Porto Rico

By the ratification of the treaty of peace with Spain, Porto Rico became subject to the legislative power of Congress, but, pending the action of Congress, and the necessary delay in establishing civil government, there was no inter regnum, and the authority to govern the territory ceded by the treaty was, by the law applicable to conquest and cession, under the military control of the president as commander-in-chief; Santiago v. Nogueras, 214 U. S. 260, 29 Sup. Ct. 608, 53 L. Ed. 989. The purpose of the organic act of April 12, 1900, was to give local self-government, conferring an autonomy similar to that of the states: Gromer v. Dredging Co., 224 U. S. 362, 32 Sup. Ct. 499, 5G L. Ed. 801; Porto Rico v. Rosaly Y Castillo, 227 U. S. 270, 33 Sup. Ct. 352, 57 L. Ed. 507. Since April 11, 1899, Porto Rico has been de facto and de jure American territory. Its history and its legal and political institutions up to its annexation are matters which must be recognized, as are the ancient laws and institutions of many of our states, when matters come before it from their several jurisdictions. The court will take judicial notice of the Spanish law as far as it effects our insular possessions. It is pro tanto no longer foreign law; Ponce v. Church, 210 U. S. 296, 28 Sup. Ct. 737, 52 L. Ed. 1068. While it has not for all purposes been incorporated into the United States, it is not foreign territory; De Lima v. Bidwell, 182 U. S. 1, 21 Sup. Ct 743, 45 L. Ed. 1041; nor are its citizens aliens; American R. Co. v. Didricksen, 227 U. S. 145, 33 Sup. Ct. 224, 57 L. Ed. 456, following Gchizales v. Williams, 192 U. S. 1, 24 Sup. Ct 171, 48 L. Ed. 317. Its organization is in most essentials that of a territory; American R. Co. v. Didricksen, 227 U. S. 145, 33 Sup. Ct 224, 67 L. Ed. 456, following New York v. Bingham, 211 U. S. 468, 29 Sup. Ct 190, 63 L. Ed. 286. When Spain’s sovereignty was withdrawn, the Spanish Governor-General and all othei prerogatives delegated to them, ceased to exercise such authority, and the powers possessed by them under the royal decree of 1878 in regard to the formation of corporations did not pass to the authority of the United States; Moore, Int. Law § 03. By the act of April 32, 1900, in relation to the government of Porto Rico, the commissioner of navigation was empowered to make such regulations, subject to the approval of the secretary of the treasury, as he might deem expedient for the nationalization of all vessels owned by the inhabitants on the date of the exchange of the ratifications of the treatry of cession, and which continued to be so owned up to the time of such nationalization, and for their admission to all the benefits of the coasting trade of the United States. The power to dispose permanently of the public lands and property rests in congress and, in the absence of a statute conferring such power, cannot be exercised by the executive; 1 Moore, Int. L. § 93. The title of the Roman Catholic church in Porto Rico to churches erected and dedicated to religious uses, is not affected by the fact that some of the funds for building or repairing them were public funds appropriated by the municipality of Ponce, where such appropriations were made without reservation or restriction; Ponce v. Roman Catholic Church, 210 U. S. 296, 28 Sup. Ct 737, 52 L. Ed. 1068. See Philippines; Military Occupation.