejudice or that Morin would testify to having been present at the time the agreement was entered into between his father-in-law and Git, together with Pedro Mijares, for the purpose of murdering .Miguel Pastor. With respect to Mondofiedo, ihe herb doctor, whose testimony to a certain extent is contradictory to that of Tomas Morin, iu view of the fact that he did not live in the house and had only gone there for the purpose of visiting some patients whom he said were there, it is very possible that he did not see Pedro Git, or else was not aware of the latter's presence in the house. Consequently the testimony of these witnesses is not conclusive and is not of sufficient weight to overcome the testimony of Git or even to raise a doubt concerning it, in view of the fact that it is corroborated by other circumstantial evidence which, considered with it, leaves no room for a reasonable doubt us to the truth of the chargt•. In the opinion of the court, with the exception of the qualificative oircumstance which elevates the crime to murder, no generic, aggravating or mitigating circumstance should be regarded as concurrent in the participation of the :Mijares brothers in this crime us instigators. Consequently the penalty prescribed by the law must be imposed upon them in the medium degl'ee. For the reasons ~tilled, we are of the opinion that the judgnwnt of the court below should be ren•rscd and l'UCh of the defendants, Pellro nnd Laureano 1\lijan~s, convicted auJ condemned to the penalty of life imprisonment (cadcuu perpetua) with the acc(•ssories of civil interdiction anJ subjection to the vigilance of the authorities during their lifetime. Should the principal pt•nalty be rernittrd by pardon, they shall then suffer the penalty of ab>:10\ule Jll'l'pdual disqualification and subjection to the vigilnnc•1' of the authoritil's for their lift•time, unless this accessory penalty should be t•xprcssly n•mittcd in the pardon of the princi· pal 1wnalty. Tlw.r arc also contlc•m11NI to the payn11•nt i11 .'!olidum and pro ra/11 of an ind1•11111ification of 1,000 insular pl'sos to tlw lwirs of tlw d(•c1•asetl and to the pnynwnt t•ach one of 01w-ha\f of th<' costs of the prosecution. ,Judguwnl will be l'llt(•rNI accordingly and the case n•miuHl('(I for execution tlwn·of, with a certified copy of this d<'cision. Arclhu10, C .• J., Coopn, Mapa, aml ::\fcDonough, JJ., concur. \\'1L1.ARU, J., with whom concnr,.:; ,fQJl:\'so:-;, J .. dis»enting: I am of tht• opinion thnt tlw j11elgnwnt :,:hould be confirnwd a11tl "Those [circumstances] which consist in the material execution of the offense or of the means employed for its realization, shall S<'l'Ve to aggravate or mitigate the responsibility solely of thosl' who hild km~wledge thereof at the time of the act or of their cooperation for the commission of the crime." The defendants had knowledge of the aggra\"ating circumstanrt• of alevosia, of nocturnity, and of the commission of the crime in a dwelling house at the time of their cooperation to that end, because they themselves suggested to Peuro Git that he shomd commit the crime in the very way in which it was in fact committed by him. ,Judgment modified. [No. 1297. March 28, 1904.] TllR UNl7'RD RTA'l'BS, complai11ant arid appcllcc, vs. JULIO JIBNDOZA RT A.L., dcfc11dants and appellants. CRIMINAL LAW; ILLEGAL DETENTION; AGGRAVATING CIRCUllST\NCES: UNNECESSARY CnuELTY.-Tbe accused. not being peace omcers, unlawfully arrested the complaining witness and kept him In couftnement for several hours. They kept him bound to a post during this period and beat him severely. Held, that the accused are guilty of the crime of illegal detention with tlt,e aggravating circumstance of unnecessary cruelty. APPEAL from a judgment of the Court of First Instance of :Manila. The facts are stated in the opinion of the court. VICE~TE R. DELOAPO, for appellants. Solicitor-General ARANETA, for the Government. TORRES, J.: Ou March 24, 1903, the prosecuting attorney filed a complaint against the thl'cc defendants, charging them with the crime of illeg1tl detention committed as follows: That on 01· about the 21st of i\farch, 1903, the said Julio l\.'lemloz.'\, Santiago Santos, and Cirilo Cueto did willfully, unlawfully, feloniously, and by impersonating peace officers detain and depri\·e of his libei-ty in Manilo., Philippine Islands, one Mateo Ventura, a youth of II years of age, and inllict upon him serious wounds, thereby endangering his life, and confined him in the office of the pail-system station in Tondo, and did actually bind his hands and feet with a rope and tic him to n post, in which state he remitincd twelve hours, more or _less, contrary lo the statute in such cases made and provided. l~rom the record of the trial had it appears that the lad, Mateo VC'utura, testified undN oath, that orie night, date forgotten, he wns detaiiwd on Acc>ytcros Sheet by the defendants who maltreated him and thc>n took him to the police st.ition, where he wns given his libC!rty; that Cirilo Cueto then took him to the o!Iice where they W<'re t•mployed, nnd on his arrival there Santiago Santos maltreated him and then bound his hands and feet with a rope to a post and that h<' rc>mai1wd in this stale, watched by Julio I\lendoza, till the morning of the following day when l\Icndoza st't him at liberty; that his h<mds and feet showed the nmrks of the rope, he having bet'n bound very tight and having thereby suffered nil the hours of his detention; that this illtrcatment was d1w to the fact that, fppJing the necessity of relieving himself, he hat! entert'd a publit' water·C'loset near the sl'a nnd in order to see if the sc>at mu;; cll•an, he had lighted n match which he then thr<'w in the bowl. causing some pnper in it to burn; that he was then caught by Cirilo C1wto who accused him of being nn incen· diar.y and took him to tht• police station, where Corporal Jadoc set him at JilK'rh; thut, notwithsbrnding this, the said Cueto took him to the olli<'(,' of thr pnil srstem, here Snntiago struck him and bruised him on th<' shoul1ler and continue!I striking him despite his t•ri1's aud ll·ai·s: that tilt' ."\ai1l Hnnto;; and Cueto slapJM'cl him OFFICIAL GAZETTE 511 and stnick him wiih their fists; that Santos ordered then his detention in the said office. Police> Corporal Simplicio ,Jadoc confirmed Ventura's statements am! testified that the latter was bl'ought to the police station by Cirilo Cueto hetwl'cn !) and 10 o'clock of the night of the 20th of i\forch; that upon investigation he found the. charge unfounded anJ set the lad at liberty; that the following day the lad came back, while Pail Inspector Rusen was there, and on examination it was found that his hands showed rope marks. Police Captain ,Jose Crnme testified that the boy, V<'ntum, was brought to him the morning of March 21st, having been arrested ns an incendiary Um previous night; that he held an investigation and the boy told him what he had done in the public water-closet, and of his nmltreatmcnt and detention; that Corporal Jadoc had confirme<l the hoy's statements; that finding no reason for holding the boy, he set him at liberty; that he had the defendants called before him; that Santos confessed to the detaining of the boy to avoid his escap<' and for the purpose of reporting the matter to Inspector Rusen on the following day. The facts in the case, fully established by the testimony of trustworthy witnesses and by the confession of two of the defendants, constitute the crime of illegal detention defined and punished under article 483 of the Penal Code, inasmuch as the defendants, lacking authority ih<'rcfor, and not being peace olliccrs, did apprehend the boy, l\lateo Ventura, and detain him jn the health inspector's office for over eight hours with his hnnds and fc<'t bound to a post, this without just cnuse. Even though w<' accept the theory advanced that he was detained for the pmpose of delivering him to the authorities, through Inspector H.usca, for attempted inccmliarism, the defendants ue still li11ble, not only because they maltreated the boy when they arrested him, and aft~rwards when they bound him to the post, but also h<'caus<» after taking him to the police station where he was (lisclmrgcd after the investigation held, they detained him again nnd took him to thcii· ,office and there maltreat<'d him once more, kc<'ping him tied to the post till the following day, there is no doubt that the dcfendunts are guilty of the crime defined in arti<'lc 483 of the Penal Cod<'. D<'fcndants pleaded not guilty. Cirilo Cueto stated under oath that .no one ordered the detention of the boy, Mateo Ventura; that he simply took him to the ollice of the pail system, where lw left him to wait for the anival of the inspeetor; that he had ordered no one to hold the boy in said office; that the following day he learned that Santiago S:intos had beaten the boy, but d<'nicd having maltreated him when hr. ancstcd him at the public wi~tcr-clo.;;<'t and hefor<' taking him to the poliee station; that although the boy had been set at liberty by the police corporal, defr•mlaul had tak<>n the boy to his office to 1·eport to the inspC'dor, in whose absence d<'f<'nclant left the body in charge of a woman, who appears lo be a servimt, and who was to' tell the said inspector; that Julio l\ft.ndoz:i was there. Julio l\lendoza tcstifi<'s that }.lateo Ventura was detained one uighl by Cirilo Cueto; that the boy was kept in the o!fice from IO of said night till G of the following morning; that defendant 1·1·main<'tl thnt night in th<' oflic<' where Cueto had charged him to walC'h ilw boy; that it was Santiago Santos who bound the boy, but lhat foul" minutes after Cueto had left Santos untied th<' hoy by onler of the wifr of the tlwn absent im1peC'tor; that lu· di1I not kno\\" who had orderC'd the arr<'st of the boy nor who ha'l mallrcutc1l him. Bmt IL. llmril, a witnC'i;s cnlled in l'l'buttal, testified that he was ncqm1intt•d with Cil"ilo Ctwto, who is in charge of the waterelos1•ts of the A<'<'yt<'ros ~tn>1•t; that 1wither Cm•to nor nny other p1•rsou in clmrg<' of said clos<'ts had authority to arr<'st anybody. D1•spit1• tlw stntcnwnts of defendnnts their guilt of cil'taining tlw boy without an:r j~t C'~lU"<' is el<>nrly demonstmt<'d, especially in \"i1•\\" of Uw f1wt !hut h<' had ht·C'n disclmrgNl by the poliee of the district for the uncertainty of the charge. Even though defendants may have intended to send the boy to the authoriti<'s through their inspector, Rosca, they should have reported the matter to said inspc<'tor without waiting till he came to the office the next day. In thf' m<'an time defendants maltreated the boy and tied him to the post without any reason wlrnknr and contrary tq law. Such unlawful abuses can by no nwans be allowed, particularly when the victim is a lad of 11 or 12 years of age. In the commission of this crime aggra,·ating circumstanC'e N"o. G of article JO of the Penal Code must be t:iken into account in view of the maltreidment inflicted, which was certainly unnecessary punishment and, as there is no mitigating drcun;stance, the penalty must be imposed in its maximum degree. For the reasons stated it is our opinion that the sentenre of the court below must be reversed, and we sentence Julio l\Iendoz11, Santiago Santos, and Cirilo Cueto each to six months of ar1'esto mayor, the accessories of article 61, to pay a fine of 1.250 pesetas, and in case of insolvency to subsidiary imprisonment not to exceed two months, and payment of onc-thil"d of the costs each. The reeord will be returned to the court below with a certified copy of this decision and of the judgmC'nt to be entered thereon. So o!'dered. Arellano, C. J., Coop<'!", Willard, Mapa, J\foDonough, and Johnson, JJ., eoncur. Judgment modified. [No. 1648. March 28, 1904.] T/IR UNITRD HTATES, complainant a11d appcllec, vs. QUIRINO PABLO E'l' AL., defendants and appellants. CRIMINAL LAw; THEFT.-Convlctlon for theft sustained. APPEAL from a judgnwnt of the Court of First lnstanc<' of Manila. The facts are stated in the opinion of the court. EULOGIO R. CHAUCO, for appellants. Solicit.or·Gencrnl ARA.NF.TA, for nppelle<>. \YILLARD, J.: We are convinced that the appellant Quirino Pablo is guilty of the theft of the harness. \Ve doubt his guilt as to the 800 pesos. The harness was especially entrusted to his care, but he had no possession of the 800 pesos. They might haYe been taken by his codefendant, Dionisio Olivar, who fled from the house the same night that the defendant did, and as to whom the CHS(~ was dismissed on motion of the fiscal. The judgnwnt is i·cverscd and the defendant condctcd of the crime defined nnd punished in articl<>s 517, 518 (4) and 520 (2), and sentenced to three years of pl"csidio correccio11af and to pay an iudcmnity of 28 pesos to the party injured, with the costs of this instance and one-lmlf of the costs of thC' first instance against the appellnnt. Arellano, C. J., To1T<'!l, C'oop<'r, Mapn, :\lcDonongh, and ,Johnson, ,J,J., concur. ./t1dnment motli"ficd. [No. 1670. March 29, 190-l.] R.1.110:\'..1 'l'RJ':\.lD.·ID, complai11a11t and appclfmil. rs. RDll.INDO JAHAIJR, d<'fc11da11t and appcl/ee. CRIMIN,l.L PROCl:DUilE: co~U·LAINT; EXA~llN,1.TION OF ISFOll~l,1.NT.­ Wben a sworD complaint. charging 11 desii;nnted person wltl.i the commission of a crime Is presented to a court, it is the duty or the court to 110ld an ln\'estlgntlon nnd it is error to dl1U11iss the complaint becQ,use not presented through the mediation of tile Pro~ecutlng Attorney. 512 OFFICIAL GAZETTE APPEAL from an orJer of the Court of First Instance of .:\Ianila. The facts ar<' stated in the opinion of thC' court. HA~ms SALll'iAS, for app<'llanL :\I. CAnIN'GAJ,, for appellee. :MAPA, J.: , Section 3 of G<'ncral Ordl'rs, ~o. !lS, providl's that all public offenses " " * must be prosecuted by complaint or information. Section 4 defines the complaint to be a sworn written statf'ment made to a court or magistrate, that a person has been guilty of a designated ofTensc. It differs from the information in that the latter must be filed and signed by the prosccut· ing otlicer or his deputy as provided in section 5. Section 13 provides that when a complaint or information is laid before a magistrate he must examine on oath the informant or prosecutor, and the witnesses produced, and take their dc>positions in writing, causing them to be subscl'ibed by the parties making them. Upon receiving the writing filed by Ramona Trinidad under oath, charging Eduardo Jumbe with the crime of having abduet<><l, with lewd designs, the complainant's <laughter, by name Consuelo NaYarro, it was the duty of the court to have proceeded to investigate the facts denounced, either citing the Prosecuting Attorney to intenene and dil'cct the prosecution, or else transmitting to him the papers in the case so that he might hold such preliminary investigation as he might see fit. The court was without authority to dismiss the complaint, because not presented through the mediation of the Prosecuting Attorney. Such a proceeding would make it impossible to prosecute crimes upon complaints, wl1ich would be contrary to the express provisions of section 3 of General Orders, No. 58, above cited. '!'he order dismissing the complaint is reversed and the judge is directed to proceed to hold an inn>stigation as to the offense charged, upon noticc to the Pros(•cuting .Attorney in the manner pr<'scribed hy law. So ordered. Arellano, C. ,J., Tones, CoopC'l', 'Yillard, McDonough, and .Johnson, JJ., concur. Order reversed. [No. 1072. March 30, 1904.) MANUEi, ABRLLO, plaintiff and appellant, vs. PAZ KOCK DB MUiYASTERIO, defendant and appetlee. 1. OPEN WILL; PROTOCOLIZATION; PROBATE.-The fact that an open will executed before a municipal president with all the formalities pre;crlbed by the Civil Code, was not Hied with a n&tary public within the period prescribed by tbe law Is no ground for refusing to admit It to probate. 2. NOTARIAL LAW; CIVIL CODJ!; WILLS.-Tbose provisions of the notarial law which permit local pres\dent8, under certain circumstauces, to perform the duties of notaries public In connection with the execution of wills were not repealed by the subsequent enactment of the Civil Code, APPEAL from a judgmC'nt of the Court of First Instance of OcCidental Negros. The facts are staled in tlw opinion of th<' cottrt. R. x. OROZCO and li'ELII'~: G. CALOEROS, for appellant. P. Q. RoTnROcK, for ap1wlle1'. TORRES, J.: Mamwl Abcllo y Bayot, ns <'xecutor of the frstanwntary <'stat<' of Jo;;efa Montilla y ,Janson, 1lcccascd, in his own name and on bt•lmlf of l'1•tronilla l\lontilla and Juana Montilla, also executrices of llw said 1•sltth', on llw 22J. of .Jnnunr~" 1!)02, filed in thi• Comt of 1"irst lnstnnce of Negros Occid<'nlnl the will of tll<' said .Josdn :i.\lontilln, in order that afie1· tll<' designation of tht• liull' nnd pine<', and notice to thl' parties in inh>r<>st, tht• !-llllllt' might ht• iulmilll'll to p1·nh11tc• in l\CCOl'dilll<'t' with llw Pl'I" vailing laws and declared to be the last will of the testator. The will appears on page 3 of the printed trnn;;cript of the proceedings brought before this court by ,·irtue of the appeal. Notice of the day S<'t for the probate of tll<' will was publishPd for thl'ee const.'cuti\'e weeks in the newspapC'r El Tirmpo, published in lloilo, us bt.'ing the paper of greatest circulation in ti)(' Island of Ncgros. Attorney P. Q. Rothrock, on behalf of f-if'ftora Paz Kock de 11onasterio, on th(' day set for the hearing, thC' 13th of May, 1902, filed a petition praying that the said will be <lf'clared null and Yoid, and that the petitioner be appointPd a<lministrntrix of the property h•ft by JosC'fa :\lontilla y .Janson, deceased, and for such other and fnrtlu•1· relief as the conrt might find conformable to la\\· and equity. The court below, in vii>\\' of the will nncl of tlw rcsult of th<' testimony of thf' pre!lident and municipal sC'cretary of the town of Pulupandon, and of the three witnesses who were present at tlw cX<'CUtion of the said will, rendered a decision on August 8, 1902, refusing to allow the will presented, and which purports to have been executed by Josefa ::\Iontilla March I, 1899, upon the ground that thf' said will was not duly l'Xeeutcd in accordance with tlw laws in force in thP Philippine Islands, and mor<' e1>1wciully in accordance with the lnws of the Island of Nt•gros. The will in question was CX<'CUte<l umh•1· the r~gime of tlH' Civil ('ode and the Notarial Law, and with n·spect to its forms and essential requisites, the present Code of Civil Proet•clure is not applicable. That Code became opcmtivc October I, l!lOli whereas the will was exeC'utC'd l\lareh I, 1899. This being so, and taking into considerntion the fact that the will in question was opposed not upon tl1<' ground that ii wns a forgery, but upon the ground that it was a nullity by reason of the dl'frcts attributed to ii, it appeus that the court below held in the decision appC'aled that the instrunwnt pn•sented by Seiior Manuel Abello as the will of Doiia Josefa Montilla contains all the requisites cstablislwd by the Civil Code for the validity and enforceability of open wills, and that it was executed befol'c an oHicer who at that time CX<'rcised the fun~tions of n notary, and that therefore the document was of the charncter of a public instrument under the lllw. Ho\\'e\-t•r, notwithstanding this conclusion, which was 1•11tin•ly in conformity with the law and the result of the edclcnce, tlw judge held that the said document was without legal value as an open will of Josefa Montilla, licCC'asc<l, because it was not protoeolized within the twenty.four hours prescribed by article i of the Xotarial Law, or within the thirty clays' time fixed by Genernl Orders, No. 210, issued by the president of tlw Island of ::\'egros, November Ii, 18!18, n special law promulgnt<'d by the Gon'rmnent nt that time in contrnl in that islllnd in substitution of the GO\'ernmC'nt of 8pain. Consequently if the instrument or document in q1wstion had bC'Cll . physically attached to the pl'Otocol and had bPcn sent h:r the local pre8ident, befon• whom it wus ex1•cut1•d, to a notary public 01· to a delegate of justice of tlw gO\·ernuwnt of the PrO\·inct' of Xc>gros, it would ha\'C the character of an open will of .Josefa :i.\lontilla, deceased. The fact is that these pl'oceedings were instituted, not for tl1<' protocolizntion, but fo1· the probate of the will in accordance with the l'ode of Ci\'il P1·oc .. dure, for tlw purpose of enforciug lill' wishes of the testatrix, which appear clearly and authentic1tlly in the will, which has not been impug1w<l a>; a forgery. L\cconling to the laws in force in these Islands before the promulgation of the prC'sent Code of l'iYil Procedure, the golicnwdurcillos of towns more than two )Pngul's away from the hen<l town of the pl'O\'illCl' were authori:wd to act as notnrics public. The power to cXC'rcist• this authoritv had hL'<'ll n,;tt>d in the goliernadarcillus ns \\'l'll as in the afr;ildes mayorcs of tlw provinces from a \'cry remott' pt•1·iod, and their powt•r to exercist• tilt' same was rl'cognized by a n•solution of tlH' AucliPncin of ::\lanila .dah•d August :H, 1860, npprov1•d by royal onh·r tinted .January Hi, l8G5. \\'hen tht• titlt• of tlw !oral lwiuluwn of thC' towns was changt'I~ OE'FICIAL GAZETTE 513 to municipal captain by royal order of July 17, 1894, these o/lic1>r.'4 wcrC' al:<o giwn notarial nuthority. Subsrquently, the rc•\·olutional"y govl'rnnwnt, and more> especially the government of tlw Island of X<•gros, in (;l'llC"rai Orders, :No. 210, above cited, 1·c·cof..'lliz1•d Rimilar authority on the part of the municipal presid1•11ts of pueblos. Article 7 of the Notarial Law of February 15, 1889, says: "Not· wilh:;tamling the provisions of article l, the gobcrnadorcillos of towns more than 22 kilomet<>rs (four leagues) from the provincial crtpital shall he empowered to legalize public instruments, which Uwy shall forward within the pel'iod of twenty-four hours from the time of tlwir execution to the provincial notary for jirocolization." This urticlc was amended by a 8pecial law of the provincial government of Negros, applicable to this case, by which the period for the tran-imission and protocolization of public instruments anthorirRd by the local president, an olnccr who substituted the fol'mcr gobcrnadoreillos, was extended to thirty days. Neither the Notal'ial Law nor its r<>gulations of April 1 l, 1890, nor the general order cited of the government of the Island of Negros have established any penalty for the failure to comply with the 1wp1isite of protocolizntion, nor do they declal'e that an instrument of a public character executed before an officer invested with notarial power shall be void or unenforcible if not protocolized. Such a declaration would be indispensable with respect to wills, and is of grf>at importance at the present time in which the probate of the will in question is sought in accordance with the Code of Civil Procedure, the provisions of which are to be liberally intNpretcd. Article 7 of the Notarial Law in question can not be regarded 1H1 1·epcnlrd by implication by nrticle 694 of the Civil Code-which provides that an open will shall be executed before a notary public and tlm~e witness-upon the grnund that the Civil Code is a law of subsequent date, it having gone into effect December 7, 1889, while the Notarial Law went into effect July 1st of the same year, because the Civil Code, instead of repealing any article or any part whatever of the Notarial Law, recognizes and presupposes its existence as a special law in severnl of its articles. This may (}C seen from an examination of articles 1216 and 1217, which declare that public documents are those authorized by a notary public or public employee, such as a gobcrnadorcillo or municipal captain or municipal president. The Civil Code furthermore provides tlmt documents which ue prepared by notaries public shn II he governed by the notarial legislation. Furthel'more, the rcgulntions for the application of the Notal'ial Law, promulgated the 19th of June 1800, a date long subsequent to that of the Code, make provision in articles 93 and _94 thereof for duties to be performccl by notaries and gobernadorcillos. The :i\lortgagc Law went into effect in these Ishmds the 1st day of December, 1889, a date prior to that upon which the Civil ('ode took effect, hut nevertheless the Civil Code, although a ,;11hse(1t1ent law of general character, has not rl'pealcd the Mortgage Law, which was a special enactment. This was so expressly (ll'ehu·t>d by the general direction of the colonial o!lice, in approving a cirl'nhn of thC' chief justice of the Audi<"ncia of Cebu, and in 1li,;missiug thf' appral taken by the l'egistrnr of property of that island, that oflicer having a1111ounced in the Bulletin of Cebu that lwnceforlh contrads executed beforf' tlw gobcrnado,-cillos would 111• inadmi;;siblc, which unno1mCf'ment the chief justice of Cebu 111•1·\nn•d to be erroneous am! in violation of article 7 of the ~otarial Law, whkh hnd not been l'l'pealcd by the Mortgngc Law. Tlw .~nnw r<>ason appli1•s fol' holding thnt article i of the Notarial Law has nnt hl•f'u l'ep1•nled by the CiYil Code, which was promulg'l\h•tl a ft•w dn~·s nfll'r the Notnrinl Law. and this was so expressly hl'!tl iu tht• roynl order refl'rrN\ to of ,Jul~· Ii, 18!14, since which li11w th<' ~otarinl Law nm! it,.; n·gnlations h:wc• ht•t•n in force until tlwir r1•cpnt rrpt•nl. , It is therefore unquestionable that Ow dorument exhibit{'(\ ns the will of Dofiu Josl'fa l\Iontillu i.s n public iustrnment executed in accoJ'dancc with the law, and which only needed to be protocolized, and, the protocolization not having been made in time, its probate is now prayed fol' in accordance with the Code of Civil Procedure. There being no provision of law in opposition to this petition, and the said will having been executed with greater solemnities than those required in article 618 of the said Code, and it appearing from the record that the municipal pl'esident, his secretary, and the three witnesses to the will affirmed its contents and other facts connected with its execution, there is no legal rl'ason or motive opposed to the probate of the said will, as it does not fall within any of the provisions of article 634 thereof, but is covered by articles 618, 625, 634, 638, and 630. For the reasons stated, we are of the opinion that the judgment appealed must be revel'sed, and that as the instrument presented purports to be the last will of Josefa Montilla. y Janson, deceased, the judge should admit the sn.me to probate and take such action thereon 1\!:; may be necessary in accordance with the pro\·isions of the Code of Civil Procedure. No costs will be allowl'cl. ,Jndgml'nt will be entered in accordance with this opinion twenty days from the date of the filing thel'eof and the case remanded to the court below for further proceedings in conformity therewith. So oJ'dered. Arellano, C. J., \Villard, Coopel', Mapa, Johnson, and McDonough, JJ., concur. Judgment reversed. [No. 1438. March 30, 1904.J PETJWNIL.'l S1lLOX<JA, pl<ti111iff a11d appellee, ·vs. M.lNUEL CO.VCb'PC/0\1, defenda11t a11d appellant. 1. CIVIL PROCEDURH ; ARREST OF DEFENDANT ; LIA.BILITY OF SURETIHS ; DAMAGES.~The plaintiff obtained the arrest or the defendant after giving bond for damages with sureties. Defeodaot's answer contained a counterclaim against the plalotlff aod sureties for damages alleged to bave been caused by wroogrul arrest. The answer did not allege tbat the order of arrest had been vacated or that It hod bceo decided that the arrest was wrongfully obtained. Tbe sureties demurred generally to the answer nod the demurrer was sustained. Jlclll, no error. 2. WITNESSES; HUSBAND AND WIFF..-A party litlgaot can not avail himself or the testimony of the husband or wife of llis opponeot without the consent of the latter. 3. EVIDENCH: PAWN TICKETS.-Thc plaintiff averred that on a certain date sbe delivered to the defendant certain pieces of jewelry as security for a loan. The action was for the recovery of tbc jewelry. The defendant denied this allegation, aod offered to prove by some pawn tickets that tbe jewels in question were In a pawnshop at the time of the alleged delivery to him. This evidence was excluded. licit/, error, and that the pawn tickets, Identified with the jewelry in question, were competent for the purpose for which offered. APPEAL from ll judgment of the Court of First Instance of :Ulanilu. The facts are stated in the opinion of the court. ALFltEDO l'mcon;, for appellant. JOAQUIN RonnIGl'J::Z 8EnRA and ::\lo:'ITAGNE & D0.\11'.'iGUEZ, for nppcllce. )fAl'A, ./.: The first 1p1cstio11 rnisc<l in the bill of exceptions rcfers to the sullicieney of the dl'mlllTPr pl'c!i<>lltcd by the suureties of the plnintill' to the action bl'onght against them by the defendant in his The defentlant wn,; 111-rested nt the instance of the plainiilT. who, for the purpose of obtaining his arrest, pl'cscnted two sureties, who assnnwd with her nn obligation in solidun~ to pay nil costs which might b1• ndjmlgc<l to the defendant nnd all dnmnges which hf' might sustain hy n•ason of th<' 1HTl'st if the snmf' should finally be ncljudged to Jun-<> been wrongful or without sufficient cause. (Bill of cxcl'ptions, pp. 13 nnd U). In his answer to the complaint the defl'11dant nlkgcd that his arrest was unjust and ii· 514 OFFICIAL GAZETTE h•gal and lmd caused him damage in the sum of 5,000 Mexican Supposing that part of the jewels referred to in the complaint pesos, and upon this based a counterclaim praying for judgment were really pledged to the pawn shops abon mentionPd from agaim;t the plaintiff and her sureties for the said sum as the month of July until NoYember, HIOI, it follows necessarilv damages, and for the costs of the suit. The sureties demurred that the statements of the plaintiff and her witnessC's as to th~ to the action brought against them by the defendant upon manner, time>, and form in which the said jewelry Cllmc into the ground, as appears from page 2 of the bill of exceptions, po:-;scssion of the tll•fc•ndant ~ue false, and that on the othn lhat the drfC>ndant could not sue them until a judgment for hand the stafrments of the defl'ndant as to thl' redl'mplion of the c.lamagc.'I should have been rendered against the plaintiff. The Jewl'is is irue, the amount paid therefor being part of the sum JUdge sustained the demurrer, and to this ruling the defendant ' sued fol' in the counterclaim. Indirectly the e\·idencc mi..,.ht excepted. have a bParing upon the veracity of the other allegations" of 'fhc sureties having assumed an obligation to pay the damages the parties and the testimony of the respective witnesses. It in case it should be finally adjudged that the arrest of the defend- is of course apparent that for the purpose of showing the ant was wrongful, until this time arrives no netion exists in e\•idcnciary value of the pawn tickets it will be n<>ecssary to favor of the defendant for the rccon•ry of such damages. Obliga- identify the jewels to whieh they referred, with those which lions arc to be fulfilled in the fll'C'Cise terms in which they have are the object of the complaint, but this identification can hc·rn contrndcd, as provided b.'• article lO!H of the Civil Code. easily be made inasmuch as the jewels in litigation have been In ordC'r to maintain such an action it would he necessary to show id<>ntil1Nl one by one b)' the plainti!T, and are depo:>itccl with that tin• O]'(I(')' of arrest had bcrn set aside by the eolll't before the clerk of the court. It would bC' sufficiC'nt to compare them llw beginning of thC' action, llC'cause othcrwifle it would be impos- with the jewels describ<>d in the pawn tickets. \Yith respect :-;ible to dctermi1w, in going into the question as to the damages, to the gold watch especially, the dcfondnnt says that the manuwhcthcr thr arrest was wrnngful or not, and the wrongfulness of flleturer's mark and the number expressed i~ the pawn ticket thl' anest is a basis of the action. On page 2 of the bill of exccp- coincide perfectly with those of tlw watch mentioned in the tions it is stated that the order of arrest was ,-acated by the complaint. (P. 67, bill of exceptions.) For these reasons it is comt on motion of the defendant, but it does not appear whether evident that the pawn tickets may be evidence of direct and the said. order was vacated before or after the filing of the defend- decisive influence in the case, and consequently the court below ant's answer. At all .events it is certain that the answer does erred in excluding them when offered as evidence. not allege that the order had been vacated, and consequently, as For this reason the judgment of the court below is set to the sureties, the answer is defective in not stating facts con- aside, and it is ordered that the case be remanded for a new 1-;tituting a cause of action 11gainst them. It therefore follows trial, in which the pawn tickets in question will be admitted that there was no error in the order of the court sustaining the in evidence, together with such other proof as the parties may demurrer. present in connection therewith. No judgment will be entered ThC exception of the i1ppellant to the ruling of the court excluding the tcr<iimony of Inocencio Hl'yl's, the husband of the plaintiff, offt•rcd on behalf of the appellant, is without mcl'it. The ruling of the eoul't i:> bas<>d upon the pmvisions of article 383 of the Code of Civil ProcC'dUl'e, paragraph 3 of which reads in part as follows: "A husband can not be examined for or against his wifC' without lwr consent." The ruling of the court was therefol'<" without enor and should be affirmed. The dcf<"ndant "in the course of thr- trial etTercd as evidence certain pawn tickets issued by the pawn shops of Don l\lanucl !\fotute 1rnd Don Ricardo Gonzales, for tl1e purpose of proving thnt some of the 14 pieces of jewelry which the plaintiff alleges she rklivcrcd to him as a plC'dgc in !lecurity for the sum of 400 pesos bonowcd from him in Octobel', 1891 (sicJ, were at thnt time pledged in the pawn shops referred to. The defendant ullegC's that in ~eptC'mber, HIOI, the plaintiff, together with h<•r husband, borrowed from him ;)00 :Mexican pC'sos, and plC'dged to him thn'<' pawu tickets issul'd from the pawn shop of Don l\laml<'I :Matute, and also four piece's of jewelry; that five or six da.\·s afll'nrnrds th1•.'· horrm\·<·d 400 pesos more from him, ·am\ plt·dg<>1l 1.o him anoth<>r pnwu ticket from Don :Manuel :Hatutt>'s pawn shop, nud also a pawn tickrt from the pnwn shnp of l'llanul'l Gonzall's. 'J'hat on :-\o\·1•mhl'I" 25 of the same .'"('ar, by virtue of 1m on\I'\" l'PC('iH(l from InoC't'ncio Rr-ycs to that C'ITC'ct, the dl'fl'ndnnt rf'dN•mC'd thf' jewelry plPdged, and paid to .Mam\C'I 1'\lalufr, Uw owuC'r of the pawn shop in all th<> ;;11111 of $2fil.4:J-nnd $fi8.18 to thC' pawn shop of Rical'do Uonznles: llrnt tlwse sums, 11thkd to Uw principal dl.'ht, mnkc, llH' drf(•tuhmt avers, n total of $1.2:Hl.fil, of which tlw plainliff am\ lwr \1111-;lmrnl still ow<' him $I,I:Hl.6i:j, for which hC' sought judgment · ag:iinst tlwm by eountn('laim. The pawn tickl'ts w1•re hlcntifit'd by Don :Manuel l\Iatute am! Ricardo Gonzales. (Bill of t'X('(•pt ion.-:. pp. 00 nnd 61.) Onr of them, the ticket fn1: 1111' goM wufrh (clnim<'(\ in ilw romplainl), is datC'd thl' 31st of ,July, 1!101. ns ap1wurs on pag1• 07 of. the bill of <'Xef'ptions. for costs. So ordered. Arellano, C. J., Torres, Cooper, Willal'd, McDonough, and .Johnson, JJ., concur. Judgment set miidc. OPINIONS OF THE ATTORNEY•GENERAL. A municipal pre.~idcnt acting M member of the Honorm·y Board of Oommisioners entitled to but $7, United States currency. per day. On·1cE OF TUE ATTORNEY·GENERAL OF TUE PHILIPPINE ISLANDS, iJfanilrt, Jflne 8, 1904. Rcsp<>ctfully return<>d to the Acting Ex<>eutivc Secretary. Sl'ction I of Act No. 1030 authorizes the Civil Gover~or to appoint Filipinos now holding office in the hlancls as nwmbers of the Honorary Roard of Commissioners to visit the Louisiana Purchase Exposition "if thl'ir absl'nce from official duty in the Islands during the time needed to make the visit to the Unit<>d States may be consistent with the interests of the public !lerviec." Sl'ction 3 of said Act pro\•idl's that "there shall h<> allowrd as traveling and subsistence expenses, to each nono!licial membC'r of the Hom1rnry Board of CommissionC'rs, til(' sum of $10, l 1nitcd States cmTcncy, per da)· from the time of hir-1 departure from l\faniln until the date of his return to ).faniln, and to meh official nwmbl'r, in addition to Jiis salarr as provided by law, thC' sum of $7, lTnited States currency, per day." The municipal prl'sidcnt of Bilmlonan wns selected ns a lllf'lllLC'r of this honornrr board, nnd, innsmuch as he wns nnd is prC'sidC'nt of said municipnlity. hi' must be eonsidC'rC'd an offieinl rn<>mb<'r of said board and, th<>rC'fore, l.'ntitlctl to drnw or.Jy $7 pl'r dn.'' and in addition his sulary as municipal presid('nt. Attention is respectfully invited to my previous opinion. GREGORIO ARANETA, Acfing Attorney-General. OFFICIAL GAZETTE 515 /'n:sidmrt of mu11ir·i1ml bm1nl of /u•fllfh 1wt a mwiicipal officer and 11ot n:moi:al1/c umlcr the /'rorincial <Jouc1·nmcnt Act. on·wi-: m· TIIE ATTOlti"EY·GENERAL OF THE PHILll'PINE ISLANllS, .l/a11ila, April ,'JO, J.fW4. Hespl'clfully rc>turned to the Commis,;ioncr of Public Health. While the pr<>'>ident of tlw municipal board of health is, in i.omc re.-;pects, a municipal oflicer, yet the provh;ions of the Pmdncial Govf'rnment Act, in rc>µ-ar<l to his removal, arc not applicablC'. The prrsident of the municipal board of health is appointed by the Commisioncr of Public Health, and, as there is no f>Jl<'Cial provision made for the removal of the president, he is removed by the appointing pow<'r, nam<'I~·, the Commissioner of Public Health. ThC'r<>fore I am of the opinion that the president of the municipal board of lwalth doC's not come within the provisions of Act ~o. 314 of llw Commission. GREGORIO ARANETA, ~tctiny :lttorncy-Gcncral. E.vpcm;cs of execution of death sentence a burden on the Insular 'l'rea.rnry. On·1cE o~· THE ATTORXEY-GENERAL o~· THE PHILIPPINE ISLANDS, Manila, April 19, 190J,. RC"spC"ctfully n•turned to the Auditor. Them is no proviso under which the expense of an execution of the death sentence can \J(' charged to provineial funds. For this reason, just as anr rec<'ipts not dC"clined by law to belong to Uw pro\"ille(' or municipality ·must be paid into the Insular Treasury, so ,these expenses, I belieV(', should be paid from insular funds. It is dillicnlt to dl"'tcrminc, rt p1·iori, from whnt funds said 1·xpl'nses should be paid, but this will depend upon the characlt·1· and nahlr(' of the different items of said expenses. Th<" trawling ex1wn!:il"'S of the clerk should be paid from the tnm,;portalion funds of the Department of ,Justice. GREGORIO ARANETA, .toting Attorney-General. f"orciy11ers resident in the Ishrnds subject to !he rules respecting vaccination. Ot'FICE m-· 'l'llE ATTOK:\"t:Y-GENERAL OF TllE PHILIPPIXE ISLANDS, .llanila, Ju11e 3, l!JOJ,. lks1wclfu\ly rPtnrncd lo the ~\cting Conunissioncr pf Public llmlth, 1\lanila, P. I., with the information that the subjccts and citizl•lls of forC'ign nations li\'illg in )lunila or cbcwh<'re in the l'hilippi1w Jslancls, arc incluch•d in the l'cquircments of section i of Act Xo. ao!J of the Philippi1w Commission, and, should the:.• n•sbt \'accination, may be p1·osc·<·ut1•d um\t·r section 7 of sitid acl. Such fon•ign subjecls or citizens living in )fanila arC' ulso inclmll'd in tlw provisions rC'lating to the rwcessity of \"1tcci1mtio11 eontai1wll in Ordinnn<'l"' Xo. 4 of the city of )fanila, and, shouhl tht•y \'iolatP such pro\"ision,.;, may be proM•cutcd therC"under irnd lim•tl or (am\) impriso1wd as 111·0,·i<h·d in sl'ction 11 thereof. UllEGORIO ARAXETA, Aeling Attorncy-Gc11cral. 'J'l1c ap11oi11f111cl!f of u 1111111icip(I/ 111tysician is llOt tiuthorizcd by cxistiug law. 0n'ICE 01'' THE ATTOR:\'EY·GE:>IERAL Qlo' TUE PHILIPPINE ISLAXUS, :lla11ilu, .llay 18, 1.?0~. JlC'spc•ctful\~· rdlll'tll'd to tlw .\cting l'onuui>Jsioner of Public llt•:ilth. 1R\JG3--3 In answer to the quC"stion raised herein as to whether a municipality can employ a municipal physician at a salar:." exceeding that allowed for the president of the municipal board of he.alth, when the said municipality has no president of its municipal board of health, I have the honor to submjt the following opinion: TIH"re is no provision of law under which a regular physician for the municipality may be employed. It seems that in a nwnber of municipalities throughout the Islands it has been impossible to fill the position of president of the municipal board of health, because there is no one qualified for such position who will accept same. In such cases I have previously held where there is extreme urgency the municipality may provide a physician and pay for the services rendered by him, as, for example, in case of the indigent poor, by virtue of the authority granted under section 40 ( b) of the Municipal Code providing that "the municipal council is empowered to make such pro,·isions for the care of the poor, the sick, or thosl'! of unsound mind as it may det•m necessary." This power, however, is limited to indh·idunl casC"s in which necessity for the exercise of same clearly appears. The appointment of a municipal physician at any salary is not authorized and such action on the part of the municipal council or any municipal officer or officers is illegal. GREGORIO ARA..,ETA, Acting Attorncy-Ge11eral. Municipal appl'opriations for school purposes to be ffrst approved by division supcl'intendc11t and aftcl'wards by tl!e provincial trcasm·er. OFFICE OF THE ATTORNEY-GENERAL OF THE PHILIPPINE lsLANDS, illanil'l, May 28, 1904. Respectfully returned to the Treasurer of the Philippine Islands. In a former opinion of the Attorney-General in regard to approval by division superintendent of school fund, it is stated: "[The Municipal Council shall] maintain and establish primary schools subject to the approval and supervision of the division superintendent. "The law provides that one-fourth of I per cent of the assessed valuation of lands and improvements in the municipality shall be set aside for the maintenance of public primary schools. Within the limits of this sum the division superintendent has a right to call upon the council for necessary appropriations, but beyond this fund the condition of the treasury is always to be considered in making apprnpl'iations. Said approval and supervision of the superintc-ndC"nt applies not only to the salaries of teachers bnt to all appropriations mnde by the municipal council for school purposes. "The approval of the pro\·incial tl'ensurer of nil estimates for expenditur<'s by the municipal council i» essential before they can he paid. The object and purpose of the C'Xpenditure when for school pul'poses must receive the appro\'al of the division superintendent." (Vol. I, p. 225, Opinions of Attorney·G('neral.) The proper procedure, therefore, is for the appropriation to be first approved by division superintendent under section a9 (ff), Act 'So. 82, as amended by Act No. 132, and afterwards by thC' provincial treasurer, in accordance with .sC'ction 47 of Act No. 82. \V. L. GOLDSBOROUGH, Assistant Attoniey-Ge11cral. (In the absence of the Acting Attorney-General.) PHILIPPINE CIVIL SERVICE BOARD. Examination for law clerk. The Civil ~crvief' Board announces n law-clerk examination; in English, to bC" held on .July 18-19, Hl04. The examination will 516 OFFICIAL GAZETTE com1i1:1t of the following subjects: First-grade examination; fundamental principles of Roman law; Code of Civil Procedure; Civil Code; criminal law and practice. Further information and the necessary application blanks may he obtained at the office of the Civil Service Board, Maniln, where the examination will be held on the dates named above. JUNE J:J, 1904. APPOINTMENTS. By the Honorable Civil Governor. Dcpa1·tmcnt of Commerce and Police. Am;on H. Higley, chief survryor, l\Iay 1, $2,500. Provinces. • fohn \V. Hunter, :rnpcrvhsor-tceasurer, May al. Vicente Frnnco, provincial fiscal, June 9. NUEVA VIZCAYA. William C. Bryant, provincial secretary-treasurer, January 1. SAMAB. Maximo J, Cinco, provincial secretary, J\.fay 26. Emilio Aranctu, provincial fiscal, June 9. By the Philippine Civil Service Boa1·d. E:JJecutive Department. EXECUTIVE BUREAU. Fred N. Berry, clerk, Muy I, $1,200; promotion ~rom $900. Fritz Seefeld, clerk, May 21, $900; probational appointment. Hugo Aunario, special messenger, May 21, $240; promotion from messenger, $180. INSULAR PURCHASING AGENT. Peter Ritter, teamster, May 16, $720; probational appointment, August FisclU'r, teamster, May 24, $720; transfer from Dcpartnwnt of Engineering and Public Works. Clmrles Parker, teamster, June 3, $720; probational appointment. R. S. Rutherford, blacksmith, June 1, $1,080; probational appointment. Sidney 0. Dickinson, clerk, May 16, $900; probational appointment. l'llILIPPIN~ CIVIL SERVICE BOARD. Emique \'. Filnmor, clerk, May I, $:HlO; probational appointmcnt. Dcpnrtmcnt of the lntcrio1-. llUARll 01'' llEALTH t'Olt THE PlllLIPPINE HiLANDS. W:1ltl·1· ll. Dempster, inoculutor, Mar 13, $900; probational appointment. Clmr\1•!-i I. McLarry, inoculator, ::\fay 13, $!JOO; probational nppointmcnt. ,Jnmes P. Friend, inoculntor, Ma~· 13, $900; probational ap· pointml'nt. I smnf'l l':apntn, clerk. May 26, $360; probntional appointment. llc>nry Du,,;dicker, inoculntor, Mny 19, $900; trnnsfer from l'oliC'C' Dc1mrtmcnt. BartolOlll(' 'fnyng, inoculator. ;\lur l H, $240; rC'instntement. F. R. Bron.~on, clerk, .May 16, $1,400; promotion from cla,,;s !.I. Vicente Perez de Tagle, clerk, April l, $480; promotion from $240. An:;elmo Cruz, ranger, May 20, $300; probational appointment. BUREAU OF AGRICULTURE. \Viii Jessup, truck gardener, l\Iny 11, $1,200; tl'ansfer from clerk, class !.I, Department of Assessments and Collections. BUREAU OF GO\'ERNllEXT LABORATORIES. John F. L. Woodruffe, clerk, May 21, $900; probational appointment. Eugenio Fenix, assistant to botanist, May l, $:160; transfer from Forestry Bureau, $300. CIVIL SANITARIUM, BENGUET. Catherine Cleleaml, nurse, March 2, $i20; probatimrnl appointment. 1Jcpa1·tmcnt of Commerce and Police . L. L. Hyer, postmaster, Tacloban, l\fay 21, $1,400; transfer from clerk, Manila post-office. J. W. Dutton, clerk (Manila po.st-office), l\fay 16, $1,200; transfer from postmaster, Aparri, Cagayan. Franklin P. Bushey, clerk, lloilo post-office, i\Iny 4, $900; transfer from Cebu post-office. l-1. C. Watts, clerk (i\Ianila post-office), :M:ay 16, $1,400; transfer from lloilo post·olfice. George E. Shanahan, railway postal clerk, May 20, $900; transfer from :Manila post-office. B. Frech, postmaster, Jolo, l\fay 15, $1,00; transfer from Manila post·oflice. William C. Carrick, postmaster, Apnrri, May 16, $900; promotion from clerk Class A. Charles D. Foster, clerk, May 23, $900; probational appointment. Proeeso Coloma, clerk, May 9, $240; probational appointment. F. J. Guscctti, postmaster, Los Bailos, May 21, $1,000; transfer from Calamba post·office. ,Juan Vergara, postmaster, Calnmba, May. 21, $240; transfer from clerk Class K, Batangas post-office. Caleb P. Bourne, chief clerk, March I, $2,500; promotion from class 4. BUREAU OF PHILIPPINES CONSTABULARY. \:Vilfred R. Barne,s, clerk, May 1, $1,200; promotion from Class A. Frank l\I. Hickok, clerk, April 2i, $1,200; probational appointment. Engracio Trinidad, clerk, May 14, $300; probational appointment. Tomas C. Gnrinn, clerk, June l, $180; probational appointment. Pedro Gnclmlinn Reyes, overseer, April 1, $360; probational appointment. We,,;IC'y T. Williams, clerk, Murch 9, $1,000; reduction from clnss 0. Clnrk J. Milliron. clerk. Mny 4, $1,200; probational appointment. Clement E. Laws, clerk, May 9, $1,000; probational appoint· ment. .Joseph Randolet, clerk, May 4, $1,000; probational appointment. Robf'rt L. Shamp, clerk, l\lny 4, $900; prohntionnl ;ippoint· ment. Generoso Roiio. clerk, l\Iay I, $fl00; promotion from $72&. OFFICIAL GAZETTE 517 BUllEAU OF PRISONS. . Juan A<l<lueal, ovcrseeT, ~la:r 4, $480; pl'omotion from keeper, $300. Timot<.>o Basconcillo, keeper, .June I, $300; promotion from guard, $240. Damian Pangan, guud, .June I, $240; transfer from keeper, $240. :Miguel Faul, guard, June I, $240; probational appointment. Valeriano Ua.-;tor y Sangco, kreper, May 10, $300; promotion from guard, $240. Casimiro Vivar, guard, J\fay 14, $240; probational appointment. PrdPr Pe1h~nw11, second offiC'er, FC'hruary 27, $720; probational nppointment. D. U. Fisher, pa:i,• clerk, )[ny 14, $1.200; reduction from clerk, $1,400. 0. Arseval, lightkcepcr, March 1. $300; promotion from $240. \Yilliam I-L Hobinson, a.<;siflbrnt enginet>r, April 5, $2,250; promotion from $2,000. Lloyd \\'eltnC'r, clerk, March 20, $1,200; probational appointment. Benjamin G. Fogg, trnnsitman, April 30, $1,400; pl'obational appointment. R. C. Hardman, transitman, April 30, $1,200; probational appointment. Lestel' 11. .Morris, transitman, May 21, $1,200; probational appointment. Andrew ,J. Barklay, recol'der, J:une l, $900; probational appointmcnt. Edward Th'omRon, recorder, .June 1, $1,200; probational appoininwnt. Departme11t of Finance and Justice. BUREAU OF THE INSULAR AUDITOR. .Juan Snlcl"do, <'l<'l·k, ~Iuy 21, $720; promotion from clmiR D. llGl!EAU OF CUSTOllS ANll IMMIGRATION. 'f<>0doro UlartC', clerk, May I, $180; promotion from $120. ,J, Louis J'c!'l'in, C'Onst district inspector of customR, May 5, $1,400; reduction from chief of importation, exportation, nnd mtYigation division, $2,000. ,James Hamilton, stenographer, April 27, $1,400; probational appointment. Francisco Villalon, guard, March 8, $240; pl'Obational ::tppointnwnt. W. H. C. Wilson, thinl-claRs <"Xnminer, April I, $1,200; J'Ninclion from examiner, $1,200. Qporge Pinkham, fourth·clasg l.'Xamint"l', April 13, $!JOO; rrduction from clC'rk, $1,200. NorhC'rto Lii.)('rato, guard, .Tune 21. l!J03, $240; probittional nppointn,enL l>omingo }'ilotf'O, gunrd, .Junr 21, 190::1, $240; probationnl a11pointment. BUREAU OF JUSTICE. Frnm·isro Espina, rl<'rk, Comt of FirRt InstancP, Rrventh . TudiC'ial District, May 1, $800; promotion from $720. l•:stC'lmn Tolentino. ciC'rk, regi.'<ter of derdR. May I, $3()0; promotion from $::100. Dr part men I of Public lnstructio11. llUUEAU OF EDUCATION. . lnnws L. Hazard, h•aC'IWI', April 30, $1,000; probational ap1mintnwnt. Bonner G. :Mal'sh, teacher, April 30, $1,000; probational appointment . Walter F. ~ochols, teacher, May 14, $1,000; probational appointment. Zerah 0. D(•an, tl'acher, April 27, $900; probational appointment. Robert C. King, teacher, April 27, $900; probational appointment. Merta G. King, t<'aclter, April 27, $900; probational appointment. Thoma!! G. Neal, tf'aeher, May 2, $900; probn.tional appointment. J. B. Thompson, clerk, January I, $1,000; promotion from class 7. BUREAU OF PUBLIC PRINTING. Emiliano AguaR, appr<'ntice, June I, $0.40; promotion from fifth class. PC'tlro Constantino, apprPntice, June I, $0.40; promotion from fifth class. Aniceto Legaspi, apprC'ntice, June 1, $0.40; promotion from fifth class, Feliciano Olva no, npprcnti<'c, May 16, $0.40; promotion from fifth class. Vicente Valdel'rnma, apprentice, May 16, $0.40; promotion from fifth class. • ,Jose Lorenzo, apprentice, l\Iny 16, $0.40; promotion from fifth fifth class. Ciriitco Limbo, apprentice, :May 16, $0.40; promotion from fifth class. THE OFFICIAL GAZETTE. Jose de Guzmnn, clerk, l\lay 23, $240; probational appointment. City of Manila. Excqni<'I Ignacio, clerk, May 23, $240; probational appointnwnt. Orace \Y. RobC'rts, clC'rk, May I, $1,200; transfer from Bureau of Education. GMrge IL Tilbury, license inspector, May 25, $1,200; reinRtatement. DEPARTMENT OF ENGINEERING AND PUBLIC WORKS. John H. Flanagan, teamster, l\lny 27, $720; probational appointment. Luis :Mnl<lonudo, clel'k, June I, $300; proLational appointment. ,f, S. Hulk, tenmRter, May Ii, $720; probational appointment. ,J. I-1. C'll'vclaml, teamster, ,June I, $840; promotion from $720. ,foml's Felton, teamster, May 14, $720; probational appointment. LAW DEPARTMENT. Cliford 0. ::\Iiclwll, cll'rk (Prost"cuting Attorney), April 14, $1,400; probational appointment. POLICE DEPARTMENT. Agapito R. Novenario, clerk, May 12, $480; promotion from patrolman second class. G(•ronimo Cntu, roundsman, second class, l\Iay 18, $480; prnmotion from patrnlman . Rutledge R. Young, patrolman, firgt l'lass, ::\lay 2, $!JOO; probational uppointnwnt. Frnnk H. Stagnn, patrolman, first class, May 2, $900; probational appointment. John \.Y. Galluglwr, patrolman, fir>it class, May 2, $900; probational appointment . John Walcz:\'kowRki, patrolman, first class, May 2, $900; prolmtional appointment. 518 OFFICIAL GAZETTE Carrol T. Humber, patrolman, first class, l\Iay 2, $900; proba· tional appointment. FIRE l>EPART'.\IENT. Antonio :Mendoza, fireman, second clas . ._, :\fay lf.l, $2-10; probational appointment. Frank W. Schenck, fireman, first class, April I, $1.000; J•ro· motion from $900. James A. Frazer, fireman, first clns . ._, May 18, $900; reinstatement. Bonifacio Tolentino, fireman, second clas!l, May 23, $240; reinstatement. Benjamin R. Freeman, fireman, first cla.sf!, .rune 2, $900 pro· bational appointment. Provinces. James S. Simmons, forl'man, Januuy I. Pl,800; promotion from $720. Luis Gatmaytan, clerk and deputy, May 17, $420; probational appointment. Francisco Navia, clerk, May 17, iji300; transfer from office of governor of Bulacan. Florencio Pangan, clerk, April I, P240; transfer from treas· Ul'er of l\leycauayan. CA VITE. Antonio Garduiio, municipal treasurer and deputy treasurer, Cavite, May 16, P400; promotion from deput:i•, $300. Julian R.. Baustista, deputy treasurer, :May 16, P480; probational appointment. CEBV'. Ellis B. Porter, clerk and deputy, April 14, P2,400; probational appointment. Ignacio Regner, clerk and deputr, .February 15, HI03, $i50; promotion from clerk, $600. Sergio Osmeiia, provincial fiscal, upon return of 1-.>'0''ernor from United States. Felix Alburo, clerk, :;\Iar 21, P480; transfer from cla.<ii:i ,J. office of the prol'incia) secretary. E. D. Smith, general foreman, May 10, Pl,440; probational appoint'ment. ILOII.O. Eugene Gamett, chief clerk and dt>puty treasurer, March l!i, P2,400; probational nppointm<'nt. Saturnino Tobias, elerk .. May 1, P300; probational appointment. Pedro Sindico. elerk, Mn)' 16, P3Ci0; probational appointment. Teofila Benitez, rlerk, April 12, P240; probn.tional appointment. Florencio G. Enfadaw1, deputy trE'asurer, }[arch I, P840; pro· motion from $aoo. ,Joaquin <1<>1 Ro,;nrio, clerk, April 20. $148; probational appointment. Lunn Gozar, clerk, .Janunr)' I. $Hi0; probational appointment. Edward R. Ni<·holson, chief clerk and drput)·. March 26, $1,200; probational nppoiutmcnt. Julius Schuek, interpreter, office of the govPrnor, Di,;trict of Sulu, ,Januar,y 22, $900; probational appointnwnl. XEGROS occrnEXT ,\I,. :Miguel l7nson, clerk. Angu!'.t I. lfl03, $(i00; promotion from $4:)0. .Juan Daylon, clel'k, :i\fa)· rn, t*'iiOO; probational appointment. Cornelio Balaria, clc>rk, .June I, $300; promotion from $240. Simeon 8anvic<>ni<>, clerk, 1\larch ;10, $240; promotion from $150, Thomas :'IL Houston, g<'n<'rnl foreman, March I, $720; proba· tional appointment. rA:\'GASI:\'AN. Pastor Aquino, clerk, .:\lay 1, l7'480; promotion from $180. Epifanio Fernandez, clerk, .June I, $:100; probational ap· pointment, Francisco Licuanan, deputy trcasurel', ,January I, JJ'!JOO; reduction from $600. Francisco Licuanan, deputy treasurer, April I, PSOO; reduction from $450. Felicisimo Finczn, deputy treasmer, .January I, -P400; reduction from $:160. Mariano Feliciano, deputy treasurer, May Hi, P400; reduction from $240. David Concepcion, d<>puty treasurer, January l, 'P300; reduc· tion from $180. Faustino Benito, deputy treasurc>r, January l, P300; reduction from $180. Kicctns Espinmrn. deputy treasurer, .Tunuary 1, P'-240; reduction from $180. Quiterio Lorenzo, d<'pUt)·, April I, JJ'GOO; prnmotion from clerk, $180. IsahPlo de 8ilva, clc>rk, Apl'il 1, $420; trnm:;fcr from deputy, $300. Francisco Santiago, clerk, April 18, P360; probational ap· pointmcnt. Guillermo Aquino, clc>rk, :May I, P360; probational appointment. ROMBLON. Ramon Andres, clerk. Fcbruar)' I. P-360; probational appointment. Antonio i\lalhas, cl<'rk, :\fay L P:HlO; probational appointment. Charles E. Norton, cashier and bookk<><>prr, April 27, 1"'2,-lOO; probational appointment, Eulogio Letaba, clerk, April 2i, p;JOO; probational appointment. Louis B. Wi!llC'lm, d<>put,\• tl'easurer, April ;JO, f'2,400; transfPr from deputy treasmN, Cr•ln1, $1.200. Bins .Jularbn. clerk, :\la,\· I. t*'-t-80; promotion from $180. Frank .Miller. gencrnl forl'num. road eonstrnction, May 2, '!"2,180; probutionnl uppointnwnt. UNIOX. Cil'iaco OlavydC!z, d1•pnty trNtsl!rt>r, ~larch L $300: promotion from clerk. $2-lO. OFFICIAL GAZETTE 519 H.ESIGNATIONS. Provinces. :!\fariano Rantiago, j11slicC' of tlw pC'RCC', Angnt, April 25, 1904. CAGAYAr.. Eladio Lf'jos, justice of the p1·aec, Piat, March 1. D1,Jfin Alm', auxilial'y justice of the peace, Alfonso, )fay 21. Damian Ermitafio, justicl' of tlw peace', Carmona, :March 1. ,Juan Pnpa, auxiliary justice of thl' peace, Carmona, May 14, h111lielo Aguilar, justic1· of the pl'ace, Conegidor, April 14. CEDU. Rnfnl'l Peliiio, justil'C' of the peace, Dogo, December 22, 1903. Ponciano Holano, justice' of the peace, Janiuay, March 26. ~Iaximiliano Dayot, auxiliary justic(' of the peace, Pototan, .l\Iarch 20. LAGUNA. Cil'ilo listaris, justice of the peacl', Calamba, April 25. Irineo Miranda, justice of the peace, Calanan, February 24. Pedro Ibaiies, justice of the peace, Luisiana, March 8, .:\fariano Tiongco, auxiliar,r justice of the peace, Santa Rosa, :\larch 24. MISA:t.118. Alvaro AbC'juC'la, justice of the peace, Misamis, April 25. NUEVA ECIJA. :Marcelino NiC'YCs, auxiliary justice of the peace, Alinga, April 30. PARAOUA. Fl'liciano Caton, anxilinry justice of the peace, Araceli, October I, 1!103. Lucas H:rntiago, justier of the pence, San l\Iateo, April 23. l•'rnncisco Piguing, justice of th<' pC'ace, Tanny, April 13. Cornelio :i\Iac\rigal, pro\'incial s1•c1·ctary, March 28. Lorl'nzo Camh·lario, justice of the pmcl', Badajoz, ,Jnnuuy IO. Pablo·PrudC'ncio, justice of the peace, Almagro, April li. )lnl'tin Costan, auxilial':r justice of the peace, LavezarC's. Apl'il 12. Anict•to .Jndit, am:ilinry justice of the peace', MagallanC>s, ,\pril R. H.EMOYAI;S. E. E. narton, SllJlNVisor·tl'l'!tSUl'(•J .. Cagayan, :i\Iisamis, :May 24. Toma-: (jri1•go, auxiliary .iustire of tlw Jll'UCC', Bnrct•lona, Sorso· gon, Mar 2:i. Lc·andro ('haHs, justir<• of thC' J>l'll.C<', Castilla, 8orsogon, ~Jar 20. HUltEAU OF AltCHITECTUltE AND CONS'ritUC'l'ION OF PUBMC BUILDINGS. Notice to contractor8. 0FFIC~; or-· Tiii-: BURl-:AU m· ARCHITECTURE AND CONSTltuC'l'ION OF Punuc BUILOL'WS, lfiN Calle ,111loag11e, Manila, J>. I., Ju11e 8, 1901,. HMh·d proposals. nddn•ssed to the u11dersig1wd and plainly mnrkPt\ "Proposul for ,Jol) Xo. 5fl;i," will be rceei\'ed at this offiel' .until IO.:JO a. m .. .Junr 18. 1904. for furnishing nil material and 1\oing all ll\hor l'C'tjllil'C'd to fully comp!C'te the post-office sereens, provincial building, Cebu, P. I., in the manner and conditions set forth in the form of proposal and the specifications, copies of which with other information may be obtained upon application to this otliee. The right is resened to reject any or all bids and waive any defects. EDGAR K. IlOURXE, Chief Bureau of A_rchitcclrtr('. Contents. Public laws: No. 1168, extending tbe time for the payment ot lhe land and cedula taxes In the Province of Oriental Negros for the year 1904, No. 1169, amending Act No. 709, so as to prohibit tbc traffic in intoxicating liquors within a certain distance ot land used by the United States for military purposes at Calbayog, Samar, and also to permit the sale of intoxi<'ating liquors within a circumscribed area in the town ot Lucena, Tayabas. No. 1170, extending the time for the payment ot the land tax In the Province of Pampanga for the year 1904. No. 1171, repealing Act No. 611, entitled "An Act authorizing the Clvll Governor to Issue passports to citizens of the Phllipplne Islands." No. 1172, providing for the re\·islon of valuation for the purpose of taxation of certain parcels or land In the municipality or Iloilo belonging to Matilde Jalandonl de Lopez and Esteba11 Jalandoni, so as to correct clerical errors. Court: Rosalia Anacleto et al. Esteban Bare et al. ndo i-•s. Pacifico Santos Villalon et 111. States vs. Denlto Vergara et al. States vs. Casiano Saadlucap. Ana Marla Alcantara vs. Miguel Montenegro. The United States vs. Eusebio Verzosa . The United States vs. Laureano Mijares et al. The United States i-•s. Julio Mendoza et al. T States vs. Quirino Pablo et al. Eduardo Jara.be. Kock de Monasterio. Manuel Concepcion. 0. . l: A municipal president acting as a member of the Hono1·ary Doard ot Commissioners Is entitled to but $7, United States currency, per day. President of municipal board not n municipal officer and not removable under Provincial Government Act. Expenses of execution of death sentence a burden on the Insular Treasury. Foreigners resident In the Islands subject to the rules respecting vaccination. The appointment of a municipal physician Is not authorized by existing law. Municipal appropriation for school purposes to be first approved by division superintendent aud afterwards by the provincial treasurer. Pbilipptne Civil Sen•ice Board: Examination for law clerk. Appointments: By the honorable Civil Governor. By the Phllipptne Civil Service Coard. Resignations. Removals. Bureau ot Architecture and Construction ot Publle Dulldlngs: Notice to contractors. Aunonneement. The Official Gazette Is published weekly by the authorlly ot the Gov· ernment of the Phlllpplne Islands. It will be furnlsbed by mall to sub· scrlberi;, free of postage, on the following terms: One yenr .. . ........................... .t•12.oo One month ... . . .... l.00 Single copies, each.. .30 Subscriptions should be paid in advance, In Phillppi1ie cu1-rency, or Its equivalent In money of the United States, and all communicnllom; should be addres~ed to the editor of the Officlal Gazette, Manila, P. I. Send remlttance11 by po11tal money order or registered letter to Nor· ton F. Brand, acting editor Official Gazette, Manila, P. I. Office of the Oft\cial Gazette: Oriente Building, Plaza Calderon de la Barca, Bi~oo~n•~•~· ~~~~~~~~~~·~~~~~ The Go,·ernment of the PhilipJ>iue Ishmds. Leglslotl\·e. THt: PHILIPPINE COMMISSION. (Ayuntamlento-The Palace.) Commissiou<'r.~.-Luke E. Wright, President; Dean C. \Vorcester, Henry C. Ide, Jame» I<'. Smith, T. H. Pardo de Tavera, .Jose R. Luzuriaga, Benito l..egnrda. EJrncutive. Civil Oovt'nwr.-Luke E. \\'right; acting private secretary, L. \\', Mnnnlng; Captain Robert H. Noble. U. S. A., Ald·de·Camp to tbl' Civil Governor. Vi('e-Got.'t'!°nD!'.-Henry C. Ide. Sel'relar?J of llte Interiol'.-Dean C. Worcester: prh•ate secretary, E. 0. Johnson. Srcretarv of Commer('(' <Wei P<;>lkP.-Vn<'ant. Sc('rt'la1·Y of Pi11a11n' mu/ JuslleP.-Henry C. Ide: private i;ecretary, Jackson A. Due. • Sccretm·y of Pub/i(' Iu.~trnetiou.-.lllml's F. Smith; private i;ecrl'tary, \\'. H. Dono\·an. 520 Ol!~FICIAL GAZETTE EXECUTIVE DEPARTMENT. Executive Bureau.-A. W. Fergussoo, Executive Carpenter, Assistant Executive Secretary; R. D. Translating Division; Claude W. Calvi Chier or Leglslativf' Division; G. M. Sw tratlon and Finance 1 0 B11rcau of Insular Pui·chaaing Af,ent.-Major E. G. Shields, Insular Purchasing Agent; A. L. B. Davies, Local Purchasing Agent. Improvement of the Port of ;l1a1~ila.-Maj. C. McD. Townsend, Corps or Engineers, United States Army, otncer In charge. Philippine Civil Service Board (Oriente Bulldlng).-Dr. W. S. Wnsb· burn, Chairman; Dr. D. L. Falconer, Dr. Jose Alemany. ge~:aU~ ~~ l~~tf!~~~~s:~:e~~}li~~~ifc 1ll:a~f~·~o~~JTh~in~S i~ri;;rs~~f1: Chier Health Inspector; Henry D. Osgood, Sanitary Engineer; Dr. P. C. Freer, ex officio; Dr. Manuel Gome:i:, Secretary (on leave); Dr. R. E. L. A . Bureau of Public La11ds (lntendencla Bullding).-Wlll M. Tipton, Cb let. . -Prof. F. Lamson-Scribner, Chief. Iala11ds (Orlente Buildlng).Mlller, Acting. (791 lrls).-Dr. P. C. Freer, Superintendent Government Laboratories; Dr. R. P. Strong, Director Biological Laboratories; Dr. James W. Jobllng, Director ol Serum g!~!J~;il::,,::l:;':Dr. H. Eugene Stal'rord, At;g Dr. J. D. Thomas, Attending R. Putnam, Ass stant In charge of United States Subofflce. ee!:J:~~, 06o:S~ftii~1~r~tggl~:earnt~o 1;~~enC~~:ii is~i~~~ln.f~~;p~aG~s H:;f ~ combe, Principal Assistant Engineer: James D. Fauntleroy, Chief of Supervisors; Charles H. Kendall, Assistant Engineer. Bureau of the Ins11lar T1·casu1·y (lnteudencia Duildlng.)-Frank A. Drnnagan, Treasurer of tbe Philippine Islands; .J. L. Barrett, A>:lsistant 1'rensurer. . Bun·au of the Immlal' Au<litor (lntendencln Bullding).-Abrahnm L. Lawshe, Auditor for the Philippine Islands; W. W. Barre, Deputy Auditor. Bureau of Cw1toms and Jmmigl'atiotL-W. Morgan Shuster, Collector of Customs for the Philippine Islands; H. B. McCoy, Deputy Collector of Customs: Fronk S, Cairn~. Surveyor. Bul'cau of Jntcr11al Ucvcnuc ( 147 Aulonguel.-Albert W. Hastings, Acting Collector. Insular Cold Storayc (lll(l Ice Plant.-Chnrles G. Smith, Superintendent. B1t1·ca11 of Justice.-Lehbeus ll. Wilfley, Attorney-General (on leave): Washington L. Goldsborough, Assistant Attorney-General; Gregorio Arnneta, Solicitor-General; James Ross, Supervisor of Provincial Fiscals; Geo. R. Harvey, Assistant Attorney-General for tbe Constabulary. Bureau of Eclucation (Santa Potenclnna).-Davld P. Barrows, General Superintendent of Education; Frank R. White, Assistant; '\\·. J. Fisher, Disbursing Officer. Bureau of Public Pl'inting.-Jobn S. Leech, Public Printer (ou leave) ; Edwin C. Jones, Acting. Bureau of Architect111·c antl Const1·11ctio11 of Public B11ildiugs (Calle Anloaguel.-Edgar K. Bourne, Chief. Bm·eau of At·chivcs (Palnce).-Manuel de Iriarte, Chief. de B1t~~·~~~.o[0 Pea~:;;~'. CopyrigMs, and Trade-Marks (PnlaceJ.-Manuel American Circulating Library (Orlente Dulldlng).-Mrs. Egbert, Llbmrlon. Ofllcial Gazette (Orlent' Bulldlng).-Max L. McCollough, Editor (on Jenve) ; Norton F. Brand, Acting Editor. Ce11sus Burcau.-Brlg. Gen. J. P. Sanger, United States Army, Director or the Census (ln United States). JudlciaJ'y. (Audlencla, 47 Palacio.) Chief Justicc.-Don Cayetano Arellano. Associate J11sticcs.-Florentiuo Torres, J. F. Cooper, Victorino Mapa, Cbas. A. Willard, E. Finley Johnson, and Jobn T. McDonough. Clerk.-J. E. Blanco. Reporter.-Fred C. Fisher. (Orlente Building.) Judgc.-A. S. Crossfl.eld. Judge.-Felix M. Ro:itas. (Municipal Building.) Judgc.-S. del Rosario. Associate Jurlyc.-D. R. Williams. Clcrk.-J. R. Wiison. COURTS OF FIRST INSTANCF.. Manila, Pal't 1.-John C. Sweeney, judge. Manila, Part 2.Ma11ila, Part 8.-Dyron S. Ambler, judge. Manila, Pa1·t ~.-Manuel Araullo, judge. Clel'k.-J. McMicklng. First Disti·ict.-Albert E. McCabe. Second District.;--Dionlclo Cbangco. Mountain Distl'lct.-Cbarles H. Burritt. Third Djstrict.-Artbur F. Odlln. · · .-Julio Llorente. Estanlslao Yusay . lgoaclo Vlllamor. .-Paul W. Linebarger. Grant T. Trent. Henry C. Bates. Vicente J City Government of Manila. Beekman Winthrop: president ; Basilio R. Mapa, Teodoro lspulo Feliciano, Jose Paterno, Juan ofante, Antonio Ma. Pnbalan, Vicente , Segundo Rodil, member!!: Vlcjlflte School Dlvhions amt Snperintf'ndents. ~o. Division. Superintendent. Headquarters. 1~~~~~~~·1-~~~~~~-1Manila---------------- G. A. O'Reilly-------------- i\lanlla. Albar and Sorwgon -------- E. E. Fisher---------------- Alba}'. Camarines __________________ W. B. Freer _________________ NuevnCacerell. Btttangas ___________________ H. H. Buck _________________ Batang11.~. g~ri'~n-:::::::::::::::::::: rvT. Gibbens ____ C~-Le,ViS~- ~:ft~11~'.'8n. ~ g:~fi'~-~-~~~-~~~r:_1~_::::::: ~.' -------:::::::::: ~~gt~~garao. 9 Cavite ______________________ S. ---------- Co.vite. 10 Cebu ----------------------- ------- Cebu. 11 Ilocos~ortc________________ -------------- Laoag. 12 llorossurnnd Abra ________ W veil {P. S. Vigan. O'Reilly, acting). 13 Iloilo and Antique--------- G. N. Brink _________________ Ilollo. ~t b~fo~~::::::::::::::::::::: ~':·lf: ~~~ee:::::::::::::::: ~:~~~~1:~do. 16 Lcytc----------------------- (Vaco.nt) J. L. Fiske, acting_ Tacloban. 17 Masbate ____________________ H.G.Lamson(C.H.Hanlin, Masbatc. acting). 18 Sa.mar---------------------- H. s. Townsend ____________ Catba.logan. 19 Mise.mls ------------------~- Guy Von Schaick ___________ (.;11gayan. 20 Nueva.Eclja ________________ T. W. Thomson _____________ San Isidro. ~ g~:1d~~~fU'c~ros:::::::::: h~~~~c~~~-w-::::::::::: t~·g~~ng. 23 Oriental Negl'O!i _____________ S. T. Lee {W. S. Dakin, Dumaguete. o.cting). 24 Pampanga and Bataan _____ W.A.l'reultt(J.M.Gambill, San Fernando. acting). rs kT!1o.~~~~-~~::::::::::::::::: ~: ~: ~Y!~e:ie::::::::::::: ~~r;.ren. 27 Romblon ------------------- G. E. Wo.Jk __________________ Romblon. 28 Surigao _____________________ G. N. Briggs ________________ Surigao. 29 Tarlac ---------------------- (Vll~nt) A. V. Dnlrymplc, Tnrlac. llCllilg. ~ !:~~~;::::::::::::::::::: ~t~O?ol~t~~-~:::::::::::::: f~~~ena. ~ ~~~~~~:::::::::::::::::::: g~~~~~~~ ~;. 8F.q~~k::::::: ~!~.fi~~· 34 Lepanto·Bontoc ------------ Governor Wm. A. Reed _____ Cervantes. 35 :::::::::::: g~~j~~Je~bi' ~~~~~~~:::::: ~:fu°boonga. I SchooLI W. J. Colbert, acting _______ Manila. SchooL_ G. W. Beattie_______________ Do. of Arts R. P.oe.senJG _________ ._____ Do. OFFICIAL GAZETTE 521 Provincial Governments iu the Philippines. Abra.-Bangued, capital. Governor, Blas Vlllamor; Sl.lcretary-flscal, Lucas Paredes: supervisor-treasurer, Archibald McFarland. Albny (Luzon).-Albay, capital. Governor, Ramon Santos; secretary, L. Thomas; treasurer, C. A. Reynolds: supervisor, William A. Crossland; ftscal, M. Calleja. Ambos Ca11wrines (L11zon).-Nueva Caceres, capital. Governor, Juan Plmental; 11ecretary, Roman Eorlle; treasurer, J. Q. A. Braden; supervisor, E. P. Shuman; fiscal, F. Contreras. dr:11 J:m~n ~~~~~{a;;,s8f. ~0 :1~z~er :8~~~:;!i~'r-~~~!~~fer~B.ei:f.0rRe~.!~; fis~!i~; •. ~M!ianga, capital. Governor, Tomas G. de! Rosario; secretary, L. L. Zlalclta; supervisor-treasurer, Emery R. Yundt; ftscal, Ambrocio Delgado. BalangM (!Juzo11).-Batangas, capital. Governor, Gregorio Aguilera: secretRry, F. Caedo; treasurer, R. D. Blanchard; supervisor, Ernest J. Westerhouse; ftscal, D. Gloria. Beng1wt.-Bagulo, capital. Governor, Wm. F. Pack; secretary, Egmidlo Octavlaoo; acting supervisor, (provincial governor). Bohol ( Boliot).-Tagbllaran, capital. Governor, Salustiano Borja; secretary, M. Sarmiento; supervisor-treasurer, C. D. Uplngton; ftscal, Gavina Sepulveda. Bu/acan.-Malolos, capital. Governor, Pablo Tecson y Ocampo: sec· retary, Francl!<CO Meralos: treasurer, R. W. Goodhart: supervisor, Harry Thurber: fiscal, Herm6genes Reyes. Cayayrm.-Tuguegarao, capltal. Go\•crnor, Graelo Gonzaga; secretary, Antonio Carag: treasurer, W. W. Barclay; supcr\'lsor, Wlllian1 E. Pearson; fiscal, Cayo Alonso. Capiz (Panay).-Caplz, capital. Governor, S. Jugo Vidal: secretary, Emiliano Acevedo; supervlsor·treasurer, F. S. Chapman: ftscal, A. Pardo. Cavilc.-Cavlte, capital. Governor, Capt. David C. Shanks, United States Army; secretary, D. Tirona; treasurer, Arthur S. Emery; supervisor, Elmer 0. Worlc; fiscal, F. Santa Maria. Cebu (Cebtt).-Cebu, capital. Governor, J. Cllmaco; secretary, L. Alburo; treasurer, Fred J. Sehlotreldt; supervisor, Harry C. Delano: llscal, Mariano Cul. !locos Norte.-Laoag, capital. Governor, Julio Agacollll; secretary, M. Flor; treasurer, J. N. Currie; supervisor, Paul F. Green; fiscal, Pollcarpo Soriano. 1Wco11 Sur.-Vlgan, capital. Governor, Mena Crlsologo: secretary. Fernando Ferrer; treasurer, Freil L. Wilson: supervisor, J.C. Hawley: fiscal, Vicente Singson. Iloilo (Panay).-Ilollo, capital. Governor, Raymundo Melllza: secretary, J. Yusay: treasurer, Charles C. McLain; supervisor, Maurice W. Tuttle; fiscal. Andrew V. Smith. Isabcla.-llagan. capital. Governor, George Curry; secretary, Eliseo ~l~~:::.\l; supervisor-treasurer, N. Il. Stewart; ftscal, Vicente NepoLa Lay1t11n.-;-Santa Cruz, capjtal. Governor, Juan Cailles; secretary, . Jose Rivera y Cosme: treasurer. Carrol H. La.mb; supervisor, David A. Sherfey; flscnl, Hlglnlo Benitez. La Union.-San Fernando, capital. Go\·ernor, Joaquin Luna: secretary, Andres Asprer; treasurer, Frank D. Parsons; supervisor, Bert H. Burrel; fiscal, J. Baltazar. Lq1anto-Bontoc.-Cervantes, capital. Governor, William A. Rced: secretary-treasurer, Gideon Il. Travis; supervisor, M. Goodman; lieutenant-governor (Bontoc), Daniel Folkmar: lieutenant-governor (Ambura· yan), W. F. Gale. Lcyte.-Tacloban, capital. Governor, P. Borseth: secretary, Emlgdlo Acebedo; treasurer, W. S. Conrow; supervi:;or, Oliver D. Filley: fiscal, Domingo Franco. Mmbatc.-Masbate, capital. Governor, Joaqufn Ma. Bayot y Zurblto; treasurer and acting supervisor, J. A. Comdohr; fiscal, Ambrosio Delllera. capital. Governor, Capt. R. S. omey, ThirA.; secretary, Fernando San Agustin; supervisorSmith; fiscal, Soflo Alandy. capital. Go\·ernor, Manuel Corrales; secretary, reasurer, E. E. Barton; fiscal, N. Capistrano. Moro.-Zam oanga, capital. Governor, Gen. Leonard Wood, United States Army; secretary, Capt. George T. Langhorne, United State~ Army; attorney, John E. Springer; treasurer, Fred A. Thompson: engineer and super\'ISOr, Capt. Charles Keller, United States Army; superintendent or schools, Dr. Najeeb M. Saleeby. N11cva Ecija.-San Isidro, capital. Governor, Epifania de los Santos: secretary, R. Roque; treasurer, J. Il. Green; supervisor, C. D. Wood: llscal, R. Mal'lalac. Nueva Vizcaya.-Bayombong, capital. Governor, L. E. Bennett: secretary-treasurer, William C. Bryant; acting supen•lsor, Wm. H. Nipps. Occidental Neyros.-Dacolod, capital. Governor, Antonio Jayme: secretary, L. Moreno; treasurer, P. A. CaRanave; supervisor, H. M. Wood; ftscal, M. Blanco. Oriental Ncgros.-Dumaguete, capital. Governor, Demetria Larena: secretary, J. Montenegro; supervisor-treasurer, H. A. Peed: ll!<cal. E. Araneta. Pampanqa.-Dacolor, capital. Governor, Maearlo Arnedo; secretary, M. Cunauii.n; treasurer, R. M. Shearer: supcrvlsor, S. V. Cortelyou: fiscal, E. Macapinlac. Pangasinan.-Lingayen, capital. Governor, Macarlo Favila: secretary, Benito Sison; treasurer, Thomas H. Hnrdeman: supervisor, Charles F. Vance; llscal, R. Espiritu. Paragua.-Cuyo, capital. Governor; Lieut. E. Y. Miiier; secretarytreaSUl'er, Hall H. Ewing. Rizal (Luzo1t).-Paslg, capital. Governor, Arturo Dancel; secretary, Jose Tupas: treasurer, Wm. N. Bish; supervisor, TeHalr Hodgson; ftscal, Bartolom~ Revilla. Ro111blon.-Romblon, capital. Governor, Francisco Sanz; secretary, Cornelio Madrigal: supervisor-treasurer, Julius S. Reis. Bamar.-Catbalogan, capital. Governor, Eduardo Felto; secretary, Alejo Maga; treasurer and acting supervisor, Arthur G. Whittler; llscal, Domingo Franco y Mosquera. Sorsogon ( L11zonJ.-Sorsogon, capital. Governor, Bernardino Monreal: secretary, M. V. del Rosario; treasurer, R. J. Fanning: supervisor, Harry L. St~vens; fiscal, P. Ballen. S11rigao.-Surigao, capital. Governor, Daniel Toribio Sison: secretary, Rafael Eliot: supervisor-treasurer, George A. Benedict: fiscal, F. So~:~l~c.-Tarlac, Capital. Governor, Alfoni;o Ramos; secretary, M. Barrera; treasurer, W. E. Jones: supervisor, Sam C. Phipps; fiscal, M . Ilagan. Tayabas.-Lucena, capital. Governor, Ricardo Paras; secretary, Gervaclo Uni<on: treai<urer. William 0. Thornton: supervisor, Henry C. Humphrey: ftscal, Manuel Queson. Zambalcs.-Iba, capital. Governor, Potenclano Lesaca: secretary, Gabriel Alba: supervisor-treasurer, John W. Ferrier; llscal, Juan Man· day. ®~~iri Published by authority of the Insular Government under and by virtue of Act No 453 of the Philippine Commission. VoL. II MANILA, P. I., JUNE 2!J, 1904. No. 2R PUHT.,JC J_,A WS. _.\x ACT EXTEXDJXU nm TI:\IE FOH TI-rn PAY.ME::.-JT OF THE LAXD 'L\X IX THE PIW\T'.\TE OF lLOlLO l"OR THE YEAH XIXETEEX lll"XDHED .\XD FOUR CXTIL XO\"E.:O.IBEH FIHHT. XIXETEEX Jll':\'UHED A.XD FOUR. By ttuthorily of the li11iicd ~'//111•'-~, lw it rnactcd by the Philivpinc Commi8.~ion, that: SECTIO:-> I. The p<'l"iod for tlw payment. without pcnaltr. of tlw land t.:ix for thr ,:.·<'ar nim'iPcn hun<in•d and four in the Pro\•inC"c of Iloilo is hereby <'xh-ndecl to Xo\·cmh1•r first, nineteen humlre(l nnd four. SEc. 2. The public µ:ood r<'quiriug the spl'Ccly <•na('tmcnt of this bill, the pa,;sagf' of the> same is hereby <'xpeditl'd in accorclauce with seC'tion two of '·An ~\('l pres('rihing- \.he orcl('r of procedure by thl' Conunission in th(' cwwtment of laws," passed September t\wnty-.';ixth, nin('tecn hundred. Si::c. 3. This Act sltall tukc elfoct on iL'l pa;;sagt>. Enad .. ecl, June 2. Hl04. [~o. lli4.l AX ACT EXTEXDI::\<: TIIJ.: Tn.rn FOH THE PAY:~IE~T OP nrn LA::\J) T.\X IX TIJE PRO\'IXC'E OF 1HSA1IJ8 FOH THE YEAH XIXETEEX lff::\DHED :\:\'D FOUH 'CXTIL XO\'JDinEH FJP.ST, XJXETEEX IICXDRED AXD FOUR By uulhoi·ity of the t:nilrd 1:31ull's, be it enacted by Ille !'liilippi11c Commissio1., /hut: 8•:CTION 1. The pt>riod for tlrn paymPnt, without penalty. of the land tax for thl' yC'ar uincte<'ll hundred and four in the Province of 1lbamis is hereby [•xtcnded to Xon•mlwr first, nineteen hm1dred and four. Si::c. 2. The public good rt>quiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "_.\n Act pr('scribing tht> order of proce<lme by the Commission in the enact1m•nt of la.ws,'' pa~se<l September twentysixth. niu('t('C'll hundred. 8n;. :1. Thi,.; At·t shall take (•fl'e<·t ou il,.; passage. Enaeti>d. ,June 2, 1!104. I Xo. 1173.J . .\X Al'T .H .. fllOHIZIXtt 'rHE ESTABLIRll1IEXT OF A CJH.C'l"L..\Tl:\'C: LlBHAHY IX nrn l'HOVI!\CE OF ALJL\Y. CHEATl'.'\C; .\ LlBJUgY BOAIW FOH THE SUPEHVJ8IOX. "\1.-\:\'AC;E~IE:ST. A:'\D COXTHOL THEREO.I<'. ACTI-IOHIZ· IX<+ THE BO.·\IW TO .:\DOPT .\XD PL'T IX FOHCE RVLE8 .-\X]) HE<:l'l •. \TIOXS FOH Tl·il': "\l:\X.-\CiE"\IEXT CW SAID LIBJUH\". J<J<:('J<~l\'E .-\XD ~\('lJl"IHE ~IO::\El' AXD PHOP· ERTY FOH TIIE BEXEFIT THEHEOF . .:\l\D TO EXPE'.\D THE Fl;::\DH OF HAID LIB HA HY FOH ITS JLUX'JJ~­ !-.':\XCE _-\XO FOH 'l'IJE PCRCHASE 01•' BOOKS Al\D PHOl'.EBTY FOH ITS BEX.EFIT. ll.11 u.11t/iorily of lhe Cniled :Slate.'I, be it f.'1uwtrd by the Philippine ('om mission, tlwl: 8~x.:'l'IO'.'i 1. Thc> est.:.1blisl11nc>nt of a circ·tliating library for the Pnl\"inee of :\lbay is her('by authorized. 8El'. i. Haid eirculnting lihrury shall h(' su1wn-isrd, managed. aml 1·ont1"0lll'd hy it lih1·ar:-.· hoard l"Omposc>d of the pro\'indal go\"l'l"nor. th1• 1u·o\·i1wial tn•asurer, the pro\'i11('ial snpc>rdsor, thC' di\"ision s11p1•rintf'ndf'nt of the sehool division of .\!bay ~Uld Sorsoi-.ron. arnl the prineipal of the provineial high school of .\limy. Thl' provi1wial go\"l~rnor shall h1• ehairman, the pro,·in(·ial trf'as urcr shall hP trcasurl'r, and the division s11pl'ri11lt·1uknt of tlw sl'hool dh·ision of Albay and 8orsogon shall be srcretar,v of the libl'Ury board. 8Ec. :J. Val'an('ics l"!lllsrd h,v th<' tf'mponi.ry ahsen('e or 1lisability of the provi1H'ial govl'l"llOI', the pro\·ineinl tr('US\11"('1', the provincial snpc>rrisor. the <lh·ision sup('rintc>ndent of the school clivision of .\Iha:-.· and Sorsogon. or th(' prinl"ipal of the pro\·incial high school of _.\limy ,.;hall fillr1l by the acting provincial governor, the ading pro\·incial tr<'asnrC'r, the aeting pro\·incial supervisor, the acting division suprrintl'ml('nt of the school division of Albay and Rorsogon. or thC' aeti11g principal of ti\(' provincial high ,;c·hool of Alhay. as the ('as<' may h('. Rf:c. 4. 'fhr library hoard is authorizc>d to a1lopt and put in fon·l' rulc>s and n·gulation;; for thC' manag('m<'nt of the library and to n•eein• gifL-;, donatious. dedsl',.; nm! hequ('sl,.; of monc•y, books. and prop('l"ty for the b<'nl'fit of said lihrary. The board j,.; also authorized to exp1>nd the funds of :;aid lihrary for tlw maintc ua1we thcn·of iintl for ti\(' purchase of books and property for the \J('nt'flt of said library. Si,;l'. a. The public good re11uiring the speedy enactment of this bill. tht> passage of the !:iHllH' is lwrehy cxpeditl'tl in aceonlanct' with M'l"tion two of "An Al"t pn•!:i(·l"ibing the order of procl'durc by the ('ummi,.;,;ion in thl' 1•mtctl11ent of laws," pusse<l Sl'ptember twentysixth. ni1lt'fren hundred. 8Ec. Ii. This "\Pt slwll take l'fTect on its passage. Enaet<>d, June 2, l!J04. [No. 1176.] AX ACT APPROPRIATING THI'.: 8Ul\I OJ.' FOUR HU~DRED AXD SIX TI£0C8.A~D FIVE HCNDRED A~D ~l~ETY­ TWO PESOR, PHILIPPINE ('CHREXf'Y, OH. SO "\lCCH TUEHEOF AS "\IA Y BE XEC'ER8.\RY. FOR CERT.-\IX PUlLIC \\'OH.KS, PERMAXE~T l"\IPROVE~IEXT8, ANO UTHEH. PCB.POSES OF Tim IK8l"LAR GO\'ER:s'~lENT. Hy authorit!J o{ the (.'11ited .';tales, be it e11acted by the l'hilippinc Commission, that: s~:cTro:-> I. The following sums, in Philippinf' currency, or so much ther('of as unt:'>' be uccessary, are hNeby appropriated, out of anr funds in the Trea:mry of the Philippine blimds not .123 524 OFFICIAL GAZETTE otherwise appropriated, for certain public works, permanent improvements, and other purpmlf'S of the Insular Government: BUREAU 01'' ARCHITECTURE AND CONSTRUCTION OF PUBLIC Public wo1·k.~, Burca1i of ,1rchitecture and Construction of Public Buildings: For alteration, construction, or improvement of the following-named public buildings and grounds, not to exceed in cost the amounts set opposite the names of the respective buildings and bureaus: B11rcau of Coast Guard a11d Transpol'tation: Completion of wnrehousc on Engineer Island, fin~ thousand seven hundred pesos. Bureau of Govcr11me11t Laboratories: Completion of new Laboratory building, forty-two thousand eight hundred and ninety-two pesos. Bureau of the l11sula.,. P1trchasing Agent: Sidewalk in front of new corral, seven hundred pesos; filling in around new corrul, one thousand seven hundred pesos; total, two thousand four hundred pesos. Bureau of Prisons: Completion of warehouse, including steellined corridor, gates, runway, and so forth, from Bilibid Prison to the warehouse, fixe thousnnd six hundred pesos. Total for public works, fifty-six thousand five hundred and ninety-two pesos. Building supplir.8, Bureau of .tlrchitecfu/'c and Construction of Public B1tildings: The unexpended balance of funds appropriated for "building supplies, skilled and unskilled labor for small jobs," under the head of "Public works, Bureau of Architecture and Construction of Public lluildings," in Act Numbered Eight hundred and senn,' and the funds appropriated for the purchase of· "building supplies, tools, and so forth," under said heading, in Act Numbered One thousand and forty-nine~ and One 'thousand one hundred and fourtC'en,a are hereby made a reimbursable fund entitled "Building supplies, Bureau of Architecture and Constructition of Public Buildings," from which shall be purchased all building materials, tools, and so forth, used by said Bureau: Provided, That when materials or tools purchased from the fund hereby created, or which may be in stock on the date of the passage of this Act, arc used in repair or construction of public buildings, the cost thereof shall be charged against the appropriation for such work, and the fund hereby created shall be reimbursed in a like amount. In all, for the Bureau of Architecture and Construction of Public Buildings, fifty-six thousand five hundred and ninety-two pesos. Any unexpended balance of appropriations heretofore made for expenses in carrying on the construction of the Benguct Road is hereby made available for the payment of per diems of five dollars for Captain Amo!' H. Martin, United States Army, assistant to the engineer in charge of Benguet imp1·ovcments, from September fourth, nineteen hundred and three, and per diems of five dollars for Captain Melvin W. Rowell, United States Army, disbursing officer for Benguet road and Benguet improvement!!, from November sixteenth, nineteen hundred and expenditure in payment for all work at present under contra.ct for the improvement of the Port of Manila and for continuing the improvements to the Pasig River: And provided further, That the funds hereby appropriated are available for the payment of fee of three thousand pesos to Desmond Fitzgerald for services ns Consulting Engineerl the provisions of existing laws to the contrary notwithstanding. SEc. 2. All balances remaining unexpended when any publi(' works or permanent improvements appropriated for by this Act nre completed shall be returned at once to the Treasury of the Philippine Islands and shall not be available for withdrawal or disbursemPnt thereafter, but shall be carried to the general revenues of the Islands. SEc. 3. The provisions of the first paragraph of section three of Act Numbered Eight hundred and seven, providing the manner in which withdi,;awals of moneys appropriated under said Act shall he made, arc hereby made applicable to the withdrawal of monC'ys appropriated under this Act. SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with SC'ction two of "An Act prescribing the order of procedure by the Commission in the enactment of la.ws," passed September twenty-sixth, ninctcrn hundred. SEC. 5. This Act shall take effect on its passage. Enacted, June 3, 1004. [No. 117i.I AN ACT xMgNDING 81<~CTION HIX 01" TJ-rn ~IANILA LIQUOH LICENSES ACT. /Jy a-11thori.ty of the lhlitcd Sta.tcs, be it <~11actcd by the Philipvine CommisBion, tliat: 8~;ct'I01\" I. Section :,;ix of Act Nnmberc>d Fifty-nine,' known as "The Manila Liquor Liccm1es Ad," is hereby amended to l'ead as follows: "SEc. Ii. All saloons, bars, and other drinking places shall be closed from iwelYe o'clock midnight until five o'clock antemeridian the following day, <·xccpt that when the following day shall bo Sunday they shall remain closed until five o'clock antemel'idian the following :Monday; and it shall be unlawful for any person to sell, gh-e awn}', or otherwise dispose of any fermented, malt, vinous, or spiritous, or other intoxicating liquors between the above-mentioned hours except as herein provided, but the words 'give away' where they occur in this Act shall not apply to the giving away of intoxicating liquors by a person in his private dwelling, unless such private dwelling shall become a place of public resort." S~;c. 2. The public good requil'ing the speedy enactment of this hill. the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. Enacted, June 4, 1904. !~::~ :~dc::;tr~:~::n!/~c~~u~i· r~~!~~f !~:mtc~o:;:~~e;es~~ lNo; lli8.] in full settlement of all claims by him against the Government AX A('T EXTENDli\G THE TIME FOR THE PA Yl\IENT OF of the Philippine Islands. THE LAXD TAX IK THR PROVINCE OI•' OCCIDENTAL IMPROVEMENT OF THE PORT OF MANILA. For continuing the improvements of the harbor of Maniln, and other public works, as provided in Act Numbered Twenty-two ns nmended, three hundred and fifty thousand pesos: Provided, That the funds hereby appropriated shall be expended by the Civil Governor through the Chief Engineer of the Philippine Division of the United States Army, and arc available for I 1 Off. Gaz., 569. 2 2 Off. Gu .. , 137. 3 2 Off. Gaz .• 325. XEGH08 FOR THE YEAH NINETEEN HUNDRED AND FOCH UNTIL OCTOBER FIHS'l', NINETEEN HUNDRED AXD FOUR. By rwllwrity of tli<: l:nitcd Ntotc.~, 1!1~ i-1 nmcle<l by the Philippine Commission, that: ~ECTIO'.'i l. The pc>riod for tlw payment, without penalt~'· of the land tax for the year nineteen hundred and four in the Province ----- " - - - - - '1 Public Laws, Aonote.ted, 75. OFFICIAL GAZETTE 525 of Occident.'l.! Negros, is hereby extended to October first, nineteen hundred und four. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty· sixth, nineteen hundred. S_i.:c. ;t This Act shall tnke effect on its passage. Enacted, ,June 6, 1904. [No, lli9.] A~ ACT AMENDING THE PROVINCIAL GOVERNMENT ACT AS AMENDED HY ACT NUMBERED !<'IVE HUNDRED AND EIGHT'Y-FIYE. llY PHOVIDING FOR THE PAY· :\!ENT FH.Ol\I l'HOYJXCIAL FUNDS, OF THE SALARIES OF' PERSONR NOT AL.HEADY IN THE SERVICE OF THE GOVERN?i.1EXT WHO J..IA Y BE APPOINTED BY THE CIVIL GOVERNOR TO l<'ILL TEMPORARY VACANCIES IN THE OFFICE OF PHOVI~CIAL GOVERNOR. By a1lthority of tlw UnUcd Sta.tcs, bf~ it enacted by the Pldlippine Commission, that: SEcTIO:N' I. The Provincial Government Act, Numbered Eightythree, as amended by Act Numbered Five hundred and eighty-five,' is hereby further amended by adding at the end of the first sentence of the JH'O\'isional clause in section one of Act Numbered Five hundred und eighty-five, the words "and in case such person b not at the time of uppointuwnt in the service of the Government his sulury sliall be the same as the regular provincial governor and shall be pnid out of provincial funds.'' SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the snme is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall be retroactive, and shall take effect as of January first, nineteen hundrNl. and four. Enacted, June 7, 1904. [No. I180.] AK ACT EXTENDING THE Tll\IE FOR THE PA Y.MENT OF THE LAND TAX FOR THE YEARS NINETEEN HUNDRED AND THREE AND NINETEEX HUNDRED AND FOUR IN THE .MUNICIPALITIES OF ALAMIN OS, BANI, BOLIN AO, A~DA, AGXO, SAK ISIDRO, AND INFANTA, FOR).IERLY BELONGING TO THE PROVINCE OF ZAMBALES BUT RECENTLY TRANSFERRED TO THE PROVINCE OF PA~GASINA~, UNTIL JULY THIRTY-FIRST, NINETEEN HUKDRED AND FOUR. By authority of the U11ited States, be it enacted by the Philippine Commission, that: 8ECTIOX 1. The period for the payment, without penalty, of the land tax for the }"ears nineteen hundred and three and nineteen hundred and four in the municipalities of Alaminos, Bani, Bolinao, Anda. Agno, 8an Isidro, and Infant.a, formel'iy belonging to the Prnvince of Zambales but recently transferred to the Province of Pangasinan, is hereby extended to July thirty-first, nineteen hundred and four, anything in pl"e,·ions Acts to the contrary notwithstanding. SEC. 2. The public good requiring the speedy enactment of this hill, the passage of the same is hereby expedited in accordance with ~retion two of "An Act prescribing the order of procedure by the 1 1 orr. Gaz., 16. Commission in the enat'tment of law8," passed September twenty:-;ixth, ninetf'en hundred. S~:c. :l. This Aet shall take effect on its passage. Enncted, June 8, 1904. [No. 1181.] AN ACT EXTENDING THE TIME FOR THE PAYMENT OF THE LAND TAX IN THE PROVINCES OF !LOCOS SUR AND ZAMBALES FOR THE YEAR NINETEEN HUNDRED AND FOUR UNTIL OCTOBER FIRST, NINETEEN HUNDRED AND FOUR. B!/ autliority of the United States, be it enacted by the Philippine Commissio11, tha.t: SECTION I. The period for the payment, without penalty, of the land tax for the year nineteen hundred and four in the l'l'Ovinces of Jlocos Sur and Zambales is hereby extended to October first, nineteen hundred and four. S~:c. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordnnce with section two of "An Act prescribing the order of procedmc by the Commission in the enactment of laws," passed Septemb1•1· twenty-sixth, nineteen hundred. SEC. 3. This Act shnll iake effect on its passage. F.nacted, .Tune 8, 1904. [No. 1182.] AN ACT TO PROVIDE FOR A PRELIMINARY LISTING OF :MANUFACTURERS OF ALCOHOLIC AND TOBACCO PRODUCTS AND MATCHES, AND FOR AN INVENTORY OF THE STOCKS 01<' GOODS IN THEIR POSSESSION WITH A VIEW TO FURNISHING A BASIS FOR TAXATION BY AN INTERNAL-REVENUE LAW. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION l. The Acting Collector of Internal Revenue shall at once secure in the city of Manila, and in the provinces, through the provincial treasurers, the listing of all distillers, rectifiers, and manufacturers of alcoholic liquors, manufacturers of fermented liquors, of cigars, cigarettes, and other tobacco products, and of matches, and shall transmit such lists as soon as prepared to the Secretary of :Finance and Justice. SEC. 2. Such lists shall contain the name and residence of each manufacturer, the location of each manufactory, the output during the current fiscal yenr in liters, thousands, kilograms, or other count or measurement of the several articles actually manufactured in each of said manufactories during said year, and as approximately as may be possible an estimate of the prospective output during the fiscal year ending June thirtieth, nineteen hundred and five. SEc. 3. At the time of making such lists the Acting .Collector of Internal Revenue and provincial treasurers or their deputies shall prepare a complete inventory of all stocks of such alcoholic or fermented liquors, cigars, cigarettes, other tobacco products, and matches, as may be then on hand in the manufnctory premises where produced, or undisposed of in the possession of the manufacturers thereof, and for such purpase shall have the right to enter upon such premises and make such inventory. Record shall be kept thereafter by each manufacturer of all such goods manufactured in his manufactory or disposed of by him. SEc. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure 526 OFFICIAL GAZETTE hy the Commission in the enactment of laws," passed September tw.mty-sixth, nineteen humlred. s~:c. 5. This Act shall tnke effect on its passage. Enactt>tl, .Tum~ 8, 1904. [No. 1183.] AN ACT APPROPRIATING AN ADDITIONAL SU:l\l OF EIGHTY-SEVEN THOCSAND DOLLARS, IN MONEY OF THE UNITED STATES, FOR THE PURPOSE OF CONTINUING AND COMPLETING THE PREPARATION OF THE EXHIBIT OF THE PHILIPPINE ISLANDS AT TI-IE LOUlSlANA PURCHASE EXPOSITION, AND THE CARRYING ON IN GENERAL OF THI<~ WORK OF THI~ PHILIPPINE EXHllllT. By <rnf1writy of the U11ited Slates, be it c1iar:tcd by the Philippine Cummissio11, that: SEC'l'IO:S I. There is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, the additional :sum of eighty-seven thousand dollars, in money or the United States, to be expendC'd by order of the Exposition Board in the prcparntion und maintenance of the Philippine exhibit at the Louisiana Purchase Exposition at Saint Louis, Missoul'i, for the pmposcs and undt'r the l'estrictions set forth in Act Numbered Fin> hundred and fourteen, us amended by Act Numbered 8even hundred and sixty-five,' und for the purpose of continuing and completing the preparation of the exhibit of the Philippine Islands at said Exposition, and for meeting the expenses provided in Act Xum'bel'ed 8even hundred and sixty-five, for completing the necessary buildings fol' the exhibits, for laying out the grounds included in the trnct of land assigned to the Philippine exhibit, and for the general purpose of carrying on the exhibit, including the care and custody of the exhibits, and the general expenses authorized to be incurred by virtue of Act Numbered Fin~ hundred and fourteen, as amended. The sum hereby appropriated shall be expended by order of the Exposition Board and in accordancl· with existing law. :-;Ee. 2. The public good requiring the speedy enactment of this bill, the pmisugc of tlw same is hereby expedited in accordance with Sf'ction two of "An Act prescl'ibing the ordn of procedure by the Commission in the enactment of laws," passl·d September twenly·sixth, nineteen hundred. SEC. :t This Act shall take C'!fect on its passag<'. Enacted, .June 9, 1904. [No. 1184.} AX ACT AMKNDIXG ACT NU:\IBERED EIGHT HUNDRED A~D SIXTY-SEVEN SO AS TO PROVIDE THAT THE COCH.T \'ACA'flON FOll THE COL'RT 01•' FIRST INSTANCE FOR THE ~\lOUNTAlN JUDICIAL DISTRICT 8HALL BE DlJRING THE MONTHS OF AUGUST AND SEPTE.}lBER, AND CHANGING THE TL\iES AT WHICH L'Ol'.R'fS OF .FlR8T INSTANCE SHALL BE HELD IN THAT DISTRICT. By authority of the United States, be it enacted by the Philippine CrmHnission, that: SECTIOX I. Section one of Act Numbered Eight hundred and sixty-;wn•n,' n·lating to thP org<tnization of courts, and the times and places for holding sessions thereof, is hereby amended by adding ut the end of that portion of section one, entitled "8ec. 5. Com·t vacation and judicia.l leaves of absence," the following words: "Provided, hou;ever, That the court vacation for thC' Mountain ,Judicial District shall be during the months of August and September of each year." i 1 Off. Gaz., 340. 2 1 Off. Gaz., 682. SEC. 2. That portion of section seven of said Act Numbered Eight hundred and sixty-seven which provides for the times and places for holding Courts of First Instance in the Mountain Judicial District is hereby amended so as to read as follows: "llOUNTAIN DISTRICT. "At Baguio, in and for the J>rovince of Ilenguet, commencing on the first 'l'uesdays of December and April of each year. "At Bayombong, in and for the Province of Nueva Vizcaya, commencing on the first Tuesdays of January and !\fay of each year. "At Cervantes, in and for the Province of Lepanto-Bontoc, commencing on the first Tuesdays of February and June of each year." SEc. :l. 'l'he public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This Act shall take effect on the first day of August, nineteen hundred and four. Enacted, ,fune 9, 1904. PROCLAMATION. BY THE CIVIL GOVERNOR OF THE PHILIPPINE ISLANDSA PROCLA:\·IATIOX. The following act of the Congress of the United States, hu.ving bel'n appl'oved by the President of the United States on the fifteenth day of Apl'il, anno Domini nineteen hundred and four, is hereby published for the information a.nd guidance of nil concerned: "AN ACT TO H.EGULATE SHIPPING IN TRADE BETWEEN PORTS OF THE L'!'\ITED STATES AND PORTS OR PLACES IN THE PHILIPPINE ARCHIPELAGO, BETWEEN !'ORTS OR PLACE8 IN THE PHIUPPINE ARCHIPELAGO, AND FOR OTHF.R PURPOSES. "/Jc ii c1mctcd by the Bcnutc (11!d /louse of Representatives of the U11il1'd Ntal1'.<1 of :lmaim in Congress assembled, That on and after .July first, nineteen hundred and six, no merchandise, <'Xcept supplies fol' tll<' Anny or Navy, shall be transported by sea, under penalty of forfeiture thereof, between ports of the United Stutes and ports or place~ in the Philippine Archipelago, directly or via a foreign port, or for n,ny part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any foreign vessel between any port of the United States and any port or place in the Philippine Archipelago: Provided, That no merchandise other than that imported in sut.'h vessel from some foreign port which has been specified on the manifest as for another pol't, and which shull not ha\'l' been unloaded, shull be carrk-'<I between a port of the United States und a port 01· place in the Philippine Archipelago. ;'SEC. 2. That on and after ,July first, nineteen hundl'ed and six, no fol'eiJ:,'11 vessel shall trnnsport passengers between ports of the Cnited States and port» or plnees in the Philippine Archipelago, eitht'r directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger ,;o transported and landed. "SEC. 3. That sections one and two of this Act shall not 1Lpply to the transportation of merchandise or passengers between ports or places in the Philippine Archipelago. Until Congress shall hin·c nuthorized the registry as \•essels of the United States of ,·esscls owned in the Philippine Archipelago the Go\·crnmcnt of tlw Philippine Islands is hereby authol'ized to adopt, from time, itnd enforce regulations goveriiing the transportation of merchandise and paso;engcrs between ports or plaePs in the Philippine Arehipclago. "S•:c. 4. That sections one and two of this Act shall not apply OFFICIAL GAZETTE 527 to tlw rnyagl' of a wssel bC>tWt>!i'n n port of lhl' United States and a port or plnee in th(• Philippin<' Archiprlago begun before ,July lirst, ninetf'en htmdrrd nnd six. "81-:c. :i. That srC'tions onf' and two of this Act shall not apply to V<'ssrl;:; own('d by the United States, "8Ec. G. That on and nftrl" the JlllSl'l!lge of this Act the same tonnaJ.!C' taxrs shall hr l<'vit>d. ('Oll<'rl<'d, and paid upon 1~11 foreign \·C's.-l•ls 1'0111ing into thC' l'nitC'd StaW.<i from the Philippine Archipelago which arl' rNtuirl'd b~· law to ht• levit>d, eollf'<.'ted, and paid upon ,-e;;srls C'oming- into th<' Cnitf'd Htntes from foreign countries: Prodded, howna. Thnt until ,ful:.• first. ninl'tcen hundred and six, tht> JlrO\"isions of Juw restriC'ting to \'{'ssels of the United States the transport.ation of passengers and merchandise directly or indin•dly from onc port of tlw l'nitcd Htatcs to <lllOtlwr port of tlw l'nit<'d Stat1•s shall not h<' n-pplicable to forl'ign vessels l'ngaginl! in trnde hetwcl'll lhl' Philippine Archipl>lago und tlw llnited Rtat('s: ..lml 1>roridccl furtlwr, Thnt the Philippine Commission shall lw :u.1thorizl'd and empowered to issue licrm~e.<; to engage in ligl1tcrag1· or othrr rxc•lusi\·pJy harbor business to vessels or or otlwr 1•raft aetually rngagNI in su('h business at the date of the pnss1tg1• of thi:-1 Al't. and to vcsst•ls or other craft built in the l'hilippinc hlands or in the l'.nitcd RtntPi; and owned by ('iti?.ens of thc Cnit(•d Htatps or by inhnbitnnl<i of the Philippine Islands. "8F.:e. i. That this Ac•t shall not b1• ('()n-ttrued to impnir 01• affect an~' pri1·ilrgc gnarantffd to Spanish ships and merchamlise by the treat~· of JJl';lee betwe£'n the CniU•d States and Spain signed at the eit:1 of P11.ris on Dl't·t•mber lt>nth. t'ighh~n hundred n.nt.l ninetyPig-ht. nml rntifi.1•d April Ple\·enth, Pightl'f'n humll'ed and ninetyninl'. "RF.t'. 8. That th<' l"il'l'retnry of {_'onmwH·{' nnd Lnbor shall. from time to tinw, issue rl'gulntions for the c•nfon•£'ml'nt of this Act. <'X<"E'pt i(s oth1•rwise provided in section thrl'e: Provided, Tlrnt snd1 of thc navigation laws of the Cnited States as nre in force in thl' Philippine Arl'hipelago in rPgnrd to wssels arriving in the Philippine hln.nds from the mainland Wnitol'y and other insular possl•ssions of th1• Cnitt•ll 8tntf's shall eontinuf' to IX' adminis· tt'r('(I hy tlw 111·opPr ollieials of thl' govPrnment of tlw Philippint' l~laml:-1. "Approv<.'d. April };'), l!l04." Dmw at Liu· l'ity of )lanila this twentieth day of .Ami', anno Domini J1inet('e11 hundred and four. Hy tlw Civil GOVt"l'llOI': LUKE E. WRIOllT, Civil Gorernor. F. \V. CAHPE:N'TElt, :I cling Hxecutivc Hccrctal"y. EXECUTIVE ORDER ·nrn nm·F.H~UF.XT OF THE PHILIPPINE 18LAND8. OJ<'FICE OF THF. CIVIL GOVERNOR. ).fax11.A, .June 21, J!J04, ExE~~:.l~~.OnnE" } Till' offieial rate for the acl'eptancC' of 8panish-Fi\ipino C"urrency, in pa,vment of pnblic dues, from and aftA.>r June thirtieth, nineteen hundred and four, and until further notice, is hereby fixed at the ratio of one peso and thirteen centavos, 8panish-Filipino currency. for one peso Philippine enrrenf'y, or its equh,alent in United 8tates ('UJ'l'enf'Y. Xo ]..i('xif'an !Jl'SOs will be l'l'CCfrPd in payment of public ducs, and nl'ithC'r ~1Pxican peso,- m· Rpanish-Filipino coins will he pur· chased hy the Go\.('l'llJnf'nt bPtwN'n June thirtieth and September thirtil'th. ninrteen hundred and four. and afte-r the last-named date tlwy will be pt11·f'hJ1sed only at their bullion value. LUKE E. \VRIGllT, Civil Uovcnio1., DECISIONS OF THE SUPREME COURT, (N:o. 1132. April 2, 1904.J .lJ..HlTlXJA.SO JI. VELOSO, plaintiff and apvcllant, 1:s. PRTROSA XAGU/7' HT AL., defendant.~ and appellecs. 1. RF-Al, ESTAT•:; Aov1msE POSSESSION; STATt.:TE OF LIMITATIONS; ExTRAOIW!f'ARY PRESCRIPTION.-Both the Civll Code and the law In force prior to Its enactment require an adverse poHsesslon of thirty years to bar the title or the real owner, when such posHes~lon Is not accompanied by a colorable title believed by the possessor to be sufficient to vest him with ownership. 2. Ill.; PosSESSORY INFORMATION; CANCELLATION.-The Inscription In the land regl,.ter of a possessory Information is no defense to an ejectment »Ult by the real owner, when brought before such possession ripens Into ownership by prescription, and wlll be cancelled at the Instance of the owner. APPEAL from a jrnlgment of the ('ourt of First Instance of Manila. The· facts a1·1· stat1•d in tht> opinion of the court. )IAltTl:\"IA;";O M. VELOSO, OU his own behalf. .MAHIA:\"O .i\IoNllOY, for appl:'lh·es. ARELl.ANO, C .. /.: This case concerns n piece of land containing l,89i square nwters and 24 square centimeters, situated on the Island of Tanduay, of this city. The subject-matter of the suit, as to its identity, is well defined and leaves no room for doubt between the pal'til's litigant. This land is ut the present time in the possession of the three defendants, as children and lawful heirs of their father, Don Santiago Nnguit; in his lifetime it was regal'ded as one tract, hut is now considered as divided into three parcels, one for eneh hcir. The plaintiff, Don Martiniano Veloso, bl'ings i;uit for the 1·ccovery of all three of these parcels as part of the Island of Tnnduay, of which, with the exception of certain portions, he claims to be the owner. In 1!101 the defendants rt:!corded a possessory information co\'l'riug- the three pucels. This inscription, which appeal's in the books of the North Register of :Manila, is one of the fncts 11111'1,'l'd in the> complaint by Veloso as the ground of his action for the recovery of the land. The attorney for the deft>ndants sa:rs: "The l'£'Co1·ded possessor~· informations which Mr. Veloso mention.'!, the Pxistencc of which he therefore knows, nevertheles~ l'l'Sl'l'\'ing them for exhibition in case of necessity." (P. Iii, sic.) Tlw foct that the posscS8ory informations are recorded is one of tlw grnunds of the action brought by Veloso. The relief sought is a (lPclnration of his sole and exclusive ownprship of the lot in question, and the annulment of the possessory informations obtained upon them by the defendants and consequently the t'llncellation of the recordation thereof in the register of property of the Xorth District of this cit~·, within the district of which the land in qu('stion is located. The complaint was filed September 28, l!JOI, and consequently before the enactment of the present Code of Civil Procedure, Th<' cntil'P ca,;e wns eonducted up to this stage in accordance with the formPr law of C'i\·il Procedure, with one exception, thut of tht> taking of evidence. The title deeds upon which the plaintiff relies run ha.ck to the year 1621. (I) The most recent document is a deed of gift from Don Melchor Veloso to Don Martiniano. (2) Don Melchor obtainecl title by a similar gift from his brothers and sisters, Don Bu£'navl'.ntura, Dofia Damiana, and Don Mariano, legitimate children of Don Gabino Veloso, deceased, who in his will bequenthed the Island of Tanduay to these children. (3) Don Ga.vino Vcloso in his lifetime had become thl' owner of the island by purelmsf' from Don Jose Perez Garcia and Don Jose Luciano Roca, the lith of June, 1808, the consideration being 12,000 pesos. ( 4) Rol'n had purchased half of it from Don Leopoldo 528 OFFICIAL GAZETTE :-irgumlo Pacheco, March 11th, 1868, and was tenant in common with l'cn·z Gnrcia, who, on the 6th of September, 1865, had purchased the property from the testamentary estate of Don Cristobal Arlegui, purchasing first the dominiuin utile and sub· sl'quently the entire fee, the legal title having been conveyed to him by the Convent of San Sebastian, the 18th of November, 1865, in consideration of 3,000 pesos. Subsequently to this date he conveyed a half interest to Pacheco in the month of Dccl'mbC'r for 6,000 pesos, and this half interest as has been stated wi\S conveyed in turn to Roca. (5) The Convent of Snn Sebastian, and formerly the corporation of Recoletos, had acquired the island by donation, made the 2nd of Septembrr, 1621. by Doiia In('s Daitin. with lhe consent of her hnsbuntl, Don :\liguel Baual. Th(' attorney for the defendants spoke nt some length concrrn· ing llwse do"uments, but did not except to their admission, and did not refer to them again in his reply or elsewhere in the course of the suit. And it is certain that an exct'ption based upon the objections made b;r thl' deff'ndants' nttorne)' could hnw been suceessfully opposed by no othl'rs than the heirs of tlw donor, lnl's Daitin. The plaintiff in his C'Omplaint antieipatt'd th<' defense of prescription by the defendant!!, bnt the latter express!)' stated in thC'ir answer that they had not thought of making m1c of the def1•nse of prescription, and that it wns not necessary for them to do so. Consequf'ntly this plui.sc of tlw case wa:i not discussed in the pleadings. The question was, howewr, raised in the evidence b~· means of two witnesses. One of them said that Santiago Naguit, under whom the deff'ndants claim "had been in possession 'for forty ycan;, more or less," Thi' other witne11s said. that he knew that Naguit had been in possession of the lot in qtt<'stion for thirty years more or less. These witnesses were' testifying in 1902. (Record, p. 223 and 227.) With respect to this plea of the statute of limitations, the documentary evidence of the defense is conclusive, to wit, a rcstitutory interdict, and an interdict of peaceful pos:-;ession. In the rC'stitutory interdiet obtained by Don Santiago Naguit against Don Ga,·ino Veloso, n judgment was rcnder<'d in fa\·or of Naguit .JanunQ' 28, 1880, ordering the restorntion of possession to him, which judgment was affirmNl subsequently by the Audiencia of ~fanila by judgment dated February 21 of the >iaml' year. As the order of the Court of First Instance was made in January, 1880, it follows thnt the statement therein contained that the complaint had be'en filed the 22d of October of the preceding year, ll\{'ans that it wa>i filed in October, 1879, and that when the witnesses for the interdict testified that it was a fnct that the plaintiff had been in quiet and peaceable po.o;scssion of the lot in question for more than three years, it appeared that he had hel'n in possession since September or October, 1876. In the proceedings concerning the interdict of peaceful possession (interdicto de retencr) of another portion of the land in question, brought by Xaguit against one Gregorio Cleofns, the plaintiff and his witncsse!l stated, in ~foreh, 1887, that :s'"aguit had been in possession for two years, so that the possession dated from March, 1885. From September, 1876, to September, 1901, the date of the filing of the present complaint, only twenty-five years have elapsed, and from 1885 to 1901 sixteen years. It follows, therefore, that the period of thirty or forty years' posses;iion affirmed by these witnesses, is conclusively contradicted by the documentary e\·idenec of the defendants themselves, from which the period of only twenty-five years appears with respect to one portion, and of sixtl'('n years with respect to the other, this being insufficient for the period of extraordinary prescription without title, under tl1e provisions of law 21, title 29 of the third partida, entirely similar to the provisions of article 1959 of the Civil Code now in force. \Ve can not therefore sustain the exception of cxtrnordinury prescription of thirty year>i, first because the plea of prescription wus not set up in the pleadings, and second, because even had the issue been raised, the evidence does not show the lapse of a pel'iod of thirty years, as required by the law. Nor can we sustain the exception of ordinal'y prescl'iption of ten or twenty yeal's for the same reason, to wit, that the plea of prescription was not presented bY the pleadings. But even had preecl'iption been plead~d, it would have been necessary; in ordel' to make out a defense on the ground of ordinary prescription, both by the old law and by the pl'esent law, to show in addition to the passage of time, a just title by virtue of which possession commenced. (Art. 1957 of the Civil Code.) With respect to the two pol'tions of land which were the objects of the two interdicts aJJ'eudy referred to, the documentary evidence presented by the defendants themselves says nothing except that they were swampy lands, which Don Santiago Naguit had filled in, and that the filling of one_ of them had cost him $300 and of the otlwr, $100. Throughout the entire course of the case th<! defendants have not shown that the fact of mere occupation 01· filling of a piece of land is a legal title of possession and ownership which is sufficient to overcome the titles presented by the plaintiff in support of his complaint, recorded in authentic public instruments, and against the contents of which no allegation of falsity or any other allegation sufficient to overcome them has been made in the manner required either by the old law or by the law now in force. Tlwse deeds are the original deed of donation of 1621; the deed of possession of 1G4l; the deed of en/Ueu&is or conveyance of the dom-i-11ium utile made in 1849; the deed of conveyance of the same dominium utile of 1865; the deed of consolidation of the dominium utile with the dominium dVrectum in the same year; the deed of conveyance of an undivided half interest, the first in the sume year 1865, and the second in 1868; the sale of both half interests in the same year 1868, and finally the deeds of donation dated 1891 and 1900, bringing the title down to the plaintiff under the deed of gift made in the year 1900. The mere allegation that these are titles sine re, not accom· panic>d by possctision, is not sufficient; in the first place because although physical possession may not have accompanied them, nevcl"thdess juridical possession was always inherent in them by opcrntion of law; in t-hc second place, because a mere physical possession is unvailing against title deeds until this adveriJe possession is raised to the category of ownership; in the third place, because among the benefits derived from possession, such as the right to utilize the actions of interdict, to finally obtain a title by prescl'iption, and the right to the presumption of ownership as against any other pc>rson seeking possession, is not included the l"ight to oppose a l'C\·indicatory action; and in the fourth pince, because the recoL"d does not show an absolute lack of possession on the part of the persons holding those titles, or even that their possession had been denird or unrecognized, but rather the contrary. In 1621, according to the public instrument marked "Exhibit A" which records the original donation, the donor said: "There are (rcfoning to the lands at Tanduay) some nipa groves and fields upon them. Tlwy nre under cultivation, and there are some Chinamen thel'<~, who pay the rent and acknowledge the ownership of the donor * '" • " and the procurator of the donecs, in aeecpting th(' donation, in an instrument of the same date, said that the native inhabitants of the district wherein the said Don Miguel and his wife resided, were to be preferred to any others with re~pect to the cultivation of the lands, on the same conditions as before, without increasing the charge or rent, For the fol'mal act of possession solicited by the procurator, notice was sen•ed upon the governor of Quiapo and three of the pl'incipal inhabitants, and there was no opposition, possession having been given on the 19th of October, 1641, although among some of the people who were present, some stated that OFFICIAL GAZETTE 529 they had law suits 1wnding with the donor, but demand having been made upon tlwm to state- what the grounds of the suits were, or to show the deeds to tl1e lnnds which they said were theirs, they failed to do so. On the 30th of January, 1Rfi8, tlw .-l11diencia of Manila dC'cidl'd on appeal the opposition made by Victoriano et al. against an interdict of possession brought b:o.• ,Jose PC'rez Garcin, one of the predecessors of the present plaintiff, and the jucl~mcmt r<'lldered, which was introduced in evidence by the defendants, reads as follows: "Considering that in order that the interdict for the nquisition of possession may be granted, it is one of the indi,;pensnblc requisitrs that no one be in possession ot' the lands of which possession is sought under clnim of ownership or usufruct; coni>idering that the possessor can not be d<'prived of his possession without having his day in court; considering that those who lun·e opposed the possession claimed by Don .Tose Per<'z Gnrcia allege that tlH",\' are in posses!-:ion of part of the hmds on the Island of Tanduny, and that Perez Garcia has not proved the contrary, the order appealed is affirmed with rcsp<'et to the portions of land not possessed by others, but is rcvel'se>d with respect to the lands which arc possessed by others, nnd the parties arC' remittt>d to their ordinary action for the determination of the. question of ownership." As documentary evidence introducrd by the d<'fcndants it may proprrly be considcrrd ngainst thmn in so far us it is unfavorable to them in this suit. From the dr.cision in question it appears vcr,\' c,·idently that .Josr Perez Garcia was g-iven judicial possession by the inferior court of thr lands of the Island of Tanduay solicited by him, which possrssion wa:-; nffirm!'d on appenl by the final. judgment of .Tammrr :lO, 1868, (•xcept as to certain 111nds which had been the object of opposition by Victoriano et al.; that as to the drfendnnts it must he considered as conclusivel,\· e>stahlished that from the month of January, 1868, Don Jose Perc>z Garcia, in addition to tlw right of possl•ssion accompanying his ownership of the> lands in qu<>stion, hnd the actual possrssion judicially confrrre>d b,\' means of thr intrrdict; that on that date Don Santiago Xaguit had not ye>t thought of going upon the two pieces of land which, according to the two interdicts which he brought against Gabino Vrloso and Gregorio Cleofns, he had filled in in 1876 and 188!'> rc>spectivc>ly: that these lands which he l'ntered upon and filled in in 1876 and 1885 were possessed judicially, notoriously, and publicly h,\• Don Jose Perez Garcia, at least since 1868, unless the defendants can show that Nnguit succeeded to the interest of Victoriano et el. as to whom the judgment of 1868 had resel'vcd their possession against the claims of Perez Gincia; that in cons<>qm•ncc, the l'ntrance by Naguit upon lands lawfully possessed by another, without an,\' contract to authorize such cntrnnce was an act necessary illegal, which could not. he considered as lawful possession, and much less lawful possession under title of ownership, for such a possession can not exist in favor of two possessors at the same time, and it is unquestionable that thr possrssion obtained by Perez Garcia in 1868 was possession as owner (arts. 445 and 4447, Civil Code); that thr possession testified to in the possessory informations recol'ded in the registrr of property of the North District of Manila, is wholly immfficif'llt as a ground for opposition to the lawful possession of Prrt>z Garrin as owner, und consl"quently as that of his uninterrupt<'cl succ('ssor:-; clown to the present plaintiff, and which has hrrn shown conclusively by the do('umcntary evidcncP pn•st>ntt>d hy the de>fendant:-; thl"msC'h·es. Consequently the J'C'Cord Should he cancf"llt>d and the plaintiff's l'ight reeogni7Rd, not only to the ownership of the land, but to the> possrssion thl'rrof against a mere trrspn:-;ser, rspeciall,\' as his owne>rship is (•\·idrncecl by title dee>ds which have not been attacked as false or in an~' wise overcome in this suit. \Y(• there>forc decide> (I) thnt the hnilding lot in fhc burrio of Tanduny, District of Quin po, city of Manila, described autl specified in the complaint according to its metrs and bounds ns thr('e pnreels now divided betwern the thl'ee defrndants as hrirs of 8antiago Naguit, is the 1irop!'rty of the plaintilT, 7\fal'tiniano ::\I. Veloso; that the possl"ssory informations obtained by the dl'fendants and recorded in the registr~· of the north district of this city, ure null and void, and the cancl'llation thereof is hereby directed; and (2) that we- give judgment against the defendnnts for the costs of the tria.l comt, but do not nwtird cosh; on the appenl. Torres, Cooper, \Villard, and Mapa, ,J.J., concur. .Judgment reversed. [No. 1658. April 2, 1904.) 'l'llB U.Vl'l'HD 8'1'1l1'1'JR, complainant and appellce, ·r8. fJS'l'AN18L.10 !JABA YA 1'J'l' 11£., defendants and a1>pellants. ClllMlNAL LAW; BRIGANDAGK-Convtctlon for brigandage sustained. APPEAL from a judgmrnt of the Court of First Instance of (.\•bu. The evidence as to tlw defendant, J~stanislao Labaya, showed that. hC' was one of the lraders of a band of brigands opernting in the Prnvincc of Cebu. LU<:As noNZALEZ, for appellants. :-\olicitor·Gcneral ARANt:'fA, for aJllil'llec. Wll.LAim, J.; The only e\·idencc in tile case against the dC'fendants Leonardo Punihon and Silvestre Sndorra is the tesimonv of the witness 8iuwon Homcro. If this could be believed it ,;ould be sufficient to condct them, but we doubt its correctness. Th<• witness hnd no acquaintance with these defendants. He h·stifi('d that he su.w them in the camp of the bandits when he was a prisoner therein for two days. He did not know their names, and had no conversation with them. They were two among four hundred others in the same camp. \Ve are not convinced that he rrally saw these two defendants at this time. His statl'ment that he was present when they were arrested soon after a fight in the same locality, we are satisfied is not true>. Lugn, a witness for the Government, testified that he arrested these defendants in their own houses in' El Pardo, iuul one of the defendants' witnesses testified to the same thing. The evidence is not imfficient to convict them, But as to the other defendant the evidence is 1mflicient. In Yi<'\I' of the sentences imposed in other cases of this character coming from this JHm·ince, the penalty of death, inflicted by tht> court below, is changed to life imprisonment. The judgment is reversed and the defendant Estanislao Labaya is convicted of the crime of brigandage, and sentenced to life imprisonment, with one-third of the costs of both instances. Tiii' defendants Leonardo Pnnibon and Sih'estre Sadorra arc acquitted, with two-thirds of the costs of both instances de oficio. Arellano, C. J., 'forres, Cooper, Mapa, McDonough, and Johnson, J.J., concur. Judgment modified. [No. 19flti. April 9, 1904.] PLA l'IA.VO ]<'}][,/ZAR no FJ'l' Al,., petitione1".q, 1"8. the JUST/CB OP TH/<J PEA.CR 01'' IMUS, respo11de11t. 1. •Pc,J<:ADING AND PRACTICt:; ATTACHMENT; CLAUJ.-0De whose property has been attached upon procesi; In a case to which he is not a party may tile a claim with the officer executing the utlachmeut In accordance with the provi11lo11s of article 451 or the Code of Civil Procedure, and obtain discharge or the attachment. 2. Io.; PROHIDITION; ATTACHME:-IT.-The writ of prohibition will not lte to discharge an attachment le\'led upon property which can be recovered by flllng a claim wilb the offlcer. The Judge trying the ease in which the attachment or the property was ordered Is a co1npetent olTlcer, and even though the attachment be erroneous. tt does not follow that the Judge ho.s exceeded his Jurisdiction. •Headnotes by Mr. Justice Torres. 530 OFFICIAL GAZETTE 3. Jo,: ATTACHMENT; CLAlM.-Tbe erroneous levy or an attachment authorizes tile person prejudiced thereby to make the claim provided for by law, without prejudice to exercising bis right to the property attached In a corresponding action. ORIGINAL PETl'fION for a wl'it of prohibition. l'hc facts arc stated in the opinion of the court. PJNEllA AN"l> ESCUETA, for petitioners. TORRES,,/.: Attorneys Pineda and Escuctu., on behalf of J..'ln.viano ltclizardo ;uul t'ranci1:1co 1''clizardo, upon the facts stated in their complaint, dated April 4, 1904, and upon the ground that there was no other KJ>eedy and adequate remedy in the ordinllry couri;e of law, pray for an order dissolving the attachment levied upon the property of the petitioners, and that a writ i!i1sue to the justice of the peace of Imus, requiring him to absolutely 1-efrain from 1111 further proceedings until a final decision is rendered upon the complaint. By becoming parties ns intervenon1 to the suit in which the 11ltnchment w11s levied, the parties mny nvail thcm:iieh•es of nil the legal remedies provided for the defense of their lawful rights, but can not 1n•nil themselves of tlw writ of prohibition for the purpose of obtaining n discharge of attachment complained of. The case iA one which pt>rtnins cxclm1ivcly to the jurisdiction of the judge who is trying it, and there is no authority of lnw for interference with the proceedings. The writ is denied, with the costs ngninst the petitioners. Arellano, C •• T., Cooper, 1\lapa, 1\lcDonough, and Johnson, JJ., [No._ 1535. April 11, 1904.] THE U.VITED STATER, complui1w11t a11d a11pcllee, t•s. JU.-lX GDlETE, defc11da1it and appella11t. 1. •CRUllNAL LAW; BRIGANDAGE.-Wben the evidence Introduced In SUP· port of a charge of brlgaodnge falls to disclose that the defeodant wns a member of a band composed of three or more armed thieves. engaged "10 robbery and other crimes, or that he waa a chief or o leader of brigands, or reodered them assistance, there can be no conviction. z. ID.; ID.: ROBBERY.-Where It appears from the evidence that the accused was engaged In 11elllng pieces of paper, marked with a cross, for wblcb be exacted the sum of 60 cents, Mexican curroncy, by means of the threat that persons not provided with such papers would be killed on tbe next raid to be mode on tbe towo by the band of brigands by which It was attacked the day before, these facts may constitute the crime of robbery. 3. CRIMINAL PROCEDURE ; COMPLAINT OR INFORMATION ; VARIANCE.Where the evidence shows the commission ot a crime not expressly charged in the complaint or Information, and oot necessarily Included In the crime charged. there can be no conviction of the distinct on:ense shown by the proof. APPEAL from a judgment of the Court of Firl:lt Instance of Cebu. 'fhe facts are stated in the opinion of the court. GREGORIO l'lXEDA, for uppelhmt. Solicito1·-Gcneral ARAXETA, for appcllec. TORRES,./.: l\lar 21, 1903, nn information was filed in the eourt of the justice of the peace of Cebu by the provincial fiscal, charging Juan Gincte, Honorio Cordero, Pedro Dabon, Ramon Rondina, !Midro Ceno. Miguel Rosalina, 1''rancisco Baja and Nicolas Baju of the crime of brigandage, in that they on and after the 12th of ~ornmber, 1002, and more specially in April, 1903, and until the 4th of l\Iay following, in the tow11 of Tuburan, of the Island of Cebu. organized a numerous band of thieves, styled pulahanes, for the purpose of ste~ling carabaos and other personal property, •Headnotes by Mr. Justice Torres. and that these persons, armed with deadly weapons, under the leadership of the first three defendants, wandered about the roads and fields, and on the 4th day Of May above referred to attacked the town of Tuburan, in which assault the accused took part, and that they furthermore feloniously and willfully protected and aided the said band of thieves, givi~ them information concerning the movements of the police, and furnishing them with provisions, arms, ammunition, and clothing, contrary to the statute in the case ma.de and provided. After the preliminary investigation the defendants were held for .trill! in the Court of 1''irst Instance, in which court the judge, on motion of the prosecuting attorney, dismissed the case as to Pedro Dabon, Roman Rondina, Isidro Ceno, Miguel Rosalina, l•'ranciseo and Nicolas llaj1L, and Honorio Cordero, who \\-ere dh1charged, the case being continued solely with respect to Juan Ginete. l~rom the transcript of the evidence taken at the trial it appenrR that the witnesses Roberto Curo, Potenciana Guillen, Clemente Maxilon, Carmelina Mapilit, and Pedro Bajesa testified under oath that on the day following the 4th of May, on which the town of Tuburan was attacked by the pulahanes, the acc1111ed, .Juan Ginete, was going about selling to the people pieces of paper with crosses painted on them, 11t the price of 50 cents each ; that when distributing these papers he stated that when .the p1llahancs came back to the town from the mountains they would kill nil the peo1>le who were not provided with these pape1·s. 'l'he witnesses stated that they did not know where Ginete was while the pulahane.s were in the town, or wl1ether he went out into the mountains to communicate with them, and that they did not known what was done with the money received from th~ sale of the papers, as the day on which th(!)le papers were sold there \\-ere no brigands in the town. Natalia Pisalver, a. member of the Constabulary, testified under onth to the same effect, and further that he was in the barracks on the 4th of May, when the pulah11nes entered the town, but wu unable to state where the accused was at that time, or from whom he obtained the pieces of paper which he sold ; that after the fight took pince between the bandits and the Constabulary on that occasion they found a dead man, and on his breast were some r•ieces of paper simihtr to those sold by the accused, nnd which were exhibited to the witness by the prosecuting attorney while te11tif~·ing. The witness stated further that he did not know who \\'lls the leader of the band, or whether the defendant was a member of it or not, as he had never seen him with the brigands; that he knew that the brigands \VCl"t" engaged in robbery, because on the day of the attack upon the town they stole a caraba.o from one of the inhabitants of Tuburan, and that in the shed whe1-e the bandits lived rice, hogs, and carabao hides had been found; that one Roberto Caballero was a member of the band of male· fac-tors, and tlmt in the course of the attn.ck on the town by the pulllhanes the police captured the wife of one l\fintong, a lender of the band, and that this woman was at the time a prisoner in the munieipal building. A piece of paper marked "Exhibit A" (record, p. 36) was introduced ll'> evidence for the prosecution at the trial, over the objection and cxception of the defense. Immediately thereafter r.ieut. Mateo J~ugn, of the Constabulary, testified that upon his arrival in Tuburan with his troops he found that tl1e band of 1mlahanes had fled, but that on the rond he found pieces of paper, with crosses upon them, some made with pencil, others with blue ink, and others with red ink; that these papers werc 1dmilar to the one introduc~ in evidence hy the prosecuting attorney, and that thry had bet>n taken from some people wl10 had pro,·ided them:iieh·e!'I with them, fearing that they might be killed un1ess they had these papers. Upon this evidence the court below eonvictecl the defendant, .Juan Ginete, and condemned him to twently years' imprisonment at hard labor and to the payment of the costs. It does not appear from the evidence in this ease that the OE'FICIAL GAZETTE 531 dc•fr11dant, .lt11lll Gim·lt·. mis a mcmhN of any bnnd of armed nmldadors, eugagcc\ iu rolilJt·ry or otltl'l' crimes aguinsl person anol proiwrl~·· The complaint charges .111a11 C:indc with lx-iug one of lht• lc:u!Ns of a nmm·rou,.; band of lhi1•\'l'S, ,.;tyled pululwncs, \\'ho on the Jth of .:\lay assaultt•d the town of Tulmrnn. This (·hai·gi• is not supporl1•1l hy the (•viclc11c1•, uor is tlwrc any proof that tlw 1ldl•JH\a11t, Uincfr, took part in the co111111issio11 of that c·riuw. lhal 11<' was a mt•mher of the lmnd, or that he had any eomwdion whatt•\'t•r with it. :\t•illlC'l' clocs thl' cvidt•ncc show that (;i1H'h'. within the 11wa11i11g of tlw law, i,.; gui\t.y of gidng aid nncl ronfort lo the mt•mht•r,.; of llml lmml. Cons1•q11cntly he 1•an not he 1•0111·il'11'(l of the l'rime of hrig-anthlgt'. The e\·idenec appar1'11Uy .-.hows that the a<·cust'll was t'llJ..\'Hl!l'd in •wiling paper,; hearing- n mark of a t'l'o"" in l'olor,., and that lw coll1•ct(•tl for p;u·h one of tllt'sc papt•rs the sum of ;,o et•nt,., )lexican l'llrreney, hy nwan" of till' lh1·1·at that upon the n•turn of lhe hrigamls to tlw town all pt'l'"on" not pro\'itlt~d with "ul'11 p~qwr.-. would hl' killr•I. 'l'Jw,.1· fads miµhl 1•011:-;titute llw erimc of robbl'1y, lout this o/l'(•n:-;e is not (·haq.!l'l\ in the \'olllplainl. Tlw ads of !ht• ~HT11>.1•1l appPnr to lw 1•ntirl'I;-.· i111l<'pt•1H!C'11t of those of the brigamls who formt•(\ lhf' hand in lpll'slion. l'n11s1•(1nenlly, this lu•illl! a 1lill"t•n•nt t·;ht' from that of tlw rnhh1•1y for whi1•h Ana,.lal'iO )fangul1at wa-. elll\\'ided-tht• ea,.;e upon which the Allorn(',\'· 1:l'llC'l'al n•lics-we lio not l'Ollsi1lt•r tlmt till' at•cuscd ean be l'OllVidell of rohhPry in thi-. t·as!', ht'l'fllhl' lht• nfl"l·J\Sf' chargetl in ti"' information i.~ not rohl)('I',\'. hut h1·i).!nmlage. Tht•rl'fon•. for lhl' rl'asons stall•(\, it is our opinion that the jmll!nwnt of the ("onrt IM•]ow mu"!. lM· n•\"l'i'."l'd, aml the !h•fC'11tlant, .Ju:1u Uindt', at•quitlt'(l of tlll' t•rime of whil'h 111' is aet·n:-;l'(l, wilh the <·osls of .both inst:11w1's de o/icio. Thi' jmlg-c, as soou n.-; an information for the rrime of rohhery <•nn:-;istinµ: in the fraudulent salr of papt•rs am\ the C'Xal'lion of ;)0 t•t•nt,.;, 1.fC':dean cmTcnl'r, for (•aeh 011e of \h(•llJ hy thrPat." anti intimidation, is fih•tl again:-;!. .Juan Oindl', will al'l thereon in ;u·1·onlanee with the law. The "a"e will lw rdtirllf'•I to the trial ronrt \\·ith a et•rti!kll copy of lhi,; tll'C"ision, :11111 of tlu• jutlglll<'lll lo ht· l'lltPn·d in aceonlalll'<-' I lwrt•wit h for eX('('lltion th(•)'('Of, Arl'llano, C .. J., Coopt'r. ~kDonough .. Johnson, and l\Iapa, JJ., 0 l11dy11/r'11t n:i:ersed. [:\o W:!O, A]iril l:!, l!)U.J.. J T/I/;' l'.Y/1'HIJ N'f'.·\ 'l'/;','I, 1·11111pf,,illf111f 11ud 11111wf/r-(', rs. P:l F.'-i '/'/.\'() f:l'l/_,/,J;R.J/() /;'1' .IL., dr(nulaul.'1 1111d Uf!JWfft111/.<i. C111~11~.\J. LAii': linWA~l1Ala:.-011c who organizCH a band of more ·tlrnu thrC'e armed men for the purpose of C'ugaging In the robbery, by for<'(' and \'iol<'ncP, of carabaox and othl'r personal 11ro11crty iH guilty of th<' crinw of brigandage. HE\'IE\\' of a jucl).!llH'llt of tlw C'ourt of Fir"t lu..;tanc(• of llizaL Tlw facts an• stated in tht• opinion of llll' l'Ottrl. ,J. B. EAHLY, for ap1wll1111ls. :-iolicitor-(:('J1l'rnl AnA:X1':TA, for a1ipi·lll'('. .Jo11:x:-;o:x, J.: Tl1l'"I' 1kfrnda11ls were chal'g1•d with thr crime of ba11dolcris1110. Thl')' wt•n• tri1•d h,\' till' judge of t.he Court of First ln!:itancc of the Pro\'illC(' of llizal Oil thl· 24th da,\' of OclobC'r, rno:i. !luring the trial .Juan tit•] H.osario am\ Cirilo ,Janto escaped from lilt' custod;-.· of the law. Aflt•r lu·ari11g the proof t.hc court found t.lll' :-;aid c\(•ff'ndants and (•ach of lhrm !!Hilty of t.hc crime charged, and i-;(•Jlt('JICC'd Faustino c:nilll'l'mo to t.ht• ('('l\ally of dl'ath, .\natnlio Austria and Alejandro :-ianliago to ]if(' imprisonment, and Alejnnclrn Ilcmauih•s, Antonio f:alang, Pablo Tangeo, Santi:igo Ualagna, and )[arcrlino Flon•s C'nch lo he imprisoned for t.IH· term of twenty-five years, and to pay the costs. ::\'o appeal wa,; t.ak('n from this judgment by any of the defendants. 19145--2 The cause of Faustino Guillt•rmo COIHl'S to this court in consultation und(•l' lhe prn,·bious of iwclion 4 of Act No. l!l4 of the Un'il<>d 8laks Ci\'il Commission. During the trial many witnesses w1·n~ JH'c,.;1•11l1•d on behalf of the prosecution. 'fhe prosecution also offl'J't•d in evidence the following confession, made hy Faustino Guillermo, which wa,; duly accepted without objection: "llECLAltA'l'lO:X 01" l"AUS'l'IXO GUILLl<:R~IO. "MANILA, ./1111c 11, l!JO:J. "1\ly uamc is Faustino Ouillt•rn10, 4;J years of ag<', a native of 8a111paloc, iu tlw city of )[anila, and a widower. 1.Iy p1·C'scnt rank in t.he fields is llmt of colont•l. 1 was appointC'd by General 8an )[iguel, now dt•c1•asC'd, in the hl'ginning of 1802 ( lfl02?) ; my nppoiutmenl was eoufirnll'd in the month of January, 1!)03, hy t.hc said G1>m•rnl 8an !\ligue>l. I took the field to fight against the Hpaniarcls in IR!lli, in company with the supreme pn•si<lt•nt, Andrl's Bonifacj_o, aud n•mainl'd in thl' field until t.he yt•:u· l!lOO, when 1 SU1Tl'nde1·t•tl at )Jnlabon to the Amcl'ican colonC'l comm1111tling the ganison at lhat town, and took thr oath of allt•giancc to tlll' American Go\'ernmcnt. I subsequently establisht•d myself at Hnn Francisco de>I l\lontr, and there was captured hy the Filipino police of Hampaloc in 1!101. They took possession of all my docnm(•nls, including the oath of alll'giancc which 1 took in Malahon. l was a pl'isouer for about three months, and at. the l'nd of this liml' was lilll'J'atl'd by Lirntcnant Sweet, chit•f of t.111' municipal scen•t. polic(', who appointed me a spy. l was not willing to 11cc1•pt this ('lllploymC'nt, because it was rPpnguant to nw, am! I returnt•d to the barrio of San I•'rancisco dt•l )lonlt', where l was again captured by the Constabulary, tnkl'n to 8an }.lat.co, and t.urnl'd onr to Inspector Liccl'io Geronimo, w]10 compelled me to act as a spy for him, and set me at lihrrt.y hy order of Captain Kl'J•t.hll'y. Finding myself free, I wt•nt lo llll' mountains and comnwncccl to recruit nwu, inviting my friends and acqtmintanct•s to join ml'. The first. troops I got tow-th('!' Wt'l'l' uinc mrn, calll'd Anatalio Austria, Jsnmcl Austria, Andres Ho1111C', Ocronimo (h• Leon, Eleutt~rio 8t>yco, Capitan Sil\'1•rio, \'icPnte d<'I Mmulo, Liberato 8armil'nlo, and Sixto 1\faca· pagal, or whom the first thl'cc were my 1wphcws. General San )ligul'l appointed me a lict1ll'm111t-colonf'I; Anatalio Austria, commandant; Andn•s JloqtH', captain; Ek·uterio 8t•yco, lieutenant; :-iil\'l'rio, captain; Vicc•nt.e dl'l Mundo, captain; Liberato Sarmiento, captain (this man is dead); and Sixto Macapagal, lieutenant. \Ve llwn comml'nccd to get arms together, looking for those which had hrcn hiddC'n by the revolutionists before surrcmlNing; and sucePC'dC'd in getting three guns and six or seYcn l'C'\·olvers, which we captured from several detectives and municipal policemen. "·c were wandering about the woods, g-oing from Riiml to flulacan and vice vC/'sa, living upon food giwn us by thl' people of t.he barrios. The first fight I had \ms in )fusamhou, in the beginning of 1!)02, with the Constabulary st•cret police. In this fight one of the Constabulary men was killed and we took his revolver. The second fight was with lnsp(•ctor Licerio Geronimo in Bugobantay, in which one of the Constabulary men was killrd, and we look his gun. The others mu away and we managed to pick up another gun. In this light we also cnpturl'd I-fonnog1'lll'S Bautista, known as- General )[t•nl'z, from whom we took his revoh·cr. \Ve also captured Aniccto, alin8 Goto, from whom we took a revolver. \Ve also captured a policeman nt San Juan de! Monte, called Antonio Gnlsalian am! Pedro. \Ve released all th<'se men, but Antonio did not want to go w;1y and remained with me until the fight at llinquil'm on August 15, 1!102, on which occasion he ran awuy with his gun. I rl'C11ph1rcd him in April of this year, took his gun from him, and then rf'lmsC'd him. In this fight we also captured three horses from the Constabulary men, with their trappings and saddles, and also the uniform, hat, and shoes of lnspectol' Geronimo, \\·ho made his escape in his undershirt 532 OFFICIAL GAZETTE am\ drnm•rs. The> third light we had was in lht• 1.own of San ,Jost', Bulacan. whi1·l1 I (•ntc•r"d at tlw lll':ul of sixkl•n men with fourtl'en gun,;. 'l'hC'n' we :s11rp1·i1-;<'d tlie Constnb11li1r,v gani!iOll, compos('(l of i-;h:lrr·n lll('ll, commamll'd by Sergeant Onmiio. \\'c captun•d fourtc-1•11 guns and f\\"O n•\"oln•rs with tlwir ammnnition, whi<'h \W' ('arril'd away with ns. The Constabulary 1w•n had no tim(' to makt• n•sislauc•1• am! lht•n• was no loss of life- on eithl'I' ,;it\l•. This light took pla(·c• on llw 1iight of th<' day in which l attackt•cl l.icl'l"io (;c•nmi1110 in Bagohantu~·, whi<"h was llll' l:it\1 of .lmw. 1!10:!. _-\gu:.l l:i. l!lOi. I had th1• fourth light wilh lh1• t'onstahnlary, commamh•d hy lnspt•ctors Hr,p•s and \'ict•ntl', who \\'l'l'l' mm·in,i.:- in two rolumns. In this light the Constahnlnr,\" lost om' nwn whom I saw, and we (•aptm·1•d Inspector \'iee•11l1• and till't't' soldirrs, whom w1• clisarm('d, taking their lhn•c• rifles and a n•\·oln•r with :mm111nilion. \\'c• tlwn took llll'm lo our lu·ad'lnarte•rs, \\'h1•nec• th1•y lll:ld<' tlwir c•scapr H frw dn,\'s nftc•rwanls. This fig-ht was at a plact• c•allt·d Bahay Toro, within tlll' towuship of Xo\'aliclws, l'rn\'i11e1• of Hizal. On the same nig-hl we \\"t'nl to a plaC'I' ealll'tl l'ine1uia11. within tlw township of Xornliclws, ancl thPrc• we had an 1•11co1111t1•r ,,·ith the ('011stah11lary eomma111l1·cl by lns1wctor \Yan1•11. On our side• \\"(' hacl tln·rr men kil\1•d arnl captm·c•c\ a l"t'\'Ol\"e'r and a gnn. '1'\H' l'o11sta\1ulary also lost s1•\"1•ral m1·n kil11·d, and eaptnn·tl thn•1• rif1Ps from us. .\ft1•r this fight I wc•nl into the .Wo()(is fnr tlu· purpose• of allowinl-(' my wonmls lo lwal, am! )('fl my troops in 1-'an Fra1wis('o d1•l .\lonh•. in C"harge of Apolonio 1-'amson and .\natalio .\nslria. I was the•n• for t\\·o months, during which I was sc•nt for by 1-'an )lignel :rncl joi1wd my troops at a place• call1·d Tanqm', whNe I found 8an .\ligm·I, who put m(' in command of all tl1(' troops commamll'd b~- Julian .Santos, wl10 had usnrpe•d the ('ommimds of Samson and ~\nstria. From Tanqne WI' \\"1•11t to Piedad, in tlw township of Caloocan. and there WI' had an 1•ncountcr with tlw ('onstabnlary. In this light we lost two nwn killl'd and one of onr men was taken priso1wr. \\"c lost t\\·o rifl1•s :nu! a reYoh·cr, aud one of the ('ouslalmlar,r ollict•rs was kilh•tl. We thrn wl'nt to Hignay (Polo), and lhNt' had a light with the ('onstalmlar,\' under lnspt'ctor Lon•nzo am\ an Amrrican. The ('onslalrn\ary nm way, followe•d hy us, and we capiur<•el four of their ml'll and four gnns. The• llH'n we•rr n·lcas1·~t afll'r \wing disnt·med. From this plal't' we went din•ctly to ('aiuta, after rl'sting a couple of da,\'1' in Payon m•ar )Jariquina. l "pon arrh-ing at ('aiuta we atlack1•d the scouts and \'olnnl1•1•rs 1111ch•r ('aptain T(•oug. The· scouts and the \'ol1111t1•1•rs look to flight and Wt' captlll'('d so1111• of thrir nwn. Just at this time• rl'inforcellll'llts al'l'i\'C'd for the scouts, and a ll<'W light hrok1· out. The ('onstabular,\· rnn away and WI' followC"d thrm as far as Tay-lay. In lhl'se figl1ts we captun•d <'ight guns nnd a n·,·ol\·1·1·. Tlll'nce we• \\'t•nt to Antipolo, which town wt• c>nlt•rl'd and \111d a light with the ('onstabnlary, in tlw cours1' f!f which w1• lost t\\'O 1111•11 killed, our buglrr was takc>n prismwr, and thn•c guns Wt'l'I' lost. Tlwn we 1n•nt to Boso-boso in llw night aucl had a fight with the ('oustabulary, who took from 11..; on<' ell'hi1w ancl ollC' rcvoh'C'l'. Tiii' C'onstab11larY lost sonw mrn, hut 1 did not sl'e thC'm. \\"c \\"<'r(' tlwrc some two 01\"('rks anil had auotl[('r rucounkr with the Constahnlnry, who, li~- reason of lhrir s111wrim· 111111Jlll'rs. 1·ompelll'd us to withdraw. From lhl>re Wt' WC'lll lo Piedad (l'orral-na-hato) and the> sanw night had an rncountl'I' with the scouti;, the light ]wing "us1wnelrtl on account of the dark1wss of the night. On tlH' tiny following we 11gain attacked them, but were <h•fcnt<'cl witl1 a loss of two m<'n kill('(] and three wonndl'd and a Joi;s of li\'r gnns. The scouts also lost somr men killed. In our rrtn•at we encountered tlH' n'inforc1•1111•nts sl'nt us h,v l"an "!\Hgtwl, with supplil's und ammunition, and lhrn r<'lurncd to srck the> scouts and Constnbulary, attaking them ugain. In the com·s<' of the fight they killr<l oue of our m('n and we lost a gun. The enemy had scYrral men killed, and \H' cnptur<'cl three guns from them. The l'IH'lll,\' f\c>d in disord(')·. ~ubscqncntly lurthC'r reinforcc•nwnts of ~(·ro11ts arri\'ed and lhC'y again attuck1•d us, comp<'lling us to lake lo /light. \Ve \\'l'llt tO\ntnl Pugat-babuy and there cncounkn·d the Constabulary, whom \\·c <'ngag('(], pulling thl'm lo flight. We followed tlwm as far as Polo and took four of lhrir nwn prisow•rs and capiur('d llwir guns. From th1•re• we· Wl'nl lo Bigna,\", and ollwr forC'c•s joi1wcl us uudC'r the command of ('ontn•rns and otlwrs. (:eneral Han Miguel distributed troops, turning O\'<'I' lo \'ic1•ntc dl'I )hmdo 17 men, lo Jmrn .\lcautara. ufim~ ('aslila, l!l, to Captain "\ndrt•s HOIJllC 27, to Captain U1·1·0ni1110 d1• Lt>on 11, am! lo ('nplain Hih·l'rio !). All these 1111•11 WC're snhj<•ct lo 111~· nl'dl'rs, nne\e•r the din•ction of Genrrnl Ran .\li~tll'l. ('011tn•ras comm111ul<'d mon• limn thirty mC'u arm('(! with J.!llllS, and was llw 1·hic•f of llH' l'roYincc of Bulacan. From Bigrm,y \I'<' Wl'nt lo J>it•dad :IJ.!llin, ;nu! tlll'rt• we l\"('l'e nttack('(\ by th<' <"onstalmlary mul sconls, who s111-r011111l('(I am\ clc>ff'at<'d us, killinµ: (:1•m•rnl i-:au .'<liJ.!m'I arnl man:r 111('11, and ('aptnring :> lar~c· 1pmntity of 0111· 1loc11111C'nls ancl arms. _\flpr this eomhat Wt' 1lis1wrst•d, and l w1•ut to .\lo1111t Laniting-, 1w11r Boso·hoso, \\·ith srwn nwn arnl .\le•jmuh·o Kautiago Ilaliml'lll'. \\"hilC' thNt' I sl'nt four soMie•rs to look for pro\"isions and to a"k the' ]H'c•sidt•nt of ('aiula for monc·y, h<> ha\'inµ: oll'l'l't'd it to rn1• hrfort'. 'l'hC'sc> m1•11 did not l'l•tnrn. Orn~ of tlll'm was lllY nc·pht>\\', (;1•rc111i1110 d(• l.1•011. In Lanali l was captun•(\ by the Coustahulnry com 111a111l1•(\ ]),\' ('aplaiu T(•nn,i.:-. I co111nmnc\t>tl tlu· troops in thf> lhrC'(' towns of ('aloocan, Xo\·alidlC's, alld 1-iau Fra1wisco d<'I .\lonfr, llH' 1wop]c• of which \'olmdarily e•onlrihutl'd uwn and snppli<'s . I am p1•rsonall,r 1H·1piai11t1·d with :Maria (;ommlc•z Ll'aiio, aml han• sl'nl s1•\·1•ral lt'tkrs lo lll'r asking for lllOIU',\' aml provisions. On OIH' of t lll'st' occasions ] l'l'Ce•in·d 50 pesos, \\"hich She S<'ll-t HH' hy .Juan ('astila, whom it was who Wl'nl to sc>c• ll!'r. This was in llll' month of l>1•e1•rnll!'r, l!J02. Ju F('hrnary, l!JO:I, I \\"t•nt lo ('alool':lll with thirll•1•11 mt'll and ('stahlish<'d mysl'lf on the railroad lint'. From that pliH·t~ I sPnt Lie•nt. .Juan C'astila with two soltli1•rs arnl a h•tl1•r to :\!aria askinl-(' for 11\0ll<',\' and pro\'isions, am\ she• promis1•1I to s1•11d till'm to 1111' on tlw following da,\', but I did not re•e•c•in· thl'lll hPca11s1• 1 found it 1wc1•ssary to h•a\·e· lhal plaet'. I am also acquainfrd with .\la1·e1·lino l•:strl'lln. \1·110 was inspl'l'lor of ('onstahnla1·y, and a 1111111lwr of tlw sc>cr<'t policl', wlH'11 I \\"lls undc•r the· onlt·rs of Li(•1Jll'na11t 1-iw(•l'l. I ]t;\\'r !ward of Dominado1· GouU'Z and know that he is ll1<' prc•sidf'ut of tlll' ])p111ocralic Labor Lnion. I haYc 111•1•11 a 111emh1•r of thl' Xationalist Parl,\' sill<'P its first organi)mtiou, but han~ not had 1lin•ct n•lalions with it. It was Apolonio Hamson \\'ho 1lirrctl,\· <·0111111111iit"alc•tl with the Nationalists. In Hoso-bo,..o W<' look lllOlll',\' from tlll' umnicipnlily <lllJOUnting lo $fifl.fl0 in tlw month of Angnst, 1!102. I think that llwr(' are quifr a u11mhl'r of guns still in the hanels of my companions who 1·e·nmin in tlw fi<'lcl, hut I can not stat<' th(' 1•xaet 1mmh<'l'. The ollic•(•r,.; ,..\ill in till' lie•tcl ar1· ('011lr1·1·as, .\polonio Hamson, <l1•ronimo 111• I.Poll, ,Juau C'aslila, Basilio Mateo, and Mauricio. Ucnernl 8nn ?ilig11('I n•cl'in•d a gn•at dt'al of mom•y from l\lanila for the snppol'l of the lroo11s, but 1 can not say who sent it. He had an agC'nl who came to )fanila lo g<'l the monc,y, and whose name 1 do not 1·e·11wmhrr. E\"<'rything I han said is the truth, which I nffirm am\ ratify, and J sign this th•claralion \"Olunlarily, without haYing bcl'll compell('d the·rdo by thr('ats or promis<'S 011 th<' pnrl of the <'mployel•s of the division of information or any other olliccr. "FAUSTINO Gun.LERMo. "\Vihwss('s: "H. CRAM~;, /,ir11tc1w11t l'hili1JJJi11ct; Const<1bular!f. "E. CALllERON." Hafael Crnmc t('stilied as a witnrss on behalf of thl' Gm·Nn· ment. nn<l stated that hr was n first lieutenant of th<' Con . .;lahn· Ian·, and hacl been eonnect('d with said org:ani7.ution for tlll"l'I' \"l'i;rs; that he had known Faustino Guil\('rITID since .TunC', lflO!l: lhat Fau..:;tino Gnillcrmo m:ulc the confrssion which was r('(\l\CC"c\ lo writing and 11dmiltccl in eYidcnec; that this confession wa.~ OFFICIAL HAZETTE 533 11ta(IC' \·ol11ularil~· 11rnl witho11t thl' promi,.;(• of n•\\'<ll'd; tlml aftn ilH' t·onfrssion wns rt•(ht('(•d to writing it was n•o1d to thr nC't'll"C'(l. :rnd ht• tlwn signt•tl it. B(•Jla1wio Bartolouw fpstili<'d that lw h[1tl h<'rn in thC' mo1m· !aim; with the• ham\ of l-'a1~ )fig1wl; that :-;an :\lig:1wl was known Ii.\· his follmn•r,; as a <'aplain-g:NWl'Hl; lhHl lhC'l'C' Wt'l'C' mnny lllt'll i11 hi.s h<llH\. arnwtl; that l"au><tiuo (:uilh·rnio \\'a . ..; a uwm\11•r of ,;ail! ballll; that Faustino (:uilll'rmo wa,; known as a C'hil·f; that 1hPn• w1•rt• about :IOO nwn who l)('long1•ll lo ,;aid baud; tho1t he took part. with thr ollwr nw111b1•rs of tlw sai1l lmnd in thl' fighb h1•lwl'l'll !lw Con>:lahnlnry and the snit! lmml in ll1t• following p11rhlos or hanios: lfat•lnmging:. J>i1111ui11, l'it'tla. ('ornl-na-Bato. nml \'a\"ofa,;: llutl \hp ~;lill haud took from tlw lr<>asm',\' of tlw p1wlilo of Xa\"otas ]!I.-) p('so,; ;\lid ,;1•\·l'l1 i'('\'Oi\'t•r,;; that ,;aid lm11tl rubh1•1I :rn "\11lt'riean al .\lalahon of $:!110, 011<> i'('\'O]\'(•I" on<> llin11101111, a gold ring. awl a g-nltl wateh; that lw wa,; abo with th(• lmutl wlwn it <>ntN<>tl llw ha1Tio of Baha~·pari; lh:it lht• baud w;\,; tlwn mHkr illl' 1•011111wnd of Fan,;tino Uuillt•1·mo; that Fa11,;tino (~11ilh·r1110 was in c·o11111B1111l of tlw hand al tlw light which took pl:H'P ilt'tWet>n UH· ('011:-;t11hula1",\' arnl th(• ,;aid hand al Pit•dad; t11at al ll1is light llw haml ('aplnn•tl ,;011w guu,; :111ll n•rol\'l'l'": tlml Faustino (:ui][('\'1110 fn•q1ll'nlly onlt'r<'ll tlw lmrnl to go out into tlw barrio,; am! ohbiu fo0tl from llw pl'opl1•. aml that if the• 1woplt• 1·t'fu,;C"d to giw it to llwm, tlw~· ,;hould t.ikl' it h~· fo1·c·c·: thal tlw h:rntl w:1s an111•c\ with g1m,;. :\lan't'lo '.\lags;ilin ll',;tifil'1! th.1l lU' h;1tl IH"PIJ ;l nu•mht•r of th<> lrnml of laclro11(•,; in 1111' lllll\llJtain,;, whid1 lmml \\'a,; 11nc\c·1· lh<> g-<•rn•rnl eomnmml of San :\li)!lll'l: tlml !lt' wa,; ll 11u•111hc•r of thr ,;aitl h:rnd from tlw tiuw ii 1•nit'r<>cl lht• p1whlo of l'a..;ig. on tlH' uigh1 of 1ht• :Z4th of l>!•(-1'tllht·1·. l!H12. unlil almnl a monlh :1111! n kllf aftt•r San :\lig-Ll"l w;1,; killt•d: that tl11• hand \n•nt from 111;\!•(• t•l pl;ir'(', u1·11w1I with J't•\·oln•r,;, nml al timt'-" \ra,; uml<·r th<• l'o111m:1ml of Fau-;lino (;uill<•rmo; that h<> wa-; \Jl't•,;cnt at iii<> !igh1 of ('oral-na·Bato. awl wa,; tlwn and tlwn· 11111h·r tlll' <•om11ia1hl of l•'a1i-.lino t:uillc>nno: that 111• mi;; uJ-;o p1·C",;t•nt al llw fight of Pic•c\ad. unc\t•r tht• c·ommnncl of F:111.~tino t:uill1•n110, aml that al ,;aicl ];1,;l fight llw hancl ()htai1lt'd ,;01111• gun,; :iwl n•\·ol\·1·1·,._; th;ll Ill' wa,; Jll'l'>il'llt ;\\ \h(' light of Bago Bnglay. whic•h look plat•C' hdWl't'll lhc> ,;aid hnnd arnl tilt' Conslahular,\'. :1rnl that Fa11,;ti110 f:11illt•rmo ml'< in t·o111111a11(\: ihat during- tlw fight tht•y took two n•n1l\·1•r.'\, two rill1"<. so11w nmmunition. awl on<> 11111·,;1•: tl1at tlw.'\C' guns awl \'(•\·oh·<·r-; anc\ :1m1111111ition arnl tlw hor,;(• 11('\ougt•d to tlw C'm1,;lnl111lary: that 11<> \l'a,; \lilh tlH' hall(\ at lh<• tinw it t•11IC"rc•l\ t11C' tm\·n of s,111 .Jo,;t'. in llw l'ro\"ilLt'(' of Bnlaean; thnt cm ."ai1I OC'(':l,;ion tlu• hancl c·a1ltl1J'('d sixtt•t•n gun~. on<> )'(•\·ol\·N·, and mauy uniform,; nncl hlat1kt>I,; lwlouj.!ing to tile' ('on,;1.ahulary: thal tlw,\' C'o1npl•\l(••I llw 11w11ilwr,; of llw ('011-;tal111lar,\' to tak<> oil' lll!'ir uniform,; aml gin• llll'm lo tl11• ,;aicl ha111l; that on on<> oc·pa,;ion Bolana,;, n uwmht•r of sai(l lmrnl. -;loll' four ca1·ahao-; tlf Olli' Hamon (:onzalt•s a111l ('iriaC'o Samsm1. Enriq1w J':wion t""'tifil'tl that Ill' Juul lu•N1 a uwmhrr of lac\rotw,; in tlH' 11101111iain" 11ntl1•J' 1111' C'Olllltlalhi of Fnn:-;tino Cuillc•rmo: that whil1• Ill' was with :-;aicl hand lw took part iu the> following fight,; IJ('t\\'('('11 th<> saicl lmncl al\!! llll' ('on,;lahnla1y: l'a,.ig. '.\l(•_l'(';JUa,nrn, Pi(•clatl. San :\lat<•o, Kanta '.\!aria, aud ('oralna-Bnlo: that tlw Hll'lllhr·1·,; of the• lnllltl ;dway,; \\'c•nt arnwd; lhnt. at l'a..;ig: tilt' lmnc\ "loll' ,;01)11' gun,;. :l C'a\'an of riC'1•, -"01111' <'igar<>ltt•s. aml n ('O\\': tlul :it San '.\lat(•o ·uw haml .'\tolt• 1h1·r><> ('lll'::hno;;; tliat at S;1nt.t :\[aria tlu• ban(\ ,;fol<> a horse• nncl JOO Jl''"o": h11t tlw monc•y \\'(!,; \;lk1•n fr•llll a dwt•lling hons<>. .Juan Zoi·illa ll'-;lifi1•cl that h<> had bf't•n a polic•rman in th<> pn(•hlo of :\l:u·an,\·an: tJi,q lw wa,; C'aptnn·•l h,\' a \mil(\ of Kati1n11w11-; nt nhout :! o'el1wk oil(' night. hPr;l\l>i('. a.-; lh<> lmnd tolil hi111, lw wa,; a dc•lc•('tin• for lht• Am1•1·ienn,;; that tlu•\· ti1•cl him a111l tl1(•JL rohlJ('c\ ,;(on•,; i11 ,;ni(\ p1wblo; tl1nt tlw 0\mml ;;tolt• ~lun•,;. c·lolhiug. ric-(', tohtu·t·o. c·ig-ardh•,;, ch',\' goo(b. shi1'l-;, and lllllll,\' otlH'r things, that llw hand :it that tinw wa,; :11·11wcl; that 11wr .. wc•n• 1WPlll,\··,;t•\'l'll lll('lllht•rs ol' tll(• .o,\auw: that aflt•r tlwy had rolJIJl'd the said articles they compelled him lo mrry ti)(' sanl(' to tlw mountains; that tlwy told him that th<>,\' would kill him in fifU•<•n days lh1·1·1·afh·r bC>eause ht> wa,; a s<>cr1•l c\(•t('('t.i\'1•; that whil<> )w was am<>mht•r of the> Imm! it <·nlrn·d 11w town of :\b11'ilno. in thC> l'rn\'ill<'<' of Bulacan, and 1·ohlH'd tlw ht>1\,;p of tht• ]ll'<>,;id<>nt of a watch. a l'<'\'h-<'r, clotlws, ,;0111<> 111om•x. 111111 t1)lmc•ro; t.h;1l tlwy (\i,·ide<l th(•S(> things a111011g llw mt>mht•r,; of thr ;;aid hand; that on the same occasion llw ,;ai(\ barn! hrokc• into st•\'(•ral slon•,; and carried away shoes, clothing. slippN.'\, awl >il'\'(•l\ waklws; that in onlt~r to c>nt<>r th<> :;aid sto1·p,; t/11'." hrokP tlown tlw doors. That while lw was with th1• said lmml lw took pnrt in the fights IJetween tlH• Constahnlar,\' aml thP said hand at the pueblos of Santa llosilio and ('oral-1rn-Bato; that at llw fight of 8unta Rosa Faustino Guil· INmo w;i,; in 1·omnmud, and that there were about 100 annecl uwn; that at th<> fight of Hanta llosa one ConstulJularv \\'ll'l kil\1•d llfl(l fil'I• wc>r<> cuptnn•(l. und that the sai<l !Jami ol;tainrd ;;ix gun .... two re\·oh·<>rs, am! ;;ix belts filled with ammunition; th<> hand al,;o took hrc>ad, t•amwd meats, and canned snlmon from tlu• ('onstalmlary 11uart(•r,;; tlmt nt th1• light of lfo;;ilio F11u,;lino l:uil11•rmo was in <•0111111;11Hl. and that at that liult' then• w<>re ahoul 200 11w11 iu the> ham\; lhal llu· Land captured fin• C'on,;tali11li11',\·· !in• gun,;, ll\'P c•nrtridg(• belts with carlridgi•s; tlmt th<> hantl <>ulc•rl'tl llw ,-;\or<>s in tlu• sai1l pueblo all(! took ;;)top,; aud elothing: that tlw harnl ,;\ripp<>d the nwmhrrs of thC' Co11:-;tah11lal',\' of t.lll'ir unifnnn,; ancl g11n• tlwm ChillP>i<' ;;hirls; that the halhl wa,; 1•0111po,;1•d of ,;onw 11wmbr1·,; of tlw ('on,;tahulary that h;ul t\t•,;t•rlPd: that in saitl light ont• Americ;ll\ \\':1,; kill(·(\. and th<> lmml look tlll' hor,;(• of tht• s;1id .\merit'nn: that Fau-;tino c:uillt•rn10 w;1,; iu <•omnmnd, n11tl w:ls cnllc>d ('Olotll'l hy tlw nwrnlu•1·,; of tlH' hancl. l,;aht•lo ch• \o,; Ht•,\'t•s said that a hand of latlront•,; C':llllt' In lwr honst• on 01w oc•(·t1sion. C'OlllJIO>iN\ of <>ight uwn; that 1ht'~' ahu ... 1•tl lit•r: ll1:1t thry lhn•\\' lu•r ll)lOll the lloor ancl lrit•1l to rapl• lwr: tl1:1t tlwy t·ut c1Jl' lu1tl1 lwr l'a1·,; and lw1· hair wit.ha holo and took from lwr $1.iiO an:\ ,;olJ\l' of 111'1' elothing; till' harnl abo took ht·1· c•nrring,; arnl two ring,;. l>o111inµ:o (IP Jo;; Hc>y1•,; t(•stili<•d that h<> was thC> hus\mnd of lsah1•lla ch• lo" HPy(•,;: that lw was presrnl a1U\ m:mal'IPd at tl1P. timt• th(• lml\(\ 1•11t1•J'(•d l1is lmn,;<> am\ C'Ul off lht• <'!II'!.\ nnd hair of hi,; wif<>. and at th<> tiuw th<>,\' eal'l'i<>d away hi,; wif<>'s j<>w<>lr,\· :11111 (•lothing. Alfon,;o ('a\;111g t<>~lili<>d that lw hnd lwrn C':qitul'c>d h~· a lmnc\ of lathmw" arnl had h<><>ll taken to the monnlain,;; that lw \l'a-" Jll't'>it'lll with sai(J hand at llw light of Baghag; lh11t ht• ;.a\I' Fa11,;li110 Cuilh•rmo witl1 the baud in th<.> mountains. Ll'Oll cit• t:ufa t<>,;tifi(•d that ht• had LePll in tlw mountain,; \\'ilh lh<> hand of S;rn '.\ligtwl; I.hat lw k1ww Fau,;lino f:11ilh•1·1110: that lw w;\,; 1n·p,;(•nl al llw hattll' of Hanta Ho;;a, 1111d was woundf'd liy a bullt•t in ,;aid fight; that tlw hand rohhc>d hor,;1•,; and C'aralmo.'\. Fnuwi,;c•o (';\]];10 t(•.'\filic>d that he Im(] h<>l'll 11 ,;oldil'l' of /';Ill !\lig·1wl. am! that Fau,;lino <:nil\Nmo was hi,; c•om111andt•1·: lh;1t lw alw;\y,; l'arl'it•d arm,;, us w1•ll a,; did t•nc·h 1J1t•111\)('J' of tlH' lml\(l: thnl ht• ,;aw San '.\lig1wl und F:111stino C:nil\(')'l!lO in tlw mountains with tlJP hand. '.\lig-111'1 J'a;.runl t<> .... tili<•d thnl lw w11s with th<' ha)}(] of lac\.-011<.>,; in Uw 11101111bin,;; that thi." han(\ mi'< C'Oll'<tanll,\· qtrnlTl'ling with tlw <:m·1·rm1wnt; that San '.\lig1wl W<l'< its <'hil•f: lh;1t tht• h;uu\ alway,; wt•nt an1wd; tlml lw 1rn,; with th<> h;rntl at th<> time> it c•nll'rt•c\ tlu· p1whlo of Xan1ta,;; that F;rnstino C:nillt-nuo w11,; aho pn•,;pnt: that in tlll' p1whlo of :\11\'ot.1.~ tlw h;mtl took >i('\'t•n 1·1•\'01\·1·1·,; a]I(\ the> "11111 of \!I.) lH',;o,; from lht• mnni<·ipal t\'pn,;my: lhat tlw hn11tl C'OlllJll'llPcl llw t1·t•;1,;111·pr to µ;i1·p it tilt' motwy; tlrnt tlll' lmml alway,; wc•nt arnw(J. UN\·a,;io Uime1wz tt>'i\i!it'd that lw hac\ h1•<>11 a 11wmh<>1· of a \mml of hulronr,; in th(• 1110u11b1in"' c>o1111narn\1•d hy .Ju\i;lll Santo,;; tlwl lw joi1wtl !ht• hand on Dl't'Plllht•r !I. 1!102, at the 534 OFFICIAL GAZETTE JlllC'blo of Baglmg; tlwt hr was with tlw hun<l about sixty tlayfl; that thl' ba1Hl :<tole n hor;;r from th<' Constnhuhuy at thC' light of lfagbug. Grrnt»io Domingo te>Htifil'c\ that h<' h:ul he>e>n in thr mountains with th(' hand of ladronC's; that. Uw Imm! was in eo111111ancl of Fa11sti110 Gnill1'l'lllO; th.it hr had hN•n with Uw hand ahout six months; that Uw hilllli wa>: :ll'llll'd with guns. 'l'h<' dl'fl'IHlant, Faustino Guilll'l'lllO, offPrl'd no proof in his dc>frnsr. Tlw r\·idl'llC'C' in this ens(' justifit>s th<' following conrlu:o:ions: First. '!'hut Faustino Guillrnno wns a mrmhN of a lmml nf ladron('s (•ompos1•d of morl' t.han tin·<'<' nwn. i"<'C'OIHl. That said !mud w11s an1w1l with dr;ull,\· \\"<'apon.<: and wrnt out upon thC' highwa~·s and roanwcl OV<'r thr country for the pnrpos(' of st('illin).( C'anihao" and oth1•r pC'l'>iOllnl 111·opNly. Third. That sai1l bnfl(l l'ntt>r1>d 1111\ll~' puC'hlo . ..; in th<' l'rn\"illC'('" of Rizal anti Bulnc:lll dul'ing thr months of thr l'nrly pni'l of th(' .vrnr l!JO:l, nml hr fol'C'<' and \"io\1•ncl' ditl rnh from till' p1•opll' l'an1hno,.; and othe-r pl'rsonnl 1n·opNt~·· Fourth. That thl' said dd1•111hlnt orgn11izl'd t]I(' ,.;aid hand for thl' JHll'JlO"t' of rnbhing C'al':lh:10;;_ ancl otlll'r pt'i'"onal 111·orwrt~·. anti wn,.; ont' of lhl' C'hi<'f>i of thr :-;aid liaud. WI' thf'rt'forr find tlw <lrft'ntlnnt guilty of th<' crinl(' 1•iHll'g"f'd in the complaint in "aid c•au><<'. :iml do hl'l'f'hy nflinn thr judµ:11wut of tlw l'OUl't ])(']O\L It i"' ,;o ordrn•tl. _.\r1•1!1urn. f' .. J.. Torn'"· ('oopC'r. a111l '.\lapa. ,J,J.. f'OIH'\11'. '.\kDo:rnl'ml .. / .. di;;,.;f'nting: I am of t.lw opinion th:it tlw 1•1111" of justi<'<' will hr snti;;fi('(l in thi" C':l>i(' hy iuqm .. ing lhf' lH'nalt,\' of lif<' imprisonuwnl on tlu• ·df'f1•mlant, Fo111,.tino <:uill(•J'uw. aml llwn·fon• fan1r a modilil'aliou of till' jrnli:nwnt of tht' t•ourt bt>\ow ac>C'onlingly. ,/rul!Jllll'lll 11/lirmr<l. [No. 1:t29. Aprll 1!>, 1904.] THf: C".YITRn S'l'.-1'/'f,'8. ('OUIJ!luinrnrl (/lld flJllH'l/1111/, I"S. R.·IP.·11':/, SA.If/(), d1•fc111frrnl r1111l flfJIJcl/t>e. 1. •CRIMINAL Paon:u1:n•:; FINAi.iTV OF .IUll(l~U:N'I'.-Acrordlng to thl' provisions of l11w based upon the Inquisitorial sy>1tem or rrlminnl proc('dure, no judgment of acquittal or convlclion rendend by a trlal court becamP final unlil pass<'d upon by the supreme eourt. 2. Ju.; Arr1>A1.s: WITIIIJllAWAL.-Under the inquisitorial systf'm of criminal procedure the prosecuting officPrs were without nuthorlty to withdraw appeali;, except such ns were takPn agalnxt JntPrlocutory orde1·s, not finnl\y clli;poxlng of 11 case. a. Iu.: Iu.; FINALITY m· Jl'IJGMENTS.-Under the provlsloni; or Gl'neral Orders, No. r.s, as modilled by Act No. 19-1. judgments i·endN'ell ln crlminnl cai;es Jn trlnl courb become final by operation of Jaw tr no appeal l>i taken within the time prescribed, with the l'xceptlon or cases in which the death penalty Is imposed, which go to till' Suprc>me Court tor review whether the nccui;ed nppenls or not. 4. 111.: Ju.; Ju.; WI'l'HOllAWAI. OF Arrt:A1 .. -H under the accusntorlal system the parties, including the prosecuting attorney, can consl'nt to ju!lgments or all kinds rendE'red Jn criminal cases, am\ refrain from 11ppe111lng therefrom. thl'y are also entitled to withdraw ~uch lllJIJenls without b('ing under any ohllgatlon to state the> grounds upon which the witbdrnwal ii; b11i;ed. r.. Jn.: SUPIU:M•: COl'l\T; .IURl!WICTION.-The Supreme Court l!'l wlthont jurlHdlctlon to re\·lew a decision of the Court or First ln>itn1wc which has become final. When the appellant or the prosecuting attorney wlthdrnwi; an appeal from a Judgment, the Supreml' Court ls without 11uthority to discuss the propriety or Impropriety of sud1 withdrawal. APPEAL from a j\l(lgnwnt of till' Coul't of First Tnsb\llC'(' of tlw citr of )fanila. A C'omplaint wa;; fil<•d in th<' Court of First Tnstanre of :\fonilfl agflinst Hafiu>] ~arnio, fol' r.q/lif11. lll' was n('quittl'd h~· llw trial c-oul't ~1·ptl·mh('J' Ii. J!J02. Again"t tlw judgnwnt of nl'quittal the• l,l'O,,t'<'llting attonwy apJ)('a)('cl. :\lu~· 2U, lflO:l, till' ~oli<'i(t)l'*lleadnotes by Mr .. Justice TorrPs. G<!neml fi]('d notice of withdrawal of appNil, and ask<>d that the case he returnf'd to th(' trial court. No app<'al'an<'e for ·np1wll1•1'. Rolicitor-Gf'm•rnl ARA~E'l'A, fol' ap1wllant. Tomu:s, .f.: Vnd('l' the inquisitorial sysll'm of criminal prol'c>c\nrl'. a judgnwnt n•mlrrf'd hy a Court of Fi1·,.;t lnstanc(' in fl crimin;1I C'a.~<' did not \i('conH' fi1111l until tlw snpn•mc conrt of the (lblrict lo which thl' ll'ial C'onrl \)(']ongNl had ap111·0\·Nl the jrnlgmrnt. ns tl1<' law re<1nin•d <'\'l'l'~' d(•cision, l'ilhf'I' of acquittal 01· con\"ietion. to he l'f'\"if'wl'd by tht' >illlll"<'lllf' com-t, whf'tllt'r the pal'li('s apJll'alt•d or not. Cons<'c111rntly, in C'il>'t' of t\I(' 1·1•\·f'rsal of the jndg-ment of thl' trial court whC'illf'r on rm·icw or npp('l\I it \\·as the <leeision of the SU)Jl'<'lll<' rom·t which was f'xeculPcl. This hf'ing so, it j,. c•\·idf'nt that f'\"C'll althoug-h tl\(' UC'CUSl'tl or the pl'i\'ate 1n·osf'c11lor should withdraw flll nppC>al from the ju<lgnwnt of the t•om·t. ilw ('a,.1• wouM takC' iht• "auw c·ourt in the srcond instant•e, and in 1·;\>iC' of an app<'al L.v 111<' prosee11tio11, the appeal couhl not hf' with<lnrn·n IH'C'ilU>il' ii wa,; th<' tlnty of the JH'OS<'cuiing of!ic(']", nml<'r thC' law, to app<'lll' for thf' Go\'ernmcnt in :ill ('l'iminal cas('s. Consl'(}ll<'lllly. uwler tl1e iwp1isitol'ial sysl<'lll, the prosrcuting ofli1·f'1· <·onltl not. withclr;rn· an appral taken from a df'c-ision of the> trial C'Olll'L It was thl' 111·:u•ticl' uml1•r tlrnt syslrm if the atto1·11<'y-gcnt'ral aftt·1· an f'Xnmination of th(' rl'conl, h<'l'flllH' 1·0111·i111·f'd that an appeal takl'll h,r llw di,.t.l'ic-i fll'OsN·uting at.lorn<')' from an onlrr dirf'eting llw rt'IC'al'<' m· imprisonmf'nt of an nc·1·11sf'll p<'rson \\"HS witlwut. lll<"rit. fol' him lo withclraw ihl' apJlt'al. and a,.;k that the re1·onl lw l'C'turrwd lo th(' ll'ial t·onrl for llw l'XC'(·Ulion of I he on.lei· appeulecl, which, by n•a,.on of such witlnlrawal. hrc>anw at.. once a finality. a111l could lw (•Xf'eutrd. Thl'>i<' \\'c•r(' t.11<' onlr cusrs in whi<'h thl' attonwy·g<'1wrnl could wiihdrnw au appral from a final or i11tC'l'lot·ulo1-y orcll'r. \\"ith 1·f',.;pp(·t to snl"h onlt•1·,.;, it was abo p('l·mi,.;sflble for the accused or thf' JH"O"<'l'Hling witne;;s to witlulrnw an appC'a\. the appron1\ of ll1<' suprl'llll' l'OJtrt not bring inclisprnsalill' to tlw nilidit~- of >ilH'h Ol'll<•J'S, .Aflf'I' a ('J·irninnl mse had hC'C'll p1·osC'c>Utt'(l through both in"lan<·1•s lhl' jmlgm<'nt of tlw loC'nl snpremt• l"Olll"l was a final j111lg11wnt, am\ t]l(' s111n·t'm<' C'ourt of Spain 1•ouhl onlr takf' jnrb(lit·tion m·t·r it liy wl'il nf f'ITOI', with thl' f'Xt•('piion of c•as>ir·s in whieh the dl'ath 1w11alty wns impo;;NJ. ns to which n writ of <'!TOI' was nllowl'll by 01wrnt.ion of law for thf' be1wfit of t.hf' uccusNI. In cases in whil'h 11 writ of t'l'ror was surd out by the local aUm·n<'~·-gnwrnl ngainst the dl'l·ision of lhf' 101·al snpl'<'lll<' conrt. th<' nttor11('.v·g<'1wrnl of thC' supremt' 1•011rt of 8pain, in <·llS<' lw wa" of thC' opinion that. ihf' wl'it was not nd\"ist'tll~, "ncd out. if ii concrr1wd n qnrstion of law, comm1111ic11ted his dl'cision to th<' utiorney-g<'nernl of the 1·onrt to which thC' writ was dirf'l'l<>d, so that hi' might ,.;o inform thC' h)('al 1·0111"t; hut if tlw writ wn,.; lm>it'(l upon sonw hre1u·h of form, nm! hacl hel'n allowed, and the nltm·nl'y·g<'nrrnl of the snprl'me comt of Spain hC'lif'\"NI it to ht' un;;nstainahl<', hl' C'ou\d dismiss thf' wrii and tht' c·on·C'sponding cluunlwr of thf' ,.;11pr('llll' rourt woultl c>omumnicatf' to tlw locnl rom·t tl1f' onlf'r Jl<'l'lllitting such di,.;mi,.sal. Th<'I'<' ill'<' the provi"ions of nrticl('s 8i() and 8ii of. tlw Law of Criminal Pro('e1hn·t• of l8i2. to whieh !'('f('l'l'lll'<' is m:ull' h~- t\I(' fll'O\"i,.ion of tl1r la\\· for the applil'at.ion of the pl'nal 1•odf' umif'I' thf' inguisitol'fol "rstem whiC"h pre\"ailed hf'fo1·e the enal'tnwnl in th<'sl' blands of (jenernl Ordrrs. Xo. 58. This ord('l', which was datPd April 2f>. lflOO. f'sl.nbli,.;hrd for tlw fir,.;t t.im<' in this Archipelago tlw n1•<•11,.utorial ><ystrm, although \\·ith somf' modiffrations tf'luling to Jll'<'\"l'llt tlw trnn;;ition from !wing too \"iOl<'nl. anti to fncilitafr thr «hang1' from 01w ",\">ilC'm lo another. The> pro\"isions of ,.;e('lion iiO of Gru.rrnl On\f'J'"· Xo. fi8. are the rrsull of this modifit'alion. Umlrr this S('(·tion til(' only OFFICIAJ, GAZETTE 535 C'a,.;es whic•h wrrC' brought hrforr th(' Rupreml' l'ouri in arf'onlancr with thC' old i-;y,.;tl'm WC'l'f' lhmir in whic-h lhl' tlC'ath p<'nalty is imposrd, or thr jmlh"'llH'llt is for impl'isonmrnt for 11 greater prrirnl Ornn six :'>'<'ill';;. m· a. lhw of ll\Ol'<' than 1,2:i0 prsos, Jf tlw penalty imposrcl was impri:<o1111H'nl C'X<"C'f'ding OllC' :'>'C'ar or a fhw of OV<'r ;!;JO p~os. :-wdion iiO p1·0Yi1Jc.cl for Uu> Jll'Ol'ednr<' to hP followC'd. This ha,; !JC'rn tlone> away with h:.· At•t Xo. Hl4, pas>;('() h:.· Lhr ('j,·j] t'ommis,;iou. Artiel<' 4 of A<·t No. Hl4 pro\'idrs that it shnll no longC'r hC' 11r1•(';;,;arr lo fonrnrc\ to thr, RuprC'nu• Conrl or to tlw Attornc>yCcnrrnl',; dPparluwnt thr rrc·ord;; of C'riminnl rn;;<•s for rrd-.ion 01· t•onsidt'ration. t•x1·1·pt ,,.hC'l"I' tlw dt•nth prnnll,\' is imposrd, 11nlrss sueh <-as<' shnll lww hrPn dul}' ll)JJ)('1lh•d as pro\'idl'd in l:f'l\('l'HI Ordl'rs, No. iiH. But t.h<' rPc•on\s of nil 1•11.';('s in whi<·h t.lw tlPaLh pl'1mlL}· shall IHl\'t• ht•t•n impos('d b}' :my 1•0111-t of first insb11w<•. whrlhcr ihl' dl'ft•n'lnnl npJ)('ilis n1· not, nl'l' lo hr forwarcll'd t.o thl' 8uprrnw ('ourt. for inn•stig:ation anti judg-11w11t. as tlw 1:1w nnd justiec shall tli<"t.all'. This nC't. of thr C'h·il l'onuni,;sion, whit•h modilied Genl'rnl Urtlt•r,;, No. iiH. h;1,; 1•,;t11hlislwd tlw i·adi('lll 1•fff'C'l.'l of final ju<lgml'nts 111111<'1' lhl' :H't•nsntorial sr,;trm, in <·riminal l"i\!'il'S, u,; t'\'f'ry th•c•ision. wlwt.hrr of 1•om·h·iion or 1wquitt.al, \\·ith thr rX<'rpiion of thosr imposing thr d1•nth Jl<'llllii}'. hN·omr,; final hy OJ)('l'lltion of law if an apprnl i,; not t:1kPn ng-nin,;t it \\·ithin fiftrcn duy,; from thl' datr of it,; rPmlit.ion. In cast' tl1<' tli,;t.l'il't attornr:r hns nppral<'d from n jutlgmrnt of 1wquitlal h}· thr trial 1·ourt. am! thr Attornl'}"Gf'nernl or ihr Rolit·itor-Grnrrnl ,;rr lit lo withdraw thr nppral, it is \\·ithin tlwir nulhorit}· to (lo ;:;o, umll'l' iht> pr<'srnt sy..;trm or pro('r(lnrr. ],.; it the duty of t.lw At.loi·ney·O(')lt'l':ll or tlw Holi<'itor·G<>nNal to .<;in~r in a noti<'<' of lhl' wilhdnnnil of 1m app1•al ilw rl'asons upon whid1 tlw :wlion i,.; hnM•<l. and <'llll thf' c•onrt l'<'quii·r him to g:h'r tho.<;r l'NJ,;011.<;~ W<' IH'iil'\'t' not. for th<> .·\Uorrn·y-OPIWl'Ui or llw Holi<·itor· C:rlll'rnl arr at lihl'rty lo nd in sueh mnttrrs upon thl'ir dis· l'l'rlion, aml ;:;1wh a witlulrnwal j.<; Pquinilrnt io thr 1•011srnt of thosf' offi('(•1·s to thr judgm<>nt nppralrd-it ifl rquirnlrnt to n ,;\at(')llrnt on tlw pnrt of thr Atlorlll'}'-<lrnl'l'al that in hi,; ju<lgmrnt tlw dr<'ision of thl' c·onrt lwlow is c·ont'<'t. and llw opinion of thr distri<'t attornf'y r1Tonro11;:;. It mnst he rrmrmbrrrd that undrr thr inquisitorial .'\}'.'it<'m it was ilw duty of ihf' distriet uttorm•.'·s lo intrrpo,;r appr:i\,; in d1w tinw and form, .'\Uhjl'et io t.hr (l<'eision of thrir irnmediatr !'lll)lf'riors, as to thr subs1•qurni pmgTr><s of th<' appr;1L (Art. Hili of thr royal c•rdula (Jf ,Jnnunry :'10, \88;1, arnl art. 4;)H. par. :i, of thr tlN·rrtal law of .J;muar)' ii, 18!ll.) If thr JlOl\'<'l' of thr nttornry·g"C'IH"nl I of thr oh! .'iUJH'<'lll<' l'onrt was amplr with rrsprct to thr rontrol of npprals takrn by his subordim1trs undrr t.lu• inquisitorial r<'gimr. it. is "'·idrnt that t.110.<;r powrrs arr much grratN· umlrr lhr :wcusatorial systrm. in which thr nwrr silPll<'<' of tlw pnrtirs. in<'h1tling thr fisl'al. is sufficirnt to giw finality to an nnnppl'alrd dt>rision. \\'r- r-onsidt•r that t.hr stntl'mPnl nmdr hv the _.\tt01·11r\'-Ol'nrral 01· thr Solic-itor-GrnPral in thr noti,•r of. withdrnw;\I ~f appral, tl1nt it is not ronsidrre<l that thr appral is snstainahll', j;:; quill' snnirirnt. \\'r do not think it llf'Cf'SMlr,\' to J'('()Hirr an l'xprPssion of thr rrnson;:; upon whirh thr (·onclusion is hnsl'd. as thr statrnwnt implirs n rone111T1•ncr in thr \'irw takPn hv lhr trial f'Onrt. Undr1· the neen.<;utoriul syst1•m thr sphrl'f' ~f action of the prosl'cuting offie<'l"" has hrrn grl'ntly widl'n('(l. Tlwy not only l'PJH'f'Sf'nt thr law, with thl' 1·ight to insprC'l thC' artion of th<> c·om·t on hrhnlf of the Go\'rrnmrnt. hut ha\'(' a morr dirPc·t. and nl'th·C? pal'tic·ipntion in the proc·rrdings at thf' trinl; upon thrm dr\·oh·l's tl\(' dl'ff'nsl' of th<' public int('!'· r;:;t;:;. tln·patrnrd by <'l'inw, as though tlw prosr('uting officrr W('J'I' thr pN.'<Oll t\irt>rll}' injurNl hy thr oft'rnsf'. But it is u];:;o of iutrrrr.t to socit•ty th:.i.t. an innoerut pPrson hr frf'f' from molrs· tatiou. a111l thnd01·r tlw prosprnting nttornrys should only institntr procre<lings nnd make nse of the mnchinl'I',\' of the law wlwn in their opinion justiee requhrs .<;ueh action. In rriminnl casl's thrre nrl' always two opposing intNC'><ls. tlmt. of soc•irly, whil'h drmnmls that the <'rime hr punislwcl. nrnl that. of thr Hl'l'Usrt\. who h;is nn nhsolntr rig:hi to his (\dcnsr. l 'pon thf' supposition that in :ll'COl'<hrn(·I' with t.hr f11nda11wntal prinripl1•s m11h•1·Jying tlw a<'('\lfiatorinl systl'm, r-ourl,; and jmJgps should hi' passh't• and nPntral in tlw eonlest ill'lwe1•n thr prose· cution and thr df'fPni>r, it. must be ndmittrcl that. ilw fate of ll1l' iwen,;(•(l aml thl' sm•c·rss of the 111·osl'C'UI ion 1h•pr11tl upon the goml faith. thr 7.Pal, 1'lkill. :1ml intrllig:1•nce of the prosr<'nting- nttonwy. Thr prt>srnt ·"·''"trm has plaC'rd in lhf' hands of tl11· pl'!)Sl'C'llling nttonwys thr pO\l't'l' to prosrrutl' and punish 1•\'Pr,\' f'rinw and offl•usr, with tlw c•x(·rption of t.hosC' of a pri\'atl' <-harnC'l1•r, and ('onspq1wntl,\' upon ihrm d1•1)(•mls lhl' rl'aliY.ation of lh<' purposrs of thr law. Jf thr pro\'in<'ial fisral might Jia,·r consmtrd to tlw jnclgmrnt ap1walrtl. without ha\'ing takrn any ap1wal whnlr•\'f'l' from it. thr prosN·11ti11g- nllic•l'l's arr a\.<.;o rntitl1•1I to withdraw till' appt•al upon n•;\C'hiug thl' 1'011t·l11,;io11 tlml t.111• provi1wi;1I fiseal \\·a,; not justifit•d in app1•nling. If till' Hnpn•mr Court of tlw;:;e lslamls is without jnri;:;dielion to (•xaminr or rr\'isl' a rriminal case in which a final j1ulg-nw11t has h1•rn l'l'llll<·rrd nml thr parti<'s havr not. appt•alP<i. \\'t• do 1101 think that it hm; jurbdil'tion lo disrus.<; lhr propri1•t.r or impro· prirty of tlw witlulrnwal l1y ihf' ..\tl.ornry·Clt•11pral or thr Solicilorllt•111'1'al of an ap1wal cll'r1m•d to ha\'c l)('<'fl impropl'rl,\· takP11 Lr a prodncial Ji,.;rnl. Tlw ollirl'r who may hdorl' trial withdraw thr information may also. in our opiniou, witlulrnw au appral. aml the rourl, in r011fon11ity with the prilwipab of tlw af'cu,;alorial systl'lll awl t.hr rxprrss pl'ovisio11s of a1'lit·ll' 4 of .Art 1!)4. ft•l'is <'onstrailwd to pt'l'mit the> with1hi1wal of this ap1wul. For lh<' rra,;nns slake\ \\'r al'<' of thr opinion Umt llw Rolit·it.01" r.rnNal Hhouhl hr Jll'l'mit.h•d to withdrnw t.lw app(•al in q1w.4ion. and thal lht• casl' should iii' n•mnmll'd lo llw trial court. .An•llauo, C. ,J.. \\'illard, :\lapa. and i\fr])onough. ,J,f .. <'OIH'lll". Cooper, .J.. dj,;,;rnls. .John,;on .. J .. did not sit. in th~s c•as<'. ./11dymr11t nffirmcd. (No. 1302. April 15, Hl04.] RO:•u /,/,OR/·;.Y1'F., J1lrii11lif{ nnd 1171pcl/rl11I, r.q. ('f;f."f;R/.YO ROlJRtrJFNZ, ad111i11i!llmfrw of the c.q/(I/<' of .Jm·i11lt1 /,/orr.11/c, df'· {cmlm1I 1111d tt/i7wl/rT. l. NATUl!AL CJIIl.VRl·:N: Rt:COGNITION: CIVIi, Com;: 'J'nANSITOl!Y PitoVl:'<IONS.-ln accordance wllh the provisions of lhc lransitory dispositions of the Civil Codf' the .<;Ufficlency of the act>< O! lbf' naturn\ pnreuts alleged to constitute> a recognition of 11 natuml d1ild a~ such i;; to be determined by lhe law in force at the lime .'\UCh act~ Wl're performed nnd not hy the ru\C?s ;;ubsequenlly estab\i;;hccl by thr Civil Code, 2. In.: ID.: LAWS OF Tono: Ev1Dt:Nct:.-Untler tl1P laws or Toro a nntu· ral child might be r('cognlzed tacitly and tlw recognition was open to such proof as would support the facts in an ordinary suit. 3. Ill.; ILJ.: Jn.: HHCOGNITION BY Jl.IOT•U:11.-Altilough the laws of Toro do not exprrss\y authorize the mother to r<'cognlze a natural child. there is no reason why such recognition, if made, shoulc\ not \Jr equally valid and efficacious as where mnde by the father. ~. Ill.: Jo.: STATUS: Pl\OOF OF 011\Tll.-The l\1Cl'(' proof of the birth of a natural child Is sufficient to give it thC' status of a rccognizrd natural child such as is mentioned In artiell' 8~0 of the Civil Coc\I' .·\PPEAL from n jmlgnwnt of thr C'om'l of Fil'sl [11,.:l:11u•1• of ('rim, Thr fnf'ls IHI' stn\Nl in thr opinion of tlw l'Ollrt. :\rAnTlx :\L LE\'E!Uxn. for apprllnnl. 1IAR1'WAX, :\f.\JU•u:, 1'\m.rnxAc & U1·Tn:RHEZ. For appt:llrt•. ('OOPER, ,/.: Thi;:; was an :wtin11 hroug-hl hy llw plaintiff, Doiia Ho.<;a 536 OFFICIAL GAZETTE Llorcnil', aguin,;t Uw (lefl•ntJant, Cefrrino Rodriguez, as 1tc.lmini1itrntor of ihe cstat1• of Jacinta LlorC'nle, who died intestate on Augu,;t ll; l!JOI. ll is alleged in thr complaint that the> df'CC'IHWtl, ,Jacinta L101·1•ntf'. l1•rt thC' follm\"ing heir,;, to wit: Rmm Llon•nll'. the> plaintiff. lwr l1•g;illy rrcognized natuml 1laughl1•r; :'llal'iano Hodrig1wz. Ht•n]('dio Orhchl, Flom Orhcla, .Juan OrllC'ta, 111ul ('1•/1·1·ino Hot\l·ignn;, l1•gilinmtl' 1·hildn•n: that lht~ defrntlanl. ('l'ft>ri110 Bo1\rig1wz. was !hr 1111\y qualilirll mlminislrutor of lhf' 1'stat1•; .thnt all tlw d(•bls agitinst the 1•stale have been pni1I and that tlw p1·op1•rty i:< now in a condition for !lislrilrnt.ion. ancl pn1y1•d that. a division and distl'ibution might \)(' m:ul<• aud Umt tlw slmn'·" of the e:<tnt1• IK' assig1ll'd to ei\Ch Olll' C'lltitlt•d to the :<HUii'. in i1<•1·onla1H'C' with their l"<'>ipN·tive intPrl'sts . .:\ judgrnl'nt wa'i Pllt1•n•d dismi:<sing tlw J)t'tition of tlw plaintiff, :1ml tlw cast• ha:< lwl'n app<'tii<'d to thi:< <'ourt iu a1•1•orda1w1• with tlw pl"O\"bions of l'llllptcl" 42 of tlw Codl' of Civil J'rnr1>1\111·p n•lating to appPiils in special pro<'ePJings. )(any l'X('t•ptions wPre takl'"n on thl' triul of thl' en;;e lo thP ruling of the eourl in Pxelmling 1•\"iliPll<'<' off<'r<'d h,\' tlw plaintiff. Tiu• rnlinir of thf' ro111t in r1•jec·ti11g thr 1·\'iclrrn•1•. as w1•\l as in lhP film\ dt•t•ision of tlw <'ourt. \\·as ba ... 1•11 npon thl' vi1·w that t.lw l'l'l'O;.!llition of a nalnral chiltl mu .... t bf' malh• in :weordam'<' witl1 1lw provisions of :11"li<'i<' 1:11 of tlw Ci\'il ('od1• anel thnt. sm•h rl'eognition ean not be shown in nny otlll'r umnn<'r than tlmt prl'S("l'ih1•1\ in said arti1•lt'. This artiel1• n·:Hls as follows: "):JI. Tlw l"ec•ognition of n natural t•hihl shnll lw' mac!<' in lhf' n•eonl of birth, by will, or hy any othc•r puhlic instn111w11t." Tlw t•\"itlt•nc•C' whit•h w:\s C'Xc-lmlt•d lt•m\Pd to sl1ow a {a('it l"Pc·ognilion .11,\· the ads of thP motl\("r. s1wh as that ,Jac·int:1 Llor<'lli<'. li1f' tlf'rf'a:<r1l, hacl l'Nll"l•cl Rosa LIOl"l'ntt'. 11nel hae\ l'cht('l\tt•d hc>r; aml thnt Rosa Llorc>utf' had. lly thc> <'x1m•ss a11ll1m·ity of .foc:inta Llol'entf', l"N'('i\'c>cl baptism as thC' nnttmd c•hile\ of thC' lattN·, in proof of whi<'h fad thP baptismal ('C•rtili1·ah'. as W(>]] ns th<' tf';;timony of witnf'sS('s. wa.o; offc>l'f'ci nnc\ \ms 1•xdnc\Nl by thf' c·omt; aml proof was nlso 1mul<', by JIP!'sons who we•J'(• prf';;l•nt at the birth of Hosa Llo!'rntr, that ;;hf' was thf' d1illl of ,Jaeinta. Llol'<'lltc>. Th<' C'\"i<lenrl' "hows that Rosa LlorPntP wn" horn on t ]I(' 41 h day of :'"ieplemhPr, 187i, am\ that ti\(' inlc>;;tatc>, ,Ja('inla Llor1•11tc>, diPtl . .\ugust 11, HlOI. Thr Coile of Civil Proel'dnrP was ac\optPll on tlw I Ith Jay of ])('(•c>mhl'r. l88!l. The tpwstions 1n·<'sP11b•J for determination ar<': (I) Do the pro\"ision:< of the Civil Coelf', t.o wit, artic>lc> 1:11, Pl\;u-trd suhseq1wnt to the> birth of Hosn Llor<'ntr ancl suhsc•qw·nt to the ncl.<; of n•cognition hy .focintn Llorc•nlC' of Rosa Llnrl'nt<' a.;; lu·r uaturnl rhilel, gowrn; if not. an<l (2) If thC' law in foreP in 1872 at thr dat.f' of the birth of tlu• plaintiff is to l1C' applird, h~1d tlH' motlwr tlll' powl'r une\Pr the· Jaw to makC' lrµ:nl recognition of a natural Philcl; or was >'llC'h right to makC' i<'gal rPC'ognition confined lo tht> fatlw.r? ( :! ) If thC' motlwr had a rig-ht to make sneh IPgal rPeognition, wa" the proof exelmlrd by the eourt sufficient. if nelmittP•I, to e• .. tablish ]pgal rf'rognition of a nntural child? Ju ihl' trnn;;itor,\' provisions of thf' Civil CocJp C'ont:iinrd in nrtieif' Hl7G, it is prn\"itlPd lhnt··('h:rngl"" intro1hwPd in llw Coe\(' to llw injnr,\' of rights nc•q11ir<'ci une!Pr pr<'r('(ling legisl:ition, <;hall ha\·e no rf'troarli\·r 1•ff1•e·t. To apply tlw eo1T<'spon1ling- lc·gislaiion in casrs not <'X]ln'ssly sp('<'ifie•d in tliis ('ocli". lhr following nilPs shall h ... ohsPJ'\"Pd: "I. Rights arising uncl<'l" thl' il'gislutiou Jll'f'l'f'•ling this f'0tlr. from a1•ts l"t•uli:wd und1•r its rul('s, fihall hr gov1'r11Pcl hy Slll'h pn•ePdiug IP1.dslation. l'\"l'll when this Codi' rf'gulnlr;; tlwm in a11otlwr mamwr. or dm•;; not rreogni?.I' llw ;;uim" But wlwn sul'h rights appc·ar drc•Jan·d for the first tinw in this Co<lr, thP\' shall at onef' h<' <'ffN•ii\"t'. l'\'l"n wlwn tlw fact;; whi<'h originatP;I thl'm haw bt'<"n a<'l·omplishc>cl umlPI" lhP pr<'creling l1•gislation, providPd that. thl'y do not injnl"c> othl'r aequi!'cd rights having the same origin "' "' .... "-l. Adions nml rights arising \ipforr lhis CodP was in fore<' :111d uot c>X<'r<'isPd sh11ll snhsist witl1 the· 1•xtPnsion nnd nrrorcling to the tPl'lll:< ;wknowlt•1lgP1I b,\" tl11• pn•(•1•1li11g l1•gislation, hut shall IK• suhjrl't. in n•ganl to tlw ex1•1"t·isc\ 1luration. aml pro('P<'cliug . .; for l'l\fon·ing llH'm, to illl' pro\"isions of this ('00!1• " * *." If h,\· the n•1•ognilio11 as :1 uatural ehil1I :1 right was nslPel in plaintiff from arts n•aliiwd umlt•r thl' l1•gislatio11 pn·<·e•eling t.IH' ('i\'il (~otlP; tlmt is. if s.n<'l1 acts as Wt'i'I' ]H'l'fm·nw1I in· stwh ad~ as oc·c•111TNI ga\"I' lll'r tlw slatnfi ol' lt>gal 1·1·c:og11iticl11, t.l1P11 iL is c·l1·ar frnm thP provisions of thl' Cmlt• thal t.11!' l1•g-islation p1·1" ('(•cling I.he• Coe\(• must gm·prn. 'l'll(' 1·1·c·og-11ilion of :1 natnral d1iltl n·latc•s to \hi' c·i\"il slalus of sueh pe•rsm1. Tlw kgal reC'ognition of a natum) c•liile\ ponfe1's 1•1•rlain rights anti :ulnrnlagt>:<, and wlwu oJtet• 1mulc• the child ha ... a C'Nb1in ri,·il stat.us, to wit, that of a!liliation. l'11tlt'r lhP Ci,·il C'od1• llw righl lo lhis slalu ... 111ar \w 1•nforcPd hy suit; awl 1111de•r tllC' f'h·i] law tl11• <'hiltl e·oulel not In• elf'pl'i\'Ptl of t11is stain.'\ \\·lwn 01\('f' (·1·1•nll'd. '"Thi• fatlwr ])('ing frer to rc>C'ognizf' 01· uol lo 1·peognizP hi"' natural t·hihl, Villi uot, nllho11gl1 IH' ma,\· IK· a minor, r1•\·oke t.lw l't•1•ognilion whic•h lw has )Pg-ally n1111l1>. Tl1is l"C'<'ognilion in 1•tf1•c·\ is not propPrl,\· :111 a<'I of lilM•rnlity. hul n cll'elarnt.ion of tl fad lo whic·h t.11(' law eonfc•rs et•rtain ae\nmtage•s; hut this cll'elarulion of pnl1•ruily 01U'r rnalll', thl' diiltl !H'<p1i1·1·s llw stains of allilial.iou, of wl1il'h he eau no long('\" lie 1l1•prin•d." (:l Escril'ht'. p. !'i!I.) To tilt' sauw f'll'1•1-i is a tlPc•isiou of tlw supre•nw <'Olll't of ~p:1i11 of tlw 81.h 1la,\" of ~O\'rmlwr, IH!l:J (74 ,Jurisprml1•m•ia Ci\"il, Ii. :!OJ). It. is lwld in thi;; dN•ision that whl'l"t' a part,\· a1•11uii·c·d th<• <'Ollllition of IPgilimalion, lhl' elt•ft•t•ts of hirt.11 art' l.hc>n•hy l'ffac•re\: that the part,\· u<'qniretl llw juriclic·al <'apa<'ity in sue• c•e•ssion of ll<'l'l'clilary rights nud ll1at !ht• 111·0,·isions of tl!C' ('i,·il ('0111• :l:< 1•ont11i111'1l in t.lw transi<•nl 111·0,·isions e•x111·1.,,s]y l"<'Sl'l"\"l•d 1 lw rights thus arquirPd uml<'r tllt' prt•\·ious h1w. \\"c• n•ac-11 t.lw l·one·lusinn that tlw law in fon·p in tlw w·ar ].~;:.!, thl' cl:ttl' of 111<' hi1·t.l1 nf tlw pl:liutiff. with n•ft•n•tH·t> to .1111• n•e·u!.!uition of 11at111·:1\ 1·liildn•n. i"' to l!O\"t'l'll in 111is (•ase• aml not tl1t• pro\'isions 1·011tai1wel in srelions l:!!l :111el \;lJ of thr ('i\"il Co.Ip now in for1•t'. Thr l:tw in fon•f' at thC' datP of thr hirth of tlw plaintiff w:1s law 11 of Torn. by U1P pro,·i..;ion:< of whid1 a diilel is ,..:ii1I to hi' naitnal wlH'n. at tl1<' t..in\(' :it whi<'h it. was horn or w:ts 1·ol\1'l'i1·<'d, thP fotl1Pr and tlll' mollwr t·ould hi' justly llutl"l"ic>c\ without dispPn "'atimt. ]Jl"tl\"icl1•1I that Uw fnllwr r<'<·og11iz1•1I iL as his <'hil1I. ll<l1withst.a11tling thf' nwllwl' ma~· not h:q·p lin·cl in tlw hou"<'TIH' IJUPstion n•muins lo br drt1•rminC'cl wlwllwr tlw mothc>1· l1acl tilt' powe•1·. at·t·on\ing to !hr la\\" of Toro. to 111nk1• n•(·og-11itio11 of a nat111·al <·l1ilel; or. W:t:< tlu• l"ighl. to makl' ll•g<tl n•e·og11ilic>n 1·011/i111•1I to llw fat.IU>r'! This 1:1w gfrl's ti](' righl c•xprc•ssly In t.111• fallwr hut is sill'nt as to thr motlwr. 'l'hl' l'f';lsO\l wh,r t.hi:< differf'n('l' l'Xists, as statl'cl hy tl11• <·011111wnIHtors is that thl' f:wt of llw birth of thl' c·hilcl w:1s :Is to tlw nwllwr a s11/li1•irnt l't'l"laint,\· of thP mattPr. e·l'l'taint,\" hl'ing lh•· main point lo lw 1·011;;iclPl"C'(I. l-ndr1· the• Homan l:n\· this r•('J't~1inty was insurC'd hy rl'ason e•f tlH• r<'laiiouship that rxisll'tl hetwt•<•n t.lw pan•nts. lo wit. C'Olll·H· hina:..'l'. Thi;; r<'lation ... xisil•el wlll'l'c> ihl' Pill'<'nf.,; n•:<icll'tl Jll'l"lll:I· nPntl,\· togrthrr. (~on<'ul1inag1• (·onstit.ut(•d a l1'gal ..;\at11s. a11e\. :1s thr pafrrnity of tlw d1ile!J·p11 in stwh stnl.P was c•r1·tain, lhf' 1·liilcl was 1·c•gun\('tl as ha\"ing known 1mrP11ts as \\"Pll :1s :I known family ane\ 011· ]f'gal ;;tatus of a natnrnl !·hilcl was gi\"!•11 the• c·hiltlrc•u 11·ith011t <Ill,\" formal. c>xp1·1•,;s, or bu·it rP<·ognilion . . \II othPr 1•hiltln;11. l1orn 011t. of malrimon.''· \\"l'l"I' rl'gardt•1I :is ille•!.!ili111at(• u111I nnl posst•ssiug tlw st11l11s of a m1t11ral C'hilc\. ~\flpnvards. nmlf'r the• \:iws t•f the• parli!las a si1Hil:11· n•latinn OFFICIAL GAZETTE 537 was rt'('OJ .. !"lli1.1•1I in ~pain lo that of (·on1·11hina).(t' 11nd1•r ihl' Boman law. This rt•latinn was eallf'd lhal of bllr<i!fUlli<I .. To c·onsli111fr r(']alion ii was not llf'ct'ssary .. as under ilw Homau \11w. that t ht• 1mn•1Ll.s sh on hi l'l':<i1h• 1•011\.inuou,.;ly with (•;wh otlH'I'. Till' only l'('!jllin•mt•nt. wa,; Urn\ llll' 1mrlil's should publi(·it~· appl':ll' ltl'fon· wil11<'sS(•,.; all(\ tlw woman ,;houh\ l'l'l'<'in· the 111a11 iu this n•latiou. Th<' (·hildrl'n horn lo thl' pariirs und(•r this rPlation ll't'J"I' l"<'g"a"nlpc\ as nalural l'hil1\n•11 hl'l'll\HW tht• publil'ily of llw :t).:l'l'<'llll'lll nnd it,; 1H1tlll'nlil'it.y \\'f'l'C' rrganll'd as suflicil'lli ;.:'Uaranly of tlw 1·Nlainly of tht• is,.;uc. Thrrc wns no 11e1·cs,.;il~· nndl'I' tlH' ];111":< of !hf' parli1las in ('<l"'l'" wht•n• this l't•lat.ion 1•xislt•(l lhal th(•n• sliould lu• a n•eog-nilion of the el1ildn·n. Th<':">' a(·1p1irt•1I lhc ,,1at11" of nalurnl <·hil(ll'l'll \\·ithoul Pxpr<•ss or lat·il n·1·01.n1ilion. .\fll'rwards wh(•11 1111hli(' ,;(•11ti11wnt uo long<'r counlr11ant·t•d Uw n•l:1\i(111 known a,; /111rar1u11iu, an<l this n·latiou whit·l1 \\'a" n·g·anll'd a,; .... nm(·iPHt lo g:in• t·Prlainly lo lhl' i,;,;nc no lo11w·r (•xi,;lt•d, it. hc('lll\I<' IU'l'"""ary \.hat. lhc>re ,;honhl he ,;omc provision 111adt• h,,. law fnr thl' n•1•og:11it.ion of nalnral ehihln•u, aud as a •·011,,(•qt1<'m·e Law 11 of Tol'o wa" t•uad<'(l. l 'rnh·r t hf' bnn; of Toro num<•rous (h•('i,;ion,; han• lt1•1'1J nrndt• hy 1111' "UJll'l'llll' (•onrl of f"pain. in wl1ieh il i" inrariahly ]l('\11 that tlu• n•l'ognilion of a nalunil l'hiltl ll<'('d not. h1• 1•xpn•,;s],\' 11111•h". hut urn,\' hr laeil; t.lial. n•1·ognilin11 i.'< 01wn to ,;twh proof as wonh\ he ,;uffi(•if'nt to ,;npporl llll' fa1"!.s in onlina1y ,;uit,;. l'n!ler tlu•,;1• 1IP!'isio11,; the> l1•,;li1110JJ~' olkn'<l 11,\' Ilic plaintiff 111ul r1·.i•'!·h·d hy tlw ('our\ of l"ir"l ln,;tant•<' was ndmis,..ihl1• to show a bwil l'l'(·og:1tilion. if "ill'h n'l·og11ilion ha!\ lJl'l'll m~ulc hr the fall1t'I'. It l'all not H'l',\' ll'!•ll lw nml1•r,,\o(l(l wh,\· in a !';\St' wlll'l'e rt•1·ognition j,.. madf' hy UH' mollwr, it ,,]1011ltl not h1• '"itrnll,\' nditl and dli('a!'iou" a; whNl' it is 1mul(' hy the fatlH'r. The• fad, that addili.onal eerlninty is fnnJi,..111'11 hy proof of hirtl1 nf the l'hiltl ,,hnuld g:in• additional ,;upport lo llw ,,\atus of a natural ('hil!l wl1('1J a n•<·ognition is m:Hle h,\' tlw 111olhrr. rall11•r llrnu dl'slroy tlu• right 11pon the part of the mother lo 111ak<' l'l'l'Og'.Uilion of a natural 1·hihl. Tl1e majority of th<' !'OHrt han• n•aeh(•(l ll1f' 1·onl'l11sio11 that tl1t> nwn• proof of the hirlh of a 1rnt111·al l'hild is s111Ti('ic>11l to gin• it. tl1<' status of a n•<·ogni;r.<'!l ua\ural <·hild "1u·h a,; i,.., Hl<'lllio1wd in nrlil'h· 840 of the> ('idl ('o.lt'. Ol111•rs art• of tlu• opinion thal ll1erl' ,;]10111!1 hi' proof of n•t·og11ilion h:.· UH' mollwr. <'i\]I('\' t'X· pr<'.~"1,,· or bi('itl,\' ma1l1·. in ortlrr to hrinl! tlu• <"ase witliin tlH' ]ll'O\'i~ion,; of arliC"ll' 8·10 of \.]I(' ('j\'il ('mlc>. To <"01t1Jlly with thc>s(• \'i!•\\'s th!• j11rlj:f!llC"llt of llu• lo\r<•r ('Olli'! ,;l1<Ull!\ 111• !'('\'l'l'"<'d ;\ll!l lht• prnof of1'1·n·d hy t.11<' plaintiff and (•x1·l11d1•1l h,\' t.h(• ( 'ourt of l•'irsl lnslallf•t'. l1•11!li11g: to pron• t:u·it or t'XJ)l'I'"" l'P1·ognilion h,\' .Jal'i11ta L101·<·nt1• of tl1<' plaintiff, Bo,;a LlorPnl<', ,..1wul1I llf' n•c·Pin•1l ill Pvi(\<•n(·P. In a!ldition lo thi,;. prnnf should lw 1mule as lo the l1irt.h of l11C' plaintiff hy l11osC' who were pl'"""nt 11nd who kstilh·d lo this fa(·t on t11C' pn•\·ious trial. In !ht• ('Hnl that. ju(\l,'llll'nt "'hall he gin•n for lhe plaintiff, 011 anolhc•r trial. all(\ it sho11l1I IJC' lll'ld that llw plaintiff is l'lltitlNI tn par\ic·ipalc> in tilt' distrihulion of lhP C'statl• of .JaC"i11U1 Llol'c>lllc, II"!' :'1'!' of the opinion that tl1p pro\·i,;ions <"OnlainC'!l in artklc 840 of Ll11• l'il'il ('rnlr-tlw law in fon·c al lhc dale of t.he (h•ath of ./a<·inla J,Jore11t<'-,;honl!l gowrn in sueh distrih11tion. \\'hil1~ tlil' slat.us of the plaintiff m; a natun1l d1ihl must he 1!Pl!'rrninl'd hy th<' lnw in force at Uie tlal<' of I.he hirlh of Ro~11 Llort•nl('. tlw law,; n·laling- t.o th(' dislrihnlion of an eslalc iu foi·ee at tlw dale> of llw d('ath of iukst.att•, should govl'rn in the tlislrihution. ~I'll J.lij11n•,; n;, ::\Pr.\• n•p1•11Uy d<•('idl'd hy this C"onrl. and thl' dt•C"isio1t of llH• "il]ll'Pllle eonrl of Rpain of date ,June 24, 1807. Tim judgnwnl of the low(')' <·ourl is n•\·c>rsed and the eausc is n•manded for a 1ie\1· trial. C'ost of Uw appeal is adjudged against till' dt•f('mlant a,; an1111111,;fi·ator of thr <'slatl" of .Taeinta Llorentc. .-\rp\lano. C. ,J., Ton!s, l\fa.pa, ).frDonongh. and Johnson, JJ., J11dgmc11t 1·crc1·sr.:d. [No. 147fl. April 16, 1904.] 'l'llE UNl1'Hf) N'f'A'I'f;N, r·ompluinrrnf mul appdlrr. r.~. l'/C7'0· RINA D8 /,ON Nrl.\'1'0H, dcfnu/<111/ wul flJIJJcl/11111. CUIMINAL LAW: A88Al'l.T.-Suc fuel,; in thli; case held i;ufficicnt to ju:;tUy a couvictlon of the crilllc of assault (/csio11cs}. APPEAL from a judgmcul of the L'ourt of First Insbt11c1• of Bulacan. The uppPllant was tri<•t! iu tlw ('ourl of l"irst lnstanc<' of Bnla~11:.::c:'.1:11:~11·, 1~ 11c ~::~.:~~~. ~~1i:~"'~;\:'.1 ~-ce:t~~'.:; ~·:~~~·l<'i;.s 11:~:;~~: ;:;~:'(!\'::~~ ~l~::1:::~~ in com111011 of a lot in tll\' low11ship of :\lalolos. 'l'l1t• acensP!\ all<'mplP(\ lo t'rt'cl a homw 011 this lot. lh·r brollwr, \'al1•nti11 d!• Ins Hanlo:<, lrif'1I to [l<'l'"lla(h• hl'r lo ~11sp1•11d the work unlil th(• arri\'al of Uwir 1•1cl(•r hrolll<'I'. This h•d to a !Jll!lrrl'l. Tlu~ accu,;(•d frst.i/i('(( that \:a1t•11Li1t lrit•d to ,;tJ"ikc lwr with a slick, hut lwr wiluPss on tl1is point only l1•,;lilil•d lo 111r1•alt•uing wonls. 'J'lw acr.:11,..(•d sll'uek lu•r brotlwr with a l)Oln, iullicting a sl'rions wound on llH' right wrist. l'pon lhl's1• fa!'ls tlll' a<•c11,;t•1l was com·il'kd of as,;aull (lcsio1u:1o1) aml ,;(•11lt•1H·(•<l to i111pri,;01111w11l fo1· tlH' term of om' ,\'<'lll' eight months awl om• day. From this jmlgm<'nt !She :1p1w11k1I. l•;um:-"IO llE LAllA, for app<'llant. Holi<·ilor-<:1'1wrnl .\U.\-"~:TA, for ap1wll<'l'. :\1!~:1.1.A-"0, (' .• /.: Tlu· 1•m1rl IH•ltiw having dPcifl\'!'!l lhal thr accnsrcl wa1> guilt.y of th(• l'l'illH'. llw dt'f<•Jl,;p in lhis appt•al ha" 1•ndl'a\'on•d lo show that :<he actPd in sclf-rkfrnsl'. But the onl,\' wihwss that the a<'<'\l"('d pn•,;(•11\(•<l for the purpost• of proving lh<' as:<ault, which slll' impult•,.; lo lwr l1rolllt'r. \'all'ntin de los ~1111los, did nnl lP.~lif,,· lo tlw fact thal lw had ,;trnck his siskr with a c~llll'. whieh is what "lw :llh·w·s lo ht• Un~ aggression. The witness has only k.'<lili<•d lo ll11'1'H1!•Uillg' words. ThNdol't' till' jndgnwul of tlu• t•ourl ])('low, lwing in 11rconl· ant•t• with law, is allirmt•d with Uw c·osls of llii . ..; instance to the ap1wlla11L Torn•s, :\lapa. :\ldJ011011g:h. and .h1hn,;on, ,J,J., concur. ./11d9111c11I u/fir111cd. [No. 1501. A11ril J{j, l!HJ.I.] '/'/If,' f'Y/'l'/~'U N'l':l'/'l~'N, compf11i111111f and 11p1wllcr, rs. ('.l.Y/,'1'0 BC1'.-lUlJO, 1lrfc111/1111/ a11d aPficl/rrnt. 'CHl.\llN,\I. LAii': CONSl'WACV; ll.1.!>GAL 0ATJ!.-Thc (\('frndanl, by mean:; or lhrPal", compellPd other" to lake an oath lo ddrml lhrir nati1·r country, and d1Hlllrl.t the 1iublk pr;we or comrml i;ome othrr crimin;tl orrensr, and when achninii;tcring" lhe oath umlrrtook nol to re\'cal the fa<·t lo any prrHon whale1·er. l/cld, lhal lhrse fad,; ron,..tllule the crime deftued and punished in article 12 of Act Xo. 292. .\Pl'EAL from a jwlg111ent of the l'ourt of l<'ir~t Instance of !locos Norl<'. Tlu• facts art' slatl'd in lhe Ol)illiou of lht• col!l'l. J)};(JtH!M'IAS lh:YES, for appellant. Holicitor-Up1wral AHA-""TA, for appellt•t'. To1un:,<>. ,/.: .\ugust. ::!ii, 1!10:\, the prnvincial liscal of llocos ::\orle lih•d a complaint iu llw ('onrl of First h1starn·(• of l'hat prm·iitcl', <'harg· ing' ('anulo Butanlo with tlll' crime of lmdng- admini:<lc>n•d nm! cous<•nk<l lo tlH' admini,;lration of an oalh in support of an ag:r<'c· uwnt hy which a numhl'r of persons ohligakd tht•msl'lvt•s to df'f<'nd th<'ir natiH lnnd against the Go\·l'rnm1•nt of the LTnit<'d Hlates of America in thPsc> Islands. 1u0 1d to rc>frnin from n•vC'aling the agn•Pmrnt in thnt the accusl'd, about the end of June 01· the brgin· ning of .July, l!)O:~. logl'lh(•r with cNtnin others, cnllf'd a m<'cting •I-leaduotes by Mr. Justice Torres. 538 OFFICIAL GAZETTE of a numlwr of inhahitant:< of the town of Paoay, in the fo1·csls of Buga, Sule\l(', Pias, and Barnnio, aml ailminish•n·d an oath to llwm hy whil·h llwy a><sllm('(l the obligation to lh·frncl tlwir nalin· ('otmlry again,.;t. 1111' C:on•n11111•ut of tl1l•:<t' lslantl,.;, and lo l'(•frnin t"rom n·n·alinµ to i111,\· person ,,·]mlsot•\'l'l' thii-i :l/ .. \Tl'('llll'lll, contrarr ln l]l(' pro\"ision,.; of .\l'l :-..'o .. 2!1::! passt•d h,r llw Civil l'onnnission. Tl1t• i11fornmtio11 ha,·iug hc('ll lih•d, and tlu· cast• called for trial, till' jw\g(' upon llll' 1·,·ide11e1• inirodt1c\•d "''nk1w1•d tlw ddl'mlant to ,;ix ~·pars' i111prisou1u1•11t at hal'd labor, to pay a lint• of $5,000, !-[old, nml llw eosts of the JH'Ost•cution, from which jll(\gmcnl the 1ld1·11daul ap1wnl('(\. .\ nnmlH•r of wil1wss!'S Wl'rt' l'Xamiu<"cl in lht• ccntnw of Lill' trial, from tlw n•l·ord nf \\·hkh it app1•;11·s that ahont the 1•1111 of .Jmw 01' 1111' hq.:-iunilll! of .lul,\·, rnoa, Ow defl•mlaut Hnlardo, nccom· panil·d hy \"ah·ntin Bulanlo, a111l J·:ulalio Diaz. c:q1t11rPll Pablo l'a<"ny, ,Ju:tn :\an1rro, and .\lnll'o ('a<·pal, who \l'l'rt' lnkt•n into tlu• iutl'l'ior of a fon•st, wh1·n· tlll')' wNc hli1ulfold1•d aud tlw accused onh•n•d tlwm, mHlt·r thn•11ls of d1·ath, lo olit•)' him: that afll'l" IHffini.:- <'nm1wlkd lht'm lo k111•c•I lw IWHil• tlll'm l"t'Jlc>al llll' following oath: ··1 proulist• am\ swt•ar to dl'fl'ml my native country with the Ja,.,t drop of my hlornl"; that lhl'reupou hl' uuulP an incision with a knif<' in tlw rig-ht arm of l'Hd1 onc• of tlll'm, charg-iug lht•m nol to n·n·al to anyom• wlmt hail oce\llT('(l, lc-lling tlw111 tlwt he would suhsc•1pwntly inform llH'm of the ohj1•cl aHtl purpos1• of till' mc•t•ling-: tlml for this purpww he told tlwm lo go on a cl•rtain day \n tlll' hanio of llnranio, atHI tole\ llll'm that Ill' \\'Ollld rt'iul the• 1!1w1111H'nt l<i t\u·m: t11at tl11• \1·il11e•ss1>:.; hael Sl'('I\ ;t 1111111l)('r of other 1wn•o11s \ak1• a similar oath lll1tl go throuµh th1• sanw ct'l'<'mouy of iueision: that at'l't!l'ciiug- to otlll'r wit111·s~w,.;, ('amlielo Pohrl', :--implkio (']('IU('lllc-, L11is D:uh,1la, Tt'ksforo Harnnµal, auel Eulalio Diaz. tlw aceu,.;(•d, ('auuto Hutanlo, t•mh•a\·ort'd lo fol'm a socit•ty of union and fral1•rnit)" among- tl11• i11lmhita11ts of that lown, making tlll'm tuk1• tlw sa11w oath and go through th1• c1•n•mony of i1wisio11; th;1t llw purpost• of this was, according- lo tlw willu·l'ls Diaz, lo form 11 party fol' tlw Pl<>clion of the prl'sidl'nt, although othf'l" willll'Sl'il's stake! that it was not 1•11sto1w1r)' to go lh1'011g-h this C('rt'lllOn,\' of hloodlr:>tting with lite• l•h•clors, anti llll' wihwss :--iimplicio ('lc•11wnlt• said that th1· so('il'l,\' \\·hich the accn,.;('(l i11t1·ml1·1i to organizl' wa,; a s!•Crl't socic·l.\' of a po\i\kal churacll-r . . \11;:::-11:-.lin .\gba)·ani, a s1•rg(•;111t of poli<'('. l1•stifi1•1l that wht•n tilt' 1•xist1•nt•1• of lhis :-.t•cn•t socil'ly was 11iseo\"t•n•ll he miuk an all(•mpt to find tllC' elocunwnts Jll'l'lai11i11g lo il; that !w \\·as infnrnwd hy Yah·ntin Hulal'!lo that the doeunwnts w1·n~ in the possc•ssion of Hos1•ntlo l)uini!pll', in \\'host' pos,wssion till' willll's!'l fount! n box containi11g th(' 1locum1•11b now in the n•con.b. Thi~ 1locunwnl, at•co1·c\i11g lo the slat1•11wnls of \"nh•nlin Butanlo, was wrilt1•11 hy tht• act'l\s('el, who !oi\llTt'llllt•rPd lo the \\ itiwss wlwu lw was goinl! to thl• barrio of Pius in .Jmw, l!JO:l, to make incisinn!'l (!oiic). Tilt' wiliwss anirnll'd that lht• aecns<"cl had a<lministl'n'1l oathl'l (o a 111tmh1·1· of 1wrso11s, and had made incisions upon th<'m as a g11arante•e• of tlwir undt•rlaking with re1'pcct to the election of tlw pn·.~idt•nl. The docuuwnt contains an t•xhortalion lo Filipinos lo hu\'e counigl' in t]1(•ir ddt•nst', to dt'lt•rmine lo triumph, and not lo forget l;otl. It le·rminate•,., with accl;11m1tions for the Philippines, for the c\owntroclden, for the rc\'ohtlion, and for independence, aucl denmnd,,; the d1·uth of traitors, The facts pronn in this ca,,;e constitute the offt'nsc defined and 1n111i,;1H'cl by article li of .·\cl :\'o. :lH:l, pm;scd :\o\'ember 4, l!JOL Thl• tl('f1•11danl, C'anulo fiutardo, for the Jlllrpo!-le of disturbing the public pc•act', or committing some Cl'itniual offense, com1wlled a. 1mmh(•I' of inlmbitauls of the town wlll're he resided, by threats, to take nu oath lo act in acconhmcl~ witu his purposes, am! not to rewal to anyone their unt!C'l'taking. Incisions were made in the arms of lhc associates, this, us well a!'l the fact that secret meetings \\'NC helcl in fiehls, forests, and uninhabited places, bl'ing a proceeding adopted by thC' revolutionists. The conlt'nls of the document fonncl in the posst•ssion of one of ,the members of the pal'ty formed by the accm;ed, l'anuto Butardo, and ot]l('rs, b,y 11\l'ans of incisions, and the 1idministration of the oath above refl'rr<'d lo, shows that this oath was n•quil'c>d for the purpost' of disturbing th<' countr,v, opposing and onl'throwing the conslitutt•d (;on•r11111c>11t of thC'sc Islands. Consequc>ntly it is unq1lt'stionable that the uccused, who is tlic a11thor of the document in l(llt'stion, il'l ,,;ubjt'Ct lo the penally prescri111•1l hy the law. In view of the e\'ill1•nce in the cast', we can nol lll'lie\·e the statcnlt'nts of Hntanlo, that it wns his purpose to fol'm a lawful sociC'ty for lhc l'kcliou of the president, and the 1•xtirp;tlion of e\'il prac· tices; that the docunwut in qu<'slion was written by him in 18!17; that he Oed from the municipal prison for the purpose of looking for his companion,.,, who were in concealment, and that it was the custom lo make th1•,.,e incisions on the l'icctors so that thC'v should not commit trca,.,on. We can not bclie\'e- this, because tiic document in q1wstio11 was llHHle use of, not only by the accused, but by otllt'rs, wlll'n lhe oath was administen'd and the ceremony of incision 1wrfo1·111t•d in lhc barrios of the town of Paoay, llocos ~orl1'. There i,,; uo t'\'idt·ncc that it was a custom to administer an oath am\ 1wrfon11 the ccn·111011y of incision undl'I' the veil of s1'C'l'l'<"Y as 11 prPliminary to the municipal elections of that town. Such proc(•l'dings are of it revolutionury character, and arc praetit•t•cl by mC'mbt•rs of the Katipunan socil'ti1•s. l'onsC'cp1cntly, 11otwilhstanding the allt·galions of the accus1'll, and his plea of not g-uilty to llH' drnJ'gl', the case must be dt'cid<>d in accordance with the facts charw·d in l11C' co111phiint, and the accused convict<>d, [mt not of the crime of conspiracy, of which he was convicted by th<' tl'ial court. For the n•asous slakd, it is ou1· opinion that the judgment uppPa!t•d must be ren•rsed and the accust'<l comlc>mned to suffer imprisonnwnt for tlw pC'riod of one year, and lo pay a fine of 2,000 in,,;ulal' pt•so,,;, with subsidiary imprisonnwnt in case of insoh-cncy, at tllt' rntc of 2~ pesos pt'!' day, the period of the sub!'lidiill'y imprisounn•nt not to cxcC'ed the third 1mrt of the principal penalty, and to pay the costs of both instances. The cltse will be l"l'manded to the trial (~ourt with ll certified copy of this decision, and of the jmlgm<•nl to be 1•11tl'l'Cd in uccordunce therewith. .Arellano, C. J., .l\Iapa, .McDonough, ant! Johnson, ,J,J., concur. l'oope·1-, ,J., was absent when the decision was .;igned. Judymcnt modified, LNo. 1546. April 16, 190·1.J 'l'Jlb' l:.\"l'l'J:,'IJ S'l'.l'l'ES, complai11a11t and appellcc, vs. FELIPE /l,1:1/.-1, defendant a11d appellant. "CRIMINAL LAW; BRIGANDAGB; Acci,;ssonii,;s.-Where It appears that the accused furnished (ooll and shelter in bis own house, and gave rice to a band of brigands, and that be aided and protected them, they being at the time armed with different weapons and engaged In robbery, pillage, and other crimes In the mountains where they lived, in the ftelds and populated places, the offense is that of brigandage, as deftned and punl>ibed by section 4 ot Act No. 518. APPEAL from a judgment of the Court of First Instance of Cebu. The facts are stated in the opinion of lhe court. JOSE VILLEGAS, for appellant. Solicitor-Gencml ARANE'fA, for nppcllec. Toniu-:s, J.: July 27, 190:1, the deputy prnvincial fiscal filed nn infol'mation in the Court of First Instance, Cebu, churging Felipe Rama with tlw erimc of brigandage, in that the ,;aid iiccused, after the 12th day of November, 1902, organized a band of brigands for the plll'posc of stealing curabao,,; and other pe1'sonal property by force and violence, and that he and other pel"sons forming the said band, armed with deadly weapons, wandered about the country at Cupampnngan, nml in the vicinity of the cemetery of San Nicolas of the municipality of C'ebu of that Island, contrary to the statute in the case made and provided. •Jfoadnote~ by Mr. Justice Torres. OFFICIAL GAZETTE 539 l•'rom th<' 1•\'icll'1wr taken al the trial of thC' ea,.;e it apprars Urnt durin;.:- llw months of .Jrnw and ,Jul,\'. l!)Q:l. a hand t•omposC'd of suml' fiflP1•11 or l\l'c•ntv 111('11, arnwd with l\nl g:un,; ancl \oug bolos, was waml1•ring 11ho11t0 lhe ha1Tio of <:1mc\alup~ in tlie dl'inity of the c·c•nwtNy of San Nicolas of the m1111il'ipnlit)• of Cch11 in the Island of that uamC'; that Ga,·ino Rama \1';\s tlw lcadf'r of this gang. the ml'mhNs of whiC'h 1wn• rngag1•d in rohhl'ry and llw l'Xndion of morn•y from lhC' inhabitants of th:il plaec, ,.;onw of whom WC'rc n1ptun·cl a111I takf'n tn thl' mountnins. whcr<' thl',\' wen·· hc>hl as pri:<oiwrs for >wn·1·n\ clnys. not h1wing brcn uhle lo pay thr ran><Olll 1IP11rnndcd: that thr m1·111l){'rs of this bancl killl'd some China· mt•n for the p11rpo>il' of rohhing tlwm of lh<' ,;nm of i pesos; that ~l1:111:::~ r i:.; 1 1:1 ~~~·:.1!~ i ~11:" • ( ;~:::;~ ::~ll J~~'. o:<;lt:•11'.~::1 i\!~~ I \ 1 ::: ,. ::~:ll~:,:1111 t!'~e \ ~ ::: lt·adrr of tlH' hand. who wa,; hi,; ,;on. and the eompanions of the latlN, /,:"i\'ing them food arnl riel' whit'h lh<',\' took into tht' interior of !ht• mounlains. Tlu•s(• fod,; HJl)!t'<ll' from iltt' frstimoll,\' of lh<" wilm•,;s1•s :\l:unwl i{ag"as;1jn, .\1lriauo ('ahan. l'!•dro (';1inwa11, \'i(·toria110 Pa!lln. arnl 111•lito11 l'oharnthia,.;, of whom Cahnn, ('ahn('an. and Padin w1·n· lwltl n" prisont'I'" h,v thC' nmll'fador,; fu1· "('\'l'l'al dny,.;. Two polil·t'llH'll te"liffrd lhal one night thC',\'1 lo· .[!.l'llwr \\'ilh "01111• ntlwr pt•opl!'. \\'!'Ill lo lhl' hons(' of the n!·1•1i,.;t•tl. Fl'lip<' Rama, ha\'iug rct·('i\'l'd information that his son, Gavino Hamn, and s<•\·eral oth<'l' armt'1I men. wert' tlwr<', hut. upon ilwir arrin1\ at thl' honse llw,\' did uol find anyo1w. Frnm thl' f;wts stated il t'l('arly app<'ar:-; that Fl'lipt• Bam<I, "·ith knO\d('dgl' of the illegality of his iH•ls, ;.:-a\'(' aid am! pro· t1•(•tion tn a band of hri;.:-ands, ll'd hy hi,; son, Oa\'iuo Rama, gil'ing shp\lc!' lo tlu· lntlrr aml to his ('Ompanions. who. pro\'ided with anus. w:mdel'l'rl about the l'Ollntry in tlll' lmrrio of <:uadalupc 1war tlH' l'<'llll't('ry of tlw town of Han Xil'olas, alHI <•n;.:-agcd in rohlwry. pillage nm! olh1•r offt•IJM's. am! that tilt' ;wc11sl'll supplied lhl'm with food in hb own honsP. silnall'1I in lht' said barrio, and furnishl'd thl'm with rie1', all of whil'l1 C'Ollslitules llll' erime de· li1w!l and punished in arlide -I of _\ct Xo. :)18, 1•na('t<'d Xo\'em· hN Ii, .}!)0:!. The al·(·Us1•1l pleadt•d nol /,:"Uilly. and il'stilied und1•r oath that 0111• day. lhe dall' of whic·h he ean not rl'memher. Mt•lit.on Colmrrul1ias. an·o11111a11ir!I by OIW Himon. (•anu• to th(• hol1"!' to Im,\' some· (·llil'k1•ns aud a ho;.:- from him: that hl' n•fust•d to make the sale, a,.; llll'.~l' thin;.:-s did not !)('\on;.:- lo him; that ::\Il'liton abo tried to buy a hor,.,1• "·hieh was tlwn'. hul that the witnl'ss rl'fusecl lo sell it. a1ul that llwr{'upon the two nwn \\'l'lll away: that on the night of tlll' same <lay thc»l' nwu n·tm·111•1I. and n1ll1•1I to lh(' wilnC'ss lo op<'11 till' door arnl :;trikP a li/,:"hl: that tlw~· tlwn t•nfrrl'd his hou,.,<'. aud lwat him with I.ht• hnll>i of llll'ir guns, aft<•r whil'h tlwy look him to thl' hous1• of Li<•nlt•m111t. Luga. from \\'h<'lil'(' he was lnkt•IJ to the 1111mil'ip;t] honsc of San :'\kolas: that hl' was th1•r1• 1•xa111i1ll'(l. and ,.;lat1•1I that his son Cavino had left hi.s l1ou>'l' a lonJ!: timl• ag-o. :IJI(\ llml he. lilt' wilm•,.;,,, di(! nol know wlwn• 111' wa,.,, as his said ,.,011 ha!l uot n•tm·1w(l to llll' hous1• sinl'C hi:< d!•pn1·turt•; lliat liis son wa,.; unmani('(I, arnl that although he lmughl »Ollll' ril'c it was not more than a pint or ,.;o, as he was a poor man. .\na Ha111a. tlw (laughln of the ;H"('lls1•!I. tl'stifi('(\ undl'r oath that wlwn lwr falhl'r was ;u·n•,;ll•d he wa,.; h('al<'n h,v hi,.; eaplors; that lwr hrotlll'r (j;n·ino had not lH'ell in lhe ho11s1• of hl'r father -'ill!'(' his 1IPpart.11rl' from it a long tinw aµ:o. i11J(\ that h(' had not l11•P11 llwr" in c·owpany with uthl'l' armed men. Tlll' other wit· 1w,s1•,.,, Tranquilino Lahcstt• Hll!\ ~\ntonio Lahra. lll'ighhors of the ;11·1·u,,1•1I in the• lml'l'io of Oua!lalnpe, kslifiNI thnl t.l\('y had lll'Vt~r "t't'll an.'· ;11·111ed llll'll l'ating in the house of the aeeus;•d, a.nd that tll!'~· lnul 1wn·1· >il'l'n hi,; son. (;a"ino Hama, tlH'n' sine<' hC' went away from it some time ag-o. Tl)('sC' witn<'""'<'" slat<'cl that on working days tlwy \\'el'!' arl·U:;tonw1! lo \1•a\'(' t]l('il' honsC's. Xotwith:;tarnling- the denial of tl\(' Hl't'llsl'd, am\ lll(' h•stimony of lii.~ witm·~,.;, lht•rc is suflil·icnt C\'idl'm·c in the ease to show 19145--3 h<'yo1ul 11 reasonable douht that t.11<' ;!('(•used on ,·arious ocC"a.sions provided food and sheller for a hand of nnnt'd 111<'11. "·hieh was wandering about the fidds of the barrio of Guatlalupc. engaged in rohli<'r.v nnd oth('J' erinl('s. The evidence again!il tl1c dcfl'mlant is not O\'('rc·om<' hy his <'Xl'nlpati\'e allegations or the testimon,v of hi:-; witn<':;ses. 0111' of thl':-;e wus the daughter of th<' n<•cused, a111I the other two statt'd that llwy did not :;lay in their housc~ on wol'kiug day;;, aud t.hi,.; explains why th<'y did not ,.;cc the arml'tl ml'n in thl' house of the iu~cu,.;l'tl. On the othC'r hand, sev· l'ral other witnl's:-;(':-;, tln·l'c of whom had hl'!'ll c;1pt11red by the brigand,., kstifit•d to having ,.;ecn the :;on of the accused, together with the 111al<'facto1·,.; under hi» <·omnumd, in the house of the a('l'll>;ctl, and ,.;aw him ,.;upply them with food. Th<' f;wt that lhc <H'l'll.'<l'd was ('h;11·g-ed in the infol'mat.ion with lhl' oll'en,.;e 1l1•Jincd and punislwd by arlielc I of Act No. iil8, is not a l'<'ason fur setting nsidc t.lw d1•('isio11 of th1• court below, by whil'h the lk·frndunt was found gnilty of the offense described in arli('h• -I of that act. The offpn,.;e defined in 11rticle 4 is included "·ithin the nime of brig1111dagc, as an n<•t of indirect parlidpa.lion. jni.;t ns the guilt of 1111 acl'cssory i.s included within the guilt of the author of .a eonsnmmatcd crime. ll is nothing more than a 1l<'grl'I' of the crime punisl\('d by that a('t., and tlwrcforc under the provisions of s('(•tion :!!I of C:C'ncrnl Orders, No. 58. the eourt is aulhoriz('(J to find th<' dl'fl'ndant. gnilt.y of any offl'llS(', whet.her it hl' lhc t'on,.;umnmt.ed crinw, 11 frustration of it, 01· an attt'mpt to ('0111111it it. ll<'C<'ssarily ineh1d<·d in the offl'n.sc dmrgcd in the l'Olll· pl11inl or information. For the l'l'asou.s .-;lated il i~ our opinion that the judgment upprnled must he alllrnl('d, with the costs ag-;iinst the app<'llant. Tht• J'(~mnl will he retnrnrd to the trial court, with a certified ('0Jl,\' of this tlel·ision, uncl of the judgment to he entered in uecord· anc·e lll{'rC'With. for t'Xecution of the saml'. .\relluno, C •• J., Coop<'!', .MeDonongh, l\fopa, and Johnson, ,JJ., ./1ul9111c11t affirmed. [No. 1590. April 16, 1904.J 1'HB C.\'/'J'fJJ) S'l'A1'HN, compl"i11m1t 1md aJllieflee. 1w. 'l'fJ/,ESl"ORO ROR.·ll.-DO H'l' ft/,., defe11danl.~ a11d a1>pcllw1/,\·. •cumtNAL. L,\w; R~;n~;t.LION.-The defendant, a muuicipal policeman, deserted hi:< post, In vlolatlon of his oi1th of offtce, und voluntarily jol11ed a band of insurgents, taking an active part in the 11r:ts of rebellion against the co11stltuted Government of these Islands com· milted by the band contrary to tbe provisions of law which guar;rntec peace and order. These facts coostilute the crime of rehclllon, dcllncd and punishl'd by Act No, 292. .\PPE~\L from a judgment of the Court of Fir.st JnstallCl' of Bulacan. The facb lll't~ statl'll in t.lw opinion of tlw coul't. .JosE L. lJutNTos, for appellant,.;. Holicilor·Ucncml .\nA:"'ETA, for uppl'llee. TORRES, ./. : October :!, rno;J, the pro\·incial fiscal of Bulacan fil"'d a complaint in the Court of First Instance of that pro\'inc11 charging Telesforo Ilornlc\o and F<'lix Adajar with lhe crime of insm·rec· lion, in that th<'y, on or ahont the C'nd of the year l!l02. and until thr~· WPrc c1q1turl'd about the month of 8eptemher of the year following, promoted and \•olnntarilr and l'l'iminally abl'ttcd, within that pro\'incc, 1111 in:;urrcction against ·the Unitl'd Stntc!i and the Go\'cl'llrnl'llt of tl\('sc Islands, ('ontrarv to the .statute in the ca:;e made and prnvided. ' An amended <'Olllpluint having hel'n filed the ca!:ie Wl'nt to trial. Thl' court, in ,.il'w of the <'\•idcnce introduced, rendered a judgment finding the d<'fl'rnla'nt Roralclo guilty of the crime •Hend11otes by Mr. Justice Torres. 540 OFFICIAL GAZETTE of insurr1•(·tio11 am! co1uh·nuwd him to tlw p1•11all,\' nf (•ight ,\'c•nrs' imprisn1111wnl all(\ lo \lw pa,n1wnl of a (inl' of $·1.000 aud the costs. lit• aec111ill(•d F1·lix .\1lajar, llw 1•Yi(\t•11l'C' ag-ai11,.;l l1im uot lwill;! s11flieit•n\, witho11l pn•judil'l' tu a pros1•1•ntiu11 ag'ainst hi111 for tlw prohihikd \I"(' of lin•;ir111s. .\gainst this 1l1•c•ision tlH' ddt•mlanl Honlldo :1pp1•all'd to this eonrt. From lhl' p1·oe('('cli11.!.(s al llw hial it appt•ar,; tlwl n 1111111hP1" of wi\n('ssc•s fft•n• c•xa111i11l'd. Li('U\. Lorf'l\7.0 Hnmn,.;, of llw ('011st:1hular,\". lc•sliliPd that somt• 111011111,; ;1go tlw two a1·e11,;('(\ wc•n• s1•11t to him at .\(1•,\'(':ntnynn h)' ('a plain \Ya1T1•11. tht• 1•h:n·g1• lll'ing that :\tlajar was a lh•ut1•m111t and Hornl1lo n ,;c•r;!t•ant of tlw hnnd lc•cl h,\' om• ('nu\n•rn,.., an insuq,i-t'ill (•hi1•r: that this ,.,latl'nwnt was t•cmlir11wcl h,\' !Jolllill;!O Ar<'llnno u111I Raflll'l Hin•ro, hi" spi<'s: \l1at wlll'll :\d:1ja1· was a1·rl'stl'tl a .. i:> l'illillt'r ('oil's n•\·oln•r w;h fonnd iu his Jlll""''""ion. thl' w1•apon ha\·ing- h1•1•11 lli.~C'o\"l'l"('C\ in a dump of hn111hoo 11t•ar hi.-; hollsl': that tlw >·wir.lln' of this \\"\'apon took phu•1• iu the• prt•><C'TH'l' of tlw spy .. .\1"1'\la110. aml tlw poli<·1·man. Forlmmlo l-'ulit: thut 11" a r1's11ll of tlw im·l'><ti::ration 1muk. Fl'lix .\dajar l'onfrss('(] lo him ><pnnbllll'O\li<I,\· tlrnt hl' wa>< uppoinkd a li1,ulrnant of ('nutrt>ras am! had hl·•·u with 1111' lalll•r in tlw 111m111lains for one Wl't'k: t11at he ><Hlli<t'· q111·ntly r<'llll"lll'(\ to tlw im\·n fo1· ilw purpo><l' of eollreting- l'cmtri· hntion'"'. :rnd that on aeeonul of (:o\·c•nmr Tt•1•,.;on·s op1•r:1tion>< ag-ain><t tht• instU";!l'lli» .\dajar \\"t•nt lo tlw l'ro\'inet• of Batann. wlH'rC' hl• \\";l>< :tlTt',..tC'd: that llw oth1·1· ill'('\l,.;t•tl. T1'lc>sforo Hornltlo. also ,.;fat<"d to him that he was u nwmher of tlw police of llH' 1111rnieipality nf :\IC'yenua.v:rn: that Ill' dC'sl'l"tr<l with his companion,.;, taking- with him his arm><: that I\(' .ioi1wd tht' ('onlrt>rns part.'·· That wlll'n ('outrrni><'" hnnd wns displ'nw1I. Rorahlo \\.l'lll to the Pro,·irn'<' of Bat.nan. whC"n' h<' wa>< (•111plo.v1•tl hy the pari><h pri~,.;t of mw of the towns of thnt prnvinc<': that he hail tll'liH'I"!'<\ his gun to one Capt. .Jorgr ~nn PC'c\rn, who sub· s1•q11e•ntl.\· ><lllTC'llllcred in thi..; eity: tl11's1• .;tah·nwnl>< wrrl' nH1tll• h.v Roraldo niluntnrily. llw witnl'"s adcling lhal the nee11sc>1l joi1wll ti\(' i11.;11rg1·nls niluntaril,\· all(\ \\"NC' uot eapturt'd h:-.· tlwm. Thl' two witnl',;s1•><. ])omin;!O nrn\ Bafap] Hin•ro, aflirm that on dilfl'n•nt oeeo1sions th<':">. WC'l'P (';iptlll"C'tl h.\· Tc>l1•,;foro Rornl<lo: that hl' took thC'm into tht' mountain-,. \l"hNI' tlwy ><aw a nnml)('r of pl'r . .;ons, mauy of whom had lir<"il\"llh of diffNC'nt kinds. That thesC' pNson . .; eonslitult•d tlw Katipnnnn unelt•r the 1•om1m11u\ of CoutrC'ra><: that tlwir purpn><l' was to inn\Ch• the town,.; ancl att;1ck thl' ('on><tuhular.'· for tlw purpo><C' of ><C'ir.illl! lhl'ir g-1111><: that a numhN of olllt'r i1J(\i,·idnab had IJc•('ll eaptnrl'd h1•sid1•s thC'mwh·<''"'. Till' wihw . .;s .\n•llano statC'd that hl' ho\C\ ><UCCC('(!C'd in n•tun1in;! to tlw town of '.\h•.n«11m.n111 so1111• \\"c>c•ks nftC'nn1nb \\·ith ti\(' pt>nni . .,><ion of tlw ehirf, ('outrl'ra,.,: that \\·liilC' with till' hand of in.-;nrgC'ni>< lw saw thC' aC"cusrc\ Horahlo. llafaC'I Rivl'ro tt>><tifirc\ that \\.hC'n lw wa-; captun•d by Hornhlo tlH' latll'I" wa,.; accompani1•d liy anotht•r man ar111rcl with a g-un, hut that he did not srC' Fl'lix .·\dajar among thC' nwmhl•r,; of tht' hnncl while he wa,.; in thl' mountain1< will1 thl'lll lwfort• hi.-; l'M'OlJJC'. From thC' faC'i>< "tat('(\ it appC'ar,., th11t tlw ea.-;1• offc•r,.; snflh·il'lll l'Yiclrncl' of tlw exi,.;t1•1H"t' of tlw l'rinw. and of the gnilt nf Tt>ll'sforo Horaldo. It j,.. 1111q11C'stionahlt• that lhh man, in Yiolation of his dnt~· and of thC' oath lakc•n h,\" hilll H>< a municipal polit•C'man of the town of ::\l<'yeaunpm. ahanclo1w(\ hi>< post \\·ith 11 1111111\Jer of otl\C'r person~. and join<'cl tlu· band commamll'd hy l"il"i;l("O C'ontrNa><. takin::r part in acts nf insnrrl'elion or n•lwllion, and C"fliei<'ntly coiiperating witli that rehc•lliou" haud ag-ainst thC' f:o\'C'l"lllllC"llt C'stabli,.;h('(l in th('.-;c ! . .;land><. and ag-ainst the \a\\·s \\·hich g-uarantl'e the pC'aCC' and tranquillit,\· of the inhabitant><. Con><C'cpwntly he is th<' anthor of tht> cl"i11w h:-.· dirC'et participation a . .; a ><uhaltNn of tlw h1111d and as sucl1 i,; suhjt>1·t to tlw 1w1rnlty prr><<'ribl'd in articl<' !J of • .\et Xo. 2!12, p11><s<'d Xm·e•mlwr 4, H.101. ' Xot.with><taJl(\ing- tlw clrnial nf thf' aeC'\lsl'd and his C'xc•usc that whi\1• lw was a 1111111ieip.tl poli1•1•111a11 l\C' w;i,.; C'aptnrt•<l hy ('on· trNas and his hand, wh•J look him into the 111ountai11><, wl1en· he act<'d for llwm ;\s cook for on(' \\"C'C'k, 11ntil lw Mll'l'l'l'dcd in making his 1'><l'H[)('. lhc fact ii< that the· 1•\·idl'nce for thC' prosr· ention in tilt' ea . .;l'. far from bt>ing- on·rcomc hr the allrg-ations of the a1•1•u><e'ei, show lw,n,ml a e\oubt that lw Im,; t·omulith•fl the t·rim1• pnui><hed Ii,\' the arti<"le eifrd of Act :W2, he lmYing ahan· 1lmwd his post with his arms and ha\"ing takC'u part in the in,.;urn•d.inn or n•hrllion against till' 1•stablishrc\ (;0YC"rll111t>11t anel it..; agN1ts, n1ln11ladly ht•t•oming a ml'ml)('J' of an organizl'rl l1a11d which l"rc•(111t>nll.\· altaekt•(\ aml n•sist('d the forel's of ihC' l"Ollslit11tt'el anthol"iti1'" ag;tinst tilt' law, aud h,v gidlll! pn><iti\·C' and 1•11iei(•11l ni1l tn tlw rl'l!('ls iu arms. The alll'gatiou,.; of th<' d1•fl'nda11t ("an not. hl• iulmillt>cl, thNe bC'ing no eYidrnct• lo show thal Ill' was ill l"ael l"a!iti;n'd. aud that lw only aett•d as ('Ook. wilhm1t ha,·ing ll('C'll an actin~ llll'lllhC'r of.the ham\. Ft1rthrr· m01·1', if it Wl'n' tnw th.1l he· was llw Yictim of a S<'llll<'slrnt.ion, Hile[ that lw wa,., hC'lcl n;..:,lin,;l his \\·ill h:-.· the mt·mh<"rs of th<' haud. as soon as ht• n·c·on•rc•d his lihPrh·. he wonld IHI\"<' imml'di· afrly pn•><entl'<l him,.;1•lf to tht> authoriii1• . .;. This he> dill not c\o. Tlll'n•fon· his stall•1111·nts eanuot IK~ I"l';!>Hdc•d as worthy of hl'lid. n11m• 1•><pP1·ially in dew of thl• fact that tlwy arl' in contrndiction of !ht• fr,;limon.v of tlw ('on><talmlnry lic•nt1•m111t, Lort>nzo Harnos. For the• n•asons slatrd W(' an• of llw opinion that tl1<' j1HlgJllt•11l nppl.'ale·el 11111st. lw conlin1wd ill so far as it. imposl'>< npon !lit' 111·1•11,.;e•(\ Telt•sforo Hora],\o the 111:•11ally of l'ight .\"ears' imprison1111'1\l anti a fi111• of $4,000, lht• <ll'CU><1•d lo pay one·half of the t•o,.;ts of hoth inslant•c•,.;, This l'<ISI' will he rcllll"lll'd to tlw trial 1•011rt with a <·Ntifi1'll copy of this dt•cision, and jnelg· nwnt to ht• e•Jlll·n·tl in m·eordancc hrrl'with for the execution tlwn•of. No ol"ll<'rcd. .\1·clla110. l' .. J .. :\lapa, '.\ldlonough, and ,Johnson, ,f,J., concur. C.'oopt•r .. J., \\·as ahM•nt when this decision wn.s .signed. Jud9111(·11f modified. [No. 16·1G. April lG, tn0-1.J 1'/IL' C.\"/'/'f.'/) N1'.l'l'/;'N, co111plai11rrn/ a11d1111pdfcr:, rs. l"/-,'."l'/'UHA .11.IHl.·1.\"0, dcfc11da11t mul appclfuul. Cu1~1tNA1. L,\11'; UruGANl>Alil·:.-The defendant, a 1>oliccman, deserted with his arms, and joined a ba11cl of armed men, 01·ganiied for lbe rur(losc or robbcry. Sc>veral robbcriei; were committed by the band while the defendant waH a 111ember of it. llc/1/, that the dcfeudanl i>< guilty o( the.crime of brigandage. .\l'PE.\L from a judgnwnt. of the Court of First lustanct~ of - Hizal. Thi' fael,.; an• stalc•d in llw opinion of tlw eourt. :\l. (',\Hl:XGAL, for app1'llanl. 1-iolicilor·(;('JWral :\llAXl;TA, for appeller. ,JoJJNSO:-;', ,/.: ThC' ddl'l\flant i11 this cast• was charg1'd with the crimr of bmulolaismo. lie wns tried in the· Court of First. Instance of llw Provine<' of Hiz11I, and on tlw uth da~· of .:\pril, mo:~. wa>< found guilt,\' and \\·a . .; s<'lltl'lll'l'd to imprisonnH'nt on ll1<' ith da:-.· of April, rno:l, for th<' 1wriod of his natural lifl'. .Juan .Januario Coronado tC'><tifi1•d that he was thC' prc·sidC'nt of tlw p11d1lo of Nan l•'p]ip1• Xl•ri: thut ht• k1lt'w llw nt•c:u.;1•d: k1ww that. lw had lwt•n a municipal polic1'1111111 of th<' p1whlo of l'asig; that ]11' d1•,wrtt'd, a1Hl look with him SC\"C'ral gnns and l't'\"Ol\"1•rs, whieh 11<' lat1•r tnrnC'd o\·C'r to' G1•11ernl San 1\Iigm•I; that. ht' h('ea11w a 1111'mhl'I" of San .:\ligut>\'s hand, which bam\ was composml of uLont 200 aruwd nwn; that this hand 11·1•ut out upon the highwars und roauwc\ o\·rr tlie country, arml'd with (lt•oHll,V wt>npons; that tlH' said baud attacked the pul'hlo of Pnsig on the night of thC' 24th of Dec<'mbl'r, 1!)02. Clemente Ft>rnander. tt>stified tliat he lived in tlw pueblo of 8an Fl'lipt• X1•ri: that Ill' knl•11· th1• fH"C"llSl'<l, am\ had lward that he bl'long1•d to th1• band of t;an ~Iignel, which band was OFFICIAL GAZETTE 541 t·ornpu,.:,•d of from :JOO to 400 arnwd nwn; that lhl' 11Ct'Us1•d \\"Ml a 1111•mlll'r of ;;aid ba11tl. l'atnno :-;anl'ht•z t<>sti!iC'(\ that hC' was a counl'ilman in llH• p1u-blo ol" l'asig, in llw l'l'orinC't' of Rizal, and knt•\\" Uu• ll<'<'rn;c•t\; tlml tlw ~H·ensPcl had h1•1•11 a polie1•11mn in saicl p1whlo; that the• :H·1·11,.:c•cl. with a hum! of lurnclit,.:, 1•11t1•rpd tlw Jlllt'hlo of Pasig on thc• night of t.lu• 24th of J)c'(•t•mlH'r, 1!10~; l]1;1t UH' i-:aid hand s1•q1w.;!pn•d him aud illt.n•at1·d l1im; thnt. thC' said \mil(\ wns aniwd with di>:1ttl~· \\'l'll]lOllS, and that h1• saw till' said dPfc•mlnnt witl1 llH· otlu•rs: that tlwn• W<'l"t' nnrny 11wmlH'r,.; nf said h:1111!, prohahly 40 11r11wcl nwn, at tlw tim1• lw wa" c•aptm·c·d and illtn•;1t1•1I: llml tlu• ch•fc•nclaut 011 snitl 01•('a,don l'arrit•tl a gnn :11111 a \'l'\'OIYl'r: that tlH' 11w111h1•rs of tlw ha11d won• uniforms: 11iat till' hand \1·as 11111l1•r tlw ('Ommantl of OIH' Fan,.;li110 <iui\11•rmo: tl1al th(• ohje•(•t of the• hantl wa,.; to rob propc•rty a111l g-uns: llmt the• af'e11,.;('(\ h11d h1•1•n a nwmbt•l' of tlll' polil't' of tlw p1wLlo of l'a,.;ig-; that Ill' hac\ tll's1•rtP1l from sHitl poliet•, takillJ! with him 1e•u l't'\·uln•r..; aml four g-1111;;. Fe•r11;1111lo ('arnml'ho it'sti!ie•tl that h<' wa>: 11111ni<'ipal iwcr1•tar~· of tlw p1whlo of l'nsig, auel hatl h1•1'11. at tiuws. a li<'Ult•m111t of polif'1•: that lu· kn1•\\' tlll' 1l1•frnda11t. am\ that tlw eh•fPndnnl had 111•1•11 a nwmlwr of tlw munieipal polif't• of till' p1whlo of 1':1:-1ig for two month,; aml thn•f' tlny:-1. (\a ting from tlw l>it tlay of l'.-i<•plPmlll'r, l!ltl2, nutil lh(• :ld tlay of :;-.'m·1•111lwr, of thf' >iauu• ye•ar: that al the• tiuw tlw d1•fNHia1~\ l11•<•;11rn• a mt•mlH'l" of tlll' ~aid polil'I' h1• took tlw oath of alle•giall<'t' to llw l'nih·d l-ltalt•:-1 c:on•rnuwnl: !hat till' ;H"('\lst•d 1l1•,.;1•rtt•d from thP ,.;aie\ po\il'4' on tlw :M e\a~· nf :\on•mlwr, 1!10:1, h1•lw1•t'n 12 an1I 2 o'l'lol'k nt uig-ht, takinge•i,!!l1t 1·1·\·qh·1•r;; uml four ,.;hotguns; tl1at tlLI' :H'<'llsC"e\ joiiwel tlw lmnd of (;pm•rnl San '.\lig-1wl. nnde•r tlw t'omma11e\ of .Julian :-;1rntos: tlm't IH· had ht't'n made a <·11ptain or major in >inid l1:1n1I_: thal tlw saiel hantl 1•11\e•rPd tlu• plll'hlo of 1':1:-1ig- on tlw 11igl1\ nf tlLI' 24th of D1•('1•ml)('J', \!l02, alta<'king llw ('em:-1t:1hnln1·y. kill1·1I t11·0 11wmhe·1·,.; of th1• l'o11stuh11lary. and l'ani1•e\ nwa,\' from tlu• inl1ahitants of tlw saitl Jllll'hlo l'Nlain ]lt'l'SOllal pro1wrt~·: tl1nl at. llw tinw said ham! 1•11tprc•cl the• p1whlo of l'a,.;ig it wa:-1 al'11w1I witl1 dPad]~· Wl'apons, nm\ that th1• ,.;ai(\ tll'f1•mla11t \\';ts ~l 11wmln•J' of saitl hand; that llu•rt• ll't'H' prohal.oly 200 arnwtl llll'll i11 ,;:1itl hand. F1•lipe• l:onlt'Z sta\l•d thal lw wn,.; tlw prl'si1lt>nt of lh<' ptwh\o of Pa,.;ig: that he• k1ww till' dt'fPnclaul: that till' 1h•fe•1ulaut hail h1•t•n a m1•mlu•r of the· poli(•e• of till' ,;aid muni<·ipality from tlw ]-.t of :->t>pt1•111lwl' until tinw tlmt 111• c\(•sc>rl1·el. on the• :!ti OJ' .1111 day of Xm·1,111lwr, 1!102; that al tlw tiuw tlw de•f1•111lant d1·.~C"l'l1•d 111• took \\'ith him fourt1•e•11 n·1·oh·t·rs aml four sholg-un:-1: 1hat the• 1h•frmlant. at tlw tinw II!' h1·enm1• a poli(•1•111an. took tlw oatl1 of a\]1•g-ia1w1• to the• l'nit1•el Stale•,; 1;0\'t'l'lllllt'lll; tlmt tlw cll'f1•11ela11l h1•t•amt' a uu•m!Jt•J' of San '.\lig"twl'..; bane\; that th<' d1•fc>11d:rnt wns a 11w111b1•r of ,.;aiel ham\ 011 llw night of tlw 24th of l>c•t•e·mill'I'. \\·lwn il nltal'ke•cl tlw p1whlo of J>n,.,ig-: that !Ill' sai1\ 1lt>f1•1ulunt a11tl tl11• ham! w1•n• aruwel. Hafae•I ('ranU' t1•,.;tiliPd ancl ,.;talt•d t.h:it lw \\·n..; a 11wmh1•r of \ht> ('011stahulary, am\ liYl'd in tlw l'i\y of '.\lanila: that he• km•\\" tlw dl'ft•ne\aut; that tlw dl'ft•mlanl 1mul1• a 1•011fe•ssion to hitn. ancl that ,.,aid ('onfe•s,.;ion wa,.; matlt• \'oluularily, a111I in tlw prl'""Ul'I' of \1·itrn•:-1s1•:-1; that uftl'r s;\i(l C'OJ1f(•,.;sio11 wu:-1 nuul1• it wa;< sig11e•1\ hy t11C• said cl1•fe•mlant; that tlw 1•oufe•,.;sion \\':Is in Uw following l1111g-uag1•: ··m:<'J.AllATJOX OF \"EX'lTRA ~l,\UL\XO. ":\l.\n<·n 21. rno:1. ··1 am :I nntin• of l'i1wd11, of tlw low11,.hip of l'a..;iµ, ~;, ,\'t'ar:-1 of aw·. ;11Hl loy ocTnpatio11 n -;to1wlin•;1k1·r. I \\a" n 11w111lwr of till' po]i(·o• oi t11e• tem11 11f l'a:-1ig" until tlw moull1 of :\on•mlu·1·, ]!102, 11-h<•11 I joi11c•d '1'1•11iPnlt• l'apa arnl hi~ ,;0]4!j4•rs. I joi1w1I !Ill' Xntion:dbt 1'1nty si;.,; mouth..; ago. Tia• 11n1n \rlio i111\ne·e•el 11w to join tlu• .\alionalisl l'nrl,v wa,.; .\l;triano San .luau. 111w of tlw 11wu1he·r,; of 0 llw ('OlllllliUt•t• in tlw barrio of Hosariu ill tl11• town-;hip or l'i1•d;11I. I was invitt•d Lor tlit• lllt'll to join th1•m l,,(•('ill\s1• tlwy accused me of ill'ing a 11wmhPr of tlw >il'Crl'l polict', and I \wing afrnid, we•nl with tlH'm. Tlw man who spokt• to mt• was l•'l'rnando '.\Iontalan. who \\·ns tlw ag1•nt of tlw 11wn iu tlw li(•lel. Ont• !\fonclay night in ~O· \'l'lllhe·1· of Ja,.;t ,\·1·:11' tlw)· <•111111• inio l'a,.;ig and whilt• I was 011 guard nt till' h:HrnC"k,.;, tl11•\' look 1111• awa\'. I \\'Pill with tlll'm am! took also all tlw arm,; wh.il'h tlwn• Wl'rt' 'in tlw Jm1Ta('k:-1-ni1w rt•\·ol\·er,.; mul four (•arhiiws. 'l'IH' one•s who Pal'l'i<'d 1111• awa\' we•1·1• Lit•Hl<'rnmt Papn. on1• '.\11•1110, and his hrolh1·1· l•'<•lix de• la ('1:11z, ('orm·lio d1• ];1 ( 'n1z, am\ .Juan l-11rnt11 Ana. Aftt•r I had h<'l'll in tlw mountains two w1•t>k,.; I wa,.; appoiut1•d a captuiu h)• Ut•rwrnl Nan '.\liguel, am\ lw put Ult' iu t•o111mm11l of fol'ty nwn 111·11w1l with guns. \\\• came tow•tlwr :1t n plae<· 1·all('(\ Pugat B1tLoy, thN1· !wing :mo uwn altogPlh1•1· und(•J' till' eomnm1ul of San '.\lig1wl, Fu11sti110 Cuil· l1•r11w, ·.\polonio Sam,.,on, ('iriiH·o ('011tn•ras, Yil'Plltl' d1•I '.\lnmlu, 'J'e•ui\•nh• l'apn, aml my,.;1•1f. for tlw Jllll'JIOSe of holding a 1111•1•ling for tilt' uppoinluwnt of otli1•1•r:-1 of th(• troops. 'l'lw ('onstuhulnry t•amc• th1·1·c· and \\'t' fo11gl1t with thl'm. lu this fight wt• killed a ('011slaln1lur,\' man 11nd <'aptm'(•d fi\'I', from whom \\'1• took tlH·ir arm" a111I tlwn n•l1•a!wd lhl'm. The~' killed thn•(• of our ,.;oldi(•r>i. "\'ExTURA (his x mark) '.\IARl.\'.';0. "HAFAF.I. ('RA~IF.. •. ,..,'<'<'Olld /,i1•1t/('IU//lf. ".\no:uo HA~IOH, ··,•frcrmrl /,i1•11l<'nr111f, Hiri.<:iou of /11for11wlio11." \'i<"tol'iano Ang1•lt•s was sworn as a wit1wss, auel lt•slifit•tl that h(• had kuowu tlu• 1l1•f1•rnlunt for n long linw; that 111' had ht't'll n <•ompanion of tlw dl'f1•1Hlanl usu nwmht•r of tlw polit•e• of t\11; p1wblo of l'a,.;ig; tlmt d1·ft>11c\:111t e\l•,.;t•rtl'd from said polil'(' about thP month of Xm·1·111l11•r or Dt•<·t•mhn; that a band of hnndils 1•11fr1·l'll tlw pm·hln of l'asig ou tlw niJ,!ht of tlll' 24!.h of D1•1•1•mlll'r, 1!102; lhat tl1C· saiel e\e•fe•udant wa,.; with tlH' saicl himd on that oC'C'asion, a111l :-11•q1wst1•J't•d him am\ his <'Olll]IHllion, U1·n·asio Luna; that thC' d1•f1•mla11l lmd lllllll)' 1•0111pauio11s 'who \\'t•rc• nrnw1I; t.h:1t the di'· fc>uelanl was a (·aptaiu of said h:md of bandits; I.hat lw mts aruwd with a n•\'olrl'I'; that. Faustino (iuil11•rmo was the• lw;\I] of ,.;:1id lmml; that lw n•1·ognize•d tl11• nl'enscd and ,.;pokt• to him 011 tlw uight of ,.;aicl atla<•k, afll'I' !ht• uc•1•11>wd hud >il'(jlll'"h•red him: that tlH" ohj1•<"1 uf said hau1l wa,.; to roh tilt' ('011,.;tahnlary of tlH'ir gun,; arnl ,.,uppli1•:-1; that ht• arnl his companion, afle•r hn\'ing he•(•n s1•1111 .. st .. rt'd 1.y tlH' ac<•11se•d, \\'(•rt• illtrt•atC"d; that nt llw tiuw llw accust•(\ 1le•sl'l'l1•tl from t111• said polic-1• 111' took away with liim (•le•n•n n•\'O]\'(•rs aml four gnn:-1: that 111• \\·as in t111• qunrlt•r,.; of tlw snid polie•1• 011 the• 11igl1l tlmt lilt' a<'<'l\se•d tl1•,.;p1tPcl; that tlw1·1• \\'l'l'e• 1uany mc•mhe•r,.; of tlw said hmul. llll !wing 1u·nwd with µ1111s a111l \'l'\'OJ\·1•rs. (it•l'\'a,.;io Luna ll'stilil'el that lw \l'H" tlwn a nwmbt•\' of thC' ('on· slah11lar,\' :11111 Imel h1•1•u a uwmlwr of tlw munil'ip:d poliel' of tlw p1whlo of l'a,.;ig: t11at lie• kiww tlll' d1>f1•111l:111t; that lll(' ch•ft•!Hlant l1:1tl al,.;o ])t't'll a me•111\)t'r nf the• snit! polie(•; tl1nl tl11• el1•f(•111lnnt el!'s(•rlt•d from ,;aid polic•e•, ('<HTying away with him, at tllt' sirnw li11w, 1·e·\·oh·1·rs a111t guus lwlonging to tlw >iaiel poliee•; that a hand of lmmlils 1•11t1•1vd llw \HIPh\o of l'asig, ~ll'nH'd with dt•:Hlly wt•ap· ons; tl1at tl1C· H<'t'll."\l'(I was 11 11wmh(•r of snicl barn\, ;111e\ on tlll' >inid night s1•t1n1•stt>rl'cl l1i111 awl \'iC'toriano Angeli's; that llll'l'P \\'(•1·1• many 111e•111lwr:-1 of ,.;aiel hund; that t.lw snid \mud t'arrit•tl arm:-1; that tlll' at•1•11,.;(•d wa,.; a <·aptain in said bane\ of hanclit,.;: tlmt. llw said hantl atl1•111pl1•d to roh tlw t'oustuhnlary of llll'ir :.:uns and suppli""; thul during llw Jig-ht bC't\\'t't>ll tlw saitl h;1111l anti llw ( '011 . ..;tahnl:ny of tlw p1whlo of .Mari1111in11, lw ('>'l'<IJWd; tlmt till' 'sai1I 1l1•ft•1Jclanl a11d ltis <•0111pnniu11s illtn•ah•el him, slriking: l1im with n J!llll. Tlw dl'f1•11tlaut oll'1·1·1•e\ no Jll'Oof in his own b(•hnlf. Till' ~H·(·us1·1I appt•ale•d from tht· dt•t·i,.;ion of tht• t'OUrl. 'J'lw (•\·id1•m•1• a4ltlm·1•1l in this ca>1l' ju.~titit·,,; tlw folto\\'illg" !'Oil· l'lusions: First. '!'ha( 1111• lh0 fl'11tb11l hae\ l.occn <I mcml.ocr of tlw muuicipal 542 O:FFICIAL GAZETTE policP of tlH' pn1'1.1\o of Pasig from on or about till' lst day of HepLl'mhC'r, 1!102, until tlw :M or 4th day of Xo\'t•mbPr, lll02. /-i('rond. Tlmt nt tlH' timf' thr d1•f1>111font hPrnnw n nwmbC'r of thr policl' lw took nn oath of all1•gia1w1• to tlH' l"nil('(l Htatc-s (jm·l'rn111N1L Thin!. Thnt tlw c\rfc•ndnnt dl'st•rtf'cl from snid poli('(• on 01· about tlw -Hh da~· of ~onmhl'r, )!102, taking with him c•h•n•n rl'~·olv<'rs and fonr shotgun,;. Fourth. That lw dt•lh•l'r<'d said ri>vok<'ni and shotguns to a bnnd of hnndits 111ul1•r Uw rommand of Hun )ligurl. Fifth. Tlmt hi' heramt' n mt•mlwr of thC' hnud of Han :\lig1wl. Hixlh. That said lmnd was organhwd for tlw purpos<' of rohhing !'a1·ahaos nnd otlH•r pc·1·sonal pro1){'rty. Hc•wnth. That ><aid lm111l 1•11t1•1·1•c\ tlu• p1whlo of Pnsig' on tht• night of t.ht• ~-Ith lla:• of D1•r1•mlwr, mo::!, Ul'llll'd wilh d1'1Hlly \n•upon;;, am\ dill tlH'n nnd thl•n• commit nirions rohlll'ri1•s in snid p1wblo. Eighth. Thnl said band Wt'llt oul npon tin• hig-hways and ronnwd on•r thP country, nrnwd with lh•n(ll,\· \n•npons. Xinth. That suhl hand 1litl, by forl't' nm! \·iolc•nl'I', commit various robbt•rit•;;, Tlwrefort', Jn· \·irtiw of th<'sr facts, nnd tlw pro\"isions of st•clion l of .\<'l Xo. ~18 of tlw l'nil1•tl Stnfrs Philippi1w ('ounnis,,ion, tlw jmlgnwnl of tlw Court of l•'irst h1stunc1• of lllt' l'rovin1•c• of Rizal is lwn•b,\' allirnwd. .\ml it is so onlt'l"t•tl. .-\n•llnno, ('. .J .• Torn•s, ('oop1•r, '.\lcDonongh, und '.\lapa. ,J,J., J1ulg111e11I olfii"med. [No. 1477. Aprll 22, 1904.J .ll:IRIA f,'O.\'Z..tU·.'Z, 71/ui11lif{ rwd rr.«prmtfr11/, rn. Nl.JIJ,'O.\' /l/,.IN, de{emfo11/ mul flClilio11cr. l'llOMISSOHl' Non:.-A note by whlcb the maker untlerlakei; lo pay a 5 pel"ifletl HUlll or money without tleslgnatlng the per~ou to whom sucil 11ayment is to be matle is payable to the bearer. APPEAL from a jmlgnwnt of tlw ('ourt of Fin;t lnslanrl' of Hizal. TllP farts an• stah'd iu tlH• opinion of tlw court. FERmx 11AnlAXO, for appt>llant. U11111s & l\.IXCAlll anti .JosE F. Ut.l\'EllOS, for ap1wll1•1>, .Jo11xso~ • . /.: On tlir 10th iln~· of .Jun!', HIO:l, tlll' plaintiff brought an a<'tion :ig,lin,,t tlw llt•f(•mlaut in the> Court of Firsl lnstirn<'<' of the pro\·inl'I' of Hizal, upon lilt' folimdng ('onlral'l: "\'all' por $:i00 [1 l'lU'llla clt•I cpw s\1'4l'riln•. (";1looean. iO tit• Octuhr<' dl' l!J02. "Suo:ox Bl.AS. ( RuhriC'ado.)" Jn tlw miugin of th<' ralr·. appl'ars tlw following: "Sim<'Oll Bia;;·\' ,Jason," "'.\lnlnhon-\'lo .. lino. *;JOO." On °tlw !Ith llay of .July. l!JO:l, tlw jucl:.:r of tl\C' Court of Fir.<;t lnstam•<• filt•d the follmdng sc>nl<'JWI': "In this e11s<', :So. Ill, tilt' plaintiff sl!(•s th(' ,ll'ft•mhrnt fol" :JOO pesos, tlw amonnt of a not<' sigtwd hy tll<' lattl'r, \\·ithout nwntion of t])(' prrson to whos(' Ol'li<•r this S\lll! was to hl' pai(l. Th(' dt•f(•mlnnt has ac·knowll·dg<'cl llw autlu·ntieity of this t!oeunwnt, hut alleg(•s that the> plaintiff has no right to 1h•111ancl from him the p<'rforma1wc of the obligation, lwt•:rnsl' tlw ph1intiff is not th<' p<'rson to whom tlw dol'm1wnl was <lrlivNt>cl; Umt this p<'r1<on, dt•epi\·t>d by anotlwr, 1lC'li\'N<•d to thC' latt<'l' tlw notC' whieh is now in the poss('ssion of tlw plnintiff. Tl1<' note in qul'stion is fl ilm·11111l'nt of cn•tlit to hl'arcr and is demnndahle hy lhr hC'nrl'f fl-0111 tlw p(•rson nmking- it. (Art. 1112 of thl' Ci\'il ('rnit'.) ll i-< a h•g-al pn•snmption that the plaintiff is in lawful posspssion of -<Hie\ nott• i11a,,m1wh as nothing- to tl1<' ('011tn1ry hns hC't>n pro1•pd \\"il h n•ganl lo \wr poss1•ssion. ('on~·wq1wntly tl1C' 1pirstion is limilPd to (\t•tcrmining tlw uatm·<· of th<• obligation ('\'i1ll'l\('t'd by lhc said note, nnd to dceiding hO\\' the holder thC'rcof can dC'mand of the makN the performancC' of tlw obligation. A note not drawn to ordN is <'quintl<'nt lo a prnmisp to par th<' sum of *ilOO mallt• hy thl' c!C'frndant to thr hohlrr of tlw dO<'llnl<'nL (Art. 5:12, last paragrnph, Cod<' of ('omnwrc<'.) The ohligat.ion in qu<'stion shoultl lw go\·t•nwd by tlw common lnw, b<'cause it do<'.<; not appt'ar that it is t•onnedC'tl with a<•ls of ('0111111C'l"('I', and HC"('onliug lo a1tidr IO!W of tlw Civil Cotll' lhl' plaintiff IJS hold<'!" i'l <'"ntitl('d lo dt•mancl of tlw d!'fendant the pC'rformam'<' of this obligation, whi{'h, as it c•onsisl;; in thr paynwnt of a sum of mon<'y. give.<; to tlw plaintiff lhr right to d1'111:md of the> df'f<'IHhmt tlu· paymt•nt, in i\(hlition to tlw $500. of l<'gal inb.'"l"<'st from the dale on whi('h the said dl'fl'mlant h1•1·;111w in dl'fnnlt h,\· failm·<' to pay tlw .'<nic\ "nm upon d1'111aml. i Art. J l08 C'h·il Codi'.) For th<' reason stall'd, I fiml in f;l\'OI" of thr plai11tiff, and it is hrrrhy adjndgetl am! d1'e1·p1•d: ''(I) Thal tlw dPfl'mlnnt pay to lhe> plaintiff the sum of $500, \h(' amount of thr notr su('(I upon. '"(i) 'l'hnt th<' (\e>fl'mlant pa~· {i per c·rnt intcrC'st on said sum from tlw 1llltl' on whiC'h tlrnmnd for pay111<'11t tlwrl'of \\·ns made, np lo t.ht> tlnte of pny11wnt tlwrl'of. "(:!) That tlw dt>f1•mlant pay th<' l'osls of this >;nit. "F~:1.1x :!\I. RoxAs, "./1ulrw of llw Viflh f)i,«trir-1." On llw 2:lll cln,\· of ,July tht• dl'fc•1ulant pn•s1•ull'd :1 motion for a m•w lrhll, whieh was dt>nit•tl on lhl' sanw d:iy by thr trial judge. 'l'lw casu coml's hl'I"<' on a bill of t•X<•ept.ions. Th<' bill of l'XC<'ptions <•ontnins all th<' proof nlhlue<'tl in tlw c•onrt h1•l1m-. Cpon an Pxamination of thi." prnof, 11'1' arc of tlw opinion that th<' jmlgllU'lll of llw t'ourt \J(•]o\\· shonM he> atlinm•tl, nm\ it is so onl<'red, with c•osts ln thl' 11p1ll'll11nt in hoth instam•l's. Arl'llann, ('. .J., Torrl's, '.\kDonongh. and i\lapn. ,J,J., concnr. ./11dr1111,•11/ fl/lirml'd. [No. 1385. April 22. 1904.] N.IF:IJ:/, /;'.\'R/Q('/;'Y, /;"/'AL. 71/uf11liff.~ r1111/ "l'Jll'lir'r.~. 1·.«. PN.-1.\'('/Sf'() /;'.\'/(/()f'HZ E'l' .-1 /,., tfrff'lulr111fs r111d "/!l'f'/lunl.~. Pr.E.\lll:-IG A:>:IJ PRA.CTICJ.:: FINIJINQS.-ll Is rC>versihle error for the trial court to mnke findings upou all the IK>'lll!K or fact presented by the pll'atllngs. APPEAL from a jndgmrnt of till' ('omt of First lnslan<'<' of '.\lnnila. This wns nn a{'lion hronght to set aside• a ('Olltl"al't of sale of rPal propP1ty. It m1s all<'g-t•ll in lht• romplaint that lht• th•frndant Franc•isco E11ricpwz acting mull'r a )l0\\'1•r of 11ttor11t',\' alll'gPcl to lit• a foq:.wrr, soM lhP JH'OJll'rty in qtwslion to 01w \'ictoriano H(•ycs, who in turn sold it to tlH• cl('fc•mlnnt's wife'. and that no l'Ollsi1ll'l"alicm was paitl for tht•st• snll's, to the• d;rnmµ-1• of tlw plain· tiffs n;; lu•irs of tht• ow1wr of tlu· propt•rty. Tlw all1•g1•d forg('ry of tlw powt•r of atlorrwr uml I.ht• all1•gl'(\ fraucl11l1•11t sall' took plarc• sOllJ(' 1·ight1•<•11 ,\"Pars ht'fon• lhP action wns ('Olllml'nc·l'(I. The dl'ft•mlanls dPniNI tlw al\1•gations of forgc•ry amt frnucl and ;dl1•gwl th:1t tlw fact of tlw sale· of tlll' propt•rty in cpwslion hatl hl'~'ll known lo tlw plnintifl"s for mor1• than four y1•ars prior to tlw institution of tht• action hacl h1•1•11 confirnwd h~· them. The• olht>r faets arc• stalt>d in tlw dt•c·ision of tlw C'ourt. A. D. C:mns and Au·1u:no ('11Inl1'l·:. for app"llauls. '.\loxT.\G:"'~: & Domxm.:Ez, for app1•llt•1•s. '.\lAPA, J.: Tlwr<' has hl'<'ll no motion for a nr1\" trinl in this <'llSC'. Consl'<pwnlly wt• c•au 11ot l'('\"it•\\" tlw r\·itlPnc·t• or 1"t>t1y nny issUC' of fo('t, lmt can :;imply tit•l'id1• the• <Jllt's\ions of law rnis<•cl hy thr hill of <'X<'C'ptions. (C'mll• of ('i\"il l'nw('d\ln'. arL 4!"17.) For this PHI" post• Wt' rnusl l"t'l,\· soh·ly upon fadS fnuml hy l]I(' trial ("Ollrt in t·onm•«lion with thos1• alll'gt•d in tlw pl1.,1tliug-s. OFFICIAL GAZETTE 543 On<> of the qurstiom; pr<';;rnll'd by the ('omphlint i;; th<> nullity of thl' po\n•r of attorney rxN•utl'd by Don _.\.ntonio Enriq1wz in fa\'or of l•'m1wiseo F.miqu<'z, i\Iar('h :i. 181tl. Thr plaintiffs allrge thnt this pmv<'r of nttorll<')' is fab<' ~rnd rxprc.,.;sly d<'nrnml tl1;1l it lw ;1mrnll<'tl npon th<' ground that it was not rrally exrc•uted hy Don Antonio Enricp1C'z, who at thr thlll' iu qu<'stion. nnd hefor(' :tml :if!N ii. was nwntally nnd ph,\·si(•ally itw:1pnlil1• of 1•x1•1•11ii11gthr ;;nit! powN of attonu•y. Th<' judg11wnt app<'<l11•1I dCH's not d<'rich• this ()lll'!l.tion. 1101· clol'.-. it c·ontnin nny finding of faet with rt•fN<'Jlt•r llwrrto whi1·h might s1•r\'t' n"' n;.; a lmsi,; fo1· the clt•c•ision of this 111u'sliun. I l is I nw that lhl' c•ourt appar1•nlly 1\i1l not t\('('lll it m•("('ssar~· lo lh0 l·i1IC' thi" c1nC'stio11 in \'iC'w of tlw fnd that h1· hud c\P1•larC'd thC' nnllit:r nf t ht> d1•1•cls of s~1 lt• of till' pmpl'rty whi1·h \\';ls th<' ohjl•C'l of lh1• litigation. But il is 11lso t\'111' thnt this d1•elaralio11 of nullit,\' is lm,.;l'd upon othl'r <·nn,.;p,.;, c\il1'1•1·1•nl from tlw nullitr of tll{' po\\'Pr whit'h authorizl'd Don Fnuwis('o Enriqul'z to srll tlw prnpert~· on lwhalf of Dou "\utonio Enri11nrz. l'pon the h~·polhl'sis that this c·om·t. might not agl'l'l' with th<' trinl <•cmrt n~ lo till' suffi('il'IH')' of thC' c·:rn,;rs upon whi1·h hP c\1•1·larl'd that sal<' to h<' Yoiol. the plain· tiffs wonld hC' pr<'jmli('C'c\ without fault Hltrihutahl<' to tlwm. hl'1·a11sC' Wf' c•ould not 1l<'c•i1IC' lhl' qurstion rai,;<>c\ as to the nullity of t111' powl'r of atlonwy, th<' c•om·t lun·iug faiil'd to makl' a fimling as to tl1l' fa('ts p1·0\'C'll upon this point. Hupposing thnt. thl' plnintiffs h:ul p1·0\'<'ll tlw fnbity of thC' powl'I' of nttoi·n<'y, am! 1•\"C'll thongh till' otlwr cau"l'" of nullit.'· nll<'gc·d in tl11• l·ompluint might not lw rl'g;ll'dC'd as su!Tit·i1•11t, this nlmw wouhl he l'tmngh 1o l'any with it th<' nullity of a sale n11ul1• hy virt111• of the pOW<'I' of attol'lw~· in q1wstion. This l)('ing so, it wouh\ he> l'\"identi~' unjust to d<'prh'r the plaintiffs of this gro11ml of thC'ir action, llw sn(·('pss Of wl1h·h might prrhaps dC'prml upon thC' dC'c•ision of this point. whi1·h in tnrn rrsts upon foe-ts as to whic·h th<'l'r is no finding in till' cll'('ision of tlw 1·011rt by whi('h WC' c>an determine wlietl\('\' tl\('~· Wl'l'I' or Wl'rl' not ]JJ"O\"l'll ul the trial. Thr 1l1•fC'111lants in tul'll allrgrd in tlwir an,.;w('I' thal lh<' salr of ,\·hidi thr nullity wa" in q1wstion. am\ whiC'h took pl:H·r Pightl'ell p•ars ago was a \1•gal 1·0ll\'<')'UIWI' known to thl' pintics in intr1'1'st, who <'xp1·1•ssl~· <'ollfil'llll'll it mon• than four )'C'•ll·:- ago. This allrgation 1·011tains a dPf1•11"" which if prn1·C'd might pl'rhnps he sulfil'iC'nt to offset ti\(' aetion brought h,\' the tomplnint. Xevrrtlw]Pss thf' judgment appC'al<'d <"ontains no finding of (a('t Mllc·rrning th<' allt>gl'tl knO\dPdg<' of the plaintiff . ., as to tlu• sale in cpwst.ion for mon• than four year>:>, 01· as to thC' eonfinnation of tlw said slll<' ilill'gt>d to ha\"<' been expresslr madr hy th(> plainlill's. This prP\'C'llls us from deciding lhis poiut of th1• question on a('1·ount of the in,;nllid<'m·y of tl1C' dala lil'fo1·<' us. It is Uw duty of th<' c•om·t to fil<' in writing his findings upon i,;s1ws of fa1·t raisC'd by tlw plC'adings. (Art. ll:l Cmlp of Cil"il l'rm•Nlure.) Th<' findings of tlw eourt l'onstitutl' th1• sol<' basis 11pon whid1 Wl' <·an dec·ide till' ca!;e wlwn, a . ., in this instant·<'. 11·1• an• unahlC' to l"<'l"iew the <'\'idC'm·e takPn at th1• ll'i;1\. \\"ithout. sud1 a finding by till' 1•0111·t it is impossihll' for us to ani\·e at any (•onc·lt1!;ion of law or to rrndt•r a 1\eC"ision of aflir11H1111·1· or !'C'1·ersal. For lhr reasons stated tlH' jutl;..'111C'nt below is dl'fi<"il'nt ;incl is not in harmony with thr i"sul'." at thl' tJ"ial. anti rnu!;t Uwn•fort> h<' sl't asidC'. Having reaC"hed this c•onl'lnsion. it is not 1w1·1•ss;11T for us lo d<'cide whetlwr ,JudgC' Odlin (•oultl 01· ('Onhl not lrgall;· J'c•rllil'r tlw jmlgmrnt 11ppl'alrd uml<'I' thr spc>c·ial <·ir1·111nstam·l's of its l'<'mlition. \\'hatever might. hi' tlw 1•01u-lusion l'C'ached upon thi!; point. the jl\(lgment eonld not bC' sn!;tai1wd for tlw r<'ason" :iho1·1· indil'atrd. The· judg11wnt hl'lo\\· is therefore set aside. and lhl' 1·asC' will bc> l'<'IUl'llt'd to thr trial C'o111·t for thl" r<'mlilion of a p1·op1·1· judgIH<'UI. l1y in('lmling thNPin thl' findings of fa<•t nm! eonc•lusions of 1:1\r omith•cl in tlw jndgml'nt h<'fol'<' us upon the points aho\'I' imli1·:1l1•c!. without a1·ejmliC'f' to t\w l'\'iclem·I' alrC':Hiy tnk1•11, whil•h ll'l' dc•l'Lll't> to Ill' \"<lii1I. and without prt>jmli<'t> to tlw :1d111ission of !;\11·h ncltlitionul <'\·id<'n('e as the partirs may dl'sire to presrnt. Xo eost,; \\·ill hC' allowC'd in this instanc·P. Arellnno. C. ,J.. 'l'mTl'S . .\l<•Donong-h. aud .Johnson, ,J.J .. C'ooper, .J., was absent. wlwn this 1lrl'ision wns ,;igned. .fml!JllH'lll set crnide. [No. tfi05. April 22, 190-1.] 'l'l!Jo: U.\"l'l'HD S'l'A'l'J~N, ro111pfaim111/ rtnd "J!lw/frr, r.<:. 1'.,l/,J.:Y'/'/.\' IJU'l'AR/JO H'I' ;\/,., rl<'fe11da11/n rwd appdfu11/.<;. *CRIMINAi. ! .. AW: Sl-:CUl·:T PoLITIC,\J, Soc1t:1'Y: UNl,,\Wt'U[, OATll.-The defendanls adminii<lered and were present at lhe administration of :m oath by whleh u number of perimns bound lhemselves Lo defend their native counlry, lo dislurb lhe publie penee, and lo commit a crlminul otTeui<e, and not lo reveal lo uuyone thi;; faet, which uu11ueslionably Is of a polilieal ehurucler, and for.a setlillou,; vurpose, llc>lll, lhnl lb<' defendants were guilty of the offense 1lellned aud punlshrd 111 section 12 or Acl No. 2!l2. Al'l'EAL from a j111lgnwnl of tlw Court of First lnsb111t·1' oJ' llOC'O!l :-.1ortl'. Tiu• fat-ls an• stall•cl in liH' opinion of tlw 1•ourt. AXTOXIO .·\UlAKTE and '.\IAIUAi\"O '.\IOXROY, for appellant>:>. :-iolil'itor-(j1•1wrnl ARAX~:'l'A, for ap1J('ll1•C'. 'J'OIUH:!-l, ./.: Tlw pro\'inc·ial JisC';d of lloro!; Korte fiJC'd nn infol'mation in tlw <"Ourt of ihat )ll'O\'iJu-c 1·hargi11g E111:1lio Diaz, \'ah•utin Bntanlo. :-il•rgio :-iandang. 81•J"gio Sa1wali. 8oll·ro Ahutan, l'au!ilo l'a<•lihari. and Eug1•11io Baganit. of thl' Ninw of forming a s1'1•rl'l polilit·:il sot'it•ly entitl<'cl "Kanayonau," in that ahout. thC' end of .JunP or the beginning of .July, mo:~. the cll'ft>nclants ll<'ld llJ('(>tiug-."\ ut the pla1·1•s call1•ll B11g11, 8ul1·lll'. and Barnnio, of tlw lown of l'aony. or that prm·inc•('. with ('('!'lain otllC'l' Jll'l'SOll>i, for the Plll"]lOS(' or ad111inist<'l'ing an oatl1 purporting lo bind 1hC' JlC'rsons taking t111• sa11w to def1'11d tht>ir nati,·e c•ounti·y 11gainst. the Uo\·ernmC'nl of tlw l'nited 81.utC's of Anwric~t in tlwsl' bh11ub. and to 1·<'f11,.;1• to rC'\'<'Hi 01· disl·o1·1·r tlw said unlawful <"omhination nud oath, (·ontrnr\' tu th<' pro\'isions of Al't 2!12. . TIH' infornrntion hadng he<'n fil<'~I. and tlw l';\!ie tril'1L th(• l'ourt. upon the 1•\·idl'm·1· !illhmilt1•d. a('quittl'd Eugc>nio Bng"1rnit. lmt sl'l\tf'm•c•c\ Eulalio Diaz anti \";dentin Butanlo eac•h W thl' ]ll'nalty of six )'<'•ll's' imprisonment at hard labor, and p11ym<'nt of a liiw of $5.000. goltl; 81'1-gio 8andang to th1·1·e y1·ars" i111priso1mwnt al hai·d ];1hor; Hergio 811m·ali, to olll' _\'l'a\''s imprisonuH•nt and the paynH·nt of a finr of $;)00. g-oM: 8otero Ahulan to mw year'~ imprisonnwut; and Danfilo Pa<"lihari to six months' imprisolllll<'lll. less t11·l'nty-one days during: whic·li he was hl'lll a . .; a dl't(•ntion priso11e1·; ancl to the payment l·ac•h one of 01w-st•\'l'llth of l11c> t·o;(,., From this dt><·ision Eulalio Diaz, \'alf'ntin Butardo, Hc•rgio San· dung, 8ergio 8anC"ali. and Sot(')·o .·\hutan ap1wal<'1L llw j11tlgnwnt hring. t.hel'(•forl'. a finalt~· \\·ith l"l'!;JIPl't to Eng<'nio lfaganit and l':rnlilo P:wlibal'i. \\·ith \\·hom \\"C' ;in• not 1•0JW<'l"llC'd, lhl'refon., in this d1•1'ision. From lhc l'\"iciC'nrl'. doc·nmt>ntary and om\, introclm·Pcl in the ll'ial uf this 1·nse, it. app1•ars tlrnt. d11ring tlw months of ,June and ,Jul~·· l!JO:l, the dC'fendants, V11ll'l1tin Butardo. Sergio 8nmlang, ('anuto Butartlo, Enhllio Diaz, irnd othr1·s, IH'lcl somC' 11w1·ting" in tht> fil'ld . ..; and fon•sts of t'l'rtain harrios of l'aoa~·- for tlH' purpose of forming :1 S<'C'l'l't politfral !;CJ('il•ty. c·allC'(\ the ··Ka1rnyo11a11." among the• inlu1\Jitant..; of tlw s11id barrio!;, 1·0111pelling by fon·r and thrc>ats sm•h persons ;is l'C'fu,.;l'd 01· c\1•<·li1w1I lo join t.!H' soc·iC't\'. to do so ;tgain!;t th('ir will; that the"c pC'rson~ \1·er~ 1mul<' lo kne~I. and tlwn hlindfohll'd, aft<'r whif.h tlH'y WC'l'C rcquirt>d to takl' an 011th W dC'feml tht> 1·011ntr~· lli tlw last. drop of hlood, nftl'r which indsions wl'n' maclC' in t\11•ir urms; that aftp1· this 1·rrPmony tlw :ll'l'\lsCd promis1•1I tlw assoc·ialRs that 1hry wo11ld s11hseq1wntly inform tlwm of the plll'JJO"t'>l and ohjt•l'L" of thr a",.;odation. and to •jJrallnol''~ hy i\lr . .Justil'e Torres. 544 OFFICIAL GAZETTE that t•ntl narnPtl a tlar for th1• n•o1tling of l'l'rlain do<·umenls, in th(• llH'<llllimr 1•om111:11uling lil<'m not to l'C'\'<'al to 1111yo1w what Juul takC'n pLH·t•. A\t.hongh som<> of the> willwssrs ll'slify thut Uw or:-r:mi:wr" of tlH' prnjrl'll'tl !<ot'i<'l,\' statt•d that its purpos<> wa,; t.o r!'fm·m 1•vil pradie(•s aml slarnp out \'it·t'. otlwr wit.m•si-;t>,.; lrslif:.· lhHI its purpn.>'t' w;\s dPfrnst• against the> Anwl'iC'ans. c\ small lmx \\':!>< takl'n from oiw H.o"t'IH\n Ec·hiniq11l' t·ontaining do(·m1wnt.>< no\\' in tlw n•t·onl. um\ whkh WNt' writ!Rn hy \'all'l1lin Bntanlo. The• fad. tl1at thr,;c• dm·nmrnt..; C'Xi>ift•tl hc•t·;1nw k110w11 lo .-\ugustin .\;..:-lmya11L a ><t'l"J.:C'Hlll of poliet>, h~- llw 1·nnfl',;sinn of thl' ,.;aicl \'111 .. ntin. from ,,·hom was takt•n \.hi' kl'y of th1• box. :nHI h,,. whil·h it w;is op('IH'd h,,. thl' (·om111a111lil1g ollie•(•r of tht• ('onstnhultn)· at l.ao<I!!. to whom it \ms d1•\in•n·1I aftl'r it was takPn rrom l•;e·hini•[lH'. ~tpon t.lu· infornrntion ginn hy Bulanlo. Tlw (\oenmt•nt · ('(11Jb1i1is an 1•xhortation to Filipinos to haw• ('0111·agt> in t.lwir cl<'ft•Jls(', to d1•te•r111i1w lo tl'iumph. :md not to foq~l't. (iod. It l'll(is ,,·ith !ll'l·la111:1tions for lhl' i'hilippi1w:<. for tht• clowntroe\tlPn. for th<' rl'n1h1tin11. nnd for imll'pentil'lll't'. :rnd 1l<•ma111l.s t.Jw tll•11th of trnitors. Thi' trnnslaliou of thl' elO<'llllll'nts shows that thl' purpo>11' of llw so1·il'ly is ",;01111'lhing whiC'h is n•1·y dillienlt lo attain with011t 1111ani111ou . .;; C'ffort to ell'iir i1way the• (ll'nsl' elo11d whi<·h ohsl·111·1•s th<' \'ision." Onl' who <'nt<>1·s llw soc·il't,,· 11wrt>ly for tht• purposl' of informing himsl'lf of il,; ohjPet or tlis<•O\'l'l'ing thP itlPnlity of iis lll<'Ulh('rs i,- to \w ('\II'('(\ wilh n >1l.rong 1ll<'tli(·i1w. appropriatl' for traitors. ThP soeiPt~· r<•(·o:..niiz<'."' no 1li-.li11dio11>1. and thl' ouly gr<'al m•lll is lw who trulr lo\·t·s his natin• (•ounlry aml dl'fl'mls it. shi1•hling t-h<" 1lowntrodcll'n am! opposing t11P oppn•ssor. Th<" fac·ls sluh•d l'Onst.it.ntP lhl' 1·rimt• <"hargNl in lh<" <·omplaint, c\1•1i1lt'1l nrnl punishl'd by artif'il' Ii of :\C't Xo. ::!!Ii. Tht• fiw cil•fl'mlnuts. \·ulPntin Bnlanlo. E11\alio Diaz, 8l·rgio Hamlnng. Rotl'!'o ..\hut.an. aml Rergio H<llH"ali wt•r(' Jlrl'l'il'nt at and l'Ollsl'nll'cl to the• n1lmini>1tPring of an on th or 1•11ga1.wnwnt hy whi('h a 1m111hl'r nf 1wrsons um\prstouk to tlist-nrb llH' puhlil• ]l<"Ht'P 01· <•nmmil som<" ('riminal off<"n>il', am\ 1·01111)('1\C"d tlw asso('i;1tPs. by lllf'Hns of l.hn•at><. to takP t.Ju• onth in <Jlwstion, e'(lmnmmling tilC'lll to ac·t mulN thl' elir<"dions of l.h<" uc<•usl'tl. anti not to l'f'n•nl to irn;vo1w t.lll'ir oath ancl nndl'rlnking. this oath ll('ing follo\Wll hy I.hi' t'!'l'l'lllon~· of irn·ision. um\ thpsp ;H-ls lrnvinA' hl'1•11 en111111i1tP1l iu sl'en•t nwPtiug:,; lH'hi in fip\t[s nnd nninhabil<"el ph1<•1•s. Thi' c·onl<"xt of t-hl' tloenmt'lll. writlPn h~· \·al<"ulin H11lar(lo. :'1111 takl'n from Oll<" this as,.;o('iat1•s, shows that tlH' swol'Jl 11111lt•riaking:rn\l'l'e1\ upon in lhl' lllf'f'iing in <JIU•stion tPndt•c\ In stir lip tlw c·c111ntry to oppost• a1ul o\·<"rlhrow the 1•on.;titut1•cl c;on•r111111·nt of ilH•,.;e• lslarnls. and ('fll\Sl'<IU('ntly it is urn1n('stionahh• that tin• oath am! aJ!n•e•uw11t \\·as of a politil•al t·lmnu·U•r nnd for a s1•1\itious that tlu• soci1·ty wus intPmiPd as a prC'parat.ion for till' l'il'l'l.ion of a, lo1·al 1n·psidl•nt. and thnl it.-; ohjt•(·l. was to stnmp oul l'\·il pr:H-li<·('s, 'l'hl'l'I' is no P\'i(lt•m·e l.u sho\\. it wn;; thf' MJs\om in \ll<" town to attain SHl'h an obj1·<·t hy uwans of thl' aelministi·ation of ;;1wh an oath or to perform thP c·pn•mony of i1wisiou umh·r a promisl' of st•(•rN·y. Huc-h proecedings ar<" thos(' of n·1·ol11tio11ist."'. :inel al'C' Jll'lll'lil·Pd h~· 1111•111lwrs of tlw l\:atip1111an So<·il'li1•s. 'fhl• fal'l. lhal thP iufornialion 1·liarg<•s llw a(·(·11sP1I 1\·ith t])(' o/Tens<" of org:rnizing a SN·1·<"t politi1·al su('iPty is not au oh~ta1·l<" to thC'il' c·Ol1\'il'lion of l.hP offl•llsl' c\pfiJwtl aml p1mi,;lu•el in urtic·l1• l~ of ,\('t ::!!Ji. Tlw f1wts constituting l.hi.<; nim<" an• stake! in Uw information, anc\ tlw c•1To1wo11;; 1·la1'sifi1·atio11 nf the off1•11.~1· was uot l'Xl'l'Jllt•d lo al. t.lw tl'iul or upon this ap1)('al. l'onsl'qut•11tly. 1•n•n it' this might \)('a (\<"fl'f'l arnilahle if duly ex1·1'ptl'd to, a . .; it. has 1101 J)]'<"judie·(•d :rny or l\w ('S1'l'lltial right."' of llw ac:cus1•1I, WI' must assunw thal Uwy h<ffl' wah·1•d Uwir right lo o\Jjert to it. with tlw 1·i(•w lo prompt d<'ll'rmination of thl' C'USI' for thf'ir own li<"1wlit. Thl'rl'fOJ'<'. for llw l'<"-llSons stall'el, we Ul'I' of llw opinion that t.lw jud1-,"l1wnt ap1w:tle·d must lw l'l'\'C'l'sl'el with l'C'>']J('<'t lo th<" apprllanls, and that. Eulalia Diaz, Va\1•ntin Butanlo. Nl•rgio 8andang. Rt•1-gio Ha1wali, :rnd Hol<"ro Almtan LH' C'Olld<"tll!Wtl to impris· 011ml'11t fol' the· term of onl' yC'ar and lo l.h<" paymt•nt of a fine of i.000 insular ]ll'sos, <":H·h Olli', aud in eas<' of insoln•ne.r to suffl'r subsidiary imprisonnwnt nt llw rnll' of onl' day for eaeh sum or two pl'sos :1ml 01w.half unpaid. Jll'Oddf'cl, ho11·prer, that the suh· sidiary imprisonment shall in 110 ('a"'l' l'Xl'l'C'I! a thin\ part of Uw duration of thl' prillC"ipal p<'nally. Tlw dl•ff'IHiants arl' also c·on· df'nuw1! to pay l•:wh onl' a >'l'n•nth part of t-hc• ('Usls of ltolh iu· statu-C"s. Th<" c•as<" will hl' n•turrn•d to tht• !-rial c·o11rt. \\·ith a 1·Ntilil'd <'O)J~' of this opinion and of tl11' jndg11wnt. to ii<" rn\l'l'('(I in iweordam·I' thPn•wilh for 1•x<•(·utio11. An·llano, C .• J., Mapa. l\lc-Donongh. and .Johson, .!./.. <·onenr. Coopt•r, .I., was ahsl'nt wl11'11 this dt>l'ision was ,..ig1wd. ./11dy111<'11f mu1li/i<'d. [No. April 22, 1904.] 'fill~ FYl'/'Y,J> N1':1'l'RF~. r·omplai11r111t mid a/JJWlln·. ,-..:, //l/dll'J() 7..1 /o'N.-1 R'I' ,j /,,, 1h>{<'l/(/u11fR fl/Hl (IJll/('lll/!1/S. •C1!1MINAi: LAW: Dn!GANUA(;J.;.-The ral't that lhc band of whkh tllP arcuscd were memberi; wai; organized for polilkal purposPi; ii; not a deren,;e to a charge or brigandage, wh<.>re thf' ('d<ll'ncr .. hows thal this bnnd. provided with firearms and other wcapDns, wand('l'<'•l about the (•ountry in till' Provinces of Rizal and Bulacan and r:igaged in robbery and other offcm;e8 against pl'n<ous ;md prop(•l'\y and in arml'd rcsistancf' to thC' uutliorities, and that !hP m"·used touk part In thl' ('Olllmission of sonw of these rrinws. )llll'J!US('. ..\Pl'E..\L from a jmlgmPlll of th<> ('onrt of First l11sta1w" ol Tlw witnC's,.; ,Jnan X:n·ano trstifil',; that ht• l'<"]Hil't<'d thl' fuet Bulacan. of thosr Jlll'l'ling:s nrnl of t.hP oaths whi<•h "'l'rl' lak1•n t.hrn•in to a nnudil'I' of inhahibrnls of t.IH' township of l'aoa,v. and that hf' µan• inforw,1tion e·o1wt•rni11g tlw 1·l'n•moll)' of inc·i,..ion lo E11lnlio Diaz. a 11H•111h1•r of thl' ltlHnic·ipal (·onnc·il. n•prrs<"nt-inµ tl11' dist.rid, of Pins. hut. that llw lalll'I'. inst<'1Hl of in t11r11 n•porting !hi' foe-ts lo iht• aut.horitirs. uwt 11·ith tlw Butanlo hrotlwr . .; aml ot.ht•r ]H'l'SO!ls in thP \mnio of lfarauio. Jill(! wa,; ]ll'('>'l'Jlt \\'ht'n s11e·h oall1s 11'<"1'<' ;1dminislt•rpeJ. nnd indm·1•1l othNs lo join thl' so1·iPt,,·. \·al1•11lin Hul-:11·110 was Olli' of 1111' pri1wipal Ol'J!alliZ<"r-. nf t1H•><(' nll'<'ling-s :1ml ad111ini><h•1·1•d th1• 0:1\h lo a n11111ht•r of 1wopl1'. npon wholll. abu. ir1<·isio11.s i11 Uu• arm \\'(•rt• 111111\1'. :nHI l'Xhorh·d llH'm 110\. lo 1·1•\'t•al th<" S('('l'l't. Nngio HamlallJ!. Hot.I'm :\hut:rn. am\ Hl'rgio Ran('ali W<"rt' <"111issari<•,; of YalC"utin, who l'mif'a\·on•1l to iwl111·1• ollwrs to join thl' ..;ol'iPt,\'. urn! \\.('\'l' 1n·<"sf'nt. togt'lhl'l' with \·akntin Bntardo. in \hi' hanio>1 of l'ias ancl SulMH· wlH'U tlw oath was a(lmi11i1'tl'n•c\ to :rnd tll(' 1·1·1·1·rnony of incision 1wrform1•1l npo11 SP\'t>l'al inhahitanls of tho,.;e hurrios. Tht' )!llilt of ti!(' fi\'<" :1p1wll;rnts has h<"1'n <']C'ilrl~' ('slahlisl1f'cl h.r the lestimoll)' of tll(' wilnessps. \\'<•can not hPlit•\'<• llw slatrull'nt.; 'l'lw fa('L'\ an• ,;t;1t('(I in llw opinion of tltt• <'nnrl. .ros~; 1>F.r. t'As'rn.r.o, for app<'llanls. Holi<'itor·<:e•nernl ARANETA, for :1p1)('lle•t•. TORRl::S, ,/.: October Ii, l!lO::I, t.Jw provin<"ial lisC'al of thP Prodnee of lliznl Jil<"d an information with llw ('onrt of First lnslanc1• of tl1at ]ll'O\'illl'<". :1<·1·usi11g llilario l':afrn, Basilio ('api><ll'ano. :1ml ('ados Han Dit•gn of l.he• (•l'iillt' of insm'l'C'('tion (llw orig-inal iufor111alioJ1. lill'd iu I.lie j11stic•1•'.s !'oUrl. l'hnrgt'" tlwm \\·itl1 hrig<lllllagt•) in i.hal tl11' ac·('11st•d, on or abont llll' y1•nr l!lO~. 11ulil llu•y Wt'l<' l'aptnn•tl c•arl,v in J!UJ;I, within t.lw j11risdi1-lion of llw to\rn· ship of ).h•r<·:11w,n111, williully :rnd illt•)!ally pi·omott•tl a11<l ahe•tll'd nn insUJT(•dio11 against llw (ion•r11mL•11l. of the Unitc·cl Slatl's in tlL<" l'liilippim• Island~. <•ontrary lo the statute in tlw C'a,;1• made• and prm·id(•d. Tl1is information was ampu1IPe\ 0f'lobn i:l. 190~. \J(•fol'e tl'ial, by t.h(• pnffim·ial /isc·al. who lil1•d anol111•r infornrnlio11 1lgni11~l •11e:itl11otes by Mr . .Jm;tice Torre~. OFFICIAL GAZETTE 545 11H· till"<'<' dl'f1•nda11t>< drnq!illg" tlwm with thl· l'l"illH' of hrigaml<1).!t' in that tlwy 011 or almnt aft1•r (:<ic) Liii' !::!th of :\on•mhN, \!10::!, and 1111\il tlu•,\' \n•r1• capt111·1·1I in Bulacan in ilw months of _,lay or .Ju1H', rno:I. Uu•,\', th<' lh·fcnclants. hac\ willfully aml \oluntadh· hl'Pll 11Ll'11Lb1•rs of a band of thil'n•s undt•r lhc command of \]11• ><u-1:allP1I (;r1wrnl San '.\ligucl. anti suhjc>c·l lo l11e i11111wdiat1· "nlPr:< of ('irhwo ('onir<•1·a:<, .Julian Santo". am! otlll'r,,. who \n•n• (•11;..:aµ:1·d in tht• rohhPry of JH'rsonal p1·opN·t:.· h,\' fore<' and violC'llCt', ancl wamlt•r('(l ;\bout till' roans armrd with dc•adl:.· \n•apo11>'. c·ontnuT to !ht• slatuh• in lhl' emw nmtl1• am\ pl"O\'id('c\. ThP ;1111C'11d1•cl information hal"ing been filt•d and tht• accnst•d nrrnig·1wd 1h1•rf'o11, llwy pkadc>d not guilt;-.·. l'pou the t•\·id('nct• i11tro,J1t(·l'd at tl1(' trial tht• c·o11rt t'Oll\"il°lt'(l thl'lll anc\ ,.;1•11t1•nel'd 1111•111 1•aeh Lo lwPuly·fonr .\·pars· imprisonnwnl, a1H\ lo t.hc paynwnl of llw ("O"ts. from whi(·h jmlg-11u•nt Lht• d<.'f('ndnnl.s app1•;1lt•d. From tlH· prncp1•1li11g,.; had iu t.lw coursC' of th<' trial it 11p1wal's lhnl. th(' witw•sst's Rit'ardo Aquino, Gcrva:-;io IHuwn<'Z, Enriqu<' Pasion, aud .forg-P 1-'an Pf'dro were acquainted wilh Hilal'io Zafra, arnl kiww him lo lw 01H• of the nu•ml)(•rs of tlw hand ll'nd b_,. F:111:<Li1ui <:uilh·nno. ,,·hi(']1 band was npl'1·ating- in the' l'rovim·c•,.; of Hu]a('an and Hiiml, in (•0111hinatinn with tht• harnls lt•ad h;-.• Ciriaco l'outrt"rns and .Julian l-'a11to,.;. Tht'S<' dilfl'l't'llt bands, t'ompns1•1\ in all of uhonl om• hundrl'cl men, \n•rt• ar11lt'cl with firl'anus and otlH'r weapon,;. :11H! rl'l"Og"llizt'<l tlw so-eal11•1l gt'lll'ntl. t'an :\li)!tll'I. i1:< tlw prindpal lPadt•l'. The olht•r wit.rn•s:<t'>'. :\lig-1wl J'a,.;1•ual. :\la1·c·l'lo :\la;.:Nilin. nm\ Liii' wilnP:<sc,.; alJo\·e nanu•tl. Enri11l\(' J'a,.;ion and .Jorg-1• Hau P(•(\ro. abo lt•stilil'd that till' <H·c·u,.;1•11 ]fa,.ilio ('api,.;lrano alHI Carlo,; :-ian Dit•go \\"('rt' mt>mlwrs of tht• l'onlr<'ras g-ang-. 11 b1111d eo111pos1•d of an111•d 11wn whh•h, lO)!c•thC'r with otlwr s111all1•r lmml,.;. umll'r tlw ('011111n1111f of l'an,.;lino Cluillc·rrno .. Julinn 1-'untos, 11nd Apolonio l-'a111,.;011, wa11d1·n·d ahoul l[](' cou11lr,\· in 1.hC' Provinc1•s of Rizal amt B11lac·a11, and tlmt tlH'>il' s111all1•r bam\:-; rt'cognizcd Luciano Sau :\lig1wl as tlll' chi1•f. l·'ro111 tlu• fads :-;t.atPcl it appt•ars tlmt Lht• t•\·idC'llCl' is sullicil'Ut In cti>ido,.;t• t.11(' c•xi,.;l1•ne(• of th(• erinw of brigandag"t', 111111 lo ,;how that tlH' ch·frmlants W<'l't• 1111•111\wrs of hands compost•d of 11111n• t11a11 tl1n•1• ar11w1I mt•n whic·lt 1•arly i11 l11e year \!JO:! \\';111d1•rl'cl about th1• l'rovim·t•,.. of B11la1·a11 am[ Hizal. l'ngaJ,!t'd in rohlH'ry and otlll'r t"riuu•,.; HJ,!Hin,.;t 1wr,.;011 aml propert~·, and in makinj.! n•sislant"I' to thC' authoritiC'.~. l-:\"C'll if it \\"l'l"P tnw that tilt' ,;nit\ lm111ls \\"t'i'<' organiu·tl with ;i polili!•al charncl1•r, antl that lht>ir purpost', a,; l1•:-;tifil'd lo hy ,..,.,·1•ral wil1H'>i>i1•.s, wa,.; lo dl'frlHI tlwir t'O\llllry, nn1I that tlw at•ctt,.;c•d ('api,.;trano aml San llit•g-o Wf'l"l' ca11tnrcd liy th<.'st• bamlsalthm1gl1 this all!')!('([ t'aplun• has not lit•t•n JlHfft•n-the fact. 11t•n•rtlwl1•:<,.; n•nmin~ tlml tlw ac1·ui<('(l. uuch•r arms, took pnrt iH tlH' ads of n11uhlii:<111 1·01111nilt1•d hy tlw \·arious pal'tks of 1 lw lllllll('rons hanc\,.; 11111lt•r tlw g-(•Jwral co11u11a11d of Luciano 8an :\li;.rtwl and hi:< ,.;11hordim1fr:<. Uuillc•rr110. I 'onln•ni,.;, S1m1son. ancl Santo,,, Tl1<' 1•\'id1'1l('t' sll(l\\'>i tlml llw:<I' ill'('\lsl'd cn111mittC'd iL rnhht'l",\. n1w night in ,.;lol"t'>' uf four l 'l1iiw1111•11 iu :\h·ycanayan; 111111 Uw.\· lll',..;111]!c-d aml l'ohllf'1l tlw oflit:t' of llw 11r1•sid1•11t of :\~11·0\;1s. fro111 whic·l1 tlwy look !f:J!J;) in t"ash 111111 some arms; that !ht',\" allat"kt•1! the ('011,.;lalmlary hal"rnl°k" in llw town of ·'-'H11ta :\]aria. ancl took tlwrc•fro111 g-1111,.., (·lothing-, aud ril"t'; that tlwy killt•c\ two ('011stahula1·y solcli('l"l' in thl' town of Pa,.;ig-, 111Hl rohh~·1I s1•\"t•ral of thC' iuhahitanl:-;; tl1at tl11·~· stoic· thrl't' curabaos lwlo11;.d11g to nn inhabitant of 1-'an :\lig-ul'l, ~nHI fnrlh(')'morc thut tlwy an• g11ilty of urn1etl n•,.;i,.;1.aueC' lo allll allnd(s upon the ag1·11I,.; of thl' authorilit>s. Tl11's1• facts nppt•ar h'orn the il'stimony of tlw \\·itnC':<st's mrnwcl. ('011sC'c1u1•11tly t lu•n• can lH' no tlouht that tlw lhn•(' d1•fl'nclauts an• g-uilty of tlw off••n>:i<' defined and p1111i,.;lwcl b,,. sf'dion I of .\c-l :\o .. )JH, l'l\at:tc•(l ~o\·ember 12, 1!)02. For tlH' rc•aso11s slal<'rl ii is our opinion that the judgment appPal1·cl must hC' affinned, with onl'-lhird of lht' costs of both i11sta1wc•s lo th<' dl'fC'ndants. Tllf' ca,;(' will bl' rl'mandl'd to t.hc trial t·ourl with a <"l'l"lilic•d t·opy of Liii:-; opiuion and of the judgment. to be entered in accordance therewith for ils execution. .\rc•llnno, l'. ,J., :\lapa, :\ldlonough, aml .John:-;on, .J.J., concur. ('oop1•r, .J., was absl·nt \\·h1•11 this 1lccision was signed. 0 lmly11101l r1//ir111cd. [No. l80ti. A11ri\ 22, 100·1.J HBN\'IL/,tXO L<JSZUBD1t H,IN'l'UH, pclifio11cr, r.~ . . /l.IH;t~ ./()ff_\' C. SlVBHNBl', ·rcspoudcnl. l. ~MAlllllAGE All:ll DIVOllCE.-A complalnt for dil'orce prc:<UIJl)()l<CI< lhc cxi:<trncc of a marriage between lhc parties litigant. llUSDANIJ ANl> W1n;; S1•pro11T.-The marriage relation lm1iose,.; u1mn the :<110UsC':< the 11111ttml obligation of support. 3. l\IA!llt!Ala: AN/I n1vonc1·;: Al,IMONY.-During the pentlency o( the suit for dil"orce, upon a complulnt filed and admilled, it ii; the duty of the court lo grant alimo11y to lhe wire and make provisions for the sup1mrt of the children not in the posse:<:<ion o[ the father. OHJ<:IXAL .H'l'LH'ATIOX for a writ. of prn111bitio11. Tlll' faet:-; an• slal('d in lill' opiuion of th<' cuurl. .Josi-: 1-'ANTTAIJO, for p1·lilio1wr. U. E. l'A~IPBELL, for respondent. To11\IEH, ./.: .\llonwy HPniliano Lanzudn Hanto,.; ha:-; pl'C's1•nlccl a pt'tition iu \\·hieh hC' prnys that a wl'il of prohibition issUC', and that this court d<•t•lan· that till' Ifon .. John I'. :S.\n•c•m•y, judg-1• uf lill' Court of Fir:<L ln:<taucC'. ex(•ct>dcc\ his jurisdiction by altt'lnpting to t•o111p1·l him lo pay Graciana ~C'lllC'des nlimony in t.hc sum of 100 pc,.;o,.;. and lo pa~· t.hc smu of 50 pl'sos fol' the support of each onl' of lll'r two ehildren. whieh .-;uins arc lo be paid monthly in adnrnec within t]l(' first fi\·c d11ys of C'lll'h month, and further to pay thl' sum of $:!00 lo the attorney for the plaintiff ;1,,; pnl't payment of his fees. c\ttol'll(',\' n. K Campbell appeared for the l"<'Spondt>nt. and Oil tlw I.Ith inst.ant JilC'd an ans\\'l'I' in which he states that the lll'tition of the woman in question j,; based upon one of the g-rournl>:i whiC"h authorize the 11llowancc of alimony 11r~m/r'11lc /i/1•: that all the 111011C'y paid t.o the woman has bet•n eal'ned by h<'1·; that llw 11101wy lo ht• paitl for the support of her d1111ghtcrs is to kt't•p ali\"e lht' fll'sh and blood of lhc pelitionN himself. and t.ho1t. wilh l"t'>ipt•<·l lo llll' payn]('nt of attorney':-; fee,;, tl1c purpose is ltJ t•1mhlt• lhl' wifo and l'hildrl'n to obtain lhcir l'ighls, and that 111• mn!idt'>' in Liu· grt'al wisdom and mature judgment. of this court in tlw dl'tl'rminat.ion of the ease. Thl' <-Onrt below orderC'd t.hc pclitio1wr t.o puy alimony during llw pl'nd<•ne;-.· of a di\'orcc suit on trial in lhc court. This fact pn•,..upposC':-; that the' pal'ties arc married. c\rticlc• li8 of the Ci\'il ('ode prodtlt•s that aflC'r 11 eomplaint. for din1n·1· has bt't'll fill'(\ and admitted, certain ac-lion i,.; to be takt•n h;-.· the t·onrt. including the aIIO\nrnt·e of alimony, for the woman and s1wh of llw chiltlrPn a,; arc nol in the posscs:-;ion of the father. l "pon this pro,·ision of lhe law the judge directed the paynwnt of alimony for the support of the children and their mother, antl al~o the payuwnt of suit monl';'>', chargeable t.o the t-onjugal parlm•r,.;hip. ( '011,.;1•(111c•ntly tlw n·lit•f prn_yc·d for can not Ill' granh•1I. Tlw ]ll'lition i:-; dbmisst•d and the writ of prohibition dl'nit•d, with thC' <"Osls 11gHin,.;t t.lu· pPlilionC'r. .\rcllano, (', ,J., )fapa, l\ll'Donongh, and ,John:son, JJ., concur. l'clilio11 clc11icd. [No. 1810. April 22, HllM.] 1-;r:LOGIO U.lRCIA, pcfitio11<'f, 1·s. //fHN. B. N . . l.]IBL/;'/l .!YD ./OHS(', SIFJ:,'8Sl-:r, l'(W/)OIUlc11ts. 1. Pu:Al>ING ANH P!lA<:l'ICE; BU.[, o~· ~xc~;J'TIOXS; TIM~: i·on l•'H.INU.An exception having been taken in due time to a judgment rendered in a ci\'il ca:<c, and the bill of exceptions having been Hied within the period of ten days ftxed by the law, there ls no legal reason upon which It can be held that \he bill was not perfected in time, or that the right to have the ca:<e rel"iewed by the appellate court has lapsed. •Headuoles by Ml'. Justice Torres. 546 OFFICIAL GAZETTE It>.; Jn.: ]~FFl·:('T OP FILING.-The fllini;: of a bill of cxcepUons In ('ourt, duly C('rtilied by the clerk, p1·0Uuccs legal ellecti; with respect to the l'xercise of the right corrcsponcling to the appellant to avail himself of his rii;ht of appeal, independent of any p('rsonnl effort on the tmrt of the appellant to require tile judge to examine and cl'rllfy the bill of Cl'c{'ptions so filed. :l. Ill.; Ill.: Ton: ~·011 Pm-:s~:NTll'"(;: p~;NDENCl' OF MOTION FOlt N~:w TUL\1..-Wlwn an exception b< take11 to a Judgment, and at the same lime " motion I>- made for a new trial, upon the groundi; prescrib<'cl hy the pro(·pdural law, if the bill of exceptions Is not presl'nt('d by the cx<·r11t;rnt within the ten days following by ren~on of the failure of the judgf' to dispose of the 111otion for a IH'W trial until long after It~ submission, this delay docs not cause lite right to an ;1ppcal lo la1ise, pro\"idcd that the bill is ftled within the ten days following the date of the adverse rnllng o( the court upon the motion for a new trial. l. COl"l\TS: ()m;AN[1.,\TlON: ])ISTRIBl'TION Ot' CASl·:s.-All cases, civil and eriminal. triable before the jucls;cs of the city of Manlla. arc 1·onsidcred, under the organic act. as pending in a single court, the only onf' 1·realecl by the law, and nre ln charge of a stngle clerk, appointrd to perform his dutie>< with i;everal assistants. anrl therefore the distribution of i:asci; among the four Judgei; i;itting In the ,.aicl court cloc" not invo]\"C nmlteri; of Jurisdiction, but is a mere <listribulion by rule for the purpose of equalir.ing the work so far as 110ssib]{', r •. Pt.l·:All!N(; A:<rll Pn,\CTU'li; Dll.L Ot' l~Xl"El'TIONS; DY \VllO).l Al.l.01\'IW. It is an <'xprcss provision of the procedural law that the Judge who hC':1rcl ancl c\N·ic!C'd a casC' is the one upon whom dc\"ol\"es the duty ur l'Xamining and certifying the bill of exceptions prescuted ln clue tinlC'. In no ca>·e ('an it occur that to the prejudice of the parties and to the gra\'e detriment of the administration of justice there bl' no judgr to examine ancl certify a blll of cx•·cptlons, bcca111<e the jmlgc who take1< th<' pla(·e of the dead, absent, or dii;qua\ified Judp;e is the one who1<e duty it is to examine, certify, and allow the bill uf exceptions, H. 11>.; HinuT m· Al'l'l·:A1 .. -lt is the i;eneral and constant practice of eourts to gi\·l' ew•ry opportunity to the p;irtles to have exceptions omd a11pe;1ls from rel"iewablc ru!lngs aud decision~ taken before the supPrior court, unlc~s such a{'tion 11< manifestly contrary to the law, b{'aring in mind the pro\'i1<ions of article 2 or the Code of Ci\'il Procedure. C1.i-:1u~ o~· Co1•1iT Ot' i'IL\Nil.A; DUTll·:s.-The clerk, his nsslst11nts, and <il'Jnllies, ill discharge or their duties. are under the orders, directions, and super\'ision of each one of the judges of the court, and C'slJccially with rC'spect to each case, civil or criminal, in charge of th<' d<'rk ur his assistants, and which has b!!en distributed to some particular jUl\ge. ()l{IC;IX.\L PETl'l'lO~ for a writ of uu11ulan111s. Tlw fads an· stalt•tl in llw opinion of th1• (•ourt. l'lll("OTI·:, :'11111.\:\ll.\ & ~n;1111,\, for 1wtitiu1wr. l.IO;\EL D. IIAUGIS, for n·sponcll•nt. Tmrnt;s, ./.: In tlw c•i\"il adiou hro11g-ht hy .J. \\". :'llarkc>r against Eu\ogio r::irl"ia, fnr tlw n•c·o\·t·ry of damage's, j111lgnwnt was rrrnlE'rC'd on thl"' bl of '.\lay, l!JO:~. h;-.· .Judge' B. ~- AmhlC'r. lh<'ll pl'(•siiling owr l'arl Ill. ('0Hdl'm11ing tlw c\dendanl Unn·ia to pay lo the plaint.ill' lhC' sum of $a,Gi;\. 011 lhC' 7th of the "anw month of ~Ia;-.·. thC' plaint.ill' prC'sented au 1•xrl'plion against. tlw sai<l jnclgnwnl. asking that ii. he set asid .. ancl !hut a Ui'\\' trial Ill' :.:rnnll''l. This )JPl.it.ion was tlcniPcl h,\· an onlt•r c\alc>1I thC' 271.h of .fmw fnll01dng-. On tlH' ad of .July of lhr !<a11w ,\·Par, l!JOa. llw ,\l'frmlant presf'ntC'd lo tlw dC'rk of tlw eo11rt his hill of C'Xc·epl.ions. arnl ll><kl'd that thl'l'(' hC' lmU\c> ancl atbwh .. cl to the> hill of ('\'.('C']Jtions a ('Op,\' of tlw documenlar;-.· P1;i1l1•1w1• pr<>s1•nted at the trial h,\' both partiC's . . Jncl_!!C' Amhlf'r was ahsC'nt from tlwse f!<lamb at tlw time :rnd tlw· cl(•fp11(\a11t.-pctitionN \\·as nuahll' to obtain the appro\'al of his hill of C'XCeptions hy tlw jmlge who l.1•mporarily took ,Jnclge .\mhh•r's place. l"pon the return of the latter to this eily and his rl"'sumption of the dutil's of his ofliee. the Jll'litioner, also, was 11n:1hh· to ohtain his approntl of the hill of C'Xceptions for I.he all<"gC'cl rl"ason that thC' matfrr was thc>n pending in Part Ill and that .Jwlg-e Ambl1•r could not intcn'l'ne in it without an order from .Tnclg<' 1'WC'C'ney dirC'ctiug that t\11' case l>e transfnrC'cl to Part I. over which Judge Ambler was thc>n presiding. Judge 8\l"t"'t'lle,\', however, <'onsi1lPrc>d the onl<'r of 1ransfcr required b~· ,Jnclge Amhlc>r unncePsst11·;-.· and impl'OJlC'l'. He nmintained that. ,JmlgC' Ambler wa,; the onl,v one <·ompcteul to nppro\·e the bill of ex('cptions, the ensc having been tril'd before him, and that an order of transfer to Purt I was, therefore, not n'11uired. Jnd,_,l"(! .·\mbl('I". howcn·r, contimH',\ to refuse to ap1n·o\·e and certif~· the bill, a.-; did ,Jmlge 8wecll<'.\', presiding as above stah>d O\"er Part Ill, refuse to giYe nn ordt'r for the trnnsft'r of the umtt1•r to Part I. With these untecccl!'nts the connsC'I for the c\efC'ndant·petitioncr, hy a p<"tition prC'sentcd on the l!lth of February last, asked this court for n writ of pC'remptor,r mirndanms directing ,Jrnlgc 8weenC'y to issue! an order for the transfer of tlw records of the saitl case to Part I, in case this court should consider such an order to he> m~cC'ssnr~·, for the approval hy ,Jmlg<" Ambler of the bill of t•xct•ptions. It was also nskecl that a writ of peremptory nmnda· mus issue against. .Jnclge B. 8. .·\mh\('I' requiring him, in accorclnnc·p with the proccc\urc lai,\ down in article 4!Jfl of the Code of Civil Procedurt•, ln sign and c•('l'tif.\' lhc bill of c>Xccptions ae1•0111panying the petition in thC' form :.C't forth lhNein, or with such mmlilications as this l'OUrt might 1ke111 rC'cp1isite; I.hat thC' (\t•frmlants be eondt•mned to the \Hl)'uwnt of the coi;ts and I.hat sneh further rC'lic>f hi' grnnted as might he proper and just. .-\ eopy of this petition hn,·ing heC'n filed on the respondents, thC' lattC'r hy separate answers filt•d on the 21st. of l\lal'ch last, nskecl lhnt the pl'titionN's prn;-.•C'r be dismiio;se~I, for thC' reasons <'XJH'l'SSC'cl. Among olhC'I' things it was allC'ged tlmt neither the petitionl'r nor an;-.· otlwr p('l'son on his ))('half !Hui C'Xhibitl'd to the judge of Jo"irst Instance pre:.icling onr Part Ill or to any judge of any part prior to .January 2i. 1904, the hill of exceptions presented to tlw elerk of the Court of First Instance on the 3d Of .July, }!)Q;J, While the rel'Ord W:tS in the latter's CUsl.ociy. Judge ~wcenC'y's onlt•r of the 25th of ,Jan11111·y was set forth in his answer. This onl<"r stated that the bill of exeeptions should be prcsenled to the jmlge, it,; delivel',\' to I.he <'l('l'k of the court not \wing a sunicfr•nt 1•omplia1wC' with th1· provisions of :-;t'ction 143. It was also stater! that ns two entire tC'nus had pasi;cd without any appC'al having IJecn pc>rfcclC'd, th<> 1lch·rnlant had lost his right thc>rc>l.o a!lfl that. I.he plaintiff was entitled to ask for the <'Xeeution of I.hi' jlHlgnwnt. It was furthermorl' statl'd that .Judge Ambler's l'C'fusal to take eoi..rilizance of the pc>lilioncr's molion hacl heE'n based upon the fal'l that the matter was then pcrnling in Part III and not in Part I of the court. The E'XCl'ption against the jmlgmC'nt 1·1·nd('l'c<l in the action was duly <'JlterC'd within till' lt•rm in whil'h the judgment was rendered. ThC' bill of c>xceptions, also, was presC'nted hl'forl' the termination of the pniod fix1•d for its prcsC'ntation by article 143 of thl' Cocle of Civil ProcPdurc. This bill of excC'ptions was delivt•red to the clerk by the pctitimwr and rc('(•i\•ed hy the former within the lime prescribNt hy lllw. Furthcnnorc>, the efforts of the pditioncr to ha\•e the bill of e:<cC'ptions l'Xaminecl and certified by the .iudge wl"re fr('{)Uf'nt and pC'rsistc>nt. ConsequC'ntly thcre is no legal ground for the contention that the appt'al was not p1"Csentl'd within the legal period and that the petitioner has lost his right to have the judgment n•viewed. It is the dul~· of the clerk or the conrt to rl"cC'i\"c bills of exeC'ptions and to note thcl'eon the dntC' of their prC'sentation, the person presc>nling thC' same', and all papers and doC'uments eonnC'cted with the pending snit; thl'n, that it may fully npp<>ar when SUC'h papc>1·s and cloc>unwnts were filed and who prC'sc>nted thC'm, for all lc>gal 11111·posc>s such bills ,of except.ions, pnpNs, an<l other documents rccei\'C'd by the clerk may be considered presented to the conrt. It is the duty of the clerk to report to the jmlgC' having C'Ognizancc of a suit, or to the jndge who may replace him and undC'r whose orders the clerk disclmrges his functions. the l'et•<'ipt of nil papers so filed, immediately upon thc>ir prl'sC'ntntion or within n reasonable pel'iod. (Art. 384. Code of Civil Procedure.) OFFICIAL GAZETTE 547 The filing mark upon a pleading, document, or bill of exceptions produces by operation of lnw positive legal effect with respect to the right!'! of the pnrties, and the availability of the remedial pro<'E'!'IS allowed by the law. A negligent clerk who, after receiving a bill of exceptions or pleadings which should be presented within a fixed period, fails-to perform his duty, is unquestionably liable for the damage which his conduct may cause a litigant. Just as there is only one court in this city presided over by several judges, so there is only one clerk with one assistant and several deputies. (Arts. 49 and 60 of Act No. 136, and subse· quent acts increasing the number of judges.) Consequently, cases pending before the judges of the city of )fanila are cases pending in the sa'me court and in charge of the same clerk. The distribution of eases in the eourt among the various judges is a matter eontrolled solely by rule, and does not involve any question of jurisdiction. Any one of the judges of the eity is competent to try n case assigned to another, wheneYer it may be eonYenient for him to do so. ..\ml the clerk, with his assistant and deputies, is subject to the orders and directions of eaeh one of the judges in the discharge of his duties, and espe· cially subject to their dirPction with respect to each case which may be alloted to any partirular judge. The primordial rule established by the procedural law is that the judge who has heard and deeided a case is the one upon whom devolws the duty of allowing and signing the bill of exceptions. In co1se of the death or absence of this judge this court has already rendered a decision establishing rnles under whiC'h a case ('an never arise in which there shall be no judge eompetent to sign the bill of exC'eptions, or bill of exceptions remain unsigned to the prejudice of the parties and to the drtriment of the ad· ministration of justice. If a eourt is always prO\·ided with a judge and a dead or absent judge is immecliatelr substituted by another, appointed in his place so that the administration of justice be not dela~·ed or suspended, it follows that there will always be a judge available to allow and sign a hill of exeeptions by which the parties may avail themsel\'es of the right to appeal against the judgment. This being so, Judge ~.\mbler should have dire<'ted the clerk to call his attention to the bill of exceptions filed with the latter, together with the record and other anteeedents of the litigation, and no previous order from Judge Sweeney was necessary. The fact thnt the ease of Marker vs. Gareia was tried in Part III, in which the judge now sitting in Part I formerly presided, is no obstacle to the nllmvanee of the bill of exeeptions by Judge Ambler, inasmueh as Judge Sweeney makes no opposition to his <loing so, and furthermore becausP, as the case is pending in the single court of )fonila, the clistribution of eases is not jurisclic· tional, and Judge Ambler, haYing tried and dec-ided the ease, it devolved upon him in the first phlre to rertify the hill of 1•xcrptions. The bill ha,·ing bren filed within the period prescribed by law, tlie provisions of article 143 of tlw Code of Civil Proeedure must be complied with. It is not permissaLle to refuse to permit a party to a\·ail himsplf of his remedy by bill of execptions upon grounds not reeogni?.ed in the procedural law. The gencr;li tf'ndenc·y of courts in matters of proeedure is ordinarily to allow all nppeals from their judgments, for if the c·om·iction exists that a decision is in hnrmony with the pleadings, the provisions of law, and the prineiples of justiee, it is a matter of indifference that sueh decisions be reviewl'd upon the questions at issuP. With 1·espt>ct to the application of the provisions of the Code of Civil Procedure to cases snbmitt('(I to the courts for their 1leeision, the provisions of article 2 should always be borne in mill(!, wliieh in effect provides that in the intrrpretation of the Cod<' tlHi controllinl! prinriplf' is to he the spirit and purpose of 1914.5--4 the law, olS determined by reason and good ,;ense, rather than the strict letter. For the reasons stated, it is om· opinion that a writ of man· damu~ must issue, in accordance with the prnvisions of article 499 and others of the Code of Civil Procedure, addressed to Judge Ambler, and directing him to allow and certify in due fot'm the hill of exceptions pr<"sented by the petitioner. The parties will be notified of this deeision. ~o easts will be allowed. Arellano, C .. J., ::\lapa, and ::\lcDonough, JJ., concur. JonNSON, J., dissenting: Upon the facts allt>ged in the eomplaint and answer liled in this case, I dissent from the conclusions of the court expressed in this decision. ·writ granted. Contents. Public laws: , No. 1173, extending the time for the payment of the land tax in the Province of lloilo. No, 1174, extending the time for the payment of the land tax in the Pro\·lnce of Mlsamls. No. 1175, authorblng the establishment of a circulating library in the Pro,•ince of Albay and creating a board for tbe control thereof. No. 1176, appropriating P6,592 for certain public works, permanent improvements, and other purposes. ~~: l l ~1', 8er;1ie°n~1°ng sf~;10t~m6e 0fo:hrh~1~~~!ie'i°i1tq~~r t~~cj~~~s fa~t. In Act as amended by m provincial funds of the salaries of persons not al service of tbe Government appointed by the Civil Governor to fill vacancies in the ofllce of provlnch1l governor. No. 1180, extending the time for the payment of the land tax in tb~ municipalities of Alamlnos, Bani, Botlnao, Anda, Agno, San Isidro, and Infanta, Province of Pangaslnan. :-.'o. 1181, extending the time for the payment of the land tax In the Provinces of Jlocos Sur and Zambales. Xo. 1182, pro\•ldlng for a preliminary listing of manufacturers of alcohollc and tobacco products and matches, and for an Inventory of the stocks of goods In their possession, to furnish a basis for taxation by an lnternal-re\·enue law. Xo. 1183, appropriating $87,000 for the purpose of continuing and completing the exhibit of the Philippine Islands at the Louisiana Purchase Exposition. No. 1184, amending Act Xo. 867, so as to provide that the court vacation for the Mountain Judicial District shall be during tbe months of August and September, and changing the times at which Courts of First Instance shall be held In that district Proclamation: · Publlshlng an act of Congress of April 15, 1904, regulating shipping in trade between ports of United States and ports or places In the Phlllpplne Archipelago. Executive order: No. 29. fixing the ratio for the redemption of Spanish-Filipino curDcclsio~;n~f rbte lS~~~~i!_~dc!~r~~ntavos to 1 peso, Philippine currency. ~fartlnlano M. Veloso 1·s. Petrona Naguit et al. The United States vs. Estanls\ao Labaya et al. Flavlano Felizardo et al. rs. the Justice of the Peace of Jmu" The United States i:s . .Juan Glnete. -· Tbe United States i·s. Faustino Guillermo et al. The United States rs. Rafael Samlo. Rosa Llorente i:s. Ceferlno Rodriguez. The t: i:s. Victorina de los Santos. Tbe U i:s. Cnnuto Butardo. The V i:s. Felipe Rama. · The U vs. Telesforo Roraldo et al. The U vs. Ventura :\larlano. :'Ilaria Gonzales vs. Simeon Blas. Rafael ~nrlquez et al. rs. Francisco Enriquez et al. The l'mted States rs, Valentin Butardo et al. The l"nited States i:s. Hiiario Zafra et al. SE>rvlllano Lanzuela Santos i:s. Judge John C. Sweeney. Euloglo Garcia rn. Hons. B. S. Ambler and .Tohn C. Sweeney. Annonnce1nent. The Ofllclal Gazette Is publlshed weekly by tbe authority of the Government of the Philippine Islands. It v.·m be furnished by mail to subscribers, free of postage, on the following terms: One year ..... One month .......... . Single cople~. each ... . ............... Pl2.00 1.00 .sq Its S~~~Y!~~;i~tnsin sh~~~l~/~l~~~ t1n~~;t~~!te!~ ?u~il~li~~~i1:.1;i":~~~io~~ should be addressed to the editor of the Official Gazette. :'olanila, P. I. Send remittances by postal money order or regl~tered letter to :Xorton F. Brand. acting editor Official Gazette, i\lnnila, P. I. Office of the Offll""ial Gazette: Orlente Building, Plaza Calderon de la Barca, Blnondo. 548 OFFICIAL GAZETTE The Go,·e1·nment of the Phili])f)ine Islands. Leglsl11.tl,•e. THE PHILIPPINE COM~IISSION. (Ayuntamlento-The Palace.) Commissfoucrs.-Luke E. "Wrlgbt, President; Denn C. Worcester, Henry C. Ide, James F. Smith, T. H. Pardo de Tavera, Jose R. Luzu1·iaga, Benito Legarda. Exo:cntl\•e. Mac;~f~g ~°C:~~~:~R~i~~t ff. ~~6f:.t h.8~~1 ~~. ~lJ'_°Ji-cS:~:t~~YiheL.c1~;i Governor Vicc-Govcr1101·.-Henry C. Ide. Secretary of tll.c Interior.-Dean C. "'orcester; prl\'ate secretary, E. 0. Jobusou. Secrctai·y of Commerce and Policc.-Yacant. Secretary of Fi11a11ce and J11sticc.-Henry C. Ide; private secretary, Jackson A. Due. Secretary of Public I11struc!io11.-James F. Smith; prh•ate secretary, ·w. H. DoDO\'ftD. Executive Burcau.-A. ,\'. Fergusson, Executh·e Secretary; Frank W. Carpenter, Assistant Executive Secretary; R. D. Fergusson, In charge, Translating Division; Claude '\\'. Calvin, Recorder of the Commission, Chief of Legislative Division; G. i\I. Swindell, Acting Chle[ of Administration and Finance Di\·lslon; Sidney Thomas, Chief of Records Division; H. A. Lampman, Disbursing Officer. Bureau of Insular Purchasing Agc11t.-Major E. G. Shields, Insular Purchasing Agent; A. L. B. Davies, Local Purchasing Agent. Improvement of tlte Po1·t of Jl!anila.-!\laj. C. McD. Townsend, Corps of Engineers, United Stntes Army, officer In charge. Philippine Civil Service Board (Qrlente Building) .-Dr. W. S. Washburn, Chairman; Dr. B. L. Falconer, Dr. Jose Alemany. ge:n~aU~ ~~ f.e~!~!°i'~s:~ie~1~~1ip~~:fc 1H':~Wh·~J~~jTh~in~S ~~r~i~i-s~~fi. Chief Health Inspector; Henry D. Osgood, Sanitary Engineer; Dr. P. C. Freer, ex officio; Dr. Manuel Gomez, Secretary (ou leave); Dr. R. E. L. Newberne, Acting Secretary. Quarantine Ser~· ice (United States Public Health and Marlne-1-Iospltal Ser1•Jce: 78 MadrldJ.-Dr. Victor G. Helser, Chief Quarantine omcer; Drs. Chas. ·w. Vogel and John D. Long, Assistants. Marii'clcs Dctcntio11 and Disinfection Statio11.-Dr. John M. Holt, In command; Dr, R. H. Creel, Assistant. Iloilo QuarautJnc Station. . McCoy. In command. Cebu Qua1·a11tme Stat!o11. Fox, In command. Jo/o· Qua1·a11tiue Stat1011. Gwyn, ID command. Forestry Bureau ( Orlente Capt. Geol'ge P. Ahern, Ninth Infantry, U. S. A .• Chief; R ant, Assistant Chief. Miniug B11rea11 (358 Cabildo).-H. D. Mccaskey, Chief. PhiliJJpi11c lVeatller Burcm1 (Calle Observatorlo, Ermlta).-Rev. Jose Algue. S. J., Director (in United States) ; Re\", Miguel Saderra Mata, Acting Director. ands ( Intendencia Building) .-Wiii i\I. Tipton, ·e (Oriente Bnllding).-Prof. F. Lamson-Scribner, . Welbol"Il, Acting Chief. lllller, Acting. ],::H1:~:~~~:·r: ~:·i~ Islands (Orlente Bullding).Superintendent Go\'ernment Laboratories( (96r.1 rk~) 'P.0Stro':i·g, CD1~i":t~r; Biological Laboratories; Dr. James W. Jobling, Director of Serum Laboratory. tet'ff!'iP~~':si~~~l a~ds~~~:e~J.91 Irls).-Or. H. Eugene Stafford, AtCivil Sanitarium (Baguio, Benguet).-Dr. J. B. Tbomas, Atteuding Physician and Surgeon. i\I. Cottel'man, Director; H. ). lente Building) .-Brig. Gen. :~' ;'~ c~ori.: :w•y"g"r"limls. scou. arry H. District; District; hief, Commanding Fourth District; Assistant Chief, Commanding Fifth Assistant Chief, on temporary duty at onsta u ary eadquarters, Manila; Col. D. J. Baker, jr., U. S. A., Assistant Chief, Cbief Supply Ofllcer: Capt. William C. Rivers, U. S. A., ~~i~~a1~;~=~~~~1 L_C~atde~r(r~uS. sA.?~~~rl:ct:r~~~~aenr~l~djutant-General; Bureau of Pri8011s (Headquarters, N. 'Wolfe, Warden; i\I. L. Stewart, Asl!istant Deputy Warden; William Bureau Beardsley, G. Holcombe, Pr nc pal Assistant Engineer: James D. Fauntleroy, Chier of Super1·!sors; Cbarles H. Kendall, Assistant Engineer. Bureau of the l11s11lar Treasury (Iutendencla Bullding.)-Frank A. Branagan. Treai<urer of the Philippine Islands: J. L. Barrett, A!lsistant Treasurer. Biu-cau of tile Iusular A11dito1· (lntendencla Bulldlng).-Abraham J~. Lawshe, Auditor for the Philippine Islands: W. W. Barre, Deputy Auditor. Bureau of Customs and ImmifJrntiou.-·w. llorgau Shuster. Collector of Cui<toms f<>r tbe Phlllpplne Islands; H. B. ~lcCoy, Deputy Collector of CustomH: Frank S. Cairns, Sun·e}·or. Burca11 of I!lfcr.1(1f Rt•t·e1111c (147 Anloague).-Albert "'· Hastings, Acting Collector. J11su/m· Cold Storage a11d Ice Pla11t.-Charles G. Smith, Superintendent. w:s1b1i~~~o~f tstig!·ids~~!~;~. RA~;f!~:ii'i Al\~~~~~~~G~~~~11 ~on d::;oeji~ Araneta, Solicitor-General; James Ross. Supervisor of Provincial Fiscals; Geo. R. Harvey, Assistant Attorney-General for the Constabulary. DEPARTMENT OF PUBLIC INSTRUCTION. B11reau of Education (Santa Potenclana).~David P. Barrow!J, General Superintendent or Education; Frank R. 'White, Assistant; ·w. J. Fisher, Disbursing OIHcer. Bureau of P11blic Printing.-John S. Leech, Public Printer (on lea,·e); Edwin C. Jones, Acting. Anf~:;::!\.~E1J:::t~~1'B~u~~:. ~oh~!~'.·uction Of Public Buildings (Calle Bu1"ea11 of Affhives (Palace).-Manuel de Iriarte, Chief. de B11~1j:~;~, orn Pc~::~:'. Copyrights, aud Tradc-iJfarks (Palace) .-Manuel Amel'ica.1 Circulating L;brary (Oriente Bulldlng).-Mrs. Egbert, Librarian. Official Gazette (Ol'lente BulldlngJ.-i\lax L. McCollough, Editor (on leave); Nortou F. Brand, Acting Editor. Census Bui·eau.-Brlg. Gen. J. P. Sanger, United States Army, Director ot the Census (In United States). Ju1Uciary. (Audiencia, ~7 Palacio.) { Orlente Bulldlng.) Judge.-A. S. Crosstl.ehl. Juc/ye.-Fellx M. Roxas. (Municipal Building.) Judyc.-S. de! Rosario. Associate Judye.-D. R. Williams. Clcrk.-J. R. Wili<on. ftlauila, Pai·t 1.-John C. Sweeney, judge. .3Ianflo, Part 2.lllan!la, Part .'f.-Byron S. Ambler, judge. •lla111/a, Part -1.-Manuel Araullo, judge. Clel'k.-J. McMlcklng. Fil"st Disti-ict.-Albert E. McCabe. Second Distriet.-Dlonlclo Changco. Mom1tain Distriet.-Charles H. Burritt. Third Distl'i<·t.-Arthur F. Odlin. Fourt/l District.-Jullo Lloreute . Fifth District.-Estanlslao Yusay. Sixm District.-lgnaclo Vlllamor. Seventlt Distri('l.-Paul 'W. Linebarger. Ei(lhth Dist~ict.-Grant T. Trent ]t,·inth Distnct.-Henry C. Bates. Tentll District.-Vlcente Jocson. Elci·cntlt District. T11:elfth Dish'ict.Thirtecnth District. Fo11rtcc11th District. Fifteenth Distl·ict.- . Additional judges.-Adolph Wlslezenns, Caplz; Beekman Winthrop; James C. Jenkins. City Government of Manlln. A. Cruz Herrera, president: Charles H. Sleeper, onnell, member (on lea\•e In linited States) ; ; J. F. Case, member (on leave in United , secretary. lguel Velasco, president; Basilio R. Mapa, Teodoro Rodriquez, Crlspulo Feliciano, Jose Paterno, Juan \es, Jose R. Yorante, Antonio Ma. Pabalan, Vicente ?\'. Somoza, Francisco del Rosaria, Segundo Rodi!, members; Vicente Rodriquez, secretary. School Divisions and Superlntf'!ndents. :\o. Division. !;uperintcudeut. Headquarters. OFFICIAL GAZETTE 549 - - - - - ----School Di\·lsions nnd Superinteudents-Continued. No. ' Dh·ision. I Superintcn(lent. j Hcnd<iunrtcrs. 18 8nmnr -~--==~~~~-~~==! ~~~.-;ownseml ~-~~~--=-=~1-~:balognn. ii fi~~;;;~:li~~~~~~~~J i:.t~¥:~:i~{iiW=~iiii.==, Ii~~:~: l'ampang11. and Bataan -----1 \\'~~~i~~1;itt(J.)l.Gnmbill, San Fcmnndo. fi r J~~;~~:~~~~~~~~~~=~~~~~~~i ~Jlti~~~rnmwt;t=~i }~¥:· il ~~~ri~·:::::::::::::::::::! 8~~~1~r;::::------::::I t~:::; 33 Benguct--------------------1· Governor W. F. ---- Baguio. ~ ~:;~~-~~~~~-c-=:::::::::=: ~~~~q~fc~;~:~ _______ ::::::1I· ~r,~~:~::a. · I SchooLI W. J. Colbl.'rl. nctiflg _______ Monihi.. ~1111~:s- ~i: ~;e:~~lt~~~:::::::::::::::i R~: -~------Pro\·incial Go,·ernments in the Phili1>1>ines. Abra.-Daogued, capital. Go\•ernor, Blas Vlllamor; secretary-fiscal, Lucas Paredes; supen·isor-treasurer, Archibald McFarland. A/bay ( Luzon).-Albay, capital. Governor, Ramon Santos; secretary, L. Thomas; treasurer, C. A. Reynolds; supervisor, "'llllaru A. Crossland; fiscal, ll. Calleja. Ambos Camai-i11es I LuzonJ.-Nueva Caceres, capital. Go,•ernor, Juan Pimental; secretary. Roman Enrlle; treasurer, J. Q. A. Braden; supervisor, E. P. Shuman; fiscal. F. Contreras. dr:1~~~idn 1 ; Pg:~~/a;;,s~ ~oasl~z~er ~~~~!~t~~~i--~;~!~~fer ~B:eT.0~e~:;~ fiscal, V. Gella. Batoan.-Bdanga, capital. Go,·ernor, Tomas G. del Rosario; secretary, L. L. Zlalclta; supervisor-treasurer, Emery R. Yundt; fl.seal, Ambroclo Delgado. Baton.gas 1Luzot1J.-Batangas, capital. Governor, Gregorio Aguilera; secretary, F. Caedo; treasurer, R. D. Blanchard; supen·isor, Ernest J. Westerhouse; fiscal, D. Gloria. Bcng11ct.-Bagulo, capital. Governor, ·wm. F. Pack; secretary, Egmidio Octavlano; acting supervisor, (pro,·lnclnl go,·ernor). Bohol 1BolwlJ.-Tagbilarnn, capital. Go,·ernor, Salustlano Borja; secretary, M. Sarmiento; supervisor-treasurer, C. D. Uplngton; fiscal, Ga,·ino SepuJ\"eda. Bulacan.-Malolos, capital. Go,·ernor, Pablo Tecson y Ocampo; secretary, Francisco Meralos; treasurer, R. W. Goodhart; supervisor, Harry Thurber; fiscal, Herm6genes Reyes. Cagayan.-Tuguegarao, capital. Governor, Graclo Gonzaga; secretary, Antonio Carag; treasurer, "'· W. Barclay; ,;upervlsor, \\"illlam E. Pearson ; fiscal, Cayo Alonso. Capiz (Pauay).-Capiz, capital. Go,·ernor, S. Jugo Vidal; secretary. Emiliano Ace,·edo; supervisor-treasurer, F. S. Chapman; fiscal. A. Pardo. Cavite.-Ca,·ite, ,...apital. Governor. Capt. David C. Sbanks, United States Army; secretar~·. D. Tirona; treasurer. Arthur S. Emery; super,·isor, Elmer O. '\\'oric; fiscal, F. Santa Maria. Cebu (Cebu).-Cebu, capital. Go\'ernor, J. Climaco; secretary, L. Alburo; treasurer, Fred J. Schlotfeldt; supen·lsor, Harry C. Delano; fiscal, Mariano Cul. J/ocos Norte.-Laoag, capital. Go\'ernor, Julio Agacollll: i;ecretary, M. Flor; treasurer, J. N. Currie; supervisor. Paul F. Green; fl.seal, Policarpo Soriano. 0 I. Governor, Raymundo Melliza; secret \es C. McLain; supervisor, Maurice W. T . Isabela.-1 agan, cap a . Governor, George Curry; secretary, Eliseo ~1:~:~:.11; supervisor-treasurer, N. B. Stewart; fiscal, Vicente NepoLa Laguna.-Santa Cruz, capital. Go\•ernor, Juan Callles; secretary, Jose Rivera y Cosme: treasurer, Carrol H. Lamb; supervisor, David A. Sherfey; llscal, Hlglnio Benitez. La Union.-San Fernando, capital. Governor, Joaquin Luna; secretary, Andres Asprer; treasurer, Frank B. Parsons; supervisor, Bert H. Burrel; fiscal, J. Baltazar. Lepanto-Bo11toc.-Cen•antes, capital. GoYernor, William A. Reed; secretary-treasurer, Gideon D. Tra\·ls; super,•lsor, M. Goodman; lleutenant-go\'ernor (Bontoc), Danlel Folkmar; lieutenant-governor (AmburayauJ, W. F. Gale. Leytc.-Tacloban, capital. Go,·ernor, P. Borseth; secretary, Emigdlo Acebedo; treasurer, W. S. Conrow; super\•lsor, Oliver D. Filley; fl.seal, Domingo Franco . .Uasbate.-:Masbate, capital. Governor, Joaqufn Ma. Bayot y Zurblto; treasurer and acting super\'lsor, J. A. Comdohr; llscal, Ambrosio Delgado. .Ui11doro.-Puerto Gallera, capital. Governor, Capt. R. S. Offley, Thirtieth Infantry, U. S. A.; secretary, Fernando San Agustin; supen·isortreasurer, William O. Smltb; fiscal, Soffo Alandy. llfisamis.-Cagayan, capital. Governor, Manuel Corrales; secretary, A. Velez; supen·lsor-treasurer, E. E. Barton: fiscal, N. Capistrano. Mo1·0.-Zamboanga, eapltal. Governor, Gen. Leonard Wood, United States Army; secretary, Capt. George T. Langhorne, United States Army; attorney, John E. Springer; treasurer, Fred A. Thompson; engineer and supervisor, Capt. Charles Keller, United States Army; superintendent ot schools, Dr. Najeeb M. Saleeby. N11ei·a Ecija.-San Isidro, capital. Governor, Epifania de los Santos; secretary, R. Roque; treasurer, J. D. Green; supervisor, C. D. Wood; fiscal. R. Mai'ialac. secretary, . E. Araneta. capital. Governor, L. E. Bennett; secyant: acting supervisor, Wm. H. Nipps. capital. Governor, Antonio Jayme: sec. A. Casana,•e; supervisor, H. M. Wood; '· "'''"'I.°""""'"· Demetrlo Larena; supen•lsor-treasurer, H. A. Peed; fiscal~ Pam/)(rnga.-Bacolor, capital. Governor, Macarlo Arnedo; secretary, M. Cunauau; treasurer, R. M. Shearer; supervisor, S. V. Cortelyou; fiscal, E. Macapinlac. Pauqasiua11.-Lingayen, capital. GoYernor, Macarlo Favila; secretary, Benito Sison; treasurer, Tho1nas H. Hardeman; supervisor, Charles F. Vance; fiscal, R. Espiritu. P(lrag11a . ....,.-Cuyo. capital. Governor, Lieut. E. Y. Miller; secretarytreasurer, Hall H. Ewing. Rizal (Luzo11).-Paslg, capital. Go,·eruor. Arturo Dancel; secretary, Jose Tupas; treasurer, "'m. N. Bish; supervisor, Tel(alr Hodgson; fiscal, Bartolome Revllla. Rom!Jlou.-Romblon, capital. Go,•ernor, Francisco Sanz; secretary, Cornello Madrigal; supervisor-treasurer, Julius S. Reis, Samar.-Catbalogan, capital. Go\·ernor. Eduardo Felto; secretary, Alejo Maga; treasurer and acting supervisor, Arthur G. Whittler; fiscal, Domingo Franco y Mosquera. So1·sogon (LuzonJ.-Sorsogon, capital. Governor, Bernardino Monreal: secretary, M. V. del Rosario; treasurer, R. J. Fanning; supervisor, Harry L. Ste\'ens: fl.seal, P. Ballen. Surfoao.-Surigao, capital. Govecnor, Daniel Toribio Sison; secretary, Rafael Eliot; super\'lsor-treasurer, George A. Benedict; fiscal, F. Soriano. Tm·iac.-Tarlac, capital. Go\·ernor, Alfonso Ramos; secretary, M. Barrera; treasurer, W. E. Jones; supef\•lsor, Sam C. Phipps; fiscal, M. Ilagan. Tayabas.-Lucena, capital. Governor, Ricardo Paras; secreta1·y, Gervaclo Unson: treasurer. William 0., Thornton; supen•isor, Henry C. Humphrey : fiscal. Manuel Queson. Zambales.-lba, capital. Go\•ernor, Potenclano Lesa.ca; secretary, Gabriel Alba; supervisor-treasurer, John Vi'. Ferrier; fiscal, Juan Manday. INDEX TO THE 0 FFI CIAL GAZE\1-·'t~E Published by authority of the Insular Government under and by virtue of Act No. 4SJ of the Philippine Commission . VoL. II. . JUNE 30, 1904. Nos. 1-26 [Indl'X to th~ Oftlclnl Hnxcttc, Jnnunry I, 1\llM, toJ1111c 80, l\llW.] Page. Abacn, culth•ation in southern l\limlnnnu 270 Aet.i nmended. (See PubliC' lnws, nmemled.) Acts enacted. (Sec Publfo lnws. ennrl<'d.) Acts repealr<l. C8ce Public law.1:1, rcpenled.) ...\ddl't'ss.. imrngurnl. h:r Ihm. l.uk1• .. ~. Wright. \'h·il c;1t\"· Adverse possession: Color of title ......... . Statute of limitations Albay, P1·0\·i11re of: 81 527 52j Land tnx. rxte1111ion of time for p11ynwnl... 190 l.ibrnry bonrd. pr1n-indnl hrn1rd rm•mb1•r11 of... il:la Aliens, mny hold lnnd... :I04 Agrieulture, Bureau of: .4.ppropriation . 15a Reports onAhnen in ..ioutl1rr11 !l.li111ln1mo.. 270 Ben~tll'l 1•x1wl"i11wnt stuti1111. :!llH Cotton tm.•.. 21ifl :!iliti:m•)' in :\l1•xi.-11 448 :!l.l11gt1t">" in lh.- J'liili!'l'ilw.. 07 ~\mho,; C'amarim·"'· l'n"ilHT of. ln·:• .. ur••r. •l11ti.-..; of. r1•..;111•<·lin:.: na('f 1ra111way .\m1•ri<·a11 ("in·ul:1ti11;: l,ili1·:1r\·........-. :\11inml..;.dn1w· .. ti1 _ _ -..., Anm11111(·1·1111·11t/ puhJi,..J11"'~-' .\nt i•p"~ .·\p1u·:' ~/ ---....._,___ . \ ''· •;,-·; ' Appropriations-Continned. Page. Delkiency, fiscnl yP.ar l'nding Jm:c 30, 1004 ................ 137-155 Disbursing Ab'*'Dt at Wuhington, D. C .................. : ..... 225, 30j, Jo:xprndilnrC' under direetion of Civil Governor ont of C'ongr1•11Kion11I relief fund. 121 Frinr-lnmh1 bonds, to pay interest on 343 l•'rom Congressional relief fund 380 nr11rr11I, lh1e11l ycmr l!J04..... 325 Oo\'c>rmnent cnrnbnos, l'nrr of .......... .......................... 383 <lm·rrmnf'Dt Lnborntorie!i, Buren.u of.......................... 524 lmprm·f'nwni or tlw l'ort or Mnnila ............................. 121, 524 lmmlur Pun•l11111ing Agent .... ............................................. 524 L111m11 lo provincesB11t1111gib1 ..........................................•..•..................... 227, 481 l.1l J~agunn .............................. 20 Pur11gua ....... ...... ............................ 361 l.011i11i111m Pur1·l11o;f' J.;xpo,.ition, Philippine exhibit. .. 304, 526 C'on111.t11bulary b11nd nt .......................... 227 Malolm~-J[agonoy road ................. .......................... 383 llnniln, rity ofJo'iM!al year ending .Jun<' :Jo, llJ04 ........................... 121-126 Hh·er front improl"<'ment. ......................... ............... 277 Rtret>t rxtf'm-iion . 228 Opinion11 of the Attorney-General, exprn,.;es incurred in publication of \'olumr I of ................................... . Pnr11gt1n, lo11n to... 361 Pusig river-front imprO\'l'lll('lltfl...... 27'7 Port of Munila, improvrment ..................................... 121, 524 t:1izorrubio-B111,."Uio road... 383 rieons, Burruu of 524 Puhli<· works 523 Purehnsing Agent. Insular, purC'hase of tmpplies in (Tnited Statea ..•.........•... ...............••.......... 196 Hrnewal of appropriations in Aets 1048, 1049 413 H1mdH and hridgesf.Al J..nguna ...... ............................. 210 l..n I~ai:..,ma and Tayahas . 210 H.iiml, loan to............................................................. 211 Villaverde trail, Nucva Vitcaya and Pangasino.n... 227 ~1-hnol buildings, llocos Sur. Abrn, and Romblon............ 211 .\n·hilrt·tnre nnd Con11truction of Public Buildings, Bureu.u of: " Appropriation for ....................................................... 153, 325 J, ~oti1·1• to c·ontmC'torH, Crim post-office screens... 519 4 ... nr ..... Bnrran of: 11.ppropl'iation ................................................................. 153 """'it,.:. :opyrighbl, n.nd Trade-marks, Bureau of, 153 \'.~;.~;;~.~l::;:~~h:::::~:~:~:~:~: .. :~.:.1;~;.;~~ ~~: \im•rnl irulnstr~· 1tnd reM>urces of tht• Philip334 '<'i11l ho1ml of Tayabas 'to revisr.... 34:1 t~· of Warnrr. Barnes & Co .. special board 343 ··1nr. (Ru Man~ln, city of.) 'l'I ing of. in Or·c·idriit11I !lrgros... 22fl INDEX TO THE ---------------------------------Attorney-Gr1 .; Page. Danks, dt>posibl in local currency: Friar lands ............................ 358 Nl\mrs of holders of, furnished l.o whom ........................ . Alit"ginnee of r •nt F.:uropenns.......... l l!J 'l'ft.:'< upon .......................................................... . ~\ppropriR.tion for 'IChool purposes, approved by whom.. liHi F.xceptions ................................................................... . Appropriation to defray rxpenses incurred in publioo- H1mum11in. (See Bulnca.n, Province of.) tion of Yolmne 1 of opinionK of. I Barge Pluto, appropriation for rna.inteno.nce of .. Arms and ammunition, captured..... 39 Bnsilun bland, justice of the peace, Act authorizing apCapturt>d arms and ammunition, delivery of..... ao pointment of. ........................................................ . CP.du1as, presPntation of......... :l9 Hnt1uigas, Province of: Citizl"nship of resident Europeans......... 113 AsscKSment revision ............................. . City of Manila ............................ 481 Constabulary of, Act 781 applied to ................................. . Consolidated municipalities, vacancies crented.... Oii Loan for salaries of teachers ........................................... . Death sentence, execution of, ex.penal'. iilfi J..oan to ........................................................................... . Domicile, evidence of citizenship, when........ I I:i Behn, Meyer & Co., appeal of, to Court of Customs Appeals Easements, servient estate to dispose of water... 40 Hl'nguet experiment station ....................................................... . Execution of death sentence, oxpensc of.. lilti lll'nguct, Province of: Fees of presidents of provincial boords of helllth... :m Appropriation ....................................................................... . 1',irearms, carrying ............... 30 Disbursing officer of Civil Sanitarium, treasurer of ... . HPalth, presidents of provincial boo.rds of, f<!Cs......... 30 Henguet Sanitarium. (See So.nital'ium, Civil, Benguet.) Honorary Board of Commissioners, salary of municipal Hengul't wagon road, appropriation for ................................... . prl'sident while member of.. . ........... 4i4. iil4 Bilibid, transfer of prisoners to ............................................... . Justice of the peace, location of office... 40 Bill of exceptiona, procedure ..................................................... . Land tax, improvements.... 30 Rill~ of cxcl1ange, payable in local currency, revenue atainpa liiJitary courta, judgment11 of, how <'11forced.... 412 Jo~xceptions ............................. . ........................... . Municipal board of henlth, prl',.ident of, not munil'· Births and deaths, registration of ............. ~ ............................. . ipal officer ................ . 515 Bourd of Health, Philippine. (Src He1ilth. Board of, Phil1\lunicipnl officer, pn>sident of muni1·ip11l lmnrd of ippinr!'I.) health not ......... 515 llrnud of tnx rC!vi!'lion, H1it11ngas. (See Batangns, Province Municipal officers, postmuters, s11l11rh•s. 40 of.) Municipal physi<"ian, appointm~nt of, not 1111thorized.... 516 Bo1111i11g compnny, p11y111rnt of premium to ............. . Municipal p:-esideut and• vice-president, vneancies.......... 406 Hom111 : M\lnicipal president on Honorary Board. salary of.. .. 476. 614 J.'id1•lit~· oompi111i<"11'. p11ymrnt. of prl'lnium Postmasters, municipal ofHcers, ularies.......................... 40 J1111m1m·e of, for p1m·hn11r nf friar lnnd!'I .. Private'seconclary schools, taxation of ............................ 474 Pny11hl1· in lo1·al 1•nn~·1wy, r1•\·1•1111r .. u1mp" on .. . Professors in prh•nte secondary schools. taxation of.... 474 Bongabnn, '.\I' ;.:-~111 of ........................................ . Salary, of president on Honorary Board... lil4 J ~ ·· ' · ~ School 1tppropri11.tion!'I, approval by whom... 5lfi I ' '~ ~ •.. Taxation of private academies and professor11. 474 Vacancies, positionP. of municipal president and vice· 'i. President ............ .. ......................... 4ll5 ,, .. r~~ Vaccination, of resident foreigners.. 515 ;1,) :·~'.{:',· Vaccinators, right to part of fine..... 441 !£~ Auditor, Insular: t"'q:· Appropriation for Bureau of the......... . ....................... 14i Hri'i Cashier of Philippine exhibit1 accounts rendered, by, to.. 104 1i . Clearance to disbursing officers... 45i B {' Deputy, abaence of, acting deputy.... . mi uf.; Exposition Board, statement of final settlement with A · M=;~~=~ m:;c 1!:~·lar Treasurer, notice of, to 1!) 4 .l Pa~ :~:~=m~0 payment ·;~~:··~·d~---~~~~-·~i.~i~~t·· 0! 25 ' 155 ',\ Re=~~ b~ .. ::::: .. :::::::::::::::::::::::::::: .................................... l~ }' Taulbee, George C., account of, amount to be credited ' to, by ....... : . . ......................... •' Usurpers in office, duties with reference to ...... Auxiliary justice of the peace. (8e6 Justice of the pc~ Baguio, Benguet, appropriation for impro,-ementR at. · Ba.labac, port of, opened, employees authorized ........ .! Banco Espanol-Filipino, financial etatement of . .' months of: December, 1903 January, 1904 .................................................... . February, 1904 ....................................... . March, 1904 ... . April, 1904 ....................... . P .... 105 105 105 122 197 165 482 227 481 241 268 164 296 17 165 362 105 105 410 278 278 18 105 3;o I 401 OFlnCIAL GAZETTE 3 C1wile. municipality of. lands nnd buildings, dedicated lo Cnitcd States Nnvy nnd prO\·inl'inl j{OVrrnmcmt ..... Cm·ite. Pro\•ince of: Gubernatorinl election postpour.d - I..n.nd tax, second revision of assessment lists Loon to, time of payment extended ................................. . Pnwincial hm1rd, tux rlwision bonrd, members of... Pul:ilk· hmds 11nd building,i; dedicalR<i lo n""' of Cebu municipality, salary of treaaurer ..... . Cebu, port of, eustoms limits at. ................... . Cedula tnx: 01·ientnl Negroa, extension ... Payable in Philippine currency ......................... . ('p1'tificntes of .indebtedness: Page. •• 80 201 196 2:!11 4!1 280 .... 400 17 Civil service-Continued. Lea,·e of absence-Continued. Persons not entitled. to ............................................. , ... . Schedule ... TcucherR ......................................................................... . · Special contracts not nlfected by Act 1040 ........... . Tl·nn~11ortiition nfter three yea.rs' s~rvicc Trnn•ling l"XpenNrs from Unit("(L State11, refunded ufter two yea.rs ..................................................................... .,. ...... . Vacation leaveAbsence from duty charged against ........................... . Schedule .......... ···································-··-······················· Taken \Vhcn ................... -·-········································-····· Teachers, o.bsence charged ago.inst ............................. . Civil Service Act amended ........................................................... . Page .. 77 77 77 79 7D 78 78 78 78 78 209 Act authorizing additional issue of .. IM Civil Service Boo.rd: Gold-standard fund, appropriation from, to pay principnl and interest of lnten>St on, appropriation for payment oL. llroceeds of, deposit .....................................•........ 155 155 Heporbi to Auditor 1111d 'l'rPtl:mrer 15.i Secretary of War authorized to issue ........................... _... 165 Checks payable in locnl currency, revenue stamps 1·equired.... 105 Exceptions.... ....................................... 105 Chief of Burenu to pay salary of employl"C not entitled to position .......... .. ............................. :!OU Chinest>. Uowrnment t>mployl"f'S. not l'lu1u1itird..... :HO Chinese, registration of, time for, extended..................... .. 19, 227 Cholera, Manilo. declared free from infection of..................... 312 City of Manila, municipo.l court, salary of acting judge. 383 Civil Governor: Daet tramway franchise-~ppron\I of security of ............ . "':May declare franchise forfeited. /May fix mail rates ...................................................... . . ' Permission to use public land, may grant ,I i:.faquaiitlcation of suspended officers ............... . .~' Fiscals, may detail to another province ....... . lllvil Sanitarium, Benguet: Appropriation for ...... . ............................ . :120 321 321 320 363 362 "226 Appointmenb Ct'rtiflcd by.. 13, 43, 160, 186, 219, 258, 284, 313, 351, 396, 518 Appropriation... ............................ 138 l•;xumi1mtionN 1u11101mced h1 Gazette-Assistant· pharmacist Blncksmith .................................................................... . ('ilr))('nter ................................................ · Dispensing clerk ........ . .......................... . llospi~al attendant ....................................................... . Hoapitnl steward ........................................................... . lnoculato1· ..................................................................... . Laundry foreman .................................... . I~aw clerk ...................................................................... .. 134 284 284 257 160 102 284 211'1 515 l\Inchinist .............................................•...................... 134, 284 Medical inspector ....................•.......................•............... Special teachers ....................................•......................... Surveyor ....................................................•...•.... 284 262 373 Teacher of agriculture.................................................. 282 •reacher of earpentry ..................................................... . Teacher of carriage building ..................................... . Teacher of iron working ........................ . Teacher of wheelwrighting ...................... . \\"hcelwright .......................................................... . Usurpers in oJ6ce, duties with reference to ....................... . 262 262 262 262 Disbursing olficer to act as provincial treasurer ............. . 226 Clotet, Jaime, settlement of claim of ..................................... . 284 209 122 377 340 Ci.vii service: Classified and nonclaasified positions ..... Employees-Absence from duty ..... Appointt>d from United StuU-,. Deuth of ... lle<"t'ased, amount due Pslutl" or, pu~·nhh• to whom .. H:Pmain in the sen-ice two yeal"s, l'xception ... Required to work on Sundays and holidays, when .... He11ignation or death of. 1<11l11r_1", how rmtisflctl .... Return transportation furnished after three years .. Visit the United Sta.tea, wlu.-11 may. Hours of labor ......................... . Bureau of Justice, except judges ... . Fixed by executive order ............................... . Minimum .......... :,················· Reduction does not apply when overtime wage al· lowed .................................................... . Leave of absencl..\b11enee t•ha1'b"Cd llbtai1111t emplop•e, whl"n ...... AccruP for five ears only. Accrue while on leave with pay ...... . Accruing prior to ,fanuar.y I, 1904, computed under Act 80 ..... . Application~ for .... Coal lands, acquiring title to ............... ··················---·-············· 210 Coal, localities where found ........................................... . Coast and Geodetic Survey, appropriation ...................... . 140 78 Coast Guard and Transportation, Burea.u of: 7H Appropriations .................................................................. 145, 325 7H j9 7!1 77 j~ • 70 77 77 77 77 77 Cutters, launches, etc., additional, may employ.......... 146 Postnl clerk, subsistence while on cutters of... 146 Transportation of1'~reight ............................................ . 261 Insular officers a.nd employees................ 305 Private passengers ·.· ..................................................... 261 Code of Civil Procedure: Amendments to .............................................. . Appeals by paupers ............................................................. . Appeals from Court of Land Registration ....................... . Exc<'ptions, bill of ................................................................ . Onicilll lnngunge. Paupcr11, appP.al by ..... . Collecting I~ibrarian, appropriation ................................... . 414 362 303 362 301 362 15< ii Cold Storage and Ice Plant: 77 77 Ap1wopriation .. .. ...................... .. Notfoc of sale of plant (fil"st publication) .. . Offic.'C transportation, furnishes its own .... . 79 Commerce und Police, Department of: 78 Appropriation . . .................................................. . 150 301 • 150 142 4 INDEX TO THE Commerce and Police, Department of-Continued. Page. Page. S~rrtary of- Court of CnatomK Appeal11. (Bro Customs Appcala, Court Appromls by.................. . .. 144. 140 of.) l.ight-house service, a11thority for employmPnt of Court of Lnatl RegiRtration. (See I.and Registration, prnonnel gmnted by.......... 146 Court of.) Secretary's office, appropriation....................... 13i Cot1rts: Commerce of the Philippine Islands- 1''ines and penalties imposed byArti<'IP on ................................................................. 72 Payable in Philippine currency 17 n<'neral statemf'nt for fiscal year ending .Tune 30, 1903.. 182 Spanish-PMlippine curnmcy receivable in payment (8('(' alBo Cm1toms and Immigrntion. Bureau of.) of ........................ ....................................................... 17 f'onunisKioners, Honorary Board of: Appointment to '"isit I.ouisiann Purchase Exposition ... Ahsenee of. not to exceed ft\'e months ...... . Accompanied by American officin1 of Phi1ippinP Gm·ernment Chairman f'itie11. of Unitf'd States to be Yisited by ........ . C'ommittf'C to keep history and make report to Ch·il Gm·ernor on return .... Departure of, date flxed by Civil Go\•ernor ... Disbursing officerRalance due members paid weekly. Drsignatetl by Ch·il Governor ..... . F.xe<'Uti\•e l.'Ommittre Filipinos holding office may be appointed ... llunieipa1 president member of. salary ... Re<'retnry of .. Tra\·el in n body ............................ . 'l'rn,·eling nnd subsistenl.>e <>xpeniies .. . ('onnnii-;!lion, Philip1>ine: Obligations payable in local currency, judgment ... I Courts-martini, subprenn of, refusal to obey ............. . 1 Courts of First Instanee. (Ber. First Instance, Courts of.) CriROstomo, Nazario, Government aid to ... l Culth·ation of maguey in the Philippines ...•............................ 2 Curre11ey: I..orlll or MexicanChf'<'kH, noteH, rontrncts, etc., payable in, stamps required upon ........................................................... . Exceptions . Contracts, debt11, or obligations payable in ... . Definition ..................................................................... . Dep011its in. N'amr11 of holders of, furnh1hed to whom ....... . Tax upon, paid to whom ................................... . 474 Temporarily, permission of S~retu.ry of Fi2 1111nrC' nnd ,Justice required ........................... . Importation of, prohibited, penalty ....................... . Mexiean dollars purl'hnsed ns bullion. when, by who1n ............................................... . 105 378 414 72 105 105 105 105 105 105 107 79 105 ApJ>bintment by nnd with roni;ient of ....................... I, 165, 197 Pn1111engcr11 permitted to bring limited amount into Island!'! .......................................... . • .\J>propriution ...... .......... ............................. 13j 70 Congr<'Msional relief fund. appropriRtion mndr from upon resolution of... .. ...................... 121 Persons, flrm11. et<-.. using to 11ny extent mt:st obtain licen11e ..... 107 17 l'ong1°t'11sional relief fund: Appropriations from Roads and bridgesJ~u L11gtm11 La Laguna nnd Tay11bn11 . Rizul . Rc-11001 buildh1g~ .• \bra, lloeoK Rur, nncl Hmnblon ... l"ndrr direction of Ch·il Gon>rno1· .... Villan-rd<' trnil, ~UC'\"11 \'izc-11ya nnd Pnni;:-n:dmrn ... f'on11tabulnry. Philippi net<: Appropri11tion . At Exposition, rxtra pay ... Hand at Expo11ition, appropriution for .. . Dis,·ipline .. .. ................................... . Diiil'imrge of member <·onvictrd of crime. Di11honornhlc di~harg<> . Ordimrnl.-e and stores. free entroncr of... Taulbee, Lirut. Geo. C .• relief of ... Construetion. maintcnanC<', and operation of ''eKsl•ls, Super· intendent of, title ehanged ............. . {'ommlting Engineer. (See Engineering, Bureau of.) ('ontagiot111 dii;easc!!, pre,·ention of ... . ('ontrnt't11 payable in 1oeal eurreney .. . HP\·rnur stamp!! requirrd on ... Ex1-eptions . l:ontra<'tK. special. (Hee Civil 11ervicc.) t"om·p~·unl"I· of lar,,- rattle .. Corregidor ::\lilit11ry Hrs<'n·11tion ... Cotton trre. artit•lr on ... ('otmcils, munirip111. salarirs fixed by. payahlP in Philippinr 380 210 )!10 211 211 121 22; 143 382 227 193 261 561 278 106 146 410 105 105 Salaries flxrd in, ehangcd to Philippine r.urrency .. PhilippincAct·pro\•idin~ rr\·emte and maintaining the parity of ......................... . l~inc11 and penalticK imposed by court payable in .... Salaric111 ftxed in ... Taxes p11y11blc in ...... . Ratio of rx<'liani,-e.Janu111·y l. 1!104. Pf11. 1.12 lo PL .fHn1111ry :10. HJ04, l'f11. 1.10 to PL. Apl'il 12. l!J04. Pfs. l.t:J to Pl May 24. l!J04. Pfs. 1.10 to Pl.. ....................... _ ...... . ,July I. HI04. Pfa. 1.1:1 to PL ...... .. RC'b:edForfeited, disposition of ................................. .. Portion of, aecrues to gold-standar'l fund ............... . Portion of, to informer ............ . 8pani11h-1',ilipino105 r.\ 17" 17 ID 10 292 415 52j 105 105 105 lm1>01·tation of, prohibited, penalty............................ 79 Obligations 1mynble in, Secretary of Finanee and Ju11ticP, power in ease of......... . .... 125, 155 Taxes and pPnulties may be paid in.................. 17 ["nitcd States or Philippine, appropriations for with· drawul in ............ . ............................ 125, 155 105 Cnrrcnev, Dil•biion of. Chief of, announl.-ement as to new Phili1;pine cur1°t'ney published by ........... . 401 l't1rry, (Jcor!/C, llluneh. (Bee J~aunehcs.) 482 Cu11tom-Hot1KI', Mnnila, Arrastrc division .. 268 ('1111tom11 Administralil"e Art: IO; 413 8cction 26. amc11ded... ........................... . 408 1•urren<'v Jj 8rl'tion 1:15, anwnded us to tonnage taxes on vessels.... 45 OFFICIAL GAZETTE 5 Customs and Immigration, Duteau of: AJ>propriution for ................................................ . Customs and Immigr1Ltion Circulars (by number)' Xo. 154. pnblh1hi11g Act No. 1035 .......•........ N'o. 155, suspension of filing Chinese laborers' n1>plications, denied .................................. . ,No. 156, publishing·Aet No. 1084 .............................. . N'o. 15i, regulations governing the issuance of duplicate origin11l certificates of residence .. No. 158, immigration tax on Chinese persons ....... . Chinese and Immigration Circnlnrs (by subject)Acts publislU'llNo. 1035 ....... . :So. 1084 .. l'hinl'.;e lnborl'rs' npplicntions, im~pension of filh1g, denied.. . ·····-······················ Chinese persons, immigration tax on .......... . Hrsidl'nce. l"l'l"tificah•s of, original, ~rulntion!i l-'ll\·· crnh1g the issuance of duplicate .... Circular letter to importers l"f'lative to ncceptnncc of llcxienn currency ................... . Coast inspection districts. (Sec Custonu1 Administrntivr Circulars.) Commerce of the Philippine lslandsArticlc on .................... . Criticism -of the customs sc1Ticr ..... . ('11stmm1 Adminii;trath•r Cireuh1r.- (b~, 1111111l1l'1')Xo. 254, publishing value of coius .... No. 260, pro,·iding for signal letters and oOicinl num~rs of vessels .... Affected and amended ............... . Xo. 261. l'lo. ... ing tlw port of l';ual. Pangasimm .... . · So. 262, opening the port of Alaminos, Zambales ... . Xo. 26:J, rules for forwarding nppeali; No. 264, authorizing W. T. Waters, jr., to ud· measure \"essels in Iloilo............................. . No. 265, amending Customs Administrative Cir~ cular No. 245 ............................ . :So. 266, fixing rates of storage at entry ports ... Xo. 267, publishing Act 1025 Xo. 2118, fixinJ! ft't·s to Im dmrj.,"l'<l hr pilots for 1904 .. . .......................................... . Xo. 2U!), f<'<'" fori11l11w;1snrl'lnr11t nf \"rs;<('ls .. . Xo. 270, publishing Act 1026 ..................................... . No. 271, publishing Act 1032 ..............................•••... :So. 273, publishing Exccuth-e Order ~o. l, 1904 ... So. 274, promulgating rules and regulations for the government of a. pilots' associa.tion .. Xo. 275. closing tht~ porh! of Xngn, Oslob, and Daln~urte. C1~lm. and .J11gn11, Bohol.. ... Ko. 276, changing tlw name of port of Ligatic, Pnml\', to Xt•\\' Washington .. No. 277, liccmi;.e foes; barkt>ntine Alta; right to crrtificate of protection .... Xo. 278, publishing Act 1037 ............................ . Xo. 280, liability of customs employers for debts .... :So. 281, publishing additional 'regulatiom1 govt•rning tlw is1m1mc<• of signal lettrrs uml ofliriul numbers .................................................... . Xo.' 2Ht. tirm• allowrtl for liling of export bonds .. . Xo. 2s:1, special agents, duties and authority of .. . Xo. 284, publishing the Cnited States law8 in rrspect to ne1itrality ..... . :S-o. 286, gifts or souvenirs l';('nt by mail to the United States.... . ............................ . No. 287, opening the port of Barugo, Leyte .... . No. 288, closing thc! ports of Aguta.yn, Island of .-\g-11t11rn. :1ml Huhthwuo, '.\lindoro ... Pap. 325 117 117 283 283 !148 117 28!1 117 !148 28:1 13 72 72 JO 11 134 12 12 12 26 ., 43 117 118 96 HMI IOI IOI 102 llH 134 217 21; 21H 283 207 20H Customs and Immigration, Bureau of-Continued. Page. Customs Administrative Circulars (by munber)-Cont'd. N'o. 289, publishing Act 1065......................... 298 Xo. 290, merchandise subject to ad valorem rate of duty ....... ·······················-······································· 299 Xo. 2!Jl, publishing resolution of the Board of Health abolhihing intcrimmlar quarantine ....... . N'o. 292, amending Customs Administrative Cir· 291J cnla.r No. 195 ..........................• - ............................... · 299 :So, 293, ftxing: price of "roll" furnished \"CSSels.... 299 So. 204, publishing Act 1066........................................ 300 Xo. 21J5, consolidated rules for forwarding protests and appeals ............................................•..•................ 300 No, 296, publishing letter from Chief, Bureau of Insular Affairs ................•..•............... -...................... . 301 :So. 297, regulating the treatment of articles import.ed thro11gh the mails ...................................... -.. 309 ~o. 298, providing regulations for filing protests on j.,>'OOds <•nl.en>d for bond .................... . Xo. 21J!I, closing the portK of Abuyog, IA"yte. and Santa Maria, Mindanao ........................................... . :So. :mo, publishing opinion of the AttorneyGeneral in r1·1,Tatrd to refunds of duty on coal ....... . No. 301, revoking authority of Union Surety and Guaranty Cornpnny of PhiladPlphia to do busi11ess. . ............................................................... . Xo, :iO'i, J>rescribi11g lights for vrssels 1111dr1· way and ut am•ho1· . ... . .. :So. 303, Jlllblishing resoh1tions of the Bonni of Health declaring the eity of Manila frer from Asiatic cholera ···················· ··················· :So. :m4, regulations for li('(•nses of vrssels in lforo Province ............ . Xo. 305, publishing Act 1095............ . ...... . Xo. aoo, i11st1"Uctions regiu·ding the p1·eparation, rte., of ehc<·ks for deposit in the Jnsular Treasury Xo. :I07, i1l\"iting attention of importers to the fact that eashiPr'" recripb at Manila ha\·e been 1i.ltPred . Xo. :ms, blank forms 1m1;i-·b_~; .. j;j1.iii·~~i~1~--C~~i~~s 8t"r\"i<~ Xo. :JOIJ, promulgating regulations for ~:~~-~~i~ .. ~·~: iPring and l'lruring llaragraphs X and XI revoked ....................... . ~o. :no, <•losing thl' ports of Alfonso XIII and Calusian, Puragun . . ...... : ....................... . Xo. :111. elru.;ing the port of I..oeulan, :Misamis ....... . N'o. 312, export shipments direct from entry ports ,·iu. nnotlwr port for transshipment ....................... . :So. :U:J, publishing treaty of peace aml protocol signed March 29, 1900 .................................. . Xo. :n4, revoking Paragraphs X and XI of Cu11;to111K • .\dministrath-r Circular No. 309 .............. o: •.. N'o, :na, protl'>its not filt"d within time prescribed by )a,,. can not bc• entertained ............................. . Xo. 316, closing the port of Botolan, Y.ambalrs; }lugallnnes, Sibu,vnn Island; nnd l\Inlaba.ng and Polloc, Mindanao ·································· N'o. !Iii, closing the port of Cabnng1111, Z11111bale11 ... ~o. :118, publishing Act 1149 .......................... . ?S'o. 319, publishing letter from the Auditor in re>· gard to mrthod of t11king up,reloeipts ...... . Xo. :120, publishing Act 1160 ..... ('ustomi.; Administrnti\·r Cir<'ulars (by i;ubjP<'t)• .\<'ls publh1hedNo. 1025 No. 1032 No. 1_0:17 .. :111 311 :111 312 !148 :112 312 312 :n2 :112 350 :J50 480 :151 a;:J 470 477 480 495 496 496 4116 406 49i 25 ll7 102 (j INDEX TO THE Custom~ and Immigration, Bureau of-Continued. Customs Administrative Circulars {by subject)-Cont'd. Acts published-Continued. Xo. 1065 .. . No. 1066 ..... . No. 1095 .......................... . Xo. 1149 ..................................................... . Xo. 1160 .............................. . ...\1hnf'11sureml'nts of \"essels, feeli for ........... . • .\1•penls. rules for forw11.rding, from ~ubporb .... Artit'les imported through the mail11o, tree.tml'nt of. rl'1.•·ulnted ......................................... . .·\ttorney-Gent'ral, opinion of. in regard to refunds of duty on conl, published. . .\uditor. ll'ttl'r from. in regard to method of taking up re<-eipbl, publi~hed ................................... . Harkentine .-1 fta; licenl\c fees; l"ight to certificatt> of J>roteetion ···--··································-············ Hond:oi, export, time 11llowf'd for filing .......... . l'he<'kll-, ini;trnctions reg11rding the preparntion, l'h· .• of, for deposits in the Jnsnlar TrP11snry .... Coallt im1peetion districts. Bacolod and San .Josr de Bne11avi:o1ta, combinl'1L ................. . Coins, mlue pstnblished by St>1·rrUtry of the Treastn·y ...................................... . Customs Administrativt> C'ircnlar11~o. 195, amended Xo. :mu. Paragraph!! X a.nd XI of. re\•okecL.. D1•bts. liability of eustoms t>mployees for .... . ,Executh·e Order No. I, 1904, 1mblisbed ................. . 1''orms, blirnk, sold h~· Phili1>pine Custom:oi Sen·ice .. Gifts or soun•nirll srnt by mail to the United Rt.ate" . H1•alth, Hoard of. re.solutions-Abolishing interinsular qunrnntine, publishf'd .. Declaring the city of Muila free from Asia.ti«· cholera, published lloilo. ,·rssels, in, lo hl' admeasure<l hy W. T. Wnlter.jr lmpor\A>ri;, attention of, invited to the fact that cashier'i; recript!i at Manila have been altered ... lmmlar Affairs, Bureau of, (.'hif'f. letter from, publishL-11 .... Ligatic, Pana~·- namr of port of. changed h1 Srw Washington .... Lights for \"PAA<'hl under way and at anchor. 1wr11cribed :Merchandise subject to ad valorem rate of duty ... }foro Provinl'e, \'esscls in, regulations for licenMes of .................... .. Xeutralih'. l"nited Statf'll laws in respe<'l to. publj,~h~d . Qlticial number 11nd signal letter, applicution for. for1n of ............................................. . Official number. a11signment of, to vessels, by Coll('(•tor of Customs P1•11er, trenty of. and protocol signed March 2!J. 1900, publi,;hed .. . ......................... . Pilot.l'I' 1111s0<•iation, rules and regulntions .... Pilob. fl'rs to In• rharged by. Porb closcdAbuyog, J..eyte Agutaya, Para.gua . Alfon!'io XIII, Paragua . Botolan, Zambales ·-····--·-···········--·-····-·· -···-··· Bulalacao, Mindoro _ Cabangan, Zambales . Calasiun. Paragna . Page. 208 300 312 496 4Ui 42 1• :JOU :nt 4110 IOI 21i :n2 10 290 480 118 llR :t;iO 2!JO :112 :n2 :JOI IOI :t4R 299 :n2 :!IR 12 II 47i 96 26 :n1 208 :Jlil 496 208 406 :iii I Customs and immigration, Bureau of-Continued. Customs Administrative Circulars (by subject)-Cont'd. Ports closed-Continued. D11laguete, Cebu .......... ·--··--·······-··-········· Jagna, Bohol ... ····-······-· ............................ . Loculan. Misamis ....................................... . Mala bang, Mindanao ................................... . Mngall11nes, Sihuyan Island ........ : .................. . N11g11, Cebu ............................................... . Oslob, Cebu ........................ . Pollm·, l\Iindanao ·-············--···-··-··-···-·····-·············· Santa M11ria, Mindan110 .... Sual, P1111gi:111imm Ports openedAlaminos, Zambnles ..... Barugo. Leytc Protests nnd appeols, ('Onsolidatrd rulc11 for forwarding ................................................................. . Protcsts---N'ot filrd within time preseribed by htw, mm not be entertained ........................................... . On' 1.roods entered for bond, regU.lations for tiling, provided ....................... , .............. . lluarnnt.inr. inl«•rimmlar, resolution of the Honrd of lii>ullh obolishing, publishecl Hr<oeipb1, lettt>r from the Am)itor in regard to mcthml of taking up, published ........................ . ''Holl" furnished to vessels, price of .. Hhipnwnts, export. direct front rntry J>Orts \0 i11 1mothcr port for trans1d1ipmrnt _. Hi1,>1ml )('Ll<•rll nml olliciol numbers, additional regulntions for ililluancc, published ............................ . 8il!Jlal letters, ossigum<'ni of, to \"csaels, by Colfoctor of C11stom11 ····-··--··-··-··--··-·-·-·········-·· ~pc<·iHI ngeDts, dulie:oi 1rnd authority of •..•.......... : ..... Storage, rates of, at entry porte ......................... . fUorage. ra tt's of, ports ofBongno ···················-····· C11pe Mf'lville ·-······-·········-··-······ (;('bU ..•..........•..•..••..•..••...•..••..•.. lloilo .............................. . ,Joto .... Puerto Princesa ................................................... . Z11n1boanga ................................ . S11bpo1"t11, rule11 for forwarding appeals from .... Tintnrron, separation of indigo from, on t'xport entries ....................................................................... . Tonnage tnx, annual, upon caseoes and similar \ 0es11eh1 ··-·--··--······. .........• . .. -···-··--···-··-·········· t:nion Surety and Guaranty Company of Philn· dPlphill, authority of, to <lo businHl'I, revoked .... \'elllll'l11Entering and clearing, reguhttiomi for ........... . Home port of, to be painted on vessel's Mtcrn .. . Xame of, official number, and signal letters, to app1•1u· on all documents ........................... . Name of, to be painted on each side of the bow Offi<'ial number of, to hr car\·ed on n111in heom .. \\"ntc.r11, W. T., jr. to adme111111rr \·l"!lsels in Iloilo .. F:x1>0rts from the Philippine Islnnl\sUy L-O.lendar yeari.; . Summaric11 ···-···-···--············ General statement of the <'ommf'r<'f! of thl' Philippi_nei;; for fiscal year ending .Jtmf' 30. 1903 ........ . Hongkong tonnage ....... . .................................. . Imports and exports. by 1•01mtrif'~, .J:nmary, 1903 and 1004 .... ·-·······-··-·····························--·· Page. IOO 100 373 496 406 100 ·100 496 311 12 12 207 300 4Uli 3ll 290 496 299 476 134 11 217 24 25 25 25 25 25 25 25 12 301 43 312 350 II 12 II II 13 113 74 182 114 276 OFJnCIAL GAZETTE Customs and Immigration, Bureau of-Continued. Page. Mapila Custom-House General Or1lers (by numbcr)No. 58, hand baggage to be examined on board \'cs!'iels ••.. 1:1 N'o. 59, conrnning boar1l for the examination of 11pp1icants for maRter, mate, patron, and en· ginecr ........ 4:1 No. 60, fixing rates of storage on goods remaining in Government wnrchouseR.... 119 Affected ..... 313 No. 62. regulating the office hours for the Manila cu:i;tom-house on Saturdays........... 110 Xo. 6:l, d~ignnting Mr. Wm. J. Spangenberg, information <"lerk of the Manha. cmilom-house... 1:14 No. 64, providing for the r<'mission of storngt> charges of less than 'PL... 219 ~o. 115, providing for the examination of all mail p11cka~s urrh·ing at Muniln. from foreign ports.. 2HJ Re\·oked .... 25i ~o. 66, prescribing regulations for the u~ of Form No. 57-.................. 256 Xo. 67, revoking appointment of chief liquidator lls member of board of protP11ts and appeals.... 257 No. 68, re\•oking Manila Custom-House General Order No. 65..... 2;)'; No. 69. fixing regular office hours for the M1milll custom-house during the heuted term......... . 283 ~o. ';O. supplemental 1·egulatiomi in re collertion of storage eh11rges... .. :n:J Xo. il. convening board for thr Px1uninntion of applic11nts for master. matt>. patron. and en· j!inPt"r 342 Amended 342 Xo. i::?. amending Maniln l'm~tom-Houl'lc> General Order Yo. 71......... .......................... :J42 Ko. 73, amending Manila Cndom-Honse General Order Xo. 48.. 351 :S-o. 74, requiring presentlllion of 1904 cedula bt>fore payment of May salaries. 154 No. 75, pro\•iding regulation~ for clelh•ery of sample eases to appraiser's 11lores..... 480 :Manila Custom-Hou!K' General OrdPrs (by subject)Baggage, hand, to be examined on board vessels from foreign porb.... . 13 Baggage left in cu11tom11 custody. ratei; of storage.. 119 Chief liquidator. appointment of HJ-I member of board of pro~ts and appeals, revoked..... 257 De la Sala, Capt. Robert M., appointed member of board for examination of applicants for master, mate, patron, and engineer....... 342 Cedula, 1904, presentation of before payment of May salaries, required....... 454 Form No. 57, regulations for-the use of..... 256 Goods remaining in Government warehouses, rates of storage . 119 Manila Custom-House General OrdersNo. 48, amended........ 351 No. 85, revoked 257 No. 71, amended...... 342 Manila Custom-House, office hoursDuring the heated term 283 On Saturdays ..... 119 Master, mate, patron, and engineer, board for examination of applicants forCapt. Robert M. de la Sala, appointed member ,-ice Capt. Vicente Verzosa, relieved..... . 342 ...... 4:J, 342 Customs and Immigration, Bureau of-Continued. Ma.nil& Custom-House Genera.I Ord.ere, etc.--Continued. Pa1·kages, m11il, from foreign ports, examination of, providl'd ....................................................... . Pmtests and Appeals, Board ofAppointment of chief liquidator as member of, revoked ......................................................... . Seeretary of, appointed member ......................... . H1un1>le c1u1es onlered to nppraiAel''!I stores, regulations for deli\'cry of ................................................. . Sp11ngenberg, Wm. J., designated information clerk of the Manila custom-homw ..................................... . Storage charges of less than Pl, remitted ........... . 8ton11-,~ charge!!. 11upplemental regulations in re l'ollcetion of_ ......................................... · Storn,:ce. ratt•l'i ofOn baggaf,_te left in customs eustody ................... . On goods 1·cmaining in Government warel1ouses ............... -·············-··-······-··-······Verzmm, Ca1>t. Vicentr, relieved as member of the board for Pxamination of 11.J>plicants for master, matf', patron, and engineer .............................. . N11111esDe 111 Sain Capt. Uobert 1\1., appoi~ted member of bonrd foi' examination for master, mate, patron. 11nd "engineer ............................................................... . Spungenbcrg, \\'m .• J.. designa.trd information clerk of the Manila custom-house ................................... . Vcrzosn, Ca11t. Yirent.r-. reliev('d as memb~r of Board for examination for ma11tcr, mate. patron, and engineer. . ..... \\'nters, jr., \V. T .. 11uthorb-.t>d to 11dmeasure \'e8SPls in Iloilo Ports in Philipp·i~~-i·~-j~~d~:-~~;~1·~-~-1·~--~i~~--f~~:::::::::··· Tariff Dechiion Circulars (by numbcr)Xo. 342, seal pres11es, not machinery .... . Xo. 343, license feeH, barkentine Alta.. .................... . No. 344, adrneasurement fees, lorcha. Iroquois .. . No. 345, cotton tnHes, embroidered ........................... . No. 348, rice huller, detached parts of ....................... . No. 347, razor hones ..................................................... . No. 348, handkerchiefs, figured in the loom ........... . N'o. :J49, (I) lemon flavoring extracts; (2) !'ltrawberry fruit juice .. . .................................... . No. 350, horse clippers ............. . No. 351, Japanese beer bottles .................................. . No. 352, interpretation of rules 5 and 11 of the Tariff Revision Law, 1901 ....................................... . No. 353, "Quarterolas," barrels ............................... . No. 354, belt buckles ... No. 355, dl'ied litchces, classification ......................... . No. 357, "ca.rriage knobs" Ol' "apron studs," not nails ..... . ....................................................... . No. 358, oil of myrbane dutiable 'as a chemical product.. . ...................................................... . No. 359, retail va:ue not to be taken as basis fol' ad valorem rates of duty ......................................... . No. 380, packing for printing paper ........................... . :S-o. 361, wooden and copper segments, parts of a commutator for an electric dynamo ....................... . Xo. 302. I l) paper napkins, a luxury ol' a necessity; (2) deflni•g n manufadul'cd papel' ............. . No. 303, ( l) Maltese or Gozo knitted lace shawls; ( 2) defining paragraph 173 .............................. . No. 364, width of cotton textiles ....................... . No. 305, coriander seeds ............ . No. 300, cha.ff or forage cutter .. No. 387: wagons 7 . .... 219 257 257 480 1:14 219 119 119 342 342 134 342 13 275 • 10 24 40 41 41 42 115 115 95 95 96 96 06 115 131 116 • 116 132 132 13:1 133 8 INDEX TO THE - - - · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Custom~ and Immigration, Bureau of-Continued. Tatj.ff Decision Circulars (by number)-Continued. No. 368, nui.lleobfo cast-iron union Ranges .... Xo. :um, lmnd p11m1•s of wrought iron ..... Xo .. :1;0, strnwberry fruit pulp; prm1l'r\'l'd ..... Xo. :Iii, wooden type; ( l) canetl or (2) ehi11r.led .. Xo. 372, gns engine nnd dynamo ....... . ~o. :H:t. shoe poli11hers nmnufueture<l of wool .... No. :J74. (l) steam engine; (2) "boiler nnd detal'hed parts ............................. . ~o. :J75, anchors. chai1111o, t>lc .• 1,roods <>nterl'tl for l'Ol!sumption, no refund for rcl!xporta~ion ... Xo. :HO. additional charges ............... . Xo. 3ii. t•ommlnr supplieR; Austrian lhlJr .... Xo: :ns. gortA>r buckles, surtax on .... Xo. :HU. usl'd !!Ur~icnl instruments and lll'l'esso· ries; re frtt entry. Xo. :J80, towels. two in the pence, surtnx ll)l(llil'llbh• for making up ............................. . No. 381, blocks for almanacs not scientific, lite1·· Ill'\', uml urtiiotic work1L. Xo. :1s2. machine i;hcnrs not iw.wmill n111ehi11ery ... Xo. 38:1, invoice and entl"red \"llh1Ps not l'Onelu11h-1• us against tJ1e Governmt"nt . Xo. :J8-l, vph·ets of cotton nnd 11ilk ... Xo. :J85, bi<'ycles without tirr!i not duth1blc m1 dc-taehl"d 1>arb; No. 286, horse l'lipper11 are 11hears under pum· graph ;;4d ...................................... .. Xo. 287. blankets in the pie<'l', no surtax for muk· . ing up ... Xo. :J88, clu1111ificntion of kinrtoscopc nnd dne· matol?'rnph films und typrwriter ribbons ........ Xo. :J89, eonsular supplies . Xo. :mo. storuge ehargrs in the nut11r(' of rent. ~o. :191, {I) strawberry fruit pulp; (2) cherry juice ........... .. Xo. :J92, polish; russet dressing. 1>1111te, and whiting Xo. :J9:J, lmndkercbicfs in thl' pil't'<'. not liable to 1mrtax for "making up" .... Xo. :J94, black glass beads, >1trung ... :So. 395, :Maraschino cherries containing less than 18 per cent of alcohol, fruit sirupi< ... Xo. :mo. indelible marking ink dutiable as ··other (.'Olors" Xo. 397, teak timber, an ordimu·y wood ... !\o, :J!J8, globe \"alve>1 separately importt"d, not ma· chinery .................................. . Xo. 399, gold solder prepared for dentists, dutiabll" as gold alloy manufactured X o. 400, 1·otton textiles figured in the loom ... Xo. 402, willow baskets or telescope casc!S not tra\·eling bags _ ~o. 403, turn·buekle truss rods, classification of... Xo. 404, planer, matcher, moldei-, und water motor, not "sawmill machinery" ... Xo. 405, uniforms fol' 1·onsul, not entitled to frl•I' entry No. 406, flour sack11, printed ... Xo. 407, glass bottles, containl"rs of 11;tout .... Ko. 408, (l) boiled cide1·; (i) l'it1·<m So. 409, mcrchandiRe stolen afte1· importation ... So, 410, knitted undershirts, trimmed .... So. 41 l, holy water fonts, dl'Co1·ated; house d1"<·01·11tions ....................... -. .. .......................... . Ko. 412, mat.crial und 811pplie11 imported by pri· rntc c·ompany for Nn\·y, dutiable ........ . Page. 133 207 l:J4 215 210 216 235 236 2:J6 2:-n 23i 237 2:J8 2:J!I 2:m 240 240 241 241 242 242 242 254 255 t55 256 256 282 282 :J41 :ms :J69 370 :Jj'O :no :171 :111 371 :J72 ;172 :mo :mo Customs and Immigration, Bureau of-Continued. Tariff Decision Circula1'8 (by number)--Continued. No. 413, sepamtor ntted in a 11nwmill not dutiable as sawmill machinery No. 414, <.-otton tulle lnce11 ...................... . No. 415, gun <.'O\'ers 01· ritlc c11sC11, classifieation of.. .. No. 41CI, rooting p11int>1 ............................................ .. Ko. 41i, or11amentnl pins, tll'tilieinl !lowers .. . Xo. 418, fruit 11irnps or 11irup or ca.ne and fruit juice11; lla\•oring extracts No. 41!J, country or cxpo1·tntion, \'nhtc in prineip11I 111111·kl'tll of ................................................... .. Xo. 420, wntchmen's elock11 ........ .. Xo. 421, fountain pens, ela88ifi.cation of Xo. 422, jars of ordinary ghu111, painted 11nd gilt, clm~sification of ........................................................ . Xo. 42:J, schoolbooks ................................................. . ~o. 424, powder puff!! 11ot "fr.11thers for ornaments" Xo. 425, bottled liqnor11, method of as11essing duty on ............................................ . No. 4i£1, "1',ermris'' mctl"rs, wnttmeters, etc .......... .. No. 427. carriage springs of wrought iron steel, not "ca11t in pieces" ................................................ . Xo. 428, cnist steel tires nnd wrought retaining rinb'l>, not duli11hll' as rollrd tires and hoops ... Xo. 42b, nntifriction cooks or bushings, not hoist· i11g 111•J>arattu1 ... .. ............................... . No. 4:JO. linl'n textileis, hnlf blenched, charges ......... . Ko. 4:11, gh111s jario; of ordinary hollow glassware .. . Tarifl' Deeii~ion ('irculario; (by 11ubje<.-t)Admeas111·l'nw11t of vessels, fees for .................. . Atl \'lllorl'm r11lt"11 of duty, retail value not to be tukl'n ns lm11iK for ... Almnn11<·11, block11 for, not scientific, litcl'ary, and artistic work111 ........................................................... . Anl'l1or11, dmintt, el<"., entered for use, no refund upon rl'i!XJ>0rtation .............................. . B1u1kets, willow, not trn\·cling bags .. .. Beuds, black glass, strnng ..................................... . Belt buckles ............................................................... .. Bicycles without lirei;, not dutiable as detached parts ................................................................ .. Blankets in the piece, no :oiurtax for making up ... Boiler and detached partK ........................... . Hotl1C11, beer, Japanl"se ........................ L. Hottles, glass, containers of stout ............................. . "Cania1-,re knobs" or ''apron studs," not nail!! ... . Chaff or f01·age cutter .. Chjtrbres, additional .................... _ ..... .. Cider, boiled ........................................ .. Cincmatograph films, elassiflcation of ..................... . Citron, clusiftcntion of ................................... . Co11k11, antifriction, or bushings, not hoisting ap· paratus ............................................................... .. Commututor fo1· electric dynamo, wooden and cop· per seb"lllCHts, parts of .......................................... . Conrmla1· regulation11, 1896-1',lng, right to Oy, on ve11Keh~ .......................... . l"or('ign ships, right to nequire p1·operty in .. . Consular supplies ............................... . Austrian flag ............................... . Coriander st"ed>1 ......................................................... .. I>yna1110 ................................................. .. Dynamo, rll'ctri<'. woodl'n and t-opper segmenb. parts of a ('Omntutater for .................................... .. Exportntion, country of. \"alur. in principal nmrkeb of ...................................................... . Page. 391 302 302 392 392 39:1 304 394 .,,. 394 :J95 454 474 474 4i5 476 476 4i6 96 238 236 369 256 95 240 241 236 115 371 131 l3:'i 230 :iH 242 371 475 131 9 242 237 132 216 131 393 OFFICIAL GAZETTE Customs and Immigration, Bureau of-Continued. Tariff Decision Circulars (by subject)-Continued. "Ferraris" meters, classification of .. Flag, right to fly on ''essels ... Fonts, holy water. houiie decorations . 1''oreign aihips, right to acquire property in .. lt'ountain pen!'!, ·clasi;ification of ..................... . l<'ruit. pulp, strawbe1·ry. preserved .. Fruitsirups ............... . Garter buckles, sm·tn.x on ... Gas engine and dynamo ... Globe ,-ah·es, separately impo1·tt!<l, not n111chinPr~·-·· Gun co\"e1·s or riHe C'ase&, chlssification of ..... . Handkerchiefs figured in the loom ... Handkerchiefs in the piece, not li11hlP to 1111rt~1x ... Horse clippers ................................ . Shears under paragraph 54 ( d) .. Jnlc, indelible, dutiable n11 "othl'r color11" ... Im·oice and entered ,·nhtf'fll not ('()nclusiw against Government . Jars. glass, of ordinary hollow gla1111wu1"t' ....... . Jars of ordinary glnss. pnint.t>d nml i..rilt. t•h1101ilk11· tion of ............................. : .............................. . Juice, wild cherry ....... . Kinetosoope films, classification of ..... Laces, cotton, classification of ..... . Lat-es, tullr. cotton ..... Lemon, fta\·oring extraC"t ............................... . Linen textil~, half blcachrd, chori.'1.'11 ... . I~iquors, bottled. mrihod of n.si;essing duty m1... Litchees, driC"d, t•lnHifil'ntion . Machine. definition of Marn11chi110 eherrif't1 conhtinin~ h•1111 than IH pt•r cent of all'ohol.. .. Material and supplie11 importrd by pri\'1ttr t•om· pany for Na\'y. dutiablP. . Mercl1andise stolen. no allowance can be ma.di' for. in as.<Jessmenb of dutiP11 ... Motor, water. dutiable us "hydraulic motor" ... Myrbnne, oil of, dutiable as u chemical produ<'t ... Napkins, paper, a luxury or" necessity ... . Pa<'king for printing paper .................... . Paints, roofing Paper, manufactured, definition of ... . Pins. ornamental, artificial Rowers .......... . Pinner, matcher, molder, and water motor. not "sawmill machinery" ................ . Polishers, shoe, manufactured of wool... Polish, russet dressing, paste, 11.nd whiting ... Powder puff's, not foothers for ornnmenb ... Proof, burden of, on person impeaching appraised valuf'~ . . ..................... . Protc<?tion, t.-ertifleate ofAdditional privilege for vessels holding ... Issued to what ves11els ................... . Persons entitled to ... . Right to ........................................... . Pumps. hnnd, wrought iron .. . "Quartl.'rolas,'' barrels ... Razor hones. classification of .. Rice huller. detached parts of, classification ..... Rod1:1, tru1111;, turn·buckll', clasidflcation of ... Sacks, flour, printed SchoolbookH ................................................................ . Seo.I presK, not machinery .. . Rrparator. not dutiable aH sawmill macl1inery ... 2_2367--2 ..... 474 D :mo D :m4 134 256 237 :.!16 28:l :J92 41 :!55 42 241 282 2:m 4ill :Ul4 254 242 10 :m2 41 4ifi 454 !)(j • 250 :mo :J72 .370 DO "" 115 392 ll6 :102 370 216 255 305 Customs and Immigration, Bureau of-Continued • Tariff Decision Circulars (by subject)-Continued. Shawls, Maltese or Gazo, knitted ............... . ShearH. niachine, not sawmill machinery .... . Similitude l'Ulcs, npplic&tion of ............................... . Solder, gold, prt>pared for dentists, dutiable as J.,>"Old alloy mnnufncturcd...... . ....................... . Spanish books not free of auty under paragraph 382 (0.) •..•...•.......................•..••..••..•.•••.••..••....•....•.... Springs, carl'iage, of wrought iron· or steel, not "ca.st in pieces" ............................................. . Stean1 engine .......................................... . Storage charges in the nature of rent ...... . Storage, rates of, when flxed and promulgated can not be modified... . ..................................... . Strawberry fruit juice .............................................. . Strawberry fruit pulp ............................................... . Surgical instruments and accessories used; re free entry of .............. . Sirups. fruit, or sirup of cane and fruit juices, Oavoring cxtl"llcts ........................... . Tariff' Revision Luw, 1901Deftnition of paragraph 173 ...•..•... Interpretation of rules 5 and IL .... . 1'eak timber, an ordinary wood ............................. . Telescope cases not traveling bags .... . Textiles, cottonFigw-ed in t11e loom.. . ..................... . Width of ........................................ . Tires, cast stet-I and wrought retnining rings, duties on ................................. . Towels, two in the piece, 1mrtux applicable for making ti)> •.......•.....•.......•...•.........•...•.•...........•.••.. Tull~. cotton, embroidered, duty on .......... , ............ . Type, woodc11. carved or chiseled. Typewriter ribbons, classification of ..... . Undcr1:1hirts, knitted, trimmed ..................... . Uniformd for consul, not entitled to free entry Union flange1:1, malleable cast·iron Velvets of cotton ancl silk ....................................... . VesselsAdmeasnrcment of, fl'CS for ........ . Right to fly tl1e flag on... . ......................... . Right to acquire property in .. \\'agonsi ................................... . Watchmen's clocks ..................................................... . \\'attmPters. classifl1·ation of ..................................... . Tal'itr Revision Law, 1901, interpretation of rules 5 and 11 as applied to knitted and lnec shawl11 contain· ing metal threads................... . .......................... . Vessels licensed in the Philippine blnndii 240 ('m;toms Appeals, Court of: 207 95 40 24 3i0 3il 394 391 Court vacRtion. Act providing for ............. . JUdi:,"C!SAdditionaJ vacntion every three years .......... . Assigned for vacation dutyHold special term of Court of First Instance, when ............................. . Not more than once in two years .. . One to remain on duty during ......................... . Pny during vacations.... . ........................ . Spend vnca tions where .... Decisions of appcalsNo. 505, Kuenzle & Streiff ............... . No. 580, F..d. A. KPller & Co. 9 . .... 116 239 341 341 239 474 235 242 242 41 254 237 393 116 115 282 369 368 132 475 238 10 215 242 372 370 133 240 133 394 4i4 115 276 195 195 195 195 195 195 195 238 255 10 INDEX TO THE Customs Appeals, Court of-Continued. Decisions of appeals-Continued. No. 561, Erlunger und Galinger .. No. 569, 'Warner, Barnes & Co., Limited .. . No. 5i5, Warner, BM"nes & l'o .. Limikd .. . No. 595, Behn, Meyer & Co .... . No. 59i, Ed. A. Keller & Co .. . No. 598, Ed. A. Keller & Co .... . ~o. 600, Wurner, Barnes & Co .. Limited ... No. 608, Ed. A. Keller & Co .. . No. 610, Kuenzle & Streiff .. . Judge of, leave of absence of... JudgesAppointed from United 8tates. trn\"eling expensC'" to l\fanila . Court \'ll('lltions . Prodsions of Act No. 1040 not applicable lo .. Trnnsportiltion, Manila to place of rC'si<lcnce aftN three rears' scn·ice ..... . To net on Court of First lnsbnce. wlwn. Customs inspectors. not classified. when ... Customs. Insular Collector of: C'ontrol of wlu1.rves ... Currencies, Aci prohibiting importntion of. ('nfon·ed hr Exportation of food productsCertificnte issued hy ... Hegulation,; for. grnnted Isabl'iil de ll11silan. may <'h•ar Lighterab.-e and harbor busim·ss. to lwen<e .......... . Daet, Am hos Caniarint>s: President, bourd of hralth, salar:-.'. T'rannniv frnnchise to C. W. Cnrson ... Debts payabie in lo(·al ("UITt>llcy ... Deceased employees. (See Employees, dt>t•east•il.) Decisions of the Court of Customs Appeals. (Sn' Custom,.; Appeals, Court of.) Decisions of the Supreme Court. (See 8npr<'lllt' Court Decisions.) Decisiom1 of the Supreme Court, reporter of. . Del-Pun, Ortigus, nnd Fisher, frinr lands attorn<':'>''·"··· Depuy, Louis J., estate of, rcimhursemrnl lo ... Director of Posts. (See Posts.) Disbursing Agent at Washington. D. C'.: Page. Electric Street Railwuy. \See Street ruilway.) Page. Emplo~'l'<'S: 2411 .-\mounts due C'stntf',; of2;rn l'itimns of United Stutes, paid to Insular Treas· m n 241 Citizens of Islands, puid to legal rcpresentntive... 'jf) 4ili Dcdm·tion from p11y .. 2i8 240 Ll'a\"c of absence in case of suspension . 278 3!11 :1\IC'dical ntilmdnnce . 362 :m2 Oflice hours . 77 241 Pay, dl'duetion from . 278 278 412 Heduction of salnry. SalnryPnyable in Philippine t'lll'l'Clll'Y··· H);) Hcductiou of ................... . 17 278 278 rn;; Susprnsio•n of, without pay . i!J Trnnsportation of, rnh•s go\'l'rning ( Exccuti\'e 0J"dl'I' No. li). J!I;) EngC'lbrnt'ht, Chns . .-\., appropriation fol' .. 305 l 412 EngiTl<'('l'ing nnd Public Works, Dcputment of. (See Ma210 niln. <'ity of.) Enbrinrering, Bureau of: 408 Appropriation . 147 7!1 Consulting En~inecr, physic·ians aml surg-,•ons appointed by.. 147 Oal't trnmway, pow<'n; rcspec•ting .................................. :119-322 2!1 Emplo:-.·ces entitled to medieal atll'ndance, when... 147 414 l'N diems in lil•U of l'Xpcm;rs . 363 :JSO Engint>er of seagoing \·essel. (See '.\luster, mat<>, efr.) J<~nglish lunguagr. Huprl'JJll" Conrt dt•l'i,;ions publislll'tl in.. 2!11 ~WI Erlanger & Galingcr, appeal to Court of Customs Appeals.. 240 :JI!J Emtta .... 425, 497 lOii Estrn;rs. disposal of 402 Ethnological Sun-Pr, appropriation . 141 Exnmincl' of titlrs, Hcgister of Dreds ol' fis(·al to 111"i as.... 30:! Ex<'cuti\'e, appropriation . t:n Executive Bureau, appropriation . 1:17 Exel'utivc Orders (by number): No. 109. (l!J03), designating ('Crtain judges to n•main on duty during the vacation period ... · Appropriation for ... Purchase of supplies for Insular Pnreh11sing Agent 2~5, 305 1!)6 No. l, rclnth·c to exchange of Hpnnish-Filipino and Philippine currency for a Jl<'l'iod of six months, 11nd reception of the latter for nine months in payment of public dues, January 1, lll04 ... No. 2, modifying Exeeutiw Orcln No. IOO, series of 1903 ......................... . 20 Disbursing officers: Auditor's clearanee before lf'11ving Islands Exchange of money h:-.·. notice to Auditor ... Fidelity bonds, payment of premium on Notice of designation, to Insular Treusurl'r Usurper in office, not to pay salary of... Vacancy, notice to Insular Treasurer .... 125, 155 278 279 209 279 No. 3, fixing office hours for Burf'tllls nncl Offices .... No. 4, extending the timP for assessment revision in the Province of La Union ... No. 5, authorizing the public11tion of legal notices in the Manila. American ... '.'l;""o. 6, extending the time spet"ified in Executive Order Xo. 100, rno:1, as amended .. 20 4!1 80 80 Division superintendent of schools, Albay. library board ... ~o. 7, ratio of exchange of 8panish·Filipino currency, .January 30, 1904 . Drafts, payable in local currency. stamps upon .. . Drainage, regulations of, in Manila ...................................... . F.ducation, Bureau of: Appropriation ... . .......................................... . Normal school, adv,mced courses in Primary education in the Philippines ... Special teacher,;. notice of examination for .. Elections: Municipal, who disqualified to rntf' at. Provincial governorsConfirmed l06 40!1 J.)2 448 ;)8 262 }(I;) 80 No. R, postponing the gubernatorial elections in Cn\'ite and habela Provinces .. 80 Xo. !), regulations go\'l'rning the granting of lea\·es of 11bsc1we under Act Ko. 1040... 120 Xo. JO, relatin• to trnnsfcrs of prisonPrs from p1.·o\·in· l'ial jails to Bilibid 155 Xo. 11. rules go\·erning .-;hipnwnt of fr<'i,!!ht 011 Coast Guard steamers 166 Xo. 12, <"onfirming th<> <>led ions of govemors in twentyfour provinces .. 212 10;; Xo. 1:1, confirming the l'ie(·lions of the gO\'l'rnors elect 80 of lloco,; Xol'tC'. Pa11gasim111, and 8orsogo11... 245 OFFICIAL GAZETTE" 11 Executive Orders (by number)-Continued. Page. Executive Orders (by subject)-Continued. Page. No. J4, nppointi11g a. committee to examine and r1•11ort on damage to nrw rrt.uining wnll at works of tlw Officers' accounts, report to be forwarded to Auditor... 364 Postponing electionsport of Manila ......................... . 2i0 Cn\·ite .... ........................................................ 80 Xo. 15, ratio of exchange of 8punish-1"ilipino rurrcn<'y. lsabcla .. 80 April 12, l90·L 2!12 Prison('rs, transfer of. to Rilibid 156 No. 16, amendingExt'<'uti,·c Ordrr No. 80 (>1rries llJO:.!). rl"lnti\"e to mailing copi<'S of Govl'rnmcnt publi1•11tionK Hntio of exchange.huumry I, 11Kl4, Pfl'>. 1.12 to Pl 19 lo Bureau of Insular Alfair.i...................... 292 .January 30, 1004, Pf11. I.IO to Pl....... 80 Xo. li, pro\·iding l'llles go\'erning thl' tm1111portatiou April 12, 1004, Pfs, l.13 to 'Pl....... 292 of Immlnr offiC?ers, tl1('il' lmgi..-rnge nnd frright, by . lluy 24, 1904, Pfs, l.10 to PL............. 416 Coast Guard boats. .. :mii .July I, 1904, Pf11. 1.13 to Pl......... 627 No. 18, confirming elections of the go\'l"rnors ele..·t of TaX·l\S!l(>ssment list, revision of, IAl Union. 49 Leyte and Antique .... :J05 'l'ra11sfer of prisoners to Bilibid........... 155 No. 19, amending Executh·e Order No. lOIJ ( HIO:J), i;o Tr1111s1>01·ta.tion on Coast Guard boats 30.5 as to require Hoci;on, .J .. to remain on mention duly VnC"ation duty, judgel'I to remain on............ IO in the Ninth. Tenth, and 1',iftt>enth Judil·illl Di11trit·t11 :~:W In the Ninth, Tenth, and Fifteenth Districts.... 326 ~o. 20, amending l~xecnli\'l" Order No. 100 (IOO:i). i.;o as to require lt·kis. J .. to remain on \'ll(·nlior1 duty in tl1t" Ele\·enth, Twelfth, Thirtet>ntl1, nnd Jo'om·t"enth In the 1';1eventh, 'J.'welftl1, Thirteenth, and Four· teenth Districts ..... ......................... 344 ,Judicial Districts ............................. . 344 Works of the port, damage to retaining wall, (-OlD· miltC't" 011 279 Xo. :n, reeonn•ning the c'OnunittN• pro\"idt•d by l~x1" enth·e Or<ler Xo. 100 ( 1902), an<I No. Hi ( 1110:1) .. Xo. 22, appointing a commilt.l'C to pni<:o1 upon Uowrn· ment car11.baos in Negros OttidPntal... ~o. 23, requiring chiefs of Bm·enu:o1 to furnhd1 the .Audi· tor eopies of rcpol'Li on offieer11' o.eeounts .... ~o. 24, ratio of exelumgc of Spani:o1h·Filipi1m ''lllTCD<·~-. May 24. 1904 ................................ . No. 25, confirming election of thf' i..ro\'f'rno1· f'lf'1•t of ('agnyan .... No. 26, fixing cn11toms limits for port of C1•bu ... No. 27, rpquiring 'l'reasur~- i1111pl'1•tor>1 to rxarni111• 1u·· t'Ounts of elt>rks of Conri,; of 1',ir,;t lm1ttme1• .... No. 28, applying the pro\·isions of At·l i81 to the Con· i;tabulary of Batangas Pro\"incr .... Xo. 29, rntio of exchange of Spnnh1h·1"ilipino eurrenc~-. .July 1. 1904 .. Exet•utin• Orders (h~· subjeet): Bilibid. transfer of pri~ners to ... Bureau of Insular Affairs. mniling puhli,•11tion:o1 to ... Carabaos, Government, committ<"<' to pm1s upon .. Cebu. port. of, customs limit,; 11t... Clerks of Courts of Firi;t Jnstam·C', Trt>ils\11'~' i11sp1•1·tors to examine accounbi of ... Coast Guard sb•amN·.i, shipments b~· ... Committt"C designated in Xo. IOO ( l!JO:l). 1·1•1·011\'t•nt•tl... Confirming eleetionsAntique .. .. Cagayan .. . lloc~os Norte .. In twent.y·four pro\'inC<'i< . J.A>yt<' ... Pnn1,iasinan .. Sorsogon Constabulary of Hatangas l'ro\'im•e, • .\ct jH) 11ppli1•d to }<~xecuth•e Order No. 100, extending the tinw of com· mittee on . Freight, shipment by Coast Guard 11te11men1 .. Go\•ernment publications. mailing to Buman of lnsnlu Affairs ....................... .. Gubernatorial eleetions in babcla and C11\'itc, post· pont>d .......... . Hocson, Judge, to remain on \·1u-ation duty ... Ickis, J., to remain on \'ac:ation duty ... I~eaves of ab.senc<', undtor Aet HJ40 ... :Manila. American, publication of notic·es in ... Office hows, fixing ............................... . Jo~xPtmth·<' SPCr('tnry, Honorary Ilonrd of Commissioners in :tli:t l'imrge of. . ......................... . Exhibit, J..011isia1111 Purdinsc Exposition. 11ppropriation ....... . :tti:t Exp1•n!oi<'s, per· diems in lieu of, Dnreau of }<;ngineering ....... . Jo:xportnlion of foot! produl111. (8r(' Food prodm·~.) au.i J<;xports from the Philippine Islnnd11. (8et· C11stonu1 nnd lmmigrntion, Hurcm1 of.) 4 l:"i J<~xposition Hoard: 4l;i -l;iH -lii8 482 52j 15il :.!!12 363 4;i8 4;iH Advnnc<"s mude by, to conc:essionairPs, when ..... ..\gPnh!, ticket sell('rs. und ticket takers nppointl'd hy .. C111d1 regb1t.c1·s. . ........................... .. Cashier, appointed by ......................................................... . CheC"k11, tickehi, cte., 1mpplied by ...... .. Chiims and demandi,i against. settlement.. ... Co11C<'11sionii.ire-Ad\'llnees made to, when ...... Seltlt>ment with, final, made by, wl1en ... Cont'f'11sio1111 at I..ouisinnn Purchase Exposition, may grant .......................................... . l~uestions of difference nrising between cashier nnd t·o11('('ssionili1·e settled by .................... . Quorum, 11bsentt of, vouchers appro,·ed by Secretary of Interior ........................................... . 1116 (Sec cilso Louisiana Purchase ExpMition.) :m:t Jo;xposition, Louisiana Purchase, appl'9"iation for 1'"11hrica de Talipapa Matanda :JO.i 1''arrc, Sah·ador, appropriation to settle claim of.. .. 415 1''idPlity t:om1mny, payment of premium to .......... . :.!-ti) Filipino students in United States, medical attt>ndanC'e 011 .. :.!12 ldnanC'e and .Jui,itit.P, Department of: :J05 245 245 -182 80 um 2!)2 .\1ipropri1ttion ............................... . Heeretat·y ofAppro\'nl by .............................................................. .. Bureau of In11uhlr Treasury, power11 with referen<·e lo ........................................................................... . Hurea u of ,Justice, powers with reference to ... lfoxican dollars 1mrchased upon direction of ...... .. Pt>rmi ... -.;ion of, to temporarily maintain deposit in loenl curren<"y ....................................................... .. 8('('rPbtry'11 Office, appropriation ................................... . so Fire DepnrtmC'nt. Uke l-lunila. t'ity of.) :J:.!R Fir11t Instnn<"e. Courts of: :144 Certiorari procce<lin~ in Supreme Court 126 Clerks of80 Dutic,.; ............................................ . 29 Trcasury inspectors to examine accounts of .. ~ ....... . 220 626 363 103 193 193 193 193 104 193 194 304 104 104 304 415 122 2iR 379 147 105 413 412 105 107 137 414 362 458 12 INDEX TO THE First Instance, Courts or-Continued. Fourteenth District, T..11nao, Moro Province Held by judge of another district, wh<'n .... Interlocutory jurisdiction in \"ill'tttionJudges liable to perform .... Notnries appointed by judge 1luring ..... ,Judges at large, ntration duties. Judges ofLnnd Registration, Court of, rr.quirt'd to a1•l on .... Leave of ubsence of ..... . Per diem, entitled to, when ..... . Provisions of Act 1040 not applicnhle lo. .Jurisdiction in Moro Provin<'e ..... Mnndnmus against judge of .. . Moro, J~anno Distril'l ............ . )fountain District, sessions. Mountain District, '"ncntion ... Notaries, appointment of during \"aention .... Prohibition against judge of ... Special term of, held by judge of Custom11 Appt•al11. Whl'D ..............•..•..••..•.. Thirteenth District, Lanno, :Moro Provint•I' ... Vacation 1'""iseal, provincial: Detail to another prm·im't" ..... Detail to other provim>c. how. Examiner of titles. muy be requind to 11<'t 1lM ... T~oocl products: Rxportntion of, N>rtifi<'aiP-..... . lmp01tation of, frtt, whl'n .. . Purity of, in M11nila. rt>gulnted ... 1'""orcst Act .. 1'""orest products: l~irewood ..... . License to remo,·e ............ . Gums and resins. Penalties for improper use of .......... . Removal of, from prh·ate londs. Uemm·al of, undl'r license .. . RPmo,·111 without liC'l'Rsl" .. . Stone and earth ... TimberClassification of ............. . Measurement of. l<'orestry, Bureau of: Appropriation for ..... _ ................................................. . Chief ofAgricultural lands in forest, t•ertificd by ....... . Certification committee, how eomposed ... . 1''orest product!>, may liccm1e rcmo\•al of. l<'orest 1·escl"\"c!I, may ret'Ommend .................. . Gratuitous liccm1es, muy gmnt. Municipal presidents, instructions to, shall furniMh Regulations, may prescribe ..... . Right of way, may grant ... . Sawmill sites, may leuse .. . Stone and earth, may licen!IC rcmovnl of ... Survey of forellot hmd11, may muke requisition fo1· .. Timber depot sites, 11111y lea11c .... Title to lands, may re11uit1ition 1111si.stanrP. to tl1•· termine .. Jo~mployecs ofAutho1·faetl to make 111-re11t11 .. Not to hon• pecuniary intcn~i;t in fon•st produrh ... P1·esrnt at· st11rti11g of cleal'in~ lirl's .... Rall' of for1•st producti; by Xl"ir.t><I prodm·ls l'l'moved without Jil·~·ni<I' ... Puce. Forestry, Bureau of-Continued. 280 Metric Aystem ndopted .................................................. . 412 Munfoipal prel!lident, agent of, in absence of employee ... Prh·utc forest lnnds to be registered in ................ . 412 l~orl'!!by tnxrH, payable in Philippine t>urrency .... . 458 Jt'ranchiscs: 412 .Jo:lretril' r11ilro11d nnd light oompnriy, Manila .. . i\lnlabon, l\·Inniln. to ............................................................. . 303 To Chtl8, \V, Car!!OD ............................................................... . 412 Tra1nw11y, to construct ....................................................... . 378 Ii'riar lands: 70 Uonds for purchaRC of~ 225 Dnte ......................... . 414 Exempt from a.II taxes ................. . 289 Interest ........................... . ;i26 526 458 414 lf).5 2811 412 362 41:1 :IO:I 29 29 409 404 405 406 406 407 407 406 l!!111mn(."l' of Not to be i-;old for less thnn pnr value ..... Paynblt>, when .. ProcecdH of 111lle, deposited, where .......... . H.cdce1nabll', when ................................... . Urbri11tered nnd transferable, where ... . Sel·retary of Wur uuthoriY.cd to sell .......................... . 8inking fund for pnymcmt of, ut maturity ... . Trn!llt fund eren.t""d to pll-;V prinl'ipal Rnd interest of Ct•rtiftc11te of !\Hit' •••••••.•••••• J)('I Pa.11. Ortiga11 & lo'isher, uttorneyR for Government ... Fund for payment of hond11 ............................. . Irrigation work of ........................ . Lratte of. l..t'H!ie or ~!Ille of, proeeed!-1 eonstitute-Sinking fund for payment of bonds at maturity ... Trust fund to puy principal and inte1·l'st of bond11 .. Xot "public landi;i" .. . ....................... . Pril'c of .................................................... . l'urehasc of Receipt for certificate of sale of ......................................... . Hl'vl'nucs derived from ............................... . Trn8L fuml l"ndl't" Bureau of Public Lands .. Page. 405 407 407 17 322 324 319 319 18 18 18 18 18 18 18 18 18 18 18 18 359 358 360 :100 :159 18 IS 358 369 359 359 360 360 368 407 Widow of purchaser of . 369 406 Frinr Lund" Act, The.... :168 Friar Jand8 bond11, a1>p1·opriation to pay interest on.. 343 405 U111·buge, 1·cmon1I of, in :Manila......................................... .. 409 405 Gazette, Offiei11l. (8(,'t? Official GnY.ette.) , UPncral Order!!, Wai- Department, No. 56, reducing the !!iY.t> 140 of the military resr1·vations ut the entrance to Manila Buy .......................................... . 482 405 Gifts, mailed to L"niWd States, subject to duty... 215 405 <1old-st11nda1-d fund: 405 404 401i 407 405 405 405 406 400 405 407 400 406 407 40H 407 Appropriation from, to pay principal and interest of ce1tifteates of indebtedness ........................... . Purchase of bullionCost of, charge again!!ot Money ooined from, accl"Ues to ...... . Heizures of Mexil'an or Hpanish-Filipino currency, }IOI'· tion of, IU~l'UC!I to ....... . Government I..nborntories, surrn, may mark animals affiictrd with (8,~e also IAlhoro.toril'11. nm·rrnment. Bureau of.) (fo\"t•rnor. Civil: .'\<'t regulating hours of labor. leit\·es of absence, I'll· .. t•xr1•uti\"l' onlrrs promul~uted by .... 155 105 105 413 7R Appointments b,_· .... .. . l, mo: 105 Pnblislwd in thr nnzettl'........ 43. 160, 219, 257, 258, 284, 313. 351, 395, 516 Approprintion 1:17 OJ<'.FICIAL GAZ.ETTE· Governor, Civil-Continued. Civil-sen·ice employees' Absence of, account illness, pay not withhPld npon direction of, when ..... ···--·····--··-··--·············-······ Absence of, account woundA or injuries, upon full pay, by direction of ............................. . Applicntionl\ for 11ecrued le1wc forwarded to, for decision,.when ........................ . Remain in :;ervice two years unless releaAed by ..... Resignation or den th of, payment for ncrrued leave made, how .............. --··--········ Commissionrrs, Honor1ny Board ofAmericnn ollk·ial lo nccompany, designaU>1l by .... Da~ of depart urr of, fixed by ............ . Disbursing offiffr for, designate1I by .......... . Offit·ers to accompany, per diem.11 of, fixed by ... l'ongressionnl relief fund, appropriation from. expended under direction of ········-·--···- ·-···-··-··--····-··-··-··-· Court \·ncations, judges to 1·emnin on duty dudng, named in executh·c order of Hours of labor, civil-sen-ice employ<!C1:1Page. llocos Sur: I..and tax, extension of time for payment-1903 ··-·-···-······-·····--··· ............................. : ..... . 78 1904 ····-····································-······--·· Provincial board, special board of equalization ....... . iS Importation of food p1·oducts. (Bee Food products.) Inaugural address, by Hon. J .. uke E. Wright ........................... . 78 Indebtedness, certificates of. (Ree Certificates of indebted· 78 ness.) Industrial tu, payable in Philippine cuneney ................... . 78 Insular Affairs, Bureau of, mailing Government publications to ....................................... ·-·········-···-·--··········-··············· I Insular Auditor, Examination of accounts, Chief to furnhih c·opy of report ..................................... . (Bee also Auditor. lnsula.r.) 2 lmmlar Go\-ernment, appropriation for. (Bee ..\pp1·01)1"ia· tion~.) 121 lmmlur Purchasing agent, Moro Province, engineer to 105 purehasc througlJ ............................................................ . (Sec also Purchasing Agent. Insular.) During heated term, may be reduced to fh·r hours.. i7 Insular salary and expense fund, appropriation .................. . Insular Treasurer. (See Treasurer, Insular.) On Saturdays, may reduce to fh-e hours... i7 lntendencia. Building, snperintendent of, appropriation ... Int.t>rio1·, De1)artment of: Pro\·ineinl bro,·ernor. election of. nmy be postponed h~·... 105 Heports to ··········-···-········· . ........... .. .. ... . .. .. ... .. ... .. ... 1, l05 Appropriation ····-··························-····· St>eretary ofno\·ernor:'I. pro\•incial: J<;lel'tion of. may be postpml.ed by Civil Uo,·rrnm mt'ctions of, confirmed_'\ntique (Exec·uth·e Order No. 18) .. Leyte (Executive Order No. 18) •... Heports, annual, to l>f' m11dr to Ch·il Go,·crnor ... . ~.\dditio1111l. whl"n . . .......................................... . :Moro Pro'"in<'e. rxc:eptrd .......................... . (~ray. \Vm. H., rf'imlmrsement to, appropriation ... Umu-anty Trnst Company of Xc>w York. proeel"ds of =>11le of bonds for purchase of friar lund!li deposited with ... Guzman, Pablo, eleetion as J(O\"ernor of ('a~ayon. eonfiruwd .. Harbor business and lighterage ................................. . Hen Ith, Board of, Philippines: Appropriation ····-···-··········-····················-······· Births and deaths, registration of .... City of Manila, powers and duties. Contagious diseases, pre,·ention of ...... . Approvals by ... Exposition Board. executive acts pertaining to, !~: Seereta~~~et~~:;, ~·;;~~;~i~i:f~;:····· ·--·--··-· ---·· ............ . ~~: Internal Revenue, Bureau of: 105 I:JO IS 415 380 138 410 409 410 Appropriation ..... Collector ofAct providing revenue and maintaining parity of eurren<'y, administered by ....................................... . Names of depositors of local currency, furnished .. Tux on locul currency deposits paid to ............... : ... . Preliminary listing of manufacturers Intoxicating liquors, sale of: Calbayog, Samar ·····-··-··-······-······-··-··-···-···· J .. ucena, Tnyabas ................................................................... . lsabela., Province of: Emergeney powen ...... . Esteros, eleani;ing of... 410. 411 410 Gubernatorial election postponed.... _____ -----··--··-······Land tax, time for payment extended ....................... . lnspectori;, sanitary ..... . ll:ll"riages, registration of ................................... . llorgues, regulation of ...... . Xuisanees Police, sanitary .............•... Surra, may mark animals afllietrd with Vital statistfos - November, 1903 . December, 190:1 January ............................... . February ............. . ......................... . April .... Health, boards of, munieipal. Duet. Ambos Cnnmrinf"s. salary Highway robbery, defined ... Honorary Boai-d of CommisRioner!I. (Bee C'onuni!lsionrrs. Honorary Board of. I Honorary Board of Commissioners to Exposition ..... Hooks, John M., appropriation reimbursing ... Hospital, Civil, appropriation ····Hours of labor. (8cc Civil srnirt>.) llocos Nort<'. Pl"Ovinee of. tax rr\·i>;ion. mnni<"ipnlit~' of Undoc ····-··· . 410 410 410 410 Non-Christian tribes, local government foi· ................... . Tax on carts suspended... ··-··--·--··--·--···-··-·· Isabela. de Basilan, port of, clearance for ............................ . .Jala.ndoni, Ma.tilde a.nd Esteban, tax revision ....................... . 410 Japanese, Government employees, not classified ......... . 413 ,Jolo, municipality of. (See Moro Province.) 329 J1.1dgcs. (See Customs Appeals; First Instance; J,,and 53 Registration; Supreme Court.) li:J Judicia1 distrielK. (See Fil'st Instance. Courts of.) l 7i .Justice, Burenu of: 263 Appropriation . 441 Honrs of labo1· in .. ···-···-··-···-··--··-··········-··-·----··-·Secrl'tllry of Finance and .Jnstice, supervisory powers .. 201 .Justices of the peace: 361 Basilan Island ... ····-·········································· 226 l:J!) 142 Daet, justice of, jurisdietion respecting unclaimecl llroperty ...... ······-·····--··--··-·--·---··--··-··--··--·····-···-···-······· ,Jo.lo, _municipality of, jur~sdiction .. ·············-··············-· Mindoro, bro,·ernor ex officio .............................................. . Moro Province, appointment of, for remote localities Preliminary investigations before ..... Suspension of, by provincial board. ·············--··-················ 411 Knpok fiber, article on··-······-··--··--···························-··---·--··--···· 13 Page. 290 525 500 81 292 364 200 lli5 154 138 194 194 137 149 121 106 106 525 499 499 80 412 325 413 414 500 210 150 77 412 lDi 321 197 378 4'57 379 363 269 14 INDEX TO THE - - - - - - - - - - - - - ---------------Page. Page. Keller & Co .. Ed. A., appeals of, to Court of Customs Librnry, American Circulating. (Bee American Cir<'ulating Appeals . 240, 255, 392, 4i6 Library.) Kul'l1zle & Htrdff, appeals of, to Court of Customs Ap· Librarian Collecting. (Sec Collecting Librarian.) peals . . ................... 238, 241 Licl'nses payable in Philippine currency... Ji Laborntorics, Go\"ernment, Bureuu of, appropriation... 142 Lightcrngc and harbor business.................................................. :180 L..1.borcrs, not classified . 210 Light-house construction, superintendent of, title changed... 146 La Laguna. Pro\·ince of: Light-house servicr, additional lights... I4fi Land tax, extension of time for pnymC"nt- Light.lwuse tenders: Tux for 1903... 243 Corrcgidor, salary of captain, appropriation.... 146 Tux for 1904..... 382 Pickett, salary of captain, appropriation.......................... 140 Loan to....... 29 Light-house, lmoys, C'lc., superintendent of, title changed... 146 Lnml Hegistration Act: Lipa, Batangus, loan for police of.... 481 Amended 303 Li11uor licenses, :Manila . 524 Xnvul reserYations . aso Liquor, listing nmnufueturers of... 5::!fi Hegisters of deeds, sahtries of ... Land Hegistration, Comt of: Appeals, procedure in case of ..... . Appli<'ation for registration of title ....... . (.'ourt \"U{'Ution, Act providing for .. ,Jmlges_.\dditional vacation every three years ... Assigned for \'acation duty not more than Oil{'I' in two years ... One to remain on duty during ... Pay during vacation ..... . Spend vacation where .. . Examiner of title's, register or fiscal may act us .... Fee, dispo,,;ul of... Fir"1 'ln~tunct>, judge of, to act when .. l<'rinr lands, suit to quiet title to .... .Judge of, leave of absence of... Judges_.\ppointed from linited States, trnnling <'Xpens<>s to Manila .. 2!:12 l..onns to prm·im·1•s: Abrn . 303 Antique, date of payment extended ... :104 Batangmi }9;) Cnvite .... lloC'os Sur . 195 Lu I.,ugunn . ~U<'\"ll Edju. payment C'Xtended .... 195 Parngtm . 195 Hizal . 195 Homblon . 19;) J,oe;1J c·urrl'n(·.r. (Nrf' ennen1·y.) :JO:l Loenl l'nr<'husing ..\g<'nt, 1•xtru allownn<>e to ... :J04 Louisiuna Purchase Expmiition: 41:1 _.\hstnwt of l'oil<'dions of ('01\<>essionair<'s .... :J;)fl .·\1°l0 011nt of eo1wr;;sionnire oprn to inspr<'tion of Board -1-12 ('ashirrAhstruct of 1•oll<'dions . .-\b:<tra1•ts of deposit trnnsmitted to Auditor und 195 TrrasurC'r monthly .. 211 l!J6 481 1!)6 211 2!1 41:) :!61 211 211 27!1 rn:J 104 Court vacation _ "";··· 1!15 Al0 1"0unt;; l"l'ndcrrd to ..\nditor month!:.• . 194 Prm·isions of Aet 1040 not applicable to... i!I Appointmrnt 193 Transportation, :Manila to place of residence aftN Assistants rn:J three year:s' ;;enicC'... .. 195 Bond;i . J!):J Bond . . rn:J Judges of First Instance aeting on.. :JOa Salaries of judges and ollieers of... :JO:J Collr<'tions mntle h:.•. how oft<'n . l9:J Surveyors eonneetC'd with... .. .. :!04 Deposits made hy, suhjr1•t only to order of Immliu· 'frcasurC'r . 194 Writ of possession, sheriff to serve... :!O:J Jo:mploymC'nt of. l'Xtends nntil wh<>n... 193 Land tax, extcn;;;ion of tim<' for p11yment: ..\\hay . l!l!I Oflil·I' fnrnitnr<> and supplirs... 19:3 Salary. IO:l ~~ ,. lsabela 412 C'onerssionairl'-:rnndoro . l\18 Ahstrncts of colll'c>tions submitted by... rn:i Pampanga . 4!JO Cel"tificatc rn:i Contents rn:i Lutrines, regulation of, in Manila.. 40!1 ..\e<'011Dts of . 193 Launches: :l1mie, crew of, appropriation for sulary of ... . . -lriel, crew of, appropriation for salary of .. . PrankfortEnrnings of, while in senic<' of Ocl"id<>ntll\ X<•gro,; Province, deposited with Insular 'I'l-N1s11n•r Hcpairs to, appropriation ...................................... . (lcorge Curry, appropriation for repairs to ... . Lexington, crew of. appropriation for salary of.. .. La l'nion, Province of, new assessment of l"C'a\ C'State Law Dl'partmcnt. (.See Manila, city of.) Lea,·es of abs1•nce: Hules gowrning (Executive Order No. n) .. Ruspension in ease of ... (See also Civil sen-iee.) J..epanto-Bontoc, Pro,·im·e of, appropriation LPtters. containing dutiuble articles ... Lihrnr~·. Albay, circulating. 144 Constabulary band ut, appropriation for .. 144 Deposit of receipts of concessionaires ... Honorary Board . Honorary Board of eommissioners to visit nt c:o,·ern\,)4 llJC'llt C'XJlenSI" .. \:i4 Heeeipts, n<"eounts of, open to insprction of Exposition 125 Board 144 Rr•onts und Constabulal"y at, extra pu,,· ... 357 (,qrr alw1 ('ommissioncrs, Honornry Hoard of; Exposition Board.) Lt1<'cna, Tnynbas. snloon limits . 1211 :'lfng-nC'y cnltur<>: 278 In Mrxico .. In tlw Philippinrs . 154 Mail: :JO!J Contuining dutiable nrti<'lrs . »23 Daet tramwa:i• to cany .. ···························-··-········~··· .. 227 193 226 19:J :JH2 448 67 :J09 321 OFFICIAL GAZETTE l\lalnbon, ehwtric raihv11y to . Malabon, munieipality of. 11chool site ,rnrnted to ..... l\falolos. (Eke lluhtcan, Province of.) Maloloi;-Habf'Onoy roud, upproprintion for .... Manila American, official publi<·ution .. Manila, city of: Adviso1·y Board, Sccrl'ttu·y of, how appointed ........ . Approprint.ionsFor fiscul year ending June 30, 1904 Additional ............................................... . Permanent improvements . Assessor and Collector, appropriation .. . City Engineer, sa.nitnry duties of ............. . Districts of, legalize<l ............................. . Engineering and Public Works, Department of, 11p111·0priation Ffre Department, npproprin.tion .... Hen.Ith ordinances. how p1·epnred L11w Dcpnrtment. 11ppropriu.tion ... Liquor li<.oenHC:oi .... Municip11l BoardAppropriation .. Distrirt..;; created by, ll"galized ... Pail systemPa.yment for. to be made hr .... . Pureh11se of, appropriation ....... . Transfl"rred lo ....... . ...................... . Unexpended bnlnm•es of 11ppropl'i11tion:o1 made for. transferred to . Poli<.'<!, l>l"pnrtmcnt of. appropriation ... Police. imnitary ..... . Salary and cxpemw fund, np11ro11ri11tion ... Schools, l'ity, Department of. appropriation ... Stath1tie111',irc Department, April ......... . Polil'e De1111rtmcnt, April.. .. Manila cn11tom-house, arrastre dh·h1io11. dcricnl fon'C for ... llanila elcctrie railroad and light t-ompitn)' ... :Manila, port of: Appropriation for impro\·emcnt of ... Improvement. (Bee Port of Munila, improvement.) Marine superintendent .... llarh·eles Military Resen·e. reduetion of ... Marriages, registration· of .. llasbatc, Pro\•ince of: Governor, prO\·incial, dhwh11.r1-re>1 dutie:oi of pro,·incial secretary Offices of treasurer and supervisor coDl'IOlidated .... Provincial board, members. who shall hr ... Supervisor-treasurerBond. Foreman, employment of, by ... Qualiftcations and duties ... Salary-· Master, mate, patron, and enginePr: Sailing vesi;els of less than 150 tons burden, licen!!t"tl officers not required ... Steam vessels of les>1 than 100 tons burden. li<'<!ll!lf'd officers not required .... Exception, engineers . Matches, listing manufacturers of ... Mate. (Bee Master, mate, etc.) McCullough, Mrs. A. H .. appropriation >1Cttling claim ... Medical attendance: On civil officers and employ<.oe:oi at. isolated points ... On Filipino .!ltudents in linited Stall•s ... Meh-ille. C'npe, port of, closl'd ........ .. Page. :l:M Meteorological dutu: November. 1903 .... ············-··-·········--·····-········· -U i; December, HI03 ... . .January, 1904 .................................................................. . :u~:J J."ebruary, 1904 ............................................................. . 80 Marcl1, 1004 ................. . April, 1904 ··-······ -··-··-···-·····-·········--· :JS I Metric system, use of in forei.;try service ........ . l\lcxicnn currency: 121 Pnblic dues, not received in payment of .. _ 481 Purchase of, by Government ........ . 228 (Bee alao Currency.) lt:I Mexican dollo.rK. (See Currency.) 410 Military court.'4. subpamo. of, refusal to obey .... :l:IJI :Military rcscrvatiom~, at entrance to Manila bay, sil'.e rt•duee1l ......... . .............................. . I ~l Mindoro, Province of: lt:J Governor of, justice of the peaee, ex officio ........... - .. . .f.011 Land tax, 1903, extension of time for payment.. .. l:l:4 :Municipalities Bonga.bong, dh~solution of .... .')2:4 Provincial government of, appropriation Mineral !ndustry and resources, article bf McCaskey l:l:l Mining Bureau: :l:91 Appropriation .................... . Artiele on mineral resoun~ amt industries of thr Phil· 1:m ippines -··-······-··-··········-· ····-··-······-········· Chief of, qualiftcatiom1 .................................. . 1:111 l>es<.-ription of ... . ................................ . Geologists, qm,difications . I:\!1 llining claim: Forest Act not applil'nblc to ................................... . License to cut timber ............................. . 1::"!3 Ul'COrd of documenb affecting title .. I :l:ii Mining land fl: Acquiring title to . 4,;:1 Patent to .............. . 4;;:1 Misamis, Province of, land tax, eonection of lists, Misamis 41:1 and Oroquieta ··- -···--··-··········-············································ :J:.!:l: Moro Province: ... 482 410 196 106 l!Jf) Ahaca culture in ........................................ : .. Basilan Islands, justice of the peace for Fourteenth Judicial District, l.,anao ............................... . Government supplies, purchase of ................................... . Governor of, need not make annual reports .... . Jolo, justice of the peace, jurisdiction ....... . Justices of the peace in remote plaees ............... . J..anao District, jurisdiction of courts ............... . Provincial engineer, supplies, purehase of ... . Slave holding, jurisdiction of courts Slave hunting, jurisdiction of courts Thirteenth Judicial District, Lanao .. l!J6 M~untain Judicial District, vacations, sessions I !Ill :Municipal Code, amendments: tms Cebu, salary municipal treasurer .................. . 1911 Elections, disqualification from voting ................ . :Municipal councils. (See Councils,) Municipal Court of Manila, salary of acting judge ..... . IDS Municipal elections. (See Elections, municipal.) 198 '.\lunicipal officers, suspension of ·····-······-···--· .. ····· .. l!IS Municipal offices. (Bee Offices, municipal.) •'i:l:fi llunicipa1 president: Member Honorary Commission, salary of. 122 Vacancies, how filled ............. . '.\lunicipal taxes, payable in Philippine currency. :Ui:l: '.\lunicipal treasurer: .379 l!)j nond, premium, how 11aid ......... ,.. .................. . C'ebu, Cebu. Ra lary increased -····-··-················· 15 Page. 5i 182 182 274 :134 44i 405 482 :178 1!)8 :rn1 154 :J:J4 140 :1:14 198 :J34 198 404 406 370 377 :177 277 270 ID7 280 200 105 107 457 289 200 22;'i 225 289 5:l:6 289 165 383 :J63 474 495 17 278 ;!89 16 INDEX TO THE Municipa,lities, consolidlltion of: Mindoro PrO\·incc .............. . Tayabus Province ...................... . NR\"al resen-ations, lands within, scttlcnll'ni of title ... Na\-y. (Bee United States Navy.) Page. :170 I 380 Passports, Act authorizing, repealed ..................................... .. Patents, Copyrights, anti 1'rade·Marks, Bureau of, merged into Bureau of Archives ........... . Patron. (See Master, mate, etc.) Neutrality in Russo-Japanese war, proch111mtion enjoining 156, 240 Non-Christian tribes: Paupers, appeals by. . ............................... . Peace, justice of. (800 Justice of the peac.-c.) ls11bela, local government for ........... . Local ch·il go\"ermnent, 1'ayabns ... . Violation of Forest • .\ct by members of... Nornml School. Philippine, advanced com·seio; in ... Notaries public, nppointment during court \'llt•11tion .... Notes, payable in local currc-ncy, revenue stmnps ..... Exceptions .........................................•................... Notices: :ll!5 Per diem, judges entitled to, when ....................................... .. :J82 Philippine Civil Hospital. (See Hospital.) 406 Philippine Civil Service Board. (See Civil Service Bo11.1·d, 44K Philippine.) 45K Philippine Commission. (Bee Commission, Philippine.) IO:; Philippine currency. (See Currency.) 106 Pl1ilippine Customs Administrative Act. (Bee Customs and Immigration, Bureau of.) Architecture, Bureau of, Cebu potil·olficc... 5111 Philippine Sugar Estates Development Company. (Sec Friar Lands.) Sule of the Insular Cold Storage and Ice Plant... :ml. 313, 342, 356. :n3, :197 Philippine Weather Bureau. (Bee Weather Bureau.) Philippines Constabulary. (See Constabulary, Philippine11.) Syl111bm1 of case l"nited States c11. Uardner publi11lu•d in No. 22, Volume II, defect in ..... To contractors. Bureau of Archite<>turl' and l'ontttrm·· tion of Public Buildings ........................................ . Nue,·a Ecija, Province of: Land ta.x, extension of time for payment... Loan fo, payment extended .... School buildings, construction of ...... Nue\'IL Vizcayu, Pro,·ince of, pro,·incial governml"nt. apprn· priation .............................................................. . Oaths: Admipistration of, by officer in duu·b'l' of rmhlil' wo1·ks .. Chief of Bureau of J>ublic Lands nu1r 1uhninistt>r .. Obligations payable in locnl currcnl'~'······ Ot'Chll"ntal Negros. Prol'ince of: . 4.ssessors, unnual meetinb~ of ........ . Om·ernment l'arubaosAppropriation for L·1u·e of... Committee on . l..uncl tax, extension of time for 1>uyment .. . I.uunch J.'rankfort, earnings and rep11ir11; .. . Office hours, Executive Order No. :J, fixin~ ..... . Offices, municipal, disqualification from holdinJt ... Official Gazette: 4!17 Philippines Constabulary, Bureau of, appropriation for .. . Pinamala.yan, Mindoro, Bongabon consolida.ted with .... . 51 IJ Pluto, barge. (Sec Barge.) Police, Department of. (See Manila, city of.) 2ii Port of Manila, appropriation ... .u.; Ports, opened and closed. (Bee Custom11 and Immigration. 1911 Burenu of.) Postal clerks, subsistence 011 Coast Guard cutters ..... rn4 Postmasters: Appointed on salaril"ll in lieu of commissions 4.;s Not classified, when ... :144 Posts, Bureau of: IOa Appropriation . Genera.I Orders, No. 6 . 226 Pozorrubio-Babruio road, appropriation for ........................... . :IH:J Preliminary investigations. before justices of the peace, :JO:J Pr:7:~~~1c:~ Fidelit;·b~~-ci·~~--~~;~~~~t::: ....... ·:~: ~~~::r~· e~u:~:~e:~ ~!1:a;;1i::~::i~:i~:ti:::~~·-··· 1:: Printing, Publie, Bureau of, appropriation · Prisoners. transfer of, to Dilibid... . ................................. . Pap. 499 153 362 :ne 3~:; 370 121 146 143 210 142 215 383 379 278 215 68 152 155 145 Annotation of laws begun ... Appropriation .. Brand, Norton F., acting editor .. . 454 ~~=:~!i~::a:u of, appropriation 153 Seutrality in Uusso .. fapancse war enjoined: ........... -... 156, 246 316 Shipping. publishing a.n Act of Congress regulating.... 527 llcCollough, editor, on leave .............................. . Minor forest products, tariff of, published in .. . Removal of office to Oriente Building ... Resolutions authorizing expenditure from relief fund. to be published in ... Official language ..... Ohlinger, Gustavus A., appropriation for .... Opinions of Attorney-General. Volume I. appl'Opriation for publication of ................................................. . Opium Committee, appropriation .. . Ordinance. free entrance of .......... . Oriental Ncgros, Province of, taxes, extension of time for payn1ent ......................................................................... . Oriente Building, official name determined......................... . Pacto de retro.. . ............................. . Pail system. (Bee Manila, city of.) Pampanga, Province of, ]and tax, extension of time for payment ........................................... . Pangasinan, Province of: Act annexing part of Zambalcs to. amended as to Anda, Bani, and Agno ........................................................... : .. T~and tax:, extension of time for payment. Paragua, Province of, loan to .................................................. . Paris, treaty of ...................... . :no Protest:<i und Appeal11;, Bo1n·d of. (See Customs and Im· ~~: migration, Bureau of. Manila custom·house general orders, imbjccts.) ~:~ Prov~:~~:r.~~~:~~~~:~~~;~:f b;~~~-· d~e'~.;~~ .. ".1.:: .. : Suspension of municipal officers by...... . Testimony before, may enforce .... 154 Provincial Go,·ernment Act, a.mended: 278 Acting governors, salaries of ......... .. Judges may be pa.id per diem Postponement of election for pro\"incial governor ......... . Provincial governor's report to Ch·il Governor ....... . 499 383 304 Provincial governors: F.lcetions confirmed (Executh·e Order Yo. l~) .. (Bee also GovPrnors. provincial.) 400 Provincial Li·ensurers: Bonds, application for. forw11rded through ... DeputyDond, premium, how pnitl.. .... 525 Shall determine hond of ..... . 361 (See also 'frell!illl'l'I-. provincial.) 477 Public buildings. alteration,;, l'lt· .. of, amounts allowen ....... 278 261 363 363 525 378 105 105 212 278 278 278 153 OFFICIAL GAZETTE. Public Instruction. Dcpurtmcnt of: Appropriation ................................. . Set!retnry of, school hours fixed by Seeretary's Omce, appropriation .... Public Lands, Burea.n of: AJ>propriation . Chief ofDuties respecting Duet trnmwuy ..... Oaths, may administer ... J>repare friar l1tnds form11 1md instructions ... Report quarterly on friar lnnds. ... \Vitnesses, may subpama and t>xumine •... C.:onl, obtaining title to ............................................•... Friar lands, to luwc charge of ...... . l\Iining cla.imPatcmt to be issued by Chief of... Record of transfer of incnmbr1nwe ... Public laws: AmendedNo. 5, relath·l' to tht> ro!lte1· of ci\'il-m•r\"il't' 1•111· ployees, and the sen·il'e, clntJSifil'<i. und 11011clnssified No. 25, reduction of snhll"il's 11nd suspt•nsion of employet•s for neglE'C't of duty ..... . No. 49, establishment of a l"h·il go\·1·1·1111w11t fol" the Pro,·ince of Benguet .... No. 49, reports by pl"O\"ineial gowrnor, IJeng1H't Province. to Ch·il Governor ... :So. 59, <'losing hours for s11loon1o; in tht> l"it)" of Manila . No. 82, tax on 1·11rts and sl<'gt'lo; in faab<>la Pro,·im-t• .. 'No. 82, unneeeiumry to lll'Of.'l't'1l a,.,'11im1t the pel'son11l property of a d<>linqu<>nt t11x1H1y1~r befor1• pro· eeeding against the rE'nlty .... No. 82, salary of nmnieipal treaimrer of ('t•lm ... No. 82, certain persons disqualified from \'olinµ: at municipal election!-; or holding oftit't' .... No. 83, judges holding t•ourt in tlie provint'€'s may be paid a per diem ... No. 83, salaries of 11eting 1n-ovineial go\·ernors ... No. s:J, provincial gO\·ernor. election of. may hr postponed by Civi1 Go\•ernor .. . No. 90, acting Deputy Auditor .. . No. DO, amending eertain l'11)e11 relatiw to thl' keeping of necou!lts by disbursing olliffrs ... So. 102, relative to the Ch·il Sl'nict• rrnitt•r of employees No. 105, treasurer nnd su11e1·visor, lfosb11t<> Prm·· ince, ollices consolidated .. Xo. 134. loam1 to ('1wit.e and Anti11u". dntl' of pn~·· ment extrnded .. :So. ]3(i, srl'tions 47 and :;2 ... :So. I:JG, manner of publishing nnd binding thf' deci;;ion>1 of the SuprrnU' Court ... No. 136, rt>porti•r of dt>1.•isio11>1 of thf' S11pren1I' Court ..................... -... . :So. 136, pnrag1·11ph (d). s1~<1:ion :;, power of judges performing intcrlot•utor~· v1wation duti(.'1; to appoint notaries .... So. 148, extra oompeni:<11tion to members of Con· stabulary nt Exposition ... No. 157, section 7, rt•luth·e to Ro11rd of Health for the Philippine lslnnds ... No. l6i. excepting perr.mu~ 111>pointed hy the Civil Governor from the classified sen·ice, t"te ... No. Ii5, dim:ha1·ge of m<>mber11 of Con11tnhulary convicted of crime ... -:22367-:l Page. 152 77 137 141 :120 344 :um :160 344 ;177 :158 377 379 201) :ns .;24 . u:1 :un 28!) 165 IO:i 197 20!1 1!16 291 221; 458 382 411 209 261 Public Jaws-Continued. Amended-Continued. No. 183, sea.ling of weights and measures in the eity of Manila.. . .......................................... . Xo. 18:1, snbsections ·(t), (u), (y), and (z) of iroc· lion Ii, nnd section 33. Xo, 183. appointments to the position of Secretary of the Ad\·isory Board of Manila. Xo. 190, amending seetion11 12, 14:J, and 512, and providing for pauper nppenls ........................... . No. 190, section11 514-16, eertim·ari, m11ndamu11, und prohibition 111-or1•edini..rs in the Su1Jreme ('0111"1. ................................................... . No. 2!JO. e111ployee1-1. deeeaRed, dispm1itio11 of amounb due est11te11 of .......................... . No. 30(1, eXl"<'Jllh1~ from tlw classified 11erviec p1•1·sm111 :1ppoi11t..>d hy the Ch-ii Oove1·nor, etl' ... '.'ll'o, a:n, im·rea11r of s1llary of th(' secl'etiu·y· treasurer of Nlll!\·11 Vizc11y11 ..... '.lrio. :J37. r1•porh1 by pmvhwial ;..ro\•ernor. Xm•\·a ViY.eay11, to Civil Gov1•rnor ... S"o. 355, l'!etling 11sidr portion of wlmrf in uny munieip1llity for eu11toms purpose>1 .. Xo. 391i, sel"tion :t .......................... . ~u. 410. rC'porbi by provincial j,J"()Vernor. l.rpnnto· Bontoe, to Ci\"il Governor. :rrio. 422, report11 by pro\'inciul governor, Pnraguu, to Civil Governor .. :So, 4116, salaries of register~ of dPrds in the provinees . No. 496, se\"l'l"nl Me<·tions ....... . No. 496. i11vr1d1mmt11 by the Insnlnr 1'rm1surer of as1-111rancl' fund 111,;•ruing from fre11 of the l'ourt of Land Rl'gistration. Xo. 496, jndges at large performing the dutie11. of judges of the Court of Land Registrntion .... N'o. 500, rr1><>r~ by pro,·inl"ia.l governor. Mindoro, to Ch·il Go\·ernor ............................................... . Xo, 514, Honorary Hoard of Commissioners to \•isit Louisiana Purchase Exposition ... Xo. 518, more fully defining the crime of brigan~· age ...................................................... . ~o. 585, salaries of acting provincial governoni .... '.'ll'o, 589, excepting from the clasai&ed fferviee persons appointed by the Civil Governor, ete .... :rrio. 590, expensr of preliminary hwestigations for 1•rimes helcl by justices of the peace No. 594, loans to C1n·ite and Antique. date of pay· ment extended . Xo. 619, reductions. disl'hargt>s. and forfoiture11 of pay, Consta.bulllry ............................................ . ~o. 624, rrcord of instrmnl'nts nfTeding title to mining claims ............................ . ~ o. 627, bringing under t.hl' operation of tile Land Heghitration Act lnnds in naval reset·vations ... Xo. 702. t•Xt<>nding th<' time for the registration of Chinl'Sl' to February 29. 1904 ........ . So. 702. tim(' fol' l"ompleting registration of Chi· nel<l' rxtended ... No. 709, 1111le of intoxicating liquors ........ . Xo. 774. tax on sledges and <'Arb; in bn·beh1 Provinct' :So. 780. small \•essels exempte<l from requirement!! 81'; to lieensf!d offif!er!o; ... No. 781. morC' fully 1lcfinin;? th<' <'rime of briwtnd· a~e 17 Page. 381 411 381 361 414 209 :182 105 408 412 105 105 292 303 413 413 105 17 361 525 209 :179 196 19:1 379 380 227 10 499 413 '"" 361 18 INDEX TO THE Public laws-Continued. Page. Amended-Continue<I. No. 787, section 2,i, nppointm<>nt of ju"tice!> of the peace for remote localities of Moro Provin<'e.. 457 No. 787, purchase of supplies by pro\"hwi11J l'llgincer of the Moro Provinet>... 290 No. 854, payment of cost of mcdie11l attenihtm-e on Filipino students .... 370 No. 865, duties of Attorney·GPmmtL. 412 No. 867, lea\•es of absence of judge~ of the S11p1-eme Court and Courts of First Instance..... 412 No. 867, vacations and termi;; of court, Mountain Judicial District......... 526 No. 867, power of judges to appoint notaries whill' performing interlocutory \'lll'1ttion duty.... 4J8 No. 875, free entrance of Go,·ernment orclnnnee and ordnance store1:1.. 278 No. 897, clerical and administrative force for the arrastre division nt the Manila custom-house.... 413 No. 898, Cape Melville, port closed..... 198 Xo. 916, qualifications of Chief and geologist. Mining Bureau... .. 198 No. 919, construction of school buildings. Nuevn Eeija ..................... ............................. 195 No. 932, Malolos, Bulacan. sC'ut of gm·ernment changed to Barnsoain... . ................................ 49 No. 956, reduction of munh-ipaliti<'I!. Ta~·abas Pro\·ince ............................... . No. 960, Santu Mnrgairita. Samu... 198 No. 980, time for eompltting registr11tion of Chinese extended I J1 No. 989, extending the time for the registration of ChincN' . 227 No. 1004, municipalities of Anda, B11ni, and Agno .. No. 1030, Honoruy Board of Commissioners to t11<' Louisiana Purchase Exposition............ 220 No. 1035, e."'Ctcnding the time for. the registration of Chinese 227 No. 1049, disbursing offiCf'r of the Civil Sanitarium at Baguio, Benguet, to act as provincial tren11urer 226 No. 1056, holding terms of court during vacation.. 412 No. 1125, temporary detail of pro,·incial fiscals to other provinces . 413 Annotated, Spanish, distribution of.... . 326 Enacted.No. 1027, Tu,-1\llils. l·o111101idntion. umendatory of No. 956 ................ . No. 1028, opinions Attorney-General, apprqpriution ..................................... . No. 1029, Pangasinan, amending No. 1004 ... No. 1030, Honorary Board of ·commissioncr>i ... No. 1031, appropriation, deficiency ........ 17 No. 1032, currency, salaries of provin<'ial 1md municipal officials ... ............................... 17 No. 1033, Benguet road, appropriation.... 17 No. 1034, friar lands, bond issue...... 18 No. 1035, Chinese, amending Nos. 702 and 989.... 19 No. 1036, La Laguna, loan... 29 No. 1037, customs, food produetis... :m No. 1038, Bulacan, consolidation, amending No. 932 .... 49 No. 1039, Cavite, naval station............ 41) No. 1040. civil service, repealing No. 80. .................. 77 No. H>41, estates of employees, amending No. 290... 79 No. 1042, currency, maintaining parity of... 79 No. I043, prm•incial government, elections... 105 Public laws-Continued. Enacted-Continued. Xo. 1044, provincial government. ................. . Xo. 1045, currency, maintaining parity of .... . Xo. 1046, appropriation, relief fund ............... . Xo. 1047, appropriation, Impro\·ement of Port ....... . Xo. 1048, 11p1n·o1H'iation, Manila Xo. 1049, upproprintion, general ......................... . No. 1050, 11ppropriation, bond issue $:1,000,000 .. . N"o. 1051, municipal government, amending No. 82 No. 1052, assCKsment revh1ion, Butangas ..... . Xo. 1053, tax extension, Capiz .................... . :So .• 1054, Con,,;tabulary, amending No. 619 ............. . :So. 1055, Exposition .... :So. 1056, courts, vacations ~o. 1057, Nueva Eeija, amending No. 919 .. . Xo. 1058, Constabulary, G. C. Taulbee .................... . No. 1059, Immlar Pureha11ing Agent, app1·opriation No. 1000, Mubate. consolidation of provincial offices ....................................................... . Xo. 1061, Antique and Ca\·ite, loan, pllymcnt postponed ......................................................................... . Xo. 1062. Moro, justiee of the peutoe, Basilan ........... : Xo. 106:J, :Moro, justicl' of the peace," Jolo .............. . No. 1064, Auditor, amending No. 90 .......... . No. 1065. l'U.stoms, port of Balabac, 11mending Xo. 898 ....................................................... . No. 1006. customs, shi1>'11 officer11, amending No. 780 Xo. 1067. }lining Bureau, amending No. 916 ... Xo. 1068, Sanuu, a1m•nding Ko."060. Xo. 1069, Bulacan, provincial building. No. 1070, tax extension, Mindoro ...... . No. lOil, tax extension, Albay ... No. 1072. civil sen·icr., amending No. 5 ... No. 1073, IA\ Laguna ai.nd Tuy1lb11,.;, roads and bridge~, appropriation ........................... . No, 1074, La I~aguna, roads, appropriation ............. . No. 1075, Rizal, loan to No. 1076, Ilocos Sur, Romblon, and Abra, lo11ns to .. No. 1077, disbursing officer, Washington, D. C., appropriation .......................................................... . Xo. 1078, courts, Moro Province ............................... . No. 1079, Supreme Court repo1-ter, amending No. 1:10 ............................................ . No. 1080, Honorary Hoard of Commissioners, amending No. 1030 ............................................... . No. 1081, Benguet Prm·ince, amending Nos. 40 aml 1040 ............................. ·········································· Xo. 1082, Occidental Ncgros, boards of assessors .... :So. 1083, Nueva Vizcaya. 11nd Pangasinan, roads, approprin.tion .................................................. . No. 1084, Chinese, amending Nos. 702, 989, ·and 1035 --····--····--·--························· No. 1085, Batangas, loa.n to ....................................... . Xo. 1086, Constabulary, appropriation PublishedNo. 1087, appropriation, :Manila ... :So. 1088, auditing, amending No. 90 ...... . No. 1089, tax extension, La Laguna ..... . No. 1090, transportation, repea.ling No. 829 .......... . ~o. 1091, Constabulary, amending No. 175 .. . Xo. 1092. tax extension, Nue\•a Ecija ... No. 1093, assessments revision, Misa.mis ............... . Yo. 1094, Manila river front, appropriation ......... . No. 1095, customs, ordinance, amending No. 875 .. Yo. 1096, eivil service, amending No. 2iL. Xo. 1097, bonds of Government employees ............. . No. I 098. Moro Pro\•in<'t. ~ourts. Page. IO;) 105 121 121 121 137 155 185 16;) 166 193 193 195 195 196 196 196 196 197 197 197 197 198 198 ms IDB 108 199 209 210 210 210 2ll 225 225 225 226 226 226 227 227 227 227 228 245 2•5 261 261 277 277 277 278 278 278 289 OFFICIAL GAZETTE" - -----------------------Public laws-Continued. Published-Continued. No. 1099, Cebu, muni<>i1>nl goycrnmrnt, amending No. 82 ........................................................................ . No. 1101, Moro Pro\•incc, amending No. 787 .. . No. 1102, tax extension, Ilocos Sur No. 1103, Dnet, Ambos Canmrines .. . No. 1104, Supreme Court decisions ......................... . No. 110.5, Manila, clhtision into districts ... . Xo. HOG, 1tssessment revision, Cavite .... No. 1107, land registration, 11mending No. 496 .... . :S-o. l lOIJ, land registration, amending No. 496 ....... . No. ll09, exposition, amending No. 514 ....... . No. 1110, disbursing officer, Wo.sMngton D. C ....... . ~o. 1111, franchise, tramway at DaPt, Camal"incs .. No. 1112, franchise, Manila electric raihvuy ... :So. 1113, lsalx-lu Pro,·ince, non-Christi1111 tribes .... :So. 1114, appropriation, public works ... :So. 1115, friar lands, upproprintion .... :Sn. 1116, assessment 1·c,·ision. Tayabas Provinl'c .. No. 1117, asseHmcnt revision, lloilo No. 1118, public fonds, Chief of Bureau .. . No. 1119, assessment revision, La Union ...... . :So. 1120, friar lands, ndministrution oL. Xo. 1121, brignndage, amending N~. 518 and 781.. No. ll22, Paragua, loan to ...... . :So. ll23, courts, aml'uding section11 12, 143, and 512 of No. 190........... . ..................... . Xo. 1124, civil service, medical attemlance __ _ No. 1125, fiscals, detail... ............... . Ko. 1126, prO\·inciul boards, cx11mination11 before .. )fo. 1127, Engineering, cmployt•es in Burenu of .. . :So. 1128, public lands, eoal c~laims ......................... . No. 1129, courts, per dif'm of judges in cc1·tain cases ............ ··- ......... . No. 1130, military justice .. ~o. 1131, Mindoro PrO\•inC't>, gO\'c>l'Dor u. jul'lli<:t' of the peace ·····-··-··-················· No. 1132, courts, preliminary examinations. amending. No. 390 ... ··-··-······-···-·························--··· Xo. 1133, 1''ilipino scholarships, amending Xo. 854 No. 1134, public lands, mining daims. amending No. 624 No. 1135, Mindoro, Bonga.hon No. 1136, customs, lighterage and harbor business .. Xo. 1137, appropriation, relief fund !\o. 1138, land registration, nal'al 1·csl'l'\'C'o; ... Xo. 1139, taxation, amending section ;s of Xo. 82 .. No. 1140, Manila, amending section 65 of Xo. 183 . Xo. 1141, Manila, amending sections :rn and 61 of No. 183 .................... .. Xo. 1142, Nueva. Vizcaya, amending Xo. :J37.. .. Xo. ll43, tax extension, La Laguna ... Xo. 1144, Constabulary, Louiaianu Purchase Ex· position ................................. . :Vo. 1145, Tayabas, non-Christian tribe>~ .... N'o. ll46, Manila, munidpal court ... :So. 114i, large cattle. repcnling No. fl:Ji ... No. 1148. Porest Act, repealing Oenerul Or<lcr11. 'So. 92, and Act Xo. 2i4 ... Xo. 1149, customs, amending No. 355 ... Page. Public laws-Continued. 289 290 290 291 291 291 291 292 303 304 30• 310 322 :l2i'i !l25 a-1:1 343 :J4:J :144 ;J;)j 358 :161 :mt 361 :JG2 :102 36:1 :10:1 377 :118 378 378 3i9 :179 379 :Jj!) :190 :180 380 :181 381 381 :182 :182 382 382 383 401 404 40R Published-Continued. No, 1155, appropriations, renewing appropriations in Nos. 1048 and 1049 ... . No. 1156, surra ............................................. . :Vo. ll57, Isalx-la, taxes ....... . Xo. 1158, interest on bonds, appropriation. Xo. ll59, courts, l1igh writs ................... . Xo. 1160, customs, Isabela de Basilan ................... . Xo. ll61, disbursing officers, Auditor's clearance .. No. ll62, tax extension, Cagayan ....... . :Vo. 1163, tax extension, Albay No. 1164, Moro, justice of the peace. 'So. 1165, courts, amending No. 136 ....... No. 1166, Batangns, loan ................ .. 'So. 1167, appropriations, Manila ........................... . No. 1168, tax extension, Oriental Negro11 ............... . Xo. 1169, intoxicating liquon, 11mending No. 709 .. Xo. 1170, tax extension, Pampanga ................... .. Xo. 1171. Jl11!1Sports, repealing No. OIL. ... Xo. lli2. asscs~nnents revision, lloilo ...... . Xo. 1173, tax extension, Iloilo ................ . No. ll74, tux extension, Misamis .... . No. 1175, Albay, Jibrary .......................... . No. ll76, appropriations, public works .. . Xo. 1117, Manila, intoxicating liquors .. . Xo. 1178. tax extension, Occidental Nt>gms X:~85lli9, provi~~:~~.. ~~~~~-~:~~t, umending No. Xo. 1180, tax extension, Pangasinan. Xo. 1181, tax extension, llocos Sur and Zambales .. Xo. 1182, internal revenue, preliminary listing .... Xo. 1183, exposition, appropriation ~o. 1184, courb1, amending No. 867 ......... Rt•pcalcdNo. 40, section 20 ............................ . No. 80, fixing hours of labor, 1e11.\·es of 11bsence, 1111d transportation of civil-ser\·icP t•mployc><'S ... Xo. 119, section 11 Xo. 120, S1ection 11......... . ..................... .. Xo. 15i, section 4, rel11tive to Board of Health for the Philippine Islands ..... 'so. 183, section 21.... . ........................ .. Xo. 274, unauthorized destl'Uction of timber on public lands. . ........................ . :S-o, 3:J8. regulating hours of labor and tra\•eling c>xpenscs ................................................................... . Xo. 448, regulating leaves of absenl'c> ... . Xo. 515, rcgulatjng sick lea.ves ................... . Xo. 611, issuall(:e of passports by the Ch-ii Govt>rnor ........................................ --··-···-······-··· ............ . Xo. 63i, registt·ation of cattle ......................... . Xo. 043, regulating transportation and half sahlry of n1>poin~cs to civil service rf'siding in United States ................................. .. Xo. 724, fixing hours of labor during heated term .. Xo. 751, fixing hours of labor during heated term .. Xo. 807, reporter of the decisions of the Supreme Court :Vo. Sil, disposition of sal11rif's due dece.o.sed officers 01· employees, nath•cs or citizens of Philippine Jslands -··············- ........................... .. 19 Page. 413 413 413 414 414 414 457 457 457 407 458 481 481 481 499 499 499 500 623 523 623 623 524 624 525 526 525 525 526 520 404 79 404 404 411 411 404 79 79 79 499 401 79 79 79 226 79 :Vo. 1150, health, Manila ............ .. 400 Xo. 877, in part. ................................ ·-···-···-···-···-··· 401, 404 No. ll51, assessment re,·ision, llocor; Nortt> ... No. 1152, tax re\•ision, Isabela ..... No. 1153, Finance and Justice, Secrctarr of ... No'. 1154, customs, amending Xu. 897 ... 411 Public Printing, Bureau of. (8re Printing. Public, Bureau of.) 412 Public resolutions. (Ree Rc>solutions of the Philippine 413 Commif!sion.) 20 INDEX TO THE Public schools. (Sec Schooh~.) Pngc. Public wdrk11, administration of 011ths by officers in charg<> S1·hool lmildini,rs: Page. of ................ ........................................ ................... 4i;s In Ilocos Sur, Abrn, llnd Uomblon, a1)ptoprhltion fOT.... 211 In Nueva Ecija Province........ .......................... 196 Pui·chasing Agent, Insular: School work, municipal, Governor's appreciation of ..... . Appropriation .............. ...... ............................................. 1:18 Schools, rity, Department of. (Bee Manila, city of.) Supplies, purchmw of, in United Statcs 196 Rchools, public: Quarantine Scrviloe: Hours fixed by1Secrct.ary of Pubric Instruction ........... . Appropritltion ............. 139 School day not less than five hours ............................. . Report for January .................................................. . 273 Scout11, at Exposition, extra pay..... . ......................... . Ratio of exchange, June 30, 1904.......... 527 Secretary of War: 351 77 1i 382 Hetd estate, re\•ision of assessment. (HrP 1'nxP,.;.) .Approvals by .................. . Reeoleto Order. (Sec Frin1· hmds.) Bonds for purchase of friar la.nds.. 193, 197 Rcduetion of nmnil'ipalitil"B. (.See Muni1·ipnlitir11. bsuanff. of, by. solidation of.) Sale of, by Register of Deeds: Cl'rtifl1·11tl"M of indebtedness, dutie11 and powPrK as to Examiner of titles, may he required to 1H'l us... :10:1 i>1s1w of ............................ . Pro\'incial. salaries of ... ,... 2!12 Exposition Board, differences arising betwPen l'once!oiSalaril'S of, in the prm·incPs............ 292 11ionaire nnd, determined by .......... . RPgister of the Treasury. friar land!'i bond:-1 rPJrislt•rNI with IR J.oniidanu Purchase Jo~xposiiion, depository for receipts Registration of cattle........................ 4~! d~ignated by ........ . :::::!.:~!io;:.0~1~ ~~=-~: .. ~~~'.'.~--~-~-~~~'.~'.'.::::.:: ................. 2Si. :tao. am ~:~~1~:n:~r:·~~e~~~~,:~r~~i:~~.~~~ing ... . Reporter of Supreme Court dt>l'ision11........................................ 22:i Shn·I" holding, jurisdiction of court11 ............... . Rescnations. military, at entrunee of Mnnilu Bn,\". rt"<hw- Sla11ghterhou11es, sanitary regulation of Re~i;u~:i~·n11. list~··~f"_"_~'.»"."."."."....... l.6.4'.'"j ;;2·:·2·~·;;_· 2Hi • a I;;, :J5:i. :J!Jj • ::~ ~~~1~1~1~~~:i~:i~:tt~:rreney. (See Currency.) Resolutions of the Philippinl" Commission: 8puni!oih htnguagc, Supreme Court decisions publishPtl in ... Baguio, Benguet. improv('ment11. Pxprmlitur1• on... :1R:J s 1 >ecial oontrncts, (See Civil service.) l'risOl!tomo. ~nzario. aid to... 4! 4 Squarer., T. A., appropriation settling claim .......... .. Go\·prnmPnt <'ar11b11011, appropri11tio11 for 1·nrr nf ... · :JR:J Htum1• taxe11, payable in Philippine curreney. Insul~r Purchnioing Ag<•nt. rriml111r>1Pd foi· 11•rtain 8tumps, revenue. (See Re\·emw stamps.) animals pur('ha11ed...... 415 Local P11rdm1>ing Agent. l'Xtm 11llow11m"('... 2i9 llalolos-lfagonoy road, expenditlll"l' on... :IR:J ~uem Ecija, loan to, payment <'XlPml('1L. .... 4l!i Oriente Building, official name ndopt('(I... :183 Pala\• sePd for Romhlon... 415 Poio~rnbio·Baguio road. l"Xpt>nditmr on... JH:J Romblon. palny, "erd for....... 41.i Re\·e1me stamps required on l"lw<•k,:c. rlP., 1·11tl",.... 106 Road11 and bridgrs: Malolos-Hagonoy. appropriation for ... Padre \'illavcrdr trail... Pozorrubio·Baguio. appropriation for ..... Trinidad, Benguet ... Roads, wagon. (Hee Wagon roads.) :IR3 :JR:J Royal decrees of February J:i, 1804, urt. Iii r1•1>ealPd ao4 Statistics of Bureaus: Af.!'riculture, Bureau ofAbaca in southern Mindanao .................................... . Bengnct experiment station ............................... . Cotton tree ....................................................... . Cultivation of maguey in the Philippines .. llnguey culture in Mexico ..................................... . ('u..;toms and Immigration, Bnrl"llll of, connner<.'t' of ll1P Philippine Islands ............................................. . Education, Bureau of~orma1 School, a.d\·anccd eourscs in ... Primary educntion in the Philippine11 ....... . HPulth, Board of, vit.o1 11tatistie11No\•ember, 1903. December, 1903 .. January, 1904 .......................................................... . 18 18 155 194 193 526 143 225 409 403 291 122 17 270 268 268 67 448 72 448 58 53 173 177 Russo-.Japanci;e war, proda11111tion of 1wutn1lit~· ........... l.ifi.246 Sagun, Macario. <'Ommendation of........................................... :151 Saint I.011i11 Exposition. {Hee Expo11ition Hmml: T..011i11inr111 February, 1004 283 Purchase Jt~xposition.) Snlary: Acting governors ... Deduction from l"mployt>e':-1 ...... );mployee's, reduction of... Oo\"ernor of babrla .......... . ORil>f'rs of Court of La.nd Regi!4.trntion .. . Payahlr in Philippine currency .................................. . Hegi.stcr of dee1ls 11<.1.ing 1111 l"XaminPr of titlMI ... . Sal an and expense fund: 1~11ul11r, approp1·intion ... }fanilll, appropriation ... Sumar, Pro\"ince of, rPdnetion of muni«ipalitie11, Hanta llargaritn .......................... . Sanitarium. Ci,·il, Benguet, appropriation .. . Santa Poteneiamt Building, eustodian of, appl"opri11tio11 .... Santo Tomas, Bntnngns, pro,·ision for police of. Seav<'nging, rr~uhttion of. in ?.111ni111 ... :i25 2i8 278 :i2a :I03 17 :10:1 l;i5 125 198 142 March, 1904.......... .................................................. 3*9 April, 1904 ................................. . 441 Insular Treasury, Bureau of, Banco Espanol-Filipino, balance sheets .... . ................ 113, 254, 275, 341, 447 Manila, city ofJt'ire Department. April... 453 Police Department. April............................................ 453 Mining, Bureau of, the mineral industry, et<' Quarantine Service, ,January .... Weather Uureau, meteorologica1 datn. Noven1ber, 1!103 .................................. . 1lcce111her. 1903 ........................................................... . .Janua1·y. 1904 ................................................ . Februa1·y, 1904 ................. , ......................................... . March, 1904 ..... .April, 1904 334 2i3 57 182 182 2i4 3:14 447 154 Statute of limitations, real property .. 527 154 481 Straclu1n and Mcllurniy, launch J'rankfort . ....................... · 400 Studrnb. Filipino, in Unitl"d Stntrs, ml'<lical attP.n~nee on 3i0 OFFICIAL GAZETTE" Supr<'mc Con rt: Page. Certiorari .............................. ...... ...................................... :114 Clerk of, duties................................. 362 Decisions ofHow published . 291 Official reporter................. 225 (Bee also Supi·eme Court decisions.) lnterloeutory jurisidietion, judges. how nRsigned to... 412 Judges- - Lenve of absence of... .................................... 412 ProvisionR of Act No. 1040 not npplicnblc to........ 79 l\landnmus .......................................• 414 Prohibition ........... . 414 Supreme Court deciRiom1 (by name): A baron, U. S. vs .................................. . 93 ..\hello vs. Monasterio 512 AhiRon et al., U. S. vs..................... 205 APnlle & Co.. McCnllongh vs........................ .. 240 (Dissenting opinion, Cooper, J.) 418 Albano, U. S. vB........................ .. .. .... ........................... 484 Alcantnra VB. Montenegro... . 500 • .\.lcantara et al., U. S. vs... 233 AIPmany et al VB. Sweeney............ . ................... 110. 366 Alemany, Castaiiedn. vs... 360 .-\h·arez, U. S. vB....... Hl9 .-\mbata et al, U. S. vB............... 420 Amblpr, Blanco vs... 281 Ambler et al, Blanco vB ..... Ambler, Enearnacion vs Ambler, Findlay & Co. i·s ..... _.\.mblcr et al. Garcia 1·.111 Amos et al., C. S. n ... ..\.nacleto et al .. U. S. i:11 •••• Araulio et al. 1·s. Aranlio et al... Arceo ct al., U. S. 11s ••• Bare et al., li. S. VB ••••••••••••.••••••••••• Behn, Meyer & Co., Campbell et al. VB ••• Benedicto VB. ])p Jn. Ramu ... (Dissenting opinion, Cooper •. /.) .... Dergnntino, I:'. S. 1Js ••• Blanco vB. Ambler ... Blaneo vs. Ambler ct al.. ... Blas, Gonzales i•s .. . Braga H. Millora .......... . Dundal c-t al., U. S. vs .. . Bun doc et al., U. S •. 11s ••... Butardo, t:. S. vs ...... . Butardo et al., U. S. vs .. . Cabucnas, U. S. vs .......... . Compail.ia GenPrnl rle Tabac•o.i. P<>rl"z 1:11 ... Cajayon et al., U. R. vs ... Campbell et al. fJS. Dehn, )fo~·er & l'o ... Canete; Gonzaga. v11... . Cansino et al. vs. Valllez et 111... ... Castai1eda vs. Alemany Cervantes, U. S. vs ......... . Co-Boo vs. I..im Tian ......... . Colley, C. S. vs ........ . 402 490 491 545 491 500 403 345 501 469 166 293 109 281 41)2 542 431 228 489 537 54:1 422 10 157 469 :J40 ;m7 :Jfl(j 170 465 83 Concepcion, Salonga 1;s... 51 a ~-~~~&~ ~ Co-Tianf:,>'t'O vs. To-.Jamco... 415 Cox, U. S. vs.. 110 Dalawan, U. S. 1;&... 487 Dasa.I et al., U. S. VIL 127 -w~~~a~ M De la. Cruz. U. 8. 1;11... .. .. 253, 439 I>f! la. Cruz <>t al.. l1. R 1·s..... . .................................... 2:J5. :126 Supreme Court decisions (by name )-Continuerl. De Guzman, U. S. vs .. De Leon Pt aJ.. U. S. vs ................ . De la Pl\ta et al., U. S. tis D<> lu Rama, Benedicto vs ............. . (Dissenting opinion, Cooper. J,) De los Rey~. lJ. S. vs..... . .............................. . Delos Reyes et al., U. S. 1111 ........................................... . De los Santos, U. S. vs ..... . De la. Torre, U. 8. tis ............................ . De la Trinidad et al., Tan Meehan vs .. . · Devela. et al., U. 8. tJs... . ............................. .. Domenech vs. Montes ................................................... . Donoso et al., U. S. vs Doronila. vB. Lopez Encarnacion VB. Ambler Enriquez t?S. Watson &. Co. ct ul Enriquez et al. vs. Enriqupr; c>t nl....... . ...................... .. l!:spiridion et al., U. S. vs ............... . :E11toy ct al., U. S. vs ...... .............................. . Jo::.Xaltacion ct al., U. S. vs ......... . Jo,eliciano ct al., U.S. tis . FeliZRrdo ct al. 1;11, .Jm1tiC'c of the 1~cmep of Imus ...... . l•'ernaudez, U. S. t.·s ...................................... . 1',crnando vs. Villulon C't al.. .. . 1',indlay & Co. 1;s. Amhl<>r .................................. . Ji'h1her, Sparrcvohn 1JR. Florendo ct 111., Querido 11s • .................. , ......... . 1',reimuth. L'. S. vs . ...................................................... . Garcia vs. Ambler ct lll Garcia. va. Hipolito ct al Garcia vs. Sweeney. Garcia ct 111., U.S. vs . Gardner, 'l'. S. ,;s. Gasal, U. S. vs Gimeno, U. S. vs ........................ . Ginete, U. S. vs . ............................... . Git, U.S. vs Gloria, U. S. vs. Gomer;, U. S. vs ..... Gonzaga vs. Canctf'. Gonzaga, U. S. VB ••••• Gonzales vs. Blm1. Goru:a.les, U. S. vs ........ . Guillermo, U. S. 1Js •• Guillermo et al., U. S. 11a ................................. . Guzman, U. S. vs ........ .................................................... . Herrera et al., U. S. vs .................. .................................. . Hipolito et al., Garcia t:B •• .................................... Idica, U. S. vs Imus, Justice of the P<>acc of, I<'elizardo et al. 11& ••••••••••••• In re MaeDou1.'1lll ............................. . In re Montagne & Dominguez .Jamino et al., U. S. vs Jarabe, Trinidad vs ... .Justice of the Pence of lmu11, 1''elizardo et al. vs ...... . Karel sen, L. S. vs ...... . Knight 1Js. A-lcMicking ..................................... . I~abaya et al., U. S. vs ............................. . I..aeson, Unzon Social. l'tc., VB......... • .......................... . La I..aguna, Province> of, Santa Rosa vs ......................... . J..eon vs. Nava.I... . .............................. . Lim-Juco 11ir. Lim-Yap ..................................... . Lim-Tian, Co-lloo 1;s ..................•...•....••••• I..im-Yap, Lim-Juco vs ............................. . I~lorente vs. Rodriguez... . ........................ . I..opez, Doronila 11s •••••••• 21 Page. 485 466 485 160 293 364 282 537 434 473 482 347 306 462 490 213 542 368 87 262 365 529 345 502 491 281 234 545 33 270 234 425 421 202 530 428 326 368 346 383 542 463 253 531 485 491 33 419 529 50 458 90 5ll 529 170 21 529 469 Ill 308 232 465 232 535 4Ci2 INDEX TO THE Supreme Court decisions (by name)-Continued. Manno et al., U. S. vs ................................ . MacDougall, In re ..................................... . Macl1an vs. De la. Ti'i.nidad et al... ........... . Magsino, U. S. vs ................................................ . Mangubat et al., U. S. vs -----·--·····-·······-······· :l\lariano, IT. S. 'VB •••••••.•.••••••••••••••••••••••••••••••••••• McCnllough vs. Aenlle & Co (Dissenting opinion, Cooper, J.) .... . i\foMicking, Knight vs . .......................... . Mendoza et al., U. S. va ....... . llijares vs. Nery et al. ......................................... . Mijares et al., U. S. vs Miller, U.S. w ................................... . Millo1·a., Braga va ... ············-·········-··--·········· l\lonasterio, Abello "'····· Montagne & Dominguez, In re .......... . Montano, U. S. 'VB •••••••••••••••• Montenegro, Alcantara va ................... . Montes, Domenech 1.'S .•• Mortil et al., U. S. 'VB ••••••••••••••••••••••••••• Municipality of Santa Rosa VB. Province of Ln Laguna .. Mnrciano, Valenton et al. vs .... Naguit et al., Veloso vs ... Natividad, U. S. vB ..•..•..••..••.... .. Naval, Leon vs ........ . Navarro, U. S. vs ................. . Xery et al., Mijares vs .................... . Oangoa~g et al., U. S. VB Obregon, U. S. VB .•. ···-·················-······ Odlin, Springer vs... ··-·····-···-·····-··········· . Oligores, U. S. 'VB •••• Pablo et al., U. S. vs. Padua, U. S. "'························-·· Papa, U. S. vs ....... . Perez VB. Pomar ........ . Peterson, Repide VB ..• Pineda et al., U. S. vs ..... Polosan, U. S. tis ... Pomar, Perez vs .... Provinee of La Laguna, l\Iunicipality of Santa Rosa m1 .. Punsalan, U. S. vs............... . .. ··-···-·····-·········· Querido vs. Flm·endo et aL.. Rama, U. $. vs... . .......................... . Ravidaa et al., U. S. vs ......................................... . Razon Social de Hijos de la Rama. rs. J..Atcson ....... . Repide vs. Peterson ......................................................... . Repide vs. Sweeney Reyes, U.S. vs ................... . Reyes, et al., U. S. vs ................. ····-···-···-············· Ricamora tiB. Trent ................. . Rodriguez, Llorente 'OS •••• --··-······················· • Roraldo et al., U. S. vs ............. ···-··-···-················ Rubio, U. S. vs ... Saadlucap, U. S. vs ... Sadian, U. S. vB ..••..••..•..••.....• Salonga vs. Concepcion ............ . Samio, U. S. vs........ ···--·--················· Santa. Rosa, Municipality of, vs. Province of La Laguna Santiago et al., U, S. vs....... _ ·-··-···-··-···-···-··-················ Santos vs. Sweeney ............................. ···--··-···--·········-····· Simeon, U. S. vs .. --··-···-············································ Singuimuto, U. S. vs ..... ·-··-···-···········-······· Smith, U.S. -vs.··-···-·······-··········· Sparrevohn tlS. Fisher ........................... . Springer vs. Odlin ..... . Page. 30 50 473 540 246 418 21 510 387 507 494 431 512 458 92 500 347 431 Ill 434 Supreme Court dACisions (by name)-Continued. Sweeney, Garcia tis ... Sweeney, Repide 11s ••••.••••••••• Sweeney, Santos tl8 •••••••••• Tan Meehan vB. De la Trinidad et al... .................... . To-Jameo, Co-Tiangco tis... ················-·········-·· Tomulac, U. S. vs ........................ ···-·····--··-··········-··-··········· Trent, Ricamora vs Trillanes, U. S. vs .......... . Trinidad vs. Jarabc Trono et al., U. S. 11s •••••••••• ---·-··-················· Tubig, U. S. vs ....••..•..•..•...•....•••.••.••..•..• Usie et al., U.S. tis Valdez et al., Cansino et al. vs ................ . Valenton ct a.I. vs. Mureiano .... . Veloso vB. Naguit et al ... . Vergara ct al., U. S. vs ................ . Versosa, U. S. vs ... ············--········-············ Villnlon ct al., Fernando vs ............ -·--······················ Viray, U.S. vB ..•• -··-··-·············-··-··-············ \Vashington, U. S. vs ............................ -·········-··················· Watson & Co. et al., Enriquez vs ........................ . Zafra et a.I., U. S. vs. Page. 270 493 545 473 415 484 94 416 511 296 202 344 367 434 527 504 506 502 486 440 213 544 527 Supreme Court decisions (by subject) : 488 Abuse of office, aggravating circumstance in rapP ....... . 345 308 486 387 251 309 :127 4 511 212 206 ID 213 423 431 19 lll 205 281 538 107 460 213 493 7 440 94 535 539 87 505 252 513 534 lll 131 545 489 384 23 2 327 Accessory after the fa<'tCharacter of property, notice of --···-··-·-··················· Duress, accused acting under .......................... . AccesHory before the factBrignndage, food and shelter ··-···-······················ Complicity, definition of ......................... . Inducement-···················- ............................................ . Moral coercion ·-···· -··-··························--·····-·· Originator of conspiracy ......... -······-························· Presence at commission of crime .................... . Relative liability of coprincipals Reward to perpetrator of crime ............................... . Working under orders of mutineers. AdYersc possession of public lands does not give title to ........................... . Aggravating cireumf;tances, proof required beyond reasonable doubt ..... . A levosla. (Bee Murder.) 92 229 538 127 228 567 , 228 228 90 507 127 434 199 Amnesty -········································· ·- ·- 157, 229 ·Answerlrrclev&ncy, motion to 11trike out ....................... . llO Tacit admissions, demurrer -··-···-··-···-·-····-····· uo AppealBail, pending.......................................................... .. 107 Dill of exceptions, time of filing ... ··-·--···-··-··--·········· 548 Correction of record ...... -··-·· .............. 34 Criminal, withdrawal of.............................................. 534 Effect of, on judgment --·--···-···-······-····'········· - 107 Evidence determined by bill of exceptions.. 308 Final order ........................................................... 484 From Customs Appeals Court.................................... 494 From justice courtBond, clerk's fees not secured .. --·--······-··········-'·· 22 Docket fees, payment of ................... . Mandamus to compel docketing ........ . From Land RcgistrRtion Court ... From order remo\•ing guardian ............................... . Law alone, findings contrary to evidence ............... . New trial, motion for, grounds of .......................... . Objection to evidence. grounds considered on ap21 22 303 366 506 293 peal ........ ···········--·--···-·············· 473 Swe<>nrr, Alemany ct al. vs ·-··--···-····'.·-··-···-···- ..... 110, 386 Right to .................. . 548 OFFICIAL GAZETTE 23 ---------- - - - - - - - - - - - Supreme Court decisions (by suhject)-Continue<l. Page. Supreme Court deciBions (by subject)-Continued. Page. Appeal-Continued. Brigandage-Continued. When permissible 367 Robbery en cuadrilla, not ... 365 212 \Vill contests, transcript ... 281 Supplying band with provisions .... ..\1Test and bail, liability of sureties .... Assanlt513 What con11titutesr. s. /),Y, Alcaniarn ei ul... On peace officer ... What constitntcs110 {j, S. NI. Amhain et al... 233 420 491 501 489 422 70 487 439 235 485 466 212 368 365 234 530 463 531 529 30 7 U. S. vs. De Jos Santos ..... U. S. vs. \Vushington ... AttachmentClaim of third person ... Prior order concerning other property of 1)C'frnda nt Prohibition, wl"it of ... Property in custQdia legis exempt from . Receiver, prior order to deliver to ... Attempt to commit crime, penalty, measure> of ... Attornt>\"S at lnwCo1;tract with client, nature of ... Disbarment proceedingsCumnlative remedy .... . Due process of law .. . Purpose of ... Summary proceedings not proper. Susp('nsion from practice ... Bai IA ft.er conviction .. . P<"nding appeal... .. . Bill of exceptionsBooks of account ... li37 440 529 213 529 327 213 253 458 458 458 50 50 458 108 107 473 Evidence, incorporation of... 33 Exception to judgment... 33 Filing. effect of.. 546 Filing, time of... 545 Final order, vacating order appointing commissionf'rs. not ... Notice of intention to prosecute ... Presentation for allowance ... Signature of trial judge ... Signed by whom ... Trial judge, successor of may si1,rn Who to certify ... Bills and notes463 33 33 94 213 94 546 Parol evidence to sho\V suretyship... 473 Principal and surety... 473 Bonds, justice court, appeal from... 22 Bribery 486 Brigandage-Accessory before the factFurnishing food ............................................... 212, 420 Furnishing food and shelter... 538 Furnishing information... 212 Furnishing money . 420 Aiding. and abetting, furnishing money, is not ... 439, 463 Attacking Constabulary barracks... 501 Complaint, amendment of... 326 Conspiracy, evidence... 30 Distinct crime . . 431 Evidence necessary to convict .. . Evidence of members of band .. . Information, duplfoity ... Lesser offense, conviction of .. . Number of armed brigands .. . 344 170 Pleading 489 Political character of hand .................................. 466, 544 Prf>fi<'DC'P in band. pr1•11nmption ... ···-·-- .. ·····- ··- -···- 233 l'. S. rs. Amos el al... r. 8. 1JR. Rare C't nl. ... t:. S. 1;s. Bundoc t>t al... 1·. S. 1;s, Cnlmenas .. . l!. S. vs. Cervantes .. . t:. S. 11s. Dalnwan .. . C. 8. 1:s. De In Cl'uz ... C. S. 11s. De la Crnz et ul... L'. 8. DN. De Guz1lian ... r. 8. rs. De Leon ct al... L". S. rs. De Padua. ... l'. S. 11.~. Espiridion cl ul.. ················-·········-·· l'. S. vs. Feliciano et nl... L'. s. 1!8. c;urcia ... V. S. rs. Ginete .. U. S. -vs. Gonzales ... l' . .'-i. 1:.~. Guillermo Pt ul. L". H. rs. Lahuyu t•t al.. l'. 8. 11s. ~lanno rl al... l'. 8. 11s. Mangubat et 111.. L'.. 8. 1:s. Mariano .... LI. S. 1;.~. Nativid1ul... l'. S. 1W. l'Of»L...-.... ·-··-·-···-· ······-·····-·····-···-·· lJ. 8. vs. PolO'UO-.. -······-·····--··-·· l'. 8. vs. Rama ... l'. S. vs. Usis et al... C. S. 1;s. Zafra ct 111 ... Certiornri540 488 206 431 538 344 544 Commrncement of 1n·oc1•f'dings in... .. 281 OrdC"r to show cause.. 281 Petition for, sufficiency of... 281 When Supreme Court will review by... 327 ChildrC'nlllegitimate, rights of... .. 387 ,\cknowledgment of. C'tfN•t... 387 Xuturnl, rights of... 387 J,egitime, right to.. 387 ('omplnintDf'fects cured, when. ........... .. . ........................ ....•.. 157 Ohjcctions, when to he madt• 157 Receiver, appointment of. allegation... 281 ( 'omplaint or informationAbsence of word "feloniously"... 202 Certainty of description... 170 Duplicity . 7 Inten·ention of stl'unger.. 5 Variance immaterial . 23 Confession, treason, cxtrajudicial.. .. 364 ConspiraC'yCon\'iction, not a bar to suhsequent prosecution 30 D<>fined . 30 }<;vidence, circumstantial... . 30 Illegal oath . 537 ,Joint action not sufficient proof of....... 30 Constahnlary. offences against discipline ofDesertion . 486 Sleeping on 484 Construction of '"'""'"--·--·---·---·-··--···-- --·--···-·- ·- - -···-·· 420 24 INDEX TO THE Supreme Court decisions (by subjec,-t}-Continued. ContemptBail, bond in, amount of ,Jurisdiction, action of com·t in excess of .... Prohibition, staying proceedings in. HeCf'h"er, failure to account to.... . ...................... . Review of, before fina.l judgment .... -···················-···ContractAcceptance of instrument of agreement .... Acceptance of work performed .. . Breach of conditions.. . ................................. . Consent. imtJlicd. Coni:1icleration determined by custom Consideration, g11-mbling debt ... Custom, con.sideration determined by. Damages, measure of .......... . Delivery, l!R'ect of accepting ........ . Duress ......................... . Esloppcl ...... . Execution, signature ... Gambling debt. not enforcible .... Hire Mistoke Quantum meruit ....... . Reasonable worth Sa.le, warranty against hidden defects ... Ser,·ices, reasonable value ..... . Sen· ices, work a.nd labor... . ConversionPage. 40:1 490 490 213 493 40;) 469 46!1 10 20 469 20 4fi!l 465 460 469 411;; 4()!1 20 46!1 41;} •o 41R 416 20 Etttafa 500 Ignorance of fact of..... 500 CostHDefinition of... 22 Distinguished from fcei;;... 22 ('ount<>rfeiting, what ronstitul<'s .. . 42;; Courts, First Instance. dh1tribution of <"lhWfil... .'i40 Courts-martial, jurisdiction... 83 Criminal complaint, mediation of pros('cuting attorne~· not e11sential........... :ill Criminal intent, proof of, nece11sary in brig11mll11.t<!... :144 Criminal liability. duress, defendant actuated by...... 282 Criminal procedureBail, pending appeal...... . ............................ . 107 Information; duplicity. Information; intervention of stranger ... l.Jiformation; variance; time... 2:1 Record, affidavit .... (]ustodia legia, property in, exempt from att.achment.. :lti Customs Appeals, Court of, acquitta.I by, no appeal from 494 Damages, measure of. (See llcasu1·e of damages.) Deadly weapon, not necessarily designed to take life.. :10 Demur1·cr, tacit admissions in answer.... 110 Descent of property... 38i Desertion ............ . 486 DisbarmentCumulative remedy . 458 Due process of law... 458 Purpose of . 50 Summary proceedings improper.. 50 Due process of law, disbarment proceedings... 458 Duress ................................................................ 462 Elections, provincial boa1·d; injunction... Ill BstafaAggra,·ating ri1·cmnstanc:eFrautl not... l '.t 0 Premeditation not..... HO Supreme Court decisions (by eubject)---Continued. Eatafa-Continued. Complaint; certainty of description ................. . Conversion of goods received on rommi11sion .. . Com·ersion of jewels ............................. . Elements of .............. . Presence of accm1e1l at t.rinl for ................ . Pretending to be officer, obtaining money by. Proof required to convict. ............................ . R~asonable doubt .. ~entence; presence of accused .... Silvrr certificate, raising denomination of, is ... Sum embezzled, description of ....................... . Threats of arrest, obtaining money by, not l~vidence---llooks of account ... Boundaries ····················-·-················· Brigandage ......................................... . CircumstantialConspiracy Hcasonuble doubt ..... Confession Damages for wrongful detention. Expert trstimony, not conclusive .. Hearsay, pedi1,>Tce, age ................................. . .Judicial noticeCurrent·y cqnivalenls .............. . ln'surrectionDate of inception Do tt> of termination ......... . Existence of st.ate of .... . Pap. 170 384 500 170 170 23 416 416 170 425 170 23 473 347 344 30 93 296 109 170 202 202 202 Natural child, recognition, 1,roof of 535 Newly discovered, ground for new trial.... 384 Objections, grounds rom1ider<>d on appeal 4 73 On appeal, determined by bill of exceptions........... 308 Pawn tickets . . ......... ..................... 513 Pedigree, age .. ................................. 109 lleasonable doubt ............................................ 109, 416, 485 Refreshing the memory................... 4 73 Uental value of property... ............................. 2 &a gcstae. ............................................................ 93 Review on appeal .................................................. :J46, 415 ~elf-defense .................................... . ............ 4 Treason, cxtrajudicial confession of........................ 364 WitnessesAttorneys 11s Credibility of ... Husband and wife ................... . Writings of deceased pe1;sons .......................... . Written, not necess11ry ... 1''alsi6cation of documcntKnowledj,.-e of falsity ............................ . Payable to bearer ........................................... . Signature not imitated ............................ . F,.,._ Clerk of court; appeal from justice court ............... . Definition of... . ..................................................... . Distinguished from t-osbl ... l•'indinbrs of factConclusiom1 of hnv 1tr1• not... Diisturbed, when ............................................... . In writing. should be .. . Issues, should emlmwe all the ... Not reviewable, wllt'n ... Objection to ....... . Supreme Court will not. disturb, when l~orcible entl'y and dt'tainrr. mr:umre of d:un~es ... J<'rnstrated nmrJer.. ·························--··· 347 293 513 473 347 368 425 234 20 22 22 431 293 431 542 431 34 415 489 OFFICIAL GAZETTE 25 Supreme Court decisions (by subject)-Continned. Page, Gambling. ~e~:n h~:;~:~:i~l ~~~---~-~~~~~~~~~::::::::::::................ ::: Guardinn .......................................................................... 366, 462 Habeas corpusErroneous order not set aside on ........ . Mistake of court acting within jurisdiction ........... . Handwriting. wills, appeal of ................ . Homicide.Abuse of .superiority ................................................... . Aggrn,·ating circumstaneesAge .. ···············································• Sex ........................................ . Alernsia, p1·emedibl.tion . . ................................. . Assnult, death resulting from wounds ................... . Consequences determine guilt .............................. . I~csio11cs, death resulting from, is not .................. . Mitigating eireumst.ancesInjury greater than intended ......................... . Intoxiention ................................... . Lack of intent ....................................................... . Lesser ofl'ense intended ..................................... . Yindication of offense ..... . Murder, one charged with, may be convicted of ... . Number of assailants ............................................... . Penalty, military court 213 213 281 482 505 500 482 326 326 326 206 253 87 87 87 ... 482 202 Pro,·ocution .................. . .. ....................... 421 Qualificati,·e efreumstances, absence of.................... 60ii Repeated and persistent attack ..... ,.......................... 421 Robbery with, complex crime. .................................. 482 Self-defense, e\•idenee .... .. ... ......... ............ 4 Uninhabited place ........................................................ 482 Husband and wifeSupport ........................ .............................................. 645 Witness for ad,·erse party.... 613 Illegal detention-Cruelty .... ............................ ......................... . 610 Permission to leave place of.... . ........... 491, 492 InjunctionEx<.-ess of jurisdiction 50 Praliminary, act accomplished... 111 Prohibition, writ of, to pre\·ent enforcement of.... 490 Insolvency, receiYer appointed, sworn statement required .................................. ............................................. 434 Insurance, double.................................................................. 232 InsurrectionConspiracy to overthrow Government.................... 504 Judicial notice ofExistence of ................................ 202 Date of inception of ......................................... . Date of termination of ................................ . Overt ads essential to convict ..... What constitutes Jeopar·dyConviction by military court ............ . Dual sovereignty .... Twice in, courts-martial. ...... . JudgmentAcquittal, Customs Appeals, appeal from ... Appeal, effect of ...................................... . Conclusiveness of court-martial ............................. . CriminalFinality of ...................... ·······················-··········· Presence of accused ....................................... . Exception to............ . .......................................... . On f~ilure ta amend ................................. . Judicial motice, c01:rency equivalents ....................... . 22367-4 202 202 5 .. 424 202 84 83 494 107 83 634 170 3, 33 367 170 Supreme Court decisions (by subject)-Continued. Pap. JurisdictionAboard ship .. ...........................................................• 127 Acts in excess ofMandamus, writ of.............................................. 491 Prohi~ition, writ of ........................................ 490, 492 Courts-martial . ..... .................... ................................ 83 Military courts, in time of wa.r................................ 202 Power to 01·der implies power to punish.................... 213 Justice court·AppealDond, not security for clerks fees...... 22 Docket fees, payment of................. 21 Mandamus to compel docketing........................ 22 Kidnaping, permission to leave place of detention .... 491, 492 Lt"sscr offense, conviction of................................................ 7 ::UandnmusAppeal, to compel allowance of.................................... 386 Bill of exceptions, to compel signing of ................ 9·4, 493 Commencement of proceedings in............................ 281 Docketing 1l cause; other remedy. ......................... 22 Execution, to compel issuance of................................ 491 Order to show cause, issuance by clerk.................... 279 lforriage and dh·orce-Canon law ..................................... ............................. 166 Ch-ii Code, suspension of titles 4 and 12 of book l.. 186 Decrees of <.'Otmcil of Trent............................ 186 Divorce-AdulteryCondonation of ............................................ 293 Effect of ........................................................ 166 Alimony ................................ 545 Condonation .................................................... 186, 293 Effect of ..................... .......................................... 166 Grounds ..... .......................................... 166 Jurisdiction .......................................................... 166 Recrimination .................................................. 168, 293 Ecclesiastical courts ........................... 166 General Orders, No. 69, of December 18, 1899, not retroactive ... ............ ....... . .................................... 387 Law of 1870 not extended to Islands........................ 186 Marriage, presumption of.................. 545 Measure of damages, forcible entry and detainer............ 2 Militarr lawCo11rts-n1artia.lJeopardy ................................................................ 202 Judgment; opinion of judge-advocate............ 202 Jurisdiction in time of war. .. ........................... 202 Homicide, penalty for.................................................... 202 Hostilities, local cessation of.................................... 202 Insurrection, judicial notice of.................................... 202 Opinion of judge-ad\·ocnte, effect of........... 202 Minors, pcnaliy for crime, measure of .......................... 263 Money, United States silver certificate not.................... 425 (See also Specia.1 notice on page 497.) Motion to strike out, when not proper............................ 110 MurderAccessories before the fact, working under orders of 111utinecrs ..... ....................................................... 127 Aggravating circumstanceAlevosia .................................................................. 88 Dwelling house .................................................... 428 Dwelling house of victim...................................... 228 Fraud ......... .................................. 228 Nighttime ........................................................ 228, 428 Premeditation .............. ...................................... 428 Proof required, measure of 199 Remuneration ...•.................................................... 428 26 INDEX TO THE Supreme Court decisions (by subject)-Continued. Page. Murder-Continued. .d.levosiaEle111ent of 306 Inferred, not to be.... 419 Insensibility of victim ........................................ 507 Risk to one's self, negntives................................ 419 Sleep of victim ........................................ 428, 484, 507 Strangulation ...................................... 507 Wh11.t constitutesU. S. vs. Alvarez .......................... ............... 199 U. S. w. Correa et al.................................... 88 U. S. vs. Devela et al.................................... 482 U. S. vs. Donoso et al........ ......................... 306 u. s. 1'S. Git.................................................... 428 U. S. VB. ldica................................................. 419 U. S. VB. Mijares et al..... 507 U. S. VB. Punsalan ...................................... 205 U. S. vB. TODlulnc ..................................... . ••• An1bush .............................................................. 131 Amnesty, political offense... 93 Attack from the rear .................................................. 131 Circumstantial evidence of........................................ 157 Death penalty without Judicial sanction, is............ 308 .Generic circumstanCC!sAbuse of superiority ............................................ 201 Uninhabited place, what constitutes 201 Justification, deceased thought to be brigand........ 306 Lesser offense, conviction of............................ 505 Mitigating circumstances. Age......................................................................... 131 Drunkenness, not ................................................ 428 Ignorance ............................................ . ..... 90, 228 Race 228 Nocturnity ................................. ..... ........................... 484 Premeditation ............................................... 228, 306, 484 Not to be inferrPd ........................... 419 Process of law, death penalty without, is................ 308 Qualiflcative circumstance-Alevosfa ..................... ....... ....................... 90 Illness of deceased.................. 199 Unarmed victim ....................................... 199, 206 Necessity of allegation. ...................................... 157 Premeditation .......................................... 127, 199, 206 Determination distinguished from............ Ul9 New trialBefore same judge...................... ............................. . 346 Grounds for ... 293 Need not to be stated at length............... 246 Newly diseoverP.d evidence .............. 384 Motion for ........................................................ 2, 415, 506 Evidence not reviewable, when .... ..................... 415 Exception to judgment.. .................................... 2 fte,·iew of l1tw a.Ione. .......................................... 506 Notaries publieWills, presidents acting- as notary ...... . Wills, protocolization of ............... . Parent and cl1ildNatural childAcknowledgment .............................. . Mother, recognition by ....... . Status ............. . Toro, laws of. Support of children ................................................... . ParricideAggravating circumstance512 502 535 535 535 535 545 Premeditation ...................................................... 434 Sex, not .................................................................. 434 Partition, property in possession of third person........ 464 Supreme Court decisions (by subject)-Continued. Pap. Peace ollicer, assault on....................................... 110 Penalties, attempt to commit crime................................ 263 Pleading and practice-Answer, irrelevancy .................................................... 110 AppealsFrom final order . ................................................. 367 From order allowing will.................................... 281 Appeal from justice court.Bond ........................................................................ 22 Docketing ·························································-··· 21' Appellate procedure-Correction of record............................................ 34 Evidence, review of.............................................. 346 Findings of fact ................................................ 346, 347 Review of evidence................................................ 506 AttachmcntClaim of third person............................................ 529 Prohibition does not lie to discharge................ 529 Bill of exceptionsA1towe<l by whom................................................ 546 Effect of filing............................. ......................... 545 Exception to findings ................ ,........................ 34 Exception to judgment........................................ 33 Findings, exception to.......................... 34 Incorporation of evidence in .............................. 33 Jurisdictional facts must appear........................ 34 Motion to amend.................................................... 34 Notice of intention to prosecute........... 33 Presentu.tion for allowance................................ 33 Signature of ........................................................ 94, 213 Tin1e for filing........................................................ 545 Time for presenting 546 Ccrtior11ri, comph1int in................................................ 281 ComplaintAmendment; exhibit.s.......................................... 367 Certainty .. ............................................................. 367 Exl1ibits .... ............................................... 367 Failure to amend.......................... 367 Variance ................................................... 530 Contempt proceedingsProhibition to stay ...................................•.......... 490 When mandamus will not lie............................ 493 Costs defined ........ ...................................... 22 Disbarment proceedings, day in court, right to.... 50 Dismissal, motion for............................ 93 Docketing appeals from justice court........................ 22 Fees defined ................ ................................................ 22 Final order; partition suit........................................ 463 Findings, writtenAbsence of, reversible error................................ 431 Conclusions of law................................................ 431 MandamusContcmpt proceedings, when does not Jie in.... 493 Docketing, to compel.... ...................................... 22 Execution, to compel issuance of........................ 491 Form of action........................................................ 281 Guardian, removal of............................................ 306 Order to show cause............................................ 279 Motion for new trialException to judgment .....................................• Time when made ................................................. . Motion to strike out irrelevant answer.................... 110 New trial, motion forFindings of fact ................................................ 293, 308 Grounds of ............................................................ 293 Re·dew of evidenee. ............................... ..-.......... 415, 306 Time within which must be decided.:.............. 34 OFFICIAL GAZETTE 27 Supreme Court decisions (by subject)-Continued. Page. Supreme Court decisions (by subject)-Continued. Page. Pleading and practice-Continued. Robbery-Continued. Objection to evidence; grounds .. . 473 Hcpcal, Act No. 518 does not 30 530 23 482 Partition; adverse possession .... . 464 Threats, procuring money by ... Powers of court during \"A.cation .. . 33 Threats of arrest, obtaining money by ... Prohibition- With homicide Attachmcnt, to discharge ...... . 529 SaleExcess of jurisdiction... 490 Form of action... 281 Staying action of receiver.. 492 Recei,·ershit>-Created by \•oid order... 492 Discontinued, when... 434 In fraud of creditors... 491 Suney of property in litigntion... 346 Wills, 1dlownnce of... 281 Private prosecutor, criminal Hction, may recover in... 32i Probate, protocolization, 1lel11y, effect of... 512 ProhibitionAttuchment . 529 CommencC'mcmt of proceedings in ...... . 281 Injunction, to prcnnt enforcl'ml'nt of ... 490 Promissory note, payee not designated ... 542 Public lands, adverse possC'ssion ...... . 434 UapeAi:gra,·ating C'ircmnstances, abuse of office... . 345 Attempt to commit... . ..................................... 253, 309 Threats 506 L"ninhnbited plucc . \Veapon, defendant armed with ... RealtyAdverse occupancy ... Adverse possession. time required to bar title ... Crops Ejectment 506 506 434 527 434 52i Extraordinary prescription . 527 Possessory information, canccllntion of... 527 Statute of limitations . 527 Reasonable doubtAggravating circumstances, proof required, measure of 201 Benefit of, defendant entitled to... 109 Circumstantial evidence... 7 Opportunity to offend, e\·idence of.... 485 Suspicion, circumstance giYing rise to... 485 Two possible explanations.... 30 RebellionDefense; duress . What constitutes Receivership262 . ....... 424, 539 Certainty of consideration .... 246 Conditional, failure to redeem... 347 Considerntion, certainty of... 246 Defects, wunanty against ......................................... 418 Inventory 246 Quality of goods................ ........................................... 246 Sample, goods warranted similar to.. 246 \YurnmtyDcscription, sale by. ...................... ................... 246 Hidden defects ..................... : ................... 246.. 418 Sample, sale by... 246 Secret political society... . ................ 252, 537, 543 Signatmc, by another 465 Statute of limitations, does not run aga.inst the State.. 434 Statutory construction, physical conditions of country.. 34 Supreme Court, discretional power, bail... 107 Sun·ey of property in litigation... ' 347 Suspension of laws, power of Spanish governor-general 166 Theft, accessory after the fact... 2!)5 Threats 489 TreasonExtrajudicial confession of, not admissible... 364 Ovcl"t act necessary component of.... 364 Unlnwful oath ................................................................. 537, 543 Usurpation of judicial power... 383 Vacancies::\Iunicipal president ................................................ . Vice-president . \\"illsAppeal, trnnscl"ipt on .... Execution of ... Holographic, requisites .......................... . Legacy, validity not determined by probate ... Open willProbate ............................................................. . Prs.tocolizution Probate of, effect of ................................................. . \\"ork and laborCustom, wage determined by ..............................•. Reasonable worth ... Sul'igao, Province of: Board of tax revision, members of .................................. . Land tax, l"evision of assessment lists .......................... . 495· 495 281 366 502 366 512 512 366 20 20 Attachmcnt does not effect prior order regarding .. Contempt, refusal to deliver to, is ... 213 Surra, marking animals afflicted with ..... 289 289 413 304 164 481 RobberyAbetting brigands . Aggrav~lting circumstancesDeception . •Nocturnity Breaking into cal" .. ComplaintAbsence of word "feloniously" ... Description of property ... En cuadrilla213 Surveyors Suspensions . . .............................................. . 439 Tanauan, Il;1ta11gas, loan for police of .. . Tariff Revision Law, 1901. (See Customs and Immigra87 tion, Burrnn of.) 251 Taulbee, Lieut. Geo. B., act for relief of ..... 5 Taxes: 202 202 Collection of delinquent, procedure .................................. . Extension of payment of land taxAlbay ·······································································-····· Accessory after the fact... 92 196 381 457 457 166 Elements 87 Cagaynn Cnpiz Ilocos Sur lloilo ................................... 290, 525 Not brigandage . ..... 365 What constitutes ........................................... 87, 365 Evidence, reasonable doubt... 485 MitilUting circumstances, intoxication ... Pretending to be offit;er, obtaining money by ... 251 23 J.,a Laguna1903 1!)04 1\lindoro . 523 245 382 198 28 INDEX TO THE OFFICIAL GAZETTE Taxes-Cont.inned. Extension of payment of land ta.~-Continued. 1\lisa1nis ...... . .......................................... . Nm!Vll Ecija .............................. . Occidentnl Ncgros Oriental Ncgros ..................................... . Pampanga ..................... . ............................... . Pangnsinan .... . Zambales ......................... . Industri11I, payable in Philippine currency. lntc1·11al revcnueP11y11ble in Philippine currency ............................... . Prl'liminary listing ................... . l\lnnicipal, pnyable in Philippine currency. On c11-rts, suspended .................................... . Payable in Philippine currency ....................................... . Rc,·i11ion of tax asscssmentBatangns (se<.'Ond revision) ....... . l'1n·itc (second rc,·ision) ........................ . Ilocos Norte (Badoc) ................................. . Iloilo--Lands of Johl.ndoni... ................ . Warner, Barnes & Co ........................ . La Union ................... . ............................... . )lisan1is ....................................................................... . Surigno ........... . TayllbaS (Bone) Tayabas. PrO\·ince of: Boac, provincial board to revise assessment lists ....... . Non-Christian tribes, loca.l government for ...... . Reduction of municipalities to 26 ............ . Taylor, S. \\'., appropriation reimbursing ........................... . Teachers: Absence due to illness charged ago.inst vacation leave. In classified service ................................................. . Leave of absence ............................................................. . Salaries of, Bato.ngns, loan for ................................ . Textile fibers, articles on: Abacn .................................................................................. . Cotton tree . Kapok Tobacco, listing nmnufac:turers of. Transportation: Cold Storage and Ice Plant ................................. . Insular officers and their effects ..................................... . Intcrisland, Coast Guard launches .......................... . Page. Treasury, Insular, Bureau of: Page. Account-current, monthly, to Ch·il Governor and Sec523 , reta1·y of \Var .................................... .......................... 245 277 Banco Espanol-Filipino, statemeut524 Deeember, 1903 ........................................................ 113 409 January ....................................................... 254 409 February ............................... 276 525 March ....... ......................... 341 525 April .............................................................................. 447 17 Bonded positions, duties of Insular Treasurer with reference to changes in...................... 279 17 Inspectors to examine accounts of clerks of court........ 458 525 :S-otice to surety company of bond desired........................ 279 17 Secretary of Fina.nee and ,Justice, supervisory powers.. 413 413 Treasurers, municipal, Mexican dollars purchased by, when 106 17 Treasurers, provincial: Mexican dollars purchased by, wl1en................................ 105 165 Salaries fixed by, payable in Philippine currency........ 17 291 T1·caty of Paris, text of.... . .................................... 477 411 Ulti·amar, Socieda.d Agricola de. (8ce Friar lands.) L'nion S~1rety and Guaranty Co111p1rny, authotity to do 500 business revoked ..................................................................... 235 343 L"nited States Navy, public lands dedicated to.................... 49 357 \'acancies: 277 In classified service, how fl.lied............................................ 210 289 ProvinciRl governor, salary of temporary i11cumbent.... 526 343 Vaccinators, right to part of fines. 441 \"cntilation of buildings...................................... 409 343 \'illnmor, Ciriaco, a.ppt·opriation reimbursing........................ 164 382 Vital statistics: .No,·ember, 1903 .......................... 53 124 December, 1903 173 Januarr, 1904 ................................................. 177 i8 February, 1904 .......................•........................... 263 210 lfarch, 1904 . ....................................... 329 ii April, l9d4 ..........................................•• 441 22i \\"agon l"Oads: Calamba-Los Banos-Day road............................................ 210 270 Roads in J4a Laguna and Tayabas.. ......................... 210 208 Roads in Rb:al-Taytay to Antipolo.... .. ....................... 211 26!) Wnrnc1·. Barnes & Co.: 525 Appeal of to Court of Customs Appeals. (See Customs Appeals, Court of, decisions of.) 150 Revision of l\'!Scssment on property of..... 343 305 Watcr-clo11ets, •·cgulation of, in Manila.......................... 409 261 Weather Bureau: Provincial launches ............................................................ 261 Appropriation ......................... ............................................. 141 (See also Civil Service Board.) Meteorological dataTreasurer, Insuhtr: November, 1903........ . ....... .......................................... 67 Appropriation for Bureau of ......................... 147 December, 1903.......... ........................ ............ 182 Bullion, purchased by- January, 1004............ ................................... 182 Cost of, charged against gold-stnnda.rd fund......... 105 February, 1904................................................... 274 Money coined from, accrues to gold-standard fund.. 105 March, 1904........................................................... 334 Ca.shier of Philippine exhibit- April, 1904 ................................................... 447 Abstracts of deposit transmitted by, to, monthly.. 194 \\"hancs, under control of Collector of Customs.................... 408 Deposits made by, subject only to order of............ 104 Witnesses: Currency, Spanish-Filipino, ob1igations payable in, Chief of Bureau of Public La.nds may examine............ 344 duty in case of ............................................................. 125, 155 Chief of Bureau of Public La.nds may subpama............ 344 Employees, deceased, citizens of the United States, Court-martial, refusing to obey subpoma of.................... 378 amount due cstate11 of, payable to........................ 79 Provincial board may subpcena... ................................... 363 Mexican currency, value of, determined by.................... 105 Works of the port, committee on damage to bulkhead........ 279 Mexican dollars purchased as bullio~ by, when............ 105 Wl'ight, Hon. Luke E., address by..... ..................................... 81 Moneys appropriated, currencies in which available for Zambales, Province of: withdrawal .................................................................... 125, 155 Act detaching pa.rt amended. . ............................ . Moneys, exchange of, notice to be given by, to Land tax, extension of time for payment ........... _............. 525 Auditor ··-···-··············.··································· ........ 125, 155 Reports. to --·-···-··-···········.··········-···-· 18 0