COURT OF THE JUSTICE OF THE PEACE OF SAN RAFAEL, The honorable judge said: That, acknowledging receipt of the aforesaid accusation, he refuses to take any legal proceedings in view of the conduct shown by the municipal president of this town, Señor Victorino de la Fuente, at the time when the complainant asked protection of the said president, who proceeded not only by refusing the protection solicited, but by arming the municipal police force under his control, with definite orders against anyone opposing his will; therefore, he believes that it is not wise to interfere in the affair, because the gross conduct of the municipal president was not directed at the force of the law, but at the law of force, while the defendant may be in a condition to trouble anyone; thus it is that he provides for an appeal to the superior, so that convenient measures may be taken. It is thus ordered." AMBROSO VALERO. MUNICIPAL PRESIDENT, San Rafael, Bulacan. SAN RAFAEL, March 8, 1903. SIR: The undersigned, parish priest of this town, protests against the burial of a corpse of a Protestant in the holy cemetery with the rites of the Roman Catholic Church; and, therefore, abiding by the provisions in force, asks protection so that the burial of one Leogario de Guzman in the sacred ground will not take place, and asks you to acknowledge receipt of this for consequent results. Respectfully, BONIFACIO YCASIANO. No. 2 CALLE ARZOBISPO, Manila, P. I., March 11, 1903. The CIVIL GOVERNOR, Manila, P. I. SIR: By direction of the bishop-administrator of the archdiocese of Manila, we have the honor to present for your consideration the inclosed documents from Rev. Bonifacio Ycasiano, parish priest of San Rafael, Bulacan, with translations, and to request your attention to the same. Very respectfully, HARTIGAN, MARPLE, SOLIGNAC, MCCABE & GUTIERREZ. [First indorsement.] EXECUTIVE BUREAU, Manila, P. I., March 14, 1903. Respectfully referred to the governor of Bulacan for his action, if the evidence discloses the facts as stated herein by the parish priest. If the municipal president has thus resorted to violence to compel the priest of the Roman Catholic Church to permit the burial of a person whose burial is forbidden by the laws of the church in a cemetery in the possession of the church, and has enforced his will by violence, he ought to be suspended and removed. He has no right to take the law into his own hands. He has no right to infringe the rights of property of the Roman Catholic Church and its right of possession. Even if he claims that the church is not the owner of the cemetery, the church is in possession, and it is a gross violation of his duty to violate that possession by force. The question of the right of property can be tested in the courts. I trust that you will look into this matter, as I know you will, impartially, and act, as I know you will, as justice dictates. WM. H. TAFT, Civil Governor. Here follows the report of the acting governor of the province, Francisco Morelos, which, together with the testimony accompanying it, covers 7 typewritten pages. The report is to the effect that the ground in which the corpse was buried is outside the Catholic cemetery and forms no part of it. The testimony, while conflicting in some of its details and not definite, seems to substantiate this opinion. [Second indorsement.] (This indorsement is the reference of the above-mentioned report to the civil governor.) [Third indorsement.] EXECUTIVE BUREAU, Respectfully referred to Messrs. Hartigan, Marple, Solignac, McCabe & Gutierrez, attorneys at law, Manila, inclosing additional information in this case, and requesting prompt return of all papers with such comment as they may see fit to make. [Fourth indorsement.] A. W. FERGUSSON, MANILA, May 2, 1903. Respectfully returned to Hon. A. W. Fergusson, executive secretary, asking attention to the further statement of the parish priest of San Rafael and the affidavit of Rev. Juan de la Rosa, who consecrated the cemetery in the year 1882, with translations thereof. HARTIGAN, MARPLE, SOLIGNAC, MCCABE & GUTIERREZ, (What the additional statement was, which is mentioned in the fourth indorsement, does not appear from the record.) [Fifth indorsement.] OFFICE OF THE CIVIL GOVERNOR, Respectfully returned to the governor of Bulacan, inviting attention to the additional evidence submitted by the parish priest, together with the affidavits of the priest who blessed the cemetery, and requesting that a much fuller investigation be made, not only as to the case of where the cemetery was, but as to what was used as a cemetery at the time of the burial, and whether what was used included the place of burial in this instance. The question is one of actual possession, not title. [Sixth indorsement.] WM. H. TAFT, Civil Governor. OFFICE OF THE PROVINCIAL GOVERNOR, Malolos, P. I., May 26, 1903. Respectfully returned to the executive secretary, together with the information and papers in this matter. PABLO TECSON, Provincial Governor. (This second report of the provincial officials covers seven pages, and confirms and strengthens the former.) [Seventh indorsement.] OFFICE OF THE CIVIL GOVERNOR, Baguio, Benguet, June 13, 1903. Respectfully referred to Messrs, Hartigan, Marple, Solignac, McCabe & Gutierrez, inviting attention to the decision of Governor Tecson upon the question of actual control of the cemetery where the burial took place and the evidence upon which his decision proceeded. It seems to me that the decision is correct and that the cemetery was a municipal cemetery de facto. Whether the title was in the church is a question for adjudication which may be raised in the ordinary way, but the action of the president in ordering the burial to take place where it did take place was an order affecting property in actual control and custody of the municipality, and therefore offers no occasion for discipline of the president. The church authorities may have recourse to the court of first instance to test the title and oust the municipality, if it has been and is in unlawful possession. The return of these papers is requested. WM. H. TAFT, Civil Governor. EXHIBIT No. 19. [First indorsement.] OFFICE OF THE CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS, Manila, P. I., July 14, 1903. Respectfully forwarded to the Hon. Juan Cailles, provincial governor of La Laguna, calling his attention to the within communication. If, as stated, the municipal council of Lilio has passed an ordinance levying a tax upon the ringing of church bells when certain ceremonies are performed, the councilors have acted improvidently and in excess of their authority. The only authority given the municipal council to levy taxes is found in the municipal code, in which the subject of taxation is specifically enumerated, and any others are prohibited. It is desired that you promptly notify the municipal council of Lilio of the impropriety of its action and see that the ordinance is repealed. LUKE E. WRIGHT, Acting Civil Governor. EXHIBIT NO. 20. OFFICE OF THE SECRETARY, PROVINCE OF CAVITE, Honorable CIVIL GOVERNOR, Manila, P. I. "VII.-Resolved, On motion of the municipal president of San Roque, to recommend to the Civil Commission, through the provincial board of Cavite, the unanimous expression of opinion of the municipal presidents of the pueblos of this province that the question of the friars should be promptly and effectively settled, as it is a matter of primary importance, for the friars, or those who purport to represent them, are making manifestations of such a character that (although, fortunately, up to the present date they have been peaceable) they may result any day in tumult and a breach of the peace, a condition that would be very subversive to the well-being of the inhabitants of this province, which should be the supreme care of the government of the Philippines, according to the wishes of the unfortunate ex-President of the United States, Mr. McKinley, expressed in the instructions given to the Civil Commission in regard to the form of government in these islands.' I have the honor to transmit the above resolution, that due notice may be taken thereof. SIR: The committee of the lawsuit against the Recoleto friars sends me the following communication: "THE MUNICIPAL PRESIDENT OF IMUS. "SIR: This committee has the honor to inform you that this morning Mr. Gregor, agent of the house which is the so-called purchaser of the San Juan estate, has gone over the land of this pueblo from the bridge of the barrio of Palico to the boundary of Bacoor, with an apparatus or instrument similar to those used for surveying, stopping at the street corners, accompanied by two American soldiers armed with rifles. As this affects or prejudices the lawsuit which is being followed by the pueblo, the committee begs you to take the necessary action for this gentleman to be prevented to go on with his operation and to apply to the proper authorities so that he may not be given a military escort, under whose protection he is acting to the prejudice of the rights of the pueblo." I, in my turn, communicate the facts to you, and beg you to see the constituted authorities, so that the military commander of this pueblo be restrained from giving his help to said Mr. Gregor in a matter which is before the courts, and in order to avoid disorders which might have serious consequences. LINRIO TOPACIO, [First indorsement.] OFFICE OF THE CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS, Respectfully referred to the commanding general Division of the Philippines and military governor. This subject of friars' lands in Cavite is a most delicate one. On some accounts it is the most troublesome question that we are likely to have here. I have been attempting, through an agent whom I have sent down into Cavite, to obtain some idea of the value of the lands with a possible view to their purchase by the insular government, but the agent whom I sent, I have been informed, was turned back from the land by two soldiers. I respectfully request that the officer in command be directed not to interfere with my surveyor. The frenzy that these people can get into in regard to the friars' lands is almost impossible to believe. I suggest that each party would better be left to his legal rights, without assistance except from the officers of the court. WM. H. TAFT, Civil Governor. HEADQUARTERS DIVISION OF THE PHILIPPINES, Respectfully referred to the commanding officer, Imus, Cavite, for report and explanation as to why soldiers are acting as escort to and guarding any surveyor. This is not a soldier's duty and should not be permitted unless ordered by higher authority. A full explanation of this incident will be made. These papers to be returned through military channels. By order of Major-General Chaffee: J. S. KERR, Assistant Adjutant-General. [Third indorsement.] IMUS, CAVITE PROVINCE, P. I., October 23, 1901. Respectfully referred to First Lieut. A. V. P. Anderson, Sixth Cavalry, who was in command of this station October 11, 1901. Information is desired as to whether a guard was furnished Mr. McGregor from this station on or about October 11, 1901; also whether, to his knowledge, any American soldiers have turned back a surveyor sent here by the civil governor or have had any orders to do so. B. T. SIMMONS, Captain, Fourth Infantry, Commanding. [Fourth indorsement.] IMUS, CAVITE PROVINCE, P. I., October 25, 1901. Respectfully returned with the information that Mr. McGregor was furnished with no escort on or about October 11, nor upon any other date during the time I commanded this post. At about the date above mentioned there were two enlisted men from San Francisco de Malabon (headquarters of the Fourth Infantry) making an authorized road sketch of the country in the vicinity of this post and Bacoor, with an armed escort, and it occurs to the undersigned that Mr. McGregor may have been seen by some native in conversation with this detachment. I have reason to believe that Mr. McGregor, on the occasion of his recent visit to Imus, had in his possession no scientific instrument other than a camera. To my knowledge no surveyor has been turned back from this town by American soldiers. In the early part of this month a native surveyor presented me with a memorandum note from Maj. C. W. Mason, Fourth Infantry, stating that he (the surveyor) was in the employ of the civil government and that he desired access to a certain large blue-print map of the friars' lands in question. I gave this man permission to copy this map, and took him in person to the place where it hangs. He was, however, not satisfied, and desired the use of the tracing from which the blue print was made. I explained to him that we did not have the tracing, whereupon he left. I can hardly credit his statement, as there have been native surveyors employed by the pueblo frequently working in this vicinity, and they have never been molested by the troops. A. V. P. ANDERSON, First Lieutenant, Sixth Cavalry. [Fifth indorsement.] IMUS, CAVITE PROVINCE, P. I., October 27, 1901. Respectfully returned through military channels to the adjutant-general, Division of the Philippines. An escort was furnished to Mr. McGregor to San Nicolas on or about July 20, 1901, in compliance with instructions from the adjutant-general, first district, Department of Southern Luzon. Since that date no guard has been furnished him or any surveyor. If any American soldier has turned back any surveyor sent to this station by the civil governor he has done so without authority. I do not believe such to have been the case. In justice to the officers who have commanded or may command this station, it is requested that credence be not given to statements made by natives concerning the official acts of those officers until they have been investigated. B. T. SIMMONS, Captain, Fourth U. S. Infantry, Commanding. [Sixth indorsement.] HEADQUARTERS THIRD SEPARATE BRIGADE, DEPARTMENT OF SOUTHERN LUZON, Batangas, Batangas Province, P. I., November 3, 1901. Respectfully forwarded to the adjutant-general, Department of Southern Luzon. There does not seem to have been a guard furnished as reported (October 11, 1901). The records of this office show a guard was furnished Mr. McGregor on July 18. I was absent from my headquarters at that time and can not say why such detail was made. I am aware of the strong feeling about these lands, and have always been averse to the question coming up under present unsettled conditions. S. S. SUMNER, Brig. Gen., U. S. Army, Commanding. [Seventh indorsement.] HEADQUARTERS DEPARTMENT OF SOUTHERN LUZON, Respectfully returned to the adjutant-general, Division of the Philippines; attention invited to the fourth, fifth, and sixth indorsements. J. P. WADE, Brig. Gen., U. S. Army, Commanding. [Eighth indorsement.] HEADQUARTERS DIVISION OF THE PHILIPPINES, Manila, P. I., November 14, 1901 Respectfully returned to the Hon. Luke E. Wright, vice-civil governor of the Philippine Islands, Manila, P. I., inviting attention to preceding indorsements. There does not appear to be any ground for the within complaint. ADNA R. CHAFFEE, EXHIBIT No. 22. [Telegram.] Governor TRIAS, Cavite: MANILA, November 9, 1902. I have been informed that forcible possession has been taken of a church in Caridad which has been until now in the peaceable possession and under the control of a priest of the Roman Catholic Church. Such dispossession is an unlawful act. If the church building is claimed by the municipality, its rights must be asserted in court. They can not be vindicated by the strong hand under a government of law and order. I rely on you to preserve the peace and to prevent the people of a municipality from violating the law. You ought not to take sides, as governor, in the religious controversies, but you must preserve the law and restrain its violation, no matter who is the violator. I rely on you to do so. WAR 1903-VOL 5- -18 TAFT, Civil Governor. |