tion, treaties, laws, or resolutions adopted by the municipal councils in the exercise of their inherent rights. But the right of cognizance and decision of all claims arising from the said suspension shall pertain to the courts.

ART. 97. Neither the provincial councilmen, nor any section of, or commission from among their members, or of other persons designated by them, shall have any intervention in election matters pertaining to any election whatsoever.

ART. 98. The provincial councilmen shall be personally responsible before the courts in the manner prescribed by law for all acts whatsoever which they may perform in the exercise of their duties.

SECTION THIRD.-Governors of Provinces and their powers. ART. 99. The governors of Provinces shall have power toFirst. Comply with and enforce, in all matters within their jurisdiction, the laws, decrees, and general regulations of the nation.

Second. Publish the resolutions of the provincial councils that may be enforceable, executing the same and causing them to be executed." Third. Issue orders, as well as the necessary instructions and regulations for the better execution of the resolutions of the provincial councils, when the latter should not have done so.

Fourth. Call together the provincial councils in special session, whenever in their judgment it may be necessary, stating in the order convening the session the object thereof.

Fifth. Suspend the resolutions of the provincial and municipal councils in the cases determined by this Constitution.

Sixth. Order the suspension of alcaldes from office in cases where they exceed their powers, violate the Constitution or the laws, infringe the resolutions of provincial councils, or fail to comply with their duties; reporting such action to the provincial council in such manner as may be provided for by law.

Seventh. Appoint and remove the employees of his office in such manner as may be provided for by law.

ART. 100. The governor shall be responsible to the Senate, as specified in this Constitution, and to the courts of justice, in all other cases of crime in such manner as may be provided for by law.

ART. 101. The governor shall receive from the provincial treasury a salary, which may be changed at any time, but the change shall not take effect until after the election of a new governor.

ART. 102. In case of absence, either temporary or permanent, of the governor of the province, he shall be substituted in the discharge of his official duties by the president of the provincial council. Should such absence be permanent such substitution shall continue until the end of the term for which the governor may have been elected.

TITLE XII.

MUNICIPAL GOVERNMENT.

SECTION FIRST.-General rules.

ART. 103. The municipal district shall be governed by municipal councils composed of the number of councilmen, elected by direct vote, as may be provided for by law.

ART. 104. In each municipal district there shall be an alcalde elected by direct vote, as may be provided for by law.

SECTION SECOND.-Municipal councils and their powers.

ART. 105. The municipal councils shall have power toFirst. Decide all matters that relate exclusively to municipal districts.

Second. Prepare the budgets, providing the necessary revenues to meet them, without further limitations than making them compatible with the tax system of the State.

Third. Contract loans, but at the same time voting the permanent revenues necessary for the payment of interest and redemption of

same.

In order that said loans may be negotiated, they must be approved by two-thirds of the voters of the municipal districts.

Fourth. To appoint and remove from office municipal employees, as may be provided for by law.

ART. 106. The municipal council shall not reduce or suppress any revenues of a permanent nature without providing others at the same time in substitution thereof, except when the reduction or suppression arises from the reduction or suppression of equivalent permanent expenditures.

ART. 107. The resolutions of municipal councils shall be presented to the alcalde. If the latter should approve them he will attach his signature thereto; otherwise he will return them, with his objections, to the municipal council, where they will again be discussed. And if, upon this second discussion, two-thirds of the total number of councilmen should vote in favor of any resolution it shall be executed.

Whenever the alcalde should not return any resolution within ten days after it has been presented to him, it shall be considered approved and shall also be executed.

ART. 108. The resolutions of municipal councils may be suspended by the alcalde, by the governor of the Province, or by the President of the Republic, whenever, in their judgment, such resolutions are contrary to the Constitution, to treaties, to the laws, or to the resolutions adopted by the provincial council by virtue of its inherent rights, but the courts of justice shall take cognizance of and decide all claims arising therefrom.

ART. 109. Councilmen shall be personally responsible before the courts of justice, as may be provided for by law, for all acts performed by them in the exercise of their duties.

SECTION THIRD.-Alcaldes; their powers and duties.

ART. 110. Alcaldes shall be required to

First. Publish the resolutions of municipal councils that may be binding, execute and cause the same to be executed.

Second. To take charge of the administration of municipal affairs, issuing orders for the purpose, as well as instructions and regulations for the better execution of the resolutions of municipal councils, whenever the latter may fail to do so.

Third. Appoint and remove the employees of his office as may be provided for by law.

ART. 111. The alcalde shall be personally responsible before the courts of justice, as may be prescribed by law, for all acts performed in the discharge of his official duties.

ART. 112. The alcalde shall receive a salary, to be paid by the municipal treasury, which may be changed at any time; but such change shall not take effect until after a new election has been held.

ART. 113. In case of either temporary or permanent absence of the alcalde, his official duties shall be discharged by the president of the municipal council.

Should such absence be permanent, such substitution shall continue for the term for which the alcalde may have been elected.

TITLE XIII.

THE NATIONAL TREASURE.

ART. 114. All property existing within the territory of the Republic not belonging to provinces or municipalities or to individuals, separately or collectively, is the property of the State.

TITLE XIV.

AMENDMENTS TO THE CONSTITUTION.

ART. 115. The Constitution shall not be amended, in whole or in part, except by a resolution adopted by two-thirds of the total number of members of each colegislative body.

Six months after an amendment has been agreed upon a Constitutional Convention shall be convened, the duties whereof shall be limited to either approving or rejecting the amendment voted by the colegislative bodies, which latter shall continue in the performance of their duties with absolute independence of the convention.

Delegates to the said convention shall be elected by each province in the proportion of one for every fifty thousand inhabitants and in the manner that may be provided by law.

TRANSITORY RULES.

First. The Republic of Cuba does not recognize any other debts and obligations than those legitimately contracted in behalf of the revolution by the corps commanders of the Liberating Army subsequent to the twenty-fourth day of February, 1895, and prior to the nineteenth day of September of the same year, the date on which the Jimaguay ú Constitution was promulgated, and such debts and obligations as the revolutionary government may have contracted subsequently, either by itself or through its legitimate representatives in foreign countries. Congress shall classify said debts and obligations and decide as to the payment of those that may be legitimate.

Second. Persons born in Cuba, or children of native-born Cubans, who, at the time of the promulgation of this Constitution, might be citizens of any foreign nation shall not enjoy the rights of Cuban nationality without first and expressly renouncing their said foreign citizenship.

Third. The period of time which foreigners may have served in the wars of independence of Cuba shall be computed as within that required for the naturalization and residence necessary to acquire the right granted to naturalized citizens in article 49.

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Fourth. The basis of population which is established in relation to the election of Representatives and Delegates to the Constitutional Convention in articles 48 and 115 may be changed by law whenever, in the judgment of Congress, it should become necessary through the increase of the number of inhabitants, as may be shown by the census which may be periodically taken.

Fifth. Senators, at the time of the first organization of the Senate, shall divide into two groups for the purpose of determining their respective tenures of office.

Those comprising the first group shall cease in their duties at the expiration of the fourth year, and those comprising the second group at the expiration of the eighth year. It shall be decided by lot which of the two Senators from each province shall belong to either group. The law will provide the procedure for the formation of the two groups into which the House of Representatives shall be divided for the purpose of its partial renewal.

Sixth. Ninety days after the promulgation of the electoral law, which shall be prepared and adopted by the Constitutional Convention, the election of public officers provided for by the Constitution shall be proceeded with, for the transfer of the Government of Cuba to those elected, in conformity with the provisions of Order No. 301 of Headquarters Division of Cuba, dated July 25, 1900.

Seventh. All laws, decrees, regulations, orders, and other rulings which may be in force at the time of the promulgation of this Constitution shall continue to be observed, in so far as they do not conflict with the said Constitution, until such time as they may be legally revoked or amended.

APPENDIX.

ARTICLE I. The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any way authorize or permit any foreign power or powers to obtain by colonization or for naval or military purposes, or otherwise, lodgment or control over any portion of said island.

ART. II. That said Government shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking-fund provision for the ultimate discharge of which the ordinary revenues of the Island of Cuba, after defraying the current expenses of the Government, shall be inadequate.

ART. III. That the Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba.

ART. IV. That all the acts of the United States in Cuba during the military occupancy of said island shall be ratified and held as valid, and all rights legally acquired by virtue of said acts shall be maintained and protected.

ART. V. That the Government of Cuba will execute, and, as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the

end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein.

ART. VI. The island of Pines shall be omitted from the boundaries of Cuba specified in the Constitution, the title of ownership thereof being left to future adjustment by treaty.

ART. VII. To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defence, the Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States. ART. VIII. The Government of Cuba will embody the foregoing provisions in a permanent treaty with the United States.

LEONARD WOOD, Military Governor of Cuba.

HEADQUARTERS MILITARY GOVERNOR ISLAND OF CUBA,

Havana, May 20, 1902.

To the President and Congress of the Republic of Cuba. SIRS: Under the direction of the President of the United States, I now transfer to you as the duly elected representatives of the people of Cuba the government and control of the island, to be held and exercised by you, under the provisions of the constitution of the Republic of Cuba, heretofore adopted by the constitutional convention and this day promulgated; and I hereby declare the occupation of Cuba by the United States and the military government of the island to be ended. This transfer of government and control is upon the express condition, and the Government of the United States will understand, that by the acceptance thereof you do now, pursuant to the provisions of the said constitution, assume and undertake all and several the obligations assumed by the United States with respect to Cuba by the treaty between the United States of America and Her Majesty the Queen Regent of Spain, signed at Paris on the 10th day of December, 1898. All money obligations of the military government down to this date. have been paid as far as practicable. The public civil funds derived from the revenues of Cuba transferred to you this date, amounting to $689,191.02, are transferred subject to such claims and obligations properly payable out of the revenues of the island as may remain. The sum of $100,000 has been reserved from the transfer of funds, to defray anticipated expenses of accounting, reporting, and winding up the affairs of the military government, after which any unexpended balance of said sum will be paid into the treasury of the island.

The plans already devised for the sanitation of the cities of the island and to prevent a recurrence of epidemic and infectious diseases, to which the Government of the United States understands that the provision of the constitution contained in the fifth article of the appendix applies, are as follows:

(1) A plan for the sewering and paving of the city of Havana, for which a contract has been awarded by the municipality of that city to McGivney, Rokeby and Com

pany.

(2) A plan for waterworks to supply the city of Santiago de Cuba, prepared by Captain S. D. Rockenbach, in charge of the district of Santiago, and approved by