The History of Cuba, vol. 4

by Willis Fletcher Johnson

This led, under General Wood's administration, to a general revision of the system of courts, court procedure and jurisprudence. In the first year of intervention, indeed, General Ludlow established a Police Court in Havana. This was not authorized by Governor Brooke, and was regarded as of doubtful legality. Nevertheless it remained in operation and undoubtedly served a good purpose in disposing promptly of most of the petty cases of arrest for misdemeanor. So valuable was it that General Wood, on becoming Governor, determined to[{179}] place its legal status on the surest foundation possible, by issuing an official order for its creation and recognition. In this he did not himself escape criticism, not from Cubans but from Americans. The same people, or the same kind of people, who had blamed him for paying so much attention to Cuban education now declared that he had no business to meddle in any way with the judicial system of Cuba. That was not what America had intervened for. To such objections little attention was paid. General Wood rightly regarded it to be his business to do anything in any department of government that would promote the ends of justice and good government and the welfare of the Cuban nation.

Police courts were therefore established not only in Havana but also in the other cities. The Department of Justice was moved to examine into the conduct of all the courts. When judges were found to be unjust, corrupt, incompetent, or otherwise unfit to serve, they were removed. Competent clerks were appointed, and they and all other court employes were put on fair salaries, the fee system which formerly prevailed and which was so susceptible of abuse, being abolished. Competent and trustworthy lawyers were employed at state expense to serve as counsel for those who were too poor to hire them.

It was under General Wood, in his first year of administration and the second year of American intervention, that Cuban civil government was elaborated, that an election system was devised and put into effect, and that political parties had their rise. The Civil Governors of the Provinces were now all Cubans: Of Pinar del Rio, Dr. J. M. Quilez; of Havana, General Emilio Nunez; of Matanzas, General Pedro Betancourt; of Santa Clara, General Jose Miguel Gomez; of Camaguey,[{180}] General R. Lopez Recio; of Oriente, General Demetrio Castillo. It was General Wood's wise and just policy to fill Cuban offices with Cubans to the fullest possible extent.

Therefore it was determined in the spring of 1900 to hold an election for municipal officers throughout the island. An order was issued on April 18, appointing the election for June 16, for officers to be installed on July 1 for a term of one year. The officers to be chosen were Mayors, or Alcaldes; members of City Councils or Ayuntamientos; municipal treasurers and judges, and judges of the police courts.

The preparations for the election were made and a new electoral law was drafted by a commission of fifteen members, appointed by General Wood. Of the fifteen, thirteen were Cubans and two were Americans. The Cubans were representative of the various political parties into which the people of the island were beginning to divide themselves. It cannot be said that the meetings and deliberations of the commission were particularly harmonious. In the end two reports were submitted to the Governor, of which he selected for adoption that presented by the minority. It comprised the new elections law, which he promulgated on April 18 in the proclamation calling for the election. This law provided that a voter must be a male Cuban, native of Cuba or born of Cuban parents while they were temporarily visiting abroad, or a Spaniard included within the terms of the Treaty of Paris of 1898, who had not elected to retain his Spanish allegiance; he must be twenty-one years old, and must have lived in his municipality for at least thirty days immediately preceding registration; and he must be able to read and 50 in American gold; or have served in the Cuban army prior to July 18, 1898, and have been honorably discharged therefrom. The ten consecutive days from May 6 to May 16 were appointed as days of registration.

The total number of voters registered was 150,648, which was a little more than fifty per cent, of the total number of men of voting age, which had been shown by the census of 1899 to be 297,765. However, there were some thousands of adult males in the island who had elected to retain their allegiance to Spain, and therefore could not vote, so that the number registered was considerably more than one half of the possible voters. At the election on June 16 the total vote cast was 110,816. There were some protests and complaints of fraud and illegal voting, and it is not improbable that there were some such abuses; as there have been known to be in other lands, even in the United States of America. On the whole the elections were probably reasonably fair and honest; they were peacefully and quietly conducted; and they gave much encouragement to the expectation that the people of Cuba would prove themselves worthy of the opportunity of self-government which was being placed before them.

At this election there were three parties. The Union Democratic was composed of the more conservative element, including many of the old Autonomist party, and it was largely inclined toward annexation to the United States, or toward a permanent and efficient protectorate by that country. Its numbers were few, and it took little part in the election. The Nationals and the Republicans ranged from liberal to radical, and between the two in principle there was no perceptible difference.[{182}] These parties did not long survive, but were transformed and merged into the Conservative and Liberal parties of later years.

Political parties in Cuba had their origin about the time of American intervention in the war. That was an assurance that Cuba was to have her independence and become self-governing, and that made it seem worth while to form into parties. The full development did not come, however, until it was seen that the United States intended to keep its word by leaving the government and control of Cuba to the people of the island, and that conviction did not come to the general Cuban mind until some time after the United States entered the war. It first began to arise in considerable strength when the United States government forbade the granting of any franchises or concessions during the American occupation. That certainly looked as though the Americans expected to get out of the island at an early date. As the administration of General Wood went on, constantly increasing the participation of Cubans in the government, the confidence in American good faith increased, and of course the organization of parties became more complete.

There were then, however, as there are now, no such differences between the parties on matters of political economy or administrative and legislative policy, as exist in other lands. They are simply the "Ins" and the "Outs." One party is in office and wants to stay in. The other is out and wants to get in. In their methods, however, the two differ widely. The Conservatives have been consistently in favor of constitutional and lawful measures, the maintenance of peace and the safeguarding of life and property. They have always been willing to accept and abide by the result of an election, even[{183}] though it were against them. The Liberals, on the other hand, as we shall more convincingly see in the course of this narrative, have been in favor of practically any means which would enable them to gain control of affairs. They have on several occasions not hesitated to involve the island in revolution, provided that they would be able to profit from it by gaining office.

In this first election for municipal officers there was little partisan rivalry, and indeed that did not rise to any great pitch until the end of the first intervention and the establishment of a purely Cuban government. The chief partisanship was really personal. Each important military or political leader had his own following. Such rivalries were not yet, however, acrimonious or sufficient to have any material effect upon the progress of public affairs.