Page:The Green Bag (1889–1914), Volume 14.pdf/465

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The Green Bag.

put in practice the jury laws. In fact, some United States, is a very thorough and radi cal one, and cannot be accomplished in the of the continental lawyers are becoming dis couraged about fully introducing the system course of a few months. In the first place, into the island for some time to come. If the judges have to be impressed with the there were a good American lawyer on every benefit of the reform, then the " fiscals," or district bench in the island, and such lawyers prosecuting attorneys, must take the matter would enter the practice more generally in up with zeal and earnestness, and the great the insular courts, the jury system might bulk of practising lawyers must be in sympa be organized and generally practised at a thy and harmony with the movement, else much earlier day than seems likely to be the its progress will be retarded at every step. Probably there are other fields more in case at present. The Code of Civil Procedure, which has viting for the propagation of American ideas been in force for years under the Spaniards, in Porto Rico than that under consideration. and has been so far continued under the As long as the life, the liberty, and the prop Americans, is still in full vigor. However, erty of the inhabitants are protected by an the last session of the Legislative Assembly upright and intelligent administration of passed a political code, a civil code, a criminal wholesome and salutary laws, no one is likely code, and code of criminal procedure; the to make any great outcry against the lack of two latter being closely modeled on Ameri | jury trials. In fact, as American lawyers very can lines. In fact, a large proportion of well know, there is a large element in the these criminal laws are copied from the United States among the best business men, California Code, and other statutes of the who consider jury trials in civil cases more several American States. This being the of a hindrance than a help. Such being case, and these laws having gone into effect the case, it is not to be wondered at that on the first of July, many of the native the proportion of people entertaining such judges and lawyers are giving considerable views is much larger in this island, which attention to the study of the new system; has been so recently a province of Spain. and perhaps jury trials will receive a fresh However, as American civilization advances, impetus as soon as the summer vacations and American ideas supersede the worn out are over. customs of the Spanish peninsula, doubtless A change from the code system under American practice in the administration of the civil law as it existed under the Spanish justice, including the jury system as based domination in Porto Rico, to the jury system on the ancient laws of our ancestors, will be under the common law, as it exists in the adopted in full vigor.