MUNICIPAL COURTS.

The work of the municipal courts during the past fiscal year has been excellent It shows a great improvement over any other year. This improvement is due to the thorough system of reports which has been put in force in the municipal courts and to the careful supervision of the work of the courts, and to improving personnel, due to increased length of service, resignations, new appointments, and promotions. The municipal court officials were all elective under the law as it existed until the passage of the new organic act. At the last election for municipal judges in November, 1912, there were 34 municipal judges elected. Of this number 16 are still serving in the same places, the others having died, resigned, or having been promoted or removed. The result has been that in a large measure the best of the elected judges have been retained and that appointive judges have taken the place of those elective judges who have dropped out. Moreover, all of the judges have known that promotion was in store for those who showed the best qualifications for the judiciary. Another contributing factor was the greater term of office which many of them had served. The work of the municipal courts can be seen in detail in Table No. 11. This table shows a total of 36,336 cases presented during the fiscal year, with 36,539 cases disposed of, and a reduction in the number of cases pending to 355, or less than 1 per cent of the total number of cases disposed of. The ratio of convictions to the total number of cases disposed of was 71.27 per cent. The total amount of fines collected was $57,601.38.

JUSTICE OF THE PEACE COURTS.

The organization and work of the justice of the peace courts for the last fiscal year show little change from the preceding year, and require no comment further than that contained in last year's report. The detailed statistics of the courts will be found in Tables 14 and 16.

REGISTRARS OF PROPERTY.

The reports of the registrars of property show a decided improvement in the dispatch of documents over the preceding fiscal year. There were only 119 documents pending on June 30, 1917, compared with 519 on June 30, 1916. There were 10,952 documents registered during the year and the fees collected were $87,845.80, compared with 11,136 documents and $88,574.20 in fees collected for the fiscal year 1915-16.

WORK OF THE OFFICE OF THE ATTORNEY GENERAL.

OPINIONS.

During the fiscal year the attorney general rendered 149 official opinions to the governor, the heads of departments, and the officials of the department of justice, compared with 155 for the preceding year. In addition to the foregoing 71 opinions were rendered in regard to titles for the department of education and for the irrigation system, and many indemnity bonds were examined, drafted, and approved.

LITIGATION.

This office has had direct charge of many important civil cases during the last fiscal year. Many of these cases will be discussed hereafter. Fifty-one civil cases were finally disposed of. These cases are set forth in detail with the results in each case in Table 20, attached to this report. This number does not include motions in receivership and bankruptcy proceedings for the recovery of taxes, although many of these cases required considerable study. At the close of the year there were 35 civil cases still pending in the courts in which The People of Porto Rico was a party. Most of these cases have been active and are pursuing as rapid a pace as their nature permits. These cases are set forth in detail, with their present status, in Table 21 of this report.

RECOMMENDATIONS ON APPLICATIONS FOR PARDONS AND PAROLES.

The attorney general made recommendations to the governor upon 228 applications for executive clemency during the last fiscal year, and there were 14 cases pending consideration at the close of the fiscal year. Acting in accordance with recommendations from the attorney general the governor granted 2 full pardons, 50 conditional pardons, 28 paroles, 3 commutations of sentence, 2 restorations of civil rights, and remitted 2 fines. A list of the cases in which the attorney general recommended executive clemency is contained in Table 19.

REPORT OF THE GOVERNOR OF PORTO RICO.

MILITARY REGISTRATION.

In accordance with the request of the governor, the attorney general acted as a member and chairman of the military registration committee, with the treasurer, the executive secretary, and the supervisor of elections. This commission had general supervision of the work of military registration provided for by the act of Congress approved May 18, 1917. This commission continued its work until after the registration on July 5, 1917, but ceased in its functions upon the appointment of Mr. John A. Wilson as adjutant general of Porto Rico. Mr. Wilson had been the secretary and executive officer of the commission. The commission prepared the plans for registration and assisted in the general work of carrying out those plans. The system provided for in the States had to be considerably modified for Porto Rico, inasmuch as Porto Rico does not have the county system of local government, and inasmuch as the local election machinery could not be conveniently used because of the close proximity of the general election, which was held on July 16, 1917, and the consequent possibilities of confusion. It was also necessary to translate and print all of the laws, regulations, and forms for Porto Rico. This work is mentioned in my report for the department of justice, because it occupied a large amount of time and involved much labor on the part of many officials of the department of justice. The district fiscals were designated as the responsible agents in each district, charged with the recommendation of names of the members of the local boards for the military registration and with the supervision of the selection of registration places, and the carrying out of the work. Many municipal judges and other court officials acted as officers of the local boards. These officials all rendered the most enthusiastic and patriotic service, incurring very few expenses for this work. The usual work of many courts and of the district fiscals had to be suspended during the last week of June and during certain other periods. This prevented some of the courts from showing as fine a record in closing up their fiscal year as they would otherwise have shown, as this period is always one of unusual activity in all the courts. Nevertheless the work of the courts and of the fiscals was better than ever before. There were only 17 cases pending in the offices of the seven district fiscals at the close of the year, compared with 2,315 complaints disposed of. The work of military registration will doubtless be reported upon more fully by other officials. But not only the attorney general but every fiscal and every other official or employee of the department of justice was glad to be associated with the work and with the various persons who assisted in it, and this department wishes to express its thanks to the governor and to all of the persons associated in the work, and especially to Mr. John A. Wilson, who carried out the general administration of the work.

JUVENILE COURTS.

This is the third annual report to the governor submitted in regard to juvenile courts since the establishment of the system by the act of the legislative assembly approved March 11, 1915. The law went into effect on July 1, 1915, and has now been in force for two years. In my first report I summarized the procedure provided for by the law, and my report of last year consisted of a more general and detailed description of its operation. Now, at the end of the second year it is possible to base certain opinions and generalizations upon the data in my possession which is of interest to all persons concerned in social legislation.

The results of the juvenile court act are most satisfactory. It has met with praise in all parts of the island, and is successfully coping with the problems of juvenile trials. Its operation will undoubtedly result in a substantial decrease in more serious adult crimes during the years to come. the first few months of its operation. The officials have not only profited by their The results have been much better than during experience, but have become imbued with the purposes and ideals of the law, and have devised ways and means and a general system for its more adequate enforceBecause the interest of the general public has been awakened, the juvenile courts have been furnished with assistance from private individuals.

ment.

In accordance with the requirements of the law the attorney general furnished a detailed report of the operations of the juvenile court act to the legislative assembly at the last regular session. This report covered the 12 months from January 1, 1916, to December 31, 1916. During this period 351 children came before the juvenile courts of Porto Rico, and of these only 20 were pending hearings on January 1, 1917. In other words, 331 cases of delinquent and abandoned children were heard and disposed of during 1916. Because the law applies only to children under 16 years of age, and it was difficult in a number of cases for the judge to determine the correct age due to the lack of birth records, a number of cases which were brought before the juvenile courts were dismissed to be presented before the municipal or district

courts in criminal proceedings if the boys were proved to be over 16 years of age Of the number brought before the court, however, by far the larger proportion were from 12 to 15 years of age.

In the cases coming before the court during 1916 nearly one-half of the children were illegitimate, and not more than one-half ever attended school. Only a small proportion of those who attended school had passed beyond the third grade. The greater majority were most inadequately cared for, only 52 of them living with both parents. In 24 cases the children were absolutely homeless, and in 37 they lived with their friends, there being no parents or relatives able or willing to care for them. As wage earners the children brought before the court were of slight economic importance, 83 of them were actually attending school, between 20 and 30 were reported as being in household service, and some were bootblacks, clerks, and unskilled laborers. The greater majority of them, however, had no occupation. In 152 cases the father was reported dead or unknown, and in only 96 cases did the boy live with his father. The daily wages of the fathers of these children, in the cases in which wages were reported, averaged between 40 and 75 cents, and in 26 cases the fathers were reported as having criminal records, and were practically illiterates. The mothers of 192 children were living, and the greater majority of those were engaged in household duties. Only 4 were reported with criminal records, but practically none of them could read or write. The home conditions of the children at the time they were brought before the court are characterized by the one word “poverty,” and in only 26 cases were conditions reported as being regular or comfortable. It is interesting to note that not more than a dozen children with reasonable adult guidance and living in comfortable circumstances were brought before the courts.

Under the juvenile court act the district court is made a juvenile court, and the judges of the district courts and all of the officials and employees serve as judges, officials, and employees of the juvenile court. The seven fiscals or prosecuting attorneys of the district courts and the 34 judges of the municipal courts are ex officio probation officers. Although the law provides that all delinquent, dependent, and neglected children may be brought before the juvenile court upon petition of the parents, relatives, or a private person, more than half of these children were brought before the juvenile courts by the insular police. Only an insignificant number were brought in upon the petition of parents, relatives, or other private persons. The larger part of the charges before the court were for petty larceny. The number of thefts of small sums of money was very large, and in the majority of cases even the most inexpensive of articles after they were stolen were offered for sale, showing that the object of the sale was to obtain money. Assault, battery, and breach of the peace; peace cases vary from ordinary fist fights between boys and disturbances that might be attributed to childish irresponsibility to serious attacks on other persons and other people with stones and even knives. In 57 cases brought before the courts it was found absolutely necessary to place the children in the reform school. Only a small number were placed in the charity school, because this institution is filled.

The procedure employed by the juvenile courts by necessity is very simple. The hearings are held by the judge sitting in chambers in an informal manner. Its purpose in the first place, of course, is to ascertain whether or not his circumstances are such as to prove the child to be abandoned. The child may be represented by a lawyer and the hearings may be public, but generally they are private. In only one case during 1916 was a jury trial demanded. In many cases the courts appointed lawyers to represent the children, and in all cases they are properly represented by the probation officer, who acts in the capacity of a friend of the child. The child in no case was taken from the custody of his natural guardian when the circumstances of such persons indicated that they would be able to properly care for and control the child. The judge usually assumes control over the future disposition of the child, and directs the actions of the guardians with regard to the care and conduct of the child. Regular reports are required to be rendered by persons under whose charge children are placed. After the original determination of the case the judge always keeps in touch with the progress of each child under his jurisdiction by a system of regular reports rendered monthly under the jurisdiction of the juvenile courts. Pardons may be granted by application made directly to the judge who has full authority to release any child. There is now under consideration a more effective development of a system of subsequent reports, or some method of keeping the juvenile-court judges more accurately informed as to the progress of each child under their control. By a circular letter of December 13, 1916, sent out by this department, this need of the establishment of a system of subsequent reports was considered and advocated, and the judges were urged to require the same and to keep in touch with all children confined under their jurisdiction.

It is to be regretted that it is not possible to have in Porto Rico separate juvenile courts with no criminal jurisdiction and with no duties except those connected with the juvenile-court system. At the present time, however, the expense involved prevents this. Also it is advisable that there be specially trained probation officers employed by the government to devote their entire time to that work. But the same objection is sustainable to this plan. However, the problem now facing the juvenilecourt system in respect to probation officers will be partially met by an extension of the use of special probation officers, and it is gratifying to note that public-spirited citizens are aiding the enforcement of the act by acting in that capacity.

In the report of the attorney general of last year it was stated that the one serious drawback to the efficiency of the law has been the lack of adequate facility to care for juvenile delinquents who can not be placed under the custody of their parents or other persons. This same drawback is again set forth. The people of Porto Rico are very inadequately provided with institutional facilities with which to aid in the enforcement and effectiveness of the act. The minimum needs are a temporary detention home for each juvenile court, an institution or home with sufficient accommodations to care for abandoned children, and a separate institution or home to care for delinquent children. PENAL INSTITUTIONS.

The department of labor, charities, and corrections was abolished by the new organic act which went into effect on March 2, 1917, and on that date the control of the penal institutions and of the reform school passed to the department of justice by assignment in accordance with the provisions of section 53 of the new organic act. The change of management took place with little or no confusion. The clerical force of the bureau of prisons of the old department was taken over practically intact and amalgamated with the division of property, accounts, and statistics of the attorney general's office, which has now taken the name of the bureau of prisons, accounts, and statistics. Some changes have been made in the method of administration, but on the whole the prisons have been managed according to the system of the old department. Inspections have been made from time to time by officials of the central office and by the fiscals, and generally speaking, the institutions have been found to be in as good condition as the buildings and equipment permitted. It has been recognized that the present buildings being used for the penitentiary and for the district jails of Guayama and Aguadilla are utterly inadequate, and the reports of the director of labor, charities and corrections for many years have emphasized the need for new buildings. With these recommendations I am heartily in accord.

The principal things accomplished since the penal institutions became part of the department of justice will be described hereafter. They may be grouped as follows: (1) The return to the penitentiary of all felons who were found serving sentences in district jails; (2) the making of the San Juan branch of the Arecibo district jail into a separate jail; (3) providing for the transfer of women prisoners to the Arecibo jail: (4) the passage of legislation providing for the enlargement of the reform school, and permitting the transfer of all sentenced boys from the wards in San Juan; (5) extensive repairs to the buildings connected with the Ponce jail; (6) the establishment of weekly reports; and (7) the regulations of the work of prisoners outside of penal institutions. It is believed that an improvement has been made in the manner of making reports to the central office. Formerly detailed daily reports were made on a large number of separate sheets. These reports had to be tabulated and recorded by the clerical force, involving an immense amount of work, and making it difficult to check errors. At present all the reports for each week are made in one document. The weekly reports are indexed and filed and the names of all new prisoners are entered in a book and on a card index in which the most important information regarding their cases is entered. The reports are examined very carefully by the bureau of prisons and the chiefs of the penal institutions are notified of all mistakes and irregularities which appear. The principal feature of the weekly report is that it inaugurates a system by which the prisoner is guaranteed beforehand that he will be placed at liberty on the exact date of the expiration of his sentence, and not before or after, which has been found to occur in some cases, owing to errors of the jailer. In the weekly report informing of the entrance of the prisoner into jail or the penitentiary there must appear the exact date when his term of sentence expires. This date is verified in the bureau of prisons to find out whether the liquidation of the term of sentence made by the jailer is or is not correct.

Another innovation has been the establishment of rules and regulations for the use of prisoners outside of penal institutions in various classes of work for the departments of the government. Any official requiring prisoners for manual labor must present a requisition signed by the head of his department, who agrees to be responsible for

their custody. No prisoners may be used for clerical work. The requisition must be approved by the attorney general. By this system the practice of sending a large number of prisoners for the whole of the day to do an insignificant amount of cleaning, and in some instances private work, has been abolished and the possibility of escapes has been materially decreased.

The transfer of the penal institutions to the department of justice has made it possible for the prosecuting branch of the office to cooperate with the penal branch. For instance, the criminal reports are closely examined to find the length of time persons accused of crime are held awaiting trial, and cases not promptly disposed of are called to the attention of the fiscals or municipal courts. To this is partly due the fact that on June 30, 1917, there were only 56 persons confined awaiting trial, as against 86 on the corresponding date of the preceding year. The prompt prosecution of escaped convicts is secured, and the fiscals are constantly called upon to investigate irregularities, causes of escapes, and similar matters. The two branches of the department are thus able to work together in a manner that would be difficult if they were controlled by different departments.

THE PENITENTIARY.

Practically no changes have taken place in the penitentiary as yet. The workshops have been running regularly. These consists of a carpenter shop, fairly well equipped, a shoe shop, a tailor shop, bake shop, and barber shop. All except the carpenter shop are used solely for the needs of the penal institutions. It is to be regretted that the equipment does not permit of larger opportunities for prisoners to learn trades, since the idleness of the prisoners in this, as well as the other institutions, is one of their most striking faults. An appropriation by the legislature which would permit the teaching of trades in the penal institutions would be a great assistance not only in the reformation of prisoners but would constitute a profitable investment besides.

Since the penitentiary has been taken over all of the prisoners sentenced to that institution who had been sent to the jails to serve their terms have been brought back to the penitentiary. So many transfers had been made for various reasons that a large number of felons were found serving time in the district jails. It has been thought better to require all felons to serve in the penitentiary, to which they were sentenced, thus avoiding the possibility of favoritism, and leaving more room in the jails, so that transfers may be made from the more congested places, such as Guayama and Aguadilla, to the more roomy ones, such as Ponce and Mayaguez. This accounts for the apparent increase in the statistics in the number of prisoners serving time in the penitentiary on June 30, 1917, over the number on June 30, 1916, and the like decrease in the district jails.

DISTRICT JAILS.

It is the aim of the department to avoid the confinement of felons in the district jail where they will be in contact with prisoners who have been guilty of less serious offenses. As has been stated in connection with the penitentiary, all prisoners convicted to that institution have been removed from the district jails to which they had been transferred.

When the penal institutions were taken over it was found that the conditions in the San Juan branch of the Arecibo jail were very congested. Aside from the fact that there are more male prisoners in the San Juan jail than in any other jail of the island, quarters had to be maintained for a considerable number of women and for boys awaiting vacancies in the reform school. The matter was presented to the legislative assembly at its last session, which made the San Juan branch of the Arecibo and San Juan jail into a separate jail, to be called the San Juan jail, to take effect July 1, 1917, and provided for the designation of any one of the penal institutions as a place for the confinement of penal prisoners and for the confinement of boys awaiting admission to the reform school. After the abolition of the department of labor, charities and corrections, Mr. Manuel Camuñas, who was the director of the department, assisted in every way in making the transfer successful and in obtaining new beneficial legislation. During the fiscal year 1916-17 preparations were made for these new arrangements. Compartments for all the female prisoners of the island were prepared in the jail at Arecibo, and since the beginning of the new fiscal year the female prisoners have been transferred to that institution, thus relieving the congestion in the San Juan jail. The transfer of the boys in the ward for minors in San Jaun to the reform school, which will be referred to later, for which preparation was made before the end of the fiscal year, will also allow more room for the prisoners of the San Juan jail.

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