At the present time there are also American provost courts which take
cognizance of "offenses against the military government." This
designation is broad enough to include anything the military
authorities choose to include. Apart from a few cases of regrettable
harshness these courts have done fairly well.
While the various constitutions have expressly declared the
independence of the judicial power, the authority of the courts has
heretofore been rather relative, and they have studiously avoided
conflicts with the other branches of the government. There is no case
on record where they have declared a law unconstitutional. The supreme
court when driven into a corner in 1904 even declared that it had not
the authority to make such a declaration. The constitution of 1908
modified the decision by expressly providing that the supreme court
may decide as to the constitutionality of laws.
This decision of the supreme court made little impression in the
country, due probably in part to the ease with which the various
administrations have disregarded the constitution when it suited their
convenience. The little value of the constitution between friends has
constantly been demonstrated. Certain provisions have been
systematically violated, even by the best of administrations.
Principal among them is the provision that no one be arrested without
a warrant setting forth the offense, unless caught _in flagranti_, and
the provision that every person imprisoned be informed of the cause of
his imprisonment and submitted to examination within forty-eight hours
after arrest, and not be detained for a longer time than permitted by
law. These provisions have been dead letters as far as political
prisoners are concerned. When a person was suspected of being involved
in a conspiracy against the government he was liable at any moment to
be seized and conducted to prison, where he might be detained
indefinitely, until the danger was over, or he was considered
innocuous. The ancient fortress at the river mouth in Santo Domingo,
known as La Torre del Homenaje, bears over its entrance the sign,
"Political Prison," and rarely has it been without tenants, even when
the country was at peace and the constitutional guarantees were
supposed to be in force. On one occasion when I heard a Dominican
lawyer lament that a friend of his had thus been incarcerated for
several months without a hearing, I inquired why he did not apply to a
court and invoke the constitutional provision. The reply was, "The
judge who signed an order to set the prisoner free would probably join
him in jail before many hours had passed."
Public-domain text, read in full here on John Shaqi.
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