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Full text of "The Philippine citizen .."

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THE 

PHILIPPINE CITIZEN 

A TEXTBOOK OF CIVICS, DESCRIB- 
ING THE NATURE OF GOVERNMENT, 
THE PHILIPPINE GOVERNMENT, AND 
THE RIGHTS AND DUTIES OF CITI- 
ZENS OF THE PHILIPPINE ISLANDS 

FIFTH EDITION 



BY 
PRESCOTT F. JERNEGAN 



MANILA 

PHILIPPINE EDUCATION COMPANY 

1913 



6'^ 



Copyright, 1910, x9ia 

By PHILIPPINE EDUCATION COMPANY 

(Al/ Rights Reserved) 

First Edition, November, 1907 
Second Edition, October, 1908 
Third Edition, April, 1910 
Fourth Edition, March, 1912 
Fifth Edition, January, 1913 



TO THE RISING GENERATION OF FILIPINOS, WHOSE 
INTELLIGENCE, INDUSTRY, AND PATRIOTISM SHALL MAKE 
REAL THE DREAM OF THEIR FATHERS — A SELF-GOV- 
ERNING FILIPINO STATE THIS BOOK IS AFFECTION- 
ATELY DEDICATED BY THE AUTHOR 



271^64 



The best laws, though approved by every citizen of the 
State, will be useless, unless the young are trained by 
habit and education in the spirit of the Constitution. 

— Aristotle 



PREFACE TO THE FOURTH EDITION 

The primary purpose of this book is to help Fili- 
pinos to understand and perform the duties of citizen- 
ship. After giving an analysis of the nature, forms, 
methods, and duties of government in general, it 
traces the development of the present government 
of the PhiHppines from the beginning of American 
occupation to the present. The organization of the 
various branches of the government of the Philippines 
is presented and explained, as modified by the legisla- 
tion extending to January i, 191 2. Special chapters 
follow on the rights and duties of Philippine citizens. 

The Philippine government is unique among all gov- 
ernments, past or present. Its serious study is the 
first duty of Filipinos, while for Americans its interest 
is second only to that of a study of their own political 
institutions. 

In presenting the fourth edition of The Philippine 
Citizen^ the author wishes to express his appreciation 
of the reception accorded to previous editions, and to 
renew his thanks to the friends, now too numerous to 
mention, who have contributed their advice and criticism. 

It is the author's heartfelt wish that these pages may 
in some small degree make clear to the Filipino people 
that the only sure road to the attainment of independent 
democratic statehood is the patient upbuilding of the 
whole people into an intelligent, industrious, and patriotic 
body of citizen-nders. This was the message of Rizal. 
The belief that the Filipino people will heed this 



vi PREFACE TO THE FOURTH EDITION 

message the author elsewhere expressed in words famil- 
iar to many readers of this book : 

Yet still beneath thy ardent sky, 

Philippines, my Philippines, 
More numerous sons shall live and die, 

Philippines, my Philippines ; 
In them shall breathe the purpose high, 
The glorious day to bring more nigh. 
When all may sing without a sigh, 

Philippines, my Philippines. 

PRESCOTT F. JERNEGAN 
HiLo, Hawaii Territory 
December i, 191 1 



CONTENTS 

PART I 
The State and its Government 

CHAPTER I 

PAGE 

The State and the Citizen i 

CHAPTER II 
Forms of Government 14 

CHAPTER III 
The Representative Democracy 19 

CHAPTER IV 
The Duties of Government 29 

CHAPTER V 
Government in the United States 39 

PART II 
The Organization of Government in the Philippines 

CHAPTER VI 
The Establishment of American Sovereignty . . . .47 

CHAPTER VII 
The Philippine Commission — Organization and Purpose . 54 

CHAPTER VIII 

The Philippine Legislature 61 

I. The Philippine Commission 
II. The Philippine Assembly 

CHAPTER IX 
The Executive Departments 82 

CHAPTER X 

The Bureaus of the Insular Government j , . • .87 

vii 



viu CONTENTS 

CHAPTER XI 

PAGE 

The Election Law 99 

CHAITER XII 
The Provincial Governments iii 

CHAPTER XIII 
The Municipal Governments 125 

CHAPTER XIV 
The Municipal Council 134 

PART III 
The Duties and Rights of the Philippine Citizen 

CHAPTER XV 
The Citizen and the Law 140 

CHAPTER XVI 
The Courts of Justice 152 

CHAPTER XVII 
Taxation and Taxes ,160 

CHAPTER XVIII 
The Postal Savings Bank and the Homestead Law . .171 

CHAPTER XIX 
Public Education 179 

CHAPTER XX 
The Training of the Citizen 186 



THE PHILIPPINE CITIZEN 

PART I 

THE STATE AND ITS GOVERNMENT 

CHAPTER I 

THE STATE AND THE CITIZEN 

Society. The habit which men have of living in 
groups we call the social habit, and a group of men liv- 
ing in one place, or united by the same rules, we call a 
society. The entire human race is one society divided 
into many smaller societies. Even animals, like the ant 
and the bee, unite in groups to build their houses and 
get their food. So men unite in societies to help each 
other. Without society there could be no government ; 
for government is an act of society ; it is the method 
by which the social union is made useful and secure. 

Government. Government, then, is the system of 
control by which a society compels the obedience of 
all its members to laws, and to officers who adminis- 
ter the laws. It is an act of society as a whole ; it 
speaks with authority to all ; it rests upon laws made 
for the obedience of all ; and it exists for the benefit 
of all the members of society. This is the definition 
of ideal government. Actual governments sometimes 
exist for the benefit of the few, and rest upon laws 
which have not the support of society as a whole. 



2 THE PHILIPPINE CITIZEN 

Govern)!) erH has grown from simple beginnings and 
passed through many stages. We do not know how 
government began, but probably the earliest form 
of government was the patriarchal, or family, form. 

The family. Among some primitive peoples there 
is no rule but that of the father. The father and his 
descendants form a society that even today, in some 
parts of the world, has no government higher than 
that of the oldest living male ancestor. In the deep 
forests of Mindoro and in the wilds of Mindanao wander 
single families who pay no tax and know no ruler but 
the father of the family. When a family is very large 
and other families spring from it, the group of related 
families is sometimes called a clan and is governed by the 
oldest living male ancestor. Clan government is simply 
enlarged family government, since it rests wholly on 
kinship. 

The tribe. Tribal government usually includes 
larger groups of men than family or clan govern- 
ment, and the members of the tribe are not always 
closely related. Yet the tribe is founded on belief 
in kinship. New members are often adopted into 
the tribe Hke children into a family. In any case 
the tribe is, with few exceptions, composed of people 
of the same race, and the stranger and alien in race and 
language is not often welcome. The Indian peoples of 
America and some of the wild peoples of the Philip- 
pines are examples of tribes. Tribal government does 
not tend to develop a high civilization. 

The nation. " Nation '^ is a term applied to social 



THE STATE AND THE CITIZEN 3 

groups whose form of government does not neces- 
sarily depend upon relationship of blood. Usually 
the people of a nation are of the same race, but there 
are many exceptions, like the Swiss, who are a union 
of Germans, Frenchmen, and Italians. A nation usually 
will receive the stranger of another race if he promises 
to obey the laws of the national government. The 
principal ties that bind men into nations are^unity^of 
ijaceand language, com mon traditio ns and history, and 
similarity in customs, religion, and commercial interests. . ^ 

A nation may spring from some or'all of these ties.^v^--^ 
No two nations have ever arisen in just the same way. N 
Wherever there is a sufficient number of ties, of whatever^2>^ * 
kind, to bind people together so that they feel a loyslty 
to e ach oth gr and a desire _to sep arate from other social 
groups, we have the beginnings of a nation. 

The state. The family, the tribe, and even the nation, 
are often merely social groups, which exist with little or 
no government. The state, however, is a soci al grouj 
with a goygrnme»fed--Qrgaiii^tion. By fEe " state " 
we mean a society organized as a po litical body . Some 
nations exist in the form of states and some do not. 
The Jewish nation, for example, is scattered through 
many countries. It has no governmental organization 
or distinct political life, but it has a unity of race, his- 
tory, customs, and religion, that gives it the right to be 
called a nation. But it is not a state, because it is not 
governed as a whole by its own laws and by rulers of its 
own choosing. It is not a political body. 

It will be seen, therefore, that " the state '^ is a term 



4 THE PHILIPPINE CITIZEN 

that applies only to a social group that has laws, offi- 
cials, and a government of its own choice. It is not 
customary to call a nation a state unless it is independent 
of other nations. A nation with a government which is 
subject to a stronger sovereign nation is usually called a 
dependent state, a dependency, or a colony. 

It should be noticed that " state " and " govern- 
ment '^ do not mean the same, though they are often 
incorrectly used in the same sense. Government is the 
control by means of laws and officials which a state 
exerts over the people of which it is composed. The 
state is the body of people who establish and are sub- 
ject to the government. That the state and the govern- 
ment are different is plain if we remember that a state 
often has several forms of government in succession. 
Its government changes, but the state remains. The 
state is simply the people of a nation acting as a political 
whole for the purpose of governing themselves; hence 
we say, the state has a government. 

It must never be forgotten that the state is higher 
than the government, that the government exists for 
the state, that is, for the whole body of the people. 

The extent and power of the government. Among 
the many organizations within the state, Uke fraternal 
societies, business corporations, and others, the organized 
body of men who make and execute the laws and are called 
"the government" is the most powerful. 

In the various branches of government in the Philip- 
pine Islands nearly 40,000 persons are employed. They 
are scattered throughout the three hundred islands 



THE STATE AND THE CITIZEN 5 

inhabited by Filipinos. Telegraph lines, steamship 
and railway routes, and the highways connect these 
officials and employees of the government so that they 
work together like the big and little wheels of a large 
engine. Wherever we travel in the Philippines, we hear 
the clicking of these wheels. 

The government does many kinds of work : it builds 
the roads, carries the mails, keeps peace and order, 
educates the young, and protects the public health. 
The government, as the representative of the state, is 
richer than any man or society of men in the Philip- 
pines. It has hundreds of valuable buildings ; it owns 
many times as much land as all other landholders to- 
gether ; it collects vast sums of money from the people. 
More than 30,000,000 pesos yearly flow into the various 
treasuries of the Philippine government. The govern- 
ment, then, is a great band of men, doing many kinds of 
work, but all the work of the government is done, or 
should be done, for the people, or state. 

Government a growth. A most important fact about 
all governments is that they were not made in a day, 
but have grown up slowly like a tree. When a man 
wishes to build a house, he draws a plan of it; then he 
gets the bamboo and nipa, or wood and stone, and shapes 
and joins the materials as he wishes. But men and 
women are not like wood and stone. Some of them are 
willing to be governed and some are not. Some learn 
quickly to obey the government, and some learn slowly 
or never. The material of which the state constructs 
its government is human minds and wills ; these cannot 



6 THE PHILIPPINE CITIZEN 

be shaped by force, like dead wood, to fit a plan. The 
dead wood does not change its form of itself ; it obeys 
the chisel and the saw ; but living minds, like living trees, 
are always changing and growing by means of a force 
within themselves. So governments grow and change 
with the growth and changes of the human mind. 

The right of the state to govern. Every one has the 
right to ask why the state should claim the right to govern 
him. The state is composed of individual persons. You 
have a name different from all other names, because there 
is nobody else just like you in the world. You are an 
individual, and for this reason you must think and choose 
for yourself. If others choose for you, it is their duty to 
explain and justify to you their choice. Of this truth 
the writers of the Declaration of Independence were 
thinking when they wrote, " All men are created equal; 
they are endowed by their Creator with certain unalien- 
able rights; among these are life, Hberty, and the pursuit 
of happiness." Now government restricts your liberty. 
You are not as free as the savage of the forest. The gov- 
ernment says that you may not walk on another man's 
land, that you may not even cut a tree from the wild 
woodland without the law's permission. What right 
has the government to restrain you? 

It is necessary to answer this question because many 
people obey the government merely from custom. 
They never question the right of the government to 
demand obedience. They have never thought that there 
must be some good reason why the government assumes 
the right to restrict individual liberty. 



THE STATE AND THE CITIZEN 7 

It is partly because men are taught so little about 
the right of the state to govern that they break the 
laws so often. Many ignorant people think the gov- 
ernment rules simply because it is strong; they feel that 
what the government gains they lose. They obey be- 
cause they dare not disobey. 

Now people who obey the laws through fear do not 
make good citizens. A state is strong only through the 
cheerful obedience of its citizens. The great empire of 
Russia was defeated in war with Japan partly because 
the Russians did not believe in the right and justice of 
the government which rules them. Japan won partly 
because her citizens gave an intelligent and willing obedi- 
ence to the government. 

To discover the right of the state to govern we may well 
examine the rights of parents, since the state is composed 
of families, which are themselves little states. 

The rights of parents. What right, then, has a par- 
ent to govern his child? We say, because the child 
belongs to his parents. This means that the child was 
born of his parents, and is fed, clothed, sheltered, and 
protected by them. The parent does not take away the 
freedom of the child when he governs it, because the child 
has no power of freedom that the parent did not first 
give to him. 

Now as the parent gives to his child all its power to 
enjoy freedom, so the state owns, in a sense, all the 
members of society. Had you been born on a lonely 
mountain top and always lived as a member of a solitary 
family, you would have no obligation except to that 



8 THE PHILIPPINE CITIZEN 

family. But you were born a member of society and 
reared under the shelter of a government. This govern- 
ment extended to your parents the protection that made 
their lives and property safe; it made labor steady and 
abundant; it coined and regulated the supply of money 
which your parents earned for your support. In a hun- 
dred ways the government aided your parents to make 
you what you are. It is the help of the state with its 
organized government that makes most of the difference 
between the civilized Filipino and the semi-civilized 
Igorot. Therefore you are in part the property of the 
state; that is, you owe it a return for the benefits it has 
given you. 

In ancient Sparta, after the children had reached 
a certain age the parents gave up the control of them 
to the state; thenceforth the children lived apart from 
their parents in houses provided by the government. 
Sparta considered that the children belonged to the state 
because the power of the state protected the lives of 
both parents and children. Today the state does not 
exercise such close supervision over children, yet it still 
claims the right to govern, because it has made possible 
the growth of the child under civilizing influences. 

The right of the state to govern rests also on its right 
to protect itself. Society organizes itself as a state and 
forms a government for the protection of all its members. 
In this way armies are raised, roads built, and homes 
protected against robbers. Those who live within civil- 
ized societies must obey the laws by which such societies 
live. If you have the right to live, so has the state. 



THE STATE AND THE CITIZEN 9 

The life of each individual of the state is as precious as 
yours. Therefore the life of the state as a whole is much 
more precious than yours, and so the state has a right to 
demand of you obedience to its laws. By your disobe- 
dience you must not imperil the life of the state. The 
state does not compel you to live within it. Every man 
is free to leave his country and go to another land. Under 
this government, at least, none is compelled to remain, 
except of his own will and consent. 

Limitations of the right to govern. The right to 
govern of which we have spoken belongs, of course, 
only to a state which governs justly and wisely. Even 
parents may lose the right to govern their children 
if they starve, neglect, or otherwise abuse them. In all 
civiHzed countries the law protects children from parents 
who ill-treat them. In ancient times, in some coun- 
tries, the parent had the " power of life and death '^ 
over his child. Even in the PhiUppines there was 
once a time when parents could sell their children into 
slavery. There have been many unjust and cruel gov- 
ernments in the history of the world. Such governments 
have no right to demand obedience, since they do not 
give sufficient protection, justice, and other public 
benefits. 

The right of revolution. It is such facts that some- 
times make it right for people to rebel against the gov- 
ernment. It should be remembered, however, that the 
worst government in the world today is probably better 
than no government at all. Those who rebel should 
first have good reason to think that the government 



10 THE PHILIPPINE CITIZEN 

which they hope to overthrow will be replaced by a 
better one. Just as children sometimes run away from 
a parent who speaks a harsh word and thus lose forever 
the protection of their home, so people sometimes seek to 
destroy a government that is really their best friend. No 
parent is perfect and no government is without fault. 
It would be wrong for one of several children to break 
up the family because he is dissatisfied with his father's 
rule. It is quite like this with governments. To rebel 
against a poor government is easier than to create a better 
one. It has been said of the wars in the native states of 
Java, " Half or more of the serious wars in which the 
native states engaged arose out of the futile question as 
to which of two men equally bad should govern a cer- 
tain territory." 

History shows that most of the revolutions which 
have benefited states have been those in which the major- 
ity of the people felt sure that the government was unjust 
and undeserving of obedience. 

At the present day, especially under popular govern- 
ments, public opinion expressed at the polls is a surer 
means of progress than revolutions. The govern- 
ment of a state belongs to the people as a whole, and it 
is the duty of the whole people to obey. Forcible revolt 
is unwise till the people as a whole have tried in vain every 
possible means of reform. So, while it is true that some 
governments rule without right, it is never true that the 
state, which is the whole people, loses its right to govern. 

Citizenship. A citizen is a person who is a member 
of the state. Not every one who lives in a country is a 



THE STATE AND THE CITIZEN ii 

citizen. Foreigners dwelling in your land are " aliens; " 
they have certain rights, but not the rights of citizens, 
because they are not members of the state. Not even 
every member of a nation is a citizen ; for only those are 
citizens who have the full protection of its laws, and who 
are declared to be citizens by the laws of the state. 

Citizenship not only gives rights, but creates the duty 
of loyalty to the state. He who does not give true 
allegiance to the state has no rights to its benefits. 

In different countries the rights of citizenship are not 
precisely the same, so it is well to note here exactly 
who are citizens of the Philippines. All inhabitants 
of the Philippine Islands who were residing in the 
Philippines on April ii, 1899, and were at that time sub- 
jects of Spain, except those who within eighteen months 
from that date made a declaration before a court of record 
that they wished to remain Spanish subjects, are citizens 
of the Philippines. The children and descendants of 
such people are also citizens of the Philippines. 

In this sense of the word "citizen," all persons are 
citizens who fulfill the above conditions. One may 
lose the rights of citizenship by the commission of cer- 
tain crimes, or by swearing allegiance to another state 
than his own, but with these exceptions practically all 
Filipinos are citizens. 

Of the duties of citizenship we shall speak later in 
this book. It is enough now to know that the central 
idea of citizenship is membership in the state. A citizen 
is one of the social body which establishes and maintains 
a government; he is therefore entitled to share in all its 



12 THE PHILIPPINE CITIZEN 

benefits and is partly responsible for its success. The 
proudest boast of the ancient Roman was to be able to 
say, "I am a Roman citizen." The pride which a man 
feels in being a citizen of his country will be measured 
by his intelligent understanding of his privileges and 
duties as a member of the state. Every Filipino should 
cultivate pride in his citizenship. 

Patriotism. Patriotism grows out of citizenship, yet 
a country may have many citizens but few patriots. 
A patriot is simply a citizen who prizes his citizen- 
ship and is willing to work, and, if need be, die for the 
welfare of his country. Patriotism is sometimes spoken 
of as if it meant merely hatred of the enemies of one's 
country and the willingness to fight under the flag in 
defense of one's native land. But patriotism means more 
than this; it means devotion to the interests of one's 
country whatever those interests may be. The enemies of 
a country are often within the country itself. vSelfish and 
corrupt office holders, dishonorable pofiticians, outlaws 
and bandits, and even the lazy and shiftless, are enemies 
of the state, often more dangerous than conquering armies. 
The patriotism that leads a citizen to make sacrifices for 
his country in time of peace is sometimes called civic 
patriotism. Among the Romans at one time it was cus- 
tomary to bestow a civic crown, consisting of a garland of 
oak leaves and acorns, upon a soldier who had saved the 
life of a fellow citizen in battle. The most important 
fact about patriotism, however, is that it is a service 
that the true citizen is ready to render in peace or war 
to the whole of his country or to any part of it. The 



THE STATE AND THE CITIZEN 13 

word "patriotism" is derived from the Latin patria, 
which means "native country." All Filipinos would 
do well to remember what Apolinario Mabini said of 
patriotism in a letter to his fellow coimtrymen : 

"One's native country is not merely his province, nor his 
town, still less the place where he was born; all provinces, all 
towns, and all places where a Filipino has been born, whatever 
religious belief he professes, and whatever dialect he speaks, form 
his native country." 

Patriotism also means pride in the history of one's 
country. No matter how few or poor the people of his 
country, or how humble their past, the patriot is proud 
of his countrymen and their history. He excuses the 
faults of the past, and dwells upon every heroic deed or 
act of virtue. Patriotism is sometimes blind to the real 
mistakes of the fathers of the country, but this is much 
better than for a citizen to take no interest and pride in 
the history of his country. Each nation is filled with 
pride over its own history, and if the citizens of a country 
do not take pride in their own history no foreigner will 
give it just praise. 



CHAPTER II 

FORMS OF GOVERNMENT 

Monarchy. Since government is a growth it passes 
through many forms. Thousands of different forms of 
government have risen and fallen since the first state was 
formed. No two of these were exactly alike, yet all 
belonged to one of three classes, — monarchies^ aris- 
tocracies, or democracies. The most common form of 
government has been, and still is, the monarchy. 

A monarchy is a state ruled by a single person, called 
by various names, such as king, emperor, czar, sultan, 
etc. The monarch may be a man or a woman, with or 
without a council of advisers, but in any case a monarch 
appoints the leading officials of the state. Monarchs 
usually inherit their position from their ancestors, and 
in most cases reign for life. There are great differences 
in the powers of monarchs. 

Absolute and limited monarchies. An absolute mon- 
arch is one whose acts are not limited by law; his word 
is law. The absolute monarch may condemn persons 
to death without a trial; he may change his will daily; 
he is not obfiged to do the will of the people. There are 
very few monarchs today who exercise such unlimited 
power. Russia is an unlimited monarchy but its mon- 
arch is usually guided by the advice of councils, or 
ministers. 

A limited monarchy is one whose powers are checked 
by a body of lawmakers chosen by the people. In 
limited monarchies the most important laws are usually 

14 



FORMS OF GOVERNMENT 15 

written down in a constitution^ though some limited 
monarchies, like England, have no written constitution. 
The constitution declares what the form of government 
of the country shall be, and what the king may and may 
not do. The purpose of the constitution is to guard the 
liberties and rights of the people. Whatever the king 
does must agree with the laws of this constitution. For 
this reason a limited monarchy is often called a constitu- 
tional monarchy. Most of the great monarchies of the 
world today are limited monarchies. 

Aristocracy. An aristocracy is a government by a few 
very powerful men. In former times a few leading 
men would sometimes seize the rule of a country and 
divide the power among themselves. The term "oli- 
garchy " is similar in meaning to aristocracy, except that 
it is usually applied to a group of oppressive rulers. 

There are no aristocracies today, but a government 
in which a rich or titled class of people has most of the 
power is a government with aristocratic tendencies. It 
is entirely possible to have a so-called republic with aristo- 
cratic tendencies. Some of the South American republics 
have frequently been under the control of a small class 
of political conspirators. The name " republic " has often 
been a mask for misgovernment of the worst kind. 

Democracy. A government in which all political 
power belongs to and is exercised by the people of a state 
is a democracy. This word means the rule of the people. 
If the people of a state meet in great popular assembhes 
and determine the laws by direct vote of the majority, 
we have a pure democracy. A pure democracy is possible 



i6 THE PHILIPPINE CITIZEN 

only in very small states. When cities were independent 
states such a government was possible. In the great 
modern countries with many millions of people it is 
impossible for more than a small fraction of the people 
to meet in any one place and make the laws. The towns 
of New England are governed as pure democracies; 
but no state in the world today is a pure democracy. 

A state in which the majority of the people elect 
representatives to make the laws for them is called a 
representative democracy. This is the form of govern- 
ment of the republics of the world today. Since all 
the people cannot meet in one place to make the laws, 
they meet in their own towns and choose delegates to a 
central legislative body. 

Colonial governments. In addition to the three 
forms of government mentioned there are many gov- 
ernments in the world that cannot be classed as mon- 
archies, aristocracies, or democracies. These govern- 
ments are not governments of true states, because they 
do not express in all cases the will of the people who 
are governed. They may be called subordinate govern- 
ments. Countries with such governments may be 
called dependent states, or colonies. Colonial govern- 
ments are governments within governments, like a 
wheel within a wheel. A colonial government may par- 
take of the character of all or some of the three forms of 
government that have been mentioned. 

The states and colonies of the world. There are 
less than fifty independent states in the world today. 
From time to time the number changes as nations 



FORMS OF GOVERNMENT 17 

unite, separate, or conquer each other. By an inde- 
pendent state we mean one which governs itself without 
interference from another state. Some states are inde- 
pendent in their internal government, while their foreign 
affairs are managed by other nations. It is sometimes 
difficult to say whether or not a state should be called 
independent. 

It is important to remember that independence does 
not mean quite the same thing in any two countries. 
The Httle state of Monaco is independent in name and 
fact, but it is very small, smaller in area and numbers 
than the city of Manila. Its territory is entirely sur- 
rounded by that of the great republic of France. Nothing 
of international importance could be done by the monarch 
of Monaco without the approval of the French govern- 
ment. 

Some states are independent in name, but because 
of the jealousy of other stronger countries are pre- 
vented from acting with complete independence. Af- 
ghanistan Hes between the territories of Russia and Eng- 
land. At her court are representatives of both these great 
powers. The moment Afghanistan shows excessive favor 
to either of these powers she endangers her independence. 
In reality, therefore, Afghanistan does not possess true 
independence. 

There are about one hundred and fifty colonies in the 
world today. Some are very small; others are great 
countries. The whole of the great continent of Africa 
is today under some form of colonial control, except the 
two countries of Liberia and Abyssinia. Fully half the 



i8 THE PHILIPPINE CITIZEN 

people in the world live under a dependent form of gov- 
ernment. All over the world the number of governments 
has been growing smaller and smaller during the last 
four hundred years. Where once there were thousands 
of governments there are now hundreds. In form these 
governments have been slowly changing from monarchies 
to representative democracies. 

We shall see later that the personal liberty and rights 
which we enjoy do not depend so much on the name 
of the government we are under as upon other things. 
The subjects of some monarchs are freer than the citizens 
of some republics. The people of England are as free as 
those of the United States, though England is a limited 
monarchy and the United States is a representative 
democracy. 



CHAPTER III 

THE REPRESENTATIVE DEMOCRACY 

Popular government. Since the United States is a 
representative democracy and is attempting to create 
a government of this kind in the Philippines, it becomes 
necessary to study this form of government with great 
care. 

In the phrase of Abraham Lincohi, the government 
of the United States is a " government of the people, 
by the people, and for the people," that is, popular gov- 
ernment. It is important to remember that not all the 
people in any democracy take part in the election of 
pubhc officers and the making of laws. In the most 
liberal of democracies women, with few exceptions, are 
excluded from a share in the government. Even in the 
United States only about one fifth of the whole population 
is entitled to vote. Popular government differs in degree 
in different democracies. What constitutes a democracy 
is not the number of people who vote but the fact that the 
people are the source of the laws. 

Civil rights. All the citizens of a state are entitled 
to the equal protection of the laws and to a proper share 
in the benefits which the government gives to the people. 
The most important of these benefits are the protection of 
Ufe and property, equal justice, freedom of rehgion, free- 
dom to move from place to place, and freedom to choose 
the occupation which one prefers. These, with some 
others, are called civil rights. They belong to all, male or 
female, young or old, rich or poor alike. It will be noticed 

19 



20 THE PHILIPPINE CITIZEN 

that these rights all relate to the ''life, hberty, and happi- 
ness " of the individual person ; hence they are often 
called personal rights. 

Political rights. Political rights are the rights which 
are given to some of the people to vote for pubHc officers 
and to hold pubUc office. Properly speaking, voting 
and holding public office are not rights but privileges. 
The civil rights are called the " rights of man " because 
it is beUeved that they belong to every man and woman 
by birth and that no government can justly take them 
away. They are the benefits which it should be the 
object of every government to secure to all the citi- 
zens. But political rights are simply the means by which 
the government secures civil rights for the citizens. 
Every state has the right to limit poHtical privileges in 
the way that it believes will best secure the personal 
rights of the people. 

Therefore when we say that popular government 
is the best kind of government we do not mean it is the 
best kind of government for every country. History 
shows that some popular governments have been destruc- 
tive of the Hberties of the people, because the people 
were not ready for that kind of government. The first 
French repubUc, for example, resulted in a reign of terror, 
followed by the dictatorship of Napoleon I. The final 
object of government is to secure personal rights; po- 
litical rights are mere tools that may be changed to suit 
the needs and conditions of the particular people to be 
governed. 

The suffrage. The right to vote for public officers 



THE REPRESENTATIVE DEMOCRACY 21 

and laws is called the right of suffrage. It is a political 
right. As we have said, no state gives this right, or 
privilege, to all its citizens. It is easy to see that it 
would be fooHsh to give it to the insane, to very young 
people, and to criminals. Every one can see that there 
are at least two things that should be required of those 
to whom the suffrage is to be given: they should have a 
certain amount of intelligence, and they should be friends 
of the state, not outlaws. 

It is sometimes difficult to say just how much one 
should know to be qualified to vote. In the United 
States, where popular education is so efficient and 
widespread, some states grant the suffrage to all males 
over twenty-one years of age. In many of the states, 
however, an educational or property qualification is also 
required. This often greatly reduces the number of 
electors. In the opinion of many, the suffrage should 
be still further restricted in the United States. It would 
certainly be a very foolish step to grant unlimited suffrage 
to people like some of the negroes of Africa, who in many 
cases know hardly enough to build a hut over their heads. 

Woman suffrage. Even in the United States the full 
rights of suffrage are not granted to women, except in 
nine states. Many of the women are exceedingly intelli- 
gent and possess every qualification of mind and character 
that the male voters have, but they are not allowed to 
vote, because the suffrage is not a right but a privilege. 
This privilege it is not usually considered necessary to 
extend to women at present. If their votes were neces- 
sary to secure civil liberties to the people it would be 



22 THE PHILIPPINE CITIZEN 

entirely proper to grant them the suffrage. We shall 
learn later in this book what quahfications the govern- 
ment considers necessary for the exercise of the suffrage 
at the present time in the Philippines. 

Majority rule. One of the fundamental principles 
of popular government is the rule of the majority. It 
must not be thought that this, any more than the suf- 
frage, is one of the rights of man. It is simply one of the 
methods of democratic government. If the state thought 
best, it might change this rule. It might require a two 
thirds vote for a decision, or even a unanimous vote. 
There are several reasons why the decisions of the major- 
ity should be followed. 

Reasons for majority rule. The state is created 
chiefly by the majority. The taxes of the majority 
usually pay most of the expenses of the government. 
If the country is attacked, the lives of the majority 
form its chief defense. The greater the majority the 
more clearly this is true. We may say, then, that, 
as a rule, the majority does more for the minority than 
the minority does for the majority and therefore it 
has the right to say what the laws shall be. It is the 
many who support the few, not the few who support 
the many. 

If one of three children in a family did not like the deci- 
sions of the father, it would not be right for that one to 
rebel against his father and prevent him from doing what 
the other children wished him to do. As long as a child 
remains in the family and shares in the common benefits 
of family life he should agree to the decision of the 



THE REPRESENTATIVE DEMOCRACY 23 

majority of the familyo The state resembles a great 
family, and the will of the majority is the will of the 
greater number of children. 

Those who are not accustomed to obeying the will 
of the majority often find this hard to do. Majorities 
are sometimes mistaken; one wise man knows more than 
a hundred simpletons. Thus it sometimes happens 
that a majority is composed largely of rash and evil 
people who have not so much judgment and patriotism 
as the minority. This will not often occur, however, 
and even if it does happen occasionally, it is better to 
let the will of the majority prevail, for without this we 
cannot have popular government. It is better that some 
mistakes should be made, even if they are great, than that 
a state should abandon hastily the principle of majority 
rule. 

The rights of the minority. It is the duty of the 
majority to have some consideration for the opinion 
of the minority. The opinions of the minority should 
be attentively heard by the majority. The majority 
should not make the defeat of the minority hard by 
scorning them; it should be slow to accuse the minority 
of being traitors to their country; it should remember 
that the majority must govern the country for the good 
of all the people, not simply for the benefit of the suc- 
cessful majority. The excitement of elections, the fiery 
speeches of rival candidates, and the strong differences 
of opinion about public affairs in a democracy, often 
make the citizens of a republic act like enemies to each 
other. After the decision of the election all bitterness 



24 THE PHILIPPINE CITIZEN 

should be laid aside and all hard words forgotten. The 
government is the government of the whole state, and 
the state is composed of all the citizens. 

When the majority gets control of the government 
it should always consult respectfully the opinion of the 
minority in making laws; it should give a fair share of the 
government positions to the members of the minority. 
There are few poHtical wrongs greater than to fill all the 
positions in the government with members of the stronger 
party. 

The law of averages. It should be remembered that 
in great democracies composed of millions of people, like 
most of the representative democracies of today, the 
differences between the abilities of people balance. That 
is to say, while there are some very wise men and some 
very foolish ones among the voters, neither the majority 
nor the minority has all the wise or all the foolish. The 
average intelligence and patriotism of the inhabitants 
who compose the majority and the minority are usually 
about the same. 

If this is not so in any country it means that there 
are classes in that country, and that the people vote on a 
class basis. For example, there may be a few rich and 
educated people who form one class and a mass of ig- 
norant and poor people who remain in another class. It 
may happen that those of noble blood vote in one class 
and those of humble birth in another class ; again, the 
division may be according to religious behefs. Whatever 
the reason be that leads men to vote in classes, the fact 
that they do it shows that they are not ready for true 



THE REPRESENTATIVE DEMOCRACY 25 

representative government. In a country where men 
vote by classes we do not get the opinion of the majority 
as to what is best for the government of the people as a 
whole, but merely the expression of what each class wants 
for itself. This shows us that there are certain qualities 
that a people must possess to be fitted for the exercise of 
popular government. 

Qualifications for popular government. The first 
quahfication for popular government is homogeneity. 
This means that the people who vote should be very much 
alike in most things. No democratic government gives 
the suffrage at once to foreigners who enter its borders. 
They must usually reside in the country several years 
before they are allowed to vote. Even if they are in- 
telligent and rich, they must wait till they understand 
the customs and wishes of the people whose government 
they are to share. For this reason a people of many 
religions and languages finds it difficult to establish 
successful popular government. It is not absolutely 
necessary that all be of the same race, or speak the same 
language, but they must be sufficiently alike to act har- 
moniously in the state. 

Intelligence is another quahfication for popular gov- 
ernment. Without intelligence and some degree of 
education the voter will not understand the needs of his 
country, or even of his town. It is much more difficult 
to understand what is best for a great country than to 
know what it is best to do in one's private business. 

The government of a great state is very complicated 
today. There are many laws, and the government must 



26 THE PHILIPPINE CITIZEN 

engage in many kinds of work. To form correct opinions 
on these laws and policies requires much intelligence. 
It is not enough that there be a few intelligent persons 
among the electors. In a monarchy or an aristocracy it 
is sujBicient for a few to understand the needs of the state 
and the proper methods of government, because these 
few have the power to do their will. But if in a democ- 
racy only a few are intelligent, the ignorant majority 
may defeat the wiser plan of the minority. 

Further, in a democracy there are many leaders who 
wish to be elected to high office. Sometimes they are 
not patriotic citizens. They seek their own advance- 
ment and not the good of all the people; they deceive 
the people by false statements and false promises. It is 
necessary that those who vote have sufficient intelHgence 
to discover the truth for themselves. They should be 
able to tell the difference between a true patriot and a 
demagogue, as such sham patriots are called. 

A third reason why intelligence is necessary among 
the voters as a whole is that usually the office holders 
in a democracy are chosen from among the qualified 
voters. There is very Httle difference between the legal 
qualifications required for election to the highest offices 
of the state and those required for the exercise of the 
suffrage. . It is not enough that in a democracy there 
be among the people a small class of able and intelHgent 
men to fill the pubHc offices. There should be a sufficient 
number to fill them many times over, because the will of 
the people in a popular government may place almost 
any one of the voters in office. 



THE REPRESENTATIVE DEMOCRACY 27 

No people may be considered ready for successful 
popular government unless there is a fair degree of 
industry and thrift among the whole people. In many 
countries a property qualification is required for the 
suffrage. This is because experience has shown that 
people with property are cautious and Hkely to consider 
carefully what is best for the state. People who lack 
the industry and the thrift to provide good homes for 
themselves are careless of the future. Such people hope 
to gain by a change, because they have nothing to lose, 
so they are ready to make hasty changes in the govern- 
ment and laws of a country. The plans of a government 
should look much farther into the future than the plans 
of an individual, because the state has much longer to 
live than an individual. Therefore a man who cannot 
provide for his own future is not likely to be fitted to 
choose wisely the laws and officers who are to shape the 
future of the state. Stability of character is a quality 
which those who possess industry and thrift are likely to 
have. This trait is necessary in the rulers of a state; 
for changes in the laws should not be hastily made. As 
we have seen, government is an institution of slow growth, 
and what is slowly gained should not be thoughtlessly 
changed. 

There are many other qualities desirable in a people 
to fit them for self-government, but there is none more 
necessary than moral courage. Moral courage and brute 
courage are two different qualities. The courage to shed 
blood and bear pain is not always moral courage. To 
cast your vote for the candidate you think the best 



28 THE PHILIPPINE CITIZEN 

often requires high moral courage. To resist the pleas 
of friends who desire to secure your vote for their own 
party demands firmness of character. Frequently in 
elections bribes of money or promises of other assistance 
are made to voters to secure their votes. Only the mor- 
ally brave can resist these attempts at corruption. A 
people who are easily frightened and led about by men of 
words and threats are not ready for popular government. 
It is not necessary to delay popular government till every 
man is a hero, but among a self-governing people there 
should be many men of character and courage who will 
help the weak to do right in the exercise of the suffrage. 



CHAPTER IV 

THE DUTIES OF GOVERNMENT 

Introductory. It is very necessary to form a clear 
idea of what a government ought to do, and what it is 
unwise for a government to attempt. There are many 
different opinions about the proper duties of a govern- 
ment. There is a class of men called anarchists who do 
not believe there should be any government. They be- 
lieve that each man should be allowed to do as he pleases. 
Still others, called communists^ believe that the state 
should control nearly all our actions. They would have 
all the railroads, mines, farms, in fact everything, owned 
by the government. According to the communists, the 
government should determine what the occupation of 
each man should be, and all property should be held in 
common and shared equally. 

The answer to the anarchist is that no man could 
have security of life or property without the existence 
of a strong government, and that without the cooperation 
of all the people, which government makes possible, we 
could not have public roads, schools, and many other 
things which make Hfe easier and richer. The answer 
to the communist is that if the government takes com- 
plete charge of our lives it destroys individual hberty, 
which is the birthright of every man as long as he does 
not interfere with the Hberty of his neighbor. A society 
composed wholly of anarchists would make the world a 
den of wild beasts ; one composed wholly of communists 
would make all the world a schoolroom. 

29 



30 THE PHILIPPINE CITIZEN 

The three departments of government. Every gov- 
ernment that governs well must do at least three things. 
It must make laws; it must execute, or carry out, the 
laws; and it must explain and apply the laws to individ- 
uals. No matter whether a government is a monarchy, 
an aristocracy, or a democracy, everything it does be- 
longs to one of these three departments of the work of 
government. An absolute monarch makes, executes, 
and applies the law; an aristocracy does the same, but 
the work is divided among a few; in a democracy these 
three acts of government are more clearly separated, and 
are performed by a greater number of persons, but in 
every case these are the three most necessary duties of 
government. These divisions of the public work are 
called the legislative, the executive, and the jtulicial de- 
partments of government. 

In a representative democracy, like the United States, 
the lawmaking power is put into the hands of elective 
bodies of men. These men are chosen by the people 
from among themselves to make the laws. They form 
what is called the legislature. 

In a repubhc the president and certain other officers 
associated with him form the executive department. 
They give the necessary orders for carrying out the laws. 

Most laws need but little explanation, for great care is 
taken to make them clear, but in many cases it is difficult 
to determine just what a law means, or to what people 
it apphes. In such cases the judicial department, 
composed of the judges and courts, determines the 
meaning and appHcation of the laws. The judges 



THE DUTIES OF GOVERNMENT 31 

not only decide what the meaning and the application 
of the laws are, but also who have violated them and 
what degree of punishment shall be inflicted for disobe- 
dience to the laws. Thus the business of the judicial 
department of government is a very serious one. 

It is of great importance to keep these three depart- 
ments of government separate so that each may act as a 
check to the abuse of power by the others. 

The chief duties of government. We shall now speak 
of the actual duties of government; that is, the subjects 
about which it may properly make laws. Some of these 
tasks of government are absolutely necessary in any well 
ordered state; others are necessary in some states but 
not in others, according to the character and surroundings 
of the people of the state. 

The first and most important duty of a government is 
to establish and maintain peace and order. The state 
must be protected from the attack of foreign enemies, 
from civil war within its own borders, and from the vio- 
lence of robbers and outlaws. Every one knows this, 
yet sometimes the citizens are unwilling to make the 
sacrifices necessary to secure peace and order. Whatever 
the cost to the state and the loss to individuals, a gov- 
ernment should compel peace. A country that allows 
continual robbery on its highways can make no progress 
and needs a new and stronger government. 

An even, firm, and prompt administration of justice 
is the duty second in importance. The punishment of 
crimes and the settling of disputes about property are a 
part of the work of preserving peace and order. They 



32 THE PHILIPPINE CITIZEN 

are the efforts of the government in time of peace to 
prevent disorder. Justice should be even; that is, it 
should apply to all classes ahke without favor : it should 
be firm; that is, the penalties for crime should be suffi- 
cient and the decisions of the judges should be unyield- 
ing : it should be prompt; for delayed justice is often the 
greatest of injustices, as when a person dies in jail while 
awaiting trial for his alleged offense. 

Third in importance comes the determination by the 
state of the civil and political rights of the people. Every 
government should make plain to every citizen just what 
are his personal rights under the law and what political 
liberties the state considers it proper to allow him. As 
we have learned, there is no fixed number of political 
rights that the citizens of a state should have. The 
number and kind of such rights change with the progress 
of government and the particular conditions in which 
each state finds itself. In time of war even personal 
rights may be suspended for the sake of the public safety. 
In time of peace the spread of education, and other 
causes, justify the granting of larger political rights. The 
determination of these rights is the most delicate and 
difficult part of the duties of government. 

No rules can be given for the exact way in which the 
state should perform these duties. In some countries 
the state must take charge of many things in the lives 
of the people in order to secure peace, justice, and political 
and civil rights. In other states much may be left to 
the good sense of the people themselves. It is in de- 
ciding when to interfere with the actions of the people, 



THE DUTIES OF GOVERNMENT 33 

and when not to do so, that a legislature shows its 
wisdom. 

Political freedom and individual freedom. The right 
of a people to choose its own rulers and to make its own 
laws is political freedom. If, however, the masses of the 
people are ignorant and unruly, it may be necessary for 
the state to use force to compel obedience to the laws. 
Thus, at times, a people with political freedom may have 
little individual freedom. The presence of many rob- 
bers, of demagogues, or of other disturbers of the public 
peace, may make it necessary to restrict the freedom of 
the individual very much. The ideal government tries 
to preserve the poUtical Uberties of a people and at the 
same time to give as much individual freedom as possible. 
We have already said that in some of the smaller republics 
of South America there is much pohtical freedom but 
little individual freedom. The people elect their own 
rulers and lawgivers, but these countries are disturbed 
by revolt, robbery, and selfish poHticians who abuse the 
power which the people have given to them. On the other 
hand, in a country like England or Germany the people 
have httle pohtical freedom, because their rulers are her- 
editary monarchs, yet the government interferes very httle 
with the freedom of the individual in his private hfe. 

Liberty and license. Liberty, then, does not mean 
that each is free to do as he pleases, but only that each is 
free to do right. Every Filipino may memorize with 
profit the words of ApoHnario Mabini on Kberty: 

" Many talk of liberty without understanding it ; many believe 
that if they have liberty they have complete freedom to do the 



34 THE PHILIPPINE CITIZEN 

bad and good alike. Liberty is freedom to do right and never 
wrong; it is ever guided by reason and the upright and honor- 
able conscience of the individual. The robber is not free, but is 
the slave of his own passions, and when we put him in prison we 
punish him precisely because he is unwilling to use true freedom. 
Liberty does not mean that we shall obey nobody, but commands 
us to obey those whom we have put in power and acknowledged as 
the most fit to guide us, since in this way we obey our own reason." 

Other duties of government. Besides the necessary 
functions, or duties, of every good government there 
are many things that the government may at times 
do with profit to the people. Some of these are of great 
value, like the construction of public roads, but they are 
not absolutely necessary to the existence of government. 
Whatever promotes commerce, industry, the public health, 
the education of the young, and the morals of the people, 
may become a part of the duty of government. There is 
nothing which the government may not do for the pros- 
perity of all, if it seem wise to do it. How shall we 
determine what tasks the government shall undertake? 
There should be some rules to keep the government 
from communism. What are they? 

Public works. There are many public works, like 
good roads, which are too great for private individuals, 
or associations of private persons, to undertake. Such 
works it may become the duty of the government to 
construct. A great harbor, for example, is used by the 
people of many towns and provinces. It is not right 
that one town should bear the whole expense of improv- 
ing such a harbor. What is for the benefit of all should 
be done at the expense of all. 



THE DUTIES OF GOVERNMENT 35 

Other aids to public progress. There are many other 
tasks of government, which we may call aids to public 
progress. Among these are public education, scientific 
investigations of the mineral and forest resources of the 
country, experiments in agriculture, the introduction of 
new industries, and the like. There is no limit to the 
possibilities of governmental action, because the needs 
of the people are constantly growing and changing, as 
civiHzation advances and changes. What it was unwise 
for the government to do formerly may be wise now; 
what is wise now may be unnecessary, or even harmful, 
tomorrow. The introduction of railroads into the 
Philippines, for instance, makes necessary the enactment 
of many laws which were not necessary before. The 
rights of landowners, the protection of the Hves of trav- 
elers, and many other matters of great importance, thus 
become the care of the government. 

There are many useful undertakings which can be 
best done only by the strength of all the people. The 
postal service, the coining of money, the prevention of 
the spread of disease, the charting of the seas, and many 
similar offices, may be properly performed by the gov- 
ernment, if it is able to do these things and at the same 
time accomplish the three necessary tasks of government. 
It would be a great mistake to try to engage in additional 
undertakings if the resources of the government were too 
small to maintain peace, justice, and the rights of the 
people while attempting other tasks. 

Dangers of governmental action. There is always 
danger that the government will try to do too many 



36 THE PHILIPPINE CITIZEN 

things at once. This leads to extravagant expenditure 
of the people's money. There is a limit to the extent 
to which a people may be taxed wisely, even when the 
taxes are to be used for the benefit of the people. 

People usually cry out too soon against the burden of 
taxation. Often they object to taxes, not because these 
are really excessive, but because they are unwilling to be 
taxed for the benefit of all the people. They wish to 
pay only such taxes as are spent directly for their own 
benefit. This is not patriotism, and a government 
should give no heed to such complaints. 

On the other hand, experience shows that governments 
are often tempted to extravagance, that they, attempt 
too many things, and attempt good enterprises too soon. 
The expenditures of a government should be carefully 
adjusted to the needs and the purse of the people. The 
government officials are not spending their private money, 
but the public money, so there is danger that they will 
enter too freely upon great expenditures. 

The greatest danger of governmental action is that 
it may interfere with the free growth of the individual. 
There are many things which governments sometimes 
try to do which properly relate only to the life of the 
individual. To tell people how they shall dress, what 
they shall eat and drink, and the like, is to make " sump- 
tuary laws." Such laws always cause unrest and are 
usually unwise. The strength of a state is in the energy 
and resourcefulness of its people. These quahties are 
always most effective when exercised freely. Therefore 
the sort of governmental action that does for the people 



THE DUTIES OF GOVERNMENT 37 

what they ought to do for themselves, or which prevents 
them from doing what does not interfere with the good 
of the state, is usually bad. 

In seeking to secure a public good the government 
may conflict with the rights of individuals. There is 
danger that the good accomplished by some pubUc 
laws will be offset by the harm done in violating the 
interests of private persons. It should be remembered 
that the pubHc is composed of individuals and that the 
public good means simply the good of the individuals 
who compose the public. 

One of the most important rights which the government 
should be careful not to violate is the individual right to 
property. Next to life and health, property is the most 
precious possession of the individual. Governmental 
action in regulating business, laying out streets, or secur- 
ing other ends, may easily cause great loss to individuals 
without giving a corresponding benefit to the public. 

To be avoided above all is the danger that the officials 
of the government shall think themselves and the gov- 
ernment of more importance than the people. The 
government is '' the servant of the people." When the 
laws become too numerous and interfere with many 
details of private life, there is a tendency for government 
officials to become autocratic ; that is, to act according 
to their own will and fancy, instead of according to the 
instructions of the people. In a representative democ- 
racy care must be taken that the government represent 
the will of the people and not that of the ofi&cials by 
whom the government is administered. 



CHAPTER V 

GOVERNMENT IN THE UNITED STATES 

The federal republic. Each state of the Union is a 
representative democracy, and the federal government 
formed by their union is also a representative democracy. 
To each of the states the Constitution of the United 
States guarantees a republican form of government. 
Thus the states are independent of each other, but are 
subordinate to the federal government. This union of 
states forms a federal republic, the highest and latest 
form of governmental organization in the world. 

It is important to observe that the powers of the 
federal government, whose seat is at the capital of the 
country, Washington, were wholly derived from the 
people of the states. As we shall see later, the provincial 
governments of the Philippines were created by the 
central government, and derive all their powers from 
that government. In the United States, on the contrary, 
the federal government was established by the people of 
the states, and has only such powers as were granted to 
it by them. 

The general principle which defines the authority of 
the federal government over the state governments is 
that the federal government has authority in all matters 
that concern the interests of all the states, while each state 
regulates all matters that relate to itself alone. 

Constitutional government. The federal and the state 
governments are constitutional governments; that is, 
the laws are based on written constitutions, which 

38 



GOVERNMENT IN THE UNITED STATES 39 

were formed when these governments were estab- 
lished. The constitution of a state is the law which 
defines the organization and powers of the government 
and the civil and political liberties of the people. It is 
possible, but not wise, to have a representative democracy 
without a written constitution. If there is no written 
constitution the laws may be hastily changed; new and 
rash laws may be made to the damage of the state, and 
the entire policy of the government may be altered, 
contrary to the will of the majority of the people. A 
written constitution thus protects the people against 
their own lawmakers by preventing the latter from abus- 
ing their power. It also protects the people against 
themselves; for were it not for the written constitution 
the people themselves, in times of national excitement, 
might favor unwise laws. 

One feature of a written constitution is that it cannot 
easily be changed. The federal constitution cannot be 
changed except by the agreement of three fourths of the 
states. It takes a great deal of time to secure such an 
agreement, and only the most clearly necessary changes 
can be made. Only fifteen changes, or " amendments," 
have been made in the Constitution of the United States 
since it was framed in 1787. 

The Congress. The legislative power of the federal 
government belongs to the Congress. This consists of 
two houses : the Senate, or upper house, and the House of 
Representatives, or lower house. 

It is considered better to have two legislative houses 
than one, because each house acts as a check on the 



40 THE PHILIPPINE CITIZEN 

other. Two horses tied together are less likely to 
run away than one alone, and two legislative houses 
are not likely to agree at the same time upon unwise 
laws. 

There are two senators from each state of the Union. 
The number of representatives from each state is de- 
termined by its population. A number of states have 
passed direct primary laws, allowing the voters to express 
at the primary election their choice for senator. In 
these states the legislature usually chooses the candidate 
who has received the largest popular vote. At the pres- 
ent time there is one representative for every 193,167 
of the population. Thus while each of the forty-eight 
states has two senators, whether the state be large or 
small, the number of representatives from the different 
states varies greatly. At present there are 96 senators 
and 43 5 representatives. 

The senators are elected by vote of the state legis- 
latures, but the representatives are chosen by the direct 
vote of the people. The representatives hold office for 
two years, while the term of office of the senators is six 
years, one third of them being elected every two years. 

It is impossible to describe in detail in this book the 
methods of congressional legislation. The important 
facts to remember here are that the acts of Congress 
must agree with the Constitution, that Congress has 
practically no executive or judicial power, and that its 
authority extends to every part of the United States and 
of the insular possessions of the United States. 

Committees. Much of the work of the Congress is 



GOVERNMENT IN THE UNITED STATES 41 

done through committees. Every measure that comes 
before Congress is first referred to a committee, which 
reports it back to Congress with its recommendations, 
favorable or otherwise, or ** pigeon-holes " it. Only 
about one fourth of the bills and resolutions introduced 
into Congress are reported back by the committees. In 
the Philippine Legislature committees serve a similar 
purpose. 

The control of Congress over the Philippines. It is 
particularly important for Filipinos to understand that 
the power to govern the Philippines lies wholly in Con- 
gress. The Constitution says that the Congress shall 
make all laws relating to the possessions of the United 
States : 

" The Congress shall have power to dispose of and to 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States." (Art. IV, Sec. Ill, 2.) 

For this reason the government of the Philippines 
may be conducted according to the principles of the 
Constitution of the United States, or otherwise, as Con- 
gress may see fit. As we shall see later, Congress has 
organized the government of the Philippines in accord- 
ance with the spirit of the Constitution. 

The judiciary. The federal judiciary consists of a 
Supreme Court and a system of lesser United States 
courts. The Supreme Court of the United States is the 
most powerful and dignified judicial tribunal in the 
world ; for it has the power, in test cases, to decide 
whether the laws of a state legislature agree with the 



I 



42 THE PHILIPPINE CITIZEN 

federal Constitution. Its members are appointed by the 
President of the United States, and may be removed 
only with the greatest difficulty and for the most 
serious reasons. Thus they are independent of outside 
influences, and can judge with fairness and firmness. 

The executive. The executive power of the United 
States belongs to the President and his secretaries. The 
President is chosen by an electoral college of presidential 
electors, who are elected in the several states by the direct 
vote of the people. These electors choose the President. 
They are instructed by the people who elect them for 
what candidate they shall vote. With one exception 
only, the electors have always followed instructions, so it 
is really the people themselves who elect the President. 

The Cabinet. The President directs the administra- 
tive work of the federal government through nine execu- 
tive departments. At the head of each is a secretary, 
and these nine secretaries form the President's Cabinet, 
or council. They are entitled, in order of rank, the 
Secretary of State, the Secretary of the Treasury, the 
Secretary of War, the Attorney-General, the Postmaster- 
General, the Secretary of the Navy, the Secretary of 
the Interior, the Secretary of Agriculture, and the Secre- 
tary of Commerce and Labor. 

These secretaries are appointed by the President, with 
the approval of the Senate. They are subject solely to 
the direction of the President and are removable by him 
at will. 

One bureau of the Department of State is the Bureau 
of Citizenshipy which issues passports to citizens who 



GOVERNMENT IN THE UNITED STATES 43 

desire to travel in foreign lands. A recent law grants 
passports not only to citizens, but also to loyal residents 
of the insular possessions of the United States. 

The Secretary of War conducts the affairs of the 
Philippines through his department, under the direction 
of the President, and of Congress. This is done by the 
Bureau of Insular Affairs^ at the head of which is an 
officer of the United States Army. The Bureau of 
Insular Affairs has charge of appointments to the 
Philippine civil service, the transportation of employees 
to the Philippines, the care of Philippine government 
students in the United States, and similar matters. 

The state governments. The state governments are 
like the United States government in that each state 
has a legislative, an executive, and a judicial depart- 
ment. The chief executive officer of the state is the 
governor, who is elected by the people. Each state has 
a legislature composed of two houses.^ While each state 
is independent of each of the other states in local affairs, 
yet no state is permitted to withdraw from the Union, 
or to make laws contrary to those of the federal govern- 
ment. Thus a balance is preserved between the power 
of the federal government over all the states and the 
independence of the state governments. The one can- 
not become despotic, and the other cannot withdraw 
from the responsibilities of the Union. 

Local government in the United States. There are 
several systems of local government in the United States, 

1 In some states the introduction of the initiative and the referendum 
has given the people more direct control over legislation. See page 196. 



U^ 



44 THE PHILIPPINE CITIZEN 

but they are all alike in principle ; that is, they derive 
their powers from the people, and they have liberty to 
govern as they please in local matters. In New England 
the unit of government is the town. The New England 
towns are pure democracies. In the annual ** town 
meeting " the local officials are elected and the town ordi- 
nances are made. The people make their local laws as a 
whole, not through representatives. It is only in small 
towns that such governments are possible, so we find 
that towns of large size in New England have city^ or 
municipal, government. In the cities the government is 
administered by a mayor and a city council, both elected 
by the people. This, therefore, is representative gov- 
ernment, Hke that of the municipalities of the Philippines. / 

In the southern part of the United States the cou?tty is 
the unit of government. All the states of the Union are 
divided into counties, but county government in New 
England is separate from the government of the town, 
and is unimportant. In the southern states, however, 
there is no town government, as a rule, and the people 
are directly controlled by the county government. 

In the middle and the western states the town system 
of New England and the county system of the South are 
combined in various ways. 

The commission plan of city government. In the last 
few years many cities in the United States have aban- 
doned the plan of governing through a mayor and a 
council. Instead of this, a small commission, usually 
chosen from the city at large, is entrusted with all the 
powers of the city government. The members of the 



GOVERNMENT IN THE UNITED STATES 45 

commission not only legislate for the city, but have 
charge, as individuals, of the administration of the city 
departments. This plan is similar to the method of 
commission government of the City of Manila. 

It is thought that by this plan better and more skilled 
men can be placed in control and their responsibility to 
the people be more effectively assured. Instead of a 
large council composed of petty politicians from the 
wards of the city, the commission plan offers a group 
of usually five members, each of whom is especially 
qualified for the conduct of some administrative depart- 
ment. On the other hand, there is a danger in combin- 
ing legislative and administrative powers in the same 
persons. 

Political parties. In a great democracy it is impossible 
to vote with intelligence for candidates for office, unless 
the candidates are known before election day. In the 
United States there are several great political parties 
which name candidates for election to public office and 
try to secure the election of these candidates. A po- 
litical party is a group of electors who have the same opin- 
ions about the proper methods of government, and are 
united in the support of the same candidates for office. 
The political party has no legal standing ; it is a private 
organization. Political parties are organized through 
local, state, and national committees. The local party 
organizations elect delegates to the state and national 
conventions of the party, in which the candidates for 
state and federal offices are nominated. Then the entire 
party proceeds to work for the election of its candidates. 



46 THE PHILIPPINE CITIZEN 

The primary. The primary ^ or local meeting of the 
members of a party, is the most important element of 
party organization; for in the primary the people ex- 
change opinions and express their will directly. The 
primary is the meeting in which the delegates to the state 
conventions of the party are chosen. 

In some of the states the term " primary " is applied 
to the first meeting of the voters belonging to one politi- 
cal party of an election district, for the purpose either of 
choosing delegates, or of nominating candidates for office. 

So important is it that these primaries be conducted 
properly that, although the political parties are not gov- 
ernmental organizations, some states are placing the 
primaries under legal direction, so that they may be 
conducted honestly, like the official elections. 

The power of political parties. The opinions and 
principles of political parties are not like the laws of the 
state and federal governments ; they are easily and fre- 
quently changed. Yet these parties exert great influence. 
Through the political parties the people of a great democ- 
racy are kept informed of the political condition of the 
country, and are awakened to an interest in the affairs 
of the state. No great governmental policy in the United 
States can be adopted without the support of a political 
party. Persons are rarely chosen to very high office 
without previous nomination by a political party. 



PART II 

THE ORGANIZATION OF GOVERNMENT IN 
THE PHILIPPINES 

CHAPTER VI 

THE ESTABLISHMENT OF AMERICAN SOVEREIGNTY 

Government in the Philippines before 1898. A com- 
plete understanding of the present system of government 
in the Philippines requires a knowledge of the growth of 
government in the Philippines up to 1898. The plan of 
this book does not permit a full account of the ancient 
Filipino forms of government, nor of the government 
estabhshed in these Islands by Spain. Readers who have 
A Short History of the Philippines ^ may consult the fol- 
lowing chapters of that book: III, VII, IX, XVII, XX, 
XXII, XXIII. For the benefit of those who have not 
the book at hand, the following sketch is given. 

Government in the Philippines before the Spanish 
conquest. At the time of the arrival of the Spaniards, 
the unit of government in the Philippines was the village. 
With few exceptions each village of the ancient Filipinos 
was governed by its own headman, assisted by a council of 
old men. In some parts of the Islands there were loose 
confederations of several villages whose chiefs submitted 
to the most powerful headman of their number. These 
little governments were somewhat monarchical in charac- 
ter, since the position of headman was usually hereditary, 

^ A Short History of the Philippines, by Prescott F. Jemegan. D. Ap- 
pleton and Co. ; New York, 1908. 

47 



48 THE PHILIPPINE CITIZEN 

and the will of the people as a whole was not followed. 

Government of Spain in the Philippines. The Span- 
iards established in the PhiHppines a colonial government 
conducted on monarchical principles. The Philippines 
were attached for governmental purposes to the vice- 
royalty of Mexico, a Spanish colony in North America, 
and were called a " captaincy-general." They were 
governed by the king of Spain through a Captain-General 
aided (after 1584) by an Audiencia, or Supreme Court. 
In reality the Captain- General controlled the Supreme 
Court. Church and State were united, and the Arch- 
bishop of Manila was often as powerful in the affairs of 
government as the Captain-General. 

The encomienda system. At first the captains-general 
ruled through encomenderos^ who were Spaniards and, at 
first, usually soldiers. The encomendero was given 
charge of an encomienda, which consisted of a tract of 
land together with the natives Hving on the land. He was 
at the same time judge, tax-collector, and governor. 
The encomienda system lasted till the injustices caused 
by the extortions of the encomenderos led Spain to aban- 
don this form of government. 

Provincial and municipal government. The Islands 
were gradually divided into provinces, under alcaldeSj 
with civil government, or into mihtary districts, with 
military rule. The alcaldes combined the duties of 
governor and judge. They were allowed to carry on 
private trade during most of the period of Spanish rule, 
and they were always Spaniards, appointed by the King 
or the Captain-General. 



ESTABLISHMENT OF AMERICAN SOVEREIGNTY 49 

The towns, or municipalities, were governed by 
gohernadorcillos , who were Filipinos, but were entirely 
subject to the commands of the alcaldes. There was a 
very limited suffrage for the election of municipal officials 
only. 

Defects and excellencies of the Spanish system. The 
weaknesses of the Spanish system of government in the 
Philippines were the following : 

1. Lack of effective supervision; the subordinate 
officials of the government were too independent of the 
central government. 

2. Slow administration of justice, and the corruption 
of judges. 

3. Lack of an efficient civil service, with consequent 
favoritism. 

4. An imperfect system of registration of titles to land. 

5. Confficts between the officials of the Roman CathoHc 
Church and the government, and failure to enforce the 
laws. 

6. The restriction of individual Hberty of speech, of the 
freedom of the press, and of the right of association. 

7. Failure to train the Filipinos in self-government. 
On the other hand, the Spaniards made many good 

laws; they estabHshed a central government, where 
before there was almost anarchy; they increased com- 
merce, introduced education and Christianity, and 
made civihzation possible. 

The Treaty of Paris. The Treaty of Paris between 
Spain and the United States became operative upon the 
exchange of the ratifications of the treaty on April 11, 



/ 



50 THE PHILIPPINE CITIZEN 

1899. From that date the United States became legally 
and fully responsible for the government of the Philip- 
pines. This treaty said, among other things : 

"The civil rights and political status of the native inhabitants 
of the territories hereby ceded to the United States shall be deter- 
mined by the Congress. . . . The inhabitants of the territories 
over which Spain relinquishes, or cedes, her sovereignty shall be 
secured in the free exercise of their religion." 

The reason for not determining in the treaty the civil 
and political rights which the Filipinos should enjoy 
under the government of the United States was because 
these rights could be granted by Congress only after it 
had become fully acquainted with the needs of the 
Islands and the condition of their people. The first form 
of government established by the United States in the 
Philippines was a temporary military government. 

The military government. The President of the 
United States, as commander-in-chief of the army and 
navy, was the sole lawgiver of the Philippines till July i, 
1902, when the act of Congress " temporarily to provide 
for the administration of the affairs of civil government 
in the Philippine Islands " was approved. It is custom- 
ary in time of war for the army of occupation to regulate 
the civil affairs of the country till peace and civil govern- 
ment are established. Such a method of government is 
called military rule, or martial law. Military rule is 
monarchical in principle, because the laws proceed from 
the will of one man. Usually the people are not con- 
sulted, and they must obey without question. " Mili- 
tary necessity " is the rule by which all regulations are 



ESTABLISHMENT OF AMERICAN SOVEREIGNTY . 51 

made. Any personal or political right of the people may 
be suspended under military rule. The Commanding 
General in the Philippines was the actual governor of the 
Islands in this period, but his authority was wholly de- 
rived from the President, who directed him what to do in 
all the more important matters. 

It is necessary also to note that, beginning September 
I, 1900, the first Philippine Commission had authority 
to pass laws relating to the civil government of the 
Islands, and, further, that shortly before the inaugura- 
tion of Mr. Taft as first civil governor, July 4, 1901, civil 
government was established in many of the provinces. 
Thus the period in which the President was supreme 
extended till July i, 1902, but the period during which 
the army was supreme lasted only till September i, 1900. 
On July 4, 1902, civil government was extended to the 
Islands as a whole. 

The instructions of McKinley. We shall see the spirit 
in which the President began the task of governing the 
Philippines from the instructions of President McKinley 
to the Commanding General of the army. These instruc- 
tions were made known to the Filipinos August 14, 1898. 
Among other things the following was said : 

"The commander of the United States forces, now in possession, 
has instructions from his government to assure the people that he 
has not come to wage war upon them nor upon any party or fac- 
tion among them, but to protect them, in their homes, in their 
employments, and in their personal and religious rights. The 
government established among you by the government of the 
United States is a government of military occupation; and for 
the present it is ordered that the municipal laws, such as affect 



52 THE PHILIPPINE CITIZEN 

private rights of persons and property, regulate local institutions, 
and provide for the punishment of crime, shall be considered as 
continuing in force, so far as compatible with the purposes of 
military government, and that they be administered through 
ordinary tribunals substantially as before occupation; but by 
officials appointed by the government of occupation." 

Continuation of Spanish laws. By force of this proc- 
lamation the Spanish laws relating to municipal or 
territorial law and to private rights were continued in 
force, and remain in force at the present day, except so 
far as changed by military order, act of Congress, or act 
of the Philippine Commission. That is to say, by the 
military occupation and the civil legislation since 1898, 
only such Spanish laws have been changed as it seemed 
necessary to alter. 

Thus under the direction of the President, and with 
due consideration for the rights of the Filipinos and 
the system of laws under which they had lived, the mili- 
tary government established and organized the various 
departments and bureaus through which the civil gov- 
ernment is administered in time of peace. Even the 
system of public schools was established under the rule 
of the military. 

A most important act of the military government 
was the establishment of separate municipal govern- 
ments in many of the municipalities. Although the 
insurrection against American rule had broken out, the 
Military Governor, on March 29, 1900, gave many 
municipalities self-government by permitting them to 
elect their own municipal officials. 



ESTABLISHMENT OF AMERICAN SOVEREIGNTY 53 

The eager desire of both the people and the President 
of the United States to estabhsh general civil government 
as soon as possible led to the organization of the Philip- 
pine Commission at a time when a European power would 
have kept the Philippines under military rule for some 
years longer. 



CHAPTER VII 

THE PHILIPPINE COMMISSION — ORGANIZATION AND 
PURPOSE 

The First Commission. In January, 1899, President 
McKinley appointed the First Philippine Commission, 
consisting of five members, of whom Jacob Gould 
Schurman, President of Cornell University, was the 
president. The object of this Commission was not 
t o_ organize a government, but to make careful in- 
q uiry into the history, resources, and political and 
s ocial conditions of the Philippines and their inhab it- 
ants, and t o recommend to the President a suitab le 
form of temporary government for these Islands. 

Regulative principles of American government. In 
a proclamation to the Filipinos, dated Manila, April 4, 
1899, the Commission stated the " regulatiVeJrin^les " 
by which the United States would "be'guided in its rela- 
tions with the Filipinos. These statements may be 
taken as the promises of the President of the United 
States to the Filipinos. Later they were confirmed by 
the approval of the Congress, so they are really the prom- 
ises of the United States to the Filipinos. These prin- 
ciples may be stated as follows : 

1. The absolute supremacy of the United States government 
in the Philippines. 

2. "The most ample liberty of self-government reconcilable 
with a wise, just, stable, effective, and economical administration 
of public affairs, and compatible with the sovereign and inter- 
national rights and obligations of the United States." 

54 



THE PHILIPPINE COMMISSION 55 

3. The protection of civil rights, equaHty before the law, and 
freedom of religion. 

4. The government of the Islands for the "welfare and advance- 
ment of the Philippine people." 

5. "An honest and effective civil service in which, to the fullest 
extent practicable, natives shall be employed." 

6. Just and wisely expended taxes. 

7. "A pure, speedy, and effective administration of justice." 

8. The construction of good roads and other public works. 

9. The improvement of commerce, trade, and agriculture. 

10. The establishment of elementary and higher education. 

11. Reforms that will satisfy "the well founded demands and 
the highest sentiments and aspirations of the PhiUppine people." 

The Commission said of these statements, " Such is 
the spirit in which the United States comes to the people 
of the Philippine Islands." 

The Second Philippine Commission. The Second 
Philippine Commission, consisting of five members, 
of which William H. Taft was president, was sent to 
the Philippines by President McKinley in 1900. The 
object of this Commission was to^ establish a form of civil 
g overnment designed by the PresiH t^nt to rarrY oiit_the 
recommendations of the First Philippine Commission^ In 
his instructions of April 7, 1900, to this Commission the 
President explains the principles which should guide the 
Commission in its legislation. It is of the utmost impor- 
tance to understand the spirit of these instructions, as 
otherwise the study of the present laws of the Philippines 
will be of small value. Many of our laws whose meaning 
and object are not clear at first may be easily understood, 
if we grasp the purpose with which these laws were made. 



56 THE PHILIPPINE CITIZEN 

Instructions to the Second Philippine Commission. 

After providing for the establishment of municipal 
and provincial governments, the instructions clearly 
state that the purpose of the United States is to estab- 
Hsh a government in the Philippines which shall preserve 
the principles of Hberty and law that lie at the foundation 
of the American system of government. The following 
portion of the instructions is the best statement ever made 
of the principles which have governed all the legislation of 
the Philippine Commission : 

"The many different degrees of civilization and varieties of 
custom and capacity among the people of the different islands 
preclude very definite instruction as to the part which the people 
shall take in the selection of their own officers, but these gen- 
eral rules are to be observed: That in all cases the municipal 
o fficers who administer the local a ffairs of the pe ople are to be 
selected by the pe ople, and that wherever officers of more extended 
jurisdiction are to be selected, in any way, natives of the Islands 
are to be preferred, and, if they can be found competent and 
willing to perform the duties, they are to receive the offices in 
preference to any others. It will be necessary to fill some offices 
for the present with Americans, which after a time may be filled 
by natives of the Islands. ' 

"In all the forms of government and administrative provisions 
which they are authorized to prescribe, the Commission should 
bear in mind that the government which they are establishing is 
designed not for our satisfaction or for the expression of our 
theoretical views, but for the happiness, peace, and prosperity of 
the people of the Philippine Islands, and the measures adopted 
should be made to conform to their customs, their habits, and even 
to their prejudices, to the fullest extent consistent with the accom- 
plishment of the indispensable requisites of just and effective 
government. At the same time the Commission should bear in 



THE PHILIPPINE COMMISSION 57 

mind, and the people of the Islands should be made plainly to 
understand, that there are certain great principles of government 
which have been made the basis of our governmental system, which 
we deem essential to the rule of law and the maintenance of indi- 
vidual freedom, and of which they have, unfortunately, been denied 
the experience possessed by us ; that there are also certain practical 
rules of government which we have found to be essential to the 
preservation of these great principles of liberty and law, and that 
these principles and rules of government must be estabhshed and 
maintained in the Islands for the sake of their Hberty and happiness, 
however much they may conflict with the customs or laws of pro- 
cedure with which they are familiar." 

These instructions close with the following words : 

"A high and sacred obligation rests upon the Government 
of the United States to give protection of property and life, civil 
and reHgious freedom, and wise, firm, and unselfish guidance in the 
paths of peace and prosperity to all the people of the Philippine 
Islands. I charge this Commission to labor for the full perform- 
ance of this obligation, which concerns the honor and conscience 
of their country, in the firm hope that through their labors all the 
inhabitants of the PhiHppine Islands may come to look back with 
gratitude to the day when God gave victory to American arms at 
Manila and set their land under the sovereignty and protection 
of the United States." 

September i, 1900, the Second Philippine Commission 
began, in accordance with these instructions, to exercise 
the powers conferred upon it. From this day dates the 
present form of government in the Philippine Islands. 
The authority of the President to establish such a gov- 
ernment rested upon his power as commander-in-chief of 
the army and navy. After war ceased Congress gave the 
President authority to continue this government in time 



58 THE PHILIPPINE CITIZEN 

of peace by passing a law known as the Spooner 
Amendment. 

The Spooner Amendment. This portion of an act of 
Congress approved March 2, 1901, gave the President 
the necessary authority to govern the Philippines in time 
of peace, except as later provided by Congress. In part 
it reads : 

"All military, civil, and judicial powers necessary to govern 
the Philippine Islands shall, until otherwise provided by Congress, 
be vested in such person or persons and shall be exercised in such 
manner as the President of the United States shall direct for the 
establishing of civil government, and for maintaining and pro- 
tecting the inhabitants of said Islands in the free enjoyment of 
their freedom, property, and religion." 

General nature of the Philippine government. The 

government, then, that the Commission sought to estab- 
lish by its laws is a reflection of the government of the 
United States. It is not a copy of that government, nor 
an attempt to create a United States of the Philippines, 
nor even to make the Philippines a state of the United 
States, but it is an attempt to establish a government here 
that shall secure the same elements of law, liberty, and 
progress that have given peace and prosperity to the 
American people. It was the conviction of Congress, 
the President, and the Commission that the only kind of 
government that could do that for the Philippines was a 
representative democracy. That is the kind of govern- 
ment that has in part been established here. This is the 
only standard by which the laws of the Commission 
should be judged. Do these laws tend to establish in 



THE PHILIPPINE COMMISSION 59 

the Philippines a representative democracy? So far as 
they do this they are a success; so far as they fail they 
must be changed to accompHsh that object. 

The Composition of the Second Philippine Commis- 
sion. As first organized, the Second Philippine Commis- 
sion, consisted of the following members : William H. 
Taft, president, and Dean C. Worcester, Luke E. Wright, 
Henry C. Ide, and Bernard Moses. - 

In September, 1901, three Filipino commissioners 
were added: T. H. Pardo de Tavera; Benito Legarda,' 
and Jose R. de Luzuriaga. Mr. Moses resigned in 1902, 
and James F. Smith was appointed to the vacancy on 
January i, 1903. On February i, 1904, Luke E. Wright 
was inaugurated Civil Gk)vernor of the Philippines in 
place of Mr. Taft, who retired to become Secretary of War 
of the United States. On February 22, 1904, W. Cam- 
eron Forbes was appointed to the Commission. On the 
retirement of Governor Wright in 1906, Henry Ide be- 
came Governor- General, and upon the retirement of Mr. 
Ide, James F. Smith succeeded to the position of Gov- 
ernor-General. W. Cameron Forbes became Governor- 
General in 1909. In 1907, W. Morgan Shuster was 
added to the Commission. Newton W. Gilbert, Gre- 
gorio Araneta, and Rafael Palma were added in 1908. 
In 1909, Juan Sumulong and Frank A. Branagan were 
appointed to the Commission. In 1910 Justice Charles 
B. Elliott of the Supreme Court was appointed to the 
Commission, and Mr. Gilbert became Vice-Governor- 
General. 

The position of Vice-Governor-General has been filled 



6o THE PHILIPPINE CITIZEN 

successively by Mr. Wright, Mr. Ide, Mr. Smith, 
Mr. Forbes, and Mr. Gilbert. The Vice- Governor- 
General assumes the duties of the Governor- General 
in the absence of the latter. 

The title "Civil Governor" was changed to "Gov- 
ernor-General " by an act of Congress, approved Febru- 
ary 6, 1905. 

The Governor- General and the other members of the 
Commission are appointed by the President of the United 
States, with the advice and consent of the Senate. They 
hold office not for any definite period, but during the 
pleasure of the President. 

The present composition of the Philippine Commission. 
At present the Philippine Commission is composed of the 
following nine executive and legislative officials : 

His Excellency W. Cameron Forbes Governor- General 
The Hon. Newton W. Gilbert Vice-Governor-General, and 

Secretary of Public Instruc- 
tion 
The Hon. Dean C. Worcester Secretary of the Interior 

The Hon. Charles B. Elliott Secretary of Commerce and 

Police 
The Hon. Gregorio Araneta Secretary of Finance and 

Justice 
The Hon. Jos6 R. de Luzuriaga Commissioner 
The Hon. Rafael Palma Commissioner 

The Hon. Juan Sumulong Commissioner 

The Hon. Frank A. Branagan Commissioner 



CHAPTER VIII 

THE PHILIPPINE LEGISLATURE 

I — The Philippine Commission 

The Legislature. Beginning with the inauguration 
of the Philippine Assembly, October i6, 1907, the legis- 
lative powers of the Philippine government were shared 
equally by the Philippine Commission and the Philippine 
Assembly, the two legislative houses together constituting 
the Phihppine Legislature. Strictly speaking, the au- 
thority of the Assembly to share in the lawmaking power 
dated from the completion of its organization, a few days 
after its formal opening. 

An Act of Congress, known as the Philippine Act, 
approved July i, 1902, defines the powers of the Legisla- 
ture as follows : 

"After said Assembly shall have convened and organized, all 
the legislative power heretofore conferred on the Philippine Com- 
mission in that part of the Islands not inhabited by Moros or other 
non- Christian tribes shall be vested in a legislature consisting of 
two houses — the PhiKppine Commission and the Philippine 
Assembly." 

n/ Equality of power. Within the Christian provinces, 
the legislative authority of these two houses is precisely 
equal. Neither house can make a law of a proposed 
measure without the assent of the other. Either house 
may propose a law, but upon its passage by that house it 
must be submitted to the other house for approval before 
it becomes a law. In the event of the failure of either 

61 



62 THE PHILIPPINE CITIZEN 

house to approve a measure proposed by the other, the 
resolution is of no effect. 

There is one exception to this rule ; for the Philippine 
Act provides : 

"That if at the termination of any session the appropriations 
necessary for the support of the government sh all not have b een 
made, an amount equal to the sums appropriated in the last 
appropriation bill for such purposes shall be deemed to have been 
appropriated ; and until the legislature shall act in such behalf the 
treasurer may, with the advice of the Governor, make the pay- 
ments necessary for the purposes aforesaid." 

The reason for this exception is the absolute neces- 
sity of annual appropriations of money for the sup- 
port of the government. It sometimes happens that 
a " deadlock " occurs in a legislature composed of two 
branches of equal authority; that is, a disagreement of 
indefinite duration arises between them, which prevents 
the passage of a proposed law or of any modification of 
the same. Many proposed acts of legislation may be 
indefinitely postponed in this way without serious loss 
to the state, such as the construction of elaborate public 
works, or the undertaking of new enterprises for the gen- 
eral development of the country. There are, however, 
certain necessary branches of the government, such as 
the poHce, the courts, and the executive offices, which 
must be maintained if the government is to exist at all. 
These cannot continue without money; therefore neither 
house of the Legislature is to be allowed to take advan- 
tage of this necessity to force the other to adopt legisla- 
tion distasteful to it, at the price of agreement on the 



THE PHILIPPINE LEGISLATURE 63 

annual appropriation bill for the support of the govern- 
ment. 
K^ Extent of jurisdiction. While the powers of the two 
houses are equal in respect to legislation affecting the 
territory comprised within the Christian provinces, it is 
provided, as stated above, that the Commission shall 
retain the exclusive power of legislating for the govern- 
ment of the MoTQ^and other no nrChrisi ian tribes. 
Therefore the Moro Province and the non-Christian 
provinces Nueva Vizcaya, the Mountain, and Agusan 
remain under the control of the Commission. 

One object of reserving to the Commission the legisla- 
tion for the non-Christian Filipinos is to simplify the 
government of the Islands. The problems of governing 
the non-Christian provinces are entirely different from 
those of the Christian provinces. The Congress of the 
United States granted a legislative assembly to the Chris- 
tian provinces because it considered them capable of 
taking an active and responsible share in their own gov- 
ernment. It has not granted this privilege to the non- 
Christian provinces because it considers them not yet 
ready for self-government. The differences of customs 
and the hostilities between the Christian and non-Chris- 
tian peoples, especially between the Christians and the 
Moros, would, perhaps, cause these non- Christians to 
regard with disfavor government by the Assembly. In 
fact, they have not expressed a desire to be subjected to 
the rule of the Assembly. 

Special legislation for the non-Christian provinces 
has already been enacted by the Commission. Political 



64 THE PHILIPPINE CITIZEN 

development is so slow in these provinces that it is not 
likely that there will be any great change needed in their 
form of government for a long period of years. There is 
no need, therefore, of burdening the Assembly with legis- 
lation for these provinces. 

/ Legislative procedure of the Commission. We have 
in a previous chapter considered the origin, purpose, 
and composition of the Philippine Commission. At a 
later point the executive duties of the various members 
of the Commission will be considered. Our present 
purpose is to study the legislative functions of the Com- 
mission, as the upper house of the Phihppine Legislature. 

The general rules followed by the Commission in 
its legislative work in the past have not been changed 
by the inauguration of the Assembly. The following 
explanations will therefore describe the methods by 
which the Commission enacted legislation from Sep- 
tember I, 1900, to October 16, 1907, as well as its present 
methods of legislation, with the difference that now the 
sanction of the Assembly is necessary for legalizing acts 
of the Commission relating to the Christian population 
of the Philippines. 

Quorum. The legislation of the Commission is enacted 
by the Commission as a whole, sitting in legislative ses- 
sion. A majority of the Commission, that is, five or 
more commissioners, constitutes a quorum, which is the 
minimum number of commissioners that can enact laws. 
The decisions of the Commission are made by a major ity 
vote of th e total num ber of mem bers pres ent, it result- 
ing that even three members may reach a decision. 



THE PHILIPPINE LEGISLATURE 65 



v/ 



Acts and resolutions. The legislation of the Com- 
mission, and also of the Assembly, is divided into two 
classes, called respectively acts and resolutions. Both 
the acts and the resolutions have the force of law, but 
the acts are of a geneial_jig,ture, applying usually to a 
wide range of persons or facts, and are of permanent sig- 
nificance. The resolutions, on the other hand, usually 
relate to sp ecial mat ters, often affecting only a few per- 
sons, or even an individual only; or a resolution may be 
of a general nature but of only temporary significance, as, 
for example, the appointment of a special day as a holiday 
for that date only. 

The acts of the Commission are a part of the statute 
law of the Islands and are of permanent application, 
unless repealed or amended ; while the resolutions, for 
the most part, meet temporary needs. A resolution 
is frequently passed to interpret an act when its practical 
operation creates doubt as to the purpose of the Commis- 
sion. 

Executive and public sessions. The Commission 
holds executive sessions for the passage of laws, and 
occasional public sessions for the public discussion of 
laws of importance. The object of public sessions is to 
give the people a chance to express their opinion about 
matters of great public interest, such as the Public Land 
Act, and other matters on which the Commission wishes 
the advice and criticism of the public. 

Drafting of laws. The executive sessions of the Com- 
mission are held for the purpose of discussing, enacting, 
amending, or repealing laws, but not to prepare or draft 



66 THE PHILIPPINE CITIZEN 

laws. The original preparation of a law for action by 
the Commission is usually made by committees of the 
Commission. Standing committees are appointed from 
members of the Commission only, but special committees 
to draft and recommend laws are composed of members 
of the Commission and other persons. These committees 
make investigations and report the results with their 
recommendations for legislation. The actual law, or 
resolution, is then drafted, usually by individual members 
of the Commission, or by the chiefs of bureaus. 

The passage of a bill. The law, or "bill," as it is 
called before it becomes a law, is read in the presence of 
the Commission, and then passed or rejected by a major- 
ity vote of the members present. This is the " short 
method " of passing a law. The more important bills 
are enacted much more slowly. In the case of bills upon 
which public sessions are to be held the proposed law is 
first translated into Spanish and copies are printed in 
English and Spanish for distribution to the public, so 
that it may discuss the bill intelligently. 

All laws passed by the Philippine Commission, and the 
same is true of the acts of the Assembly, are enacted by 
authority of the United States, that is by the authority 
of Congress; since Congress "reserves the poWer and 
authority to annul the same." 

The laws of the Commission become operative from 
the date of their enactment and pubhcation, if no other 
date is fixed ; that is, such laws as do not require the 
approval of the Philippine Assembly. Such acts of the 
Commission state in the act when and how they shall 



THE PHILIPPINE LEGISLATURE 67 

take effect. An act of the Commission that was not 
pubhshed would not be a law. 

In the interpretation of the laws passed by the Legis- 
lature, the English text of the law governs the meaning, 
except where obvious errors of language exist. 

The acts of the Commission and the acts of the Legis- 
lature as a whole, together with important resolutions of 
either house, are published in the Official Gazette. This 
publication appears weekly in both English and Spanish 
and contains, besides the acts and resolutions of the 
Legislature, the executive orders of the Governor- Gen- 
eral, the decisions of the Supreme Court, and other im- 
portant official information. The Official Gazette is 
edited by the Reporter of the Supreme Court. 

II — The Philippine Assembly 

Condition of establishment. The law estabHshing 
the Philippine Assembly is contained in Section 7 of the 
" Act temporarily to provide for the administration of the 
affairs of civil government in the Philippine Islands and 
for other purposes," approved by the President, July i, 
192Z1 No law of greater importance to the develop- 
ment of representative government in the Philippines 
was ever passed. The condition on which the Assembly 
was granted to the Philippines was that complete peace 
should have existed for a period of two years from the 
pubHcation of the Philippine Census of 1903 (published 
in 1905). The law stated : 

"That two years after the completion and publication of the 
census, in case such condition of general and complete peace with 



68 THE PHILIPPINE CITIZEN 

recognition of the authority of the United States shall have con- 
tinued in the territory of said islands not inhabited by Moros or 
other non-Christian tribes and such facts have been certified to 
the President by the PhiUppine Commission, the President upon 
being satisfied thereof shall '^^'^•^^t snif^ ^^m^isgjftn ^^ call, and the 
Commission shall call, a gene ral election for the choice of delegat e^ 
to a popular assembly of th e people in said territory in the Philip- 
pine Islands, which shall be known as the Philippine Assembly." 

In accordance with this law an election for delegates 
to the First Philippine Assembly was held in the Chris- 
tian provinces on the 30th ofJ ulYi }Q22i 

Apportionment of delegates. The law governing the 
number and distribution of the delegates is as follows : 

"Said Assembly shall consist of not less than fifty nor more 
than one hundred members, to be apportioned by said Commission 
among the provinces as nearly as practicable according to popula- 
tion : Provided that no province shall have less than one member : 
And provided further that provinces entitled by population to 
more than one member may be divided into such convenient 
districts as the said Commission may deem best." 

The Commission has divided the provinces into 
ei gjitv-one elec tion districts, each of which is entitled to 
elect one delegate to the Assembly. The rule of appor- 
tionment is that each province shall have at least one 
delegate, and if its population is more than 90,000 it s hall 
have one delegate for every 90,000 inhabitants, and one 
delegate for every major fraction of 90,000 remaining. 
For example, a province with 134,000 inhabitants would 
have one delegate, while one with 136,000 inhabitants 
would have two. 



THE PmUPPINE LEGISLATURE 



69 



The apportionment of delegates 
Assembly is as follows : 



to the Philippine 



Albay three 

Ambos Camarines . . three 

Antique one 

Bataan one 

Batanes one 

Batangas three 

Bohol three 

Bulacan two 

Cagayan two 

Capiz three 

Cavite one 

Cebu seven 

Ilocos Norte .... two 

Ilocos Sur three 

Iloilo five 

Isabela one 

La Laguna two 

La Union two 



Leyte four 

Manila two 

Mindoro one 

Misamis two 

Nueva Ecija .... one 

Occidental Negros . . three 

Oriental Negros . . . two 

Palawan one 

Pampanga two 

Pangasinan five 

Rizal ' . two 

Samar three 

Sorsogon two 

Surigao one 

Tarlac two 

Tayabas two 

Zambales one 



By Act No. 1952 the Province of Batanes was estab- 
lished. It consists of all the islands of the PhiUppine 
Archipelago situated north of the Bahngtang Channel, 
and elects one delegate. 

It will be seen that Manila is reckoned as a province 
in the apportionment and election of delegates to the 
Assembly. It will also be noticed that thirty-one d ele- 
gates, or nearly half, are from the Bisayan islands, and 
that Luzon furnishes fgrty:ioiir__delegates, or a little 
more than half. In case of change in the boundaries of 
provinces or the creation of new provinces, the appor- 
tionment of delegates would be readjusted in the prov- 
inces affected by the change. 

Election of delegates. The rules that govern the 



70 THE PHILIPPINE CITIZEN 

conduct of elections to the Assembly will be found in 
Chapter XI. All municipal electors are quaHfied to vote 
for assemblymen. Any qualified elector of an election 
district who is twenty-five years or more of age, is entitled 
to offer himself as a candidate for election from his 
district to the Assembly. The present members of the 
Philippine Assembly will hold office till October i6, 191 2, 
and their successors will be elected in 191 2 and every 
fourth year thereafter, and will hold office for four years, 
beginning with the i6th day of October next after their 
election. 

Sessions of the Legislature. The annual session of the 
Legislature begins on the i6th day of October, unless this 
day is a legal hoHday, in which case it begins on the next 
following day which is not a legal hoHday. The Legisla- 
ture may be called in special session at any time by the 
Governor- General for general legislation, or for such ac- 
tion on such specific subjects as he may determine. No 
special sessions shall continue longer than thirty days, 
exclusive of Sundays. 

By act of Congress the Legislature is authorized to fix 
the date for its regular sessions. 

Methods of procedure. The Assembly itself deter- 
mines whether its members have been properly elected, 
chooses its officers, and adopts such rules as it sees fit 
for the conduct of its business. At the opening of the 
First Assembly it adopted temporarily the rules of order 
of the House of Representatives. The law estabhshing 
the Assembly defines the following particulars regarding 
the conduct of its business : 



THE PHILIPPINE LEGISLATURE 71 

"The Agt^prphly Rhall |ie the judge of th e elections, returns, and 
qualifications of its members. A majority shall constitute a 
quorum to do business, but a smaller number may adjourn from day 
to day and may be authorized to compel the attendance of absent 
members. It shall choose its speaker and other officers, and the 
salaries of its members and officers shall be fixed by law. It may 
determine the rules of its proceedings, punish its members for dis- 
orderly behavior, and with the concurrence of two thirds expel a 
member. It shall keep a journal of its proceedings, which shall 
be published, and the yeas and nays of the members on any ques- 
tion shall, on the demand of one fifth of those present, be entered 
on the journal." 

Commissioners to the United States. The only 
further provision of the law constituting the Assembly- 
is its authorization by Congress to choose and send to 
the United States, in conjunction with the Philippine 
Commission, two commissioners who shall represent the 
interests of the Philippines at the seat of the federal 
government at Washington. The conditions that govern 
the selection of these commissioners are : That the Philip- 
pine Legislature shall choose, each house voting sepa- 
rately, two resident commissioners. It is provided by 
act of Congress that the term of office of these resident 
commissioners shall be four years, and that the present 
commissioners, Benito Legarda and Manuel Quezon, 
shall continue in office till their successors are duly 
elected. The present commissioners will hold office till 
March 4, 191 3. At the regular session, beginning in 
191 2, and quadrennially thereafter, the Philippine Leg- 
islature will elect two resident commissioners to the 
United States, each of whom will hold office for four years 
from the fourth day of March next following his election. 



72 THE PHILIPPINE CITIZEN 

Freedom of delegates from arrest. Act 1582 of the 
Philippine Commission contains the following provision ; 

"Members of the Philippine Legislature, in all cases except 
treason, breach of the peace, and felony, which for the purposes 
of this act shall be considered a crime punishable by death or im- 
prisonment for four years or more, shall be privileged from arrest 
during their attendance at the session of the Legislature, and in 
going to and returning from the same; and for any speech or 
debate in either house they shall not be questioned in any other 
place." 

This exemption from arrest and from questioning 
applies equally to members of the Commission and 
delegates to the Assembly. Its object is to encourage 
members of the Legislature to express their true opinions 
respecting the affairs of the country. The enmities of 
political parties might otherwise cause legislators to be 
charged with petty crimes, arrested, and so prevented 
from attending to the necessary legislation for the 
country. 

Compensation of delegates. Act 1582 declares that: 

" Unless otherwise provided by law, each delegate shall receive 
twenty pesos per day for each day of actual sitting of the Assembly 
and shall also receive his actual and necessary expenses for trans- 
portation and subsistence en route of himself only, from his resi- 
dence to Manila and return, once for each session which he actually 
attends. No other compensation or expenses shall be paid to any 
delegate." 

At its first session the Legislature increased the com- 
pensation of the Speaker to 16,000 pesos annually, and 
that of the delegates to 30 pesos per day. 



THE PHILIPPINE LEGISLATURE 73 

It is further forbidden to any delegate to hold any 
other office under the government of the Philippine 
Islands while he is a delegate. The object of this re- 
striction is to prevent any delegate from taking advan- 
tage of his position as delegate to benefit himself as an 
officeholder, as, for example, by voting for an increase 
of salary in that office. A delegate is not, however, 
forbidden to have a private business or occupation aside 
from his work as a delegate. 

The work of a delegate. It is proper to consider 
the nature of the duties that belong to a delegate to 
the Assembly, and the spirit in which he should un- 
dertake them, for any qualified elector of the Philip- 
pines may some day occupy a seat in the Assembly, 
and all citizens should understand what the people have 
a right to expect of their representatives. 

It should be noted that the delegate is first of all a 
representative of the people, not only of those who have 
elected him to office but also of the entire citizen body 
of the Philippines. He is usually elected on a " plat- 
form," or declaration of principles by his poUtical party, 
which declares for what laws and for what ends he will 
use his legislative power. He is strictly responsible 
to the people who elected him for the fulfillment of his 
ante-election promises. It is not uncommon for prom- 
ises made in pohtical platforms to be forgotten or dis- 
regarded after a candidate has been elected to office. 
The constituents of an assemblyman may punish such 
conduct on his part by refusing to reelect him. 

After his election, a delegate should continue to consult 



74 THE PHILIPPINE CITIZEN 

the opinion of the electors of his district and should 
try by every reasonable means to discover and perform 
their will. The greatest betrayal of trust of which a 
delegate can be guilty is to follow his own private in- 
terest instead of that of the people who elected him. 

A delegate to the Assembly, while he represents the 
district which elected him, is required to legislate not 
merely on matters which concern his district only but 
for all the Christian provinces of the Philippines. A 
frequent fault in the representative of a democracy is 
that of trying to secure from the legislature benefits for 
his own district even at the expense of other parts of 
the country. His first duty as a patriot is to his country 
as a whole. No one properly fills the position of dele- 
gate whose political platform or constituents require 
him to set the demands of his particular district above 
those of his country. 

Party loyalty. While it may be well for a delegate 
in most matters to vote with the political party to 
which he belongs, he should not sacrifice the common 
good or his political honesty to the welfare of his party. 
Laws are too frequently passed in the best of democratic 
legislatures whose object is the strengthening of a polit- 
ical party at the cost of the country as a whole. PoHt- 
ical parties, as we have seen, have no legal standing, 
and their purpose should be to secure good government, 
not to wield the power of the government for a party 
organization. 

Statesmanship. Lastly, the delegate to the Assem- 
bly should act like a statesman. Foresight for the 



THE PHILIPPINE LEGISLATURE 



75 



distant future of his country is the chief characteristic of 
a statesman. All national legislators should be men 
who can look far ahead into the future of their country. 

The municipal councilor is engaged in making regu- 
lations principally for the immediate needs of his munici- 
pality. He is not so much concerned with the distant 
future as is the assemblyman; the latter should aim 
to be a statesman. He should inquire not merely what 
the immediate effect of a proposed law will be on the 
condition of himself, his district, or even his country, 
but what its ultimate effect will be. Each law should be 
considered as a part of a great general plan that his 
country is carrying out, and should be framed in har- 
mony with that plan. It would not, for example, be 
right for a delegate to vote hastily in favor of borrowing 
large sums of money for national use. Great public 
needs can be quickly met by burdening a country with 
a heavy debt. The present generation may gain from 
this, but their descendants have to pay the debt, although 
they perhaps have not enjoyed the use of the borrowed 
money. The patriotic statesman always remembers 
that he is building for future generations as well as gov- 
erning that of today. 

The First Philippine Assembly. A special interest 
will always attach to the First Philippine Assembly 
because its establishment marked the partial attain- 
ment of an ideal which thousands of Filipinos have 
died seeking. It is true that from 1810 to 1837 the 
Philippines enjoyed a limited representation in the 
national Cortes of Spain, but the deputies from the 



76 THE PHILIPPINE CITIZEN 

Philippines to the Cortes were not elected by popular 
vote, and they exercised very little influence upon the 
legislation for the Islands. 

With the creation of the Philippine Assembly the 
Christian Filipinos received the largest measure of 
self-government they have ever enjoyed. On the i6th 
of October, 1907, the Secretary of War, WilHam H. Taft, 
formally opened the First Philippine Assembly at the 
Manila Grand Opera House. In his speech on this oc- 
casion Mr. Taft defined the office of a legislature and 
the chief duty of a delegate to the Assembly as follows : 

"I venture to point out a number of things that you will leam 
in the course of your legislative experience. One is that the real 
object of a legislature is to formulate specific laws to accomplish 
specific purposes and reforms and to suppress specific evils ; that 
he makes a useful speech who studies the question which he dis- 
cusses, and acquires and imparts practical information by which 
the remedies offered can be seen to be applicable to the evil com- 
plained of ; that the office of a legislator for a great country like 
this is one that can be discharged conscientiously only by the use 
of great labor, careful, painstaking investigation, and hard work 
in the preparation of proposed measures ... In the end the man 
who exerts the most influence in this body and among the people 
will be the man who devotes most conscientiously his time to 
acquiring the information upon which legislation should be based 
and in explaining it to his colleagues and his people." 

In his closing words Mr. Taft pointed out the pos- 
sibilities of the Assembly both for success and failure, 
as follows : 

"As you shall conduct your proceedings and shape your legis- 
lation on patriotic, intelligent, conservative, and useful lines, you 



THE PHILIPPINE LEGISLATURE 



77 



will show more emphatically than in any other way your right 
and capacity to take part in the government and the wisdom of 
granting to your Assembly and to the people that elected you more 
power. There are still many possible intervals or steps between 
the power you now exercise and complete autonomy. Will this 
Assembly and its successors manifest such an interest in the wel- 
fare of the people and such clear-headed comprehension of their 
sworn duty as to call for a greater extension of poHtical power to 
this body and to the people whose representative it is ? Or shall 
it by neglect, obstruction, and absence of useful service make it 
necessary to take away its existing powers on the ground that they 
have been prematurely granted? Upon you falls the heavy re- 
sponsibility. I am sure that you will meet it with earnestness, 
courage, and credit." 

Organization of the First Assembly. The First Philip- 
pine Assembly chose as its Speaker ^ or President, Sergio 
Osmena, delegate from Cebu. The Speaker of the 
Assembly has great power, greater on the whole than 
that of any officer of the government, except the 
Governor-General. It is in his power, by the choice of 
those who shall serve on the various committees, by 
his control of the speakers who address the Assembly, 
and by other means, to exercise a very great influence 
upon the course of legislation. 

The work of the Assembly is largely done by com- 
mittees, which investigate subjects of legislation and 
make recommendations to the Assembly as to the 
proper legislation. The standing committees are those 
to which specific legislation is referred for consideration. 
The variety of subjects upon which legislation takes 
place may be understood from the following Ust of the 
principal standing committees : 



78 THE PHILIPPINE CITIZEN 

Elections ; Rules ; Appropriations ; Law ; Public Instruction ; 
Public Works; Police; Health and Sanitation; Agriculture; 
Commerce and Industry ; Banks and Currency ; Patents ; Mines 
and Public Lands; Forestry; Navigation; Posts; Railways; 
Provincial and Municipal Affairs; Accounts and Expenditures 
of the Assembly; Compilation and Codification of Laws; City 
of Manila; International Relations (including relations with the 
United States) ; and the following joint committees, which meet 
with committees of the Commission: Library and Printing; 
Proposed Laws ; and Committee on the City of Manila. 

The message of the Govemor-GeneraL One of the 

annual duties of the President of the United States is 
to transmit to Congress at its opening a message review- 
mg the progress of the country and pointing out its needs. 
In the Philippines this duty was performed before the 
First Philippine Assembly by Governor- General James 
F. Smith. The conclusion of this message reads as 
follows : 

"Today 80 assemblymen, elected by popular vote at the 
general elections held on the 30th day of July of this year, assume 
their part in the affairs of government, and upon them now de- 
volves a stewardship of which a rigid accounting will be exacted 
by history, by their own people, and by other peoples struggling 
to take their part in the onward march of civilization. The 
service rendered by Filipino officials, whatever their office and 
wherever employed, has been of the most pronounced benefit and 
advantage to the land of their birth. That which is to be rendered 
and will be rendered by the Philippine Assembly cannot be meas- 
ured. On the Phihppine Assembly more than on any other 
branch of the Philippine Government, depends the future of the 
Philippine Islands, and on the energy, the earnestness, the devo- 
tion to duty, the self-sacrifice, the unselfishness, and above all 
things, the entire conservatism and sane judgment of its members, 



THE PHILIPPINE LEGISLATURE 79 

depends the realization of the hopes and the ideals of the Philip- 
pine people. If this Assembly fails of its purpose, the Filipino 
people who have looked to it to demonstrate their capacity to 
legislate wisely and well will have just reason to regret that the 
high privilege of participating in the making of the laws to govern 
them was ever conceded. If on the other hand success attends it 
and, all the circumstances considered, the product of its labors 
compares not unfavorably with that of other legislative bodies, 
no names will shine brighter on the pages of Philippine history 
than those of the members of the First Philippine Assembly." 

Delegates to the First Philippine Assembly. The 

following is the list of the 80 delegates whom the Philip- 
pine electorate chose in 1907 to represent it in the First 
Philippine Assembly : 

Albay. — Tomds Almonte ; Carlos A. Imperial ; Angel Roco. 

Ambos Camarines. — Tomds Arejola ; Manuel Rey ; Francisco 
Alvarez. 

Antique. — Pedro V. Jimenez. 

Bataan. — Jose M. Lerma, 

Batangas. — Felipe Agoncillo ; Eusebio Orense ; Gregorio 
Catigbac. 

Bohol. — Candelarip Borja ; Jose Clarin ; Eutiquio Boyl6s. 

Bulacan. — Aguedo Velarde ; LeonTVI. Guerrero. 

Cagayan. — Pablo Guzmin ; Gabriel Lasam. 

Capiz. — Eugenio Picazo ; Jose Altavds ; Sime6n Mobo. 

Cavite. — Rafael Palma. 

Cebu. — Celestino Rodriguez ; Sergio Osmena ; Filem6n Sotto ; 
Alejandro Ruiz; Troadio GaUcano; Casiano Causing; Pedro 
Rodriguez. 

Ilocos Norte. — Irineo Javier ; Baldomero Pobre. 

Ilocos Sur. — Vicente Singson y Encarnaci6n ; Maximino 
Mina ; Juan Villamor. 

Iloilo. — Amando Avancefia ; Nicolas Jalandoni ; Salvador 
Laguda ; Adriano Hernandez ; Regino Dorillo. 



8o THE PHILIPPINE CITIZEN 

Isabela. — Nicasio P. Clara vail (unseated by the Assembly). 

La Laguna. — Pedro A. Paterno ; Crispin Oben. 

La Union. — Andres Asprer ; Francisco Sandueta. 

Leyte. — Quiremon Alkuino ; Salvador K. Demetrio ; Flor- 
entino Penaranda ; Jaime C. de Veyra. 

Manila. — Dominador Gomez (unseated by the Assembly) ; 
Fernando Ma. Guerrero. 

Mindoro. — Macario Adriatico. 

Misamis. — Carlos Corrales ; Manuel Corrales. 

Nueva Ecija. — Isauro Gabaldon. 

Occidental Negros. — Antonio Jayme ; Dionisio Mapa ; Agus- 
tin Montilla. 

Oriental Negros. — Leopoldo Rovira ; Vicente Locsin y Armada. 

Palawan. — Santiago Patero. 

Pampanga. — Monico Mercado ; Marcelino Aguas. 

Pangasinan. — Nicanor Padilla ; Deogracias Reyes ; Juan 
Alvear ; Lorenzo Fenoy ; Matias Gonzales. 

Rizal. — Cayetano Lukban y Rilles ; Bartolom6 Revilla y 
San Jos6. 

Samar. — Honorio Rosales ; Luciano Sinko ; Eugenio Daza. 

Sorsogon. — Vicente de Vera ; Presbltero Pedro Chaves. 

Surigao. — Francisco Soriano. 

Tarlac. — Melecio Cojuanco ; Aurelio Pineda. 

Tayabas. — Manuel Quezon ; Emiliano Gala. 

Zambales. — Alberto Barretto. 

First joint resolution of the Legislature. The first 
joint resolution of the Philippine Legislature, that 
is, the first resolution passed by the Commission and 
Assembly deliberating in joint session, was a message 
to the President of the United States, Theodore Roose- 
velt, expressing the gratitude of the Legislature and 
of the people of the Philippines for the establishment 
of the Assembly. In part it is as follows : 



THE PHILIPPINE LEGISLATURE 8i 

" Whereas the creation of the Philippine Assembly composed 
of members elected by popular vote and the constitution of the 
Philippine Legislature, comprising the Philippine Commission 
and the PhiHppine Assembly, mark an epoch in the history of the 
Philippine Islands and of the people thereof ; and 

"Whereas, the people of the Phihppine Islands fully recognize 
in the action taken by the Government of the United States in 
creating said Assembly a proof of its confidence in said people as 
well as a continuation of the democratic traditions of said 
government, and a clear demonstration of its liberal intentions 
with respect to the people of the Philippine Islands : 

" Now, therefore, be it resolved by the Philippine Commission 
and the PhiUppine Assembly : That on their own behalf and on 
behalf of the people of the Philippine Islands they convey to the 
President of the United States, and through him to the Congress 
and the people of the United States, their profound sentiments 
of gratitude and high appreciation of the signal concession made 
to the people of the Islands of participating directly in the making 
of the laws which shall govern them." 

In reply to the above joint resolution President 
Roosevelt sent a cable message expressing his thanks 
and his gratification at the opening of the Assembly. 
In closing he said : 

" The future of the Filipino people depends in a great measure 
on your good judgment, restraint, and capacity to subordinate 
all personal interests and dififerences to the interests of your 
country as a whole. I not only hope but believe that you will 
be found ever true to the honorable responsibility which has 
become yours." 

The first act. The first act of the Legislature was a 
law appropriating 1,000^000 pesos for the construction 
of barrio schoolhouses. 



CHAPTER IX 

THE EXECUTIVE DEPARTMENTS 

Executive duties of the Governor-General. The 

Governor- General is the chief executive of the Philip- 
pine Islands. He is responsible for the proper execu- 
tion of the laws passed by the Philippine Legislature. 
It is his duty to see that these laws are promulgated 
throughout the Islands and are properly administered 
by the officers of the insular, provincial, and munic- 
ipal governments. Most of his orders are transmitted 
through the Executive Bureau, which is under his special 
supervision. The Governor- General is also the executive 
head of the Bureau of Civil Service and the Bureau of 
Audits. These three bureaus are placed under his imme- 
diate direction because they are the bureaus whose opera- 
tions extend most widely through the Philippine Islands. 

The government of the city of Manila is also under 
the executive direction of the Governor- General. In 
addition, the Governor- General may issue executive 
orders, within the limitations of the law, affecting any 
branch of the public service. 

An occasional . duty of the Governor- General is to 
issue proclamations on behalf of the President of the 
United States, on behalf of Congress, or on his own 
authority in the exercise of his duties. 

Division of executive duties. The executive work 
of the commissioners is quite as important as their 
legislative duties. It is broadly grouped into four 
divisions, known as the four executive departments. 

82 



THE EXECUTIVE DEPARTMENTS 83 

Each of the executive departments is in charge of a 
commissioner who in this capacity is known as the 
secretary of that department. 

The object of dividing the executive duties of the gov- 
ernment into these four departments is to economize 
the time and strength of the executive officers by a 
systematic arrangement of the executive business of 
the government, and to fix the responsibility for the execu- 
tion of the laws. The number of departments is purely 
a matter of convenience. As need arises the number 
might be increased or decreased. All governments 
divide their executive work in a similar way, though the 
number of departments varies in different countries. 

The four executive departments. The four great 
executive departments are the Department of the In- 
terior, the Department of Commerce and Police, the 
Department of Finance and Justice, and the Department 
of Public Instruction. These departments are divided 
into bureaus, and the bureaus, in some cases, into 
divisions. There may be a further subdivision into 
offices, or other branches of the public service. There 
are at present twe nty-tw a bureaus of the insular gov- 
ernment besides two ''offices" similaf to bureaus. It 
is through these bureaus that the actual administration 
of the affairs of the government is performed. Their 
chiefs and assistant chiefs administer the laws and come 
into direct contact with the people. 

The grouping of bureaus. The present assignment 
of bureaus to the executive departments is as follows : 

The Department of the Interior includes the bureaus 



84 THE PHILIPPINE CITIZEN 

of Health, Lands, Science, Forestry, Quarantine Service, 
and the Weather Bureau. 

The Department of Commerce and Police includes 
the bureaus of Constabulary, Pubhc Works, Naviga- 
tion, Posts, Labor, and Coast and Geodetic Survey; 
also the offices of the Supervising Railway Expert and 
of the Consulting Architect. 

The Department of Finance and Justice includes the 
bureaus of Justice, Customs, Internal Revenue, and the 
Treasury. 

The Department of Public Instruction includes the 
bureaus of Education, Supply, Prisons, Printing, and 
Agriculture. 

It sometimes happens that in the absence or illness 
of a secretary, or during a vacancy in his office, his place 
must be filled by another. The law provides that in such 
cases the Governor- General shall discharge the duties of 
the office, or authorize some other person to do so. 

Duties of the secretaries. The business of the sec- 
retary of an executive department is to plan the general 
policy of his department. One of his most important 
duties is to construe the meaning of the laws that 
relate to his department. After a law is made its exact 
meaning is not always clear, nor is it always plain to 
what persons and conditions it applies. The decision 
as to what a law means is its interpretation; the deter- 
mination of its application may be called its construction. 
If any officer of the government is in serious doubt as 
to the interpretation or construction of the laws he may 
apply to the Attorney- General of the insular government, 



THE EXECUTIVE DEPARTMENTS 85 

a part of whose duties is to answer questions re- 
garding the meaning and effect of the laws. In most 
cases, however, the secretaries interpret and apply the 
law according to their best judgment. This results in 
their issuing many administrative orders; that is to say, 
additional commands necessary for the proper execution 
of the laws. The decisions and orders of the executive 
secretaries in such cases may be called subordinate legis- 
lation, or administrative legislation, because their de- 
cisions have the effect of laws in the direction of minor 
matters. 

The importance of this administrative legislation is 
very often overlooked. Two successive secretaries may 
administer the affairs of the same department in very 
different ways, though both act under the same laws. 
Even when they interpret and construe the law in the 
same way, they may differ very much in the methods by 
which they apply the law. Thus a great deal of power 
is entrusted to these secretaries. All their acts are 
subject to review by the Governor- General, who is ex- 
officio (that is, by virtue of his office) the head of all the 
departments, but the success or failure of their admin- 
istration depends chiefly upon the secretaries themselves. 
No matter how good the laws, or how numerous, an in- 
efficient administrator of the laws will fail to carry out 
their purpose. Many people cannot see the difference 
between a government that is perfect on paper and one 
that is perfect in practice. They imagine that good 
laws make a good government, whereas it is rather the 
men who administer the laws that make a government 



86 THE PHILIPPINE CITIZEN 

« 

successful. It is possible to plan an almost perfect gov- 
ernment, and to pass laws that seem to provide for com- 
plete protection and justice to the people, but the final 
value of the government and the laws is determined by 
the character and ability of the men who administer them. 

The secretaries of the executive departments receive 
the reports, inquiries, and recommendations of their 
bureau chiefs and act upon them. They stand between 
the bureaus and the Commission as a whole. Each of 
them is the medium through which the Commission re- 
ceives information of the progress and needs of the 
various bureaus of his department. 

Special executive divisions. In addition to the bureaus 
mentioned several of the departments have special mat- 
ters within their supervision. The Department of the 
Interior has oversight of the fisheries and of the non- 
Christian tribes, except the Moros. It is the duty of the 
Secretary of the Interior to visit these tribes from time 
to time and to recommend legislation concerning them. 

The Department of Commerce and Police super- 
vises all business corporations, except banks. The 
power and wealth of great business corporations makes 
special laws necessary for their control, and special 
measures must be taken to control their operations lest 
they become a danger to the state. 

The Department of Finance and Justice, in addition 
to its other duties, has the supervision of the banks, 
and of the coinage and currency. 

The explanation of the work of the several bureaus 
demands a separate chapter. 



CHAPTER X 

THE BUREAUS OF THE INSULAR GOVERNMENT 

The Executive Bureau. In some respects the Exec- 
utive Bureau is the most important of the bureaus, for 
through this bureau the Governor- General exercises 
the control belonging to the central government over 
the provincial and municipal governments, including 
the city of Manila. 

The Executive Secretary is the official through whom 
the correspondence of the Philippine government with 
the United States and with foreign governments is 
carried on. Two of the important divisions of the 
Executive Bureau are the Division of Translation and 
the Records Division. In the former are translated 
all the official documents of the government that re- 
quire translation. In the latter the records of the ofii- 
cial correspondence of the heads of the executive depart- 
ments are kept. A third division of great importance 
is the Division of Archives, Patents, Copyrights, and 
Trademarks. 

Appointment of bureau chiefs. The Executive Sec- 
retary is appointed by the Governor- General with 
the consent of the Commission. The chiefs of all the 
other bureaus are appointed in the same way, except 
the Insular Auditor and the Insular Treasurer. These 
officials are appointed by the Secretary of War of the 
United States, with the concurrence of the Governor- 
General and the approval of the Philippine Commission. 

The Bureau of Civil Service. The object of the Civil 

87 



88 THE PHILIPPINE CITIZEN 

Service rules is to secure for the service of the govern- 
ment a class of employees of upright character and 
good qualifications for their special work. Without 
some system of appointment to the government service 
based on the merits of the candidates, many positions 
would be filled by the favorites of those in power. In- 
ferior men would receive appointment and promotion, 
and deserving men would fail of appointment unless they 
possessed personal or political friends among the ap- 
pointing officials. 

The Bureau of Civil Service examines candidates 
for government employ. It inquires into their char- 
acter, health, education, and experience. It sees that 
the regulations governing their hours of work, their 
leaves of absence, their pay, and their promotion are 
observed. Those who are in the classified civil service 
may not be dismissed, except for good cause and after 
a formal investigation. Thus the Bureau of Civil Serv- 
ice not only protects the government against incapable 
and unworthy employees, but protects the employee 
against the prejudice or injustice of his superior. 

The Bureau of Health. The object of the Bureau 
of Health is to protect the public health of the Islands. 
It is not its duty to care for the health of individuals, 
unless their condition affects the health of all the peo- 
ple. The Bureau of Health takes measures to pre- 
vent the spread of epidemic diseases, like smallpox, 
over the Islands. It studies the causes and cure of 
diseases of this sort, whether they affect man or beast, 
and spreads information among the people about the 



BUREAUS OF THE INSULAR GOVERNMENT 89 

best means of guarding against such diseases. It is 
probable that each year the Bureau of Health saves 
some thousands of lives in the Philippines that other- 
wise would be lost. 

The Bureau of Health has the direction of the public 
hospitals of the government, including the Philippine 
General Hospital at Manila, the hospital at Baguio, 
Benguet, and the prison hospitals in Manila and else- 
where. Besides these duties it has the supervision of 
the provincial and municipal boards of health through- 
out the Philippines. 

The Bureau of Health may make such regulations 
as seem best to prevent the spread of disease from 
place to place within the Islands. No bureau is more 
far-reaching or of more general interest to Filipinos 
than the Bureau of Health. Ignorant people often 
try to defeat the aims of this bureau by concealing 
information about epidemic diseases and violating the 
sanitary regulations. The state has no worse enemies 
than such people. They endanger not only their own 
health and lives but also the health and lives of others. 

The Bureau of Lands. The Bureau of Lands has 
charge of the survey, sale, leasing, and homesteading 
of the public lands of the Philippine Islands, except 
those lands which are imder the control of the Bureau 
of Forestry. The public lands of the Philippines have 
never been fully surveyed; therefore the work of this 
bureau is of the utmost importance for the perfecting 
of titles to lands and for the encouragement of people to 
settle on the lands of the government. 



90 THE PHILIPPINE CITIZEN 

The Bureau of Science. The object of the Bureau 
of Science is to secure and spread information respect- 
ing a great variety of matters which require scientific 
investigation. This bureau inchides the Biological 
Laboratory, the Division of Mines, and the Division 
of Ethnology. In the Biological Laboratory the nat- 
ural products of the Philippines, agricultural, mineral, 
etc., are examined with a view to determining their 
value for medicinal, industrial, or commercial purposes, 
as well as for purely scientific ends. All progressive 
governments carry on work of this kind. While such 
work is expensive and in many cases seems to bring no 
direct return to the people, experience has shown that 
in the end these investigations return millions to the 
pockets of the taxpayers in the prevention of disease, 
the discovery of improved methods of production, and 
the development of new industries. 

The Division of Mines surveys the mineral lands of 
the Philippines, and determines the location of the valu- 
able minerals. It makes the work of the prospector and 
the miner easier and more profitable, thus contributing 
to the development of the mineral riches of the country. 

The Division of Ethnology conducts researches into 
the origin, distribution, habits, and customs of the wild 
tribes of the Philippines. These mountain and forest 
dwellers, like children, are unable to think wisely for 
themselves in matters of government. The business of 
the Division of Ethnology is to ascertain the facts that 
will enable the lawmakers of the Philippines to govern 
these wild people for their best interests. 



BUREAUS OF THE INSULAR GOVERNMENT 91 

The Bureau of Agriculture. Few bureaus are of 
greater immediate importance to the Filipinos than the 
Bureau of Agriculture. This bureau investigates the 
best methods of growing the food plants of the Philip- 
pines, introduces new variet ies ^ into t he Islands, and 
spreads information regarding all facts of value to the 
farmer. It distributes seeds and young plants, freely 
or at small cost. In several places it conducts experi- 
mental farms, and at times it gives exhibitions of the 
proper use of improved forms of agricultural machinery. 
It also studies the causes and prevention of disease among 
farm animals. 

The work of the Bureau of Agriculture could not be 
done by the private farmer. This bureau gathers for 
the information of all the farmers the results of the 
experience of the most successful farmers in all parts 
of the Philippines. 

The Bureau of Forestry. One of the greatest natural 
resources of the Philippines is its immense and valuable 
forests. It is estimated that half of the surface of these 
Islands is covered with forests. Very little use has been 
made of these forests. The work of the Bureau of 
Forestry is to determine the location, number, and clas- 
sification of the trees which furnish the useful building 
woods of the Islands. 

This bureau takes measures for the protection of the 
public forests from fires, and from destruction by private 
persons. It regulates the giving of licenses for the 
cutting of timber, and thus makes the forests pay a 
revenue to the people. For a period of ten years from 



92 THE PHILIPPINE CITIZEN 

April 1 8, 1 910, any resident of the Philippines may take 
from the public forests, without license and free of charge, 
such timber, other than timber of the first group, and 
such other forest products, as well as stone and earth, as 
he may need for his personal use or that of his family. 
Provision is also made whereby any citizen of the Philip- 
pine Islands may secure free license to cut materials of 
the first group to construct a building or buildings of 
strong material for his personal use. 

The Bureau of Quarantine Service. The work of 
this bureau is to guard the Islands against the intro- 
duction of epidemic diseases from foreign countries. 
It inspects the ships and passengers arriving from other 
lands, and makes the necessary regulations to place in 
quarantine ships which come from ports infected with 
contagious disease. To " quarantine " is to shut off from 
communication with others for a certain length of time 
persons or ships arriving from places infected with con- 
tagious diseases. The quarantine regulations are often 
very inconvenient and expensive for merchants and 
travelers, but they are absolutely necessary for the 
preservation of the public health. 

The Weather Bureau. This bureau gathers and 
publishes daily reports respecting the weather. For the 
benefit of the public, especially of the farmer and the 
sailor, it predicts the coming of typhoons and rains. It 
also keeps a scientific record of the winds, rainfall, tem- 
perature, and other matters relating to the weather of the 
Islands. 

The Bureau of Constabulary. The Constabulary is 



BUREAUS OF THE INSULAR GOVERNMENT 93 

not an army, but an insular police force. Its object is 
to preserve order in time of peace. The United States 
Army, of which the Filipino Scouts are a part, serves to 
protect the Islands against invasion and serious internal 
revolts. While the Constabulary may assist in this work, 
it is very important both for the people and the members 
of the Constabulary to remember that it is a peace 
organization, established to assist in maintaining civil 
government and not to usurp its authority. 

In highly civilized countries the local police are suffi- 
ciently strong to maintain order in times of peace and 
there is no necessity for large bodies of police adminis- 
tered by the central government, but the many years of 
war in the Philippines and the predatory habits of Filipino 
bandits make such an organization necessary in these 
Islands. Patience on the part of both the people and 
the Constabulary is necessary for the efficiency of such a 
force. Experience shows that there is great danger of 
arbitrary abuse of the weak by such a body of military 
police. This danger may be avoided by respect of the 
people for the law, and consideration by the police for the 
rights of the people. 

The Bureau of Public Works. The Bureau of PubHc 
Works has charge of the plans and construction of all 
pubHc buildings, insular, provincial, and municipal. 
It also supervises the construction and repair of provin- 
cial roads and bridges. It directs some of the river and 
harbor improvements of the insular government and 
inspects such work when done by private contractors. 

The district engineers are under the supervision of 



94 THE PHILIPPINE CITIZEN 

the Bureau of Public Works. Each of these engineers 
has charge of a district composed of one or more provinces 
and has the direction of the pubHc works undertaken at 
the expense of the province. The district engineers 
perform most of the work formerly done by the provincial 
supervisors, but they are insular, not provincial, officers. 

The Bureau of Navigation. This bureau has charge 
of all the ships and steamers and similar property of the 
insular, provincial, and mimicipal governments. The 
Bureau of Navigation performs the services formerly 
rendered by the Bureau of Coast Guard and Transporta- 
tion. Under its work comes the transportation of certain 
classes of goods and passengers belonging to the public 
service. The coast-guard steamers are operated by this 
bureau, and the Port Works are supervised by it. This 
bureau administers the lighthouse service, including the 
placing of buoys. Under American rule the number 
of lighthouses in the Philippines has trebled. 

The Bureau of Navigation also has charge of all river 
and harbor improvements and other port works on navi- 
gable waters. 

The Bureau of Posts. The services of this bureau 
are so clearly valuable that they need little- justification. 
In addition to the mail service, the Bureau of Posts has 
the management of the telegraph and telephone Hues 
of the government and of the Postal Savings Bank. The 
chief value of this bureau to the state is that it increases 
the social, political, and commercial unity of the people 
by making communication frequent and cheap. The 
services which the government performs through the 



BUREAUS OF THE INSULAR GOVERNMENT 95 

Bureau of Posts could be performed by private business 
corporations, but would be done at a much greater cost 
to the people. 

The Bureau of Coast and Geodetic Survey. This 
bureau is administered under the direction of the Coast 
and Geodetic Survey of the United States. It maintains 
parties of skilled scientists who are engaged in charting 
the coasts and seas of the Philippines. This sort of work 
would not be profitable for private enterprise, but is of 
the greatest value to commerce. 

The Bureau of Justice. The courts of justice of the 
Islands are under the control of the Bureau of Justice. 
The head of this bureau is called the Attorney- General. 
The Attorney- General is the legal adviser of the insular 
government. It is also his duty to prosecute before the 
Supreme Court all civil and criminal causes to which the 
United States or the Philippine governments, or any of 
their officers, are parties. 

The SoHci tor- General performs the duties of the 
Attorney- General when the latter is absent, and usually 
has charge of the conduct of suits and appeals of the 
Philippine government before the Supreme Court. 

The Bureau of Audits. One of the most difficult tasks 
of a government is to keep accurate accounts of the 
expenditures of the public moneys. The number of men 
who collect and expend the money of the people is so 
great that many precautions are necessary to avoid the 
loss of this money by carelessness or theft. The duty of 
the Bureau of Audits is to make regular examinations, or 
audits, of the accounts of the receipts, appropriations, 



96 THE PHILIPPINE CITIZEN 

and expenditures of the insular, provincial, and municipal 
governments. All officers of the government who have 
the custody of any of the money or other property of the 
government are responsible to the Bureau of Audits for 
the correctness of their accounts. 

The Auditor's office is thus the "watchdog of the 
treasury." The Auditor is given the power, within cer- 
tain legal limits, to approve or disapprove the expenditure 
of the government's money. It is his business to deter- 
mine the exact meanings of the laws authorizing the ex- 
penditure of public money. His task is thus one of great 
responsibility. In matters relating to the expenditure 
of money he is the most powerful official of the govern- 
ment. Not even the salary of the Governor- General 
may be paid without the approval of the Auditor. The 
district auditors are officers of the Bureau of Audits who 
travel over the Islands examining the accounts of gov- 
ernment officials who collect or expend the money of the 
government. 

The Bureau of Customs. This bureau collects the 
authorized taxes upon goods entering or leaving the 
Philippine Islands. Only certain ports of the Philip- 
pines may be used for the entry and departure of ships 
engaged in foreign trade. At such places, called "ports 
of entry," there are custom-houses, to collect the " cus- 
toms " or " duties," as taxes on imported or exported 
goods are called. 

The Bureau of Customs also supervises immigration 
into the Philippines. There are various laws to protect 
the state from the immigration of undesirable persons 



BUREAUS OF THE INSULAR GOVERNMENT 97 

such as the diseased, the criminal, and the dependent 
classes, as well as to exclude Chinese coolies. It is the 
duty of the Bureau of Customs to enforce these laws. 

The Bureau of Internal Revenue. The business of 
the Bureau of Internal Revenue is to collect the taxes 
which the general government imposes on the products 
and industries of the Philippines. More will be said 
about the work of this bureau in Chapter XVII, on 
" Taxation and Taxes." 

The Bureau of the Treasury. As its name shows, 
this bureau receives and disburses the moneys of the 
government. The Bureau of the Treasury also has 
charge of the Philippine currency. "Currency" is 
the general name for the coin and bills which constitute 
the money of a country. Among the duties of the 
Treasurer are various matters connected with this cur- 
rency, such as the destruction of old bills, the issue of 
new ones, and the shipment of money to provincial 
officers. 

Other bureaus. The Bureau of Supply is an office 
which purchases all the goods required by the bureaus 
of the insular government. The government buys 
great quantities of all kinds of goods both in the Philip- 
pines and other parts of the world. To buy these sup- 
plies most cheaply and quickly, this central bureau of 
supply is established. 

The Bureau of Prisons has charge of all insular and 
provincial prisoners and penal settlements. The large 
penal colony at Iwahig, Palawan, is under its control, 
as well as Bilibid Prison, Manila. 



98 THE PHILIPPINE CITIZEN 

The Bureau of Printing is a printing office, which 
publishes all the official documents of the insular gov- 
ernment, such as the public laws of the Philippines, the 
investigations of government scientists, the reports of 
bureau and department chiefs, and other public docu- 
ments. 

The Bureau of Labor was created by Act No. 1868. 
It is its duty to see to the proper enforcement of laws 
with reference to labor and capital, and from time 
to time to recommend legislation which will tend to 
improve the condition of workers; to inspect all shops, 
factories, railways, tramways, vessels, industrial and com- 
mercial establishments, and all other places or centers 
of labor, and to take proper legal steps to prevent 
exposure of the health or lives of the laborers; to assist 
workers in securing just compensation for their labor, to 
settle difficulties between employees and laborers, and 
to organize employment agencies where deemed neces- 
sary and advisable. It is also the duty of this bureau 
to acquire, collect, compile, and systematize statistical 
information regarding labor and capital which may be 
useful in drafting further legislation necessary to establish 
and maintain proper relations between these two factors 
of production. 

The Bureau of Education will form the subject of 
Chapter XIX. 



CHAPTER XI 

THE ELECTION LAW 

" Governments rather depend upon men than men upon govern- 
ments. Let men be good and the government cannot be bad; 
for if it be ill they will cure it. But if the men be bad, let the 
government be ever so good, they will endeavor to warp and spoil 
it to their turn — I know some say, let us have good laws and no 
matter for the men that execute them ; but let them consider that 
though good laws do well, good men do better, for good laws may 
want good men and be aboHshed by ill men ; but good men will 
never want good laws nor suffer ill ones." — William Penn 

The suffrage. The suffrage is the right to vote; 
that is, the right to cast a ballot for the choice of public 
officers, or for the making of laws. Through the suffrage 
the citizen expresses his will; it is the sign and seal of his 
political liberty. 

So powerful is the ballot that the right to cast it 
must, for the protection of the people themselves, be 
carefully limited. In an ideal democracy all adults 
would have the right of suffrage. No such ideal democ- 
racy exists, and the suffrage is limited in all republics, 
even in the United States. 

Qualifications of electors. The conditions which 
limit the right of suffrage to a certain portion of the 
people are called the qualifications of electors. There 
are four general qualifications that every elector must 
possess. In addition, every elector must also have one 
of three special qualifications. If he possesses two, or all, 
of the special qualifications, it is well, but only one is 
required in addition to the four general qualifications. 

99 



loO THE PHILIPPINE CITIZEN 

The four general qualifications of an elector are as 
follows : 

1. He must be a male. 

2. He must be at least twenty- three years of age. 

3. He must be a citizen of the Philippines, or of the United 
States. 

4. He must have resided in the municipaHty where he is to 
cast his vote for six months immediately preceding the election. 

The three special qualifications, one at least of which 
every elector must have, are the following : 

1. He must be able to speak, read, and write English or Spanish, 
or 

2. He must own real property (houses or lands) to the value 
of five hundred pesos, or pay thirty pesos annually of the estab- 
lished taxes, or 

3. He must have held municipal office under the Spanish gov- 
ernment in the PhiHppines. 

The elector's oath. In addition to possessing the 
four general and one of the special qualifications the 
elector must, before he may vote at an election, take the 
elector^s oath, and register his name with the board of 
inspectors of elections. He must also possess a cedula 
certificate. 

An '' oath," in the judicial sense, is a solemn declara- 
tion in which one calls upon God to witness that he tells 
the truth. An " affirmation " is a similar declaration of 
the truth made without calling upon God. The making 
of a false oath or affirmation before a competent officer 
of the law constitutes the crime of perjury, for which there 
is a heavy penalty. 



THE ELECTION LAV/ loi 

The elector's oath is as follows : 

" I, . . ., do solemnly swear (or affirm) that I am a male resident 
of the municipahty of . . ., in the province of . . ., residing at 
. . ., and on the date of the forthcoming election I will be . . . 
years of age, and should I present myself to vote I will have resided 
in said municipality continuously for the period of six months 
immediately preceding the said election ; that I am not a citizen 
or subject of any foreign power ; that I have read (or heard read) 
sections thirteen and fourteen of the election law, and that I have 
the qualifications of a voter; and none of the disqualifications 
prescribed in said sections ; that I am not delinquent in the pay- 
ment of any public taxes assessed against or due from me since 
August thirteenth, eighteen hundred and ninety-eight, in any part 
of the Philippine Islands; furthermore, that I recognize and 
accept the supreme authority of the United States of America 
in the Philippine Islands, and that I will maintain true faith and 
allegiance thereto, that I will obey the laws, legal orders, and de- 
crees duly promulgated by- its authority; and that I impose upon 
myself this obligation voluntarily and without mental reservation 
or purpose of evasion. So help me God." 

(In case of affirmation, the words "So help me God" should 
be stricken out.) 



Signature of elector. 



Sections thirteen and fourteen of the election law, to 
which reference is made in the oath, prescribe the qualifi- 
cations and state the disqualifications of voters. 

Disqualifications for voting. It may happen that a 
person possesses all the necessary qualifications for 
voting, but belongs to one of the classes of persons who 
are forbidden to vote, even if they have the above men- 
tioned qualifications. Such persons are the following : 



102 THE PHILIPPINE CITIZEN 

1. Members of the army and navy of the United States. 

2. Persons dehnquent in the payment of taxes assessed since 
August 13, 1898. 

3. Any person who has been deprived of the right to vote 
by the sentence of a court of justice since August 13, 1898. 

4. Any person who has taken and violated the oath of allegiance 
to the United States. 

5. Any person who on May ist, 1901, or thereafter, was in 
arms in the Philippine Islands against the authority or sovereignty 
of the United States. 

6. Any person who since the last day of March, 1901, has 
aided, or shall hereafter aid, by money, or in any other way, any 
person or organization hostile to or in arms against the authority 
of the United States. 

7. Insane or feeble-minded persons. 



Qualifications of elective officers. A delegate to the 
Philippine Assembly must be at the time of his election a 
qualified elector of the district from which he may be 
chosen, owing allegiance to the United States, and not 
less than twenty-five years of age. 

Provincial governors and third members of provincial 
boards must be at the time of election qualified electors 
in the province; they must have resided there for at 
least one year prior to the date of their election; they 
must owe allegiance to the United States, and be not less 
than twenty-five years of age. 

An elective municipal officer must be a qualified voter 
in the municipality, and must have resided there for at 
least one year previous to his election. He must owe 
allegiance to the United States, and be able to read and 
write intelligently Spanish, English, or the local dialect. 



THE ELECTION LAW 



103 



Disqualifications for holding public office. Unless 
fully pardoned, no person who has been convicted of a 
crime which is punishable by imprisonment for two years 
or more shall hold any pubhc office. Persons may also 
be prohibited from holding pubHc office who have been 
removed from municipal office or the office of justice of 
the peace by the Governor- General, and have at the 
same time been disquahfied by the Governor- General 
from holding office thereafter. 

The law further provides that the Governor-General 
may refuse to confirm the election of any provincial or 
municipal officer who is of evil repute in the community 
where he lives, if upon investigation it shall be found that 
there is ground for his bad reputation. 

No person who holds a public office or employment 
within ninety days of any general election, or within 
sixty days of any special election, is eligible for election 
to any public office, or to hold any public employment, 
to be filled at such general or special election, except for 
the purpose of reelection to the office he already holds. 
The purpose of this law is to prevent officeholders from 
using their influence as pubhc officers or employees to 
secure their election to a higher office. 

Election days and terms of office. The regular 
election day all over the Philippine Islands for delegates 
to the Philippine Assembly, and for provincial and muni- 
cipal officers, is the first Tuesday of June of every second 
even-numbered year, beginning with 191 2. Certain ex- 
planations are necessary to make clear the dates of elec- 
tion and terms of office of various public officers. 



104 THE PHILIPPINE CITIZEN 

The first election for delegates to the Philippine As- 
sembly took place July 30, 1907. These delegates 
held office till January i, 1910, or until their successors 
were elected and qualified for office. The date of the 
second general election was the first Tuesday of June, 
191 2, the delegates to hold office for four years from the 
sixteenth day of October next following the election. 
Thus the date of the third election for delegates will be 
the first Tuesday of June, 191 6. 

Municipal presidents and vice-presidents elected in 
1909, and in subsequent years, hold office for two years 
from the first day of January following their election. 

Only half of the whole number of municipal councilors 
is elected at one time. Beginning with the councilors 
elected in 1909, all councilors will hold office for four 
years from the first day of January following their 
election. Thus half the whole number of councilors is 
elected every two years, while each individual councilor 
holds office for four years. By this plan half of the mu- 
nicipal council always consists of experienced councilmen. 

Postponement, pluralities, and vacancies. The Gov- 
ernor-General may postpone any of the provincial or 
municipal elections when the existence of brigandage, 
rebellion, epidemic disease, or other public calamity shall 
make such action necessary for the public good. 

In all the above-mentioned elections a plurality of 
votes elects; that is, if any candidate receives a greater 
number of votes than any other candidate he is consid- 
ered to be elected, even if the votes cast for him are less 
than a majority of the total number of votes cast. The 



THE ELECTION LAW 105 

reason for not requiring a majority is that in cases where 
the vote is divided among several candidates it might 
be impossible to reach a decision by majority vote, 
through the unwillingness of the voters to change their 
votes. 

Vacancies in elective provincial offices are filled by 
the Governor- General. Vacancies in municipal elective 
offices are filled by the provincial board. 

Polling places. In order that the elections may be 
held with speed and accuracy, the municipalities are 
divided by the municipal councils into election precincts, 
each of which must contain not more than four hundred 
voters. 

At least sixty days before the election the council 
appoints in each of the election precincts a place where 
the election shall take place. The council must supply 
this place with all the furnishings necessary for the proper 
conduct of the election. 

The room where the voting is to take place must con- 
tain one voting booth for every fifty voters in the district. 
Thus a district with four hundred voters would have eight 
voting booths in the election room. The booths must 
be placed behind a guard rail. The object of the booths 
and guard rail is to make the ballot secret. If spectators 
could observe the names of the candidates for whom an 
elector voted they might by threats or promises try to 
influence him to vote contrary to his wishes. 

This method of balloting is called the " Australian 
ballot," and has been adopted in several of the most 
progressive states of the world. 



io6 THE PHILIPPINE CITIZEN 

Inspectors of elections. The municipal councils ap- 
point for each election precinct a board of three in- 
spectors of elections and one poll clerk. The duty of 
these inspectors is to supervise the registration of electors 
and the conduct of the elections. They hold office for 
two years. Election inspectors must be qualified elec- 
tors of good character, and able to speak, read, and write 
English, Spanish, or the local dialect imderstandingly. 

The board of inspectors holds four public meetings 
before each general election for the registry of voters. 
These meetings occur on the sixth and the fifth Fridays 
and Saturdays before the date of the election. 

The right of any person to vote may be questioned 
or challenged by an inspector, or by any qualified elec- 
tor of the precinct. The board of inspectors must de- 
cide immediately whether the person challenged has the 
right to vote, or not. 

Voting. The Director of Printing furnishes the 
municipahties with official ballots through the provincial 
treasurer. The title of each officer to be elected and 
other necessary instructions are printed upon this 
ballot. No other form of ballot may be used or counted 
in the election. 

The hours during which the polls remain open for 
voting are from 7 a.m. to 5 p.m. The inspectors pre- 
side over the polls. They check the names of the voters 
as they cast their ballots, and see that the voting is 
lawfully conducted, but they are not permitted to see 
for whom the elector votes. Not more than one of the 
inspectors may be absent from the polls at any moment 



THE ELECTION LAW 107 

during the day. Only properly qualified voters may 
pass within the guard rail, or remain within thirty meters 
of the polls. It is provided, however, that six watchers 
shall be appointed from the qualified voters who shall 
watch the inspectors count the votes, though they may 
not pass within the guard rail. The number of voters 
who may enter the enclosure where the voting booths 
are placed is restricted to twice the number of voting 
booths. 

When the elector is ready to vote he enters the en- 
closure, reports his name and residence to the inspectors, 
secures a ballot, enters the booth alone, and there 
writes upon the ballot the names of the persons for 
whom he wishes to vote. He then gives the ballot 
to the chairman of the board of inspectors, who de- 
posits it at once in the ballot box in the presence of the 
voter. 

Should a voter be ignorant of writing, or blind, or 
otherwise disabled from writing, he may select one or 
two inspectors to enter the booth with him and write 
upon his ballot the names of the candidates for whom 
he desires to vote. 

In order to prevent the voters from losing their judg- 
ment through drunkenness or the excitement of gam- 
bling, it is provided by the law that no cockfight shall 
be held upon election day, and that no intoxicating 
liquors shall be sold or given away within one hundred 
and fifty meters of any voting place within voting hours. 

The canvass of the elections. By the "canvass" 
of elections is meant the official inquiry into the results 



io8 THE PHILIPPINE CITIZEN 

of the elections. After the elections, the provincial 
board ascertains the number of votes cast in each as- 
sembly district for each assembly candidate, and also 
the number of votes cast for the candidates for provin- 
cial office, and determines which candidates have been 
elected to the Assembly and to provincial office. 

The municipal councils canvass in similar manner 
the votes for candidates for municipal office, and report 
the results. 

Penalties for corrupt practices. Certain acts which 
are intended to cause voters to vote differently from 
their best judgment, and are contrary to the law, are 
called '' corrupt practices." 

Among the practices of this sort which are forbidden 
by law are these : No person who is a candidate, and no 
person on behalf of a candidate, may promise any 
money or other reward for a vote, nor may any person 
accept a reward for his vote. No person may ask of 
any candidate any money or other valuable thing in 
return for his vote. No person may offer or accept a 
reward for the purpose of inducing any election officer 
to use his influence to affect the decision of any question 
before the board of inspectors or before any election 
officer. 

The penalty for these practices is imprisonment 
for from three months to five years, or a fine of two 
hundred to two thousand pesos, or both imprisonment 
and fine. 

A person who attempts to register illegally, or one 
who aids him, is subject to imprisonment for from 



THE ELECTION LAW 109 

one month to one year, or a fine of from one hundred to 
five hundred pesos, or both imprisonment and fine. 

The penalty for voting when one knows that he is 
not entitled to vote is imprisonment for not less than 
one month nor more than two years, or a fine of from 
one hundred to one thousand pesos, or both fine and 
imprisonment. 

Any person who, without lawful authority, obstructs 
or delays a voter who is on his way to the voting place, 
or tries to induce a voter to show before voting how 
he marks or has marked his ballot, or places a distin- 
guishing mark upon a ballot not cast by himself, is 
subject to a fine of not more than one hundred pesos, 
or imprisonment for not more than three months, or 
both fine and imprisonment. 

Any person who by threats tries to induce a voter 
to give or withhold his vote is subject to imprisonment 
for a period of from one month to one year, or a fine 
of from two hundred to five hundred pesos, or both fine 
and imprisonment. 

The purity of the ballot. These are some of the 
many corrupt practices forbidden by law. It is plain 
from these laws that it is an exceedingly difficult matter 
to assure the purity of the ballot. Elections that abound 
in corrupt practices are a mockery of democratic gov- 
ernment. Nothing is more important to the integrity 
of a repubHc than the preservation of the sacredness 
of the ballot. The difficulties in surrounding the ballot 
with proper safeguards and the many opportunities 
for the vicious and the weak to defeat the purpose of 



no THE PHILIPPINE CITIZEN 

the ballot demand a high degree of intelligence, self- 
reliance, and public morality in a people who hope to 
govern themselves successfully by popular vote. It is 
for this reason that William Penn said, " Though good 
laws do well, good men do better," and, " Governments 
depend rather upon men than men upon governments." 

There are certain officers and employees of the gov- 
ernment who from their close relations with the people 
might by public speeches, or private efforts, without 
attempting to corrupt the voters, exercise too great 
personal influence upon the votes of electors. It is 
therefore forbidden any judge of the court of first in- 
stance, justice of the peace, provincial fiscal, or officer 
or employee of the Bureau of Education, or of the Con- 
stabulary, to aid any candidate or influence in any 
manner any municipal, provincial, or Assembly election. 
The penalty for breaking this law is loss of ofiice and 
disqualification from holding public office for five years. 

The election law of the Philippines represents the 
results of the experience of centuries in purifying and 
defending the ballot from corruption. These laws can- 
not be too strictly enforced if popular government is 
ever to become a reality in the Philippines. 



CHAPTER XII 

THE PROVINCIAL GOVERNMENTS 

The three classes of provinces. The provinces of 
the Philippines are divided into three classes accord- 
ing to their form of government, — the Christian 
provinces, the non- Christian provinces, and the Moro 
Province. The Moro Province is inhabited chiefly by 
non-Christians, but its form of government is different 
from that of the other non-Christian provinces. 

The necessity for three forms of provincial govern- 
ment arises from the fact that the people of the various 
provinces differ greatly in race, religion, customs, edu- 
cation, and poHtical training. There is no more impor- 
tant principle of lawmaking than that the government 
and laws of a people should be suited to the peculiar 
character and habits of that people. As we have learned, 
there is no form of government that is best everywhere 
and all the time. The ideal form of government is a 
representative democracy, but not all peoples are fit and 
ready for that sort of rule. If the Moro were given 
complete self-government he would reestablish slavery; 
the Igorot, left to choose for himself, would honor and 
reward head-hunting; the Negrito would have no govern- 
ment beyond family government. Hence three different 
forms of provincial government have been estabhshed. 

The need for provincial government. It is proper 
to ask why provincial government is necessary. Why 
not govern the towns directly from Manila by the cen- 
tral government? There are several reasons why this 



112 THE PHILIPPINE CITIZEN 

is not done. In the first place there are many local laws 
that need to be made to meet immediate needs. There 
would not be time to explain all these local needs to the 
central government. Moreover, without provincial gov- 
ernment, too much power would be centered in the in- 
sular government. The ideal of democracy is local 
rule ; therefore, to prevent the central government from 
interfering too much in local matters, it is well to have 
provincial governments between the central and the 
municipal governments. This secures convenience and 
promptness of legislation, and preserves local self-rule. 

Furthermore, there are many matters of common 
interest to the towns that require regulation. The 
roads and bridges between towns, the police regula- 
tions, and other matters, require some governing body 
that shall combine the authority of the several towns 
of a province. 

This principle of mutual interests is what deter- 
mines the extent of a province. The towns that are 
near together, that have a number of common interests, 
and are inhabited by people of similar customs, should 
be united into one province. 

Thus the provincial governments exist as a means by 
which the insular government controls the towns and a 
method by which the towns do their joint tasks with the 
greatest efficiency. 

Provincial officers. The officers of a Christian prov- 
ince are the governor, treasurer, third member of the 
provincial board, and the fiscal. The governor and the 
third member of the board are elected every four years 



THE PROVINCIAL GOVERNMENTS 113 

by the electors of the municipalities of the province, 
as explained in Chapter XI. The provincial treasurer 
and the fiscal are appointed by the Governor-General, 
with the consent of the Commission, and hold office 
during their pleasure. 

If the Governor- General has reason to believe that 
any provincial officer is guilty of disloyalty, dishonesty, 
oppression, or misconduct in office, he may suspend 
him from the discharge of the duties of his office, and, 
after investigation, may, with the consent of the Com- 
mission, remove him from office. 

The provincial board. The central governing body 
of a Christian province is the provincial hoard. This 
board acts in accordance with the provisions of the 
law known as the Provincial Government Act. The 
board consists of three members, — the governor, the 
treasurer, and the third member of the board. 

The legislative powers of the provincial board are 
limited, since it may not pass any resolution contrary 
to the general laws of the insular government. More- 
over, the subjects upon which it may legislate are enu- 
merated in the Provincial Government Act. Thus the 
board is prevented from taking away the liberties of the 
municipaHties. 

There are, however, a great many matters left to 
the discretion of the provincial board, and since two 
of the three members of the board are elected by the 
people of the province, the Christian provinces may 
be said to enjoy a large measure of self-government. 

Legislative duties of the provincial boards. There 



114 THE PHILIPPINE CITIZEN 

is a variety of matters upon which the provincial board 
is authorized to take legislative action. In general the 
provincial board is responsible for the proper regulation 
of all matters that belong not to any single municipality, 
but to all or several of the municipalities in common. 
The decisions of the provincial board take the form of 
resolutions, which have the authority of law. Its prin- 
cipal duties are the following : 

1. To provide suitable buildings for provincial uses, such as 
a provincial office building, a courthouse, a jail, and a provincial 
schoolhouse. 

2. To order the construction, repair, and maintenance of roads, 
bridges, and ferries within such portions of the province as lie 
outside of the inhabited portions of the municipalities. When 
such work is necessary for general provincial purposes in the inhab- 
ited portions of municipalities which are unable to bear the expense 
of the same, the provincial board may undertake this work. 

3. To adopt regulations for the suppression of locusts, or other 
agricultural pest, such as cattle disease. 

4. To levy provincial taxes in accordance with the general 
provisions of the laws on taxation. 

5. To hold regular weekly public meetings for the transaction 
of business, and special meetings upon the call of the governor. 

Practically all the duties of the provincial board may 
be included under one or the other of these headings. 
There are many minor regulations that the board may 
make for the effective execution of the general duties 
prescribed to it by law. The Governor- General, through 
the Executive Bureau, as previously explained, super- 
vises the provincial boards and advises them of the 
proper action to take in critical cases. 



THE PROVINCIAL GOVERNMENTS 115 

Duties of the provincial governor. The governor 
acts as the chairman of the provincial board. He is 
entitled to vote on the resolutions of the board, and 
is thus a legislative as well as an executive ojSicer. 

The chief executive duty of the governor is the super- 
vision of the provincial and municipal officers. The 
governor is the chief representative in the province 
of the Governor- General and it is his duty to see that all 
the laws of the insular government, as well as the reso- 
lutions of the provincial board, are obeyed. 

The governor must visit every municipality in the 
province at least once every six months to see that the 
laws are being executed, to listen to complaints against 
executive officers, and to learn the condition and needs of 
the people. 

The governor must make an annual report to the 
Governor- General of the history of the government 
of his province during the year ending June 30, incKid- 
ing therein a statement of everything that may assist 
the central government to legislate properly for the 
province. 

The provincial governor is the executive officer of 
the court of first instance. It is his duty to see that the 
orders of this court are executed. 

The governor has the custody of all the prisoners in 
the provincial jail, and is responsible for the proper 
management of the jail. He is the commander-in-chief 
of all the municipal police of the province. He may, in 
case of need, order municipal police from one municipal- 
ity to another. The governor may call upon the senior 



Ii6 THE PHILIPPINE CITIZEN 

inspector of the Constabulary in case of riot or seditious 
revolt, to aid in keeping the peace, and, through the 
Governor- General, may call upon the commanding 
general of the United States Army in the Islands to aid 
in suppressing disorder or revolt. 

The governor may suspend any municipal official 
except the treasurer. In such case he must file written 
charges against the official with the provincial board. 
The board investigates the charges and makes a report 
to the Governor- General, who takes final action for the 
dismissal or reinstatement of the accused. 

The duties of the third member. The third member 
shares with the other members the legislative power of 
the board. Unhke the governor and the treasurer, he 
has no regular executive duties. When on account of 
absence or for any other reason the governor is unable to 
perform his duties, he may delegate them to the third 
member, or to the treasurer. 

The duties of the treasurer. The treasurer has a 
variety of important duties. Besides his legislative 
duties as a member of the provincial board, his prin- 
cipal duty is the collection of all the taxes of the prov- 
ince, either personally or through his deputies and the 
municipal treasurers, over whom he has the supervision. 

The provincial treasurer receives and disburses all pro- 
vincial moneys, paying the sums appropriated by the 
board upon the warrant, or signed order, of the governor. 

The provincial treasurer is the chief land officer of 
the province. From him information can be obtained 
respecting the public lands of the province. 



THE PROVINCIAL GOVERNMENTS 117 

Before entering on their duties, all provincial treasurers 
give a bond for the faithful performance of their duties 
and the accounting for the moneys received by them. 
This bond is equal in amount to the greatest sum of 
pubhc money which is likely to be in their custody at 
any one time. The treasurers are under the admin- 
istrative control of the Executive Secretary, but their 
accounts are rendered to the Insular Auditor. 

The duties of the fiscal. The provincial fiscal must 
be a lawyer, for he is the prosecuting attorney of the 
province; that is, it is his duty to appear before the 
courts to plead causes to which the provincial govern- 
l^ent is a party. 

It is the duty of the fiscal to institute prosecutions 
for crime whenever violations of the law shall come to 
his knowledge from any part of the province. 

The provincial fiscal is the legal adviser of both the 
provincial and the municipal governments. Any pro- 
vincial or municipal officers may consult the provincial 
fiscal about the meaning and construction of the laws. 

Residence. No provincial officer may leave the 
province without first obtaining permission from the 
Governor-General, and every provincial officer, except 
the third member of the board, is obliged to reside at 
the capital of the province. 

The Special Provincial Government Act. The non- 
Christian provinces (except the Moro Province, Mindoro, 
Palawan, and Batanes) are governed by the terms of 
the Special Provincial Government Act. In general 
this act gives more power to the provincial officers and 



ii8 THE PHILIPPINE CITIZEN 

less to the local officers than is the case in other provinces. 
The governments of the non-Christian provinces are not 
all organized alike, because among them there are wide 
differences in the people which call for variations in the 
form of government. Nueva Vizcaya, for example, has 
many thousands of Christian inhabitants, while there are 
few in The Mountain Province. At present the non- 
Christian provinces are the following: Nueva Vizcaya, 
The Mountain Province,^ Mindoro, Palawan, and 
Agusan. In several of these there are sub-provinces, 
that is, districts administered by an official who is the 
representative of the provincial governor. The new 
province of Agusan, for example, has the sub-provinces 
of Butuan and Bukidnon. A sub-province is placed in 
charge of an officer called a lieutenant-governor. Sub- 
ject to the supervision of the governor, a lieutenant- 
governor exercises in his sub-province the powers of the 
governor. Several of the Christian provinces have sub- 
provinces. 

Officers of non-Christian provinces. In general these 
officers consist of a governor, secretary, treasurer, super- 
visor, and fiscal. In some provinces, as stated, there 
are lieutenant-governors, and in others the duties of two 
or more provincial officers are performed by the same 
person. 

The provincial officers are appointed by the Governor- 

1 The Mountain Province was created in 1908 by act of the Commission. 
This province includes most of the territory inhabited by the non- 
Christian tribes of northern Luzon. It has the following sub-provinces : 
Benguet, Amburayan, Lepanto, Bontoc, Ifugao, Kalinga, and Apayao. 
The capital is Bontoc. 



THE PROVINCIAL GOVERNMENTS 



119 



General, with the consent of the Commission, and hold 
oflSice during their pleasure. The secretary, treasurer, 
and supervisor are selected under the terms of the Civil 
Service Act. 

The duties of the officers mentioned are similar in 
kind to those of corresponding officers in Christian 
provinces, but their powers are greater. The super- 
visor performs the duties assigned to the district en- 
gineer in the Christian provinces. 

Provincial boards of non-Christian provinces. In most 
cases the provincial board of a non-Christian province is 
composed of the governor, the treasurer, and the super- 
visor. This board has duties similar to those of the pro- 
vincial board in a Christian province; its power over 
the local governments, however, is much greater. 

In a non-Christian province the provincial board has 
the power to amend or suspend all the acts of the town- 
ship council. Every act of a township council requires 
the approval of the provincial board before it has the 
force of law. The township councils, therefore, are 
nothing but schools for self-government; they have 
no final power, but merely give voice to the wishes of the 
people. The reason for this great authority of the board 
is the inability of the people of these provinces to govern 
themselves intelligently. 

The townships. The non-Christian provinces, with a 
few exceptions, do not have municipalities organized 
like those of the Christian provinces. The term town- 
ship is applied, as a rule, to the local governments in 
non-Christian provinces. 



.20 THE PHILIPPINE CITIZEN 

The elective officers of the township are a president, 
vice-president, and councilors, one councilor for each 
barrio. The chief non-elective officers are a secretary 
and a treasurer. The president and the vice-president 
are elected by the qualified electors of the township, 
while each councilor is elected by the electors of his 
own barrio. As we shall learn, the councilors of the 
Christian municipalities are elected at large by all the 
electors of the municipality. The practice of election 
by barrios is more in accord with the custom of the 
mountain peoples ; besides, the barrios are often widely 
separated, and the people are often not well acquainted 
with the needs of other barrios. The duties of the 
officers and of the township council are much the same 
as those of the officers of Christian municipalities, the 
chief difference being that all their acts are subject to 
the approval of the provincial board. 

The rancherias. Besides the township form of gov- 
ernment, and the few cases of municipalities organized 
under the Municipal Code, the non- Christian prov- 
inces have a very simple form of local government 
called the rancheria, or settlement. In the non-Chris- 
tian provinces there are regions where no compact vil- 
lage is found, but merely scattered groups of houses, 
covering sometimes a large extent of country. The 
life of the people of the rancherias is very simple ; they 
live usually in the mountains, and sometimes change 
their abodes. Among them there are few or no people 
who can read and write. It would be foolish to try 
to establish self-government among such children of 



THE PROVINCIAL GOVERNMENTS 121 

nature. The provincial governor is therefore given 
power to appoint officers for the government of ran- 
cherias, and to fix their powers and duties. These powers 
may not be greater than those granted by law to the 
township officers. 

There are two classes of rancherias, the organized 
and the unorganized. The organized rancherias con- 
sist of people who have been ordered by the govern- 
ment to settle on pubHc lands. The site for such a 
settlement is selected by the provincial governor with 
the approval of the provincial board, and the people are 
obliged to settle on these lands. The reason for compel- 
ling these people to live in settlements is because men 
living in a wild state are a menace to civilized towns. 
Travel and industry are unsafe in places inhabited by rov- 
ing savages. Moreover, the descendants of such people, 
and even the people themselves, will in the end be happier 
if taught to live a well-ordered and settled life. 

The unorganized rancherias are those scattered groups 
of inhabitants who are allowed to live in a half wild 
state with very little supervision by the government, 
because for the present it is unnecessary or impracticable 
to organize them in settled villages. 

The provisions of the law regarding rancherias apply 
not only to the non-Christian provinces, but also to 
the non-Christian inhabitants of some Christian prov- 
inces, as, for example, Ilocos Sur, where there are many 
such rancherias. 

In all these governments for the non-Christian peoples 
the law states that : 



122 THE PHILIPPINE CITIZEN 

"The constant aim of the provincial governors, provincial 
boards, and of the Secretary of the Interior in exercising the 
powers conferred upon them by this act shall be to aid the people 
of the several non-Christian tribes to acquire the knowledge and 
experience necessary for successful popular local self-government, 
and their supervision and control over such people shall be exer- 
cised to this end that law, order, and individual freedom may be 
maintained." 

The Moro Province. The Moro Province includes 
all of Mindanao, except the Christian provinces of Surigao 
and Misamis, and the non-Christian province of Agusan, 
which was formed in 1907 from a part of Surigao and 
Misamis provinces. The Sulu Archipelago and some 
smaller adjacent groups belong to the Moro Province. 
The Moro Province is by far the largest province in the 
Phihppines. It contains about 500,000 inhabitants. 
About half of these are Moros, and the rest, with the ex- 
ception of a few thousand Christians, are members of 
the wild tribes. 

The Moro Province has been given a government 
much different from that of any other province of the 
Philippines, because of the presence of many mutually 
hostile tribes who differ in language and customs, and 
have little education and no knowledge of democratic 
forms of government. This province is, therefore, gov- 
erned under a special law, called the Moro Province 
Act. 

Districts and officers. The Moro Province is divided 
into five districts, — Sulu, Zamboanga, Lanao, Cota- 
bato, and Davao. Each of these districts has a dis- 
trict governor and a district secretary, both appointed 



THE PROVINCIAL GOVERNMENTS 



123 



by the provincial governor, with the consent of the legis- 
lative council of the province. 

The officers of the Moro Province are a governor, 
attorney, secretary, treasurer, superintendent of schools, 
and an engineer. These officers are appointed by the 
Governor- General with the consent of the Commis- 
sion, except the engineer and superintendent of schools, 
who are appointed by the provincial governor with the 
consent of the legislative council. 

The legislative council of the Moro Province is com- 
posed of the governor, secretary, treasurer, and attorney. 
This council makes all laws for the Moro Province, 
subject to the final approval of the Commission. It 
will be seen, therefore, that the government of the Moro 
Province is very distinct from that of the rest of the 
Islands. It is in fact a separate, but subordinate, gov- 
ernment. 

The government of the Moro Province may be de- 
scribed as civil-military. The governor and the sec- 
retary are usually army officers, and some of the officers 
of the district are detailed for this service from the army. 
This lessens the expense of the government, and makes 
the firm rule of the warlike Moros possible. Yet even 
in the Moro Province the aim of the government is to 
teach and fit the people to take a share in the government. 

In the Moro Province, more than in most other parts 
of the Philippines, the people are living according to 
the ancient Filipino laws and customs. In order that 
they may become gradually accustomed to modern 
forms of government; the law provides that the council 



124 THE PHILIPPINE CITIZEN 

of the province shall conform " as nearly as possible 
to the lawful customs of such peoples " and govern 
them by vesting in their local or tribe rulers as nearly as 
possible the same authority over their people as they 
now exercise. 

The powers of the district officers are exercised under 
the general supervision of the military commander of 
the United States troops serving in that district when 
such supervision seems wise to the legislative council. 

The revenues of the Moro Province are expended 
wholly within the province. 



CHAPTER XIII 

THE MUNICIPAL GOVERNMENTS 

The municipalities. A municipality is a town with 
a government organized under the provisions of the 
Municipal Code. Such municipahties are found mainly 
in the Christian provinces. They have a much larger 
measure of self-government than the townships of non- 
Christian provinces. 

The difference between a municipaUty and an un- 
organized town is that the municipaUty is a corporation^ 
or body; that is, it resembles a person in that it may own 
property, make contracts, and sue or be sued in courts 
of law. To incorporate a town means to give it a per- 
sonahty in the eyes of the law. 

Importance of municipal government. A full knowl- 
edge of the government of the municipalities is indis- 
pensable to every citizen of the Phihppines. The 
average citizen has little to do with the insular or the 
provincial governments. He is governed and pro- 
tected by the insular and provincial laws, but in his 
daily life he is not often in contact with insular and 
provincial officers. Every one, however, is under the 
immediate direction of the municipal officers. On the 
good government of his municipality depend his daily 
peace, health, safety of person and property, and the 
preservation of many other rights and privileges. Every 
citizen is familiar with the needs of his own municipaUty ; 
every elector has a direct share in the selection of mu- 
nicipal officers, and many of the electors will at some time 

125 



126 THE PHILIPPINE CITIZEN 

serve as municipal officers or employees. It is upon the 
success of the self-governing Christian municipalities 
that the future independent FiHpino state depends. 
Unless these municipalities are governed honestly and 
capably, there is no hope that the provincial and insular 
governments will be conducted efficiently by the citizens 
of the Philippines. The highest patriotism demands 
that every citizen study and participate in the govern- 
ment of his own municipaUty. 

Classification and division of municipalities. There 
are four classes of municipalities, classified according 
to population. First-class municipalities are those 
with 25,000 or more inhabitants; second-class, those 
with 18,000 to 25,000 inhabitants; third-class, those 
with 10,000 to 18,000 inhabitants; fourth-class, those 
with less than 10,000 inhabitants. 

The city of Manila is not included in this classification. 
Its government will be described later. 

Each municipality has a number of councilors pro- 
portioned to its size. Those of the first class have 
eighteen councilors; of the second, fourteen; of the 
third, ten; and of the fourth, eight.. 

The municipalities are divided into barrios, or wards. 
When there are many barrios they are sometimes grouped 
into districts. On October i, 1907, there were 685 
municipalities in the Philippines, and thousands of 
barrios. The seat of government of the municipality 
is the poblacion, or center of the town. 

Municipal officers. The officers of the municipality 
are a president, a vice-president, a secretary, a treasurer, 



THE MUNICIPAL GOVERNMENTS 127 

and councilors. Not every elector may be elected to 
municipal office; for higher qualifications are necessary 
to be a public officer than merely to be an elector. Those 
who may be elected to municipal office must have the 
qualifications already named in Chapter XL It should 
further be noted that a second reelection to municipal 
office is prohibited, except after two years' absence from 
office; thus no officer serves for more than four con- 
secutive years. Furthermore, no municipal officer is 
permitted to have any financial interest in any con- 
tract work, cockpit, or other business permitted or 
controlled by the municipahty. 

Certain classes of persons, besides those mentioned 
in Chapter XI, are excluded from holding municipal 
office, even though they possess the required qualifica- 
tions. Such are ecclesiastics (church officials), soldiers in 
active service, persons receiving pay from other branches 
of the Philippine government, and contractors for public 
works of the municipality. The reason for excluding 
such persons from municipal office is that there is danger 
that their interests as members of private corporations, 
or of other branches of the government service, may 
conffict with their duties as municipal officers. In the 
case of contractors the object is to prevent the con- 
tractor from influencing the council to vote an exces- 
sive sum of money for public works constructed by 
the contractor. 

The oath of office. Every municipal officer, before 
entering upon the duties of his office, must take the fol- 
lowing oath of office: 



128 THE PHILIPPINE CITIZEN 

OATH OF OFFICE 

"I having been as 

of the municipaHty of 

in the province of , do solemnly swear (or 

affirm) that I have the prescribed qualifications to hold office 
in said municipality; that I recognize and accept the supreme 
authority of the United States of America and will maintain 
true faith and allegiance thereto ; that I will obey the laws, legal 
orders, and decrees promulgated by its duly constituted authori- 
ties ; that I impose upon myself this obligation voluntarily with- 
out mental reservation or purpose of evasion, and that I will 
well and faithfully discharge the duties of the office upon which 
I am about to enter. So help me God." (Last four words to be 
stricken out in case of affirmation.) 

This oath must be filed in the office of the municipal 
secretary. 

Bonded officers. Every municipal officer entrusted 
with funds of the municipality must give a bond for 
the faithful performance of his duties and the payment 
of all moneys received by him as an officer of the munici- 
pality. This bond is a written promise on the part of 
two or more persons to pay a certain sum of money in 
case the officer is faithless to his duty. The amount of 
the bond is equal to half the amount of the total sum of 
money which it is estimated will pass through the hands 
of the officers during the current year. 

Executive duties of the president. The president is 
the chief executive officer of the municipaHty. Besides 
his duty as executive he is chairman of the council, which 
enacts the ordinances of the municipality. Of his legisla- 
tive power in this capacity mention will be made later. 



THE MUNICIPAL GOVERNMENTS 129 

As chief executive the president must inspect the 
records and supervise the work of all the other officers 
of the community. The president issues orders to the 
police, and takes special steps for the protection of the 
community in time of fire, flood, or other disaster. He 
draws warrants on the municipal treasurer for the pay- 
ment of the expenses of the municipality, as ordered by 
the council, and he assists the provincial treasurer in the 
collection of taxes. His duties are thus many and varied. 

It should be remembered that the president must 
exercise his power within the limitations imposed upon 
him by the laws. A great defect in the administration 
of many municipahties has been the tendency of some 
presidents to act like little kings, instead of agents of the 
law and representatives of the people. The citizens 
should guard against these abuses of the president's 
power. If the citizens have not the courage to do this 
the municipalities will not be properly governed. 

Appointing power of the president. The president 
has the power to appoint, with the consent of a majority 
of the members of the council, the municipal secretary, 
and all other non-elective officers and employees of the 
municipality. He must nominate these officers and 
employees at the first meeting of the council after his 
election. The term of office of such officers and em- 
ployees is during the remainder of the president's term 
of office. The municipal treasurer and the employees 
of his office are not appointed by the president, but by 
the provincial treasurer, with the consent of the provin- 
cial board. 



I30 THE PHILIPPINE CITIZEN 

The president has the power to suspend for good 
reason any of the appointive officers or employees for 
a period of ten days. With the consent of a majority of 
the members of the council, he may discharge any such 
officer or employee, except the municipal treasurer and 
the president of the municipal board of health. 

The president makes out an annual report in Decem- 
ber of each year, in which he recounts all events of im- 
portance that have happened in the municipality during 
the year. This report is submitted to the municipal 
council and to the provincial governor. 

In his immediate relation to the citizen, the president 
exercises more power than any other government officer. 
He is responsible for the observance in his municipality 
of the laws of the insular, provincial, and municipal 
governments. He therefore is entitled to the respect of 
every one so long as he discharges his duties with dignity 
and honor. He should regard as his reward the respect 
and gratitude of the people rather than any personal 
advantages to be derived from the abuse of his power. As 
a rule the president will be as good as the people who 
elected him desire. If they watch his acts, support him 
in a just and energetic administration of his office, and 
register prompt complaints against any abuse of his 
powers, they will greatly increase his efficiency. People 
who complain of the defects of their officials often have 
themselves to thank for these defects. It is difficult for 
any officer to be better than the people who elect him. 

The duties of the vice-president. The vice-president 
fills the office of the president in case of the absence of the 



THE MUNICIPAL GOVERNMENTS 



131 



latter or his temporary inability to perform his duties. 
The vice-president is also a member of the council ex 
officio. 

^xhe duties of the secretary. The municipal secretary 
keeps a record of the business transacted by the mu- 
nicipal council. He certifies to the correctness of all 
warrants ordered by the council to be paid from the 
municipal treasury. 

The secretary also keeps a record of all births, mar- 
riages, and deaths in the municipality, with their dates. 
All persons who celebrate marriages must report them to 
the secretary, and all physicians and midwives must 
report births and deaths that happen within their super- 
vision. The recording of these events is made without 
charge. 

The secretary must issue upon demand of any person a 
certified copy of any record within his control. For doing 
this he may receive a fee not to exceed ten centavos 
per hundred words. The records of the secretary must, 
during business hours, be open to inspection by all resi- 
dents of the municipality and by all officers of any branch 
of the PhiHppine government. 

The duties of the treasurer. The municipal treasurer 
is appointed by the provincial treasurer, subject to the 
approval of the provincial board. He receives and keeps 
an account of all moneys paid to the treasury of the 
municipality, for which he must in all cases give a receipt. 
He pays out upon the president's warrant, countersigned 
by the secretary, all moneys authorized to be paid by the 
municipal council. 



132 THE PHILIPPINE CITIZEN 

The treasurer must keep the municipal money separate 
from his own money, and he must not lend or otherwise 
use public money to his own profit. The treasurer is also 
the custodian of all municipal property other than money, 
and he keeps a record of the same. Before the third day 
of each month he must make a report to the president 
and the provincial treasurer of the receipts and expendi- 
tures of the preceding month. 

Salaries of municipal officers. The salaries of the 
president and the secretary are fixed by the municipal 
council, and that of the treasurer by the provincial 
board, but these salaries must not exceed the following 
amounts: 

ist Class Municipality 2d 3d 4th 

President 1200 pesos 1000 800 600 

Secretary 600 pesos 500 400 300 

Treasurer 800 pesos 600 400 300 

The vice-president and the councilors do not receive 
salaries, except that the vice-president receives the 
salary of the president when he is acting in the place of 
the latter. The reason why these officers receive no 
salary is because the municipalities are too poor to pay 
them salaries at present. To serve in these offices is an 
honor and a duty of which a citizen should be proud. 
The members of several famous national legislative 
bodies receive no pay. 

The city of Manila. The system by which the city of 
Manila is governed is laid down in a law called the 
Charter of the city of Manila. This charter was amended 



THE MUNICIPAL GOVERNMENTS 133 

by an act of the Legislature, June 18, 1908. This amend- 
ment declares that: 

"The government of said city is hereby vested in a Municipal 
Board, consisting of six members, three to be appointed by the 
Governor- General, by and with the consent of the Commission, 
and to be removable in the same manner, one ex-oJB&cio member, 
to wit, the city engineer, and two elective members to be elected 
from the city of Manila, who shall hold ofi&ce for two years or 
until their successors are elected and quaUfied or appointed and 
quahfied." 

The two elective members receive twenty pesos a 
day for each day of attendance on a session of the 
municipal board. 

This same amendment abolishes the old Advisory 
Board of the city of Manila. 

Since the city of Manila is the seat of the Insular 
Government, many of its activities have a more than 
merely municipal bearing. Manila is, in a sense, the 
city of all Filipinos, because, more than the capitals 
of most countries, it dominates the social, business, and 
governmental relations of all the Islands. For this and 
other reasons it is not governed wholly by popular vote 
of its citizens, but through a system in many respects 
resembling a bureau. As stated above, the municipal 
board of Manila is under the executive supervision of the 
Governor-General. 

For more detailed information regarding the govern- 
ment of Manila consult Act No. 183 of the Philippine 
Commission. Also compare Act No. 1963 of the Philip- 
pine Legislature, which gives the charter of the city of 
Baguio. 



CHAPTER XIV 

THE MUNICIPAL COUNCIL 

Oi^ganization and meetings. The municipal council 
is a body of citizens chosen by the electors of the munici- 
pality to make the local ordinances, in accordance with 
the provisions of the Municipal Code. The council 
meets regularly every two weeks, and on special occasions 
whenever necessary. Special meetings may be called 
by the president or by any two members of the council, 
by giving each member of the council a written notice of 
the meeting. 

A majority of all the members of a council constitutes 
a quorum. The regular meetings of the council must be 
public, so that all the citizens may know how the busi- 
ness of the municipality is being conducted, but private 
meetings may be held to vote upon appointments of the 
president. The council determines its own rules of pro- 
cedure, that is, the rules according to which it conducts 
its business. 

The president presides at the meetings of the council, 
signs its journal of proceedings, and may recommend 
legislation that he deems necessary as to the passage 
of ordinances. The president, however, has no vote 
upon the passage of resolutions, except in case of a tie 
vote, when he casts the deciding vote. 

The passage of ordinances. The resolutions passed 
by the council are called ordinances, and have the force 
of laws within the Hmits of the municipality. If an 
ordinance creates an indebtedness for the municipality, 

134 



THE MUNICIPAL COUNCIL 135 

a majority of all the members of the council must vote 
in favor of it; any other ordinance may be passed by vote 
of the majority of the members present. An ordinance 
becomes effective, that is, it becomes the duty of all citi- 
zens to obey it, on the tenth day after its passage, unless 
otherwise provided by the council. The ordinance must 
be posted in front of the municipal building the day after 
its passage, for the information of the citizens. 

It is the duty of the provincial board to approve all 
the acts and ordinances of the council which it considers 
to be legal, and to declare of no effect those which it 
regards as illegal. In case of doubt the board should 
suspend the act or ordinance and refer the question to the 
fiscal. An appeal may be taken from the decision of the 
board to the Governor- General. 

The veto power of the president. If the president 
considers an ordinance legal and wise he approves it, 
and it becomes a law; if not, he vetoes it; that is, he 
signifies to the council his disapproval of the proposed 
ordinance. In this case the ordinance fails to become a 
law, unless when a second vote is taken the council by 
a two-thirds majority passes the ordinance over the veto 
of the president. 

The duties of the municipal council. Each councilor 
is in charge of a barrio or a part of a barrio. If the 
number of barrios exceeds the number of councilors, 
the barrios are grouped into districts and each councilor is 
given charge of a district. It is the duty of the councilor 
to present to the council the needs of his barrio, or dis- 
trict, for action by the council. He should also report 



136 THE PHILIPPINE CITIZEN 

to the people of the barrio any action of the council that 
is of especial interest to them. The lieutenant of a barrio 
is an officer appointed by the councilor to represent him 
in the barrio when he is absent. A substitute Keutenant 
is also appointed by the councilor. Both of these officers 
serve without pay. 

The general duty of the council is to make such ordi- 
nances, not contrary to the insular or provincial laws, as 
shall provide for the peace, safety, health, and prosperity 
of the people of the municipality. A great variety of 
ordinances may be made for these purposes. The law 
provides that certain matters shall receive the especial 
care of the council. The powers of the council are of 
two kinds : those that it is obligatory upon it to employ, 
and those that are permitted to it in the exercise of its 
discretion. The duties that the council must perform 
may be summarized as follows : 

1. To establish and fix the salaries of municipal officers and 
employees, except of teachers in the public schools. 

2. To make appropriations of money for lawful and necessary 
municipal expenditures. 

3. To erect all needful municipal buildings. 

4. To establish fire limits and prescribe the kind of buildings 
that shall be erected within these limits. 

5. To regulate the construction, care, and use of streets, sidewalks, 
wharves, and bridges, including the cleaning of all public places. 

6. To establish and maintain all necessary sanitary regulations 
for the protection of the public health. 

7. To establish and regulate a police department. 

8. To provide against the evils of gambling and other vices. 

9. To provide for the arrest and punishment of all disturbers 
of the peace and of vagrants. 



THE MUNICIPAL COUNCIL 137 

10. To provide for the punishment of cruelty to animals. 

11. To provide for the inspection of weights and measures and 
to enforce the keeping of proper weights and measures. 

12. To fix penalties for the violation of municipal ordinances, 
but no penalty may exceed a fine of two hundred pesos, or impris- 
onment for six months, or both fine and imprisonment. 

13. To establish and maintain municipal prisons. 

14. To establish and maintain primary schools, subject to the 
approval of the division superintendent of schools. 

15. To estabUsh and conduct a post-office, in harmony with 
the rules of the insular postal service. 

16. To license the sale of intoxicating liquors. 

17. To levy such taxes as the law permits. 

18. In general, besides the above duties, to make such ordi- 
nances, not contrary to law, as shall seem necessary to carry 
out the provisions of the Municipal Code and to provide for the 
health, morals, peace, prosperity, and convenience of the muni- 
cipality and its inhabitants. 

In addition to these tasks which the council is required 
to perform, it is empowered, within its discretion, to do 
the following things : 

19. To order the suspension or removal, for cause, of any non- 
elective officer, except a member of the local school board, the 
municipal treasurer, or the president of the municipal board of 
health, provided a two-thirds vote be required. 

20. To make provision for the care of the poor, the sick, and 
the insane. 

21. To provide for the erection of markets and other public 
conveniences. 

22. To regulate and permit, or to prohibit, cockfighting, pro- 
vided that cockfighting shall not take place except on legal holi- 
days and during a period of not more than three days during the 
fiesta of the patron saint. 



138 THE PHILIPPINE CITIZEN 

The municipal council is the field for the training of 
the public officers of the Philippines. All the legis- 
lation of the provincial and insular governments has 
for its object the welfare of the people of the municipali- 
ties, and those who make this legislation could have no 
better school than the municipal council. There the 
immediate needs and will of the people are best learned. 
In the future these councils should furnish the best 
material for the service of the government. Law, medi- 
cine, engineering, and several other professions, have their 
special training schools, some of which exist in the Philip- 
pines; but in most countries, as in the Philippines, the 
business of a legislator or executive officer of the govern- 
ment is entrusted to men who often wholly lack experi- 
ence or training in such matters. There should be many 
young men who will look on the municipal council as an 
arena for securing a training that will serve them in the 
larger and better rewarded spheres of the provincial and 
insular governments. 

Municipal taxation. The land tax, formerly a re- 
quired tax in all municipalities, is now enforced at the 
option of the provincial board. The maximum amount 
of this tax is one half of one per cent, of the assessed valua- 
tion of the lands, buildings, and improvements thereon, of 
the municipality. The minimum land tax is one fourth 
of one per cent, of the valuation of the property men- 
tioned, and at least this amount, if the tax is levied, 
must be devoted to the support of free public primary 
schools. The remainder of the tax, if more than one 
fourth of one per cent, is levied, may be spent for any 
lawful municipal purpose. 



THE MUNICIPAL COUNCIL 139 

Besides the above-mentioned tax, the council may col- 
lect taxes on public amusement enterprises, such as 
theaters and cockpits, and other undertakings depend- 
ent upon public support, such as restaurants and public 
vehicles. Authority is also given to tax dogs. Taxes 
of this nature are called license taxes, because they give 
license, or permission, to do something or own some- 
thing. 

Any export or import tax on goods leaving or enter- 
ing the municipality is expressly forbidden. 

The annual estimate. The council must make an 
annual report to the provincial treasurer. In this 
report are set down the amount and kinds of property 
the municipality possesses, the revenue for the past 
year, and an itemized estimate of the probable ordi- 
nary expenditures for the coming year. The estimated 
ordinary expenditures must not exceed the estimated 
receipts for the coming year. The report must also 
include an estimate of any extraordinary expenditures 
for the coming year. 

The estimate is approved by the provincial treasurer 
if in his opinion the resources of the municipality per- 
mit the estimated expenditure. If, after the collec- 
tion of the taxes has begun, the provincial treasurer 
finds that the probable receipts from taxation will not 
equal the estimated expenditures, he so reports to the 
council, and it then becomes the duty of the council to 
reduce the estimate of expenditure. 



PART III 

THE DUTIES AND RIGHTS OF PHILIPPINE 
CITIZENS 

CHAPTER XV 

THE CITIZEN AND THE LAW 

Knowledge of the law. When the people of the Phil- 
ippines lived in small villages and led a very simple 
life, custom was the only law ; every one knew by what 
standard his acts would be judged by his fellows. As 
civilization advances and states grow larger, laws mul- 
tiply fast, and it is now much more difficult than formerly 
to know what the laws forbid and what they permit. 
The knowledge of the law and the trial of those who 
have broken the laws become, therefore, the work of 
specially trained men, called lawyers. 

One maxim of the law is that " ignorance of the law 
excuses no one." This means that every person is 
treated by the courts as if he knew the law, even though 
he is ignorant of it. It is therefore a part of the citizen's 
duty and is for his best interest to know something about 
the law. Many men have gone to prison in the Philip- 
pines because they did not know the meaning and power 
of the law. Many others have been deprived of their 
rights because they did not know what these rights were 
and that the courts were open to them for the enforce- 
ment of their rights. In the last few years many new 

140 



THE CITIZEN AND THE LAW 141 

laws have been made. It will be impossible in this book 
to learn much about these laws, but we may learn some- 
thing of the way in which justice is administered and 
what the courts are. 

Public and private law. There are two great divi- 
sions of the law : public law and private law. Public 
law relates to offenses against the state, and private 
law to offenses committed by one individual against 
another. Of course, in one sense, all law is pubhc law, 
because all law is made and enforced by the state. 
Moreover, since the state is composed of individuals, 
any injury done to an individual is also an injury to 
the state ; for the state prospers only by the prosperity 
of the individuals who compose it. It is clear, however, 
that the laws that relate to the organization of the gov- 
ernment and the protection of the state are of a dif- 
ferent class from the laws which govern the relations 
between private persons. The man who plans an insur- 
rection violates the public law; his act affects all the 
members of the state as a whole; but the man who al- 
lows his cattle to eat his neighbor's rice does a private 
injury, and his offense is subject to private law. 

Another way of dividing the law is into criminal and 
civil law. Civil law applies chiefly to questions of prop- 
erty rights, such as titles to land, or to family relations, 
such as that of parent and child, husband and wife ; 
while criminal law deals with crimes against the state. 

Felonies and misdemeanors. There are various de- 
grees of crime. A felony is a very serious crime, such 
as murder, burglary, etc., which is punishable by death 



142 THE PHILIPPINE CITIZEN 

or imprisonment in the provincial or insular prisons. 
Misdemeanors are the lesser violations of the law, such 
as the infraction of municipal ordinances, offenses 
against the sanitary regulations, etc. Misdemeanors 
are punishable by small fines, or short imprisonment 
in the local jail. 

Codes. A collection of laws classified according to 
subject matter is called a code. In the Philippines there 
are five special codes of law, besides the Municipal Code. 
They are the Criminal Code, the Civil Code, the Code 
of Criminal Procedure, the Code of Civil Procedure, 
and the Code of Commerce. The Criminal Code is also 
called the Penal Code. 

The Criminal Code defines the acts which are crimes 
and states the punishment for the same. The Civil 
Code defines the civil rights of men with reference to 
personal and property rights. The codes of procedure 
are collections of laws which state the methods by which 
criminal and civil cases shall be brought into the courts 
and tried. 

Criminal procedure. The method of catching, trying, 
and punishing criminals is called criminal procedure. 
It is very important that the rules of criminal procedure 
be carefully determined and faithfully observed, for 
otherwise great wrongs may be done to innocent people. 

Arrest of criminals. Any one who finds a person in 
the act of committing a crime may arrest him and take 
him before a judge. If, however, it should prove later 
that the accused person was not committing a crime, the 
person who arrested him would himself be liable to arrest. 



THE CITIZEN AND THE LAW 143 

It is, therefore, better not to arrest a person, unless 
you are certain that he is committing a crime, and that 
he will escape justice if you do not arrest him. It is 
best when possible to call a policeman, if you suppose 
a crime has been committed. It is the duty of every 
citizen to assist in putting down crime. Peace and order 
cannot be effectively maintained in any country by the 
police alone, imless the police are so niunerous that 
they are a burden on the state. One reason that a 
country like the United States is so free from bandits 
is not because the policemen are numerous, or the sol- 
diers many, for they are far fewer in proportion to the 
population than in the Philippines, but because so many 
of the citizens try to prevent crime and to expose crim- 
inals. If you have knowledge of a crime, it is your 
duty as a good citizen to give information of the crime 
and the criminal to the police or the judge. While the 
law does not compel you to do this, your duty as a patri- 
otic and law-abiding citizen is to make all reasonable 
effort to assist in the suppression of crime. 

A police officer may arrest a person whom he merely 
suspects of crime. He must, however, have good rea- 
sons in his own mind for believing that the person is 
committing or has committed a crime, and his power 
should be exercised with great care. Usually when 
a crime has been committed a judge issues a warrant 
of arrest, that is, a written authority directing the 
police to arrest a person or persons named in the 
warrant. No policeman has the right to enter a pri- 
vate house, unless he is convinced that a crime is 



144 THE PHILIPPINE CITIZEN 

being committed there. To enter a private house, even 
to arrest a man, the policeman must have a special 
order called a "search warrant." It should be remem- 
bered, however, that a policeman must always be obeyed. 
It is a very serious crime to resist an officer of the law, 
even when you think he is acting beyond his power. 
You may complain later to the judge, but at the time it 
is best to obey the policeman without resistance. 

A private person who has been injured by another 
may secure a warrant for his arrest. To do this he must 
first make a statement under oath before a judge, stating 
facts which seem to show the guilt of the person. Then 
the judge, if the facts seem to show the probable guilt 
of the person, will order his arrest to be made. 

It is the duty of the fiscals to secure warrants for the 
arrest of persons whom they believe from evidence to 
be guilty of crime. They should not wait for complaints 
from private citizens. If they suspect crimes are being 
committed, they should try to discover the criminals and 
cause their arrest. 

A criminal trial. After a person has been arrested, 
it is necessary to find out as soon as possible whether 
he is innocent or guilty. This process is called the trial. 
The first step is to bring the prisoner before the proper 
court. If it is impossible to do this at once, the prisoner 
must be committed to jail and held for trial. If he wishes 
his liberty temporarily, he may obtain it, except when he 
is charged with the gravest of crimes, by giving hail. 
Bail is security given by the promise of money or other 
property by friends of the prisoner, as a guarantee that 



THE CITIZEN AND THE LAW 145 

he will appear before the court at the time set for trial. 
If the accused fails to appear, the money, or other prop- 
erty, is forfeited ; that is, it becomes the property of the 
state. 

Presumption of innocence. A rule of criminal pro- 
cedure under our laws is that a person charged with 
crime is supposed to be innocent until he is proved to be 
guilty. Governments have existed in which a person 
arrested and charged with crime was supposed to be 
guilty until he proved his innocence. This is a grave 
injustice, for circumstances sometimes seem to prove 
the guilt of a man who in reaHty is innocent. It is, 
therefore, a rule of our criminal law that unless the state 
can prove " beyond a reasonable doubt " that the 
accused person is guilty, the judge must set him free. 

Arraignment of the prisoner. At the trial of a person 
accused of crime the judge listens first to the information, 
which is a written accusation made by the public prosecu- 
tor. This accusation is sometimes presented before the 
judge has seen the accused. The first step in a trial is or- 
dinarily the arraignment; that is, the appearance of the 
prisoner in court to plead "guilty," or "not guilty." 
If the prisoner admits his guilt, there is of course nothing 
more to be done but for the judge to fix his punishment 
in accordance with the law. If he denies his guilt, the 
trial proceeds. In some cases, however, the prisoner 
may claim that the court before which he is brought has 
no jurisdiction over his case, or that the information is 
not properly drawn up. In such cases the arraignment 
may be postponed. 



146 THE PHILIPPINE CITIZEN 

Method of trial. The accused person is called the 
defendant, while the government is called the plaintiff. 
The fiscal, or similar officer, is the lawyer who represents 
the government, while the prisoner has a lawyer to pre- 
sent his side of the question. If a prisoner is too poor 
to hire a lawyer to defend him, it is the duty of the judge 
to appoint a lawyer to represent him, without charge. 

At the trial each lawyer in turn presents his case for 
or against the accused. He states what he understands 
the law in the matter to be and what application he 
considers it has to the case of the defendant. Wit- 
nesses, that is, persons who know something about the 
facts of the alleged crime, are examined by the lawyers 
and the judge. 

The judge is supposed to be impartial; he is on the 
side of neither the plaintiff nor the defendant; they appear 
before him as strangers, and he decides between them. 
The judge represents not the fiscal but the law. 

After a consideration of the evidence presented and 
the arguments of the opposing lawyers, the judge gives 
his decision according to his judgment of the facts and 
the law. He pronounces the prisoner guilty or not 
guilty, and in the former case gives the sentence; that is, 
he fixes the amount and kind of the penalty within the 
Umits allowed by the law. A crime may have degrees^ 
that is, there may be circumstances that increase or 
lessen the guilt of the criminal. The conditions under 
which a crime was committed may show either aggravat- 
ing or extenuating circumstances, the former calHng for 
a heavier and the latter for a lighter penalty. It is thus 



THE CITIZEN AND THE LAW 147 

a serious responsibility for a judge to determine in just 
what degree a crime has been committed. 

Appeals. If after trial and sentence the prisoner is 
not satisfied with the trial, he may in certain cases appeal 
to a higher court. If the appeal is allowed, the prisoner 
may be released temporarily on bail. Thus he may some- 
times appeal from court to court until his case reaches the 
Supreme Court of the United States. From this tri- 
bunal there is no appeal. We shall see later what some 
of the laws regulating appeals are. 

The pardoning power. The judges sometimes make 
mistakes, and there are also some circumstances for 
which the law cannot make provision. No system 
of laws is perfect and no judge is infallible. The law 
therefore provides that criminals who have been con- 
victed and sentenced may be pardoned if the circum- 
stances warrant it. There are many such circumstances 
that may be learned or may arise after the punishment 
is begun, circumstances which the judge cannot foresee 
and for which the laws cannot and do not provide. A 
man may be sentenced to five years in prison. After 
serving a part of his sentence he may become very ill. 
To keep him in prison might cause his death. The law 
did not intend so severe a punishment as death. Under 
such circumstances he may be granted pardon. The 
pardoning power in the Philippines is exercised by the 
Governor- General, but the actual pardon is granted by 
the President of the United States. A board of commis- 
sioners is usually appointed by the Governor- General to 
examine petitions for pardon. If on careful investigation 



148 THE PHILIPPINE CITIZEN 

sufficient reasons are found for the exercise of executive 
clemency, a pardon may be granted. 

The object of punishing crime. The fines and im- 
prisonment, or it may be death, which the laws impose 
are called the punishment for crime. The object of 
this punishment is not revenge. The state does not 
punish the criminal because it is angry with him. Anger 
has no place in courts. The state punishes the criminal 
for the protection of society and to reform the criminal. 
The example of punishment exercises some influence in 
keeping other men from crime. It also, in some cases, 
prevents the criminal, through memory of his sufferings, 
from committing crime again after he is set free. In the 
case of criminals who are executed the element of reform 
is not present in the motives of the state. For this 
reason, among others, many are opposed to capital 
punishment. 

To prevent crime and to reform the criminal are, 
then, the only objects of the punishments of the law. 
Through ignorance of the true purpose of punishment 
many prisons in the past have served the opposite of these 
purposes : they have made the criminal worse, and in the 
end set him free to prey upon society again. They have 
even served to make criminals of innocent persons by 
shutting them up with evil men, who corrupted them. 

Penal colonies. For the reasons that we have just 
considered, the Philippine government endeavors to 
teach prisoners who are sentenced to long terms some 
useful trade so that they may earn an honest living when 
they are set free. It gives them useful employment in 



THE CITIZEN AND THE LAW 149 

prison, so that their minds may not become weak nor 
their hearts hard. 

Further, the government has established a penal col- 
ony on the island of Palawan. Here on a great farm a 
large number of criminals live a healthful life, cultivating 
the soil, and even governing themselves in some respects. 
They are where they cannot injure society, and they are 
so treated that when they regain their freedom an honest 
life will seem pleasanter to them than a criminal life. 

Civil actions. A civil action is a trial before the court 
to settle a dispute between private persons. It is usually 
undertaken to secure "damages " : that is, the payment 
to the injured party of a sum of money as compensation 
for the wrong done to him. 

In a civil action each party to the suit must hire his 
own lawyer, and the one who loses the case pays the costs 
of the court, including the cost of the opposing lawyer. 
After damages have been awarded by the judge it is 
sometimes difficult to secure the payment of the sum 
adjudged due the plaintiff. In case the defendant has 
property, an officer of the court may seize and sell this 
property to pay the damages. 

While the law affords opportunity to every one to 
secure redress for private wrongs involving loss of 
property, it is not well to resort often to the courts. 
Actions at law are expensive and consume much time 
and strength. Often they fail to accomplish the desired 
end. It is better in many cases to compromise with 
your enemy than to risk the waste of time and money 
in vain. 



I50 THE PHILIPPINE CITIZEN 

Special definitions. There are a number of legal terms 
that demand special definition. Among these are the 
following: 

Habeas corpus. If an accused person is not given a 
speedy hearing, or if he is held in jail and for any reason 
thinks his detention illegal, he may petition a court of 
competent jurisdiction for a writ of habeas corpus. This 
is a judicial order in writing made by the court and di- 
rected to a peace ofl&cer requiring him to produce the 
accused in court in order that the legality of his impri- 
sonment may be determined. The words *' habeas cor- 
pus " mean " you may have the body." The right of 
habeas corpus is one of the most precious of civil liberties, 
for without it men have sometimes been kept for many 
years in jail without a trial. 

Extradition. If a person accused of crime, or a crimi- 
nal, escapes to a foreign coimtry, he may be arrested only 
by police officers of that country. Treaties exist between 
most countries specifying for what oiEfenses persons who 
have fled from justice shall be delivered to the country 
from which they have fled. The process of arresting 
and returning a fugitive from the law is called extra- 
dition. 

Ex post facto law. An ex post facto law is a law which 
makes a crime of an act that was not criminal at the time 
it was done, or which increases the penalty for a crime 
beyond the penalty existing at the time the act was 
committed, or in any way impairs the substantial rights 
of the accused in a criminal proceeding. 

Right of eminent domain. The right of eminent 



THE CITIZEN AND THE LAW 151 

domain is the right which the government exercises of 
taking private property for public uses, at the same time 
paying the owner a just compensation for the property. 
This right is most commonly exercised in taking the land 
of private persons for the construction of roads. 



CHAPTER XVI 

THE COURTS OF JUSTICE 

Definitions. There are three classes of courts of jus- 
tice in the Philippines, — the justice of the peace courts, 
the courts of first instance, and the Supreme Court. 
There are also the courts of the city of Manila and the 
Court of Land Registration. 

These courts differ in their jurisdiction and their pow- 
ers. The jurisdiction of a court means the extent of • 
territory within which it may try cases and the kind of 
cases which it has the right to try. A court in which a 
certain kind of case may first be brought to trial is a court 
of original jurisdiction. Some cases may be brought to 
trial in either of two courts. Such courts are said to have 
concurrent jurisdiction; it would also be true of such 
courts that each has original jurisdiction. If a court is 
the only court in which a case may be first brought to 
trial, that court has original and exclusive jurisdiction 
over such a case. A court has appellate jurisdiction 
when it has the power to hear a case that has already been 
tried in a lower court and has been brought to the former 
by appeal. 

The justice of the peace courts. The most numerous 
courts in the Philippines are the justice of the peace 
courts. The law provides that there shall be one justice 
of the peace and one auxiliary justice in each municipal- 
ity organized according to the Municipal Code, and one 
in such other places and towns as shall be determined 
by the Commission. 

152 



THE COURTS OF JUSTICE 153 

The object of having so many of these courts is to 
provide speedy justice for those accused of crime. 
It is also necessary to have many local courts so that 
cases of small importance may be disposed of at little 
expense to the government and the people. The trial 
of cases at law consumes much time and money, espe- 
cially in the higher courts. Justice would often be de- 
layed for years, or left undone, if there were not numerous 
small courts where cases may be heard with little expendi- 
ture of time and money. The higher courts are occupied 
with very important cases, and it would be impracticable 
to carry every case at once to the highest tribunal in the 
land. 

The appointment of justices of the peace. The justices 
of the peace and the auxiliary justices are appointed by 
the Governor- General, with the consent of the Commis- 
sion. The method of selection is as follows. The judge 
of the court of first instance, of the district where there 
is a vacancy in a justiceship, forwards to the Governor- 
General a list of names of the persons qualified to fill a 
vacancy. Justices and auxiliary justices hold their 
positions during good behavior. They may be removed 
for good reason by the Governor- General. 

Qualifications of justices. A justice of the peace, or 
an auxiliary justice, must be at least twenty-three years 
of age, a citizen of the Philippine Islands, or of the United 
States, and of good moral character; he must have been 
admitted by the Supreme Court to practice law, or have 
passed the civil service examination for clerk of court, 
or an examination held in each province before a board 



154 THE PHILIPPINE CITIZEN 

composed of the judge of the court of first instance, the 
provincial fiscal, and a practicing lawyer appointed by 
the judge, under rules and regulations to be prescribed 
by the Attorney- General with the approval of the 
Secretary of Finance and Justice. It is further provided 
that no justice of the peace or auxiliary justice shall be 
appointed for the city of Manila or for any provincial 
capital who has not been admitted by the Supreme Court 
to the practice of law. With the permission of the judge 
of the court of first instance of his district, a justice may 
pursue another business in addition to that of justice, 
except that of attorney for the party accused in a trial 
before him. 

Supervision. The judge of the court of first instance 
o'f the district is the supervisor of the justices of that 
district. It is his duty to instruct and advise them in the 
law, and they must make an annual report to him of their 
work. For the purpose of instructing the justices, the 
judge of the court of first instance holds an assembly of 
justices each year in each province of his district. This 
assembly may be discontinued after three years if in the 
opinion of the judge the instruction of the justices is 
sufficient. 

Jurisdiction. The territorial jurisdiction of a justice 
of the peace does not extend beyond his municipality, 
except in special cases for which the law provides. The 
object of this is to prevent persons from being summoned 
from a long distance to attend unimportant trials. 

In all civil actions (except those exclusively reserved 
to the court of first instance) the justice of the peace 



THE COURTS OF JUSTICE 155 

has original and exclusive jurisdiction, where the case 
does not involve a value of more than two hundred pesos. 
Where the amount involved is more than two hundred 
and less than six hundred pesos, the justice of the peace 
has concurrent jurisdiction with the judge of the court of 
first instance. 

The qualifications, duties, and powers of auxiliary 
justices are the same as those of regular justices, and when 
they act in the place of the latter they receive the same 
compensation. 

Appeals from the justice of the peace courts must be 
made within fifteen days from the date of the decision 
and must be accompanied by a deposit of sixteen pesos. 
The object of this is to prevent unnecessary appeals. 

The power that formerly belonged to the president's 
court to try violations of municipal ordinances has been 
given to the justice of the peace. Except in the city of 
Manila, the justices of the peace have original jurisdic- 
tion to try persons accused of misdemeanors, offenses, and 
infractions of municipal ordinances in which the penalty 
does not exceed a fine of two hundred pesos, or six months' 
imprisonment, or both fine and imprisonment. 

Other powers of the justice. Besides the right to hear 
and try the civil and criminal cases that come within his 
jurisdiction, the justice of the peace has the power 
anywhere within his jurisdiction to solemnize marriages, 
administer oaths, take depositions, and authenticate 
merchants' books. 

A deposition is a declaration under oath made by a 
person who cannot be present to give testimony in a court 



156 THE PHILIPPINE CITIZEN 

of justice. The deposition serves as evidence of the facts 
which it states. Depositions are rarely used in criminal 
cases. 

Compensation. The salaries of justices of the peace 
are fixed by law. These are as follows: in first-class 
municipalities, F960 a year; in second-class municipal- 
ities, ^840 a year; in third-class municipalities, F720 a 
year ; in fourth-class municipahties, ?6oo a year. The law 
provides special salaries for justices of the peace in the city 
of Manila and in provincial capitals. These range from 
F3000 a year in Manila, to Pi 200 a year in the smaller 
provincial capitals. 

For each criminal case, the fee is five pesos ; for each 
civil action, three pesos, provided, that for prosecutions 
for infractions of municipal ordinances or for non-payment 
of cedula tax, the fee shall be one peso and fifty centavos. 
All fees except in the city of Manila are paid into the 
Insular Treasury. Salaries of justices of the peace are 
paid by the municipalities, but are later reimbursed to the 
municipalities by the Insular Treasurer. For further 
information regarding the justice of the peace courts, 
consult Act No. 2041 of the Commission. The fee for 
performance of the marriage ceremony, including mar- 
riage license, is one peso; for certified copies of any record, 
per hundred words, or any part of one hundred words, 
twenty centavos ; for writing and certifying depositions, 
including oath, twenty centavos per hundred words ; 
for taking affidavit, fifty centavos; for stamping and 
registering merchants' books, one peso. 

Preliminary hearing. The justice of the peace must 



THE COURTS OF JUSTICE 157 

conduct a preliminary hearing of a person charged with a 
violation of the law. This hearing must be in public, and 
the witnesses must be examined in the presence of the 
accused. This investigation must begin within three 
days of the time the accused was brought before the 
justice. 

The courts of first instance. The courts of first in- 
stance are the courts which sit at certain times in every 
province and in the city of Manila to try appeals from the 
justice of the peace courts and cases in which the court of 
first instance has original jurisdiction. 

The Islands are divided into fifteen judicial districts, 
besides a district known as the Mountain District, in the 
central part of northern Luzon, and the city of Manila. 
These districts embrace one or more provinces each, so 
that some judges of courts of first instance conduct 
court by turn in several provinces. These courts are of 
great dignity and importance, since all the more serious 
cases are brought before them, and their judges have the 
supervision of the justices' courts. The judges of the 
courts of first instance are appointed by the Governor- 
General with the consent of the Philippine Commission. 
The officers of the courts of first instance are the judge, 
the ofiicer of the court, who is the governor in the provin- 
cial districts, the clerk of the court of first instance, and 
the provincial fiscal. The fiscal as the attorney of the 
government prosecutes most cases brought before this 
court. 

The Supreme Court. The Supreme Court of the 
Philippines is the highest judicial tribunal of the land. 



158 THE PHILIPPINE CITIZEN 

It consists of one chief justice and six associate justices. 
There is no appeal from this court, except to the Supreme 
Court of the United States, and only the most important 
cases can be appealed. 

Most of the cases tried by the Supreme Court are cases 
appealed from the lower courts. The Supreme Court is 
independent of the Philippine Legislature. The latter 
makes laws, but the Supreme Court determines the mean- 
ing and application of these laws, and every one must obey 
the law according to the interpretation of the Supreme 
Court. 

The seven Justices of the Supreme Court do not hear 
cases separately, except in special proceedings. They 
usually sit together and hear one case at a time. Since 
the cases heard before the Supreme Court are mostly 
those which have been appealed from the lower courts, 
the Supreme Court rarely hears witnesses. Instead of 
doing this it examines the written testimony which was 
made before the lower court and listens to the arguments 
of the opposing lawyers. The Supreme Court does not 
usually question the truth of the facts of a case as these 
are found by the lower court. Its principal business is 
to define and apply the laws that relate to these facts. 
When the Supreme Court has heard a case it may affirm 
the decision of the lower court, or reverse it, or affirm 
it with a change in the amount of the punishment. 

The decisions of the Supreme Court are of the utmost 
importance to judges of the lower courts and to lawyers, 
for they show how the law should be interpreted, and 
in future trials the lower courts and the lawyers usually 



THE COURTS OF JUSTICE 159 

follow the decisions of the Supreme Court. These de- 
cisions are published in the Official Gazette. 

The Justices of the Supreme Court are appointed by 
the President of the United States, with the consent of 
the Senate. They hold office at the pleasure of the 
President. 

Going to law. The courts of law are the place of 
last resort for people who cannot settle their quarrels 
in private. Persons who have disputes over property 
rights would usually do better to settle them peace- 
fully out of court. Lawyers' fees are heavy, and even 
with the best systems of justice the delays of the law 
are often numerous and long. Many people waste 
their time and money in idle lawsuits. It is not wise 
to take trivial cases into the courts. If you have been 
cheated of ten centavos it is not wise to spend twenty 
pesos to get justice in court. Every one must suffer 
many little injustices in this world; it is better to act 
with such caution that you will seldom be wronged 
than to spend much time and money righting unim- 
portant wrongs. 

The Court of Land Registration. This court has ex- 
clusive jurisdiction over all applications for the regis- 
tration of lands or buildings within the Philippine Islands. 
It holds its sittings in Manila, but may adjourn from 
time to time to such other places as the public conven- 
ience may require. There are at present five judges 
of this court. Further information regarding this court 
may be obtained by reference to Chapters 212 and 213, 
Compilation of Acts of the Philippine Commission. 



CHAPTER XVII 

TAXATION AND TAXES 

Necessity of taxation. Taxes are sums of money 
paid in accordance with fixed laws by certain classes 
of persons for the support of the government. All 
the inhabitants of a country, whether citizens or not, 
may be required to pay taxes, because all share in the 
benefits which government confers. 

No laws are more necessary than the laws enforcing 
taxation; all governments depend on taxation, and 
the more advanced and progressive the government, 
the greater the variety and amount of the taxes. Gov- 
ernments today undertake so many different kinds of 
work for the people that great sums of money are neces- 
sary to pay for this work. The taxes furnish this money. 

The ignorant often look on taxation as a means by 
which the government enriches itself at the expense 
of the people. They see high-salaried government 
officials and the great sums of money spent upon govern- 
ment undertakings. Many feel that this money is 
taken from them by taxation for the personal benefit 
of the rulers and not for the good of the whole people. 
Now in some countries, where the control of the gov- 
ernment is in the hands of a few unscrupulous men, 
this abuse of taxation occurs. Such governments, 
however, are not true democracies; they are legalized 
bands of organized thieves. Most great governments, 
however, derive their real power from the will of the 
people, and could not exist without the consent of the 

i6o 



TAXATION AND TAXES i6i 

majority of the people. In nearly all such governments it 
is true that taxation is simply the method by which the 
people use some of the money of some of the people for 
the benefit of all the people. The price of good govern- 
ment is high, but the benefits of good government are 
priceless. 

Uniformity of taxation. The general rule by which 
taxation is guided in the Philippines is expressed in 
section 5 of the Philippine Act, approved July i, 1902, 
which states that " the rule of taxation in said islands 
shall be uniform.^' By *' uniform " is meant that every 
form of taxation should apply with equal force to all; 
that is, that no one should be exempted from a tax 
through favoritism ; that all races and all classes should 
pay each tax according to a rule that is the same for 
all. This does not, of course, mean that all should 
pay the same total amount of money, but that they 
should pay at the same rate. 

It is well to remember, however, that there are some 
who hold that a progressive tax is more nearly just than 
a uniform one. A progressive tax is one that is levied 
at an increasing rate where there is increasing ability 
to pay. Some governments, for example, tax inher- 
itances ; upon small inheritances they place a light rate 
of taxation, but upon large inheritances an increased 
rate. By this rule of taxation the rich pay a higher rate 
of taxation than the poor. 

As in all other matters of government, "time and 
circumstance '^ can alone determine which of these 
methods is best for a certain country. 



i62 THE PHILIPPINE CITIZEN 

The expenditure of taxes. The principal purposes 
for which the money derived from taxation is spent 
are the maintenance of peace and justice, the construc- 
tion of public works, the support of the pubUc schools, 
the protection of the public health, and the salaries of 
the officers of the government 

The cedula tax. The pollj or cedula tax is a personal 
tax paid annually by every male inhabitant of the Phil- 
ippines between eighteen and sixty years of age. The 
amount of this tax under American rule was one peso 
in all parts of the Philippines, until 1907, when per- 
mission was given to provincial boards to raise this tax 
to two pesos. In case the cedula tax is increased to two 
pesos, the additional peso must be spent wholly for the 
construction, maintenance, and repairs of the public 
highways and bridges. We see, therefore, that uniform- 
ity of taxation does not mean uniformity in the Islands 
as a whole ; it may mean only uniformity within a single 
town or province. 

The cedula is a certificate of registration given to 
every person who pays the poll tax. Males over the 
age limit and also women, of proper age, may obtain 
this certificate of registration by paying the regular 
fee, but they are not compelled to do so. The reason 
why women sometimes desire to possess a cedula is 
because it is useful to prove one's identity, that is, 
that one is the person he says he is. Soldiers and sailors 
of the United States Army and Navy, representatives 
of foreign countries to the Islands, and some others, 
are exempted from paying the cedula tax. 



TAXATION AND TAXES 163 

The uses of cedulas. Cedulas are of great value. 
They serve as certificates of identification, a fact of 
value in business and when traveling; those who vote 
for public ofiicers must have cedulas; they must be 
presented by every one who appears in court, when- 
ever any one transacts business with a public officer, 
pays any taxes, receives money from pubHc funds, 
acknowledges any document before a notary public, 
assumes any public office, or receives any license or per- 
mit from any public authority. 

The penalty for using another person's cedula as your 
own is a fine of two hundred pesos. 

Property taxes. Property taxes are taxes on the 
possessions of people. There are two classes of tax- 
able property: personal property, that is, property 
that may be easily moved; and real property, such as 
houses and lands, and improvements on the same. 

The principal tax on real property in the Philippines 
is called the land tax. Such a tax is just in principle, 
because there can be no concealment of land, while 
some objects of taxation, like jewelry, for example, are 
easily concealed from the tax gatherer. Moreover, 
the value of land can be estimated with some degree of 
accuracy and uniformity, and on the whole changes 
slowly, while other kinds of property vary frequently in 
value, and are often estimated at a false value. 

In a prosperous country the land tax is one of the best 
forms of taxation. The Philippines, however, have been 
subjected to so many misfortunes in the last few years 
that the land tax, though still legally in force, was 



164 THE PHILIPPINE CITIZEN 

suspended in _iQo6 and J Q07 in the Christian provinces 
and municipalities, except in flie city of Manila. The 
reason for this was the poverty of many small farmers 
and the large amount of land that lay idle without 
paying a return to the owner. 

The government is completing a careful assessment 
of the valuation of taxable real property in the Chris- 
tian provinces and municipalities of the Philippines. 
This work is in charge of the Central Equalizing Board, 
an agency of the Insular Government. It is provided 
by Act 1686 that when this assessment is completed the 
provinces and municipalities in which the land tax has 
been suspended shall receive from the Insular Treasury 
as a reimbursement a sum equal to fifty per cent, of the 
total of the maximum land tax collectible at the maxi- 
mum rate in such provinces and municipalities. 

This sum of money is to be assigned in the following 
proportions to the expenses of the provincial and mu- 
nicipal governments: tw o sevent hs to the provincial 
general fund ; o ne_ se venth to the provincial bridge 
and road fund; four sevenths to the municipalities in 
accordance with the proportion which the assessed 
valuation of their real property bears to the assessed 
valuation of the taxable real property of the entire 
province of which the municipality is a part. The sum 
which finally falls to each municipality must be equally 
divided between the municipal general fund and the 
municipal school fund. 

It is further provided by law that each provincial 
board may determine whether or not the land tax shall 



TAXATION AND TAXES 165 

be suspended in the future in its province. It will 
thus be seen that provinces in which the land tax is 
not collected depend in large measure for their revenues 
upon the Insular Treasury. 

Import and export taxes. The principal source of 
revenue to the Insular Treasury is the i mport tax es, that 
is, the taxes on goods brought into the PhiHppines 
from foreign countries. The merchant who imports the 
goods pays the tax in the first instance to the govern- 
ment, but since he adds the amount of this tax to the price 
of the goods, the consumer (purchaser) is the one who 
really pays the import taxes. If, for example, a picul 
of rice cost the importer four pesos and he had to pay 
an import tax of one peso on each picul, he would fix 
his price to the consumer of rice by adding to the original 
four pesos the amount of profit he wished to make and 
also the one peso which he had to pay as an import tax. 
It is plain that the last man who purchases the rice is the 
one who pays the tax. For this reason import and sim- 
ilar taxes are called indirect taxes, because the tax is not 
paid directly to the government by the user of goods, but 
indirectly through the importer. " Cugtomsduties " is 
the phrase usually applied to import taxes. The sched- 
ule according to which they are collected is called the 
jariff. ^ 

Of course if there were no tariff on foreign goods, 
many imported articles would be cheaper. On the 
other hand, it may be said in favor of the import taxes 
that most of the imported foreign goods are not strictly 
necessities; hence the people who can best afford to 



i66 THE PHILIPPINE CITIZEN 

pay the tax bear the greatest share of it. Further, 
if a tariff exists on foreign goods the price of similar 
domestic goods increases, which is a benefit to those 
engaged in industries and commerce. 

Exp ort duties are taxes paid on goods exported from 
the country. It is not well to have such taxes, because 
they discourage production. Exports should be en- 
couraged, because, as a rule, the more a country exports 
and the less it imports the richer it grows. 

License taxes. License taxes are sums of money 
paid for certificates giving permission to engage in 
certain kinds of business, or to do other things. Some 
of the license taxes in the Philippines are the taxes on 
public carriages, cockpits, market stalls, saloons, etc. 

Internal revenue taxes. Internal revenue taxes are 
sums of money raised by taxing property, persons, and 
industry within the country; that is, they are not de- 
rived from imports and exports. 

The taxes on alcohol, alcoholic liquors, and manufac- 
tures of tobacco furnish the greater part of the internal 
revenue receipts. The reason most of the internal 
revenue is raised from these articles is because they 
are luxuries, not necessities. Those who can afford to 
use tobacco and hquors should not regard the internal 
revenue tax as a hardship ; for they need not pay this 
tax if they are willing to give up the use of these arti- 
cles. The tax on liquors and tobacco is an indirect tax, 
because the distiller or the manufacturer adds the amount 
of the tax to the cost of the articles to the consumer. 
The latter is the person who really pays the tax. 



TAXATION AND TAXES 167 

The chief of the remaining internal revenue taxes 
are the poll tax, the tax on matches, forestry products, 
business, manufacture, occupation, and the stamp 
taxes. 

Stamp taxes are sums raised by the sale of certain 
kinds of stamps to be affixed to certain kinds of docu- 
ments, such as bank checks, deeds, etc. 

Farmers who sell products of their own raising, ex- 
porters, artisans, and some others, are exempted from 
the tax on business and manufactures. The object 
of making exceptions of these classes is to encourage 
agriculture and to reheve from the burden of taxation 
people who are too poor to pay the tax with ease. 

The principal persons who pay occupation license 
taxes are brokers, lawyers, and other professional men, 
and proprietors of places of pubHc amusement, such as 
cockpits. 

Expenditure of internal revenue taxes. The taxes 
on theaters, cockpits, etc., are expended exclusively 
for the benefit of the mimicipahty where they are as- 
sessed and collected. 

The other internal revenue receipts are divided in a 
certain proportion between the insular, provincial, and 
municipal governments, whereas the import duties go 
wholly to the insular government. 

Apportionment of internal revenue taxes. The prov- 
inces and municipaHties do not receive equal shares 
of the internal revenue receipts, but the share of each 
province and municipality is proportioned to its popu- 
lation. The reason for this is, of course, that the 



i68 THE PHILIPPINE CITIZEN 

provinces and municipalities with the largest population 
have, as a rule, paid a larger share of the taxes than those 
of small population, and so should receive a larger share 
of the profits. 

In the Christian provinces, the rule by which the in- 
ternal revenue receipts are divided between the province 
and the municipahties is as follows: Ten per cent, of 
the total receipts is devoted to general provincial pur- 
poses. If a province has increased the cedula tax to 
two pesos, its due proportion of an additional ten per 
cent, of the internal revenue receipts is assigned to it to 
be spent wholly on roads and bridges. Twenty per cent, 
of the internal revenue receipts is devoted to the expenses 
of the municipahties, of which half must be devoted to 
the support of free public primary schools. 

In making this distribution the city of Manila re- 
ceives a share as a province and also as a municipahty. 

The road law. There is still another kind of tax, 
provided for by the " road law." This tax is not made 
compulsory by the insular government, but is left to 
the judgment of the provinces and municipahties to 
adopt if they see fit. This law provides that every 
male inhabitant of the province or municipality which 
adopts it who is subject to the poll tax, shall labor on 
the pubhc highways, bridges, wharves, or trails, five 
days of eight hours each for every calendar year, or pay 
the equivalent of such labor in cash. This law does 
not apply to the non-Christian provinces and settle- 
ments, nor to the city of Manila, the members of the 
Constabulary, or the municipal police. 



TAXATION AND TAXES 169 

This law does not take effect in any province as a 
whole until it has been adopted by the provincial board 
and a majority of the municipalities of the province. 
Any single municipality may, however, adopt this law. 

There is no material need of the Philippines greater 
than that of good roads and bridges. This matter is 
of such importance that it is well to quote here the 
statement of Governor- General Smith in his message 
to the First Philippine Assembly : 

"The Executive is sorry to say that today, owing to the neg- 
ligence and indifference of municipal officials, the roads and high- 
ways of the Islands have fallen into such a disgraceful condition 
that in the rainy season they are better suited for boats than for 
land transportation. . . . Exclusive of the Benguet road, the 
insular government has constructed some five hundred miles of 
road, and expended for the purpose more than three million pesos ; 
and for what ? — to see the highways go to ruin through the indif- 
ference of the very people for whose benefit they were constructed. 
To enable municipalities to keep their roads in repair the Com- 
mission passed a road law, and, recognizing the autonomy of the 
local governments, made the law effective on its acceptance by 
the convention of municipal officers. ... To build all the roads 
which are necessary for the development of the Philippine Islands 
and to put the existing highways into proper condition would 
cost somewhere in the neighborhood of $65,000,000 gold. The 
Philippine government probably has less income in proportion 
to its population than any other government on earth, and unless 
the people are willing to make some sacrifices for their own welfare 
and prosperity, the development of the resources of the Islands 
will be long delayed. Indeed, in one province during the last year 
the cost of transporting a picul of abaca a distance of five miles 
was three pesos, and this contribution to bad roads was paid will- 
ingly and without a murmur, while the imposition of a tax of the 



I70 THE PHILIPPINE CITIZEN 

same amount for the purpose of securing good roads and a reduc- 
tion of the cost of transportation by seventy-five per cent, would 
have been considered by those most concerned as an intolerable 
act of tyranny and oppression." 

The forced labor law under the Spanish regime, by 
which forty days' labor on public works was exacted 
of every able-bodied male adult (later reduced to fifteen 
days) was accompanied by so many abuses and the labor 
produced such poor results that great opposition is felt 
to any forced labor law. It is believed that today, 
with a moderate requirement of forced labor and an 
honest and capable administration of the law, a labor 
tax of this sort would be of inestimable benefit to the 
country. Few greater services to their country could 
be performed by those who understand the purpose 
and proper administration of taxation than to work 
for the removal of this prejudice against a moderate 
labor law, and to awaken the people to the fact that 
such labor would be spent for their own highest profit. 



CHAPTER XVIII 

THE POSTAL SAVINGS BANK AND THE HOMESTEAD LAW 

Value of savings. A savings bank is a place where 
people may deposit from time to time sums of money 
which they wish to save. Money deposited in a savings 
bank bears interest, and may be withdrawn when the 
depositor wishes. The object of placing money in a 
savings bank is to accumulate money against the com- 
ing of old age or sickness, or for some other special need 
of the future. 

Experience shows that people who cultivate the 
habit of laying up money in a savings bank are more 
contented and prosperous than those who have nothing 
laid aside for the future. Money set aside in this way 
becomes capital; that is, a form of wealth that is repro- 
ductive. A savings bank deposit is not only a fund 
which contributes to the security of the individual who 
owns it, but is also a source from which the state may 
obtain loans in time of war or other national distress. 
Savings deposits are sources from which great business 
corporations may obtain funds to develop the resources 
of a country. Thus the savings of a people form the 
foundation of national wealth. No people can hope to 
attain a great place among the nations of the world who 
have not laid by in savings banks large sums of money. 
The financial independence of its citizens is the foundation 
of the political independence of the state. 

The Philippine Postal Savings Bank. For these 
reasons the government has established the Philippine 

171 



172 THE PHILIPPINE CITIZEN 

Postal Savings Bank. This bank is administered by 
the Bureau of Posts. The main office of the bank is 
in the central post-office at Manila, while the larger 
post-offices of the Islands are branches of the Postal 
Savings Bank. The object of the government is not 
its own immediate financial gain, but to provide for 
the safety and increase of the savings of individuals, 
and so to guarantee the financial independence of the 
state. 

Safety. The Postal Savings Bank is the safest place 
in the world in which to deposit money. The Philippine 
government guarantees absolutely to return the money 
of the depositor. If the money is stolen, burned, or in 
any other way lost, the government makes good the loss 
to the depositor. The depositor cannot fail to recover 
his money, unless the government fails and the credit 
and resources of the state are destroyed. 

Interest. The government lends at interest the 
money deposited in the Postal Savings Bank and from 
the earnings of the money pays the depositor a small 
rate of interest. The principal advantage of depositing 
money in the Postal Savings Bank is not, however, 
the amount of interest to be gained, but the availabiHty 
and safety of the deposit. It is easy to lend money at 
a high rate of interest in the Philippines, but frequently 
difficult or impossible to get back the money that has 
been loaned. A peso where you are sure you can have 
it any time is worth several pesos that you may get some 
time when your debtor is able and wiUing to pay you. 

Conditions of deposit. Any person living in the 



I>OSTAL SAVINGS BANK AND HOMESTEAD LAW 173 

Philippine Islands (not under legal disability) may 
make deposits in the Postal Savings Bank. Boys and 
girls as well as men and women may open an account 
with the Postal Savings Bank. 

Besides opening an account for himself any person 
over twenty-three years of age, or less than twenty- 
three but the head of a family, may open an account 
for any other person who from youth or other reason is 
unable to manage his own affairs. 

A special advantage which savings banks deposits 
have is that they are not subject to taxation, nor can 
they be seized for debt if the amount of the deposit 
is less than one thousand pesos. 

By purchasing Postal Savings Bank stamps one may 
save as small a sum as five centavos at a time. When 
one has a peso either in money or in stamps he may 
deposit it in the bank. The stamps may be bought and 
the method of using them learned at any Postal Savings 
Bank office. 

All officers connected with the Postal Savings Bank 
are bound to keep secret the facts concerning the de- 
positor's account. 

Public land. Land not owned by private indi- 
viduals but held by the government for the benefit of 
all the people is called public land. About nine tenths 
of the land in the Philippines is public land. This land 
is divided into three classes, — forest, mineral, and 
agricultural land, — according as it is most valuable for 
lumbering, mining, or farming purposes. There are 
certain laws governing the acquisition of this land by 



174 THE PHILIPPINE CITIZEN 

private individuals. The most important of these laws 
is the homestead law, by which it is made possible for a 
citizen to acquire from the public agricultural land a 
farm and home of his own. 

Homesteads. A homestead is the permanent home 
of a man and his family. It consists of the land the 
government gives him and the house he builds upon 
that land. Any Philippine or American male citizen 
not less than twenty-one years of age may obtain a 
homestead consisting of sixteen hektars of public agri- 
cultural land, if he will cultivate the land for five years 
and reside upon it the last two. No person, however, 
who already owns more than sixteen hektars of land may 
obtain a homestead. 

If a person is married he may obtain a homestead, 
even though he is less than twenty-one years of age. A 
married woman may obtain a homestead if her hus- 
band cannot support the family owing to sickness. 
Each of the children of a family may obtain a home- 
stead, if they possess the proper qualifications of age, 
sex, and citizenship. 

Object of the homestead law. The object of the 
homestead law is to provide homes and farms for those 
who have none, and so to increase the wealth of the state 
and the stabiHty of the government. 

There are many small landholders in the Philip- 
pines, but their farms are so small that the owners 
have httle wealth and small prospect of obtaining more. 
The benefits of advanced civilization, such as higher 
education, better houses, clothes, and food, and successful 



POSTAL SAVINGS BANK AND HOMESTEAD LAW 175 

participation in popular government, depend largely on 
wealth. Wealth is the product of land, industry, and 
thrift. In the Philippines most of the wealth comes out 
of the land, and as long as only a few own large farms, 
there will be but few wealthy farmers and a few only will 
enjoy the full advantages of culture and political liberty. 
With a population on the verge of starvation and farmers 
cultivating just enough land to live upon, the many will 
always be the servants of the few. With multitudes of 
prosperous farmers in the Philippines many men will be 
able to devote a share of their time to public affairs, and 
will possess the ambition and sense of responsibility 
that accompany wealth. 

Sacrifices are necessary on the part of those who leave 
the social pleasures of the home village and live in the 
wilderness, turning the lonely public lands into fruitful 
farms and cheerful homes. Unfortunately the " pio- 
neer spirit " is not yet strong in the Philippines, and few 
have been found to make homesteads under the public 
land law. Up to October, 1907, 968 applications for 
homesteads had been allowed, while 2999 were at that 
time still imder consideration. The growth and strength 
of the great new countries of the world, like the United 
States, Canada, and Australia, have been due chiefly 
to the spirit that made the pioneers of these countries 
seek independence and prosperity by their own bravery, 
sacrifice, and toil on the broad and virgin fields of the 
public lands. 

How to obtain a homestead. The first thing to do 
in obtaining a homestead is to find and decide upon 



176 THE PHILIPPINE CITIZEN 

the land one desires to settle upon. There is some 
public agricultural land in every province, but in the 
more thickly populated provinces most of this public 
land is in the mountains and is not well adapted for 
agriculture. In Luzon the provinces of Cagayan, Isa- 
bela, and Nueva Vizcaya have much public agricul- 
tural land. There is also very much public agricultural 
land in Mindoro and Mindanao. Land unclaimed by 
any one, and upon which no one pays a tax, is prob- 
ably public land. One who wishes a homestead should 
make application to the provincial treasurer of his 
province for information about the public lands of the 
province. From the treasurer the necessary application 
blanks may be obtained. 

The applicant for a homestead must pay a fee of 
twenty pesos. At present he may pay ten pesos when 
the application is made and ten pesos when the title is 
granted ; or he may pay four pesos when the applica- 
tion is made and four pesos each year thereafter until 
he has paid the full twenty pesos required by the law. 

Residence and final proof. It is necessary to culti- 
vate a homestead for five years continuously, and to 
reside upon it the last two, in order to perfect the title. 
One may, however, be absent from his homestead for 
periods not exceeding six months at a time, by secur- 
ing permission from the Director of Lands. Such per- 
mission may be granted on account of war, failure of 
crops, sickness, or to allow opportunity to earn money 
to improve the land. 

At the end of five years final proof must be made: 



POSTAL SAVINGS BANK AND HOMESTEAD LAW 177 

that is, you must prove by two men who have no in- 
terest in the land that you have fulfilled all the con- 
ditions imposed by the government. You will then 
receive a document called a patent, or title. The land 
will be surveyed at the expense of the government, and 
you may be absolutely sure that no one can take this 
land from you. A homestead may not be taken even 
for debt, if the debt was made before the patent to the 
homestead was secured. 

Other ways of obtaining public land. There are 
three other ways of obtaining public land, — as a gift, 
by purchase, and by lease. Sixteen hektars of public land 
may be obtained under a free patent, without cost, by a 
Filipino who has lived on public land, without a title, 
from August i, 1898, to the present time. If his ances- 
tors have occupied and cultivated the land for a part of 
this time and he himself for the rest of the time, he is also 
entitled to a free patent. If he and his ancestors lived 
on and cultivated the land from August i, 1895, to Au- 
gust I, 1898, and from July 4, 1902, to July 26, 1904, 
he may get a free patent, even though he did not occupy 
the land between August i, 1898, and July 4, 1902. Ap- 
plication for a free patent must be made to the court 
of land registration through the provincial treasurer. 

Sixteen hektars of the public agricultural lands may 
be purchased from the government in addition to the 
sixteen hektars secured under the homestead law. This 
purchased land must be cultivated, but the cultivation 
may be done by another man than the purchaser. The 
land that one wishes to purchase is offered for sale by 



178 THE PHILIPPINE CITIZEN 

the government to the highest bidder; if your bid is the 
highest, you obtain the land. The lowest price at which 
public land may be sold is ten pesos a hektar. Purchased 
pubHc land must be occupied and cultivated for five 
years in order to obtain a title. 

The payment for public land may be made in a lump 
sum when you receive notice that the land will be sold 
to you, or in five equal annual instalments, or in one sum 
at the end of five years. 

Land to the amount of 1024 hektars may be leased by 
an individual, or by a company. It is not necessary 
to five upon the leased land; one may hire another 
person to live upon and cultivate the land. Leases 
may be made for a period of twenty-five years, and at 
the end of this period the lease may be renewed for an- 
other twenty-five years. For the first twenty-five years 
an annual rental of not less than fifty centavos a hektar 
must be paid. This rent must be paid one year in 
advance. 



CHAPTER XrX 

PUBLIC EDUCATION 

"We have laid the foundation of a primary and industrial 
educational system here which, if the same spirit continues in 
the government, will prove to be the most lasting benefit which 
has been conferred on these Islands by Americans." — William 
Howard Taft 

Education by the state. The Constitution of Massa- 
chusetts, adopted in 1780, is " the oldest written con- 
stitution in the world now in force." This famous 
document strikes the keynote of the American idea of 
public education in these words: 

"Wisdom and knowledge as well as virtue, diffused generally 
among the body of the people, being necessary for the preservation 
of their rights and liberties, and as these depend upon the oppor- 
tunities and advantages of education, — it shall be the duty of 
the legislature and magistrates in all future periods of this com- 
monwealth to cherish the interests of literature and the sciences 
and all the seminaries of them ; especially the University at Cam- 
bridge, pubUc schools, and grammar schools in the towns." 

The constitutions of the other states likewise pro- 
vide that there shall be a general system of public edu- 
cation under the control of the state. This policy 
has been followed by the American government in the 
Philippines. The statement from the Constitution of 
Massachusetts, when analyzed, is seen to imply these 
assertions: 

I. The duty of the state is to preserve the rights and 
liberties of all the people. 

179 



l8o THE PHILIPPINE CITIZEN 

2. To understand and use these rights and liberties 
all people should be educated. 

3. Therefore the state should sustain a complete 
system of public education from the primary school to 
the university. 

Liberty of private education. While it is an Amer- 
ican principle that free general public education is the 
duty of the state, Hberty is left to the family and to 
private bodies of citizens to share in the work of edu- 
cation. Both in the United States and in the Philip- 
pines the government welcomes the educational work 
of private institutions of learning. It does not compel 
those to attend the public schools who desire to attend 
private schools. The state insists only on a minimum 
of education for all, with opportunities, if possible, for 
the higher education of those who can profit by it. The 
function of the state with relation to private institutions 
of learning is to see that the standards of education are 
maintained and that nothing is taught that would en- 
danger the growth and safety of the state. 

In the Philippines, particularly, the government 
encourages private education, because with all its re- 
sources the government is not rich enough to give even 
an elementary education to all. The education of the 
whole people is exceedingly expensive. Many of the 
poor are unable to keep their children for years 
in the schools. The greatest danger to democracy is 
an ignorant populace; for ignorance breeds suspicion, 
folly, and vice; it enslaves the common people with the 
chains of poverty, and makes them the easy prey of the 



PUBLIC EDUCATION i8i 

selfish rich and the unscrupulous politicians. For these 
reasons, and because the education of the masses in 
this country is so deficient, the government spends vast 
sums on free public education, and gives protection and 
encouragement to all worthy private educational insti- 
tutions. 

The Bureau of Education. The organization of the 
school system of the Philippines differs from that of 
the United States in that it is prescribed and admin- 
istered by the central government, while in the United 
States each state plans and carries on its own schools 
in the manner that seems best to it. In the Philippines 
the lack of resources in the provinces makes the support 
of the central government necessary. Therefore the 
public schools of the Islands are placed under the control 
of the Bureau of Education of the insular government. 
This bureau is a part of the Department of Public In- 
struction, and is under the immediate charge of the 
Director of Education, who is the chief of the bureau. 

The Director of Education. The powers of the Director 
of Education are numerous and his responsibilities are 
great. Subject to the approval of the Secretary of 
Public Instruction and the limitations of the Civil 
Service rules, he appoints all the officers and employees 
of the Bureau of Education, except the two assistant 
directors of education. He assigns all insular teachers 
to their stations, determines their salary, makes their 
promotion, and regulates their discipHne. In addition 
he prescribes the various courses of study to be pursued, 
decides upon the adoption of textbooks, subject to the 



i82 THE PHILIPPINE CITIZEN 

approval of the Secretary of Public Instruction, as above 
stated, determines the location and number of the va- 
rious schools, and decides many other questions. There 
is a large body of "school laws," part of which has 
been enacted by the Commission, while much consists of 
administrative regulations issued by authority of the 
Secretary of Public Instruction or the Director of Edu- 
cation. The Director is responsible for the proper 
application of these laws. 

The school divisions. From the central office of the 
Bureau of Education in Manila the work of the school 
divisions is directed. There is one of these school divi- 
sions for each province of the Islands. At the head of 
each is a division superintendent of schools. Within his 
division the superintendent has jurisdiction over the 
public schools of the province and its municipalities. He 
appoints the municipal teachers, fixes their salaries, as- 
signs their stations, makes recommendations to the pro- 
vincial board and municipal councils respecting school 
matters, and executes the orders of the Director of 
Education. 

Besides the provincial school divisions, there are at 
Manila the Philippine Normal School and the Philip- 
pine School of Arts and Trades, directed by superin- 
tendents. These are insular schools, open to students 
from all the provinces. The city of Manila constitutes 
a separate school division. 

Supervising districts. The school divisions are sub- 
divided into supervising districts, of which there were 
450 on January i, 1910. The teachers in charge of these 



PUBLIC EDUCATION 183 

districts are called supervising teachers. They are in 
reality subordinate superintendents who combine super- 
vising work with that of the teacher. 

The schools. The organization of the schools contem- 
plates a complete system of education from the primary 
grades to the University, with its professional courses 
of medicine, law, engineering, etc. The Philippine 
Medical School, the School of Fine Arts, the College of 
Agriculture, and the College of Philosophy, Science, and 
Letters are the only schools of university grade yet 
established by the Philippine Government. 

At present there are about 4100 primary schools. 
These schools are supported by a tax of one fourth of 
one per cent, of the assessed valuation of the lands, and 
improvements thereon, of the municipalities, and by 
certain funds from the internal revenue receipts. The 
superintending force, however, including all Ameri- 
can teachers and a number of Filipino teachers, 
and the textbooks, are at present a charge of the in- 
sular government. The superior wealth of the insular 
government renders possible frequent aid to the munici- 
pal and provincial schools, aid which will be with- 
drawn as soon as the local centers of education become 
sufficiently prosperous to maintain their own schools. 
There is no burden of taxation which more properly 
belongs wholly to a municipality than that for its schools. 
The ambition of every municipality should be to make 
every possible sacrifice both as a municipality and by 
the gifts of private citizens to support its local schools 
from its own funds. About 250 intermediate schools 



1 84 THE PHILIPPINE CITIZEN 

have been established in the larger municipalities for the 
benefit of those who have the leisure and capacity for 
intermediate instruction. Since these schools instruct 
students from several municipalities they receive most 
of their support from the central government. Besides 
the regular intermediate schools there are the following 
special schools : six schools of arts and trades, a school 
of commerce, a normal school, and a school for the deaf 
and blind. 

Modern education is more practical than that of for- 
mer times. The most pressing wants of the Philippines 
are better homes, better methods of cultivation, and the 
extension of the arts and industries. It is a part of the 
duty of education to provide instruction in correct house- 
keeping and to prepare the young for successful self- 
support, as well as to train the literary and artistic 
faculties of the mind and to give instruction in science 
and history. The demands of modern citizenship are 
so great and the life of a modern civilized people is so 
varied and rich in its activities that no single phase 
of education can wisely be allowed to receive more than 
its due share of attention. The schools exist not to 
form all the youth in one mold, but to give to each the 
particular opportunity to develop his own powers in 
the way that will be most useful to himself and to his 
country. 

There are 38 provincial high schools, supported as 
far as possible at the expense of the provinces, since 
these schools are for the use of the children of all the 
municipalities of a province. For instruction in the 



PUBLIC EDUCATION 185 

various schools of the government educational system 
there are at present employed about 700 American and 
9000 Filipino school teachers, while the monthly enroll- 
ment for March, 191 1, was about 450,000. This number 
is little more than one third of the total number of children 
of school age in the Philippines. There remains, there- 
fore, need for the most strenuous effort on the part of 
patriotic citizens to enlarge the opportimities for the 
education of the Philippine youth. 



CHAPTER XX 

THE TRAINING OF THE CITIZEN 

"Fellow countrymen : — No man has given greater proof than 
I of desiring liberties for our country, and I still desire them. But 
I make the training of the people a premise, so that they, hy education 
and labor, may attain a personality of their own and become 
worthy of those liberties. In my writings I have recommended 
study and civic virtues to the people ; without these redemption 
is impossible." — Jose Rizal 

The basis of good citizenship. Many things have 
already been said in this book about the training of the 
citizen. Patriotism, education, intelligence, courage 
in the use of the ballot and in other matters, have claimed 
our attention as means in the making of useful citizens. 
There are some other topics, however, that require the 
consideration of those who aim at the highest citizenship. 

Above all it should not be forgotten that mere instruc- 
tion in the duties of citizenship does not alone make good 
citizens. Aristotle wisely said : 

"Instruction, though it plainly has power to direct and stimu- 
late the generous among the young ... is as plainly powerless 
to turn the mass of men to nobility and goodness." 

Good citizens are simply good men doing their political 
duty. To the influences of the home circle, of religion, 
of examples of patriotic manhood, and of racial and 
national pride, the state must look to furnish the material 
from which citizens are made. 

Granting the existence of noble manhood and woman- 
hood among a people, there are certain directions in 

i86 



THE TRAINING OF THE CITIZEN 187 

which their minds may be turned to develop useful 
citizenship. 

The citizen's part in politics. The good citizen will 
take an active part in the political life of his country. 
Politics should not be left to office seekers and office 
holders. The whole duty of the citizen of a democracy 
is not comprised in obedience to the laws, still less in 
merely finding fault with the laws and the government. 
It is the interest and duty of every citizen to know the 
principles and plans of the political parties of his town, 
province, and country, to learn what he can about can- 
didates for office and office holders, and to inform him- 
self and others by every means about all that relates 
to the political life of his people. 

This is what Rizal meant when he said that " civic 
virtues '' were first necessary before a people could be- 
come worthy of political liberties. Every citizen should 
be thoroughly familiar with the government of his own 
municipality. The council meetings are open to the 
public; the councilor will explain to the people of his 
barrio what the mimicipal government is attempting; 
the monthly receipts and expenditures of the municipality 
are posted for public inspection; complaints may be 
made to the provincial governor if the laws are not justly 
executed. Each citizen, therefore, has every opportunity 
to examine, understand, and criticize the workings of 
his municipal government. There is no law that compels 
him to do this, but if he does not do it he has no right 
to call himself a patriot, or to ask for or expect political 
liberty. There is no liberty without responsibility, 



1 88 THE PHILIPPINE CITIZEN 

and no fulfillment of responsibility without personal 
knowledge and effort. In a democracy officers are 
chosen by the people not to think for the people, but to 
execute the thoughts of the people. The people, there- 
fore, must think about government. They must dis- 
cover the facts for themselves and not believe all the 
politicians say. This is their right and their duty. 

The press. It is less easy to understand and take 
part in the political life of the province and the country 
than in that of the municipality. Most private citizens 
must learn about the politics of the province and the 
Archipelago from the newspapers, and from books. 
The press is a powerful agency of political life in all 
modern countries. It is a useful and at the same time 
a dangerous source of information. It is useful because 
the press furnishes news of the political progress of all 
parts of the country. For those who do not travel and 
do not meet others of wide knowledge the press is the 
only means by which they may form intelligent opinions 
about the larger political life of their country. It not 
only reflects the progress of civilization in one's country 
and the march of important events, but presents the 
opinions and policies of political writers and the govern- 
ment. For these reasons newspapers are invaluable, 
and all citizens should read at least one newspaper. 

On the other hand, so powerful is the press that it is 
often used by politicians and political parties to further 
their selfish ends. Sometimes newspapers are owned 
and pubHshed for the purpose of misleading the people 
instead of instructing them. If possible, the citizen 



THE TRAINING OF THE CITIZEN 189 

should learn what persons and influences are behind a 
newspaper. Then he may read its pages with discern- 
ment. 

It should also be remembered that the writers of 
newspapers are merely men, who often gather their 
news hastily and inaccurately, and form their opinions 
rapidly. The printed page has great authority, espe- 
cially for the young, most of whose early education is 
from books. A book is usually written with care and 
deliberation and the better class of books are written 
under the names of scholarly and responsible men. It 
is not always thus with the newspapers. Most news- 
paper articles are the product of the passing moment, 
are unsigned, and sometimes are valueless, or even harm- 
ful. Yet in a democracy there is no single force so pow- 
erful for instruction in the duties of citizenship as the 
newspaper, nor any more useful aid to good government. 
When read with discrimination the newspaper is an indis- 
pensable element in the training of the citizen. 

The conduct of a deliberative meeting. Any male 
citizen is likely at some time to take part in the delib- 
erations of a pohtical meeting or body. There are cer- 
tain rules of order usually followed in such meetings which 
every citizen of a democracy should understand. A body 
that sits for the purpose of discussing questions and 
reaching decisions by the vote of its members is a de- 
liberative body. It is very necessary to the success of 
such a body that its business be conducted with order, 
clearness, and dispatch. 

Organization of a deliberative body. The first step 



I go 



THE PHILIPPINE CITIZEN 



in the organization of a deliberative body is to call the 
meeting to order. This is done by some one of the per- 
sons who summoned the people to the meeting. Next a 
chairman should be chosen by vote of those present, also 
a clerk, or secretary. These officers may be elected 
temporarily for the first meeting, or until a permanent 
organization is formed. 

Whatever be the nature of the organization formed, 
in subsequent meetings the chairman will call the meet- 
ing to order. Then the secretary will read the " min- 
utes," or records, of the previous meeting. The chair- 
man will say upon the conclusion of the reading of the 
minutes, " Are there any corrections to be made in the 
minutes? " If no one calls attention to any errors in 
the records the chairman will say, " The minutes stand 
approved as read." 

Order of business. The chairman will next call for 
the discussion of any unfinished business that may have 
been left over from the last meeting. If there is no such 
business, the chairman will call for the discussion of new 
business. At this point any member may present any 
matter that is proper for the consideration of the body 
assembled. It is customary for one who desires to speak 
to arise and address the presiding officer of the meeting 
with the words, " Mr. Chairman," or " Mr. President." 
If the chairman considers that the person addressing 

him has the right to speak, he will reply " Mr. ". 

It is the duty of the chairman to decide who has the right 
to speak when several persons claim that right at the 
same time, and it is also the privilege of the chairman to 



THE TRAINING OF THE CITIZEN 191 

determine whether the remarks of a member are appro- 
priate to the subject under discussion. If the chairman 
sees fit, he may say, " The gentleman is out of order," 
in case the speaker is violating any of the rules of order 
accepted by the deliberative body. 

Motions. After a speaker has been recognized by the 
chairman, he may present a " motion " as follows: 
" Mr. Chairman, I move that the following motion (or 
resolution) be adopted." After the motion is stated, 
or read, the chairman inquires whether any member 
wishes to " second " the motion that has been made. 
If so, some one may rise and say, " I second the motion." 
It is now the duty of the chairman to say, " The motion 
is open for discussion. Are there any remarks? " The 
members who desire may then speak in turn for or against 
the motion. 

After all who wish have spoken on the question, or the 
members desire to cut short the discussion, the chairman 
says, " Are you ready for the question? " If replies of 
" Question, question " are made, the chairman says, 
" All who are in favor of this motion will please indicate 
it by raising the right hand." After the hands have been 
raised, and have been counted by the secretary, the chair- 
man says, " All who are opposed to this motion will indi- 
cate it by the same sign." After the opponents of the 
motion have been counted the chairman announces the 
result by the words, " The motion is carried," or " The 
motion is lost." Sometimes motions are decided by a 
viva voce vote. In such case the chairman calls for the 
ayes and nays. A decision may also be reached by a 



192 THE PHILIPPINE CITIZEN 

standing vote. If desired, a question may be decided 
by balloting; in this case the chairman usually appoints 
some persons as tellers, that is, men who count the ballots. 

A full knowledge of parHamentary rules can be ob- 
tained only from special works upon this subject. Mu- 
nicipal councils, provincial boards, and the Philippine 
Assembly have the authority to adopt their own rules 
of procedure, but the rules of all deliberative bodies 
must include some such definite methods of conducting 
business as the above. 

The Bill of Rights. Nothing is more important in the 
training of the citizen than a proper comprehension by 
him of the meaning of the statements of the " Bill of 
Rights." By this term in the Philippines is meant Sec- 
tion 5 of the Philippine Act, approved July i, 1902, which 
defines the rights of citizens of the Philippines. There 
never was a more important law passed for the Philip- 
pine Islands than this. At a stroke of the pen it gave 
Filipinos rights which they had been fighting in vain for 
hundreds of years to obtain from Spain. Most of the 
statements of this section have been explained earlier 
in this book. The entire section is given below for 
detailed study. 

"That no law shall be enacted in said islands which shall deprive 
any person of life, liberty or property without due process of law, 
or deny to any person therein the equal protection of the laws. 

" That in all criminal prosecutions the accused shall enjoy the 
right to be heard by himself and counsel, to demand the nature 
and cause of the accusation against him, to have a speedy and 
public trial, to meet the witnesses face to face, and to have com- 
pulsory process to compel the attendance of witnesses in his behalf. 



THE TRAINING OF THE CITIZEN 193 

" That no person shall be held to answer for a criminal offence 
without due process of law; and no person for the same offence 
shall be twice put in jeopardy of punishment, nor shall be com- 
pelled in any criminal case to be a witness against himself. 

" That all persons shall before conviction be bailable by sufficient 
securities, except for capital offences. 

"That no law impairing the obligation of contracts shall be 
enacted. 

" That no person shall be imprisoned for debt. 

" That the privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebelUon, insurrection, or invasion 
the pubHc safety may require it, in either of which events the same 
may be suspended by the President or by the Governor, with 
the approval of the Philippine Commission, whenever during such 
period the necessity for such suspension shall exist. 

"That no ex post facto law or bill of attainder shall be enacted. 

" That no law granting a title of nobiUty shall be enacted, and 
no person holding any office of profit or trust in said islands shall, 
without the consent of the Congress of the United States, accept 
any present, emolument, office, or title of any kind whatever from 
any king, queen, prince, or foreign state. 

"That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. 

"That the right to be secure against unreasonable searches and 
seizures shall not be violated. 

"That neither slavery, nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly 
convicted, shall exist in said islands. 

" That no law shall be passed abridging the freedom of speech 
or of the press, or the right of the people peaceably to assemble 
and petition the government for redress of grievances. 

"That no law shall be made respecting an establishment of 
religion or prohibiting the free exercise thereof, and that the free 
exercise and enjoyment of reUgious profession and worship, with- 
out discrimination or preference, shall forever be allowed. 



194 THE PHILIPPINE CITIZEN 

" That no money shall be paid out of the treasury except in pur- 
suance of an appropriation by law. 

" That the rule of taxation in said islands shall be uniform. 

" That no private or local bill which may be enacted into law 
shall embrace more than one subject, and that subject shall be 
expressed in the title of the bill. 

"That no warrant shall issue except upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the 
place to be searched and the person or things to be seized. 

" That all money collected on any tax levied or assessed for a 
special purpose shall be treated as a special fund in the treasury 
and paid out for such purpose only." 

This list of civil rights includes all the personal rights 
enjoyed by citizens of the United States in their own 
country, except the right to bear arms and the right to 
trial by jury. It is the opinion of many American pub- 
licists that the unrestricted right to bear arms is an evil 
in the United States. This right is restricted in the 
Philippines because it is believed that the security of the 
people as a whole is thus best ensured. 

Trial by jury is subject to many dangers of the mis- 
carriage of justice and can be safely adopted in the 
Philippines only when a very high standard of intelli- 
gence, courage, and self-restraint has been reached by 
the masses of the people. 

Oath of the Athenian Ephebi. In concluding this 
work the author knows of no better vow to suggest 
to Philippine citizens as a patriot's resolve than the oath, 
called the Sacred Oath, taken thousands of years ago 
in Athens by the ephebi. " Ephebus " was a term ap- 
plied to young men who during the years from eighteen 



THE TRAINING OF THE CITIZEN 195 

to twenty were drilled in the duties of defending the 
Athenian state and prepared to understand and per- 
form the duties of citizenship. 

THE OATH OF THE -^EHEM 

"I WILL NEVER DISGRACE THESE SACRED ARMS, NOR DESERT 
MY COMPANIONS IN THE RANKS. I WILL FIGHT FOR TEMPLES 
AND PUBLIC PROPERTY, BOTH ALONE AND WITH MANY. I WILL 
TRANSMIT MY FATHERLAND, NOT ONLY NOT LESS, BUT GREATER 
AND BETTER THAN IT WAS TRANSMITTED TO ME. I WILL OBEY 
THE MAGISTRATES WHO MAY AT ANY TIME BE IN POWER. I WILL 
OBSERVE BOTH THE EXISTING LAWS AND THOSE WHICH THE PEO- 
PLE MAY HEREAFTER UNANIMOUSLY MAKE, AND IF ANY PERSON 
SEEK TO ANNUL THE LAWS, OR TO SET THEM AT NOUGHT, I WILL 
DO MY BEST TO PREVENT HIM, AND WILL DEFEND THEM BOTH ALONE 
AND WITH MANY. I WILL HONOR THE RELIGION OF MY FATHERS." 



APPENDIX TO THE FIFTH EDITION 

The initiative and the referendum. The initiative 
is a plan by which the people themselves propose laws 
and cause them to be submitted to the voters for their 
approval. This is an attempt to return to pure democ- 
racy. In the state of Oregon, for example, it is provided 
that eight per cent of the voters may by petition pro- 
pose an amendment to the Constitution. When so pro- 
posed it must be acted on by the voters of the state. 
Ordinary laws may also in Oregon be proposed and 
adopted by the people. Moreover, upon the petition of 
five per cent of the voters, any act of the legislature, 
with some exceptions, must be submitted to the people 
for their approval, without which it cannot go into effect. 

This last privilege is called the referendicm^ that is, the 
privilege of approval or rejection by the people of the 
laws enacted by the legislature. The referendum has 
been long used in the United States, but only in excep- 
tional matters. Its use is now spreading rapidly. 
Usually the proportion required for the initiation of a 
proposed law is eight per cent of the registered vote. 

The merit of the initiative is that it enables the people 
to cause the enactment of legislation which they wish 
when, as often happens, their legislators neglect to pass 
such legislation. 

The referendum serves to correct the mistakes and 
prevent the corrupt acts of legislatures. It also increases 
the interest of the voters in public affairs, and adds to 
their information as to the conduct of the government. 

196 



INDEX 



Act, Philippine, 61. 

Afghanistan, 17. 

Africa, 17. 

Alcaldes, 48. 

Anarchists, 29. 

Appeals, 147. 

Appropriations, 62. 

Aristocracy, 15. 

Arrest, 72, 142. 

Assembly, Philippine, 61, 67- 

81, 104. 
Attorney-General, 84, 95. 
Audiencia, 48. 
Averages, Law of, 24. 

Ballot, Australian, 105. 

Ballot, official, 105. 

Ballot, purity of, 109. 

Bill of tights, 192. 

Bills, passage of, 66. 

Biological Laboratory, 90. 

Bonded officers, 128. 

Bureau of Agriculture, 84, 91. 

Bureau of Audits, 95. 

Bureau of Civil Service, 87. 

Bureau of Coast and Geo- 
detic Survey, 84, 95. 

Bureau of Constabulary, 84, 
92. 

Bureau of Customs, 84, 96. 

Bureau of Education, 84, 172, 
181. 

Bureau of Forestry, 84, 91. 

Bureau of Health, 88. 

Bureau of Insular Affairs, 43. 

Bureau of Internal Revenue, 
84, 97. 

Bureau of Justice, 84, 95. 

Bureau of Labor, 84, 98. 

Bureau of Lands, 84, 89. 

Bureau of Navigation, 84, 90, 
94. 

Bureau of Posts, 84, 94. 

Bureau, of Printing, 84, 98. 

Bureau of Prisons, 84, 97. 

Bureau of Public Works, 84, 
93. 

Bureau of Quarantine Ser- 
vice. 84, 92. 



Bureau of Science, 84, 90. 
Bureau of Supply, 84, 97. 
Bureau of Treasury, 84, 97. 
Bureau, Weather, 84, 92. 

Cabinet, 42. 

Canvass of elections, 107. 

Cedula tax, 162. j 

Census, 67. 

Chiefs, of bureaus, 87. 

Citizens of the Philippines, 11. 

Citizenship, 10, 186. 

Civil Action, 149. 

Civil Governor, 60. 

Civil Rights, 19, 32. 

Clan, 2. 

Codes, 142. 

Colonies, 16. 

Commerce, Department of, 83, 

86. 
Commission, Philippine, 51, 54 

55, 56, 60, 63-67. 
Commissioners, Philippine, 59. 
Commissioners to United 

States, 71. 
Committees, 66, 77. 
Communists, 29. 
Compensation of delegates, 

72 
Congress, 39, 40, 41, 66. 
Constitution, 15, 38, 40. 
Corrupt practices, 108. 
Cortes, 75. 

Council, municipal, 134-139. 
County, 44. 

Courts, Philippine, 152-159. 
Courts, United States, 41. 
Currency, 97. 

Delegates to Assembly, 68-70, 

72-75, 79. 
Deliberative bodies, 189. 
Democracy, 15, 16, 19, 58. 
Departments, executive, 83. 
Departments of government, 

30. 
Director of Education, 181. 
Disqualifications for office 

holding, 103. 



197 



198 



INDEX 



Disqualifications for voting, 

101. 
District auditors, 96. 
District engineers, 93. 
Division of Mines, 90. 
Division of Translation, 87. 

Education, 179-185. 
Elections, 67, 68, 99, 103, 106, 

107. 
Elector's Oath, 99. 
Eminent domain, 150. 
Encomienda, 48. 
Equalizing Board, 164. 
Ethnology, division of, 90. 
Executive Bureau, 87. 
Executive departments, 83. 
Export taxes, 165. 
Ex post facto law, 150. 
Extradition, 150. 

Family, 2. 
Felony, 141. 

Finance and Justice, Depart- 
ment of, 83, 86. 
Fiscal, provincial, 117. 
Forbes, W. Cameron, 59, 60. 

Gazette, Official, 67. 
Gobernadorcillo, 49. 
Government, 1, 4, 9, 16, 19, 

25, 29-47, 50. 
Governor-General, 59, 60, 82, 

84. 
Governor, provincial, 115. 

Habeas corpus, 150. 
Homesteads, 174. 

Ide, Henry C, 59. 
Import taxes, 165. 
Indirect taxes, 165. 
Initiative, 196. 
Inspectors of elections, 106. 
Insular auditor, 87, 96. 
Insular treasurer, 87, 97. 
Interior, Department of, 83. 
Internal revenue, 166. 
Iwahig, 97. 



Japan, 7. 

Jury trial, 194. 

Justice, 31. 

Justices of the peace, 152. 

Land assessment, 164. 
Land registration, court of, 159. 
Land tax, 163. 

Law, 52, 66, 84, 140-151, 174. 
Legarda, Benito, 59. 
Legislation, 64. 
Legislature, 30, 61, 70. 
Liberty, 6, 18, 33. 
Luzuriaga, Jose R. de, 59. 

Mabini, 13, 33. 

McKinley, 51, 56. 

Majority, 22. 

Manila, City of, 132. 

Mexico, 47. 

Military Government, the, 50, 

51. 
Minority, 23. 
Misdemeanor, 141. 
Monaco, 17. 
Monarchy, 14. 
Moros, 86, 122. 
Moses, Bernard, 59. 
Municipalities, 104, 12&-139. 

Nation, 2. 

New England, 16, 44. 
Non-Christian provinces, 63, 
118. 

Oath of office, 128. 
Oath of the Ephebi, 194. 
Official Gazette, 67. 
Orders, administrative, 85. 
Osmena, Sergio, 77. 

Pardons, 147. 
Parents, rights of, 7, 10. 
Paris, Treaty of, 49. 
Parties, political, 45, 46, 74. 
Patriotism, 12. 
Penal colonies, 148. 
Penn, William, 99. 
Philippine Act, 61. 



INDEX 



199 



Philippine Commission, 51, 54, 
55, 56, 60, 63-67. 

Plurality, 104. 

Police, 93, 143. 

Police, Department of Com- 
merce and, 83, 86. 

Political rights, 20, 32. 

Polling places, 104. 

Postal Savings Bank, 171. 

President, United States, 42. 

Presidents, municipal, 104, 128, 
135. 

Press, the, 188, 193. 

Primaries, 46. 

Procedure, 142. 

Property, 37. 

Province, Moro, 111, 122. 

Provinces, 111. 

Provincial boards, 113. 

Provincial government act, 
special, 117. 

Provincial officers, 112, 113, 
115-117. 

Public Instruction, depart- 
ment of, 83. 

Public lands, 173. 

Public works, 34. 

Punishment of crime, 148. 

Qualifications for popular gov- 
ernment, 25. 

Qualifications of elective offi- 
cers, 102. 

Qualifications of electors, 99. 

Rancherias, 120. 
Records, division of, 87. 
Referendum, 196. 
Regulative principles, 54. 
Representatives, 73. 
Representatives, House of, 39. 
Republic, 38. 
Resolutions, 65. 
Revolution, 9, 10. 
Rights, bill of, 192. 
Rights, civil, 19, 32. 
Rights, personal, 20. 
Rights, political, 20, 32. 
Road law, 168. 



Roosevelt, Theodore, 81. 
Rules of Order, 191. 

Salaries, municipal, 132, 156. 

Sanitarium, 89. 

Savings, 171. 

Schools, 183. 

Schurman, Jacob Gould, 54. 

Secretaries, municipal, 131. 

Secretaries, of departments, 

84. 
Secretary of War, 43. 
Senate, 39. 

Sessions of Legislature, 70. 
Shuster, W. Morgan, 59. 
Smith, James F., 59, 78, 169. 
Society, 1, 8. 
Spain, 47-49. 
Speaker, 77. 

Spooner amendment, 58. 
State, 3, 43. 

States, independent, 17. 
Statesmanship, 74. 
Suffrage, 20, 21, 99. 
Supreme Court, Philippine, 

157. 
Supreme Court, United States, 

41. 

Taft, William H., 51, 54, 76. 
Tavera, T. H. Pardo de, 59. 
Taxation, 36, 138, 160-170. 
Third members, 116. 
Towns, 44. 
Townships, 119. 
Treasurers, municipal, 116, 131. 
Trial, criminal, 144. 
Tribe, 2. 

Vacancies, 104. 
Vice-presidents, municipal, 102. 

130. 
Voting, 101, 106. 

Warrants, 143. 
Weather bureau, 84, 92. 
Women, rights of, 19, 21. 
Worcester, Dean C, 59, 60. 
Wright, Luke E., 59. 



THE NOVELS OF JOSE RIZAL 

The only complete translations into English 
of Rizal's two great novels, made by Charles 
Derbyshire. 

THE SOCIAL CANCER {Noli Me Tangere) 
THE REIGN OF GREED {El Filibuster ismo) 



These two novels present a graphic 
picture of Philippine life during the 
last period of the Spanish regime. 
With photographic fidelity, relieved 
by broad human sympathy and de- 
lightful humor, the author depicts 
Spanish and Filipino character, the 
everyday life of all classes of people, 
and the social and political conditions 
of the time. 

For prices, address the publishers 



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