in any particular case, order a duplicate record in the English language also to be made and enrolled whenever the court should determine that such duplicate record would promote the public convenience and interests of the parties. This section contains, likewise, the following proviso, which removes most of the practical difficulties that had been presented to the commission in the course of public discussion:

Provided, That any party or his counsel may examine or crossexamine witnesses or make an oral argument in English or a native dialect, and the same shall be clearly interpreted into Spanish by a court interpreter; and a party or his counsel may submit a written or printed pleading or brief in English or a native dialect, if at the same time he accompanies it by a correct Spanish translation: And provided further, That in cases in which all the parties or counsel stipulate in writing, and the court consents, the proceedings may be conducted in English or a native dialect only, but in such cases the record of the pleadings, bills of exceptions, and judgments shall be made in Spanish as well as the English language in which the cause was conducted.

The main reasons which led the commission to adopt Spanish as the official language of the courts for a period of five years were as follows: All Filipino lawyers, who belong to a class very influential in this community, as well as in all others, speak the Spanish language. Very few of them understand the English language. They would be placed at a great disadvantage and be practically deprived of their means of livelihood if English were made immediately the official court language. Not only would a great hardship be thus inflicted upon them, but many of them would be alienated from the loyal support which they had largely given to the American Government. All the existing records, titles, deeds and public documents, and evidences of private rights are in the Spanish language; none of them are in the English language.

The immediate imposition of a new language upon a people by the strong hand of the law is calculated to excite a deep resentment and one far more disastrous in its effect than any advantages which might accrue from such a course. It is easier for American lawyers here, surrounded by an atmosphere of Spanish-speaking people, to acquire the Spanish language than it is for the Filipinos among their own people to acquire the English language, although the Filipinos are displaying great avidity in gaining that accomplishment. While it is true that the great mass of the Filipino people are unable to speak the Spanish language, it is equally true that substantially all the literature of the islands is in the Spanish language and that all the educated, cultivated people of the islands speak and read it. In every community of civilized Filipinos more or less people are to be found who speak the Spanish language, and through them the medium of communication to the rest of the community is open. A probationary period of five years would enable the Filipinos to equip themselves in

a knowledge of English, so that at the expiration of that time they would not be subjected to the hardship that would come from the immediate imposition of an alien language. It is estimated that perhaps not more than one-half million Filipinos speak the Spanish language, but it is doubtless true that not 10,000 inhabitants of the islands outside of the American army speak the English language. The half million ought not immediately to be compelled to change their language to that of the 10,000. The Commissioners are unanimous in the opinion that this important question was rightly determined in the conclusion expressed in section 12.

The sections relating to the important subject of habeas corpus were enacted in obedience to explicit directions contained in our instructions from the President of the United States. No objections to these provisions were made at any public hearing or otherwise by military authorities or by civilians.

It is unnecessary to set forth in detail the other important subjects dealt with in the Code of Procedure. But it may be useful briefly to point out some of the most important provisions involving radical departures from the Spanish procedure and in some respects from the procedure in effect in many of the American States. Challenging of judges and other court officials is abrogated. Civil liability of judges and justices of the peace for error in their judicial determinations is done away with. The sittings and proceedings of every court of justice are made public except when testimony is of an indecent character such as to require the exclusion of the public in the interest of morality. Adequate provision is made for the admission of members of the bar upon proper determination of their qualification.

While the conditions here are for the present unsuited to the introduction of the Anglo-Saxon system of jury trials, provision is made for the selection of assessors from the residents of the municipality or province best fitted by education, natural ability and reputation for probity to assist in the trial of actions and to advise the judge in his determination, and securing the right of review of the facts by a higher court in case the assessors shall certify that in their opinion the finding of facts and the judgment are wrong. The provisions for assessors apply in courts of justices of the peace as well as in the courts of first instance. This system is one that was adopted under the treaty of Berlin for use in Samoa under the protectorate, and has long been usefully employed in British and German colonial possessions. The employment of assessors is useful not merely as an aid to the judge but also as giving a greater safeguard to the parties, and as a means of education for the people.

Pleadings have been greatly simplified and are confined, on the part of the plaintiff, to the complaint and the demurrer to the answer; and on the part of the defendant to the demurrer to the complaint and to

the answer. Ample provisions are made for amendments of all pleadings at any stage of the litigation, with or without terms, as may be deemed just. The pleadings and proceedings are more analogous to those in a court of equity in the United States than to those in a court of law where jury trials are invoked. Trials in the courts of first instance are before the judge with or without assessors, as the parties may demand.

No appeal can be taken from the court of first instance to the supreme court, except by bill of exception, and then only after final judgment disposing of the action in the court of first instance. This provision puts an end to the infinite series of interlocutory appeals that have heretofore delayed justice in these islands. Provision is made for attachments and arrests of the bodies of defendants in proper cases, and for the granting of injunctions, the latter a remedy which did not. before exist here. Other actions seeking exceptional remedies, such as the appointment of receivers, partition of real estate, the recovery of an office or franchise usurped, certiorari proceedings, mandamus, prohibition, punishment for contempt, exercise of the right of eminent domain, foreclosure of mortgages, and manual delivery of personal property, are all provided for, largely upon the lines of such proceedings in America, with necessary modifications to suit them to conditions. here.

The rules of evidence and the methods of taking affidavits and depositions and the perpetuation of testimony are provided for in detail, as are also the methods of enforcing the attendance of witnesses and the issuing and service of all process, preliminary, mesne and final. Under the existing Spanish procedure the defeated party is visited with not only the ordinary costs of court, but the fees of lawyers of the successful party. Under this provision very great abuses have occurred, and enormous fees have been taxed and allowed as costs against the defeated party, which the lawyer would have never ventured to charge against his client if his client had them to pay. This evil has been corrected. Costs are restricted in taxation to specified items after the analogous provisions in that respect in force in the Federal courts of the United States. Under the Spanish procedure the supreme court was constantly occupied with hearing petty appeals on minor interlocutory matters and with reviewing the facts, judgments, and sentences in practically every criminal case without regard to the question of whether any appeal had been prayed for by either party, and irrespective of the fact that in criminal proceedings the defendant had admitted his guilt in open court. All this is done away with in the code by provisions that the hearings in the supreme court shall be confined to matters of law, with certain important exceptions therein specified, so that no case, civil or criminal, reaches the supreme court until after its final determination in the court below, and then not

unless one party or the other has filed a bill of exceptions or other document entitling the party to a hearing in the supreme court, except in capital cases, in which a review of the facts by the supreme court is provided for in all cases. The supreme court is prohibited from reversing any judgment on formal or technical grounds or for such error as has not prejudiced the real rights of the excepting party. The foregoing remarks relate mainly to proceedings in actions.

The code likewise provides for special proceedings, such as habeas corpus, appointment and removal of guardians, trustees, administrators, executors, the administration of estates of all kinds, and the adoption and custody of minors. No bankruptcy provisions are provided for, in view of the fact that Congressional legislation may soon extend the provisions of the national bankruptcy act of the United States to these islands in some modified form. The fees of all officers connected with courts are provided for in detail, and are not excessive. Forty-three forms have been incorporated into the code, which are made exceedingly simple and free from technicality, not only for the purpose of preventing the record from being encumbered with antique and voluminous Spanish forms, but also for showing to the Filipinos a far more concise and better method of stating their pleadings and processes.

The entire subject of fees collected by officials has been an embar rassing one. Experience has shown that it has been very difficult here to prevent the extortion of unreasonable and unlawful sums by all officers compensated by fees. After full consideration it has been deemed advisable to pay salaries in lieu of fees to all provincial fiscals, clerks of courts and their assistants, and all other employees pertaining to the administration of justice. All fees charged inure to the benefit of the Government, and a rigid system of accounting to secure the payment of such fees to the proper person has been provided.

The adoption of the new code has been awaited with great anxiety by judges and lawyers and that portion of the public interested in litigation. It is confidently anticipated that it will facilitate the administration of justice to a marked degree and diminish the delay and expense which have heretofore attended all legal proceedings.

CRIMINAL CODE.

The preparation of a new criminal code has been intrusted to Commissioner Wright, and the first draft has already been prepared and is ready for the action of the commission as soon as it is possible to reach it. The criminal code, unlike the code of civil procedure, is based largely upon the existing Spanish system and only makes such changes as are deemed necessary to fit it to modern views of criminal law and to the new political relations of the people of the islands.

CODE OF CRIMINAL PROCEDURE.

The preparation of a new code of criminal procedure was likewise intrusted to Commissioner Wright, and the work has already been put into form and will be taken up by the commission as soon as practicable. But General Orders, No. 58, issued by the military governor on April 23, 1900, contains the outline of a code of criminal procedure, greatly simplifying the original Spanish procedure and furnishing much-needed relief temporarily, so that the work of perfecting the new code of criminal procedure is not of such pressing necessity as otherwise would be the case.

CIVIL CODE.

The Spanish laws governing business transactions as set forth in the Spanish commercial code, civil code, and mortgage law are still in force, speaking in general terms, except so far as they have been modified by legislation. It is the intention of the commission, as soon as practicable, to make a complete revision thereof into a single civil code, but without changing the fundamental principles of the civil law which here prevail. This we understand to be in accordance with the spirit of the instructions given to us by the President.

REGISTRATION OF LAND TITLES.

By virtue of section 9 of act No. 133, enacted May 22, 1901, provincial treasurers appointed under the provincial government act are required to perform the duty of registrar of property for each province pending the appointment of a regular registrar for the province, under a new system of land registration, and it is made the duty of such registrar to take possession of all books and papers relating to the office of registrar of property, to make an orderly arrangement thereof, and to make diligent search for such books and papers belonging to the office as are not found therein. This enactment still left those provinces in which provincial government had not been organized unprovided with an official authorized to perform the duties of registrar of property. Accordingly, by act No. 193, enacted August 10, 1901, the fiscal or prosecuting officer of any province in which civil government has not been organized, whether such fiscal was temporarily or permanently appointed, is authorized to perform the duties of registrar of property for the province, pending the appointment of a registrar under a new system of land registration, and his duties in that respect were made as above stated. The temporary registrars thus provided for will perform their duties in accordance with the existing Spanish law for the registration of land titles, every part of the archipelago being thus provisionally supplied with a means of registration of titles. In the opinion of the commission a new and complete system of investigation