The American Occupation of the Philippines 1898-1912Blount, James H. (James Henderson)
History
The American Occupation of the Philippines 1898-1912
Blount, James H. (James Henderson)
Philippines -- History -- 1898-1946; Philippines -- Politics and government -- 1898-1935
To show how absolute was the executive and legislative power over
8,000,000 of people entrusted by the sole authority of President
McKinley to Governor Taft--without consulting Congress, though
afterwards the authority so conferred was ratified by Congress and
descended from Governor Taft to his successor--an incident related
to me in the freedom of social intercourse, and not in the least
in confidence, by my late beloved friend Arthur W. Fergusson,
long Executive Secretary to Governor Taft, will suffice. In 1901
the Commission had passed a law providing for the constitution of
the Philippine judiciary, [425] according to which law an American,
in order to be eligible to appointment as a Judge of First Instance
(the ordinary trial court, or nisi prius court, of Anglo-Saxon
jurisprudence) must be more than thirty years old, and must have
practised law in the United States for a period of five years before
appointed. In 1903 President Roosevelt wanted to make Hon. Beekman
Winthrop (then under thirty years of age) now (1912), Assistant
Secretary of the Navy, a Judge of First Instance. Governor Taft called
Fergusson in and said: "Fergy, make me out a commission for Beekman
Winthrop as a Judge of First Instance." Fergusson said: "You can't do
it, Governor. It's against the law. He's not old enough." Winthrop was
a graduate of the Harvard Law School. Governor Taft said humorously,
"I can't eh? I'll show you. Send me a stenographer." A law was dictated
[426] striking out thirty years and inserting twenty-five, and adding
after the words "must have practised law for a period of five years"
the words "or be a graduate of a reputable law school." Fergusson
was then called in, and told to go down the hall, see the other
commissioners, [427] and get them together, which he did, and
the law was passed in a few minutes. Then Fergusson was sent for,
and the Governor said, handing him the new "law"; "Now make out
that commission." Even if Fergusson colored the incident up a bit,
in the exercise of his inimitable artistic capacity to make anything
interesting, his story was certainly substantially correct relatively
to the absoluteness of the authority of the Governor, as will appear
by reference to the two laws cited.
Public-domain text, read in full here on John Shaqi.
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