The Constitutional Status of Cuba: Cubans and Military

The census of the population determines the number of councillors to which each municipal district is entitled, as follows: Up to 500 inhabitants, five; 500 to 800, six; 800 to 1,000, seven; between 1,000 and 10,0000, one additional councillor for every additional 1,000 people; and between 10,000 and 20,000, one for every additional 2,000 people. For more than 20,000, one for every additional 2,000 inhabitants until the municipal council has the maximum number of thirty councillors.

The number of deputy mayors is determined on the same principle. Municipal districts of less than 800 inhabitants have no deputy mayors; between 800 to 1,000, one; 1,000 to 6,000, two; 6,000 to 10,000, three; 10,000 to 18,000, four; 18,000 or more, five. Up to 800 inhabitants there is but thereafter the number of subdistricts corresponds to the number of deputy mayors. Each deputy mayor is in charge of a subdistrict as the representative of the mayor, discharging such administrative duties as he may direct, but having no independent functions.

Up to 3,000 inhabitants there is but one electoral district; between 3,000 and 6,000, three; 6,000 to 10,000, four; 10,000 to 18,000, five; 18,000 or more, six.

The councillors are elected from the municipality at large by the qualified voters of the district, one-half being renewed every two years, the councillors longest in service going out at each renewal. They are eligible for re-election. The regular elections are held in the first two weeks in May, but partial elections are held when, at least six months before the regular election, vacancies occur which amount to a third of the total number of councillors. If they occur after this period they are filled by the Governor of the province from among former members of the council.

All male citizens over 25 years of age who enjoy their full civil rights and have lived at least two years in the municipality are entitled to vote, provided they are not disqualified by sentence for certain criminal offences, bankruptcy or insolvency, or are not delinquent taxpayers or paupers.

The mayors and deputy mayors are appointed by the Military Governor from among the councillors on the recommendation of the council. But while under the law the deputy mayors must be selected from the council, the Military Governor may appoint any person as mayor whether he belongs to the municipality or not.

Each ward has a mayor, who is appointed by the municipal mayor and discharges various minor duties. Each council has a secretary, appointed by the Governor of the island, and one or more fiscal attorneys, but the municipal mayor and the secretary are the only salaried officials, the offices of deputy members of the municipal board and mayor of a ward being described in the law as "gratuitous, obligatory and honorary." The duties of the municipal council do not differ materially from those that devolve upon similar bodies in European countries. The sessions of the municipal board are determined by the body itself, but they cannot be fewer than one in each week, at which every member is required to attend punctually or pay a fine. Neither the mayor, the deputies, aldermen nor ward mayor are permitted to absent themselves without permission, each from the next highest official above him.

A strong party in Cuba, headed by General Gomez, has been hostile to the military force accompanying the Governor-General, and much discontent existed throughout the island, but the fitness of the legislative assembly and of the voters could only be tested by time. There were 6,000 troops stationed in Cuba for an indefinite term.

The almost unanimous decision of the Cuban constitutional convention, as expressed in secret session in Havana to insert in the Constitution a clause providing for universal suffrage, brought the question of Cuba's future government into prominence again. It is believed that this particular provision was incorporated owing largely to the efforts of General Maximo Gomez's adherents, and that the proposed clause in the Constitution making eligible to the Presidency of the new republic not only native-born Cubans, but also any citizen who took part for ten years in the revolutionary war against Spain, was formulated for Gomez's special benefit. Some American sympathizers applauded this selection, on the ground that no less commanding and resourceful chieftain than he could have held the revolutionary forces together for half so long a time, and inspired them with courage and with hope. A very different view of Gomez was taken by others, who regarded him as the least fitted to hold the office to which he notoriously aspires.

The constitutional convention passed the universal suffrage measure on January 30, 1901. The clause in the Constitution providing for universal suffrage was finally adopted by the convention, after a keen debate. Senor Aleman said that suffrage was a constitutional question, and the undisputed right of all Cubans. Senor Berriel said if universal suffrage were granted an enormous number of naturalized foreigners would be given a right which would be a serious menace to Cuba.

Senor Sanguilly said without universal suffrage Cuba would be exposed to the domination of alien votes. There were 96,083 Spaniards and 6,894 other foreigners in the island, all of whom might have the right to vote against 112,000 Cubans who could read and write.

The third section of the constitutional project, dealing with the rights guaranteed by the Constitution, was considered, and two additions were made providing that the laws dealing with these rights shall be null when they tend to restrict or diminish them. This was inserted to guard against a selfish and unscrupulous legislature or executive.